Agenda packet — Los Gatos City Council, February 4, 2025 (part 3 of 9)

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 41 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

13. NOISE
Would the project result in:

Comments:
a. Permanent Noise Increase. As previously noted in the initial study that was included as an appendix to the 2021 draft EIR, operational noise levels associated with the project evaluated in the draft and final EIR (191 units) would be similar or somewhat less than the noise associated with the 205-unit existing development while it was operational. The same would be true of the revised project (211 units) (an additional six senior living units or three percent increase over the existing facility). Since the revised project would only result in a marginal increase in noise over the baseline conditions and the originally proposed project, the revised project would result in no measurable increase in impacts associated with operational noise.

Temporary Noise Increase. As previously noted in the 2021 draft EIR, construction activities, which are anticipated to last approximately 30 months, would result in temporary, short-term noise increases due to the operation of heavy equipment on the project site. The 2021 draft EIR determined that the originally proposed project would result in a less-than-significant impact associated with construction noise with implementation of the construction best management practices, as identified in the Town’s Noise Ordinance (Chapter 16).

New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in applicable
standards of other agencies?
☒ ☐ ☐ ☐
b. Generation of excessive ground-borne vibration or
ground borne noise levels?
☒ ☐ ☐ ☐
c. For a project located within the vicinity of a private airstrip or an airport land-use plan or, where such a
plan has not been adopted, within two miles of a
public airport or public-use airport, expose people
residing or working in the project area to excessive
noise levels?
☒ ☐ ☐ ☐

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 42 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 The revised project has 8,155 gross square feet more floor space (2 percent increase) than the project evaluated in the 2021 draft EIR. With the incorporation of noise ordinance requirements, the construction noise impact resulting from construction of the revised project and other site improvements would remain less than significant. Therefore, the impact was adequately addressed in the draft and final EIR. b. As previously noted in the 2021 draft EIR, operation of construction equipment can cause ground vibrations that diminish in strength with distance from the source. The 2021 draft EIR concluded that the impact was less than significant. The revised project has 8,155 gross square feet more floor space (2 percent increase) than the project evaluated in the 2021 draft EIR. Therefore, construction would take incrementally longer with this added size; however, this incremental increase in floor space in the context of the total gross square footage proposed with the revised project (438,971 total gross square feet) will not result in substantially greater vibration impacts as compared to the originally proposed project. Revised project impacts associated with construction-related ground vibration and vibration noise would remain less than significant. Therefore, the impact was adequately addressed in the draft and final EIR. c. The 2021 draft EIR concluded that the project would not expose people residing or working in the project area to excessive noise levels. The revised project would also not expose residents or workers to excessive noise levels from airport or airstrip operations.

Therefore, the issue was adequately addressed in the draft and final EIR.

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 43 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

14. POPULATION AND HOUSING
Would the project:

Comments:
a. The 2021 draft EIR previously determined that the originally proposed project would not induce substantial unplanned population growth in an area, either directly or indirectly.

The revised project proposes to redevelop the site with a total of 211 independent residential apartments, memory care units, and assisted living units. The revised project, therefore, would only increase the number of senior living residential units by 20 over and increase the number of anticipated residents by 28 over the originally proposed project evaluated in the 2021 draft EIR. The revised project would include an estimated 120 full-time equivalent employees, which is commensurate to the number of employees in the originally proposed project. While the revised project is anticipated to generate an additional 28 residents over existing conditions, the revised project would replace an existing senior community facility with a similar senior community facility (with a total permitted resident unit capacity of 222 units) and would not result in a substantial increase in population compared to the originally proposed project. The revised project would not induce substantial unplanned population growth in an area, either directly or indirectly. Therefore, the impact was adequately addressed in the draft and final EIR. b. As previously noted in the initial study that was included as an appendix to the 2021 draft EIR, the originally proposed project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. The revised project would demolish the existing facility and redevelop the site with a total of 211 independent residential apartments, memory care units, and assisted living units.

While the number of units and residents will be incrementally greater than the originally proposed project, the revised project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.

Therefore, the impact was adequately addressed in the draft and final EIR.

New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of
roads or other infrastructure)?
☒ ☐ ☐ ☐
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
☒ ☐ ☐ ☐

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 44 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

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

Comments:
a-b/e. The 2021 draft concluded that the originally proposed project would result in less-thansignificant impacts associated with the provision of or need for new or physically altered government facilities. This was based on the determination that Town-required public facilities fees would offset the increased demand of public services as a result of the originally proposed project. The revised project would result in an incremental increase in the number of senior residents (by 28 residents) over the originally proposed project evaluated in the 2021 draft EIR. Such an incremental increase in new residents generated by the revised project could result in an incremental increase in adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities such as fire protection, police protection, and other public facilities such as libraries. However, the applicant/project proponent would still be required to pay Townrequired public facilities fees which would offset the increased demand of public services and facilities as a result of the revised project. New public service facilities that would be constructed in the Town would require project-specific environmental analysis and implementation of any necessary projects specific mitigation prior to being considered for approval. Therefore, the impact was adequately addressed in the draft and final EIR. c. Both the originally proposed project and the revised project would be restricted to seniors 62 years and older. Therefore, the revised project would have no impacts on schools and this issue was adequately addressed in the draft and final EIR.

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 45 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 d. Both the originally proposed project and the revised project would not increase the population of the Town, but rather accommodate an aging population. Therefore, the revised project would not result in the need for new or expanded park facilities and this issue was adequately addressed in the draft and final EIR.

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 46 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

16. RECREATION
Comments:
a-b. The initial study that was included as an appendix to the 2021 draft EIR determined that the originally proposed project would not result in the need for new or expanded park facilities. The revised project would result in a 211-unit senior community facility of relatively comparable size to the originally proposed project (191 units). The revised project, like the originally proposed project, would not substantially increase the population of the Town, thereby requiring increased use of neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of recreation facilities would occur or be accelerated. In addition, the revised project would not require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Therefore, this issue was adequately addressed in the draft and final EIR.

New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
☒ ☐ ☐ ☐
b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical effect on the environment?
☒ ☐ ☐ ☐

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 47 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

17. TRANSPORTATION
Would the project:

Comments:

The applicant’s traffic consultant, Kimley-Horn, prepared a memorandum (dated January 26, 2024) to address the revised project and additional trips generated over the originally proposed project. The following discussion utilizes the findings of this memorandum, which updates analysis prepared by Kimley-Horn for the originally proposed project in Los Gatos Meadows – Transportation Analysis memo dated January 25, 2021.
a-b. The updated trip generation memorandum prepared by Kimley-Horn concluded that the increase in trip generation as a result of the increase in proposed senior living units (revised project) is negligible (seven net additional trips with use of the “Devpod” electric shuttle system), and no significant traffic impacts are anticipated to occur due to the revised project. In addition, Kimley-Horn concluded that there would be no change to the transportation operational findings identified in their technical memorandum evaluating the originally proposed project. Therefore, the revised project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities.

In addition, without the autonomous “Devpod” electric shuttle vehicles, the revised project would result in a net increase in 80 vehicle trips per day, which is less than the screening threshold of 110 vehicle trips per day, associated with evaluating vehicle miles traveled (VMT). With the “Devpod” electric shuttle vehicles, the revised project would generate only seven (7) additional daily trips. Under these conditions, the revised project New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
☒ ☐ ☐ ☐
b. Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?
☒ ☐ ☐ ☐
c. Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☒ ☐ ☐ ☐
d. Result in inadequate emergency access? ☒ ☐ ☐ ☐

Page 259 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 48 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 would have a less-than-significant VMT transportation impact. Therefore, the impact was adequately addressed in the draft and final EIR.
c. The revised project proposes the same approximate circulation pattern and plan as the originally proposed project. Access and circulation on the project site would be designed to adhere to the Town of Los Gatos design guidelines and standards and would be subject to approval by the Town of Los Gatos Public Works Department and Santa Clara County Fire Department. This would ensure that the revised project is adequately designed to minimize hazards associated with design. The revised project would not increase hazards due to a design feature or result in inadequate emergency access.

Therefore, the impact was adequately addressed in the draft and final EIR. d. The revised project would, like the originally proposed project, have a dedicated fire access road, located on the western side of the property and wrapping around the entire site with a connection to Broadway, improving fire access to the entire site. Final plans would be reviewed by the Town to ensure that the project adheres to all current California Fire Code requirements. The revised project would not result in inadequate emergency access. Therefore, the impact was adequately addressed in the draft and final EIR.

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 49 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

18. TRIBAL CULTURAL RESOURCES
Would the project:

New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
Comments:
a. (1, 2) The Town of Los Gatos offered consultation with Native American tribes and individuals with geographic associations to the Town of Los Gatos per the requirements of Assembly Bill (AB) 52 during the preparation of the original 2021 draft EIR. Refer to the draft EIR for a discussion of the consultation process. The change in the project description would not affect the results of the consultation process. Therefore, tribal cultural resources associated with the revised project description was adequately addressed in the draft and final EIR. a. Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, or cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value
to a California Native American tribe, and that is:
(1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of
historical resources as defined in Public Resources
code section 5020.1(k), or
☒ ☐ ☐ ☐
(2) A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.
☒ ☐ ☐ ☐

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 50 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

19. UTILITIES AND SERVICE SYSTEMS
Would the project:

Comments:
a. The 2021 draft EIR determined that the originally proposed project would have no impact associated with the relocation or construction of new or expanded water, wastewater treatment, storm water drainage, or construction of new or expanded water, wastewater treatment, storm water drainage, electric power, natural gas, and telecommunications facilities. The project site is currently served by water, wastewater treatment, storm water drainage, electric power, natural gas, and telecommunication facilities. The revised project would result in a 211-unit senior community facility of relatively comparable size to the originally proposed project with the addition of 20 senior living units. The revised project would result in an incremental increase in population compared to the existing facility. Such an incremental increase in population (by 28 New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
☒ ☐ ☐ ☐
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future
development during normal, single-dry and
multiple- dry years?
☒ ☐ ☐ ☐
c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project’s
projected demand in addition to the provider’s
existing commitments?
☒ ☐ ☐ ☐
d. Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
☒ ☐ ☐ ☐
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
☒ ☐ ☐ ☐

Page 262 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 51 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 residents) does not represent a substantial increase over the originally proposed project.

The revised project would not require relocation or construction of new or expanded water, wastewater treatment, storm water drainage, electric power, natural gas, and telecommunication facilities. Therefore, the impact was adequately addressed in the draft and final EIR.
b. The 2021 draft EIR determined that the originally proposed project would result not result in an increase in water supply and would have no impact on the capacity of water supply facilities. Water service to the project is provided by San Jose Water. The revised project proposes to replace the existing 205 units with 211 units, for an increase of six units. It is unknown whether the new 211 units would require more water than was historically used at the facility with 205 units. However, it can be reasonably assumed that due to current water use restrictions and the requirement for low flow water fixtures, the increase in six living units could actually require less than historical water use.

Additionally, in an email dated July 25, 2024 from James Bariteau, Senior Water Services Representative with San Jose Water Company to Mark Falgout with Kimley-Horn, at this time the water company does not foresee any issues with serving the proposed 211 units.

Therefore, the revised project would have sufficient water supplies available to serve the project. And this impact was adequately addressed in the draft and final EIR. c. The 2021 draft EIR determined the proposed project would likely result in a decrease in wastewater demand and therefore, would have no impact on wastewater treatment facilities. The West Valley Sanitation District provides wastewater collection and disposal services for the Town of Los Gatos, including the project site. The West Valley Sanitation District’s collection systems ultimately connect to the San Jose/Santa Clara Regional Wastewater Facility located in Alviso for wastewater treatment and disposal. According to the 2040 general plan EIR, the San Jose/Santa Clara Regional Wastewater Facility has the capacity to treat 167 million gallons per day of wastewater.

The revised project proposes 211 senior living units, thereby resulting in an incremental (10.5 percent) increase in wastewater demand over the originally proposed project evaluated in the 2021 draft EIR, and an increase in only six units (three percent) compared to baseline conditions. The addition of six units to baseline conditions would not require physical improvements to the wastewater treatment facilities. Therefore, the impact was adequately addressed in the draft and final EIR. d-e. The 2021 draft EIR determined the originally proposed project would not result in an increase in solid waste generation and would not exceed landfill capacity. Further, the originally proposed project would be required to comply with federal, state, and local statutes and regulations related to solid waste and no physical improvements would be necessary to serve the originally proposed project.

The revised project proposes to redevelop the site with a total of 211 independent residential apartments, memory care units, and assisted living units (a 10.5 percent increase over the originally proposed project), and an increase in only six units (three percent) compared to baseline conditions. This represents an incremental increase in the

Page 263 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 52 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 solid waste generation over the originally proposed project. The communities of Los Gatos, Monte Sereno, Saratoga, and Campbell are part of the West Valley Solid Waste Management Authority, a Joint Powers Authority (JPA) The JPA is the exclusive recycling, green waste and garbage hauler for the Town of Los Gatos. The JPA currently contracts with a private franchise, West Valley Collection and Recycling (WVCR) to provide residential and commercial waste collection and recycling services to member jurisdictions. All recycling, green waste and garbage are picked up by WVCR and transported directly to the Guadalupe Landfill. The Town of Los Gatos between the years 2014 and 2017 generated approximately 24,978 tons of solid waste per year. Solid waste is disposed of at the Guadalupe Landfill. The Guadalupe Landfill is a Class II solid waste landfill permitted to accept 3,650 tons of material daily and is projected to reach capacity in 2043. The landfill has a cease operation date of December 31, 2043 (Cal Recycle 2024).

Therefore, the revised project would not result in a substantial increase in solid waste generation and would not exceed the landfill capacity. Further, the revised project would be required to comply with federal, state, and local statutes and regulations related to solid waste. No physical improvements would be necessary to serve the revised project.

Therefore, the impact was adequately addressed in the draft and final EIR.

Page 264 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 53 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

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

Comments:
a-d. The 2021 draft EIR identified two potential wildfire hazard impacts associated with the originally proposed project including short-term construction-related traffic activity impairing an adopted emergency response plan (Impact 12-1) and exposing people or structures to significant risks as a result of runoff, post-fire slope instability, or drainage changes (Impact 12-4). These potentially significant wildfire impacts were determined to be less-than-significant with implementation of mitigation measures (12-1 and geology and soils mitigation measures 13-1 and 13-2).

The revised project has been compared and analyzed with the original building plans by EMC Planning Group staff. In addition, EMC Planning Group staff have reviewed updated fire hazard mapping found in the 2040 general plan/general plan EIR and recently updated (as of April 2024) California Department of Forestry and Fire Protection (CAL FIRE) Fire Hazard Severity Zone Maps for the State Responsibility Area (SRA). The project is still entirely located within the Local Responsibility Area (LRA) (note: LRA fire severity hazard maps have not been updated as of July 2024).

New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?
☒ ☐ ☐ ☐
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of wildfire?
☒ ☐ ☐ ☐
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
☒ ☐ ☐ ☐
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☒ ☐ ☐ ☐

Page 265 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 54 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 However, the project site is still immediately adjacent to a CAL FIRE-designated “Very High Fire Hazard Severity Zone” within the SRA as previously identified in the 2021 draft EIR.

All changes to the plans are deemed minimal with regard to potential wildfire impacts.

Therefore, the 2021 draft EIR analysis and impact determinations remain valid and adequate for purposes of mitigating wildfire impacts associated with the revised project.

Page 266 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 55 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024

21. MANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. As discussed in Section 4.0, Biological Resources, of this modified checklist, the revised project has the potential to have a substantial adverse effect through plant and wildlife habitat modifications. All of these potentially significant biological impacts were determined to be less than significant with implementation of biological mitigation measures (7-2, 7-3, 7-4, 7-5a, 7-5b, 7-6, and 7-8) as identified in the 2021 draft EIR.

Therefore, this impact was adequately addressed in the draft and final EIR.

As discussed in Section 5.0, Cultural Resources, of this modified checklist, the project site is not known to contain any significant historic resources, unique archaeological resources, or Native American human remains. However, it is possible that these resources could be accidentally uncovered during grading and construction-related activities associated with the revised project. As the revised project does not substantial increase or alter the originally proposed project’s development footprint, implementation of the Town’s standard condition of approval noted in 2021 draft EIR is still adequate to address potential impacts associated with the disturbance of human remains during New Impacts?
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Does the project have the potential to substantially degrade the quality of the environment; substantially
reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below selfsustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or
restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major
periods of California history or prehistory?
☒ ☐ ☐ ☐
b. Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)
☒ ☐ ☐ ☐
c. Does the project have environmental effects, which
will cause substantial adverse effects on human beings, either directly or indirectly?
☒ ☐ ☐ ☐

Page 267 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 56 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 construction and grading. Therefore, this impact was adequately addressed in the draft and final EIR.
b. The 2021 draft EIR determined that the originally proposed project had the potential to result in cumulatively considerable impacts in the areas of: aesthetics; air quality; biological resources; cultural, paleontological, and tribal cultural resources; energy; geology and soils; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; noise; and wildfire hazards. All of these potentially significant cumulative impacts were determined to be less than cumulatively considerable with implementation of either mitigation measures, implementation of general plan goals, policies, or actions, and/or Town standard conditions of approval. The revised project has been determined to be adequately addressed in the draft and final EIR in terms of potential increases in or new environmental effects as a result of the revised project.

Therefore, potential cumulative impacts associated with the revised project were adequately addressed in the draft and final EIR and would not be cumulatively considerable.
c. The 2021 draft EIR determined that the originally proposed project had the potential to result in adverse environmental effects that could cause substantial adverse effects on human beings from the following: demolition of existing buildings that results in the release of lead-based paint and asbestos into the air and mechanical and construction noise at nearby sensitive receptors that exceed noise thresholds. Each of these potential impacts were reduced to a less-than-significant level through implementation of mitigation measures or Town standard conditions of approval. The revised project has been determined to be adequately addressed in the draft and final EIR in terms of potential increases in or new air quality and noise impacts as a result of the revised project. Therefore, potential environmental effects, which could cause substantial adverse effects on human beings, associated with the revised project were adequately addressed in the draft and final EIR.

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ITEM NO. 9.

Section D Evaluation of Environmental Impacts 57 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community July 2024 E. SOURCES
California Department of Forestry and Fire Protection (CAL FIRE). April 1, 2024. “Fire Hazard Severity Zones” website. Accessed June 27, 2024. https://osfm.fire.ca.gov/what-wedo/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones California Department of Toxic Substances Control (DTSC). 2024. EnviroStor website. Accessed June 20, 2024. https://www.envirostor.dtsc.ca.gov/public/ California Department of Resources Recycling and Recovery (CalRecycle). 2024. SWIS Facility/Site Summary - Guadalupe Sanitary Landfill (43-AN-0015). Accessed July 25, 2024. https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/3399 Bariteau, James R., Senior Water Services Representative, San Jose Water Company. E-mail message to Kimley-Horn, subject: 110 Wood Rd, Los Gatos, CA, dated 25 July 2024.

Bay Area Air Quality Management District. 2017. 2017 Clean Air Plan: Spare the Air, Cool the Climate. April 19, 2017. http://www.baaqmd.gov/~/media/files/planning-andresearch/plans/2017-clean-air-plan/attachment-a_-proposed-final-cap-vol-1- pdf.pdf?la=en
———. Bay Area Air Quality Management District. 2022. CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans. April 2022. https://www.baaqmd.gov/plans-and-climate/california-environmental-quality-actceqa/updated-ceqa-guidelines Federal Emergency Management Agency (FEMA). 2024. FEMA Flood Map Service Center.

Accessed June 24, 2024. https://msc.fema.gov/portal/home Google Earth. 2024.

Kimley-Horn. January 26, 2024. Memorandum Re: Los Gatos Meadows – Trip Generation Update.

Perkins Eastman. March 1, 2024. Los Gatos Meadows Planning Submittal (Project Plans). San Francisco, CA.

Rockwood, Frank. Email message to Town staff, 8 September 2024.

Rockwood Pacific. March 1, 2024. RE: Letter of Justification, Rebuild of Los Gatos Meadows. Orinda, CA.

Santa Clara Valley Water District (Valley Water). November 2021. 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins. Accessed June 27, 2024. https://www.valleywater.org/your-water/where-your-watercomes/groundwater/sustainable

Page 269 ends

ITEM NO. 9.

Section D Evaluation of Environmental Impacts 58 EMC Planning Group 110 Wood Road – Los Gatos Meadows Senior Living Community September 2024 Town of Los Gatos. May 14, 2021. 110 Wood Road – Los Gatos Meadows Senior Living Community (Planned Development Application PD-20-001; SCH# 2021020007) Draft EIR. Los Gatos, CA.
———. July 2021. Town of Los Gatos 2040 General Plan Draft Environmental Impact Report. Accessed June 27, 2024. https://losgatos2040.com/documents
———. August 26, 2021. 110 Wood Road – Los Gatos Meadows Senior Living Community (Planned Development Application PD-20-001; SCH# 2021020007) Final EIR. Los Gatos, CA. ———. November 2021. Town of Los Gatos 2040 General Plan Revised Sections of Draft Environmental Impact Report. Accessed June 27, 2024. https://losgatos2040.com/documents ———. June 30, 2022. Town of Los Gatos 2040 General Plan. Accessed June 27, 2024. https://www.losgatosca.gov/DocumentCenter/View/31990/_LGGP_2040_Full-Book ———. June 2022. Town of Los Gatos 2040 General Plan Final Environmental Impact Report SCH# 2020070175. Accessed June 27, 2024. https://losgatos2040.com/documents

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ITEM NO. 9.

PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Community Development Director, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 04/05/2022
ITEM NO: 16
DATE: March 31, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Requesting Approval of a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. Located at 110 Wood Road. APN 510-47-038. Planned Development Application PD-20-001 and Environmental Impact Report EIR-21-002. APPLICANT: Rockwood Pacific.

PROPERTY OWNER: Covia Communities.

RECOMMENDATION:

It is recommended that the Town Council accept the Planning Commission’s recommendation and deny the Planned Development (PD) application for construction of a senior living community, removal of large protected trees, and site improvements requiring a grading permit on property Zoned R:PD located at 110 Wood Road.

BACKGROUND:

The subject site is approximately 10.84 acres consisting of two underlying parcels at the intersection of Wood Road and South Santa Cruz Avenue (Attachment 5, Exhibit 3). The site has been occupied by the Los Gatos Meadows since 1971, a senior living development approved under a PD ordinance in 1968.

On April 9, 2008, the Conceptual Development Advisory Committee (CDAC) reviewed a preliminary proposal for redevelopment of the subject property. The staff report and minutes of the CDAC meeting are attached as Attachment 5, Exhibits 6 and 7.

In February 2019, the Los Gatos Meadows facility initiated a month’s long closure and transition process to relocate all residents. By September 2019, the facility was vacant. While the property owner, Covia Communities, has completed the closure process, the property continues to be staffed to provide on-going maintenance and to ensure security of the property.

EXHIBIT 7 Page 271 Page 451
ITEM NO. 9.

PAGE 2 OF 7
SUBJECT: 110 Wood Road/ PD-20-001 AND EIR-21-002
DATE: March 31, 2022
BACKGROUND (continued):

On February 12, 2020, an application was filed by Frank Rockwood of Rockwood Pacific requesting a new PD zoning for the property for the purpose of building a new senior living community (Attachment 5, Exhibit 15). The existing zoning is Residential, Planned Development (R:PD) and the General Plan Land Use designation is Medium Density Residential.

A Draft Environmental Impact Report (EIR) for the project was prepared and circulated for a 45- day public review period from May 28, 2021, through July 12, 2021 (Attachment 5, Exhibit 1).

The Final EIR, which includes the Response to Comments, was distributed on September 3, 2021 (Attachment 5, Exhibit 2).

On January 12, 2022, the Planning Commission considered the application (Attachment 5, Exhibits 5 through 8) and forwarded a recommendation of denial to the Council based on several concerns identified in the Discussion section of this report.

Additionally, the Planning Commission voted not to certify the Final EIR because it is based on a project that the Planning Commission found to be inappropriate, and environmental review is not required for denial of a project.

Should the Town Council choose an alternative action to certify the Final EIR and approve the PD ordinance, future required approvals include an Architecture and Site application, Certificate of Lot Merger, Building Permits, a Grading Permit, and a Tree Removal Permit.

DISCUSSION:

A. Project Summary
The applicant is proposing a new PD to allow for the demolition of all existing buildings, construction of a new senior living community, removal of large protected trees, and site improvements requiring a Grading Permit (Attachment 5, Exhibit 15). The senior living community would operate as a Continuing Care Retirement Community (CCRC) and would be licensed as a Residential Care Facility for the Elderly (RCFE) under the California Department of Social Services. The project would be restricted to persons aged 62 and older, providing 24/7 assisted living services to the residents. The senior living community would provide coordinated health care services, including 17 supporting care units. These proposed services would be similar to the uses offered in the previous community that closed in 2019.

Approval of the PD application would establish the regulations through an ordinance (which would include the development plans) under which the following actions would be allowed:

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ITEM NO. 9.

PAGE 3 OF 7
SUBJECT: 110 Wood Road/ PD-20-001 AND EIR-21-002
DATE: March 31, 2022
DISCUSSION (continued):
• Demolition of all existing buildings on the site;
• Construction of a new senior living community;
• Removal of 192 trees, including 8 large protected trees; and • Site improvements requiring a Grading Permit.

A comparison of the existing and proposed PD conditions is provided in the table below.

Comparison of Planned Development Conditions
Original 1968 PD Proposed PD
Site Coverage 24.6 percent 22.5 percent
Total Number of
Independent Living Units
184 174
Total Units Permitted 222 191
Open Space 75.4 percent 77.5 percent
Building Setbacks from
Property Line
Front: 20 feet
Side: 15 ft and 27 feet
Rear: 15 feet
Front: 34.83 feet
Side: 40.83 feet and 60 feet
Rear: 32.92 feet
Parking 111 spaces 78 standard spaces
122 tandem spaces
Height Predominantly 2-story with
some basement or below
grade space for infirmary,
parking, storage, and
mechanical. Heights vary
between 30’-9” and 55’-2”±.
3-5 stories with below grade
space for parking, storage,
and mechanical. Heights
vary between 59’-0” and 85’-
6”±.

A full discussion and analysis of the application is provided in the January 12, 2021, staff report to the Planning Commission (Attachment 5).

B. Planning Commission
On January 12, 2022, the Planning Commission considered the application and received public comment (Attachments 5 through 7). Verbatim minutes are included as DISCUSSION (continued):

Attachment 8. Following discussion, the Planning Commission recommended denial of the application based on the following concerns:

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ITEM NO. 9.

PAGE 4 OF 7
SUBJECT: 110 Wood Road/ PD-20-001 AND EIR-21-002
DATE: March 31, 2022
DISCUSSION (continued):
• Building heights;
• Tree removal;
• Lack of diversity in housing types;
• Concentration of luxury housing units; and
• Ratio of the number of units (fewer than existing) to the overall height (greater than existing).

C. Applicant response to Planning Commission
Following the January 12, 2022 Planning Commission hearing, the applicant submitted a letter responding to the Planning Commission discussion and recommendation (Attachment 9). In this letter, the applicant requests the opportunity to return to the Planning Commission to address the concerns. The letter provides the Council with a summary of the applicant’s response to the Planning Commission’s concerns, which includes:
• Reducing the height and massing of Villas A and C;
• Reducing the number of two-bedroom/den units and increasing the number of onebedroom/den units and one-bedroom units; • Reducing excavation and net off-haul quantities;
• Designating seven below market rate units; and
• Expanding on the discussion of the need for the proposed tree removal.

D. Environmental Review
An EIR was prepared for the project. As part of the environmental review process, a number of technical reports were prepared, including: species lists and database reviews; tree evaluations and arborist reports; geotechnical investigations; and traffic analyses.

Reports that were prepared by outside consultants were peer reviewed by Town consultants.

The Notice of Preparation (NOP) was distributed on February 1, 2021, for a 30-day comment period. Comments received on the NOP are included as Appendix A to the Draft EIR (Attachment 1).

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ITEM NO. 9.

PAGE 5 OF 7
SUBJECT: 110 Wood Road/ PD-20-001 AND EIR-21-002
DATE: March 31, 2022
DISCUSSION (continued):

The Notice of Completion and Availability for review of the Draft EIR was released on May 28, 2021, with the 45-day public review period ending on July 12, 2021. On June 23, 2021, the Planning Commission held a public hearing to accept comments on the Draft EIR. No comments were received at this meeting. Written comments on the Draft EIR were received from the applicant, one public agency, and three individuals. The Final EIR, with Response to Comments, was completed in August 2021 (Attachment 2).

Through the Initial Study/EIR process, no significant and unavoidable impacts were identified. All identified significant impacts that would result from the project can be mitigated to a less-than-significant level through implementation of the Mitigation Monitoring and Reporting Program (MMRP) that has been prepared for the project as required by CEQA (Attachment 2). The MMRP includes a list of all mitigation measures and the Town Department(s) responsible for ensuring that the mitigation measures are properly implemented. All mitigation measures are included as performance standards within the draft PD Ordinance (Attachment 4).

On January 12, 2022, The Planning Commission voted not to certify the Final EIR because it is based on a project that the Planning Commission found to be inappropriate.

Environmental review is not required for denial of a project.

PUBLIC COMMENTS:

Story poles and signage have been maintained on the site since the noticing for the January 12, 2022, Planning Commission meeting. Written notice of the Town Council hearing was sent to property owners and tenants within 300 feet of the subject property. Public comments received after the preparation of the Planning Commission Desk Item Report, between 11:01 a.m., Wednesday, January 12, 2022, and 11:00 a.m., Thursday, March 31, 2022, are included as Attachment 11.

CONCLUSION:

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ITEM NO. 9.

PAGE 6 OF 7
SUBJECT: 110 Wood Road/ PD-20-001 AND EIR-21-002
DATE: March 31, 2022
CONCLUSION (continued):
maintain the R:PD zoning of the property and the new PD would provide new performance standards for the project. The project complies with the General Plan, the Planned Development requirements in the Town Code, Hillside Specific Plan.

B. Recommendation
The Planning Commission recommended denial of the application based on concerns discussed above and to not certify the Final EIR because it is based on a project that the Planning Commission found to be inappropriate. Therefore, it is recommended that the Town Council accept the Planning Commission’s recommendation and deny the application.

C. Alternatives
Alternatively, the Town Council may:

1. Certify the Final EIR and approve the PD application by taking the following actions:
a. Adopt a resolution to certify the Final EIR, make the CEQA Findings of Fact (Attachment 4, Exhibit A), and adopt the Mitigation Monitoring and Reporting Program (Attachment 4, Exhibit B);
b. Make the required finding that the zone change is internally consistent with the General Plan and its elements, and other required findings (Attachment 3) and approve the application (PD-20-001) subject to the performance standards and development plans (Attachment 10, Exhibit B), or as otherwise modified by the Town Council;
c. Waive the reading of the Ordinance and ask the Town Clerk to read the title of the proposed Ordinance; and
d. Introduce the Ordinance effecting the zone change; or

2. Continue the PD application to a date certain with specific direction; or

3. Remand the PD application to the Planning Commission with specific direction.

COORDINATION:

The Community Development Department coordinated with the Town Attorney’s Office, Parks and Public Works Department, and the Santa Clara County Fire Department in the review of the project.

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ITEM NO. 9.

PAGE 7 OF 7
SUBJECT: 110 Wood Road/ PD-20-001 AND EIR-21-002
DATE: March 31, 2022
ATTACHMENTS:

Attachments previously received under separate cover:

1. May 2021 Draft Environmental Impact Report (available online at www.losgatosca.gov/110WoodRoad)

2. August 2021 Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (available online at www.losgatosca.gov/110WoodRoad) Attachments received with this Staff Report:

3. Required Findings

4. Draft Resolution to certify the Final EIR, make the required CEQA Findings of Fact (included as Exhibit A), and adopt the Mitigation Monitoring and Reporting Program (included as Exhibit B)

5. January 12, 2022 Planning Commission Staff Report (with Exhibits 3-14)

6. January 12, 2022 Planning Commission Addendum Report (with Exhibits 16-17)

7. January 12, 2022 Planning Commission Desk Item Report (with Exhibit 18-19)

8. January 12, 2022 Planning Commission Verbatim Minutes

9. Letter from the Applicant, dated March 17, 2022

10. Planned Development Ordinance with Exhibit A Rezone Area and Exhibit B Development Plans, July 27, 2021

11. Public Comments received between 11:01 a.m., January 12, 2022, and 11:00 a.m., March 31, 2022

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ITEM NO. 9.

TOWN COUNCIL – April 5, 2022
REQUIRED FINDINGS FOR:
110 Wood Road
Planned Development Application PD-20-001
Environmental Impact Report EIR-21-002
Requesting Approval of a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. APN 510-47-038.

APPLICANT: Rockwood Pacific.

PROPERTY OWNER: Covia Communities.

FINDINGS
Required finding for CEQA:
■ An Environmental Impact Report (EIR) was prepared for the proposed development. The Town Council make the CEQA Findings of Fact, certify the Final EIR, and adopt the Mitigation Monitoring and Reporting Program.

Required consistency with the Town’s General Plan:
■ That the proposed Zone Change is consistent with the General Plan and its Elements in that the proposed development provides much needed senior housing and continuing care services to the Town.

Compliance with Hillside Specific Plan:
■ The project is in compliance with the Hillside Specific Plan in that the site has served as a senior living facility since 1971 and would continue to do so under the proposed PD. The project includes modernization of the facility, circulation system, and safety characteristics; an increase in the open space area; and would include a similar number of living units, staff levels, and traffic generation. The proposal is consistent with the development criteria included in the plan.

Required finding for the adoption of a Planned Development Ordinance:
■ As required by Section 29.80.095 of the Town Code for adoption of a Planned Development Ordinance:

1. The proposed Planned Development complies with Chapter 29, Article VIII, Division 2 of the Town Code.

2. The proposed Planned Development is consistent with the General Plan in that the development provides much needed senior housing and continuing care services to the Town.

ATTACHMENT 3

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ITEM NO. 9.

3. The proposed Planned Development is consistent with the Hillside Specific Plan in that the project includes: modernization of the existing facility, circulation system, and safety characteristics; an increase in the open space area; and would include a similar number of living units, staff levels, and traffic generation to the existing facility.

4. The proposal is consistent with the development criteria included in the plan. The Planned Development Ordinance provides a public benefit to the Town by providing much needed senior housing and continuing care services.

N:\DEV\FINDINGS\2022\WOOD ROAD, 110 - 04-05-22 TC.DOCX

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ITEM NO. 9.

RESOLUTION NO.

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND

MAKING CERTAIN FINDINGS REQUIRED BY THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH A ZONE CHANGE FROM R:PD TO R:PD

FOR PROPERTY LOCATED AT
110 WOOD ROAD (APN 510-47-038)
PLANNED DEVELOPMENT: PD-20-001
ENVIRONMENTAL IMPACT REPORT: EIR-21-002
WHEREAS:

A. The applicant, Rockwood Pacific, proposes a Planned Development to rezone the property located at 110 Wood Road from R:PD to R:PD, to allow for the demolition of all existing buildings, construction of a new senior living community, removal of large protected trees, and site improvements requiring a Grading Permit. The project includes a Planned Development application (PD-20-001) and an Environmental Impact Report (EIR-21-002).

B. A Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the Planned Development (PD-20-001) was distributed on February 1, 2021, for a 30-day comment period.

C. A Notice of Completion and Availability for review of the Draft Environmental Impact Report (Draft EIR) was prepared and issued for agency and public review and comment on May 28, 2021, for a 45-day public review period ending on July 12, 2021.

D. On June 23, 2021, the Planning Commission held a duly noticed public hearing to accept comments on the Draft EIR. No comments were received at this meeting. Written comments on the Draft EIR were received from the applicant, one public agency, and three individuals.

E. Pursuant to the California Environmental Quality Act and the implementing Guidelines adopted therefore (CEQA), the Town prepared a Final Environmental Impact Report (Final EIR), incorporating responses to comments on the Draft EIR which was issued in August 2021.

ATTACHMENT 4
Draft Resolution to be
modified by Town
Council deliberations
and direction.

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ITEM NO. 9.

F. The Planning Commission held a duly noticed public hearing on January 12, 2022, at which time the Commission considered the public testimony, the staff report prepared for that meeting (Staff Report), and all other documentation related to the Planned Development and Final EIR, and forwarded a recommendation that the Town Council not certify the Final EIR (EIR-21-002) and deny the Planned Development (PD-20-001).

G. The Town Council held a duly noticed public hearing on April 5, 2022, at which time the Town Council considered the public testimony, the Staff Report, and all other documentation related to the Planned Development and Final EIR and made a motion to certify the Final EIR.

H. The Town Council recognizes the Town’s obligation, pursuant to the Public Resources Code § 21081.6 subdivision (a), to ensure the monitoring of all adopted mitigation measures necessary to substantially lessen or avoid the significant effects of the project. Such monitoring will occur pursuant to the adopted Mitigation Monitoring and Reporting Program.

I. The location and custodian of the documents or other materials which constitute the record of proceedings upon which the Town Council’s decision is based is in the office of the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030.

NOW, THEREFORE, BE IT RESOLVED:

A. That the Town Council hereby certifies the Final EIR, adopts the CEQA Findings of Fact attached hereto as Exhibit A, and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B. In certifying the Final EIR, the Town Council specifically finds that:

1. The document has been completed in compliance with CEQA;

2. The document was presented to the Town Council as the decision-making body of the lead agency, and as such, the Council has reviewed and considered the information contained therein; and

3. The Final EIR reflects the Town’s independent judgment and analysis.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of April, 2022, by the following vote:

COUNCIL MEMBERS:

Page 282 ends

ITEM NO. 9.

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS
GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:

CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
N:\DEV\RESOS\2022\Wood Road, 110 RESO 04-05-22.docx

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ITEM NO. 9.

D R A F T

CEQA FINDINGS OF FACT
for
110 Wood Road – Los Gatos Meadows Senior
Living Community
Planned Development Application PD-20-001
SCH # 2021020007

Town Council
Town of Los Gatos
October 2021

EXHIBIT A

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR ii Draft – October 2021

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 iii

CONTENTS
I. INTRODUCTION................................................................................................. 1 II. ENVIRONMENTAL REVIEW PROCESS ........................................................... 1 III. PROJECT DESCRIPTION.................................................................................. 3 A. Project Location and Current Use......................................................................... 3 B. Project Objectives................................................................................................. 3 C. Project Characteristics.......................................................................................... 3 IV. SIGNIFICANT EFFECTS AND MITIGATION MEASURES ................................ 3 A. Air Quality ............................................................................................................. 4 B. Biological Resources ............................................................................................ 6 C. Cultural Resources ............................................................................................. 12 D. Geology and Soils .............................................................................................. 13 E. Hazards and Hazardous Materials ..................................................................... 14 F. Wildfire Hazards ................................................................................................. 15 V. PROJECT ALTERNATIVES............................................................................. 16 A. Alternative 1: No Project Alternative – Existing (Closed) Senior Living Community.................................................................................... 17 B. Alternative 2: No Project - Residential Project Consistent with the Project Site’s General Plan Land Use Designation ............................................ 17 C. Alternative 3: Reduced Scale - Removal of Villas B and C from Proposed Site Plan............................................................................................. 17 D. Environmentally Superior Alternative.................................................................. 18 VI. MITIGATION MONITORING AND REPORTING PROGRAM .......................... 18 VII. RECORD OF THE PROCEEDINGS ................................................................. 18 VII. SUMMARY........................................................................................................ 19

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR iv Draft – October 2021

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 1
I. INTRODUCTION
The Draft EIR prepared for the 110 Wood Road - Los Gatos Meadows Senior Living Community Project (also referred to as the Project or proposed Project) identified several potentially significant environmental effects that the proposed project may cause. All of these significant effects can be fully avoided through the adoption of feasible mitigation measures. Pursuant to Title 14, California Code of Regulations, Section 15090, the Town Council of Los Gatos (Council) hereby certifies that the Final Environmental Impact Report (Final EIR) for the 110 Wood Road - Los Gatos Meadows Senior Living Community project (proposed Project) has been completed in compliance with the California Environmental Quality Act, Public Resources Code (PRC) Section 21000 et seq. (CEQA), that the Final EIR was presented to the Council, and that the Council has reviewed and considered the information contained in the Final EIR prior to approving the proposed Project, as set forth below. As part of this certification, the Council hereby finds that the Final EIR reflects the independent judgment and analysis of the Council and approves the Final EIR.

II. ENVIRONMENTAL REVIEW PROCESS
CEQA (PRC Section 21000 et seq.) requires state and local government agencies to consider the environmental consequences of projects for which they have discretionary authority. This document, which has been prepared in compliance with the requirements of CEQA and the CEQA Guidelines (California Code of Regulations Title 14 Section 15000 et seq.), sets forth the findings of the Town of Los Gatos (Town), the lead agency under CEQA, regarding the 110 Wood Road – Los Gatos Meadows Senior Living Community project.

The primary source for this document is the Final Environmental Impact Report (Final EIR; SCH #2021020007) for the proposed Project, and the documents that have been incorporated into the Final EIR directly or by reference. Full descriptions of the proposed Project, associated environmental impacts, mitigation measures, Project alternatives, a Mitigation Monitoring and Reporting Program (MMRP) for the proposed Project, and other features required under CEQA are contained in the Final EIR itself.

To determine the scope of the EIR, the Town prepared a Notice of Preparation. On February 4, 2021, the Notice of Preparation (NOP) for the proposed Project were distributed to trustee and responsible agencies, members of the public, other interested parties, and the California Office of Planning and Research, State Clearinghouse. This began the 30-day public review period, which ended on March 8, 2021. These comments were considered during the preparation of the Draft EIR (see below) and are included in their entirety in Appendix A to that document.

The Draft EIR, with an accompanying Notice of Completion (NOC), was circulated to the State Clearinghouse, trustee agencies, responsible agencies, other government agencies, and interested members of the public for a 45-day review period, extending from May 28, 2021 through July 12, 2021. On June 23, 2021, the Town of Los Gatos Planning Commission held a public hearing to receive oral comment on the Draft EIR.

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 2 Draft – October 2021
Comments on the Draft EIR, a list of commenters, and the Town’s responses to comments are contained in the Final EIR, dated August 2021. Pursuant to CEQA Guidelines §15088(b), the Final EIR was made available for review by trustee and responsible agencies that provided written comments on the Draft EIR for a 10-day period from September 3, 2021 through September 13, 2021
The Final EIR for the Project consists of the following:

A. Draft Environmental Impact Report (“Draft EIR”), issued May 28, 2021; B. All appendices to the Draft EIR;
C. Final EIR, dated August 2021, containing all written comments and responses on the Draft EIR, refinements and clarifications to the Draft EIR, the MMRP, and technical appendices;
D. All of the comments and staff responses entered into the record orally and in writing, as well as accompanying technical memoranda or evidence entered into the record.

The Final EIR did not provide any significant new information regarding proposed Project or cumulative impacts or mitigation measures beyond that contained in the Draft EIR.

In conformance with CEQA, the Town has taken the following actions in relation to the EIR:

A. On January 12, 2022, the Planning Commission conducted a duly and properly noticed public hearing on the Project and the EIR, and recommended that the Town Council certify the EIR and approve the redevelopment of the 10.84-acre site with a senior living community that would replace the existing Los Gatos Meadows senior living community. The project would include 174 independent residential apartments plus 17 supporting care units. The project, a Continuing Care Retirement Community (CCRC), would be licensed as a Residential Care Facility for the Elderly (RCFE) under the California Department of Social Services. The project would be restricted to persons age 62 and older and would provide 24/7 assisted living services to the residents. The project would provide coordinated health care services, including 17 supporting care units. These proposed services would be similar to the use offered in the previous community.

B. On April 5, 2022, at a duly and properly noticed public hearing, the Town Council certified the EIR and adopted findings, Mitigation Monitoring and Reporting Program related to the Planned Development application filed by the applicant requesting a “Planned Development” overlay be applied to the site’s existing “Residential Planned Development” zoning designation.

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 3
III. PROJECT DESCRIPTION
A. Project Location and Current Use
The project site is located at 110 Wood Road in the Town of Los Gatos. The property is accessed directly off Wood Road (via South Santa Cruz Avenue). The project site’s Assessor’s parcel number is 510-47-038, and is generally located between single family residences along Broadway to the northeast and Wood Road to the south. The site is zoned “Residential Planned Development (R:PD)” and has a General Plan land use designation of Medium Density Residential. The General Plan land use designation of Medium Density Residential allows for a maximum density of 12 dwelling units per acre. A senior living community has been operating on the site since 1971 with 10 residential buildings and other support facilities and amenities. The site has three access points: two from the south off of Wood Road and one from the north via a driveway (referred to as Farwell Lane) connecting with Broadway. The facility has been closed since February 2019, after a rigorous facilities assessment concluded that continuing operations of the facility in its present form presented too great a risk to its residents. Although the facility has completed the closure process, the facility continues to be staffed to provide on-going maintenance and security of the property.

B. Project Objectives
The objective of the proposed project is to approve a new/updated Planned Development (PD) to rebuild a state-of-the art senior living community on a 10.84-acre site consistent with the Town of Los Gatos 2020 General Plan, Town of Los Gatos zoning code and in the spirit of the Town of Los Gatos Hillside Design Standards and Guidelines.

C. Project Characteristics
The Project applicant is requesting approval of the following:
 Planned Development (PD) Overlay permit (PD-20-001)
A Planned Development application has been filed by the applicant requesting a “Planned Development” overlay be applied to the site’s existing “Residential Planned Development” zoning designation. A subsequent Architecture and Site application will be required if the Planned Development application is approved by the Town Council. In accordance with Town Code Section 29.20.140(d), the Architecture and Site approval is required for purposes of approving the development plan for the new senior living community to ensure conformance with Town regulations related to the height, width, shape, proportion, siting, exterior construction and design of buildings and to ensure that they are architecturally compatible with their surroundings.

IV. SIGNIFICANT EFFECTS AND MITIGATION MEASURES
The Final EIR analyzed proposed Project impacts in the following six environmental topic areas: Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Wildfire Hazards. With implementation of proposed Project-specific

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 4 Draft – October 2021
mitigation measures, potentially significant impacts would be reduced to less than significant impacts.

The following discussion elaborates on potentially significant impacts identified in the 110 Wood Road – Los Gatos Meadows Senior Living Community Final EIR and mitigation measures proposed for those impacts.

A. Air Quality

1. Potentially Significant Impacts Reduced to Less Than Significant Levels Impact 6-5: Construction Activity Would Expose Sensitive Receptors to Toxic Air Contaminants
Sensitive receptors within 1,000 feet of construction activities would be exposed to construction TAC emissions volumes that exceed the air district significance thresholds for infant/child cancer risks and PM2.5 concentrations. These are significant impacts.

Implementation of the following Mitigation Measures would reduce the impact to a less-thansignificant level.

Mitigation Measures:

Mitigation Measure 6-5a During construction, the project contractor shall implement the following measures to reduce emissions of fugitive dust and engine exhaust DPM, subject to review and approval by the Community Development Director. These measures shall be included in the project plans, prior to issuance of a demolition permit:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three (3) times per day and at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe;
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
c. Avoid tracking visible soil material on to public roadways by employing the following measures if necessary: (1) Site accesses to a distance of 100 feet from public paved roads shall be treated with a 6 to 12-inch compacted layer of wood chips, mulch, or gravel and (2) washing truck tires and construction equipment prior to leaving the site;
d. 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;
e. All vehicle speeds on unpaved roads shall be limited to five (5) mph; f. 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;
g. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 5
airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
h. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph and visible dust extends beyond site boundaries;
j. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction adjacent to sensitive receptors. Wind breaks should have no greater than 50 percent air porosity;
k. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established;
l. The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time; and m. Post a publicly visible sign with the telephone number and person to contact at the Town of Los Gatos 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.

Mitigation Measure 6-5b Prior to the issuance of the demolition permit, the project developer shall prepare, and the project contractor shall implement, a demolition and construction emissions avoidance and reduction plan demonstrating a 78 percent reduction of DPM emissions and a 60 percent reduction of PM2.5 exposures at the MEI to meet the air district’s risk thresholds.

The plan shall be prepared prior to the issuance of a demolition permit and shall be reviewed and approved by the Community Development Director. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure. The plan shall include the following measures:
a. All mobile diesel-powered off-road equipment operating on-site for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier III engines or better. Prior to the issuance of any demolition permits, the project applicant shall submit specifications of the equipment to be used during construction and confirmation this requirement is met;
b. Use alternatively fueled equipment or equipment with zero emissions (i.e., aerial lifts, forklifts, and air compressors, etc., shall be either electrified or fueled by liquefied natural gas/propane);
c. Provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment, such as generators; and d. Other demonstrable measures identified by the developer that reduce emissions and avoid or minimize exposures to the affected sensitive receptors.

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 6 Draft – October 2021
Finding
All of the proposed Project specific environmental impacts on air quality will be reduced to less than significant with the implementation of the proposed mitigation measures.

Mitigation Measures: 6-5a and 6-5b
Changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR.

B. Biological Resources

1. Potentially Significant Impacts Reduced to Less Than Significant Levels Impact 7-2: Potential Effect on Candidate, Sensitive, or Special-Status Species (San Francisco Dusky-Footed Woodrat)
If San Francisco dusky-footed woodrat is present within the 0.3 acres of oak/bay woodland or

5.2 acres of mixed woodland within the proposed project impact area, loss or disturbance of woodrats due to midden removal during construction and fire safety activities would be a significant adverse environmental impact. Implementation of the following mitigation measure would reduce the potential impact to a less-than-significant level.

Mitigation Measure 7-2 Prior to issuance of a grading permit, a qualified biologist shall conduct pre-construction surveys for woodrat middens within the development footprint and fire defensible space. These surveys shall be conducted no more than 15 days prior to the start of construction. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated. All woodrat middens shall be flagged for avoidance of direct construction impacts and fire defensible space where feasible.

If impacts cannot be avoided, woodrat middens shall be dismantled no more than three days prior to construction activities starting at each midden location. All vegetation and duff materials shall be removed from three feet around the midden prior to dismantling so that the occupants do not attempt to rebuild. Middens are to be slowly dismantled by hand in order to allow any occupants to disperse.

Developers shall be responsible for implementation of this mitigation measure with oversight by the Town of Los Gatos. Compliance with this measure shall be documented by a qualified biologist and submitted to the Town, prior to issuance of a demolition and grading permit.

Impact 7-3. Potential Effect on Candidate, Sensitive, or Special-Status Species (Pallid Bat, Townsend’s Big-Eared Bat)
Potential habitat for pallid bat and Townsend’s big-eared bat occurs in mature, hollow trees and around structures present within the project site. If special-status bats are present on the site, tree removal and other construction activities could result in the loss of individual animals. This would be a significant adverse environmental impact. Implementation of the

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Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 7
following mitigation measure would reduce the potential impact to a less-than-significant level.

Mitigation Measure 7-3 Within 14 days prior to tree removal or other construction activities such as a demolition, the project developer shall retain a qualified biologist to conduct a habitat assessment for bats and potential roosting sites in trees to be removed, within structures proposed for demolition, and in trees and structures within 50 feet of the development footprint. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within and 50 feet around the project site. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked. Locations off the site to which access is not available may be surveyed from within the site or from public areas.

If no roosting sites or bats are found, a letter report confirming absence shall be submitted by the biologist to the Town of Los Gatos prior to issuance of tree removal and demolition permits and no further mitigation is required.

If bats or roosting sites are found, a letter report and supplemental documents shall be provided by the biologist to the Town of Los Gatos prior to issuance of tree removal and demolition permits and the following monitoring, exclusion, and habitat replacement measures shall be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they shall be evicted as described under (b) below. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats shall be evicted as described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures within 50 feet of project disturbance activities, the individuals shall be safely evicted, under the direction of a qualified bat biologist. If preconstruction surveys determine that there are bats present in any trees or structures to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 8 Draft – October 2021
season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction. If needed, other removal methods could include:
carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance within 50 feet of any structures shall be conducted no earlier than the following day (i.e., at least one night shall be provided between initial roost eviction disturbance and tree removal/disturbance activities). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.
c. Bat Mitigation and Monitoring Plan. If roosting habitat is identified, a Bat Mitigation and Monitoring plan will be prepared and implemented to mitigate for the loss of roosting habitat. The plan will include information pertaining to the species of bat and location of the roost, compensatory mitigation for permanent impacts, including specific mitigation ratios and a location of the proposed mitigation area, and monitoring to assess bat use of mitigation areas. The plan will be submitted to CDFW for review and approval prior to the bat eviction activities or the removal of roosting habitat.

Developers shall be responsible for implementation of this mitigation measure with oversight by the Town of Los Gatos. Compliance with this measure shall be documented and submitted to the Town, prior to issuance of grading and demolition permits.

Impact 7-4: Potential Effect on Candidate, Sensitive, or Special-Status Species (Nesting Raptors and Migratory Birds)
If nesting birds protected by state and federal regulations are present on or adjacent to the site during construction activities including vegetation removal and site preparation including building demolition, the proposed project may directly result in loss of active nests, or indirectly result in nest abandonment and thereby cause loss of fertile eggs or nestlings. This would be a significant adverse environmental impact. Implementation of the following mitigation measure would reduce the potential impact to a less-than-significant level.

Mitigation Measure 7-4 Prior to issuance of tree removal, demolition, and grading permits, to avoid impacts to nesting birds during the nesting season (January 15 through September 15), construction activities within or adjacent to the project site boundary that include any tree or vegetation removal, demolition, or ground disturbance (such as grading or grubbing) shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If this type of construction occurs during the bird nesting season, then a qualified biologist shall conduct pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project activities.

If project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), or if construction activities are suspended for at least 14 days and recommence during the nesting season, a qualified biologist shall conduct nesting bird surveys.

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 9
a. Two surveys for active bird nests shall occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction.

Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors.

Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. A report documenting survey results and plan for active bird nest avoidance (if needed) shall be completed by the qualified biologist prior to initiation of construction activities. b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active.

Impact 7-5: Effect on Federally- and State-Protected Wetlands or Waters of the U.S. (Intermittent or Ephemeral Drainage)
The Town of Los Gatos General Plan 2020 requires for all development to “protect wetlands and riparian corridors, including intermittent and ephemeral streams.” The on-site drainage feature may also fall under the jurisdiction of the USACE, RWQCB, and/or CDFW. Impacts to jurisdictional wetland and waterway features are considered significant adverse environmental impacts. The following mitigation measures would assure that this potentially significant impact is reduced to less than significant.

Mitigation Measures 7-5a To avoid impacts to a the potentially jurisdictional drainage feature, a minimum 10-foot setback from the drainage shall be maintained during tree removal, demolition, and construction activities. The drainage and setback area shall be shown on all demolition and construction plans.

Mitigation Measure 7-5b If disturbance will occur within ten feet of the drainage, prior to issuance of a grading permit within the project boundary, the applicant shall retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the USACE, RWQCB, and CDFW. If the USACE claims jurisdiction, the applicant shall retain a qualified biologist to obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage features do not qualify for a Nationwide Permit, the applicant shall proceed

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 10 Draft – October 2021
with the qualified biologist in obtaining an Individual Permit from the USACE. The applicant shall then retain a qualified biologist to coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant shall also retain a qualified biologist to coordinate with the CDFW to obtain a Streambed Alteration Agreement.

To compensate for temporary and/or permanent impacts to Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:
 A Wetland Mitigation and Monitoring Plan shall be developed that will outline mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project.

The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process.  To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 mitigation to impact ratio would apply to projects for which mitigation is provided in advance.

Impact 7-6: Damage or Removal of Regulated Trees
The Arborist Report Update re-evaluated the potential impacts to trees as a result of the project as shown on the Planning Submittal Set (10/8/2020) and the Preliminary Drainage Plan (6/30/2020). The disposition of each tree is shown in the exhibit attached to the Arborist Report Update, and summarized in Table 7-3, Trees Planned for Removal and Preservation, below.

Table 7-3 Trees Planned for Removal and Preservation
Protected Large Protected Total
Trees Planned for
Removal
205 8 213
Trees Planned for
Preservation
109 9 118
Source: HortScience | Bartlett Consulting 2020
The proposed project could remove up to 213 regulated trees. This would be a significant potential adverse environmental impact. Implementation of the following mitigation measure would reduce the potential impact to a less-than significant level.

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 11
Mitigation Measure 7-6 Prior to issuance of a tree removal permit and/or a grading permit, developers shall retain a certified arborist to develop a site-specific tree protection plan for retained trees and supervise the implementation of all proposed tree preservation and protection measures during construction activities, including those measures specified in the 2018 project arborist report and 2020 arborist report update (HortScience Bartlett Consulting). Also, in accordance with the Town’s Tree Protection Ordinance, the developer shall obtain a tree removal permit for proposed tree removals on each development lot prior to tree removals and shall install replacement trees in accordance with all mitigation, maintenance, and monitoring requirements specified in the tree removal permit(s) or otherwise required by the Town for project approvals.

Impact 7-8: Effect on Sensitive Natural Communities
Sensitive natural communities potentially present on the site are limited to highly impacted drainage channels and oak woodland. Prior mitigation measures require the developer to determine the extent of potentially regulated drainage channels and regulated trees prior to initiation of ground disturbance or construction activities. To compensate for temporary and/or permanent impacts, mitigation shall be provided as required by regulatory permits.

No additional mitigation measures are necessary.

General Plan policies ENV-1.5 and ENV-1.7 prohibit the use of invasive species listed by the California Invasive Plant Council (Cal-IPC) for all new construction and requires new development to use native plants or other appropriate non-invasive plants to reduce maintenance and irrigation costs and the disturbance of adjacent natural habitat. The spread of invasive species is considered a significant potential impact. The following mitigation measure would assure that this potentially significant impact is reduced to less than significant.

Mitigation Measure 7-8 On-site landscaping shall be limited to drought-tolerant species, fire-resistant species, and species capable of increasing soil stability; with preference to plant species endemic to Santa Clara County. Species from the California Invasive Plant Council’s (Cal-IPC) Invasive Plant Inventory (Cal-IPC 2020) shall be removed if present and not included in any new landscaping.

The plant palette used for on-site landscaping shall be reviewed and approved by the Town of Los Gatos to confirm no invasive species shall be planted. Evidence of compliance shall be submitted to the Town of Los Gatos prior to occupancy of the residential buildings.

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 12 Draft – October 2021
Finding
All of the proposed Project specific environmental impacts related to biological resources will be reduced to less than significant with the implementation of the proposed mitigation measures.

Mitigation Measures: 7-2, 7-3, 7-4, 7-5a, 7-5b, 7-6, and 7-8 Changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR.

C. Cultural Resources

1. Potentially Significant Impacts Reduced to Less Than Significant Levels Impact 8-2: Potential Destruction of a Unique Paleontological Resource or Site During Construction
While it is possible that unknown unique paleontological resources could be uncovered during site preparation and/or other site disturbance activities, implementation of the following mitigation measure would ensure the impact is less than significant.

Mitigation Measure 8-2 The following measure shall be included in project plans, prior to issuance of a demolition permit:

If paleontological resources are uncovered during demolition, grading or other onsite excavation activities, construction shall stop until appropriate mitigation is implemented, to be approved by the Community Development Director.

Finding
All of the proposed Project specific environmental impacts related to cultural resources will be reduced to less than significant with the implementation of the proposed mitigation measures.

Mitigation Measures: 8-2
Changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR.

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 13
D. Geology and Soils

1. Potentially Significant Impacts Reduced to Less Than Significant Levels Impact Geologic impacts associated with fault surface rupture, expansive soils, and land sliding and slope instability.

The geotechnical report noted several potential geologic impacts that are to be addressed through several design recommendations for the proposed project. These recommendations include, but are not limited to, providing a 25-foot setback from a mapped surface trace of a fault along the eastern edge of the property; underlaying the foundation by ground improvement or deepening the foundation to bedrock to avoid soil instability; removing alluvial fan deposits down to bedrock and replacing with engineering fill along the proposed retaining wall along the eastside of Farwell Lane for a minimum of 15 feet; removing and replacing all undocumented fill; and designing for sufficient reinforcement for slabs-on-grade.

Implementation of the following mitigation measures, as articulated in the February 2021 geotechnical peer review conducted by the Town’s geotechnical consultant, would ensure potential geologic impacts are reduced to a less-than-significant level.

Mitigation Measure 13-1 The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the development plans, ground improvement plans, shoring design criteria from a geotechnical perspective, and supporting structural details and calculations (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, etc.,) to ensure that their recommendations have been properly incorporated. The project geotechnical consultant should review and approve appropriate performance testing for proposed ground improvement measures.

The results of the geotechnical plan review should be summarized by the project geotechnical consultant in a letter and submitted to the Town Engineer prior to issuance of building permits.

Mitigation Measures 13-2 The geotechnical consultant shall inspect, test and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to:
 site preparation and grading;
 ground improvement;
 shoring measures and design;
 site surface and subsurface drainage improvements; and  excavations for foundations prior to placement of steel and concrete.

In addition, the project engineering geologist shall inspect opened excavations to confirm bedrock conditions are consistent with those anticipated.

The results of these inspections and the as-built conditions of the project, including ground improvement measures and placement of engineered fill, should be described by the

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 14 Draft – October 2021
geotechnical consultant in a letter and submitted to the Town Engineer for review and approval prior to final (as-built) project approval.

Specialty/design-build consultants and contractors (shoring, ground improvement, etc.) shall also submit construction reports confirming satisfactory construction of the specific aspects of the project that they are responsible for.

Finding
All of the proposed Project specific environmental impacts related to geology and soils will be reduced to less than significant with the implementation of the proposed mitigation measures.

Mitigation Measures: 13-1 and 13-2
Changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR.

E. Hazards and Hazardous Materials

1. Potentially Significant Impacts Reduced to Less Than Significant Levels Impact Hazardous materials impacts associated with exposure or release of asbestos and/or lead-based paint associated with demolition of existing structures.

According to the environmental site assessment, lead-based paint was banned in 1978. The existing senior community was constructed prior to 1978; therefore, lead-based paint may be present in the existing structures on the project site. Lead is a known carcinogen and its release during grading or other ground disturbing activities could pose hazards to public health and safety. This is a potentially significant impact.

Implementation of the following mitigation measure would ensure potential impacts from the release of asbestos and lead-based paint into the environment as a result of demolition activities are reduced to a less-than-significant level.

Mitigation Measure 13-3 The applicant shall consult with Bay Area Air Quality Management District to determine permit requirements. Removal of asbestos-containing building materials is subject to Bay Area Air Quality Management District’s Regulation 11, Rule 2: Asbestos Demolition, Renovation and Manufacturing. Release of lead into the atmosphere is subject to Bay Area Air Quality Management District’s Regulation 11, Rule 1: Lead.

Prior to the commencement of demolition activities on the site, the applicant shall provide evidence of meeting the permitting requirements of the Bay Area Air Quality Management District, to the satisfaction of the Town of Los Gatos Community Development Department.

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 15
Finding
All of the proposed Project specific environmental impacts related to hazards and hazardous materials will be reduced to less than significant with the implementation of the proposed mitigation measures.

Mitigation Measures: 13-3
Changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR.

F. Wildfire Hazards

1. Potentially Significant Impacts Reduced to Less Than Significant Levels Impact 12-1: Short-Term Construction-Related Traffic Activity That Has The Potential to Impair an Adopted Emergency Response Plan or Emergency Evacuation Plan
As noted previously, the Town of Los Gatos has, in conjunction with the County of Santa Clara and several other neighboring cities, an adopted EOP, which comprises, along with the 2017 Santa Clara County Operational Area Hazard Mitigation Plan, the entirety of emergency planning activities that governs emergency response and evacuation on and around the project site. Implementation of the proposed project would not interfere with an adopted emergency response or evacuation plan, but construction activities associated with the proposed project could result in short-term, temporary impacts on street traffic because of roadway improvements and potential extension of construction activities into the right-ofway. This could result in a reduction in the number of lanes or temporary closure of certain roadway segments near the project site. While any such impacts would be limited to the construction period and would affect only adjacent streets or intersections, the impact would be potentially significant. Implementation of the following mitigation measure would reduce this impact to a less-than-significant level.

Mitigation Measure 12-1 In order to adequately address any potential conflicts with emergency access or evacuation routes during construction, the applicant shall prepare and implement a site-specific construction traffic management plan for any construction effort that would require work within existing roadways. The traffic management plan shall be prepared and submitted to the Town prior to issuance of demolition permit(s) and shall be prepared to the satisfaction of Town Public Works and County Fire Department staff.

Impact 12-4: Expose People or Structures to Significant Risks, including Downslope or Downstream Flooding or Landslides, as a Result of Runoff, PostFire Slope Instability, or Drainage Changes.

As noted in Section 13.0, Effects Not Addressed Further in this EIR, the 2007 Draft Preliminary Geologic and Geotechnical Evaluation for Los Gatos Meadows prepared by Cornerstone Earth

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 16 Draft – October 2021
Group (Appendix F of the Draft EIR), the project site and surrounding areas are moderately steep to steep slope with slope inclination up to 40 degrees and noted that portions of the site are located within a State of California Earthquake-Induced Landslide Hazard Zone.

However, the 2020 Geotechnical Investigation and Geologic Hazards Evaluation (geotechnical report) (Appendix F) also prepared by Cornerstone Earth Group, conducted site-specific subsurface explorations which revealed soil characteristics (alluvial fan deposits underlain by shallow bedrock) that would not suggest the existence of previous landslides through the project site. As noted in the geotechnical report, the proposed project would create relatively deep vertical, retained cuts into the terrace that encompass the developed portion of the site.

Localized groundwater seepage may be encountered where the cuts intersect the bedrock surface and installing a network of subdrains and water proofing would address this. The geotechnical report also found the proposed grading plan for the project to be acceptable from a safety standpoint with the exception of a lower slope (below proposed structures) area that may experience a lack of stability with the existing alluvial fan deposit soils there. The geotechnical report recommends removal of these alluvial fan deposits at this location down to bedrock to be replaced by engineered fill. Compliance with this recommendation as incorporated in Mitigation Measures 13-1 and 13-2 found in Section 13.0 of this EIR (under discussion of “Geology and Soils”) would ensure this potentially significant impact would be reduced to a less-than-significant level.

Finding
All of the proposed Project specific environmental impacts related to wildfire hazards will be reduced to less than significant with the implementation of the proposed mitigation measures.

Mitigation Measures: 12-1, 13-1, and 13-2
Changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects as identified in the Final EIR.

V. PROJECT ALTERNATIVES
The Final EIR evaluated three alternatives to the proposed Project. These were evaluated based on their ability to (1) reduce the significant impacts of the proposed Project, and (2) attain proposed Project objectives. As described earlier in this findings document, the Project applicant’s objectives are to approve a new/updated Planned Development (PD) to rebuild a state-of-the art senior living community on a 10.84-acre site consistent with the Town of Los Gatos 2020 General Plan, Town of Los Gatos zoning code and in the spirit of the Town of Los Gatos Hillside Design Standards and Guidelines.

The alternatives evaluated were:

1. Alternative 1: No Project – Existing (Closed) Senior Living Community;

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 17

2. Alternative 2: No Project – Residential Project Consistent with the Project Site’s General Plan Designation; and

3. Alternative 3: Reduced Scale (Removal of Villas B and C from Proposed Site Plan).

A. Alternative 1: No Project Alternative – Existing (Closed) Senior Living Community
This no project alternative investigates if the proposed project were not approved and the existing senior living community facilities were left in place though closed and vacant. The project site is currently developed with 10 residential buildings ranging from one to four stories, which include a total of 205 independent residential apartments and supporting health care units. The existing facility includes a dining and commons building, an infirmary, garage and services building, a multi-purpose building, and two cottages. This alternative does not meet any of the basic project objectives, as it would not allow redevelopment of the project site with a revitalized and enhanced senior living community consistent with the density allowed under the site’s existing PD entitlement.

B. Alternative 2: No Project - Residential Project Consistent with the Project Site’s General Plan Land Use
Designation
This no project alternative investigates what could be reasonably expected to occur on the project site in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. The project site has a General Plan designation of Medium Density Residential. Under this designation, the project site could be developed with a multi-family, duplex, and/or small single-family residential project with a density range of 5 to 12 dwelling units per net acre with up to 24 persons per acre. Conceivably, such a project could include a range of home product types including townhomes, condominiums, and/or apartments. This alternative project considers the site constraints of the 10.84-acre site, much of which is steep, heavily wooded hillside that could not reasonably accommodate residential buildings. To determine a probable number of Medium Density Residential dwelling units that the site could accommodate, this alternative utilizes approximately 50 percent of the total net acreage or approximately 5.42 acres.

Therefore, a Medium Density Residential project with a maximum of 65 units would be possible. Assuming an average of 2.51 persons per household (U.S. Census 2021), such a project would result in 163 new residents, substantially less than the 233 total residents anticipated as part of the proposed project. This alternative does not meet any of the basic project objectives, as it would not allow redevelopment of the project site with a revitalized and enhanced senior living community consistent with the density allowed under the site’s existing PD entitlement.

C. Alternative 3: Reduced Scale - Removal of Villas B and C from Proposed Site Plan
The reduced scale alternative (“reduced scale alternative”) consists of a reduction in development capacity sufficient to avoid or reduce significant, but mitigable, impacts associated with grading and removal of trees required to accommodate Villas B and C and a

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 18 Draft – October 2021
corresponding area of the grade level below on the northwestern corner of the proposed site plan. The reduced scale alternative would reduce the number of living units by 20 units (Villa B) and 29 units (Villa C), for a total reduction of 49 units, and would result in the reduction of approximately 98,374 square feet of floor space in Villas B and C, approximately 26,000 square feet of floor space from the grade level including portions of the health center, and approximately 26,000 square feet of developed area (building footprints). In addition, this alternative could result in removing approximately 62 fewer trees. Removal of Villa B (70.5 feet in height) and Villa C (81.5 feet in height) would also help reduce visual impacts associated with scenic views from downtown Los Gatos towards the project site and scenic hillside areas beyond as these two buildings would be two of the most publicly visible buildings from multiple vantage points.

D. Environmentally Superior Alternative
Based on a comparison of the impacts of each alternative, Alternative 1, the no project alternative is the environmentally superior alternative. It would avoid all of the project’s lessthan-significant impacts, and significant but mitigable impacts. However, this alternative would not meet the project objectives.

CEQA Guidelines section 15126.6(e)(2) states that if the environmentally superior alternative is the “no project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Alternative 3, the Reduced Scale alternative, is considered to be the environmentally superior alternative among the remaining alternatives.

It is the only alternative that could accomplish some of the basic project objectives while minimally reducing some of the less-than-significant and/or significant and mitigable environmental impacts identified for the proposed project.

VI. MITIGATION MONITORING AND REPORTING PROGRAM
The Town Council recognizes that any approval of the proposed Project would require concurrent approval of a Mitigation Monitoring and Reporting Program (MMRP), which ensures performance of identified mitigation measures. Such an MMRP would need to identify the entity responsible for monitoring and implementation, and the timing of such activities. The Town will use the MMRP to track compliance with proposed Project mitigation measures. The MMRP will remain available for public review during the compliance period.

The MMRP is included as part of the Final EIR, and is hereby incorporated by reference.

VII. RECORD OF THE PROCEEDINGS
The documents and other materials that constitute the record of proceedings on which the Council bases the Findings are located at the Community Development Department, 110 East Main Street, Los Gatos, California 95030. The custodian for these documents and materials that constitute the record is the Town of Los Gatos Community Development Department.

This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Title 14 California Code of Regulations (CEQA Guidelines) Section 15091(e).

Page 306 ends

ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 19
The environmental analysis provided in the EIR and these findings are based on and are supported by the following documents, materials and other evidence, which constitute the administrative record for the approval of the Project:

A. All application materials for the Project and supporting documents submitted by the applicant, including but not limited to those materials constituting the Project and listed in Section III of these findings.

B. The NOP, comments received on the NOP and all other public notices issued by the Town in relation to the EIR (e.g., Notice of Availability).

C. The Draft EIR, the Final EIR, all appendices to any part of the EIR, all technical materials cited in any part of the EIR, comment letters, oral testimony, responses to comments, as well as all of the comments and staff responses entered into the record orally and in writing between May 28, 2021 to July 12, 2021.

D. All non-draft and/or non-confidential reports and memoranda prepared by the Town and consultants related to the EIR, its analysis and findings.

E. Minutes and transcripts of the discussions regarding the Project and/or Project components at public hearings or scoping meetings held by the Planning Commission and the Town Council.

G. Staff reports associated with Planning Commission and Council Meetings on the Project and supporting technical memoranda and any letters or other material submitted into the record by any party.

H. Matters of common knowledge to the Planning Commission and Town Council which they consider, such as the Los Gatos General Plan, any other applicable specific plans or other similar plans, and the Los Gatos Municipal Code.

VII. SUMMARY
A. Based on substantial evidence in the foregoing Findings and in the information contained in the record, the Town Council has made the following findings with respect to each of the significant effects of the proposed Project identified in the Final EIR:

1. Changes or alterations have been required in, or incorporated into, the proposed Project which avoid or substantially lessen the significant environmental effect on the environment.

2. Based on the foregoing Findings and the information contained in the record, it is determined that:

Page 307 ends

ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR 20 Draft – October 2021
All significant effects on the environment due to the approval of the proposed Project have been eliminated or substantially lessened where feasible.

Page 308 ends

ITEM NO. 9.
110 Wood Road – Los Gatos Meadows Senior Living Community Final EIR
EMC Planning Group Inc.

Table 5-1 Mitigation Monitoring and Reporting Program
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
Air Quality
Mitigation Measure 6-5a. During construction, the project contractor shall implement the following measures to reduce emissions of fugitive dust and engine exhaust DPM, subject to review and approval by the Community Development Director. These measures shall be included in the project plans, prior to issuance of a demolition permit:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three (3) times per day and at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe;
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered; c. Avoid tracking visible soil material on to public roadways by employing the following measures if necessary: (1) Site accesses to a distance of 100 feet from public paved roads shall be treated with a 6 to 12-inch compacted layer of wood chips, mulch, or gravel and (2) washing truck tires and construction equipment prior to leaving the site;
d. 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; e. All vehicle speeds on unpaved roads shall be limited to five (5) mph; f. 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; g. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; h. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph and visible dust extends beyond site boundaries; j. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction adjacent to sensitive receptors. Wind breaks should have no greater than 50 percent air porosity;
Applicant requirement
as a condition of
approval
Director of Community
Development
Ensure these measures
are incorporated into
project plans, prior to
issuance of a
demolition permit.

Monitoring during
construction.
5-3

EXHIBIT B

Page 309 ends

ITEM NO. 9.

5.1 Mitigation Monitoring and Reporting Program
5-4 EMC Planning Group Inc.

Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
k. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established; l. The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited. Activities shall be phased to reduce the amount of disturbed surfaces at any one time; and
m. Post a publicly visible sign with the telephone number and person to contact at the Town of Los Gatos 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.

Mitigation Measure 6-5b. Prior to the issuance of the demolition permit, the project developer shall prepare, and the project contractor shall implement, a demolition and construction emissions avoidance and reduction plan demonstrating a 25 percent reduction of infant/child cancer risk and a 60 percent reduction of PM2.5 exposures at the MEI to meet the air district’s risk thresholds.

The plan shall be prepared prior to the issuance of a demolition permit and shall be reviewed and approved by the Community Development Director. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure. The plan shall include the following measures:
a. All mobile diesel-powered off-road equipment operating on-site for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier III engines or better. Prior to the issuance of any demolition permits, the project applicant shall submit specifications of the equipment to be used during construction and confirmation this requirement is met; b. Use alternatively fueled equipment or equipment with zero emissions (i.e., aerial lifts, forklifts, and air compressors, etc., shall be either electrified or fueled by liquefied natural gas/propane); c. Provide line power to the site during the early phases of construction to minimize the use of dieselpowered stationary equipment, such as generators; and d. Other demonstrable measures identified by the developer that reduce emissions and avoid or minimize exposures to the affected sensitive receptors.

Applicant requirement
as a condition of
approval
Director of Community
Development
Ensure these measures
are incorporated into
project plans, prior to
issuance of a
demolition permit.

Monitoring during
construction.

Biological Resources
Mitigation Measure 7-2. Prior to issuance of a grading permit, a qualified biologist shall conduct preconstruction surveys for woodrat middens within the development footprint and fire defensible space.

These surveys shall be conducted no more than 15 days prior to the start of construction. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated. All woodrat middens shall be flagged for avoidance of direct construction impacts and fire defensible space where feasible. If impacts cannot be avoided, woodrat middens shall be dismantled no Applicant requirement
as a condition of
approval
Director of Community
Development
Ensure these measures
are incorporated into
project plans, prior to
issuance of a grading
permit.

Page 310 ends

ITEM NO. 9.
110 Wood Road – Los Gatos Meadows Senior Living Community Final EIR
EMC Planning Group Inc. 5-5
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
more than three days prior to construction activities starting at each midden location. All vegetation and duff materials shall be removed from three feet around the midden prior to dismantling so that the occupants do not attempt to rebuild. Middens are to be slowly dismantled by hand in order to allow any occupants to disperse.

Monitoring during
construction.

Mitigation Measure 7-3. Within 14 days prior to tree removal or other construction activities such as a demolition, the project developer shall retain a qualified biologist to conduct a habitat assessment for bats and potential roosting sites in trees to be removed, within structures proposed for demolition, and in trees and structures within 50 feet of the development footprint. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within and 50 feet around the project site. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked. Locations off the site to which access is not available may be surveyed from within the site or from public areas.

If bats or roosting sites are found, a letter report and supplemental documents shall be provided by the biologist to the Town of Los Gatos prior to issuance of tree removal and demolition permits and the following monitoring, exclusion, and habitat replacement measures shall be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they shall be evicted as described under (b) below. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats shall be evicted as described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within Applicant requirement
as a condition of
approval
Director of Community
Development
Within 14 days prior to
tree removal or other
construction activities,
and prior to issuance of
a tree removal permit
and/or grading permit.

Ensure these measures
are incorporated into
project plans.

Monitoring prior to
construction.

Page 311 ends

ITEM NO. 9.

5.1 Mitigation Monitoring and Reporting Program
5-6 EMC Planning Group Inc.

Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures within 50 feet of project disturbance activities, the individuals shall be safely evicted, under the direction of a qualified bat biologist. If pre-construction surveys determine that there are bats present in any trees or structures to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction. If needed, other removal methods could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance within 50 feet of any structures shall be conducted no earlier than the following day (i.e., at least one night shall be provided between initial roost eviction disturbance and tree removal/disturbance activities). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.
c. Bat Mitigation and Monitoring Plan. If roosting habitat is identified, a Bat Mitigation and Monitoring plan will be prepared and implemented to mitigate for the loss of roosting habitat. The plan will include information pertaining to the species of bat and location of the roost, compensatory mitigation for permanent impacts, including specific mitigation ratios and a location of the proposed mitigation area, and monitoring to assess bat use of mitigation areas. The plan will be submitted to CDFW for review and approval prior to the bat eviction activities or the removal of roosting habitat.

Mitigation Measure 7-4. Prior to issuance of tree removal, demolition, and grading permits, to avoid impacts to nesting birds during the nesting season (January 15 through September 15), construction activities within or adjacent to the project site boundary that include any tree or vegetation removal, demolition, or ground disturbance (such as grading or grubbing) shall be conducted between September 16 and January 14, which is outside of the bird nesting season. If this type of construction occurs during the bird nesting season, then a qualified biologist shall conduct pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project activities.

Applicant requirement
as a condition of
approval
Director of Community
Development
Prior to issuance of tree
removal, demolition,
and grading permits.

Ensure these measures
are incorporated into
project plans.

Monitoring prior to
construction.

Page 312 ends

ITEM NO. 9.
110 Wood Road – Los Gatos Meadows Senior Living Community Final EIR
EMC Planning Group Inc. 5-7
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
a. Two surveys for active bird nests shall occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. A report documenting survey results and plan for active bird nest avoidance (if needed) shall be completed by the qualified biologist prior to initiation of construction activities.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active.

Mitigation Measures 7-5a. To avoid impacts to a the potentially jurisdictional drainage feature, a minimum 10-foot setback from the drainage shall be maintained during tree removal, demolition, and construction activities. The drainage and setback area shall be shown on all demolition and construction plans.

Mitigation Measure 7-5b. If disturbance will occur within ten feet of the drainage, prior to issuance of a grading permit within the project boundary, the applicant shall retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the USACE, RWQCB, and CDFW. If the USACE claims jurisdiction, the applicant shall retain a qualified biologist to obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage features do not qualify for a Nationwide Permit, the applicant shall proceed with the qualified biologist in obtaining an Individual Permit from the USACE. The applicant shall then retain a qualified biologist to coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant shall also retain a qualified biologist to coordinate with the CDFW to obtain a Streambed Alteration Agreement.

Applicant requirement
as a condition of
approval
Director of Community
Development
Prior to issuance of any
grading permit.

Ensure these measures
are incorporated into
project plans.

Monitoring during
construction.

Page 313 ends

ITEM NO. 9.

5.1 Mitigation Monitoring and Reporting Program
5-8 EMC Planning Group Inc.

Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
To compensate for temporary and/or permanent impacts to Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits.

Mitigation would be provided through one of the following mechanisms:
a. A Wetland Mitigation and Monitoring Plan shall be developed that will outline mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project. The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process. b. To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 mitigation to impact ratio would apply to projects for which mitigation is provided in advance.

Mitigation Measure 7-6. Prior to issuance of a tree removal permit and/or a grading permit, developers shall retain a certified arborist to develop a site-specific tree protection plan for retained trees and supervise the implementation of all proposed tree preservation and protection measures during construction activities, including those measures specified in the 2018 project arborist report and 2020 arborist report update (HortScience Bartlett Consulting). Also, in accordance with the Town’s Tree Protection Ordinance, the developer shall obtain a tree removal permit for proposed tree removals on each development lot prior to tree removals and shall install replacement trees in accordance with all mitigation, maintenance, and monitoring requirements specified in the tree removal permit(s) or otherwise required by the Town for project approvals.

Applicant requirement
as a condition of
approval
Director of Community
Development
Prior to issuance of tree
removal permit and/or
grading permit.

Ensure these measures
are incorporated into
project plans.

Monitoring during
construction.

Mitigation Measure 7-8. On-site landscaping shall be limited to drought-tolerant species, fire-resistant species, and species capable of increasing soil stability; with preference to plant species endemic to Santa Clara County. Species from the California Invasive Plant Council’s (Cal-IPC) Invasive Plant Inventory (Cal-IPC 2020) shall be removed if present and not included in any new landscaping.

Applicant requirement
as a condition of
approval
Director of Community
Development
Prior to issuance of final
occupancy permit.

Ensure these measures
are incorporated into
project plans.

Monitoring after
construction.

Page 314 ends

ITEM NO. 9.
110 Wood Road – Los Gatos Meadows Senior Living Community Final EIR
EMC Planning Group Inc. 5-9
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
Cultural Resources
Mitigation Measure 8-2. The following measure shall be included in project plans, prior to issuance of a demolition permit:

If paleontological resources are uncovered during demolition, grading or other on-site excavation activities, construction shall stop until appropriate mitigation is implemented, to be approved by the Community Development Director.

Applicant requirement
as a condition of
approval
Director of Community
Development
Prior to issuance of
demolition permit.

Ensure these measures
are incorporated into
project plans.

Monitoring during
construction.

Geology and Soils
Mitigation Measure 13-1. The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the development plans, ground improvement plans, shoring design criteria from a geotechnical perspective, and supporting structural details and calculations (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, etc.,) to ensure that their recommendations have been properly incorporated. The project geotechnical consultant should review and approve appropriate performance testing for proposed ground improvement measures.

The results of the geotechnical plan review should be summarized by the project geotechnical consultant in a letter and submitted to the Town Engineer prior to issuance of building permits.

Applicant requirement
as a condition of
approval
Town Engineer Prior to issuance of
building permits.

Ensure these measures
are incorporated into
project plans.

Monitoring during
construction.

Mitigation Measure 13-2. The geotechnical consultant shall inspect, test and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to:
 site preparation and grading;
 ground improvement;
 shoring measures and design;
 site surface and subsurface drainage improvements; and  excavations for foundations prior to placement of steel and concrete.

In addition, the project engineering geologist shall inspect opened excavations to confirm bedrock conditions are consistent with those anticipated.

The results of these inspections and the as-built conditions of the project, including ground improvement measures and placement of engineered fill, should be described by the geotechnical consultant in a letter and submitted to the Town Engineer for review and approval prior to final (as-built) project approval.

Applicant requirement
as a condition of
approval
Town Engineer Prior to issuance of
building permits.

Ensure these measures
are incorporated into
project plans.

Monitoring prior during
construction.

Page 315 ends

ITEM NO. 9.

5.1 Mitigation Monitoring and Reporting Program
5-10 EMC Planning Group Inc.

Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Timing and
Monitoring
Specialty/design-build consultants and contractors (shoring, ground improvement, etc.) shall also submit construction reports confirming satisfactory construction of the specific aspects of the project that they are responsible for.

Hazards and Hazardous Materials
Mitigation Measure 13-3. The applicant shall consult with Bay Area Air Quality Management District to determine permit requirements. Removal of asbestos-containing building materials is subject to Bay Area Air Quality Management District’s Regulation 11, Rule 2: Asbestos Demolition, Renovation and Manufacturing. Release of lead into the atmosphere is subject to Bay Area Air Quality Management District’s Regulation 11, Rule 1: Lead.

Applicant requirement
as a condition of
approval
Director of Community
Development
Prior to issuance of
demolition permits.

Ensure these measures
are incorporated into
project plans.

Monitoring prior to and
during construction.

Wildfire Hazards
Mitigation Measure 12-1. In order to adequately address any potential conflicts with emergency access or evacuation routes during construction, the applicant shall prepare and implement a sitespecific construction traffic management plan for any construction effort that would require work within existing roadways. The traffic management plan shall be prepared and submitted to the Town prior to issuance of demolition permit(s) and shall be prepared to the satisfaction of Town Public Works and County Fire Department staff.

Applicant requirement
as a condition of
approval
Director of Public
Works
Prior to issuance of
demolition permits.

Ensure these measures
are incorporated into
project plans.

Monitoring prior to and
during construction.

SOURCE: EMC Planning Group 2021

Page 316 ends

ITEM NO. 9.

PREPARED BY: SEAN MULLIN, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 01/12/2022
ITEM NO: 3
DATE: January 7, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval of a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. Located at 110 Wood Road. APN 510-47-038. Planned Development Application PD-20-001 and Environmental Impact Report EIR-21-002. APPLICANT: Rockwood Pacific.

PROPERTY OWNER: Covia Communities. PROJECT PLANNER: Sean Mullin.

RECOMMENDATION:

Forward a recommendation to the Town Council on a request for approval of a Planned Development (PD) for construction of a senior living community, removal of large protected trees, and site improvements requiring a Grading Permit on property zoned R:PD located at 110 Wood Road.

PROJECT DATA:

General Plan Designation: Medium Density Residential: 5-12 dwelling units/acre Zoning Designation: Residential-Planned Development, R:PD Applicable Plans & Standards: General Plan; Hillside Specific Plan Parcel Size: 10.84 acres
ATTACHMENT 5

Page 317 ends

ITEM NO. 9.

PAGE 2 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
S:\PLANNING COMMISSION REPORTS\2022\01-12-2022\Item 3 - 110 Wood Road\Staff Report.110 Wood Road.docx 1/7/2022 1:50 PM
PROJECT DATA (continued):

Surrounding Area:

CEQA:

An Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program have been prepared for the project (Exhibits 1 and 2) and are available online at www.losgatosca.gov/110WoodRoad.

FINDINGS:
▪ As required by the California Environmental Quality Act (CEQA) for certifying the Final EIR. ▪ That the PD to rezone the property is consistent with the General Plan. ▪ That the project is in compliance with the Hillside Specific Plan. ▪ As required by Section 29.80.095 of the Town Code for adoption of a Planned Development Ordinance.

ACTION:
▪ Forward a recommendation regarding Environmental Impact Report EIR-21-002 to the Town Council.
▪ Forward a recommendation regarding Planned Development application PD-20-001 to the Town Council.

BACKGROUND:

The subject site is approximately 10.84 acres consisting of two underlying parcels at the intersection of Wood Road and South Santa Cruz Avenue (Exhibit 3). The site has been occupied by the Los Gatos Meadows since 1971, a senior living development operating under a PD approved in 1968. The Conceptual Development Advisory Committee (CDAC) reviewed a Existing Land Use General Plan Zoning
North Single- and Multi-Family
Residential
Medium Density
Residential
R-1D
East Office-Professional and
Commercial
Central Business District C-2 and
C-2:PD
South Office-Professional and
Single-Family Residential
Hillside Residential and
Central Business District
HR-5
West Single-Family Residential and
Vacant
Hillside Residential HR-5

Page 318 ends

ITEM NO. 9.

PAGE 3 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
S:\PLANNING COMMISSION REPORTS\2022\01-12-2022\Item 3 - 110 Wood Road\Staff Report.110 Wood Road.docx 1/7/2022 1:50 PM
BACKGROUND (continued):
preliminary proposal for redevelopment of the subject property on April 9, 2008. The Staff Report and minutes of the CDAC meeting are attached as Exhibits 6 and 7.

An application was filed by Frank Rockwood of Rockwood Pacific requesting a new PD zoning for the property for the purpose of building a new senior living development (Exhibit 15). The existing zoning is Residential, Planned Development (R:PD) and the General Plan Land Use designation is Medium Density Residential.

A Draft EIR for the project was prepared and circulated for a 45-day public review period from May 28, 2021, through July 12, 2021 (Exhibit 1). The Final EIR, which includes the Response to Comments, was previously provided on September 3, 2021 (Exhibit 2).

Future required approvals include an Architecture and Site application, Certificate of Lot Merger, Building Permits, a Grading Permit, and a Tree Removal Permit.

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject site is approximately 10.84-acres consisting of two underlying parcels at the intersection of Wood Road and South Santa Cruz Avenue (Exhibit 3). The property rises east-to-west approximately 240 feet, and approximately 95 feet across the area of development. The subject property is characterized by a hillside setting, and is in the Hillside Specific Plan area, but it is not located within the hillside area as defined by the Hillside Development Standards and Guidelines (HDS&G).

The site has been occupied by the Los Gatos Meadows, a senior living development, since 1971. The existing development includes 10 residential buildings with 205 independent care and support units; a dining and commons building; an infirmary, garage, and services building; a multi-purpose building; two cottages; and 130 parking spaces (Exhibit 15B, Sheet C101). Site access is currently taken from a driveway off Wood Road at the southern end of the property and from the south side of Broadway via Farwell Lane. An additional access road served from Wood Road provides access to the area uphill of the existing buildings, traversing to the center of the property, where it dead ends.

Page 319 ends

ITEM NO. 9.

PAGE 4 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
S:\PLANNING COMMISSION REPORTS\2022\01-12-2022\Item 3 - 110 Wood Road\Staff Report.110 Wood Road.docx 1/7/2022 1:50 PM
PROJECT DESCRIPTION (continued):

The surrounding area contains a mix of uses with single- and multi-family residential uses located to the north; office and commercial uses to the east; office and single-family residential uses to the south; and single-family residential uses to the west.

B. Project Summary
The applicant is proposing a new PD to allow for the demolition of all existing buildings, construction of a new senior living community, removal of large protected trees, and site improvements requiring a Grading Permit. The senior living community would operate as a Continuing Care Retirement Community (CCRC) and will be licensed as a Residential Care Facility for the Elderly (RCFE) under the California Department of Social Services. The project would be restricted to persons age 62 and older, providing 24/7 assisted living services to the residents. The senior living community would provide coordinated health care services, including 17 supporting care units. These proposed services would be similar to the uses offered in the previous community that closed in 2019.

DISCUSSION:

A. Conceptual Development Advisory Committee
The CDAC reviewed a preliminary proposal for redevelopment of the subject property on April 9, 2008 (Exhibits 6 and 7). The CDAC provided comments on the proposal related to:
• The need for senior housing and to modernize the existing facility; • Inclusion of Below Market Price units;
• LEED certification;
• Height and visibility;
• Appropriate architectural style;
• Hillside setting; and
• Traffic, grading, and tree impacts.

The applicant’s Letter of Justification responds to the feedback provided by the CDAC in 2008 (Exhibit 8).

B. Existing Planned Development Comparison
As noted in the Letter of Justification (Exhibit 8), the applicant is proposing a new PD to replace the PD approved in 1968, under which the Los Gatos Meadows has been operating since 1971. The proposed PD would retain the existing R:PD zoning for the subject property. Approval of the PD application would establish the regulations through an

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ITEM NO. 9.

PAGE 5 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):
ordinance (which would include the development plans) under which the following actions would be allowed:
• Demolition of all existing buildings on the site;
• Construction of a new senior living community;
• Removal of 192 trees, including 8 large protected trees; and • Site improvements requiring a Grading Permit.

A comparison of the existing and proposed PD conditions is provided in the table below.

Comparison of Planned Development Conditions
Original 1968 PD Proposed PD
Site Coverage 24.6 percent 22.5 percent
Total Number of
Independent Living Units
184 174
Total Units Permitted 222 191
Open Space 75.4 percent 77.5 percent
Building Setbacks from
Property Line
Front: 20 feet
Side: 15 ft and 27 feet
Rear: 15 feet
Front: 34.83 feet
Side: 40.83 feet and 60 feet
Rear: 32.92 feet
Parking 111 spaces 78 standard spaces
122 tandem spaces
Height Predominantly 2-story with
some basement or below
grade space for infirmary,
parking, storage, and
mechanical. Heights vary
between 30’-9” and 55’-2” ±.
3-5 stories with below grade
space for parking, storage,
and mechanical. Heights
vary between 59’-0” and 85’-
6” ±.

Future required approvals include an Architecture and Site application, Certificate of Lot Merger, Building Permits, a Grading Permit, and a Tree Removal Permit.

C. Proposed Project Analysis
The proposed PD includes demolition of all existing structures and redevelopment of the site with a ground floor podium and eight separate buildings constructed above the podium level (Exhibit 15).

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ITEM NO. 9.

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SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
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DISCUSSION (continued):

As summarized in the following table, the podium would include a ground floor level and a subterranean lower-level parking garage with 29 parking spaces. The ground floor level would include the main entrance, 17 supporting care units, dining facilities, offices, fitness center, indoor swimming pool, mechanical areas, and a parking garage accommodating 49 cars in single parking spaces and 122 cars in tandem parking spaces.

Summary of Podium
Height Above
Low Grade (+477’)
Gross Floor
Area
Parking
Area
Parking Spaces
Lower Level
Garage
11 ft
(+488’)
0 sf 22,136 sf 29 (standard)
Ground Floor
Level
28 ft
(+505’)
52,904 sf 66,691 sf 49 (standard)
122 (tandem)
An outdoor terrace would be located above the podium providing common space amongst the eight villas. This landscaped terrace area would offer amenities including walkways, gardens, seating areas, courtyards, lawns, bocce ball courts, outdoor dining, and multiples trellises and gazebos (Exhibit 15B, Sheet LS-6). The eight villas would rise three to five stories above the terrace level, with heights from 42 feet, one inch, to 68 feet, seven inches above the terrace. The eight villas would include 174 one- and two-bedroom independent living units with a variety of floor plans. The characteristics of each villa are summarized in the table below.

Summary of Villas
Number of
Stories
Height Above
Terrace (+505’)
Height Above
Ground Floor
(+488’)
Gross Floor
Area
Villa A 5 68.58 ft 85.58 ft 157,054 sf
Villa B 3 56.00 ft 73.00 ft 41,483 sf
Villa C 5 65.08 ft 82.08 ft 56,891 sf
Villa D 4 53.58 ft 70.58 ft 31,426 sf
Villa E 5 65.00 ft 82.00 ft 40,712 sf
Villa F 5 67.50 ft 84.50 ft 40,712 sf
Villa G 4 53.50 ft 70.50 ft 31,426 sf
Villa H 3 42.08 ft 59.08 ft 31,112 sf
Sheets A201, A202, and A203 of the development plans include typical elevations for the podium and the villas but do not provide full elevations of all structures. Full elevations will be required during the future Architecture and Site application review process.

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ITEM NO. 9.

PAGE 7 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):

In their Letter of Justification, the applicant indicates that the materials for the proposed development were selected based on their ability to blend with the natural setting and minimize the visual impact of the proposed building heights (Exhibit 8). A materials board is included on Sheet A204 of the development plans and the typical locations of the proposed exterior materials are shown on the exterior elevations on Sheets A201 through A203 (Exhibit 15B). Typical exterior materials include:
• Standing seam metal roof in dark gray;
• Stone veneer tile;
• Brushed stainless steel window frames and railings;
• Concrete panel siding in tan/brown;
• Metal panel siding in olive green;
• Vertical standing seam siding in beige;
• Horizontal metal panel wood veneer; and
• Aluminum soffit with wood appearance.

The eight villas would be situated on the terrace level to frame two large outdoor spaces separated by Villa A: the Village Green and Town Square. These outdoor spaces would be connected through the common area located on the bottom floor of Villa A. A network of paths and walkways would provide circulation between the various amenities within the outdoor spaces. Proposed hardscape materials are included on Sheet LS-13 of the development plans (Exhibit 15B) and include:
• Stained sawcut concrete walkways;
• Seeded glass paving;
• Stone veneer retaining walls;
• Vegetated green walls; and
• Toned asphalt paved trail.

The proposed PD includes access and circulation improvements serving the development.

The primary access point would be similar to the existing driveway off Wood Road at the southern end of the property (Exhibit 15B, Sheet C102). At the southwest elevation, vehicles could access the main entrance at the ground floor level or enter the lower level parking garage, which connects internally to parking on the ground floor level. Deliveries, trash collection, and other services would be accommodated through a receiving dock just north of the main entrance on the ground level. The existing access road off Wood Road uphill of the development area would be improved and extended to connect to the driveway on the east side of the development area. This extension would provide a fire

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ITEM NO. 9.

PAGE 8 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):
access ring road around all sides of the development. The fire access ring road would provide ladder access to the podium and each of the eight villas. Farwell Lane would be closed off to vehicle and pedestrian access and would be retained exclusively for Fire Department access from Broadway and autonomous vehicular access for the residents to the downtown area. The proposed project, including the circulation improvements, has been reviewed and approved by the Santa Clara County Fire Department.

D. Architectural Review
The Town’s Consulting Architect reviewed the proposed project and noted that the project is well designed with a lot of thought given to the facilities’ layout and building design (Exhibit 9). The Consulting Architect also noted that the increased building heights and proposed tree removal have the potential to create visual impacts to adjacent properties and other portions of the Town. The Consulting Architect made no recommendations for changes to the building design, but noted that the proposed materials are largely faux simulations of natural materials. Based on this feedback, the applicant revised portions of the plans to clarify the screening impact of the landscaping, updated the color of the roof material, and provided justification for the selected materials (Exhibit 8). The applicant’s response to the recommendations of the Town’s Consulting Architect is included in Exhibit 10. An application for Architecture and Site review is required by Performance Standard 3 of the Planned Development Ordinance (Exhibit 15).

E. Visibility
The subject property is not located within the hillside area and is not subject to the visibility regulations as defined by the HDS&G. The applicant installed story poles and provided renderings of the proposed project to represent the visual impact of the project from several view corridors (Exhibit 15B, Sheets A406 through A408). Further, the applicant provided a discussion of the building heights and visibility in the Letter of Justification (Exhibit 8).

F. Grading
The proposed project is located primarily in the areas of the property with existing development. Grading and excavation activities are required for the new podium and villas, subterranean parking garages, adjustments to the site plan, and circulation improvements (Exhibit 15B, Sheet C103). Preliminary earthwork quantities and cut and fill depths are summarized in the table on the following page. The proposed site grading exceeds the 50

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ITEM NO. 9.

PAGE 9 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):
cubic yard (cy) threshold for requiring a Grading Permit. The areas with the most intense site grading are adjacent to the edges of the podium, and the new and widened roadway around the site.

Preliminary Earthwork Quantities
Type Cut (cy) Fill (cy) Net (cy) Max Cut
Depth (ft)
Max Fill
Depth (ft)
Buildings* 113,000 1,000 112,000 <Cut> 61.5 3.5
Driveways 9,900 2,300 7,600 <Cut> 21.0 14.0
Sidewalk 3,700 700 3,000 <Cut> 20.5 10.5
Landscape 13,100 2,400 10,700 <Cut> 27.0 13.5
Utility Spoils 7,000 -- 7,000 <Cut>
GRADING PERMIT TOTAL* 33,700 5,400 18,300 <Cut>
TOTAL 146,700 6,400 140,300 <Cut>
* Excavation within building footprints does not count toward a Grading Permit G. Retaining Walls
New retaining walls are proposed to allow for the necessary slope transitions between the podium and the improved roadways (Exhibit 15B, Sheets C103, and C103.1). The heights of these retaining walls vary by location, having a maximum height of approximately 24 feet northwest of Villa D (Exhibit 15B, Sheet C103.1, Section A-A). Proposed retaining walls on the western edge of the site would be largely screened by the podium and villas, while those on the eastern edge of the development may be visible. The primary function of the proposed retaining walls is improve and extend the fire access ring road. In the Letter of Justification, the applicant discusses the need for the retaining walls, efforts to reduce wall heights, and strategies for mitigating the visual impact of taller retaining walls (Exhibit 8). A summary of the proposed retaining walls is provided in the table below.

Summary of Maximum Retaining Wall Heights
Section (C102 and C103.1) Location Maximum Heights (ft) A–A NW of Villa A 24
B–B N of Villa A 11
C–C N of Villa A 10
D–D NE of Villa C 10
E–E NE of Villa C 20
F–F SE of Villa H 3
G–G SW of Villa G 13
H–H NW of Villa H 10

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ITEM NO. 9.

PAGE 10 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):

H. Parking
The Town Code parking requirement for convalescent homes is one parking space for every two and one-half beds. While this senior living community differs from convalescent homes for which this parking requirement was developed, it can be used to guide the determination of an appropriate parking requirement for this project, that would be enforced through the PD.

The proposed project includes 174 continuing care living units and 17 supporting care units, totaling 191 units. Applying the convalescent home parking requirement per living unit, the project requires 77 parking spaces. The project includes 78 standard parking spaces, exceeding the parking requirement.

However, some of the proposed 174 continuing care living units would be two-bedroom units, as detailed in the “Unit Data” table on the cover sheet of the development plans (Exhibit 15B). According to this table, the 174 continuing care living units would include a total of 291 bedrooms. When including the 17 supporting care units, the project includes 308 bedrooms. Using the convalescent home parking requirement and applying it per bedroom, rather than per unit, the project would require 124 parking spaces for the 308 bedrooms. In addition to the 78 standard parking spaces, the project includes 122 tandem parking spaces that would be managed under a valet parking program, for a total of 200 parking spaces. Typically, tandem parking spaces do not count toward the required parking; however, these spaces can be counted if approved under the proposed PD. If approved, details of the proposed valet parking program would be required during review of the Architecture and Site application.

I. Traffic
A Transportation Analysis was prepared for the Initial Study by Kimley-Horn (Exhibit 1, Appendices). This analysis compared the trip generation of the existing development (708 daily trips) to the anticipated trip generation of the proposed project (718 daily trips). This analysis concluded that the proposed project would result in a net increase of 10 daily trips for the proposed project relative to the baseline use, and a net decrease for AM peak (-2 trips), midday peak (-3 trips) PM peak (-4 trips), and Saturday midday peak (-3 trips).

J. Trees and Landscaping
The subject property includes thousands of existing trees. Details on the location, size, species, health, suitability, and disposition of the trees in the project area are included on Sheets T-1 through T-5 of the development plans (Exhibit 15B). The provided information

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ITEM NO. 9.

PAGE 11 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):
indicates that 44 trees were removed in 2019 under permit T19-167, 36 of which were protected trees. These trees were removed due to being invasive species and/or fire concerns. The project proposes removal of 213 additional trees, 192 of which are protected trees requiring a permit for removal. Eight of these trees are large protected trees. The proposed tree removal is due to their location within the development area, risk/poor health, sudden oak death carrier, and/or fire risk. An Arborist Report was prepared by Hort Science and submitted with the application materials. The Town’s Consulting Arborist conducted a peer review of this report and provided recommendations to align the information with the requirements of the Town Code. The applicant submitted a revised report dated October 12, 2020 (Exhibit 11), which was deemed sufficient by the Town’s Consulting Arborist on February 12, 2021 (Exhibit 12). All recommendations identified in the Arborist Report for the project have been included as performance standards in the draft PD Ordinance (Exhibit 15).

The applicant has provided details of the proposed landscape plan on Sheets LS-1 through LS-13 (Exhibit 15B). Proposed landscape plantings have been separated into two areas: the ground level areas adjacent to the roadways and podium buildings, and the terrace level.

The landscape plan includes 242 new trees at the ground level and 131 new trees at the terrace level. Additionally, shrubs, groundcover, and other ornamental plantings are included on both levels, the majority of which are listed as either native or indigenous species, and drought tolerant.

K. Hillside
The subject property is characterized by a hillside setting, but it is not located within the hillside area as defined by the HDS&G. In 2008, the CDAC recognized the hillside context of the site and recommended that the spirit and intent of the HDS&G should be applied (Exhibit 7). In response, the applicant has provided details in the Letter of Justification of how the spirit of the HDS&G has been integrated into the project (Exhibit 8).

The site is located in Sub-area 6 of the Hillside Specific Plan area. The site has served as a senior living facility since 1971 and would continue to do so under the proposed PD. The project includes modernization of the facility, circulation system, and safety characteristics; an increase in the open space area; and would include a similar number of living units, staff levels, and traffic generation to the existing facility. The proposed project is consistent with the provisions of the Hillside Specific Plan.

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ITEM NO. 9.

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SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
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DISCUSSION (continued):

L. General Plan
The existing General Plan land use designation is Medium Density Residential. The 2020 General Plan Land Use Element focuses on maintaining a “full-service” Town that provides a range of goods and services that support economic vitality, while limiting adverse impacts on the quality of life of all the residents. The applicant’s Letter of Justification provides a detailed discussion of the project’s compatibility with the 2020 General Plan including applicable goals, policies, and actions; and compatibility with individual elements (Exhibit 8).

Applicable goals and policies of the 2020 General Plan include, but are not limited to the following:
• Policy HOU-5.3: Work with existing senior lifestyle living and assisted living facilities in Los Gatos, and support the development of new senior housing that includes continuum of care facilities within the Town.
• Policy LU-1.3: To preserve existing trees, natural vegetation, natural topography, riparian corridors and wildlife habitats, and promote high quality, well-designed, environmentally sensitive, and diverse landscaping in new and existing developments. • Policy LU-6.7: Continue to encourage a variety of housing types and sizes that is balanced throughout the Town and within neighborhoods, and that is also compatible with the character of the surrounding neighborhood.
• Policy CD-1.3: Buildings, landscapes, and hardscapes shall follow the natural contours of the property.
• Policy CD-1.4: Development on all elevations shall be of high quality design and construction, a positive addition to and compatible with the Town’s ambiance.

Development shall enhance the character and unique identity of existing commercial and/or residential neighborhoods.
• Goal CD-4: To preserve existing trees, natural vegetation, natural topography, riparian corridors and wildlife habitats, and promote high quality, well designed, environmentally sensitive, and diverse landscaping in new and existing developments. • Policy CD-7.1: Maximize quality usable open space in all new developments.

M. Zoning Compliance
The proposed use is not allowed by-right under the base zoning designation of Residential.

The proposed project would provide a public benefit to the Town by providing much needed senior housing and continuing care services. One of the stated purposes of a PD in the Town Code is to promote projects that provide a public benefit to the Town. While the proposed project is not consistent with the by-right uses allowed under the base zoning

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ITEM NO. 9.

PAGE 13 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):
designation, it does meet the criteria for a PD overlay by providing a public benefit to the Town through senior housing services and is thus consistent with the Zoning Code.

N. Planned Development Application
The PD application is requesting to replace the existing PD zoning approved in 1968, maintaining the R:PD zoning of the property. The Town Code states that the purpose of a PD is to preserve, enhance, and/or promote:
• The Town's natural and historic resources;
• The production of affordable housing;
• The maximization of open space; and/or
• A project that provides a public benefit to the Town.

The applicant’s Letter of Justification provides details on the relationship of the proposed project to the findings required to approve a PD application (Exhibit 8). The Planning Commission shall make a recommendation regarding the merits of the PD application to the Town Council, who will be the final deciding body. If adopted by the Town Council, the proposed PD Ordinance (Exhibit 15) would allow redevelopment of the site including demolition of all existing buildings, construction of a new senior living community, removal of large protected trees, and site improvements requiring a Grading Permit.

O. Environmental Review
An EIR was prepared for the project. As part of the environmental review process a number of technical reports were prepared, including species lists and database reviews, tree evaluations and arborist reports, geotechnical investigations, and traffic analyses. Reports that were prepared by outside consultants were peer reviewed by Town consultants.

The Notice of Preparation (NOP) was distributed on February 1, 2021, for a 30-day comment period. Comments received on the NOP are included as Appendix A to the Draft EIR (Exhibit 1).

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ITEM NO. 9.

PAGE 14 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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DISCUSSION (continued):

Through the Initial Study/EIR process, no significant and unavoidable impacts were identified. All identified significant impacts that would result from the project can be mitigated to a less-than-significant level through implementation of the Mitigation Monitoring and Reporting Program (MMRP) that has been prepared for the project as required by CEQA (Exhibit 2). The MMRP includes a list of all mitigation measures and the department(s) responsible for ensuring that the mitigation measures are properly implemented. All mitigation measures are included as performance standards within the draft PD Ordinance (Exhibit 15).

PUBLIC COMMENTS:

As detailed in the Letter of Justification, the applicant has been engaged with the surrounding neighborhood, business community, Town officials, and the greater Los Gatos community since 2018 through open house meetings, focus groups, individual in-person and video meetings, and maintenance of a project website (Exhibit 8). The applicant also provided a supplemental community engagement letter summarizing their outreach efforts that have taken place since the Letter of Justification was submitted (Exhibit 13).

Written notice was sent to property owners and tenants within 300 feet of the subject property. Story poles and flagging were installed on the site and certified by a licensed surveyor in coordination with mailing of the written notice. Project signs were also installed at the primary entrance on Wood Road and at the intersection of Farwell Lane and Broadway.

Public comments received by 11:00 a.m. on Friday, January 7, 2022, are included as Exhibit 14.

CONCLUSION:

A. Summary
The applicant is proposing a new PD to allow demolition of all existing buildings, construction of a new senior living community, removal of large protected trees, and site improvements requiring a Grading Permit. The senior living community would be restricted to persons age 62 and older, providing 24/7 assisted living services to the residents. The facility would provide coordinated health care services, including 174 independent living units and 17 supporting care units. These proposed services would be similar to the services offered in the previous community that closed in 2019. The proposal would maintain the R:PD zoning of the property and the new PD would provide new performance standards for the project. The project complies with the General Plan, the Planned Development requirements in the Town Code, Hillside Specific Plan, and would provide a public benefit to the Town.

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ITEM NO. 9.

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SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
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CONCLUSION (continued):

B. Recommendation
Based on the summary above, if the Commission finds merit in the proposal, the Commission can take the following actions to forward the Final EIR and PD applications to the Town Council, recommending that the Town Council:

1. Make the required findings included in Exhibit 4;

2. Make the required CEQA Findings of Fact (Exhibit 5), certify the Final EIR (Exhibit 2), and adopt the Mitigation Monitoring and Reporting Program (Exhibit 2); and

3. Adopt the Planned Development Ordinance (Exhibit 15) and approve the proposed project.

C. Alternatives
Alternatively, if the Commission has concerns with the proposed project, it can:

1. Forward a recommendation for approval of the applications with modified performance standards to the Town Council; or

2. Forward a recommendation of denial of the applications to the Town Council; or

3. Continue the matter to a date certain with specific direction.

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ITEM NO. 9.

PAGE 16 OF 16
SUBJECT: 110 Wood Road/PD-20-001 AND EIR-21-002
JANUARY 7, 2022
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EXHIBITS:

Previously received under separate cover:

1. May 2021 Draft Environmental Impact Report (available online at www.losgatosca.gov/110WoodRoad)

2. September 2021 Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (available online at www.losgatosca.gov/110WoodRoad) Received with this Staff Report:

3. Location Map

4. Required Findings

5. Required CEQA Findings of Fact

6. Conceptual Development Advisory Committee Staff Report, April 9, 2008

7. Conceptual Development Advisory Committee meeting minutes, April 9, 2008

8. Project Description and Letter of Justification, January 3, 2022

9. Town’s Consulting Architect Report, May 8, 2020

10. Applicant’s response to Town’s Consulting Architect recommendations, May 22, 2020

11. Arborist Report by Hort Science, October 12, 2020

12. Town's Consulting Arborist peer review report, February 12, 2021

13. Supplemental community engagement letter, December 9, 2021

14. Public comments received by 11:00 a.m., Friday, January 7, 2022

15. Planned Development Ordinance with Exhibit A Rezone Area and Exhibit B Development Plans, July 27, 2021

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ITEM NO. 9.

WOOD RD

W MAIN ST
SB HIGHWAY 17
NB HIGHWAY 17

S CREEK TRAIL

BROADWAY

COLLEGE AV

TAIT AV

VICTORY LN

PARK AV

S SANTA CRUZ AV

FARWELL LN
SB 17 FROM S SANTA CRUZ

N SANTA CRUZ AV

STATION WY

EUCLID AV

CLIFTON AV
110 Wood Road
0 0.125 0.25
Miles
°
EXHIBIT 3

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ITEM NO. 9.

PLANNING COMMISSION – January 12, 2022
REQUIRED FINDINGS FOR:
110 Wood Road
Planned Development Application PD-20-001
Environmental Impact Report EIR-21-002
Requesting Approval of a Planned Development for Construction of a Senior Living Community, Removal of Large Protected Trees, and Site Improvements Requiring a Grading Permit on Property Zoned R:PD. APN 510-47-038.

APPLICANT: Rockwood Pacific.

PROPERTY OWNER: Covia Communities.

FINDINGS
Required finding for CEQA:
■ An Environmental Impact Report (EIR) was prepared for the proposed development. The Planning Commission recommends that the Town Council make the CEQA Findings of Fact, certify the Final EIR, and adopt the Mitigation Monitoring and Reporting Program.

Required finding for the adoption of a Planned Development Ordinance:
■ As required by Section 29.80.095 of the Town Code for adoption of a Planned Development Ordinance:

1. The proposed Planned Development complies with Chapter 29, Article VIII, Division 2 of the Town Code.

EXHIBIT 4

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ITEM NO. 9.

2. The proposed Planned Development is consistent with the General Plan in that the development provides much needed senior housing and continuing care services to the Town.

3. The proposed Planned Development is consistent with the Hillside Specific Plan in that the project includes modernization of the existing facility, circulation system, and safety characteristics; an increase in the open space area; and would include a similar number of living units, staff levels, and traffic generation to the existing facility.

N:\DEV\FINDINGS\2022\WOOD ROAD, 110 - 01-12-22 PC.DOCX

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ITEM NO. 9.

D R A F T

CEQA FINDINGS OF FACT
for
110 Wood Road – Los Gatos Meadows Senior
Living Community
Planned Development Application PD-20-001
SCH # 2021020007
Town Council
Town of Los Gatos
October 2021
EXHIBIT 5

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR ii Draft – October 2021

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ITEM NO. 9.

Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 iii

CONTENTS
I. INTRODUCTION................................................................................................. 1 II. ENVIRONMENTAL REVIEW PROCESS ........................................................... 1 III. PROJECT DESCRIPTION.................................................................................. 3 A. Project Location and Current Use ........................................................................ 3 B. Project Objectives................................................................................................. 3 C. Project Characteristics.......................................................................................... 3 IV. SIGNIFICANT EFFECTS AND MITIGATION MEASURES................................ 3 A. Air Quality............................................................................................................. 4 B. Biological Resources............................................................................................ 6 C. Cultural Resources ............................................................................................. 12 D. Geology and Soils .............................................................................................. 13 E. Hazards and Hazardous Materials ..................................................................... 14 F. Wildfire Hazards ................................................................................................. 15 V. PROJECT ALTERNATIVES............................................................................. 16 A. Alternative 1: No Project Alternative – Existing (Closed) Senior Living Community.................................................................................... 17 B. Alternative 2: No Project - Residential Project Consistent with the Project Site’s General Plan Land Use Designation ............................................ 17 C. Alternative 3: Reduced Scale - Removal of Villas B and C from Proposed Site Plan............................................................................................. 17 D. Environmentally Superior Alternative.................................................................. 18 VI. MITIGATION MONITORING AND REPORTING PROGRAM .......................... 18 VII. RECORD OF THE PROCEEDINGS ................................................................. 18 VII. SUMMARY........................................................................................................ 19

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ITEM NO. 9.

CEQA Findings of Fact Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community EIR iv Draft – October 2021

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ITEM NO. 9.

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ITEM NO. 9.

The Final EIR did not provide any significant new information regarding proposed Project or cumulative impacts or mitigation measures beyond that contained in the Draft EIR.

In conformance with CEQA, the Town has taken the following actions in relation to the EIR:

B. On DATE TBD, at a duly and properly noticed public hearing, the Town Council certified the EIR and adopted findings, Mitigation Monitoring and Reporting Program related to the Planned Development application filed by the applicant requesting a “Planned Development” overlay be applied to the site’s existing “Residential Planned Development” zoning designation.

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ITEM NO. 9.

C. Project Characteristics
The Project applicant is requesting approval of the following:
▪ Planned Development (PD) Overlay permit (PD-20-001)
A Planned Development application has been filed by the applicant requesting a “Planned Development” overlay be applied to the site’s existing “Residential Planned Development” zoning designation. A subsequent Architecture and Site application will be required if the Planned Development application is approved by the Town Council. In accordance with Town Code Section 29.20.140(d), the Architecture and Site approval is required for purposes of approving the development plan for the new senior living community to ensure conformance with Town regulations related to the height, width, shape, proportion, siting, exterior construction and design of buildings and to ensure that they are architecturally compatible with their surroundings.

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A. Air Quality

Implementation of the following Mitigation Measures would reduce the impact to a less-thansignificant level.

Mitigation Measures:

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B. Biological Resources

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Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors.

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To compensate for temporary and/or permanent impacts to Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:
▪ A Wetland Mitigation and Monitoring Plan shall be developed that will outline mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project.

The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process. ▪ To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions. If restoration is available and feasible, a minimum 1:1 mitigation to impact ratio would apply to projects for which mitigation is provided in advance.

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No additional mitigation measures are necessary.

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C. Cultural Resources

Mitigation Measure 8-2 The following measure shall be included in project plans, prior to issuance of a demolition permit:

Finding
All of the proposed Project specific environmental impacts related to cultural resources will be reduced to less than significant with the implementation of the proposed mitigation measures.

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Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 13
D. Geology and Soils

1. Potentially Significant Impacts Reduced to Less Than Significant Levels Impact Geologic impacts associated with fault surface rupture, expansive soils, and land sliding and slope instability.

The results of the geotechnical plan review should be summarized by the project geotechnical consultant in a letter and submitted to the Town Engineer prior to issuance of building permits.

Mitigation Measures 13-2 The geotechnical consultant shall inspect, test and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to:
▪ site preparation and grading;
▪ ground improvement;
▪ shoring measures and design;
▪ site surface and subsurface drainage improvements; and ▪ excavations for foundations prior to placement of steel and concrete.

In addition, the project engineering geologist shall inspect opened excavations to confirm bedrock conditions are consistent with those anticipated.

The results of these inspections and the as-built conditions of the project, including ground improvement measures and placement of engineered fill, should be described by the

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Finding
All of the proposed Project specific environmental impacts related to geology and soils will be reduced to less than significant with the implementation of the proposed mitigation measures.

E. Hazards and Hazardous Materials

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F. Wildfire Hazards

Impact 12-4: Expose People or Structures to Significant Risks, including Downslope or Downstream Flooding or Landslides, as a Result of Runoff, PostFire Slope Instability, or Drainage Changes.

As noted in Section 13.0, Effects Not Addressed Further in this EIR, the 2007 Draft Preliminary Geologic and Geotechnical Evaluation for Los Gatos Meadows prepared by Cornerstone Earth

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Finding
All of the proposed Project specific environmental impacts related to wildfire hazards will be reduced to less than significant with the implementation of the proposed mitigation measures.

The alternatives evaluated were:

1. Alternative 1: No Project – Existing (Closed) Senior Living Community;

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Town of Los Gatos I 110 Wood Road – Los Gatos Meadows Senior Living Community CEQA Findings of Fact Draft – October 2021 17

2. Alternative 2: No Project – Residential Project Consistent with the Project Site’s General Plan Designation; and

3. Alternative 3: Reduced Scale (Removal of Villas B and C from Proposed Site Plan).

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The MMRP is included as part of the Final EIR, and is hereby incorporated by reference.

This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Title 14 California Code of Regulations (CEQA Guidelines) Section 15091(e).

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B. The NOP, comments received on the NOP and all other public notices issued by the Town in relation to the EIR (e.g., Notice of Availability).

D. All non-draft and/or non-confidential reports and memoranda prepared by the Town and consultants related to the EIR, its analysis and findings.

E. Minutes and transcripts of the discussions regarding the Project and/or Project components at public hearings or scoping meetings held by the Planning Commission and the Town Council.

G. Staff reports associated with Planning Commission and Council Meetings on the Project and supporting technical memoranda and any letters or other material submitted into the record by any party.

1. Changes or alterations have been required in, or incorporated into, the proposed Project which avoid or substantially lessen the significant environmental effect on the environment.

2. Based on the foregoing Findings and the information contained in the record, it is determined that:

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EXHIBIT 6 Page 361 Page 541
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TOW OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408) 354-6872 -------------------------------------------------------------------------------------------------------------------------- SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE COCEPTUAL DEVELOPMET ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR APRIL 9, 2008, HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA.
-------------------------------------------------------------------------------------------------------------------------- The meeting was called to order at 4:30 P.M.

ATTEDACE
Members Present: Absences:

Barbara Spector Mike Wasserman (replaced by Diane McNutt) Diane McNutt Marico Sayoc
Stephen Rice
Joanne Talesfore
Staff Present: Bud Lortz, Director of Community Development; Randy Tsuda, Assistant Director of Community Development
ITEM 1: 110 Wood Road
Conceptual Development Application CD-08-002
Requesting preliminary review of an amendment to a Planned Development to demolish an existing senior complex (Los Gatos Meadows) to construct a new 455,000 square foot senior continuing care complex with a total of 256 units on a property zoned R:PD. APN 510-47-038
PROPERTY OWNER/APPLICANT: Episcopal Senior Communities
Comments:

General Comments:
• There is clearly a need to modernize and improve the Los Gatos Meadows complex.

The Committee believes it is possible to design a successful project. • Senior housing should be regarded as an essential service to the Town. There is a great need for this type of project.
• The challenge will be how to evaluate a unique project such as this. • The walkability of the Farwell Lane connection should be improved. The current connection is overly steep for seniors.
• The applicant should clarify how the project will be phased and how existing residents will be accommodated. Applicant should provide a narrative explaining their relocation strategy. Residents should not be displaced unless it is supported by the residents.
• Below Market Price units should be provided.
• Project should obtain LEED certification.

EXHIBIT 7

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ITEM NO. 9.

Conceptual Development Advisory Committee—Summary of Discussion Meeting of April 9, 2008

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Height and Visibility:
• The Committee expressed significant concerns with the height, visibility and mass of the project. Do not want the project to loom over Downtown. • Four stories may be acceptable is visibility is addressed. • The existing project, while large, is hidden from the Town. • Consolidation of the buildings is good.
• Buildings should be stepped with the hillside.
• The garages should be pushed below grade.
• The use of technology to illustrate the visibility of the project was appreciated. It will be necessary to clearly illustrate the visibility of the project.

Architecture:
• ot sure if the architecture fits with the Town.
• Design theme is attractive but does not trump concerns with height and mass.

Hillside Development Standards & Guidelines:
• The Hillside Development Standards & Guidelines (HDS&G) cannot be directly applied; the Guidelines were developed for single family homes. • The spirit and intent of the Guidelines should be applied.

Impacts:
• Concerns with traffic, both from the project and construction-related traffic. • Concerns with grading and tree impacts.

ADJOURNMENT Meeting adjourned at 5:25 p.m. The next regular meeting of the Conceptual Development Advisory Committee is Wednesday, May 14, 2008.

Prepared by:
_________________________________________
Bud N. Lortz, Director of Community Development
cc: Planning Commission Chair
N:\DEV\CDAC\MINUTES\2008\4-9-08.cdacmin.doc

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ITEM NO. 9.
36 Southwood Drive | Orinda, California | 94563
www.RockwoodPacific.com
January 6, 2022
Ms. Melanie Hanssen, Chair
Los Gatos Planning Commission
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE: Letter of Justification
Rebuild of Los Gatos Meadows
Dear Ms. Hanssen:

Included in this letter is the justification for the efforts of Covia Communities to rebuild Los Gatos Meadows (the “project”), the 10.84-acre site located at 110 Wood Road (APN 510-47- 038) at the intersection of Wood Road and S. Santa Cruz Avenue in Los Gatos.

Due to the amount of material covered, for ease of navigation, this letter has been organized by major topics. We have also attached the following documents to assist in your review:
 Listing of specific applicable goals/policies in the Los Gatos 2020 General Plan Related to the Project (Appendix A);
 Planned Development Ordinance Findings (Appendix B);
 Project Compatibility with General Plan and Zoning Code (Appendix C);  Listing of Meetings with Neighbors and Community (Appendix D); and  Listing of Communications (Appendix E).

I. Overview of the Process
Our Los Gatos Meadows rebuild efforts were initiated in 2008. We engaged in preliminary review with Town Staff and the Conceptual Development Advisory Committee (“CDAC”) during this time. As such our justification letter includes responses to comments we received at the “CDAC” and Town Staff review meetings held in 2008. Shortly following these meetings, Covia made the difficult decision to put the project on-hold given uncertain economic and market conditions stemming from the Great Recession. From 2008-2018, the project was inactive.

EXHIBIT 8

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In 2018, Covia re-initiated discussions with the Town staff about proceeding with redevelopment of the project site. Other than the declining physical condition of its buildings, no substantive site conditions had changed, and no further site planning had commenced since 2008. Site development topics and challenges identified by Town Staff and CDAC are as similar today as those expressed in 2008. Thus, re-initiation focused on respectfully addressing applicable prior CDAC and Town Staff comments; picking up where we left off, and not starting the process anew.1
To this end, we have spent the last three years participating in community outreach efforts with our former residents, neighbors, stakeholders, local business community members, and community residents to understand the concerns and needs specific to senior housing on this site (see Appendix D and E for details). Covia Communities has carefully considered and integrated this input as we have developed our site plan to rebuild Los Gatos Meadows.

Furthermore, we have focused on how our project complies with the Town’s 2020 General Plan, the Sustainability Plan (2012), and the direction of the current General Plan Update process (2040).

Responses to CDAC Feedback on Prior Site Proposals
In 2008, when rebuild efforts were initiated, Covia met with the Town Planning Staff and CDAC Committee Members. This allowed for introduction, exploration, and feedback of the proposed rebuild project, creating an open discussion for comments and concerns. During the CDAC meeting, the committee members provided valuable feedback regarding project compatibility with the General Plan, building height and massing, architectural design, impacts on trees, and construction impacts. The feedback on these items was taken with great seriousness and the project has since been redesigned in accordance with the committee’s concerns.

Specifically, the CDAC recognized the need to modernize the Los Gatos Meadows complex and supported the senior residential use of the facility. The CDAC hoped to improve the walkability of the Farwell Lane connection, since the current connection is overly steep for seniors. As part of the project, Covia has included an autonomous vehicle alternative transportation solution as the means by which to address the steep slope at Farwell Lane, while enhancing connectivity and mobility between Los Gatos Meadows and Broadway. This project feature enables both safe and convenient access for residents to connect to downtown Los Gatos. The project would also incorporate a below grade parking level, a reflection of the CDAC comments regarding potential parking garages. The CDAC also expressed concerns with traffic. Covia has studied the site circulation and access accordingly, and as a result has made some substantial modifications to site circulation and parking. The proposed site plan 1 CDAC recommended that the project include below market price units. In our assessment, California Health and Safety Code section 1569.147(b) is applicable to the proposed rebuild project and prohibits the imposition of rent regulations or controls for licensed care facilities for the elderly. Furthermore, we note the current proposal does not involve an increase in the number of units or staffing levels above those reflected in the current entitlements, and therefore does not result in impacts generating an increased need for affordable housing.

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provides for an efficient on-site circulation pattern and increases the availability of parking to minimize the likelihood of spillover parking onto neighboring streets.

While the property is not located in the area subject to the hillside ordinance, the CDAC suggested that the spirit and intent of the hillside guidelines should be applied within the design of the project. To that end, the project would result in the reduction of the development pad of over a fifth of an acre and a corresponding increase in overall open space (from 75.4% to 77.5% of the project site), which would generally be consistent with the hillside design guidelines. In addition to this, the proposed buildings would not be visible from any viewing platforms and would be stepped with the hillside slope, limiting overall visual impacts throughout the Town of Los Gatos. The project would align building roof lines with the contour of the hill and incorporate smaller roof components, minimizing the contrast between buildings and the existing environment. The project would also conserve the natural features of the topography. To that end, the project would have generous replacement of mature trees and vegetation and would use natural materials for drainage and retaining walls.

Additional Outreach
Since re-initiating our rebuilding efforts in 2018, there have been several meetings with various Planning and Public Works staff to clarify and confirm the proposed architectural concepts and treatment of off- and on-site conditions, and to address specific technical challenges.

In March of 2018, the project team hosted the first of eight neighborhood open house meetings at Los Gatos Meadows to inform neighbors about the rebuilding process and to solicit their input and feedback. To further facilitate dissemination of information to the community, the project team produced a video summary update and circulated the link to this video update. The video update can be accessed from the Los Gatos Meadows page of the Covia web site: https://covia.org/los-gatos-meadows/
From 2018 through early 2021, the project team met with each council member at least once.

Furthermore, in the spirit of community engagement and to commence the development of a “Town Integration” project, over the last two years, the project team has conducted over twenty in-person meetings with local businesses, associations, and interest groups (see Appendix D and E for details). Feedback from neighbors, council members, and other community leaders included concerns and comments on building/site design, parking and circulation, visual impacts, and safety, which were accounted for during the formation of the site plan and project. The project design reflects the concerns of not only the Town, but also the broader Los Gatos community.

II. Summary of Key Proposed Project Attributes
The proposed rebuild project involves the redevelopment of the 10.84-acre site with a senior living community that would replace the existing Los Gatos Meadows senior living community. The project would include a total of 174 independent residential apartments plus 17 supporting care units. The project, a Continuing Care Retirement Community (CCRC), will be licensed as a Residential Care Facility for the Elderly (RCFE) under the California Department of Social Services. The project would be restricted to persons age 62 and older

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and would provide 24/7 assisted living services to the residents. The project would provide coordinated health care services, including 17 supporting care units. These proposed services would be similar to the use offered in the previous community. An estimated 120 full time equivalent (FTE) employees would be anticipated with the project; this is commensurate with the number of employees onsite prior to the closure of the facility in late 2019.

Site improvements would include on-site amenity areas, an enhanced fire access (loop) road, parking, new landscaping, a variety of energy efficient and sustainable interior and exterior building elements and improved emergency access.

Parking for residents, staff, and visitors would be provided within a new structure which would include 78 standard, non-tandem parking spaces of which approximately 30 would be near the garage entrance and the balance on the main parking level. All surface parking is proposed to be eliminated, improving fire circulation. If needed, Covia would be able to increase the parking capacity to 220 spaces by implementing a valet parking service.

Approximately 77.5 percent of the site would remain as open space, which is greater than the

75.4 percent under the existing permit condition. The project site layout, building orientation and articulation, use of open space and building materials have been designed to focus on being visually compatible with the surrounding area and to inspire a natural biophilic environment.

Site improvements would require demolition of all existing site improvements. The project is anticipated to be built over a period of approximately 26 to 30 months. Demolition of the existing improvements is expected to require approximately four (4) months.

As described in the paragraphs that follow, the project would fully comply with all applicable Town General Plan Goals and Policies, as well as applicable standards and guidelines established by the Municipal Code.

III. Current Improvements / Current Residential Planned Development Approval Los Gatos Meadows, a CCRC owned and operated by Covia Communities, was originally developed as a CCRC and opened in 1971. The objective then, and now, is to provide seniors a place to age in place, living independently in the Los Gatos Community.

The site is currently developed with 10 residential buildings, which include a total of 205 independent residential apartments and support care units. The facility includes a dining and commons building, an infirmary, garage and services building, a multi-purpose building, and two cottages. There are 130 existing parking spaces onsite (85 within the existing structure and 45 surface parking spaces) and staff and visitors also use nearby neighborhood street parking, leased commercial space parking, and a public parking lot due to lack of parking availability on-site.

In March 1968, the Town of Los Gatos adopted Ordinance NO. 938, which rezoned the 10.84 project site to Residential Planned Development (R:PD). In 2018, the R:PD Ordinance was amended (Ordinance 2273). The Town Code 29.80.120 provides that amendments to a PD

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approved both prior to and after the adoption of this Division may only be considered under this Division and its provisions and must meet the requirements set forth in the amended Ordinance. A R:PD ordinance was in effect prior to the adoption of the amendments to the Town’s PD regulations in 2018; that prior ordinance will continue to apply. However, as part of our request to rebuild the existing Los Gatos Meadows facility, Covia Communities seeks a new Planned Development permit. While our current PD Permit remains valid, per Section

29.80.120 of the Town Municipal Code, we recognize the need to update the permit to reflect our desire to rebuild on the current site2. The site’s proposed density of 16 dwelling units per acre is below the General Plan’s maximum density limit of 24 dwelling units per acre allowed for the site3. The term “dwelling units” relates to independent residential apartments, not to the supporting care units, consistent with the interpretation of dwelling units under the original PD Permit. A comparison of the proposed project to the existing PD permit conditions is provided in Table 1 below.

Table 1: Comparison of Planned Development (PD) Permit Conditions Permit Condition Original 1968 PD
Permit Condition
Proposed Rebuild Project
Site Coverage 24.6% 22.5%
Dwelling Unit Density 18 units per acre 16 units per acre Total Number of
Residential Apartment
Units4
184 174
Total Units Permitted 222 191
Open Space 75.4% 77.5%
Building Setbacks from
property line5
Front: 20’-0”
Side: 15’-0”, 27’-0”
Rear: 15’-0”
Front: 34’-10”
Side: 40’-10”, 60’-0”
Rear: 32’-11”
Parking6 111 parking spaces 78 non-tandem spaces
2 Section 29.80.125 of the Town Municipal Code states that any change in the activities conducted on, or any new construction in such PD or RPD zone, is subject to the regulations of this division. 3 The General Plan land use designation of Medium Density Residential allows for a maximum density of 12 dwelling units per acre. However, consistent with density bonus laws in the State of California, General Plan Action HOU-1.3 provides up to a 100 percent density bonus for developments that include housing for elderly households. Further, according to the existing entitlement (adopted by Ordinance No.938 on March 4, 1968), the project site has an allowed maximum density of 24 dwelling units per acre. As such, the 10.84-acre site would allow for up to 240 dwelling units.
4 184 units is the number of residential apartment & cottage units allowed; total unit count including skilled nursing beds permitted is 222 total units.
5 Minimum building setbacks are not specified under the 1968 entitlement. Table 1 includes setbacks under the current and proposed condition.
6 Prior to closure, Covia utilized a valet parking service and a portion of vehicles were parked in a tandem configuration. If needed, Covia would be able to increase the parking capacity to 220 spaces by implementing a valet parking service.

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Table 1: Comparison of Planned Development (PD) Permit Conditions Permit Condition Original 1968 PD
Permit Condition
Proposed Rebuild Project
Height7 Predominantly 2-story with
some basement or below
grade space for infirmary,
parking, storage and
mechanical. Heights vary
between 30’-9” and 55’-2” ±.
3-5 stories with below grade
space for parking, storage
and mechanical. Heights
vary between 59’-0” and 85’-
6” feet.

Architecture Residential Residential
Recent Site Closure
In February 2019, after undertaking a rigorous facilities assessment by a third-party firm on the condition and physical status of its buildings, Covia concluded that continuing operations of the 48-year+ old facility in its present form presented too great a risk to its residents. Of the numerous conditions reviewed during the assessment, compromised accessibility for fire response services and other fire safety issues, inadequate building systems, aging infrastructure, and the accumulated risk of all other operational and structural factors led to this decision. Thus, Covia initiated a months-long closure and transition process to ensure that these risks would not cause harm to the residents of Los Gatos Meadows. As of September 30, 2019, all residents of Los Gatos Meadows had found new homes, with a vast majority of life care residents either moving to another community owned and operated by Covia Communities or moving to a non-Covia community but retaining their life care contract with Covia. Covia initiated wind down procedures and provided relocation and transition assistance in compliance with all applicable laws and regulations, and in a manner consistent with its philosophy of care and sensitivity to all residents.

Though Covia has completed the closure process, Los Gatos Meadows continues to be staffed to provide on-going maintenance and security of the property. The Planned Development Permit for the site remains in effect, and the existing facilities legally could be re-occupied after completion of seismic and fire safety retrofit work. Covia prefers, however, to rebuild on the site to provide modern facilities that will include the types of amenities that benefit seniors and better serve the Los Gatos community.

To further mitigate the existing fire safety issues, Covia submitted a Tree Management Plan and request for Tree Removal Permit to the Town of Los Gatos on September 26, 2019. The tree management recommendations are based on fire safety, sudden oak death (SOD), species invasiveness and tree risk. Phase 1 of the Tree Management Plan identified recommendations for removal of 44 trees based on the following criteria: (1) they disproportionately contribute to fire risk or are invasive and (2) based on their health, structure, and condition, they do not contribute to site screening between properties. Fire risk and invasive trees are the most 7 At the main entrance, the proposed elevation (in feet above mean sea level) is 488.0 in comparison to existing elevation of 491.2 (3.2 feet lower); the terrace level of the proposed project is at an elevation of 505.0 in comparison to the existing elevation 512.8 (7.8 feet lower).

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imminent risk for the site. Los Gatos Meadows has been closed, in part, due to fire risk.

Limiting the spread of invasive species to other portions of the site and neighboring sites is time sensitive as well. The permit, which is independent from the proposed rebuild project, was approved on December 5, 2019; applicable trees were removed in early 2020.

IV. Analysis of Specific Project Attributes
The project is expected to provide numerous benefits to the community. Furthermore, in response to comments from the Town from the January 22, 2020 application, we have provided additional information on several specific attributes of the project. This section is organized into the following subsections:

A. Relationship to Hillside Design Standards and Guidelines B. Building Massing, Open Space and Views
C. Building Materials
D. Building Heights and Visibility
E. Landscape Character
F. Distances to Immediate Neighbors
G. LEED Certification
H. Parking
I. Height of Retaining Walls
J. Fire Safety
A. Relationship to Hillside Design Standards and Guidelines (HDS&G) In 2008, CDAC noted that the HDS&G are not directly applicable to this site, but requested that the site be rebuilt in the spirit of the HDS&G. The spirit of the HDS&G is best defined by the Vision Statement found in the bullets of the introduction in the HDS&G, page 6:
 Maintains the existing open, wooded, rural character;  Is in harmony with the natural setting;
 Conserves landforms and other features of the natural landscape;  Preserves wildlife habitat and movement corridors; and  Protects and preserves viewsheds and the ridgelines of the mountains.

While the project site is not within the Hillside Zone, the spirit of the HDS&G is integrated into the project by incorporation of the following:
 The buildings step up the hillside so that the building mass responds to the topography of the site.
 Breaking the project into individual buildings of varying heights with space between each building allows the community to best achieve a residential scale to fit within the open, wooded setting.
 Selecting a muted and varied natural toned palette of exterior materials allows the project to harmonize with the natural setting.
 Minimizing the overall construction footprint with compact building forms and the placement of all parking underground allows for an exceptionally efficient site

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coverage ratio, thereby maximizing the retention of undisturbed sensitive landforms and native vegetation.
 Replacing an obsolete land/building plan with a new community of lesser overall footprint, enhanced storm water management systems, state-of-the-art building materials/systems, and sufficiently scaled underground parking will minimize impacts to wildlife habitat and movement corridor.
 Stepping the buildings into the hillside, minimizing the dimensions of the Townfacing buildings, investing in saving existing trees per the arborist plan, and presenting a carefully developed scale to the Town, residents, and visitors will preserve viewsheds and have no impact on hillside ridgeline profiles.

In 2008, the CDAC also requested that the buildings step with the hillsides. To this end, and in keeping with the spirit of the Hillside Guidelines, the proposed Ground Level is three feet lower than existing, which serves to minimize the impact on the community when viewed from Town. Furthermore, by placing all parking underground and with buildings grouped above and around green roof courtyards, the resulting compact footprint of the community minimizes the disturbed area of the special hillside setting. Additionally:
• The building in the northeast corner that cantilevers over the hillside is being replaced by a building that sits 45 feet further from Broadway. • The increased distance to the neighbors and loss of the two buildings along the east side of Farwell Lane will allow for planting of additional trees that will help shelter the building mass with a strong tree canopy.

B. Building Massing, Open Space and Views
• New buildings are designed as a series of separate buildings surrounding courtyards rather than a monolithic building mass. This design breaks up the massing visible from public vantage points in Town. Additionally, the building facades step in and out to eliminate the potential for a large unbroken facade.

 The overall development footprint is smaller than the existing building footprint; the buildings closest to the neighboring properties have been pulled back to create greater physical distance between buildings.
 The design protects the oak woodland at the rear of the site thus respecting the spirit of the Town’s hillside and tree preservation policies; to achieve this, greater heights are necessary to achieve a similar number of units.
• The massing of the new community steps up the hillside and, as a result, the buildings at the rear of the site will not be visible from the Town below. In addition to the buildings stepping up the hillside, individual buildings also respond to the views from the Town by pulling the top floor of the buildings back from the façade facing the Town to reduce the impact on the views from the Town. See Section D. Building Heights and Visibility.

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• The distance between many of the existing buildings is 15 – 24 feet; separation between new buildings varies between 27 – 38 feet with a few buildings placed even further apart. This allows for views to be created between the buildings to the hillside.

These views do not exist today.
• Airflow and breezes up and down the hillside will be facilitated by these breaks between buildings.
• The utility of the open space for residents in the courtyards is improved in part due to the dimensions of the Village Green and Town Square and in part due to the elimination of the existing “light well” that is currently situated near the proposed Village Square.
 There is a visual and experiential quality to the design that is articulated through the building placement and open space layout. This quality is best expressed by:
 Better views extending out from all directions so that the natural setting and environmental systems are brought into and integrated with the building clusters;
 Orientation of the eight villas respects the natural setting. The villas are surrounded by either the Village Green or Town Square where residents can come together as one community to interact, socialize or to simply enjoy the site environs;
 The absence of long-term surface automobile parking spaces facilitates a greater visual focus on the oak woodlands and the surrounding landscape; and,
 The creation of varying open spaces accommodates a wide range of activities, from large areas for large group gatherings to smaller, more intimate spaces cultivating individual passions, and reinforcing the feeling of a community.

C. Building Materials
The materials used on the building facades have been selected based on their ability to blend with the natural setting and minimize the visual impression of the building heights. Qualities of materials important to emphasize:
• Materials are darker in tone to blend with the natural environment of the hillside and trees, moving from the current, reflective color palate to one that is visually absorptive.
• The colors are varied with natural browns, greens, and tans to evoke a natural palette of soft colors, which mimic their natural setting.
 The materials vary in type both horizontally and vertically along the facade to help break up the mass of the building.

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 Stone is used at the base of the building facing Los Gatos to root the building in the natural landscape.

D. Building Heights and Visibility
Aesthetically and architecturally, the heights of buildings are varied based on their location in relationship to visibility from Town, neighboring properties, and site topography.
 Building heights are varied to create more architectural/visual interest and variety when viewed from publicly visible vantage points. The variation created by individual villas reflects a more residential character rather than an institutional character conveyed by a single structure with long, unbroken roof lines.  Building units and heights are sized to provide greater “independent” living space.

 Market research has shown that larger units with usable balconies are most desired. The square footage that can fit into the Town’s residential or commercial height limit(s) would either result in one long uninterrupted building mass, or far fewer units. We believe that the view of one continuous building when viewed from the Town or from neighboring properties does not fit the spirit of the Hillside Development Standards and Guidelines or the character of Los Gatos. In senior living communities, a minimum number of units are necessary to provide operational efficiencies, programming, and a sense of community; the project is at the lower end of this critical number. Reducing the number of units neither works operationally or socially, nor does it meet with the intent of providing a similar number of units that existed prior to closure.
 Unit configurations and corresponding heights allow for appropriate COVID19 protective measures. The smaller, but taller buildings (with fewer units in each building) vs a long continuous shorter building are better suited in a post-COVID world for several reasons:
 Fewer residents using the same common elevators: the design includes an elevator for every building. This allows buildings to be separated functionally, providing for fewer residents in any single building and allows the units to become the place where residents can self-quarantine.  Most units have usable balconies, providing residents a place to be outside during a pandemic, thus providing natural ventilation and mental/emotional relief from quarantine restrictions.
 The increased square footage of common space allows for multiple dining venues which are critical to allow for socially distanced dining.

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 The most visible building from public view is at the corner of Wood Road and Farwell Lane. It is the shortest building on the site and is only 12 feet higher than the existing building in this location.
 Heights of buildings above the terrace level vary from 3 stories to 5 stories. The height of the new terrace is 7 feet lower than the existing terrace which reduces overall building heights.
 Buildings along the front of the site visible from the Town are the lower 3 and 4 story buildings on all front facades, (though some step up to 5 stories away from the front façade).
 To minimize the number of stories visible from Town, buildings step down a story in height on the side facing Town. This means that the upper floors of the buildings are hidden from the views below, and only the shorter side is visible from the Town.  The buildings in the back of the site are nestled into the hillside. Three of these buildings have two stories benched into the hillside. The roofs of those buildings are effectively one story above the access road immediately behind them.  With the buildings stepped into the hillside only the top three floors of many of the buildings are visible from Wood Road above. The hillside behind these buildings continues to slope up so the roofs of the buildings are only slightly higher than the level of the access road above.
 The corners of the buildings have balconies which serve to erode the mass of the buildings when viewed from the Town. This results in the front elevation appearing more narrow than actual dimensions.
 While the increased building height will affect what some neighbors will see, the buildings are not expected to cast shadows on neighbors nor materially affect their vistas.
[Refer to Project Application Plan Sheets A406-A408, Visual Simulations for exhibits specifically related to the above comments].

E. Landscape Character
The landscape character has been carefully articulated to highlight, enhance, and nurture a strong sense of community.
 The landscape builds on and celebrates the existing character of the site. The layout plan and corresponding plant palette have been carefully designed and selected to increase habitat benefits, improve water quality, and integrate with the existing horticultural character, creating a better environmental fit and fitness than exists today. It is what Covia has been referring to as “biophilia”.

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 The landscape creates a far superior environment for fire resistant conditions.

Unlike existing conditions, the genus species, the location, and the landscape pattern will be designed for fire protection.
 The landscape offers experimental value for the resident such as seasonal color changes, shade from the sun, and opportunities to pick an orange from a citrus tree.

F. Distances to Immediate Neighbors
Buildings are placed further from the neighbors than current buildings.  The buildings closest to the neighbors are now set back much further from the adjacent, neighboring buildings.
 The building closest to Wood Road would be 18 feet further away from Wood Road than the current Los Gatos Meadows buildings, thereby reducing the effect of the increased height. Also, the distance from the neighboring townhouses to the north of the improvements is 30 feet further than to the existing Los Gatos Meadows buildings.
 The two buildings along the east side of Farwell Lane (closest to Town) are to be removed and are not being replaced.
 The building in the northeast corner that cantilevers over the hillside is being replaced by a building that sits 45 feet further from Broadway.  The increased distance to the neighbors and the loss of the buildings along Farwell Lane will allow for planting of additional trees that will help shelter the building mass with a strong tree canopy. The combination of new trees and landscaping in the additional setback from the neighboring buildings will shield much of the new buildings when viewed from the neighboring properties.

G. LEED Certification
In 2008, CDAC indicated that the project should obtain Leadership in Energy and Environmental Design (LEED) certification. Since 2008, there have been many changes to environmental standards. As in many areas related to environmental regulation and stewardship, the State of California’s environmental standards generally surpass those of many other regions of the country in terms of regulations, standards and practices related to sustainability. Notably, many of the policy goals of the California Green Building Code, as well as the mandatory code requirements, overlap with those of independent certification systems such as the LEED certification system. The project will be subject to the most recent and rigorous update to the Cal Green Code, the 2019 Cal Green Building Standards Code (effective Jan 1, 2020), or the standard code in effect at the time of project entitlement. The project is also subject to applicable communitywide greenhouse gas emission reduction measures in conformance with the Los Gatos Sustainability Plan.

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The project has been designed to be highly responsive to site context and to some of the specific sustainability priorities of the Town.
 In line with the community wide goals of the Town Sustainability Plan, Green Building Certification may utilize either the GreenPoint Rating System or LEED. The GreenPoint Rating Checklist submitted with our development application package clearly demonstrates that the project comfortably exceeds the required point totals for all five of the rating categories, including: Community, Energy, IAQ/Health, Resources and Water.
 As detailed above, the project adheres to the spirit of the Hillside Development Standards & Guidelines by minimizing site disruption and vehicle impacts, and use of compact, energy efficient building forms demonstrates a heightened commitment to sustainability and environmental goals on this sensitive site.  A commitment to sustainable innovation is woven into the project in ways both subtle and apparent including the electric autonomous vehicle supplemental transportation system that will connect the community to the Town, a state-of-the-art care model for greater resident and staff satisfaction and health, noncombustible construction materials, and enhanced fire access and life safety systems that benefit both residents and surrounding neighbors.

Based on the sustainability components integrated into the project design, coupled with those elements required as part of the Cal Green Building Code, providing LEED certification would be both redundant, and prohibitively costly given third-party requirements to verify and monitor LEED compliance. In discussions with neighbors and potential residents, strong interest was expressed for recycling, access to natural light and energy efficiency.

Accordingly, the design team has prioritized sustainability attributes that are not only compliant with the California Green Building Code but are also highly responsive to site context and the specific priorities of the local community. We are confident that our sustainability approach to the site achieves the overarching goals of the LEED program without triggering a redundant and costly certification process.

H. Parking
Seventy-Eight (78) standard parking spaces as required by the Town Code are indicated on Sheets A100 and A101 (A-C) included in Covia’s current application submittal package. If necessary, by employing a valet parking service approach, the current design readily permits Covia to park up to 220 cars on the parking level.

I. Height of Retaining Walls
Planning staff has requested that we provide greater justification for why our retaining walls will need to be taller than 5 feet. We have added sheet C103.1 to our resubmittal that illustrates detailed site sections with wall heights up to 24 feet to show that we are using grading to the extent practical to reduce wall heights. The walls in excess of 5 feet in height are required to create flat areas to provide bioretention and in some cases are required for

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the express purpose of reducing grading that would impact trees and otherwise undisturbed areas. Proposed walls are stepped with shorter walls under 5 feet adjacent to useable areas.

The shorter walls incorporate planter pockets that will reduce the perceived scale of the taller walls and will include taller plants for additional screening.

J. Fire Safety
Covia has reviewed the Ad Hoc Wildfire Committee Report Action Items, as presented to Town Council on November 20, 2020. Fire safety and minimizing fire risk are one of the primary goals of the project as expressed in our Project Description, dated January 21, 2020.

Based on the Ad Hoc Wildfire Committee Report Action items, the project is consistent with the five goals identified in the Ad Hoc Committee’s Report related to minimizing the wildfire risks and impacts associated with those risks to the Los Gatos community, including:

 Emergency Communication
• Emergency Evacuation
• Roadside Fuel Reduction
• Open Space and Residential Land Management
• Emergency Partnerships

In furtherance of the above Wildfire Ad Hoc Committee goals, the Project Applicant has committed to assisting the Town in achieving its prioritization of the following action items:
 Maximizing the use of an emergency alert system to ensure that communication systems are fully utilized; the project would utilize technology platforms to ensure Los Gatos Meadows stays connected during possible emergencies.  Increasing the use of social media platforms for emergency communications.  Exploring additional non-cell/internet reliant emergency communication onsite (such as a siren system) in furtherance of enhanced emergency communication.  Assisting SCCFD with their Ready, Set, Go Programs in Town.  Assisting the Town by providing an additional alternative evacuation route via Farwell Lane and provision of a continuous loop road around the project site.  Incorporating annually simulated evacuations within the Emergency Evacuation Plan once operational.
 Mapping private roadways within the project pursuant to the Roadside Fuel Reduction goal.
 Utilizing appropriate planting including fire retardant xeriscape plant species, particularly in recommended defensible spaces.
 In conjunction with residents, implement an appropriate vegetation management plan.

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 Assisting the Town with exploring partnerships with SCCFD fuels crews and defensible space inspectors.
 Assisting the Town with pursuing Firewise USA® site status to satisfy homeowner insurance requirements.

While the Project Applicant recognizes that the actions noted above have not yet been memorialized in Town policy, but rather, are being considered as part of the General Plan Update process, the above action items have been contemplated as part of the overall project design, site layout, project features and elements and/or overall Project operations.

V. Benefits to the Community
We believe the benefits of the project to the Los Gatos community are substantial, and critical in meeting the needs of the broader senior community.

The project would further the Town’s Human Services Element by revitalizing Los Gatos Meadows and continuing its role as a healthy, contemporary independent senior living community that connects seniors with existing resources in the community, encourages social interaction, improves mobility, and ensures a safe environment for Los Gatos seniors.

The project would provide a mix of different unit sizes and varying levels of care that respond to the needs of an active, aging community. The project would incorporate outstanding health care services, recycled and sustainable building materials, and energy efficient operational systems.

The proximity to nearby stores and services, such as the US Postal Service, Old Town Los Gatos Shopping Center, and Los Gatos Theatre, provides residents with opportunities to participate in social, recreational, educational, and shopping activities all within a close distance. The dining area would include a demonstration kitchen for local restaurants to showcase their offerings on a rotating basis, facilitating greater Town integration with the Los Gatos Meadows community.

The project would result in no increase in the number of total units currently entitled or occupied up through September 2019. As a result, the project would not generate substantial new vehicle trips. There would be a modest redistribution of trips from Farwell Lane to Wood Road and Santa Cruz Avenue, though even with this redistribution, level of service would remain at an acceptable level of service (LOS B). Furthermore, the project would improve on-site circulation and alleviate spillover parking experienced under the prior site plan by creating additional parking spaces and decreasing the need for on-street parking in nearby neighborhoods. Importantly, the project would provide enhanced fire access in the area for fire personnel/equipment for fighting on-site and nearby fires and enhanced emergency access for neighbors living uphill of the Meadows in the event that Wood Road is closed to access.

The project would also improve the integration of the site with the broader Los Gatos community by closing Farwell Lane to through traffic and transitioning this pathway connecting Los Gatos Meadows and Broadway into a naturally landscaped, pedestrianPage 383 Page 563 ITEM NO. 9.

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friendly connection to downtown Los Gatos. The conversion of Farwell Lane into a pedestrian and bicycle lane would improve safety for vehicle and pedestrian interaction at the intersection of Farwell Lane and Broadway. The project would continue to use the existing driveway on Wood Road for access to the parking entrance, main entrance, and loading entrance, providing safe and efficient access to the site. The project would result in the construction of a parking structure that would include 78 standard parking spaces. If needed, by employing a valet parking service, the parking capacity in the parking structure could be increased to 220 parking spaces. Furthermore, the project would incorporate a dedicated area for fire access, which would be located on the western side of the property.

One of the extraordinary elements of the project is the planned implementation of an autonomous vehicle alternative transportation solution along Farwell Lane to enable a safe, convenient, and alternative means of transporting residents between the Meadows and Town retail, entertainment, and civil services. This element of the project will enable both safe and convenient access for residents to connect to Downtown Los Gatos. The project would consider Aurrigo, a vendor of autonomous vehicles, to provide this alternative transportation solution.

While difficult to gauge precisely, the combined effect of facilitating pedestrian, bicycle and self-driving vehicles on Farwell Lane is expected to materially reduce the number of total vehicle trips to and from the community.

From an environmental perspective, the building design would provide a more energy efficient and healthy environment for prospective residents. Upgraded and energy efficient buildings would assist in further reducing the current carbon footprint by minimizing energy load, enhancing the number of large shade trees, modernizing energy operations/systems, increasing the amount of landscaped space, and improving irrigation efficiency.

VI. Request for Planned Development (PD) Entitlement
This project request is for approval of a new Planned Development Overlay permit. The project complies with the Town’s existing PD zoning for the property, as shown in Table 1.

The project does not require any variance or exception to any rule, code, or regulation and meets the basic requirements under the existing zoning permit related to site coverage, density, open space, and parking.

The project would not impair the integrity or character of the zoning district and would not result in any additional independent residential apartments, additional supporting care units nor additional staff. The operations of the Project would have hours and staffing consistent with the most recent prior use and would result in an estimated 120 full time equivalent (FTE) employees. As noted above, proposed site coverage, unit count, open space and parking are all consistent with the current PD permit in place today (refer to Table 1). Project building heights have been articulated to protect views from adjacent properties ensuring compatibility with the neighborhood (refer to Visual Simulations, Section “C” of the project development application submittal).

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Los Gatos City CouncilFebruary 4, 2025

Los Gatos City Council
February 4, 2025