Los Gatos City Council
December 2, 2025

ITEM NO. 8.

4.0 Project Description
4-8 EMC Planning Group Inc.

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ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 4-9
Demolition
Site preparation would require demolition of all existing site improvements, which is expected to take approximately four (4) months.

Grading Activities
The preliminary cut and fill plan presents the preliminary earthwork quantity as follows:
total cut is 146,700 cubic yards and total fill is 6,400 cubic yards, resulting in an export of 140,300 cubic yards. The Town Municipal Code Section 12.20.010 requires a grading permit prior to any grading work or any other land-disturbing activity.

Tree Removal
The tree preservation/removal plan shows that out of 375 existing trees, 213 trees would be removed and 118 trees would be preserved. The landscape plans indicate that new trees would be planted on the terrace level and grade level.

Open Space and Landscaping
Approximately 77.5 percent of the site would be open space, contributing to the visual compatibility of the surrounding hillside as well as create a natural environment for the residents. The project would result in a slight reduction in the overall development pad, increasing the amount of common open space available in comparison to the existing development. Small pockets of greenery and passive gardens would provide landscaped zones throughout the site. The plant palette for the proposed development includes several native tree and plant species along with ornamental shrubs, grasses, and groundcover. In addition, the project landscaping plan incorporates tree replacement and use of mature trees and a Village Green area, to ensure consistency with the surrounding hillside woodland habitat. The project would also include a series of covered walkways connecting to the buildings throughout the project site. Open space would be controlled by topography, use of underground parking, and specific building location, in order to protect the hillside.

Stormwater Management
Development of the project as proposed would result in a net decrease in impervious surface area of approximately 4,000 square feet. The project would mimic existing drainage patterns with modifications to meet current stormwater runoff requirements that would result in slower runoff during small storms. Stormwater would be collected on-site via drain inlets and roof drains and would be treated on-site. The stormwater would first be treated on-site with bioretention systems approved by the Town, and then would be conveyed to the existing public stormwater infrastructure that serves the site.

ITEM NO. 8.

4.0 Project Description
4-10 EMC Planning Group Inc.

Standard best management practices (BMPs) have been integrated into the proposed project in order to reduce any runoff and potential erosion impacts during construction activities in compliance with the General Construction Permit. Standard BMPs that would be incorporated in the erosion control plan include, but are not limited to:

1. Inlet Protection;

2. Hydroseeding;

3. Fiber rolls; and

4. Check dams.

Sustainability Improvements
The proposed project, designed to meet or exceed the individual requirements of the California Building, Energy, and CalGreen Codes, as well as the Town’s Build It Green (GreenPoint Rated) Standards, would bring significant improvements over the existing structures for energy efficiency, resiliency, water usage, and storm water management. Use of noncombustible building systems, as well as management of the surrounding forest and landscape would minimize fire spread factor both to and from the new buildings. A centralized building heating and cooling system would provide energy efficiency above code requirements. In line with the Town’s prioritization of passive and active solar energy measures, and in keeping with the state Energy Code requirement, a minimum of 15 percent of the total roof areas would be provided as “solar ready” surfaces. Per the Cal Green requirements, 10 percent of all parking spaces would be designed to allow for future implementation of electric vehicle charging stations.

Area of Impact
Figure 4-2, Area of Impact, provides an overview of the actual development footprint of the proposed project. Table 4-3, Area of Impact, provides a further articulation in acreage of the impact footprint in relation to the overall project site acreage.

Table 4-3 Area of Impact
Impact Type Impact Area Acreage1
Cut and Fill Area (Grading – Includes Existing Developed Area) 6.4 Tree Removal Area 7.3
Defensible Fire Space Area 7.1
Total Project Site 10.9
SOURCE: Kimley Horn 2020; EMC Planning Group 2021
NOTE: 1. Impact area acreage includes overlapping acreage with other impact types

ITEM NO. 8.

Source: ESRI 2021, San ta Clara Coun ty 2020, Kimley Horn 2020 Figure 4-2
Area of Impact
110 Wood Road – Los Gatos Meadows Sen ior Livin g Commun ity Draft EIR 0 150 feet Project Site - 10.9 ac
New Building Locations (Approximate)
Defensible Fire Space - 7.1 ac
Cut and Fill Boundary - 6.4 ac
Tree Removal Boundary - 7.3 ac

ITEM NO. 8.

4.0 Project Description
4-12 EMC Planning Group Inc.

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ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 4-13
Construction Phasing
The project is anticipated to be built over a period of approximately 26 to 30 months.

Demolition of the existing improvements is expected to require approximately four (4) months.

Population and Employment
Table 4-4, Approximate Population Projection, presents the anticipated resident population.

Table 4-4 Approximate Population Projection
Unit Type Number of
Units
Population Rate1 Total Residents
1 Bedroom 57 1.1 63
2 Bedroom 112 1.3 146
Penthouse (2 Bedroom) 5 1.3 7
Independent Residential Unit Subtotal 174 216
Supporting Care Units 17 1.0 17
Grand Total 191 233
SOURCE: Kimley-Horn 2021; Covia 2021
NOTE: 1. Population rates based on actual population in Covia facilities and are similar to number of residents previously housed at the Los Gatos Meadows facility. These rates are subject to minor fluctuations.

According to the applicant-prepared Letter of Justification: Rebuild Los Gatos Meadows (dated June 30, 2020), an estimated 120 full-time equivalent employees would be anticipated with the proposed project. This is commensurate to the number of employees on-site prior to the closure of the existing facility in September 2019.

4.3 INTENDED USES OF THE EIR
In accordance with CEQA Guidelines section 15124(d), following is a list of agencies that are expected to use this EIR in their decision-making, and a list of the approvals for which this EIR may be used. These lists include information that is known to the Lead Agency.

Town of Los Gatos
 Planned Development Application (PD-20-001);
 Architecture and Site Permit;
 Tree Removal Permit;
 Demolition Permit;

ITEM NO. 8.

4.0 Project Description
4-14 EMC Planning Group Inc.
 Grading Permit;
 Building Permit; and
 Occupancy Permit.

Other Agencies (Possible Permits)
 U.S. Army Corps of Engineers;
 California Department of Fish and Wildlife; and/or
 California Regional Water Quality Control Board.

ITEM NO. 8.

EMC Planning Group Inc. 5-1

5.0 Aesthetics
This section of the draft EIR addresses the project’s effects on scenic resources, the change in the visual character of the project site and its surroundings due to the project, and the impacts of new sources of light and glare that could be added by the project. Information in this section is derived primarily from project plans prepared by the project applicant, The Town of Los Gatos General Plan and The Town of Los Gatos General Plan Draft and Final EIRs (2010), a site visit conducted by EMC Planning Group staff on August 28, 2020 and September 4, 2020, and visual simulations prepared by the applicant.

No comments were received in response to the notice of preparation regarding aesthetics.

The Town’s notice of preparation and comment letters on the notice are included in Appendix A.

5.1 ENVIRONMENTAL SETTING
Los Gatos Visual Qualities
The natural visual character of Los Gatos is defined by its setting at the eastern base of the Santa Cruz Mountains, which is integrated into the Town’s fabric through views of forested hillsides, mature trees, and creek-side trails. The urban character of Los Gatos is densely knit with a high level of architectural detail. The Town has created and maintained an attractively built environment through careful attention to the design of buildings, landscaping, public improvements, and the preservation of and careful integration with the natural environment.

Mature trees cover much of the Los Gatos landscape, particularly in the hillside neighborhoods. Los Gatos is one of many communities in California designated a “Tree City USA” and has been in the Tree City USA Program since 1980. This program provides national recognition and technical assistance to towns and cities for preserving and maintaining trees in their jurisdictions.

A scenic vista is generally described as a clear, expansive view of significant regional features possessing visual and aesthetic qualities of value to the community. The primary scenic views within Los Gatos are those of the Santa Cruz Mountains, particularly the Sierra Azul Ridge to the south. Many major roads that run north-south have views of the ridge to the south. However, these views are often blocked or partially blocked by trees.

ITEM NO. 8.

5.0 Aesthetics
5-2 EMC Planning Group Inc.

There are no State-designated scenic highways within Los Gatos. However, State Route 9 is a designated scenic highway just outside Town limits and State Route 17 passing through Los Gatos is an eligible State scenic highway. The project site is located more than ½ mile from State Route 9 and is not visible from this highway. At its closest point, the project is located approximately 470 feet from State Route 17. Views of the project site from this highway are intermittent and largely obscured by existing vegetation and structures.

Visual Quality and Character of Project Site
The project site is currently developed with 10 two-to-three-story residential buildings (up to 55 feet in height) making up the former Los Gatos Meadows senior living community. The facility includes a dining and commons building, an infirmary, garage and services building, a multi-purpose building, and two cottages. Los Gatos Meadows was constructed on a moderately steep to steep slope with slope inclinations averaging 24 percent and abundant tree cover and landscaping. The arborist report prepared for the project documents 331 trees onsite, which include 57 species but are largely made up of Coast live oak and California bay. The site is surrounded by commercial and rural residential properties. Photographs of the project site are presented in Figure 3-3, Existing Facility Representative Photos.

Public Views
Based on location and topography, the project site is principally visible from locations within the project site itself, though limited views of the project site are available from above the project on Wood Road, from S. Santa Cruz Avenue (looking west) and from East Main Street (looking south) as illustrated in the visual simulations prepared by the applicant (see sheets A406-A408). The project site is not viewable from any of the Town’s four (4) “Viewing Areas” as established in the Town’s Hillside Development Standards and Guidelines (discussed further below). These “Viewing Areas” are primarily situated to establish visual impacts to the hillsides further to the east across State Route 17. The closest established “Viewing Area” is located approximately 950 feet northwest of the project site at the northwest corner of the intersection of W. Main Street and Bayview Avenue. From this viewing area location, the project site is entirely obscured due to vegetation and/or buildings along Bayview Avenue.

Light and Glare
The existing senior living community contains sources of light and glare in the form of existing on-site nighttime lighting and reflective glass windows on portions of all existing buildings. Existing light and glare sources in the surrounding hillside area are primarily from existing residences. Sources of light and glare from the commercial downtown area to the northeast along North Santa Cruz Boulevard are primarily from existing commercial and office buildings.

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 5-3

5.2 REGULATORY SETTING
Section 3.0, Environmental Setting, includes a consistency evaluation of the relevant environmental policies of the Town of Los Gatos 2020 General Plan, and the Los Gatos Sustainability Plan. In addition to those relevant policies, the following standards and guidelines also apply to the proposed project.

Hillside Specific Plan
The project site is located within sub-area 6 of the Los Gatos Hillside Specific Plan. However, the project site is not located within the “Hillside Area” as shown in the “Town of Los Gatos Hillside Area Map” and therefore not subject to the Hillside Development Standards & Guidelines (HDS&G) visibility analysis requirements. However, as noted in Section 4.0, Project Description, in 2008 the Conceptual Development Advisory Committee (CDAC) requested that the site be rebuilt in the spirit of the HDS&G and as noted by the applicant, design components of the proposed project are intended to meet this request.

Town of Los Gatos Town Code
As part of its Zoning Ordinance, the Town of Los Gatos adopted a Tree Protection Ordinance (Sec 29.10.0950 et seq.) that sets forth parameters for tree removal. The Town’s tree ordinance is discussed in greater detail within Section 7, Biological Resources. Town Code Section

29.10.09035 prohibits the production of direct or reflected glare (such as that produced by floodlighting) onto any area outside of the boundaries of a given property.

5.3 THRESHOLDS OR STANDARDS OF SIGNIFICANCE
CEQA Guidelines Appendix G is a sample initial study checklist that includes a number of factual inquiries related to the subject of aesthetics, as it does on a whole series of additional topics. Lead agencies are under no obligation to use these inquiries in fashioning thresholds of significance on the subject of aesthetics impacts, or on any subject addressed in the checklist. Rather, with few exceptions, CEQA grants agencies discretion to develop their own thresholds of significance. Even so, it is a common practice for lead agencies to take the language from the inquiries set forth in Appendix G and to use that language in fashioning thresholds. The Town of Los Gatos has done so here. Therefore, for purposes of this EIR, a significant aesthetics impact would occur if implementation of the proposed project would:
 Have a substantial adverse effect on a scenic vista;
 Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway;

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5.0 Aesthetics
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 In non-urbanized area, substantially degrade the existing visual character or quality of public views of the site and its surroundings. In an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality; or
 Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.

These are the issues evaluated in the following impact analysis.

5.4 ANALYSIS, IMPACTS, AND MITIGATION MEASURES
Approach to the Environmental Analysis
This section evaluates whether the proposed project would result in significant impacts on aesthetic, or scenic resources. The significance criteria above were used to evaluate the proposed project’s effects on aesthetic resources relative to the existing baseline condition.

The visual analysis is based on site investigations, evaluations of ground-based photographs of the project site and locations therein where modifications are proposed, review of project application materials and communications submitted by the applicant regarding visual aspects of the proposed project, and consideration of Town policies and guidelines related to visual resources.

Actions with long-term visual effects, such as constructing new buildings, grading, vegetation removal, and introducing new sources of nighttime light and daytime glare, can permanently alter the landscape in a manner that could affect existing scenic resources and the visual character or quality of an area, depending on the perspective of the viewer and the visual sensitivity of an area.

Effects on Scenic Vistas
As previous discussed, the property is not located in the area subject to the Town’s HDS&G.

However, the CDAC suggested that the spirit and intent of the HDS&G should be applied within the design of the project including as relates to protecting existing hillside scenic vistas and preventing ridgeline development. In addition, the Town’s General Plan establishes goals and policies which are intended to preserve the natural beauty and ecological integrity of the Santa Cruz Mountains and surrounding hillsides (General Plan Goal CD-14) by discouraging inappropriate development on and near the hillsides that significantly impacts viewsheds (General Plan Policy CD 14.6).

IMPACT
5-1 The Proposed Project Would Have an Effect on a Scenic Vista Less-than-Significant

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 5-5
As shown in the project plans (see sheets A205 through A207), the project would generally align building roof lines with the contour of the hill and incorporate smaller roof components, minimizing the contrast between buildings and the existing environment. As noted by the applicant and independently verified by Town staff and EMC Planning Group, the spirit of the HDS&G is integrated into the project by stepping the buildings into the hillside, minimizing the dimensions of the Town-facing buildings, saving some existing trees per the arborist plan, implementing a landscape and tree-replacement plan, and presenting a carefully developed scale. Views from downtown Los Gatos towards the site (as demonstrated in the E. Main Street View Corridor exhibit on sheet A406 and included as Figure 5-1, View Corridor from East Main Street to Project Site), would be limited to the top of new building rooflines and upper floor windows, which is similar of views towards the existing facility though at a slightly greater height as viewed from downtown. However, this increased visibility would not substantially alter scenic views towards the designated Hillside Area and Santa Cruz Mountains beyond the project site. Therefore, the proposed project would have a less-than-significant effect on a scenic vista.

Effects on Scenic Resources within a State Scenic Highway As previously noted, the project site is not located within the viewshed of either State Route 9 (designated scenic highway) or State Route 17 (eligible scenic highway). Very limited views exist of the project site from State Route 17; however, they are intermittent and largely obscured by existing vegetation and topography. Therefore, the proposed project would have no adverse impact on views from scenic highways.

Visual Character and Quality Effects
The existing visual character of the project site can be considered as having a moderate visual quality based on the existing developed though heavily wooded hillside setting. As previously discussed, the property is not located in the area subject to the Town’s HDS&G.

However, the CDAC suggested that the spirit and intent of the HDS&G should be applied within the design of the project. The proposed project would result in the reduction of the overall site development (from 24.6 percent of the site to 22.5 percent of the site) and the increase in overall open space (from 75.4 percent of the site to 77.5 percent), which would generally be consistent with the HDS&G. In addition to this, development of the multi-story IMPACT
5-2
The Proposed Project Would Not Have an Adverse Effect on Scenic Resources within a State Scenic Highway No Impact IMPACT
5-3
The Proposed Project Would Alter the Existing Visual Character of the Site but Would Not Conflict with Applicable Zoning and Other Regulations Governing Scenic Quality
Less than Significant

ITEM NO. 8.

5.0 Aesthetics
5-6 EMC Planning Group Inc.
senior living community would be subject to the requirements of the Town’s Architecture and Site application process upon approval of the Planned Development overlay application.

As part of this process, the Town would require each structure’s design to be consistent with the Los Gatos Hillside Specific Plan and in the spirit of the HDS&G for site planning, development intensity, architectural design, site elements, and landscape design, as well as for light and glare. Figure 5-2, Proposed Southeast Elevation (Villa H), provides an architectural elevation rendering of Villa H, as viewed from the southeast boundary of the project site. Figure 5-3, Proposed Northeast Elevation (Villa C), presents an architectural elevation rending of Villa C, as viewed from the northeast boundary of the project site.

The HDS&G also emphasize minimizing grading and preserving natural features (including drainage channels and trees). While this analysis acknowledges that some structures could be visible from adjacent or nearby areas, the Town’s Architecture and Site application process would ensure that tree removal, building design, and landscape planting for proposed buildings would be consistent with the Town’s design standards that guide residential and non-residential development in hillside areas. The application of these guidelines would help to reduce any potential degradation of the visual character of the project vicinity. Figures 5-4, Existing and Proposed Project Site Cross Section, presents three cross sections of the project site with existing and proposed building outlines set against the surrounding hillside setting with building heights, exiting trees, and neighboring homes as seen from different directional vantage points looking towards the project site.

As discussed in the project’s arborist report, Appendix C, and in the Biological Resources section of this draft EIR, 213 trees would be removed for new buildings, infrastructure and roadway improvements. Landscaping plans have been submitted for the senior living community site and show placement and selection of a variety of native plants, replacement trees, retention/preservation of 118 mature existing trees, a Village Green area, and passive gardens that are consistent with the General Plan and Los Gatos Hillside Specific Plan policies (see Table 3-1 under “Community Design Element”). In addition, landscaping plans are in keeping with landscaping design concepts and goals contained in the HDS&G, which emphasize maintaining the natural appearance of the hillsides where possible, designing for fire safety including maintaining adequate defensible space, utilizing native plant species, controlling erosion, screening buildings, and providing privacy. All these design principles also ensure consistency with the proposed PD zoning overlay (Town Code Section 28.80.075) by enhancing the natural features of the site, decreasing the overall developed area on the site and maintaining open space. The proposed project, while increasing the overall height and scale of buildings on site as seen from the surrounding area, would be compatible with the general character of the hillside area and consistent with the visual quality of the existing developed site. Therefore, impacts to the visual character of the project site associated with the proposed project would be less than significant.

ITEM NO. 8.
100 Mon
San Fra
T. +1 41
SCALE:

DRAWING TITL

PROJECT TITLE

PROJECT N
Applicant:

Owner:

Civil / Site:

Structural:

Mechanical, Elec
Landscape:

General Contrac
PERS
BEFO
LOS G
MEAD
A
110 WOOD

LOS GATOS

PLANNING

ROCKWOOD
36 SOUTHWOO
ORINDA, CA 94
(415) 816-7944
COVIA
2185 N CALIFO

WALNUT CREE
(925) 956-7400

KIMLEY-HOR
4637 CHABOT

PLEASANTON,
(925) 398-4840

KPFF CONSU
45 FREMONT S

SAN FRANCISC
(415) 989-1004
GLUMAC
150 CALIFORN

SAN FRANCISC
(415) 398-7667
GATES + ASS
2671 CROW CA

SAN RAMON, C
(925) 736-8176

DEVCON CON
690 GIBRALTA
MILPITAS, CA 9
(408) 942-8200
100 Montgomery St., Suite 2300
San Francisco, CA 94104
T. +1 415 926 7900
SCALE:

DRAWING TITLE:

PROJECT TITLE:

PROJECT No:

KEY PLAN
Applicant:

Owner:

Civil / Site:

Structural:

Mechanical, Electrical & Plumbing:

Landscape:

General Contractor:

PERSPECTIVE -

BEFORE AND AFTER
70581.00

LOS GATOS

MEADOWS
OCTOBER 13, 2020
A406
110 WOOD ROAD
LOS GATOS, CA 95030

PLANNING SUBMITTAL

ROCKWOOD PACIFIC
36 SOUTHWOOD DRIVE
ORINDA, CA 94563
(415) 816-7944
COVIA
2185 N CALIFORNIA BLVD, SUITE 215
WALNUT CREEK, CA 94596
(925) 956-7400

KIMLEY-HORN
4637 CHABOT DRIVE, SUITE 300
PLEASANTON, CA 94588
(925) 398-4840

KPFF CONSULTING ENGINEERS
45 FREMONT ST, 28TH FLOOR
SAN FRANCISCO, CA 94105
(415) 989-1004
GLUMAC
150 CALIFORNIA ST, 3RD FLOOR
SAN FRANCISCO, CA 94111
(415) 398-7667
GATES + ASSOCIATES
2671 CROW CANYON RD
SAN RAMON, CA 94583
(925) 736-8176

DEVCON CONSTRUCTION INC
690 GIBRALTAR DRIVE
MILPITAS, CA 95035
(408) 942-8200
100 Montgomery St., Suite 2300
San Francisco, CA 94104
T. +1 415 926 7900
SCALE:

DRAWING TITLE:

PROJECT TITLE:

PROJECT No:

KEY PLAN
Applicant:

Owner:

Civil / Site:

Structural:

Mechanical, Electrical & Plumbing:

Landscape:

General Contractor:

PERSPECTIVE -

BEFORE AND AFTER
70581.00

LOS GATOS

MEADOWS
OCTOBER 13, 2020
A406
110 WOOD ROAD
LOS GATOS, CA 95030

PLANNING SUBMITTAL

ROCKWOOD PACIFIC
36 SOUTHWOOD DRIVE
ORINDA, CA 94563
(415) 816-7944
COVIA
2185 N CALIFORNIA BLVD, SUITE 215
WALNUT CREEK, CA 94596
(925) 956-7400

KIMLEY-HORN
4637 CHABOT DRIVE, SUITE 300
PLEASANTON, CA 94588
(925) 398-4840

KPFF CONSULTING ENGINEERS
45 FREMONT ST, 28TH FLOOR
SAN FRANCISCO, CA 94105
(415) 989-1004
GLUMAC
150 CALIFORNIA ST, 3RD FLOOR
SAN FRANCISCO, CA 94111
(415) 398-7667
GATES + ASSOCIATES
2671 CROW CANYON RD
SAN RAMON, CA 94583
(925) 736-8176

DEVCON CONSTRUCTION INC
690 GIBRALTAR DRIVE
MILPITAS, CA 95035
(408) 942-8200
-$18$5<

EXISTING OFF-SITE TREES

IN DOWNTOWN AREA
Project Site
110 Wood Road – Los Gatos Meadows Senior Living Community Draft EIR View Corridor from East Main Street to Project Site
Figure 5-1
Source: Perkins-Eastman 2021
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ITEM NO. 8.

A201
2 A201
3 VILLA H

VILLA A

VILLA B

VILLA C

VILLA G
T.O. ROOF RIDGE
EL +573' - 6"
' - 6"
T.O. ROOF RIDGE
573' - 7"
MC-1 GL-2 EX-2 MP-1 RF-1 MP-2 EX-1 ST-1
6" / 12"
6" / 12"
MC-1
T.O. ROOF RIDGE
547' - 1"
GL-2 EX-2 RF-1 EX-1
MP-2
ST-1
MP-1
6" / 12"

GRADE SECTION THROUGH FARWELL LANE,

EXISTING/PROPOSED CONDITION

CONCRETE PANEL SIDING
EX-1
ST-1

STONE TILE
ROOF - STANDING SEAM RF-1
MC-1

BRUSHED STAINLESS STEEL

MATERIAL LEGEND
3/32" = 1'-0" 2 VILLA A SOUTH-EAST ELEVATION 3/32" = 1'-0" 3 VILLA H SOUTH-EAST ELEVATION NOTE: SEE SHEET A204 FOR MATERIAL BOARD NOTE: SEE SHEET A204 FOR MATERIAL BOARD Project Site 110 Wood Road – Los Gatos Meadows Senior Living Community Draft EIR Figure 5-2
Source: Perkins-Eastman 2021
Proposed Southeast Elevation (Villa H)
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ITEM NO. 8.

VILLA H

VILLA G
T.O. ROOF RIDGE
EL +558' - 6"

TERRACE LEVEL
EL +505' 0"
53' - 6"
A202
3 VILLA D

VILLA C
64'
0"
MC-1 EX-2 MP-1 ST-1 MP-2 EX-1 MP-3 RF-1
GL-2
T.O. ROOF RIDGE
6 570' - 1" " / 12"
6" / 12"
EX-1
MP-1
MP-2
ST-1
RF-1
MP-3
MC-1
EX-2
MATER
1/8" = 1'-0" 3 VILLA C NORTH-EAST ELEVATION
NOTE: SEE SHEET A204 FOR MATERIAL BOARD Project Site
110 Wood Road – Los Gatos Meadows Senior Living Community Draft EIR Proposed Northeast Elevation (Villa C)
Figure 5-3
Source: Perkins-Eastman 2021
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ITEM NO. 8.

EXISTING BUILDING
Project Site
110 Wood Road – Los Gatos Meadows Senior Living Community Draft EIR Existing and Proposed Project Site Cross Sections
Figure 5-4
Source: Perkins-Eastman 2021
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5.0 Aesthetics
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ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 5-15
Light and Glare Effects
The existing facility currently has exterior security and surface parking lighting and lighting typical of multifamily residential and senior living communities. The proposed project would be the same as the existing use and would continue to have lighting typical to senior living communities. As shown on the “Site Lighting Concept Plan” (see sheet LS-12 of the project plans), proposed lighting fixtures for the project include post top lights, bollard lights, and various wall mounted lights all of which comply with Town Code Section

29.10.09035, which prohibits the generation of direct or reflected light onto any area outside of the project boundaries. In addition, all exterior fixtures would comply with the Town requirements to be downward directed and shielded. The lighting will also be required to comply with the requirements of the California Energy Code set forth in California Code of Regulations Title 24 Part 6, which requires reducing wasteful and unnecessary energy consumption in newly constructed and existing buildings including utilizing low intensity lighting designs and devices. Prior to the issuance of building permits, a final exterior lighting plan which shall indicate the location, type, and wattage of all light fixtures and include catalog sheets for each fixture shall be provided to the Town of Los Gatos for review and approval as part of the Architecture and Site Review approval.

Implementation of this condition would reduce the impact by requiring lighting design and controls for each building on the project site. Therefore, with the implementation of this condition, impacts would be reduced to a less-than-significant level. No mitigation measures are necessary.

IMPACT
5-4
The Proposed Project Would Introduce New Sources of Light and Glare Less than Significant

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ITEM NO. 8.

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6.0 Air Quality
This section evaluates the potential impacts of the proposed project on regional and local air quality during construction activities. The health risks associated with project construction on nearby sensitive receptors are also evaluated.

The information within this section is derived from a variety of sources including:
 California Environmental Quality Act Air Quality Guidelines (Bay Area Air Quality Management District 2017a);
 2017 Clean Air Plan: Spare the Air, Cool the Climate (Bay Area Air Quality Management District 2017b);
 CalEEMod Results Winter and Summer (EMC Planning Group 2021a); and  110 Wood Road – Los Gatos Continuing Care Retirement Community Health Risk Assessment (EMC Planning Group 2021b).

Additional sources of information are introduced where applicable. There were no responses to the NOP regarding air quality.

6.1 ENVIRONMENTAL SETTING
Regional Climate and Topography
The project site is located within the San Francisco Bay Area Air Basin (“air basin”). The air basin encompasses all of Alameda, Contra Costa, Santa Clara, San Francisco, San Mateo, Marin, and Napa counties, and the southern portions of Solano and Sonoma counties.

The air basin is characterized by complex terrain, consisting of coastal mountain ranges, inland valleys, and bays, which distort normal wind flow patterns. The Coast Range splits at San Francisco Bay, resulting in a western coast gap, the Golden Gate, and an eastern coast gap, the Carquinez Strait, which allows air to flow in and out of the air basin and the Central Valley to the east.

The climate is dominated by the strength and location of a semi-permanent, subtropical high-pressure cell. During the summer, the Pacific high-pressure cell is centered over the northeastern Pacific Ocean resulting in stable meteorological conditions and a steady

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northwesterly wind flow. Upwelling of cold ocean water from below to the surface because of the northwesterly flow produces a band of cold water off the California coast. The cool and moisture-laden air approaching the coast from the Pacific Ocean is further cooled by the presence of the cold-water band resulting in condensation and the presence of fog and stratus clouds along the Northern California coast. In the winter, the Pacific high-pressure cell weakens and shifts southward resulting in wind flow offshore, the absence of upwelling, and the occurrence of storms. Weak inversions coupled with moderate winds lessen the region’s air pollution.

Criteria Air Pollutants and Precursors and Their Effects on Human Health
The six most common and widespread air pollutants of concern, or “criteria air pollutants,” are ground-level ozone, nitrogen dioxide, particulate matter, carbon monoxide, sulfur dioxide, and lead. In addition, reactive organic gases are a key contributor to the criteria pollutants because they react with other substances to form ground-level ozone. The common properties, sources, and related health and environmental effects of these pollutants are summarized in Table 6-1, Criteria Air Pollutants.

Health effects of criteria air pollutants include, but are not limited to, asthma, bronchitis, chest pain, coughing, throat irritation, and airway inflammation. Currently available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project’s criteria air pollutant emissions and specific human health impacts. Consequently, the Bay Area Air Quality Management District’s thresholds of significance for criteria air pollutants are not intended to address regional impacts, but address localized human health impacts that may result from an individual project’s criteria air pollutant emissions.

Ozone
Ground-level ozone (O3) is created by complex chemical reactions between nitrogen oxides and volatile organic compounds in the presence of sunlight. Since ground-level O3 is not emitted directly into the atmosphere, but is formed because of photochemical reactions, it is considered a secondary pollutant.

O3 is a strong irritant that attacks the respiratory system, leading to the damage of lung tissue. Asthma, bronchitis, and other respiratory ailments, as well as cardiovascular diseases, are aggravated by exposure to O3. A healthy person exposed to high concentrations may become nauseated or dizzy, may develop a headache or cough, or may experience a burning sensation in the chest. Research has shown that exposure to O3 damages the alveoli (the individual air sacs in the lung where the exchange of oxygen and carbon dioxide between the air and blood takes place). Research has shown that O3 also damages vegetation.

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Table 6-1 Criteria Air Pollutants
Pollutant Properties Major Sources Related Health &
Environmental Effects
Ozone Ground-level ozone is not
emitted directly into the air. It
results from chemical reactions
between nitrogen oxides and
volatile organic compounds in
presence of sunlight.
 Automobiles;
 Industrial facilities;
 Gasoline vapors;
 Chemical solvents;
 Electric utilities.
 Chest pain, coughing, throat
irritation, and airway inflammation
 Worsens bronchitis, emphysema,
and asthma.
 Affects sensitive vegetation and
ecosystems.

Nitrogen Dioxide Reddish-brown gas formed
during combustion of fuel.

Nitrogen dioxide is a part of a
group of highly reactive gases
known as nitrogen oxides.
 Combustion of fuel;
 Automobiles;
 Power plant;
 Off-road Equipment.
 Irritate respiratory system /
increase respiratory infections
 Development of asthma
 Forms acid rain – harms sensitive
ecosystems
 Creates hazy air
 Contributes to nutrient pollution in
coastal waters
Respirable and Fine
Particulate Matter
Mixture of solid particles and
liquid droplets found in the air.

Some particles, such as dust,
soot, dirt, or smoke can be seen
with the naked eye. Others are
so small that they can only be
detected with an electron
microscope.
 Automobiles;
 Power Plants;
 Construction sites;
 Tilled farm fields;
 Unpaved roads;
 Smokestacks.
 Aggravated asthma;
 Irritation of the airways, coughing,
and difficulty breathing;
 Decreased lung function;
 Premature death;
 Reduced visibility.

Carbon Monoxide Colorless, odorless gas released
when something is burned.
 Fuel combustion;
 Industrial processes;
 Highly congested
traffic.
 Chest pain for those with heart
disease;
 Vision problems;
 Dizziness, unconsciousness, and
death (at high levels).

Sulfur Dioxide Colorless acid gas with a
pungent odor formed during
combustion of fuel. In the entire
group of sulfur oxides, sulfur
dioxide is the component of the
greatest concern.
 Fuel combustion;
 Industrial processes;
 Locomotives, ships,
and other heavy
equipment;
 Volcanoes.
 Makes breathing difficult;
 Worsens asthma;
 Contributes to acid rain;
 Reduced visibility;
 Damages statues and
monuments.

Lead Lead is a naturally occurring
element found in small amounts
in the earth’s crust.
 Ore and metal
processing;
 Leaded aviation fuel;
 Waste Incinerators;
 Utilities;
 Lead-acid battery
manufacturers.
 High blood pressure and heart
disease in adults;
 Behavioral problems, learning
deficits, and lowered IQ in infants
and young children;
 Decreased plant and animal
growth;
 Neurological effects in
vertebrates.

SOURCE: United States Environmental Protection Agency 2018

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If project-generated concentrations of reactive organic gases and/or nitrogen oxides exceed the applicable thresholds of significance, concentrations of ground-level O3 resulting from these pollutants could potentially result in significant adverse human health impacts.

Reactive Organic Gases
Reactive organic gases (ROGs) are emitted from a variety of sources, including liquid and solid fuel combustion, evaporation of organic solvents, and waste disposal. ROGs are any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, as well as a list of compounds specifically excluded by the California Air Resources Board or the United States Environmental Protection Agency.

Nitrogen Dioxide
Nitrogen dioxide (NO2) primarily gets in the air from the combustion of fuel in cars, trucks and buses, power plants, and off-road equipment. NO2 is a reddish-brown gas that can irritate the lungs and can cause breathing difficulties at high concentrations. NO2 is one of a group of highly reactive gases known as nitrogen oxides (NOX). NO2 is used as the indicator for the larger group of NOX, which also includes nitrous acid and nitric acid. NOX is a major contributor to ozone formation. NOX also contributes to the formation of particulate matter (see discussion below).

Particulate Matter
Particulate matter refers to a wide range of solid or liquid particles in the atmosphere, including smoke, dust, aerosols, and metallic oxides. Particulate matter with diameter of 10 micrometers or less is referred to as PM10. PM2.5 includes a subgroup of finer particles that have a diameter of 2.5 micrometers or less. Particulate matter is directly emitted to the atmosphere as a byproduct of fuel combustion, wind erosion of soil and unpaved roads, and from construction or agricultural operations. Small particles are also created in the atmosphere through chemical reactions. Approximately 64 percent of fugitive dust is respirable particulate matter. Minimal grading typically generates about 10 pounds per day per acre on average while excavation and earthmoving activities typically generate about 38 pounds per day per acre.

Although particles greater than 10 micrometers in diameter can cause irritation in the nose, throat, and bronchial tubes, natural mechanisms remove much of these particles. Particles less than 10 micrometers in diameter are able to pass through the body's natural defenses and the mucous membranes of the upper respiratory tract and enter into the lungs. The particles can damage the alveoli. The particles may also carry carcinogens and other toxic compounds, which can adhere to the particle surfaces and enter the lungs.

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Carbon Monoxide
Carbon monoxide (CO) is an odorless, colorless gas that is released when fuel is burned. The greatest sources of CO to outdoor air are cars, trucks and other vehicles or machinery that burn fossil fuels.

A variety of household items such as gas space heaters, furnaces, fireplaces, lanterns, gas stoves, grills, and lawn equipment also release CO and can affect air quality indoors.

When inhaled at high concentrations, CO combines with hemoglobin in the blood and reduces the oxygen-carrying capacity of the blood. This results in reduced oxygen reaching the brain, heart and other body tissues. This condition is especially critical for people with cardiovascular diseases, chronic lung disease or anemia, as well as fetuses. Even healthy people exposed to high CO concentrations can experience headaches, dizziness, fatigue, unconsciousness, and even death.

Sulfur Dioxide
Within the larger group of gaseous sulfur oxides (SOX), sulfur dioxide (SO2) is the component of greatest concern, and is used as the indicator for the group. Emissions that lead to high concentrations of SO2 generally also lead to the formation of other SOX. SO2 is a colorless acid gas with a pungent odor. SO2 is produced by the combustion of sulfur-containing fuels, such as oil, coal and diesel. SO2 dissolves in water vapor to form acid, and interacts with other gases and particles in the air to form sulfates and other products that can be harmful to people and their environment. Health effects of SO2 include damage to lung tissue and increased risk of acute and chronic respiratory disease.

Lead
Lead (Pb) is a metal found naturally in the environment as well as in manufactured products.

Thirty years ago, mobile sources were the main contributor to ambient Pb concentrations in the air. Pb was phased out of on-road vehicle gasoline between 1975 and 1996 (Newell and Rogers 2003). Consequently, levels of Pb in the air decreased 98 percent between 1980 and 2014 (United States Environmental Protection Agency 2017). As a result of the phase-out of leaded gasoline, metal processing is currently the primary source of lead emissions. The highest levels of Pb in air are generally found near Pb smelters. Other stationary sources are waste incinerators, utilities, and lead-acid battery manufacturers.

Toxic Air Contaminants and their Effects on Human Health Toxic air contaminants (“TACs”) are pollutants that may be expected to result in an increase in mortality or serious illness or may pose a present or potential hazard to human health.

Health effects include cancer, birth defects, neurological damage, damage to the body's natural defense systems, and diseases that lead to death. TACs can be classified as either carcinogens or non-carcinogens.

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Diesel Emissions
Diesel exhaust is especially common during the grading stage of construction (when most of the heavy equipment is used), and adjacent to heavily trafficked roadways where diesel trucks are common. Diesel exhaust is the predominant TAC in urban air and is estimated to represent about two-thirds of the cancer risk from TACs. Diesel engines emit a complex mix of pollutants including nitrogen oxides, particulate matter, and TACs. The most visible constituents of diesel exhaust are very small carbon particles or soot, known as diesel particulate matter (DPM). Diesel exhaust also contains over 40 cancer-causing substances, most of which are readily adsorbed on the soot particles. Among the TACs contained in diesel exhaust are dioxin, lead, polycyclic organic matter, and acrolein. Diesel engine emissions are responsible for about 70 percent of California's estimated cancer risk attributable to TACs (California Air Resources Board 2020a). As a significant fraction of particulate pollution, diesel particulate matter contributes to numerous health impacts, including increased hospital admissions, particularly for heart disease, but also for respiratory illness, and even premature death.

Construction Emissions
Emissions generated during construction are “short-term” in the sense that they would be limited to the actual periods of site development and construction. Short-term construction emissions are typically generated by the use of heavy equipment, the transport of materials, and construction employee commute trips. Construction-related emissions consist primarily of volatile organic compounds, nitrogen oxides, diesel particulate matter, suspended particulate matter, and carbon monoxide. Emissions of volatile organic compounds, nitrogen oxides, DPM, and carbon monoxide are generated primarily by the operation of gas and diesel-powered motor vehicles, asphalt paving activities, and the application of architectural coatings. Suspended particulate matter emissions are generated primarily by wind erosion of exposed graded surfaces.

Sensitive Receptors
Although air pollution can affect all segments of the population, certain groups are more susceptible to its adverse effects than others. Children, the elderly, and the chronically or acutely ill are the most sensitive population groups. These sensitive receptors are commonly associated with specific land uses such as residential areas, schools, retirement homes, and hospitals.

Existing sensitive receptors located adjacent to or in the vicinity of the project site include single-family residences to the north and east, a single-family home to the southeast, and hillside residences to the south and west (refer to Figure 3-2, Aerial Photograph).

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6.2 REGULATORY SETTING
Federal
United States Environmental Protection Agency
The United States Environmental Protection Agency (EPA) was established on December 2, 1970 to create a single agency that covered several agency concerns: federal research, monitoring, standard-setting and enforcement.

The EPA regulates diesel engine design and fuel composition at the federal level, and has implemented a series of measures since 1993 to reduce nitrogen oxides and particulate emissions from off-road and highway diesel equipment. Before EPA began regulating sulfur in diesel, diesel fuel contained as much as 5,000 parts per million (ppm) of sulfur. In 2006, EPA introduced stringent regulations to lower the amount of sulfur in diesel fuels to 15 ppm (Environmental Protection Agency 2017). This fuel is known as ultra-low sulfur diesel.

EPA Tier 1 non-road diesel engine standards were introduced in 1996, Tier 2 in 2001, Tier 3 in 2006, with final Tier 4 in 2014 (DieselNet 2017). Table 6-2, Typical Non-road Engine Emissions Standards, compares emissions standards for NOX and particulate matter from non-road engine Tier 1 through Tier 4 for typical engine sizes. As illustrated in the table, emissions for these pollutants have decreased significantly for construction equipment manufactured over the past 20 years, and especially for construction equipment manufactured in the past five years.

Table 6-2 Typical Non-road Engine Emissions Standards
Engine Tier and
Year
Introduced
NOX Emissions1 Particulate Emissions1
100-175 HP 175-300 HP 300-600 HP 100-175 HP 175-300 HP 300-600 HP Tier 1 (1996) 6.90 6.90 6.90 -- 0.40 0.40
Tier 2 (2001) --2 --2 --2 0.22 0.15 0.15
Tier 3 (2006) --2 --2 --2 -- †3 -- †3 -- †3
Tier 4 (2014) 0.30 0.30 0.30 0.015 0.015 0.015
SOURCE: DieselNet 2017
NOTES:

1. Expressed in g/bhp-hr. where g/bhp-hr. stands for grams per brake horsepower-hour.

2. Tier 1 standards for NOX remained in effect.

3. † - Not adopted, engines must meet Tier 2 PM standard.

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Federal Clean Air Act
Air quality is regulated at the federal level by the Clean Air Act, which was adopted in 1970 and then amended in 1990. The federal Clean Air Act required the EPA to set National Ambient Air Quality Standards for several air pollutants on the basis of human health and welfare criteria. The Clean Air Act also set deadlines for the attainment of these standards.

The Clean Air Act established two types of national air standards: primary and secondary standards. Primary standards set limits to protect public health, including the health of sensitive persons such as asthmatics, children, and the elderly. Secondary standards set limits to protect public welfare, including protection against decreased visibility, damage to animals, crops, vegetation, and buildings. Historically, air quality laws and regulations have divided air pollutants into two broad categories of airborne pollutants: criteria pollutants and TACs.

National Ambient Air Quality Standards
Ambient air quality is described in terms of compliance with the state and national standards. In general, criteria pollutants are pervasive constituents, such as those emitted in vast quantities by the combustion of fossil fuels. Both the state and federal governments have developed ambient air quality standards for the most prevalent pollutants, which include ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, suspended particulate matter, and fine particulate matter. Table 6-3, National and California Ambient Air Quality Standards, lists national and California ambient air quality standards for common air pollutants.

National Emissions Standards for Hazardous Air Pollutants are emissions standards set by the EPA for an air pollutant not covered by National Ambient Air Quality Standards that may cause an increase in fatalities or in serious, irreversible, or incapacitating illness. The standards for a particular source category require the maximum degree of emission reduction that the EPA determines to be achievable, which is known as the Maximum Achievable Control Technology.

State
California Air Resources Board
The federal Clean Air Act gives states primary responsibility for directly monitoring, controlling, and preventing air pollution. The California Air Resources Board (CARB) is responsible for coordination and oversight of federal, state, and local air pollution control programs in California and for implementing the requirements of the federal Clean Air Act and California Clean Air Act. CARB oversees regional or local air quality management or air pollution control districts that are charged with developing attainment plans for the areas over which they have jurisdiction.

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Table 6-3 National and California Ambient Air Quality Standards Pollutant Averaging
Time
National Standards1 California Standards2
Primary3,4 Secondary3,5 Concentration3
ppm µg/m3 ppm µg/m3 ppm µg/m3
O3
6 1 Hour - - - - 0.09 180
8 Hour 0.07 137 0.07 137 0.07 137
PM107 24 Hour - 150 - 150 - 50
Annual - - - - - 20
PM2.57 24 Hour - 35 - 35 - -
Annual - 12 - 15 - 12
CO 8 Hour 9 10 - - 9.0 10
1 Hour 35 40 - - 20.0 23
NO2
8 Annual 0.053 100 0.053 100 0.03 57
1 Hour 0.10 188 - - 0.18 339
SO2
9 Annual 0.03 See note 9 - - - -
24 Hour 0.14 See note 9 - - 0.04 105
3 Hour - - 0.5 1,300 - -
1 Hour 0.075 196 - - 0.25 655
Pb10,11 30 Day
Average
- - - - - 1.5
Rolling 3-
month
Average
- 0.15 - 0.15 - -
Calendar
Quarter
See note 10 1.5 See note 10 1.5 - -
Visibility
Reducing
Paarticles12
8 Hour
No Federal Standards
See note 12
Sulfates 24 Hour - 25
Hydrogen
Sulfide
1 Hour 0.03 42
Vinyl Chloride10 24 Hour 0.01 26
SOURCE: California Air Resources Board 2016
NOTES:

1. National standards (other than ozone, particulate matter, and those based on annual averages or annual arithmetic mean) are not to be exceeded more than once a year. The ozone standard is attained when the fourth highest 8-hour concentration measured at each site in a year, averaged over three years, is equal to or less than the standard. For PM10, the 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μg/m3 is equal to or less than one. For PM2.5, the 24-hour standard is attained when 98 percent of the daily concentrations, averaged over three years, are equal to or less than the standard. Contact EPA for further clarification and current federal policies.

2. California standards for ozone, carbon monoxide, sulfur dioxide (1 and 24 hour), nitrogen dioxide, and particulate matter (PM10, PM2.5, and visibility reducing particles), are values that are not to be exceeded. All others are not to be equaled or

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exceeded. California ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations.

3. Concentration expressed first in units in which it was promulgated. Equivalent units given in parentheses are based upon a reference temperature of 25°C and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a reference temperature of 25°C and a reference pressure of 760 torr; ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas.

4. National Primary Standards: The levels of air quality necessary, with an adequate margin of safety to protect the public health.

5. National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant.

6. On October 1, 2015, the national 8-hour ozone primary and secondary standards were lowered from 0.075 to 0.070 ppm.

7. On December 14, 2012, the national annual PM2.5 primary standard was lowered from 15 μg/m3 to 12.0 μg/m3. The existing national 24-hour PM2.5 standards (primary and secondary) were retained at 35 μg/m3, as was the annual secondary standard of 15 μg/m3. The existing 24-hour PM10 standards (primary and secondary) of 150 μg/m3 also were retained. The form of the annual primary and secondary standards is the annual mean, averaged over 3 years.

8. To attain the 1-hour national standard, the 3-year average of the annual 98th percentile of the 1-hour daily maximum concentrations at each site must not exceed 100 parts per billion (ppb). Note that the national 1-hour standard is in units of ppb. California standards are in units of ppm. To directly compare the national 1-hour standard to the California standards the units can be converted from ppb to ppm. In this case, the national standard of 100 ppb is identical to

0.100 ppm.

9. On June 2, 2010, a new 1-hour SO2 standard was established and the existing 24-hour and annual primary standards were revoked. To attain the 1-hour national standard, the 3-year average of the annual 99th percentile of the 1-hour daily maximum concentrations at each site must not exceed 75 ppb. The 1971 SO2 national standards (24-hour and annual) remain in effect until one year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971 standards, the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are approved.

10. The California Air Resources Board has identified lead and vinyl chloride as ‘TACs' with no threshold level of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants.

11. The national standard for lead was revised on October 15, 2008 to a rolling 3-month average. The 1978 lead standard (1.5 μg/m3 as a quarterly average) remains in effect until one year after an area is designated for the 2008 standard, except that in areas designated non-attainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved.

12. In 1989, the California Air Resources Board converted both the general statewide 10-mile visibility standard and the Lake Tahoe 30-mile visibility standard to instrumental equivalents, which are "extinction of 0.23 per kilometer" and "extinction of

0.07 per kilometer" for the statewide and Lake Tahoe Air Basin standards, respectively.

Air Quality Management Plans
The federal Clean Air Act requires areas with unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, nitrogen dioxide, and sulfur dioxide to develop plans, known as State Implementation Plans. State Implementation Plans are comprehensive plans that describe how an area will attain national ambient air quality standards. State Implementation Plans are a compilation of new and previously submitted plans, programs (such as monitoring, modeling, permitting, etc.), district rules, state regulations, and federal controls. California grants air districts explicit statutory authority to adopt indirect source regulations and transportation control measures, including measures to encourage the use of ridesharing, flexible work hours, or other measures that reduce the number or length of vehicle trips. Local air districts prepare State Implementation Plan elements and submit them to the CARB for review and approval. CARB forwards State Implementation Plan revisions to the EPA for approval and publication in the Federal Register.

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California Air Toxics Program
California has a comprehensive and effective Air Toxics Program. Several pieces of legislation form the basis for the CARB to identify and control air toxics from a multitude of sources, inform the public of significant toxic exposures and provide ways to reduce risks from these exposures.

The Toxic Air Contaminant Identification and Control Act of 1983 or Assembly Bill (“AB”) 1807 established the California Air Toxics Program that was designed to reduce exposure to air toxics. The program involves a two-step process: risk identification and risk management.

In the risk identification step, upon CARB's request, the Office of Environmental Health Hazard Assessment evaluates the health effects of substances other than pesticides and their pesticidal uses. Substances with the potential to be emitted or are currently being emitted into the ambient air may be identified as a TAC. Once a substance is identified as a TAC, and with the participation of local air districts, industry, and interested public, CARB prepares a report that outlines the need and degree to regulate the TAC through a control measure (California Air Resources Board 2021a).

The Air Toxics Hot Spots Information and Assessment Act or AB 2588 was enacted in 1987, and requires stationary sources to report the types and quantities of certain substances their facilities routinely release into the air. The goals of AB 2588 are to collect emission data, to identify facilities having localized impacts, to ascertain health risks, to notify nearby residents of significant risks, and to reduce those significant risks to acceptable levels (California Air Resources Board 2021b).

California Ambient Air Quality Standards
The California Ambient Air Quality Standards were established in 1959 by the California Department of Public Health to set air quality standards and controls for vehicle emissions.

The California Ambient Air Quality Standards are often stricter than the National Ambient Air Quality Standards (refer to Table 6-3, National and California Ambient Air Quality Standards). When state thresholds are exceeded at regional monitoring stations, an “attainment plan” must be prepared that outlines how an air quality district will achieve compliance with the state standards.

Truck and Bus Regulation
As heavy-duty on-road vehicles are a significant source of TACs, the Truck and Bus Regulation is one of the most far-reaching and important tools to reduce smog-forming and toxic emissions and protect public health in disadvantaged communities. The Truck and Bus Regulation requires all trucks and buses, by January 1, 2023, to have 2010 or newer model year engines to reduce DPM and NOX emissions (California Air Resources Board 2021a). To help ensure that the benefits of this regulation are achieved, starting January 1, 2020, only vehicles compliant with this regulation will be registered by the California Department of Motor Vehicles.

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California Supreme Court Decision Affecting Air Quality Analysis in CEQA Documents
The Friant Ranch Case
On December 24, 2018, the California Supreme Court released a decision on Sierra Club v.

County of Fresno (Friant Ranch, L.P.) (2018) (“Friant Ranch Case”). The Friant Ranch project consists of a 942-acre master-planned, mixed-use development with over 2,500 senior residential units, 250,000 square feet of commercial space, and extensive open space/ recreational amenities on former agricultural land in north central Fresno County.

In 2011, litigation was filed by the Sierra Club and other groups challenging the adequacy of Fresno County’s EIR for failing to comply with CEQA. The Superior Court upheld all aspects of the EIR, but an appeal then followed, ultimately reversing the decision.

The Supreme Court ruled that the EIR's air quality analysis failed to adequately disclose the nature and magnitude of significant, long-term air quality impacts from emissions of ozone precursors “in sufficient detail to enable those who did not participate in its preparation to understand and consider meaningfully the issues the proposed project raises.” The Court noted that the air quality analysis did not provide a discussion of the foreseeable effects of project-generated emissions on the likelihood of exceeding the National Ambient Air Quality Standards and California Ambient Air Quality Standards, nor did it draw a connection between the project emissions and adverse health consequences or explain why it was not “scientifically possible” to define such a connection. The Court concluded that “because the EIR as written makes it impossible for the public to translate the bare numbers provided into adverse health impacts or to understand why such translation is not possible at this time,” the EIR’s discussion of air quality impacts was inadequate to inform the public.

Regional/Local
Bay Area Air Quality Management District
The Bay Area Air Quality Management District (“air district”) is the agency with primary responsibility for assuring that federal and state ambient air quality standards are attained and maintained in the air basin. The air district is charged with regulatory authority over stationary sources of air emissions, monitoring air quality within the air basin, and preparing an air quality management plan to maintain or improve air quality in the air basin. The air district also requires construction health risk assessments, where construction would occur within 1,000 feet of sensitive receptors. The air district has published comprehensive guidance on evaluating, determining significance of, and mitigating air quality impacts of projects and plans. The guidance is contained in the 2017 CEQA Air Quality Guidelines (“2017 CEQA Guidelines”).

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Air Basin Attainment Status
In accordance with the Clean Air Act, CARB is required to designate regions of the state as attainment, non-attainment, or unclassified with regard to that region’s compliance with criteria air pollutants standards. An “attainment” designation for a region signifies that pollutant concentrations do not violate the standard for that pollutant in that region. A “nonattainment” designation indicates that a pollutant concentration violated the standard at least once. An “unclassified” designation signifies that available data does not support either an attainment or non-attainment status. The air basin is currently designated as a nonattainment area for state and national ozone standards, for state and national PM2.5 standards, and state PM10 standards. With respect to national PM10 standards, the air basin is unclassified. Table 6-4, San Francisco Bay Area Air Basin Attainment Status Designations, identifies the current status within the air basin for each criteria pollutant.

Table 6-4 San Francisco Bay Area Air Basin Attainment Status Designations Pollutant State Standards National Standards
O3 Non-attainment Non-attainment
PM10 Non-attainment Unclassified
PM2.5 Non-attainment Non-attainment
CO Attainment Attainment
NO2 Attainment Unclassified/Attainment
SO2 Attainment Unclassified/Attainment
Pb - Attainment
SOURCE: Bay Area Air Quality Management District 2017a
The air district has responsibility at the local level to implement both federal and state mandates for improving air quality in the air basin through an air quality plan. When thresholds are exceeded at regional monitoring stations on consecutive accounts, an attainment plan must be prepared that outlines how the air district will achieve compliance.

Generally, these plans must provide for district-wide emission reductions of five percent per year averaged over consecutive three-year periods. The air district periodically prepares and updates plans in order to attain state and national air quality standards, comply with quality planning requirements, and achieve the goal of clean and healthful air. These plans also report on progress in improving air quality and provide a road map to guide the air district’s future activities.
2017 Clean Air Plan
The air district has adopted several plans in an attempt to achieve state and federal air quality standards. Because the air basin has been designated as a non-attainment area for the national ozone standard since 1998, the air district has prepared ozone attainment plans in

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1999, 2001, 2005, and 2010. The 2017 Clean Air Plan: Spare the Air, Cool the Climate (“2017 Clean Air Plan”) updates the air district’s most recent state ozone plan, the 2010 Clean Air Plan, pursuant to the requirements of the California Health and Safety Code. The 2017 Clean Air Plan defines an integrated, multi-pollutant control strategy to reduce emissions of particulate matter, TACs, ozone precursors and greenhouse gases. The 2017 Clean Air Plan includes a variety of control measures, many of which relate to industrial uses or are for regional implementation; some of the control measures relate to residential or commercial development. Refer to Volume 2 of the 2017 Clean Air Plan for full descriptions of the control measures (Bay Area Air Quality Management District 2017a).

6.3 THRESHOLDS OF SIGNIFICANCE
CEQA Guidelines Appendix G is a sample initial study checklist that includes a number of factual inquiries related to the subject of air quality, as it does on a whole series of additional environmental topics. Lead agencies are under no obligation to use these inquiries in fashioning thresholds of significance on the subject of air quality impacts, or on any subject addressed in the checklist. Rather, with few exceptions, CEQA grants agencies discretion to develop their own thresholds of significance. Even so, it is a common practice for lead agencies to take the language from the inquiries presented in Appendix G and to use that language in fashioning thresholds. The Town has done so here.

For the purposes of this EIR, a significant impact related to air quality would occur if implementation of the proposed project would:
 Conflict with or obstruct implementation of the applicable air quality plan;  Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard;
 Expose sensitive receptors to substantial pollutant concentrations; and  Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.

Air District Significance Threshold Criteria
2017 Clean Air Plan Consistency
The 2017 CEQA Guidelines specify 2017 Clean Air Plan consistency methods for plan-level evaluation only. Guidance for project-level analysis focuses on attainment of criteria air pollutant emissions thresholds and health risk standards. The proposed project could be considered to be consistent with the 2017 Clean Air Plan if emissions are within the projectlevel thresholds presented below.

ITEM NO. 8.
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Criteria Air Pollutant Thresholds
The air district’s thresholds of significance for criteria air pollutant emissions generated during construction and operation are presented in Table 6-5, Thresholds of Significance for Criteria Air Pollutants and Precursors.

Table 6-5 Thresholds of Significance for Criteria Air Pollutants and Precursors Criteria Air
Pollutants and
Precursors
Construction Thresholds1 Operational Thresholds
Average Daily Emissions
(lb/day)
Average Daily
Emissions (lb/day)
Annual Emissions
(tons/year)
ROG 54 54 10
NOX 54 54 10
PM10 82 (exhaust) 82 15
PM2.5 54 (exhaust) 54 10
SOURCE: Bay Area Air Quality Management District 2017a
NOTES:
1 The air district’s numeric thresholds for particulate matter emissions from project construction apply to exhaust emissions only. The air district recommends implementation of best management practices to reduce fugitive dust emissions.

Carbon Monoxide Thresholds
The quantitative thresholds for localized carbon monoxide are presented below:
 1-Hour CAAQS Averaging Time: concentration of 20.0 ppm; and  8-Hour CAAQS Averaging Time: concentration of 9.0 ppm.

According to the air district’s 2017 CEQA Guidelines, a proposed project would result in less-than-significant impacts to localized carbon monoxide concentrations if all of the following screening criteria are met:
 The project is consistent with an applicable congestion management program (CMP) established by the county congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans;
 The project traffic would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour; and
 The project traffic would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, below-grade roadway).

ITEM NO. 8.

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Community Risk and Hazard Thresholds
The community risk and hazard thresholds for new source toxic air contaminants and receptors within the 1,000-foot radius are presented below:
 Compliance with a qualified community risk reduction plan; or  Increased cancer risk of greater than 10.0 in a million, increased non-cancer risk of greater than 1.0 hazard index (chronic or acute); or ambient PM2.5 increase greater than 0.3 µg/m3 annual average.

Odor Thresholds
The thresholds of significance for odor impacts are qualitative in nature. According to the air district’s 2017 CEQA Guidelines, the threshold of significance for odor sources is five confirmed complaints per year averaged over three years.

6.4 ANALYSIS, IMPACTS, AND MITIGATION MEASURES
This evaluation is based the air quality impact analysis guidance from the air district in the California Environmental Quality Act Air Quality Guidelines (Bay Area Air Quality Management District 2017a).

Conflict with Clean Air Plan
During its construction and operation, the proposed project would generate criteria air pollutant emissions that do not exceed the air district thresholds for criteria pollutants (see the discussion in impact 6-2 below). Further, the proposed project’s construction-related impacts on the health of nearby sensitive receptors would be less than significant with implementation of mitigation measures 6-5a and 6-5b (see the discussion in impact 6-5 below).

Conclusion
Since the project’s emissions would be reduced to below the air district’s thresholds, the proposed project would not conflict with or obstruct the implementation of the 2017 Clean Air Plan.

IMPACT
6-1 Proposed Project does not Conflict with the Clean Air Plan No Impact

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
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Criteria Air Pollutant Emissions During Construction
Construction emissions include mobile source exhaust emissions, emissions generated during the application of asphalt paving material and architectural coatings, as well as emissions of fugitive dust during demolition and grading. The criteria air pollutants generated during construction of the proposed project were estimated using the California Emissions Estimator Model (CalEEMod) version 2016.3.2. According to the model results, the proposed project would not generate criteria pollutants emissions volumes that exceed the air district standards listed in Table 6-5. Table 6-6, Construction Criteria Air Pollutant Emissions, summarizes the unmitigated criteria air pollutant emissions resulting from project construction and compares them against the air district thresholds). The CalEEMod results and an assessment describing the CalEEMod modeling assumptions and methodology, 110 Wood Road – Criteria Air Pollutant Emissions Modeling Assumptions and Methodology are included in Appendix D.

Table 6-6 Construction Criteria Air Pollutant Emissions Emissions ROG NOX PM10 PM2.5
Total Annual Emissions (tons/year)1 3.48 4.60 0.84 0.33 Average Daily Emissions (pounds/day)1,2 17.89 25.20 4.32 1.81 Air District Thresholds (pounds/day) 54 54 82 54
Exceeds Thresholds? No No No No
SOURCE: EMC Planning Group 2021
NOTES:

1. Results have been rounded, and may, therefore, vary slightly.

2. CalEEMod estimates construction criteria air pollutant emissions in tons per year. A U.S. ton is equal to 2,000 pounds. The emissions estimates in ton per year are multiped by 2,000 pounds to arrive at emissions in pounds per year. CalEEMod estimates a total of 389 construction days (see Section 3.0 of the CalEEMod results in Appendix D). Average daily emissions (in pounds per day) are computed by dividing the annual construction emissions (in pounds per year) by the number of construction days.

Conclusion
As summarized in Table 6-6, construction of the proposed project would not result in criteria air emissions that exceed the air district thresholds. Emissions generated during construction would result in a less-than-significant air quality impact; the contribution of the project’s construction criteria pollutant emissions to regional air quality conditions is less than cumulatively considerable.

IMPACT
6-2
Criteria Air Pollutant Emissions During Project Construction Would Degrade Air Quality, but Would not Exceed the Air District Thresholds
Less Than Significant

ITEM NO. 8.

6.0 Air Quality
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Criteria Air Pollutant Emissions During Operations
The project site is currently developed with a 205-unit senior living community that includes independent residential apartments and supporting health care units. The proposed project would replace the existing facility with a 191-unit facility and underground parking garage.

Project operations would generate mobile, area, and energy source criteria air pollutant emissions. Existing and proposed operational emissions were modeled using CalEEMod and are reported in tons per day (refer to Appendix D).

Existing and proposed operational criteria pollutant emissions are compared in Table 6-7, Operational Criteria Pollutant Emissions.

Table 6-7 Operational Criteria Pollutant Emissions
Source ROG1,2 NOx1,2 CO1,2,3 CO1,2,3 PM101,2 PM2.51,2
Existing 1.75 1.95 6.614 1.635 0.56 0.26
Proposed5 2.14 0.51 0.94 0.94 0.39 0.12
Change +0.39 -1.44 -5.67 0.69 -0.17 -0.14
SOURCE: EMC Planning Group 2020; 2021
NOTES:

1. Results have been rounded, and may, therefore, vary slightly.

2. All values are reported in tons per day.

3. Mobile-source CO emissions, Baseline, Year 2005.

4. Mobile-source CO emissions, Year 2019.

5. Mitigated operational emissions.

With the exception of ROG emissions, the proposed project would generate fewer operational criteria pollutant emissions than the existing facility. The proposed project would increase ROG emissions by about 2.14 pounds per day [(0.39 x 2000)/365]; however, the increased emissions are far below the air district threshold.

Conclusion
The proposed project’s operational ROG emissions would not exceed air district thresholds and would be less than significant. All other project operational criteria pollutant emissions would be reduced from baseline conditions, which is a beneficial impact.

IMPACT
6-3
Criteria Air Pollutant Emissions During Project Operations Would Degrade Air Quality, but Would not Exceed the Air District Thresholds
Less Than Significant

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
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Exposure of Sensitive Receptors to Carbon Monoxide
According to the traffic report, the proposed project would increase vehicle trips from baseline conditions by 10 average daily trips (Kimley-Horn 2020); however, as vehicles become more fuel efficient, most carbon-based mobile-source emissions decrease. To demonstrate this point, mobile-source CO emissions based on the facility’s last year of operations (2019) were estimated in addition to modeling 2005 baseline emissions. The CalEEMod results for 2019 mobile-source emissions are included in Appendix D.

Despite an increase in vehicle trips from either baseline conditions or 2019 conditions to proposed conditions, the emissions modeling results for mobile source CO emissions under each scenario (Table 6-7) show that the proposed project would generate fewer mobilesource CO emissions than the baseline (2005) facility by approximately 5.67 tons per year (31 pounds per day), and from 2019 conditions by 0.69 tons per year (3.78 pounds per day).

Therefore, this is a beneficial impact.

Community/Sensitive Receptor Exposure to Toxic Air
Contaminants
A community health risk assessment (HRA) was prepared to evaluate substantial sources of TACs that could affect sensitive receptors located within 1,000 feet of the project’s construction boundary. The potential health risk impacts to nearby sensitive receptors from exposure to emissions generated by project demolition and construction activity were evaluated individually and in combination with exposures to existing TACs generated by vehicles traveling on State Route 17, a high-volume roadway. The impact analysis is based on guidance provided by the air district and OEHHA.

Construction emissions volumes were modeled using CalEEMod; downwind concentrations of DPM were calculated using AERMOD, and the location of the Maximally Exposed Individual (MEI) was also determined. The MEI is the individual who would be exposed to the highest concentration of construction emissions. The MEI is located at a single-family home west of the project site. The MEI and other sensitive receptors located within a 1,000- foot radius of proposed construction activity, are shown in Figure 2-1 of the HRA. The HRA is included as Appendix E.

IMPACT
6-4
Vehicle Trips Associated with the Project Would not Expose Sensitive Receptors to Increased Levels of Carbon Monoxide Beneficial IMPACT
6-5
Construction Activity Would Expose Sensitive Receptors to Toxic Air Contaminants
Less Than Significant
with Mitigation

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Cancer Risks
The HRA concluded that the maximum increased lifetime adult residential cancer risk and DPM hazard index derived from unmitigated construction emissions would not exceed the air district thresholds and are less than significant. However, the infant/child cancer risk at the MEI is during building construction (estimated year 2024) is 36.48 cases per million (HRA Table 4-1 A), which exceeds the air district significance threshold of 10 cases per million and is a significant impact. Mitigation is necessary to reduce DPM emissions by 78 percent to achieve the necessary infant/child cancer risk reduction. Modeling results demonstrate that emissions volumes can be reduced to meet the air district cancer risk threshold by the use of Tier III engines on heavier construction equipment (HRA Table 4-2). Adherence to the air district’s best management practices for the control of equipment exhaust PM10, such as limiting engine idling and reducing speeds on unpaved roads, would also reduce DPM emissions. Other options for reducing DPM emissions include the use of alternative fuels and electrifying construction equipment.

PM2.5 Concentrations
The HRA determined that the maximum annual PM2.5 concentration at the MEI would be

0.50 μg/m3 (HRA Table 4-4) which exceeds the air district significance threshold of 0.30 μg/m3, even with the use of Tier III engines on heavy equipment. This is a significant impact and mitigation is necessary to further reduce PM2.5 concentrations during excavation and grading activities to meet the threshold. Additional measures to reduce PM2.5 emissions include, but would not be limited to, increasing the frequency of watering unpaved roads and excavated soils, reducing travel speeds on unpaved surfaces, limiting construction activities to low wind or non-windy days, and installing low-porosity windscreens downwind of construction activities.

Conclusion
Sensitive receptors within 1,000 feet of construction activities would be exposed to construction TAC emissions volumes that exceed the air district significance thresholds for infant/child cancer risks and PM2.5 concentrations. These are significant impacts.

Implementation of the following Mitigation Measures would reduce the impacts to a lessthan-significant level.

Mitigation Measures
6-5a During construction, the project contractor shall implement the following measures to reduce emissions of fugitive dust and engine exhaust DPM, subject to review and approval by the Community Development Director. These measures shall be included in the project plans, prior to issuance of a demolition permit:

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a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three (3) times per day and at a frequency adequate to maintain minimum soil moisture of 12 percent.

Moisture content can be verified by lab samples or moisture probe; b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
c. Avoid tracking visible soil material on to public roadways by employing the following measures if necessary: (1) Site accesses to a distance of 100 feet from public paved roads shall be treated with a 6 to 12-inch compacted layer of wood chips, mulch, or gravel and (2) washing truck tires and construction equipment prior to leaving the site;
d. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited;
e. All vehicle speeds on unpaved roads shall be limited to five (5) mph; f. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
g. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
h. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation;
i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph and visible dust extends beyond site boundaries;
j. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction adjacent to sensitive receptors. Wind breaks should have no greater than 50 percent air porosity;

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k. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established;
l. The simultaneous occurrence of excavation, grading, and ground-disturbing construction activities on the same area at any one time shall be limited.

Activities shall be phased to reduce the amount of disturbed surfaces at any one time; and
m. Post a publicly visible sign with the telephone number and person to contact at the Town of Los Gatos regarding dust complaints. This person shall respond and take corrective action within 48 hours. The air district’s phone number shall also be visible to ensure compliance with applicable regulations. 6-5b Prior to the issuance of the demolition permit, the project developer shall prepare, and the project contractor shall implement, a demolition and construction emissions avoidance and reduction plan demonstrating a 78 percent reduction of DPM emissions and a 60 percent reduction of PM2.5 exposures at the MEI to meet the air district’s risk thresholds.

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

ITEM NO. 8.
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d. Other demonstrable measures identified by the developer that reduce emissions and avoid or minimize exposures to the affected sensitive receptors.

Implementation of these mitigation measures would reduce significant impacts associated with exposure of sensitive receptors to TACs during construction by requiring that the project contractor implement dust and exhaust emissions reductions measures to reduce cancer risks through a 78 percent reduction in DPM emissions and implement a plan to reduce construction particulate matter emissions by 60 percent, subject to review and approval of the Town of Los Gatos Community Development Director.

Odor Generation
Odors are generally regarded as an annoyance rather than a health hazard. Manifestations of a person’s reaction to odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache).

Odor impacts could result from siting a new odor source near existing sensitive receptors or siting a new sensitive receptor near an existing odor source. Examples of land uses that have the potential to generate considerable odors include, but are not limited to: wastewater treatment plants, landfills, confined animal facilities, composting stations, food manufacturing plants, refineries, and chemical plants. The proposed project is not an industrial use that would generate substantial odors and is not located in proximity to industrial facilities that have the potential to expose receptors to substantial odors.

Construction of the project may generate nuisance diesel odors associated with operation of diesel construction equipment on-site (primarily during initial grading phases), but this effect would be localized, sporadic, and short-term in nature.

Conclusion
The proposed project is a senior living community that does not site a new odor source. The proposed project is not located within the screening distances from existing odors sources identified in the air district’s 2017 CEQA Guidelines Table 3-3, Odor Screening Distances.

Therefore, no odor impacts would occur during project operations. Short term construction activities have the potential to generate temporary odors that could generate nuisance complaints. Odors produced during construction would not be permanent. Therefore, the proposed project would not result in significant odor impacts.

IMPACT
6-6
Construction of the Proposed Project Would Generate Odors that Could Affect Sensitive Receptors Less Than Significant

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7.0 Biological Resources
This section addresses existing biological resources on the project site; the federal, state, and regional/local regulatory framework pertaining to biological resources; and anticipated impacts to biological resources as a result of the proposed project. This evaluation is based on a reconnaissance field survey conducted by an EMC Planning Group biologist; a review of existing scientific literature, aerial photographs, technical background information, and policies applicable to projects located in the Town of Los Gatos and Santa Clara County.

Information in this section is derived from various sources including:
 Project applications and plans;
 Town of Los Gatos 2020 General Plan;
 Town of Los Gatos 2020 General Plan EIR;
 Town of Los Gatos Municipal Code;
 California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CDFW 2020);
 California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (CNPS 2020);
 U.S. Fish and Wildlife Service (USFWS) Endangered Species Program (USFWS 2020a) and National Wetlands Inventory (USFWS 2020b);
 Arborist Report, Los Gatos Meadows, Los Gatos, CA (HortScience | Bartlett Consulting 2018);
 Arborist’s Review, 110 Wood Road, Los Gatos, CA (Monarch Consulting Arborists 2020);
 Arborist Report Update, Los Gatos Meadows, Los Gatos, CA (HortScience | Bartlett Consulting 2020);
 Response to Los Gatos Meadows Arborist Peer Review Letter dated July 6, 2020 (Gates and Associates 2020); and
 Los Gatos Meadows Focused Survey Report (EMC Planning Group 2021).

ITEM NO. 8.

7.0 Biological Resources
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The arborist reports, arborist reports peer review, and the focused survey report are included in Appendix C. One comment on the NOP was received on March 4, 2021 from the CDFW.

Measures to address potential impacts to roosting bats and nesting birds were recommended, and are included in this EIR section, below.

7.1 ENVIRONMENTAL SETTING
EMC Planning Group biologist Patrick Furtado, MS, conducted a reconnaissance-level biological survey at the project site on September 4, 2020 to document existing plant communities and wildlife habitats, and to evaluate the potential for special-status biological resources to occur on the site. Qualitative observations of plant cover, structure, and species composition were used to determine plant communities and wildlife habitats. Habitat quality and disturbance levels were documented.

Mr. Furtado subsequently conducted a focused plant survey at the project site on April 22, 2021 for special-status plant species with the potential to occur on the site. This survey was conducted in accordance with California Department of Fish and Wildlife (CDFW) and California Native Plant Society (CNPS) rare plant survey protocols. The survey was conducted in the approximately 4.5 acres of mixed woodland found within the project impact boundary. All of the project impact area was systematically surveyed and plant species observed were recorded in field notes.

Existing Conditions
The project site is located in the Town of Los Gatos, California, on an approximately

10.84-acre site near the intersection of Wood Road and South Santa Cruz Avenue. The site is situated on the Los Gatos U.S. Geological Survey (USGS) 7.5-minute quadrangle map, and ranges in elevation from roughly 434 to 682 feet. The site is within the San Francisco Bay Bioregion, which encompasses a diversity of plant communities from wet redwood forest to dry oak woodland and chaparral. The climate in the area is Mediterranean, with warm and dry summers, and winters tending to be cool and wet. Most of the annual rainfall occurs between the months of December and March. The soil type mapped across the project site is Katykat-Mouser-Sanikara complex (30 to 50 percent slopes), which consists of loam to sandy clay loam, with sandstone and mudstone parent materials (USDA NRCS 2020).

The site is currently developed with ten residential buildings, two cottages, several auxiliary buildings, parking garage, parking spaces, and a paved entry road. The proposed project includes the demolition of existing structures and the rebuilding of the facility on the same footprint with some modifications. Figure 7-1, Habitat Map, shows habitat mapped on the project site.

ITEM NO. 8.

Oak Woodland
Oak Woodland
Developed
Developed
Developed
Developed
Chaparral
Los Gatos Creek
Broadway
S. Santa Cruz Ave.
17 Source: ESRI 2021, San ta Clara Coun ty 2020, Kimley Horn 2020 Figure 7-1
Habitat Map
110 Wood Road – Los Gatos Meadows Sen ior Livin g Commun ity Draft EIR 0 250 feet
Legend
Project Site - 10.9 ac
Defensible Fire Space - 7.1 ac
Cut and Fill Boundary - 6.4 ac
Tree Removal Boundary - 7.3 ac
Drainages
Developed - 4.7 ac
Chaparral - 0.5 ac
Mixed Woodland - 3.3 ac
Oak Woodland - 2.1 ac

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Developed
The proposed project will generally follow the existing footprint of the developed area. The vegetation within and around the buildings and infrastructure consists of nonnative horticultural plantings of oleander (Nerium oleander), pittosporum (Pittosporum spp., English ivy (Hedera helix), box (Buxus sempervirens), Japanese maple (Acer palmatum), Chinese elm (Ulmus parvifolia), Italian cypress (Cupressus sempervirens), cycad (Cycas spp.), blue gum (Eucalyptus globulus), and strawberry tree (Arbutus unedo). Native California bay (Umbellularia californica) and coast live oak (Quercus agrifolia) can also be found outside of the building areas. The combination of developed areas, ornamental species, and disturbance defines this area as low-quality mixed oak woodland.

Oak Woodland
The upslope (western) section of the parcel is undeveloped and consists primarily of native oak woodland with small, scattered patches of chaparral. The oak woodland is dominated by coast live oak and California bay. Other common species include valley oak (Quercus lobata), poison oak (Toxicodendron diversilobum), California coffee berry (Frangula californica), toyon (Heteromeles arbutifolia), California buckeye (Aesculus calfornica), and California blackberry (Rubus ursinus). The combination of species present and relatively low level of disturbance defines the area northeast part of the parcel as high-quality oak/bay woodland.

Bird species observed on the site include red-shouldered hawk (Buteo lineatus), dark-eyed junco (Junco hyemalis), California scrub jay (Aphelocoma californica), Steller’s jay (Cyanocitta stelleri), acorn woodpecker (Melanerpes formicivorus), chestnut-backed chickadee (Poecile rufescens), white-breasted nuthatch (Sitta carolinensis), and mourning dove (Zenaida macroura).

Bird species expected to utilize the habitat include wild turkey (Meleagris gallopavo), bushtit (Psaltriparus minimus), Anna’s hummingbird (Calypte anna), turkey vulture (Cathartes aura), and California quail (Callipepla californica).

Mammal species expected to utilize the habitat include California vole (Microtus californicus), Botta’s pocket gopher (Thomomys bottae), striped skunk (Mephitis mephitis), California ground squirrel (Spermophilus beecheyi), and raccoon (Procyon lotor). Reptile species expected to utilize the habitat include western fence lizard (Sceloporus occidentalis), California alligator lizard (Elgaria multicarinata multicarinata), Pacific ring-necked snake (Diadophis punctatus amabilis), coast garter snake (Thamnophis elegans terrestris), Pacific gopher snake (Pituophis catenifer catenifer), and northern Pacific rattlesnake (Crotalus oreganus oreganus).

Wetlands and Waterways
A drainage descends from the upslope oak woodland and flows towards the project site.

These drainages are likely ephemeral and only flow during rain events. They are not mapped on the USFWS National Wetlands Inventory Wetlands Mapper or on the USGS topographical map of the area.

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Water collecting within the drainage likely flows to existing storm drain lines that currently direct and store water within the development footprint, conveying storm water to the Wood Road storm water system. No wetland plant species were observed in the drainages during the reconnaissance-level biological survey of the project site, however runoff from elevations higher than the project may flow through the drainage and the site in the direction of Los Gatos Creek, just south of State Route 17.

Special-Status Species with Potential to Occur in Vicinity Special-status species are those listed as Endangered, Threatened, or Rare, or as Candidates for listing by the USFWS or CDFW under the state and/or federal Endangered Species Acts.

The special-status designation also includes CDFW Species of Special Concern and Fully Protected species, California Native Plant Society (CNPS) Rare Plant Rank 1B and 2B species, and other locally rare species that meet the criteria for listing as described in Section 15380 of CEQA Guidelines. Special-status species are generally rare, restricted in distribution, declining throughout their range, or have a critical, vulnerable stage in their life cycle that warrants monitoring.

A search of the CDFW California Natural Diversity Database (CDFW 2020) was conducted for the Cupertino, San Jose West, San Jose East, Castle Rock Ridge, Los Gatos, Santa Teresa Hills, Felton, Laurel, and Loma Prieta USGS quadrangles in order to evaluate potentially occurring special-status plant and wildlife species in the project vicinity. Figure 7-2, Special-Status Species, shows the locations of special-status species recorded in the project vicinity. Records of occurrence for special-status plants were reviewed for the same USGS quadrangles in the CNPS Inventory of Rare and Endangered Plants (CNPS 2020). A USFWS Endangered Species Program threatened and endangered species list was also generated for Santa Clara County (USFWS 2020a).

Table 7-1, Special-Status Plant Species with Potential to Occur in Vicinity, and Table 7-2, Special-Status Wildlife Species with Potential to Occur in Vicinity, show special-status species documented within the project vicinity, their listing status and suitable habitat description, and their potential to occur on the site.

Special-Status Plants
The upslope, undeveloped habitats of the parcel provide marginally suitable habitat for three special-status plant species. These habitats are upslope (west) of the construction footprint and are not expected to be disturbed. Database search results and the potential for specialstatus plants to occur on the project site and vicinity are presented in Table 7-1, SpecialStatus Plant Species with Potential to Occur in the Project Vicinity, and are discussed in the Impacts and Mitigation Measures section, below. These species include arcuate bush-mallow (Malacothamnus arcuatus), Loma Prieta hoita (Hoita strobilina), and woodland woollythreads (Monolopia gracilens).

ITEM NO. 8.

So urce: ESRI 2020, Califo rnia Natural Diversity Database 2020 Figure 7-2
Special-Status Species
0 0.7 Miles
LEGEND

1.5 Mile CNDDB Buffer
Species Name
American peregrine falcon
Loma Prieta hoita
bent-flowered fiddleneck
most beautiful jewelflower
Santa Cruz black salamander
western pond turtle
steelhead - central California woodland woollythreads
coast DPS
Project Site
Assortment 2: arcuate bushmallow, California giant
salamander, hairless
popcornflower, obscure bumble
bee, robust spineflower
Assortment 1: hoary bat, foothill
yellow-legged frog
110 Wo o d Ro ad – Lo s Gato s Meado ws Senio r Living Co mmunity Draft EIR Page 738 ITEM NO. 8.

7.0 Biological Resources
7-8 EMC Planning Group Inc.

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ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 7-9
Table 7-1 Special-Status Plant Species with Potential to Occur in the Project Vicinity Species Status
(Federal/State/
CNPS)
Suitable Habitat Description Potential to Occur on Project Site Anderson's manzanita
(Arctostaphylos andersonii)
--/--/1B.2 Broadleaved upland forest, chaparral, and North Coast coniferous forest.

Known only from the Santa Cruz Mountains. Prefers open sites in redwood forest; elevation 180-800m. Blooming Period: November – April.

Not expected. Species occurs at higher
elevations in Santa Cruz Mountains.

Arcuate bush-mallow
(Malacothamnus arcuatus)
--/--/1B.2 Chaparral, in gravelly alluvium; elevation 80-355m. Blooming Period:

April – September.

Not expected. Proposed project will not
encroach chaparral vegetation found along the
northwestern boundary.

Ben Lomond buckwheat
(Eriogonum nudum var. decurrens)
--/--/1B.1 Chaparral, cismontane woodland, lower montane coniferous forest, and ponderosa pine sand hills; elevation 50-800m. Blooming Period: June – October.

Not expected. No suitable habitat found on the
site.

Ben Lomond spineflower
(Chorizanthe pungens var. hartwegiana)
FE/--/1B.1 Lower montane coniferous forest; found on Ben Lomond sands and Zayante coarse sands in maritime ponderosa pine sand hills; elevation 120-470m. Blooming Period: April - July
Not expected. No suitable habitat found on the
site.

Bent-flowered fiddleneck
(Amsinckia lunaris)
--/--/1B.2 Coastal bluff scrub, cismontane woodland, and valley and foothill grassland, on decomposed shale soils; elevation 3-500m. Blooming Period: March – June.

Not expected. No suitable habitat found on the
site.

Big-scale balsamroot
(Balsamorhiza macrolepis)
--/--/1B.2 Valley and foothill grassland, and cismontane woodland; sometimes on serpentine; elevation 35-1000m. Blooming Period: March – June.

Not expected. No suitable habitat found on the
site.

Bonny Doon manzanita
(Arctostaphylos silvicola)
--/--/1B.2 Chaparral, closed-cone coniferous forest, and lower montane coniferous forest. Known only from inland marine Zayante sands in Santa Cruz County; elevation 120-390m. Blooming Period: February – March.

Not expected. No suitable habitat found on the
site.

Bristly sedge
(Carex comosa)
--/--/2B.1 Coastal prairie, marshes and swamps (lake margins), and valley and foothill grassland; elevation 0-625m. Blooming Period: May – September.

Not expected. No suitable habitat found on the
site.

Caper-fruited tropidocarpum
(Tropidocarpum capparideum)
--/--/1B.1 Valley and foothill grassland on alkaline clay; elevation 0-445m.

Blooming Period: March – April.

Not expected. No suitable habitat found on the
site.

Chaparral ragwort
(Senecio aphanactis)
--/--/2B.2 Cismontane woodland and coastal scrub. Prefers drying alkaline flats; elevation 20-575m. Blooming Period: January – April.

Not expected. No suitable habitat found on the
site.

Choris' popcorn-flower
(Plagiobothrys chorisianus var.
chorisianus)
--/--/1B.2 Chaparral, coastal scrub, coastal prairie, mesic sites; elevation 15-100m.

Blooming Period: March – June.

Not expected. No suitable habitat found on the
site.

Congdon’s tarplant
(Centromadia parryi spp. congdonii)
--/--/1B.1 Valley and foothill grassland (alkaline); elevation 1-230m. Known to occur on various substrates, and in disturbed and ruderal (weedy) areas.

Blooming Period: June – November.

Not expected. No suitable habitat found on the
site.

ITEM NO. 8.

7.0 Biological Resources
7-10 EMC Planning Group Inc.

Species Status
(Federal/State/
CNPS)
Suitable Habitat Description Potential to Occur on Project Site Contra Costa goldfields
(Lasthenia conjugens)
FE/--/1B.1 Wet areas in cismontane woodland, playas (alkaline), valley and foothill grassland, and vernal pools; elevation 0-470m. Blooming Period: March – June.

Not expected. No suitable habitat found on the
site.

Coyote ceanothus
(Ceanothus ferrisiae)
FE/--/1B.1 Serpentine sites in chaparral, coastal scrub, and valley and foothill grassland; elevation 120-460m. Blooming Period: January – May.

Not expected. No suitable habitat found on the
site.

Deceiving sedge
(Carex saliniformis)
--/--/1B.2 Wet areas in coastal prairie, coastal scrub, meadows and seeps, and coastal salt marshes and swamps; elevation 3-230m. Blooming Period:

June – July.

Not expected. No suitable habitat found on the
site.

Dudley's lousewort
(Pedicularis dudleyi)
--/SR/1B.2 Chaparral, North Coast coniferous forest, valley and foothill grassland.

Deep shady woods of older coast redwood forests, also in maritime chaparral; elevation 100-490m. Blooming Period: April – June.

Not expected. No suitable habitat found on the
site.

Dwarf soaproot
(Chlorogalum pomeridianum var. minus)
--/--/1B.2 Chaparral, serpentine; elevation 120-1220m. Blooming Period: May – August.

Not expected. No suitable habitat found on the
site.

Fragrant fritillary
(Fritillaria liliacea)
--/--/1B.2 Coastal scrub, valley and foothill grassland, and coastal prairie. Often on serpentine; various soils reported though usually clay in grassland; elevation 3-410m. Blooming Period: February – April.

Not expected. No suitable habitat found on the
site.

Hairless popcorn flower
(Plagiobothrys glaber)
--/--/1A Meadows and seeps (alkaline), marshes and swamps (coastal salt); elevation 15-180m. Blooming Period: March – May.

Not expected. No suitable habitat found on the
site. Possibly extirpated.

Hall's bush-mallow
(Malacothamnus hallii)
--/--/1B.2 Chaparral, some populations on serpentine; elevation 10-550m.

Blooming Period: May – September.

Not expected. No suitable habitat found on the
site.

Kellogg’s horkelia
(Horkelia cuneata ssp. sericea)
--/--/1B.1 Closed-cone coniferous forest, maritime chaparral, coastal scrub, sandy or gravelly openings; elevation 10-200m. Blooming Period: April – September.

Not expected. No suitable habitat found on the
site.

Loma Prieta hoita
(Hoita strobilina)
--/--/1B.1 Wet areas on serpentine substrate in chaparral, cismontane woodland, and riparian woodland; elevation 30-860m. Blooming Period: April – September.

Not expected. Species not found during
focused surveys conducted during the
blooming period.

Marsh microseris
(Microseris paludosa)
--/--/1B.2 Closed-cone coniferous forest, cismontane woodland, coastal scrub, valley and foothill grassland; elevation 5-300m. Blooming Period: April – June.

Not expected. No suitable habitat found on the
site.

Marsh sandwort
(Arenaria paludicola)
FE/SE/1B.1 Sandy openings in freshwater or brackish marshes and swamps; elevation 3-170m. Blooming Period: May – August.

Not expected. No suitable habitat found on the
site.

Metcalf Canyon jewel-flower
(Streptanthus albidus ssp. albidus)
FE/--/1B.1 Valley and foothill grassland. Endemic to Santa Clara County. Relatively open areas in dry grassy meadows on serpentine soils/serpentine balds; elevation 45-245m. Blooming Period: April – July.

Not expected. No suitable habitat found on the
site.

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 7-11
Species Status
(Federal/State/
CNPS)
Suitable Habitat Description Potential to Occur on Project Site Minute pocket moss
(Fissidens pauperculus)
--/--/1B.2 North coast coniferous forest. Moss growing on damp soil along the coast; elevation 10-100m. Evergreen.

Not expected. No suitable habitat found on the
site.

Monterey spineflower
(Chorizanthe pungens var. pungens)
FT/--/1B.2 Sandy openings in maritime chaparral, cismontane woodland, coastal dunes, coastal scrub, and valley and foothill grassland; elevation 3- 450m. Blooming Period: April – June.

Not expected. No suitable habitat found on the
site.

Most beautiful jewel-flower
(Streptanthus albidus ssp. peramoenus)
--/--/1B.2 Chaparral, valley and foothill grassland, and cismontane woodland; serpentine outcrops, on ridges and slopes; elevation 120-730m.

Blooming Period: April – June.

Not expected. No suitable habitat found on the
site.

Mt. Hamilton fountain thistle
(Cirsium fontinale var. campylon)
--/--/1B.2 Serpentine seeps in chaparral, cismontane woodland, and valley and foothill grassland; elevation 100-890m. Blooming Period: February – October.

Not expected. No suitable habitat found on the
site.

Northern curly-leaved monardella
(Monardella sinuata ssp. nigrescens)
--/--/1B.2 Sandy sites in chaparral, coastal dunes, coastal scrub, and lower montane coniferous forest (ponderosa pine sandhills); elevation 0-300m.

Blooming Period: April – September.

Not expected. No suitable habitat found on the
site.

Pacific Grove clover
(Trifolium polyodon)
--/SR/1B.1 Closed-cone coniferous forest, coastal prairie, meadows and seeps, valley and foothill grassland, mesic; elevation 5-120m. Blooming Period:

April – June.

Not expected. No suitable habitat found on the
site.

Point Reyes horkelia
(Horkelia marinensis)
--/--/1B.2 Sandy sites in coastal dunes, coastal prairie, and coastal scrub; elevation 5-755m. Blooming Period: May – September.

Not expected. No suitable habitat found on the
site.

Robust spineflower
(Chorizanthe robusta var. robusta)
FE/--/1B.1 Sandy or gravelly openings in cismontane woodland, coastal dunes, and coastal scrub; prefers sandy terraces and bluffs or loose sand; elevation 3-300m. Blooming Period: April – July.

Not expected. No suitable habitat found on the
site. Possibly extirpated locally.

Rock sanicle
(Sanicula saxatilis)
--/SR/1B.2 Rocky sites in broadleaved upland forest, chaparral, and valley and foothill grassland; prefers bedrock outcrops and talus slopes; elevation 620-1175m. Blooming Period: April – May.

Not expected. No suitable habitat found on the
site.

Saline clover
(Trifolium hydrophilum)
--/--/1B.2 Marshes and swamps, valley and foothill grassland, and vernal pools.

Prefers wet, alkaline sites; elevation 0-300m. Blooming Period: April – June.

Not expected. No suitable habitat found on the
site.

San Francisco campion
(Silene verecunda ssp. verecunda)
--/--/1B.2 Coastal scrub, valley and foothill grassland, coastal bluff scrub, chaparral, and coastal prairie on mudstone/shale and serpentine substrates; elevation 30-645m. Blooming Period: March – August.

Not expected. No suitable habitat found on the
site.

San Francisco collinsia
(Collinsia multicolor)
--/--/1B.2 Serpentine sites in closed cone coniferous forest and coastal scrub.

Prefers decomposed shale (mudstone) mixed with humus; elevation 30- 250m. Blooming Period: March – May.

Not expected. No suitable habitat found on the
site.

San Francisco popcornflower
(Plagiobothrys diffusus)
--/SE/1B.1 Valley and foothill grassland, and coastal prairie. Historically from grassy slopes with marine influence; elevation 60-485m. Blooming Period:

March – June.

Not expected. No suitable habitat found on the
site.

ITEM NO. 8.

7.0 Biological Resources
7-12 EMC Planning Group Inc.

Species Status
(Federal/State/
CNPS)
Suitable Habitat Description Potential to Occur on Project Site Santa Clara Valley dudleya
(Dudleya abramsii ssp. setchellii)
FE/--/1B.1 Valley and foothill grassland, and cismontane woodland. Endemic to serpentine outcrops and on rocks within grassland or woodland in Santa Clara County; elevation 80-335m. Blooming Period: April – June.

Not expected. No suitable habitat found on the
site.

Santa Cruz clover
(Trifolium buckwestiorum)
--/--/1B.1 Broadleaved upland forest, cismontane woodland, and coastal prairie; prefers moist grassland and gravelly margins; elevation 105-610m.

Blooming Period: April – October.

Not expected. No suitable habitat found on the
site.

Santa Cruz cypress
(Hesperocyparis abramsiana var.
abramsiana)
FE/SE/1B.2 Closed-cone coniferous forest and lower montane coniferous forest in the Santa Cruz Mountains on sandstone and granitic derived soils; elevation 300-800m. Evergreen
Not expected. No suitable habitat found on the
site.

Santa Cruz microseris
(Stebbinsoseris decipiens)
--/--/1B Broadleaved upland forest, closed-cone coniferous forest, chaparral, coastal prairie, coastal scrub, valley and foothill grassland, open areas, sometimes serpentine; elevation 10-500m. Blooming Period: April - May Not expected. No suitable habitat found on the
site.

Santa Cruz Mountains beardtongue
(Penstemon rattanii var. kleei)
--/--/1B.2 Chaparral and lower montane coniferous forest. Sandy shale slopes in transition zone between forest and chaparral; elevation 400-1100m.

Blooming Period: May – June.

Not expected. No suitable habitat found on the
site.

Santa Cruz Mountains pussypaws
(Calyptridium parryi var. hesseae)
--/--/1B.1 Sandy or gravelly openings in chaparral and cismontane woodland; elevation 305-1530m. Blooming Period: May – August.

Not expected. No suitable habitat found on the
site.

Santa Cruz tarplant
(Holocarpha macradenia)
FT/SE/1B.1 Coastal prairie, coastal scrub, and valley and foothill grassland; often on clay or sandy soils; elevation 10-220m. Blooming Period: June – October.

Not expected. No suitable habitat found on the
site.

Santa Cruz wallflower
(Erysimum teretifolium)
FE/SE/1B.1 Lower montane coniferous forest and chaparral. Pine Parkland Area, on inland marine sands (Zayante coarse sand); elevation 120-610m.

Blooming Period: March – July.

Not expected. No suitable habitat found on the
site.

Scotts Valley polygonum
(Polygonum hickmanii)
FE/SE/1B.1 Valley and foothill grassland. Purisima sandstone or mudstone with a thin soil layer, vernally moist due to runoff; elevation 210-250m.

Blooming Period: May – October.

Not expected. No suitable habitat found on the
site.

Scotts Valley spineflower
(Chorizanthe robusta var. hartwegii)
FE/--/1B.1 Meadows, and valley and foothill grassland. In grasslands with mudstone and sandstone outcrops; elevation 230-245m. Blooming Period: April – July.

Not expected. No suitable habitat found on the
site.

Slender silver-moss
(Anomobryum julaceum)
--/--/2B.2 Broadleaved upland forest, lower montane coniferous forest, North Coast coniferous forest, damp rocks and soil, usually seen on road cuts; elevation 100-1000m. Evergreen.

Not expected. No suitable habitat found on the
site.

Smooth lessingia
(Lessingia micradenia var. glabrata)
--/--/1B.2 Chaparral; endemic to Santa Clara County. Serpentine, often on roadsides; elevation 120-485m. Blooming Period: July – November.

Not expected. No suitable habitat found on the
site.

Swamp harebell
(Campanula californica)
--/--/1B.2 Mesic sites in bogs and fens, closed-cone coniferous forest, coastal prairie, meadows and seeps, freshwater marshes and swamps, and Not expected. No suitable habitat found on the
site.

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 7-13
Species Status
(Federal/State/
CNPS)
Suitable Habitat Description Potential to Occur on Project Site North Coast coniferous forest; elevation 1-405m. Blooming Period: June – October.

Tear drop moss
(Dacryophyllum falcifolium)
--/--/1B.3 Carbonate substrates in North Coast coniferous forest; elevation 50- 275m. Evergreen.

Not expected. No suitable habitat found on the
site.

Western leatherwood
(Dirca occidentalis)
--/--/1B.2 Broadleaf upland forest, chaparral, closed cone coniferous forest, cismontane woodland, North Coast coniferous forest, riparian forest, and riparian woodland. Found on brushy slopes, in mesic sites, mostly in mixed evergreen and foothill woodland communities; elevation 30-550m.

Blooming Period: January – April.

Not expected. No suitable habitat found on the
site.

White-flowered rein orchid
(Piperia candida)
--/--/1B.2 Broadleaf upland forest, lower montane coniferous forest, and North Coast coniferous forest; sometimes serpentine; elevation 30-1310m.

Blooming Period: May – September.

Not expected. No suitable habitat found on the
site.

White-rayed pentachaeta
(Pentachaeta bellidiflora)
FE/SE/1B.1 Valley and foothill grassland. Open dry, rocky slopes and grassy areas, often on soils derived from serpentine bedrock; elevation 35-620m.

Blooming Period: March – May.

Not expected. No suitable habitat found on the
site.

Woodland woollythreads
(Monolopia gracilens)
--/--/1B.2 Serpentine, open sites in broadleaved upland forest, chaparral, cismontane woodland, North Coast coniferous forest, and valley and foothill grassland; elevation 100-1200m. Blooming Period: March – July.

Not expected. Species not found during
focused surveys conducted during the
blooming period.

SOURCE: CDFW 2020, CNPS 2020
NOTE: Status Codes:

Federal (USFWS)
FE: Listed as Endangered under the Federal Endangered Species Act.

FT: Listed as Threatened under the Federal Endangered Species Act.

FC: A Candidate for listing as Threatened or Endangered under the Federal Endangered Species Act.

FSC: Species of Special Concern.

FD: Delisted under the Federal Endangered Species Act.

State (CDFW)
SE: Listed as Endangered under the California Endangered Species Act.

ST: Listed as Threatened under the California Endangered Species Act.

SR: Listed as Rare under the California Endangered Species Act.

SC: A Candidate for listing as Threatened or Endangered under the California Endangered Species Act.

SSC: Species of Special Concern.

SFP: Fully Protected species under the California Fish and Game Code.

ITEM NO. 8.

7.0 Biological Resources
7-14 EMC Planning Group Inc.

SD: Delisted under the California Endangered Species Act.

CNPS Rare Plant Ranks and Threat Code Extensions
1B: Plants that are considered Rare, Threatened, or Endangered in California and elsewhere. 2B: Plants that are considered Rare, Threatened, or Endangered in California, but more common elsewhere. .1: Seriously endangered in California (over 80% of occurrences threatened/high degree and immediacy of threat). .2: Fairly endangered in California (20-80% occurrences threatened). .3: Not very endangered in California (<20% of occurrences threatened or no current threats known).

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 7-15
Table 7-2 Special-Status Wildlife Species with Potential to Occur in the Project Vicinity Species Status
(Federal/State)
Suitable Habitat Description Potential to Occur on Project Site American badger
(Taxidea taxus)
--/SSC Most abundant in drier, open stages of most shrub, forest, and herbaceous habitats. Need sufficient food and open, uncultivated ground with friable soils to dig burrows. Prey on burrowing rodents.

Not expected. No suitable habitat found on
site.

American peregrine falcon
(Falco peregrinus anatum)
FD/SD,SFP Occurs near wetlands, lakes, rivers, or other waters on cliffs, banks, dunes, mounds, and human-made structures. Nest consists of a scrape on a depression or ledge in an open site.

Not expected. No suitable nesting habitat
found on site.

Bay checkerspot butterfly
(Euphydryas editha bayensis)
FT/-- Restricted to native grasslands on outcrops of serpentine soil in the vicinity of San Francisco Bay. Plantago erecta is the primary host plant; Castilleja densiflora and C. exserta are secondary host plants.

Not expected. No habitat found on site.

Black swift
(Cypseloides niger)
--/SSC Breeds in small colonies on cliffs behind or adjacent to waterfalls in deep canyons and sea bluffs above surf; forages widely.

Not expected. No suitable nesting habitat
found on site.

Burrowing owl
(Athene cunicularia)
--/SSC Open, dry, annual or perennial grasslands, desert, or scrubland, with available small mammal burrows.

Not expected. No suitable nesting habitat
found on site.

California giant salamander
(Anodonta californiensis)
--/SSC Known from wet coastal forests near streams ad seeps from Mendocino County south to Monterey County and east to Napa County. Aquatic larvae found in cold, clear streams, occasionally in lakes and ponds. Adults known from wet forests under rocks and logs near streams and lakes.

Not expected. No suitable habitat found on
site.

California red-legged frog
(Rana draytonii)
FT/SSC Rivers, creeks, and stock ponds with pools and overhanging vegetation.

Requires dense, shrubby or emergent riparian vegetation, and prefers short riffles and pools with slow-moving, well-oxygenated water. Needs upland habitat to aestivate (remain dormant during dry months) in small mammal burrows, cracks in the soil, or moist leaf litter.

Not expected. No suitable habitat found on
site.

California tiger salamander
(Ambystoma californiense)
FT/ST Grasslands and oak woodlands near seasonal pools and stock ponds in central and coastal California. Needs upland habitat to aestivate (remain dormant during dry months) in small mammal burrows, cracks in the soil, or moist leaf litter. Requires seasonal water sources that persist into late March for breeding habitat.

Not expected. No suitable habitat found on
site.

Coast horned lizard
(Phrynosoma blainvillii)
--/SSC Arid grassland and scrubland habitats; prefers lowlands along sandy washes with scattered low bushes. Requires open areas for sunning, bushes for cover, patches of loose soil for burrowing, and abundant supply of ants and other insects for feeding.

Not expected. No suitable habitat found on
site.

ITEM NO. 8.

7.0 Biological Resources
7-16 EMC Planning Group Inc.

Species Status
(Federal/State)
Suitable Habitat Description Potential to Occur on Project Site Coho salmon
(Oncorhynchus kisutch)
FE/SE Freshwater habitats; requires beds of loose, silt-free, coarse gravel for spawning, covered cool water, and sufficient oxygen levels.

Not expected. No suitable habitat found on
the site.

Cooper's hawk
(Accipter cooperii)
--/SSC Oak or riparian woodlands. Low potential to occur. Marginally suitable habitat found on site.

Foothill yellow-legged frog
(Rana boylii)
--/SSC Partly shaded, shallow streams and riffles with rocky substrate in a variety of habitats. Requires at least some cobble-sized substrate for egg-laying and 15 weeks of available water to attain metamorphosis.

Not expected. No suitable habitat found on
the site.

Golden eagle
(Aquila chrysaetos)
--/SFP Rolling foothill mountain areas, sage-juniper flats, and desert. Cliff-walled canyons provide nesting habitat in most parts of range. Also uses large trees in open areas.

Not expected. No suitable habitat found on
the site.

Hoary bat
(Lasiurus cinereus)
--/SSC Prefers open habitats or habitat mosaics, with access to trees for cover and open areas or habitat edges for feeding. Roosts in dense foliage of medium to large trees. Feeds primarily on moths. Requires water.

Not expected. No suitable habitat found on
the site.

Long-eared myotis
(Myotis evotis)
--/-- Found in all brush, woodland and forest habitats from sea level to about 9,000 feet. Prefers coniferous woodlands and forests. Nursury colonies in buildings, crevices, spaces under bark and snags. Caves used primarily as night roosts.

Low potential to occur. Marginally suitable
habitat found on site.

Marbled murrelet
(Brachyramphus marmoratus)
FT/SE Feeds near shore, and nests up to six miles inland from coast from Half Moon Bay to Santa Cruz in old-growth redwood forests, often in Douglas fir trees.

Not expected. No suitable habitat found on
the site.

Mount Hermon (=barbate) June beetle
(Polyphylla barbata)
FE/-- Sand hills at Mount Hermon. Not expected. No suitable habitat found on the site.

Northern california legless lizard
(Anniella pulchra)
--/SSC Sandy or loose loamy soils under sparse vegetation, moist soils. Anniella pulchra is traditionally split into two subspecies: A. pulchra pulchra (silvery legless lizard) and A. pulchra nigra (black legless lizard), but these subspecies are typically no longer recognized.

Not expected. No suitable habitat found on
the site.

Ohlone tiger beetle
(Cicindela ohlone)
FE/-- Remnant native grasslands in Santa Cruz County. Substrate is poorly drained clay or sandy clay soil over bedrock of Santa Cruz mudstone.

Not expected. No suitable habitat found on
the site.

Opler's longhorn moth
(Adela oplerella)
FSC/-- From Marin county and the Oakland area on the inner coast ranges south to Santa Clara County. Serpentine grassland, larvae feed on Platystemon californicus.

Not expected. No suitable habitat found on
the site.

ITEM NO. 8.
110 Wood Road - Los Gatos Meadows Senior Living Community Draft EIR
EMC Planning Group Inc. 7-17
Species Status
(Federal/State)
Suitable Habitat Description Potential to Occur on Project Site Osprey
(Pandion haliaetus)
--/-- Ocean shore, bays, fresh-water lakes, and larger streams. Large nests built in tree-tops within 15 miles of a good fish-producing body of water.

Not expected. No suitable habitat found on
the site.

Pallid bat
(Antrozous pallidus)
--/SSC Deserts, grasslands, scrublands, woodlands, and forests. Most common in open, dry habitats with rocky areas for roosting. Roosts must protect bats from high temperatures.

Low potential to occur. Marginally suitable
habitat found on site.

Purple martin
(Progne subis)
--/SSC Inhabits woodlands, particularly low elevation coniferous forests (Douglas fir, ponderosa pine, and Monterey pine). Nests in cavities, often in tall, isolated trees or snags, and also in man-made structures.

Not expected. No suitable habitat found on
site.

San Francisco dusky-footed woodrat
(Neotoma fuscipes annectens)
--/SSC Forest habitats of moderate canopy and moderate to dense understory.

Constructs nest of shredded grass, leaves, and other materials.

Low potential to occur. Marginally suitable
nesting resources available within oak
woodland habitats on site. No nests identified
during survey.

Santa Cruz black salamander
(Aneides flavipunctatus niger)
--/SSC Mixed deciduous and coniferous woodlands and coastal grasslands in San Mateo, Santa Cruz, and Santa Clara Counties. Adults found under rocks, talus, and damp woody debris.

Low potential to occur. Marginally suitable
habitat found on site. Species has been
observed in proximity to project site.

Santa Cruz kangaroo rat
(Dipodomys venustus venustus)
--/-- Silverleaf manzanita mixed chaparral in the Zayante sand hills ecosystem of the Santa Cruz Mountains. Needs soft, well-drained sand.

Not expected. No suitable habitat found on
the site.

Smith’s blue butterfly
(Euphilotes enoptes smithi)
FE/-- Coastal dunes and coastal sage scrub plant communities. Host plants include Eriogonum latifolium and E. parvifolium for larval and adult stages.

Not expected. No suitable habitat found on
the site.

Snowy egret
(Egretta thula)
--/-- (Nesting) Colonial nester with nest sites situated in protected beds of dense tules. Rookery sites situated close to foraging areas, including marshes, tidal flats, streams, wet meadows, and borders of lakes.

Not expected. No suitable habitat found on
the site.

Steelhead
(Oncorhynchus mykiss irideus)
FT/-- Coastal stream with clean spawning gravel. Requires cool water and pools.

Needs migratory access between natal stream and ocean.

Not expected. No suitable habitat found on
the site.

Swainson's hawk
(Buteo swainsoni)
--/ST Breeds in grasslands with scattered trees, juniper-sage flats, riparian areas, savannahs, and agricultural or ranch lands with groves or lines of trees.

Requires adjacent suitable foraging areas, such as grasslands or agricultural fields supporting rodent populations.

Not expected. No suitable habitat found on
the site.

ITEM NO. 8.

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Species Status
(Federal/State)
Suitable Habitat Description Potential to Occur on Project Site Townsend's big-eared bat
(Corynorhinus townsendii)
--/SCT Inhabits a wide variety of habitats. Most common in mesic sites. Roosts in the open, hanging from walls and ceilings. Roosting sites limiting. Extremely sensitive to human disturbance.

Low potential to occur. Marginally suitable
habitat found on site.

Tricolored blackbird
(Agelaius tricolor)
--/SE Areas adjacent to open water with protected nesting substrate, which typically consists of dense, emergent freshwater marsh vegetation.

Not expected. No suitable habitat found on
the site.

Western bumble bee
(Bombus occidentalis)
--/CE Meadows and grasslands with flowering plants; can also be found in natural areas within urban environments.

Not expected. No suitable habitat found on
the site.

Western pond turtle
(Emys marmorata)
--/SSC Ponds, marshes, rivers, streams, and irrigation ditches with aquatic vegetation. Needs basking sites (such as rocks or partially submerged logs) and suitable upland habitat for egg-laying (sandy banks or grassy open fields).

Not expected. No suitable habitat found on
the site.

White-tailed kite
(Elanus leucurus)
--/SFP Rolling foothills and valley margins with scattered oaks, and river bottomlands or marshes next to deciduous woodlands. Open grasslands, meadows, or marshes for foraging close to isolated, dense-topped trees for nesting and perching.

Not expected. No suitable habitat found on
the site.

Yellow rail
(Corturnicops noveboracensis)
--/SSC Summer resident in eastern Sierra Nevadas, prefers freshwater marshlands. Not expected. No suitable habitat found on the site.

Yuma myotis
(Myotis yumanensis)
--/-- Optimal habitats are open forests and woodlands with sources of water over which to feed. Distribution is closely tied to bodies of water. Maternity colonies in caves, mines, buildings, or crevices.

Not expected. No suitable habitat found on
the site.

Zayante band-winged grasshopper
(Trimerotropis infantilis)
FE/-- Isolated sandstone deposits in the Santa Cruz Mountains, Zayante Hills ecosystem.

Not expected. No suitable habitat found on
the site.

SOURCE: CDFW 2020
NOTE: Status Codes:

Federal (USFWS)
FE: Listed as Endangered under the Federal Endangered Species Act.

FT: Listed as Threatened under the Federal Endangered Species Act.

FC: A Candidate for listing as Threatened or Endangered under the Federal Endangered Species Act.

FSC: Species of Special Concern.

FD: Delisted under the Federal Endangered Species Act.

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State (CDFW)
SE: Listed as Endangered under the California Endangered Species Act.

ST: Listed as Threatened under the California Endangered Species Act.

SR: Listed as Rare under the California Endangered Species Act.

SC: A Candidate for listing as Threatened or Endangered under the California Endangered Species Act.

SSC: Species of Special Concern.

SFP: Fully Protected species under the California Fish and Game Code.

SD: Delisted under the California Endangered Species Act.

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Special-Status Wildlife
Special-status wildlife species potentially occurring in the project vicinity were evaluated for their potential to occur on the project site. Database search results and the potential for special-status wildlife to occur on the project site and vicinity are presented in Table 7-2, Special-Status Wildlife Species with Potential to Occur in the Project Vicinity, and are discussed in in the Impacts and Mitigation Measures section, below. These species include:

San Francisco dusky-footed woodrat (Neotoma fuscipes annectens), pallid bat (Antrozous pallidus), Townsend’s big-eared bat (Corynorhinus townsendii), and nesting raptors and migratory birds.

Regulated Trees
The project site contains hundreds of native and nonnative trees representing over fifty species. In accordance with the Town’s Tree Protection Ordinance, a tree inventory and assessment were conducted in 2018 by HortScience|Bartlett Consulting under contract with the applicant for the proposed project and included all trees with trunk diameters greater than four inches (those trees protected by the Ordinance). A total of 375 trees representing 57 species were evaluated.

A peer review of the 2018 arborist report was performed in 2020 by Monarch Consulting Arborists, the Town’s consulting arborist. Monarch found the 2018 arborist report outdated as at least 20 trees had been removed since the report was drafted. Monarch also found that within the report there is no differentiation between “Protected,” “Large Protected,” “Heritage,” and “Exceptions” trees. Los Gatos has specific definitions for these designations and they are not interchangeable. The peer review recommended that the 2018 arborist report and tables be revised to reflect current conditions and trees recently removed.

In 2019, selected trees were removed in response to a Wildland Urban Interface fire management review. Hort Science | Bartlett Consulting prepared an Arborist Report Update to incorporate data on trees removed and also responds to the peer review conducted by Monarch Consulting (2020). Forty-four (44) trees were removed and three hundred thirtyone (331) trees remain. A Response to Los Gatos Meadows Arborist Peer Review Letter dated July 6, 2020 was also submitted to address how comments and recommendations from the peer review and revised Arborist Report were incorporated into the landscape and tree planting plans (Gates and Associates 2020).

Sensitive Natural Communities
As described in more detail above in the Existing Conditions section, the site supports lowquality mixed oak woodland and high-quality native oak/bay woodland habitat. Oak woodlands are generally considered sensitive natural communities by CDFW because they support a diverse assemblage of native species. CDFW also recognizes wetlands and waterways as sensitive natural communities (described in the wetlands and waterways section above).

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Wildlife Movement
Wildlife movement includes migration (usually movement one way per season), interpopulation movement (long-term dispersal and genetic flow), and small travel pathways (daily movement within an animal's territory). While small travel pathways usually facilitate movement for daily home range activities, such as foraging or escape from predators, they also provide connection between outlying populations and the main populations, permitting an increase in gene flow among populations. These habitat linkages can extend for miles and occur on a large scale throughout the greater region. Habitat linkages facilitate movement between populations located in discrete locales and populations located within larger habitat areas.

The project site is located within an area between developed areas and wildland areas generally known as “urban/wildland interface”. The northwestern portion of the parcel contains relatively undisturbed oak woodland and chaparral plant communities contiguous to wild areas north of the site. As shown on Figure 7-1, Habitat Map, the project impact boundary is limited to areas close to the existing developed area and does not extend far into the oak woodland north of the developed area. Movement within the habitats in and around the buildings is likely restricted to that of common wildlife species and this portion of the project site does not function as a regional wildlife movement corridor or habitat linkage.

7.2 REGULATORY SETTING
This section briefly describes federal, state, and local regulations, permits, and policies pertaining to biological resources and wetlands as they apply to the project.

Federal Plans and Regulations
Endangered Species Act
The federal Endangered Species Act of 1973 (known hereafter as the “Act”) protects species that the USFWS has listed as “Endangered” or “Threatened.” Permits may be required from USFWS if activities associated with a proposed project would result in the “take” of a federally listed species or its habitat. Under the Act, the definition of “take” is to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” USFWS has also interpreted the definition of “harm” to include significant habitat modification that could result in “take.” “Take” of a listed species is prohibited unless (1) a Section 10(a) permit has been issued by the USFWS or (2) an Incidental Take Statement has been obtained through formal consultation between a federal agency and the USFWS pursuant to Section 7 of the Act.

ITEM NO. 8.

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Migratory Bird Treaty Act
The Migratory Bird Treaty Act of 1918 prohibits killing, possessing, or trading in migratory birds, and protects the nesting activities of native birds including common species, except in accordance with certain regulations prescribed by the Secretary of the Interior. Over 1,000 native nesting bird species are currently protected under the federal law. This Act encompasses whole birds, parts of birds, bird nests, and eggs.

The USFWS published a proposed rule to clarify prohibitions governing the "take" of birds under the Migratory Bird Treaty Act on February 3, 2020. This proposed rule clarifies that the scope of the Migratory Bird Treaty Act applies only to intentional injuring or killing of birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the Act. On January 7, 2021, the final regulation defining the scope of the Migratory Bird Treaty Act was published in the Federal Register. The rule goes into effect on February 8, 2021.

With the change of administrations, the future of the new rule is uncertain. The effective date of the rule will likely be extended, along with other rules that have not yet taken effect as the Biden Administration begins in January 2021. With the status of the revised rule unknown, the previous interpretation of the law, which prohibits intentional and unintentional take of migratory birds, remains in effect.

Clean Water Act
Section 404 of the Clean Water Act of 1972 regulates the discharge of dredge and fill material into “Waters of the U.S.”. “Waters of the U.S.” are waters such as oceans, rivers, streams, lakes, ponds, and wetlands subject to U.S. Army Corps of Engineers (USACE) Regulatory Program jurisdiction under Section 404 of the Clean Water Act. Certain artificial drainage channels, ditches and wetlands are also considered jurisdictional “Waters of the U.S.” On June 22, 2020, the Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” (NWPR) became effective in 49 states and in all US territories. The San Francisco USACE District uses the NWPR definitions of “Waters of the U.S.” when making permit decisions and providing landowners written determinations of the limits of federal jurisdiction on their property.

The USACE determines the extent of its jurisdiction as defined by ordinary high-water marks on channel banks, wetland boundaries, and/or connectivity to a navigable water.

Wetlands are habitats with soils that are intermittently or permanently saturated or inundated. The resulting anaerobic conditions naturally select for plant species known as hydrophytes that show a high degree of fidelity to such soils. Wetlands are identified by the presence of hydrophytic vegetation, hydric soils (soils intermittently or permanently saturated by water), and wetland hydrology according to methodologies outlined in the 1987 Corps of Engineers Wetlands Delineation Manual and the 2008 Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0).

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Activities that involve the discharge of fill into jurisdictional wetlands or waters are subject to the permit requirements of the USACE. Discharge permits are typically issued on the condition that the project proponent agrees to provide compensatory mitigation which results in no net loss of area, function, or value, either through wetland creation, restoration, or the purchase of credits through an approved mitigation bank. In addition to individual discharge permits, the USACE also issues nationwide permits applicable for certain activities.

State Plans and Regulations
California Endangered Species Act
Pursuant to the California Endangered Species Act and Section 2081 of the California Fish and Game Code, an Incidental Take Permit from the CDFW is required for projects that could result in the “take” of a state-listed Threatened or Endangered species. “Take” is defined under these laws as an activity that would directly or indirectly kill an individual of a species. If a project would result in the “take” of a state-listed species, then a CDFW Incidental Take Permit, including the preparation of a conservation plan, would be required.

Nesting Birds and Birds of Prey
Sections 3505, 3503.5, and 3800 of the California Fish and Game Code prohibit the take, possession, or destruction of birds, including their nests or eggs. Birds of prey (the orders Falconiformes and Strigiformes) are specifically protected in California under provisions of the California Fish and Game Code, Section 3503.5. This section of the Code establishes that it is unlawful to take, possess, or destroy any birds of prey or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this Code. Disturbance that causes nest abandonment and/or loss of reproductive effort, such as construction during the breeding season, is considered take by the CDFW.

Streambed Alterations
The CDFW has jurisdiction over the bed and bank of natural drainages according to provisions of Sections 1601 through 1603 of the California Fish and Game Code. Diversions, obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake in California that support wildlife resources and/or riparian vegetation are subject to CDFW regulations. Activities that would disturb these drainages are regulated by the CDFW; authorization is required in the form of a Streambed Alteration Agreement. Such an agreement typically stipulates measures that will protect the habitat values of the drainage in question.

ITEM NO. 8.

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California Porter-Cologne Water Quality Control Act
Under the California Porter-Cologne Water Quality Control Act, the applicable Regional Water Quality Control Board (regional board) may necessitate Waste Discharge Requirements for the fill or alteration of “Waters of the State,” which according to California Water Code Section 13050 includes “any surface water or groundwater, including saline waters, within the boundaries of the state.” The regional board may, therefore, necessitate Waste Discharge Requirements even if the affected waters are not under USACE jurisdiction.

Also, under Section 401 of the Clean Water Act, any activity requiring a USACE Section 404 permit must also obtain a state Water Quality Certification (or waiver thereof) to ensure that the proposed activity will meet state water quality standards. The applicable state regional board is responsible for administering the water quality certification program and enforcing National Pollutant Discharge Elimination System permits.

Local Plans and Regulations
Town of Los Gatos 2020 General Plan
Los Gatos has been recognized for excellence in urban forestry management and is proud of its status as a “Tree City USA.” As stated in the General Plan, “Trees and other plant life can prevent soil erosion, landslides, and flooding while ensuring a scenic buffer from the effects of development and providing wildlife habitats. Wildlife populations must be preserved as having intrinsic value that contributes to the quality of Town life, while keeping in mind the safety and well-being of Town residents.”
The 2020 General Plan Environment and Sustainability (ENV) element contains the following goal and policies associated with biological resources that are applicable to the proposed project:

Goal ENV-1: To preserve and protect native plants and plant communities in the Town, and promote the appropriate use of local, native plants in habitat restoration and landscaping.

Policy ENV-1.1: Preserve trees that are protected under the Town’s Tree Protection Ordinance, as well as other native heritage, heritage and specimen trees.

Policy ENV-1.2: Public and private projects shall protect special-status native plant species.

Policy ENV-1.3: Prohibit development that significantly depletes, damages or alters existing special-status plants.

Policy ENV-1.4: Prohibit bicycles in native plant habitats unless on designated trails.

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Policy ENV-1.5: Prohibit the use of invasive plant species listed by the California Invasive Plant Council (Cal-IPC) for all new construction.

Policy ENV-1.6: Use native plants that are indigenous to the Los Gatos area on Town-owned and controlled property.

Policy ENV-1.7: Require new development to use native plants or other appropriate non-invasive plants to reduce maintenance and irrigation costs and the disturbance of adjacent natural habitat.

Town of Los Gatos Municipal Code
The Town of Los Gatos Municipal Code Section 29.10.0960 Scope of Protected Trees defines the following as protected trees:

1. All trees which have a twelve-inch or greater diameter (thirty-seven and one-halfinch circumference) of any trunk or in the case of multi-trunk trees, a total of eighteen inches or greater diameter (fifty-six and one-half-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: Blue Oak (Quercus douglasii); Black Oak (Quercus kellogii); California Buckeye (Aesculus californica); 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.

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8. All publicly owned trees growing on Town lands, public places or in a public rightof-way easement, which have a four-inch or greater diameter (twelve and one-halfinch 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.

10.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: Heritage trees; Large protected trees.

Fire Hazards Hazardous Brush Abatement Program
The Santa Clara County Fire Department provides fire protection services to the Town of Los Gatos and manages and implements a hazardous brush abatement program for hillside areas within its jurisdictional boundaries. In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their home to create defensible space at least 100 feet from building edges. The brush abatement program entails inspections of hillside properties by fire crews beginning early April each year. If properties are found out of compliance with the regulations found in the California Fire Code relative to vegetation clearance, they are given notice of the violation. If compliance is still not achieved by approximately the end of June each year, a contractor is authorized to perform the necessary work. The costs associated with the abatement work are then placed on the property tax bill for that parcel (Santa Clara County Fire Department 2018).

7.3 THRESHOLDS OR STANDARDS OF SIGNIFICANCE
The CEQA Guidelines indicate that a project may have a significant effect on the environment if it would have any of the effects listed below.  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, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
 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 U.S. Fish and Wildlife Service;  Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;

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 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;  Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or
 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan.

No habitat conservation plans apply to the project area. No further discussion of this topic is required. The applicable issues for the proposed project are evaluated in the impact analysis below.

7.4 ANALYSIS, IMPACTS, AND MITIGATION MEASURES
This evaluation is based a review of existing scientific literature, aerial photographs, technical background information; relevant documents addressing biological resources at the project site; surveys conducted by EMC Planning Group; arborist reports, and policies applicable to projects located in the Town of Los Gatos. See the beginning of this EIR section for a list of relevant documents used in this analysis.

Effects on Special-Status Plant and Wildlife Species
The project site contains marginally suitable habitat for three special-status plant species:
arcuate bush-mallow, Loma Prieta hoita, and woodland woollythreads.

Arcuate bush-mallow (Malacothamnus arcuatus) is listed by the CNPS as 1B.2 (fairly endangered in California) and is found in chaparral plant communities with gravelly alluvium substrates. This species blooms from April to September. The nearest recorded observation of this species is approximately 0.5 miles northeast of the project site (Occurrence No. 38, CNDDB 2020). Arcuate-bush mallow could potentially be found growing within chaparral along the northern parcel boundary (Figure 7-1, Habitat Map).

This area is outside of the project impact boundary and will not be disturbed as a result of the proposed project. No mitigation is necessary.

Loma Prieta hoita (Hoita strobilina) is listed by the CNPS as 1B.1 (seriously endangered in California) and is found on serpentine substrate in chaparral and oak woodland. This species blooms from April to September. The nearest recorded observation of this species is IMPACT
7-1
Potential Effect on Special-Status Plant Species: Arcuate Bush-Mallow, Loma Prieta Hoita, and Woodland Woollythreads No Impact

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approximately 0.6 miles southwest of the project site (Occurrence No. 19, CNDDB 2020).

Loma Prieta hoita could potentially be found growing in oak woodland within the upslope (western) portion of the project site or within mixed oak woodland closer to the existing developed area (Figure 7-1, Habitat Map).

Woodland woollythreads (Monolopia gracilens) is listed by the CNPS as 1B.2 (fairly endangered in California) and is found in open sites in chaparral and oak woodland. This species blooms from March to July. The nearest recorded observation of this species is approximately 1.5 miles southwest of the project site (Occurrence No. 30, CNDDB 2020).

Woodland woollythreads could potentially be found growing in oak woodland within the upslope (western) portion of the project site or within mixed oak woodland closer to the existing developed area (Figure 7-1, Habitat Map).

Conclusion
No special-status plant species, including Loma Prieta hoita (Hoita strobilina) and woodland woollythreads (Monolopia gracilens), were observed during the focused plant survey on April 22, 2021 (EMC Planning Group 2021). Focused plant survey results are generally considered valid for about five years. The proposed project will have no impact on special-status plant species and no mitigation is required.

San Francisco dusky-footed woodrat is a California Species of Special Concern and is typically found within dense chaparral or oak woodland habitats with moderately dense understory growth and abundant dead wood available for midden construction. A midden is a small pile or “house” made of sticks, leaves, bones, seeds, etc. gathered by a rodent. The project site is within the known range of this species. The nearest observation of the species was recorded in 2016 approximately six miles north of the project site (Occurrence No. 17, CNDDB 2020). Possible midden locations were identified in the mixed woodland and oak/bay woodland areas where fallen tree branches, leaves, and sticks had accumulated to provide resources for midden construction.

Conclusion
If San Francisco dusky-footed woodrat is present within the 0.3 acres of oak/bay woodland or 5.2 acres of mixed woodland within the proposed project impact area, loss or disturbance of woodrats due to midden removal during construction and fire safety activities would be a significant adverse environmental impact. Implementation of the following mitigation measure would reduce the potential impact to a less-than-significant level.

IMPACT
7-2
Potential Effect on Candidate, Sensitive, or Special-Status Species (San Francisco Dusky-Footed Woodrat)
Less than Significant
with Mitigation

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Mitigation Measure
7-2 Prior to issuance of a grading permit, a qualified biologist shall conduct preconstruction surveys for woodrat middens within the development footprint and fire defensible space. These surveys shall be conducted no more than 15 days prior to the start of construction. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated. All woodrat middens shall be flagged for avoidance of direct construction impacts and fire defensible space where feasible. If impacts cannot be avoided, woodrat middens shall be dismantled no more than three days prior to construction activities starting at each midden location. All vegetation and duff materials shall be removed from three feet around the midden prior to dismantling so that the occupants do not attempt to rebuild. Middens are to be slowly dismantled by hand in order to allow any occupants to disperse.

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

Implementation of this mitigation measure would reduce the potential impact by requiring pre-construction surveys for San Francisco dusky-footed woodrat middens, and avoidance or dismantling of any middens within the development footprints. Therefore, this impact is less than significant with mitigation incorporated.

The proposed project includes the removal of 213 trees and requires demolition of structures.

Cavities in mature, hollow trees and structures on the project site provide potential roosting habitat for two special-status bat species: the California Species of Special Concern pallid bat and candidate species for state listing as threatened Townsend’s big-eared bat. Both species are known to occur in the project region. The nearest observation of the pallid bat was recorded in 2004 approximately 4.4 miles east of the project site (Occurrence No. 100, CNDDB 2020). The nearest observation of Townsend’s big-eared bat was recorded in 2002 approximately 2.8 miles southwest of the project site (Occurrence No. 600, CNDDB 2020).

Conclusion
Potential habitat for pallid bat and Townsend’s big-eared bat occurs in mature, hollow trees and around structures present within the project site. If special-status bats are present on the site, tree removal and other construction activities could result in the loss of individual IMPACT
7-3
Potential Effect on Candidate, Sensitive, or Special-Status Species (Pallid Bat, Townsend’s Big-Eared Bat)
Less than Significant
with Mitigation

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animals. This would be a significant adverse environmental impact. Implementation of the following mitigation measure would reduce the potential impact to a less-than-significant level.

Mitigation Measure
7-3 Within 14 days prior to tree removal or other construction activities such as a demolition, the project developer shall retain a qualified biologist to conduct a habitat assessment for bats and potential roosting sites in trees to be removed, within structures proposed for demolition, and in trees and structures within 50 feet of the development footprint. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated.

These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within and 50 feet around the project site. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed.

Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit.

Potential roosting features found during the survey shall be flagged or marked.

Locations off the site to which access is not available may be surveyed from within the site or from public areas.

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

If bats or roosting sites are found, a letter report and supplemental documents shall be provided by the biologist to the Town of Los Gatos prior to issuance of tree removal and demolition permits and the following monitoring, exclusion, and habitat replacement measures shall be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they shall be evicted as described under (b) below. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats shall be evicted as described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost is present, a 50-foot buffer

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zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season. b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures within 50 feet of project disturbance activities, the individuals shall be safely evicted, under the direction of a qualified bat biologist. If pre-construction surveys determine that there are bats present in any trees or structures to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction. If needed, other removal methods could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance within 50 feet of any structures shall be conducted no earlier than the following day (i.e., at least one night shall be provided between initial roost eviction disturbance and tree removal/disturbance activities).

This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation. c. Bat Mitigation and Monitoring Plan. If roosting habitat is identified, a Bat Mitigation and Monitoring plan will be prepared and implemented to mitigate for the loss of roosting habitat. The plan will include information pertaining to the species of bat and location of the roost, compensatory mitigation for permanent impacts, including specific mitigation ratios and a location of the proposed mitigation area, and monitoring to assess bat use of mitigation areas. The plan will be submitted to CDFW for review and approval prior to the bat eviction activities or the removal of roosting habitat.

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

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Implementation of this mitigation measure would reduce the potential significant impact to special-status bats to a less-than-significant level by requiring pre-construction surveys and incorporation of appropriate avoidance and minimization measures should evidence of roosting bats be found on the project site. Therefore, this impact is less than significant with mitigation incorporated.

Various bird species may nest throughout the project site, including in buildings, on open ground, or in any type of vegetation. Several avian species were observed at the project site during the reconnaissance field survey, including red-shouldered hawk, dark-eyed junco, California scrub jay, Steller’s jay, acorn woodpecker, chestnut-backed chickadee, whitebreasted nuthatch, and mourning dove. No nesting activity was observed during the surveys. However, many bird species are migratory and fall under the jurisdiction of the Migratory Bird Treaty Act, protections for birds of prey, and/or are considered Fully Protected Species.

Protected nesting birds, including raptor species such as Cooper’s hawk (Accipiter cooperii), have potential to nest on and adjacent to the project site during the nesting bird season (January 15 through September 15).

Conclusion
If nesting birds protected by state and federal regulations are present on or adjacent to the site during construction activities including vegetation removal and site preparation including building demolition, the proposed project may directly result in loss of active nests, or indirectly result in nest abandonment and thereby cause loss of fertile eggs or nestlings. This would be a significant adverse environmental impact. Implementation of the following mitigation measure would reduce the potential impact to a less-than-significant level.

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

IMPACT
7-4
Potential Effect on Candidate, Sensitive, or Special-Status Species (Nesting Raptors and Migratory Birds)
Less than Significant
with Mitigation

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If project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), or if construction activities are suspended for at least 14 days and recommence during the nesting season, a qualified biologist shall conduct nesting bird surveys. a. Two surveys for active bird nests shall occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. A report documenting survey results and plan for active bird nest avoidance (if needed) shall be completed by the qualified biologist prior to initiation of construction activities.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active.

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

Implementation of this mitigation measure would reduce potential significant impacts to nesting birds and raptors to less than significant by requiring a preconstruction survey prior to construction in and adjacent to the project site boundary. If nesting activity is observed, measures to protect the nest(s) shall be implemented. Therefore, this impact is less than significant with mitigation.

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Protected Wetlands or Waters of the U.S.

A potentially jurisdictional aquatic feature was identified within the project site boundary (Figure 7-1, Habitat Map). An approximately 230-foot-long ephemeral drainage was identified within the oak woodland northwest of the developed area. Runoff from upslope likely collects within the drainage as a result of natural elevation changes directing flow south towards Los Gatos Creek. Water collecting within the drainage likely flows to existing storm drain lines that currently direct and store water within the development footprint, conveying storm water to the Wood Road storm water system.

Wetlands are identified by the presence of hydrophytic vegetation, hydric soils (soils intermittently or permanently saturated by water), and wetland hydrology. Waterways or drainage channels are defined by their ordinary high-water marks on channel banks and their connection to other waterways or aquatic features. Although no wetland vegetation was identified associated with the drainage, the drainage feature could connect to Los Gatos Creek.

Conclusion
The Town of Los Gatos General Plan 2020 requires for all development to “protect wetlands and riparian corridors, including intermittent and ephemeral streams.” The on-site drainage feature may also fall under the jurisdiction of the USACE, RWQCB, and/or CDFW. Impacts to jurisdictional wetland and waterway features are considered significant adverse environmental impacts. The following mitigation measures would assure that this potentially significant impact is reduced to less than significant.

Mitigation Measures
7-5a To avoid impacts to a the potentially jurisdictional drainage feature, a minimum 10-foot setback from the drainage shall be maintained during tree removal, demolition, and construction activities. The drainage and setback area shall be shown on all demolition and construction plans.
7-5b If disturbance will occur within ten feet of the drainage, prior to issuance of a grading permit within the project boundary, the applicant shall retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the USACE, RWQCB, and CDFW. If the USACE claims jurisdiction, the applicant shall retain a qualified biologist to obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage features do not qualify for a Nationwide Permit, the applicant shall proceed with the qualified biologist in obtaining an Individual Permit from the USACE. The applicant shall then retain a IMPACT
7-5
Effect on Federally- and State-Protected Wetlands or Waters of the U.S. (Intermittent or Ephemeral Drainage)
Less than
Significant
with Mitigation

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qualified biologist to coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant shall also retain a qualified biologist to coordinate with the CDFW to obtain a Streambed Alteration Agreement.

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

Implementation of these mitigation measure shall ensure that impacts to potentially jurisdictional wetlands and waterways are mitigated by avoiding the feature through establishment of a setback or requiring a wetland assessment/jurisdictional determination and associated permitting if avoidance is not possible. With implementation of these mitigation measures, construction of the proposed project would not have a substantial adverse effect on federally or state-protected wetlands through direct removal, filling, hydrological interruption, or other means. Therefore, this impact is less than significant with mitigation.

Protection of Regulated Trees
The Town of Los Gatos Municipal Code Section 29.10.0960 Scope of Protected Trees includes a definition of protected trees (see details in the Regulatory Section above), and outlines the requirements if protected trees may be damaged or removed by a project (Town of Los Gatos 2020).

IMPACT
7-6 Damage or Removal of Regulated Trees Less than Significant with Mitigation

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A tree inventory and assessment were conducted in 2018 by HortScience|Bartlett Consulting for the proposed project and included all trees with trunk diameters greater than four inches (those trees protected by the Ordinance). A total of 375 trees representing 57 species were evaluated. A peer review of the 2018 arborist report was performed in 2020 by Monarch Consulting Arborists.

In 2019, selected trees were removed in response to a Wildland Urban Interface fire management review. Hort Science | Bartlett Consulting prepared an Arborist Report Update to incorporate data on trees removed and also responds to the peer review conducted by Monarch Consulting (2020). Forty-four (44) trees were removed and three hundred thirtyone (331) trees remain. A Response to Los Gatos Meadows Arborist Peer Review Letter dated July 6, 2020 was also submitted to address how comments and recommendations from the peer review and revised Arborist Report were incorporated into the landscape and tree planting plans (Gates and Associates 2020).

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

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

Mitigation Measure
7-6 Prior to issuance of a tree removal permit and/or a grading permit, developers shall retain a certified arborist to develop a site-specific tree protection plan for retained trees and supervise the implementation of all proposed tree preservation and protection measures during construction activities, including those measures specified in the 2018 project arborist report and 2020 arborist report update (HortScience Bartlett Consulting). Also, in accordance with the Town’s Tree

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Protection Ordinance, the developer shall obtain a tree removal permit for proposed tree removals on each development lot prior to tree removals and shall install replacement trees in accordance with all mitigation, maintenance, and monitoring requirements specified in the tree removal permit(s) or otherwise required by the Town for project approvals.

Implementation of this mitigation measure would reduce potential impacts to regulated trees by requiring Town approval prior to removal of regulated trees, installation of adequate replacement trees, and protection of all retained trees during construction. Therefore, this impact is less than significant with mitigation incorporated.

Wildlife Movement
Wildlife movement includes migration (i.e., usually movement one way per season), inter-population movement (i.e., long-term dispersal and genetic flow), and small travel pathways (i.e., daily movement within an animal's territory).

Conclusion
The Town of Los Gatos General Plan 2020 states that “Town staff shall review site plans to ensure that existing significant wildlife habitats and migration corridors are not adversely affected by either individual or cumulative development impacts (Policy ENV-4.11).” The proposed project would impede to a limited degree the local movement of common wildlife species due to habitat loss. However, the impact to animals that may occasionally traverse these areas would be less than significant given the amount of similar habitat in the vicinity and region. Therefore, no mitigation measures are necessary.

Sensitive Natural Communities
Sensitive natural communities are those that are listed in the CNDDB due to the rarity of the community in the state or throughout its entire range (globally). Ranking of plant communities occurs according to their degree of imperilment, as measured by rarity, trends, and threats. Sensitive natural communities that may occur in the Central California region include, but are not limited to, the following: wetland and marsh, riparian forest, sycamore alluvial woodland, oak woodland, maritime chaparral, manzanita chaparral, dune scrub, and vernal pools.

IMPACT
7-7
Interference with Movement of Wildlife Species or with
Established Wildlife Corridors Less than Significant
IMPACT
7-8 Effect on Sensitive Natural Communities Less than Significant with Mitigation

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The proposed project would disturb approximately 0.3 acres of oak/bay woodland and 5.2 acres of mixed woodland within the proposed project impact area. Oak/bay and mixed oak woodlands are considered a CDFW-designated sensitive natural community. Given that replacement plantings would be required for removal of each Town-regulated tree, including native oaks, this is a less than significant environmental impact. No additional mitigation measures are required.

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

No additional mitigation measures are necessary.

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

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

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

Implementation of this mitigation measure would reduce potential impacts to sensitive plant communities by requiring Town approval of the plant palette prior to landscaping.

Therefore, this impact is less than significant with mitigation incorporated.

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8.0 Cultural, Paleontological, and Tribal
Resources
Information in this section is derived from a variety of sources including:
 California Historical Resources Information System, Northwest Information Center, Sonoma State University, September 9, 2020, File No. 20-0383;  EMC Planning Group archaeological survey of the project site (August 27, 2020);  Town of Los Gatos 2020 General Plan Final EIR (June 2010); and  Correspondence with the Native American Heritage Commission, August 31, 2020.

The Native American Heritage Commission responded with a list of tribes that are traditionally and culturally affiliated with the geographic area of the project site and recommended consultation with the tribes. Consultation was conducted and the results are presented herein. In addition, a response to the notice of preparation was received from the Native American Heritage Commission (dated February 1, 2021). The notice of preparation and responses are included as Appendix A. The response is a standard letter about AB 52 and SB 18 consultation.

8.1 ENVIRONMENTAL SETTING
General Plan EIR
The environmental setting for cultural resources within Los Gatos is summarized in Chapter 5 of the General Plan EIR, which addresses cultural and historic resources.

According to the General Plan EIR, the proposed project site is not located within the major archaeological resource areas.

Tribal Cultural Resources/Sacred Lands
On August 31, 2020, the Native American Heritage Commission responded to a request for knowledge of sacred lands and other cultural resources within the proposed project site.

They responded with a list of tribes that are traditionally and culturally affiliated with the geographic area of the site. A request for additional information was sent to the tribes on the

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list and only one response was received from Valentin Lopez, Chairperson of the Amah Mutsun Tribal Band, who stated the project site is outside the tribe’s traditional tribal territory and therefore, they have no comment.

Northwest Information Center Search Results
EMC Planning Group conducted a records search through the California Historical Resources Information System (CHRIS). According to the results of the records search, there are no previously recorded archaeological resources within the project site and one resource (P-43-002455), a historic building, within a quarter mile radius. There was no history of archaeological reports prepared for the project site.

National Register of Historic Places Search Results
A search of the National Register of Historic Places database did not result in any listed properties within the project site or area.

8.2 REGULATORY SETTING
Federal Regulations-National Park Service
National Historic Preservation Act (1966)
This Act was passed into law in 1966. The purpose of the Act is to establish systems and standards for coordinating historic preservation efforts between the federal government and state, local, and tribal governments. This Act includes Title I, Historic Preservation Programs, Section 101, which states the Secretary may expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture. Additional information about this Act can be found under Title 54 U.S.C. Chapter 3021-National Register of Historic Places, 54 U.S.C. 302101 (National Conference of State Historic Preservation Officers 2021).

Native American Graves Protection and Repatriation Act
This Act was passed into law on November 16, 1990 and has been amended twice. This Act describes the rights of Native American lineal descendants, Indian tribes, and Native Hawaiian organizations with respect to the treatment, repatriation, and disposition of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony, referred to collectively in the statute as cultural items, with which they can show a relationship of lineal descent or cultural affiliation. Additional information about this Act can be found under Public Law 101-601; 54 U.S.C. (National Park Service 2021).

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State Laws, Regulations, and Statutes
California Environmental Quality Act (CEQA) Archaeological Resources (California Public Resources Code § 21083.2)
It is the responsibility of the lead agency to determine whether a project may have a significant effect on archaeological resources. If the lead agency determines that a project may have a significant effect on historic resources or unique archaeological resources, the EIR shall address the issue of those resources. If it can be demonstrated that a project will cause damage to a unique archaeological resource, the lead agency may require reasonable efforts to be made to permit any or all of these resources to be preserved in place or left in an undisturbed state.

Assembly Bill 52
The legislation requires consultation regarding projects that may affect a tribal cultural resource, includes a broad definition of what may be considered to be a tribal cultural resource, and includes a list of recommended mitigation measures. AB 52 adds tribal cultural resources to the categories of cultural resources in CEQA, which had formerly been limited to historic, unique archaeological, and paleontological resources. AB 52 requires lead agencies to provide notice to tribes that are traditionally and culturally affiliated with the geographic area of a proposed project if they have requested notice of projects proposed within that area.

To participate in AB 52, a tribe requests, in writing, that they wish the lead agency to notify them through a formal notification of proposed projects within the tribe’s geographic area where they are traditionally and culturally affiliated. The lead agency has 14 days after determining that an application for a project is complete, or a decision by a public agency to undertake a project, to provide formal notification to the designated contact or tribal representative of traditionally and culturally affiliated California Native American tribes that have requested notice.

The Town of Los Gatos has not received any written requests for consultation from tribes traditionally or culturally affiliated with the project area. Therefore, tribal cultural resources consultation is not required and no further discussion of tribal cultural resources is required.

State Historical Resources Commission (California Public Resources Code § 5020)
Under California Public Resources Code section 5020.5, the State Historical Resources Commission shall develop criteria and methods for determining the significance of archaeological sites, for selecting the most important archaeological sites, and for determining whether the most significant archaeological sites should be preserved intact or excavated and interpreted. The commission shall also develop guidelines for the reasonable and feasible collection, storage, and display of archaeological specimens. The commission oversees the California Register (California Office of Historic Preservation 2021).

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State Historic Preservation Officer (SHPO) (California Public Resources Code § 5020.6)
In consultation with the State Historical Resource Commission, the SHPO acts as the executive secretary of the commission and shall be the chief administrative officer of the Office of Historic Preservation (California Office of Historic Preservation 2019).

California Register of Historical Resources (California Public Resources Code § 5024.1)
The California Register is an authoritative guide in California to be used by state and local agencies, private groups, and citizens to identify the state’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change (California Office of Historic Preservation 2021).

Native American Heritage Commission (California Public Resources Code § 5097.9)
The commission shall identify and catalog places of special religious or social significance to Native Americans, and known graves and cemeteries of Native Americans on private lands.

The commission shall notify landowners on whose property such graves and cemeteries are determined to exist, and shall identify the Native American group most likely descended from those Native Americans who may be interred on the property. The commission shall make recommendations relative to Native American sacred places that are located on private lands, are inaccessible to Native Americans, and have cultural significance to Native Americans for acquisition by the state or other public agencies for the purpose of facilitating or assuring access thereto by Native Americans (California Office of Historic Preservation 2021).

Human Remains (California Health and Safety Code § 7050.5) Every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any human remains in or from any location other than a dedicated cemetery without authority of law is guilty of a misdemeanor. In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined, in accordance with Chapter 10 (commencing with Section 27460) of part 3 of Division 2 of Title 3 of the Government Code, that the remains are not subject to the provisions of Section 27491 of the Government Code or any other related provisions of law concerning investigation of the circumstance, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his/her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. The coroner shall

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make his/her determination within two workings days from the time the person responsible for the excavation, or his/her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the coroner determines that the remains are not subject to his/her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he/she shall contact, by telephone within 24 hours, the Native American Heritage Commission (California Office of Historic Preservation 2021).

8.3 THRESHOLDS OF SIGNIFICANCE
CEQA Guidelines Appendix G is a sample initial study checklist that includes a number of factual inquiries related to the subject of cultural resources and tribal cultural resources, as it does on a whole series of additional environmental topics. Lead agencies are under no obligation to use these inquiries in fashioning thresholds of significance on the subject of cultural and tribal cultural resources impacts, or on any subject addressed in the checklist.

Rather, with few exceptions, CEQA grants agencies discretion to develop their own thresholds of significance. Even so, it is a common practice for lead agencies to take the language from the inquiries presented in Appendix G and to use that language in fashioning thresholds. The Town of Los Gatos has done so here. Therefore, for purposes of this EIR, a significant impact would occur if implementation of the proposed project would:

Historic and Unique Archaeological Resources
 Cause a substantial adverse change in the significance of a historical resource;  Cause a substantial adverse change in significance of a (unique) archaeological resource; or
 Disturb any (Native American) human remains, including those interred outside of dedicated cemeteries.

Paleontology
 Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Tribal Cultural Resources
 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, 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:

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 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
 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 Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Issues not Discussed Further in this Section
 Directly or indirectly destroy a unique geologic feature.

The proposed project site is developed with steep slopes surrounding the property. Due to the disturbed nature of the property, unique geologic features are not addressed in this EIR.

8.4 ANALYSIS, IMPACTS AND MITIGATION MEASURES
Historic Resources and Unique Archaeological Resources
According to the General Plan EIR, the proposed project site is not situated within identified major archaeological resources, however, should there be unanticipated impacts on historic resources and unique archaeological resources from development of the project site, the impacts would be less that significant with implementation of General Plan policies and mitigation measures in the General Plan EIR. The subject policies and mitigations are identified in Chapter 5 of the General Plan EIR.

The cultural resources survey identified one ground stone isolate, a handstone (planning tool), on the surface among sparse landscaping on the southwest part of the site. Careful searching around the isolate did not locate additional artifacts. The isolate was not in situ and therefore cannot be considered a significant or unique cultural resource. However, there is always a possibility that additional subsurface or nearby resources could be found during soil-disturbing activities.

While it is possible that unknown historic and unique archaeological resources could be uncovered during site preparation and/or other site disturbance activities, implementation of the following Los Gatos standard conditions of approval would ensure that this potential impact, if it were to occur, would be less than significant. No mitigation is necessary.

IMPACT
8-1
Potential Adverse Change to Historic Resources and/or
Unique Archaeological Resources During Construction Less than Significant

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Standard Conditions of Approval
In the event that archaeological traces are encountered, all construction within a 50-meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations.

If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans.

If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.

A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions.

Paleontological Resources
The geologic units exposed at ground surface in the Town of Los Gatos and vicinity include Mesozoic rocks of the Franciscan Assemblage, the Miocene Temblor Sandstone, the Miocene Monterey Formation, the Pliocene-Pleistocene Santa Clara Formation, and Quaternary Alluvium. The Temblor Sandstone, Monterey Formation, and Santa Clara Formation have previously yielded numerous vertebrate fossils in Santa Clara County and throughout California.

IMPACT
8-2
Potential Destruction of a Unique Paleontological
Resource or Site During Construction Less than Significant

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The Society of Vertebrate Paleontology has developed a system for assessing paleontological sensitivity and describes sedimentary rock units as having high, low, undetermined, or no potential for containing scientifically significant nonrenewable paleontological resources.

This criterion is based on rock units within which vertebrate or significant invertebrate fossils have been determined by previous studies to be present or likely to be present. Based these guidelines, the Miocene to Pleistocene sedimentary deposits in the Town of Los Gatos (i.e., the Temblor Sandstone, Monterey Formation, and Santa Clara Formation) have a high potential to yield paleontological resources (Town of Los Gatos 2019).

Conclusion
While it is possible that unknown unique paleontological resources could be uncovered during site preparation and/or other site disturbance activities, implementation of the following mitigation measure would ensure the impact is less than significant.

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

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

Native American Human Remains
The archival records search through CHRIS and the Native American Heritage Commission did not identify any known Native American burials or cemeteries within the proposed project site, and no human remains were discovered during the archaeological survey.

Conclusion
The project site is not known to contain Native American remains, but excavation during construction of project improvements could result in disturbance of unknown human remains, should they be buried on site. However, implementation of the standard conditions of approval presented earlier under Impact 8-1 would ensure that this potential impact, if it were to occur, would be less than significant.

IMPACT
8-3
Potential Adverse Impact to Native American Human
Remains During Construction Less than Significant

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9.0 Energy
This section of the EIR includes analysis of projected operational and construction energy demand for the proposed project and includes a determination about whether that demand could be considered wasteful or inefficient. Applicable uniform regulations for energy efficiency and conservation are also reviewed.

No comments regarding energy were received in response to the notice of preparation. The notice of preparation and comment letters are included in Appendix A.

9.1 ENVIRONMENTAL SETTING
Population growth is a key driver for increasing residential and commercial energy electricity and natural gas demand, and Los Gatos’ population and energy demand will continue to grow. To minimize the need for additional electricity generation facilities, both the state and regional energy utilities have focused investments on many energy related sector initiatives. Energy purveyors have also focused on obtaining larger shares of retail power from renewable sources.

Pacific Gas and Electric, one of the five largest utilities in the state, is the primary purveyor of electricity and natural gas in Los Gatos. Pacific Gas and Electric operates a major network of electricity and natural gas transmission lines within its service area, including Los Gatos.

9.2 REGULATORY SETTING
Energy Use and Conservation
For decades, federal, state, and regional energy agencies and energy providers have been focused on reducing growth in fossil fuel-based energy demand, especially in the form of transportation fuel and electricity. Key related environmental goals have been to reduce air pollutants and greenhouse gases. Public and private investments in a range of transportation technology, energy efficiency and energy conservation programs and technologies to improve transportation fuel efficiency have been increasing, as has the focus on land use planning as a tool to reduce vehicle trips/lengths and transportation-related energy use.

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Energy conservation is embodied in many federal, state, and local statutes and policies. At the federal level, energy standards apply to numerous products (e.g., the EnergyStar™ program) and to transportation (e.g., vehicle fuel efficiency standards). At the state level, Title 24 of the California Code of Regulations sets energy standards for buildings, rebates/tax credits are provided for installation of renewable energy systems, and the Flex Your Power program promotes conservation in multiple areas.

Representative state energy efficiency and conservation, and transportation energy demand guidance, regulations, and legislation are summarized below. Additional related regulations and legislation are found in Section 10.0, Greenhouse Gas Emissions.

State
California Energy Commission
The California Energy Commission is California’s primary energy policy and energy planning agency. Created by the California Legislature in 1974, the California Energy Commission has five major responsibilities: 1) forecasting future energy needs and keeping historical energy data; 2) licensing thermal power plants 50 megawatts or larger; 3) promoting energy efficiency through appliance and building standards; 4) developing energy technologies and supporting renewable energy; and 5) planning for and directing state response to energy emergencies. Under the requirements of the California Public Resources Code, the California Energy Commission, in conjunction with the Department of Conservation’s Division of Oil, Gas, and Geothermal Resources, is required to assess electricity and natural gas resources on an annual basis or as necessary. The Systems Assessment and Facilities Siting Division ensures that needed energy facilities are authorized in an expeditious, safe, and environmentally acceptable manner.

California 2008 Energy Action Plan Update
The state adopted the Energy Action Plan in 2003, followed by the Energy Action Plan II in 2005. The current plan, the California 2008 Energy Action Plan Update, is California’s principal energy planning and policy document. The updated document examines the state’s ongoing actions in the context of global climate change, describes a coordinated implementation plan for state energy policies, and identifies specific action areas to ensure that California’s energy resources are adequate, affordable, technologically advanced, and environmentally sound. The Energy Action Plan Update establishes energy efficiency and demand response (i.e., reduction of customer energy usage during peak periods) as the firstpriority actions to address increasing energy demands. Additional priorities include using renewable sources of power and distributed generation (e.g., using relatively small power plants near or at centers of high demand). To the extent that these actions are unable to satisfy increasing energy demand and transmission capacity needs, clean and efficient fossilfired generation is supported. The Energy Action Plan Update examines policy changes in

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the areas of energy efficiency, demand response, renewable energy, electricity reliability and infrastructure, electricity market structure, natural gas supply and infrastructure, research and development, and climate change (California Energy Commission 2008).

California Building Codes
California’s Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations, Title 24, Part 6) were first established in 1978 to reduce energy consumption. The California Energy Code is updated every three years as the Building Energy Efficiency Standards (BEES) to allow consideration and possible incorporation of new energy efficiency technologies and construction methods. Adopted by the California Energy Commission in May 2018, the 2019 BEES went into effect on January 1, 2020. The 2019 BEES are structured to achieve the state’s goal that all new low-rise residential buildings (single-family homes) be zero net energy. Multi-family homes and non-residential buildings built to the 2019 BEES will use about 30 percent less energy compared to the 2016 BEES (California Energy Commission 2018).

The Green Building Standards Code, also known as CALGreen, which requires all new buildings in the state to be more energy efficient and environmentally responsible, was most recently updated in July 2019. These comprehensive regulations are intended to achieve major reductions in interior and exterior building energy consumption.

Assembly Bill 2021 (Energy Efficiency Act of 2006)
This bill encourages all investor-owned and municipal utilities to aggressively invest in achievable, cost-effective, energy efficiency programs in their service territories.

Assembly Bill 1493 (Pavley I Rule)
AB 1493 was enacted on July 22, 2002. It requires the CARB to develop and adopt regulations that improve fuel efficiency of vehicles and light-duty trucks. Pavley I requirements apply to these vehicles in the model years 2009 to 2016.

Advanced Clean Cars
In January 2012, CARB adopted an Advanced Clean Cars program, which is aimed at increasing the number of plug-in hybrid cars and zero-emission vehicles in the vehicle fleet and on making fuels such as electricity and hydrogen readily available for these vehicle technologies.

Renewable Energy Legislation/Orders
The California Renewable Portfolio Standard Program, which requires electric utilities and other entities under the jurisdiction of the California Public Utilities Commission to meet 20 percent of their retail sales with renewable power by 2017, was established by SB 1078 in 2002. The renewable portfolio standard was accelerated to 20 percent by 2010 by SB 107 in 2006. The program was subsequently expanded by the renewable electricity standard

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approved by CARB in September 2010, requiring all utilities to meet a 33 percent target by 2020. The Legislature then codified this mandate in 2011 with the enactment of SB X1-2.

SB 350, adopted in September 2015, increases the standard to 50 percent by 2030. This same legislation includes statutes directing the California Energy Commission and Public Utilities Commission to regulate utilities producing electricity so that they will create electricitygeneration capacity sufficient for the widespread electrification of California’s vehicle fleet, as a means of reducing GHG emissions associated with the combustion of gasoline and other fossil fuels. The Legislature envisions a dramatic increase in the sales and use of electric cars, which will be recharged with electricity produced with increasingly cleaner power sources.

On September 10, 2018, former Governor Jerry Brown signed into law SB 100 and Executive Order B-55-18. SB 100 raises California’s Renewable Portfolio Standard requirement to 50 percent renewable resources target by December 31, 2026, and to achieve a 60 percent target by December 31, 2030. Executive Order B-55-18 establishes a carbon neutrality goal for California by 2045, and sets a goal to maintain net negative emissions thereafter.

Senate Bill 743
SB 743, which became effective September 2013, initiated reforms to the CEQA Guidelines to establish new criteria for determining the significance of transportation impacts that “promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses.” Specifically, SB 743 directed the Governor’s Office of Planning and Research to update the CEQA Guidelines to replace automobile delay—as described solely by level of service or similar measures of vehicular capacity or traffic congestion—with vehicle miles traveled (VMT) as the recommended metric for determining the significance of transportation impacts.

Local
GreenPoint Rated Building Guidelines
In 2008, the Town of Los Gatos adopted the GreenPoint Rated Building Guidelines. These guidelines address design, construction, and operation of new homes and remodels.

GreenPoint Rated is administered by Build It Green, a non-profit organization whose mission is to promote healthy, energy and resource efficient buildings in California.

GreenPoint Rated includes measures that give builders and contractors multiple pathways to achieve above-code, high-performing homes at GreenPoint Rated certified, silver, gold, and platinum levels, with additional recognition for net zero energy.

Town of Los Sustainability Plan
The Town adopted its Town of Los Gatos Sustainability Plan in 2012. The Sustainability Plan addresses the major sources of GHG emissions in Los Gatos and sets forth a detailed and long-term strategy that the Town and community can implement to achieve the GHG

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emissions reduction target set by the Town. The Sustainability Plan includes numerous GHG reduction measures that the Town is implementing over time to reduce GHG emissions, including measures that would directly or indirectly reduce electricity, natural gas and transportation fuel demand. Examples include green building, renewable energy, energy conservation, transportation and land use, and water and wastewater measures.

9.4 THRESHOLDS OF SIGNIFICANCE
CEQA Guidelines Appendix G is a sample initial study checklist that includes a number of factual inquiries related to the subject of energy resources, as it does on a whole series of additional environmental topics. Lead agencies are under no obligation to use these inquiries in fashioning thresholds of significance on the subject of energy resource impacts, or on any subject addressed in the checklist. Rather, with few exceptions, CEQA grants agencies discretion to develop their own thresholds of significance. Even so, it is a common practice for lead agencies to take the language from the inquiries included in Appendix G and to use that language in fashioning thresholds. The Town has done so here. Therefore, for purposes of this EIR, a significant impact would occur if implementation of the proposed project would:
 Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation; or
 Conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

Issues or Potential Impacts not Discussed Further
Conflict with State or Local Plan for Renewable Energy or Energy Efficiency
A multitude of state regulations and legislative acts are aimed at improving energy efficiency and enhancing energy conservation. While most of the energy-related legislation is enforced at the state level, the California Building Standards Code is enforceable at the local level by the Town of Los Gatos through the development review process. That enforcement is the primary mechanism through which the applicant will be required to implement statemandated energy efficiency/conservation measures that are within the control of the applicant and the city.

The City GreenPoint Rated building guidelines and Sustainability Plan function as relevant local plans for renewable energy and energy efficiency as both include related measures.

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The proposed project includes several renewable energy and energy efficiency features.

As described in Section 4.0, Project Description, the proposed project would include a centralized building heating and cooling system that would operate at efficiencies that exceed code requirements. In line with the Town’s prioritization of passive and active solar energy measures, and in keeping with state energy code requirements, a minimum of 15 percent of the total roof areas would be provided as “solar ready” surface. Per CALGreen requirements, 10 percent of all parking spaces would be designed with capacity to install electric vehicle charging stations. Further, the overall project would be designed to meet the minimum requirements to certify the project through the GreenPoint Rated system. Given these features, the proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. No further discussion is required.

9.5 ANALYSIS, IMPACTS, AND MITIGATION MEASURES
Energy Use
Energy Consumption - Operations
This analysis of project impacts from energy use is qualitative. The proposed project transportation fuel, electrical energy, and natural gas demand characteristics are evaluated relative to the baseline condition. This approach is being taken because the baseline use and the proposed project are of the same use type and have similar resident/employee capacity. If the proposed project demand is similar to or lower than the existing demand, a qualitative conclusion can be made that the proposed project does not result in excessive energy consumption. Where proposed project demand is greater than baseline demand, further examination of how the project must comply with uniform regulations for energy demand reduction is provided.

Transportation Energy Demand
Section 10.0, Greenhouse Gas Emissions, includes a review of the vehicle miles traveled (VMT) by all vehicles traveling to and from the site under baseline project conditions and proposed project conditions. In basic terms, the number of vehicle miles traveled on a daily or annual basis is the product of the average vehicle trip volume and average trip length.

VMT is an indicator of the magnitude of potential transportation fuel demand – as VMT increases, transportation fuel demand increases.

IMPACT
9-1
Proposed Project Results in the Consumption of
Energy Resources Less than Significant

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Since the baseline and the proposed project are the same use type, it is assumed that the average trip lengths for each would be similar. Thus, the difference between daily trip volumes for each condition becomes the primary variable for comparing their respective fuel demand characteristics. Table 3, Project Trip Generation, in the Los Gatos Meadows Transportation Analysis (Kimley-Horn 2020) included as an attachment to the initial study (see Appendix A), shows that the proposed project would result in a net increase of 10 daily vehicle trips relative to the baseline use. This is equivalent to the number of daily vehicle trips generated by a single-family home. Given this very minor change in VMT, the proposed project transportation fuel demand would similar to the baseline use.

Electricity Demand
The proposed project would replace the existing 205-unit senior community facility with a 191-unit senior community facility. While the proposed project has fewer units, its total building capacity is about 280,341 square feet greater than the existing facility (430,816 square feet proposed compared to 150,475 square feet existing). Electricity and natural gas demand commonly increase as building square footage increases. Consequently, the lower unit number is not inherently an indicator that electrical and/or natural gas energy demand from the proposed use would be lower than the existing use. Conversely, the existing use was constructed at a time when energy efficiency standards were much less stringent than under the current BESS, such that baseline electricity demand would be higher than an equivalent project constructed under the current standards.

Electricity demand for baseline and proposed project conditions were estimated using CalEEMod. The CalEEMod results for each run are contained in Appendix D, with electricity demand calculations shown in Section 5.3, Energy by Land Use – Electricity. Baseline electricity demand is estimated at about 880,680 kilowatt hours per year. Baseline demand was calculated based on Title 24 energy efficiency requirements in effect in 2005, the earliest year for which Title 24 regulations are provided as a model run option. Since the existing facility was constructed in the early 1970s, the 2005 Title 24 regulations do not reflect the much less stringent building energy efficiency regulations in place at that time. Therefore, the baseline conditions result likely underestimates actual baseline electricity demand.

With more square footage of building floor area plus a new parking garage, the proposed project demand is estimated at 1,405,158 kilowatt hours per year. Proposed project demand is greater than the baseline demand.

Natural Gas Demand
Natural gas demand for baseline versus proposed project conditions is also shown in the CalEEMod results in Appendix D, with natural gas demand calculations shown in Section 5.2, Energy by Land Use – Natural Gas. For baseline conditions, demand was estimated at 5,308,540,000 British Thermal Units per year, or 5,308 therms per year. Like

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electricity demand, baseline demand was calculated based on Title 24 requirements in effect in 2005, which do not reflect the much lower building energy efficiency regulations in place when the existing facility was constructed. Therefore, the baseline natural gas demand is likely underestimated. The proposed project demand is estimated at 1,544,370,000 British Thermal Units, or 1,544 therms. Proposed project demand is notably lower than the baseline demand.

Energy Consumption - Construction
During construction, diesel and gasoline use in construction equipment, construction material transport vehicles, portable power generation systems, and worker vehicles would be the primary source of energy use. Construction energy demand would be higher for the proposed project than for typical development on vacant land because the existing facility must first be demolished.

The Environmental Protection Agency regulates diesel engine design and fuel composition at the federal level, and has adopted multiple tiers of emission standards that result in reduced fuel consumption. Generally, California policy and regulations are as or more comprehensive and stringent than federal actions. At the state-level, the California Air Resources Board enforces off-road diesel engine vehicle and equipment regulations.

Representative legislation and standards for improving transportation fuel efficiency of offroad vehicles includes, but is not limited to the Truck and Bus Regulation, Regulation for InUse Off-Road Diesel-Fueled Fleets, and Portable Equipment Registration Program. The California Air Resources Board also regulates on-road vehicles including passenger cars, light-duty trucks, and medium-duty vehicles that would be used by construction workers.

Representative legislation and standards for improving transportation fuel efficiency of onroad vehicles includes, but is not limited to the Pavley standards and the Advanced Clean Cars program.

Conclusion
The proposed project would have similar operational transportation fuel demand and lower natural gas demand than the baseline use. Therefore, the proposed project would have no impact with regard to demand for these types of energy.

The proposed project would have greater electricity demand than the baseline use. However, the increased demand is not wasteful, inefficient or unnecessary. The proposed project is a common land use development type whose energy demand would not be excessive. The proposed use would provide a community resource, senior housing, on a site that has already been developed for the same use and is designated for such use by the Town. Thus, the proposed use is not considered to be unnecessary or excessive. Further, the proposed project includes several design features that would reduce energy demand, including

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electricity demand, and its design must conform to a range of regulations designed to improve energy efficiency, including the BESS and CALGreen. The Town of Los Gatos enforces the BESS and CALGreen through the development review process.

Given the considerations summarized above, the proposed project would have a less-thansignificant impact from wasteful, inefficient, or unnecessary energy resource demand during operations and construction.

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10.0 Greenhouse Gas Emissions
The proposed project is of the same use type and of similar development intensity as the existing senior living community that was constructed on the site in the early 1970s. The existing use is considered to be the baseline condition. Because the baseline use and proposed project are similar, a detailed, quantified operational analysis of greenhouse gas (GHG) effects of the proposed project has not been conducted. Rather, the impact analysis and significance determination are based on a qualitative comparison of operational GHG effects of the proposed project relative to the baseline use. The extent to which the proposed use produced GHG emissions of substantially greater volume than the baseline use is the basis for determining impact significance. Construction GHG emissions are quantified and reviewed for significance.

Information in this section is derived primarily from project plans found in Appendix B, results of CalEEMod modeling found in Appendix D, and the Los Gatos Meadows Transportation Analysis (Kimley-Horn 2020) found in an appendix to the initial study found in Appendix A to this EIR.

No comments regarding GHG emissions were received in response to the notice of preparation. The notice of preparation and comment letters are included in Appendix A.

10.1 ENVIRONMENTAL SETTING
This section provides a general overview of climate change science, causes and effects of climate change, California and local GHG inventories, and GHG emissions produced from the current use of the project site.

Climate Change Science
The international scientific community has concluded with a high degree of confidence that human activities are causing an accelerated warming of the atmosphere. The resulting change in climate has serious global implications and consequently, human activities that contribute to climate change may have a potentially significant effect on the environment. In recent years, concern about climate change and its potential impacts has risen dramatically.

That concern has translated into a range of international treaties and national and regional agreements aimed at diminishing the rate at which global warming is occurring. The federal

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government, under former President Obama, began to tackle concerns about climate change through a range of initiatives and regulatory actions. Many states and local agencies, private sector interests, and other public and private interests have also taken initiative to combat climate change. At the state level, California has taken a leadership role in tackling climate change, as evidenced by the programs outlined in the Regulatory Setting section below.

Causes of Climate Change
The greenhouse effect naturally regulates the Earth’s temperature. However, human activity has increased the intensity of the greenhouse effect by releasing increasing amounts of GHGs into the atmosphere. GHGs can remain in the atmosphere for decades or even hundreds of thousands of years (depending on the particular GHG). The GHG emissions that are already in the atmosphere will continue to cause climate change for years to come, just as the warming being experienced now is the result of emissions produced in the past. Climatic changes are happening now and are projected to increase in frequency and severity before the benefits of GHG emission reductions will be realized. Increased concentrations of GHGs in the atmosphere result in increased air, surface, and ocean temperatures. Many of the effects and impacts of climate change stem from resulting changes in temperature and meteorological responses to those changes.

Effects of Climate Change
Increased concentrations of GHGs in the atmosphere result in increased air, surface, and ocean temperatures. Many of the effects and impacts of climate change stem from resulting changes in temperature and meteorological responses to those changes.

Rising Temperatures
The Intergovernmental Panel on Climate Change, which includes more than 1,300 scientists from the United States and other countries, estimated that global temperatures have increased by about 2 degrees Fahrenheit (°F) during the 20th century (NASA 2020). The Intergovernmental Panel on Climate Change forecasts indicate that global temperatures can be expected to continue to rise between 2.5 and 10°F over the next century. According to the California’s Fourth Climate Change Assessment: Statewide Summary Report (2019), average temperatures in California are projected to increase 5.6°F to 8.8°F by 2100.

According to Cal-Adapt, a climate change projection modeling tool developed by California Energy Commission, temperatures in Los Gatos have historically (1961-1990) averaged about

70.5°F. Average temperatures are projected to rise between 3.9 and 6.9°F by 2099, based on medium and high emissions scenarios. Los Gatos has historically experienced four extreme heat days per year (over 97.0°F). The model projections fluctuate on an annual basis. The number of extreme heat days per year is expected to increase to 11 days by 2099 (Cal-Adapt 2021a).

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Reduced Snowpack
The Sierra Nevada snowpack acts as a large natural reservoir that stores water during the winter and releases it into rivers and reservoirs in the spring and summer. It is expected that there will be less snowfall in the Sierra Nevada and that the elevations at which snow falls will rise. Similarly, there will be less snowpack water storage to supply runoff water in the warmer months. It has already been documented that California’s snow line is rising. More precipitation is expected to fall as rain instead of snow, and the snow that does fall will melt earlier, reducing the Sierra Nevada spring snowpack. The spring snowpack in the Sierra Nevada decreased by 10 percent in the last century and may decrease as much as 70 to 90 percent by 2100 (Cal-Adapt 2021b). It is estimated that for each 1.8°F increase in Earth’s average temperature, the Sierra snowpack will retreat 500 feet in elevation and an overall reduction of 25 to 40 percent reduction in snowpack by 2050 is projected. The Sierra Nevada snowpack provides approximately 80 percent of California’s annual water supply. The rapid decrease in snowpack and spring melt poses a threat to groundwater resources in many parts of the state where rivers that recharge groundwater with melt water from the Sierra Nevada will have reduced groundwater recharge potential.

Water Supply
Climate change is expected to increase pressure on and competition for water resources, further exacerbating already stretched water supplies. Decreasing snowpack and spring stream flows and increasing demand for water from a growing population and hotter climate could lead to increasing water shortages. Water supplies are also at risk from rising sea levels. Competition for water between cities, farmers, and the environment is expected to increase.

Anticipated changes to source water conditions including more intense storm events, longer drought periods, reduced snowpack at lower elevations, and earlier spring runoff will likely impact the quality of the source waters. Changes in source water quantity and quality may result in increased treatment needs and increased treatment costs.

Precipitation Levels
Precipitation levels are difficult to predict compared to other indicators of climate change.

Annual rain and snowfall patterns vary widely from year to year, especially in California.

Generally, higher temperatures increase evaporation and decrease snowfall, resulting in a drier climate. On average, Cal-Adapt projections show little change in total annual precipitation in California (Cal-Adapt 2021c). Furthermore, among several models, precipitation projections do not show a consistent trend during the next century. The Mediterranean seasonal precipitation pattern is expected to continue, with most precipitation falling during winter from North Pacific storms. One of the four climate models projects

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slightly wetter winters, and another model projects slightly drier winters with a 10 to 20 percent decrease in total annual precipitation. However, even modest changes would have a significant impact because California ecosystems are conditioned to historical precipitation levels and water resources are nearly fully utilized.

The Los Gatos area has historically averaged about 29.0 inches of rainfall per year. That number is forecast to average about 38.6 inches by the end of the century (Cal-Adapt 2021c).

More Frequent and Extreme Storm Events
Extreme weather is expected to become more common throughout California as a result of climate change. More extreme storm events are expected to increase water runoff to streams and rivers during the winter months, heightening flood risks. Warmer ocean surface temperatures have caused warmer and wetter conditions in the Sierra Nevada, increasing flood risk. Strong winter storms may produce atmospheric rivers that transport large amounts of water vapor from the Pacific Ocean to the California coast. As the strength of these storms increases, the risk of flooding increases.

Sea Level Rise
Sea level rise is one of the most significant effects of climate change. Sea level has been rising over the past century, and the rate has increased in recent decades. Global mean sea level in 2017 was the highest annual average in the satellite era (since 1993) with a value of 77 millimeters above the 1993 average (Hartfield, Blunden, and Arndt 2018). Globally, sea levels are rising due to two main reasons: thermal expansion of warming ocean water and melting of ice from glaciers and ice sheets. Rising sea levels amplify the threat and magnitude of storm surges in coastal areas. Water infrastructure, often located along the coast or tidally-influenced water bodies, can be vulnerable to greater changes in storm surge intensity. The threat of flooding and damage to water infrastructure will continue to increase over time as sea levels rise and the magnitude of storms increase. Rising sea levels will create stress on coastal ecosystems that provide recreation, protection from storms, and habitat for fish and wildlife, including commercially valuable fisheries. Rising sea levels can also introduce new, or exacerbate existing, saltwater intrusion into freshwater resources.

Diminished Air Quality
Climate change is expected to exacerbate air quality problems by increasing the frequency, duration, and intensity of conditions conducive to air pollution formation. Higher temperatures and increased ultraviolet radiation from climate change are expected to facilitate the chemical formation of more secondary air pollutants from ground-level sources.

Conversely, decreased precipitation is expected to reduce the number of particulates cleansed from the air. Incidents of wildfires are expected to increase due to climate change, further contributing to air quality problems.

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According to the American Lung Association’s 2020 State of the Air report, nearly half of all Americans were exposed to unhealthy air in 2016-2018. The report found that California cities dominate the rankings of the nation’s most widespread air pollutants, ozone and particle pollution. In California, over 38 million residents live in counties where ozone or particulate pollution placed their health at risk (American Lung Association 2020).

Ecosystem Changes
Climate change effects will have broad impacts on local and regional ecosystems, habitats, and wildlife as average temperatures increase, precipitation patterns change, and more extreme weather events occur. Species that cannot rapidly adapt are at risk of extinction. As temperatures increase, California vegetation is expected to change. Desert and grassland vegetation are projected to increase while forest vegetation is projected to generally decline.

The natural cycle of plant flowering and pollination, as well as the temperature conditions necessary for a thriving locally adapted agriculture, may also be affected. Perennial crops, such as grapes, may take years to recover. Increased temperatures also provide a foothold for invasive species of weeds, insects, and animals.

Social Vulnerability to Climate Change
The impacts of climate change will not affect people equally. People exposed to the most severe climate-related hazards are often those least able to cope with the associated impacts, due to their limited resources and adaptive capacity. Climate change is expected to have a greater impact on larger populations living in poorer and developing countries with lower incomes that rely on natural resources and agricultural systems that will likely be affected by changing climates.

Certain groups in developed countries like the United States will also experience more impacts from climate change than others. People in rural areas are more likely to be affected by climate change related droughts or severe storms compared to their urban counterparts.

However, certain groups living in cities will also be at higher risk than others. Place of residence is another vulnerability indicator, as renters, households without air conditioning, households lacking access to grocery stores, households in treeless areas, and households on impervious land cover are also more vulnerable to climate change impacts.

Residents at greatest risk include children, the elderly, those with existing health problems, the socially and/or economically disadvantaged, those who are less mobile, and those who work outdoors. Place of residence is another vulnerability indicator, as renters, households without air conditioning, households lacking access to grocery stores, households in treeless areas, and households on impervious land cover are also more vulnerable to climate change impacts.

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Health Effects/Illness
As temperatures rise from global warming, the frequency and severity of heat waves will grow and increase the potential for bad air days, which can lead to increases in illness and death due to dehydration, heart attack, stroke, and respiratory disease. Additionally, dry conditions can lead to a greater number of wildfires producing smoke that puts people with asthma and respiratory conditions at risk of illness or death.

Higher temperatures and the increased frequency of heat waves are expected to significantly increase heat-related illnesses, such as heat exhaustion and heat stroke, while also exacerbating conditions associated with cardiovascular and respiratory diseases, diabetes, nervous system disorders, emphysema, and epilepsy. An increase of 10°F in average daily temperature is associated with a 2.3 percent increase in mortality. During heat waves mortality rates can increase to about nine percent. As temperatures in the area increase, vulnerable populations such as children, the elderly, people with existing illnesses, and people who work outdoors will face the greatest risk of heat-related illness.

As climate change affects the temperature, humidity, and rainfall levels across California, some areas could become more suitable habitats for insects (especially mosquitoes), ticks, and mites that may carry diseases. Wetter regions are typically more susceptible to vectorborne diseases, especially human hantavirus cardiopulmonary syndrome, Lyme disease, and West Nile virus.

Greenhouse Gas Types
GHGs are emitted by natural processes and human activities. The human-produced GHGs most responsible for global warming and their relative contribution to it are carbon dioxide, methane, nitrous oxide, and chlorofluorocarbons. The contribution of these GHGs to global warming based on the U.S. inventory of GHGs in 2018 (United States Environmental Protection Agency 2020) is summarized in Table 10-1, Greenhouse Gas Emissions Types and Their Contribution to Global Warming.

Table 10-1 Greenhouse Gas Emissions Types and Their Contribution to Global Warming
Greenhouse Gas Percent of all
GHG
Typical Sources
Carbon dioxide (CO2) 81 percent Combustion of fuels, solid waste, wood Methane (CH4) 10 percent Fuel production/combustion; livestock, decay of organic materials Nitrous Oxide (N2O) 7 percent Combustion of fuels, solid waste, agricultural/industrial processes Chlorofluorocarbons (CFCs) 3 percent Industrial processes SOURCE: United States Environmental Protection Agency 2020 NOTE: Percentages may not add up to 100 percent due to independent rounding.

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Greenhouse Gas Global Warming Potentials
Each type of GHG has a different capacity to trap heat in the atmosphere and each type remains in the atmosphere for a particular length of time. The ability of a GHG to trap heat is measured by an index called the global warming potential expressed as carbon dioxide equivalent. Carbon dioxide is considered the baseline GHG in this index and has a global warming potential of one.

The GHG volume produced by a particular source is often expressed in terms of carbon dioxide equivalent (CO2e). Carbon dioxide equivalent describes how much global warming a given type of GHG will cause, with the global warming potential of CO2 as the base reference. Carbon dioxide equivalent is useful because it allows comparisons of the impact from many different GHGs, such as methane, perfluorocarbons, or nitrous oxide. If a project is a source of several types of GHGs, their individual global warming potential can be standardized and expressed in terms of CO2e. Table 10-2, Greenhouse Gas Emissions Global Warming Potentials presents a summary of the global warming potential of various GHGs.

Table 10-2 Greenhouse Gas Emissions Global Warming Potentials GHG Atmospheric Lifetime
(Years)
Global Warming Potential
(100-Year Time Horizon)
Carbon Dioxide CO2 50-200 1
Methane CH4 12 (+/- 3) 21
Nitrous Oxide N2O 120 310
HFC-23 264 11,700
HFC-134a 14.6 1,300
HFC-152a 1.5 140
PFC Tetrafluoromethane CF4 50,000 6,500
PFC Hexafluoroethane C2F6 10,000 9,200
Sulfur Hexafluoride SF6 3,200 23,900
SOURCE: United Nations Framework Convention on Climate Change 2020 Methane has a global warming potential of 21 times that of carbon dioxide, and nitrous oxide has a global warming potential of 310 times that of CO2. The families of chlorofluorocarbons, hydrofluorocarbons, and perfluorocarbons have a substantially greater global warming potential than other GHGs, generally ranging from approximately 1,300 to over 10,000 times that of CO2. While CO2 represents the vast majority of the total volume of GHGs released into the atmosphere, the release of even small quantities of other types of GHGs can be significant for their contribution to climate change.

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Greenhouse Gas Inventories
California GHG Emissions Inventory
Based on the CARB’s current state GHG inventory data, a net of about 425.3 million metric tons (MMT) of CO2e were generated in California in 2018 (California Air Resources Board 2021e). In 2018, about 40 percent of all GHG gases emitted in the state came from the transportation sector. Industrial uses and electric power generation (in state generation and out of state generation for imported electricity) were the second and third largest categories at about 21 percent and 15 percent, respectively. The commercial and residential use sectors combined to generate about 10 percent of the 2018 emissions, while the agricultural sector contributed about 8 percent.

Los Gatos GHG Emissions Inventory
The Town conducted a GHG emissions inventory as part of its Town of Lost Gatos Sustainability Plan, which was adopted in 2012. More information about the Sustainability Plan is provided below. The inventory was compiled as a three-year average over the period 2006 to 2008, during which Los Gatos’s average annual communitywide GHG emissions were 381,640 metric tons CO2e (carbon dioxide equivalent). Transportation sources constituted about 65 percent of the total, with electricity and natural gas combined about 30 percent of the total.

Existing Sources of GHG Emissions within the Project Site The project site has historically been in use as a senior living community. The facility was last fully operational in 2019. It consists of 205 independent residential apartments and support care units, with ancillary dining and commons, infirmary, garage and services, multipurpose, and cottage buildings and facilities at a total building capacity of 150,475 square feet. At the time of full operation, the facility housed approximately 222 residents and employed up to 120 employees. The existing use is considered to be the environmental setting or baseline against which proposed project effects, including GHG impacts, can be compared. Operations of the existing use generated GHGs from transportation sources (e.g., vehicle trips by residents, visitors, employees, vendors, etc.), electricity and natural gas use, water use, wastewater treatment and solid waste disposal.

10.2 REGULATORY SETTING
The federal government has taken significant regulatory steps toward addressing climate change. Generally, California policy and regulations and regulations implemented at the regional and local levels are as or more comprehensive and stringent than federal actions; therefore, this section focuses on state, regional, and local regulatory actions whose implementation would lessen the contribution of the proposed project to climate change.

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State
Overall Statutory Framework
The California Legislature has enacted a series of statutes addressing the need to reduce GHG emissions across the State. These statutes can be categorized into four broad categories:
(i) statutes setting numerical statewide targets for GHG reductions, and authorizing CARB to enact regulations to achieve such targets; (ii) statutes setting separate targets for increasing the use of renewable energy for the generation of electricity throughout the state; (iii) statutes addressing the carbon intensity of vehicle fuels, which prompted the adoption of regulations by CARB; and (iv) statutes intended to facilitate land use planning consistent with statewide climate objectives. The discussion below will address each of these key sets of statutes, as well as CARB “Scoping Plans” intended to achieve GHG reductions under the first set of statutes and recent building code requirements intended to reduce energy consumption.

Statutes Setting Statewide GHG Reduction Targets
Assembly Bill 32 (Global Warming Solutions Act)
In September 2006, the California State Legislature enacted the California Global Warming Solutions Act of 2006, also known as AB 32. AB 32 establishes regulatory, reporting, and market mechanisms to achieve quantifiable reductions in GHG emissions and a cap on statewide GHG emissions. AB 32 requires that statewide GHG emissions be reduced to 1990 levels by 2020. This reduction will be accomplished through an enforceable statewide cap on GHG emissions that was phased in starting in 2012. To effectively implement the cap, AB 32 directs CARB to develop and implement regulations to reduce statewide GHG emissions from stationary sources.

Senate Bill 32
Effective January 1, 2017, Senate Bill (SB) 32 added a new section to the Health and Safety Code. It requires CARB to ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below those that occurred in 1990 no later than December 31, 2030.

Between AB 32 and SB 32, the Legislature has codified some of the GHG emissions reduction targets included within certain Executive Orders issued by prior governors. The 2020 GHG emissions reduction target in AB 32 was consistent with the second of three statewide GHG emissions reduction targets set forth in the 2005 Executive Order known as S-3-05. Executive Order S-3-05 included the following GHG emissions reduction targets: by 2010, reduce GHG emissions to 2000 levels; by 2020, reduce GHG emissions to 1990 levels; by 2050, reduce GHG emissions to 80 percent below 1990 levels. Executive Order, B-30-15, issued in 2015, created a new interim statewide greenhouse gas emission reduction target to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030. The 2030 GHG reduction target in SB 32 is consistent with the reduction target set forth in Executive Order B-30-15.

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The Legislature has not yet set a 2050 target, though references to a 2050 target can be found in statutes outside the Health and Safety Code. In 2015, the Legislature passed SB 350, which is discussed in more detail below. This legislation essentially puts into statute the 2050 GHG reduction target already identified in Executive Order S-3-05, albeit in the limited context of new state policies (i) increasing the overall share of electricity that must be produced through renewable energy sources and (ii) directing certain state agencies to begin planning for the widespread electrification of the California vehicle fleet. Section 740.12(a)(1)(D) of the Public Utilities Code now states that reducing GHG emissions to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050 will require widespread transportation electrification and that accelerating investments in transportation electrification is needed to reduce greenhouse gases to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050.

Statutes Setting Targets for the Use of Renewable Energy for the Generation of Electricity
In September 2002, the Legislature enacted SB 1078, which established the Renewables Portfolio Standard program, requiring retail sellers of electricity, including electrical corporations, community choice aggregators, and electric service providers, to purchase 20 percent of the State’s electricity from renewable energy resources such as wind, solar, geothermal, small hydroelectric, biomass, anaerobic digestion, and landfill gas.

In September 2006, the Legislature enacted SB 107, which modified the Renewables Portfolio Standard to require that at least 20 percent of electricity retail sales be served by renewable energy resources by year 2010. In April 2011, the Legislature enacted SB X1-2, which set even more aggressive statutory target that 33 percent of the State’s electricity come from renewables by 2020.

In 2015, the Legislature enacted SB 350. SB 350 encourages a substantial increase in the use of electric vehicles and increased the Renewable Portfolio Standard to require 50 percent of electricity generated to be from renewables by 2030. In 2018, former Governor Jerry Brown signed into law SB 100 and Executive Order B-55-18. SB 100 raises California’s Renewable Portfolio Standard requirement to 50 percent renewable resources target by December 31, 2026, and 60 percent by December 31, 2030. Executive Order B-55-18 establishes a carbon neutrality goal for California by 2045; and sets a goal to maintain net negative emissions thereafter.

In March 2012, former Governor Jerry Brown issued an Executive Order, B-16-12, which embodied a similar vision of a future in which zero-emission vehicles will play a big part in helping the state meet its GHG reduction targets. Executive Order B-16-12 directed state government to accelerate the market in California through fleet replacement and electric vehicle infrastructure. The Executive Order set the following targets:

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 By 2015, all major cities in California will have adequate infrastructure and be “zero-emission vehicles ready”;
 By 2020, the state will have established adequate infrastructure to support one million zero-emission vehicles in California;
 By 2025, there will be 1.5 million zero-emission vehicles on the road in California; and
 By 2050, virtually all personal transportation in the State will be based on zeroemission vehicles, and greenhouse gas emissions from the transportation sector will be reduced by 80 percent below 1990 levels.

In sum, California has set a statutory goal of requiring that, by the year 2030, 60 percent of the electricity generated in California should be from renewable sources, with increased generation capacity intended to be sufficient to allow the mass conversion of the statewide vehicle fleet from petroleum-fueled vehicles to electrical vehicles and/or other zero-emission vehicles. The Legislature is thus looking to California drivers to buy electric cars, powered by green energy, to help the State meet its aggressive statutory goal, created by SB 32, of reducing statewide GHG emissions by 2030 to 40 percent below 1990 levels. Another key prong to this strategy is to make petroleum-based fuels less carbon intensive. A number of statutes in recent years have addressed that strategy. These are discussed below.

Statutes and California Air Resources Board Regulations Addressing the Carbon Intensity of Petroleum-based Transportation Fuels In July 2002, the Legislature enacted AB 1493 (Pavley Bill), which requires the maximum feasible reduction of GHGs emitted by passenger vehicles and light-duty trucks beginning with model year 2009. In September 2004, CARB approved regulations to reduce GHG emissions from new motor vehicles beginning with the 2009 model year. These regulations are commonly known as the “Pavley standards.” In September 2009, CARB adopted amendments to the Pavley standards to reduce GHG emissions from new motor vehicles through the 2016 model year. These regulations created what are commonly known as the “Pavley II standards.”
In January 2012, CARB adopted an Advanced Clean Cars program aimed at reducing both smog-causing pollutants and GHG emissions for vehicles model years 2017-2025. This program combined the control of smog-causing (criteria) pollutants and GHG emissions into a single coordinated set of requirements for model years 2015 through 2025. The regulations focus on substantially increasing the number of plug-in hybrid cars and zero-emission vehicles in the vehicle fleet and on making fuels such as electricity and hydrogen readily available for these vehicle technologies. The components of the Advanced Clean Cars program are the low-emission vehicle regulations that reduce criteria pollutants and GHG emissions from light- and medium-duty vehicles, and the zero-emission vehicle regulation,

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which requires manufacturers to produce an increasing number of pure zero-emission vehicles (meaning battery electric and fuel cell electric vehicles), with provisions to also produce plug-in hybrid electric vehicles in the 2018 through 2025 model years.

It is expected that the Advanced Clean Car regulations will reduce GHG emissions from California passenger vehicles by about 34 percent below 2016 levels by 2025, all while improving fuel efficiency and reducing motorists’ costs.

Statute Intended to Facilitate Land Use Planning Consistent with Statewide Climate Objectives
Senate Bill 375 (Sustainable Communities’ Strategy)
This 2008 legislation sets forth a mechanism for coordinating land use and transportation on a regional level for the purpose of reducing GHGs. The focus is to reduce miles traveled by passenger vehicles and light trucks. CARB is required to set GHG reduction targets for each metropolitan region for the year 2035. Each of California’s metropolitan planning organizations then prepares a sustainable communities’ strategy that demonstrates how the region will meet its GHG reduction target through integrated land use, housing, and transportation planning. Once adopted by the metropolitan planning organizations, the sustainable communities’ strategy is to be incorporated into that region’s federally enforceable regional transportation plan. If a metropolitan planning organization is unable to meet the targets through the sustainable communities’ strategy, then an alternative planning strategy must be developed that demonstrates how targets could be achieved, even if meeting the targets is deemed to be infeasible.

Local agencies that adopt land use, housing, and transportation policies that are consistent with and facilitate implementation of the related GHG reduction strategies in a sustainable communities strategy benefit through potential CEQA streamlining for qualifying projects proposed within their boundaries. Adoption of such policies can be a part of a general plan update or other similar policy adoption process. However, a local agency’s general plan is not required to be consistent with a sustainable communities strategy. 2017 Climate Change Scoping Plan
CARB has been tasked with preparing five-year strategies for how California will achieve GHG reductions embodied in key statewide GHG reduction target-setting legislation. With the passage of SB 32, the Legislature also passed companion legislation AB 197, which provides additional direction for developing CARB’s 2017 Scoping Plan. It reflects the 2030 target of reducing statewide GHG emissions by 40 percent below 1990 levels. The GHG reduction strategies in the plan that CARB will implement to meet the target include:
 SB 350 - achieve 50 percent Renewables Portfolio Standard by 2030 and doubling of energy efficiency savings by 2030;

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 Low Carbon Fuel Standard - increased stringency (reducing carbon intensity 18 percent by 2030, up from 10 percent in 2020);
 Mobile Source Strategy (Cleaner Technology and Fuels Scenario) - maintaining existing GHG standards for light- and heavy-duty vehicles, put 4.2 million zeroemission vehicles on the roads, and increase zero-emission buses, delivery and other trucks;
 Sustainable Freight Action Plan - improve freight system efficiency, maximize use of near-zero emission vehicles and equipment powered by renewable energy, and deploy over 100,000 zero-emission trucks and equipment by 2030;  Short-Lived Climate Pollutant Reduction Strategy - reduce emissions of methane and hydrofluorocarbons 40 percent below 2013 levels by 2030 and reduce emissions of black carbon 50 percent below 2013 levels by 2030;
 SB 375 Sustainable Communities’ Strategies - increased stringency of 2035 targets;  Post-2020 Cap-and-Trade Program - declining caps, continued linkage with Québec, and linkage to Ontario, Canada;
 20 percent reduction in greenhouse gas emissions from the refinery sector; and  By 2018, develop an Integrated Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink.

Building Code Requirements Intended to Reduce GHG Emissions California Energy Code
The California Energy Code (California Code of Regulations, Title 24, Part 6), which is incorporated into the California Building Standards Code, was first established in 1978 in response to a legislative mandate to reduce California's energy consumption. The California Energy Code is updated every three years by the California Energy Commission as the Building Energy Efficiency Standards (BEES) to allow consideration and possible incorporation of new energy efficiency technologies and construction methods. Increased energy efficiency results in decreased GHG emissions because energy efficient buildings require less electricity produced by fossil fuel powered power plants that generate GHGs.

The BEES apply to new construction of, and additions and alterations to, residential and non-residential buildings.

The current 2019 BEES went into effect on January 1, 2020. Residential and non-residential buildings permitted after January 1, 2020 are required to comply with the 2019 BEES. The 2019 BEES are structured to achieve the state’s goal that all new low-rise residential buildings (single-family homes) be zero net energy. That is, the amount of energy provided by on-site renewable energy sources is equal to the amount of energy used by the homes. For residential buildings, the 2019 BEES encourage demand responsive technologies including

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battery storage and heat pump water heaters and require improved building thermal envelopes through high performance attics, walls and windows. In non-residential buildings, the 2019 BEES update indoor and outdoor lighting making maximum use of LED technology.

Single-family homes built with the 2019 BEES will use about seven percent less energy versus those built under the 2016 BEES. Multi-family homes and non-residential buildings built under the 2019 BEES will use about 30 percent less energy compared to the 2016 BEES (California Energy Commission 2018).

California Green Building Standards Code
The purpose of the California Green Building Standards Code (California Code of Regulations Title 24, Part 11) is to improve building design and construction to reduce negative environmental impacts through sustainable construction practices. Design and construction categories include: 1) planning and design; 2) energy efficiency; 3) water efficiency and conservation; 4) material conservation and resource efficiency; and 5) environmental quality. The 2019 California Green Building Standards update instituted mandatory and voluntary environmental performance standards for all ground-up new construction of commercial, low-rise residential uses, and state-owned buildings, as well as schools and hospitals.

The mandatory standards require the following:
 Water conserving plumbing fixtures and fittings for indoor water use;  65 percent construction/demolition waste must be diverted from landfills;  Mandatory inspections of energy systems to ensure optimal working efficiency; and  Low pollutant-emitting exterior and interior finish materials such as paints, carpets, vinyl flooring, and particle boards.

The voluntary standards require the following:
 Tier I: on-site renewable energy generation, stricter water conservation requirements for specific fixtures, 65 percent reduction in construction waste, 10 percent recycled content, 20 percent permeable paving, 20 percent cement reduction, 90 percent resilient flooring systems, electric vehicle charging spaces, thermal insulation, and cool/solar reflective roof.
 Tier II: on-site renewable energy generation, stricter water conservation requirements for specific fixtures, 75 percent reduction in construction waste, 15 percent recycled content, 30 percent permeable paving, 25 percent cement reduction, 100 percent resilient flooring systems, electric vehicle charging spaces, thermal insulation, and cool/solar reflective roof.

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Regional/Local
Plan Bay Area 2040
Plan Bay Area 2040: Regional Transportation Plan and Sustainable Communities Strategy for the San Francisco Bay Area 2017-2040 (“Plan Bay Area 2040”) (Association of Bay Area Governments and Metropolitan Transportation Commission 2017) is the strategic update to Plan Bay Area: Strategy for a Sustainable Region, and it builds on earlier work to develop an efficient transportation network, provide more housing choices and grow in a financially and environmentally responsible way.

Plan Bay Area 2040 fulfills obligations under SB 375, the California Sustainable Communities and Climate Protection Act of 2008, which requires a sustainable communities strategy as a part of the regional transportation plan. The sustainable communities strategy must promote compact, mixed-use commercial and residential development. Two performance targets are mandated by SB 375: reduce its per-capita CO2 emissions from cars and light-duty trucks by 15 percent by 2040; and provide adequate housing by requiring the region to house 100 percent of its projected population growth by income level. Plan Bay Area 2040 integrates land use strategies by establishing priority development areas, and identifying how the Bay Area can accommodate residential growth through 2040.

Bay Area Air Quality Management District Clean Air Plan The air district adopted the 2017 Clean Air Plan on April 19, 2017. The 2017 Clean Air Plan defines a vision for achieving ambitious greenhouse gas reduction targets for 2030 and 2050, and provides a regional climate protection strategy that will put the Bay Area on a pathway to achieve those GHG reduction targets. The 2017 Clean Air Plan includes a wide range of control measures designed to decrease emissions of the air pollutants that are most harmful to Bay Area residents, such as particulate matter, ozone, and toxic air contaminants; to reduce emissions of methane and other “super-GHGs” that are potent climate pollutants in the near-term; and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.

There are 85 control measures in the 2017 Clean Air Plan, many of which are applicable only for regional or government implementation. The 2017 Clean Air Plan control measures that address GHG emissions include TR1: Clean Air Teleworking Initiative; TR 2: Trip Reduction Programs; TR19: Medium and Heavy Duty Trucks; TR 22: Construction, Freight, and Farming Equipment; BL1: Green Buildings; BL2: Decarbonize Buildings; BL4: Urban Heat Island Mitigation; and SL1: Short-Lived Climate Pollutants.

Town of Los Gatos Sustainability Plan
The Town adopted its Sustainability Plan in 2012. The Sustainability Plan is the Town’s guidance for addressing climate change. It sets forth a GHG emissions reduction target and identifies GHG reduction measures that together would achieve the reduction target. The

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Sustainability Plan was based on an emissions reduction goal associated with AB 32 for the year 2020. Therefore, it does not identify an emissions reduction target or related emission reductions needed for the Town to contribute to achieving the deeper emissions reductions needed between 2020 and 2030 that are needed to achieve the 2030 statewide emissions reduction goal identified in SB 32. Nevertheless, the Sustainability Plan still serves as an effective guide for reducing GHG emissions in the Town relative to baseline conditions.

The Sustainability Plan includes a variety of emissions reduction measures that address transportation and land use, green building, renewable energy, energy conservation, water and wastewater, solid waste, open space, purchasing, and community action. Most of the measures are to be implemented by the Town itself. However, several are within the control of individual developers and would apply to new development.

10.3 THRESHOLDS OR STANDARDS OF SIGNIFICANCE
CEQA Guidelines Appendix G is a sample initial study checklist that includes a number of factual inquiries related to the subject of greenhouse gas emissions, as it does on a whole series of additional topics. Lead agencies are under no obligation to use these inquiries in fashioning thresholds of significance on the subject of public services impacts, or on any subject addressed in the checklist. Rather, with few exceptions, CEQA grants agencies discretion to develop their own thresholds of significance. Even so, it is a common practice for lead agencies to take the language from the inquiries set forth in Appendix G and to use that language in fashioning thresholds. The Town of Los Gatos has done so here. Therefore, for purposes of this EIR, a significant GHG impact would occur if implementation of the proposed project would:
 Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or
 Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

10.4 ANALYSIS, IMPACTS AND MITIGATION MEASURES
This section includes information and data regarding GHGs that are relevant to the proposed project based on the thresholds of significance described above. The information and data are used as a basis for determining impact significance as described below.

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Generation of Greenhouse Gas Emissions
Operational GHG Analysis
This analysis of operational project impacts from generating GHGs is qualitative. It is based on comparing GHG emissions from the baseline condition to GHG emissions under proposed project conditions. This approach is being taken because the baseline use and the proposed project are of the same use type and have similar resident/employee capacity.

Taken together, transportation- and electricity-source GHG emissions constitute a substantial percentage of the total GHG emissions inventory for most land use projects. Therefore, the comparison focuses on these two GHG sources. The impact determination is based on the extent to which these emissions from the proposed project exceed those of the baseline use.

Transportation-Source GHG Emissions Comparison
Vehicle miles traveled (VMT) by all vehicles traveling to and from the site is an indicator of the magnitude of potential transportation-source GHG emissions volumes that were generated under baseline project conditions and that would be generated under proposed project conditions. In basic terms, the number of vehicle miles traveled on a daily or annual basis is the product of the average daily vehicle trip volume and average trip length. Since the baseline and the proposed project are the same use type, it is assumed that the average trip lengths for each would be similar. Thus, the difference between daily trip volumes for each condition becomes the primary variable for comparing their respective transportationsource GHG emissions. Table 3, Project Trip Generation, in the Los Gatos Meadows Transportation Analysis (Kimley-Horn 2020) found in an appendix to the initial study prepared for the project (see Appendix A), shows that the proposed project would result in a net increase of 10 daily vehicle trips relative to the baseline use. This is equivalent to the number of daily vehicle trips generated by a single-family home.

The GHG emissions volume generated by 10 daily vehicle trips is minor. For context, the air district’s 2017 CEQA Guidelines state that a single-family residential development with up to 56 homes (that would generate GHG emissions from mobile-source as well as non-mobile sources including electricity and natural gas) would be considered to have a less-thansignificant GHG impact. This GHG impact screening threshold is based on the air district’s year 2020 GHG emissions reduction target for the air basin, which in turn is based on AB 32.

The 2020 target is less rigorous than would be a current SB 32-based, year 2030 emissions reduction target for the air basin (refer to the Regulatory Setting section above for AB 32 and SB 32 summaries). Regardless, the screening threshold is a clear indicator that the net increase in mobile source GHG emissions volume from the proposed project would be minor.

IMPACT
10-1 Generate Greenhouse Gas Emissions Less than Significant

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Electricity-Source GHG Emissions Comparison
The existing facility was approved in 1969 and constructed in the early 1970’s. Building energy efficiency requirements at that time were substantially less stringent than the requirements with which the proposed project must conform (refer to the Regulatory Setting section above for summaries of current building energy efficiency and green building standards). Further, the carbon intensity of utility-provided electricity was substantially higher in the 1970s than is currently the case. Carbon intensity refers to the volume of GHG emissions produced per unit of electrical energy produced. As evidence, the carbon intensity of electricity generated in 2005 (the earliest year for which carbon intensity data is available as a model run option in CalEEMod) was 641 pounds CO2/kilowatt hour. The current default carbon intensity is 206 pounds CO2/kilowatt hour. Though the facility operated for approximately 35 years prior to 2005 when the carbon intensity of energy produced was even higher, the year 2005 is being used as a conservative reference point.

The CalEEMod results shown in Section 5.3, Energy by Land Use – Electricity, for baseline conditions and proposed project conditions (both found in Appendix D) allow comparison of GHG emissions volumes from electricity demand. GHG emissions from baseline operations are estimated at 257 metric tons CO2e per year. GHG emissions from the proposed project are projected at about 133 metric tons CO2e per year. Thus, GHG emissions from the proposed project would be below the baseline volume.

Conclusion
Transportation-source GHG emissions from the proposed project would be similar to the baseline use. Electricity-source GHG emissions from the proposed project would be substantially lower than the baseline use. Consequently, the proposed project would not likely result in GHG emissions that exceed the baseline use and would not generate new GHG emissions that would have a substantial impact on the environment. The project impact is less than significant. No mitigation measures are required.

Construction GHG Analysis
The air district’s 2017 CEQA Guidelines do not include a threshold of significance for construction GHG emissions. However, the air district recommends that construction GHG emissions be quantified and disclosed, and that their significance be determined.

Construction GHG emissions for the proposed project were quantified using CalEEMod.

Construction emissions are summarized in Section 2.1, Overall Construction, of the CalEEMod results in Appendix D. Over the approximate three-year project construction period, about 1,420 metric tons of CO2e would be produced.

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It is common practice to amortize construction emissions over the operational life of a project (commonly 30 years) and to then evaluate the sum of annual construction and annual operational emissions against a threshold of significance. Annual amortized emissions would be approximately 47 metric tons CO2e/year. Since annual operational emissions are expected to be very minor, construction emissions represent nearly the entire annual GHG emissions volume from the project.

The air district’s CEQA Guidelines include a bright line operational GHG emissions threshold of significance of 1,100 metric tons CO2e/year. This threshold is only applicable up to the year 2020 because the district’s guidance is based on achieving the statewide AB 32 GHG reduction target of 20 percent below 1990 levels by 2020. As described previously, the 2020 threshold is less rigorous than would be an updated bright line threshold of significance designed to achieve the 40 percent below 1990 statewide target defined in SB 32.

Nevertheless, at approximately four percent of the 2020 bright line threshold volume, annual project construction emissions would be so low that their impact would be less than significant.

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11.0 Noise
The discussion in this section is based upon information from the Town of Los Gatos 2020 General Plan and the Municipal Code (Chapter 16 – Noise). The Town did not receive any responses to the notice of preparation regarding noise.

11.1 ENVIRONMENTAL SETTING
Acoustic Fundamentals
When describing sound levels, the more common descriptors used are Day/Night Level (“DNL or Ldn”), and Community Noise Equivalent Level (“CNEL”). The descriptor Leq refers to the equivalent sound level, which contains the same total energy intensity of noise over any given period of time. DNL refers to the day/night average sound level during a 24-hour day, which is obtained after the addition of ten decibels, as a penalty, to the sound levels after 10 pm and before 7 am.

The CNEL is the average equivalent sound level during a 24-hour day, achieved after the supplement of five decibels to the sound level, as a penalty, in the evening from 7 pm to 10 pm. An additional ten decibels are also added to the sound level in the night, before 7 am and after 10 pm.

Effects of Noise on People
The effects of noise on people vary from person to person. Therefore, the common and most effective way to determine noise impacts is to compare a new noise, typically the noise created or generated by a project, to the existing noise within the area. Existing noise is also referred to as the “ambient” environment. As a general rule of thumb, a new noise would be less acceptable if it exceeds the current ambient noise level. At extreme noise levels noise can result in adverse physical and mental effects.

Baseline Noise Conditions
The project site is currently developed with a presently closed senior living community and is located within a rural, hillside residential area of Los Gatos; however, for purposes of this noise analysis, the baseline noise conditions are the conditions when the existing senior living community was operational. The ambient noise environment at the project site is

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generally quiet with varying levels of perceptible vehicle traffic noise from S. Santa Cruz Avenue and State Route 17 to the east (350 feet away) and southeast (500 feet away), respectively. According to General Plan Figure 4.10-3, Future Noise Contours, projected noise levels with 2020 buildout of the General Plan, immediately north and south of S. Santa Cruz Avenue, are projected to be 60 CNEL. Noise contours associated with State Route 17 are anticipated to be between 65 and 70 CNEL within a large portion of the project site according to General Plan Figure 4.10-3.

The nearest airports to the project site are Norman Y. Mineta San Jose International Airport, approximately 10.25 miles to the north, and Reid‐Hillview Airport, 12 miles to the northeast.

The project site is not located within an airport land use plan, within two miles of a public airport, or within the vicinity of a private airstrip.

11.2 REGULATORY SETTING
Section 3.0, Environmental Setting includes a consistency evaluation of the relevant environmental policies of the Town of Los Gatos 2020 General Plan and the Los Gatos Hillside Specific Plan. No other regulations associated with the proposed project’s noise impacts on the environment apply to the proposed project.

11.3 THRESHOLDS OR STANDARDS OF SIGNIFICANCE
CEQA Guidelines Appendix G is a sample initial study checklist that includes a number of factual inquiries related to the subject of noise, as it does on a whole series of additional topics. Lead agencies are under no obligation to use these inquiries in fashioning thresholds of significance on the subject of noise impacts, or on any subject addressed in the checklist.

Rather, with few exceptions, CEQA grants agencies discretion to develop their own thresholds of significance. Even so, it is a common practice for lead agencies to take the language from the inquiries set forth in Appendix G and to use that language in fashioning thresholds. The Town of Los Gatos has done so here. Therefore, for purposes of this EIR, a significant noise impact would occur if implementation of the proposed project would result in:
 Generation of a substantial temporary increase in ambient noise levels during construction activities in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or
 Generation of excessive groundborne vibration or groundborne noise levels during construction.

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In addition, the General Plan Noise Element includes a goal, policies and an action to address short-term construction noise impacts. Goal NOI-1 ensures noise from new development would not adversely affect existing land uses. Policy NOI-1.1 would minimize construction noise by requiring applicants to prepare an acoustical analysis for proposed projects. Policy NOI-5.1 protects residential uses from noise by requiring appropriate site design, sound walls and landscaping, and by using noise attenuating construction techniques and materials.

The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 am to 6:00 pm on weekdays, 9:00 am to 4:00 pm Saturdays, and prohibits construction activities on Sundays and holidays. The noise ordinance requires that no individual piece of equipment produce a noise level exceeding 85 dBA at 25 feet (Town Code Section

16.20.35(a)(1) and (c)).

Checklist Questions Deemed Not Applicable
 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, would the project expose people residing or working in the project area to excessive noise levels.

Since the project site is not located within an airport land use plan, within two miles of a public airport, or within the vicinity of a private airstrip, the proposed project would not expose residents or workers to excessive noise levels from airport or airstrip operations. No further discussion of this issue is necessary.

11.4 ANALYSIS, IMPACTS, AND MITIGATION MEASURES
This section includes information and data regarding noise that are relevant to the proposed project based on the threshold of significance described above. The information and data are used as a basis for determining impact significance and for the mitigation measures.

Effects Adequately Addressed in the Initial Study
As noted in the initial study prepared to evaluate the proposed project (see Appendix A), operational noise levels associated with the proposed project would be similar to the existing development while it was operational. Since the proposed project would not result in an increase in noise over baseline conditions, there would be no impacts associated with operational noise. Operational activities are also not expected to result in any vibration impacts at nearby sensitive uses.