01-13-2022 Searchable Packet.pdf — Cupertino City Council, January 13, 2022 (part 1 of 3)

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.

Thursday, January 13, 2022
6:45 PM
Televised Special Meeting

TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting without a physical location to help stop the spread of COVID-19.

Members of the public wishing to observe the open session meeting may do so in one of the following ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the following ways:
1) E-mail comments by 4:30 p.m. on Thursday, January 13 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting.
2) E-mail comments for during the times for public comment during the meeting to the City Clerk at [email protected]. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s discretion to shorten time for public comments). Members of the public that wish to share a document must email [email protected] prior to speaking. 3) Teleconferencing Instructions
Members of the public may provide oral public comments pertaining to the agenda during the teleconference meeting as follows:

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Oral public comments will be accepted during the teleconference meeting. Comments may be made during the public comment period for each agenda item.

To address the City Council, click on the link below to register in advance and access the meeting:

Online
https://cityofcupertino.zoom.us/webinar/register/WN_zlrkw-2BQvSd4T7DZjEcyw Phone
Dial: 669-900-6833 and enter Webinar ID: 960 2832 3865 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Or an H.323/SIP room system:

H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 960 2832 3865
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make public comment pertaining to the agenda but do not wish to provide your name, you may say “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.

4. When called, please limit your remarks to the time allotted and the specific agenda topic.

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In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance.

In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Thursday, January 13, 2022, commencing at 6:45 p.m. In accordance with Government Code 54953(e), this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."

SPECIAL MEETING

ROLL CALL

PUBLIC HEARINGS

1. Subject: Consider a development proposal to demolish an existing commercial building and residential unit, remove and replace four (4) protected trees, and construct a mixed-use development consistent of 18 units (five apartments, five single-family homes, and eight townhomes), and 4,500 square feet of commercial space. (Application No(s): EA-2018-06, Z-2018-02, DP-2018-07, TM-2018-04, U-2018-04, ASA-2018-09, TR-2018-39; Applicant(s): Dan Shaw (SCR Enterprises); Location 10625 South Foothill Boulevard; APN#s 342-16-087, -088)
Recommended Action: The Planning Commission recommends that the City Council:

A. Adopt Resolution No. 22-001, adopting the Mitigated Negative Declaration and associated mitigations as conditions of approval (EA-2018-06); B. Introduce and Conduct the first reading of Ordinance No. 22-2236 “An Ordinance of the City Council of the City of Cupertino approving the Rezoning of two parcels from Planned Development with General Commercial Uses (P(CG)) to Planned Development with General Commercial and Residential Uses (P(CG, Res))" (Z-2018-02); C. Adopt Resolution No. 22-002 approving the Development Permit (DP-2018-07); D. Adopt Resolution No. 22-003 approving the Architectural and Site Approval Permit (ASA-2018-09);
E. Adopt Resolution No. 22-004 approving the Conditional Use Permit (U-2018-04); F. Adopt Resolution No. 22-005 approving the Tree Removal Permit (TR-2018-39); and G. Adopt Resolution No. 22-006 approving the Tentative Map Permit (TM-2018-04)

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Staff Report
A – Draft Resolution for EA-2018-06
B – Draft Ordinance for Z-2018-02
C – Draft Resolution for DP-2018-07
D – Draft Resolution for ASA-2018-09
E – Draft Resolution for U-2019-04
F – Draft Resolution for TR-2018-39
G – Draft Resolution for TM-2018-04
H - Initial Study - Mitigated Negative Declaration
I – Environmental Review Committee Recommendation
J – Project Plans

2. Subject: Consider a development proposal to demolish an existing commercial building and construct a new nine (9) unit single-family home development including one (1) home containing an Accessory Dwelling Unit (ADU). (Application No(s):

EA-2020-001, Z-2020-001, DP-2020-001, TM-2020-001, ASA-2020-003, and U-2020-001; Applicant(s): Alan Enterprise LLC; Location: 22690 Stevens Creek Boulevard; APN#s 341-14-066, 342-14-104 & 105)
Recommended Action: The Planning Commission recommends that the City Council:

1. Adopt Resolution No. 22-007 adopting the Mitigated Negative Declaration (EA-2020 -001) (Attachment A);

2. Introduce and conduct the first reading of Ordinance No. 22-2237, “An Ordinance of the City Council of the City of Cupertino approving the Rezoning of three parcels from Planned Development Zoning with General Commercial uses (P(CG)) to Planned Development Zoning with General Commercial and Residential uses (P(CG, Res))” (Z2020-001) (Attachment B);

3. Adopt Resolution No. 22-008 approving the Development Permit (DP-2020-001) (Attachment C);

4. Adopt Resolution No. 22-009 approving the Architectural and Site Approval (ASA2020-003) (Attachment D);

5. Adopt Resolution No. 22-010 approving the Use Permit (U-2020-001) (Attachment E); and

6. Adopt Resolution No. 22-011 approving the Tentative Map (TM-2020-001) (Attachment F).

Staff Report
A - Draft Resolution for EA-2020-001
B - Draft Ordinance for Z-2020-001
C - Draft Resolution for DP-2020-001
D - Draft Resolution for ASA-2020-003
E - Draft Resolution for U-2020-001
F - Draft Resolution for TM-2020-001

G - IS-MND
H - ERC Recommendation
I - Project Plans
J - Comment Received

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ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
21-10287 Agenda Date: 1/13/2022
Agenda #: 1.

Subject: Consider a development proposal to demolish an existing commercial building and residential unit, remove and replace four (4) protected trees, and construct a mixed-use development consistent of 18 units (five apartments, five single-family homes, and eight townhomes), and 4,500 square feet of commercial space. (Application No(s): EA-2018-06, Z-2018-02, DP-2018-07, TM-2018-04, U-2018-04, ASA-2018-09, TR-2018-39; Applicant(s): Dan Shaw (SCR Enterprises); Location 10625 South Foothill Boulevard; APN#s 342-16-087, -088)
The Planning Commission recommends that the City Council:

A. Adopt Resolution No. 22-001, adopting the Mitigated Negative Declaration and associated mitigations as conditions of approval (EA-2018-06);
B. Introduce and Conduct the first reading of Ordinance No. 22-2236 “An Ordinance of the City Council of the City of Cupertino approving the Rezoning of two parcels from Planned Development with General Commercial Uses (P(CG)) to Planned Development with General Commercial and Residential Uses (P(CG, Res))" (Z-2018-02); C. Adopt Resolution No. 22-002 approving the Development Permit (DP-2018-07); D. Adopt Resolution No. 22-003 approving the Architectural and Site Approval Permit (ASA2018-09); E. Adopt Resolution No. 22-004 approving the Conditional Use Permit (U-2018-04); F. Adopt Resolution No. 22-005 approving the Tree Removal Permit (TR-2018-39); and G. Adopt Resolution No. 22-006 approving the Tentative Map Permit (TM-2018-04) CITY OF CUPERTINO Page 1 of 1 Printed on 1/6/2022
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CITY COUNCIL STAFF REPORT
Meeting: January 13, 2021
Subject
Consider a development proposal to demolish an existing commercial building and residential unit, remove and replace four (4) protected trees, and construct a mixed-use development consistent of 18 units (five apartments, five single-family homes, and eight townhomes), and 4,500 square feet of commercial space. ( Application No(s): EA-2018-06, Z-2018-02, DP-2018-07, TM-2018-04, U-2018-04, ASA-2018-09, TR-2018-39; Applicant(s):

Dan Shaw (SCR Enterprises); Location 10625 South Foothill Boulevard; APN#s 342-16- 087, -088)
Recommended Actions
The Planning Commission recommends that the City Council:

A. Adopt Resolution No. 22-XXX, adopting the Mitigated Negative Declaration and associated mitigations as conditions of approval (EA-2018-06); B. Introduce and Conduct the first reading of Ordinance No. 21-XXXX “An Ordinance of the City Council of the City of Cupertino approving the Rezoning of two parcels from Planned Development with General Commercial Uses (P(CG)) to Planned Development with General Commercial and Residential Uses (P(CG, Res))” (Z-2018-02);
C. Adopt Resolution No. 22-XXX approving the Development Permit (DP-2018-07); D. Adopt Resolution No. 22-XXX approving the Architectural and Site Approval Permit (ASA-2018-09);
E. Adopt Resolution No. 22-XXX approving the Conditional Use Permit (U-2018-04); F. Adopt Resolution No. 22-XXX approving the Tree Removal Permit (TR-2018-39); and
G. Adopt Resolution No. 22-XXX approving the Tentative Map Permit (TM-2018-04) 7 CC 01-13-2022
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Project Data:

General Plan Land Use Designation Commercial/Residential Neighborhood Area Inspiration Heights
Zoning Designation
P (CG) Planned Development Zoning
with General Commercial Uses
Net/Gross Lot Area 1.378 acres/1.546 acres
Allowed/Required Proposed
Residential Density 15 du/acre 12.98 du/acre
Height of Structures Up to 30 feet 30 feet
Rowhomes/Townhomes 8
Single Family Homes 5
Apartments 5
Commercial Sq. Ft. 4,500 sq. ft.

Setbacks
Front* N/A 0’
Side* N/A 13’2”
Side* N/A 10’
Rear* N/A 6’
Parking Auto
Residential (Townhomes/Single Fam.) 37 37
Residential (Apartments 10 10
Commercial 18 18
Total 65 65
Bicycle Parking
Class I 3 5
Class II 5 18
Total 8 23
Project Consistency
General Plan Land Use Designation Yes
Zoning: Yes, with Zone Map Amendment
Environmental Assessment
Initial Study with a Mitigated
Negative Declaration
* The site is located in a Planned Development (P) zoning district. Chapter 19.80 of the Municipal Code allows the establishment of specific development standards and regulations with the approval of definitive plans for a site.
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Application Requests
The applicant, Dan Shaw of SCR Enterprises, is requesting permits to allow the construction of a mixed-use development on a 1.378 net acre site currently occupied by a commercial shopping building and a residential unit. The project would demolish an existing commercial building and residential unit, remove and replace four (4) protected trees, and construct a mixed-use development consistent of 18 units (five apartments, five single family homes, and eight townhomes), and 4,500 square feet of commercial space.

The following City permits would be required: Zone Map Amendment, Development Permit, Architectural and Site Approval, Tree Removal, and Use Permit. A Vesting Tentative Map is proposed to divide the property from two parcels to 15 parcels for 13 homes, on mixed-use parcel, and a common parcel. Prior to approval of permits, the City has to also adopt a Negative Declaration as the appropriate environmental review for the project pursuant to state law.

Site and Location Description
The project known as
Canyon Crossings (on the
former Foothill Market site)
is located in the Inspiration
Heights neighborhod area
of the General Plan. The
shopping center is on
approximately 1.546 gross
acres located on South
Foothill Boulevard/Stevens
Canyon Road. The
surrounding land uses
include a townhome
development to the north,
duplexes and rowhomes to the east and single family homes to the south and west (see Figure 1). The existing commerical and residential buildings (13,225 squre feet) are currently vacant.

Figure 1: Project Vicinity
N
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General Plan and Zoning Compliance
The proposed use is consistent with the General Plan Land Use Designation of Commercial/Residential. The applicant has applied for a Zone Map Amendment (Z-2018- 02) to allow for a mixed-use development. The City’s General Plan and Planned Development zoning designation allows flexible development standards in developing projects and site-specific regulations when reviewing projects. Additionally, because the project was not listed as a Priority Housing Site in the City’s General Plan: Community Vision 2015-2040 (General Plan), the project is required to obtain a Use Permit (U-2019- 04) as part of the entitlement process.

The General Plan’s Community Form Diagram establishes several development standards in the City, including height and density. The site has a maximum height of 30 feet and a maximum density of 15 dwelling units per acre. The project proposes a density of 12.98 dwelling units per acre.

Staff has evaluated the project’s consistency with the General Plan and concludes that based on the conformance with the General Plan Land Use Designation, the proposed Zone Map Amendment, and the Initial Study Mitigated Negative Declaration (further discussed in detail in the Environmental Review section of this Staff Report), the proposed project supports several of the City’s other General Plan goals including:
 Policy LU-1.3: Land Use in All City-wide Mixed-Use Districts - Encourage land uses that support the activity and character of mixed-use districts and economic goals.  Policy LU-5.2: Mixed-Use Villages - Where housing is allowed along major corridors or neighborhood commercial areas, development should promote mixed-use villages with active ground floor uses and public space. The development should help create an inviting pedestrian environment and activity center that can serve adjoining neighborhoods and businesses.
 Goal LU-26 – Retain commercial areas adjacent to neighborhoods and retrofit or encourage redevelopment as neighborhood centers in a pedestrian-oriented and bike-friendly environment.
 HE-1.3.4: Flexible Development Standards - The City recognizes the need to encourage a range of housing options in the community. The City will continue to:
o Offer flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratios and setbacks, particularly for higher density and attached housing developments.
o Consider granting reductions in off-street parking on a case-by-case basis for senior housing.
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Development Regulations
The project site defers to the development standards of the General Plan, and Planned Development “P” zoning designation. The “P” zoning designation is detailed in Cupertino Municipal Code Chapter 19:80 Planned Development Zones. The “P” zoning designation is intended to provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and land development. While in the Planned Development zoning district, development has to adhere to Multifamily (R3) zoning regulations, as an alternative, applicants can, in conjunction with rezoning, apply for a discretionary review of the project and propose alternative standards. Once established, the development standards approved as part of the definitive plan for the project become the zoning requirements for the site. The applicant has proposed the alternative standards for the project as indicated in the tables in this section:

Required Proposed
Front Setback along Foothill Blvd.
and Stevens Canyon Blvd. * N/A 0
Side Setback (North)* N/A 13 feet 2 inches
Side Setback (South)* N/A 10 feet
Rear Setback * N/A 6 feet
Private Open Space* N/A 60 square feet unit minimum
Height 30 feet 30 feet
* The site is located in a Planned Development (P) zoning district. Chapter 19.80 of the Municipal Code allows the establishment of specific development standards and regulations with the approval of definitive plans for a site.

The project proposes several different building types and models with varying sizes, setbacks and heights. The mixed-use commercial and residential building, with ~4,500 sq. ft. and 5 apartments is located at the front property line with a proposed front setback of zero (0) feet. To the rear and sides of the building are two drive aisles providing access to the site and the 8 townhomes and 5 single family residential units. (See Figure 2 below) The following table indicates the setbacks, heights and the private open space for the residential units in the development:
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Side
Left
Side Height Private Open Space (square footage)
Unit 1 14'10 13'2" 4'5" 0' 28'8" 555
Unit 2 14'10 15'4" 0' 0' 28'8" 461
Unit 3 14'10 15'5" 6'0 0' 28'8" 591
Unit 4 16'6" 12'6.5" 0' 6'0 29'4.5" 496
Unit 5 16'6" 12'6.5" 6'0 0' 29'4.5" 496
Unit 6 15'8" 13'11.5" 0' 6'2" 29'4.75" 377
Unit 7 15'8" 12'11.5" 0' 6'2" 29'4.75" 350
Unit 8 15'8" 11'11.5" 0' 6'2" 29'4.75" 324
Unit 9 15'7" 11'0" 0' 6'2" 29'4.75" 297
Unit 10 15'6" 10'0" 0' 5'7" 29'4.75" 254
Unit 11 14'0" 10' 0' 11'3.5" 28'8.75" 363
Unit 12 14'0" 11'10" 0' 0' 28'8.75" 356
Unit 13 14'0" 11'9" 5'10" 0' 28'8.75" 422
Mixed Use
Building 0' 0 0 0 29'11.75" 61 - 147
The project has drawn from the open space requirements in the Heart of the City Specific Plan for the proposed project. Therefore, the applicant proposes open space within the project as indicated in the following table:

Figure 2: Site Plan
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Requirements Proposed
Common Open Space
Residential 2,700 sq. ft. (150 sq. ft. per unit ) 2,990 sq. ft.

Commercial 112.5 sq. ft. (2.5% of 4,500 sq. ft.) 1,657 sq. ft.

Private Open Space 60 sq. ft./unit and no dimension
less than 6 feet
Varies by unit (see
Table above)
Site Planning and Architectural Design
The proposed development is located where Foothill Boulevard transitions into Stevens Canyon Road. The project has one frontage along Foothill Boulevard/Stevens Canyon, and proposes two driveways – one aligned with McClellan Road and the other with St.

Andews Avenue – for access to the public right of way.

The project proposes to locate the less intensive use, the townhomes closer to the abutting existing residential uses and the mixed-use building closer to Stevens Canyon Road, to create a separation from the exclusively residential uses. A plaza is proposed at the entrance closest to McClellan Road. With the prominent location of the plaza, the project creates an active space for the site and commercial component. The applicant proposes different site furniture such as tables,
benches, and planters to enhance the
area. The development frontage is
bookended by prominent planting
areas to help transition the area from
residential to commercial, and to
partially screen parking facilities
from the right of way. Parking
toward the public right of way (in
addition to underground parking) is
provided to ensure ease of access for
commercial users. The site also
incorporates different paving
materials near active pedestrian uses
to help users be aware of the active
uses.

The mixed-use building uses prominent corners, contrasting materials, and a metal cap to help break the massing of the proposed building. While only a portion of the building contains a commercial component at the ground floor (the remaining portion Figure 3: Commercial and Residential Common Open Space
Commercial
Common Open
Space
Residential Common
Open Space
Comm. Parking
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The site uses similar colors, materials, and architectural styles to connect the mixed-use building to those of the single-family residences.

Landscaping of the site incorporates various types of ground cover and plantings.

Proposed plantings are to be of low water use. Along the perimeter where the proposed homes abut existing single-family homes, the project incorporates Pittosporum tenuifolium as privacy plantings to screen views into adjacent properties.

Tree Removal and Replacement
The development proposes to remove and replace four (4) protected development trees.

The trees identified for removal would be directly impacted by development and would require removal. The trees proposed for removal are one persimmon tree (12” DBH), one oak (16” DBH), one palm tree (16” DBH), and one redwood (52” DBH).

The applicant is proposing to replace the removed trees with six (6) 24” box Coast Live Oak and one (1) 36” box Coast Live Oak consistent with the City’s requirements.

Additionally, the applicant proposes nine (9) additional trees throughout the site as well as various plantings throughout the site. The replacement trees and all vegetation in the development will be protected.

Traffic, Circulation and Parking Analysis
As part of the environmental analysis, traffic impacts of the proposed project were evaluated. These impacts were found to be less than significant based on generating 132 fewer daily vehicle trips, 31 fewer daily Vehicle Miles Traveled (VMT), and 11,209 fewer annual VMT than the existing use. Additionally, the project would not generate a demand for transit that would exceed the capacity of the system. Coupled with the project being consistent with adopted policies, plans, or programs regarding pedestrian and bicycle facilities that project would have a less than significant impact.

The proposed development has been parked to meet the City’s automobile parking requirements found in Chapter 19.124: Parking Regulations. There is no required bicycle parking for the townhomes and small lot single-family homes. However, the mixed use building has provided more bicycle parking than required by the Municipal Code.

Vesting Tentative Map
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Below Market Rate Units
The project would provide 15% Below Market Rate (BMR) units consistent with the City’s BMR Manual when the project was submitted. To be consistent with the City’s 15% BMR program requirements, the applicant would provide a total of three (3) affordable units, two (2) for sale units and one (1) apartment. One (1) for sale unit would be provided to a moderate income household, and the other to a median income household. The apartment must be provided to a very-low income household. The units must be affordable for 99 years. The City would administer the BMR housing units.

Signage
Signage details are not included in this permit application. Staff will review the signage proposal with the property owner at the time the applicant applies for a sign permit through the Building Division.

Project History
On September 14, 2018 the applicant submitted an application that was deemed complete on January 6, 2021. The project was evaluated in the Draft Initial Study and Mitigated Negative Declaration. The Initial was heard before the Environmental Review Committee on October 28, 2021 where the Committee recommended adoption of the Initial Study and Mitigated Negative Declaration with a 5-0-0 vote, see Attachment I.

Other Department/Agency Review
The City’s Building Division, Public Works Department, Environmental Services Division, Cupertino Sanitary District and the Santa Clara County Fire Department have reviewed and conditioned the project.

Housing Accountability Act
The Housing Accountability Act (HAA), California Government Code Section 65589.5(j), requires that when a proposed housing development complies with the applicable, objective general plan and zoning standards, but a local agency proposes to deny the project or approve it only if the density is reduced, the agency must base its decision on written findings supported by substantial evidence that:

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2. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval, or approval at a lower density.

Subdivision (j) of the HAA also requires the local agency to identify and provide written documentation of the reasons why a proposed housing development is inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other provision within 30 days of the date that the application for the housing development project is determined to be complete if the housing development project contains 150 or fewer housing units.

The proposed project has been determined to comply with applicable, objective general plan and zoning standards, including maximum height, density, minimum setbacks, useable common and private open space, and number of parking spaces. Thus, subdivision (j) of the Housing Accountability Act applies. Staff is not aware of any basis to make the findings listed above.

Environmental Review
A Draft Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project (See Attachment H.) The Mitigated Negative Declaration (MND) identifies mitigation measures in the following areas, to reduce the potential environmental impacts of the project to less than significant levels:
 Air Quality: Construction shall comply with BAAQMD’s recommendations for reducing construction emissions of fugitive dust, and shall ensure construction emissions are reduced.
 Biological Resources: The project shall protect nests of raptors and other birds when in active use.
 Cultural and Tribal Resources: The project shall incorporate mitigations in the event any cultural resources or archaeological are found on site. This includes consulting with a tribal representative as well as paleontologist.  Noise Levels: Construction shall comply with the Noise Ordinance and best management practices for noise mitigation, and ensure mechanical equipment selected meet the City’s noise ordinance.
 Geology and Soils: The project shall incorporate mitigation in the event any fossilbearing deposits are discovered on-site.  Utilities: Demonstrate to the City and Cupertino Sanitary District that the project would not exceed peak wet weather flow capacity of the Santa Clara sanitary sewer system.

As part of the environmental analysis, Staff consulted with the Tamien Nation per the regulations of Assembly Bill 52. The Tamien Nation requested modifications to the 16 CC 01-13-2022
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EA-2018-06, Z-2018-02, DP-2018-07,
ASA-2018-09, U-2019-04, Canyon Crossing January 13, 2021 TM-2018-04, TR-2018-39 10625 South Foothill Boulevard Page 11 Cultural and Tribal Resources. As a result of the consultation, Staff updated to the Cultural and Tribal Resources mitigation to include tribal consultation. The mitigation now specifically references the Tamien Nation as the tribe to consult, see Attachment H.

The mitigation measures have been added as condition of approval for this project.

The Notice of Intent (NOI) to adopt a MND was placed in the newspaper. In addition, the NOI was mailed to notify neighbors and interested parties that a Draft MND had been prepared which the City intends to adopt. The 20-day Public Review Period for the Draft MND was between March 25, 2021 and April 13, 2021.

The Environmental Review Committee (ERC) heard the item at its October 28, 2021 and after the public hearing, recommended that the City Council adopt a Mitigated Negative Declaration (EA-2018-06) on a 5-0-0 vote with the identified mitigation measures with the identified mitigation measures (Attachment A and I).

Public Outreach and Noticing
The following table is a brief summary of the noticing done for this project:

Notice of Public Hearing, Site Notice & Legal
Ad
Agenda
 Site Signage (10 days prior to the hearing)
 Legal ad placed in newspaper (at least 10 days
prior to the hearing)
 Public hearing notices were mailed to
property owners within 300’ of the project site
(10 days prior to the hearing)
 Posted on the City’s official notice
bulletin board (one week prior to the
hearing)
 Posted on the City of Cupertino’s
website (one week prior to the
hearing)
Public Comment
No public comments have been provided.

Planning Commission Meeting:

At the Planning Commission meeting, the following topics were discussed:
 Outreach
 Unit Mix
 Potential commercial tenant(s) in the commercial space  Circulation (vehicular and bicycle).

Upon discussion, the Planning Commission voted 5-0 to recommend that the City Council approve the project.
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EA-2018-06, Z-2018-02, DP-2018-07,
ASA-2018-09, U-2019-04, Canyon Crossing January 13, 2021 TM-2018-04, TR-2018-39 10625 South Foothill Boulevard Page 12 Sustainability Impact
No sustainability impacts.

Fiscal Impact
No fiscal impact.

Conclusion
Planning Commission recommends approval of the project since the project and conditions of approval address all concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapters 19.156,

19.168, 19.48, and 14.18 of the Cupertino Municipal Code, may be made.

Next Steps
If Council adopts the Planning Commission recommendation, the project will be approved contingent on the second reading of the Zoning Ordinance amendment (see Resolution Z-2020-001). All approvals granted by the City Council in conjunction with the zoning map amendment will be effective 30 days after the second reading of the ordinance. Council may also choose to deny the project, continue the hearing, or take other action permissible under the Municipal Code.

Prepared by: Erick Serrano, Senior Planner
Piu Ghosh, Planning Manager
Reviewed by: Benjamin Fu, Director of Community Development Approved for Submission by: Dianne Thompson, Assistant City Manager ATTACHMENTS:

A – Draft Resolution for EA-2018-06
B – Draft Ordinance for Z-2018-02
C – Draft Resolution for DP-2018-07
D – Draft Resolution for ASA-2018-09
E – Draft Resolution for U-2019-04
F – Draft Resolution for TR-2018-39
G – Draft Resolution for TM-2018-04
H – Initial Study/Mitigated Negative Declaration
I – Environmental Review Committee Recommendation
J – Project Plans
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1 RESOLUTION NO. ______

A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING A

MITIGATED NEGATIVE DECLRATION, MITIGATION MEASURES, AND A

MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
DEVELOPMENT OF EIGHTEEN (18) RESIDENTIAL UNITS
AND 4,500 SQ. FT. OF COMMERCIAL SPACE AT 10625 SOUTH FOOTHILL BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: EA-2018-06
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of Cupertino received an application on September 14, 2018 for a Zoning Map Amendment, Development Permit, Architectural and Site Approval, Use Permit, Tentative Map, and Tree Removal Permit, to allow the development of a new mixed-use development consisting eighteen (18) residential units and 4,500 sq. ft. of commercial with associated site and landscaping improvements, and associated environmental review (“Project”); and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, the Project is described in the March 2021 “Public Draft Initial Study for Canyon Crossings Mixed-Use Project” (“Draft IS/MND”); and WHEREAS, on March 25, 2021 the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration; and
WHEREAS, on March 25, 2021, the IS/MND for the project was distributed to responsible agencies and the public for review and comment for a 20-day period that ended April 13, 2021; and
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2 WHEREAS, the IS/MND concluded that significant environmental effects on Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, Tribal and Cultural Resources, and Utilities and Service Systems would be avoided or reduced to less-thansignificant levels by mitigation measures (“MM”) identified in the IS/MND; and WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 5-0-0 to recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation measures; and
WHEREAS, the Planning Commission independently reviewed and considered the IS/MND together with the comments and the responses to those comments prior to taking action on the Project; and
WHEREAS, the comments received by the Planning Commission do not require major revisions to the IS/MND due to new or substantially more severe significant effects on the environment; and
WHEREAS, text revisions made after publication of the Draft IS/MND, which are found in the October 2021 Final Draft Initial Study, merely clarify, amplify or make insignificant modifications to the IS/MND, and recirculation of the IS/MND is not required.

WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 5-0-0 vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the City Council has independently reviewed and considered the IS/MND together with the comments and the responses to those comments prior to taking action on the Project; and
WHEREAS, the comments received by the City Council do not require major revisions to the IS/MND due to new or substantially more severe significant effects on the environment; and
WHEREAS, on January 13, 2022 prior to taking action on the Project, the City Council held a duly noticed public hearing to receive staff’s presentation and public testimony, and to further consider the information contained in the IS/MND, along with all staff 20 CC 01-13-2022
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3 reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of the IS/MND, comments on the IS/MND, maps, facts, exhibits, testimony, staff reports, public comments, and other evidence submitted in this matter, the City Council:

1. Finds that the IS/MND for the Project has been completed in compliance with CEQA and reflects the independent judgment and analysis of the City.

2. Finds that, on the basis of the whole record before it, there is no substantial evidence that the Project as proposed and mitigated will have a significant effect on the environment.

3. Finds that the text revisions to the IS/MND merely clarify, amplify or make insignificant modifications to the IS/MND; therefore, recirculation of the IS/MND is not required.

4. Adopts the Mitigated Negative Declaration for the Project.

5. Adopts and incorporates into the Project all of the mitigation measures identified in the IS/MND. The City Council further makes the mitigation measures, which are listed below, required conditions of approval of the Project to the extent they are within the responsibility and jurisdiction of the City:
a. AIR QUALITY
Mitigation Measure AQ-1: The project’s construction contractor shall comply with the following best management practices for reducing construction emissions of fugitive dust (PM10 and PM2.5) as required by the Bay Area Air Quality Management District Revised California Environmental Quality Act Air Quality Guidelines:
 Water all active construction areas at least twice daily, or as often as needed to control dust emissions. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible.
 Pave, apply water twice daily or as often as necessary to control dust, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.
 Cover all trucks hauling soil, sand, and other loose materials. 21 CC 01-13-2022
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4  Sweep daily (with water sweepers using reclaimed water if possible) or as often as needed all paved access roads, parking areas and staging areas at the construction site to control dust.
 Sweep public streets daily (with water sweepers using reclaimed water if possible) in the vicinity of the project site, or as often as needed, to keep streets free of visible soil material.
 Hydroseed or apply non-toxic soil stabilizers to inactive construction areas.  Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt/sand).
 Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.  Replant vegetation in disturbed areas as quickly as possible and water appropriately until vegetation is established.
 Install sandbags or other erosion control measures to prevent silt runoff from public roadways.
 All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.

Mitigation Measure AQ-2: During construction, the construction contractor(s) shall:
 Use construction equipment that have engines that meet either the United States Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 4 Interim emissions standards for off-road diesel-powered construction equipment with more than 50 horsepower, unless it can be demonstrated to the City of Cupertino Building Division that such equipment is not available. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Tier 4 Interim emissions standards for a similarly sized engine, as defined by the CARB’s regulations.
 Prior to issuance of any construction permit, ensure that all construction plans submitted to the City of Cupertino Planning Department and/or Building Division clearly show the requirement for Tier 4 Interim emissions standards for construction equipment more than 50 horsepower.  Maintain a list of all operating equipment in use on the project site for verification by the City of Cupertino Building Division official or their designee. The construction equipment list shall state the makes, models, and number of construction equipment on site.
 Ensure that all equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations.
 Communicate with all sub-contractors in contracts and construction documents that all nonessential idling of construction equipment is 22 CC 01-13-2022
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5 restricted to 5 minutes or less in compliance with CARB Rule 2449 and is responsible for ensuring that this requirement is met.
b. BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nests of raptors and other birds shall be protected when in active use, as required by the federal Migratory Bird Treaty Act and the California Fish and Game Code. The construction contractor shall indicate the following on all construction plans, if construction activities and any required tree removal occur during the breeding season (February 1 and August 31).  Preconstruction surveys shall:
 Be conducted by a qualified biologist prior to tree removal or grading, demolition, or construction activities. Note that preconstruction surveys are not required for tree removal or construction, grading, or demolition activities outside the nesting period.
 Be conducted no more than 14 days prior to the start of tree removal or construction.
 Be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped.
 Document locations of active nests containing viable eggs or young birds.  Protective measures for active nests containing viable eggs or young birds shall be implemented under the direction of the qualified biologist until the nests no longer contain eggs or young birds, and the young have left the nest and are foraging independently, or the nest is no longer active. Protective measures shall include:
 Establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.
 Monitoring active nests within an exclusion zone on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status.
 An increase in the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with the California Department of Fish and Wildlife. 23 CC 01-13-2022
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6 c. CULTURAL RESOURCES
Mitigation Measure CULT-1: A representative from the Tamien Nation shall be retained and permitted on-site at all times during ground disturbance (including grading, demolition and/or construction) to monitor for potential prehistoric or historic subsurface cultural resources. Notice shall be given to the Tamien Nation in a manner requested by the Tamien Nation at least five (5) days before any ground disturbing activity. Prior to ground disturbance activities, construction workers conducting the ground disturbing activities shall undergo cultural resource sensitivity training conducted by the on-site Tamien Nation representative.

If any prehistoric or historic subsurface cultural resources are discovered during ground-disturbing (including grading, demolition and/or construction) activities:
 All work within 50 feet of the resources shall be halted, the City shall be notified, and a qualified archaeologist and Tamien Nation representative shall be consulted. The contractor shall cooperate in the recovery of the materials. Work may proceed on other parts of the project site while mitigation for tribal cultural resources, historical resources or unique archaeological resources is being carried out.
 The qualified archaeologist shall prepare a report for the evaluation of the resource to the California Register of Historical Places and the City Building Department. The report shall also include appropriate recommendations in collaboration with a Tamien Nation representative regarding the significance of the find and appropriate mitigations as follows:
 If the resource is a non-tribal resource, the archaeologist shall assess the significance of the find according to CEQA Guidelines Section 15064.5.  If the resource is a tribal resource – whether historic or prehistoric – the consulting archaeologist shall consult with the Tamien Nation to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation, or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) may be implemented.
 All significant non-tribal cultural materials recovered shall be, as necessary, and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards.
d. GEOLOGY AND SOILS
Mitigation Measure GEO-1: The construction contractor shall incorporate the following in all grading, demolition, and construction plans:
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7  In the event that fossils or fossil-bearing deposits are discovered during grading, demolition, or building, excavations within 50 feet of the find shall be temporarily halted or diverted.
 The contractor shall notify the City of Cupertino Building Department and a City-approved qualified paleontologist to examine the discovery.  The paleontologist shall document the discovery as needed, in accordance with Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assess the significance of the finding under the criteria set forth in CEQA Guidelines Section 15064.5.
 The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.
 If the project applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important.

The excavation plan shall be submitted to the City for review and approval prior to implementation.
e. NOISE
Mitigation Measure NOISE-1: The following shall be incorporated in all activity phases and construction plans, as required by the Cupertino Municipal Code (CMC). Construction activities shall take place only during daytime hours of 7:00 a.m. and 8:00 p.m. on weekdays and due to the close proximity of the adjacent residential land use to the west, construction may occur on the weekends, holidays or nighttime only if a special exception has been granted by the City. In addition, the construction crew shall adhere to the following best management practices:
 At least 90 days prior to the start of any construction, demolition or grading activities, all off-site businesses and residents within 300 feet of the project site will be notified of the planned activities. The notification will include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration.

The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint.
 The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Building Department and Code Enforcement for review and approval prior to issuance of any grading, demolition, and/or building permits. The Construction Noise Plan shall 25 CC 01-13-2022
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8 demonstrate compliance with the 80-dBA limit in the CMC. The details of the Construction Noise Control Plan, including those details listed herein, shall be included as part of the permit application drawing set and as part of the construction drawing set, shall be implemented by the on-site Construction Manager, and shall include, but not be limited to, the following available controls to comply with the 80 dBA performance standard:
 At least 10 days prior to the start of construction activities, a sign will be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they will investigate, take appropriate corrective action, and report the action to the City.
 During the entire active construction period, equipment and trucks used for project construction will utilize the best available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible.
 Include noise control requirements for equipment and tools, including concrete saws, to the maximum extent feasible. Such requirements could include, but are not limited to, erecting temporary plywood noise barriers between construction areas and nearby sensitive receptors; performing work in a manner that minimizes noise; and undertaking the noisiest activities during times of least disturbance to nearby sensitive receptors.  During the entire active construction period, stationary noise sources will be located as far from sensitive receptors as possible, and they will be muffled and enclosed within temporary sheds, or insulation barriers or other measures will be incorporated to the extent feasible.
 During the entire active construction period, noisy operations will be conducted simultaneously to the degree feasible in order to reduce the time periods of these operations.
 Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
 Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.
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9  During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws.

Mitigation Measure NOISE-2: Mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the Cupertino Municipal Code noise limits of 60 dBA and 50 dBA at residential uses during daytime and nighttime, respectively, and 65 dBA and 55 dBA at non-residential sensitive uses during daytime and nighttime, respectively. A qualified acoustical consultant shall be retained to review mechanical noise as these systems are selected to determine specific noise reduction measures necessary to reduce noise to comply with the City’s noise level requirements. Mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the City’s noise level requirements. Noise reduction measures could include, but are not limited to:
 Selection of equipment that emits low noise levels;
 Installation of noise dampening techniques, such as enclosures and parapet walls, to block the line-of-sight between the noise source and the nearest receptors; or
 Locating equipment in less noise-sensitive areas, where feasible.

Mitigation Measure NOISE-3: If paving activity during construction is required within 25 feet of nearby residential structures, the use of a static roller in lieu of a vibratory roller shall be employed. Grading and earthwork activities within 15 feet of adjacent residential structures shall be conducted with off-road equipment that is limited to 100 horsepower or less. This mitigation measure shall be identified on the permit application drawing set and as part of the construction drawing set, and shall be implemented by the on-site Construction Manager. f. TRIBAL CULUTRAL RESOURCES
Mitigation Measure TCR-1: Implement Mitigation Measure CULT-1. g. UTILITIES AND SERVICE SYSTEMS
Mitigation Measure UTIL-1: No building permits shall be issued by the City for the proposed Canyon Crossing Mixed-Use Project that would result in exceeding the permitted peak wet weather flow capacity of 13.8 mgd through the Santa Clara sanitary sewer system. The project applicant shall demonstrate, to the 27 CC 01-13-2022
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10 satisfaction of the City of Cupertino and Cupertino Sanitary District (CSD), that the proposed project would not exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer system by implementing one or more of the following methods:

1. Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows; or

2. Increase on-site water reuse, such as increased grey water use, or reduce water consumption of the fixtures used within the proposed project, or other methods that are measurable and reduce sewer generation rates to acceptable levels, to the satisfaction of the CSD.

The proposed project’s estimated wastewater generation shall be calculated using the generation rates used by the CSD in the Flow Modeling Analysis for the Homestead Flume Outfall to the City of Santa Clara, prepared by Mark Thomas & Co. Inc., dated December 6, 2019, unless alternative (i.e., lower) generation rates achieved by the proposed project are substantiated by the project applicant based on evidence to the satisfaction of the CSD. To calculate the peak wet weather flow for a 10-year storm event, the average daily flow rate shall be multiplied by a factor of 2.95 as required by CSD pursuant to their December 2019 flow modeling analysis.

6. Adopts the Mitigation Monitoring and Reporting Program for the Project, as amended, attached hereto as Exhibit EA-1, and incorporated herein by reference, which incorporates all the mitigation measures identified in the Final IS/MND.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 13th day of January 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
________________________
Date
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11 City of Cupertino
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Exhibit EA-1
1 Mitigation Monitoring and Reporting Program
CANYON

CROSSING
10625 S. FOOTHILL BLVD.

APN: 342-16-087 & 088
OCTOBER 2021
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2 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation

AIR QUALITY
Mitigation Measure AQ-1: The project’s construction contractor shall comply with the following best management practices for reducing construction emissions of fugitive dust (PM10 and PM2.5) as required by the Bay Area Air Quality Management District Revised California Environmental Quality Act Air Quality Guidelines:
 Water all active construction areas at least twice daily, or as often as needed to control dust emissions. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible.  Pave, apply water twice daily or as often as necessary to control dust, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.  Cover all trucks hauling soil, sand, and other loose materials.  Sweep daily (with water sweepers using reclaimed water if possible) or as often as needed all paved access roads, parking areas and staging areas at the construction site to control dust.  Sweep public streets daily (with water sweepers using reclaimed water if possible) in the vicinity of the project site, or as often as needed, to keep streets free of visible soil material.
 Hydroseed or apply non-toxic soil stabilizers to inactive construction areas.
 Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt/sand).
 Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.  Replant vegetation in disturbed areas as quickly as possible and water appropriately until vegetation is established.
 Install sandbags or other erosion control measures to prevent silt runoff from public roadways.

During the construction
and post-construction
phases, the project
proponent shall be
responsible for
implementing these
measures, including
improvements.

Improvements
related to these
measures shall
be printed on
all construction
documents,
contracts, and
project plans
and shall be reviewed by
the Director of
Community
Development and the
Director of Public Work
prior to the issuance of
grading and/or building
permits.

City of Cupertino
Public Works and
Building Departments
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3 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
 All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.

Project proponent to ensure
inclusion of these
requirements in all
contracts and permit
documents. Prior to the
issuance of any
construction permit.

Provide documentation
demonstrating
compliance (i.e.
specifications of vehicles
and equipment) and on
the construction
drawings clearly show
the requirement for
Level 3 Diesel
Particulate Filters
emissions standards for
construction equipment
over 50 horsepower.

City of Cupertino
Public Works,
Planning, and
Building Departments
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4 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
Mitigation Measure BIO-1: Nests of raptors and other birds shall be protected when in active use, as required by the federal Migratory Bird Treaty Act and the California Fish and Game Code. The construction contractor shall indicate the following on all construction plans, if construction activities and any required tree removal occur during the breeding season (February 1 and August 31).
 Preconstruction surveys shall:
 Be conducted by a qualified biologist prior to tree removal or grading, demolition, or construction activities. Note that preconstruction surveys are not required for tree removal or construction, grading, or demolition activities outside the nesting period.
 Be conducted no more than 14 days prior to the start of tree removal or construction.
 Be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped.  Document locations of active nests containing viable eggs or young birds.
 Protective measures for active nests containing viable eggs or young birds shall be implemented under the direction of the qualified biologist until the nests no longer contain eggs or young birds, and the young have left the nest and are foraging independently, or the nest is no longer active. Protective measures shall include:
 Establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange
construction fencing or equivalent) around each nest location as determined by the qualified biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion Project proponent to add
this to all construction
plans and contracts to
ensure biologist conducts
pre-construction surveys as
required.

If grading and/or tree
removal begins during
the stated dates in the
mitigation measure, A
final report of nesting
birds, including any
protection measures,
shallbe submitted tothe
Director of Community
Development prior to
the start of demolition.

City of Cupertino
Planning Department
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5 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.
 Monitoring active nests within an exclusion zone on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status.
 An increase in the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with the California Department of Fish and Wildlife.
 Monitoring active nests within an exclusion zone on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status.
 An increase in the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with California Department of Fish and Wildlife.
 The protection measures shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active.

Mitigation Measure CULT-1: A tribal representative shall be permitted on-site at all times during ground disturbance (including grading, demolition and/or construction) to monitor for potential prehistoric or historic subsurface cultural resources. Notice shall be given to the Tribe in a manner requested by the Tribe at least 48 hours before any ground disturbing activity. Prior to ground disturbance activities, construction workers conducting the ground disturbing activities shall undergo cultural resource sensitivity training conducted by the on-site tribal representative.

During site excavation, the
project proponent shall be
responsible for
implementation
ofArchaeological
monitoring. Monitoring
shall be conducted during
earthmoving activities by a
qualified archaeologist.

All archaeological
monitoring and
reporting measures shall
be included inall
construction documents,
and construction
management plans,
contracts, andproject
plans and shall be
reviewed by the
Community
Development Public
Works & Building
Department
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6 Mitigation Measure Timeframe and
Responsibility for
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Method of Compliance Oversight of
Implementation
If any prehistoric or historic subsurface cultural resources are discovered during ground-disturbing (including grading, demolition and/or construction) activities:
 All work within 50 feet of the resources shall be halted, the City shall be notified, and a qualified archaeologist and tribal representative shall be consulted. The contractor shall cooperate in the recovery of the materials. Work may proceed on other parts of the project site while mitigation for tribal cultural resources, historical resources or unique archaeological resources is being carried out.
 The qualified archaeologist shall prepare a report for the evaluation of the resource to the California Register of Historical Places and the City Building Department. The report shall also include appropriate recommendations in collaboration with a tribal representative regarding the significance of the find and appropriate mitigations as follows:
 If the resource is a non-tribal resource, the archaeologist shall assess the significance of the find according to CEQA Guidelines Section 15064.5.
 If the resource is a tribal resource – whether historic or prehistoric – the consulting archaeologist shall consult with the appropriate tribe(s) to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing,
preservation, or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) may be implemented.
 All significant non-tribal cultural materials recovered shall be, as necessary, and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards.

During construction, the
project proponent and
contractor shall
beresponsible for
notification of
anydiscoveries.

Community
Development
Department
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7 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
Mitigation Measure TCR-1: Implement Mitigation Measure CULT-1. During site excavation, the project proponent shall be
responsible for
implementation of
Archaeological monitoring.

Monitoring shall be
conducted during
earthmoving activities by a
qualified archaeologist.

During construction, the
project proponent and
contractor shall be
responsible for notification
of any discoveries.

All archaeological
monitoring and
reporting measures shall
be printed on all
construction documents,
contracts, and project
plans and shall be
reviewed by the Director
of Community
Development
Director of
Community
Development, Public
Works & Building
Department
Mitigation Measure GEO-1: The construction contractor shall incorporate the following in all grading, demolition, and construction plans:
 In the event that fossils or fossil-bearing deposits are discovered during grading, demolition, or building, excavations within 50 feet of the find shall be temporarily halted or diverted.  The contractor shall notify the City of Cupertino Building Department and a City-approved qualified paleontologist to examine the discovery.
 The paleontologist shall document the discovery as needed, in accordance with Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assess the significance of the finding under the criteria set forth in CEQA Guidelines Section 15064.5.
 The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.

At the construction phase,
the project proponent and
contractor shall be
responsible for completing
all improvements.

All attenuation
measures shall be
printed on construction
documents, contracts,
construction
management plan, and
project plans and
reviewed by the Director
of Public Works prior to
issuance of grading
and/or building permits.

City of Cupertino
Public Works &
Building Department
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8 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
 If the project applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The excavation plan shall be submitted to the City for review and approval prior to implementation.

The Construction Noise Plan shall demonstrate compliance with the 80-dBA limit in the CMC. The details of the Construction Noise Control Plan, including those details listed herein, shall be At the construction phase,
the project proponent and
contractor shall be
responsible for completing
all improvements.

All attenuation
measures shall be
printed on construction
documents, contracts,
construction
management plan,
andproject plans and
reviewed by the Director
of Public Works prior to
issuance of grading
and/or building permits.

City of Cupertino
Public Works, and
Planning and Building
Department
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9 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
included as part of the permit application drawing set and as part of the construction drawing set, shall be implemented by the onsite Construction Manager, and shall include, but not be limited to, the following available controls to comply with the 80 dBA performance standard:
 At least 10 days prior to the start of construction activities, a sign will be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they will investigate, take appropriate corrective action, and report the action to the City.
 During the entire active construction period, equipment and trucks used for project construction will utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible.  Include noise control requirements for equipment and tools, including concrete saws, to the maximum extent feasible. Such requirements could include, but are not limited to, erecting temporary plywood noise barriers between construction areas and nearby sensitive receptors; performing work in a manner that minimizes noise; and undertaking the noisiest activities during times of least disturbance to nearby sensitive receptors.  During the entire active construction period, stationary noise sources will be located as far from sensitive receptors as possible, and they will be muffled and enclosed within temporary sheds, or insulation barriers or other measures will be incorporated to the extent feasible.
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10 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
 During the entire active construction period, noisy operations will be conducted simultaneously to the degree feasible in order to reduce the time periods of these operations.
 Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works
Department for approval prior to the start of the construction phase.
 Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.  During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws.

Mechanical equipment shall be selected and designed to reduce impacts At the construction phase,
the project proponent and
contractor shall be
responsible for completing
all improvements.

At the construction
phase, the project
proponent and
contractor shall be
responsible for
completing all
improvements.

City of Cupertino
Public Works, and
Planning and Building
Department
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11 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
on surrounding uses to meet the City’s noise level requirements. Noise reduction measures could include, but are not limited to:
 Selection of equipment that emits low noise levels;
 Installation of noise dampening techniques, such as enclosures and parapet walls, to block the line-of-sight between the noise source and the nearest receptors;
 Locating equipment in less noise-sensitive areas, where feasible.

At the construction phase,
the projectproponent
andcontractor shall
beresponsible
forcompleting
allimprovements.

All attenuation
measures shall be
printed on
constructiondocuments,
contracts, construction
management plan,
andproject plans and
reviewed by the Director
of PublicWorks prior
toissuance of grading
and/or building permits.

City of Cupertino
Public Works, and
Planning and Building
Department
Mitigation Measure UTIL-1: No building permits shall be issued by the City for the proposed Canyon Crossing Mixed-Use Project that would result in exceeding the permitted peak wet weather flow capacity of 13.8 mgd through the Santa Clara sanitary sewer system. The project applicant shall demonstrate, to the satisfaction of the City of Cupertino and Cupertino Sanitary District (CSD), that the proposed project would not exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer system by implementing one or more of the following methods:

1. Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows; or

2. Increase on-site water reuse, such as increased grey water use, or reduce water consumption of the fixtures used within the proposed Prior to the issuance of any
construction permit.

Demonstrate that the
proposed hotel would
not exceed the peak
weather flow capacity of
the Santa Clara sanitary
sewer.

Department of Public
Works and Cupertino
Sanitary District
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12 Mitigation Measure Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
project, or other methods that are measurable and reduce sewer generation rates to acceptable levels, to the satisfaction of the CSD.

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF CUPERTINO APPROVING THE REZONING OF TWO

PARCELS FROM PLANNED DEVELOPMENT WITH GENERAL

COMMERCIAL USES (P(CG)) TO PLANNED DEVELOPMENT WITH

GENERAL COMMERCIAL AND RESIDENTIAL USES (P(CG, RES))
LOCATED AT 10625 SOUTH FOOTHILL BOULEVARD
Application No: Z-2018-02
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) The City Council of the City of Cupertino finds that:

WHEREAS, an application was received by the City (Application no. Z-2018-02) for the rezoning of a property from Planned Development with Commercial intent (P(CG)) to Planned Development with General Commercial and Residential intent (P(CG, Res)).

WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 5-0-0 to recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation measures; and
WHEREAS, the Final Draft Initial Study and Mitigated Negative Declaration was presented to the Planning Commission on November 23, 2021 at a regularly scheduled Planning Commission Meeting; and,
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, 42 CC 01-13-2022
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and recommended on a 5-0 vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the necessary public notices have been given and the Planning Commission held one public hearing, recommending to the City Council that the rezoning be granted per resolution No. (Z-2018-02);
WHEREAS, on January 13, 2022 and February 1, 2022, upon due notice, the City Council has held at least two public hearings to consider the Rezoning; and; WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and;
WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing on January 13, 2022, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

That after careful consideration of the facts, exhibits, testimony and other evidence submitted in this matter, the City Council adopts the Rezoning based upon the findings described above, the public hearing record and the Minutes of Planning Commission Meeting of November 23, 2021, and subject to the conditions specified below:

Section 1. The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety.

Section 2. The City Council finds the following as set forth by Municipal Code

19.152.020.C:

1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the City's Comprehensive General Plan (Community Vision 2040).

With the proposed zoning modification to allow for both general commercial and residential uses the project would be consistent with the General Plan Land Use Map that allows for general commercial and/or residential development. The Planned Development district allows the City flexibility to approve project specific development standards different from the standards outlined in the Zoning regulations for the site.
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2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA).

As set forth above, the City examined the environmental effects of the Project, including the zoning amendments adopted herein, and in the Initial Study and Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act. On January 13, 2022 the City Council adopted resolution ____ to approve the Initial Study and Mitigated Negative Declaration with the Mitigation Monitoring and Reporting Program. Any potential impacts associated with project have been analyzed, and mitigations to reduce any potential impacts to less than significant with mitigation have been adopted. Therefore, the proposed zoning complies with the provisions of CEQA.

3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

The site being rezoned will have access to existing utilities and is compatible with adjoining residential land uses.

4. The proposed zoning will promote orderly development of the City.

The site being rezoned will promote orderly development in the City through incorporation of applicable development standards and provide for continued commercial opportunities.

5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels.

The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare since the proposed uses are consistent with the City’s General Plan Land Use Element.

Additionally, where any potential health or safety impacts have been identified in the Project's CEQA analysis, mitigation measures have been identified which would be mitigate the impact.

Section 3. The City Council approves the following:

1. That the property described in attached Exhibit Z-1 have a zoning designation as that shown in the following table and is incorporated into the Master Zoning Map (Exhibit Z-2) of the City of Cupertino; and
APN Current Zoning New Zoning
342-16-087 P(CG) P(CG, Res)
342-16-088 P(CG) P(CG, Res)
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2. The approved plan for the project indicates the setbacks, minimum common and private open space, maximum floor area ratio, height and other development standards. Any future changes to these standards would require a rezoning of the property.

Section 4. The City Council finds the Rezoning is within the scope of the Initial Study and Mitigated Negative Declaration and directs the Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA guidelines.

Section 5. This Ordinance shall be effective thirty (30) days following its adoption.

INTRODUCED at a special meeting of the Cupertino City Council on January 13, 2022 and ENACTED at a regular meeting of the Cupertino City Council on___________, 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
__________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
__________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
__________________
Christopher Jensen, City Attorney
________________________
Date
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RESOLUTION NO. _________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A DEVELOPMENT PERMIT TO CONSTRUCT A MIXED-USED DEVELOPMENT CONSISTING OF EIGHTEEN (18) RESIDENTIAL UNITS AND 4,500 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 10625 SOUTH FOOTHILL BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2018-07
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:

WHEREAS, the City of Cupertino received an application for a Development Permit as described in Section I of this resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 5-0-0 to recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 5-0 vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06); and
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WHEREAS, on November 23, 2021 the Planning Commission recommended on a 5-0 vote that the City Council approve Zone Map Amendment (Z-2018-02), in substantially similar form to the Resolution presented (Resolution No. 6938) approve the Vesting Tentative Map (TM-2018-04), in substantially similar form to the Resolution presented (Resolution No. 6940), approve the Development Permit (DP-2018-07) in substantially similar form to the Resolution presented (Resolution No. 6939), approve the Architectural and Site Approval Permit (ASA-2018-09) in substantially similar form to the Resolution presented(Resolution No. 6941), approve the Use Permit (U-2018-04) in substantially similar form to the Resolution presented (Resolution No. 6942), approve the Tree Removal Permit (TR-2018-39) in substantially similar form to the Resolution presented (Resolution No. 6943); and
WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on December 21, 2021, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, on January, 13 2022, after consideration of substantial evidence contained in the entire administrative record, and prior to consideration of the Development Permit, the City Council adopted Resolution No. [####] adopting and requiring as conditions of approval all of the mitigation measures for the Project which are within the responsibility and jurisdiction of the City that are identified in the IS/MND, and adopting the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.

WHEREAS, the City Council finds as follows with regard to this application:

1. The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with the General Plan, and the Zoning Ordinance with the adoption of the Zone Map Amendments (Z-2018-02). The project has been designed to be compatible with and respectful of adjoining land uses. Additionally, all mitigation measures that are within the responsibility and jurisdiction of the City have been adopted and will be made conditions of approval in order to mitigate potential impacts to a less than significant level.

Therefore, the project will not be detrimental or injurious to properties or improvements in the 48 CC 01-13-2022
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vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience.

2. The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the City’s zoning ordinances.

The General Plan land use designation for the property is Commercial/Residential. The proposed use is consistent with the General Plan. The subject property will be zoned Planned Development with General Commercial and Residential intent with the approval of the Zone Map Amendment (Z-2018-02). Projects that are not on the City’s list of approved Housing Element sits are required to obtain a Use Permit (U-2018-04), which the project is seeking and subject to approval, see Condition of Approval (COA) #3 in Section III. The proposed development has met the applicable development standards in the General Plan and the City of Cupertino’s Municipal Code. Therefore, the proposed development is consistent with the purpose of the City’s zoning ordinance.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the IS/MND and the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06), subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, and those contained in all other Resolutions approved for this Project,
The application for a Development Permit, Application No. DP-2018-07, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. DP-2018-07 as set forth in the Minutes of the City Council Meeting of December 21, 2021, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.

1. APPROVED EXHIBITS
Approval is based on the plan set dated September 15, 2020 consisting of 55 sheets labeled as Canyon Crossings Mixed-Use Development, A0-A6, E1.1, L1.0-L3.1, C1- C14, and ST2 prepared by LPMD Architects, TS Civil Engineering, and Reed Associates, except as may be amended by conditions in this resolution.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, 49 CC 01-13-2022
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property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2018-02, TM-2018-04, U-2018-04, ASA-2018-09, TR-2018-39, and EA-2018-06 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 17 of the residential unit allocations for the Citywide housing allocation.

7. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance with the City’s Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.

8. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or active recreation including but not limited to play structures, barbeque areas, picnic tables etc. and shall not be retained as only a hardscaped or landscaped area.

The commercial open space shall provide amenities for users of the commercial space and can be used to provide outdoor dining, benches, seating etc.

9. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City’s Below Market Rate (BMR) Housing Program by dedicating 15% of the units. The applicant shall record a covenant, which shall be subject to review and approval by the City Attorney, to be recorded prior to the issuance of building permits. Two 3BR townhome units shall be provided as BMR units. Two of the units shall be made available at moderate income levels and one unit shall be made available at median income levels in 50 CC 01-13-2022
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compliance with the City’s BMR Manual. The applicant is to provide one (1) 2BR apartment available to be made designated for a very-low income level in compliance with the City’s BMR Manual.

10. BMR UNIT DESIGN REQUIREMENTS
The Applicant shall detail how the following requirements shall be met prior to building permit issuance:
a) BMR units shall be comparable to market-rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance and overall quality of construction.
b) Interior features and finishes in the affordable units shall be durable, of good quality and consistent with the contemporary standards of new housing.

11. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an affordable housing agreement shall be recorded against the property. The affordable housing agreement shall include, but not be limited to the following:
a) Total number of BMR units, type, location (site map), square footage, number of bedrooms, and construction scheduling of market-rate and BMR units; b) Provisions to ensure concurrent construction and completion of BMR units and market-rate units;
c) Affordability levels for each BMR unit;
d) Provisions for income certification and screening of potential occupants of BMR units;
e) Restriction control mechanisms;
f) Financing of ongoing administrative and monitoring costs; g) Other reasonably required provisions to implement the Affordable Housing Plan.

12. BMR UNIT TERMS OF AFFORDABILITY:

Prior to occupancy, the proposed project shall record covenants that require the units to be occupied at rents, or offered for sale at a price that is affordable to very low-income households for a period not less than 99 years from the date of first occupancy of the unit.

13. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy 2-66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is one (1) percent of the construction valuation for the first $100 million on construction valuation, or 0.9% of construction valuation for valuation in excess of $100 million. The project pro 51 CC 01-13-2022
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forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy.

Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. In the event the developer or property owner determines that the placement of artwork on a particular property may not be feasible, the developer or property owner may apply to the Fine Arts Commission for an in-lieu payment alternative as indicated in Chapter

19.148 of the Cupertino Municipal Code. The in lieu payment shall be 1.25% of the construction valuation.

14. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to occupancy.

15. FORMATION OF A PROPERTY OWNER’S ASSOCIATION
A Property Owner’s Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Development prior to recordation. The following terms shall be incorporated into the Association’s Conditions, Covenants and Restrictions:
 The members/board shall meet at a minimum of once/year  The Association dues shall cover:
o Maintenance of common area on the property in compliance with the approved project and conditions of approval, including hardscaping, parking, landscaping and accessory facilities and amenities, such as trash bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc, o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary to ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and repair of facilities in the common areas
 Any changes to the exterior of the development must be reviewed by the Property Owner’s Association.
 Any changes to the CC&R’s must be reviewed and approved by the City  Disbanding of the Association shall require an amendment to the permit.

16. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
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A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following:
a. Compliance with CEQA Mitigation Measures
b. Appropriate construction staging area
c. Hours of construction
d. Compliance with the City noise ordinance
e. Best management practices
f. Staging of construction equipment shall not occur within ___ feet of any residential property.
g. Any other measures as determined to be appropriate by the Director of Community Development

17. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and construction hours and noise limit requirements on all demolition, construction and grading permits, and in the construction management plan(s), unless otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during nighttime period as defined in Section 10.48.053(b) of the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. 53 CC 01-13-2022
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Nighttime construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions.

The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated.

18. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS I
Prior to the issuance of building permits, the project applicant shall submit an acoustic study to the satisfaction of the City's Community Development Director to demonstrate that unit interiors meet an interior noise level due to exterior noise of 45 dBA CNEL, consistent with State and local noise standards. The study shall be based on precise grading and architectural plans including specific construction method details and materials to calculate the necessary exterior to interior noise reduction of approximately 30 dBA to achieve 45 dBA CNEL. The precise exterior to interior reduction would be determined in the acoustical study when precise grading plans with building elevations, footprints and architectural plans are ·available. The applicant will be required to incorporate into the project design all required noise insulation features and techniques necessary to reduce interior noise levels to achieve the interior noise standard. To achieve the required interior noise levels, features such as upgraded exterior wall and roof assemblies, upgraded windows, and exterior doors may be required. In addition, a "windows closed” condition will be required with minimum supply of fresh air per UBC requirements.·

19. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the ordinance since the project proposes more than nine (9) homes. Third party LEED certification or alternative reference standard is required per the ordinance criteria.

20. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction of the approved project. The applicant shall provide information and plans to 54 CC 01-13-2022
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allow the Building Official and the Fire Marshall or their designee that the proposed plans comply with Building and Fire Codes in effect at the time of application for a building permit.

21. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. The final plan shall be submitted to the City for review and approval prior to issuance of building permits.

22. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change.

Future changes to the exterior building materials/treatments must be reviewed and approved by the Property Owner’s Association. However, any changes to the building materials that do not match the approved materials shall require an amendment to this permit or a new permit.

23. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and/or Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. The final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City’s Ordinance. 55 CC 01-13-2022
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24. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.

25. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent community. The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.

26. SIGN PROGRAM
A sign program is required for this project. The sign program shall be approved by the Director of Community Development prior to issuance of sign permits.

27. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project.

28. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City’s Community Noise Control Ordinance at all times. Installation of any mechanical or other equipment shall be evaluated to determine that the installation meets the City’s Community Noise Control Ordinance. Any documentation or studies required to determine this shall be provided by the applicant as his/her sole expense. Should the project exceed any of the stipulated maximum noise levels outlined in the City’s Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant’s expense.

29. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for all parcels that share a common private drive or private roadway with one or more other parcels. The deed restriction shall provide for necessary reciprocal ingress and egress easement 56 CC 01-13-2022
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to and from the affected parcels. The easements shall be recorded at such time as interest in one or more of the affected parcels is initially sold or transferred to another party.

30. COMMERCIAL/INSTITUTIONAL KITCHEN ODOR ABATEMENT
All new kitchens for commercial or institutional uses shall install odor abatement systems to reduce odor impacts to the adjacent community. In the event, alterations are made to any portion of the ventilation system of an existing commercial or institutional kitchen, odor abatement equipment shall be installed.

The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.

31. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall 57 CC 01-13-2022
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cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

32. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER

EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions.

Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS

DEPARTMENT

1. STREET IMPROVEMENTS & DEDICATION
Provide street dedication in fee title and frontage improvements along the project to the satisfaction of the Director of Public Works.

Street improvements may include, but not be limited to, new detached sidewalk, new ADA ramps, curb and gutter, driveways, pavement, storm drain lateral, street light, utility pole relocation, and street tree installations.

At street improvement plan stage, provide a striping plan to show the existing and proposed striping (show dimensions and radius, etc.) along Stevens Canyon Road.

Striping (including lane transition) shall meet the Caltrans Highway Design Manual.

2. PEDESTRIAN AND BICYCLE IMPROVEMENTS
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Developer shall provide pedestrian and bicycle related improvements (eg. walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the Director of Public Works.

3. STREET LIGHTING INSTALLATION
At street improvement plan stage, street lighting shall be designed and installed as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located.

4. GRADING
Grading shall be performed to the satisfaction of the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.

5. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.

Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible.

6. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works.
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The Applicant must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required.

All storm water management plans are required to obtain certification from a City approved third party reviewer.

7. SUBDIVISION AGREEMENT
The project developer shall enter into a subdivision agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to recordation of Final Map.

Fees:
a. Checking & Inspection Fees: Per current fee schedule ($4,482 or 5% improvement cost)
b. Grading Permit: Per current fee schedule ($3,450 or 6% of improvement costs)
c. Final Map Fee: Per current fee schedule $11,527
d. Storm Drainage Fee: Per current fee schedule $11,850 (Residential 83%: $3,777 per AC + $286/unit & Commercial –
17%: $10,169 per AC)
e. Transportation Impact Fee: Per current fee schedule $134,626 (single family $6,631 per unit; multi-family -
$4,112 per unit; retail - $10.67/sf.)
f. Encroachment Permit Fee: Per current fee schedule ($3,095 or 5% of improvement cost)
g. Park Fees: Per current fee schedule: $1,080,000
($60,000/unit)
h. Storm Management Plan Fee Per current fee schedule $1,484 By Developer
: Per current fee schedule $4,132
Bonds:

Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements.
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-The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule.
-The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule.

8. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior to issuance of building permits. Existing buildings must be demolished prior to recordation of the final map as building(s) cannot straddle between lot lines. The proposed Public Utility, Sanitary, Storm Drainage, and Emergency Vehicular Access Easements shown on Tentative Maps are subject to change based on the final street improvements and utility design.

9. GATEWAY MONUMENT SIGN
At street improvement plan stage, the Applicant shall fabricate and install a gateway monument sign in the median of Stevens Creek Boulevard, east of Hwy 85. The precise location, design and size of the gateway monument sign shall be to the satisfaction of the Director of Public Works.

10. STORM DRAINAGE
Prior to the Final Map approval, the Applicant shall address and mitigate the storm drainage impact as the result of the environmental impact study.

Drainage shall be provided to the satisfaction of the Director of Public Works.

Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, and Low Impact Development measures to reduce the amount of runoff from the site and improve water quality.

All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division.
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Project will be required to install stormwater trash capture facilities that meet the requirements established by Municipal Regional Permit. Trash capture devices shall be located onsite and shall be situated so as to ensure trash carried by storm water is collected onsite and does not flow directly to the City storm drain system. Applicant’s engineer shall design and size the trash capture devices to ensure that in the event the devices cause an obstruction to onsite stormwater flow, onsite flooding does not occur.

11. ROADWAY EASEMENT VACATION
A portion of an existing roadway easement is to be vacated. Easement vacation is subject to City Council approval. Roadway easement must be vacated prior to Final Map or as part of Final Map approval.

12. TRANSPORTATION IMPACT FEES
The Project is subject to the payment of Transportation Impact Fees under City’s Transportation Impact Fee Program under (Chapter 14.02 of the Cupertino Municipal Code).

13. PARKS
The residential project is subject to the payment of park fees in-lieu of park land dedication under City’s Park Land Dedication Fee (Chapter 13.08 of the Cupertino Municipal Code) or the Dedications and Reservations (Chapter 18.24 of the Cupertino Municipal Code).

14. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setback requirements.

15. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s “Public Works Guidelines” posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) Applicant shall enter into an agreement with the City that indemnifies and holds harmless both the City and the refuse and recycling collection company (Recology) from and against any harm, damage or maintenance that may occur or become necessary to onsite paving stone driveway surfaces.

16. OPERATIONS & MAINTENANCE AGREEMENT
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Developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for non-standard appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk, pavers, and street lights.

17. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works.

18. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area.

19. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company.

20. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans.

21. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance.
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22. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans.

23. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project.

24. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City.

25. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125.

26. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.

27. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant).

28. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed.
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29. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley.

30. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to recordation of Final Map or issuance of building permits, whichever comes first. Provide letters from PG&E and AT&T to state their concurrence with the proposed easement relocation.

SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY

FIRE DEPARTMENT

1. DEVELOPMENT REVIEW:

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.

2. EMERGENCY RADIO RESPONDER COVERAGE
As noted on Sheet A1.1) Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

Refer to CFC Sec. 510 for further requirements. This system is required for Building 1.

3. PUBLIC/PRIVATE FIRE HYDRANTS REQUIRED
(As noted on Sheet C8A) Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of (to be determined at a later date) residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. Approved Hydrant Plan (PC 20-1062) included in plan set.

Please note that FDC location will be further reviewed for compliance with SCCFD SP-2.
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4. FIRE SPRINKLERS REQUIRED:
(As noted on Sheet A0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by LOSMC.

5. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

6. PARKING
When parking is permitted on streets, in both residential/commercial applications, it shall conform to the following:
• parking is permitted both sides of the street with street widths of 36 feet or more • parking is permitted on one side of the street with street widths of 28 – 35 feet • no parking is permitted when street widths are less than 28 feet

7. FIRE LANE MARKING REQUIRED:

As noted on Sheet A1.1) Provide marking for all roadways within the project.

Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. CFC Sec. 503.3.
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8. TWO WAY COMMUNICATION SYSTEM:
(As noted on Sheet A1.1) Two-way communication systems shall be designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2016 edition), and the city ordinances where two way system is being installed, policies, and standards. Other standards also contain design/installation criteria for specific life safety related equipment. These other standards are referred to in NFPA

72. 9. FIRE ALARM SYSTEM REQUIREMENT
(As noted on Sheet A1.1) The building shall be provided with a fire alarm system in accordance with CFC #907.2.9.

10. REQUIRED EMERGENCY ACCESS
(As noted on Sheet A1.1) Minimum clear width: The minimum clear width of fire department access roads shall be 20 feet. Facilities, buildings, or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road (including bridges and culverts) with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg) or as otherwise determined by the fire code official. The proposed location of the new structure and revised locations of parking spaces impedes the minimum required access to portions of both the new and existing structures. CFC Sec. 503 and SCCFD SD&S A-1.

11. GROUND LADDER ACCESS
(As noted Sheet A1) Ground-ladder access rescuer from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. Required for all residential townhouses/rowhouses and each emergency egress window.

12. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response.

Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 67 CC 01-13-2022
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mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1

13. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

14. ROADWAY VEHICLE SUPPORT
(As noted on Sheet A1.1) Documentation letter from a structural engineer verifying that the roadway over the underground parking structure shall be capable of supporting 75,000 pounds provided.

SECTION VI: CONDITIONS ADMINISTERED BY THE OFFICE OF COMMUNITY DEVELOPMENT – BUILDING DIVISION

1. CALIFORNIA BUILDING CODE:

The proposed scope of work shall comply with the 2019 California Building Code Chapter 11A.

SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY

DISTRICT
 District will require developer/owner to enter into an Installer’s Agreement. If the project is approved in Planning Phase and moves into final design, please have the developer/engineer contact CUSD to initiate the Installer’s Agreement.  New Cupertino Sanitary District Permit Fees & Service Charges were approved on December 5th, 2018 and were implemented on December 18th, 2018.  Cupertino Sanitary District Lateral Plan Check Fee ($300) (O.C. 7102.3.1) will be required during the Building Permit Phase
 Cupertino Sanitary District Grease Control Device Plan Check Fee ($800) (O.C. 7102-3.2) will be required during the Building Permit Phase for Restaurant.  Cupertino Sanitary District Treatment Plant Capacity Fee – Non-Residential Fee is required for the subject improvements (O.C. 7202) during the Building Permit Phase  Commercial Retail Store (Greater than 5,000 SF) is $0.81/SF  Full Service Restaurant is $15.51/SF
 Cupertino Sanitary District Pump Zone Fee is required for the subject improvements. (O.C. 7202) during the Building Permit Phase  Commercial Retail Store (Greater than 5,000 SF) is $0.38/SF  Full Service Restaurant is $6.37/SF
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 Disconnecting & Capping Fee ($1000) is required for the five existing laterals.  Five (5) existing sanitary sewer laterals serving property shall be abandoned and disconnected from the Sanitary sewer mainline and manholes.  See attached APN map in submittal 1 for reference.
 To install New Property Line Cleanout (PLCO) as per District Standard, see details 9/12 in Submittal 1.
 Offsite and onsite sewer manholes (MH) shall be constructed to CuSD standards.  Grant Sanitary Sewer Easements dedicated to CUSD for mainlines located within property.
 Sanitary sewer mainlines within private property shall be located within roadway for ease of maintenance.
 On site sewer that serves more than one legal parcel, District will require “DISTRICT SANITARY SEWER EASEMENT”, not PRIVATE/PUE.
 Restaurant and Kitchen area must connect to adequately sized Grease control device.

Grease control devices must be sized by Cupertino Sanitary District.  On Sheet C8, it required the 2.5” force main from basement sump pump to go with sand/oil separator. Attached CUSD standard details 15 for reference. (Only if it is connected to a sewer line to pump out sewer in the basement. It is not applicable if it is a sump pump to pump out the basement in case it floods – for SD purpose)  A backflow device will be requires if the elevation of the lowest finished floor with plumbing is less than 12” above the nearest upstream manhole.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 13th day of January, 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
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ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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EXHIBIT ASA
RESOLUTION NO. ____

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO

CONSTRUCT A MIXED-USED DEVELOPMENT CONSISTING OF
EIGHTEEN (18) RESIDENTIAL UNITS AND 4,500 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 10625 SOUTH FOOTHILL BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2018-09
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:

WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval Permit as described in Section I of this resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 5-0-0 to recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 5-0 vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06); and
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WHEREAS, on November 23, 2021 the Planning Commission recommended on a 5-0 vote that the City Council approve Zone Map Amendment (Z-2018-02), in substantially similar form to the Resolution presented (Resolution No. 6938) approve the Vesting Tentative Map (TM-2018-04), in substantially similar form to the Resolution presented (Resolution No. 6940), approve the Development Permit (DP-2018-07) in substantially similar form to the Resolution presented (Resolution No. 6939), approve the Architectural and Site Approval Permit (ASA-2018-09) in substantially similar form to the Resolution presented(Resolution No. 6941), approve the Use Permit (U-2018-04) in substantially similar form to the Resolution presented (Resolution No. 6942), approve the Tree Removal Permit (TR-2018-39) in substantially similar form to the Resolution presented (Resolution No. 6943); and
WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on December 21, 2021, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, on January 13, 2022, after consideration of substantial evidence contained in the entire administrative record, and prior to consideration of the Development Permit, the City Council adopted Resolution No. [####] adopting and requiring as conditions of approval all of the mitigation measures for the Project which are within the responsibility and jurisdiction of the City that are identified in the IS/MND, and adopting the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the applicant has met the burden of proof required to support the application for an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:

1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;
Given that the project is consistent with the General Plan and applicable portions of the Municipal Code; all mitigation measures identified in the Initial Study/Mitigated Negative Declaration that are within the responsibility and jurisdiction of the City have been adopted and incorporated into the project to mitigate potential impacts to a less than significant level, the project will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. 72 CC 01-13-2022
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2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings.

The proposed project is a redevelopment of a commercial site with a residential unit to allow for a new multi-story mixed use development. The commercial component of the project has been located away from the adjoining single-family building. Additionally, the proposed small-lot single family homes have been located along the perimeter, and the project has incorporated various landscape elements to buffer the proposed project from the residential units. Further, the project uses similar design and material throughout to transition between structures.
b) In order to preserve design harmony between new and existing building and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided.

Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property owners.

The design quality of the development is consistent with the high-quality standards encouraged by City Staff. The architectural style is consistent throughout the development.

Further, the planting plan provides extensive ground cover and canopy throughout the project, and provides planting screening for adjacent properties. Utility installation has been designed to be screened by landscaping and or incorporated into the building design.

The final lighting for the development will be reviewed as part of the review of the project construction documents to ensure that they meet safety requirements and ensure consistency with the City’s lighting regulations.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively 73 CC 01-13-2022
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affect the general appearance of the neighborhood and harmonize with adjacent development; and
Signage approval is not included in this application.
d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures.

The project abuts residential development along the side and rear of the property. The project proposes increased setbacks when abutting single-family homes. Additionally, the project incorporates landscape plantings along the perimeter to help screen the development.

Further, the project will be required to meet the City’s noise and lighting regulation to avoid any intrusive effects. Finally, the primary vehicle access to the site is located furthest away from the adjacent residential buildings.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the IS/MND and the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06), subject to the conditions which are enumerated in this Resolution, beginning on PAGE 3 herein, and subject to the conditions contained in all other Resolutions approved for this Project,
The application for an Architectural and Site Approval, Application No. ASA-2018-09, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. ASA-2018-09 as set forth in the Minutes of the City Council Meeting of January 13, 2022, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2018-02, TM-2018-04, U-2018- 04, DP-2018-07, TR-2018-39, and EA-2018-06 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change.

Any future exterior changes must be reviewed and approved by the Property Owner’s Association prior to permit application with the City. Substantial changes to materials from previously approved materials must be reviewed and approved for the development as a whole with review and approval of a new Architectural and Site Approval permit.

6. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report.

The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with 75 CC 01-13-2022
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distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule.

The landscape installation report shall include the following statement: “The landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit.”

7. LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C of the Landscape Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), landscape design plans, and irrigation plans shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. A full Landscape Documentation Package submittal will be required if more than 500 square feet of landscaping is proposed.

8. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the City’s Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional.

Note that all landscape and trees planted is considered protected per the City’s Protected Trees Ordinance. Tree Removal permits are required prior to removal of any trees.
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9. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections.

10. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide recommendations for amendments as appropriate to optimize the productivity and water efficiency of the soil.

The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the Director of Community Development as part of the landscape documentation package.

11. LANDSCAPE AND IRRIGATION PLANS
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by ___ prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code.

12. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved lighting plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements and/or Section 19.102.040 Outdoor Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community 77 CC 01-13-2022
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Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code.

13. SIGNAGE
Signage is not approved with this use permit application. Signage shall conform to the City Sign Code.

14. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or street side building setback area.

15. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utlity structures [including, but not limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies.

16. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

17. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, 78 CC 01-13-2022
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the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

18. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.
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PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 13th day of January, 2022, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING A USE PERMIT TO ALLOW A MIXED-USED
DEVELOPMENT CONSISTING OF EIGHTEEN (18) RESIDENTIAL
UNITS AND 4,500 SQUARE FEET OF COMMERCIAL SPACE ON A
NON-HOUSING ELMENT SITE LOCATED AT 10625 SOUTH
FOOTHILL BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2018-04
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) SECTION II: FINDINGS FOR A USE PERMIT:

WHEREAS, the City of Cupertino received an application for a Use Permit as described in Section I of this resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 5-0-0 to recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 5-0 vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06); and
WHEREAS, on November 23, 2021 the Planning Commission recommended on a 5-0 vote that the City Council approve Zone Map Amendment (Z-2018-02), in substantially 81 CC 01-13-2022
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EXHIBIT U
similar form to the Resolution presented (Resolution No. 6938) approve the Vesting Tentative Map (TM-2018-04), in substantially similar form to the Resolution presented (Resolution No. 6940), approve the Development Permit (DP-2018-07) in substantially similar form to the Resolution presented (Resolution No. 6939), approve the Architectural and Site Approval Permit (ASA-2018-09) in substantially similar form to the Resolution presented(Resolution No. 6941), approve the Use Permit (U-2018-04) in substantially similar form to the Resolution presented (Resolution No. 6942), approve the Tree Removal Permit (TR-2018-39) in substantially similar form to the Resolution presented (Resolution No. 6943); and
WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on December 21, 2021, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, on January 13, 2022, after consideration of substantial evidence contained in the entire administrative record, and prior to consideration of the Use Permit, the City Council adopted Resolution No. [####] adopting and requiring as conditions of approval all of the mitigation measures for the Project which are within the responsibility and jurisdiction of the City that are identified in the IS/MND, and adopting the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Development Permit.

WHEREAS, the City Council finds as follows with regard to this application:
a) The proposed development, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; Given that the project is consistent with the densities and land uses as allowed in the General Plan and Zoning Ordinance, with the approval of the Zone Map Amendment (Z-2018-02), the project will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. b) The proposed development will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of the City’s zoning ordinances.

The proposed development is in conformance with the Cupertino General Plan and Municipal 82 CC 01-13-2022
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EXHIBIT U
Code since the Project is consistent with the existing land use designations (Commercial, Residential), Municipal Code requirements, including but not limited to, parking regulations, open space, density.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the IS/MND and the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06), subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, and those contained in all other Resolutions approved for this Project,
The application for a Use Permit, Application No. U-2018-04, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application no. U-2018-04 as set forth in the Minutes of the City Council Meeting of January 13, 2022, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2018-02, TM-2018-04, DP-2018-07, ASA-2018-09, TR-2018-39, and EA-2018-06 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.
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EXHIBIT U

5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

6. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

EXHIBIT U
by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER

EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 13th day of January, 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________ ________________________
Date
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EXHIBIT U
Kirsten Squarcia, City Clerk
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RESOLUTION NO. ____

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING OF A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL AND REPLACMENT OF FOUR (4) PROTECTED TREES TO ACCOMMODATE

THE CONSTRUCTION OF A MIXED-USED DEVELOPMENT CONSISTING OF EIGHTEEN (18) RESIDENTIAL UNITS AND 4,500 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 10625 SOUTH FOOTHILL BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: TR-2018-39
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) SECTION II: FINDINGS FOR TREE REMOVAL:

WHEREAS, the City of Cupertino received an application for a Development Permit as described in Section I of this resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 5-0-0 to recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 5-0 vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that 87 CC 01-13-2022
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are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06); and
WHEREAS, on November 23, 2021 the Planning Commission recommended on a 5-0 vote that the City Council approve Zone Map Amendment (Z-2018-02), in substantially similar form to the Resolution presented (Resolution No. 6938) approve the Vesting Tentative Map (TM-2018-04), in substantially similar form to the Resolution presented (Resolution No. 6940), approve the Development Permit (DP-2018-07) in substantially similar form to the Resolution presented (Resolution No. 6939), approve the Architectural and Site Approval Permit (ASA-2018-09) in substantially similar form to the Resolution presented(Resolution No. 6941), approve the Use Permit (U-2018-04) in substantially similar form to the Resolution presented (Resolution No. 6942), approve the Tree Removal Permit (TR-2018-39) in substantially similar form to the Resolution presented (Resolution No. 6943); and
WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on December 21, 2021, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, on January 13, 2022, after consideration of substantial evidence contained in the entire administrative record, and prior to consideration of the Tree Removal Permit, the City Council adopted Resolution No. [####] adopting and requiring as conditions of approval all of the mitigation measures for the Project which are within the responsibility and jurisdiction of the City that are identified in the IS/MND, and adopting the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Tree Removal Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
a) That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s).

In order to accommodate for the new development’s residential and mixed-use buildings, proposed improvements, and parking facilities the existing trees cannot be preserved in their locations. The applicant proposes replacement trees throughout the site consistent with the 88 CC 01-13-2022
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Municipal Code Ordinance requirements and proposes to additional trees and plantings where tree coverage and privacy plantings are needed.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter and the IS/MND and the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06), subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, and those contained in all other Resolutions approved for this Project,
The application for a Tree Removal Permit, Application No. TR-2018-39, is hereby approved, and that the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing record concerning Application No. TR-2018-39 as set forth in the Minutes of the City Council Meeting of January 13, 2022 Meeting, and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2018-02, TM-2018-04, U-2018-04, ASA-2018-09, DP-2018-07, and EA-2018-06 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.
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5. TREE REPLACEMENT SIZE
The applicant shall provide adequate tree replacements for trees proposed to be removed in conformance with the replacement guidelines per Cupertino Municipal Code Section 14.18.160. The size of the proposed replacement trees shall be modified as follows to be consistent with the City’s Protected Tree Ordinance unless deemed infeasible by the City’s Consulting Arborist:
a. Diameter of trunk size of removed tree up to 12 inches shall be replaced with one 24-inch box tree;
b. Over 12 inches and up to 36 inches shall be replaced by two 24-inch box tree or one 36-inch box tree; and
c. Over 36 inches shall be replaced with one 36-inch box tree.

If it is determined that it is physically not feasible to plant the required replacements trees, the Applicant may be allowed to pay an appropriate amount of in-lieu fees upon review and written approval of the Community Development Director.

6. ARBORIST REVIEW
Prior to building permit issuance, the number, location and species of trees shall be reviewed and approved by the City in consultation with the City’s Consulting Arborist.

The replacement trees shall be planted prior to building permit final. The Applicant shall provide the Department of Community Development adequate documentation, including, but not limited to, photographs, receipts or invoices, to verify that replacements have been planted. The City’s consulting arborist shall inspect the trees after planting and a report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy.

7. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan:
 For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work.  No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist.
 No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City’s consulting arborist 90 CC 01-13-2022
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shall be consulted before any trenching or root cutting beneath the dripline of the tree.
 Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
 Tree protection conditions shall be posted on the tree protection barriers.  Retained trees shall be watered to maintain them in good health.  A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy.

The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City’s consulting arborist shall inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy.

8. PROTECTED TREES
The applicant understands that the replacement trees may not be removed without a Tree Removal Permit and that they shall be responsible for ensuring the proper maintenance and care of the trees. The applicant shall also disclose the location and species of all replacement trees on site upon sale of the property.

9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements.

Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

10. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, 91 CC 01-13-2022
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liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

11. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 13th day of January, 2022 by the following vote:
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Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVINGA VESTING

TENTATIVE MAP TO ALLOW A MIXED-USE DEVELOPMENT ON ONE
COMMONE PARCEL AND FOURTEEN (14) INDIVIDUAL PARCELS LOCATED AT 10625 SOUTH FOOTHILL BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: TM-2018-04
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) SECTION II: FINDINGS FOR A TENTATIVE MAP:

WHEREAS, the City of Cupertino received an application for a Vesting Tentative Map as described in Section I of this resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review Committee held a duly noticed public hearing to receive public testimony and reviewed and considered the information contained in the Draft IS/MND, and voted 5-0-0 to recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public hearing to receive staff’s presentation and public testimony, and to consider the information contained in the IS/MND along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing, and recommended on a 5-0-0 vote, based on substantial evidence in the record, that the City Council adopt the MND, adopt and incorporate into the Project and implement as conditions of approval all of the mitigation measures for the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project (EA-2018-06); and
WHEREAS, on November 23, 2021 the Planning Commission recommended on a 5-0 vote that the City Council approve Zone Map Amendment (Z-2018-02), in substantially similar form to the Resolution presented (Resolution No. 6938) approve the Vesting 94 CC 01-13-2022
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EXHIBIT TM
Tentative Map (TM-2018-04), in substantially similar form to the Resolution presented (Resolution No. 6940), approve the Development Permit (DP-2018-07) in substantially similar form to the Resolution presented (Resolution No. 6939), approve the Architectural and Site Approval Permit (ASA-2018-09) in substantially similar form to the Resolution presented(Resolution No. 6941), approve the Use Permit (U-2018-04) in substantially similar form to the Resolution presented (Resolution No. 6942), approve the Tree Removal Permit (TR-2018-39) in substantially similar form to the Resolution presented (Resolution No. 6943); and
WHEREAS, all necessary public notices having been given as required by the Procedural Ordinance of the City of Cupertino and the Government Code, and the Planning Commission held at least one public hearing in regard to this application, and on December 21, 2021, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and
WHEREAS, on January 13, 2022, after consideration of substantial evidence contained in the entire administrative record, and prior to consideration of the Vesting Tentative Map, the City Council adopted Resolution No. [####] adopting and requiring as conditions of approval all of the mitigation measures for the Project which are within the responsibility and jurisdiction of the City that are identified in the IS/MND, and adopting the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the applicant has met the burden of proof required to support the application for a Use Permit; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a. That the proposed subdivision map is consistent with the City of Cupertino General Plan.

The subject property is consistent with the General Plan since the property is permitted to have up to 15 dwelling units an acre. The proposed development is consistent with the intent of the policies of the General Plan for a mixed-use development on this site. b. That the design and improvements of the proposed subdivision are consistent with the General Plan.

The off-site improvements are consistent with the City’s General Plan policies related to pedestrian and bicycle safety etc. by improving the street frontage, and minimizing curb-cuts. c. That the site is physically suitable for the type development contemplated under the approved subdivision.
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EXHIBIT TM
The proposed subdivision is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. There are no topographical anomalies that differentiate this property from adjacent properties. The site is located on the valley floor, as well as not listed within any environmentally sensitive zone. d. That the site is physically suitable for the intensity of development contemplated under the approved subdivision.

The subject property is physically suitable in size and shape in conformance to development standards and is appropriately configured to accommodate a multi-unit mixed-used development.
e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat.

The proposed subdivision design and improvements are not likely to cause serious public health problems nor substantially injure fish and wildlife or their habitat because the property is a developed site and located in an urbanized area where residential land use is allowed. f. That the design of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems.

The proposed development is consistent with the intent of the policies of the General Plan for a mixed-use development on this site, and the on-site and off-site improvements improve neighborhood walkability through improved sidewalk construction with size-appropriate driveway cuts and street and private trees planting.
g. That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

No easement or right-of-way exists currently that would be impeded or conflict with the proposed subdivision.

NOW, THEREFORE, BE IT RESOLVED:

EXHIBIT TM
in this Resolution are based are contained in the Public Hearing record concerning Application no. TM-2018-04 as set forth in the Minutes of the City Council Meeting of January 13, 2022 and are incorporated by reference as though fully set forth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.

Any misrepresentation of any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2018-02, DP-2018-07, U-2018-04, ASA-2018-09, TR-2018-39, and EA-2018-06 shall be applicable to this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans.

5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department.

EXHIBIT TM
or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding.

The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement.

The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages.

7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 98 CC 01-13-2022
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EXHIBIT TM

CITY ENGINEER'S CERTIFICATE OF

ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of this Resolution conform to generally accepted engineering practices. ___________________________
Chad Mosley, Assistant Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 13th day of January 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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Canyon Crossings Mixed-Use Project Initial Study
for the City of Cupertino
December 2021 | Revised Final Draft Initial Study
Image Credit: LPMD Architects, 2019. 100
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Prepared By:

PlaceWorks
Berkeley, California
510.848.3815
O R A N G E CO U N T Y • BAY AREA • S A C R A M E N TO • C E N T R A L COA S T • LO S A N G E L ES • I N L A N D E M P I R E • S A N D I EG O www.placeworks.com
Canyon Crossings Mixed-Use Project Initial Study
for the City of Cupertino
December 2021 | Revised Final Draft Initial Study
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PLACEWORKS i

REVISED FINAL DRAFT
Table of Contents

1.1 Initial Study ............................................................................................................................ 2-1

1.2 Tiering Process....................................................................................................................... 2-2

1.3 Report Organization............................................................................................................... 2-4

2.1 Initial Study Checklist............................................................................................................. 2-1

2.2 Environmental Factors Potentially Affected .......................................................................... 2-2

2.3 Determination........................................................................................................................ 2-2

2.4 Summary of Impacts and Mitigation Measures.................................................................... 2-3

3.1 Project Location and Site Characteristics .............................................................................. 3-1

3.2 Project Components............................................................................................................ 3-14

3.3 Required Permits and Approvals ......................................................................................... 3-32

4.1 Discussion of Environmental Evaluation................................................................................ 4-1 I. Aesthetics..................................................................................................................... 4-2 II. Air Quality .................................................................................................................... 4-6 III. Biological Resources .................................................................................................. 4-17 IV. Cultural Resources..................................................................................................... 4-25 V. Energy ........................................................................................................................4-28 VI. Geology and Soils....................................................................................................... 4-31 VII. Greenhouse Gas Emissions........................................................................................ 4-37 VIII. Hazards and Hazardous Materials............................................................................. 4-46 IX. Hydrology and Water Quality .................................................................................... 4-53 X. Land Use and Planning............................................................................................... 4-61 XI. Noise ..........................................................................................................................4-63 XII. Population and Housing............................................................................................. 4-71 XIII. Public Services ........................................................................................................... 4-74 XIV. Parks and Recreation ................................................................................................. 4-76 XV. Transportation............................................................................................................ 4-78 XVI. Tribal Cultural Resources ........................................................................................... 4-89 XVII. Utilities and Service Systems..................................................................................... 4-91 104
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XVIII. Wildfire.....................................................................................................................4-101 XIX. Mandatory Findings of Significance.........................................................................4-104

APPENDICES
Appendix A: Air Quality and Greenhouse Gas Emissions Data Appendix B: Health Risk Assessment
Appendix C: Noise Data
Appendix D: Transportation Data
Appendix E: Phase I Environmental Site Assessment
In addition to these appendices, all documents cited in this report and used in its preparation are hereby incorporated by reference into this Initial Study. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.

LIST OF FIGURES
Figure 3-1 Regional and Vicinity Map..................................................................................................3-2 Figure 3-2 Aerial View of Project Site and Surroundings.....................................................................3-3 Figure 3-3 Existing Conditions .............................................................................................................3-5 Figure 3-4 Conceptual Site Plan.........................................................................................................3-15 Figure 3-5 Mixed-Use Building Ground Floor....................................................................................3-16 Figure 3-6 Mixed-Use Building Second Floor Apartments and Roof.................................................3-17 Figure 3-7 Mixed-Use Building Subterranean Parking Level .............................................................3-18 Figure 3-8 Mixed-Use Building Elevation...........................................................................................3-19 Figure 3-9 Detached Single-Family Homes Elevation........................................................................3-21 Figure 3-10 Attached Single-Family Homes Elevation.........................................................................3-22 Figure 3-11 Attached Single-Family Homes Elevation.........................................................................3-23 Figure 3-12 Circulation Map ................................................................................................................3-25 Figure 3-13 Proposed Landscape Plan................................................................................................. 3-27 Figure 3-14 Proposed Lighting Plan .....................................................................................................3-28 Figure 3-15 Utility Plan ........................................................................................................................3-30 Figure 4-1 Existing Pedestrian and Bicycle Facilities..........................................................................4-82 105
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LIST OF TABLES
Table 1-1 General Plan EIR, General Plan, and the Proposed Project Comparison Table .................2-3 Table 3-1 Demolition and Construction ...........................................................................................3-31 Table 4-1 Existing Operation-Related Criteria Air Pollutant Emissions..............................................4-7 Table 4-2 Construction-Related Criteria Air Pollutant Emissions Estimates....................................4-11 Table 4-3 Operational Criteria Air Pollutant Emissions Estimates ...................................................4-12 Table 4-4 Construction Risk Summary – Unmitigated .....................................................................4-14 Table 4-5 Construction Risk Summary – Mitigated..........................................................................4-15 Table 4-6 Existing GHG Emissions ....................................................................................................4-38 Table 4-7 Project Operation and Construction GHG Emissions.......................................................4-38 Table 4-8 Cupertino Climate Action Plan Consistency Matrix .........................................................4-43 Table 4-9 Project-Related Construction Noise, Energy-Average (Leq) Noise Levels, dBA.................4-66 Table 4-10 Construction Equipment Vibration Levels........................................................................4-70 Table 4-11 Existing Vehicle Miles Traveled.........................................................................................4-81 Table 4-12 Proposed Vehicle Miles Traveled......................................................................................4-83 Table 4-13 Project Trip Generation ....................................................................................................4-83 Table 4-14 Water Demand for the Proposed Project.........................................................................4-95 Table 4-15 WasteWater Demand for the Proposed Project ..............................................................4-96 Table 4-16 Reasonably Foreseeable Development Projects in Cupertino.......................................4-106 Table 5-1 Mitigation Monitoring and Reporting Program ................................................................. 5-2 106
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Introduction
This document is an Initial Study for the Canyon Crossings Mixed-Use Project (proposed project) prepared by the City of Cupertino (City) to determine if the proposed project may have a significant effect on the environment. This Initial Study was prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code sections 21000 et seq.). Pursuant to Section 15051 of the State CEQA Guidelines,1 the City is the lead agency for the proposed project.

The project site is located on a 1.57-acre site that is proposed for redevelopment by SCR Enterprises (the project applicant). The site is located at 10625 South Foothill Boulevard, 2 where South Foothill Boulevard
meets Stevens Canyon Road. The project site is surrounded by single-family residential uses. The site is currently developed with three buildings, a surface parking lot, and associated landscaping. The proposed project would involve demolishing the existing structures and redeveloping the site with 4,536 square feet of commercial space and up to 18 residential units comprised of apartments, eight attached, and five detached single-family units. All proposed structures would have a maximum building height of 30 feet (two stories) and would include parking and associated landscaping. One level of below-grade parking garage would be located under the mixed-use building.

The project site is assigned Assessor’s Parcel Numbers 342-16-087 and 342-16-088. The General Plan land use designation for the project site is Commercial/Residential and the Zoning District is Planning Development with General Commercial (P(CG)). The Commercial/Residential land use designation allows primarily commercial uses and secondarily residential uses, or a compatible combination of the two. The proposed project includes rezoning the project site to Planning Development with General Commercial and Residential (P(CG,Res), to support the proposed residential uses intended to support commercial development. A detailed description of the proposed project is provided in Chapter 3, Project Description, of this Initial Study.

1.1 INITIAL STUDY
Pursuant to CEQA Guidelines Section 15063, an Initial Study is a preliminary environmental analysis that is used by the lead agency as a basis for determining what form of environmental review is required for a project. The CEQA Guidelines require that an Initial Study contain a project description, description of environmental setting, identification of environmental effects by checklist or other similar form, explanation of environmental effects, discussion of mitigation for significant environmental effects, 1 The CEQA Guidelines are found in California Code of Regulations, Title, 14, Section 15000 et seq. 2 There are several addresses assigned to the project site, but for the purposes of this Initial Study, a single address (10625 South Foothill Boulevard) is used to represent the entire project site. 108
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evaluation of the project’s consistency with existing and applicable land use controls, and the name of persons who prepared the study.

1.2 TIERING PROCESS
The CEQA concept of "tiering" refers to the evaluation of general environmental matters in a broad program-level EIR, with subsequent focused or project-level environmental documents for individual projects that implement the program. Pursuant to CEQA Guidelines Section 15152 this Initial Study is tiered from the City’s General Plan Amendment, Housing Element Update, and associated Rezoning Project Environmental Impact Report (EIR) that was certified by the Cupertino City Council in December 2014,3 and the subsequent addenda to the EIR that were approved by the City Council in October 2015,4 August 2019,5 and December 2019,6 together hereinafter “General Plan EIR.” Pursuant to CEQA Guidelines Section 15150 this Initial Study incorporates by reference the discussions in the General Plan EIR.7 As previously stated, copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.

The analysis in this Initial Study concentrates on the project-specific issues pertaining to the proposed Canyon Crossings Mixed-Use project. CEQA and the CEQA Guidelines encourage the use of tiered environmental documents to reduce delays and excessive paperwork in the environmental review process. This is accomplished in tiered documents by eliminating repetitive analyses of issues that were adequately addressed in the program EIRs and by incorporating those analyses by reference.

In order to determine whether the proposed project was part of the development that was examined in the General Plan EIR, the following questions must be answered:
 Is the proposed project included in the scope of the development projected and analyzed in the General Plan EIR?
 Is the project site in an area designated for Commercial/Residential land uses in the General Plan and Planned Development with General Commercial and Residential Zoning District?  Are the changes to population and employment associated with the proposed project included within the scope of the projections accounted for in the General Plan EIR?  Is the proposed project within the scope of the cumulative analysis in the General Plan EIR? The General Plan EIR included an evaluation of the project site as potential Housing Element Site 9 (Foothill at McClellan Center – Foothill Market), although the adopted General Plan did not designate this 3 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse Number 2014032007. December 2014. 4 City of Cupertino, approved First Addendum to the General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse Number 2014032007. October 2015. 5 City of Cupertino, approved Second Addendum to the General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse Number 2014032007. August 2019. 6 City of Cupertino, approved Third Addendum to the General Plan Amendment, Housing Element Update, and Associated Rezoning, State Clearinghouse Number 2014032007. December 2019. 7 Discussions are in Chapter 3, Project Description, and Chapter 4, Environmental Analysis, of this Initial Study. 109
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site as a Priority Housing Element Site. The evaluation in the General Plan EIR assumed potential redevelopment of commercial and residential uses with 27 maximum dwelling units and a maximum building height of 30 feet. The General Plan EIR evaluated a Zoning District change from Planned Development with General Commercial (P(CG)) to Planned Development with General Commercial and Residential (P(CG,Res)) to accommodate the construction of residential uses on-site. The project is consistent with the General Plan land use designation, but because the City Council did not identify this as a Housing Element site, the Zoning Map was not amended following the certification of the General Plan EIR. The approval of the proposed project would require an amendment to the Zoning Map to allow residential uses on the project site as proposed. The cumulative impacts of past, present, and probable future development, in conjunction with overall General Plan buildout, including residential development of the project site, were evaluated in the General Plan EIR. Accordingly, this Initial Study tiers from the General Plan EIR pursuant to CEQA Guidelines Section 15152 (Public Resources Code Section 21094).

Table 1-1 identifies the development potential that was analyzed for the project site in the General Plan EIR, what type of development the General Plan currently anticipates for the project site, and what is proposed for the site as part of the project.

TABLE 1-1 GENERAL PLAN EIR, GENERAL PLAN, AND THE PROPOSED PROJECT COMPARISON TABLE General Plan EIR a General Plan
b Proposed Project
Reference Name
Housing Element Site 9
(Foothill at McClellan Center
– Foothill Market)
Neighborhoods: Inspirational
Heights Neighborhood Canyon Crossings
General Plan Land Use Commercial/Residential Commercial/Residential c Commercial/Residential Zoning District
Planned Development with
General Commercial and
Residential (P(CG, Res)) d
Planned Development with
General Commercial (P(CG))
Planned Development with
General Commercial and
Residential (P(CG, Res))
Density 25 du/ac 15 du/ac e 11.5 du/ac
Maximum Height 30 feet 30 feet e 30 feet
Development Potential Up to 27 net residential units f Up to 24 net residential units 4,536 square feet commercial 18 residential units
Population
g
80 70 52
Employees
h N/A N/A 10
Notes: du/ac = dwelling units per acre
a. Certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR and Addenda, State Clearinghouse Number 2014032007.

December 2014, October 2015, August 2019, and December 2019. b. City of Cupertino General Plan (Community Vision 2015 – 2040). c. City of Cupertino Land Use Map adopted November 15, 2005 and amended August 20, 2019. d. Although the General Plan EIR evaluated an amendment to the Zoning District from Planned Development with General Commercial (P(CG)) to Planned Development with General Commercial and Residential (P(CG,Res)), the City did not change the Zoning Map at that time. e. Chapter 2, Planning Areas, page PA-22 and PA-23; Chapter 3, Land Use and Community Design Element, page LU-16 and LU-17. f. Although the site could accommodate up to 39 units based the 25 du/ac density, the General Plan EIR evaluated a realistic yield of 27 net units. g. Estimates are based on the Association of Bay Area Governments (ABAG) 2019 projections that show an average household size of 2.87 persons for Cupertino in 2020. This is the standard approach for population estimates in Cupertino. Note that the 2.94 persons per household rate for year 2040 was applied in the General Plan EIR.
h. The General Plan EIR applied a generation rate of 450 square feet of commercial space per employee.

Source: City of Cupertino, PlaceWorks, 2020.
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1.3 REPORT ORGANIZATION
This Initial Study is organized into the following chapters:

Chapter 1: Introduction. This chapter provides an introduction and overview of the Initial Study document.

Chapter 2: Executive Summary. A summary of the pertinent details for the proposed project, including lead agency contact information, proposed project location, and General Plan land use designation and Zoning Districts are in this chapter. This chapter also summarizes the significant impacts that could occur from construction and operation of the proposed project and identifies the mitigation measures recommended to reduce the impacts to a less-than-significant level.

Chapter 3: Project Description. This chapter describes the location and setting of the proposed project, along with its principal components, as well as a description of the policy setting and implementation process for the proposed project.

Chapter 4: Environmental Analysis. Making use of the CEQA Guidelines Appendix G, Environmental Checklist, this chapter identifies and discusses anticipated impacts from the proposed project, providing substantiation of the findings made.

Chapter 5: Mitigation Monitoring and Reporting Program. This chapter lists the impacts found to be significant and identifies the recommended mitigation measures categorized by impact area.

Chapter 6: Organizations and Persons Consulted. This chapter presents a list of City and other agencies and consultant team members that contributed to the preparation of the Initial Study. 111
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Executive Summary

2.1 INITIAL STUDY CHECKLIST

1. Project Title: Canyon Crossings Mixed-Use Project

2. Lead Agency Name and Address: City of Cupertino Community Development Department 10300 Torre Avenue
Cupertino, CA 95014

3. Contact Person and Phone Number: Erick Serrano
Senior Planner
408-777-3205

4. Location: 10625 South Foothill Boulevard
Cupertino, CA 95014

5. Applicant’s Name and Address: SCR Enterprises LLC
15700 Winchester Boulevard
Los Gatos, CA 95030

6. General Plan Land Use Designations: Commercial/Residential

7. Zoning: Planned Development with General Commercial P(CG)

8. Description of Project: See Chapter 3, Project Description

9. Surrounding Land Uses and Setting: See page 3-8 of Chapter 3, Project Description

10. Other Required Approvals: See page 3-32 of Chapter 3, Project Description

11. Have California Native American Tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, has consultation begun?: The City has not received any request from any Tribes in the geographic area with which they are traditionally and culturally affiliated, or otherwise, to be notified about projects in Cupertino. The 112
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City received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, as the city is within the geographic area with which they are traditionally and culturally affiliated. The request was received following the release of the Public Review Draft IS/MND in March 2021. The City conducted the consultation process with the Tamien Nation and changes to Mitigation Measure CULT-1 were reflected in the Final IS/MND in October 2021. This Revised Final IS/MND reflects additional text changes to Mitigation Measure CULT-1 requested by the Tamien Nation after the preparation of the Final IS/MND. These changes do not constitute a substantial revision as defined in CEQA Guidelines Section 15073.5; therefore, the IS/MND does not need to be recirculated.

2.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by the proposed project, involving at least one impact that is a potentially significant impact, as shown in Chapter 4, Environmental Analysis, of this Initial Study.

Aesthetics Agriculture & Forestry Resources Air Quality Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology & Water Quality Land Use & Planning Mineral Resources Noise Population & Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities & Service Systems Wildfire Mandatory Findings of Significance

2.3 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 revisions in the project have been made by or agreed to by the project proponent. A MITIGATED 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 “potentially significant impact” or “potentially significant unless mitigated” impact 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. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 113
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I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Approved by: ___________________
Erick Serrano, Senior Planner Date

2.4 SUMMARY OF IMPACTS AND MITIGATION MEASURES
Due to the location of the project site, the proposed project would have no impact on Agriculture, Forestry, or Mineral Resources; therefore, these topics are not discussed in detail in the Initial Study. The following lists the potentially significant impacts by topic that could occur from construction and operation of the proposed project and identifies mitigation measures to reduce the impacts to a lessthan-significant level. All other topic areas were identified to have less-than-significant impacts. A detailed discussion of the project’s impacts is provided in Chapter 4, Environmental Analysis, of this Initial Study.

AIR QUALITY
Impact AQ-1: Fugitive dust (PM10 and PM2.5) generated by the proposed project during construction could potentially result in significant regional short-term air quality impacts without implementation of the Bay Area Air Quality Management District’s best management practices related to reducing fugitive dust emissions.

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 Hydroseed or apply non-toxic soil stabilizers to inactive construction areas.  Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt/sand).  Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.  Replant vegetation in disturbed areas as quickly as possible and water appropriately until vegetation is established.
 Install sandbags or other erosion control measures to prevent silt runoff from public roadways.  All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.

Impact AQ-2: The proposed project could expose sensitive receptors to substantial pollutant concentrations during construction.

Mitigation Measure AQ-2: During construction, the construction contractor(s) shall:
 Use construction equipment that have engines that meet either the United States Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 4 Interim emissions standards for off-road diesel-powered construction equipment with more than 50 horsepower, unless it can be demonstrated to the City of Cupertino Building Division that such equipment is not available.

Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Tier 4 Interim emissions standards for a similarly sized engine, as defined by the CARB’s regulations.
 Prior to issuance of any construction permit, ensure that all construction plans submitted to the City of Cupertino Planning Department and/or Building Division clearly show the requirement for Tier 4 Interim emissions standards for construction equipment more than 50 horsepower.  Maintain a list of all operating equipment in use on the project site for verification by the City of Cupertino Building Division official or their designee. The construction equipment list shall state the makes, models, and number of construction equipment on site.  Ensure that all equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations.
 Communicate with all sub-contractors in contracts and construction documents that all nonessential idling of construction equipment is restricted to 5 minutes or less in compliance with CARB Rule 2449 and is responsible for ensuring that this requirement is met.

BIOLOGICAL RESOURCES
Impact BIO-1: Demolition and construction activities could disturb active nests in trees and/or otherwise interfere with nesting of birds protected under federal and State law.

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 Be conducted by a qualified biologist prior to tree removal or grading, demolition, or construction activities. Note that preconstruction surveys are not required for tree removal or construction, grading, or demolition activities outside the nesting period.  Be conducted no more than 14 days prior to the start of tree removal or construction.  Be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped.
 Document locations of active nests containing viable eggs or young birds.  Protective measures for active nests containing viable eggs or young birds shall be implemented under the direction of the qualified biologist until the nests no longer contain eggs or young birds, and the young have left the nest and are foraging independently, or the nest is no longer active.

Protective measures shall include:
 Establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.  Monitoring active nests within an exclusion zone on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status.  An increase in the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with the California Department of Fish and Wildlife.

CULTURAL RESOURCES
Impact CULT-1: The proposed project could cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5.

Mitigation Measure CULT-1: A tribal representative from the Tamien Nation shall be retained and permitted on-site at all times during ground disturbance (including grading, demolition and/or construction) to monitor for potential prehistoric or historic subsurface cultural resources. Notice shall be given to the Tribe Tamien Nation in a manner requested by the Tribe Tamien Nation at least 48 hours five (5) days before any ground disturbing activity. Prior to ground disturbance activities, construction workers conducting the ground disturbing activities shall undergo cultural resource sensitivity training conducted by the on-site tribal Tamien Nation representative.

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 The qualified archaeologist shall prepare a report for the evaluation of the resource to the California Register of Historical Places and the City Building Department. The report shall also include appropriate recommendations in collaboration with a tribal Tamien Nation representative regarding the significance of the find and appropriate mitigations as follows:
 If the resource is a non-tribal resource, the archaeologist shall assess the significance of the find according to CEQA Guidelines Section 15064.5.
 If the resource is a tribal resource – whether historic or prehistoric – the consulting archaeologist shall consult with the appropriate tribe(s) Tamien Nation to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation, or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) may be implemented.
 All significant non-tribal cultural materials recovered shall be, as necessary, and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards.

GEOLOGY AND SOILS
Impact GEO-1: Construction of the proposed project would have the potential to directly or indirectly affect an unknown unique paleontological resource.

Mitigation Measure GEO-1: The construction contractor shall incorporate the following in all grading, demolition, and construction plans:
 In the event that fossils or fossil-bearing deposits are discovered during grading, demolition, or building, excavations within 50 feet of the find shall be temporarily halted or diverted.  The contractor shall notify the City of Cupertino Building Department and a City-approved qualified paleontologist to examine the discovery.
 The paleontologist shall document the discovery as needed, in accordance with Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assess the significance of the finding under the criteria set forth in CEQA Guidelines Section 15064.5.
 The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.  If the project applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The excavation plan shall be submitted to the City for review and approval prior to implementation.
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NOISE
Impact NOISE-1: The proposed project could result in the generation of a substantial temporary increase in ambient noise levels in the vicinity of the project site during the construction phase that would be in excess of standards established in the City of Cupertino Municipal Code.

The notification will include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint.  The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Building Department and Code Enforcement for review and approval prior to issuance of any grading, demolition, and/or building permits. The Construction Noise Plan shall demonstrate compliance with the 80-dBA limit in the CMC. The details of the Construction Noise Control Plan, including those details listed herein, shall be included as part of the permit application drawing set and as part of the construction drawing set, shall be implemented by the on-site Construction Manager, and shall include, but not be limited to, the following available controls to comply with the 80 dBA performance standard:
 At least 10 days prior to the start of construction activities, a sign will be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they will investigate, take appropriate corrective action, and report the action to the City.
 During the entire active construction period, equipment and trucks used for project construction will utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible.
 Include noise control requirements for equipment and tools, including concrete saws, to the maximum extent feasible. Such requirements could include, but are not limited to, erecting temporary plywood noise barriers between construction areas and nearby sensitive receptors; performing work in a manner that minimizes noise; and undertaking the noisiest activities during times of least disturbance to nearby sensitive receptors. 118
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 During the entire active construction period, stationary noise sources will be located as far from sensitive receptors as possible, and they will be muffled and enclosed within temporary sheds, or insulation barriers or other measures will be incorporated to the extent feasible.  During the entire active construction period, noisy operations will be conducted simultaneously to the degree feasible in order to reduce the time periods of these operations.  Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.  Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.  During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws.

Impact NOISE-2: The proposed project could result in the generation of a substantial permanent increase in ambient noise levels in the vicinity of the project during the operation phase that could be in excess of standards established in the local noise ordinance.

Noise reduction measures could include, but are not limited to:
 Selection of equipment that emits low noise levels;
 Installation of noise dampening techniques, such as enclosures and parapet walls, to block the line-ofsight between the noise source and the nearest receptors; or  Locating equipment in less noise-sensitive areas, where feasible.

Impact NOISE-3: The proposed project could result in the generation of excessive groundborne vibration in the vicinity of the project site during the construction phase that would be in excess of established thresholds.

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TRIBAL CULTURAL RESOURCES
Impact TRC-1: The proposed project could cause a substantial adverse impact to an unknown Tribal Cultural Resource.

Mitigation Measure TCR-1: Implement Mitigation Measure CULT-1.

UTILITIES AND SERVICE SYSTEMS
Impact UTIL-1: Implementation of the proposed project may result in a determination by the wastewater treatment provider, which serves or may serve the proposed project, that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.

Mitigation Measure UTIL-1: No building permits shall be issued by the City for the proposed Canyon Crossing Mixed-Use Project that would result in exceeding the permitted peak wet weather flow capacity of 13.8 mgd through the Santa Clara sanitary sewer system. The project applicant shall demonstrate, to the satisfaction of the City of Cupertino and Cupertino Sanitary District (CSD), that the proposed project would not exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer system by implementing one or more of the following methods:

Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows; or Increase on-site water reuse, such as increased grey water use, or reduce water consumption of the fixtures used within the proposed project, or other methods that are measurable and reduce sewer generation rates to acceptable levels, to the satisfaction of the CSD.

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Project Description
The project applicant, SCR Enterprises, is proposing the Canyon Crossings Mixed-Use Project (proposed project) that would involve the construction of a commercial and residential development on a 1.57-acre site. The site is currently developed with three buildings, a surface parking lot, and associated landscaping. The largest building on the project site is a multi-tenant commercial building on the southwestern portion of the site. A smaller commercial building, with an attached, unoccupied residential unit that is used for storage, is on the northeast portion of the site. In addition, a detached and unoccupied single-family residential unit is on the northwest portion of the project site. The proposed project would involve demolishing all the existing structures and redeveloping the site with a mixed-use building including 4,536 square feet of neighborhood-serving commercial space and five apartments, as well as a mix of 13 attached and detached single-family units, for a combined total of 18 residential units.

All proposed structures would have a maximum building height of 30 feet (two stories). All parking would be at the ground level except for a single-level subterranean parking garage located under the mixed-use building.

This chapter provides a detailed description of the proposed project, including the location, setting, and characteristics of the project site, the principal project features, construction phasing and schedule, as well as a list of the required permits and approvals.

3.1 PROJECT LOCATION AND SITE CHARACTERISTICS

3.1.1 REGIONAL LOCATION
As shown on Figure 3-1, the project site is in the City of Cupertino located in the northwestern portion of Santa Clara County. Cupertino is roughly 45 miles south of San Francisco and 13 miles west of downtown San José. Interstate 280 (I-280) and State Route 85 (SR-85) provide regional access to the project site.

3.1.2 LOCAL SETTING
The project site is located at 10625 South Foothill Boulevard8 in the southwest region of the city. The project site is on the west side of South Foothill Boulevard, where South Foothill Boulevard meets Stevens Canyon Road. The project site is intersected by McClellan Road to the north and St. Andrews Avenue to the south. As shown on Figure 3-2, the project site is bounded by single-family residential units to the north, south, and west, and the two-lane South Foothill Boulevard and Stevens Canyon Road to the east. 8 There are several addresses assigned to the project site, but for the purposes of this Initial Study, a single address (10625 South Foothill Boulevard) is used to represent the entire project site. 122
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280
280
880
680
85 85
237
17 87
101
Palo Alto
Fremont
San Jose
Santa Clara
Sunnyvale
Mountain
View
Los Altos
Los Altos
Hills
Milpitas
Campbell
Los
Gatos
Saratoga

SAN MATEO
COUNTY

ALAMEDA
COUNTY
SANTA
CLARA
COUNTY
SANTA
CRUZ
COUNTY
Cupertino
Oakland
Berkeley
Palo
Alto
Fremont
San Jose
Santa
Clara
Sunnyvale
Mt.

View
Los
Altos
Menlo
Park
Milpitas
Hayward
Dublin
Redwood
City
San Mateo
Daly
City
Union
City
Campbell
Los
Gatos
Saratoga

ALAMEDA
COUNTY
CITY &
COUNTY
OF
SAN

FRANCISCO

SAN MATEO
COUNTY
SANTA
CLARA
COUNTY

CONTRA COSTA COUNTY
MARIN
COUNTY

SANTA CRUZ
COUNTY
San
Francisco
Bay
Pacific
Ocean
Cupertino
0 0.5 12 34 5 Miles
Legend
City Boundary
Urban Service Area Boundary
Unincorporated Areas Within
Boundary Agreement Line
2-2 Land Use/Community Design
City of Cupertino General Plan
Figure 2-A. Cupertino Regional Location
Regional Location
Figure 3-1
Regional and Vicinity Map
Source: City of Cupertino General Plan; PlaceWorks, 2020.

Approximate Project
Site Location

PROJECT DESCRIPTION

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Figure 3-2
Aerial View of Project Site and Surroundings
Source: Google Earth, 2019. PlaceWorks, 2020. 0
Scale (Feet)
500
Project Site
Deep Cliff
Golf Course
McClellan
Ranch
Preserve
S. Foothill Blvd
Alcalde Road
Santa Luca RoadMefriman Road
Stevens Canyon Blvd
McClellan Road
St. Andrews Ave
Riverside Drive

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The City parks nearest to the project site are Monta Vista Park to the northwest; McClellan Ranch Preserve to the northeast; and Linda Vista Park to the southeast. Additional information on parks is provided in Chapter 4, Environmental Analysis, in Section XIV, Parks and Recreation.

Public schools near the project site are Monta Vista High School in the Fremont Union High School District, and John F. Kennedy Middle School and Abraham Lincoln Elementary School in the Cupertino Union School District, each approximately 1 mile to the east of the site. Private schools and/or educational facilities near the project site include Saint Joseph of Cupertino School approximately 2 miles to the east, Futures Academy of Cupertino approximately 3 miles to the east, Bethel Lutheran School approximately 4 miles to the east, and Waldorf School of the Peninsula approximately 4 miles to the northwest. Other sensitive land uses near the project site include the Cupertino Healthcare and Wellness nursing home approximately 0.25 miles to the north, Namo Day Care approximately 0.30 miles to the north, Sunny View Bay Area Retirement Community approximately 0.75 miles to the north, and Cupertino Senior Center approximately 1.5 miles to the northeast.

The major employment centers within approximately 1 to 2 miles of the project site are the Bubb Road Special Area, and the De Anza College to the northeast, and the Permanente Quarry (Lehigh Cement Company), the Stevens Creek Quarry, Inc. to the southwest.

The nearest public airports are San José International Airport, approximately 8.5 miles to the northeast, and Palo Alto Airport, approximately 10 miles to the north. The nearest heliports are McCandless Towers Heliport, approximately 7 miles to the northeast, and County Medical Center Heliport, approximately 7.5 miles to the east. The nearest private (military/corporate) airport is Moffett Federal Airfield, approximately 7 miles to the north. The project site is not located within an airport land use plan.

3.1.3 EXISTING SITE SETTING

SITE CHARACTER
As shown on Figure 3-3, the site is currently developed with three structures: two commercial buildings and a vacant residential unit. The largest commercial building is a one-story building that is partially occupied by neighborhood-serving land uses on the west side of the project site. The second commercial building is a one-story building on the northeast corner of the project site. It is occupied by the Cupertino Bike Shop, which has an attached two-story residential unit on the west side of the building that is unoccupied and currently used for additional bike storage. The third structure is a vacant one-story residential unit on the northwest corner of the project site, with a detached shed and surrounding grassy areas. Combined, the existing commercial and residential buildings represent 13,225 square feet of building space. A concrete retaining wall separates the vacant, detached residential unit and associated shed from the rear of the Cupertino Bike Shop and parking lot. The site also contains surface parking. 125
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Source: Google Earth Professional, 2018; PlaceWorks, 2020.

Figure 3-3
Existing Conditions
S. Foothill Blvd
Stevens Canyon Road
Project Site
McClellan Road
St. Andrews Ave
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The site was used for orchards and associated buildings in 1939. The orchards were removed in 1948.

According to the Department of Toxic Substance Control, when orchards have been removed or became inactive prior to 1950 organic pesticides are not an issue warranting further testing.9 Following the removal of the orchards, the project site was developed with the existing smaller mixed-use building located on the site. The larger building on the site was constructed by 1963.10 Due to the age of the existing buildings, they may contain asbestos-containing materials or lead-based paint, which were not regulated in construction until the early 1970’s.

Because the smaller building on the project site was developed in 1948, it has the potential to be considered a historic building; however, it is not currently listed on the National Register of Historic Places or the list of California Historical resources.11
Surrounding uses in the vicinity of the project site include one-story and two-story single-family residential units.

VEGETATION AND LANDCOVER
Using data from the Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG)12 habitat mapping program, the site is classified as an “urban area.” Property with this classification tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. According to the Vegetation Map shown in the Environmental Resources and Sustainability Element of the General Plan, the project site is within the urban forest (i.e., trees in the city). 13 The City recognizes that every tree on both public
and private property is an important part of Cupertino's urban forest and contributes significant economic, environmental, and aesthetic benefits of the community.14 Landscaping on-site includes two mature and non-native trees over 70 feet tall, a Redwood tree on the northeast corner that is proposed for removal, and a Palm tree on the southeast corner that would remain. The trees on-site are considered protected development trees pursuant to Cupertino Municipal Code (CMC) Section 14.18.050(c).
15 9 California Department of Toxic Substances Control California Environmental Protection Agency, Interim Guidance for Sampling Agricultural Properties, page 3, August 7, 2008. 10 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, pages 8 and 9, January 12. 11 California Office of Historic Preservation. 2019. California Historical Resources. Accessed May 6, 2019 at http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43. 12 The CALVEG system was initiated in January 1978 by the Region 5 Ecology Group of the US Forest Service to classify California’s existing vegetation communities for use in statewide resource planning. CALVEG maps use a hierarchical classification on the following categories: forest; woodland; chaparral; shrubs; and herbaceous. 13 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 6, Environmental Resources and Sustainability Element, Figure ES-1. 14 City of Cupertino, Tree Protection and Tree Removal link on the City’s website, Accessed May 6, 2019 at https://www.cupertino.org/our-city/departments/community-development/planning/residential-development/tree-protectiontree-removal. 15 City of Cupertino, Municipal Code, Section 14.18.050 Protected Trees, Accessed May 6, 2019. 127
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The California Natural Diversity Database (CNDDB) has no record of special-status plant or animal species on the project site but does show there are special-status plant and animal species within a 5-mile area surrounding the project site. Special-status species have been recorded in the open space areas in the project vicinity.

The California Department of Forestry and Fire Projection (CAL FIRE) has designated the project site as a Local Responsibility Area (LRA) and a non-very high fire hazard severity zone. The project site is near lands that CAL FIRE designates as a State Responsibility Area (SRA), which are approximately 0.5 miles to the west of the site.16 The project site is located within the wildland-urban interface, which is an area of transition between wildland (unoccupied land) and land with human development (occupied land). 17 The site is generally flat with elevation of 429 feet above mean sea level with a regional topographic slope downward to the east.18 The surficial geology is young, unconsolidated Quaternary alluvium,19 which is described as Holocene-age younger alluvium and coarse-grained alluvium that are composed of unconsolidated, poorly sorted gravel, silt, sand, clay, and organic matter. No paleontological resources have been identified on the project site; however, the presence of Pleistocene deposits that are known to contain fossils indicates that the overall city, including the project site, could contain paleontological resources.20
The existing impervious surface totals 46,584 square feet. Stormwater from the site drains to a network of City-maintained storm drains in Stevens Canyon Road and South Foothill Boulevard that collect runoff from city streets and carry it to the creeks that run through Cupertino to the San Francisco Bay. The project site is within an area where some of the storm drains are deficient in conveying the water from a 10-year storm, based on the 2018 Storm Drain Master Plan. 16 CAL FIRE. 2008. Cupertino, Very High Fire Hazard Severity Zones in LRA. http://www.fire.ca.gov/fire_prevention/fhsz_maps/FHSZ/santa_clara/Cupertino.pdf 17 CAL FIRE. 2018. Wildland-Urban Interface Fire Threat. http://www.arcgis.com/home/item.html?id=d45bf08448354073a26675776f2d09cb, accessed May 7, 2019. 18 Applied Water Resources, 2018, Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard/ Stevens Canyon Road, Cupertino, California, page 8, January 12. 19 US Geological Survey, 1994, Preliminary Quaternary Geologic Maps of Santa Clara Valley, Santa Clara, Alameda, and San Mateo Counties, California: A Digital Database, Open-File Report 94-231, by E.J. Helley, R.W. Graymer, G.A. Phelps, P.K.

Showalter, and C.M. Wentworth. 20 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, (December 2014) State Clearinghouse Number 2014032007 (October 2015), and approved Addenda (October 2015, July 2019, August 2019, and December 2019).
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3.1.4 LAND USE DESIGNATION AND ZONING

GENERAL PLAN
The site is located in the Other Non-Residential/Mixed-Use Special Area21 and a Neighborhood Center. 22 The site is located in the Inspiration Heights Neighborhood abutting the Monta Vista North Neighborhood.
23 The site has a General Plan land use designation of Commercial/ Residential.24 A description of these designations is provided below.

Other Non-Residential/Mixed-Use Special Areas
The City has designated Special Areas along one of the four major mixed-use corridors in the city, which represent key areas within Cupertino where future development and reinvestment is generally focused.

The Other Non-Residential/Mixed-Use Special Area include four key areas and all other nonresidential properties not referenced in an identified commercial area. The project site is at one of the four key areas identified as the west side of Stevens Canyon Road. 25 The Other Non-Residential/Mixed-Use Special Area describes the vision for Neighborhood Centers and states that such locations should be redeveloped using the “Neighborhood Commercial Center” concept described in the Land Use and Community Design Element of the General Plan (Chapter 2).26 However, developing using this concept is not required. The vision statement describes that buildings in the Neighborhood Centers should be typically one to two stories tall but may be up to three stories in some instances where it is allowed.27 The maximum residential density within Neighborhood Commercial Centers identified in the Community Form Diagram is 15 dwelling units per acre.28
Inspiration Heights Neighborhood
Cupertino has 12 distinct neighborhoods that are each unique in their location, development pattern, identity, and access to community services. While the Inspiration Heights neighborhood is situated in the western foothills of Cupertino, the project site is located in the lower elevation portions of the neighborhood that is urbanized. The project site is on the western border of this neighborhood on Stevens Creek and Foothill Boulevards, which provides a transition with the adjoining neighborhoods on the valley floor. The vision for this neighborhood, as described in the General Plan, is to continue to be a 21 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, page PA-15. 22 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 3, Land Use and Community Design Element, Figure LU-2, Community Form Diagram, page LU-17. 23 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, Figure PA-2, Neighborhoods, page PA-18. 24 City of Cupertino Land Use Map adopted November 15, 2005 and amended August 20, 2019. 25 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 3, Land Use and Community Design Element, page LU-65.
26 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, page PA-15. 27 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, Vision, page PA-15. 28 City of Cupertino General Plan, Community Vision 2040, Chapter 3, Land Use, Figure LU-2, Community Form Diagram, pages LU-16 and LU-17.
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low-intensity and hillside residential area.
29 Future development should consider preservation of hillsides, riparian corridors, and plant and animal wildlife habitat through sensitive site and building design.30 Commercial/Residential Land Use Designation
The Commercial/Residential land use designation allows primarily commercial uses and secondarily residential uses or a compatible combination of the two uses. 31 Commercial use means retail sales,
businesses, limited professional offices, and service establishments with direct contact with customers.

This land use designation applies to commercial activities ranging from neighborhood convenience stores to regionally oriented specialty stores. Retail stores that would be a nuisance for adjoining neighborhoods or harmful to the community identity would be regulated by CMC Chapter 19.60, General Commercial Zones, and the associated commercial zoning ordinance use permit procedures. Smaller commercial parcels in existing residential areas, such as the project site, may be needed to provide local neighborhood serving retail; otherwise, they may be redeveloped at residential densities compatible with the surroundings. As previously stated, the maximum residential density on the project site is 15 dwelling units per acre.32

ZONING DISTRICT
The project site is within the Planned Development with General Commercial (P(CG)) zoning district. As described in CMC Section 19.80.010, the Planned Development zoning district is intended to provide a means of guiding land development or redevelopment of the city that is uniquely suited for planned coordination of land uses. Development in this zoning district provides for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives.33 CMC Chapter 19.80 also allows a project proponent to propose development standards for their specific project.

All Planned Development districts are identified on the zoning map with the letter coding "P" followed by a specific reference to the general type of use allowed in the particular planning development zoning district. The type of use allowed on the project site is General Commercial (CG), which allows commercial uses such as retail food, drug, apparel, or hardware stores, full-service restaurants, professional and commercial office services, laundry facilities, non-auto related repair services, and personal services, along with several other specialty uses.
34 29 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, Vision, page PA-24 and PA-25. 30 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 3, Land Use and Community Design Element, Inspiration Heights Neighborhood, page LU-75. 31 City of Cupertino General Plan (Community Vision 2015-2040), Appendix A: Land use definitions, Planning Areas, page A4. 32 City of Cupertino General Plan, Community Vision 2040, Chapter 3, Land Use, Figure LU-2, Community Form Diagram, pages LU-16 and LU-17. 33 City of Cupertino Municipal Code, Title 19, Zoning, Chapter 19.80, Planned Development, Section 19.80.010, Purpose. 34 City of Cupertino Municipal Code, Title 19, Zoning, Chapter 19.60, General Commercial, Section 19.60.030, Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts. 130
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The proposed designation of General Commercial with Residential uses (CG, Res), which is consistent with the General Plan land use designation for the site, is a district in which uses are intended to be a mix of general commercial and residential.35 The proposed project requires a zoning amendment to allow residential uses on the project site. This is discussed further, below, in Section 3.2, Project Components.

OTHER REQUIREMENTS
Setback Standards
Because the property is zoned Planned Development, any proposed commercial project would have to meet the specific front, side, or rear yard setbacks required when a lot abuts residential or agricultural zones based on CMC Chapter 19.64, General Commercial (CG) zoning district. However, in the event, the commercial property does not abut these zones, there are no stated setbacks, in which case, setback requirements for commercial property would be determined by City staff during project review.

The proposed project is a mixed-use single-family development on a small lot (1.57 acres). The City’s Zoning Code does not have any adopted standards for the development of projects similar to the proposed project. However, pursuant to CMC Chapter 19.80, the Planned Development Zoning District allows a project proponent to propose zoning setbacks different from those required in the underlying Zoning District to allow flexibility in the project, as long as these are approved by the City Council. In any case, the setbacks in the Zoning Code or the setbacks proposed by the project, the project site must adhere to the General Plan requirement of maintaining sufficient space for adequate light, requirement for air and visibility at intersections, and the requirement for general conformity to yard requirements of adjacent or nearby zones, lot or parcels. The General Plan does not have any applicable setback requirements for this property.

Landscaping
CMC Chapter 14.15, Landscape Ordinance, implements the California Water Conservation in Landscaping Act of 2006 by establishing new water-efficient landscaping and irrigation requirements. Any building or landscape project that involves more than 2,500 square feet of landscape area is required to submit a Landscape Project Submittal to the Director of Community Development for approval. Existing and established landscaped areas greater than 1 acre in size, including cemeteries, are required to submit water budget calculations and audits of established landscapes.36 Tree Requirements
CMC Chapter 14.12, Trees, establishes regulations for the planting, care, and maintenance of public trees, and provides for the continuous maintenance of the public trees, with the goal of encouraging 35 City of Cupertino Municipal Code, Title 19, Zoning, Chapter 19.80, Planned Development, Section 19.80.030, Establishment of Districts- Permitted and Conditional Uses. 36 City of Cupertino Municipal Code, Title 14, Streets, Sidewalks and Landscaping, Chapter 14.15, Landscape Ordinance. 131
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preservation of trees. The City funds the planting and maintenance of public trees through payment of reimbursement costs as a conditions of building permit issuance.37 CMC Chapter 14.18, Protected Tree Ordinance, provides regulations for the protection, preservation, and maintenance of trees of certain species and sizes.38 Removal of a protected tree requires a permit from the City. “Protected” trees include trees of a certain species and size on private property in all zoning districts; heritage trees whether on private or public property in all zoning districts; any tree required to be planted or retained as part of an approved development application, building permit, tree removal permit, or code enforcement action in all zoning districts; and approved privacy protection planting in single-family residential (R-1) zoning districts. Since the existing development is on property that requires a development application, all existing trees on the site are considered protected.39 Bird Safe Design Ordinance
The City of Cupertino draft Bird Safe Design Ordinance, CMC Chapter 19.102, Glazing and Lighting Standards, which contains specific building and site design measures to reduce bird mortality from windows or other specific glass features known to increase the risk of bird collisions and to reduce light pollution known to contribute to bird mortality and reduced visibility of the night sky. These guidelines, once adopted, would be applicable to any project that is required to obtain a building permit or a Permit pursuant to Title 19, Zoning, including the proposed project.

CMC Section 19.102.030, Bird-safe Development Requirements, includes:
 Glass requirements for new or replacement windows of twelve square feet or more and facades requiring no more than 10 percent of the surface area of the façade be untreated glass between the ground and 60 feet above ground. Treatments can include opaque glass, window muntins, exterior insect screens, exterior netting, or special glass treatments such as fritting to provide visual cues and reduce the likelihood of bird collisions.
 Indoor lighting requirements to program automatic sensors and timer to turn off at 11:00 p.m., within two hours after business closes, or the addition of filtering with the use of interior or exterior blinds.  Design requirements to avoid funneling of flight paths along buildings or trees to building facades; avoid use of highly reflective glass or highly transparent glass; and avoid glass skyways or walkways, freestanding glass walls, transparent building corners, or other design elements where trees, landscaping, water features, or the sky is visible form the exterior.

CMC Section 19.102.140, Outdoor Lighting Requirements, includes requirements to reduce light pollution throughout the city. These requirements prohibit outdoor lighting that blinks, flashes, or rotates; outdoor lighting that projects above the horizontal plan; lighting that unnecessarily illuminates other lots or interferes with the enjoyment of that lot; high-intensity discharge lighting for recreation courts or private property; and spotlights. Outdoor lighting that is not prohibited, must abide by the following:
37 City of Cupertino Municipal Code, Title 14, Streets, Sidewalks and Landscaping, Chapter 14.12, Trees. 38 City of Cupertino Municipal Code, Title 14, Streets, Sidewalks and Landscaping, Chapter 14.18, Protected Trees. 39 City of Cupertino Municipal Code, Title 14, Streets, Sidewalks and Landscaping, Chapter 14.18, Protected Trees. 132
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 All outdoor light much be fully shielded fixtures directed downward to meet the particular need and away from adjacent properties.
 Illumination levels cannot exceed one foot-candle onto an adjacent property and maximum light intensity cannot exceed a maintained value of ten foot-candles when measured at finished grade.  All light sources must have a maintained correlated color temperature of 3,000 Kelvin or less.  All outdoor lighting must be turned off by 11:00 p.m. or when people are no longer present in exterior areas, except for security lighting required and designed according to the California Building Code.
 Automated control systems should be used to meet lighting requirements.  Lighting design must compliment building and landscaping, and fixtures must be appropriate in height, intensity, and scale to the use.

UTILITIES AND ENERGY
Energy Conservation
The California Green Building Standards Code (Part 11, Title 24, known as “CALGreen”) was adopted as part of the California Building Standards Code (Title 24, California Code of Regulations) to apply to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in the California Building Standards Code, throughout the State of California.40 CALGreen established planning and design standards for sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water conservation requiring new buildings to reduce water consumption by 20 percent, material conservation, and internal air contaminants. The local building permit process enforces the building efficiency standards. CMC Chapter

16.58, Green Building Standards Code, adopts the CALGreen requirements and makes it part of the CMC along with local amendments for projects in the city. The City’s Green Building Ordinance contains mandatory, minimum required green building techniques, including measures affecting water use efficiency and water conservation.

CMC Sections 16.58.100 through 16.58.220 sets forth the standards for green building requirements by type of building. As shown on Table 101.10 in CMC Section 16.58.220, mixed-use project with residential and non-residential components shall comply by either: (1) meeting the applicable requirements for each use; or (2) meeting the applicable requirements for the use that comprises the majority of the project’s square footage where uses are attached and/or combined in a building. For the residential component, new construction greater than nine homes is required to be Green Points Rated certified at minimum 50 points, Silver in Leadership in Energy & Environmental Design (LEED), or Alternate Reference Standard per Section 101.10.2.
41 For the non-residential component, development less than 25,000 square-feet is 40 California Code of Regulations, Title 24, Part 11, January 1, 2020, California Green Buildings Standards Code, https://codes.iccsafe.org/content/CAGBSC2019/copyright. 41 Leadership in Energy & Environmental Design (LEED) is a green building certification program that recognizes best-in-class building strategies and practices that reduce consumption energy, and water, and reduce solid waste directly diverted to landfills. LEED certified buildings are ranked in order of efficiency from Certified, Silver, Gold and Platinum being the highest 133
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required to comply with the CALGreen Building Code per Chapter 5 of the California Green Building Standards Code. CMC Section 16.58.230 permits applicants to apply an alternate green building standard for a project in lieu of the minimum standards outlined in CMC Section 16.58.220 that meet the same intent of conserving resources and reducing solid waste.

The California Energy Code (Part 6, Title 24) was adopted as part of the California Building Standards Code (Title 24) to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings. The City of Cupertino has adopted the California Energy Code, with local amendments into, as CMC Chapter 16.54, Energy Code. CMC Section 16.54.100(2), Scope for Newly Construction Building, requires all newly constructed buildings to be All-Electric Buildings. All-Electric Buildings are defined as a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space heating, water heating.42 The City is currently in the process of approving reach codes, which will go above California Energy Code requirements to reduce energy and water, and associated greenhouse gas emissions.

Solid Waste Reduction
Consistent with CALGreen, CMC Chapter 16.72, Recycling and Division of Construction and Demolition Waste, requires that a minimum of 65 percent of all non-hazardous construction and demolition debris must be recycled or salvaged and that all applicants have a waste management plan for on-site sorting of construction debris. Additionally, in December 2017, the City adopted a Zero Waste Policy.43 According to the Zero Waste Policy, the City will require, through the City’s waste hauling franchise agreement, steadfast and ongoing efforts by the City’s franchisee to maintain a minimum residential and commercial waste diversion rate of 75 percent with a goal of reaching and maintaining 80 percent by 2025.

Water Quality
CMC Chapter 9.18, Storm Water Pollution Prevention and Watershed Protection provides regulations and gives legal effect to the Municipal Regional Storm Water National Pollutant Discharge Elimination System (NPDES) Permit (MRP) issued to the City. This chapter also ensures ongoing compliance with the most recent version of the City’s MRP regarding municipal storm water and urban runoff requirements. This chapter applies to all water entering the storm drain system generated on any private, public, developed, and undeveloped lands within the city. The CMC contains permit requirements for construction projects and new development or redevelopment projects to minimize the discharge of storm water runoff. ranking with the greatest efficiency standard. LEED Silver certified buildings typically reduce is the third highest ranking out of the four, with just being certified being the lowest and Gold and Platinum being the second highest. 42 CMC Section 16.54.110, Definitions and Rules of Construction. 43 City of Cupertino, Public Works, Garbage & Recycling, https://www.cupertino.org/our-city/departments/environmentsustainability/waste, accessed November 30, 2018. 134
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3.2 PROJECT COMPONENTS
The project applicant proposes to redevelop the project site with a mixed-use commercial and residential development consisting of one mixed-use building with commercial and residential uses and a mix of residential buildings with associated amenities, infrastructure, and landscaping. Combined the project would have 18 residential units and 4,536 square feet of neighborhood-serving commercial space. The conceptual site plan for the proposed project is shown on Figure 3-4. The following provides a detailed description of the key project components. A complete set of preliminary site plans are available on the City’s website at www.cupertino.org/canyoncrossing and at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.

3.2.1 PROPOSED BUILDINGS

MIXED-USE BUILDING
The proposed project’s mixed-use building would have 4,536 square feet of neighborhood-serving commercial space on the ground floor and five apartment units on the second floor. Apartments would be comprised of two one-bedroom units between 918 square feet and 1,003 square feet, and three twobedroom units ranging between 1,240 square feet and 1,500 square feet. The mixed-use building would front South Foothill Boulevard/ Stevens Canyon Road. See Figures 3-5 through 3-6.

A trash and recycling enclosure would be located on the ground floor on the southern side of the mixeduse building and would be accessed by the waste management company on trash day from the internal roadway network. See Figure 3-4.

One-level of subterranean parking would be provided below the mixed-use building and surface parking spaces would be provided on the northeast corner of the site. Vehicular parking would meet the standards of the Americans with Disabilities Act (ADA). Class 2 bicycle racks44 would be included at the ground level and Class 1 bicycle lockers45 would be provided for residents in the subterranean parking area. See Figure 3-7. The surface parking spaces are illustrated on Figure 3-4.

As shown in Figure 3-8, the proposed mixed-use building would be a maximum of 30 feet tall (two stories). The mechanical equipment and heating, ventilation, and air conditioning (HVAC) unit would be located on the roof of the mixed-use building and would be screened by a parapet46 facing Stevens Canyon Road.

44 Class 2 parking facilities include bicycle racks to which the frame and at least one wheel can be secured with a userprovided lock. 45 Class 1 facilities protect the entire bicycle from theft, vandalism, and inclement weather and are appropriate for longterm storage. 46 A parapet is a low protective wall along the edge of a roof, bridge, or balcony. 135
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Source: TS Civil Engineering, 2020.

Figure 3-4
Conceptual Site Plan
0 Scale (Feet)
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10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281

CANYON CROSSINGS
10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-028

CANYON CROSSINGS
Source: LPMD Architects, 2020.

Figure 3-5
Mixed-Use Building Ground Floor
0 Scale (Feet)
32 PROJECT DESCRIPTION

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10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281
CANYON CROSSINGS Source: LPMD Architects, 2020.

Figure 3-6
Mixed-Use Building Second Floor Apartments and Roof
0 Scale (Feet)
32 PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 138
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10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281

CANYON CROSSINGS
Source: LPMD Architects, 2020.

Figure 3-7
Mixed-Use Building Subterranean Parking Level
0 Scale (Feet)
32 PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 139
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139 of 641
10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281

CANYON CROSSINGS

FRONT ELEVATION

REAR ELEVATION

SIDE ELEVATIONS
Source: LPMD Architects, 2020.

Figure 3-8
Mixed-Use Building Elevation

PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 140
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140 of 641

CANYON CROSSINGS MIXED - USE PROJECT INITIAL STUDY

CITY OF CUPERTINO

PROJECT DESCRIPTION
3-20 DECEMBER 2021

REVISED FINAL DRAFT

SINGLE-FAMILY RESIDENTIAL BUILDINGS
The proposed project would include a mix of attached and detached single-family residential buildings with a total of 13 single-family dwelling units. Each single-family dwelling unit would have a private driveway with an attached two-car garage that would front the internal roadway network and would be separated from the adjacent residential properties with back- and side-yard areas. The five detached single-family homes would have three bedrooms. The single-family homes are identified as numbers six through ten on Figure 3-4. The units range between 2,624 square feet and 2,642 square feet with floor area ratios between 1.11 and 1.15. The eight attached single-family homes would have three bedrooms each. The attached single-family homes are identified as numbers one through five and 11 through 13 on Figure 3-4. Two of these units are smaller at about 2,065 square feet, while the rest range between 2,481 square feet and 2,692 square feet in size. The proposed residential buildings would be a maximum of 30 feet tall (two stories). Figures 3-9 through 3-11 illustrate the elevations of each unit type.

RESIDENT AND PUBLIC AMENITIES
Each residential building would have its own private open space at the back of each unit. The backyards range in size from 264 square feet to 591 square feet in area. Each apartment unit includes a private deck that ranges from 61 square feet to 126 square feet. The proposed project also includes three common open space areas totaling 5,691 square feet. The common open space areas are labeled as Areas 1, 2, and Public Plaza on Figure 3-4. Area 1 is located on the southeastern corner of the site and is 1,044 square feet. Area 2 is located west of the mixed-use building near the center of the site and is 1,990 square feet.

Area 3 is a public plaza to the north of the mixed-use building and is 2,657 square feet. The common open space areas and the public plaza would include landscaping and areas for gathering (i.e., tables, umbrellas, benches, etc.).

3.2.2 POPULATION AND EMPLOYEE ESTIMATES
Based on an average household size of 2.87 persons,47 the proposed project would generate 52 residents.48 Applying the generation rate of one job for every 450 square feet of commercial uses, the proposed project would generate 10 employees.49 The single residential unit on site is not occupied at this time and the approximately 10,500 square feet of commercial buildings are partially occupied. Applying the same generation rates as the proposed project, the current uses at full occupancy could generate about 3 residents and 23 employees. Therefore, the net new occupants of the site would be 49 residents and minus 13 employees. It is anticipated that future residents and employees would be drawn largely from Cupertino and other communities in the San Francisco Bay Area.

47 This analysis is based on the Association of Bay Area Governments (ABAG) 2019 projections of the average household size of 2.87 persons for Cupertino in 2020. This is the standard approach for population and housing analysis in Cupertino. 48 18 new units multiplied by 2.87 persons per unit equals 51.66 new residents. 49 4,356 square feet of commercial land use/450 square feet per employee = 9.68 employees. 141
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10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281

CANYON CROSSINGS

FRONT ELEVATION REAR ELEVATION

SIDE ELEVATION
Source: LPMD Architects, 2020.

Figure 3-9
Detached Single-Family Homes Elevation

PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 142
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142 of 641
10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281

CANYON CROSSINGS

FRONT ELEVATION

REAR ELEVATION
Source: LPMD Architects, 2020.

Figure 3-10
Attached Single-Family Homes Elevation

PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 143
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143 of 641
10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281

CANYON CROSSINGS

SIDE ELEVATION

FRONT ELEVATION REAR ELEVATION
Source: LPMD Architects, 2020.

Figure 3-11
Attached Single-Family Homes Elevation

PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 144
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CANYON CROSSINGS MIXED - USE PROJECT INITIAL STUDY

CITY OF CUPERTINO

PROJECT DESCRIPTION
3-24 DECEMBER 2021

REVISED FINAL DRAFT

3.2.3 CIRCULATION AND ACCESS

VEHICULAR ACCESS
As shown on Figure 3-12, the project would have two-lane entrance/exit circulation pattern with the access points at the South Foothill Boulevard/McClellan Road intersection and the Stevens Canyon Road/ St. Andrews Avenue intersection. The project access points would modify the existing three-way (or “t”) intersections at South Foothill Boulevard/McClellan Road and Stevens Canyon Road/St. Andrews Avenue.

The proposed project would extend McClellan Road and St. Andrews Avenue onto the project site; however, the on-site roadway extensions would be for use by future residents and customers only and would be privately maintained (i.e., not the responsibility of the City). The proposed attached single-family homes would be accessed via these roadway extensions, which would allow for two-way travel in and out of the single-family homes. The proposed single-family homes would be accessed via either driveway that would run along a north-south axis on the property. Entry to the subterranean parking under the mixeduse building would be accessed from the proposed on-site roadway.

Proposed emergency access routes are similar to the proposed vehicle access routes. Emergency personnel would also have access to the backyard areas of the residential buildings via gates or partitioned fences on the side yards or backyard of the residential buildings, that would remain unlocked.

Waste management vehicles would follow the same vehicle route, with access to the two residential roads on the west side of the project site.

PEDESTRIAN AND BICYCLE ACCESS
Class II bike lanes currently exist on both sides of South Foothill Boulevard and Stevens Canyon Road along the length of the project site. Bicyclists would access the project site from the existing Class II bike lanes via the internal roadway network. Class III Bikeway or Bike Route designated signs and pavement markings for automobile and bicycle shared use are provided along McClellan Road on both sides of the roadway. 50 Pedestrian access to the site would be via the proposed monolithic sidewalk along the eastern border of the project site along the west side of South Foothill Boulevard and Stevens Canyon Road, which would connect with the internal sidewalks on the project site. The proposed sidewalk would also connect to the existing sidewalk to the north of the project site on west side of South Foothill Boulevard. Pedestrians would also have access to the site via the existing crosswalks marked with ladder stripping on Stevens Canyon Road connecting to McClellan Road and St. Andrews Avenue.

50 Class II Bikeways are bike lanes for bicyclists that are generally adjacent to the outer vehicle travel lanes and have special lane markings, pavement legends, and signage. Class III Bike Routes are designated roadways for bicycle use by signs or other markings may or may not include additional pavement width for cyclists 145
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STEVENS CANYON ROAD
S. FOOTHILL BLVD. ST ANDREWS AVE
10625 S. FOOTHILL BLVD.

CUPERTINO - CALIFORNIA
Architects
1288 Kifer Road, Suite 206
Sunnyvale, CA 94086
Telephone : 408-992-0280
Fax : 408-992-0281

CANYON CROSSINGS
Figure 3-12
Circulation Map
Source: LPMD Architects, 2020.
0 Scale (Feet)
80 PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 146
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CITY OF CUPERTINO

PROJECT DESCRIPTION
3-26 DECEMBER 2021

REVISED FINAL DRAFT

3.2.4 LANDSCAPING
The proposed project would include 16,602 square feet of pervious landscaped surfaces. Figure 3-13 illustrates the proposed landscaping plan. The project site includes landscaping throughout the project site’s interior and the surrounding perimeter, and additional landscaping in the common open space areas. For neighborhood privacy and to help reduce bird collisions, 5-foot screening shrubs would be planted along the north, south, and western borders of the project site, where the adjacent land use is residential. Trees and other landscaping would be planted along South Foothill Boulevard and Stevens Canyon Road as well as along the internal project roadway network. As stated above in Section 3.1.4, Land Use and Zoning, the project is required to submit a Landscape Project Submittal for approval by the City.

The proposed landscaping would be consistent with the surrounding Northern California landscape and would include native and/or adaptive, and drought resistant plant materials of similar water use grouped by hydrozones, which are areas where plants are organized based on similar water use.51 The majority of plantings would be drought tolerant grasses, shrubs, and trees that, once established, are adapted to a dry summer and intermittent rain in the winter season. There would also be appropriate landscaping in the bioretention areas required by the City’s Municipal Regional Permit.

3.2.5 LIGHT AND GLARE
As shown in by Figure 3-14, the source, intensity, and type of exterior lighting for the project site would generally be provided for the purpose of orienting site users and for safety needs. All permanent on-site lighting would be low-level illumination, downward directed, and shielded to reduce light spill or glare into surrounding residential homes. There would be no up-lighting on the mixed-use building exterior. In landscaped and paved areas, light sources would be concealed and not visible from a public viewpoint.

Unless used for safety, all outside lighting would be turned off by 11:00 p.m. All exterior surface and above-ground mounted fixtures would be complementary to the architectural theme and to the surrounding residential units.

The proposed project would not include reflective glass. Where glass features such as windows and doors are proposed, glazing treatments would vary; however, none of the exterior glass would have a light reflectance value of more than 15 percent.52
51 The California Model Water Efficient Landscape Ordinance defines a hydrozone as a portion of the landscaped area having plants with similar water needs. 52A light reflectance value or LRV is a measure of visible and usable light that is reflected from a surface when illuminated by a light source. LRV is expressed as a percentage from 0 to 100; the higher the number the more visible light that is reflected. 147
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Figure 3-13
Proposed Landscape Plan
0 Scale (Feet)
80 Source: Reed Associates Landscape Architecture, 2020.

PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 148
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0.00 0.00 0.00 0.01 0.05 0.17 1.53 0.73 0.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.01 0.03 0.09 1.28 0.87 0.24 0.02 0.01 0.00 0.00

0.00 1.76 0.81 0.00 0.00 2.29 0.95 0.00

0.00 2.01 0.45 0.01 0.01 2.96 0.79 0.00

0.00 1.93 0.79 0.01 0.02 0.02 1.13 0.00

0.00 1.64 0.95 0.03 0.03 0.03 1.11 0.00

0.00 1.58 0.92 0.33 0.13 0.12 0.14 0.11 0.08 2.42 0.92 0.00

0.00 0.32 1.59 0.88 0.40 0.22 0.21 0.34 0.27 0.26 0.80 0.00

0.00 0.41 0.97 1.28 0.58 0.61 0.50 0.39 0.64 0.82 0.89 0.62 0.71 0.98 0.95 0.76 0.85 1.15 1.29 1.25 2.10 0.95 0.00

0.01 0.11 0.60 2.71 2.71 2.74 5.40 3.63 4.05 4.14 6.21 3.80 2.11 0.52 0.01

0.01 0.02 0.16 3.10 3.64 0.81 2.81 0.33 0.08 0.03 0.01 0.01

0.34 0.02 2.41 0.22 0.14

2.11 2.32 0.60 0.19

1.32 0.86 0.37 0.12

1.61 1.19 0.36 0.07 0.02 0.02

1.18 1.41 0.33 0.06 0.03 0.02

0.93 1.22 0.24 0.04 0.02 0.01 0.00

0.10 0.23 0.46 0.94 0.14

3.62 4.11

3.95 4.81

3.95 4.95

3.86 4.52

3.49 3.87

3.44 3.58

4.60 3.77 3.79 3.97 6.16 4.52 4.12 4.89 4.22 3.01 4.28

4.17 3.98 2.66 3.16 3.92 4.25 4.24 4.06 4.06 3.51 4.01 4.08 4.25 3.82 4.02 4.00 2.64 3.35 3.83

4.50 1.10 3.49 2.83 1.51 1.97

2.89 2.20 3.42

1.45 2.12 4.22

3.52 1.99 3.85

1.21 2.12

STEVENS CANYON ROAD
C C CC
E1
GENERAL NOTES:

TYPE A TYPE B

LIGHTING CUTSHEETS

PHOTOMETRIC DATA
Luminaire Schedule
Symbol Qty Label Arrangement LLF Description Arr. Watts 11 Type A SINGLE 0.900 Lithonia DSXO LED P11 30K T3M MVOLT HS L90, 14ft. Pole 72 4 Type B SINGLE 0.900 Lithonia DSXB LED 12C 530 30K ASY D-SERIES 22 Archit
1288 Kifer Road
Sunnyvale, CA 9
Telephone : 40
Fax : 40
Calculation Surface
Designation CalcType Units Avg Max Min Avg/Min Max/Min
Driveway / Parking Lot Illuminance Fc 3.75 21.0 0.55 6.8 38

0.00 0.00 0.00 0.01 0.05 0.17 1.53 0.73 0.16 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.01 0.03 0.09 1.28 0.87 0.24 0.02

0.00 1.76 0.81 0.00 0.00 2.29 0.95

0.00 2.01 0.45 0.01 0.01 2.96 0.79

0.00 1.93 0.79 0.01 0.02 0.02 1.13

0.00 1.64 0.95 0.03 0.03 0.03 1.11

0.00 1.58 0.92 0.33 0.13 0.12 0.14 0.11 0.08 2.42 0.92

0.00 0.32 1.59 0.88 0.40 0.22 0.21 0.34 0.27 0.26 0.80

0.00 0.41 0.97 1.28 0.58 0.61 0.50 0.39 0.64 0.82 0.89 0.62 0.71 0.98 0.95 0.76 0.85 1.15 1.29 1.25 2.10 0.95

0.01 0.11 0.60 2.71 2.71 2.74 5.40 3.63 4.05 4.14 6.21 3.80 2.11 0.52

0.01 0.02 0.16 3.10 3.64 0.81 2.81 0.33 0.08

0.34 0.02 2.41 0.22 0.14

2.11 2.32 0.60 0.19

3.62 4.11

3.95 4.81

3.95 4.95

3.86 4.52

3.49 3.87

3.44 3.58

4.60 3.77 3.79 3.97 6.16 4.52 4.12 4.89 4.22 3.01 4.28

4.17 3.98 2.66 3.16 3.92 4.25 4.24 4.06 4.06 3.51 4.01 4.08 4.25 3.82 4.02 4.00 2.64 3.35 3.83

4.50 1.10 3.49 2.83 1.51 1.97
C C CC
GENERAL NOTES:

TYPE A TYPE B

LIGHTING CUTSHEETS

PHOTOMETRIC DATA
Luminaire Schedule
Symbol Qty Label Arrangement LLF Description Arr. Watts 11 Type A SINGLE 0.900 Lithonia DSXO LED P11 30K T3M MVOLT HS L90, 14ft. Pole 72 4 Type B SINGLE 0.900 Lithonia DSXB LED 12C 530 30K ASY D-SERIES 22 Calculation Surface
Designation CalcType Units Avg Max Min Avg/Min Max/Min
Driveway / Parking Lot Illuminance Fc 3.75 21.0 0.55 6.8 38 Figure 3-14
Proposed Lighting Plan
Source: Source: LPMD Architects, 2020; MR Engineering Consultants, 2020. 0 Scale (Feet)
80 PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 149
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CITY OF CUPERTINO

PROJECT DESCRIPTION
PLACEWORKS 3-29

REVISED FINAL DRAFT
The HVAC system would be shielded from view by a parapet facing Stevens Canyon Road (see Figure 3-8) at least 3 feet in height, which would also serve as a noise attenuation feature. The proposed project would not include reflective glass. Where glass features are proposed, glazing treatments would vary, and none of the exterior glass would have a light reflectance value of more than 15 percent.53 The first floor of the mixed-use building and the second-floor apartments, including balcony railing elements, could have a combination of UV coatings, frosting, and fritting, which reduces glare and makes the glass visible to birds to reduce collisions.

3.2.6 UTILITIES AND ENERGY
The proposed utility infrastructure would connect to the existing water, sewer, storm drain system, natural gas and electricity network in the area, and would be served by an existing solid waste landfill.

WATER SUPPLY AND CONSERVATION
To support the proposed project, a new water line would be installed along the new main internal road to connect to the existing water lines along Stevens Canyon Road. Any new connections or replaced water lines would not encroach on undisturbed areas. All landscape zones would be irrigated as required by the Cupertino Landscape Ordinance, and water uses would be tailored to meet CALGreen Building Standards, which as described above in Section 3.1.4.2, Zoning, requires water conservation and requires new buildings to reduce water consumption by 20 percent.

SANITARY SEWER SERVICE
As shown on Figure 3-15, connections to the existing sanitary sewer system would be made on South Foothill Boulevard and Stevens Canyon Road.

STORMWATER MANAGEMENT
The proposed project would result in 43,419 square feet of impervious surfaces coverage. Compared to 47,975 square feet of impervious coverage in existing conditions, this would be a decrease of 4,556 square feet or 9 percent. The proposed project would include 16,602 square feet of pervious surfaces in the form of landscaping and two on-site bioretention facilities (1,540 square feet) that would hold and treat stormwater before it is released into the City’s off-site storm drain infrastructure). As a result, the proposed project would result in a decrease in the amount of runoff from the project site. The project is required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows to match pre-development conditions, and agreements to ensure that the stormwater treatment and flow control facilities are maintained in perpetuity. The project also must comply with CMC Chapter 9.18 described above in Section 3.1.4.2, Zoning, which is intended to provide regulations and give legal effect to certain requirements of the NPDES permit issued to the City. 53A light reflectance value or LRV is a measure of visible and usable light that is reflected from a surface when illuminated by a light source. LRV is expressed as a percentage from 0 to 100; the higher the number the more visible light that is reflected. 150
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Figure 3-15
Utility Plan
0 Scale (Feet)
60 Source: TS Civil Engineering, 2020.

PROJECT DESCRIPTION

C A N Y O N C R O S S I N G S M I X E D - U S E P R O J E C T I N I T I A L S T U D Y

CITY OF CUPERTINO
PLACEWORKS 151
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PROJECT DESCRIPTION
PLACEWORKS 3-31

REVISED FINAL DRAFT

SOLID WASTE SERVICES
Recology South Bay (Recology) would provide curbside recycling, garbage, and compost and landscaping waste service to the project.
54 All non-hazardous solid waste collected under the Recology franchise agreement is taken to Newby Island Sanitary Landfill for processing. Under the agreement between the City and Recology, Recology also handles recyclable materials (at no cost to customers). The proposed waste management for the proposed project would focus on waste, recycling, and composting.

OTHER UTILITIES (GAS, ELECTRIC, AND CABLE)
Pacific Gas & Electric (PG&E) would supply natural gas and electricity infrastructure to the project site. 55 The source of electricity would be provided through a partnership of Silicon Valley Clean Energy (SVCE), which provides a standard electricity offering from a 50 percent renewable portfolio,56 and PG&E. SVCE also offers a 100 percent renewable option that electricity customers can opt into. The proposed development would achieve LEED Silver, or equivalent Alternative Reference Standard, consistent with the City’s requirements.57 Telephone service would be provided by AT&T and other providers. Cable television service would be available from a number of providers, including Comcast.

3.2.7 DEMOLITION, SITE PREPARATION, AND CONSTRUCTION
Demolition and construction would take place over a 10-month period, which is anticipated to begin in June 2021 and end in March 2022, subject to regulatory approval.58 The project applicant proposes to demolish the existing buildings and remove almost all the existing on-site vegetation. Table 3-1 shows the approximate demolition and construction phasing.

Demolition would take place over a period of
approximately two weeks, while grading and site
preparation, including excavation for the subterranean
garage, would be completed over a two-month period.

Demolition and construction work would be conducted
between 7:00 a.m. to 8:00 p.m. on weekdays, as provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction is not permitted 54 City of Cupertino, Garbage and Recycling, https://www.cupertino.org/our-city/departments/environmentsustainability/waste, accessed on January 16, 2019. 55 City of Cupertino. 2019. Other Service Providers. https://www.cupertino.org/our-city/departments/other-serviceproviders. Accessed May 2, 2019. 56 Silicon Valley Clean Energy. 2019. Your Choices. https://www.svcleanenergy.org/choices/, accessed on May 2, 2019 at 57 Leadership in Energy & Environmental Design is a green building program that recognizes building strategies that reduce consumption energy, and water, and reduce solid waste directly diverted to landfills. Silver typically reduce is the third highest ranking, with just being certified being the lowest and Gold and Platinum being the second highest. 58 New buildings would be constructed to the California 2019 Building Energy Efficiency Standards (effective January 1, 2020).

TABLE 3-1 DEMOLITION AND CONSTRUCTION
Activity Phase 1 (Workdays)
Demolition 11
Site Preparation 17
Grading 33
Building Construction 195
Paving 12
Landscaping 10
Source: Based on information from the project applicant, California Emissions Estimator Model Version 2016.3.25, and PlaceWorks, 2019.
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REVISED FINAL DRAFT
on weekends or holidays for sites within 750 feet of other residential properties.59 Demolition debris, including soil, would be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and Diversion of Construction and Demolition Waste Ordinance.60 Debris to be hauled would include shrubs and trees that were planted as part of the existing urbanized landscape, 1,616 square feet of building demolition debris, 294 tons of asphalt/concrete material, and 14,100 cubic yards of grading and soil export. Typical equipment to be used for demolition and site preparation would include excavators, a skid steer loader, a grader, a rubber-tired dozer, scrapers, and an off-highway truck.

The project construction would consist of approximately 23,990 square feet of building space, 16,602 square feet of landscaped areas, and 20,395 square feet of hardscape (e.g., curb, gutters, planters, retaining walls, etc.). No pile driving, rock blasting, or crushing would occur during the construction phase.

Typical equipment to be used during construction of the project would include a backhoe, a crane, aerial lifts, a generator, a diesel pump, dumpers, rollers, and a paver.

During demolition and construction, vehicles, equipment, and materials would be staged and stored on a centrally located portion of the project site when practical. No long-term staging of equipment would occur around the perimeter of the site where adjacent to existing residential uses. No staging would occur in the public right-of-way. The construction site and staging areas would be clearly marked, and construction fencing would be installed to prevent disturbance and safety hazards. A combination of onand off-site parking facilities for construction workers would be identified during demolition, grading, and construction.

3.3 REQUIRED PERMITS AND APPROVALS
Following approval of this Initial Study and adoption of the Mitigated Negative Declaration, the following discretionary permits and approvals from the City would be required for the proposed project:
 Zoning Map Amendment
 Development Permit
 Architectural and Site Approval Permit
 Final Map for Subdivision
In addition, permits for demolition, grading and building, and the certificate of occupancy would be required from the City. Encroachment permits from the City would also be required for any work performed in the public right-of-way.

59 Cupertino Municipal Code, Title 10, Public Peace, Safety and Morals, Chapter 10.48, Community Noise Control, Section

10.48.053, Grading, Construction and Demolition. 60 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste.
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PLACEWORKS 4-1

REVISED FINAL DRAFT
Environmental Analysis

4.1 DISCUSSION OF ENVIRONMENTAL EVALUATION
The General Plan EIR included an analysis of the project site as potential Housing Element Site 9 (Foothill at McClellan Center – Foothill Market), although the adopted General Plan did not designate this site as a Priority Housing Element Site. The evaluation in the General Plan EIR assumed potential redevelopment of the existing commercial development to commercial and residential uses with 25 dwelling units per acre (or 27 net residential units) with a maximum of 30 feet in height. 61 The cumulative impacts of past, present, and probable future development, in conjunction with overall General Plan buildout, including residential development of the project site, were evaluated in the General Plan EIR. The proposed project is anticipated to be completed in 2022 (subject to regulatory approval); thus, this Initial Study presents an analysis of the near-term impacts of the proposed project under existing conditions and 2025 cumulative conditions. Although the project site was evaluated as Housing Element Site 9 in the General Plan EIR, the adopted General Plan does not designate this site as a Priority Housing Element Site in the Housing Element.62
Consistent with the analysis presented in the General Plan EIR, and due to the proposed project’s location in an urbanized city setting, the project would not have a significant effect on agriculture, forestry or mineral resources. Maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency categorize land within Cupertino as Urban and Built-Up Land.63 In addition, according to the 2006 mapping data from the California Department of Forestry and Fire Protection, the city does not contain any woodland or forestland cover.64 Finally, the city does not contain land zoned for farmland or timberland production.65 Consequently, there would be no impacts with regard to agriculture and forestry resources. The project site is not within an area designated as Mineral Resource Zone, which is an area containing mineral deposits.
66 Consequently, because the site has been developed and is not considered suitable for protection or conservation, there would be no impacts to mineral resources. For these reasons, these topics are not discussed further in this Initial Study. After the General Plan EIR was certified, the CEQA Guidelines were amended by the Governor’s Office of Planning and Research, which is the entity charged with developing guidelines to help agencies implement CEQA, and adequacy of parking 61 PlaceWorks. 2015. City of Cupertino General Plan EIR, Chapter 3, Project Description, page 3-88. 62 City of Cupertino. 2015. City of Cupertino General Plan, Housing Element. Page H-16. 63 California Resources Agency, Farmland Mapping and Monitoring Program. Santa Clara County Important Farmland 2010, accessed on May 9, 2019. 64 California Department of Forestry and Fire Protection Fire and Resource Assessment Program, Land Cover Map, accessed on May 9, 2019. 65 City of Cupertino, Zoning Map, http://www.cupertino.org/index.aspx?page=291, accessed on May 9, 2019. 66 City of Cupertino, General Plan Community Vision 2015–2040, Chapter 6, Environmental Resources and Sustainability, Figure ES-2, Mineral Resources.
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is no longer considered to be a significant environmental impact. Accordingly, parking adequacy is not discussed further in this Initial Study.

I. AESTHETICS
Except as provided in Public Resources Code Section 21099 (transit priority area/major transit stop), would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Have a substantial adverse effect on a scenic vista?     b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway?
   
c) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
   
d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?    

GENERAL PLAN EIR
Chapter 4.1, Aesthetics, of the General Plan EIR, addressed the impacts to visual resources associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. The impacts were found to be less than significant, and no mitigation measures were required.

EXISTING CONDITIONS
The project site contains partially vacant commercial buildings, a converted residential unit, and a vacant residential unit, bordered by surface parking and associated landscaping. The largest commercial building is a one-story building located on the west side of the project site and the second commercial building is a one-story building on the northeast corner of the project site. There is also a vacant, detached one-story residential unit on the northwest corner of the project site, with a detached shed and surrounding grassy areas. Surrounding uses include one to two-story single-family homes to the north, south, and west, with additional one to two-story homes across Stevens Canyon Road to the east. Landscaping on-site consists of one mature redwood tree and one mature palm tree in the southeast corner of the site, shrubs along Stevens Canyon Road, and mature trees and plantings surrounding the Cupertino Bike Shop and vacant residential unit.
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DISCUSSION
a) Would the proposed project have a substantial adverse effect on a scenic vista? As discussed in Chapter 4.1, Aesthetics, of the General Plan EIR, the proposed project would have the potential to affect scenic vistas and/or scenic corridors if the redevelopment on the project site blocked views of areas that provide or contribute to such vistas. Potential effects could include blocking views of a scenic vista/corridor from specific publicly accessible vantage points or the alteration of the scenic vista/corridor. Such alterations could be positive or negative.

Public views of scenic corridors are views seen along a linear transportation route and public views of scenic vistas are views of specific scenic features. Scenic vistas are considered to be long-range views, while scenic corridors are comprised of short-, middle-, and long-range views. The General Plan does not have designated scenic corridors or vistas. However, for the purposes of this analysis, the westward views of the foothills and ridgelines of the Santa Cruz Mountains are considered scenic vistas, and the segment of I-280 from Santa Clara County line on the west to I-880 on the east also is considered a scenic corridor.

The analysis in the General Plan EIR found that building heights remaining at 30 feet would result in a lessthan-significant impact to the long-range views of the Santa Cruz Mountain Range and foothills because the maximum heights of the existing on-site and surrounding buildings and mature trees currently limit the opportunity for views of scenic vistas from street-level public viewing. The project location is not considered a destination public viewing point nor is it visible from scenic vistas.

As described in Chapter 3, Project Description, of this Initial Study, the existing buildings would be removed and replaced by the proposed mixed-use development with surface and underground parking, with all structures being 30 feet tall at the highest point. Of the two mature trees on the site, the Redwood tree on the northeast corner is proposed for removal, and the Palm tree on the southeast corner would remain.

Because the proposed project would not involve height increases above the surrounding development and are the same as what was evaluated in then General Plan EIR and currently permitted in the General Plan, and because existing conditions currently limit views of scenic resources combined with the fact that the site and surrounding areas are not public viewing locations, impacts would remain consistent with the conclusions in the General Plan EIR and would be less than significant. b) Would the proposed project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? As discussed in Chapter 4.1, Aesthetics, of the General Plan EIR, the segment of I-280 in Cupertino is not an officially designated State Scenic Highway but is considered eligible for listing as a designated State Scenic Highway. The project site is approximately 1.4 miles to the south of the I-280/North Foothill Boulevard interchange, which is the arterial that connects the project site to I-280. The project site is not visible from I-280. Therefore, there would be no changes to the I-280 viewshed. 156
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Impacts to views of scenic resources from the I-280 view corridor were determined to be less than significant in the General Plan EIR. Because the project proposes building heights that are consistent with what was evaluated in the General Plan EIR and the surrounding development, and are permitted in the General Plan, and because the site is not visible from the I-280 viewshed, project impacts would remain consistent with the conclusions in the General Plan EIR and would be less than significant. c) If the proposed project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The project site is in an urbanized area that is not designated or otherwise identified as a public viewing location for surrounding scenic views. Public views of scenic resources including the westward views of the foothills and ridgelines of the Santa Cruz Mountains and the segment of I-280 from the Santa Clara County line on the west to I-880 on the east are partially obstructed under existing conditions due to the natural topography and the existing buildings in the project area.

The proposed project would result in a change from the existing one-story commercial and residential buildings to multiple two-story residential buildings and a mixed-use building, none of which would exceed the permitted height limit of 30 feet.

The project site is within the Commercial/Residential General Plan land use designation, which is intended to provide local neighborhood serving retail with residential densities compatible with the surroundings.67 The proposed project includes a zoning amendment to change the existing Planned Development with General Commercial (P(CG)), to Planned Development with General Commercial and Residential (P(CG,Res)). The proposed amendment to the Zoning Map would allow residential development on the site which would not conflict with any land use or zoning regulations governing scenic quality.

The proposed development would be required to provide suitable setbacks from public rights-of-way and appropriate buffers and/or height transitions for buildings adjacent to the surrounding low-density residential developments. Furthermore, the proposed project would increase the landscaping to include at least 19 new trees in addition to the one mature Palm tree that is located on the southeast corner of the project site which will remain as part of the project. The proposed landscaping would include planting 15-gallon screening Kohuhu shrubs (Pittosporum Tenuifolium) along the entire western and eastern project boundary, and approximately half of the rear project boundary. Additional landscaping along the northern boundary of the site along South Foothill Boulevard will partially screen the proposed development and would enhance the visual quality of the sidewalk abutting the property where no landscaping currently exists. Combined, the existing and proposed trees would help to preserve the existing visual setting.

Furthermore, the project is subject to the City’s discretionary review processes for the proposed Development Permit and Architectural and Site Approval Permit, in accordance with Chapters 19.12 and

19.168 of the Zoning Ordinance, which would ensure the proposed project would harmonize with adjacent development and not degrade the existing visual quality of the site and surrounding land uses. 67 City of Cupertino. 2015. City of Cupertino General Plan, Appendix A, Land Use Definitions. 157
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Accordingly, consistent with the conclusions of the General Plan EIR, the proposed project would not substantially degrade the existing visual character of the site and its surroundings, or conflict with an applicable zoning and other regulations governing scenic quality and impacts would remain consistent with the conclusions in the General Plan EIR and would be less than significant. d) Would the proposed project create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
Nighttime illumination and glare impacts are the effects on adjoining uses and areas from a project’s exterior lighting. Light and glare impacts are determined through a comparison of the existing light sources with the proposed lighting plan or policies. As discussed in Chapter 4.1, Aesthetics, of the General Plan EIR, the project site and surrounding areas contain existing sources of nighttime illumination. These include street and parking area lights, and exterior lighting on existing commercial buildings. Additional light and glare in the overall all area would be caused by surrounding land uses and traffic on surrounding roadways. As described in Chapter 3, Project Description, of this Initial Study, the proposed project would redevelop the project site and replace the existing sources of light and glare with new sources that are similar to the existing uses and consistent with the surrounding land uses. The source, intensity, and type of exterior lighting for the project site would be typical for single-family homes and for orienting site residents and customers of the mixed-used building, and for overall safety needs (i.e., lighting on signs, sidewalks, and parking). All permanent on-site lighting would be low-level illumination, downward directed, and shielded to reduce light spill or glare onto surrounding residential homes as shown on Figure 3-14. There would be no up-lighting on the mixed-use building exterior. In landscaped and paved areas, light sources would be concealed and not visible from a public viewpoint. All exterior surface and aboveground mounted fixtures would be complementary to the architectural theme and to the surrounding residential uses.

The proposed project would not include reflective glass. Where glass features are considered, glazing treatments would vary and none of the exterior glass would have a light reflectance value of more than 15 percent.68 The second-floor balconies for the apartments would include railing elements, which could have a combination of UV coatings, frosting, and fritting, which reduces glare. The existing roadway and proposed landscaping surrounding the project would act as a buffer to prevent light spilling on to adjacent land uses. For these reasons, impacts would remain consistent with the conclusions in the General Plan EIR and would be less than significant.
68A light reflectance value or LRV is a measure of visible and usable light that is reflected from a surface when illuminated by a light source. LRV is expressed as a percentage from 0 to 100; the higher the number the more visible light that is reflected. 158
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II. AIR QUALITY
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Conflict with or obstruct implementation of the applicable air quality plan?    
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project area is in non-attainment under applicable federal or State ambient air quality standards?     c) Expose sensitive receptors to substantial pollutant
concentrations?    
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?    

GENERAL PLAN EIR
Chapter 4.2, Air Quality, of the General Plan EIR, addressed the air quality impacts associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Air quality impacts were found to be significant and unavoidable in the General Plan EIR because the project-specific details of future development were not available. The City adopted and incorporated mitigation measures into the General Plan to reduce air quality impacts. Mitigation Measures AQ-2a and AQ-2b are specific measures that are to be implemented by future projects, such as the proposed project, to reduce construction-related air quality impacts.

Mitigation Measure AQ-2a require applicants for future development projects to comply with the current Bay Area Air Quality Management District (BAAQMD) basic control measures for reducing fugitive dust emissions (PM10 and PM2.5) during construction and Mitigation Measure AQ-2b provides additional measures if there are significant construction exhaust emissions.

EXISTING CONDITIONS
The environmental setting normally constitutes the baseline physical conditions by which a lead agency determines whether an impact is significant (CEQA Guidelines Section 15125(a)). However, lead agencies have discretion to consider conditions over a range of time periods to account for a temporary lull or spike in operations. As with any commercial use, the buildings on the project site experience periodic transitions in tenants and occupancy. Therefore, this analysis considers full occupancy associated with historic operations of the existing commercial use as the baseline.

The existing commercial uses generate criteria air pollutants from transportation sources, energy use (natural gas and purchased energy), and area sources such as landscaping equipment and architectural 159
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coatings. The current land use generates approximately 454 gross average daily trips on a weekday. 69 Existing emissions associated with the proposed project site are included in Table 4-1 below.

TABLE 4-1 EXISTING OPERATION-RELATED CRITERIA AIR POLLUTANT EMISSIONS Category
Criteria Air Pollutants (tons per year)
ROG NOx PM10 PM2.5
Existing 2019 Emissions
Area 0.06 0.00 0.00 0.00
Energy 0.00 0.00 0.00 0.00
On-Road Mobile 0.16 0.71 0.51 0.14
Total 0.23 0.71 0.51 0.14
Category
Criteria Air Pollutants (average pounds per day)
ROG NOx PM10 PM2.5
Area 0.33 0.00 0.00 0.00
Energy 0 0.00 0.00 0.00
On-Road Mobile .88 3.90 2.80 0.77
Total 1.21 3.90 2.80 0.77
Notes: Emissions may not total to 100 percent due to rounding; Reactive Organic Gases = ROG; Nitrogen Oxides = NOx; Coarse Inhalable Particulate Matter = PM10; Fine Inhalable Particulate Matter = PM2.5 Source: California Emissions Estimator Model (CalEEMod), Version 2016.3.25.

Air Pollutants of Concern
Criteria Air Pollutants
Pollutants emitted into the ambient air by stationary and mobile sources are regulated by federal and State law under the federal Clean Air Act (National) and California Clean Air Act, respectively. Air pollutants are categorized as primary and/or secondary pollutants. Primary air pollutants are those that are emitted directly from sources. Carbon monoxide (CO), reactive organic gases (ROG), nitrogen oxides (NOx), sulfur dioxide (SO2), coarse inhalable particulate matter (PM10), fine inhalable particulate matter (PM2.5), and lead (Pb) are primary air pollutants. Of these, all of them except for ROGs are “criteria air pollutants,” which means that ambient air quality standards (AAQS) have been established for them. The National and California AAQS are the levels of air quality considered to provide a margin of safety in the protection of the public health and welfare. They are designed to protect those “sensitive receptors” most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Healthy 69 TJKM Transportation Consultants. October 2019, Technical Memorandum (see Appendix D of this Initial Study). 160
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adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed.

Toxic Air Contaminants
In addition to criteria air pollutants, both the State and federal government regulate the release of TACs.

The California Health and Safety Code Section 39655 defines a TAC as “an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health.” A substance that is listed as a hazardous air pollutant pursuant to Section 112(b) of the federal Clean Air Act (42 United States Code Section 7412[b]) is a toxic air contaminant. Under State law, the California Environmental Protection Agency, acting through the California Air Resources Board (CARB), is authorized to identify a substance as a TAC if it determines that the substance is an air pollutant that may cause or contribute to an increase in mortality or serious illness, or may pose a present or potential hazard to human health.

Where available, the significance criteria established by the BAAQMD are relied upon to make the determinations discussed below.

DISCUSSION
This section analyzes the types and quantities of air pollutant emissions that would be generated by the construction and operation of the proposed project at a project level. An update to the background discussion in the General Plan EIR of the air quality regulatory setting, meteorological conditions, existing ambient air quality in the vicinity of the project site, and air quality modeling is in Appendix A, Air Quality and Greenhouse Gas Emissions, of this Initial Study. The construction health risk assessment (HRA) for this project is in Appendix B, Health Risk Assessment, of this Initial Study. a) Would the project conflict with or obstruct implementation of the applicable air quality plan? BAAQMD is directly responsible for reducing emissions from area, stationary, and mobile sources in the San Francisco Bay Area Air Basin (SFBAAB) to achieve National and California AAQS. In April 2017, BAAQMD adopted its 2017 Clean Air Plan, which is a regional and multiagency effort to reduce air pollution in the SFBAAB. Regional growth projections are used by BAAQMD to forecast future emission levels in the SFBAAB. For the Bay Area, these regional growth projections are provided by the Association of Bay Area Governments (ABAG) and transportation projections are provided by the Metropolitan Transportation Commission (MTC) and are partially based on land use designations in city/county general plans. Typically, only large, regionally significant projects have the potential to affect the regional growth projections.

The proposed project would construct 18 residential units resulting in a density of 11.5 dwelling units per acre and, therefore, would not exceed the 15 dwelling units per acre limit designated in the General Plan or the 25 dwelling units per acre maximum that was evaluated in the General Plan EIR. Therefore, the proposed project would not directly result in any additional new population growth or employment growth beyond what was analyzed in the General Plan EIR. The proposed project is not considered a 161
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regionally significant project under CEQA Guidelines Section 15206 that would affect regional vehicle miles traveled (VMT) and warrant intergovernmental review by ABAG and MTC.

As discussed in Section XII, Population and Housing, below, the proposed project would not exceed the level of population or housing projected in City or regional planning efforts (Plan Bay Area) through 2040, and it would not have the potential to substantially affect housing, employment, and population projections within the region, which is the basis of the 2017 Clean Air Plan projections. Furthermore, the proposed project would create a net decrease in emissions on-site and would not exceed the BAAQMD’s emissions thresholds (see Operational Impacts discussion in criterion (b) below). The BAAQMD emissions thresholds were established to identify projects that have the potential to generate a substantial amount of criteria air pollutants. Because the proposed project would result in an air quality benefit, the proposed project would not be considered by the BAAQMD to be a substantial emitter of criteria air pollutants.

Therefore, the proposed project would not conflict with or obstruct implementation of the 2017 Clean Air Plan and impacts would be considered less than significant. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project area is in non-attainment under applicable federal or State ambient air quality standards? This section analyzes potential impacts related to air quality that could occur from a combination of the proposed project with other past, present, and reasonably foreseeable projects within the SFBAAB. The SFBAAB is currently designated a nonattainment area for California and National O3, California and National PM2.5, and California PM10 AAQS. Any project that produces a significant project-level regional air quality impact in an area that is in nonattainment adds to the cumulative impact. Due to the extent of the area potentially impacted by cumulative plus project emissions (the SFBAAB), a project’s contribution to a cumulative impact is cumulatively considerable when project-related emissions exceed the BAAQMD emissions thresholds.

BAAQMD has identified thresholds of significance for criteria pollutant emissions and criteria air pollutant precursors, including ROG, NOx, PM10, and PM2.5. Development projects below the significance thresholds would not generate sufficient criteria pollutant emissions to violate any air quality standard or contribute substantially to an existing or projected air quality violation. The following describes changes in regional impacts from short-term construction activities and long-term operation of the proposed project.

Regional Short-Term Construction Impacts
Construction activities produce combustion emissions from various sources, such as on-site heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew. Site preparation activities produce fugitive dust emissions (PM10 and PM2.5) from demolition and soil-disturbing activities, such as grading and excavation. Air pollutant emissions from construction activities on site would vary daily as construction activity levels change. Construction activities associated with the project would result in emissions of ROG, NOx, CO, PM10, and fine PM2.5. 162
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Construction Fugitive Dust
Ground disturbing activities during construction would generate fugitive dust (PM10 and PM2.5). The amount of dust generated during construction would be variable and is dependent on the amount of material being disturbed, the type of material, moisture content, and meteorological conditions. If uncontrolled, PM10 and PM2.5 levels downwind of actively disturbed areas could possibly exceed State standards. BAAQMD considers all impacts related to fugitive dust emissions from construction to be less than significant with implementation of BAAQMD’s best management practices shown in Mitigation Measure AQ-1, which is required pursuant to General Plan EIR Mitigation Measure AQ-2a.

Impact AQ-1: Fugitive dust (PM10 and PM2.5) generated by the proposed project during construction could potentially result in significant regional short-term air quality impacts without implementation of the Bay Area Air Quality Management District’s best management practices related to reducing fugitive dust emissions.

Mitigation Measure AQ-1: The project’s construction contractor shall comply with the following best management practices for reducing construction emissions of fugitive dust (PM10 and PM2.5) as required by the Bay Area Air Quality Management District Revised California Environmental Quality Act Air Quality Guidelines:
 Water all active construction areas at least twice daily, or as often as needed to control dust emissions. Watering should be sufficient to prevent airborne dust from leaving the site. Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used whenever possible.
 Pave, apply water twice daily or as often as necessary to control dust, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.  Cover all trucks hauling soil, sand, and other loose materials.  Sweep daily (with water sweepers using reclaimed water if possible) or as often as needed all paved access roads, parking areas and staging areas at the construction site to control dust.  Sweep public streets daily (with water sweepers using reclaimed water if possible) in the vicinity of the project site, or as often as needed, to keep streets free of visible soil material.  Hydroseed or apply non-toxic soil stabilizers to inactive construction areas.  Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt/sand).  Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.  Replant vegetation in disturbed areas as quickly as possible and water appropriately until vegetation is established.
 Install sandbags or other erosion control measures to prevent silt runoff from public roadways.  All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.

Construction Exhaust Emissions
Analysis of construction emissions is based on the preliminary construction duration and normalized California Emissions Estimator Model (CalEEMod) default schedule developed for the proposed project.

The proposed project would produce demolition debris and would require soil export for the underground 163
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parking that would occur near existing sensitive land uses. Construction emissions were quantified using the CalEEMod Version 2016.3.2.25 based on information provided by the project applicant, which was reviewed and approved by PlaceWorks and the City. The approximately 10-month construction period is assumed to begin in June 2021 and end in March 2022, subject to regulatory approval.

Potential construction-related air quality impacts are determined by comparing the average daily criteria air pollutants emissions generated by the proposed project-related construction activities to the BAAQMD significance thresholds in Table 4-2. Average daily emissions are based on the annual construction emissions divided by the total number of active construction days.

TABLE 4-2 CONSTRUCTION-RELATED CRITERIA AIR POLLUTANT EMISSIONS ESTIMATES Year
Criteria Air Pollutants (tons/year)
a

ROG NOx
Fugitive
PM10
b
Exhaust
PM10 b
Fugitive
PM2.5
b
Exhaust
PM2.5
b
2021 0.13 1.45 0.08 0.06 0.03 0.05
2022 0.11 0.36 0.01 0.02 0.00 0.02
Total 0.24 1.81 0.09 0.07 0.03 0.07
Criteria Air Pollutants (average lbs/day)
a

Average Daily Emissions
c

2.34 17.30 0.86 0.70 0.29 0.67
BAAQMD Average Daily ProjectLevel Threshold 54 54 BMPs 82 BMPs 54 Exceeds Average Daily Threshold No No N/A No N/A No
Notes: Emissions may not total to 100 percent due to rounding. BMP = Best Management Practices; NA = not applicable; Reactive Organic Gases = ROG; Nitrogen Oxides = NOx; Coarse Inhalable Particulate Matter = PM10; Fine Inhalable Particulate Matter = PM2.5 a. Construction phasing and equipment mix are based on the preliminary information provided by the project applicant. Where specific information regarding project-related construction activities was not available, construction assumptions were based on CalEEMod defaults, which are based on construction surveys conducted by South Coast Air Quality Management District of construction equipment and phasing for comparable projects. b. Includes implementation of BMPs for fugitive dust control required by BAAQMD as mitigation, including watering disturbed areas a minimum of two times per day, reducing speed limit to 15 miles per hour on unpaved surfaces, and street sweeping. c. Average daily emissions are based on the total construction emissions divided by the total number of active construction days. The total number of construction days is estimated to be about 209.

Source: California Emissions Estimator Model (CalEEMod), Version 2016.3.2.25 As shown in Table 4-2, criteria air pollutant emissions from construction equipment exhaust would not exceed the BAAQMD average daily pounds per day thresholds and impacts from project-related construction activities to the regional air quality would be less than significant and implementation of General Plan EIR Mitigation Measure AQ-2b is not required.

Operational Impacts
Typical long-term air pollutant emissions are generated by area sources (e.g., landscape fuel use, aerosols, architectural coatings, and asphalt pavement), energy use (natural gas), and mobile sources (i.e., on-road vehicles). The proposed project would result in new housing units, a parking garage, commercial space, and paved and landscaped surfaces, and associated vehicular trips. 164
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Table 4-3 identifies a net decrease in criteria air pollutant emissions associated with the proposed project compared to the baseline operation. As shown in Table 4-3, the operational emissions generated by the project would not exceed the BAAQMD daily pounds per day or annual tons per year project level threshold.70 Therefore, the proposed project would not cumulatively contribute to the nonattainment designations of the SFBAAB and would result in an air quality benefit, by providing less criteria air pollutant emissions than existing conditions. Project-related operation activities to the regional air quality would be less than significant.

TABLE 4-3 OPERATIONAL CRITERIA AIR POLLUTANT EMISSIONS ESTIMATES Category
Criteria Air Pollutants (tons per year)
ROG NOx PM10 PM2.5
Existing Land Use 2021 Projected Emissions
Area 0.06 0.00 0.00 0.00
Energy 0.00 0.00 0.00 0.00
On-Road Mobile 0.14 0.59 0.53 0.14
Total 0.20 0.60 0.53 0.14
Proposed Land Use 2021 Emissions
Area 0.19 0.00 0.00 0.00
Energy 0.00 0.02 0.00 0.00
On-Road Mobile 0.08 0.33 0.29 0.08
Total 0.27 0.35 0.29 0.08
Net Change 2021 Emissions
Area 0.13 0.00 0.00 0.00
Energy 0.00 0.01 0.00 0.00
On-Road Mobile -0.06 -0.26 -0.23 -0.06
Total 0.07 -0.25 -0.23 -0.06
BAAQMD Annual Project-Level tons/yr Threshold 10 10 15 10 Exceeds BAAQMD’s lbs/day Threshold? No No No No
Category
Criteria Air Pollutants (average pounds per day)
ROG NOx PM10 PM2.5
Existing Land Use 2021 Projected Emissions 1 3 3 1
Proposed Land Use 2021 Emissions 1 2 2 0
Net Change 0 -1 -1 -1
BAAQMD Average Daily Project-Level lbs/day Threshold 54 54 82 54 Exceeds BAAQMD’s lbs/day Threshold? No No No No
Notes: Emissions may not total to 100 percent due to rounding; Reactive Organic Gases = ROG; Nitrogen Oxides = NOx; Coarse Inhalable Particulate Matter = PM10; Fine Inhalable Particulate Matter = PM2.5 Source: California Emissions Estimator Model (CalEEMod), Version 2016.3.25. 70 Further details are shown in Appendix A, Air Quality and Greenhouse Gas Emissions, of this Initial Study. 165
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Summary
As described, the proposed project would not have a significant long-term operational phase impact, however, without incorporation of fugitive dust control measures, construction activities could potentially result in significant regional short-term air quality impacts. Mitigation Measure AQ-1, required by the General Plan Mitigation Measure AQ-2a, would ensure that required fugitive dust control measures are implemented to control project-related fugitive dust generated during construction activities. Therefore, the project’s contribution to cumulative air quality impacts would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations? Development of the proposed project could expose sensitive receptors to elevated pollutant concentrations. Unlike the construction emissions shown in Table 4-2 in criterion (b), described in pounds per day, localized concentrations refer to an amount of pollutant in a volume of air (parts per millions [ppm] or micrograms per cubic meter [µg/m3
]) and can be correlated to potential health effects.

Construction Off-Site Community Risk and Hazards
The proposed project would elevate concentrations of TACs and PM2.5 in the vicinity of sensitive land uses during construction activities. The nearest sensitive receptors to the project site include the adjacent onestory and two-story single-family residences approximately 20 to 50 feet from the site property lines to the north, west, and south. BAAQMD has developed screening tables for air toxics evaluation during construction that evaluate construction-related health risks associated with residential, commercial, and industrial projects.71 According to the screening tables, the surrounding residences are closer than the distance of 100 meters (328 feet) that would screen out potential health risks, and therefore, could be potentially impacted from the proposed construction activities. Consequently, a site-specific construction health risk assessment (HRA) of TACs and PM2.5 has been prepared (see Appendix B of this Initial Study).

A quantified analysis of the project’s construction emissions was conducted using the CalEEMod, Version 2016.2.25. Construction emissions were based on a 10-month construction duration, construction schedule, and off-road equipment list provided by the project applicant. The United States Environmental Protection Agency AERMOD, Version 9.7, dispersion modeling program was used to determine flagpole level pollutant concentrations, which were used to estimate excess lifetime cancer risk, chronic noncancer hazard index for non-carcinogenic risk, and the PM2.5 maximum annual concentrations at the nearest sensitive receptors. Results of the analysis are shown in Table 4-4. 71 Bay Area Air Quality Management District (BAAQMD), Screening Tables for Air Toxics Evaluation During Construction, Version

1.0, May 2010.
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TABLE 4-4 CONSTRUCTION RISK SUMMARY – UNMITIGATED
Receptor
Cancer Risk
(per million)
Chronic
Hazards
PM2.5
(µg/m3)
a
Maximum Exposed Receptor -
Off-site Residences 58.4 0.27 0.68
BAAQMD Threshold 10 1.0 0.30
Exceeds Threshold? Yes No Yes
Note: micrograms per cubic meter = µg/m3; PM2.5 – fine particulatematter Source: Cancer risk calculated using 2015 Office of Environmental Health Hazard Assessment Health Risk Assessment Guidance Manual; Lakes AERMOD View, 9.7.

The results of the HRA are based on the maximum receptor concentration over a 10-month construction exposure duration for off-site receptors.72 Risk is based on the updated Office of Environmental Health Hazard Assessment (OEHHA) Guidance Manual:73
 Cancer risk for the maximum exposed off-site resident from only construction activities related to the proposed project were calculated to be 58.4 in a million and would exceed the BAAQMD’s 10 in one million significance threshold. Utilizing the latest 2015 OEHHA Guidance Manual, the calculated total cancer risk conservatively assumes that the risk for the maximum exposed receptor (MER) consists of a pregnant woman in the third trimester that subsequently gives birth to an infant during the approximately 10-month construction period; therefore, all calculated risk values were multiplied by a factor of 10. In addition, it was conservatively assumed that the residents were outdoors 8 hours a day, 260 construction days per year, and were exposed to all of the daily construction emissions.  For non-carcinogenic effects, the hazard index identified for each toxicological endpoint totaled less than one for off-site sensitive receptors from the proposed project. Therefore, chronic noncarcinogenic hazards are within acceptable limits.  The highest PM2.5 annual concentrations at the maximum exposed off-site sensitive resident would exceed the BAAQMD significance threshold of 0.3 µg/m3
. Therefore, PM2.5 emissions are not within
acceptable limits.

Because the incremental cancer risk and maximum annual PM2.5 concentrations for the maximum exposed receptor would exceed BAAQMD’s significance thresholds due to construction activities associated with the proposed project, impacts are potentially significant, and the following mitigation is required.

Impact AQ-2: The proposed project could expose sensitive receptors to substantial pollutant concentrations during construction.
72 Under the 2015 Office of Environmental Health Hazard Assessment Air Toxics Hot Spots Program Guidance Manual, the exposure duration has changed from 70 years to 30 years for operational risk to residents; however, the risk is still averaged over a 70-year lifetime. 73 Office of Environmental Health Hazard Assessment, 2015. Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments.
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Mitigation Measure AQ-2: During construction, the construction contractor(s) shall:
 Use construction equipment that have engines that meet either the United States Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 4 Interim emissions standards for off-road diesel-powered construction equipment with more than 50 horsepower, unless it can be demonstrated to the City of Cupertino Building Division that such equipment is not available. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Tier 4 Interim emissions standards for a similarly sized engine, as defined by the CARB’s regulations.  Prior to issuance of any construction permit, ensure that all construction plans submitted to the City of Cupertino Planning Department and/or Building Division clearly show the requirement for Tier 4 Interim emissions standards for construction equipment more than 50 horsepower.  Maintain a list of all operating equipment in use on the project site for verification by the City of Cupertino Building Division official or their designee. The construction equipment list shall state the makes, models, and number of construction equipment on site.  Ensure that all equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations.
 Communicate with all sub-contractors in contracts and construction documents that all nonessential idling of construction equipment is restricted to 5 minutes or less in compliance with CARB Rule 2449 and is responsible for ensuring that this requirement is met.

Mitigation Measure AQ-2, which is not a General Plan EIR mitigation measure, would reduce the project’s localized construction emissions, as shown in the Table 4-5 below. The results indicate that, with mitigation, cancer risk and PM2.5 impacts would be less than the BAAQMD’s significance thresholds for residential-based receptors. Therefore, the project would not expose off-site sensitive receptors to substantial concentrations of air pollutant emissions during construction and impacts would be less than significant.

TABLE 4-5 CONSTRUCTION RISK SUMMARY – MITIGATED
Receptor
Cancer Risk
(per million)
Chronic
Hazards
PM2.5
(µg/m3)
a

Maximum Exposed Receptor – Offsite Residences 7.5 0.036 0.09 BAAQMD Threshold 10 1.0 0.3
Exceeds Threshold? No No No
Notes: micrograms per cubic meter = µg/m3; PM2.5 – fine particulatematter; Risks incorporate Mitigation Measure AQ-2, which requires all equipment of 50 horsepower or more be fitted with engines that meet the EPA’s Tier 4 Interim emissions standards.

Source: Cancer risk calculated using 2015 Office of Environmental Health Hazard Assessment Health Risk Assessment Guidance Manual; Lakes AERMOD View, 9.7.

Operation On-Site Community Risk and Hazards
Types of land uses that typically generate substantial quantities of criteria air pollutants and TACs include industrial (stationary sources), manufacturing, and warehousing (truck idling) land uses. These types of major air pollutant emissions sources are not included as part of the proposed mixed-use project. The 168
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proposed project would not include stationary sources that emit TACs and would not generate a significant amount of heavy-duty truck trips (a source of diesel particulate matter [DPM]). Therefore, the proposed project would not expose sensitive receptors to substantial concentrations of air pollutant emissions during operation, and impacts would be less than significant.

Carbon Monoxide (CO) Hotspot Analysis
Areas of vehicle congestion have the potential to create pockets of carbon monoxide (CO), which are called hotspots. These pockets have the potential to exceed the State 1-hour standard of 20 ppm or the 8- hour standard of 9 ppm. The proposed project would not conflict with the Santa Clara Valley Transportation Authority (VTA) Congestion Management Program (CMP) because it would not hinder the capital improvements outlined in the CMP or alter regional travel patterns. VTA’s CMP must be consistent with MTC’s/ABAG’s Plan Bay Area. An overarching goal of the regional Plan Bay Area 2040 is to concentrate development in areas where there are existing services and infrastructure rather than locate new growth in outlying areas where substantial transportation investments would be necessary to achieve the per capita passenger vehicle, vehicle miles traveled, and associated GHG emissions reductions. The proposed project is an infill residential development that is in close proximity to existing employment centers, roadways, transit, and bicycle and pedestrian routes, and for these reasons would be consistent with the overall goals of Plan Bay Area 2040.

Furthermore, under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited—in order to generate a significant CO impact. Implementation of the proposed project would not increase traffic volumes at affected intersections by more than 44,000 vehicles per hour or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (see Section XV, Transportation, below). 74 Therefore, impacts
associated with CO hotspots would be less than significant. d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Construction and operation of mixed-use developments would not generate odors that would affect a substantial number of people. The type of facilities that are considered to have objectionable odors include wastewater treatments plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. While residential uses are not associated with foul odors that constitute a public nuisance, the proposed mixeduse building would have 4,536 square feet of neighborhood-serving commercial space on the ground floor that could include a food service such as a small coffee shop or a bakery that could generate odors to nearby off-site residents. For these types of uses, the City may require charcoal activated filters to be 74 Bay Area Air Quality Management District (BAAQMD), 2011 Revised. California Environmental Quality Act Air Quality Guidelines.
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installed depending on what tenants lease the space over the life of the building operation. However, these are not the types of uses that lead to odors that affect a substantial number of people.

During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction-related odor emissions would be temporary and intermittent. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment. By the time such emissions reach any sensitive receptor sites, they would be diluted to well below any level of air quality concern.

Odors are also regulated under BAAQMD Regulation 1, Rule 1-301, Public Nuisance, which states that “no person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or the public; or which endangers the comfort, repose, health or safety of any such persons or the public, or which causes, or has a natural tendency to cause, injury or damage to business or property.” Therefore, because construction-related odor emissions would be temporary and intermittent, mixed-use developments such as the proposed project are not considered the type of use that would generate odors that would affect a substantial number of people, and the proposed project is required to comply with BAAQMD Regulation 7, odor-related impacts to off-site land uses would be less than significant.

III. BIOLOGICAL RESOURCES
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on a plant or animal population, or essential habitat, defined as a candidate, sensitive or specialstatus species?    
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community type?    
c) Have a substantial adverse effect on State or federally protected wetlands (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, their wildlife corridors or nursery sites?
   
e) Conflict with any local ordinances or policies protecting biological resources?    
f) Conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or State habitat conservation plan?
   
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GENERAL PLAN EIR
Chapter 4.3, Biological Resources, of the General Plan EIR, addressed the impacts to biological resources associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Impacts to biological resources were found to be less than significant with implementation of mitigation measures to ensure impacts to birds protected under the Migratory Bird Treaty Act (MBTA) would not be significant. The project is required to comply with General Plan EIR Mitigation Measure BIO-1, previously adopted and incorporated into the General Plan, to ensure the protection of nesting raptors and other birds when in active use, as required by the federal MBTA and the California Fish and Game Code (CFG Code).

EXISTING CONDITIONS
The project site and surrounding area is urbanized and contains roadways, structures, and other impervious surfaces. There are two mature trees on site, a Redwood tree proposed for removal, and a Palm tree that will remain. Existing conditions on and adjacent to the project site are developed and primarily dominated by landscaped and non-native vegetation. Based on a review of historical aerial photographs, the project site has been subject to historic disturbance, including mass grading. These conditions do not lend themselves to presence of rare plant and animal populations, and such species are not anticipated to be present prior to or during project construction.

As previously described in Chapter 3, Project Description, the CALVEG75 habitat mapping program classifies the site as an “urban area” that tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. The diversity of urban wildlife depends on the extent and type of landscaping and remaining open space, as well as the proximity to natural habitat. Trees and shrubs used for landscaping provide nest sites and cover for wildlife adapted to developed areas. Typical native bird species in the city of Cupertino include the mourning dove, scrub jay, northern mockingbird, American robin, brown towhee, American crow, and Anna’s hummingbird, among others. Introduced species include the rock dove, European starling, house finch, and house sparrow. Urban areas can also provide habitat for several species of native mammals such as the California ground squirrel and striped skunk, as well as the introduced eastern fox squirrel and eastern red fox. Introduced pest species such as the Norway rat, house mouse, and opossum are also abundant in developed areas.

A recent search of the CNDDB shows that the project site does not contain any known special-status species on-site. However, special-status plant and animal species have been recorded within 5 miles of the project site. All of these special-status species were recorded outside of or near the city limits except for the Western leatherwood (Dirca occidentalis), Woodland woollythreads (Monolopia congdonii), Cooper’s hawk (Accipiter cooperi), White-tailed kite (Elanus leucurus), American peregrine falcon (Falco peregrinus), California tiger salamander (Ambystoma californiense, and the Santa Cruz black salamander (Aneides 75 The CALVEG system was initiated in January 1978 by the Region 5 Ecology Group of the US Forest Service to classify California’s existing vegetation communities for use in statewide resource planning. CALVEG maps use a hierarchical classification on the following categories: forest; woodland; chaparral; shrubs; and herbaceous. 171
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flavipunctatus niger). These special-status species were not recorded near the site but at least 1 mile away.

The nests of most bird species are protected under the MBTA when in active use and there is a remote possibility that one or more species protected under the MBTA and CFG Code, could nest in the two existing trees and other landscaping on the project site. These include both the Cooper’s hawk (Accipiter cooperi) and white-tailed kite (Elanus leuocurus), which have reported CNDDB occurrences within the city boundary, together with more common raptors such as red-tailed hawk, great horned owl, and American kestrel, all of which are protected by the MBTA and CFG Code when their nests are in active use. However, no essential habitat for these or other special-status species is present on the site due to its developed condition.

Numerous bat species found in the Cupertino area, most of which are relatively common, and are not considered special-status species. As previously stated, the CNDDB does not show any occurrences of special-status bats on the site vicinity but does show records within several miles of Cupertino. The records include occurrences of Townsend’s big-eared bat (Corynorhinus townsendii), hoary bat (Lasiurus cinereus), and Yuma myotis (Myotis yumanensis). These three species have no legal protected status under the State or federal Endangered Species Acts, but Townsend’s big-eared bat is considered a Species of Special Concern by the California Department of Fish and Wildlife. These species have various priority rankings with the Western Bat Working Group, ranging from “High” for Townsend’s big-eared bat, “Medium” for hoary bat, to “Low-Medium” for Yuma myotis. Bat species found in the Cupertino vicinity may forage and occasionally roost in the site vicinity, but suitable habitat conditions for maternity roots does not exist on the site.

Wetlands and jurisdictional waters within the city boundary include creek corridors and associated riparian scrub and woodland, and areas of freshwater marsh around ponds, seeps, springs, and other waterbodies. Some remnant stands of riparian scrub and woodland occur along segments of the numerous creeks through the urbanized valley floor. The project site does not contain these creek corridors or contain other regulated waters; however, the Stevens Creek Corridor is approximately 0.25 miles to the east of the project site. Single-family residential neighborhoods act as a barrier between Stevens Creek and the project site.

There is no existing wildlife movement corridor designation on the site by any agency, including the United States Fish and Wildlife or the California Department of Fish and Wildlife. Furthermore, there are no open space areas or natural lands adjacent to the project site.

The existing palm tree located on the southeastern of the project site would remain as part of the proposed project. The redwood tree on the northern part of the project site would be removed. 172
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DISCUSSION
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on a plant or animal population, or essential habitat, defined as a candidate, sensitive or special-status species?
As stated above in the existing conditions discussion, there are no known occurrences of special-status plant or animal species and no suitable habitat for such species on the project site, but there is a possibility that birds that are protected by the MBTA and CFG Code could nest in trees and other landscaping on the project site. However, no essential habitat for these or other special-status species is present on the site due to its developed condition. The analysis in the General Plan EIR found that impacts to special-status species, including nesting birds, would be reduced to less than significant with mitigation.

Accordingly, the implementation of Mitigation Measure BIO-1, which is required by General Plan EIR Mitigation Measure BIO-1, would also be required for the project to reduce impacts to a less-thansignificant level.

Nesting Birds
The analysis in the General Plan EIR found that impacts to special-status species, including nesting birds, would be reduced to less than significant with mitigation. Accordingly, the implementation of Mitigation Measure BIO-1, which is required by General Plan EIR Mitigation Measure BIO-1, would also be required for the project to reduce impacts to a less-than-significant level.

Impact BIO-1: Tree removal and demolition activities during site clearance could destroy active nests, and/or otherwise interfere with nesting of birds protected under federal and State law.

Mitigation Measure BIO-1: Nests of raptors and other birds shall be protected when in active use, as required by the federal Migratory Bird Treaty Act and the California Fish and Game Code. The construction contractor shall indicate the following on all construction plans, if construction activities and any required tree removal occur during the breeding season (February 1 and August 31).  Preconstruction surveys shall:
 Be conducted by a qualified biologist prior to tree removal or grading, demolition, or construction activities. Note that preconstruction surveys are not required for tree removal or construction, grading, or demolition activities outside the nesting period.  Be conducted no more than 14 days prior to the start of tree removal or construction.  Be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped.
 Document locations of active nests containing viable eggs or young birds.  Protective measures for active nests containing viable eggs or young birds shall be implemented under the direction of the qualified biologist until the nests no longer contain eggs or young birds, and the young have left the nest and are foraging independently, or the nest is no longer active.

Protective measures shall include:
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 Establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.  Monitoring active nests within an exclusion zone on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status.  An increase in the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with the California Department of Fish and Wildlife.

Bird Collision
Avian injury and mortality resulting from collisions with buildings, towers and other man-made structures is a common occurrence in city and suburban settings. Some birds are unable to detect and avoid glass and have difficulty distinguishing between actual objects and their reflected images, particularly when the glass is transparent and views through the structure are possible. Night-time lighting can interfere with movement patterns of some night-migrating birds, causing disorientation or attracting them to the light source. The frequency of bird collisions in a particular area is dependent on numerous factors, including:
characteristics of building height, fenestration (the arrangement of windows and doors on the elevations of a building) and exterior treatments of windows and their relationship to other buildings and vegetation in the area; local and migratory avian populations, their movement patterns, and proximity of water, food and other attractants, time of year; prevailing winds; weather conditions; and other variables.

The proposed mixed-use building and residential buildings would alter the physical characteristics of the site; however, this change is not expected to contribute to a substantial increase in the risk of collisions to local and migratory birds. This is due to several reasons, including the fact that the site is currently developed with residential buildings of a similar height (30 feet), bulk, and surface treatment, as is the current surrounding area; that the existing site has few trees; and the proposed structures would have limited transparency (i.e., no large uninterrupted windows in the new buildings). Because the site vicinity is already developed with urban use and the site is currently developed with occupied structures, most birds, as under existing conditions, would likely acclimate to the presence of the new building once completed. The potential risk of bird collision with the new buildings would be extremely low.

While the design of the exterior treatment of the proposed buildings is in the conceptual phase and has not yet been finalized, and must still go through Design Review, there are design options to minimize the risk of bird collisions by using well-documented bird-safe designs for window treatments, roof top equipment, and night-time lighting. While any bird collisions that do occur should not have a substantial adverse effect on special-status bird species or more common bird species that may be flying through the vicinity, the applicant, as described in Chapter 3, Project Description, has committed to implementing bird-safe design measures in the new buildings, which would further address the low risk of collision.

These include the following measures that would be part of the design of the new building:
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 Non-Reflective Glass: No reflective glass would be used in the building consistent with the San Francisco Bird Safe Recommendations76 that state that reflective glass should be avoided, because some birds in certain circumstances might see vegetation in the reflection and fly into a building.

None of the exterior glass in the new buildings will have a light reflectance value of more than 15 percent.
 Fritted Glass: Fritted glass is a non-reflective glass that is used to reduce glare and lower the danger to birds. Using fritted glass on the ground floor and second story windows and balcony railing elements, of the new mixed-use building would help prevent possible bird strikes. Fritting helps diminish the transparency of glass and is a documented approach to helping reduce the probability of bird collisions. Transparent glass used in “design traps” such as glass bridges or parapets can also be problematic. The project proposes glass railing elements on the second-floor balconies, which would incorporate UV coatings, frosting, and fritting to make them visible to birds to reduce collisions.  Building Lighting: Overly lit buildings can be problematic, especially if there is up-lighting. The project is required to meet City code minimum standards on exterior lighting, and the new building would have no up-lighting. The source, intensity, and type of exterior lighting for the project site would generally be provided for the purpose of orienting site users and for safety needs. All on-site lighting would be low-level illumination and shielded to reduce light spill or glare.  Tree Screening: The proposed project includes new 5-foot screening shrubs to be planted along the north, south, western, and the northern and southern edges of the eastern borders of the project site and 15 new trees, including one Miami crape myrtles (Lagerstroemia I. ‘Miami’), seven Saratoga bay laurels (Laurus ‘Saratoga’), and seven Coast live oak (Quercus agrifolia). Shrubs, including Cape rush (Chondropetalum tectorum) and Dwarf yeddo hawthorn (Rhaphiolepis U. ‘Minor’) would be planted along the eastern portion of the site, shielding the glass façade. These trees would help shield the first floors, which shielding would increase as the new trees grow over time.

The location of the project site, the building design features and selected materials, were determined to adequately address the remote potential for special-status bird species dispersing through the site vicinity to collide with the new structure and be injured or killed. These measures would serve to minimize the potential for bird strikes through the use of bird-friendly design guidelines in the treatment of windows and other aspects of the proposed buildings, and would ensure any potential impact would be less than significant for special-status birds and more common bird species.

Additionally, should the draft City of Cupertino draft Bird Safe Design Ordinance described in Chapter 3, Project Description, in Section 3.1.4.3, Other Requirements, be adopted by the City Council prior to project construction, the project applicant would be required to comply with the standards in the Ordinance which would also ensure any potential impact would be less than significant for special-status birds and more common bird species.
76 San Francisco Planning Department, 2011. Standards for Bird-Safe Buildings, San Francisco, California. Adopted July 14; 175
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Roosting Bats
As described in the existing conditions, the CNDDB records were recently searched for, among other species, occurrences of Townsend’s big-eared bat (Corynorhinus townsendii), hoary bat (Lasiurus cinereus), and Yuma myotis bat (Myotis yumanensis). These three species have no legal protected status under the State or federal Endangered Species Acts, but Townsend’s big-eared bat is considered a Species of Special Concern by the California Department of Fish and Wildlife. Bat species found in the Cupertino vicinity may forage and occasionally roost in the site vicinity, but suitable habitat conditions for maternity roosts is absent from the site. The potential for any special-status bat species to be present on the site is considered highly remote, given the urbanization of the site vicinity and intensity of human activity, which typically discourages possible occupation by special-status bats. Accordingly, the construction and operation of the proposed project would not result in the inadvertent loss of any bats and impacts would be less than significant.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community type?
As discussed in the existing conditions above, the proposed project is located in an urbanized area where no sensitive natural communities are found. The nearest creek is Stevens Creek, located approximately

0.25 miles to the east of the project site. The existing single-family residential neighborhoods act as a barrier between Stevens Creek and the project site. Based on the existing conditions and the fact that the proposed project would redevelop and underdeveloped site, impacts would be consistent with the conclusions in the General Plan EIR and would remain less than significant. c) Would the project have a substantial adverse effect on federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
As discussed in the existing conditions and determined in the General Plan EIR, development of the proposed project would occur in urbanized areas where no wetlands or jurisdictional waters occur on or near the project site; therefore, no impact would occur directly. Indirect impacts to wetlands and jurisdictional or other waters include: 1) an increase in the potential for sedimentation due to construction grading and ground disturbance, 2) an increase in the potential for erosion due to increased runoff volumes generated by impervious surfaces, and 3) an increase in the potential for water quality degradation due to increased levels in non-point pollutants. However, indirect impacts would be largely avoided through effective implementation of best management practices during construction and compliance with water quality controls. As discussed in Impact HYDRO-1, water quality impacts from construction and operation of the proposed project would be less than significant. Accordingly, indirect impacts to wetlands and jurisdictional waters would remain consistent with the conclusions in the General Plan EIR and would be less than significant.
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d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species, their wildlife corridors or nursery sites? Development on the project site would occur in an urbanized area where sensitive wildlife resources and important wildlife movement corridors are no longer present because of the existing development.

Wildlife species common to urban and suburban habitat could be displaced where existing structures are demolished and landscaping is removed as part of future development, but these species are relatively abundant, and adapted to human disturbance. As discussed in Chapter 3, Project Description, of this Initial Study, the proposed project would remove one mature Redwood tree on-site and most landscaping, and would replace the landscaping with additional trees and plants that would provide replacement habitat for wildlife species that may have adapted to the project site. Proposed project landscaping includes native, drought tolerant landscaping that is beneficial to the environment. Therefore, project impacts on the movement of fish and wildlife, wildlife corridors, or wildlife nursery sites would be would remain consistent with the conclusions in the General Plan EIR and would be less than significant. e) Would the project conflict with any local ordinances or policies protecting biological resources? As discussed in criteria (a) through (d), above, the project site is located in an urbanized area where sensitive biological and wetland resources are considered to be absent, and no major conflicts with the relevant policies or ordinances related to biological resources in the General Plan and/or CMC would occur. One tree is proposed to be removed as part of the project. However, because the existing development is on property that requires a development application, all existing trees on the site are considered protected.77 Therefore, compliance with the City’s Tree Ordinances (CMC Chapter 14.12 and Chapter 14.18), which requires replacement trees, would ensure impacts related to the removal of trees would remain consistent with the conclusions in the General Plan EIR and would be less than significant. f) Would the project conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or State habitat conservation plan? No adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved conservation plan includes the city or the project site, and the proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved conservation plan. Impacts would remain consistent with the conclusions in the General Plan EIR and no impact would occur.
77 City of Cupertino Municipal Code, Title 14, Streets, Sidewalks and Landscaping, Chapter 14.18, Protected Trees. 177
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IV. CULTURAL RESOURCES
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5?     b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?     c) Disturb any human remains, including those interred outside of formal cemeteries?    

GENERAL PLAN EIR
Chapter 4.4, Cultural Resources, of the General Plan EIR, addressed the impacts to cultural and Tribal Cultural Resources (TCRs) associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. The impacts were found to be less than significant, and no mitigation measures were required. The following is a summary of Section, 4.4.1.2, Existing Conditions, of Chapter 4.4, which is based on the cultural resource analysis conducted by Tom Origer & Associates on July 24, 2013, included as Appendix D, Cultural Resources Data, of the General Plan EIR. The cultural resources study consists of archival research at the Northwest Information Center at Sonoma State University, examination of the library and files, field inspection, and contact with the Native American community. As shown in Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity, and on Figure 4.4-1, Cultural Resources, of the General Plan EIR, there are no identified cultural resources on the project site.

EXISTING CONDITIONS
As shown in Table 4.4-2, Cultural Resourcesin the Project Study Area and Vicinity, and Figure 4.4-1, Cultural Resources, of the General Plan EIR, there are no identified cultural resources on the project site.

Structures on the project site were developed in 1948 and 1968, 78which is within the 45-year age limit
established by the State Office of Historic Preservation for buildings that may be of historical value.79 However, neither of the existing buildings have been designated on a federal, State, or local registry. Nor are the existing buildings associated with significant cultural events, persons in California’s past, and they do not have any distinctive historical characteristics, and as such do not have any qualifying historical value.
78 Applied Water Resources. 2018. Phase I Environmental Site Assessment 10625-10637 South Foothill Boulevard/Stevens Canyon Road Cupertino, California. 79 Public Resources Code Section 5024.1. 178
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DISCUSSION
a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5?
Under CEQA, both prehistoric and historic-period archaeological sites may qualify as historical resources.80 Archaeological resources are addressed in criterion (b), and human remains are addressed below in criterion (c), below.

As discussed above in the existing conditions, the project site was developed in 1948 and again in 1968.

As further described above, the existing buildings do not meet the criteria for listing in the California Register of Historical Resources. The General Plan EIR did not identify the project site as having existing buildings that are considered historic resources, and the existing buildings are not currently listed as California Historical Resources.81 Accordingly, impacts would remain consistent with the conclusions in the General Plan EIR and less-than-significant impacts to historical architectural resources would occur as a result of project development.
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
While the project site is currently developed and the cultural resources study prepared for the General Plan EIR82 did not identify any known archaeological deposits on the project site, the site could still contain subsurface archaeological deposits, including unrecorded Native American prehistoric archaeological materials. If subsurface historical and pre-contact archaeological deposits that meet the definition of historical resource under CEQA Section 21084.1 or CEQA Guidelines Section 15064.5 are present at the project site, they could be damaged or destroyed by ground-disturbing construction activities (e.g., site preparation, grading, excavation, and trenching for utilities) associated with development allowed under the proposed project. Should this occur, the ability of the deposits to convey their significance, either as containing information about prehistory or history, or as possessing traditional or cultural significance to Native American or other descendant communities, would be materially impaired. Therefore, any project-related ground-disturbing activities have the potential to affect subsurface prehistoric archaeological resources that may be present. Implementation of Mitigation Measure CULT-1, which is not a General Plan EIR mitigation measure, would reduce impacts to unknown archaeological deposits to a less-than-significant level.

Impact CULT-1: The proposed project could cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5. 80 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c), Determining the Significance of Impacts on Historical and Unique Archeological Resources. 81 Office of Historic Preservation, Listed California Historical Resources. Accessed May 9, 2019 at http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43. 82 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse Number 2014032007. December 4, 2014, Appendix D, Cultural Resources Data, Tom Origer & Associates on July 24, 2013.
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Mitigation Measure CULT-1: A tribal representative from the Tamien Nation shall be retained and permitted on-site at all times during ground disturbance (including grading, demolition and/or construction) to monitor for potential prehistoric or historic subsurface cultural resources. Notice shall be given to the Tribe Tamien Nation in a manner requested by the Tribe Tamien Nation at least 48 hours five (5) days before any ground disturbing activity. Prior to ground disturbance activities, construction workers conducting the ground disturbing activities shall undergo cultural resource sensitivity training conducted by the on-site tribal Tamien Nation representative.

If any prehistoric or historic subsurface cultural resources are discovered during ground-disturbing (including grading, demolition and/or construction) activities:
 All work within 50 feet of the resources shall be halted, the City shall be notified, and a qualified archaeologist and tribal Tamien Nation representative shall be consulted. The contractor shall cooperate in the recovery of the materials. Work may proceed on other parts of the project site while mitigation for tribal cultural resources, historical resources or unique archaeological resources is being carried out.
 The qualified archaeologist shall prepare a report for the evaluation of the resource to the California Register of Historical Places and the City Building Department. The report shall also include appropriate recommendations in collaboration with a tribal Tamien Nation representative regarding the significance of the find and appropriate mitigations as follows:
 If the resource is a non-tribal resource, the archaeologist shall assess the significance of the find according to CEQA Guidelines Section 15064.5.
 If the resource is a tribal resource – whether historic or prehistoric – the consulting archaeologist shall consult with the appropriate tribe(s) Tamien Nation to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation, or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) may be implemented.
 All significant non-tribal cultural materials recovered shall be, as necessary, and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. c) Would the project disturb any human remains, including those interred outside of formal cemeteries? There are no known human remains on the project site; however, the potential to unearth unknown human remains during ground disturbing activities associated with the construction of the project could occur. Any human remains encountered during ground-disturbing activities associated with the proposed project would be subject to federal, State, and local regulations to ensure no adverse impacts to human remains would occur in the unlikely event human remains are found.

Health and Safety Code Section 7050.5, Public Resources Code Section 5097.98, and CEQA Guidelines Section 15064.5(e) contain the mandated procedures of conduct following the discovery of human remains. According to the provisions in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the 180
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immediate area shall be taken. The Santa Clara County Coroner shall be notified immediately. The Coroner shall then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall notify the Native American Heritage Commission (NAHC) within 24 hours, who would, in turn, notify the person the NAHC identifies as the Most Likely Descendant (MLD) of any human remains. Further actions shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to make recommendations regarding the disposition of the remains after having been allowed access to inspect the project site. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC. This would be included as a condition of approval of the project to ensure implementation.

Therefore, with the required statutory and regulatory procedures described above, potential impacts related to the potential discovery or disturbance of any human remains accidently unearthed during construction activities associated with the proposed project would impacts would remain consistent with the conclusions in the General Plan EIR and would be less than significant.

V. ENERGY
Would the proposed project:

Potentially
Significant
Impact

Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
   
b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency?    

GENERAL PLAN EIR
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR addressed energy impacts associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Energy impacts were found to be less than significant, and no mitigation measures were required.

EXISTING CONDITIONS
PG&E supplies electricity and natural gas to much of northern and central California – from Humboldt and Shasta counties in the north to Kern and Santa Barbara counties in the south – including the infrastructure for the City of Cupertino. Total electricity consumption in PG&E’s service area is forecast to increase from 104,868 gigawatt-hours (GWh) in 2015 to 119,633 GWh in 2027.83 The nearest PG&E substation to the 83 California Energy Commission (CEC). 2017. California Energy Demand Updated Forecast, 2017-2027. https://efiling.energy.ca.gov/getdocument.aspx?tn=214635, accessed on December 28, 2018. 181
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project site is the Monta Vista Substation on California Oak Way approximately 0.75 miles northwest of the project site. The nearest electricity transmission lines to the project site are located above the project site along Stevens Canyon Road and South Foothill Boulevard. 84 The current project site is served by both electricity and natural gas connections. Electricity is supplied to the project site via infrastructure maintained by PG&E. Silicon Valley Clean Energy (SVCE), a locally controlled public agency that has a partnership with PG&E, supplies the electricity to the project site.

SVCE provides a standard 50 percent renewable energy portfolio, in addition to a 100 percent renewable option that electricity customers can opt into. Natural gas and associated infrastructure are provided and maintained by PG&E.

Current energy demands are derived from the operation of multiple commercial uses located in the existing one-story buildings that were constructed around 1968 and 1948.85 The larger of the two existing buildings is currently occupied by neighborhood-serving restaurant, and commercial uses. However, some of the commercial spaces are currently vacant. The existing commercial building on the northern portion of the project site is currently occupied by the Cupertino Bike Shop, which specializes in bicycle parts, apparel, and accessories. The two-story residential unit is currently vacant and is used as storage by the Cupertino Bike Shop. Current energy demand includes energy demand from vehicle trips which include 454 gross average daily trips and 662 daily VMT.86

DISCUSSION
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Construction activities use energy from various sources, such as on-site heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew.

The operation of the proposed commercial buildings would use energy for cooling, heating, lighting, and landscape equipment, and for vehicle trips to and from the commercial building. According to the existing trip estimates described in Section XV, Transportation, at full occupancy the proposed project would generate fewer average daily weekday vehicle trips than the existing commercial use (322 project trips compared to 454 existing trips) and less VMT (631 project daily per capita VMT compared to 850 existing daily per capita VMT).87 This is further supported by the trip estimates generated by CalEEMod described in Section II, Air Quality, which shows fewer emissions from the transportation sector when comparing the project to existing conditions.
88 84 California Energy Commission (CEC). 2012, October 25. Local Reliability Maps for 2013: Enlargement Maps. http://www.energy.ca.gov/maps/infrastructure/3part_enlargements.html. 85 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, pages 8 and 9. 86 TJKM Transportation Consultants. October 2019, Technical Memorandum (see Appendix D of this Initial Study). 87 TJKM. July 2019. Draft Traffic Impact Study Report, 10625 South Foothill Boulevard, Cupertino, CA. Page 15 to 16, and supplemental memo dated October 16, 2019. See Appendix D of this Initial Study. 88 California Emissions Estimator Model (CalEEMod), Version 2016.3.25. See Appendix A, Air Quality and Greenhouse Gas Emissions, of this Initial Study.
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The proposed project is an infill development project that would result in the redevelopment of the project site in a currently developed portion of the city. The project site currently has access to existing infrastructure and services; however, the proposed project would require the construction or installation of new infrastructure and capacity enhancing alterations to existing on-site facilities to connect the new residential buildings to water, stormwater, sanitary sewer, electricity, and natural gas lines. The construction of new infrastructure and capacity enhancing alterations would be necessary as part of the construction of the residential buildings and would be consistent with the design and installation of typical utility infrastructure for new mixed-use or residential buildings. Therefore, the construction or installation of new infrastructure and capacity enhancing alterations would not be a wasteful, inefficient, or unnecessary use of energy.

The proposed project would improve connectivity to existing bicycle and pedestrian facilities and locates a commercial building with neighborhood serving retail and residential uses near existing residential neighborhoods. As described in Section X, Land Use and Planning, of this Initial Study, the proposed project is consistent with the General Plan land use designation and as described in Section XII, Population and Housing, the proposed project would not result in new growth potential from what was considered in the General Plan EIR.

The proposed mixed-use and residential buildings would meet the 2019 Building and Energy Efficiency Standards of the California Public Resources Code, Title 24, Part 6, which applies to any project that is proposed to begin construction on or after August 2020. The 2019 Building Energy Efficiency Standards improve upon the 2016 Standards. The 2019 Standards require 53 percent or more energy efficiency for residential buildings, and 30 percent or more energy efficiency for non-residential buildings, respectively.
89 As described above in Chapter 3, Project Description, in Section 3.1.4.4, Utilities and Energy, the City enforces the CALGreen Building Standards, which establish planning and design standards for sustainable site development, energy efficiency (in excess of the California Energy Code requirements), in CMC Chapter 16.58, Green Building Standards Code Adopted. CMC Chapter 16.58, Section 16.58.220, Table 101.10 requires that non-residential new construction under 25,000 square feet shall achieve a minimum green building requirement of CALGreen Building Code pursuant to Chapter 5 of the California Green Building Standards Code. CMC Chapter 16.58, Section 16.58.220, Table 101.10 also requires that residential new construction exceeding nine homes shall achieve a minimum green building requirement of Green Points Rated certified at minimum 50 points, Leadership in Energy and Environmental Design (LEED) Silver, or an alternate green building standard that is as stringent as LEED or other cited standards and is subject to third party verification. Energy conserving features of the proposed project would include new landscaping that is native and/or adaptive, and drought resistant to conserve water and subsequently save energy.
89 California Energy Commission. March 2018. 2019 Building Energy Efficiency Standards. Accessed May 24, 2019 at https://www.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Building_Standards_FAQ.pdf. 183
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New buildings constructed in accordance with the General Plan land use designation and to the standards identified above would not result in wasteful, inefficient, or unnecessary consumption of energy resources. Accordingly, impacts would remain consistent with the conclusions in the General Plan EIR and would be less than significant.
b) Would the project conflict with or obstruct a State or local plan for renewable energy or energy efficiency?
As discussed below in criterion (b) of Section VII, Greenhouse Gas Emissions, the proposed project would not conflict with the current CARB 2017 Climate Change Scoping Plan, Plan Bay Area, or the Cupertino Climate Action Plan, all which involve planning for us of renewable energy planning and energy efficiency standards. Also, as previously discussed, the proposed project would build to the most current 2019 Building and Energy Efficiency Standards of the California Public Resources Code, Title 24, Part 6.

Accordingly, impacts would be less than significant, and no mitigation measures would be required.

VI. GEOLOGY AND SOILS
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Directly or indirectly cause potential 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 substantial evidence of a known fault?
   
ii) Strong seismic ground shaking?    
iii) Seismic-related ground failure, including liquefaction?     iv) Landslides, mudslides or other similar hazards?     b) Result in substantial soil erosion or the loss of topsoil?     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 on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
   
d) Be located on expansive soil, as defined by Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
   
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
   
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?    
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GENERAL PLAN EIR
Chapter 4.5, Geology, Soils, and Seismicity, of the General Plan EIR, addressed geological and seismicrelated impacts associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Impacts were found to be less than significant, and no mitigation measures were required. The following discussion is based on project site information available in Section 4.5.1.2, Existing Conditions, of Chapter 4.5.

EXISTING CONDITIONS
The following describes the existing conditions on the project site with respect to geology and soil:
 Geology. The City of Cupertino lies in the west-central part of the Santa Clara Valley, a broad, mostly flat alluvial plain that extends southward from San Francisco Bay. The site is generally flat with an average elevation of 429 feet above mean sea level and the depth of groundwater is estimated to be 25 to 30 feet below ground surface. The soil is Urban Land Flaskan Complex, which is a well-drained sandy loam, sandy clay loam, gravelly sandy clay loam and very gravelly sandy clay loam soil. 90 Surficial
geology is young, unconsolidated Quaternary alluvium,91 which is described as Holocene-age younger alluvium and coarse-grained alluvium that are composed of unconsolidated, poorly sorted gravel, silt, sand, and clay and organic matter.

Unique geologic features are those that are unique to the field of geology. Each rock unit tells a story of the natural processes operating at the time it was formed. The rocks and geologic formations exposed at the earth’s surface or revealed by drilling and excavation are our only record of that geologic history. What makes a geologic unit or feature unique can vary considerably. For example, a geologic feature may be considered unique if it is the best example of its kind and has distinctive characteristics of a geologic principle that is exclusive locally or regionally, is a key piece of geologic information important to geologic history, contains a mineral that is not known to occur elsewhere in the County, or is used as a teaching tool.

Unique geological features are not common in Cupertino. The geologic processes are generally the same as those in other parts of the state, country, and even the world. The geology and soils on the project site are common throughout the city and region and are not considered to be unique.  Soils. Web-accessible soil mapping data compiled by the USDA’s Soil Conservation Survey and the California Soil Resource Laboratory hosted by University of California at Davis was used to identify the major soil types on the project site. The predominant soil types for the project site are soils of the Urban Land-Flaskan and Urban Land-Botella complexes generally formed on slopes of 2 to 9 percent. 90 California Soil Resource Lab. Accessed May 24, 2019 at https://casoilresource.lawr.ucdavis.edu/gmap/. 91 US Geological Survey, 1994, Preliminary Quaternary Geologic Maps of Santa Clara Valley, Santa Clara, Alameda, and San Mateo Counties, California: A Digital Database, Open-File Report 94-231, by E.J. Helley, R.W. Graymer, G.A. Phelps, P.K.

Showalter, and C.M. Wentworth.
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In almost all instances, these soils are reportedly deep and well drained, and are typified by low runoff.92
 Fault Rupture. The San Francisco Bay Area is one of the most seismically active regions in the United States. The significant earthquakes that occur in the Bay Area are generally associated with crustal movement along well-defined active fault zones such as the San Andreas Fault system. Many of these zones exhibit a regional trend to the northwest. The site is not located within a State-designated Alquist-Priolo Earthquake Fault Zone (known formerly as a Special Studies Zone) or a Santa Clara County-designated Fault Rupture Hazard Zone.93 No active fault traces are known to cross the site; however, the San Andreas Fault passes a few miles west of the city of Cupertino.  Liquefaction. The site is not located within a seismically inducted liquefaction hazard zone, as mapped by the State of California and Santa Clara County. During cyclic ground shaking, such as seismic shaking during an earthquake, cyclically-induced stresses may cause increased pore water pressures within the soil matrix, resulting in liquefaction. Liquefied soil may lose shear strength that may lead to large shear deformations and/or flow failure. Liquefied soil can also settle as pore pressures dissipate following an earthquake.

Soils most susceptible to liquefaction are loose to moderately dense, saturated, non-cohesive soils with poor drainage, such as sands and silts with interbedded or capping layers of relatively low permeability soil.
 Lateral Spreading. Lateral spreading typically occurs as a form of horizontal displacement of relatively flat-lying alluvial material toward an open or “free” face such as an open body of water, channel, or excavation. In soils, this movement is generally due to failure along a weak plane and may often be associated with liquefaction. As cracks develop within the weakened material, blocks of soil are displaced laterally toward the open face. Cracking and lateral movement may gradually propagate away from the face as blocks continue to break free. Because of the low potential for liquefaction, the risk of lateral spreading at the site is also considered low.  Paleontological Resources. A review of the University of California’s Museum of Paleontology’s fossil locality database was conducted for the City of Cupertino. No paleontological resources have been identified on the project site; however, the presence of Pleistocene deposits that are known to contain fossils indicates that the overall city could contain paleontological resources.

DISCUSSION
a) Would the project directly or indirectly cause potential 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 92 UC Davis Soil Resource Laboratory, 2018. California Soil Resource Lab, Online Soil Survey, URL:
https://casoilresource.lawr.ucdavis.edu/gmap/, accessed May 24, 2019. 93 Santa Clara County, 2012. Santa Clara County Geologic Hazard Zones, Map 18, updated October 26, 2012. 186
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on other substantial evidence of a known fault; (ii) Strong seismic ground shaking; (iii) Seismic-related ground failure, including liquefaction; (iv) Landslides, mudslides or other similar hazards? Fault Rupture
As discussed in the General Plan EIR, only one Alquist-Priolo Earthquake Fault Zone has been mapped within the City of Cupertino, namely, the zone that flanks the San Andreas Fault in the southwestern most part of the city. Because the site is not located within a State-designated Alquist-Priolo Earthquake Fault Zone or Santa Clara County-designated Fault Rupture Hazard Zone, and no active faults are known to traverse the site, the risk of surface fault rupture is considered low. The impacts from project development as they relate to surface fault rupture are considered less than significant.

Strong Seismic Ground Shaking
The hazards posed by strong seismic ground shaking during a major earthquake, while variable, are nearly omnipresent in the San Francisco Bay Area. As discussed in the General Plan EIR, in the event of a large, magnitude 6.7 or greater seismic event, much of the city is projected to experience “strong” ground shaking, with the most intense shaking forecast for the northeast part of the city where the project is located. Adherence to applicable building code, including conformance to the California Building Code (CBC) and the City’s building permit requirements would ensure that the impacts associated with strong seismic ground shaking are minimized to the maximum extent practicable. The impacts of project development as they relate to strong seismic ground shaking would be less than significant.

Liquefaction
The project site is not located within an area mapped by the State of California or Santa Clara County as having a high potential for seismically induced liquefaction. As discussed in the General Plan EIR, the potential for seismically induced liquefaction in the vicinity appears low and is limited to a very narrow strip of alluvial deposits that flank Stevens Creek approximately 0.25 miles east of the project site.

Accordingly, impacts associated with project development as they may relate to seismically induced liquefaction would be less than significant.

Landslides
The site is generally flat with elevation an average of 429 feet above mean sea level.94 The project site is not located within an area mapped by the State of California or Santa Clara County as having a high potential for seismically induced landslides. Therefore, impacts associated with project development as they may relate to seismically induced landslides would be less than significant. 94 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, page 8.
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b) Would the project result in substantial soil erosion or the loss of topsoil? Substantial soil erosion or loss of topsoil during construction could, in theory, undermine structures and minor slopes during development of the project site. However, compliance with existing regulatory requirements, such as the implementation of grading erosion control measures specified in Appendix J, Grading of the CBC and CMC Section 16.08.110, Interim Erosion and Sediment Control Plan, would reduce impacts from erosion and the loss of topsoil.

Examples of these control measures are best management practices such as hydroseeding or short-term biodegradable erosion control blankets; vegetated swales, silt fences, or other forms of protection at storm drain inlets; post-construction inspection of drainage structures for accumulated sediment; and post-construction clearing of debris and sediment from these structures.

Section 16.08.110 of the CMC requires the preparation and submittal of Interim Erosion and Sediment Control Plans for all projects subject to City-issued grading permits, which would minimize the removal of topsoil, avoid overly steep cut and/or fill slopes, and protect existing vegetation during grading operations.

These requirements are broadly applicable to residential development projects. Adherence to these regulations would help ensure that the impacts of project development as they relate to substantial soil erosion or loss of topsoil would be less than significant. c) Would the project 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 on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
As discussed in criterion (a), the project site is not located within an area mapped as having significant potential for seismically induced liquefaction. Because of the low potential for liquefaction, the risk of lateral spreading at the site would also be low. Therefore, the impacts of project development as they relate to liquefaction and lateral spreading would be less than significant and no mitigation measures would be required.

The site is generally flat with an average elevation of 429 feet above mean sea level.95 The properties surrounding the project site are also at a similar elevation. The impacts of project development as they relate to landslides would be less than significant.
d) Would the project be located on expansive soil, as defined by Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Expansive soils can undergo dramatic changes in volume in response to variations in soil moisture content.

When wet, these soils can expand; conversely, when dry, they can contract or shrink. Sources of moisture that can trigger this shrink-swell phenomenon can include seasonal rainfall, landscape irrigation, utility leakage, and/or perched groundwater. Expansive soil can develop wide cracks in the dry season, and 95 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, page 8.
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changes in soil volume have the potential to damage concrete slabs, foundations, and pavement. Special building/structure design or soil treatment are often needed in areas with expansive soils. Expansive soils are typically very fine-grained with a high to very high percentage of clay, typically montmorillonite, smectite, or bentonite clay.

The proposed project would be subject to the CBC regulations and provisions, as adopted in CMC Chapter

16.04, Building Code, and enforced by the City during plan review prior to building permit issuance. The CBC contains specific requirements for seismic safety, excavation, foundations, retaining walls, and site demolition, and also regulates grading activities, including drainage and erosion control. Thus, compliance with existing regulations and policies would ensure that the potential future development impacts permitted under the proposed project would be reduced. Therefore, the impacts of project development as they relate to expansive soils are considered less than significant. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The development of the proposed project would not require the construction or use of septic tanks or alternative wastewater disposal systems. Therefore, no impact would occur. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
As discussed above in existing conditions, the geology and soils on the project site are common throughout the city and region and are not considered to be unique. While no paleontological resources have been identified on the project site, because the proposed project requires substantial excavation for the subterranean parking garage that could reach significant depths below the ground surface where no such excavation has previously occurred, there could be fossils of potential scientific significance that have not been recorded. Such ground-disturbing construction associated with development under the proposed project could cause damage to, or destruction of, paleontological resources. Impacts to paleontological resources would be reduced to a less-than-significant level with implementation of Mitigation Measure GEO-1, which is not a General Plan EIR mitigation measure.

Impact GEO-1: Construction of the proposed project would have the potential to directly or indirectly affect an unknown unique paleontological resource.

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potential resource, and assess the significance of the finding under the criteria set forth in CEQA Guidelines Section 15064.5.
 The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.  If the project applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The excavation plan shall be submitted to the City for review and approval prior to implementation.

VII. GREENHOUSE GAS EMISSIONS
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?     b) Conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases?
   

GENERAL PLAN EIR
Chapter 4.6, Greenhouse Gas Emissions, of the General Plan EIR, addressed the impacts from greenhouse gas emissions (GHG) associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program. GHG impacts under the General Plan EIR were found to be less than significant and no mitigation measures were required.

This section analyzes the GHG emissions from the construction and operation of the proposed project. An update to the background discussion of the GHG regulatory setting and air quality modeling in the General Plan EIR is in Appendix A, Air Quality and Greenhouse Gas Emissions, of this Initial Study.

EXISTING CONDITIONS
The existing commercial uses generate greenhouse gas emissions from transportation sources, energy (natural gas and purchased energy), and area sources such as landscaping equipment and architectural coatings. The existing land uses generate approximately 454 average daily weekday trips96 and 662 daily VMT. 97 Existing emissions based on full occupancy associated with historic operations associated with the existing commercial uses on the project site are included in Table 4-6 below. 96 TJKM Transportation Consultants. October 2019, Technical Memorandum (see Appendix D of this Initial Study). 97 Applies the same assumptions to existing conditions as TJKM Transportation Consultants applied in their October 2019 memo for the proposed project (see Appendix D of this Initial Study). 190
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TABLE 4-6 EXISTING GHG EMISSIONS
Category
GHG Emissions (MTCO2e/Year)
Existing Emissions Percent of Total
Area <1 <1%
Energy 5 1%
On-Road Mobile Sources 335 96%
Waste 7 2%
Water/Wastewater 1 <1%
Total 347 100%
Note: Emissions may not total to 100 percent due to rounding. MTCO2e/year = metric tons of carbon dioxide equivalent per year.

Source: California Emissions Estimator Model (CalEEMod), Version 2016.3.25.

DISCUSSION
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
A project does not generate enough GHG emissions on its own to influence global climate change; therefore, this section measures the project’s contribution to the cumulative environmental impact.

Development of the proposed project would contribute to global climate change through direct and indirect emissions of GHG from transportation sources, energy use (natural gas and purchased energy), water use and wastewater generation, and solid waste generation. In addition, construction activities would generate a short-term increase in GHG emissions. The change in emissions generated by the proposed project was evaluated using the CalEEMod, Version 2016.3.25, and are shown in Table 4-7.

TABLE 4-7 PROJECT OPERATION AND CONSTRUCTION GHG EMISSIONS Category
GHG Emissions (MTCO2e/Year)
Existing Emissions Project Emissions Percent of Total Net Change from Existing Area <1 2 1% 2
Energy 5 20 6% 16
On-Road Mobile Sources 335 294 88% -41
Waste 7 7 2% <1
Water/Wastewater 1 1 <1% <1
Amortized Construction Emissions a NA 11 3% 11
Total 347 255 100% 26.5%
BAAQMD Emissions Threshold (MTCO2e) 660
Exceeds BAAQMD Thresholds? No
Notes: Emissions may not total to 100 percent due to rounding. New buildings would be constructed to the 2019 Building & Energy Efficiency Standards (effective January 1, 2020). MTCO2e/year = metric tons of carbon dioxide equivalent per year. a. One-time, short-term emissions are converted to average annual emissions by amortizing them over the service life of a building, which is assumed to be 30 years.

Source: California Emissions Estimator Model (CalEEMod), Version 2016.3.25. 191
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Construction Impacts
BAAQMD does not have thresholds of significance for construction-related GHG emissions, however, the BAAQMD advises that the lead agency should quantify and disclose GHG emissions that would occur during construction and make a determination on the significance of these construction-generated GHG emissions in relation to meeting Assembly Bill (AB) 32 GHG reduction goals. Therefore, this impact discussion applies BAAQMD’s project-level operation threshold of 660 metric tons of carbon dioxide equivalent per year (MTCO2e/year) for construction, which is based on BAAQMD’s operational-related threshold of 660 MTCO2e/year. 98 GHG emissions from construction activities are one-time, short-term emissions and, therefore, would not significantly contribute to long-term cumulative GHG emissions impacts from the proposed project. One-time, short-term emissions are converted to average annual emissions by amortizing them over the service life of a building. The total construction GHG emissions for the proposed project are estimated to be 253 MTCO2e/year (See Appendix A). For buildings in general, it is reasonable to look at a 30-year time frame, because this is a typical interval before a new building requires the first major renovation.99 As shown in Table 4-7 above, when amortized over a 30-year project lifetime, average annual construction emissions from the proposed project would represent a nominal source of GHG emissions and would not exceed BAAQMD’s operational-related threshold. Construction emissions would be less than significant, and no mitigation measures would be required.

Operational Impacts
As shown in Table 4-7 above, development of the proposed project would result in a net decrease of GHG emissions at opening year (2022). As previously described, the proposed project would generate fewer daily weekday trips and less daily VMT than the existing land uses on the project site. Because transportation emissions would generate the majority of GHG emissions associated with the proposed project, this reduction in daily trips and VMT would provide a project benefit in reducing GHG emissions.

Additionally, the new buildings would be more energy efficient than the existing structures and would be built to achieve the latest Title 24 Building and Energy Efficiency Standards. Operation of the proposed project would result in a net decrease in GHG emissions and would not exceed the BAAQMD bright-line screening threshold of 660 MTCO2e.100 Because long-term GHG emissions associated with the proposed project are anticipated to decrease, resulting in a project benefit to GHGs, no impact would occur. 98 California Executive Order B-30-15 requires the state to reduce GHG emission 40% below 1990 levels by 2030. A 40% reduction from BAAQMD’s 1,100 MTCO2e/year threshold identified in the Bay Area Air Quality Management District, 2017, California Environmental Quality Act Air Quality Guidelines, p.2-4, is 660 MTCO2e/per year. 99 International Energy Agency, 2008, Energy Efficiency Requirements in Building Codes, Energy Efficiency Policies for New Buildings, March. While the BAAQMD CEQA Guidelines do not provide specific criteria in evaluating construction-related GHG emissions impacts, this methodology is consistent with the methodology utilized by the South Coast Air Quality Management District. 100 California Executive Order B-30-15 requires the state to reduce GHG emission 40% below 1990 levels by 2030. A 40% reduction from BAAQMD’s 1,100 MTCO2e/year threshold identified in the Bay Area Air Quality Management District, 2017, California Environmental Quality Act Air Quality Guidelines, p.2-4, is 660 MTCO2e/per year. 192
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b) Would the project conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases?
Applicable plans adopted for the purpose of reducing GHG emissions include the CARB Scoping Plan, the MTC’s/ ABAG’s Plan Bay Area 2040, and Cupertino’s Climate Action Plan. A consistency analysis with these plans is presented below.

CARB’s Scoping Plan
In accordance with AB 32 and SB 32 the CARB 2017 Climate Change Scoping Plan101 (Scoping Plan) contains the State’s strategy to achieve 1990 level emissions by year 2020 and a 40 percent reduction from 1990 emissions by year 2030. The Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and individual projects. Nevertheless, the Scoping Plan has been the primary tool that is used to develop performance-based and efficiency-based CEQA criteria and GHG reduction targets for climate action planning efforts.

Statewide strategies to reduce GHG emissions in the latest Scoping Plan (2017) include implementing SB 350, which expands the Renewables Portfolio Standard to 50 percent by 2030 and doubles energy efficiency savings; expanding the Low Carbon Fuel Standard to 18 percent by 2030; implementing the Mobile Source Strategy to deploy zero-electric vehicle buses and trucks; implementation of the Sustainable Freight Action Plan; implementation of the Short-Lived Climate Pollutant Reduction Strategy, which reduces methane and hydrofluorocarbons 40 percent below 2013 levels by 2030 and black carbon emissions 50 percent below 2013 levels by 2030; continuing to implement Senate Bill 375; creation of a post-2020 Cap-and-Trade Program; and development of an Integrated Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink. Statewide GHG emissions reduction measures that are being implemented as a result of the Scoping Plan would reduce the proposed project’s GHG emissions.

The proposed project would be constructed to achieve the standards in effect at the time of development and would not conflict with statewide programs adopted for the purpose of reducing GHG emissions. As stated above, while the measures in the State’s Scoping Plan are not directly applicable to individual development projects, the project’s GHG emissions would be reduced through compliance with statewide measures that have been adopted since AB 32 and SB 32 were adopted. Therefore, the impact would be less than significant.

MTC’s/ABAG’s Plan Bay Area
Plan Bay Area 2040 is the Bay Area’s Regional Transportation Plan (RTP)/Sustainable Community Strategy (SCS). To achieve MTC’s/ABAG’s sustainable vision for the Bay Area, the Plan Bay Area 2040 land use concept plan for the region concentrates the majority of new population and employment growth in the region in Priority Development Areas (PDAs). PDAs are transit-oriented, infill development opportunity areas within existing communities. An overarching goal of the regional plan is to concentrate development 101 Note that the 2017 Climate Change Scoping Plan is an update to the 2008 and 2014 Scoping Plans. 193
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in areas where there are existing services and infrastructure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve the per capita passenger vehicle, vehicle miles traveled, and associated GHG emissions reductions. Although the proposed project is not within a PDA, as discussed in Section XII, Population and Housing, growth associated with the proposed project is consistent with ABAG projections and would not exceed regional population and employment projections (see Chapter 4, General Plan EIR Consistency Analysis, of this Initial Study). The proposed project is an infill development project that would result in an increase in land use intensity in a portion of the city that has access to existing infrastructure and services, including transit service (see Section XV, Transportation). Therefore, the proposed project would not conflict with the land use concept plan for the City of Cupertino identified in the Plan Bay Area 2040 and the impact would be less than significant.

City of Cupertino Climate Action Plan
The Cupertino Climate Action Plan (CAP) is a strategic planning document that identifies sources of GHG emissions within the city’s boundaries, presents current and future emissions estimates, identifies a GHG reduction target for future years, and presents strategic goals, measures, and actions to reduce emissions from the energy, transportation and land use, water, solid waste, and green infrastructure sectors.

The emissions reduction strategies developed by the City followed the BAAQMD’s CEQA Guidelines (2011) and the corresponding criteria for a Qualified Greenhouse Gas Emissions Reduction Program as defined by the BAAQMD, which in turn were developed to comply with the requirements of AB 32 and achieve the goals of CARB’s 2008 Scoping Plan. Since the adoption of the CAP in January of 2015, the Legislature adopted SB 32 (September 2016) and CARB adopted the 2017 Climate Change Scoping Plan (December 2017), aimed at meeting SB 32’s GHG reduction goal of 40 percent below 1990 levels by 2030.

Qualified GHG Reduction Strategy
A qualified GHG reduction strategy adopted by a local jurisdiction should include the following elements, described in the State CEQA Guidelines Section 15183.5. BAAQMD’s revised CEQA Guidelines provides the methodology to determine if a GHG reduction strategy meets these requirements. The following includes a description of the BAAQMD methodology and how the Cupertino CAP meets the requirement.

1. Quantify GHG emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area.
 Cupertino’s CAP identifies a baseline GHG emissions inventory for year 2010 and business-asusual forecasts for 2020, 2035, and 2050 for land uses within the City.

Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable.  Cupertino’s CAP has established a goal (or level) of 15 percent below 2005 levels by 2020 and 35 percent below 2005 levels by 2035. The 2020 GHG reduction goal is in line with AB 32. However, the 2030 goal was adopted prior to SB 32.
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Identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area.
 The GHG emissions sources calculated in the baseline GHG emissions inventory include commercial, residential, and industrial electricity and natural gas use, on-road transportation, solid waste disposal, energy use related to water and wastewater, agricultural off-road equipment and emissions associated with fertilizer application, and off-road equipment use for construction and lawn and garden activities. GHG emissions from these activities were calculated from activity data such as kilowatt hours of electricity, therms of natural gas, tons of waste disposed, and vehicle miles traveled from trips with an origin or destination in Cupertino.

Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level.
 The Cupertino CAP has identified groups of measures and performance standards aimed at achieving these targets: Reduce Energy Use/Improve Facilities; Encourage Alternative Transportation/Convert Vehicle Fleet; Conserve Potable Water; Reduce Solid Waste; and Expand Green Infrastructure. The Cupertino CAP strategies achieve the near-term (i.e., 2020) GHG reduction target. Strategies for the post-2020 targets were not quantified.

Establish a mechanism to monitor the plan’s progress toward achieving the target GHG emissions level and to require amendment if the plan is not achieving specified levels.  The City has a sustainability division that implements and tracks the City’s GHG reduction strategies and progress toward GHG reduction targets. The City’s sustainability division prepares annual reports on CAP implementation and progress as part of the monitoring program, including projects and policies, data and metrics, as well as inventory updates to determine if the CAP is achieving its targeted goals.

Be adopted in a public process following environmental review.  The City’s 2015 addendum to General Plan EIR102 demonstrated that that adoption of the Cupertino CAP would not create any new or substantially more severe significant effects on the environment that were not analyzed in the General Plan EIR certified in 2014.103 Based on the analysis above, the City’s CAP is a qualified GHG reduction plan for the AB 32 targets.

In addition, a specific project proposal is considered consistent with the Cupertino CAP if it does not conflict with the required GHG reduction measures contained in the adopted CAP. Project consistency with the adopted GHG reduction measures are shown in Table 4-8:
102 City of Cupertino, approved General Plan Amendment, Housing Element Update, and Associated Rezoning EIR Final Addendum, State Clearinghouse Number 2014032007. October 2015. 103 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse Number 2014032007. December 2014.
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TABLE 4-8 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
Measure C‐E‐1 Energy Use Data and Analysis
Increase resident and building
owner/tenant/operator knowledge about how,
when, and where building energy is used.
2035 GHG Reduction Potential: 850 MT CO2e/yr
Consistent. The City is the responsible party for this measure. This measure is not relevant because the proposed project receives energy through Silicon Valley Clean Energy (SVCE) and therefore utilizes renewable energy for the building. As described in Chapter 3, Project Description, energy conservation measures would be used as part of interior lighting for the new building, such as various glazing treatments on exterior facades and efficient irrigation for landscape to reduce water consumption by 20 percent. The proposed project would not conflict with implementation of this measure.

Measure C‐E‐2 Retrofit Financing
Promote existing and support development of new
private financing options for home and commercial
building retrofits and renewable energy
development.
2035 GHG Reduction Potential: 10,525 MT CO2e/yr
Consistent. The City is the responsible party for this measure. The project proposes new residential buildings that would comply with the 2019 Building Energy Efficiency Standards and CALGreen, at minimum, as stated on pages 3-11 and 3-12 of Chapter 3, Project Description. The proposed project would not conflict with implementation of this measure.

Measure C‐E‐3 Home & Commercial Building
Retrofit Outreach
Develop aggressive outreach program to drive
voluntary participation in energy‐ and water‐
efficiency retrofits.

Supporting Measure
Consistent. The City is the responsible party for this measure. The proposed project includes the construction of new buildings and therefore these measures would not apply as a retrofit. Additionally, the proposed project would comply with the latest building code and utilize energy and water efficient fixtures. The proposed project would not conflict with implementation of this measure.

Measure C‐E‐4 Energy Assurance Plan
Develop a long‐term community‐wide energy
conservation plan that considers future
opportunities to influence building energy efficiency
through additional or enhanced building
regulations.

Supporting Measure
Consistent. The City is the responsible party for this measure. The proposed project includes buildings that would comply with the 2019 Building Energy Efficiency Standards and CALGreen, at minimum, as stated on pages 3-15 of Chapter 3, Project Description.

Measure C‐E‐5 Community‐Wide Solar
Photovoltaic Development
Encourage voluntary community‐wide solar
photovoltaic development through regulatory
barrier reduction and public outreach campaigns.
2035 GHG Reduction Potential: 4,400 MT CO2e/yr
Consistent. The City is the responsible party for this measure. The proposed project would not conflict with implementation of this measure.

Measure C‐E‐6 Community‐Wide Solar Hot Water
Development
Encourage communitywide solar hot water
development through regulatory barrier reduction
and public outreach campaigns.

Consistent. The City is the responsible party for this measure. The proposed project would not conflict with implementation of this measure. 196
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TABLE 4-8 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
2035 GHG Reduction Potential: 925 MT CO2e/yr
Measure C‐E‐7 Community Choice Energy Option
Partner with other Santa Clara County jurisdictions
to evaluate the development of a regional CCE
option, including identification of the geographic
scope, potential costs to participating jurisdictions
and residents, and potential liabilities.

2035 GHG Reduction Potential: 56,875 MT
CO2e/yr
Consistent. The City is the responsible party for this measure. The City of Cupertino is a member of Silicon Valley Clean Energy (SVCE) which partners with PG&E to provide clean electricity. The proposed project would receive energy from SVCE. The proposed project would not conflict with implementation of this measure.

Measure C-T-1 Bicycle & Pedestrian Environment
Enhancements
Continue to encourage multi-modal transportation,
including walking and biking, through safety and
comfort enhancements in the bicycle and
pedestrian environment.

Supporting Measure
Consistent. The City is the responsible party for this measure. As stated in Section XV, Transportation, of this Initial Study, the proposed project would not remove existing bicycle facilities along Stevens Creek Boulevard, nor would it conflict with the City’s 2016 Bicycle Transportation Plan.

Pedestrians would also have access to the site via the existing crosswalks on South Foothill Boulevard connecting to Stevens Canyon Road.

Therefore, the proposed project would promote these alternative modes of transportation.

Measure C‐T‐2 Bikeshare Program
Explore feasibility of developing local bikeshare
program.

Supporting Measure
Consistent. The City is the responsible party for this measure. The proposed project would not conflict with implementation of this measure.

Class II bike lanes currently exist on both sides of South Foothill Boulevard and Stevens Canyon Road along the length of the project site. Bicyclists would access the project site from the existing Class II bike lanes via the internal roadway network.

Measure C‐T‐3 Transportation Demand
Management
Provide informational resources to local businesses
subject to SB 1339 transportation demand
management program requirements and
encourage additional voluntary participation in the
program.
2035 GHG Reduction Potential: 2,375 MT CO2e/yr
Consistent. The City is the responsible party for this measure. As described in Section XV, Transportation, of this Initial Study, the proposed project is an infill and would not conflict with implementation of this measure.

Measure C‐T‐5 Transit Priority
Improve transit service reliability and speed.

Supporting Measure
Consistent. The City is the responsible party for this measure. As described in Section XV, Transportation, of this Initial Study, the proposed project is an infill project, but is not located near a transit stop. However, the proposed project would not conflict with implementation of this measure.

Measure C‐T‐6 Transit‐Oriented Development
Continue to encourage development that takes
advantage of its location near local transit options
Consistent. The City is the responsible party for this measure. As described in Section XV, Transportation, of this Initial Study, the proposed project is an infill project and would not conflict with implementation of this measure.
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TABLE 4-8 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
(e.g., major bus stops) through higher densities and
intensities to increase ridership potential.

Supporting Measure
Measure C-W-1 SB-X7-7

Implement water conservation policies contained
within Cupertino’s Urban Water Management Plan
to achieve 20 percent per capita water reductions
by 2020.

Supporting Measure
Consistent. The City is the responsible party for this measure. The proposed project would comply with SB X7-7, which requires California to achieve a 20 percent reduction in urban per capita water use by 2020 and would implement best management practices for water conservation to achieve the City’s water conservation goals. As described in Chapter 3, Project Description, the project incorporates water conservation features for on-site irrigation. All landscape zones would be irrigated as required by the Cupertino Landscape Ordinance, and water uses would be tailored to meet CALGreen Building Standards, which requires water conservation and requires new buildings to reduce water consumption by 20 percent. The proposed project would not conflict with implementation of this measure.

Measure C‐W‐2 Recycled Water Irrigation Program
Explore opportunities to use recycled water for
irrigation purposes to reduce potable water
demands.

Supporting Measure
Consistent. The City is the responsible party for this measure. City must build the infrastructure to provide recycled water for projects to use. As described in Chapter 3, Project Description, the project incorporates water conservation features for on-site irrigation. All landscape zones would be irrigated as required by the Cupertino Landscape Ordinance, and water uses would be tailored to meet CALGreen Building Standards, which requires water conservation and requires new buildings to reduce water consumption by 20 percent. The proposed project would not conflict with implementation of this measure.

Measure C‐SW‐1 Zero Waste Goal
Maximize solid waste diversion communitywide
through preparation of a zero‐waste strategic plan.

Supporting Measure
Consistent. The City is the responsible party for this measure. As described in Chapter 3, Project Description, this Initial Study, pursuant to CMC Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste, during construction, the project would reduce construction waste and divert materials from landfill and promote recycling of construction waste. The proposed project would not conflict with implementation of this measure.

Measure C‐SW‐2 Food Scrap and Compostable
Paper Diversion
Continue to promote the collection of food scraps
and compostable paper through the City’s organics
collection program.
2035 GHG Reduction Potential: 750 MT CO2e/yr
Consistent. The City is the responsible party for implementing this measure. The proposed project would include compost and yard waste disposal services through the City’s contracts with Recology South Bay. The materials would be collected by the City garbage waste hauler. The proposed project would not conflict with implementation of this measure.

Measure C‐SW‐3 Construction & Demolition Waste
Diversion Program
Continue to enforce diversion requirements in City’s
Construction & Demolition Debris Diversion and
Green Building Ordinances.
2035 GHG Reduction Potential: 550 MT CO2e/yr
Consistent. The City is the responsible party for this measure. As described in Chapter 3, Project Description, of this Initial Study, the proposed project would comply with the City’s Construction and Demolition Debris Diversion Ordinance (CMC Chapter 16.72), which requires applicable construction projects to divert 65 percent of construction waste. Pursuant to CMC Section 16.72.050, Information Required Before Issuance of Permit, the project would create a construction waste management plan to reduce construction waste and divert materials from landfill and promote recycling of construction waste. Prior to receiving a final building inspection, a construction recycling report would be submitted to show 198
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TABLE 4-8 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
the tons recycled and disposed by material type. The proposed project would not conflict with implementation of this measure.

Measure C‐G‐1 Urban Forest Program
Support development and maintenance of a
healthy, vibrant urban forest through outreach,
incentives, and strategic leadership.
2035 GHG Reduction Potential: 725 MT CO2e/yr
Consistent. The City is the responsible party for this measure. As described in Chapter 3, Project Description, of this Initial Study, there are no trees or other landscaping on the project site, and the proposed project would include the planting of approximately 15 trees and 16,602 square feet of pervious landscaped surfaces. The new landscaping reduces storm water run-off, increases carbon dioxide plantings, and reduces the heat sink profile of the site. The proposed project would not conflict with implementation of this measure.

Source: City of Cupertino, PlaceWorks, 2020.

Development in Cupertino, including the proposed project, is required to adhere to City-adopted policy provisions, including those contained in the adopted CAP. The City ensures that the provisions of the Cupertino CAP are incorporated into projects and permits as part of development review and through conditions of approval. In general, the proposed project represents a benefit to GHG emissions compared to existing conditions because the mixed-use and infill development would locate housing and residential serving land uses in an existing neighborhood and would replace the older structures with newer, more energy efficient structures that achieve the 2019 Building and Energy Efficiency Standards and water efficiency standards and would decrease GHG emissions by 26.5 percent. Therefore, the impact would be less than significant.

VIII. HAZARDS AND HAZARDOUS MATERIALS
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Create a significant hazard to the public or 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 involving the release of hazardous materials into the
environment?
   
c) Emit hazardous emissions or handle hazardous materials, 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 material sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment?
   
e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard for people living or working in the project area?
   
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Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?     g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?    

GENERAL PLAN EIR
Chapter 4.7, Hazards and Hazardous Materials, of the General Plan EIR, addressed the hazards- and hazardous materials-related impacts associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Impacts were found to be less than significant with mitigation measures to reduce impacts from development on sites with known hazardous contamination. General Plan EIR Mitigation Measures HAZ-4a and HAZ-4b, previously adopted and incorporated into the General Plan, are required to be implemented for sites with known contamination and potential residual contamination. As discussed in Chapter 4.7, the project site is not listed as a site with known contamination or potential residual contamination; therefore, the identified mitigation measures in the General Plan EIR do not apply to the proposed project.

The following is a summary of Section, 4.7.1.2, Existing Conditions, of Chapter 4.7, and project specific information from the Phase I Environmental Site Assessment (ESA) dated January 12, 2019, prepared for the project site by Applied Water Resources Corporation and reviewed by PlaceWorks and the City.

EXISTING CONDITIONS
Phase I ESA
The purpose of the Phase I ESA was to identify any recognized environmental conditions (RECs) associated with the presence of hazardous substances or petroleum products in the vicinity of the project site. The Phase I ESA included a review of federal, State, tribal, and local databases, site reconnaissance, and a review of historical sources. The assessment revealed no indications of RECs on the project site.104 The site was used for orchards and associated buildings in 1939. The orchards were removed in 1948.

According to the Department of Toxic Substance Control (DTSC), when orchards have been removed or became inactive prior to 1950, organic pesticides are not an issue warranting further testing.105 Following the removal of the orchards, the project site was developed with the existing smaller mixed-use building 104 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, page 14. 105 California Department of Toxic Substances Control California Environmental Protection Agency, Interim Guidance for Sampling Agricultural Properties, page 3, August 7, 2008. 200
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located on the site, currently used as the Cupertino Bike Shop. The larger building on the site, currently used for a variety of commercial uses, was constructed by 1963.106 The Cupertino Bike Shop located on the site is known to use approximately 75 to 100 gallons of aqueous parts cleaner per year, which is considered hazardous waste. However, the Phase I ESA describes the materials as being used appropriately and no indications of spills, releases, or violations were noted in the Phase I ESA.107
The search of the DTSC’s EnviroStor Database and the GeoTracker database search did not reveal any hazardous materials or leaking underground storage tanks also referred to as “LUST” sites on the project site.108,109 According to GeoTracker, there is a completed/closed soil contamination site approximately 500 feet to the northeast of the project site at a residential property. There is also one completed/closed voluntary cleanup site 0.5 miles to the northeast of the project site at the Blackberry Farm Play Area.110 Lead-Based Paints and Asbestos-Containing Materials
Based on the age of the buildings, there is a potential for asbestos-containing materials (ACM) and leadbased paint (LBP), which were not regulated in construction until the early 1970’s. Neither ACM or LBP are known to have been used during construction of the existing structures.111 ACMs and LBPs do not qualify as RECs regulated by the DTSC.112
Sensitive Receptors
Public schools near the project site are Monta Vista High School and John F. Kennedy Middle School and Abraham Lincoln Elementary School, each approximately 1 mile to the east of the site. Private schools near the project site include Saint Joseph of Cupertino School approximately 2 miles to the east, Futures Academy of Cupertino approximately 3 miles to the east, Bethel Lutheran School approximately 4 miles to the east, and Waldorf School of the Peninsula approximately 4 miles to the northwest. Other sensitive land uses near the project site include the Cupertino Healthcare and Wellness nursing home approximately 0.25 miles to the north, Namo Day Care approximately 0.30 miles to the north, Sunny View 106 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, pages 8 and 9, January 12. 107 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, page 7. 108 Department of Toxic Substances Control. 2019. EnviroStor. Accessed May 28, 2019 at https://www.envirostor.dtsc.ca.gov/public/. 109 State Water Resources Control Board. 2015. GeoTracker. Accessed May 28, 2019 at https://geotracker.waterboards.ca.gov/ 110 Department of Toxic Substances Control. 2019. EnviroStor. Accessed May 28, 2019 at https://www.envirostor.dtsc.ca.gov/public/. 111 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, page 14. 112 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California.
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Bay Area Retirement Community approximately 0.75 miles to the north, and Cupertino Senior Center approximately 1.5 miles to the northeast.

Airports
The nearest public airports are San José International Airport, approximately 8.5 miles to the northeast, and Palo Alto Airport, approximately 10 miles to the north. The nearest heliports are McCandless Towers Heliport, approximately 7 miles to the northeast, and County Medical Center Heliport, approximately 7.5 miles to the east. The nearest private (military/corporate) airport is Moffett Federal Airfield, approximately 7 miles to the north. The project site is not within the boundaries of an airport land use plan.

Wildfire
The California Department of Forestry and Fire Protection (CAL FIRE) has designated the project site as a Local Responsibility Area (LRA) and a non-very high fire hazard severity zone. The project site is near lands that CAL FIRE designates as State Responsibility Area (SRA), which are areas of the state where the State of California is financially responsible for the prevention and suppression of wildfires. SRA’s do not include lands within city boundaries or in federal ownership. The SRA is approximately 0.5 miles to the west of the project site.113 The project site is located within the wildland-urban interface, which is an area of transition between wildland (unoccupied land) and land with human development (occupied land).114

DISCUSSION
a) Would the project create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?
Construction Impacts
Construction activities at the project site would involve the use of larger amounts of hazardous materials than would operation of the proposed project, such as petroleum-based fuels for maintenance and construction equipment, and coatings used in construction, which would be transported to the site periodically by vehicle and would be present temporarily during construction. These potentially hazardous materials would not be of a type or occur in sufficient quantities to pose a significant hazard to public health and safety or the environment, and their use during construction would be short-term. As with proposed project operation, the use, transport, and disposal of construction-related hazardous materials would be required to conform to existing laws and regulations. Compliance with applicable laws and regulations governing the use, storage, and transportation of hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner, and would minimize the potential for safety impacts to occur. Consequently, associated impacts from construction of the proposed project would be less than significant.
113 CAL FIRE. 2008. Cupertino, Very High Fire Hazard Severity Zones in LRA. http://www.fire.ca.gov/fire_prevention/fhsz_maps/FHSZ/santa_clara/Cupertino.pdf 114 CAL FIRE. 2018. Wildland-Urban Interface Fire Threat. http://www.arcgis.com/home/item.html?id=d45bf08448354073a26675776f2d09cb, accessed May 7, 2019. 202
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Operational Impacts
The proposed mixed-use development would not involve the routine transport or disposal of hazardous materials. Project operation would involve the use of small amounts of hazardous materials for cleaning and maintenance purposes, such as cleansers, degreasers, pesticides, and fertilizers. These potentially hazardous materials would not be of a type or be present in sufficient quantities to pose a significant hazard to public health and safety or the environment. Furthermore, such substances would be used, transported, stored, and disposed of in accordance with applicable federal, State, and local laws, policies, and regulations. Any businesses that transport, generate, use, and/or dispose of hazardous materials in Cupertino are subject to existing hazardous materials regulations, such as those implemented by Santa Clara County Department of Environmental Health Hazardous Materials Compliance Division, and hazardous materials permits from the Santa Clara Fire Department (SCCFD). The SCCFD also conducts inspections for fire safety and hazardous materials management of businesses and multi-family dwellings, in accordance with the City of Cupertino Hazardous Materials Storage Ordinance in Title 9, Health and Sanitation, Chapter 9.12, Hazardous Materials Storage. Thus, associated impacts from the operational phase of the project would be less than significant.
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
As described under criterion (a), above, construction and operation of the proposed project would involve the storage and use of common cleaning substances, building maintenance products, paints, and solvents, as well as petroleum-based fuels for maintenance and construction equipment, and coatings used in construction. As described in the existing conditions, the existing buildings were developed in 1948 and 1963, and the Phase I ESA identified that, although all suspect ACMs and LBP are in good condition and do not currently pose a health or safety concern, the demolition of the buildings could release these hazardous materials. An impact could occur if construction and operation of the proposed project creates conditions where these hazardous materials could easily contaminate surrounding soil, water, or air. The most likely scenarios would be from rainwater runoff spreading contaminated waste. Stormwater runoff is discussed in Section IX, Hydrology and Water Quality, of this Initial Study and impacts were found to be less than significant.

Construction Impacts
Similar to the operation of the proposed project, the types of construction materials and equipment would be considered standard for this type of development. All spills or leakage of petroleum products during construction activities are required to be immediately contained, the hazardous material identified, and the material remediated in compliance with applicable State and local regulations. All contaminated waste would be required to be collected and disposed of at an appropriately licensed disposal or treatment facility. Furthermore, strict adherence to all emergency response plan requirements set forth by the Santa Clara County Department of Environmental Health Hazardous Materials Compliance Division 203
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would be required through the duration of the construction of each individual development project.115 Therefore, substantial hazards to the public or the environment arising from the routine use of hazardous materials during project construction would not occur.

While the Phase I ESA identifies the potential for ACMs and LBPs on the project site, removal of these types of hazardous materials would require licensed contractors to remove and handle these materials in accordance with existing federal, State, and local regulations. These regulations include the USEPA’s National Emission Standards for Hazardous Air Pollutants (Code of Federal Regulation Part 61), Bay Area Air Quality Management District’s Regulation 11, Title 8 of the California Codes of Regulations, the Unified Program, and the City’s General Plan Health and Safety Element Policy HS-6.1, which would insure that risks associated with the transport, storage, use, and disposal of such materials would be reduced to the maximum extent practical. Consequently, associated impacts from demolition phase of the project would be less than significant and no mitigation measures are required.

Operational Impacts
The proposed mixed-use development is not considered the type of project that would create a hazardous materials threat to the users of the site or the surrounding land uses. The Santa Clara County Hazardous Materials Compliance Division (HMCD) is the Certified Unified Program Agency (CUPA) for Santa Clara County including the City of Cupertino and is responsible for enforcing Chapter 6.95 of the California Health and Safety Code. As the CUPA, Santa Clara County HMCD is required to regulate hazardous materials business plans (HMBP) and chemical inventory, hazardous waste and tiered permitting, underground storage tanks, and risk-management plans. The HMBP is required to contain basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of on development sites. The HMBP also contains an emergency-response plan, which describes the procedures for mitigating a hazardous release, procedures and equipment for minimizing the potential damage of a hazardous materials release, and provisions for immediate notification of the California Emergency Management Agency and other emergency-response personnel, such as the SCCFD.

Implementation of the emergency response plan facilitates rapid response in the event of an accidental spill or release, thereby reducing potential adverse impacts. Furthermore, Santa Clara County Department of Environmental Health, Hazardous Materials Compliance Division is required to conduct ongoing routine inspections to ensure compliance with existing laws and regulations; to identify safety hazards that could cause or contribute to an accidental spill or release; and to suggest preventative measures to minimize the risk of a spill or release of hazardous substances. Compliance with these regulations would ensure that the risk of accidents and spills is minimized to the maximum extent practicable during the operation of the proposed project. Consequently, associated impacts would be less than significant. 115 Santa Clara County Ordinance Code, Division B11, Chapter XIII (Hazardous Materials Storage Ordinance), Chapter XIV (Toxic Gas Ordinance).
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c) Would the project emit hazardous emissions or handle hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? There are no schools within 0.25 miles of the project site, but the Cupertino Healthcare and Wellness nursing home is approximately 0.25 miles to the north. As discussed in criterion (a) and (b), the proposed project would not involve the storage, handling, or disposal of hazardous materials in sufficient quantities to pose a significant risk to the public. Thus, no impact related to hazardous emissions or hazardous material handling to schools or other sensitive receptors that are within 0.25 miles of the project site would occur and no mitigation measures are required.

Also see Section II, Air Quality, criterion (c), which concludes that the potential for impacts to sensitive receptors due to the release of hazardous materials during construction would be less than significant with mitigation.
d) Would the project be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment?
As stated in the existing conditions above, the project site was not identified as being on a listed site pursuant to California Government Code Section 65952.5. The Phase I ESA revealed no indications of RECs on the project site and concluded that hazardous materials used by the existing bike shop are being used appropriately, with no indications of spills, releases, or violations.116 Accordingly, impacts would be less than significant.
e) For a project within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area?
The project site is not within an airport land use plan or within 2 miles of a public use airport. Thus, there would be no impact related to public airport hazards.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The City of Cupertino Office of Emergency Services is responsible for coordinating agency response to disasters or other large-scale emergencies in the City of Cupertino with assistance from the Santa Clara County Office of Emergency Services and the SCCFD. The Cupertino Emergency Operations Plan (EOP)117 establishes policy direction for emergency planning, mitigation, response, and recovery activities within the city. The Cupertino EOP addresses interagency coordination, procedures to maintain communications with county and State emergency response teams, and methods to assess the extent of damage and management of volunteers.
116 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill Boulevard, Cupertino, California, page 14. 117 City of Cupertino, Office of Emergency Services. Emergency Operations Plan. September 2005. 205
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The proposed project would not block roads and would not impede emergency access to surrounding properties or neighborhoods. As described in Chapter 3, Project Description, of this Initial Study, emergency vehicle access would be provided at two points on the project site, with ingress and egress located at the intersections of Stevens Canyon Road and McClellan Road and Stevens Canyon Road and St.

Andrews Avenue, as shown in Figure 3-12. The emergency circulation plan includes a fire truck circulation route in addition to designated fireman access routes to reach the rear of the structures.

During demolition and construction, vehicles, equipment, and materials would be staged and stored on a portion of the project site. The construction site and staging areas would be clearly marked, and construction fencing would be installed to prevent disturbance and safety hazards. No staging would occur in the public right-of-way. A combination of on- and off-site parking facilities for construction workers would be identified during demolition, grading, and construction. The proposed project would not interfere with an adopted emergency response plan, or emergency evacuation plan; therefore, impacts would be less than significant.
g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
The project site is fully developed and is surrounded by built-out urban uses. The project site is located approximately 0.25 miles from the Urban Wildland Interface area designated in the City’s adopted Urban Wildland Interface Fire Area map.
118 The very high fire hazard severity zone located within the LRA is located in the central southern portion of the Cupertino, which is approximately 1.75 miles southeast of the project site. Because the project is located outside of a designated fire hazard area, the proposed project would not subject people or structures to wildfire hazards and impacts would be less than significant.

IX. HYDROLOGY AND WATER QUALITY
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
   
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the
basin?
   
118 City of Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.74. Wildland Urban Interface Fire Area. 206
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Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off-site; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor off-site; iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff; or
iv) Impede or redirect flood flows?
   
d) In a flood hazard, tsunami, or seiche zones, risk the release of pollutants due to project inundation?    
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?    

GENERAL PLAN EIR
Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR, addressed the hydrology- and water quality-related impacts associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Impacts were found to be less than significant, and no mitigation measures were required. The following is a summary of Section, 4.8.1.2, Existing Conditions, of Chapter 4.8.

EXISTING CONDITIONS
The project site lies within the Stevens Creek Watershed,119 approximately 0.25 miles west of Stevens Creek, and approximately 1 mile north of Stevens Creek Reservoir. No creeks or natural drainage features are present on the project site. In addition to the natural drainage system within the watershed, a network of storm drains collects runoff from city streets and conveys it to four creeks, including Stevens Creek with ultimate discharge into San Francisco Bay.

The City of Cupertino Department of Public Works is responsible for the design, construction, and maintenance of City-owned facilities including public streets, sidewalks, curbs, gutters, and storm drains.

The capacity of the storm drain facilities within the City of Cupertino was evaluated and documented in the 2018 Storm Drain Master Plan, which identifies areas within the system that do not have the capacity to handle runoff during a 10-year storm event, which is the City’s design standard. 119 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse Number 2014032007. December 4, 2014, Chapter 4.8, Hydrology and Water Quality, Figure 4.8-1, Watersheds. 207
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As described in the 2018 Storm Drain Master Plan, the project site is in an area where some of the storm drains are deficient in conveying water from a 10-year storm. The project site would discharge stormwater to the City’s storm drain system at two locations. Stormwater from the south portion of the site would discharge to the 18-inch storm drain that runs beneath St. Andrews Avenue, which currently does not have any capacity issues. However, the northern portion of the site would discharge to the City’s existing 18-inch storm drain near the intersection of South Foothill Boulevard and McClellan Road. The storm drain beneath Stevens Canyon Road/South Foothill Boulevard that continues to Stevens Creek Boulevard is currently under capacity and is designated as high priority for replacement.120 The City’s proposed storm drain improvement to reduce flooding impacts would be to increase the storm drainpipe diameter to increase its carrying capacity.

The project site, as well as the entire city, is within the Santa Clara Subbasin of the Santa Clara Valley Groundwater Basin. In 2017, approximately 42 percent of the water used in Santa Clara County was pumped from groundwater.121 The depth of groundwater is estimated to be about 25 to 30 feet below ground surface or deeper.122 Therefore, construction dewatering will not be required. Most of the water supplied to the County is purchased from the Santa Clara Valley Water District (SCVWD), which receives surface water from the State Water Project (SWP) and the Central Valley Project. Additional details on water usage and local water purveyors are provided in Section XVII, Utilities and Service Systems, of this Initial Study.

The National Pollutant Discharge Elimination System (NPDES) permit program was established by the federal Clean Water Act (CWA) to regulate municipal and industrial discharges to surface waters of the United States from their municipal separate storm sewer systems (MS4s). Municipal storm water discharges in the City of Cupertino are subject to the Waste Discharge Requirements of the Municipal Regional Permit (MRP; Order Number R2-2015-0049, as amended by Order No. R2-2019-0004) and NPDES Permit Number CAS612008.

Construction activities that disturb one or more acres of land that could impact hydrologic resources must comply with the requirements of the State Water Resources Control Board (SWRCB) Construction General Permit (2009-0009-DWQ) as amended by 2010-0014-DWQ and 2012-0006-DWQ. Under the terms of the permit, applicants must file Permit Registration Documents (PRDs) with the SWRCB prior to the start of construction. The PRDs include a Notice of Intent, risk assessment, site map, Stormwater Pollution Prevention Plan (SWPPP), annual fee, and a signed certification statement. The PRDs are submitted electronically to the SWRCB via the Stormwater Multiple Application and Report Tracking System (SMARTS) website.

All new development or redevelopment projects that create and/or replace 10,000 square feet or more of impervious surfaces would be required to incorporate source control, site design, and stormwater treatment measures into the project, pursuant to the Santa Clara Valley Urban Runoff Pollution Prevention 120 Schaaf & Wheeler Consulting Civil Engineers. 2018. Cupertino Storm Drain Master Plan. 121 Santa Clara Valley Water District, 2017. Annual Groundwater Report for Calendar Year 2017, page ES-1. 122 Applied Water Resources, 2018. Phase I Environmental Site Assessment, 10625-10637 South Foothill/Stevens Canyon Road, Cupertino, CA.
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Program C.3 requirements. The requirements include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows, and agreements to ensure that the stormwater treatment and flow control facilities are maintained in perpetuity.

The San Francisco Bay RWQCB monitors surface water quality through implementation of the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) and designates beneficial uses for surface water bodies and groundwater within the Santa Clara Valley. The Basin Plan also contains water quality criteria for groundwater. Groundwater quality in the Santa Clara subbasin is generally considered to be good, and water quality objectives are met in at least 95 percent of the County water supply wells without the use of treatment methods.123
The project site is not located in a FEMA-designated 100-year floodplain or Special Flood Hazard Area. The project site is not within a dam inundation zone of Stevens Creek Reservoir or any other dams. 124 The City
of Cupertino is more than 8 miles south of the San Francisco Bay and is more than 100 feet above mean sea level, which places the City at a distance beyond the impacts of a tsunami.125 There are no large bodies of water within the City of Cupertino or near the project site; thus, the project site would not be impacted by a seiche.

DISCUSSION
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Because the project would disturb one or more acres during construction, the project applicant would be required to comply with State’s Construction General Permit and submit PRDs to the SWRCB prior to the start of construction. The PRDs include a Notice of Intent and a site-specific construction SWPPP that describes the incorporation of best management practices to control sedimentation, erosion, and hazardous materials contamination of runoff during construction. In addition, the City of Cupertino requires preparation of an erosion and sediment control plan and submittal with the site map/grading plan, pursuant to CMC Section 16.08.110, Interim Erosion and Sediment Control Plan. With implementation of these best management practices, water quality impacts during construction would be less than significant.

The proposed project would create and/or replace 10,000 square feet or more of impervious surfaces, and therefore would be required to incorporate source control, site design, and stormwater treatment measures into the project, pursuant to the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements. A Stormwater Management Plan must also be prepared and submitted to the City for 123 Santa Clara Valley Water District, 2016. Santa Clara Valley Water District, 2016. 2016 Groundwater Management Plan. 124 Santa Clara County Fire Department. 2012. Joint Stevens Creek Dam Failure Plan. https://www.cupertino.org/home/showdocument?id=7424 accessed on September 26, 2019. 125 Association of Bay Area Governments, 2019. Interactive Tsunami Inundation Map. http://gis.abag.ca.gov/website/Hazards/?hlyr=tsunami , accessed September 26, 2019. 209
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approval prior to the start of construction. The plan will detail how runoff and associated water quality impacts resulting from the proposed project will be controlled and managed.

The low impact development (LID) requirements include the preservation of open space and reduction of impervious surfaces, measures to detain or infiltrate runoff from peak flows during the 0.2 inches per hour storm event, and agreements to ensure that the stormwater treatment and flow control facilities are maintained in perpetuity. The proposed project would include 16,602 square feet of pervious area in the form of landscaping and two bioretention areas totaling 1,540 square feet. Bioretention areas percolate stormwater through the bioretention soil media, which acts as a filter removing pollutants such as suspended solids, metals, and nutrients and eventually discharging the runoff to the City’s storm drain system. Implementation of these measures and compliance with the C.3 requirements of the MRP would ensure that post-development impacts to water quality would be less than significant.

The project must also comply with CMC Chapter 9.18, Storm Water Pollution Prevention and Watershed Protection, which is intended to provide regulations and give legal effect to certain requirements of the MRP permit issued to the City. CMC Chapter 9.18 also ensures ongoing compliance with the most recent version of the MRP regarding municipal storm water and urban runoff requirements and applies to all water entering the storm drain system generated on any private, public, developed, and undeveloped lands within the city. The CMC contains permit requirements for construction projects and new development or redevelopment projects to minimize the discharge of storm water runoff.

The City of Cupertino also requires submittal and approval of a Stormwater Management Plan (SMP) prior to the start of construction (CMC Section 9.18.120, Stormwater Management Plan Required for Regulated Projects). The SMP must include the C.3 impervious surface form, LID feasibility worksheets, site design measures to limit impervious surfaces, numeric sizing criteria for stormwater treatment facilities, source control measures to limit the discharge of pollutants to the storm drain system, and an operation and maintenance (O&M) plan, including certification that the treatment measures will be maintained for perpetuity.

The project applicant must also install full trash capture devices to collect litter and debris from the project site, prior to connecting to the City’s storm drain system, as pursuant to CMC Section 9.18.115, Trash Load Reductions to Storm Drain Collection System. and the provisions of the MRP. A list of approved devices is available from the Public Works Department. The trash capture devices must be located onsite and situated so that trash carried by stormwater from the site is collected onsite does not flow directly into the City’s storm drain system. The trash capture devices must be properly designed and sized to ensure that the devices do not cause an obstruction to onsite stormwater flow. The trash capture devices must also be maintained, following manufacturer’s recommendations, for the life of the project.

Implementation of these measures will improve the water quality of stormwater entering the City’s storm drain system.

Adherence to applicable water quality regulations, preparation of a SWPPP, implementation of best management practices during construction, and compliance with the CMC would ensure that water quality standards are not violated during construction. Implementation of stormwater site design, source control, and stormwater treatment measures, compliance with C.3 provisions of the MRP and the City of 210
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Cupertino’s stormwater requirements, and preparation of a SMP that describes the installation and operation and maintenance requirements for the bioretention areas would result in less-than-significant impacts during operation of the project. Consequently, potential impacts associated with water quality during construction and operation would be less than significant. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The project would be connected to municipal water supplies and does not propose any groundwater wells on the property. Water is supplied to the site by the San José Water (SJW), which obtains its water from groundwater production (40 percent), purchases of surface water from the SCVWD (50 percent), and local mountain surface water (10 percent).126 The 2015 Urban Water Management Plan (UWMP) for the SCVWD, which includes the area for the project site, states that there is sufficient water for SCVWD customers for normal, single-dry, and multiple-dry years until 2025. The SCVWD identifies actions within the water shortage contingency plan in its UWMP that would ensure water demand is met through 2040.127 Therefore, the proposed project would not result in a depletion of groundwater supplies or result in a lowering of groundwater levels. Water supply is discussed in Section XVII, Utilities and Service Systems.

Groundwater beneath the site is more than 20 feet below ground surface (bgs). Therefore, no construction dewatering will be required. As a result, the development of the proposed project would not interfere with groundwater recharge that takes place in the McClellan Ponds recharge facility located within the City of Cupertino or the creeks and streams that run through the city. Therefore, the project would have a less-than-significant impact with respect to groundwater recharge.

The proposed project would be located on a site that is already developed and currently has about 47,975 square feet of existing impervious surfaces. The proposed project would result in a decrease of 4,556 square feet of impervious surfaces. In addition, the project would install two bioretention facilities, as discussed in criterion a), and landscaped areas would be installed along the perimeter and throughout the site, which would contribute to groundwater recharge by infiltration. As a result, the project would result in a decrease in the amount of runoff from the property. Therefore, the project would have a less than significant impact on groundwater supplies and groundwater recharge, and no mitigation measures are needed.
c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: result in substantial erosion, siltation, or flooding on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding 126 San José Water Company, For Your Information, Education and Safety, Water Supply, https://www.sjwater.com/for_your_information/education_safety/water_supply, accessed on September 26, 2019. 127 Santa Clara Valley Water District, 2015 Urban Water Management Plan, https://www.valleywater.org/sites/default/files/SCVWD%202015%20UWMP-Report%20Only.pdf, accessed on September 26, 2019.
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on- or off-site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows?
The proposed project would take place within the boundaries of a fully developed site that is currently connected to the City’s storm drain system. The proposed redevelopment does not involve the alteration of any natural drainage channels or any watercourse.

As described in the 2018 Storm Drain Master Plan, the project site is within an area where some of the storm drains are deficient in conveying water from a 10-year storm. The southern portion of the site would discharge to the City’s existing 18-inch storm drain that is located beneath St. Andrews Place. This storm drain currently does not have any capacity issues. However, the northern portion of the site would discharge to the City’s existing 18-inch storm drain near the intersection of South Foothill Boulevard and McClellan Road. The storm drain at this location that continues north to Stevens Creek Boulevard is currently under capacity, and is designated as high priority for replacement; 128 however, the proposed
project would not exacerbate this existing condition. The proposed project would provide two bioretention facilities on the project site. These would collect runoff from roof areas, parking lots, sidewalks and streets for treatment and flow control prior to discharge into the on-site storm drain system, which connects to the City’s storm drain system beneath Stevens Canyon Road/South Foothill Boulevard and St. Andrews Avenue. The City has determined that the on-site stormwater treatment areas would meet the C.3 requirements of the MRP. In addition, the proposed project would result in a decrease in impervious surface area, resulting in a decrease in stormwater runoff to the municipal storm drain system as compared to existing conditions.

During construction, the project applicant would be subject to the NPDES construction permit requirements, including preparation of a SWPPP. The SWPPP includes erosion and sediment control measures to stabilize the site, protect slopes and channels, control the perimeter of the site, minimize the area and duration of exposed soils, and protect receiving waters adjacent to the site. Erosion and siltation impacts are minimized through compliance with these requirements and submittal of an erosion and sediment control plan to the City prior to the start of construction.

Once constructed, the requirements for new development or redevelopment projects include source control measures and site design measures that address stormwater runoff and would reduce the potential for erosion or siltation. In addition, Provision C.3 of the MRP would require the project to implement on-site stormwater treatment measures to contain site runoff, using specific numeric sizing criteria based on volume and flow rate. The bioretention areas will filter out sediment from the stormwater runoff.

The project would also be required to install stormwater trash capture devices that meet the requirements of the MRP. The trash capture devices must be located onsite and situated to ensure that trash carried by stormwater is collected onsite and does not flow directly into the City’s storm drain system. With implementation of these erosion and sediment control measures and regulatory provisions 128 Schaaf & Wheeler Consulting Civil Engineers. 2018. Cupertino Storm Drain Master Plan. 212
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to limit runoff for new development sites, the proposed project would not result in significant increases in erosion and sedimentation and these impacts would be less than significant.

In addition, the proposed development would result in a decrease in impervious surfaces as compared to existing conditions and would include on-site stormwater bioretention areas to temporarily retain peak flows prior to discharge to the City’s storm drain system. To ensure that runoff from the site would not exceed the capacity of the City’s storm drain system, the project applicant will prepare a hydrology and hydraulics report for review and approval by the Director of Public Works prior to the start of construction. The hydrology study shall include pre- and post-development flow rates and the ability of the bioretention areas to reduce the amount of runoff from the site and improve water quality. Also, the trash capture devices would be designed and sized to ensure that if the devices cause an obstruction to onsite stormwater flow, onsite flooding will not occur.

With compliance with these regulatory requirements, preparation of a hydrology/hydraulics study, and installation of on-site stormwater treatment systems to mitigate peak flows, the proposed project would not contribute to flooding on-site or off-site and impacts would be less than significant. d) In flood hazard, tsunami, or seiche zones, would the project risk the release of pollutants due to project inundation?
The project site is not located near the San Francisco Bay or the Pacific Ocean and is not within a mapped tsunami inundation zone.129 There are no large bodies of water in the vicinity of the project site; therefore, there would be no potential for seiches to impact the project site. The project site is also outside of the Stevens Creek Reservoir dam inundation zone.130 In addition, the site is in a relatively flat area of the city and is outside of the ABAG mapped zones for earthquake-induced landslides or debris flow source areas.131 Therefore, no impact would occur with respect to the release of pollutants from these types of natural hazard events.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The San Francisco Bay RWQCB monitors surface water quality through implementation of the Water Quality Control Plan for the San Francisco Bay Basin, also referred to as the “Basin Plan,” and designates beneficial uses for surface water bodies and groundwater within the Santa Clara Valley. The Basin Plan also contains water quality criteria for groundwater.

As required by storm water management guidelines discussed under criterion (a), best management practices and LID measures would be implemented across the project site during both construction and 129 Association of Bay Area Governments, 2019. Interactive Tsunami Inundation Map. http://gis.abag.ca.gov/website/Hazards/?hlyr=tsunami accessed on September 26, 2019. 130 Santa Clara County Fire Department. 2012. Joint Stevens Creek Dam Failure Plan. https://www.cupertino.org/home/showdocument?id=7424 accessed on September 26, 2019. 131 Association of Bay Area Governments, 2019. Rainfall-Induced Landslides, Debris Flow Source Areas and Earthquake Induced Landslides. Accessed at http://resilience.abag.ca.gov/landslides/ on September 26, 2019. 213
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operation of the proposed project. These measures would control and prevent the release of sediment, debris, and other pollutants into the storm drain system. Implementation of best management practices during construction would be in accordance with the provisions of the SWPPP and the erosion and sediment control plan, which would minimize the release of sediment, soil, and other pollutants.

Operational best management practices would be required to meet the C.3 provisions of the MRP. These best management practices, along with the proposed LID measures, include the incorporation of site design, source control, and treatment control measures to treat and control runoff before it enters the storm drain system. The proposed treatment measures would include the use of two bioretention areas to treat and detain runoff prior to discharge to the City’s storm drain system.

The project site is within the Santa Clara Valley Groundwater Basin, which is covered under the 2016 Groundwater Management Plan.132 This basin has been characterized by the Department of Water Resources as a medium-priority subbasin and therefore subject to the requirements to develop and implement a Groundwater Sustainability Plan. The Groundwater Management Plan states that the total recharge to the Santa Clara and Llagas subbasins exceeds the total outflow via groundwater pumping and subsurface outflow, with excess groundwater storage of 1,500 acre-feet. This indicates that the subbasins are in long-term balance and meet the criteria for sustainable groundwater conditions. Although SJW does use groundwater as a source of water supply, the Water Supply Evaluation prepared for the General Plan EIR included new development on the project site at a greater number of units than proposed under the project (27 net new units as compared to project’s 18 new units); therefore, water supply impacts were adequately addressed in the General Plan EIR.

As discussed in criterion (b), the depth to groundwater is estimated to be 25 to 30 feet bgs and the proposed project would not require construction dewatering.

With implementation of these best management practices and LID measures in accordance with City and MRP requirements, the proposed project would not conflict with or obstruct the implementation of the Basin Plan of the Groundwater Management Plan, and potential impacts on water quality would be less than significant.

X. LAND USE AND PLANNING
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Physically divide an established community?    
b) Cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
   
132 Santa Clara Valley Water District, 2016 Groundwater Management Plan, Santa Clara and Llagas Subbasins. 214
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GENERAL PLAN EIR
Chapter 4.9, Land Use and Planning, of the General Plan EIR, addressed impacts to land use and planning associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Impacts were determined to be less than significant, and no mitigation measures were required. The following is a summary of Section, 4.9.1.2, Existing Conditions, of Chapter 4.9.

EXISTING CONDITIONS
The General Plan land use designation for the project site is Commercial/Residential and the project site is within the (P(CG)) Zoning District. A complete description of the Commercial/Residential land use designation and (P(CG)) Zoning District is presented in Section 3.1.4, Land Use Designation and Zoning, in Chapter 3 of this Initial Study.

DISCUSSION
a) Would the project physically divide an established community? Because the development of the proposed project would occur on a site that is currently developed, would retain existing roadway patterns, and would not introduce any new major roadways or other physical features through existing residential neighborhoods or other communities that would create new barriers, the project would not physically divide an established community. Therefore, no impact would occur.
b) Would the project cause a significant environmental impact due to a conflict with any applicable land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
The proposed project does not include a request for any modification to the existing General Plan land use designation. However, the project does include a request to modify the existing General Commercial (P(CG)) Zoning District to a General Commercial with Residential (P(CG, Res)) Zoning District to allow residential uses on the project site. This request would make the Zoning District for the project site more consistent with the Commercial/Residential General Plan land use designation, which allows for residential uses. The proposed project (at 11.5 units per acres and with a building height of 30 feet at the highest point) is within the development parameters evaluated in the General Plan EIR (25 dwelling units per acre and a maximum building height of 30 feet tall) and the General Plan EIR found land use impacts to be less than significant. The proposed mixed-use development would be consistent with the types of development envisioned in the Inspiration Heights Neighborhood, Neighborhood Center, and Other NonResidential/Mixed-Use Special Areas identified in the General Plan. Accordingly, the proposed project would also result in less-than-significant impacts with regard to conflicts with land use plans. 215
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XI. NOISE
Would the proposed project result in:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards?
   
b) Generation of excessive groundborne vibration or groundborne noise levels?    
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
   

GENERAL PLAN EIR
Chapter 4.10, Noise, of the General Plan EIR addressed the impacts from noise and vibration associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Noise impacts were found to be significant and unavoidable in the General Plan EIR because the project-specific details for future development were not available. No feasible mitigation measures were identified to reduce noise impacts to a less-thansignificant level and project-specific noise evaluation is required to assess noise impacts from the proposed redevelopment of the site.

This section includes a summary of Section, 4.10.1.3, Existing Conditions, of Chapter 4.10, and analyzes the noise and vibration that would be generated by the construction and operation of the proposed project at a project level.

EXISTING CONDITIONS
Noise is defined as unwanted sound and is known to have several adverse effects on people including hearing loss, speech and sleep interference, physiological responses, and annoyance. Based on these known adverse effects of noise, the federal government, State of California, and City of Cupertino have established criteria to protect public health and safety and to prevent disruption of certain human activities. Noise terminology and fundamentals, pertinent existing local regulations traffic noise level increase calculations, and construction noise and vibration modeling can be found in Appendix C, Noise Data, of this Initial Study.

The project site is a bounded by adjacent single-family homes to the north, west, and south. South Foothill Boulevard and Stevens Canyon Road are located to the east of the project site, beyond which are single-family homes. The nearest sensitive receptors to the project site are the adjacent one-story and 216
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two-story single-family residences approximately 20 to 50 feet from the site property lines to the north, west, and south. The principal noise source affecting the project area is roadway traffic on Stevens Canyon Road and South Foothill Boulevard and surrounding residential roadways.

The nearest public airports are San José International Airport, approximately 8.5 miles to the northeast, and Palo Alto Airport, approximately 10 miles to the north. The nearest heliports are McCandless Towers Heliport, approximately 7 miles to the northeast, and County Medical Center Heliport, approximately 7.5 miles to the east. The nearest private airport is Moffett Federal Airfield, approximately 7 miles to the north. The project site is not located in within an airport land use plan.

The noise environment in the project area is approximately 60 to 70+ dBA Community Noise Equivalent Level (CNEL) based on the noise contour map in the General Plan Health and Safety Element (Attachment D. Community Noise), with ambient noise levels decreasing at further distance from Stevens Canyon Road.

It is important to note that with the Supreme Court decision regarding the assessment of the environment’s impacts on projects (California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), 62 Cal. 4th 369 (No. S 213478) issued December 17, 2015), it is generally no longer the purview of the CEQA process to evaluate the impact of existing environmental conditions on any given project. As a result, while the noise from existing sources is taken into account as part of the baseline, the direct effects of existing outside (exterior) noise from nearby noise sources as it relates to land use compatibility of the project is no longer a required topic for impact evaluation under CEQA. No determination of significance is required or made in this Initial Study.

DISCUSSION
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, State, or federal standards?
A significant stationary-source impact would occur if the activities or equipment at the proposed project site produce noise levels at nearby sensitive receptors in excess of local standards.

With respect to permanent traffic-related increases, noise impacts can be placed into three categories.

The first is “audible” impacts, which refer to increases in noise level that are perceptible to humans.

Audible increases in general community noise levels generally refer to a change of 3 decibels (dBA) or more since this level has been found to be the threshold of perceptibility in exterior environments. The second category, “potentially audible” impacts, refers to a change in noise level between 1 and 3 dBA. The last category includes changes in noise level of less than 1 dBA that are typically “inaudible” to the human ear except under quiet conditions in controlled environments. Only “audible” changes in noise levels at sensitive receptor locations (i.e., 3 dBA or more) are considered potentially significant. Note that a doubling of traffic flows (i.e., 10,000 vehicles per day to 20,000 per day) would be needed to create a 3 dBA increase in traffic-generated noise levels. For the purposes of this analysis, an increase of 3 dBA CNEL is often used as the threshold for a substantial increase. 217
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Project-Related Construction Noise
In terms of the proposed construction activities, the demolition, grading, and site paving activities are expected to generate the highest noise levels, since they involve the largest and most powerful equipment. Construction equipment for the proposed project would include equipment such as concrete saws, dozers, graders, tractors, loaders, backhoes, excavators, generators, forklifts, paving equipment, rollers, and a crane.

Two types of short-term noise impacts could occur during construction: (1) mobile-source noise from the transport of workers, material deliveries, and debris/soil hauling and (2) stationary-source noise from use of construction equipment. Construction activities are anticipated to last approximately 10 months. The following discusses construction noise impacts to the off-site sensitive receptors.

Construction Vehicles
The transport of workers and materials to and from the construction site would incrementally increase noise levels along local roadways. Individual construction vehicle pass-bys may create momentary noise levels of up to approximately 85 dBA (Lmax) at 50 feet from the vehicle, but these occurrences would generally be infrequent and short lived. Therefore, noise impacts from construction-related truck traffic would be less than significant at noise-sensitive receptors along the construction routes and no mitigation measures would be required.

Construction Equipment
According to CMC Section 10.48.053, construction is allowed during “daytime hours” (7:00 a.m. to 8:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. on weekends) and exempt from the City’s daytime and nighttime maximum noise level limits, provided that such construction activities do not exceed 80 dBA at the nearest affected property or individual equipment items do not exceed 87 dBA at 25 feet. Only one of these two criteria must be met. In addition, construction is prohibited on holidays and within 750 feet of residential areas on weekends, holidays, and during the nighttime, unless a special exception has been granted, and during nighttime hours unless it meets the nighttime noise level standards. Even with these restrictions, project construction would temporarily increase ambient noise.

However, noise levels would subside again after construction.

Noise generated by on-site construction equipment is based on the type of equipment used, its location relative to sensitive receptors, and the timing and duration of noise-generating activities. Each stage of construction involves different kinds of equipment and has distinct noise characteristics. Noise levels from construction activities are typically dominated by the loudest several pieces of equipment. The dominant equipment noise source is typically the engine, although work-piece noise (such as dropping of materials) can also be noticeable.

The noise produced at each construction stage is determined by combining the Leq contributions from each piece of equipment used at a given time, while accounting for the on-going time-variations of noise emissions (commonly referred to as the usage factor). Heavy equipment, such as a bulldozer, can have 218
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maximum, short-duration noise levels of up to 85 dBA at 50 feet. However, overall noise emissions vary considerably, depending on what specific activity is being performed at any given moment. Noise attenuation due to distance, the number and type of equipment, and the load and power requirements to accomplish tasks at each construction phase would result in different noise levels from construction activities at a given receptor. Since noise from construction equipment is intermittent and diminishes at a rate of at least 6 dBA per doubling of distance (conservatively ignoring other attenuation effects from air absorption, ground effects, and/or shielding/scattering effects), the average noise levels at noise-sensitive receptors could vary considerably, because mobile construction equipment would move around the site with different loads and power requirements. Noise levels from project-related construction activities were calculated from the simultaneous use of all applicable construction equipment at spatially averaged distances (i.e., from the acoustical center of the general construction site) to the property line of the nearest receptors. Although construction may occur across the entire phase area, the area around the center of construction activities best represents the potential average construction-related noise levels at the various sensitive receptors.

The expected construction equipment mix was estimated and categorized by construction activity using the Federal Highway Administration Roadway Construction Noise Model. The associated, aggregate sound levels, grouped by construction activity, are summarized in Table 4-9.

TABLE 4-9 PROJECT-RELATED CONSTRUCTION NOISE, ENERGY-AVERAGE (LEQ) NOISE LEVELS, DBA Construction
Activity Phase
Noise Level at the Closest Distance from Construction Activities, dBA Leq Residences (west)
90 feet
a

Demolition 81
Site Preparation 80
Utility Trenching 78
Grading (rough and fine) 80
Building Construction 78
Paving 81
Architectural Coating 69
Notes:
a. While the nearest sensitive receptors to the project site include the adjacent one-story and two-story single-family residences approximately 20 to 50 feet from the site property lines to the north, west, and south, this analysis is based on the distance from the acoustical center of the construction site to the nearest property line, which is 90 feet to the west.

Source: PlaceWorks, 2019.

Construction activities would increase noise levels at and near the proposed area of improvements. The highest expected construction-related noise levels, up to approximately 81 dBA Leq, would occur at the residences to the west during demolition and paving phases, which would be greater than the 80 dBA limit in the CMC. Construction noise levels would create a substantial temporary increase in ambient noise levels in the vicinity of the project. This would be considered a potentially significant impact. With implementation of Mitigation Measure NOISE-1, which is not a General Plan EIR mitigation measure, project-related construction noise impacts to the nearby residences would be less than significant. 219
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Impact NOISE-1: The proposed project could result in the generation of a substantial temporary increase in ambient noise levels in the vicinity of the project site during the construction phase that would be in excess of standards established in the City of Cupertino Municipal Code.

Mitigation Measure NOISE-1: The following shall be incorporated in all activity phases and construction plans, as required by the Cupertino Municipal Code (CMC). Construction activities shall take place only during daytime hours of 7:00 a.m. and 8:00 p.m. on weekdays and due to the close proximity of the adjacent residential land use to the west, construction may occur on the weekends, holidays or nighttime only if a special exception has been granted by the City. In addition, the construction crew shall adhere to the following best management practices:
 At least 90 days prior to the start of any construction, demolition, or grading activities, all off-site businesses and residents within 300 feet of the project site will be notified of the planned activities. The notification will include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint.  The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Building Department and Code Enforcement for review and approval prior to issuance of any grading, demolition, and/or building permits. The Construction Noise Plan shall demonstrate compliance with the 80-dBA limit in the CMC. The details of the Construction Noise Control Plan, including those details listed herein, shall be included as part of the permit application drawing set and as part of the construction drawing set, shall be implemented by the on-site Construction Manager, and shall include, but not be limited to, the following available controls to comply with the 80 dBA performance standard:
 At least 10 days prior to the start of construction activities, a sign will be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they will investigate, take appropriate corrective action, and report the action to the City.  During the entire active construction period, equipment and trucks used for project construction will utilize the best available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible.
 Include noise control requirements for equipment and tools, including concrete saws, to the maximum extent feasible. Such requirements could include, but are not limited to, erecting temporary plywood noise barriers between construction areas and nearby sensitive receptors; performing work in a manner that minimizes noise; and undertaking the noisiest activities during times of least disturbance to nearby sensitive receptors.  During the entire active construction period, stationary noise sources will be located as far from sensitive receptors as possible, and they will be muffled and enclosed within temporary sheds, or insulation barriers or other measures will be incorporated to the extent feasible. 220
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 During the entire active construction period, noisy operations will be conducted simultaneously to the degree feasible in order to reduce the time periods of these operations.  Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
 Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes.  During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws.

Project-Related Operational Noise
Stationary-Source Noise
Noise from sources such as people talking and using outdoor common areas, or property maintenance may contribute to the total noise environment within the direct vicinity of the proposed project site.

However, these types of noise are commonly associated with uses that already exist on the project site. As explained above, noise sources associated with landscape maintenance activities is exempted from the provisions of the CMC, provided said activities take place between the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on weekends and holidays. Therefore, impacts from occasional property maintenance activities associated with the proposed project would be less than significant.

The mixed-use building will have the mechanical HVAC equipment on the rooftop enclosed by a parapet.

The exterior mechanical and HVAC equipment associated with the proposed use are expected to be similar to the existing commercial uses. Typical HVAC units range from approximately 75 dBA Leq at a distance of 3 feet. Future rooftop mechanical equipment associated with the mixed-use building would be located at least 90 feet from the nearest residential property lines to the east according to project rooftop plans (see Figure 3-6). In addition, noise from rooftop mechanical equipment associated with the mixeduse building would be attenuated by 5.5-foot parapet walls. At this distance and assuming approximately 5 dBA reduction from the parapet walls, the sound pressure level associated with a common central air conditioning unit would be reduced to approximately 40 dBA or less. Therefore, the noise level associated with future rooftop HVAC at the mixed-use building would be below the CMC Section 10.48.040 standards, which limit nighttime noise to 50 dBA and daytime noise to 60 dBA at nearby residential uses.

Future HVAC for the proposed residential units would be located on the ground in the backyard of each unit. Because mechanical specifications for these proposed units are not yet available, it is conservatively assumed that noise from these units would be up to 75 dBA Leq at a distance of 3 feet and they could be located within approximately 15 feet from the nearest residential property lines to the west. At this distance, the sound pressure level associated with a common HVAC unit would be approximately 60 dBA.

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exceed the CMC Section 10.48.040 standards, which limit nighttime noise to 50 dBA at nearby residential.

Therefore, this impact would be potentially significant. With implementation of Mitigation Measure NOISE-2, which is not a General Plan EIR mitigation measure, project-related operational noise impacts would be less than significant.

Impact NOISE-2: The proposed project could result in the generation of a substantial permanent increase in ambient noise levels in the vicinity of the project during the operation phase that would be in excess of standards established in the local general plan or noise ordinance.

Mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the City’s noise level requirements. Noise reduction measures could include, but are not limited to:
 Selection of equipment that emits low noise levels;
 Installation of noise dampening techniques, such as enclosures and parapet walls, to block the line-of-sight between the noise source and the nearest receptors; or  Locating equipment in less noise-sensitive areas, where feasible.

Mobile-Source Noise
The proposed project is anticipated to result in a net decrease in traffic trips when compared to existing traffic trips associated with the existing commercial building. The trip generation associated with the previous use is estimated to be 454 daily trips. The proposed project is estimated to result in 322 gross daily trips, which is a net decrease of 132 daily trips. Therefore, since the project would result in a net decrease in trips, no increase from traffic noise would occur and impacts would be less than significant. b) Would the project expose people to or generate excessive groundborne vibration or ground borne noise levels?
Operational Vibration
Operation of the proposed project would not generate substantial levels of vibration because there are no known sources of vibrational energy associated with the proposed project, such as industrial machinery or railroad operations. Thus, vibration effects or impacts from operations sources would be less than significant and no mitigation measures would be required.

Construction Vibration
Construction activities generate varying degrees of ground vibration, depending on the construction procedures, construction equipment used, and proximity to vibration-sensitive uses. The generation of 222
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vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight damage at the highest levels. Table 4-10 lists reference vibration levels for different types of commonly used construction equipment.

TABLE 4-10 CONSTRUCTION EQUIPMENT VIBRATION LEVELS
Equipment Approximate PPV Velocity at 25 Feet (in/sec)
Vibratory Roller 0.210
Large Bulldozer 0.089
Loaded Trucks 0.076
Jackhammer 0.035
Small Bulldozer 0.003
Notes: PPV = Peak Particle Velocity in inches per second Source: Federal Transit Administration (FTA), Transit Noise and Vibration Impact Assessment, 2018.

Proposed construction would include demolition and grading, which would include equipment such as loaders and bulldozers. Paving activities may also generate construction vibration and would include equipment such as pavers and rollers. Using the vibration source level of construction equipment provided in Table 4-10 and the construction vibration assessment guidelines published by the Federal Transit Administration’s (FTA), the vibration impacts associated with the proposed project were assessed in terms of potential architectural damage due to vibration.

The City does not have specific, vibration-related standards. Thus, project-related construction vibration was evaluated for its potential to cause minor architectural damage based on FTA’s architectural damage criteria. The term ‘architectural damage’ is defined as minor surface cracks (in plaster, drywall, tile, or stucco) or the sticking of doors and windows. This is below the severity of ‘structural damage’ which entails the compromising of structural soundness or the threatening the basic integrity of the building shell. Building damage is typically not a concern for most projects, with the occasional exception of blasting and pile driving during construction. No blasting, pile driving, or hard rock ripping/crushing activities would be required during project construction. Since vibration-induced architectural damage could result from an instantaneous vibration event, distances are measured from the receptor facade to the nearest location of potential construction activities.

A peak particle velocity (PPV) of 0.2 inches/second (in/sec) is used as the threshold for “non-engineered timber and masonry buildings” (which would apply to the surrounding structures). At a distance of approximately 10 feet from the existing pavement to residential structures to the west, a jackhammer (or similar pavement breaking device) would generate vibration levels of approximately 0.14 in/sec PPV, which would not exceed the threshold of 0.2 in/sec PPV. Proposed driveways would be paved within approximately 35 feet of nearby residential structures to the west. At this distance, a vibratory roller would generate vibration levels of up to 0.13 in/sec PPV. However, if grading equipment such as a large dozer operates within approximately 15 feet of a nearby residential structure, the 0.2 in/sec PPV threshold may be exceeded. This is considered a potentially significant impact. With implementation of Mitigation 223
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Measure NOISE-3, which is not a General Plan EIR mitigation measure, project-related construction vibration impacts to the adjacent residences to the west would be less than significant.

Impact NOISE-3: The proposed project could result in the generation of excessive groundborne vibration in the vicinity of the project during the construction phase that would be in excess of established thresholds.

Mitigation Measure NOISE-3: If paving activity during construction is required within 25 feet of nearby residential structures, the use of a static roller in lieu of a vibratory roller shall be employed. Grading and earthwork activities within 15 feet of adjacent residential structures shall be conducted with offroad equipment that is limited to 100 horsepower or less. This mitigation measure shall be identified on the permit application drawing set and as part of the construction drawing set, and shall be implemented by the on-site Construction Manager.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The proposed project is not located within an airport land use plan or within 2 miles of an airport. The project would not expose people residing or working in the project area to excessive aircraft noise levels.

There would be no impact.

XII. POPULATION AND HOUSING
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Induce substantial unexpected population growth or growth for which inadequate planning has occurred, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other
infrastructure)?
   
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere?
   

GENERAL PLAN EIR
Chapter 4.11, Population and Housing, of the General Plan EIR, addressed the impacts to population growth and displacement associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. Impacts were determined to be less than significant, and no mitigation measures were required. 224
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As discussed in the General Plan EIR, the General Plan would introduce approximately 12,998 new residents133 and 16,855 new jobs134 to Cupertino. These new residents and jobs combined with existing conditions would result in 71,200 residents, 24,040 households, and 33,110 jobs at the 2040 buildout horizon.135 The proposed project is anticipated to be complete in 2022. As discussed in the General Plan EIR, according to the Association of Bay Area Governments (ABAG), Cupertino is projected to have 62,500 residents and 30,110 jobs by 2020 and 66,800 residents and 31,370 jobs by 2030.

EXISTING CONDITIONS
The site is currently developed with primarily commercial uses that are partially vacant and two residential units which are vacant or used as storage for a bike shop currently operating. Applying a generation rate of 1 job to 450 square feet for commercial land uses to the existing 9,000 square feet of commercial building and 1,500 square foot bike shop, the existing businesses are capable of generating up to approximately 23 jobs.

DISCUSSION
a) Would the project induce substantial unexpected population growth or growth for which inadequate planning has occurred, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposed project would construct a 4,536 square-foot commercial building and 18 residential units, which would not result in any additional new population growth or employment growth beyond what was accounted for in the General Plan EIR. Table 4-15 in Section XIX, Mandatory Findings of Significance, shows the relationship of the proposed project to the other reasonably foreseeable projects in Cupertino and shows that the proposed when combined with the other reasonably foreseeable projects in Cupertino would not exceed the maximum buildout potential evaluated in the General Plan EIR.

As described in Chapter 3, Project Description, of this Initial Study, the operation of the project is estimated to generate up to 10 employees on the project site and the future homeowner’s association (HOA), required by the City, could employ landscape and maintenance personnel for the common areas of the development. As described above, the existing commercial buildings are capable of supporting approximately 23 employees. Construction of the proposed project would result in a decrease of 13 supported employees on the project site. The proposed project is not a regionally significant employer and it is anticipated that future employees of the HOA or the commercial uses of the proposed project would come from Cupertino and surrounding Bay Area communities. 133 Population is calculated by 4,421 units times 2.94 persons per household, which is the ABAG 2040 estimated generation rate.
134 Jobs are calculated applying the City’s generation rates as follows; 4,040,231 square feet of office allocation divided by 300 square feet equals 13,467 jobs; 1,343,679 square feet of commercial allocation divided by 450 square feet equals 2,986 jobs; and 1,339 hotel rooms at .3 jobs per room equals 402 jobs for a total of 16,855 jobs. 135 City of Cupertino, 2015. Cupertino General Plan Community Vision 2015-2040, Housing Element, Table HE-2. 225
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The proposed project would directly contribute to housing through the construction of residential units.

Based on a projected average household size of 2.87 persons,136 it is assumed the proposed project would introduce 52 residents137 to the project site, which would increase the number of residents on the site from 3 residents to approximately 52 residents at project buildout in 2022.

The 52 residents and 10 permanent jobs in combination with other future projects would not increase the overall City buildout to the year 2040 projections (see Table 4-15, Reasonably Foreseeable Development Projects in Cupertino, in Section XIX, Mandatory Findings of Significance). Therefore, the proposed project is well within the population projections considered in the General Plan EIR and adopted General Plan Housing Element. The growth occurring as a result of the project would be limited to the project site, and the project does not include infrastructure to allow indirect off-site development.

As discussed in Section X, Land Use and Planning, the project is consistent with the General Plan land use designation for the site (Commercial/Residential), but would require a Zoning Map amendment rezoning the site from P(CG) to P(CG, Res) to make the zoning consistent with the General Plan land use designation. Accordingly, there would be no impacts related to substantial unexpected population growth or growth for which inadequate planning has occurred.
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
As discussed, in in the Existing Conditions above, the project site currently has two residential units onsite; however, neither are used as habitable spaces. One is vacant and one is used for storage for a commercial business on-site. Because residents are not currently living on-site, the demolition of the existing residential structures would not directly displace housing or any residents. The project proposes the construction of 18 residential units on-site, which would not necessitate the construction of housing elsewhere. Therefore, the project would have no impact associated with the displacement of substantial numbers of housing.
136 This analysis is based on the Association of Bay Area Governments (ABAG) 2019 projections of the average household size of 2.87 persons for Cupertino in 2020. This is the standard approach for population and housing analysis in Cupertino. 137 18 new units multiplied by 2.87 persons per unit equals 51.66 new residents. 226
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XIII. PUBLIC SERVICES
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the 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?    
Police protection?    
Schools?    
Libraries?    

GENERAL PLAN EIR
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addressed the impacts to public service providers and public parks associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. The General Plan EIR estimated that 80 new residents138 could occupy the project site by 2040. Impacts were determined to be less than significant, and no mitigation measures were required.

EXISTING CONDITIONS
The public service providers for the project site are as follows:
 The City contracts with the Santa Clara County Fire District (SCCFD) for fire protection, emergency, medical, and hazardous materials services.
 The City contracts with the Santa Clara County Sheriff’s Office (Sheriff’s Office) and West Valley Patrol Division for police protection services.
 The project site is within the Fremont Union High School District (FUHSD) and the project site is in the Monta Vista High School attendance area, which is located approximately 1 mile to the east of the project site.139
138 27 units times 2.94 persons per household for Cupertino in 2040 equals 79.34 persons. Note that the 2.94 persons per household rate for year 2040 was applied in the General Plan EIR. Applying the ABAG rates for population estimates is the standard approach for population and housing analysis in Cupertino. 139 Fremont Union High School District, District Boundary Maps, Monta Vista High School Attendance Boundary, https://www.fuhsd.org/about-us/general-information/district-boundry-maps, accessed November 15, 2018. 227
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 The project site is within the Cupertino Union School District (CUSD) which includes all elementary and middle schools in the city. The project site is in the attendance area of Abraham Lincoln Elementary School, located approximately 1 mile to the east of the project site, and John F. Kennedy Middle School located approximately 1 mile east of the project site. 140
 The Santa Clara County Library District governs and administers seven community libraries, one branch library, two bookmobiles, the Home Service Library, and the online library for all library users. The closest library to the project site is the Cupertino Library located at 10800 Torre Avenue in Cupertino.

A discussion of the existing conditions for each of these service providers is included in Chapter 4.12 of the General Plan EIR.

DISCUSSION
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the 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, police protection, schools, and libraries?
The primary purpose of the public services impact analysis is to examine the impacts associated with physical improvements to public service facilities required to maintain acceptable service ratios, response times or other performance objectives. Public service facilities need improvements (i.e., construction, renovation or expansion) as demand for services increase. Increased demand is typically driven by increases in population. The proposed project would have a significant environmental impact if it would exceed the ability of public service providers to adequately serve residents, thereby requiring construction of new facilities or modification of existing facilities.

As discussed in Section XII, Population and Housing, above, the proposed project would result in a net increase of 18 dwelling units and approximately 52 residents, which is the approximate number of dwelling units and residents anticipated and discussed in the General Plan EIR. As described in the General Plan EIR, the proposed project would include the payment of residential development impact fees, prior to issuance of construction permits, that provide support to public services to offset the project’s fair share of impacts to public service providers. The proposed project also would include 4,536 square feet of neighborhood- serving commercial space that would result in a net decrease of 13 jobs on the project site, which is within the number of jobs anticipated and discussed in the General Plan EIR.

Because impacts to public service providers were determined to be less than significant in the General Plan EIR and the proposed project would result in a similar number of residents, employees, and residential density considered in the General Plan EIR, impacts to public service providers as a result of the proposed project would also be less than significant and no mitigation measures would be required. 140 Cupertino Union School District, https://www.cusdk8.org/domain/96, accessed November 15, 2018. 228
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XIV. PARKS AND RECREATION
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated?    
b) Result in substantial adverse physical impacts associated with the provision of new or physically altered park and recreational facilities, or result in the need for new or physically altered park and recreational facilities, the construction of which could cause significant environmental impacts?
   

GENERAL PLAN EIR
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addressed the impacts to public service providers and public parks associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and 80 new residents141 on the site at a program level. Impacts were determined to be less than significant, and no mitigation measures were required.

EXISTING CONDITIONS
The City of Cupertino Recreation and Community Services and the Public Works Grounds Division and Facilities and Fleet Division are responsible for the operation and maintenance of the City’s recreational facilities within the city boundary. The City of Cupertino owns or manages 224 acres of parks, trails, creek corridors, sports fields and recreation facilities at 32 sites. 142 The City of Cupertino has an adopted
parkland dedication standard of three acres of parkland for every 1,000 residents. According to the October 2019 City of Cupertino Parks and Recreation System Master Plan, there is approximately 3.7 acres of parkland per 1,000 residents.143
The parks nearest to the project site are Monta Vista Park, located approximately 0.3 miles to the northwest; McClellan Ranch Preserve, located approximately 0.3 miles to the northeast; and Linda Vista Park, located approximately 0.3 miles to the southeast. 141 27 units times 2.94 persons per household for Cupertino in 2040 equals 79.34 persons. Note that the 2.94 persons per household rate for year 2040 was applied in the General Plan EIR. Applying the ABAG rates for population estimates is the standard approach for population and housing analysis in Cupertino. 142 City of Cupertino Parks and Recreation System Master Plan, October 2019 (adopted by the City Council on February 18, 2020), page 4. 143 City of Cupertino Parks and Recreation System Master Plan, October 2019 (adopted by the City Council on February 18, 2020), page 51.
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Regional park facilities operated by the Midpeninsula Regional Open Space District (MROSD) and the Santa Clara County Parks could be used by residents of the project site. The closest Midpeninsula Regional Open Space District parks to Cupertino are the Fremont Older, Picchetti Ranch, and Rancho San Antonia, which are located just west of the city boundaries. Santa Clara County Park facilities that serve Cupertino include Rancho San Antonio County Park located south of I-280 and west of Foothill Boulevard, and the Stevens Creek County Park. Both County parks are roughly 1 mile from the project site. The privately operated Deep Cliff Golf Course is located approximately 0.3 miles to the southeast of the site.

DISCUSSION
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? As discussed in Chapter 3, Project Description, of this Initial Study, the proposed project includes 5,691 square feet (0.13 acres) of common open space available to residents and members of the general public.

The proposed project includes a 2,657 square-foot outdoor common-use plaza and seating area on the northern section of the project site, adjacent to the ground floor commercial of the mixed-use building, for use by residents, visitors, and members of the public.

As discussed in Section XII, Population and Housing, above, the proposed project would result in 18 residential units and 52 new residents at the project site. Therefore, this would be less than what was evaluated in the General Plan EIR (80 new residents as compared to 52 new residents), which found impacts to be less than significant at General Plan buildout. The City’s parkland-to-resident ratio is three acres of parkland for every 1,000 residents144Although the proposed project is not required to provide onsite parkland, the proposed project would include the payment of City-required impact fees to contribute to the City’s parks and recreation fund. As discussed in the General Plan EIR, the proposed project would be required to comply with Cupertino Municipal Code Chapter 14.05, Park Maintenance Fee, Chapter

13.08, Park Land Dedication, and Chapter 18.24, Dedications and Reservations, which require the payment of impact fees to maintain existing parks and recreation facilities and offset the project’s fair share of impacts to parklands. Therefore, considering the proposed project’s provision of 0.13 acres of residential open space, in conjunction with the collection of impact fees that support the City’s parks and recreation fund, the impacts to the City’s recreational facilities would be less than significant and no mitigation measures would be required.

New residents of the project site would also be expected to use the regional park facilities operated by the MROSD and the Santa Clara County Parks. According to the MROSD’s Budget and Action Plan for Fiscal Year 2017-18, a portion of the District’s financing is provided by property taxes, which the project is required to pay. Because the project site would pay property taxes that fund the MROSD, the use of regional parks by the relatively small number of new residents of the proposed project would not result in substantial deterioration of those parks. The increase in usage that could potentially result from the proposed project is not likely to require the construction of new park facilities over and above the facilities 144 Cupertino General Plan Community Vision 2015 to 2040, Chapter 9: Recreation, Parks and Community Services Element, “Park Standards.”
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already foreseen in the long-range planning completed for the regional parks in the vicinity of the project site. Therefore, a less-than-significant impact to regional parks would occur and no mitigation measures would be required.
b) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered park and recreational facilities, or result in the need for new or physically altered park and recreational facilities, the construction of which could cause significant environmental impacts?
As discussed in criterion (a) above, the proposed project includes open space features and would be required to pay impact fees that support the City’s parks and recreation fund, which would create lessthan-significant impacts to the City’s recreational facilities. The project does not propose the construction of a park or any physical alterations to an existing park or recreational facilities; however, the payment of impact fees would go toward supporting the City’s park fund that could be applied to the construction or expansion of recreational facilities that could have an adverse physical effect on the environment. It is not known at what time or location such facilities would be required or what the exact nature of these facilities would be, so it cannot be determined what specific environmental impacts would occur from their construction and operation. Because the payment of impact fees is the City requirement to offset the project’s fair share of impacts to parklands, the City would be responsible for any environmental review in accordance with CEQA, as necessary, which would ensure that any environmental impacts are disclosed and mitigated to the extent possible for any future City project related to the expansion of or improvement to a City recreational facility. Accordingly, impacts to park and recreational facilities as a result of the proposed project would be less than significant and no mitigation measures would be required.

XV. TRANSPORTATION
Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
   
b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?    
c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
   
d) Result in inadequate emergency access?    
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 4-79

REVISED FINAL DRAFT

GENERAL PLAN EIR
Chapter 4.13, Transportation and Circulation, of the General Plan EIR, addressed the impacts to the transportation network in the Cupertino area associated with buildout of the General Plan including the redevelopment of the project site with up to 27 dwelling units and a 30-foot height maximum at a program level. The General Plan EIR estimated that and 80 new residents145 could occupy the project site by 2040. Impacts related to pedestrians, bicycles, transit, and emergency access were found to be less than significant and no mitigation measures were required. The General Plan EIR also found that the implementation of the General Plan would support and would not conflict with plans, programs and policies regarding bicycle or pedestrian facilities, or decrease the performance and safety of such facilities.

As discussed in the General Plan EIR, the VMT per capita is projected to increase from 10.5 (2013) to 10.9 (2040).

METHODOLOGY
The following discussion of impacts is based in part on analysis regarding sight distance on Stevens Creek Road (June 17, 2019); pedestrian, bicycle, and transit facilities (July 12, 2019); and existing daily and peak hour trips, and vehicle miles traveled regarding (October 16, 2019), prepared for the proposed project by TJKM Transportation Consultants, and reviewed and approved by the City of Cupertino Transportation Division. The reports are included in Appendix D, Transportation Data, of this Initial Study.

EXISTING CONDITIONS
This section describes existing conditions in the immediate project site vicinity, including bicycle and pedestrian facilities, transit facilities, and VMT.

Existing Conditions
Pedestrian Facilities
Walkability is defined as the ability to travel easily and safely between various origins and destinations without having to rely on automobiles or other motorized travel. The ideal “walkable” community includes wide sidewalks, a mix of land uses such as residential, employment, and shopping opportunities, a limited number of conflict points with vehicle traffic, and easy access to transit facilities and services.

Pedestrian facilities consist of crosswalks, sidewalks, pedestrian signals, and off-street paths, which provide safe and convenient routes for pedestrians to access destinations such as institutions, businesses, public transportation, and recreation facilities.
145 27 units times 2.94 persons per household for Cupertino in 2040 equals 79.34 persons. Note that the 2.94 persons per household rate for year 2040 was applied in the General Plan EIR. Applying the ABAG rates for population estimates is the standard approach for population and housing analysis in Cupertino. 232
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4-80 DECEMBER 2021

REVISED FINAL DRAFT
The project site does not have adequate pedestrian access, because sidewalks are present only on the one side of Stevens Canyon Road within the project vicinity. Existing pedestrian facilities in the vicinity of the project site are shown on Figure 4-1.

The 2018 Cupertino Pedestrian Transportation Plan (Pedestrian Plan) contains goals, policies, and specific recommendations to increase the walkability of Cupertino, including the Pedestrian Guidelines. The Pedestrian Plan is a companion document to the City of Cupertino Bicycle Transportation Plan (discussed below). It includes specific recommendations to improve pedestrian conditions. Consistent with the Pedestrian Plan and any other applicable recommendations, the project applicant would be required to contribute to implementing any recommended pedestrian improvements in the project area. The Pedestrian Plan recommends walk audits be conducted at Foothill Boulevard and Stevens Canyon Road through the project area. There is no further discussion of pedestrian improvements in the project area.

Bicycle Facilities
Bicycle facilities on and near the project site include the following:
 Bike Paths (Class I). Paved trails that are separated from roadways  Bike Lanes (Class II). Lanes on roadways designated for use by bicycles through striping, pavement legends, and signs
 Bike Routes (Class III). Designated roadways for bicycle use by signs or other markings may or may not include additional pavement width for cyclists
Class II Bike Lanes are provided along both sides of the roadway at South Foothill Boulevard and Stevens Canyon Road near the project site. There is adequate signage for the bicyclists to maneuver without confusion. Class III Route designated signs and pavement markings for shared use bikes signs are provided along McClellan Road on both sides of the roadway. Overall, existing bicycle facilities provide adequate connectivity between the project site and the adjacent residential neighborhoods. The existing bicycle facilities within the project vicinity are shown on Figure 4-1.

Cupertino City CouncilJanuary 13, 2022

Cupertino City Council
January 13, 2022