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HomeMy WebLinkAbout09-96 RESOLUTION NO. 9-96 A RESOLUTION OF THE TOWN OF LOS ALTOS HILLS CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR LANDS OF VIDOVICH AT 11920 STONEBROOK DRIVE WHEREAS, applications have been submitted to subdivide property located at 11920 Stonebrook Drive("Property"),to amend the Town's General Plan regarding the Property and to prezone the Property; and WHEREAS, an Environmental Impact Report(EIR)a Supplemental EIR and an Addition to the Supplemental EIR(collectively, "EIR")were prepared to assess the potential environmental impacts of the proposed subdivision,General Plan amendment and prezoning; and WHEREAS,the EIR was prepared,publicized,circulated,and reviewed in accordance with applicable law and constitutes an adequate,accurate,objective, and complete Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act(CEQA)and the State CEQA guidelines; and • WHEREAS,after several duly noticed public hearings,the Planning Commission recommended certification of the EIR; and WHEREAS,the EIR is adequate and the information and analysis contained in the EIR reflects the Town's independent judgment as to the environmental consequences of the proposed project; NOW,THEREFORE,BE IT RESOLVED that the City Council of the Town of Los Altos Hills does hereby • 1. Certify the EIR,finding that a. The final EIR has been completed in compliance with CEQA; and b. The final EIR was presented to the City Council and the City Council reviewed and considered the information contained in the final EIR prior toapproving the project. 2. Adopt the Statement of Findings and Facts and Statement of Overriding Considerations set out in Exhibit A attached hereto. Passed and adopted at the regular meeting of the City Council of the Town of Los Altos Hills held on February 21 , 1996. Mayor • • City Clerk 14949/006/1047708.1 �. • • Exhibit"A" February 1996 FINAL TOWN OF LOS ALTOS HILLS CEQA STATEMENT OF FINDINGS AND FACTS AND STATEMENT OF OVERRIDING CONSIDERATIONS QUARRY HILLS SUBDIVISION, LANDS OF VIDOVICH, SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 257-93-EIR AND TENTATIVE SUBDIVISION MAP NO. 254-93-TM I. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1 . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2 . Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can andshould be adopted by such other agency. 3 . Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. " 1 III • II. FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT A. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE The Town Council has determined that the effects described below have been mitigated to a level of insignificance, and hereby makes findings as described in the Background Section above with respect to these effects (unless otherwise specified) . Please note that mitigation measures have been numbered sequentially (not numbered in the Draft SEIR, but follow the same general order) . 1 . Land Use a. Significant effect: Development of the project site would not be consistent with the Town's General Plan. Finding: Changes or alterations have been required in, or inc p rated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 1 . Concurrent with approval of the tentative map by the Town of Los Altos Hills, the General Plan shall be amended in order to make the proposed project consistent with the zoning code. Four text changes delete references to the Neary Quarry and designate the property as residential. 2. Transportation and Circulation a. Significant effect: Proposed emergency/secondary access to the site is not adequate since existing Stonebrook Avenue is narrow and the portion of Stonebrook within the project site would not be paved. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 2 111 • 2 . Stonebrook Avenue shall be upgraded to an asphalt-paved surface street of at least 20 feet in width, extending from Street C within the project boundaries to Magdalena Avenue. Pavement widening shall occur so as to avoid removal of the mature trees along the roadway. According to the fire department, the paved surface must be wide enough (i .e. , at least 20 feet) to allow for two emergency vehicles to pass each other. This access shall include a barrier to motor vehicles, accessible only by emergency vehicles. A design for the proposed upgrade of Stonebrook Avenue, showing the trees proposed for removal and extensive trimming, shall be submitted for review and approval to the Planning Director, City Engineer, and Los Altos Fire Department prior to approval of the Final Map. This proposed widening of Stonebrook Avenue will itself result in significant environmental impacts, namely biological and visual, due to the removal and trimming of existing trees (see the photos on page 95 of the Draft SEIR) . These impacts are further discussed in the EIR under their respective headings. 3 . Geology a. Significant effect: Grading activities associated with site development may result in impacts associated with slope stability and erosion. Finding: Changes or alterations have been required in, or inch rated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 3 . All grading and grading operations shall comply with the Town of Los Altos Hills Site Development Ordinance and the Town' s Standard Specifications for grading, drainage and erosion control. All plans for grading shall be submitted for review and approval by the City Engineer prior to issuance of the first grading permit. 4 . Prior to the issuance of grading permits, a California licensed Geotechnical Engineer shall review earthwork plans for the project to determine compliance with the recommendations of the Town' s consulting geologist. 5. The Geotechnical Engineer and Engineering Geologist (or a registered geotechnical professional) would observe and perform testing services during grading activity. Their investigations shall provide site-specific recommendations for 3 • • cut and fill slopes and for slope repair during grading for roadways, utilities and structures, commensurate with details shown on the approved grading plans and calculations. The geotechnical professional shall be on site to observe potential areas of instability and make recommendations for slope instability repairs. The applicant shall be financially responsible for having the geotechnical professional on-site. This shall be accomplished to the satisfaction of the City Engineer throughout the on-site grading period(s) . 6. Grading operations as detailed on the grading plans reviewed and approved by the City Engineer shall be restricted during the rainy season, the period between November 1 and April 1. At the discretion of the City Engineer, grading may be allowed to proceed if precipitation has been minimal and the grading technique would minimize the risk of landslides, erosion or damage to adjacent properties or environmentally sensitive areas . 7 . In conjunction with the review and approval of the grading plans by the City Engineer, the applicant shall submit an erosion control plan detailing techniques for controlling erosion and water runoff from the site -during grading activities. All cut and fill surfaces created by grading and subject to erosion shall be planted with a ground cover compatible with the natural ground covers in the Town and which thrive with little or no maintenance irrigation once established. Plantings shall occur within 7 days after grading. This shall be accomplished to the satisfaction of the City Engineer during on-site grading. b. Significant effect: Site preparation and earthwork necessary for development may result in significant geologic impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 8 . Prior to or in conjunction with the issuance of grading permits as reviewed and approved by the City Engineer, areas to be developed should be cleared of selected trees and bushes and then stripped to sufficient depth to remove surface vegetation and weeds; these materials should be removed from the site or stockpiled for later use in landscaping. Should clearing and grubbing activities be desired prior to the issuance of grading permits a separate permits shall be 4 • obtained from the City Engineer prior to commencement of the clearing and grubbing activities. 9. Any excavation and/or filling operations shall not be performed until the site has been cleared and stripped. All existing fill within the limits of the proposed development shall be removed to expose competent native material. In locations to receive fill, the ground surface shall be graded to be no steeper than 2: 1 (horizontal to vertical) prior to placing fill (see the following section on Road Construction) . Prior to placing fill, the subgrade materials shall generally be scarified to a depth of 6 inches, moisture conditioned, and compacted to the normal requirements for engineered fill. Any filling operations on slopes steeper than 6: 1 shall be keyed and benched into competent soils or weathered bedrock materials. This shall be accomplished to the satisfaction, of the on-site geotechnical engineer throughout the grading phase. 10 . All on-site soils below the stripped layer having an organic content of less than 3 percent by volume are suitable for use as fill. Imported fill material used at the site shall be non- expansive material with a plasticity index of 12 or less. The on-site geotechnical engineer present throughout the grading phase of work shall certify to the soils content at regular intervals as defined by the City Engineer. 11 . Any fill placed at the site shall not contain rocks or lumps greater than 6 inches in grated dimension with not more than 15 percent larger than 2 . 5 inches without prior approval of the soil engineer. The fill shall generally be compacted to at least 90 percent relative compaction by mechanical means only as determined by ASTM Test Designation D 1557-78 . In order to reduce settlement, it may be determined appropriate to compact some deep fills to 95 percent relative compaction. Fill shall be placed in lifts not exceeding 8 inches in uncompacted thickness. The on-site geotechnical engineer present throughout the grading phase of work shall certify to the soils content at regular intervals (each lift) as required by the City Engineer. 12 . Cut or fill slopes at the site shall have a maximum of 2: 1 slope (horizontal to vertical) , except for fill slopes that will be underwater or within the range susceptible to wave action after the lake is filled. Those slope shall have a maximum inclination of 2 .5: 1. Earth slopes shall be constructed with 6-foot drainage terraces spaced at 25- to 30- foot vertical intervals. At these inclinations the cut and fill slopes will probably be subjected to some minor erosion and/or sloughing, thus requiring periodic maintenance of the slopes . Exposed slopes shall be planted with erosion resistant vegetation in order to minimize erosion. A landscape architect 5 • • • experienced in erosion control planting shall be consulted prior to selection of the type of vegetation. All cut and fill slopes shall be designated on the tentative map and approved by the City Engineer prior to final action on the Tentative Subdivision Map, and shall be verified in the field by the on- site geotechnical engineer throughout the grading phase (s) . All proposed vegetation for remediation of erosion on cut/fill slopes shall be indicated on the tentative map for review and approval by the Planning Director prior to approval of the Final Map by the City Council. Vegetation shall be in place prior to issuance of building permits or the onset of the rainy season, whichever comes first. This shall be demonstrated to the satisfaction of the Planning Director. 13 . Utility pipes shall be bedded in accordance with standard practice, or as required by the particular utility company. Plans indicating pipe placement shall be submitted to the City Engineer and applicable utility companies in conjunction with street improvement plans for approval prior to issuance of encroachment permits. c. Significant effect: Proposed project roadways may result in impacts associated with settlement of fill and erosion. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 14 . In order to reduce potential settlement in the area of the quarry, increasing the specified fill density and/or increasing the specified water content during compaction shall be utilized as deemed necessary by the on-site geotechnical engineer during the grading phase (s) . Areas where this is anticipated shall be shown on plans submitted to the City Engineer for approval prior to issuance of grading permits. 15. The subgrade adjacent to the proposed road fill should be graded to slope not steeper than 2 : 1 (horizontal to vertical) . This shall be indicated on the grading plan and submitted for review and approval to the City Engineer prior to issuance of grading permits, and verified in the field by the on-site geotechnical engineer during the grading phase (s) . 16. Where road fill is to be placed on slopes steeper than 6: 1, the fill shall be keyed and benched into competent soils or the weathered bedrock materials.. The road fill shall be 6 • constructed in conformance with the general earthwork recommendations above. This shall beindicated on the grading plans and submitted for review and approval to the City Engineer prior to issuance of grading permits, and verified in the field by the on-site geotechnical engineer during the grading phase (s) . 17 . Where roads are to be constructed on the hill area, long fill slopes may be allowed downhill of the roadway if the slopes are constructed no steeper than 2: 1 as required. In these area, alternative construction methods may be considered, such as using geogrids to allow steeper fill slopes, or using retaining structures such as cribwalls, gabions, or conventional retaining walls. This shall be indicated on the revised tentative map and submitted for review and approval of the City Engineer prior to issuance of grading permits, and verified in the field by the on-site geotechnical engineer during the grading phase (s) . d. Significant effect: Construction-related grading may result in surface drainage that could lead to on- and off-site erosion. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 18 . A concrete-lined v-ditch shall be provided at the tops of all cut or fill slopes to prevent surface water from running down the slope. Concrete-lined v-ditches shall also be provided along the existing dirt road above the site, particularly where the road crosses Swales A and 1B. This v-ditch shall continue down the entire length of the existing dirt road - i until it reaches the proposed cul-de-sac. All v d tches shall direct surface water into closed pipes that lead to suitable discharge facilities. Concentrated water shall not be allowed n slopes as erosion or weakening flow across any p of surface soils could occur. This shall be indicated on the revised tentative map and submitted for approval to the City Engineer prior to issuance of grading permits. 7 • e. Significant effect: Grading and development of the project site could result in on- and off-site landslides and/or debris flows. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 19. On the entire Hillside Area of the project, "building exclusion zones" shall be delineated on the Final Map and the CC&R' s, such zones encompassing the areas of each lot that could be affected by a landslide or debris flow. The Final Map shall be reviewed to indicate these exclusion zones and shall be submitted to the City Engineer and Town geotechnical consultant prior to approval of the Final Map, so that it can be determined that these lots are developable from a geologic point of view. These lots shall be deleted from the Final Map if it is determined that the building envelopes cannot be located out of the paths of potential landslides and/or debris flows . 20. Property owners of surrounding parcels who are at risk from existing hazards associated with landslides which could originate upslope of the project site on MROSD lands, shall be made aware of this hazard: The applicant shall notify all affected property owners in writing (copied to the City Manager/City Engineer) prior to approval of the Final Map. The Planning Director shall review the content of said notification prior to its mailing (by certified mail, return receipt requested) . 21. To avoid the potential for impacts to off site structures from debris flows, baffle structures, debris basins, or diversion structures shall be constructed at thc subdivision property line along Lot 21 . This would reduce this potential impact to thc existing parcels to the southwest of Lot 23 along Hale Creek. The design for this mitigation shall be submitted to the City Engineer for approval prior to the approval of the Tentative Map and shall be shown for construction on the grading plan. These devices shall be in place prior to the _ subdivision which will impact or is impacted by potential debris flow. 8 111 111 f. Significant effect: Development of the project site may result in lake shore erosion. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have beenincorporated into the project: 22 . In addition to general erosion protection measures taken for cut or fill slopes, the banks of the proposed lake shall be protected against erosion from overbank flow and wave action along the north and northwest sides of the lake. This shall be accomplished by the use of riprap, soil cement facing, or one of a number of commercially available, proprietary methods. This type of slope protection shall extend a minimum of 4 feet above high water, and 2 feet below the design low water following initial filling. Additionally, more natural erosion protection measures shall be installed above this to protect against overbank erosion on the fill material. Fresh in-place greenstone does not need to be protected against wave erosion. The area subject to wave action erosion shall be indicated on a revised Tentative Map for review prior to approval of the Final Map. g. Significant effect: Construction of the proposed lake spillway may result in erosion impacts related to runoff. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 23. There will not be a danger of the spillway failing from erosion, because of the gentleness of the gradient and the depth of excavation into bedrock. However, the final gradient will need to provide enough slope so that there is not a problem with stagnant water in this channel from normal storm runoff. Prior to issuance of grading permits, the soils engineer shall design the outlet channel to accommodate overflows from the lake. This channel shall be of sufficient gradient to assure a constant flow and no ponding. The material chosen to line this channel shall be of a natural 9 Ill • material and shall be free from erosion potential . The spillway elevation shall be determined from survey information p y to assure that all building sites shall be free from inundation. The spillway shall be constructed of a permanent material . The design and construction of the spillway shall be reviewed and approved by the City Engineer prior to the issuance of grading permits. h. Significant effect: On-site development may include the use of reclamation fill. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 24 . A Final geotechnical report on the Neary Quarry/Quarry Hills Reclamation Project prepared by a registered geotechnical professional shall be submitted to the Town prior to approval of the tentative map. The report shall include technical data that would address the concerns identified by the Town' s geotechnical consultant regarding stability and as-built conditions of reclamation fill and shall be modified as needed to assure the Town that there will be no adverse impacts on development. The report shall be approved by the Town's geotechnical consultant prior to issuance of grading permits . i. Significant effect: Development on-site could result in slope instability. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 25. Existing undocumented fill in the vicinity of proposed roadways and building sites shall be completely removed. These materials shall be completely removed prior to the placement of new fill material unless it can be demonstrated to the satisfaction of the Town' s geotechnical engineer that the fill is properly compacted and has the appropriate structural 10 • • strength. This shall be accomplished to the satisfaction of the soil engineer during the grading phase (s) . 26. To accommodate the possibility of shallow sliding and sloughing of the embankment face, all homes located on properties at the edge of the fill slope shall be set back a minimum distance of 20 feet from the break of slope. This setback shall be indicated on the Final Map submitted for approval to the City Engineer. 27 . All cut and fill slopes shall be observed by the project Engineering Geologist and Geotechnical Engineer at the time of grading to make supplemental recommendations, as necessary. j . Significant effect: Proposed retaining walls may result in on-site geotechnical impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: the Alan Kropp & Associates, Inc. , "Supplemental Information Town Review Quarry Hills Subdivision, Loc Altos Hills, California", November 4, 1994 shall be implemented in accordance with Town of Los Altos Hills requirements. This shall be accomplished to the satisfaction of the City Engineer prior to issuance of building permits. 31 . Retaining walls shall be designed to resist both lateral earth pressures and any additional lateral loads caused by surcharge loads on the adjoining ground surface. Design pressures shall be determined in conjunction with the final site-specific foundation investigations mentioned below. Sufficient drainage shall be provided behind the walls to prevent the build-up of hydrostatic pressures from surface and subsurface water infiltration. This shall be accomplished to the satisfaction of the City Engineer prior to issuance of grading permits. 32 . Lined surface ditches of a natural material shall be provided behind any walls that will have an exposed sloping surface steeper than 4: 1 behind them. These ditches, which will collect runoff water from the slopes, shall be sloped to drain to suitable discharge facilities. All structural backfill placed behind the walls shall be compacted to at least 90 percent relative compaction. This shall be accomplished to the 11 satisfaction of the City Engineer prior to issuance of building permits . 33 . All retaining walls shall be supported on drilled pier foundations or footings as determined during future soils investigation work. This shall be accomplished to the satisfaction of the City Engineer prior to issuance of building permits . k. Significant effect: Past quarry/grading practices on-site may result in impacts to future residence foundations. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 34 . Actual foundation recommendations shall be developed for individual building sites following site grading and conceptual-level house design. In some cases additional subsurface exploration may be needed. Any residences located on sites sloping steeper than about 6: 1, and any houses that span from cut to fill, shall be supported on drilled, cast-in- place, straight-shaft piers that are designed to develop their load carrying capacity through friction between the sides of the piers and the surrounding subsurface materials . The piers shall generally extend into bedrock. The piers shall be tied together with grade beams . The surficial soils may have a tendency to creep downhill creating a void along the downslope sides of the piers, leaving them unsupported. Therefore, the piers shall be designed as free-standing columns. Plans shall be submitted to the Town for review and approval by the City Engineer and Planning Director prior to issuance of building permits. 35. Residences located on sites flatter than 6: 1, or where bedrock is exposed by cutting operations, shall be supported on conventional, continuous and isolated spread footings that bear on bedrock or competent soil. Plans shall be submitted to the Town for review and approval by the City Engineer and Planning Director prior to issuance of building permits . 36. Slabs-on-grade for garages shall be supported directly on undisturbed natural materials or engineered fill or, where subgrade soils contain expansive clay, on a layer of engineered fill. Plans shall be submitted to the Town for 12 411 411 review and approval by the City Engineer and Planning Director prior to issuance of building permits . 37 . Supplemental foundations investigations shall be performed to provide site-specific recommendations for each lot. These recommendations shall be submitted to the City Engineer and approved prior to issuance of building permits. 1. Significant effect: The project site is susceptible to ground shaking in the event of an earthquake. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 38 . Structures shall be designed and constructed to accommodate strong ground shaking in accordance with the Uniform Building Code for Seismic Zone 4 . Plans shall be submitted to the Town for review and approval by the City Engineer and Planning Director prior to issuance of building permits. 39. A special geologic investigation to assess the seismic risk to future development on the lots in the "Quarry Area" of the project from the Berrocal Fault shall be performed and submitted to the City Engineer for review and approval prior to approval of the Final map. 4. Hydrology and Water Quality a. Significant effect: Development of the project site may result in drainage and flooding impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 40. The final design of the storm drain system shall be determined at the grading permit stage and approved by the City Engineer. The final selected design shall minimize impacts to the riparian corridor of Hale Creek downstream of the project 13 • site. Specific plans detailing this shall be submitted for review and approval along with the required grading plans . 41 . Quarry Hills Lake shall be maintained by the Homeowners Association. Covenants, Conditions and Restriction (CC&R' s) indicating that shall be reviewed and approved by the Planning Director and City Attorney prior to issuance of building permits. 42 . The design of the project at Lots 5-7 shall mitigate for the presence of intermittent springs, based upon recommendations from the project' s geologist, with approval from the Town Geologist and/or City Engineer. This shall be accomplished prior to approval of the Final Map. b. Significant effect: Development of the project site may result in water quality impacts, including those associated with erosion and runoff, aquatic plants and insect vectors control. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 43. The applicant shall file a Notice of Intent to Construct with the State for construction activities associated with the development of the site. The project shall be required to implement source control measures and best management practices, as identified in the Draft SEIR. The project applicant shall prepare an SWPPP containing mitigation for construction and post-construction water quality impacts for both on- and off-site development. Documentation that application has been made shall be submitted to the Regional Water Quality Control Board, the Planning Director and City Engineer prior to issuance of grading permits. 44 . Earthwork shall be scheduled during the dry season (April 1- October 31) to prevent most runoff erosion. In the event that earthwork activity is allowed by the Town to occur during the rainy season, this activity shall be separated from street gutters and storm drains by ditches, berms or filtration 14 111 • barriers. This shall be accomplished to the satisfaction of the City Engineer as needed during the grading phase (s) . 45. During construction near the Hale Creek channel, the developer shall be responsible for ensuring that debris and soil is not deposited into the corridor. A debris mitigation plan shall be submitted to the City Engineer for review and approval in conjunction with grading and erosion control plans . This plan shall employ methods of controlling, diverting and re- directing debris from the adjacent hillsides onto the site. 46. All grading within 30 feet of the top bank of creek corridors or installed reclamationplantingsshall include temporary catchment fences at the top of the bank to prevent excess spoils from entering the creek corridor. Fencing shall be in place and approved by the City Engineer prior to issuance of grading permits. 47 . All exposed soils shall be watered on a daily basis during the dry season to limit wind erosion. This condition shall be included as a general note on the erosion control plan submitted to the City Engineer for review and approval prior to issuance of grading permits. 48 . An Erosion Control Plan shall be prepared and submitted to the Town for review and approval prior to the issuance of a grading permit. Erosion control planting shall be installed on the graded slopes within 7 days after the completion of grading operations, or at the first onset of rain, whichever comes first. Planting shall be restricted to native grasses and shrubs that require minimal irrigation. The Planning Director shall have approval over plant materials to be utilized. This shall be accomplished to the satisfaction of the City Engineer and Planning Director within 7 days after completion of grading operations and prior to issuance of further permits. 49. Fertilized runoff from heavily landscaped areas shall be diffused over unfertilized vegetated areas, as indicated in the 1988 Lake Management Plan. This shall be indicated on the grading plan submitted to the City Engineer for review and approval. This shall be incorporated into the CC&R' s . 50. Biological control, a shading agent, or algaecide shall be considered in the event that nuisance algal bloom requires mitigation. Because the lake has a small surface area, low nutrient source, and limited or no outflow during the treatment application, biological methods shall be utilized first. This shall be accomplished to the satisfaction of the City Engineer on an as-needed basis . This shall be incorporated into the CC&R's . 15 • 51 . Treatment involving the conditional use cutrine, a chelated copper-based herbicide, shall be allowed once a year after the lake stope discharging into Hale Creek. Monitoring of copper levels shall be required at the time the lake begins to discharge again. Application of cutrine may be repeated, only at the discretion of the City Engineer, if copper levels are shown to be less than the Water Quality Objective of 11. 8 parts per billion at hardness of 100 mg/L CACO3. This shall be incorporated into the CC&R' s . 52 . The mosquito and midge control methods identified in the 1988 plan shall be made final conditions of approval of the Final map for the proposed project. 5. Vegetation and Wildlife a. Significant effect: Development of the project site may result in impacts to on-site oak woodland habitats. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 53 . Prior to issuance of grading permits for driveways to hillside Lots 18-22, a tree survey within proposed grading areas shall be completed by a certified arborist. The survey shall accurately identify the location of each tree, assess plant health and form and determine if the trees could be adequately protected from impacts due to grade changes, compaction, trenching or changes in water regime. Specific measures to protect individual oaks identified during the tree survey, such as construction fencing and root pruning, shall be shown on the grading plan and be made conditions of the grading permit (s) . This shall be accomplished to the satisfaction of the Planning Director. If trees cannot be adequately protected, the Town may authorize removal and replacement or may request redesign of the driveways . 54 . Prior to issuance of grading or building permits within hillside Lots 18-22, a tree survey within proposed grading areas shall be completed by a certified arborist. Tree surveys shall be completed at the time specific residential construction plans are prepared and considered. The survey shall accurately identify the location of each tree, assess plant health and form and determine if the trees could be adequately protected from impacts due to grade changes, 16 i • compaction, trenching or changes in water regime (irrigation) . Specific measures to protect individual oaks identified during the tree survey, such as pruning, irrigation design near oaks, and protective construction fencing shall be referenced on the grading plan and made conditions of the permits. This shall be accomplished to the satisfaction of the Planning Director. If trees cannot be adequately protected, the Town may authorize removal and replacement or may request redesign of the project. 55. Construction of residences on Lots 6-8 shall be limited to the area south of the Hale Creek bypass channel. For oaks present south of Hale Creek within Lot 8, an assessment of proposed construction on tree health shall be completed by a certified arborist prior to issuance of a building permit. The assessment shall include specific measures to protect individual oaks that would be incorporated as conditions of the building permit. This shall be accomplished to the satisfaction of the Planning Director. If trees cannot be adequately protected, the Town may authorize removal and replacement or may request redesign of the project. 56. Prior to site clearing or grading, all oaks that are to be retained shall be protected by temporary construction fencing, as prescribed by a qualified botanist or arborist. This shall be shown on the grading plan, located in the field and approved by the Planning Director prior to the issuance of grading permit (s) . Encroachment of construction vehicles under the canopy of oaks shall be restricted. Grading, trenching or paving within the dripline of trees shall not be allowed without prior consultation with a qualified arborist. Notes to this effect shall be included on the grading plan to the satisfaction of the Planning Director. 57 . Any oaks removed due to project construction shall be replaced by planting . valley oak or coast live oak seedlings in a suitable habitat at the vicinity of the impact, as determined by a qualified botanist, revegetation specialist, or certified arborist. Replacement shall be at a minimum ratio of 5: 1 trees planted to trees removed. The size of replacement trees shall be indicated by the Planning Director. A landscape plan indicating locations and quantity of replacement trees shall be submitted for review and approval of the Planning Director prior to issuance of building permits . 58 . Following planting it shall be the applicant' s responsibility to assure that replacement oaks shall be monitored annually for a minimum of 5 years by a qualified botanist or arborist. The method of monitoring shall be prepared by the applicant and approved by the Planning Director prior to the issuance of building permits. Survival of plants installed shall not be lower than the 5: 1 replacement ratio. Replanting shall occur 17 • !II • and the monitoring shall begin anew if survival during the monitoring period is less than specified. Monitoring reports shall be provided on an annual basis to the Town of Los Altos Hills Planning Department, and if requested, to the California Department of Fish and Game. b. Significant effect: Development of the proposed project may result in impacts to on-site special status species. mP P P Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 59. Preconstruction surveys for raptor nests shall be conducted by a qualified ornithologist to determine if any actively used nests would be disturbed by project construction activities. This report shall be submitted to the Planning Director for review prior to issuance of the first grading permit. If any raptor nests are found on the site, recommendations for avoiding impacts to these birds shall be submitted to the U.S. Fish and Wildlife Service (USFWS) and the CDFG for review. Recommendations for avoiding potential impacts to any identified nesting raptors could include: 1) conducting construction work, including tree removal, outside of the breeding season (March to July) ; 2) removal of unoccupied nests outside the breeding season (permits from the USFWS and CDFG would be required) ; and 3) establishment of construction- free zones around an active raptor nest (as determined by an ornithologist and reviewed by the USFWS and CDFG) . b. Significant effect: Development of the project site may result in impacts to on-site wetlands and creek channels. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the 18 61 'InIaS TAUT. ago uT PaTJT4uaPT SE 4Oagga TEquauruoaTAua .uEOTgTubTs alp uassaT ATTuT4UE4sgns JO pTonE g3TuM 4oacoad ago '04uT'04upa;EaodaoouT JO 'uT paaTnbaa uaaq anug SUOTTEaa4TE JO sabuug0 : uTpuig •uETd uoT; ut2Tosa panoa<ddE &TsnoTnaa<d at; go ga<Ed sE pasodoid a:o aoETd uT Apra/Tv sbuTquEtd o; sgoedur uT gtnsaar HEIR quawdoTanap a4Ts-up :;oa3;a ;uvoi;Tubis •p •4Tuiaad buTPuab 4saTg alp To aOupnsST 04 aoTad pauTu;qo sgTmaad pup supld buTppab alp uo uMogs aq TTEgs panouiaa aq 04 S9aa4 Jo SuoT4eOon •UMoao 400a alp aaogE gaag anog go 4gbTag E 4p aa4atuWTP uT satJouT Z1 upgl aa4Paab Teo Aue go TCAOUIOa alp 04 aoTad (Z0£'Z-Z1) aPo3 TpdTOTunN aapun sTTTH sogTK son go uMoy alp MOJj pauTp4go aq TTugs 4Tmaad TEaouzaa 98.74 Ni ' Z9 :4oaCoad alp oquT pa4paodaoouT uaaq anpg SaansuaW uoT4pbT4Tui buTMoTTo; agy :buipuTg go gaoddns uT sgoE3 '2II�S TpuTg ago uT paT3T4uapT se goaj;a TEquauruoaTnua 4uEOTgTubTs alp uassaT ATTuT4uE4sgns JO pTo'p 1OTTM goaCoad alp 'oquT pa4EaodaoDUT JO 'uT paaTnbaa uaaq aAEq suoT4paa4Tp JO SabUeq : uipui3 '868.X4 'MO abE;Ta<ag o is-uo 04 s;DEduxi uT unsex Arm a4Ts a44 go quauzdotanac :goag;a 4uEo!TiubTS •o •S4T1ed buTpTTnq go aOuunssT 04 aoTad aogoaaTQ buTuuETd alp 04 TEaoaddC pup MaTAaa JO; pa44Twgns aq pup uETd uoTJuiu2TOaa alp 114TM aOupTTdmoO buT4uoTpuT paaedaad aq TTpgs uETd buTdEOspupT paTTu4aP V •sTTTH so4Tv son go uMoy ago Aq paaTnbaa se JO ' (6861) uETd UOTTEMETOaH Aaapna AapaN panoaddC ATsnoTnaad age uT pa4sTT SE 'xaaao aTEH buoTf squaWaaTnbaa uoT4p4abanaa/buT4upTd alp go TTu 114TM ATdmoo TTugs ;oa Coad agy 'T9 •S4Tmaad bUTppab go aouunssT 04 aoTad a040aaTG buTUUETd alp go uoTgougsT4Es alp 04 pagsTTdtu000p aq TTugs sTgy 'uoTsua;xa auTT aaMaS ag; Aq xaaap aTpH go buTssoa3 pasodoad egg. buTpaubaa 93Qo aq; pup saaauTbua go sdaop Away 'S'n alp go sq.uamaaTnbaa 4Tmaad g4TM ATdmoo TTpgs 4Oa Coad ally '09 :;oa Coad alp oguT paquaodaoouT uaaq aipq saanseaiu uoT4EbT;Tui buTMoTTo; ally :buipuig go 4a<oddns uT sgoEg •Aouabp aaq;o Bons Aq pa;dopE aq pTnogs pue UEO ao Aouabp aag;o qons Aq pa;dope uaaq aaEq sabuEgO Bons •buTpuT; • • . 411 Facts in Support of Finding: SII The following mitigation measures have been incorporated into the project: 63. Plantings proposed as part of the landscape reclamation plan for Neary Quarry, and as determined by the Town to replace oaks removed along Hale Creek during implementation of the Reclamation Plan, shall be designed and installed prior to -- issuance of building permits for individual lots in the project site. Since the proposed project is a substantial modification to what was envisioned in the 1988 Reclamation Plan, modifications to the landscape reclamation plan shall be made to meet Town standards, as opposed to County standards. This shall be accomplished to the satisfaction of the Planning Director. 64 . Residences will be setback a minimum of 100 feet from reclamation plantings along Hale Creek. Where a setback of 100 feet is not possible, as determined by the City Engineer, an additional twenty-five foot buffer of local native woody species shall be planted adjacent to revegetation plantings along the creek. This shall be accomplished to the satisfaction of the City Engineer and Planning Director prior to issuance of building permits. 65. Prior to issuance of building permits, reclamation plantings shall be protected by temporary construction fencing, as prescribed by a qualified botanist or revegetation specialist. Encroachment by construction vehicles within areas planted as part of the Neary Quarry Reclamation Plan shall be restricted. This shall be accomplished to the satisfaction of the Planning Director. e. Significant effect: Proposed grading along Stonebrook and Magdalena Avenues may result in impacts to existing trees. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 66. The design for the widening of Stonebrook Avenue shall utilize, to the greatest extent practical, an alignment which minimizes the loss of trees, especially mature oaks . Prior to the issuance of grading permits for this work, a tree survey shall be completed by a certified arborist. All native trees 20 • - 1110 S (defined as a plant with a diameter of three or more inches at a height of four feet above the root crown) to be removed shall be replaced at a minimum ratio of 5: 1 trees planted to trees removed (size of replacement trees to be determined by the Planning Director, but shall be a minimum 5-gallon size) . year Replacement trees shall be hand irrigated for one after planting to maximize the likelihood of successful establishment. Trees to be retained shall be protected with temporary construction fencing, as prescribed by a qualified botanist or arborist. Construction fencing shall be erected prior to commencement of any clearing or grading. This shall be accomplished to the satisfaction of the Planning Director. 6. Utilities and Urban Services a. Significant effect: Development of the proposed project may result in off-site impacts associated with the extension of the sanitary sewer line to the Dawson Subdivision. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 67 . The conditions enumerated in the May 2, 1990 Los Altos Hills Staff Report for the Sewer Line Extension shall be made conditions of approval of the proposed project. 68 . Advance written notice of the pending construction activities shall be provided to the owners of the property of 11665 Dawson Drive. This shall be accomplished to the satisfaction of the Planning Director prior to issuance of grading and building permits. b. Significant effect: Development of the proposed project may result in the generation of school-age children which in turn could exceed local public school capacities. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. 21 110 111 Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 69. Government Code §65996 specifies the acceptable method of mitigating effects regarding the adequacy of school facilities . A school impact fee as set by the school district where the property is located shall be required prior to issuance of a building permit for each residential unit. 7 . Visual and Aesthetic a. Significant effect: Development of the project site with residences may result in impacts to existing view corridors both on- and off-site. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 70. All building materials, color, and finishes shall be in accordance with the Town' s standards. This shall be made a condition of approval of the proposed project. 71 . Native vegetation shall be incorporated into the landscaping. Fire retardant plantings shall be used whenever possible. Landscaping plans indicating this shall be submitted to the Planning Director and Environmental Design Committee prior to issuance of building permits . 72 . Landscape designs shall minimize views of residences from off- site locations, and screen auto and street lights and glare. Grading requirements shall be established so that excessive cut and fill is avoided and any visual scarring due to grading is quickly revegetated, to help eliminate erosion, and reestablish the visual quality. Landscaping Plans shall be submitted to the Planning Director for review and approval prior to issuance of building permits. 73 . Proposed residences on Lots 18-22 shall be sited below the ridgelines, so that building forms do not obstruct views of the natural landforms. This shall be shown on plans submitted for review by the Planning Director prior to issuance of building permits. 22 11, 410 prior to ioouancc of building permito. 75. Prominent knolls shall be preserved as public open space/viewing areas. This shall be indicated on plans submitted to the Planning Director prior to approval of the Final map. 76. Oak woodland in natural groupings shall be retained. Indication of groupings to be retained shall be made by the arborist and approved by the Planning Director. Plans indicating this shall be reviewed and approved by the Planning Director prior to approval of the Final Map. 77 . Construction on the Hillside Lots shall be required to comply with the Town's Zoning and Site Development Ordinances for steep lots. This shall be accomplished to the satisfaction of the Planning Director prior to issuance of grading permits. b. Significant effect: Development of the project. site may result in on- and off-site light and glare impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 78 . Bare metallic surfaces, such as pipes, flashing, vents, and light standards shall be painted with a coating that minimizes reflection, and in accordance with the adopted color board. This shall be accomplished to the satisfaction of the Planning Director and Building Inspector prior to issuance of occupancy permits . 79. Overhead light fixtures shall be shaded and directed away from nearby residences . Lighting shall be in conformance with the Town' s standards. This shall be accomplished to the satisfaction of the Planning Director prior to issuance of occupancy permits . 80. Low-reflectance materials shall be incorporated into the building design to reduce on-site glare (i.e. , coated window- panes) . This shall be accomplished to the satisfaction of the Planning Director prior to issuance of building permits . 23 • • • 8 . Air Quality a. Significant effect: Development of the project site may result in construction-related air quality impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 81 . Construction contractors shall provide equipment and manpower for watering of all exposed or disturbed soil surfaces . This condition shall be indicated on the grading plan to be submitted for approval by the City Engineer prior to issuance of grading permits. 82 . Construction contractors shall cover stockpiles of debris, soil, sand, or other materials that have the potential for entrainment. This shall be accomplished to the satisfaction of the City Engineer during the construction phase and a note requiring this shall be placed in the grading plans . 83 . Construction contractors shall sweep construction areas and adjacent streets of all mud and dust daily. This shall be accomplished to the satisfaction of the City Engineer during the construction phase and a note requiring this shall be placed in the grading plans. 84 . Construction contractors shall schedule clearing, grading, and earthmoving activities during periods of low wind speeds and restrict those construction activities during high wind conditions with wind speeds greater than an average of 20 miles per hour. This shall be accomplished to the satisfaction of the City Engineer during the construction phase and a note requiring this shall be placed in the grading plans. 85. Construction contractors shall control construction and site vehicle speed to 15 mph on unpaved roads.Signs shall be posted at the project entrance indicating the speed limit. Notes requiring compliance shall be included in the general notes on the front sheet of the grading plans. This shall be accomplished to the satisfaction of the City Engineer prior to issuance of grading permits . 24 • 111 • 9. Noise a. Significant effect: Development of the project site may result in construction-related short-term noise impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 86. A general note requiring that contractors shall be required to use "new technology" power construction equipment with state- of-the-art noise shielding and muffling devices shall be placed on the Title Sheet of the grading plans. All internal combustion engines used at the project site, aswell as offsite locations with project construction, shall be equipped with adequate muffling devices . All equipment shall be in good mechanical condition, to minimize noise created by faulty or poorly maintained engine, drive-train, and other components .This shall be accomplished to the satisfaction of the City Engineer prior to issuance of grading permits . 87 . Construction activities shall be limited to the hours of 8 : 00 a.m. to 5: 00 p.m. , Monday through Friday in accordance with Town standards. This shall be indicated on the grading plan to be submitted to the City Engineer for approval prior to issuance of grading permits. 10 . Cultural Resources a. Significant effect: Development of the project site may result in impacts to cultural resources. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 25 •• Facts in Support of Finding: • The following mitigation measures have been incorporated into the project: 88 . After vegetation is removed on Lots 1, 2, 21, and 22, the area shall be inspected by a qualified archaeologist. A written report detailing the findings of this inspection shall be prepared and submitted for approval to the Planning Director prior to issuance of grading permits . 89. In the event that archaeological traces (i.e. , human remains, artifacts, concentrations of shell/bone/rock/ask) are encountered, all construction within a 50-meter radius of the find shall be halted, the Planning Department notified, and an archaeologist retained to examine the find and make appropriate recommendations . This shall be accomplished to the satisfaction of the Planning Director as needed during the construction phase. 90. As required by State law, if human remains . are discovered during construction, the Santa Clara County Coroner shall be notified by the developer. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his authority, he would notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native Americans.This shall be accomplished to the satisfaction of the Planning Director as needed during the construction phase. 91 . If the remains are Native American, and it is determined that they do not constitute a significant find, the archaeologist shall submit a preliminary report, detailing the findings, analysis and proposed mitigation for the project. Work shall resume only after the submittal of preliminary archaeological report and after provisions for reburial and monitoring are. accepted. This shall be accomplished to the satisfaction of the Planning Director as needed during the construction phase. 92 . A final report to be prepared by a qualified archaeologist shall be submitted when: a)monitoring is recommended at any stage of the development process; b) the project site is determined to be a significant archaeological site; c) Native Americans remains are found on the site. The final report shall include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, and other recovered information, and conclusions . This shall be accomplished to the satisfaction of the Planning Director as needed during the construction phase. 26 • • 11. Hazardous Materials a. Significant effect: Development of the project site for residential uses may result in hazardous materials impacts associated with existing on-site contamination. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: • 93. If any further contamination is noted, construction activities shall cease until the lateral and vertical extent of the contamination can be determined and a remediation plan is implemented. This remediation plan shall include, but not be limited to: on-site aeration; off-site disposal by landfilling at a permitted facility; or on-site treatment using biodegradation/bioremediation processes. A monitoring report on the status of the remediation activities shall be prepared and submitted on a twice-yearly basis to the Town Planning Director and the County of Santa Clara Health Department for approval. This note shall appear on the Title Sheet of the grading plans. 12. Public Safety a. Significant effect: Development of the project site will result in easier access to the quarry lake area by both humans and wildlife. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final SEIR. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 94 . The southern shoreline shall be fenced off to discourage humans and wildlife from entering. The quarry benches shall be 27 • • planted with trees and shrubs to act as a deterrent to climbing these slopes . This shall be accomplished to the satisfaction of the Planning Director prior to issuance of building permits . 95. An access road to the lake shall be provided for emergency/maintenance purposes . This access road could be constructed along the southerly side of the lake, extending from the end of Street B. This shall be indicated on a plan and submitted for review by the Planning Director prior approval of the Final map. GROWTH-INDUCING IMPACTS No significant growth-inducing effects have been identified for the revised plan. 28 • • • B. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED 1. Land Use a. Significant effect: Development of the project site for residential uses would result in the loss of the use of on- site mineral resources. Finding: Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final SEIR. There are no feasible mitigation measures that would include mining because this land use is incompatible with surrounding and proposed on-site residential land uses . Facts in Support of Finding: The significant effect has been substantially lessened to the extent feasible by virtue of General Plan policies and the Mitigation Measures identified in the Final SEIR, and incorporated into the project. These measures will result in a significant mitigation of this impact. Even with implementation of these measures and policies, the impact of this effect cannot be fully mitigated. The remaining, significant unavoidable effect is acceptable when balanced against the facts set forth below and in the Statement of Overriding Considerations . 2. Transportation and Circulation a. Significant effect: Proposed access to Lots 19-21 is provided by inadequate driveways. *** Please note that the City Council has required thecombination. of Lots 19 and 20 and has made conditions of approval for the remaining lots. This significant unavoidable impact thus no longer exists and mitigation measures 96 would not be required. 96. Thc common/share segment of thc driveway between Lots 19, 20 and 21 shall be designed as a public street having a paved width of 22 fcct, with a cul de sac or other similar design feature at thc end which would allow for fire dcpartmcnt vehicles to turn around. Thc grade of this street shall not exceed 6% for at least thc first 40 fcct from its intersection with Street C, and at thc location of the turnaround for emergency vehicles . Grades at other locations on this street shall not exceed 15%. In addition, grades on the individual lot driveways shall not exceed 15%, and the driveway for Lot 211 shall require widening or pullouts to provide a means for vehicles to pass each other. The applicant shall submit plans 29 411 • _ _ _ . _ . . - - - require sstantial additional grading and the likely widespread tree et retaining walls. This will, in turn, result above that for the project ao it is presently proposed. In other words, while it may be feasible to design a solution to this access problem from an engineering and geologic perspective, the resultant visual impact would likely be both • 10 2 .702, 10 2 . 1101, and 10 2 . 1102 of the Town's Zoning and Site Development Code. 3. Geology a. Significant effect: Development of the sitemay result in impacts related to quarry wall stability and potential hazards to future residents. Finding: Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final SEIR. Corrective grading as set forth below would result in significant visual disruption and is not feasible. Facts in Support of Finding: The following mitigation measures have been incorporated into the project: 28 . Unauthorized people shall be kept off of slopes in the quarry wall area. This shall be accomplished through the use of signage and perimeter fencing. Signage and fencing shall be in place and approved by the City Engineer prior to issuance of grading permits. The location of fencing and the wording of the warning signs shall be reviewed and approved by the City Engineer prior to issuance of grading permits . 29. Along the southern and caatcrn rims of the quarry, the upper layer of weak rock Shall be graded in such a manner to protect Stonebrook Avenue and Magdalena Avenue. The suggested grading method shall be shown by the project civil engineer on the grading plan. This would protect Stonebrook Avenue ao an emergency access road for the project, as well as several existing residential lots to the est along Magdalena Avenue. Thio work would likely require easements on some of the adjacent properties or would require the use of retaining walls roughly 10 12 feet in height. The ares recommended for this work arc Shown on Figure 8 . 30 • 1 . . behind the propertieo to the cast along Magdalena Avenue. Mitigation measure 29 been deleted from consideration. The decisionmakers determined that the proposed corrective grading would in and of itself result in significant visual disruption of the project site as seen both from on-site and off-site points and in significant biological impacts (removal of mature oaks) . Even with implementation of the remaining mitigation measure 28, it is anticipated that the impact will remain significant and unavoidable. 4 . Visual and Aesthetics a. Significant effect: Development of the hillside lots without the 1-story limit (as previously recommended in the now deleted mitigation measure 74) may result in visual impacts to future residents on-site and to off-site residents. Finding: Specific considerations make infeasible the mitigation measures or project alternatives identified in the Final SEIR, since the City Council believes it more appropriate to determine building design in the site development process. Facts in Support of Finding: No mitigation measures have been recommended in place of deleted mitigation measure 74 . It is anticipated that with emphasis of a common open space (upper hillside areas of Lots 19/20 and 21) , deletion of one building site (combination of Lots 19 and 20) , and the future site development review process this impact may be lessened, possibly even to a level of insignificance. However, until such time as the site development review occurs for each of these specific hillside lots, the extent of potential visual impacts remains significant and unavoidable. 5. Cumulative Impacts a. Significant effect: Development of the project site would result in a cumulative loss of open space. Finding: Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final SEIR. It is infeasible to maintain the entire site as open space because the Town would have to purchase the site. However, the project has been modified and/or conditioned to include the following: upper hillside areas of lots 19/20 and 21 are to be placed in a common area open space lot; the lake is 31 • • proposed as an open space feature; and, pathways will be provided for access to adjacent public open space areas . Support of Finding: Facts in The significant effect has been substantially lessened to the extent feasible by virtue of General Plan policies and the Mitigation Measures identified in the Final SEIR, and incorporated into the project. These measures will result in a significant mitigation of this impact. Even with implementation of these measures and policies, the impact of this effect cannot be fully mitigated. The remaining, significant unavoidable effect is acceptable when balanced against the facts set forth below and in the Statement of Overriding Considerations. The measures which lessen the impact to the extent feasible and which are hereby adopted include the following: 97 . The applicant shall construct "native path" trails in the Hillside Area of the project site, extending from Street C and/or Stonebrook Avenue to the adjacent MROSD lands. These trails could be constructed at some of the locations shown on Figure 4 as "10 foot public trail easements" provided that those trails do not exceed grades of 10%, with short stretches of no more than 15%. However, some of the proposed trail locations shown on Figure 4 exceed acceptable grades and, therefore, shall be relocated to areas with lesser grades. Since the pathways on the upper hillside area of the subdivision must connect Street C to the MROSD trails to the south of the subdivision and to the trails which extends from the Merrill property to the southwest, two trailheads may be necessary. If the applicant can successfully connect both of these existing trails to Street C from one trailhead while meeting the Town' s requirements, one trailhead would be sufficient. The locations for all trails shall be reviewed by the Town' s Pathway Committee, the City Engineer, and MROSD staff, and designs for the trails shall be submitted to the Town prior to the public hearings on the Final Map. 98 . The sbdivisien 3trcct3, a3 dc3igned, do not providc room for on 3trcct parking. In ordcr to providc Some trailhcad parking on a revi3 - tentative map 3ubmittcd to the Planning Director and City Engineer for approval prior to approval of the Final Map. 32 411 • III. FINDINGS AND FACTS TO REJECT PROJECT ALTERNATIVES The four alternatives analyzed in the SEIR are also infeasible as follows : No Project Alternative is infeasible because resumption of quarrying activities (allowed with this alternative) could result in the following impacts: land use incompatibility with surrounding residences and MROSD lands, truck traffic, noise, generation of substantial dust, loss of vegetation, and substantial thetic impacts. This is not considered environmentally p superior to the proposed project. Reduced Scale Alternative is infeasible because it does not meet project objectives to provide additional housing consistent with the Town' s Housing Element. The Town has determined that the reduction of the proposed project to 22 lots results in similar impacts -to the Reduced Scale Alternative Alternative Land Use: Public Open Space is infeasible because of the economic impact to the Town as it would have to purchase the property from the applicant. Alternative Locations are infeasible because the applicant has no control of ownership for the other sites. It is anticipated that the development of the proposed 22-lot subdivision on any of these three properties would result in impacts similar to those at the Neary Quarry site, except that use of any one of these sites would not result in a loss of a State-designated mineral resource of significance. Use of an alternative site would not convert the incompatible mining use to compatible residential uses . 33 S • IV. STATEMENT OF OVERRIDING CONSIDERATIONS The Final SEIR concludes that if the project is carried out, certain significant effects may be unavoidable. In this section, the City Council finds that, as required by CEQA and Section 15093 of Title 14 of the California Administrative Code, the unavoidable significant effects described in Section II are acceptable due to the following overriding considerations. 1 . The project would preclude the resumption of on-site quarrying activities and would eliminate a disturbed land area and unsightly feature of the Town. 2 . The project will generate additional property tax revenue for the Town on a long-term basis. During construction of the project, additional public revenues will result from sales taxes on building materials, and business license fees relating to construction employees, etc. 3 . The addition of 22 market rate housing units will help the Town meets its Housing Element goals . 4 . Although the proposed project represents elimination of a significant amount of private open space, it will provide public trails and access to open space areas of the project site as well as linking to adjacent public open space areas. 34