Cupertino City Council
February 1, 2022

CITY OF CUPERTINO
CI

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

Tuesday, February 1, 2022
5:30 PM
Televised Special Meeting Study Session (5:30) and Regular City Council Meeting (6:45)

TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SP
READ 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 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 to comment on an item on the agenda may do so in the following ways:
1) E-mail comments by 4:30 p.m. on Tuesday, February 1 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 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 during the teleconference meeting as follows:

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City Council Ag enda February 1, 2022
Oral public comments will be accepted during the teleconference meeting. Comments may be
made during “oral communications” for matters not on the agenda, and 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
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_O9S_SVWdQ6qnIzUEqjlwHQ Phone
Dial: 669-900-6833 and enter Webinar ID: 981 9559 8239 (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: 981 9559 8239
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 an oral public comment but do not wish to provide your name, you may enter “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.

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City Council A genda February 1, 2022

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

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 N
OTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, February 01, 2022, commencing at 5:30 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 - 5:30 PM
S

TUDY SESSION

1. Subject: Study session to discuss the awarded PDA Planning Grant funds from the Association of Bay Area Governments/Metropolitan Transportation Commission (ABAG/MTC) for the Heart of the City Specific Plan Update in conjunction with the Housing Element Update
Recommended Action: That the City Council receive the report and provide input on the next steps
Staff Report
A - Letter of Confirmation for Priority Development Area Planning B - Draft Scope of Work - HOC Specific Plan Update
C - PDA Planning Grant Guidance - Planning Process & Elements

ADJOURNMENT
R

EGULAR MEETING

PLEDGE OF ALLEGIANCE
R
OLL CALL - 6:45 PM

CEREMONIAL MATTERS AND PRESENTATIONS

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City Council A genda February 1, 2022

1. Subject: Re-Issued Proclamation honoring Paul Haayer for his military service Recommended Action: Present Re-Issued Proclamation honoring Paul Haayer for his military service
A - Proclamation

2. S ubject: Recognition of Fine Arts Commission Artists Award winners Recommended Action: P resent awards to Fine Arts Commission Artist Award winners

POSTPONEMENTS AND ORDERS OF THE DAY
O

RAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within t
he jurisdiction of the Council and not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

REPORTS BY COUNCIL AND STAFF (10 minutes)

3. S
ubject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements

4. S ubject: Report on Committee assignments
Recommended Action: R eport on Committee assignments

5. S ubject: City Manager update
Recommended Action: Receive City Manager update on emergency response efforts and other City business
CONSENT CALENDAR (Items 6-10)
Unless there are separate discussions and/or actions requested by council, staff or a member of the pu
blic, it is requested that items under the Consent Calendar be acted on simultaneously.

6. S ubject: Approve the January 13 City Council minutes Recommended Action: App rove the January 13 City Council minutes

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City Council A genda February 1, 2022
A - Draft Minutes

7. S ubject: Approve the January 18 City Council minutes Recommended Action: App rove the January 18 City Council minutes A - Draft Minutes

8. S ubject: Consider Accounts Payable for the period ending December 20, 2021 Recommended Action: Adopt Resolution No. 22-015 accepting Accounts Payable for the period ending December 20, 2021
Staff Report
A - Draft Resolution
B - AP Report

9. S ubject: Consider Accounts Payable for the period ending January 3, 2022 Recommended Action: Adopt Resolution No. 22-016 accepting Accounts Payable for the period ending January 3, 2022
Staff Report
A - Draft Resolution
B - AP Report

10. Subject: Administrative Record for 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: Adopt Resolution No. 22-022 to correct the administrative record for the Bateh Brothers development project
Staff Report
A - Draft Resolution
B - Initial Study/MND - Correct Attach. H to Item#2 from 1.13.22 CC special mtg

SECOND READING OF ORDINANCES

11. Subject: Consider second reading and enactment of an Ordinance 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))" to allow the Canyon Crossing development (Application No(s):

EA-2018-06, Z-2018-02; Applicant(s): Dan Shaw (SCR Enterprises); Location 10625 South Foothill Boulevard; APN#s 342-16-087, -088)

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City Council A genda February 1, 2022
Recommended Action: Conduct the second reading and enact 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))" A - Draft Ordinance

12. Subject: Consider second reading and enactment of an Ordinance 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))” to allow development of the Bateh Brothers site (Application No(s): EA-2020-001, Z-2020-001; Applicant(s): Alan Enterprise LLC; Location: 22690 Stevens Creek Boulevard; APN#s 341-14-066, 342-14-104 & 105) Recommended Action: Conduct the second reading and enact 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))”
A - Draft Ordinance

PUBLIC HEARINGS

13. Subject: Consider an amendment to the Fiscal Year (FY) 2021-22 Fee Schedule C - Planning Fees to add a Miscellaneous Ministerial Permit fee pursuant to Urgency Ordinance No. 21-2235 regarding the ministerial processing of up to two unit projects pursuant to Senate Bill 9
Recommended Action: Adopt Resolution No. 22-023, amending the Adopted FY 2021-22 Fee Schedule C - Planning Fees to add a Miscellaneous Ministerial Permit fee pursuant to Urgency Ordinance No. 21-2235 regarding the ministerial processing of up to two unit projects pursuant to Senate Bill 9
Staff Report
A - Draft Resolution

14. Subject: Consider an extension of an Interim Ordinance to implement new state legislation (Senate Bill 9), that provides for ministerial approval of up to two units and/or a lot split in a residential single-family zone (Application No.: MCA-2021-005; Applicant: City of Cupertino; Location: Citywide in all residential single family zones)

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Recommended Action: Conduct a public hearing pursuant to Government Code section 65858(a), and following that hearing:

1. Find that the proposed action is exempt from CEQA; and

2. Conduct the one and only reading of Ordinance No. 22-2238: "An Interim Ordinance of the City Council of the City of Cupertino Extending Interim Ordinance Number 22-2235 Adding or Amending Cupertino Municipal Code Sections 18.20.170, 19.08.030,

19.12.030, 19.12.110, 19.28.040, 19.28.050, 19.28.110, 19.28.150, 19.28.170, 19.40.050,

19.40.060, 19.40.090, and 19.112.060 to Adopt Standards for Ministerial Approval of Duplexes and Lot Splits in Single-Family Residence Districts," extending the effective date of the previously adopted interim Ordinance No. 22-2235 for a period of 10 months and 15 days.

Staff Report
A - Draft Ordinance

ORDINANCES AND ACTION ITEMS

15. Subject: Consideration of Notice of Intent to Vacate a Public Pedestrian Walkway Easement through Tract 9405 (Campo De Lozano.)
Recommended Action: 1) C onsider adopting Resolution No. 22-024 (Attachment A) to notice the public of the intent to vacate a public pedestrian walkway easement through Tract 9405, and to set a public hearing on March 1, 2022 at 6:45p.m. 2) Consider the option of reducing City of Cupertino collected fees, established by the adopted fee schedule, for the action
Staff Report
A - Draft Resolution
B - Aerial Exhibit

16. S ubject: Consider adopting the proposed 2022 Legislative Platform Recommended Action: A dopt the proposed 2022 Legislative Platform Staff Report
A - Proposed 2022 Legislative Platform
B - Proposed 2022 Legislative Platform Redline
ORAL COMMUNICATIONS - CONTINUED (As necessary)
C

OUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

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

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file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the C
ity’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
22-10325 Agenda Date: 2/1/2022
Agenda #: 1.

Subject: Study session to discuss the awarded PDA Planning Grant funds from the Association of Bay Area Governments/Metropolitan Transportation Commission (ABAG/MTC) for the Heart of the City Specific Plan Update in conjunction with the Housing Element Update That the City Council receive the report and provide input on the next steps CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: February 1, 2022

Subject
Study session to discuss the awarded PDA Planning Grant funds from the Association of Bay Area Governments/Metropolitan Transportation Commission (ABAG/MTC) for the Heart of the City Specific Plan Update in conjunction with the Housing Element Update.

Recommended Action
That the City Council receive the report and provide input on the next steps.

Background
The Heart of the City (HOC)
Specific Plan 1 was first
adopted by City Council in
1995 with the purpose of
guiding future development
within the Special Area. The
HOC Special Area is
considered the most
important commercial
corridor in the City and spans
approximately 596 acres from
Highway 85 to the western
border of the City of Santa
Clara (see figure 1).

1 Heart of the City Specific Plan available here:
https://www.cupertino.org/home/showpublisheddocument/415/636280426123030000 Figure 1. Special Area Map
(General Plan, Figure PA-1)
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2 As part of the City Work Program for fiscal year 2019 -20202, City Council directed staff to amend the HOC Specific Plan to include clarification on the minimum street side setback requirements on corner lots; review of the street tree requirements to allow larger trees, increase diversity of tree type s, and encourage drought tolerant and native tree types; update sections such as transit corridors in the City; and maintain existing setbacks and consider minimum retail percentage to maintain a commercial strip. Furthermore, in 2019, in anticipation of the 6th Cycle Housing Element Update, the City issued a Letter of Confirmation for Priority Development Area (PDA) Planning to ABAG/MTC confirming the City’s intent to complete an amendment to the HOC Specific Plan as well as related rezoning and environmental studies by 2025 , in response to a call for Letters of Inte rest from ABAG/MTC (see Attachment A).

The HOC Special Area is nestled within the City’s only PDA3 identified in Plan Bay Area 2050 as a “VTA’s Cores, Corridors, and Station Area PDA” 4. The Final Plan Bay Area 20505 adopted in October 2021 focuses new development in growth areas, particularly in PDAs and in areas with higher quality transit , in an effort to reduce greenhouse gas emissions and to address regional housing needs.

In January 2021, ABAG/MTC invited jurisdictions to submit applications, through its second round of federally funded One Bay Area Grant Program (OBAG 2), for the PDA Planning Grant Program intended to fund new and amended specific plans for areas located within PDAs and the Technical Assistance Grant Program intended to support transportation related planning and initiatives . These programs are ABAG/MTC’s way of distributing transportation funds it receives to support transportation and planning in the region from the Federal Highway Administration . The total available for these two grant programs administered by ABAG/MTC in this round of funding was $7.68 million.

The primary goals of the PDA Planning Grant Program include:
 Increasing housing supply (particularly affordable housing) and jobs;  Boosting transit ridership and reducing vehicle miles traveled (VMT);  Increasing alternative modes of transportation (e.g., walking, bicycling, carpooling and carsharing); and
 Retaining and expanding community assets and loca ting key services and retail within the planning area.

Staff applied for the PDA Planning Grant funds based on the prior Letter of Interest submitted to ABAG/MTC in 2019, which indicated the City’s intent to complete the HOC

2 FY 2019-2020 City Work Program available at:
https://www.cupertino.org/home/showpublisheddocument/25486/637084805735570000 3 PDAs are areas with convenient public transit service prioritized by local governments for housing, jobs, and services.
4 ABAG/MTC PDA map available at: https://arcg.is/0eyDO80 5 Final Plan Bay Area 2050 available at:
https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf 11 CC 02-01-2022
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3 Specific Plan amendment , and the Technical Assistance Grant funds for eligible costs related to the City’s efforts to adopt Vehicle Miles Traveled (VMT) standards.

ABAG/MTC staff evaluated the PDA Planning Grant applications using objective criteria that included: location within a Community of Concern; implementation of Plan Bay Area 2050, particularly transportation and housing strategies; support for housing production at all income levels; and protection of existing PDA residents at risk of displacement. For Technical Assistance Grants, preference was given to proposals that demonstrated innovation and regional replicability, increased pedestrian and bicyclist safety, and updated transportation impact review standards to assess VMT rather than Level of Service (LOS), as required b y Senate Bill 743. Ultimately, in Spring 2021, ABAG/MTC awarded funding to 12 out of the 32 PDA Planning Grant applications received and ten out of the 48 PDA Technical Assistance Grant applications received.

Cupertino was awarded $400,000 in funding throu gh the PDA Planning Grant but not awarded any Technical Assistance Grant funds. Similar to other grant funds awarded to the City, the PDA Planning Grant funding is reimbursement-based.

Discussion
Scope of Work
The purpose of the PDA Planning Grant Program is to provide funding to local jurisdictions to allow them to amend specific plans within PDAs to encourage housing development in the PDA thereby reducing VMT. It is anticipated that the HOC Specific Plan might need updates in conjunction with the Housing Element Update for the necessary rezoning to accommodate some of the City’s Regional Housing Needs Allocation (RHNA) of 4,588 net new units in this Special Plan Area. It is anticipated that there may be some priority sites along the Heart of the City transit corridor in keeping with the State’s requirements for meeting greenhouse gas (GHG) targets and the City’s obligations to meet GHG emission goals under Assembly Bill 32 and Senate Bill 375.

While the current 6th Cycle Housing Element Update and HOC Specific Plan Update are separate efforts, both are expected to run along parallel tracks.

The draft scope of work (Attachment B) for the HOC Specific Plan Update was prepared, with input from ABAG/MTC staff, to comply with ABAG/MTC’s PDA Planning Grant Guidance: Planning Process & Elements (Attachment C). The draft scope of work includes the following tasks, analyses, and new and revised documents, much of which overlaps the Housing Element Update:
 Public Engagement (required per ABAG/MTC)
o Community Involvement Strategy
o Community Advisory Council
o Technical Advisory Committee
o Project Outreach Material
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4 o Public Workshops
o Additional Engagement Events
o Elected & Appointed Official Engagement
 Community Assessment & Policy Development (required per ABAG/MTC) o Equity Assessment
o Affordable Housing & Jobs Assessment
o Mobility Assessment
o Community Assets, Services, & Infrastructure Assessment o Resilience & Climate Adaption Assessment
o Objective Design Standards Assessment (Optional)
 Adopted Plan Documents
o Specific Plan Update
o Environmental Impact Report (EIR)
o Plan Adoption, Zoning Code Update, & General Plan Amendment (if needed)
It is important to note that in order to be eligible for and utilize the PDA Planning Grant funds, the HOC Specific Plan Update must incorporate the assessments described above under “Community Assessment & Policy Development .” Additionally, a Community Advisory Council and Technical Advisory Committee are required under th e “Public Engagement” task to inform the planning process and provide technical input throughout the process. Please see Attachment B for additional information.

Furthermore, while the scope of work for the PDA Planning Grant does not match Council’s amendment requests in the FY 2019-2020 City Work Program, some ideas, such as maintaining viable services and retail uses with in the HOC area, could be addressed following the analysis and assessments required with the funding.

Consultant & Timeline
While the City may choose to issue a separate Request for Proposal (RFP) for a different HOC Specific Plan Update consultant, there appear to be no grant requirements, or separately, City requirements to issue a new RFP for this work. Since a small amount of money is earmarked for zoning related tasks in the Heart of the City in the City’s Housing Element consultants’ scope of work and budget, and due to the anticipated overlap in scope of work (e.g., community engagement and education, analysis, rez oning, etc.) between the two projects , s taff recommends that the City’s current Housing Element Update consultant, EMC Planning Group (EMC), lead the effort for the update to the HOC Specific Plan. Pairing this work with the current Housing Element Update under the same lead consultant may prove beneficial in terms of related cost, timing, and outreach efforts as some anticipated costs are already included in EMC’s existing contract. A contract amendment to expand the scope of work and associated budget modification would be required should Council choose to proceed with the HOC Specific Plan Update led by EMC.
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5 All work for the HOC Specific Plan Update that is done in conjunction with the Housing Element Update, including but not limited to, rezoning, environmental studies, and public outreach is expected to be completed by January 31, 2023 , as mandated by the State. Any additional tasks, beyond what is required as a result of the Housing Element Update, outlined in the PDA Planning Grant scope of work for the HOC Specific Plan Update are anticipated to be completed within three years of contract approval as required by ABAG/MTC . A draft schedule with tentative dates is provided below and included in the scope of work.

DELIVERABLE

EXPECTED DATE OF

COMPLETION
(Tentative)
Task 1 – Public Engagement

1.1 – Kick-Off Meeting with City Staff Early ’22

1.2 – Community Involvement Strategy Early ‘22

1.3 – Project Outreach Materials Ongoing thru Early ‘23

1.4 – Public Workshops & Engagement Events Ongoing thru Early ‘23

1.5 – Elected & Appointed Official Engagement Ongoing thru Early ‘23 Task 2 – Community Assessment & Policy Development

2.1 – Document Research Early ‘22/Spring ‘22

2.2 – Meeting with City Staff Early ‘22

2.3 – Policy & Program Recommendations Spring ‘22
Task 3 – Adopted Plan Documents

3.1 – Administrative Draft Spring ‘22/ Summer ‘22

3.2 – Draft Specific Plan Summer ‘22

3.3 – Final Specific Plan Fall ‘22

3.4 – Environmental Analysis Fall ‘22

3.5 – Meetings with City Staff Summer ‘22/Fall ‘22

3.6 – Public Hearings Winter ‘22/Early ‘23
Sustainability Impact
No sustainability impact.

Fiscal Impact
On September 21, 2021 6, Council awarded a consultant agreement for the 6 th Cycle Housing Element Update to EMC for an amount not to exceed $748,040; and approved a total project budget of $1, 069,248 for all work related to the Housing Element Update.

Should Council wish to accept the $400,000 in PDA Planning Grant funds from

6 9/21/21 meeting available at: https://cupertino.legistar.com/LegislationDetail.aspx?ID=5139085&GUID=49F1DF23- 27A3-4725-9BC5-DAE83FA58A66&Options=&Search=
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6 ABAG/MTC and proceed with the HOC Specific Plan Update, a revised consultant agreement and subsequent budget modification will be required for the expanded scope of work.

Next Steps
Staff is requesting Council’s direction as to whether to accept the awarded PDA Planning Grant funds from ABAG/MTC and proceed with an update to the HOC Specific Plan in conjunction with the Housing Element Update and as outlined in the scope of work.

All work for the HOC Specific Plan Update related to the Housing Element Update, including but not limited to, rezoning, environmental studies, and public outreach is expected to be completed by the Housing Element Update deadline (January 31, 2023 as mandated by the State.) As previously mentioned, any additional tasks, beyond what is required by the Housing Element that are identified in the scope of work and/or by Council, are anticipated to be completed within three years of contract approval should Council choose.

If Cou ncil wishes to proceed with the PDA Planning Grant and HOC Specific Plan Update, s taff will return to Council with EMC Planning Group and budget/contract materials in March 2022.

Prepared by: Erika Poveda, Associate Planner
Luke Connolly, Senior Planner
Piu Ghosh, Planning Manager
Reviewed by: Benjamin Fu, Director of Community Development Christopher Jensen, City Attorney
Approved by: Dianne Thompson, Assistant City Manager

Attachments:

Attachment A – Letter of Confirmation for Priority Development Area Planning Attachment B – Draft Scope of Work – HOC Specific Plan Update Attachment C - PDA Planning Grant Guidance: Planning Process & Elements 15 CC 02-01-2022
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DRAFT SCOPE OF WORK
HEART OF THE CITY SPECIFIC PLAN UPDATE– VTA CORES, CORRIDORRS, AND

STATION AREA PDA

PROJECT GOAL
Originally approved by Council in 1995, with subsequent minor amendments in 1997, 1998, 2000, 2010, 2012, and 2014, Cupertino’s current Heart of the City (HoC) Specific Plan 1 encompasses approximately 596 acres of the City’s primary commercial corridor nestled within VTA’s Cores, Corridors, and Station Area PDA. The City intends to update the existing HoC Specific Plan to accommodate a portion of the City’s 6th RHNA cycle allocation of 4,588 units2. The specific plan update will be completed in conjunction with the City’s Housing Element update , which will include state- mandated updates to the General Plan and environmental review currently envisioned to be a Programmatic Environmental Impact Report. In line with the City’s Housing Element update, the HoC Specific Plan update will incorporate meaningful public engagement throughout and will integrate an analysis of the current conditions of the planning area and surrounding community to address the overarching goals of affirm atively furthering fair housing, vehicles miles traveled reduction strategies, and climate adaptation strategies. The update to the City’s Housing Element is anticipated to result in Zoning amendments and updates to the HoC Specific Plan to ensure that all sites that are identified as Priority Housing S ites are appropriately situated for housing development projects.

Task 1 – PUBLIC ENGAGEMENT
Public engagement for the HoC Specific Plan update will be conducted as part of the robust public engagement process to take place during the City’s Housing Element update. As part of the community engagement and education for both projects , residents of all incomes, races, and ethnic backgrounds as well as employees of local businesses, community - and faith -based organizations, and public agencies will be encouraged to participate . Throughout the public engagement process, the consultant will g ather meaningful input from community mem bers, community-based organizations, decision makers, City staff, and the development community on how the City may achieve the overarching goal of accommodating the increased housing needs allocation for the 6 th RHNA cycle in a responsible manner that considers the needs of existing and future residents.

1 2014 Heart of the City Specific Plan can be accessed at:
https://www.cupertino.org/home/showpublisheddocument/415/636280426123030000 2 ABAG’s Draft RHNA Plan with Cupertino’s allocation can be accessed at:
https://abag.ca.gov/sites/default/files/documents/2021-05/ABAG_2023-2031_Draft_RHNA_Plan.pdf 18 CC 02-01-2022
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The engagement process may incorporate a hybrid of online and in -person formats , such as traditional workshops, online surveys, pop- up events, and virtual meeti ngs, in order to thoughtfully consider COVID-19 protocols. Specific tasks include:

• Community Involvement Strategy: Create a detailed Community Involvement Strategy d ocument outlining the approach to involving community members throughout the planning process and ensuring input is integrated into the specific plan.

The Community Involvement Strategy should identify translation needs, drawing on the data gathered through the Community Assessment (see Task 2), and highlight potential translation services and/or protocols to utilize throughout the specific plan update.
• Community Advisory Council: Form a Community Advisory Council (CAC) to inform the planning process and review draft plan materials. The CAC should consist of a representative group of residents, local employees, community -based organizations, service providers, and/or other involved community members in the plan area. Host a minimum of three CAC meetings throughout the planning process, including, but not limited to: (1) Plan Kickoff & Goal-Setting Meeting, (2) Policies & Strategies Meeting, and (3) Draft Plan Meeting.
• Technical Advisory Committee: Form a Technical Advisory Committee (TAC) to provide detailed technical input throughout the planning process. The TAC should consist of city electives and representatives, representatives of regional agencies such as ABAG/MTC, representatives of service providers such as utilities, transit agencies, and/or air and water quality management districts. Host a minimum of three TAC meetings throughout the planning process, including, but not limited to: (1) Plan Kickoff & Goal-Setting Meeting, (2) Policies & Strategies Meeting, and (3) Draft Plan Meeting.
• Project Outreach Materials: Project outreach materials may include a project webpage with project background, fact sheets, information for meeting and engagement opportunities, and a FAQ handout/pdf. Additional outreach materials include, but are not limited to, social media posts, e -updates, and postcards to dis tribute meeting information to all interested parties. P roject outreach materials for the HoC Specific Plan update will be incorporated into the outreach efforts for the Housing Element update.
• Public Workshops: Host a minimum of three public workshops thr oughout the planning process, including, but not limited to: (1) Plan Kickoff & Goal-Setting Workshop, (2) Policies & Strategies Workshops, and (3) Draft Plan Workshop. Public workshops for the HoC Specific Plan update will be incorporated into the outreach efforts for the Housing Element update.

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• Additional Engagement Events: Organize interactive events engaging community members with an emphasis on reaching low -income communities and communities of color . Additional engagement events may include : Online surveys and forums ; Digital story/photo maps; “Pop up” workshops at public events such as flea markets, farmer’s markets, and local festivals; Drop-in Design Charrette workshop held in a publicly-accessible location. Additional engagement events for the HoC Specific Plan update will be incorporated into the outreach efforts for the Housing Element update. • Elected & Appointed Official Engagement: Regular memos, dedicated sessions, or briefings with councilmembers and planning commissioners to provide an overview of the planning process, preview of challenges, an opportunity to review and comment on alternatives, and provide input during the development of the Draft Plan to help ensure buy-in and smooth the plan adoption process.

Deliverables:
 Kick-off Meeting with City Staff: Conduct a virtual or in-person kick-off meeting with City staff to discuss the overall scope of work, timeline, and key milestones of the HoC Specific Plan update.
 Community Involvement Strategy: Prepare a Community Involvement Strategy to be reviewed by City staff.
 Community Advisory Council Formation + CAC Meeting #1 : Form a Community Advisory Council (CAC) and conduct a virtual or in-person kick-off and goal setting meeting. Work with staff to create meeting materials, such as staff reports, meeting presentations, and meeting notes/key findings as appropriate.  Technical Advisory Committee Formation + TAC Meeting #1 : Form a Technical Advisory Committee (TAC) an d conduct a virtual or in -person kick- off and goal setting meeting. Work with staff to create meeting materials, such as staff reports, meeting presentations, and meeting notes/key findings as appropriate.  Project Outreach Materials: Prepare appropriate p roject outreach materials in conjunction with the Housing Element update engagement. Outreach should consist of both online and physical materials in effort to engage a wide range of residents and other stakeholders.
 Public Workshops & Other Engagement Eve nts: Host a minimum of three public workshops. Organize a minimum of three additional engagement opportunities to engage a wide range of residents and other stakeholders within the community. Work with staff to create meeting materials, such as meeting presentations and meeting notes/key findings as appropriate.
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meeting materials, such as memos, staff reports, meeting presentations, and meeting notes/key findings as appropriate.

Task 2 – COMMUNITY ASSESSMENT & POLICY DEVELOPMENT
Based on available data and initial public engagement (e.g., kickoff workshop, surveys, etc. ), conduct an assessment of the Heart of the City planning area and surrounding community that addresses, at a minimum, Equity, Housing & Jobs, Mobility, Community Assets & Infrastructure, and Resilience & Climate Adaptation. Additionally, assess the existing goals and policies found in the Heart of the City Specific Plan and General Plan. Identify potential policy updates for further development integration into the document based on community engagement and an assessment of historic, existing, and potential future conditions. If a required topic is addressed through a previous planning process, or will be addressed through a parallel planning process, key findings and applicable policies related to the planning area and surrounding community should be integrated and identified in the specific plan.

The assessment must address, but need not be limited to, the following topics, which are described in greater detail below:
• Equity Assessment: The equity assessment will be conducted in conjunction with the citywide equity assessment for the Housing Element update and General Plan amendment. The equity assessment will include analyses such as demography, economic opportunity, housing stability, health, and other life outcomes of residents and employees of businesses throughout the city. Additionally, any existing inequities between residents of different racial or ethnic backgrounds, genders, age groups, abilities, or sexual orientation, as well as the historic and recent factors or policies that contribute to these inequities should be identified. Th e HoC Specific Plan should identify potential policy updates and integrate policies and programs to directly address identified inequities in the plan area . The equity analysis findings should inform all other elements in the Community Assessment, as well as the outreach strategy for the planning process (see Task 1).
• Affordable Housing & Jobs Assessment: The citywide assessment of affordable housing and jobs will be conducted in conjunction with the Housing Element update and General Plan amendment. The assessment should draw upon the findings of the equity assessment. Additionally, the assessment should i dentify the composition of jobs and evaluate the affordability of housing in the area to the wages of employees in these jobs. The HoC Specific Plan should identify potential policy updates and integrate policies and programs to directly address identified obstacles to delivering housing affordable to all income levels.
• Mobility Assessment: The City is planning on conducting a VMT Assessment & Mitigation Project, to be completed approximately Spring ‘22. Data and key findings from this effort will be used to identify potential policy updates and integrate preliminary policies or programs into the HOC Specific Plan. 21 CC 02-01-2022
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• Community Assets, Services & Infrastructure Assessment: Identify the availability of essential services and physical infrastructure relative to current and potential future needs in the planning area and surrounding community, as well as key assets identified by community members through outreach such as surveys, public workshops, etc. (see Task 1). Assess the stability of these community assets by asking questions such as: How are community/neighborhood serving businesses and cultural institutions performing, what is their risk o f displacement, what are the external factors that they are dependent on, etc. Identify a short list of potential policies and investments for further analysis and potential inclusion in the Plan. • Resilience & Climate Adaptation Assessment: The citywide re silience and climate adaptation assessment will be completed as part of the City’s updated Climate Action Plan. The HoC Specific Plan should identify potential policy updates and integrate policies, programs, or investments to better adapt the specific plan area to vulnerabilities such as natural hazards, anticipated climate change, and seismic impacts and prepare the community to respond to future conditions and events. • Objective Design Standards Assessment (Optional): Review the City’s objective design standards and identify potential updates for further integration in the HoC Specific Plan update to help streamline development.

Deliverables:
 Document Research : Conduct a thorough review of the existing Heart of the City Specific Plan, existing General Plan, and citywide assessments identified above.

Prepare an annotated list of reviewed documents, as well as appendices to be incorporated into the HOC Specific Plan highlighting/summarizing key findings from the document review.

 Meeting with City Staff: Conduct a minimum of one virtual or in-person meeting with City staff to discuss findings of the document research and how to integrate potential policies, programs, or investments into the HoC Specific Plan update.

 CAC Meeting #2: Conduct a minimu m of one virtual or in -person meeting with the CAC to discuss findings of the document research and how to integrate potential policies, programs, or investments into the HoC Specific Plan update.

 TAC Meeting #2: Conduct a minimum of one virtual or in -person meeting with the TAC to discuss findings of the document research and how to integrate potential policies, programs, or investments into the HoC Specific Plan update.  Policy & Program Recommendations: Prepare a report and/or matrix identifying the potential policies, programs, or investments to incorporate into the HoC Specific Plan update based on the document research and provided direction from City staff.

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Task 3 – ADOPTED PLAN DOCUMENTS
Drawing upon input from public engagement (see Task 1) and the evaluation of potential policies included in the community assessment (see Task 2), prepare an administrative draft, a draft, and final Specific Plan update to be adopted by the City Council. The update to the Specific Plan will be accompanied by an Environmental Impact Report (EIR) and appropriate amendments to the Zoning Ordinance and General Plan. Specific tasks include:
• Specific Plan Update: Prepare three specific plan update documents: (1) Administrative Draft, (2) Draft Heart of the City Specific Plan update, and (3) Final Heart of the City Specific Plan update. The documents should build upon Tasks 1 and 2 and should include a coherent set of policies and programs that facilitate short- and long-term implementation of the specific plan. The Administrative Draft will be shared with City staff for administrative review and edits to be incorporated into the Draft Specific Plan update document . The scope should also include a second Administrative Draft as an optional task. The Draft Specific Plan update will be shared with the CAC and TAC for review and input. The Draft and Final Specific Plan updates will be presented at Planning Commission and City Council public hearings in conjunction with the Housing Element update for review, edits, and approval of the Final version.
• Environmental Impact Report (EIR): A programmatic environmental analysis and certified environmental document that meets the requirements of the California Environmental Quality Act (CEQA) will be completed as part of the Housing Element update and related General Plan Amendment. The environmental analysis will encompass the entire planning area of the Heart of the City Specific Plan and will provide adequate analysis of potential impacts resulting from implementation of the Specific Plan update, and mitigations to address these potential impacts. • Plan Adoption, Zoning Code Update, & General Plan Amendment: City Council Resolutions and Ordinance adopting the update to the Heart of the City Specific Plan and amending the General Plan, Zoning Ordinance, Zoning Map, and any other relevant policies and regulatory documents.

Deliverables:
 Administrative Draft: Prepare an Administrative Draft of the Specific Plan update to be reviewed by City staff. Staff will return one redlined copy of the Administrative Draft with edits and recommendations. The scope should also include a second Administrative Draft as an optional task.
 Draft Specific Plan: Prepare a Draft Heart of the City Specific Plan that incorporates staff’s review comments for the Administrative Draft update. The Draft specific plan should also be sent to ABAG/MTC to review for consistency with the scope of work.  Final Specific Plan: Prepare a Final Heart of the City Specific Plan that incorporates Planning Commission’s and City Council’s review comments for the Draft document. 23 CC 02-01-2022
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 Environmental Analysis : Environmental analysis to be prepared and certified in conjunction with the Housing Element update.
 Meetings with City Staff: Conduct a minimum of two virtual or in -person meetings with City staff to discuss: (1) Staff’s takeaways and suggested edits and/or recommendations to the Administrative Draft(s); and (2) A recap of the CAC and TAC meetings, as well as the Planning Commission and City Council public hearings with suggested edits and/or recommendations to the Draft Specific Plan.  CAC Meeting #3: Conduct a minimum of one virtual or in -person meeting with the CAC to review and discuss input for the Draft Specific Plan prior to public hearings.  TAC Meeting #3: Conduct a minimum of one virtual or in -person meeting with the TAC to review and discuss input for the Draft Specific Plan prior to public hearings.  Public Hearings: Attend up to four public hearings and assist staff in presenting the draft and final updates to the Heart of the City Specific Plan to Planning Commission and City Council.

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DRAFT SCHEDULE

DELIVERABLE

EXPECTED DATE OF

COMPLETION
(Tentative)
Task 1 – Public Engagement

1.1 – Kick-Off Meeting with City Staff Early ‘22

1.2 – Community Involvement Strategy Early ‘22

1.3 – Project Outreach Materials Ongoing thru Early ‘23

1.4 – Public Workshops & Engagement Events Ongoing thru Early ‘23

1.5 – Elected & Appointed Official Engagement Ongoing thru Early ‘23 Task 2 – Community Assessment & Policy Development

2.1 – Document Research Early ‘22/Spring ‘22

2.2 – Meeting with City Staff Early ‘22

2.3 – Policy & Program Recommendations Spring ‘22
Task 3 – Adopted Plan Documents

3.1 – Administrative Draft Spring ‘22/ Summer ‘22

3.2 – Draft Specific Plan Summer ‘22

3.3 – Final Specific Plan Fall ‘22

3.4 – Environmental Analysis Fall ‘22

3.5 – Meetings with City Staff Summer ‘22/Fall ‘22

3.6 – Public Hearings Winter ‘22/Early ‘23

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PDA PLANNING PROGRAM

PDA PLANNING GRANT GUIDANCE:

PLANNING PROCESS & ELEMENTS

This document provides guidance to local jurisdictions awarded PDA Planning Grants, offering a suggested planning process and outlining required and recommended planning elements to include in a Scope of Work. This information also provides potential grantees with an expectation of what MTC/ABAG will be looking for in grant scopes of work and submitted deliverables.
1 An MTC/ABAG grant manager will work closely with local staff to draft, revise, and finalize the scope, which will set the stage for consultant selection and project completion. This is a “living” document updated periodically to reflect new research, data, and resources; the most recent update is indicated in the footer at the bottom of the page.

Planning Process
Potential Sequence of Planning Process (table suggests general order). All grants must be completed within 36 months of execution of a funding agreement between MTC and the recipient, or execution of a consultant task order if using the Regional Planning Bench.

The diagram below suggests a general sequence for completing the tasks outlined in the next section of this document.

Potential Sequence of Planning Process (table suggests general order)

1. En
gagement

2. Community
Assessment &
Polic
y Development

3a. Specific Plan
3b. EIR
3c. Zoning & General
Plan Amendments

1 MTC/ABAG expects that all planning grants will lead to implementation, including agreement by the local jurisdiction to formally adopt the completed plan, as well as corresponding zoning code and General Plan amendments. If a jurisdiction selects a reimbursement-based grant, it will not receive full payment until adoption (a required task) is complete. Jurisdictions that select to utilize the MTC regional planning bench will not receive the entirety of the services outlined in the scope.

Adoption
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Planning Elements
All planning grant recipients must complete or have completed a set of Planning Elements for their PDA. The required elements include a robust engagement process, a community assessment addressing a spectrum of topics and identifying potential policies and investments, and a Plan adopted by the grantees’ City Council or Board of Supervisors that is accompanied by a programmatic Environmental Impact Report and Zoning and General Plan Amendment. These are summarized below. Detailed guidance for each element is provided in the next section.

1. Engagement: Throughout the planning process, gather meaningful input from a full range of community members living within and nearby the planning area, including residents of all incomes, races and ethnic backgrounds, employees of local businesses, community- and faith-based organizations, and staff from public agencies providing services in the area.

2. Community Assessment & Policy Development: Assess the planning area and surrounding communities—both as unique places and as locations within the greater Bay Area and surrounding subregion—to inform policies and the Plan. Based upon engagement with community members and assessment of historic, existing, and potential future, conditions, identify potential policies for further development integration into the Plan document. The assessment must address, but need not be limited to, the following topics, which are described in greater detail in the next section of this document:
 Equity
 Affordable Housing & Jobs
 Mobility
 Community Assets & Infrastructure
 Resilience & Climate Adaptation

3. Adopted Plan Documents:
 Specific Plan or equivalent
 Programmatic Environmental Impact Report
 Zoning and General Plan Amendment
Duty to Affirmatively Further Fair Housing: State law charges all public agencies with broadly examining their existing and future policies, plans, programs, rules, practices, and related activities, and making proactive changes to promote more inclusive communities. Jurisdictions are tasked with taking actions that will have a significant impact in integrating living patterns and reducing socio-economic concentrations – well beyond combating discrimination or mitigating disparities. Grant-funded PDA Plans are a critical component of meeting this requirement and catalyzing change. To the extent possible, jurisdictions are encouraged to coordinate the analysis and policy development conducted through this plan with the Assessment of Fair Housing (AFH) required for its Housing Element. California HCD provides guidance on this and other aspects of Affirmatively Furthering Fair Housing.
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1. ENGAGEMENT
Throughout the planning process, gather meaningful input from a full range of community members living within and nearby the planning area, including residents of all incomes, races and ethnic backgrounds, employees of local businesses, community- and faith-based organizations, and staff from public agencies providing services in the area. Depending on the status of the COVID-19 pandemic, recipients may need to modify their approach.

Recommended Engagement Activities|
 Community Involvement Strategy: Document outlining in detail an approach to involving community members throughout the planning process and ensuring input is integrated into the Alternatives, Supportive Strategies and Specific Plan. It should be developed concurrent with the Community Assessment, considering data from the Equity portion of the Community Assessment (see Task 2). The involvement plan should identify:
o Tasks and a timeline for completion.
o Direct engagement with low-income communities and communities of color identified in the Community Assessment, including roles of local service providers (e.g., community centers, clinics, etc.) and community-based organizations. Identify translation needs (required for all non-English languages spoken by 10% or more of PDA residents) and document how these will be met throughout the process.
o Potential members of the Technical Advisory Committee (TAC) and Citizens Advisory Committee (CAC) and/or selection process.
o Specific ways that community input at various phases of the planning process will be integrated into the Community Assessment and Policies and the Plan Documents.
 Community Advisory Council: A representative group of residents, employees of local businesses, community-based organizations, service providers, and other involved community members in the plan area and in surrounding neighborhoods. At a minimum, the Community Advisory Council informs the planning process and reviews draft plan materials. At least three meetings are required.  Technical Advisory Committee: Group providing detailed technical input throughout the planning process, including representatives of local, county, and regional agencies and service providers such as utilities, transit agencies, congestion management agencies, air and water quality management districts, and the ABAG/MTC grant manager. At least three meetings are required.  Direct Outreach and Information Gathering: Interactive events engaging community members outside the context of traditional workshops, with an emphasis on reaching low-income communities and communities of color, incorporating any translation needs. If possible, involve community members/service providers into outreach and operation of events. Grantees should tailor direct outreach to meet the needs of their community; successful direct outreach identified by previous PDA grantees include:
o Community Asset Mapping: Engage community members to create an inventory and map of specific cultural assets and spaces to preserve or enhance, suc
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o Walk and Bike Audits: Community member assessments of travel conditions by foot, bicycle, scooter, or wheelchair; community assets; and opportunities, and challenges.
o “Pop up” Workshop: Booths or tents at public events such as Flea Markets, Farmer’s Markets, shopping streets, grocery stores, and festivals to raise awareness of the plan and solicit input; can include intercept surveys and interviews
o Design Charrette in the Community: Drop-in workshop held in a location with foot traffic such as a storefront, library, or community center; community members work with the project team to design alternatives for the future of the PDA and develop supportive policies
o Drop-into local meetings: Coordinate with local community and neighborhood leaders to attend existing neighborhood, community or social club meetings to raise awareness of the plan
o Art and story-based visioning: Drop-in or scheduled events inviting community members to share stories or art capturing their experiences and aspirations for the PDA
o Maps and other planning tools that engage residents in expressing preferences and understanding trade-offs involved in various policy decisions.  Online and Print Engagement: Create a project website and provide additional electronic and traditional outreach materials. Suggested approaches include:
o Fact Sheets, updates and workshop invitations mailed to community members and posted in public places such as libraries, businesses, coffee shops, community centers, and places of worship
o Online and mail surveys to educate residents and solicit feedback about needs, values and tradeoffs
o Online discussion forums
o Social media accounts (i.e., Twitter, Instagram, Next Door etc.) to announce meetings, provide updates and links to project material, and solicit feedback In all outreach material, consider “branding” the plan using a consistent logo and tag line/motto to increase visibility
 Elected and Appointed Official Engagement: Regular memos, dedicated sessions, or briefings with individual councilmembers and planning commissioners, to provide Council and the Commission with an overview of the planning process, preview of challenges, an opportunity to review and comment on alternatives and provide input during the development of the Draft Plan to help ensure buy-in and smooth the plan adoption process.
 Public Workshops: Host public workshops at a minimum of three points in the planning process. (This in addition to required CEQA-related hearings). Recipients are encou
raged to utilize creative approaches to enhance participation by low-income residents, communities of color, and residents with mobility limitations. In-person workshops are recommended but may be supplemented with web-based engagement.

If participation is limited by the COVID-19 pandemic, virtual workshops may replace in-person workshops. Potential workshop topics include:
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o Plan Kickoff and Goal-setting Workshops: Incorporate activities to identify community assets, challenges and opportunities in the plan area, develop goals and targets for the plan, and shape the development of policies that inform the plan. o Alternatives & Strategies Workshops: Highlight input from previous workshops, gather responses to community assessment and potential policies to shape the Specific Plan; consider using live polling or similar tools to gather responses to strategy options, visual preference surveys, and other questions. o Draft Plan Workshop: Review draft specific plan and engage participants in interactive activities designed to gather critical feedback and shape final adjustments to the Plan.

For all workshops: Provide any translation services identified in the Community Engagement Plan and childcare.
 Additional Community Involvement Components:
o Public workshop or other option to present Draft Plan o Focus groups and interviews to obtain in-depth feedback from key stakeholders, including developers
o Partnerships with local schools and community-based organizations (CBOs) that provide services to residents and often are not involved in planning processes
o Outreach to local media, including ethnic newspapers, local weeklies and news blogs, radio, and TV stations
o Outreach through social media platforms used by different generations or ethnic communities. (titoki, Instagram, Facebook, wechat)

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2. COMMUNITY ASSESSMENT & POLICY DEVELOPMENT

Based on available data and initial public engagement (e.g., kickoff workshop, mobile workshops), produce an assessment of the planning area and surrounding community that addresses, at a minimum, Equity, Housing & Jobs (with an emphasis on housing affordability), Mobility, Community Assets & Infrastructure, and Resilience & Climate Adaptation. In addition to painting a picture of the community as it exists today, the assessment should uncover historic trends and identify potential policies for further investigation and potential inclusion in the Plan. Grantees are encouraged to produce a single, integrated Community Assessment, but may complete stand-alone reports if preferred.

If adequate resources are available, grantees are also encouraged to conduct assessments of other key topics relevant to the planning area.

Note on topics addressed through other planning processes: If a required topic was addressed through a previous planning process, or will be addressed through a parallel planning process, grantees should integrate key findings related to the planning area and surrounding community, as well as identify applicable policies that will be reflected in the Specific Plan and/or Zoning and General Plan amendments. Examples could include a recently completed citywide Active Transportation Plan or VMT policy that will be reflected in the Plan’s Street standards or the transportation impact review process for development projects proposed in the plan area.

2A. Equity
Assess demography, economic opportunity, housing stability, health and other life outcomes of residents and employees of businesses in the plan area and surrounding community.

Identify any existing inequities between people of different racial or ethnic backgrounds, genders, age groups, abilities, or sexual orientation, as well as the historic and recent factors and policies that contribute to these inequities. Utilize this analysis to develop policies for each of the other topics to address these inequities, as well as to shape the outreach strategy for the planning process (see task 1).

Recommended Assessment
For all analyses: Differentiate findings by demographic characteristics wherever possible, and include both residents and, to the extent available, employees of local businesses.

Compare plan area and surrounding community to jurisdiction, county, and region.  Demography: Race/ethnicity, gender, age, household size and income, physical ability, primary language spoken at home, place of birth, sexual identity, family composition, etc.
 Housing stability: Housing cost as a share of income, homelessness, type (rent or own) and length of tenure, displacement risk, homelessness, fair housing complaints, and existing policies to increase housing security for low-income households.  Opportunity and Economic stability: Unemployment rate, level of education, school performance, education level, occupation, household transportation costs, etc. 31 CC 02-01-2022
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 Health: Life expectancy, asthma rates, violent crime, building code violations, access to grocery stores and other essential needs, air quality and other environmental quality indicators
 Risk Factors: Based on the analyses above and any other relevant, available data, identify risk factors in the plan area and surrounding community contributing to inequities.

How to use findings from Equity Assessment: These findings should inform all the other elements in the Community Assessment. Additional analysis should build upon identified inequities and potential policies should directly address these inequities.

Recommended Sources:

US Census American Community Survey
Urban Displacement Project (data download)
TCAC Opportunity Maps

Example assessment: Downtown Oakland Disparity Analysis (for Downtown Oakland Specific Plan)

If you are struggling to scope an equity assessment, consider drawing from the Planning for Healthy Communities Toolkit.

2B. Affordable Housing & Jobs Drawing upon the findings of the equity assessment, identify in greater detail the characteristics of the existing and planned housing stock in the planning area and surrounding area, as well as projected short- and long-term need. Identify the composition of jobs in the plan area and evaluate the affordability of housing in the area to the wages of employees in these jobs. Identify obstacles to delivering housing affordable to all income levels and responsive policies. This task should be closely coordinated with the jurisdiction’s Housing Element, if already underway.

Recommended Assessment
 Quantify Housing Need: Identify short-term (e.g., next 8-year RHNA cycle) and long-term (e.g., 20-30 year estimate in General Plan and Plan Bay Area) housing need by income level in the jurisdiction, including the likely number of new deed-restricted housing units affordable to extremely-low, very low-, low-, and moderate-income households. To the extent possible, also identify need relative to unit size (i.e., 1 bedroom, 3 bedroom, etc.). Compare projected need with historic production at all income levels.
 Establish Housing Profile: Number and share of buildings by age, size (e.g., units, square feet, stories), median rent or home value, length of time occupied by residents, construction type if available and condition. Within the overall building stock, identify the following:
o Deed-restricted affordable housing: Existing or planned sites/buildings with rents or sale prices restricted to levels affordable to qualified low and 32 CC 02-01-2022
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moderate-income households. Identify share of residents by income level and other demographic characteristics, if available, and length of deed-restriction and potential threats to long-term affordability.
o Unsubsidized affordable housing: Buildings/sites: a) occupied by numerous (e.g., 2 or more) tenants paying all or a portion of rent with housing subsidies (e.g., Section 8 vouchers), where information is available; and/or b) with median market rents affordable to households with moderate-incomes or lower.2 Identify homes at greatest risk of conversion to units unaffordable to at moderate-income or lower households.
o Market-rate housing: Existing or planned sites/buildings rented or sold at unrestricted prices
o Informal housing: Sites occupied on an ongoing basis by individuals or families without formal homes, often referred to as “encampments”, both in the planning area, surrounding community, jurisdiction, and county. Include any recently cleared (e.g., within past 2 years) sites. o Accessibility: Sites/buildings that are accessible, adaptable, habitable, and/or visitable to persons with disabilities.
 Establish Employment/Industry Profile: Location and number of jobs and establishments by industry sector and, if available, occupation within and nearby the plan area. Based on available wage data, quantify the typical rent or home purchase price affordable to employees in the predominant industries and occupations in the area. Based on current conditions and historic data, identify industry concentrations within and nearby the planning area; among these, identify industries anticipated to contract and expand, and identify any industries that are prioritized in a local (e.g., Citywide or county) economic development strategy.
 Identify development pipeline: Development projects that are proposed, approved, permitted, or under construction in and nearby the plan area, including use, size and, for housing or mixed-use projects that include housing, tenure and share market-rate or affordable. Where available, identify asking rents or sales prices for projects nearing completion.
 Assess Real Estate Conditions & Constraints: Factors contributing to the feasibility, or lack thereof, of producing housing at all income levels, such as land cost, availability of financing and subsidies, rent levels required to meet developer and l profit targets, maximum densities, minimum parking requirements, barriers to innovative construction, etc.
 Assess Local Policy Conditions & Constraints: Policies, programs, and incentives adopted by the local jurisdiction to protect tenants at risk of eviction or displacement, preserve existing subsidized or unsubsidized affordable housing, and produce housing at all income levels; existing policies that inhibit the protection, preservation, and production of affordable homes.

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 Identify Opportunity Sites: Individual, or multiple adjacent, parcels with the potential to: a) accommodate new housing (including mixed-use development with a residential component) or b) preserve existing unsubsidized affordable housing or housing with a deed-restriction that will expire in the coming years. Identify sites by ownership type—private individual, privat e entity, public agency, or non-profit.

Quantify potential number of units at different permitted density levels and levels of subsidy required to provide home affordable to extremely-, very-, low-, and moderate-income households. Identify sites eligible for subsidies, favorable financing, or other incentives (i.e., areas competitive for LIHTC funding).

Recommended Potential Policies & Investments
Based any inequities identified in the equity assessment and challenges identified in this housing assessment, create a short-list of potential policies for further investigation and potential inclusion in the Specific Plan:
 Protection: “Just Cause” evictions; Tenant right to counsel; Rent stabilization; SRO and mobile home preservation ordinance/overlay; Condominium conversion ordinance; Targeted rental assistance; Foreclosure mitigation; No net loss/one for one replacement; Tenant right-to-counsel; Tenant legal assistance; Protection or integration of locally owned businesses into new development; Preference policy prioritizing openings in deed-restricted affordable homes for existing residents, and displaced former residents and family members
 Preservation: Housing rehabilitation; Affordable housing preservation overlay zoning (for subsidized and unsubsidized buildings); Community Land Trusts; Tenant Opportunity Purchase Act (TOPA); Acquisition program to convert unsubsidized affordable housing to permanently affordable
 Production: Inclusionary Zoning; Deed-restricted permanently affordable housing on Public Land (with mix of incomes, target 100% of project); Density bonus above state law; Accessory Dwelling Units; Elimination of parking minimums; Increased density through objective development standards; Expand portfolio of public & community- owned land; Integrate universal design and enhance accessibility for persons with disabilities
 Funding: Generated through development (e.g., value capture, impact and linkage fees); Local sources (e.g., finance districts, bonds, impact fees, commercial development impact fees; etc.); State and Federal sources (e.g., HOME, CDBG, tax credits, grants, project-based Section 8, etc.); Innovative funding/finance approaches (e.g., bundle funding sources to deliver housing and provide on-site services, etc.) Recommended Sources:

US Census American Community Survey
US Census Longitudinal Employer-Household Dynamics (LEHD) (data website) California Housing Partnership (CHPC)
Enterprise Community Partners Policy Development & Research Center ABAG Housing Policy & Data Explorer
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California Air Resources Board (CARB) White Paper on Anti-Displacement Strategy Effectiveness
ABAG Housing Element Site Selection (HESS) Tool (release forthcoming)

2C. Mobility
Assess trip patterns, the quality and relative safety of travel by active modes and for persons with disabilities, access to transit and essential services, and vehicle miles traveled for residents and employees of local businesses within and adjacent to the plan area. Identify a preliminary set of policies and investments to enhance reduce VMT multi-modal mobility to integrate into the Plan.

Recommended Assessment
 Trip Patterns: Share of trips by mode, purpose, and length; Commute distance, mode, and travel time for residents and employees of local businesses;  Vehicle Miles Traveled: Median vehicle miles traveled in the Transportation Analysis Zones within and adjacent to the plan area; compare with figures from jurisdiction, county, and region
 Safety: Collision data, including environmental factors (e.g., roadway infrastructure, traffic volumes, community, demographics, land use, health, education) and crash/injury data (e.g., time, severity, collision factors, sobriety, age, gender, type of vehicle, movement) (Note: MTC is developing a regional safety data system that will include these data, with an expected release in late 2021); Identification of high-risk locations and collision patterns; Identification and prioritization of countermeasures.  Pedestrian Access & Circulation: Pedestrian routes between station/terminal, local transit, neighborhood amenities and activity nodes in the planning area, including pedestrian opportunities & challenges, vehicle speed and volume on the routes.  Bicycle Access & Circulation: Bicycle/micromobility3 routes to adjacent activity centers, nodes, and regional routes including class and current opportunities & challenges, vehicle speed and volume on the routes.
 Carshare Access: carshare availability and locations on- or off-street.  Transit: Location, frequency, capacity and reliability of transit serving the plan area, including location and regional service and privately operated shuttles available to the public; Connectivity of services to major transit hubs and ease of transfer. Identify historic trends in transit provision and ridership.
 Parking and Curb Use: Existing parking, transportation demand management, and other relevant policy assessment; Parking and curb use inventory (on- and off-street); Existing parking and curb use regulations; Parking and curb use utilization and duration; Parking supply and demand analysis
 Local policies and constraints: Policies, programs, and incentives adopted by the local jurisdiction or implemented by local employers that impact VMT, active transportation, and transit service. (e.g., free or subsidized parking, transit subsidies,

3 For MTC, micromobility encompasses all small, fully or partially human-powered vehicles (both personal and shared-use fleets), which typically do not exceed 15 mph, such as bikes, e-bikes and e-scooters, as well as specialized vehicle types such as cargo bikes, wheeled mobility-assistance devices, and wheelchairs. 35 CC 02-01-2022
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VMT-based or LOS-based impact review, basis for, and use of, transportation impact fees)

Recommended Potential Policies & Investments
Based on any inequities identified in the equity assessment and challenges identified in this mobility assessment, create a short-list of potential policies for further investigation and potential inclusion in the Specific Plan:
 VMT Reduction: If not completed already, utilize VMT for transportation review processes, including General Plan analyses required for projects in the Plan area; utilize VMT, not LOS, as the basis for identifying any impact fees - create list of mitigations developers can contribute to through impact fees. Mitigations can include transportation demand management measures (e.g., transit passes included in each residential unit), and pedestrian, bicycle and transit access and utilization improvements listed below; Estimate the combined quantitative impact of the transportation-related policies selected for further analysis, such as those below.  Active Transportation (pedestrian and bike): Redesign intersections to optimize the use and safety of active modes; Limit block sizes for new development and establish mid-block crossings for large existing blocks; Consolidate and minimize driveways; Establish =bike parking standards for development and grow bike/scooter parking; Prioritize and add connections to city, countywide and MTC’s Active Transportation Plans, once adopted.
 Transit Access & Utilization: Redesign streets and intersections to improve bus travel and reduce delay; For bus rapid transit routes, dedicate lanes, provide necessary space for ticketing and boarding areas, and provide signal preemption; Create new, or enhance existing, feeder shuttles (public and employer-based); Provide bus bulb outs and shelter at all stops; Improve intermodal access, including way-finding signage, accessible transit information, real-time technology, schedule coordination, fare coordination and last-mile connecting services; designate mobility hubs  Parking and Demand Management: Reduce or eliminate minimum auto parking ratios*; Establish minimum bicycle parking ratio; Establish parking development standards to manage demand, which could include establishing maximum parking ratios and provisions for shared parking, bicycle parking, car share stations, vanpool parking, Electric Vehicle (EV) parking, or other demand management strategies; Establish unbundling requirements; Examine establishing trip caps for commercial development and masterplans; Develop a parking management or curb management plan, including an assessment of a parking pricing program*; Enforce employer programs, including the Bay Area Commuter Benefits Program and State parking cash-out requirements (SB 728)
 Greenhouse Gas Reduction: Provide pathway for electrification of transportation fleets by planning for publicly accessible electric vehicle (EV) chargers, requiring new developments to be EV-ready, and enabling micromobility and carshare charging at key locations in the plan areas, such as mobility hubs 36 CC 02-01-2022
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* Priority policy supporting Plan Bay Area 2050 strategy implementation

Recommended Sources:

Census Transportation Planning Package (data available here) US Census American Community Survey
Vehicle Miles Traveled: consult your County Transportation Agency (CTA) MTC/ABAG Parking Policy Playbook
MTC Parking Toolbox
Mobility Hubs Implementation Playbook

2D. Community Assets, Services and Infrastructure
Identify the availability of essential services and physical infrastructure relative to current and potential future need in the planning area and surrounding community, as well as key assets identified by community members. Assess the stability of these community assets:

How are community/neighborhood serving businesses and cultural institutions performing, what is their risk of displacement, what are the external factors that they are dependent on, etc. Identify a short list of potential policies and investments for further analysis and potential inclusion in the Plan.

Recommended Assessment
 Essential Services & Social Infrastructure: Services essential to meeting residents’ basic needs located inside, or within walking distance (e.g., ¼ mile), of the planning area, such as:
o Health care: Clinics, hospitals, and other physical and mental health services; Pharmacies
o Food and sundries: Full-service grocery stores, convenience stores selling produce, flea markets, farmer’s markets, food banks
o Childcare & Education: Preschools, K-12, Community Colleges, Training Centers
o Open Space & Recreation: Parks, playgrounds, trails
o Community facilities: Libraries, community centers, places of worship and other community institutions.
 Physical Infrastructure: Adequacy of current and planned provision of utilities, including at a minimum:
o Energy (including any existing or planned local generation networks and community choice aggregation programs)
o Waste (including any waste recycling facilities or dual piping policies) o Water
o ZEV Fueling/Charing Infrastructure
o Broadband
 Community Assets: Informed by public engagement, identify community assets— formal and informal gathering spaces, local businesses, parks, community institutions, and other places viewed by residents as important to personal and community vitality. Identify desired assets currently missing from the planning area. 37 CC 02-01-2022
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List any essential services or unmet current needs or services that will require additional capacity at various levels of household growth and commercial development.

Recommended Potential Policies & Investments
Based on any inequities identified in the equity assessment and challenges identified in this Community Assets, Services, and Infrastructure assessment, create a short-list of potential policies for further investigation and potential inclusion in the Specific Plan, such as:
 Essential services: Policies, incentives, and funding strategies to sustain and, where needed, fill gaps, in provision of essential services tailored to the specific characteristics of the community
 Infrastructure: Resource conservation and energy efficiency programs and policies—citywide and specific to the plan area, including the integration of green infrastructure into street upgrades as well as potential opportunities to incentivize the use of innovative technology in new development or public works projects (e.g., Silva cell street trees, microgrids, grey water recycling).  Community Asset Preservation & Enhancement: Strategies to preserve at-risk community assets and enhance existing assets, including land use policies and funding opportunities.
 Placemaking/Place keeping: Process for integrating community-led placemaking (e.g., cultural plazas, community centers, public art) into future public works and development projects; New public spaces (parks, paseos, plazas, community centers) designed to acknowledge community presence and contributions by amplifying community history and culture, meeting community needs and supporting community aspirations.
2E. Resilience & Climate Adaptation
Assess the relative vulnerability of the plan area and surrounding communities to natural hazards, taking into account anticipated climate change and seismic impacts. Identify potential investments, policies or programs to better adapt the community to these vulnerabilities and poise the community to respond to future conditions and events.

Recommended Approach
 Plan Integration:
o Reference Other Resilience Plans and Initiatives: Include a summary of existing analysis and actions that overlap with the plan area. Include a review for relevant elements of the Climate Adaptation Plan, Local Hazard Mitigation Plan, General Plan Safety Element and other hazard specific plans (e.g., shoreline adaptation plan, community wildfire protection plan). When available the approach should leverage any vulnerable community, mapping completed to meet the requirements of SB 379 or SB 1000.  Natural Hazard Vulnerability:
o Sea Level Rise & Flooding: Susceptibility to flooding today and under multiple future scenarios, including different levels of sea level rise. Use the best available science to consider future sea level rise levels – in 2021 the best 38 CC 02-01-2022
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available guidance is from the Ocean Protection Council’s Strategic Plan.

Identify any portions of the plan area at high risk due to topographic conditions or proximity to the waterline and note policies or adaptations to date intended to address this risk (e.g., raised buildings or development sites). o Wildfire: Exposure to wildfire hazard, accounting for both most recently updated CalFire maps and the potential impacts of climate change. Identify any adopted policies intended to address this risk.
o Earthquake/Seismic: Levels of ground shaking, fault rupture and liquefaction risk. Drawing upon available records, identify the relative seismic vulnerability of the building stock in the plan area, noting buildings likely to require seismic upgrades. Identify any adopted policies intended to address this risk.
 Environmental Quality:
o Air Quality: Identify areas of poor air quality and existing and potential future hot weather events, particularly in locations with concentrations of sensitive populations such as children and elders.
o Tree canopy/Greenspace: Tree canopy in various parts of the plan area; percent of surface impermeable, etc.
o Water Quality: Areas with currently or potentially compromised water quality, including potentially elevated hazards that may result from climate change.
o Environmental Contamination: Sites with known environmental contamination identified by the US EPA or California DTSC. In all areas, identify locations with land use restrictions or open cases; in areas predicted to experience inundation due to Sea Level rise, identify locations with land use restrictions, open cases, or closed cases.

Recommended Potential Policies and Investments:
 Adaptation: Policies to adapt the area’s buildings and infrastructure, such as requiring higher finished floor elevations, retrofitting existing infrastructure, financing for new flood protection infrastructure and integrating resilient design features into public works projects. Investments to respond more resiliently to events such as flooding and wildfires, such as parks designed to detain stormwater, microgrids, and buffer zones. Identify necessary adaptation investments within or adjacent to the Plan area.  Mitigation: Policies and investments to improve air quality, reduce ambient temperatures, and stem potential flooding and wildfire in the plan area. Depending upon the specific vulnerability profile of the plan area, this may include actions such as expanding the tree canopy, requiring structural hardening of buildings, constructing levees, or establishing wildfire buffer zones.  Increased Community Preparedness: Programs to educate and engage community members and businesses in preparing for, and responding to, a natural disaster, such 39 CC 02-01-2022
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as Community Emergency Response Team (CERT) training; Integration of community hubs into new development.

Recommended Sources
 Mapping Tools
o MTC/ABAG Hazard Viewer and Open Data
o BCDC SLR Flood Explorer
o NOAA or COSMOS SLR
o CalAdapt
o BCDC’s Community Vulnerability Maps
 Resilience Planning Guides
o BCDC Adaptation Roadmap
o CA Adaptation Planning Guide 2.0
o OPR Vulnerable Communities Guidance

Additional Topics
Provided that the topics above have been addressed, grantees are encouraged to assess and develop policy options for additional topics such as:
 Development standards (evaluate current standards and options for revised standards, including approaches such as a form-based code)
 Economic development (assess composition of businesses within and adjacent to the plan area, identify clusters, recommend potential approaches to enhancing emerging clusters and/or supporting middle-wage jobs, etc.)

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3. ADOPTED PLAN DOCUMENTS
Drawing upon input from public engagement and investigation of the potential policies and investments included in the community assessment, create a draft and final Specific Plan that is adopted by the City Council or County Board of Supervisors along with an accompany Environmental Impact Report (EIR) and amendments to the Zoning ordinance, General Plan, and any other local policies. As noted below,

3A. Specific Plan
Building upon Engagement and the Community Assessment & Potential Policies, produce a user-friendly Draft and Final Specific Plan with a coherent set of policies and programs that facilitate short- and long-term implementation.

Suggested Specific Plan Sections/Topics
The sections below represent one way to organize the Specific Plan. Plans may be organized differently but should address each topic.
 Introduction: Intent, organization and summary of Plan  Vision: Plan goals, concepts and desired outcomes. Include key findings from the engagement and community assessment/policy development processes and describe how they inform the Plan
 Development Standards: Zoning Districts (land uses, density, height); Urban & Architectural Design (setbacks, building façades, solar orientation, groundfloor transparency); Parking (maximum parking ratios, shared parking, adaptability to autonomous vehicles and reduced car ownership); Conservation (energy, water, and waste reduction standards; green building strategies exceeding Title 24 if applicable); Community Benefits (e.g. affordable housing, public spaces, community facilities, or other amenities that can be provided in exchange for higher densities or other developer benefit); Broadband/Fiber Optic connectivity (last mile or conduit to curb fiber optic requirements, rights to locate wireless sensors for public network, “stub out”, etc.).
 Open Space: Parks and public spaces; Off-street trails; Habitat conservation and enhancement areas; Public and private open space standards.  Mobility: Street designations (identifying streets in plan area by designation); Complete streets design standards (standard cross-sections, including provisions for pedestrians, bicycles, transit, parking, and green infrastructure where applicable— should be at appropriate level of detail to guide future projects); Accessibility  Community Assets & Infrastructure: Schools/job training centers; Health care and social services; Community centers; Water supply (including water recycling/reuse); Stormwater/Green Infrastructure; Sewage and Solid Waste; Energy (including renewable energy generation and distribution). Integrate area with jurisdiction’s Broadband/Fiber Optic Master Plan; “Future-proof” development by requiring or incentivizing the integration of ZEV Fueling/Charging Infrastructure, dual piping, etc. into development projects.
 Implementation & Financing: Project ad ministration; Implementation actions and programs—identifying responsible partie s, timelines, and costs; Capital improvements (specific street segments, trails, community facilities, etc. required to complete plan—including cost estimates, funding sources and timelines.) 41 CC 02-01-2022
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 Optional implementation sections: Trip Caps, Healthy Infill development standards, Infrastructure Finance, opportunities for contribution to Fiber Optic infrastructure, innovative proposals by applicants
 Appendices: General Plan Amendments; Zoning Amendments; Additional policies/regulations (e.g., design guidelines)

3B. Environmental Impact Report (EIR)
Produce a certified environmental document that meets the requirements of the California Environmental Quality Act (CEQA) and provides adequate analysis of potential impacts resulting from implementation of the Specific Plan, and mitigations to address these potential impacts, to minimize the need for additional review of future projects consistent with the Plan, and to facilitate the use of CEQA streamlining provisions for infill development.

Typically, a programmatic EIR is necessary to facilitate this outcome.

Exceptions to completing the full EIR will be allowed if applicant can demonstrate that a programmatic environmental analysis that includes the entire planning area and the level of growth anticipated in the plan has been certified within the past 5 years, eliminating the need for substantial additional environmental analysis for projects consistent with the Plan.

EIR Components:
 Notice of Preparation (NOP)/Initial Study: Brief description of the Draft Plan, its location, and probable environmental effects
 Scoping Meeting(s) & Report: Public meeting(s) to receive feedback on NOP/initial study and to identify additional issues pertinent to the Draft Plan; following the meeting(s), report documenting feedback.
 Draft Environmental Impact Report (DEIR): Document analyzing the potential environmental impacts identified in the Initial Study and wherever possible identifying mitigations to minimize impacts. Refer to the California Office of Planning and Research (OPR) Guide for additional guidance.  Notice of Completion: Document indicating that a DEIR has been prepared for the Draft Plan
 Final Environmental Impact Report (FEIR): Copy of, or revision to, the Draft EIR; comments on the Draft EIR and response to these comments; and any additional information
 Notice of Determination: Brief notice indicating approval of EIR All environmental documents must incorporate provisions of SB375, SB743 and any recent CEQA-related legislation.

3C. Plan Adoption, Zoning Code Update, & General Plan Amendment:

Outcome: City Council or Board of Supervisors Resolutions and Ordinance adopting Plan and amending General Plan, Zoning Code, Zoning Map, and any other relevant policies and regulatory documents

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CITY OF CUPERTINO
Agenda Item
22-10404 Agenda Date: 2/1/2022
Agenda #: 1.

Subject: Re-Issued Proclamation honoring Paul Haayer for his military service Present Re-Issued Proclamation honoring Paul Haayer for his military service CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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fa WHEREAS, TheCityofCupertinowishestorecognizethoseyoungmenand ' ._l women from the community who fought and risked their lives in _ - l the Persian Gulf conflict; and
a WHEREAS, Special acknowledgement should be given to those service people " who showed outstanding valor in the face of extreme danger; and ' - WHEREAS, Marine Corporal Paul Haayer, a gunner who operated a light " armored vehicle (LAV) in the battle for Kuwait, is especially a deserving of recognition for courageous efforts during the U.S. ' land war involvement; and
WHEREAS, Paul was the first Marine LAV in Kuwait, doing advance reconnaissance ahead of the main strike force, and this put him in several life-threatening situations; and
.' WHEREAS- During the course of the operation, he passed through rninefields . known as "The Gates of Hell," found his vehicle in the midst of an Iraqi bunker complex, traveled through thick, black smoke, and, when the air cleared, came face to face with two heavy armored " tanks; and
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a3 THEREFORE, I, Mayor Darcy Paul, and the Cupertino City Council do hereby re- '. issue this Proclamation of May 20th, 1991, and commend: -'=:

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J'_- o-f6r.is'outstanding service to his country and community and wish him continued'go6d.'lJ:-J-f '.a " fojt"rie.and success in all future endeavors. :.. :N'$5N:ESS-THEREOF,Ihavehereuntosetmyhandandcausedtheseal.of$e'.'City:fi_::'( ' .".'.qtiNertiff6.5to 'bee affixed this Tuesday, February First, Two Thousand arid 'Twer% Tio.'ry':, , :,- . .1" *, .. , . . S ' a ' g a. :" .. , , ' a A . ' . . . .. , . *, . J. . . : '.i - ,:, - l.. . .. .'i a. :a. . a. il,.. .. '-'. L; € =ga7s:,L4-J:t-:.-": ,)_-_';':' - . - J_."-'..===-='=.=====.._====.. '=.==' =.. i (?_., -_-.. ..... !
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CITY OF CUPERTINO
Agenda Item
22-10327 Agenda Date: 2/1/2022
Agenda #: 2.

Subject: Recognition of Fine Arts Commission Artists Award winners Present awards to Fine Arts Commission Artist Award winners CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
21-10213 Agenda Date: 2/1/2022
Agenda #: 3.

Subject: Brief reports on councilmember activities and brief announcements Receive brief reports on councilmember activities and brief announcements CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
21-10224 Agenda Date: 2/1/2022
Agenda #: 4.

Subject: Report on Committee assignments
Report on Committee assignments
CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
21-10235 Agenda Date: 2/1/2022
Agenda #: 5.

Subject: City Manager update
Receive City Manager update on emergency response efforts and other City business CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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CITY OF CUPERTINO
Agenda Item
21-10295 Agenda Date: 2/1/2022
Agenda #: 6.

Subject: Approve the January 13 City Council minutes
Approve the January 13 City Council minutes
CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Thursday, January 13, 2022

SPECIAL MEETING

At 6:4 6 p.m. Mayor Darcy Paul called the Special City Council meeting to order. This was a teleconference meeting with no physical location.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.

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) 50 CC 02-01-2022
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City Council Minutes January 13, 2022

Written Communications for this item included a staff presentation , Updated Attachment B - Draft Ordinance for Z -2018-02, Amended Attachment C – Draft Resolution for DP-2018-07, and emails to Council.

Housing Manager Piu Ghosh gave a presentation.

Councilmembers asked questions and made comments.

Mayor Paul opened the public hearing and the following people spoke.

Jennifer Furlong, on behalf of the Cupertino Historical Society, requested salvaging the foothill sign to add to the Society’s collection.

Jennifer Griffin supported the project including the housing options and retail component.

City Clerk Kirsten Squarcia read emails on behalf of the following people.  Candice and Brandon Smith, supporting approval of the proposed development.  Andrew Wang , supporting replacing the proposed Nandina and Lantana plant species with California native plant species alternatives.

Mayor Paul closed the public hearing.

Councilmembers asked questions and made comments.

City Clerk Kirsten Squarcia read the title 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).

Chao moved and Paul seconded as amended to:

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 as amended:
“An Ordinance of the City Council of the City of Cupertino approving the Rezoning of two parcels from Planned Development with General Commerc ial Uses (P(CG)) to Planned Development with General Commercial and Residential Uses (P(CG, Res))" (Z-2018-02);
C. Adopt Resolution No. 22 -002 as amended approving the Development Permit (DP-2018-07);
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City Council Minutes January 13, 2022

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); H. Amend the conditions of approval to add staff authority to negotiate the landscaping choices for climate appropriate and/or native plants; I. Amend the conditions of approval to require concurrent construction of residential and commercial building.

Vice Mayor Chao made a substitute motion to continue th e item for the applicant to consider a potential General Plan Amendment , so that the project complies with the amended General Plan. There was no second and the substitute motion died. The main motion carried unanimously. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None.

Abstain: None. Absent: None.

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))” (Z - 2020-001) (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 (ASA - 2020-003) (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).

Written Communications for this item included a staff presentation , Amended Attachment C – Draft Resolution for DP-2020-001, and emails to Council. 52 CC 02-01-2022
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Housing Manager Piu Ghosh gave a presentation.

Mayor Paul opened the public hearing and the following people spoke.

Jennifer Furlong, on behalf of the Cupertino Historical Society, requested salvaging the mini mart liquor store sign to add to the Society’s collection.

Jean Bedord supported approval of the development project.

City Clerk Kirsten Squarcia read an email on behalf of the following people.  Andrew Wang supporting replacing the proposed Nandina, Lantana, and Pyrus plant species with California native plant species alternatives.

Mayor Paul closed the public hearing.

Councilmembers asked questions and made comments.

Paul moved and Moore seconded the staff recommendation as amended to:

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

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))” (Z- 2020-001);

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

4. Adopt Resolution No. 22 -009 approving the Architectural and Site Approval (ASA- 2020-003);

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

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

7. Amend the conditions of approval to increase the BMR fee to be deposited into the City’s BMR fund by the amount of ec onomic value of 0.35 of a moderate BMR unit provided by the applicant, less the impact fee calculated under BMR program manual;

8. Direct staff to take Council’s direction related to addressing visual clutter in private open space areas and work with the app licant to ensure that the aesthetic integrity of the project is preserved with respect to deck railing materials and finishes; and
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9. Amend the conditions of approval to add staff authority to negotiate the landscaping choices for climate appropriate and/or native plants.

The motion carried unanimously. Ayes: Moore, Wei, Willey, Chao, and Paul. Noes:

None. Abstain: None. Absent: None.

Vice Mayor Chao commented that she believes the project does not completely align with the General Plan or past practices of Cupertino and that the City Council is allowing it only to comply with the Housing Accountability Act. She believes that the General Plan required ground floor commercial at this site.

Councilmember Moore commented that she believes the General Plan allo ws residential development at the project site only on the upper floors.

ADJOURNMENT

At 10:06 p.m., Mayor Paul adjourned the Regular City Council Meeting.

_________________________
Kirsten Squarcia City Clerk

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CITY OF CUPERTINO
Agenda Item
21-10246 Agenda Date: 2/1/2022
Agenda #: 7.

Subject: Approve the January 18 City Council minutes
Approve the January 18 City Council minutes
CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, January 18, 2022

At 6:45 p.m. Mayor Darcy Paul called the Regular City Council meeting to order. This was a teleconference meeting with no physical location.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for the meeting.

CEREMONIAL MATTERS AND PRESENTATIONS

1. Subject: Proclamation recognizing the Cupertino Library Foundation for its efforts through the pandemic in outreach and programming, as well as f or their work on supporting the Library Expansion efforts
Recommended Action: Present proclamation recognizing the Cupertino Library Foundation for its efforts through the pandemic in outreach and programming, as well as for their work on supporting the Library Expansion efforts

Jim Davis and Kiran Varshnaya received the proclamation on behalf of the Cupertino Library Foundation.

Mayor Paul presented the proclamation recognizing the Cupertino Library Foundation for its efforts through the pandemic in ou treach and programming, as well as for their work on supporting the Library Expansion efforts.

2. Subject: Proclamation to the Hindu Swayamsevak Sangth, USA Inc. non-profit supporting the "Health for Humanity - Yogathon" also known as "Surya Namaskar Yajina" (Sun Salutation Yogathon) held from January 15 to January 30, 2022 Recommended Action: Present proclamation to the Hindu Swayamsevak Sangth, USA Inc. non-profit supporting the "Health for Humanity - Yogathon" also known as "Surya Namaskar Yajina" (Sun Salutation Yogathon) held from January 15 to January 30, 2022

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Vandana Pathak received the proclamation on behalf of the Hindu Swayamsevak Sangth, USA Inc. non-profit and gave a presentation.

Mayor Paul presented proclamation to the Hindu Swayamsevak Sangth, USA Inc. non- profit supporting the "Health for Humanity - Yogathon" also known as "Surya Namaskar Yajina" (Sun Salutation Yogathon) held from January 15 to January 30, 2022.

POSTPONEMENTS AND ORDERS OF THE DAY - None

ORAL COMMUNICATIONS

Shani Kleinhaus opposed the relocation of City of Cupertino employee Keith Wandry from McClellan Ranch to the Senior Center and requested a review of the decision.

Kendra Rosenburg requested Council review the definitions for ADUs (Accessory Dwelling Units) in certain zones to convert existing crawl spaces. (Submitted written comments).

Douglas Pasos was concerned about his neighbor frequently parking in the fire lane and using an illegally installed bright light fixture which faces his unit. (Submitted written comments).

REPORTS BY COUNCIL AND STAFF (10 minutes)

3. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements

Council received brief reports on councilmember activities and brief announcements.

4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments

Councilmembers highlighted the activities of their various committees.

5. Subject: City Manager update
Recommended Action: Receive City Manager update on emergency response efforts and other City business

Council received the City Manager update on emergency response efforts.

CONSENT CALENDAR (Items 6-13)

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Moore moved and Wei seconded to approve the items on the Consent Calendar except for Item Nos. 9, 12, and 13 which were pulled for discussion. Ayes: Paul, Moore, Wei, and Willey. Noes:

None. Abstain: Chao. Absent: None.

6. Subject: Approve the December 21 City Council minutes Recommended Action: Approve the December 21 City Council minutes

7. Subject: Approve the January 3 City Council minutes
Recommended Action: Approve the January 3 City Council minutes

8. Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period January 20, 2022 through February 16, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Adopt Resolution No. 22-012 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period January 20, 2022 through February 16, 2022 pursuant to the Brown Act, as amended by AB 361

9. Subject: Consider approving the attached addendum to the Memoranda of Understanding between the City of Cupertino and the Cupertino Employees Association (CEA)/IFPTE Local 21 and Operating Engineers Union Local No. 3 (OE3) AFL-CIO, for the period of July 16, 2019 to June 30, 2022 adding a City -sponsored Section 125 Premium Only (POP) Plan and modifying existing leave sell-back provisions in compliance with IRS “constructive receipt” doctrine.

Recommended Action : Approve the attached addendums to adopt a City -sponsored Section 125 Premium Only (POP) Plan and modify existing leave sell-back provisions in compliance with IRS “constructive receipt” doctrine.

Written Communications for this item included Attachment C - Operating Engineers Union Local No. 3 (OE3) Side Letter Agreement.

Administrative Services Director Kristina Alfaro reviewed the staff report.

Councilmembers asked questions and made comments.

Paul moved and Willey seconded to approve the addendums to adopt a City - sponsored Section 125 Premium Only (POP) Plan and modify existing leave sell -back provisions in compliance with IRS “constructive receipt” doctrine. The motion carried unanimously.

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10. Subject: Consider Accounts Payable for the period ending December 6, 2021 Recommended Action: Adopt Resolution No. 22-013 accepting Accounts Payable for the period ending December 6, 2021

11. Subject: Consider Accounts Payable for the period ending December 13, 2021 Recommended Action: Adopt Resolution No. 22-014 accepting Accounts Payable for the period ending December 13, 2021

12. Subject: Consider Accounts Payable for the period ending December 20, 2021 Recommended Action: Adopt Resolution No. 22-015 accepting Accounts Payable for the period ending December 20, 2021

Vice Mayor Chao left the meeting at 7:35 p.m.

Councilmembers asked questions and made comments.

Finance Manager Zach Korach answered questions.

Council unanimously consented to table this item to February 1 pending staff provisions of materials requested by Councilmembers (Chao absent).

13. Subject: Consider Accounts Payable for the period ending January 3, 2022 Recommended Action: Adopt Resolution No. 22-016 accepting Accounts Payable for the period ending January 3, 2022

Councilmembers asked questions and made comments.

Acting Public Works Director Jimmy Tan answered questions.

Council unanimously consented to table this item until February 1 pending staff provisions of answers to Councilmember questions (Chao absent).

SECOND READING OF ORDINANCES - None

PUBLIC HEARINGS

14. Subject: Abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 21-112; hearing for impacted property owners to contest the matter of proposed abatement Recommended Action: Adopt Resolution No. 22-017 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino 59 CC 02-01-2022
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Municipal Code Chapter 9.08 and Resolution No. 21-112; and conduct hearing for impacted property owners to contest the matter of proposed abatement

Written Communications for this item included a staff presentation.

City Clerk Kirsten Squarcia gave a presentation.

Councilmembers asked questions and made comments.

Santa Clara County Weed Abatement Manager Moe Kumre answered questions.

Mayor Paul opened the public hearing and the following person spoke.

Lisa Warren asked about the County’s required methods for parcel owners to abate.

Mayor Paul closed the public hearing.

Paul moved and Willey seconded to adopt Resolution No. 22-017 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 21-112. The motion carried unanimously with Chao absent.

15. Subject: Consider Development and Architectural and Site Approval permits that would allow the replacement of seven (7) storage buildings, with three (3) new buildings between one (1) and three (3) stories in height to allow for a 166,845 sq. ft . storage facility; Consider a Fence Exception request to allow electronic vehicular gates and a Tree Removal Permit request to allow the removal and replacement of eight (8) protected trees. (Application No(s): DP-2019-05, ASA-2019-05, EXC-2019-04, TR-2019- 048; Applicant(s): Emilia Samudio (Jordan Architects); Location: 10655 Mary Ave.; APN: 326-06-050)
Recommended Action: Staff, in accordance with draft resolutions (Attachments A-D), recommends that the City Council:

1. Find the project exempt from CEQA;

2. Adopt Resolution No. 22-018 approving the Development Permit (DP-2019-05);

3. Adopt Resolution No. 22-019 approving the Architectural and Site Approval (ASA- 2019-05);

4. Adopt Resolution No. 22-020 approving the Fence Exception (EXC-2019-04);

5. Adopt Resolution No. 22-021 approving the Tree Removal Permit (TR-2019-048)

Written Communications for this item included a staff presentation.

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Director of Community Development Ben Fu introduced the item.

Senior Planner Gian Martire gave a presentation.

Curtis Leigh, Principal and Partner for Hunter Properties, gave an introduction.

Marcello Quiroga, Senior Project Manager for Jordan Architects, gave a presentation.

Council recessed from 8:11 p.m. to 8:17 p.m.

Councilmembers asked questions and made comments.

Vice Mayor Chao rejoined the meeting at 8:20 p.m.

Mayor Paul opened the public hearing and, seeing no one, closed the public hearing.

Moore moved and Willey seconded the staff recommendation with an amendment to require MERV 13 or better air filtration in the manager’s habitation unit upstairs. Wei made a friendly amendment to include the office unit downstairs . (Moore and Willey accepted the friendly amendment).

Final Motion:

Moore moved and Willey seconded the staff recommendation as amended to:

1. Find the project exempt from CEQA;

2. Adopt Resolution No. 22-018 approving the Development Permit (DP-2019-05) as amended to modify Condition No. 11;

3. Adopt Resolution No. 22-019 approving the Architectural and Site Approval (ASA- 2019-05);

4. Adopt Resolution No. 22-020 approving the Fence Exception (EXC-2019-04);

5. Adopt Resolution No. 22-021 approving the Tree Removal Permit (TR-2019-048); and

6. Modify DP-2019-05 Condition No. 20 to add a requirement for MERV 13 or better air filtration in both the manager’s habitation unit upstairs and the office unit downstairs.

The amended motion carried unanimously.

ORDINANCES AND ACTION ITEMS

16. Subject: Athletic Field Use Policy Update
Recommended Action: Receive an update on the Athletic Field Use Policy and provide direction on next steps.
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Parks and Recreation Director Joanne Magrini gave a presentation.

Mayor Paul opened the public comment period and the following people spoke.

Manav and Nivedita Meethan supported allowing field use for cricket on Sundays.

Hemant Buch supported keeping fee s the same and increasing Sunday usage for the cricket field.

Mohak supported the use and availability of Library Field as a cricket field.

Ashrith Chinnam and his father supported having a cricket field open one or two days a week.

Shiva K supported cricket field usage on Sundays at Library Field.

Mayor Paul closed the public comment period.

Councilmembers asked questions and made comments.

Chao moved and Willey seconded the staff recommendation with a pilot program until June 30, 2022 to allow up to the maximum of one Sunday game per month for Library Field, which is the only Cricket field in the entire city. The impact to the residents will be assessed in 6 months. Council did not vote on this motion.

Chao amended her motion (accepted by Willey) to move the staff recommendation with a pilot program until June 30, 2022 to allow up to the maximum of one Sunday reservation per month (for Cricket use) for Library Field. This is because Library Field is the only Cricket field in the entire city. The impact to the residents will be assessed in 6 months. During the pilot:
 The current limit of 2 Sunday reservations for games per year for the Cricket use of Library Field will be waived.
 The current limit of max 10 Sunday reservations for the Library Field per year could be adjusted by staff to 15 Sunday reservations.

The amended motion carried unanimously.

ORAL COMMUNICATIONS - CONTINUED (As necessary) – None

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

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Councilmembers added the following future agenda items.

 Consider amendments to the General Plan language to avoid a situation where the City Council's privilege of making alterations to a proposed housing proj ect is limited due to the Housing Accountability Act (Moore/Willey/Chao)
 Consider forming a subcommittee to review every housing element site and planned development zoning district site (to apply with a residential development) to consider development standards for each parcel; with the timing to be in conjunction with the Housing Element (Chao/Moore)

ADJOURNMENT

17. Subject: Adjourn in memory of former Cupertino Mayor John Gatto

At 10:19 p.m., Mayor Paul adjourned the Regular City Council Meeting in memory of former Cupertino Mayor John Gatto.

_________________________
Kirsten Squarcia City Clerk

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CITY OF CUPERTINO
Agenda Item
22-10401 Agenda Date: 2/1/2022
Agenda #: 8.

Subject: Consider Accounts Payable for the period ending December 20, 2021 Adopt Resolution No. 22-015 accepting Accounts Payable for the period ending December 20, 2021 CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: February 1, 2022

Subject
Consider Accounts Payable for the period ending December 20, 2021

Recommended Action
Adopt Resolution No. 22‐015 accepting Accounts Payable for the period ending December 20, 2021

Discussion
The draft resolution and accounts payable report were presented to City Council on January 18, 2022. Councilmember Moore had requested the consent item be pulled and had inquired about check no. 729290 dated 12/17/2021 made payable to Cupertino Chamber of Commerce in the amount of $8,000.00. Councilmember Moore inquired whether there was a contract in place as sh e was unable to locate. Staff were directed to provide further information at the subsequent City Council meeting.

As such, the City Manager’s Office has researched and while the invoice references that the charges are for a “City Annual Contract,” it is actually referencing the City’s a nnual partnership with the Chamber of Commerce. There is no contract and this payment has historically been treated as a partnership/membership fee. Although, and since the Economic Development Division was reorganized in the City Manager’s Office, a written agreement to memorialize the benefits the City receives from this partnership has been pursued and is expected to be completed in the next month.

Fiscal Impact
No fiscal impact.

_____________________________________

Prepared by: Zach Korach, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by:  Jim Throop, City Manager
Attachments:
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A – Draft Resolution
B – AP Report

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RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE

AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR

GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING

December 20, 2021

WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and

WHEREAS, the said claims and demands have been audited as required by law.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby allow the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register.

CERTIFIED: _____________________________
Zach Korach, Finance Manager

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of February, 2022, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

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Resolution No. __________________

SIGNED:

________
Darcy Paul, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
729282 12/13/2021 Open Accounts Payable Cupertino Hotel $183.90 Invoice Date Description Amount
2022-00000308 10/22/2021 Boris Stanley Meal Service for 10/17/21 and 10/21/21 $183.90 729283 12/17/2021 Open Accounts Payable ADVANTAGE GRAFIX $106.94 Invoice Date Description Amount
46147 11/04/2021 Business Cards - Tina Kapoor $106.94
729284 12/17/2021 Open Accounts Payable AT&T $337.40
Invoice Date Description Amount
000017164481 10/12/2021 911 Emergency Phone Lines - 09/12/2021 - 10/11/2021
$153.72
000017453110 12/12/2021 911 Emergency Phone Lines - 11/12/2021 - 12/11/2021
$183.68
729285 12/17/2021 Open Accounts Payable AVOCETTE TECHNOLOGIES INC. $7,507.50 Invoice Date Description Amount
2111CU1 11/30/2021 Accela FY22 Configuration services & Business License Nov 2021
$7,507.50
729286 12/17/2021 Open Accounts Payable CINTAS CORPORATION $2,247.32 Invoice Date Description Amount
4103917285 12/07/2021 UNIFORMS SAFETY APPAREL $1,123.66 4104617598 12/14/2021 UNIFORMS SAFETY APPAREL $1,123.66 729287 12/17/2021 Open Accounts Payable COLLEEN LOPEZ $1,200.00 Invoice Date Description Amount
2021-6 12/10/2021 Housing Consultant 2021/11 $1,200.00
729288 12/17/2021 Open Accounts Payable COMCAST $2,162.67 Invoice Date Description Amount
3310-120721 12/07/2021 8155 40 065 0183310 -120721 $2,162.67 729289 12/17/2021 Open Accounts Payable COUNTY OF SANTA CLARA $1,290,467.25 Invoice Date Description Amount
1800078855 11/01/2021 Advance for Law Enforcement Svs (Nov 2021) $1,290,457.25 1800078811 10/28/2021 LIVE SCAN SERVICES SEPT 2021 $10.00 729290 12/17/2021 Open Accounts Payable CUPERTINO CHAMBER OF

COMMERCE
$8,000.00
Invoice Date Description Amount
12927 08/10/2021 Chamber Annual Contract - First Installment $8,000.00 729291 12/17/2021 Open Accounts Payable Darlene Rochkind $197.87 Invoice Date Description Amount
10180 12/11/2021 interpreting services for Signing Santa $197.87 729292 12/17/2021 Open Accounts Payable DENCO SALES COMPANY, INC. $388.79 Invoice Date Description Amount
8781818-00 12/08/2021 Grounds - Material for Field Closed Signs $388.79 729293 12/17/2021 Open Accounts Payable DEVIL MOUNTAIN WHOLESALE

NURSERY, INC
$8,244.50
Invoice Date Description Amount
2059/7 12/10/2021 Trees/ROW - Trees $7,190.51
Tuesday, December 21, 2021Pages: 1 of 8user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 69 CC 02-01-2022
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
10922/3 12/14/2021 Trees/ROW - Trees $1,053.99
729294 12/17/2021 Open Accounts Payable Eshverya Gianchandani $55.00 Invoice Date Description Amount
EshveryaG101521 10/15/2021 Reimbursement - Crew SV Luncheon $55.00 729295 12/17/2021 Open Accounts Payable FRANCHISE TAX BOARD $14,253.52 Invoice Date Description Amount
DGWithholding1 12/16/2021 Income Tax for Daniel Gertmenian #883685572 $14,253.52 729296 12/17/2021 Open Accounts Payable James Throop $57.00 Invoice Date Description Amount
Throop11821 11/08/2021 Live Scan and Fingerprinting Reimbursement $57.00 729297 12/17/2021 Open Accounts Payable MOUNTAIN VIEW GARDEN CENTER
$1,712.49
Invoice Date Description Amount
108587 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108583 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108578 12/08/2021 Grounds - 4Yard Red Pro Chip $244.22
108595 12/09/2021 Grounds - 2yds Red Pro Chip $122.11
108599 12/10/2021 Streets - Sand for Sandbags $857.72
729298 12/17/2021 Open Accounts Payable MUNICIPAL MAINTENANCE

EQUIPMENT, INC
$384,130.50
Invoice Date Description Amount
0165944-IN 12/15/2021 Streets - Vac-Con Sewer & Storm Drain Cleaner $384,130.50 729299 12/17/2021 Open Accounts Payable OTIS ELEVATOR COMPANY $8,772.12 Invoice Date Description Amount
100400515232 09/13/2021 Facilities - Library Maintenance 10-1-21 to 9-30-22 $8,772.12 729300 12/17/2021 Open Accounts Payable TRACER GOLF USA $212.43 Invoice Date Description Amount
#INV-003194 11/30/2021 golf tees to sell in pro shop $212.43 729301 12/17/2021 Open Accounts Payable TYLER TECHNOLOGIES, INC. $701.37 Invoice Date Description Amount
Invoice-65976 12/01/2021 SELF SEAL 1099 ENV $701.37
729302 12/17/2021 Open Accounts Payable LARRY KLEIN $794.00 Invoice Date Description Amount
277809 12/13/2021 REFUND 10236 CRESTON DR TR-2021-042

WITHDRAWN
$794.00
729303 12/17/2021 Open Accounts Payable Liaw, Hai-Pyng $402.00 Invoice Date Description Amount
262993 12/14/2021 Refund for tree fee - insufficient space for planting $402.00 729304 12/17/2021 Open Accounts Payable Ng, Ofelia $39.34 Invoice Date Description Amount
12162021 12/16/2021 Laptop Bag Reimbursement: Nordstrom - DUCHAMP Office Backpack
$39.34
Tuesday, December 21, 2021Pages: 2 of 8user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 70 CC 02-01-2022
70 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729305 12/17/2021 Open Accounts Payable Nokhoda, Shazia $44.80 Invoice Date Description Amount
11192021 11/19/2021 Petty Cash for Shazia Nokhoda: Preschool - Thanksgiving Projects
$44.80
729306 12/17/2021 Open Accounts Payable STACIE VARIAN $196.44 Invoice Date Description Amount
279351 12/09/2021 REFUND 10445 SAN FERNANDO AVE BLD-2021- 2338 WITHDRAWN
$196.44
729307 12/17/2021 Open Accounts Payable THOMAS JAMES HOMES $5,000.00 Invoice Date Description Amount
270129 12/14/2021 10742 Carver Dr., Encroachment, 270129 $5,000.00 729308 12/17/2021 Open Accounts Payable THOMAS JAMES HOMES $37,000.00 Invoice Date Description Amount
269874 12/14/2021 10206 Orange Ave,100%L&M Bond, 269874 $37,000.00 729309 12/17/2021 Open Accounts Payable TIFANIE DANIELS $176.80 Invoice Date Description Amount
277109 12/10/2021 REFUND 10108 S TANTAU AVE BLD-2021-1625

SCOPE OF WORK CHANGE
$176.80
Type Check Totals: 28 Transactions $1,774,591.95
EFT
33219 12/13/2021 Open Accounts Payable Darcy Paul $1,264.06 Invoice Date Description Amount
DarcyP102921 10/29/2021 Reimbursement - League of CA Cities Conference (Travel)
$144.48
DarcyP110321 11/03/2021 Reimbursement - 11/3 Meeting with FBI Special Agents
$56.72
DarcyP102821 10/28/2021 Reimbursement - 9/29 - 10/28 Cell Phone $116.44 DarcyP112821 11/28/2021 Reimbursement - 10/29 - 11/28 Cell Phone $116.44 DarcyP09282021 09/28/2021 Reimbursement - 8/29 - 9/28 Cell Phone $116.51 DarcyP102021 10/20/2021 Reimbursement - 10/20 Boris Stanley Dinner $233.00 DarcyP102121 10/21/2021 Reimbursement - 10/21 Boris Stanley Lunch $480.47 33220 12/13/2021 Open Accounts Payable EMPLOYMENT DEVEL DEPT $48,981.42 Invoice Date Description Amount
12032021 12/03/2021 CA State Tax pp 11/20/21-12/3/21 $48,981.42 33221 12/13/2021 Open Accounts Payable IRS $153,308.59
Invoice Date Description Amount
12032021 12/03/2021 Federal Tax pp 11/20/21-12/3/21 $153,308.59 33222 12/16/2021 Open Accounts Payable P E R S $486,351.36 Invoice Date Description Amount
12032021 12/03/2021 PERS pp 11/20/21-12/3/21 $486,351.36 33225 12/17/2021 Open Accounts Payable 4 PAWS GOOSE CONTROL $1,850.00 Invoice Date Description Amount
1640 12/07/2021 Grounds - Nov 2021 Goose Control Services $1,850.00 Tuesday, December 21, 2021Pages: 3 of 8user: Vi Tran
Payment Register
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 71 CC 02-01-2022
71 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33226 12/17/2021 Open Accounts Payable ALL PENINSULA FIRE

EXTINGUISHER COMPANY
$3,901.00
Invoice Date Description Amount
21406 11/10/2021 Facilities - Fire Extinguisher Service $3,901.00 33227 12/17/2021 Open Accounts Payable Amazon Capital Services $207.12 Invoice Date Description Amount
11GD-D66G-6H7N 12/10/2021 refund - StarTech.com Down Angle Mini USB Cable - 2m - Black -
($6.42)
1KTP-HLC4-NCMK 12/13/2021 StarTech.com Down Angle Mini USB Cable - 2m - Black for CE
$8.42
1D7T-NLPK-MWF6 12/13/2021 IT Admin Business Prime Essentials - Membership Fee $195.33 1L39-6FK4-NJF3 12/13/2021 zdyCGTime 5FT 6 Pin to 6 Pin Firewire DV iLink Male to Male IEEE
$9.79
33228 12/17/2021 Open Accounts Payable BOUCHER LAW $4,077.50 Invoice Date Description Amount
783 12/13/2021 Employee Health and Benefit Programs $2,350.00 784 12/13/2021 Labor & Employment Law Matters $1,475.00 782 12/13/2021 COVID-19 Matters $252.50
33229 12/17/2021 Open Accounts Payable BRIAN GATHERS $55.00 Invoice Date Description Amount
BrianG120421 12/04/2021 Cell Phone Reimbursement - Brian G Nov 5 to Dec 4 2021
$55.00
33230 12/17/2021 Open Accounts Payable CAROL KORADE $160.70 Invoice Date Description Amount
December2021 12/14/2021 Reimbursement for December 2021 $160.70 33231 12/17/2021 Open Accounts Payable CLEANSTREET, INC. $17,381.62 Invoice Date Description Amount
101733CS 11/30/2021 Street Sweeping November 2021 $17,381.62 33232 12/17/2021 Open Accounts Payable CLEARBLU ENVIRONMENTAL $622.61 Invoice Date Description Amount
26214 11/15/2021 Streets - Nov 2021 Haz Mat Services $622.61 33233 12/17/2021 Open Accounts Payable CORELOGIC SOLUTIONS, LLC $940.31 Invoice Date Description Amount
82109433 11/30/2021 Metro scan Nov. 2021 $940.31
33234 12/17/2021 Open Accounts Payable CURREN CONSULTING $3,360.00 Invoice Date Description Amount
2021-10-07 10/31/2021 2021 Pavement Maintenance Project Phase 1 & 2 $1,785.00 2021-11-07 11/30/2021 2021 Pavement Maintenance Project Phase 1 & 2 $1,575.00 33235 12/17/2021 Open Accounts Payable Darcy Paul $353.57 Invoice Date Description Amount
DarcyP120621 12/06/2021 Reimbursement - Greg/Council Farewell Dinner $353.57 33236 12/17/2021 Open Accounts Payable GRAINGER INC $687.76 Invoice Date Description Amount
9110089415 11/04/2021 Streets - LED Driver $474.46
9143218775 12/07/2021 Fleet - Marker, Red, Green, Blue $74.11 9143218759 12/07/2021 Fleet - Headlamp $139.19
Tuesday, December 21, 2021Pages: 4 of 8user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 72 CC 02-01-2022
72 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33237 12/17/2021 Open Accounts Payable GULU SAKHRANI $55.00 Invoice Date Description Amount
GuluS121421 12/14/2021 Cell Phone Charge Reimbursement for Gulu - Nov 8 to Dec 7
$55.00
33238 12/17/2021 Open Accounts Payable Health Care Employees Dental Trust $28,917.90 Invoice Date Description Amount
305409-305411 12/14/2021 December 2021 Dental Benefit $28,917.90 33239 12/17/2021 Open Accounts Payable INSERVH20 INC. $787.89 Invoice Date Description Amount
1720 12/01/2021 Facilities - DEc 2021 Water Treatment $787.89 33240 12/17/2021 Open Accounts Payable Jillian C Haff $390.00 Invoice Date Description Amount
Fall Payment 2 12/14/2021 oct/nov zoom classes $390.00
33241 12/17/2021 Open Accounts Payable Keish Environmental, PC $2,500.00 Invoice Date Description Amount
COCMCS-0002 11/30/2021 MRP Training- November Services $2,500.00 33242 12/17/2021 Open Accounts Payable LIFE INSURANCE COMPANY OF

NORTH AMERICA
$7,838.78
Invoice Date Description Amount
15487_120121 12/14/2021 December 2021 CIGNA $7,838.78
33243 12/17/2021 Open Accounts Payable Managed Health Network Inc $785.51 Invoice Date Description Amount
PRM-067673 11/16/2021 December 2021 EAP BENEFIT $785.51 33244 12/17/2021 Open Accounts Payable MESITI-MILLER ENGINEERING, INC.
$29,478.50
Invoice Date Description Amount
1121028 11/30/2021 SO#3 CE/SE Regnart Rd. Sites 3-6 Schematic Design through 112521
$12,578.00
1121019 11/30/2021 CE for Wilson Park Basketball Court through 112521 $13,972.50 1121027 11/30/2021 CE/Se for Regnart Rd. Improvements Ph. 1 through 112521
$2,928.00
33245 12/17/2021 Open Accounts Payable MOSS ADAMS LLP $19,850.00 Invoice Date Description Amount
102245348 12/10/2021 Professional Services Rendered Through 11/30/2021 $19,850.00 33246 12/17/2021 Open Accounts Payable NI GOVERNMENT SERVICES INC. $79.04 Invoice Date Description Amount
21112907051 12/01/2021 Satellite Cell Phone Service - November 2021 $79.04 33247 12/17/2021 Open Accounts Payable NIDHI MATHUR $336.42 Invoice Date Description Amount
NidhiM121321 12/13/2021 Nidhi Cell Reimbursements 4-19-21 to 11-18-21 $336.42 33248 12/17/2021 Open Accounts Payable Nomad Transit LLC $63,073.63 Invoice Date Description Amount
INV001-4247 11/30/2021 Via Cupertino Shuttle for November 2021 $63,073.63 33249 12/17/2021 Open Accounts Payable OFFICE DEPOT, INC. $855.40 Invoice Date Description Amount
209385970001 11/11/2021 Service Center - 16oz Cups $151.89 Tuesday, December 21, 2021Pages: 5 of 8user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 73 CC 02-01-2022
73 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
209391573001 11/11/2021 Service Center - 16oz Cups $151.89 209392587001 11/12/2021 Service Center - Binder Clips $6.86 211925940001 11/22/2021 Service Center - Calendar 2022 $518.32 210095096001 11/18/2021 Retractable Gel Pen and Notepad $26.44 33250 12/17/2021 Open Accounts Payable PAVEMENT ENGINEERING INC $34,250.00 Invoice Date Description Amount
2111-084 12/08/2021 Construction Management & Inspection for 2020 Pavement Maint
$26,592.50
2111-083 12/08/2021 Construction Management & Inspection for 2020 Pavement Maint.
$7,657.50
33251 12/17/2021 Open Accounts Payable PLACEWORKS, INC $36,327.58 Invoice Date Description Amount
77078 11/30/2021 10625 S Foothill Blvd Environmental Review 2021/11 $1,355.33 77079 11/30/2021 10655 Mary Ave Environmental Review 2021/11 $323.85 77091 11/30/2021 22690 SCB Environmental Review 2021/11 $1,398.68 77093 11/30/2021 19191 Vallco Parkway Environmental Review 2021/11 $33,249.72 33252 12/17/2021 Open Accounts Payable RANEY PLANNING & MANAGEMENT, INC.
$3,940.35
Invoice Date Description Amount
2198E-1 12/09/2021 20860 McClellan Rd IS/MND 2021/11 $3,940.35 33253 12/17/2021 Open Accounts Payable RED WING BUSINESS ADVANTAGE

ACCOUNT
$386.57
Invoice Date Description Amount
20211210075899 12/10/2021 Safety Boots for Bob - Building $386.57 33254 12/17/2021 Open Accounts Payable RRM DESIGN GROUP $8,691.00 Invoice Date Description Amount
1832-00-1121 12/10/2021 Design Review Consultant 2021/11 $8,691.00 33255 12/17/2021 Open Accounts Payable SDI PRESENCE LLC $1,662.50 Invoice Date Description Amount
8004 11/30/2021 Strategic Planning Services - Nov. 21 $1,662.50 33256 12/17/2021 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP
$1,704.01
Invoice Date Description Amount
275133 12/13/2021 Legal Services, November 2021 $1,704.01 33257 12/17/2021 Open Accounts Payable SONITROL/PACIFIC WEST SECURITY, INC.
$10,620.00
Invoice Date Description Amount
55182 01/01/2022 Facilities - City Hall Jan-Mar 2022 $1,617.00 55183 01/01/2022 Facilities - Traffic Jan - March 2022 $339.00 55311 01/01/2022 Facilities - Library Jan - March 2022 $750.00 55312 01/01/2022 Facilities - Jan - March 2022 $1,446.00 55313 01/01/2022 Facilities - Jan - March 2022 $636.00
55314 01/01/2022 Facilities - QCC Jan - March 2022 $963.00 55315 01/01/2022 Facilities - City Hall Elevator Jan - March 2022 $102.00 55316 01/01/2022 Facilities - BBF Snack Shack Jan - March 2022 $129.00 55318 01/01/2022 Facilities - Senior Center Jan - March 2022 $162.00 55319 01/01/2022 Facilities - Rec Area Jan - March 2022 $750.00 Tuesday, December 21, 2021Pages: 6 of 8user: Vi Tran
Payment Register
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 74 CC 02-01-2022
74 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
55320 01/01/2022 Facilities - Creekside Park Jan - March 2022 $261.00 55321 01/01/2022 Facilities - Wilson Park Jan - March 2022 $243.00 55322 01/01/2022 Facilities - City Hall Jan - March 2021 $582.00 55323 01/01/2022 Facilities - Service Center Jan - March 2022 $813.00 55977 01/01/2022 Facilities - BBF Jan - March 2022 $261.00 55978 01/01/2022 Facilities - BBF Kiosk Jan - March 2022 $240.00 56002 01/01/2022 Facilities - BBF Cafe Jan - March 2022 $384.00 56253 01/01/2022 Facilities - Sports Center Jan - March 2022 $702.00 56238 01/01/2022 Facilities - BBF Retreat Jan - March 2022 $240.00 33258 12/17/2021 Open Accounts Payable STATEWIDE TRAFFIC SAFETY AND SIGNS
$1,779.95
Invoice Date Description Amount
05035639 11/04/2021 Streets - Aquaphalt 4.0 Bucket $1,201.82 05036012 12/14/2021 Streets - Aquaphalt Shock Absorbing Tool $578.13 33259 12/17/2021 Open Accounts Payable SUNNYVALE FORD $1,288.66 Invoice Date Description Amount
196885 11/08/2021 Fleet - Kit H1 HV $644.33
196976 11/10/2021 Fleet - Kit H1 HV $644.33
33260 12/17/2021 Open Accounts Payable TENJI INC $1,835.89 Invoice Date Description Amount
3428 11/30/2021 Facilities - Library Oct 2021 Aquarium Maintenance $1,835.89 33261 12/17/2021 Open Accounts Payable THE HARTFORD $11,409.39 Invoice Date Description Amount
656341095774 12/14/2021 December 2021 Life and AD&D Benefit $11,203.20 756341141074 12/14/2021 December 2021 $206.19
33262 12/17/2021 Open Accounts Payable VALLEY OIL COMPANY $15,392.53 Invoice Date Description Amount
95095 12/09/2021 Fleet - Fuel $15,392.53
33263 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $210.76 Invoice Date Description Amount
813734754 11/19/2021 December 2021 Vision Benefit $210.76 33264 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $2,973.88 Invoice Date Description Amount
813734747 11/19/2021 December 2021 Vision Benefit $2,973.88 33265 12/17/2021 Open Accounts Payable Vision Service Plan (CA) $882.36 Invoice Date Description Amount
813771736 11/24/2021 December 2021 Vision Benefit $882.36 33266 12/17/2021 Open Accounts Payable WOWzy Creation Corp. dba First Place
$66.50
Invoice Date Description Amount
95135 11/15/2021 Name plates for Ayano Hattori, Ray Joseph & Birgit Werner
$66.50
Type EFT Totals: 46 Transactions $1,011,872.62
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 28 $1,774,591.95 $0.00
Tuesday, December 21, 2021Pages: 7 of 8user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 75 CC 02-01-2022
75 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $1,774,591.95 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $1,011,872.62 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $1,011,872.62 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 74 $2,786,464.57 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 74 $2,786,464.57 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 28 $1,774,591.95 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 28 $1,774,591.95 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 46 $1,011,872.62 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 46 $1,011,872.62 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 74 $2,786,464.57 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 74 $2,786,464.57 $0.00
Tuesday, December 21, 2021Pages: 8 of 8user: Vi Tran
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From Payment Date: 12/11/2021 - To Payment Date: 12/17/2021 December 21, 2021
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CITY OF CUPERTINO
Agenda Item
22-10402 Agenda Date: 2/1/2022
Agenda #: 9.

Subject: Consider Accounts Payable for the period ending January 3, 2022 Adopt Resolution No. 22-016 accepting Accounts Payable for the period ending January 3, 2022 CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: February 1, 2022

Subject
Consider Accounts Payable for the period ending January 3, 2022

Recommended Action
Adopt Resolution No. 22-016 accepting Accounts Payable for the period ending January 3, 2022

Discussion
The draft resolution and accounts payable report were presented to City Council on January 18, 2022. Councilmember Moore had requested the consent item be pulled and had inquired about check no. 729335 dated 12/23/2021 made payable to San Jose Water Company in the amount of $58,343.22. Councilmember Moore inquired about the irrigation controllers and the rain requirements.

The City Public Works operations and Sustainability staff have been attending multiple meetings to stay abreast of the water conservation efforts within the County and State.

On June 9, 2021, Valley Water’s Board of Directors declared a water shortage emergency condition in Santa Clara County due to the extreme drought. The Board of Directors also called for a mandatory 15% reduction in water use compared to 2019. From July - September 2021, The City of Cupertino successfully reduced water consumption at municipal facilities by 16% compared with 2019, conserving 8.11 million gallons of potable water. This was done by aggressively reducing water used for irrigating parks, school landscaping, and the golf course in order to achieve the required mandate percentage reduction. Recently, in January 2022, the State Water Board adopted a resolution for an emergency regulation to supplement voluntary water conservation.

Staff is aware of the listed prohibitions in the emergency regulation and will adhere to the requirements. One of the prohibitions is to stop irrigation of turf within 48 hours of ¼” of rainfall.

In order to conserve water, the City has installed multiple smart irrigation controllers. A total of 45 controllers have been installed in the Trees & ROW Division. The Grounds Division is in the process of installing an additional 21 irrigation controllers at City parks and 9 controllers at CSUD school sites. The smart controller allows staff to remotely 78 CC 02-01-2022
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control the irrigation system. The controllers are capable of performing evapotranspiration (ET) adjustments, and shutting off on high flow alert and during rain events. For instance, after rainfall events, staff is able to log in remotely to access the controllers via an app to remotely turn off all the controllers at once, if needed.

Fiscal Impact
No fiscal impact.

_____________________________________

Prepared by: Zach Korach, Finance Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Jim Throop, City Manager
Attachments:

A – Draft Resolution
B – AP Report

79 CC 02-01-2022
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RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE

AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR

GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING

January 3, 2022

WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and

WHEREAS, the said claims and demands have been audited as required by law.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby allow the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register.

CERTIFIED: _____________________________
Zach Korach, Finance Manager

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of February, 2022, by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:

80 CC 02-01-2022
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Resolution No. __________________

SIGNED:

________
Darcy Paul, Mayor
City of Cupertino

________________________
Date
ATTEST:

________
Kirsten Squarcia, City Clerk

________________________
Date

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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Main Account - Main Checking Account
Check
729310 12/23/2021 Open Accounts Payable ABOLI JAYDEEP RANADE $111.00 Invoice Date Description Amount
121421 AR 12/14/2021 December fitness classes $111.00
729311 12/23/2021 Open Accounts Payable ADVANTAGE GRAFIX $610.55 Invoice Date Description Amount
46247 12/20/2021 Business Cards for Sonya Lee $106.94
46187 11/19/2021 Business Cards $180.06
46250 12/20/2021 Business cards, CDJ, MKW $216.61
46252 12/20/2021 Business Cards for Brianne Harkousha- Planning Division
$106.94
729312 12/23/2021 Open Accounts Payable AMIT GOEL $296.00 Invoice Date Description Amount
121421 AG 12/14/2021 December fitness classes $296.00
729313 12/23/2021 Open Accounts Payable AT & T $122.15
Invoice Date Description Amount
5558-102821 10/28/2021 960 731-7142 555 8 $122.15
729314 12/23/2021 Open Accounts Payable AT&T $1,683.94
Invoice Date Description Amount
000017163478 10/12/2021 9391023223 9/12-10/11/21 $67.11 000017163573 10/12/2021 9391023217 (237-361-8095) 09/12/21-10/11/21 $89.06 000017163575 10/12/2021 9391023215 (233-281-4421) 09/12/21-10/11/21 $89.06 000017163572 10/12/2021 9391023218 (238-371-7141) 09/12/21-10/11/21 $70.16 000017163574 10/12/2021 9391023216 (233-281-5494) 09/12/21-10/11/21 $70.16 000017300886 11/10/2021 9391051384 10/10/21-11/09/21 $1,298.39 729315 12/23/2021 Open Accounts Payable BOETHING TREELAND FARMS INC $499.78 Invoice Date Description Amount
SI-1299160 12/14/2021 Trees/ROW - Nyssa, Dietes bicolor $499.78 729316 12/23/2021 Open Accounts Payable CENTURYLINK $57.36 Invoice Date Description Amount
120721 12/07/2021 EOC Phone Service - December 2021 $35.18 110721 11/07/2021 EOC Phone Service - November 2021 $22.18 729317 12/23/2021 Open Accounts Payable COLANTUONO, HIGHSMITH &

WHATLEY, PC
$173.27
Invoice Date Description Amount
50100 12/07/2021 Legal Services, November 2021 $173.27
729318 12/23/2021 Open Accounts Payable Community Health Charities of California
$20.00
Invoice Date Description Amount
12172021 12/17/2021 Community Health Charities pp 12/4/21-12/17/21 $20.00 729319 12/23/2021 Open Accounts Payable COUNTY OF SANTA CLARA CLERK - RECORDER
$850.00
Invoice Date Description Amount
R-2021-021 12/17/2021 Exempt Filing $50.00
R-2021-025 12/17/2021 Exempt Filing $50.00
R-2021-030 12/17/2021 Exempt Filing $50.00
Monday, January 03, 2022Pages: 1 of 12user: Vi Tran
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From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 82 CC 02-01-2022
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
R-2021-032 12/17/2021 Exempt Filing $50.00
RM-2021-014 12/17/2021 Exempt Filing $50.00
RM-2021-015 12/17/2021 Exempt Filing $50.00
RM-2021-020 12/17/2021 Exempt Filing $50.00
RM-2021-022 12/17/2021 Exempt Filing $50.00
RM-2021-029 12/17/2021 Exempt Filing $50.00
RM-2021-037 12/17/2021 Exempt Filing $50.00
TR-2021-009 12/17/2021 Exempt Filing $50.00
TR-2021-027 12/17/2021 Exempt Filing $50.00
TR-2021-033 12/17/2021 Exempt Filing $50.00
TR-2021-035 12/17/2021 Exempt Filing $50.00
TR-2021-043 12/17/2021 Exempt Filing $50.00
TR-2021-048 12/17/2021 Exempt Filing $50.00
TR-2021-050 12/17/2021 Exempt Filing $50.00
729320 12/23/2021 Open Accounts Payable DEPARTMENT OF JUSTICE $256.00 Invoice Date Description Amount
542460 11/03/2021 Finger Print Apps October 2021 $256.00 729321 12/23/2021 Open Accounts Payable EMC PLANNING GROUP, INC. $26,039.03 Invoice Date Description Amount
21-505 11/30/2021 Housing Element Update 2023-31 Consultant 2021/11 $26,039.03 729322 12/23/2021 Open Accounts Payable Freyer & Laureta, Inc. $2,251.37 Invoice Date Description Amount
21-694 12/16/2021 328001 Memorial Park Pond Removal through 11302021
$2,251.37
729323 12/23/2021 Open Accounts Payable Griffin Structures Inc. $12,056.14 Invoice Date Description Amount
GSI-CLEP-14 11/30/2021 Library Expansion PM Services through November 2021
$12,056.14
729324 12/23/2021 Open Accounts Payable HUICHEN LIN $370.00 Invoice Date Description Amount
121421 HL 12/14/2021 December fitness classes $370.00
729325 12/23/2021 Open Accounts Payable KAISER FOUNDATION HEALTH

PLAN OF THE NORTHWEST
$195.00
Invoice Date Description Amount
8567-110921 11/09/2021 Physical Exams $195.00
729326 12/23/2021 Open Accounts Payable LEHR $1,139.95
Invoice Date Description Amount
SI68660 12/13/2021 Fleet - Veh 38 Super LED/Amber $1,139.95 729327 12/23/2021 Open Accounts Payable MIG INC $5,703.75 Invoice Date Description Amount
0072677 12/14/2021 Blackberry Farm Golf Course through 110121-113021 $2,047.50 0072693 12/15/2021 JST Project CEQA East and Central Segment through 110121-113021
$3,656.25
729328 12/23/2021 Open Accounts Payable MISSION ACADEMY OF MUSIC $1,286.00 Invoice Date Description Amount
MAM2022-2 12/20/2021 MAM Fall 2021 - November 30 Payment $1,286.00 Monday, January 03, 2022Pages: 2 of 12user: Vi Tran
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From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 83 CC 02-01-2022
83 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729329 12/23/2021 Open Accounts Payable MOUNTAIN VIEW GARDEN CENTER
$46.87
Invoice Date Description Amount
108647 12/16/2021 Trees/ROW - 1Yd TopSoil $46.87
729330 12/23/2021 Open Accounts Payable NGF CONSULTING INC $6,000.00 Invoice Date Description Amount
129783 11/30/2021 BBF Golf course Repair Scope thru November 2021 $6,000.00 729331 12/23/2021 Open Accounts Payable Operating Engineer #3 $1,492.54 Invoice Date Description Amount
12172021 12/17/2021 Union Dues pp 12/4/21-12/17/21 $1,492.54 729332 12/23/2021 Open Accounts Payable PG&E $11.54
Invoice Date Description Amount
0719-10262021 10/26/2021 9223068071-9 9/21/21-10/19/21 $11.54 729333 12/23/2021 Open Accounts Payable PTS COMMUNICATIONS $543.00 Invoice Date Description Amount
2077479 11/11/2021 payphone svcs 2020 12/1/21-12/31/21 $543.00 729334 12/23/2021 Open Accounts Payable ROYAL BRASS INC $148.11 Invoice Date Description Amount
968477-001 10/21/2021 Fleet - Air King $25.00
968477-002 10/21/2021 Fleet - 3/4RAH $123.11
729335 12/23/2021 Open Accounts Payable SAN JOSE WATER COMPANY $58,343.22 Invoice Date Description Amount
Import - 889674 08/27/2021 0067500000-4 - Oro Grande PL LS $248.35 Import - 889675 11/22/2021 0068410000-1 - 22221 McClellan 8302 $911.27 Import - 889676 11/22/2021 0134100000-6 - 8303 Memorial Park $584.02 Import - 889677 12/01/2021 0251610000-1 - 19500 Calle De Barcelona $93.15 Import - 889679 11/22/2021 0345710000-0 - Alderbrook Ln.FS $117.79 Import - 889681 11/22/2021 0677310000-0 - 10300 Torre Ave LS (Comm.Hall) $232.78 Import - 889683 11/22/2021 1198300000-8 - 21979 San Fernando Ave. 6620 $229.50 Import - 889684 11/22/2021 1250520000-1 - 6620 Blackberry/Snack $224.06 Import - 889685 11/22/2021 1332100000-5 - Hyde Avenue $813.66 Import - 889686 11/22/2021 1393820000-6 - Irrig SC/Stelling LS (Stev Crk Blvd) $71.00 Import - 889687 11/22/2021 1444810000-9 - Hyannisport Dr. LS $1,177.21 Import - 889692 11/22/2021 1735700000-3 - 8303 Memorial Park Restroom $360.41 Import - 889693 11/22/2021 1787904559-3 - 22221 McClellan 8302 $156.95 Import - 889694 11/22/2021 1832500000-0 - Ruppell PL LS $337.89 Import - 889695 11/22/2021 1836700000-9 - 8322 Mary Mini Park $234.96 Import - 889696 11/22/2021 1987700000-0 - Alderbrook Ln LS $1,260.19 Import - 889697 11/22/2021 2228610000-7 - 21111 Stevens Crk LS $338.59 Import - 889698 11/22/2021 2243500000-9 - 10300 Ainsworth Dr.LS $224.06 Import - 889699 11/22/2021 2286120000-8 - 21251 Stevens Creek Blvd $73.90 Import - 889700 11/22/2021 2288800000-1 - 8306 Somerset Park $311.32 Import - 889701 12/01/2021 2628900000-7 - Farallone Dr.LS $2,374.16 Import - 889702 11/22/2021 2649300000-9 - 10300 Torre Ave. FS (Comm.Hall) $117.79 Import - 889703 11/22/2021 2787197813-9 - 8322 Stevens Creek Blvd. $76.44 Import - 889704 11/22/2021 2892070144-9 - 22221 McClellan 8320 $147.80 Import - 889706 11/22/2021 2974010000-2 - 21251 Stevens Creek Blvd $376.76 Import - 889707 11/22/2021 2984810000-3 - 8504 Alves and Stelling $267.69 Monday, January 03, 2022Pages: 3 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 84 CC 02-01-2022
84 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 889710 11/22/2021 3207400000-4 - 21710 McClellan 8312 $224.06 Import - 889711 11/22/2021 3296700000-4 - Irrig SC/Stelling LS (Stev Crk Blvd) $71.00 Import - 889712 11/22/2021 3322910000-4 - 8306 Somerset Park(Stokes Ave) $224.06 Import - 889714 11/22/2021 3530520000-4 - 21111 Stev.Crk Blvd 8510 $289.50 Import - 889715 11/22/2021 3612707315-7 - Stocklmeir Ct $556.75 Import - 889716 11/22/2021 3673220000-5 - Stev.Crk/Cupertino Rd. $71.00 Import - 889718 11/22/2021 3746710000-6 - 21111 Stev.Crk BL FS $116.13 Import - 889719 11/22/2021 3841010000-2 - 8507 Monta Vista Park $251.32 Import - 889720 11/22/2021 3856110000-9 - 8322 Stella Estates $71.00 Import - 889721 11/22/2021 3857710000-1 - 8322 Foothill/Cupertino Rd $167.86 Import - 889723 11/22/2021 3900520000-9 - 10300 Torre Ave $480.15 Import - 889724 11/22/2021 3953083125-2 Tuscany Place $446.08 Import - 889725 10/21/2021 4012210000-7 - 22601 Voss Av 8304 $3,445.90 Import - 889726 11/21/2021 4012210000-7 - 22601 Voss Av 8304 $424.30 Import - 889727 09/21/2021 4012210000-7 - 22601 Voss Av 8304 $3,653.16 Import - 889728 11/22/2021 4103020000-4 - 6620 Blackberry/Snack $496.76 Import - 889729 11/22/2021 4227520000-6 - 8303 Memorial Park $316.78 Import - 889730 10/27/2021 4242600000-8 - Irrigation-Median (Bollinger Rd) $144.03 Import - 889731 11/22/2021 4444250747-9 Tuscany Place2 $451.87 Import - 889732 10/21/2021 4444250747-9 Tuscany Place2 $446.08 Import - 889733 10/28/2021 4676110000-0 - Rainbow Dr.LS $171.68 Import - 889734 10/27/2021 4862898282-8 10455 Torre Ave. $144.03 Import - 889735 10/20/2021 5022148584-5 - 10301 Byrne Ave $125.33 Import - 889736 11/22/2021 5122900000-8 - Portable Meter $418.86 Import - 889737 11/22/2021 5237400000-9 - Dumas Dr, LS $469.10 Import - 889738 10/21/2021 5237400000-9 - Dumas Dr, LS $6,111.86 Import - 889739 10/27/2021 5280181221-6 - S De Anza Bl (median irrigation) $210.40 Import - 889740 11/22/2021 5356310000-6 - 8322 Stev.Crk/Median $224.06 Import - 889741 10/27/2021 5461910000-8 - De Anza Blvd.S. $509.83 Import - 889744 11/22/2021 5778910000-5 - 8504 Quinlan Ln.FS $73.90 Import - 889745 11/22/2021 5835000000-4 - 8322 Stelling/Alves $140.60 Import - 889746 11/22/2021 5929210000-1 - 8322 Ann Arbor Ct $184.23 Import - 889747 10/27/2021 5949902723-9 - Creekline Dr. $323.93 Import - 889748 11/22/2021 5948100000-4 - Emerg Irrig/Golf $2,251.49 Import - 889749 11/22/2021 5986710000-6 - 10300 Torre Ave. FS (Comm.Hall) $452.49 Import - 889750 11/22/2021 5997110000-9 - 7555 Barnhart Pl $424.84 Import - 889751 10/21/2021 5997110000-9 - 7555 Barnhart Pl $3,240.68 Import - 889752 10/20/2021 6287575324-3 - 22241 McClellan Rd (Simms) $142.00 Import - 889753 11/22/2021 6292600000-1 - 10800 Torre Ave LS $424.84 Import - 889754 11/22/2021 6296810000-8 - 8322 Stev.Crk Bl median $71.00 Import - 889755 11/22/2021 6405210000-1 - 8506 McClellan Ranch $529.14 Import - 889756 11/22/2021 6578520000-0 - 8322 Foothill/Alpine LS $151.50 Import - 889757 11/22/2021 6730700000-9 - 21975 San Fernando Av $81.90 Import - 889758 10/21/2021 6730700000-9 - 21975 San Fernando Av $370.97 Import - 889759 10/28/2021 6756510000-4 - Yorkshire Dr.LS $5,339.38 Import - 889760 11/22/2021 6788620000-4 - 10555 Mary Ave. 8503 $267.69 Import - 889761 10/20/2021 6875120000-4 - 21979 San Fernando Av $273.65 Import - 889762 11/22/2021 6907100000-9 - Alderbrook Ln $186.86 Import - 889763 11/22/2021 6935200000-9 - 8303 Memorial Park $273.13 Import - 889764 11/22/2021 6973320000-5 - 8301 Linda Vista PK1 $338.59 Monday, January 03, 2022Pages: 4 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 85 CC 02-01-2022
85 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Import - 889765 11/22/2021 7036000000-7 - 85 Stev.Crk/Mary LS $140.60 Import - 889767 11/22/2021 7054200000-8 - 8322 Phar Lap LS $70.46 Import - 889768 10/20/2021 7112900000-7 - Oak Valley Rd $403.79 Import - 889769 11/22/2021 7495200000-3 - 10300 Torre Ave FS $117.79 Import - 889770 10/20/2021 7523510000-7 - Oak Valley Road LS $256.53 Import - 889771 11/22/2021 7630410000-1 - Salem Av.LS $216.95 Import - 889773 10/28/2021 7808300000-6 - Irrigation-Median (Westlynn Wy) $210.40 Import - 889774 11/22/2021 7930000000-1 - 8322 Stelling/Christensen Dr. $151.50 Import - 889775 11/22/2021 8006810000-9 - 10450 Mann Dr $43.20 Import - 889776 11/22/2021 8065700000-8 - Peninsula and Fitzgerald Is $48.64 Import - 889777 12/01/2021 8148220000-3 - Sterling BL LS(Sterlinig BarnhartPk) $287.84 Import - 889778 11/22/2021 8270010000-9 - Janice Ave.LS $224.06 Import - 889779 11/22/2021 8287220000-9 - 8322 Stevens Cr/San Antonio Ls $71.00 Import - 889780 11/22/2021 8427420000-9 - 8322 Foothill/Vista Knoll $320.58 Import - 889781 10/21/2021 8427420000-9 - 8322 Foothill/Vista Knoll $566.01 Import - 889782 11/22/2021 8549600000-2 - Bubb Rd.LS $635.06 Import - 889783 10/21/2021 8549600000-2 - Bubb Rd.LS $3,118.99 Import - 889785 11/22/2021 8647520000-1 - 10555 Mary Ave/Corp Yard FS $190.02 Import - 889786 11/22/2021 8755010000-9 - 10455 Miller Ave/Creekside $906.13 Import - 889787 11/22/2021 8879620000-9 - 8504 Christensen Dr $256.78 Import - 889788 11/22/2021 8886800000-6 - 8301 Linda Vista PK2 $311.32 Import - 889789 10/20/2021 9118810000-1 - 21121 Stevens Ck Bl Ls $335.73 Import - 889791 11/22/2021 9377600000-7 - 8307 Varian Park $594.94 Import - 889793 10/28/2021 9511610000-9 - Donegal Dr. $87.63 Import - 889796 10/21/2021 9705420000-7 - 10300 Torre Avenue Ls $791.97 Import - 889798 11/22/2021 9824500000-9 - 8322 Irrig SC/Stelling $347.85 729336 12/23/2021 Open Accounts Payable SONIA DOGRA $111.00 Invoice Date Description Amount
121421 SD 12/14/2021 December fitness classes $111.00
729337 12/23/2021 Open Accounts Payable Sua Sponte Design $1,782.40 Invoice Date Description Amount
1581 12/20/2021 City Logo Embroidery Services $1,782.40 729338 12/23/2021 Open Accounts Payable SUNSHINE UNLIMITED $2,883.51 Invoice Date Description Amount
Fall Payment 2 12/15/2021 payment for Nov/Dec classes $2,883.51 729339 12/23/2021 Open Accounts Payable TOTAL EQUIPMENT AND RENTAL

OF FREMONT LLC
$251.54
Invoice Date Description Amount
P45502 11/19/2021 Fleet - SM S630 LDR $251.54
729340 12/23/2021 Open Accounts Payable VI TRAN $58.00
Invoice Date Description Amount
Vi11242021 11/24/2021 Office Expense - Reimburse for 100 Stamps $58.00 729341 12/23/2021 Open Accounts Payable ANITA MAEMONE $204.00 Invoice Date Description Amount
304117 12/17/2021 REFUND 18775 HANNA DR BLD-2021-2459 USER ERROR
$204.00
Monday, January 03, 2022Pages: 5 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 86 CC 02-01-2022
86 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
729342 12/23/2021 Open Accounts Payable Fremont Union High School District - T&L
$300.00
Invoice Date Description Amount
2005025.030 12/08/2021 QCC- 9.23- 12.7.21 - Social Room Security Deposit $300.00 729343 12/23/2021 Open Accounts Payable JIAN WANG $427.56 Invoice Date Description Amount
303893 12/16/2021 REFUND 10280 WESTACRES DR BLD-2021-2469

DUPLICATE PERMIT
$427.56
729344 12/23/2021 Open Accounts Payable NOVO CONSTRUCTION $10,000.00 Invoice Date Description Amount
256508 12/20/2021 REFUND 4 INFINITE LP B-2018-1784 TCO BOND $10,000.00 729345 12/23/2021 Open Accounts Payable Yao, Lanhua $500.00 Invoice Date Description Amount
2005023.030 12/07/2021 QCC- 1.22.22- Cupertino Room Security Deposit $500.00 Type Check Totals: 36 Transactions $136,824.58
EFT
33223 12/24/2021 Open Accounts Payable TASC $620.62
Invoice Date Description Amount
IN2232092 12/11/2021 HRA - Administration Fees - Participant Count 12/1/21 -12/31/21
$620.62
33224 12/24/2021 Open Accounts Payable TASC $217.55
Invoice Date Description Amount
IN2232103 12/11/2021 FSA Admin Fees 12/1/2021 - 12/31/2021 $217.55 33267 12/24/2021 Open Accounts Payable Colonial Life & Accident Insurance $29.16 Invoice Date Description Amount
12172021 12/17/2021 Colonial Products pp 12/4/21-12/17/21 $29.16 33268 12/24/2021 Open Accounts Payable Employment Development $6,270.98 Invoice Date Description Amount
12172021 12/17/2021 State Disability Insurance pp 12/4/21-12/17/21 $6,270.98 33269 12/24/2021 Open Accounts Payable PERS-457K $9,645.89 Invoice Date Description Amount
12172021 12/17/2021 PERS Deferred Comp pp 12/4/21-12/17/21 $9,645.89 33270 12/24/2021 Open Accounts Payable State Disbursement Unit $254.30 Invoice Date Description Amount
12172021 12/17/2021 Child Support pp 12/4/21-12/17/21 $254.30 33271 12/23/2021 Open Accounts Payable JOYFUL MELODIES $1,999.00 Invoice Date Description Amount
JMS2022-3 12/20/2021 JMS Fall 2021 Payment $1,999.00
33272 12/23/2021 Open Accounts Payable A-1 FENCE INC. $31,950.00 Invoice Date Description Amount
13074 12/14/2021 Grounds - Memorial Park Ballfield Fencing $31,950.00 33273 12/23/2021 Open Accounts Payable ALESHIRE & WYNDER, LLP $15,049.62 Invoice Date Description Amount
65560 12/16/2021 Vallco Legal Review 2021/12 $8,895.00
65010 11/16/2021 Legal services rendered through 11/16/21 $4,529.62 Monday, January 03, 2022Pages: 6 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 87 CC 02-01-2022
87 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
64963 11/15/2021 Legal services rendered through 10/31/21 $1,625.00 33274 12/23/2021 Open Accounts Payable ALL CITY MANAGEMENT

SERVICES
$20,009.22
Invoice Date Description Amount
73343 11/17/2021 School Crossing Guard Services through 103121- 111321
$11,433.84
73684 12/01/2021 Crossing Guard Services from Nov 14-Nov 27, 2021 $8,575.38 33275 12/23/2021 Open Accounts Payable ALL PENINSULA FIRE

EXTINGUISHER COMPANY
$3,901.00
Invoice Date Description Amount
21406 11/10/2021 Facilities - Fire Extinguisher Service $3,901.00 33276 12/23/2021 Open Accounts Payable ARCHANA PANDA $74.00 Invoice Date Description Amount
121421 AP 12/14/2021 December fitness classes $74.00
33277 12/23/2021 Open Accounts Payable CODELINKD, LLC $1,830.00 Invoice Date Description Amount
CodeLinkd22-4 12/20/2021 CodeLinkd Fall 2021 Payment $1,830.00 33278 12/23/2021 Open Accounts Payable COMMUNICATION ACADEMY $115.50 Invoice Date Description Amount
CAFall2021-Adj 12/20/2021 Communcation Academy Fall 2021 Payment Adjustment
$115.50
33279 12/23/2021 Open Accounts Payable CSG CONSULTANTS, INC. $29,300.00 Invoice Date Description Amount
40762 12/09/2021 Professional services for library book return thru 11/26/21
$2,445.00
40761 12/09/2021 Prof svcs for Regnart Creek Trail Fencing through 11/26/2021
$190.00
41171 12/21/2021 Professional services for Regnart Creek Trail through 11/26/2021
$26,665.00
33280 12/23/2021 Open Accounts Payable CYRAH CABURIAN $60.00 Invoice Date Description Amount
CyrahC10122021 10/12/2021 Notary Exam Fee - 10/2021 $60.00 33281 12/23/2021 Open Accounts Payable DAVID J. POWERS & ASSOCIATES, INC.
$318.94
Invoice Date Description Amount
27440 12/16/2021 Regnart Creek Trail Prof Services through 11/30/2021 $318.94 33282 12/23/2021 Open Accounts Payable Eflex Group, Inc $6,686.66 Invoice Date Description Amount
12172021 12/17/2021 FSA Employee Health pp 12/4/21-12/17/21 $6,686.66 33283 12/23/2021 Open Accounts Payable ESHERICK HOMSEY DODGE AND

DAVIS, ARCHITECTS
$540.00
Invoice Date Description Amount
21110026 11/30/2021 Professional services through Nov 1-30, 2021 $540.00 33284 12/23/2021 Open Accounts Payable FEHR & PEERS ASSOC INC $882.50 Invoice Date Description Amount
151171 12/16/2021 19191 Vallco Pkwy Transportation Review 2021/11 $882.50 Monday, January 03, 2022Pages: 7 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 88 CC 02-01-2022
88 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33285 12/23/2021 Open Accounts Payable GILBANE BUILDING COMPANY $2,310.00 Invoice Date Description Amount
2018-13, 25 11/30/2021 Regnart Creek Trail CM Services
CTYCU001_J05934.200_202111-J133
$2,310.00
33286 12/23/2021 Open Accounts Payable GRACE DUVAL $252.00 Invoice Date Description Amount
121421 GD 12/14/2021 December fitness classes $252.00
33287 12/23/2021 Open Accounts Payable GYM PRECISION, INC. $732.10 Invoice Date Description Amount
15690 12/01/2021 Service order #21070 Precor AMT left arm replaced $732.10 33288 12/23/2021 Open Accounts Payable HILL, JENNIFER $273.00 Invoice Date Description Amount
121421 JH 12/14/2021 December fitness classes $273.00
33289 12/23/2021 Open Accounts Payable HMH ENGINEERS INC $16,152.25 Invoice Date Description Amount
41603 12/17/2021 Professional services through 12/25/2021 $500.74 41604 12/17/2021 Professional services through 12/25/2021 $13,503.26 41605 12/17/2021 Professional services through 12/25/2021 $2,148.25 33290 12/23/2021 Open Accounts Payable HORTSCIENCE | BARTLETT

CONSULTING
$550.00
Invoice Date Description Amount
15430 11/27/2021 21408 Krzich Place Arborist Review 2021/11 $550.00 33291 12/23/2021 Open Accounts Payable ICMA Retirement Trust-457 $10,843.47 Invoice Date Description Amount
12172021 12/17/2021 ICMA Deferred Comp pp 12/4/21-12/17/21 $10,843.47 33292 12/23/2021 Open Accounts Payable IFPTE LOCAL 21 $2,039.72 Invoice Date Description Amount
12172021 12/17/2021 Association Dues - CEA pp 12/4/21-12/17/21 $2,039.72 33293 12/23/2021 Open Accounts Payable INTERSTATE TRAFFIC CONTROL

PRODUCTS, INC
$416.23
Invoice Date Description Amount
248192 12/16/2021 Streets - Rain Caps, Do Not Enter $100.63 248193 12/16/2021 Streets - Paint Red Curb, No Parking Fire Lane Stencil $315.60 33294 12/23/2021 Open Accounts Payable JAMES COLVIN $1,000.00 Invoice Date Description Amount
121421 JC 12/14/2021 December PT $1,000.00
33295 12/23/2021 Open Accounts Payable JARVIS, FAY & GIBSON, LLP $22,924.00 Invoice Date Description Amount
15950 11/30/2021 Legal Services, November 2021 $92.00
15951 11/30/2021 Legal Services Nov 1-30, 2021 $22,832.00 33296 12/23/2021 Open Accounts Payable JULIA KINST $55.00 Invoice Date Description Amount
JuliaK12192021 12/19/2021 Cell Phone Service Reimbursement $55.00 Monday, January 03, 2022Pages: 8 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 89 CC 02-01-2022
89 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33297 12/23/2021 Open Accounts Payable KIMBALL-MIDWEST $227.90 Invoice Date Description Amount
9468088 12/15/2021 Fleet - Blue Silicone, Clear Silicone, Grease, Lynch Pin $227.90 33298 12/23/2021 Open Accounts Payable KIMBERLY LUNT $49.36 Invoice Date Description Amount
KimL12122021 12/12/2021 Cell Phone Reimbursement through 111321-121221 $49.36 33299 12/23/2021 Open Accounts Payable LIFETIME TENNIS, INC. $224,405.63 Invoice Date Description Amount
122021 LTP4 12/20/2021 Payment 4 10/25-12/19/21 $224,405.63 33300 12/23/2021 Open Accounts Payable LIN, LI FEN $280.00 Invoice Date Description Amount
Fall Payment 1 12/14/2021 payment for fall classes $280.00 33301 12/23/2021 Open Accounts Payable Logo Sportswear $6,331.04 Invoice Date Description Amount
1319359 12/22/2021 154 Sweaters $6,331.04
33302 12/23/2021 Open Accounts Payable MERCHANT, TEJAL $172.00 Invoice Date Description Amount
121421 TM 12/14/2021 December fitness classes $172.00
33303 12/23/2021 Open Accounts Payable MONICA G. RANES-GOLDBERG $360.00 Invoice Date Description Amount
121421 MG 12/14/2021 December fitness classes $360.00
33304 12/23/2021 Open Accounts Payable National Deferred (ROTH) $3,601.66 Invoice Date Description Amount
12172021 12/17/2021 Nationwide Roth pp 12/4/21-12/17/21 $3,601.66 33305 12/23/2021 Open Accounts Payable National Deferred Compensatin $35,189.03 Invoice Date Description Amount
12172021 12/17/2021 Nationwide Deferred Compensation pp 12/4/21- 12/17/21
$35,189.03
33306 12/23/2021 Open Accounts Payable NOMURA, KATY $1,495.76 Invoice Date Description Amount
KatyN121321 12/13/2021 Katy Nomura ICMA Travel Reimbursement $1,495.76 33307 12/23/2021 Open Accounts Payable OFFICE DEPOT, INC. $905.14 Invoice Date Description Amount
211556750001 11/23/2021 copy paper and office supplies $124.00 208603612001 11/09/2021 TONER $341.10
208603757001 11/09/2021 BL TONER $378.40
208168653001 11/12/2021 Paper Cups $15.53
209858214001 11/11/2021 AAA Battery $32.87
210210137001 11/23/2021 Office Supplies Rubber Bands- Min $13.24 33308 12/23/2021 Open Accounts Payable PARS/City of Cupertino $2,776.21 Invoice Date Description Amount
12172021 12/17/2021 PARS Employee pp 12/4/21-12/17/21 $2,776.21 33309 12/23/2021 Open Accounts Payable PLACEWORKS, INC $359.55 Invoice Date Description Amount
77131 11/30/2021 1655 S De Anza Blvd Environmental Review 2021/11 $359.55 Monday, January 03, 2022Pages: 9 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 90 CC 02-01-2022
90 of 756
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
33310 12/23/2021 Open Accounts Payable PROFESSIONAL TURF MANAGEMENT, INC.
$17,060.00
Invoice Date Description Amount
1182 12/21/2021 Golf Course Monthly Gate Service Fee - November 2021
$60.00
1181 12/20/2021 Golf Course Maintenance - November 2021 $17,000.00 33311 12/23/2021 Open Accounts Payable Raychel Renee Balcioni Cruz $564.00 Invoice Date Description Amount
121421 RC 12/14/2021 December fitness classes $564.00
33312 12/23/2021 Open Accounts Payable RED WING BUSINESS ADVANTAGE

ACCOUNT
$1,579.21
Invoice Date Description Amount
20211210074592 12/10/2021 Safety Apparel Boots - Josh Ilnicki $400.00 20211110074592 11/10/2021 Safety Apparel Boots - Manny, Robert M, Paul S $1,179.21 33313 12/23/2021 Open Accounts Payable RICHARD YAU $8,100.00 Invoice Date Description Amount
2111 12/14/2021 PM Services for CIP, December 2021 $8,100.00 33314 12/23/2021 Open Accounts Payable ROBERT OSTENBERG $319.00 Invoice Date Description Amount
OstenbergFall21 12/20/2021 Robert Ostenberg Fall 2021 Payment $319.00 33315 12/23/2021 Open Accounts Payable RUDY LOMAS $55.00 Invoice Date Description Amount
RudyL120621 12/06/2021 Cell Phone Reimbursement - Rudy L, Nov 7 to Dec 6 2021
$55.00
33316 12/23/2021 Open Accounts Payable SELBY MIRILAVASSANI $240.56 Invoice Date Description Amount
SelbyM121621 12/03/2021 Reimbursement for Office Supplies $240.56 33317 12/23/2021 Open Accounts Payable SHUTE, MIHALY & WEINBERGER LLP
$16,555.03
Invoice Date Description Amount
275218 12/17/2021 Legal Services, November 2021 $2,177.30 275216 12/17/2021 Legal Services, November 2021 $14,077.73 275217 12/17/2021 General Plan Legal Update 2021/12 $300.00 33318 12/23/2021 Open Accounts Payable Snapology of Los Gatos $1,470.00 Invoice Date Description Amount
Snapology22-4 12/20/2021 Snapology Fall 2021 Final Payment $1,470.00 33319 12/23/2021 Open Accounts Payable STARBIRD CONSULTING LLC $11,281.42 Invoice Date Description Amount
0163 12/15/2021 Regnart Road Improvements Tasks through 113021 $9,125.09 0165 12/14/2021 Env. Cons. Svcs. McClellan Ranch West Parking Lot through 112621
$806.33
0167 12/20/2021 Staff Training on CEQA and Permitting $1,350.00 33320 12/23/2021 Open Accounts Payable TANASE, KEN $61.67 Invoice Date Description Amount
KenT12022021 12/02/2021 Lunch Reimbursement for Staff Retreat $21.93 Monday, January 03, 2022Pages: 10 of 12user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 12/18/2021 - To Payment Date: 12/24/2021 91 CC 02-01-2022
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
KenT120721 12/07/2021 Cell Phone Reimbursement - Ken T Nov 8 to Dec 7 2021
$39.74
33321 12/23/2021 Open Accounts Payable TERI GERHARDT $288.00 Invoice Date Description Amount
TerG121421 12/14/2021 Teri - Cell Reimbursements May 18 - Nov. 16 2021 $288.00 33322 12/23/2021 Open Accounts Payable TJKM TRANSPORTATION

CONSULTANTS
$7,350.00
Invoice Date Description Amount
0051953 11/30/2021 Prof Traffic Engineering Services for LRSP, November 1-30, 2021
$7,350.00
33323 12/23/2021 Open Accounts Payable TOWNSEND PUBLIC AFFAIRS, INC $6,000.00 Invoice Date Description Amount
17835 12/01/2021 Consulting Services - December 2021 $6,000.00 33324 12/23/2021 Open Accounts Payable VALLEY OIL COMPANY $242.47 Invoice Date Description Amount
526311 12/10/2021 Fleet - Drum Deposits $242.47
Type EFT Totals: 60 Transactions $534,622.35
Main Account - Main Checking Account Totals
Checks Status Count Transaction Amount Reconciled Amount Open 36 $136,824.58 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 36 $136,824.58 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 60 $534,622.35 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
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Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 60 $534,622.35 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 96 $671,446.93 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 96 $671,446.93 $0.00
Grand Totals:

Checks Status Count Transaction Amount Reconciled Amount Open 36 $136,824.58 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 36 $136,824.58 $0.00
EFTs Status Count Transaction Amount Reconciled Amount
Open 60 $534,622.35 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Total 60 $534,622.35 $0.00
All Status Count Transaction Amount Reconciled Amount
Open 96 $671,446.93 $0.00
Reconciled 0 $0.00 $0.00
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 96 $671,446.93 $0.00
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CITY OF CUPERTINO
Agenda Item
22-10379 Agenda Date: 2/1/2022
Agenda #: 10.

Subject: Administrative Record for 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) Adopt Resolution No. 22-022 to correct the administrative record for the Bateh Brothers development project
CITY OF CUPERTINO Printed on 1/27/2022Page 1 of 1
powered by Legistar™
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CITY COUNCIL STAFF REPORT
Meeting: February 1, 2022
Subject
Administrative Record for a development proposal to demolish and 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
That the City Council adopt Resolution No. 22-_____ to correct the administrative record for the Bateh Brothers development project (Attachment A).

Discussion
Background:

On January 13, 2022, the City Council approved a project to allow the construction of attached single-family homes on a 0.63 -acre site currently occupie d by a commercial building. The project would demolish the existing commercial building and construct a nine (9) residential unit development including one (1) residential unit containing an accessory dwelling unit (ADU).

In addition to the various permits required to approve the project , the City Council needed to take action on the environmental document prepared for the project . The Council approved Resolution No. 22 -007, which adopted the Initial Study/Mitigated Negative Declaration (IS/MND) for the project and included the correct mitigation measures adopted as conditions of approval of the project. However, on January 18, 2022, staff discovered that the IS/MND attached to the agenda item was incorrect. Upon further inquiry, it was found that the IS/MND attached was inadvertently the same as that for another development project being heard at that same meeting. Based on advice from the City Attorney’s Office, staff considered it prudent to have the Administrative Record for the project corrected.
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22690 Stevens Creek Boulevard February 1, 2022

Analysis:

An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared f or the proposed project (See Attachment B.) The IS/MND identified mitigation measures to reduce the potential environmental impacts of the project to less than significant levels for Air Quality, Biological Resources, Cultural and Tribal Resources, Noise levels, Geology and Soils and Utilities. The mitigation measures were added as conditi ons of approval for the proposed project.

It should be noted that IS/MND was presented to both the Environmental Review Committee, which heard the item at its October 28, 2021, and the Planning Commission, which heard the item at its November 23, 2021 . Both these recommending bodies independently reviewed and considered the IS/MND and public comments, prior to recommending that the Council adopt the proposed draft resolution adopting the MND and the mitigations measures as conditions of approval without any changes.

Sustainability Impact
No sustainability impacts.

Fiscal Impact
No fiscal impact.

Conclusion
Staff recommends that the City Council adopt the draft resolution to correct the administrative record.

Prepared by: 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
B. Bateh Brother IS/MND (Correct Attachment H for Agenda Item #2 CC Special meeting

1.13.2022)
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RESOLUTION NO. ______

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

CORRECTING THE ADMINISTRATIVE RECORD
FOR THE DEVELOPMENT OF A NINE (9) UNIT SINGLE-FAMILY HOME DEVELOPMENT AND ONE ACCESSORY DWELLING UNIT (ADU) LOCATED 22690 STEVENS CREEK BOULEVARD (APN: 341-14-066, 342-14-104 & 105) Application No.: EA-2020-001
Applicant: Alan Enterprises LLC
Location: 22690 Stevens Creek Boulevard;
APN#s 341-14-066, 342-14-104 & 105

WHEREAS, the City of Cupertino received an application for a Zoning Map Amendment, Development Permit, Architectural and Site Approval, Use Permit, and Tentative Map, to allow the development of a nine (9) unit single-family home development with one (1) home containing an Accessory Dwelling Unit (ADU) 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 S ection 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 Ini tial Study and proposed Mitigated Negative Declaration (“Project”); and
WHEREAS, the Project is described in the June 2021 “Public Draft Initial Study for the 22690 Stevens Creek Project (“Draft IS/MND”); and
WHEREAS, on July 16 , 2021 the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration , distributed the Draft IS/MND for the p roject to responsible agencies and the public, and posted the Draft IS/MND on the City’s website for review and comment for a 20-day period that ended August 5, 2021; and WHEREAS, the Draft IS/MND concluded that environmental effect s on Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, Tribal Cultural Resources, and Utilities and Service Systems would be avoided or reduced to less -than- significant levels by mitigation measures identified in the Draft IS/MND; and WHEREAS, text revisions made after publication of the Draft IS/MND, which are found in the October 2021 Final Initial Study , merely clarify, amplify or make insignificant modifications to the Draft IS/MND, and recirculation of the IS/MND is not required; 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 97 CC 02-01-2022
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and considered the information contained in the Final IS/MND, and voted 5-0-0 that the preparation of a Mitigated Negative Declaration is appropriate for the proposed project; and
WHEREAS, the Planning Commission independently review ed and considered the correct Final IS/MND together with the comments and the responses to those comments prior to taking action on the Project; 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 Final 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 4-1-0 (Wang no) 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 Mitigati on Monitoring and Reporting Program for the Project; and
WHEREAS, the City Council has held at least one public hearing and independently reviewed and considered the findings of the IS/MND as presented in Resolution No. 22- 007; 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 mitigation measures and conditions of approval adopted in Resolution No. 22 -007, along with all staff reports , other pertinent documents, and all written and oral statements received prior to and at the public hearing; and WHEREAS, on January 18, 2022 , staff discovered that the IS/MND attached to the City Council agenda packet for the January 13, 2022 special meeting was inadvertently one for a development project being heard at the same meeting; and WHEREAS, the conditions of approval adopted to implement the mitigation measures of the IS/MND with Resolution No. 22-007 remain unchanged; and WHEREAS, at its regular meeting on February 1, 2022, the City Council considered this resolution to correct the Administrative Record.

NOW, THEREFORE, BE IT RESOLVED:

That after consideration of the administrative record, the City Council:

1. Finds that the IS/MND prepared for the proposed development project is appropriately added to the administrative record for the Project; and

2. Finds that all mitigation measures identified in the IS/MND were appropriately 98 CC 02-01-2022
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adopted as Conditions of Approval of the project.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of February, 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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22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
08-06-2020
NORTH
JOB NO.

DATE
A1.03

ILLUSTRATED SITE PLAN
1 1

LOT NUMBER

UNIT TYPE
1 PARKING SPACE
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
07-20-2020
DATE
NORTH

SITE PLAN
0 80
40 20
22690 Stevens Creek Boulevard Project Initial Study
for the City of Cupertino
October 2021 | Final Draft Initial Study
Image Credit: Alan Enterprise, 2020.
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Prepared By:

PlaceWorks
Berkeley, CA
510.848.3815
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE • SAN DIEGO www.placeworks.com
22690 Stevens Creek Boulevard Project Initial Study
for the City of Cupertino
October 2021 | Final Draft Initial Study
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PLACEWORKS i

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Table of Contents

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

1.2 Tiering Process ....................................................................................................................... 1-2

1.3 Report Organization ............................................................................................................... 1-4

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 ............................................................................................................ 3-12

3.3 Required Permits and Approvals ......................................................................................... 3-27

4.1 Discussion of Environmental Evaluation ................................................................................ 4-1 I. Aesthetics ..................................................................................................................... 4-2 II. Air Quality .................................................................................................................... 4-5 III. Biological Resources .................................................................................................. 4-17 IV. Cultural Resources ..................................................................................................... 4-23 V. Energy ........................................................................................................................ 4-27 VI. Geology and Soils ....................................................................................................... 4-30 VII. Greenhouse Gas Emissions ........................................................................................ 4-35 VIII. Hazards and Hazardous Materials ............................................................................. 4-45 IX. Hydrology and Water Quality .................................................................................... 4-53 X. Land Use and Planning ............................................................................................... 4-60 XI. Noise .......................................................................................................................... 4-62 XII. Population and Housing ............................................................................................. 4-72 XIII. Public Services ........................................................................................................... 4-74 XIV. Parks and Recreation ................................................................................................. 4-76 XV. Transportation ............................................................................................................ 4-79 XVI. Tribal Cultural Resources ........................................................................................... 4-86 XVII. Utilities and Service Systems ..................................................................................... 4-88 XVIII. Wildfire ....................................................................................................................... 4-98 XIX. Mandatory Findings of Significance ......................................................................... 4-102 104
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APPENDICES
Appendix A: Air Quality and Greenhouse Gas Emissions Data Appendix B: Health Risk Assessment
Appendix C: Geotechnical Report
Appendix D: Phase I Environmental Site Assessment
Appendix E: Phase II Environmental Site Assessment
Appendix F: Noise Data
Appendix G: Transportation Data

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 ......................................................................................................... 3-14 Figure 3-5 Detailed Site Plan .............................................................................................................. 3-15 Figure 3-6 Building Type 1 Elevation .................................................................................................. 3-16 Figure 3-7 Building Type 2 Elevation .................................................................................................. 3-17 Figure 3-8 Building Type 3 Elevation .................................................................................................. 3-18 Figure 3-9 Waste Management Vehicle Circulation Plan .................................................................. 3-19 Figure 3-10 Landscape Plan ................................................................................................................. 3-21 Figure 3-11 Street Lighting Plan ........................................................................................................... 3-22 Figure 3-12 Utility Plan ........................................................................................................................ 3-24 Figure 3-13 Stormwater Plan ............................................................................................................... 3-25 Figure 4-1 Temporary Noise Barrier Location .................................................................................... 4-68

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LIST OF TABLES
Table 1-1 General Plan EIR, General Plan, and the Proposed Project Comparison Table ................. 1-4 Table 3-1 Demolition and Construction ........................................................................................... 3-27 Table 4-1 Construction-Related Criteria Air Pollutant Emissions Estimates .................................... 4-11 Table 4-2 Construction Risk Summary – Unmitigated ..................................................................... 4-13 Table 4-3 Construction Risk Summary – Mitigated .......................................................................... 4-14 Table 4-4 Project Construction GHG Emissions ............................................................................... 4-37 Table 4-5 Cupertino Climate Action Plan Consistency Matrix ......................................................... 4-41 Table 4-6 Project-Related Construction Noise, L10 Noise Levels, dBA ............................................. 4-65 Table 4-7 Project-Related Construction Noise, Energy-Average (Leq) Noise Levels, dBA ................. 4-66 Table 4-8 Construction Equipment Vibration Levels ........................................................................ 4-70 Table 4-9 Water Demand for the Proposed Project ......................................................................... 4-93 Table 4-10 Wastewater Demand for the Proposed Project ............................................................... 4-93 Table 4-11 Reasonably Foreseeable Development Projects in Cupertino ....................................... 4-104 Table 5-1 Mitigation Monitoring and Reporting Program ................................................................. 5-2

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Introduction
This document is an Initial Study for the 22690 Stevens Creek Boulevard 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 0.68-acre site that is proposed for redevelopment by Alan Enterprises (the project applicant). The project site consists of three lots that are assigned Assessor’s Parcel Numbers: 342- 14-066, -104, and -105. The site is located at 22690 Stevens Creek Boulevard, where Stevens Creek Boulevard and South Foothill Boulevard intersect. The project site is surrounded by residential and office uses to the north, residential uses and a gas service station with an auto repair shop to the east, residential uses to the south, and residential uses and the Monta Vista Fire Station to the west. The site is currently divided into three lots and is developed with a single commercial building occupied by a convenience store and a paved asphalt parking lot on the eastern portion of the site. The remainder of the property is an undeveloped dirt and gravel lot.

The proposed project would involve demolishing the existing commercial building and redeveloping the project site with a residential project. The proposed project would include nine attached single-family dwelling units (one of which would be an affordable housing unit), each with a two-car garage. An accessory dwelling unit (ADU) would be included within one of the single-family buildings. Each building would be three stories, for a maximum height of 30 feet at the roofline.

The General Plan Land Use for the project site is Commercial/Residential. The Commercial/Residential land use designation allows primarily commercial uses and secondarily residential uses, or a combination of the two. The project site is zoned Planned Development with General Commercial permitted (P(CG)) and would require a rezoning to allow residential land uses. The new zoning designation would be (P(CG, Res)). The maximum height for development on the project site is 30 feet. 2 A detailed description of the
proposed project is provided in Chapter 3, Project Description, of this Initial Study.

1 The CEQA Guidelines are found in California Code of Regulations, Title, 14, Section 15000 et seq. 2 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 3, Land Use, Figure LU-2, Community Form Diagram, pages LU-16 and LU-17.
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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, 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 and analysis 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 22690 Stevens Creek Boulevard 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.

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 Discussion is located in Chapter 3, Project Description, and Chapter 4, Environmental Analysis, of this Initial Study. 109
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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 Residential land uses in the General Plan and Planned Development with a 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 8 (Bateh Bros.), 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 commercial and residential uses with 35 maximum dwelling units and a maximum building height of 30 feet at the roofline.

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.
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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 8
(Bateh Bros.) N/A 22690 Stevens Creek
Boulevard
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 35 du/ac 15 du/ac e 13.2 du/ac f
Maximum Height 30 feet 30 feet e 29 feet 10.5 inches
Development
Potential Up to 19 residential units g Up to 11 residential units 9 residential units 1 accessory dwelling unit
Population h 56 32 28
Employees N/A i N/A 0 j
Notes:
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. A density of 13.2 dwelling units per acre does not account for the density of the accessory dwelling units because an ADU is an accessory use for the purposes of calculating allowable density and would not be counted as an additional unit pursuant to California Government Code Section 68582.2. g. Although the site could accommodate up to 24 units based the 35 du/ac density, the General Plan EIR evaluated a realistic yield of 19 net units. h. 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. Based on a study completed by the Center for Community Innovation at University of California Berkeley in five Bay Area communities, accessory dwelling units have an average household size of 1.5 persons per unit. i. The General Plan EIR applied a generation rate of 450 square feet of commercial space per employee. j. The proposed project could provide employment for intermittent staff for landscape, maintenance, childcare, etc., but no permanent employment opportunities would be available on site.

Source: City of Cupertino, PlaceWorks, 2020.

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 111
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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.

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Executive Summary

2.1 INITIAL STUDY CHECKLIST

1. Project Title: 22690 Stevens Creek Boulevard 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: 22690 Stevens Creek Boulevard
Cupertino, CA 95014

5. Applicant’s Name and Address: Alan Enterprises LLC
1177 California Street, Suite 1821
San Francisco, CA 94108

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 3-1 of Chapter 3, Project Description

10. Other Required Approvals: See page 3-36 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 received a request to be notified about projects in the city of Cupertino from the Tamien Nation on May 28, 2021, because the city is within the geographic area with which they are traditionally and culturally affiliated. The City has initiated the consultation process and the Tamien Nation is included on the notification distribution list for this Initial Study. 114
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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.

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
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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 less- than-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.

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 or require all trucks to maintain at least 2 feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer).
 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 .  Vegetative ground cover shall be planted in disturbed areas as soon as possible and watered appropriately until the vegetation is established.
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 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 United State Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 4 Interim emission standards for off-road diesel-powered construction equipment with more than 25 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 emission standards for construction equipment more than 25 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 manufacturer 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.

Impact AQ-3: Development on the project site could expose future residents to potential odors from non- hazardous soil vapor contamination from the neighboring property at 22510 Stevens Creek Boulevard.

Mitigation Measure AQ-3: The project applicant shall install a vapor barrier beneath the concrete foundation slab of the proposed residential buildings at the project site to mitigate potential odor risks associated with concentration of non-hazardous soil vapor contamination. 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.

BIOLOGICAL RESOURCES
Impact BIO-1: Demolition and construction activities could disturb active nests in trees at the residential properties immediately adjacent to the project site to the south, and/or otherwise interfere with nesting of birds protected under federal and State law.
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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.

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 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.

If any prehistoric or historic subsurface cultural resources are discovered during ground-disturbing (including grading, demolition and/or construction) activities:
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 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.

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 119
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resource important. The excavation plan shall be submitted to the City for review and approval prior to implementation.

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Demolition and construction activities could expose construction workers and the public to hazardous materials during the construction phase.

Mitigation Measure HAZ-1: The project applicant shall prepare an Environmental Site Management Plan (ESMP) in consultation with applicable agencies (e.g., the Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC), Santa Clara County Department of Environmental Health (SCCDEH), or Santa Clara County Fire Department), if any, or in the alternative to the satisfaction of the City based on a third-party peer review, as appropriate. The purpose of the ESMP is to protect construction workers, the general public, the environment, and future site occupants from hazardous materials previously identified at the site and to address the possibility of encountering unknown contamination or hazards during demolition, grading, excavation, and construction activities. The ESMP shall summarize soil and groundwater analytical data collected on the project site during past investigations; identify management options for grading, if contaminated media are encountered during grading; and identify monitoring, irrigation, or other wells requiring proper abandonment in compliance with local, State, and federal laws, policies, and regulations.

The ESMP shall include measures for identifying, testing, and managing soil and groundwater suspected of or known to contain hazardous materials. The ESMP shall: 1) provide procedures for evaluating, handling, storing, testing, and disposing of soil and groundwater during project grading; 2) describe required worker health and safety provisions for all workers potentially exposed to hazardous materials in accordance with State and federal worker safety regulations; and 3) designate personnel responsible for implementation of the ESMP.

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.

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 south, 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.

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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.  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 law.  Prior to start of construction, erect a temporary noise barrier/curtain between the construction zone and adjacent residences along the boundary (see Figure 4-1, Temporary Noise Barrier Locations, of the Initial Study). The temporary sound barrier shall have a minimum height of 12 121
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feet and be free of gaps and holes. The barrier can be (a) a ¾-inch-thick plywood wall OR (b) a hanging blanket/curtain with a surface density or at least 2 pounds per square foot.

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 City of Cupertino Municipal Code.

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.

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 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.

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. 122
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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 22690 Stevens Creek Boulevard 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 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.

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Project Description
The project applicant, Alan Enterprises, is proposing the 22690 Stevens Creek Boulevard Project (proposed project) that would involve demolishing the existing commercial building, and construction and operation of a residential project with nine single-family attached dwelling units and one accessory dwelling unit on an 0.68-acre site that is divided into three lots. The site is currently developed with a convenience store and paved surface parking. A portion of the site is an unpaved (dirt and gravel) lot.

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 22690 Stevens Creek Boulevard on the southwest corner at the intersection of Stevens Creek Boulevard and South Foothill Boulevard. As shown on Figure 3-2, the project site is surrounded by residential and office uses to the north, residential uses and a gas service station with an auto repair shop to the east, residential uses to the south, and residential uses and the Monta Vista Fire Station to the west. South Foothill Boulevard to the east of the project site, Stevens Creek Boulevard to the north of the project site, and Camino Vista Drive to the west of the project site are both two-lane roadways.

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

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0 0.450.225
Miles
P
San
Francisco
Bay
%&'(280
%&'(880 %&'(680
San Jose
Hayward
Cupertino
(/101
Milpitas
Palo
Alto
|ÿ17 (/101
Santa
Cruz
Gilroy
%&'(280

PROJECT SITE
|ÿ85
Santa Clara
County
City of Cupertino
Project Site
Cupertino City Limit
Stevens Creek Blvd
South Foothill Blvd
City of Sunnyvale
Stevens Creek Blvd
0 0.450.225
Miles
P
San
Francisco
Bay
%&'(280
%&'(880 %&'(680
San Jose
Hayward
Cupertino
(/101
Milpitas
Palo
Alto
|ÿ17 (/101
Santa
Cruz
Gilroy
%&'(280

PROJECT SITE
|ÿ85
Santa Clara
County
City of Cupertino
Project Site
Cupertino City Limit
Stevens Creek Blvd
South Foothill Blvd
City of Sunnyvale
Stevens Creek Blvd
Source: ESRI, 2017; PlaceWorks, 2020.

Figure 3-1
Regional and Vicinity Map

PROJECT DESCRIPTION
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22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
03-06-2020
NORTH
JOB NO.

DATE
A1.01

SITE AERIAL

STEVENS CREEK BOULEVARD

CAMINO VISTA DRIVE

SOUTH FOOTHILL BOULEVARD NORTH FOOTHILL BOULEVARD
Source: Dahlin, 2020.

Project Site
Project Site
Figure 3-2
Aerial View of the Project Site and Surroundings
Monta Vista
Fire Station
Arcadia
Veterinary
Clinic
Cupertino
Auto Care

PROJECT DESCRIPTION

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Public schools near the project site within the Fremont Union High School District are Monta Vista High School to southeast of the project site. Public schools near the project site within the Cupertino Union School District are Stevens Creek Elementary School to the northeast, and John F. Kennedy Middle School to the southeast of the project site. Each public school is approximately 1 mile from the project site.

Private schools and/or educational facilities near the project site are 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 3.5 miles to the east, Archbishop Mitty High School approximately 4 miles to the east, Pinewood School approximately 4 miles to the northwest, and Waldorf School of the Peninsula approximately 4 miles to the northwest. Other sensitive8 land uses near the project site are the Sunny View Bay Area Retirement Community approximately 0.2 miles to the north, Cupertino Healthcare and Wellness nursing home approximately 0.3 miles to the south, and Cupertino Senior Center approximately 1.3 miles to the east.

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

The nearest public airports are San José International Airport, approximately 8 miles to the northeast, and Palo Alto Airport, approximately 9.5 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 the boundaries of any airport land use plan.

3.1.3 EXISTING SITE SETTING

SITE CHARACTER
As shown on Figure 3-3, the site is developed with a single structure: a single-story, approximately 2,400 square-foot commercial building with a convenience store and an associated paved and unpaved (gravel) surface parking adjacent to South Foothill Boulevard. In 1939, the site was occupied by an orchard, and the orchard trees were gradually cleared from the site between the period of 1939 and 1950. 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 Review of the historical data
available for the site reveals that the development of the site in its current form most likely took place between 1950 and 1956.10 Due to the age of the existing building, it may contain asbestos-containing materials or lead-based paint, which were not regulated in construction until the early 1970’s.

8 Sensitive resources in this context refers to uses or receptors that are most vulnerable to air and noise pollution. 9 California Department of Toxic Substances Control California Environmental Protection Agency, Interim Guidance for Sampling Agricultural Properties, page 3, August 7, 2008. 10 Achievement Engineering Corp., 2019, Phase I Environmental Site Assessment for 22690 Stevens Creek Boulevard, Cupertino, California, pages 2 and 3, July 29.
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Source: Dahlin, 2020. BKF, 2020.

Figure 3-3
Existing Conditions
0 Scale (Feet)
60 PROJECT DESCRIPTION

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The building is not currently listed on the National Register of Historic Places or the list of California Historical resources.11
The project site is surrounded by residential and office uses to the north, residential uses and a gas station and auto repair shop to the east, residential uses to the south, and residential uses and the Monta Vista Fire Station to the west.

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. Although there are no trees or other landscaping features on the project site, 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 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) 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 1 mile to the west of the project site.
15 The project site is 0.2 miles to the east of the wildland-urban interface, which is an area of transition between wildland (unoccupied land) and land with human development (occupied land).16

11 California Office of Historic Preservation. 2019. California Historical Resources. Accessed June 4, 2020 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 June 4, 2020 at https://www.cupertino.org/our-city/departments/community-development/planning/residential-development/tree-protection- tree-removal.
15 CAL FIRE. 2008. VHSZ Viewer
https://egis.fire.ca.gov/FHSZ/
16 CAL FIRE. 2018. Wildland-Urban Interface Fire Threat. http://www.arcgis.com/home/item.html?id=d45bf08448354073a26675776f2d09cb, accessed June 4, 2020. 129
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The site is generally flat with an average elevation of 386 feet above mean sea level with a general topographic gradient of north-northeast.17 The surficial geology is young, unconsolidated Quaternary alluvium,18 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.
19 Stormwater from the site drains to City-maintained storm drains in Stevens Creek Boulevard 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.

3.1.4 LAND USE AND ZONING DESIGNATIONS

GENERAL PLAN
The site is in the Other Non-Residential/Mixed-Use Special Area20 and a Neighborhood Center . 21 The site is at the northeast corner of the Inspiration Heights Neighborhood at the four-corner intersection where the Oak Valley, Creston-Pharlap, the Monta Vista North Neighborhood meet.22 The site has a General Plan land use designation of Commercial/Residential.23 A description of these designations is provided below.

Other Non-Residential/Mixed-Use Special Areas
The City has designated Special Areas along four major mixed-use corridors in the city, which are designated in the General Plan as key areas within Cupertino where future development and reinvestment will be focused. In addition to the Special Areas, the Other Non-Residential/Mixed-Use Special Area include four designated 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 intersection of South Foothill Boulevard and Stevens Creek Boulevard.24 The vision for the Other Non-Residential/Mixed-Use

17 Achievement Engineering Corp., 2019, Phase I Environmental Site Assessment for 22690 Stevens Creek Boulevard, Cupertino, California, page 2, July 29.
18 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.
19 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).
20 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, page PA-15. 21 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 3, Land Use and Community Design Element, Figure LU-1, Community Form Diagram, page LU-17.
22 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, Figure PA-2, Neighborhoods, page PA-18.
23 City of Cupertino Land Use Map adopted November 15, 2005 and amended August 20, 2019. 24 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, page PA-23 130
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Special Area in the Planning Areas Element (Chapter 2) states that neighborhood centers within the Other Non-Residential/Mixed-Use Special Areas should be redeveloped using the “Neighborhood Commercial Center” concept described in the Land Use and Community Design Element (Chapter 3) of the General Plan. However, developing using only this concept is not mandatory.25 The vision also describes buildings in the Neighborhood Centers should be typically one to two stories in height but may be up to three stories in some instances where it is allowed.26 The maximum residential density within Neighborhood Centers identified in the Community Form Diagram is 15 dwelling units per acre.27 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 in the western foothills of Cupertino, the project site is in the lower elevation portions of the neighborhood that is urbanized. The project site is in the northeastern corner of this neighborhood on Stevens Creek and Foothill Boulevards, which provides a transition with the three other adjoining neighborhoods on the valley floor . The vision for this neighborhood, as described in the General Plan, is to continue to be a low- intensity and hillside residential area.
28 Future development should consider preservation of hillsides, riparian corridors, and plant and animal wildlife habitat through sensitive site and building design.29 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. 30 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 Cupertino Municipal Code (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.
31 25 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, page PA-15. 26 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, Vision, page PA-15. 27 City of Cupertino General Plan, Community Vision 2040, Chapter 3, Land Use, Figure LU-2, Community Form Diagram, pages LU-16 and LU-17.
28 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 2, Planning Areas, Vision, page PA-24 and PA-25. 29 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 3, Land Use and Community Design Element, Inspiration Heights Neighborhood, page LU-75.
30 City of Cupertino General Plan (Community Vision 2015-2040), Appendix A: Land use definitions, Planning Areas, page A-

4. 31 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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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.
32 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.
33 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.34 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
The proposed project is a housing project that would rezone the project site to Planned Development with General Commercial and Residential uses (P(CG, Res). Accordingly, the proposed project would be subject to CMC Chapter 19.80, Planned Development (P) Zoning District, which requires residential projects to meet the multifamily residential development standards for residential projects. 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.

32 City of Cupertino Municipal Code, Title 19, Zoning, Chapter 19.80, Planned Development, Section 19.80.010, Purpose. 33 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. 34 City of Cupertino Municipal Code, Title 19, Zoning, Chapter 19.80, Planned Development, Section 19.80.030, Establishment of Districts- Permitted and Conditional Uses. 132
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Landscape Ordinance
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. 35 Bird Safe Design Ordinance
The City of Cupertino draft Bird Safe Design Ordinance, adds 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 requirements, 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:
 All outdoor light much be fully shielded fixtures directed downward to meet the particular need and away from adjacent properties.

35 City of Cupertino Municipal Code, Title 14, Streets, Sidewalks and Landscaping, Chapter 14.15, Landscape Ordinance. 133
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 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.
36 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 set forth the standards for green building requirements by type of building. As shown on Table 101.10 in CMC Section 16.58.220, single- and multi-family homes equal to or less than nine homes are required to meet CALGreen Building Code in accordance with CALGreen’s minimum thresholds. 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, 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

36 California Code of Regulations, Title 24, Part 11, January 1, 2020, California Green Buildings Standards Code, https://codes.iccsafe.org/content/CAGBSC2019/copyright. 134
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sole source of energy for its space heating, water heating.37 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 (GHG) 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. 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.

3.2 PROJECT COMPONENTS
The project applicant proposes to redevelop the project site with a nine-unit, single-family attached residential (and one accessory dwelling unit) development with associated amenities, infrastructure, and landscaping. Conceptual and detailed site plans are shown on Figures 3-4 and 3-5. The following sections provide 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/22690scb and at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.

3.2.1 PROPOSED BUILDINGS
The proposed project would include nine attached single-family dwelling units that would range in size from 1,767 to 3,045 square feet. The single-family dwelling unit located on the corner of Stevens Creek Boulevard and South Foothill Boulevard would have an ADU that would be approximately 336 square feet.

The proposed project would include four separate building types; two buildings would have three attached units (Type 1), one building would have two attached units (Type 2), and one building would be a

37 City of Cupertino Municipal Code, Section 16.54.110, Definitions and Rules of Construction. 135
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single unit (Type 3). Each residential building would have its own private deck and porch area ranging from 210 square feet to 639 square feet per unit for a total of 2,739 square feet of private outdoor space. The proposed project includes 1,475 square feet of common open space located at the southeast corner of the site. All residential buildings would front the northern and eastern perimeter of the project site along Stevens Creek Boulevard and South Foothill Boulevard, respectively. Each dwelling unit would have an attached two-car garage that would front the internal roadway network between the new homes and the adjacent residential properties to the south. The proposed project would also provide a 5-foot landscape buffer between the internal roadway and the existing adjacent homes to the south. See Figures 3-4 and 3-

5. The proposed residential buildings would be three stories tall and 29 feet and 10.5 inches at the roofline. Figures 3-6 through 3-8 illustrate the elevations of each building type.

3.2.2 POPULATION AND EMPLOYEE ESTIMATES
Based on an average household size of 2.87 persons,38 the proposed units would generate 26 net new residents.39 Based on the average ADU household size of 1.5 persons,40 the proposed ADU would generate 2 new residents.41 In total, the project would generate 28 new residents. There are no existing residential units on the site and the commercial building is currently vacant. The proposed project does not include any commercial uses, but a future homeowners association, required by the City, could employ landscape and maintenance personnel for the common areas of the development. It is anticipated that future residents would be drawn largely from Cupertino and other communities in the San Francisco Bay Area.

3.2.3 CIRCULATION AND ACCESS

VEHICULAR ACCESS
As shown on Figures 3-4 and 3-5 (see above), direct access to the proposed internal roadway on the project site would be from Camino Vista Drive to the west off of Stevens Creek Boulevard and from South Foothill Boulevard to the east. The internal roadway would have a two-way, two-lane entrance/exit circulation pattern between these two access points on South Foothill Boulevard and Camino Vista Drive.

Drivers entering from or exiting to South Foothill Boulevard or Camino Vista Drive may do so by turning either left or right. The project access points would not change the existing three-way (or “t”) intersection at Stevens Creek Boulevard/Camino Vista Drive or the intersection at Stevens Creek Boulevard/South Foothill Boulevard. Proposed emergency access would be the same as the proposed vehicle access. Waste management would follow a one-way truck route shown in Figure 3-9, with entry access from South Foothill Boulevard and exit access to Camino Vista Drive.

38 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. 39 9 new units multiplied by 2.87 persons per unit equals 25.83 new residents. 40 Chapple, Karen; Jake Wegmann; Alison Nemirow; Colin Dentel-Post. June 2012. Yes in My Backyard: Mobilizing the Market for Secondary Units. The Center for Community Innovation, UC Berkeley. https://communityinnovation.berkeley.edu/sites/default/files/yes_in_my_backyard_mobilizing_the_market_for_secondary_unit s.pdf?width=1200&height=800&iframe=true.
41 1 ADU multiplied by 1.5 persons per unit equals 1.5 new residents. 136
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22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
08-06-2020
NORTH
JOB NO.

DATE
A1.03

ILLUSTRATED SITE PLAN
STEVENS CREEK BLVD.

CAMINO VISTA DR.

S FOOTHILL BLVD.
1 1
2 3
4 5
6 7
8 9
1 1
1 1
1 2
2 3
B
LDG.

TYPE 1
B
LDG.

TYPE 2
COMMON

OPEN SPACE
10'-1"
2ND FL.

O.H.
20'-0"
5'-0"
20'-0"
5'-2 1/2"
9'-0"
18'-0"
10'-0"
13'-1"
1ST FL.
12'-5"
BLDG.
43'-8"
51'-8 1/2"
42'-0"
83'-3"
83'-3"
14'-0"
4'-0"
1ST FL.
62'-2"
4'-0"
32'-10"
44'-7"

BUILDING
/UNIT 3
18'-0"
9'-0"

SEE CIVIL DRAWINGS

FOR CORNER

TRIANGLE

DIMENSIONS

SEE CIVIL

DRAWINGS

FOR CORNER

TRIANGLE

DIMENSIONS

SEE CIVIL DRAWINGS FOR

DIMENSIONS OF STREET

PARKING, PLANTING STRIP,

AND LANDSCAPE AREA

SEE CIVIL DRAWINGS

FOR EXTENT OF

COMMON LOT
5'-0"
BLDG.
41'-2"
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-2"
BLDG.
8'-1"
BLDG.
3'-5"
DECK O.H.
8'-1"
BLDG.
3'-5"
DECK O.H.
3'-0"
2ND FL. O.H.
3'-11"
1ST FL.
1'-6"
2ND FL. O.H.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
2'-0"
2ND FL. O.H.
4'-0"
1ST FL.

B
LDG.

TYPE 1
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
2'-0"
2ND FL. O.H.
4'-0"
1ST FL.
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
13'-0"
3'-6"
O.H.

TO
⅊
3'-6"
5'-1"
1 1

LOT NUMBER

UNIT TYPE
1 PARKING SPACE
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
07-20-2020
DATE
NORTH

SITE PLAN
0 80
40 20
1 2 3
4 5
6 7
8 22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
03-06-2020
NORTH
JOB NO.

DATE
A1.03

ILLUSTRATED SITE PLAN
STEVENS CREEK BLVD.

CAMINO VISTA DR.

S FOOTHILL BLVD.
1 1
2 3
4 5
6 7
8 9
1 1
1 1
1 2
2 3

BUILDING
TYPE 1

BUILDING
TYPE 1

BUILDING
TYPE 2

BUILDING
/UNIT 3
COMMON

OPEN SPACE
10'-1"
5'-0"
20'-0"
5'-0"
4'-0"
20'-0"
5'-2 1/2"
9'-0"
18'-0"
7'-0"
5'-0"
3'-6"
3'-6"
10'-0"
13'-1"
10'-5"
43'-8"
51'-8 1/2"
42'-5 1/2"
8'-0"
83'-3"
83'-3"
10'-0"
14'-0"
45'-2"
4'-0"
62'-2"
4'-0"
32'-10"
44'-7"
1 1

LOT NUMBER

UNIT TYPE
1 PARKING SPACE
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
02-21-2020
DATE
NORTH

SITE PLAN
0 80
40 20
1 2 3
4 5
6 7
8 Source: Dahlin, 2020.

Figure 3-4
Conceptual Site Plan
0 Scale (Feet)
40 PROJECT DESCRIPTION

PLACEWORKS
2 2 6 9 0 S TE V E NS C RE E K B O UL E V ARD PR O JE CT I NI TI AL STUD Y C ITY

O F CUPE RTI NO
137
CC 02-01-2022
137 of 756
22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
08-06-2020
NORTH
JOB NO.

DATE
A1.04

TECHNICAL SITE PLAN
1 1
2 3
4 5
6 7
8 9
1 1
1 1
1 2
2 3
B
LDG.

TYPE 1
B
LDG.

TYPE 2
COMMON

OPEN SPACE
20'-0"
5'-0"
20'-0"
5'-2 1/2"
9'-0"
18'-0"
10'-0"
.
12'-5"
BLDG.
43'-8"
51'-8 1/2"
42'-0"
83'-3"
83'-3"
14'-0"
4'-0"
1ST FL.
62'-2"
4'-0"
32'-10"
44'-7"

BUILDING
/UNIT 3
18'-0"
9'-0"

SEE CIVIL DRAWINGS

FOR CORNER

TRIANGLE

DIMENSIONS

SEE CIVIL DRAWINGS FOR

DIMENSIONS OF STREET

PARKING, PLANTING STRIP,

AND LANDSCAPE AREA

SEE CIVIL DRAWINGS

FOR EXTENT OF

COMMON LOT
5'-0"
BLDG.
41'-2"
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-2"
BLDG.
8'-1"
BLDG.
3'-5"
DECK O.H.
8'-1"
BLDG.
3'-5"
DECK O.H.
3'-0"
2ND FL. O.H.
3'-11"
1ST FL.
1'-6"
2ND FL. O.H.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
2'-0"
2ND FL. O.H.
4'-0"
1ST FL.

B
LDG.

TYPE 1
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
2'-0"
2ND FL. O.H.
4'-0"
1ST FL.
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
13'-0"
3'-6"
O.H.

TO
⅊
3'-6"
5'-1"
1 1

LOT NUMBER

UNIT TYPE
1 PARKING SPACE
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200

RPRISE, LLC
JOB NO.
1562-001
07-20-2020
DATE
NORTH
0 80
40 20
1 1
2 3
4 5
6 7
8 9
1 1
1 1
1 2
2 3
B
LDG.

TYPE 1
B
LDG.

TYPE 2
COMMON

OPEN SPACE
10'-1"
2ND FL.

O.H.
20'-0"
5'-0"
20'-0"
5'-2 1/2"
9'-0"
18'-0"
10'-0"
13'-1"
1ST FL.
12'-5"
BLDG.
43'-8"
51'-8 1/2"
42'-0"
83'-3"
83'-3"
14'-0"
4'-0"
1ST FL.
62'-2"
4'-0"
32'-10"
44'-7"

BUILDING
/UNIT 3
18'-0"
9'-0"

SEE CIVIL DRAWINGS

FOR CORNER

TRIANGLE

DIMENSIONS

SEE CIVIL

DRAWINGS

FOR CORNER

TRIANGLE

DIMENSIONS

SEE CIVIL DRAWINGS FOR

DIMENSIONS OF STREET

PARKING, PLANTING STRIP,

AND LANDSCAPE AREA

SEE CIVIL DRAWINGS

FOR EXTENT OF

COMMON LOT
5'-0"
BLDG.
41'-2"
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-0"
BLDG.
5'-2"
BLDG.
8'-1"
BLDG.
3'-5"
DECK O.H.
8'-1"
BLDG.
3'-5"
DECK O.H.
3'-0"
2ND FL. O.H.
3'-11"
1ST FL.
1'-6"
2ND FL. O.H.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
2'-0"
2ND FL. O.H.
4'-0"
1ST FL.

B
LDG.

TYPE 1
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
2'-0"
2ND FL. O.H.
4'-0"
1ST FL.
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
4'-0"
1ST FL.
1'-6"
2ND FL. O.H.
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
4'-0"
O.H.

TO
⅊
13'-0"
3'-6"
O.H.

TO
⅊
3'-6"
5'-1"
1 1

LOT NUMBER

UNIT TYPE
1 PARKING SPACE
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
0 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
07-20-2020
DATE
NORTH

TE PLAN
0 80
40 20
STEVENS CREEK BLVD.

CAMINO VISTA DR.

S FOOTHILL BLVD.

ZONING:

Existing:

Proposed:

DENSITY:
max. allowed
proposed
Front Yard: 10 feet (to back of proposed walk)
Side Yard:

Interior Side (ground floor): 14 feet (between buildings) Interior Side (upper floors): 2739 sq. ft (between buildings) Street Side (ground floor): 12 feet (to back of proposed walk) Street Side (upper floors): 10 feet (to back of proposed walk) Rear Yard: 29 feet (to adjacent residential)
Front Yard: 10 feet (to back of proposed walk)
Side Yard:

Interior Side (ground floor): 8 feet (between buildings) Interior Side (upper floors): 6 feet (between buildings) Street Side (ground floor): 10 feet (to back of proposed walk) Street Side (upper floors): 10 feet (to back of proposed walk) Rear Yard: 82 feet (to adjacent residential)
Front Yard: N/A
Side Yard:

Interior Side (ground floor): 12 feet (between buildings) Interior Side (upper floors): 10 feet (between buildings) Street Side (ground floor): 12 feet (to back of proposed walk) Street Side (upper floors): 10 feet (to back of proposed walk) Rear Yard: N/A
Required: 60 sq. ft. per unit
Unit type 1 280 sq. ft. (porch & deck)
Unit type 2 210 sq. ft. (porch & deck)
Unit type 3 639 sq. ft. (porch & deck)
Total Provided: 2739 sq. ft 304.33 average sq. ft. per unit Required: 1350 sq. ft. 150 SF / Unit
(excluding setback areas)
Provided: 1475 sq. ft.
163 SF / Unit
(excluding setback areas)
Height: 30 feet 3-stories
Total Required: 26 spaces 2.8/DU (2 garage + 0.8 open)
Covered Spaces: 18 spaces (2 garage spaces per unit)
Surface Spaces: 8 spaces (0.8 x 9 = 7.2 spaces)
Total Provided: 26 spaces (2.88 spaces per unit)
1 unit provided unit #2
AFFORDABLE UNITS:

P-RES (Residential)
GC (General Commercial)
15 du/ac

11.5 du/ac
COMMON OUTDOOR SPACE:

PARKING:

BUIDLING HEIGHT:

PROPOSED DEVELOPMENT STANDARDS
SETBACKS:

ALONG STEVENS CREEK BOULEVARD

ALONG S FOOTHILL BOULEVARD
PRIVATE OUTDOOR SPACE:

ALONG CAMINO VISTA DRIVE
1 2 3
4 5
6 7
8 LOT # LOT AREA
(SF)

FLOOR AREA
(SF) FAR LOT

COVERAGE
1 1977 2971 1.50 53.57%
2 1058 2231 2.11 74.10%
3 1760 2971 1.69 60.17%
4 1760 2971 1.69 60.17%
5 1058 2231 2.11 74.10%
6 1660 2971 1.79 63.80%
7 3262 3598 1.10 43.44%
8 1688 2971 1.76 62.74%
9 1667 2971 1.78 63.53%

LOT AREA
(SF)

FLOOR AREA
(SF) FAR LOT

COVERAGE
27,506 21,609 0.79 33.95%
(NET)

LOT AREAS / FAR / COVERAGE
TOTAL

PROJECT
Source: Dahlin, 2020. BKF, 2020.

Figure 3-5
Detailed Site Plan
0 Scale (Feet)
60 PROJECT DESCRIPTION

PLACEWORKS
2 2 6 9 0 S TE V E NS C RE E K B O UL E V ARD PR O JE CT I NI TI AL STUD Y C ITY

O F CUPE RTI NO
138
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138 of 756
22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
08-06-2020
NORTH
JOB NO.

DATE
A1.10
BUILDING TYPE 1 ELEVATIONS
P.L.

P.L.

P.L.

P.L.

FRONT ELEVATION

REAR ELEVATION RIGHT ELEVATIONLEFT ELEVATION
UNIT 1UNIT 1
UNIT 2 UNIT 1
UNIT 1 UNIT 2
UNIT 1
UNIT 1
1/4” = 1’-0”
29’-10 1/2” TOP OF GRADE

TO TOP OF ROOF FRAMING
1’ - 2’ PARAPET FOR

ARTICULATION OF ROOF LINE

ALUMINUM SIDINGSTONE VENEERDECORATIVE METAL RAILING STUCCO STUCCO
NOTE: SEE LANDSCAPE SHEETS FOR

PRIVACY SCREENING TREES PLANTED
ALONG PROPERTY LINES. THE

SARATOGA LAUREL TREES REACH
ABOVE 30’ AT MATURITY AND ARE
ON THE CITY’S LIST OF ACCEPTABLE
SCREENING TREES. ADITIONALLY,

ALL WINDOWS OF PROPOSED
HOMES ARE A MINIMUM OF 30’ AWAY

FROM PROPERTY LINES OF ANY
NEIGHBORING SIDE OR REAR YARDS.
2ND FLOOR WINDOW SILL HEIGHT:
13’ MIN. ABOVE GRADE
3RD FLOOR WINDOW SILL HEIGHT:
22’ MIN. ABOVE GRADE
South Elevation
North ElevationWest Elevation East Elevation
Source: Dahlin, 2020.

Figure 3-6
Building Type 1 Elevation
0 Scale (Feet)
16 PROJECT DESCRIPTION

PLACEWORKS
2 2 6 9 0 S TE V E NS C RE E K B O UL E V ARD PR O JE CT I NI TI AL STUD Y C ITY

O F CUPE RTI NO
139
CC 02-01-2022
139 of 756
22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
08-06-2020
NORTH
JOB NO.

DATE
A1.12
BUILDING TYPE 2 ELEVATIONS
P.L.

P.L.

FRONT ELEVATION

REAR ELEVATION RIGHT ELEVATIONLEFT ELEVATION
UNIT 1 UNIT 1
1/4” = 1’-0”
29’-10 1/2” TOP OF GRADE

TO TOP OF ROOF FRAMING
1’ - 2’ PARAPET FOR

ARTICULATION OF ROOF LINE

ALUMINUM SIDINGSTONE VENEERDECORATIVE METAL RAILING STUCCO STUCCO
NOTE: SEE LANDSCAPE SHEETS FOR

PRIVACY SCREENING TREES PLANTED
ALONG PROPERTY LINES. THE

SARATOGA LAUREL TREES REACH
ABOVE 30’ AT MATURITY AND ARE
ON THE CITY’S LIST OF ACCEPTABLE
SCREENING TREES. ADITIONALLY,

ALL WINDOWS OF PROPOSED
HOMES ARE A MINIMUM OF 30’ AWAY

FROM PROPERTY LINES OF ANY
NEIGHBORING SIDE OR REAR YARDS.
2ND FLOOR WINDOW SILL HEIGHT:
13’ MIN. ABOVE GRADE
3RD FLOOR WINDOW SILL HEIGHT:
22’ MIN. ABOVE GRADE
West Elevation
East ElevationSouth Elevation North Elevation
Source: Dahlin, 2020.

Figure 3-7
Building Type 2 Elevation
0 Scale (Feet)
16 PROJECT DESCRIPTION

PLACEWORKS
2 2 6 9 0 S TE V E NS C RE E K B O UL E V ARD PR O JE CT I NI TI AL STUD Y C ITY

O F CUPE RTI NO
140
CC 02-01-2022
140 of 756
22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
08-06-2020
NORTH
JOB NO.

DATE
A1.14
UNIT 3 ELEVATIONS

FRONT ELEVATION

REAR ELEVATION RIGHT ELEVATIONLEFT ELEVATION
1/4” = 1’-0”
29’-10 1/2” TOP OF GRADE

TO TOP OF ROOF FRAMING
1’ - 2’ PARAPET FOR

ARTICULATION OF ROOF LINE

ALUMINUM SIDINGSTONE VENEERDECORATIVE METAL RAILING STUCCO STUCCO
NOTE: SEE LANDSCAPE SHEETS FOR

PRIVACY SCREENING TREES PLANTED
ALONG PROPERTY LINES. THE

SARATOGA LAUREL TREES REACH
ABOVE 30’ AT MATURITY AND ARE
ON THE CITY’S LIST OF ACCEPTABLE
SCREENING TREES. ADITIONALLY,

ALL WINDOWS OF PROPOSED
HOMES ARE A MINIMUM OF 30’ AWAY

FROM PROPERTY LINES OF ANY
NEIGHBORING SIDE OR REAR YARDS.
2ND FLOOR WINDOW SILL HEIGHT:
13’ MIN. ABOVE GRADE
3RD FLOOR WINDOW SILL HEIGHT:
22’ MIN. ABOVE GRADE
South Elevation
North ElevationWest Elevation East Elevation
Source: Dahlin, 2020.

Figure 3-8
Building Type 3 Elevation
0 Scale (Feet)
16 PROJECT DESCRIPTION

PLACEWORKS
2 2 6 9 0 S TE V E NS C RE E K B O UL E V ARD PR O JE CT I NI TI AL STUD Y C ITY

O F CUPE RTI NO
141
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5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
08-05-2020
DATE
NORTH
1730 N. FIRST STREET, SUITE 600
SAN JOSE, CA 95112

PRELIMINARY TRASH TRUCK CIRCULATION PLAN
C7.0
Source: Dahlin, 2020. BKF, 2020.

Figure 3-9
Waste Management Vehicle Circulation Plan
0 Scale (Feet)
60 PROJECT DESCRIPTION

PLACEWORKS
2 2 6 9 0 S TE V E NS C RE E K B O UL E V ARD PR O JE CT I NI TI AL STUD Y C ITY

O F CUPE RTI NO
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22690 STEVENS CREEK BOULEVARD PROJECT INITIAL STUDY

CITY OF CUPERTINO

PROJECT DESCRIPTION
3-20 OCTOBER 2021

FINAL DRAFT

PEDESTRIAN AND BICYCLE ACCESS
Class II bike lanes currently exist on both sides of South Foothill Boulevard and on the north side of Stevens Creek Boulevard along the length of the project site. The proposed project would include the extension of a new Class II bike lane along the southern side of Stevens Creek Boulevard along the length of the project site.42 The proposed project would include construction of sidewalks along the perimeter of the project site, alongside Stevens Creek Boulevard, Camino Vista Drive and South Foothill Boulevard. See Figures 3-4 through 3-5 (previously shown) display site perspectives of the proposed site along with placement of the proposed sidewalks. These sidewalks would provide pedestrian access to the site.

Pedestrians would also have access to the site from the existing crosswalks on Stevens Creek Boulevard connecting to South Foothill Drive.

3.2.4 LANDSCAPING
The project would include 10,608 square feet of landscaping and 9,454 square feet of pervious landscaped surfaces. Figure 3-10 illustrates the landscaping plan. The project site includes landscaping throughout the project site’s interior, the site perimeter, and in the common open space areas. For neighborhood privacy, required privacy plantings would occur along the property edge. Trees and other landscaping would be planted along Camino Vista Drive, Stevens Creek Boulevard, and South Foothill Boulevard as well as along the internal driveway. As stated above in Section 3.1.4, Land Use and Zoning Designations, 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. 43 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 area required by the City’s Municipal Regional Permit.

3.2.5 LIGHT, GLARE, AND MECHANICAL EQUIPMENT
As shown in Figure 3-11, the source, intensity, and type of exterior street lighting for the project site would generally be provided for the purpose of orienting residents and their visitors and for safety needs along the streets and sidewalks. All permanent on-site lighting would be low-level illumination, downward directed and shielded to reduce light spill or glare into surrounding residential homes. In landscaped 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 uses.

42 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 43 The California Model Water Efficient Landscape Ordinance defines a hydrozone as a portion of the landscaped area having plants with similar water needs.
143
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143 of 756

STEVENS CREEK BOULEVARD

FOOTHILL BOULEVARD

CAMINO VISTA DRIVE
1670 SECTIONAL GARAGE DR.
1670 SECTIONAL GARAGE DR.
1670 SECTIONAL GARAGE DR.1670 SECTIONAL GARAGE DR. 1670 SECTIONAL GARAGE DR.1670 SECTIONAL GARAGE DR.

STREET TREE ON

CAMINO VISTA DRIVE
(CHINESE PISTACHE)

STORMWATER BASIN PLANTING

AREAS ALONG FRONTAGE MINOR ACCENT TREES
(REDBUDS)

SHRUB PLANTING ALONG DRIVEWAY

STANDARDIZED SHRUB

BETWEEN DRIVEWAYS
(INDIA HAWTHORN)

PRIMARY ACCENT TREES
(SOUTHERN MAGNOLIA)

PEDESTAL-MOUNT

CHARCOAL GRILLS
(2 TOTAL)

LOW ACCENT PLANTING

AT WALKWAY ENTRIES ORNAMENTAL GRASSES

ALONG PARKWAY STRIP

PRIVATE GARDEN AREA ENCLOSED

WITH LOW ARCHITECTURAL WALL

SPREADING GROUND

COVER PLANTING
(LANTANA)
18 FT. SQUARE OVERHEAD WOOD

SHADE TRELLIS

DECORATIVE PAVER GATHERING

AREA W/ STEPSTONE 'SONORASTONE'

SQUARE PERCAST PAVERS
LAWN AREA (402 SQ. FT.)

STORMWATER BASIN PLANTING

AREAS ALONG FRONTAGE

STORMWATER

BASIN PLANTING

FLOWERING SHRUBS
(PURPLE SAGE)

MINOR FLOWERING

ACCENT TREE
(REDBUD)

SPREADING GROUND

COVER PLANTING AT

THE PROJECT ENTRIES
(LANTANA)

BROADLEAF EVERGREEN TREES
ALONG PROPERTY LINE @ 10 FT. O.C.
(SARATOGA LAUREL)

SHRUB PLANTING ALONG DRIVEWAY

SPREADING GROUND

COVER PLANTING
(LANTANA)

PRIMARY ACCENT TREES
(FLOWERING PEARS)

STORMWATER BASIN

AREA ALONG FRONTAGE

STORMWATER BASIN

AREAS ALONG FRONTAGE

SCREEN PLANTING AT

TRANSFORMER

DECORATIVE BOLLARD

LIGHTS ALONG PATHWAY

POLE-MOUNTED LIGHT
FIXTURE (16 FT. POLE)

BIKE RACK LOCATION
(PARKING FOR 2 BIKES)

ALL GROUND PLANE PLANTING

IN SIGHT LINE AREAS TO BE
30" MAX. HT. (TYPICAL)

BROADLEAF EVERGREEN TREES
ALONG PROPERTY LINE @ 10 FT. O.C.
(SARATOGA LAUREL)

STORMWATER PLANTERS
IN PARKWAY STRIP (TYP.)
EXISTING 6 FT. HT. WOOD FENCE TO REMAIN
EXISTING 6 FT. HT. WOOD FENCE TO REMAIN
EXISTING 8 FT. HT. WOOD FENCE TO REMAIN
4 FT. WIDE CONCRETE

SURFACE FOR ACCESS

FROM PARALLEL PARKING

STALLS ALONG CURB
11'-6"

DECORATIVE PAVING AT PEDESTRIAN

CROSSWALK (SEE IMAGE)

MEDIUM HEIGHT SHRUBS

ALONG BUILDING FOUNDATIONS

STREET LIGHT

STREET LIGHT

STORMWATER BASIN

PLANTING

DECORATIVE STAMPED PAVING

AT DRIVEWAY (SEE IMAGE)

DECORATIVE STAMPED PAVING

AT DRIVEWAY (SEE IMAGE)

ALAN ROW
22690 STEVENS CREEK BLVD.

CUPERTINO, CALIFORNIA
Thomas Baak & Associates, LLP
Ph: 925.933.2583
1620 North Main Street, Suite 4
Walnut Creek, CA 94596
Landscape ArchitectsPRELIMINARY

LANDSCAPE PLAN
L1
GENERAL NOTES:

1. ALL PLANTING SHALL BE WATERED BY A FULLY AUTOMATIC, WATER-CONSERVING IRRIGATION SYSTEM W/ WEATHER-BASE CONTROLLER.

2. ALL PLANTING AREAS (EXCEPT STORMWATER BASINS) SHALL RECEIVE A 3" LAYER OF FIRBARK MULCH DRESSING.

3. STORMWATER BASINS (BOTTOMS) SHALL RECEIVE A 2" LAYER OF RIVERWASHED PEBBLES.

4. PROPOSED TREES TO ALL BE 15 GALLON SIZE.

5. PLANTING FOR STORMWATER BASIN PLANTERS SELECTED FROM THE SANTA CLARA VALLEY STORMWATER GUIDEBOOK SUGGESTED PLANT LIST.

6. LANDSCAPE PLAN IS IN COMPLIANCE WITH THE CITY STANDARDS:

SIGNED:________________________

BOTANICAL NAME COMMON NAME SIZE SPACING
STEVENS CREEK BLVD. STREET TREE (WULCOS MEDIUM WATER USE) ACER BEURGERIANUM TRIDENT MAPLE 15 GAL +40 FT. O.C.

CAMINO VISTA DRIVE STREET TREE (WUCOLS LOW WATER USE)
PISTACIA CHINENSIS CHINESE PISTACHE 15 GAL N/A
FOOTHILL BLVD. STREET TREE (WUCOLS LOW WATER USE)
QUERCUS AGRIFOLIA CALIFORNIA LIVE OAK 15 GAL 30 FT. O.C.

BROADLEAF EVERGREEN TREE (WUCOLS LOW WATER USE)
LAURUS NOBILIS 'SARATOGA' SARATOGA LAUREL 24" BOX 10 FT. O.C.

PRIMARY ACCENT TREE (WUCOLS MEDIUM WATER USE)
MAGNOLIA GRANDIFLORA SOUTHERN MAGNOLIA 24" BOX VARIES

MINOR ACCENT TREE (WUCOLS LOW WATER USE)
CERCIS OCCIDENTALIS (STANDARD) WESTERN REDBUD 15 GAL VARIES

STANDARDIZED SHRUB (WUCOLS MEDIUM WATER USE)
PHOTINIA FRASERI PHOTINIA 15 GAL VARIES

STANDARDIZED SHRUB (WUCOLS MEDIUM WATER USE)
RHAPHIOLEPIS 'MAJESTIC BEAUTY' INDIAN HAWTHORN 15 GAL VARIES

RECOMMENDED PLANT MATERIALS LIST BOTANICAL NAME COMMON NAME SIZE SPACING BUILDING FOUNDATION PLANTING (WUCOLS LOW WATER USE):

CALLISTEMON 'LITTLE JOHN' DWARF BOTTLEBRUSH 5 GAL 3 FT.

LOROPETALUM CHINENSIS FRINGE FLOWER 5 GAL 4 FT.

MYRTUS COMMUNIS 'COMPACTA' COMP. MYRTLE 5 GAL 3 FT.

NANDINA 'COMPACTA' COMP. NANDINA 5 GAL 4 FT.

SALVIA NEMEROSA PURPLE SAGE 5 GAL 4 FT.

TEUCRIUM 'COMPACTA' COMP. GERMANDER 5 GAL 4 FT.

PERIMETER HEDGES (WUCOLS LOW WATER USE):

ELAEAGNUS 'MACULATA' GOLDEN ELAEAGNUS 5 GAL 6 FT.

HETEROMELES ARBUTIFOLIA TOYON 5 GAL 6 FT.

LOW PARKING LOT PLANTING (WUCOLS LOW WATER USE):

CALLISTEMON 'LITTLE JOHN' DWARF BOTTLEBRUSH 5 GAL 3 FT.

DIETES IRIDIODES FORTNIGHT LILY 1 GAL 4 FT.

LOMANDRA LONG. 'BREEZE' DWARF MAT RUSH 1 GAL 3 FT.

NANDINA 'GULFSTREAM' GULFSTREAM NAND. 5 GAL 4 FT.

PENNISETUM 'BUNNY TAILS' DWF FOUNTAIN GRASS 5 GAL 3 FT.

TEUCRIUM LUCIDRYS GERMANDER 1 GAL 3 FT.

GROUND COVER (WUCOLS LOW WATER USE):

COPROSMA 'KIRKII' CREEPING COPROSMA1 GAL 3 FT.

LANTANA MONTEVIDENSIS WHITE LANTANA 1 GAL 3 FT.

ROSMARINUS 'HUNTINGTON BLUE' ROSEMARY 1 GAL 3 FT.

STORMWATER BIO-TREATMENT BASIN PLANTING (WUCOLS LOW WATER USE):

DESCHAMPSIA CESPITOSA TUFTED HAIR GRASS 1 GAL 3 FT.

FESTUCA CALIFORNICA CALIFORNIA FESCUE 1 GAL 3 FT.

JUNCUS PATENS CALIF. GREY RUSH 1 GAL 3 FT.

MUHLENBERGIA RIGENS DEER GRASS 1 GAL 3 FT.

Source: Thomas Baak & Associates, LLP , 2020.

PROJECT DESCRIPTION

PLACEWORKS
Figure 3-10
Landscape Plan
0 Scale (Feet)
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O F CUPE RTI NO
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(TYP.)
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
08-05-2020
DATE
NORTH
1730 N. FIRST STREET, SUITE 600
SAN JOSE, CA 95112

PRELIMINARY UTILITY PLAN
C5.0
Source: Tarrar Utility Consultants, 2020.

Figure 3-11
Street Lighting Plan
0 Scale (Feet)
40 PROJECT DESCRIPTION

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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.44 The residential units, including balcony railing elements, could have a combination of UV coatings, frosting, and fritting, which reduces glare and reflections, and makes the glass visible to birds as a solid obstruction to reduce collisions.

The heating, ventilation, and air conditions (HVAC) unit for each dwelling unit would include an outdoor heat pump, three indoor fan coil units, and a ceiling exhaust fan in each of the bathrooms and laundry rooms. The HVAC units would be located on the first floor, near the garage for the two, Type 1 buildings and the single Type 3 building, and on the front porch of the single Type 2 building. The HVAC systems would be shielded from view by screening or landscaping at least 3 feet in height, which would also serve as a noise attenuation feature.

3.2.7 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 14-inch water lines along South Foothill Boulevard. 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 District, requires water conservation and requires new buildings to reduce water consumption by 20 percent.

SANITARY SEWER SERVICE
As shown on Figure 3-12, the proposed project would connect to the existing 10-inch sanitary sewer system line on South Foothill Boulevard.

STORMWATER MANAGEMENT
The proposed project would result in 18,052 square feet of impervious surfaces coverage, as shown in Figure 3-13. Compared to approximately 2,757 square feet of impervious surfaces coverage in existing conditions, this would be an increase of 15,295 square feet of impervious surfaces. The proposed project includes 9,454 square feet of pervious surfaces in the form of landscaping and one on-site bioretention area that would hold and treat stormwater before it is released into the City’s off-site storm drain infrastructure.

44A 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. 146
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387.80
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FF 389.90
(TYP.)
FF 388.30
(TYP.)
FF 387.90
(TYP.)
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
08-05-2020
DATE
NORTH
1730 N. FIRST STREET, SUITE 600
SAN JOSE, CA 95112

PRELIMINARY UTILITY PLAN
C5.0
Source: Dahlin, 2020. BKF, 2020.

Figure 3-12
Utility Plan
0 Scale (Feet)
60 PROJECT DESCRIPTION

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5865 Owens Drive
Pleasanton, CA 94588
925-251-720022690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC JOB NO. 1562-001
08-05-2020DATE
NORTH
1730 N. FIRST STREET, SUITE 600
SAN JOSE, CA 95112

PRELIMINARY STORMWATER CONTROL PLAN
C6.0
Source: Dahlin, 2020. BKF, 2020.

Figure 3-13
Stormwater Plan
0 Scale (Feet)
60 PROJECT DESCRIPTION

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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 District, which is intended to provide regulations and give legal effect to certain requirements of the NPDES permit issued to the City.

SOLID WASTE SERVICES
Recology South Bay (Recology) would provide curbside recycling, garbage, and compost and landscaping waste service to the project.
45 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.46 The source of electricity would be provided through a partnership with Silicon Valley Clean Energy (SVCE), which provides a standard electricity offering from a 50 percent renewable portfolio,47 and PG&E. SVCE also offers a 100 percent renewable option that electricity customers can opt into. Telephone service would be provided by AT&T and other providers. Cable television service would be available from a number of providers, including Comcast.

3.2.8 DEMOLITION, SITE PREPARATION, AND CONSTRUCTION
Demolition and construction would take place over a 10-month period, which is anticipated to begin in January 2022 and end in November 2022, subject to regulatory approval.48 Table 3-1 shows the approximate demolition and construction phasing.

Demolition would take place over a two-week period, while grading and site preparation, including excavation, would be completed over a two-month period. Demolition and construction work would be conducted between 7:00 a.m. and 8:00 p.m. on weekdays, as provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction are not permitted on weekends or holidays for sites within 750 feet of other residential properties.49 Demolition debris, including soil, would

45 City of Cupertino, Garbage and Recycling, https://www.cupertino.org/our-city/departments/environment- sustainability/waste, accessed on January 16, 2019.
46 City of Cupertino. 2019. Other Service Providers. https://www.cupertino.org/our-city/departments/other-service- providers. Accessed May 2, 2019.
47 Silicon Valley Clean Energy. 2019. Your Choices. https://www.svcleanenergy.org/choices/, accessed on May 2, 2019 at 48 New buildings would be constructed to the California 2019 Building Energy Efficiency Standards (effective January 1, 2020).
49 Cupertino Municipal Code, Title 10, Public Peace, Safety and Morals, Chapter 10.48, Community Noise Control, Section

10.48.053, Grading, Construction and Demolition.
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be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and Diversion of Construction and Demolition Waste Ordinance.50 Debris to be hauled would include approximately 2,400 square feet of building demolition debris and 4,959 square feet of asphalt/concrete material. The soil would be balanced on site. 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 20,129 square feet of built space
including hardscape (e.g., curb, gutters, planters, etc.) and 10,608 square feet of landscaped areas. 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 on- and 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
 Use Permit
 Vesting Tentative Map
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 within the public right-of-way.

50 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste.

TABLE 3-1 DEMOLITION AND CONSTRUCTION
Activity Phase 1 (Work Days)
Demolition 18
Site Preparation 2
Grading 4
Building Construction 176
Paving 9
Architectural Coating 9
Source: California Emissions Estimator Model Version 2016.3.25, and PlaceWorks, 2020.
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Environmental Analysis

4.1 DISCUSSION OF ENVIRONMENTAL EVALUATION
The General Plan EIR included an analysis of the project site as potential Housing Element Site 8 (Bateh Bros.), 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 35 dwelling units per acre, or 19 net residential units, with a maximum of 30 feet in height.51 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 8 in the General Plan EIR, the adopted General Plan does not designate this site as a Priority Housing Element Site in the Housing Element.52 Consistent with the analysis presented in the General Plan EIR, and due to the urbanized city setting of the project site, the proposed 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.53 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.54 Finally, the city does not contain land zoned for farmland or timberland production.55 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.
56 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

51 PlaceWorks. 2015. City of Cupertino General Plan EIR, Chapter 3, Project Description, page 3-86. 52 City of Cupertino. 2015. City of Cupertino General Plan, Housing Element. Page H-16. 53 California Resources Agency, Farmland Mapping and Monitoring Program. Santa Clara County Important Farmland 2010, accessed on June 17, 2020.
54 California Department of Forestry and Fire Protection Fire and Resource Assessment Program, Land Cover Map, accessed on June 17, 2020.
55 City of Cupertino, Zoning Map, http://www.cupertino.org/index.aspx?page=291, accessed on June 17, 2020. 56 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 19 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 is partially developed with an aging one-story convenience store and associated parking.

However, the majority of the project site is unimproved and partially unpaved. The project site is immediately surrounded by Stevens Creek Boulevard and existing residential cluster development and one-story commercial developments to the north and east, and single-family residential development to the south and west. There is no existing landscaping on the project site.

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. 153
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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 less- than-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 commercial building would be removed and replaced by the proposed nine-unit, single-family attached residential project with one ADU, and all structures would be three stories tall and 29 feet and 10.5 inches at the roofline. There are no existing trees on-site.

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 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 0.8 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.

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.

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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 building to multiple three-story residential buildings, 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 allows residential densities compatible with the surroundings.57 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 10,608 square feet of landscaping. Project landscaping would consist of landscaping throughout the interior, along the perimeter of the project site, and in the common open space areas. For neighborhood privacy, required privacy plantings would be located along the property edge. Trees and other landscaping would be planted along Camino Vista Drive, Stevens Creek Boulevard, and South Foothill Boulevard, as well as along the internal project roadway network.

Furthermore, the proposed project would be 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. 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.

57 City of Cupertino. 2015. City of Cupertino General Plan, Appendix A, Land Use Definitions. 155
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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 area is caused by adjacent 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 consistent with the surrounding land uses. As shown in Figure 3-11, the source, intensity, and type of exterior street lighting for the project site would generally be provided for the purpose of orienting residents and their visitors and for safety needs along the streets and sidewalks and would be typical for single-family homes.

All permanent on-site lighting would be low-level illumination, downward directed, and shielded to reduce light spill or glare into surrounding residential homes. In landscaped areas, light sources would be concealed and not visible from a public viewpoint. All exterior surface and above-ground 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 such as windows and doors are proposed, glazing treatments would vary, and none of the exterior glass would have a light reflectance value of more than 15 percent.
58 The exterior of the proposed buildings, 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. For these reasons, impacts would remain consistent with the conclusions in the General Plan EIR and would be less than significant.

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?    

58A 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. 156
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Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
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 19 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 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. Because commercial uses, such as the existing convenience store on the project site, experience periodic transitions in tenants and occupancy, this analysis assumes the commercial building on site is fully occupied and operational (i.e., historic operations) as the baseline.

The project site is currently developed with one commercial building, which is estimated to generate approximately 1,829 gross average daily trips on a weekday. 59 Commercial uses like the existing
convenience store generate criteria air pollutants from transportation sources, energy (natural gas and purchased energy), and area sources such as architectural coatings.

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

59 Hexagon Transportation Consultants. January 2020. Trip Generation Study for a Residential Project on Stevens Creek Boulevard in Cupertino, CA.
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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 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.

DISCUSSION
The Air Quality section of this Initial Study addresses the impacts of the proposed project on ambient air quality and the exposure of people, especially sensitive individuals, to unhealthful pollutant concentrations. A background discussion on the air quality regulatory setting, meteorological conditions, existing ambient air quality in the vicinity of the project site, and air quality modeling can be found in Appendix A, Air Quality and Greenhouse Gas Emissions Data, of this Initial Study. The construction health risk assessment (HRA) is included in Appendix B, Health Risk Assessment, of this Initial Study.

The primary air pollutants of concern for which ambient air quality standards (AAQS) have been established are ozone (O
3), carbon monoxide (CO), coarse inhalable particulate matter (PM10), fine inhalable particulate matter (PM2.5), sulfur dioxide (SO2), nitrogen dioxide (NO2), and lead (Pb). Areas are classified under the federal Clean Air Act and California Clean Air Act as either in attainment or nonattainment for each criteria pollutant based on whether the AAQS have been achieved. The San Francisco Bay Area Air Basin (SFBAAB), which is managed by the Bay Area Air Quality Management District (BAAQMD or Air District), is nonattainment area for California and National O 3, California and National
PM2.5, and California PM10 AAQS.

BAAQMD has identified thresholds of significance for criteria pollutant emissions and criteria air pollutant precursors, including ROG, NO
x, PM10, and PM2.5. Development projects below the regional significance 158
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thresholds are not expected to generate sufficient criteria pollutant emissions to violate any air quality standard, contribute substantially to an existing or projected air quality violation, or substantially contribute to health impacts. Where available, the significance criteria established by BAAQMD may be relied upon to make the following determinations.

For the purpose of this analysis, operational emissions for the proposed project were not quantified.

While the proposed project would generate criteria air pollutant emissions from transportation sources, energy use, and area sources, because the residential use would result in 85 gross daily trips, a substantial decrease from the 1,829 gross average daily trips from existing uses. Furthermore, BAAQMD has also identified screening criteria for project operation and the project would fall substantially below the screening criteria (e.g., 9 units compared to 451 condominium units). Impacts as a result of the proposed project’s operation will be discussed qualitatively.
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? The BAAQMD is directly responsible for reducing emissions from area, stationary, and mobile sources in the 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 include the construction of nine residential units with one ADU resulting in a density of 13.2 dwelling units per acre and, therefore, would not exceed the 15 dwelling units per acre limit designated in the General Plan or the 35 dwelling units per acre limit 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 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. 159
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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 O 3, 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, NO
x, 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 project-related impacts from regional short-term construction activities and regional 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 (PM 10 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, PM 10, and fine PM2.5.

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, PM
10 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.
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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 or require all trucks to maintain at least 2 feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer).
 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 .  Vegetative ground cover shall be planted in disturbed areas as soon as possible and watered appropriately until the 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 result in demolition, demolition debris hauling, site preparation, grading and grading soil haul, building construction, paving, and architectural coating 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 January 2022 and end in November 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 4-1. Average daily emissions are based on the annual construction emissions divided by the total number of active construction days. 161
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TABLE 4-1 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
2022 0.81 0.91 0.02 0.05 0.01 0.04
Criteria Air Pollutants (average lbs/day) a
Average Daily Emissions c 2.34 17.30 0.22 0.42 0.07 0.40 BAAQMD Average Daily Project-
Level Threshold 54 54 BMPs 82 BMPs 54
Exceeds Average Daily Threshold No No NA No NA No
Notes: Emissions may not total to 100 percent due to rounding. BMP = Best Management Practices; N/A = 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 218.

Source: California Emissions Estimator Model (CalEEMod), Version 2016.3.2.25 As shown above in Table 4-1, criteria air pollutant emissions from construction equipment exhaust would not exceed the BAAQMD average daily 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 and new paved and landscaped surfaces.

As described in Section XV, Transportation, of this Initial Study, below, the proposed project would generate a net total of 85 average daily weekday trips, which would be a decrease of 1,744 average daily weekday trips from the existing land uses at the site. The proposed project would produce an approximate daily VMT of 538, which would be a daily decrease in VMT of 3,262 miles from the existing land uses at the site.60 Because transportation emissions would generate the majority of criteria air pollutants associated with the project, this reduction in average daily weekday trips and associated daily VMT would result in a project benefit in reducing criteria air pollutant emissions in the city. In addition, 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. Therefore, the proposed project would not exceed the BAAQMD daily pounds per day or annual tons per year project level threshold and would not create a cumulatively considerable contribution to the nonattainment designations of the SFBAAB. Because criteria

60 Hexagon Transportation Consultants. January 2020. Trip Generation Study for a Residential Project on Stevens Creek Boulevard in Cupertino, CA.
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air pollutant emissions associated with the proposed project are anticipated to decrease from existing conditions, resulting in a project benefit to air quality, project-related operation activities to the regional air quality would be less than significant.

Summary
As described, the proposed project would not have a significant long-term operational phase impact.

However, without incorporation of fugitive dust control measures required by BAAQMD, construction activities associated with the proposed project 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 proposed project’s contribution to cumulative air quality impacts would be less than significant with mitigation. 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 4-1 in criterion (b), described in pounds per day (PPD), 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 BAAQMD has developed Screening Tables for Air Toxics Evaluation During Construction (2017) to evaluate construction-related health risks associated with residential, commercial, and industrial projects. 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. The nearest sensitive receptors to the project site are the residents along South Foothill Boulevard to the south and east, along Camino Vista Drive to the west, and along Stevens Creek Boulevard to the north. Additional sensitive receptors within 1,000 feet of the site are senior living residents at Sunny View Bay Area Retirement Community, approximately 525 feet to the northeast. Consequently, a site- specific construction health risk assessment (HRA) of TACs and PM

2.5 was prepared (see Appendix B of this Initial Study).

A quantified analysis of the proposed project construction emissions was conducted using the CalEEMod, Version 2016.3.2.25. Construction emissions were based on 218 working days of the total 10-month construction duration. The United States Environmental Protection Agency (USEPA) AERMOD, Version 9.9, dispersion modeling program was used to estimate excess lifetime cancer risk, chronic non-cancer hazard index for non-carcinogenic risk, and the PM2.5 maximum annual concentrations at the nearest sensitive receptors. The results of the analysis are shown in Table 4-2. 163
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TABLE 4-2 CONSTRUCTION RISK SUMMARY – UNMITIGATED
Receptor
Cancer Risk
(per million)
Chronic
Hazards
PM2.5
(µg/m3)
Maximum Exposed Receptor – Off-site Resident 59.4 0.133 0.63 Maximum Exposed Receptor – Senior Living Resident 0.009 0.002 0.001 BAAQMD Threshold 10 1.0 0.30
Exceeds Threshold? Yes No Yes
Note: micrograms per cubic meter = µg/m3; PM2.5 – fine particulate matter Source: Cancer risk calculated using 2015 Office of Environmental Health Hazard Assessment Health Risk Assessment Guidance Manual; Lakes AERMOD View, 9.9.

The results of the HRA are based on the maximum receptor concentration over a 10-month construction exposure duration for off-site receptors.61 Risk is based on the updated Office of Environmental Health Hazard Assessment (OEHHA) Guidance Manual:62
 Cancer risk for the maximum exposed off-site resident from construction activities related to the proposed project were calculated to be 59.4in a million and exceeds the 10 in a 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.
 The cancer risk for the maximum exposed senior living residential receptor would not exceed the 10 per million significance threshold.
 For non-carcinogenic effects, the chronic hazard index identified for each toxicological endpoint totaled less than one for all the off-site sensitive receptors. Therefore, chronic non-carcinogenic hazards are within acceptable limits.
 For the residential MER, the maximum annual PM2.5 concentration of 0.63 exceeds the BAAQMD significance threshold of 0.3 micrograms per cubic meter (µg/m3). Therefore, PM2.5 emissions are not within acceptable limits.
 For the maximum exposed senior living residential receptor, the maximum annual PM2.5 concentration does not exceed the 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.

61 The 2015 Office of Environmental Health Hazard Assessment Air Toxics Hot Spots Program Guidance Manual identified that 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.
62 Office of Environmental Health Hazard Assessment, 2015. Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments.
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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 United State Environmental Protection Agency (USEPA) or California Air Resources Board (CARB) Tier 4 Interim emission standards for off-road diesel-powered construction equipment with more than 25 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 emission standards for construction equipment more than 25 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 manufacturer 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 proposed project localized construction emissions, as shown in Table 4-3. The results indicate that, with mitigation, cancer risks and annual PM

2.5 concentrations would be less than the BAAQMD’s significance thresholds for residential-based receptors. Therefore, the proposed project would not expose off-site sensitive receptors to substantial concentrations of air pollutant emissions during construction and impacts would be less than significant with mitigation.

TABLE 4-3 CONSTRUCTION RISK SUMMARY – MITIGATED
Receptor
Cancer Risk
(per million)
Chronic
Hazards
PM2.5
(µg/m3)
Maximum Exposed Receptor – Off-site Resident 4.9 0.011 0.05 Maximum Exposed Receptor – Senior Living Resident <0.001 <0.001 <0.001 BAAQMD Threshold 10 1.0 0.3
Exceeds Threshold? No No No
Notes: micrograms per cubic meter = µg/m3; PM2.5 – fine particulate matter; Risks incorporate Mitigation Measure AQ-2, which requires all equipment of 25 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, 9.9.
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Operation Phase 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 residential project. The 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) 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 2040. 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, VMT, 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). 63 Project implementation
would generate 143 fewer AM (morning) peak hour trips and 109 fewer PM (evening) peak hour trips.64 As a result, the proposed project would result in a reduction in CO concentrations at intersections.

Localized air quality impacts related to mobile-source emissions would be a project benefit; and therefore, no impact would occur.

63 Bay Area Air Quality Management District (BAAQMD), 2011 Revised. California Environmental Quality Act Air Quality Guidelines.
64 Hexagon Transportation Consultants. January 2020. Trip Generation Study for a Residential Project on Stevens Creek Boulevard in Cupertino, CA.
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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 the residential development 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. Residential uses are not associated with foul odors that constitute a public nuisance.

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, odors would typically 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.” A limited Phase II ESA sub
surface investigation evaluated the soil and water conditions on the project site.65 As discussed further in Section VIII, Hazards and Hazardous Conditions, the Phase II ESA found no- risk or hazards above the regulatory values but did find the potential for vapor intrusion that could cause a nuisance odor. The Phase II ESA included a recommendation to install a vapor barrier beneath the concrete foundation slab of the proposed building at the site to mitigate any potential odor risks associated with concentration of vapors resulting from soil vapor contamination at neighboring property 22510 Stevens Creek Boulevard (Cupertino Beacon).66 Therefore, implementation of Mitigation Measure AQ-3
is required to reduce potential odor impacts to a less-than-significant level.

Impact AQ-3: Development on the project site could expose future residents to potential odors from non- hazardous soil vapor contamination from the neighboring property at 22510 Stevens Creek Boulevard.

Mitigation Measure AQ-3: The project applicant shall install a vapor barrier beneath the concrete foundation slab of the proposed residential buildings at the project site to mitigate potential odor risks associated with concentration of non-hazardous soil vapor contamination. 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.

65 Achievement Engineering, 2019. Phase II Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 2, October 17.
66 Achievement Engineering, 2019. Phase II Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 9, October 17.
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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 special- status 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?
   

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 19 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 reduce potential impacts to birds protected under the Migratory Bird Treaty Act (MBTA). Future projects in Cupertino are 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) if applicable.

EXISTING CONDITIONS
The project site and surrounding area is urbanized and contains roadways, structures, and other impervious surfaces. There are no existing trees on-site. Existing conditions include a commercial building and associated paved surface parking surrounded by an undeveloped and unpaved (dirt and gravel) area adjacent to Stevens Creek Boulevard and South Foothill Boulevard. The surrounding area is built out and primarily dominated by buildings and 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 between the period of 1939 and 1950. These conditions do not lend themselves to presence of 168
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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 CALVEG67 habitat mapping program classifies 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),
68 although there are no trees or other landscaping on the project site.

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 flavipunctatus niger). These special-status species were recorded at least 1 mile away from the site.

The nests of most bird species are protected under the MBTA when in active use. Because there are no existing trees or vacant buildings on-site, there is no habitat for nesting available on-site. There are trees on the adjacent properties that could have nests that could be disturbed during project construction.

Numerous bat species are 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 in the vicinity of the project site 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 roosts does not exist on the project 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 0.5

67 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. 68 City of Cupertino General Plan (Community Vision 2015-2040), Chapter 6, Environmental Resources and Sustainability Element, Figure ES-1.
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miles to the east of the project site. Existing 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 project 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.

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 nor are there any trees on the project site. 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.

Nesting Birds
While there are no existing trees on the project site, the residential properties immediately adjacent to the project site to the south contain mature trees that have the potential to have nesting birds.

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

Impact BIO-1: Demolition and construction activities could disturb active nests in trees at the residential properties immediately adjacent to the project site to the south, 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. 170
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 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.

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 project 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 that the surrounding area is developed with residential and commercial buildings of similar height (30 feet); the project site does not have existing 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 uses and the project site is currently developed with an occupied structure, 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 171
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vicinity, the applicant, as described in Chapter 3, Project Description, has committed to implementing bird-safe design measures in the new buildings, consistent with the proposed draft Cupertino Bird-Safe Guidelines, 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:
 Non-Reflective Glass: None of the exterior glass in the new buildings will have a light reflectance value of more than 15 percent because some birds in certain circumstances might see vegetation in the reflection and fly into a building.
 Fritted Glass: Fritted glass is a non-reflective glass that is used to reduce glare and lower the danger to birds. The residential units, including balcony railing elements, would have a combination of UV coatings, frosting, and fritting, which reduces glare and makes the glass 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 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, shrubs and screen planting would occur along the southern property edge, consisting of broadleaf evergreen trees, primary accent trees, and required privacy planting shrubs. Trees and other landscaping would be planted along Camino Vista Drive, Stevens Creek Boulevard, and South Foothill Boulevard, as well as along the internal project roadway network.

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.

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 also be required to comply with these standards which would also ensure that any potential impact would be less than significant for special-status birds and more common bird species.

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 172
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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 0.5 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.
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. Given the absence of trees and mostly paved and gravel surfaces on-site with one building, the types of wildlife species that are common to urban and suburban habitat would not likely be displaced by construction of 173
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the proposed project. The types of species that would be acclimated to the project site are relatively abundant, and adapted to human disturbance. As discussed in Chapter 3, Project Description, of this Initial Study, the proposed project would not include the removal of trees, as none currently exist on-site.

Furthermore, the proposed project would provide 10,608 square feet of landscaping 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 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 in an urbanized area where sensitive biological and wetland resources are considered to be absent, and no trees currently exist on the project site. Additionally, no major conflicts with the relevant policies or ordinances related to biological resources in the General Plan and/or CMC would occur . Therefore, project impacts 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.

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 19 dwelling units and a 30-foot height maximum at a program level. The 174
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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 Resources in 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.

In 1939 the site was occupied by an orchard and the orchard trees were gradually cleared from the site between the period of 1939 and 1950. Review of the historical data available for the site reveals that the development of the site in its current form most likely took place between 1950 and 1956,69 which is within the 45-year age limit established by the State Office of Historic Preservation for buildings that may be of historical value.70 However, the existing building is not currently listed on the National Register of Historic Places or the list of California Historical resources.71 Nor is the existing building associated with significant cultural events, persons in California’s past, and does not have any distinctive historical characteristics, and as such does not have any qualifying historical value.

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. 72 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’s commercial building was developed between 1950 and 1956. The existing building does not meet the criteria for listing in the California Register of Historical Resources. Additionally, the General Plan EIR did not identify the project site or existing building as a historic resource, and the existing buildings are not currently listed as California

69 Achievement Engineering Corp. 2019. Phase I Environmental Site Assessment for 22690 Stevens Creek Boulevard, Cupertino, California, pages 2 and 3.
70 Public Resources Code Section 5024.1.
71 California Office of Historic Preservation. 2019. California Historical Resources. Accessed June 19, 2020 at http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43. 72 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c), Determining the Significance of Impacts on Historical and Unique Archeological Resources.
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Historical Resources.73 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 EIR74 did not identify any known archaeological deposits on the project site. However, 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 required by the General Plan EIR, 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.

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.

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.

73 Office of Historic Preservation, Listed California Historical Resources. Accessed June 19, 2020 at http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43. 74 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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 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. 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 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 mandatory regulatory procedures described above, potential impacts related to the potential discovery or disturbance of any human remains accidently unearthed during construction 177
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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. E NERGY
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 19 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 2027.75 The nearest PG&E substation to the project site is the Monta Vista Substation on California Oak Way approximately 0.4 miles northwest of the project site. The nearest electricity transmission lines to the project site are located adjacent to the project site along Stevens Creek Boulevard and South Foothill Boulevard.76 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.

75 California Energy Commission (CEC). 2017. California Energy Demand Updated Forecast, 2017-2027. https://efiling.energy.ca.gov/getdocument.aspx?tn=214635, accessed on June 18, 2020. 76 California Energy Commission (CEC). 2012, October 25. Local Reliability Maps for 2013: Enlargement Maps. http://www.energy.ca.gov/maps/infrastructure/3part_enlargements.html. 178
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Current energy demands are derived from the operation of one single-story commercial convenience store that was constructed between 1950 and 1956.77 Current energy demand includes energy demand from vehicle trips. When applying the trip generation rate for a convenience market, the existing uses on the site generate 1,829 gross average daily trips and 3,800 daily VMT.78

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 and vendors. The operation of the proposed residential buildings would use energy for cooling, heating, lighting, and landscape equipment, and for vehicle trips to and from the residential uses. According to the existing trip estimates described in Section XV, Transportation, the proposed project would generate 85 net daily weekday vehicle trips and 538 net daily VMT, which is 1,744 average daily weekday vehicle trips and 3,262 daily VMT less than what is generated for the existing 2,400 square foot convenience market. 79 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 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 for pedestrians and bicyclists as it would include the construction of sidewalks along the perimeter of the project site, alongside Stevens Creek Boulevard, Camino Vista Drive and South Foothill Boulevard, and the construction of Class II bike lanes along the project site of Stevens Creek Boulevard. Existing crosswalks and Class II bike lanes on South Foothill Boulevard and Stevens Creek Boulevard would also remain and would provide additional access to the project site. As described in Section X, Land Use and Planning, below, of this Initial Study, the proposed project is consistent with the General Plan land use designation and would not result in new growth potential from what was considered in the General Plan EIR.

77 Achievement Engineering Corp., 2019, Phase I Environmental Site Assessment for 22690 Stevens Creek Boulevard, Cupertino, California, pages 2 and 3, July 29.
78 Hexagon Transportation Consultants, Inc. January 2020. Trip Generation Study for a Residential Project on Stevens Creek Boulevard in Cupertino, CA. See Appendix G of this Initial Study. 79 Hexagon Transportation Consultants, Inc. January 2020. Trip Generation Study for a Residential Project on Stevens Creek Boulevard in Cupertino, CA. See Appendix G of this Initial Study. 179
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The proposed 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.80 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 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, single family and multi-family homes equal to or less than nine homes are required to meet CALGreen Building Code in accordance with CALGreen’s minimum thresholds. 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. 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.

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 use of renewable energy planning and energy efficiency standards. Additionally, as previously discussed, the proposed project would be built to the 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.

80 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.

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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?    

GENERAL PLAN EIR
Chapter 4.5, Geology, Soils, and Seismicity, of the General Plan EIR, addressed geological and seismic- related impacts associated with buildout of the General Plan including the redevelopment of the project site with up to 19 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 and project specific information from the Geotechnical Report dated March 3, 2020, prepared for the project site by Achievement Engineering Corp. (AEC), which can be found in Appendix C, Geotechnical Report, of this Initial Study. The report discusses the findings of the geotechnical investigation, including the site soils and groundwater presence, and provides recommendations for the design and construction of the foundation of the structures.

EXISTING CONDITIONS
The following describes the existing conditions on the project site with respect to geology and soil:
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 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 386 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.81 Surficial geology is young, unconsolidated Quaternary alluvium,82 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 Flaskan (formed on slopes of 0 to 30 percent), Landelspark (formed on slopes of 0 to 2 percent), and Botella (formed on slopes of 0 to 15 percent). In almost all instances, these soils are reportedly deep and well drained, and are typified by low to medium runoff. 83  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.
84 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

81 California Soil Resource Lab. https://casoilresource.lawr.ucdavis.edu/gmap/, accessed on June 19, 2020. 82 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.
83 UC Davis Soil Resource Laboratory, 2019. California Soil Resource Lab, Online Soil Survey, URL:
https://casoilresource.lawr.ucdavis.edu/gmap/, accessed June 19, 2020. 84 Santa Clara County, 2012. Santa Clara County Geologic Hazard Zones, Map 18, updated October 26, 2012. 182
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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 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 183
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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 0.4 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 386 feet above mean sea level.85 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. 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 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.

85 Achievement Engineering Corp., 2019, Phase I Environmental Site Assessment for 22690 Stevens Creek Boulevard, Cupertino, California, page 2, July 29.
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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 386 feet above mean sea level. 86 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 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 .

86 Alan Enterprises LLC, 2019. Phase I Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 4.
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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 excavation where no such excavation has previously occurred fossils of potential scientific significance that have not been recorded could be encountered. Therefore, ground-disturbing construction associated with development under the proposed project could cause damage to, or destruction of, paleontological resources. Impacts to paleontological resources or site or unique geologic features on-site would be reduced to a less-than- significant level with implementation of Mitigation Measure GEO-1, which is not required in the General Plan EIR.

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.

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?     186
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Would the proposed project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
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 4.7, Greenhouse Gas Emissions, of the General Plan EIR, addressed the impacts from GHG emissions associated with buildout of the General Plan including the redevelopment of the project site with up to 19 dwelling units and a 30-foot height maximum at a program level. GHG emissions impacts under the General Plan EIR were found to be less than significant, and no mitigation measures were required. This section analyzes the types and quantities of 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 GHG emissions from transportation sources, energy (natural gas and purchased energy), and area sources such as landscaping equipment and architectural coatings.

When applying the trip generation rate for a convenience market, the existing land uses generate approximately 1,829 gross average daily weekday trips and 3,800 daily VMT.87

DISCUSSION
A background discussion on the GHG regulatory setting and GHG modeling can be found in Appendix A to this Initial Study. For the purpose of this analysis, operational emissions for the proposed project were not quantified. The proposed project would generate GHG emissions from transportation sources, energy use, and area sources as well as indirect GHG emissions from water use and wastewater generation and solid waste disposal. The residential use would result in 85 gross daily trips, a substantial decrease from the 1,829 gross average daily trips from existing uses. Furthermore, BAAQMD has also identified screening criteria for project operation and the project would fall substantially below the screening criteria (e.g., 9 units compared to 451 condominium units). Thus, impacts as a result of the proposed project’s operation will be discussed qualitatively.

87 Hexagon Transportation Consultants. January 2020. Trip Generation Study for a Residential Project on Stevens Creek Boulevard in Cupertino, CA.
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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 proposed project’s contribution to the cumulative environmental impact associated with GHG emissions. Development of the proposed project would contribute to climate change through direct and indirect emissions of GHG from the construction activities needed to implement the project, which would generate a short-term increase in GHG emissions. The net increase in emissions generated by the proposed project was evaluated using CalEEMod, Version 2016.3.2.25. The net increase in GHG emissions associated with the proposed project are shown in Table 4-4.

TABLE 4-4 PROJECT CONSTRUCTION GHG EMISSIONS
Category
GHG Emissions (MTCO2ea/Year)
Project Emissions
Total Construction Emissions 172
30-Year Amortized Construction 6
BAAQMD Emissions Threshold (MTCO2e) 660
Exceeds BAAQMD Thresholds? No
Notes: Emissions may not total to 100 percent due to rounding. N/A = not applicable. New buildings would be constructed to the 2019 Building Energy Efficiency Standards (effective January 1, 2020) at a minimum. Existing buildings were constructed prior to the 2005 Building Energy Efficiency Standards; and therefore, the “historic” rates in CalEEMod, which are based on the 2005 Standards, were used to estimate existing building energy use.

Transportation emissions include transportation demand management measures, such as the trip reduction program, required under the Bay Area Commuter Benefits Program.
a. MTCO2e/year = metric tons of carbon dioxide equivalent per year.

Source: California Emissions Estimator Model (CalEEMod), Version 2016.3.2.25.

Construction Impacts
BAAQMD does not have thresholds of significance for construction related GHG emissions, which are one- time, short-term emissions and therefore would not significantly contribute to the long-term cumulative GHG emissions impacts of the proposed project. One-time, short-term emissions are converted to average annual emissions by amortizing them over the service life of a building. For buildings in general, it is reasonable to look at a 30-year time frame, since this is a typical interval before a new building requires the first major renovation.
88 As shown in Table 4-4, when evaluated over an average 30-year project lifetime, average annual construction emissions from the proposed project would represent a nominal source of GHG emissions and would not exceed the BAAQMD de minimis bright-line threshold of 660 MTCO2e/year .89 Accordingly, construction GHG emissions from the proposed project would be less than significant.

88 International Energy Agency, 2008. Energy Efficiency Requirements in Building Codes, Energy Efficiency Policies for New Buildings.
89 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. 188
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Operational Impacts
The proposed project would generate 1,744 fewer daily weekday trips and 3,262 fewer daily VMT than the existing on-site land uses. 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.90 Because long-term GHG emissions associated with the proposed project are anticipated to decrease, resulting in a project benefit to GHGs, impacts would be less than significant.
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, Plan Bay Area 2040, and Cupertino’s CAP. A consistency analysis with these plans is presented below.

CARB’s Scoping Plan
CARB’s Climate Change Scoping Plan (Scoping Plan) outlines the State’s strategies to reduce GHG emissions in accordance with the targets established under AB 32 and Senate Bill (SB) 32. The Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and individual projects.

Nonetheless, 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 Scoping Plan include: implementing SB 350, which expands the Renewable Portfolio Standard to 50 percent by 2030 and doubles energy efficiency savings; expanding the Low Carbon Fuel Standards to 18 percent by 2030; implementing the Mobile Source Strategy to deploy zero-electric vehicle buses and trucks; implementing the Sustainable Freight Action Plan; implementing the Short-Lived Climate Pollutant Reduction Strategy, which reduces methane and hydrofluorocarbons to 40 percent below 2013 levels by 2030 and black carbon emissions to 50 percent below 2013 levels by 2030; continuing to implement SB 375; creating a post-2020 Cap-and-Trade Program; and developing 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 pursuant to the requirements of the California Green Building Standards Code and California Energy Code to achieve the standards in effect at the time of construction permit issuance and would not conflict with statewide programs adopted for the purpose of reducing

90 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. 189
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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.

Plan Bay Area
Plan Bay Area 2040, the Bay Area’s Regional Transportation Plan (RTP)/Sustainable Community Strategy (SCS) that identifies the sustainable vision for the Bay Area. 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 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. While the project site is not located in 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.

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. 190
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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-as- usual forecasts for 2020, 2035, and 2050 for land uses within the City.

2. Establish a level, based on substantial evidence, below which the contribution to GHG 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.

3. 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 VMT from trips with an origin or destination in Cupertino.

4. 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.

5. 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.
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6. Be adopted in a public process following environmental review.  The City’s 2015 addendum to General Plan EIR91 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 2014.92 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 4-5.

TABLE 4-5 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 CO
2e/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

D
evelop aggressive outreach program to drive
voluntary participation in energy- and w
ater-
e
fficiency 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-t erm community-w ide energy
conservation plan that considers future
opportunities to influence building energy efficiency
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 3-11 and 3-12 of Chapter 3, Project Description.

91 City of Cupertino, approved General Plan Amendment, Housing Element Update, and Associated Rezoning EIR Final Addendum, State Clearinghouse Number 2014032007. October 2015. 92 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 4-5 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
through additional or enhanced building
regulations.

Supporting Measure
Measure C-E-5 Community-Wide Solar
Photovoltaic Development

E
ncourage voluntary community-w
ide 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.

2035 GHG Reduction Potential: 925 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-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 Stevens Creek Boulevard connecting to South Foothill Drive. 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 Creek Boulevard 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
Consistent. The City is the responsible party for this measure. As described in Section XV, Transportation, of this Initial Study, the 193
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TABLE 4-5 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency

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
proposed project is an infill project near transit stations served by VTA bus routes 51. The proposed project 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 near transit stations served by VTA bus routes 51. 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
(e.g., major bus stops) through higher densities and
intensities to increase ridership potential.

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 near transit stations served by VTA bus routes 51. The proposed project would not conflict with implementation of this 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

M
aximize solid waste diversion communitywide
through preparation of a zero-w
aste strategic plan.

S
upporting 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.
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TABLE 4-5 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
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 CO
2e/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 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 CO
2e/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 21 trees and 10,608 square feet of landscaping. 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 net benefit to GHG emissions because the project would reduce transportation related GHG emissions on-site. 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. Therefore, the impact would be less than significant. 195
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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?
   
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 associated with buildout of the General Plan including the redevelopment of the project site with up to 19 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.

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 July 29, 2019, and Phase II ESA dated October 17, 2019 both prepared for the project site by Achievement Engineering Corp. (AEC) and reviewed by PlaceWorks and the City. The Phase I ESA and Phase II ESA can be found in Appendix D and Appendix E, respectively, of this Initial Study. The purpose of the Phase I and Phase II ESAs were to evaluate the surface and subsurface conditions at the subject site. 196
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EXISTING CONDITIONS
Phase I ESA
Based on aerial photos, in 1939 there was an orchard was on the property that can no longer be seen in 1950 aerial photo. Sometime between 1939 and 1950 the orchard was cleared from the project site.

While the existence of fertilizers, pesticides and metals are possible in the shallow soil due to this historical land use,93 according to the Department of Toxic Substances and Control (DTSC), when orchards have been removed or became inactive prior to 1950 organic pesticides are not an issue warranting further testing.94 Following the removal of the orchards, the historical data and aerial photos available for the project site reveal that the development of the site, as is, took place between 1950 and 1956. The first City directory listing for this property occurred in 1975, as Frank’s Liquor and Grocery Store. An interview conducted in 2017 reveals that before 1976, the building was used as a bar . Bateh Brothers Liquors and Mini Mart has been located on the project site since 1980.

The Phase I ESA details that the project site did not have pools or sumps containing possible hazardous substances or petroleum products during the site visitation. No storage tanks or evidence of underground pipelines bisecting the project site were observed. No evidence of above ground gasoline or diesel storage tanks was observed, and the historical and regulatory record review revealed no evidence of any underground storage tanks previously used at the project site. Stormwater from paved surfaces is sloped to a public drain, and no abnormal accumulation of petroleum run-off or foreign material was observed.

No wastewater pretreatment or discharge control devices were observed or reported. 95 The Phase I ESA included a search of hazardous material databases and found the site was not listed in any database. Such databases include the DTSC’s EnviroStor database and the GeoTracker . The closest off- site location included in the database search was the neighboring property (Cupertino Beacon) located at 22510 Stevens Creek Boulevard. The Phase I ESA identified that the borings taken at the project site found benzene concentration in soil vapor, which is a recognized environmental condition (REC), to be above the environmental screening levels (ESL). Additionally, it identified that the neighboring property (Cupertino Beacon) has an open Leaking Underground Storage Tank (LUST) case, regulated by the State Water Resources Control Board, as well as documented soil, groundwater, and soil vapor contamination. These represent off-site controlled RECs.
96 93 Achievement Engineering, 2019. Phase II Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 2, October 17.
94 California Department of Toxic Substances Control California Environmental Protection Agency, Interim Guidance for Sampling Agricultural Properties, page 3, August 7, 2008. 95 Achievement Engineering, 2019. Phase I Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 21, July 29.
96 Achievement Engineering, 2019. Phase I Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 26, July 29.
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Phase II ESA
The limited Phase II ESA s ubsurface investigation evaluated the soil and water conditions regarding the above-mentioned on- and off-site RECs.97 The Phase II ESA found no-risk or significant levels of total petroleum hydrocarbons (TPH) Gasoline, TPH Diesel, TPH Motor Oils, Methyl tert-butyl ether (MTBE), BETEX (a group of volatile organic compounds, comprising benzene, toluene, ethylbenzene, and xylene), Organochlorine Pesticides, and heavy metals in the soil, above the regulatory values. However, the Ph ase II ESA included recommendations for the preparation and implementation of a routine health and safety plan to ensure the safety and protection of the public and construction workers during construction and the installation of vapor barriers beneath the concreate foundation slab of the proposed buildings to mitigate potential odor risks associated with concentration of vapors. Because the odor risks are a nuisance and not a hazard, this is discussed in Section II, Air Quality, in criterion (d).98 Lead-Based Paints and Asbestos-Containing Materials
Development of the project site occurred somewhere between 1950 and 1956, and it is unclear when the building was actually constructed; therefore, the existing buildings may contain asbestos-containing materials (ACM), lead-based paint (LBP), or polychlorinated biphenyls (PCBs), which have only been regulated in construction since the early 1970s. ACMs and LBPs in structures do not qualify as RECs regulated by the DTSC.

Sensitive Receptors
Public schools near the project site are Monta Vista High School to southeast of the project site, Stevens Creek Elementary School to the northeast, and John F. Kennedy Middle School to the southeast of the project site. Each public school is approximately 1 mile from the project site. Private schools near the project site are 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 3.5 miles to the east, Archbishop Mitty High School approximately 4 miles to the east, Pinewood School approximately 4 miles to the northwest, and Waldorf School of the Peninsula approximately 4 miles to the northwest. Other sensitive
99 land uses near the project site are the Sunny View Bay Area Retirement Community approximately 0.2 miles to the north, Cupertino Healthcare and Wellness nursing home approximately 0.3 miles to the south, and Cupertino Senior Center approximately 1.3 miles to the east.

Airports
The nearest public airports are San José International Airport, approximately 8 miles to the northeast, and Palo Alto Airport, approximately 9.5 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

97 Achievement Engineering, 2019. Phase II Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 2, October 17.
98 Achievement Engineering, 2019. Phase II Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 9, October 17.
99 Sensitive resources in this context refers to uses or receptors that are most vulnerable to air and noise pollution. 198
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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 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 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 1 mile to the west of the project site.100 The project site is located 0.2 miles to the east of the wildland-urban interface, which is an area of transition between wildland (unoccupied land) and land with human development (occupied land).101

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 hazardous materials, 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. 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.

Operational Impacts
The proposed residential 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,

100 CAL FIRE. 2008. VHSZ Viewer
https://egis.fire.ca.gov/FHSZ/
101 CAL FIRE. 2018. Wildland-Urban Interface Fire Threat. http://www.arcgis.com/home/item.html?id=d45bf08448354073a26675776f2d09cb, accessed June 4, 2020. 199
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transported, stored, and disposed of in accordance with applicable federal, State, and local laws, policies, and regulations. Thus, associated impacts from the operational phase of the proposed 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 above in criterion (a), the 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, development of the project site could have occurred before ACMs, LBPs, or PCBs were regulated in construction in the early 1970s.

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 and subsequently be exposed to construction worker or the public. The most likely scenarios would be from rainwater runoff spreading contaminated waste. Stormwater runoff is discussed in Section IX, Hydrology and Water Quality, below, of this Initial Study and impacts were found to be less than significant.

Construction Impacts
Petroleum products used during construction activities are required to be handled in accordance with existing federal, State, and local regulations. All spills or leakage 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 would be required through the duration of the construction of the project.
102
Although the Phase II ESA did not identify any hazardous materials on-site, in the event that removal and handling of hazardous materials would occur, it would be done 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), BAAQMD’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 ensure that risks associated with the transport, storage, use, and disposal of such materials would be reduced to the maximum extent practical.

The demolition of the existing building could expose construction workers or the public to ACMs, LBPs, or PCBs. Removal of these types of hazardous materials would be conducted by contractors licensed to

102 Santa Clara County Ordinance Code, Division B11, Chapter XIII (Hazardous Materials Storage Ordinance), Chapter XIV (Toxic Gas Ordinance).
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remove and handle these materials and in accordance with existing federal, State, and local regulations, including United States Environmental Protection Agency’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, and would ensure that risks associated with demolition and the transport, storage, use, and disposal of such materials would be reduced to the maximum extent practical.

The General Plan EIR found that for any sites with known contamination or potential residual con
tamination, implementation of Mitigation HAZ-4a would reduce impacts to a less-than-significant level. Whi
le the soil testing conducted for the Phase II investigation found no contaminants that exceeded the regulatory screening levels, the Phase II recommended that a routine health and safety plan be implemented to protect construction workers and the public during the construction phase. Therefore, the implementation of Mitigation Measure HAZ-1, which is required pursuant to General Plan EIR Mitigation Measure HAZ-4a, would be required for the project to reduce impacts to a less-than-significant level.

Impact HAZ-1: Demolition and construction activities could expose construction workers and the public to hazardous materials during the construction phase.

Mitigation Measure HAZ-1: The project applicant shall prepare an Environmental Site Management Plan (ESMP) in consultation with applicable agencies (e.g., the Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC), Santa Clara County Department of Environmental Health (SCCDEH), or Santa Clara County Fire Department), if any, or in the alternative to the satisfaction of the City based on a third-party peer review, as appropriate. The purpose of the ESMP is to protect construction workers, the general public, the environment, and future site occupants from subsurface hazardous materials previously identified at the site and to address the possibility of encountering unknown contamination or hazards during demolition, grading, excavation, and construction activities. The ESMP shall summarize soil and groundwater analytical data collected on the project site during past investigations; identify management options for grading, if contaminated media are encountered during grading; and identify monitoring, irrigation, or other wells requiring proper abandonment in compliance with local, State, and federal laws, policies, and regulations.

The ESMP shall include measures for identifying, testing, and managing soil and groundwater suspected of or known to contain hazardous materials. The ESMP shall: 1) provide procedures for evaluating, handling, storing, testing, and disposing of soil and groundwater during project grading; 2) describe required worker health and safety provisions for all workers potentially exposed to hazardous materials in accordance with State and federal worker safety regulations; and 3) designate personnel responsible for implementation of the ESMP .

Operational Impacts
The proposed residential 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 201
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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. 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, as necessary, 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. c) Would the project emit hazardous emissions or handle hazardous materials, substances or waste within 0.25 miles of an existing or proposed school?
There are no schools within 0.25 miles of the project site, but as described in the existing conditions the Sunny View Bay Area Retirement Community is approximately 0.2 miles to the north, and Cupertino Healthcare and Wellness nursing home is approximately 0.3 miles to the south. 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. Therefore, no impact would occur . 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.
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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 Santa Clara County Fire Department (SCCFD). The Cupertino Emergency Operations Plan (EOP)
103 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.

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 both South Foothill Boulevard and Camino Vista Drive, via left or right turn lanes, as shown in Figures 3-4 and 3-5.

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?
As described in the existing conditions, above, the project site is in an LRA and a non-very high fire hazard severity zone. The project site is located 0.2 miles to the east of the wildland-urban interface. 104 The
proposed project would construct additional single-family homes in an urbanized residential area with adequate emergency access, and would not expose people or structures to a significant risk of loss, injury, or death involving wildfires and impacts would be less than significant.

103 City of Cupertino, Office of Emergency Services. Emergency Operations Plan. September 2005. 104 CAL FIRE. 2018. Wildland-Urban Interface Fire Threat. http://www.arcgis.com/home/item.html?id=d45bf08448354073a26675776f2d09cb, accessed June 18, 2020. 203
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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?
   
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 on -
or 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 19 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,105 approximately 0.4 miles west of Stevens Creek, and approximately 1.7 miles 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

105 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. 204
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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.

As described in the 2018 Storm Drain Master Plan, the project site is in an area where the storm drains are deficient in conveying water from a 10-year storm. The storm drains beneath Stevens Creek Boulevard and South Foothill Boulevard adjacent to the project site are currently under capacity and are designated as high priority for replacement.
106 The proposed storm drain improvements identified in the 2018 Storm Drain Master Plan to reduce flooding impacts along Foothill Boulevard are to increase the pipe size beneath Stevens Creek Boulevard east of South Foothill Boulevard from 36 inches to 60 inches and to increase the pipe size beneath South Foothill Boulevard next to the project site from 30 inches to 48 inches.
107
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 .
108 Three borings advanced to 40 feet below ground surface (bgs) at the site during a Phase II site investigation did not encounter groundwater .109 However, previous investigations indicated a depth of groundwater from about 21.6 to 29 feet bgs.110 Based on the proposed excavation and type of construction for this project,111 construction dewatering would 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.

106 Schaaf & Wheeler Consulting Civil Engineers. 2018. Cupertino Storm Drain Master Plan. 107 Schaaf & Wheeler Consulting Civil Engineers. 2018. Cupertino Storm Drain Master Plan. 108 Santa Clara Valley Water District, 2017. Annual Groundwater Report for Calendar Year 2017, page ES-1. 109 Achievement Engineering, 2019. Phase II Environmental Site Assessment Report. Dated October 17, 2019. 110 Achievement Engineering, 2019. Phase I Environmental Site Assessment, 22690 Stevens Creek Boulevard, Cupertino, California, page 19, July 29.
111 Achievement Engineering, 2020. Geotechnical Report for the New Development at 22690 Stevens Creek, Cupertino, CA 95014. Dated March 3, 2020.
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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 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.
112

The project site is not located in a FEMA-designated 100-year floodplain or Special Flood Hazard Area. The project site is not within the dam inundation zone of Stevens Creek Reservoir or any other dams. 113 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. 114 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?
The proposed project would create and/or replace 10,000 square feet 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. The low impact development (LID) requirements include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows, such as bioretention areas, and agreements to ensure that the stormwater treatment and flow control facilities are maintained in perpetuity. The proposed project would include 9,454 square feet of pervious surfaces in the form of landscaping and one on-site bioretention area that would hold and treat stormwater before it is released into the City’s off-site storm drain infrastructure. The bioretention area is designed to detain stormwater runoff, filter runoff through biotreatment soil media, remove pollutants such as suspended solids, metals, and nutrients and eventually discharge the runoff to the City’s storm drain system. Implementation of

112 Santa Clara Valley Water District, 2016. Santa Clara Valley Water District, 2016. 2016 Groundwater Management Plan. 113 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. 114 Association of Bay Area Governments, 2019. Interactive Tsunami Inundation Map. http://gis.abag.ca.gov/website/Hazards/?hlyr=tsunami , accessed September 26, 2019. 206
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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 comply with CMC Chapter 9.18, Storm Water Pollution Prevention and Watershed Protection, described above in Section 3.1.4.2, Zoning, 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 per 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.

The project site is not covered under the SWRCB’s General Construction Permit, since it is less than one acre in size, and preparation of a Stormwater Pollution Prevention Plan (SWPPP) is not required. However, the project would be required to adhere to the City’s Construction Best Management Practices (BMPs), 115
and grading activities are typically limited to the dry season (April 15 to October 15). In addition, an interim erosion and sediment control plan, either integrated with the site map/grading plan or submitted separately, must be prepared that shows the location of all erosion control measures that will be implemented and a schedule for their maintenance and upkeep.

Adherence to applicable water quality regulations, implementation of best management practices during construction, preparation of an erosion and sediment control plan, 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

115 City of Cupertino, 2020. Construction Best Management Practices, accessed at https://www.cupertino.org/home/showdocument?id=12309 on January 10, 2021. 207
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MRP and the City of Cupertino’s stormwater requirements, and preparation of a SMP that describes the installation and operation and maintenance requirements for the bioretention area 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).
116 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 in the water shortage contingency plan in its UWMP that would ensure water demand is met through 2040. 117
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 further detail in Section XVII, Utilities and Service Systems.

Groundwater beneath the site is greater than 20 feet bgs. Therefore, no construction dewatering would be required. As a result, 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 has about 2,757 square feet of existing impervious surfaces. The proposed project would increase the amount of impervious surfaces by 15,295 square feet. The proposed project would provide 9,454 square feet of pervious surfaces in the form of landscaping and one on-site bioretention area that would contribute to groundwater recharge. The use of site design features required by provision C.3 of the Municipal Regional Permit (MRP) and compliance with the City of Cupertino General Plan policies would reduce the impact of an increase in impervious surfaces on groundwater recharge. Therefore, the proposed 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;

116 San José Water, For Your Information, Education and Safety, Water Supply, https://www.sjwater.com/for_your_information/education_safety/water_supply, accessed on June 19, 2020. 117 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 June 19, 2020. 208
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substantially increase the rate or amount of surface runoff in a manner which would result in flooding 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 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.

During construction, the project applicant would be subject to the City of Cupertino’s construction BMPs and would be required to implement the erosion and sediment control measures specified in the Interim Erosion and Sediment Control Plan. 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 water treatment measures, such as the proposed bioretention area, to contain site runoff, using specific numeric sizing criteria based on volume and flow rate. The bioretention area 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, the proposed project would not result in significant increases in erosion and sedimentation and these impacts would be less than significant.

As described in the 2018 Storm Drain Master Plan, the project site is in an area where the storm drains are deficient in conveying water from a 10-year storm. The storm drains beneath Stevens Creek Boulevard and South Foothill Boulevard adjacent to the project site are currently under capacity and are designated as high priority for replacement.
118 The proposed project would minimize the amount of stormwater runoff from the site with the installation of one bioretention area to temporarily detain peak stormwater flow rates. The bioretention area would collect runoff from roof areas, parking lots, and sidewalks for treatment and flow control prior to discharge into the on-site storm drain system, which connects to the City’s storm drain system at the southwest corner of the intersection of South Foothill Boulevard and Stevens Creek Boulevard. The on-site stormwater treatment system would exceed the C.3 requirements of the MRP.

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 area to detain peak stormwater flows, reduce the amount of runoff from the site, and improve water quality. Additionally, the trash capture devices

118 Schaaf & Wheeler Consulting Civil Engineers. 2018. Cupertino Storm Drain Master Plan. 209
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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.
119 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.120 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.121 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 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 NPDES construction permit requirements 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 City’s storm drain system. The proposed treatment measures would include the use of one bioretention area to treat and detain runoff prior to discharge to the City’s storm drain system.

119 Association of Bay Area Governments, 2019. Interactive Tsunami Inundation Map. http://gis.abag.ca.gov/website/Hazards/?hlyr=tsunami accessed on June 19, 2020. 120 Santa Clara County Fire Department. 2012. Joint Stevens Creek Dam Failure Plan. https://www.cupertino.org/home/showdocument?id=7424 accessed on June 19, 2020. 121 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 June 19, 2020. 210
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The project site is within the Santa Clara Valley Groundwater Basin, which is covered under the 2016 Groundwater Management Plan.122 The Department of Water Resources characterizes this basin as a medium priority subbasin and therefore is 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 (19 new units as compared to project’s 9 new units plus one accessory unit); therefore, water and groundwater supply impacts were adequately addressed in the General Plan EIR.

As discussed in criterion (b), the project would be connected to municipal water supplies and does not propose any groundwater wells on the property. The depth of groundwater is estimated to be greater than 20 feet below ground surface and the proposed project would not disturb groundwater during construction.

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 or 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?
   

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 19 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.

122 Santa Clara Valley Water District, 2016 Groundwater Management Plan, Santa Clara and Llagas Subbasins. 211
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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 (P(CG)) Zoning District to General Commercial with Residential (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 13.2 units per acres and with a building height of 29 feet and 10.5 inches at the highest point) is within the development parameters evaluated in the General Plan EIR (15 dwelling units per acre and a maximum building height of 30 feet tall) and the General Plan EIR found land use impacts associated with only residential use of the site to be less than significant. The proposed residential development would be consistent with the types of development allowed in the Commercial/Residential land use designations. Accordingly, the proposed project would also result in less-than-significant impacts with regard to conflicts with land use plans.
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FINAL DRAFT
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 19 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-than- significant 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, and construction noise modeling can be found in Appendix F, Noise Data, of this Initial Study.

Residences are located directly south, adjacent to the project site, across Stevens Creek Boulevard to the north, across South Foothill Boulevard to the east, and across Camino Vista Drive to the west. The nearest sensitive receptors to the project site are the adjacent single-family residences to the south. The principal 213
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noise source in the project area is roadway traffic on Stevens Creek Boulevard and South Foothill Boulevard.

The nearest public airports are San José International Airport, approximately 8 miles to the northeast, and Palo Alto Airport, approximately 9.5 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 the boundaries of any airport land use plan.

The noise environment in the project area is approximately 60 to 70+ dBA 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 Creek Boulevard and South Foothill Boulevard. 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) 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 used as the threshold for a substantial increase.
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4-64 OCTOBER 2021

FINAL DRAFT
Project-Related Construction Noise
In terms of the proposed construction activities, the demolition, site preparation, grading, and 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, excavators, dozers, tractors, loaders, backhoes, cranes, forklifts, pavers, and rollers. 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 (L
max) 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 is completed.

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 contributions from each piece of equipment used at a given time, while accounting for the on-going time-variations of noise 215
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emissions (commonly referred to as the usage factor) to determine the L10 and Leq noise levels.123 Heavy equipment, such as a bulldozer, can have 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 or phase) 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 construction-related noise levels from multiple pieces of equipment at the various sensitive receptors.

The expected construction equipment mix was estimated and categorized by construction activity and the three loudest equipment per activity phase using the Federal Highway Administration Roadway Construction Noise Model (RCNM). The associated, aggregate noise levels, grouped by construction activity, are summarized in Tables 4-6 and 4-7.

TABLE 4-6 PROJECT-RELATED CONSTRUCTION NOISE, L10 NOISE LEVELS, DBA Construction
Activity Phase
Noise Level at the Nearest Receptors
Residences (south) a Residences (north) b Residences (southeast) c Residences (west) d Demolition 85.4 79.7 76.9 74.3
Site Preparation 85.1 79.4 76.6 74.0
Grading 84.7 79.0 76.2 73.6
Building Construction 82.6 76.9 74.1 71.5
Paving 87.8 78.3 76.9 74.2
Notes:
a. Approximately 70 feet from the center of construction for demolition, site preparation, grading, and building construction; and approximately 50 feet from the center of paving activities.
b. Approximately 135 feet from the center of construction for demolition, site preparation, grading, and building construction; and approximately 150 feet from the center of paving activities.
c. Approximately 185 feet from the center of construction for demolition, site preparation, grading, and building construction; and approximately 175 feet from the center of paving activities.
d. Approximately 250 feet from the center of construction for demolition, site preparation, grading, and building construction; approximately 240 feet from the center of paving activities.

Source: PlaceWorks, 2020.

123 The Leq is the energy average noise levels and the L10 is the noise level exceeded 10 percent of the time. The CMC defines “sound level” as the “maximum continuous or repeated peak value,” which is interpreted to be the L10 for the purposes of this analysis. Leq noise levels are provided for informational purposes. 216
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FINAL DRAFT

TABLE 4-7 PROJECT-RELATED CONSTRUCTION NOISE, ENERGY-AVERAGE (LEQ) NOISE LEVELS, DBA Construction
Activity Phase
Noise Level at Nearest Receptors
Residences (south) a Residences (north) b Residences (southeast) c Residences (west) d Demolition 82.4 76.7 73.9 71.3
Site Preparation 82.1 76.4 73.6 71.0
Grading 81.7 76.0 73.2 70.6
Building Construction 79.6 73.9 71.1 68.5
Paving 84.8 75.3 73.9 71.2
Notes:
a. Approximately 70 feet from the center of construction for demolition, site preparation, grading, and building construction; and approximately 50 feet from the center of paving activities.
b. Approximately 135 feet from the center of construction for demolition, site preparation, grading, and building construction; and approximately 150 feet from the center of paving activities.
c. Approximately 185 feet from the center of construction for demolition, site preparation, grading, and building construction; and approximately 175 feet from the center of paving activities.
d. Approximately 250 feet from the center of construction for demolition, site preparation, grading, and building construction; and approximately 240 feet from the center of paving activities.

Source: PlaceWorks, 2020.

As shown in Tables 4-6 and 4-7, construction activities would increase noise levels at and near the proposed project. Construction-related noise levels would range from approximately 82.6 to 87.8 dBA L10 and 79.6 to 84.8 dBA Leq at the nearest residences to the south during construction, which would be greater than the 80 dBA limit in CMC Section 10.48.053. Construction noise levels at receptors further away are estimated to be less than 80 dBA. Construction noise levels would create a substantial temporary increase in ambient noise levels in the vicinity of the project in excess of the allowable noise limit. This would be considered a potentially significant impact. With implementation of Mitigation Measure NOISE-1, which is not required in the General Plan EIR, project-related construction noise impacts to the nearby residences would be less than significant.

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 south, 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. 217
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 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, he/she 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.  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 law.  Prior to start of construction, erect a temporary noise barrier/curtain between the construction zone and adjacent residences along the boundary (see Figure 4-1, Temporary Noise Barrier Locations, of the Initial Study). The temporary sound barrier shall have a minimum height of 12 feet and be free of gaps and holes. The barrier can be (a) a ¾-inch- thick plywood wall OR (b) a hanging blanket/curtain with a surface density or at least 2 pounds per square foot.
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22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
03-06-2020
NORTH
JOB NO.

DATE
A1.03

ILLUSTRATED SITE PLAN
STEVENS CREEK BLVD.

CAMINO VISTA DR.

S FOOTHILL BLVD.
1 1
2 3
4 5
6 7
8 9
1 1
1 1
1 2
2 3

BUILDING
TYPE 1

BUILDING
TYPE 1

BUILDING
TYPE 2

BUILDING
/UNIT 3
COMMON

OPEN SPACE
10'-1"
5'-0"
20'-0"
5'-0"
4'-0"
20'-0"
5'-2 1/2"
9'-0"
18'-0"
7'-0"
5'-0"
3'-6"
3'-6"
10'-0"
13'-1"
10'-5"
43'-8"
51'-8 1/2"
42'-5 1/2"
8'-0"
83'-3"
83'-3"
10'-0"
14'-0"
45'-2"
4'-0"
62'-2"
4'-0"
32'-10"
44'-7"
1 1

LOT NUMBER

UNIT TYPE
1 PARKING SPACE
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
02-21-2020
DATE
NORTH

SITE PLAN
0 80
40 20
1 2 3
4 5
6 7
8 22690 STEVENS CREEK BLVD. ALAN ENTERPRISE, LLC
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
1562.001
03-06-2020
NORTH
JOB NO.

DATE
A1.03

ILLUSTRATED SITE PLAN
STEVENS CREEK BLVD.

CAMINO VISTA DR.

S FOOTHILL BLVD.
1 1
2 3
4 5
6 7
8 9
1 1
1 1
1 2
2 3

BUILDING
TYPE 1

BUILDING
TYPE 1

BUILDING
TYPE 2

BUILDING
/UNIT 3
COMMON

OPEN SPACE
10'-1"
5'-0"
20'-0"
5'-0"
4'-0"
20'-0"
5'-2 1/2"
9'-0"
18'-0"
7'-0"
5'-0"
3'-6"
3'-6"
10'-0"
13'-1"
10'-5"
43'-8"
51'-8 1/2"
42'-5 1/2"
8'-0"
83'-3"
83'-3"
10'-0"
14'-0"
45'-2"
4'-0"
62'-2"
4'-0"
32'-10"
44'-7"
1 1

LOT NUMBER

UNIT TYPE
1 PARKING SPACE
5865 Owens Drive
Pleasanton, CA 94588
925-251-7200
22690 STEVENS CREEK BLVD.

ALAN ENTERPRISE, LLC
JOB NO.
1562-001
02-21-2020
DATE
NORTH

SITE PLAN
0 80
40 20
1 2 3
4 5
6 7
8 Source: Dahlin, 2020.

Temporary Nose Barrier Figure 4-1
Temporary Noise Barrier Location
0 Scale (Feet)
40 ENVIRONMENTAL ANALYSIS

PLACEWORKS
2 2 6 9 0 S TE V E NS C RE E K B O UL E V ARD PR O JE CT I NI TI AL STUD Y C ITY

O F CUPE RTI NO
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FINAL DRAFT
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 and surrounding uses. Noise 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 1,475 square foot common space area is approximately 20 feet, as measured from the center, from the adjacent single-family homes to the south. A typical conversation between two people 3 feet apart is 60 dBA.
124 At a distance of 20 feet, noise levels would attenuate to approximately 44 dBA. Noise from typical use of the open space area would result in noise levels less than the CMC, Section 10.48.040 50 dBA limit. Therefore, impacts from the proposed common outdoor use area would be less than significant.

The nine single-family attached residential units are anticipated to have mechanical HVAC equipment on the ground next to units and a common open space area on the south portion of the project site. The exterior mechanical and HVAC equipment associated with the proposed use are expected to be similar to the existing commercial uses or quieter . 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 L eq at a
distance of 3 feet and that they could be located within approximately 30 feet from the nearest residential property lines to the south. At this distance, the sound pressure level associated with a common HVAC unit would be approximately 55 dBA. Therefore, the noise level associated with HVAC in the backyards of the future residential units could exceed the CMC Section 10.48.040 standards, which limit nighttime noise to 50 dBA at nearby residential uses. Therefore, this impact would be potentially significant. With implementation of Mitigation Measure NOISE-2, 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 could be in excess of standards established in the City of Cupertino Municipal Code.

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

124 Engineering ToolBox, 2005. Voice Level at Distance. Accessed June 19, 2020. https://www.engineeringtoolbox.com/voice-level-d_938.html

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FINAL DRAFT
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.

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 1,829 gross daily trips. The proposed project is estimated to result in 85 gross daily trips, which is a net decrease of 1,744 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 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 4-8 lists reference vibration levels for different types of commonly used construction equipment.

TABLE 4-8 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. 221
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PLACEWORKS 4-71

FINAL DRAFT
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 4-8 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). 125 Proposed driveways
would be paved within 25 feet of nearby residential structures to the south and, therefore, could exceed the 0.2 in/sec PPV threshold if vibratory rollers are used. 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 Measure NOISE-3, project-related construction vibration impacts to the adjacent residences to the south 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 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.

125 Federal Transit Administration (FTA), Transit Noise and Vibration Impact Assessment, 2018. 222
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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? As discussed above, 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 19 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.

As discussed in the General Plan EIR, the General Plan would introduce approximately 12,998 new residents126 and 16,855 new jobs127 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.128 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.

126 Population is calculated by 4,421 units times 2.94 persons per household, which is the ABAG 2040 estimated generation rate.
127 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. 128 City of Cupertino, 2015. Cupertino General Plan Community Vision 2015-2040, Housing Element, Table HE-2. 223
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EXISTING CONDITIONS
The site is currently developed with a commercial use serving as a convenience store. Applying a generation rate of 1 job to 450 square feet for commercial land uses to the existing 2,400 square feet of commercial building, the existing business is capable of generating approximately 6 jobs.129

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 nine single-family residential units, and one accessory dwelling unit, which would not result in any additional new population growth or employment growth beyond what was accounted for in the General Plan EIR. Table 4-11 in Section XIX, Mandatory Findings of Significance, shows the relationship to the proposed project to the other reasonably foreseeable projects in Cupertino and illustrates 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.

The future homeowner’s association, required by the City, could employ landscape and maintenance personnel for the common areas of the development, which would likely come from Cupertino and surrounding Bay Area communities. As described above, the existing commercial building is capable of supporting approximately 6 employees. Construction of the proposed project would result in a decrease of 6 permanent employees on the project site.

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 for single-family units and 1.5 persons for accessory dwelling units,
130,131 it is assumed the proposed project would introduce 28 new residents132 to the project site, which would increase the number of residents on the site from zero residents to approximately 28 residents at project buildout in 2022.

The 28 residents in combination with other future projects would not increase the overall City buildout beyond the year 2040 projections (see Table 4-11, 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

129 2,400 square feet divided by 450 square feet equals 5.3 employees. 130 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. 131 Based on a study completed by the Center for Community Innovation at University of California Berkeley in five Bay Area communities, accessory dwelling units have an average household size of 1.5 persons per unit. 132 (9 new units multiplied by 2.87 persons per unit equals 25.83 new residents) plus (1 ADU multiplied by 1.5 equals 1.5 new residents) equals 27.33 new residents.
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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?
The project site is currently used for commercial uses and does not include any existing housing on site.

The project proposes the construction of nine single-family 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.

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 19 dwelling units and a 30-foot height maximum at a 225
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program level. The General Plan EIR estimated that and 56 new residents133 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 of Cupertino contracts with the Santa Clara County Fire District (SCCFD) for fire protection, emergency, medical, and hazardous material services.  The City of Cupertino 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). The project site is in attendance area of the Monta Vista High School, which is located approximately 1 mile to the southeast of the project site.134
 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 attendance area of the Stevens Creek Elementary School, located approximately 1 mile to the northeast of the project site, and John F. Kennedy Middle School, located approximately 1 mile to the southeast of the project site.135  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

133 19 units times 2.94 persons per household for Cupertino in 2040 equals 55.86 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. 134 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 June 18, 2020. 135 Cupertino Union School District, https://www.cusdk8.org/domain/96, accessed June 18, 2020. 226
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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 nine single-family dwelling units and approximately 28 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. 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 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.

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 19 dwelling units and 56 new residents136 on the site at a program level. Impacts were determined to be less than significant, and no mitigation measures were required.

EXISTING CONDITIONS

136 19 units times 2.94 persons per household for Cupertino in 2040 equals 55.86 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. 227
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The City of Cupertino Recreation and Community Services and the Public Works Department Grounds Division is 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.137 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 per 1,000 residents.138 The parks nearest to the project site are Monta Vista Park, located approximately 0.2 miles to the south, Varian Park, located approximately 0.5 miles to the northeast; McClellan Ranch Preserve approximately

0.5 miles to the southeast, and Linda Vista Park approximately 1.7 miles to the southeast.

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.

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 project includes usable common open space available to residents. The proposed project includes 1,475 square feet of common open space located at the southeast corner of the site (0.04 acres).

As discussed in Section XIII, Population and Housing, above, the proposed project would result in nine new residential units, and one accessory dwelling unit, and 28 new residents at the project site, which is similar to, though less than what was considered in the General Plan EIR. The City’s parkland-to-resident ratio is three acres of parkland for every 1,000 residents 139Although the proposed project is not required
to provide on-site 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 Fee, 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 1,475 square feet (0.04 acres) of residential common open space, in conjunction with the collection of

137 City of Cupertino Parks and Recreation System Master Plan, October 2019 (adopted by the City Council on February 18, 2020), page 4.
138 City of Cupertino Parks and Recreation System Master Plan, October 2019 (adopted by the City Council on February 18, 2020), page 51.
139 Cupertino General Plan Community Vision 2015 to 2040, Chapter 9: Recreation, Parks and Community Services Element, “Park Standards.”
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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 2019-20, 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 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 less- than-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.
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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?    

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 19 dwelling units and a 30-foot height maximum at a program level. The General Plan EIR estimated that and 56 new residents140 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 the transportation memo dated January 10, 2020, prepared for the proposed project by Hexagon Transportation Consultants, Inc, a transportation consulting firm, and reviewed and approved by the City of Cupertino Transportation Division. The study is included in Appendix G, 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.

140 19 units times 2.94 persons per household for Cupertino in 2040 equals 55.86 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. 230
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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.

The project site does not have adequate pedestrian access, because sidewalks are not present along Stevens Creek Boulevard, South Foothill Boulevard, or Camino Vista Drive within the project vicinity. 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 does not include specific pedestrian improvements in the project area.

Bicycle Facilities
Bicycle facilities near the project site include Class II bike lanes, which are lanes on roadways designated for use by bicycles through striping, pavement legends, and signs. The Class II bike lanes are provided along both sides of South Foothill Boulevard and on the north side of Stevens Creek Boulevard along the length of the project site. There is not adequate signage for the bicyclists to maneuver without confusion along the length of the project site fronting Stevens Creek Boulevard. Overall, existing bicycle facilities provide adequate connectivity between the proposed project site and the adjacent residential neighborhoods.

In 2016, the City of Cupertino adopted the Bicycle Transportation Plan (Bike Plan), which is a citywide plan to encourage bicycling as a safe, practical, and healthy alternative to the use of the family car . The Bike Plan illustrates Cupertino’s current bicycle network, identifies gaps in the network, and proposes improvement projects to address the identified gaps.
141 The Bike Plan includes standards for engineering,
encouragement, education, and enforcement intended to improve the bicycle infrastructure in the city to enable people to bike to work and school, to utilize a bicycle to run errands, and to enjoy the health and environmental benefits that bicycling provides cyclists of every age. The Bike Plan recommends that the existing Class II Bike Lane on Stevens Creek Boulevard through the project area be improved to a Class IV Separated Bikeway and the existing Class II Bike Lane on South Foothill Boulevard through the project area be improved to a Class II Buffered Bike Lane.