Los Gatos City Council
December 19, 2023

35 Table 13: Regional Racial Segregation Measures
Index Group 2010 2020
Isolation Index Regional Level
Asian/Pacific Islander 0.317 0.378
Black/African American 0.144 0.118
Latinx 0.283 0.291
White 0.496 0.429
People of Color 0.629 0.682
Dissimilarity Index Regional Level
Asian/Pacific Islander vs. White 0.384 0.369
Black/African American vs. White 0.475 0.459
Latinx vs. White 0.301 0.297
People of Color vs. White 0.296 0.293
Theil's H Multi-racial All Racial Groups 0.103 0.097
Universe: Population.

Source: IPUMS National Historical Geographic Information System (NHGIS). U.S. Census Bureau, 2020 Census State Redistricting Data (Public Law 94-171) Summary File, 2020 Census of Population and Housing, Table P002. Data from 2010 is from U.S. Census Bureau, 2010 Census of Population and Housing, Table P4.

Table 14: Regional Income Segregation Measures
Index Group 2010 2015
Isolation Index Regional Level
Very Low-Income (<50% AMI) 0.277 0.315
Low-Income (50%-80% AMI) 0.157 0.154
Moderate-Income (80%-120% AMI) 0.185 0.180
Above Moderate-Income (>120% AMI) 0.467 0.435
Dissimilarity Index Regional Level
Below 80% AMI vs. Above 80% AMI 0.186 0.194
Below 50% AMI vs. Above 120% AMI 0.238 0.248
Theil's H Multi-income All Income Groups 0.034 0.032
Universe: Population.

Source: Data for 2015 is from U.S. Department of Housing and Urban Development, American Community Survey 5-Year 2011- 2015 Low- and Moderate-Income Summary Data. Data for 2010 is from U.S. Department of Housing and Urban Development, American Community Survey 5-Year 2006-2010 Low- and Moderate-Income Summary Data.

36 Table 15: Population by Racial Group, Los Gatos and the Region Los Gatos Bay Area
Race 2000 2010 2020 2020
Asian/Pacific Islander 7.55% 10.95% 18.28% 35.8%
Black/African American 0.76% 0.86% 0.89% 5.6%
Latinx 5.21% 7.21% 9% 28.2%
Other or Multiple Races 3.16% 3.95% 6.55% 24.4%
White 83.31% 77.03% 65.29% 5.9%
Universe: Population.

Source: IPUMS National Historical Geographic Information System (NHGIS). U.S. Census Bureau, 2020 Census State Redistricting Data (Public Law 94-171) Summary File, 2020 Census of Population and Housing, Table P002. Data from 2010 is from U.S. Census Bureau, 2010 Census of Population and Housing, Table P4. Data for 2000 is standardized to 2010 census tract geographies and is from U.S. Census Bureau, Census 2000, Table P004.

Table 16: Population by Income Group, Los Gatos and the Region Los Gatos Bay Area
Income Group 2010 2015 2015
Very Low-Income (<50% AMI) 10.83% 14.29% 28.7%
Low-Income (50%-80% AMI) 6.56% 10.57% 14.3%
Moderate-Income (80%-120% AMI) 11% 16.34% 17.6%
Above Moderate-Income (>120% AMI) 71.62% 58.8% 39.4%
Universe: Population.

Source: Data for 2015 is from U.S. Department of Housing and Urban Development, American Community Survey 5-Year 2011- 2015 Low- and Moderate-Income Summary Data. Data for 2010 is from U.S. Department of Housing and Urban Development, American Community Survey 5-Year 2006-2010 Low- and Moderate-Income Summary Data.

37 6 REFERENCES
Ananat, Elizabeth Oltmans. 2011. “The wrong side(s) of the tracks: The causal effects of racial segregation on urban poverty and inequality,” American Economic Journal: Applied Economics 3: 34-

66. Bayer, Patrick, Robert McMillan, and Kim S. Rueben. 2004. “What Drives Racial Segregation? New Evidence using Census Microdata,” Journal of Urban Economics 56(3): 514-535.

Burch, Traci. 2014. “The Old Jim Crow: Racial Residential Segregation and Imprisonment,” Law and Policy 36(3): 223-255.

Chetty, Raj and Nathanial Hendren. 2018. “The Impacts of Neighborhoods on Intergenerational Mobility I: Childhood Exposure Effects,” The Quarterly Journal of Economics 133(3):1107-1162 Cutler, David M., and Edward L. Glaeser. 1997. “Are ghettos good or bad?,” The Quarterly Journal of Economics 112(3): 827-72.

Lens, Michael and Paavo Monkkonen. 2016. “Do Strict Land Use Regulations Make Metropolitan Areas More Segregated by Income?,” Journal of the American Planning Association 82(1): 6–21.

Pendall, Rolf. 2000. “Local Land-Use Regulation and the Chain of Exclusion,” Journal of the American Planning Association 66(2): 125-142.

Rothstein, Richard. 2017. The Color of Law: A Forgotten History of how our Government Segregated America. New York: Liveright Publishing.

Sampson, Robert J. 2012. Great American city: Chicago and the enduring neighborhood effect.

Chicago: University of Chicago Press.

Sharkey, Patrick. 2013. Stuck in place: Urban neighborhoods and the end of progress toward racial equality. Chicago: University of Chicago Press.

Trounstine, Jessica. 2015. “Segregation and Inequality in Public Goods,” American Journal of Political Science 60(3): 709-725.

Trounstine, Jessica. 2018. Segregation by Design: Local Politics and Inequality in American Cities. New York: Cambridge University Press.

Sites Inventory Form H

APPENDIX

Please Start Here, Instructions in Cell A2, Table in
A3:B17 Form Fields
Site Inventory Forms must be submitted to HCD for a
housing element or amendment adopted on or after
January 1, 2021. The following form is to be used for
satisfying this requirement. To submit the form,
complete the Excel spreadsheet and submit to HCD
at [email protected]. Please send the Excel
workbook, not a scanned or PDF copy of the tables.

General Information
Jurisidiction Name LOS GATOS
Housing Element Cycle 6th
Contact Information
First Name Joel
Last Name Paulson
Title Community Development Director
Email [email protected]
Phone 4083546879
Mailing Address
Street Address 110 East Main Street
City Los Gatos
Zip Code 94538
Website
https://www.losgatosca.gov/897/Planning

Table A: Housing Element Sites Inventory, Table Starts in Cell A2 For Santa Clara County jurisdictions, please format the APNs as follows: 999-99-999 Jurisdiction Name Site Address/Intersection 5 Digit
ZIP Code
Assessor
Parcel Number
Consolidated
Sites
General Plan Designation
(Current)
Zoning Designation
(Current)
Minimum
Density
Allowed
(units/acre)
Maximum
Density
Allowed
(units/acre)
Parcel
Size
(Acres)
Existing
Use/Vacancy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower
Income
Capacity
Moderate
Income
Capacity
Above
Moderate
Income
Capacity
Total
Capacity Optional Information1 Optional Information2 Optional Information3 LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0
LOS GATOS 0

Table B: Candidate Sites Identified to be Rezoned to Accommodate Shortfall Housing Need, Table Starts in Cell A2 For Santa Clara County jurisdictions, please format the APNs as follows: 999-99-999 Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code
Assessor Parcel
Number
Very LowIncome Low-Income ModerateIncome
Above
ModerateIncome
Type of Shortfall Parcel Size
(Acres)
Current General
Plan Designation Current Zoning
Proposed General
Plan (GP)
Designation
Proposed Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Total Capacity Vacant/
Nonvacant
Description of
Existing Uses Infrastructure Optional Information1 Optional Information2 Optional Information3 LOS GATOS 165 Los Gatos-Saratoga Road 95030 529-04-083 0 0 0 7 Shortfall of Sites 0.37 Central Business Dis C-2 Central Business Dis C-2:HEOZ 20 30 7 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub A-3 LOS GATOS 50 Los Gatos-Saratoga Road 95030 529-24-032 76 75 51 9 Shortfall of Sites 7.04 Mixed Use Commerc CH:PD Mixed Use Commerc CH:PD:HEOZ 30 40 211 Non-Vacant Hotel/motel YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub B-1 LOS GATOS Los Gatos-Saratoga Road 95030 529-24-001 9 9 9 18 Shortfall of Sites 1.49 Mixed Use Commerc CH:PD Mixed Use Commerc CH:PD:HEOZ 30 40 45 Non-Vacant Hotel/motel YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub B-1 LOS GATOS Los Gatos-Saratoga Road 95030 529-24-003 1 2 2 1 Shortfall of Sites 0.28 Mixed Use Commerc CH:PD Mixed Use Commerc CH:PD:HEOZ 30 40 6 Non-Vacant Hotel/motel YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub B-1 LOS GATOS 15300 Los Gatos Boulevard 95032 424-17-036 19 9 10 10 Shortfall of Sites 1.6 Mixed Use Commerc C-1 Mixed Use Commerc C-1:HEOZ 30 40 48 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-1 LOS GATOS 15349 Los Gatos Boulevard 95032 424-19-049 4 2 2 2 Shortfall of Sites 0.34 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 10 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-2 LOS GATOS 15367 Los Gatos Boulevard 95032 424-19-048 15 7 7 7 Shortfall of Sites 1.2 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 36 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-2 LOS GATOS 15405 Los Gatos Boulevard 95032 424-19-069 16 8 8 8 Shortfall of Sites 1.34 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 40 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-2 LOS GATOS 15425 Los Gatos Boulevard 95032 424-19-067 13 6 7 7 Shortfall of Sites 1.09 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 33 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-3 LOS GATOS 15795 Los Gatos Boulevard 95032 529-15-059 7 4 4 4 Shortfall of Sites 0.64 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 19 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-4 LOS GATOS 16203 Los Gatos Boulevard 95032 529-16-069 9 5 5 5 Shortfall of Sites 0.79 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 24 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Conceptual Development Advisory C-5 LOS GATOS 16492 Los Gatos Boulevard 95032 532-07-086 0 0 0 2 Shortfall of Sites 0.23 Low Density Residen C-1 Low Density Residen C-1:HEOZ 10 20 2 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-6 LOS GATOS Los Gatos Boulevard 95032 532-07-085 0 0 0 4 Shortfall of Sites 0.38 Neighborhood Comm C-1 Neighborhood Comm C-1:HEOZ 10 20 4 Vacant Vacant YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-6 LOS GATOS 16151 Los Gatos Boulevard 95032 529-16-040 42 21 21 22 Shortfall of Sites 3.52 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 106 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-7 LOS GATOS 620 Blossom Hill Road 95032 529-16-041 31 16 16 16 Shortfall of Sites 2.64 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 79 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-8 LOS GATOS 15480 Los Gatos Boulevard 95032 424-14-034 7 3 3 4 Shortfall of Sites 0.56 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 17 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-9 LOS GATOS 15500 Los Gatos Bouelvard 95032 424-14-035 47 23 23 24 Shortfall of Sites 3.9 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 117 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub C-9 LOS GATOS 14859 Los Gatos Boulevard 95032 424-07-094 35 17 17 16 Shortfall of Sites 2.9 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 85 Non-Vacant Residential YES - Current Housing Element Overlay Zone Property Owner has been involved D-1 LOS GATOS 16392 Los Gatos Boulevard 95032 424-07-095 9 4 5 5 Shortfall of Sites 0.78 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 23 Non-Vacant Vacant YES - Current Housing Element Overlay Zone Property Owner has been involved D-1 LOS GATOS 16260 Burton Road 95032 424-07-053 5 2 3 2 Shortfall of Sites 0.44 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 12 Non-Vacant Residential YES - Current Housing Element Overlay Zone Property Owner has been involved D-1 LOS GATOS 16250 Burton Road 95032 424-07-009 5 2 3 2 Shortfall of Sites 0.44 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 12 Non-Vacant Residential YES - Current Housing Element Overlay Zone Property Owner has been involved D-1 LOS GATOS 14917 Los Gatos Boulevard 95032 424-07-081 45 22 22 22 Shortfall of Sites 3.74 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 111 Non-Vacant Residential YES - Current Housing Element Overlay Zone Property Owner has been involved D-1 LOS GATOS 14925 Los Gatos Boulevard 95032 424-07-115 73 36 36 33 Shortfall of Sites 6.07 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 178 Non-Vacant Residential YES - Current Housing Element Overlay Zone Property Owner has been involved D-1 LOS GATOS Los Gatos Boulevard 95032 424-07-116 12 6 6 7 Shortfall of Sites 1.02 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 31 Non-Vacant Vacant YES - Current Housing Element Overlay Zone Property Owner has been involved D-1 LOS GATOS 16245 Burton Road 95032 424-06-115 14 7 7 6 Unaccommodated Ne 1.17 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 34 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however, the parcel is located D-2 LOS GATOS Burton Road 95032 424-06-116 2 0 0 1 Unaccommodated Ne 0.11 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 3 Vacant Vacant YES - Current Housing Element Overlay Zone No; however, the parcel is located D-2 LOS GATOS 16240 Burton Road 95032 424-07-010 0 0 0 7 Unaccommodated Ne 0.26 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 7 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however, the parcel is located D-3 LOS GATOS 16270 Burton Road 95032 424-07-052 0 0 0 12 Unaccommodated Ne 0.43 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 12 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however, the parcel is located D-4 LOS GATOS 16210 Burton Road 95032 424-07-054 3 1 2 1 Unaccommodated Ne 0.26 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 7 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however, the parcel is located D-5 LOS GATOS 14831 Los Gatos Boulevard 95032 424-07-063 7 3 3 3 Unaccommodated Ne 0.56 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 16 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however, the parcel is located D-5 LOS GATOS 14849 Los Gatos Boulevard 95032 424-07-064 11 5 6 5 Shortfall of Sites 0.93 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 27 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however, the parcel is located D-6 LOS GATOS 14823 Los Gatos Boulevard 95032 424-07-065 0 0 0 10 Unaccommodated Ne 0.37 North Forty Specific P North Forty Specific P North Forty Specific P North Forty Specific P 30 40 10 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however, the parcel is located D-7 LOS GATOS 14800 Oka Road 95032 424-08-057 0 0 0 12 Unaccommodated Ne 2.97 Low Density Residen R-1:8 Low Density Residen R-1:8:HEOZ 0 5 12 Vacant Vacant YES - Current Housing Element Overlay Zone No; however the property owner h E-1 LOS GATOS Oka Lane 95032 424-08-029 0 0 0 1 Unaccommodated Ne 0.31 Low Density Residen R-1:8 Low Density Residen R-1:8:HEOZ 0 5 1 Vacant Vacant YES - Current Housing Element Overlay Zone No; however the property owner h E-1 LOS GATOS Oka Lane 95032 424-08-059 0 0 0 4 Unaccommodated Ne 1.01 Low Density Residen R-1:8 Low Density Residen R-1:8:HEOZ 0 5 4 Vacant Vacant YES - Current Housing Element Overlay Zone No; however the property owner h E-1 LOS GATOS Oka Lane 95032 424-08-060 0 0 0 5 Unaccommodated Ne 1.29 Low Density Residen R-1:8 Low Density Residen R-1:8:HEOZ 0 5 5 Vacant Vacant YES - Current Housing Element Overlay Zone No; however the property owner h E-1 LOS GATOS 14800 Oka Road 95032 424-08-058 0 0 0 5 Unaccommodated Ne 1.41 Low Density Residen R-1:8 Low Density Residen R-1:8:HEOZ 0 5 5 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however the property owner h E-1 LOS GATOS 16603 Lark Avenue 95032 424-08-017 0 0 0 34 Unaccommodated Ne 2.48 Medium Density Res R-M:5-12 Medium Density Res R-M:5-12:HEOZ 14 22 34 Non-Vacant Residential YES - Current Housing Element Overlay Zone No; however the property owner h E-1 LOS GATOS 14840 Oka Road 95032 424-08-021 0 0 0 60 Unaccommodated Ne 4.32 Medium Density Res R-M:5-12 Medium Density Res R-M:5-12:HEOZ 14 22 60 Vacant Vacant YES - Current Housing Element Overlay Zone No; however the property owner h E-1 LOS GATOS Oka Lane 95032 424-08-074 0 0 0 26 Unaccommodated Ne 6.41 Low Density Residen R-1:8 Low Density Residen R-1:8:HEOZ 0 5 26 Vacant Vacant YES - Current Housing Element Overlay Zone No; however the property owner h E-2 LOS GATOS Oka Road (Cal Trans ROW) 95032 37.256167, -121.9596 0 0 0 69 Unaccommodated Ne 4.9 Low Density Residen R-1:8 Medium Density Res R-M:HEOZ 14 22 69 Vacant Vacant YES - Current Housing Element Overlay Zone (HEOZ) implementation program E-3 LOS GATOS 110 Knowles Drive 95032 424-32-077 88 44 44 44 Shortfall of Sites 7.34 High Density Residen CM:AHOZ High Density Residen CM:HEOZ 30 40 220 Non-Vacant Commercial YES - Current Housing Element Overlay Zone No; however the site is located wit F-1 LOS GATOS 206 Knowles Drive 95032 424-32-076 29 14 14 15 Unaccommodated Ne 2.41 High Density Residen CM High Density Residen CM:HEOZ 30 40 72 Non-Vacant Commercial YES - Current Housing Element Overlay Zone No; however, the site is located im F-2 LOS GATOS 440 Los Gatos Almaden Road 95032 527-49-048 0 0 0 5 Shortfall of Sites 0.52 Neighborhood Comm C-1 Neighborhood Comm C-1:HEOZ 10 20 5 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub G-1 LOS GATOS 445 Leigh Avenue 95032 527-49-049 0 0 0 3 Shortfall of Sites 0.29 Neighborhood Comm C-1 Neighborhood Comm C-1:HEOZ 10 20 3 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub G-1 LOS GATOS 14000 Blossom Hill Road 95032 527-32-028 0 0 0 7 Shortfall of Sites 0.69 Neighborhood Comm C-1 Neighborhood Comm C-1:HEOZ 10 20 7 Non-Vacant Commercial YES - Current Housing Element Overlay Zone Property Owner Interest Form Sub H-1 LOS GATOS 401-409 Alberto Way 95032 529-23-018 0 4 4 52 Shortfall of Sites 2.19 Mixed Use Commerc CH Mixed Use Commerc CH:HEOZ 30 40 60 Vacant Vacant YES - Current Housing Element Overlay Zone (HE Property Owner Interest Form Sub I-1 1

Table C: Land Use, Table Starts in A2
Zoning Designation
From Table A, Column G
and Table B, Columns L and N (e.g.,
"R-1")
General Land Uses Allowed (e.g., "Low-density residential") R-1D Single-family dwelling, provided that there is not more than one principal residential structure on a lot, two-family dwelling, provided that there is not more than one principal residential structure on a lot, family daycare home, and residential care facility, small family home.

C-1
Retailing, including formula retail up to six thousand (6,000) square feet, Personal service businesses and service businesses necessary for the conduct of households, Office activities, Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer, Activities permitted in the LM zone which were approved on or before February 1, 1993, provided any change of use must be a conforming use in the C-1 zone, and Group classes, and single-family, two-family, and multi-family in a mixed-use project through a CUP.

C-2
Retailing, including formula retail up to six thousand square feet, Office activities subject to subsection (c), Limited manufacturing activities when a majority of sales are made, on site, to the ultimate consumer, Wholesaling without warehousing on the premises, Single-family and two-family uses, in conjunction with the other uses permitted in this section and multi-family in a mixed-use project through a CUP CH
Retailing, including formula retail up to six thousand square feet, Personal service businesses and service businesses necessary for the conduct of households, Office activities, Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer, Group classes, and singlefamily, two-family, and multi-family in a mixed-use project through a CUP CH:PD Hotel up to 300 rooms, a conference facility containing approximately 10,000 square feet, and an underground parking facility North Forty Specific Plan Retail, Restaurant, Personal Service, Office, Hotel, Townhomes, Rowhouses, Multi-Family, Condominiums, Live/Work Lofts, Park, Public Transpiration and Parking Facilities, Small Family Daycare, Alternating Use/Shared Parking, and Botanical Nursery R-1:8
Single-family dwelling, provided that there is not more than one principal residential structure on a lot, raising of trees, vegetables and horticultural specialties, but not including commercial greenhouses, retail nurseries, or storage of landscaping equipment, products or supplies for commercial uses, family daycare home, and residential care facility, small family home.

R-M:5-12 Single-family dwelling, two-family dwelling, family daycare home, residential care facility, small family home, multi-family dwelling, and a transitional Housing facility as defined by Health and Safety Code section 50675.2 CM
Activities involving controlled manufacturing, research and development, wholesaling, warehousing, and other light industrial uses, Sales to the ultimate consumer of articles manufactured on the premises to the customer's order, Professional and administrative offices, Emergency shelters as defined by Health and Safety Code section 50801
R-1D:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites C-1:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites C-2:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites CH:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites CH:PD:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites North Forty Specific Plan:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites R-1:8:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites R-M:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites R-M:5-12:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites CM:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites CM:HEOZ Housing Element Overlay Zone Implementation Program to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites

Public Comments I

APPENDIX

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-1
I.1 Public Comments
Public Comment Review Period
Pursuant to Assembly Bill (AB) 215, the Initial Public Review Draft Housing Element must undergo a draft review process subject to a 30-day public comment period, and if comments are received, an additional 10-day consideration and revision period prior to Housing and Community Development (HCD) submittal. For any subsequent revisions, the local government must post the draft revisions on its website and email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to HCD.

Government Code 65585(b)(1) indicates that the purpose of the public review process includes the following:
 Disclosing agency analysis;
 Discovering public concerns; and
 Incorporating public comments.

The following document outlines all public comments received during the public comment periods as well as responses and revisions to the Draft Housing Element prior to each submittal and resubmittal to HCD.

Public Comments on the October 2022 Initial Draft Housing Element As required by HCD, the Initial Public Review Draft Housing Element was posted on the Town website and the Housing Element Update website (EngageLosGatoshousing.com) for a 30-day public review period from August 29, 2022, to September 27, 2022, during which the Town received 11 written public comments. A Housing Element Advisory Board meeting was held via Zoom on September 15, 2022, to accept verbal public comment on the Initial Public Review Draft Housing Element. Three people provided verbal comments at that meeting.

Comment Response for the Initial Public Review Draft Housing Element This response to public comments for the Initial Public Review Draft Housing Element has been prepared to address comments received during the public comment period.

Written Comments
The following written comments were received during the 30-day public comment period:

1. Mary Pope-Handy, email dated August 29, 2022;

2. Phil Koen, email dated September 4, 2022;

3. Phil Koen, email dated September 4, 2022;

4. Phil Koen, email dated September 4, 2022;

5. William Walker, Engage Los Gatos website comment dated September 4, 2022;

6. Adam Mayer, email dated September 13, 2022;

7. Edward Morimoto, email dated September 15, 2022;

8. Phill Keon, emailed dated September 26, 2022;

9. Bill Ehlers, email dated September 26, 2022;

10. Don Capobres, email dated September 27, 2022; and

11. Keith Diggs, email dated September 27, 2022.

Verbal Comments
Verbal comments were received at a Housing Element Advisory Board meeting on September 15, 2022, from the following participants:

1. Mitch Vinciguerra;

2. Susan Burnett; and

3. Brian Handy.

HCD Draft Revised 2023-2031 Housing Element
I-2 Appendix I November September 2023
Written Draft Housing Element Comments
Written comments on the Draft Housing Element and responses to those comments are presented on the following pages.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-3
From: Mary Pope-Handy <[email protected]>
Sent: Monday, August 29, 2022 4:51 PM
To: Housing Element <[email protected]>
Subject: Comments on the LOS GATOS HOUSING ELEMENT
Hello Community Development Department,
Thank you for the time and hard work put into the Los Gatos Housing Element. We do need more housing, particularly affordable housing, in our town.

I'd like to suggest that in addition to adding residential units, we factor in the health impacts of various potential locations for housing. A number of the locations specified in the draft are up against busy streets or even freeways. These locations have health risks associated with them and it would be better if those areas were not homes.

The EPA has a publication on these health risks (please click on link to get the EPA report). Additional links:

Living near major roads linked to risk of dementia, Parkinson's, Alzheimer's and MS University of British Columbia- ScienceDaily. ScienceDaily, 23 January 2020.

Living near busy road stunts children's lung growth, study says - article in The Guardian (British publication), with links to the academic studies Kids living near major roads at higher risk of developmental delays - (American study) ScienceDaily.com April 9, 2019 Living Near Highways and Air Pollution - Lung.org by the American Lung Association. We do have other options for housing. For example, rather than putting townhomes at Blossom Hill and Harwood, but them at Harwood and Almond Blossom, where there's far less traffic. Right now there's a small, empty school sitting there that would be better as a few residences. The town could also incentivize putting two homes on one lot, or turning a house into a duplex, by providing tax breaks or other assistance.

It would also make sense to add housing over single story strip malls, particularly as they would be more set back from busy roads than a gas station would be. In real estate, the most important factor is always location.

We should not aspire to build homes in locations that are likely to have long term, negative consequences to the health of their occupants. If homes must be built in those locations, mitigation efforts should include robust air purifiers and sound buffers such as triple pane windows.

Sincerely,
Mary Pope-Handy
Town resident and Realtor
408-204-7673
Mary Pope-Handy
REALTOR®, ABR, AHWD, CIPS, CRS, SRES
408.204.7673 | Move2SiliconValley.com
LiveInLosGatos.com | PopeHandy.com
DRE 01153805
SanJoseRealEstateLosGatosHomes.com ValleyofHeartsDelight.com Comment Letter # 1

HCD Draft Revised 2023-2031 Housing Element
I-4 Appendix I November September 2023
Response to Comment #1
 Health risks of living near highways (high traffic sites) o Numerous factors were considered through the site selection process, including feedback received during the development of the 2040 General Plan, public discussion at HEAB meetings, and on June 7, 2022, the Town Council accepted the draft Site Inventory as recommended by the HEAB. The Site Inventory has since been modified based on the receiptval of a new Property Owner Interest Form and a request to be removed by a property owner.
o The International Building Code includes requirements that mitigate some effects of buildings in close proximity to highways, including maximum noise standards.  Implementing Senate Bill 9 (SB 9) and Accessory Dwelling Units (ADUs) as additional housing with incentives
o ADU’s and SB 9 projects are included in the Town’s Site Inventory to assist at achieving the Town’s RHNA plus HCD’s recommended 15 percent buffer.
o The following approaches were included within the Draft Housing Element to incentivize multiple homes on single-family residential lots:
 Policy HE-1.7: Infill Opportunities in Single-Family Neighborhoods;  Policy HE-2.6: Promote Accessory Dwelling Unit Construction;  Policy HE-6.5: Infill Opportunities in Single-Family Neighborhoods;  Implementation Program Q: Accessory Dwelling Units to waive building fees when an ADU is deed restricted for very low- and low-income households; and  Implementation Program AO: Educate Single-Family Property Owners Regarding In-Fill Housing Options.
 Consider school-owned property to be converted to housing o The Housing Element Advisory Board (HEAB) discussed and considered including a program to encourage public school-site conversions and chose not to include any school owned property as the Town does not have jurisdiction on public school property. o The subject site is a private school located on private property and has an active Conditional Use Permit for a private school use and is zoned for single-family residential uses. o Town staff has recently received an inquiry from a potential new tenant for the private school site, therefore the Town does not have justification to assume that the site would redevelop for housing within the next eight years.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-5
Comment Letter #2

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-7
C H A P T E R 5 | S I T E S I N V E N T O R Y A N D F U N D I N G R E S O U R C E S CITY OF SUNNYVALE 5-31 2023-2031 Housing Element
Table 5-8: City of Sunnyvale, 2023-2031 Housing Element, Lawrence Station Area Plan Site Number Assessor Parcel Number (APN) Address Size (Gross Acres) General Plan Land Use Designation Zoning Maximum Achievable Density 1 Realistic Density 2 Tier Redevelopment Likelihood Total Units LowerIncome Units ModerateIncome Units Above ModerateIncome Units Subject to AB 1397 by-right policy? Description of Existing Use/Status LSAP-1 20550024 1171 Sonora Ct 1.3 Transit Mixed Use MXDI/S 80 76 1 100% 99 59 15 25 Site includes existing office building. City provided funding for site purchase to support proposed future MidPen Housing affordable housing development. LSAP-2 21627068 1382-1388 Kifer Rd 3.56 Transit Mixed Use MXD-II 68 65 3 25% 57 34 9 14 Research and development building, built in 1999, City has received interest from brokers, residential redevelopment likely in 2nd half of planning period. LSAP-3 21627069 1400 Kifer Rd 6.34 Transit Mixed Use MXD-II 68 65 3 25% 102 61 15 26 Existing data center. City has received interest from brokers, residential redevelopment likely in 2nd half of planning period. LSAP-4 21627047 111 Uranium Dr 5.79 Transit Mixed Use MXD-II 68 65 3 25% 94 56 14 23 Existing data center. Built in 1970. Most recently sold in 2019. City has received interest from brokers, residential redevelopment likely in 2nd half of planning period. LSAP-5 21301002 1165 Reed Ave 0.96 Transit Mixed Use MXD-IV 45 43 1 100% 41 25 6 10 Yes Existing grocery store, restaurant, auto repair and print shop. Constructed from 1961-1972. All three parcels under same ownership. Property owner has expressed interest in mixed-use redevelopment. 21301003 1155 Reed Ave 1.54 Transit Mixed Use MXD-IV 45 43 1 100% 66 40 10 16 Yes 21301004 1164 Willow Ave 0.34 Transit Mixed Use MXD-IV 45 43 1 100% 15 9 2 4 Yes Site Total 2.84 122 74 18 30 LSAP-6 20550019 1175 Sonora Ct 1.31 Transit Mixed Use MXDI/S 80 76 2 25% 25 15 4 6 Existing office space for lease. Built in 1976. Potential for mixed- use development likely in 2nd half of planning period. LSAP-7 20550028 1135 Sonora Ct 1.47 Transit Mixed Use MXDI/S 80 76 1 100% 112 67 17 28 Existing office space. Built in 1977. Property owner expressed interest in mixed-use redevelopment. LSAP-8 21627037 1360 Kifer Rd 14.58 Transit Mixed Use MXD-I 80 76 3 25% 277 166 42 69 Existing industrial space and data center. Constructed in 1979. Fully leased. Property owner interested in residential conversion. This is a large site. The inventory assumes 60 percent lower-income, 15 percent moderate-income, and 25 percent above moderate-income development. TOTAL 37.2 888 532 134 221 1 Maximum achievable density includes density bonus points received through the LSAP incentive program but excludes density bonus points available through the City’s Green Building Program and the State density bonus. 2 Realistic densities are calculated at 95 percent of maximum achievable density. Source: Ascent, 2021.

Comment Letter #2 Attachment #1

HCD Draft Revised 2023-2031 Housing Element
I-8 Appendix I November September 2023
Comment Letter #2 Attachment #2

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-9 Page 1136
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-11 Page 1138
HCD Draft Revised 2023-2031 Housing Element
I-12 Appendix I November September 2023
Response to Comment #2
 Employment characteristics
o The employment characteristics (jobs-households ratio) have been corrected on pages B10 and B11. o Table D-2 has been deleted.
 RHNA data and Site Inventory
o The Town’s Site Inventory can be found in Appendix H and a summary of identified vacant/partially vacant and available sites, ADUs, SB 9 units, and pipeline projects to meet the Town’s RHNA plus 15 percent buffer can be found in Appendix D of the HCD Draft Initial Review Housing Element.  Site reuse from 5th Cycle Housing Element requirements o There are three sites that were previously used in the Town’s 5th Cycle Housing Element. Implementation Program AS has been added to the Draft Housing Element. This program states that the Town will rezone those sites to allow housing developments by right pursuant to Government Code section 65583.2(i) when 20 percent or more of the units are affordable to lower income households on the following sites as identified in Appendix H to accommodate the lower income RHNA that was previously identified in past housing elements: Parcel 424-08-074; Parcel 424-08-057; and Parcel 424-08-21.  Site Inventory, typical density for residential
o The Housing Element Sites Inventory Form located in Appendix H and the Overview of Selected Sites located in Appendix D have both been updated utilizing the typical density identified in 2040 General Plan Residential Buildout Table.
 Percentage of nonvacant sites for low-income housing to accommodate the RHNA o The Town is relying on non-vacant sites to accommodate 50 percent or more of the RHNA for lower income households. Property owner interest forms have been submitted on a majority of the non-vacant sites showing property owner interest in of residential redevelopment within the 6th cycle planning period.  Accessory Dwelling Unit incentive program
o On April 7, 2020, the Town Council adopted Ordinance 2307, amending the Zoning Code of the Town Code regarding ADUs to comply with State law. The Town has provisions in the Town Code that include an incentive program [Town Code, Section 29.10.320(a)] Incentive program. Any accessory dwelling unit developed under an Incentive Program which may be established by Resolution of the Town Council shall be made affordable to eligible applicants pursuant to the requirements of the Incentive Program. A deed restriction shall be recorded specifying that the accessory dwelling unit shall be offered at a reduced rent that is affordable to a lower income renter (less than eighty (80) percent AMI) provided that the unit is occupied by someone other than a member of the household occupying the primary dwelling. o The current incentive program is applicable to any accessory dwelling unit meeting the requirements of the Town’s ADU incentive program. The incentive program expands the eligibly to all units rather than just non-conforming residential lots over 10,000 square feet or in the Hillside Residential Zone on sites that are larger than five acres as described in Action HOU-1.2 of the 2015-2023 Housing Element.  Implementation Program, Housing Element Overlay Zone (HEOZ) o On June 30, 2022, the Town Council adopted the 2040 General Plan. As of September 27, 2022, the Land Use and Community Design Elements of the 2040 General Plan are suspended pending the results of a referendum. In the interim, the 2020 General Plan Land Use and Community Design Elements will govern during the suspension period. The Draft Housing Element includes Programs AQ and AR, requiring amendment of the Zoning Code and 2020 General Plan Land Use Element to include a Housing

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-13
Element Overlay Zone (HEOZ) to apply to the sites included in the Sites Inventory to modify the development standards on those sites as a more targeted use of increase in height and density included in the 2040 General Plan Land Use Element as needed to meet the Town’s RHNA and 15 percent buffer.

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I-14 Appendix I November September 2023
Comment Letter #3

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-15
Response to Comment #3
 Initial Public Draft of the Housing Element
o Assembly Bill 215 (AB 215) was signed by the Governor on September 28, 2021. AB 215 requires that a local government make the first draft version of the Housing Element available for public comment for at least 30 days and, if any comments are received, take at least 10 additional business days to consider and incorporate public comments into the draft Housing Element before submitting it to HCD. On August 29, 2022, the Town of Los Gatos released the Initial Public Review Draft of the 2023-2031 Housing Element for a 30-day public comment period which ran from August 29, 2022, to September 27, 2022.

HCD Draft Revised 2023-2031 Housing Element
I-16 Appendix I November September 2023
Comment Letter #4

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-17
Comment Letter #4 (Sender Revision)

HCD Draft Revised 2023-2031 Housing Element
I-18 Appendix I November September 2023
2 0 2 3 - 2 0 3 1 H O U S I N G Needs
Assessment
R e d w o o d C i t y G e n e r a l P l a n P a g e H 1 - 1 Needs Assessment
Population and Employment Trends
To best understand the types of housing that are needed to meet existing and future demand, Housing Element law requires that the Housing Element assess local population demographics and housing stock characteristics. Characteristics such as age, ethnicity, and employment influence the type and cost of housing needed or in high demand. Tracking changes in demographics can also help City leaders better respond to or anticipate changing housing demand. This section evaluates the various population characteristics that affect Redwood City’s housing needs.

Current Population and Population Growth
Between 2010 and 2020, as reported by the U.S. Census, the population of Redwood City grew by approximately 13 percent, from 76,815 to 86,754 residents. This growth rate was greater in Redwood City than San Mateo County as a whole (7.6 percent). The Association of Bay Area Governments (ABAG) forecasts continued population growth through 2040. From 2020 to 2045, ABAG estimates that the City’s population will grow by 20 percent, while countywide population is expected to increase by 18.5 percent (Table H1-1).

Table H1-1: Population Growth and Projected Growth
2010 2020 2040
% Change % Change
2010-2020 2020-2040
Redwood City 76,815 86,754 103,940 12.9% 19.8%
San Mateo County 718,451 773,244 916,590 7.6% 18.5%
Sources: Association of Bay Area Governments and Metropolitan Transportation Commission Housing Element Data Package and Projections 2040
In addition to population projections, several other demographic characteristics and trends define housing needs. Among these characteristics are age composition, racial and ethnic composition, and employment.

Age
Patterns indicate that different age groups have varying housing needs. As such, housing choice often correlates to the age of residents. Table H1-2 shows the age distribution of Redwood City residents. In 2019, the 25-44 year old age group constituted the largest age group at approximately 33 percent, followed by the 45-64 years old age group at 26 percent. Of note, certain segments of the population are increasing more rapidly than others, resulting in variations in total population make-up of the city. For example, the share of the population represented by seniors (65 years old and above) increased by two percentage points over the past 10 years, while the youth share of the population (0-14 age group) decreased by two percentage points.

Comment Letter #4 Attachment #1

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-19
Response to Comment #4
 Population projections
o The Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) has complied demographic, economic, and housing stock data required by HCD for each Bay Area jurisdiction. Each jurisdiction received a data packet that can be used in the Housing Needs section of the draft Housing Element. Population data sets and associated graphics were provided for year 1990 to 2020. The Town will contact ABAG/MTC to see if population data and updated graphics can be provided for the year 2040, but no additional data is available at this time.

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I-20 Appendix I November September 2023
Feedback on Town of Los Gatos 6th Cycle 2023-2031 Housing Element William Walker September 4, 2022
I will give feedback referenced by section.

10.1.1 California’s Housing Crisis
The document states that there is a housing crisis, but there is no reference to any peer-reviewed academic study demonstrating a crisis. Last time California had a housing crisis was 2007-2008, when housing prices plummeted due to sub-prime mortgages. Many families were bankrupted.

The second paragraph states that Santa Clara County is projected to add 169,450 jobs, but again there is no reference to where the projection originated. My understanding is that California lost population in the previous several years (https://www.macrotrends.net/states/california/population(External link)), and that Santa Clara county population has declined since 2020. Also some large companies such as Charles Schwab, Tesla, HP, Oracle have relocated their headquarters out of state. Moreover, the advent of work-at-home has resulted in workers relocating to lower cost states. So I am very skeptical that population will continue to increase as in the past.

In my opinion, historically low interest rates in the previous few years resulted in excessive housing demand. The real housing crisis is likely to be a repeat of 2007-2008, which we are already starting to see as increasing interest rates cause a recession and falling house prices. Adding more housing will make the crisis worse, as it did in 2007-2008.

I find the final paragraph is really puzzling. When I moved to Los Gatos in 1983, it was highly segregated, indeed many neighborhoods built before 1963 excluded racial minorities from home ownership. It is right to condemn those bad old days. But times have completely changed, my neighborhood, and Los Gatos as a whole is highly integrated now. There is no problem to solve here.

10.1.2 Same comments as the previous section, I am highly skeptical of the projected increase in households. The actual data from last year indicates California’s population is declining (https:// www.macrotrends.net/states/california/population(External link)).

At least here there is a reference to where the data came from, but I don’t believe the data.

10.1.3 Affirmatively Furthering Fair Housing
I don’t understand how California is supposed to enforce replacement of segregated living patterns with integrated living patterns. Will Cupertino be forced to kick out Chinese residents? It’s an unfortunate part of human nature that many people prefer to live in neighborhoods with their affinity groups. I’m not one of them, I like the melting pot and oppose multiculturalism, but I also believe in freedom of association. Based on the racial make-up of my neighborhood, I’m very skeptical of the statement that “racial segregation in Los Gatos increased between 2010 and 2020”. Los Gatos is a model community for racial integration.

Ironically, when I went to college at Cal in the 1970s, the student Co-op where I lived was completely integrated.

Now, if you visit the Berkeley Student Co-op website, you will find that many of the Co-op houses have “themes”, such as people-of-color, and LGBT, and students are encouraged to segregate themselves to live with their affinity groups. O brave new world, that has such people in it! Segregation has become fashionable again.

10.1.4 Overview of Planning and Legislative Efforts
I’m sorry my feedback to the general plan was not adopted by the Town Council. Most importantly, the vast expansion of housing adopted by the general plan flies in the face of sound city planning practice, and will result in environmental destruction and a deterioration of the quality of life in Los Gatos and throughout the bay area. An environmentally sensitive plan would have advocated to decrease the population of outlying suburbs with no access to public transportation, such as Los Gatos, and to increase the population density within 1km of mass transit hubs, such as Cal Train stations. This is how planning is done in Japan (where my wife and I have a second home). Most of the northeastern states, such as New York, historically have very low population densities once you leave the big cities, California was built out as a continuous suburb. We need to make California look Comment Letter #5

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-21
more like Japan or New York. The Los Gatos general plan doubles down on the environmentally unsustainable continuous suburb model.

I understand the California legislature has mandated certain housing policies, but the solution is to push back by banding together with other outlying suburbs and rural communities to fight environmentally destructive mandates.

Of course Los Gatos is segregated from other communities by income. Los Gatos is a luxury brand, with vacant lots running over $1 million. Forcing low income housing into Los Gatos is like asking Daimler Benz to build an economy car, their cost structure doesn’t allow it. Los Gatos land costs can’t sustain low cost housing. You don’t need to travel far from Los Gatos to get to areas with lower land prices, for example, Santa Clara, San Jose, Morgan Hill, Milpitas.

Finally, building high-density low-income housing in Los Gatos will violate the original covenants and restrictions on existing housing and degrade its value. I view the covenants and restrictions as a contract I signed onto when I bought my house. I don’t see any proposal in this document to compensate existing residents for degrading their property values. Again, the town needs to push back against legislative mandates that don’t make sense.

10.1.5 Public Participation
Public disclosure of new regulations by the Town Council is inadequate. Many residents do not subscribe to social media, do not read newspapers, shop at Safeway rather than at the farmer’s market, and avoid using the internet as much as possible. For instance, my neighbor bought a gas leaf blower one week before the town banned them. A proper form of disclosure is by USPS, every resident needs to receive a hard-copy in the mail.

But more importantly, when radical proposals that completely and irrevocably change the town’s character are proposed, the citizens of the town should be given an opportunity to vote.

This was not done with the 2040 General Plan.

10.2 Overview of Housing Need and Constraints
This section is largely repeating and expanding on what was already written in the previous section. My comments above apply.

10.2.6 Special Housing Needs
This section is mostly free of data, and what little data is presented lacks citations.

I’m a senior, but I question the section about senior household affordability. My understanding is that seniors are the wealthiest Americans (https://www.lexingtonlaw.com/blog/finance/average-net-worth-by(External link)- age.html). Seniors also benefit from Medicare, Social Security, Prop. 13 property tax reductions, and senior discounts.

The section on homelessness lacks data, and the reasons stated for homelessness are wrong. My understanding of the homeless crisis in California, as documented in Michael Shellenberger’s book San Fransicko, is that it is almost entirely a crisis of drug addiction and untreated mental illness. Organizations advocating personal liberty such as the ACLU, together with progressive prosecutors, have made it impossible to solve the homeless crisis.

Open borders have increased the supply of Fentanyl. And it is a real crisis: in San Francisco more people died of drug overdoses than Covid in the last two years.

10.4 Energy and Resource Conservation
Solar roof panels are not a means of reducing energy costs. Considering the maintenance and depreciation, I believe (I am an electrical engineer specializing in semiconductor physics) they generating very expensive power.

If the town really believes solar roof panels are a good investment, then the numbers should be presented in this document. Although I am an SVCE customer, and own an electric car I have not experienced any reduction of my power costs.

Indeed, California has some of the most expensive power in the US.

The figures touting 99% reduction in utility-related emissions by providing clean energy are patently false. When the energy required to manufacture solar panels is accounted for and amortized over their life, and recognition of the fact they are manufactured in China using high-carbon coal power, the numbers are nowhere near as good.

Moreover, solar power is not generated during the peak demand period between 4PM and 9PM. Back-up power

HCD Draft Revised 2023-2031 Housing Element
I-22 Appendix I November September 2023
capital equipment needs to be kept on-line, and that adds to the cost. Failure to do so has led to California’s current energy crisis, and caused my electric car to be charged with out-of-state coal power brought in to alleviate the crisis.

A better way and less expensive way to reduce power costs is to install a light colored roof, insulate your attic, and plant deciduous trees to shade your house. Fenestration should be minimized. I notice that most houses being remodeled these days are styled as retro mid-century modern with black roofs and huge windows, which is very bad from an energy efficiency standpoint.

California has shut down two of its three nuclear plants in the last few years, with Diablo Canyon scheduled to be taken off-line in 2024-2025. The result is an increase in the proportion of carbon- spewing power generation, and higher energy costs from renewables. According to Wikipedia, Diablo Canyon generates electricity at six cents per kW hour, one fourth of what I pay for so-called SVCE clean power. And nuclear generates power 24/7.

10.5 Goals, Policies, and Implementation Programs
Basically, I oppose almost all of the policy recommendation in this section. Here are my proposed replacement policies.

1. The town should advocate for the state to electrify CalTrain and eliminate all grade crossings. The money saved from killing the bullet train can be reallocated for this project. Once Caltrain is electrified, San Jose to San Francisco is a 30 minute commute (electric express trains without grade crossings can travel at 80 MPH).

California is way behind on electric commuter trains.

2. The town should recommend a 1km circle centered around each major CalTrain station be re-zoned for ultrahigh-density housing. The entire housing needs of San Mateo and Santa Clara county can be met for many years.

People can walk to train stations in five minutes, eliminating the need to expand freeways. Similar zoning changes would be beneficial for BART.

3. Towns and suburbs not served by mass transit hubs should be encouraged to down-size or remain stagnant to alleviate the burden on highways and reduce car-miles, exactly the opposite of what the town is currently advocating.

4. The town should request that Diablo Canyon not be closed. San Onofre nuclear power station decommissioning should be stopped immediately, and the power station should be rebuilt and brought back on line. Third-generation nuclear power stations should be built to replace windmills and photovoltaics, which are not viable sources of carbon-free power. Reasons for advocating this position can be found in Michael Shellenberger’s book Apocalypse Never.

5. The town recognizes that the VTA light rail system is a failure. It is slow, expense, unreliable, doesn’t stop near your office or home, and needs to be fixed or dismantled. Google buses are an alternative. The town should recommend to study how to get people to work without cars. Bicycles are not a good option.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-23
Response to Comment #5
The public comment includes multiple topics, including: projected housing; racial segregation; planning and legislative efforts; public participation; quality of data; energy conservation; and goals, policies, and programs.

However, most of the suggested changes are either: not within the Town’s authority; not consistent with the Town’s 2040 General Plan Vision and Guiding Principles; not aligned with the stated goals for Affirmatively Furthering Fair Housing (AFFH); or would not result in a greater likelihood of housing production for the next eight-year cycle. Therefore, no changes to the Draft Housing Element were included in response to these comments.

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I-24 Appendix I November September 2023
Comment Letter #6

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-25 Page 1152
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-27
Comment Letter #6 Attachment #1

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I-28 Appendix I November September 2023
Response to Comment #6
 Downtown site additions to Site Inventory
o The HEAB discussed this subject at a public meeting and collectively determined to continue moving forward with the Downtown sites in the Draft Site Inventory as recommended by the HEAB. o The bank sites located in the Downtown on Santa Cruz Avenue Areas, and referenced with this comment, were placed in the Town’s third tier of potential sites based on their gross lot area of less than half an acre and because the Town has not received any Property Owner Interest Forms for residential development on those sites.
 Recent changes to State laws
o The Town is committed to learning more about recent changes to State laws and how these may impact the Town zoning and contribute to opportunities for affordable housing construction and will incorporate them where appropriate.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-29
Comment Letter #7

HCD Draft Revised 2023-2031 Housing Element
I-64 Appendix I November September 2023
NovemberSeptember 2023 Appendix I I-30

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-31
Response to Comment #7
 Site Inventory, typical density
o The Housing Element Sites Inventory Form located in Appendix H and the Overview of Selected Sites located in Appendix D have been updated utilizing the typical density identified in 2040 General Plan Residential Buildout, rather than the maximum allowed density.  High number of affordable units assigned
o The Town acknowledges the property owner’s concern with the proposed estimated income distribution and capacity estimate for the sites. This is an estimate and has been modified in response to comments received.
 No net loss law
o The Town acknowledges that there is a concern by property owners that they will bear the required burden of the No Net Loss Law. However, per Government Code section 65863, the No Net Loss Law requires a jurisdiction to maintain a sufficient supply of adequate sites in its Housing Element at all times throughout the Housing Element planning period to meet a jurisdiction’s remaining unmet share of the RHNA for each income category. To comply with the No Net Loss Law, jurisdictions must ensure their actions do not create a shortfall of available sites. When making decisions regarding zoning and land use (e.g., downzoning) and/or when approving housing development projects, jurisdictions must assess the impacts those actions have on their ability to accommodate new housing on the remaining sites in their Housing Element Sites Inventories. If, at any time during the planning period, the jurisdiction finds that their remaining sites are insufficient to accommodate its remaining RHNA, the jurisdiction must take immediate action to correct the shortfall by amending its Housing Element Sites Inventory to increase capacity by either adding previously unidentified sites or rezoning remaining sites to correct for the shortfall. If a development is approved at a lower density or income distribution than what was assumed in the Sites Inventory of the Housing Element, No Net Loss Law requires a jurisdiction to make written findings and identify additional site capacity. The No Net Loss Law is not the responsibly of the property owner.

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I-32 Appendix I November September 2023
Comment Letter #8

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-33 Page 1160
HCD Draft Revised 2023-2031 Housing Element
I-34 Appendix I November September 2023
Response to Comment #8
 Production of below market rate housing units
o The Town recognizes the historic challenges of producing below market rate housing units within the Town. One of the primary purposes of this update of the Town of Los Gatos Housing Element is to increase production of below market rate housing. Goal HE-2: “Provide New Affordable Housing” is supported by 12 policies and numerous implementation programs.  Defining affordable housing
o The Town utilizes the Department of Housing and Community Development (HCD)’s definition of affordability housing thresholds through the income categories assigned through Town’s RHNA. HCD with input from the Association of Bay Area Governments (ABAG), and Metropolitan Transportation Commission (MTC), determined the total RHNA for the 2023-2031 period. On December 16, 2021, the ABAG Executive Board adopted the Final RHNA Plan: San Francisco Bay Area, 2023-2031. Los Gatos's allocation is 1,993 units, which is broken down by income category, as shown in the table below:

Income Group Number of Units
Very Low (0-50% AMI) 537
Low (50-80% AMI) 310
Moderate (80-120% AMI) 320
Above Moderate (120%+ AMI) 826
TOTAL = 1,993
*AMI is Area Median Income
 Accessory dwelling unit incentive program
o See response to Comment #2, Accessory Dwelling Unit Incentive Program.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-35
Comment Letter #9

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I-36 Appendix I November September 2023
Response to Comment #9
The recently adopted 2040 General Plan includes numerous goals, policies, and implementation programs to increase access to alternative transportation modes throughout Town. These comments do not raise an issue with the Draft Housing Element; therefore, no changes to the draft Housing Element are necessary.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-37
Comment #10

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-39
Response to Comment #10
 Site D-1, maximum allowable density and maximum number of housing units o Site D-1 has been updated to reflect a maximum of 461 units at a minimum density of 30 dwelling units per acre (Appendix D and Appendix H). Implementation Program D includes amending the North Forty Specific Plan to increase the maximum allowable density from 20 dwelling units per acre to 30 dwelling units per acre and increase the total number of dwelling units allowed in the Specific Plan (Sites D-1, D-2, D-3, D-4, D-5, D-6 and D-7) as discussed in the update process for the 2040 General Plan.  Meeting affordability requirements
o The distribution of affordability levels in the Site Inventory is an estimate prepared based on a combination of factors including lot size; vacancy; property owner interest; minimum and maximum density; and other development regulations. The Site Inventory includes a 15 percent buffer to allow flexibility in consideration of development proposals without triggering the No Net Loss provisions of State law. In addition, please see Response to Comment #7, No Net Loss Law.

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I-40 Appendix I November September 2023
Comment Letter #11

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-41 Page 1168
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I-42 Appendix I November September 2023
Response to Comment #11
 Replacement of Affordable Housing Overlay Zone (AHOZ) with the Housing Element Overlay Zone (HEOZ) with increased density
o The AHOZ Overlay Zone has been replaced with the HEOZ Overlay Zone, which provides increased density for residential and residential mixed-use development.  Enable SB-9 projects in excess of minimum State standards o The Town is currently in process to update their SB 9 regulations to implement as a permanent ordinance with clear standards and processes which comply with State law and include provisions in excess of the minimum required, for example, allowing an additional 10 percent FAR for use by the first primary housing unit developed through a Two Unit Housing Development application to encourage these additional housing units.
 Reduce permit process time
o The Draft Housing Element includes:,
 Policy HE-3.1 Regulatory Incentives for Affordable Housing: Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance. Continue expediting the permit processing system for affordable residential development applications and proactively seek out new models and approaches in the provision of affordable housing.  Policy HE-3.3 Efficient Development Processing: Explore continued improvements to the entitlement process to streamline and coordinate the processing of permits, design review, and environmental clearance.
 Implementation Program F: Update Permit Software System to better monitor average processing times for ministerial and discretionary development permits. Use data to set baselines timelines to drive improvements. Update the Town planning and zoning regulations and remove permit processing constraints as appropriate.
 Implementation Program K: Lot Consolidation: The Town will conduct outreach to property owners in these areas to identify meaningful incentives to facilitate lot consolidation, lot assemblage and redevelopment in mixed- use and commercial areas. Based on this feedback, within two years of Housing Element adoption, the Town will consider the development of a Lot Consolidation Ordinance to include specific incentives such as: flexible development standards such as reduced setbacks, increased lot coverage, increased heights, reduced parking, and reduced fees. Streamlined permit processing through administrative staff review. Upon adoption of the Ordinance, the Town will work with property owners that are receptive to lot consolidation/lot assemblage to assist them in facilitating the parcel merge process in a streamlined and timely manner.  Implementation Program AP: Special Needs Housing: Prioritize special needs housing by allowing for reduced processing times and streamlined procedures for applicable zoning/land use applications.

Include preferential handling of special needs populations in management plans and regulatory agreements of funded projects.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-43
 Verbal Draft Housing Element Comments
 Verbal comments were received on the Draft Housing Element at a HEAB meeting held on Thursday, September 15, 2022, via Zoom. The verbal comments and responses to those comments are presented below.
 Verbal Comment #1 Mitch Vinciguerra
 The speaker stated three standards that should be included in the Housing Element including: labor standards; healthcare standards; and apprenticeship program standards. The speaker suggested labor standards be implemented to ensure developers are paying area standard wages so skilled workers can afford to live in the local community. Additionally, the speaker emphasizes the value of local hiring to ensure money generated by new developments stay in the community in the form of sales and property tax revenue.

Secondly, the speaker touched on workers’ reliance on emergency rooms resulting in taxing an overburdened system. Lastly, the speaker suggested the use of apprentice programs to assist individuals in obtaining employment at no cost to taxpayers.
 Response to Verbal Comment #1
 Many of these topics are part of State laws recently enacted or currently under consideration. The Town will comply with State law. These comments do not raise an issue with the Draft Housing Element; therefore, no changes to the Draft Housing Element are necessary.
 Verbal Comment #2 Susan Burnett
 The speaker stated concerns regarding the number of proposed units for the Downtown Area and existing congestion. The speaker noted that an increase of housing units is likely to result in exacerbated parking, traffic, and overall density challenges in an already small, congested area.  Response to Verbal Comment #2
 The Housing Element Advisory Board (HEAB) discussed this subject at a public meeting and collectively determined to continue moving forward with including these sites on the Site Inventory List as accepted by Town Council.
 Verbal Comment #3 Brian Handy
 The speaker stated two concerns including: potential health impacts associated with the proximity of proposed housing sites to major roadways; and the privacy and protection of backyards for multi-story buildings.
 Responses to Verbal Comment #3
 While there are trade-offs for housing opportunity locations, several factors have been considered through the site selection process, including locations that have existing infrastructure and access to services, even though those locations are often near major roadways. On June 7, 2022, the Town Council accepted the draft Site Inventory as recommended by the HEAB. The Site Inventory has since been modified based on the receipt of a new Property Owner Interest Form and a request to be removed by a property owner. The International Building Code includes some requirements that mitigate effects of buildings in close proximity to highways, including maximum noise standards. Objective Design and Development Standards can be a tool for local communities to affect future land-use compatibility in the built environment, and the Town is currently in the process of developing Objective Standards for multi-family and mixed-use developments which includes standards related to privacy.

HCD Draft Revised 2023-2031 Housing Element
I-44 Appendix I November September 2023
 Modifications to the Draft Housing Element in Response to Public Comments  Pursuant to AB215, following the 30-day public comment period, the public comments received by the Town were considered during the 10-day consideration and revision period prior to the Housing and Community Development (HCD) submittal for first comments.
 The following modifications were made to the Town’s Draft Housing Element in response to public comments:
 Added Implementation Program AS – Provide Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified in the 5th Cycle Housing Element;  Revised the housing density for the Sites Inventory to be consistent with the typical density identified in the 2040 General Plan Residential Buildout;
 Increased the density within the North Forty Specific Plan area to align with the related Implementation Program D;
 Increased the density for residential and mixed-use residential developments through the creation of the Housing Element Overlay Zone (HEOZ) as described in Implementation Program AQ and AR; and  Corrected employment characteristics.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-45
Public Comments on the 2023-2031 Housing Element Adopted on January 30, 2023 On January 30, 2023, the Los Gatos Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory. The Adopted 2023-2031 Housing Element was posted showing modifications from the October 2022 Initial Draft Housing Element to the Town’s Housing Element website (EngageLosGatoshousing.com). Notification was provided to all individuals and organizations that previously requested notices, as well as all parties on the Town’s notification list, including those who have previously commented on the Draft Housing Element for the seven-day public review period. The public review period was from February 3, 2023, to February 10, 2023, seven days prior to submittal of the adopted Housing Element to HCD for review consistent with AB 215 requirements, during which the Town received four written public comments.

Comment Response for the 2023-2031 Adopted Housing Element This response to public comments for the Adopted 2023-2031 Housing Element has been prepared to address comments received during the seven-day public review period.

Written Comments
The following written comments were received during the seven-day public review period:

1. Linda Swenberg, email dated February 3, 2023;

2. Jeffrey Barnett, email dated February 3, 2023;

3. Eric S. Phillips on behalf of Burke, Williams, and Sorensen, LLP, email dated February 10, 2023; and

4. Jak Van Nada on Behalf of the Los Gatos Community Alliance, email dated February 10, 2023.

Written Draft Housing Element Comments
Written comments on the Adopted 2023-2031 Housing Element and responses to those comments are presented on the following pages.

HCD Draft Revised 2023-2031 Housing Element
I-46 Appendix I November September 2023
Comment Letter #1

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-47
Response to Comment #1
 Fair housing inquires based on race
o The error was corrected.

HCD Draft Revised 2023-2031 Housing Element
I-48 Appendix I November September 2023
Comment Letter #2

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-49
Comment Letter #2 - Attachment

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-51 Page 1178
HCD Draft Revised 2023-2031 Housing Element
I-52 Appendix I November September 2023
Response to Comment #2
 Expand List of Classes Protected by Discrimination
o Policy HE-6.1 was modified to include an expanded list of classes protected against discrimination.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-53
Comment Letter #3

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-55 Page 1182
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-57
Response to Comment #3
 Governmental constraints - story poles
o Added Story Poles discussion under the government constrains section of Appendix C. Story poles are a balance of both governmental constraints and a benefit to the community. Program AW was added to review the Story Pole and Netting Policy and explore options for residential or mixed-use projects with affordable housing to reduce the associated costs of installing story poles. The program’s objective is to consider reducing the cost of development by modifying story pole requirements for affordable housing projects.
 Governmental constraints - development impact fees and program exactions o Added discussion in Appendix C, Governmental Constraints, regarding TDM Program Fees, VMT Impact Fees, and Transportation Impact Fees.

HCD Draft Revised 2023-2031 Housing Element
I-58 Appendix I November September 2023
Comment Letter #4

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-59 Page 1186
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-61 Page 1188
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-63 Page 1190
HCD Draft Revised 2023-2031 Housing Element
I-64 Appendix I November September 2023
Response to Comment #4
 Planning Commission to provide reasonable standard of objective review of the Draft Housing Element
o On January 11, 2023, the Planning Commission made a recommendation to the Town Council to adopt the Draft 2023-2031 Housing Element with the revised Sites Inventory Analysis and revised Sites Inventory Form. No modifications to the Housing Element are required in response to this comment.  Table 10-3 to be updated and additional information added o Updated Table 10-3, Summary of Vacant and Underutilized Housing Sites.  Substantial development constraints for North 40 sites D1 – D7 o Program D amends the North Forty Specific Plan to increase the maximum allowable density from 20 dwelling units per acre to 40 dwelling units per acre and increase the total number of dwelling units allowed in the Specific Plan.
o Added new section “Appropriate Density/Default Density” in Appendix D, starting on page D-2 describes the development trends of in residential development in the Town and nearby jurisdictions, capacity information on non-vacant and commercial sites, and examples of residential development that occurred in non-residentially zoned parcels in the Town.
o Added new text to Appendix C, Governmental Constraints or Non-Governmental Constraints to Housing Development.
o Updated achievements and effectiveness of the 5th Cycle Housing Element Programs was added in Appendix E.
 Total units and low-income units not adequately analyzed and need adjustment to reflect realistic development for site D-1
o The distribution of units per income level is implemented consistent with State law for sites with a density of 30 or more dwelling units per acre.
 Sites D2-D7 have no evidence of redevelopment for the 6th cycle o A new section providing examples of affordable and market-rate residential developments that have occurred on sites that were less than half an acre (small sites) will be added. o Program K, Lot Consolidation, facilitates outreach to property owners to identify meaningful incentives to facilitate lot consolidation, lot assemblage and redevelopment in mixed use and commercial areas.

Based on this feedback, within two years of Housing Element adoption, the Town will consider the development of a Lot Consolidation Ordinance to include specific incentives such as: flexible development standards such as reduced setbacks, increased lot coverage, increased heights, reduced parking, reduced fees, and streamlined permit processing through administrative staff review. Upon adoption of the Ordinance, the Town will work with property owners that are receptive to lot consolidation/lot assemblage to assist them in facilitating the parcel merge process in a streamlined and timely manner.
 Non-vacant sites accommodate 98% of lower income units and no evidence is provided that existing uses will is continue during the 6th cycle
o Added new section “Appropriate Density/Default Density” in Appendix D, describing development trends in residential development in the Town and nearby jurisdictions, details of the questions provided on the Town’s Property Owner Interest Forms in relation to HCD’s Sites Inventory Guidebook, and provides construction age of most commercial buildings within the Sites Inventory.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-65
Modifications to the 2023-2031 Adopted Housing Element in Response to Public Comments
Pursuant to AB215, following the seven-day public comment period, the public comments received by the Town were considered prior to the Housing and Community Development (HCD) submittal for second comments.

The following modifications were made to the 2023-2031 Adopted Housing Element in response to public comments:
 The summary describing the types of Fair Housing Inquires for bias was updated in Chapter 10.  Policy HE-6.1 was modified to include an expanded list of classes protected against discrimination.  Added Story Poles discussion under the government constraints section of Appendix C. Program AW was added to review the Story Poles and Netting Policy and explore options for residential or mixed-use projects with affordable housing to reduce the associated costs of installing story poles.  Added discussion in Appendix C, Governmental Constraints, regarding TDM Program Fees, VMT Impact Fees, and Transportation Impact Fees.
 Updated Table 10-3, Summary of Vacant and Underutilized Housing Sites.  Added new section “Appropriate Density/Default Density” in Appendix D, starting on page D-2 describes the development trends of in residential development in the Town and nearby jurisdictions, capacity information on non-vacant and commercial sites, and examples of residential development that occurred in nonresidentially zoned parcels in the Town.  Added new text to Appendix C, Governmental Constraints or Non-Governmental Constraints to Housing Development.
 Updated achievements and effectiveness of the 5th Cycle Housing Element Programs was added in Appendix E.
 Added new section providing examples of affordable and market-rate residential developments that have occurred on site that were less than half an acre (small sites),  Added new section “Appropriate Density/Default Density” in Appendix D, describing development trends in residential development in the Town and nearby jurisdictions, details of the questions provided on the Town’s Property Owner Interest Forms in relation to HCD’s Sites Inventory Guidebook, and provides construction age of most commercial buildings within the Sites Inventory.

HCD Draft Revised 2023-2031 Housing Element
I-66 Appendix I November September 2023
Public Comments on the March 2023, Draft Revised 2023-2031 Housing Element On January 30, 2023, the Los Gatos Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, making the finding that it is in substantial compliance with State law. On February 13, 2023, the Town submitted the adopted 2023-2031 Housing Element to HCD for review and comment. As described in the February 13, 2023, letter to HCD, the Town modified Appendix D (Sites Inventory Analysis), and Appendix H (Sites Inventory Form), to assume development at a minimum density. The letter described that the Town was in process of addressing the remaining comments found in the January 12, 2023, HCD Findings/Comment Letter and would be resubmitting a revised Housing Element after the revisions have been completed.

The Draft Revised 2023-2031 Housing Element was posted showing modifications to the Adopted 2023-2031 Housing Element to the Town’s Housing Element website (EngageLosGatoshousing.com). Notification was provided to all individuals and organizations that previously requested notices, as well as all parties on the Town’s notification list, including those who have previously commented on the Draft Revised 2023-2031 Housing Element for the seven-day public review period. The public review period was from March 23, 2023, to March 30, 2023, seven days prior to submittal of the adopted Housing Element to HCD for review consistent with AB 215 requirements, during which the Town received one written public comment.

Comment Response for the Draft Revised 2023-2031 Housing Element This response to public comments for the Draft Revised 2023-2031 Housing Element has been prepared to address comments received during the seven-day public review period.

Written Comments
The following written comment was received during the seven-day public review period:

1. Phil Koen, email dated March 30, 2023.

Written Draft Housing Element Comments
The written comment provided on the Draft Revised 2023-2031 Housing Element and the response to the comment is presented on the following pages.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-67
Comment Letter #1

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-69 Page 1196
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-71 Page 1198
HCD Draft Revised 2023-2031 Housing Element
I-72 Appendix I November September 2023
Response to Comment #1
 Provide clarification regarding modification of adopted housing element o The Town’s Housing Element website and the staff report was updated to clarify that the document being considered is a proposed amendment to the Town’s Adopted Housing Element.  Why is the adopted housing element being amended?
o On February 13, 2023, the Town submitted the adopted 2023-2031 Housing Element to HCD. A cover letter was included in the submittal describing that the Town was in the process of addressing all the remaining comments found in the HCD findings/comment letter and would be resubmitting a Draft Revised Housing Element after all the revisions addressing the January 12, 2023, HCD findings/comment letter were completed.
o On February 16, 2023, the Housing Element Advisory Board met to review and discuss the HCD findings/comment letter, and how the comments and findings would be addressed. o On March 16, 2023, the Housing Element Advisory Board reviewed the Draft Revised 2023-2031 Housing Element which included modifications to the Town Council adopted 2023-2031 Housing Element in response to the January 12, 2023, HCD comments.

Modifications to the Draft Revised 2023-2031 Housing Element in Response to Public Comments
Pursuant to AB215, following the seven-day public comment period, the public comments received by the Town were considered prior to the Housing and Community Development (HCD) submittal for second comments.

The following modifications were made to the Draft Revised 2023-2031 Housing Element in response to public comments:
o The Town’s Housing Element website and the staff report was updated to clarify that the document being considered is a proposed amendment to the Town’s Adopted Housing Element.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-73
Public Comment Received on August 22, 2023, Regarding the Los Gatos 2023-2031 Housing Element
On August 22, 2023, the Town received the following email and attachments from Matthew D. Francois on behalf of the Los Gatos Community Alliance. HCD was copied on the email and attachments. The attached letter suggests that the Town needs to expand the sites inventory as preliminary applications for SB 330 have been submitted with less low-income housing than is anticipated in the Draft Revised Housing Element.

Written Draft Housing Element Comments
The written comment provided on the Draft Revised 2023-2031 Housing Element and the response to the comment is presented on the following pages.

HCD Draft Revised 2023-2031 Housing Element
I-74 Appendix I November September 2023
Comment Letter #1

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-75 Page 1202
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-77 Page 1204
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-79 Page 1206
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-81 Page 1208
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-83 Page 1210
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-85 Page 1212
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-87 Page 1214
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-89 Page 1216
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-91 Page 1218
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-93 Page 1220
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-95 Page 1222
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-97 Page 1224
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-99 Page 1226
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-101 Page 1228
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-103 Page 1230
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-105 Page 1232
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-107 Page 1234
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-109 Page 1236
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-111 Page 1238
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-113 Page 1240
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-115
Response to Comment #1
 SB 330 Preliminary Applications
o The SB 330 preliminary applications have not been included in the Sites Inventory as they are preliminary and not formal applications and they have not been approved. In the event that formal planning applications are approved that create a shortfall of units in the Town’s Sites Inventory, the Town will need to comply with the State’s “no net loss” provisions. The State “no net loss” law requires that, if and when a project is approved below the density described in the Town’s Housing Element, the Town must rezone sufficient sites to make up the shortfall within six months of project approval. In other words, the “no net loss” provisions kick in upon project approval. The Town intends to comply with the “no net loss” provisions if a project approval results in a shortfall.

HCD Draft Revised 2023-2031 Housing Element
I-116 Appendix I November September 2023
Public Comment Received on July 31, 2023, Regarding Story Pole Policy Modifications On July 31, 2023, the Town received the following email and attachment from Eric S. Phillips, Partner with Burke, Williams and Sorensen, LLP, representing Grosvenor USA Limited, regarding the Town Council’s consideration of the Town’s Story Pole Policy Modification scheduled for the August 1, 2023, Town Council meeting. HCD was copied on the email and attachments. The attached email describes that Grosvenor USA Limited is the developer for the proposed North Forty Phase II residential development and has interest in the outcome of the Town’s proposed story policy modifications and suggestions.

Written Draft Housing Element Comments
The written comment regarding the story pole policy modification and the response to the comment is presented on the following pages.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-117
Comment Letter #1

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-119 Page 1246
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-121 Page 1248
HCD Draft Revised 2023-2031 Housing Element
I-122 Appendix I November September 2023
Response to Comment #1
 Regarding Story Pole and Netting Policy Modifications o The Housing Element includes a discussion on the Town’s Story Pole and Netting Policy in the government constrains section of Appendix C. Story poles are a balance of both governmental constraints and a benefit to the community. Program AW’s objective is to update the Story Pole and Netting Policy and create options for residential or mixed-use projects with affordable housing to reduce the associated costs of installing story poles. Modifications already approved by Town Council on August 1, 2023, include: use of flag rope instead of netting; reduce story pole requirements for multi-building projects to just represent perimeter of site and tallest buildings; and removal of story pole requirements for projects with 30 percent Below Market Rate housing or 20 percent Low Income or Very Low Income housing. Additional modifications to further reduce impacts of the story pole policy are scheduled for review by the Town Council on December 5, 2023.

Modifications to the 2023-2031 Adopted Housing Element in Response to Public Comments
The following modifications were made to the 2023-2031 Adopted Housing Element in response to public comments:
 Program AW was updated, as described above, to reflect Town Council’s approved modifications to the Story Pole and Netting Policy.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-123
Public Comments on the September 2023, Draft Revised 2023-2031 Housing Element Pursuant to Government Code 65585(b)(1), the Town has posted the modifications to the Town’s Housing Element website and provided notification to all individuals and organizations that previously requested notices, as well as all parties on the Town’s notification list, including those who have previously commented on the Housing Element. The Draft Revised Housing Element was posted September 22, 2023, through September 29, 2023, seven days prior to the October 2, 2023, submittal of the Draft Revised Housing Element to HCD for review.

During the public comment period the Town received eight written comments.

Comment Response for the September 2023, Draft Revised 2023-2031 Housing Element This response to public comments for the September 2023 Draft Revised 2023-2031 Housing Element has been prepared to address comments received during the seven-day public review period.

Written Comments
The following written comment was received during the seven-day public review period:

1. Lee Qunitana, email dated September 29, 2023;

2. Phil Koen, email dated September 29, 2023 (4:08 p.m.);

3. Phil Koen, email dated September 29, 2023 (1:45 p.m.);

4. Anne Paulson, email dated September 29, 2023;

5. Phil Koen, email dated September 28, 2023;

6. Judy L, email dated September 27, 2023;

7. Steve Piasecki, email dated September 27, 2023; and

8. Jak Van Nada, email dated August 26, 2023.

Written Draft Housing Element Comments
The written comments provided on the September 2023 Draft Revised 2023-2031 Housing Element and the response to comments is presented on the following pages.

HCD Draft Revised 2023-2031 Housing Element
I-124 Appendix I November September 2023
Comment Letter #1

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-125 Page 1252
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-127
Response to Comment #1
 Formatting
 Acknowledges public comment on suggested document format changes.  Edits and Clarifications
 The density for RD has been added to Table C-1. Appendix C. The density is 5-12 dwelling units per acre (2020 General Plan Land Use Category - Medium Density Residential).  The number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified to remove units that were reported to the California Department of Finance.
 Programs AD, AP, and AQ, describe the required Zoning Code amends to comply with State law.

HCD Draft Revised 2023-2031 Housing Element
I-128 Appendix I November September 2023
Comment Letter #2

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-129 Page 1256
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-131 Page 1258
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-133 Page 1260
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-135 Page 1262
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-137 Page 1264
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-139 Page 1266
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-141 Page 1268
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-143 Page 1270
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-145 Page 1272
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-147 Page 1274
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-149 Page 1276
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-151 Page 1278
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-153 Page 1280
HCD Draft Revised 2023-2031 Housing Element
I-154 Appendix I November September 2023
Response to Comment #2
Clarification on 5th cycle Units Carried over to 6th cycle:
 After further clarification from HCD the number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified to remove units that were reported to the California Department of Finance.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-155
Comment Letter #3

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-157 Page 1284
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-159 Page 1286
HCD Draft Revised 2023-2031 Housing Element
I-160 Appendix I November September 2023
Response to Comment #3
Clarification on 5th cycle Units Carried over to 6th cycle:
 After further clarification from HCD the number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified in yellow highlight to remove units that were reported to the California Department of Finance.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-161
Comment Letter #4

HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-163 Page 1290
HCD Draft Revised 2023-2031 Housing Element

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-165
Response to Comment #4
 Programs
o The Housing Element now includes a matrix with actions to ensure the Town’s Housing Element goals affirmatively further fair housing. This matrix includes specific actions, geographic targeting, timelines, and eight-year metrics that aim to address fair housing concerns including fair housing outreach and enforcement, housing mobility, place-based strategies for neighborhood improvement, new housing opportunities in high resource areas, and tenant protection and anti-displacement.
o Program E – The program’s objective is to pursue opportunities to work with an affordable housing developer to construct affordable housing on two of the Town owned properties. The number of affordable units has been increased.
o Program G – The program’s objective is to increase the floor area ratio to promote higher density housing development. A preliminary study will be completed by December 2024 to achieve this objective.
o Program J – The program’s objective is to increase the number of low-rise multi-family developments from the previous year. The number of units has been increased. o Program O – Additional objectives are now included, including a reduction in development impact fees and an increase in the total number of affordable housing units. o Program R – The program amends the Density Bonus Ordinance per State law by December 2024 and will recommend changes to increase the number of units constructed. o Program T – The program commits annually meeting with nonprofit groups on an annual basis to discuss constraints to development and develop strategies and actions for affordable housing development, especially meeting affordable housing needs for extremely low-income households and developing incentives for affordable housing. o Program Y – The program describes the Town’s commitment to continue to provide funding to WVCS for homeless persons services.
o Program Z – The program is to study and implement recommendations with regard to the Town’s Rental Dispute Mediation and Arbitration Ordinance 2128 to help further stabilize rents for long-term residents. The study will be completed by January 2025 and implemented into the Town Code by June 2025.
o Program AA – The program commits to initiate a study to determine specific updates for the Municipal Code to address reduction in parking requirements including: align parking requirements with the preparation of the Objective Design Standards; reduce parking requirements near transit, remove guest parking requirements; and allow parking to unbundled from residential units. The study is to be completed by January 2025 and implemented into the Town Code by June 2025.
 Program AQ – The rezonings and creation of the Housing Element Overlay Zone (HEOZ) has been recommended by Planning Commission and introduced by Town Council on November 7, 2023.

The rezoning is scheduled to be adopted by Town Council on November 21, 2023.  Program AV, Senate Bill 9 Monitoring - The inclusion of Senate Bill 9 units in the Housing Element towards meeting the Town’s RHNA was removed from the Draft Revised Housing Element (November 2023).
 BMP Housing Program In-Lieu Fees
o The Below Market Price Housing Program In-Lieu fees are allocated as directed by Town Council through the Town’s annual Strategic Priorities. Every year the Town Council identifies their Strategic Priorities as an initial step in the budget development process. The Town Council has made affordable housing partnerships a 2023-2025 Strategic Priority.

HCD Draft Revised 2023-2031 Housing Element
I-166 Appendix I November September 2023
 Affirmatively Furthering Fair Housing
o AFFH – Goals to affirmatively further fair housing have been strengthened through specific actions, geographic targeting, and eight-year metrics outlined in a new implementation table.

The Town has outlined place-based strategies for neighborhood improvement with geographic targeting to ensure areas with additional need, including areas with proposed lower income RHNA units, are adequately served.
 Sites Inventory Locations
o The sites within the Sites Inventory were based on property owner interest to develop residential within the planning period. The sites in the Sites Inventory do not saturate one specific set of income category in a specific location, rather they are spread throughout the Town. The sites in the Sites Inventory are spread throughout Town and were selected for their proximity to Town services and amenities, such as parks, high quality schools, shopping, and local Valley Transportation Authority bus transit that links to regional light rail transit.  Minimum Lot Size for Single Family
o The Town’s minimum residential lot size is 5,000 square feet in the R-1D zone. o SB 9 allows for a minimum residential lot size of 1,200 square feet.  Duplexes/Two-Family Dwellings
o Two family dwelling units are permitted in the R-1D , R-D, and R-M zones. o ADUs and Junior ADUs are permitted in the RC, HR, R-1, R-1D, R-D, R-M zones in conjunction with a single-family home, resulting up to three units per parcel. o SB 9 is allowed on a legal parcel located within a single-family residential zone (R-1 or SingleFamily Residential Zone; R-1D or Single-Family Residential Downtown Zone; HR or Hillside Residential Zone), excluding historic properties, hazardous waste sites, sites withing earthquake fault zones, flood zone, natural habitat, prime farmland, and wetlands. SB 9 allows up to four units per parcel.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-167
Comment Letter #5

HCD Draft Revised 2023-2031 Housing Element

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I-224 Appendix I November September 2023
Response to Comment #5
 SB 330 Applications
o The Town has received direction from HCD that No Net Loss law is only applicable once a project has been approved. The preliminary and formal SB 330 applications that the Town has received have not been approved.
 Clarification on 5th cycle Units Carried over to 6th cycle:
o After further clarification from HCD the number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified in yellow highlight to remove units that were reported to the California Department of Finance.  ADU Income Distribution
o ADU income distribution is based guidance provided in the “Using ADU’s to Satisfy RHNA” Technical Memo provided by the Association of Bay Area Governments.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-225
Comment Letter #6
Response to Comment #6
 Building Height
o The Alberto site is located in the Town’s Sites Inventory and was rezoned with a Housing Element Overlay Zone (HEOZ). The HEOZ overlay in a CH allows for a 45-foot-tall building height to encourage residential development. The property owner has applied for a formal SB 330 application which proposes an approximately 50-foot tall building. Under State law the applicant has asked for a waiver for height.

The application is pending.
 Alternative Site
o The two sites located north of the 15600 Los Gatos Boulevard property are in the Housing Element’s Site’s Inventory as Site C-9 (15480 Los Gatos Boulevard and 15550 Los Gatos Boulevard).

HCD Draft Revised 2023-2031 Housing Element
I-226 Appendix I November September 2023
Comment Letter #7
Response to Comment #7
 New Development
o Each project will be evaluated independently depending upon the site and proposed scope of work.

Traffic, noise, air mitigations, off-site improvements, and dedications, etc. will be evaluated through development review and CEQA review.

Appendix I. Public Comments
NovemberSeptember 2023 Appendix I I-227
Comment Letter #8

HCD Draft Revised 2023-2031 Housing Element

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Response to Comment #8
 Penalties
The Town knowledges the public comment expressing concerns regarding penalties for not having a certified housing element, including potential builder’s remedy projects. Staff and the Town’s Consultant continue to work diligently with the Town’s HCD reviewer to address HCD’s comments to achieve a certified Housing Element as quickly as possible.

HCD Draft Revised 2023-2031 Housing Element
I-232 Appendix I November September 2023
Summary Modifications to the Draft Revised 2023-2031 Housing Element in Response to Public Comments
Pursuant to AB215, following the 7-day public comment period, the public comments received by the Town were considered prior to resubmitting to HCD. The following modifications were made to the Town’s Draft Housing Element in response to public comments:
o The density for RD has been added to Table C-1. Appendix C. The density is 5-12 dwelling units per acre (2020 General Plan Land Use Category- Medium Density Residential). o The number of units that were entitled, permitted, under construction, and finaled from June 30, 2022, to January 31, 2023, as listed in Table 10-3, Table D-2, and Table D-7 of the Draft Revised Housing Element (November 2023) were modified to remove units that were reported to the California Department of Finance.
o The Housing Element now includes a matrix with actions to ensure the Town’s Housing Element goals affirmatively further fair housing. This matrix includes specific actions, geographic targeting, timelines, and eight-year metrics that aim to address fair housing concerns including fair housing outreach and enforcement, housing mobility, place-based strategies for neighborhood improvement, new housing opportunities in high resource areas, and tenant protection and anti-displacement. o Programs objectives and timelines modified. The inclusion of SB 9 units in the Housing Element towards meeting the Town’s RHNA was removed from the Draft Revised Housing Element (November 2023). o Goals to affirmatively further fair housing have been strengthened through specific actions, geographic targeting, and eight-year metrics outlined in a new implementation table. The Town has outlined placebased strategies for neighborhood improvement with geographic targeting to ensure areas with additional need, including areas with proposed lower income RHNA units, are adequately served.

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Environmental Analysis
Los Gatos 6th Cycle Housing Element
2023-2031 Planning Period
December 22, 2022
Prepared by
EMC Planning Group
ATTACHMENT 2

ENVIRONMENTAL ANALYSIS
LOS GATOS 6TH CYCLE HOUSING ELEMENT
2023-2031 PLANNING PERIOD

PREPARED FOR
Town of Los Gatos
Joel Paulson, Community Development Director
110 E. Main Street
Los Gatos, CA 95030
Tel 408.354.6879
[email protected]

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
December 22, 2022
This document was produced on recycled paper.

EMC Planning Group Inc.

TABLE OF CONTENTS
A. BACKGROUND ..................................................................................................................... 1 B. DETERMINATION ................................................................................................................ 9 C. EVALUATION OF ENVIRONMENTAL IMPACTS ............................................................. 10

1. Aesthetics .............................................................................................................................. 11

2. Agriculture and Forest Resources ...................................................................................... 15

3. Air Quality ............................................................................................................................. 17

4. Biological Resources ............................................................................................................ 23

5. Cultural Resources ............................................................................................................... 30

6. Energy .................................................................................................................................... 33

7. Geology and Soils ................................................................................................................ 37

8. Greenhouse Gas Emissions ............................................................................................... 44

9. Hazards and Hazardous Materials ..................................................................................... 51

10. Hydrology and Water Quality ............................................................................................ 57

11. Land Use and Planning ....................................................................................................... 64

12. Mineral Resources ................................................................................................................ 67

13. Noise ...................................................................................................................................... 68

14. Population and Housing ..................................................................................................... 72

15. Public Services ...................................................................................................................... 74

16. Recreation ............................................................................................................................. 79

17. Transportation ...................................................................................................................... 80

18. Tribal Cultural Resources ................................................................................................... 89

19. Utilities and Services Systems ............................................................................................. 90

20. Wildfire .................................................................................................................................. 98

21. Mandatory Findings of Significance ................................................................................ 104 D. SOURCES ........................................................................................................................... 106

EMC Planning Group Inc.

Figures
Figure 1 Location Map .................................................................................................................... 5 Figure 2 Site Inventory Location Areas ........................................................................................ 7 Figure 3 Downtown Area Sites’ Fire Hazards ........................................................................... 99

Section A Background 1 EMC Planning Group
Los Gatos 6th Cycle Housing Element December 22, 2022
A. BACKGROUND
Setting
The Town of Los Gatos is located within Santa Clara County, south of the San Francisco Bay.

It’s surrounded by the City of Campbell to the north, the cities of Saratoga and Monte Sereno to the west, the City of San Jose to the east, and unincorporated land (i.e., the Santa Cruz Mountains) to the south. The incorporated area of Los Gatos covers approximately 11.5 square miles and is almost entirely built-out, with its sphere of influence encompassing approximately 18 square miles. Primary access is provided by State Route 17 from the north and south, which is the main roadway linking the Bay Area to Santa Cruz and the northern Monterey Bay region, and from State Route 85 from the west and east. Los Gatos can also be accessed from the west by State Route 9, also known as Los Gatos-Saratoga Road. Figure 1, Location Map, presents the relationship between the Town of Los Gatos and nearby cities, as well as the state highway system.

Background
The Town of Los Gatos (Town) has prepared a draft 6th cycle Housing Element that covers the planning period 2023 through 2031 consistent with the requirements under California state law.

Part of the Housing Element Update requires that the Town identify adequate housing sites to accommodate the Regional Housing Needs Allocation (RHNA) assigned to the Town by the California Department of Housing and Development (HCD) and the Association of Bay Area Governments/Metropolitan Transportation Commission (ABAG/MTC). The RHNA identified for the Town’s 6th cycle Housing Element is 1,993 units.

Project Title Los Gatos 6th Cycle Housing Element
Lead Agency Contact Person
and Phone Number
Joel Paulson,
Community Development Director
408-354-6879
Date Prepared December 22, 2022
Study Prepared by EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Project Location Town of Los Gatos
Project Sponsor Name and Address Town of Los Gatos
110 E. Main Street
Los Gatos CA 95030
General Plan Designation Various
Zoning Various

Section A Background 2 EMC Planning Group
Los Gatos 6th Cycle Housing Element December 22, 2022
Methodology
The Town received a referendum to repeal the Land Use and Community Design Elements of the adopted Town of Los Gatos California 2040 General Plan (General Plan). In October 2022, the Town Council adopted a resolution to provide that the Town of Los Gatos 2020 General Plan’s Land Use and Community Design Elements will govern during the period of suspension. Therefore, when the term “General Plan” is used in this environmental analysis, it is the General Plan in effect that is being referenced (i.e., the Town of Los Gatos California 2040 General Plan with the Town of Los Gatos 2020 General Plan’s Land Use and Community Design Elements).

The Town’s 2040 General Plan Final Environmental Impact Report SCH#2020070175 (General Plan Final EIR) (Town of Los Gatos June 2022a) (chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://losgatos2040.com/images/docs/5_LG _2040_GP_FEIR_RTC_June_2022.pdf) was certified in June 2022, with the following documents making up the entirety of the General Plan Final EIR:
 2040 General Plan Final Environmental Impact Report Addenda and Errata for Town Council SCH#2020070175 dated June 2022 (chrome-extension://efaidnbmnnnibpcajpcglcle findmkaj/https://losgatos2040.com/images/docs/6_LG_2040_GP_FEIR_RTC_ Addenda_Errata_for_Town_Council.pdf);
 2040 General Plan Revised Sections of Draft Environmental Impact Report dated November 2021 (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:// www.losgatosca.gov/DocumentCenter/View/29410/Revised-Sections-of-Draft-EIR); and
 2040 General Plan Draft Environmental Impact Report (General Plan EIR) dated July 2021 (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://losgatos2040.com/ images/docs/2040-General-Plan-DEIR-with-Appendices.pdf).

Some of the timing of preparation of the 6th cycle Housing Element Update overlapped with the preparation of the General Plan EIR, allowing for the two documents to work together on topics such as allowable density, floor area ratio, and height to assist in meeting the Town’s RHNA requirement. The General Plan EIR evaluated the potential growth for up to 3,738 dwelling units, has already evaluated the housing and population growth projections identified within the 6th cycle Housing Element Update.

This environmental analysis relies on the earlier analyses in the General Plan Program EIR (against which no timely lawsuit challenging its adequacy under CEQA was filed), pursuant to CEQA Guidelines section 15168(c). Section 15168(c) provides that “later activities [here, the Housing Element Update] in the program [here, the General Plan] must be examined in light of the program EIR to determine whether an additional environmental document must be prepared.” Section 15168(c)(2) provides: “If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.” The section further explains that the “within the scope” inquiry is a factual question that the agency determines based on substantial evidence. While no specific format is required to document the agency’s determination, an initial study checklist provides a useful, familiar format

Section A Background 3 EMC Planning Group
Los Gatos 6th Cycle Housing Element December 22, 2022
to explain the agency’s reasoning and evidence. As explained in detail for each environmental resource area herein, there is no evidence that development under the Housing Element Update would result in any new or more severe significant environmental impacts than previously determined in the General Plan EIR. Therefore, this analysis supports a determination under CEQA Guidelines section 15162 that no subsequent or supplemental EIR is necessary for the Housing Element Update.

The analysis in this initial study contains a brief discussion identifying the following:
a. “Earlier Analysis Used” identifies and states where the General Plan EIR is available for review (see above).
b. “Impact Adequately Addressed” identifies which effects from the checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and states whether such effects were addressed by mitigation measures based on the earlier analysis.
c. “Mitigation Measures”—For effects that are “Less-Than-Significant Impact with Mitigation Measures Incorporated,” mitigation measures are described which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. This mitigation generally takes the form of General Plan policies.

Description of Proposal
The proposal includes the update and preparation of the Town’s 6th Cycle 2023-2031 Housing Element in order to comply with the state’s housing goals set forth in the Government Code, and adopting this element as an amendment to the Town’s General Plan. The Town is currently proposing a total of 2,312 housing units. Appendix H of the Town’s 2023-2031 Housing Element provides details and capacity estimates for each of the parcels that comprise the Town’s housing Sites Inventory. Figure 2, Site Inventory Location Areas, shows an overview of the proposed sites inventory map with the sites combined into various areas of the Town. The total number of housing units in the Draft Site Inventory is subject to change; however, the total number of units will not exceed the maximum of 3,738 units that were considered under the 2040 General Plan Environmental Impact Report (EIR). Development of these housing units would result in a population increase of approximately 5,780 (California Department of Finance 2022). The Housing Element Update may require the demolition of existing commercial structures on some of the individual sites, but would not result in a net increase in commercial square footage to the Town of Los Gatos compared to existing conditions. The assumption in the General Plan was that there would not be any additional commercial beyond what would already be allowed by the previous, Town of Los Gatos 2020 General Plan.

Other Public Agencies Whose Approval is Required
 California Department of Housing and Community Development

Section A Background 4 EMC Planning Group
Los Gatos 6th Cycle Housing Element December 22, 2022
Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
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.

Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

Source: ESRI 2014
Figure 1
Location Map
Los Gatos 6th Cycle Housing Element Environmental Analysis 0 6500 feet
Project
Location
£¤101
UV1 £¤101
k
Salinas
UV152 Gilroy
Los Gatos
San Jose
San Francisco
Santa Cruz
Monterey
Seaside
§¨¦580
§¨¦5
§¨¦280
§¨¦680
UV1
UV1
Regional Location
Los Gatos
San Jose
Campbell
Saratoga
Cupertino
§¨¦ §¨¦280 280
UV85
UV85
UV85
UV17
UV17
UV17
Los Gatos Town Limits
Santa Cruz Mountains
Not to Scale
Santa Cruz Mountains
Santa Clara

Section A Background 6 EMC Planning Group
Los Gatos 6th Cycle Housing Element December 22, 2022
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Source: Santa Clara County GIS 2022,
Google Earth 2022
Figure 2
Site Inventory Location Areas
Los Gatos 6th Cycle Housing Element Environmental Analysis 0 4000 ft
Downtown Area
Parcels
Alberto Way
Area Parcels
Los Gatos Lodge
Area Parcels
Los Gatos Blvd.

Area Parcels
North Forty
Area Parcels
Lark Ave.

Area Parcels
Winchester Blvd.

Area Parcels
Union Ave.

Area Parcels
Harwood Rd.

Area Parcels
Los Gatos
Town Limits

Section A Background 8 EMC Planning Group
Los Gatos 6th Cycle Housing Element December 22, 2022
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Section B Determination 9 EMC Planning Group
Los Gatos 6th Cycle Housing Element December 22, 2022
B. DETERMINATION
On the basis of this initial evaluation:
☐ I find that the Housing Element Update COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ☐ I find that although the Housing Element Update could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Housing Element Update have been made by or agreed to by its proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the Housing Element Update MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the Housing Element Update MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ☒ I find that although the Housing Element Update could have a significant effect on the environment, because all potentially significant effects have been analyzed adequately in Town of Los Gatos General Plan EIR pursuant to applicable standards including CEQA Guidelines section 15168(c)2, and the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR, nothing further is required. ____
Joel Paulson, Community Development Director Date
01/17/2023

Section C Evaluation of Environmental Impacts 10 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
C. EVALUATION OF ENVIRONMENTAL IMPACTS
Notes

1. All answers take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

2. Once it has been determined that a particular physical impact may occur, then the checklist answers indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

3. “Negative Declaration: Less-Than-Significant Impact with Mitigation Measures Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less-Than-Significant Impact.” The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less-than-significant level (mitigation measures from section XVII, “Earlier Analyses,” may be cross-referenced).

4. Earlier analyses are used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. [Section 15063(c)(3)(D)] In this case, a brief discussion would identify the following:
a. “Earlier Analysis Used” identifies and states where such document is available for review.
b. “Impact Adequately Addressed” identifies which effects from the checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and states whether such effects were addressed by mitigation measures based on the earlier analysis.
c. “Mitigation Measures”—For effects that are “Less-Than-Significant Impact with Mitigation Measures Incorporated,” mitigation measures are described which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

5. Checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances, etc.) are incorporated. Each reference to a previously prepared or outside document, where appropriate, includes a reference to the page or pages where the statement is substantiated.

6. “Supporting Information Sources”—A source list is attached, and other sources used or individuals contacted are cited in the discussion.

7. The explanation of each issue identifies:
a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any to reduce the impact to less than significant.

Section C Evaluation of Environmental Impacts 11 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

1. AESTHETICS
Except as provided in Public Resources Code Section 21099 (Modernization of Transportation Analysis for Transit-Oriented Infill Projects), would the project:

Comments:
a. As identified in the General Plan EIR (Section 4.1, Aesthetics), scenic vistas in Los Gatos include the hillside area of the Santa Cruz Mountains and open space areas on the edges of the Town. New development facilitated by the Town, including the housing units proposed by the Housing Element Update, would be in the existing urbanized area and generally would not affect views of the hillside areas or other scenic vistas. The General Plan EIR states that new development in the urbanized area may be visible from ridges in the hillside area or from isolated locations in other open space areas of the Town, but would appear similar to existing surrounding urban development. However, new structures could be oriented or scaled in such a way that views of the hillside area are blocked from isolated locations in the Town.

The General Plan’s Community Design Element contains goals and policies to minimize potential visual impacts on scenic vistas from future development such as Goal CD-16 and its associated policies, which promote and protect scenic resources through design of new structures or remodels that allow scenic views to all affected properties.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ b. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☐ ☒
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☐ ☒
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the
area?
☐ ☐ ☒ ☐

Section C Evaluation of Environmental Impacts 12 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR concludes (p. 4.1-16) that the General Plan’s goals and policies would minimize visual intrusion and assist in reducing obstructions of view of the scenic vistas associated with the open space areas of the Town. Because development facilitated by the General Plan would occur in existing urbanized areas of the Town, and implementation of these policies would encourage vistas and visibility of scenic open space, impacts of the General Plan would be less than significant.

The Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Therefore, development consistent with the Housing Element Update would be required to implement the General Plan’s applicable goals and policies to reduce impacts on scenic vistas thereby ensuring its impact would be less than significant.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on scenic vistas.
b. According to the General Plan EIR (Section 4.1, Aesthetics), there are no state designated scenic highways within the Town limits and there would be no impacts on scenic resources within a state scenic highway (Town of Los Gatos 2021, p. 4.1-17) The sites nearest to the officially designated portion of State Route 9, associated with the Housing Element Update, are located approximately 0.60 miles east. Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would not facilitate new development adjacent to the officially designated portion of State Route 9. The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on scenic resources within a state scenic highway.
c. As discussed in the General Plan EIR (Section 4.1, Aesthetics), the General Plan would facilitate incremental change in the visual character of the Town through development and redevelopment of land. Implementation of the Housing Element Update, consistent with the growth projections evaluated in the General Plan EIR, would include the reuse of existing urbanized lands and infill development on vacant parcels to meet the housing needs of the growing community.

New development would not substantially degrade the visual character or quality of the Town by complying with existing design guidelines as well as with General Plan policies.

Impacts would be less than significant (Town of Los Gatos 2021, p. 4.1-24).

Some applicable General Plan policies from the Town of Los Gatos 2020 General Plan’s Land Use Element are presented below:
 Policy LU-7.2 - To ensure compatibility with surrounding neighborhoods, infill projects shall demonstrate that the development meets the criteria contained in the Development Policy for In-Fill Projects and the deciding body shall make findings consistent with this policy.;
 Policy LU-7.3 - Infill projects shall contribute to the further development of the surrounding neighborhood (e.g., improve circulation, contribute to or provide

Section C Evaluation of Environmental Impacts 13 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
neighborhood unity, eliminate a blighted area) and shall not detract from the existing quality of life.
 Policy LU-7.4 - Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area; and
 Policy LU-1.4 - Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area.

The Housing Element Update would adhere to the applicable General Plan policies and the Town’s existing design guidelines to ensure that development facilitated by the Housing Element Update does not substantially degrade visual character and quality of Los Gatos. As previously stated, the General Plan EIR concluded that new development would result in less than significant impacts associated with degrading the visual character or quality of the Town. Given that the Housing Element Update is consistent with the growth evaluated in the General Plan EIR, the Housing Element Update would result in less than significant impacts on scenic quality.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on scenic quality.
d. As identified in the General Plan EIR (Section 4.1, Aesthetics), new development facilitated under the General Plan would increase the development intensity throughout the Town, thereby introducing new sources of light. Potential sources of new nighttime light from new development include light spillover from the windows of residences and businesses, outdoor security lighting, lighted signs, and streetlights. New development could also produce glare from sunlight reflecting off windows, reflective surfaces, etc.

The development that would be facilitated by the General Plan, such as the housing sites associated with the Housing Element Update, would occur in already-urbanized areas of the Town, where existing lights and surfaces with glare are common. As a result, the General Plan EIR concluded that additional light and glare created under the General Plan, which includes the Housing Element Update, would not illuminate or contribute to light pollution in currently dark or unlit areas without reflective or glaring surfaces (p. 4.1- 25).

The Housing Element Update would also be required to comply with General Plan Policy CD-3.2, which requires that street and structure lighting minimize its visual impacts by preventing glare, limiting the amount of light that falls on neighboring properties, and avoiding light pollution of the night sky. In addition, safety lighting that may be implemented with the Housing Element Update would be required to conform to Townprescribed lighting regulations provided in Section 29.10.09015, Residential Outdoor Lighting, of the Los Gatos Municipal Code.

Section C Evaluation of Environmental Impacts 14 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the General Plan EIR, new sources would not substantially increase the amount of nighttime lighting or glare in the already urbanized Town. The General Plan has an overall intent to improve the visual quality of Los Gatos and considers light and glare impacts from new development in the Town; therefore, the General Plan EIR concludes that impacts associated with light and glare would be less than significant (p. 4.1-25). The Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would result in be less than significant impacts associated with light and glare. The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on light and glare.

Section C Evaluation of Environmental Impacts 15 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

2. AGRICULTURE AND FOREST RESOURCES
In determining whether impacts on agricultural resources are significant environmental effects and in assessing impacts on agriculture and farmland, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:

Comments:
a. According to the General Plan EIR (Section 4.2, Agriculture and Forest Resources), the General Plan does not propose new or expanded conversion of Important Farmland or forestland to new uses and the Town prioritizes infill development and maximizing the underutilized parcels in the Town while maintaining existing community character.

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and the housing sites associated with the Housing Element Update would occur as infill development or on underutilized parcels in the Town.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
☐ ☐ ☒ ☐
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d. Result in the loss of forest land or conversion of
forest land to non-forest use?
☐ ☐ ☐ ☒
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 16 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Some of the sites associated with the Housing Element Update’s Lark Avenue Area are identified as Prime and Unique Farmland by the Farmland Mapping and Monitoring Program (California Department of Conservation 2018). Conversion of Important Farmland-designated lands to non-agricultural uses is considered an environmental impact. However, the Lark Avenue Area sites have been anticipated for residential uses since the previous general plan in 2011 (Town of Los Gatos 2011, Figure LU-3), are zoned for residential uses (Town of Los Gatos 2019), and are surrounded by urban uses (Google Earth 2022). Therefore, development associated with the Housing Element Update would result in less than significant impacts related to the conversion of Important Farmlands to non-agricultural uses and would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use.
b. None of the housing sites are zoned for agricultural use or are in a Williamson Act contract. See General Plan EIR Figure 4.2-2, Important Farmlands and Williamson Act Contracts in Los Gatos and SOI, within Section 4.2, Agriculture and Forest Resources.

Therefore, the Housing Element Update would not conflict with land currently zoned for agricultural use or with a Williamson Act contract.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on Williamson Act contracted land and conversion of land zoned for agricultural use.
c-e. The Town does not contain forest lands (Section 4.18, Effects Found Not to be Significant, Town of Los Gatos 2021, p. 4.18-1); therefore, development consistent with the growth projections evaluated in the General Plan EIR, such as the Housing Element Update, would not facilitate new or additional development that would conflict with existing zoning of or result in the loss of forest land to non-forest uses. In addition, the land throughout the southern and eastern portions of Los Gatos are no longer used as a source of timber for logging (Section 4.2, Agriculture and Forest Resources, p. 4.2-9). No impact would occur associated with the availability of forestry resources within the Town (Town of Los Gatos 2021, p. 4.18-1), or involve other changes in the existing environment which, due to their location or nature, could result in conversion of forest land to non-forest use.

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

Section C Evaluation of Environmental Impacts 17 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Would the project:

Comments:
a. The most recently adopted air quality plan applicable to the Town of Los Gatos is the Bay Area Air Quality Management District’s Final 2017 Clean Air Plan, which describes how the San Francisco Bay Area will achieve compliance with the state’s one-hour ozone standard as expeditiously as practicable, and how the region will reduce transport of ozone and ozone precursors to neighboring air basins. As discussed in the General Plan EIR (Section 4.3, Air Quality), some of the General Plan policies within the Environment and Sustainability Element and the Mobility Element are aimed at reducing vehicle emissions and energy use, which are two major drivers of criteria air pollutant emissions.

General Plan Policy ENV-11.2 requires the increase in energy efficiency in municipal facilities; Policy ENV-11.4 promotes the use of efficient energy in new residences, businesses, and municipal buildings; and Policies ENV-11.5 and ENV-11.6 support the use of solar and organic waste recycling. Development projected by the General Plan would also be designed to promote active transportation and reduce vehicle miles traveled (VMT) in the Town, further reducing vehicle emissions through Policies ENV-8.3, MOB-1.1, MOB-1.2, MOB-2.2, MOB-2.3, and MOB-2.11.

Implementation of these General Plan policies would ensure that development under the General Plan would not result in significant criteria pollutant emissions or other significant air quality impacts. Therefore, the General Plan would be consistent with the goals of the Final 2017 Clean Air Plan (Town of Los Gatos 2021, p. 4.3-9). The General Plan EIR also concluded that the General Plan would be consistent with applicable Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Conflict with or obstruct implementation of the
applicable air quality plan?
☐ ☐ ☐ ☒
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
nonattainment under an applicable federal or state
ambient air quality standard?
☐ ☒ ☐ ☐
c. Expose sensitive receptors to substantial pollutant
concentrations?
☐ ☐ ☒ ☐
d. Result in other emissions, such as those leading to
odors adversely affecting a substantial number of
people?
☐ ☒ ☐ ☐

Section C Evaluation of Environmental Impacts 18 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
control measures identified within the Final 2017 Clean Air Plan because it would implement similar measures through specific goals and policies that would reduce criteria pollutant emissions (p. 4.3-14). Additionally, it was concluded that buildout of the General Plan would not preclude planned transit or bike pathways and would not otherwise disrupt regional planning efforts to reduce VMT and meet federal and state air quality standards (Town of Los Gatos 2021, p. 4.3-14).

The Bay Area Air Quality Management District’s 2017 CEQA Air Quality Guidelines threshold for criteria air pollutants and precursors includes an assessment of the rate of increase of VMT and population. According to the General Plan EIR, because of the Town’s geographic and socioeconomic context, the rate of increase of service population is a more appropriate indicator than typical population as to whether the increase in VMT would be considered significant. It was determined that because VMT associated with buildout of the General Plan would increase by approximately 25 percent (General Plan’s 507,845 daily VMT/existing conditions 2,044,937 daily VMT), it would not exceed the rate of increase from the forecast population of approximately 29 percent (General Plan’s population increase of 8,971/Town’s population of 30,832). Therefore, impacts concerning criteria pollutants would be less than significant (Town of Los Gatos 2021, p. 4.3-14).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would be required to implement the applicable goals and policies of the Environment and Sustainability Element and the Mobility Element mentioned previously to ensure that development of the individual sites would not result in significant criteria pollutant emissions or other significant air quality impacts. Additionally, because many of the General Plan goals and policies are similar to the control measures outlined in the Final 2017 Clean Air Plan, implementation of them by the Housing Element Update would reduce criteria pollutant emissions. The Housing Element Update would also be required to promote active transportation through implementation of the applicable policies identified in the Mobility Element and stated above, reducing vehicle emissions.

The proposed population increase under the Housing Element Update is less than what was considered under the General Plan’s total buildout population and was evaluated by the General Plan EIR. Therefore, development associated with the Housing Element Update would not involve a VMT increase that exceeds the rate of the forecasted population.

For these reasons, the Housing Element Update, consistent with the growth projections evaluated in the General Plan EIR, would not conflict with or obstruct implementation of the applicable air quality plan. The General Plan EIR adequately addressed the Housing Element Update’s potential impact related to the conflict with an applicable air quality plan.
b. Development under the General Plan would involve construction activities that may result in air pollutant emissions such as demolition, grading, construction worker travel,

Section C Evaluation of Environmental Impacts 19 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
delivery hauling of construction supplies and debris, and fuel combustion by onsite construction equipment. Construction activities would temporarily create emissions of dust, fumes, equipment exhaust, and other air contaminants during site preparation and grading, but the extent of daily emissions is unknown as it depends on the quantity of equipment and the hours of operation for each project.

The Bay Area Air Quality Management District’s 2017 CEQA Air Quality Guidelines do not have plan-level significance thresholds for construction air pollutant emissions that would apply to the General Plan. However, there are project-level thresholds for construction emissions that determine if a project’s construction emissions would be individually and cumulatively less than significant (i.e., if the construction emissions fall below the project-level thresholds). The Bay Area Air Quality Management District also identifies feasible fugitive dust control measures for construction activities that are recommended for all projects. Additionally, the Bay Area Air Quality Management District and California Air Resources Board have regulations that address the handling of hazardous air pollutants such as lead and asbestos, which could be aerially disbursed during demolition activities.

Section 4.3, Air Quality, of the General Plan EIR determined that construction associated with development under the General Plan would temporarily increase air pollutant emissions and possibly create localized areas of unhealthy air pollution concentrations or air quality nuisances. The General Plan’s goals and policies do not include implementation of feasible measures to reduce construction emissions associated with development and, therefore, the following mitigation would be required by all development under the General Plan to reduce temporary construction air quality impacts to a less-than-significant level (Town of Los Gatos 2021, p. 4.3-16 and -17).

Mitigation Measure
AQ-1 New discretionary projects in the General Plan Area that exceed the construction screening criteria of the Bay Area Air Quality Management District shall be conditioned to reduce construction emissions of reactive organic gases, nitrogen oxides, and particulate matter (PM10 and PM2.5) by implementing the Bay Area Air Quality Management District’s Basic Construction Mitigation Measures (described below) or equivalent, expanded, or modified measures based on project and site-specific conditions.

Basic Construction Mitigation Measures:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, with priority given to the use of recycled water for this activity when feasible.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

Section C Evaluation of Environmental Impacts 20 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.

8. A publicly visible sign shall be posted with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Bay Area Air Quality Management District’s phone number shall also be visible to ensure compliance with applicable regulations.

Implementation of the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and may result in the generation of air pollutant emissions during construction activities. As discussed above, there are no thresholds for construction-related air pollutant emissions that would apply to the Housing Element Update because specific developments are unknown at this time.

Therefore, individual development associated with the Housing Element Update would be required to implement Mitigation Measure AQ-1 in order to reduce temporary construction air quality impacts and ensure that the Housing Element Update’s potential increase of criteria pollutants, for which the region is in nonattainment, would be less than cumulatively considerable.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to the increase of any criteria pollutant for which the region is nonattainment under an applicable federal or state ambient air quality standard. c. Sensitive receptors include residences, schools, and hospitals and are located throughout the Town. Pursuant to the Bay Area Air Quality Management District’s 2017 CEQA Air Quality Guidelines when assessing community risk and hazards for siting a new receptor, sources such as freeways or high-volume roadways within a 1,000-foot radius of a project

Section C Evaluation of Environmental Impacts 21 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
site are typically considered. As discussed in the General Plan EIR (Section 4.3, Air Quality), development projected by the General Plan could result in additional sources of toxic air contaminants through its commercial uses and, therefore, could increase the number of stationary or permitted sources that emit toxic air contaminants in the Town of Los Gatos. There are also several high-volume roadways within and around Los Gatos, such as State Routes 17 and 85, Los Gatos Boulevard, and Winchester Boulevard.

Areas of high traffic volumes typically result in elevated concentrations of carbon monoxide as the major source is automobile traffic.

The Bay Area Air Quality Management District’s 2017 CEQA Air Quality Guidelines have established preliminary screening criteria in determining whether a project would have a significant impact to localized carbon monoxide concentrations. It is noted that the screening criteria is not a threshold of significance, but is designed to provide the Town and project applicants with a conservative indication of whether a project would result in potentially significant air quality impacts. Using the screening criteria, the General Plan EIR determined that the highest traveled intersection in the Town (Los Gatos Boulevard at Lark Avenue) does not exceed traffic volumes for intersections affected by carbon monoxide and the General Plan would not substantially contribute to or result in the creation of carbon monoxide hotspots.

However, development under the General Plan may result in sensitive receptors placed in the proximity to high-volume roadways and freeways, which could expose sensitive receptors to pollutant concentrations. Development under the General Plan would be required to comply with General Plan Policy ENV-8.7, which requires that developments incorporate site planning techniques that reduce exposure of people to the impacts of high air pollutants from adjacent high-volume roadways. The General Plan EIR, therefore, concluded that impacts related to exposing sensitive receptors to pollutant concentrations would be less than significant (p. 4.3-18).

Development associated with the Housing Element Update could place sensitive receptors (i.e., residences) adjacent to high-volume roadways. The Housing Element Update does not, however, involve the increase in commercial development over existing conditions. Therefore, the Housing Element Update would not result in additional sources of toxic air contaminants through commercial uses increasing the number of stationary or permitted sources that emit toxic air contaminants in the Town. 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 ENV-8.7.

Because the Housing Element Update was evaluated in the General Plan EIR and anticipated by the General Plan, development associated with the Housing Element Update would result in less than significant impacts related to exposing sensitive receptors to pollutant concentrations.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to sensitive receptors.

Section C Evaluation of Environmental Impacts 22 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
d. The Bay Area Air Quality Management District’s CEQA Air Quality Guidelines state that the land uses that typically produce objectionable odors include agricultural uses, wastewater treatment plants, food manufacturing plants, chemical plants, composting, refineries, landfills, and confined animal facilities. The General Plan would intermix industrial land uses with residential areas, which could have the potential to expose sensitive receptors (such as residents) to odors. Therefore, according to the General Plan EIR’s Section 4.3, Air Quality, the General Plan’s anticipated industrial development in these areas may result in objectionable odors that may affect a substantial number of people.

Construction associated with implementation of the General Plan could also emit odors from the construction vehicles and engine exhaust and idling, which may affect nearby receptors. Mitigation Measure AQ-1 would reduce construction air quality impacts to a less-than-significant level by reducing idling times and making sure that construction equipment is in proper working order (Town of Los Gatos 2021, p. 4.3-18).

The Housing Element Update does not involve the increase in any use other than residential, which the Bay Area Air Quality Management District determines as not typically producing objectionable odors. Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Therefore, the Housing Element Update would not result in the development of land uses that may expose sensitive receptors to objectionable odors. However, development associated with the Housing Element Update would involve construction activities, the equipment of which could emit odors that are objectionable to nearby sensitive receptors. Therefore, the Housing Element Update would be required to implement Mitigation Measure AQ-1 to reduce construction air quality impacts and their effect on nearby sensitive receptors.

The General Plan EIR adequately addressed the Housing Element Update’s potential to impact sensitive receptors with the creation of objectionable odors.

Section C Evaluation of Environmental Impacts 23 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

4. BIOLOGICAL RESOURCES
Would the project:

Comments:
a. Table 4.4-1 of the General Plan EIR (within Section 4.4, Biological Resources) illustrates that almost half of the Town is developed or an urban land use and does not provide habitat for the special-status species reported or known to occur in or near the Town of Los Gatos. Areas that may provide habitat for special-status species are primarily located in the open space and undeveloped hillside areas of the planning area and the waterways and wetlands adjacent to the waterways in the planning area, such as Los Gatos Creek and Ross Creek (Town of Los Gatos 2021, p. 4.4-12). As discussed throughout the Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife
or US Fish and Wildlife Service?
☐ ☐ ☒ ☐
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US
Fish and Wildlife Service?
☐ ☐ ☒ ☐
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.), through direct
removal, filing, hydrological interruption, or other
means?
☐ ☐ ☒ ☐
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
☐ ☐ ☒ ☐
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☐ ☒
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
☐ ☐ ☒ ☐

Section C Evaluation of Environmental Impacts 24 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
General Plan EIR, the General Plan focuses on infill development and redevelopment within the Town limits, which do not provide habitat suitable for special-status species.

Urban development is not allowed in areas of open space and the General Plan would not change these existing land use designations in order to prevent substantial development of the Town’s chaparral and scrubland habitats. The General Plan would also not facilitate permanent development in the riparian vegetation along the Town’s creeks and adjoining riparian areas.

Although development under the General Plan would occur in urban areas where infrastructure is already in place, the General Plan 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.

This would result in potential temporary riparian and aquatic habitat impacts that support special-status species. Further, development facilitated by the General Plan could impact isolated trees and pockets of vegetation in the urbanized areas of Los Gatos. These trees and isolated pockets could provide habitat for special-status species, including migratory nesting birds, the disturbance or potential loss of which would be considered a significant, adverse impact.

Development under the General Plan would be subject to the provisions of various federal and state natural resources regulations and their respective permitting processes and would be required to implement the list of various goals and policies of the General Plan to help prevent loss of special-status species habitat in the Town. Specifically General Plan Policies ENV-5.2 and ENV-7.1, which would protect special-status plants and wildlife species and their habitats from adverse impacts of public and private projects, and Policies ENV-6.1 and ENV-16.2, which would protect aquatic habitat and adjacent riparian habitat. General Plan Policy ENV-7.11 would also be applicable and require implementation by development as it reduces indirect impacts to wildlife from light spill or light trespass from nearby development. Policy ENV-7.5 and ENV-7.10 would also prevent direct impacts to migratory nesting birds. 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 would be less than significant (Town of Los Gatos 2021, p. 4.4-16).

Development associated with the Housing Element Update would involve infill or the redevelopment of sites. No sites under the Housing Element Update are located within the Town’s hillside or open space areas that could contain habitats for special-status species. However, some of the sites associated with the Housing Element Update (within the Winchester Boulevard Area and Lark Avenue Area) are adjacent to the Los Gatos Creek. Development at these sites could result in indirect impacts on potential specialstatus species that are present in this riparian area through the creation of new light

Section C Evaluation of Environmental Impacts 25 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
sources that may affect the nesting patterns or behavior. Other impacts that could occur by development include the removal of or disturbance to isolated trees and pockets of vegetation that could provide habitat to nesting birds.

Development associated with the Housing Element Update would be required to comply with applicable policies of the General Plan such as Policy CD-3.2 and the Townprescribed lighting regulations provided in Town Code Section 29.10.09015, which are described further in Section 1.0, Aesthetics, checklist question “d;” Policy LU-1.3, which promotes high quality, well-designed, environmental sensitive, and diverse landscaping in new and existing developments and the preservation of existing trees, natural vegetation, natural topography, riparian corridors and wildlife habitats; Policy ENV-5.1, which requires that all development use native plants or appropriate non-invasive plants that are indigenous to Los Gatos and Santa Clara County to reduce disturbance of adjacent natural habitat; Policies ENV-5.2, -5.3, and -5.4, which all require that development protect special-status native plant species by way of prohibiting development that depletes or damages existing native plant species and prohibiting the use of invasive plant species; and Policies ENV-6.1, ENV-7.1, and ENV-16.2 mentioned previously.

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 Housing Element Update would be less than significant.

The General Plan EIR adequately addressed the Housing Element Update’s potential to impact special-status species and their habitats.
b. The General Plan would facilitate infill development and redevelopment within existing urbanized areas of the Town and, therefore, is unlikely to contain surface waters and associated riparian vegetation zones. However, Section 4.4, Biological Resources, of the General Plan EIR explains that it is possible that the infill development facilitated by the General Plan would increase density in some areas, which could require upgraded utilities or stormwater drainage in areas of riparian habitat and streams, the construction of which could cause adverse, environmental impacts.

The General Plan’s applicable goals and policies would require conservation of existing creeks and avoidance of disturbing creeks as well as requiring setbacks and measures to protect riparian areas. Implementation of the General Plan’s goals and policies would ensure that development under the General Plan would result in less than significant impacts on riparian habitats (Town of Los Gatos 2021, p. 4.4-17).

Some of the sites associated with the Housing Element Update’s Winchester Boulevard Area and Lark Avenue Area are located adjacent to the Los Gatos Creek. Development of these sites could result in ground disturbance that adversely impacts the adjacent riparian habitat. However, the Housing Element Update would be required to comply with General Plan Policy ENV-6.1, preventing development from damaging riparian areas; ENV-6.2, requiring that riparian corridors, among other water courses, be retained

Section C Evaluation of Environmental Impacts 26 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
in their natural condition; ENV-6.3, which requires that setbacks and measures are implemented to protect riparian corridors; ENV-6.4, promoting the planting of local naïve trees and shrubs where development occurs on land surrounding streams; and ENV-16.4, which requires the conservation of existing creeks and the avoidance of disturbances to these areas.

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and the sites were evaluated with residential land uses in the General Plan EIR. Therefore, implementation of the applicable General Plan policies identified above would ensure that impacts on riparian habitats by development under the Housing Element Update would be reduced to a lessthan-significant level.

The General Plan EIR adequately addressed the Housing Element Update’s potential to impact on riparian habitats or other sensitive natural communities. c. The General Plan would facilitate infill development and redevelopment within existing urbanized areas of the Town and, therefore, is unlikely to contain jurisdictional wetlands.

However, Section 4.4, Biological Resources, of the General Plan EIR explains that it is possible that the infill development facilitated by the General Plan would increase density in some areas, which could require upgraded utilities or stormwater drainage in areas of jurisdictional wetlands and streams, the construction of which could cause adverse, environmental impacts
Detailed wetland delineations would be needed to determine the extent of any jurisdictional wetlands and other waters at specific locations and the U.S. Army Corps of Engineers is responsible for making a final determination for a particular site.

Compliance with the requirements of the Clean Water Act would be required for any project proposed under the General Plan as well as compliance with the goals and policies from the Environment and Sustainability Element and the Open Space, Parks, and Recreation Element of the General Plan; specifically General Plan Policy ENV-6.1, which would prevent development within wetlands. Implementation and compliance with state and federal regulations and the General Plan’s goals and policies promoting restoration of wetland and riparian habitat, impacts from development under the General Plan on wetlands would be less than significant (Town of Los Gatos 2021, p. 4.4-17).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR; therefore, the Housing Element Update would not propose residences on land with jurisdictional wetlands. The Housing Element Update would be required to comply with the requirements of the Clean Water Act and implement all applicable General Plan policies whose purpose is to protect wetlands within the Town (e.g., the policies associated with General Plan Goals ENV-6 and ENV-16). Compliance with state and federal regulations and implementation of applicable General Plan goals and policies would ensure that the Housing Element Update’s potential impact on wetlands would be less than significant.

Section C Evaluation of Environmental Impacts 27 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on wetlands.
d. The General Plan promotes redevelopment and infill development, which would occur in the developed portions of the Town. The developed areas of Los Gatos would not provide for wildlife movement corridors because the areas are developed with buildings and roads. Wildlife movements in the Town are generally limited to the hillside areas to the south and east, and the creeks, such as the Los Gatos Creek. However, Section 4.4, Biological Resources, of the General Plan EIR states that infill development under the General Plan could require construction of upgraded utilities and infrastructure that are near stream corridors (such as stormwater outfalls that are typically near riparian areas adjacent to creeks), which may result in significant environmental effects.

Development under the General Plan would be required to implement applicable General Plan goals and policies that would encourage wildlife movements and migration, such as Policy ENV-7.3, which directs the Town to maintain wildlife habitat and movement corridors for native wildlife species. Because the General Plan would not facilitate development in open space areas, including stream corridors, and contains policies to reduce impacts to stream corridors and protect wildlife movement corridors, the General Plan EIR concluded that impacts would be less than significant (Town of Los Gatos 2021, p. 4.4-20).

Some of the sites associated with the Housing Element Update (within the Winchester Boulevard Area and Lark Avenue Area) are located adjacent to the Los Gatos Creek.

However, development at these sites, among the others associated with the Housing Element Update, would be required to implement General Plan Policy ENV-6.1, requiring that developments do not damage riparian areas, wetlands, and intermittent or ethereal [sic] streams; Policy ENV-6.2, which requires that creek beds, riparian corridors, water courses, and associated vegetation are retained in their natural state; and Policy ENV-6.3, which requires that setbacks and measures are implemented to protect riparian corridors.

Consistent with the General Plan, the Housing Element Update would not facilitate development in open space areas, including stream corridors, and would implement all applicable General Plan policies to reduce impacts to stream corridors and protect wildlife movement corridors and open space. The sites associated with the Housing Element Update are not likely to facilitate major wildlife movement due to current active disturbance. As such, the Housing Element Update would have a less than significant impact on wildlife movement.

The General Plan EIR adequately addresses the Housing Element Update’s potential to interfere with the movement of migratory species.
e. Development under the General Plan could remove trees or substantially prune trees for construction. As discussed in the General Plan EIR (Section 4.4, Biological Resources),

Section C Evaluation of Environmental Impacts 28 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
development would be subject to all applicable local policies and regulations related to the protection of important biological resources such as the Town Municipal Code Chapter 29, Division 2 – Tree Protection. In addition to the Town Municipal Code, development under the General Plan would be required to comply with the policies associated with General Plan Goal ENV-2, such as Policy ENV-2.1, which requires that tree removal and replacement during development is consistent with the latest in tree conservation standards. Adherence to the tree protection requirements in the Town Municipal Code and implementation of the applicable General Plan policies would ensure that development under the General Plan would result in less than significant impacts related to local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance (Town of Los Gatos 2021, p. 4.4-21).

Most of the sites associated with the Housing Element Update contain trees and development may result in their removal or substantial pruning. However, the Housing Element Update would be required to comply with the Town Municipal Code’s Tree Protection standards for the preservation, protection, and maintenance of protected trees, including Section 29.10.1000 of the Town Municipal Code, which requires that a tree preservation report be prepared prior to construction on parcels with protected trees.

The Housing Element Update would also comply with all applicable General Plan policies related to the protection of biological resources. Compliance with the Town Municipal Code’s Tree Protection standards and applicable General Plan policies would ensure that development associated with the Housing Element Update would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.

The General Plan EIR adequately addressed the Housing Element Update’s potential to conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance.
f. The Final Santa Clara Valley Habitat Plan (habitat plan) (Santa Clara Valley Habitat Agency 2012) covers approximately 62 percent of Santa Clara County and only a small portion of this total involves the Town of Los Gatos. The Vasona Lake County Park and the riparian area on either side of Los Gatos Creek make up the portions of Los Gatos that are under the habitat plan’s coverage. The General Plan maintains a designation of Open Space for these areas and would not conflict with the habitat plan. There are no other adopted Habitat Conservation Plans or Natural Community Conservation Plans applicable to the planning area and, therefore, the General Plan EIR concluded that the General Plan would have no impact (Section 4.4, Biological Resources, p. 4.4-21).

Some of the sites associated with the Housing Element Update (the Winchester Boulevard Area and Lark Avenue Area) are adjacent to the Los Gatos Creek, which is within the habitat plan’s coverage area. Some portions of these sites are also themselves located within coverage of the habitat plan (Santa Clara Valley Habitat Agency 2022).

Therefore, pursuant to the provisions of the habitat plan, development within these areas

Section C Evaluation of Environmental Impacts 29 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
would be required to prepare and submit a habitat plan screening form. Development may also be required to apply for an exemption.

Because the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR, development at the Winchester Boulevard Area and Lark Avenue Area would prepare and submit habitat screening forms reducing its potential to result in conflict with the provisions of the habitat plan to a less-than-significant level.

The General Plan EIR adequately addresses the Housing Element Update’s potential to conflict with the provisions of the habitat plan.

Section C Evaluation of Environmental Impacts 30 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

5. CULTURAL RESOURCES
Would the project:

Comments:
a, b. According to the General Plan EIR (Section 4.5, Cultural and Tribal 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, project activities that may alter the character of an environment’s resources, and/or the characteristics of the proposed ground-disturbing activity (p. 4.5-10). Ground-disturbing activities associated with development under the General Plan have the potential to damage or destroy previously unknown historic or prehistoric archaeological resources that may be present on or below the ground surface. In addition to compliance with applicable General Plan policies, development consistent with the General Plan would be required to complete a Phase I Cultural Resources Inventory of the site, as discussed under Mitigation Measure CR-1 below (Town of Los Gatos 2021, p. 4.5-12).

None of the sites associated with the Housing Element Update are located within the Town’s Historic Districts (Town of Los Gatos 2022d); however, because development at each of the individual sites has not yet been proposed, construction activities could occur in areas that have not been previously developed with urban uses, have not been studied through a cultural resources investigation, or the excavation activities could reach depths that exceed those previously attained. Therefore, in order to ensure that development within the Town does not have detrimental effects on cultural resources, each individual project would need to be assessed as it is proposed.

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 ENV-12.1, which requires that archaeological and/or cultural resources are evaluated early in the development review process through consultation and use of contemporary professional techniques and Policy ENV-12.5, requiring that if cultural resource, including archaeological or paleontological resources, are uncovered during ground-disturbing activities, construction will stop until appropriate Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to section 15064.5?
☐ ☒ ☐ ☐
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section
15064.5?
☐ ☒ ☐ ☐
c. Disturb any human remains, including those interred
outside of dedicated cemeteries?
☐ ☐ ☒ ☐

Section C Evaluation of Environmental Impacts 31 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
mitigation is implemented. In addition to compliance with General Plan policies, the Housing Element Update would be required to implement Mitigation Measure CR-1 in order to reduce impacts to a less-than-significant level.

Mitigation Measure
CR-1 If a project requires activities that have the potential to impact cultural resources, the Town shall require the project applicant or proponent to retain a qualified archaeologist meeting the Secretary of the Interior’s (SOI) Professional Qualification Standards (PQS) in archaeology and/or an architectural historian meeting the SOI PQS standards in architectural history to complete a Phase 1 cultural resources inventory of the project site (NPS 1983). A Phase 1 cultural resources inventory shall include a pedestrian survey of the project site and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research shall include a records search conducted at the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search conducted with the Native American Heritage Commission (NAHC). The technical report documenting the Phase 1 cultural resources inventory shall include recommendations to avoid or reduce impacts to cultural resources. These recommendations shall be implemented and incorporated in the project.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on historic and archaeological resources.
c. As discussed in the General Plan EIR (Section 4.5, Cultural and Tribal Cultural Resources), the potential to discover human burials within the Town exists even though much of the Town is built out. Excavation during construction activities would have the potential to disturb these resources. Therefore, development associated with the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, has the potential to disturb these unknown Native American burials.

The General Plan EIR determined that development under the General Plan (inclusive of the Housing Element Update) would be required to comply with existing regulations relating to the treatment of human remains in General Plan Goal ENV-12: Protect the Town’s archaeological and cultural resources to maintain and enhance a unique sense of place.

Development associated with the Housing Element Update would also be required to comply with General Plan Policy 12.4, which states that any human remains discovered during implementation of public or private projects within the Town shall be treated with respect and dignity, and Policy ENV-12.6, which encourages development to avoid impacts to burial sites by designing or clustering development to avoid archaeological deposits that may contain human remains.

Section C Evaluation of Environmental Impacts 32 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
As concluded in the General Plan EIR, implementation of these General Plan policies would help ensure that development carried out under the General Plan (including the Housing Element Update) would have a less than significant impact from potential disturbance of human remains, including those interred outside of formal cemeteries (p. 4.5-13).

The General Plan EIR adequately addressed the Housing Element Update’s potential to disturb human remains, including those interred outside of formal cemeteries.

Section C Evaluation of Environmental Impacts 33 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

6. ENERGY
Would the project:

Comments:
a. Construction Energy Demand. The General Plan EIR (Section 4.6, Energy) discusses the energy use during construction activities associated with implementation of the General Plan. It notes that construction would be temporary in nature and the construction equipment used would be typical of similar-sized construction projects in the region. Construction contractors would be required to comply with the provisions of the California Code of Regulations Title 13 Sections 2449 and 2485, which prohibit diesel-fueled commercial motor vehicles and off-road diesel vehicles from idling for more than five minutes and would minimize unnecessary fuel consumption. Development under the General Plan would also be required to comply with construction waste management practices to divert a minimum of 65 percent of construction debris, pursuant to the applicable regulatory requirements found in the California Green Building Standards Code. Compliance with these practices would result in efficient use of energy necessary to construct development under the General Plan. Therefore, the General Plan EIR concluded that the General Plan would not involve the inefficient, wasteful, and unnecessary use of energy during construction, and construction impacts related to energy consumption would be less than significant (p. 4.6-14).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, developers would be required to comply with the provisions of the California Code of Regulations Title 13 Sections 2449 and 2485 and the applicable regulatory requirements related to diversion of construction debris associated with the California Green Building Standards Code in order reduce unnecessary fuel consumption. The Housing Element Update would result in the development of residential uses. The Housing Element Update’s energy demand would not be excessive relative to total Santa Clara County-wide demand or relative to other land use projects and would not inherently be a source of wasteful energy demand.

Development associated with the Housing Element Update would consume energy, but it would not be inefficient, wasteful, or unnecessary. Therefore, the impact would be less than significant.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☐ ☐ ☒ ☐
b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☐ ☐ ☐ ☒

Section C Evaluation of Environmental Impacts 34 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Operational Energy Demand. Transportation Fuel Consumption - As discussed in the General Plan EIR (Section 4.6, Energy), operation of the development under the General Plan would contribute to regional energy demand by consuming electricity, natural gas, and gasoline and diesel fuels. The General Plan EIR states that fuel consumption is closely associated with vehicle miles traveled (VMT); the more miles a vehicle travels, the more fuel that is required and consumed by that vehicle. However, the General Plan EIR discusses how the VMT generated by the General Plan would not increase boundary VMT per capita (the VMT within a specific geographic region) in Santa Clara County and, therefore, the effects from VMT would be localized and not have regional impacts.

This is related to energy because it suggests that fuel consumption resulting from the General Plan would be consistent with regional trends and would not be wasteful or inefficient. In addition, this encourages high-density and mixed-use infill developments with project design that support multi-modal transportation, which improve energy efficiency because it places residents closer to places of employment. These factors would help minimize the potential for the General Plan to result in the wasteful, inefficient, or unnecessary consumption of vehicle fuels.

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, its VMT generation would not increase boundary VMT per capita in Santa Clara County suggesting that its fuel consumption, like the General Plan’s consumption, would be consistent with regional trends and would not be wasteful or inefficient. Implementation of the Housing Element Update would also involve high-density and mixed-use infill developments thereby improving energy efficiency.

Natural Gas and Electricity - Development under the General Plan would consume natural gas and electricity for building heating and power, lighting, and water conveyance, among other operational requirements. Implementation of the policies associated with General Plan Goal PFS-6, encouraging development that reduces the use of non-renewable energy resources and expands the use of renewable resources and alternative fuels, and those associated with General Plan Goal PFS-7, which promotes green buildings that minimizes consumption of energy and natural resources, would offset some of the overall energy demand facilitated by buildout under the General Plan. In addition, developments under the General Plan would be subject to the energy conservation requirements of the California Energy Code and the California Green Building Standards Code. In 2018, the California Building Standards Commission began to require that solar photovoltaic panels be installed on new low-rise residential buildings (i.e., single-family homes and multifamily buildings of three stories or less). Because this requirement would involve applicable new residential development under the General Plan, the operational energy demand would be supplemented with renewable energy sources to a greater degree.

Therefore, residential development facilitated by the General Plan would, in general, be less dependent on fossil fuels than previous development.

In addition, the General Plan EIR indicated that a greater proportion of electricity supplied for operational power needs in Los Gatos through 2040 would be sourced from

Section C Evaluation of Environmental Impacts 35 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
renewables. Renewable energy sources generally result in reduced long-term environmental impacts compared to non-renewables because renewable sources do not require combustion of coal or natural gas to generate electricity, which avoids environmental impacts associated with air pollution and greenhouse gas emissions.

The General Plan EIR concluded that development under the General Plan would not result in potentially significant environmental effects from wasteful, inefficient, or unnecessary consumption of energy and this impact would be less than significant (p. 4.6-14).

Development associated with the Housing Element Update would be required to comply with the above-mentioned goals and policies located with the Public Facilities, Services, and Infrastructure Element of the General Plan in order to reduce energy consumption by development. The Housing Element Update would also be subject to the energy conservation requirements of the California Energy Code and the California Green Building Standards Code, which would help offset some of the overall energy demand by the Housing Element Update. Development associated with the Housing Element Update would involve new single-family and multi-family structures three stories or less (i.e., low-rise residential buildings) and, therefore, would be required to install solar photovoltaic panels pursuant to the adopted 2018 modifications to Title 24 of the California Energy Code. Therefore, residential development facilitated by the Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would be less dependent on fossil fuels than existing development.

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, would result in less than significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during construction or operation. The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to energy demand during construction and operation.
b. Section 4.6, Energy, of the General Plan EIR discussed the General Plan’s consistency with state plans (California Green Building Standards Code and Title 24 of the California Energy Code) and a local plan (Los Gatos Sustainability Plan) for renewable energy or energy efficiency.

State. Any newly constructed buildings under the General Plan would be required to comply with all building design standards set in the California Building Code’s Title 24 (the California Green Building Standards Code is Part 11 of Title 24). Title 24 requires the implementation of energy efficient light fixtures and building materials into the design of new construction projects. The standards identified in Title 24 are updated every three years and each iteration is more energy efficient than the previous standards.

Development under the General Plan would also be required to comply with Senate Bill 100, which mandates 100 percent clean electricity for California by 2045. Impacts related to consistency of the General Plan with applicable state plans for increased energy efficiency and renewable energy use would be less than significant (p. 4.6-15).

Section C Evaluation of Environmental Impacts 36 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, would also be required to comply with all applicable building design standards identified above and within Title 24.

Compliance with these standards would allow development under the Housing Element Update to result in more efficient consumption of energy through design features such as efficient light fixtures and building materials. Additionally, because development associated with the Housing Element Update would be powered by the existing electricity grid, it would be powered by renewable energy mandated by Senate Bill 100. The Housing Element Update, therefore, would not conflict with or obstruct a state plan for renewable energy or energy efficiency.

Local. The Los Gatos Sustainability Plan was adopted as a long-term strategy to reduce greenhouse gas emissions in the Town and further implement sustainability measures from the previous general plan. The document focuses on five sectors, providing specific measures to reduce greenhouse gas emissions from each sector in order to achieve the Town’s reduction target of reducing greenhouse gas emissions 15 percent below baseline emissions (2008 or earlier) by 2020. The sectors covered in this plan are Transportation and Land Use, Energy, Water, Solid Waste, and Open Space.

The General Plan EIR evaluates the General Plan’s consistency against the Los Gatos Sustainability Plan in Table 4.6-5, and concludes that the General Plan would be consistent with the plan and the energy efficiency strategies contained therein. Impacts related to consistency of the General Plan with applicable local plans for increased energy efficiency and renewable energy use would be less than significant (p. 4.6-21).

Development associated with the Housing Element Update would be consistent with the growth projections evaluated in the General Plan EIR and, therefore, would implement those applicable General Plan goals and policies identified in the consistency analysis (Table 4.6-5 of the General Plan EIR) in order to comply with the sustainability measures of the Los Gatos Sustainability Plan. For these reasons, the Housing Element Update would not conflict with applicable local plans for increased energy efficiency and renewable energy use.

The General Plan EIR adequately addresses the Housing Element Update’s potential to conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

Section C Evaluation of Environmental Impacts 37 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

7. GEOLOGY AND SOILS
Would the project:

Comments:
a. Earthquake Rupture. No known fault crosses any one of the sites associated with the Housing Element Update and the sites are not located in an Alquist-Priolo Earthquake Zone; the nearest Alquist-Priolo Earthquake Zone is approximately three miles southwest of the southernmost site associated with the Housing Element Update (California Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:

(1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42?
☐ ☐ ☐ ☒
(2) Strong seismic ground shaking? ☐ ☐ ☒ ☐
(3) Seismic-related ground failure, including
liquefaction?
☐ ☐ ☒ ☐
(4) Landslides? ☐ ☐ ☐ ☒
b. Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
☐ ☐ ☒ ☐
d. Be located on expansive soil, creating substantial
direct or indirect risks to life or property?
☐ ☐ ☒ ☐
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the disposal of wastewater?
☐ ☐ ☐ ☒
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
☐ ☒ ☐ ☐

Section C Evaluation of Environmental Impacts 38 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Department of Conservation 2022). Further, Section 4.7, Geology and Soils, of the General Plan EIR states that fault rupture is unlikely to affect new or existing structures in the Town because the only Alquist-Priolo Earthquake Zone is located west of the Town’s western limits (p. 4.7-19). Therefore, development associated with the Housing Element Update would also not exacerbate impacts related to earthquake rupture for faults in an Alquist-Priolo Earthquake Zone.

The General Plan EIR adequately addressed the Housing Element Update’s potential to directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault.

Seismic Ground-Shaking. The Town is located in an active seismic region with three faults running through it (Blossom Hill Fault, Shannon Fault, and Berrocal Fault), which would subject the Town to very strong ground shaking. According to the General Plan EIR (Section 4.7, Geology and Soils), ground shaking risk would be primarily in the northern portion of the Town.

Development under the General Plan would result in additional residential and nonresidential development within the Town, which would potentially expose people and structures to the effects of seismic ground shaking events. However, the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would involve infill development, which would in many cases replace older structures subject to seismic damage with newer structures built to current seismic standards that could better withstand the adverse effects of strong ground shaking (p. 4.7- 19). Potential structural damage and the exposure of people to the risk of injury or death from structural failure would be minimized by compliance with the California Building Code engineering design and construction measures. Foundations and other structural support features for development consistent with the General Plan would be designed to resist or absorb damaging forces from strong ground shaking.

The Housing Element Update would be required to comply with General Plan Policy HAZ-4.1, which requires new development to be sited away from high risk geologic and seismic hazard zones or, if located in a high-risk zone, incorporate construction techniques to reduce risk; Policy HAZ-4.2, which requires a geotechnical report to be prepared for new development proposed in hazard zones mapped by the state or the Town; Policies HAZ-4.3 and HAZ-4.4, which both require, respectively, that a geotechnical report is prepared for development with significant grading, potential erosion, and sedimentation hazards and for developments proposed in areas with identified geologic hazards; and Policy HAZ-4.8, which requires that a licensed geologic/geotechnical engineer complete the Town Geologic Hazards Checklist to demonstrate that potential hazards have been identified and that proposed structures will be designed to resist potential earthquake effects (Town of Los Gatos June 2022a). The General Plan EIR concludes that implementation of the mandatory California Building Code requirements and the General Plan’s goals and policies would reduce the potential for loss, injury, or death following a seismic event to a less-than-significant level.

Section C Evaluation of Environmental Impacts 39 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The housing sites associated with the Housing Element Update are located in areas of medium to high ground-shaking intensity, according to the General Plan EIR’s Figure

4.7-4. However, development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would not exacerbate seismic hazards associated with seismic ground shaking. The Housing Element Update would be required to implement the requirements of the California Building Code and applicable General Plan policies to ensure that impacts related to seismic ground-shaking are less than significant.

The General Plan EIR adequately addressed the Housing Element Update’s potential to directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic ground-shaking.

Liquefaction. According to the California Department of Conservation’s mapping, the Town includes areas susceptible to liquefaction located generally in the center of the Town and along State Route 17 (California Department of Conservation 2022). Most, if not all, of the sites associated with the Housing Element Update are in areas of liquefaction susceptibility. According to the General Plan EIR (Section 4.7, Geology and Soils), foundations and other structural support features for development under the General Plan, including the Housing Element Update, would be designed to resist or absorb damaging forces from liquefaction (p. 4.7-20). The Housing Element Update would be required to comply with General Plan policies identified under the discussion for Seismic Ground-Shaking, above.

Implementation of General Plan policies, in addition to compliance with applicable laws and regulations, would minimize the potential for loss, injury, or death following a seismic event and would reduce impacts to a less-than-significant level (Town of Los Gatos 2021, p. 4.7-21). Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would comply with the General Plan policies listed above and applicable laws and regulations of the California Building Code to ensure impacts are reduced to a less-than-significant level.

The General Plan EIR adequately addressed the Housing Element Update’s potential to directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving liquefaction.

Landslides. According to the California Department of Conservation’s mapping, the Town has areas susceptible to landslides throughout much of the southern and eastern portions of the Town and extending as far north as Blossom Hill Road (California Department of Conservation 2022). Outside of the hillside areas of the Town, there is potential for landslides and slope instability along the steep banks of drainages, and steep graded slopes associated with excavations. However, according to Section 4.7, Geology and Soils, of the General Plan EIR, landslide potential is minimal in the gently sloping west central and northernmost portions of the Town (Town of Los Gatos 2021,

Section C Evaluation of Environmental Impacts 40 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
p. 4.7-19). None of the sites associated with the Housing Element Update are located within these landslide hazard zones and, therefore, development of these sites would not exacerbate landslide hazards through grading or other site modification activities that reduce slope stability.

The General Plan EIR adequately addressed the Housing Element Update’s potential to directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides.
b. Wind and water are the main forces that cause soil erosion. Depending on how well exposed soil surfaces are protected from these forces, the erosion process can be very slow or rapid. Removal of natural or manufactured protection can result in substantial soil erosion and excessive sedimentation. Construction activities that would occur on individual sites associated with the Housing Element Update represent the greatest potential cause of erosion.

According to the General Plan EIR (Section 4.7, Geology and Soils), new development under the General Plan would involve construction activities that may result in loose or disturbed soils in the Town, which can increase the potential for erosion and loss of topsoil.

Construction activities that disturb one or more acres of soil and, therefore, would be subject to the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities adopted by the State Water Resources Control Board under the Clean Water Act. The Town’s Municipal Code Chapter 22, Article III enforces compliance with the Construction General Permit. Development of any site that disturbs more than one acre of soil will also be required to file a Notice of Intent with the State Water Resources Control Board and prepare a Storm Water Pollution Prevention Plan describing erosion and sediment control best management practices. Chapter 12 of the Town’s Municipal Code also provides regulatory standards to ensure grading, erosion, and sediment associated with development are minimized.

Many of the sites associated with the Housing Element Update would involve construction activities that disturb one or more acres of soil and, therefore, would be subject to the General Permit and be required to prepare a Storm Water Pollution Prevention Plan. Compliance is also required with the Town’s Municipal Code Chapter 12 that provides regulatory standards to ensure grading, erosion, and sediment associated with development are minimized. Development under the General Plan would be required to implement applicable General Plan policies and goals that would ensure that construction projects minimize their potential impacts related to erosion. Compliance with applicable laws and regulation, as well as implementation of applicable General Plan policies, would reduce impacts to a less-than-significant level (Town of Los Gatos 2021, p. 4.7-23).

Section C Evaluation of Environmental Impacts 41 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
According to the General Plan EIR, potential for erosion in Los Gatos is highest in the eastern, southern, and southwestern areas of the Town, with its potential decreasing toward the center of the Town and minimal in the flat areas just east of State Route 17.

The sites associated with the Housing Element Update are centrally located in the Town, along and east of State Route 17, with a few sites in the southwestern and northern ends of the Town. Therefore, there is potential for development associated with the Housing Element Update to result in soil erosion or loss of topsoil.

Development associated with the Housing Element Update would be required to comply with General Plan Policy ENV-15.1, which requires all new developments in areas subject to soil erosion to prepare erosion control plans to minimize soil erosion; Policy ENV15.2, which requires that grading permits be issued to ensure that the grading of slopes and sites proposed for development will be minimized; and Policy ENV-16.9, which requires that pollution in urban runoff be reduced from residential land use activities and other land uses.

Adherence to the state’s stormwater discharge permitting requirements, in addition to the above-mentioned General Plan policies, would ensure that potential impacts associated with soil erosion and loss of topsoil would be less than significant.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts associated with soil erosion and the loss of topsoil. c. According to the General Plan EIR (Section 4.7, Geology and Soils), development under the General Plan would result in additional residential and nonresidential development within the Town that would be potentially exposed to the effects of unstable soils.

However, potential structural damage and the exposure of people to the risks from unstable soils from structural failure would be minimized by compliance with the California Building Code engineering design and construction measures. Foundations and other structural support features would be designed to resist or absorb damaging forces from strong ground shaking and liquefaction. In addition to compliance with mandatory California Building Code requirements, implementation of applicable General Plan goals and policies, such as those listed previously in this section, would reduce the potential for development under the General Plan to exacerbate unstable soil conditions and ensure impacts are less than significant (p. 4.7-20 to 4.7-21).

Structures constructed on soils which are prone to liquefaction are subject to damage and possible collapse as a result of settlement and lateral spreading due to liquefaction (Town of Los Gatos 2021, p. 4.7-13). As discussed previously, most of the housing sites associated with the Housing Element Update are located on land that is susceptible to liquefaction. Development on the sites associated with the Housing Element Update could also result in soil erosion or loss of topsoil.

Construction activities on the individual housing sites associated with the Housing Element Update could risk exacerbating unstable soil conditions during grading and/or other site development/excavation activities. Developers are required to comply with the

Section C Evaluation of Environmental Impacts 42 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
General Plan policies identified in checklist questions “a” and “b” as well as the applicable requirements of the California Building Code. A detailed review of design and construction plans and incorporation of additional structural safety features would be required on a project-by-project basis, as necessary, for structures that would be located in areas subject to soil that is unstable, or that would become unstable as a result of the Housing Element Update.

Implementation of the applicable General Plan policies and the California Building Code would reduce the adverse effects of unstable geologic units and reduce the potential to exacerbate soil instability hazards to a less-than-significant level.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts associated with unstable soils.
d. According to the General Plan EIR (Section 4.7, Geology and Soils), the clay minerals in the Town’s clay and clay loam soils are prone to expansion and have moderate to high shrink-swell potential (p. 4.7-23). The California Building Code includes requirements to address soil-related hazards such as the removal, proper fill selection, and compaction of soil. In cases where soil remediation is not feasible, the California Building Code requires structural reinforcement of foundations to resist the forces of expansive soils. According to the General Plan EIR, compliance with the requirements of the California Building Code would reduce impacts related to expansive soils to a less-than-significant level (p.

4.7-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would be required to comply with the applicable requirements of the California Building Code. Therefore, impacts related to expansive soils on the individual sites associated with the Housing Element Update would be less than significant.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts associated with expansive soils.
e. Development under the General Plan encourages infill development and redevelopment within the Town of Los Gatos limits and would minimize encroachment into open space areas where wastewater infrastructure does not currently exist. Therefore, Section 4.7, Geology and Soils, of the General Plan EIR concludes that the General Plan would result in less than significant impacts related to soils that are incapable of supporting septic tanks or alternative wastewater disposal systems (p. 4.7-24).

All proposed sites associated with the Housing Element Update would connect into the Town’s existing sanitary sewer system and, therefore, no impacts associated with soils supporting the use of septic tanks would occur.

The General Plan EIR adequately addressed the Housing Element Update’s potential to have soils onsite that are incapable of adequately supporting the use of septic tanks.

Section C Evaluation of Environmental Impacts 43 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
f. According to the General Plan EIR (Section 4.7, Geology and Soils), the geologic units exposed at ground surface in the Town and the vicinity include Mesozoic rocks of the Franciscan Assemblage, the Miocene Temblor Sandstone, the Miocene Monterey Formation, the Pliocene-Pleistocene Santa Clara Formation, and Quaternary Alluvium.

The Miocene to Pleistocene sedimentary deposits in the Town have a high potential to yield paleontological resources (Town of Los Gatos 2021, p. 4.7-24). Therefore, paleontological resources may be encountered during any ground-disturbing activities associated with implementation of the General Plan. Directly or indirectly destroying a unique paleontological site is considered a significant environmental impact and, therefore, the General Plan would be required to comply with General Plan Policy ENV-12.5, requiring that if cultural resources, including paleontological resources, are uncovered during grading or other onsite excavation activities, construction shall stop until appropriate mitigation is implemented. Additionally, implementation of the following mitigation measure would ensure this potential impact would be less than significant (p. 4.7-25).

Mitigation Measure
GEO-1 The Town shall require paleontological resource studies for projects that involve ground disturbance in project areas mapped as high paleontological sensitivity at the surface or subsurface determined through environmental review. Additionally, in the event that a paleontological resource is disclosed, construction activities in the area shall be suspended, a qualified paleontologist shall be retained to examine the site, and protective measures shall be implemented to protect the paleontological resource.

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and may encounter unknown paleontological resources during construction activities. The Housing Element Update would be required to implement Mitigation Measure GEO-1 in order to ensure impacts would be less than significant.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts associated with paleontological resources.

Section C Evaluation of Environmental Impacts 44 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

8. GREENHOUSE GAS EMISSIONS
Would the project:

Comments:
a. According to the General Plan EIR (Section 4.8, Greenhouse Gas Emissions), development facilitated by the General Plan would involve activities, such as construction demolition and grading, that would result in greenhouse gas (GHG) emissions. The Bay Area Air Quality Management District does not have plan-level significance thresholds for construction GHG emissions that would apply to the General Plan. Therefore, the General Plan EIR determined that no significance conclusion would be made with regard to General Plan programmatic construction-related GHG emissions alone; rather operational and total (construction plus operational) programmatic GHG emissions are assessed with regard to significance level (Town of Los Gatos 2021, p. 4.8-25).

Los Gatos GHG emissions are based on the Los Gatos communitywide 2008 emissions inventory and communitywide GHG emissions anticipated related to ongoing activities within the community and buildout of the General Plan. Projected GHG emissions for 2030, 2040, and 2045 include implementation of the General Plan as well as several state and local GHG reduction actions that are assumed to be implemented (p. 4.8-25). The General Plan EIR determined that the GHG emissions generated by the General Plan would exceed the 2030 efficiency threshold of 3.31 metric tons of carbon dioxide equivalents (CO2e) per service person per year as well as exceed the 2040 efficiency threshold of 1.02 metric tons of CO2e per service person per year.

The General Plan EIR explains that while various goals, policies, and implementation programs contained in the General Plan would implementation some GHG emission reduction strategies related to energy use and vehicle miles traveled reduction, development under the General Plan would not achieve GHG reductions to reach less than significant levels (represented by equal to or less than 3.31 per capita metric tons CO2e per service person per year and by 2030 and 1.02 per capita metric tons CO2e per service person per year by 2040). The General Plan EIR indicates that the exceedance is primarily due to on-road vehicle miles traveled, which accounts for approximately 81 percent of the total emissions, and the main barrier to reducing vehicle miles traveled is the lack of public transit options in the Town.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☒ ☐ ☐ ☐
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☒ ☐ ☐ ☐

Section C Evaluation of Environmental Impacts 45 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
As discussed in Section 17.0, Transportation, the greatest reduction in vehicle miles traveled would be from the regional level reduction strategies outlined in Mitigation Measure T-1, which is explained as not possible since the Town cannot guarantee that other agencies and municipalities would participate in the regional strategies. Because of these limitations, development under the General Plan would be required to implement Mitigation Measure GHG-1.

Mitigation Measure
GHG-1 Los Gatos shall implement the following GHG emissions reduction measures by sector:

Energy (EN)
 Measure EN1: Adopt an ordinance requiring new commercial construction to be all electric or otherwise operationally carbon neutral by 2025: Adopt a new building ordinance which bans the installation of natural gas in new commercial construction by 2025 and requires new commercial buildings to install all-electric equipment or otherwise be operationally carbon neutral. Support this action by conducting outreach and education to local developers about the benefits and resources associated with building carbon neutral buildings.
 Measure EN2: Identify and partner with stakeholders to conduct electrification outreach, promotion, and education: Leverage partnerships with stakeholders to conduct outreach, promotion, and education around new and existing building electrification.  Measure EN3: Develop a Community wide Existing Residential Building Electrification Plan (EBEP): Support community-wide existing building electrification through the development of an EBEP that addresses the feasibility, timeline, equity concerns, local stakeholder involvement, costs, funding pathways, and
implementation for electrifying existing residential buildings in Los Gatos.
 Measure EN4: Electrify existing residential buildings beginning in 2023: Adopt an electrification ordinance for existing residential buildings to transition natural gas to electric in two phases, to be implemented through the building permit process:
 Phase I: Limit expansion of natural gas lines in existing buildings by 2023.
 Phase II: Require HVAC system replacements and hot water heaters replacements to be all-electric by 2023.

Section C Evaluation of Environmental Impacts 46 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
 Measure EN5: Identify and partner with stakeholders to develop resident-level funding pathways for implementing electrification ordinance: Leverage partnerships with stakeholders and establish funding pathways to ease community members’ costs when complying with the electrification ordinance, including:
 Pass a transfer tax ordinance and provide a rebate for electric panels and/or other upgrades.
 Partner with PG&E, SVCE, and/or other stakeholders to create or expand electrification/retrofit programs and incentives, especially for low-income residents. These could include the PACE program, PG&E’s low-income weatherization. program, tariffed on-bill financing, metered energy efficiency, or others.  Measure EN6: Decarbonize municipal buildings by 2040: Adopt a municipal building energy decarbonization plan to decarbonize municipal building energy operations by 2040. This plan would include a new building electrification policy as well as an existing building natural gas phase-out policy.
 Measure EN7: Coordinate with stakeholders to provide local energy generation support and incentives for the community: Partner with PG&E, SVCE, and/or other stakeholders to support and incentivize local on-site energy generation and storage resources within the community.
 Measure EN8: Develop an EV Readiness Plan to Support
Installation of 794 Chargers by 2030: Develop an EV Readiness Plan that supports the installation of 794 chargers (at least 160 of which would be public chargers) and a 30 percent EV share of registered passenger vehicles in Los Gatos by 2030. This plan should establish a path forward to increase EV for implementation of public charging infrastructure in key locations. In conjunction with an EV Readiness Plan, conduct a community EV Feasibility Study to assess infrastructure needs and challenges, particularly in frontline communities.
 Measure EN9: Increase privately owned EV charging infrastructure:

Amend the Town’s Building Code and Local Reach Code to require the following:
 EV capable attached private garages for new single-family and duplex residential development;
 20 percent EV capable charging spaces and panel capacity for new multi-family residential development;

Section C Evaluation of Environmental Impacts 47 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
 20 percent EV capable charging spaces for new commercial development; and
 At least 1 percent working chargers for all new development and major retrofits.
 Measure EN10: Increase Town-owned and publicly accessible EV charging infrastructure: Work with public and private partners to ensure there are sufficient publicly accessible DCFC and Level 2 EV chargers around the Town by 2030, with a focus on providing access to low-income households and affordable housing. Install new publicly accessible EV chargers at Town-owned facilities. Develop and implement a fee for use of Town-owned chargers to encourage efficient use and turnover, especially for those without home charging capability.
 Measure EN11: Identify and partner with stakeholders to develop EV-related rebates: Investigate partnerships with public and private partners for rebates on at-home electric circuits, panel upgrades, and Level 2 chargers, with a focus on supporting EV purchases for lowincome households in frontline communities.  Measure EN12: Encourage EV adoption and infrastructure improvements: Conduct outreach, promotion, and education to encourage EV adoption and infrastructure improvements. This would include the following:
 Providing education and outreach to the community on the benefits of ZEVs, availability of public charging, and relevant rebates and incentives available for businesses and residents.  Working with major employers to provide EV charging for employees and encourage EV adoption among employees.

Transportation (TR)
 Measure TR1: Implement Full Recommended Buildout of the Bicycle and Pedestrian Master Plan (BPMP): Fully implement the BPMP and add 23.2 new miles of bike network by 2035 to achieve 6 percent bicycle mode share by 2035.
 Measure TR2: Identify and partner with stakeholders to conduct outreach, promotion, and education: Leverage partnerships with stakeholders to conduct ongoing outreach, promotion, and education around active transportation in Los Gatos. This could include:

Section C Evaluation of Environmental Impacts 48 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
 Establishing Town-wide events or programs that promote active transportation in the community;
 Regularly updating the Town’s Bicycle and Pedestrian
Network Map and sharing through Town and stakeholder
partnership platforms;
 Supporting local bike groups in hosting workshops and classes on bike riding, safety, and maintenance by certified instructors;  Instituting car-free days downtown, potentially coupled with other large and regular events; or
 Consolidating a list of local employer-provided bicycle parking, lockers, showers, and incentives as a demonstration tool for other interested employers.
 Measure TR3: Facilitate a bike share program: Conduct a bike share pilot program and facilitate full implementation of a bike share program within the Town.
 Measure TR4: Establish parking meter rates and invest in transportation improvements: Establish parking meter rates, considering dynamic parking pricing in the downtown area.

Allocate a designated portion of paid parking revenue to investing in TDM strategies that will ensure cost-effective downtown access by improving transit, bicycle facilities, and create incentives for people to avoid driving.
 Measure TR5: Improve curbside management: Improve curbside management, including updating the municipal code to require active loading only, prohibit double parking, define locations for additional loading zones, and design loading zone signage.  Measure TR6: Require transportation system management for new construction: Draft and implement a Transportation System Management Plan (TSMP) ordinance for new construction to allow the Town to shift travel behavior away from singleoccupancy vehicles. Ensure telecommuting is an optional trip reduction strategy.
 Measure TR7: Eliminate parking minimums for developments:

Remove parking minimums and establish parking maximums.

Section C Evaluation of Environmental Impacts 49 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Waste (WS)
 Measure WS1: Require residential and commercial organic waste collection consistent with SB 1383 requirements: Work with local waste haulers and other community partners to expand organic waste collection capacity. Pass an ordinance by 2022 requiring residential and commercial organics generators to subscribe to organics collection programs or alternatively report organics selfhauling and/or backhauling. Allow limited waivers and exemptions to generators for de minimis volumes and physical space constraints and maintain records for waivers/exemptions.  Measure WS2: Require edible food recovery consistent with SB 1383 requirements: Adopt an edible food recovery ordinance or similarly enforceable mechanism to ensure edible food generators, food recovery services, and food recovery organizations comply with requirements to increase recovery rates.

As discussed in the General Plan EIR, even with implementation of Mitigation Measure GHG-1 requiring community GHG reduction measures, the General Plan would result in emissions that exceed GHG efficiency thresholds and, therefore, state targets. As a result, impacts related to the generation of GHG emissions under the General Plan would be significant and unavoidable with mitigation incorporated (p. 4.8-31).

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

Development associated with the Housing Element Update is part of the significant and unavoidable cumulative GHG emissions impacts associated with the General Plan and, 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 GHG emissions impacts even after implementation of Mitigation Measure GHG-1.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to GHG emissions.
b. Development under the General Plan would result in additional GHG emissions due to construction, an increase in mobile sources, more building space requiring more heating and cooling, etc. Section 4.8, Greenhouse Gas Emissions, of the General Plan EIR evaluated the General Plan’s consistency with the California Air Resources Board 2017 Scoping Plan (which provides the framework for achieving the 2030 target related to GHG emissions), Senate Bill 32 (which codifies the statewide goal of reducing GHG emissions to 1990 levels by 2020), and Executive Order B-55-18 (an executive order mandating the state to achieve carbon neutrality by no later than 2045). The General Plan EIR determined that the General Plan would conflict with the reduction targets of all three state plans identified above and would contribute to climate change. Therefore, implementation of Mitigation Measure GHG-1 would be required.

Section C Evaluation of Environmental Impacts 50 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
However, even with implementation of Mitigation Measure GHG-1, total and per capita Los Gatos GHG emissions would not be reduced to a level below state targets by 2030 and 2040. Additionally, the General Plan was determined to impede “substantial progress” toward meeting the California Air Resources Board 2017 Scoping Plan, Senate Bill 32, and Executive Order B-55-18 targets. Therefore, impacts would be significant and unavoidable even with mitigation incorporated (p. 4.8-32).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and has been evaluated by the General Plan EIR. Development associated with the Housing Element Update is part of the significant and unavoidable cumulative GHG emissions impacts associated with the General Plan and, 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 impacts related to consistency with applicable state plans, even after implementation of Mitigation Measure GHG-1.

The General Plan EIR adequately addressed the Housing Element Update’s potential to conflict with an applicable state plan related to GHG emissions and targets.

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 GHG emissions.

Section C Evaluation of Environmental Impacts 51 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Comments:
a. According to the General Plan EIR (Section 4.9, Hazards and Hazardous Materials), development facilitated by the General Plan would result in approximately 156,400 square feet of manufacturing development, which would increase the overall routine transport, use, and disposal of hazardous materials in Los Gatos.

Documentation of compliance with hazardous materials regulations codified in the California Code of Regulations titles 8, 22, and 26 is required for all hazardous materials and hazardous waste transport. Individual contractors and property owners must comply with all applicable federal and state laws and regulations pertaining to the transport, use, Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☐ ☒
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☐ ☐ ☒ ☐
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☐ ☐ ☐ ☒
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a result,
create a significant hazard to the public or the
environment?
☐ ☐ ☒ ☐
e. For a project located within an airport land-use plan or, where such a plan has not been adopted, within
two miles of a public airport or a public-use airport,
result in a safety hazard or excessive noise for people residing or working in the project area?
☐ ☐ ☐ ☒
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☐ ☐ ☐ ☒
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
☐ ☐ ☒ ☐

Section C Evaluation of Environmental Impacts 52 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
disposal, handling, and storage of hazardous waste, including but not limited to, Title 49 of the Code of Federal Regulations. Adherence to applicable regulations and laws would reduce accidental release of hazardous materials during transport. In addition to mandatory adherence to laws and regulations, the General Plan contains goals and policies that would apply to routine transport, use, or disposal of hazardous materials such as those policies associated with General Plan Goals HAZ-7 and MOB-15 (Town of Los Gatos 2021, p. 4.9-17).

The overall quantity of hazardous materials used and requiring disposal in Los Gatos could incrementally increase as a result of development under the General Plan.

However, all new development would be required to comply with existing applicable regulations, programs, and standards as well as implementation of applicable General Plan goals and policies, which would minimize risks from routine transport, use, and disposal of hazardous materials and result in less than significant impacts (p. 4.9-19).

Development associated with the Housing Element Update involves only residential development and would not involve industrial or commercial development that more commonly involve the storing, using, transporting and/or disposing of hazardous materials. Therefore, the Housing Element Update would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous material.

The General Plan EIR adequately addressed the Housing Element Update’s potential impact related to the routine transport, use, or disposal of hazardous materials. b. The General Plan facilitates and encourages infill development throughout the Town, which could require the demolition of existing uses to facilitate future development. If such buildings identified for demolition were constructed prior to the 1970s. Section 4.9, Hazards and Hazardous Materials, of the General Plan EIR states that lead and asbestos could be present and released into the environment during demolition activities. The California Department of Public Health, the California Department of Industrial Relations, Division of Occupational Safety and Health Administration, and the Bay Area Air Quality Management District regulate lead and asbestos abatement necessary for construction and redevelopment projects. California Code of Regulations Section 1532.1 requires testing, monitoring, containment, and disposal of lead‐based materials such that exposure levels do not exceed California Department of Industrial Relations, Division of Occupational Safety and Health Administration standards. The control of asbestos during demolition or renovation of buildings is regulated under the Federal Clean Air Act. Compliance with the mandatory requirements of California Code of Regulations and the Federal Clean Air Act would reduce the potential hazards and risks associated with release of lead and asbestos. Oversight by the appropriate agencies would ensure that impacts related to the potential accident conditions involving the release of hazardous materials into the environment would be less than significant (Town of Los Gatos 2021, p. 4.9-19).

Section C Evaluation of Environmental Impacts 53 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Development associated with the Housing Element Update would involve the demolition of existing structures as it focuses on infill development and redevelopment. It is unknown at this time if any of the existing structures were constructed prior to the 1970s and whether or not hazardous materials are present on each site. As individual development associated with the Housing Element Update are proposed, a Phase I Environmental Site Assessment would be required for new development on proposed land that may be contaminated with hazardous materials or waste, pursuant to General Plan Policy HAZ-7.2. Should lead and asbestos be detected on any one of the sites associated with the Housing Element Update, the development would be required to comply with the mandatory requirements of the California Code of Regulations and the Federal Clean Air Act to reduce the potential hazards and risks related to the release of lead and asbestos.

Development under the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Therefore, impacts related to the potential for accident conditions involving the release of hazardous materials into the environment would be less than significant.

The General Plan EIR adequately addressed the Housing Element Update’s potential impact related to the accidental release of hazardous materials into the environment. c. Schools are located throughout Los Gatos. The General Plan would facilitate various types of development throughout the Town of Los Gatos; residential and office uses do not typically emit hazardous materials, and it is not possible to know the quantity of hazardous materials proposed for use at the future commercial and industrial development sites. Although the quantities of hazardous material used at the future commercial and industrial development cannot be known, Section 4.9, Hazards and Hazardous Materials, of the General Plan EIR determines that this type of development could occur within one-quarter mile of existing public or private schools in Los Gatos.

However, development under the General Plan would be required to comply with the provisions of the California Fire Code adopted by the Town (Chapter 12, Article II) and the Santa Clara County Fire Department Certified Unified Program Agency requirements that comply with provisions set forth in the California Health and Safety Code, Division 20, Chapter 6.95, Articles 1 and 2. Impacts would be less than significant (Town of Los Gatos 2021, p. 4.9-20).

The Housing Element Update, which is consistent with the growth projections evaluated in the General Plan EIR, would result in development within one-quarter mile of existing schools. However, the Housing Element Update involves only residential development, which does not typically generate or emit hazardous materials. Therefore, the Housing Element Update would not result in hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to hazardous emissions within one-quarter mile of a school.

Section C Evaluation of Environmental Impacts 54 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
d. Existing sites in Los Gatos that may contain hazardous land uses or contamination from land uses that were on the sites previously generators of hazardous waste, such as gas stations, dry cleaners, and industrial uses. According to the General Plan EIR (Section

4.9, Hazards and Hazardous Materials), there are active or open sites containing or potentially containing hazardous materials contamination within the Town limits.

Development facilitated by the General Plan on these sites could expose construction workers and future occupants of the new uses to hazardous materials (p. 4.9-21). It is also possible that unknown underground storage tanks may be present within the Town; if one is uncovered or disturbed during construction activities, it would be removed under permit from the Santa Clara County Fire Department; tank removal activities could also pose health and safety risks.

Development at any one of these known sites would be subject to investigation, remediation, and cleanup under the supervision of the Regional Water Quality Control Board, the Santa Clara Valley Water District (Valley Water), or the California Department of Toxic Substances and Control before construction activities could begin. In addition, development would be required to comply with General Plan Goal HAZ-7 (reduce the potential for injuries, damage to property, economic and social displacement, and loss of life resulting from hazardous materials is eliminated) and its associated policies, reducing the potential for release of hazardous substances through inter-organization cooperation, site assessments, and hazardous material storage monitoring. Risks posed by underground storage tanks would be minimized by managing the tank according to existing standards contained in Division 20, Chapters 6.7 and 6.75 (Underground Storage Tank Program) of the California Health and Safety Code as enforced and monitored by the Environmental Programs Division. Compliance with existing state and local regulations, in addition to implementation of applicable General Plan policies, would reduce risks related to hazardous material sites to a less-than-significant level (Town of Los Gatos 2021, p. 4.9-22).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and would not occur on sites identified by the Town as active or open sites containing or potentially containing hazardous materials contamination. However, it is possible that unknown underground storage tanks may be present within those sites associated with the Housing Element Update. Disturbance or removal activities related to underground storage tanks could pose health and safety risks.

As previously stated, risks posed by underground storage tanks would be minimized by managing the tank according to existing standards contained in Division 20, Chapters 6.7 and 6.75 (Underground Storage Tank Program) of the California Health and Safety Code as enforced and monitored by the Environmental Programs Division. Implementation of applicable General Plan policies such as Policy HAZ-7.2, which requires a Phase I Site Assessment for new development proposed on land that may be contaminated with hazardous materials or waste, would reduce risks posed by the underground storage tanks.

Section C Evaluation of Environmental Impacts 55 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Compliance with existing state and local regulations, in addition to implementation of applicable General Plan policies, would reduce the Housing Element Update’s potential risks of disturbing unknown underground storage tanks during construction activities to a less-than-significant level.

The General Plan EIR adequately addresses the Housing Element Update’s potential impacts related to hazardous material sites.
e. According to the General Plan EIR (Section 4.9, Hazards and Hazardous Materials), there are no public or private airports within or adjacent to the Town and the Town of Los Gatos is entirely outside the area of influence for the airport (Town of Los Gatos 2021, p. 4.9-22). Therefore, development of the Housing Element Update would have no impact related to airports or their influence areas.

The General Plan EIR adequately addressed the Housing Element Update’s potential impact related to airports and airport land use plans.
f. Development facilitated by the General Plan would accommodate future population growth and would increase vehicle miles in the Town, which could lead to increased congestion during emergency evacuations. Section 4.9, Hazards and Hazardous Materials, of the General Plan EIR explains that the Town adopted an Emergency Operations Plan, which provides guidance on effective emergency response approaches, and the Santa Clara County Office of Emergency Services developed an Operational Area Hazard Mitigation Plan, which details target programs for improving emergency preparedness and response in cooperation with local jurisdictions, including the Town of Los Gatos. Additionally, the General Plan includes policies that address emergency response, all of which are designed to align with programs set forth in the Santa Clara County-wide Hazard Mitigation Plan.

Development under the General Plan would be required to implement all applicable General Plan policies and programs outlined in the local emergency plans associated with emergency planning and response. Implementation of which would result in less than significant impacts (Town of Los Gatos 2021, p. 4.9-23).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR. Individual development under the Housing Element Update would implement the programs of the local emergency response plans as well as applicable General Plan policies, as appropriate. Because development associated with the Housing Element Update would involve infill development and redevelopment of sites, it would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan.

The General Plan EIR adequately addressed the Housing Element Update’s potential interference with an adopted emergency response plan or evacuation plan.

Section C Evaluation of Environmental Impacts 56 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
g. Development associated with the Housing Element Update would result in the exposure of people or structures to risks involving wildfires. Refer to Section 20.0, Wildfire, for the analysis of risk of exposure involving wildland fires.

Section C Evaluation of Environmental Impacts 57 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

10. HYDROLOGY AND WATER QUALITY
Would the project:

Comments:
a. According to the General Plan EIR (Section 4.10, Hydrology and Water Quality), construction activities facilitated by the General Plan could include road improvements and realignments, installation and realignment of utilities, demolition of existing structures for replacement, new development, and the potential replacement and/or improvements of drainage facilities. Construction activity could result in the alteration of existing drainage patterns and soil erosion due to earth-moving activities. Disturbed soils Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or ground water quality?
☐ ☐ ☐ ☒
b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☐ ☐ ☒ ☐
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
(1) Result in substantial erosion or siltation on- or offsite; ☐ ☐ ☒ ☐
(2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor off-site; ☐ ☐ ☒ ☐
(3) Create or contribute runoff water that would exceed the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff; or
☐ ☐ ☒ ☐
(4) Impede or redirect flood flows? ☐ ☐ ☒ ☐
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
☐ ☐ ☐ ☒
e. Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☐ ☐ ☒ ☐

Section C Evaluation of Environmental Impacts 58 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
would be susceptible to erosion from wind and rain, resulting in sediment transport via stormwater runoff from the construction sites, ultimately into collecting waterways contributing to the degradation of water quality.

Individual construction activities that disturb one or more acres would be subject to the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2012-0006-DWQ (general permit). Permit conditions require development of a stormwater pollution prevention plan, which, among others, describes the site’s erosion and sediment control measures, runoff water quality monitoring. Compliance with the general permit is reinforced through the Town Municipal Code (Chapter 22), the Town’s Storm Drain Master Plan, and adherence to the San Francisco Bay Regional Water Quality Control Board’s Basin Plan; whose water quality objectives are incorporated into individual National Pollutant Discharge Elimination System permits (Town of Los Gatos 2021, p. 4.10-10). The Town is also required, as part of the general permit, to incorporate construction site storm water runoff control elements into a stormwater management program as a means to control polluted discharges.

Development associated with the General Plan would be required to implement appropriate best management practices as measures for post-construction stormwater and submit a maintenance plan or manufacturers maintenance guide for those measures as part of the Housing Element Update’s submittal. Compliance with the regulations and policies abovementioned would reduce the risk of water degradation within the Town from construction activities to a less-than-significant level (p. 4.10-13).

Long-term alternations to drainage patterns during operation of development under the General Plan would also occur. If uncontrolled, this could result in the addition of contaminants into the Town’s stormwater drainage system and ultimately untreated discharge into nearby waterways. To ensure compliance with the general permit’s requirements and conditions, the Town’s Municipal Code Chapter 22 outlines regulations related to stormwater management control that projects would be required to comply with. Compliance with the Town’s applicable Municipal Code sections would minimize erosion and siltation that could adversely affect water quality within the Town.

Development under the General Plan would also be required to comply with the applicable General Plan policies associated with Goal ENV-16 (protect and conserve watersheds and water quality) as well as General Plan Policy ENV-17.8, which encourages new development to implement low-impact development measures to limit the amount of impervious surfaces. Compliance with regional and local requirements listed previously, in addition to implementation of applicable General Plan goals and policies, would ensure that the impacts related to development under the General Plan and its effects to water quality during operation would remain less than significant.

Development associated with the Housing Element Update would result in the increase in impervious surfaces in the Town, which could result in sediment transport via stormwater runoff from the sites into collecting waterways contributing to the

Section C Evaluation of Environmental Impacts 59 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
degradation of water quality. However, the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, its potential to degrade water quality in the Town has been evaluated by the General Plan EIR.

Development associated with the Housing Element Update would be required to comply with the regulations and policies mentioned above related to construction and operational activities such as the general permit, the San Francisco Bay Regional Water Quality Control Board, and the Town’s Municipal Code sections related to water quality control.

The Housing Element Update would also be required to comply with applicable General Plan policies such as Policy ENV-16.1, which requires that all applicants demonstrate that new development would not contaminate surface water and/or groundwater; Policy ENV-16.5, which requires that the approval of a development adjacent to a designated creek includes a condition that the creek be dedicated to the Town in fee with a maintenance easement granted to Santa Clara Valley Water District; Policy ENV-16.7, which encourages the implementation of bioswales and other innovations so runoff from parking lots drain into landscaped areas and rainwater percolates into the ground; and Policy ENV-17.8, which encourages low-impact development measures to limit the amount of impervious surface in new development and to increase the retention, treatment, and infiltration of urban stormwater runoff. The Housing Element Update would also comply with General Plan PFS-3.1, which requires that CEQA review analysis for all development projects consisting of single and cumulative impacts on water drainage (runoff) and contamination (water quality) in all areas, but particularly in or adjacent to hillsides, riparian corridors, and important undeveloped watersheds.

Adherence to these regulations and standards, as well as the policies within the General Plan, would ensure that development associated with the Housing Element Update does not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during construction and operation.

The General Plan EIR adequately addressed the Housing Element Update’s potential to violate water quality standards.
b. Water demand and services is addressed in Section 19.0, Utilities and Service Systems.

Nearly half of the water used in Santa Clara County is pumped from the Santa Clara and Llagas Subbasins, with some communities relying solely on groundwater. Local sources include natural groundwater and surface water supplies. The Santa Clara Valley Subbasin is the groundwater basin for the Town of Los Gatos.

Groundwater Supply. Development associated with the General Plan would increase the demand for water from the Santa Clara Valley Subbasin. However, as stated in the General Plan EIR (Section 4.10, Hydrology and Water Quality), growth in the Town of Los Gatos that would be facilitated by the General Plan has been incorporated into the 2015 Urban Water Management Plan and it was determined that the future water demand in Los Gatos is projected to be met by the current water supply. Therefore, projected growth under the General Plan would not result in a depletion of groundwater supplies in the Santa Clara Valley Subbasin (Town of Los Gatos 2021, p. 4.10-14).

Section C Evaluation of Environmental Impacts 60 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
The Housing Element Update would comply with General Plan Policy PFS-1.2, which requires that all new home construction and remodeled homes comply with the BayFriendly Landscaping Guidelines in addition to the landscaping standards in the GreenPoint Rated Building Guidelines and Policy PFS-1.4, which requires that all new development install water-efficient irrigation management systems and devices, such as evapotranspiration or soil moisture-based irrigation controls. Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, its impacts on the Santa Clara Valley Subbasin were evaluated in the General Plan EIR. Therefore, the Housing Element Update would not substantially decrease groundwater supplies such that the Housing Element Update may impede sustainable groundwater management of the basin.

Groundwater Recharge. Development associated with the General Plan could potentially interfere with groundwater recharge; however, the General Plan contains goals and policies that would encourage groundwater infiltration and promote the use of recycled water and other conservation efforts. Implementation of General Plan Policy ENV-17.6, which encourages the Town to participate in the regulation of groundwater use to protect it as a natural resource and conserve it for potential use during extended drought, and those applicable policies under General Plan Goal PFS-4, minimize the amount of stormwater runoff, as well as protect and improve the water quality of runoff, would maximize groundwater infiltration and increase water use efficiency within the Town to the maximum extent practicable. The General Plan EIR concludes that the amount of new impervious surfaces from new development and redevelopment under the General Plan would be reduced through low impact development-related General Plan goals and policies and would not substantially interfere with groundwater recharge.

Therefore, the General Plan EIR determined that the development under the General Plan would result in less than significant impacts related to groundwater recharge (p. 4.10-14).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and, therefore, its impacts on the Santa Clara Valley Subbasin were evaluated in the General Plan EIR. Consistent with the General Plan EIR conclusion, the amount of new impervious surfaces from new development and redevelopment under the Housing Element Update would be reduced through low impact development-related General Plan goals and policies. Therefore, the Housing Element Update would not interfere substantially with groundwater recharge such that the Housing Element Update may impede sustainable groundwater management of the basin.
2020 Urban Water Management Plan. Since certification of the General Plan EIR and adoption of the General Plan, the San Jose Water Company updated and 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, even during prolonged drought conditions, through 2045 (San Jose Water Company 2021, p. 7-11).

The Santa Clara Subbasin has not been identified by the California Department of Water Resources as being critically overdraft. San Jose Water Company also plans to continue following all state and federal drinking water requirements and will work with Santa Clara

Section C Evaluation of Environmental Impacts 61 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
Valley Water District (Valley Water), the California Division of Drinking Water, other groundwater basin stakeholders, and the public to ensure that groundwater remains safe and a reliable source of supply (San Jose Water Company 2021, p. 6-5).

The General Plan EIR adequately addressed the Housing Element Update’s potential to deplete or interfere with groundwater supply and recharge. c. According to the General Plan EIR (Section 4.10, Hydrology and Water Quality), most of the Town is within the 500-year flood zone with a few portions, such as those areas west of State Route 17 and adjacent to creeks, in the 100-year flood zone. Development in these areas could be subject to flood hazard and/or could impede or redirect flood flows to adjacent areas. Development within these areas, as facilitated by the General Plan, are required to comply with applicable provisions of the Town Municipal Code, which would minimize the risk and exposure to flood hazards. Chapter 29, Article IX includes requirements and provisions for reducing losses from flooding and for construction in flood-prone areas. Development in flood-prone areas would also be required to obtain a development permit before constriction or development begins per Municipal Code Section 29.90.070. Compliance with applicable sections of the Town Municipal Code would ensure that new structures proposed under the General Plan would not impede or redirect flows within a 100-year flood hazard area. Development under the General Plan is also required to implement those applicable General Plan policies associated with General Plan Goal HAZ-3. As concluded in the General Plan EIR, implementation of these goals and policies and compliance with applicable laws and regulations of the Town’s Municipal Code, would reduce impacts such that risk of loss, injury or death involving flooding in the planning area is not exacerbated by the General Plan.

Therefore, impacts related to flooding and flood hazards would be less than significant (Town of Los Gatos 2021, p. 4.10-17).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and could result in development within flood-prone zones adjacent to the Los Gatos Creek. Development associated with the Housing Element Update is required to implement General Plan Policy HAZ-3.3, requiring site planning and building design to mitigate identified flood and inundation hazards; Policy HAZ-3.4, requiring new development and substantial improvements to meet federal standards when within Federal Emergency Management Agency designated 100-year flood zones in the Los Gatos area; and Policy HAZ-3.6, which requires major new development and redevelopment to provide mitigation to ensure that the cumulative rate of peak stormwater run-off is maintained at pre-development levels. The Housing Element Update’s impacts associated with flood hazard has already been evaluated in the General Plan EIR, but would require implementation of General Plan policies and compliance with applicable laws and regulations in order to ensure that risks of loss, injury, or death involving flooding would not be exacerbated by implementation of the Housing Element Update and would result in less than significant impacts.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts related to flooding and flood hazards.

Section C Evaluation of Environmental Impacts 62 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
d. The Town of Los Gatos is not located in a tsunami or seiche zone. Therefore, development of the Housing Element Update would not risk release of pollutants due to tsunami or seiche inundation of the Town. As determined in the General Plan EIR (Section 4.10, Hydrology and Water Quality), there would be no impact related to flood flows or project inundation (Town of Los Gatos 2021, p. 4.10-18).

The General Plan EIR adequately addressed impacts related to the risk release of pollutants due to tsunami or seiche inundation as a result of the Housing Element Update.
e. Refer to the discussion under checklist question “a.” According to the General Plan EIR (Section 4.10, Hydrology and Water Quality ), development under the General Plan would comply with the general permit, the Town’s Storm Drain Master Plan, applicable General Plan policies, and adhere to the San Francisco Bay Regional Water Quality Control Board’s Basin Plan, whose water quality objectives are incorporated into individual permits authorized by the San Francisco Bay Regional Water Quality Control Board. Therefore, development facilitated by the Housing Element Update would not conflict with or obstruct implementation of a water quality control plan.

The Sustainable Groundwater Management Act lists the Valley Water as the exclusive groundwater management agency for Santa Clara County. The Sustainable Groundwater Management Act requires that groundwater management agencies prepare a groundwater sustainability plan or an alternative to achieve sustainability. Pursuant to the Sustainable Groundwater Management Act, the Valley Water prepared its 2016 Groundwater Management Plan for the Santa Clara and Llagas Subbains as an alternative. Since the preparation of the General Plan EIR, the Valley Water has prepared an updated evaluation of its approved alternatives (i.e., the 2016 Groundwater Management Plan) titled the 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbains, which was adopted by its Board of Directors in November 2021. However, the General Plan EIR utilized the most recent documentation at that time, which was the 2016 Groundwater Management Plan.

As discussed under checklist question “b” above, growth in the Town facilitated by the General Plan would implement applicable General Plan policies and goals encouraging groundwater infiltration, promoting the use of recycled water, and other water conservation efforts to reduce the potential for depletion of groundwater resources resulting in less than significant impacts on the Santa Clara Subbasin. According to the General Plan EIR, compliance with the Sustainable Groundwater Management Act requirements and adherence to the applicable General Plan goals and policies would ensure that impacts from development under the General Plan related to obstruction of a sustainable groundwater management plan would be less than significant (p. 4.10-15).

Development associated with the Housing Element Update is consistent with the growth projections evaluated in the General Plan EIR and its impacts on the Santa Clara Subbasin, and subsequently on the 2016 Groundwater Management Plan, has already been evaluated in the General Plan EIR. The Housing Element Update would be required to

Section C Evaluation of Environmental Impacts 63 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022
comply with the Sustainable Groundwater Management Act requirements and adhere to the applicable General Plan goals and policies to ensure that impacts from development associated with the Housing Element Update related to obstruction of a sustainable groundwater management plan would be less than significant.

Since the certification of the General Plan EIR and adoption of the General Plan, the 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins was adopted by the Valley Water. The projected demands in the Santa Clara and Llagas subbasins for the 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins are based on data used to develop the Valley Water’s 2020 Urban Water Management Plan. Valley Water maintains diverse water supply sources to meet countywide demands, including local surface water and groundwater, imported water, and recycled water. The Valley Water developed a Water Shortage Contingency Plan as part of its 2020 Urban Water Management Plan to establish actions and procedures for managing water supplies and demands during water shortages due to droughts and other emergencies. As stated within the 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins, Valley Water will be able to meet countywide demands through 2045 under normal, a single dry, and five consecutive dry year conditions. If a five-year drought were to occur in the next five years, Valley Water would employ a range of response actions, including water conservation and calling for short-term water use reduction (Santa Clara Valley Water District 2021, p. 4-21).

The General Plan EIR adequately addressed the Housing Element Update’s potential to conflict with a sustainable groundwater management plan.

Section C Evaluation of Environmental Impacts 64 EMC Planning Group Los Gatos 6th Cycle Housing Element December 22, 2022

11. LAND USE AND PLANNING
Would the project:

Comments:
a. As discussed in the General Plan EIR (Section 4.11, Land Use and Planning), the Town has limited land available for new development; therefore, due to the built-out nature of the Town, the General Plan encourages strategic growth. The Town would see a higher percentage of change through redevelopment of lands that have development potential rather than on vacant land. Many of the General Plan’s Land Use Element goals are promoting growth through infill development, development variety, and a mix of uses within the Town (Town of Los Gatos 2021, p. 4.11-12). Compliance with the General Plan goals and policies would ensure that future development under the General Plan does not disrupt or divide established communities and impacts would be less than significant (Town of Los Gatos 2021, p. 4.11-14).

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’s goals that promote growth through infill development and development variety. Each site associated with the Housing Element Update involves infill development or the redevelopment of property with existing uses; the Housing Element Update does not involve the development of any sites that would physically divide an established community.

The General Plan EIR adequately addressed the Housing Element Update’s potential impacts on physically dividing an established community. b. Section 4.11, Land Use and Planning, of the General Plan EIR identifies three regionally and locally adopted land use plans that apply to development under the General Plan:

Plan Bay Area 2040 (ABAG 2017), Final 2017 Clean Air Plan (Bay Area Air Quality Management District 2017), and Los Gatos Sustainability Plan (Town of Los Gatos 2012).

Plan Bay Area 2040 is a long-range land use and transportation plan for the San Francisco Bay Area region that promotes healthy and safe communities by reducing impacts from air pollution, protecting open space and agriculture, and increasing active transportation.

Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-ThanSignificant
Impact
No
Impact
a. Physically divide an established community? ☐ ☐ ☐ ☒
b. Cause any significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☐ ☐ ☐ ☒