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Home My WebLink About3.1 Attachment 8 ATTACHMENT 8 Suzanne Avila From: Safra Catz <safra.catz@oracle.com> - Sent: Wednesday,January 20,2016 3:01 PM To: Suzanne Avila Subject: Stirling Subdivision To: Suzanne Avila, Planning Director Town Hall Office 26379 Fremont Road Los Altos Hills, California 94022 Email: savila@losaltoshills.ca.gov Dear Ms. Avila and Planning Commissioners, I live at 13113 Byrd Lane near the proposed Stirling subdivision project that is currently under review by Los Altos Hills. I support the Friends of Upper Matadero Creek,which has already written to you to express our concerns about both the project as currently proposed and the associated Initial Study/Mitigated Negative Declaration. Those comments, dated and`submitted to the Town on January 20, 2015, are incorporated in this email by reference. Please give the January 20 comment letter serious consideration. It identifies numerous flaws in the environmental analysis and unmitigated impacts that the Town must address in a full environmental impact report before it can approve the Stirling project. As a result, I urge you to reject the current IS/MND and require further environmental review and mitigation. Thank you. Safra Catz-&Gal Tirosh • 1 ATTACHMENT 9 Suzanne Avila From: Michael Schoendorf <mike@ideatravel.com> Sent: Wednesday, February 03,2016 6:44 AM To: Suzanne Avila Subject: Stirling Subdivision Suzanne Avila, Planning Director Town Hall Office 26379 Fremont Road Los Altos Hills, California 94022 Email: savila a(�losaltoshills.ca.gov Dear Ms. Avila and Planning Commissioners: I have lived at 13145 Byrd Lane for over 44 years and my property abuts the northeast boundary of that property. Deer used to graze and frolic in the open field until about 5 years ago a fence was installed cutting off the natural flow of the fauna that came by our property. There are lovely old oak trees and an abundance of wildlife that visit the property via the creek corridor. I hope the planning commission considers a 30 foot wildlife corridor between my property and the Stirling's that is unfenced. I understand there is a severe deficiency in the documentation that was presented to council and I would like everything to be corrected before any issuance of permits. I had some old documents that pertained to an easement for a path along that same corridor and hope it is incorporated into the final plans. I believe many of my neighbors have also expressed grave concern about unfettered development in this sensitive area and hope both the planning commission and council use all remedies at their disposal to be good stewards to the lands. Sincerely, Michael Schoendorf 13145 Byrd Lane 1 , ATTACHMENT 10 27750 Edgerton Road Los Altos Hills,CA 94022 January 22,2015 Sent via Email and U.S. Mail ` RECEIVED Ms. Suzanne Avila Planning Director JAN 2 2 2016 Town of Los Altos Hills 26379 Fremont Road ®WN OF Los ALTOS HILLS Los Altos Hills, CA 94022 SUBJECT: Initial Study/Mitigated Negative Declaration for Stirling(Top Elegant Investment,LLC) Subdivision dated September 14,2015 I live in Los Altos Hills on a property adjacent to the proposed 9-lot Stirling(Top Elegant Investment,LLC) subdivision and am writing to comment on the Initial Study/Mitigated: Negative Declaration(IS/MND) for the project. I am a member of the LAH=Open Space Committee and Pathways Committee,but have recused myself from committee discussions, votes, and comments and my opinions do not represent either committee.My comments address my interests as a private citizen and how this large project may affect the property where I live. This letter is a follow-up to my memo on the MND submittedon October 23, • - -- - 2015,the deadline for-written comments.-.However,'I understand that comments can-still be - made before or during the Planning Commission public hearing to review the IS/MND. My comments-describe inadequacies of the IS/MND in addressing 1) evaluation and, . protection-of Matadero Creek,which runs between the Top Elegant Investment parcel and the property where I live; and 2)evaluation and mitigation of increased noise levels expected from construction of subdivision improvements and nine new houses. This "temporary"noise is potentially significant and will extend over 5 to 8 years or longer. The IS/MIND lacks sufficient informationand analyses to support conclusions that some impacts of the project will be"less than significant". In addition, further mitigation measures are needed forsome impacts determined to be significant to reduce their impact to less than significant. As a neighbor of the project I expect the Town to require an adequate and fully supported environmental review—including appropriate analyses and effective mitigation measures— beforeapproving a Mitigated Negative Declaration for this large new development in an environmentally sensitive area. I respectfully ask the Town not to approve the IS/MND for the Top Elegant Investments subdivision until corrections are made and further study of potentially significant impacts are done. . Sincerely, Sue Welch . 1 SUMMARY 1)IS/MND Must Include Additional Information About Matadero Creek CEQA requires description of the existing environmental conditions on the parcel and the expected impacts from the new development. The IS/MND must be amended to provide sufficient information to allow the public to understand the current condition of Matadero Creek and to evaluate potentially significant impacts of the new subdivision on this jurisdictional waterway. New subdivision infrastructure and construction of nine new homes will increase run-off into the creek that will worsen the existing problems of bank erosion, bank failure, and unstable slopes above Matadero Creek. 2)IS/MND Must Analyze Noise Impacts and Specify.Mitigation The IS/MND concludes without any supporting evidence that noise impacts from the constructing subdivision infrastructure and future development will be"less than significant". It dismisses any increase in noise levels by stating noise "could be a nuisance to adjacent residents".No analysis of expected noise or significance thresholds are provided to support this conclusion. This project will produce"a significant increase in noise above ambient levels"and it will - -continue for years. - - - . - - - - - - - MNDs for similar subdivisions in low-density residential areas analyze construction noise impacts,conclude they are potentially significant, and propose mitigation. The Stirling IS/MND must do the same.Mitigation measures must include designation by the developer of a project"Disturbance Coordinator's to respond 24 hrs a day, seven days a week to complaints about noise, dust, or other activities. DISCUSSION 1)IS/MNND Must Include Additional Information about Matadero Creek The IS/MND Must Describe the Existing Condition of Matadero Creek The IS/MND does not adequately describe the existing condition of waterways as required by CEQA/1/. It does not accurately represent Matadero Creek, a USGS blue-line creek that runs along the border of the subdivision. (See figures at end of document.) CEQA requires description of the environmental setting. Without this basic information the public cannot evaluate potential environmental impacts of the new subdivision. Three tributaries of Matadero Creek flow and converge along the southern and western borders of the subdivision. These tributaries extend up to Altamont and Black Mountain Road and in normal rain years carry substantial flows from winter through early summer. These tributaries are designated on the USGS map, the Santa Clara Valley Water.District Creek 2 map, and the LAH General.Plan Land Use Map, and thus meet the definition of"streams" as defined by the SCVWD Guidelines and Standards for Land Use Near Streams/Fig 1-4/. The IS/MND has only a sparse and inaccurate description of Matadero Creek as it currently exists. It shows no photos of the bed and banks; in the only photo of the creek provided, vegetation obscures the bed and banks/IS/MND pg 9/. In the Biological Resources assessment of waterways,the IS/MND./pg 53/refers to Matadero Creek as a"drainage feature"and questions if it ids jurisdictional. In fact,the bed and banks of the creek exceed 5-6 feet in width and depth in most locations along the subdivision and have all physical indicators that define jurisdictional waters (bed,banks; ordinary high water mark)/Fig 5/. Tentative Map Must Show the Creek Cross-Section The IS/MND also ignores the LAH subdivision ordinance requiring the tentative map to show "types of existing banks and creek depths"and"cross-sections of the creek if the bed is 3 feet or more in depth or 4 feet or more in width"/LAH Municipal Code, 9-1.506/. The ISIMND omitsthis information. Steep Unstable Slopes Adjacent to the Creek The slopes on both sides of Matadero Creek in this area are very steep, especially between the - - -subdivision and the property where I--live.-Much of the-slope-on the subdivision side of the - creek across from our property exceeds 55%/MND,Map 5/. Further, these steep slopes are unstable.Landslides and unstable soils have been documented in multiple locations adjacent to and above both sides of the creek along the border of the subdivision. The Top Elegant subdivision parcel has three landslide areas (the largest covering most of Lot 7)/MND,Map 3/and two additional landslides are documented on the west side of the creek. The LAH Town Hazard Map shows one landslide on the steep slope just above Matadero Creek on the property where I live and a second larger landslide adjacent to the creek just downhill from our property and extending up to Edgerton Road/Fig 6/. In 1998 the Town spent nearly$200,000 to stabilize this landslide to protect the road above.it /2/. Two additional landslides have recently occurredfurther upstream near the southeast corner of the subdivision/Photo Fig 7/. Existing Erosion and Bank Failure in Matadero Creek Many sections of Matadero Creek along the subdivision already suffer bank erosion and bank failure.Banks near the proposed location of the main run-off drain from the new subdivision to the creek arealready badly eroded/Fig 5/. Increased run-off from the new subdivision and erosion from the construction projects on the unstable slopes (e.g., slope stabilization and subdrains)will further impair the creek. The MIND does not disclose the existing bank erosion and bank failureor the potential risk that the new development will exacerbate it. 3 The IS/MND Must Be Amended to Provide Additional Information CEQA requires_description of the existing environmental conditions on the parcel and the expected impacts from new development. The IS/MND must be amended to provide adequate description of the existing condition of Matadero Creek and the tributary in the swale. The IS/MND must also provide additional information so the public can evaluate potentially significant impacts of the new subdivision on this jurisdictional waterway.New subdivision infrastructure and construction of nine new homes will increase run-off into the creek and worsen the existing problems of bank erosion,bank failure, and unstable slopes above Matadero Creek. 2)IS/MND Must Analyze Noise Impacts and Specify Mitigation Construction Noise is More Than A`Nuisance" CEQA requires the developers to-answer the question: Would the project result in substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?/IS/MND pg 74/ The IS/MND dismisses any noise impacts by stating, "Temporary noise from construction .- - -activities may produce short-term noise that could be a nuisancetothe adjacent residents."It concludes that the impact on"temporary noise levels"will be"Less than significant"and therefore no mitigation is required/IS/MND pg 74-76/. In contrast, the Noise Element of the LAH General Plan states: "Construction noise ...can severely restrict the enjoyment of residential properties.Due to the topography of the community, noise from construction activities such as grading and the operation of other heavy equipment often carries for great distances." —LAH General Plan Introduction.Noise Element Introduction 713,pg 4/3/ Further, CEQA and developers of similar subdivisions in low-density residential areas agree that even temporary construction noise is a potentially significant environmental impact that requires mitigation/5-6/. CEQA significance criteria for increase in ambient noise levels specify: The Project would have significant environmental impact if it were to result in substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project/4/. Construction Noise Will Be Significant and Prolonged CEQA requires evaluation of impacts of all foreseeable development from a project. This 9- lot subdivision involves major subdivision infrastructure projects as well as future development in the form of nine new houses. Work.will extend for at least 5-8 years and 4 possibly much longer. Residents on properties near the subdivision will be subjected to noise levels "significantly above ambient"for years. Sources of significant noise for subdivision infrastructure include: • Major slope stabilization repair(large volume excavation,trenching, grading) • Installation of underground tank and retention basin(excavation,trenching,grading) • Demolition of two houses,'a well-house, and other out-buildings • Construction of road and underground utilities(tree cutting, grading,trenching) • Installation of drainage system network(excavation,trenching, grading) • Installation of subdrain network for landslides (excavation, trenching, grading) • Construction vehicle traffic This noise-intensive work will be followed by years of site preparation on nine lots (tree cutting, grading, excavation) and construction activities on nine new houses. There will be"a substantial increase in ambient noise levels" and it will continue for years. IS/MND Does Not Provide Any Analysis of Noise Impacts The IS/MND simply states that any noise impacts will be "less than significant/IS/MND pg 74, 76/.No data supporting this are provided and no mitigation is proposed. IS/MNDs for two similar subdivisions (8-lot subdivisions in low-density residential areas) - - analyzed typical construction noise and concluded it would be potentially significant. They - provide substantial information about the expected increase in noise levels,based on estimates of the amount of excavation and grading for the project, decibel levels for various construction activities and equipment and other data. They estimate typical noise levels will be 76 to 95 dBA at 50 feet,which is well above the ambient noise levels of 40 to 50 dBA typical in LAH/5-6/. IS/MND Must Specify Additional Mitigation for Construction Noise Impacts Because the Stirling IS/MIND does not acknowledge that noise impacts are potentially significant, it specifies no mitigation measures. "To minimize potential nuisance from construction activities"work will be limited to the hours of construction allowed by LAH ordinances. IS/MNDs for similar subdivisions require noise mitigation measures beyond simply limiting hoursofconstruction. Similar noise mitigation measures should be required for the Top Elegant subdivision project, including especially measures to help reduce noise impacts to neighbors. Examples from'other subdivision MNDs include: • Locate stationary noise generating equipment as far as possible from adjacent properties. • Construct temporary noise barriers to screen stationary noise generating equipment when located near adjacent properties. • The contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities. The construction plan shall identify a procedure for coordination with adjacent property owners so that construction activities can be scheduled to minimize disturbance. 5 • Noise from construction workers' radios shall be controlled so as not tobe audible at residences bordering the project site. • Contactor shall designate and a"Disturbance Coordinator"responsible for responding 24 hrs a day, seven days a week to any complaints about construction noise. Noise Mitigation Must Include Designation of a"Disturbance Coordinator" Because this subdivision is an unusually large project with extensive infrastructure improvements, significant noise impacts are virtually certain for nearby residences. To assure complaints are addressed directly and in a timely way—including after business hours and during weekends—mitigation must require the developer to designate a project Disturbance Coordinator. This measure has been required for similar subdivision projects/5,6/. The developer shall designate and idents by name and contact information a "Disturbance Coordinator"whowould be responsible for responding 24 hrs a day, seven days a week to address any complaints about construction noise, dust, or other activities on the site. Contact information for the Disturbance Coordinator:shall be provided to residences within 750 feet of the project site and posted at the project entrance at Natoma Road, along with contact numbers for other agencies that may have jurisdiction over activities on the site (e.g. air district, RWQCB, DFW, sheriff)shall be posted The Disturbance Coordinator will - -determine-the cause of the complaint and will require that-reasonable measures to-correct the- problem will be implemented. REFERENCES 1. Mitigated Negative Declaration for Stirling Subdivision 2. Los Altos Hills Council Resolution 78-98.A Resolution of the City Council of the Town of Los Altos Hills Approving an Additional Budget for the Edgerton Road Median Slope Stabilization Project,Sept 1998. 3. Los Altos Hills General Plan Introduction.Noise Element Introduction 713,pg 4 4. 2012 California Environmental Quality Act(CEQA)Statute and Guidelines 5. . Greenville Road Subdivision Project Initial Study/Mitigated Negative Declaration,2015,pg 32(Alameda County;subdivision of 160-acre parcel in a low density residential area into eight 20-acre parcels) 6. Camino Largo Tentative Subdivision Map Initial Study/Mitigated Negative Declaration,2015;pg 45 (San Diego County;subdivision of 9.3-acre'parcel in a low-density-residential area into eight lots 1.03 to 1.33 acres in size) FIGURES Fig. 1. USGS Map showing Matadero Creek tributaries in the vicinity of the subdivision Fig.2. Santa Clara Valley Water District Creek Map showing Matadero Creek tributaries in the vicinity of the subdivision - Fig.3. Los Altos Hills General Plan Land Use Map showing Matadero Creek tributaries in the vicinity.of the subdivision Fig 4. Guidelines and Standards for Land Use Near Streams:A Manual of Tools,Standards,and Procedures to Protect Streams and Streamside resources in Santa Clara County,2007. Santa Clara County Water Resources Protection Collaborative.Chapter 2,pg 2-11 Fig 5. Eroded banks of Matadero Creek near the proposed subdivision drain outfall Fig 6. LAH Hazards Map showing landslides near Matadero Creek Fig 7. Recent landslides into Matadero Creek near the proposed subdivision 6 h" +? Lt,--4 CoA 4g' 4` X.„ ' f it l';:irt.:11‘ 74;1111H1:3'*61""'—'1**':-4' '-'.' ‘1 p (1 r i ' 'rr� !e, , .`itillth ♦ .--, , 4 ir r ,**4, ;, k!: % - , O er 1 r.4 . iii. ._ N. . .-_ _, %x TrA 1 4 1(, M 'r Figure 1: Tributaries of Matadero Creek near the Top Elegant subdivision are shown as creeks on the most recent USGS map. Source: USGS Mindego Hill Quadrangle, 7.5-Minute series, 2012 . - -)7111.4''6- _ OW\ Alikil;11.1111411111 I 0.11•`01 lilhhIIIII( 41.,,„ : t,,,, r:, ,...w sit. ior.... w, : WA . ftwiri, . ... .•. .•.. ...... 41. .......... 1,1L-4, r 11W6111411, 111. Figure 2: Upper tributaries of Matadero Creek near the Top Elegant subdivision are shown as creeks on Santa Clara Valley Water District Creek Map (5001100\2004_069\wrpc_limin_incoutcreeks.apr\Los_Altos_Hills_34x44v2 01/23/2005) i �� ___ _ f � r � � , l v oirlrI Ai,r ip, ___.1:71._ 44, \ ,t‘r-TO , A • , "4110k,s_ s AMI -1---T- , 1 --i—L---- ' 40 qtr Ortedri4 ., Atirt _ / Top Elegant z_ •',,t.N Subdivision 1 1--- 1 1 4‹ 1 ,,y ----A-\\ - Or44)1 II .� \ 405 / ! ___11.32, Nip \ ilf A Pra / .___.., or" II. ; , ,, ,,,,,,. _., 01 -7_ iri - ,5 dog.,t, rip, orjr., ,,,• 7, , i �, ,.. o \,_ .:: ,, -, , \ ' g %,t. -- r, , Figure 3: Tributaries of Matadero Creek near the Top Elegant subdivision are shown as creeks on the LAH Land Use Map Source: LAH General Plan Land Use Element, 2006. Land Use Diagram,pg LU6 PERMITTING TOOLS 2E. DEFINITION OF A STREAM An alteration to a natural watercourse (Ratified by Collaborative July 22,2004) such as the construction of culverts or other improvements within the bed of ^' INTRODUCTION the stream does not affect its status as a The following definition of a stream has natural watercourse. Streams do not include D m been developed to aid in the identificationfeatures such as street gutters and asphalt v' of stream resources that are subject to the or concrete ditches which drain paved Z Guidelines and Standards for Land Use nearparking lots. '" -+ Streams. D — A watercourse,which does not meet the 3 0 above definitions,maybe considered a A Stream is a body of water that flows at 0 least periodically or intermittently through stream if the director of the permitting .n a bed or channel having banks.This may agency determines that the watercourse include watercourses having a surface complies with the criteria and features on or subsurface flow that supports or has the attached page titled Criteria to Verify or supported riparian vegetation,fish or other Identify a Watercourse as a Stream. aquatic life. Appeals to the determination of the The presence of a stream is often shown as presence of a stream may be undertaken follows:' consistent with appeals procedures of the 1. As designated by a solid line or dash local agency. and three dots symbol on the largest scale of the USGS maps most recently published or any replacement to that symbol;or, 2. As designated by the Santa Clara Valley Water District as shown on maps maintained by the District;or, 3. As designated on the most recent maps of Santa Clara County and cities within Santa Clara County;or, 4. On a site plan which may be required by a permitting agency using the Criteria to Verify or Identify a Watercourse as a Stream. 'Streams may include watercourses such as rivers,creeks and gulches,if they meet the definition above and/or the Criteria to Verify or Identify a Watercourse as a Stream. USER MANUAL GUIDELINES&STANDARDS FOR LAND USE NEAR STREAMS 2.11 Fig. 4. Guidelines and Standards for Land Use Near Streams: A Manual of Tools, Standards and Procedures to Protect Streams and Streamside Resources in Santa Clara County. Santa Clara Valley Water Resources Protection Collaborative, 2007 Fig 5. Eroded banks of Matadero Creek near the proposed storm drain outfall for the subdivision (shown with 56-inch rangepole) w `" ,-,ii` i :, i )=� Dpi_ iirti r , • � o ,r'< . 44 r r...4._.' 41"Va i 1' 1'14 a^ i � '- c•. is S ` 'I� 'J. t 3t- %J „,,11114 : , r+iY ti • 4t,i e. tf %. -'. �r ` ...,: ` y i^ 1 " ' at r: ,.' }♦i� mpr . moi Air1. . 1� . Z � . � ,11: � '� Ga i;R• y` J y'IP .•.... `21 ! :.e• '.p-,ie.-, 3• > 'ff .�a, i �i1K �? Yom .-.'""? �. _ - ' r 1. '" • / 1 _,J �\ t - �,, _ r / . / , fi. • L " - . i ' V--114; ` � _ i`` ' r ' ''k y *i _ meg * + w to 4� • .rr .4w - .� � `' ..131tel!\:"Ci:� ,.cYr-. ...-7.*.;-.y°�► +£1111.+sar i r �• ,r" , y. 4p.,' y • A., Et :2-.1;''''',,,' ' V*'' ' y`�,�' x. 1 :1 .,1I. ;-,' _ .' s msa `Cr..1 I. ` '��ti"� ,�..: ,. ` ftp �0p ,r. ' r� ! eit \'r ` i7' "a,.. C' , -44.) .4,4 • >• • ' it y, _;'.,..,_.? .'6'` .fir. �' .Ti f '. ,i,A,,' `' ` . , _ . , 1,. ., cori r , ., /.... . _., ,.i.,. AI tl a 3 .' ' \ , _____ 1- q___ _ /- 7 .! ) k . __if, „„ .. k''‘'f 1 - '_ ,j____ 1 l ....„ 7., . ._. 5` jp Egan 1 = -144/ � bdisio / \ V 4,1 N. - . lirgoo rr'' , / 4111k-_ -. s f, ,, . ., / 4......!.a. stabilir iEd:. :„4„...460. 4„*N� t, :1_4/. tiji; i i v._monsalr......000\4: 4 4 I Il I rt.. %Illt t \Ot -., Figure 6: Landslides on Edgerton Road parcels across Matadero Creek from the Top Elegant Investment subdivision. Red areas indicate mapped landslide deposits. Orange indicates fault rupture zone. Source:Los Altos Hills Hazard Map,2013,LAH General Plan Land Use Element T ''',,,..,.....0%-74(.. ' t . ,,,. 4_4. '441w to .r.,! • s0? . • . ,, •� t Ph: , w ;tip r. = ,.� a 4 or'�r r.-" , "` :k . ti I. 4.. .•4 y �\ $ h ', {Srii•4�.. .q r."'1..• + • ', ' Slt — ,�.. ti� r t , ,--0.,....., _ ' i. L „. = Fig. 7. Recent landslides into :=.•f - �� ',. Matadero Creek near the XIV • --=• proposed subdivision (ladder i-`: