ITEM NO. 8.
Principal in Charge
Christina Dikas Brobst
California College of the Arts CEQA Technical Report
Potrero Power Station Historic Resource Evaluation
Deer Hollow Farm Historic Resource Evaluation
RESUMES /
EDUCATION
University of Virginia, Master of Architectural
History, Certificate in Historic Preservation,
University of California, Los Angeles, Bachelor
of Arts in Sociology, Minor in Museum Studies
CERTIFICATION
AICP Certification
AFFILIATIONS
California Preservation Foundation, Former
Member of Board of Trustees
San Francisco Architectural Heritage, Member
American Planning Association (APA), Member
Association of Environmental Professionals
(AEP), Member
Christina is an Architectural Historian and Principal of Page & Turnbull’s Cultural Resources Planning Studio. With her extensive expertise in surveying, researching, and evaluating historic properties, Christina stands out for her exceptional communication skills and keen sensitivity to clients’ needs, prioritizing flexibility and open dialogue. In her work, she values the sense of place, historical perspective, and sustainability inherent in cultural resource management and historic preservation. As a Principal, she has led the majority of Page & Turnbull’s largescale survey projects, and conducted numerous Historic Resource Evaluations (HREs), CEQA documentation, Section 106 Technical Reports, General Plans, Specific Plans, Design Guidelines, and other planning documents. She has also developed and managed a number of interpretive programs, which typically are required as an outcome of CEQA review. Christina meets the Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61) for Architectural History.
RELEVANT PROJECT EXPERIENCE
à CityView Plaza CEQA Historic Resource Mitigation. San Jose, CA à Mt. Umunhum CEQA & Section 106 Consultation. Santa Cruz Mountains, CA à San Francisco Department of Public Works Environmental On-Call. San Francisco, CA à San Luis Obispo Environmental On-Call. San Luis Obispo, CA à California Department of General Services Real Estate Division CEQA On-Call. CA à Fremont On-Call Historic Preservation Services. Fremont, CA à East Agnews CEQA Mitigation. San Jose, CA
à Potrero Power Station CEQA Historic Resource Mitigation Measures. San Francisco, CA à California College of the Arts Oakland Campus CEQA Technical Report and EIR. Oakland, CA à San Bruno Veterans Memorial Recreation Center CEQA Cultural Resource Mitigation Measures. San Bruno, CA
à Palo Alto Historic Preservation On-Call Consultations. Palo Alto, CA à PG&E Headquarters Preliminary Evaluation Memorandum. San Francisco, CA à Stanford Research Institute Campus CEQA Project Analysis, Preservation Alternatives Analysis, and Historic Resource Evaluation. Menlo Park, CA à Potrero Power Station CEQA Project Analysis, Mitigation Measures, and Historic Resource Evaluation. San Francisco, CA
ITEM NO. 8.
RESUMES /
Project Manager
Stacy Kozakavich PhD, RPA
EDUCATION
University of California, Berkeley, Ph. D,
Anthropology
University of Saskatchewan, Master of Arts,
Anthropology and Archaeology
University of Saskatchewan, Bachelor of Arts,
Anthropology and Archaeology
AFFILIATIONS
Professional Archaeologist No. 433620
Society for Historical Archaeology
California Preservation Foundation
Oakland Heritage Alliance
VA Medical Center Section 106 Consultation
Moffett Federal Airfield Section 106 Consultation
India Basin (900 Innes)
EDUCATION
University of California, Berkeley, Ph. D,
Anthropology
University of Saskatchewan, Master of Arts,
Anthropology and Archaeology
University of Saskatchewan, Bachelor of Arts,
Anthropology and Archaeology
AFFILIATIONS
Professional Archaeologist No. 433620
Society for Historical Archaeology
California Preservation Foundation
Oakland Heritage Alliance
Stacy has worked as a historian and archaeologist in cultural resources management and planning for over twenty years, including more than ten years in California. She is experienced in the cultural resource review process for Section 106 and CEQA compliance, has successfully led and conducted archaeological field surveys and data recovery projects, material culture analyzes, historic resource evaluations, and project impact analyzes for a wide variety of property types. Stacy is a skilled researcher, and has conducted records searches and archival research at numerous repositories, undertaken oral history interviews, and enthusiastically seeks the stories of significant places in our midst. Stacy meets the Secretary of the Interior’s Professional Qualification Standards (SF 36 CFR Part 61) for Architectural History.
RELEVANT PROJECT EXPERIENCE
à 1431 Franklin Street CEQA Addendum. Oakland, CA
à California College of the Arts Oakland Campus CEQA Technical Report and EIR. Oakland, CA à 415 20th Street CEQA Addendum. Oakland, CA
à 5801 Christie Avenue CEQA Technical Analyses. Emeryville, CA à VA Medical Center Section 106 Consultation. San Francisco, CA à Moffett Federal Airfield Section 106 Consultation. Mountain View, CA à 900 Innes Avenue and 700 Innes Avenue Developments Section 106 Consultations. San Francisco, CA
à Fremont On-Call Services. Fremont, CA
à Santa Clara Valley Open Space Authority On-Call. Santa Clara, CA à San Luis Obispo Environmental On-Call. San Luis Obispos, CA à San Mateo Historic Preservation Planning On-Call. San Mateo, CA à Salinas Historic Preservation Planning On-Call. Salinas, CA à Fresno SPRR Depot Rehabilitation Section 106 and PRC 5024 Consultation. Fresno, CA à East Santa Clara and South 4th Street CEQA Technical analyses. San Jose, CA à 1111 Aladdin Avenue Evaluation. San Leandro, CA
à 1453 23rd Avenue CEQA Technical Analyses and Consultation. Oakland, CA à Touro University Building H1 Project Analysis. Vallejo, CA à 5725 Harrison Street CEQA Mitigation Measures. San Francisco, CA à Langsam Building CEQA Initial Study. Sausalito, CA
ITEM NO. 8.
SELECT TERM CONTRACT CLIENTS
City of Napa
City of Larkspur
City of Burlingame
City of Oakland
City of Fremont
City of Gilroy
City of Palo Alto
City and County of San Francisco
County of Alameda
County of Orange
City of Los Angeles
City of Santa Monica
City of Torrance
City of Ventura
City of San Diego
City of Long Beach
City of Riverside
City of Anaheim
City of Fullerton
San Francisco Department of Public
Works
California Department of Parks and
Recreation
Midpeninsula Regional Open Space
District
Monterey Peninsula Regional Park
District
Santa Clara County Department of
Parks & Recreation
Sacramento Housing and
Redevelopment Agency
University of California, Los Angeles
Judicial Council of California
US General Services Administration
US Department of State
With many of our public projects, we consider ourselves extensions of our client’s staff. Our collaborative spirit establishes effective working relationships with client administrative and technical staff, user representatives, sub-consultants, construction managers, and contractors. With 50 years of experience working with the civic agencies and departments, we have a keen understanding of how to successfully collaborate to realize a client’s goals while respecting schedule and budget.
When liaising with community groups and other stakeholders, we work with our clients to develop appropriate approaches. Examples include: developing Public Outreach Plans to educate as many residents as possible; assembling Advisory Groups; facilitating community meetings, workshops, and focus groups; conducting presentations to illustrate project alternatives and addressing comments in follow-up presentations. We use online community engagement tools to document stakeholders’ concerns and solicit feedback.
Page & Turnbull frequently performs on-call, as-needed services for various institutions and municipalities. As such, we have excellent working relationships with many local and state entities as well as a solid understanding of their review processes.
On-Call Term Contracts
Buena Vista Park Historic Resource Evaluation
RELEVANT PROJECTS /
ITEM NO. 8.
California College of the Arts CEQA
Environmental Impact Report
Consolidating operations to its San Francisco campus, Page & Turnbull provided research, evaluation, project analysis, and contributed to the CEQA EIR to review the redevelopment CCA’s Oakland campus.
Page & Turnbull prepared a comprehensive Historic Resource Evaluation for the site; evaluating 12 campus buildings and landscape features according to the eligibility criteria for the City of Oakland, California Register, and National Register. The site is eligible for the National Register of Historic Places and California Register of Historical Resources as a historic district, and includes the Treadwell Estate, which is a City of Oakland Landmark and is listed on the National Register of Historic Places.
As the California College of the Arts prepared to move all operations to its San Francisco campus, Page & Turnbull’s Cultural Resources Studio provided research, evaluation, and worked closely with City of Oakland planning staff and prime environmental consultant to prepare an EIR Cultural Resources chapter to analyze the impacts of a redevelopment proposal.
Location
Oakland, CA
Size
4 acres campus, 12 buildings,
270,000 GSF
Timeline
2019-2022
Scope
CEQA Technical Report,
Historic Resource Survey,
Historic Resource Evaluation,
SOI Standard Analysis,
Environmental Impact Report
Cost
$66,612
RELEVANT PROJECTS /
ITEM NO. 8.
Potrero Power Station CEQA
Historic Resource Services
The former industrial site is being reimagined as a vibrant waterfront neighborhood with a mix of residential, commercial, office, and art uses.
Potrero Power Station is a 29-acre former industrial site that was once the home to a variety of manufacturing companies and contains extant buildings related to PG&E’s gas and electric generation. The site is in the process of being redeveloped as a mixed use site with residential, commercial, office, PDR, and arts uses. Page & Turnbull initially was involved by producing a Historic Resource Evaluation for the buildings on the site, and has subsequently produced a Preservation Alternatives Analysis for the proposed project EIR and provided content for the Design for Development controls related to historic resources.
Page & Turnbull is currently working on a range of CEQA Mitigation Measure scopes of work, including HABS-style documentation (written report, photography, and measured drawings), video recordation, an interpretive and salvage plan, historic preservation plan, and construction monitoring, and managing related sub-consultants.
Location
San Francisco, CA
Size
42,000 sq ft
Timeline
2017-2021
Scope
Project Impact Analysis,
Preservation Alternatives
Analysis
Cost
$236,500
RELEVANT PROJECTS /
ITEM NO. 8.
Palo Alto Historic
Preservation On-Call
Page & Turnbull is contracted by the City of Palo Alto to provide On-Call Historic Preservation Consulting services.
Services included reviewing project plans for compliance with the City’s design guidelines, context-based design criteria, compatibility requirements, and consistency with the Secretary of the Interior’s Standards.
We prepare State of California Department of Parks and Recreation (DPR) historic survey forms and Historic Resource Evaluation reports. Additionally, we provide commentary on proposed projects to city planners and support the planners’ work in preparing analyses. We support city planning staff by attending Architectural Review Board or Historic Board hearings. During the course of our contract, we have worked on reviewing proposed projects or over 40 different properties, including residences in the National Register-listed Professorville Historic District and commercial buildings on University Avenue.
Location
Palo Alto, CA
Size
Citywide
Timeline
2016-2024
Scope
Historic Resource Survey,
Historic Resource Evaluation,
SOI Standard Analysis
Cost
N/A
RELEVANT PROJECTS /
ITEM NO. 8.
India Basin Park CEQA Historic
Resource Services
Page & Turnbull provided an array of preservation services for a historic boatyard site in southeastern San Francisco redeveloped for residential and commercial use alongside a new municipal park.
Page & Turnbull’s initial work included a Historic Resource Evaluation (HRE) to assess the historic status of properties within the 38-acre site and a Feasibility Study for the preservation of the Shipwright’s Cottage - a designated San Francisco landmark built in 1875. Subsequent project work involved the implementation of Cultural Resource Mitigation Measures required by CEQA, including HABS documentation, salvage, interpretive programming, a Historic Preservation Plan, and vibration monitoring during construction. In addition to our consultations, Page & Turnbull served as Preservation Architect for the rehabilitation of the Shipwright’s Cottage which now serves as a welcome center for the park.
The interior of the cottage has been thoughtfully curated to showcase the interpretive elements of historic tools, wallpaper, and salvaged artifacts. A robust interpretive program links adjacent buildings and cultural landscape features to the community of wood boat builders that were active at the shoreline site since the 1870’s.
Location
San Francisco, CA
Size
38 acres, 1,464 Sq ft cottage
Timeline
2015-2025
Scope
CEQA Mitigation Measures,
Historic Resource Evaluation,
Cost
$236,500.00
RELEVANT PROJECTS /
ITEM NO. 8.
References
1 CITY OF PALO ALTO
Steven Switzer, Historic Preservation Planner
650.329.2493 | [email protected]
City of Palo Alto On-Call Historic Preservation Planning Services Page & Turnbull has provided on-call Historic Preservation services, including HREs, DPR Forms, SOI Standards Review, Peer Review, and Character-Defining Feature Memorandums, for the City of Palo Alto since 2016.
2 CITY OF FREMONT
James Willis, Senior Planner
510.494.4449 | [email protected]
City of Fremont On-Call Historic Preservation Services
Page & Turnbull has provided on-call Historic Preservation services, including HREs, DPR Forms, SOI Standards Review, Peer Review, and Character-Defining Feature Memorandums, for the City of Fremont since 2015.
3 CITY OF MILL VALLEY
Steven Ross, Senior Planner
415.384.4895 | [email protected]
City of Mill Valley Historic Context Statement, Historic Resources Survey Update, and Historic Resource Evaluations
Page & Turnbull conducted archival research and reviewed extensive previous documentation to produce the Historic Context Statement, which provides a history of physical development in the city and an evaluation framework for understanding historic resources of various property types. We also conducted a survey update of properties previously identified as potentially significant, and we have prepared property-specific Historic Resource Evaluations and SOI Stanards Reviews for CEQA purposes.
REFERENCES /
ITEM NO. 8.
Fee Schedule
STAFF HOURLY RATES
Founding Principal $315.00
Principal $265.00-$305.00
Director $170.00-$245.00
Senior Architect / Senior Project Manager $225.00
Architect 2 / Project Manager $185.00
Architect 1 $155.00
Senior Designer / Senior Project Manager $195.00
Designer 2 / Project Manager $160.00
Designer 1 $135.00
Junior Designer $125.00
Senior Cultural Resources Planner $170.00
Cultural Resources Planner 2 $150.00
Cultural Resources Planner 1 $135.00
Junior Cultural Resources Planner $120.00
Sr Preservation Specialist / Sr Project Manager $195.00 Preservation Specialist 2 / Project Manager $170.00
Preservation Specialist 1 $140.00
Junior Senior Preservation Specialist $125.00
Interns $115.00
Marketing Director $230.00
Marketing Manager $195.00
Marketing Coordinator 2 $170.00
Marketing Coordinator 1 $150.00
Controller $230.00
Senior Project Accountant $190.00
Project Accountant 2 $170.00
Project Accountant 1 $140.00
Office Administrator $125.00
REIMBURSABLES
Reimbursable expenses shall include the following:
à Cost of printing or duplication of drawings, specifications, reports, and cost estimates. à Tolls, parking fees, and local travel charged in accordance with IRS code. à Long distance telephone service and facsimile charges. à Cost of models, special renderings, photography, special printing of publications, maps, and other supplies required for the project. à Postage and delivery charges.
à Fees for local licenses and permits required to perform professional services. à Travel, lodging, subsistence, and out-of-pocket expenses for authorized travel in connection with contract services.
ADMINISTRATIVE FEES
Fees for consultant services and subcontractors retained with approval of client shall be billed at cost plus 10%.
EFFECTIVE 01/2025
Subject to annual review and adjustment
FEE SCHEDULE /
ITEM NO. 8.
WJV Acoustics, Inc.
ITEM NO. 8.
Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 WJVA Corporate Resume‐current
-CORPORATE RESUMEWJV Acoustics, Inc. (WJVA), formerly Brown‐Buntin Associates, Inc. (BBA), is a full‐service acoustical consulting firm which specializes in the measurement, modeling and evaluation of environmental and transportation noise and architectural acoustics. BBA was originally established in 1981 by Robert E. Brown and Jim Buntin in Visalia, California. Beginning January 1, 2015, BBA began operating as WJV Acoustics, Inc. (WJVA).
WJVA utilizes state‐of‐the‐art sound measurement and analysis equipment, coupled with computer data management and modeling capabilities, to quantify noise from construction, aircraft, traffic, rail, industrial/commercial and other sources. WJVA has prepared hundreds of acoustical analyses over the past 30 years. WJVA has prepared general plan noise elements and/or noise element updates for approximately 50 California jurisdictions. Additionally, WJVA prepares environmental noise assessments for CEQA and NEPA documents, prepares noise exposure studies for airports of all sizes, and consults with architects concerning the acoustical design of schools, office buildings and performing arts facilities. WJVA has made numerous public presentations.
WJVA has completed noise studies for a number of projects that were considered controversial by local citizens. Many of these projects have included extensive public testimony, demonstrations of noise monitoring procedures, and a thoughtful approach to study design, analysis and document preparation so that complex technical information could be effectively presented to non‐technical persons. WJVA has fostered a strong reputation within the environmental community as a consultant able to provide sound and defensible work while maintaining a high level of client attentiveness that separates WJVA from other firms.
ITEM NO. 8.
WALTER J. VAN GRONINGEN
President
WJV Acoustics, Inc.
Experience:
Mr. Van Groningen is the founding consultant of WJV Acoustics, Inc. His technical skills include the prediction and analysis of aircraft, traffic, railroad and construction noise and the evaluation of community noise problems and litigation support. He has prepared technical noise studies for a variety of projects requiring CEQA or NEPA documentation and has developed noise level criteria and implementation programs for addressing noise‐related conflicts and long‐range noise compatibility planning. Mr. Van Groningen has particular expertise in preparing traffic noise assessments for federally funded roadway improvement projects using the Caltrans Protocol. Mr. Van Groningen has also prepared general plan noise elements and noise element updates for several California jurisdictions.
Mr. Van Groningen became involved in community noise control in 2005, when he joined the consulting staff at Brown‐Buntin Associates, Inc. Since that time, he has conducted short‐ and long‐term aircraft noise monitoring and acoustical testing for federally funded aircraft sound insulation programs and conducted and/or managed numerous environmental noise analyses, including the following:
Environmental noise assessments addressing aircraft, traffic, rail, commercial, industrial and construction sources for projects requiring CEQA/NEPA documentation. Many of these studies have involved controversial projects and significant public interest in the agency review process. Aircraft noise analysis and preparation of noise exposure maps and summary reports for Las Vegas McCarran and Reno‐Tahoe International Airports.
Federally funded school and/or residential sound insulation programs for Los Angeles, Reno‐Tahoe, Phoenix Sky Harbor and Anchorage Ted Stevens International Airports. General Plan Noise Elements for numerous California jurisdictions. Acoustical analyses and noise monitoring for numerous mining operations and construction projects.
Professional Affiliations:
Member, Institute of Noise Control Engineering.
Member, Acoustical Society of America.
Software Skills and Certifications:
FHWA Traffic Noise Model Certified
FAA Integrated Noise Model (INM)
Aviation Environmental Design Tool (AEDT2B)
Larson Davis Laboratories, AutoCAD, Microsoft Word, Microsoft Excel, SoundPLAN SoundPLAN Software & Noise Modeling Seminar
Education:
B.A. Physical/Environmental Geography, Humboldt State University, 1999. Post Graduate studies in Hydrology, California State University Chico, 1999‐2002.
ITEM NO. 8.
ROBERT E. BROWN
Consultant
WJV Acoustics, Inc.
Experience:
Bob Brown was a founding partner of Brown‐Buntin Associates, Inc. (BBA). Beginning January 1, 2015, BBA became WJV Acoustics, Inc. (WJVA). Mr. Brown continues to work with WJVA on individual projects and also serves in an advisory role with the firm. His technical skills include the prediction and analysis of aircraft, traffic, rail and industrial/commercial noise, the evaluation of architectural noise problems and litigation support. He has prepared technical noise studies for a variety of projects requiring CEQA or NEPA documentation and has developed noise level criteria and implementation programs for addressing noise‐related noise conflicts and long‐range noise compatibility planning. Mr. Brown has made numerous presentations to organizations, political decision‐making boards and citizen groups, and has served as an expert witness.
Mr. Brown became involved with community noise control in 1972 as a member of the public sector.
He developed and coordinated community noise programs for two California counties (Tulare and Fresno) and served as a technical advisor to the State of California Office of Noise Control. Since the establishment of BBA in 1981, Mr. Brown has conducted and/or managed numerous aviation and environmental noise studies and architectural acoustics analyses, including the following:
Environmental noise assessments addressing aircraft, traffic, rail and commercial/industrial sources for projects requiring CEQA/NEPA documentation. Many of these studies have involved controversial projects and significant public interest in the agency review process. Aircraft noise analysis and preparation of noise exposure maps and summary reports for Las Vegas McCarran, Reno‐Tahoe, San Jose and Fresno Yosemite International Airports. Technical noise analyses for FAR Part 150 Studies and/or Environmental Assessments for airfield improvement projects at Portland (Oregon), Little Rock, Las Vegas McCarran, San Antonio, Reno‐Tahoe, San Jose and Fresno Yosemite International Airports. Federally funded school and/or residential sound insulation programs for Reno‐Tahoe, Port Columbus (OH), San Jose, Fresno‐Yosemite and Phoenix Sky Harbor International Airports. General Plan Noise Elements for numerous California jurisdictions.
Professional Affiliations:
Member, Aircraft Noise Subcommittee, National Research Council, TRB Member, Institute of Noise Control Engineering.
Member, Acoustical Society of America.
Publications and Presentations:
Defining Adequate Noise Reduction, AAAE Aircraft Noise and Land Use Planning Conference, San Francisco, California, August 1996.
An Overview of Aviation Acoustics, Asilomar Noise Conference, February, 1990.
Quantifying Aircraft Noise Exposure, Airport Noise Abatement Seminar, Irvine, California, 1990.
An Assessment of Noise Impacts Resulting From a Proposed Conversion of F106 to F4D Aircraft at Fresno Air Terminal, California, Inter‐Noise 84, Honolulu, Hawaii, December, 1984.
Education:
B.A., 1971, Biological and Physical Sciences, Chico State College. Graduate studies in noise control and environmental health, Calif. State University, Fresno. Graduate courses in noise control at U.C. Berkeley, Santa Cruz and San Francisco.
ITEM NO. 8.
Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923 WJVA Representative Project List‐EMC_Monterey
-REPRESENTATIVE PROJECTS-
Chamisal Tennis Club, Monterey County (2025): The project included the assessment of noise levels resulting from activities occurring at the tennis club, as they may impact nearby residential land uses. WJVA conducted 24‐hour noise level measurements at numerous locations in the vicinity of closest residential land uses to the project site. WJVA prepared an analysis and report documenting the Club’s compliance with applicable Monterey County noise standards
Contact: Mr. Luis Reis, phone 831‐484‐1135, email [email protected] Ferrasci Business Center Specific Plan, Salinas (2023): The project included the development of a Specific Plan to serve as guidance for future development within the Specific Plan boundary. The project included residential, commercial, retail, and various mixed‐use land uses. WJVA conducted ambient noise monitoring throughout the Specific Plan area, conducted traffic noise modeling, and preparation of an Environmental Noise Assessment for the project.
Contact: Mr. Ron Sissem, EMC Planning Group, phone 831‐649‐1799, email [email protected]
Carmel High School Stadium Lights Project, Carmel, California (2021): The project included the installation of stadium lighting at an existing high school stadium facility. The addition of new stadium lighting would result in an increase in on‐site events, increased attendance at events and nighttime games and activities at the stadium site (previously restricted to daytime only). WJVA conducted ambient noise monitoring throughout the nearby residential areas, reference noise level measurements, traffic noise modeling, and preparation of an Environmental Noise Assessment for the project.
Contact: Ms. Teri Wissler Adam, EMC Planning Group, phone 831‐649‐1799, email [email protected]
ITEM NO. 8.
Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments 113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923
FEE SCHEDULE
WJV Acoustics, Inc.
January 1, 2025
Labor: Time spent on behalf of a client is charged as follows:
Principal Consultant: $185/hour
Consultant: $160/hour
Technician: $95/hour
Clerical: $85/hour
Time spent includes travel to/from WJVA’s Visalia office.
A surcharge of 50% over the above rates will be charged for expert witness testimony.
Direct Charges: Direct charges include actual costs for travel, lodging, meals, mileage, equipment fees, computer services, printing and similar costs. Mileage is charged at the standard IRS rate.
Retainer: A retainer of up to 50% of the total fee may be required for new clients or jobs where initial expenses are anticipated to exceed $500.
Note: A Finance Charge of 1% per month, which is 12% per annum, may be charged on accounts not paid within 30 days of invoice.
ITEM NO. 8.
Sample Work C
ATTACHMENT
ITEM NO. 8.
Final Initial Study
50 Los Gatos-Saratoga Road
Townhome-Style Condominiums
December 26, 2024
Prepared by
EMC Planning Group
ITEM NO. 8.
This document was produced on recycled paper.
FINAL INITIAL STUDY
50 LOS GATOS-SARATOGA ROAD
TOWNHOME-STYLE CONDOMINIUMS
PREPARED FOR
Town of Los Gatos
Sean Mullin, AICP, Planning Manager
110 E Main Street
Los Gatos, CA 95030
Tel 408.354.6823
[email protected]
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
www.emcplanning.com
December 26, 2024
ITEM NO. 8.
EMC Planning Group Inc.
TABLE OF CONTENTS
A. BACKGROUND ..................................................................................................................... 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED ............................................. 15 C. DETERMINATION .............................................................................................................. 16 D. EVALUATION OF ENVIRONMENTAL IMPACTS ............................................................. 17
1. Aesthetics .............................................................................................................................. 19
2. Agriculture and Forest Resources ...................................................................................... 21
3. Air Quality ............................................................................................................................. 22
4. Biological Resources ............................................................................................................ 25
5. Cultural Resources ............................................................................................................... 46
6. Energy .................................................................................................................................... 49
7. Geology and Soils ................................................................................................................ 51
8. Greenhouse Gas Emissions ............................................................................................... 58
9. Hazards and Hazardous Materials ..................................................................................... 60
10. Hydrology and Water Quality ............................................................................................ 64
11. Land Use and Planning ....................................................................................................... 71
12. Mineral Resources ................................................................................................................ 73
13. Noise ...................................................................................................................................... 74
14. Population and Housing ..................................................................................................... 77
15. Public Services ...................................................................................................................... 78
16. Recreation ............................................................................................................................. 79
17. Transportation ...................................................................................................................... 80
18. Tribal Cultural Resources ................................................................................................... 86
19. Utilities and Service Systems .............................................................................................. 88
20. Wildfire .................................................................................................................................. 93
21. Mandatory Findings of Significance .................................................................................. 94 E. SOURCES ............................................................................................................................. 96
ITEM NO. 8.
EMC Planning Group Inc.
Appendices
Appendix A Project Plans
Appendix B Air Quality, Greenhouse Gas, Health Risk, and Energy Analysis and Peer Reviews Appendix C Biological Resources Evaluation and Peer Reviews Appendix D Arborist Report and Peer Reviews
Appendix E Historic Resources Evaluation and Peer Reviews Appendix F Geotechnical Report and Peer Reviews
Appendix G Noise Assessment and Peer Reviews
Appendix H Transportation Analysis and Peer Reviews
Figures
Figure 1 Location Map .................................................................................................................... 7 Figure 2 Aerial Photograph ............................................................................................................. 9 Figure 3 Site Photographs ............................................................................................................. 11 Figure 4 Site Plan ............................................................................................................................ 13 Figure 5 Habitat Map ..................................................................................................................... 29 Figure 6 Special-Status Species Map ............................................................................................ 31 Tables
Table 1 Tree Canopy – Replacement Standard ........................................................................ 43 Table 2 Summary of Trees to be Removed, to Remain, and to be Planted ......................... 44
ITEM NO. 8.
Section A Background 1 EMC Planning Group
50 Los Gatos Saratoga Road Townhome-Style Condominiums Initial Study December 2024 A. BACKGROUND
Setting
The 8.82-acre project site is located at 50 Los Gatos-Saratoga Road in the Town of Los Gatos, which is approximately 13.5 miles south of the San Francisco Bay and approximately 16.5 miles north of the City of Santa Cruz. Surrounding cities include Campbell to the north, San Jose to the north and east, Monte Sereno and Saratoga to the west, and unincorporated hillside areas and the mountains of Santa Clara County to the south. Figure 1, Location Map, provides a regional view of the project site.
Surrounding the project site is Los Gatos-Saratoga Road, commercial uses, and pending future residential development to the north, the Los Gatos High School campus and sports fields to the south, a wooded slope and residential uses to the east, and the Los Gatos-Saratoga Road (State Route 9) and State Route 17 interchange to the west. Figure 2, Aerial Map, provides an aerial view of the project site and the surrounding uses.
The project site is currently occupied by the Los Gatos Lodge, a “garden hotel” built in the late 1950’s and early 1960’s. Onsite operations consist of temporary lodging of hotel guests, meeting and event rooms, recreational areas, dining areas, routine facility maintenance, accessory office uses, and a duplex dwelling unit for hotel staff. In addition to the buildings and other structures, the project site is improved with paved drives and parking areas, patios and walkways, a swimming pool, and landscaped areas. The eastern edge of the site is wooded and steeply sloped.
Figure 3, Site Photographs, provides a visual of the project site from a pedestrian’s viewpoint.
Project Title 50 Los Gatos-Saratoga Road Townhome-Style Condominiums
Lead Agency Contact Person
and Phone Number
Sean Mullin, AICP, Planning Manager
408.354.6823
Date Prepared December 2024
Study Prepared by EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Project Location 50 Los Gatos-Saratoga Road, Los Gatos
Project Sponsor Name and Address John Hickey
SummerHill Homes
777 S. California Avenue
Palo Alto, CA 94304
Town of Los Gatos 2020 General Plan
Land Use Element Designation
Mixed-Use Commercial
Zoning Highway Commercial – Planned Development –
Housing Element Overlay Zone
ITEM NO. 8.
Section A Background 2 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 The Town of Los Gatos 2020 General Plan Land Use Element (“2020 General Plan Land Use Element”) designates the project site as Mixed-Use Commercial. The site is zoned Highway Commercial – Planned Development – Housing Element Overlay Zone.
Description of Project
The proposed project includes an application for 155 townhome-style condominium units in 28 buildings with landscaping and common area amenities. The project proposes a mix of two-, three-, and four-bedroom floorplans with an average living area of approximately 1,880 square feet. The two-bedroom floorplans have approximately 1,527 square feet of living area with an attached two-car garage with a side-by-side configuration. The three-bedroom floorplans have a range in size from approximately 1,339 to 1,941 square feet of living area. Half of the threebedroom homes have an attached two-car garage with a side-by-side configuration, and half have an attached two-car garage with a tandem configuration. The four-bedroom floorplans have a range in size of approximately 1,988 to 2,260 square feet and have an attached two-car garage with a side-by-side configuration. The project features approximately 17,700 square feet of community recreation spaces. Approximately 27,500 square feet of wooded hillside along the east side of the project site would be preserved as open space. With the exception of the existing duplex dwelling unit adjacent to the eastern border of the site, all existing structures and improvements would be removed. The duplex is not part of the proposed project and will remain.
Vehicular circulation is provided through an entry drive from Los Gatos-Saratoga Road and onsite private alleys. The project would provide 330 off-street parking spaces. Guest parking would be provided throughout the site. Bike storage for residents would also be provided in each garage, and 16 bike racks would be provided for guests.
The proposed project also provides 26 affordable units, with 16 affordable to Low Income households and 10 affordable to Moderate-Income households to comply with the Town of Los Gatos’ (“Town”) Below Market Price (BMP) Program and to qualify for benefits under the State Density Bonus Law and other relevant provisions of the Government Code. By designating ten percent (i.e., 16) of the units as affordable to Low Income households, the project qualifies for one incentive or concession, unlimited waivers or reductions of development standards, and parking reductions under the State Density Bonus Law. The applicant is requesting an incentive or concession to allow a multi-family residential development without a mixed-use component.
Additionally, the applicant is requesting multiple waivers related to the following:
Building height;
Setbacks;
Private open space dimensions;
Width of private alleys;
Fence/wall located in setbacks;
Parking configuration;
Parking aisle with; and
Objective design standards related to:
ITEM NO. 8.
Section A Background 3 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Short-term bicycle parking;
Pedestrian path lighting spacing;
Third-floor step back;
Utility screening; and
Façade design and articulation.
Figure 4, Site Plan, illustrates the proposed site plan for the project. The full set of project plans can be found in Appendix A.
Town of Los Gatos General Plan
The Los Gatos Town Council adopted the Town of Los Gatos California 2040 General Plan (2040 General Plan) and certified the 2040 General Plan Final Environmental Impact Report (2040 General Plan EIR) on June 30, 2022. On April 2, 2024, the Town Council voted to rescind the land use element and community design element of the 2040 General Plan (Town of Los Gatos 2022a).
Therefore, the Town’s current general plan consists of the land use element and community design element of the Town of Los Gatos 2020 General Plan (2020 General Plan), and the remaining elements of the 2040 General Plan. The Town of Los Gatos 2020 General Plan EIR (2020 General Plan EIR) is the effective EIR for the land use element and the community design element.
Methodology
General Plan and Housing Element Residential Unit Growth Residential development of the project site was anticipated in the 6th Cycle Housing Element Update and was considered in the 2040 General Plan’s growth projections that were evaluated in the 2040 General Plan EIR. The 2020 General Plan EIR evaluated the project site as Mixed-Use Commercial, which allows for a mixed of commercial and residential uses. The 2040 General Plan EIR evaluated the project site with a land use designation of “Mixed Use,” which allows for 30-40 units per acre or 262-348 residential units, (Town of Los Gatos 2021). Additionally, preparation of the Town’s 6th Cycle Housing Element Update overlapped with the preparation of the 2040 General Plan and 2040 General Plan EIR, allowing for the documents to work together on topics such as density to assist in meeting the Town’s Regional Housing Needs Assessment requirement. The project site was identified in the site inventory located within the 6th Cycle Housing Element Update (referred to as the Los Gatos Lodge) for a minimum residential development of 262 units (30 units per acre) (Town of Los Gatos 2024, p. D-19). The 2040 General Plan EIR evaluated the potential impacts of up to 3,738 additional dwelling units, and evaluated housing and population growth projections identified within the 6th Cycle Housing Element Update (Town of Los Gatos 2022b). The project includes approximately 18 units per acre, which falls below the density identified for the site within the 6th Cycle Housing Element Update and evaluated in the 2040 General Plan EIR. Therefore, the growth projections analyzed in the 2040 General Plan EIR adequately considered the population increase associated with the proposed project.
ITEM NO. 8.
Section A Background 4 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Cumulative Residential Development
The 2040 General Plan EIR evaluated the potential growth for up to 3,738 dwelling units. The Town has not approved any of these dwelling units as of December 2024. The proposed project includes 155 dwelling units. Therefore, the proposed project residential units were included within the scope of the 2040 General Plan EIR and 6th Cycle Housing Element Update.
The 6th Cycle Housing Element Update included 2,371 units. The Town has not approved any of these dwelling units as of December 2024. The proposed project includes 155 dwelling units.
Therefore, the proposed project residential units were included within the scope of the 2040 General Plan EIR and 6th Cycle Housing Element Update.
Purpose of Initial Study – CEQA Guidelines Section 15183 Streamlining The purpose of this initial study is to determine if the proposed project’s environmental impacts were adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as applicable. If so, the Town would only be required to make the findings that no additional environmental review is necessary pursuant to CEQA Guidelines section 15813 streamlining process. If it is determined that the project was not adequately addressed in the 2020 General Plan EIR and/or the 2040 General Plan EIR, as applicable, the preparation of a mitigated negative declaration or supplemental EIR (supplemental to the general plan EIR) would occur.
Conditions of Approval
The 2020 General Plan EIR and the 2040 General Plan EIR identify general plan policies and mitigation measures that would reduce environmental impacts to a less-than-significant level.
Those policies and mitigation measures are identified as conditions of approval in this initial study. Additional conditions of approval are also included herein where additional detail regarding implementation of the policies and mitigations (conditions of approval) are necessary.
Other Public Agencies Whose Approval May Be Required
San Francisco Bay Area Regional Water Quality Control Board Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The Town sent out AB 52 notification letters on May 22, 2024 via email and certified mail. As of August 26, 2024, two responses have been received; one from the Muwekma Ohlone Tribe and one from the Amah Mutsun Tribal Band of San Juan Bautista. However, neither tribe requested consultation. See Section 18, Tribal Cultural Resources, for additional information.
ITEM NO. 8.
Section A Background 5 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
ITEM NO. 8.
Section A Background 6 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
k
Project Site
Source: ESRI 2024
Figure 1
Location Map
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study 0 2 miles
Project
Location
£¤101
k
Salinas
Gilroy
San Jose
San Francisco
Santa Cruz
Monterey
§¨¦580
§¨¦280
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UV1
Regional Location
Los Gatos
San Jose
Campbell
Saratoga
Cupertino
Santa Clara
Unincorporated
Santa Clara County
Monte Sereno
UV17
UV17
UV17
UV85
UV85
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§¨¦280 §¨¦280
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ITEM NO. 8.
Section A Background 8 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
Aerial Photograph
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study 0 300 feet
Figure 2
Source: Santa Clara County GIS 2024, Google Earth 2024 Project Site State Route 17
State Route 9
Los Gatos-Saratoga Rd.
Los Gatos High School
Campus and Sports Fields
Bella Vista Ave.
Pending
Future
Residential
Development
Residential
Uses
Commercial Uses
ITEM NO. 8.
Section A Background 10 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
State Route 17
State Route 9
Los Gatos-Saratoga Rd.
4 3
2 1
4 View of the west side of the project site, looking southeast. 3 View of the south side of the project site, looking northwest. 2 View of the east side of the project site, looking northwest.
View of the property entrance on the north side of the project site, looking southwest. 1 Photographs: Google Earth 2024
Source: Google Earth 2024
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study Site Photographs
Figure 3
Project Site
ITEM NO. 8.
Section A Background 12 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Site Plan
Figure 4
Source: SDG Architects, Inc. 2024
0 120 feet
SITE KEY:
- UNIT NUMBER- ADAPTABLE 'ADP' UNITS (12 TOTAL)- PROPERTY LINE- FIRE SEPARATION LINE - WALL PACK- WALL SCONCE
- MODERATE INCOME UNIT- LOW INCOME UNIT
#
*
# M
# L
BELOW MARKET PRICE
(BMP) UNITS:
ITEM NO. 8.
Section A Background 14 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
Section B Environmental Factors Potentially Affected 15 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
☐ Aesthetics ☐ Greenhouse Gas Emissions ☐ Public Services ☐ Agriculture and Forestry
Resources
☐ Hazards & Hazardous
Materials
☐ Recreation
☐ Air Quality ☐ Hydrology/Water Quality ☐ Transportation ☐ Biological Resources ☐ Land Use/Planning ☐ Tribal Cultural Resources ☐ Cultural Resources ☐ Mineral Resources ☐ Utilities/Service Systems ☐ Energy ☐ Noise ☐ Wildfire
☐ Geology/Soils ☐ Population/Housing ☐ Mandatory Findings of Significance
ITEM NO. 8.
Section C Determination 16 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 C. DETERMINATION
On the basis of this initial evaluation:
☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☐ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
☒ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Sean Mullin, AICP, Planning Manager Date
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 17 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 D. EVALUATION OF ENVIRONMENTAL IMPACTS
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 18 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.
9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 19 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
1. AESTHETICS
Except as provided in Public Resources Code Section 21099 (Modernization of Transportation Analysis for Transit-Oriented Infill Projects), would the project:
Comments:
a. A scenic vista is a view from a public place that is expansive and considered locally important. The Town of Los Gatos is located at the base of the Santa Cruz Mountains and many southbound streets offer striking views of the slopes, ridgelines, and wooded areas of those mountains. These views are defining attributes of Los Gatos and shape the visual experience for visitors and residents who would have a high sensitivity to those views (Town of Los Gatos 2021). The 2040 General Plan EIR concluded that the 2040 General Plan goals and policies would minimize visual intrusion and assist in reducing obstructions to the scenic vistas associated with the open space areas of Los Gatos.
Development facilitated by the 2040 General Plan would occur in existing urbanized areas of the Town of Los Gatos and implementation of these policies would encourage vistas and visibility of scenic open space. Therefore, impacts were found to be less than significant (Town of Los Gatos 2021, p. 4.1-16).
Public views at the project site are available on Los Gatos-Saratoga Road and the State Route 17 exit towards Los Gatos-Saratoga Road. Travelers on the State Route 17 exit towards Los Gatos-Saratoga Road do not have views of distant mountains as it is completely obscured by the heavily wooded western edge of the project site. These trees along the western border would be removed as part of the project. However, the project
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Have a substantial adverse effect on a scenic vista? ☒ ☐ ☒ ☐ b. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☐ ☒
c. In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible vantage
points.) If the project is in an urbanized area, would
the project conflict with applicable zoning and other
regulations governing scenic quality?
☒ ☐ ☒ ☐
d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the
area?
☒ ☐ ☒ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 20 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 proposes to plant more than 100 trees along the edges and throughout the project site, which would enhance the wooded coverage that currently obscures the views of the distant mountains from this viewpoint (refer to Sheet L1.0 for the conceptual landscape plan found in Appendix A).
Eastern travelers on Los Gatos-Saratoga Road fronting the project site do not have any scenic vista views, while western travelers on Los Gatos-Saratoga Road have some views of the distant mountains, but they are mostly obscured due to the existing tree coverage, street lights, and the entry sign. The project would be required to comply with the Town’s Objective Design Standards. Because the project site is located within an existing urbanized area of the Town, and the project would the Town’s Objective Design Standards, it can be concluded that the project’s potential impacts to scenic vistas have been adequately addressed in the 2040 General Plan EIR. b. The 2040 General Plan EIR concluded that no impacts on scenic resources within a state scenic highway would occur because new development would not be facilitated near the only state designated highway near to, and not within, the Town of Los Gatos (State Route 9).
The proposed project is located approximately 0.7 miles southeast of the state designated scenic highway portion of State Route 9 (Google Earth 2024). Therefore, the project would not have an impact on a scenic highway.
c. The proposed project is located within an urbanized area on a currently developed site that is zoned Highway Commercial – Planned Development – Housing Element Overlay Zone and contains existing development. According to the Town Code Section
29.20.185, Table of conditional uses, residential uses are allowed within this zoning district with a conditional use permit. The project plans will undergo development review with the Town Community Development Department to ensure that the project meets the Town’s Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development.
Adherence to the Town’s objective standards would ensure that the project would not conflict with applicable zoning and other regulations governing scenic quality. Therefore, the project would not result in new impacts that have not already been addressed within the 2040 General Plan EIR and other objective standards included in the Town Code and other documents.
d. Although the existing lodge at the project site produces light, the proposed project would increase the development intensity at the site, thereby introducing new sources of light, the project would be required to comply with the residential lighting requirements in the Town’s Objective Design Standards and therefore, the impact would be less than significant.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 21 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
2. AGRICULTURE AND FOREST RESOURCES
In determining whether impacts on agricultural resources are significant environmental effects and in assessing impacts on agriculture and farmland, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
Comments:
a-e. The project site is a developed, infill site and is located within land designated by the California Department of Conservation as Urban and Built-Up Land (California Department of Conservation 2024), is not in a Williamson Act contract and contains no timberland or forest resources. Therefore, the project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), conflict with the Williamson Act, or result in an impact to timberland or forest resources.
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
☐ ☐ ☐ ☒
b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
d. Result in the loss of forest land or conversion of
forest land to non-forest use?
☐ ☐ ☐ ☒
e. Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 22 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
3. AIR QUALITY
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.
Would the project:
Comments:
a. The proposed project is redevelopment of an infill parcel with residential uses and is not expected to conflict with the applicable air quality plan. b. Construction Criteria Air Pollutant Emissions: Ramboll prepared a CEQA Air Quality, Greenhouse Gas, Health Risk, and Energy Analysis for the proposed project (2024). The report was peer reviewed by Illingworth & Rodkin. Both the report and the peer review are included in Appendix B.
The proposed project will involve construction activities that generate air pollutants.
These activities include demolition, grading, transportation of workers and materials, and fuel combustion from on-site equipment, leading to the emission of reactive organic gases (ROG), nitrogen oxides (NOx), PM10, and PM2.5. The volume of these emissions will vary based on the type, duration, and intensity of construction activities.
While construction emissions typically have temporary impacts over a limited time, their acute effects can lead to significant localized air quality issues. However, these emissions generally do not contribute to long-term cumulative air quality impacts.
The 2040 General Plan did not identify measures to reduce construction emissions, but instead relied on best management practices for construction described in the air district’s Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Conflict with or obstruct implementation of the
applicable air quality plan?
☒ ☐ ☐ ☒
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
nonattainment under an applicable federal or state
ambient air quality standard?
☒ ☐ ☐ ☐
c. Expose sensitive receptors to substantial pollutant
concentrations?
☒ ☐ ☐ ☐
d. Result in other emissions, such as those leading to
odors adversely affecting a substantial number of
people?
☒ ☐ ☐ ☒
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 23 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 CEQA Guidelines. The Guidelines establish project-level thresholds for construction emissions. If a project's construction emissions are below these thresholds, its impact on regional air quality is considered less than significant. In addition to maintaining emissions below the air district's significance threshold, individual projects must implement all Basic Construction Mitigation Measures outlined in Table 8-2 of the CEQA Guidelines.
These basic construction measures were expanded when the air district updated its guidelines. These measures, also known as best management practices (BMP), now include the following measures:
Condition of Approval
The following shall be implemented during construction activities to reduce PM2.5 concentrations:
All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
All visible mud or dirt trackout 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;
All vehicle speeds on unpaved roads shall be limited to 15 mph; 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;
All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph;
All trucks and equipment, including their tires, shall be washed off prior to leaving the site;
Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel; and
Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.
The 2040 General Plan EIR includes these requirements as a mitigation measure (2040 General Plan EIR Mitigation Measure AQ-1) to address temporary construction impacts from new development. The mitigation requires implementing the air district’s Basic Construction Mitigation Measures, or equivalent, expanded, or modified measures (Town of Los Gatos 2021, 4.3-16). The conditions of approval should require the project to comply with this mitigation measure to ensure that construction emission impacts are reduced to a less-than-significant level.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 24 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Therefore, any potential impacts associated with the project construction emissions have been adequately addressed in the 2040 General Plan EIR.
Operational Criteria Air Pollutant Emissions: The 2040 General Plan EIR uses a threshold approach for criteria air pollutant impacts that is recommended by the air district. Relative to baseline conditions, where the percent increase in vehicle miles traveled (VMT) at plan buildout does not exceed the percent change in population generated at buildout, the plan would have less than significant criteria air pollutant emissions impacts. The 2040 General Plan EIR found that this would be the case at plan buildout and, therefore, implementing the 2040 General Plan would have less than significant criteria emissions impacts.
The proposed project is consistent with the 2040 General Plan reviewed in the 2040 General Plan EIR. Consequently, the VMT and population generations were evaluated in the General Plan EIR analysis of criteria air emissions impacts. Therefore, criteria air emissions impacts of the project have been adequately addressed in the 2040 General Plan EIR.
c. Project Construction – Toxic Air Contaminants. The Ramboll health risk assessment concluded that with implementation of the condition of approval above that reduces PM2.5 concentrations, the construction health risk impacts associated with construction of the project are less than significant.
Project Operations (Cumulative) - Toxic Air Contaminants. The proposed project includes air filtration systems rated at MERV-13 for all residential buildings. The Ramboll health risk assessment concluded that the project would not expose sensitive receptors to substantial pollutant concentrations with inclusion of these air filtration systems. d. The proposed project is a residential development that is consistent with the land use evaluated in the 2040 General Plan EIR and is not the type of use that would produce objectionable odors that would affect a substantial number of people. Therefore, the project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 25 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
4. BIOLOGICAL RESOURCES
Would the project:
Comments:
A Biological Evaluation was prepared by Live Oak Associates, Inc. in April 2, 2024 (“Biological Evaluation,” which can be found in Appendix C). The Biological Evaluation was peer reviewed by EMC Planning Group; the peer review is also available in Appendix C.
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife
or US Fish and Wildlife Service?
☒ ☐ ☐ ☐
b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US
Fish and Wildlife Service?
☐ ☐ ☐ ☒
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to,
marsh, vernal pool, coastal, etc.), through direct
removal, filing, hydrological interruption, or other
means?
☐ ☐ ☐ ☒
d. Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
☐ ☐ ☐ ☒
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☒ ☐ ☐ ☐
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
☐ ☐ ☐ ☒
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 26 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Additionally, an arborist report was prepared by Moki Smith Tree Specialists, Inc., dated March 6, 2024, and was peer reviewed by Monarch Consulting Arborists on March 26, 2024. The arborist report and peer review documentation can be found in Appendix D.
A reconnaissance-level biological field survey of the project site to verify conditions described in the report was conducted by EMC Planning Group biologist Rose Ashbach, M.S. on June 20, 2024. Biological resources were documented in field notes, including plant and wildlife species observed, dominant plant communities, wildlife habitat quality, disturbance levels, and aquatic resources.
Prior to conducting the survey, Mrs. Ashbach reviewed the Biological Evaluation, project plans, aerial photographs, natural resource database accounts, and other relevant scientific literature.
This included searching the U.S. Fish and Wildlife Service (USFWS) Endangered Species Database (USFWS 2024a), California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CDFW 2024a, CDFW 2024b), and California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (CNPS 2024a) to identify special-status plants, wildlife, and habitats known to occur in the vicinity of the project. A review of the USFWS National Wetlands Inventory database was also conducted to identify jurisdictional aquatic features (wetlands, drainages, and/or riparian areas) on or adjacent to the project site (USFWS 2024b).
Existing Conditions
The project site consists of two parcels (APNs 529-24-032 and 529-24-001), located at 50 Los Gatos-Saratoga Road in the Town of Los Gatos. The project site is bounded by Los GatosSaratoga Road to the north, State Route 17 to the west, Bella Vista Avenue to the east, and Los Gatos high school to the south. Adjacent uses include residential properties to the east and commercial establishments to the north. The parcels have been developed as a multi-building “garden” hotel with diverse ornamental trees, meeting rooms, and associated parking.
Topography of the parcel is flat with exception of the eastern boundary of the site, where Bella Vista Avenue (elevation at 123 feet) slopes west within a forested woodland to parcel parking (elevation at 107 feet) to the east. Soil types on the site include the Urban land-Stevenscreek complex, Urban land-Flaskan complex, and Flaskan sandy loam (NRCS Web Soil Survey 2024).
These soils are not hydric nor do they contain ultramafic, alkaline, or other edaphic conditions that support rare plant and wildlife species.
Plant and Wildlife Habitats
The project site was developed in the late 1950’s and early 1960’s. Habitats on the site are predominantly developed and landscaped with ornamental non-native plants. Coast live oak mixed woodland is located along the eastern slope at Bella Vista Avenue and the northeast corner of the property.
Developed Landscaped Areas
The majority of the parcel has been developed with a multi-building hotel, meeting rooms, outdoor seating areas, associated parking, lawns, swimming pool, and landscaped areas.
Vegetation around the hotel includes, but is not limited to oleander (Nerium oleander), African
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 27 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 daisy (Osteospermum sp.), woolly contoneaster (Cotoneaster pannosus), myoporum (Myoporum laetum), eucalyptus (Eucalyptus sp.), sweet pea bush (Polygala myrtifolia), Japanese camellia (Camellia japonica), saucer magnolia (Magnolia X soulangeana), Canary Island date palm (Phoenix canariensis), camphor (Cinnamomum camphora), Chinese pistache (Pistacia chinensis), and sweetgum (Liquidambar styraciflua).
The parking area on the east portion of the parcel includes a diversity of ornamental trees including, but not limited to, sugar pine (Pinus lambertiana), persimmon (Diospyros kaki), and deodar cedar (Cedrus deodara). Additionally, the perimeter of the parcel is planted with a number of ornamental plants including, but not limited to, eucalyptus species, deodar cedar, coast redwood (Sequoia sempervirens), oleander, coast live oak (Quercus agrifolia), olive (Olea europaea), English walnut (Juglans regia), and stone pine (Pinus pinea).
Wildlife observed within the developed and landscaped areas of the site include pocket gopher (Thomomys sp.), western fly catcher (Empidonax difficilis), house finch (Haemorhous mexicanus), American crow (Corvus brachyrhynchos), oak titmouse (Baeolophus inornatus), dark eyed junco (Junco hyemalis). Cracks and crevasses in buildings as well as trees and vegetation provide nesting habitat for nesting birds and roosting bats.
Coast Live Oak Mixed Woodland
Steep forested slopes on the eastern edge of the property contain a mix of native and non-native mixed woodland vegetation. The dominate species within the upper slope is coast live oak with understory dominated by English ivy (Hedra helix). Other species within the lower slope include woolly contoneaster, coast redwood, and toyon (Heterolmeles arbutifolia).
In the northeast corner of the property mixed woodland vegetation includes a greater diversity of understory species and non-native trees. Dominant species include coast live oak, coast redwood, and oleander. Other plants include French broom (Genista monspessulana), common fumitory (Fumaria officinalis), stork’s bill (Erodium sp.), Italian thistle (Carduus pycnocephalus), Chinese privet (Ligustrum sinense), English ivy, Mexican fan palms (Washingtonia robusta), silver wattle (Acacia dealbata), and smilo grass (Stipa miliacea var. miliacea).
Wildlife observed in this portion of the site include dark eyed junco, chestnut backed chickadee (Poecile rufescens), American crow, Bewick’s wren (Thryomanes bewickii), brown creeper (Certhia americana), and fox squirrel (Sciurus niger). This area could also host nesting birds and raptors, deer (Odocoileus virginianus), skunk (Mephitis mephitis), racoon (Procyon lotor), dusky-footed woodrats (Neotoma sp.), slender salamanders (Batrachoseps sp.), and other common fauna.
Wetlands and Aquatic Features
The National Wetland Inventory shows a riverine system along the eastern boundary. Because of scale, the primary intended use of the National Wetlands Inventory is for regional and watershed data display and analysis rather than specific project data analysis. The map products were neither designed nor intended to represent legal or regulatory products and field surveys by qualified biologist are often required to verify the presence or absence of features recorded in the National Wetlands Inventory. Indicators of the presence of aquatic features, such as riparian or wetland vegetation or evidence of drainage patterns, were not observed by Live Oak Associates, Inc. in April 2024 or by EMC Planning Group in June 2024. The feature mapped near the eastern boundary was not observed and is considered absent from the project area.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 28 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 An off-site drainage system was observed outside of the northern boundary of the project site.
To the east, the drainage system includes a grated storm drain at the base of the slope with no observed wetland or riparian vegetation. To the west, the drainage appears to be a constructed channel. Neither feature held water at the time of the June 2024 survey. The offsite drainage is shown on Figure 5, Habitat Map.
a. Special-Status Species. A search of the California Department of Fish and Wildlife California Natural Diversity Database (CNDDB) was conducted for the site and the surrounding eight U.S. Geological Survey (USGS) quadrangles in order to generate a list of potentially occurring special-status species for the project vicinity. Records of occurrences for special-status plants were reviewed for those quadrangles in the CNPS Inventory of Rare and Endangered Plants of California (CNPS 2024). A USFWS Endangered Species Program threatened and endangered species list was also generated for the project parcel, and the USFWS Critical Habitat for Threatened & Endangered Species online mapper was reviewed (USFWS 2024a & USFWS 2024c). Special-status species in this report are those listed as Endangered, Threatened, or Rare or as candidates for listing by the USFWS and/or CDFW; as Species of Special Concern or Fully Protected species by the CDFW; or as Rare Plant Rank 1B or 2B species by CNPS. Tables 1A, 1B, 2A and 2B, Special-Status Species that Could Occur in the Project Vicinity, can be found in Appendix C, 50 Los Gatos Lodge Project Biological Evaluation, and presents tables with special-status species search results, which lists the special-status species documented within the project vicinity, their listing status, suitable habitat description, and their potential to occur on the project site. Figure 6, Special-Status Species Map, presents a map of the CNDDB results.
Special-Status Plant Species. Special-status plant species were evaluated for probability to occur on the project site in the Biological Evaluation and during the June 2024 site visit. No special-status plants were observed during the biological survey. Suitable habitat for special-status plant species recorded as occurring within the project vicinity was not found.
Special-Status Wildlife Species. Special-status wildlife species were evaluated for probability to occur on the project site in the Biological Evaluation and during the June 2024 site visit. Special-status wildlife species with potential to occur on the project site include San Francisco dusky-footed woodrat, nesting birds, and roosting bats. These species are addressed below.
San Francisco Dusky Footed Woodrat. San Francisco dusky-footed woodrats (Neotoma fuscipes annectens), a California Species of Special Concern, are generalist herbivores consuming a wide variety of nuts, fruits, fungi, and foliage. They are dependent on live oaks in grassland, shrub, or wooded areas. They build complex multichambered houses in trees or on the ground that may be used for over twenty years. Marginal habitat for the San Francisco dusky-footed woodrat is present within the mixed woodland habitat on the project parcels. Although CNDDB records do not indicate the presence of San Francisco dusky-footed woodrat within the three-mile vicinity of the project site, there are multiple observations around the project parcel in iNaturalist (iNaturalist 2024).
ITEM NO. 8.
Habitat Map
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study 0 175 feet
Figure 5
Source: EMC Planning Group 2024,
Google Earth2024
Los Gatos-Saratoga Rd.
Bella Vista Ave.
Project Site Mixed Woodland Offsite Drainage
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 30 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
American
peregrine
falcon
American
peregrine
falcon
steelhead
steelhead
steelhead
Santa
Cruz black
salamander
California
giant
salamander
hoary bat
foothill
yellow-legged frog
- central coast DPS
arcuate
bushmallow
hairless
popcornflower
obscure
bumble bee
California
giant
salamander
Santa
Cruz black
salamander
California
red-legged
frog
robust
spineflower
Santa
Clara red
ribbons
California
red-legged frog
WPT
Loma Prieta
hoita Loma Prieta hoita
An isopod
WPT
woodland
woollythreads WPT
Loma Prieta hoita
Loma Prieta
hoita
WPT
WPT
woodland woollythreads
woodland
woollythreads
Special-Status Species Map
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study 0 5000 feet
Figure 6
Source: CDFW CNDDB 2024, ESRI 2024
steelhead - central California coast DPS
WPT- western pond turtle
Special-Status Plants
Special-Status Wildlife
Project Site
3-Mile buffer
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 32 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 33 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Loss or harm to the San Francisco dusky-footed woodrat is considered a significant adverse impact. The 2040 General Plan EIR concludes that implementation of 2040 General Plan Policy ENV-7.1, which states that public and private projects shall not significantly deplete, damage, or alter existing wildlife habitat or populations, among other policies, would protect special-status wildlife species and their habitat from adverse impacts of public and private projects. Therefore, 2040 General Plan Policy ENV-7.1 is implemented by the following condition of approval to ensure that impacts to San Francisco dusky-footed woodrats are less than significant. This potential impact by the project, therefore, has been adequately addressed by the 2040 General Plan EIR.
Condition of Approval
Worker Environmental Awareness Training. Prior to issuance of tree removal, demolition, and grading permits, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to, San Francisco dusky-footed woodrat, special-status bats, and nesting birds and raptors. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which disturbance activities will occur shall be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. A letter report documenting the completion of training shall be prepared and submitted to Town of Los Gatos, where it shall be kept on file.
Special-Status Bats. Bats were not observed during the reconnaissance‐level biological field survey. However, palms, trees, and/or buildings or structures on the project site could provide roosting habitat for special-status bat species known to occur in the vicinity of the project site, including the California Species of Special Concern hoary bat (Lasiurus cinereus), pallid bat (Antrozous pallidus), and Townsend’s big eared bat (Corynorhinus townsendii).
Bat species inhabit a wide variety of habitats including grasslands, woodlands, and forests.
Project development and construction activities at the project site could result in the disturbance of roost and/or natal sites occupied by special-status bats on or adjacent to the project site, if present. Loss or harm to special-status bats is considered a significant adverse impact.
The 2040 General Plan EIR concludes that, among other policies, Policy ENV-7.5, which states that nesting sites in new development and within existing development shall be conserved unless a mitigation plan is approved, would prevent direct impacts to specialstatus species, such as bats. Therefore, 2040 General Plan Policy ENV-7.5 is implemented by the following condition of approval, which will ensure that potential impacts to special-status bats are less than significant. This potential impact by the project was adequately addressed in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 34 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Condition of Approval
Special-Status Bat Species. The following measures shall be implemented to avoid loss of or harm to special-status bat species:
1. Prior to issuance of tree removal, demolition, and grading permits, approximately 14 days prior to tree removal or any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. 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.
2. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to Town of Los Gatos, where it shall be kept on file, and no further measures are required.
3. If bats or roosting sites are found, bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife.
4. The nursery season is typically from May 1 to October 1. If bats are found roosting outside of the nursery season, California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to California Department of Fish and Wildlife for written approval prior to project implementation. A request to evict bats from a roost includes details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. 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. 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
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 35 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 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.
Nesting Birds. Protected nesting bird species and raptors have the potential to nest on open ground, or in any type of vegetation, including trees, during the nesting bird season (January 15 through September 15). The project site and surrounding properties contain a variety of trees and shrubs suitable for nesting. Construction activities can impact nesting birds protected under the federal Migratory Bird Treaty Act and California Fish and Game Code, should nesting birds be present during construction. If protected bird species are nesting adjacent to the project site during the bird nesting season, then noisegenerating construction activities could result in the loss of fertile eggs, nestlings, or otherwise lead to the abandonment of nests.
The 2040 General Plan EIR states that, among other policies, Policy ENV-7.5, described previously, would prevent direct impacts to migratory nesting birds. Therefore, 2040 General Plan Policy ENV-7.5 is implemented by the following condition of approval, which would ensure that the potential impact to nesting birds is less than significant. This potential impact by the project was adequately addressed in the 2040 General Plan EIR.
Condition of Approval
Protected Nesting Birds. 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), all construction activities should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or 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), a qualified biologist shall conduct nesting bird surveys. a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. 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. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the Town of Los Gatos and no further protective measures are required.
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
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 36 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 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. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the Town of Los Gatos.
b. Sensitive Natural Communities. Sensitive natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects. CDFW’s List of California Terrestrial Natural Communities is based on the best available information, and indicates which natural communities are considered sensitive (CDFW 2024c). There are no sensitive natural communities within the project parcel. The project would not result in new impacts beyond those that have already been adequately addressed by the 2040 General Plan EIR. c. Wetlands and Waters of the U.S. Potentially jurisdictional aquatic features were evaluated for probability to occur on the project site in the Biological Evaluation and during the June 2024 site visit. A review of the National Wetland Inventory online database was also conducted to identify potential jurisdictional aquatic features on or adjacent to the project site (USFWS 2024b). The results show an unnamed aquatic feature (identified on the NWI as “Riverine” habitat (R4SBC)) located on the east boundary the project parcel. This aquatic feature is not present on the project site or found anywhere within the eastern slope of the project site.
There are two drainage channels that are located approximately ten feet from the northern boundary of the project site. These channels are bisected by the entrance to the hotel. Both channels do not appear to hold water or support wetland vegetation and are outside of the project boundary (refer back to Figure 5, Habitat Map).
Dominant vegetation on the north boundary of the project parcel included coast redwood, coast live oak, oleander, English ivy, French broom, smilo grass. Due to the lack of connectivity to other aquatic features, the offsite aquatic drainage channel is likely not considered jurisdictional by the USACE. In addition, due to the lack of riparian vegetation, the aquatic drainage channel is likely not considered jurisdictional by the CDFW. However, it may be considered jurisdictional by the San Francisco Bay Area Regional Water Quality Control Board (RWQCB).
The proposed project is not expected to directly impact the drainage channel north of the project site. However, construction related grading could result in indirect impacts such as sedimentation of the drainage channel. The 2040 General Plan EIR states that 2040
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 37 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 General Plan Policy ENV-6.1 (development shall not damage riparian areas, wetlands, and intermittent or ethereal streams) and Policy ENV-6.3 (require setbacks and measures as appropriate to protect riparian corridors) would prevent development within wetlands.
Therefore, 2040 General Plan Policies ENV-6.1 and ENV-6.3 are implemented by the following condition of approval, which would ensure that impacts to potentially jurisdictional aquatic features are less than significant. This potential impact by the project has been adequately addressed by the 2040 General Plan EIR.
Condition of Approval
Protection of Offsite Waters/Wetlands. Prior to issuance of demolition and grading permits, the applicant shall provide evidence that waterways adjacent to the project site through the use of best management practices for erosion control and vehicle/equipment fueling shall be protected. This shall include the installation of silt fencing between the project site and the adjacent drainage channel. The silt fencing shall prevent soil from washing off the project site into offsite waterways.
Potential fuel spills and leaks from construction vehicle/equipment fueling operations shall be prevented from entering the adjacent drainage channel. Designated fueling areas should be on a level grade and must be at least 50 feet from any waterway. d. Wildlife Movement. The 2040 General Plan EIR states that wildlife movement corridors in Los Gatos are generally limited to the hillside areas in the southern and eastern sections of the planning area and the creeks in the planning area. Development under the 2040 General Plan is not planned in these areas. The 2040 General Plan EIR concludes that implementation of 2040 General Plan policies would promote the conservation of wildlife movement corridors, which consist primarily of waterways and adjacent riparian areas. Because development under the 2040 General Plan would not facilitate development in areas where wildlife movement are more likely to occur and because the 2040 General Plan policies reduce impacts to stream corridors and protect wildlife movement corridors and open space, impacts would be less than significant (p.
4.4-20).
The potential for wildlife movement through the project site was evaluated by the Biological Evaluation and during the June 2024 site visit. Wildlife movement corridors provide connectivity between habitat areas, enhancing processes like nutrient flow, gene flow, seasonal migration, pollination, and predator-prey relationships. Increasing connectivity is a critical strategy for addressing habitat loss and fragmentation, which are a top threat to biodiversity.
The project site is located outside of previously defined essential connectivity areas as mapped by the California Essential Habitat Connectivity Project (CDFW 2024c). The project site is not likely to facilitate major wildlife movement due to the lack of natural habitat linkages and the presence of existing barriers (e.g., roads, developed areas) around the parcel.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 38 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 The proposed project would not result in new impacts beyond those evaluated in the 2040 General Plan; therefore, the project’s potential impacts associated with interfering with wildlife movement was adequately addressed in the 2040 General Plan EIR. e. Local Biological Resource Policies/Ordinances. The 2040 General Plan Environment and Sustainability Element outlines the following goals and policies for physical development throughout Los Gatos that apply to the project.
Policy ENV-2.1. Tree Protection. Ensure tree removal and replacement during development is consistent with the latest in tree conservation standards to support the Town’s Arbor Day
Foundation status as a Tree City USA.
Goal ENV-4 Protect, conserve, and enhance natural and urban habitat and ecosystems to sustain the biodiversity and natural resources of Los Gatos.
Policy ENV-4.1 Ecosystem Protection. Protect and enhance public and private open space ecosystems in Los Gatos.
Policy ENV-4.3 Habitat Management. Encourage management of private open space areas, agricultural land, and residential gardens as habitat that supports wildlife in a way that enhances that habitat, reinforces natural wildlife management, and is consistent with opens pace management plants.
Goal ENV-5 Conserve and protect native plants and plant communities in Los Gatos and promote appropriate use of local, native plants in habitat restoration and landscaping.
Policy ENV-5.1 Use Native Plants. Require all development to use native plants or other appropriate non-invasive plants that are indigenous to Los Gators and Santa Clara County to reduce maintenance and irrigation costs and the disturbance of adjacent natural habitats.
Policy ENV-5.2. Special-Status Native Plant Species Protection.
Require public and private projects to protect special-status native plant species.
Policy ENV-5.3. Impacts on Special-Status Plants. Prohibit development that significantly depletes, damages, or alters existing special-status plants.
Policy ENV-5.4. Prohibit Invasive Plant Species. Prohibit the use of invasive plant species listed by the California Invasive Plant Council (Cal-IPC) for all new construction.
Goal ENV-7. Conserve and Protect Wildlife Populations.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 39 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Policy ENV-7.1 Protecting Wildlife. Ensure that public and private projects shall not significantly deplete, damage, or alter existing wildlife habitat or populations.
Policy ENV-7.2 Coordination with State and Federal Agencies.
Coordinate with the California Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and other appropriate agencies to protect wildlife species and habitats.
Policy ENV-7.3. Habitat and Movement Corridors. Maintain wildlife habitat and movement corridors for native wildlife species, specific to Santa Clara County.
Policy ENV-7.5. Nesting Sites. Conserve nesting sites in new development and within existing development unless a mitigation plan is approved.
The Town of Los Gatos has the following local ordinances that apply to this project.
Tree and Shrub Ordinances (Chapter 26)
Section 26.20.010. - Required for planting, removal, etc. (a)No person shall plant, move, remove or replace any tree in the public streets or public places within the Town, or cause the same to be done, until a permit, in writing, to do so shall have been first obtained from the Director. (b)No person shall place or permit any trees, shrubs or plants in boxes on any street or sidewalk without first having applied for and received a permit from the Director. The Director may issue a written permit upon such terms and conditions as the Director may provide, after having determined that such use will not constitute a public nuisance, which permit shall be revocable at the will of the Director.
Section 26.20.015. - Conditions on removal permits. As a condition to the issuance of any permit to remove any trees, the Director may require that the person to whom such permit to remove is granted either deposit per tree an amount established by the Council from time to time by resolution with the Director, who shall then plant approved trees in the place of those removed, subject to the control of the Director as provided in section
26.10.025. Whenever such trees have been removed in accordance with such conditional permit, it shall be a violation of this chapter for the holder of such permit to refuse or neglect to plant another tree if such conditional permit shall so specify.
Tree Removal Ordinances (Chapter 29, Article 1, Division 2 of the Municipal Code)
Section 29.10.0960. - Scope of protected trees. This division shall apply to every property owner and to every person, corporation, partnership, sole proprietorship or other entity responsible for removing, maintaining or protecting a tree. The trees protected by this division are:
1. All trees which have a twelve-inch or greater diameter (thirty-seven and one-half-inch circumference) of any trunk or in the case of multi-trunk
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 40 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 trees, a total of eighteen inches or greater diameter (fifty-six and onehalf-inch circumference) of the sum of all trunks, where such trees are located on developed residential property.
2. All trees which have an eight-inch or greater diameter (twenty-five-inch circumference) of any trunk or in the case of multi-trunk trees, a total of eight inches or greater diameter (twenty-five-inch circumference) of the sum of all trunks, where such trees are located on developed Hillside residential property.
3. All trees of the following species which have an eight-inch or greater diameter (twenty-five-inch circumference) located on developed residential property.
a. Blue Oak (Quercus douglasii);
b. Black Oak (Quercus kellogii);
c. California Buckeye (Aesculus californica); and
d. Pacific Madrone (Arbutus menziesii).
4. All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required.
5. Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject of such approval or otherwise covered by subsection (6) of this section (e.g., landscape or site plans).
6. Any tree that was required by the Town to be planted or retained by the terms and conditions of a development application, building permit or subdivision approval in all zoning districts, tree removal permit or code enforcement action.
7. All trees, which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk and are located on property other than developed residential property.
8. All publicly owned trees growing on Town lands, public places or in a public right-of-way easement, which have a four-inch or greater diameter (twelve and one-half-inch circumference) of any trunk.
9. A protected tree shall also include a stand of trees, the nature of which makes each dependent upon the other for the survival of the stand.
The following trees shall also be considered protected trees and shall be subject to the pruning permit requirements set forth in section 29.10.0982 and the public noticing procedures set forth in section 20.10.0994:
a. Heritage trees; and
b. Large protected trees.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 41 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Section 29.10.0965. – Prohibitions. Except as provided in section 29.10.0970, it shall be unlawful:
1. To remove or cause to be removed any protected tree in the Town without first obtaining a permit pursuant to this chapter.
2. To prune, trim, cut off, or perform any work, on a single occasion or cumulatively, over a three-year period, affecting twenty-five (25) percent or more of any protected tree without first obtaining a permit pursuant to this chapter.
3. To prune, trim, or cut any branch or root greater than four (4) inches in diameter (twelve and one-half (12.5) inches in circumference) of a Heritage tree or large protected tree without first obtaining a permit pursuant to this chapter.
4. To conduct severe pruning as defined in section 29.10.0955 without first obtaining a permit pursuant to this chapter.
5. For any person or business entity engaged in the business of removing trees or tree care to perform work requiring a permit under this division without first obtaining a permit under this division. The permit shall be posted on-site at all times during the removal or permitted pruning of a tree and must be made available upon request from the Chief of Police, Code Compliance Officer, Director of Parks and Public Works Department, or their designee. After a second violation, the Los Gatos business license of the violating person or entity shall be suspended for a period of one (1) year.
Section 29.10.0970. – Exceptions. The following trees are excepted from the provisions of this division and may be removed or severely pruned without Town approval or issuance of a tree removal permit:
1. A fruit or nut tree that is less than eighteen (18) inches in diameter (fiftyseven-inch circumference).
2. Any of the following trees that are less than twenty-four (24) inches in diameter (seventy-five (75) inches in circumference):
a. Black Acacia (Acacia melanoxylon)
b. Tulip Tree (Liriodendron tulipifera)
c. Tree of Heaven (Ailanthus altissima)
d. Blue Gum Eucalyptus (E. globulus)
e. Red Gum Eucalyptus (E. camaldulensis)
f. Other Eucalyptus (E. spp.)-Hillsides only
g. Palm (except Phoenix canariensis)
h. Privet (Ligustrum lucidum)
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 42 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Any removal or maintenance of a tree to conform with the implementation and maintenance of Defensible Space per Chapter 9 - Fire Prevention and Protection with the exception of any tree listed in subcategories (3) and (10) of Section 29.10.0960 - Scope of Protected Trees.
Section 29.10.0980. - Applications for a tree removal or severe pruning permit.
Applications for a protected tree removal or severe pruning permit for trees on private property shall be available from and filed with the Town as indicated on the application.
Application submittals for the removal of trees on public property (street trees) are provided for in section 26.10.060 of the Town Code. Applications for tree removal or severe pruning on private property may be granted, denied or granted with conditions.
Application submittals for removal or severe pruning of trees on private property shall include the following minimum information for staff review:
1. A completed tree removal application form, signed by the property owner.
2. A written explanation of why each tree(s) should be removed or pruned and how it meets the Town's Standards of Review.
3. Photograph(s) of the tree(s).
4. If required by the Director, a certified or consulting arborist's written assessment of the tree's disposition shall be provided for review by the Town. The report shall be signed by the arborist and include tree size (diameter, height, crown spread); location on the site; numbered on a site plan or arborists tree survey (if there is more than one (1) tree); condition of health; condition of structure; and if tree risk findings apply, a Tree Risk Assessment and Rating must be completed using the most recent version of the Tree Risk Assessment Best Management Practices or any successor document published by the International Society of Arboriculture. Other information, images, etc. may be included in the report.
5. If structural damage to a building, major landscape feature, or appurtenance, including utilities is the basis for the request, a report from a licensed architect or engineer may also be required in addition to an arborist report. This additional report shall describe what modifications to buildings, structures, improvements or utilities would be required to mitigate the damage(s) directly caused by the tree.
6. Payment of permit fee, as established by Town resolution. (Ord. No. 2240, § I(Exh. B), 6-2-15)
Section 29.10.0985. Determination and conditions of permit. The Director or the deciding body shall impose, except when removal is permitted if the tree is dead or a Tree Risk Rating of Extreme or High is present, as a condition on which a protected tree removal permit is granted that two or more replacement trees of a species and a size designated by the Director or designee, shall be planted in the following order of preference:
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 43 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 (1) Two (2) or more replacement trees, of a species and size designated by the Director, shall be planted on the subject private property. Table 1 The Tree Canopy—Replacement Standard, shall be used as a basis for this requirement. The person requesting the permit shall pay the cost of purchasing and planting the replacement trees.
Table 1 Tree Canopy – Replacement Standard
Canopy Size of Removed Tree Replacement Requirements
10 feet or less Two 24-inch box trees
More than 10 feet to 25 feet Three 24-inch box trees
More than 25 feet to 40 feet Four 24-inch box trees; or Two 36-inch box trees
More than 40 feet to 55 feet Six 24-inch box trees; or
Three 36-inch box trees
Greater than 55 feet Ten 24-inch box trees; or
Five 36-inch box trees
(2) If a tree or trees cannot be reasonably planted on the subject property, an in-lieu payment in an amount set forth by the Town Council by resolution shall be paid to the Town Tree Replacement Fund to:
a. Add or replace trees on public property in the vicinity of the subject property;
b. Add or replace trees or landscaping on other Town property; or c. Support the Town’s urban forestry management program. (Ord. No. 2114, §§ I, II, 8-4-03)
Protected Trees. The Town has adopted ordinances which protect trees within the Town based on the location, diameter, and species of tree. The project proposes to remove approximately 263 trees within the parcel, some of which are Town protected trees, while preserving approximately 65 trees along the perimeter of the site and woodland area on eastern boundary (refer to Sheet L4-0 for the tree removal plan found in Appendix A). The project will plant an additional 148 trees along the edges and throughout the project site.
Table 2, Summary of Trees to be Removed, to Remain, and to be Planted presents the number of trees to be removed, to remain, and to be planted on and around the project site.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 44 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Table 2 Summary of Trees to be Removed, to Remain, and to be Planted Name Quantity
Number of trees onsite1 330
Protected Trees (Town of Los Gatos) 251
Existing dead trees onsite1 4
Existing trees to be removed2 264
Existing trees to remain2 66
New trees to be planted 278
Coast live oak trees to remove2 70
Coast live oak trees to remain2 49
Total of trees to remain & proposed onsite 344
SOURCE: Van Dorn ABED Landscape Architects, INC.
NOTE: EMC estimate based on Van Dorn ABED.
Impacts to protected trees are considered significant adverse environmental impacts. A tree removal permit and coordination with the Town of Los Gatos will be required in order to proceed with tree removal within the site and of street trees around the site.
The 2040 General Plan EIR states that adherence to the Town Code and 2040 General Plan policies, such as Policy ENV-2.1 described previously, would ensure less than significant impacts regarding conflicting with any local policies or ordinances protecting biological resources. Therefore, 2040 General Plan Policy ENV-2.1 and the Town Code are implemented by the following condition of approval, which would ensure that impacts associated with tree removal are less than significant.
Condition of Approval
Per Town Code Section 26.20.010 and Chapter 29, Article 1, Division 2, the developer shall obtain a tree removal permit prior to the removal of protected trees on private or Town property. The project developer shall abide by any tree replacement ratios and/or in-lieu payments, tree protection measures, and best management practices required by the tree removal permit and/or within an updated arborist report. (Appendix D)
f. Critical Habitat, Habitat Conservation Plans, Natural Community Conservation Plans. The General Plan EIR states that the Town is not subject to the Santa Clara Valley Habitat Plan/Natural Community Conservation Plan and there are no other plans applicable to the planning area. Therefore, the 2040 General Plan EIR concludes there would be no impact associated with conflicting with the provisions of an adopted habitat conservation plan, natural conservation plan, or other approval local, regional, or state habitat conservation plan.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 45 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 As stated above, there are no critical habitat boundaries, habitat conservation plans, natural community conservation plans, or other approved local, regional, or state habitat conservation plans applicable to the proposed project site (CDFW 2024d, USFWS 2024a). Critical habitat for the marbled murrelet is located 6.6 miles west of the project site (USFWS 2024c). However, suitable marbled murrelet habitat is not present at the project site and dispersal of marbled murrelet to the project parcel is unlikely. Bay checkerspot butterfly and California tiger salamander critical habitat is located over eight miles east of the project site. Suitable habitat for these species is also not present within or around the project parcel.
The project would not result in new impacts than what was evaluated in the 2040 General Plan EIR; therefore, this issue was adequately addressed by the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 46 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
5. CULTURAL RESOURCES
Would the project:
Comments:
a/b. According to the 2040 General Plan EIR (Section 4.5, Cultural and Tribal Cultural Resources), effects on cultural resources are only knowable once a specific project has been proposed because the effects are dependent on the individual project site conditions, project activities that may alter the character of an environment’s resources, and/or the characteristics of the proposed ground-disturbing activity (p. 4.5-10).
Ground-disturbing activities associated with development have the potential to damage or destroy previously unknown historic or prehistoric archaeological resources that may be present on or below the ground surface. The 2040 General Plan EIR determined that in addition to compliance with applicable 2040 General Plan policies, future development would be required to complete a Phase I Cultural Resources Inventory of the site, as required by the 2040 General Plan EIR Mitigation Measure CR-1. Implementation of this mitigation measure would reduce impacts to historical and unique archaeological resources to a less-than-significant level (Town of Los Gatos 2021, p. 4.5-12).
Historic Structures. The Northwest Information Center (NWIC) was contacted to determine if there were any known cultural resources within the project vicinity. The NWIC returned with reply letter 23-0118 indicating that while no resources have been recorded, but two resources were found within the 0.25 of a mile of the project:
P-43-001234 which is Los Gatos High School which was recommended for listing on the National Register of Historic Places; and
P-43-001265 is a one-story residence that was previously recommended ineligible for listing in the National Register of Historic Places and California Register of Historical Resources.
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Cause a substantial adverse change in the significance of a historical resource pursuant to section 15064.5?
☒ ☐ ☐ ☐
b. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to section 15064.5?
☒ ☐ ☐ ☐
c. Disturb any human remains, including those interred
outside of dedicated cemeteries?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 47 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 The results of the archival search states that two historic structural resources are located in the project vicinity (P-43-001234 and P-43-001265). However, these resources would not be impacted from implementation of the proposed project because they are located off-site. The high school is adjacent to the southern border of the project site. The residence is 0.20 of a mile southwest of the project site.
A historic resource evaluation was prepared by Urban Programmers in September 2024 and was peer-reviewed by JRP Historic Consulting LLC in August 2024. The evaluation (Appendix E) concluded that the Los Gatos Lodge does not meet the criteria of the National Register of Historic Places nor the California Register of Historical Resources and is not a historic resource under the definition in CEQA. The Los Gatos Lodge was determined to be of generic architecture in a pleasant setting and it is unlikely that important information from pre-history exists on the site.
Archaeological Resources. An archaeological pedestrian survey of the project area was completed on September 14, 2007 by Lisa Holm PhD (Pacific Legacy). Ms. Holm surveyed every three to five meters of all areas of the project site not covered by structures to identify surface traces of historic or prehistoric materials in the project area.
The archaeological pedestrian survey results were negative. There was no surface evidence of cultural resources such as ground stone, shell, or lithics. There was no surface evidence of historic or unique archaeological resources.
However, unknown buried prehistoric, historic or unique archaeological resources could be present at the site. While unlikely, the project has the potential to uncover or disturb unknown cultural resources, causing a substantial change in the significance of the resource. This would be considered a significant impact. The proposed project would be required to adhere to 2040 General Plan Policy ENV-12.1, which requires that archaeological and/or cultural resources are evaluated early in the development review process through consultation and use of contemporary professional techniques, and Policy ENV-12.5, which requires that if cultural resource, including archaeological or paleontological resources, are uncovered during ground-disturbing activities, construction will stop until appropriate mitigation is implemented. These policies are implemented through Conditions of Approval TCR-1 and TCR-2; Condition of Approval TCR-2 is recommended by the archaeological survey prepared by Pacific Legacy. Implementation of both conditions of approval is required by the project applicant in order to reduce impacts associated with buried archaeological resources to a less-than-significant level.
Refer to Section 18.0, Tribal Cultural Resources, for the conditions of approval.
The 2040 General Plan EIR adequately addressed the project’s potential impacts on historic and archaeological resources.
c. The 2040 General Plan EIR (Section 4.5, Cultural and Tribal Cultural Resources) determined that although much of the Town of Los Gatos is built out, the potential still exists for these resources to be present. Excavation during construction activities in Los Gatos would have the potential to disturb these resources, including Native American
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 48 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 burials. The 2040 General Plan EIR found that human burials, in addition to potentially being associated with archaeological resources, have specific provisions for treatment in Section 5097 of the California Public Resources Code. The California Health and Safety Code (Sections 7050.5, 7051, and 7054) has specific provisions for the protection of human burial remains. Existing regulations address the illegality of interfering with human burial remains, and protects them from disturbance, vandalism, or destruction, and establishes procedures to be implemented if Native American skeletal remains are discovered. Public Resources Code §5097.98 also addresses the disposition of Native American burials, protects such remains, and established the NAHC to resolve any related disputes.
The 2040 General Plan requires compliance with existing regulations relating to the treatment of human remains in Goal ENV-12, specifically policies ENV-12.4 and ENV-12.6. Implementation of this these policies would help ensure that development would have a less than significant impact from potential disturbance of human remains, including those interred outside of formal cemeteries (Town of Los Gatos 2021, p. 4.5-13).
Conditions of approval should be applied to require the project to comply with existing regulations relating to the treatment of human remains and with 2040 General Plan Goal ENV-12, ENV-Policy 12.4, and Policy ENV-12.6, which would ensure impacts are less than significant. The 2040 General Plan EIR adequately addressed the project’s potential impacts on historic and archaeological resources.
See also Section 18, Tribal Cultural Resources.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 49 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
6. ENERGY
Would the project:
Comments:
a. As stated in the 2040 General Plan EIR (Section 4.6, Energy), population growth and development associated with buildout of the 2040 General Plan would result in an overall increase in energy consumption. This rise in energy demand would primarily stem from transportation fuel consumption resulting from new vehicle trips traveling to and from development areas, alongside higher natural gas and electricity usage during daily operations. To address the additional energy demand, the 2040 General Plan included various land use strategies, policies, and implementation programs that promote energy conservation and energy efficiency. These initiatives focus on optimizing land use, enhancing public transportation options, promoting energy-efficient building practices, and encouraging renewable energy sources. The 2040 General Plan included a multitude of policies across multi-disciplinary topics that directly and indirectly address building energy conservation and efficiency and reducing mobile source transportation fuel demand through land use, transportation planning, and individual project design measures. The 2040 General Plan EIR concludes that with implementation of associated policies, energy impacts of development under the 2040 General Plan would be less than significant.
The proposed project is consistent with the 2040 General Plan. Conditions of approval should be applied to ensure that the project is consistent with the below 2040 General Plan policies that address project-specific measures to reduce building- and transportation-source energy demand.
Policy PFS-6.1. Energy Conservation in Development. Encourage the use of energy conservation techniques and technology in existing and proposed developments to improve energy conservation;
Policy PFS-6.2. Renewable Energy Sources. Encourage the use of renewable energy sources and alternative fuels;
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
☒ ☐ ☐ ☐
b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 50 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Policy PFS-6.4. Passive Solar Heating and Cooling. Require new subdivisions to examine the feasibility of incorporating site layouts that allow for passive solar and heating and cooling;
Policy PFS-6.5. Solar Orientation. Require new development to incorporate measures that reduce energy use through solar orientation by taking advantage of shade, prevailing winds, landscaping and sun screens;
Policy PFS-7.1. Sustainable Practices in Design and Construction. Require new construction and remodels to use energy- and resource-efficient and ecologically sound designs, technologies, and building materials, as well as recycled materials to promote sustainability;
Policy PFS-7.2. Energy Efficiency Requirement. Require higher levels of energy efficiency as house size increase. Policy PFS-7.3. Reduce Use of Nonrenewable Resources. Encourage reductions in the use of nonrenewable resources in building construction, maintenance, and operations;
Policy PFS-7.4. Green Roofs and Community Gardens. Encourage new multifamily construction to include green roofs and common space for community gardens; and
Policy PFS-7.10. LEED Certification and Alternative Methods. Encourage new construction, including municipal building construction, to achieve third-party green building certification, such as the GreenPoint Rated program, LEED rating system, Living Building Challenge, or an equivalent.
Compliance with these conditions of approval will ensure that energy impacts of the project will have been adequately evaluated in the 2040 General Plan EIR. b. A multitude of state regulations and legislative acts are aimed at improving vehicle fuel efficiency, energy efficiency, and enhancing energy conservation. A number of these are referenced in the 2040 General Plan EIR. Fundamental examples include the California Building Code, which includes the CALGreen Code (Title 24, Part 11) and the State Building Energy Efficiency Standards (Title 24, Part 6). All new development in the Town must be consistent with these regulations, which are enforced by the Town through the building permit process. The 2040 General Plan does not contain energy plans for energy efficiency or renewable energy that are independent of the noted state regulations. Because the proposed project is consistent with the 2040 General Plan, the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Therefore, the 2040 General Plan EIR has adequately evaluated the project’s potential conflicts with state for energy efficiency.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 51 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
7. GEOLOGY AND SOILS
Would the project:
Comments:
According to the 2040 General Plan, the project is within a geologic hazard zone, as discussed below. The 2040 General Plan EIR determined that in addition to compliance with the mandatory California Building Code requirements, implementation of 2040 General Plan goals Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
(1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42?
☒ ☐ ☐ ☐
(2) Strong seismic ground shaking? ☒ ☐ ☐ ☐
(3) Seismic-related ground failure, including
liquefaction?
☒ ☐ ☐ ☐
(4) Landslides? ☒ ☐ ☐ ☐
b. Result in substantial soil erosion or the loss of topsoil? ☒ ☐ ☐ ☐ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, or collapse?
☒ ☐ ☐ ☐
d. Be located on expansive soil, creating substantial
direct or indirect risks to life or property?
☒ ☐ ☐ ☐
e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the disposal of wastewater?
☒ ☐ ☐ ☐
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 52 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 and policies would further reduce the potential for loss, injury, or death following a seismic event (Town of Los Gatos 2021, p 4.7-20). The following 2040 General Plan policies requiring preparation of a geotechnical report and implementation of seismic design features would be applicable to the project and may be imposed as conditions of approval.
HAZ-4.1 Geologic Hazard Zone Development. Require new
development to be sited away from high risk geologic and seismic hazard zones or, if located in a high-risk zone, incorporate construction techniques or specialized technologies to reduce risk.
Restrict new development and redevelopment based on the levels of risk and potential severity of geologic hazards.
HAZ-4.2 Geotechnical Report – Seismic Hazards. Require a geotechnical report by a licensed engineering geologist and/or geotechnical engineer for new developments proposed in hazard zones mapped by the State or identified by the Town, as shown in Figures 9-2 through 9-5 of this Hazards and Safety Element. The report shall identify all site geologic, seismic, and geotechnical engineering conditions and potential hazards and include appropriate design measures to mitigate potential fault ground rupture/deformation impacts to acceptable levels.
HAZ-4.3 Geotechnical Report – Grading. Require a geotechnical report by a licensed engineering geologist and/or geotechnical engineer for new developments proposed with significant grading, potential erosion, and sedimentation hazards.
HAZ-4.4 Geotechnical Report – Construction Methods. Require a geotechnical report by a qualified engineering geologist and/or geotechnical engineer for new developments proposed in areas with identified geologic hazards. The report shall specify construction methods to protect existing and future residences, from identified hazards
HAZ-4.8 Geologic Hazards Checklist. Require that a licensed geologic/geotechnical engineer complete the Town Geologic Hazards Checklist for all new proposed development to
demonstrate that potential hazards have been identified and that proposed structures, including grading cuts and fills, will be designed to resist potential earthquake effects.
Consistent with the above 2040 General Plan policies, the 50 Los-Gatos Saratoga Road, California Preliminary Geotechnical Exploration (“geotechnical report”) was prepared for the proposed project by ENGEO Incorporated in February 2024. The geotechnical report was peer reviewed by the Town’s Geotechnical consultant, Cotton, Shires and Associates, Inc. on April 1, 2024. The geotechnical report contains engineering and design recommendations that would be incorporated as conditions of project approval. The full geotechnical report, as well as the peer review report, can be found in Appendix F.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 53 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 a. Fault Rupture. The 2040 General Plan EIR states that fault rupture is unlikely to affect new or existing structures in the Town because the only Alquist-Priolo Earthquake Fault Zone is located east of the Town’s western limits (p. 4.7-19).
According to the California Department of Conservation’s Earthquake Zones of Required Investigation, the project site is not located within an Alquist-Priolo Earthquake Fault Zone (California Department of Conservation 2024). The geotechnical report noted a trace of the Shannon fault across the site. However, it was concluded that this trace was not active (ENGEO Incorporated 2024, p. 4).
The project would not result in new impacts and, therefore, the 2040 General Plan EIR adequately addressed this issue.
Seismic Ground-Shaking. The Town of Los Gatos is within a seismically active region and earthquakes have the potential to cause ground-shaking of significant magnitude. Los Gatos is subject to particularly strong ground-shaking effects because it is within the “near source” zone of both the San Andreas and Monte Vista Faults (Town of Los Gatos 2021, p. 4.7-10). The General Plan EIR found that the 2040 General Plan would encourage infill development, which would in many cases replace older structures subject to seismic damage with newer structures built to current seismic standards that could better withstand the adverse effects of strong ground-shaking. The 2040 General Plan EIR determined that implementation of the 2040 General Plan policies as well as mandatory compliance with the California Building Code, which would ensure that the structures are designed to resist or absorb damaging forces from strong ground-shaking, would reduce the potential for loss, injury, or death following a seismic event.
The proposed project is located within an area of generally high intensity for groundshaking according to the 2040 General Plan, Figure 9-4. However, the project is a redevelopment project and would be replacing older buildings with newer structures built to current seismic standards, which may reduce the risks associated with strong seismic shaking. Additionally, through conditions of approval, the project would be required to implement applicable 2040 General Plan polices including HAZ-4.1, which requires new development to be sited away from high risk geologic and seismic hazard zones or to incorporate construction techniques or specialized technologies to reduce risk. The project would also be required to implement the recommendations of the geotechnical report as conditions of project approval, as well as the provisions of the California Building Code, which would ensure that the buildings were designed to resist damaging forces from ground shaking.
The proposed project would not result in new impacts beyond those already addressed in the 2040 General Plan EIR; therefore, the 2040 General Plan EIR adequately addressed the project’s potential impacts associated with seismic ground-shaking.
Liquefaction. The 2040 General Plan EIR determined that development under the 2040 General Plan would result in additional residential and nonresidential development within the Town of Los Gatos that could be exposed to liquefaction during a seismic event. The
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 54 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 2040 General Plan EIR found that implementation of the 2040 General Plan goals and policies would require a detailed review of design and construction plans and incorporation of additional structural safety features that would be required on a projectby-project basis, as necessary, for structures that would be located in high-risk liquefaction areas of Los Gatos. The 2040 General Plan EIR concluded that implementation of these goals and policies, in addition to compliance with California Building code seismic standards, would minimize the potential for loss, injury, or death following a seismic event and would reduce this potential impact to a less than significant level.
According to the geotechnical report prepared for the proposed project, the Seismic Hazard Zones Map for the Los Gatos Quadrangle shows that the western and central portions of the site are located within a liquefaction hazard zone (ENGEO Incorporated 2024, p. 9). The project involves redevelopment of the site and would be replacing older buildings with newer structures built to current seismic standards. The project would be required to adhere to the 2040 General Plan Policies identified at the beginning of this section of the initial study. The project would also be required to adhere to recommended engineering design and construction measures of the geotechnical report and California Building Code to ensure that the foundations and other structural support features would resist or absorb damaging forces from liquefaction. Implementation of the 2040 General Plan policies, compliance with the California Building Code, as well as the recommendations from the geotechnical report would reduce the project’s potential to directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving liquefaction. The proposed project would not result in new impacts beyond those already addressed in the 2040 General Plan EIR. Therefore, potential impacts associated with liquefaction were adequately addressed in the 2040 General Plan EIR.
Landslides. The 2040 General Plan EIR states that there is a potential for landslides throughout the southern and eastern portions of the Town extending as far north as Blossom Hill Road. There is also a potential for landslides along the steep banks of drainages and street graded slopes associated with excavations. Landslide potential is minimal in the gently sloping west central and northernmost portions of the Town (p. 4.7-19). The 2040 General Plan EIR concludes that with implementation of the 2040 General Plan goals and policies that require more detailed review of design and construction plans, risks associated with landslides would be less than significant (p. 4.7-21).
The project site is not located within a Landslide Zone (California Department of Conservation 2024). As stated above, landslide potential is minimal in the northernmost portions and the gently sloping west central portions of Los Gatos, such as the project site. The project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR. The 2040 General Plan EIR adequately addressed impacts associated with landslides.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 55 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 b. The 2040 General Plan EIR concludes that adherence to the National Pollutant Discharge Elimination System (NPDES) permitting requirements, inclusive of the requirements of the stormwater pollution prevention plan, as well as compliance with the Town Code and applicable 2040 General Plan goals and policies would minimize the potential for erosion and loss of topsoil during construction of projects within the Town of Los Gatos and indicates that impacts would be less than significant (p. 4.7-22 and 23).
The proposed project would involve ground-disturbing construction activities that may result in loose or disturbed soils, which can increase the potential for erosion and loss of topsoil. The project would involve construction activities that disturb one or more acres of land and, therefore, is subject to the NPDES General Permit for Storm Water Discharges Associated with Construction and Lan Disturbance Activities (Order No. 2012-0006-DWQ) (“General Permit”). As required under the General Permit, the project will develop a stormwater pollution prevention plan and submit to the Town for review and approval. The stormwater pollution prevention plan will illustrate the project’s use of erosion and sediment control best management practices. The project is also required to adhere to Town Code Chapter 12, Grading, Erosion, and Sediment Control, which provides regulatory standards to ensure grading, erosion, and sediment associated with development are minimized. The following 2040 General Plan policies are also applicable to the project:
ENV-15.1 Erosion Control Plans - Require all new developments in areas subject to soil erosion and slippage to provide an effective erosion control plan to minimize soil erosion. The erosion control plans shall be implemented prior to construction operations and maintained throughout the construction process.
ENV-15.2 Minimize Grading - Require grading permits to ensure that the grading of slopes and sites proposed for development will be minimized.
ENV-16.7 Parking Lot Drainage - Implement bioswales and other innovations so runoff from parking lots drain into landscaped areas and rainwater percolates into the ground.
Implementation of the abovementioned 2040 General Plan policies as well as compliance with the Town Code will minimize the potential for erosion and loss of topsoil during construction of the proposed project. With the implementation of these policies as conditions of approval, the proposed project would not result in new impacts beyond those already addressed in the 2040 General Plan EIR; therefore, the 2040 General Plan EIR has adequately addressed the project’s potential impacts associated with erosion and loss of topsoil.
c. The 2040 General Plan EIR concludes that implementation of applicable general plan goals and policies as well as compliance with the California Building Code’s engineering design and construction measures would help to resist the adverse effects of unstable
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 56 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 geologic units. The 2040 General Plan EIR concludes that impacts from project that is located on a geologic unit or soil that is unstable or that would become unstable as a result of the project are less than significant (p. 4.7-21).
As indicated previously, the project is located on a site that is susceptible to liquefaction.
Structures constructed on soils which are prone to liquefaction are subject to damage and possible collapse as a result of settlement and lateral spreading due to liquefaction (Town of Los Gatos 2021). Therefore, the project may be located on a site with unstable soils, or soils that may become unstable with implementation of the proposed project. The project would be required to comply with the California Building Code and recommendations of the geotechnical report including engineered fill, post-tensioned mat foundations, and pavement design to reduce the potential for impacts (Engeo Incorporated 2024, p. 11- 14). The proposed project would not result in new impacts beyond those already addressed in the 2040 General Plan EIR; therefore, the 2040 General Plan EIR has adequately addressed impact associated with soil instability. d. According to the 2040 General Plan EIR, the clay minerals within the soil of Los Gatos are prone to expansion and have moderate to high shrink-swell potential (p. 4.7-5). Soils with these characteristics can damage foundations and pavement unless recognized and properly handled through the appropriate design measures. The 2040 General Plan EIR concluded that compliance with the 2040 General Plan policies and requirements of the California Building Code would reduce impacts related to expansive soils to a less-thansignificant level (p. 4.7-23).
The geotechnical report determined that the on-site soils have moderate expansion potential (ENGEO Incorporated 2024, p. 7). The project would be required to implement the recommendations within the geotechnical report including engineered fill, structural reinforcement of foundations, and pavement design to address impacts associated with expansive soils. The project would be required to comply with applicable 2040 General Plan policies including those listed at the beginning of this section of the initial study. Compliance with the 2040 General Plan policies, the California Building Code, and the recommendations contained within the geotechnical report would reduce the potential for impacts associated with soil expansion. The proposed project would not result in new impacts beyond those already addressed in the 2040 General Plan EIR. e. The 2040 General Plan EIR concludes that new development would occur where existing roads, water, and sewer systems are in place, minimizing the need to develop new wastewater disposal systems and no significant impacts would occur (p. 4.7-24).
The proposed project would connect into the Town of Los Gatos’s existing wastewater collection system and, therefore, would not require soils that support the use of septic tanks. The proposed project would not result in new impacts than those evaluated in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 57 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 f. According to the 2040 General Plan EIR, the Pleistocene sedimentary deposits in Los Gatos have a high potential to yield paleontological resources (p. 4.7-25). The 2040 General Plan EIR concluded that compliance with 2040 General Plan Policy ENV-12.5, which requires that if cultural resources, including archaeological or paleontological resources, are uncovered during grading or other on-site excavation activities, construction shall stop until appropriate mitigation is implemented, would ensure that construction impacts related to paleontological resources and unique geologic features would be less than significant. The 2040 General Plan EIR also concluded that implementation of 2040 General Plan EIR Mitigation Measure GEO-1, which requires the preparation of paleontological resource studies for projects that involve ground disturbance in project areas mapped as high paleontological sensitivity, would ensure less than significant impacts (p. 4.7-25).
The proposed project is a redevelopment project on previously disturbed soils. However, because the project involves grading and excavation activities, it has the potential to uncover or accidentally destroy unique paleontological resources. Therefore, conditions of approval should require implementation of 2040 General Plan EIR Mitigation Measure GEO-1 and compliance with 2040 General Plan Policy ENV-12.5 to ensure that potential project impacts associated with paleontological resources and unique geologic features would be less than significant. The project would not result in any impacts beyond those already evaluated in the 2040 General Plan EIR.
Condition of Approval
GEO-1 In the event that paleontological resources are accidentally discovered during construction activities, construction activities in the area shall be suspended until a qualified paleontologist can be retained by the developer to examine the site, and protective measures can be implemented to protect the resource.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 58 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
8. GREENHOUSE GAS EMISSIONS
Would the project:
Comments:
a. The proposed project will generate greenhouse gas (GHG) emissions primarily from transportation, energy, water and wastewater, and solid waste disposal sources. These emissions will contribute to the overall accumulation of GHG emissions in the atmosphere.
The 2020 General Plan EIR utilized various models to assist with evaluating GHG emissions and used the air district's CEQA Guidelines to assess the significance of planlevel GHG impacts. The General Plan EIR concluded that implementation of the 2020 General Plan would result in the threshold of significance being exceeded and that the impact would be significant and unavoidable (Town of Los Gatos 2010, p. 4.6-56).
Individual projects must be consistent with applicable General Plan policies, including energy- and transportation-related policies that would reduce GHG emissions from individual land use projects. Transportation is typically the dominant source of GHG emissions in the emissions inventory of land use projects. These policies include:
MOB-1.1. Require all development and redevelopment proposals with more than 10 housing units or over 5,000 square feet of nonresidential square footage to include a detailed, sustainable, and measurable Transportation Demand Management (TDM) program with accountability requirements to ensure the TDM measures are achieved.
MOB-1.3. Development near transit stops shall provide TDM programs or facilities that encourage transit use for all types of trips.
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
☒ ☐ ☐ ☐
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 59 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 ENV-8.4. Require installation of electric vehicle charging stations as a ratio of total required parking for new and redeveloped commercial, multi-family, residential subdivision, and
condominium projects.
The proposed project is consistent with the land use designation and development density for the site that was evaluated in the 2020 General Plan EIR. The 2020 General Plan EIR, therefore, accounts for the project contribution to the significant and unavoidable GHG impact from implementing the 2020 General Plan Land Use Element.
The GHG impacts of the project have been adequately evaluated in the 2040 General Plan EIR. Conditions of approval requiring consistency of the project with applicable 2040 General Plan policies will lessen its contribution to the impact. The proposed project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
b. The 2040 General Plan EIR evaluated the 2040 General Plan for consistency against the 2017 Scoping Plan, a plan prepared by the California Air Resources Board to identify the state’s roadmap of actions to reduce GHG emissions to meet the state’s GHG reduction goals. The 2017 Scoping Plan was considered to be the applicable plan for reducing GHG emissions. The 2040 General Plan EIR concluded that implementation of the 2040 General Plan would conflict with the 2017 Scoping Plan. The impact was determined to be significant and unavoidable.
As noted in checklist question “a” above, the proposed project would contribute to the significant and unavoidable 2040 General Plan GHG impact. Consequently, it would also contribute to the significant and unavoidable impact from conflict with the 2017 Scoping Plan. The impact of the project regarding conflict with the applicable plan for reducing GHG emissions has been adequately evaluated in the 2040 General Plan EIR. The proposed project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 60 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
Comments:
a. The proposed multifamily housing development would not result in new uses that would be expected to regularly use, transport or dispose hazardous materials and, therefore, the project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
b. The 2040 General Plan EIR determined that infill development throughout the Town of Los Gatos, could require the demolition of existing uses to facilitate future development Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☒ ☐ ☐ ☒
b. Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
☒ ☐ ☐ ☐
c. Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
☒ ☐ ☐ ☐
d. Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a result,
create a significant hazard to the public or the
environment?
☒ ☐ ☐ ☒
e. For a project located within an airport land-use plan or, where such a plan has not been adopted, within
two miles of a public airport or a public-use airport,
result in a safety hazard or excessive noise for people residing or working in the project area?
☐ ☐ ☐ ☒
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
☒ ☐ ☐ ☒
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or death involving wildland fires?
☒ ☐ ☐ ☒
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 61 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 and if such buildings identified for demolition were constructed prior to the 1970s, lead and asbestos could be present and released into the environment during demolition activities. California Code of Regulations Section 1532.1 requires testing, monitoring, containment, and disposal of lead-based materials such that exposure levels do not exceed California Department of Industrial Relations, Division of Occupational Safety and Health Administration standards. The control of asbestos during demolition or renovation of buildings is regulated under the Federal Clean Air Act. Compliance with the mandatory requirements of California Code of Regulations and the Federal Clean Air Act would reduce the potential hazards and risks associated with release of lead and asbestos. The 2040 General Plan EIR concluded that the required oversight by the appropriate agencies would ensure that impacts related to the potential accident conditions involving the release of hazardous materials into the environment would be less than significant (Town of Los Gatos 2021, p. 4.9-19).
The geotechnical report determined that there may be fragments of serpentinite material in a portion of the exposed pavement base rock. Serpentinite is known to contain the fibrous mineral chrysotile, which is considered an asbestos mineral. Asbestos is a group of silicate minerals that readily separate into thin, strong, and flexible fibers that can become airborne when it is agitated (ENGEO Incorporated 2024, p. 7-8). The geotechnical report recommends laboratory testing of the existing base rock be performed during the design-level study to assess the potential for asbestos-laden material; this is consistent with 2040 General Plan Policy HAZ-7.2, which requires that phase I site assessments are prepared for all development proposed on land that may be contaminated with hazardous materials or waste.
Development of the project would include demolition of the Los Gatos Lodge, which was developed prior to 1970. If asbestos material is discovered, the project will be required to adhere to the rules and regulations outlined in the Asbestos Airborne Toxic Control Measure (ATCM) for Construction, Grading, Quarrying and Surface Mining Operations established by the Bay Area Air Quality Management District under California Code of Regulations, Title 17, Section 93015.
The project would not result in any impacts beyond those already evaluated in the 2040 General Plan EIR.
c. The 2040 General Plan EIR concluded that hazardous materials and waste generated from future development would not pose a health risk to nearby schools because any uses that handle or store hazardous materials on-site would be required to comply with the provisions of the California Fire Code and the Santa Clara County Fire District CUPA requirements (p. 4.9-20).
The project site is located adjacent to the Los Gatos High School; however, the project proposes residential uses that do not handle nor emit hazardous or acutely hazardous materials, substances, or waste. Therefore, the proposed project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 62 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 d. The 2040 General Plan EIR states that existing sites in Los Gatos may contain hazardous land uses that were previously used as gas stations, dry cleaners, or industrial uses. None of these uses are relevant to the project site. Development facilitated by the 2040 General Plan on these sites could expose construction workers and future occupants of the site to hazardous materials. The 2040 General Plan EIR concludes that compliance with existing state and local regulations and applicable 2040 General Plan policies would reduce impacts to a less-than-significant level (p. 4.9-22).
The following lists were reviewed in relation to the project site:
Hazardous Materials Waste and Substances Sites from the Department of Toxic Substances Control EnviroStor Database (Department of Toxic Substances Control 2024);
Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker Database (State Water Resources Board 2024); Solid Waste Disposal Sites Identified by Water Board with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit (California Environmental Protection Agency 2024a);
“Active” Cease and Desist Order and Cleanup and Abatement Orders from Water Board (California Environmental Protection Agency 2024b); and List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by the Department of Toxic Substances Control (California Environmental Protection Agency 2024c).
The project site is not located on any of these lists compiled pursuant to Government Code section 65962.5 and, as a result, the project would not create a significant hazard to the public or the environment. Therefore, the project would not result in new impacts beyond those already adequately addressed in the 2040 General Plan EIR. e. According to the 2040 General Plan EIR, there are no public or private airports within or adjacent to Los Gatos and Los Gatos is entirely outside the area of influence for the airport. Therefore, the 2040 General Plan EIR concludes no impacts associated with airports or their influence areas (Town of Los Gatos 2021, p. 4.9-22).
The proposed project would not result in new impacts beyond what has already been adequately evaluated in the 2040 General Plan EIR.
f. The Town adopted an Emergency Operations Plan, which provides guidance on effective emergency response approaches and the Santa Clara County Office of Emergency Services developed an Operational Area Hazard Mitigation Plan, which details target programs for improving emergency preparedness and response. The 2040 General Plan EIR determined that development facilitated by the 2040 General Plan could lead to increased congestion during emergency evacuations. However, the 2040 General Plan includes policies that address emergency response as well as policies and programs outlined in the local emergency plans associated with emergency planning and response
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 63 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 that would ensure impacts related to implementation of adopted emergency response and evacuation plans would be less than significant (Town of Los Gatos 2021, p. 4.9-23).
The project is consistent with the growth projections and development type evaluated in the 2040 General Plan EIR. The 2040 General Plan EIR evaluated the site’s residential development at a greater density than what is proposed by the project and concluded that implementation of the 2040 General Plan would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan.
Therefore, the project would not result in new impacts that weren’t already adequately addressed by the 2040 General Plan EIR.
g. The project would not result in new impacts than those addressed adequately in the 2040 General Plan EIR. Refer to Section 20.0, Wildfire, for more information associated with wildfire concerns at the site.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 64 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
10. HYDROLOGY AND WATER QUALITY
Would the project:
Comments:
a. Construction Water Quality. The 2040 General Plan EIR found that development would result in an increase in pollutants in stormwater and wastewater and alter drainage patterns, but concluded that compliance with the National Pollutant Discharge Elimination System (NPDES) permit, the Town Code, and the 2040 General Plan goals and policies would minimize erosion and siltation and reduce the risk of discharge of Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or ground water quality?
☒ ☐ ☐ ☐
b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
☒ ☐ ☐ ☐
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
☐ ☐ ☐ ☒
(1) Result in substantial erosion or siltation on- or offsite; ☒ ☐ ☐ ☐
(2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor off-site; ☒ ☐ ☐ ☐
(3) Create or contribute runoff water that would exceed the capacity of existing or planned storm water
drainage systems or provide substantial additional
sources of polluted runoff; or
☒ ☐ ☐ ☐
(4) Impede or redirect flood flows? ☒ ☐ ☐ ☐
d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
☒ ☐ ☐ ☐
e. Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 65 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 pollutants during construction. Therefore, violations of water quality standards or waste discharge requirements would be avoided and impacts would be less than significant.
Construction activity associated with the project would result in the alteration of existing drainage patterns and soil erosion due to earth-moving activities. This could result in sediment transport via stormwater runoff from the construction site and ultimately into collecting waterways contributing to the degradation of water quality.
The project would disturb more than one acre of soil and, therefore, would be subject to the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2012-0006-DWQ (construction general permit). The construction general permit requires the development of a stormwater pollution prevention plan that describes the site’s erosion and sediment control measures and runoff water quality monitoring. Compliance with the construction general permit is reinforced through the Town Code (Chapter 22), the Town’s Storm Drain Master Plan, and adherence to the San Francisco Bay Regional Water Quality Control Board’s Basin Plan, whose water quality objectives are incorporated into individual NPDES permits (Town of Los Gatos 2021, p. 4.10-10). The Town is also required, as part of the construction general permit, to incorporate construction site storm water runoff control elements into a stormwater management program as a means to control polluted discharges.
Compliance with the abovementioned regulations and applicable 2040 General Plan policies such as ENV-16.1, which requires that all applicants demonstrate that new development will not contaminate surface water and/or groundwater, would reduce the risk of water degradation within the Town of Los Gatos from construction activities to a less-than-significant level (Town of Los Gatos 2021, p. 4.10-13). Applicable 2040 General Plan policies should be adopted as conditions of approval.
The 2040 General Plan EIR adequately addressed the project’s potential impacts to water quality and potential violation of water quality and wastewater discharge requirements during construction activities.
Post-Construction Water Quality. The 2040 General Plan EIR determined that development would result in long-term alterations to drainage patterns in Los Gatos. If uncontrolled, operation of future development facilitated by the 2040 General Plan could result in the addition of sediment and silt, and contaminants such as oil, grease, metals, and landscaping chemicals (pesticides, herbicides, fertilizers, etc.) into the stormwater drainage system, and ultimately untreated discharge into San Francisco Bay and the Pacific Ocean. Such a discharge could be a potential violation of the NPDES General Permit for Storm Water Discharges, Order No. 2009-0009-DWQ (MS4 general permit).
To ensure compliance with the permit requirements and conditions of the MS4 general permit, Town Code Chapter 22 outlines regulations regarding illicit discharge and stormwater management control in the Town’s building regulations. Town Code Section
22.30.015 states that no person shall discharge or cause to be discharged into the storm drain system any materials that cause or contribute to violation of applicable water quality
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 66 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 standards, other than stormwater, to the maximum extent practicable. Town Code Section 22.30.035 requires implementation of best management practices during project construction or as measures for post-construction stormwater control, including maintenance to ensure proper operation. Compliance with these requirements would also minimize erosion and siltation that could adversely affect water quality in the Town. The 2040 General Plan EIR found that impacts would be less than significant.
The proposed development would result in the increase in impervious surfaces on the site, which could result in long-term alterations to the drainage pattern and result in sediment transport via stormwater runoff from the project site into collecting waterways, contributing to the degradation of water quality. Stormwater will be treated on-site as required to meet Town Code Chapter 22 requirements. Stormwater will be conveyed by gravity and pump to bioretention areas and other low impact development (LID) treatment measures before being discharged to existing public storm drains and swales that currently serve the site. Hydromodification measures will be used to detain project stormwater so that post-project flows are equal to or less than pre-project flows, which would minimize erosion and siltation that could adversely affect water quality within the Town of Los Gatos.
Conditions of approval should also be applied to require the project to comply with the following applicable 2040 General Plan policies:
ENV-16.1 Avoid Water Contamination from New Development.
Require all applicants to demonstrate that new development will not contaminate surface water and/or groundwater;
ENV-16.7 Parking Lot Drainage. Implement bioswales and other innovations so runoff from parking lots drain into landscaped areas and rainwater percolates into the ground; and,
ENV-17.8 Low-Impact Development. Encourage Low-Impact
Development (LID) measures to limit the amount of impervious surface in new development and to increase the retention, treatment, and infiltration of urban stormwater runoff. LID measures should also apply to major remodeling projects and to public and recreation projects where possible.
Adherence to these policies, along with the regulations identified in Town Code Chapter 22, would ensure that the project does not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality post-construction. The project would not result in new impacts beyond those already adequately addressed in the 2040 General Plan EIR. b. Groundwater Supply. The 2040 General Plan EIR states that the development associated with the 2040 General Plan would increase the demand for water from the Santa Clara Valley Subbasin. However, the growth evaluated in the 2040 General Plan EIR was considered in the 2015 Urban Water Management Plan, which determined that the
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 67 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 future water demand in Los Gatos is projected to be met by the current water supply.
Therefore, the 2040 General Plan EIR determined that projected growth evaluated in the 2040 General Plan EIR would not result in a depletion of groundwater supplies in the Santa Clara Valley Subbasin.
Since certification of the 2040 General Plan EIR and adoption of the 2040 General Plan, the San Jose Water Company updated and adopted its 2020 Urban Water Management Plan.
The 2020 Urban Water Management Plan concluded that the San Jose Water Company anticipates adequate supplies to meet system demand, even during prolonged drought conditions, through 2045 (San Jose Water Company 2021, p. 7-11). The Santa Clara Subbasin has not been identified by the California Department of Water Resources as being in critical overdraft. San Jose Water Company also plans to continue following all state and federal drinking water requirements and will work with Santa Clara Valley Water District (Valley Water), the California Division of Drinking Water, other groundwater basin stakeholders, and the public to ensure that groundwater remains safe and a reliable source of supply (San Jose Water Company 2021, p. 6-5). Therefore, the conclusions of the 2040 General Plan EIR would not change based on the urban water management plan update.
The 2040 General Plan EIR evaluated the project site with a land use designation of “Mixed Use” which allows for 30-40 residential units per acre. This is also consistent with the 2020 General Plan land use designation of Mixed-Use Commercial. The project proposes approximately 18 units per acre, which falls below the growth projections analyzed in the 2040 General Plan EIR. Therefore, the project’s potential impacts on the Santa Clara Valley Subbasin were adequately evaluated in the 2040 General Plan EIR.
Groundwater Recharge. The 2040 General Plan EIR concludes that the amount of new impervious surfaces from new development and redevelopment under the 2040 General Plan would be reduced through low impact development-related 2040 General Plan goals and policies and would not substantially interfere with groundwater recharge. Therefore, the 2040 General Plan EIR determined that the development under the 2040 General Plan would result in less than significant impacts related to groundwater recharge (Town of Los Gatos 2021, p. 4.10-14).
Conditions of approval should be imposed to require the project to comply with the 2040 General Plan goals and policies that would encourage groundwater infiltration and promote the use of recycled water and other conservation efforts. For example, Policy ENV-17.8 encourages low impact development measures to maintain or increase retention, treatment, and infiltration of runoff from pre-development conditions.
Development associated with the proposed project is consistent with the growth projections and development type evaluated in the 2040 General Plan EIR and, therefore, its impacts on the Santa Clara Valley Subbasin were adequately evaluated in the 2040 General Plan EIR. The project would not result in impacts beyond those adequately addressed in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 68 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 c. Erosion. Refer to Section 7.0, Geology and Soils, checklist question “b.” Flooding and Runoff. The 2040 General Plan EIR states that development in the Town could be subject to flood hazards and that compliance with applicable provisions of the Town Code would minimize the risk and exposure to flood hazards. Implementation of applicable 2040 General Plan goals and policies and compliance with the Town Code would ensure that the risk of loss, injury, or death involving flooding in the planning area is not exacerbated by development (p. 4.10-17).
As discussed in checklist question “a,” the project will be required to comply with the requirements of the MS4 general permit and implement best management practices (per Town Code Chapter 22), including low impact development measures, which would reduce imperviousness, decrease surface water flows, and/or slow stormwater runoff rates. Compliance with the MS4 general permit and the Town Code would ensure impacts associated with on- or off-site flooding and runoff would be less than significant.
The project would not result in new impacts beyond what was already adequately addressed in the General Plan EIR.
Flood flows. According to the 2040 General Plan EIR, most of Los Gatos is within the 500-year flood zone with a few portions, such as those areas west of State Route 17 and adjacent to creeks, in the 100-year flood zone. Development in these areas could be subject to flood hazard and/or could impede or redirect flood flows to adjacent areas.
Development within these areas would be required to comply with applicable provisions of the Town Code, which would minimize the risk and exposure to flood hazards. Town Code Chapter 29, Article IX includes requirements and provisions for reducing losses from flooding and for construction in flood-prone areas. Compliance with applicable sections of the Town Code would ensure that new structures would not impede or redirect flows. The 2040 General Plan EIR concluded that compliance with applicable laws and regulations of the Town Code would reduce impacts associated with the risk of loss, injury or death involving flooding. Therefore, impacts would be less than significant (Town of Los Gatos 2021, p. 4.10-17).
The project site is located in the Federal Emergency Management Agency’s (FEMA) Flood Zone X (500-year flood zone), which is a moderate flood hazard area and where there is a 0.2 percent annual chance of flood hazard (FEMA 2024). Town Code Chapter 29, Article IX – Floodplain Management, does not apply to the site because it is not located within a floodplain subject to a one percent or greater chance of flooding (i.e., Zones A, AO, A1-A30, AE, A99, or AH), which the Town calls “special flood hazard areas.” Conditions of approval will be imposed to require the project to implement 2040 General Plan Policy HAZ-5.4, which requires major new development and redevelopment to provide mitigation to ensure that the cumulative rate of peak stormwater run-off is maintained at pre-development levels. Implementation of this policy would ensure that potential impacts associated with the project impeding or redirecting flood flows are reduced. The project would not result in new impacts beyond what was already addressed in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 69 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 d. The Town of Los Gatos is not located in a tsunami or seiche zone. As determined in the 2040 General Plan EIR (Section 4.10, Hydrology and Water Quality), there would be no impact related to flood flows or project inundation (Town of Los Gatos 2021, p. 4.10-18). Therefore, the proposed project would not risk release of pollutants due to tsunami or seiche inundation of Los Gatos.
As discussed above, the project site is located within Flood Zone X; therefore, the project will be required to implement the 2040 General Plan policies previously listed under checklist question “c” Flood Flows. This would reduce the project’s potential to risk the release of pollutants due to project inundation. The project would not result in new impacts beyond what was already addressed in the 2040 General Plan EIR. e. Refer to the discussion under checklist question “a.” According to the 2040 General Plan EIR (Section 4.10, Hydrology and Water Quality), development under the 2040 General Plan would comply with the general permit, the Town’s Storm Drain Master Plan, applicable 2040 General Plan policies, and adhere to the San Francisco Bay Regional Water Quality Control Board’s Basin Plan. Therefore, the project would not conflict with or obstruct implementation of a water quality control plan.
The Sustainable Groundwater Management Act lists Valley Water as the exclusive groundwater management agency for Santa Clara County. The Sustainable Groundwater Management Act requires that groundwater management agencies prepare a groundwater sustainability plan or an alternative to achieve sustainability. Pursuant to the Sustainable Groundwater Management Act, Valley Water prepared its 2016 Groundwater Management Plan for the Santa Clara and Llagas Subbains as an alternative. Since the certification of the 2040 General Plan EIR and adoption of the 2040 General Plan, the 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins (“groundwater management plan”) was adopted by Valley Water. The projected demands in the Santa Clara and Llagas subbasins discussed in the groundwater management plan are based on data used to develop the Valley Water’s 2020 Urban Water Management Plan. Valley Water maintains diverse water supply sources to meet countywide demands, including local surface water and groundwater, imported water, and recycled water. Valley Water developed a Water Shortage Contingency Plan as part of its 2020 Urban Water Management Plan to establish actions and procedures for managing water supplies and demands during water shortages due to droughts and other emergencies. As stated within the groundwater management plan, Valley Water will be able to meet countywide demands through 2045 under normal, a single dry, and five consecutive dry year conditions. If a five-year drought were to occur in the next five years, Valley Water would employ a range of response actions, including water conservation and calling for short-term water use reduction (Santa Clara Valley Water District 2021, p. 4-21).
As discussed under checklist question “b” above, the 2040 General Plan EIR reviewed applicable 2040 General Plan policies and goals encouraging groundwater infiltration, promoting the use of recycled water, and other water conservation efforts to reduce the potential for depletion of groundwater resources resulting in less than significant impacts
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 70 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 on the Santa Clara Subbasin. The project is consistent with the growth projections evaluated in the 2040 General Plan EIR and, therefore, the project’s consistency with the Sustainable Groundwater Management Act has already been adequately evaluated in the 2040 General Plan EIR.
Therefore, the 2040 General Plan EIR adequately addressed the project’s potential to conflict with a sustainable groundwater management plan.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 71 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
11. LAND USE AND PLANNING
Would the project:
Comments:
a. The project is an infill site and the proposed redevelopment of the existing lodge is consistent with the policies that promote growth through infill development, such as 2020 General Plan LU-1.4, which requires that infill projects be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area. The project would not physically divide an established community and, therefore, would not result in new impacts that were not already adequately addressed in the 2020 General Plan EIR.
b. Section 4.11, Land Use and Planning, of the 2040 General Plan EIR identifies three regionally and locally adopted land use plans that apply to development under the General Plan: Plan Bay Area 2040 (ABAG 2017), Final 2017 Clean Air Plan (Bay Area Air Quality Management District 2017), and Los Gatos Sustainability Plan (Town of Los Gatos 2012).
Plan Bay Area 2040 is a long-range land use and transportation plan for the San Francisco Bay Area region that promotes healthy and safe communities by reducing impacts from air pollution, protecting open space and agriculture, and increasing active transportation.
The 2040 General Plan EIR provides a breakdown of the consistency between the 2040 General Plan and the Plan Bay Area 2040 goals in relation to climate protection, adequate housing, health and safe communities, open space and agricultural preservation, equitable access economic vitality, and transportation system effectiveness (refer to Table 4.11-4 of the 2040 General Plan EIR). As discussed in the 2040 General Plan EIR, the 2040 General Plan would be consistent with the goals contained in the Plan Bay Area 2040 (Town of Los Gatos 2021, p. 4.11-18).
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Physically divide an established community? ☐ ☐ ☐ ☒
b. Cause any significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 72 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 As discussed in Section 3.0, Air Quality, the project is consistent with the 2040 General Plan, which the 2040 General Plan EIR determined was consistent with the applicable Clean Air Plan through implementation of the applicable 2040 General Plan elements and policies.
The 2040 General Plan EIR provides a breakdown of the consistency between the sustainability measures associated with transportation, land use, energy, water, solid waste, and open space within the 2040 General Plan and the Los Gatos Sustainability Plan (refer to Table 4.6-5 of the 2040 General Plan). The 2040 General Plan EIR also discusses consistency with the California Green Building Standards Code and Title 24 of the California Energy Code. As discussed in Section 6.0, Energy, because the proposed project is consistent with the 2040 General Plan, the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency; this includes the Los Gatos Sustainability Plan and the energy efficiency strategies contained therein as well as Title 24 of the California Energy Code.
Development of the project is consistent with the growth projections evaluated in the 2040 General Plan EIR and, therefore, would also be consistent with all of the abovementioned plans (i.e., Plan Bay Area 2040, Clean Air Plan, Los Gatos Sustainability Plan, the state’s Title 24 of the Energy Code).
The 2040 General Plan EIR adequately addressed the project’s potential to conflict with applicable land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental impact. The project would not result in new impacts beyond those already addressed in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 73 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
12. MINERAL RESOURCES
Would the project:
Comments:
a, b. As discussed in Section 4.18, Effects Found Not to be Significant of the 2040 General Plan EIR, no mining occurs within the Town of Los Gatos (Town of Los Gatos 2021, p. 4.18-1, 2).
The Lexington Quarry is in operation and produces construction aggregate, but is located over 1.5 miles southeast of the project site. Development of the project would not result in the loss of availability of a known mineral resource or locally important mineral resource recovery site.
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Result in loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
☐ ☐ ☐ ☒
b. Result in the loss of availability of a locally important mineral resource recovery site delineated in a local
general plan, specific plan, or other land-use plan?
☐ ☐ ☐ ☒
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 74 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
13. NOISE
Would the project result in:
Comments:
Salter prepared a noise assessment for the proposed project, included in Appendix G of this initial study. This report was used to determine if new significant noise impacts will be produced by the project that were not adequately addressed in the 2040 General Plan EIR. The noise assessment was peer reviewed by Illingworth and Rodkin, which is also included in Appendix G. a. Temporary Noise Levels. The 2040 General Plan EIR determined that the construction of individual projects facilitated by the 2040 General Plan would temporarily generate increased noise levels, potentially affecting nearby noise-sensitive land uses. Provisions in the Town Code and policies in the 2040 General Plan would limit noise disturbance.
However, the 2040 General Plan EIR determined that Mitigation Measure N-1, which requires implementation of noise attenuation measures during construction activities for projects that have sensitive receptors within 25 feet, would be necessary to reduce potential construction noise impacts to a less-than-significant level (Town of Los Gatos 2021, 4.12-9-12).
Construction activities associated with the project would occur at various locations on the project site and could result in a short-term, significant increase in ambient noise levels.
Existing sensitive receptors are also located approximately 50 feet from where construction activities are proposed; therefore, the project would be required to comply with Town Code Section 16.20.035, which identifies timing and noise level requirements for construction equipment. Through conditions of approval, the project would also be 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?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 75 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 required to implement the applicable 2040 General Plan policies and goals such as Policy ENV-18.2, which requires that all interior residential noise levels be 45 dB or less; Policy ENV-18.3, which requires that all exterior noise levels adhere to the compatibility criteria shown on the General Plan’s Figure 8-6; and Policy ENV-18.4, which requires that appropriate site and building design, sound walls, minimum landscape buffers of five feet, and/or the use of noise attenuating construction techniques and materials be used in order to protect existing and proposed residential areas from noise, in order to reduce project construction noise and associated impacts. With imposition of these conditions, the project would not result in any new significant construction noise impacts that were not previously evaluated in the 2040 General Plan EIR.
Permanent Noise Levels. The 2040 General Plan EIR determined that development facilitated by the 2040 General Plan would introduce new on-site noise sources associated with residential land uses. The 2040 General Plan EIR concluded that continued regulation of on-site noise, consistent with the Town Code, and implementation of goals and policies of the 2040 General Plan would minimize disturbance to adjacent land uses.
Impacts associated with a permanent increase in noise levels were determined to be less than significant (Town of Los Gatos 2021, p 4.12-12, 13).
The proposed project includes air-conditioning (AC) units located at-grade, adjacent to the proposed residences that could affect existing nearby sensitive receptors. The noise assessment determined that the noise generated by the AC units would be within the Town’s maximum exterior noise levels. Therefore, the project would not result in any significant operational impacts that were not previously analyzed and adequately addressed in the 2040 General Plan EIR.
Traffic Noise Exposure. The 2040 General Plan EIR determined that development facilitated by the 2040 General Plan would result in over 27,000 new daily vehicle trips on area roadways, as well as increased vehicle miles traveled (VMT). However, the 2040 General Plan EIR determined that development under the 2040 General Plan would result in less than a ten percent increase in vehicle trips on area roadways as a whole. A 40 percent increase in trips equates to a noise increase of less than 1.2 decibels. A 3-dBA increase is considered noticeable. Therefore, this increase in traffic noise would not be perceptible and impacts were found be less than significant (Town of Los Gatos 2021, p.
4.12-14).
Development of the project is consistent with the growth projections evaluated in the 2040 General Plan EIR and, therefore, was considered in the daily vehicle trip increase and resultant noise increase in the 2040 General Plan EIR. Additionally, the transportation analysis prepared for the project concluded that the project would result in a net increase of 88 trips in AM and PM hours. According to this data, the project would result in a net increase in overall traffic noise of one dB or less (Salter 2024, p. 8), which is not perceptible to the human ear. The project’s contribution to existing and cumulative traffic noise exposure levels would be less than significant. The 2040 General Plan EIR adequately addressed the project’s potential to generate substantial temporary or permanent increases in ambient noise levels.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 76 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 b. The 2040 General Plan EIR determined that construction of individual projects facilitated by the 2040 General Plan could intermittently generate groundborne vibration on and adjacent to construction sites. The 2040 General Plan EIR concluded that vibration levels during daytime construction activity could potentially exceed Town thresholds at nearby sensitive uses and that the 2040 General Plan would have potentially significant impacts regarding vibration. However, it was determined that implementation of Mitigation Measure N-2, which requires measures as standard conditions of approval to minimize exposure to construction vibration, would reduce impacts to less than significant (Town of Los Gatos 2021, p. 4.12-17).
Development of the proposed project would result in the generation of vibration during construction activities. According to the noise assessment, the nearest and most sensitive adjacent receivers include a residence to the east, approximately 50 feet from the east project property line. Project construction may include activities such as the use of concrete saws, excavation and grading, and the use of rolling stock equipment (tracked vehicles, compactors, etc.). As indicated in the noise assessment, the limit related to risk of damage to nearby structures is 0.50 PPV. As shown in Table 6, Construction Equipment Reference Vibration Levels of the noise assessment, estimated vibration levels at the nearest adjacent structures meet the structural damage criteria and would not result in significant impacts related to vibration (Salter 2024, p. 11-12). The project would be required to implement 2040 General Plan EIR Mitigation Measure N-2, which would require standard conditions of approval to minimize exposure to construction vibration.
The project would not result in new significant impacts that were not already evaluated in the 2040 General Plan EIR.
Condition of Approval
The following conditions shall be included in construction documents:
a. Avoid the use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration.
b. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration, identifies as sensitive to daytime vibration (FTA 2005).
c. Notify neighbors of scheduled construction activities that would generate vibration which would require standard conditions of approval to minimize exposure to construction vibration.
c. Refer back to Section 9.0, Hazards and Hazardous Materials, checklist question “e.”
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 77 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
14. POPULATION AND HOUSING
Would the project:
Comments:
a. The 2040 General Plan EIR concludes that a fundamental purpose of the 2040 General Plan is to direct future development to infill areas. Compliance with applicable 2040 General Plan policies would ensure that impacts are less than significant.
The project includes the redevelopment of an existing lodge with 155 multifamily residential units, which would result in the population increase of the Town of Los Gatos. However, this population increase was considered and evaluated in the 2040 General Plan EIR. The project is consistent with the growth projections evaluated in the 2040 General Plan EIR and, therefore, would not result in substantial unplanned population growth in an area, either directly or indirectly. Therefore, the 2040 General Plan EIR adequately addressed the project’s potential impacts associated with population growth.
b. The 2040 General Plan EIR concludes that the 2040 General Plan promotes infill development and preservation of existing neighborhoods and that the new future growth would not be in areas that would displace existing residents.
The proposed project includes demolition of an existing lodge that provides short-term lodging to be replaced with long-term multifamily housing. The proposed project would not displace people or housing. Therefore, the project would not result in new impacts beyond what has already been adequately addressed by the 2040 General Plan EIR.
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?
☐ ☐ ☐ ☒
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 78 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 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-e. The 2040 General Plan EIR found that buildout of the 2040 General Plan would increase the demand for public services within the Town of Los Gatos and would result in the expansion or construction of new facilities. However, the 2040 General Plan EIR did not find significant impacts associated with new infrastructure related to fire protection, law enforcement, schools, parks, and other services at a community-level that could not be reduced to a less than significant level with implementation of 2040 General Plan policies such as, but not limited to: Policy PFS-19.4, which states that new development shall be accessible to emergency vehicles and shall not impede the ability of service providers to provide adequate emergency response, and Policy OSP-6.7, which indicates the Town’s park standards of five acres of parkland per 1,000 population.
The proposed project is within the growth projections and is consistent with the development type considered and evaluated in the 2040 General Plan EIR. There would be no new substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities as a result of the project that were not adequately addressed in the 2040 General Plan EIR. Applicable 2040 General Plan policies will be applied to the project as conditions of approval.
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
a. Fire protection? ☒ ☐ ☐ ☐
b. Police protection? ☒ ☐ ☐ ☐
c. Schools? ☒ ☐ ☐ ☐
d. Parks? ☒ ☐ ☐ ☐
e. Other public facilities? ☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 79 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
16. RECREATION
Comments:
a-b. The 2040 General Plan EIR found that there would not be significant environmental effects associated with the physical deterioration of public parks and recreational facilities.
The 2040 General Plan EIR determined that the Town exceeds the parkland ratio of 3 acres per 1,000 persons established by the Quimby Act and would continue to exceed this ratio with buildout of the 2040 General Plan. Therefore, it was determined that the 2040 General Plan buildout would not contribute to the need for new or expanded park or recreational facilities and the impact would be less than significant (Town of Los Gatos 2021, p. 4.14-26). The proposed project is within the growth projections considered and evaluated in the 2040 General Plan EIR and there would be no new impacts associated with the project not already adequately addressed in the 2040 General Plan 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?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 80 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
17. TRANSPORTATION
Would the project:
Comments:
Hexagon Transportation Consultants prepared the 50 Los Gatos-Saratoga Road Residential Development Draft Transportation Analysis (transportation analysis) in October 2024 for the applicant, which was peer reviewed by TJKM. The full transportation analysis can be found in Appendix H. The transportation analysis considered whether the proposed project was adequately addressed in the 2040 General Plan EIR. The transportation analysis and 2040 General Plan EIR were utilized to draft most of this section. The peer review is also presented in Appendix H.
a. Transit. According to the 2040 General Plan EIR (Section 4.15, Transportation), buildout of the 2040 General Plan would increase the number of potential transit users on the various transit systems serving the Town of Los Gatos, which would increase the demand for transit. The 2040 General Plan EIR determined that the 2040 General Plan goals and policies encourage an increase in transit ridership, decrease dependence on motor vehicles, and reduce transit delays. While the 2040 General Plan would add peak hour transit riders, development would not disrupt existing or interfere with planned transit services or facilities (Town of Los Gatos, p. 4.15-24). The 2040 General Plan policies support multimodal transportation options, encourage the formation of a transportation management association to fund transportation demand management Town-wide measures (Policy MOB-1.4), and support the Town of Los Gatos Bicycle and Pedestrian Master Plan to reduce congestion and improve bicycle and pedestrian 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? ☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 81 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 connectivity. However, according to the 2040 General Plan Revised Sections of the General Plan EIR (Town of Los Gatos 2021, p. 4.15-24), development under the 2040 General Plan does not include actions to increase the cost of using vehicles and does not include provisions for bus services to avoid congestion delays. As a result, transit service will experience reductions in quality of experience inconsistent with 2040 General Plan policies, which could contribute to lower transit demand in the future and higher demand for vehicle use contributing to higher VMT levels. Additionally, roadway traffic congestion caused from population and employment growth in the Town of Los Gatos facilitated by the 2040 General Plan could affect several transit corridors by increasing travel times and decreasing headway reliability for transit vehicles (p 4.15-19). The 2040 General Plan EIR states that although the 2040 General Plan would increase ridership and potentially cause more traffic delays, the existing transit circulation would be maintained, consistent with the Valley Transportation Plan 2040. The changes to the vehicle circulation system would not interfere with existing transit facilities nor conflict with planned transit facilities and services and, therefore, the 2040 General Plan EIR concluded that impacts would be less than significant (p. 4.15-21).
The proposed project would result in the increase in population, which could increase the demand on the transit system. However, development associated with the project is consistent with the growth projections evaluated in the 2040 General Plan EIR.
Additionally, there are several 2040 General Plan policies and goals that would support reducing traffic congestion and improving transit connectivity. These include: Policy MOB-1.1, which requires that all development and redevelopment proposals with more than ten housing units or over 5,000 square feet of non-residential square footage to include a detailed, sustainable, and measurable transportation demand management program with accountability requirements to ensure that its measures are achieved; Policy MOB-1.3, which requires development near transit stops to provide transportation demand management programs or facilities that encourage transit use for all types of trips; and Policy MOB-6.7, which requires all new developments to provide bus shelters and ongoing maintenance as part of their developments, when appropriate, to encourage public transit use. Implementation of these 2040 General Plan policies would encourage an increase in transit ridership, decrease dependence on motor vehicles, and reduce transit delays.
Through conditions of approval, the project would be required to comply with the 2040 General Plan policies identified above, including preparation of a transportation demand management program to reduce its potential to conflict with the existing transit facilities or adopted transportation plans, guidelines, policies, or standards associated with the Town’s transit network.
Therefore, the project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 82 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Roadways. The 2040 General Plan includes modifications to existing street facilities to create a more pedestrian- and bicycle-oriented street network. Although these modifications would cause existing and future local and regional traffic to circulate differently, its influence would be minimal because these roadway modifications would conform to state and local standards and generally be implemented to improve circulation (Town of Los Gatos 2021, p. 4.15-21). Therefore, the 2040 General Plan EIR determined that implementation of the 2040 General Plan would not be expected to interfere or conflict with existing roadways facilities or adopted transportation plans, guidelines, policies, or standards. Impacts would be less than significant (p. 4.15-21).
The project is consistent with the growth projections evaluated in the 2040 General Plan EIR and potential impacts on the roadway system as a result of development at the project site were, therefore, evaluated in the 2040 General Plan EIR. The project would not conflict with existing roadways facilities or adopted transportation plans, guidelines, policies, or standards and would not result in new impacts than those already evaluated in the 2040 General Plan EIR.
Bicycle Facilities. The 2040 General Plan EIR determined that development facilitated by the 2040 General Plan would increase the use of bicycles on the road as a result of increasing the Town’s population. However, the 2040 General Plan contains policies and goals that are designed to accommodate increased bicycle demand such as Policy MOB2.5, which requires that all new development be designed to enhance the safety or convenience of bicycle use through the Town, and Policy MOB-2.6. which requires all developments with a frontage greater than 300 feet to provide through-access for bicyclists and pedestrians to adjacent developments, paths, or bicycle facilities.
Implementation of applicable 2040 General Plan policies would encourage bicycling by improving bicycle connectivity within the Town’s street network, consistent with the Bicycle and Pedestrian Master Plan Town of Los Gatos - 2020, which provides guidance to improve the connectivity of the bicycle and pedestrian network in the Town of Los Gatos. Therefore, the 2040 General Plan EIR concluded that development under the 2040 General Plan would have a beneficial effect on bicycle circulation and access and impacts related to the conflict with existing bicycle facilities or adopted plans, guidelines, policies, or standards associated with the Town’s bicycle network would be less than significant (p. 4.15-22).
The project would conform to the Bicycle and Pedestrian Master Plan Town of Los Gatos – 2020 by implementing the planned Class I pedestrian and bicycle path along the west edge of the project site, which would connect Los Gatos-Saratoga Road to Los Gatos High School (Hexagon Traffic Consultants 2024 p. ii). The project would implement applicable 2040 General Plan policies, such as MOB-2.5 and -2.6 listed above, and is required to be consistent with the goals and objectives of the Bicycle and Pedestrian Master Plan Town of Los Gatos - 2020. Development associated with the project would not result in a conflict with existing bicycle facilities or adopted plans, guidelines, policies, or standards associated with the Town’s bicycle network. The project is consistent with the growth projections evaluated in the 2040 General Plan EIR and potential impacts on the
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 83 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 bicycle facilities as a result of development at the project site were evaluated in the 2040 General Plan EIR. The project would not result in new impacts that were not already evaluated in the 2040 General Plan EIR.
Pedestrian Facilities. Implementation and buildout of the 2040 General Plan would increase residency in the Town, which could result in more use and demand on existing pedestrian facilities. According to the 2040 General Plan EIR, the 2040 General Plan encourages walking by improving pedestrian facilities and connectivity with a safe and continuous pedestrian network to shorten walking distances and improve pedestrian connections to popular local destinations. Development under the 2040 General Plan would create new pedestrian facilities and have a beneficial effect on pedestrian circulation and access consistent with the Bicycle and Pedestrian Master Plan Town of Los Gatos - 2020 (p. 4.15-22). The 2040 General Plan EIR concludes that the 2040 General Plan would not interfere with existing or planned pedestrian facilities or adopted pedestrian system plans, guidelines, policies or standards and impacts would be less than significant (p. 4.15-23).
The project would conform to the Bicycle and Pedestrian Master Plan Town of Los Gatos – 2020 by implementing the planned Class I pedestrian and bicycle path along the west edge of the project site, which would connect Los Gatos-Saratoga Road to Los Gatos High School (Hexagon Traffic Consultants 2024 p. ii). The project would implement applicable 2040 General Plan policies, including Policy MOB-2.6, consistent with the goals and objectives of the Bicycle and Pedestrian Master Plan Town of Los Gatos – 2020.
Development associated with the project would not result in a conflict with existing pedestrian facilities or adopted plans, guidelines, policies, or standards associated with the Town’s pedestrian network. The project is consistent with the growth projections evaluated in the 2040 General Plan EIR and potential impacts on the pedestrian facilities as a result of development at the project site were evaluated in the 2040 General Plan EIR.
The proposed project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
b. The 2040 General Plan EIR noted that population and employment growth facilitated from development envisioned in the 2040 General Plan would generate new vehicle trips.
The 2040 General Plan EIR (Section 4.15, Transportation) determined that the VMT per service population generated under the 2040 General Plan would be 38.4, which is approximately 19 percent greater than the applicable VMT threshold of 32.3 (as identified in Table 4.15-2 of the 2040 General Plan EIR). Therefore, the VMT per service population from development under the 2040 General Plan would exceed the applicable threshold and Mitigation Measure T-1 was required. The 2040 General Plan EIR Mitigation Measure T-1 requires that one or more VMT reduction strategies included in the SB 743 Implementation Decisions for the Town of Los Gatos (July 2020) document shall be applied to projects that would generate VMT. The VMT reduction strategies are listed at an individual site level, Town-wide level, and regional level.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 84 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 As concluded in the 2040 General Plan EIR, the VMT reduction strategies at the regional level would be required in order to reduce VMT per service population by 19 percent.
However, this would require action by multiple agencies and municipalities in South San Francisco Bay. Because the Town cannot ensure that the other municipalities would participate in the regional VMT reduction strategies outlined in General Plan 2040 EIR Mitigation Measure T-1, it is not certain that a 19 percent reduction in VMT would be achieved. Therefore, VMT impacts as a result of development under the 2040 General Plan were determined to be significant and unavoidable even after implementation of mitigation (p. 4.15-26).
According to the proposed project’s transportation analysis, projects consistent with the 2040 General Plan would not require a VMT analysis. The project is consistent with the General Plan and, because the project site is included in the General Plan, the project would not generate additional VMT. Therefore, would not require CEQA mitigation (Hexagon Transportation Consultants 2024, p. 1). Additionally, Policy MOB-1.1 of the 2040 General Plan requires all developments with ten or more housing units to include a transportation demand management program to reduce VMT. Therefore, the project would need to develop a transportation demand management program. However, development of the project site is part of the significant and unavoidable cumulative VMT impacts concluded in the 2040 General Plan EIR. Therefore, through conditions of approval, the project would be required to implement the applicable reduction strategies identified within the 2040 General Plan EIR Mitigation Measure T-1, but would still result in significant and unavoidable VMT impacts.
The Town adopted its Statement of Overriding Considerations on June 30, 2022 and determined that specific economic, legal, social, technological, mobility, or other considerations, make infeasible the mitigation measures or project alternatives identified in the General Plan Final EIR related to transportation.
Because the proposed project is consistent with the General Plan and would not generate additional VMT than what was evaluated in the 2040 General Plan EIR, and because the proposed project is required to mitigate its VMT impacts through preparation and implementation of a transportation demand management program, the 2040 General Plan EIR adequately addressed the project’s potential impacts related to VMT. c. As discussed in the 2040 General Plan EIR (Section 4.15, Transportation), new and upgraded roadways needed to accommodate new development would be designed according to applicable federal, state, and local design standards. Development and infrastructure projects would be required to implement applicable 2040 General Plan policies intended to result in roadway designs that safely accommodate all users such as 2040 General Plan Policy MOB-2.6, which is described previously under checklist question “a” and Policy MOB-8.3, which requires that new development minimize the number of access points along arterial streets to minimize impacts on circulation flow and safety. The 2040 General Plan EIR concluded that implementation of these 2040 General Plan policies would ensure that impacts related to hazards due to a geometric design feature would be less than significant (p. 4.15-29).
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 85 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 According to the transportation analysis prepared for the project, the site plan shows adequate site access and on-site circulation, and no adverse traffic operational issues are expected to occur at the project driveways as a result of the development (Hexagon Traffic Consultants 2024, p. ii). Development of the project is consistent with the growth projections evaluated in the 2040 General Plan EIR and would be required to implement applicable 2040 General Plan policies, such as those listed above, through conditions of approval, minimizing its impact on circulation flow and safety. The project would not result in substantially increased hazards due to a geometric design feature nor would it result in incompatible uses.
Therefore, the project would not result in new impacts beyond what was already adequately evaluated in the 2040 General Plan EIR.
d. According to the 2040 General Plan EIR (Section 4.15, Transportation), the intent of the 2040 General Plan is to improve the overall performance of the transportation network for all modes of transportation and with implementation of applicable 2040 General Plan policies, future development projects would be assessed to ensure they result in adequate emergency access. In addition, mandatory development processes also require project review by emergency services, including police and fire, to ensure projects maintain adequate emergency access. The 2040 General Plan EIR determined that this impact would be less than significant (Town of Los Gatos 2021, p. 4.15-30).
According to the transportation analysis prepared for the project, the site plan shows adequate site access and on-site circulation, and no adverse traffic operational issues are expected to occur at the project driveways as a result of the development (Hexagon Traffic Consultants 2024 p. ii). Development of the project would be required to undergo review by emergency services to ensure adequate emergency access. The project would not result in any new impacts not already addressed in the 2040 General Plan EIR.
Therefore, the 2040 General Plan EIR adequately addressed the project’s potential impacts related to inadequate emergency access.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 86 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
18. TRIBAL CULTURAL RESOURCES
Would the project:
Adequately
Addressed in
Previous EIR
Not Adequately
Addressed in
Previous EIR
Less-ThanSignificant or
Less-ThanSignificant with
Mitigation
Impact
No
Impact
Comments:
a. The 2040 General Plan EIR concludes that implementation of 2040 General Plan policies ENV-14.1 and ENV-14.2 would ensure that tribal cultural resources are identified prior to commencement of ground disturbance and that impacts would be less than significant.
Consistent with 2040 General Plan policies ENV-14.1 and ENV-14.2, the Town sent out AB 52 notification on May 22, 2024 via email and certified mail. As of August 26, 2024, two responses have been received; one from the Muwekma Ohlone Tribe and one from the Amah Mutsun Tribal Band of San Juan Bautista. However, neither tribe requested consultation. The letters from the tribes did, however, request the following:
Conditions of Approval
TCR-1 The applicant shall contract with a qualified archaeologist who will provide Cultural Resources Awareness Training to all construction personnel in order to become familiar with the types of cultural artifacts that exist in the vicinity and could potentially be uncovered. The training will occur prior to any grounddisturbing activities and issuance of tree removal permits. The archaeologist will 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.
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 87 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 provide the following documentation to the Town of Los Gatos Planning Division: date (or dates) of the training, signatures of construction personnel at the training session(s), and materials used in the training.
Personnel should be instructed that upon discovery of buried cultural materials, work in the immediate vicinity of the find should cease and a qualified archaeologist should be contacted immediately (see also TCR-2 below).
The applicant shall provide a copy of the contract to the Planning Division, prior to issuance of a tree removal, demolition, and grading permit.
TCR-2 The applicant shall contract with both a qualified archaeologist and an appropriate Tribal representative to monitor ground-disturbing activities including tree removal and demolition. At the end of the monitoring, both the qualified archaeologist and Tribal representative shall submit monitoring reports to the Town of Los Gatos Planning Division.
If a find is identified, plans for treatment and for the evaluation and mitigation of impacts to the find will need to be developed if they are found to be eligible for the National Register of Historic Places or the California Register of Historical Resources. Potential cultural materials include historic and prehistoric artifacts and remains that may consist of, but are not limited to, historic artifacts, flakedstone artifacts and debitage, groundstone artifacts, and human remains.
If human remains are encountered during construction, work in that area must halt and the Santa Clara County Coroner must be notified immediately. If the remains are determined to be Native American, then the Native American Heritage Commission (NAHC) is to be notified within 24 hours as required by Public Resources Code 5097. The NAHC will notify the designated Most Likely Descendant who will provide recommendations for the treatment of the remains within 24 hours.
The applicant shall provide a copy of the contract to the Planning Division, prior to issuance of a tree removal, demolition, and grading permit.
The project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 88 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
19. UTILITIES AND SERVICE SYSTEMS
Would the project:
Comments:
a. Development of the project would allow some of the existing water, wastewater, storm drainage and telecommunication infrastructure to remain; however, the project also involves the construction of new infrastructure (refer to Sheet C.5 of the project plans found in Appendix A). Potentially significant construction impacts associated with the implementation of the project’s water, wastewater, and storm drainage infrastructure are identified in the air quality, biological resources, greenhouse gas emissions, and noise sections of this initial study. All such impacts have been determined to be adequately addressed within the 2040 General Plan EIR. Please refer to the respective sections for more information.
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?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 89 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 b. San Jose Water Company is the water service provider for the Town and the Santa Clara Valley Water District (Valley Water) manages the Santa Clara Valley groundwater subbasin, which supplies approximately one-third of the Town’s water supply. During preparation of the 2040 General Plan EIR, the San Jose Water Company was undergoing the preparation of the 2020 Urban Water Management Plan. Therefore, the 2040 General Plan EIR relied on the analysis within the 2015 Urban Water Management Plan.
According to the 2015 Urban Water Management Plan, the San Jose Water Company had adequate water supply capacity to meet its demands through 2040, which included the Town’s growth evaluated in the 2040 General Plan EIR. The 2040 General Plan EIR evaluated the increase in residential and nonresidential uses, which would result in an incremental increase in the Town’s water demand. As indicated in the 2015 Urban Water Management Plan, the San Jose Water Company has sufficient supplies to support development under the 2040 General Plan during a normal year. However, it was determined that projected water demands would likely exceed supply totals in the event of a multiple dry year scenario. Therefore, the San Jose Water Company would not have sufficient water supply to accommodate the demand of development and the population increase facilitated by the General Plan through 2040.
As a result, Section 4.16, Utilities and Service Systems, of the 2040 General Plan EIR explains that the San Jose Water Company would enact its Water Shortage Contingency Plan, which includes four stages of action based on water supply conditions. The Town would also increase its reliance on recycled water supply and water conservation measures implemented by the San Jose Water Company and Valley Water to reduce demands.
Additionally, the Town would impose water conservation tactics on new development to further reduce water demand. Development would also be required to implement the polices associated with General Plan Goal PFS-1 (ensure an adequate water supply for the Town’s human, wildlife, and plant populations), which are consistent with the purpose of the 2015 Urban Water Management Plan to encourage the sustainable use and management of water supplies and infrastructure in the Town of Los Gatos. With reliance on recycled water supply and water conservation measures, in addition to compliance with applicable 2040 General Plan policies, the 2040 General Plan EIR determined that impacts related to water supply would be less than significant (p. 4.16-19).
As previously mentioned, since the certification of the 2040 General Plan EIR and adoption of the 2040 General Plan, the San Jose Water Company has adopted its 2020 Urban Water Management Plan. The 2020 Urban Water Management Plan concluded that San Jose Water Company anticipates adequate supplies to meet system demand under average year, single dry year, and multiple dry year conditions through 2045. However, there is the possibility for a call for a mandatory 20 percent conservation during multi-year droughts (p. 7-12).
The project would result in an increase in the Town’s population, which would increase the demand on water supplies. Through required conditions of approval, the proposed project would be required to implement General Plan Policy PFS-1.1, which requires that
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 90 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 landscaping and hardscaping for all development is designed to minimize water usage and enhance water conservation; Policy PFS-1.2, which requires that all new home construction and remodeled homes comply with the Bay-Friendly Landscaping Guidelines in addition to the landscaping standards in the GreenPoint Rated Building Guidelines; Policy PSF-1.3, which requires the use of water-saving devices in new developments and pumping-related remodels; and Policy PFS-1.4, which requires that all new development install water-efficient irrigation management systems and devices, such as evapotranspiration or soil moisture-based irrigation controls.
In addition to compliance with the above-mentioned 2040 General Plan policies, the project’s population growth was already evaluated in the 2040 General Plan EIR.
Therefore, the project’s impacts related to increased demand on the Town’s water supplies were already evaluated and adequately addressed in the 2040 General Plan EIR. c. The Town’s wastewater is collected and treated by the West Valley Sanitation District, which then transports wastewater to the San Jose-Santa Clara Regional Wastewater Facility (“wastewater treatment plant”). According to the 2040 General Plan EIR (Section
4.16, Utilities and Service Systems), the wastewater treatment plant treats an average of 110 million gallons per day (mgd), with a design capacity of up to 167 mgd.
The 2040 General Plan EIR evaluated an increase of 8,971 residents to Los Gatos, which was calculated to be a 30 percent increase above the Town’s 2018 population. However, the 2040 General Plan EIR determined that approximately 34 percent of the wastewater treatment plant capacity was available (67 mgd); therefore, the wastewater needs of the expected population growth evaluated in the 2040 General Plan EIR would be met.
The wastewater collection system within the Town of Los Gatos has deficiencies that limits the amount of wastewater that can be conveyed through Los Gatos. According to the 2040 General Plan EIR, the West Valley Sanitation District’s Capital Improvement Plan has ongoing plans for replacement and upgrade of old sewer lines and lift equipment. The general maintenance and correction of deficiencies are funded by user fees; therefore, new development would be required to pay impact fees for system expansion that would accommodate the increased growth of the Town envisioned as part of the 2040 General Plan. Impact fees ensure that the wastewater collection system receives necessary upgrades to accommodate the additional population (p. 4.16-20). In addition, the project shall comply, through conditions of approval, 2040 General Plan Goal PFS-2, which requires that development meet all wastewater treatment demands and Federal and State regulations.
The ongoing upgrades to the wastewater collection system under the capital improvement plan and the 2040 General Plan would occur in developed areas of the Town of Los Gatos that are previously disturbed and ensure that adequate wastewater systems and infrastructure would be available to meet future demands. Therefore, the 2040 General Plan EIR determined that the environmental impacts of construction involved with upgrades to the Town’s wastewater system would be less than significant (p. 4.16-20).
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 91 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Development of the project would increase the population in Los Gatos, which would increase the demand on the wastewater treatment plant. However, the project is consistent with the growth projections evaluated in the 2040 General Plan EIR.
Therefore, the project’s increased demand on the Town’s wastewater treatment plant was included in the 2040 General Plan EIR evaluation and conclusion that the remaining capacity of the wastewater treatment plant can adequately accommodate the wastewater needs of the expected growth and impacts to the wastewater collection system would be less than significant.
Development associated with the project would also increase the amount of wastewater conveyed by the Town’s existing wastewater collection system. However, the project is consistent with the growth projections evaluated in the 2040 General Plan EIR and, therefore, the project’s impacts to the Town’s wastewater collection system are anticipated by the Town and would have less than significant impacts as concluded in the 2040 General Plan EIR. The project would, however, still be required to pay impact fees for system expansion necessary to accommodate the increased growth. The project would not result in new impacts beyond what was already evaluated in the General Plan EIR. d. Solid waste within the Town of Los Gatos is disposed of at the Guadalupe Landfill, which is permitted to accept 3,650 tons of material daily and is projected to reach capacity in 2048. Using the residential disposal rates of the Santa Clara Integrated Waste Management Account, residential buildout under the 2040 General Plan could result in the daily solid waste generation of approximately 294,158 pounds per day (or approximately 147 tons per day). Therefore, as discussed in Section 4.16, Utilities and Service Systems, of the 2040 General Plan EIR, the residential demand in solid waste anticipated by the 2040 General Plan would increase disposal at the Guadalupe Landfill by approximately one percent. Because the landfill has a remaining capacity of 11,055,000 cubic yards, it was determined to have sufficient capacity to accommodate the residential increase in solid waste generation (Town of Los Gatos, p. 4.16-23). Although there would be sufficient capacity, the 2040 General Plan EIR also discusses the reduction in trash production and promotes recycling and potentially introducing Townwide composting to reduce the amount of solid waste sent to the Guadalupe Landfill. Implementation of the 2040 General Plan policies associated with Goals PFS-4 and PFS-5 would help conserve space at the landfill and impacts would be less than significant (Town of Los Gatos 2021, p. 4.16-24).
Development associated with the project is consistent with the growth projections evaluated in the 2040 General Plan EIR and, therefore, its residential solid waste generation has already been evaluated. Therefore, because the 2040 General Plan EIR concludes that the 2040 General Plan residential solid waste generation could be accommodated by the Guadalupe Landfill, the solid waste generation as a result of the project would also be accommodated. The project would also be required to implement applicable 2040 General Plan policies such as Policy PFS-4.1, which requires the recycling of reusable materials from residential, commercial, and construction/renovation activities.
Implementation of the applicable 2040 General Plan policies as a condition of approval would ensure that the project would not generate solid waste in excess of the capacity of local infrastructure.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 92 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 The proposed project would not result in new impacts beyond those already evaluated in the 2040 General Plan EIR.
e. The 2040 General Plan EIR (Section 4.16, Utilities and Service Systems) concludes that implementation of the 2040 General Plan goals and policies would support the reduction and diversion of waste consistent with state goals for solid waste reduction.
Implementation of applicable 2040 General Plan goals and policies would ensure that development under the 2040 General Plan would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Impacts were determined to be less than significant (Town of Los Gatos 2021, p. 4.16-24).
The project is consistent with the growth projections evaluated in the 2040 General Plan EIR. Through the implementation of conditions of approval, the project would be required to comply with applicable 2040 General Plan policies including Policy PFS-4.1, which requires the recycling of reusable materials from residential and construction/renovation activities. Implementation of applicable 2040 General Plan policies through conditions of approval would ensure that the project complies with federal, state, and local management and reduction statutes and regulations related to solid waste.
The 2040 General Plan EIR adequately addresses the project’s potential impacts related to compliance with federal, state, and local regulations associated with solid waste.
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 93 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 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 project site is not located in or near state responsibility areas or lands classified as very high fire hazard severity (CalFire 2024). Therefore, the project would not result in new impacts beyond what has already been evaluated in the 2040 General Plan EIR.
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?
☐ ☐ ☐ ☒
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 94 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024
21. MANDATORY FINDINGS OF SIGNIFICANCE
Comments:
a. The proposed project has a potential to have an effect on special-status species such as the San Francisco dusky footed woodrat, bats, and nesting birds. The conditions of approval presented in Section 4.0, Biological Resources, implement the 2040 General Plan policies that were concluded in the 2040 General Plan EIR to reduce impacts associated with degrading the quality of the environment; substantially reducing the habitat of a fish or wildlife species; causing a fish or wildlife population to drop below self-sustaining levels; threatening to eliminate a plant or animal community; and substantially reducing the number or restrict the range of an endangered, rare, or threatened species to a less-than-significant level.
The proposed project has the potential to result in adverse effects to unknown, buried historic resources or unique archaeological resources. As discussed in Section 18.0, Tribal Cultural Resources, (TCR-1 and TCR-2) are required to be implemented by the project to ensure that such an impact, if it were to occur, would not be significant and would not eliminate important examples of the major periods of California history or prehistory.
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?
☒ ☐ ☐ ☐
ITEM NO. 8.
Section D Evaluation of Environmental Impacts 95 EMC Planning Group 50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 These potential project impacts have been adequately addressed by the 2040 General Plan EIR.
b. Proposed project impacts that contribute to cumulative project impacts are required to be lessened through implementation of the applicable 2040 General Plan policies, 2020 General Plan Land Use Element and Community Design Element policies, and 2040 General Plan EIR mitigation measures as discussed in this initial study. With implementation of the 2040 General Plan policies, 2020 General Plan policies, 2040 General Plan EIR mitigation measures and standards identified herein as conditions of approval, the project’s contribution to cumulative project impacts would not be considerable and have been adequately addressed by the 2040 General Plan EIR. c. Based on the analysis provided in this initial study, the proposed project could indirectly cause substantial adverse effects to human beings through hazardous materials in the site soils, soil instability and expansivity, temporary construction toxic air contaminants, and temporary construction noise. However, as discussed throughout this initial study, the impacts would not be significant and they are adequately addressed within the 2040 General Plan EIR.
ITEM NO. 8.
Section E Sources 96 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 E. SOURCES
Environmental Setting and Methodology
Google Earth. 2024.
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. \ June 2022a. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. December 2022b. Los Gatos 6th Cycle Housing Element 2023-2031 Planning Period Environmental Analysis. Los Gatos, CA.
Town of Los Gatos. May 2024. Los Gatos 6th Cycle 2023-2031 Housing Element Update.
Los Gatos, CA.
Project Description
SummerHill Homes. Development plans dated October 11, 2024.
Aesthetics
California Department of Transportation. “California State Scenic Highway System Map.” Accessed on April 22, 2024.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46 cc8e8057116f1aacaa
SummerHill Homes. Development plans dated October 11, 2024.
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA.
Town of Los Gatos. Town Code. Last modified on March 27, 2024a. https://library.municode.com/ca/los_gatos/codes/code_of_ordinances Town of Los Gatos. “Section 2 – Street Design Standards.” Accessed on April 23, 2024b. https://www.losgatosca.gov/DocumentCenter/View/385/Section-Two-Street-DesignStandards?bidId= Agriculture
California Department of Conservation. “California Important Farmland Finder.” Accessed on April 23, 2024. https://maps.conservation.ca.gov/DLRP/CIFF/ Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
ITEM NO. 8.
Section E Sources 97 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Air Quality
Bay Area Air Quality Management District. 2024. Air Quality Standards and Attainment Status. https://www.baaqmd.gov/en/about-air-quality/research-and-data/air-qualitystandards-and-attainment-status. Accessed September 5, 2024.
Bay Area Air Quality Management District. April 2022. California Environmental Quality Act Air Quality Guidelines. https://www.baaqmd.gov/plans-and-climate/californiaenvironmental-quality-act-ceqa/updated-ceqa-guidelines Bay Area Air Quality Management District. April 2017a. Spare the Air Cool the Climate A Blueprint for Clean Air and Climate Protection in the Bay Area.
https://www.baaqmd.gov/%7E/media/files/planning-and-research/plans/2017-cleanair-plan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf?la=en Bay Area Air Quality Management District. May 2017b. California Environmental Quality Act Air Quality Guidelines. https://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf Ramboll Americas Engineering Solutions, Inc. September 2024. CEQA Air Quality, Greenhous Gas, Health Risk, and Energy Analysis for 50 Los Gatos-Saratoga Road Residential Development Project in Los Gatos, California.
Biological Resources
California Department of Fish and Wildlife (CDFW). 2024a. Biogeographic Information and Observation System (BIOS) online database. http://bios.dfg.ca.gov California Department of Fish and Wildlife (CDFW). 2024b. California Natural Diversity Database (CNDDB) online database. https://wildlife.ca.gov/data/cnddb California Department of Fish and Wildlife (CDFW). 2024c. California Essential Habitat Connectivity Project. Sacramento, California.
https://wildlife.ca.gov/Conservation/Planning/Connectivity/CEHC https://apps.wildlife.ca.gov/bios6/?bookmark=648
California Native Plant Society (CNPS). 2024a. Inventory of Rare and Endangered Plants of California online database. Search for Los Gatos, Cupertino, San Jose West, San Jose East, Castle Rock Ridge, Santa Teresa Hills, Felton, Laurel, and Loma Prieta 7.5-min quadrangles. http://www.rareplants.cnps.org
California Native Plant Society (CNPS). 2024b. Manual of California Vegetation Online. https://vegetation.cnps.org/
Cornell Lab of Ornithology. 2024. All About Birds online database. Cornell Lab of Ornithology, Ithaca, New York. https://www.allaboutbirds.org
ITEM NO. 8.
Section E Sources 98 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 iNaturalist. 2024. Observation Search for Dusky-Footed Woodrat in Los Gatos. https://www.inaturalist.org/observations?subview=map&taxon_id=735166 Jameson, E. W., and Hans J. Peeters. 2004. Mammals of California. University of California Press.
Nafis, G. 2023. California Herps: A Guide to the Amphibians and Reptiles of California online database.
Accessed August 2024. http://www.californiaherps.com/
National Resources Conservation Service (NRCS). 2024. Web Soil Survey online soil mapping. https://websoilsurvey.nrcs.usda.gov/app/
Town of Los Gatos. 2022. Los Gatos 2040 General Plan. June 2022 adoption. Los Gatos, California.
U.S. Fish and Wildlife Service (USFWS). 2024a. Endangered Species Program online database.
Species list for Merced County. Washington, D.C. http://www.fws.gov/endangered/ U.S. Fish and Wildlife Service (USFWS). 2024b. National Wetlands Inventory online database.
U.S. Department of the Interior. Washington, D.C. http://www.fws.gov/wetlands/\ U.S. Fish and Wildlife Service (USFWS). 2024c. Critical Habitat for Threatened and Endangered Species online mapper.
https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe 09893cf75b8dbfb77
U.S. Geological Survey (USGS). 2024. National Map Spot Elevation Data. Online mapper. https://apps.nationalmap.gov/viewer/
Cultural Resources
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA.
Energy
SummerHill Homes. Development plans dated October 11, 2024.
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Geology and Soils
California Department of Conservation. “Earthquake Zones of Required Investigation.” Accessed on April 23, 2024. https://maps.conservation.ca.gov/cgs/EQZApp/app/ Engeo. February 2024. 50 Los Gatos Saratoga Road Preliminary Geotechnical Report. Los Gatos, CA.
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
ITEM NO. 8.
Section E Sources 99 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Town of Los Gatos. June 2022. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. Town Code. Last modified on March 27, 2024 https://library.municode.com/ca/los_gatos/codes/code_of_ordinances Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA.
Greenhouse Gas Emissions
California Air Resources Board. November 2017. California’s 2017 Climate Change Scoping Plan. https://ww2.arb.ca.gov/sites/default/files/classic/cc/scopingplan/scoping_plan_2017. pdf
Town of Los Gatos. March 2010. Town of Los Gatos 2020 General Plan Draft EIR. Los Gatos, CA.
Hazards and Hazardous Materials
California Environmental Protection Agency. “List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit (PDF).” Accessed on July 19, 2024a. https://calepa.ca.gov/wpcontent/uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf Town of Los Gatos. “List of “active” CDO and CAO from Water Board (MS Excel, 1,453 KB).” Accessed on July 19, 2024b. https://calepa.ca.gov/sitecleanup/corteselist/ Town of Los Gatos. “List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.” Accessed on July 19, 2024c.
https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/?emrc=63f01af3d8806 California Department of Toxic Substances Control. “Envirostor.” Accessed on July 19, 2024. https://www.envirostor.dtsc.ca.gov
Google Earth 2024
State Water Resources Control Board. “GeoTracker.” Accessed on July 19, 2024. https://geotracker.waterboards.ca.gov/map/?myaddress=California&from=header&cq id=9235730826
Hydrology and Water Quality
Federal Emergency Management Agency (FEMA). https://msc.fema.gov/portal/search.
Accessed July 7, 2024.
ITEM NO. 8.
Section E Sources 100 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 San Jose Water Company. June 2021. 2020 Urban Water Management Plan. San Jose, CA. https://www.sjwater.com/sites/default/files/2021-
06/2020%20UWMP%20FINAL%20with%20Appendices.pdf
Santa Clara Valley Water District. November 2021. 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins. San Jose, CA.
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. June 2022. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. Town Code. Last modified on March 27, 2024 https://library.municode.com/ca/los_gatos/codes/code_of_ordinances Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA.
Land Use and Planning
Association of Bay Area Governments. July 2017. Plan Bay Area 2040. http://files.mtc.ca.gov/library/pub/30060.pdf
Bay Area Air Quality Management District. April 2017. Final 2017 Clean Air Plan. https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-airplan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf?la=en Town of Los Gatos. October 2012. Los Gatos Sustainability Plan. Los Gatos, CA. https://www.losgatosca.gov/DocumentCenter/View/8162/LosGatosSustainabilityPlan_October-2012_201308121810582238?bidId= Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Mineral Resources
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. June 2022. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. Town Code. Last modified on March 27, 2024a. https://library.municode.com/ca/los_gatos/codes/code_of_ordinances Noise
Salter. August 2024. Los Gatos Lodge Environmental Noise Assessment. Los Gatos CA.
SummerHill Homes. Development plans dated October 11, 2024.
ITEM NO. 8.
Section E Sources 101 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. January 2011. Town of Los Gatos 2020 General Plan. Los Gatos, CA.
Town of Los Gatos. Town Code. Last modified on March 27, 2024a. https://library.municode.com/ca/los_gatos/codes/code_of_ordinances Population and Housing
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. June 2022a. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. December 2022b. Los Gatos 6th Cycle Housing Element 2023-2031 Planning Period Environmental Analysis. Los Gatos, CA.
Town of Los Gatos. May 2024. Los Gatos 6th Cycle 2023-2031 Housing Element Update.
Los Gatos, CA.
Public Services
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. June 2022a. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. December 2022b. Los Gatos 6th Cycle Housing Element 2023-2031 Planning Period Environmental Analysis. Los Gatos, CA.
Town of Los Gatos. May 2024. Los Gatos 6th Cycle 2023-2031 Housing Element Update.
Los Gatos, CA.
Recreation
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. June 2022a. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. December 2022b. Los Gatos 6th Cycle Housing Element 2023-2031 Planning Period Environmental Analysis. Los Gatos, CA.
Town of Los Gatos. May 2024. Los Gatos 6th Cycle 2023-2031 Housing Element Update.
Los Gatos, CA.
ITEM NO. 8.
Section E Sources 102 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Transportation
Hexagon Transportation Consultants. October 2024. 50 Los Gatos-Saratoga Road Residential Development Draft Transportation Analysis. Los Gatos, CA.
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. November 2021. 2040 General Plan Revised Sections of Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. June 2022a. 2040 General Plan Final Environmental Impact Report SCH#2020070175. Los Gatos, CA.
https://losgatos2040.com/images/docs/5_LG_2040_GP_FEIR_RTC_June_2022.pdf Town of Los Gatos. June 2022b. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. October 2022c. Town of Los Gatos 6th Cycle 2023-2031 Housing Element Update – HCD Draft – Initial Review Period.
https://www.losgatosca.gov/DocumentCenter/View/31815/HDC-Initial-ReviewDraft-SubmittalTribal Cultural Resources Mullin, Sean, AICP, Senior Planner, Town of Los Gatos. Email message to consultant, 26 August 2024.
Utilities and Service Systems
San Jose Water Company. June 2021. 2020 Urban Water Management Plan. San Jose, CA. https://www.sjwater.com/sites/default/files/2021-
06/2020%20UWMP%20FINAL%20with%20Appendices.pdf
Santa Clara Valley Water District. November 2021. 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins. San Jose, CA.
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
Town of Los Gatos. June 2022a. Town of Los Gatos California 2040 General Plan. Los Gatos, CA. http://losgatos2040.com/documents.html
Town of Los Gatos. December 2022b. Los Gatos 6th Cycle Housing Element 2023-2031 Planning Period Environmental Analysis. Los Gatos, CA.
Town of Los Gatos. May 2024. Los Gatos 6th Cycle 2023-2031 Housing Element Update.
Los Gatos, CA.
ITEM NO. 8.
Section E Sources 103 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 Wildfire
California Department of Forestry and Fire Protection (CalFire). “Fire Hazard Severity Zones in State Responsibility Area.” Accessed on September 17, 2024. https://calfireforestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89 597ab693d008
Town of Los Gatos. July 2021. 2040 General Plan Draft Environmental Impact Report. Los Gatos, CA.
ITEM NO. 8.
Section E Sources 104 EMC Planning Group
50 Los Gatos-Saratoga Road Townhome-Style Condominiums Initial Study December 2024 This side intentionally left blank.
ITEM NO. 8.
EIR Addendum
16100 Greenridge Terrace
Secondary Emergency Access Road &
Off-Site Road Extension
State Clearinghouse # 2017042035
August 9, 2023
Prepared by
EMC Planning Group
ITEM NO. 8.
ITEM NO. 8.
This document was produced on recycled paper.
EIR ADDENDUM
16100 GREENRIDGE TERRACE
SECONDARY EMERGENCY ACCESS ROAD &
OFF-SITE ROAD EXTENSION
SCH# 2017042035
PREPARED FOR
Town of Los Gatos
Sean Mullin, AICP, Senior Planner
110 E. Main Street
Los Gatos, CA 95031
Tel 408.354.6823
[email protected]
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Stuart Poulter, AICP, MCRP, Senior Planner
[email protected]
www.emcplanning.com
August 9, 2023
ITEM NO. 8.
ITEM NO. 8.
Table of Contents
1.0 BACKGROUND – APPROVED PROJECT (PD-16-002) ............................................ 1-1
2.0 PROJECT CHANGES ADDRESSED IN THIS ADDENDUM ........................................ 2-1
2.1 Architecture and Site Application S-23-007 ....................................................................... 2-1
2.2 Required Permits .................................................................................................................... 2-1
3.0 BASIS FOR AN EIR ADDENDUM.............................................................................. 3-1
3.1 Addendum to an EIR ............................................................................................................ 3-1
3.2 Required Findings ................................................................................................................... 3-1
4.0 EVALUATION............................................................................................................. 4-1
4.1 Overview.................................................................................................................................. 4-1
4.2 Summary of Impacts and Recommended Mitigation Measures from the Certified Final EIR................................................................................................................. 4-2
4.3 Environmental Analysis of Modified Project ................................................................... 4-11
4.4 Evaluation of Alternatives................................................................................................... 4-16
4.5 Conclusion ............................................................................................................................. 4-16
5.0 SOURCES .................................................................................................................... 5-1 Appendix
Appendix A Secondary Emergency Access Road & Off-Site Road Extension Project Plans Tables
Table 4-1 Summary of Significant Impacts and Mitigation Measures from 16100 Greenridge Terrace Final EIR ..................................................................... 4-2 Figures
Figure 4-1 Habitat Map.............................................................................................................. 4-13
ITEM NO. 8.
ITEM NO. 8.
Section 1.0 Background 1-1 EMC Planning Group
16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023
1.0 Background – Approved Project (PD-16-002)
In August 2016, Kohlsaat and Associates, Inc. (the applicant) submitted a Planned Development application (PD-16-002) to the Town of Los Gatos (Town) to rezone the 36-acre subject site located at 16100 Greenridge Terrace. The applicant requested a rezone of the subject site from Hillside Residential, HR-2½ to Hillside Residential: Planned Development (HR-2½:PD), to allow the future subdivision into eight lots, removal of large protected trees, site improvements for a private road, and construction of eight new single-family homes. As the lead agency under the California Environmental Quality Act (CEQA), the Town certified the Final EIR 16100 Greenridge Terrace Planned Development State Clearinghouse #2017042035 (hereafter referred to as “final EIR” or “project EIR”), The PD (Planned Development) Overlay zone established by Ordinance No. 2281, was adopted by the Los Gatos Town Council on April 16, 2019 (effective May 16, 2019), which authorized the following construction and use of improvements:
1. Subdivision of one lot into eight lots.
2. Construction of eight market rate single-family detached residences.
3. Landscaping, private streets, trails, parking and other improvements shown and required on the Official Development Plans.
4. Dedication of trail easements to the Town of Los Gatos as shown on the Official Development Plans.
5. Uses permitted are those specified in the HR-2½ (Hillside Residential, two and half to 10 acres for each dwelling unit) zone by Sections 29.40.235 (Permitted Uses), as it exists at the time of the adoption of this Ordinance, or as they may be amended in the future.
The tentative map for the project evaluated in the final EIR included a private ingress and egress/public service/emergency vehicle access easement in the location of the currently proposed emergency fire access road on the Greenridge Terrace site only; however, detailed plans for this emergency fire access road on the Greenridge Terrance site or the adjacent property was not available at the time. Therefore, the final EIR only included a general evaluation of the environmental impacts of a portion of this access road.
ITEM NO. 8.
Section 1.0 Background 1-2 EMC Planning Group
16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023 This side intentionally left blank.
ITEM NO. 8.
Section 2.0 Project Changes Addressed in this Addendum 2-1 EMC Planning Group 16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023
2.0 Project Changes Addressed in this Addendum
2.1 Architecture and Site Application S-23-007
The applicant is requesting approval for site improvements requiring a grading permit and removal of a large protected tree on two lots (APNs 527-12-005 and 537-25-033) zoned “HR-2.5:PD.” The two lots are identified as 250 La Terra Court (previously referred to as “Lot 3”) (APN 527-12-005) and 121 Rock Ridge Road (APN 537-25-033) on the project plans. There is an existing private ingress and egress/public service/emergency vehicle access easement, which runs from the end of La Terra Court to the southernmost property line of Lot 3, eventually connecting to Rock Ridge Road. Proposed site improvements include:
Secondary emergency access road totaling 3,000 square feet; 376 cubic yards (CY) of cut;
8 CY of fill;
368 CY of import/export; and
Removal of six (6) trees, including one large protected coast live oak.
Project plans are included as Appendix A.
2.2 Required Permits
The following permits are required:
Grading Permit (Town of Los Gatos);
Tree Removal Permit (Town of Los Gatos);
Encroachment Permit (County of Santa Clara); and
National Pollutant Discharge Elimination System (NPDES) Permit, Storm Water Construction General Permit, Water Quality Certification or Waiver, under Sections 401 and 402 of the Clean Water Act (Regional Water Quality Control Board).
ITEM NO. 8.
Section 2.0 Project Changes Addressed in this Addendum 2-2 EMC Planning Group 16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023 This side intentionally left blank.
ITEM NO. 8.
Section 3.0 Basis for an EIR Addendum 3-1 EMC Planning Group 16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023
3.0 Basis for an EIR Addendum
3.1 Addendum to an EIR
In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164:
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency‘s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.
Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21166, Public Resources Code; Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065; and Benton v. Board of Supervisors (1991) 226 Cal.App.3d 1467.
3.2 Required Findings
Section 15162 of the CEQA Guidelines identifies the conditions that require preparation of a subsequent EIR. A proposed change in a project will require preparation of a subsequent environmental document if:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
ITEM NO. 8.
Section 3.0 Basis for an EIR Addendum 3-2 EMC Planning Group 16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation
measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
If none of the above conditions are met by the project, an addendum may be prepared to make minor changes to the previously certified environmental impact report and to document why no further environmental review is required.
In performing the required analysis and determining whether the criteria are met for use of an addendum, this addendum relies on a qualitative analysis, based on substantial evidence, utilizing the current environmental checklist questions from Appendix G of the CEQA Guidelines and explains the basis for each response to the questions in the checklist. The environmental checklist is used as a tool for evaluating the environmental effects of the project (the proposed emergency access connection between La Terra Court and Rock Ridge Road), including based on comparisons between the impacts of the approved project (i.e., the Planned Development approval) as evaluated under the previously certified EIR, and the proposed project.
Based on the analysis in the environmental checklist, all of the findings listed above for utilizing an addendum as the appropriate CEQA documentation can be made.
ITEM NO. 8.
Section 4.0 Evaluation 4-1 EMC Planning Group
16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023
4.0 Evaluation
4.1 Overview
This addendum evaluates the potential for the secondary emergency fire access road (proposed project) to result in new or substantially more severe significant impacts compared to the impacts disclosed in the certified final EIR. The environmental analysis provided in this addendum describes the information that was considered in evaluating the environmental effects addressed in the original project EIR evaluating the 16100 Greenridge Terrace Planned Development (PD-16-002) project.
The information used in this evaluation includes the draft EIR, the certified final EIR, the staff report, findings, mitigation monitoring and reporting program (MMRP) and other documentation included in the approval materials for the original project, the Architecture and Site Application (S23-007) application materials, the Tree Inventory, Assessment, and Protection Report - 16100 Greenridge Terrace/121 Rock Ridge Road, Los Gatos, CA 95032 prepared by Monarch Consulting Arborists dated May 12, 2023, grading and drainage plans for the proposed project, the 15215 Shannon Road Planned Development Application (PD-15-001) Initial Study and Mitigated Negative Declaration, prepared by KimleyHorn and Associates dated August 2016, and site visits by EMC Planning Group staff biologists.
The proposed project would incorporate and implement all appropriate mitigation measures identified in the certified final EIR. Specific mitigation measures relevant to a particular impact of the proposed modified project are cited in the same manner as in the EIR and the associated MMRP adopted in conjunction with the 16100 Greenridge Terrace Planned Development (PD-16-002) project approvals. Furthermore, this addendum is a review of the previous EIR and identifies impacts that were previously evaluated. As discussed throughout this addendum, all impacts levels of significance have been incorporated into this addendum from the certified final EIR.
As discussed in the certified final EIR, the previously approved project was determined to have no adverse environmental impact associated with the following topics:
Recreation Facilities
Schools
Fire Protection Services
Police Services
Solid Waste and Recycling
ITEM NO. 8.
Section 4.0 Evaluation 4-2 EMC Planning Group
16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023 Additionally, the proposed project would have no adverse environmental impacts associated with these topics and therefore, they are not discussed further in this analysis.
4.2 Summary of Impacts and Recommended Mitigation
Measures from the Certified Final EIR
Table 4-1 Summary of Significant Impacts and Mitigation Measures from 16100 Greenridge Terrace Final EIR
Significant Impact Significance
Level without
Mitigation
Mitigation Measure(s) Significance
Level of
Mitigation
Aesthetics
No significant impacts
Air Quality
Expose Sensitive Receptors
to Construction Dust
Potentially
Significant
AQ-1 The project contractor for subdivision
improvements and residential lot development shall
implement basic dust control measures at all onsite and off-site locations where grading or excavation takes place. The project contractor shall
implement additional dust control measures at all
on-site and off-site locations where grading or
excavation takes place within 200 feet of residential
properties.
Basic dust control measures:
a. All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times
per day;
b. All haul trucks transporting soil, sand, or other
loose material off-site shall be covered;
c. 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;
d. All vehicle speeds on unpaved roads shall be
limited to 15 mph;
e. 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;
f. Post a publicly visible sign with the telephone
number and person to contact at the Lead Agency
regarding dust complaints. This person shall
respond and take corrective action within 48 hours.
The air district’s phone number shall also be visible
to ensure compliance with applicable regulations.
Less than
Significant with
Mitigation
ITEM NO. 8.
Section 4.0 Evaluation 4-3 EMC Planning Group
16100 Greenridge Terrace Secondary Emergency Access Road & Off-Site Road Extension August 9, 2023 Significant Impact Significance
Level without
Mitigation
Mitigation Measure(s) Significance
Level of
Mitigation
g. All excavation, grading, and/or demolition
activities shall be suspended when average wind
speeds exceed 20 mph;
h. 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; and
i. Unpaved roads shall be treated with a three to
six inch compacted layer of wood chips, mulch, or
gravel.
Biological Resources
Potential Loss or Reduction
of Rare Plant Species:
Fragrant Fritillary, Hall's
Bush-Mallow, Loma Prieta
Hoita, Western
Leatherwood, and
Woodland Woollythreads
Potentially
Significant
BIO-1 Focused plant surveys were conducted in
spring 2018; if project development occurs more
than five years after spring 2018, the surveys shall
be repeated per below.
To protect potentially occurring special-status
plants, the presence/absence of fragrant fritillary,
Hall's bush-mallow, Loma Prieta hoita, western
leatherwood, and woodland woollythreads shall be
determined within the development footprint and
fire defensible space. A qualified biologist shall
conduct focused botanical surveys for these five
target species in accordance with current California
Department of Fish and Wildlife and California
Native Plant Society rare plant survey protocols.
Surveys shall occur during overlapping blooming
periods for the target species (likely March and
June). If the surveys conclude that the species are
not present, no further mitigation is required.
If any special-status plant species is present within
the development footprint and fire defensible
space, to compensate for loss or reduction of a
special-status plant population, the project
proponent shall retain a qualified biologist or native
plant specialist to collect seed from all plant
individuals and/or salvage plants within the
development footprint at the optimal time prior to
initiation of ground disturbance activities. The
project proponent and the Town of Los Gatos shall
oversee selection of an appropriate mitigation area,
preferably on the project site, or in the immediate
vicinity, that would not be disturbed in the future.
After selection of the mitigation area and approval
by the Town, a qualified biologist shall develop a
Special-Status Plant Management Plan detailing
optimal methods for seed collection/plant salvage
from the impact area, preparation of the mitigation
area, and seed/plant installation at the mitigation
area. The plan shall also include maintenance
measures to manage the rare plant occurrence for
long-term protection and persistence at the
Less than
Significant with
Mitigation