Los Gatos City Council
August 6, 2024

ITEM NO. 16.

U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
Oakland, California 94607
www.fema.gov
November 13, 2023
Nancy Ward, Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP DR-4407-506-75R
Town of Los Gatos, California
Vegetation Management Risk Reduction Mitigation Project, Phase 2 FIPS Code: 085-44112, Supplement 259
Dear Nancy Ward:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the Town of Los Gatos, HMGP DR-4407-506-75R, Vegetation Management Risk Reduction Mitigation Project, Phase 2.

The total project cost for Phase 2 is $2,121,793.00. As shown in the enclosed Obligation Report - Supplement 259, we are obligating $1,591,344.75 for the 75 percent Federal share; the 25 percent non-Federal share is $530,448.25. We are obligating $35,974.97 for the 100 percent Federal share of Subrecipient Management Costs (SRMC). These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Approvals: Federal Share: Non-Federal Share: Total Project Cost:

Phase 1,
Supplement 61
$64,188.00 $21,396.00 $85,584.00
Phase 2,
Supplement 259
$1,591,344.75 $530,448.25 $2,121,793.00
Management Cost $35,974.97 $0.00 $35,974.97
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW) – The project is to perform hazardous fuels reduction in Santa Clara County, California. Work will occur in five project areas: 1) Heintz Open Space, 2) La Rinconada Park, 3) Novitiate Park, 4) Santa Rosa Park, and 5) Worcester Park.

2. Project Completion Date – The work schedule included in the project application indicates that Phase 2 will take 18 months to complete; therefore, the project completion date is May 13, 2025.

Please inform the sub-recipient that work completed after this date is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the completion date when there is no approved time extension.

ATTACHMENT 2

ITEM NO. 16.

Nancy Ward
November 13, 2023

3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Considerations (REC) – FEMA has determined that the Proposed Action is covered by the Region 9 Programmatic Environmental Assessment (PEA) under Section 2.5, Vegetation Management. This category covers the removal of vegetation and hazardous fuels, therefore, the Proposed Action is consistent with these PEA categories. A list of Typical BMPs is attached. Compliance with the BMPs appropriate for this scope of work is a condition of funding.

Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.

5. Extraordinary Circumstances – This project approval has requested "extraordinary circumstance" provision pursuant to 44 CFR 20 l .6(a)(3) for the Town of Los Gatos to complete the local hazard mitigation plan. We approve the request for "extraordinary circumstances" to complete the hazard mitigation plan. The hazard mitigation plan must be completed within 12 months of the award date. If the plan is not approved within this timeframe, the project grant will be terminated, and any costs incurred after notice of the grant's termination will not be reimbursed.

6. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be deobligated for work that does not comply with these conditions.

If you have any questions or need further assistance please contact Aaron Lim¸ Hazard Mitigation Assistance Specialist, by email at [email protected], or phone (510) 627-7036.

Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (5):

Obligation Report - Supplement 259
Project Management Report
Record of Environmental Considerations (REC)
Best Management Practices (BMP)
Standard Mitigation Grant (HMGP) Conditions
cc:

Ron Miller, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Robyn Fennig, Co-Acting California State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9

ITEM NO. 16.

Obligation

HAZARD MITIGATION GRANT PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4407 - 2 506 4 259 CA Statewide
Subrecipient: Los Gatos Project Title : Los Gatos, Vegetation Management Risk Reduction Project Subrecipient FIPS Code: 085-44112
75 R
11:03 AM
11/09/2023
FY
Subrecipient Management
Project Amount Cost Amount Total Obligation IFMIS Date IFMIS Status $1,591,344.75 $35,974.97 $1,627,319.72 11/09/2023 Accept 2024 Comments
Comment: Approve funding of Federal Share $1,591,344.75 and SRMC $35,974.97, totaling $1,627,319.72 for DR-4407-506-75R-Town of Los Gatos-Vegetation Management Mitigation Project (Phase 2).

Date: 11/09/2023 User Id: RHIRST

REILLY HIRST

AARON LIM
Authorization
Preparer Name:

HMO Authorization Name:

Preparation Date: 11/09/2023
HMO Authorization Date: 11/09/2023
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00 $0.00 $1,655,532.75 $1,655,532.75

ITEM NO. 16.

FEMA
Project Number
Amendment State Recipient
Number
Disaster App ID
Number
75 -R
Los Gatos
085-44112
Subrecipient:

FIPS Code: Project Title : Los Gatos, Vegetation Management Risk Reduction Project 4407 2 506 CA Statewide
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-AP-01

HAZARD MITIGATION GRANT PROGRAM
11/09/2023
11:02 AM
Project Management Report
Approved Amounts
Total Approved
Net Eligible
Total Approved
Non-Fed Share Amount
Federal
Share Percent
Non-Federal
Share Percent
Total Approved
Federal Share Amount
$2,207,377.00 75.000000000 $1,655,532.75 25.00000000 $551,844.25 Work Schedule Status
Amend # Description Time Frame Due Date Revised Date Completion Date 2 Kick-off 2 Months 00/00/0000 00/00/0000 00/00/0000
0 Kick-off 2 Months 00/00/0000 00/00/0000 00/00/0000
1 Kick-off 2 Months 00/00/0000 00/00/0000 00/00/0000
1 Ecological Assessment 3 Months 00/00/0000 00/00/0000 00/00/0000 2 Ecological Assessment 3 Months 00/00/0000 00/00/0000 00/00/0000 0 Ecological Assessment 3 Months 00/00/0000 00/00/0000 00/00/0000 1 Request for Proposals 2 Months 00/00/0000 00/00/0000 00/00/0000 2 Request for Proposals 2 Months 00/00/0000 00/00/0000 00/00/0000 0 Request for Proposals 2 Months 00/00/0000 00/00/0000 00/00/0000 1 Open Bids and Award Contract 3 Months 00/00/0000 00/00/0000 00/00/0000 2 Open Bids and Award Contract 3 Months 00/00/0000 00/00/0000 00/00/0000 0 Open Bids and Award Contract 3 Months 00/00/0000 00/00/0000 00/00/0000 1 Construction - Vegetation Removal 5 Months 00/00/0000 00/00/0000 00/00/0000 2 Construction - Vegetation Removal 5 Months 00/00/0000 00/00/0000 00/00/0000 0 Construction - Vegetation Removal 5 Months 00/00/0000 00/00/0000 00/00/0000 1 Project Close-out 2 Months 00/00/0000 00/00/0000 00/00/0000 0 Project Close-out 2 Months 00/00/0000 00/00/0000 00/00/0000 2 Project Close-out 2 Months 00/00/0000 00/00/0000 00/00/0000 0 Grant Closeout 3 Months 00/00/0000 00/00/0000 00/00/0000 1 Grant Closeout 3 Months 00/00/0000 00/00/0000 00/00/0000 2 Grant Closeout 3 Months 00/00/0000 00/00/0000 00/00/0000 Approved
Project Title :

Recipient Place Code :

Recipient Place Name :

Recipient County Code :

Recipient County Name :

Recipient :

Project Closeout Date :
85 Santa Clara
Statewide
Los Gatos
0 00/00/0000
Los Gatos, Vegetation Management Risk Reduction Project Subrecipient Place Code :

Subrecipient Place Name :

Subrecipient County Code :

Subrecipient County Name :

Subrecipient :
44112
Los Gatos
Santa Clara
85 Los Gatos
Approval Status: Approved
Mitigation Project Description
Amendment Status :

ITEM NO. 16.

FEMA
Project Number
Amendment State Recipient
Number
Disaster App ID
Number
75 -R
Los Gatos
085-44112
Subrecipient:

FIPS Code: Project Title : Los Gatos, Vegetation Management Risk Reduction Project 4407 2 506 CA Statewide
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-AP-01

HAZARD MITIGATION GRANT PROGRAM
11/09/2023
11:02 AM
Project Management Report
FY
Allocations
Allocation
Number
IFMIS
Status
Proj Alloc Amount
Fed Share
IFMIS
Date
Submission
Date

ES/DFSC
Support Req
ID

ES/DFSC
Amend Nr
Total
Alloc Amount
Subrecipient
Management Cost
20 A 10/23/2020 10/23/2020 2021 3271424 0 $64,188.00 $0.00 $8,380,446.00 56 A 12/29/2021 12/29/2021 2022 4925242 4 $0.00 $2,289.00 $1,004,530.50 131 A 11/07/2023 11/06/2023 2024 18934766 $1,591,344.75 $35,974.97 $12,501,736.94 Total $1,655,532.75 $38,263.97 $21,886,713.44
Obligations
Action
Nr
IFMIS
Status
IFMIS
Date
SFS
Amend
Number
Submission
Date FY
SFS
Support
Req ID
Project Obligated
Amt - Fed Share
Total Obligated
Amount
Subrecipient
Management Cost
Suppl
Nr
1 A 10/23/202010/23/2020 2021 3273862 0 61 $64,188.00 $0.00 $64,188.00 2 A 01/13/202201/13/2022 2022 7406490 1 147 $0.00 $2,289.00 $2,289.00 3 R 11/07/202311/07/2023 2024 18936048 2 257 $1,591,344.75 $35,974.97 $1,627,319.72 4 A 11/09/202311/09/2023 2024 18938118 2 259 $1,591,344.75 $35,974.97 $1,627,319.72 Total $3,246,877.50 $74,238.94 $3,321,116.44
Law Entered By
Monitoring
Required Date
Environmental Conditions Required Monitoring
By
Monitoring Completed
Endangered Species Act (ESA) Allison N. Miller Simonds 00/00/0000 Conditions
Required (4000)
The Subapplicant is responsible for implementing the General Avoidance and Minimization Measures (GEN AMM) and species-specific measures listed in the Biological Opinion and included as an attachment to this REC.

ITEM NO. 16.
09/21/2023 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
18:39:03

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:

HMGP-4407-0075-CA (4407-506-75) (2)
Town of Los Gatos Vegetation Management (Phase 2)
Non Compliant Flag:

Level:

EA Draft Date: EA Final Date:

EA Public Notice Date: EA Fonsi
EIS Notice of Intent EIS ROD Date:

No
EA
10/21/2014 03/01/2019
03/01/2019 03/08/2019
Comment The Town of Los Gatos proposes to perform hazardous fuels reduction in Santa Clara County, California. Work would occur in five project areas: 1) Heintz Open Space, latitude/longitude: 37.230089, -121.928621, 2) La Rinconada Park, latitude/longitude: 37.2573057, -121.9803139, 3) Novitiate Park, latitude/longitude: 37.214091, -121.986386, 4) Santa Rosa Park, latitude/longitude: 37.227097, - 121.919619, and 5) Worcester Park, latitude/longitude: 37.221746, -121.966959. The staging area (37.217793, -121.913229) is on the north side of Shannon Road, immediately west of the Hicks Road intersection.

The project would occur through a combination of hand tools, mechanized equipment, herbicides, and prescribed grazing and would treat approximately 193.9 acres. Each of the five project areas is accessible by existing access roads.

The Proposed Action is not likely to result in potential direct impacts that would adversely affect the natural values and function of floodplains, nor is it likely to increase the risk of flood loss. The Proposed Action would not impact wetlands.

FEMA has determined that the Proposed Action is covered by the Region 9 Programmatic Environmental Assessment (PEA) under¿Section 2.5, Vegetation Management. This category covers the removal of vegetation and hazardous fuels, therefore, the Proposed Action is consistent with these PEA categories. A list of Typical BMPs is attached. Compliance with the BMPs appropriate for this scope of work is a condition of funding. - eargirof - 09/19/2023 22:17:31 GMT

NEPA DETERMINATION
Extraordinary Circumstance Code Description Selected ?
No Extraordinary Circumstances were selected

EXTRAORDINARY
Environmental Law/
Executive Order Status Description Comment
Clean Air Act (CAA) Project will not result in permanent air emissions - Review concluded
The project is in Santa Clara County, which is
not in attainment for the following criteria
pollutants: PM2.5 and 8-hour Ozone
(https://www3.epa.gov/airquality/greenbook/ancl.
html#CA). Based on the scope of work, the
potential emissions from project activities would
be below de minimis thresholds for the General
Conformity Rule. Therefore, the project is
exempt from a conformity determination. -
eargirof - 09/19/2023 21:41:54 GMT
Completed
Coastal Barrier Resources Act
(CBRA)
Project is not on or connected to CBRA Unit
or otherwise protected area - Review
concluded
Completed
Clean Water Act (CWA) Project would not affect any water of the U.S. - Review concluded
Based on the National Wetlands Inventory
Mapper, two out of the five project areas include
riverine habitats. The La Rinconada Park
includes 12.03 acres of an unnamed
Completed

ENVIRONMENTAL LAW / EXECUTIVE ORDER
NOTE: All times are GMT using a 24-hour clock. Page 1 of 6

ITEM NO. 16.
09/21/2023 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
18:39:03

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:

HMGP-4407-0075-CA (4407-506-75) (2)
Town of Los Gatos Vegetation Management (Phase 2)
Environmental Law/
Executive Order Status Description Comment
intermittent streambed that is seasonally flooded.

The Santa Rosa Park includes 31.44 acres of an
unnamed intermittent streambed that is
seasonally flooded. Proposed project activities
would not occur within or negatively impact
nearby surface waters; therefore, coordination
with the U.S. Army Corps of Engineers (USACE)
is not required for the project. - eargirof -
09/19/2023 21:41:17 GMT
Coastal Zone Management Act
(CZMA)
Project is not located in a coastal zone area
and does not affect a coastal zone area -
Review concluded
Completed
Executive Order 11988 -
Floodplains
Located in floodplain or effects on
floodplain/flood levels
The project areas are primarily within shaded
Zone X, areas with a 0.2 percent annual chance
flood, and Zone D, areas of undetermined flood
hazard. There are areas of Zone AE, special
flood hazard areas subject to the 1 percent
annual chance flood, including some areas of
associated regulatory floodways, located in La
Rinconada Park. These zones are shown on
FEMA Flood Insurance Rate Map (FIRM) panels
06085C0238J dated February 19, 2014,
06085C0381H dated May 18, 2009,
06085C0377H dated May 18, 2009, and
06085C0380H dated May 18, 2009. The
Proposed Action is not likely to result in potential
direct impacts that would adversely affect the
natural values and function of floodplains, nor is
it likely to increase the risk of flood loss. An Initial Public Notice was published on 12/9/2021. Per
44 CFR Part 9.5(d)(4), the 8-step Process was
completed, and the determination was the
project is the only practicable alternative. A Final
Public Notice was published on July 19, 2023. -
eargirof - 09/19/2023 22:01:29 GMT
Completed
No adverse effect on floodplain and not
adversely affected by the floodplain - Review
concluded
Completed
Executive Order 11990 -
Wetlands
No effects on wetlands and project outside
wetlands - Review concluded
Based on a review of the USFWS National
Wetlands Inventory database (reviewed January
24, 2023), project activities are not within nor
would they affect wetland resources. The 8-Step
process for wetlands is not required. - eargirof -
09/19/2023 22:03:54 GMT
Completed
Executive Order 12898 -
Environmental Justice for Low
Income and Minority Populations
No Low income or minority population in,
near or affected by the project - Review
concluded
According to the Environmental Protection
Agency's Environmental Justice Screening and
Mapping Tool (Version 2020), no low income
and minority populations are within 0.5 mile of
the project sites. This project would not result in
Completed
NOTE: All times are GMT using a 24-hour clock. Page 2 of 6

ITEM NO. 16.
09/21/2023 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
18:39:03

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:

HMGP-4407-0075-CA (4407-506-75) (2)
Town of Los Gatos Vegetation Management (Phase 2)
Environmental Law/
Executive Order Status Description Comment
disproportionately high and adverse impacts on
low income or minority populations. - eargirof -
09/19/2023 22:04:18 GMT
Endangered Species Act (ESA) Listed species and/or designated critical habitat present in areas affected directly or
indirectly by the federal action
The project was reviewed by Murray Wade, a
qualified biologist with CDM Smith, under the
Programmatic Biological Opinion from the
Sacramento Fish and Wildlife Office Jurisdiction
in California. The project may affect, but is not
likely to adversely affect the Foothill Yellowlegged Frog (FYLF), the California red-legged frog (CRLF) and the California tiger salamander
(CTS). The project area does not overlap any
designated critical habitat. The potential for
FYLF to occur within the project area is very low
because no known breeding habitats are
present. CRLF has not been recently detected
within the project area; however, the project area
contains suitable nonbreeding aquatic and
upland dispersal habitat. The potential for CTS to
occur within the project area is very low because
no known breeding habitats are present in the
immediate vicinity and long-distance movement
to the project area from surrounding occupied
sites is hindered by residential development and
roads. Impacts to FYLF could occur from noise
and vibration from fuel reduction activities that
could disrupt normal foraging and sheltering
behavior. FYLFs could be injured or killed from
being crushed by equipment or worker foot
traffic, collisions with project-related vehicles and
equipment on access roads and staging areas,
or exposure to herbicides. CRLFs occurring
within the project area during implementation
could be displaced, harassed, injured, or killed
during activities involving work in suitable CRLF
habitat. If CTSs were to occur within the AA,
noise and vibration from fuel reduction activities
could disrupt normal foraging and sheltering
behavior, and individuals could be injured or
killed from being crushed by equipment or
worker foot traffic or exposure to herbicides.

Implementation of general and species-specific
avoidance and minimization measures and
species-specific conservation measures would
minimize potential adverse effects. No impacts
on any other federally listed species would
occur. FEMA received concurrence from
USFWS on July 17, 2023. - eargirof - 09/19/2023
21:32:29 GMT
Completed
Likely to adversely affect species or
designated critical habitat
Completed
NOTE: All times are GMT using a 24-hour clock. Page 3 of 6

ITEM NO. 16.
09/21/2023 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
18:39:03

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:

HMGP-4407-0075-CA (4407-506-75) (2)
Town of Los Gatos Vegetation Management (Phase 2)
Environmental Law/
Executive Order Status Description Comment
Formal consultation concluded. (Biological
Assessment and Biological Opinion attached)
- Review concluded
Completed
Farmland Protection Policy Act
(FPPA)
Project does not affect designated prime or
unique farmland - Review concluded
According to the California important farmland
mapper
(https://maps.conservation.ca.gov/DLRP/CIFF/),
the project areas are in Los Gatos and are
designated urban and built up land, or land
designated as other. The project would not result
in the conversion of, or other adverse impacts
on, prime or unique farmland or farmland of
statewide or local importance. - eargirof -
09/19/2023 21:45:34 GMT
Completed
Fish and Wildlife Coordination
Act (FWCA)
Project does not affect, control, or modify a
waterway/body of water - Review concluded
Completed
Migratory Bird Treaty Act (MBTA) Project located within a flyway zone The project area is within the Pacific Flyway and includes the removal of vegetation that may
serve as nesting habitat for migratory birds.

Vegetation removal would comprise mostly
invasive species and ladder fuels in native trees
and bushes. The staging area would be on
paved ground and no vegetation removal would
occur there. Vegetation management activities
would be short-term and would result in open
spaces with vegetation remaining to provide
nesting habitat for migratory bird species. The
Subapplicant would comply with state and
federal laws pertaining to migratory birds and
has stated that, if vegetation removal activities
occur in the bird breeding season, a qualified
biologist will be retained to conduct nesting bird
surveys prior to the start of work. Therefore,
potential effects on migratory birds would be
minimized. - eargirof - 09/19/2023 21:47:59 GMT
Completed
Project does not have potential to take
migratory birds - Review concluded
Completed
Magnuson-Stevens Fishery
Conservation and Management
Act (MSA)
Project located in or near Essential Fish
Habitat
Based on a review of the NMFS Species List
Tool and the NMFS essential fish habitat (EFH)
mapper completed on September 14, 2021, the
project area is within mapped boundaries of EFH
for Chinook salmon (Oncorhynchus
tshawytscha) and Coho salmon (Oncorhynchus
kisutch). Because there would be no in-water
work and no impacts on aquatic resources as a
result of this project, there would be no impact
on EFH. - eargirof - 09/19/2023 21:59:46 GMT
Completed
NOTE: All times are GMT using a 24-hour clock. Page 4 of 6

ITEM NO. 16.
09/21/2023 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
18:39:03

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:

HMGP-4407-0075-CA (4407-506-75) (2)
Town of Los Gatos Vegetation Management (Phase 2)
Environmental Law/
Executive Order Status Description Comment
Project does not adversely affect Essential
Fish Habitat - Review concluded
Completed
National Historic Preservation Act
(NHPA)
Applicable executed Programmatic
Agreement (enter date in comments).

The Undertaking was reviewed by archaeologist
Hannah Ballard with Pacific Legacy, Inc., who
meets the applicable Secretary of the Interior's
Professional Qualification in accordance with
Stipulation I.B.1.a of the October 2019
Programmatic Agreement (Programmatic
Agreement) among the Federal Emergency
Management Agency, the California State
Historic Preservation Office (SHPO), and the
California Governor's Office of Emergency
Services. FEMA conducted a pedestrian
archaeological survey and evaluated sites for
NRHP eligibility. All archeological survey findings
lacked meaningful data potential and are
considered not eligible for listing in the NRHP.

By letter to the SHPO dated July 27, 2022,
FEMA determined that the project would have
No Historic Properties Affected. By letter dated
September 21, 2022, the SHPO indicated no
objection to FEMA's determination. - eargirof -
09/19/2023 21:30:38 GMT
Completed
Completed Historic Buildings and Structures
No properties in the project area are 50 years
or older or listed on the National Register -
Review concluded
Completed
Completed Archeological Resources
Completed Project affects undisturbed ground
Project area has potential for presence of
archeological resources
Completed
Determination of no historic properties
affected (FEMA finding/SHPO/THPO
concurrence attached) - Review concluded
Completed
Wild and Scenic Rivers Act
(WSR)
Project is not along and does not affect Wild
and Scenic River - Review concluded
The National Wild and Scenic Rivers system
website (https://www.rivers.gov/arizona.php)
does not identify any federally designated wild
and scenic rivers near the project area. The
closest wild and scenic river segment is the Big
Sur Wild and Scenic River, which is more than
64 miles south of the project area. Based on the
distance to the project,
Completed
NOTE: All times are GMT using a 24-hour clock. Page 5 of 6

ITEM NO. 16.
09/21/2023 REC-01 FEDERAL EMERGENCY MANAGEMENT AGENCY
18:39:03

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project
Title:

HMGP-4407-0075-CA (4407-506-75) (2)
Town of Los Gatos Vegetation Management (Phase 2)
Environmental Law/
Executive Order Status Description Comment
implementation of this project would have no
direct or adverse impacts on Wild and Scenic
Rivers. - eargirof - 09/19/2023 22:00:02 GMT
Special Conditions required on implementation of Projects:

Clean Air Act (CAA)
The Subapplicant is responsible for complying with all applicable subparts of the Clean Air Act. Failure to comply with this condition may jeopardize federal assistance, including funding. Any change to the approved scope of work will require re-evaluation for compliance with the Clean Air Act.

Source of condition: Monitoring Required: No
Endangered Species Act (ESA)
The Subapplicant is responsible for implementing the General Avoidance and Minimization Measures (GEN AMM) and species-specific measures listed in the Biological Opinion and included as an attachment to this REC.

Source of condition: Monitoring Required: Yes
National Historic Preservation Act (NHPA)
The Subapplicant must conduct cultural resources awareness training in advance of project ground-disturbing activities.

Source of condition: Monitoring Required: No
NEPA Determination
The Subapplicant is responsible for implementing BMPs appropriate for this scope of work. A list of Typical BMPs from the Region 9 Programmatic Environmental Assessment is attached. Any changes to this scope of work must be resubmitted to FEMA for review prior to initiation of any work. Noncompliance with this requirement may jeopardize federal funding.

Source of condition: Monitoring Required: No
Standard Conditions:

Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.

This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding.

If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.

CONDITIONS
NOTE: All times are GMT using a 24-hour clock. Page 6 of 6

ITEM NO. 16.

Appendix C
List of Typical Best Management Practices

ITEM NO. 16.
1 During construction, Best Management Practices (BMPs) are normally employed to reduce potential adverse effects to resource areas from construction and operation of proposed projects.

BMPs are outlined below for resource areas where impact may occur due to project activities.

BMPs for resource areas like socioeconomics and public safety, land use and planning and visual resources are not outlined, as construction and operation measures to protect those resource areas vary by jurisdiction and state/local regulations. Further, overlap between resource areas BMPs exists. This list represents sample general construction BMPs; project specific BMPs should be implemented on a case by case basis. The table below outlines general construction BMPs.

Table 1 – General Construction BMPs
General
Principles
 Fit grading to the surrounding terrain.
 Time grading operations to minimize soil exposure.
 Retain existing vegetation whenever feasible.
 Vegetate and mulch or otherwise stabilize disturbed areas.  Direct runoff away from disturbed areas.
 Minimize the length and steepness of slopes.
 Keep runoff velocities low.
 Prepare drainage ways and outlets to handle concentrated runoff until permanent drainage structures are constructed.
 Trap sediment on site.
 Inspect and maintain control measures frequently.
 Do not dispose of plant material in a creek or drainage facility or leave it in a roadway where it can clog storm drain inlets.
 Avoid disposal of plant material in trash dumpsters or mixing it with other wastes.  Compost plant material or take it to a landfill or other facility that composts yard waste (check with the local planning or building department for more information).

Structural
Control
Measures
 Where possible maintain runoff water within its natural course and direction of flow.  Design and maintain access roads to prevent ponding and damage from water flow.  Limit cut and fill slopes to an inclination of 2:1 or flatter, and include benching to reduce slope length on longer slopes.
 Direct concentrated flow to stabilized channels and drains.  Roughen slope surfaces to slow down flow velocities and enhance water infiltration, which in turn will enhance vegetation establishment
 Divert stormwater away from denuded areas and use properly installed temporary berms, earth dikes, silt fences, sediment traps, inlet protection, and sediment basins to limit the discharge of sediment and pollutants from the site.

Stormwater
Management
Controls
 Wherever possible, stormwater runoff from undeveloped areas should be kept separate from runoff from developed areas, and should be retained in natural conveyances or routed through properly lined drainage conveyances.
 Discharge locations should be provided with appropriate energy dissipation to prevent scour.

ITEM NO. 16.
2 Geology and Soils
The following BMPs for geology and soils were developed using local and state guidelines. The BMPs are geared towards preventing soil erosion. BMPs for geological hazards must be developed in accordance with federal, state and local building codes and project area specific geological conditions.

1. Plan the development to fit the topography, soils, drainage pattern and natural vegetation of the site.

2. Delineate clearing limits, easements, setbacks, sensitive or critical areas, trees, drainage courses, and buffer zones to prevent excessive or unnecessary disturbances and exposure.

3. Phase grading operations to reduce disturbed areas and time of exposure.

4. Avoid excavation and grading during wet weather.

5. Use berms and drainage ditches to divert runoff around exposed areas. Place diversion ditches across the top of cut slopes.

6. Plant vegetation on exposed slopes. Where replanting is not feasible, use erosion control blankets (e.g., jute or straw matting, glass fiber or excelsior matting, mulch netting).

7. Consider slope terracing with cross drains to increase soil stability.

8. Cover stockpiled soil and landscaping materials with secured plastic sheeting and divert runoff around them.

9. As a back-up measure, protect drainage courses, creeks, or catch basins with fiber rolls, silt fences, sand/gravel bags and/or temporary drainage swales.

10. Once grading is completed, stabilize the disturbed areas using permanent vegetation as soon as possible. Use temporary erosion controls until vegetation is established.

11. Conduct routine inspections of erosion control measures especially before and immediately after rainstorms, and repair if necessary.

Air Quality and Greenhouse Gas Emissions
The following BMPs are extracted from state sources and they represent general construction BMPs for minimizing air quality and greenhouse gas emissions from project construction. The following BMPs can also be implemented to reduce project impacts on Climate Change.

1. All exposed unpaved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

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

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 is 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.

7. Clear signage shall be provided for construction workers at all access points.

ITEM NO. 16.
3 8. 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.

9. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

10. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

11. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent.

12. Minimizing the idling time of diesel powered construction equipment to two minutes.

13. Use low Volatile Organic Compound (VOC) (i.e., ROG) coatings beyond the local requirements.

14. Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOx and PM.

15. Monitor dust-generating activities and implement appropriate measures for maximum dust control.

Water Resources
The following BMPs are extracted from sources such as the US Fish and Wildlife Service (USFWS) and Regional Water Quality Boards (RWQCB). These BMPs could be implemented when working near waters of the US or wetlands.

1. No work within 50 feet of a wetland or waterbody.

2. For work between 50 and 200 feet of a wetland or waterbody:
 Herbicides would be restricted to glyphosate-based herbicides that are approved by the EPA for use around water (e.g., Rodeo).
 Hand tools (chainsaws, brush cutters, and other hand tools) would be used to create a gradation of vegetation density by removing approximately 50 percent of the vegetation farthest from wetlands and perennial waterbodies, and 33 percent of the vegetation at closer distances to wetlands and perennial waterbodies.  No equipment fueling would occur.

3. Never wash down pavement or surfaces where materials have spilled. Use dry cleanup methods whenever possible.

4. Protect all storm drain inlets using filter fabric cloth or other best management practices to prevent sediments from entering the storm drainage system during construction activities.

5. Keep materials out of the rain — prevent runoff pollution at the source. Schedule clearing or heavy earth moving activities for periods of dry weather. Cover exposed piles of soil, construction materials and wastes with plastic sheeting or temporary roofs. Before it rains, sweep and remove materials from surfaces that drain to storm drains, creeks, or channels.

ITEM NO. 16.
4 6. Prior to construction, wetlands located in the project area will be fenced off using ESA fencing. The fencing will be placed 5 feet away from each wetland feature.

7. Appropriate erosion control measures will be used to reduce siltation and runoff of contaminants into wetlands and adjacent, ponds, streams, or riparian woodland/scrub.

The contractor will not be allowed to stockpile brush, loose soils, or other debris material on stream banks.

8. Native plant species should be used in erosion control or revegetation seed mix. Any hydroseed mulch used for revegetation must also be certified weed-free. Dry-farmed straw will not be used, and certified weed-free straw will be required where erosion control straw is to be used. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion-control measures will be placed between water or wetland and the outer edge of the project site.

9. All off-road construction equipment will be cleaned of potential noxious weed sources (mud, vegetation) before entry into the project area. Equipment will be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

10. Vehicles and equipment will be parked on pavement, existing roads, or specified staging areas.

11. Trash generated by covered activities should be promptly and properly removed from the site.

12. Equipment storage, fueling, and staging areas will be sited on disturbed areas or on nonsensitive nonnative grassland land cover types, when these sites are available, to minimize risk of direct discharge into riparian areas or other sensitive land cover types.

13. All temporarily disturbed areas, such as staging areas, will be returned to pre-project or ecologically improved conditions as required by responsible agencies.

14. Do not over-apply pesticides or fertilizers and follow manufacturer’s instructions for mixing and applying materials.

15. Dispose of all wastes properly. Materials that cannot be reused or recycled must be taken to an appropriate landfill or may require disposal as hazardous waste. Never throw debris into channels, creeks or into wetland areas. Never store or leave debris in the street or near a creek where it may contact runoff.

Biological Resources
These BMPs have been extracted from USFWS and should be applied when working in areas that have been identified to contain Special Status Species and migratory birds.

Special Status Species

1. Construction should generally occur during the dry season (April 15 to October 15).

2. No more than two days prior to the start of ground disturbing activities, focused preconstruction surveys for Special Status Species will be completed by a USFWSapproved biologist in all suitable upland dispersal habitat areas, if Special Status Species have been previously identified in the area. If Special Status Species are found during focused preconstruction surveys, the USFWS will be contacted within one working day, and a suitable protocol shall be approved by USFWS for relocation.

ITEM NO. 16.
5 3. Exclusion fencing such as Ertec E-fenceTM or an equivalent will be installed around Special Status species habitat prior to any construction during the dry season (April 1 through October 15), when Special Status Species are not actively dispersing or foraging.

The fencing will remain in place until all project activities in the vicinity of suitable upland dispersal habitat are completed.

4. To prevent Special Status Species from becoming entangled or trapped in erosion control materials, plastic monofilament netting (erosion control matting) or similar material will not be used for erosion control. Acceptable substitutes include coconut coir matting or tackified hydroseeding compounds.

5. Prior to any construction where Special Status Species have been detected a USFWSqualified biologist will conduct an education program for construction personnel. At a minimum, the training will include a description of Special Status Species and their habitats; the potential occurrence of these species in the project area; the measures to be implemented to conserve listed species and their habitats as they relate to the work site; and boundaries in which construction may occur. A fact sheet conveying this information will be prepared and distributed to all construction crews and project personnel entering the project area. Upon completion of the program, personnel will sign a form stating that they attended the program and understand all of the avoidance and minimization measures for the Special Status Species.

6. All construction-related trenches and holes in the ground will be covered at the end of each work day to prevent entrapment of Special Status Species. A USFWS-approved biologist will survey the holes at the beginning of each work day to check for trapped Special Status Species. If a Special Status Species is observed, the USFWS-approved biologist will capture and relocate them to a suitable area outside the project area.

7. All organic matter should be removed from nets, traps, boots, vehicle tires and all other surfaces that have come into contact with ponds, wetlands, or potentially contaminated sediments. Items should be washed with a 5 percent bleach solution and rinsed with clean water before leaving each study site. Used cleaning materials (liquids, etc.) should be disposed of safely, and if necessary, taken off site for proper disposal. Used disposable gloves should be retained for safe disposal in sealed bags.

8. Implement measures to minimize the spread of disease and non-native species based on current Wildlife Agency protocols and other best available science.

Migratory Birds BMPs
Raptors

1. Preconstruction surveys for raptors, other special-status birds, and appropriate nesting habitat will be conducted within 50 feet of the construction area no more than three days prior to ground disturbing activities. If an active nest is found, the state agency (ex.

CDFW) will be consulted to determine the appropriate buffer area to be established around the nesting site and the type of buffer to be used, which typically is ESA fencing.

If establishment of a buffer is not feasible, the appropriate agency will be contacted for further avoidance and minimization guidelines.

2. A qualified biologist will conduct weekly monitoring during construction, to evaluate the identified nest for potential disturbances associated with construction activities.

Construction within the buffer is prohibited until the qualified biologist determines the nest is no longer active.

ITEM NO. 16.
6 3. If an active nest is found after construction begins, construction activities in the vicinity of the nest will stop until a qualified biologist has evaluated the nest and established the appropriate buffer around the nest. If establishment of the buffer is not feasible, the appropriate agency will be contacted for further avoidance and minimization guidelines.

Migratory Birds
The measures below would be implemented for construction work during the nesting season (February 15 through August 31).

1. A qualified biologist will conduct preconstruction surveys for nesting migratory birds in the project area no more than three days prior to the start of ground disturbing activities.

If preconstruction surveys indicate the presence of any migratory bird nests where activities would directly result in bird injury or death, a buffer zone of 50 feet will be placed around the nest.

2. Buffers will be established around active migratory bird nests where project activities would directly result in bird injury or death. The size of the buffer may vary for different species and will be determined in coordination with the responsible agency. A qualified biologist will delineate the buffer using ESA fencing, pin flags, and/or yellow caution tape.

3. Buffer zones will be maintained around all active nest sites until the young have fledged and are foraging independently. In the event that an active nest is found after the completion of preconstruction surveys and after construction begins, all construction activities within a 50-foot radius will be stopped until a qualified biologist has evaluated the nest and erected the appropriate buffer around it.

4. If an active nest is found in an area after construction begins, construction activities in the vicinity of the nest will stop until a qualified biologist has evaluated the nest and established the appropriate buffer around the nest. If establishment of the buffer is not feasible, the responsible agency will be contacted for further avoidance and minimization guidelines.

Historic Properties
The following BMPs were developed to be used if cultural resources are present. Further BMPs must be developed based on Federal and State guidelines.

Prehistoric or Historic Subsurface Resources: In the event that any prehistoric or historic subsurface cultural resources, as defined by the responsible agency, are discovered during ground disturbing activities all work within 50 feet of the resources should be halted and the project applicant should consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any find is determined to be significant, representatives of the proponent and the qualified archaeologist would meet to determine the appropriate course of action. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and a report prepared by the qualified archaeologist according to current professional standards.

Unanticipated Paleontological Resources: The project proponent shall notify a qualified paleontologist of unanticipated discoveries, made by either the cultural resources monitor or construction personnel and subsequently document the discovery as needed. In the event of an

ITEM NO. 16.
7 unanticipated discovery of a breas, true, and/or trace fossil during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.

Discovery of Human Remains: In the unlikely event of the discovery of human remains, the following BMPs can be implemented as follows:

1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:

2. The Coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and

3. If the coroner determines the remains to be Native American:
 The coroner shall contact the responsible agency within 24 hours.  The responsible shall identify the person or persons it believes to be the most likely descended from the deceased Native American.

The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods.

Transportation
The following BMPs were developed based on state and local jurisdictions guidelines. Further BMPs must be developed depending on local jurisdiction traffic control requirements.

1. When possible construction crews would travel outside of peak hour traffic times, therefore minimizing peak traffic times impacts.

2. All vehicles related to project constructions, including contractor vehicles and trucks, would use designated Truck Routes, where those are available.

3. Detour signs shall be used when necessary for vehicles, bicycle and pedestrian ways.

4. All detour signs during construction would be designed to meet the responsible agency standards.

5. A Traffic Control Plan shall be implemented if the project is expected to require road closures.

Noise
The following BMPs for noise have been developed by surveying a variety of local noise guidelines, as there are no state or federal guidelines regarding acceptable noise limits. Noise BMPs will vary based on local noise ordinances and land uses surrounding the project area.

1. Provide advance notification to surrounding land uses disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period.

2. Noise-generating construction activities, including truck traffic coming to and from the site for any purpose, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. during

ITEM NO. 16.
8 weekdays and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday, or as specified in the Noise Ordinance of the local municipality.

3. All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment shall be equipped with shrouds and noise control features that are readily available for that type of equipment.

4. Contractor shall be responsible for maintaining equipment in best possible working condition.

5. Mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receivers.

6. Locate construction equipment as far as possible from nearby noise-sensitive receptors.

7. The use of noise-producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only. No project-related public address or music system shall be audible at any adjacent noise-sensitive receptor.

8. The contractor shall notify adjacent property owner, property managers, and business owners of adjacent parcels of the construction schedule in writing and in advance of the work. The notification shall include the name and phone number of a project representative or site supervisor.

9. The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the Owner shall be established prior to construction commencement that shall allow for resolution of noise problems that cannot be immediately solved by the site supervisor.

Hazardous Materials
The following BMPs were developed using state guidelines as well as a variety of local jurisdiction guidelines. The BMPs apply to handling of regular hazardous substances as well as the discovery of unknown or undocumented contamination.

1. Vehicles and equipment would be inspected and approved before use to ensure that they will not leak hazardous materials such as oil, hydraulic fluid, or fuel.

2. Fueling would take place in designated staging areas, outside native vegetation or wetlands.

3. The contractor would have emergency cleanup gear for spills (spill containment and absorption materials) and fire-suppression equipment available onsite at all times. The gear and equipment would be inspected before treatment begins.

4. Leaks, drips, and other spills would be cleaned up immediately to avoid soil or groundwater contamination. Cleanup of a spill on soil would include removing the contaminated soil using the emergency spill cleanup gear. Contaminated soil and disposable gear used to clean up a hazardous materials spill would be properly disposed of following State and Federal hazardous material disposal regulations.

5. Major vehicle maintenance and washing would be done offsite.

6. Spent fluids including motor oil and radiator coolant and used vehicle batteries would be collected, stored, and recycled as hazardous waste offsite.

7. Spilled dry materials would be swept up immediately.

ITEM NO. 16.
9 Unknown and Undocumented Contamination
If hazardous materials are encountered during construction or accidentally released as a result of construction activities the following procedures shall be implemented:

1. Work shall stop in the vicinity of any discovered contamination or release.

2. The scope and immediacy of the problem shall be identified.

3. Coordination with the responsible agencies shall take place.

4. The necessary investigation and remediation activities shall be conducted to resolve the situation before continuing construction work.

The following measures shall be implemented if unknown or undocumented contamination is discovered during construction to avoid potentially significant impacts to hydrology and water resources in the project area.

ITEM NO. 16.
1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):

1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.

2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.

3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.

4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.

5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.

6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.

7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.

8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.

9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.

10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.

11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.

12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.

ITEM NO. 16.
2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.

14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.

15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMAapproved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.

16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.

17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).

18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.

Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans. \\R9li8a1\mitdata$\05. HMA Grants Management\02. HMGP\HMGP Standard Conditions\Standard HMGP Conditions, August 2018.docx

ITEM NO. 16.

CalVTP Project-Specific Analysis and
Addendum to the PEIR for the
Town of Los Gatos Open Space
Vegetation Management Plan,
Santa Clara County, California
AUGUST 2023

PREPARED FOR
Town of Los Gatos

PREPARED BY
SWCA Environmental Consultants
ATTACHMENT 3

ITEM NO. 16.

ITEM NO. 16.

CALVTP PROJECT-SPECIFIC ANALYSIS AND

ADDENDUM TO THE PEIR FOR THE

TOWN OF LOS GATOS

OPEN SPACE VEGETATION MANAGEMENT PLAN,

SANTA CLARA COUNTY, CALIFORNIA
Prepared for
Town of Los Gatos
Department of Public Works
41 Miles Avenue
Los Gatos, CA 95030
Prepared by
SWCA Environmental Consultants
60 Stone Pine Road, Suite 100
Half Moon Bay, CA 94019
(650) 440-4160
www.swca.com
August 2023

ITEM NO. 16.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR i

CONTENTS
1 Project Overview .................................................................................................................................. 1

1.1 CEQA Lead Agency and Proposed Project ............................................................................... 1

1.2 Purpose of this Document ......................................................................................................... 1 2 Project Description ............................................................................................................................... 3

2.1 Project Background ................................................................................................................... 3

2.2 Purpose and Need ...................................................................................................................... 4

2.3 Project Activities ....................................................................................................................... 4 3 Environmental Checklist ................................................................................................................... 21 4 Project-Specific Analysis.................................................................................................................... 24

4.1 Aesthetics and Visual Resources ............................................................................................. 24

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

4.3 Air Quality ............................................................................................................................... 29

4.4 Archaeological, Historical, and Tribal Cultural Resources ..................................................... 34

4.5 Biological Resources ............................................................................................................... 38

4.6 Geology, Soils, Paleontology, and Mineral Resources ............................................................ 52

4.7 Greenhouse Gas Emissions ..................................................................................................... 54

4.8 Energy Resources .................................................................................................................... 56

4.9 Hazardous Materials, Public Health, and Safety ..................................................................... 58

4.10 Hydrology and Water Quality ................................................................................................. 61

4.11 Land Use and Planning, Population and Housing ................................................................... 66

4.12 Noise ........................................................................................................................................ 68

4.13 Recreation ................................................................................................................................ 70

4.14 Transportation ......................................................................................................................... 72

4.15 Public Services, Utilities, and Service Systems ...................................................................... 75

4.16 Wildfire ................................................................................................................................... 77 5 List of Preparers ................................................................................................................................. 79 6 References ........................................................................................................................................... 80 Appendices
Appendix A. CalVTP PEIR Addendum Project-Specific Mitigation Monitoring and Reporting Program Appendix B. Open Space VMP Treatment Activities Maps

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR ii
Figures
Figure 1. Proposed VMP Project Treatment Areas. ...................................................................................... 2 Tables
Table 1. Proposed VMP Treatments and CalVTP Treatment Types ............................................................ 7 Table 2. Site- and Work-Specific Avoidance and Minimization Measures ................................................ 17 Table 3. Species with Potential to Occur in the Project Area ..................................................................... 42

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR iii
Acronyms and Abbreviations
ABAG Association of Bay Area Governments
ACM asbestos-containing material
AMMs Avoidance and Minimization Measures
BAAQMD Bay Area Air Quality Management District
BMP best management practice
CAAQS California Ambient Air Quality Standards
Cal-IPC California Invasive Plant Council
Cal/OSHA California Division of Occupational Health and Safety Administration CalEPA California Environmental Protection Agency
CAL FIRE California Board of Forestry and Fire Protection Caltrans California Department of Transportation
CalVTP California Vegetation Treatment Program
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CGS California Geologic Survey
CHRIS California Historical Resources Information System CHSC California Health and Safety Code
CNDDB California Natural Diversity Database
CNPS California Native Plant Society
CO carbon monoxide
County County of Santa Clara
CWPP Community Wildlife Protection Plan
dbh diameter at breast height
DPM diesel particulate matter
DTSC California Department of Toxic Substances Control
GHG greenhouse gas
HCP Habitat Conservation Plan
HWCA Hazardous Waste Control Act
LOS level of service
LRA Local Responsibility Area
Midpen Midpeninsula Regional Open Space District
MM Mitigation Measure
MMRP Mitigation Monitoring and Reporting Program

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR iv
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NCCP Natural Community Conservation Plan
NO2 nitrogen dioxide
NOA naturally occurring asbestos
NOx nitrogen oxides
NWI National Wetlands Inventory
NWIC Northwest Information Center
OPR California Governor’s Office of Planning and Research PEIR Program Environmental Impact Report
PM2.5 particulate matter less than 2.5 microns in diameter PM10 particulate matter less than 10 microns in diameter PRC Public Resources Code
proposed project Town of Los Gatos Undeveloped Parks and Open Space Areas Vegetation Management Plan
PSA Project-Specific Analysis
ROG reactive organic gases
RWQCB Regional Water Quality Control Board
SCS Sustainable Communities Strategy
SENL single event [impulsive] noise level
SO2 sulfur dioxide
SPR Standard Project Requirement
SR State Route
SRA State Responsibility Area
Town Town of Los Gatos
USFWS U.S. Fish and Wildlife Service
USGS U.S. Geological Survey
VHFHSZ Very High Fire Hazard Severity Zone
VMP Vegetation Management Plan
VMT vehicle miles traveled
WUI wildland-urban interface

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 1 1 PROJECT OVERVIEW
The California Vegetation Treatment Program (CalVTP) Program Environmental Impact Report (PEIR) evaluates the potential environmental effects of implementing qualifying vegetation treatments to reduce the risk of wildfire throughout the State Responsibility Area (SRA) in California (CAL FIRE 2019a). It was designed for use by many state and local agencies and special districts to accelerate vegetation treatment project approvals by finding them to be within the scope of the PEIR.

The Town of Los Gatos (Town) proposes to implement a Vegetation Management Plan (VMP) throughout its Town-owned and maintained undeveloped parks and open space areas within the Very High Fire Hazard Severity Zone (VHFHSZ) (Figure 1; Town of Los Gatos 2019b). The Town is seeking California Environmental Quality Act (CEQA) compliance for the Town of Los Gatos Undeveloped Parks and Open Space Areas Vegetation Management Plan (proposed project) through preparation of this CalVTP Project-Specific Analysis (PSA) and addendum to the PEIR.1

1.1 CEQA Lead Agency and Proposed Project
Serving as the Lead Agency under CEQA, the Town proposes to implement fuel reduction treatments on approximately 193.91 acres within Local Responsibility Areas (LRAs) in the Town of Los Gatos, Santa Clara County, California (see Figure 1). The Town is seeking CEQA compliance for the proposed project as a later activity covered by the PEIR using its PSA checklist. The proposed treatment types (i.e., wildland-urban interface [WUI] fuel reduction and fuelbreaks) and the treatment activities (i.e., manual treatments, mechanical treatments, prescribed herbivory, and chemical treatments) are consistent with those evaluated in the PEIR. Ongoing maintenance of the proposed vegetation treatments would involve the same treatment activities as the original treatments (i.e., manual treatments, mechanical treatments, prescribed herbivory, and chemical treatments). The treatment areas are partially outside the CalVTP treatable landscape.

1.2 Purpose of this Document
This document serves as the PSA to evaluate whether the proposed project is within the scope of the PEIR. As described above, the treatment types and activities are consistent with the CalVTP. Among the other criteria for determining whether a treatment project is within the scope of the PEIR is whether it is within the CalVTP treatable landscape (i.e., the geographic extent of analysis covered in the PEIR). If a proposed vegetation treatment project is covered by the evaluation of environmental effects in the PEIR, it may be approved using a finding that the project is within the scope of the PEIR for its CEQA compliance, consistent with State CEQA Guidelines Section 15168(c)(2).

The majority of the proposed project treatment areas extend outside of the CalVTP treatable landscape within an LRA. Portions of the Santa Rosa and Heintz Open Spaces are within the treatable landscape, but the remainder of the open spaces and three Town parks are scattered throughout the Town and are outside of the treatable landscape. However, the southern and southwestern border of the Town are adjacent to the CalVTP treatable landscape and there are scattered polygons of treatable landscape through the southern and southeastern parts of the Town. 1 The roadway portions of the VMP project qualified for a CEQA Statutory Exemption under Article 18, Section 15269(c) - Emergency Projects exemption. Article 18, Section 15269(b) addresses emergency repairs necessary to maintain services essential to public health, safety, or welfare. These emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. Article 18, Section 15269(c) applies to specific actions necessary to mitigate an emergency, including “activities such as fire or catastrophic risk mitigation or modifications to improve facility integrity.”

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 2 Figure 1. Proposed VMP Project Treatment Areas.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 3 If the areas of the proposed project outside of the CalVTP treatable landscape have essentially the same, or at least substantially similar, landscape conditions as the treatable landscape, the environmental analysis in the PEIR would be applicable.

An Addendum to an Environmental Impact Report (EIR) is appropriate when a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in new or substantially more severe significant environmental impacts, consistent with CEQA Section 21166 and State CEQA Guidelines Sections 15162, 15163, 15164, and 15168. In this case, there is a proposed revision to or change in the project, compared to the PEIR, which is the inclusion of areas outside of the CalVTP treatable landscape. The PSA checklist (refer to Section 4, Project-Specific Analysis/Addendum) includes the criteria to support an Addendum to the CalVTP PEIR for the inclusion of proposed treatment areas outside the CalVTP treatable landscape. The checklist evaluates each resource in terms of whether the later treatment project, including the “changed condition” of additional geographic area, would result in significant impacts that would be substantially more severe than those covered in the CalVTP PEIR and/or would result in any new impacts that were not covered in the PEIR.

This document serves as both a PSA and an Addendum to the CalVTP PEIR to provide CEQA compliance for the proposed vegetation treatments within and outside of the treatable landscape. The Project-Specific Mitigation Monitoring and Reporting Program (MMRP), which identifies the CalVTP Standard Project Requirements (SPRs) and Mitigation Measures (MMs) applicable to the proposed project, is presented in Appendix A. The SPRs identified in the MMRP have been incorporated into the proposed vegetation treatments as a standard part of treatment design and implementation. 2 PROJECT DESCRIPTION

2.1 Project Background
The Town houses a complex wildfire environment (e.g., narrow, winding roads; combustible vegetation) that presents a significant risk to both residents and firefighters. The Town is included as a community at risk from wildfires on the federal and California Fire Alliance list of communities at risk in Santa Clara County (California Board of Forestry and Fire Protection [CAL FIRE] 2020).

The Town WUI planning area includes approximately 4,740 acres of primarily VHFHSZ areas, as defined by CAL FIRE and the Town Fire Prevention and Protection Ordinance (CAL FIRE 2007 Town of Los Gatos 1996, 2019a, 2020a). Approximately a quarter of the Town’s residences are located within the WUI. Of an estimated 2018 total of 13,299 residences, the WUI contains approximately 3,091 (Town of Los Gatos 2022a). A Community Wildfire Protection Plan (CWPP) was prepared for the County of Santa Clara (County) in 2016 (County of Santa Clara 2016). The Town of Los Gatos Annex (Annex 9) of the CWPP addressed specific wildfire prevention and mitigation needs for the Town and identified the need for the following that pertain to the Town’s parks and open spaces:
 Community outreach and prioritizing treatments along existing trails that could help to provide a more substantial fuel break and break up the continuity of fuels (Strategic Goal FR-1).  Prioritize treatments along existing trails to provide fuel breaks and break up continuity of fuels (Strategic Goal FR-1).
 Establish maintenance program in WUI areas where fire behavior and evacuation timing are problematic (Strategic Goal FC-2; County of Santa Clara 2019).

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 4 The VMP was prepared to address those needs and outlines a strategy for managing fuel loads and vegetation along roadways in the Town’s VHFHSZ (Phase 1) and on Town-owned open space lands/undeveloped parks (Phase 2). Phase 1 of the VMP, which included vegetation management along roadways, was determined to be exempt from CEQA and is not considered in this PSA. This PSA will include Phase 2 of the VMP, which includes vegetation management in Town-owned open space lands and undeveloped parks.

The goal of the Open Space VMP is to manage vegetation and create fuel breaks along trails in the Townowned open space/undeveloped park lands through modification of vegetation to reduce crown overlap and ignition points with overhead powerlines, reduce ladder fuels and combustible surface fuels, enhance and maintain trails for efficient and effective evacuations, and create defensible space for fighting fires.

Vegetation management in the Town will provide defensible space around structures and assets where these zones extend onto Town open space/undeveloped parks and create strategic fuel breaks to decrease intensity and duration of fires reducing their ability to accelerate and spread.

The VMP includes fire management strategies to reduce the potential for catastrophic wildfires to occur within the Town. The goals, objectives, and recommendations identified in the VMP are based on existing field conditions and accepted CAL FIRE, County, and Town vegetation management guidelines for wildfire hazard reduction (CAL FIRE 2019b; Town of Los Gatos 2020a). This VMP also identifies best management practices (BMPs) to be implemented during vegetation management activities to reduce or avoid impacts to the Town’s valuable natural resources and maintain important wildlife habitat.

2.2 Purpose and Need
The overarching purpose of the Open Space VMP is to provide a framework for reducing and managing vegetative fuel loads on Town-owned open spaces/undeveloped parks within the Town’s VHFHSZ to minimize wildfire hazard while avoiding or minimizing negative environmental effects. The Open Space VMP follows the vegetation management treatments for reducing wildfire hazard described in the CalVTP.

The Open Space VMP identifies and prioritizes fuel reduction treatments to remove hazardous vegetation from 193.91 acres of Town-owned open space lands and undeveloped parks, including the Santa Rosa and Heintz Open Spaces and La Rinconada, Novitiate, and Worcester Parks (see Figure 1). The Open Space VMP also discusses fire safety of land uses bordering the Town’s undeveloped parks and open space areas and identifies recommended measures that private landowners can take to reduce wildfire risk and ignition potential throughout the VMP Area.

The Town will avoid and minimize potential negative environmental effects of vegetation management to the greatest extent feasible, but also acknowledges that vegetation management is essential to public safety and that environmental impacts of a catastrophic wildfire and post-fire effects within the Town could greatly exceed the impacts of routine maintenance activities.

2.3 Project Activities

2.3.1 Project Area
The proposed project consists of fuel reduction treatments over approximately 193.91 acres within five Town-owned and managed open space and undeveloped park areas (Town of Los Gatos 2008), including

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 5 two open space areas and three undeveloped parks within the VHFHSZ.2 These parks and open spaces are also adjacent to WUI areas that are identified as VHFHSZ (Association of Bay Area Governments [ABAG] 2019).3

SANTA ROSA OPEN SPACE
The Santa Rosa Open Space area is located on approximately 76 acres of Town-owned land on the east side of the Town adjacent to and east of Heintz Open Space. Its northern boundary is adjacent to WUI lands that are also VHFHSZ, and its southern and eastern boundaries are adjacent to scattered WUI areas, some of which are also VHFHSZ. The Santa Rosa Open Space has a canopy primarily composed of oak woodland forest, including valley oak (Quercus lobata), coast live oak (Quercus agrifolia), and California buckeye (Aesculus californica), with an understory dominated by non-native annual grasslands, including slender oat (Avena barbata), and California natives, including coyote brush (Baccharis pilularis), poison oak (Toxicodendron diversilobum), California sage (Artemisia californica), elderberry (Sambucus nigra), California rose (Rosa californica), and snowberry (Symphoricarpos albus).

Dominant invasive species include Italian thistle (Carduus pycnocephalus), star thistle (Centaurea solstitialis), stinkwort (Dittrichia graveolens), and cotoneaster. Several eucalyptus (Eucalyptus spp.) trees and ornamental tree species were observed adjacent to the Santa Rosa Open Space. There are areas of canopy connectivity across fire roads, mostly composed of oaks, areas with dense understories, and areas of minor powerline entanglement. Woody slash and debris were observed stockpiled in concentrated areas. These woody slash and debris areas are currently periodically removed but may also be chipped and left in place as part of the Open Space VMP.

HEINTZ OPEN SPACE
The Heintz Open Space is located on approximately 88 acres of Town-owned land near the Summerhill Homes development in the Heritage Grove neighborhood in the Town. The Heintz Open Space connects to the Shannon Valley Open Space, Belgatos Park, and Santa Rosa Open Space. Similar to the Santa Rosa Open Space, its northern border is comprised of WUI lands that are also VHFHSZ. Its southern and western borders are adjacent to scattered WUI lands. The Heintz Open Space is dominated by oak woodland and California buckeye. Vegetation is overall consistent with the Santa Rosa Open Space, as described above. Areas of canopy connectivity occur within this open space and will require maintenance for fire truck access.

LA RINCONADA PARK
La Rinconada Park is an approximately 9-acre forested creekside park located at 151 Granada Way. It includes a 4-mile trail along Smith Creek, an unlit tennis court, a playground, and picnic areas. La Rinconada Country Club golf course is located adjacent to La Rinconada Park along the park’s eastern boundary near Smith Creek. Residential properties are located to the west of the park along Granada Way.

The nearest WUI, which includes some VHFHSZ, is 0.3 mile south and connected by the Smith Creek riparian corridor. Valley oak and coast live oak dominate along the riparian area, which bisects the park.

The understory is sparse and contains invasive species, including English ivy (Hedera helix), French broom (Genista monspessulana), acacia, and privet near the southern park boundary. Large patches of ivy are dominant at the northern boundary adjacent to the public tennis courts (Town of Los Gatos 2020c). 2 La Rinconada Park is not within the VHFHSZ; however, it is included because it contains an area of mature trees and dense vegetation in close proximity to a residential area.
3 La Rinconada Park is 0.3 mile north of the nearest WUI area, however, the intervening land includes a creek with continuous riparian vegetation. Such watercourses are capable of providing a conduit for wildfire (North 2012).

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 6 NOVITIATE PARK
Novitiate Park is located at 300 Jones Road and includes approximately 10 acres of former vineyard, now minimally developed with trails and coast live oak woodland. It is a gateway to the Midpeninsula Regional Open Space District (Midpen) St. Joseph Hill Open Space and is surrounded by WUI lands that are also VHFHSZ. Los Gatos Creek borders the western boundary of Novitiate Park and is dominated by California bay (Umbellularia californica), coast live oak, and sycamore. A dense understory of French broom along the eastern park boundary and an infestation of Italian thistle along the northern park boundary are present within this park. Coast live oak savannah and non-native annual grassland are consistent throughout the area with elderberry and poison oak interspersed towards the center of the park.

Excess woody debris and slash occupy areas of the understory in northern and western portions of the park (Town of Los Gatos 2020c).

WORCESTER PARK
Worcester Park is located at 140 Worcester Loop. It consists of approximately 11 acres of oak woodland with three trails and is surrounded on all sides by residences that are located in the WUI and VHFHSZ (ABAG 2019). Worcester Park is dominated primarily by coast live oak woodland. A dense understory composed of French broom, olive (Olea europaea), elderberry, ivy, Italian thistle, tree of heaven (Ailanthus altissima), and woody debris is interspersed. A small irrigation-fed seep with hydrophytic vegetation, including nut sedge (Cyperus eragrostis), occurs on the western park boundary. Sparse areas of ivy, vinca (Vinca major), and acacia occur throughout the park and may require management to prevent future infestations. Dense mats of English ivy and broom are growing along the fence on the western edge of the park in the understory and will require management (Town of Los Gatos 2020c).

2.3.2 Treatment Type: Wildland-Urban Interface Fuel Reduction The proposed project includes fuel reduction activities within LRA areas that are adjacent to WUI areas in the Town. Strategic fuel reduction activities would be conducted to reduce dead and dying trees and understory brush that pose a threat of wildfire to nearby neighborhoods within the proposed treatment areas. This proposed treatment type is consistent with the PEIR for modifications of landscape to reduce losses and improve resiliency to wildfire (SWCA Environmental Consultants [SWCA] 2020).

The focus of WUI fuel reduction treatments is to strategically reduce vegetation density and remove fuel to directly protect communities from wildfires originating in adjacent open space areas and protect open space areas from wildfire starting in or near development. These treatments also serve as emergency access points and staging areas for firefighters and equipment. WUI fuel reduction would also address areas where habitat is degraded by infestation of non-native plant species and in need of fuel reduction.

Activities implemented within the WUI fuel reduction treatment type would occur within the 100-foot defensible space requirements on Town-owned open space, as well as within the open space areas and undeveloped parks, to reduce the overall risk of ignition and slow the rate of wildfire if it occurs within the Town. Proposed treatment activities include removing hazardous trees, thinning understory trees and brush, reducing ladder fuels, and removing fuels along trails throughout proposed treatment areas to reduce potential wildfire fuels within and adjacent to the WUI. Appendix B identifies the specific areas where WUI fuel reduction (i.e., defensible space and fuel reduction area treatments) and non-native species removal will occur within the Open Space VMP Area.

2.3.3 Treatment Type: Fuel Break
There are two types of fuel break treatment types: non-shaded fuel breaks and shaded fuel breaks. Nonshaded fuel breaks are typically created where there is a natural change in vegetation type, such as from

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 7 forest to grassland. Heavy equipment is typically used to remove all vegetation from this type of fuel break, although manual removal or prescribed burning may be used on slopes steeper than 50% to 60%.

Shaded fuel breaks are used in forest settings. The tree canopy is thinned to reduce the potential for crown fire to move through the canopy, but large trees remain. The shade of the retained canopy helps reduce regrowth of shrubs and sprouting hardwoods. Shaded fuel breaks are used instead of non-shaded fuel breaks in areas where habitat needs to be retained for sensitive species, there is potential for erosion, there is potential for visual impacts, or the fuel type allows this type of treatment. The proposed project would create shaded fuel breaks that will be 100-feet wide and will be located along open space/undeveloped park boundaries, and along fire roads and trails. Appendix B identifies the specific areas where fuel breaks will occur within the Open Space VMP Area.

2.3.4 Treatment Activities
As described in Table 1, proposed treatment activities include mechanical thinning, mechanical mowing, manual thinning, prescribed herbivory, and herbicide application over approximately 193.91 acres of proposed treatment areas within the Town. Each of these activities are included as vegetation treatments in the PEIR and are described in detail below.

Table 1. Proposed VMP Treatments and CalVTP Treatment Types CalVTP
Treatment
Type Treatment Description
CalVTP
Treatment
Activity
Treatment
Size
(acres)
Equipment Used
for Treatments
Timing of
CalVTP Treatments
WUI Fuel
Reduction/
Fuel Break
Use of motorized equipment to
grade, mow, disk, cut, masticate,
and grub existing vegetation to
reduce fuel loads within the WUI,
including in the Defensible Space
areas or create zone of
vegetation removal that support
fire suppression.

Mechanical
Treatment
Up to 194
acres
Bobcats,
chippers, tractors,
masticators, skid
steers, dozers,
and mowers
Mechanical treatment
may be conducted
year-round. Nesting
bird Avoidance and
Minimization Measures
(AMMs) would apply
March through August.

Use of hand tools and handoperated power tools to cut, clear, or prune herbaceous or
woody species to avoid impacts
to sensitive habitats while
reducing fuel loads within the
WUI.

Manual
Treatment
Up to 194
acres
Shovels,
wrenches,
chainsaws,
handsaws,
pruning shears,
trimmers, weed
whackers, and
loppers
Manual treatment may
be conducted year
round depending on
the growth patterns of
the species. Nesting
bird AMMs would apply
March through August.

Use of livestock to consume
grasses forbs and emerging
shrubs and trees, to reduce
understory and herbaceous fuel
loads.

Prescribed
Herbivory
Up to 137
acres
Livestock, such
as cattle, goats,
sheep, or horses
Prescribed herbivory
would be conducted
year round, but
primarily in late spring
through late summer.

Herbicide application is typically
performed by hand and can
include sponging, spraying (e.g.,
backpack hand applicator, boom
sprayers), hand placement of
pellets, or dusting chemicals onto
targeted vegetation. Herbicide
application would be used for
invasive species removal.

Herbicide
Treatment
Up to 10
acres
Backpack hand
applicator, boom
sprayers
Chemical applications
may be conducted
January through
September, depending
on the invasive species
growth patterns.

Total Project
Acres
193.91 acres*
Source: SWCA (2021); CAL FIRE (2019c, Town of Los Gatos (2020c) * Please note that more than one treatment may be applied at each location; therefore, the total acreage of treatments exceeds the total acreage in the project area.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 8 MECHANICAL VEGETATION TREATMENT
Mechanical treatments involve the use of heavy machinery or equipment rather than hand or manual equipment to remove or alter vegetation and woody debris. Generally, this treatment option is used to create fire roads and/or breaks. Grading, mowing, disking, cutting, masticating, and grubbing are all examples of mechanical treatments. Mechanical treatments can be used on all vegetation types; however, access for machinery needs to be considered (e.g., slope, terrain, vegetation, seedbed preparation and revegetation needs, climate conditions, soil) before implementing this treatment type. Some areas may require more than one type of machinery to operate at once. For example, one machine may be cutting or removing vegetation and placing it in a stockpile for another machine to then chip in place or haul offsite. Vegetation removed during mechanical treatment would be disposed of by one or a combination of the following methods: lopping debris to a specified maximum length and scattering it within the treatment boundary to a specified depth to reduce flame lengths in the event of a wildfire, piling and leaving piles for wildlife habitat, chipping and blowing chips onto the ground as mulch or into piles for later removal, cutting large woody material into lengths for firewood, removing large wood material by hand, or hauling off-site to an appropriate facility.

This treatment option works best in areas with one uniform vegetation type. Operators of heavy machinery and equipment do not have the same ability as hand removal treatments to selectively remove species. However, it is possible with guidance for machinery to navigate around sensitive areas. Operators should be specifically trained to operate heavy machinery and supervised while conducting vegetation removal to limit impacts. Examples of heavy machinery and equipment include bobcats, chippers, tractors, and mowers. Mechanical treatments require ongoing monitoring and maintenance since residual weed or shrub seed in the soil or resprouting of shrubs may revegetate treated areas with undesired plants.

Most mechanical treatment occurs in late spring, summer, or fall.

MANUAL VEGETATION TREATMENT
Manual treatment involves the use of hand tools and hand-operated power tools to cut, clear, or prune herbaceous or wood species. Hand removal is an effective but labor-intensive treatment option. Activities include hand pulling, trimming, pruning, cutting, and removal of trees, shrubs, or dead vegetation using only your hands or handheld equipment. Hand tools, including shovels, wrenches, chainsaws, handsaws, pruning shears, trimmers, weed whackers, and loppers, are used to trim and remove vegetation. This treatment requires less ground disturbance than mechanical treatment. Hand removal is a good treatment technique in areas with a vegetation mosaic, meaning multiple vegetation types in one area, where removal needs to be more selective. Solarizing and mulch application can also be placed on top of vegetation to reduce or stop growth through a combination of heat and lack of sunlight. These methods can take anywhere between 2 weeks and 6 months to treat vegetation, depending on the type and size of the vegetation and the treatment area size. This treatment option is most effective for spot treatments, not for widespread infestations. Vegetation that accumulates during manual treatments would be disposed of as described above for mechanical treatments.

PRESCRIBED HERBIVORY
Grazing or prescribed herbivory involves using livestock, such as cattle, goats, sheep, or horses, to reduce understory and herbaceous fuel loads. Livestock consume grasses, forbs, and emerging trees and shrubs that contribute to the overall hazardous fuel load. Livestock do not effectively create fuel breaks; this treatment should be used to maintain vegetative growth to reduce fuel loads in grasslands, in brushlands, and beneath tree canopies. Livestock can also be used to remove non-native species infestations.

Grazing typically occurs late in spring when certain vegetation growth starts to slow and continues through the late summer. Some livestock are better suited to specific habitat and terrain types. For the

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 9 open space areas/undeveloped parks, goats are the recommended livestock choice due to their ability to traverse a diverse range of terrains; consume large areas of vegetation including woody shrubs, vines, and trees over a short time-period; and remove materials up to 6 feet above the ground.

It is important that livestock are managed and remain only in designated grazing areas, which may require a herder, fencing, mineral block, and/or watering site. A site-specific grazing management plan should be prepared and implemented by a qualified contractor to prevent grazing or disturbance of sensitive resources. This grazing plan should clearly identify livestock containment methods such as portable or fixed fencing and/or herders, as well as timing of grazing activities, and movement of grazing animals to new locations. A target vegetation removal goal should also be identified in the grazing management plan to determine the amount of vegetation (usually expressed in pounds per acre) to prevent overgrazing.

Grazing does not need to occur on an annual basis for hazardous fuel reduction if the goal is to simply maintain fuel load in a specific area. If the goal is to reduce fuels, then grazing should occur on an annual basis and can be adjusted as needed. Consultation with a Certified Rangeland Manager is advised when conducting prescribed herbivory.

HERBICIDE
Herbicides are chemicals that damage or kill plants, and can be classified by their mode of action, that interfere with plant metabolism in different ways. Herbicides include growth regulators, amino acid inhibitors, grass meristem destroyers, cell membrane destroyers, root and shoot inhibitors, and amino acid derivatives. Herbicide treatments are also either selective (i.e., they kill only a specific type of plant) or non-selective (i.e., they kill any type of plant). There are multiple factors to consider before applying herbicide treatments. These factors include the type or species of plant and the life stage, size, density, and location of the species. Herbicide treatments are only suited for specific vegetation types and densities. For example, larger species in low densities that are more difficult to remove, such as eucalyptus, could be treated with herbicides as secondary spot treatments while broom species that generally occur in high densities should be removed using hand tools, such as a broom wrench.

Application of herbicide treatments directly on plant tissues is one of the most effective methods. All herbicide treatments must be conducted from the ground and no aerial applications would be allowed as part of this VMP. Herbicide application is typically performed by hand and can include sponging, spraying (e.g., backpack hand applicator, boom sprayers), hand placement of pellets, or dusting chemicals onto targeted vegetation.

Herbicide treatments are optional as part of the Open Space VMP, on an as-needed basis, but are not to be used in areas with sensitive biological resources, including riparian habitat. Consistent with the CalVTP, the Open Space VMP would allow for the use of the following herbicides in the open space/undeveloped parks areas: borax (tetraborate decahydrate), clopyralid (monethanolamine salt), glyphosate (ispropylamine salt, potassium salt, dimethylamine salt, diammonium salt), hexazinone, imazapyr (isopropylamine salt), sulfometron methyl, triclopyr (butoxyethyl ester and triethylamine salt), nonylphenol 9 ethoxylates (NP9E), cleantraxx (penoxsulam and oxyfluorfen), velpar (hexazinone), and indaziflam.

Herbicide treatments can be highly effective in reducing the number of live species but require extra measures, such as training and certification to handle chemicals/pesticides, equipment, and storage.

Certification is required to apply herbicides in the State of California through the California Department of Pesticide Regulation and requires the certified party to obtain appropriate personal protective equipment (PPE), including, but not limited to, masks or respirators, safety goggles, gloves, protective clothing, hard hats, and boots. In addition, after herbicide application, dead species still need to be removed so that dry woody debris does not add to fuel loads. Herbicide treatments require ongoing monitoring and maintenance. Herbicide treatments must be performed in accordance with federal and state regulations by a licensed Pest Control Advisor.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 10 2.3.5 Vegetation Management and Maintenance Standards and Areas
Vegetation management for wildfire hazard reduction is an ongoing, cyclical process. Given the dynamic nature of vegetation, a single management prescription cannot be assigned to any location and be effective in perpetuity. Additionally, management prescriptions intended for initial treatments may differ from those intended for future maintenance of the same area. As a result, the management and maintenance standards presented in this section have been broken down by specific vegetation types known to occur within the overall Open Space VMP Area. In addition, certain vegetation community/land cover types found in the Open Space VMP Area (i.e., urban) do not present a wildfire hazard due to noncombustible condition and are not included in the VMP.

Vegetation management treatments outlined in the previous section will be selected based on the needs of each Open Space VMP location as conditions change over time. The management and maintenance standards outlined in this section are intended to modify fuel arrangements to reduce the potential for ignitions, rapid fire spread, crown fires, and extreme fire behavior in accordance with state and local regulations. These standards have ultimately been developed to reduce fuel loads, eliminate ladder fuels, disrupt the horizontal continuity of vegetation, remove non-native species, minimize ignition potential, and prioritize retention of non-combustible plants.

The Town will work with private contractors annually to inspect and clear vegetation (as needed) within the Town-owned open space and undeveloped park areas. Clearing activities in these areas will include the following management standards:
 Establish a defensible space zone around buildings on adjacent private properties. The Town will remove or treat vegetation on identified Town-owned property within 100 feet of adjacent buildings to create a 100-foot defensible space perimeter. The Town will not remove or treat any vegetation on private property.
 Within 30 feet of a habitable structure on Town-owned properties, grasses (annual or perennial), weeds, and thistles will be treated such that heights do not exceed 3 inches. Grasses will not be pulled from the ground to avoid soil erosion. 4
 Beyond 30 feet of a habitable structure, grasses (annual or perennial), weeds, and thistles will be treated such that heights do not exceed 18 inches.
 All dead trees and dead or dying ground cover, brush/scrub, twigs, branches, limbs, vines, or other vegetation will be removed from within the 100-foot defensible space area.  Dead trees will strategically be removed from open spaces areas outside the 100-foot defensible space area within the areas identified as fuel reduction area and shaded fuel break.  Dead or dying growth will be strategically removed from brush/scrub and trees from open space areas outside the 100-foot defensible space area within the areas identified as fuel reduction area and shaded fuel break.
 Dead or dying ground cover, woody slash and debris, brush/scrub, twigs, branches, limbs, vines, or other vegetation will strategically be removed from open space areas outside the 100-foot defensible space area within the areas identified as fuel reduction area and shaded fuel break.

Alternatively, any removed wood could be chipped and spread on-site as mulch.  Areas within the shaded fuel break and fuel reduction areas will be thinned by removing trees and shrubs or chipping them and spreading them on-site as mulch. Treatments for these areas should 4 Cut grass may be left on the ground surface to protect soil as long as it does not exceed 6 inches in height.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 11 follow standards discussed in Standards for Vegetation Communities within the VMP Area, for the appropriate vegetation community.
 Non-native/invasive species will be removed and hauled off site. Treatments within these areas should follow standards for invasive species discussed in Standards for Vegetation Communities within the VMP Area.
 Eucalyptus and acacia trees will be removed.

Areas where defensible space, fuel reduction areas, shaded fuel breaks, mowing/grazing, and invasive species are proposed to be implemented within each Open Space VMP location is included in Appendix B.

STANDARDS FOR VEGETATION COMMUNITIES WITHIN THE VMP AREA The following section describes specific treatment standards for vegetative fuels present within the Open Space VMP Area. All vegetation removed from Open Space VMP management areas should be chipped in place and spread as mulch or transported and disposed of in accordance with Town codes and standards. All treatment activities will follow the appropriate recommendations for fuel reduction according to vegetation type within the open space/undeveloped park areas, consistent with CalVTP and CAL FIRE recommendations. Avoidance and Minimization Measures (AMMs) and BMPs are listed in Section 2.3.7 Avoidance and Minimization Implementation. In addition, the proposed project would implement applicable CalVTP SPRs, which are further described in the individual resources sections included in Section 4, Project-Specific Analysis.

Grassland/Herbaceous
Grassland and certain herbaceous species are flash fuels with quick ignition, burn, and dispersal rates.

Non-native annual grassland and herbaceous understories are present throughout the Open Space VMP Area. Recommendations for grassland/herbaceous areas follow:
 In areas where grassland transitions to woodland habitat, a fuel break should be maintained to prevent ignition of surrounding vegetation. A minimum break of 10 feet of horizontal distance should be maintained between grassland and woodland habitat.  Woody slash and debris created by dead herbaceous vegetation should be hauled off-site or chipped in place. Vegetative materials chipped in place must not exceed 6 inches in height and should be evenly distributed to prevent a buildup of debris.  Cut grass must be removed if it exceeds 6 inches of vertical height. If it is below 6 inches in height, grass cuttings can be left in place to protect ground soils from erosion.  Grazing is allowed in this habitat and can occur year-round in certain areas, although it is recommended and most effective in late spring through late summer. Grazing should follow the grazing plan provided by the hired grazing management company.

Chaparral/Scrub
Chaparral, scrub, and brush occur throughout the VMP Area and include species like California sage scrub and coyote brush. This vegetation type generally occurs in dense clusters with some tree species interspersed. Recommendations for chaparral/scrub areas follow:
 Dead and dying debris should be cut and trimmed or removed. Roots can be left in place in order to maintain soil stability if necessary.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 12  All vegetative debris should be hauled off-site or chipped in place. Vegetative materials chipped in place must not exceed 6 inches in height and should be evenly distributed to prevent a buildup of debris.
 If trees are growing among this community, a minimum distance of three times the height of the scrub should be cleared between the lowest lying branches and the chaparral/scrub species.  Horizontal separation should be two to three times the height of the chaparral/scrub.

Oak Woodland
Oak woodland dominates the Open Space VMP Area and includes a combination of coast live oak, valley oak, California bay, California buckeye, and walnut. As previously mentioned, this is a sensitive vegetation community and work in this habitat type should be minimal and conducted in accordance with AMMs and BMPs outlined below in Section 2.3.7 Avoidance and Minimization Implementation.

Canopies in this community are intermittent to continuous. In areas with breaks in the canopy, understories are generally composed of grassland and brush and scrub species. Recommendations for oak woodland areas follow:
 In canopy breaks, maintain a vertical distance of 3 feet between surface fuels and low-lying tree branches. In areas where shrubs and scrub occupy the understory, a horizontal distance of at least three times the size of the scrub should be maintained. If grassland or herbaceous fuels are present in understories, a minimum distance of three times the vertical height of surface fuels should be maintained.
 Duff and leaf litter should not exceed 3 feet above ground level.  If highly flammable species are present in oak woodland habitat, they should be removed and hauled off-site.
 Only shaded fuel breaks or thinning will be used in oak woodland and will not remove more than 20% of oak woodland vegetation (i.e., if the oak woodland covers 100 acres, no more than 20 acres will be converted to thin or create the shaded fuel break).

Acacia, Eucalyptus, and Privet
Acacia, eucalyptus, and privet are highly invasive and highly flammable species that contain flammable resins and oils. These species occurs throughout the Open Space VMP Area in small, concentrated stands mostly along roadways and adjacent to private properties. Recommendations for areas with acacia, eucalyptus, and privet follow:
 Pull seedlings and small saplings by hand or with a weed wrench. Thin dense clusters and maintain 10 to 20 horizontal feet, depending on the slope, between mature trees.  Regulate and control stump sprouts, resprouts, and sapling growth using hand pulling for saplings and resprouts and chemical treatments for stumps.
 A minimum vertical distance of 3 times the height of resprouts and saplings shall be cleared between the lowest-lying branches and any scrub species.  Cut and treat larger sapling and mature tree species with herbicides.  Drill and inject with herbicide in applicable areas. Restrictions apply to sensitive habitat areas, see Section 2.3.7 Avoidance and Minimization Implementation below.  Acacia, eucalyptus, and privet can be chipped in place so long as no plant material is left adjacent to sensitive riparian features and does not cover other plants.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 13 Tree of Heaven
Tree of heaven is a highly invasive and flammable species that is commonly found in disturbed areas and along riparian corridors within the Open Space VMP Area. Recommendations for tree of heaven areas follow:
 Pull seedlings and small saplings while soils are moist and loose. Remove taproots by digging around the base of the plant to remove all roots and prevent resprouts.  Cut the stems of mature trees at the beginning of spring and once more in June or July to reduce seed production and deplete energy reserves.
 Cut and treat trunks or stems of large trees (i.e., greater than 4 inches diameter at breast height [dbh]) with chainsaws and apply herbicides.

Broom Species
Broom is common in Open Space VMP Area understories and can grow in grasslands, scrub, and woodland habitats. Recommendations for broom species areas follow:
 Pull shrubs by hand using a weed wrench.
 Cut shrubs to just above ground level using loppers or brush cutters during the dry season in areas sensitive to ground disturbance.

English Ivy
English ivy is a woody vine generally found in moist areas with dense canopies and good shade cover.

Recommendations for English ivy areas follow:
 Pull vines that are climbing trees and on the ground by hand or using rakes.  Cut stems with pruners or loppers and dig up roots using shovels to prevent resprouts.  Utilize prescribed herbivory, as appropriate, to remove ivy.

Italian Thistle
Italian thistle is an invasive species commonly found in disturbed areas, grasslands, and riparian areas.

This species occurs in concentrated patches throughout the Open Space VMP Area. Recommendations for Italian thistle areas follow:
 Smaller infestations can be removed by hand by pulling, digging, and cutting. Digging may be restricted in areas that contain sensitive habitat, including riparian, chaparral, and oak woodland especially in areas upslope of aquatic resources and in areas with steep slopes due to the high level of soil disturbance.
 Pull plants by hand once the plant has bolted but prior to flower production.  Cut plants by hand or brush cutters before the thistle flowers and again in early summer to reduce energy reserves. This treatment is best used in the dry season when soils are hard and hand pulling is more difficult.
 Graze infestations in the early spring when individual plants are approximately 4 to 6 inches high.

Grazing should continue for about 2 to 3 weeks, or in coordination with the contracted grazing manager.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 14  Treat plants with herbicides in mid-spring before they spread seed. Restrictions apply to sensitive habitat areas as detailed below in Section 2.3.7 Avoidance and Minimization Implementation.

Riparian Woodland
Riparian woodlands generally contain dense canopies with intermittent to continuous understories.

Downed branches, woody slash, and debris should be removed adjacent to stream and creek channels to reduce surface fuel. Riparian areas are sensitive and vegetation management activities should be minimal to protect and avoid impacts to sensitive resources per the AMMs and BMPs below in Section 2.3.7 Avoidance and Minimization Implementation. Recommendations for riparian areas follow:
 Downed branches, woody slash, and debris should be removed adjacent to stream and creek channels to reduce surface fuel.
 Target climbing and ladder fuels, such as poison oak and giant reed (Arundo donax). Three feet of separation should be maintained between surface fuels and low-lying canopy branches.  Remove highly flammable species.
 Monitor canopy continuation and connectivity. In areas with gaps in the canopy, understory growth, including ladder fuels, is more prevalent. These gaps, if present, should maintain three times the vertical distance of the height of surface fuels, which should be trimmed or removed to ensure no highly flammable pockets of dense vegetation forms.

2.3.6 Area-Specific Treatments
As previously mentioned, the Open Space VMP is consistent with the CalVTP created by CAL FIRE.

CalVTP separates the state into ecoregions and treatable landscapes. The Open Space VMP Area is part of the 261A Central California Coast Ecoregion. Ecoregions are generally characterized as areas with similar or recurring patters of physical and biological characteristics that may include geology, soils, geomorphology, hydrology, climate, vegetation types, animal species composition, biodiversity, and land use history (CAL FIRE 2019a). This method helps identify the range of biological resources and sensitive biological resources near or adjacent to implementation areas, provides a relevant scale for analyzing potential impacts, and demonstrates that potentially affected resources and impacts of treatments were considered prior to implementation. The following sections describe wildfire hazards, if present, and specific treatment activities for the Open Space VMP in accordance with CalVTP treatment standards.

Appendix B shows the areas within Open Space VMP location for each treatment type and summarizes the treatment activities, timing, and standards for each open space area.

SANTA ROSA/HEINTZ OPEN SPACE
The Santa Rosa/Heintz combined open space areas will require a combination of fuel modification treatments and treatment activities to manage wildfire risk, including grazing or mowing, creating shaded fuel breaks adjacent to the open space boundary and along trails and fire roads, and pruning and thinning of trees and shrubs to reduce ladder fuels.

The Santa Rosa Open Space is one of the steepest and largest open space areas in the Open Space VMP Area along with the Heintz Open Space, which sits due west of Santa Rosa Open Space. Sixty-one percent of slopes are categorized as gently sloped (0%–20% sloped) and 39% are categorized as moderately steep (20%–40% sloped). Both the size and steepness of slopes in this open space area create a high wildfire risk. Although the vegetation is well managed in most areas, there are areas of canopy connectivity, stockpiled woody debris, dense understories, and minor powerline entanglement. All these factors contribute to a high wildfire risk. In general, the steeper the slope the greater the rate of wildfire

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 15 spread, as flames from below heat and dry fuels above, making them more available for combustion.

Strong winds funneled through the hillside could cause a wildfire to spread at a more rapid rate through open space area towards residences and other infrastructure, which is most dense north and south of the open space boundary. Neighboring properties contain ornamental and landscaped vegetation, including eucalyptus trees, which are highly flammable. Fuels in the Santa Rosa Open Space are predicted to burn with flame lengths in an excess of 12 feet and rates of spread of 20 chains/hour or higher. Under these conditions, suppression strategies would be limited to indirect attack and use of mechanized equipment.

Santa Rosa Open Space is also difficult for emergency and fire access because of the scale and steeply sloped fire roads that weave through the open space. If a wildfire were to occur, it may take longer for response teams to access the site and contain the fire.

The Heintz Open Space has similar conditions to the Santa Rosa Open Space. The two open spaces are connected and are both steeply sloped. Within the Heintz Open Space, 54% of slopes are categorized as gently sloped and 46% are categorized as moderately steep. It is very likely that if a wildfire were to start in one of the open spaces, it would easily spread to the other. Due to the overall aspect of both the Santa Rosa and Heintz Open Space areas, vegetation and ground warming from prolonged sun exposure could also cause wildfire to spread upslope more quickly than it would in flatter, cooler areas. Canopy connectivity and proximity and density of residences and infrastructure surrounding the open space area also contribute to the high-risk designation of this open space. Heintz Open Space is also subject to strong winds, which could cause rapid and unpredictable wildfire dispersion. Flame length and rate of spread within Heintz Open Space are also consistent with the Santa Rosa Open Space. These factors create additional constraints for fire response teams. This area is more difficult for emergency and fire access because of the scale and steeply sloped fire roads that weave through the open space. Just as in the Santa Rosa Open Space, if a wildfire were to occur, it may take longer for response teams to access the site and contain the wildfire.

LA RINCONADA PARK
La Rinconada Park will require a combination of fuel modification treatments and treatment activities to manage wildfire risk, including grazing or mowing, creating shaded fuel breaks adjacent to the park boundary and along trails and fire roads, pruning and thinning of trees and shrubs to reduce ladder fuels, and removing invasive species. Standards for riparian and oak woodland for pruning and reducing ladder fuels along Scott Creek should be followed, as detailed above in Standards for Vegetation Communities within the VMP Area. Invasive plants, including ivy, broom, acacia, and privet, should be managed, and AMMs and BMPs for ephemeral/intermittent drainages should be implemented, as seen below in Section

2.3.7 Avoidance and Minimization Implementation.

La Rinconada Park has a low wildfire risk and priority level of three, making it the lowest-priority area of the Open Space VMP. This park is mostly flat with 90% of slopes categorized as gently sloped and 10% are categorized as moderately sloped. This park is adjacent to the La Rinconada Country Club and golf course to the east, which is dominated by irrigated and regularly mowed turf that acts as a fuel break. In addition, approximately 70% of the western park boundary is also composed of mowed turf, which also acts as a fuel break. Although there are highly flammable species present, these species are currently only present in low quantities and do not pose a serious threat. These species should be removed to maintain a low wildfire risk but are not a high priority at this time. Since La Rinconada Park is small and flat, it would likely have a slower dispersal rate and overall risk. Fuels are predicted to burn with flame lengths of 0 to 4 feet and rates of spread of 0 to 2 chains/hour. Under these conditions, multiple wildfire suppression strategies are readily available, including direct attack. Adjacent multi-lane roadways also provide easy access for emergency vehicles.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 16 WORCESTER PARK
Worcester Park will require a combination of fuel modification treatments and treatment activities to manage wildfire risk, including grazing or mowing, creating shaded fuel breaks adjacent to the park boundary and along trails and fire roads, pruning and thinning of trees and shrubs to reduce ladder fuels, and removing invasive species. Standards for fuel reduction within Oak Woodland habitat should be followed, as detailed above in Standards for Vegetation Communities within the VMP Area. Ladder and surface fuels should be reduced and invasive plants, including dense broom, ivy, vinca, Italian thistle, acacia, and tree of heaven, should be managed.

Worcester Park is a priority level two, moderate risk park within the VMP Area. The park is gently sloping with 99% of slopes categorized as gently sloped and 1% are categorized as moderately sloped.

Concentrated areas of highly flammable vegetation and woody debris are interspersed in the understory.

Almost the entire park boundary is surrounded by high-density residences and other infrastructure. This park is small and gently sloped and will likely have a slow wildfire dispersal rate and low overall risk.

Fuels predicted to burn with flame lengths of 0 to 4 feet, with small pockets with potential to burn with 8-foot flame lengths, and rates of spread of 0 to 5 chains/hour or higher. Under these conditions, suppression strategies include direct attack, with some indirect attack. Access for fire response via fire roads, trails, or adjacent roadways allows for prompt containment of the fire. In addition, adjacent multilane roadways provide easy access for emergency vehicles and large apparatus.

NOVITIATE PARK
Novitiate Park will require a combination of fuel modification treatments and treatment activities to manage wildfire risk, including grazing or mowing, creating shaded fuel breaks adjacent to the park boundary and along trails and fire roads, pruning and thinning of trees and shrubs to reduce ladder fuels, and removing invasive species.

Novitiate Park is a moderate-risk park within the VMP Area. This park is categorized as 83% gently sloped and 17% moderately sloped, which is along the northern portions of the park boundary. Overall, vegetation is dense but well maintained except for a dense area of French broom along the eastern park boundary. In addition, excess fuels, including woody debris and slash, are present in the understory and require management. This park is small and gently sloped and will likely have a slow wildfire dispersal rate and low overall risk. Fuels are predicted to burn with flame lengths of 0 to 4 feet and rates of spread of 0 to 5 chains/hour or higher. Under these conditions, suppression strategies include direct attack, with some indirect attack. This park is also an accessible area to emergency vehicles, although the streets are narrow and often congested with cars from park users.

2.3.7 Avoidance and Minimization Implementation
Table 2 outlines practices intended to avoid and minimize potential impacts to sensitive resources associated with implementation of vegetation treatment or removal.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 17 Table 2. Site- and Work-Specific Avoidance and Minimization Measures ID # Avoidance and Minimization Measure
General Measures
1 The boundaries of the treatment area and protected resources will be clearly defined on maps and with highly visible flagging or other clear, existing landscape demarcations (e.g., edge of a roadway) prior to beginning any treatment to avoid disturbing the resource. “Protected Resources” refers to environmentally sensitive places within or adjacent to the treatment areas that would be avoided or protected to the extent feasible during planned treatment activities to sustain their natural qualities and processes. This work will be performed by a qualified person, as defined for the specific resource (e.g., qualified Registered Professional Forester or biologist). 2 During project activities, all trash that may attract predators shall be properly contained, removed, and disposed of regularly. Following vegetation management activities, trash and debris shall be removed from work areas.

Visual Resources Measures
3 All treatment-related materials, including vehicles, vegetation treatment debris, and equipment, will be stored outside of the viewshed of public trails, parks, recreation areas, and roadways to the extent feasible. Materials staging and storage areas will be located outside of the viewshed of public trails, parks, recreation areas, and roadways to the extent feasible.
4 Sufficient vegetation within, at the edge of, or adjacent to treatment areas will be preserved to screen views from public trails, parks, recreation areas, and roadways as reasonable or appropriate for vegetation conditions. 5 When possible, project activities will ensure that fuel breaks or tree removals are blended into the surrounding environment.

Air Quality Measures
6 Idling of construction vehicles and equipment shall be minimized to no more than 3 minutes to the extent feasible.

Construction foremen shall include briefing crews on vehicle use as part of pre-construction site meetings. These briefings shall include discussion of “common sense” vehicle use. 7 To minimize dust control during vegetation management activities, the following measures will be implemented:
a. Speed limits will be limited to 15 miles per hour on unpaved areas. b. If the use of unpaved roads creates excessive dust, water trucks will be used, as necessary. c. Visible dust, silt, or mud tracked-out on to public paved roadways will be removed.

Cultural Resource Measures
9 Cultural research will be conducted prior to implementing treatments as part of a cultural resource investigation. The purpose of this research is to properly inform survey design, based on the types of resources likely to be encountered within the treatment area, and to be prepared to interpret, record, and evaluate these findings within the context of local history and prehistory. The qualified archaeologist and/or archaeologically trained resource professional will review records; review study maps; read pertinent ethnographic, archaeological, and historical literature specific to the area being studied; and conduct other tasks to maximize the effectiveness of the survey. 10 An archaeologically trained resource professional and/or qualified archaeologist will conduct a site-specific survey of the treatment area. The survey methodology (e.g., pedestrian survey, subsurface investigation) depends on whether the area has a low, moderate, or high sensitivity for resources, which is based on whether the records search, prefield research, and/or Native American consultation identifies archaeological or historical resources near or within the treatment area. A survey report will be completed for every cultural resources survey completed. 11 If during any phase of the project, cultural and/or paleontological resources or human remains are discovered, work will be stopped until the find has been evaluated and the potential significance determined by a qualified professional archaeologist and an appropriate course of action has been recommended. 12 A training will be conducted for all crew members and contractors implementing treatment activities on the protection of sensitive archaeological, historical, or tribal cultural resources. Workers will be trained to halt work if archaeological resources are encountered on a treatment site and the treatment method consists of physical disturbance of land surfaces (e.g., soil disturbance).

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 18 ID # Avoidance and Minimization Measure
Biological Resources Measures
13 Project activities will be designed to avoid significant effects on special-status species that are listed as rare, threatened, or endangered under federal law or are listed as rare, threatened, endangered, candidate, fully protected, or species of special concern under state law. A desktop review of the California Natural Diversity Database (CNDDB) and U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation system has been conducted and a reconnaissance survey of the roadways and parks was completed by SWCA in June and July 2020. a. A qualified biologist will be retained to conduct a training for field personnel on sensitive habitat and species prior to vegetation management work. The training will include the identification, relevant life history information, and avoidance of pertinent special-status species; identification and avoidance of sensitive natural communities and habitats with the potential to occur in the treatment area; impact minimization procedures; and reporting requirements. The training will instruct workers when it is appropriate to stop work and allow wildlife encountered during treatment activities to leave the area unharmed and when it is necessary to report encounters to a qualified biologist. b. A qualified biologist will be engaged prior to all work to review the work locations. The biologist will be retained to survey the project area for special-status plant and wildlife species if work occurs adjacent to suitable habitat. All surveys will be conducted in the appropriate season. c. A qualified biologist will be retained to conduct a nesting bird survey if work occurs during the nesting bird season (generally March 1–September 15). If a nesting bird is found, the biologist will provide measures to avoid impacting the species, such as implementing an appropriate no disturbance buffer. d. A qualified biologist will be retained to conduct surveys for roosting bats prior to any tree trimming or tree removal. If a roosting bat is found, the biologist will provide measures to avoid impacting the species, such as an appropriate no disturbance buffer or exclusion.
14 If special-status wildlife is encountered during project activities, it will be unharmed, it will be allowed to leave the area on its own volition, or the appropriate regulatory agency (i.e., USFWS or California Department of Fish and Wildlife [CDFW]) will be contacted to determine the appropriate action to relocate the species. 15 If sensitive natural communities are determined to be present in the treatment area as part of Measure 13, a qualified biologist will perform a protocol-level survey following the CDFW Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities of the treatment area prior to the start of treatment activities to map sensitive natural communities and sensitive habitats in the treatment area. 16 Treatments in chaparral habitats will implement the following in consultation with a qualified biologist:
a. Develop a treatment design that avoids conversion of the chaparral vegetation alliance, including evaluating and determining the appropriate spatial scale at which the proponent would consider the chaparral alliance converted. Demonstrate with substantial evidence that the habitat function of chaparral would not be converted. Consideration of factors such as site hydrology, erosion potential, suitability of wildlife habitat, spatial needs of sensitive species, presence of sufficient seed plants and nurse plants, light availability, and edge effects may inform the determination of an appropriate spatial scale. b. Maintain a minimum percent cover of mature native shrubs within the treatment area to maintain habitat function. Mature native shrubs that are retained will be distributed contiguously or in patches within the stand. If the stand consists of multiple age classes, patches representing a range of middle to old age classes will be retained to maintain and improve heterogeneity, to the extent needed to avoid vegetation conversion.
17 To minimize impacts to natural resources, the area of ground disturbance will be limited to the minimum footprint necessary to meet the goals and objectives of vegetation management activities. 18 Project activities will be conducted to avoid introducing or spreading invasive plant species. The following are California Invasive Plant Council (Cal-IPC) BMPs to prevent the spread of invasive species (Cal-IPC 2012):
a. Provide prevention training to staff and contractors prior to starting work. b. Schedule activities to minimize potential for introduction and spread of invasive plants. c. Designate waste disposal areas for invasive plant materials and contain invasive plant material during transport.
d. Plan travel routes to avoid areas infested with invasive plants. e. Clean tools, equipment, vehicles, and animals before transporting materials and before entering and leaving worksites.
f. Clean clothing, footwear, and gear before leaving infested areas. g. Carry portable cleaning tools that can be used without water. h. Prepare worksites to limit the introduction and spread of invasive plants. i. Minimize soil and vegetation disturbance.
j. After activities, monitor worksites for invasive plants. k. Prevent invasive plant contamination of project materials when stockpiling and during transport.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 19 ID # Avoidance and Minimization Measure
19 Prevent the risk of pathogens spread in sensitive natural communities by implementing the following BMPs:
a. Include training on Phytopthora diseases and other plant pathogens in the worker awareness training. b. Clean and sanitize vehicles, equipment, tools, footwear, and clothes before arriving at a treatment site or a site where contamination is a risk.
c. Minimize soil disturbance as much as possible by limiting the number of vehicles, avoiding off-road travel as much as possible, and limiting use of mechanized equipment. d. Minimize movement of soil and plant material within the site, especially between areas with high and low risk of contamination.
e. Clean soil and debris from equipment and sanitize hand tools, buckets, gloves, and footwear when moving from high-risk to low-risk areas or between widely separated portions of a treatment area. f. Follow the procedures listed in Guidance for plant pathogen prevention when working at contaminated restoration sites or with rare plants and sensitive habitat (CA Oak Mortality Task Force 2016). 20 If temporary fencing is used for prescribed herbivory, it will be wildlife friendly, and a qualified biologist will review and approve the design prior to installation.

Aquatic Resources Measures
21 If work will impact riparian vegetation, the Town will consult the CDFW and Regional Water Quality Control Board (RWQCB), as appropriate.
24 Treatments in riparian habitats will be designed to retain or improve habitat functions by implementing the following:
a. Retain at least 75% of the overstory and 50% of the understory canopy of native riparian vegetation within the limits of mapped riparian habitat (see Measure 15). Native riparian vegetation will be retained in a welldistributed multi-storied stand composed of a diversity of species similar to that found before the start of treatment activities.
b. Limit treatments to removal of uncharacteristic fuel loads (e.g., removing dead or dying vegetation), trimming/limbing of woody species as necessary to reduce ladder fuels, and select thinning of vegetation to restore densities that are characteristic of healthy stands of the riparian vegetation types characteristic of the region. This includes hand removal (or mechanized removal where topography allows) of dead or dying riparian trees and shrubs, invasive plant removal, selective thinning, and removal of encroaching upland species.
c. Limit removal of large, native riparian hardwood trees (e.g., willow, ash, oak, maple, alder, sycamore, cottonwood).
d. Fell removed trees away from adjacent streams or waterbodies and pile outside the mapped riparian area. e. Avoid removing vegetation that could reduce stream shading and increase stream temperatures. f. Limit ground disturbance to the minimum necessary to implement effective hazardous fuel reduction. 25 Herbicide use in riparian areas associated with the Open Space VMP will be applied by hand application only. Only herbicides approved for aquatic environments will be used. 26 Herbicide application will occur outside the wet season (generally November 1–April 14) when seasonal streams are low flow or dry.
27 Herbicide treatments must be performed in accordance with federal and state regulations by a licensed Pest Control Advisor. Applicators will follow all herbicide label requirements and refer to all other BMPs regarding mandatory measures to protect sensitive resources and employee and public health during herbicide application. 28 No work will occur in standing water associated with a stream or creek in the VMP Area. 29 During VMP implementation, fuel and hazardous materials will be kept at 100 feet from waterbodies to provide protection from accidental leaks or spills.
30 All fueling and maintenance of vehicles and other equipment and staging areas shall occur at least 100 feet from potentially jurisdictional drainages.
31 Prior to the onset of work, the Contractor shall ensure that there is a plan to allow a prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills, and of the appropriate measures to take should a spill occur.
32 Soil and trimmed or chipped vegetation will not be placed where it could enter a waterbody or cover vegetation. 33 If grazing occurs adjacent to riparian features, livestock will be excluded from the area using exclusion fencing or methods approved by the project biologist and grazing manager.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 20 ID # Avoidance and Minimization Measure
Geology/Soils Measures
34 Suspend mechanical treatments, prescribed herbivory, and herbicide treatments if the National Weather Service forecast is a “chance” (30% or more) of rain within the next 24 hours. Activities that cause soil disturbance may resume when precipitation stops and soils are no longer saturated (i.e., when soil and/or surface material pore spaces are filled with water to such an extent that runoff is likely to occur). 35 Heavy equipment operations will not be conducted on slopes greater than 50% or in any slide or unstable areas. 36 Limit heavy equipment use in areas that could cause soil disturbance or compaction when soils are wet and saturated to avoid compaction and/or damage to soil structure.
37 Erosion control measures will be installed, as necessary to minimize erosion, according to manufacturers’ specifications. Appropriate erosion control measures include, but are not limited to, the following:
 silt fences
 straw bale barriers
 brush or rock filters
 storm drain inlet protection
 sediment traps
 sediment basins
 erosion control blankets and mats
 soil stabilization (e.g., tackified straw with seed, jute, or geotextile blankets, broadcast and hydroseeding) Erosion control measures will be inspected prior to the rain season and immediately repaired, as necessary. All temporary construction-related erosion control methods (e.g., silt fences) shall be removed at the completion of the project.

Noise Measures
38 Per the Town of Los Gatos Noise Ordinance (Section 16.20.035), vegetation management activities will be limited to the hours between 8:00 a.m. and 6:00 pm Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturday (Town of Los Gatos 1991).
39 All power equipment and power tools will be used and maintained according to manufacturer specifications. All diesel- and gasoline-powered equipment will be properly maintained and equipped with noise-reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers’ recommendations.

Traffic Control Measures
40 Prepare and implement a Traffic Control Plan to describe procedures to guide traffic (e.g., signage, flaggers), safeguard construction workers, provide safe passage of traffic, and minimize traffic impacts, as necessary, through the duration of the vegetation management project. Coordinate with work with local emergency services providers, as necessary, to ensure that emergency vehicle access and response is not impeded.

Public Health and Safety Measures
41 The project will maintain fire-safe working conditions BMPs. These will include:
a. All work vehicles will be required to carry fire suppression equipment. Workers will be trained in the use of equipment for incipient stage fire suppression.
b. No smoking is allowed in any areas of vegetation management activities along Town roadways or in Town open spaces or parks. All vehicle parking will be restricted to paved or graveled surfaces. c. Require spark arrestors on all off-road equipment.
d. Monitor weather and fire danger on a daily basis. During Red Flag Warnings, a crew member will be assigned to fire watch for each separate and distinct active work area.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 21 3 ENVIRONMENTAL CHECKLIST
Vegetation Treatment Project Information

1. Project Title: Los Gatos Open Space Vegetation Management Plan

2. Project Proponent’s Name and
Address:

Town of Los Gatos
Department of Public Works
1422 Monterey Street
Los Gatos, CA 93401

3. Contact Person Information and
Phone Number:

Stefanie Hockemeyer
(408) 399-5761
[email protected]

4. Project Location: Town of Los Gatos undeveloped parks and open space (see Section 2, Project Description, and Figure 1)

5. Total Area to be Treated (Acres): Approximately 193.91 acres Description of Project: The project would perform fuel reduction treatments to remove hazardous vegetation from 193.91 acres of Town-owned open space lands and undeveloped parks, including Santa Rosa Open Space (75.89 acres), Heintz Open Space (88.12 acres), Worcester Park (11.33 acres), La Rinconada Park (8.64 acres), and Novitiate Park (9.93 acres) (see Figure 1). a. Initial Treatment
Initial treatments would include primarily mechanical treatments and prescribed herbivory for fuel reduction treatments and to create strategically located fuel breaks within and surrounding five undeveloped parks and open space areas adjacent to WUI areas. In addition to mechanical treatment and prescribed herbivory, application and manual activities would be used for invasive species removal, and manual activities would be used for work in sensitive areas including riparian corridors.

See Section 2, Project Description.

Treatment Types
☒ Wildland-Urban Interface Fuel Reduction
☒ Fuel Break
☐ Ecological Restoration
Treatment Activities
☒ Prescribed Herbivory, up to 137 acres
☒ Mechanical Treatment, up to 194 acres
☒ Manual Treatments, up to 194 acres
☒ Herbicide Treatments, up to 10 acres
☐ Prescribed Burning (Pile Burning), 0 acres
☐ Prescribed Burning (Broadcast), 0 acres
Fuel Type
☒ Grass Fuel Type
☒ Shrub Fuel Type
☒ Tree Fuel Type

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 22 b. Treatment Maintenance
Treatment maintenance methods would involve the same vegetation treatment activities used in the original treatment, including mechanical treatment, manual treatment, prescribed herbivory, and chemical application. Maintenance treatments would include similar equipment and would be required annually after initial treatments for Defensible Space areas and every 3 years for all other areas. Treatment maintenance activities would be subject to the identified Project Design Features and CalVTP SPRs.

6. Regional Setting and Surrounding Land Uses:

The proposed project is located in the Town of Los Gatos, in the San Francisco Bay Area, approximately 43 miles south of San Francisco. The Town is in the southwestern part of Santa Clara County at the base of the Sierra Azul mountain range, where the Santa Clara Valley meets the lower slopes of the Santa Cruz Mountains. The Town is bounded by the City of San Jose to the north and east, the City of Campbell to the north, the Cities of Monte Sereno and Saratoga to the west, and unincorporated areas of Santa Clara and Santa Cruz Counties to the south (Town of Los Gatos 2022a). The proposed project area encompasses a wide variety of terrain, ranging from flat topography at the edge of the valley floor to densely wooded hillsides. All five undeveloped parks and open space areas are surrounded, at least in part, by residential areas of the Town, and are in or near areas in the WUI and VHFHSZ.

7. Other Public Agencies Whose Approval is Required (e.g., permits):

None
Coastal Act Compliance
☒ The proposed project is NOT within the Coastal Zone
☐ The proposed project is within the Coastal Zone (check one of the following boxes) ☐
A coastal development permit been applied for or obtained from the local Coastal Commission district office or local government with a certified Local Coastal Plan, as applicable
☐
The local Coastal Commission district office or local government with a certified Local Coastal Plan (in consultation with the local Coastal Commission district office) has determined that a coastal development permit is not required

8. Native American Consultation. For treatment projects that are within the scope of the CalVTP PEIR, Assembly Bill (AB) 52 consultation for AB 52 compliance has been completed. The Board of Forestry and Fire Protection conducted consultation pursuant to Public Resources Code Section 21080.3.1 during preparation of the PEIR. For treatment projects with impacts not within the scope of the PEIR, pursuant to Public Resources Code Sections 21080.3.1, 21080.3.2, and 21082.3, project partners preparing a new negative declaration, mitigated negative declaration, or EIR must notify any California Native American tribe who has submitted written request for notification of a project in the area of the treatment site. Upon written request for consultation by a tribe, the project partners must begin consultation before the release of the environmental document and must follow the requirements of the cited Public Resources Code sections.

The proposed project is within the scope of the PEIR; therefore, Assembly Bill (AB) 52 compliance has been completed. Pursuant to CalVTP SPR CUL-2, the project proponent would be required to obtain the latest Native American Heritage Commission (NAHC)-provided Native Americans Contact List to coordinate with geographically associated Native American tribe(s), which would identify locations of any known resources/areas with a high likelihood of finding archaeological or historical resources and would require protection or avoidance.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 23 Environmental Determination
On the basis of this PSA and the substantial evidence supporting it:
☑ I find that all of the effects of the proposed project (a) have been covered in the CalVTP PEIR, and (b) all applicable Standard Project Requirements and mitigation measures identified in the CalVTP PEIR will be implemented. The proposed project is, therefore, WITHIN THE SCOPE of the CalVTP PEIR. NO ADDITIONAL CEQA DOCUMENTATION is required. ☐ I find that the proposed project will have effects that were not covered in the CalVTP PEIR.

These effects are less than significant without any mitigation beyond what is already required pursuant to the CalVTP PEIR. A NEGATIVE DECLARATION will be prepared. ☐ I find that the proposed project will have effects that were not covered in the CalVTP PEIR or will have effects that are substantially more severe than those covered in the CalVTP PEIR.

Although these effects may be significant in the absence of additional mitigation beyond the CalVTP PEIR’s measures, revisions to the proposed project or additional mitigation measures have been agreed to by the project partners that would avoid or reduce the effects so that clearly no significant effects would occur. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the proposed project will have significant environmental effects that are (a) new and were not covered in the CalVTP PEIR and/or (b) substantially more severe than those covered in the CalVTP PEIR. Because one or more effects may be significant and cannot be clearly mitigated to less than significant, an ENVIRONMENTAL IMPACT REPORT will be prepared.

Signature Date

Printed Name Title

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 24 4 PROJECT-SPECIFIC ANALYSIS

4.1 Aesthetics and Visual Resources
Impact in the PEIR Project-Specific Checklist
Environmental
Impact Covered in
the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact AES-1: Result
in Short- Term,
Substantial
Degradation of a
Scenic Vista or Visual
Character or Quality of
Public Views, or
Damage to Scenic
Resources in a State
Scenic Highway from
Treatment Activities
LTS Impact AES-1
pages 3.2-16
to 3.2-19
Yes AES-2/
AMM-3
NA LTS No Yes
Impact AES-2: Result
in Long- Term,
Substantial
Degradation of a
Scenic Vista or Visual
Character or Quality of
Public Views, or
Damage to Scenic
Resources in a State
Scenic Highway from
Wildland Urban
Interface Fuel
Reduction, Ecological
Restoration, or Shaded
Fuel Break Treatment
Types
LTS Impact AES-2
pages 3.2-20
to 3.2-22
Yes AES-1/
AMM-5
AES-3/
AMM-4
NA LTS No Yes
Impact AES-3: Result
in Long- Term
Substantial
Degradation of a
Scenic Vista or Visual
Character or Quality of
Public Views, or
Damage to Scenic
Resources in a State
Scenic Highway from
the Nonshaded Fuel
Break Treatment Type
LTS Impact AES-3
pages 3.2-25
to 3.2-27
No -- -- -- -- --
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Aesthetic and Visual Resources Impacts: Would the treatment result in other impacts to aesthetics and visual resources that are not evaluated in the CalVTP PEIR? ☐ Yes ☒ No If yes, complete row(s) below and discussion.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 25 Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT AES-1
The proposed project area encompasses approximately 193.91 acres within five open space and undeveloped park areas within an LRA in the Town of Los Gatos (see Figure 1). These open space and park areas contain public hiking trails that pass through or in close proximity to some areas proposed for treatment. There are also two state roadways that are adjacent to or near the treatment areas, including State Route (SR)-17 and SR-85, as well as other local roadways (California Department of Transportation [Caltrans] 2022). Due to the dispersed geographical range of the proposed project, there are numerous public areas that provide views of the proposed treatment areas. There are two eligible scenic highways located in the vicinity of the proposed project area, including a portion of SR-17, which extends from the junction of SR-9 south to the City of Santa Cruz, and SR-9, which extends from the junction of SR-17 northwest towards the City of Monte Serreno. Past Monte Serreno, SR-9 becomes a designated scenic highway (Caltrans 2022). SR-9 is approximately 0.5 mile from proposed treatment areas in Worcester Park at its closest point. Proposed treatments would not be visible from SR-9 due to distance and intervening topography. However, SR-17 runs approximately 200 feet west of Novitiate Park and may provide public views of proposed vegetation treatments if they were to occur within its viewshed.

Because the speed limit on SR-17 is 55 miles per hour and SR-17 is lined with trees that shield views of Novitiate Park, views from SR-17 would be fleeting and mostly shielded by existing vegetation.

The proposed project includes vegetation treatments over approximately 193.91 acres. The potential for these treatment types to result in short-term degradation of visual character was evaluated in the PEIR.

Consistent with the PEIR, proposed vegetation treatments would result in the short-term presence of large trucks and mechanical equipment that could contrast with the natural environment. However, visibility of proposed treatments would be temporary, would not dominate or impede any views from scenic vistas or scenic highways, and would not introduce a new feature to the landscape. The proposed project includes AMMs that are integrated into the Open Space VMP to protect viewsheds. In addition, the PEIR includes SPRs to reduce visibility of proposed treatments from public viewing areas. SPR AES-2 and AMM-3 would require equipment storage and staging areas to be located outside of viewsheds from public trails, parks, recreation areas, and roadways as feasible to minimize visual impacts from the presence of equipment. Manual and mechanical treatment activities would be temporary in nature and minimized from public viewing areas. The potential for the proposed project to result in short-term substantial degradation of the visual character of the project area is within the scope of the PEIR, because the proposed treatment activities and types of equipment proposed for use are consistent with those analyzed in the PEIR. This impact of the proposed project is consistent with the PEIR and would not constitute a substantially more severe significant impact than what was covered in the PEIR.

IMPACT AES-2
The proposed project includes removing hazardous trees, thinning understory trees and brush, reducing ladder fuels, and removing fuels along trails and fire roads throughout proposed treatment areas to reduce potential wildfire fuels within the WUI. Consistent with the PEIR, proposed vegetation treatments would not require all vegetation to be cleared and large healthy trees would remain at the discretion of the Town and its contractors; therefore, vividness, intactness, and unity of views would remain high, and the

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 26 proposed project would not permanently affect views from a scenic vista or state scenic highway. The proposed project includes AMMs that are integrated into the Open Space VMP to limit impacts to views.

SPRs AES-1 and AES-3 and AMM-4 and AMM-5 would be implemented, as feasible, to break up or screen linear edges of a clearing, achieve a natural transitional appearance, and screen views from public areas, as feasible. Therefore, proposed treatment activities would not result in adverse long-term impacts related to aesthetic resources and project-specific impacts would be less than significant, which is consistent with the level of impact examined in the PEIR.

IMPACT AES-3
Impact AES-3 does not apply because the proposed project does not include implementation of a nonshaded fuelbreak.

NEW AESTHETIC AND VISUAL RESOURCE IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.2.1, Regulatory Setting, and Section 3.2.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to aesthetics present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to aesthetics would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 27 4.2 Agriculture and Forestry Resources
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact AG-1: Directly
Result in the Loss of
Forest Land or
Conversion of Forest
Land to a Non-Forest
Use 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
LTS Impact AG-1
pages 3.3-7
to 3.3-8
Yes NA NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Agriculture and Forestry Resources Impacts: Would the treatment result in other impacts to agriculture and forestry resources that are not evaluated in the CalVTP PEIR? ☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT AG-1
The project area includes 193.91 acres within five managed open space and undeveloped park areas in the Town of Los Gatos within Santa Clara County. Treatment activities within the project area would only modify the landscape to reduce wildfire risk through tree thinning and removal. Target trees would include highly flammable invasive species and dying or declining trees. Native, healthy trees within the project area would be retained and protected. Per Public Resources Code (PRC) Section 12220(g), forest land is defined as land that can support 10% native tree cover of any species under natural conditions.

Vegetation management and maintenance standards, as discussed in Section 2.3.5, Vegetation Management and Maintenance Standards and Areas, would be implemented to avoid impacts and retain the integrity of forest and woodland within the proposed treatment area. The implementation of the proposed treatment activities would continue to support more than 10% of native tree cover per PRC Section 12220(g). Therefore, the proposed project would not directly result in the loss of forest land, convert forest land to a non-forest use, or involve other changes in the existing environment that could

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 28 result in conversion of forest land to non-forest use. Project impacts would be less than significant, consistent with the impacts analyzed in the PEIR.

NEW AGRICULTURE AND FORESTRY RESOURCE IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.3.1, Regulatory Setting, and Section 3.3.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to agriculture and forestry resources present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to agriculture and forestry resources would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 29 4.3 Air Quality
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
and AMMs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact AQ-1: Generate
Emissions of Criteria Air
Pollutants and
Precursors During
Treatment Activities that
would exceed CAAQS
or NAAQS
SU Impact AQ-1
pages

3.4-26 to

3.4-32
Appendix
AQ-1
Yes AQ-1
AQ4/AMM-7
MM AQ-1 LTSM No Yes
Impact AQ-2: Expose
People to Diesel
Particulate Matter
Emissions and Related
Health Risk
LTS Impact AQ-2
pages

3.4-33 to

3.4-34
Yes AQ-1
HAZ-1
NOI-4
NOI-5
AMM-6
MM AQ-1 LTS No Yes
Impact AQ-3: Expose
People to Fugitive Dust
Emissions Containing
Naturally Occurring
Asbestos and Related
Health Risk
LTS Impact AQ-3
pages

3.4-34 to

3.4-35
Yes AQ-4/
AMM-7
AQ-5
NA LTS No Yes
Impact AQ-4: Expose
People to Toxic Air
Contaminants Emitted
by Prescribed Burns
and Related Health Risk
PSU Impact AQ-4
pages

3.4-35 to

3.4-37
No -- -- -- -- --
Impact AQ-5: Expose
People to Objectionable
Odors from Diesel
Exhaust
LTS Impact AQ-5
pages

3.4-37 to

3.4-38
Yes AQ-1
HAZ-1
NOI-4
NOI-5
AMM-6
NA LTS No Yes
Impact AQ-6: Expose
People to Objectionable
Odors from Smoke
During Prescribed
Burning
PSU Impact AQ-6
pages

3.4-36
No -- -- -- -- --
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Air Quality Impacts: Would the treatment result in other impacts to air quality that are not evaluated in the CalVTP PEIR?
☐ Yes ☒ No If yes, complete row(s) below and discussion.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 30 Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT AQ-1
The proposed project area is under the authority of the Bay Area Air Quality Management District (BAAQMD). It is located in the San Francisco Bay Area Air Basin, which is in state non-attainment for ozone and particulate matter less than 10 and 2.5 microns in diameter (PM10 and PM2.5); and federal nonattainment for ozone and PM10, and unclassifiable for PM2.5 (BAAQMD 2023). The use of heavy vehicles and equipment during vegetation treatments would likely result in emissions of criteria pollutants (i.e., ozone, carbon monoxide [CO], nitrogen dioxide [NO2], sulfur dioxide [SO2], PM10, PM2.5, and lead) and ozone precursor emissions (reactive organic gases [ROG] and nitrogen oxides [NOx]). Criteria air pollutant and ozone precursor emissions have the potential to exceed BAAQMD emission thresholds and contribute to the nonattainment status with respect to the National Ambient Air Quality Standards (NAAQS) or California Ambient Air Quality Standards (CAAQS) in the Bay Area Air Basin. The potential for emissions of criteria pollutants to exceed CAAQS or NAAQS thresholds was examined in the PEIR.

Mechanical and Manual Treatments
Mechanical treatments would require the use of heavy machinery or equipment rather than hand or manual equipment. Grading, mowing, disking, cutting, masticating, and grubbing are all examples of mechanical treatments. The scope of the proposed project is consistent with the scope of the PEIR in regard to crew sizes and equipment use. Each individual treatment area would be relatively small, requiring between approximately one to three vehicles and a crew of less than 10 workers. The proposed project would treat a maximum of 193.91 acres per year, which is much less than the geographical scope (250,000 acres per year) evaluated in the CalVTP PEIR. There is potential for the proposed project to generate ROG and NOx emissions from equipment and vehicle use and PM10 and PM2.5 emissions from crew transport along unpaved roadways. AMM-7 includes dust control measures. In addition, the PEIR includes SPRs to further reduce the potential for excessive emissions from proposed treatment activities.

SPR AQ-1 requires proposed project compliance with all applicable BAAQMD air quality requirements.

SPR AQ-4 would limit vehicle speeds on unpaved roads and require treatment crews to wet unpaved roads if excessive dust is created during road use, that vehicles be cleaned prior to leaving treatment sites to reduce the inadvertent transport of dust from unpaved areas onto paved roads, and the suspension of ground-disturbing activities when they result in visible dust transport outside the boundary of treatment areas. Implementation of SPRs AQ-1 and AQ-4 and AMM-7 would reduce potential criteria pollutant emissions, including PM10 and PM2.5 emissions during proposed treatment activities. In addition, PEIR MM AQ-1 would require the implementation of on-road vehicle and off-road equipment exhaust emission reduction techniques during treatment activities to further reduce criteria air pollutant and ozone precursor emissions from individual treatments. Due to the dispersed geographical scope of the proposed project, there is potential for multiple treatments to occur within the project area at one time. However, due to the small geographic scope of the project area and with implementation of AMMs, SPRs, and MMs, it is unlikely that there will be an exceedance of established emissions thresholds. Overall, there is unlikely to be a short-term increase in criteria air pollutants that could exceed NAAQS, CAAQS, and/or BAAQMD thresholds and this impact would be less than significant. Even if the proposed project did exceed NAAQS, CAAQS, and/or BAAQMD thresholds, this impact would be consistent with the PEIR.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 31 Prescribed Burns
The proposed project does not include prescribed burns. No impact related to prescribed burns would occur.

Conclusion
Proposed project activities are not expected to temporarily exceed established NAAQS, CAAQS, and/or BAAQMD thresholds and would be consistent with emission reduction strategies and air quality plans adopted by the BAAQMD. Due to the relatively small geographical scope and the lack of prescribed burns in the proposed project, the project is unlikely to result in a short-term increase in criteria air pollutants that may exceed NAAQS, CAAQS, and/or BAAQMD thresholds. Therefore, impacts related to the proposed project would be less than significant related to an increase in pollutant emissions from proposed treatment activities. Even if the project did exceed standards, it would be consistent with the evaluation and determination of the PEIR. No new or more severe significant impacts would occur as a result of the proposed project.

IMPACT AQ-2
Proposed treatment areas encompass approximately 193.91 acres of undeveloped parks and open spaces within the Town and would be located near numerous sensitive receptors. The PEIR evaluates the potential for CalVTP vegetation management activities to expose sensitive receptors to substantial shortand long-term diesel particulate matter (DPM) emissions in a manner that could increase cancer risk greater than 10 in one million to a Hazard Index of 1.0 or greater. Consistent with the evaluation included in the PEIR, the proposed project would require the use of heavy vehicles and equipment and crew transportation, which would increase DPM emissions in the project area. However, proposed treatment activities are not anticipated to expose sensitive receptors to substantial DPM emissions because treatment activities would progress across treatment sites; therefore, DPM emissions generated by treatment activities would not take place near any single sensitive receptor for an extended period of time.

In addition, treatment activities would be short term and intermittent and would not result in a new longterm source of DPM emissions in the project area.

SPRs and MMs were included in the PEIR to further reduce the potential for public exposure to DPM emissions during proposed activities. SPR HAZ-1 requires that all diesel- and gasoline-powered equipment be properly maintained to comply with all federal and state emissions requirements, which would prevent excessive emissions of DPM due to poorly functioning equipment. SPR NOI-4 requires vegetation treatment activities and staging areas be located as far as possible from human receptors, and SPR NOI-5 and AMM-6 restrict equipment idling time. SPR AQ-1 requires proposed project compliance with all applicable BAAQMD air quality requirements. Since the proposed project is not anticipated to expose people to substantial DPM emissions and implementation of SPRs would further reduce potential exposure, further mitigation would not be necessary; however, PEIR MM AQ-1, which is required for Impact AQ-1, would further reduce potential impacts through the implementation of on-road vehicle and off-road equipment exhaust emission reduction techniques during treatment activities. Since proposed treatment activities would be short term and intermittent and would not expose any sensitive receptors to DPM for an extended period of time, proposed treatment activities would not expose any person to an incremental increase in cancer risk associated with DPM greater than 10 in one million to a Hazard Index of 1.0 or greater, and impacts would be less than significant. Implementation of SPRs HAZ-1, NOI-4, NOI-5, and AQ-1; PEIR MM AQ-1; and AMM-6 would further reduce the potential for substantial exposure to any sensitive receptor. Therefore, impacts would be less than significant, which is consistent with the determination of the PEIR, and no new or more severe impacts would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 32 IMPACT AQ-3
According to the U.S. Geological Survey (USGS) and California Geological Survey (CGS) maps, there are mapped ultramafic rock outcrops containing asbestos in the vicinity of the proposed treatment areas (USGS 2011; CGS 2000; CGS 2011a; CGS 2011b). There is potential for naturally occurring asbestos (NOA) to be present within or near these areas of ultramafic rock. The proposed project does not include the demolition of any buildings or structures that may contain asbestos-containing material (ACM). The PEIR evaluates the potential for vegetation treatment activities to generate dust emissions that may expose people to NOA, if present within disturbance areas. AMM-7, included in Section 2, Project Description (see Table 2), requires keeping speed limits to 15 miles per hour, using water trucks to control dust, and removed track out to control dust. The PEIR includes SPRs to reduce fugitive dust emissions that may contain NOA. Based on the potential for NOA to be present within the Open Space Areas, SPRs AQ-4 and AQ-5 have been included for the proposed project. SPR AQ-4 requires treatment crews to reduce the amount of dust generated by vehicle and equipment use on unpaved roads and SPR AQ-5 requires the preparation and implementation of an Asbestos Dust Control Plan and/or avoidance of ground disturbance in areas where NOA is likely to occur. With implementation of SPRs AQ-4 and AQ-5 and AMM-7, the proposed project would not expose people to fugitive dust emissions containing NOA.

Therefore, project-specific impacts would be less than significant, which is consistent with the determination of the PEIR.

IMPACT AQ-4
Impact AQ-4 does not apply because the proposed project does not include implementation of prescribed burns.

IMPACT AQ-5
As described in Impact AQ-2, the use of diesel-powered equipment has the potential to expose people to objectionable odors from diesel exhaust. Consistent with the PEIR, diesel exhaust emissions from the proposed project would be short term and intermittent, progress across treatment sites such that odors from diesel exhaust would not be generated in a single location for an extended period, and dissipate rapidly from the source. Therefore, the proposed project is not anticipated to expose people to odors from diesel exhaust. Additionally, SPRs have been included to further reduce the potential for exposure to substantial diesel exhaust emissions, including SPRs HAZ-1, NOI-4, NOI-5, and AQ-1 and AMM-6, as described in Impact AQ-2. Therefore, project-specific impacts would be less than significant, which is consistent with the determination of the PEIR. No new or more severe impacts would occur.

IMPACT AQ-6
Impact AQ-6 does not apply because the proposed project does not include the implementation of prescribed burns.

NEW AIR QUALITY IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.4.1, Regulatory Setting, and Section 3.4.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to air quality present in the areas outside the treatable

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 33 landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to air quality would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 34 4.4 Archaeological, Historical, and Tribal Cultural
Resources
Impact in the PEIR Project-Specific Checklist
Environmental
Impact Covered in
the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact CUL-1: Cause
a Substantial Adverse
Change in the
Significance of Built
Historical Resources
LTS Impact CUL-1
pages 3.5-14
to 3.5-15
Yes CUL-1
CUL-7
CUL-8/
AMM-12
AMM-10
NA LTS No Yes
Impact CUL-2: Cause
a Substantial Adverse
Change in the
Significance of Unique
Archaeological
Resources or
Subsurface Historical
Resources
SU Impact CUL-2
pages 3-5.15
to 3.5-16
Yes CUL-1
CUL-2
CUL-3/
AMM-9
CUL-4/
AMM-10
CUL-5
CUL-8/
AMM-12
AMM-11
CUL-2 LTSM No Yes
Impact CUL-3: Cause
a Substantial Adverse
Change in the
Significance of a Tribal
Cultural Resource
LTS Impact CUL-3
page 3.5-17
Yes CUL-1
CUL-2
CUL-3/
AMM-9
CUL-4/
AMM-10
CUL-5
CUL-6/
AMM-11
CUL-8/
AMM-12
NA LTS No Yes
Impact CUL-4: Disturb
Human Remains
LTS Impact CUL-4
page 3.5-18
Yes AMM-11 NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Archaeological, Historical, and Tribal Cultural Resources Impacts: Would the treatment result in other impacts to archaeological, historical, and tribal cultural resources that are not evaluated in the CalVTP PEIR?
☐ Yes ☒ No If yes, complete row(s) below and discussion.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 35 Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT CUL-1
The proposed project includes vegetation treatments over approximately 193.91 acres within five open space and undeveloped park areas. Consistent with the PEIR, proposed vegetation treatment activities may occur in areas that contain built historical resources and could potentially result in damage to these structures located adjacent to treatment areas. A California Historical Resources Information System (CHRIS) search through the Northwest Information Center (NWIC) was performed for previously recorded cultural resources within 0.25 mile of the proposed project area (NWIC 2020). Two historical structures were recorded within 0.16 mile of Worcester Park and within 0.25 mile of Novitiate Park. No historical resources were recorded within any of the treatment areas and all adjacent structures would be avoided during treatment implementation.

The proposed project would implement AMM-9 through AMM-12, included in Section 2, Project Description (see Table 2), during treatment activities in order to avoid impacts to built environment, historical resources. In addition, SPRs CUL-1, CUL-7, and CUL-8, included in the PEIR, would be implemented to avoid any substantial adverse change to any built historical resources. AMM-9 and SPR CUL-1, which require that a recent records search for archaeological and historical resources, has already been implemented. AMM-10 requires that a qualified archaeologist conduct a site-specific survey of the treatment area. SPR CUL-7 and AMM-11 require the avoidance of known built historical resources and the avoidance of built environment structures that have not yet been evaluated for historical significance. SPR CUL-8 and AMM-12 require that workers be trained regarding protection of historical resources and to stop work if any resources are found. Therefore, project-specific impacts related to built environment historical resources would be less than significant, consistent with the PEIR, and would not result in any new or more severe impacts.

IMPACT CUL-2
The proposed project includes vegetation treatments over approximately 193.91 acres within five open space and undeveloped park areas. Consistent with the PEIR, the proposed project primarily includes treatment types that either require no soil disturbance or very shallow soil disturbance. However, it is possible unique archaeological or subsurface historical resources could be disturbed during treatment activities, especially where mechanical treatments could result in churning the ground surface during vegetation removal.

The proposed project would implement AMM-9 through AMM-12, included in Section 2, Project Description (see Table 2), during treatment activities in order to ensure the avoidance and protection of archaeological resources present within the proposed project area. In addition, SPRs CUL-1 through CUL-5 and CUL-8, included in the PEIR, would be implemented to further minimize the risk of damaging known or unknown subsurface archaeological and historical resources during treatment activities. SPR CUL-1 and AMM-9 require that a recent records search for archaeological and historical resources has already been completed. SPR CUL-2 requires coordination with geographically associated Native American tribe(s), which would identify locations of any known resources/areas with a high likelihood of finding archaeological or historical resources and would require protection or avoidance.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 36 SPR CUL-3 and AMM-9 require pre-field research to become familiar with the area and potential resources. SPR CUL-4 and AMM-10 require an archaeological survey of the treatment area to identify archaeological resources. SPR CUL-5 requires working with the geographically affiliated tribe(s) to avoid and protect any resources identified. SPR CUL-8 and AMM-12 require that workers be trained regarding protection of historical resources and to stop work if any resources are found. In addition, AMM-11 and PEIR MM CUL-2 would require the protection of inadvertently discovered unique archaeological and/or subsurface historical resources by requiring all work stop, evaluation of the significance of the find, and development of an appropriate course of action.

The scope of the PEIR considers this impact to be significant and unavoidable based on the large geographical scope, which increases the likelihood for unknown resources to be present within treatment areas, and the wide variety of resource types present throughout the state. However, the proposed project only encompasses approximately 193.1 acres and would be conducted on a much smaller scale than what is analyzed in the PEIR. AMMs, SPRs, and MMs would be implemented to ensure the protection of archaeological or subsurface historical resources. Therefore, due to the small scale and low level of ground disturbance that would be generated during project treatments, project-specific impacts would be less than significant and would not result in any new or more severe impacts.

IMPACT CUL-3
The proposed project includes treatment activities that have the potential to impact tribal cultural resources if present within or adjacent to treatment areas. The proposed project would implement AMM-9 through AMM-12, discussed above and included in Section 2, Project Description (see Table 2), during treatment activities in order to avoid any substantial adverse change to tribal resources. In addition, SPRs CUL-1 through CUL-5 and CUL-8, as described in Impact CUL-2 above, and SPR CUL-6 would be implemented to avoid or minimize the potential to disturb cultural resources that may be present within the project area. SPR CUL-6 requires consulting with the geographically affiliated tribes to avoid or protect any identified tribal cultural resources. AMMs and SPRs would be implemented to avoid or reduce the potential to disturb tribal cultural resources that may be present within proposed treatment areas. Therefore, project-specific impacts would be less than significant and would not result in any new or more severe impacts.

IMPACT CUL-4
Per the PEIR, prehistoric or historic-era marked or unmarked interments and cremated remains are present throughout California. The proposed project includes ground-disturbing treatment activities such as mechanical treatments that could potentially uncover previously unknown human remains. Consistent with the PEIR, the proposed project would be subject to California Health and Safety Code (CHSC) Sections 7050.5 and 7052 and PRC Section 5097, which identified the procedures for the treatment of Native American human remains. Compliance with CHSC Sections 7050.5 and 7052 and PRC Section 5097 requires avoiding or minimizing disturbance of human remains, and following the appropriate protocols if remains are unearthed. Therefore, project-specific impacts would be less than significant, which is consistent with the PEIR. No new or more severe impacts would occur.

NEW ARCHAEOLOGICAL, HISTORICAL, AND TRIBAL CULTURAL RESOURCES

IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.5.1, Regulatory Setting, and Section 3.5.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 37 the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to archaeological, historical, and tribal cultural resources present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to archaeological, historical, and tribal cultural resources would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 38 4.5 Biological Resources
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact BIO-1:

Substantially Affect
Special-Status Plant
Species Either Directly
or Through Habitat
Modifications
LTSM Impact
BIO-1
pages

3.6-132 to

3.6-139
Yes BIO-2/
AMM-13
BIO-3/
AMM-15
BIO-7
BIO-9/
AMM-18
BIO-1a
BIO-1b
BIO-1c
LTSM No Yes
Impact BIO-2:

Substantially Affect
Special-Status Wildlife
Species Either Directly
or Through Habitat
Modifications
LTSM (all
wildlife
species
except
bumble bees)
SU (bumble
bees)
Impact
BIO-2
pages

3.6-139 to

3.6-187
Yes BIO-2/
AMM-13
BIO-3/
AMM-15
BIO-4/
AMM-24
BIO-5/
AMM-16
BIO-10/
AMM-13
BIO-11/
AMM-20
BIO-12/
AMM-13
HAZ-5/
AMM-31
HAZ-6
HYD-1/
AMM-21
HYD-4/
AMM-1,
AMM-30
BIO-2a
BIO-2b
BIO-3a
BIO-3b
BIO-3c
LTSM No Yes
Impact BIO-3:

Substantially Affect
Riparian Habitat or
Other Sensitive Natural
Community Through
Direct Loss or
Degradation That Leads
to Loss of Habitat
Function
LTSM Impact
BIO-3
pages

3.6-186 to

3.6-191
Yes BIO-2/
AMM-13
BIO-3/
AMM-15
BIO-4
BIO-5/
AMM-16
BIO-6/
AMM-19
BIO-9/
AMM-18
HYD-4/
AMM-1,
AMM-30
AMM-17,
AMM-20,
and
BIO-3a
BIO-3b
BIO-3c
BIO-4
LTSM No Yes

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 39 Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
AMM-24
through
AMM-28
Impact BIO-4:

Substantially Affect
State or Federally
Protected Wetlands
LTSM Impact
BIO-4
pages

3.6-191 to

3.6-192
Yes BIO-1
HYD-1
HYD-3
HYD-4
AMM-21
through
AMM-37
BIO-4 LTSM No Yes
Impact BIO-5: Interfere
Substantially with
Wildlife Movement
Corridors or Impede
Use of Nurseries
LTSM Impact
BIO-5
pages

3.6-198 to

3.6-199
Yes BIO-1
BIO-4
BIO-5
BIO-10
BIO-11
BIO-12
HYD-1
HYD-4
AMM-21
through
AMM-37
BIO-5 LTSM No Yes
Impact BIO-6:

Substantially Reduce
Habitat or Abundance of
Common Wildlife
LTS Impact
BIO-6
pages

3.6-192 to

3.6-196
Yes BIO-1
BIO-2/
AMM-13
BIO-3/
AMM-15
BIO-4/
AMM-24
BIO-5
BIO-12/
AMM-13
AMM-20
AMM-33
NA LTS No Yes
Impact BIO-7: Conflict
with Local Policies or
Ordinances Protecting
Biological Resources
LTS Impact
BIO-7
pages

3.6-198 to

3.6-199
Yes BIO-1
through
BIO-5
BIO-10
through
BIO-12
HYD-1
HYD-4
AD-3
AMM-13
through
AMM-33
BIO-2a
BIO-2b
BIO-3a
BIO-3b
BIO-3c
BIO-4
BIO-5
LTSM No Yes
Impact BIO-8: Conflict
with the Provisions of an
NI Impact
BIO-8
No -- -- -- -- --

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 40 Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Adopted Natural
Community
Conservation Plan,
Habitat Conservation
Plan, or Other Approved
Habitat Plan
pages

3.6-199 to

3.6-200
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Biological Resources Impacts: Would the treatment result in other impacts to biological resources that are not evaluated in the CalVTP PEIR?
☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
The project area includes a total of approximately 193.91 acres within five Town-owned and managed open space and undeveloped park areas, including two open space areas and three undeveloped parks within the Town. The project area is comprised of five distinct locations, including Santa Rosa Open Space, Heintz Open Space, La Rinconada Park, Novitiate Park, and Worcester Park. The Open Space VMP Area is dominated primarily by urban land, hardwood woodland, and herbaceous and shrub cover.

Urban land is present throughout the Open Space VMP Area and concentrated mainly around roadways and in gently sloping and flat areas. As the terrain steepens, urban development mostly consists of homes, infrastructure, and developed parks surrounding open space and undeveloped park boundaries. Oak woodland is present throughout the Open Space VMP Area but dominates in the foothills and canyons along the southern Town boundary along with other hardwood woodland species, described in more detail below. California oak woodland is a sensitive vegetation community. Herbaceous and shrub species are interspersed in understories and canopy openings throughout the southern portion of the VMP Area.

Vegetation communities and individual vegetation species observed at each location in the VMP Area are described in more detail in Section 2, Project Description. Additional details on aquatic resources and special-status species in the Open Space VMP Area follow.

STREAMS AND WATER RESOURCES
The Town contains several creeks, ponds, and reservoirs. The natural hydrology of the area has been altered over time due to urban development and flood control infrastructure. Waterways within the Town include a mixture of perennial and ephemeral rivers and creeks, including the Guadalupe River and Los Gatos, Ross, and Smith Creeks. Los Gatos and Smith Creeks flow south to north, the Guadalupe River and Ross Creek flow southwest to northeast, and all drainages in the Open Space VMP Area enter San

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 41 Francisco Bay. The Vasona Reservoir is the largest open water habitat within the Town (Town of Los Gatos 2008); however, the reservoir is not within the Open Space VMP Area. Los Gatos Creek is one of the major creeks in the Open Space VMP Area, flowing south to north into and out of the Vasona Reservoir. Santa Rosa Open Space, La Rinconada Park, and Novitiate Park are adjacent to and/or contain ephemeral riparian features. Novitiate Park is bisected by Los Gatos Creek, and Santa Rosa Open Space and La Rinconada Park both contain unnamed water features identified by the National Wetland Inventory (NWI) as stream/river and lake/pond resources.

SPECIAL-STATUS SPECIES
In compliance with SPR BIO-1, SWCA biologists conducted a data review and reconnaissance-level survey in June and July 2020 to identify and document sensitive biological resources within the treatment areas and to assess potential habitat suitability for special-status plants and animals. SWCA biologists documented site conditions throughout the proposed project area.

Special-Status Plant Species
The following special-status plant species have potential to occur or are known to occur within the Open Space VMP Area and are described in more detail in Table 3.  Loma Prieta hoita (Hoita strobilina)
 Most beautiful jewel flower (Streptanthus albidus)
 Robust monardella (Monardella villosa ssp. villosa)
 Western leatherwood (Dirca occidentalis)
 Woodland woollythreads (Monolopia gracilens)
Special-Status Animal Species
The following special-status animal species have potential to occur or are known to occur within the Open Space VMP Area and are described in more detail in Table 3:
 Western pond turtle (Emys marmorata)
 Santa Cruz black salamander (Aneides flavipunctatus niger)  Steelhead (Oncorhynchus mykiss irideus pop. 8)
 California red-legged frog (Rana draytonii)
 Foothill yellow-legged frog (Rana boylii)
 Pallid bat (Antrozous pallidus)

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 42 Table 3. Species with Potential to Occur in the Project Area Species Name1 General Habitat Description2
Legal Status
Federal/State/
CRPR Status3,4
Rationale for Potential Occurrence
Special-Status Plant Species
Loma Prieta hoita
(Hoita strobilina)
Perennial herb endemic to California
that occurs in chaparral, cismontane
woodland, and riparian woodland.

Elevation: 1–95 meters. Blooming
period: May–July.
1B.2 Potential to Occur: Suitable habitat
exists in the Open Space VMP Area.

Six California Natural Diversity
Database (CNDDB) occurrences have
been recorded (2002, 2009, 2014,
2018) approximately 0.36 mile
southwest of the nearest Open Space
VMP location.

Most beautiful jewel
flower
(Streptanthus albidus)
Annual herb endemic to California
that occurs in chaparral, valley
grassland, and foothill woodland
habitats. Elevation: 0–207 meters.

Blooming period: April–September.
1B.2 Unlikely to Occur: Suitable habitat
exists in the Open Space VMP Area
but is limited to the hills above
Lexington Reservoir. Two CNDDB
occurrences have been recorded
(1995, 2001) approximately 0.3 mile
southwest of the nearest Open Space
VMP location.

Robust monardella
(Monardella villosa ssp.
villosa)
Perennial herb endemic to California
that occurs in chaparral and foothill
woodland. Elevation: 0–240 meters.

Blooming period: June–August.
- Potential to Occur: Suitable habitat
exists in the Open Space VMP Area.

No CNDDB occurrences have been
recorded in the Open Space VMP
Area; however, this species has been
identified as known to occur in the
Town of Los Gatos 2040 General
Plan.

Western leatherwood
(Dirca occidentalis)
Shrub endemic to California that
occurs in chaparral, foothill
woodland, mixed evergreen forest,
closed-cone pine forest, north
coastal coniferous forest, and
wetland riparian habitat. Elevation:
25–425 meters. Blooming period:

January–March (or April).
1B.2 Potential to Occur: Suitable habitat
exists in the Open Space VMP Area.

No CNDDB occurrences have been
recorded in the Open Space VMP
Area; however, this species has been
identified as known to occur in the
Town’s General Plan.

Woodland woollythreads
(Monolopia gracilens)
Annual herb that occurs in broadleaved upland forest openings, chaparral openings, cismontane
woodland, and north coast
coniferous forest openings.

Elevation: 100–1,200 meters.

Blooming period: February–July.
1B.1 Potential to Occur: Suitable habitat
exists in the Open Space VMP Area.

Three CNDDB occurrences have
been recorded (2018) approximately

0.25 mile south of the nearest Open
Space VMP location.

Special-Status Wildlife
Amphibians
California red-legged frog
(Rana draytonii)
Inhabits permanent and temporary
pools, streams, freshwater seeps,
and marshes in lowlands and
foothills occurring from sea level to
6,500 feet. Uses adjacent upland
habitat for foraging and refuge.

Breeds during wet season from
December to March. Lays between
300 and 4,000 eggs in a large cluster
that are attached to plants near
water surface. Eggs hatch after
about 4 weeks and undergo
metamorphosis in 4 to 7 months.

FT/SSC/-- Potential to Occur: Suitable habitat
exists in the Open Space VMP Area.

No CNDDB occurrences have been
recorded in the Open Space VMP
Area; however, this species has been
identified as known to occur in the
Town’s General Plan and has been
observed in Los Gatos Creek.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 43 Species Name1 General Habitat Description2
Legal Status
Federal/State/
CRPR Status3,4
Rationale for Potential Occurrence
Foothill yellow-legged
frog
(Rana boylii)
Found in or near rocky streams and
rivers with open, sunny banks in
forest, chaparral, and woodland
habitats occurring from sea level to
6,000 feet. Breeds from April to early
July in streams or rivers. Lays
between 300 to 2,000 eggs in large
cluster on downstream side of rocks
in slow-moving water. Eggs hatch
after 5 to 37 days and undergo
metamorphosis in 3 to 4 months.
--/SSC/-- Potential to Occur: Suitable habitat
exists in the Open Space VMP Area.

No CNDDB occurrences have been
recorded in the Open Space VMP
Area; however, this species has been
identified as known to occur in the
Town’s General Plan.

Santa Cruz black
salamander
(Aneides flavipunctatus
niger)
Occurs in mixed deciduous
woodland, coniferous forest, and
coastal grasslands. Usually found
under rocks, near streams, in talus,
under damp logs, and in soils along
wet streams. Terrestrial species that
forage during wet nights and stay
underground during dry weather.

Breeds between July and August
laying between 8 and 25 eggs below
ground. May remain streamside
year-round.
--/SSC/-- Unlikely to Occur: Three CNDDB
occurrences (1931, 1973, 1985) have
been recorded within 1 mile of the
Open Space VMP Area, with no new
occurrences recorded. The closest
recorded CNDDB occurrence is
approximately 0.86 mile south of the
nearest Open Space VMP Area along
the Lexington Reservoir. The parcels
separating the occurrence from the
Open Space VMP Area are disked
and contain steep terrain.

Fish
Steelhead – Central
California Coast Distinct
Population Segment
(DPS)
(Oncorhynchus mykiss
irideus)
Occurs in clear, cool water with
abundant in-stream cover, wellvegetated stream margins, relatively stable water flow, and 1:1 pool-toriffle ratio. Requires cool, deep pools with overhead cover to protect from
predators.

FT/--/-- Potential to Occur: The closest
recorded CNDDB occurrence (2017)
is approximately 0.1 mile from the
nearest roadway. This species has
recorded occurrences in Guadalupe
Creek, which runs adjacent to
Shannon and Hicks Roads, and Los
Gatos Creek near Vasona Reservoir,
which runs alongside the Santa Cruz
Highway adjacent to Novitiate Park.

Supporting tributaries include
Alamitos, Hicks, and Pheasant
Creeks.

Mammals
Pallid bat
(Antrozous pallidus)
Occurs in grasslands, shrublands,
woodlands, and forests in semi-arid
and arid landscapes. Most common
in open, dry habitats with rocky
outcroppings for roosting. Day roosts
in caves, crevices, mines, and hollow
trees. Night roosts in open sites such
as open buildings. Forages at ground
level with open vegetation. Breeds
from October to February with litters
between one and three.
--/SSC/-- Potential to Occur: The closest
recorded CNDDB occurrence (2004 is
approximately 0.5 mile from the
nearest Open Space VMP Area at
Santa Rosa Open Space. Suitable
habitat occurs on-site. One CNDDB
occurrence (2004) was recorded from
a nearby roosting site in a barn, which
has since been developed and the
species removed. Suitable habitat
occurs in the Open Space VMP Area,
and it is possible that this species
could roost and forage within open
space areas.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 44 Species Name1 General Habitat Description2
Legal Status
Federal/State/
CRPR Status3,4
Rationale for Potential Occurrence
Reptiles
Western pond turtle
(Emys marmorata)
Occurs in permanent and intermittent
rivers, creeks, small lakes or ponds,
marshes, irrigation ditches, and
reservoirs. Basks on land, logs,
branches, or boulders in and around
water. Can migrate more than 0.5
mile. May return to same site each
year during overwintering period.

Breeds from April to May but can be
year-round. Leave aquatic habitat to
travel upland to nests and lay eggs.

Nests in sandy banks near water or
in fields with sunny openings within
few hundred feet from water.

Forages and feeds in aquatic
habitats only.
--/SSC/-- Potential to Occur: The closest
recorded CNDDB occurrence (2012 is
approximately 0.5 mile from the
nearest priority roadway and 1.25
miles from La Rinconada Park. Four
CNDDB occurrences (1998, 2001) are
recorded near the Vasona Reservoir
and County Park. Suitable habitat
exists near La Rinconada Park at the
La Rinconada Country Club in the
existing ponds, but the reservoir is
separated by two major roadways.
¹ List of plant species based on California Native Plant Society (CNPS) and CNDDB results from searches of Los Gatos, California USGS 7.5-minute quadrangle and the Town of Los Gatos 2040 General Plan. List of animal species based on CNDDB searches of the Los Gatos, California USGS

7.5-minute quadrangle and Town’s General Plan.
2 Listing status based on California Department of Fish and Wildlife (CDFW) CNDDB State & Federally Listed Endangered & Threatened Animals of California List (CDFW 2023). Habitat associations and blooming periods based on the Jepson Online Interchange for California Floristics (Jepson 2020). Other sources include CalFish (2020), CAL Herps (2020), Center for Biological Diversity (CBD 2020), Calflora (2020), and CNPS (2020). 3 Listing status based on CNDDB and CNPS data (queried in July 2020). Status Codes: -- = no status, FT = Federally Listed Threatened, SSC = California Species of Special Concern.
4 California Rare Plant Ranking: 1B = Plants rare, threatened, or endangered in California and elsewhere CRPR Threat Ranks: 0.1 = Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat);

0.2 = Moderately threatened in California (20-80% of occurrences threatened / moderate degree and immediacy of threat) Potential for Occurrence Ratings:

Unlikely to Occur. The species is not likely to occur in the VMP Open Space area based on the following considerations: lack of suitable habitat and features that are required to satisfy the life history requirements of the species or presence of invasive species that inhibit survival or occupation.

Potential to Occur. There is a possibility that the species can be found in the VMP area based on the following conditions: the VMP Open Space area falls within the range of the species, suitable habitat is present, but no records of sighting are located within or near (2 miles) the VMP Area, or the records are old and unreliable, and it is undetermined whether the habitat is currently occupied.

IMPACT BIO-1
Proposed treatment and maintenance activities could result in direct or indirect impacts to special-status plant species with suitable habitat within the treatment area. Based on a desktop-level review, there is potential for five special-status plant species to occur in the Open Space VMP Area. These species include Loma Prieta hoita, most beautiful jewel flower, robust monardella, western leatherwood, and woodland woollythreads (California Department of Fish and Wildlife [CDFW] 2022). The proposed project will implement manual and mechanical treatments, grazing or prescribed herbivory, and chemical treatments which, per the PEIR, have the potential to impact special-status plant species that may be present within the project area.

To minimize and/or avoid impacts to special-status plant species, AMM-1, AMM-13, AMM-15, AMM-18, and AMM-33, included in Section 2, Project Description (see Table 2), and SPRs BIO-2, BIO-3, BIO-7, and BIO-9, included in the PEIR, would be implemented to reduce potential impacts to special-status plant species or their habitats due to treatment activities. AMM-13, AMM-15, and SPR BIO-7 require surveys for special-status plants be conducted during the appropriate blooming period if they have potential to occur in a proposed treatment area. AMM-13 and SPR BIO-2 require biological resource training for workers to inform them of the presence of special-status plants and the mitigation measures, work practices, and laws and regulations that protect these resources. AMM-1 and SPR BIO-3 require project-specific surveys to identify and map the limits of sensitive natural communities and other sensitive habitats. AMM-18 and SPR BIO-9 require BMPs be implemented to prevent the spread of invasive plants and noxious weeds that could have indirect adverse effects on special-status plants

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 45 through competition for resources and habitat degradation. In addition to the SPRs, PEIR MMs BIO-1a through BIO-1c would be implemented as needed to further reduce potentially significant impacts to special-status plant species. If special-status plants are present within the project area, MMs BIO-1a and BIO-1b would require disturbance buffers of a minimum of 50 feet around these species. This area would be marked using high-visibility flagging, stakes, or clear, existing landscape demarcations such as the edge of a roadway. If implementation of MMs BIO-1a and BIO-1b is not possible due to site limitations, MM BIO-1c would require the preparation and implementation of a Compensatory Mitigation Plan that identifies the significant impacts and implementation strategy to mitigate for loss of special-status plants.

The potential for treatment activities to result in adverse effects on special-status plants was examined in the PEIR. This impact on special-status plants is within the scope of the PEIR because the treatment activities and intensity of disturbance from implementing treatment activities are consistent with those analyzed in the PEIR. The inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the treatment area, general habitat characteristics are essentially the same within and outside the treatable landscape (e.g., no resource is affected outside the treatable landscape that would not also be similarly affected within the treatable landscape); therefore, the potential impact on special-status plants is also the same, as described above. Therefore, no new or severe impacts would occur, and impacts related to project activities would be less than significant with the implementation of appropriate AMMs, SPRs, and PEIR MMs BIO-1a through BIO-1c, if necessary.

IMPACT BIO-2
The proposed project includes treatment and maintenance activities that could result in direct or indirect impacts to special-status animals with suitable habitat within the treatment area, as described below.

Special-Status Amphibians, Fish, and Reptiles
There is potential for California red-legged frog, foothill yellow-legged frog, Santa Cruz black salamander, Central California Coast steelhead Distinct Population Segment (DPS) pop. 8, and western pond turtle to occur within the proposed project area. Per the PEIR, treatment activities, including manual and mechanical treatments, prescribed herbivory, and herbicide treatment, could affect special-status amphibians and reptiles through habitat modification. AMM-1, AMM-13 through AMM-15, AMM-20, and AMM-24, included in Section 2, Project Description (see Table 2), would be implemented to avoid impacts to special-status amphibians and reptiles or their habitat. In addition, SPRs BIO-2 through BIO-5, BIO-10, BIO-11, HAZ-5, HAZ-6, HYD-1, and HYD-4, included in the PEIR, would be implemented to further minimize impacts to special-status amphibians and reptiles. SPR BIO-1 requires a data review and reconnaissance surveys to identify habitat for special-status species and has already been implemented.

AMM-13 and SPR BIO-2 requires biological resources training for workers by a qualified biologist to inform them of the presence of special-status wildlife species and the mitigation measures, work practices, and laws and regulations that protect these resources. AMM-15, AMM-16, AMM-24, and SPRs BIO-3 through BIO-5 reduce potential impacts to special-status species through avoidance of their habitat. AMM-16 and SPR BIO-3 require project-specific surveys to identify and map the limits of sensitive natural communities and other sensitive habitats. AMM-24 and SPR BIO-4 require treatments to be designed to avoid loss or degradation of riparian habitat functions and values. AMM-16 and SPR BIO-5 require treatments to avoid environmental effects of type conversion and maintain habitat function in chaparral and coastal sage scrub habitats. AMM-15 and SPR BIO-10 require surveys for special-status wildlife and nursery sites. AMM-20 and SPR BIO-11 require the installation of wildlife-friendly fencing for prescribed herbivory and the establishment of exclusion zones. AMM-31 and SPR HAZ-5 require the preparation of a Spill Prevention and Response Plan and that a spill kit be kept and maintained on-site.

AMM-21 and SPR HYD-1 require the proposed project to comply with all state and regional water quality regulations, including conditions of waste discharge requirement waivers that are applicable to

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 46 fuel reduction and fire prevention activities. AMM-1 and SPR HYD-4 require identification and protection of protected resource areas. AMM-30 and SPR HYD-4 require equipment to be fueled and serviced outside of protected resource areas and wet areas that may provide habitat for special-status amphibians, fish, and reptiles. In addition, PEIR MMs BIO-2a and BIO-2b, BIO-3a through BIO-3c, and BIO-4, included in the PEIR, would be implemented, as needed. PEIR MMs BIO-2a and BIO-2b require the avoidance of special-status wildlife species identified as occurring within the project area. PEIR MM BIO-3a would reduce potentially significant impacts on sensitive natural communities and oak woodland habitat which may provide habitat for these species by requiring activities be designed to avoid loss of sensitive natural communities, to the extent feasible. If avoidance of sensitive natural communities is not feasible, PEIR MMs BIO-3b and BIO-3c would require compensation for unavoidable impacts. In addition, PEIR MM BIO-4 would reduce potentially significant impacts on federally and state-protected wetlands that may provide habitat to identified wildlife species by requiring the delineation and avoidance of any wetlands identified within the project area. With the implementation of identified SPRs, AMMs, and MMs, project-specific impacts would be less than significant.

Special-Status Bats
There is potential for pallid bat to occur within the proposed project area. Per the PEIR, treatment activities, including manual and mechanical treatments and herbicide application, conducted in suitable habitat for bats or during the bat maternity season (April 1–August 31) could result in the loss of young or abandonment of roosts from auditory and visual disturbances (e.g., heavy equipment, vehicles, chainsaws, etc.). Suitable habitat for special-status bats is present within the proposed project area.

AMM-13 through AMM-15 and AMM-24, included in Section 2, Project Description (see Table 2), and described above would be implemented to avoid impacts to special-status and roosting bats. In addition, SPRs BIO-2 through BIO-5, BIO-10, HAZ-5, and HYD-4 would also be implemented to avoid impacts to special-status bats. PEIR MMs BIO-2a and BIO-2b would also be implemented, as needed. With the implementation of AMMs, SPRs, and MMs, project-specific impacts would be less than significant.

Special-Status, Nesting, and Migratory Birds
No special-status bird species were determined to have potential to occur within the proposed project area. However, the presence of nesting and migratory birds is anticipated to occur. Per the PEIR, treatment activities conducted during the nesting bird season (February 1–August 31) could result in the loss of active nests or disturbance of nests from auditory and visual disturbances (e.g., heavy equipment, vehicles, chainsaws, etc.). In the event that special-status or nesting birds are discovered within the treatment area, a qualified biologist will establish suitable buffers, depending on the species, around nests.

Nests would be monitored, and buffers would be maintained until the chicks have fledged as determined by a qualified biologist. AMM-13 through AMM-15 and AMM-24, included in Section 2, Project Description (see Table 2), and described above, as well as SPR BIO-10, which protects habitat and nursery sites, and SPR BIO-12, which protects common nesting birds and raptors, would also be implemented. Following implementation of AMMs and SPRs, project-specific impacts would be less than significant.

Conclusion
The potential for treatment activities to result in adverse effects on special-status wildlife was examined in the PEIR. This impact on special-status wildlife is within the scope of the PEIR because the treatment activities and intensity of disturbance due to implementing treatment activities are consistent with those analyzed in the PEIR. The inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the treatment area, general habitat characteristics are essentially the same within and

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 47 outside the treatable landscape (e.g., no resource is affected outside the treatable landscape that would not also be similarly affected within the treatable landscape); therefore, the potential impact on special-status wildlife is also the same, as described above. Therefore, no new or severe impacts would occur, and impacts related to project activities would be less than significant with the implementation of appropriate AMMs, SPRs, and PEIR MMs BIO-2a and BIO-2b, BIO-3a through BIO-3c, and BIO-4, if necessary.

IMPACT BIO-3
Riparian and other sensitive natural communities are present within the proposed project area. Per the PEIR, vegetation treatment activities could result in the loss or degradation of sensitive habitats, including designated sensitive natural communities, riparian habitats, and oak woodlands. Data review and reconnaissance-level surveys of the treatment areas and associated biological resources were conducted in compliance with SPR BIO-1. Sensitive natural communities with potential to occur within the proposed treatment areas were compiled through searches conducted through a California Natural Diversity Database (CNDDB) nine-quadrangle search (CDFW 2022) and cross referenced against Table 3.6-22 (pages 3.6-83–3.6-85), in Volume II of the PEIR, for sensitive natural communities that could occur in the Central California Coast ecoregion. Based on this information, sensitive natural communities with potential to occur in the California Wildfire Habitat Relationship habitat types within the treatment area include oak woodland, chaparral, and riparian woodland. The presence of these habitat types was verified during the reconnaissance-level surveys. Within designated sensitive natural communities, vegetation treatment standards, included in Section 2, Project Description, have been established to reduce impacts to these communities.

Riparian habitat is present within the proposed treatment area. Three of the treatment areas—Santa Rosa Open Space, La Rinconada Park, and Novitiate Park—are adjacent to and/or contain ephemeral riparian features. Novitiate Park is bisected by Los Gatos Creek and Santa Rosa Open Space and La Rinconada Park both contain unnamed water features identified by the NWI as stream/river and lake/pond resources.

SPR BIO-3 requires site-specific surveys to identify and map the limits of sensitive natural communities and other sensitive habitats using standard field protocols. No ground disturbance or grazing would be allowed in these buffer areas. In addition, prescribed burning is not proposed as a treatment method and no chemical treatments would be permitted adjacent to stream and water resources. The use of herbicides in riparian areas would be limited to those approved in the PEIR, as discussed in Section 4.9 Hazardous Materials, Public Health, and Safety, under Impact HAZ-2.

AMMs included in Section 2, Project Description (see Table 2), will be implemented to avoid impacts from treatment activities to riparian habitat and other sensitive natural communities. SPRs BIO-2 through BIO-6, BIO-8, BIO-9, and HYD-4, from the PEIR, will be implemented to reduce potential direct and indirect impacts to riparian habitat and sensitive natural communities. SPR BIO-2 requires biological resource training for workers so that they can identify and avoid sensitive natural communities and habitats. AMM-1, AMM-13, AMM-15, and SPR BIO-3 require site-specific surveys to identify and map the limits of sensitive natural communities and other sensitive habitats using standard field protocols.

AMM-17, AMM-20, AMM-24 through AMM-28, and SPR BIO-4 require treatments be designed to avoid loss or degradation of riparian habitat functions and values. AMM-16 and SPR BIO-5 require treatments be designed to avoid environmental effects of type conversion of chaparral habitats. AMM-19 and SPR BIO-6 require BMPs be implemented to prevent the spread of plant pathogens. AMM-18 and SPR BIO-9 require BMPs be implemented to prevent the spread of invasive plants and noxious weeds that could degrade the quality of sensitive habitats and sensitive natural communities. SPR HYD-4 requires identification of environmentally sensitive areas, such as aquatic resources.

In addition, implementation of PEIR MM BIO-3a and BIO-4 would reduce potentially significant impacts by requiring treatments to be designed to avoid loss of sensitive natural communities and the delineation of wetlands and waters as well as the establishment of disturbance buffers to avoid impacts to state and/or

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 48 federally protected wetlands. If impacts to sensitive natural communities are unavoidable, PEIR MMs BIO-3b and BIO-3c, which require compensation for loss of natural communities, oak woodlands, and unavoidable loos of riparian habitat, would be implemented. However, no unavoidable impacts are anticipated.

The potential for treatment activities to result in adverse effects on riparian habitat or other sensitive natural communities was examined in the PEIR. This impact on riparian habitat or other sensitive natural communities is within the scope of the PEIR because the treatment activities and intensity of disturbance as a result of implementing treatment activities are consistent with those analyzed in the PEIR. The inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the treatment area, general habitat characteristics are essentially the same within and outside the treatable landscape (e.g., no resource is affected outside the treatable landscape that would not also be similarly affected within the treatable landscape); therefore, the potential impact on riparian habitat or other sensitive natural communities is also the same, as described above. Therefore, no new or severe impacts would occur, and impacts related to project activities would be less than significant with the implementation of appropriate AMMs, SPRs, and PEIR MMs BIO-3a through BIO-3c and BIO-4, if necessary.

IMPACT BIO-4
The U.S. Fish and Wildlife Service (USFWS) NWI database identifies multiple features within the project area (USFWS 2022). The Town contains several creeks, ponds, and reservoirs; however, the natural hydrology of the area has been altered over time due to urban development and flood control infrastructure. Waterways within the Town include a mixture of perennial and ephemeral rivers and creeks, including the Guadalupe River and Los Gatos, Ross, and Smith Creeks. Santa Rosa Open Space, La Rinconada Park, and Novitiate Park are adjacent to and/or contain ephemeral riparian features.

Novitiate Park is bisected by Los Gatos Creek and Santa Rosa Open Space and La Rinconada Park both contain unnamed water features identified by NWI as stream/river and lake/pond resources. No NWI waters or wetlands have been mapped within Heintz Open Space and Worcester Park. The presence or absence of waters and wetlands was verified in the field and confirmed NWI features. Treatment activities may occur in riparian areas; however, grazing or prescribed herbivory and chemical treatments will be regulated in riparian areas consistent with the PEIR.

AMM-21 through AMM-37, included in Section 2, Project Description (see Table 2), will be implemented to avoid impacts from treatment activities to aquatic resources and riparian areas and reduce the potential for erosion or hazardous spills in sensitive habitat areas. SPRs BIO-1 and HYD-1, HYD-3, and HYD-4, from the PEIR, will be implemented to identify potential resources on-site and protect water quality. In addition, implementation of PEIR MM BIO-4 would reduce potentially significant impacts by requiring the delineation of wetlands and waters as well as the establishment of disturbance buffers to avoid impacts to federally and/or state-protected wetlands.

The potential for treatment activities to result in adverse effects on federally or state-protected wetlands was examined in the PEIR. This impact on protected wetlands is within the scope of the PEIR because the treatment activities and intensity of disturbance as a result of implementing treatment activities are consistent with those analyzed in the PEIR. The inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the treatment area, general habitat characteristics are essentially the same within and outside the treatable landscape (e.g., no resource is affected outside the treatable landscape that would not also be similarly affected within the treatable landscape); therefore, the potential impact on federally and state-protected wetlands is also the same, as described above. Therefore, no new or severe impacts would occur, and impacts related to project activities would be less than significant with the implementation of appropriate AMMs, SPRs, and PEIR MM BIO-4.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 49 IMPACT BIO-5
The project area consists of five distinct undeveloped parks and open space areas within the Town with varying degrees of wildlife connectivity. La Rinconada and Worcester Parks are located in dense urban areas surrounded primarily by residential uses. Santa Rosa and Heintz Open Space Areas and Novitiate Park have connectivity to adjacent open space areas and likely experience greater use from terrestrial species. The PEIR recognizes that treatment activities, including those that generate noise, temporary fencing for prescribed herbivory, and other disturbances, may cause temporary changes to wildlife movement and potentially disrupt nursery sites. In addition, treatment activities that remove cover and impact habitat structures could result in long-term effects that may result in habitat loss or degradation.

However, no known wildlife nursery sites were identified during the implementation of SPR BIO-1.

Implementation of AMM-21 through AMM-37, included in Section 2, Project Description (see Table 2), will reduce impacts to wildlife movement corridors and nurseries by avoiding work in sensitive habitat areas. Additionally, implementing vegetation management standards included in Section 2, Project Description, ensures vegetation retention for wildlife. SPRs HYD-1, HYD-4, BIO-1, BIO-4, BIO-5, and BIO-10 through BIO-12 will be implemented to reduce potential impacts to aquatic and riparian habitat; see Impacts BIO-1 through BIO-4 for detailed descriptions of these SPRs and AMMs. Wildlife nurseries could be impacted if the habitats or areas where these nurseries occur are in habitats that are not covered in the SPRs. If nursery sites are identified in areas not included in the SPRs, the PEIR requires that PEIR MM BIO-5 be implemented to retain nursery habitat and implement buffers to avoid nursery sites.

Nursery sites, if present, should be identified through the implementation of SPR BIO-10.

The potential for treatment activities to result in adverse effects on wildlife movement corridors and the impeded use of nurseries was examined in the PEIR. This impact on wildlife movement and nurseries is within the scope of the PEIR because the treatment activities and intensity of disturbance as a result of implementing treatment activities are consistent with those analyzed in the PEIR. The inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the treatment area, general habitat characteristics are essentially the same within and outside the treatable landscape (e.g., no resource is affected outside the treatable landscape that would not also be similarly affected within the treatable landscape); therefore, the potential impact on wildlife movement corridors and nurseries is also the same, as described above. Therefore, no new or severe impacts would occur, and impacts related to project activities would be less than significant with the implementation of appropriate AMMs, SPRs, and PEIR MM BIO-5, if necessary.

IMPACT BIO-6
The proposed project would include treatment methods that could result in the reduction of habitat or abundance of common wildlife, including nesting birds, due to the presence of suitable habitat throughout the project area. Proposed treatment activities conducted during the nesting bird season could result in the loss or disturbance of active nests due to noise impacts and could potentially result in abandonment and loss of chicks.

Treatment activities would include the removal of vegetation, dead trees, and woody debris to reduce fuel loads and fire risk within the Town. However, focused nesting bird surveys would be conducted prior to the implementation of treatment activities in accordance with the AMMs and SPRs. AMM-13, included in Section 2, Project Description (see Table 2), would provide protection of nesting birds in congruence with the Migratory Bird Treaty Act. AMM-13 through AMM-15 require a qualified biologist to conduct surveys for special-status species, to conduct environmental awareness training for crew members, and establish protocols for special-status species encounters. AMM-24 requires that treatments in riparian habitat be designed to retain or improve habitat functions. Additionally, AMM-20 and AMM-33 also

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 50 provide exclusion areas and treatment standards for sensitive habitat areas to protect long-term habitat for wildlife.

In addition to the AMMs above which provide protection for wildlife and their habitat, and provide exclusion areas, SPRs BIO-1 through BIO-5 and BIO-12 would be implemented to reduce impacts to less than significant. SPRs BIO-1 through BIO-5 limit the loss or degradation of high-quality breeding habitats for special-status wildlife that would also benefit common species and protect sensitive natural communities, including wetland and riparian habitat. SPR BIO-12 provides protection for common nesting birds and raptors, if treatment activities need to occur during the nesting season, by requiring pretreatment nesting bird surveys and implementation of feasible impact avoidance strategies, including protective buffers, treatment modifications, and raptor nest monitoring. Overall, proposed treatments are occurring within small portions of species’ overall habitat range and would not substantially reduce the overall abundance of any common wildlife.

The potential for treatment activities to result in adverse effects on the reduction of habitat or abundance of common wildlife was examined in the PEIR. This impact is within the scope of the PEIR because the treatment activities and intensity of disturbance as a result of implementing treatment activities are consistent with those analyzed in the PEIR. The inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the treatment area, general habitat characteristics are essentially the same within and outside the treatable landscape (e.g., no resource is affected outside the treatable landscape that would not also be similarly affected within the treatable landscape); therefore, the potential impact on common wildlife, including nesting birds, is also the same, as described above. Therefore, no new or severe impacts would occur, and impacts related to project activities would be less than significant with the implementation of appropriate AMMs and SPRs.

IMPACT BIO-7
The proposed project is compliant with the Town of Los Gatos 2040 General Plan Open Space, Parks, and Recreation Element (Element 7) and Environment and Sustainability Element (Element 8), which require the protection of biological and water resources, including special-status species, sensitive habitat communities, and aquatic resources. AMM-13 through AMM-33, discussed in Impacts BIO-1 through BIO-6, would be implemented to protect and reduce impacts to special-status species, sensitive habitat communities, and aquatic resources. SPR AD-3 would be implemented to ensure consistency with local plans, policies, and ordinances, as applicable to the proposed project. In addition, SPR AD-3, which requires that the project proponent design and implement the treatment in a manner that is consistent with applicable local plans, policies, and ordinances to the applicable extent, would be implemented to provide additional protection for special-status species, sensitive biological habitats, and aquatic resources, consistent with the Town’s General Plan. Further, SPRs BIO-1 through BIO-12, HYD-1, HYD-4, and HAZ-5 and PEIR MMs BIO-2a through BIO-2b, BIO-3a through BIO-3c, BIO-4, and BIO-5, identified in Impacts BIO-1 through BIO-6, would be implemented to further protect special-status species, riparian areas, and water resources, which is consistent with the Town’s General Plan. With implementation of AMMs, SPRs, and MMs, project-specific impacts would be less than significant, which is consistent with the determination of the PEIR.

The potential for treatment activities to comply with local policies or ordinances protecting biological resources was examined in the PEIR. This impact on biological resources is within the scope of the PEIR because the treatment activities and intensity of disturbance as a result of implementing treatment activities are consistent with those analyzed in the PEIR. The inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the treatment area, general habitat characteristics are essentially the same within and outside the treatable landscape (e.g., no resource is affected outside

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 51 the treatable landscape that would not also be similarly affected within the treatable landscape); therefore, the potential impact on biological resources from conflicts with local policies or ordinances is also the same, as described above. Therefore, no new or severe impacts would occur, and impacts related to project activities would be less than significant with the implementation of appropriate SPRs.

IMPACT BIO-8
The implementation of the proposed project and treatment activities would not conflict with adopted habitat conservation plans (HCPs) or natural community conservation plans (NCCPs) because the treatment area is not within an adopted HCP or NCCP. Therefore, project-specific impacts would be less than significant and would not result in any new or more severe impacts.

NEW BIOLOGICAL RESOURCES IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.6.1, Regulatory Setting, and Section 3.6.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to biological resources present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact.

Therefore, no new impact related to biological resources would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 52 4.6 Geology, Soils, Paleontology, and Mineral Resources Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact GEO-1: Result in
Substantial Erosion or
Loss of Topsoil
LTS Impact
GEO-1
pages

3.7-27 to

3.7-30
Yes GEO-1/
AMM-34
GEO-2/
AMM-36
GEO-3
GEO-4
GEO-5
GEO-7/
AMM-37
GEO-8/
AMM-35
AD-3
HYD-4
AQ-4
NA LTS No Yes
Impact GEO-2: Increase
Risk of Landslide
LTS Impact
GEO-2
pages

3.7-30 to

3.7-31
Yes GEO-3
GEO-4
GEO-7/
AMM-37
GEO-8/
AMM-35
NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Geology, Soils, Paleontology, and Mineral Resources Impacts: Would the treatment result in other impacts to geology, soils, paleontology, and mineral resources that are not evaluated in the CalVTP PEIR?
☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT GEO-1
The proposed project includes grazing or prescribed herbivory, mechanical, manual, and herbicide treatments over 193.91 acres in the Town of Los Gatos within Santa Clara County. Treatment activities would occur on a phased schedule throughout the year. The proposed treatment areas include five

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 53 managed open space and undeveloped park areas. Per the PEIR, these treatment activities have the potential to cause soil disturbance, increased runoff, increased fluvial erosion, increased mass wasting, and impacts to water quality. The reduction or removal of vegetation has the potential to result in shortterm erosion or loss of topsoil. However, the proposed project does not include treatment activities such as prescribed burns, which could cause water repellency or non-shaded fuelbreaks, that would result in the removal of all vegetation, and would retain vegetation to the greatest possible extent. Consistent with the PEIR, SPRs GEO-1 through GEO-8, AQ-4, and HYD-4, as well as AMM-35 through AMM-37, would be implemented to further prevent or reduce potential impacts to soil and topsoil during treatment activities. In addition, SPR AD-3 requires consistency with local plans, policies, and ordinances with respect to all treatment activities and maintenance. With the implementation of AMMs and SPRs, project impacts would be less than significant, consistent with the PEIR, and no new or more severe significant impacts would occur as a result of proposed activities.

IMPACT GEO-2
No steep slopes occur in the treatment areas and prescribed burns are not included as a treatment method for this project. The proposed treatment areas vary between gently to moderately sloped. Treatment activities would reduce and remove vegetation in moderately sloped areas, which has the potential to increase the risk of landslides if treatments affect the vegetation root structure, reducing soil water uptake and transpiration which can cause the water content in the slopes to destabilize and increase the chance of a landslide. Vegetation management and maintenance standards, as discussed in Section 2.3.5, Vegetation Management and Maintenance Standards and Areas, will be implemented to reduce the risk of landslides caused by treatment activities. Aside from specific invasive species, roots will be left in place, to the maximum extent possible, to support soil structure. In addition, consistent with the PEIR, SPRs GEO-3, GEO-4, GEO-7, and GEO-8, as well as AMM-35 and AMM-37, would be implemented to prevent landslides. With the implementation of vegetation management and maintenance standards, AMMs, and SPRs, project impacts would be less than significant, consistent with the PEIR, and no new or more severe significant impacts would occur as a result of proposed activities

NEW GEOLOGY, SOILS, PALEONTOLOGY, AND MINERAL RESOURCES

IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.7.1, Regulatory Setting, and Section 3.7.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to geology, soils, paleontology, and mineral resources present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to geology, soils, paleontology, and mineral resources would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 54 4.7 Greenhouse Gas Emissions
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact GHG-1: Conflict
with Applicable Plan,
Policy, or Regulation of
an Agency Adopted for
the Purpose of
Reducing the Emissions
of GHGs
LTS Impact
GHG-1
pages

3.8-10 to

3.8-11
Yes None NA LTS No Yes
Impact GHG-2:

Generate GHG
Emissions through
Treatment Activities
PSU Impact
GHG-2
pages

3.8-11 to

3.18-17
Yes None NA SU No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Greenhouse Gas Emissions Impacts: Would the treatment result in other impacts to greenhouse gas emissions that are not evaluated in the CalVTP PEIR?
☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT GHG-1
The overall goal of the CalVTP is to reduce the risk of wildfire, which would likely result in greenhouse gas (GHG) emissions caused by large wildfire events and would increase long-term carbon sequestration through the preservation of trees. Fuel reduction treatments that were evaluated in the PEIR were determined to be consistent with California’s 2017 Climate Change Scoping Plan (2017 Scoping Plan), California Forest Carbon Plan, and Draft California 2030 Natural and Working Lands Climate Change Implementation Plan (CARB 2017; 2018; 2019). These plans acknowledge the importance of fuel reduction treatments in managing natural and working lands to reduce long-term GHG emissions. Projectspecific fuel reduction treatments for the proposed project would not include prescribed burns and would be consistent with the fuel reduction treatments evaluated in the PEIR; therefore, as evaluated in the PEIR, short-term GHG emissions from equipment and vehicle use are anticipated to be offset by the longterm benefits of reducing wildfire risk within the state. The proposed project would be consistent with the analysis of the PEIR and would not conflict with applicable GHG reduction plans, regulations, or

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 55 policies; therefore, project-specific impacts would be less than significant, which is consistent with the impact determination included in the PEIR. Therefore, no new or more severe significant impacts would occur as a result of proposed activities.

IMPACT GHG-2
Proposed manual and mechanical treatment activities would result in GHG emissions generated by the use of on- and off-road vehicles and equipment (e.g., masticators, chippers, bulldozers, etc.), machinepowered hand tools (e.g., chainsaws), and crew and equipment transportation. Consistent with the PEIR, treatment activities implemented under the proposed project would result in GHG emissions directly generated by equipment, vehicles, and hauling of equipment and materials associated with manual and mechanical treatment activities. However, unlike under the CalVTP, no prescribed burning, which results in substantially more GHG emissions than manual or mechanical treatments, would occur under the proposed project. PEIR MM GHG-2 would not be applicable to the proposed project because it requires GHG emissions reduction techniques to be implemented during prescribed burning, which is not a proposed treatment activity. This impact is within the scope of the PEIR because the proposed activities, as well as the associated equipment and duration of use, are consistent with those analyzed in the PEIR. In addition, the intent of the proposed vegetation treatments is to reduce wildfire risk and GHG emissions related to wildfire. The proposed project encompasses a much smaller treatment area and would not include prescribed burns; therefore, the proposed project would generate a substantially reduced amount of GHG emissions compared to what was evaluated in the PEIR. This impact of the proposed project is consistent with the PEIR and would not constitute a substantially more severe significant impact than what was covered in the PEIR. Within the boundary of the project area, the climate conditions present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the GHG impact is also the same, as described above. This determination is consistent with the PEIR and would not constitute a substantially more severe significant impact than what was covered in the PEIR.

NEW GREENHOUSE GAS EMISSIONS IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.8.1, Regulatory Setting, and Section 3.8.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to GHGs present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to GHG emissions would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 56 4.8 Energy Resources
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact ENG-1: Result in
Wasteful, Inefficient, or
Unnecessary
Consumption of Energy
LTS Impact
ENG-1
pages 3.9-7
to 3.9-8
Yes NA NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Energy Resources Impacts: Would the treatment result in other impacts to energy resources that are not evaluated in the CalVTP PEIR?
☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT ENG-1
As described in the PEIR, proposed treatment activities would result in the short-term consumption of energy resources in the form of gasoline, diesel, and fuels during the use of heavy-duty vehicles and equipment and crew transportation to and from the site. Long-term impacts related to energy consumption would likely be beneficial because proposed treatment activities would reduce the threat of large-scale wildfire events that would require immediate emergency response personnel and vehicle mobilization.

Consistent with the PEIR, treatment activities would require the short-term consumption of energy resources; however, by reducing wildfire risk, the inefficient use of energy resources during catastrophic wildfire events could also be reduced. Proposed treatment activities are consistent with the equipment and treatment types included in the PEIR. Therefore, the proposed project is consistent with the determination of the PEIR, and project-specific impacts would be less than significant.

NEW ENERGY RESOURCES IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.9.1, Regulatory Setting, and Section 3.9.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 57 geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to energy use present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to energy would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 58 4.9 Hazardous Materials, Public Health, and Safety
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact HAZ-1: Create a
Significant Health
Hazard from the Use of
Hazardous Materials
LTS Impact
HAZ-1
pages

3.10-14 to

3.10-15
Yes HAZ-1
HAZ-5/
AMM-31
HYD-4/
AMM-1,
AMM-30
NA LTS No Yes
Impact HAZ-2: Create a
Significant Health
Hazard from the Use of
Herbicides
LTS Impact
HAZ-2
pages

3.10-15 to

3.10-18
Yes HAZ-5/
AMM-31
HAZ-6
HAZ-7
HAZ-8
HAZ-9
NA LTS No Yes
Impact HAZ-3: Expose
the Public or
Environment to
Significant Hazards
from Disturbance to
Known Hazardous
Material Sites
LTSM Impact
HAZ-3
pages

3.10-18 to

3.10-19
Yes NA NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Hazardous Materials, Public Health, and Safety Impacts: Would the treatment result in other impacts to hazardous materials, public health, and safety that are not evaluated in the CalVTP PEIR? ☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT HAZ-1
Consistent with the PEIR, certain treatment activities require the use of vehicles and equipment that require fuels, oils, and lubricants to function. The use of these materials has the potential to result in accidental exposure to hazardous materials that may cause health hazards. AMM-1, AMM-30, and AMM-31, included in Section 2, Project Description (see Table 2), would reduce the potential for hazardous materials to enter environmentally sensitive areas, prevent accidental spills, and implement a spill response plan in case of spills. The proposed project would also implement SPR HAZ-1, which

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 59 requires routine maintenance on all equipment; SPR HAZ-2, which requires all mechanized equipment to be equipped with spark arrestors; SPR HAZ-3, which requires crews to carry one fire extinguisher per chainsaw used; and SPR HAZ-4, which prohibits smoking in vegetated areas. A Spill Prevention and Response Plan consistent with SPR HAZ-5 would also be implemented and a spill kit would be kept onsite. In addition, the proposed project would be subject to state rules and regulations, including the Hazardous Waste Control Act (HWCA), California Department of Toxic Substance Control (DTSC), California Division of Occupational Health and Safety Administration (Cal/OSHA), and California Environmental Protection Agency (CalEPA) regulations for the use, transport, storage, and disposal of hazardous materials. Project impacts would be less than significant, consistent with the PEIR, and would not result in any new or more significant environmental impacts.

IMPACT HAZ-2
Per the PEIR, herbicide application requires increased transportation, use, storage, and disposal of herbicides, which could result in risks related to human exposure when applied near public areas or if accidental spills occur. The proposed project includes the optional, as-needed use of herbicides as a treatment option to remove target vegetation. Herbicides proposed are consistent with those analyzed in the PEIR and include borax (tetraborate decahydrate), clopyralid (monethanolamine salt), glyphosate (ispropylamine salt, potassium salt, dimethylamine salt, diammonium salt), hexazinone, imazapyr (isopropylamine salt), sulfometron methyl, triclopyr (butoxyethyl ester and triethylamine salt), nonylphenol 9 ethoxylates (NP9E), cleantraxx (penoxsulam and oxyfluorfen), valpar (hexazinone), and indaziflam.

Certification is required to apply herbicides in the State of California through the California Department of Pesticide Regulation and requires the certified party to obtain appropriate PPE, including, but not limited to, masks or respirators, safety goggles, gloves, protective clothing, hard hats, and boots.

Herbicide treatments would be performed in accordance with federal and state regulations and conducted by a licensed Pest Control Advisor. In addition, the proposed project would limit the use and type of herbicides and restrict treatment in areas adjacent to the public and environmentally sensitive areas, consistent with the PEIR. AMM-31, included in Section 2, Project Description (see Table 2), would reduce potential health hazards that could result from the use of herbicides by requiring hand application of herbicides and limiting herbicide use adjacent to sensitive environmental areas including, waters and wetlands. In addition, the proposed project would implement SPRs HAZ-5 through HAZ-9, from the PEIR. AMM-31 and SPR HAZ-5 require the preparation of a Spill Prevention and Response Plan and that a spill kit be kept and maintained on-site. SPR HAZ-6 requires compliance with herbicide application regulations, including coordinating pesticide use with the applicable County Agricultural Commissioner(s) and obtaining all required licenses and permits. SPR HAZ-7 requires that herbicide containers be triple rinsed with clean water at an approved site and disposed of by placing it in a batch tank. SPR HAZ-8 requires minimization of herbicide drift to public areas during herbicide application, and SPR HAZ-9 requires the public be notified of herbicide use prior to applications in areas adjacent to public areas (e.g., recreation areas, residential areas, schools, etc.) within 500 feet. Project impacts would be less than significant, consistent with the PEIR, and would not result in any new or more significant environmental impacts.

IMPACT HAZ-3
Mechanical treatments have the potential to cause soil disturbance and may expose workers, members of the public, and the environment to hazardous materials in the treatment areas. Mechanical treatments would be implemented as part of the project, however, there are no hazardous material sites within the proposed treatment areas (DTSC 2022; Regional Water Quality Control Board [RWQCB] 2022). Project impacts would be less than significant, consistent with the PEIR, and would not result in any new or more significant environmental impacts.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 60 NEW HAZARDOUS MATERIALS, PUBLIC HEALTH, AND SAFETY IMPACTS The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.10.1, Regulatory Setting, and Section 3.10.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to hazardous materials, public health, and safety present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to hazardous materials, public health, and safety would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 61 4.10 Hydrology and Water Quality
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact HYD-1: Violate
Water Quality
Standards or Waste
Discharge
Requirements,
Substantially Degrade
Surface or Ground
Water Quality, or
Conflict with or Obstruct
the Implementation of a
Water Quality Control
Plan Through the
Implementation of
Prescribed Burning
LTS Impact
HYD-1
pages

3.11-25 to

3.11-27
No -- -- -- -- --
Impact HYD-2: Violate
Water Quality
Standards or Waste
Discharge
Requirements,
Substantially Degrade
Surface or Ground
Water Quality, or
Conflict with or Obstruct
the Implementation of a
Water Quality Control
Plan Through the
Implementation of
Manual or Mechanical
Treatment Activities
LTS Impact
HYD-2
pages

3.11-27 to

3.11-29
Yes BIO-1
HYD-1/
AMM-21
HYD-4/
AMM-1,
AMM-30
GEO-1/
AMM-34
GEO-2/
AMM-36
GEO-3/
AMM-35
GEO-4/
AMM-37
GEO-7
HAZ-1
HAZ-5/
AMM-31
AMM-21
AMM-41
NA LTS No Yes
Impact HYD-3: Violate
Water Quality
Standards or Waste
Discharge
Requirements,
Substantially Degrade
Surface or Ground
Water Quality, or
Conflict with or Obstruct
the Implementation of a
Water Quality Control
Plan Through
Prescribed Herbivory
LTS Impact
HYD-3
page

3.11-29
Yes HYD-3
AMM-33
NA LTS No Yes

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 62 Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Impact HYD-4: Violate
Water Quality
Standards or Waste
Discharge
Requirements,
Substantially Degrade
Surface or Ground
Water Quality, or
Conflict with or Obstruct
the Implementation of a
Water Quality Control
Plan Through the
Ground Application of
Herbicides
LTS Impact
HYD-4
pages

3.11-29 to

3.11-31
Yes BIO-4/
AMM-25
HYD-5
HAZ-5/
AMM-31
HAZ-6/
AMM-27
HAZ-7
AMM-26
NA LTS No Yes
Impact HYD-5:

Substantially Alter the
Existing Drainage
Pattern of a Treatment
Site or Area
LTS Impact
HYD-5
page

3.11-31
Yes HYD-1/
AMM-21
HYD-4/
AMM-1,
AMM-30
HYD-6
GEO-1/
AMM-34
GEO-2
NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Hydrology and Water Quality Impacts: Would the treatment result in other impacts to hydrology and water quality that are not evaluated in the CalVTP PEIR? ☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT HYD-1
The proposed project does not include prescribed burning. Therefore, this impact does not apply to the proposed project.

IMPACT HYD-2
The proposed project includes manual and mechanical vegetation treatments over approximately 193.91 acres within open space areas and undeveloped park areas. Consistent with the PEIR, these treatment

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 63 activities would result in ground disturbance and may cause soil erosion. Disturbed soil could enter environmentally sensitive areas, including adjacent watercourses. In addition, fuel required for the use and operation of mechanical equipment and transport of manual equipment could potentially enter watercourses and degrade water quality through accidental spills. The proposed project would implement AMMs included in Section 2, Project Description (see Table 2), during treatment activities to reduce the potential for erosion, runoff, and accidental spills, and to avoid impacts to environmentally sensitive areas, such as aquatic habitat. In addition, the proposed project would also implement SPRs included in the PEIR to reduce impacts to watercourses from erosion and runoff. SPR BIO-1 requires a qualified biologist to conduct a data review and reconnaissance-level surveys within proposed treatment areas in order to identify and document sensitive resources, including riparian habitat, wetlands, and special-status species habitat and establish an avoidance buffer area to protect resources during project activities.

AMM-34 and AMM-36 and SPRs GEO-1 and GEO-2 limit ground disturbance during precipitation or heavy equipment operation over saturated soils, when such activities could produce ruts and runoff could concentrate. AMM-37 and SPR GEO-3 requires highly disturbed areas be stabilized with mulch and SPR GEO-4 requires treatment areas to be inspected for erosion prior to and following the first large rainfall event. AMM-35 and SPRs GEO-7 and GEO-8 would limit equipment operation on steep or unstable slopes to reduce the potential for erosion. AMM-21 and SPR HYD-1 require the proposed project to comply with all state and regional water quality regulations, including conditions of waste discharge requirement waivers that are applicable to fuel reduction and fire prevention activities. AMM-30 and SPR HYD-4 require equipment to be fueled and serviced outside of environmentally sensitive areas.

AMM-41 and SPR HAZ-1 require all equipment to be maintained and regularly inspected for leaks.

AMM-31 and SPR HAZ-5 require the preparation of a Spill Prevention and Response Plan and that a spill kit be kept and maintained on-site. Implementation of AMMs and SPRs would reduce the potential for erosion, runoff, and/or accidental spills into adjacent environmentally sensitive areas. Therefore, projectspecific impacts would be less than significant, consistent with the PEIR, and would not result in any new or more severe impacts.

IMPACT HYD-3
The proposed project includes grazing/prescribed herbivory as a treatment method. The use of prescribed herbivory has potential to impact water quality, especially in riparian areas where livestock tend to congregate. Consistent with the PEIR, the proposed project would require a grazing management plan to be prepared and exclusion fencing to be installed to prevent impacts to water quality as a result of grazing activities. The proposed project would implement AMM-33, included in Section 2, Project Description (see Table 2), to prevent grazing in environmentally sensitive areas and reduce the risk of substantial degradation to surface or groundwater quality from prescribed herbivory. AMM-33 and SPR HYD-3 exclude grazing in sensitive areas, require livestock movement if erosion is observed, require alternative water sources, and limit stream access points and crossings, which would avoid and minimize water quality degradation and be implemented to further minimize potential impacts to surface or groundwater quality. Therefore, project-specific impacts would be less than significant, consistent with the PEIR, and would not result in any new or more severe impacts.

IMPACT HYD-4
As discussed in Section 4.9, Hazardous Materials, Public Health, and Safety, the proposed project includes the optional, as-needed use of herbicides as a treatment option to remove target vegetation.

Herbicides proposed are consistent with those analyzed in the PEIR and include borax (tetraborate decahydrate), clopyralid (monethanolamine salt), glyphosate (ispropylamine salt, potassium salt, dimethylamine salt, diammonium salt), hexazinone, imazapyr (isopropylamine salt), sulfometron methyl, triclopyr (butoxyethyl ester and triethylamine salt), nonylphenol 9 ethoxylates (NP9E), cleantraxx (penoxsulam and oxyfluorfen), valpar (hexazinone), and indaziflam. Per the PEIR, the use of herbicides

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 64 has the potential to impact water quality through off-site movement of herbicides from runoff, leaching, drift, and misapplication or spills. Other factors, including site conditions, chemical characteristics, and application techniques, increase the likelihood of an herbicide to degrade water quality.

Certification is required to apply herbicides in the State of California through the California Department of Pesticide Regulation and requires the certified party to obtain appropriate PPE, including, but not limited to, masks or respirators, safety goggles, gloves, protective clothing, hard hats, and boots.

Herbicide treatments would be performed in accordance with federal and state regulations and conducted by a licensed Pest Control Advisor. In addition, the proposed project would limit the use and type of herbicides and restrict treatment in environmentally sensitive areas, consistent with the PEIR. AMM-25 through AMM-27 and AMM-31, included in Section 2, Project Description (see Table 2), would reduce and minimize the risk of impacts to surface or groundwater quality from herbicide application.

In addition, the proposed project would also implement SPRs from the PEIR, including SPR BIO-4, SPR HAZ-5 through 7, and SPR HYD-5 to further reduce the risk of substantial degradation to surface or groundwater quality from herbicide application. SPR HYD-5 prohibits spray application of herbicides when wind speeds are 7 miles per hour or greater and prohibits herbicide application within 50 feet of surface waters or wet meadows for non-aquatic formulations. AMM-25 and SPRs HYD-5 and BIO-4 allow only hand application of herbicides in riparian areas. AMM-26 requires herbicide application to occur outside of the wet season. AMM-31 and SPR HAZ-5 require the preparation of a Spill Prevention and Response Plan and that a spill kit be kept and maintained on-site. AMM-27 and SPR HAZ-6 require compliance with herbicide application regulations, including coordinating pesticide use with the applicable County Agricultural Commissioner(s) and obtaining all required licenses and permits. SPR HAZ-7 requires that herbicide containers be triple rinsed with clean water at an approved site and disposed of by placing it in a batch tank to protect water resources. Therefore, project-specific impacts would be less than significant, consistent with the PEIR, and would not result in any new or more significant environmental impacts.

IMPACT HYD-5
Consistent with the PEIR, the proposed project includes ground-disturbing treatment activities that could intersect existing drainage infrastructure at treatment locations. The proposed project does not include non-shaded fuel breaks, but includes a combination of manual, mechanical, and prescribed herbivory treatment methods over 193.91 acres within the Open Space VMP Area, which have the potential to temporarily disturb existing drainage patterns within the project area. Consistent with the PEIR, prescribed herbivory, and most methods of mechanical treatments, would have minor effects on site drainage. The implementation of AMMs, included in Section 2, Project Description (see Table 2), and SPRs, included in Impacts HYD-2 through HYD-4, would reduce impacts to existing drainages in the treatment areas. Therefore, project-specific impacts would be less than significant, consistent with the PEIR, and would not result in any new or more significant environmental impacts.

NEW HYDROLOGY AND WATER QUALITY IMPACTS
The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.11.1, Regulatory Setting, and Section 3.11.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to hydrology and water quality present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape;

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 65 therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact. Therefore, no new impact related to hydrology and water quality would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 66 4.11 Land Use and Planning, Population and Housing
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact LU-1: Cause a
Significant
Environmental Impact
Due to a Conflict with a
Land Use Plan, Policy,
or Regulation
LTS Impact LU-1
pages

3.12-13 to

3.12-14
Yes AD-3 NA LTS No Yes
Impact LU-2: Induce
Substantial Unplanned
Population Growth
LTS Impact LU-2
pages

3.12-14 to

3.12-15
Yes NA NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Land Use and Planning, Population and Housing Impacts: Would the treatment result in other impacts to land use and planning, population and housing that are not evaluated in the CalVTP PEIR? ☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT LU-1
The project area encompasses approximately 193.91 acres of parks and open space within the Town of Los Gatos. SPR AD-3, included in the PEIR, requires proposed projects to be consistent with applicable local plans, policies, and ordinances. Applicable local plans, policies, and ordinances include the Town of Los Gatos 2040 General Plan (Town of Los Gatos 2022a), Town of Los Gatos Municipal Code, Los Gatos Hillside Specific Plan (Town of Los Gatos 1978), Town of Los Gatos Tree Protection Ordinance (Town of Los Gatos 2022b), and Santa Clara County Fire Department Road Standards (SCCFD 2009; 2020a; 2020b). These plans require the protection of biological resources, water resources, air quality, and other environmental resources. In addition, the Town of Los Gatos 2040 General Plan Hazards and Safety Element (Element 9) identifies the need to protect the community from potential threats, including wildfire (Town of Los Gatos 2022a). The proposed project includes AMMs (see Section 2, Project Description [see Table 2]) to reduce potential impacts related to air quality, special-status species and other biological resources, soil stability, and water resources. Consistent with the analysis of the PEIR, implementation of AMMs, SPRs, and MMs included in each resource section would avoid or reduce impacts and ensure consistency with applicable local plans, policies, and regulations. Additionally, the

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 67 proposed project would reduce the risk for wildfire to occur, which is consistent with the Hazards and Safety Element (Element 9). Since AMMs, SPRs, and MMs are required to be implemented in individual resource sections, the proposed project would have less-than-significant impacts related to land use and planning; therefore, the proposed project would be consistent with the evaluation and determination included in the PEIR, and no new or more significant environmental impacts would occur.

IMPACT LU-2
Due to the relatively small geographical scope of the PEIR, it is anticipated that the increase in proposed vegetation treatments would be unlikely to generate new employment opportunities that could marginally increase population growth in the project area. The proposed project is expected to include less than 10 crew members per treatment area to conduct proposed vegetation treatments over approximately 193.91 acres of parks and open space within the Town of Los Gatos. Therefore, the proposed project would only result in short-term increases in the demand for workers, which is within the scope of the PEIR. The proposed project would not result in a substantial population increase and impacts would be less than significant. Therefore, project-specific impacts would be consistent with the analysis and determination of the PEIR.

NEW LAND USE AND PLANNING, POPULATION AND HOUSING IMPACTS The proposed treatments are consistent with the treatment types and activities covered in the CalVTP PEIR. The project proponent has considered the site-specific characteristics of the proposed treatments and determined they are consistent with the applicable regulatory and environmental conditions presented in the CalVTP PEIR (refer to Section 3.12.1, Regulatory Setting, and Section 3.4.2, Environmental Setting, in Volume II of the Final PEIR). The project proponent has also determined that the inclusion of land in the proposed treatment area that is outside the CalVTP treatable landscape constitutes a change to the geographic extent presented in the PEIR. However, within the boundary of the project area, the existing environmental and regulatory conditions pertinent to land use and planning present in the areas outside the treatable landscape are essentially the same as those within the treatable landscape; therefore, the impacts are the same and, for the reasons described above, impacts of the proposed treatment project are consistent with those covered in the PEIR. No changed circumstances are present, and the inclusion of areas outside of the CalVTP treatable landscape would not give rise to any new significant impact.

Therefore, no new impact related to land use and planning would occur.

ITEM NO. 16.

Los Gatos Open Space Vegetation Management Plan
CalVTP Project-Specific Analysis and Addendum to the PEIR 68 4.12 Noise
Impact in the PEIR Project-Specific Checklist
Environmental Impact
Covered in the PEIR
Identify
Impact
Significance
in the PEIR
Identify
Location of
Impact
Analysis in
the PEIR
Does the
Impact
Apply to
the
Treatment
Project?
List SPRs
Applicable
to the
Treatment
Project1
List MMs
Applicable
to the
Treatment
Project1
Identify
Impact
Significance
for
Treatment
Project
Would This
Be a
Substantially
More Severe
Significant
Impact than
Identified in
the PEIR?
Is This
Impact
Within
the
Scope
of the
PEIR?
Would the project:

Impact NOI-1: Result in
a Substantial ShortTerm Increase in
Exterior Ambient Noise
Levels During
Treatment
Implementation
LTS Impact
NOI-1
pages

3.13-9 to

3.13-12
Appendix
NOI-1
Yes AD-3/
AMM-38
NOI-1
NOI-2/
AMM-39
NOI-3
NOI-4
NOI-5/
AMM-6
NOI-6
NA LTS No Yes
Impact NOI-2: Result in
a Substantial ShortTerm Increase in TruckGenerated Single-Event Noise Levels During
Treatment Activities
LTS Impact
NOI-2
page

3.13-12
Yes NOI-1 NA LTS No Yes
1 NA: not applicable; there are no SPRs and/or MMs identified in the PEIR for this impact.

New Noise Impacts: Would the treatment result in other noise-related impacts that are not evaluated in the CalVTP PEIR?
☐ Yes ☒ No If yes, complete row(s) below and discussion.

Potentially
Significant
Less Than
Significant with
Mitigation
Incorporated
Less than
Significant
☐ ☐ ☐
Discussion
IMPACT NOI-1
Vehicle and equipment use for proposed vegetation treatment activities have the potential to increase ambient noise levels within the vicinity of proposed treatment areas. SPR AD-3 included in the PEIR requires proposed projects to be consistent with local plans, policies, and ordinances. The Town of Los Gatos Code of Ordinances (Section 16.20.035) prohibits construction noise between the hours of 6:00 p.m. and 8:00 a.m. on weekdays and 4:00 p.m. and 9:00 a.m. on Saturdays, and any time on Sundays.

Under AMM-38, included in Section 2, Project Description (see Table 2), proposed vegetation treatments would be limited to the hours in the Noise Ordinance. The Noise chapter on the Town of Los Gatos 2040 General Plan Environment and Sustainability Element (Chapter 8.11) includes policies and