N O T I C E

TOWN OF LOS GATOS ENVIRONMENTAL IMPACT REVIEW

MITIGATED NEGATIVE DECLARATION

LEAD AGENCY: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031

PROJECT TITLE: 930 University Avenue, Los Gatos Creekside Sports Park Conditional Use Permit Application U-11-008 Architecture and Site Application S-11-039 Mitigated Negative Declaration ND-11-006

PROJECT DESCRIPTION: The project site is an irregularly shaped lot bounded by University Avenue to the west, Los Gatos Creek to the east, a parking lot and commercial development to the north, and the Vasona Lake to the south. Access to the project site is provided via University Avenue to the west. The Santa Clara County Assessor’s Office identifies the site as Assessor Parcel Number 424-31-064. The project site encompasses 2.8 acres of land, and it is currently developed with a 4,292 square foot (s.f.) single-story office building, a 13,601 s.f. single-story warehouse/vehicle service garage (warehouse building with mezzanine level), and various small sheds/storage structures. The existing warehouse building includes a two-bay vehicle service garage, several offices and several storage rooms. The garage area was utilized for vehicle maintenance and storage of related automotive fluids, filters, parts washer, and tires. One hydraulic lift and one aboveground electric hoist are located within the garage. The existing buildings were constructed circa 1967. The facility was the base for telecommunications installation and repair technicians. Vehicles and repair equipment were stored and maintained within the main warehouse building, which also included offices. The Town of Los Gatos proposes to demolish all existing structures and construct a single sports field, a 41-space parking lot and drop-off zone, and restroom facility on the 2.8-acre site. The project site is zoned “Controlled Manufacturing” and project implementation would require approval of a Conditional Use Permit to allow operation of the proposed sports park. The site plan for this park is presented in Figure 2 of the Initial Study. Figure 3 of the Initial Study presents the proposed landscape plan, while the grading and drainage plan is shown in Figure 4 of the Initial Study. The only vehicle access to the site is proposed to be from University Avenue via a shared driveway that traverses the Extra Space Storage property located north of the site at 950 University Avenue. Pedestrian access to the site would be provided from University Avenue via a proposed sidewalk that would extend along the shared driveway, traversing the 950 University Avenue property, and from the Los Gatos Creek Trail via the proposed pedestrian bridge. Project plans propose a bridge crossing over Los Gatos Creek, located approximately 350 feet downstream from Vasona Dam (Figure 5 of the Initial Study). The bridge would connect the proposed park with the Los Gatos Creek Trail, which extends along the east side of Los Gatos Creek. The bridge

JULY, 2011 1 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE would be a freespan design with bridge abutments and access improvements located outside the high water mark of Los Gatos Creek (Figure 6 of the Initial Study). The Town has established specific guidelines for the proposed park’s design to ensure the timely and affordable development of a new Los Gatos community and youth sports and recreation facility at 930 University Avenue. These guidelines include: § Proposed uses at this facility shall address the active and unmet recreational needs in the Town's current supply of park facilities as defined by the Town's Parks, Open Space and Trails Inventory (dated 5/16/08). One multi-use sports field would be provided on the site. § Development would be done in such a manner as to reduce the maintenance requirements and environmental impacts of the facility, without compromising usability. o All landscaping would be drought tolerant. o Any lighting installed would be energy efficient. § Artificial turf is the preferred treatment for sports fields if sufficient funding is available. § Large-scale (stadium-type) lighting of turf areas would not be included as part of this facility. Security lighting of pathways and parking areas would be acceptable. § All existing buildings would be demolished. Any new structures would be modest in size to accommodate restrooms, concessions, storage and maintenance needs. § Safe, convenient access to the facility is a priority. o The University Avenue access driveway would be designed to accommodate vehicular, pedestrian, and bicycle access. o Provision of a pedestrian bridge across Los Gatos Creek would provide direct access to the Los Gatos Creek Trail and Vasona County Park. § Shared parking opportunities (with a property immediately north of the access driveway, 980 University Avenue) would be provided to accommodate overflow parking on weekends, when parking demand associated with scheduled games are expected to exceed the capacity of on-site parking facilities. § Musical and entertainment uses would not be allowed at this facility. The ongoing operation and maintenance of the entire facility would be fully covered through user fees and may be operated by an independent contractor or service provider Park Operations. Park hours are expected to be 9:00 a.m. to one-half hour past sunset during the week, and 8:00 a.m. to one-half hour past sunset on weekends. On weekends during the soccer fall and spring seasons, one game may be played at any given time. Team sizes will vary from 13 team members for U8’s up to 21 team members for U19’s. For games involving the older players, there would be, on average, 45 players, coaches, and referees plus spectators. The number of people at the field would increase at the transitions between games. The field may also be used for soccer practice during the week between 3:00 p.m. and one-half hour past sunset. Average practice usage is expected to be 42 players and 2 coaches, five nights a week during the soccer seasons. Tots may also use the field during the week when older children are in school, and for camps during the summer between 9:00 a.m. and one-half hour past sunset. DETERMINATION: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures listed below have been added to the project,

JULY, 2011 2 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE mitigating potential impacts to a less-than-significant level. An Environmental Impact Report will not be required. STATEMENT OF REASONS TO SUPPORT FINDING: 1. Aesthetics The principal public views of the project site are from University Avenue and the Los Gatos Creek Trail. However, the change in elevation and extensive landscaping along University Avenue, as well as riparian vegetation along the left (west) bank of Los Gatos Creek, help to screen views of the project site from these locations. Oak trees on the east side of University Avenue obscure views of the project site from motorists on University Avenue. Mature oak trees and dense riparian vegetation between Los Gatos Creek and the project site contribute to the aesthetic character and visual experience of recreational users of the Los Gatos Creek Trail. The proposed project would construct one sports field, a restroom, a 41-space parking lot, concrete walkways, and a pedestrian bridge over Los Gatos Creek on the subject property. The project also includes a small spectator seating area, an equipment storage area, and a trash enclosure area. The project plans include extensive landscaping and an irrigation system for new tree and ground cover plantings. Security lighting for pathways and parking would be installed as well; however, the project does not include lighting for the sports field, since no nighttime events would occur. Scenic Vistas. The proposed project would remove existing buildings and extensive asphalt surfaces on the property. The elimination of existing light industrial facilities and replacement with the recreational improvements as described above would be a beneficial aesthetic effect of the project. The proposed recreational use would be more consistent with the aesthetic character of the project area, as framed by the adjoining Los Gatos Creek and associated riparian corridor. The project would not have any adverse effects on a scenic vista. With regard to the construction of a pedestrian bridge across Los Gatos Creek, the proposed bridge would connect the existing Los Gatos Creek Trail to the new sports field facility, providing an alternate means of access to the sports field. This element of the project plan would reduce the need for vehicle access from University Avenue. The installation of the pedestrian bridge would require the removal of two trees on either side of Los Gatos Creek. The biological effects of tree removal for the bridge are discussed in Section 4, Biological Resources, of this study. The aesthetic effects of the pedestrian bridge would include interruption of vegetative screening between the project site and the Los Gatos Creek Trail as well as the reduced privacy of three adjacent homes in the residential neighborhood opposite the subject property. The project plans to retain and preserve all other trees in the vicinity of the pedestrian bridge to maximize the screening effects of existing trees and minimize the impacts of the project on biological resources in the Los Gatos Creek riparian corridor. As a result, the proposed project would not have a significant impact on a scenic vista in the community. Scenic Resources Within a State Scenic Highway. The project site adjoins University Avenue in Los Gatos. The proposed project would not affect scenic resources within a State-designated scenic highway. Visual Character. As described above, the existing visual character of the project site is typical of a light industrial development, encompassing expansive areas of asphalt paving and industrial structures that served the previous uses on the site. The proposed project would remove these facilities and redevelop the site for recreational use, with associated synthetic turf sports field, limited hardscape improvements, and a small parking lot. The project plans also include extensive landscape plantings that would redefine the visual character of the site. Overall, the project would have a beneficial effect on the visual character of the subject property.

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A 10-foot wide pedestrian bridge is proposed to extend to the east from the project site, across Los Gatos Creek, and connect with the Los Gatos Creek Trail. This bridge would be visible to recreational visitors on Los Gatos Creek Trail, and from three adjacent residences. Extensive riparian vegetation along this section of Los Gatos Creek would filter views of the bridge from the Trail. The rear yards of residences along Las Miradas Drive are separated from the Trail by fencing of various types and dimensions. While the proposed bridge could be visible from some residential rear yards depending on the extent of existing landscape screening, existing and future fencing and/or landscaping (required in Mitigation Measure LU- 1a) could screen views of the pedestrian bridge from the rear yards of these residences (see discussion under Section 10b, Project Consistency with Land Use Plans and Policies). Light or Glare. The proposed project would include exterior light fixtures along walkways and in the parking lot for public safety and security. There is no lighting proposed for the sports field and no nighttime events would be conducted at the sports field. Proposed lighting will be specifically reviewed as part of the Architecture and Site review process. To help maintain privacy at nearby residences and reduce the potential for disturbance due to nighttime lighting, final project plans will need to satisfy Town Code Section 29.10.09035, which prohibits the production of direct or reflected glare. 2. Agriculture and Forestry Resources The 2.8-acre project site is currently developed with an asphalt parking lot, warehouse/vehicle service garage, and various storage structures. Since the site is not in agricultural use and has no agricultural potential due to its small size and previous use, the project would not adversely affect any existing agricultural or forest resources or operations. Since the properties surrounding the project site are developed with commercial, residential, and recreational uses, the proposed project would not adversely affect other agricultural properties or result in the conversion of farmland to non-agricultural use. 3. Air Quality Air Quality Planning. The San Francisco Bay Area Air Basin is classified by the Bay Area Air Quality

Management District (BAAQMD) as non-attainment for ozone and inhalable particulates (PM10). To address these exceedances, the BAAQMD, in cooperation with the MTC and ABAG, prepared the Bay Area 2005 Ozone Strategy (BAOS) in September 2005 and Particulate Matter Implementation Schedule (PMIS) in November 2005. The PMIS discusses how the BAAQMD implements the California Air Resources Board’s 103 particulate matter control measures. In September 2010, the BAAQMD adopted the 2010 Bay Area Clean Air Plan (CAP), which updates the BAOS. The most recently adopted air quality plan in the Basin is the CAP. This CAP outlines how the San Francisco Bay Area will attain air quality standards, reduce population exposure and protect public health, and reduce GHG emissions. The consistency of the proposed project with the most recently adopted regional air quality plan, the CAP, is determined by comparing the project’s consistency with pertinent land use and transportation control measures contained in the CAP. Pertinent measures relate to evaluating impacts according to the BAAQMD’s CEQA Guidelines (impact evaluation presented below) and improvement of pedestrian and bicycle access to activity centers. The proposed bridge would be consistent with this latter measure as it would provide access to the proposed park from Los Gatos Creek Trail. The project’s construction-related and operational emissions were determined to not exceed the BAAQMD’s CEQA significance thresholds for criteria pollutants and PM2.5. Therefore, the proposed project’s emissions would be consistent with the BAAQMD’s CAP (the most recently adopted regional air quality plan). Also, the CAP is based on the Town’s General Plan in effect at the time the CAP was approved, and therefore, consistency of the project with the 2020 General Plan would indicate consistency with the 2010 CAP. While the proposed sports park use would be allowed under the current General Plan designation of Light Industrial, the level of development for the site is not defined by the General Plan. However, since there would be no population growth associated with the project, the project would not conflict with ABAG’s 2009 population

JULY, 2011 4 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE projections, and therefore, the project would not conflict with or obstruct implementation of the applicable air quality plan, and this impact is considered less than significant. Air Quality Standards. The BAAQMD is responsible for attaining and/or maintaining air quality in the San Francisco Bay Area Air Basin within Federal and State air quality standards. Specifically, the BAAQMD has the responsibility to monitor ambient air pollutant levels throughout the Basin and to develop and implement strategies to attain the applicable Federal and State standards. In June 2010, the BAAQMD adopted CEQA thresholds of significance and updated its CEQA Air Quality Guidelines, which provides guidance for assessing air quality impacts under CEQA. The recently adopted BAAQMD CEQA Guidelines (2011) outline screening criteria, and consider a project’s construction-related impact to be less than significant if it meets the screening level size, incorporates all Basic Construction Mitigation Measures, and does not include demolition, simultaneous occurrence of more than two construction phases, simultaneous construction of more than one land use type, extensive site preparation, or extensive material transport (more than 10,000 cy import/export). The project’s construction-related air pollutant emissions would result from demolition and surface disturbance. The proposed 2.8-acre sports park would fall below the applicable BAAQMD screening thresholds for construction-related criteria pollutant emissions (67 acres for park uses) and operational criteria pollutant emissions (2,613 acres for park uses). Since this is a sports park, which involves more intensive park uses, the project’s construction-related and operational emissions are estimated and compared to BAAQMD screening thresholds in Table 1 of the Initial Study. As shown in this table, the project’s construction-related and operational air pollutant emissions would not exceed the BAAQMD significance thresholds for criteria pollutants. However, the BAAQMD recommends the all Basic Construction Mitigation Measures be implemented for all construction projects, whether or not construction-related emissions exceed these significance thresholds. Therefore, the project would be required to implement Mitigation Measure AQ-1, Basic Construction Measures, to reduce the project’s construction-related emissions. Cumulative Air Quality Impacts. To address cumulative impacts on regional air quality, the BAAQMD has established thresholds of significance for construction-related and operational criteria pollutants and precursor emissions. These thresholds represent the levels at which a project’s individual emissions of criteria pollutants and precursors would result in a cumulatively considerable contribution to the SFBAAB’s existing air quality conditions. If daily average or annual emissions exceed these thresholds, the project would result in a cumulatively significant impact. Since the project’s construction-related and operational criteria pollutant emissions would not exceed BAAQMD significance thresholds (as indicated by the above screening criteria), the project’s contribution would be less than cumulatively considerable and therefore, less than significant. Exposure of Sensitive Receptors. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The California Air Resources Board (CARB) has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. Sensitive receptors within the immediate vicinity of the project site include residential uses and the Los Gatos Creek Trail located east of the site and across Los Gatos Creek, approximately 200 feet from the eastern project boundary. Otherwise, there are no schools, hospitals, or daycare centers within 1,000 feet of the project site nor are there any major sources of pollutants (such as a freeway/roadway carrying more than 10,000 vehicles per day or 1,000 trucks per day) located within 1,000 feet of the site.

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Due to the proximity of residential receptors to the site, a health risk screening analysis was completed in order to determine the health risks at the closest residential receptors to the east during project construction. The U.S. EPA’s SCREEN3 Model was used to estimate cancer and non-cancer health risks during project construction and results are presented in Table 2 of the Initial Study. Odors. Project construction would 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. Therefore, temporary impacts from nuisance diesel odors on adjacent residential receptors located 200 feet to the east are considered to be less than significant. According to the BAAQMD CEQA Guidelines, land uses associated with odor complaints typically include wastewater treatment plants, landfills, confined animal facilities, composting stations, food manufacturing plants, refineries, and chemical plants. The project would not include any uses identified by the BAAQMD as being associated with odors. No new or unusual sources of nuisance odors would be associated with the proposed recreational use. Therefore, the project’s potential for nuisance odor problems would be less than significant. Mitigation Measures – Air Quality (AQ). Although the project’s construction-related air pollutant emissions would not exceed the BAAQMD’s applicable significance thresholds, the following measures are recommended by the BAAQMD to reduce the project’s construction emissions: AQ-1: Basic Construction Measures. To limit the project’s construction-related dust and criteria pollutant emissions, the following BAAQMD-recommended Basic Construction Mitigation Measures shall be included in the project’s grading plan, building plans, and contract specifications: a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five 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. g. 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. h. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Mitigation Monitoring. Prior to issuance of any Grading Permit, the Director of Community Development shall be responsible for ensuring that all measures are properly incorporated into project plans and implemented during project construction. 4. Biological Resources

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This analysis is based on a single reconnaissance-level survey performed by Wood Biological Consulting in May 2011 and this Biological Assessment is included in Attachment 2 of the Initial Study. A Tree Inventory and Evaluation was completed by Arbor Resources in May 2011 and this evaluation is included in Attachment 3 of the Initial Study. Existing Conditions. The project site currently supports two vacant industrial buildings, paved parking lot and loading dock, and is surrounded by a 6 foot-tall chain-link fence. Within the fenceline, the subject property is nearly completely paved or developed; the only vegetation consists of three non-native London plane trees (Platanus acerifolia) growing in a planter area on the northeast corner of one building. However, canopies of native trees abut and, in some cases, overhang the fenceline to the east and west. A discussion of these plant communities and their associated wildlife is presented below. Immediately west of the subject property is a narrow band of coast live oak woodland. This stand is dominated by medium-aged oaks on a narrow hillside slope below University Avenue. This habitat is not extensive, consisting of an isolated stand restricted to an east-facing slope between University Avenue and the proposed sports park. A narrow band of coast live oak woodland is also present along the upper slopes of the Los Gatos Creek corridor. On site, this vegetation type conforms to the Quercus agrifolia Woodland Alliance as described by Sawyer, et al. (2009) and would be considered as an upland as classified in Cowardin, et al. (1979). An extensive corridor of riparian habitat associated with Los Gatos Creek occurs immediately east of the subject property. Although the sports park facilities would not encroach upon this habitat, the proposed pedestrian bridge would cross it. The section of Los Gatos Creek immediately adjacent to the subject property supports a narrow band of white alder riparian forest along both sides of the active channel, between the creek edge and flood terrace. Dominant species present include white alder, arroyo willow (Salix lasiolepis), red willow (Salix laevigata), black cottonwood (Populus trichocarpa), Fremont cottonwood (Populus fremontii), and western sycamore (Platanus racemosa). White alder riparian forest conforms to the Alnus rhombifolia Forest Alliance described by Sawyer, et al. (2009) and would be classified as palustrine forested wetland following Cowardin, et al. (1979). Coast live oak woodland and white alder riparian forest along Los Gatos Creek provide nesting and/or foraging habitat for a wide variety of wildlife species in the Santa Clara Valley. Bird species that utilize oak woodland/alder riparian forest include chestnut-backed chickadee (Poecile rufescens), oak titmouse (Baeolophus inornatus), California towhee (Melozone crissalis), Cooper’s hawk (Accipiter cooperi), sharp-shinned hawk (Accipiter striatus), white-tailed kite (Elanus leucurus) and great blue heron (Ardea herodias), among others. Oak woodland/alder riparian forests provide good foraging habitat and cover for herbivorous mammals such as western gray squirrel (Sciurus griseus nigripes), Botta’s pocket gopher (Thomomys bottae), black-tailed hare (Lepus californicus) and black-tailed mule deer (Odocoileus hemionus). Predators that utilize oak woodland/alder riparian forest include gopher snake (Pituophis catenifer), striped skunk (Mephitis mephitis) and bats such as pallid bat (Antrozous pallidus). The alder riparian forest habitat associated with Los Gatos Creek provides excellent habitat for passerine birds such as song sparrow (Melospiza melodia), Wilson’s warbler (Wilsonia pusilla), spotted towhee (Pipilo maculatus), Bewick’s wren (Thryomanes bewickii) and wrentit (Chamaea fasciata) and bats such as California myotis (Myotis californicus) and Yuma bat (Myotis yumanensis). Stream habitat combined with understory vegetation and woody debris within the riparian forest supports amphibians such as Pacific chorus frog (Pseudacris regilla), and California newt (Taricha torosa). Predators that likely utilize the riparian habitat include raccoon (Procyon lotor), gray fox (Urocyon cinereoargenteus), red- shouldered hawk (Buteo lineatus), and aquatic garter snakes (Thamnophis sp.), among others. Los Gatos Creek supports a variety of native and nonnative fishes. Species of native fish expected to be present in the reach of creek near the project site include rainbow trout (Oncorhynchus mykiss), Sacramento sucker (Catostomus occidentalis), riffle sculpin (Cottus gulosus) and California roach

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(Hesperoleucus symmetricus). Non-native fish species within the watershed that may be present in the creek include large-mouthed bass (Micropterus salmoides), mosquito fish (Gambusia affinis), green sunfish (Lepomis cyanellus) and carp (Cyprinus carpio). Los Gatos Creek and the associated riparian corridor provide a means for common and special-status wildlife species to move through the urban setting of the Santa Clara Valley. The corridor is bordered by light industrial, commercial, and residential development. The heavily used Los Gatos Creek Trail, a multi-use trail, runs along the east side of the creek from Vasona Reservoir downstream through and to the south of the project area. The trail is frequently used by walkers, joggers and mountain bikers. Several unofficial single-track trails stemming from the main paved trail traverse through the riparian habitat and extend down to the creek in a few areas. The reach of Los Gatos Creek and riparian corridor within the project area subjects wildlife in the area to regular human disturbance. Wildlife species that use this corridor for movement are thereby tolerant of a moderate level of disturbance. Special-Status Natural Communities. The potential for occurrence of a total of 39 special-status animal species was evaluated. No federally or State-listed, or fully protected animal species have been recorded as occurring on the subject property, although three species (steelhead [Central California Coast ESU], California red-legged frog and white-tailed kite) have been reported from the project vicinity. Although not expected to occur on site, further discussion of these species is provided in Attachment 2 of the Initial Study. Suitable habitat is present within the study area for 11 other special-status species (western pond turtle, Cooper’s hawk, oak titmouse, Nuttall’s woodpecker, Allen’s hummingbird, yellow warbler, saltmarsh common yellowthroat, San Francisco dusky-footed woodrat, pallid bat, hoary bat and Yuma myotis bat); these species are also discussed in detail in the Biological Assessment included as Attachment 2 of the Initial Study. Special-Status Plants. Special-status plant species include those listed as endangered, threatened, rare, or as candidates for listing by the U.S. Fish and Wildlife Service, the CDFG, and the CNPS. A summary of the special-status plant species evaluated for this project is presented in Attachment 2 of the Initial Study. The potential for occurrence of a total of 49 special-status plant species was evaluated. No federally or State-listed plant species or other special-status plant species have been recorded as occurring on the subject property or in the immediate vicinity. Based on the site’s long history of disturbance, the lack of suitable habitat and/or the fact that they would have been recognizable during the present survey, none of the target special-status plant species is considered to have any potential for occurrence in the proposed limits of grading or surface disturbance. No federally listed, State-listed, or other special-status plant species were detected and none is expected to occur within the project area. Although not expected, the presence of four special-status species in coast live oak woodland adjacent to the site cannot be ruled out; however, project implementation would not result in any significant impacts to special-status plant species. Special-Status Animals. Special-status animal species include those listed as endangered, threatened, rare, or as candidates for listing by the USFWS2 and/or CDFG. Other species regarded as having special- status include special animals, as listed by the CDFG. Additional animal species receive protection under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act (MBTA) and Migratory Bird Treaty Reform Act (MBTRA). The CFGC provides specific language protecting birds and raptors, “fully protected birds”, “fully protected mammals”, “fully protected reptiles and amphibians” and “fully protected fish”. The California Code of Federal Regulations prohibits the take of Protected Amphibians, Protected Reptiles and Protected Furbearers. Additional definitions are given in the California Environmental Quality Act. A detailed discussion of the special-status wildlife species evaluated for this project is presented in the appendices of Attachment 2 of the Initial Study.

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The potential for occurrence of a total of 39 special-status animal species was evaluated. No federally or State-listed, or fully protected animal species have been recorded as occurring on the subject property. Three species, steelhead (Oncorhynchus kisutch, central California coast ESU), California red-legged frog (Rana aurora draytonii), and white-tailed kite (Elanus leucurus), have been reported from the project vicinity. Of the remaining 25 special-status wildlife species (i.e., those not listed under CESA or FESA), one special-status reptile, six special-status birds and three special-status mammals were determined to have a potential to occur within the study area. These ten species include: western pond turtle (Actinemys marmorata), Cooper’s hawk (Accipiter cooperii), oak titmouse (Baeolophus inornatus), Nuttall’s woodpecker (Picoides nuttallii), Allen’s hummingbird (Selasporus sasin), yellow warbler (Dendroica petechia), saltmarsh common yellowthroat (Geothlypis trichas), San Francisco dusky-footed woodrat (Neotoma fuscipes annectens), pallid bat (Antrozous pallidus), and hoary bat (Lasiurus cinereus). Thirteen federally and/or State-listed endangered, threatened and fully protected species are known to occur in the region. However, the potential for occurrence of ten species can be ruled out because the subject property is outside of their geographic range and/or it does not provide suitable habitat. These species include Ohlone tiger beetle (Cicindela ohlone), Smith’s blue butterfly (Euphilotes enoptes smithi), bay checkerspot butterfly (Euphydryas editha bayensis), Mount Hermon June beetle (Polyphylla barbata), Zayante band-winged grasshopper (Trimerotropis infantilis), coho salmon (Oncorhynchus kisutch, central California coast ESU), steelhead (Oncorhynchus mykiss, south/central California coast ESU), California tiger salamander (Ambystoma californiense, Central Valley Distinct Population Segment [DPS]), golden eagle (Aquila chrysaetos), and American peregrine falcon (Falco peregrinus anatum). Based on the presence of suitable habitat on the subject property or in the project vicinity, and based on nearby records, detailed discussion of three federally or State-listed, or fully protected wildlife species, (steelhead [Oncorhynchus kisutch, central California coast ESU], California red-legged frog [Rana aurora draytonii], and white-tailed kite [Elanus leucurus]), is presented in Attachment 2 of the Initial Study. The potential for the disturbance of white-tailed kite during construction would be considered a potentially significant impact of site development. However, implementation of Mitigation Measures BIO-1, -2, and -3 would reduce these potentially significant impacts on special-status species to less than significant levels. Sensitive Habitat/Communities and Wetlands. Special-status natural communities are those that are considered rare statewide or within a county or region, support special-status plant or wildlife species, or receive regulatory protection. A summary of terrestrial natural communities, including special community types, is maintained by the CDFG (2010). Riparian habitats are considered by State and federal regulatory agencies to represent a rare and declining resource. Wetlands and riparian areas can serve significant biological functions by providing nesting, breeding, foraging, and spawning habitat for a wide variety of resident and migratory wildlife species. Impacts to stream channels with a defined bed and bank, as well as adjacent riparian vegetation, are addressed specifically by the CFGC and may be regulated under the Clean Water Act (CWA) and the Porter-Cologne Water Quality Control Act (Porter- Cologne). In their publication User Manual: Guidelines and Standards for Land Use Near Streams, the Santa Clara Valley Water Resources Protection Collaborative emphasizes the vital role of riparian vegetation in “maintaining stream stability, providing valuable wildlife habitat, and moderating downstream flooding,” as well as regulating water quality by filtering pollutants from stormwater, such as oil and grease from roadways, fertilizer runoff from lawns, and excess sediments from upstream. Specifically, the stream- side environment supports riparian vegetation and the functions riparian vegetation provides. At the project location, Los Gatos Creek is presumed to be a second order perennial stream and qualifies as a waters of the U.S. As such, the placement of fill below the OHWM would be regulated pursuant to the Clean Water Act (CWA) and would fall under the jurisdiction of the U.S. Army Corps of Engineers

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(USACE). As summarized by the USACE and U.S. Environmental Protection Agency (USEPA), both agencies assert jurisdiction over “non-navigable tributaries of traditional navigable waters that are relatively permanent where the tributaries typically flow year-round or have continuous flow at least seasonally (e.g., typically three months)” and “wetlands that abut such tributaries” (USEPA/USACE 2008). The extent of USACE jurisdiction normally corresponds to the OHWM. Activities that would result in the placement of fill into a waters of the U.S. below the OHWM are regulated under the CWA. Los Gatos Creek also qualifies as a waters of the State. As such, any impacts below the tops of bank would be regulated pursuant to the CFGC and would fall under the jurisdiction of the CDFG. Impacts would also be regulated pursuant to the CWA and the California Porter-Cologne Water Quality Act (Porter-Cologne), falling under the jurisdiction of the San Francisco Regional Water Quality Control Board (RWQCB). Regardless of federal or State jurisdiction, any construction activities near streams, must conform to the Guidelines, as adopted by the Town of Los Gatos. Although no wetlands or riparian vegetation is present within the proposed sports park site, riparian vegetation is immediately adjacent to the property’s eastern boundary. In addition, the proposed pedestrian bridge would pass through the riparian corridor and over Los Gatos Creek. Regardless of final design, the construction of a crossing over a surface tributary requires authorization under the State Lake and Streambed Alteration Program. The current conceptual design shows bridge abutments to be located 5 feet outside of the top of bank. If a future design is modified to require construction below the top of bank or the OHWM, authorization under the CWA and Porter-Cologne may also be required. Within the study area, the channel of Los Gatos Creek represents a riparian corridor from the top of bank and below, and also includes the outward extent of riparian vegetation. Although grading for the proposed pedestrian bridge abutments would not result in direct impacts to wetlands or waters of the U.S./waters of the State, it would occur at or below the tops of bank of Los Gatos Creek. The extent of the riparian zone is shown in Figure 3 of Attachment 2 to the Initial Study. Under the CWA, the USACE would exert regulatory jurisdiction over that portion of the channel falling between the limits of the OHWM. Construction of the proposed pedestrian bridge, abutments, and approaches will be sited to minimize the need for removal of riparian trees. The proposed crossing location represents the one gap in the riparian canopy adjacent to the project, supporting relatively small coast live oaks along with the non-native French broom and Himalayan blackberry. It is expected that the bridge can be constructed with minimal disruption or removal of trees in the riparian zone, and no wetlands would be directly or indirectly affected by construction of the bridge. Project implementation would not require the placement of fill below the Ordinary High Water Mark (OHWM). The construction of the proposed pedestrian bridge may potentially affect the habitat value of this section of Los Gatos Creek. However, implementation of Mitigation Measures BIO-4 and -6 would reduce these potentially significant impacts on sensitive habitats to a less than significant level. Fish and Wildlife Movement, Corridors, Nursery Sites. Under CEQA, impacts are considered significant if the project would interfere substantially with the movement of 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. Wildlife corridors (i.e. linear habitats that naturally connect and provide passage between two or more large habitats or habitat fragments) are important for persistence of wildlife overtime. Wildlife must have access to adequate resources, and corridors are used to find suitable forage, nesting and resting sites, mates and new home ranges. In addition, corridors for dispersal within breeding populations will decrease the likelihood that subpopulations will go extinct or become locally extirpated. Even where patches of pristine habitat are fragmented, as commonly occurs with riparian vegetation, wildlife movement between populations is facilitated through habitat linkages, migration corridors and movement corridors.

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Wildlife movement includes migration (i.e., usually one direction per season), inter-population movement (i.e., long-term genetic exchange) and small travel pathways (i.e., daily movement within an animal’s home range). Daily movement patterns define an animal’s home range where activities such as foraging, resting and conspecific (individuals of the same species) interactions occur. Generally, longer movements usually occur by dispersing individuals to connect breeding populations, permitting gene flow between these subpopulations. Corridors generally provide adequate habitat for animals to disperse until reaching an area large enough to establish home ranges. Corridors are different depending on what type of organism may use it; a corridor for a butterfly or bird may be a series of “stepping stones” of suitable habitat, while a terrestrial vertebrate may need a continuous band of suitable habitat for successful movement. Habitat loss, fragmentation, and degradation resulting from a change in land use or habitat conversion can alter the use and viability of corridors. Implementation of the avoidance and Mitigation Measures BIO-5 and -6 described below would reduce these impacts to a less-than-significant level. Tree and Biological Protection Ordinances. The Town of Los Gatos Tree Protection Ordinance (Town Ordinance 2114) stipulates that the removal of “protected” trees is prohibited without a permit. According to Arbor Resources, a total of 21 trees of various species were inventoried within and adjacent to the limits of the proposed project (see Attachment 3 of the Initial Study). In relation to the proposed development of a vacant lot or undeveloped property, any tree with a four-inch diameter or greater meet the definition of a protected tree. Of the 21 trees identified Arbor Resources, 20 qualify as protected trees. Each tree was assigned either a “high,” “moderate” or “low” rating for suitability for preservation, based on their physiological health, structural integrity, anticipated life span, location, size and specie type. Six trees (or 28%) were rated “high”, nine trees (43%) were rated “moderate” and six trees (29%) were rated “low”. As proposed, project implementation would require the removal of seven (7) protected trees as well as resulting in grading or other surface impacts within the Tree Protection Zone of other protected trees. Such removal is defined by the Tree Protection Ordinance as a significant impact and the project would be subject to ordinance tree replacement requirements (Mitigation Measure BIO-7) to reduce this impact to a less-than-significant level. As part of the project planning process, the proposed pedestrian bridge location was revised to avoid three sizable trees, one coast live oak (#18) and two eucalyptus (#16 and 17), as recommended by Arbor Resources. The preservation of these trees promotes retention of extensive canopy cover as part of the project design. However, it is possible that these trees or any trees in proximity to proposed development would be adversely affected by proposed construction activities. Therefore, the Town will be required to implement tree protection measures specified in Mitigation Measure BIO-7 to reduce this impact to a less-than-significant level. Habitat Conservation Plans. The proposed project would not be in conflict with any approved local, regional, or state habitat conservation plan. Mitigation Measures – Biological Resources (BIO). The measures outlined below shall be implemented to avoid or minimize impacts to biological resources during project implementation. With the incorporation of the following measures, significant impacts on these species would be reduced to less than significant: BIO-1: Special-status Reptiles. The following avoidance measures shall be required to avoid the project’s potential effects on the western pond turtle. a. A qualified biologist should conduct a preconstruction survey for western pond turtles immediately prior (i.e., the same day that construction commences) to vegetation clearing and construction activities within the riparian corridor. If western pond turtles are detected within the work area, no work should occur until they have been relocated outside of the work area. Western pond turtles should be relocated to a safe location outside the work area, but should not be translocated to another location other than Los

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Gatos Creek. Only a biologist in possession of a valid Scientific Collecting Permit should handle or translocate western pond turtles. b. Best Management Practices (BMPs) to prevent pollutants, construction materials or debris from entering the creek and storm drains shall be installed prior to the initiation of work and properly maintained.. BIO-2: Special-status and Migratory Bird Species. The following avoidance measures shall be required to avoid the project’s potential effects on migratory and special-status bird species. a. The removal of trees and shrubs shall be minimized to the extent practicable. b. If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season (i.e., September 1 and January 31) to avoid impacts to nesting birds. c. If project site clearing and construction activities begin during the breeding season (i.e., February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300-foot buffer, as feasible, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning/grubbing or surface-disturbing activities. If no active nests are detected, no further surveys or monitoring is necessary. d. If active nests, i.e. nests with eggs or young birds present, are found, non-disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair’s tolerance to disturbance and the type/duration of potential disturbance. No work shall occur within the non-disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the CDFG and the USFWS, but is typically recognized as 50 feet for songbirds and 300 feet for raptors. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the CDFG and the USFWS Migratory Bird Permit Office should be contacted for further guidance.

BIO-3: Special-status Bats. The following avoidance measures shall be required to avoid the project’s potential effects on special-status bat species. a. The removal of potential roosting habitat including mature trees, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc should be minimized to the extent practicable. b. Preconstruction surveys shall be conducted to identify if bats are using the existing structures for roosting. If no evidence of roosting is detected, no further avoidance or minimization measures are necessary. If bats are using on-site structures for roosting, CDFG should be contacted for authorization to modify the roosting habitat to discourage bats from roosting within the structures. BIO-4: Wildlife Habitat. The following avoidance measures shall be required to avoid the project’s potential effects on wildlife habitat. a. Use of the sports field facilities should be restricted to daylight hours only. Both parking lot and pedestrian bridge access should be restricted during nighttime. b. Nighttime lighting should be restricted to low wattage, ground-directed lighting, using the minimum necessary for safety. No high wattage overhead lights should be used. All lighting should be directed away from the riparian corridor.

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c. Waste receptacles should be wildlife resistant and should be emptied daily following sporting events. BIO-5: Waters of the U.S. and the State. The following avoidance measures shall be required to reduce the project’s potential effects on jurisdictional waters of the U.S. and the State: a. The limits of USACE and CDFG/RWQCB jurisdiction shall be clearly identified on grading and construction plans. A preliminary jurisdictional determination should be made to determine the channel widths at the OHWM, between the tops of bank, and the extent of the riparian zone in order to establish the limits of federal and State jurisdiction, respectively. b. To the extent feasible, all grading and filling impacts below the tops of bank and below the OHWM should be avoided or minimized. c. Construction of a new pedestrian bridge requires authorization by the CDFG under the Lake and Streambed Alteration Program. A permit from the CDFG must be obtained before work within the jurisdictional area may proceed and all permit conditions shall be conformed to. d. If no grading or construction below the tops of bank is required, authorization by the RWQCB is not required. However, the RWQCB should be notified of the proposed project activities in advance to allow that agency to review the project and to make a final determination of their jurisdiction. If grading or construction below the tops of banks is proposed, authorization by the RWQCB would be required. e. If the placement of fill or cut-and-cover trenching below the OHWM are proposed, conformance with the CWA (Sections 404 and 401) is required. Permits from the USACE, CDFG and RWQCB must be obtained before work within the jurisdictional area may proceed. All permit conditions shall be conformed to. f. To prevent accidental incursion by construction equipment below the tops of bank, construction fencing or a similar visual barrier should be installed on both creek banks to separate the channel from the permitted work areas. g. Under no circumstances shall spoils, waste asphalt, gravel, paving materials or other construction materials or debris be placed, even temporarily, along or below the top of bank of the creek. h. The Town of Los Gatos routinely requires implementation of protective measures for all projects adjacent to stream course. For all work adjacent to stream channels, best management practices (BMPs) shall be implemented to prevent bank erosion, sedimentation, and accidental incursion by construction equipment below the tops of bank. Such measures may include installation of silt fencing, hay bales, straw wattles or other protective devices to prevent the downslope migration of silt or sediment from the construction site. i. All storm water treatment facilities must be in accordance with local and regional water quality standards to ensure there is no release of contaminants into the aquatic environment. Stormwater discharge shall not be permitted beneath the canopies of oak trees. BIO-6: Riparian Habitat. The following avoidance measures shall be required to reduce the project’s potential effects on riparian habitat adjoining the project site and potentially affected by the construction and operation of a pedestrian bridge that would serve the sports field.

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a. Avoidance measures outlined for impacts on waters of the U.S./waters of the State, outlined above, shall be implemented. b. Grading, filling and trenching within the dripline of riparian trees should be avoided or minimized. Prior to issuance of a grading permit, all unavoidable grade-altering activities shall be reviewed by the Town. c. Orange construction fencing or a similar visual barrier shall be installed to prevent accidental grading or movement of equipment beyond what is specified on the grading plans and approved under the grading permit. d. All permitted excavation within the dripline of any riparian trees shall be performed using only rubber-wheeled equipment of the smallest size needed to conduct the work. Tree trunks shall be wrapped or otherwise shielded to protect against damage. Any approved trenching within the dripline of any riparian trees shall be performed using hand tools. Roots of native oaks two inches in diameter or greater shall not be severed and shall be protected by wrapping in moist burlap. Roots smaller than two inches in diameter may be cut; cuts shall be clean and at right angles to the root axis. BIO-7: Tree Replacement and Protection. All of the recommendations made by Arbor Resources (May 26, 2011) will be implemented to eliminate or minimize the construction-related impacts on the trees to be retained. These include recommendations under the Design Guidelines section addressing tree location mapping, protective fencing, building setback, trenching, drainage facilities, and installation of new trees (including installation of three new trees of 24- inch box size). The report also provides recommendations for Protection Measures before and during construction, encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc. The report’s recommendations are included in Attachment 3 of the Initial Study. Mitigation Monitoring. The Planning Division of the Community Development Department will be responsible for ensuring that all recommendations made by the arborist are reflected in final project plans. The Parks Division of the Parks and Public Works Department will be responsible for ensuring that all tree protection measures are properly implemented during construction. 5. Cultural Resources Historical Resources. There are two existing structures on the site and they were constructed around 1967. The project structures are less than 50 years old and do not meet federal or state criteria for historical resources. These structures also do not meet Town standards and guidelines for historical resources: (1) the project site is not located within an historic district; (2) the site and site structures do not have historical designations; and (3) structures on the site were constructed after 1941. Project implementation would result in demolition of the structures and parking lot pavement on the project site. No significant impacts on historic resources would result from the proposed demolition. Archaeological Resources and Human Remains. A cultural resources study was completed for the project by Holman & Associates and a copy of this report is on file at the Los Gatos Community Development Department. This study included an archaeological literature review at the Northwest Information Center (NWIC) located at Sonoma State University (NWIC file no. 10-1076). The purpose of this review was to obtain information about recorded historic and prehistoric archaeological sites in and around the project area, and information about previous archaeological field studies of the project area and its surroundings. There are no historic and/or prehistoric sites located inside the project border or within a thousand feet of its borders, and there has been no formal archaeological survey of the project area. The adjacent development area (currently under construction) was surveyed by Holman with negative findings.

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Holman & Associates also conducted a visual inspection of the project site on April 19, 2011 as part of the cultural resources study for the presence of potential archaeological resources. No evidence of historical or archaeological resources was discovered during either the field inspection or the literature review. Although over 90% of the site is covered with pavement, Holman concluded that proposed construction would not affect buried resources since historic grading associated with parking lot construction also removed all of the upper topsoil, exposing the clays now visible. The present elevations of the building area itself strongly suggest that this entire area was leveled and quarried for soils, possibly for the dam itself. The banks of the creek, for a distance of 50 feet north and south of the potential crossing, are either too steep and/or are too scoured out by flood waters to have ever supported Native American habitation. Holman concluded that the project site has a low potential for containing buried cultural resources, and therefore, mechanical subsurface presence/absence testing is not warranted, nor is it recommended that an archaeologist be present during construction-related earthmoving activities. Paleontological Resources. Paleontological resources are the fossilized remains of plants and animals, including vertebrates (animals with backbones), invertebrates (e.g., starfish, clams, ammonites, and marine coral), and fossils of microscopic plants and animals (microfossils). The age and abundance of fossils depend on the location, topographic setting, and particular geologic formation in which they are found. Fossil discoveries not only provide a historic record of past plant and animal life, but may assist geologists in dating rock formations. A review of records maintained by the University of California Museum of Paleontology in Berkeley indicates that the closest paleontological resources recorded in Santa Clara County occur approximately 15.5 miles west of Los Gatos. These resources were discovered in geologic strata dating from the Late Pliocene and Miocene epochs of the Tertiary Period (65 to 1.8 million years ago). The geologic evaluation for the proposed project indicates the site is underlain by late Holocene (Quaternary) alluvial deposits. These deposits are more recent and differ in age from those containing the recorded paleontological resources. Consequently, the potential for encountering paleontological resources at the project site is considered to be low. 6. Geology and Soils The assessment of potential geologic and seismic impacts of the proposed project is based on a geotechnical and soils feasibility evaluation for project site prepared by ENGEO Incorporated (ENGEO)that included geologic research and consolidation of data; a site reconnaissance; identification of potential geologic, seismic, and geotechnical impacts; and a discussion of potential mitigation measures. The field exploration for this study was conducted on April 23, 2011, May 3, 2011, and May 11, 2011, and consisted of drilling seven exploratory borings to a maximum depth of approximately 61.5 feet below existing grade at the approximate locations shown on Figures 2A and 2B of the geotechnical study. A copy this report is on file at the Los Gatos Community Development Department, but recommendations of this report are included in Attachment 4 of the Initial Study. The following discussion summarizes the results of this geotechnical study prepared for the proposed project. The site is located at the eastern edge of the Santa Clara Formation, in an area underlain by surficial Holocene-age alluvial fan and stream channel deposits. The site has been mapped as underlain by Holocene-age alluvial fan deposits, with the Los Gatos Creek bed situated in Holocene-age stream channel deposits. Geologic mapping indicates the site is underlain by Holocene-age sand and gravel of major stream channels (Qg). Various bedrock formations including Pleistocene or Pliocene-age Santa Clara Formation and the Miocene-age Monterey Shale are mapped to the east, south, and west of the site. Surficial alluvial deposits conceal the bedrock units on the site. Seismic Hazards. A review of the Town’s hazards maps indicates that the project site has low to moderate shrink-swell potential, moderate potential for liquefaction, high potential for fault rupture, very high erosion potential, and moderate to high potential for seismic shaking. Due to the site’s relatively

JULY, 2011 15 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE level topography, no erosion, slope stability, or debris flow hazards were identified for the site. The Town’s Fault Map indicates that there are no known faults traversing the site. The site is not located within a State of California Earthquake Fault Hazard Zone for active faulting; however, the site is mapped within the Santa Clara County Geologic Hazard Zones for fault rupture associated with the potentially active Monte Vista-Shannon fault (County of Santa Clara, 2005). Figure 3 of the geotechnical study also shows indication of faulting in close proximity to the site. According to the State of California Seismic Hazard Zones Map and the Santa Clara County Geologic Hazard Zone Map (County of Santa Clara, 2005), the site is located within an area susceptible to liquefaction. In addition, the southwestern corner of the site is located within a Santa Clara County Geologic Hazard Zone for potential landsliding. Because of the presence of nearby active faults, the Bay Area Region is considered seismically active. Numerous small earthquakes occur every year in the region, and large (>M7) earthquakes have been recorded and can be expected to occur in the future. Figure 6 of the geotechnical study shows the approximate locations of these faults and significant historic earthquakes recorded within the Greater Bay Area Region. The most common nearby active faults within 25 miles of the site, along with a summary of estimated maximum earthquake magnitudes are as follows: Fault Proximity Estimated Maximum Magnitude Monte Vista-Shannon 0.1 mile 6.7 San Andreas 4.8 miles 7.9 Zayante-Vergeles 11 miles 7 Calaveras 15.2 miles 6.9 Hayward 16.5 miles 6.9 San Gregorio 20.4 miles 7.4 Monterey Bay Tularcitos 24.2 miles 7.3 Potential seismic hazards resulting from a nearby moderate to major earthquake can generally be classified as primary and secondary. The primary effect is ground rupture, also called surface faulting. The common secondary seismic hazards include ground shaking, ground lurching, soil liquefaction, lateral spreading, landsliding, subsidence, tsunamis, and seiches. Based on topographic and lithologic data, risk from earthquake-induced regional subsidence/uplift and tsunamis and seiches is considered low to negligible at the site. Ground Rupture. As previously indicated, the site is not located within a State of California active fault zone; however, it is within a Santa Clara County Geologic Hazard Zones (2005) for fault rupture associated with the Monte Vista-Shannon Fault Zone. Mapping shows a compressional deformation contact immediately to the north of the site, and a City of San Jose fault hazard map shows concealed queried splays inside the western edge of the site and to the north of the site associated with Monte Vista- Shannon fault. Based on the discussions with Town of Los Gatos, and since the site does not contain habitable or critical structures, fault rupture does not pose a threat to life or critical structures and a fault exploration was not performed as part of this study. Therefore, seismic hazards related to ground rupture would pose a less- than-significant impact on project facilities. Ground Shaking. An earthquake of moderate to high magnitude generated within the San Francisco Bay Region could cause considerable ground shaking at the site, similar to that which has occurred in the past.

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To mitigate the shaking effects, all structures should be designed using sound engineering judgment and the 2010 California Building Code (CBC) requirements, as a minimum. Seismic design provisions of current building codes generally prescribe minimum lateral forces, applied statically to the structure, combined with the gravity forces of dead-and-live loads. The code-prescribed lateral forces are generally considered to be substantially smaller than the comparable forces that would be associated with a major earthquake. Therefore, structures should be able to: (1) resist minor earthquakes without damage, (2) resist moderate earthquakes without structural damage but with some nonstructural damage, and (3) resist major earthquakes without collapse but with some structural as well as nonstructural damage. Conformance to the current building code recommendations does not constitute any kind of guarantee that significant structural damage would not occur in the event of a maximum magnitude earthquake; however, it is reasonable to expect that a well-designed and well-constructed structure will not collapse or cause loss of life in a major earthquake. With implementation of Mitigation Meaure GEO-1, potentially significant groundshaking hazards would be reduced to a less-than-significant level. Ground Lurching. Ground lurching is a result of the rolling motion imparted to the ground surface during energy released by an earthquake. Such rolling motion can cause ground cracks to form in weaker soils. The potential for the formation of these cracks is considered greater at contacts between deep alluvium and bedrock. Such an occurrence is possible at the site as in other locations in the Bay Area, but based on the site location, geotechnical engineers believe that the offset is expected to be minor and thus, less than significant. Liquefaction. Liquefaction is a phenomenon in which saturated cohesionless soils are subject to a temporary, but essentially total loss of shear strength because of pore pressure build-up under the reversing cyclic shear stresses associated with earthquakes. Portions of the site are located within the Santa Clara County Geologic Hazard Zones for Liquefaction and within a State of California Seismic Hazard Zone for liquefaction potential. As previously discussed, the site does not contain habitable or critical structures, so liquefaction hazard does not pose a threat to life or critical structures and was not assessed as part of this study. However, ENGEO performed a brief assessment for the potential for liquefaction at the site by reviewing the borelogs for susceptible materials situated below groundwater levels. Based on the review of the borelogs and considering a groundwater depth of 10 feet below existing grade, only a few thin (less than 2 feet thick each) layers of loose/soft to medium dense/medium stiff sands/silts were noted at depths below groundwater. As a result, the potential effects of liquefaction are expected to be low at the project site, a less-than-significant impact. Densification Due to Earthquake Shaking. Densification of sandy soils above and below the groundwater level can cause settlement during an earthquake. Considering that the site soils situated below groundwater levels are generally hard to dense deposits, it is the geotechnical engineer’s opinion that the potential for significant earthquake-induced densification is low. However, as noted above, a few thin lenses of sands/silts potentially susceptible to liquefaction were observed; therefore, the geotechnical study recommends incorporating an earthquake-induced settlement of 1 inch total (1/2 inch differential) over 40 feet (or the width/length of the building if less) into the restroom foundation design to help address the potential for liquefaction-induced densification, if it occurs. With implementation of Mitigation Measure GEO-1, potentially significant densification effects would be reduced to a less-than- significant level. Lateral Spreading. Lateral spreading is a failure within a nearly horizontal soil zone (possibly due to liquefaction) that causes the overlying soil mass to move toward a free face or down a gentle slope, typically during a seismic event and when liquefaction is present. Generally, the effects of lateral spreading are most significant at the free face or the crest of a slope and diminish with distance from the

JULY, 2011 17 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE slope. The site does not contain habitable or critical structures and a detailed lateral spreading assessment was not provided as part of the geotechnical engineering study. Landslides, Geologic Stability, and Erosion Hazards. The western edge of the site is mapped within an area susceptible for earthquake-induced landsliding, according to the County of Santa Clara. Since the site does not contain and the project does not propose habitable or critical structures, a detailed landslide assessment was not provided as part of the geotechnical study; however, it appears as though the bulk of the area mapped as susceptible to landsliding is the uphill area situated west of bordering University Avenue. As a result, geotechnical engineering consultant anticipates that University Avenue would act as a catchment area (bench) for the site in the event shallow detritus dislodges from the uphill, offsite terrain. The stability of the adjacent creek banks was also assessed as a part of the geotechnical study. Los Gatos Creek runs in generally a north-south direction and borders the eastern site boundary (including the western bridge abutment) and the eastern bridge abutment. The creek channel contains a mid-slope terrace, such that the lower bank is approximately 8 feet high with gradients of about 2:1 to 6:1 and the upper bank is approximately 8 feet high and with gradients of 1.5:1 to 2.5:1. The creek banks are well vegetated with grasses, shrubs and trees and the mid-height terrace is variable in width from an estimated 10 to 30 feet. Slope stability is a geotechnical concern at the site due to the bordering creek bank. While a detailed analysis was not performed at the site, a brief evaluation of the stability of the existing Los Gatos Creek banks was performed to help establish setbacks for planned improvements, when possible. Soil strength parameters were developed for use in slope stability analyses based on observed subsurface conditions during field exploration, laboratory testing, and strength testing for nearby projects. The following sections summarize the strength parameters and analyses. Limit equilibrium slope stability analyses for both static and pseudo-static conditions were conducted based on the topographic survey of existing conditions by Giuliani and Kull, Inc., dated April 14 2011. The purpose was to assess the existing creek bank in order to develop recommended setbacks for planned improvements. ENGEO performed the analyses on each side of the Los Gatos Creek at the location of the proposed abutments using the computer-aided program SLIDE©. The program analyzed circular slip surfaces within a defined start and end section. The analyses were conducted with a goal of achieving a factor of safety of 1.3 for static conditions, which is common for non-habitable, non-critical improvements. To model seismic loading, a pseudo-static seismic coefficient of 0.2 was used with a goal of achieving a factor of safety of greater than 1.0 for non-habitable, non-critical improvements. ENGEO assumed a creek downcut of 5 feet to account for at least some potential erosion and scour of the existing Los Gatos Creek and creek bank, considering the seasonal high-energy flow within the creek. In addition, a conservative groundwater table was assumed at roughly 10 to 15 feet below existing grade, depending on location. Based on study results, existing creek bank conditions do not achieve factors of safety values of 1.3 and 1.0 for static loads and seismic loads, respectively, but bridge design will meet specified setback requirements (included in Mitigation Measure GEO-1). Soil Engineering Constraints. The geotechnical feasibility evaluation conducted by ENGEO included subsurface exploration and laboratory testing to determine potential soil conditions that may affect the suitability of the project site for the proposed sports field use. Based upon subsurface exploration, laboratory test results, and preliminary project data, the geotechnical engineering consultant determined that, while expansive soil exists, it should not affect the proposed development provided the fill placement specifications presented in the geotechnical study are followed. Several existing utilities and utility easements were observed on the property, some of which are to remain. Proposed structures and/or foundations should not be situated within 10 feet of existing utilities

JULY, 2011 18 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE that would remain on the site. Alternatively, those utilities should be removed/relocated and the resulting depressions backfilled as engineered fill. In general, existing fills were not encountered in boring locations; however, existing fills are present at the former underground tank locations and within existing trench backfill. Existing fills could undergo vertical movement that is not easily characterized and could ultimately be inadequate to effectively support the proposed building loads. In general, existing fills should be excavated and replaced as engineered soil fill. Additional recommendations are presented in the geotechnical study. Two selected soil samples were collected and transported under proper chain-of-custody to CERCO Analytical, Inc. for laboratory testing. Samples were tested for redox potential, pH, resistivity, sulfate ion and chloride ion concentration. These tests provide an indication of the corrosion potential of the soil environment on buried concrete structures and metal pipes. The results of each of these tests and a detailed description of the laboratory results are contained in the attached report prepared by CERCO Analytical, Inc. (Appendix D of the geotechnical study). As indicated in the CERCO laboratory letter, because of the resistivity measurements, buried metal and steel should be protected against corrosion. A corrosion consultant should provide specific design recommendations on corrosion protection for the buried pipeline, a potentially significant impact. Implementation recommendations to address soil engineering constraints (Mitigation Measure GEO-1) would reduce this impact to less-than-significant. The reported sulfate concentration results ranged from non-detected to 23 mg/kg, with a detection limit of 15 mg/kg. In accordance with the criteria presented in ACI .3.2 (Attachment 4 of the Initial Study), the test results are classified in the “negligible” sulfate exposure range. Cement type, water-cement ratio, and concrete strength are not specified by the CBC for this range. However, testing was not completed for all depths of potential embedment. Once more specifics of the proposed improvements are known, ENGEO can provide additional testing and/or guidance regarding the exposure risk for sulfates. As minimum requirements, the geotechnical study recommends that Type II cement be used in foundation concrete for structures at the project site, and concrete should incorporate a maximum water cement ratio of 0.5 and a minimum compressive strength of 3,000 psi. It should be noted, however, that the structural engineering design requirements for concrete might result in more stringent concrete specifications. Mitigation Measures – Geology and Soils (GEO). The following measure shall be implemented by the Town to reduce the project’s seismic, geologic, and soil impacts to less-than-significant levels: GEO-1: Geologic and Soils Hazards. The recommendations of the ENGEO geotechnical investigation (June 29, 2011) shall be incorporated in the final construction plans for the proposed project (Attachment 4 of the Initial Study). These recommendations address site preparation, earthwork operations, drainage, and foundations. Mitigation Monitoring. Prior to issuance of the grading permit, the Directors of the Community Development and Parks and Public Works Departments shall be responsible for ensuring that the recommended measures are incorporated into plans and properly implemented. 7. Greenhouse Gases “Greenhouse gases” (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as “global warming.” These greenhouse gases contribute to an increase in the temperature of the earth’s atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. Fossil fuel consumption in the transportation sector (on-road motor vehicles, off- highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for

JULY, 2011 19 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions. Short-term GHG emissions would be generated by project-related construction activities. The BAAQMD does not have a quantitative significance threshold for construction-related GHG emissions, but the project’s construction-related GHG emissions are expected to have a less-than-significant impact on global climate change. GHG modeling completed for this project indicates that project construction would generate 137 short tons per year of CO2, which is equivalent to 125 metric tons of CO2-equivalents (CO2e). For comparison purposes, this emissions rate is well below the BAAQMD’s operational threshold of 1,100 metric tons (MT) of CO2e per year, which would indicate that the project’s construction-related GHG emissions would be less than significant. The proposed project would also be subject to the existing CARB regulation (Title 13 of the California Code of Regulations, Section 2485), which limits idling of diesel-fueled commercial motor vehicles, and compliance with this regulation would further reduce GHG emissions associated with project construction vehicles (compliance with idling limits is required under Mitigation Measure AQ-1 in Section 3, Air Quality). The BAAQMD also encourages implementation of construction-related GHG reduction strategies where feasible, such as: using alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment such that these vehicles/equipment comprise at least 15 percent of the fleet; using local building materials such that these materials comprise at least 10 percent of all construction materials; and recycling or reusing at least 50 percent of construction waste or demolition materials. The Town proposes to implement these BMP measures to the maximum extent feasible during project construction. Implementation of the proposed project would contribute to long-term increases in greenhouse gases (GHGs) from direct sources such as traffic increases. Development occurring as a result of the proposed project would also result in other minor, indirect operational increases in GHG emissions as a result of electricity generation to meet project-related increases in energy demand. Project-related electricity demand would be minor, associated with water delivery, wastewater processing, and solid waste disposal for project restrooms and maintenance of the artificial turf. Electricity generation in California is mainly from natural gas-fired power plants. However, since California imports about 20 to 25 percent of its total electricity (mainly from the northwestern and southwestern states), GHG emissions associated with electricity generation could also occur outside of California. The adopted BAAQMD’s operational GHG screening criterion for city park use is 600 acres, and the 2.8- acre proposed park would fall well below this criterion and therefore, the project’s operational GHG emissions are not expected to exceed the BAAQMD GHG significance thresholds. The project’s operational (area and mobile sources) CO2 emissions are estimated at 89 short tons per year (see model output included in Attachment 1 of the Initial Study), which is equivalent to approximately 82 MT of

CO2e per year. Such an emission rate would be well below the BAAQMD’s operational threshold of 1,100 MT of CO2e per year, which indicates that the project’s operational GHG emissions would be less than significant. Greenhouse Gas Reduction Plans, Policies, and Regulations. California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. The Governor’s Office of Planning and Research is in the process of developing CEQA significance thresholds for GHG emissions but thresholds have yet to be established. GHG statutes and executive orders (EO) include EO S-1-07, EO S-3-05, EO S-13-08, EO S-14-08, EO S-20-04, EO S-21-09, AB 32, AB 1493, AB 3018, SB 97, SB375, SB 1078/107, and SB 1368. AB 32 establishes regulatory, reporting, and market mechanisms to reduced statewide GHG emissions to 1990 levels by 2020. Pursuant to this requirement, the California Air Resources Board (CARB) adopted its Scoping Plan, which contains the main strategies to achieve required reductions by 2020. However, on March 18, 2011, the San Francisco Superior Court issued a final ruling that effectively blocks the CARB from implementing GHG reducing actions outlined in the Scoping Plan until CARB complies with CEQA. If the decision is finalized, the CARB will have to

JULY, 2011 20 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE reconsider the environmental impact of the Scoping Plan and examine alternatives to the Scoping Plan’s cap and trade policy. Although implementation of certain elements of the Scoping Plan at the statewide level may be delayed, local GHG reduction policies would still apply to this project. Although there are no specific policies related to sports fields, the project would include several GHG reduction measures. Proposed use of artificial turf instead of natural turf would reduce the project’s potential water demand and indirect GHG emissions associated with water delivery and treatment, as well as avoid GHG emissions from operation of mowing equipment. If the proposed pedestrian bridge across Los Gatos Creek is implemented, the increase in convenient pedestrian and bicycle access to the park from surrounding areas would also help reduce the project’s GHG emissions. Construction. No state or regional air quality agency has adopted a methodology or quantitative threshold to evaluate the significance of an individual project’s construction-related contribution to GHG emissions. Although the BAAQMD’s CEQA Guidelines do not specify thresholds of significance for construction- related GHG emissions, they do encourage incorporation of BMPs to reduce GHG emissions during construction, as applicable, such as using alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment such that these vehicles/equipment comprise at least 15 percent of the fleet; using local building materials such that these materials comprise at least 10 percent of all construction materials; and recycling or reusing at least 50 percent of construction waste or demolition materials to reduce construction-related GHG emissions. The Town would implement BMPs to the maximum extent feasible during construction, including reuse of clean base rock and fill materials under the proposed parking lot and pathways to minimize GHG emissions related to off-haul of excavated materials. Therefore, the project’s construction-related GHG impacts would not conflict with plans, policies and regulations adopted to reduce greenhouse gas emissions, and is considered less than significant. Operation. The Town of Los Gatos does not yet have an adopted GHG reduction plan, although preparation of a Climate Action Plan is underway. The GHG reduction plan will identify goals, policies, and implementation measures that would achieve the goals of AB 32 for the entire community. If the Climate Action Plan has been completed by the time project construction commences, the project will be required to implement policies and measures included in that plan. Also, the proposed project would be required to comply with the 2010 California Green Building Code. Code requirements relating to the project site would be minimal, primarily relating to the proposed 800 s.f. restroom structure and on-site lighting. Since no field lighting is proposed, lighting requirements would be limited to security and safety lighting in the parking lot and along pathways. In addition, the artificial turf generally contains about 40 percent post-consumer rubber material and clean base rock and fill materials would be reused on-site under the proposed parking lot and pathways to minimize GHG emissions related to the manufacture and transport of new materials to the site. Artificial turf also would not require mowing, which would avoid substantial levels of mower-related GHG emissions when considered over the life of the turf. Artificial turf would avoid the need for irrigation, which would reduce GHG emissions associated with water treatment and distribution of irrigation water. Manufacturers of synthetic turf indicate that current products are 100 percent recyclable, which would also further reduce GHG emissions associated with waste disposal. For these reasons, the project would not conflict with plans, policies and regulations adopted to reduce greenhouse gas emissions, a less-than-significant impact. In addition, provision of a pedestrian bridge across Los Gatos Creek and connecting with the Los Gatos Creek Trail would encourage alternative transportation modes (walking or bicycling) for site access. The Bay Area 2010 Clean Air Plan includes transportation control measures (TCM D-1 and D-2, see Section ) that encourage the expansion of bicycle facilities and improve pedestrian access to activity centers in order to reduce greenhouse gases. By connecting the proposed sports park with the Los Gatos Creek Trail, the proposed bridge would provide for access using alternative transportation modes (bicycling and walking), which would be consistent with these measures..

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8. Hazards and Hazardous Materials Several reports have been prepared that assess hazardous materials conditions at the project site. A Phase I Environmental Site Assessment (ESA) was conducted for the project site by ATC Associates, Inc. (ATC) in April, 2009. A Phase 2 ESA was conducted by ENGEO Incorporated to evaluate soil quality in the vicinity of a hydraulic lift and oil/water separator identified by the Phase 1 ESA, and the potential presence of pesticides in the soil as a result of historic site use as an orchard. Environmental Engineering & Contracting, Inc. subsequently prepared a report documenting removal of the hydraulic lift. The latter two reports are included in Attachment 5 of the Initial Study, while the Phase I ESA is on file with the Los Gatos Community Development Department. The following impact analyses rely on these reports for information regarding the historic use of hazardous materials at the project site, and the potential for soil contamination and hazardous building materials to be present. The maximum concentration of each constituent detected as part of the Phase 2 ESA is summarized in Table 3 of the Initial Study along with California Human Health Screening Levels (CHHSLs) and Environmental Screening Levels (ESLs) for residential land uses. Transport, Use, or Disposal of Hazardous Materials. The sports field would be periodically cleaned with water, but no disinfectants would be used. Although small amounts of solvents and adhesives could be required to make minor repairs, they would not be used in large quantities but only in spot applications at the specific repair location. In addition, only small quantities of cleaning materials would be required for maintenance of the restroom facilities. On the basis of this, impacts related to the use of hazardous materials for field maintenance and operation of the park would be less than significant. Synthetic turf has a life span of approximately 10 to 15 years, and must be replaced at the end of its useful life. However, in accordance with federal and state regulations, the turf would not be considered a hazardous waste and can often be recycled; the impacts associated with disposal or recycling of the turf are addressed in Section 17, Utilities and Service Systems. Potential Exposure to Hazardous Materials in Soil. The Phase I ESA for the proposed project site reports that the property was historically used for orchards until circa 1967 when the existing buildings were first constructed at the site. Historic uses of hazardous materials at the site since development of the Vasona Yard, and the status of each, are as follows: § A 10,000 gallon gasoline underground storage tank (UST) installed in 1971 and removed in 1994. Soils impacted by petroleum hydrocarbons beneath the UST were excavated with the UST and were removed. Although grab groundwater samples from the UST excavation contained low levels of petroleum hydrocarbon constituents, a total of eight groundwater wells were installed at the site, and sampling in November 1994 and 1995 indicated that total petroleum hydrocarbons, benzene, toluene, ethylbenzene, and xylenes were not detected in the groundwater. The Santa Clara Valley Water District (SCVWD) granted closure for this leaking underground storage tank case in a letter dated March 25, 1996. The groundwater monitoring wells were decommissioned in 1996. § A 2,000 gallon diesel UST installed in 1966 and removed in 1992 after the UST failed an integrity test. Soil from beneath the conveyance piping was impacted by diesel, but was excavated. The SCVWD granted closure for this leaking underground storage tank case in a letter dated March 25, 1996. § A 6,000 gallon aboveground unleaded gasoline storage tank (AST). This AST was cleaned and removed from the property in 2004. A release of gasoline from this AST occurred on February 2, 2004. The release was subject to an enforcement action, and sampling was performed at the request of the SCVWD. Based on the results of multiple sampling events, which indicated signs

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of natural attenuation, no further action appeared warranted as of June 22, 2004. The concrete pad for this AST is still in place. § A hydraulic lift installed in 1975 and located in the vehicle service garage. Based on historic sampling, petroleum hydrocarbons were detected in the soil around this lift at a maximum concentration of 1,900 mg/kg. Based on the age of the lift, the oil could potentially contain PCBs. In 2009, three soil borings were installed to further evaluate soil quality in the vicinity of this lift, and split soil samples were supplied to Environmental Engineering & Contracting on behalf of Verizon. Soil samples from the vicinity of the hydraulic lift contained total petroleum hydrocarbons as diesel at a maximum concentration of 2,100 mg/kg; total petroleum hydrocarbons as oil at a maximum concentration of 770 mg/kg; total petroleum hydrocarbons as hydraulic oil at a maximum concentration of 806 mg/kg; and effective fuel hydrocarbons at a maximum concentration of 2,900 mg/kg. While these concentrations exceed the ESL of 83 mg/kg for total petroleum hydrocarbons as diesel, and 370 mg/kg for total petroleum hydrocarbons as oil and total hydrocarbons as hydraulic oil and effective fuel hydrocarbons, the highest concentrations were detected in a soil sample from a depth of 15 feet, and the concentration of total petroleum hydrocarbons in the shallower soil samples were either not detected or below the applicable ESL. Polychlorinated biphenyls (PCBs) were also detected in one soil sample from a depth of 10 feet at 0.14 mg/kg, less than the ESL of 0.22 mg/kg, but in excess of the CHHSL of 0.089 mg/kg. Volatile organic compounds (VOCs) were not detected in any of the samples. The maximum concentration of nickel was 170 mg/kg, detected in one soil sample from a depth of 15 feet, in excess of the ESL of 150 mg/kg, but not the CHHSL of 1,600 mg/kg. None of the other metals concentrations exceeded the corresponding ESL or CHHSL. The hydraulic lift was removed in September 2009 in accordance with a closure permit from the Santa Clara County Fire Department. As part of the removal activities, stained soil that exhibited an odor was excavated from the vicinity of the lift to a depth of approximately 16 feet and two confirmation soil samples were collected. Total petroleum hydrocarbons as gasoline were detected in one sample at 0.27 mg/kg; total petroleum hydrocarbons as oil were detected in one sample at 80 mg/kg; and o-xylene was detected in one sample at 0.012 mg/kg. These concentrations are representative of the soil remaining in place and are all below applicable ESLs. § An oil/water separator located in the vehicle service garage. A floor drain in the garage leads to this separator, which is connected to the municipal sewer system. The only soil sample from a boring installed adjacent to the oil/water separator that contained detectable levels of total petroleum hydrocarbons was from a depth of 10 feet. Total petroleum hydrocarbons as motor oil was detected at 12 mg/kg and total petroleum hydrocarbons as diesel was detected at 2.67 mg/kg. These concentrations, and metals concentrations detected in all three soil samples from this boring between 5 and 15 feet, were below ESLs and CHHSLs. PCBs and VOCs were not detected in any of the soil samples from this boring. § A hydraulic dock leveler at the loading dock. The leveler was reportedly removed in approximately 1994 and the excavation was filled with concrete. Soil samples from depths of 5 and 10 feet in a soil boring installed near this leveler contained total petroleum hydrocarbons as motor oil at concentrations of 10 mg/kg and 9 mg/kg. These concentrations, and metals concentrations detected in all three soil samples from this boring between 5 and 15 feet, were below ESLs and CHHSLs. PCBs and VOCs were not detected in any of the soil samples from this boring. The Phase I ESA also notes that the facility used hazardous materials typically required for automotive maintenance such as waste oil, antifreeze, lubricants, and solvents. Nine small, unlabeled, capped cylinders were observed cap down on the pavement. ATC also observed drums of automotive fluids (e.g.,

JULY, 2011 23 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE oil, waste oil, and antifreeze), stored in the vehicle service garage and outdoor hazardous materials storage areas, and wastes were observed in several areas, including fluorescent light tubes, oil rags, solvents, drained/used oil filters, automotive batteries, and tires. Four mobile diesel generators were also observed. ATC did not observe any notable leaks or spills of hazardous materials. The Phase 2 ESA included the analysis of four surface soil samples from a depth of 1-foot to evaluate the potential presence of pesticides and arsenic as a result of historic land use as an orchard. Dichlorodiphenyldichloroethylene (DDE) was the only pesticide detected in any of the shallow soil samples. The concentration was 0.014 mg/kg which is well below the ESL of 1.7 mg/kg and the CHHSL of 1.6 mg/kg. Arsenic was also detected in each of the shallow soil samples at concentrations ranging from 3.0 to 4.8 mg/kg. Each of these concentrations is greater than the ESL of 0.39 mg/kg and the CHHSL of 0.07 mg/kg, but are within the expected range of background concentrations. The Phase I ESA reports that there is also one pad-mounted electrical transformer located on the northern portion of the property. No stains or spills were observed in the vicinity of the transformer. Only limited soil excavation would be required for construction of the sports field and restroom facilities. However, if the concentration of a constituent listed in Table 3 of the Initial Study exceeded the ESL or CHHSL, construction workers, park users, and the public could be exposed to the contaminated soil. Depending on the nature and extent of the contamination encountered and whether or not proper precautions are implemented, this could potentially cause adverse health effects. Unless proper precautions are implemented, such materials could also cause adverse environmental effects if released to the environment. The soil may also require special disposal as a restricted or hazardous waste. The depth to groundwater ranges from approximately 13 to 23 feet as discussed in Section 6, Geology and Soils, and groundwater would not likely be encountered during construction. Although the concentrations of all chemicals identified during previous sampling are below ESLs and CHHSLs, or within background levels, potential impacts related to exposure to hazardous materials in soil would be potentially significant because the environmental database review was conducted approximately two years ago, and additional environmental cases could be identified in the vicinity of the proposed project prior to construction. In addition, the existing buildings would be demolished and the soil quality beneath these buildings has not been confirmed. This impact would be mitigated to a less- than-significant level with implementation of Mitigation Measures HAZ-1a through HAZ-1e. Mitigation Measure HAZ-1a requires updating the environmental database review within three months of the start of construction to demonstrate whether any new chemical release sites have been identified that could affect soil quality at the proposed project site. Mitigation Measure HAZ-1b requires soil sampling, if deemed necessary as a result of the updated environmental database review, to assess the potential presence of chemicals from new sites identified by the updated database review, as well as implementation of regulatory requirements based on the results of the sampling. If concentrations of any chemicals identified exceed CHHSLs or ESLs, Mitigation Measures HAZ-1c and HAZ-1d would be further required to reduce impacts related to exposure to hazardous materials in the soil to a less-than-significant level. These measures require implementation of a site health and safety plan and material disposal plan. Mitigation Measure HAZ-1e requires preparation of a contingency plan to address previously unidentified contamination, if encountered. Potential Exposure to Hazardous Building Materials. The existing buildings were constructed circa 1967. Based on their age, asbestos-containing materials and lead-based paint may have been used in their construction. In addition, fluorescent light tubes containing mercury vapors, fluorescent light ballasts containing PCBs or (2 ethylhexyl) phthalate (DEHP), and PCB containing electrical equipment may be present in the buildings that would be demolished. If friable or non-friable asbestos is present, there is a potential for release of airborne asbestos fibers when the asbestos-containing materials are disturbed, unless proper asbestos abatement precautions are taken. Such a release could expose the construction

JULY, 2011 24 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE workers and surrounding populations to airborne asbestos fibers. Similarly, if lead-based paint is present and has delaminated or chipped from the surfaces of the building materials, there is a potential for the release of airborne lead particles, unless proper lead abatement procedures are followed. If PCBs are present in the building to be demolished, leakage could expose workers to unacceptable levels of PCBs (greater than 5 parts per million, based on Title 22, California Code of Regulations). Removal of fluorescent light tubes and fixtures could result in exposure to mercury vapors if the lights are broken or exposure to DEHP if present in the light ballasts. The Phase I ESA for the project site discussed the summary of an asbestos survey conducted in 1989 and the results of an additional asbestos survey conducted in 2009. Based on the information provided in the Phase I ESA, confirmed asbestos-containing materials identified by the 1989 asbestos survey included spray-applied acoustical ceiling material, resilient floor tile and mastic, transite panels, and exterior wall material. Confirmed asbestos-containing materials identified by the 2009 survey included wallboard and joint compound materials, 12-inch by 12-inch beige floor tiles, 9-inch by 9-inch floor tiles and associated mastic, and acoustical ceiling spray. The surveys identified a total of 38,400 square feet of asbestos- containing materials in the warehouse/garage and office buildings. The roofing material was not sampled during the 2009 survey, but the roofing system was replaced in 2002 and 2003, after the use of asbestos- containing building materials was banned. The Phase I ESA also noted the potential for lead-based paint to be present in the building. In addition, the Phase I ESA noted that fluorescent lights were located within various accessible areas of the buildings, and based on the age of the buildings, some of the fluorescent light ballasts could contain PCBs. Based on the presence of documented asbestos-containing materials and the potential presence of lead- based paint, the potential exposure to hazardous building materials during building demolition would be significant, but mitigated to a less-than-significant level with implementation of Mitigation Measure HAZ-2, which requires the project applicant to conduct surveys for lead-based paint prior to demolition, and to implement appropriate abatement and disposal procedures for asbestos-containing materials and lead-based paint in compliance with applicable regulations. This mitigation measure also requires removal of any electrical equipment containing PCBs or DEHP, as well as all fluorescent light tubes, and disposal of these materials in compliance with applicable regulations. In addition, the project applicant will be required to obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to issuance of a demolition permit, which would further reduce impacts related to asbestos removal to less than significant. Naturally occurring asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. Serpentinite and/or ultramafic rock are known to be present in 44 of California's 58 counties. The project site is not located in an area where naturally occurring asbestos is likely to be present. Therefore, impacts associated with naturally-occurring asbestos would be less than significant. Demolition of Facilities Used for Hazardous Materials Storage. In the absence of proper precautions, proposed demolition of the existing buildings could disturb hazardous materials currently stored (see above for a discussion of hazardous materials stored at the site) which could expose workers or the public to hazardous materials or result in an accidental release to the environment. However, prior to demolition, hazardous materials stored at these locations would be removed and the hazardous materials facilities (including the oil/water separator described above) would be legally closed in accordance with a closure permit from the Santa Clara County Fire Department and demolition of these buildings would not result in a release of hazardous materials that would pose a threat to human health or the environment.

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Prior to demolition, the Town would prepare a closure plan describing activities that would be conducted to remove the existing oil/water separator and demonstrate that hazardous materials that were stored, dispensed, handled, or used at the facility have been transported, disposed of, or reused in a manner that eliminates any threat to public health and safety. The plan would include a description of the size and type of facility to be closed (including a site plan); the chemicals used at the facility; the procedures to be used for decontamination of the facility and equipment (if required) and the proposed method for disposal of all hazardous wastes generated from cleaning operations; planned disposition of hazardous materials and wastes from the facility in accordance with all state and federal laws; and a description of the planned sampling program to demonstrate that the facility has been completely decontaminated. Upon completion of closure, the business owner or project sponsor would be required to submit a post-closure report documenting compliance with the closure plan, confirming appropriate disposition of all hazardous materials, and documentation all sampling conducted, including analytical results. Compliance with these regulatory requirements would ensure that impacts related to exposure to hazardous materials during building demolition would be less than significant. Hazardous Emissions or Use of Acutely Hazardous Materials. Hazardous air emissions are toxic air contaminants (TACs) identified by the CARB and the BAAQMD. Extremely hazardous materials are defined by the State of California in Section 25532 (2)(g) of the Health and Safety Code. During project construction, only common hazardous materials such as paints, solvents, cements, adhesives, and petroleum products (such as asphalt, oil, and fuel) would be used, none of which are considered extremely hazardous materials. There would be no use of extremely hazardous materials or emissions of TACs during project operation. Further, there are no schools located within ¼-mile of the project site. Therefore, there is no impact associated with hazardous emissions or use of extremely hazardous materials within ¼- mile of a school. Airports/Airstrips. The nearest airport to the proposed project is San Jose, located more than 7 miles to the north. Therefore, there is no impact associated with safety hazards due to location of the project within 2 miles of a public airport or in the vicinity of a private airstrip. Emergency Plans. As discussed in Section 16e, Emergency Access, the project’s incremental increase in traffic would not adversely affect the level of service on local roadways. Therefore, the project would not interfere with an emergency evacuation that could occur under the Town’s adopted Emergency Operations Plan, and the project’s impacts related to interference with an adopted emergency response or emergency evacuation plan would be less than significant. Wildland Fire Hazards. The proposed project site is located in a Moderate Fire Hazard Severity Zone within a local responsibility area. It is not located in a high fire hazard zone within a state responsibility area or a Wildland Urban Interface area identified in the 2020 Los Gatos General Plan. Although there is a risk of fire due to location of the project site within an area with a moderate fire hazard, the proposed project would not include any new structures or activities that would increase the fire risk. In addition, fire protection would be provided by the Santa Clara County Fire Department and there is adequate water pressure and water quantity for fire protection during construction and operation of the project as discussed in Section 17, Utilities and Service Systems. Emergency access is discussed in Section 16e, Transportation and Traffic. Therefore, impacts related to wildland fire hazards would be less than significant. Mitigation Measures – Hazards and Hazardous Materials (HAZ). The following measures shall be implemented by the project applicant to reduce the project’s hazards and hazardous materials impacts to less-than-significant levels: HAZ-1: Hazardous Materials Removal. The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less-than-significant level:

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a. The project sponsor shall retain a qualified professional to update the environmental database review performed as part of the Phase 1 ESA no more than three months prior to the start of construction activities. The qualified professional shall prepare a report summarizing the results of the environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soil contamination at the proposed project site, if needed. b. If found necessary on the basis of the updated environmental database prepared in accordance with Mitigation Measure HAZ-1a, the project sponsor shall retain a qualified professional to conduct appropriate sampling to assess the presence and extent of chemicals in the soil. The project sponsor shall also be required to notify the regulatory agencies if the concentration of any chemical exceeded its respective screening level. c. For excavation activities where chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor to prepare and to implement a site safety plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ-1b, identifying the chemicals present, potential health and safety hazards, monitoring to be performed during site activities, soils-handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. d. If chemical concentrations exceed environmental screening levels, the project sponsor shall require the construction contractor(s) to prepare a material disposal plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ-1b, for excess soil produced during construction activities. The plan shall specify the disposal method for soil, approved disposal site, and written documentation that the disposal site will accept the waste. If appropriate, materials may be disposed of on-site, under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations. The contractor shall be required to submit the plan to the project sponsor for acceptance prior to implementation. During construction, excess soil from construction activities shall be stockpiled and sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The project sponsor shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential contamination includes soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. As discussed in Mitigation Measure HAZ-1b, the project sponsor would remove and notify the regulatory agencies of a discovered release. The assigned lead agency would oversee all aspects of the site investigation and remedial action; and determine the adequacy of the site investigation and remediation activities at the site. HAZ-2: Hazardous Building Materials Removal. Prior to demolition of the on-site buildings, the project sponsor shall incorporate into contract specifications the requirement that the contractor(s) have a hazardous building materials survey completed by a Registered Environmental Assessor or a registered engineer to confirm the absence or presence of lead-

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based paint. This survey shall be completed prior to any demolition activities associated with the project. Adequate abatement practices, such as containment and/or removal for all asbestos-containing materials and lead-based paint, shall be implemented in accordance with applicable laws prior to demolition. Any PCB-containing equipment, fluorescent light tubes containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of. Mitigation Monitoring. The Directors of the Parks & Public Works and Community Development Departments shall be responsible for ensuring that these measures are incorporated into plans and contract specifications prior to issuance of the grading permit. 9. Hydrology and Water Quality Elevations on the site range from approximately 286 feet above mean sea level (MSL) at the southwest corner of the property to a low of approximately 280 feet at the northeast corner of the property. The site consists of an extensive, level paved area that slopes gently to the northeast. The project site is developed with a single-story office building, a single-story warehouse/vehicle service garage (warehouse building), and various small sheds/storage structures. The garage area was utilized for vehicle maintenance and storage of related automotive fluids, filters, parts washer, and tires. Approximately 120,000 s.f. of the 2.8- acre site consists of impervious surfaces. Presently, runoff flows from the project site are not treated for the removal of urban pollutants and water contaminants. Surface flows drain overland to the eastern perimeter of the project site and collect on the site for discharge to Los Gatos Creek through a 12-inch storm drain. Los Gatos Creek conveys accumulated storm flows through Los Gatos, Campbell and San Jose, joining Guadalupe River approximately eight miles downstream of the project site. Stream flows ultimately discharge into San Francisco Bay via Alviso Slough. Los Gatos Creek is a Santa Clara Valley Water District (SCVWD) water management facility, and flows into Vasona Lake and then several percolation basins in San Jose prior to joining the Guadalupe River. Water Quality. Water quality degradation is regulated by the Federal National Pollutant Discharge Elimination System (NPDES) Program. This program was established by the Clean Water Act to control and reduce pollutants carried to water bodies from point and non-point discharges. In California, the NPDES permitting program is administered by the State Water Resources Control Board (SWRCB) through nine Regional Water Quality Control Boards (RWQCB). The NPDES permit for the Town of Los Gatos is a permit that is issued to the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), an association of thirteen cities/towns in the Santa Clara Valley (including Los Gatos), Santa Clara County, and the Santa Clara Valley Water District. SCVURPPP participants share a common NPDES permit to discharge stormwater to South San Francisco Bay. To reduce pollution in urban runoff to the "maximum" extent practicable, the SCVURPP incorporates regulatory, monitoring, and outreach measures aimed at improving the water quality of South San Francisco Bay and the streams of Santa Clara Valley. Project construction would have the potential to degrade local water quality in nearby Los Gatos Creek. Due to the proximity of the creek channel to the project construction area, there would be a potential for erosion and downstream sedimentation if soil materials exposed during project construction were accidentally released. As a part of the project planning process, the Town determined that the proposed development is located within a sub-watershed that is less than 65 percent impervious and that the Hydromodification Management (HM) Requirements could apply to this project under certain conditions, i.e. if it created or replaced more than an acre of impervious area, and the total impervious area of the project was increased. The project would not be subject to HM requirements if the post project impervious area is less than the

JULY, 2011 28 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE pre-project condition. Since the project would create less than an acre of impervious area and would reduce the overall extent of impervious surfaces on the subject property, HM requirements would not apply to the proposed sports park development. The development of the project site would include post-construction best management practices (BMPs) to clean stormwater runoff from the asphalt surfaces of the proposed parking lot, concrete walkways, and restroom structure roof. Treatment measures for projects receiving Architecture and Site approvals prior to December 1, 2011 would include one or a combination of the following methods for the control of water quality from the site: bio-swales, prefabricated units such as Filterra stormwater filtration systems, bioretention cells, or other treatment measures that are required by the Town and comply with the guidelines of the RWQCB. The conceptual stormwater quality control plan for the project site entails the collection of storm drainage from the parking lot in the northern portion of the site and hardscape areas in the southern and eastern parts of the property in a storm drain system that conveys runoff to two on-site bioswales on the eastern perimeter of the property. A description of the proposed stormwater treatment measures and an explanation of how they comply with the applicable regulations is provided in the May 16, 2011 memorandum on preliminary drainage and stormwater information prepared by the Town’s civil engineering consultant NV5 and the plans indicate potential locations for bio-swales throughout the site, as well as a typical bio-swale section design. The proposed improvements reflected in the Drainage and Grading plans (Sheets L-1 and L-2, respectively) comply with current stormwater discharge requirements. With regard to the synthetic turf sports field, the Town has designed this facility to be self-treating. The combination of storage in the field section together with the infiltration rate of the subgrade would provide a self-treating design. The Town will work with its contract engineers during detailed design preparation to ensure that the project design complies with C.3 requirements. As described above, other areas of the project site would be treated through bioswales and Filterra units as required by the Town for various development projects throughout the community. New stormwater treatment regulations become effective December 1, 2011. The new regulations require that each Regulated Project treat 100 percent of the design storm runoff from a project’s drainage area with low impact development (LID) treatment measures onsite or at a joint stormwater treatment facility. LID measures include Rainwater Harvesting, Infiltration, Evapotranspiration, and Biotreatment (if prior LID measures are determined to be infeasible). Beginning December 1, 2011, projects submitted for Planning approval that create or replace 10,000 square feet of impervious surface ("Regulated Projects") will be subject to the new LID treatment requirements. Future Architecture and Site approvals for this project will be subject to the LID requirements if approved after December 1, 2011. Projects which disturb one or more acres of soil or projects which disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity. The project would be required to obtain coverage under the State’s General Permit for Storm Water Discharges Associated with Construction Activity. A Notice of Intent must be filed with the RWQCB and the Construction General Permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared. The SWPPP must be consistent with the terms of the Santa Clara Valley Urban Runoff Pollution Prevention Program’s recommended best management practices (BMPs) for construction activities, which could include the following: § Erosion Prevention and Sediment Control: Measures could include: avoiding excavation and grading during wet weather; limiting on-site construction routes and stabilizing construction entrances; removing existing vegetation only when absolutely necessary; constructing diversion dikes and drainage swales to channel runoff around the site; using berms and drainage ditches to divert runoff around exposed areas; planting vegetation on exposed slopes; covering soil stockpiles and landscaping materials; protecting storm drain inlets from sediment-laden runoff;

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using terracing, rip-rap, sand bags, rocks, straw bales to reduce runoff velocity and trap sediments; and collecting and detaining sediment-laden runoff in sediment traps. § Control of Erosion and Discharge of Sediment: BMPs are selected based on specific site conditions, construction activities, and cost. Various BMPs may be needed at different times during construction since activities are constantly changing site conditions. Selection of erosion- control BMPs will be based on the following: - Minimizing Disturbed Areas: Only clear land which will be actively under construction in the near term (e.g., within the next 6-12 months), minimize new land disturbance during the rainy season, and avoid clearing and disturbing sensitive areas (e.g., steep slopes and natural watercourses) and other areas where site improvements will not be constructed. - Stabilizing Disturbed Areas: Provide temporary stabilization of disturbed soils whenever active construction is not occurring on a portion of the site. Provide permanent stabilization during finish grade, and landscape the site. - Protecting Slopes and Channels: Safely convey runoff from the top of the slope and stabilize disturbed slopes as quickly as possible. Avoid disturbing natural channels. Stabilize temporary and permanent channel crossings as quickly as possible and ensure that increases in runoff velocity caused by the project do not erode the channel. - Controlling Site Perimeter: Delineate site perimeter to prevent disturbing areas outside the project limits. Divert upstream runoff safely around or through the construction project. Local codes usually state that such diversions must not cause downstream property damage or be diverted into another watershed. Runoff from the project site should be free of excessive sediment and other constituents. Control tracking at points of ingress to and egress from the project site. - Retaining Sediment: Retain sediment-laden waters from disturbed, active areas within the site. § Manage Non-Stormwater Discharges and Materials: BMPs involve performing activities in a manner that keeps potential pollutants from coming into contact with stormwater or being transported off-site to eliminate or avoid exposure. § Contain Materials and Wastes: BMPs include storing construction, building, and waste materials in designated areas, protecting these materials from rainfall and contact with stormwater runoff, disposing of all construction waste in designated areas, keeping stormwater from flowing on to or off of these areas, preventing spills and cleaning up spilled materials. § SWPPP implementation requires staff training, site inspections, BMP monitoring, BMP maintenance, and stormwater pollution control documentation. The State Regional Water Quality Control Board implemented a new General Construction Permit (Order 2009-0009-DWQ), that became effective July 1, 2010. The primary additions to the new permit include: § Rainfall Erosivity Waiver: this General Permit includes the option allowing a small construction site (>1 and <5 acres) to self-certify if the rainfall erosivity value (R value) for their site's given location and time frame compute to be less than or equal to 5. § Technology-Based Numeric Action Levels: this General Permit includes NALs for pH and turbidity. § Technology-Based Numeric Effluent Limitations: this General Permit contains daily average NELs for pH during any construction phase where there is a high risk of pH discharge and daily average NELs turbidity for all discharges in Risk Level 3. The daily average NEL for turbidity is

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set at 500 NTU to represent the minimum technology that sites need to employ (to meet the traditional Best Available Technology Economically Achievable (BAT)/ Best Conventional Pollutant Control Technology (BCT) standard) and the traditional, numeric receiving water limitations for turbidity. § Risk-Based Permitting Approach: this General Permit establishes three levels of risk possible for a construction site. Risk is calculated in two parts: 1) Project Sediment Risk, and 2) Receiving Water Risk. § Minimum Requirements Specified: this General Permit imposes more minimum BMPs and requirements that were previously only required as elements of the SWPPP or were suggested by guidance. § Project Site Soil Characteristics Monitoring and Reporting: this General Permit provides the option for dischargers to monitor and report the soil characteristics at their project location. The primary purpose of this requirement is to provide better risk determination and eventually better program evaluation. § Effluent Monitoring and Reporting: this General Permit requires effluent monitoring and reporting for pH and turbidity in storm water discharges. The purpose of this monitoring is to determine compliance with the NELs and evaluate whether NALs included in this General Permit are exceeded. § Receiving Water Monitoring and Reporting: this General Permit requires some Risk Level 3 dischargers to monitor receiving waters and conduct bioassessments. § Post-Construction Storm Water Performance Standards: this General Permit specifies runoff reduction requirements for all sites not covered by a Phase I or Phase II MS4 NPDES permit, to avoid, minimize and/or mitigate post-construction storm water runoff impacts. § Rain Event Action Plan: this General Permit requires certain sites to develop and implement a Rain Event Action Plan (REAP) that must be designed to protect all exposed portions of the site within 48 hours prior to any likely precipitation event. § Annual Reporting: this General Permit requires all projects that are enrolled for more than one continuous three-month period to submit information and annually certify that their site is in compliance. Implementation of the Town’s SWPPP and additional monitoring and reporting requirements specified in the General Construction Permit during project construction would ensure that potential construction- related water quality impacts would be less than significant. Sports Field Runoff and Leachate. The use of synthetic turf on athletic fields has generated public concern over the potential for pollutants in leachate and stormwater runoff from these materials, particularly tire-derived rubber crumb that is manufactured from recycled tires and is used as infill material in some synthetic turf products. A number of studies have been conducted to assess the quality of stormwater runoff and leachate from synthetic playfields; a discussion of several related studies are summarized in Attachment 6 of the Initial Study. In 2007, the California Integrated Waste Management Board published a report prepared under contract by the Office of Environmental Health Hazard Assessment (OEHHA) summarizing existing information regarding leachate from outdoor playground and track surfaces constructed from recycled waste tires. The report, titled Evaluation of Health Effects of Recycled Waste Tires in Playground and Track Products, states that published studies indicate that concentrated leachate produced in the laboratory from tire shreds, crumb rubber, or whole tires was toxic to a variety of aquatic organisms in 19 of 31 studies evaluated. Affected organisms include bacteria, algae, aquatic invertebrates, fish, frogs, and plants.

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However, the installations of several fields tested involved tire shreds that were placed below the water table and were in constant contact with the groundwater. The OEHHA report states that at these sites, almost all high values from within the tire trench fell to background concentrations within approximately 10 feet of the trenches. Therefore, the report concluded that it is unlikely that leachate from tire shreds used in outdoor applications such as playground surfaces would yield such concentrated leachate with high enough concentrations to cause adverse effects on aquatic organisms because the products would not have prolonged contact with the rainwater. Further, installations of play fields are typically above the water table and would not be in long-term contact with the groundwater. Similar studies in other states yielded results that were comparable, with conclusions that only dissolved zinc posed a potential risk to surface waters. The levels of dissolved zinc detected in tested runoff were comparable to levels of zinc in typical urban runoff. A Connecticut Department of Environmental Protection report recommends that stormwater best management practices that demonstrate significant removal of dissolved zinc be incorporated into the design of drainage systems for artificial turf fields. The proposed sports field project would include the installation of approximately 65,000 square feet of synthetic turf for the sports field. The synthetic turf would consist of three components: fiber, infill, and backing. The infill, which would be used to provide stability, could potentially be comprised of Styrene- Butadiene-Rubber (SBR) infill, commonly called “tire crumb” that is recovered from scrap tires and from the tire retreading process. This infill could be a source of pollutants in stormwater runoff from the field leachate that could infiltrate to the underlying groundwater. However, the depth to groundwater at this site is approximately 13 to 23 feet and the synthetic turf would not be in contact with the groundwater. In addition, there is a substantial amount of research (Attachment 6 of the Initial Study) suggesting that the concentration of metals and other constituents in the runoff and leachate from the field would not cause adverse water quality effects because the concentration of metals and other constituents would not likely exceed drinking water standards, other applicable water quality standards, or exhibit toxicity. Any concentration of metals or other constituents would likely dissipate within a minimal distance from the field. In addition to these potential effects on water quality, the installation of synthetic turf would preclude the application of materials for the maintenance of a natural turf field at the site. Natural turf maintenance requires the use of fertilizers, pesticides, herbicides, and fungicides that can infiltrate groundwater and/or be conveyed to surface waters through storm runoff. Nevertheless, given the variable composition of infill material in artificial turf, there would be a potential for heavy metals to infiltrate groundwater, a potentially significant impact. However, testing of turf prior to purchase and installation as required in Mitigation Measure HYD-1 would reduce this potential impact to a less-than-significant level. Groundwater Resources. Considering the surface topography for the property area, local groundwater would be expected to flow toward the east. However, actual groundwater flow direction is often locally influenced by factors such as underground structures, seasonal fluctuations, soil and bedrock geology, production wells, and other factors. The geotechnical study conducted on the project site included six borings on the project site and one boring at the location proposed for the eastern end of the pedestrian bridge, on the east side of the Los Gatos Creek. Groundwater was encountered in some borings at depths ranging from approximately 13 feet below ground surface in the southwestern corner of the site to 20 to 23 feet below ground surface in the borings near the Los Gatos Creek. Fluctuations in groundwater levels occur seasonally and over a period of years because of variations in precipitation, temperature, irrigation, and other factors. In addition, a Phase I Environmental Site Assessment (April 13, 2009) prepared by ATC Associates, Inc. for the subject property includes information obtained from a letter entitled “Underground Storage Tank

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Case Closure – GTE, 930 University Avenue, Los Gatos, CA; Case No. 10-060,” prepared by the Santa Clara Valley Water District and dated March 25, 1996. Groundwater depth for the property was reported between 10 and 12 feet below ground surface, with a hydrologic flow towards the southeast. The proposed project would remove extensive portions of existing impervious surfaces on the project site, totaling approximately 120,000 s.f. Removal of impervious surfaces from the project site would improve on-site infiltration of rainfall and contribute to increased groundwater recharge on the project site. Drainage. Elevations on the site range from about 286 feet above mean sea level (MSL) at the southwest corner of the property to a low of about 280 feet at the southeast corner of the property. The site generally consists of an extensive, level area that slopes gently to the southeast. The project site is developed with a single-story office building, a single-story warehouse/vehicle service garage (warehouse building), and various small sheds/storage structures. Storm drainage from the site’s buildings and parking lot is collected in the on-site storm drain system and conveyed to the storm drain system at the eastern boundary of project site and discharged to Los Gatos Creek immediately east of the property. The proposed sports park development for the project site would include the removal of all or portions of the existing storm drain system on the property and replacement with appropriately designed storm drain facilities. The proposed utility plan for the project site includes a typical storm runoff collection system that would be implemented for drainage control on the property. The existing outfall to Los Gatos Creek is in good condition and will be re-used. The conceptual grading plan for the project indicates that existing impervious surfaces on the property cover approximately 120,000 s.f. of the site. The extent of impervious surface area would be reduced to approximately 30,000 s.f. with the implementation of the development plan, constituting a 75 percent reduction in impervious surface area on the site, ensuring that post-project runoff rates would be less than pre-project rates. Therefore, storm runoff volumes that would result from project development could be accommodated by the existing storm drain outfall facilities located at the eastern perimeter of the site, and development would have a less-than-significant impact on drainage facilities. Flood Hazards. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the site is located within Zone X, described as “Areas of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than one foot or with drainage areas less than one square mile; and areas protected by levees from 1% annual chance flood.” Areas adjacent to the site along Los Gatos Creek are mapped within the channel floodway for the 1 percent annual chance flood. The Association of Bay Area Governments has compiled a database of Dam Failure Inundation Hazard Maps (ABAG, 1995). The generalized hazard maps were prepared by dam owners as required by the State Office of Emergency Services and are intended for planning purposes only. Based on the review of these maps, the project site may be partially in an area designated as a dam failure inundation area. In addition, the Town of Los Gatos 2020 General Plan’s Safety Element indicates that a portion of the site would be subject to inundation with the failure of the Lenihan and/or Vasona dams. For the purposes of this analysis, it is assumed that the project site would be affected by inundation from dam failure. The Town of Los Gatos adopted a comprehensive Emergency Operations Plan (EOP) in September 2008. The EOP identifies the existing hazards within the Town, provides guidance and education on effective and skillful emergency response techniques, and ensures the most effective allocation of resources for protection of people and property in time of an emergency. The EOP addresses hazards such as floods and inundation from dam failure. The EOP is intended to help the Town prevent disasters where and when possible; reduce the vulnerability of residents to any disasters that cannot be prevented; establish capabilities for protecting citizens from the effects of disasters; respond effectively to the actual occurrence of disasters; and provide

JULY, 2011 33 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE for recovery in the aftermath of any emergency involving extensive damage. In general, the EOP establishes emergency organization, assigns tasks, specifies policies and general procedures, and provides for coordination of planning efforts of the various emergency staff and service elements utilizing the Standardized Emergency Management System. The EOP identifies the Town’s Emergency Operations Center (EOC) as the location from which centralized emergency management would be performed during a major emergency or disaster, including receiving and disseminating information, maintaining contact with other EOCs and providing instructions to the public. The EOC is located at the Police Operations Building on Los Gatos Boulevard. The Police Operations Building provides a central location of authority and information and face-to-face coordination among personnel who make emergency decisions. As indicated in the EIR for the 2020 General Plan, implementation of the Safety Element’s goals and policies would reduce the potential effects on the site from dam failure to a less-than-significant level. Mitigation Measures – Hydrology and Water Quality (HYD). The following measure shall be implemented by the Town to reduce the sports field’s water quality impacts to less-than-significant levels: HYD-1: Install Synthetic Turf Compliant with Federal and State Standards for Heavy Metals and Semi-volatile Organic Compounds (SVOC) Content. The Town shall establish criteria that limit the total and leachable metal and SVOC content of the synthetic turf to levels that would preclude adverse effects on stormwater quality due to leachate from the field. To demonstrate compliance with these criteria, the Town shall require certified laboratory test results from potential synthetic turf vendors/suppliers. Mitigation Monitoring. The Directors of the Parks & Public Works and Community Development Departments shall be responsible for ensuring that this measure is incorporated into plans and contract specifications prior to issuance of the grading permit. 10. Land Use and Planning The site is currently developed with a paved parking lot and landscaping. The project parcel is currently designated by the 2020 General Plan as “Light Industrial,” while the site is zoned “CM, Controlled Manufacturing.” The Light Industrial General Plan designation allows for “large-scale office developments and selected, well controlled, research and development, industrial park-type and service oriented light industrial uses that are subject to rigid development standards.” The CM zone allows controlled manufacturing, research and development, wholesaling, warehousing, and other light industrial uses. The project vicinity is developed with a mix of light industrial uses ranging from a public storage facility (under construction) immediately to the north, R&D building to the north, and a complex of office buildings associated with the University Park Office and Professional Center to the west. This entire area of light industrial uses is bounded on the east by Los Gatos Creek, on the north by Lark Avenue, on the west by a steeply sloping, wooded hillside (separating it from a residential neighborhood), and on the south by Vasona Lake County Park. Since the proposed project would essentially be a redevelopment project within this light industrial area and allowed by the General Plan and zoning ordinance, the project is consistent with surrounding land uses. Divide an Established Community. The project vicinity is developed with a mix of light industrial uses ranging from the Vasona Lake County Park to the south, a self-storage facility and R&D buildings to the north, and a complex of office buildings associated with the University Park Office and Professional Center to the west. This entire area is bounded on the east by Los Gatos Creek, on the north by Lark Avenue, on the west by a steeply sloping, wooded hillside (separating it from a residential neighborhood), and on the south by Vasona Lake County Park. The proposed project would result in the replacement of existing industrial structures and asphalt paving with a recreational sports field on the project site. Since

JULY, 2011 34 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE the proposed project would essentially be an infill project within this mix of park, office, and light industrial uses and allowed by the General Plan, the project is consistent with surrounding land uses and would not divide an established community. Project Consistency with Land Use Plans and Policies. The Town proposes to develop the property as one of its major recreational facilities. The Town of Los Gatos 2020 General Plan Open Space, Parks, and Recreation Element identifies the project site as the Creekside Sports Park that is in preliminary planning and design stages (Table OSP-2, page OSP-7). The establishment of the new sports field supports the following goals of this Element: § Goal OSP-1: To acquire open space areas within the Town of Los Gatos, particularly lands which provide recreational uses and will protect the public health, welfare, and safety of residents and visitors, including lands in flood plains, watershed lands, or lands subject to fire or geologic hazards. § Goal OSP-3: To make open space areas within the Town accessible to all residents of and visitors to the Town, as appropriate. § Goal OSP-4: To provide recreational facilities that address the needs of the community. § Goal OSP-5: To create and maintain open space areas and parks that enhance and blend into existing natural habitats, residential neighborhoods, and other Town features. § Goal OSP-7: To preserve and enhance Los Gatos Creek and the Los Gatos Creek Trail as open space amenities. To the extent that the 2020 General Plan acknowledges the development of the project site for future active recreational use, the proposed project is consistent with land use plans and supports the community’s goals and objectives for proposed park use. In addition to conformance with the 2020 General Plan provisions, the proposed project would require a conditional use permit (CUP) to be consistent with the Town’s Zoning Ordinance land use designations for the site. The Los Gatos Municipal Code, Section 29.70.225, Conditional Uses in CM or Controlled- Manufacturing Zone, indicates that in addition to the Permitted uses authorized in Section 29.70.220 of the code, the activities listed Section 29.20.185 are allowed if a conditional use permit is issued. Section 29.20.185 presents a table of conditional uses allowed for the various zoning designations in the community. For the CM zone, Table Item (3) Community Services, identifies (a.) public buildings, (e.) public transportation and parking facilities, and (f.) park, plaza, playground as allowed uses. To the extent that the proposed public uses are consistent with the conditional uses permitted in the CM zone, the proposed project conforms to the land use plans and policies that guide development within the community. Consequently, the proposed project would have a less than significant adverse effect on land use in the Town. Compatibility with Adjoining Land Uses. The proposed project would entail the construction and use of a sports park on the subject property. As described above, adjoining land uses include: Vasona Dam and Lake to the south; office commercial and residential uses to the west; office commercial uses to the north; and open space, recreational use (Los Gatos Creek Trail), and the Las Miradas Drive neighborhood to the east. The proposed recreational use would be separated from existing commercial and residential uses to the west by a distance of approximately 190 to 240 horizontal feet, including University Avenue, and a vertical separation ranging from 10 to approximately 25 feet. The intervening buffer area is heavily vegetated with mature oak and eucalyptus trees that screen the project site from these adjoining uses. Similarly, the proposed sports park would be buffered from the Las Miradas Drive residences by the riparian corridor on both sides of Los Gatos Creek. The creek and its riparian vegetation provide a range of approximately 180 to 260 feet of separation between the sports park and the rear yards of these residences.

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The proposed project’s parking lot would be approximately 20 feet south of the Extra Space Storage facility and would be compatible with the facility’s parking on the north side of the structure. The recreational use of the project site would not conflict with the storage function and operation of this adjoining commercial use. The proposed sports park would provide recreational uses that are compatible with the recreational uses available at the Vasona Lake County Park to the south and Los Gatos Creek Trail to the east. The project would be consistent with these existing recreational facilities. Based upon the evaluation of the proposed sports park as part of the Town’s 2020 General Plan Open Space, Parks, and Recreation Element and its EIR, the project’s recreational uses are considered compatible with nearby commercial, residential, and recreational uses. Compatibility of the Project Bridge with the Los Gatos Creek Trail and Residential Uses on Las Miradas Drive to the West. The proposed project also includes a design element to allow pedestrian access to the site from the Los Gatos Creek Trail. The proposed pedestrian bridge would be a 10-foot wide, 160-foot long, freespan structure crossing the creek and connecting the sports park to the Los Gatos Creek Trail. The proposed bridge would terminate at the Los Gatos Creek Trail and include an ADA-compliant ramp extending approximately 50 feet to the north of the bridge terminus. The purpose of the pedestrian bridge is to provide an alternate access mode (walking or bicycling instead of driving) for recreationists accessing the proposed sports park. The eastern pedestrian bridge terminus at Los Gatos Creek Trail would adjoin the rear yard fencing of the residence located at 240 Las Miradas Drive, while the access ramp to the bridge would extend northward for 50 feet along the Trail adjoining 236 Las Miradas Drive. The proposed elevation of the bridge would be higher than the Trail and pedestrians/bicyclists traveling east of the bridge would look directly into the rear yard and livingroom windows of the residence at 240 Las Miradas Drive. This loss of privacy at this residence and possibly at adjacent residences would be a potentially significant impact. The Town has been in contact with the resident(s) closest to the eastern end of the bridge to address privacy and noise concerns, and possibly provide replacement fencing or enhance landscaping that would improve privacy for these properties. With provision of fencing and/or landscaping as specified in Mitigation Measure LU- 1, this impact would be reduced to a less-than-significant level. Neighbors on Las Miradas Way have also expressed concerns that the proposed bridge could attract groups of persons during the non-operational hours of the sports park, thereby increasing the potential for land use compatibility problems. Discussions with the Police Department also confirm that pedestrian bridge access would also be a public safety concern (see Section 14, Public Services for more discussion). The potential increase of conflicts between residential and recreational uses would be a potentially significant impact of the proposed pedestrian bridge. However, provision of gates at both ends of the bridge and closure of these gates when the proposed sports park is closed, as required in Mitigation Measure LU-2 would reduce this impact to a less-than-significant level. The daily closure of these gates at both ends of the bridge would preclude bridge access from both the Trail and sports park. Conflict with Habitat Conservation or Natural Community Conservation Plans. The Los Gatos General Plan does not identify any habitat conservation plans or natural community conservation plans that apply to the project site. Mitigation Measures – Land Use (LU). The following measure shall be implemented by the Town to reduce the potential loss of privacy and land use compatibility problems at the east end of the proposed bridge to a less-than-significant level: LU-1 Provision of Fencing/Landscaping. To reduce the potential loss of privacy, fencing and/or landscaping will be provided in the bridge/ramp vicinity as necessary to minimize loss of

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privacy at adjacent residences. The Town will work with affected residents regarding fence design to maximize privacy at these residences. LU-2 Restricted Access to Pedestrian Bridge. The Town shall install a locking gate on the eastern end of the proposed pedestrian bridge and a similar locking gate on the western end of the pedestrian bridge, or at the sports park entrance, to restrict access to the bridge from both access points during the park’s non-operational hours. Town personnel shall be responsible for locking these gates at the appropriate times of the day. Mitigation Monitoring. The Directors of the Parks & Public Works and Community Development Departments shall be responsible for ensuring that these measures are incorporated into plans and contract specifications prior to issuance of the grading permit. 11. Mineral Resources The Los Gatos General Plan does not identify any regionally or locally-important mineral resources on the project site or in its vicinity. 12. Noise A detailed noise assessment study (including noise measurements and modeling) was completed by Edward L. Pack Associates, Inc. in June 2011 and is included in Attachment 7 of the Initial Study. Certain land uses are particularly sensitive to noise, including schools, hospitals, rest homes, long-term medical and mental care facilities, places of worship, and parks and recreation areas. Residential areas are also considered noise sensitive, especially during the nighttime hours. Existing sensitive receptors located in the project vicinity include residential uses located as close as 200 feet to the east (across Los Gatos Creek), and recreational uses at Vasona Lake County Park and Los Gatos Creek Trail to the south and east. Applicable Noise Guidelines and Standards. The Noise Element of the Los Gatos 2020 General Plan establishes goals and policies for reducing noise levels in the Town. Policies aimed at reducing noise levels must address specific sources of unwanted noise, as well as noise-sensitive receptors. The Noise Element contains guidelines for use in land use planning to reduce future noise and land use incompatibilities (Figure NOI-1 of the Noise Element). These guidelines define acceptability by land use and the following would pertain to the project: Outdoor Spectator Sports: <75 dBA (DNL or CNEL), Normally Acceptable >70 dBA (DNL or CNEL), Clearly Unacceptable Playgrounds, Neighborhood Parks: <70 dBA (DNL or CNEL), Normally Acceptable; 67 to 75 dBA (DNL or CNEL), Normally Unacceptable; >73 dBA (DNL or CNEL), Clearly Unacceptable Los Gatos has established outdoor noise limits, which represent long-range community goals for different land use designations within the town. Table NOI-2, Outdoor Noise Limits, indicates that noise levels of

55 dBA (Leq(24)) are the desired noise level for intensive, developed parks, while noise levels of 55 dBA (DNL) are the desired noise level for residential uses. The Leq(24) is the average of the 24 hourly Leq’s over the course of the day, while DNL is a time-weighted noise level where a 10-dB penalty is added to nighttime Leq’s. The Town’s Noise Element (Policy NOI-1.3) states that these noise limits represent the "long range community aspirations" and acknowledges that such goals may not be attainable at this time. Noise Compatibility of Proposed Uses. The primary sources of noise in the site vicinity are traffic on University Avenue, which carries an Average Daily Traffic (ADT) of 6,500 vehicles, creekflows in Los Gatos Creek, and Vasona Dam during reservoir releases. To determine the existing noise environment, continuous recordings of the sound levels were made at two locations on weekday and weekends. The

JULY, 2011 37 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE results of the field survey are presented in Table 4 of the Initial Study. When existing noise levels measured in the site vicinity are compared to the noise goal of 55 dBA (Leq(24)), recreationists at the proposed sports park would be subject to existing and future noise levels of up to 52 dBA (Leq(24)). Therefore, the proposed park use would be consistent with the Town’s 55-dB (DNL) outdoor noise limit for park uses. The proposed park would be subject to noise levels that are considered “Normally Acceptable,” a less-than-significant noise impact. When existing noise levels measured in the site vicinity are compared to the noise goal of 55 dBA

(Leq(24)), recreationists at the proposed sports park would be subject to existing and future noise levels of up to 52 dBA (Leq(24)). Therefore, the proposed park use would be consistent with the Town’s 55-dB (DNL) outdoor noise limit for park uses. The proposed park would be subject to noise levels that are considered “Normally Acceptable,” a less-than-significant noise impact. Groundborne Noise and Vibration. Groundborne vibration and noise levels generated by most types of construction activities would not exceed threshold levels for cosmetic damage to structures. However, operation of impact or vibration pile drivers or large truck-mounted compactors can generate vibration levels that would disturb neighbors and could result in cosmetic damage to adjacent structures at distances of less than 50 feet. There is self-storage warehouse building currently under construction that would be located approximately 20 feet north of the project site’s northern boundary, but there are no other existing structures within a 50-foot radius of project site boundaries. Operation of such equipment as part of project construction would not be required and is not proposed. Therefore, impacts associated with groundborne vibration and noise are expected to be less than significant. Long-term Noise Increases. The Los Gatos Noise Element specifies Outdoor Noise Limits of 55 dBA

(Leq(24)) for park uses and 55 dBA (DNL) for residential uses, and these levels are applied as the Town’s significance threshold for noise compatibility with adjacent uses. In addition, the project would be subject to noise limits specified in the Los Gatos Noise Ordinance. For public property uses, the Noise Ordinance specified a limit of 15 decibels above the average ambient (Leq) sound level. For purposes of determining the significance of project-related traffic noise increases, the significance thresholds contained in the 2020 General Plan EIR (Table 4.10-8 of the General Plan EIR and Town’s exterior noise limits) are applied and they are as follows: § Ambient Noise Levels Below 60 dBA (DNL or CNEL): 5 dBA or more noise increase would be significant. § Ambient Noise Levels Between 60 dBA and 65 dBA (DNL or CNEL): 3 dBA or more increase would be significant. § Ambient Noise Levels Above 65 dBA (DNL or CNEL): 1.5 dBA or more increase would be significant. Project-related Operational Noise Increases. The proposed sports park would generate recreation-related noise in the immediate vicinity. While the proposed sports field would be used primarily for soccer, other sports activities, such as lacrosse or field hockey, may also use the field. Most recreational or small organized sports do no generate high levels of noise. Soccer game noise is created primarily by the shouts of spectators and referee whistles. Therefore, other sports activities other than soccer are not expected to generate noise levels substantially different than those created by soccer games. Note that soccer games are a worst-case scenario compared to practices as sports practice has little, if any, spectator activity. Noise level estimates attributable to soccer games has been estimated based on measurements taken at a range of youth soccer games (with varying levels of play) as well as a women’s soccer game at a community college with varying numbers of spectators. In general, noise measurements indicate that soccer games generate average sound levels of up to 49 to 52 dBA (Leq) at 210 feet from the center of the

JULY, 2011 38 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE field. Based on these noise measurements, project-generated noise levels during soccer practices and games are estimated at the closest sensitive receptors and presented in Table 4 of the Initial Study. A pedestrian bridge is proposed to extend from the project site, across Los Gatos Creek and connect with Los Gatos Creek Trail. Neighbors have expressed concerns that the bridge could result in an increase in noise by increasing the number of trail users and creating an opportunity for nuisance noise problems. Since there are no motors or equipment that would be operated on this bridge, noise impacts from operational noise would be limited to nuisance noise, which is an enforcement not a noise compliance issue (see discussion under Section 10b, Project Consistency with Land Use Plans and Policies). On-site Traffic Noise. The project-generated traffic noise exposure from vehicles accessing the parking was calculated by assuming that all 41 parking spaces would turn over each hour resulting in 82 vehicle trips on the driveway closest to the Las Miradas Drive residences (200 feet from the centerline of the driveway). Each vehicle is estimated to generate a 10-second passby sound level of 60 dBA at a distance of 25 feet at a speed of 10 mph. This sound level is typical of a large car or SUV. This volume equates to 13 minutes of constant vehicles noise per hour. At the residential property line, each vehicle sound level would be 46 dBA. Eighty-one vehicles per hour yield an hourly Leq of 40 dBA. Also assuming that this parking lot turn over occurs each hour for thirteen hours (worst-case condition), the noise exposure is calculated to be 37 dB (DNL) (see Table 4 of the Initial Study). The combination of parking lot traffic noise and soccer game noise would yield a combined total noise exposure of 46 dB DNL at Location 1, as the parking lot traffic noise could add up to 1 decibel to the soccer game noise. Off-site Traffic Noise. To determine the effect of project traffic on the existing and future background noise environments, the project traffic volumes on University Avenue were compared to traffic volumes on University Avenue under the following scenarios: Existing, Existing Plus Approved/Background, Existing Plus Approved/Background Plus Pending Conditions (see Attachment 7 of the Initial Study for traffic volumes). As shown in Table 5 of the Initial Study, the project would add a negligible amount of traffic to the existing and future traffic volumes on University Avenue. Likewise, the project’s contribution of traffic noise would also be negligible. As shown in Table 5 of the Initial Study, the project would add a negligible amount of traffic to the existing and future traffic volumes on University Avenue. Therefore, the contribution of project traffic noise will also be negligible, and considered to be less than significant when compared to the significance thresholds listed above for traffic noise increases. Project Consistency with Outdoor Noise Limits. When these noise levels are adjusted for distance, the project’s game-related noise levels at the nearest sensitive receptors (Locations 1 and 2) are estimated to not exceed ambient daytime noise levels or 24-hour noise levels (DNL) on weekdays or weekends (see project game-related noise levels listed in Table 4 of the Initial Study). Therefore, project-related noise levels associated with soccer practices and games would have a less-than-significant impact on the closest sensitive receptors and local noise environment. Project Consistency with Town Noise Ordinance. To evaluate the project-generated noise levels against the standards of the Town of Los Gatos Noise Ordinance, the project-generated noise levels of 48 dBA

(Leq) at the Las Miradas Drive residences to the east and 53 dBA (Leq) at the University Avenue property line of the closest residence to the west were compared to the “ambient + 15 decibels”, as defined by the Noise Ordinance as the limit for public property noise sources. The ambient sound levels used for evaluation purposes are those occurring during the field operating hours of 8:00 a.m. to 9:00 p.m. At the Las Miradas Drive residential property line (Location 1), the lowest ambient sound level was measured to be 52.1 dBA (Leq), which occurred at 5:00 p.m. Saturday and 12:00 p.m. Sunday. The prescribed noise limit, therefore, is 67.1 dBA (Leq). Thus, the soccer game noise level of 48 dBA (Leq) would be within the limits of the standards and would be below the existing ambient sound levels.

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At the University Avenue property line of the closest residence (Location 2), the lowest ambient sound level was measured to be 57.0 dBA (Leq), which occurred at 8:00 a.m. Sunday. The prescribed noise limit, therefore, is 71.1 dBA (Leq). Thus, the soccer game noise level of 53 dBA (Leq) would not exceed the noise ordinance limits and would be below the existing ambient sound levels. Since the estimated noise exposure from both the proposed soccer activities and traffic operations would not exceed the 55 dB DNL Outdoor Noise Limit of the Town of Los Gatos Noise Element or the +15 dB limit in noise increases, the project’s operational noise impacts would be less than significant. Short-Term Noise Increases. Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. Construction noise sources range from about 76 to 85 dBA at 50 feet for most types of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be reduced by 1 to 16 dBA, depending on the type of equipment. The potential for construction-related noise increases to adversely affect nearby residential receptors would depend on the location and proximity of construction activities to these receptors. The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. The closest sensitive receptors are residences located approximately 200 feet to the east, across Los Gatos Creek. At 200 feet, the ordinance noise limit would result in maximum noise levels of 67 dBA at the closest residences to the east. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of a building exceeds 60 dBA. To maintain such interior noise levels, exterior noise levels at the closest residences (with windows closed) should not exceed 70 to 80 dBA and this exterior noise level is used as a significance threshold or criterion and construction noise levels at the closest residences to the east would not exceed this criterion. Enforcement of time restrictions and noise level standards contained in the Town Noise Ordinance would help maintain construction noise levels at acceptable levels, minimizing the potential for speech interference effects when heavy equipment is operated on the project site. Therefore, it is anticipated that construction noise impacts could be maintained at less-than-significant levels with proper implementation of Town Noise Ordinance restrictions. Airport-Related Issues. The project site is not located within an airport land use plan. There is no public airport, public use airport, or private airstrip located within the Town’s boundaries or within two miles of the project site. For air travel, the closest international airports are San Jose International Airport, San Francisco International Airport, and Oakland International Airport. The proposed project would not expose people residing or working in the area to excessive noise levels. Therefore, there would be no impact. 13. Population and Housing Growth-Inducement Impacts. The proposed project would provide recreational facilities for the existing and future residents of the town and would not result in a significant increase in local population. The project would not be considered growth-inducing, since the project would be an infill development in an area already developed with light industrial uses and the project would not extend roads or infrastructure to any adjacent properties. The construction of a pedestrian bridge as part of the project would connect the proposed sports field to the existing Los Gatos Creek Trail. Areas adjoining the Trail are developed with residential uses. Displacement of Housing or Residents. The project site presently contains industrial buildings and provides no residential uses. The development of the proposed sports park would entail the demolition of all of the subject property’s industrial structures and no housing or residents would be displaced from the

JULY, 2011 40 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE project site. Development of the proposed sports park and bridge would not displace any housing or residents. 14. Public Services The project site is presently developed as industrial office and service space and requires public services such as fire protection and law enforcement. The project site does not generate a student population and does not require school or recreational services. Under the project proposal, there would be an incremental increase in demand for public services related to fire and police protection; the project would provide recreational services through the development of a sports park on the site. Impacts on park and recreational facilities are discussed in Section 15, Recreation. Fire Protection. The Santa Clara County Fire Department provides fire protection services to the project area and to existing development on the project site. Daily emergency response staffing consists of 70 career fire personnel on a 24-hour shift assignment plus one 40-hour Battalion Chief in Battalion 12, operating 21 pieces of first-line apparatus, plus three Battalion Chief command vehicles, operating from 17 fire stations. The Department employs a form of "peak load staffing" by staffing patrols and other apparatus during high fire danger periods, during storms and anticipated flooding, and for special events. Services are already provided to the project site as well as to adjacent light industrial, residential, and recreational uses. No significant increase in demand on public services is expected to be required for the proposed sports park since this project replaces an existing industrial use. The Santa Clara County Fire Department has reviewed the project plans for site access and water supply, and the project will be required to meet Department requirements for minimum fire flow, hydrant spacing/location, building access requirements, etc. The project’s concession stand/restroom structure will be approximately 800 s.f. and therefore, will not be required to install an automatic fire sprinkler system. Fire sprinklers are required for buildings larger than 3,600 s.f. Adequate fire apparatus (engine) access, pursuant to Santa Clara County Fire Department Standard Details & Specifications A-1, would need to be provided on the access road, which includes 20-foot pavement width, a minimum turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15 percent. The proposed plan will be subject to formal plan review by the Santa Clara County Fire Department to determine compliance with adopted model codes. The Fire Department has indicated that the concession stand kitchen should be limited to heating/warming appliances; a deep fryer or grill will trigger the need for a hood duct extinguisher. Santa Clara County has a high potential for devastating wildland fires. Based on a “Fire Hazard Severity Zone” map developed by the California Department of Forestry (CDF), the majority of the County is identified within the “high” fire severity zone, with smaller portions of the County within the “moderate” and “very high” fire severity zones. The 2020 General Plan Safety Element Figure SAF-3 illustrates the fire hazard severity zones in the Los Gatos area. The project site is located in a Moderate Fire Hazard Severity Zone limited to small area immediately around Vasona Reservoir. This Zone is surrounded by urban uses classified as a Non-Wildland/Urban Zone. This topic is discussed further in Section 8h. of this study. Police Protection. Public safety services for the project site include police protection by the Los Gatos/Monte Sereno Police Department. The police department serves a combined population of approximately 34,000 residents. The Police Department consists of the following individual departments: administration, records and communications, patrol, investigations, traffic program, personnel and community services and parking management. The department is comprised of 64 sworn and civilian personnel, and over 150 community volunteers. Staffing levels entail one chief, two captains, nine sergeants, and 30 officers (Los Gatos/ Monte Sereno Police Department, 2011). In total, the existing Police Department offices at the Civic

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Center in combination with the Los Gatos Boulevard facility occupy a 12,260 s.f. area. The patrols for beats within the Los Gatos – Monte Sereno communities consist of three shifts, with three to four officers and one sergeant on duty per shift. Patrols originate from the new operations center on Los Gatos Boulevard. The proposed project would encompass the development of a sports park serving recreational use during daylight hours. The Los Gatos/Monte Sereno Police Department currently patrols existing development surrounding the project site and would be able to provide its current high level of police protection service for the new sports park. The Police Department has indicated that it has received a relatively low number of service calls for incidents on the Los Gatos Creek Trail segment between Roberts Road and Knowles Drive, near the Town limits. For the prior two years (2009 and 2010), there have been 20 and 22 calls, respectively. The nature of the calls has been confined to nuisance activities and do not extend to crimes such as assaults. To date (in 2011), the Department has responded to 11 calls, which is consistent with the level of calls for the last two years. A review of the project elements with the Department indicates that the pedestrian bridge itself would not be a safety concern if access were restricted to the hours of sports park operation. However, potential access to the bridge during the night could attract public use and activities that would conflict with residential uses along Las Miradas Drive. This would be considered a potentially significant effect of the project. However, implementation of security measures outlined in Mitigation Measure LU-2 would reduce this impact to a less-than-significant level. 15. Recreation The recently updated Town of Los Gatos 2020 General Plan includes an Open Space, Parks, and Recreation Element that identifies Town recreational facilities serving existing and future residents in the community, as well as open space uses. The Element notes that, in addition to the four open space areas and preserves, the Town has a total of 37 parks and recreational facilities. The facilities are illustrated in Figure OSP-1 of the Element and summarized as follows: § Fifteen Town-owned and operated facilities § Two Santa Clara County Parks and Recreation facilities § Nine local public school district facilities § One community-based facility § Five faith-based facilities § One private school facility § Four private athletic club facilities The Town of Los Gatos contains a total of seventeen publicly-owned and operated parks. Fifteen of these parks are located on Town-owned land and are maintained by the PPW Department and the remaining two parks are owned and operated by the Santa Clara County Parks and Recreation Department. In total, there are approximately 240 acres of parkland within Los Gatos, containing nearly seven miles of multi- use trails and over 65 acres of lawn area. Los Gatos has 15 recreational facilities containing one or more sports fields on-site. Table OSP-2 of the Element provides a summary of each facility’s fields and recreational league use. As shown in the table, 13 of the 15 identified facilities currently have one or more baseball fields, for a total of 24 baseball fields. These facilities are owned by public, quasi-public, and private organizations, including: § Town of Los Gatos § Los Gatos Union Elementary School District § Los Gatos-Saratoga Joint Union High School District

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§ Los Gatos Union School District § Campbell Union School District § Community or faith-based groups § A private school Of the 15 facilities, two are unavailable for use by outside groups or leagues. Out of the 13 facilities available for use by outside leagues or teams, six have availability for additional activities and scheduled uses – Balzer Field, Blossom Hill Park, Live Oak Manor Park, Oak Meadow Park, Rolling Hills Middle School, and the Mulberry School. Two of the facilities with fields have complete availability during the spring season: Oak Meadow Park and the Mulberry School. However, Oak Meadow Park is generally a high-use park where picnicking, use of the playground, hiking, and biking occur. Organized athletic activities would displace these informal uses. In addition, the Mulberry School is currently considered very undesirable for league activities due to its uneven terrain. Therefore, for organized athletic events to occur on the Mulberry School field, renovations may be necessary. The eight facilities that are currently at capacity (no additional field availability) include all four schools of the Los Gatos Union Elementary School District, Los Gatos High School, two schools in the Union School District, and the Jewish Community Center. In addition to student and resident use, several of the fields are utilized by local sports leagues for team practices and games. These leagues include: LGS Recreation, Los Gatos Unified Soccer League, Los Gatos Little League, Los Gatos-Saratoga Softball Association, Los Gatos Pony League, Union Little League, Pacific Union Academy, and the Branham Hill Girls Softball League. Currently, LGS Recreation and the Los Gatos Unified Soccer League each utilize seven different facilities for athletic activities throughout Los Gatos. Los Gatos Little League holds games and practices at five different facilities within Los Gatos. Additionally, 11 of the facilities include a multi-use field area that permits scheduled activities and is appropriate for organized group sporting events. These facilities provide a total of approximately 516,700 square feet of multi-use field space within Los Gatos. These fields are utilized by school children, organized teams, and sports leagues, as well as by the general public. Demand for Recreational Facilities. The project would provide new recreational facilities as planned in the 2020 General Plan. The provision of these facilities alleviates use of existing neighborhood and regional parks or other recreational facilities, thereby reducing physical deterioration of existing facilities. Furthermore, the proposed sports park would address cumulative increases in demand for local and regional parks as a result of future growth in the community per the Town's 2020 General Plan. The EIR for the 2020 General Plan (pages 4.12-33 and 4.12-40) determined that existing parks designated in the 2020 General Plan were adequate to meet existing and future (with General Plan growth) demand for recreational facilities, based on Quimby Act standards. Impacts Related to Construction of Recreational Facilities. The proposed project entails the construction of recreational facilities, which might have an adverse physical effect on the environment. This study analyzes the potentially adverse physical effects of the project for all of the relevant topics indicated in the CEQA Guidelines. Therefore, construction-related impacts of on-site recreational facilities that would occur as part of project construction have been evaluated in this document. 16. Transportation/Traffic The Town’s Traffic Impact Policy (Resolution 1991-174) requires preparation of a detailed traffic study for any project with the potential to generate 20 or more additional AM or PM peak hour trips. A detailed Traffic Impact Analysis (TIA) and Parking Analysis were completed by the Town’s consulting traffic engineer, TJKM Transportation Consultants in June 2011 and these reports are included in Attachments 8 and 9, respectively, of the Initial Study.

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Trip Generation. The proposed sports park is expected to generate 71 weekday daily trips with 21 trips occurring during the weekday PM peak hour and 29 trips occurring during the weekend midday peak hour. The trip generation is estimated based on rates published by the Institute of Transportation Engineers’ (ITE) in Trip Generation (8th Edition). However, in order to reflect a more conservative, worst-case traffic analysis, TJKM assumed the majority of trips arriving and departing the sports field during the peak hour would occur during a 30-minute period at the project site. Under these conservative assumptions, the proposed project could generate up to 42 trips (inbound and outbound) during the PM peak hour on weekdays and up to 58 trips during the weekend midday peak hour. Impacts on the Circulation System and Conflicts with Congestion Management Program - Intersection Operations. TJKM evaluated the project’s impact at the following intersections: (1) University Avenue/Lark Avenue, (2) University Avenue/project access, and (3) University Avenue/Blossom Hill Road. The level of service analysis results are summarized in Table 6 of the Initial Study for Existing, Existing Plus Approved/Background, Existing Plus Approved/Background Plus Project, and Existing Plus Approved/Background Plus Project Plus Pending Conditions. Under Existing Conditions, the University Avenue intersections with the project access and Blossom Hill Road operate acceptably during the AM and PM peak hours (LOS D or better), but the University Avenue/Lark Avenue intersection currently operates at an unacceptable LOS F during the AM and PM peak hours. With 15 approved projects identified in the project area1 (Existing Plus Approved/Background Conditions), the University Avenue intersections with the Project Access and Blossom Hill Road would continue to operate acceptably (LOS D or better) and the University Avenue/Lark Avenue intersection would continue to operate at an unacceptable LOS F during the AM and PM peak hours, with a negligible increase in delay (less than one second of average delay). Currently, Lark Avenue/University Avenue is a four-legged, unsignalized intersection with two-way stop control for University Avenue and a driveway (north leg). Lark Avenue runs in east-west direction and University Avenue runs in north-south direction. University Avenue is a two-lane roadway with a posted speed limit of 35 mph. During the morning and the evening peak periods, queues were observed at the northbound intersection approach on University Avenue. TJKM performed peak hour queue and delay studies at this intersection in the northbound direction. Based on these field studies, during the PM peak hour, the average control delay is approximately 120 seconds per vehicle with a maximum observed queue of 8 vehicles. It should be noted that these field observations are in same range as the HCM analysis results (included in Appendix C of the TJKM report, which is included in Attachment 8 of the Initial Study). Based on the detailed signal warrant analysis,2 three out of eight warrants are currently met. According to Town staff, this intersection is currently under design for installation of a new traffic signal. With planned signalization, this intersection will operate at an acceptable LOS B under both Existing and Existing Plus Approved/Background Conditions. With the proposed project (Existing Plus Approved/Background Plus Project Conditions), all study intersections are expected to continue operating at essentially the same level of service as Existing Plus Background Conditions during the AM and PM peak hours (University Avenue/Project Access and University Avenue/Blossom Hill Road intersections at LOS D or better, and University Avenue/Lark Avenue intersection at LOS F). When compared to Existing Conditions, all study intersections would operate at the same levels of service but with a negligible increase in delay (less than one second of

1 The list of projects is included under Section 18, Cumulative Impacts, and in Attachment 7 of the Initial Study. These projects are expected to add a total of 991 vehicular trips to the town’s street network during the PM peak hour. 2 TJKM performed traffic signal warrants based on Caltrans guidelines that uses the Manual on Uniform Traffic Control Devices (MUTCD) 2003 California supplement. Town staff provided all the required information for the signal warrant analysis such as pedestrian, collision data, etc. Table II in the TJKM study provides the summary of signal warrant analysis and the detail signal warrant worksheets are provided at the end of Appendix C (both are included in Attachment 8 of the Initial Study).

JULY, 2011 44 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE average delay and not more than one car to intersection queues). With planned signalization of the University Avenue/Lark Avenue intersection, this intersection would operate at LOS B under Existing Plus Approved/Background Plus Project Conditions. With signalization, the project’s impact on study intersections would be less than significant. Cumulative Impacts. TJKM identifies 8 pending projects3 that could contribute a total of 293 AM peak hour trips and 557 PM peak hour trips onto the Los Gatos street network. When traffic from pending projects are added (Existing Plus Approved/Background Plus Project Plus Pending Conditions), study intersections are expected to operate acceptably and at essentially the same level of service as under Background Plus Project Conditions, LOS D or better weekday PM peak hour and weekend midday peak hour except for the University Avenue/Lark Avenue intersection. With planned signalization of the University Avenue/Lark Avenue intersection, this intersection would operate at LOS B under Approved/Background Plus Project Plus Pending Conditions. Therefore, the project’s contribution to cumulative impacts on intersection operations would not be cumulatively considerable, and therefore, less than significant. Air Traffic Patterns. The project site is not located within an airport land use plan, nor is there a public airport, public use airport, or private airstrip located in the project vicinity. Therefore, the project would have no impact on air traffic patterns, would not directly increase air traffic levels, nor would there be any change in location that results in substantial safety risks. Traffic Safety Hazards. The proposed project is expected to have little or no impact on the collision rate (or safety) at study intersections or study road segments. Based on the 2004 Accident Data for California State Highways, the average statewide accident rate is 0.58 accidents per million vehicles for four-legged, suburban signalized intersections and 0.34 accidents per million vehicles for suburban, unsignalized intersections. Based on collision reports obtained from Town staff for the last two years (April 1, 2008 to March 31, 2010) and existing peak hour turning movement counts, the collision rates for the University Avenue/Lark Avenue (0.05 collisions per million vehicles) and University Avenue/Blossom Hill Road (0.22 collisions per million vehicles) intersections are below the statewide average collision rates. The collision rate along the section of University Avenue between Lark Avenue and Blossom Hill Road (1.35 collisions per million vehicles) is also less than the statewide average of 1.47 collisions per million vehicles. Therefore, the proposed project’s impact on future collision rates would be less than significant. Vehicular Access and Parking. The access to the project site is via an all-way access driveway on University Avenue located approximately 1,150 feet to the south of Lark Avenue. The project driveway (minor approach) is expected to operate with a stop control and would be shared with a self-storage facility at 950 University Avenue, currently under construction. The sports park hours are expected to be from 9:00 a.m. in the morning to a half-hour past sunset during the week and 8:00 a.m.to a half-hour past sunset on weekends. It should be noted that the sunset time varies at least by a couple of hours from the peak of summer to the winter months. The soccer park management team proposes to conduct one game at any given time. The team size may vary from 13 players for the Under-8 Years group to 21 players for the Under-19 Years group. Similarly, for games involving older players, there would be an average of 45 people (players, coaches, referees, spectators etc.). Since games and practices are scheduled, the number of vehicles traveling to/from the park, parking, and in the site vicinity could increase during the game transition time. The shared access driveway and nearby Los Gatos street system would be adequate to accommodate expected traffic levels during these busier, transition times.

3 The list of projects is included under Section 18b, Cumulative Impacts, and in Attachment 8 of the Initial Study. These projects are expected to add a total of 2,554 vehicular trips to the town’s street network during the weekday PM peak hour.

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TJKM performed a parking study for the park based on the proposed soccer use (Attachment 9 of the Initial Study). Parking demands would also be applicable to other similar team sport uses such as lacrosse. Based on the peak parking demand rates provided in the ITE Parking Generation Manual, the proposed project is estimated to generate a peak parking demand of 39 vehicles during the weekday PM peak period and 59 vehicles during the weekend peak periods. Based on ITE parking demand rates, the 41-space parking lot proposed on the project site would be adequate to accommodate weekday peak parking demand, but would not be adequate to meet weekend peak parking demand. Approximately 20 additional spaces would be needed to meet estimated maximum weekend demand. However, the Town also proposes to establish shared use of the parking lot associated with the office building at 980 University Avenue, which is located immediately north of the project driveway. TJKM conducted weekday and weekend parking occupancy surveys of this parking lot and observed that this parking lot has a large number of unoccupied parking spaces on weekends, which is when the proposed project would have excess parking demand. Therefore, with use of this parking lot, the project’s weekday and weekend parking demands would be met. It should be noted, however, that approximately 20 on-street parking spaces are available, particularly on weekends, and would also help meet the project’s excess parking demand. Emergency Access. Primary emergency access to the site would be available from University Avenue via a shared driveway that traverses the Extra Space Storage property located north of the site. Secondary emergency access to the site would be provided from the south by a road located on top of the Vasona Percol Dam. To the south of the site, there is a gated access from University Avenue to this road and vehicular access is available down the dam’s embankment to the southern site boundary. There is a locked gate at the base of the embankment and southern project boundary. The Town has access to both locked gates, and therefore, secondary emergency access to the site would be available from University Avenue via these gates and road. Therefore, the project’s impact on emergency access would be less than significant. The Town proposes to construct a pedestrian bridge across Los Gatos Creek, which would provide pedestrian access to the proposed park from Los Gatos Creek Trail. This trail, in turn, could increase emergency access to the trail by reducing response time since this one-half mile long section of the trail is accessible only from the Vasona County Park/Garden Hill Court on the south and Lark Avenue on the north. The bridge would be located approximately halfway between these two trail access points. Conflicts with Alternative Transportation (Pedestrian, Bicycle, and Transit Access). Currently, there are sidewalks along the west side of University Avenue and on both sides of Lark Avenue. There are no sidewalks along the east side of University Avenue in the site vicinity except for a short section south of Lark Avenue. South of the site, there are no sidewalks on either side of University Avenue adjacent to Vasona Lake. Sidewalks extend along both sides of University Avenue, just north of Blossom Hill Road. At present, there are no bike lanes along University Avenue in the vicinity of the project site. Class II bike lanes extend along both Lark Avenue and Winchester Boulevard near the project site. Based on field observations, only Bus Route 48 runs along Winchester Boulevard in the vicinity of the project site. Bus Route 48 operates between the Winchester Transit Center and the Los Gatos Civic Center. Since the majority of soccer players are typically driven to practices and games, the project is not expected to generate much pedestrian or bicycle traffic in the project vicinity. Given that players need special shoes and equipment to play, access by bicycle or foot for long distances may be cumbersome, particularly for younger players, when carrying equipment and clothing. Project-related increases in transit demand are also expected to be limited given the one-third mile distance between the site and the nearest bus stop for Bus Route 48 on Winchester Boulevard (south of Lark Avenue). Consistent with the Town’s park design guidelines to provide safe and convenient access to the proposed park, the project would include a pedestrian bridge across Los Gatos Creek to allow access to the

JULY, 2011 46 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE proposed park from the Los Gatos Creek Trail. Since there are no sidewalks along the east side of University Avenue, no crosswalks to allow safe pedestrian crossing of University Avenue from the crosswalk on the west side of this street to the site entrance, and no bike lanes along University Avenue, this bridge would provide a safer option for access to the proposed park using alternative modes of transportation (i.e. pedestrian or bicycle). Even with this safer option available, however, it is expected that the project would not significantly increase average trail use given the scheduled nature of proposed sporting activities. Trail counts taken by the City of San Jose indicate there were 367 peak-hour trail users in 2009 and 391 in 2008 along the section of trail north of the site (at Hamilton Avenue). Even if half of the estimated peak hourly attendance of 45 persons accessed the site by this trail, such an increase would represent a 6 percent increase. Such a small increase is considered a less-than-significant impact, particularly because a much lower percentage increase would likely occur since most if not almost all players are typically driven to practices and games in youth sports. 17. Utilities and Service Systems Wastewater Facilities and Service. The West Valley Sanitation District (WVSD) provides wastewater collection and disposal services for the cities of Campbell, Los Gatos, Monte Sereno, much of Saratoga and some unincorporated areas of the county within the district boundary. WVSD serves approximately 112,000 persons, including most of the population of the Town of Los Gatos. The WVSD’s system within the Town of Los Gatos consists of gravity mains ranging from 6 inches to 27 inches in diameter. The collection system flows north, exiting the Town limits through multiple trunk sewers. These systems continue to the north through the City of San Jose trunk sewers and ultimately to the San Jose/Santa Clara Water Pollution Control Plant in Alviso. The project site presently contains two industrial structures and ancillary structures. A WVSD trunk line enters the site at the southwest corner and continues east along the south property line. It then continues north through the site along the east property line. The existing buildings tap into this trunk line. The proposed concession building will tap into the existing trunk line on the south property line. The project will result in a decrease in wastewater flow generation and would have a less-than-significant effect on wastewater collection and treatment facilities serving the project site. Water Facilities and Service. Water service to the project area is provided by the San Jose Water Company (SJWC). The SJWC supplies domestic water to Los Gatos, Monte Sereno, San Jose, Campbell, Saratoga, and Cupertino. Water supply sources include ground water, mountain surface water, imported surface water, and the Cupertino Water System. Groundwater is pumped from over 100 wells that draw water from the Santa Clara Groundwater Basin. During 2000, groundwater pumped from deep wells was approximately 39 percent of SJWC’s supply. Surface water imported from the Sacramento-San Joaquin Delta and purchased from the SCVWD comprises 51 percent of SJWC’s supply. A smaller portion is impounded in local reservoirs in Santa Clara County. Local surface water from the watershed in the Santa Cruz Mountains is 10 percent of SJWC’s supply. Recent analysis of water demand by the city of Santa Clara for its 2010 Urban Water Management Plan indicates that municipal usage of water is approximately 16 percent of industrial demand. Water usage is inherently variable and dependent on a number of factors including weather, season, day, hour, customer category and, for certain industries, business climate and the economy. Long-term general trends in overall usage are valuable in projecting future supply requirements for categories of users. Under the project proposal for the installation of synthetic turf and water-conserving landscape planting and irrigation, the project’s demand for domestic water would be substantially reduced from levels required for previous industrial activities conducted on the site. A water service line enters the project site near the northeast corner of the site and extends to the center of the property to the existing buildings on the site. The proposed project would extend a water service line

JULY, 2011 47 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE from the northeast corner of the site along the eastern perimeter of the sports field to the southern boundary of the property, then northward to the proposed concession/restroom structure. The proposed extension of the existing water line would be performed in conjunction with grading and trenching activities required for site development. The extension and use of the existing on-site water line would have a less-than-significant effect on water service facilities and water supplies needed to serve the project site. Stormwater Drainage Facilities. There are existing storm drain facilities on the site, but the concept for the proposed storm drain system is shown in Figure 4 of the Initial Study. Proposed storm drainage facilities are discussed above in more detail under Section 9, Hydrology and Water Quality. Solid Waste. The West Valley Collection & Recycling, LLC (WVCR) is the exclusive recycling, green waste, and garbage hauler for the Town of Los Gatos, the cities of Campbell, Monte Sereno, and Saratoga and unincorporated Santa Clara County. All recycling, green waste, and garbage are picked up by WVCR and transported directly to the Guadalupe Landfill, located in the City of San Jose. WVCR has indicated that synthetic turf is currently transported to a landfill; the recycled rubber component of the synthetic turf is not recycled. Further discussion with the State Department of Resources Recycling and Recovery (CalRecycle) indicates that turf can be disposed of at a Class III landfills (consistent with used tires). Most companies are not recycling, but this is partly because the disposal issue is still fairly new as the first wave of artificial fields installed are just now reaching the end of their useful lives. Information from product manufacturers indicates that they are having success with re-pelletizing the blades into useful products, and recycling the sand and rubber (crumb rubber infill) components into asphalt. Manufacturers of synthetic turf indicate that current products are 100 percent recyclable, and have been used for purposes such as school bags, batting cages, barn mats, top dressing for natural grass, lining for highway barrels, backing for road bases, tote bags, and t-shirts. While old fields are generally not recyclable because of the backing materials, the new fields manufactured within approximately the last five years are more recyclable because of the newer latex backing. One company has recycled about 13 fields; however, less information is available for the industry as a whole. It should be noted that the turf product is made from recycled materials and the manufacture of the product has diverted some materials such as tires from placement in landfill. The Town will be responsible for meeting State guidelines in recycling 50% of demolition and construction materials when the sports field’s synthetic turf requires replacement. As indicated above, one manufacturer has been successful with recycling 100% of its product. Consequently, the removal and disposal of demolition/construction materials from the sports field would have a less than significant effect on solid waste services. 18. Mandatory Findings of Significance Significant Impacts on the Natural and Man-Made Environments. This Initial Study indicates the proposed sports park project would have a less-than-significant effect on the natural and man-made environment except for the following: § Biological Resources: Potential impacts on the Los Gatos Creek riparian habitat and on- and off- site trees to be removed. § Geology and Soils: Soil corrosivity effects on proposed underground facilities. § Hazards and Hazardous Materials: Public health risks posed from hazardous materials occurring on-site. § Hydrology and Water Quality: The potential for heavy metals to infiltrate groundwater due to the variable composition of infill material in artificial turf.

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§ Public Services: Potential increases in nighttime nuisance activities and resulting disturbance to adjacent residential uses with the proposed bridge. All mitigation measures outlined in this Initial Study will be required to reduce these impacts to less-than- significant levels. Cumulative Impacts. When the proposed project is considered together with other recently constructed, approved, or proposed projects in the vicinity, the proposed project could contribute to cumulative impacts, particularly those related to traffic increases and associated air quality and noise impacts. Approved projects that are located within the project area or would have some influence on the project area such as traffic, and within the Town of Los Gatos that have been approved but not yet constructed or constructed but not yet fully occupied are listed as follows: 1. 15940 Blossom Hill Road (residential) 2. 371 Los Gatos Boulevard (residential) 3. 55 Los Gatos Saratoga (retail/office) 4. 15720 Winchester Boulevard (office development replaces a single-family home) 5. 14881 National Avenue (medical office development replaces a single-family home) 6. 15400 Los Gatos Boulevard (office/retail) 7. 950 University Avenue (self-storage) 8. Samaritan Way (medical office) 9. Town Library (new library replaces the existing library) 10. 470 N. Santa Cruz Avenue (Safeway grocery store expansion) 11. 55 Placer Oaks (single-family housing) 12. 16922 Mitchell Avenue (residential) 13. 15780 Los Gatos Boulevard (medical office) 14. 15881 Linda Avenue (residential) 15. 15928 Union Avenue (residential) The following projects are foreseeable developments that have not been approved, and are likely to add traffic to study intersections: 1. 16005 Los Gatos Boulevard (townhomes/condos/single family and specialty retail)4 2. 16213 Los Gatos Boulevard (residential and retail) 3. 14966 Terreno De Flores (residential) 4. Town Terrace Apartments (residential) 5. Albright Way Development (office and residential) 6. Dittos Lane Apartments (residential) 7. North Forty Specific Plan (mixed-use) The geographic scope of the cumulative analysis varies by resource area. The proposed project would contribute to cumulative traffic impacts as well as other traffic-related air quality, greenhouse gas, noise impacts. The geographic scope of the cumulative air quality analysis is regional (San Francisco Bay Area Air Basin), while the geographic scope of the greenhouse gas analysis is global. The cumulative noise impact analysis is more localized and limited to sensitive receptors located in the vicinity of the project site. The geographic scope of cumulative hydrologic and water quality impacts is San Francisco Bay region. For the evaluation of cumulative impacts on public services and utilities, the geographic scopes vary with each service agency’s service boundary, which is the town boundary in some cases.

4 This project was recently approved by the Town Council, but had not yet been approved at the time the technical analyses for this report were being prepared.

JULY, 2011 49 MITIGATED NEGATIVE DECLARATION – LOS GATOS CREEKSIDE SPORTS PARK, 930 UNIVERSITY AVENUE

The project’s contribution to cumulative air quality, greenhouse gas, and traffic impacts are discussed above (see Sections 3, Air Quality; 7, Greenhouse Gas Emissions; and 16, Transportation and Traffic), and determined to be less than cumulatively considerable and therefore, less than significant. The project would contribute to cumulative impacts on downstream surface and groundwater water quality, police protection services, and solid waste disposal facilities. However, implementation of the mitigation measures outlined above in these sections would reduce the project’s impacts to less-than-significant levels. Therefore, the project’s contribution to these cumulative impacts would be less than cumulatively considerable (less than significant). Copies of the Initial Study used to make the above recommendation are on file and available for public inspection during regular business hours at the Town Community Development Department, 110 East Main Street, Los Gatos, California.

Date Wendie R. Rooney, Director of Community Development

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