HomeMy WebLinkAbout4.2Item 4.2
TOWN OF LOS ALTOS HILLS August 5, 2010
Staff Report to the Planning Commission
RE: MITIGATIVE NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP
FOR A THREE -LOT SUBDIVISION: LANDS OF NICHOLSON, END OF
EASTBROOK ROAD. FILE 496 -04 -TM -IS -ND -GD.
FROM: Cynthia Richardson, Consulting Planner
APPROVED BY: Debbie Pedro, AICP, Planning Director—d
RECOMMENDATION
That the Planning Commission:
1. Review, make comments, and forward a recommendation that, based on the Initial
Study, the City Council adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program in Attachment 3; and
2. Forward a recommendation that the City Council approve the requested Tentative
Parcel Map, based on the findings in Attachment 2 and subject to the conditions of
approval in Attachment 1.
DISCRETIONARY ACTIONS
The following discretionary actions by the City Council are required for approval of the
subdivision:
1. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring Program
2. Approval of the Tentative Parcel Map
The Planning Commission's actions are recommendations to the City Council.
TENTATIVE MAP REVIEW
In order to approve a subdivision, the Planning Commission must determine that the
project is consistent with the General Plan, Subdivision and Zoning Regulations, and that
none of the findings for denial can be made; as specified in Section 66474 of the State
Subdivision Map Act. Staff has prepared findings for approval of the project (Attachment
2). Comments on the Tentative Parcel Map have been received from the Town
Geotechnical Consultant, the Town Engineer, Santa Clara County Fire Department,
PG&E, Cal Trans, California Water Service, Santa Clara Valley Water District the
Environmental Design and Protection Committee, the Open Space Committee and the
Pathways Committee; and are attached for the Planning Commission's review.
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Lands of Nicholson
August 5, 2010
Page 2 of 14
Neighboring residents and property owners within 500 feet of the site have been notified
of the public hearing.
PROJECT DESCRIPTION
The applicant is requesting approval of a three -lot subdivision on a 12.56 gross acre
parcel located at the end of Eastbrook Road. The property is surrounded by residential
properties developed with a mix of one and two story dwellings. The site is gently to
moderately sloping with an average 25.09% slope that descends generally west to east
toward Eastbrook Road. Hale Creek bisects the property running in a north to south
direction and is located on Parcel B. The site is currently vacant but maintains an
existing sewer easement and access road running the length of the property from east to
west. The existing road does not cross Hale Creek, a turn -around exists on either side.
Existing Development
* Existing site data is calculated prior to proposed right-of-way dedications.
Proposed Development
MBA
Parcel
creage,.
`
�)•
p�A�reage
A Acreage.
'
ry,
�i)
esti
Existing
12.56
12.56
25.09
8.50
79,401
44,587
Site
* Existing site data is calculated prior to proposed right-of-way dedications.
Proposed Development
Lot Design and Building Building
Parcel A is 1.99 net acres with a slope of 11.90%; Parcel B is 3.21 net acres with a slope
of 17.20% and Parcel C is 7.10 net acres with a slope of 33.75%. The Tentative Parcel
Map shows a 160 -foot diameter building circle on each parcel, showing that each
contains a viable building site.
The Tentative Parcel Map shows conceptual site design, building footprints, driveways,
and drainage installations. This development is conceptual only and shows that all parcels
can be developed to meet Town standards. Once the Tentative Parcel Map is recorded
individual site development applications can be made for each parcel. At this time the
site specific design of the proposed home will be evaluated through the appropriate
MBA
Parcel
Acreage "
A Acreage.
'
q $)
A
2.25
1.99
11.90
2.155
307790
12,725
B.
3.21
3.21
17.20
2.715
33,395
15,313
C
7.10
7.10
33.75
3.489
26,168
17,445
Lot Design and Building Building
Parcel A is 1.99 net acres with a slope of 11.90%; Parcel B is 3.21 net acres with a slope
of 17.20% and Parcel C is 7.10 net acres with a slope of 33.75%. The Tentative Parcel
Map shows a 160 -foot diameter building circle on each parcel, showing that each
contains a viable building site.
The Tentative Parcel Map shows conceptual site design, building footprints, driveways,
and drainage installations. This development is conceptual only and shows that all parcels
can be developed to meet Town standards. Once the Tentative Parcel Map is recorded
individual site development applications can be made for each parcel. At this time the
site specific design of the proposed home will be evaluated through the appropriate
Lands of Nicholson
August 5, 2010
Page 3 of 14
public review process where specific conditions will be made. In addition landscape
screening will be required for each home site to soften the effect of the new construction.
Parcels A and B will be slightly visible from adjacent properties and from.I280. Parcel C
will be more visible from surrounding neighbors and from I280 due to the location of the
building site. Once a site specific house design is submitted for this site further
evaluation will be made through the public hearing process for house design and site
screening. Staff has evaluated Parcel C to determine that enough area is free of
encumbrances (open space easements, slope, fault trace and property line setbacks) for
development. It was determined that roughly 35,300 square feet of unencumbered area
was available. Therefore this parcel could support the maximum floor area in a one
story structure of 17,445 sq. ft. leaving 8,723 sq. ft. of development area for pools, patios
and driveways. The Slope Analysis Map indicates that Parcel C has some areas of steep
slope however the conceptual building site is located on slopes between 10% and 20%.
In order to meet the Grading Policy any future home would most likely need to be
stepped down the hill to limit the amount of grading for the homes construction.
Access
Driveway access for Parcels A and B will be from a private easement over the Cal Water
property off of the end of Eastbrook Road. The shared driveway will serve both parcels.
Individual access for Parcel C will be from an existing panhandle served from Dawson
Drive. At the time of future construction of the new residence on Parcel C, one
eucalyptus tree will be required to be removed for the construction of the future
driveway. The future driveway construction to Parcel C may also have impacts to an
existing heritage oak tree. The applicant has supplied an arborist report which contains
specific conditions for any future grading within the dripline of this tree (Attachment 15).
Utilities
Water supply will be provided by California Water District. PG&E will provide gas and
electric services and Pacific Bell will provide telephone service. All utilities are required
to be underground.
The Town Engineer has required that all Parcels tie into the Town's sanitary sewer
system. An encroachment permit must be obtained from the Public Works Department
for all work performed within any public right-of-way.
Geotechnical Review
The Town's Geotechnical Consultant, Cotton, Shires and Associates has reviewed the
proposed Tentative Map and Geologic Investigation provided by the applicant (Steven F.
Connelly, dated August 31, 2009 and June 23, 2010). Cotton, Shires and Associates
reported that the Project Geotechnical Consultant has adequately characterized site
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August 5, 2010
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conditions and recommended appropriate geotechnical design criteria for future
residential development on the proposed Parcels (Attachment 4).
Extensive Geotechnical trenching was completed on Parcel A, no fault trace was found.
This investigation was prompted by an adjacent neighbor Donald Lull whose property
maintains two human habitation building setback lines. The Town Geologist explains
that substantial additional scientific information has been learned about the behavior of
faults. As a result it has been determined that the suspect zones are bedding plane shears
and are not active fault surfaces or fault rupture hazards.
Parcel C maintains a fault trace which bisects the property in an east west direction. A 50
foot Human Habitation setback has been shown on the Tentative Parcel Map. The intent
is that no enclosed living space is allowed into this setback zone. Uses such as tennis
courts, lawns, pools and similar would be examples of acceptable uses within the Human
Habitation Building Setback Zone.
Another setback that impacts Parcel C is the 25 -foot wide easement over an area with 30-
40% slopes labeled as a slope easement. This is a building setback that applies to all
future structures regardless of whether they contain living space. The greater restriction
for this 25 -foot setback zone is because any new structures (and associated new slope
loading) in this area could trigger slope instability ----failures extending through the face
of the cut slope below, damaging the sewer road.
Open Space Easement and Pathway Easement
No open space easements are needed on Parcel A however an ingress/egress, pathway
and public utility easement occurs along the northern property line. An Open Space
Easement of approximately 39,000 square feet is proposed on Parcels B. This easement
will protect an area of riparian vegetation adjacent to Hale Creek and will provide for a
connection of open space from the creek to the adjacent larger area of open space on
Parcel C. An ingress/egress, pathway and public utility easement occurs along the
northern property line. An Open Space and Pathway Easement of approximately 5.32
acres is proposed on Parcel C which encompasses the steep slopes and areas of dense tree
coverage over the northwestern portion of the parcel. A pathway connecting the lower
pathway to Dawson Drive has been shown on the Tentative Parcel Map. This location
may be modified in the future based on site specific topography and tree vegetation. See
Sheet EX -1 and 2 in the Tentative Parcel Map package for more information.
Drainage
All proposed parcels naturally drain over the site and will be required to maintain the
existing flow patterns, using surface flow designs whenever possible. The Town
Engineer requires the subdivision improvement plans be submitted with the final map.
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August 5, 2010
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COMMITTEE REVIEW
Subdivision Committee
The Subdivision Committee comprised of Commissioner Abraham, the Planning
Director, the Consulting Planner and Pat Ley, Environmental and Design Protection
Committee convened on February 2, 2010 to review and discuss the subdivision proposal.
Pursuant to Section 9-1.509 of the Los Altos Hills Municipal Code, neighbors within 500
feet of the property were notified of the hearing. The fact sheet and hearing report from
this meeting is attached (Attachments 10 and 11).
The issues discussed at the Subdivision Committee meeting are as follows:
Neighbors Preston Chan, 11635 Dawson Drive, Don and Janet Lull, 11623 Rebecca
Lane, Denise Chuk, 11621 Rebecca Lane and Harry and Karen Emerzian, 11670 Dawson
Drive all attended the meeting and had concerns regarding the visibility of the new homes
and privacy concerns. They also expressed concern that they were told the property was
not able to be developed.
Don and Janet Lull had specific privacy concerns and have written a letter to the Town
expressing their concerns (Attachment 18). Staff visited the site and finds that because of
the tall shrubbery between the Lulls property and Parcel A, the roof of a future two story
building may be visible from the adjacent property.
Neighbor Parviz Keshtbod, 11627 Rebecca Lane felt the intersection at Eastbrook
Avenue and Hwy. 280 is potentially dangerous.
Environmental Design and Protection Committee
The Committee has no objection to Parcels A and B however they have concerns with
Parcel C because of its steep slope and constrained building site (Attachment 12).
Pathways Committee
The Pathways Committee recommends the following (Attachment 13):
1. A pathway easement over the existing sewer easement from Eastbrook Avenue to
the western boundary of the subdivision.
2. A paved path for pedestrians and non -motorized vehicles along the existing sewer
easement and an additional native path for horses, adjacent to the paved path
where possible.
3. A bridge over Hale Creek suitable for pedestrians, horses, and bicycles.
4. A native path connecting Dawson Drive to the above paths.
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August 5, 2010
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Open Space Committee
The Open Space Committee requested that an additional portion of Parcel B be added to
the Open Space Easement connecting Hale Creek to the large Open Space Easement area
on Parcel C. The Tentative Map has been modified to reflect this request (Attachment
14).
ENVIRONMENTAL REVIEW
In compliance with the California Environmental Quality Act (CEQA), an Initial Study,
Mitigated Negative Declaration and Mitigation Monitoring Program have been prepared
for the project. The review period for the Negative Declaration will end on August 16,
2010. The Planning Commission may comment on both the Mitigated Negative
Declaration and the Tentative Map. The Mitigated Negative Declaration must be adopted
by the City Council before approving the Tentative Map. In order to recommend
adoption, the Commission must find that all potential significant environmental effects
are addressed through the proposed mitigation measures.
Recommended mitigation measures include observation of State and County
requirements for handling archaeological remains and artifacts if found, biologic
considerations, noise reduction measures and dedication of open space easements.
Two specific studies were performed for the Mitigated Negative Declaration, a Traffic
Noise Assessment and a Biological Report.
A Traffic Noise Assessment Study was prepared by Edward L. Pack, dated January 11,
2010. The study found that all three building site locations exceed required noise
exposure for both interior and exterior noise levels. This report finds however that noise
exposure can be feasibly mitigated to levels that will be in compliance with the Town of
Los Altos Hills General Plan Noise Element (Attachment 16, page 5 and 7). In addition
condition numbers 27 and 28 require the applicant to record statements against each
parcel ensuring that a qualified noise specialist evaluates the construction drawings to
ensure sound mitigation has been addressed and that when constructed the building meets
all noise standards.
A Biologic Report prepared by Biotic Resources Group, dated January 5, 2010 was
prepared for this project, addressing specifically the pathway construction and the Hale
Creek Bridge crossing. Specific mitigation measures were recommended and
incorporated into the Mitigated Negative Declaration (Attachment 17).
CONCLUSIONS
Based on the Initial Study, staff has concluded that the proposed subdivision, as
mitigated, will not have a significant effect on the environment. The Negative
Declaration identifies specific mitigation measures and establishes a Mitigation
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Monitoring Program to address the potentially significant environmental impacts
identified in the Initial Study.
Staff has also concluded that, as documented in the recommended findings of approval,
the proposed subdivision is in compliance with the General Plan and Subdivision
Ordinance, and would allow development to occur that meets the provisions of the
Zoning and Site Development Ordinances.
ATTACHMENTS
1. Recommended Conditions of Approval
2. Recommended Findings for Subdivision Approval
3. Initial Study, Negative Declaration & Mitigation Monitoring Program
4. Cotton, Shires and Associates report, July 7, 2010
5. Santa Clara County Fire Department comments, October 27, 2010
6. PG&E letter, February 9, 2005
7. California Water Service Company, November 24, 2009
8. Department of Transportation, May 26, 2009
9. Santa Clara Valley Water District, December 30, 2009
10. Subdivision Committee hearing fact sheet, February 2, 2009
11. Subdivision Committee hearing report, February 2, 2009
12. Environmental Design and Protection Committee comments, November 23, 2010
and February 1, 2010.
13. Pathways Committee minutes, September 28, 2009
14. Open Space Committee comments, November 25, 2010
15. Arborist report prepared by William C. Kleinheinz, Peninsula Tree Care, October
30, 2009
16. Traffic Noise Assessment Study prepared by Edward L. Pack, January 11, 2010
17. Biologic Report prepared by Biotic Resources Group, January 5, 2010
18. Donald and Janet Lull, 11623 Rebecca Lane, letter dated February 10, 2010
19. Tentative Map plan set (Commission only)
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ATTACHMENT 1
RECOMMENDED CONDITIONS FOR THE THREE -LOT
SUBDIVISION OF A.12.59 -ACRE PARCEL
LANDS OF NICHOLSON
(Assessor's Parcel Number 336-42-021)
FILE #96 -04 -TM -IS -ND -GD
GEOTECHNICAL/EARTHWORK
1. Parcels A and B contain loose backfill materials potentially impacting future
structures. All fill material shall be fully remediated or removed. Future
residential building and grading plans for these parcels shall be reviewed by the
Town Engineer and Town Geotechnical Consultant prior to acceptance of
documents for building permit plan check.
2. The applicant for each individual parcel shall submit a site specific grading and
drainage plan with the Site Development review process, showing proposed
grading and drainage and addressing any geologic concerns. This plan shall be
reviewed by the Town Engineer and Town Geotechnical Consultant prior to
acceptance of documents for building permit plan -check.
LAND AND EASEMENT DEDICATION
3. The applicant shall relocate or abandon existing public utility easements and grant
new public utility easements where needed to all utility companies for utility
construction and maintenance, including but not limited to: AT&T Telephone
Company, Pacific Gas and Electric Company, Comcast Cable Television, and
California Water Service Company. The dedications shall all be completed in
conjunction with the Final Map approval, to the satisfaction of the City Engineer.
4. The applicant shall dedicate Open Space Easements and Pathway Easements as
shown on the Tentative Map. The dedications shall all be completed in
conjunction with the Final Map approval to the satisfaction of the Town Engineer.
IMPROVEMENTS
5. A grading and drainage plan which includes an erosion control plan shall be
submitted for review and approval by the City Engineer as part of the subdivision
improvement plans. This plan shall conform to all standards adopted by the Town
of Los Altos Hills and shall comply with all appropriate requirements of the
Town's NPDES Permit relative to grading and sediment erosion control including
but not limited to: a) restricting grading during the moratorium from October 15
to April 15 except with prior written approval from the Town Engineer; b)
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August 5, 2010
Page 9 of 14
protecting all finished graded slopes from erosion using such techniques as
hillside benching, erosion control matting and/or hydro seeding; c) protecting
downstream storm drainage inlets from sedimentation; d) appropriate use of
sediment rolls to retain sediment on the project site; e) any other suitable
measures outlined in the ABAG Manual of Standards.
6. The on-site and off-site drainage improvement shall be designed as surface flow
whenever possible to avoid concentration of runoff. The proposed drainage shall
be designed to maintain the existing flow patterns. The applicant shall design and
construct all subdivision drainage improvements as deemed necessary by the City
Engineer. All required drainage improvements shall be constructed or bonded for
prior to recordation of the Final Map.
7. All lots within the subdivision shall be connected to the public water system to the
satisfaction of the City Engineer and California Water Service Company. Services
shall be installed to the property lines or be bonded for prior to recordation of the
Final Map. An encroachment permit shall be required to be issued by the Public
Works Department for all work proposed within the public right of way. Any
necessary fees shall be paid prior to the recordation of the Final Map.
8. All existing and proposed utilities located within the subdivision that serve the
subdivision shall be placed underground, in accordance with Subdivision
Ordinance, Sec. 9-1.1105. Cable television, gas, electric, and telephone services,
to the property lines are included in this requirement. Plans for the location of all
such utilities are to be included in the improvement plans for the subdivision.
Improvements shall be installed or bonded for prior to recordation of the Final
Map.
9. All lots within the subdivision shall be connected to the public sanitary sewer
system. An encroachment permit must be obtained from the Public Works
Department for all work proposed within the public right of way. Services shall
be installed to the property lines or bonded for prior to the recordation of the Final
Map.
10. A grading and construction operation plan shall be submitted by the subdivider
for review and approval by the City Engineer and Planning Director prior to
issuance of any permits for subdivision improvements. The grading/construction
operation plan shall address truck traffic issues regarding dust, noise, and
vehicular and pedestrian safety on Eastbrook Avenue, Dawson Drive and
surrounding roadway; storage of construction materials; placement of sanitary
facilities; parking for construction vehicles; and parking for construction
personnel. A debris box (trash dumpster) shall be placed on site for collection of
construction debris. Arrangements must be made with the Green Waste
Recovery, Inc. for the debris box, since they have a franchise with the Town and
no other hauler is allowed within the Town limits.
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11. Improvement plans for the subdivision shall be submitted for review and approval
by the Town Engineer prior to commencement of improvement work. These plans
shall conform to all standards adopted by the Town of Los Altos Hills. The
subdivider shall be responsible for obtaining all necessary permits from other
jurisdictions, including the Department of Fish and Game, Army Corp Engineer,
Water Quality Control Board, and Santa Clara Water District.
12. All subdivision improvements shall be constructed to the satisfaction of the Town
Engineer or bonded for prior to recordation of the Final Map.
13. All subdivision conditions of approval and subdivision improvements shall be
constructed and approved by the Town Engineer prior to submittal of any site
development or building permits
14. Any, and all, wells on the property shall be shown on the. Improvement Plans,
shall be properly registered with Santa Clara Valley Water District (SCVWD),
and shall be abandoned, capped in accordance with the SCVWD standards.
PLANNING AND ZONING
15. Payment of park and recreation dedication fees, path in lieu fee and all other
applicable fees shall be required prior to recordation of the Final Map. The park
and recreation dedication fees shall be provided in accordance with Sections
9.1.1403 and 9.1.1404 of the Los Altos Hills Municipal Code.
16. The property owner shall grant an Open Space Easement to the Town as shown
on the Tentative Map page C-2 and C-3. No structures or fencing are permitted
and no grading or fill shall be permitted except for a pathway from the existing
sewer road to Dawson Drive. Native vegetation may be planted within the
easement but no irrigation or sprinkler systems are permitted.
17. The property owner shall dedicate and construct a paved path for pedestrians and
non -motorized vehicles along the existing sewer easement and an additional
native path for horses, adjacent to the paved path where possible as shown on the
Tentative Map to the satisfaction of the City Engineer and the Planning Director.
18. The property owner shall dedicate and construct a native path connecting Dawson
Drive to the above paths to the proposed pathway along the sewer road as shown
on the Tentative Map to the satisfaction of the City Engineer and the Planning
Director.
19. A new pathway bridge crossing Hale Creek shall be constructed with the
subdivision improvements to the satisfaction of the City Engineer and the
Planning Director.
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August 5, 2010
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20. Construction of the new pathway bridge over Hale Creek shall be designed in a
manner to be above the 100 year flood level. Prior to construction, the applicant
shall secure all necessary permits from regulatory agencies including but not
limited to the California Department of Fish and Game, Regional Water Quality
Board, Santa Clara Valley Water District and the Town's Engineering
Department. Prior to construction, the applicant shall secure all necessary permits
from regulatory agencies. The project construction shall be performed when the
creek is dry and shall incorporate erosion control measures to avoid/minimize
erosion or sediments from entering downstream aquatic resources during and after
construction (i.e., use of silt fencing and/or other approved erosion control
features).
21. The applicant shall inform the Town of any damage and shall repair any damage
caused by construction of the subdivision improvements to pathways, private
driveways and public and private roadways prior to final acceptance of the
subdivision by the Town. The applicant shall provide the Town with photographs
of the existing conditions of the roadways and pathways prior to recordation of
the Final Map.
22. The applicant shall defend, indemnify, and hold harmless the Town of Los Altos
Hills and its agents, officers, and employees from any claim, action, or proceeding
against the Town of Los Altos Hills or its agents, officers, or employees to attack,
set aside, void, or annul an approval of the project to the extent such actions are
brought within the time period required by Government Code Section 66499.37 or
other applicable law; provided, however, that the Applicant's duty to so defend,
indemnify, and hold harmless shall be subject to the Town's promptly notifying
the Applicant of any said claim, action, or proceeding and the Town's full
cooperation in the defense of such actions or proceedings.
23. Prior to beginning any grading or construction operations, all significant trees
shall be fenced with chain link type material at the dripline. Town staff must
inspect the fencing and trees to be fenced prior to starting grading or construction.
The fence must remain in place throughout the course of construction. No storage
of equipment, vehicles or debris shall be allowed within the drip lines. All large
and heritage oak trees shall be retained to the greatest extent feasible.
24. The existing abandon water tank shall be removed with the subdivision
improvements to the satisfaction of the City Engineer and the Planning Director.
25. The applicant shall ensure that noise generating construction activities are limited
to Monday through Saturday between the hours of 8:00 am and 5:30 pm. No
heavy noise generating equipment is allowed to be used on Saturdays and no
construction is allowed on Sundays or holidays as noted per Chapter 7, Sec.5-7-01
of the Los Altos Hills Municipal Code.
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August 5, 2010
Page 12 of 14
26. To reduce noise impacts to the anticipated residences located along I280,
construction plans for proposed single family dwellings on the newly created
parcels shall incorporate appropriate noise reducing measures such as:
• Minimum Sound Transmission Class (STC) rating specification for the
windows and doors for the noise impacted spaces with a closed window
condition.
• Exterior noise barriers made of any solid, air -tight material that is
acceptable for outdoor use and has a minimum surface weight of 2.5 lbs.
per sq. ft.
• Earth berms or combinations of berms with shorter fences or walls on top.
• Terracing a sloped site where the shoulder of the slope (edge of terrace)
acts as a barrier if the receptor is far enough back so that the view to the
freeway is shielded.
27. The applicant shall concurrently record a note on the final map and record a deed
restriction for each parcel created by the subdivision stating, "To meet the interior
noise standard for residential areas of 45 dB CNEL, the construction of single-
family dwellings on each created parcel shall implement noise mitigation
measures at the time of construction. A qualified noise consultant shall provide
documentation at the time of Site Development, identifying architectural or
construction measures to .be taken to assure that interior noise levels will not
exceed 45 dB CNEL (General Plan, Noise Element Goal 2, Policy 2.2) and
exterior noise levels at outdoor living areas will not exceed 60 dB CNEL (General
Plan, Land Use and Noise Compatibility Guidelines Figure 7-4)."
28. The applicant shall concurrently record a note on the final map and record a deed
restriction for each parcel created by the subdivision stating, "A final acoustical
report prepared by a qualified professional to verify a structural attenuation
capability to achieve an interior noise standard of 45 dB CNEL (General Plan,
Noise Element Goal 2, Policy 2.2) and an exterior noise level at outdoor living
areas of 60 dB CNEL, (General Plan, Land Use and Noise Compatibility
Guidelines Figure 7-4) shall be submitted to the Town of Los Altos Hills at the
time of Site Development. The Planning Department shall review and approve
the report prior to the final inspection or occupancy of the new residence."
29. Upon discovering or unearthing any possible burial site as evidenced by human
skeletal remains or artifacts, the person making such discovery shall immediately
notify the County of Santa Clara Coroner and no further disturbance of. the site
may be made except as authorized by the County Coordinator of Indian Affairs.
This shall be accomplished to the satisfaction of the County Coroner's Office and
the Planning Director, as may be necessary during the construction of the
subdivision improvements or individual lot development.
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August 5, 2010
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30. The addresses for the three parcels shall be assigned and approved by the Town as
required by the Santa Clara County Fire Department and in accordance with
Town policies.
31. The new residences on Parcels A, B & C shown on the Tentative Map Conceptual
Development Plan are conceptual only, and no approval of any residence is
indicated by approval of the Tentative Map. Site development applications for
the new residences shall be submitted to the Planning Department for review and
approval.
32. At such time as development on each of the new parcels is proposed, the applicant
shall submit a detailed drainage improvement plan for review and approval by the
Engineering Department. Peak discharge shall not exceed the existing pre -
development peak discharge value of the property. Detention storage must be
incorporated into the project to reduce the predicted peak discharge to the pre -
development value. The applicant's engineer shall provide . data and peak
discharge hydrologic model(s) utilized, as well as, the calculations of the peak
discharge value prior and post development.
33. To avoid indirect impacts to nesting birds, bridge construction and pathway
construction within the oak woodland shall be scheduled between September 1
and March 1 of any given year. If this schedule is not practical and construction
activities must occur during the bird nesting season, a qualified biologist shall
conduct a focused survey for nesting birds no more than 15 days prior to
construction. If any active bird nests are observed in the work area, the biologist
will establish a buffer zone around the nest, wherein work within the buffer zone
is postponed until the biologist has determined that all chicks have fledged.
FIRE DISTRICT REQUIREMENTS
34. Fire protection improvements, including installation of any required hydrants,
shall be constructed as requested by Santa Clara County Fire Department.
Improvements shall be constructed and ready for use prior to the recordation of
the Final Map, or shall be bonded for. Approved access to each parcel shall be
installed prior to commencement of any construction on that lot.
35. Plans for new residences shall be reviewed and approved by the Santa Clara
County Fire Department at the time of site development permit application.
Conditions that may be applied at that time include, but are not limited to,
providing an acceptable water supply based on the size of the new residences,
providing an emergency vehicle turnaround, placement of property address signs
that are clearly visible from the right-of-way, and providing an approved access
system if the lots are fenced and gated.
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ATTACHMENT 2
RECOMMENDED FINDINGS FOR THE THREE LOT
SUBDIVISION OF A 12.56 -ACRE PARCEL
LANDS OF NICHOLSON
(Assessor's Parcel Number 336-42-021)
FILE #96 -04 -TM -IS -ND -GD
1. The subdivision as proposed would create three lots: Lot A would be 2.25 acres
in size, with a Lot Unit Factor of 2.16; Lot B would be 3.21 acres in size, with a
Lot Unit Factor of 2.72; Lot C would be 7.10 acres in size, with a Lot Unit Factor
of 3.49. Each parcel would provide a viable building site. In this and all other
respects, the lots conform to the Los Altos Hills Subdivision Ordinance.
2. The proposed subdivision would create three lots that would meet the General
Plan guidelines for land with an average slope between 10 and 30 percent, and in
all other respects will be consistent with the General Plan.
3. Access to the proposed lots will be provided from a public road. Adequate
services including water, gas and electric, telephone, fire protection and police
protection are available to serve the subdivision as described in the staff report
and the Mitigated Negative.Declaration for the project. Future development on the
three parcels will require connection of each parcel to the Los Altos Basin Sewer
System.
4. All lots as proposed on the Tentative Map are physically suitable for the proposed
future development. The Town Geotechnical Consultant has indicated that stated
concerns can be addressed by adherence to the Project Geotechnical Report and
conditions of approval for the project: It has been determined that each of the
proposed lots contains a suitable building site, and that the proposed density is
consistent with the General Plan.
5. All potentially significant environmental effects can be reduced to a level of
insignificance as mitigated in the attached Mitigated Negative Declaration. The
design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage or to substantially and unavoidably injure fish
or wildlife or their habitat.
6. The Town Engineer has reviewed the project and has determined that the design
of the subdivision and the improvements will not conflict with easements,
acquired by the public at large, for access through or use of the property within
the proposed subdivision.
Attachment 3
INITIAL STUDY
Initial Study Checklist & References
Tentative Parcel Map Application
Lands of Nicholson
96 -04 -TM -IS -ND -GD
Town of Los Altos Hills -Planning Department
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 2 of 31
In accordance with the policies regarding implementation . of the California
Environmental Quality Act of 1970, this document, combined with the attached
supporting data, constitutes the initial study on the subject project. This initial study
provides the basis for the determination of whether the project may have a significant
effect on the environment. If it is determined that the project may have a significant
effect on the environment, an environmental impact report will be prepared which
focuses on the area of concern identified by this initial study. If it is determined that the
project would not have a significant effect on the environment, it is eligible for a
Negative Declaration. If it is determined that the proposed project could have a
significant effect on the environment, however, the significant effects of the project have
been reduced to a less -than -significant level because revisions in the project have been
made by or agreed to be the project applicant, then the project would be eligible for a
Mitigated Negative Declaration.
Environmental Checklist Form
1. Project Title: Nicholson Subdivision 3 -lot Subdivision, (File # 96 -04 -TM -IS -ND -
GD)
2. Lead Agency Name and Address: Town of Los Altos Hills, 26379 Fremont Road,
Los Altos Hills, California 94022
3. Contact Person and Phone Number: Debbie Pedro, AICP, Planning Director
(650) 941-7222
4. Initial Study prepared by: Cynthia Richardson, Consulting Planner
(650) 941-7222
5. Project Location: The project is located on the west side of I280 at the terminus of
Eastbrook Avenue, Los Altos Hills, CA 94022, APN# 336-42-021.
6. Project Sponsor's Name and Address: W. John Nicholson, 1680 Dell Avenue,
Campbell, CA
7. General Plan Designation: R -Residential
8. Zoning: R -A (Residential -Agricultural)
9. Description of Project: The project sponsor is requesting approval of a tentative
subdivision map to subdivide one parcel totaling 12.56 gross acres to create three
(3) parcels for development of single-family residential homes: Parcel A — 2.25
acres; Parcel B — 3.21 acres and Parcel C — 7.10 acres. Access to parcels A and B is
proposed from a new shared driveway off an existing access at the end of Eastbrook
Avenue. Parcel C is accessed from a panhandle comzecting to Dawson Drive. All
parcels are planned to connect to the existing sewer system and water service will
be provided by California Water Service. All existing and new power and utility
lines within the subdivision will be placed underground.
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 3 of 31
10. Surrounding Land Uses and Setting: The project is located on the south side of
I280 at the end of Eastbrook Avenue. Surrounding land uses include one and two
story single-family residences with minimum lot size of 1 acre.
11. Other public agencies whose approval is required: Santa Clara County Fire
Department, California State Department of Transportation, Department of Fish and
Game, Regional Water Quality Board.
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 4 of 31
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant
Impact" as indicated by the checklist on the
following pages.
❑ Aesthetics
❑
Agriculture Resources LJ
Air Quality
Biological Resources
Cultural Resources
Geology /Soils
❑ Hazards & Hazardous
Z
Hydrology / Water Quality ❑
Land Use / Planning
Materials
❑ Mineral Resources
Noise ❑
Population / Housing
❑ Public Services
❑
Recreation ❑
Transportation/Traffic
❑ Utilities / Service Systems
❑
Mandatory Findings of Significance
This Initial study has been prepared in accordance with the California Environmental Quality Act.
Information and conclusions in the Initial Study are based upon staff research and the Town's General
Plan and Municipal Code.
DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, ❑
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on
attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, ❑
and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at ❑
least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact" or "potentially
significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there ❑
WILL NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
Signature: Date: July 28, 2010
Debbie Pedro, AICP, Planning Director
A "►
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 5 of 31
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a ❑ ❑ Q ❑
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock ❑ ❑ Q ❑
outcroppings, and historic buildings within
a state scenic highway?
c) Substantially degrade the existing visual ❑ ❑ Q ❑
character or quality of the site and its
surroundings?
d) Create a new source of substantial light ❑ ❑ Q ❑
or glare which would adversely affect day
or nighttime views in the area?
DISCUSSION:
The proposed project is situated along Highway I280. Currently I280 is not designated as a scenic highway
in the area flowing through the Town of Los Altos Hills. Current vistas of the property afford drivers
views of open space with trees and open grassland. The largest of the three parcels, Parcel C will maintain
over 75% of the 7.10 acres in dedicated Open Space as shown on the Tentative Parcel Map. The Los Altos
Hills General Plan identifies important vistas, historic sites, and scenic highways within the Town. None of
these resources listed in the General Plan will be significantly impacted by the proposal.
Aesthetic impacts due to site grading and residential buildings are expected to be mitigatible when new
residences are built. At the time of any proposed development all projects will be evaluated for aesthetic
impacts such as structure height, size, setbacks, grading, fencing, tree preservation, and lighting
landscaping. Parcel C is the most visible building site from I280 and surrounding properties. Significant
landscaping will be required during the Site Development review process for the proposed home once final
design drawings are submitted to the Town. Furthermore, the Town has established standards for screening
and lighting of all new residential dwelling projects and their associated landscaping and lighting plans are
reviewed at publicly noticed hearings.
MITIGATION:
None
Sources:
1,2,5,6
A
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 6 of 31
II. AGRICULTURE RESOURCES—
Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the ❑ ❑ ❑
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for ❑ ❑ ❑ [�
agricultural use, or a Williamson Act
contract?
c) Involve other changes in the existing
environment which, due to their location or ❑ ❑ ❑
nature, could result in conversion of
Farmland, to non-agricultural use?
DISCUSSION:
The proposed subdivision will have no foreseeable impact on Agricultural Resources. The site is not used
as agricultural land.
MITIGATION:
None
Source:
8
FBI
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 7 of 31
Th
Potentially y Less an
� y
Less Than
Significant gn ficnntw Significant No Impact
ith .
1V nigauon
Impact Impact
,Incorporation ,
III. AIR QUALITY -- Would the project:
a) Conflict with or obstruct implementation of
❑
❑
❑
the applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
❑
❑
❑
Q
quality violation? .
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non -attainment under an
applicable federal or state ambient air quality
❑
❑
❑
Q
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
❑
❑
❑
0
e) Create objectionable odors affecting a
❑
❑
❑
Q
substantial number of people?
DISCUSSION:
Santa Clara County is currently a non -attainment basin for ozone thresholds
but achieves an attainment
level
for carbon monoxide emissions. The net increase of
two developable properties is not a "considerable
cumulative impact'.
MITIGATION:
None
Source:
9
0
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 8 of 31
` Less,"Than
" Sotaln gn ficant w� -
Les n Than
ign ft Si i th Sig �fcant No Impact
p f M►tigat�on
act Incorporat�o'n Impact
Im
IV. BIOLOGICAL RESOURCES --
Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, ❑ Q
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional ❑ Q
plans, policies, regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act ❑ ❑
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native ❑ Q
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or
ordinances protecting biological resources, ❑ ❑
such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted
u
❑
51
Habitat Conservation Plan, Natural ® ❑ Q
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
DISCUSSION:
A biological report was prepared by Biotic Resources Group dated January 5, 2010. The report specifically
covers the area of improvements associated with the Hale Creels pathway crossing and the pathway
construction required for the subdivision. The report is specific to the pathway component of the
subdivision because the proposed house locations are outside the creek area and not within oak woodland
9
M
■❑
0
A
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 9 of 31
areas. The report finds that the riparian areas along Hale Creek to be of lower value because of its narrow
width, discontinuous cover, and the close proximity of Highway 280. Areas of oak woodland exist on the
property and are traversed by the proposed pathways. Little disturbance to these areas are expected
because no trees will be removed and the new pathway will follow an old dirt road. No special status plant
species were observed.
One Eucalyptus tree is proposed to be removed with the construction of the future driveway to Parcel C. A
35" oak tree may also be slightly impacted during grading for this driveway. The applicant has provided an
arborist's letter prepared by certified arborist William C. Kleinheinz of Peninsula Tree Care dated October
30, 2009 which addresses tree protection measures during construction and requires that an arborist be on
site when grading occurs for the proposed driveway. No other trees are to be removed with this project.
A few special status wildlife species are listed in the California Natural Diversity Database (CNDDB)
within the general project vicinity but are not expected to occur on the project site. Two special status
wildlife species are listed. The Cooper's hawk (Accipiter cooperii) and the San Francisco dusky -footed
woodrat (Neotoma fuscipes annectens) are two species where marginal but potentially suitable habitat
exists within the project site. Mitigation measures have been created to mitigate any significant impacts.
MITIGATION:
Biologic Measure 1: Prior to construction of the pathway bridge over Hale Creek, the applicant shall
secure all necessary permits from Santa Clara Valley Water District, Regional Water Quality Control Board
and the Department of Fish and Game. The project construction shall be performed when the creek is dry
and shall incorporate erosion control measures to avoid/minimize erosion or sediments from entering
downstream aquatic resources during and after construction (i.e., use of silt fencing and/or other approved
erosion control features).
Biologic Measure 2: To avoid impacts to trees the applicant shall implement tree protection measures as
depicted on Sheet C-3 the Tentative Parcel Map. These measures include fencing erected along the dripline
of retained trees (or tree groupings). Where fencing of the dripline is not feasible (such as along the existing
dirt road), protection fencing shall be placed as far outward from the tree trunk as possible. All construction
activities, including storage of construction materials and deposition of trash shall be prohibited from the
fenced areas. The integrity of the fencing should be checked periodically and repaired if damage is noted.
Where excavation is to occur within the dripline of existing trees, the applicant shall hand cut all tree roots
greater than 3 inches in diameter. Limb removal shall follow Tree Pruning Best Management Practices as
adopted by the International Society of Arboriculture (ISA) and shall be observed by a registered Arborist.
Biologic Measure 3: To avoid indirect impacts to nesting birds, bridge construction and pathway
construction within the oak woodland shall be scheduled between September 1 and March 1 of any given
year. If this schedule is not practical and construction activities must occur during the bird nesting season, a
qualified biologist shall conduct a focused survey for nesting birds no more than 15 days prior to
construction. If any active bird nests are observed in the work area, the biologist will establish a buffer zone
around the nest, wherein work within the buffer zone is postponed until the biologist has determined that all
chicks have fledged.
Sources:
1,2,5,6,10,20,21
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 10 of 31
V. CULTURAL RESOURCES —
Would the project:
a) Cause a substantial adverse change in the
Q
significance of a historical resource as defined
❑
❑
❑
in' 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
❑
Q
❑
❑
pursuant to ' 15064.5?
c) Directly or indirectly destroy a unique
❑
❑
Q
paleontological resource or site or unique
❑
geologic feature?
d) Disturb any human remains, including
❑
Q
❑
❑
those interred outside of formal cemeteries?
DISCUSSION:
The proposed subdivision and anticipated residential development will have no foreseeable impact on
Cultural Resources as defined in Title 14; Chapter 3; Article 5; Section 15064.5 of the California
Environmental Quality Act. The site does not contain a listed historical building and no known
archeological resources exist on the subject property.
However, if any artifacts or human remains are discovered during any future grading or construction
onsite, work in the vicinity of the find shall stop immediately until a qualified archaeologist can evaluate
the site and determine the significance of the find per the mitigation measure described below.
MITIGATION:
Cultural Measure 1: Upon discovering or unearthing any possible burial site as evidenced by human
skeletal remains or artifacts, the person making such discovery shall immediately notify the County of
Santa Clara Coroner and no further disturbance of the site may be made except as authorized by the County
Coordinator of Indian Affairs.
Sources:
3,5,16
J A
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 11 of 31
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential
❑
Q
❑
❑
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
❑
Q
❑
❑
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
❑
Q
❑
❑
iii) Seismic -related ground failure, including
❑
❑
❑
Q
liquefaction?
iv) Landslides?
❑
Q
❑
❑
b) Result in substantial soil erosion or the loss
of topsoil?
❑
❑
Q
❑
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
❑
Q
❑
❑
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code.
(1994), creating substantial risks to life or
❑
❑
Q
❑
property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
®
❑
❑
Q
where sewers are not available for the disposal
of waste water?
DISCUSSION:
A fault trace was encountered on Parcel C and consequently a 50 -foot building setback from the fault trace
has been shown on the Tentative Parcel Map. According to the fault investigation prepared by Steven. F.
Connelly dated May 8, 2001, the geotechnical investigation prepared by United Soil Engineering dated July
2009 and the Supplemental Fault Investigation prepared by Steven F. Connelly on June 23, 2010,
mitigatible geological hazards on the property include seismic ground shaking and uncompacted fills. The
Town's Geotechnical Engineer has reviewed the reports and concurs with the findings therein.
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 12 of 31
MITIGATION:
None
Sources:
12, 17, 18
J A
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 13 of') I
VII. HAZARDS AND HAZARDOUS MATERIALS --
Would the project:
a) Create a significant hazard to the public or ❑ ® ❑ Z
the environment through the routine transport,
use, or disposal of hazardous materials?
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions ❑ ❑ ❑ Q
involving the release of hazardous materials
into the environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
❑
❑
❑ 0
substances, or waste within one-quarter mile
of an existing or proposed school?
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
❑
❑
❑ 10
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
❑
❑
❑ Q
or public use airport, would the project result
in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
❑
❑
❑ Q
hazard for people residing or working in the
project area?
g) Impair implementation of or physically
Q
interfere with an adopted emergency response
❑
❑
❑
plan or emergency evacuation plan?
h) Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
❑
Q
❑ ❑
to urbanized areas or where residences are
intermixed with wildlands?
DISCUSSION:
The proposed subdivision and anticipated residential development does not produce a hazard or hazardous
waste and will have no foreseeable impact related to Hazards and Hazardous Materials. The site is not
located in an identified location according to CA Government Code 65962.5.
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 14 of 31
The site is located within the Wildland Urban Interface Fire Severity Zone. No construction is proposed at
this time other than utility improvements and installation of the new pathway system. At the time new
residential construction is proposed the California Building Code, Chapter 7A provides new residential
construction methods for homes in a high fire risk zone and will be reviewed and approved by the Santa
Clara County Fire District.
MITIGATION:
None
Sources:
13
J ,
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 15 of 31
4 kF
Potentially %esshThan Less Than
S�gn�ficant with'
Significant Mingat�on x £ Sign►ficant No Impact
* Impact � �> �Trnpact
Incorporation
VIII HYDROLOGY AND WATER QUALITY --
Would the project:
a) Violate any water quality standards or waste
❑ ❑ ❑ 0
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table level (e.g., the production rate of pre-
❑ ❑ ❑ Q
existing nearby wells would drop to a level
which would not support existing land uses or
planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage
pattern of the site or area, including through the
alteration of the course of a stream or river, in a
❑ ❑ Q ❑
manner which would result in substantial erosion
or siltation on- or off-site?
d) Substantially alter the existing drainage
pattern of the site or area, including through the
alteration of the course of a stream or river, or
❑ ❑ 0 ❑
substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned
❑ ❑ Q ❑
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
❑ ❑ ❑ Q
g) Place housing within a 100 -year flood hazard
area as mapped on a federal Flood Hazard
❑ ❑ Q ❑
Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100 -year flood hazard area
structures which would impede or redirect flood
❑ ❑ ❑ Q
flows?
i) Expose people or structures to a significant
risk of loss, injury or death involving flooding,
❑ ❑ ❑ Q
including flooding as a result of the failure of a
levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
❑ ❑ ❑ Q
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 16 of 31
DISCUSSION:
The proposed subdivision and anticipated residential development will have no immitigatible impact on
Hydrology and Water Quality as defined in this section. All proposed parcels naturally drain to the north
over the site and will be required to maintain the existing flow patterns, using surface flow designs
whenever possible. Limited construction is proposed at this time, including utility improvements and
installation of the new pathway system which includes a bridge that will span over Hale Creek. The Town
Engineer will require a drainage improvement plan to be submitted prior to construction of any future site
development.
MITIGATION:
Hydrology Measure 1: Construction of the new pathway bridge over Hale Creek shall be designed in a
manner to be above the 100 year flood level. Prior to construction, the applicant shall secure all necessary
permits from regulatory agencies including but not limited to the California Department of Fish and Game,
Regional Water Quality Board, Santa Clara Valley Water District and the Town's Engineering Department.
Sources:
2, 11, 14
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 17 of 31
y s •.,
f� 3
ess Than
Potentially 3 Less Than
Significant with'
Sigp�ficant Significant No Impact
Im act Mitigation Im act
' ; p s, i Y `Incorporation � p #,
F
IX. LAND USE AND PLANNING --
Would the project:
a) Physically divide an established
community? ❑ ❑ ❑ Q
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific plan, ❑ ❑ ❑ Q
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat
conservation plan or natural community ❑ ❑ ❑ Q
conservation plan?
DISCUSSION:
The proposed subdivision and anticipated residential development will not physically divide a community. The
project complies with the Los Altos Hills General Plan and Subdivision Code. A portion of the project site is located
in an area denoted as Open Space Conservation Area on the General Plan Map. The Open Space Committee
recommends dedication of an open space easement along the north western portion of Parcel C. The easement is
required in order to protect areas of steep slopes and oak tree coverage. An Open Space Easement will also be
required on Parcel B over Hale Creek and spanning 25 feet from the top of the creels banks.
MITIGATION:
None
Sources:
4,5,6
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 18 of 31
X. MINERAL RESOURCES --
Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the ❑ ❑ ❑ Q
region and the residents of the state?
b) Result in the loss of availability of a
locally -important mineral resource recovery ❑ ❑ ❑
site delineated on a local general plan, specific
plan or other land use plan?
DISCUSSION:
The proposed subdivision and anticipated residential development will not result in a loss of mineral
resources. The project is not located in an area known for valued minerals.
MITIGATION:
None
Sources:
5,6,17,18
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 19 of 31
XI. NOISE --Would the project result in:
a) Exposure of persons to or generation of
noise levels in excess of standards established ❑ Q ❑ ❑
in the local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundbome vibration or ❑ ❑ ❑ Q
groundborne noise levels?
c) A substantial permanent increase in
❑
ambient noise levels in the project vicinity
❑
❑
above levels existing without the project?
d) A substantial temporary or periodic
increase in ambient noise levels in the project
❑
❑
d
❑
vicinity above levels existing without the
project?
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
❑
❑
❑
Q
or public use airport, would the project expose
people residing or working in the project area
to excessive noise levels?
f) For a project within the vicinity of a private
airstrip, would the project expose people
❑
❑
❑
residing or working in the project area to
excessive noise levels?
DISCUSSION:
The proposed subdivision and anticipated residential development will be regulated by the Town's
established noise standards. Interim construction noise levels associated with subdivision improvements
and future site development will likely periodically exceed 60dB(A) but can be held to less than significant
by adherence to Town standards for hours of construction. Once development is complete, day to day
living will produce noises such as vehicles and air conditioning units. These types of noises are typical of a
residential neighborhood. Further, the Town requires new residences, swimming pools, pool equipment,
and air conditioners to demonstrate compliance with Town Noise standards. No immitigatible or new types
of noise impacts are anticipated.
A Traffic Noise Assessment Study was prepared by Edward L. Pack Associates, INC dated January 11,
2010. Due to noise generated from 1280 freeway, noise levels at the building site ranged from 64 to 67 dB
CNEL for Parcel A, 64 to 67 dB Community Noise Equivalent Level (CNEL) for Parcel B and 63 to 66 dB
CNEL for Parcel C. The Town's General Plan Noise standards specify noise exposure limit of 60 dB
CNEL for residential land use (General Plan, Land Use and Noise Compatibility Guidelines Figure 7-4).
Interior noise exposures are limited to 45 dB CNEL in interior living spaces (General Plan, Noise Element
Goal 2, Policy 2.2). The Traffic Noise Assessment Study contains general mitigation for both interior and
exterior noise attenuation. The report maintains that all parcels with future buildings can be mitigated to an
acceptable level for both interior and exterior noise. At such time when the future homes are built a noise
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 20 of 31
report will be required listing any mitigation measures necessary to reduce the noise levels to an acceptable
level.
MITIGATION:
Noise Measure 1: The applicant shall ensure that noise generating construction activities are limited to
Monday through Saturday between the hours of 8:00 am and 5:30 pm. No heavy noise generating
equipment is allowed to be used on Saturdays and no construction is allowed on Sundays or holidays as
noted per Chapter 7, Sec.5-7-01 of the Los Altos Hills Municipal Code.
Sources:
5, 6, 19
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 21 of 31
F
1, rPotentially Less Than. r
S�gn�ficant with ' s S� mficanf No Im act
E 1Vhtigation 4
g �f
smpact , ncorporation pac
ant g P
I Im t
L
XII. POPULATION AND HOUSING --
Would the project:
a) Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or ❑ ❑ ❑ Q
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of ❑ ❑ ❑ 0
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement ❑ ❑ ❑
housing elsewhere?
DISCUSSION:
The proposed subdivision and anticipated residential development will not have a significant impact on
population or housing.
MITIGATION:
None
Sources:
2,3,5
r
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 22 of 31
Police protection? ❑ ❑ ❑ Q
Schools? ❑ ❑ ❑ Q
Parks? ❑ ❑ ❑ Q
Other public facilities? ❑ ❑ ❑ Q
DISCUSSION:
The proposed subdivision and anticipated residential development will not have a foreseeable impact on
any public service or facility.
MITIGATION:
None
Sources:
2,3
Potentially
Less
Significant h
wit
Less Than
Ig
t"
Mrtigat1on
Significant
No Impact
Impact :
Incorporation
Impact
XIII. PUBLIC SERVICES-- Would the project:
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
❑
❑
❑ Q
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
Fire protection?
❑
❑
❑ Q
Police protection? ❑ ❑ ❑ Q
Schools? ❑ ❑ ❑ Q
Parks? ❑ ❑ ❑ Q
Other public facilities? ❑ ❑ ❑ Q
DISCUSSION:
The proposed subdivision and anticipated residential development will not have a foreseeable impact on
any public service or facility.
MITIGATION:
None
Sources:
2,3
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 23 of 31
77777777777777
Less'Thang l
� � 'Potentially : � < Less Than: ,
mficant with
SAgn1ficant Sig "gnificanNo Impact
Impact Mitigation
Impact
s
Tncorporatkn
XIV. RECREATION -- Would the project:
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that ❑ ❑ ❑ Q
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which ❑ ❑ ❑ 0
might have an adverse physical effect on the
environment?
DISCUSSION:
The proposed subdivision and anticipated residential development will not have a foreseeable impact on recreation
facilities. The Town's Parks and Recreation Department will collect an in lieu fee prior to recordation of the Final
Map.
MITIGATION:
None
Sources:
5,6
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 24 of 31
s _
+� �Less;Than-
Potentially Less Than
ry Significant Significant with Signicant No Impact
Mitigation
Impact ` Impact
,� Incorporation
A sfi
XV. TRANSPORTATION/TRAFFIC —
Would the project:
a) Cause an increase in traffic which is
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
❑
❑
Q
❑
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively,
a level of service standard established by the
❑
❑
❑
Q
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns,
including either an increase in traffic levels or
❑
❑
❑
Q
a change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a
design feature (e.g., sharp curves or dangerous
❑
❑
❑
Q
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
❑
❑
❑
Q
f) Result in inadequate parking capacity?
❑
❑
❑
Q
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation
❑
❑
❑
Q
(e.g., bus turnouts, bicycle racks)?
DISCUSSION:
The subdivision will create two additional new dwellings. The minor increase in traffic is not anticipated to create
traffic congestion on existing local roadways.
MITIGATION:
None
Sources:
1,2,3,5
s
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 25 of 31
XVI. UTILITIES AND SERVICE SYSTEMS—
Would the project:
a) Exceed wastewater treatment requirements
of the applicable Regional Water Quality ❑ ❑ ❑ Q
Control Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the ❑ ❑ ❑ Q
construction of which could cause significant
environmental effects?
c) Require or result in the construction of new
storm water -drainage facilities or expansion of ❑ ❑ ❑ Q
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to
serve the project from existing entitlements
❑
❑
❑
Q
and resources, or are new or expanded
entitlements needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
❑
❑
❑
Q
serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
❑
❑
❑
Q
project's solid waste disposal needs?
g) Comply with federal, state, and local
❑
❑
❑
statutes and regulations related to solid waste?
DISCUSSION:
The proposed subdivision and anticipated residential development will not have a foreseeable impact on utility and
service systems. Water supply will be provided by California Water Service Company. All parcels will be
connected to the sanitary sewer system.
MITIGATION:
None
Sources:
1,2,3,15
r
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 26 of 31
Potentially Less fha t Less Than
Significant Mgnl S1gn!fcant No Impact
scan w th
tigat�on :<
Impact Impact
Incorporation
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE -- Would the project:
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining ❑ ❑ ❑ Q
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project ❑ ❑ ❑ Q
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects
which will cause substantial adverse effects on ❑ ❑ ❑ Q
human beings, either directly or indirectly?
DISCUSSION:
The proposed project, as mitigated, will not result in a negative impact to the environment, wildlife, plant or historical
resource. The project does not have any foreseeable cumulative or unmitigated impacts as defined in this Initial Study.
MITIGATION:
None
Sources:
1-23
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 27 of 31
MITIGATION MEASURES INCLUDED IN THE PROJECT TO AVOID
POTENTIALLY SIGNIFICANT EFFECTS:
Biologic Measure 1: Prior to construction of the pathway bridge over Hale Creek, the applicant shall
secure all necessary permits from Santa Clara Valley Water District, Regional Water Quality Control Board
and the Department of Fish and Game. The project construction shall be performed when the creek is dry
and shall incorporate erosion control measures to avoid/minimize erosion or sediments from entering
downstream aquatic resources during and after construction (i.e., use of silt fencing and/or other approved
erosion control features).
Biologic Measure 2: To avoid impacts to trees the applicant shall implement tree protection measures as
depicted on Sheet C-3 the Tentative Parcel Map. These measures include fencing erected along the dripline
of retained trees (or tree groupings). Where fencing of the dripline is not feasible (such as along the existing
dirt road), protection fencing shall be placed as far outward from the tree trunk as possible. All construction
activities, including storage of construction materials and deposition of trash shall be prohibited from the
fenced areas. The integrity of the fencing should be checked periodically and repaired if damage is noted.
Where excavation is to occur within the dripline of existing trees, the applicant shall hand cut all tree roots
greater than 3 inches in diameter. Limb removal shall follow Tree Pruning Best Management Practices as
adopted by the International Society of Arboriculture (ISA) and shall be observed by a registered Arborist.
Biologic Measure 3: To avoid indirect impacts to nesting birds, bridge construction and pathway
construction within the oak woodland shall be scheduled between September 1 and March 1 of any given
year. If this schedule is not practical and construction activities must occur during the bird nesting season, a
qualified biologist shall conduct a focused survey for nesting birds no more than 15 days prior to
construction. If any active bird nests are observed in the work area, the biologist will establish a buffer zone
around the nest, wherein work within the buffer zone is postponed until the biologist has determined that all
chicks have fledged.
Cultural Measure 1: Upon discovering or unearthing any possible burial site as evidenced by human
skeletal remains or artifacts, the person making such discovery shall immediately notify the County of
Santa Clara Coroner and no further disturbance of the site may be made except as authorized by the County
Coordinator of Indian Affairs.
Hydrology Measure 1: Construction of the new pathway bridge over Hale Creek shall be designed in a
manner to be above the 100 year flood level. Prior to construction, the applicant shall secure all necessary
permits from regulatory agencies including but not limited to the California Department of Fish and Game,
Regional Water Quality Board, Santa Clara Valley Water District and the Town's Engineering Department.
Noise Measure 1: The applicant shall ensure that noise generating construction activities are limited to
Monday through Saturday between the hours of 8:00 am and 5:30 pm, No heavy noise generating
equipment is allowed to be used on Saturdays and no construction is allowed on Sundays or holidays as
noted per Chapter 7, Sec.5-7-01 of the Los Altos Hills Municipal Code.
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 28 of 31
Source List:
1. Field Inspection
2. Project Plans
3. Planner's Knowledge of the Area
4. Los Altos Hills Land Use and Zoning Map
5. Los Altos Hills General Plan
6. Los Altos Hills Municipal Code
7. Assessor's Maps, Office of County Assessor, Santa Clara County, 2006-2007
8. State Department of Conservation, Farmland Mapping and Monitoring Program
9. BAAQMD CEQA Guidelines: Assessing the Air Quality Impacts of Projects and Plans, December
1999
10. State Depart ment Fish and Game CNDDB Map
11. Santa Clara Valley Water District Map
12. Geotechnica 1 and Seismic Hazard Zones Map of Los Altos Hills, Cotton Shires and Associates,
December 2005
13. DTSC Hazardous Waste and Substa nce Sites List, California Environmental Protection Agency
14. Federal Emer gency Management Agency, Flood Insurance Rate Map, Los Altos Hills, May 18,
2009
15. Sanitar y Sewer Map, Town of Los Altos Hills Engineering Department
16. Santa Clara County Municipal Code Chapter II Indian Burial Grounds (Title B Division B-6)
17. Geotechnica I Investigation reports prepared by United Soil Engineering, report dated July 2009,
Fault Investigation prepared by Steven F. Connelly dated May 8, 2001 and the Supplemental Fault
Investigation prepared by Steven F. Connelly dated June 23, 2010.
18. Cotton & Shires Assoc. Peer Review Letter December 2, 2009 and July 7, 2010.
19. Traff is Noise Assessment Study prepared by Edward L. Pack Associates, dated January 11, 2010
20. Biological Report prepare d by Biotic Resources Group dated January 5, 2010
21. Arborist letter prepared by Willia m C. Kleinheinz dated October 30, 2009
22. CEQ A Guidelines, 2010
23. Google Earth
Exhibit List:
1. Project plans
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 29 of 31
Mitigation Monitoring ProLyram
Lands of Nicholson
File # 96-04-Tm-IS-ND-GD
Mitigation Measure
Responsible
Department
Must Be
Completed By
Done
1
Biologic Measure 1: Prior to
Planning
Prior to Grading
construction of the pathway
bridge over Hale Creek; the
applicant shall secure all
necessary permits from Santa
Clara Valley Water District,
Regional Water Quality
Control Board and the
Department of Fish and Game.
The project construction shall
be performed when the creels
is dry and shall incorporate
erosion control measures to
avoid/minimize erosion or
sediments from entering
downstream aquatic resources
during and after construction
(i.e., use of silt fencing and/or
other approved erosion control
features).
2
Biologic Measure 2: To
Planning
Prior to Grading
avoid impacts to trees the
applicant shall implement tree
protection measures as
depicted on Sheet C-3 the
Tentative Parcel Map. These
measures include fencing
erected along the dripline of
retained trees (or tree
groupings). Where fencing of
the dripline is not feasible
(such as along the existing dirt
road), protection fencing shall
be placed as far outward from
the tree trunk as possible. All
construction activities,
including storage of
construction materials and
deposition of trash shall be
prohibited from the fenced
areas. The integrity of the
fencing should be checked
periodically and repaired if
damage is noted. Where
excavation is to occur within
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010 .
Page 2 of 31
the dripline of existing trees,
the applicant shall hand cut all
tree roots greater than 3 inches
in diameter. Limb removal
shall follow Tree Pruning Best
Management Practices as
adopted by the International
Society of Arboriculture (ISA)
and shall be observed by a
registered Arborist.
3
Biologic Measure 3: To
Planning
Prior to Grading
avoid indirect impacts to
nesting birds, bridge
construction and pathway
construction within the oak
woodland shall be scheduled
between September 1 and
March 1 of any given year. If
this schedule is not practical
and construction activities
must occur during the bird
nesting season, a qualified
biologist shall conduct a
focused survey for nesting
birds no more than 15 days
prior to construction. If any
active bird nests are observed
in the work area, the biologist
will establish a buffer zone
around the nest, wherein work
within the buffer zone is
postponed until the biologist
has determined that all chicks
have fledged.
4
Cultural Measure 1: Upon
Planning
During Grading
discovering or unearthing any
Operations
possible burial site as
evidenced by human skeletal
remains or artifacts, the person
malting such discovery shall
immediately notify the County
of Santa Clara Coroner and no
further disturbance of the site
may be made except as
authorized by the County
Coordinator of Indian Affairs.
5
Hydrology Measure 1:
Engineering
Prior to Grading
Construction of the new
pathway bridge over Hale
Creek shall be designed in a
manner to be above the 100
year flood level. Prior to
construction, the applicant
Town of Los Altos Hills
Initial Study Lands of Nicholson
July 28, 2010
Page 3 of 31
shall secure all necessary
permits from regulatory
agencies including but not
limited to the California
Department of Fish and Game,
Regional Water Quality
Board, Santa Clara Valley
Water District and the Town's
Engineering Department.
Noise Measure 1: The
Planning
During
applicant shall ensure that
Construction
noise generating construction
activities are limited to
Monday through Saturday
between the hours of 8:00 am
and 5:30 pm, No heavy noise
generating equipment is
allowed to be used on
Saturdays and no construction
is allowed on Sundays or
holidays as noted per Chapter
7, Sec.5-7-01 of the Los Altos
Hills Municipal Code.
TOWN OF LOS ALTOS HILLS
NEGATIVE DECLARATION
PROJECT TITLE: Lands of Nicholson (3 Lot)
PREPARED BY: Cynthia Richardson, Consulting Planner
NAME AND ADDRESS OF PROJECT SPONSOR:
W. John Nicholson
1680 Dell Avenue
Campbell, CA 95008
LOCATION OF PROJECT: End of Eastbrook Avenue, Los Altos Hills, CA 94022
APN# 182-20-012
PROJECT DESCRIPTION: Proposed three (3) lot subdivision of 12.56 gross acres to create three
new single family residential properties. Parcel A — 2.25 acres; Parcel B
— 3.21 acres and Parcel C — 7.10 acres. Access to parcels A and B is
proposed from a new shared driveway off an existing access at the end
of Eastbrook Avenue. Parcel C is accessed from Dawson Drive. All
parcels are planned to connect to the existing sewer system. Water
service will be provided by California Water Service. All existing and
new power and utility lines within the subdivision will be placed
underground.
FINDING: The Town of Los Altos Hills has completed a review of the proposed
project, and on the basis of the attached Initial Study, has determined
that the project, as mitigated, will reduce impacts to a less than
significant level.
MITIGATION MEASURES INCLUDED IN THE PROJECT TO AVOID POTENTIALLY
SIGNICIANT EFFECTS:
Biologic Measure 1: Prior to construction of the pathway bridge over Hale Creels, the applicant shall
secure all necessary permits from Santa Clara Valley Water District, Regional Water Quality Control
Board and the Department of Fish and Game. The project construction shall be performed when the
creek is dry and shall incorporate erosion control measures to avoid/minimize erosion or sediments from
entering downstream aquatic resources during and after construction (i.e., use of silt fencing and/or other
approved erosion control features).
Biologic Measure 2: To avoid impacts to trees the applicant shall implement tree protection measures
as depicted on Sheet C-3 the Tentative Parcel Map. These measures include fencing erected along the
dripline of retained trees (or tree groupings). Where fencing of the dripline is not feasible (such as along
A
Mitigation Measures
Lands of Nicholson
July 28, 2010
Page 2
the existing dirt road), protection fencing shall be placed as far outward from the tree trunk as possible.
All construction activities, including storage of construction materials and deposition of trash shall be
prohibited from the fenced areas. The integrity of the fencing should be checked periodically and
repaired if damage is noted. Where excavation is to occur within the dripline of existing trees, the
applicant shall hand cut all tree roots greater than 3 inches in diameter. Limb removal shall follow Tree
Pruning Best Management Practices as adopted by the International Society of Arboriculture (ISA) and
shall be observed by a registered Arborist.
Biologic Measure 3: To avoid indirect impacts to nesting birds, bridge construction and pathway
construction within the oak woodland shall be scheduled between September 1 and March 1 of any
given year. If this schedule is not practical and construction activities must occur during the bird nesting
season, a qualified biologist shall conduct a focused survey for nesting birds no more than 15 days prior
to construction. If any active bird nests are observed in the work area, the biologist will establish a
buffer zone around the nest, wherein work within the buffer zone is postponed until the biologist has
determined that all chicks have fledged.
Cultural Measure 1: Upon discovering or unearthing any possible burial site as evidenced by human
skeletal remains or artifacts, the person making such discovery shall immediately notify the County of
Santa Clara Coroner and no further disturbance of the site may be made except as authorized by the
County Coordinator of Indian Affairs.
Hydrology Measure 1: Construction of the new pathway bridge over Hale Creek shall be designed in a
manner to be above the 100 year flood level. Prior to construction, the applicant shall secure all
necessary permits from regulatory agencies including but not limited to the California Department of
Fish and Game, Regional Water Quality Board, Santa Clara Valley Water District and the Town's
Engineering Department.
Noise Measure 1: The applicant shall ensure that noise generating construction activities are limited to
Monday through Saturday between the hours of 8:00 am and 5:30 pm, No heavy noise generating
equipment is allowed to be used on Saturdays and no construction is allowed on Sundays or holidays as
noted per Chapter 7, Sec.5-7-01 of the Los Altos Hills Municipal Code.
Debbie Pedro, AICP, Planning Director Date
TOWN OF LOS ALTOS HILLS
Circulated
Adopted on:
r&V COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
TO: Cvnthia Richardson
Consulting Planner
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California 94022
SUBJECT: Supplemental Geotechnical Peer Review
RE: Nicholson Subdivision
#96 -04 -TM -IS -ND -GD
Attaclunent 4
July 7, 2010
L0308C
RECEIVED
JUL 08 2010
SOWN OF LOS ALTOS HILLS
Junipero Serra Fwy, Eastbrook Avenue (APN 336-42-021)
At your request, we have completed a supplemental geotechnical peer review of
the Tentative Map application using:
Supplemental Fault Investigation (letter -report) prepared by
Steven F. Connelly, C.E.G., dated June 23, 2010;
Tentative Parcel Map, Lands of Nicholson (5 sheets, various
scales) prepared by Lea & Braze Engineering, Inc., latest revision
date of October 1, 2009; and
Fault and Landslide Investigation report), prepa-red b 1 Stevre ! F.
Connelly, C.E.G., dated December 1, 2006. 1
In addition, we have reviewed pertinent project documents from our office files
(L4600) and inspected a recently advanced exploratory trench at the property with the
Project Engineering Geologist.
DISCUSSION
The applicant proposes to subdivide the subject property into three parcels for
future single-family residential development. Conceptual building footprints, driveway
Northern California Office
330 Village Lane
Los Gatos, CA 95030-7218
(408) 354-5542 o Fax (408) 354-1852
www.cottonshires.com
Central California Office
6417 Dogtown Road
San Andreas, CA 95249-9640
(209) 736-4252 o Fax (209) 736-1212
Cynthia Richardson July 7, 2010
L0308C
Page 2
alignments, fault trace setbacks, and proposed open space easements are depicted on
the Tentative Map.
In our previous project geotechnical peer review (letter -report dated December 2,
2009), we recommended geotechnical approval of the Tentative Map with conditions
that a 25 -foot building setback be respected from the top of the cut slope on Parcel C (as
recommended by the Project Geologist), and that appropriate steps be taken during
future building permit phases to verify that exploratory trenching sites (located near
future improvements) are backfilled to appropriate engineering standards.
In January 2010, a local resident indicated that a 1977 Terrasearch investigation
for the adjacent subdivision resulted in the establishment of human habitation setback
zones from suspected fault traces trending towards the currently proposed subdivision
and. specifically the proposed building envelope for Parcel A. This Terrasearch
investigation located several shears within the local Monterey Formation bedrock, but
indicated that:
"no distinctive variety of shear zone was found which could be
correlated from one trench to another."
Based on discussions with Bill Cotton, there was enough room on the adjoining
property to locate desired houses without placing structures over areas where shears
were identified. Apparently Terrasearch adopted the conservative position that shears
could represent through -going faults and recommended that the human habitation
building setback zones (HHBSZ) be established as part of the subdivision.
CONCLUSIONS AND RECOMMENDED ACTION
Over the last three decades substantial additional scientific information has been
obtained about the behavior of faults and specifically about the behavior of thrust faults.
Detailed knowledge of seismic issues is also more widespread within the geotechnical
profession than was the case in 1977. Based on supplemental exploratory trenching
across the trend of the adjacent suspect zones, the Project Engineering Geologist
concludes that the noted shears within the local bedrock are bedding plane shears. Such
shears likely resulted from regional uplift and folding, and are not active fault surfaces
or indicators of fault rupture hazards. This conclusion is consistent with the fact that
previous shears identified by Terrasearch could not be correlated between exploratory
trenches. Based on our review of the referenced Supplemental Fault Investigation and
inspection of site exploratory trenches, we conclude that the Project Engineering
Geologist has satisfactorily addressed concerns regarding the projection of human
habitation setback zones from the adjacent property.
COTTON, SHIRES AND ASSOCIATES, IN
Cynthia Richardson
Page 3
July 7, 2010
L0308C
We do not have geologic or geotechnical objections to the subject Tentative Map
application given adoption of the following conditions:
1. Parcels A and B - Parcels A and B are constrained by a loosely
backfilled exploratory trenches extending through or close to the
future house building envelopes. As recommended by the Project
Engineering Geologist, loose backfill materials potentially
impacting future structures will require either removal and
recompaction to appropriate engineering design standards,
special consideration during foundation design (to span areas of
weak fill), or removal of fill materials with potential adverse
impacts duririg ba-Sement exc9vations. We ecc` rl —!E!P-(' tb- t- fill
materials be fully remediated or removed rather than being
addressed by foundation design.
To verify that site fill materials are properly addressed, future
residential building and grading plans for these parcels should be
reviewed by the Town Engineer and Town Geotechnical
Consultant prior to acceptance of documents for building permit
plan -check.
2. Parcel C - The western Parcel C is constrained by a fault setback,
recommended 25 -foot setback from top of cut slope (impacts
northeastern portion of building envelope), and loosely backfilled
fault exploration trenches. Ideally, the building setback from the
top of cut slope should be depicted on the Tentative Map. The
position of the top of cut slope has been depicted on previous
figures prepared by the Project Geologist.
To verify that the above noted technical issues are properly
addressed, future residential building and grading plans for this
parcel should be reviewed by the Town Engineer and Town
Geotechnical Consultant prior to acceptance of documents for
building permit plan -check.
LIMITATIONS
This supplemental geotechnical peer review has been performed to provide
technical advice to assist the Town with its discretionary permit decisions. Our services
have been limited to review of the documents previously identified, and a visual review
of the property. Our opinions and conclusions are made in accordance with generally
COTTON, SHIRES ANIS ASSOCIATES, INC.
Cynthia Richardson
Page 4
July 7, 2010
L0308C
accepted principles and practices of the geotechnical profession. This warranty is in lieu
of all other warranties, either expressed or implied.
TS:DTS:kd
Respectfully submitted,
COTTON, SHIRES AND ASSOCIATES, INC.
TOWN GEOTECHNICAL CONSULTANT
Ted Sayre
Principal Engineering Geologist
CEG "1795
David T. Schrier
Principal Geotechnical Engineer
GE 2334
COTTON, SHIRES AND ASSOCIATES, IN
AGll,ARA c
FIRE
COURTESY 5 SERVICE
FIRE DEPARTMENT
SANTA CLARA COUNTY
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 • (408) 378-9342 (fax) s www.sccfd.org
DEVELOPMENT REVIEW COMMENTS
CODEISEC. I SHEET I NO. I REQUIREMENT
.Attachment 5
V
Internationally Accredited
Agency
PLAN REVIEW NUMBER 0 9 2 6 7 0
BLDG PERMIT NUMBER
FILENUMBER 96 -04 -TM -IS -ND -GD
Fentative map for proposed 3 -lot subdivision. RECEIVED
CJ C l 2, ' 20119
TOWN OF LOS ALTOS HILLS
Review of this Developmental proposal is limited to acceptability of site access
and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work the applicant shall make
application to, and receive from, the Building Department all applicable
construction permits.
No construction plans submitted ath this time. Conditions for construction will be
provided at time of submittal and will be based upon codes and standards in effect
at time of submittal.
No fire department conditions or requirements.
Approved as submitted.
DATE PAGE
CITY PLANS SPECS NEW RMDL AS OCCUPANCY CONST.TYPE APPLICANT
LEA &BRAZE ENGINERRING, 10/27/2009 OF
--L
1
LAH ® 11 ❑ ❑ 11
DESCRIPTION LOAD DBY
SEC FLOOR AREA
Residential Development Harding, Doug
NAME OF PROJECT: LANDS OF NICHOLSON LOCATION: JUnlper0 Serra
REDUCTION FOR FIRE SPRINKLERS: REQUIRED FIRE FLOW
TABULAR FIRE FLOW: ®20 PSI:
Organized as the Santa Clara County Central Fire Protection District
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
Pacific Gas and.
11 'Ulm Electric Company
February 9, 2005
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attn: Debbie Pedro
Fax: 650-941-3160
RE: Tentative Map Review
Lands of Nicholson, dated: 04/12/2004
Loc:Eastbrook Ave., Los Altos Hills
Two Lots subdivision
APN 336-42-021
Town's File: 94 -04 -TM -IS -ND -GD
PG&E file: 40322879-y04-mr-235
Dear Sir/ Madam:
Land Rights Office
RECEIVED
FEB 10 2005
TOWN OF LOS ALTOS HILLS
Attachment 6
111 Almaden Boulevard, Room 814
P.O. Box 15005
San Jose, CA 95115-0005
We have completed the review of above said Map. PG&E has no objection to the map.
PG&E owns and operates a variety of gas and electric facilities which may be located
within the proposed project boundaries. Project proponents should coordinate with PG&E
early in the development of their project plans to promote the safe and reliable
maintenance and operation of existing utility facilities. Any proposed development plans
should provide for unrestricted utility access and prevent interference vrith PG&E
easements.
Activities which may impact our facilities include, but are not limited to,
permanent/temporary changes in grade over or under our facilities, construction of
structures within or adjacent to PG&E's easements, and planting of certain types of
vegetation over, under, or adjacent to our facilities.
The installation of new gas and electric facilities and/or the relocation of existing PG&E
facilities will be performed in accordance with common law or Rules and Tariffs as
authorized by the California Public Utilities Commission.
Please contact me at (408)282-7401 if you have any questions regarding our comments.
Sincerely,
Alfred''oon
Land Agent
South Coast Area- San Jose
40cOR,�
9. CALIFORNIA WATER SERVICE COMPANY
949 B STREET • LOS ALTOS, CA 94024-6005
EPSEa ``� (650) 917-0152 • FAX (650) 917-0921
November 24, 2009
Town of Los Altos Hills
Attn Cynthia Richardson
26379 Fremont Road
Los Altos Hills, Ca. 94022
Re: Lands of Nicholson (Rebecca Lane)
Attaclunent 7
We acknowledge your request for service on Rebecca Lane in Los Altos Hills. California
Water Service Company is prepared to provide potable water service to this location in
accordance with the rates, rules, and regulations in effect and on file with the California
Public Utilities Commission, or as modified in the exercise of its jurisdiction.
Should you have any questions or need further assistance please call (650) 917-0152.
Sincerely,
Melinda Ray
Customer Service Manager
California Water Service Company
DISTRICT OFFICES: ANTELOPE VALLEY • BAKERSFIELD ^ BAYSHORE • BEAR GULCH • CHICO • DIXON ^ EAST LOS ANGELES • KERN RIVER VALLEY • KING CITY
LIVERMORE • LOS ALTOS • MARYSVILLE • OEOVILLE • RANCHO DOMINGUEZ • REDWOOD VALLEY • SAUNAS • SELMA • STOCKTON • VISALIA • WESTLAKE • WILLOWS
TRANSPORTATION AND H0U5[NG AGENCY
Attaclunent 8
ARNOLD SCHNARZENEGGER.Governor
STATE OF CALIFORNIA—BUSINESS,
DEPARTMENT OF TRANSPORTATION ° m~-
BOX 23660
OAKLAND, CA 94623-0660
(510) 286-4444
TOD (510) 286-4454
May 26, 2009
Stephen R. Carmichael
C/O John Nicholson
1680 Dell Avenue
Campbell, CA 95008
Dear Mr. Carmichael:
04-SCL-280 14.3
06-6RSO444
This is in regard to your request for any impact by adding one single family hombringing to
'i
e ��
two single family homes in conjunction with your approved Encroachment Permit number 0406-
6RSO444, which authorized you to install a new driveway approach on State Highway 04-SCtbrook Avenue, tile ,in
280, Post Mile 14.3, near the intersection of southbound off ramp and Eas
City of Los Altos Hills.
Our review indicates that there will be no traffic impact on the State highway system by adding one
single family home in your project, as any traffic impact would be on the local road beyond the State
right of way or any fire safety issue. This issue shall be addressed with the local agency.
Your permit fee deposit of $246 has been expended for our review time.
If you have any questions, please contact Mr. Lalj i Patel at (510) 622-5973 or me at (510) 286-4401.
Sincerely,
B. DA TES
District B anch Chief
Office off/ ennits
Cc: Stephen R. Carmichael, 4125 Blackford Avenue, # 250, San Jose, CA 95117
► Pa
Attachment 9
Cynthia Richardson
From: Kathrin Turner [KTurner@valleywater.org]
Sent: Wednesday, December 30, 2009 10:12 AM
To: Cynthia Richardson
Subject: Eastbrook Avenue Three Lot Subdivision - File No. 96 -04 -TM -IS -ND -GD
Dear Ms. Richardson:
The Santa Clara Valley Water District (District) staff has reviewed the plans for the Eastbrook Avenue
three -lot subdivision, received on October 22, 2009. Hale Creek runs through the center of Parcel B of
the proposed subdivision. Since the District does not have any right-of-way at this site, in accordance
with the District's Water Resources Protection Ordinance, a District permit is not required for this
project.
The District is glad to see that the proposed bridge crossing over Hale Creek on Parcel B from the
previous plan set is not included in the current set of plans. We have no further comments regarding
this project. If you have any questions, please contact me at the number below. Please reference
District File No. 30484 on any future correspondence.
Thank you,
)Td thfl
an 7Y. 7-anzor
(=I-kturner@vaIIeVwat6r.org
Assistant Engineer II
Santa Clara Valley Water District
Community Projects Review Unit
5750 Almaden Expressway
San Jose, CA 95118-3614
6e3 Phone (408) 265-2607 ext. 2586
Fax (408) 979-5635
"Those who dance are considered insane by those who can't hear the music."
- George Carlin -
1/4/2010
Attachment 10
Town of Los Altos Hills
February 2, 2010
Subdivision Committee Hearing Fact Sheet
Project Description: Three Lot Subdivision
File Number: 96 -04 -TM -IS -ND -GD
Site Address: end of Eastbrook Avenue (APN: 336-42-021)
Owner(s): John Nicholson
Staff Planner: Cynthia Richardson, Consulting Planner
Site Data
Net Lot Area: 12.56 acres
Average Slope: 25.09%
Lot Unit Factor: 8.50
PDnIPnQFTl TIFVPT.nPMTi.NT TARTR
*Existing site data is calculated prior to proposed right-ot-way dedications.
Grading: Grading for pathways only.
Sewer/Septic: Sewer system
Environmental Design Committee Comments: Requests sound and visual mitigation.
Pathway Committee Comments: Construct pathways as follows:
1. A pathway easement over the existing sewer easement from Eastbrook Avenue to the western
boundary of the subdivision.
2. A paved path for pedestrians and non -motorized vehicles and a native path adjacent to the paved path
for horses, both within the existing sewer easement.
3. A bridge over Hale Creek suitable for pedestrians, horses, and bicycles.
4. A native path connecting Dawson Drive to the above paths. This native path is to be located between
Parcel A and B of the subdivision and to use the existing pathway easement between 11639 and 11635
Dawson Drive.
Fire Department Comments: Recommends approval with conditions.
Geotechnical Comments: Recommends approval with conditions.
Utility Company Comments: Cal Water has no objection; PG&E has no objection
A
11.90
2.25
1.99
2.155
30,790
12,725
B
17.20
3.21
3.21
2.715
33,395
15,313
C
33.75
7.10
7.10
3.489
26,168
17,445
Existing
25.09
12.56
12.56
8.50
79,401
44,587
Site*
*Existing site data is calculated prior to proposed right-ot-way dedications.
Grading: Grading for pathways only.
Sewer/Septic: Sewer system
Environmental Design Committee Comments: Requests sound and visual mitigation.
Pathway Committee Comments: Construct pathways as follows:
1. A pathway easement over the existing sewer easement from Eastbrook Avenue to the western
boundary of the subdivision.
2. A paved path for pedestrians and non -motorized vehicles and a native path adjacent to the paved path
for horses, both within the existing sewer easement.
3. A bridge over Hale Creek suitable for pedestrians, horses, and bicycles.
4. A native path connecting Dawson Drive to the above paths. This native path is to be located between
Parcel A and B of the subdivision and to use the existing pathway easement between 11639 and 11635
Dawson Drive.
Fire Department Comments: Recommends approval with conditions.
Geotechnical Comments: Recommends approval with conditions.
Utility Company Comments: Cal Water has no objection; PG&E has no objection
Attachment 11
Town Of Los Altos Dills February 2, 2010
Subdivision Committee Hearing Report
Project Description: Three Lot Subdivision
File Number: 94 -04 -TM -IS -ND -GD
Site Address: End of Eastbrook (Assessors Parcel Number 336-42-021
Owner(s): John Nicholson
Staff Planner: Cynthia Richardson, Consulting Planner
Attendance: Subdivision Committee: Debbie Pedro, Cynthia Richardson, Commissioner
Jim Abraham, Pat Ley. Applicant and representatives: Steve Charmichael, Bob Dwyer,
and John Nicholson. Neighbors: Parviz Keshtbod, Preston Chan, Jenny Chan, Don and
Janet Lull, Denise Chuk, Karen and Harry Emerzian, Mr. Lee.
Environmental Design and Protection Committee Comments: Pat Ley felt that a
house on Lot C should not be allowed. She felt that the slope was very steep, the lots had
large MDA and MFA and the future homes would be highly visible.
Neighbor Comments:
• Parviz Keshtbod, 11627 Rebecca Lane, felt that the intersection that turns into the
subdivision off Eastbrook is potentially dangerous.
• Preston Chan, 11635 Dawson Drive, submitted a letter with the following requests:
Installation of a 6' fence along the panhandle at Dawson Drive; Site the house on Lot
C as far away a possible from their home; Trim or remove the shrub along the south
property line that is leaning over their fence. In addition, the houses on the new lots
will be too large, too close to the freeway. Noise and air quality would be issues for
the homes.
• Don and Janet Lull, 11623 Rebecca Lane, think the property should be left as open
space. They were told the property could ' never be developed when they purchased
their home 30 years ago. New home on Lot A would have direct views into their
home and cause them to lose their views.
• Denise Chuk, 11621 Rebecca Lane, has privacy concerns because new homes on Lots
A and B would look into her property.
• Harry and Karen Emerzian, 11670 Dawson Drive, felt that the height and bulk of the
new homes shoufd be reduced on the new lots; they were told previously that the
property was not able to be developed. They also felt there would be a lot of new
construction traffic on Dawson. They also had concerns about maintenance of the
creek; They would like to see the property left in open space.
Debbie Pedro, Planning Director Date
/4qjSF—GtIV MU
Attachment 12
A
Subdivision Evaluation OF o OS AL105
Environmental Design and Protection Committee Date: iI2 3617
Grading:
Creeks, drainage, easements:
Existing Vegetation:
1�441J - -
Signifi ant iss es/com ents:
r U v it .SCIS &I� �.
3 (04- !�L ' - , j tv; "
Environmental Design and Protection Committee
merit? i uoL-Q- ReviewetL-by: S • �� -
Applicant
r
'Wae
Name --V d c }- c
Address !FC -1—D
Site impact/lighting/noise:
TONty OF LOS ALTOS'HILLS
Date
W-'– ' C-0-
Creeks,
cCreeks, drainage*
Existing Vegetation:
Significant issues/comments:
��,�z �-��� �--� I,•1 n �:.s�-ems
Attachment 13
Draft Extract from Pathway Committee Meeting Sept 28 2009
Regarding Eastbrook subdivision
Eastbrook Subdivision (Lands of Nicholson)
The PWC reviewed this subdivision on Nov 27, 2006, at which time the proposal. was for
a two -lot subdivision. The property lies between Dawson Drive and Interstate 280. Hale
Creek runs through it approximately North-South. A paved sewer easement runs
approximately East-West and approximately parallel to I-280 through the property from
Eastbrook Avenue to the east side of Hale Creek. The pavement resumes on the opposite
(West) side of Hale Creek and continues to 12131 Oak Park Court. A gate on Eastbrook
provides access to the paved sewer easement.
The decision of the PWC on Nov 27 2006 required the following:
1) A pathway easement over the existing sewer easement from Eastbrook Avenue to
the western boundary of the subdivision;
2) A paved path for pedestrians and non -motorized vehicles and a native path
adjacent to the paved path for horses, both within the existing sewer easement;
3) A bridge over Hale Creek suitable for pedestrians, horses, and bicycles;
4) A native path connecting Dawson Drive to the above paths. This native path is to
be located between Parcel A and Parcel B of the subdivision and to use the
existing pathway easement between 11639 and 11635 Dawson Drive.
The reason for the review was that the owner requested that the PWC review their
decision of Nov 27, 2006 to determine whether a) the pathway mentioned in (4) is
necessary and b) to obtain relief on the request (2) that the native path be separate from
the paved path over the full length of the path. The owners worried that a strict
interpretation of (2) could require building separate bridges over Hale Creek for the
native and the paved pathways. The owners representative instead proposed building a
single wooden bridge to serve both pathways.
The PWC pointed out that a pathway on the paved pathway could serve as part of a
bicycle route serving Foothill College. The PWC reiterated their desire to have a
connecting pat ay to Dawson Drive to provide an alternative outlet for safety, to permit
equestrians t optionally bypass the busy exit at Eastbrook and 280, and to provide
connecti s to the open space at Dawson, a primary goal of the PWC. The PWC
sugge ed?a less intrusive path that would run along the Southern boundary of the
pro erty from the driveway at Dawson Drive (it was noted that an easement already
.exists along the driveway) to the Southwest corner of the property, then North to the
sewer easement and further North to the Northwestern property boundary. The PWC
suggested that the path jog East on the sewer easement to permit a more gentle descent to
the Northwestern property boundary. The exact route would be chosen in conjunction
with the Town Engineering staff.
Anna Brunzell moved that the PWC modify requirements 2 and 4 of the Nov 27 2006
decision as follows. (Items 1 and 3 were left unchanged).
2) A paved path for pedestrians and non -motorized vehicles along the existing sewer
easement and an additional native path for horses, adjacent to the paved path
where possible.
4) A native path connecting Dawson Drive to the above paths.
The PWC further requested that when the approximate route of the pathway is
determined, the property owners return to the PWC with revised plans and stake the
approximate route of the proposed pathway for their review. The motion was seconded
by Bill Silver and passed unanimously.
P
Attachment 14
Cynthia Richardson
From: roger@spreen.com
Sent: Wednesday, November 25, 2009 3:43 PM
To: Cynthia Richardson
Cc: couperus@sbcglobal.net
Subject: RE: Nicholson Subdivision
Cynthia:
The requirement we want in that corner is that it not be fence -able, so that we can
guarantee an open, land-based (i.e. no grade separation/bridge) connection from the
creek's open space easement (the west side of Hale Creek) to the pathway easement (that
leads to the large open space easement area). As long as the sewer/utility-access
easement that ends there doesn't permit fencing, that should be fine.
(I don't see a road on the plan, so I assume you're talking about the "Sanitary Sewer
Easement" that runs along there? It looks like the pathway runs along that same strip - are
they coincident?)
Thanks!
Roger
-------- Original Message --------
Subject: RE: Nicholson Subdivision
From: "Cynthia Richardson"<crichardson@losaltoshills.ca.gov>
Date: Mon, November 23, 2009 12:58 pm
To: "Roger Spreen" <roger@spreen.com>
Hi Roger,
I looked at the Nicholson map a little closer and the area that you want us to include in the open
space is the existing driveway turn -around at the end of the sewer road. Is that still acceptable
to you for open space?
ovntK61 RLohnrdson
cm-SuLtl.nG -PLcivi.wCr
TOWVU of 1.0s Attos WLLS
Phone 050941-7222
From: Roger Spreen [mai Ito: roger@spreen.com]
Sent: Monday, November 16, 2009 9:38 AM
To: Cynthia Richardson
Subject: Re: Nicholson Subdivision
Hi, Cynthia:
We have our monthly committee meeting this Thursday, so I was hoping to hold off
comments until then. Will that be ok?
Also, are there any particular aspects you would most like comments or validation on
from us?
Thanks!
11/30/2009
Page 2 of 2
Cheers,
Roger
On Nov 12, 2009, at 12:15 PM, Cynthia Richardson wrote:
Hi Roger,
I am the Planner working on the above subdivision. Plans were sent to your committee on October 20,
2009 and I was hoping to receive your comments soon. Please let me know if you have any questions
or would like to discuss the project. Thank you.
cvvtk a RLrkcirdsm.
cowsul,ttwg PLawmr
Toww of Los ALtos HULs
Phome <60941-7222
11/30/2009
.Peninsula Tree Care
State ]License # 674160
Fax: 650-593-9369
Phone: 650-349-9367
October 30, 2009
Regards: Dawson Drive
Los Altos, C.A. 94024
To whom this may concern,
Attachment 15
I have reviewed the proposed plans of construction, along with a visit to the site
located on Dawon Drive, .Los Altos, California. This Oak tree is in fair condition,
and the following are bay suggestions. As long as guidelines are taken, the Oak
tree should not be in danger of being hurt. I feel that there should be installed a
protective barrier fencing at the drip -line of gree, as according to plans. I
recommend that there be an Arborist on site whein doing driveway, in case any
large roots are encountered. However, if there are any roots encountered they can
be addressed at that time.
WEMM ►
Sincerely,
William C. Kieinheinz, Jr
Certified Arborist
WE -7388A
,I 97s t-imiiLTON AVENUE
SUITE 28
SAN JOSE, CA 9511 25
Mr, Bob Dw-sti r
The Nicholson C"OMP,lny
100 Dell Avenue
C'an Abell, CA 95008
Attachment 16
;lct{rrsiiCtil (,'t�riltiftca��is° TEL 408.371-1195
FAX 408-3711M
t 96
www. packassocia tes. COM
Januar• 11" 2f)lt)
I'r6 t 0 =1 I -t) 3 �
Subject: Traffic Noise Assessment. Study for the Proposed "E,astbrook" Single -
l: ttrrily I:)e�-elopinettt, I)awstrrt Drive.. Mrs Altos Mills
l:)e ar lvIr. Dwyer:
This report presents the results of a noise sasses snte:nt study for the proposed ` FastbroOk"
single-family srlhtlivisitan alkalt�, I)tjwseari I)ri�ve In Las Altos hills. Is sltOMM On tlti
I'e li.ulti~'ie Parcel N-1 ap. Ref, (a). The exlerior noise CXlttasrtres at the site were; evaluated
ag.ainsl the standards of ffie City of Los Altos Hills Noise Elle:nrent, Ref, (h). This. study is
aii update; (if a noise; tassessrate:nt study prepared font previous dt veloprile at applic,11ion ill
2004, lief. (c), however. this al)PlicatiOt represents a subdivision of tyre property anly° and
does not include specific building plaits or lot layouts. The analysis of the: on -,iter sound
level l nae rzst reta7l,nts indictrtc s thtrt the exi t nt noire criv iro t1rrie tits at the prOpOsed sites
are clue pritn arily to vehicular trti is sources on Interstate 280, The results of the statdy
indicate that noise eXperserrC excesses occur and mitigation ITIe'asures will likely be
required upon deQloprtaent of"pre:cise building plaits"
Sections I and Il of this' report vtljItrain as stinrnaah;, of our findings and descriptions of
noise control naethodolrlgies, respectively. Subsequent sections contain the site, traffic
Wid prqjeet descriptions. analyses and evaluations, Attached hereto are Appendices A. 13
and C', Wiaich include tire: lisi of refel-ences, descriptions of the applicable standard:,
definitions of the terminology. descriptions of the tte:ncISkal iantrunle:ntatitara used for 'the
1":elcl survey. ventilation requireinents, g ncrad building shell controls. and the tan -site
jjoi.se n7rasttrcnrwnt ;lata and calculation tables.
MEMBER. ACOUSTICAL SOCIETY OF AMERICA
NATIONAL COUNM OF ACOUSTICAL. CONSUL—, ANTS
Stiniman, of Findinsts
The City' of- Los Altos Hills General Plan Noise Element LISCS the Community
Noise 1"cluivalent Level CCN l,`J,) descriptor and specifies an exterior noise eXpOSLIre limit
of 60 dB CNEL Im- residential hind use. Interior noise exposures at-(-,, limited to. 45 dB
C'Nl','I, in interior living spaces.
z
As the proposed development sites are on sloping hillsides, much of tile sites are
not usable flor exterior living areas, such as rear yards, skvinlining pools, patios, etc.
Theretbre. the analysis for the exterior areas is limited to the general building envelope
where there is potential for construction of homes and exterior liviril) areas. Figures 1, 2
aad 3 provide IlOiSe eXpOSUrC e0nIOUN, for The buildable areas of the sites at first floor
elevations. The noise contours represent feature traffic conditions Land do riot include the
aeoustic affects o-l'buildings or grading.
Parcel A,
The existing exterior noise exposures at the buildable area of
parcel A rarige from 64 to f'O dB CNI-1. Under future traffic
conditions, the noise exposures are expected to increase to 65 to .68
(IB CNI-L,, Thus, the noise eXPOSUMS Will btu Lip to 8 d13 in excess
of the City ref Los Altos Hills Noise Element standards.
Parccl B
The existing exterior noise exposures tit the buildable area of
Parcel B range from 64 to 67 dB CNEL, Under future traffic
conditions, the noise exposures are expected to increase to 65 R) 69
dB CNEL. Thus, the noise exposures will be up to 8 dB in excess
of the City of` Los Altos hills Noise E.'lement standards.
PROP"IED MOD*
AGMS & 11
U G{9ctiNNS i 7A .h(`12i S
-
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( �jF F)RE it1Dawl _P.U.E.
f `
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F
4 _ P�95 ti) i4.�i43 ` Eh idEifT.. %` DktWAY TO 14' `z
(DETAIL t ON —3)PROPOZED `
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_ 1_ .-, — ROtXGicAi AE1Y—iEh—- ^`—%�...,',..4✓_•. Z-d,.. ' — f SDT FUIU+ 8' PA'RIWAY C Ntf#OE-S
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FIGUR
,5 w
i II
Eur3.:re Traffic Noise. Exposure Cclrl2aur it7dp fc5r parcL! A •wrt
COn1'Ouf s are in df3 CNE i J 1
\' r"ref rt lREB 0QA �ANE' (4 Fi YJOh i �� jt
v •-,. y °ci' - _ - i _ •, vn�y EDWARD L PACK ASSOC., WC.
.� ' J`. /' p, `" , � § y �-,. ,`;`` •s•n..r� E .,rta3rttsra-tc
�I �'�, .� �^� t x� Ftatcuz,.•r ac y,c _'r> 1�:i c�z;z;�i tris
9.5125 Plx 1401;sj.§,t IFstr
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Future Traffic Noise Expos:.°Ee� Contour `i,�p for Parcel 3 tS ` T
y�,� �3 �%i! t 1
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FIGURE 3 Ve
Future Traffic Nwie Exposure Contour iu4ap for Parcel C
EDWARD L. PACK ASSOC, INC, s
Contours are in d8 CNE s .F 1 > t,�✓
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_3_
Parcel C"
The existing: exterior noise exposures at the buildable area or
Parcel C range frona ) to tib d13 C'NL.L UID&V Future. traf"f c
condition& the noise Cxpasures arc expected to increase to 641 to Cil
(113 C'NEL Thus. [lie noise exposures will be up to 7 dB in excess
of the City cif Los Altai Hills Noise Clement standards.
B. I nterioi° Noise Ex1murtes
Precise interior noise exposures cannot be determined without
precise building, locations. LIokyever, a 15 decibel reduction is
typically applied to the exterior noisc exposure at the building
setbttck to cale:uklfe the corresponding interior noise exposure.
Based on the exterior noise contours. the first floor interior noise
exposures in a home on Parcel A could range from 49 to 52 dB
C'NEL tinder existing. traffic conditions and From 50 to 53, dB
ONE, under future trafirc conditions. Illus. the noise exposures
could be LEP to S dl3 in exce=ss of'tlie City of [,os Altos I Tills Noise
Element standards,
The first floor- interior noise: exposures in a home on Parcel 13 could
range front 49 to 52 dB C'NEL tinder existing trafficconditions and
From 50 to ';3 dB CNE1, under future traffic conditions. '1 hUs. the
noise exposures could be tip to 8 d13 in excess of the City of Los
Altos 1.lills Noise I'lement standards.
The first floor interior noise exposures in. a laorne can Parcel C could
mntge from 49 to 51 dB CNI L, urader existina, tra(Fic conditions and
from 49 to 52 dB C'Nlol, under future; traffic conditions. Thus. the
noise. e=xposures Could be up to 7 dB in excess of the City Los
Altos Ililts Noise. F.'lenacatt standards.
..4_
The interior noise exposures in second I'loor (()I- higher) living
spaces are likely to be slightly Holler (1-4 decibels) than the first
t'1001- nOiSC CXPOSLINS. Ylo%vever, these noise exposures Cannot be
calculated vvdthota knowledge oi' the t1oor elevations. Interior
noise expos.ures could be tip to 57 dB CNEI.- which. is 12 dB in
excess ol'the City or Los Altos [;dill Noise .Element standard.
As shown above. exterior ;and interior jjoi,,ie exposure excesses wlill occur at the
sac and mitigation measures will be required. Genei-alized mitigation rneasurcg are
described in Section it, below..
111 N -litigation Measures and Noise Control Methodologics
A,. 'Exterior Noise Conti-oll
-f o achieve cornpliance with the 60 dB CNU.I.. exterior noise standard ol'the City
ol'Los Altos lulls l`4otic 1,71cment at the exterior living areas ol'the prqject. some type Of
noise control barriers will be required, Depending upon grading. setbacks. orientations
and locations of* the hones and exterior living areas.. noise barriers typical ly 6 ft. to 8 11t.
high would be nccessary. Active areas, such as a tennis court. are often not shielded from
noise. depending on the severity of the noise levels, Noise expOSLINS WOW 70 CIB CNF-11.,
would typically be acceptable for an active (noise generating) area of a site.
Noise barriers can be made of tiny solid. air -tight materi'01 that is acceptable fair
use outdoors and has a minimum surfince weight of'2.5 Iles. per sq. 11. Acoustical ferice-1,
Lire usually made ot'a laver cif plywood sandwiched between courses of redwood boards
so that the fence looks like a standard -good neighbor" Fence. The plywood joints are
UALlIked to maintain the air-4ight construction. Acoustical fences LIP to .10 ft. high are
1'easible. Barriers can also be made of earth berms or combinations of berms with shorter
ti aces or Nvalls oil top. Topography can also help to reduce noise exposed areas where
tile nose of a hillside shields an exterior living area.
-5 -
Noise barrier heights etre determined front the elevation of the noise source
(freeway, surface), the location of the barber and the location and elevation of the
receptor. For rear yards or patios, the receptor clevrati.on is typically 5 ft. abode the
ground (average car height). however, for swirnrttintg pools, people are usually sitting.
lying cfoNvIl or in the 11001 such that their cars are lute= to the ground. For people 5itti�t�;.
the average ear height is 3 ft.. thus. the necessary noise barrier may be to-wer.
Terracing a sloped site: can also aid in Sound reduction Where the shoulder of, the
slope (edge. of tile terrace) acts as a barrier if the receptor is far enough back so that the
view to the freeway is shielded. A high terrace with a small .fence at the cadge and a
landscape buffer to inhibit encroachment. on the terrace: edge can interrupt they line;-ol-
sight to the road. thereby-' providing noise reduction, particularly for persons sittimg. lying
down or in a sm!it11.1 ing pool.
Reducing the: noise: exposures at the proposed sites to levels that are in Complian.cc
with the standards or the City of Los ;Altos Hills i\oise ["lenient are feasible: utiliZin" alio
of the (above described techniques.
TO aChieVe an acoustieally-effiective barrier it must be constructed air -tight, i.e..
without cracks, gaps or other openings. and must provide for long-term durability.
Barriers can be constructed of masonry. wood, stucco, concrete, earth berm or a
combination thereof and must have a mminium surlace: weight of 2.5 lbs. per sq. It. It
wood construction is used. homogeneous sheet rn atLrials are pre kerable to conventional
,000 ienein�,�. as the hitter has a tendenyto warp and {grin openings with age. I lowever.
high quality air -tight tongue -and -groove, board and batten or shiphip construction can be
used. All connections with posts, pilasters and the building shell mast be sealed air -tight.
Gates may be incorporated into the barriers, however. they must be the same height its the
main barrier, must meet. the mininiurn sua lace weight requirement and roust fit tight when
closed. A grip under a gate: may be Tic, more than l" No openings are permitted between
the upper bat 1•ier components and the -,,.round-
M
B. Interior Noig.Q)_ntrnls
Precise interior noise controls cannot be determined without knowledge of. the
building heights Lind locations. Because every portion of'the buildable areas of the rites
are exposed to noise greater than 60 dB CNI71, the corresponding interior exposures will
be higher than 45 dB CNI.,',I,. Therefore., some level <),f noise control will be necessary.
HAterior to interior sound transrnission is usunfly mitigated through (lie use of a closed
window condition and ,t nifilitnum Sound Transmission Class (STC) rating specification
for the window -s and doors flor the noise impacted spaQes. The expected exterior noise
exposures at any elevation oFany home that could be constructed to any oFthe proposed
sites will be below 75 d13 CNE.L. Therefore. the IICCeSNary windoN,\,-- and door STC ratings
WOUld be lower than 35. STC ratings beloev 15 Lire coninion and Iairly simple to obiaill,
When windovs and glass doors tire inaintained closed flOr noise co ntrol—some type
of, I'llechallical ventilation to assure a habitable environment must be provided. The
mechanical ventilation requirements specified by the Uniform Buildin'l, Code (URC) are
de scribcd in Appendix B. The windows specified to be maintained closed -are to be
opi;rable. as the requirement does not imply a"flxed" condition.
The winclows and doers shall be installed in an acousticilily-effeetive manner. To
an ally v panels must
. acoustic, -effeefive ,vindow construction, the Sliding window
I'onn an air -light seal Ahen in the closed position and the ,kindow 1ranies, must be caulked
1w w,
to t all opening around their entire perimeter with as non-hardenin"I Caulking
Compound to prevent sound infiltration, Exterior doors.mLlSt scai air -tight around the full
perimeter when in the closed position.
. Please be aware that many dtHII-I)ane window and glass door assemblies have
inherent noise reduction problems in tile traffic noise frequency spectrum due t6
resonance that occurs within (lie air space between the window lites, and the noise
reduction capabilities vary from nianuftacturer to rmant,&ZICIUrer. Therefore. the acoustical
test report ol'all sound rated windows and glass doors should be revievved by a qualified
acoustician tel ensure that the chosen windows and doors will adequately reduce (raffic
noise to acct puible levels.
a d *
-7-
The window and door sound rating specifications must be determined when
t�
building plans become available.
Ill. Site, 'I't-affic and-Proiect Descriptions
The planned development site (APN 336-42-02]) is iocated along Dawson Drive
I
on the south side ot'l-280 in Los Altos Hills. Pareel A is near the bottom of the hillside
arcel 13 is also along; the service
along, the service roadN
extension of Eastbrook Avenue.
road and to the west oi'Nirccl A. Parcel B is closest to 1-280. Parcel C in near the top of
the hill along Daws"On Drive. The hillside slopes down to the north toward 1-280, Parcel
C is higher in elevation that Pareels A kind B and it slopes down toward the freeway.
� the -vc topography, of freeway are partially shielded by irate ming topography, thu,;, much of
the first floor elevations receive lower noise levels than corresponding second floor
elevations. '['he enfirf- Site is presently VUCaJIL. Surrounding land uses include single-
I'amily homes adjacent to the south and west. Single-family homes tarn aero -Ss 1-280 to the
north, Magdalena Avenue is to the cast.
The (111 -site noise environment is controlled pelmarily by vehicular trafflie sources
on 1-280. which carries an Average Daily Traffle (ADT,) volume of 11 8.000 vehieles, as
reported by CalTrans. Ref. (d).
'rhe proposed projject includes the subdivision cal' the site into three parcels.
Ingress and egress to Parcels A and 11 will be by way, of the existilio access road dint is an
extension of 1.:asibrook Avenue, Ingress and egress of Parcel C will be by way of a
private driveway off or Dawson Drive.
-8 -
IV. :1nalysis rof the Noise Levels
A. Existin,. Nois4 Levels
To determine the existing noise: environment at the site, contirtuous recordings of
the sound levels were made; on Septe.n-fiber 8-10. 2004 at two locations for the previous
application for the sits:. Additional noise level measurements were made on September
15-16. 2009 at one of the previous rrreasureme:nt locations and tit one ne"k- location.
L,oczalion 1 was on Parcel A, 175 ft. Born the centerline of 1-280. at tilt proper'ty line
lencing along the access road, directly north of the existing water tank. Location 2 was
on Parcel C (formerly Parcel i3) in front of the 31" oak tree, 400 ft. from the centerline Of
1-280. NNoise: level mensttrements were nude at Location 2 in 2004 and in 2009. Location
3 Naas oil Parcel 13, 210 11, From the centerline of 1-280. The sound levels were recorded
and processed using Larson -Davis Model 812 Precision Integrating Sound Level Meters.
The meters yield. by direct readout. a series oC descriptors or the sound levels
versus time. a: described in Appendix 13. and the results are shown in the data table in
Appendix C. `:Che measured descriptors include: the Li, lai(,, I=5r), and L)rti, i.e., those levels
exceeded for 1%. 10%, 5011K, and 90% of tlae time. :also niettsurtid were the maximum
and mininiurn levels and the C011611uous e;CjtriValCIlt-CnCrgy Ie Vtls which are used to
calculate [lie CNEL. The ineasurenients were made 'fiir a continuous 214-hOLIr I)CriOCI at
each location and included I'epresentative hours of the daytime, Cvening and nighttime
periods of' tile C'tii_ L index.
i 10
'rite raaeasuretnelats reveal that the 2004 l:,u's at.Location I (Parcel A) ranged front
64.8 to 67.5 dBA during the daytime, 63.0 to 65.1 dBA during the evenings and rrom 52.9
to 653 dBA at night.
The 2004 I..G,I's at Location 2 {now Parcel C) ranged front 58.0 to 63.22 dBA during
the daytime. from 5S. -O to 59:5 during the evening; and from 49.2 to 62.4 dBA at night.
The 2009 ranged from 59.1 to 63.7 dBA during the draytinw. from 57.4 to 60.5
11
during the evening quad rronn 45.0 to 62. .1 dBA at night.
The 2009 at Location 3 (nev'Marcel 13) ran�zd from 62.8 to 65.9 dBA during
the drayilmer. 59.2 to 02.7 dBA during the evening and froj.-n 49.1 to 01.5 dBA at night.
Vehicular traffic noise dissipates at the rate of > to 6 dB for arch doubling of
distance: from the source and contains a wide spectrum of Frequency Components (firoan
100 to 10.000 1Ir), which are associated with engine. tire, drivetrain, exhaust and other
sources. These Frequency components are centered primarily in the 500 and 100 liz
octaves lands. and were used :in determining the noise control naettsures recommended for
this prgject.
1t3. Futurc Noise Levels
Futur-e traffic volume; data tor 1-280 vvere not available from CulTrans. `I'liere:fore.
ren averrage annual traftk growth rate- was calculated frorn the change in traffic volume
from 1993 to 2008. The 1903 ADT volume for 1-280 was 97,000vehicles. Itet: (c). 'I'hz
2008 (existing) traffic volume was I18.0)00 vehicles ADT. Tlaus, the ravenage annual
growth rate. ".-as calculated to be 1.32r'rf, per year. Applying this growth rate to the future
20 years, the. 2028 traffic volume was calculated to be 153,386 vehicles AUF. This 30%
incrca!5e in traffic volume vields a 1 x113 increase in the troflic noise levels.
- to -
V. Evaluations of the Noise Exposures
A. Exteriol- Noise Exposures
TO evaluate tile can -:site noise exposures a-ainst the standards of the City, ol'Los
Altos Hills Noise Element, the CNEL.,'s for the survey- locations. were calculated by
decibel averaging of the Lal's as they apply to the daily time periods of the: CNEL index.
L, I
The CNL-*I, is at 24-hour noise descriptor that uses the mensured L,,q values to calculate a
24-hour tittle-weightedaverag,
� - e mise: exposure. Evening and nighttime penalties of dB
and 10 d14. 1-espectivejywere added to tI to account 0
he mensured noise levels u I' r the
increased human -sensiLiv-ity to noise during these hours. Adjustments were made to the
111casUred noise levels to account for various setback distances of receptor locations :from
the the
.t locations using methods established by the Highvvay Research Board.
Ref. (1). '['he formula use(! to calculate the CNEL is described in Appendix B.
The results of the. calcul-ations indicate that tile noise CXPOWre .,it 111CUSLUCIllent
Location I Warcel A), which %,as 175 ft, from the centerline of 1-280. is 68 dil CN1,11.
U11dCr existing traffic conditions and tit partially shielded first floor elevations. At
unshickled first floor elevations and at 175 It. from the centerline of 1-280, the noise
exposure is 71 dB CNIFIL. Thus, the noise exposures at the building site area will be up to
8 dB in execs of the City of Los Altos Hill,-, Noise r�,Iement standards.
At measurement Location 2 (11amel C), ti hiQh was 400 It, from the centerline of I-
280, the noise exposure was calculated to be 64 dI3 CNI-A. in 2004 all.d. in 2009.. Thus. the
noisy; environment at tile site since the noise study prepared in 2004 has remained
relatively ur . ichanged. At approximately 280 ft. from the centerline ofthe road and at the
'
first floor eltrvaflon, the noise exposure was calculatedto be 06 dB CNE l:. tinder future
traffic conditions. the noise exposure is expected to increase to 67 dB CNEL. Thus. the
noise exposures will be tip to 7 dB in excess of the standards of the City of.Los Altos
Hills Noise Element.
8
At measurement Location 3 (11<ircel B), which was;21011.4rom theceillerline ofl-
280. the noise eXPOSLIM Was calculated to be 66 (IB CNEL At approximately 190 ft.
From the centerline of the road, the noise exposure was calculated to be 67 dB CNI"L,
Under future traffic conditions. the noise exposure is expected to increase to 68 dB
CNF I... ThUS. the noise CXPOSUI-Cs will be tip to 8 M in excess of the standards cif the
Cite of Los Altos Hills Noise Element,
B. Interior Noise Exposures
calculate the interior anise ZI
exposures in project living spaces, a 15 dI3
reduction is applied to the exterior noise exposure at the building setback to represent the
attenuation provided by the building shell under annual-mlerctiqe conditions, T lie (mniml-
in,vi,zige condition assumes that windows have, sin I a that re
e� _dve-pane. single-strengt) ss I a
kept open 5011,14 ol'the time for natural ventilation.
With exterior noise exposures at first floor elevations up to 68 0 CNI.-J— the
corresponding interior noise exposures would be -up to 53 dB CNE -L. Second floor
exterior noise exposures could be up to 72 dB CNEL. '17hus. the corresponding second
floor interior noise exposures could be up to 571 dB CNEL The interior noise exposures
could be Lip to 12 dB in excess of the standards of the City of Los Altos Hills Noise
E'lement.
As shown by the above M111.1,1tiOnS. exterior and interior noise exposures excesses
will occur ,.Ind mitionti
c on rileasures will be required, Specific noise control design
recornmendations should be prepared by a qualified acoustician once detailed site plans
are developed. Generalized mitigation nlemire alternative are discussed in Section I] of
this report.
A
- 12 -
his report presents the results of a noise assessment StUdy for the planned "LAstbrook"
single-l',imily sut-Klivision along Dawson Drive in Los Altos Hills. '1'1)e study findings for
pre -sent conditions are based on field measurements and other data and are correct to the
best of out knomledge- Future noise level predictions and the recommendMians where
based oil inlzorniatiorl Provided by Cal]'rans. Significant changes in this future traffic
VOILIMCS, speed limits., motor vehicle technology, noise regulations, or other change,,
beyond our control may produce long rzinge noise results different from our estimates.
If"Voll have a1ay CILIC.9tiOnS or would like an elaboration on this report, please Call 1110.
Sincerely.
I.-'I)WARD L PACK ASSOC- INC.
lerfrey.K. Pack
President
Attachments: Appendices A. B, and C
APPENDIX
References:
(a) Tentative Parcel Tap, .Lands of' Nicholson. by Lea and Braze I:;ngineedng, Inc.
July 15, 2009
(b) Noise Ellement of the: Gie:neral .I'Iaai. City of Los Altos Hills, adopted NOVember S.
2007
(c) "Noise Assessment Study- Cor the Planned Single -I gamily Subdivision. Dawvson
Drive..'Los Alton, t ill ". by Edward I., Pack Associates. Inc;.. Project No. 30-048.
September 72, 2004
(d)vtlot.cLj.uov,`hc,trzti'fc�s.s�it resrltrrii*ditai'0OSall:`r`)80405i.hii13"'. State
of California Department ofTrans.portation, Division of Frafiic Operations
(cj f993 Irafiic �`ciEaaTies on cartro nia State tlighwwray. Stutz of C'talitiirniaa
Department o11'ransportatioil, I3ivision off raf is Operations. July 1994
( t} Highway Research Board. " 1m}ighway Nol;e-A 13esign Guide liar ll.ighway
F aigilice rs". Report 117, 1971
APPENDIX B
Noise Standards, Terminology. l.nstrunaentaation.
velitilaation Reguir ements and Building: Shell Controls,
1. olie Standards
:1a C:ity of Los Altos Hills Noise Element. St:arrdurds
The City of Los Altos Hills Noise l: leiaaent of the General 1'l,an, last updated on
i�civei�ab� r , 2007, specifies aLan exterior land use coa7ala<itibil'cty noise limit of60 dI3
t,'i?ia9ia unity Noise l qulvralent Level (CNEL) for situde-larnily residential and open space
uses, The Noise: t.1enAetat also specifies is limit ail' 4-5 d1l C'NEL of residential interior
spaces.
B-1
2. Ter mmol(
A. Statisticall _Noise Levels
Due to the fluctuatingcharacter of urban traffic noise. statistic411 procedures are
needed to provide an adequate description of the environment, A series of statistical
descriptors have been developed which represent the noise levels exceeded a given
pereentai e of* the time. These descriptors are obtained by direct readout of the sound
measuring instruments. Sone of the statistical levels used to describe community rioise
tyre defined as follo-,vs:
1.1 A noise level exceetd.ed for 1% of tile: time,
A noise level exceeded for 10% of the time.. considered to be an
"intrusive" level.
The noise level exceeded 50% of the time representing) FaII
"average" sound level.
The noise: level exceeded 90 % ol'the time. designated as a
"background" noise level.
"I`he continuous equivalent -energy level Is that level of'a steady
noise having the same sound energy as a given time varying noise:.
The f.,L,► represents the decibel level of the time -:averaged value of.
sound energy or sound pressure squared and is the descriptor used
to calculate; the i)i�;L, rine{ (:'tNI .L.
B-?
13. Community. Noise Eouivallent Level (CNEL
The CNEL is a measure of'the CL11"nUlative noise exposure over a24 hour period.
The CNE"L index divides the 24 hour day into three subperiods, i.e., the daytime (7:00 am
io 7:00 pm). the evening period (7:00 pni to 10.00 pm), and the nighttime period 00:00
pni to 7.00 arn). Also., %veighting factors of 5 and 10 dBA are applied to the evening and
riighttime periods. respectively, to aCCOURt for the greater sensitivity of people to noise
during those periods. The.CNEL values are calculated from the -nicasured Lq Values in
accordance with the f'ollowing mathernatical formula:
CNI"ll., : 10,1 10 logznil 2) & (L,+5-+ 10 logjtj3) & (L,+10110 logijO)l - 10 logjt)24
where:
L(I 1,, fi)r the daytime (7:00a.m. to 7:00 p.m.,)
I., = L,q for the evening (7:00 p.m. to 10:00 p,111.)
L, M 1,,q for the nighttime (10:00 p.m. to 7:00 a.m.)
24 indicates the 224 hour period
& denotes decibel addition
C A -Weighted Sou-nd Level
The decibel measure of the sound level utilizinu, the "A" weighted network of
v
sound level meter is referred to as "MA". The "A" wek"lliting is the accepted standard
weialiting system used when noise is measured and recorded for the purpose of'
determining total noise levels and conducting statistical analyses of the environment so
That the output correlates well with the response ofthe human car.
B-3
3. 1 "S fnj ni ell tation
Y
The ora-siie field measurement data were acquired by the use of one or the
i list rLirrients Specified below, which provides at direct read(nit, of the 1. exceedance
statistical levels including the equivalent -energy level (1-.,q). hiptit to the instrLinient was
provided by a microphone extended to it height ors ft, above the "round on using a tripod
or .mast. The "A" '�vcigjiting neiw(yrk and the "Fast' response settinge or the instrument,,;
were used in conform ance with the applicable standards. The instruments conforin to
American National Standards Institute (ANSI) standard S t.4 for Type I itistrun'ients, and
ttll inStrUlnemation Nvas acotistically calibrated before and after field tests to assure
11ccUracv,
Instruments used R)r field surveys:
Larson -Davis Model 812 Integrating Sound Level Meter
Larson -Davis 2900 Real Time Analyzer
Ili -tie] &Y KJaer I.Model 2211 Precision So nd Lc),vel Meter
4. Ventilation ReQuiretrients
V(�niilation requirements to be applied when windows are maintained closed for
noise control are specified in the Uniform Building- Code (UBC), 200, edition, Section
12.033 as: 1101lows'
"In lieu of required exterior openings:fear natural ventilation.. a
mechanical ventilating system may be provided. Such system shall
be capable of providing two air changes per b -our in iguest rooms,
dormitories, habitable rooms. and in public corridors with a
FflinillIL111.1 of 15 cubic feet per minute (71.11s) of outside air per
occupant during such orae as the building is OCCUPiCd."
4-1
Based on our previous experience, a "surnmer switch" on the furnacc I'an is
normally considered acceptable as a ventilation system by FHA and other agencies. Air-
conditioning is alsc
) an Acceptable syst(*m.
B-4
b A
Btfildil)L, Shell Conti-Ols
Hie following additional precautionary measures are required to assure the
orcatest potential for -exterior-to-interior noise attemiation by the recorninended mitiggation
nle�lsurcs. These measures [11,)PIV at those UrlitS Where CIOSOLI �windows are required:
Unshielded entry doors having a direct or side orientation toward
(lie primary noise source MUSt be 1-5/8" or 1-3/4" thick, insulated
rnetal or solid -core wood. construction with effective weather seals
sl' -could not be Used in these
around the full perime tet. ;�\)Jail slots sl
doors or in the wall of"a liviv,
space, ,,,Is a signil'
icant noise leakage
can occur through them.
It' tiny penetrations, in the building shell are required ror vents,
pipingC, conduit,nduit, etc- sound leakage around these penetrations, can
be controlled by sealing all cracks and clearance spaces with a non -
hardening caulking compound.
Fireplaces should be provided with tight -fitting dampers.
B-5
APPENDIX C
On-Sitc.Noise Measurement Dalai.inclCalculation Tables
CNEL CALCULA,riONS
CLIENT
NIC HOLSON COMRANY
FILE'
41-(W
PROJECT:
NICHOLSON PROPERTY
DATE
9/15-1612009
SOURCE
1-280
LOCATION 2 Parcel C fform, Parcel B)
Dist To Source 400 ft.
TIME Lea
Parcel B
210 it.
10"Lecl/10
7:00 AM
63.7
2344228.8
288403'1,5
8:00 AM
63A
2167761,6
9:00 AM
9-00 AM
62.3
1698243.7
10:00 Atkll
612
10,00 AM
601
10223293,0
628
1905460.7
11 00 AM
599
812830.5
1995262.3
12:00 PM
602
16471285
2:00 Pto
1'00 PfA
59x9
977237.2
3-00 FIM
65.4
2= PM
611
1288249.6
65.9
3890451.4
:300 PM
61.8
15135612
22387211
4.00 PM
63,0
1995262.3
SUM= 320643935
7.,.00 PM
5W PM
62.2
1659586-9
810-0 PLA
60.6
6100 pf-14
615
1778279:4
SUM=
18325-6622-8
7,00 PhAl
60-5
1122018.5
Ld=
61'8
8:r_,0 PM
513:5
707945.8
12'00 AM
9 00 PFIA
87.4
549540.9
SUM=
237950-6.1
10 00 PM
56-8
478630.1
Ld=
59,0
11-00 Pte`
54A
275422.9
851138-.0
12 00 AM
52.4
173780.1
5 00 AM
1:00 AM
490
79432.8
6'00 AM
611.5
2:00 AM
48,0
63085.7
100 AM
49,0
79432.8
751
4 00 AM
5111
147910.8
5:00 AM
580
630957.3
CNEL=-
6:00 Ar,.4
621
16218101
SUM=
3550472 7
Ld=
56.0
Da}qinqe Level=
72.6
Evening Level=
68.8
Nighttime Level=
75.5
CNEL--
64
24-HOUr Lew
60-0
LocAT[6fq3
Dist. To Source
TIME
Parcel B
210 it.
10"Lecl/10
7;00 AM
64-6
288403'1,5
8-00 AM
65.4
346736&5
9:00 AM
64.6
2884031.5
10:00 Atkll
612
20892961
11'.00 AM
628
1905460.7
12,00 RA
63..11
1995262.3
100 PM
631
2041737.0
2:00 Pto
64,2
25,30268.0
3-00 FIM
65.4
3467368,5
4-00 PM
65.9
3890451.4
5.00 PIA
63.5
22387211
6:00 PM
64,1
2570395.8
SUM= 320643935
7.,.00 PM
62.7
1862G87,1
Ld= 64 3
810-0 PLA
60.6
1148153,6
9:00 PIA
59-2
831763.8
SUM= 3842004.5
%00 PM
58,.4
691831.0
Ld-, 61,1
-11-06PNI
66 5
4.46683.6
12'00 AM
53-6
22908118,
1.00 AM
50.6
114.315 4
2-00 AM
49.6
91201.1
3i430 AM
59 3
851138-.0
4-00 AM
50.7
°11'7489.8
5 00 AM
575
562341.3
6'00 AM
611.5
1412537.5
SUM= 4517124.4
Ld= 57,0
Dayli.me Level=
751
Evening Level=
70-9
Nighttime Level=
76,5
CNEL=-
66
24 -Hour Leq=
62,3
CNEL CALCULATIONS
CLIENT S&P ENTERPRISES
FILE. 36-048
PROJECT- NICHOLSON PROPERTY
DATE: 918.1012-004
SOURCE 1-280
LOCATION I Parcel A
Dist To Source 175 ft.
TIME I -eq
Parcel 8 (Now, Parcel C)
400 ft,
1011-eq/10
7,00 A1110
I7:00 AM
67.3
53703180
E 00 AM
664.
8'00 AM
67,5
5623413.3
61..E
1380384.3
9-00 AM
66.3
4255795.2
912010..8
10:00 AM
64,9
30902954
12 ZO PM
11.00 AM
64.8
30199517
1100 pfill
59:1
12:00 PM
65,1
3235936,6
595
891250,9
voo plo
65A
3467368.5
1258525.4
2:00 PlV1
65,8
3801894.0
51,00 PM
3:00 PI -A
66,9
4897788,2
6-00 PM
60-0
4:00 PM
667
4677351.4
5 9:a
891250.9
5 00 Phi
64.9
3090-795,4
560693A
6:00 PM
65.0
3162277.7
S 0 he,
477021685.3
7:00 prVI
651
3225936,6
Lod
66.0
8:00 PU
63,4
2187761.6
51,9
1548817
9:00 PM
63.0
1995262.3
SUM=
7418960.6
10:00 PM,
615
1412537,5
1-.d=
63,9
11:00 PIVI
59,3
8511380
4:00 AM
55.4
12: 00 AM
56.5
4466816
58.3
676083,0
1:00 AM
54,4
2754229
17378008
SUM= 3970225.0
2.00 AM
53,2
208929.6,
Ld= 56,4
3:00 AM
52.9
194984.5
Evening Level=
4:00 AM
55,6
3613078.1
Nighttime Level=
75.9
5:00 AM
608
1202264,4
64
6:00 AM
65,3
3388441.6
S U kl
8343480.2
Ld=
59.7
Daytime Level=
76 8
Evening Level=
717
Nighttime Level=
79.2
CNEL=
68
--2.41:11.2we.
Lam=
6,412
LOCATION 2
Dist.. To Source
TIME
Parcel 8 (Now, Parcel C)
400 ft,
1011-eq/10
7,00 A1110
63,2
200nal
E 00 AM
664.
1737800.8
9:00 AM
61..E
1380384.3
10:00 AM
59.6
912010..8
11.00 AM
58.5
7079458
12 ZO PM
58,0
6309573
1100 pfill
59:1
812830.5
2-.00 PM
595
891250,9
100 PM
61,0
1258525.4
4-.00 PM,
60.5
1122018 5
51,00 PM
607
1174897.6
6-00 PM
60-0
1000000 0
SUM= 13718318.1
7,00 KA
5 9:a
891250.9
Ld= 60.6
8,00 pro
58.2
560693A
9100 PM
580
630957.3
SfJtA= 2182901,7
10:00pM
56.9
439778.8
Ld= 58.6
11.00 PIM;
54,5
2818383
12:00 AM
51,9
1548817
I �00 AM
50.6
1148154
2:00 AM
49,2
83176.4
3:00 AM
49.3
851138
4:00 AM
55.4
346736.9
5'00 AM
58.3
676083,0
6: 00 A fAl
62.4
17378008
SUM= 3970225.0
Ld= 56,4
Daytime Level=
714
Evening Level=
68.4
Nighttime Level=
75.9
CNEL=
64
24-1 our Leg=
592
i.
Local Candidates/Primarily Formed Committees Q&A
November 4, 2008 Election
1. When does a non -incumbent candidate who does not intend to raise or
spend $1, 000 or more file the Candidate Campaign Statement Short Form (Form
470)?
A: For candidates who raise or spend funds during the first half of the year in
connection with a November election, the Form 470 covering 2008 must be filed
by July 31, 2008. If no funds are raised or spent during the first half of the year,
the Form 470 may be filed with the candidate's declaration of candidacy, but
must be filed no later than the deadline for the first pre-election statement
(October 6 for the November 4 election).
2. A local officeholder filed Form 470 on July 31 for the first six months of
2008. In September, she decides to run for reelection in the November election
and opens a campaign committee. Must she file the Form 470 Supplement?
A: Yes, because the officeholder intends to raise or spend $1,000 or more in
connection with the election, the Form 470 Supplement must be filed.
3. Must a candidate file a late independent expenditure report for payments
made by the candidate's controlled committee on his/her behalf during the 16
days prior to the election?
A: No. An "independent expenditure" is a payment made by a third party to
support or oppose a candidate — and which is not made in coordination or
consultation with the candidate. Therefore, payments made from the candidate's
own controlled committee would not be considered "independent expenditures" if
they were made on his or her behalf, even if they were made in opposition to the
candidate's opponent. In addition, Gov. Code section 85501 prohibits a
candidate's controlled committee from making independent expenditures to
support or oppose other candidates.
4. Must a committee file a Supplemental Independent Expenditure Report
(Form 465) if an independent expenditure supports or opposes multiple ballot
measures?
A: Yes, but only if $1,000 or more was expended to support or oppose each
ballot measure in the independent expenditure. A separate Form 465 must be
filed for each measure supported or opposed.
FPPC Toll -Free Helpline: 1 -866 -ASK FPPC
10107
Attachment 17
Lands of Nicholson Pathway Project
APN 336-42-021
Town of Los Altos Hills
Biological Report
Proposed bridge loation over Hale, Creek
Biotic Resources Group
Biotic Assessments Resource Management ♦ Permitting
_Biotic Resources Group
Biotic Assessments ♦ Resource Management ♦ Permitting
Lands of Nicholson Pathway Project
APN 336-42-021
Town of Los Altos Hills
Biological Report
Prepared for
The Nicholson Company
1680 -Dell Avenue
Campbell; CA 95008
Attn: Bob Dwyer
Prepared by
Biotic Resources Group
Kathleen Lyons, Plant Ecologist
With
Dana Bland .& Associates
Dana Bland, Wildlife Biologist
January 5, 1010
2551 S. Rodeo Gulch Road #12 ♦ Soquel, California 95073 (831) 476-4803 ♦ brg@cruzio.com
NICHOLSON PROPERTY PATHWAY PROJECT
TOWN OF LOS ALTOS HILLS, CALIFORNIA
BIOLOGICAL REPORT
INTRODUCTION
The Nicholson Property Pathway Project is located within the Town of Los Altos Hills, California. The site
is located west of Interstate 280, northwest of Magdalena Avenue (Figure 1). The project is the construction
of a multi -use recreational pathway within a 25 -foot wide pathway and utility easement (Tentative Parcel
Map, Lea & Braze Engineering, Inc., 11-10-09). The majority of the pathway is proposed within or adjacent
to existing roadways. The pathway will utilize areas within or adjacent to a paved extension of Eastbrooke
Avenue and a dirt farm road that parallels the Highway 280 Caltrans right-of-way. The pathway project also
includes a bridge over Hale Creek.
A reconnaissance -level assessment of the biotic resources of the proposed pathway project area was
conducted in December 2009. Specific tasks conducted for this study include:
♦ Characterize the major plant communities within the pathway work area;
♦ Identify potential sensitive biotic resources, including plant and wildlife species of concern within the
proposed pathway work area,
♦ Evaluate the potential effects of the proposed pathway work on sensitive biotic resources and
recommend measures to avoid or reduce such impacts.
Nicholson Property Pathway Project I January 5, 1010
Biological Report
Ts -
1 ,e,
0" W 122°0700 t. 122-06-00' W WGS84 1
tlWlt
�000wy C-- '_0OMItIBS
Punted from TOPOt 02001 NetvW 0eoMphr Hokbra (www tom mm)
Figure 1. Project Location, USGS Cupertino Quadrangle
Nicholson Property Pathway Project
Biological Report
2
January 5, 2010
Z
EXISTING BIOTIC RESOURCES
METHODOLOGY
The biotic resources of the Nicholson Property Pathway project site were assessed through reconnaissance -
level field observations on December 23, 2009. The proposed pathway route was walked. The plant
communities along the pathway route were identified during the field reconnaissance visit. To assess the
potential occurrence of special status biotic resources, two electronic databases were accessed to determine
recorded occurrences of sensitive plant communities and sensitive species. Information was obtained from
the California Native Plant Society's (CNPS) Electronic Inventory (2009) and California Department of Fish
& Game's (CDFG) RareFind database (CDFG, 2009) for the U.S.G.S. Cupertino quadrangle and
surrounding quadrangles.
This report summarizes the findings of the reconnaissance -level biotic assessment. The potential impacts of
the proposed pathway on sensitive resources are discussed below. Measures to reduce significant impacts to
a level of insignificance are recommended, as applicable.
EXISTING BIOTIC RESOURCES
Three plant community types were observed within the pathway easement area: willow riparian woodland,
oak woodland, and ruderal (weedy) vegetation.
Willow Riparian Woodland
The riparian woodland is limited to the Hale Creek corridor. The creek bisects the property before
entering a culvert within the Caltrans right-of-way and travelling northward under Highway 280. Hale
Creek, a tributary to Permanente Creek, has intermittent flow within the Nicholson property. The channel
had no surface flow during the December 2009 site visit. The vegetation along the creek is dominated by
willows (Salix spp.), however; little riparian vegetation is present at the proposed bridge site (Figure 2).
The vegetation at the proposed bridge site is limited to a patch of spreading rush (Juncus patens) and
non-native poison hemlock (Conium maculatum). A young willow sapling grows upstream of the
proposed crossing site; a patch of cattails (Typha sp.) grows near the inlet to the Caltrans culvert (Figure
3). Shrubs of coyote brush (Baccharis pilularis) grow downstream of the bridge site and on the
northwestern slope, intermixing with non-native teasel (Dipsacus sativus), poison hemlock, and yellow
star thistle (Centaurea solstitialis).
No surface water was observed within the creek during the December field survey. The Ordinary High
Water (OHW) line is approximately 2 inches above the thalweg (i.e., lowest point of channel), based on
field observations of shelving and vegetation patterns. The channel width averages 1.5 feet.
Although riparian habitat is generally one of the highest value habitats for wildlife, this portion of the
riparian area along Hale Creek is of lower value to wildlife because of its relatively narrow width,
discontinuous cover, and the close proximity of Highway 280. Common wildlife species that may utilize
the riparian habitat within the project vicinity are those that can tolerate the nearby disturbances, such as
Pacific treefrog (Hyla regilla), Anna's hummingbird (Calypte anna), black phoebe (Sayornis nigricans),
Nicholson Property Pathway Project 3 January 5, 2010
Biological Report
A 1 •
western scrub jay (Aphelocoma californica), chestnut -backed chickadee (Poecile rufescens), and raccoon
(Procyon lotor).
iF '
`•Sly- "]J�_ it >1�► �'.'
1
Figure 2. Project area, showing proposed bridge over Hale Creek and extent of oak woodland.
Figure 3. Hale Creek, at proposed bridge crossing.
Nicholson Property Pathway Project 4 January 5, 2010
Biological Report
Oak Woodland
A portion of the pathway will be within oak woodland. As depicted in Figure 2, the oak woodland parallels
Highway 280 and non-native landscaping within the Caltrans right -of way. The woodland supports mature
trees of coast live oak (Quercus agrifolia), valley oak (Quercus lobata), California buckeye (Aesculus
californica), California bay (Umbellularia californica). and blue elderberry (Sambucus mexicana). The
understory is dense with shrubs and herbs, including poison oak (Toxicodendron diversilobum), California
rose (Rosa californica), toyon (Heteromeles arbutifolia), coyote brush, miners lettuce (Montia sp.), and
chickweed (Stellaria media). Invasive, non-native plant species are also present, such as poison hemlock,
milk thistle (Silybum marianum), and Italian thistle (Carduus pycnocephalus). Figure 4 displays the
condition of the oak woodland as well as non-native Eucalyptus trees within the Caltrans right-of-way.
The wildlife value of oak woodland varies with the degree of canopy cover and the density and diversity
of understory plants. Acorns from oaks provide an important food resource for many wildlife species,
and natural cavities in the oaks provide nesting opportunities for some birds and mammals. Snags are an
important component of oak woodlands to some wildlife such as woodpeckers, which excavate nests in
snags and holes for storing acorns. Downed decaying logs and limbs add to the structural complexity of
the habitat, and are important cover, nesting, roosting, and foraging substrate for species such as newts
which are attracted to the moist microclimate and invertebrate food supply. The denser oak woodlands
also provide escape cover during the day for species such as deer. Common wildlife species that may
utilize the oak woodlands at the project site include California slender salamander (Batrachoseps
attenuatus), western fence lizard (Sceloporus occidentalis), western scrub jay (Aphelocoma californica),
California quail (Callipepla calfornica), red-tailed hawk (Buteo jamaicensis), California myotis (Myotis
californicus), western gray squirrel (Sciurus griseus), and black -tailed deer (Odocoileus hemionus).
Eucalyptus Oak Woodland
,, �. �, ';
trees within s ' h
Caltrans ROW E
Proposed
Pathway on
Dirt Road
Figure 4. Habitat conditions within oak woodland near Highway 280.
Nicholson Property Pathway Project 5 January 5, 2010
Biological Report
I io
Ruderal
Open areas and areas adjacent to roadways are dominated by ruderal (weedy, non-native) plant species.
Plants typical of previously disturbed conditions are prevalent. Dominant species observed during the
December site visit include wild oat (Avena fatua), wild mustard (Brassica rapa), yellow star thistle,
bristly ox -tongue (Picris echioides), milk thistle, dandelion (Taraxacum officinale) and patches of coyote
brush.
The seeds of the ruderal plants may provide additional forage for some wildlife species, such as
California towhee (Pipilo crissalis) and house finch (Carpodacus mexicanus). The predominance of
non-native plants makes this habitat of low value to native wildlife.
SENSITIVE BIOTIC RESOURCES
Sensitive Habitats
Sensitive habitats are defined by local, State, or Federal agencies as those habitats that support special status
species, provide important habitat values for wildlife, represent areas of unusual or regionally restricted
habitat types, and/or provide high biological diversity.
Riparian habitat along Hale Creek is considered sensitive due to its importance to wildlife and is recognized
as such by state/federal resource agencies and the Town of Los Altos Hills. Activities within the creek
channel (within OHW), including in -stream wetlands, are regulated by the Army Corps of Engineers under
Section 404 of the Clean Water Act. The CDFG also regulates activities along watercourses under Fish and
Game Code 1602. Alterations to the bed and bank of a watercourse, including removal of riparian
vegetation or work over a channel (i.e., spanning bridge), require consultation with CDFG and issuance of a
Streambed Alteration Agreement (SAA) prior to construction. The proposed pathway project includes a
free -span bridge over Hale Creek. An existing open area along the creek will be used for the crossing and
although no riparian vegetation will be impacted, the work is expected to require a SAA from CDFG. No
work will occur within the OHW of the creek, and thus no 404 permit would be required.
Oak woodlands are also sensitive habitat. This community is designated as a high priority for preservation
by CDFG and the state has developed policies to minimize impacts to oak woodland resources, including
requirements for tree replacement. The proposed project includes a pathway that will traverse oak
woodland. The pathway will utilize an existing dirt farm road and no tree removal is expected, although
tree limbs may be trimmed to provide trail clearances.
Special Status Plant Species
Plant species of concern include those listed by either the Federal or State resource agencies as well as those
identified as rare by CNPS. Based on a search of the CNPS and CNDDB inventories for the Cupertino and
surrounding quadrangles and visual observations of the project site, the potential for plant species of
concern is considered low. This evaluation is based on the lack of suitable habitat for sensitive plant species
(e.g., lack of serpentine grassland, coastal prairie, chaparral, and vernal pools). No special status species
were observed within the project area during the December survey; however this survey was conducted
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during the non -blooming period of most plant species. However, no special status plant species are
expected to occur on the site based on an evaluation of the sites habitat features.
Special Status Wildlife Species
Special status wildlife species include those listed by either the Federal or State resource agencies as well as
those identified as Federal and/or State species of special concern. In addition, all raptor nests are protected
by Fish and Game Code, and all migratory bird nests are protected by the Federal Migratory Bird Treaty
Act.
A few special status wildlife species are listed in the CNDDB within the general project vicinity but are not
expected to occur at the Hale Creek trail and bridge crossing site as explained below. The California tiger
salamander (Amhystoma californiense) requires grasslands with burrows and ponds for breeding; neither of
these habitat types are present within or nearby the project site. The California red -legged frog (Rana
aurora draytonii) requires ponded or slow moving water for breeding and emergent or overhanging
vegetation for cover; neither of these habitats types are present within or near the project site. The closest
California red -legged frog occurrence listed in the CNDDB is along Permanente Creek, approximately 3
miles from this site (CDFG 2009). The project site lacks suitable breeding habitat for this species due to the
ephemeral nature of this portion of the creek and limited cover vegetation; the species is not expected to
occur at the pathway project site. The western burrowing owl (Athene cunicularia hypugea) requires
extensive grasslands for foraging and burrows for cover and nesting; this habitat type does not occur within
the project area. The pallid bat (Antrozous pallidus) roosts in large crevices in rocks and trees and is very
sensitive to disturbance; there is no suitable roosting habitat for this bat on the project site.
The Cooper's hawk (Accipiter cooperii) is a State species of special concern. Cooper's hawks prefer
forested habitats in mountainous regions, but also use riparian woodlands. Cooper's hawks build stick nests
in the tree canopy. The local breeding season probably spans March/April through July (Suddjian 1990).
Cooper's hawks are uncommon migrants and winter visitors. Migrant and wintering individuals occur in a
variety of habitats, including oak woodland, conifer and mixed broadleaf forests, grasslands, residential
areas and riparian woodland. Habitat destruction and falconry practices have been attributed to this species'
decline in California (Remsen 1978). The oak woodland at the project site provides marginal but potentially
suitable nesting habitat for Cooper's hawk.
San Francisco dusky -footed woodrat (Neotoma fuscipes annectens) is a State species of special concern. .
These small mammals build large stick nests at the bases of trees and shrubs. They prefer forested habitat
with a moderate canopy and brushy understory, and are often found on the upper banks of riparian forests.
This woodrat feeds on a variety of woody plants, fungi, flowers and seeds (Jameson and Peeters 1988). The
oak woodland at the project site provides suitable habitat for woodrats; however, no woodrat nests were
observed within or adjacent to the project work area.
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IMPACT AND MITIGATION DISCUSSION
IMPACT CRITERIA
The thresholds of significance presented in Appendix G of the CEQA "Guidelines were used to evaluate
project impacts and to determine if implementation of the proposed project would pose significant impacts
to biological resources. For this analysis, significant impacts are those that substantially affect, either
directly or through habitat modifications:
• A species identified as a candidate, sensitive, or special status species in local or regional plans,
policies, or regulations, or by CDFG or USFWS;
• Federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal marsh, etc.) through direct removal, filling, hydrological
interruption, or other means;
• Interfere substantially with the movement of any native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife corridors, or impede the use of native wildlife
nursery sites;
• Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance;
• Conflict with the provisions of an adopted Habitat Conservation plan, Natural Community Conservation
plan, or other approved local, regional, or state habitat conservation plan.
POTENTIAL IMPACTS AND RECOMMENDED MITIGATION MEASURES
The proposed pathway project was evaluated as to potential impacts to biological resources. As depicted on
the Tentative Map, the pathway will be placed on or adjacent to existing roads. The majority of the pathway
will occur within or adjacent to common ruderal (weedy) vegetation. Impacts to ruderal vegetation are not
considered significant as it is a vegetation community/habitat that is not protected, is generally common, and
does not support special status species.
Within the oak woodland, the pathway will utilize an existing dirt road; no trees will be removed, however,
some tree limbs may be limbed to meet trail clearance requirements. Birds may nest in trees within the oak
woodland portion of the site. No direct impact to nesting birds is expected because no trees will be removed
for this project, however; construction noise and dust may affect nesting birds if they are present.
A pathway -bridge will be placed over Hale Creek; all bridge construction (including construction access)
will be outside of the creek channel. No riparian vegetation will be removed or otherwise affected (i.e.,
trimmed or trampled). Bridge supports will be placed on the top of bank. Bridge construction activities
may result in indirect impacts to the creek, including downstream resources if construction materials or
equipment inadvertently enter the creek or erosion and sediment enter the stream channel during or after
construction. Such indirect impacts could result in significant impacts to biological resources.
The following measures are recommended to avoid or minimize impacts to biological resources to a less
than significant level:
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Measure 1: Prior to construction, the applicant shall secure all necessary permits from regulatory
agencies. This is expected to be a 1602 Streambed Alteration Agreement from CDFG. The project shall
be implemented when the creek is dry and shall incorporate erosion control measures to avoid/minimize
erosion or sediments from entering downstream aquatic resources during and after construction (i.e., use
of silt fencing and/or other approved erosion control features).
Measure 2. To avoid impacts to trees that are located adjacent to pathway construction the applicant
shall implement tree protection measures as depicted on Sheet C-3 the Tentative Parcel Map. These
measures include fencing erected along the dripline of retained trees (or tree groupings). Where fencing
of the dripline is not feasible (such as along the existing dirt road), protection fencing shall be placed as
far outward from the tree trunk as possible. All construction activities, including storage of construction
materials and deposition of trash shall be prohibited from the fenced areas. The integrity of the fencing
should be checked periodically and repaired if damage is noted. Where excavation is to occur within the
dripline of existing trees, the applicant shall hand cut all tree roots greater than 3 inches in diameter.
Limb removal shall follow Tree Pruning BMP's as adopted by the International Society of Arboriculture
(ISA).
Measure 3. To avoid indirect impacts to nesting birds, bridge construction and pathway construction
within the oak woodland shall be scheduled between September 1 and March 1 of any given year. If this
schedule is not practical and construction activities must occur during the bird nesting season, a qualified
biologist shall conduct a focused survey for nesting birds no more than 15 days prior to construction. If
any active bird nests are observed in the work area, the biologist will establish a buffer zone around the
nest, wherein work within the buffer zone is postponed until the biologist has determined that all chicks
have fledged.
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January 5, 2010
M 11 4
LITERATURE CITED AND REFERENCES
California, State of, Department of Fish & Game. 2009. Natural Diversity Data Base, Natural
Communities. 2009 RareFind program.
Hayes, M. P. and M. R Jennings. 1988. Habitat correlates of distribution of the California
red -legged frog (Rana aurora draytoni) and the foothill yellow -legged frog (Rana boylii):
Implications for management. In Management of amphibians, reptiles, and small mammals in North
America (R. C. Szaro, K. E. Severson, and D. R. Patton, tech. coord.). USDA, Forest Serv., Rocky
Mountain Forest and Range Experiment Sta. Gen. Tech. Rpt. RM -166.
Hickman, J. 1993. The Jepson Manual Higher Plants of California. Berkeley: University of California
Press.
Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. CDFG
Unpublished report, October 1986.
Jameson, E. W. and H. J. Peeters. 1988. California mammals. Univ. of California Press, Berkeley.
Remsen, J. V., Jr. 1978. Bird species of special concern in California. Calif. Dept. Fish and Game Report
No. 78-1.
Suddjian, D. L. 1990. Santa Cruz County breeding bird atlas project: Atlasser's assistant. Santa Cruz Bird
Club, Santa Cruz, CA.
Nicholson Property Pathway Project 10 January 5, 2010
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11623 Rebecca Lane
Los Altos Hills, Ca. 94024
Feb 10, 2010
Attachment 18
RECEIVED
To: Los Altos Hills Subdivision Committee FEB 12 2010
Reference: Lands of Nicholson, Los Altos Hills TOWN OF LOS ALTOS HILLS
Dear Committee Members,
We are very concerned about the impact that development of the Lands of
Nicholson will have on our property and on our privacy. We ask that members of
the Subdivision Committee give consideration to our comments.
Our property, purchased in 1979, shares a common East to West border on the
South side of the Nicholson property. That property was under the Williamson
Act as we worked through the planning process to build our home. We were told
by Los Altos Hills town officials that it would not be developed for various reasons
even when no longer held under the Williamson Act.
Town officials who voiced these comments to us included:
1. Robert Crowe, City Manager
2. Joseph Dochnahl, Planning Commissioner
3. Mr. Carlsen, (?) Town Engineer
4. Paul Novack Associates, Civil Engineers who were engaged by the
Damavandi developer
5. Curtis Williams, a later Director of the Planning Commission
The assurance of no future development was given to others who purchased lots
along the South border of the applicants property, including then City Manager
Robert Crowe, his brother David Crowe, and future Planning Commissioner
Louis Yanez. Current residents Karen and Harry Emerzian (650-941-8884) and
Jenny and Preston Chan (510-482-0485) have also confirmed the assurance of
no future development.
The previous Planning Commissions and Town Councils had held strong views
about what to do about this property and did not want to subdivide.
Confident of maintaining privacy, we employed an architect who designed our
home with extensive use. of glass and openness, oriented to the Northeast to
give the feeling of being both outdoors and indoors. Our North and East walls
consist of a 16 foot greenhouse window in our master bedroom, a 13 foot
greenhouse window in the kitchen, 6 French doors primarily of glass in the family
room and 16 other windows of various sizes in our living and dining rooms.
Almost 50% of our total floor space is oriented to open views and space to the
North and East, where the proposed development of the Nicholson land is
located. This development of the Nicholson property is a threat to our privacy as
well as to our views of the Valley and the mountains to the East. The applicants
proposed structure on site A is a large 7000 sq/ft multi -storied construction
oriented toward the West and whose height will rise high above our existing
fence and shrubbery. This will enable the residents to see into our master
bedroom, kitchen, family room, living room and dining room. We want the right to
maintain privacy as before. For 31 years we have paid Los Altos Hills (LAH) our
property taxes and now we need LAH to recognize us and protect our property.
We request that the Subdivision Committee consider the previous concerns
voiced by the Town's staff in 1979 and their intent not to develop this property.
And we ask that you address the open space situation. Every year less open
space is available. LAH was created years ago by a group of people who wished
to live in a area free of commercial business and provide a rural atmosphere in
which to live. This proved to be very successful as LAH became a desirable area
that attracts many people. The early Town planners had strong ideas about
habitation and it is as valid today as they were then. Because of this we request
that the Subdivision Committee deny the development of the lands of Nicholson.-
There
icholson:
There is a precedent for the Subdivision Committee in this matter. A few years
ago, Sprint Communications was installing their communication system along
freeway 280. They erected a dummy antenna on the California Water pumping
station site which abuts the eastern boundary of the lands of Nicholson with the
antenna oriented straight into our home. We appealed to the Planning
Commission to deny their request. Shelly Doran, Chairperson at the time, said to
the Sprint team, " I know you need antennas, but do you have to point them into
people's bedrooms?" Sprint did not get site approval.
We appreciate your consideration of our request to study this development as
proposed for the Lands of Nicholson and to allow us to retain the privacy that we
were promised by the town of Los Altos Hills when we built our home.
Respectfull ,
1� r`7. .
Donald and Janet Lull