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Completed projects include programs to restore stream habitats, conduct environmental education seminars, development of trails and open space, and the Berryessa Creek Flood Protection Project. In progress are the Permanente Creek, San Francisquito Creek, and Upper Llagas Creek flood protection projects.

In addition, Valley Water has developed a Water Supply Master Plan, which is updated approximately every five years. This long-range plan assesses future countywide water demands and evaluates and recommends water supply and infrastructure projects to meet those demands. The most recent plan, 5 Valley Water, 2024. Safe, Clean Water and Natural Flood Protection Program. https://www.valleywater.org/safe-cleanwater-and-natural-flood-protection-program, accessed January 11, 2024. 750
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Water Supply Master Plan 2040, was adopted in 2019 and addresses water demands and supply through the year 2040.6
Groundwater in the Santa Clara and Llagas Subbasin is also managed by Valley Water as per SGMA requirements. Valley Water is the designated Groundwater Sustainability Agency (GSA) for these groundwater subbasins and has a Department of Water Resources (DWR) approved Alternative to a Groundwater Sustainability Plan (GSP).
7 Valley Water also prepares Urban Water Management Plans (UWMPs) every five years that provides information on water supply sources, historical water usage, water conservation programs, demand projections, water shortage contingencies, and water quality. The latest Valley Water UWMP is dated 2020.8
Valley Water also reviews plans for development projects near streams to ensure that the proposed storm drain systems and wastewater disposal systems will not adversely impact water quality in the streams. In addition, Valley Water reviews projects for conformance to flood control design criteria, stream maintenance and protection plans, and groundwater protection programs.

Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) is an association of 13 cities and towns in the Santa Clara Valley, together with the County of Santa Clara and Valley Water. The RWQCB has conveyed responsibility for implementation of storm water regulations to the member agencies of SCVURPPP. The SCVURPPP incorporates regulatory, monitoring, and outreach measures aimed at improving the water quality of South San Francisco Bay and the streams of the Santa Clara Valley to reduce pollution in urban runoff to the “maximum extent practicable.” The SCVURPPP maintains compliance with the MS4 Permit and promotes storm water pollution prevention within that context.

Participating agencies (including the City of Cupertino) must meet the provisions of the Santa Clara County permit by ensuring that new development and redevelopment mitigate water quality impacts to storm water runoff both during the construction and operation of projects.9 The SCVURPPP has also developed the Santa Clara Basin Stormwater Resource Plan that describes a comprehensive plan to identify and prioritize potential stormwater and dry weather runoff capture projects in the Santa Clara Basin. It also provides information for the development and implementation of Green Stormwater Infrastructure (GFI) plans that municipalities within Santa Clara County are required to implement with the help of State grant funding.10
In addition, the SCVURPPP has developed the C.3 Stormwater Handbook that provides guidance to developers, builders, and project applicants to ensure compliance with the requirements of the MS4 6 Valley Water, 2019. Water Supply Master Plan. 7 Valley Water, 2021. 2020 Urban Water Management Plan. 8 Valley Water, 2021. 2020 Urban Water Management Plan
9 Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), 2024. About SCVURPPP. https://scvurppp.org/about-scvurppp/ accessed on January 13, 2024. 10 EOA, Paradigm, and Lotus Water, 2019. Santa Clara Basin Stormwater Resource Plan. 751
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permit and implement appropriate post-construction stormwater control measures for new development and redevelopment projects. The document describes the applicable site design measures, source control measures, and stormwater treatment measures that are required to be implemented for all regulated projects that create and/or replace 5,000 square feet or more of impervious surfaces. In addition, projects that create and/or replace one acre or more of impervious surfaces are required to also implement hydromodification measures.11 The City’s Public Works Department reviews SWMPs to ensure compliance with the C.3. provisions of the MS4 permit.

Santa Clara Basin Watershed Management Initiative
The Watershed Management Initiative (WMI) was initiated in 1996 by the EPA, the SWRCB, and the San Francisco Bay RWQCB to address all sources of pollution that threaten the Bay and to protect water quality throughout Santa Clara Basin watersheds. In the past, specific issues affecting watersheds had been addressed by separate regulatory actions, resulting in a "patchwork" approach. A major aim of the WMI is to coordinate existing regulatory activities on a basin-wide scale, ensuring that problems are addressed efficiently and cost-effectively.

The Santa Clara Basin WMI consists of collaborative groups from regional and local public agencies; civic, environmental, resource conservation and agricultural groups; professional and trade organizations; business and industrial sectors; and the general public. The purpose of the WMI is “to develop and implement a comprehensive watershed management program – one that recognizes that healthy watersheds mean addressing water quality problems and quality of life issues for the people, animals, and plants that live in the watershed.” The WMI has continued to develop its foundation by producing a watershed characteristics report (2003), a watershed assessment report (2003), a watershed action plan (2003), a zero litter initiative (2021), plastics pollution prevention summit (2011), impacts of homelessness on creeks (2011), and educational materials to reduce water usage by the general public.12 Santa Clara County General Plan
The Santa Clara County General Plan contains the goals, strategies, policies, and implementing actions that guide in the overall land use development of the county. Unincorporated lands within Santa Clara County that are within Cupertino’s Sphere of Influence (SOI) are subject to land use jurisdiction and regulatory authority by the County. In addition, the Santa Clara Valley Water District and the Santa Clara Basin Watershed Management Initiative have jurisdiction for streams and watersheds within the city limits and the SOI. Therefore, the Santa Clara County General Plan goals and policies relevant to hydrology and water quality are listed in Table 4.9-1.
11 SCVURPPP, 2016. C.3 Stormwater Handbook. Guidance for Implementing Stormwater Requirements for New Development and Redevelopment Projects. Dated June 2016. 12 Santa Clara Basin Watershed Management Initiative (WMI), 2024. http://www.scbwmi.org/index.htm accessed January 13, 2024.
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TABLE 4.9-1 SANTA CLARA COUNTY GENERAL PLAN POLICIES RELEVANT TO HYDROLOGY AND WATER QUALITY Number Policies and Strategies
Strategy #1 Reduce non-point source pollution.

Policy C-RC 22
Countywide, compliance should be achieved with the requirements of the National Pollution Discharge Elimination System (NPDES) permit for discharges into S.F. Bay, and to that end, the Countywide Nonpoint Source Pollution Control Program should receive the full support and participation of each member jurisdiction.

Policy C-RC 23 The Countywide Storm Water Management Plan should be routinely reviewed and updated as additional information is collected on the effectiveness of prescribed control measures.

Policy C-RC 24 Efforts to increase public awareness and education concerning nonpoint source pollution control should be encouraged.

Strategy #2 Restore wetlands, riparian areas, and other habitats which improve Bay water quality.

Policy C-RC 25
Wetlands restoration for the purpose of enhancing municipal wastewater treatment processes, improving habitat and passive recreational opportunities should be encouraged and developed where cost-effective and practical.

Strategy #3 Prepare and implement comprehensive watershed management plan.

Policy C-RC 26
Comprehensive watershed management plans should be developed and implemented through intergovernmental coordination. Water supply watersheds should receive special consideration and additional protection.

Source: Santa Clara County General Plan, 1994, https://plandev.sccgov.org/ordinances-codes/general-plan accessed on January 13, 2024.

Santa Clara County Multi-Jurisdictional Local Hazard Mitigation Plan Santa Clara County, the Santa Clara County Fire Department, and all incorporated cities in Santa Clara County collaborated to prepare a multi-jurisdictional hazard mitigation plan. The Hazard Mitigation Plan focuses on protecting communities and residents in Santa Clara County from risks associated with hazards such as earthquakes, flood, fires, drought, dam failure and other hazards.13 The City of Cupertino has prepared an annex to the Hazard Mitigation Plan that describes the natural hazard events that have occurred in the past within the City and what actions the City is taking to minimize potential impacts from natural disasters. Flooding is considered a medium risk, and the City is developing a GIS map that shows localized flooding “hot spots” throughout the City.

Local Regulations
General Plan 2040
The Environmental Resources and Sustainability (ES), Health and Safety (HS), and Infrastructure Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to hydrology and water quality. Applicable policies and strategies that would minimize potential adverse impacts to hydrology and water quality are identified in Section 4.9.3, Impact Discussion.
13 Office of Emergency Services, County of Santa Clara & Santa Clara County Fire. 2017. Santa Clara County Operational Area Hazard Mitigation Plan.
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Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse impacts to hydrology and water quality and soils in Cupertino. The CMC is organized by title, chapter, and section.

Most provisions related to hydrology and water quality are included in Title 3, Revenue and Finance, Title 9, Health and Sanitation, Title 14, Streets, Sidewalks and Landscaping, and Title 16, Building and Construction, as follows:
 Chapter 3.36, Storm Drainage Service Charge, outlines the requirements for the payment of fees to conserve and protect the City’s storm drainage system from the burden placed on it by the increasing flow of nonpoint source runoff and to otherwise meet the requirements developed by the Santa Clara Valley Non-Point Source Control and Storm Water Management Program established to comply with the CWA, California Environmental Protection Agency (CalEPA) regulations and the City’s NPDES permits. The specific purpose of the storm drainage service charges established pursuant to this chapter is to derive revenue which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes and for any other purpose set forth in Section 3.36.160.

However, said revenue shall not be used for the acquisition or construction of new local street storm sewers or storm laterals as distinguished from main trunk, interceptor, and outfall storm sewers.  Chapter 9.18, Storm Water Pollution Prevention and Watershed Protection, provides regulations and gives legal effect to the MRP issued to the City of Cupertino and ensures ongoing compliance with the most recent version of the City of Cupertino's NPDES permit 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 lying within the city. The code contains permit requirements for construction projects and new development or redevelopment projects to minimize the discharge of storm water runoff.  Chapter 9.19, Water Resources Protection, requires property owners to obtain permits for any modifications to properties adjacent to a stream except when: 1) less than 3 cubic yards of earthwork is planned provided it does not damage, weaken, erode or reduce the effectiveness of the stream to withhold storm and flood waters; 2) a fence 6 feet or less in height; 3) an accessory structure 120 square feet or less in size; 4) interior or exterior modification within the existing footprint; or 5) landscaping on existing single-family lots.
 Chapter 14.15, Landscape Ordinance, implements the California Water Conservation in Landscaping Act of 2006 by establishing new water-efficient landscaping and irrigation requirements. In general, any building or landscape projects that involve more than 2,500 square feet of landscape area are required to submit a Landscape Project Submittal to the Director of Community Development for approval. Existing and established landscapes over 1 acre, including cemeteries, are required to submit water budget calculations and audits of established landscapes.  Chapter 16.18, Interim Erosion and Sediment Control Plan, requires preparation of an Interim Erosion and Sediment Control Plan. Specifically, Section 16.18.110 states that the Plan shall be either integrated with the site map/grading plan or submitted separately, to the Director of Public Works that calculates the maximum runoff from the site for the 10-year storm event and describes measures 754
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to be undertaken to retain sediment on the site, a brief description of the surface runoff and erosion control measures to be implemented, and vegetative measures to be undertaken.  Chapter 16.52, Prevention of Flood Damage, applies to all areas of special flood hazard (i.e. 100-year floodplain) within the City. A development permit must be obtained and reviewed by the Director of Public Works before new construction, substantial improvements or development (including the placement of prefabricated buildings and manufactured homes) begins within any area of special flood hazard. The chapter also contains construction standards that must be implemented within the 100-year floodplain to protect buildings and improvements from flood damage.

Storm Drain Master Plan
The capacity of the storm drain facilities within the City of Cupertino was evaluated and documented in the 2018 Storm Drain Master Plan.14 While most areas within the City provide adequate stormwater conveyance for the 10-year rainfall event, there are areas that would benefit from improvements to the stormwater conveyance capacity. There are also regions within the City that lack a formal drainage system and would require improvements.

The City collects Storm Drain Fees for new construction projects to fund improvements to the storm drain system. The next storm drain improvements that are scheduled to be implemented, as described in the Capital Improvement Program (2021-2022), include storm drain improvements at Pumpkin Drive, Fiesta Lane, September Drive, and Festival Drive (scheduled to begin in fiscal year 2021-2022).15 These areas were listed as high priority for improvement in the Storm Drain Master Plan.

Joint Stevens Creek Dam Failure Plan
The Joint Stevens Creek Dam Failure Plan was prepared by the Santa Clara County Fire Department for the City of Cupertino and passed and adopted by the City of Cupertino under Resolution Number 12-124 on October 16, 2012.16 The Joint Stevens Creek Dam Failure Plan was created pursuant to the Emergency Services Act. In accordance with the intent of the Emergency Services Act, future reviews and/or updates of this plan are to be undertaken every two years or as needed. The Santa Clara County Sheriff's Office, Santa Clara County Fire Department, as well as the Cupertino Disaster Council, will provide reviews and updates to the Joint Stevens Creek Dam Failure Plan.

The Stevens Creek Dam and Reservoir is owned by Valley Water, which is regulated by DWR Division of Safety of Dams (DSOD). Valley Water is required by the Emergency Services Act, Section 8589.5(b) and California Water Code, Division 3, Part 1, Chapter 2, Section 6002 to take all necessary actions to protect life and property in inundation areas and to provide inundation maps to DWR. 14 City of Cupertino, 2018. City of Cupertino Storm Drain Master Plan. Prepared by Schaaf & Wheeler. Dated September 2018.
15 City of Cupertino, 2021. Capital Improvement Program, FY 2021-2022. 16 Santa Clara Fire Department, 2012. Joint Stevens Creek Dam Failure Plan. Adopted by City of Cupertino Resolution No. 12-124.
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The Joint Stevens Creek Dam Failure Plan addresses the potential failures (full or partial) of the Stevens Creek Dam and Reservoir that could impact the cities of Cupertino, Sunnyvale, Mountain View and Los Altos. The plan is designed to:
 Provide guidelines to the cities of Cupertino, Sunnyvale, Los Altos and Mountain View, affected public and private agencies, special districts, non-governmental organizations, and mutual aid emergency organizations in the event of a potential or imminent/actual failure of the dam.  Assign planning and functional responsibilities.
 Outline public notification and information strategies.  Identify resources to ensure a swift, coordinated response.  Outline recovery strategies for psychological and physical health effects, repairing infrastructure, debris removal, and rebuilding.

EXISTING CONDITIONS
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 2040 at a program level. Impacts were found to be less than significant, and no mitigation measures were required. The setting for hydrology and water quality is described in detail in General Plan EIR Section 4.8.1.2, Existing Conditions.

Since the certification of the General Plan EIR, the City has codified regulations equivalent to the General Plan mitigation measures to reduce impacts in the Cupertino Municipal Code (CMC) Chapter 17.04, Standard Environmental Protection Requirements. Although no mitigation measures were included in the Hydrology and Water Quality section of the General Plan EIR, the City has the following requirement in Chapter 17.04.050, Standard Environmental Protection Permit Submittal Requirements:
 Control Stormwater Runoff Contamination. The project applicant shall demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City of Cupertino. All identified stormwater runoff control measures shall be included in the applicable construction documents.

Additional CMC code requirements that pertain to hydrology and water quality are provided in the Municipal Code section provided above.

4.9.2 Standards of Significance
Implementation of the proposed Modified Project would result in significant hydrology and water quality impact if it would:

Impact of the
Approved
Project
(General Plan
2040 EIR)
Impact of
the
Proposed
Modified
Project
HYD-1. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? LTS LTS 756
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Implementation of the proposed Modified Project would result in significant hydrology and water quality impact if it would:

Impact of the
Approved
Project
(General Plan
2040 EIR)
Impact of
the
Proposed
Modified
Project
HYD-2. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?

LTS LTS
HYD-3. 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

LTS LTS
HYD-4. In a flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? LTS LTS
HYD-5. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? LTS LTS
HYD-6. Result in a cumulatively considerable impact with respect to hydrology and water quality? LTS LTS
Notes: In December 2018, amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines after the certification of the General Plan EIR in 2015. Some of the questions have been added, modified, or removed, while others have been relocated to different chapters of this EA. Revisions were made to each of the questions, and as such this EA only analyzes the current questions HYD-1through HYD-5 shown here.

Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

4.9.3 Impact Discussion
HYD-1 Implementation of the proposed Modified Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.

The General Plan 2040 EIR found that future proposed development would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Water quality in stormwater runoff is regulated locally by the SCVURPPP and the City of Cupertino in compliance with the C.3 provisions of the MS4 permit adopted by the San Francisco Bay RWQCB. The proposed Modified Project would also be required to comply with these regulatory provisions.

Adherence to these permit conditions requires all future potential development or redevelopment projects under the General Plan 2040 and the proposed Modified Project to incorporate stormwater treatment measures, provide ongoing operation and maintenance for perpetuity, and implement other appropriate source control and site design features that reduce pollutants in runoff. Low impact development (LID) practices such as the use of onsite infiltration that reduce pollutant loading.

Incorporation of these measures can even improve stormwater quality as compared to existing conditions. 757
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In addition, future potential development under the proposed Modified Project would be required to comply with the City’s Municipal Code, Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, and implement a construction SWPPP that require the incorporation of BMPs to control sedimentation, erosion, and hazardous materials contamination of runoff during construction.

The General Plan EIR also found that the Environmental Resources and Sustainability (ES) Element contains policies and strategies that require local planning and development decisions to consider impacts that development could have on water quality. Like the Approved Project, the following existing General Plan 2040 includes policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also protect water quality and reduce potential impacts to water quality.  Policy ES-5.1: Urban Ecosystem. Manage the public and private development to ensure the protection and enhancement of its urban ecosystem.
 Strategy ES-5.1.1: Landscaping. Ensure that the City’s tree planting landscaping and open space policies enhance the urban ecosystem by encouraging medians, pedestrian crossing curb extensions planting that is native, drought tolerant, treats stormwater and enhances urban plant aquatic and animal resources in both private and public development.  Strategy ES-5.1.2: Built Environment. Ensure that sustainable landscaping design is incorporated in the development of City facilities, parks, and private projects with the inclusion of measures such as tree protection, stormwater treatment and planting of native, drought tolerant landscaping that is beneficial to the environment.
 Policy ES-5.2: Development near Sensitive Areas. Encourage the clustering of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines. New developments in these areas must have a harmonious landscaping plan approved prior to development.
 Strategy ES-5.2.1: Riparian Corridor Protection. Require the protection of riparian corridors through the development approval process.
 Policy ES-5.3: Landscaping in and Near Natural Vegetation. Preserve and enhance existing natural vegetation, landscape features and open space when new development is proposed within existing natural areas. When development is proposed near natural vegetation, encourage the landscaping to be consistent with the palate of vegetation found in the natural vegetation.  Strategy ES-5.3.1: Native Plants. Continue to emphasize the planting of native, drought tolerant, pest resistant, non-invasive, climate appropriate plants and ground covers, particularly for erosion control and to prevent disturbance of the natural terrain. (General Plan EIR Policy 5-10)  Strategy ES-5.3.2: Hillsides. Minimize lawn area in the hillsides.  Strategy ES-5.6.1: Creek and Water Course Identification. Require identification of creeks, water courses and riparian areas on site plans and require that they be protected from adjacent development.
 Policy ES-7.1: Natural Water Bodies and Drainage Systems. In public and private development, use Low Impact Development (LID) principles to manage stormwater by mimicking natural hydrology, minimizing grading, and protecting or restoring natural drainage systems. (General Plan EIR Policy 5- 18)
 Strategy ES-7.1.1: Development Plans. Continue to require topographical information, identification of creeks, streams, and drainage area; and grading plans for both public and private development proposals to ensure protection and efficient use of water resources. 758
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 Policy ES-7.2: Reduction of Impervious Surfaces. Minimize stormwater runoff and erosion impacts resulting from development and use low impact development (LID) designs to treat stormwater or recharge groundwater. (General Plan EIR Policy 5-19)
 Strategy ES-7.2.1: Lot Coverage. Consider updating lot coverage requirements to include paved surfaces such as driveways and on-grade impervious patios to incentivize the construction of pervious surfaces.
 Strategy ES-7.2.2: Pervious Walkways and Driveways. Encourage the use of pervious materials for walkways and driveways. If used on public or quasi-public property, mobility and access for the disabled should take preference. (General Plan EIR Policy 5-19)  Strategy ES-7.2.3: Maximize Infiltration. Minimize impervious surface areas and maximize on-site filtration and the use of on-site retention facilities.  Policy ES-7.3: Pollution and Flow Impacts. Ensure that surface and groundwater quality impacts are reduced through development review and voluntary efforts. (General Plan EIR Policy 5-20)  Strategy ES-7.3.1: Development Review. Require LID designs such as vegetated stormwater treatment systems and green infrastructure to mitigate pollutant loads and flows.  Strategy ES-7.3.2: Creek Clean Up. Encourage volunteer organizations to help clean creek beds to reduce pollution and help return waterways to their natural state. (General Plan EIR Policy 5-18)  Policy ES-7.4: Watershed Based Planning. Review long-term plans and development projects to ensure good stewardship of watersheds.
 Strategy ES-7.4.1: Storm Drainage Master Plan. Develop and maintain a Storm Drainage Master Plan which identifies facilities needs to previous “10-year” event street flooding and “100-year” event structure flooding and integrate green infrastructure to meet water quality protection needs in a cost effective manner. (General Plan EIR Policy 5-22)
 Strategy ES-7.4.2: Watershed Management Plans. Work with other agencies to develop broader Watershed Management Plans to model and control the City’s hydrology.  Strategy ES-7.4.3: Development. Review development plans to ensure that projects are examined in the context of impacts on the entire watershed, in order to comply with the City’s non-point source Municipal Regional Permit.
 Policy ES-7.5: Groundwater Recharge Sites. Support the Santa Clara Valley Water District efforts to find and develop groundwater recharge sites within Cupertino and provide public recreation where possible. (General Plan EIR Policy 5-32)
 Policy ES-7.6: Other Water Sources. Encourage the research of other water sources, including water reclamation.
 Policy ES-7.8: Natural Water Courses. Retain and restore creek beds, riparian corridors, watercourses and associated vegetation in their natural state to protect wildlife habitat and recreation potential and assist in groundwater percolation. Encourage land acquisition or dedication of such areas.  Strategy ES-7.8.1: Inter-Agency Coordination. Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures, such as hydromodification controls as established by the Municipal Regional Permit.

With implementation of these General Plan policies and strategies, in conjunction with the SCVURPPP and MS4 permit requirements, potential future development pursuant to the proposed Modified Project would not violate any water quality standard or waste discharge requirements for both construction and 759
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operational phases. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts regarding violating water quality standards or waste discharge requirements beyond what was evaluated in the General Plan EIR.

The impact would be less than significant.

Significance without Mitigation: Less than significant.

HYD-2 Implementation of the proposed Modified Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.

The General Plan 2040 EIR found that future potential development would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge. Similarly, the proposed Modified Project, which would only add 3,312 new dwelling units, would not impact groundwater supplies or recharge, as discussed below.

Groundwater Recharge
Most of the potential future development under the proposed Modified Project would occur on infill sites, most of which have already been developed and have a high percentage of impervious surfaces. New projects would be required to implement LID measures, including on-site infiltration, where feasible, which would increase the potential for groundwater recharge. The SCVURPPP guidance document and the MS4 permit require site design measures, source control measures, LID standards, and hydromodification measures to be included in potential future development projects and a SWMP must be submitted to and approved by the City prior to construction. These measures would contribute to groundwater recharge and minimize stormwater runoff by including pervious pavements, drainage to landscaped areas and bioretention areas, and the collection of rooftop runoff in rain barrels or cisterns. Also, compliance with the General Plan policies listed in Impact Discussion HYD-1 and herein would facilitate groundwater recharge efforts:
 Strategy ES-7.2.3: Maximize Infiltration. Minimize impervious surface areas and maximize on-site filtration and the use of on-site retention facilities.  Policy ES-7.5: Groundwater Recharge Sites. Support the Santa Clara Valley Water District efforts to find and develop groundwater recharge sites within Cupertino and provide public recreation where possible.
 Policy ES-7.8: Natural Water Courses. Retain and restore creek beds, riparian corridors, watercourses and associated vegetation in their natural state to protect wildlife habitat and recreation potential and assist in groundwater percolation. Encourage land acquisition or dedication of such areas. 760
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Almost all of Cupertino is within the Santa Clara Subbasin recharge area. The McClellan Ponds recharge facility is in Cupertino, and the creeks that flow through the city provide seepage and natural groundwater recharge. The proposed Modified Project would not place potential new development in close proximity to the McClellan Ponds recharge facility or the creeks and streams that run through the city, as per Chapter 9.19 of the CMC and the General Plan policies.

Groundwater Supply
San Jose Water Company and California Water Service Company are the water purveyors for the City of Cupertino. They obtain their water supplies from groundwater wells and purchases from Valley Water, which is the wholesale water provider and groundwater management agency for Santa Clara County. A detailed discussion of water supply impacts is provided in Chapter 4.15, Utilities and Service Systems, of this SEIR.

Valley Water’s 2020 Urban Water Management Plan indicates that there is a sufficient supply of water through 2045 during normal years, single-dry years, and multiple-dry years.17 Groundwater conditions in the Santa Clara Subbasin are sustainable with managed and in-lieu recharge programs maintaining adequate storage to meet annual water supply needs and provide a buffer against drought conditions.

Valley Water operates and maintains an active groundwater recharge program with 18 major recharge systems, over 70 off-stream ponds with a combined surface area of more than 320 acres, and over 30 local creeks. Runoff is captured in Valley Water’s reservoirs and released into both in-stream and offstream recharge ponds for percolation into the groundwater basin. In addition, imported water is delivered by the raw water conveyance system to streams and ponds. Because Valley Water has a surplus water supply, even during drought conditions, the proposed Modified Project, which would add only 3,312 new dwelling units, would not substantially interfere with groundwater supplies.

Compliance with the MS4 requirements for new construction and water efficient landscaping, as well as implementation of the General Plan 2040 goals, policies, and strategies, would further protect groundwater resources. Therefore, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts to groundwater recharge beyond what was evaluated in the General Plan EIR, and impacts would be less than significant.

Significance without Mitigation: Less than significant. 17 Valley Water, 2021. 2020 Urban Water Management Plan. 761
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HYD-3 Implementation of the proposed Modified Project would not 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.

Erosion and Siltation
Potential future development and changes in land use pursuant to the Modified Project could result in an increase in impervious surfaces. This, in turn, could result in an increase in stormwater runoff, higher peak discharges to storm drains, and the potential to cause erosion or siltation in streams. Increases in tributary flows can exacerbate creek bank erosion or cause destabilizing channel incision.

All future potential development pursuant to the Modified Project would be required to implement construction-phase BMPs as well as post-construction site design, source control measures, and treatment controls in accordance with the requirements of the CGP, the CMC, the MS4 Permit, and the City’s Construction Best Management Practices. Typical construction BMPs include silt fences, fiber rolls, catch basin inlet protection, water trucks, street sweeping, and stabilization of truck entrance/exits. Each new potential development or redevelopment project that disturbs one or more acre of land would be required to prepare and submit a SWPPP to the SWRCB that describes the measures to control erosion and sedimentation due to construction activities.

Once future potential development projects have been constructed, the MS4 permit requirements for new development or redevelopment projects must be implemented and include site design measures, source control measures, LID, and treatment measures that address stormwater runoff and would reduce the potential for erosion and siltation. Site design measures include limits on clearing, grading, and soil compaction; minimizing impervious surfaces; conserving the natural areas of the site as much as possible; complying with stream setback ordinances; and protecting slopes and channels from erosion. LID measures include the use of permeable pavements, directing runoff to pervious areas, and the construction of bioretention areas. The SWMP submitted to the City must also include operation and maintenance procedures and an agreement to maintain any stormwater treatment and control facilities for perpetuity. Adherence to the streambed alteration agreement process under Sections 1601 to 1606 of the California Fish and Game Code would further reduce erosion and siltation impacts that may occur due to streambed alterations. Projects subject to hydromodification must also maintain the pre-project creek erosion potential by implementing various control measures. Compliance with these regional and local regulatory requirements would ensure that erosion and siltation impacts from future potential development and redevelopment projects would be less than significant. 762
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Flooding On- and Off-Site
Future potential development and changes in land uses pursuant to the proposed Modified Project could result in an increase in impervious surfaces, which in turn could result in an increase in stormwater runoff, higher peak discharges to drainage channels, and the potential to cause nuisance flooding in areas without adequate drainage facilities. However, all future potential development must comply with the requirements of the MS4 Permit and the SCVURPPP and City’s stormwater requirements for construction and operation. Regulated projects must implement BMPs, including LID measures and site design BMPs, which effectively minimize imperviousness, retain or detain stormwater on-site, decrease surface water flows, and slow runoff rates. Projects that create and/or replace one acre of impervious surface must also adhere to the hydromodification requirements of the MS4 permit and the to ensure that the post-project runoff does not exceed the pre-project runoff by more than 10 percent. In general, new housing units under the proposed Modified Project would replace existing land uses, and compliance with these requirements should result in lower stormwater runoff rates compared to existing conditions. Therefore, future projects under the proposed Modified Project would not result in flooding on- or off-site, and impacts would be less than significant.

Storm Drain System Capacity
As stated in the impact discussions above, an increase in impervious surfaces with future potential development pursuant to the proposed Modified Project could result in increases in stormwater runoff, which in turn could exceed the capacity of existing or planned stormwater drainage systems.

Projects that involve the creation and/or replacement of 5,000 square feet or more of impervious surfaces and single-family homes that create and/or replace 10,000 square feet or more of impervious surfaces would trigger the implementation of stormwater treatment measures to reduce stormwater runoff, as per the MS4 Permit and the SCVURPPP requirements. Prior to the issuance of grading permits, the City would require completion and submittal of a SWMP and Provision C.3 Data Form for review and approval to ensure that these requirements are met. Stormwater treatment measures are required to temporarily detain site runoff, using specific numeric sizing criteria based on volume and flow rate. Implementation of these stormwater measures would reduce the amount of stormwater runoff that is ultimately discharged to the City’s storm drain system and the creeks that run through Cupertino. Projects that create and/or replace one acre or more of impervious surfaces must also adhere to the hydromodification requirements of the MS4 permit to ensure that post-project runoff does not exceed pre-project runoff by more than 10 percent. Most of the new housing units under the proposed Modified Project would be replacing existing land uses that are already connected to the City’s storm drain system. Implementation of these MS4 and County and City stormwater requirements would typically result in less stormwater runoff as compared to existing conditions.

Also, as part of the permitting process, future potential development projects would be required to pay a storm water assessment, as per CMC Chapter 3.36, Storm Drainage Service Charge, which is designed to mitigate the impacts of stormwater that is discharged into the creeks and waterways in Cupertino. The assessments are used to evaluate and maintain the storm drain system, implement flood control improvements, respond to flooding issues, and restore creeks and habitat. 763
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The proposed Modified Project would not create substantial additional sources of polluted runoff. During the construction phase, projects would be required to prepare SWPPPs, thus limiting the discharge of pollutants from the site. During operation, projects must implement BMPs and LID measures that minimize the amount of stormwater runoff and associated pollutants.

With implementation of these provisions for future potential development and redevelopment projects and the construction of regional detention basins, the proposed Modified Project would not result in significant increases in runoff that would exceed the capacity of existing or planned storm drain facilities, and the impact is less than significant.

Redirecting Flood Flows
The discussion above regarding on- and off-site flooding is also applicable to the analysis of impeding or redirecting flood flows. Since new development projects are required to comply the MS4 Permit and retain stormwater on-site via the use of bioretention facilities or other stormwater treatment measures, any flood flows would also be retained for a period of time on-site, which would minimize the potential for flooding impacts. Impact Discussion HYD-4 describes the potential for impeding or redirecting flood flows with development in areas within the 100-year floodplain. Based on these discussions, impacts related to impeding or redirecting flood flows would be less than significant In addition to the General Plan 2040 Elements listed in Impact Discussion HYD-1, the General Plan EIR also found that the Infrastructure (INF) Element contains policies and strategies that require local planning and development decisions to consider impacts that development could have on flood flows and storm drain capacities. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse impacts to flood flows and storm drain capacity:
 Policy INF-1.1: Infrastructure Planning. Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and requirements for development.  Strategy INF-1.1.1: Capital Improvement Program. Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040.
 Strategy INF-1.1.2: Design Capacity. Ensure that the public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over-sizing of infrastructure to avoid fiscal impacts or impacts to other goals.  Strategy INF-1.1.3: Coordination. Require coordination of construction activity between various providers, particularly in City facilities and rights-of-way, to ensure that the community is not unnecessarily inconvenienced. Require that providers maintain adequate space for all utilities when planning and constructing their infrastructure. (General Plan EIR Policy 5-34)  Policy INF-1.2: Maintenance. Ensure that existing facilities are maintained to meet the community’s needs. (General Plan EIR Policy 5-49)
 Policy INF-1.3: Coordination. Coordinate with utility and service providers to ensure that their planning and operations meet the City’s service standards and future growth.  Policy INF-1.4: Funding. Explore various strategies and opportunities to fund existing and future infrastructure needs.
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 Strategy INF-1.4.1: Existing Infrastructure. Require developers to expand or update existing infrastructure to increase capacity, or pay their fair share, as appropriate.  Strategy INF-1.4.2: Future Infrastructure Needs. For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels.
 Strategy INF-1.4.3: Economic Development. Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase opportunities for municipal revenue.  Policy INF4.1: Planning and Management. Create plans and operational policies to develop and maintain an effective and efficient stormwater system. (General Plan EIR Policy 5-49)  Strategy INF-4.1.1: Management. Reduce the demand on storm drain capacity through implementation of programs that meet and even exceed on-site drainage requirements.  Strategy INF-4.1.2: Infrastructure. Develop a Capital Improvement Program (CIP) for the City’s storm drain infrastructure that meets the current and future needs of the community.  Strategy INF-4.1.3: Maintenance. Ensure that the City’s storm drain infrastructure is appropriately maintained to reduce flood hazards through implementation of best practices.  Policy INF-4.2: Funding. Develop permanent sources of funding storm water infrastructure construction and maintenance.
 Strategy INF-4.2.1: Ongoing Operations. Review other funding strategies to pay for the ongoing operations and maintenance of the storm drain system per State and regional requirements.

After compliance with the MS4 permit; the City’s stormwater requirements; and General Plan 2040 goals, policies, and strategies, future development under the proposed Modified Project would not result in substantial erosion or siltation and would not substantially increase the rate of surface runoff that would result in flooding, impede or redirect flood flows, or exceed the capacity of the drainage system. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts to flooding and stormwater flow beyond what was evaluated in the General Plan EIR. Impacts would be less than significant.

Significance without Mitigation: Less than significant.

HYD-4 Implementation of the proposed Modified Project would not result in a flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation.

Pollutant Release in Flood Hazard Zones
None of the proposed housing sites pursuant to the proposed Modified Project would place residential structures in existing FEMA-designated 100-year floodplains or Special Flood Hazard Areas (SFHAs).

Therefore, there would not be the potential for the release of pollutants due to the placement of structures in flood hazard zones.

However, in the unlikely event that new housing units are placed in a SFHA or 100-year floodplain, the construction would be governed by CMC, Chapter 16.52, Prevention of Flood Damage. This chapter sets forth construction standards that would minimize flood hazard risks, including anchoring and flood765 CC 05-14-2024
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proofing, and the placement of fill to elevate structures above the 100-year floodplain elevation. The creeks that flow through the city pose little risk of flooding as the result of efforts by the City and Valley Water to modify, restore, and improve the flow channels and implement erosion control measures to reduce impacts from flooding. In addition, the General Plan 2040 Strategy HS-7.4.1, Dwellings in Flood Plains, listed below, discourages new residential development in floodplains.

Because the proposed Modified Project would not include the placement of housing in the 100-year floodplain and new construction would require compliance with General Plan policies, the CMC, and Santa Clara County water course protection requirements, which limit construction in close proximity to a stream, the potential for flood hazards would be less than significant.

Pollutant Release in Dam Inundation Zones
The northern portion of Cupertino above Interstate 280 and areas along Stevens Creek are within the dam inundation zone of Stevens Creek Dam. However, the probability of dam failure is low, and the City and Santa Clara County have never been impacted by a major dam failure. In addition, dam owners are required to maintain emergency action plans (EAPs) that include procedures for damage assessment and emergency warnings. An EAP identifies potential emergency conditions at a dam and specifies preplanned actions to help minimize property damage and loss of life should those conditions occur. EAPs contain procedures and information that instruct dam owners to issue early warning and notification messages to downstream emergency management authorities. Santa Clara County in collaboration with the City and others have developed the Stevens Creek Dam Failure Plan, which identifies how the cities in Santa Clara County, public and private agencies, special districts, non-governmental organizations, and mutual aid organizations would prepare, respond, recover, and mitigate a failure of the Stevens Creek Dam. The General Plan 2040 policies HS-7-1 and HS 7-2, listed below, specifically address this possibility. Because the likelihood of catastrophic dam failure is very low, impacts related to the release of pollutants due to dam inundation are not considered to be significant.

Pollutant Releases from Tsunamis and Seiches
Cupertino is more than eight miles south of San Francisco Bay and more than 100 feet above sea level and is not within any mapped tsunami inundation zone. Therefore, there is no potential for the release of pollutants due to a tsunami.

Although seiches could theoretically occur at Stevens Creek Reservoir, the wave heights are usually one foot or less and dams are typically designed with a freeboard height of at least three feet. Therefore, it is unlikely that a seiche would cause overtopping of the dam, resulting in downstream flooding or the release of pollutants. Aboveground water storage tanks in the city could experience a seiche associated with a large earthquake. However, the tanks are constructed to withstand seismic events and would not result in failure that would cause significant flooding or the release of pollutants.

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the proposed Modified Project, would also serve to minimize the potential for flooding and the release of pollutants:
 Policy HS-1.1: Regional Hazard Risk Reduction Planning. Coordinate with Santa Clara County and local agencies to implement the Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP) for Santa Clara County. (General Plan EIR Policy 5-32)
 Strategy HS-1.1.1: Monitoring and Budgeting. Monitor and evaluate the success of the LHMP, including local strategies provided in the Cupertino Annex (Section 11). Working with Santa Clara County, ensure that strategies are prioritized and implemented through the Capital Improvement Program and provide adequate budget for on-going programs and department operations.  Strategy HS-1.1.2: Mitigation Incorporation. Ensure that mitigation actions identified in the LHMP are being incorporated into upcoming City sponsored projects, where appropriate.  Strategy HS-1.1.3: Hazard Mitigation Plan Amendments and Updates. Support Santa Clara County in its role as the lead agency that prepares and updates the Local Hazard Mitigation Plan. (General Plan EIR Policy 6-1)
 Policy HS-1.2: Sea Level Rise Protection. Ensure all areas in Cupertino are adequately protected for the anticipated effects of sea level rise. (General Plan EIR Policy 6-35)  Strategy HS-1.2.1: Monitor Rising Sea Level. Regularly coordinate with regional, state and federal agencies on rising sea levels in the San Francisco Bay and major tributaries to determine if additional adaptation strategies should be implemented to address flooding hazards. This includes monitoring FEMA flood map updates to identify areas in the City susceptible to sea level rise, addressing changes to state and regional sea and bay level rise estimates, and coordinating with adjacent municipalities on flood control improvements, as appropriate. (General Plan EIR Policy 6-35)  Strategy HS-1.2.2: Flood Insurance Rate Maps. Provide to the public, as available, up-to-date Flood Insurance Rate Maps (FIRMs) that identify rising sea levels and changing flood conditions. (General Plan EIR Policy 6-35)
 Policy HS-7.1: Evacuation Map. Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the general public.
 Policy HS-7.2: Emergency Response to Dam Failure. Ensure that Cupertino is prepared to respond to a potential dam failure. (General Plan EIR Policy 6-43)
 Strategy HS-7.2.1: Emergency and Evacuation Plan. Maintain and update a Stevens Creek Dam Failure Plan, including alert warning and notification systems and appropriate signage. (General Plan EIR Policy 6-43)
 Strategy HS-7.2.2: Inter-Agency Cooperation. Continue to coordinate dam-related evacuation plans and alert/notification systems with the City of Sunnyvale, the Santa Clara Valley Water District and Santa Clara County to ensure that traffic management between the agencies facilitates life safety. Also work with other neighboring cities to enhance communication and coordination during a dam-related emergency. (General Plan EIR Policy 6-43)
 Policy HS-7.3: Existing Non-Residential Uses in the Flood Plain. Allow commercial and recreational uses that are now exclusively within the flood plain to remain in their present use or to be used for agriculture, provided it doesn’t conflict with Federal, State, and regional requirements.  Policy HS-7.4: Construction in Flood Plains. Continue to implement land use, zoning and building code regulations limiting new construction in the already urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator.
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 Strategy HS-7.4.1: Dwelling in Flood Plains. Discourage new residential development in regulated flood plains. Regulate all types of redevelopment in natural flood plains. This includes discouraging fill materials and obstructions that may increase flood potential or modify the natural riparian corridors.  Strategy HS-7.4.2: Description of Flood Zone Regulation. Continue to maintain and update a map of potential flood hazard areas and a description of flood zone regulations on the City’s website.  Strategy HS-7.4.3: National Flood Insurance Program Community Rating System. Continue to participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS).

The General Plan 2040 goals, policies, and strategies listed herein address the potential for flooding, dam inundation, and seiches. In conjunction with the implementation of the City’s floodplain management requirements and activation of the City’s emergency response system in the case of a dam failure, the potential for a release of pollutants from flooding, tsunamis, or seiches would be less than significant.

Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts from the potential for a release of pollutants from flooding, tsunamis, or seiches beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

HYD-5 Implementation of the proposed Modified Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

Adherence to the State CGP, the CMC, the MS4 Permit, and City’s stormwater and water course protection requirements would ensure that surface and groundwater quality are not adversely impacted during construction and operation of future potential development pursuant to the proposed Modified Project.

As a result, site development would not obstruct or conflict with the implementation of the San Francisco Bay RWQCB’s Basin Plan. Groundwater conditions in Santa Clara County have been sustainable for many decades due to Valley Water’s activities that protect and augment groundwater supplies. The Santa Clara Subbasin is not in critical overdraft and Valley Water uses local and imported surface water to replenish groundwater through recharge facilities, including ponds and creeks. Valley Water also implements an “inlieu” recharge program, including treated water deliveries, water conservation, and water recycling. These activities reduce demands on the groundwater subbasin. Valley Water has prepared an Alternative to a Groundwater Sustainability Plan, which has been approved by DWR under the SGMA regulations. And Valley Water’s 2020 UWMP states that there are sufficient water supplies to serve Santa Clara County during normal years, single-dry years, and multiple-dry years. With adherence to the General Plan goals, policies, and strategies listed in Impact Discussion HYD-2, and continued compliance with State, County, and City regulatory requirements, the proposed Modified Project would not obstruct or conflict with a water quality control plan or groundwater management plan and would not result in new or more severe impacts beyond what was evaluated in the General Plan EIR. Impacts would be less than significant.

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HYD-6 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to hydrology and water quality.

The geographic context used for the cumulative assessment to hydrology, drainage, flooding, and water quality is the watersheds that encompass Cupertino and the surrounding areas: Lower Peninsula Watershed and West Valley Watershed. Future potential development in these watersheds could increase impervious areas, thus increasing runoff and flows into the storm drainage systems. Potential future development would be required to comply with the MS4 Permit, implement BMPs that direct drainage to landscaped areas, and integrate bioretention facilities into the site design. Implementation of these BMPs on a regional basis would reduce cumulative impacts to hydrology and drainage to less than significant.

All projects would be required to comply with the CMC and various water quality regulations that control construction-related and operational discharge of pollutants into stormwater. The water quality regulations implemented by the San Francisco Bay RWQCB take a basinwide approach and consider water quality impairment in a regional context. For example, the MS4 Permit ties receiving water limitations and basin plan objectives to terms and conditions of the permit, and the MS4 Permit requires all of the municipalities and permittees to manage stormwater systems and be collectively protective of water quality. Projects in these watersheds would implement structural and nonstructural source-control BMPs that reduce the potential for pollutants to enter runoff, and treatment control BMPs that remove pollutants from stormwater. Therefore, cumulative water quality impacts would be less than significant after compliance with these permit requirements, and impacts would not be cumulatively considerable.

Projects in the watersheds may be constructed within 100-year flood zones or dam inundation zones.

Projects within the 100-year flood zone would be mandated to purchase flood insurance through the National Flood Insurance Program. In addition, Santa Clara County and other municipalities within these watersheds regulate development within flood zones in a similar manner as CMC Chapter 16.52, Prevention of Flood Damage, and in compliance with FEMA standards to limit cumulative flood hazard impacts.

There have been no dam failures in Cupertino or Santa Clara County, and the risk of a catastrophic dam failure causing flooding to downstream residents is low. In addition, in the case of an imminent dam failure of Stevens Creek Reservoir, Santa Clara County and Cupertino’s Office of Emergency Management would activate the provisions in the Stevens Creek Dam Failure Plan to ensure that residents and businesses are notified and, if necessary, evacuated in a timely manner. Therefore, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe cumulative impacts to hydrology, drainage, and flooding beyond what was evaluated in the General Plan EIR. Cumulative impacts to hydrology, drainage, and flooding would be less than significant, and impacts of the proposed Modified Project would not be cumulatively considerable.

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4.10 LAND USE AND PLANNING
This chapter describes the potential impacts related to land use and planning that are associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential impacts related to land use and planning, and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.

4.10.1 ENVIRONMENTAL SETTING

REGULATORY FRAMEWORK
State Regulations
California Government Code Sections 65580 to 65589.8 contain California Housing Element Law, including provisions related to the requirements for housing elements of local government general plans. Among these requirements, some of the necessary parts include an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Additionally, to ensure that counties and cities recognize their responsibilities for contributing to the attainment of the State housing goals, this section of the Government Code calls for local jurisdictions to plan for and allow the construction of a share of the region’s projected housing needs, known as the Regional Housing Needs Allocation. The City of Cupertino Housing Element was adopted in 2015 and integrated into General Plan 2040.

Regional Regulations
Plan Bay Area
Plan Bay Area is the Regional Transportation Plan/Sustainable Communities Strategy mandated by the Sustainable Communities and Climate Protection Act (Senate Bill 375). Plan Bay Area lays out a development scenario for the nine-county Bay Area region that works to align transportation and land use planning to reduce vehicle miles traveled through modified land use patterns. The current Plan Bay Area forecasts growth and development patterns through 2050 and was recently adopted in October 2021.1 Plan Bay Area is prepared and regularly updated by the Metropolitan Transportation Commission and Association of Bay Area Governments, in partnership with Bay Area Air Quality District and the Bay Conservation and Development Commission. Plan Bay Area designates Priority Development Areas (PDA) and Transit Priority Areas (TPA) throughout the region. PDAs are areas along transportation corridors that are served by public transit and allow opportunities for development of transit-oriented, infill development in communities that are expected to host most future development. TPAs are similar in that they are formed within one-half mile around an existing or planned major transit stop, designated in a 1 Association of Bay Area Governments and Metropolitan Transportation Commission, October 2021, Plan Bay Area 2050, accessed March 29, 2023, https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf. 770
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Regional Transportation Plan, such as a transit center or rail line. As shown on Figure 4-1, Priority Development Areas and Transit Priority Areas, of this Environmental Assessment (EA), the Study Area has one PDA—the Santa Clara Valley Transportation Authority City Cores Corridors & Station Areas, which overlays Stevens Creek Boulevard and North De Anza Boulevard. The TPAs in Cupertino are based upon two future transit investments included in Plan Bay Area 2050:
 Stops along a future VTA Light Rail route on Stevens Creek at Stelling, DeAnza, and Wolfe (RTP ID 21- T10-088, on page 10 of the Plan’s Project List)
 A future Regional Express bus route stop at Wolfe and 280 (RTP ID 21-T12-126, on p. 14 of the Plan Bay Area 2050 Project List).

Plan Bay Area distributes future growth across the San Francisco Bay Area region to meet its GHG emissions reduction, housing, and other performance targets, but it is not intended to override local land use control. In addition to funding transportation and planning projects in PDAs, Plan Bay Area sets the stage for cities and counties to increase the efficiency of the development process, if they choose, for projects consistent with Plan Bay Area and other state legislation.2 Local Regulations
General Plan 2040
Though the City has other local regulations that regulate land use and guide land use decisions, all specific plans, master plans, and zoning in the city must be consistent with the General Plan. The General Plan is the community’s overarching policy document that defines a vision for future change and sets the “ground rules” for locating and designing new projects that enhance the character of the community, expanding the local economy, conserving and preserving environmental resources, improving public services and safety, minimizing hazards, and fostering community health. The General Plan, which includes a vision, guiding principles, goals, policies, and strategies, functions as the City’s primary land use regulatory tool. It provides a basis for judging whether specific development proposals and public projects are in harmony with City goals. It is the constitution for future change in Cupertino. The General Plan must be used as the basis for all planning-related decisions made by City staff, the Planning Commission, and the City Council. Other decision-making bodies that rely on the General Plan to guide future decisions include the Arts and Culture Commission, Bicycle Pedestrian Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Public Safety Commission, Sustainability Commission, and Public Works Department.

The Land Use and Community Design (LU), Mobility (M), Environmental Resources and Sustainability (ES), Health and Safety (HS), and Recreation, Parks, and Community Services (RPC) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to land use and planning. Applicable policies and strategies that would minimize potential adverse impacts to land use and planning are identified in Section 4.10.3, Impact Discussion. 2 Association of Bay Area Governments and Metropolitan Transportation Commission, 2022, “Frequently Asked Questions:

Does Plan Bay Area Override Local Land Use Control?” accessed March 29, 2023, https://www.planbayarea.org/2040-plan/quick -facts/faq-page#n4851.
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Municipal Code
Besides the General Plan, the City of Cupertino Municipal Code (CMC) is the primary tool that regulates physical development in Cupertino. The CMC contains all ordinances for the city, and identifies land use categories, site development regulations, and other general provisions that ensure consistency between the General Plan and proposed development projects. The CMC contains all ordinances for the city and is organized by title, chapter, and section. Most provisions related to land use and planning are included in Title 19, Zoning.
 Title 19, Zoning. This section of the municipal code sets forth the City’s Zoning Ordinance, the primary purpose of which is “to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare.” The City of Cupertino Zoning Ordinance is the mechanism used to implement the land use goals, objectives, and policies of the General Plan and to regulate all land use within the City. The zoning ordinance describes zoning designations and contains development standards for the zoning designations.
 Section 19.168, Architectural and Site Review. This chapter provides an orderly process to review the architectural and site designs of buildings, structures, signs, lighting, and landscaping for prescribed types of land development within the city to promote the goals and objectives of the General Plan.

EXISTING CONDITIONS
Chapter 4.9, Land Use and Planning, of the General Plan EIR, addresses impacts to land use and planning associated with buildout of the General Plan 2040 at a program level. The setting for land use and planning is described in the General Plan EIR Section 4.9.1.2, Existing Conditions. Though the Land Use and Community Design Element has not been updated since the certification of the General Plan EIR, the South Vallco Connectivity Plan was finalized on December 11, 2014, and was not included in General Plan EIR Section 4.9.1.2, Existing Conditions. The South Vallco Connectivity Plan is an advisory document that identifies broad goals, objectives, concepts, and design guidelines for the South Vallco Area, Study Area 6 of the General Plan EIR. It includes plans for a bicycle and pedestrian trail in the area and changes in the connectivity of the mall.

4.10.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant land use impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
LU-1. Physically divide an established community? LTS LTS LU-2. 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?

LTS LTS
LU-3. Result in a cumulatively considerable impact with respect to land use and planning? LTS LTS
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Implementation of the proposed Modified Project would result in significant land use impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
Note: In December 2018, amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines after the certification of the General Plan EIR in 2015. Some of the questions have been added, modified, or removed, while others have been relocated to different chapters of this EA. The question regarding conflicting with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan is now only evaluated in BIO-6 in Chapter 4.3, Biological Resources, of this EA.

Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

4.10.3 IMPACT DISCUSSION
LU-1 Implementation of the proposed Modified Project would not physically divide an established community.

Any potential future development would result in a significant impact if it would lead to new development or physical features that would divide existing communities. The physical division of an established community typically refers to the construction of a physical feature (such as a wall, interstate highway, or railroad tracks) or the removal of a means of access (such as a local road or bridge) that would impair mobility within an existing community, or between a community and outlying areas.

The General Plan EIR concluded that since the development proposed under the Approved Project would be on sites already developed near residential development and would retain the existing roadway patterns, impacts would be less than significant. Additionally, future development would be required to be consistent with the General Plan 2040, including the provision of connections between properties on the same block (Strategy M-3.5.1), to promote cohesive and compatible neighborhoods and prevent new development from dividing existing uses where different land uses abut one another.

The proposed Modified Project would also include potential future development in already developed areas in the form of infill/intensification on sites either already developed and/or underutilized, and/or near existing residential and residential-serving development. Additionally, development under the proposed Modified Project would only include residential development, whereas future potential development under the Approved Project included residential, office, and commercial.

The General Plan EIR also found that the Land Use and Community Design (LU), Mobility (M), Health and Safety (HS), and Recreation, Parks, and Community Service (RPC) Elements contain goals, policies, and strategies that require local planning and development decisions to consider impacts that development could have on dividing the established community. Like the Approved Project, implementation of the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize potential adverse impacts on the established community:
 Strategy LU-1.3.2. Public and Quasi-Public Uses. Review the placement of public and quasi- public activities in limited areas in mixed-use commercial and office zones when the following criteria are met:
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1. The proposed use is generally in keeping with the goals for the Planning Area, has similar patterns of traffic, population or circulation of uses with the area and does not disrupt the operations of existing uses.

2. The building form is similar to buildings in the area (commercial or office forms). In commercial areas, the building should maintain a commercial interface by providing retail activity, storefront appearance or other design considerations in keeping with the goals of the Planning Area. (General Plan EIR Policy 2-63)
 Strategy LU-3.3.8. Drive-up Services. Allow drive-up service facilities only when adequate circulation, parking, noise control, architectural features and landscaping are compatible with the expectations of the Planning Area, and when residential areas are visually buffered. Prohibit drive- up services in areas where they would conflict with pedestrian oriented activity, such as Heart of the City, North De Anza Boulevard, Monta Vista Village and neighborhood center. (General Plan EIR Policy 2-35)  Policy LU-4.1. Street and Sidewalks. Ensure that the design of streets, sidewalks and pedestrian and bicycle amenities are consistent with the vision for each Planning Area and Complete Streets policies.  Strategy LU- 8.3.3. Infrastructure and Streetscape Improvements. Consider infrastructure and streetscape improvements in areas, such as the Crossroads or South Vallco area to encourage redevelopment as a pedestrian oriented area that meets community design goals. (General Plan EIR Policy 2-26 G)
 Policy LU-13.1. Heart of the City Specific Plan. The Heart of the City Specific Plan provides design standards and guidelines for this area, which promote a cohesive, landscaped boulevard that links its distinct sub-areas and is accessible to all modes of transportation.  Policy LU-23.1. Conceptual Plan. Create a conceptual plan for the Homestead Road Special Area with a cohesive set of land use and streetscape regulations and guidelines. (General Plan EIR Policy 2-24)  Policy LU- 25.1. Conceptual Plan. Continue to govern Monta Visita’s commercial area through the Monta Vista Design Guidelines. The guidelines provide direction for architecture, landscaping and public improvements. Create a Monta Vista Village Conceptual Plan to with a cohesive set of updated regulations and guidelines for this area. (General Plan EIR Policy 2-30)  Policy LU- 25.2. Land Use. Require the commercial district to serve as a neighborhood commercial center for Monta Vista Village and its adjoining neighborhoods. Mixed-use with residential is encouraged. The industrial area should be retained to provide small-scale light industrial and service industrial opportunities, while remaining compatible with the surrounding residential and commercial uses. See General Plan Figure LU- 2 for residential densities and criteria. (General Plan EIR Policy 2-30)  Policy LU- 27.1. Compatibility. Ensure that new development within and adjacent to residential neighborhoods is compatible with neighborhood character. (General Plan EIR Policy 2-18)  Strategy LU-27.1.1 Regulations. Maintain and update design regulations and guidelines for single family development that address neighborhood compatibility and visual and privacy impacts. (General Plan EIR Policy 2-8)
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 Strategy LU-27.1.3. Flexibility. When neighborhoods are in transition, add flexibility for requirements for new development that acknowledge the transition while continuing to respect the existing neighborhood. (General Plan EIR Policy 2-18)
 Policy LU- 27.7. Compatibility of Lots. Ensure that zoning, subdivision and lot-line adjustment requests related to lot size or lot design consider the need to preserve neighborhood lot patterns. (General Plan EIR Policy 2-19)
 Policy M-2.2. Adjacent Land Use. Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and sidewalks to complement adjacent land uses in keeping with the vision of the Planning Area. Strive to minimize adverse impacts and expand alternative transportation options for all Planning Areas (Special Areas and Neighborhoods). Improvement standards shall also consider the urban, suburban and rural environments found within the city. (General Plan EIR Policy 4- 10)
 Policy M-3.2. Development. Require new development and redevelopment to increase connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, shopping and employment destinations throughout the city. (General Plan EIR Policy 2-2)  Strategy M-3.5.1. Shared Driveway Access. Require property owners to use shared driveway access and interconnected roads within blocks, where feasible. Require driveway access closures, consolidations or both when a site is remodeled or redeveloped.  Strategy M-3.5.2. Direct Access from Secondary Streets. Require properties with frontages on major and secondary streets to provide direct pedestrian and vehicular access to driveways from the secondary street.
 Policy HS-8.5. Neighborhoods. Review residents’ need for convenience and safety and prioritize them over the convenient movement of commute or through traffic where practical. (General Plan EIR Policy 4-16)
 Policy RPC-2.4. Connectivity and Access. Ensure that each home is within a half-mile walk of a neighborhood park or community park with neighborhood facilities; ensure that walking and biking routes are reasonably free of physical barriers, including streets with heavy traffic; provide pedestrian links between parks, wherever possible; and provide adequate directional and site signage to identify public parks. (General Plan EIR Policy 2-84)
The proposed Modified Project builds upon the Approved Project, and there are no dividing physical features or removal of access included in the proposed Modified Project. As with the potential future development under the Approved Project, future potential development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards governing land use standards. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts that would physically divide an established community beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant. 775
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LU-2 Implementation of the proposed Modified Project would not 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.

As described in the General Plan EIR, the City of Cupertino General Plan 2040 is the primary planning document for Cupertino. Thus, the Approved Project is intended to ensure consistency between the general plan, housing element, zoning ordinance, and State law. Because the General Plan 2040 is the overriding planning document, and because the project involves amending the General Plan or zoning to increase consistency, the impact would be less than significant. Like the Approved Project, the proposed Modified Project would ensure consistency between the general plan, housing element, zoning ordinance, and State law.

The General Plan EIR also found that the Land Use and Community Design (LU), Environmental Resources and Sustainability (ES), and Health and Safety (HS) Elements contain policies that require local planning and development decisions to consider conflicts that development could have on land use planning, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Like the Approved Project, the following existing General Plan 2040 policies, and updated policies as part of the proposed Modified Project, would also serve to minimize potential conflicts with any land use plan, policy, or regulation.
 Policy LU-1.6. Jobs/Housing Balance. Strive for a more balanced ratio of jobs and housing units. (General Plan EIR Policy 2-22)
 Policy ES- 1.2. Regional Growth and Transportation Coordination. Coordinate with local and regional agencies to prepare updates to regional growth plans and strategies, including the Regional Housing Allocation Needs Allocation (RHNA) One Bay Area Plan, Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS). (General Plan EIR Policy 5-2) Like the Approved Project, the proposed Modified Project would ensure planning documents are consistent with each other and State law. Future potential development under the proposed Modified Project would be used to meet existing and projected future housing needs for all income levels in the city. For a description of the consistency with Plan Bay Area as it relates to greenhouse gas emissions, see Chapter 4.7, Greenhouse Gas Emissions, of this EA. For a description of the consistency with the 2018 Cupertino Pedestrian Transportation Plan, see Chapter 4.14, Transportation, of this EA.

As with the future potential development under the Approved Project assessed in the General Plan EIR, future potential development under the proposed Modified Project, would be required to comply with applicable laws, policies, and design standards governing land use standards. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more conflicts with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect beyond what was evaluated in the General Plan EIR.

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LU-3 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to land use and planning.

The General Plan EIR considers growth in Cupertino projected by the Approved Project in combination with impacts from projected growth in the rest of Santa Clara County and surrounding region, as forecast by the Association of Bay Area Governments. The General Plan EIR concluded that the project does not divide an established community or conflict with established plans, policies, and regulations in or outside the city. Development is likely to continue to occur in surrounding cities and in the Santa Clara region as well; however, such development is taking place in already urbanized areas as infill development and would not require significant land use changes that would create land use conflicts, nor would it divide communities.

The proposed Modified Project is consistent with the projected growth analyzed in Santa Clara County and does not divide an established community or conflict with established plans, policies, and regulations in or outside the city.

As with the Approved Project, future potential development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations, the proposed Modified Project would not result in a cumulatively considerable contribution impact related to land use beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant. 777
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4.11 NOISE
This chapter describes the potential noise impacts associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential noise, and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.

4.11.1 ENVIRONMENTAL SETTING

TERMINOLOGY
The following are definitions of terminology used in this section:
 Sound. A disturbance created by a vibrating object, which when transmitted by pressure waves through a medium such as air, is capable of being detected by the human ear or a microphone.  Noise. Sound that is loud, unpleasant, unexpected, or otherwise undesirable.  Decibel (dB). A measure of sound on a logarithmic scale.  A-Weighted Decibel (dBA). An overall frequency-weighted sound level in decibels that approximates the frequency response of the human ear.
 Equivalent Continuous Noise Level (Leq). The mean of the noise level, energy averaged over the measurement period.
 Lmax. The maximum root-mean-square noise level during a measurement period.  Lmin. The minimum, instantaneous noise level experienced during a given period of time.  Statistical Sound Level (Ln). The sound level that is exceeded “n” percent of time during a given sample period. For example, the L50 level is the statistical indicator of the time-varying noise signal that is exceeded 50 percent of the time (during each sampling period). This is also called the “median sound level.” The L10 level, likewise, is the value that is exceeded 10 percent of the time (i.e., near the maximum) and this is often known as the “intrusive sound level.” The L90 is the sound level exceeded 90 percent of the time and is often considered the “effective background level” or “residual noise level.”
 Day-Night Sound Level (Ldn or DNL). The energy-average of the A-weighted sound levels occurring during a 24-hour period, with 10 dBA added to the sound levels occurring during the period from 10:00 p.m. to 7:00 a.m.
 Community Noise Equivalent Level (CNEL). The energy-average of the A-weighted sound levels occurring during a 24-hour period, with 5 dBA added to the levels occurring during the period from 7:00 p.m. to 10:00 p.m. and 10 dBA added to the sound levels occurring during the period from 10:00 p.m. to 7:00 a.m. Note: For general community/environmental noise, CNEL and Ldn values rarely differ by more than 1 dBA. As a matter of practice, Ldn and CNEL values are considered to be equivalent/interchangeable.
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 Peak Particle Velocity (PPV). The peak rate of speed at which soil particles move (e.g., inches per second) due to ground vibration.
 Vibration Decibel (VdB). A unitless measure of vibration, expressed on a logarithmic scale and with respect to a defined reference vibration velocity. In the United States, the standard reference velocity is 1 micro-inch per second (1x10-6 in/sec).
 Noise-Sensitive Receptor. Noise- and vibration-sensitive receptors include land uses where quiet environments are necessary for enjoyment and public health and safety. Residences, schools, motels and hotels, libraries, religious institutions, hospitals, and nursing homes are examples.

SOUND FUNDAMENTALS
Noise can be generally defined as unwanted sound. Sound, traveling in the form of waves from a source, exerts a sound pressure level (referred to as sound level) that is measured in decibels (dB), which is the standard unit of sound amplitude measurement. The dB scale is a logarithmic scale that describes the physical intensity of the pressure vibrations that make up any sound, with 0 dB corresponding roughly to the threshold of human hearing and 120 to 140 dB corresponding to the threshold of pain. Pressure waves traveling through air exert a force registered by the human ear as sound.

Sound pressure fluctuations can be measured in units of hertz (Hz), which correspond to the frequency of a particular sound. Typically, sound does not consist of a single frequency, but rather a broad band of frequencies varying in levels of magnitude. When all the audible frequencies of a sound are measured, a sound spectrum is plotted consisting of a range of frequency spanning 20 to 20,000 Hz. The sound pressure level, therefore, constitutes the additive force exerted by a sound corresponding to the sound frequency/sound power level spectrum.

The typical human ear is not equally sensitive to all frequencies of the audible sound spectrum. Therefore, when assessing potential noise impacts, sound is measured using an electronic filter that de-emphasizes the frequencies below 1,000 Hz and above 5,000 Hz in a manner corresponding to the human ear’s decreased sensitivity to extremely low and extremely high frequencies. This method of frequency weighting is referred to as A weighting and is expressed in units of A-weighted decibels (dBA). Frequency A-weighting follows an international standard methodology of frequency de-emphasis and is typically applied to community noise measurements.

Noise Exposure and Community Noise
Noise exposure is a measure of noise over a period of time. Noise level is a measure of noise at a given instant in time. Community noise varies continuously over a period of time with respect to the contributing sound sources of the community noise environment. Community noise is primarily the product of many distant noise sources, which constitute a relatively stable background noise exposure, with the individual contributors unidentifiable. The background noise level changes throughout a typical day, but does so gradually, corresponding with the addition and subtraction of distant noise sources such as traffic and atmospheric conditions. What makes community noise constantly variable throughout a day, besides the slowly changing background noise, is the addition of short duration single event noise sources (e.g., aircraft flyovers, motor vehicles, sirens), which are readily identifiable to the individual receptor. 779
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These successive additions of sound to the community noise environment vary the community noise level from instant to instant, requiring the measurement of noise exposure over time to legitimately characterize a community noise environment and evaluate cumulative noise impacts. This time-varying characteristic of environmental noise is described using statistical noise descriptors.

Several rating scales have been developed to analyze the adverse effect of community noise on people.

Because environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise, as well as the time of day when the noise occurs. The noise descriptors most often encountered when dealing with traffic, community, and environmental noise include the average hourly noise level (in Leq) and the average daily noise levels/community noise equivalent level (in Ldn/CNEL). The Leq is a measure of ambient noise, while the Ldn and CNEL are measures of community noise.

Sound Measurement
As previously described, sound pressure is measured through the A-weighted measure to correct for the relative frequency response of the human ear. That is, an A-weighted noise level de-emphasizes low and very high frequencies of sound similar to the human ear’s de-emphasis of these frequencies.

Unlike linear units such as inches or pounds, decibels are measured on a logarithmic scale, representing points on a sharply rising curve. On a logarithmic scale, an increase of 10 dBA is 10 times more intense than 1 dBA, 20 dBA is 100 times more intense, and 30 dBA is 1,000 times more intense. A sound as soft as human breathing is about 10 times greater than 0 dBA. The decibel system of measuring sound gives a rough connection between the physical intensity of sound and its perceived loudness to the human ear.

Ambient sounds generally range from 30 dBA (very quiet) to 100 dBA (very loud). When the standard logarithmic dB is A-weighted (dBA), an increase of 10 dBA is generally perceived as a doubling in loudness.

For example, a 70-dBA sound is half as loud as an 80-dBA sound and twice as loud as a 60-dBA sound.

When two identical sources are each producing sound of the same loudness, the resulting sound level at a given distance would be 3.0 dB higher than one source under the same conditions.1 For example, a 65-
dBA source of sound, such as a truck, when joined by another 65 dBA source results in a sound amplitude of 68 dBA, not 130 dBA (i.e., doubling the source strength increases the sound pressure by three dBA).

Under the decibel scale, three sources of equal loudness together would produce an increase of five dBA.

Time variation in noise exposure is typically expressed in terms of a steady-state energy level equal to the energy content of the time varying period (called Leq), or alternately, as a statistical description of the sound level that is exceeded over some fraction of a given observation period. For example, the L50 noise level represents the noise level that is exceeded 50 percent of the time. Half the time the noise level exceeds this level and half the time it is less than this level. This level also represents the level exceeded 30 minutes in an hour. Similarly, the L2, L8 and L25 values represent the noise levels that are exceeded 2, 8, and 25 percent of the time, or 1, 5, and 15 minutes per hour. These “Ln” values are typically used to 1 Federal Transit Administration, September 2018, Transit Noise and Vibration Impact Assessment, https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impactassessment-manual-fta-report-no-0123_0.pdf. 780
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demonstrate compliance for stationary noise sources with a city’s noise ordinance. Other values typically noted during a noise survey are the Lmin and Lmax. These values represent the minimum and maximum root-mean-square noise levels obtained over the measurement period.

Because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, State law requires that, for planning purposes, an artificial dB increment be added to quiet time noise levels in a 24-hour noise descriptor called the Community Noise Equivalent Level (CNEL) or DayNight Noise Level (Ldn). As described above, the CNEL descriptor requires that an artificial increment of 5 dBA be added to the actual noise level for the hours from 7:00 p.m. to 10:00 p.m. and 10 dBA for the hours from 10:00 p.m. to 7:00 a.m. The Ldn descriptor uses the same methodology but only adds a 10 dBA increment between 10:00 p.m. and 7:00 a.m. Both descriptors give roughly the same 24-hour level, with the CNEL being only slightly more restrictive (i.e., higher).

Human Response to Noise
The human response to environmental noise is subjective and varies considerably from individual to individual. Noise environments and consequences of human activities are usually well represented by median noise levels during the day or night or over a 24-hour period. Environmental noise levels are generally considered low when the CNEL or Ldn is below 60 dBA, moderate in the 60 to 70 dBA range, and high above 70 dBA. Examples of low daytime levels are isolated, natural settings with noise levels as low as 20 dBA and quiet, suburban, residential streets with noise levels around 40 dBA. Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate-level noise environments are urban residential or semi-commercial areas (typically 55 to 60 dBA) and commercial locations (typically 60 dBA). People may consider louder environments adverse, but most will accept the higher levels associated with noisier urban residential or residential-commercial areas (60 to 75 dBA) or dense urban or industrial areas (65 to 80 dBA). Regarding increases in dBA, the following relationships should be noted in understanding this analysis:
 Except in carefully controlled laboratory experiments, a change of 1 dBA cannot be perceived by humans.
 Outside of the laboratory, a 3-dBA change is considered a just-perceivable difference.  A change in level of at least 5 dBA is required before any noticeable change in community response is expected. An increase of 5 dBA is typically considered substantial.  A 10-dBA change is subjectively heard as an approximate doubling in loudness and would almost certainly cause an adverse change in community response.

Table 4.11-1, Typical Noise Levels, shows typical noise levels from familiar noise sources. 781
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TABLE 4.11-1 TYPICAL NOISE LEVELS
Common Outdoor Activities
Noise Level
(dBA) Common Indoor Activities
Onset of physical discomfort 120+
110 Rock Band (near amplification system)
Jet Flyover at 1,000 feet
100
Gas Lawn Mower at three feet
90 Diesel Truck at 50 feet, at 50 mph Food Blender at 3 feet 80 Garbage Disposal at 3 feet
Noisy Urban Area, Daytime
70 Vacuum Cleaner at 10 feet
Commercial Area Normal speech at 3 feet
Heavy Traffic at 300 feet 60
Large Business Office
Quiet Urban Daytime 50 Dishwasher Next Room
Quiet Urban Nighttime 40 Theater, Large Conference Room (background) Quiet Suburban Nighttime
30 Library
Quiet Rural Nighttime Bedroom at Night, Concert Hall (background) 20 Broadcast/Recording Studio
10 Lowest Threshold of Human Hearing 0 Lowest Threshold of Human Hearing Source: Caltrans 2013. Technical Noise Supplement (“TeNS”).

Hearing Loss
While physical damage to the ear from an intense noise impulse is rare, a degradation of auditory acuity can occur even within a community noise environment. Hearing loss occurs mainly due to chronic exposure to excessive noise but may be due to a single event such as an explosion. Natural hearing loss associated with aging may also be accelerated from chronic exposure to loud noise.

The Occupational Safety and Health Administration (OSHA) has a noise exposure standard that is set at the noise threshold where hearing loss may occur from long-term exposures. The maximum allowable level is 90 dBA, averaged over eight hours. If the noise is above 90 dBA, the allowable exposure time is correspondingly shorter.
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Annoyance
Attitude surveys are used for measuring the annoyance felt in a community for noises intruding into homes or affecting outdoor activity areas. In these surveys, it was determined that causes of annoyance include interference with speech, radio and television, house vibrations, and interference with sleep and rest. The Ldn as a measure of noise has been found to provide a valid correlation between noise level and the percentage of people annoyed. People have been asked to judge the annoyance caused by aircraft noise and ground transportation noise. There continues to be disagreement about the relative annoyance of these different sources.

Psychological and Physiological Effects of Noise
Physical damage to human hearing begins at prolonged exposure to noise levels higher than 85 dBA.

Exposure to high noise levels affects our entire system, with prolonged noise exposure in excess of 75 dBA increasing body tensions, and thereby affecting blood pressure, functions of the heart, and the nervous system. In comparison, extended periods of noise exposure above 90 dBA could result in permanent hearing damage. When the noise level reaches 120 dBA, a tickling sensation occurs in the human ear even with short-term exposure. This level of noise is called the threshold of feeling. As the sound reaches 140 dBA, the tickling sensation is replaced by the feeling of pain in the ear. This is called the threshold of pain.

Noise Propagation and Attenuation
Noise can be generated by several sources, including mobile sources such as automobiles, trucks, and airplanes, as well as stationary sources such as construction sites, machinery, and industrial operations.

Sound spreads (propagates) uniformly outward in a spherical pattern, and the sound level decreases (attenuates) at a rate of approximately 6.0 dB (dBA) for each doubling of distance from a stationary or point source.2 Sound from a line source, such as a highway, propagates outward in a cylindrical pattern, often referred to as cylindrical spreading. Sound levels attenuate at a rate of approximately 3.0 dBA for each doubling of distance from a line source, such as a roadway, depending on ground surface characteristics.3 No excess attenuation is assumed for hard surfaces like a parking lot or a body of water.

Soft surfaces, such as soft dirt or grass, can absorb sound, so an excess ground-attenuation value of 1.5 dBA per doubling of distance is normally assumed. For line sources, an overall attenuation rate of 3.0 dB per doubling of distance is assumed.4
Noise levels may also be reduced by intervening structures; generally, a single row of detached buildings between the receptor and the noise source reduces the noise level by about 5 dBA,5 while a solid wall or 2 Federal Highway Administration, June 2017, Construction Noise Handbook, https://www.fhwa.dot.gov/Environment/noise/construction_noise/handbook/handbook02.cfm. 3 Federal Highway Administration, June 2017, Construction Noise Handbook, https://www.fhwa.dot.gov/Environment/noise/construction_noise/handbook/handbook02.cfm. 4 Federal Highway Administration, February 2017, Effective Noise Control During Nighttime Construction, http://ops.fhwa.dot.gov/wz/workshops/accessible/schexnayder_paper.htm. 5 Federal Highway Administration, 2006, Roadway Construction Noise Model. 783
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berm generally reduces noise levels by 10 to 20 dBA.6 However, noise barriers or enclosures specifically designed to reduce site-specific construction noise can provide a sound reduction of 35 dBA or greater.7 To achieve the most potent noise-reducing effect, a noise enclosure/barrier must physically fit in the available space, must completely break the “line of sight” between the noise source and the receptors, must be free of degrading holes or gaps, and must not be flanked by nearby reflective surfaces. Noise barriers must be sizable enough to cover the entire noise source and extend lengthwise and vertically as far as feasibly possible to be most effective. The limiting factor for a noise barrier is not the component of noise transmitted through the material, but rather the amount of noise flanking around and over the barrier. In general, barriers contribute to decreasing noise levels only when the structure breaks the "line of sight" between the source and the receiver.

The manner in which older homes in California were constructed generally provides a reduction of exterior-to-interior noise levels of about 20 to 25 dBA with closed windows.8 The exterior-to-interior reduction of newer residential units is generally 30 dBA or more.9 Generally, in exterior noise environments ranging from 60 dBA CNEL to 65 dBA CNEL, interior noise levels can typically be maintained below 45 dBA, a typical residential interior noise standard, with the incorporation of an adequate forced air mechanical ventilation system in each residential building, and standard thermal-pane residential windows/doors with a minimum rating of Sound Transmission Class (STC) 28.10 In exterior noise environments of 65 dBA CNEL or greater, a combination of forced-air mechanical ventilation and soundrated construction methods is often required to meet the interior noise level limit. Attaining the necessary noise reduction from exterior to interior spaces is readily achievable in noise environments less than 75 dBA CNEL with proper wall construction techniques following California Building Code (CBC) methods, the selections of proper windows and doors, and the incorporation of forced-air mechanical ventilation systems.

VIBRATION FUNDAMENTALS
Vibration is an oscillating motion in the earth. Like noise, vibration is transmitted in waves, but through the earth or solid objects. Unlike noise, vibration is typically of a frequency that is felt rather than heard.

Sources of earthborne vibrations include natural phenomena (e.g., earthquakes, volcanic eruptions, sea waves, landslides) or humanmade causes (explosions, machinery, traffic, trains, construction equipment, etc.). Vibration sources may be continuous (e.g., factory machinery) or transient (e.g., explosions).

Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero. As with noise, vibration can be described by both its amplitude and frequency. Several different methods are typically used to quantify vibration amplitude. One is the peak particle velocity (PPV); another is the root mean square (RMS) velocity. PPV is generally accepted as the most appropriate descriptor for evaluating 6 Federal Highway Administration, February 2017, Effective Noise Control During Nighttime Construction, http://ops.fhwa.dot.gov/wz/workshops/accessible/schexnayder_paper.htm. 7 Western Electro-Acoustic Laboratory, Inc. 2000, Sound Transmission Sound Test Laboratory Report No. TL 96-186. 8 California Department of Transportation, 2002, California Airport Land Use Planning Handbook. 9 Harris Miller, Miller & Hanson Inc., 2006, Transit Noise and Vibration Impact Assessment, Final Report. 10 STC is an integer rating of how well a building partition attenuates airborne sound. In the U.S., it is widely used to rate interior partitions, ceilings, floors, doors, windows, and exterior wall configurations. 784
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the potential for building damage. For human response, however, an average vibration amplitude is more appropriate because it takes time for the human body to respond to the excitation (the human body responds to an average vibration amplitude, not a peak amplitude). Because the average particle velocity over time is zero, the RMS amplitude is typically used to assess human response. The RMS value is the average of the amplitude squared over time, typically a one-second period.11 Table 4.11-2, Human Reaction and Damage to Buildings from Typical Vibration Levels, displays the reactions of people and the effects on buildings produced by continuous vibration levels. The annoyance levels shown in the table should be interpreted with care since vibration may be found to be annoying at much lower levels than those listed, depending on the level of activity or the sensitivity of the individual.

To sensitive individuals, vibrations approaching the threshold of perception can be annoying. Low-level vibrations frequently cause irritating secondary vibration, such as a slight rattling of windows, doors, or stacked dishes. The rattling sound can give rise to exaggerated vibration complaints, even though there is very little risk of actual structural damage. In high-noise environments, which are more prevalent where groundborne vibration approaches perceptible levels, this rattling phenomenon may also be produced by loud airborne environmental noise causing induced vibration in exterior doors and windows.

TABLE 4.11-2 HUMAN REACTION AND DAMAGE TO BUILDINGS FROM TYPICAL VIBRATION LEVELS

Peak Particle
Velocity (in/sec)
Vibration Velocity
Level (VdB) Human Reaction Effect on Buildings

0.006–0.019 64-74 Range of threshold of perception Vibrations unlikely to cause damage of any type

0.08 87 Vibrations readily perceptible
Threshold at which there is a risk of
architectural damage to extremely fragile
historic buildings, ruins, ancient
monuments

0.10 92
Level at which continuous vibrations
may begin to annoy people,
particularly those involved in vibration
sensitive activities
Threshold at which there is a risk of
architectural damage to fragile buildings.

Virtually no risk of architectural damage to
normal buildings

0.25 94 Vibrations may begin to annoy people
in buildings
Threshold at which there is a risk of
architectural damage to historic and some
old buildings

0.3 96 Vibrations may begin to feel severe to
people in buildings
Threshold at which there is a risk of
architectural damage to older residential
structures

0.5 103
Vibrations considered unpleasant by
people subjected to continuous
vibrations
Threshold at which there is a risk of
architectural damage to new residential
structures and Modern
industrial/commercial buildings
Source: California Department of Transportation, April 2020, Transportation and Construction Vibration Guidance Manual, https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/env/tcvgm-apr2020-a11y.pdf. Federal Transit Administration, September 2018, Transit Noise and Vibration Impact Assessment, https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-andvibration-impact-assessment-manual-fta-report-no-0123_0.pdf. 11 Federal Transit Administration, September 2018, Transit Noise and Vibration Impact Assessment, https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impactassessment-manual-fta-report-no-0123_0.pdf. 785
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REGULATORY FRAMEWORK
Federal Regulations
Federal Highway Administration
Proposed federal or federal-aid highway construction projects at a new location, or the physical alteration of an existing highway that significantly changes either the horizontal or vertical alignment, or increases the number of through-traffic lanes, requires an assessment of noise and consideration of noise abatement pursuant to 23 Code of Federal Regulations Part 772, Procedures for Abatement of Highway Traffic Noise and Construction Noise. The Federal Highway Administration (FHWA) has adopted noise abatement criteria for sensitive receivers such as picnic areas, recreation areas, playgrounds, active sport areas, parks, residences, motels, hotels, schools, churches, libraries, and hospitals when “worst-hour” noise levels approach or exceed 67 dBA Leq. The California Department of Transportation (Caltrans) has further defined approaching the noise abatement criteria to be 1 dBA below the noise abatement criteria for noise sensitive receivers identified as Category B activity areas (e.g., 66 dBA Leq is considered approaching the noise abatement criteria).12
United States Environmental Protection Agency
In addition to FHWA standards, the United States Environmental Protection Agency (USEPA) has identified the relationship between noise levels and human response. The USEPA has determined that over a 24- hour period, a Leq of 70 dBA will result in some hearing loss. Interference with activity and annoyance will not occur if exterior levels are maintained at a Leq of 55 dBA and interior levels at or below 45 dBA. These levels are relevant for planning and design and useful for informational purposes, but they are not land use planning criteria because they do not consider economic cost, technical feasibility, or the needs of the community; therefore, they are not mandated. The USEPA has set 55 dBA Ldn as the basic goal for exterior residential noise intrusion. However, other federal agencies, in consideration of their own program requirements and goals, as well as difficulty of achieving a goal of 55 dBA Ldn, have settled on the 65 dBA Ldn level as their standard. At 65 dBA Ldn, activity interference is kept to a minimum, and annoyance levels are still low. It is also a level that can realistically be achieved.

United States Department of Housing and Urban Development The United States Department of Housing and Urban Development (HUD) has set the goal of 65 dBA Ldn as a desirable maximum exterior standard for residential units developed under HUD funding. (This level is also generally accepted in the State of California.) Although HUD does not specify acceptable interior noise levels, standard construction of residential dwellings typically provides 20 dBA or more of attenuation with the windows closed. Based on this premise, the interior Ldn should not exceed 45 dBA. 12 California Department of Transportation, April 2020, Traffic Noise Analysis Protocol for New Highway Construction, Reconstruction, and Retrofit Barrier Projects.
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Federal Interagency Committee on Noise
The Federal Interagency Committee on Noise (FICON) thresholds of significance assist in the evaluation of increased traffic noise. The 2000 FICON findings provide guidance as to the significance of changes in ambient noise levels due to transportation noise sources. FICON recommendations are based on studies that relate aircraft and traffic noise levels to the percentage of persons highly annoyed by the noise.

FICON’s measure of substantial increase for transportation noise exposure is as follows:
 If the existing ambient noise levels at existing and future noise-sensitive land uses (e.g., residential, etc.) are less than 60 dBA CNEL and the project creates a readily perceptible 5 dBA CNEL or greater noise level increase and the resulting noise level would exceed acceptable exterior noise standards; or  If the existing noise levels range from 60 to 65 dBA CNEL and the project creates a barely perceptible 3 dBA CNEL or greater noise level increase and the resulting noise level would exceed acceptable exterior noise standards; or
 If the existing noise levels already exceed 65 dBA CNEL and the project creates a community noise level increase of greater than 1.5 dBA CNEL.

National Institute of Occupational Safety and Health
A division of the US Department of Health and Human Services, the National Institute for Occupational Safety and Health (NIOSH), has established a construction-related noise level threshold as identified in the Criteria for a Recommended Standard: Occupational Noise Exposure prepared in 1998. NIOSH identifies a noise level threshold based on the duration of exposure to the source. The NIOSH construction-related noise level threshold starts at 85 dBA for more than 8 hours per day; for every 3 dBA increase, the exposure time is cut in half. This reduction results in noise level thresholds of 88 dBA for more than 4 hours per day, 92 dBA for more than 1 hour per day, 96 dBA for more than 30 minutes per day, and up to 100 dBA for more than 15 minutes per day. The intention of these thresholds is to protect people from hearing losses resulting from occupational noise exposure.

Aircraft Noise Standards
The Federal Aviation Administration (FAA) Advisory Circular Number 150 5020 2, Noise Assessment Guidelines for New Helicopters, recommends the use of a cumulative noise measure, the 24-hour equivalent sound level [Leq(24)], so that the relative contributions of the heliport and other sound sources within the community may be compared. The Leq(24) is similar to the Ldn used in assessing the impacts of fixed wing aircraft. The helicopter Leq(24) values are obtained by logarithmically adding the single-event level (SEL) values over a 24-hour period. FAA Public Law 96 193 also directs the FAA to identify land uses which are “normally compatible” with various levels of noise from aircraft operations. Because of the size and complexity of many major hub airports and their operations, Federal Aviation Regulation Part 150 identifies many land uses and their attendant noise levels. These recommended noise levels are included in Table 4.11-3, Federal Aviation Administration Normally Compatible Community Sound Levels.

TABLE 4.11-3 FEDERAL AVIATION ADMINISTRATION NORMALLY COMPATIBLE COMMUNITY SOUND LEVELS Type of Area Leq (24)
Residential
Suburban
50 57
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TABLE 4.11-3 FEDERAL AVIATION ADMINISTRATION NORMALLY COMPATIBLE COMMUNITY SOUND LEVELS Type of Area Leq (24)
Urban
City
67 72
Commercial 72
Industrial 77
Notes: The Leq is the Equivalent Continuous Noise Level, which describes sound levels that vary over time, resulting in a single decibel value that takes into account the total sound energy over the period of time of interest.

Source: Federal Aviation Administration (FAA) Advisory Circular Number 150 5020 2, 1983.

State Regulations
General Plan Guidelines
The State of California, through its General Plan Guidelines, describes how ambient noise should influence land use and development decisions and includes a table of normally acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable uses at different noise levels, expressed in CNEL. A conditionally acceptable designation implies new construction or development should be undertaken only after a detailed analysis of the noise reduction requirements for each land use and needed noise insulation features are incorporated in the design. By comparison, a normally acceptable designation indicates that standard construction can occur with no special noise reduction requirements.

The General Plan Guidelines provide cities with recommended community noise and land use compatibility standards that can be adopted or modified at the local level based on conditions and types of land uses specific to that jurisdiction.

California Building Code
The State of California provides a minimum standard for building design through Title 24, Part 2, of the California Code of Regulations (CCR), commonly referred to as the “California Building Code” (CBC). The CBC is updated every three years. It is generally adopted on a jurisdiction-by-jurisdiction basis, subject to further modification based on local conditions. The City of Cupertino regularly adopts each new CBC update under the Cupertino Municipal Code Title 16, Building and Construction.

Airport Noise Standards
California Code of Regulations Title 21, Section 5012, establishes 65 dBA CNEL as the acceptable level of aircraft noise for persons living in the vicinity of airports. Noise-sensitive land uses are generally incompatible in locations where the aircraft exterior noise level exceeds 65 dBA CNEL, unless an aviation easement for aircraft noise has been acquired by the airport proprietor. Assembly Bill (AB) 2776 requires any person who intends to sell or lease residential properties in an airport influence area to disclose that fact to the person buying the property.
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Regional Regulations
Santa Clara County Airport Land Use Commission
The Santa Clara County Airport Land Use Commission was established to provide for appropriate development of areas surrounding public airports in Santa Clara County. The Commission is responsible for promoting land use compatibility around the County’s airports in order to minimize the public’s exposure to excessive noise and safety hazards, and to ensure that the approaches to airports are kept clear of structures that could pose an aviation safety hazard.

The Santa Clara County Airport Land Use Commission has prepared five comprehensive land use plans to cover all of the public airports in Santa Clara County, including the San Jose International Airport located approximately 4.2 miles northeast of the city’s northern limit, the Moffet Federal Airfield located approximately 4.6 miles north of the city’s northern limit, the Palo Alto Airport located approximately 9 miles northwest of the city, the Reid-Hillview Airport located approximately 9.6 miles east of the city’s eastern limit, and the San Martin Airport, located approximately 27.8 miles south of the city. The Commission’s five comprehensive land use plans identify noise compatibility zones in the form of airport noise contour graphics that are intended to prevent development that is incompatible with airport operations.

Local Regulations
General Plan 2040
The Land Use and Community Desing (LU) and Health and Safety (HS) Elements of General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider noise impacts. Applicable policies and strategies that would minimize potential adverse noise impacts are identified in Section 4.11.3, Impact Discussion.

The most basic planning strategy to minimize adverse impacts on new land uses due to noise is to avoid designating certain land uses at locations in the city that would negatively affect noise-sensitive land uses.

Uses such as schools, hospitals, childcare, senior care, congregate care, churches, and all types of residential uses should be located outside of any area anticipated to exceed acceptable noise levels as defined by the General Plan 2040 Figure HS-8, Land Use Compatibility for Community Noise Environments, or should be protected from noise through sound attenuation measures such as site and architectural design and sound walls.

The City has adopted guidelines as a basis for planning decisions and these guidelines are shown in Table

4.11-4, Land Use Compatibility for Community Noise Environments (Figure HS-8 of the General Plan). In a case where the noise levels identified at a potential future development project site fall within levels considered normally acceptable, the project is considered compatible with the existing noise environment.
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TABLE 4.11-4 LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENTS Land Uses
CNEL or Ldn (dBA)
55 60 65 70 75 80
Residential-Low Density
Single Family, Duplex, Mobile Homes
Residential – Multiple Family
Transient Lodging: Hotels and Motels
Schools, Libraries, Churches, Hospitals, Nursing Homes
Auditoriums, Concert Halls, Amphitheaters
Sports Arena, Outdoor Spectator Sports
Playground, Neighborhood Parks
Golf Courses, Riding Stables, Water Recreation, Cemeteries Office Buildings, Commercial, and Professional Centers
Industrial, Manufacturing, Utilities, Agricultural
Normally Acceptable:

Specified land use is satisfactory, based on the
assumption that any buildings are of normal
conventional construction, without any special
noise insulation requirements.

Normally Unacceptable:

New construction or development should generally
be discouraged. If new construction or development
does proceed, a detailed analysis of noise reduction
requirements must be made and needed noise
insulation features included in design.

Conditionally Acceptable:

New construction or development should be
undertaken only after a detailed analysis of noise
reduction requirements is made and needed
noise insulation features included in design.

Conventional construction, but with closed
windows and fresh air supply systems or air
conditioning, will normally suffice.

Clearly Unacceptable:

New construction or development should generally
not be undertaken.

Source: Cupertino General Plan: Community Vision 2015-2040.

Municipal Code
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The Cupertino Municipal Code (CMC) includes various directives to minimize adverse noise impacts in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to noise are included in Title 10, Public Peace, Safety and Morals, and Title 17, Environmental Regulations, as follows:
 Chapter 10.48, Community Noise Control. This chapter includes provisions for the noise control program and provides procedures to implement and enforce the program. It also provides the City’s maximum allowable noise levels, as shown in Table 4.11-5, Daytime and Nighttime Maximum Noise Levels, unless stated otherwise.

TABLE 4.11-5 DAYTIME AND NIGHTTIME MAXIMUM NOISE LEVELS Land Use at Point of Origin
Maximum Noise Level at Complaint Site of Receiving Property Nighttime Daytime
Residential 50 dBA 60 dBA
Non-residential 55 dBA 65 dBA
Note: ‘Nighttime’ is defined as periods of weekdays from 8:00 p.m. to 12:00 midnight, and from midnight to 7:00 a.m., and periods on weekends from 6:00 p.m. to midnight and from midnight to 9:00 a.m. ‘Daytime’ is defined as the period from 7:00 a.m. to 8:00 p.m. on weekdays, and the period from 9:00 a.m. to 6:00 p.m. on weekends.

Source: City of Cupertino Municipal Code, Section 10.48.040 Chapter 10.48 of the Municipal Code also addresses construction noise, stating that grading, construction, and demolition activities are allowed to exceed the noise limits identified in Table 4.11- 5 during daytime hours, provided that the equipment utilized has high-quality noise muffler and abatement devices installed and in good condition, and the activity meets one of the following two criteria:

1. No individual device produces a noise level more than 87 dBA at a distance of 25 feet (7.5 meters); or

2. The noise level on any nearby property does not exceed 80 dBA.

Section 10.48.045, Interior Noise in Multiple-Family Dwellings, provides additional requirements for noise from multiple-family units. This includes requirements for not producing noise levels exceeding 45 dBA five feet from any wall in any adjoining unit during the period between seven a.m. and ten p.m. or exceeding 40 dBA during hours from ten p.m. to seven a.m. the following day.

In addition to the requirement to achieve these two criteria; grading, street construction, demolition, or underground utility work within 750 feet of a residential area is prohibited within the city on Saturdays, Sundays, and holidays, and during the nighttime period unless it meets the nighttime standards identified in Table 4.11-5.
 Chapter 17.04, Standard Environmental Protection Requirements. The purpose of Chapter 17.04 of the Municipal Code is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental documents required as part of a General Plan update. Chapter

17.04 includes specific requirements for noise and vibration.  Section 17.04.040(D)(1). Vibration Technical Report Requirements. Section 17.04.040(D)(1) requires that the project applicant provide a vibration study to determine vibration levels due to 791
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construction to the City, prior to approval of the project, when the following activities would occur within the screening distance to buildings or structures: pile driving within 100 feet, vibratory roller within 25 feet, or other heavy equipment (e.g., bulldozer) within 15 feet; and for historical structures: pile driving within 135 feet, vibratory roller within 40 feet, or other heavy equipment within 20 feet. If vibration levels due to construction activities exceeds 0.2 inches per second peak particle velocity (in/sec PPV) at nearby buildings or structures, or 0.12 in/sec PPV at historical structures, the project shall implement the following alternative methods/equipment:
a. For pile driving, one of the following options shall be used: caisson drilling (drilled piles), vibratory pile drivers, oscillating or rotating pile installation methods, or jetting or partial jetting of piles into place using a water injection at the tip of the pile. b. For paving, use a static roller in lieu of a vibratory roller. c. For grading and earthwork activities, off-road equipment must be limited to 100 horsepower or less.
 Section 17.04.050(G)(1). Notice and Signage. Section 17.04.050(G)(1) provides the requirements for notice and signage for noise and vibration permits, as follows:
a. At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant must send notices of the planned activity by first class mail as follows:
i. For projects on sites that are more than 0.5 acres or four or more residential units the notices must be sent to off-site businesses and residents within 500 feet of the project site; ii. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices are required to be sent to off-site businesses and residents within 250 feet of the project site; or
iii. For projects on sites less than 0.25 acres or one residential unit, the notices must be sent to off-site businesses and residents within 100 feet of the project site.

The notification must include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall duration. The notification should include the telephone numbers of the contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The project applicant is required to provide the City with evidence of mailing of the notice, upon request. b. At least 10 days prior to the start of construction activities, a sign must 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 are required to investigate, take appropriate corrective action, and report the action to the City within three business days of receiving the complaint.
 Section 17.04.050(G)(2). Manage Noise During Construction. Projects must implement the following measures to reduce noise during construction and demolition activity:
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a. The project applicant and contractors are required to prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan must demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control).

The details of the Construction Noise Control Plan are required to be included in the applicable construction documents and implemented by the on-site Construction Manager.

Noise reduction measures selected and implemented must be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan is required to demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. b. 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.
c. 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. d. 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.  Section 17.04.050(G)(3). Manage Vibrations During Construction. In the event pile driving is required, the project applicant is required to:
a. Notify all vibration-sensitive receptors within 300 feet of the project site of the schedule 10 days prior to its commencement and include the contact information for the person responsible for responding to complaints on site.
b. The project applicant is required to retain a qualified acoustical consultant or structural engineer to prepare and implement a Construction Vibration Monitoring Plan, which is subject to third-party peer review under the direction of the City at the applicant’s cost, for areas within 100 feet for pile driving, 25 feet for vibratory roller, or 15 feet for other heavy equipment (e.g., bulldozer); and for historical structures: within 135 feet for pile driving, 40 feet for vibratory roller, or 20 feet for other heavy equipment. The plan has to include surveying the condition of existing structures; and determining the number, type, and location of vibration sensors and establish a vibration velocity limit (as determined based on a detailed review of the proposed building), method (including locations and instrumentation) for monitoring vibrations during construction, location of notices displaying the contact information for on-site coordination and complaints on site, and method for alerting 793
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responsible persons who have the authority to halt construction should limits be exceeded or damaged observed.
c. Submit final monitoring reports to the City upon completion of vibration related construction activities.
d. Conduct a post-survey on any structure where either monitoring has indicated high vibration levels or complaints that damage has occurred are received. e. The project applicant shall be responsible for appropriate repairs as determined by the qualified acoustical consultant or structural engineer where damage has occurred as a result of construction activities.

EXISTING CONDITIONS
Chapter 4.10, Noise, of the General Plan Environmental Impact Report (EIR), addresses noise impacts associated with buildout of the General Plan 2040 at a program level. The setting for noise is described in the General Plan EIR Section 4.10.1.3, Existing Conditions. Since the certification of the General Plan EIR additional noise surveys have been conducted with the following results.

The dominant noise sources in Cupertino include community noise from automobile traffic. Traffic noise levels depend primarily on the speed of traffic and volume of trucks. The primary source of noise from automobiles is high-frequency tire noise, which increases with speed. Trucks and older automobiles produce engine and exhaust noise, and trucks can also generate wind noise. Tire noise from cars is produced at ground level (i.e., where the tire contacts the road), whereas truck noise can be generated at a height of 10 to 15 feet above the road, depending on the height of the exhaust pipe(s) and engine. As a result, sound walls are not as effective at reducing truck noise unless they are very tall.

As previously described, the dominant noise source within Cupertino is vehicle traffic on its roadways, primarily Stevens Creek Boulevard, De Anza Boulevard, Homestead Road, and Foothill Boulevard. Existing roadway noise levels were calculated for roadway segments throughout Cupertino. This task was accomplished using the FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108) (see Appendix D, Noise, of this Draft EA) and traffic volumes from Fehr & Peers Transportation Consultants (Appendix E, Transportation, of this EA). The model calculates the average noise level at specific locations based on traffic volumes, average speeds, roadway geometry, and site environmental conditions.

The average vehicle noise rates (energy rates) used in the FHWA model have been modified to reflect average vehicle noise rates identified for California by the California Department of Transportation (Caltrans). The Caltrans data shows that California automobile noise is 0.8 to 1.0 dBA higher than national levels and that medium and heavy truck noise is 0.3 to 3.0 dBA lower than national levels. The average daily noise levels along these roadway segments are presented in Table 4.11-6, Baseline Roadway Noise Levels.
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TABLE 4.11-6 BASELINE ROADWAY NOISE LEVELS
Roadway Segment
Volume
(Average Daily
Trips)
CNEL at 50
Feet
Distance to CNEL Contour (feet)
70 dBA 65 dBA 60 dBA 55 dBA
Foothill Boulevard
Between Stevens Creek Boulevard
and Alpine Drive 20,878 68.0 - 100 ft 316 ft 1,000 ft
Bubb Road
Between Stevens Creek Boulevard
and Results Way 13,339 63.5 - - 112 ft 355 ft
Stelling Road
Between Gardena Drive and Alves
Drive 17,493 63.4 - 35 ft 109 ft 345 ft
Between Pepper Tree Lane and
McClellan Road 14,710 63.2 - - 104 ft 329 ft
Between McClellan Road and
Orogrande Place 14,710 62.7 - - 94 ft 297 ft
De Anza Boulevard
Between Homestead Road and I280 52,676 71.4 69 ft 218 ft 688 ft 2,176 ft Between Mariani Avenue and
Lazaneo Drive 42,455 72.0 80 ft 252 ft 797 ft 2,522 ft
Between Scofield Drive and
Bollinger Road 43,216 70.5 - 179 ft 565 ft 1,785 ft
Between Rainbow Drive and
Prospect Road 15,856 67.4 - 86 ft 273 ft 863 ft
Blaney Avenue
Between Beekman Place and
Wheaton Drive 6,294 60.3 - - 54 ft 171 ft
Wolfe Road
Between Homestead Road and I280 Overpass 31,751 68.8 - 120 ft 380 ft 1,202 ft Overpass at I-280 33,786 70.4 55 ft 173 ft 548 ft 1,732 ft Between I-280 Overpass and
Stevens Creek Boulevard 34,200 69.1 - 129 ft 409 ft 1,295 ft Miller Avenue
Between Stevens Creek Boulevard
and Bollinger Road 17,379 65.0 - 51 ft 160 ft 506 ft
Tantau Avenue
Between Homestead Road and I280 Overpass 6,839 60.7 - - 59 ft 185 ft Lawrence Expressway
Between Stevens Creek Boulevard
and Mitty Way 47,363 73.2 105 ft 332 ft 1,048 ft 3,316 ft Homestead Road
Between Tantau Avenue and Wolfe
Road 18,825 65.4 - 55 ft 175 ft 554 ft
Between Wolfe Road and Canary
Drive 22,895 66.3 - 67 ft 213 ft 674 ft
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TABLE 4.11-6 BASELINE ROADWAY NOISE LEVELS
Roadway Segment
Volume
(Average Daily
Trips)
CNEL at 50
Feet
Distance to CNEL Contour (feet)
70 dBA 65 dBA 60 dBA 55 dBA
Between Canary Drive and Franco
Court 24,876 66.7 - 73 ft 232 ft 733 ft
Between Franco Court and New
Brunswick Avenue 20,933 65.9 - 62 ft 195 ft 616 ft
Between New Brunswick Avenue
and Mary Avenue 16,990 65.0 - 50 ft 158 ft 500 ft
Vallco Parkway
Between Tantau Avenue and Wolfe
Road 2,917 56.1 - - - 64 ft
Stevens Creek Boulevard
Between I-280 and Tantau Avenue 27,515 68.7 - 118 ft 373 ft 1,180 ft Between Tantau and Portal Avenue 25,476 68.8 - 120 ft 378 ft 1,196 ft Between Portal Avenue and Randy
Lane 30,348 68.1 - 103 ft 326 ft 1,032 ft
Between Randy Lane and De Anza
Boulevard 24,876 67.7 - 93 ft 293 ft 926 ft
Between De Anza Boulevard and
Stelling Road 28,730 68.5 - 12 ft 355 ft 1,123 ft
Between Stelling Road and Mary
Avenue 30,587 68.8 - 120 ft 378 ft 1,195 ft
Between Orange Avenue and
Foothill Boulevard 20,523 65.4 - 54 ft 172 ft 543 ft
Bollinger Road
Between Wunderlich Drive and
Miller Avenue 21,523 66.0 - 63 ft 200 ft 634 ft
Between Miller Avenue and De
Anza Boulevard 15,877 64.4 - - 139 ft 440 ft
Source: Traffic noise levels were calculated using the FHWA Highway Noise Prediction Model in conjunction with the trip generation rate identified by Fehr & Peers. Refer to Appendix E, Transportation, of this EA for traffic noise modeling assumptions and results.

Existing noise contours for the freeways and major arterials in the city are presented on Figure 4.11-1, Existing Traffic Noise Contours. The noise contours shown on Figure 4.11-1 represent the predicted noise level based on roadway volumes, the percentage of trucks, speed, and other factors. 796
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1.5 Figure 4.11-1
Existing Traffic Noise Contours
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4.11.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant noise impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
NOI-1. Generate 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 standard? SU LTS
NOI-2. Generate excessive groundborne vibration or groundborne noise levels? LTS LTS NOI-3. 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, expose people residing or working in the project area to excessive noise levels?
NI NI
NOI-4. Result in a cumulatively considerable impact with respect to noise? SU LTS Note: In December 2018, amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines after the certification of the General Plan EIR in 2015. Some of the questions have been added, modified, or removed, while others have been relocated to different chapters of this EA.

Revisions were made to each of the questions, and as such this EA only analyzes the current questions NOI-1 through NOI-4 shown here.

Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

4.11.3 IMPACT DISCUSSION
NOI-1 Implementation of the proposed Modified Project would not result in 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.

Land Use Compatibility
By identifying noise-sensitive land uses and establishing compatibility guidelines for those land uses (Figure HS-8 of General Plan 2040 and Table 4.11-4 of this EA), noise considerations would influence the general distribution, location, and intensity of future land uses. The result is that effective land use planning and project design can alleviate the majority of noise problems.

The General Plan EIR found that future development under the Approved Project would be subject to the policies and regulations that would require new residential dwellings, hotels, motels, dormitories, and school classrooms to meet the interior noise level threshold of 45 dBA Ldn. As shown in Health and Safety Element Figure HS-8, Land Use Noise Compatibility for Community Noise Environments, of the General Plan 2040, community noise exposure compatible with residential land uses would be less than 60 dBA Ldn for low-density residential development and less than 65 dBA Ldn for multifamily residential development.

Community noise exposure would be conditionally acceptable up to 70 dBA Ldn with noise reduction requirements and air conditioning systems for residential uses. Through adherence with the Land Use Noise Compatibility for Community Noise Environment guidelines, residential development would be prohibited in areas over 70 dBA Ldn unless future potential development demonstrates a 45 dBA Ldn noise indoor noise level. Specific land uses that would be prohibited adjacent to residential development 798
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include auditoriums, concert halls, amphitheaters, sports areas, and outdoor spectator sports. This would apply to future development under the proposed Modified Project. Furthermore, maintenance and continued enforcement of the CMC, including the Noise Ordinance and Zoning Code, would work in tandem with and reinforce the policies in the General Plan, and any impact arising from violation of applicable local standards would therefore be less than significant.

The General Plan EIR also found that the Land Use and Community Design (LU) and Health and Safety (HS) Elements contain policies and strategies that require local planning and development decisions to consider policy direction for minimizing noise impacts on the community and establishes noise-control measures for construction and operation of land use projects. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse noise impacts.  Policy LU-27.8. Protection. Protect residential neighborhoods from noise, traffic, light and visually intrusive effects from more intense development with landscape buffers, site and building design, setbacks, and other appropriate measures. (General Plan EIR Policy 2-6)  Policy HS-8.1. Land Use Decision Evaluation. Use the Land Use Compatibility for Community Noise Environments chart, the Future Noise Contour Map (see Figure D-1 in Appendix D [of the General Plan]) and the City Municipal Code to evaluate land use decisions. (General Plan EIR Policies 6-64, 6- 65, and 6-66)
 Strategy HS-8.2.2. Noise Control Techniques. Require analysis and implementation of techniques to control the effects of noise from industrial equipment and processes for projects near low-intensity residential uses.
 Strategy HS-8.2.3. Sound Wall Requirements. Exercise discretion in requiring sound walls to be sure that all other measures of noise control have been explored and that the sound wall blends with the neighborhood. Sound walls should be designed and landscaped to fit into the environment.  Policy HS-8.4. Freeway Design and Neighborhood Noise. Ensure that roads and development along Highway 85 and Interstate 280 are designed and improved in a way that minimizes neighborhood noise.

A basic planning strategy to minimize adverse impacts on new land uses due to noise is to avoid designating certain land uses at locations in the city that would negatively affect noise-sensitive land uses.

Uses such as schools, hotels, hospitals, nursing homes, recreational uses, churches, libraries, cemeteries, and all types of residential uses must be outside of any area anticipated to exceed the noise levels as defined by the Health and Safety Element Figure HS-8, Land Use Compatibility for Community Noise Environments. These land uses must also be protected from noise through sound attenuation measures, such as site and architectural design and sound walls (Policy HS-8.1). Under both the Approved Project and proposed Modified Project, General Plan 2040 Figure HS-8, Land Use Compatibility for Community Noise Environments, would be used to determine whether the existing noise levels surrounding a potential future development are consistent with the noise limits in General Plan 2040 and to identify where a future proposed land use development project may need to incorporate noise mitigation features. In a case where the noise levels identified at a future potential development project site under both the Approved Project and proposed Modified Project are in levels identified on General Plan 2040 799
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Figure HS-8, Land Use Compatibility for Community Noise Environments, the future potential development would be considered compatible with the existing noise environment.

The acoustical analyses potentially triggered by the proposed Modified Project would be similar to that under the Approved Project, and both would be required to conduct an existing conditions noise measurement and comply with CMC Chapter 17.04, Standard Environmental Protection Requirements.

The location-specific existing noise measurements presented in the acoustical analyses would either demonstrate the noise/land use compatibility between a proposed land use and location or assist with the characterization of the ambient noise environment in a manner that allows for implementation of the appropriate noise attenuation measures necessary to protect the new noise-sensitive land use. Examples of noise attenuation measures include measures such as noise barriers, enhanced insulation, building orientation, or setbacks. Similar to the Approved Project, the need for noise attenuation measures in building construction and project design from any noise source and for all land uses would be determined on a project-by-project basis at the time of future potential development under the proposed Modified Project. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe noise/land use compatibility issues beyond what was evaluated in the General Plan EIR.

Temporary Construction Noise
As described in the General Plan EIR, noise from construction equipment and various construction-related activities is frequently a cause of temporary or periodic increases in ambient noise levels. Therefore, by restricting hours of construction and directing the City to review project noise impacts as part of the planning process, noise impacts would be reduced.

Under both the Approved Project and proposed Modified Project, the primary source of temporary noise in the city would be demolition and construction activities associated with future potential development projects. Construction activities would involve both off-road construction equipment (e.g., excavators, dozers, cranes) and transport of workers and equipment to and from construction sites. Table 4.11-7, Reference Construction Equipment Noise Levels (50 Feet from Source), shows typical noise levels produced by the types of off-road equipment that would likely be used during future construction in Cupertino.

Construction noise is a substantial source of temporary noise under the Approved Project and would continue to be so under the proposed Modified Project. Noise levels near individual construction sites associated with development and activities under the proposed Modified Project would not be substantially different from what they would be under the Approved Project. Since specific future projects in the city are unknown at this time, it is conservatively assumed that the construction areas associated with these future projects could be within 50 feet of sensitive land uses. As depicted in Table 4.11-7, Reference Construction Equipment Noise Levels, noise levels generated by individual pieces of construction equipment typically range from approximately 74 dBA to 101.3 dBA Lmax at 50 feet and 67.7 dBA to 94.3 dBA Leq at 50 feet. During each stage of construction, a different mix of equipment would operate, and noise levels would vary based on the amount of equipment on-site and the location of the activity. Construction noise levels drop off at a rate of about 6 dBA per doubling of distance between the noise source and the receptor. Intervening structures or terrain would result in lower noise levels at distant receivers.
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TABLE 4.11-7 REFERENCE CONSTRUCTION EQUIPMENT NOISE LEVELS (50 FEET FROM SOURCE) Equipment Typical Noise Level (dBA) at 50 Feet from Source Lmax Leq
Aerial Lift 74.7 67.7
Air Compressor 77.7 73.7
Backhoe 77.6 73.6
Blasting 94.0 73.0
Boring Jack (Power Unit) 83.0 80.0
Boring Jack (Horizontal) 82.0 76.0
Chain Saw 83.7 76.7
Compactor (Ground) 83.2 76.2
Concrete Mixer Truck 78.8 74.8
Concrete Mixer (Vibratory) 80.0 73.0
Concrete Pump Truck 81.4 79.4
Concrete Saw 89.9 82.6
Crane 80.6 72.6
Dozer 81.7 77.7
Drill Rig 84.4 77.4
Drill Rig Truck 79.1 72.2
Drum Mixer 80.0 77.0
Dump Truck 76.5 72.5
Excavator 80.7 76.7
Front End Loader 79.1 75.1
Generator 80.6 77.6
Grader 85.0 81.0
Hydraulic Break Ram 90.0 80.0
Impact Hammer/Hoe Ram (Mounted) 90.3 83.3
Jackhammer 88.9 81.9
Pavement Scarifier 89.5 82.5
Paver 77.2 74.2
Pile Driver (Impact) 101.3 94.3
Pile Driver (Vibratory) 100.8 93.8
Pneumatic Tools 85.2 82.2
Pumps 80.9 77.9
Rock Drill 81.0 74.0
Roller 80.0 73.0
Scraper 83.6 79.6
Tractor 84.0 80.0
Truck (Flat Bed) 74.3 70.3
Truck (Pick Up) 75.0 71.0
Vacuum Street Sweeper 81.6 71.6
Welder 74.0 70.0
Source: Federal Highway Administration, 2006, Roadway Construction Noise Model. 801
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The General Plan EIR found that the Health and Safety (HS) Element contains policies and strategies that require local planning and development decisions to consider policy direction for minimizing noise impacts on the community and establishes noise-control measures for construction and operation of land use projects. Like the Approved Project, the following General Plan 2040 policy would serve to minimize temporary adverse noise impacts under the proposed Modified Project:
 Policy HS-8.3. Construction and Maintenance Activities. Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the day, during weekdays weekends and holidays for construction activities. Require construction contractors to use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers. (General Plan EIR Policies 6-61 and 6-62).

Additionally, Chapters 10.48, Community Noise Control, and 17.04, Standard Environmental Protection Requirements, of the CMC identify standard noise requirements that all construction projects must meet.

These requirements include limiting noise levels during daytime and nighttime hours, providing noise noticing and signage, and managing noise during construction through preparation and implementation of a Noise Control Plan.

Compliance with Chapters 10.48 and 17.04 of the CMC and General Plan 2040 Policy HS-8.3 would be required under both the Approved Project and proposed Modified Project to ensure that noise attenuation during construction of future potential development is provided to minimize temporary noise impacts associated with construction. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe temporary construction noise impacts beyond what was evaluated in the General Plan EIR.

Traffic Noise
As described in the General Plan EIR, it is anticipated that projected increases in vehicle traffic would result in substantial permanent increases to the ambient noise levels throughout Cupertino. The ambient noise level increases shown in Table 4.10-10, Increases to Ambient Noise Levels Along Major Roadway Segments- Proposed Project, of the General Plan EIR demonstrate that there would be multiple major road segments that would experience substantial permanent increases in ambient noise levels, including at sensitive land uses under the Approved Project.

Future potential development under both the Approved Project and proposed Modified Project are expected to affect the community noise environment by generating additional traffic. Transportationsource noise levels were calculated for this EA using the FHWA Highway Noise Prediction Model (FHWARD-77-108) with traffic counts provided by Fehr & Peers Transportation Consultants (as shown in Appendix E, Transportation, of this EA). The model calculates the average noise level at specific locations based on traffic volumes, average speeds, roadway geometry, and site environmental conditions. The average vehicle noise rates (energy rates) used in the FHWA model have been modified to reflect average vehicle noise rates identified for California by Caltrans. The Caltrans data shows that California automobile noise is 0.8 to 1.0 dBA higher than national levels and that medium and heavy truck noise is 0.3 to 3.0 dBA lower than national levels.
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As previously described, a 5 dBA change is required before any noticeable change in community response is expected. Based on this fact, a significant increase in traffic noise is considered to be an increase in the existing ambient noise environment of at least 5 dBA CNEL. Future traffic noise contours are mapped on Figure 4.11-2, Future Traffic Noise Contours. Table 4.11-8, Future (Modified Project Buildout) Roadway Noise Levels, shows the calculated off-site roadway noise levels under Approved Project traffic levels compared to future buildout under the proposed Modified Project. As reflected in Table 4.11-8, this analysis included a large sample of local roadway segments but did not include all roadways in Cupertino.

The analyzed segments were selected to illustrate potential changes in roadway noise throughout Cupertino. Therefore, additional roadways segments in Cupertino may experience increased traffic noise.

TABLE 4.11-8 FUTURE (MODIFIED PROJECT BUILDOUT) ROADWAY NOISE LEVELS Roadway Segment
CNEL at 50 Feet
Difference Significant
Increase?
Distance to CNEL Contour – General
Plan Buildout (feet)
Approved
Project
Proposed
Modified
Project
70 dBA 65 dBA 60 dBA 55 dBA
Foothill Boulevard
Between Stevens Creek
Boulevard and Alpine
Drive

68.0 68.0 0 No - 100 ft 318 ft 1,005 ft
Bubb Road
Between Stevens Creek
Boulevard and Results
Way

63.5 63.6 +0.1 No - - 114 ft 359 ft
Stelling Road
Between Gardena Drive and
Alves Drive 63.4 63.4 0 No - 35 ft 110 ft 347 ft
Between Pepper Tree Lane
and McClellan Road 63.2 63.2 0 No - - 104 ft 330 ft
Between McClellan Road and
Orogrande Place 62.7 62.8 +0.1 No - - 94 ft 298 ft
De Anza Boulevard
Between Homestead Road
and I-280 71.4 71.5 +0.1 No 71 ft 224 ft 707 ft 2,236 ft Between Mariani Avenue and
Lazaneo Drive 72.0 72.2 +0.2 No 82 ft 260 ft 821 ft 2,597 ft Between Scofield Drive and
Bollinger Road 70.5 70.6 +0.1 - 182 ft 576 ft 1,822 ft
Between Rainbow Drive and
Prospect Road 67.4 67.4 0 No - 87 ft 274 ft 867 ft
Blaney Avenue
Between Beekman Place and
Wheaton Drive 60.3 60.4 +0.1 - - 54 ft 172 ft
Wolfe Road
Between Homestead Road
and I-280 Overpass 68.8 68.8 0 No - 121 ft 382 ft 1,208 ft Overpass at I-280 70.4 70.4 0 No 55 ft 174 ft 551 ft 1,742 ft Between I-280 Overpass and
Stevens Creek
Boulevard

69.1 69.2 +0.1 No - 131 ft 413 ft 1,306 ft
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TABLE 4.11-8 FUTURE (MODIFIED PROJECT BUILDOUT) ROADWAY NOISE LEVELS Roadway Segment
CNEL at 50 Feet
Difference Significant
Increase?
Distance to CNEL Contour – General
Plan Buildout (feet)
Approved
Project
Proposed
Modified
Project
70 dBA 65 dBA 60 dBA 55 dBA
Miller Avenue
Between Stevens Creek
Boulevard and Bollinger
Road

65.0 65.1 +0.1 No - 51 ft 161 ft 508 ft
Tantau Avenue
Between Homestead Road
and I-280 Overpass 60.7 60.7 0 No - - 59 ft 186 ft
Lawrence Expressway
Between Stevens Creek
Boulevard and Mitty
Way

73.2 73.2 0 No 105 ft 333 ft 1,054 ft 3,332 ft
Homestead Road
Between Tantau Avenue and
Wolfe Road 65.4 65.6 +0.2 - 57 ft 180 ft 568 ft
Between Wolfe Road and
Canary Drive 66.3 66.4 +0.1 No - 70 ft 220 ft 697 ft
Between Canary Drive and
Franco Court 66.7 66.8 +0.1 No - 76 ft 240 ft 758 ft
Between Franco Court and
New Brunswick Avenue 65.9 66.0 +0.1 No - 64 ft 201 ft 636 ft Between New Brunswick
Avenue and Mary
Avenue

65.0 65.1 +0.1 No - 51 ft 161 ft 509 ft
Vallco Parkway
Between Tantau Avenue and
Wolfe Road 56.1 57.5 +1.4 - - 88 ft
Stevens Creek Boulevard
Between I-280 and Tantau
Avenue 68.7 68.9 +0.2 No - 122 ft 385 ft 1,218 ft
Between Tantau and Portal
Avenue 68.8 69.0 +0.2 No - 124 ft 393 ft 1,242 ft
Between Portal Avenue and
Randy Lane 68.1 68.3 +0.2 No - 106 ft 335 ft 1,060 ft
Between Randy Lane and De
Anza Boulevard 67.7 67.8 +0.1 96 ft 303 ft 957 ft
Between De Anza Boulevard
and Stelling Road 68.5 68.7 +0.2 No - 116 ft 367 ft 1,162 ft Between Stelling Road and
Mary Avenue 68.8 68.9 +0.1 No - 122 ft 386 ft 1,222 ft
Between Orange Avenue and
Foothill Boulevard 65.4 65.4 0 No - 55 ft 173 ft 548 ft Bollinger Road
Between Wunderlich Drive
and Miller Avenue 66.0 66.1 +0.1 No - 64 ft 201 ft 637 ft 804
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TABLE 4.11-8 FUTURE (MODIFIED PROJECT BUILDOUT) ROADWAY NOISE LEVELS Roadway Segment
CNEL at 50 Feet
Difference Significant
Increase?
Distance to CNEL Contour – General
Plan Buildout (feet)
Approved
Project
Proposed
Modified
Project
70 dBA 65 dBA 60 dBA 55 dBA
Between Miller Avenue and
De Anza Boulevard 64.4 64.5 +0.1 No - 44 ft 140 ft 444 ft Source: Traffic noise levels were calculated using the FHWA Highway Noise Prediction Model in conjunction with the trip generation rate identified by Fehr & Peers. Refer to Appendix E, Transportation, of this EA for traffic noise modeling assumptions and results.

As shown in Table 4.11-8, no city roadway segment would experience an increase of more than 5.0 dBA CNEL over the Approved Project compared to buildout anticipated under the proposed Modified Project.

The General Plan EIR also found that the Health and Safety (HS) Element contains policies and strategies that require local planning and development decisions to consider policy direction for minimizing noise impacts on the community and establishes noise-control measures for construction and operation of land use projects. Like the Approved Project, the following existing General Plan 2040 policies and strategy, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse noise impacts.
 Policy HS-8.4. Freeway Design and Neighborhood Noise. Ensure that roads and development along Highway 85 and Interstate 280 are designed and improved in a way that minimizes neighborhood noise.
 Policy HS-8.5. Neighborhoods. Review residents’ needs for convenience and safety and prioritize them over the convenient movement of commute or through traffic where practical.  Policy HS-8.6. Traffic Calming Solutions to Street Noise. Evaluate solutions to discourage through traffic in neighborhoods through enhanced paving and modified street design. (General Plan EIR Policy 6-53)
 Strategy HS-8.6.1. Local Improvement. Modify street design to minimize noise impact to neighbors.  Policy HS- 8.7. Reduction of Noise from Trucking Operations. Work to carry out noise mitigation measures to diminish noise along Foothill and Stevens Creek Boulevards from the quarry and cement plant trucking operations. These measures include regulation of truck speed, the volume of truck activity, and trucking activity hours to avoid late evening and early morning. Alternatives to truck transport, specifically rail, are strongly encouraged when feasible. (General Plan EIR Policies 6-54, 6- 55, and 6-56)
All future potential projects subject to discretionary review under the proposed Modified Project would be required to be evaluated for noise compatibility, including traffic noise compatibility, similar to the Approved Project. The acoustical analyses potentially triggered by Health and Safety Element policy provisions would include refined evaluation of noise/land use compatibility to more precisely identify the existing ambient noise environment affecting the subject site, typically achieved through conducting baseline noise measurements with a sound level meter, though this can also be achieved in many areas of the city by referring to the General Plan 2040 noise contours (Figures 4.11-1 and 4.11-2 of this EA) and/or Table 4.11-6 or Table 4.11-8 of this EA.
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Sources: ECORP Consulting, Inc. ESRI, Maxar (2022), TIGER, Butte County. 0 Scale (Miles)

1.5 Figure 4.11-2
Future Traffic Noise Contours
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As shown in Table 4.11-8, no city roadway segment would experience an increase of more than 5.0 dBA CNEL over the Approved Project when compared with buildout anticipated under the proposed Modified Project. With implementation of General Plan 2040 policies identified, future development of the proposed Modified Project would not result in new or more severe traffic noise impacts beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

NOI-2 Implementation of the proposed Modified Project would not result in the generation of excessive groundborne vibration or groundborne noise levels.

The General Plan EIR found that without specific development details of projects under the Approved Project, it is not possible to quantify potential construction vibration impacts. Development under both the Approved Project and proposed Modified Project could result in long-term, operations-related vibration impacts to sensitive receptors, if sensitive land uses such as residential, educational facilities, hospitals, or places of worship were to be in close proximity to industrial land uses that could have equipment with the potential to generate significant vibration levels. Despite the potential for vibration impacts from the juxtaposition of sensitive land uses and land uses with the potential to generate vibration, appropriate setbacks, buffers, use restrictions, and/or other measures can largely eliminate these impacts.

Future potential development activities under the proposed Modified Project would occur in a variety of locations throughout the city and may require the use of off-road equipment known to generate some degree of vibration, similar to the Approved Project. Construction activities that generate excessive vibration, such as blasting, would not be expected to occur from future potential development due to the urbanized nature of Cupertino and small number of undeveloped properties, which reduces the likelihood of blasting during construction.

Receptors sensitive to vibration include structures (especially older masonry structures), people (especially residents, the elderly, and the sick), and equipment (e.g., magnetic resonance imaging equipment, high-resolution lithographic, optical, and electron microscopes). Regarding the potential effects of groundborne vibration to people, except for long-term occupational exposure, vibration levels rarely affect human health. Since most construction equipment is moved around a construction site, depending on the specific construction activity, the distance between the equipment and adjacent sensitive receptors varies. Since specific development projects under the proposed Modified Project are unknown, it is conservatively assumed that construction sites could be within 50 feet of sensitive land uses. The primary vibration-generating activities would occur during grading, placement of underground utilities, and construction of foundations. Table 4.11-9, Representative Vibration Source Levels for Construction Equipment, shows the typical vibration levels produced by construction equipment at 50 feet.
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TABLE 4.11-9 REPRESENTATIVE VIBRATION SOURCE LEVELS FOR CONSTRUCTION EQUIPMENT Equipment
Peak Particle Velocity at 50 Feet
(inches per second)
Vibration Level Vibration Velocity at
50 Feet (VdB)
Pile Driver (Impact) 0.225 95
Pile Driver (Sonic) 0.059 84
Vibratory Roller 0.073 85
Hoe Ram 0.031 78
Large Bulldozer 0.031 78
Caisson Drilling 0.031 78
Loaded Trucks 0.026 77
Jackhammer 0.012 70
Small Bulldozer 0.001 49
Source: California Department of Transportation, April 2020, Transportation and Construction Vibration Guidance Manual, https://dot.ca.gov/- /media/dot-media/programs/environmental-analysis/documents/env/tcvgm-apr2020-a11y.pdf, accessed April 11, 2023. Federal Transit Administration, September 2018, Transit Noise and Vibration Impact Assessment, https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-manualfta-report-no-0123_0.pdf.

As identified in Table 4.11-2, Human Reaction and Damage to Buildings from Typical Vibration Levels, the threshold at which there is a risk of architectural damage to historic and some old buildings is 0.25 PPV (in/sec). The threshold at which there is a risk of architectural damage to older residential structures is 0.3 PPV (in/sec). This is also the threshold at which vibrations may begin to feel severe to people in buildings.

The threshold at which there is a risk of architectural damage to new residential structures and modern industrial/commercial buildings is 0.5 PPV (in/sec).

The General Plan EIR found that the Land Use and Community Design (LU) and Health and Safety (HS) Elements contain policies that require local planning and development decisions to consider policy direction for minimizing excessive groundborne vibration or groundborne noise levels. Like the Approved Project, the following General Plan 2040 policies would also serve to minimize adverse vibration impacts under the proposed Modified Project.
 Policy LU-27.8. Protection. Protect residential neighborhoods from noise, traffic, light and visually intrusive effects from more intense development with landscape buffers, site and building design, setbacks, and other appropriate measures. (General Plan EIR Policy 2-6)  Policy HS-8.1. Land Use Decision Evaluation. Use the Land Use Compatibility for Community Noise Environments chart, the Future Noise Contour Map (see Figure D-1 in Appendix D [of the General Plan]) and the City Municipal Code to evaluate land use decisions. (General Plan EIR Policy 6-49) Additionally, Chapter 17.04 of the CMC identifies standard vibration protection requirements that all construction projects must meet. Section 17.04.040(D)(1), Vibration Technical Report Requirements, requires that the project applicant provide the City with a vibration study to determine vibration levels from construction prior to approval of the project, when the following activities would occur within the screening distance to buildings or structures: pile driving within 100 feet, vibratory roller within 25 feet, or other heavy equipment (e.g., bulldozer) within 15 feet; and for historical structures: pile driving within 135 808
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feet, vibratory roller within 40 feet, or other heavy equipment within 20 feet. If vibration levels due to construction activities exceed 0.2 in/sec PPV at nearby buildings or structures, or 0.12 in/sec PPV at historical structures, the project must implement alternative methods/equipment, as described in detail under Section 4.11.1.3, Vibration Fundamentals, of this EA. Furthermore, CMC Section 17.04.050(G)(3), Manage Vibrations During Construction, contains vibration-limiting performance standards that must be implemented in the event pile driving is required.

Adherence to the vibration-reducing measures in the CMC would ensure that vibration reduction is provided to minimize the temporary impact under the proposed Modified Project. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe vibration-related impacts beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

NOI-3 For a project in 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, implementation of the proposed Modified Project would not expose people residing or working in the project area to excessive noise levels.

The General Plan EIR found that the Approved Project was not in 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 and thus would have no impact.

Cupertino receives some aircraft noise from facilities in the region, including San Jose International Airport, Moffett Federal Airfield, and Palo Alto Airport. As previously described, the Santa Clara County Airport Land Use Commission has prepared five comprehensive land use plans to cover all of the public airports in Santa Clara County. The Santa Clara County Airport Land Use Commission is responsible for promoting land use compatibility around the county’s airports to minimize public exposure to excessive noise and safety hazards, and the Commission’s comprehensive land use plans identify noise compatibility zones in the form of airport noise contour graphics that are intended to prevent development that is incompatible with airport operations. The Cupertino city limit does not fall within the identified noise contours of any airport. Therefore, the proposed Modified Project would not result in new or more airport or aircraft noise impacts beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: No impact.

NOI-4 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to noise.

The General Plan EIR addressed cumulative impacts regarding noise, as well as groundborne noise and vibration within the analysis of the Approved Project. Any measurement of sound or ambient noise, whether for the purpose of evaluating land use compatibility, establishing compliance with exterior and 809
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interior noise standards, or determining point-source violations of a noise ordinance, necessarily would incorporate noise from all other nearby perceptible sources. As described in General Plan EIR Impact Discussion NOI-3, transportation-related noise impacts were found to be significant and unavoidable.

Cumulative Construction Noise and Vibration
Construction noise impacts primarily affect the areas immediately adjacent to the construction site.

Development that could occur with implementation of the proposed Modified Project and cumulative development in adjacent cities could be constructed contemporaneously and could result in construction noise levels higher than those of development of under the proposed Modified Project alone at some receptor locations. As described previously, noise levels generated by individual pieces of construction equipment typically range from approximately 74 dBA to 101.3 dBA Lmax at 50 feet and 67.7 dBA to 94.3 dBA Leq at 50 feet. The City of Cupertino has established and enforces noise standards for construction activity. Therefore, while the potential exists for construction projects under the proposed Modified Project and other foreseeable development to occur simultaneously and in proximity to one another, construction equipment operations would operate within the constraints of the CMC and General Plan Health and Safety Element, similar to the Approved Project.

The potential for a cumulative vibration-related damage impact is minimal as vibration impacts are based on instantaneous PPV levels. Thus, worst-case groundborne vibration levels from construction are determined by whichever individual piece of equipment generates the highest vibration levels. Unlike the analysis for average noise levels, in which noise levels of multiple pieces of equipment can be combined to generate a maximum combined noise level, instantaneous peak vibration levels do not combine in this manner. Vibration from multiple construction sites, even if they are close to one another, would not combine to raise the maximum PPV. Therefore, vibration impacts resulting from construction of future development under both the Approved Project and proposed Modified Project would not combine with vibration effects from cumulative projects in the vicinity. Therefore, the proposed Modified Project would not result in new or more cumulative construction noise and vibration impacts beyond what was evaluated in the General Plan EIR.

Cumulative Traffic Noise
Cumulative traffic noise levels throughout Cupertino were modeled based on the traffic volumes identified by Fehr & Peers Transportation Consultants (see Appendix E, Transportation, of this EA) to determine the noise levels along Cupertino roadways under cumulative conditions. Table 4.11-10, Cumulative Roadway Noise Levels, shows the calculated off-site roadway noise levels under cumulative conditions under the Approved Project (Cumulative Plus Approved Project) compared to cumulative conditions plus future buildout of the Modified Project (Cumulative Plus Proposed Modified Project). As previously described, a 5 dBA change is required before any noticeable change in community response is expected. Based on this fact, a significant increase in traffic noise is an increase in the existing ambient noise environment of at least 5 dBA CNEL.
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TABLE 4.11-10 CUMULATIVE ROADWAY NOISE LEVELS
Roadway Segment
CNEL at 50 Feet
Change Significant
Increase?
Distance to CNEL Contour – General Plan
Buildout (feet)
Cumulative
Plus
Approved
Project
Cumulative
Plus
Proposed
Modified
Project
70 dBA 65 dBA 60 dBA 55 dBA
Foothill Boulevard
Between Stevens Creek
Boulevard and
Alpine Drive

68.4 68.4 0 No - 11 ft 350 ft 1,105 ft
Bubb Road
Between Stevens Creek
Boulevard and
Results Way

63.9 64.0 +0.1 No - 40 ft 125 ft 397 ft
Stelling Road
Between Gardena Drive
and Alves Drive 63.8 63.8 0 No - 38 ft 121 ft 383 ft
Between Pepper Tree
Lane and McClellan
Road

63.6 63.6 0 No - - 115 ft 363 ft
Between McClellan
Road and
Orogrande Place

63.2 63.2 0 No - - 104 ft 328 ft
De Anza Boulevard
Between Homestead
Road and I-280 71.8 71.9 +0.1 No 77 ft 243 ft 770 ft 2,434 ft Between Mariani
Avenue and
Lazaneo Drive

72.4 72.5 +0.1 No 89 ft 282 ft 891 ft 2,816 ft
Between Scofield Drive
and Bollinger Road 70.9 71.1 +0.2 No - 202 ft 638 ft 2,018 ft Between Rainbow Drive
and Prospect Road 68.4 68.4 0 No - 110 ft 347 ft 1,096 ft Blaney Avenue
Between Beekman
Place and Wheaton
Drive

59.4 59.4 0 No - - 43 ft 137 ft
Wolfe Road
Between Homestead
Road and I-280
Overpass

68.3 68.3 0 No - 107 ft 339 ft 1,073 ft
Overpass at I-280 71.3 71.3 0 No 68 ft 215 ft 681 ft 2,153 ft Between I-280 Overpass
and Stevens Creek
Boulevard

70.7 70.7 0 No 59 ft 187 ft 591 ft 1,867 ft
Miller Avenue
Between Stevens Creek
Boulevard and
Bollinger Road

65.5 65.5 0 No - 56 ft 177 ft 559 ft
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TABLE 4.11-10 CUMULATIVE ROADWAY NOISE LEVELS
Roadway Segment
CNEL at 50 Feet
Change Significant
Increase?
Distance to CNEL Contour – General Plan
Buildout (feet)
Cumulative
Plus
Approved
Project
Cumulative
Plus
Proposed
Modified
Project
70 dBA 65 dBA 60 dBA 55 dBA
Tantau Avenue
Between Homestead
Road and I-280
Overpass

61.1 61.1 0 No - - 65 ft 205 ft
Lawrence Expressway
Between Stevens Creek
Boulevard and
Mitty Way

74.0 74.0 0 No 126 ft 398 ft 1,258 ft 3,977 ft
Homestead Road
Between Tantau Avenue
and Wolfe Road 66.4 66.4 0 No - 70 ft 221 ft 697 ft
Between Wolfe Road
and Canary Drive 66.8 66.9 +0.1 No - 77 ft 243 ft 769 ft Between Canary Drive
and Franco Court 67.1 67.2 +0.1 No - 82 ft 261 ft 825 ft Between Franco Court
and New
Brunswick Avenue

66.3 66.4 +0.1 No - 70 ft 221 ft 698 ft
Between New
Brunswick Avenue
and Mary Avenue

65.4 65.5 +0.1 No - 56 ft 176 ft 555 ft
Vallco Parkway
Between Tantau Avenue
and Wolfe Road 57.9 56.5 -1.4 No - - - 71 ft
Stevens Creek
Boulevard
Between I-280 and
Tantau Avenue 69.9 70.0 +0.1 No - 157 ft 495 ft 1567 ft Between Tantau and
Portal Avenue 70.3 70.3 0 No - 170 ft 539 ft 1704 ft
Between Portal Avenue
and Randy Lane 68.9 69.0 +0.1 No - 127 ft 401 ft 1268 ft Between Randy Lane
and De Anza
Boulevard

68.6 68.7 +0.1 No - 118 ft 375 ft 1185 ft
Between De Anza
Boulevard and
Stelling Road

69.0 69.0 0 No - 126 ft 399 ft 1263 ft
Between Stelling Road
and Mary Avenue 69.4 69.5 +0.1 No - 142 ft 449 ft 1420 ft Between Orange
Avenue and
Foothill Boulevard

65.8 65.8 0 No - 60 ft 191 ft 603 ft
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TABLE 4.11-10 CUMULATIVE ROADWAY NOISE LEVELS
Roadway Segment
CNEL at 50 Feet
Change Significant
Increase?
Distance to CNEL Contour – General Plan
Buildout (feet)
Cumulative
Plus
Approved
Project
Cumulative
Plus
Proposed
Modified
Project
70 dBA 65 dBA 60 dBA 55 dBA
Bollinger Road
Between Wunderlich
Drive and Miller
Avenue

66.4 66.5 0 No - 70 ft 222 ft 701 ft
Between Miller Avenue
and De Anza
Boulevard

64.9 64.9 0 No - 49 ft 154 ft 488 ft
Source: Traffic noise levels were calculated using the FHWA Highway Noise Prediction Model in conjunction with the trip generation rate identified by Fehr & Peers. Refer to Appendix E, Transportation, of this EA for traffic noise modeling assumptions and results.

As shown in Table 4.11-10, under cumulative conditions, no city roadway segment would experience an increase of more than 5.0 dBA CNEL when comparing the Approved Project to the proposed Modified Project cumulative conditions. Therefore, the proposed Modified Project would not result in new or more cumulative traffic noise impacts beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant. 813
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4.12 POPULATION AND HOUSING
This chapter describes the potential impacts on population and housing associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework, existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential population and housing impacts, and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.

4.12.1 ENVIRONMENTAL SETTING

REGULATORY FRAMEWORK
State Regulations
California Government Code Section 65580
California Government Code Section 65580 to 65589.8 contains California Housing Element Law, which includes provisions related to the requirements for housing elements of local government General Plans.

Among these requirements, some of the necessary parts include an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Additionally, to assure that counties and cities recognize their responsibilities in contributing to the attainment of the State housing goals, this section of the Government Code calls for local jurisdictions to plan for, and allow the construction of, a share of the region’s projected housing needs.

Housing Accountability Act
The Housing Accountability Act (HAA) was passed in 1982 and amended under Assembly Bill 678 and Senate Bill 167 in 2017 with the aim to limit the ability of local government to restrict the development of new housing. Specifically, the HAA prohibits a local agency from disapproving, or conditioning approval in a manner than renders infeasible, a housing development project for very low, low-, or moderate-income households1 or an emergency shelter unless the local agency makes specified written findings based on a preponderance of evidence in the record.

Housing Crisis Act
Senate Bill 330 (SB 330), or the Housing Crisis Act of 2019 aims to address California’s housing shortage by expediting the approval process for housing development of all types, particularly in regions suffering the worst housing shortages and highest rates of displacements. To address the crisis, this bill prohibits some local discretionary land use controls currently in place and generally requires cities to approve all housing developments that comply with current zoning codes and general plans. SB 330 requires that a housing 1 Very low income in Cupertino is defined as income less than $93,200; low income is defined as income between $93,200 to $149,100; and moderate income is defined as $149,100 to $199,200. These three income categories are considered affordable housing.
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development project only be subject to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted, notwithstanding the provisions of the HAA or any other law, subject to certain exceptions.

State Density Bonus Law
The State Density Bonus Law (California Government Code Sections 65915 to 65918) encourages the development of housing, by allowing up to a 50 percent increase in project densities for projects that generate at least 5 new units, depending on the amount of affordable housing incorporated into the project. Cities and counties are required to grant a density bonus (market rate units in exchange for affordable units included in a project), waivers (the ability to not have to meet a particular development standard that would preclude the project from being built as designed), incentives or concessions (the ability to not have to comply with certain requirements if it saves the project money), and a reduction of parking standards to housing projects which comply with certain factors. The City of Cupertino has adopted a similar ordinance into the Cupertino Municipal Code to comply with the State Density Bonus in Section 19.56, Density Bonus.

Assembly Bill 1397
California’s AB 1397 amended Sections 65580, 65583, and 65583.2 of the Government Code, relating to housing by revising what could be included in a local government’s inventory of land suitable for residential development. AB 1397 changed the definition of land suitable for residential development to increase the number of multifamily sites. Identified sites must be “available” and “suitable” for residential development and have a “realistic and demonstrated potential” for redevelopment during the planning period. In addition, AB 1397 requires housing element inventory sites to be 0.5 acre to 10 acres, have sufficient infrastructure, or be included in a program to provide such infrastructure, to support and be accessible for housing development. The local government must specify the realistic unit count for each site and whether it can accommodate housing at various income levels.

Senate Bill 166
SB 166 (2017) requires a local government to ensure that its housing element inventory can accommodate its share of the regional housing need throughout the planning period. It prohibits them from reducing, requiring, or permitting the reduction of the residential density to a lower residential density than what was used by the California Department of Housing and Community Development for certification of the housing element, unless the city or county makes written findings supported by substantial evidence that the reduction is consistent with the adopted general plan, including the housing element. In such cases, any remaining sites identified in the housing element update must be adequate to accommodate the jurisdiction’s share of the regional housing need. A local government may reduce the residential density for a parcel only if it identifies sufficient sites remaining within the housing element as replacement sites, so that there is no net loss of residential unit capacity. 815
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Regional Regulations
Association of Bay Area Governments (ABAG)
The Association of Bay Area Governments (ABAG) is the comprehensive regional planning agency and council of governments for the nine-county San Francisco Bay Area Region. Its members include the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma counties and 101 cities and towns of the San Francisco Bay region.

ABAG determines the distribution of affordable housing in the region through its Regional Housing Needs Allocation process. For the period from 2023 to 2031, HCD has identified a need of more than 441,000 housing units in the Bay Area, more than double the amount from the last eight-year cycle (187,000 units between 2015 and 2023). Housing needs are distributed for very low income, low income, moderate income, and above moderate households.2
As described in Chapter 3, Project Description, of this EA, jurisdictions in the Bay Area are currently updating their housing elements for the 6th Cycle, representing the eight-year planning period from 2023 to 2031. ABAG adopted the Final Regional Housing Needs Assessment (RHNA) Plan for the region in December 2021.
3 The Cupertino RHNA is 4,588 units, distributed among four income categories. The City’s Housing Element must plan for housing that meets this RHNA, plus an appropriate buffer.

Plan Bay Area
Plan Bay Area is a joint regional planning document prepared jointly by ABAG and the Metropolitan Transportation Commission (MTC) that utilizes a multipronged strategy to address housing affordability, transportation requirements, the region’s widening income disparities and economic hardships faced by low- and middle-income workers, and the Bay Area’s vulnerabilities to natural disasters such as earthquakes and floods. Three principal issues form the core of the Action Plan:
 Housing: Lower the share of income spent on housing and transportation costs, lessen displacement risk, and increase the availability of housing affordable to low- and moderate-income households.  Economic Development: Improve transportation access to jobs, increase middle wage job creation, and maintain the region’s infrastructure.
 Resilience: Enhance climate protection and adaptation efforts, strengthen open space protections, create healthy and safe communities, and protect communities against natural hazards.

As described previously, based on the RHNA allocations for housing units from ABAG and the City, Cupertino must update their housing element to show the proposed allocations of housing. While the RHNA focuses on the eight-year cycle, Plan Bay Area focuses also on the long-term vision for growth 2 Association of Bay Area Governments & Metropolitan Transportation Commission (ABAG & MTC). 2021. Plan Bay Area 2050. Adopted October 21, 2021. https://www.planbayarea.org/digital-library/plan-bay-area-2050. 3 Association of Bay Area Governments & Metropolitan Transportation Commission (ABAG & MTC). 2021. Plan Bay Area 2050. Adopted October 21, 2021. https://www.planbayarea.org/digital-library/plan-bay-area-2050. 816
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through 2040. In October 2021, ABAG and MTC adopted an updated plan; Plan Bay Area 2050. 4 While the
plan has been adopted, it will take up to three years for the plan’s growth forecast to be integrated into MTC’s transportation model, after which updates to each county’s transportation model will take place.

For these reasons, and for purposes of this SEIR, Plan Bay Area 2040 is the regional plan that forms the basis for population, housing, and employment projections in this SEIR.

Local Regulations
General Plan 2040
The proposed Land Use and Community Design (LU), Housing (HE), Mobility (M), Environmental Resources (ES), Infrastructure (INF), and Recreation, Parks, and Community Service (RPC) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to population and housing including unplanned population growth, displacement, and indirect impacts. Applicable policies and strategies that would minimize potential adverse impacts related to population and housing are identified in Section 4.12.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) serves as the implementation tool for the General Plan and Housing Element in that it includes various directives to minimize adverse impacts to population and housing in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to population and housing are included in Title 19, Zoning, as follows:
 Title 19, Zoning. This section of the municipal code sets forth the City’s Zoning Ordinance, the primary purpose of which is “to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare.” The City of Cupertino Zoning Ordinance is the mechanism used to implement the land use goals, objectives, and policies of the General Plan and to regulate all land use within the City. The Zoning Ordinance describes Zoning designations and contains the Zoning Map and development standards for the Zoning designations.
 Section 19.116, Conversions of Apartment Projects to Common Interest Developments. This section regulates the conversion of apartments and other forms of rental housing units to condominiums and other common interest developments in order to provide for the housing needs of all economic segments of the community to ensure that such conversions do not conflict with the goals or policies of the General Plan of the City of Cupertino. It also ensures tenant and buyer protection is provided relating to displacement and relocation of renters.

EXISTING CONDITIONS
Since the certification of the General Plan EIR, new projections have come out detailing the regional growth in Cupertino and the surrounding area. Table 3-8, Proposed 2040 Buildout Projections, in Chapter 4 Association of Bay Area Governments & Metropolitan Transportation Commission (ABAG & MTC). 2021. Plan Bay Area 2050. Adopted October 21, 2021. https://www.planbayarea.org/digital-library/plan-bay-area-2050. 817
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3, Project Description, of this EA, compares the growth analyzed in the General Plan EIR to the projected growth since the adoption of the General Plan.

Chapter 4.11, Population and Housing, of the General Plan EIR, addresses the impacts to population growth and displacement associated with buildout of the General at a program level. The setting for population and housing is described in the General Plan EIR Section 4.11.1, Existing Conditions.

As shown in Table 3-8 and described in Chapter 3, Project Description, of this EA, the proposed Modified Project would introduce approximately 9,737 new residents5 to Cupertino. Any additional units that exceed what is evaluated in this EA would require additional CEQA review. These new residents combined with existing conditions would result in 81,037 residents, 29,132 housing units, and 44,242 jobs. As described in the General Plan EIR, according to ABAG, Cupertino’s projected 2040 buildout was 71,300 residents, 25,820 housing units, and 44,242 jobs.

4.12.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant population impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
POP-1. Induce substantial unplanned 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?

LTS LTS
POP-2. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? LTS LTS
POP-3. Result in a cumulatively considerable impact with respect to population and housing? LTS LTS
Note: In December 2018, amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines after the certification of the General Plan EIR in 2015. Some of the questions have been added, modified, or removed, while others have been relocated to different chapters of this EA. Revisions were made to consolidate the questions in the General Plan EIR (POP-2 and POP-3) regarding the displacement of substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere displacement. This issue is now only addressed in POP-2 of this EA.

Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

4.12.3 IMPACT DISCUSSION
POP-1 Implementation of the proposed Modified Project would not induce substantial unplanned 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).
5 Population is calculated by applying the City’s generation rate used in the General Plan EIR of 2.94 persons per household (2,952 dwelling units x 2.94 persons per unit = 7,620 additional population). 818
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As described in the General Plan EIR, a project would result in a significant impact related to population growth if it would lead to substantial unplanned growth either directly or indirectly. The Approved Project was a broad, high-level plan and no specific projects were proposed and therefore, the Approved Project would not result in direct growth; however, implementation of the Approved Project would facilitate growth in the City of Cupertino through 2040. The planned growth under the Approved Project would occur incrementally over approximately 26 years guided by the regulations listed in General Plan EIR Section 4.11.1.1, Regulatory Framework, and unplanned growth would not be induced under the Approved Project.

Like the Approved Project, potential future development under the proposed Modified Project would be concentrated on a limited number of parcels and in the form of infill/intensification on sites either already developed, underutilized, and/or in close proximity to existing residential and residential-serving development. The proposed Modified Project would add additional housing opportunity sites to account for the City’s predicted growth. Updates to City planning documents under the proposed Modified Project would ensure that there would be adequate planning for the additional growth.

The General Plan EIR also found that the Land Use and Community Design (LU), Housing (HE), Mobility (M), Environmental Resources (ES), Infrastructure (INF), and Recreation, Parks, and Community Service (RPC) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on population growth. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize unplanned population growth:
 Strategy LU-1.3.2. Public and Quasi- Public Uses. Review the placement of public and quasi-public activities in limited areas in mixed-use commercial and office zones when the following criteria are met:

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PLACEWORKS 4.12-7
 Strategy LU- 9.1.3. Economic Development and Business Retention. Encourage new businesses and retain existing businesses that provide local shopping and services, add to municipal revenues, contribute to economic vitality and enhance the City’s physical environment.  Strategy LU-13.7.3. Connectivity. Properties within a block should be inter-connected with shared access drives. Provide pedestrian paths to enhance public access to and through the development.

New development, particularly on corner lots, should provide pedestrian and bicycle improvements along side streets to enhance connections to surrounding neighborhoods. (General Plan EIR Policy 2- 2)
 Policy LU-18.2. South Vallco. Retain and enhance the South Vallco area as a mixed-use retail, office and residential district with a pedestrian oriented, downtown atmosphere. (General Plan EIR Policy 2- 23)
 Policy LU-23.1. Conceptual Plan. Create a conceptual plan for the Homestead Road Special Area with a cohesive set of land use and streetscape regulations and guidelines. (General Plan EIR Policy 2-24)  Policy LU-25.1. Conceptual Plan. Continue to govern Monta Vista’s commercial area through the Monta Vista Design Guidelines. The guidelines provide direction for architecture, landscaping and public improvements. Create a Monta Vista Village Conceptual Plan to with a cohesive set of updated regulations and guidelines for this area. (General Plan EIR Policy 2-30)  Policy LU-27.1. Compatibility. Ensure that new development within and adjacent to residential neighborhoods is compatible with neighborhood character. (General Plan EIR Policy 2-19)  Strategy LU-27.1.1. Regulations. Maintain and update design regulations and guidelines for single family development that address neighborhood compatibility and visual and privacy impacts. (General Plan EIR Policy 2-8)
 Strategy LU-27.1.4. Late Night Uses. Discourage late-evening entertainment activities such as nightclubs in commercial areas where parcels are especially narrow, abut single- family residential development, and cannot adequately provide visual and noise buffers. (General Plan EIR Policy 2-36)  Policy LU-27.2. Relationship to the Street. Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods by providing inviting entries, stoops and porches along the street frontage, compatible building design and reducing visual impacts of garages. (General Plan Policy 2-17)
 Policy LU- 27.6. Multi-Family Residential Design. Maintain an attractive, livable environment for multifamily dwellings. (General Plan Policy 2-17)  Strategy LU- 27.6.1. Provision of Outdoor Areas. Provide outdoor areas, both passive and active, and generous landscaping to enhance the surroundings for multi-family residents. Allow public access to the common outdoor areas whenever possible. (General Plan Policy 2-17)  Policy HE-1.1. Provision of Adequate Capacity for New Construction Need. Designate sufficient land at appropriate densities to accommodate Cupertino’s Regional Housing Needs Allocation of 4,588 units for the 2023-2031 planning period. (General Plan EIR Policy 1)  Policy HE-1.2. Housing Densities. Provide a full range of densities for ownership and rental housing. (General Plan EIR Policy 2)
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 Policy HE-1.3. Mixed-Use Development. Encourage mixed-use development near transportation facilities and employment centers. (General Plan EIR Policy 3)  Strategy HE- 1.3.2. Rezoning to Achieve RHNA. To ensure that the City has sufficient sites zoned appropriately to achieve the City’s Regional Housing Needs Allocation (RHNA), rezone sites listed in Table B4-7 and B4-9 (Appendix B4). The rezone will include 33.52 acres of residential land that will allow for a realistic capacity of 1,917 units, and 32.67 acres of commercial/residential land that will allow for a realistic capacity of 1,772 units.

The City will ensure compliance with Government Code Sections 65583 (c)(1) and 65583.2(h) and 65583.2(i), as listed below.
 Permit owner-occupied and rental multifamily uses by right and not require a conditional use permit or other discretionary review or approval for developments in which 20 percent or more of the total units are affordable to lower-income households.  Ensure that each site can accommodate development of at least 16 units per site and require that all residential development achieve a minimum density of 20 dwelling units per acre on sites designated for lower income housing. Ensure (a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or (b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed uses, all sites designated for mixed uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.
 Ensure sites will be available for development during the planning periods where water and sewer can be provided.
 Policy HE-2.1. Housing Mitigation. Ensure that all new developments, including market-rate residential developments, help mitigate project-related impacts on affordable housing needs. (General Plan EIR Policy 4)
 Policy HE-2.2. Range of Housing Types. Encourage the development of diverse housing stock that provides a range of housing types (including smaller, moderate-cost housing) and affordability levels.

Emphasize the provision of housing for lower- and moderate-income households, including wage earners who provide essential public services (e.g., school district employees, municipal and public safety employees, etc.). (General Plan EIR Policy 5)
 Policy HE-2.3. Development of Affordable Housing and Housing for Persons with Special Needs. Make every reasonable effort to disperse units throughout the community but not at the expense of undermining the fundamental goal of providing affordable units. (General Plan EIR Policy 6)  Policy HE-3.1. Housing Rehabilitation. Pursue and/or provide funding for the acquisition/rehabilitation of housing that is affordable to very low-, low-, and moderate-income households. Actively support and assist nonprofit and for-profit developers in producing affordable units. (General Plan EIR Policy 7)  Policy HE-3.2. Maintenance and Repair. Assist lower-income homeowners and rental property owners in maintaining and repairing their housing units. (General Plan EIR Policy 8)  Policy HE-3.3. Conservation of Housing Stock. The City’s existing multifamily units provide opportunities for households of varied income levels. Preserve existing multifamily housing stock, 821
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including existing duplexes, triplexes, and fourplexes, by preventing the net loss of multifamily housing units upon remodeling, with new development and the existing inventory of affordable housing units that are at risk of converting to market-rate housing. (General Plan EIR Policy 9)  Policy HE-4.1. Energy and Water Conservation. Encourage energy and water conservation in all existing and new residential development. (General Plan EIR Policy 10)  Policy HE-6.1. Housing Discrimination. The City will work to eliminate on a citywide basis all unlawful discrimination in housing with respect to age, race, sex, sexual orientation, marital or familial status, ethnic background, medical condition, or other arbitrary factors, so that all persons can obtain decent housing. (General Plan EIR Policy 12)
 Policy M-2.2. Adjacent Land Use. Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and sidewalks to complement adjacent land uses in keeping with the vision of the Planning Area. Strive to minimize adverse impacts and expand alternative transportation options for all Planning Areas (Special Areas and Neighborhoods). Improvement standards shall also consider the urban, suburban and rural environments found within the city. (General Plan EIR Policy 4- 10)
 Policy M-2.4. Community Impacts. Reduce traffic impacts and support alternative modes of transportation rather than constructing barriers to mobility. Do not close streets unless there is a demonstrated safety or overwhelming through traffic problem and there are no acceptable alternatives since street closures move the problem from one street to another. (General Plan EIR Policy 4-14)
 Policy M-9.1. Efficient Automobile Infrastructure. Strive to maximize the efficiency of existing infrastructure by locating appropriate land uses along roadways and retrofitting streets to be accessible for all modes of transportation. (General Plan EIR Policy 4-2)  Policy M-9.3. Street Width. Except as required by environmental review for new developments, limit widening of streets as a means of improving traffic efficiency and focus instead on operational improvements to preserve community character. (General Plan EIR Policy 4-2)  Policy ES- 1.2. Regional Growth and Transportation Coordination. Coordinate with local and regional agencies to prepare updates to regional growth plans and strategies, including the Regional Housing Allocation Needs Allocation (RHNA), One Bay Area Plan, Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS). (General Plan Policy 5-2)  Strategy ES-1.2.1. Local Plan Consistency with Regional Plans. Update and maintain local plans and strategies so they are consistent with One Bay Area Plan to qualify for State transportation and project CEQA streamlining. (General Plan EIR Policy 5-2, Strategy 1)  Strategy INF- 1.1.2. Design Capacity. Ensure that public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over-sizing of infrastructure to avoid fiscal impacts or impacts to other goals. (General Plan Policy 7-4)
 Strategy INF-1.4.2. Future Infrastructure Needs. For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels. (General Plan Policy 7-4)
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 Policy INF- 2.4. Undergrounding Utilities. Explore undergrounding of utilities through providers, public projects, private development and agency funding programs and grants. (General Plan Policy 7-4)  Policy RPC-2.4. Connectivity and Access. Ensure that each home is within a half-mile walk of a neighborhood park or community park with neighborhood facilities; ensure that walking and biking routes are reasonably free of physical barriers, including streets with heavy traffic; provide pedestrian links between parks, wherever possible; and provide adequate directional and site signage to identify public parks. (General Plan EIR Policy 2-84)
As described in Chapter 4.12.1.2, Existing Conditions, of this EA, the proposed Modified Project would increase the projected growth that was accounted for in the General Plan EIR by an additional 9,737 people. Implementation of the proposed Modified Project itself would not result in indirect, substantial unplanned population growth in the Study Area and would instead result in planned growth and serve as the overriding policy document that plans for such growth. Additionally, all potential future development would be required to provide site-specific infrastructure improvements and to pay any project-specific impact fees, and as with the development assessed in the General Plan EIR, development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe unplanned population growth beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

POP-2 Implementation of the proposed Modified Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.

Displacement is typically considered substantial in cases where major development, such as a freeway or a large-scale redevelopment, would result in the displacement of large amounts of existing housing, such that the construction of replacement housing is necessary. The General Plan EIR concluded that the Approved Project would result in a net increase in housing units, which would not result in the displacement of housing; therefore, construction of replacement housing elsewhere is not needed.

The buildout under the proposed Modified Project is expected to result in an increase of 3,312 housing units beyond what was evaluated in the General Plan EIR. The locations of potential future development under the proposed Modified Project would be in similar areas as those of the Approved Project and would be concentrated on a limited number of parcels and in the form of infill/intensification on sites either already developed, underutilized, and/or in close proximity to existing residential and residentialserving development in already urbanized areas. The proposed Modified Project does not call for any large-scale development that would be considered to result in substantial displacement of existing housing. To further address displacement, the Housing Element (HE) includes Strategy HE-1.1.1, Replacement Housing: To facilitate place-based revitalization for households at risk of displacement due to new development, the City will require replacement housing units subject to the requirements of Government Code, Section 65915(c)(3), on sites identified in the site inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or 823
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restricted for the use of lower-income households at any time during the previous five years. This requirement applies to non-vacant sites and vacant sites with previous residential uses that have been vacated or demolished.

As with the development assessed in the General Plan EIR, development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts from displacing substantial numbers of existing people or housing beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

POP-3 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to population and housing.

As described in the General Plan EIR, the growth projected by the Approved Project in the Cupertino city limit and Sphere of Influence (SOI) was accounted for, in combination with impacts from projected growth in the rest of Santa Clara County and the surrounding region, as forecast by ABAG. Since the Approved Project would not induce a substantial amount of growth that has not been adequately planned for or require the construction of replacement housing elsewhere, cumulative growth would be consistent with regional planning efforts.

Like the Approved Project, the proposed Modified Project would also not induce a substantial amount of growth that has not been adequately planned for or require the construction of replacement housing elsewhere. Thus, cumulative growth would be consistent with regional planning efforts. Therefore, the proposed Modified Project would not result in new or more severe cumulatively considerable impacts with respect to population and housing beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant. 824
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4.13 PUBLIC SERVICES AND RECREATION
This chapter describes the potential impact on public services associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework and baseline conditions, identifies criteria used to determine impact significance, provides an analysis of the potential public service impacts, and identifies General Plan 2040 policies that could minimize any potentially significant impacts.

4.13.1 FIRE PROTECTION SERVICES

ENVIRONMENTAL SETTING
Regulatory Framework
State Regulations
California Building Code
The State of California provides a minimum standard for building design through Title 24, Part 2 of the California Code of Regulations (CCR), commonly referred to as the California Building Code (CBC). The CBC is currently updated every three years. It is generally adopted on a jurisdiction-by-jurisdiction basis, subject to further modification based on local conditions. Commercial and residential buildings are planchecked by City building officials for compliance with the CBC. Sections 13000 et seq. of the California Health and Safety Code include fire regulations for building standards (also in the CBC), fire protection and notification systems, fire protection devices such as extinguishers and smoke alarms, high-rise building and childcare facility standards, and fire suppression training. The newest edition of the California Building Standards Code is the 2022 edition with an effective date of January 1, 2023.

California Fire Code
The California Fire Code (CFC) incorporates, by adoption, the International Fire Code of the International Code Council, with California amendments. The CFC is found in Title 24 of the CCR, Part 9, and, like the CBC, it is revised and published every three years by the California Building Standards Commission. The CFC is effective statewide, but a local jurisdiction may adopt more restrictive standards based on local conditions. The CFC is a model code that regulates minimum fire safety regulations for new and existing buildings, facilities, storage, and processes, including emergency planning and preparedness, fire service features, fire protection systems, hazardous materials, fire flow requirements, and fire hydrant locations and distribution. Typical fire safety requirements include installation of sprinklers in all buildings; the establishment of fire-resistance standards for fire doors, building materials, and particular types of construction; and the clearance of debris and vegetation within a prescribed distance from occupied structures in wildfire hazard areas.
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Unified Hazardous Waste and Hazardous Materials Management Program The routine management of hazardous materials in California is administered under the Unified Hazardous Waste and Hazardous Materials Management Program (Unified Program). Cupertino’s hazardous materials programs are administered and enforced under the Unified Program. The California Environmental Protection Agency has granted the City’s responsibilities to the County of Santa Clara, Hazardous Materials Compliance Division, including implementation and enforcement of hazardous material regulations under the Unified Program as a Certified Unified Program Agency (CUPA).

Applicable policies and strategies that would minimize potential adverse impacts to fire protection services are identified in Section 4.13.1.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives pertaining to minimize fire protection services in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to aesthetics and visual character are included in Title 16, Buildings and Construction. Title 16 adopts the 2022 California Building Code, 2022 CFC, and the 2021 International Fire Code for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain codes which contain building standards, and fire safety standards. Several local amendments to the CFC have been adopted in the CMC, including requirements for properties in the wildland-urban interface, fire apparatus access roads, hazardous and corrosive materials, and requirements for hydrant upgrades. The Santa Clara County Fire Department typically calculates required fire flow in accordance with Uniform Fire Code guidelines. Peak-load requirements vary based on building construction, size, type, and location, and may be modified by the addition of fire alarm or sprinkler systems.

Emergency Operations Plan
Adopted in 2019, the Emergency Operations Plan describes the incident management organization for Cupertino. The purpose of this plan is to maximize the safety of the public, to minimize property and environmental damage, and ensure the continuity of government. This plan allows the city to have an effective response to a variety of emergencies across internal departments throughout the city and external agencies such as Santa Clara County and surrounding jurisdictions.

Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan Environmental Impact Report (EIR), addresses the impacts to fire protection services associated with buildout of General Plan 2040 at a program level. The setting for fire protection services is described in General Plan EIR Section 4.12.1.2, Existing Conditions. The district has 15 fire stations and has increased daily staffing to 66 firefighters and 827
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339 total employees. The stations described in the General Plan EIR remain the three fire stations within the city limit. In 2023, SCCFD received 21,740 total calls with 62 percent of them being for emergency medical services. There were 4,000 calls that came from Cupertino. Presently, response time goals are being met. 1,2

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant impact to fire protection services if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
PS-1. Result in the need for new or physically altered fire protection and emergency medical facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios, response times, or other performance objectives?

LTS LTS
PS-2. Result in significant cumulative impacts with respect to fire protection services? LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
PS-1 Implementation of the proposed Modified Project would not result in the need for new or physically altered fire protection and emergency medical facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios, response times, or other performance objectives.

The General Plan EIR found that the implementation of the Approved Project would not result in the need for the construction of new or physically altered fire protection facilities. The General Plan EIR concludes that the project would bring as many as 12,998 new residents to Cupertino by 2040 and based on the 2010-2014 SCCFD Business Plan and Strategic Plan, the SCCFD has adequate facilities and equipment for the added residents.

Implementation of the proposed Modified Project would add an additional 9,737 people to the Study Area. There are currently three SCCFD fire stations in the Study Area and therefore the Study Area may require new or expanded facilities with the implementation of the proposed Modified Project. However, the projected buildout would occur over a 15-year horizon, and would result in a gradual increase in demand for fire protection services that would be accommodated by the SCCFD, like under the Approved Project. The 2023-2027 SCCFD Strategic Plan serves as a comprehensive vision that provides strategies for accommodating future growth through the identification of goals and objectives aimed at improving existing fire protection and emergency medical services, as well as to ensure future fire protection and emergency medical services are adequate to accommodate growth. Strategic Goal 2: Anticipate And 1 Email communications between Jacqueline Protsman Rohr (PlaceWorks) and Chief Hector Estrada, Deputy Chief of Fire Prevention, Santa Clara County Fire Department, April 8, 2024. 2 Santa Clara County Fire Department 2023 Annual Report, https://www.sccfd.org/wpcontent/uploads/2024/03/2023.3.18_SCCFD_Annual-Report_FINAL-WEB.pdf, accessed on April 9, 2024. 828
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Mitigate the Effects Of Increased Service Demands Within The Community While Navigating Economic And Community Uncertainty serves to address fire protection and emergency medical services with the following strategy:
 Strategic Objective 2.3: Prepare for Jurisdictional Population Growth  Maintain the annual growth rate of structure fires at or below the annual population growth rate.  Maintain the annual growth rate of EMS calls at or below the annual population growth rate.  Develop a contingency plan for fire district growth.
 Develop a contingency plan for additional contracting jurisdictions.  Plan for new facilities that align with projected staffing levels, as reflected in the five-year Capital Improvement Plan.
 Participate in updates to city and county General Plans.  Update succession planning and professional development policies.  Explore alternative deployment models for high call-volume times and locations.

The General Plan EIR also found that the Health and Safety (HS) Element contains policies and strategies that require local planning and development decisions to consider impacts that development could have on fire protection resources. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize the need for new or physically altered fire protection and emergency medical facilities:
 Policy HS- 3.1. Regional Coordination. Coordinate wildland fire prevention efforts with adjacent jurisdictions. Encourage the County and the Midpeninsula Open Space District to implement measures to reduce fire hazards, including putting into effect the fire reduction policies of the County Public Safety Element, continuing efforts in fuel management, and considering the use of “green” fire break uses for open space lands. (General Plan EIR Policies 6-4 and 6-8)  Policy HS- 3.2. Early Project Review. Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire Department input and modifications as needed. (General Plan EIR Policy 6-13)
 Policy HS- 3.3. Emergency Access. Ensure adequate emergency access is provided for all new hillside development.
 Strategy HS- 3.3.3. Hillside Access Routes. Require new hillside development to have frequent grade breaks in access routes to ensure a timely response from fire personnel. (General Plan EIR Policy 6- 15).
 Strategy HS- 3.3.4. Hillside Road Upgrades. Require new hillside development to upgrade existing access roads to meet Fire Code and City standards. (General Plan EIR Policy 6-16)  Policy HS- 3.5. Commercial and Industrial Fire Protection Guidelines. Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses. (General Plan EIR Policy 6-9)
 Policy HS- 3.6. Commercial and Industrial Fire Protection Guidelines. Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses.  Policy HS- 3.7. Multi-Story Buildings. Ensure that adequate fire protection is built into the design of multi-story buildings and require on-sire fire suppression materials and equipment. (General Plan EIR Policy 6-11)
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 Policy HS- 3.8. Extension of Water Service. Encourage the water companies to extend water service into the hillside and canyon areas and encourage cooperation between water utility companies and the Fire Department in order to keep water systems in pace with growth and firefighting service needs. (General Plan EIR Policy 6-20 and Policy 6-21)
Similar to the Approved Project, the proposed Modified Project would increase demand on fire protection services, but growth would most likely occur incrementally over the lifetime of both the Approved and proposed Modified Projects. It would be unlikely that the magnitude of increased demands as a result of the full buildout potential of the proposed Modified Project would be placed on facilities immediately at the time of adoption. SCCFD examines project impacts on a case-by-case basis to determine the need for expanded facilities or to hire more staff. Future construction of new or expanded fire stations would be subject to separate project-level CEQA review in order to identify potential environmental impacts and mitigation measures as needed, would also be subject to the mitigation measures contained throughout this EA, would be subject to the proposed Modified Project policies and strategies, and would be required to comply with CMC Section 17.04, Standard Environmental Protection Requirements, to reduce potential environmental impacts. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in need for new or physically altered fire protection and emergency medical facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant
PS-2 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to fire protection services.

The General Plan EIR considered growth from development under the Approved Project with the estimated growth in the service area of the SCCFD, which includes the cities of Campbell, Los Altos, Monte Sereno, Saratoga, and towns of Los Altos Hills and Los Gatos, and adjacent unincorporated areas. A significant cumulative environmental impact would result if this cumulative growth would exceed the ability of SCCFD to adequately serve their service area, thereby requiring construction of new facilities or modification of existing facilities. The SCCFD provides services to other neighboring cities, and they confirmed that growth under the Approved Project would be adequately served by existing staff, equipment, and facilities. 3
As described, the proposed Modified Project would not create an immediate need for new or physically altered facilities for SCCFD to provide fire protection services to its service area. Compliance with State and local laws, such as the General Plan 2040 policies listed in Impact Discussion PS-1, would ensure that fire protection services are adequate as future development is proposed as a result of implementation of the proposed Modified Project. The SCCFD provides services to other neighboring cities, and they have confirmed that future growth under the proposed Modified Project would be adequately served by existing staff, equipment, and facilities. Based on these considerations, the proposed Modified Project 3 Personal communication between Ricky Caperton (PlaceWorks) and Cheryl Roth of the Santa Clara County Fire Department on April 24, 2014.
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would not result in a cumulatively considerable contribution impact related to the construction of other fire services beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.13.2 POLICE PROTECTION SERVICES
This section describes regulations, resources, and response times for police law enforcement that apply to the proposed Modified Project.

ENVIRONMENTAL SETTING
Regulatory Framework
This section summarizes key State and local regulations related to police protection services, concerning the proposed Modified Project. There are no federal or State regulations pertaining to police protection that apply to the proposed Modified Project.

Local Regulations
General Plan 2040
The Health and Safety (HS) Element of the General Plan 2040 contains goals, policies, and strategies that require local planning and development decisions to consider impacts to police protection and emergency services. Applicable policies and strategies that would minimize potential adverse impacts to police protection services are identified in Section 4.13.2.3, Impact Discussion.

Municipal Code
The CMC includes various directives pertaining to police protection services. Most of the provisions related to police services are located within Chapter 10.26, Regulation of Police Alarm Systems and Devices, and Chapter 2.30, Code Enforcement Officer.
 Chapter 2.30, Code Enforcement Officer. This chapter establishes the code enforcement officer and the powers they have, especially pertaining to arresting a person without a warrant.  Chapter 10.26, Regulation of Police Alarm Systems and Devices. This chapter establishes regulations governing police alarm systems and devices used within the City along with service charges in the event of repeated false alarms.

Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addresses the impacts to law enforcement services associated with buildout of the General Plan 2040 at a program level. The setting for Public Services as it relates to police protection services is described in General Plan EIR Section

4.12.2.1, Existing Conditions. Cupertino is still served by the Santa Clara County Sheff’s Office West Valley Division. Of the 1,429 sworn personnel in the office, there are 28 deputies allotted to the City. Four 831
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deputies are assigned to traffic enforcement, two deputies are School Resource Officers, one additional deputy handles all the enforcement incidents that arise at the schools. The remaining 21 deputies perform routine patrol functions, 24 hours a day.4

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant public services impact if it would:

Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
PS-3. Result in the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios, response times, or other performance objectives?

LTS LTS
PS-4. Result in significant cumulative impacts with respect to police protection services? LTS LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
PS-3 Implementation of the proposed Modified Project would not result in the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios, response times, or other performance objectives.

The General Plan EIR concluded that implementation of the Approved Project would bring as many as 12,998 new residents to Cupertino by 2040. Additionally, it is anticipated that implementation of the Approved Project could result in 4,421 units and 16,855 jobs. However, the West Valley Patrol Division confirmed that future development under General Plan 2040 would not result in the need for expansion or addition of facilities.
5 Additionally, the Santa Clara County Sheriff’s Office (Sheriff’s Office) confirmed that while the standard service contract is based on a set number of hours for deputies and reserve deputies, buildout under the General Plan throughout the 26-year horizon would not substantially result in an increase in the number of contracted hours as a result of potential increase in calls for police protection services.

Implementation of the proposed Modified Project would add an additional 9,737 people to the Study Area. The projected buildout would occur over a 15-year horizon, which would result in a gradual increase in demand for police protection and emergency services that would be accommodated by the Sheriff’s Office and West Valley Patrol Division, like under the Approved Project. According to the Captain Neil Valenzuela, West Valley Patrol Division of the Office of the Sheriff, an increase in population under the proposed Modified Project would increase the calls for service and require an additional 20 deputies to 4 City of Cupertino website, Cupertino.org, Sheriff’s Office, accessed July 14, 2023. 5 Personal communications between PlaceWorks and Captain Ken Binder, Division Commander, West Valley Patrol, April 11, 2014.
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properly support public safety efforts for the anticipated population growth of 9,737 residents.6 Additional staffing may require an increase in equipment and office space, which may require relocation of the substation. However, the existing substation is a leased space, and therefore it is likely that an expanded space would also be leased and therefore not result in construction of a new facility that would cause significant environmental impacts.

The General Plan EIR also found that the Health and Safety (HS) Element contains policies and strategies that require local planning and development decisions to consider impacts that development could have on police protection resources. Like the Approved Project, the following existing General Plan 2040 policies and strategy, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize need for new or physically altered police protection and emergency medical facilities:
 Policy HS- 4.1. Neighborhood Awareness Programs. Continue to support the Neighborhood Watch Program and others similar programs intended to help neighborhoods prevent crime through social interaction. (General Plan EIR Policy 6-22)
 Policy HS- 4.2. Crime Prevention through Building and Site Design. Consider appropriate design techniques to reduce crime and vandalism when designing public spaces and reviewing development proposals. (General Plan EIR Policy 6-24)
 Policy HS- 4.3. Fiscal Impacts. Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land use mixes. (General Plan EIR Policy 6-25)  Strategy HS- 4.2.2. Development Review. Continue to request County Sheriff review and comment on development applications for security and public safety measures. (General Plan EIR Policy 6-26) As with the development assessed in the General Plan EIR, development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in need for new or physically altered police protection facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant
PS-4 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to police services.

The General Plan EIR takes into account growth projected by the General Plan in the Cupertino city limit and Sphere of Influence (SOI), in combination with impacts from projected growth in the rest of Santa Clara County and the surrounding region, as forecast by the Association of Bay Area of Governments (ABAG). Cumulative impacts were considered in the context of the growth from development under the General Plan within the city, combined with the estimated growth in the service areas of the Santa Clara County Sheriff’s Department, including the cities of Los Altos Hills, Saratoga, and unincorporated areas of 6 Email communications between Jacqueline Protsman Rohr (PlaceWorks) and Captain Neil Valenzuela, West Valley Patrol Division, Office of the Sheriff, February 27, 2024.
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Santa Clara County. A significant cumulative environmental impact would result if this cumulative growth would exceed the ability of the Sheriff’s Department to adequately serve the vicinity, thereby requiring construction of new facilities or modification of existing facilities. Since police protection services in Cupertino are provided through a memorandum of understanding (MOU) between the City of Cupertino and the Santa Clara County Sheriff’s Office, changes and growth anticipated with General Plan 2040 would not have any cumulative impact beyond Cupertino’s SOI. Additionally, the surrounding cities of San Jose, Santa Clara, and Sunnyvale have their own police departments and do not rely solely on the Office of the Sheriff for police services. Moreover, the Sheriff’s Office has confirmed that in conjunction with the growth anticipated with General Plan 2040, new or physically altered facilities would not be needed.

As described, the proposed Modified Project would not create a need for new or physically altered facilities for police services. Compliance with State and local laws, such as General Plan 2040 policies and the strategy listed previously, would ensure that police protection services are adequate as future development is proposed as a result of implementation of the proposed Modified Project. County Sheriff review and comment on development applications for security and public safety measures would be required. Additionally, many of the sites where development is anticipated are infill sites, thus the development of these infill sites would result in an increase in property tax revenues, which could fund any anticipated changes to contracted hours and personnel in the future for police protection services.

Based on these considerations, the proposed Modified Project would not result in a cumulatively considerable contribution impact related to the construction of other police services beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.13.3 SCHOOLS

ENVIRONMENTAL SETTING
Regulatory Framework
State Regulations
Senate Bill 50
Senate Bill (SB) 50 (funded by Proposition 1A, approved in 1998) limits the power of cities and counties to require mitigation of school facilities impacts as a condition of approving new development and provides instead for a standardized developer fee. SB 50 also provides for three levels of statutory impact fees. In setting the fees, school districts must prepare nexus studies to demonstrate a reasonable connection between new development and the need for school improvements. The fees may only be used to finance the construction or modernization of school facilities. The fee application level depends on whether State funding is available, whether the school district is eligible for State funding and whether the school district meets certain additional criteria involving bonding capacity, year-round school, and the percentage of moveable classrooms in use.
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California Government Code and Education Code
SB 50 amended California Government Code Section 65995 and is commonly referred to as this legislative bill number, contains limitations on Education Code Section 17620, the statute that authorizes school districts to assess development fees within school district boundaries. Government Code Section 65995(b)(3) requires the maximum square footage assessment for development to be increased every two years, according to inflation adjustments. The State Allocation Board (SAB) approves the allowable amount of statutory school facilities fees (Level I School Fees) for residential development and commercial/industrial development. According to California Government Code Section 65995(3)(h), the payment of statutory fees is “deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization on the provision of adequate school facilities.” Each school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code.

Mitigation Fee Act (California Government Code 66000-66008) Assembly Bill (AB) 1600, the Mitigation Fee Act, requires a local agency establishing, increasing, or imposing an impact fee as a condition of development to identify the purpose of the fee and the use to which the fee is to be put.7 The agency must also demonstrate a reasonable relationship between the fee and the purpose for which it is charged, and between the fee and the type of development project on which it is to be levied. This act became enforceable on January 1, 1989.

The Mello-Roos Communities Facilities Act of 1982
The Mello-Roos Community Facilities Act, Government Code Section 53311 et seq., provides an alternative method of financing certain public capital facilities and services through special taxes. This law empowers local agencies to establish Community Facilities Districts (CFDs) to levy special taxes for facilities such as public schools.

Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Housing (HE), and Recreation, Parks and Community Service (RPC) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to schools. Applicable policies and strategies that would minimize potential adverse impacts to schools are identified in Section 4.13.3.3, Impact Discussion. 7 California Legislative Information, California Law, Code Section Group, Government Code Sections 66000-66008, https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=5.&article= accessed on April 8, 2020.
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Municipal Code
The Cupertino Municipal Code (CMC) includes various directives pertaining to schools. The provisions related to schools are in Chapter 18.16, Subdivision Maps, and Chapter 18.24, Dedications and Reservations.
 Section 18.16.030, Department of Community Development Action. This section describes the procedure that the Department of Community Action will take to update affected public agencies about the potential subdivision in the area. Within five days of the tentative map application being deemed complete, the Department of Community Action will send a notice to school districts within the boundaries of which the subdivision is proposed to be located. Within fifteen days of receiving the notice the school district may make recommendations to the City regarding the effects of the proposed subdivision upon the school district. If the school district fails to respond within fifteen days, the failure to respond shall be deemed approval of the proposed subdivision by the school district.  Article III, School Site Dedication. As a condition of approval of a final subdivision map, a subdivider may need to designate land in the subdivision to the local school district so that a school can be constructed for adequate elementary school service.
 Section 18.24.190, Standards for Reservation of Land. This section outlines that when a subdivision is built, certain sites of the subdivision may be required to be reserved by the city for community facilities, such as a school.

Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addresses the impacts to schools associated with buildout of General Plan 2040 at a program level. The setting for schools is described in General Plan EIR Section 4.12.3.1, Existing Conditions. The three school districts described in the General Plan EIR remain the districts serving Cupertino. Table 4.13-1, Current Capacity and Enrollment for the CUSD, shows the current (data from 2022-2023) enrollment and capacity for the Cupertino Unified School District (CUSD) schools.

TABLE 4.13-1 CURRENT CAPACITY AND ENROLLMENT FOR THE CUSD Schools Capacity
Current
Enrollment
Capacity
Difference
Collins Elementary School 598 473 125
Eaton Elementary School 598 470 128
Faria Elementary School 574 632 -58
Garden Gate Elementary School 598 517 81
Lincoln Elementary School 455 665 -210
Regnart Elementary School 407 0 Closed
Sedwick Elementary School 455 367 88
Stevens Creek Elementary School 574 389 185
Other Elementary Schools in CUSD not located in Cupertino 7,155 5,219 439 836
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TABLE 4.13-1 CURRENT CAPACITY AND ENROLLMENT FOR THE CUSD Schools Capacity
Current
Enrollment
Capacity
Difference
Elementary Schools Total 11,414 8,732 2,680
Cupertino Middle School 1,235 1,099 136
Hyde Middle School 672 778 -106
Kennedy Middle School 954 930 20
Lawson Middle School 1,105 816 289
Other Middle Schools in CUSD not located in Cupertino 932 1,078 -146 Middle Schools Total 4,898 4,701 197
Source: Cupertino Union School District. July 2023.

Since the certification of the EIR, Regnart Elementary School has closed, and most schools have enrollment under capacity based on the 2022-2023 enrollment. Table 4.13-2, Current Capacity and Enrollment for the FUHSD, shows the current (data from 2022-2023) enrollment and capacity for the Fremont Union High School District (FUHSD) schools.

TABLE 4.13-2 CURRENT CAPACITY AND ENROLLMENT FOR THE FUHSD Schools Capacity
Current
Enrollment
Capacity
Difference
Cupertino High School 2,168 1,997 171
Fremont High School 2,142 2,171 -29
Homestead High School 2,357 2,311 46
Lynbrook High School 1,819 1,741 78
Monta Vista High School 2,410 1,751 659
Other N/A 49 N/A
District Total 10,634 10,019 615
Source: California Department of Education. July 2023.

The only school above capacity for the 2022-2023 school year in FUHSD is Fremont High School and the district total is far below capacity. Santa Clara Unified School District has 13,919 students enrolled in the 2022-2023 school year.8 This is less than described in the General Plan EIR. All three districts show that total enrollment has decreased since the certification of the General plan EIR. 8 California Department of Education, cde.ca.gov, 2022-2023 Enrollment by Grade, Santa Clara Unified Report, accessed July 14, 2023.
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STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant impact to public schools if it would:

Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
PS-5. Result in the need for new or physically altered public school facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios or other performance objectives?

LTS LTS
PS-6. Result in significant cumulatively considerable impact with respect to public school services? LTS LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
PS-5 Implementation of the proposed Modified Project would not result in the need for new or physically altered school facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios or other performance objectives.

As described in the General Plan EIR, the California State Legislature, under Senate Bill 50 (SB 50), has determined that payment of school impact fees shall be deemed to provide full and complete school facilities mitigation. All new developments under implementation of the Approved Project will be required to pay the school impact fees adopted by each school district, and this requirement is considered to fully mitigate the impacts of the Approved Project on school facilities. The General Plan EIR concluded that with the new housing units CUSD would experience an additional 1,105 students in elementary schools and 309 students in middle school, FUHSD would experience an increase of 309 students, and SCUSD would experience an increase of 220 students (132 elementary schools and 44 students for middle schools and high schools) by 2040. These districts would need to expand existing facilities or construct new ones as student enrollment was already exceeding capacity.

Since the certification of the EIR, enrollment across all districts has decreased, thus there is capacity for the added students from the implementation of the proposed Modified Project. Additionally, like under the Approved Project, SB 50 would continue to require the payment of school impact fees to mitigate the impacts on school facilities from future potential developments under the proposed Modified Project.

The General Plan EIR also found that the Land Use and Community Design (LU), Housing (HE), and Recreation, Parks and Community Service (RPC) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on school resources. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize need for new or physically altered school facilities:
 Policy HE-7.1. Coordination with Local School Districts. The Cupertino community places a high value on the excellent quality of education provided by the three public school districts that serve residents.

To ensure the long-term sustainability of the schools, teachers, and faculty, in tandem with the 838
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preservation and development of vibrant residential areas, the City will continue to coordinate with the Cupertino Union School District (CUSD), Fremont Union High School District (FUHSD), and Santa Clara Unified School District (SCUSD).
 Strategy HE-7.3.2. Coordination with Local School Districts. To ensure the long-term sustainability of public schools, teachers, and faculty, in tandem with the preservation and development of vibrant residential areas, the City will coordinate biennially with the local school districts and colleges to identify housing needs and concerns. The City will discuss potential partnerships for affordable housing developments for school district employees and college students, including on school district properties, which could be assisting with grant applications, incentives, and other incentives listed in Strategy HE-1.3.11.
 Policy LU-1.6. Jobs/Housing Balance. Strive for a more balanced ratio of jobs and housing units. (General Plan EIR Policy 2-22)
 Policy LU-11.1. Connectivity. Create pedestrian and bicycle access between new developments and community facilities. Review existing neighborhood circulation to improve safety and access for students to walk and bike to schools, parks, and community facilities such as the library. (General Plan EIR Policy 2-7)
 Policy RPC- 8.1. School Districts. Partner with school districts to allow community use of their sports fields and facilities. (General Plan EIR Policy 2-61)
 Strategy RPC- 8.1.1. Shared Facilities. Maintain and enhance arrangements with schools for the use of sports fields, theaters, meeting spaces and other facilities through maintenance agreements and other partnerships. (General Plan EIR Policy 2-93)
 Strategy RPC- 8.1.2. School Expansion. Encourage schools to meet their expansion needs without reducing the size of their sports fields. (General Plan EIR Policy 2-93) As with the development assessed in the General Plan EIR, development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations and the fact that most schools have not reached enrollment capacity for the 2022-2023 school year, as shown in Tables 4.13-1 and 4.13-2, overall impacts from adoption and implementation of the proposed Modified Project would not result in need for new or physically altered school facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

PS-6 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to public school services.

The General Plan EIR concluded that regional growth resulting from past, present, and reasonably foreseeable projects would result in increased demand for additional school facilities within all three school districts serving Cupertino. Almost all schools in Cupertino experience capacity deficits, and additional student enrollment would exacerbate the current capacity issue. The schools are expected to 839
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receive development impact fees from other developments outside of Cupertino, which would mitigate the current and future capacity issues, and would help expand their facilities to accommodate future students.

The proposed Modified Project would contribute to regional growth and result in increased student enrollment and demand on the public school districts. Based on the 2022-2023 school year there is room at most schools to accommodate this expected increase in enrollment. Based on these considerations, the proposed Modified Project would not result in a cumulatively considerable contribution impact related to the construction of other schools beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.13.4 LIBRARIES

ENVIRONMENTAL SETTING
Regulatory Framework
State Regulations
The Mello-Roos Communities Facilities Act of 1982
The Mello-Roos Community Facilities Act, Government Code Section 53311 et seq., provides an alternative method of financing certain public capital facilities and services through special taxes. This State law empowers local agencies to establish CFDs to levy special taxes for facilities such as libraries.

Regional Regulations
Santa Clara County Library District Strategic Plan, 2023-2028 The Santa Clara County Library District’s (SCCLD) 2023-2028 Strategic Plan sets forth goals and objectives for a 5-year horizon. The goals and objectives identify ways to improve the libraries existing services by providing customer-focused service, looking into partnerships across the library’s district, creating a districtwide literacy program plan, and enhancing technology. 9 Local Regulations
General Plan 2040
The Recreation, Parks and Community Service (RPC) Element of the General Plan 2040 contains goals, policies, and strategies that require local planning and development decisions to consider impacts to libraries. Applicable policies and strategies that would minimize potential adverse impacts to libraries are identified in Section 4.13.4.3, Impact Discussion.
9 Santa Clara County Library District, 2023, Santa Clara County Library District Strategic Plan, 2023-2028. 840
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Municipal Code
The Cupertino Municipal Code (CMC) includes various directives pertaining to libraries. Most of the provisions related to libraries are within Chapter 2.68, Library Commission, and Chapter 18.24, Dedications and Reservations.
 Chapter 2.68.010, Library Commission. This chapter establishes the Library Commission and identifies the term of office that they will have and the powers that they will be granted in their term. The duties of this position include consulting with the various city groups and the Santa Clara County Library Joint Powers Authority about the functioning, services, and programs of the Cupertino Library.  Section 18.24.190, Standards for Reservation of Land. This section outlines that when a subdivision is built, certain sites of the subdivision may be required to be reserved by the city for the purpose of a community facilities element, such as a library.

Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addresses the impacts to library services associated with buildout of the General Plan 2040 at a program level. The setting for libraries is described in General Plan EIR Section 4.12.4.1, Existing Conditions. Cupertino is still in the Santa Clara County Library District as one of the eight libraries in the district. It remains the only public library available in the city. There are 447,541 residents in the library district and 401,497 in-district cardholders.10 The Cupertino Library was expanded in 2021/2022.

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant public services impact if it would:

Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
PS-7. Result in the need for new or physically altered public libraries, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives.

LTS LTS
PS-8. Result in significant cumulative impacts with respect to the construction of other public libraries. LTS LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
PS-7 Implementation of the proposed Modified Project would not result in the need for new or physically altered library facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. 10 Santa Clara Library District, 2023-2028 Strategic Plan, https://player.flipsnack.com/?hash=NkVCQ0NDREQ3NUUrZHo5d2N0bzAydg==, accessed July 20, 2023. 841
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The General Plan EIR concluded that existing library employees and facilities would be sufficient to accommodate increased demand for library services from implementation of the Approved Project and physical expansion would not be required. The only facility deficiency identified by library staff is a lack of parking; however, communication with library staff has indicated that there is the potential for an expansion of public meeting space with a larger parking lot.11 Implementation of the proposed Modified Project would add an additional 9,737 people to the Study Area. This would potentially add thousands of new members to the Santa Clara Public Library system.

However, General Plan 2040 includes policies that ensure adequate library services are available for the residents of Cupertino and meet the needs of residents of all ages and its diverse population.

The General Plan EIR also found that the Recreation, Parks and Community Service (RPC) Element contains policies that require local planning and development decisions to consider impacts that development could have on library resources. Like the Approved Project, the following existing General Plan 2040 policies and strategy, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize the need for new or physically altered library facilities:
 Strategy RPC-1.1.2. Civic Center Master Plan. Prepare a master plan that addresses the needs of the elements in the Civic Center area including City Hall, Community Hall, Library Field, Library programming, function and meeting space and community gathering space and parking needs.  Policy RPC- 6.1. Diverse Programs. Ensure that the City continues to offer a wide range of programs to serve diverse populations of all ages and abilities. (General Plan EIR Policy 2-60)  Policy RPC-6.4. Library Service. Encourage the library to continue to improve service levels by incorporating new technology and expanding the library collections and services. General Plan EIR Policies 2-58 and 2-60)
As with the development assessed in the General Plan EIR, development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in the need for new or physically altered library facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant. 11 Personal communications between PlaceWorks and Derek Wolfgram, Deputy County Librarian for Community Libraries, April 4, 2014.
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PS-8 Implementation of the proposed Modified Project, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to the construction of other library facilities.

The General Plan EIR considered growth projected by the Approved Project in combination with impacts from projected growth in the rest of Santa Clara County and the surrounding region, as forecasted by the Association of Bay Area of Governments (ABAG). Cumulative impacts were considered in the context of the growth from development under the Approved Project combined with the estimated growth in the service areas of the SCCLD, which includes all unincorporated portions of Santa Clara County in addition to the incorporated portions of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, and Saratoga. The Santa Clara County Library Strategic Plan (2008) accounts for the entire SCCLD service area and provides a basis for analyzing the most efficient allocation of funds both for the district as a whole as well as among the different libraries in the SCCLD service area. This and the fact that the increase in service population would occur incrementally over a period of 26 years would ensure the libraries are adequate to fulfill future demand.

Like the Approved Project, the population increase from the proposed Modified Project would occur incrementally. The 2023 Strategic Plan continues to provide an analysis of the most efficient allocation of funds to support their service population. With the General Plan policies in place to ensure all residents have access to public library resources, the proposed Modified Project would not result in significant cumulative impacts due to the construction of other library facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.13.5 PARKS AND RECREATION FACILITIES

ENVIRONMENTAL SETTING
Regulatory Framework
State Regulations
The Quimby Act
The 1975 Quimby Act (California Government Code Section 66477) authorizes cities and counties to adopt ordinances requiring developers to set aside land, donate conservation easements, or pay fees for park improvements. Revenues generated through the Quimby Act cannot be used for operation and maintenance of park facilities.12 A 1982 amendment (AB 1600) requires agencies to clearly show a reasonable relationship between the public need for the recreation facility or parkland and the type of 12 Westrup, Laura, 2002, Quimby Act 101: An Abbreviated Overview, Sacramento: California Department of Parks and Recreation.
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development project upon which the fee is imposed. Cities with a high ratio of park space to inhabitants can set a standard of up to 5 acres per 1,000 persons for new development. Cities with a lower ratio can only require the provision of up to 3 acres of park space per 1,000 persons. The calculation of a city’s park space to population ratio is based on a comparison of the population count of the last federal census to the amount of city-owned parkland.

Mitigation Fee Act
The Mitigation Fee Act allows cities to establish fees that will be imposed on development projects to mitigate the impact on the jurisdiction’s ability to provide specified public facilities to serve proposed development projects. In order to comply with the Mitigation Fee Act, a jurisdiction must follow four requirements: 1) Make certain determinations regarding the purpose and use of a fee and establish a nexus or connection between a development project or class of project and the public improvement being financed with the fee; 2) Segregate fee revenue from the general fund in order to avoid commingling of capital facilities fees and general funds; 3) For fees that have been in the possession of the jurisdiction for five years or more and for which the dollars have not been spent or committed to a project, the jurisdiction must make findings each fiscal year describing the continuing need for the money; and 4) Refund any fees with interest for which the findings noted above cannot be made.

Regional Regulations
Midpeninsula Regional Open Space District
The Midpeninsula Regional Open Space District (MROSD) is a non-enterprise special district that serves parts of Santa Clara, San Mateo, and Santa Cruz counties in order to form a continuous greenbelt of permanently preserved open space by linking public parklands. As a member of Bay Area Open Space Council, the MROSD participates in cooperative efforts, including Bay Trail, Ridge Trail, and Skyline-to-theSea Trail, which are regional Bay Area trails running across the District’s jurisdiction. The MROSD’s basic policy document includes goals and policies that relate to open space land preservation and management, inter-agency relationships, and public involvement. Lands under MROSD’s jurisdiction in Cupertino are designed for low-intensity use to give long-term protection from encroaching urbanization. These lands are acquired according to four principal criteria: scenic preservation, preservation of unique sites, the guidance of urban form, and low intensity recreational opportunities. Most of the MROSD parks are located along both sides of State Route 35, which is a north-south route spanning the counties of San Mateo, Santa Cruz, and Santa Clara. The closest MROSD parks to Cupertino are the Fremont Older, Picchetti Ranch, and Rancho San Antonia, which are located just southwest and west of the city limits, respectively.

Santa Clara County Parks and Recreation Department Strategic Plan The Santa Clara County Parks (SCCP) system includes 28 regional parks encompassing over 52,000 acres of land. The 2018 Strategic Plan identifies and prioritizes outdoor recreation values and needs in Santa Clara County. The SCCP operates on a voter-approved measure in which a fixed portion of the property taxes collected are set aside from the General Fund to acquire and develop a regional park system. 844
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Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Housing (HE), and Recreation, Parks and Community Service (RPC) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to park and recreation. Applicable policies and strategies that would minimize potential adverse impacts to park and recreation facilities are identified in Section

4.13.5.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives pertaining to parks and recreation. Most of the provisions that are related to parks and recreation are located within Chapter 2.36, Parks and Recreation Commission, Chapter 13.08, Park Land Dedication Fee, Chapter 18.24, Dedications and Reservations, and Chapter 19, Zoning.
 Chapter 2.36, Parks and Recreation Commission. This chapter establishes the parks and recreation commission, outlines the term of office, and the responsibilities that will come with being on the commission. The responsibilities entail holding hearings on matters about planning and development of parks, cultural activities, historical resources, recreation, community services, and capital expenditures related to community activities and facilities. After these hearings, findings are reported to the City Council.
 Chapter 13.08, Park Land Dedication Fee. This chapter regulates the fees that need to be paid in lieu of park land dedication in accordance with the Recreation, Parks, and Community Service Element of the adopted General Plan.
 Section 18.24.190, Standards for Reservation of Land. This section outlines when a subdivision is built, certain sites of the subdivision may be required to be reserved by the city for the purpose of a community facilities element, such as a park.
 Chapter 19.92, Parks and Recreation (PR) Zones. This chapter establishes the parks and recreation zone, its purpose, and the permitted uses in these areas.

Parks and Recreation System Master Plan
Adopted in 2020, the citywide Parks and Recreation System Master Plan guides future development, renovation, management, and programming of Cupertino’s parks and recreation facilities. The goals of the plan are to increase opportunities to connect with nature, expand trails and connectivity, and enhance parks and recreation access. The Master Plan provides direction for the City and Parks and Recreation Department and improves and enhances parks and recreation through the horizon year of 2040.

McClellan Ranch Master Plan
Updated in 2012, this plan looked into capital improvement projects at McClellan Ranch Park in order to create a prioritized list that will inform decision making in the years to come. The goals of this plan are to foster stewardship of the earth by providing environmental education, leadership, and resources; protect 845
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and preserve for the people of Cupertino the natural habitat and rural property; and utilize this rare riparian environment for enjoyment and study.

Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addressed the impacts to parks and recreation facilities and services associated with buildout of the General Plan 2040 at a program level. The setting for Public Services as it relates to parks and recreation facilities is described in General Plan EIR Section 4.12.5.1, Existing Conditions. Since the certification of the EIR, there have been an additional 16 public parks created in Cupertino, most notably: Blackberry Farm at 21979 Fernando Avenue, a 38-acre open space with an onsite café, two pools open May through September, a playground, horseshow courts, sand volleyball and bocce ball courts, and a large picnic area adjacent to Stevens Creek Trail and Franco Park at 10981 Franco Court, a 0.61-acre neighborhood park with picnic tables and a playground.

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant public services impact if it would:

Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
PS-9. Result in the need for new or physically altered park facilities or other recreational facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, or other performance objectives?

LTS LTS
PS-10. 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?

LTS LTS
PS-11. Result in significant cumulative impacts with respect to parks? LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
PS-9 Implementation of the proposed Modified Project would not result in the need for new or physically altered park facilities or other recreational facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, or other performance objectives.

For both the Approved Project and the proposed Modified Project, the City has an adopted parkland dedication standard of three acres of parkland for every 1,000 residents.

The General Plan EIR found that there was a total of approximately 156 acres of parkland in Cupertino, or approximately 2.7 acres per 1,000 residents, based on a population of 58,302 (at the time the General Plan EIR was drafted). The General Plan EIR acknowledges that the City does not meet its adopted standard of providing three acres of parkland per 1,000 residents. Because the Approved Project included a projected growth of 12,998 residents over 26 years, an increase in demand for existing parklands and 846
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recreation facilities would occur. In order to meet the city standard, 39 acres of new parkland would need to be created. The General Plan EIR concluded that the Approved Project would require the construction of new or expanded recreation facilities however it is not known at what time or location such facilities would be required or what the exact nature of those facilities would be. Thus, it cannot be determined what project-specific environmental impacts would occur from their construction and operation of the new parks. Additionally, such impacts would be project-specific, and would require permitting and review in accordance with CEQA, as necessary, which would ensure that any environmental impacts are disclosed and mitigated to the extent possible.

Since the certification of the General Plan EIR, the City has developed the Regnart Creek Trail (approximately 1.5 acres) which connects the eastern part of the city in an east-west direction, along Regnart Creek in the City Center Special Area and the South Blaney neighborhood. In addition, the City has acquired the 1.56 acre Linda Vista trail in the western part of the city in the South Monta Vista neighborhood, and completed acquisition of the 7.8 acre Lawrence Mitty Park in the Rancho Rinconada neighborhood, which is in the design phase and is anticipated to be completed in the next 5 years. Finally, the City is in the process of designing the 3 mile long (approximately 4.36 acres) Tamien Innu (trail) along the Junipero-Serra channel on Santa Clara Valley Water District property, which would connect the Garden Gate neighborhood on the west to Main Street in the east, which abuts the Rancho Rinconada neighborhood. This additional parkland would increase the total parkland in Cupertino to approximately 171 acres, but in order to meet the city standard, approximately 24 additional acres of parkland would need to be created.

Implementation of the proposed Modified Project would add an additional 9,737 residents to the City’s projected growth projections. To meet the standard set by the City of three acres of parkland for every 1,000 residents, an additional 9.7 acres of parkland would need to be included during implementation of the proposed Modified Project, for a total need of 33.48 acres of parkland. As with the Approved Project, the location and exact nature of the future facilities is unknown, so environmental impacts from their construction and operation cannot be determined within this EA.

The General Plan EIR also found that the Housing (HE) and Recreation, Parks and Community Service (RPC) Elements contain policies that require local planning and development decisions to consider impacts that development could have on park facilities or other recreational facilities. Like the Approved Project, the following existing General Plan 2040 policies and strategy, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize the need for new or physically altered park facilities or other recreational facilities:
 Strategy HE-2.3.9. Review Impact Fees. To ensure that impact fees are not a constraint on the development of housing,
 Review and revise impact fees by researching surrounding jurisdictions to determine other possible fee structures, grant funding opportunities and similar funding sources, review of average persons per unit at higher densities of development and will consider:
 Alternatives, such as privately owned, publicly accessible (POPA) areas, or allowing parkland credit for pedestrian connections and trails.
 Incorporating priority processing, granting fee waivers or deferrals for 100 percent affordable projects, and modifying development standards.
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 Strategy HE-3.3.5. Park Land Ordinance. The City will review and revise its Park Land Ordinance to reduce any potential constraints on residential development while maintaining access to quality open space. The City will review requirements for higher-density projects and evaluate the possibility of open space credits.
 Policy RPC-1.2. Parkland Standards. Continue to implement a parkland acquisition and implementation program that provides a minimum of three acres per 1,000 residents. (General Plan EIR Policy 2-83)
 Policy RPC- 2.4. Connectivity and Access. Ensure that each home is within a half-mile walk of a neighborhood park or community park with neighborhood facilities; ensure that walking and biking routes are reasonably free of physical barriers, including streets with heavy traffic; provide pedestrian links between parks, wherever possible; and provide adequate directional and site signage to identify public parks. (General Plan EIR Policy 2-84)
As with the development under the Approved Project, potential future development, like future park and recreation facilities under the proposed Modified Project, would be required to comply with applicable laws, policies, and design standards. Further, CMC Chapter 14.05, Park Maintenance Fee, requires developers to pay impact fees to maintain existing parks and recreation facilities and Chapter 18.24, Dedications and Reservations, requires residential developments to dedicate parklands or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands.

Therefore, the proposed Modified Project would increase population and thus the required acreage of parks and recreation facilities. However, the General Plan policies in place and future development having to comply with the CMC regulations would help the City meet its target of three acres per 1,000 residents.

Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts from new or physically altered park facilities or other recreational facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

PS-10 Implementation of the proposed Modified Project would not 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.

The General Plan EIR concluded that there was a total of approximately 156 acres of parkland in Cupertino, or approximately 2.7 acres per 1,000 residents, based on a population of 58,302 (at the time the General Plan EIR was drafted). The Approved Project would bring as many as 12,998 new residents to the City by 2040; therefore, increasing use of existing parkland, which could accelerate the physical deterioration of existing facilities. However, future development would comply with CMC Chapter 14.05, Park Maintenance Fee, that requires developers to pay impact fees to maintain existing parks and recreation facilities and Chapter 18.24, Dedications and Reservations, that requires residential developments to dedicate parklands or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands. This would ensure that potential future development provides its fair-share of parks 848
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since the Approved Project would increase population, and subsequently the demand on parks and recreation facilities throughout Cupertino.

Like the Approved Project, implementation of the proposed Modified Project would result in an increase in population and therefore the use of existing neighborhood and regional parks or other recreational facilities. Potential future development under the implementation of the proposed Modified Project would be required to comply with the CMC chapters referenced previously that would support the City in maintaining and creating new neighborhood and regional parks or other recreational facilities.

Additionally, along with the General Plan 2040 policies listed in Impact Discussion PS-9, the General Plan EIR also found that the Land Use and Community Design Element and the Recreation, Parks and Community Service (RPC) Element contains policies and strategies that require local planning and development decisions to consider impacts that development could have on park or other recreational facilities. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize substantial physical deterioration of park or other recreational facilities:
 Policy LU-7.1. Public Art. Stimulate opportunities for the arts through development and cooperation with agencies and the business community. (General Plan EIR Policy 2-75)  Policy RPC- 1.1. Parks and Recreation Master Plan. Prepare a citywide Parks and Recreation Master Plan that outlines policies and strategies to plan for the communities open space and recreational needs. (General Plan EIR Policy 2-78)
 Strategy RPC- 1.1.1. Stevens Creek Corridor Master Plan. Prepare a master plan for the park and open space corridor along Stevens Creek including McClellan Ranch, McClellan Ranch West, Blackberry Farm, the Blackberry Farm golf course, Stocklmeir and Blesch properties and the Nathan Hall Tank House area. The plan should address a fiscally sustainable strategy that allows year-round community use of the park system, while preserving the area’s natural resources and addressing neighborhood issues including connectivity and buffers. (General Plan EIR Policy 2-78)  Strategy RPC- 2.5.1. Special Needs. Extend recreational opportunities for special needs groups (seniors, disabled, visually challenged, etc.) by making improvements to existing facilities and trails. (General Plan EIR Policy 2-79)
 Policy RPC- 5.1. Open Space and Trail Linkages. Dedicate or acquire open space land along creeks and utility through regional cooperation, grants and private development review. (General Plan EIR Policy 2-82)
As with the development under the Approved Project, potential future development, like future park and recreation facilities under the proposed Modified Project, would be required to comply with applicable laws, policies, and design standards. Further, CMC Chapter 14.05, Park Maintenance Fee, requires developers to pay impact fees to maintain existing parks and recreation facilities and Chapter 18.24, Dedications and Reservations, requires residential developments to dedicate parklands or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands.

Therefore, the proposed Modified Project would increase population and thus the use of parks and recreation facilities. However, the General Plan policies in place and future development having to comply with the CMC regulations would help the City update and improve park and recreation facilities. Based on 849
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these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts from use of existing neighborhood and regional parks or other recreational facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

PS-11 Implementation of the proposed Modified Project, in combination with past, present and reasonably foreseeable projects, would/would not result in significant cumulative impacts with respect to parks.

The EIR considered growth projected by the Approved Project within the Study Area in combination with impacts from projected growth in the rest of Santa Clara County and the surrounding region, as forecasted by the Association of Bay Area of Governments (ABAG). The geographic scope for this discussion includes park and recreation facilities within the Study Area, as well as Santa Clara County, and the Midpeninsula Regional Open Space District. Although buildout would cumulatively increase demand for park and recreation facilities, as described in General Plan EIR Impact Discussion PS-9 and PS-10, the City would require subdivision development to fund park improvements and dedicate land through compliance with CMC Chapter 14.05 and Title 18, which would help to ensure the provision of adequate parklands in compliance with the City standard of providing three acres per 1,000 residents. Further, potential future impacts to Santa Clara County and Midpeninsula Regional Open Space District parks would be mitigated through the contribution of property taxes to ensure facilities at these locations are adequately maintained and sufficient to accommodate growth associated with implementation of the Approved Project.

Like the Approved Project, the proposed Modified Project would further increase population and the demand for parks and recreation facilities. Yet, like the conclusion in the General Plan EIR, compliance with CMC Chapter 14.05 and Title 18 would help to ensure the provision of adequate parklands in compliance with the City standard providing three acres per 1,000 residents. Additionally, General Plan 2040 policies and strategies listed in Impact Discussions PS-9 and PS-10 would ensure park space is maintained and adequate for the residents of Cupertino and the surrounding area. Overall, the proposed Modified Project would not result in significant cumulative impacts due to the park or recreational facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant. 850
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4.14 TRANSPORTATION
This chapter describes the potential impacts to transportation associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential transportation impacts, and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.

4.14.1 ENVIRONMENTAL SETTING

TERMINOLOGY
The following are definitions for terms used in this chapter:
 Vehicle Miles Traveled (VMT). A measure of network use or efficiency that accounts for the number of daily vehicle trips generated, times the length or distance of those trips. VMT is generally expressed as VMT per capita for a typical weekday.
 Greenhouse gases (GHG). Gases in the atmosphere that absorb infrared light, thereby retaining heat in the atmosphere and contributing to a greenhouse effect.

REGULATORY FRAMEWORK
Federal Regulations
Applicable federal regulations pertaining to transportation are addressed in other chapters of this EIR, including Chapter 4.2, Air Quality; Chapter 4.7, Greenhouse Gas Emissions; and Chapter 4.8, Hazards and Hazardous Materials. The federal Clean Air Act, the Fixing America’s Surface Transportation Act, and the Americans with Disabilities Act may have some relevance or influence for individual projects or actions as part of potential future projects in the Study Area. Additionally, the Federal Highway Administration (FHWA) is the agency of the United States Department of Transportation (USDOT) responsible for the federally funded roadway system, including the interstate highway network and portions of the primary state highway network, Interstate (I-) 280 and State Route (SR-) 85.

State Regulations
Senate Bill 743
With the passage of Senate Bill (SB) 743 in September 2013, which was codified in Public Resources Code Section 21099, and the subsequent adoption of revised California Environmental Quality Act (CEQA) Guidelines in December 2018, level of service, also referred to as LOS, can no longer be used as a criterion for identifying significant transportation impacts for most projects under CEQA. Level of service is the measure of the average amount of delay experienced by vehicle drivers at an intersection or along a road segment during the most congested time of day, while the new CEQA metric (VMT) measures the total number of daily miles traveled by vehicles on the roadway network and thereby the impacts on the environment from those miles traveled. Level of service is a measure of local vehicle congestion at an 852
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intersection or on a road segment, and VMT is a measure of the total miles of vehicles travel measured at an area-wide or project-level scale. In other words, SB 743 changed the focus of transportation impact analysis in CEQA from measuring quality-of-life impacts to drivers, to measuring the physical impacts of driving on the environment.

According to the Governor’s Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory),1 land use projects with one or more of the following characteristics would generate lower VMT than conventional development:
 Higher land use densities
 Mix of project uses
 Support of a citywide jobs-housing balance (i.e., provide housing in a job rich area, or vice versa)  Proximity to the core of a region
 Proximity to high-quality transit service
 Located in highly walkable or bikeable areas
This shift in transportation impact criteria is expected to better align transportation impact analysis and mitigation outcomes with the State’s goals to reduce GHG emissions, encourage infill development, and improve public health through more active transportation. Specific to SB 743, CEQA Guidelines Section 15064.3(c) states that, “a lead agency may elect to be governed by the provisions of this section immediately. Beginning on July 1, 2020, the provisions of this section shall apply statewide.” However, CEQA Section 21099(b)(2) states that, “upon certification of the guidelines by the Secretary of the Natural Resources Agency pursuant to this section, automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment pursuant to this division, except in locations specifically identified in the CEQA Guidelines.”
Although the OPR provides recommendations for adopting new VMT analysis guidelines, lead agencies have the final say in designing their methodology. Lead agencies must select their preferred method of estimating and forecasting VMT, their preferred significance thresholds for baseline and cumulative conditions, and the mitigation strategies they consider feasible. Lead agencies must prove that their selected analysis methodology aligns with SB 743’s goals to promote infill development, reduce GHGs, and reduce VMT.

Sustainable Communities and Climate Protection Act
The Sustainable Communities and Climate Protection Act, commonly referred to by its legislative bill number, Senate Bill 375 (SB 375), provides incentives for cities and developers to bring housing and jobs closer together and to improve public transit. The goal is to reduce the number and length of automobile commuting trips, helping to meet the statewide targets for reducing greenhouse gas emissions set by Assembly Bill (AB) 32.
1 Technical Advisory on Evaluating Transportation Impacts in CEQA, Governor’s Office of Planning and Research, April 2018. 853
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SB 375 requires each Metropolitan Planning Organization (MPO) to add a broader vision for growth to its transportation plan––called a Sustainable Communities Strategy (SCS). The SCS must lay out a plan to meet the region’s transportation, housing, economic, and environmental needs in a way that enables the area to lower greenhouse gas emissions. The SCS should integrate transportation, land-use, and housing policies to plan for achievement of the emissions target for each region. The Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) Regional Transportation Plan (RTP) and SCS were adopted in 2017 and updated under the title Plan Bay Area 2050 in 2021. 2 According to
MTC/ABAG, Plan Bay Area 2050+, which is a limited and focused update that builds upon the strong foundation of Plan Bay Area 2050, is currently being prepared.

California Complete Streets Act of 2008
Originally passed in 2008, California’s Complete Streets Act (Assembly Bill 1358) came into effect in 2011 and requires local jurisdictions to plan for land use transportation policies that reflect a “complete streets” approach to mobility. “Complete streets” comprises a suite of policies and street design guidelines that provide for the needs of all road users, including pedestrians, bicyclists, transit operators and riders, children, the elderly, and the disabled. From 2011 onward, any local jurisdiction—county or city—that undertakes a substantive update of the circulation element of its general plan must plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways, (i.e., consider “complete streets” and incorporate corresponding policies and programs).3

California Department of Transportation
The California Department of Transportation (Caltrans) is the primary state agency responsible for transportation issues. One of its duties is the construction and maintenance of the state highway system.

Caltrans approves the planning, design, and construction of improvements for all State-controlled facilities, including I-280 and SR-85, and the associated interchanges for these facilities in the Study Area.

Caltrans has established standards for roadway traffic flow and developed procedures to determine if State-controlled facilities require improvements. For projects that may physically affect facilities under its administration, Caltrans requires encroachment permits before any construction work may be undertaken. For projects that would not physically affect facilities but may influence traffic flow and levels of service at such facilities, Caltrans may recommend measures to mitigate the traffic impacts of such projects.

The following Caltrans procedures and directives are relevant to the proposed Modified Project, particularly to state roadway facilities:
 Vehicle Miles Traveled-Focused Transportation Impact Study Guide. The Caltrans Vehicle Miles Traveled-Focused Transportation Impact Study Guide (TISG), dated May 20, 2020, was prepared to provide guidance to Caltrans districts, lead agencies, tribal governments, developers, and consultants regarding Caltrans’ review of VMT impact analysis for land use projects and land use plans. Caltrans 2 Association of Bay Area Governments and Metropolitan Transportation Commission, October 2021, Plan Bay Area 2050, https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf, accessed July 21, 2023. 3 California Government Code Section 65302(b)(2)
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seeks to reduce single-occupancy vehicle trips, provide a safe transportation system, reduce per capita VMT, increase accessibility to destinations via cycling, walking, carpooling, and transit, and reduce GHG emissions. The TISG notes that, for land use projects and plans, automobile delay (the level of service metric) is no longer considered a significant impact on the environment under CEQA.

Caltrans’s primary review focus for a land use project’s transportation impact is now VMT. The TISG generally endorses the OPR Technical Advisory, including the thresholds in that document. Caltrans may review VMT thresholds, methodology, and mitigations.  Interim Land Development and Intergovernmental Review Safety Review Practitioners Guidance. The Interim Land Development and Intergovernmental Review (LDIGR) Safety Review Practitioners Guidance (July 2020) was developed to provide immediate direction about the safety review while final guidance is being developed. The Interim LDIGR Safety Review Practitioners Guidance does not establish thresholds of significance for determining safety impacts under CEQA. The Interim LDIGR Safety Review Practitioners Guidance states that the significance of impacts should be determined with careful judgment on the part of a public agency and based, to the greatest extent possible, on scientific and factual data consistent with Caltrans’s CEQA guidance in its Standard Environmental Reference. The Interim LDIGR Safety Review Practitioners Guidance states that Caltrans’s traffic safety staff will use available data to determine if the project may influence or contribute to locations identified by traffic safety investigations generated by network screening or initiated by Caltrans.  Deputy Directive 64-RI: Complete Streets—Integrating the Transportation System. This directive requires Caltrans to provide for the needs of travelers of all ages and abilities in all planning, programming, design, construction, operations, and maintenance activities and products on the state highway system. Caltrans supports bicycle, pedestrian, and transit travel with a focus on “complete streets” that begins early in system planning and continues through project construction and maintenance and operations.
 Director’s Policy 22. This policy establishes support for balancing transportation needs with community goals. Caltrans seeks to involve and integrate community goals in the planning, design, construction, and maintenance and operations processes, including accommodating the needs of bicyclists and pedestrians. Director’s Policy 22 recognizes that “in towns and cities across California, the State highway may be the only through street or may function as a local street,” that “these communities desire that their main street be an economic, social, and cultural asset as well as provide for the safe and efficient movement of people and goods,” and that “communities want transportation projects to provide opportunities for enhanced non-motorized travel and visual quality.”4 Director’s Policy 22 acknowledges that addressing these needs will ensure that transportation solutions meet more than just traffic and operational objectives.

Caltrans recognizes four classifications of bicycle facilities.  Class I. Commonly referred to as a bike path or bikeway, Class I facilities are separated from automobile traffic for the exclusive use of bicyclists. 4 California Department of Transportation. 2001. “Directors Policy DP-22”, accessed on February 5, 2024 at https://dot.ca.gov/-/media/dot-media/programs/transportation-planning/documents/active-transportation-completestreets/dp-22-a11y.pdf. 855
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 Class II. Commonly referred to as bike lanes, Class II facilities are dedicated for bicyclists immediately adjacent to automobile traffic.
 Class III. Commonly referred to as bike routes, Class III facilities are on-street routes where bicyclists and automobiles share the road.
 Class IV. Commonly referred to as cycle tracks or protected bike lanes, Class IV facilities combine elements of Class I and Class II facilities to offer an exclusive bicycle route immediately adjacent to a roadway, similar to a Class II facility, but includes a physical separation from traffic with raised curbs, plastic delineators, or parked automobiles.

Regional Regulations
Plan Bay Area
As described in Chapter 4, Environmental Analysis, of this Draft EA, and previously in this chapter, Plan Bay Area is the RTP/ SCS that works to align transportation and land use planning in order to reduce VMT through modified land use patterns. The current Plan Bay Area projects growth and development patterns through 2050 and a limited a focused update for year 2050+ is currently being prepared.

Bay Area Clean Air Plan
As described in Chapter 4.3, Air Quality, of this EA, the Bay Area Air Quality Management District (BAAQMD) adopted the 2017 Clean Air Plan: Spare the Air, Cool the Climate (Clean Air Plan) on April 19, 2017. The 2017 Clean Air Plan also lays the groundwork for reducing GHG emissions in the Bay Area to meet the state’s 2030 GHG reduction target and 2050 GHG reduction goal. It also includes a vision for the Bay Area in a post carbon year 2050 that encompasses the following:
 Walk, bicycle, and use public transit for most trips and use electric-powered autonomous public transit fleets.
 Incubate and produce clean energy technologies.

A comprehensive multipollutant control strategy has been developed to be implemented in the next three to five years to address public health and climate change and to set a pathway to achieve the 2050 vision.

The control strategy includes 85 control measures to reduce emissions of ozone, particulate matter, toxic air contaminants, and GHG from a full range of emission sources. These control measures cover eight sectors that contribute to GHG emissions, including transportation. The control strategy includes the following relevant priorities related to the transportation sector:
 Decrease demand for fossil fuels (gasoline, diesel, and natural gas).  Increase efficiency of the energy and transportation systems.  Reduce demand for vehicle travel and high-carbon goods and services.  Electrify the transportation and building sectors.

Congestion Management Program
The Santa Clara Valley Transportation Authority (VTA) prepared the 2021 Congestion Management Program (CMP) to reduce traffic congestion and improve land use decision-making and air quality. The 856
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CMP monitors the level of service on roadway networks. It requires cities/towns and the county to prepare a Transportation Impact Analysis report that documents the impacts that new developments would have on the CMP Roadway Network, as well as other parts of the transportation system.

Valley Transportation Plan
The Valley Transportation Plan (VTP) is the long-term comprehensive plan developed by VTA that provides policies and programs for transportation in Santa Clara County. VTP 2040, adopted in 2014, identifies programs, projects, and policies the VTA will pursue related to efficiency and mobility, sustainability and growth, connectivity and technology, air quality and energy use, and fiscal sustainability and responsibility.

Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Mobility (M), Environmental Resources and Sustainability, and Health and Safety (HS) Elements, of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider transportation impacts including vehicle miles traveled. The General Plan 2040 policies and strategies that would minimize potential adverse transportation impacts are identified in Section 4.14.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse transportation impacts in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to transportation are included in Title 11, Vehicles and Traffic, Title 14, Streets, Sidewalks, and Landscaping, and Title 17, Environmental Regulations, as follows:
 Title 11, Vehicles and Traffic. This title establishes regulations with respect to parking, traffic, and circulation. Additionally, Title 11 establishes regulations governing roadway design features, such as speed bumps.
 Chapter 14.04, Street Improvements. This chapter requires that any person who proposes to erect, construct, add to, alter, or repair any building or structure, for which a permit is required, adjacent to land of an unimproved street, must install street improvements. These improvements include, but are not limited to, street signs, curbs and gutters, driveways, sidewalks, street paving, and/or dedications and improvements of service roads, and parking facilities. CMC Section 14.04.110, Improvements Installed Prior to Permit–Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest, requires that when street improvements are made by the City in advance of development of adjacent property, upon development the property owner must reimburse City for all costs advanced.  Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental documents required as part of a General Plan update. This chapter includes specific requirements for VMT.
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 Section 17.04.040(C), Vehicle Miles Traveled Technical Report Requirements. This section requires that project applicants prepare a vehicle miles traveled (VMT) analysis, which shall include a comparison of existing VMT and project-generated VMT, for review and approval prior to project approval, indicating that the project meets the standards in CMC Section 17.08.040, Vehicle Miles Traveled (VMT) Standards.
 Chapter 17.08, Evaluation of Transportation Impacts under the California Environmental Quality Act.

This chapter contains standards relating to the use of VMT in Cupertino for evaluating transportation impacts. As a result of SB 743, the City has implemented the use of VMT in environmental review of new CEQA projects.

A. The VMT significance thresholds for land use projects and plans compared to baseline conditions are:

1. Project Effect: A significant impact would occur if the total project generated VMT per service population for the project would exceed a level of 14.4% below the citywide baseline VMT rate.

2. Project Effect: A significant impact would occur if the project increases total (boundary) countywide VMT compared to baseline conditions.

B. The VMT significance thresholds for land use and transportation projects and plans under cumulative conditions are:

1. Project Effect: A significant impact would occur if the project increases total (boundary) countywide VMT compared to cumulative no project conditions.

2. All land use and transportation projects: A significant impact would occur if the project is inconsistent with the Regional Transportation Plan/Sustainable Community Strategy Plan (Plan Bay Area).

C. The VMT significance thresholds for transportation projects are:

1. Baseline Transportation Thresholds: A significant impact would occur if a project causes a net increase in total (boundary) citywide VMT compared to baseline conditions or opening year no project conditions.

2. Cumulative Transportation Thresholds: A significant impact would occur if a project causes a net increase in total (boundary) citywide VMT compared to cumulative no project conditions.

Cupertino Bicycle Transportation Plan
The City of Cupertino 2016 Bicycle Transportation Plan (2016 Bicycle Plan) is a citywide plan to encourage bicycling as a safe, practical, and healthy alternative to cars. The 2016 Bicycle Plan includes standards for engineering, encouragement, education, and enforcement intended to improve the bicycle infrastructure in the city to enable and encourage 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.

Cupertino Pedestrian Transportation Plan
The 2018 City of Cupertino Pedestrian Transportation Plan (2018 Pedestrian Plan) presents goals, policies, and specific recommendations to increase the walkability of Cupertino. The 2018 Pedestrian Plan is a companion document to 2016 Bicycle Plan. It serves as the blueprint for Cupertino to achieve its vision of an inviting, safe, and connected pedestrian network that enhances the quality of life for all community 858
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members and to establish a guiding framework for the development and maintenance of pedestrian facilities throughout Cupertino. It includes the following types of specific recommendations to improve pedestrian conditions: pedestrian pathway projects, sidewalk improvement locations, traffic calming projects, proposed intersection improvements, and other pedestrian projects.

EXISTING CONDITIONS
Chapter 4.13, Transportation and Traffic, of the General Plan EIR, addresses the impacts regarding transportation and traffic. The setting for transportation is described in General Plan EIR Section 4.13.4, Existing Conditions and Environmental Setting. The General Plan EIR found that, for vehicular transportation, development under the Approved Project would result in additional trips and cause 16 intersections to have unacceptable levels of service; thus, conflicting with the City’s standards for traffic at that time. Though the City was not able to guarantee improvements, the General Plan EIR included Mitigation Measure TRAF-1 to reduce impacts associated with level of service. As described under subheading “Senate Bill 743” in Section 4.14.1.2, Regulatory Framework, since the certification of the General Plan EIR, the method to analyze transportation impacts has changed and level of service is no longer considered an appropriate metric for evaluating impacts under CEQA. Accordingly, Mitigation Measures TRAF-1 does not apply to the proposed Modified Project and this EA. VMT is now used as a metric to analyze project impacts. VMT measures the total number of daily miles traveled by vehicles on the roadway network and thereby the impacts on the environment from those miles traveled. Though no VMT analysis methodologies, standards, or thresholds of significance was established at the time of the General Plan EIR, VMT calculations were provided in Impact Discussion TRAF-1 in Section 4.13.6, Impact Discussion, of the General Plan EIR. As shown, the VMT per capita was projected to increase from 10.5 (2000 to 2020 General Plan) to 10.9 (Approved Project). However, Fehr & Peers prepared the Transportation Analysis for the Environmental Review (Transportation Analysis) in January 2024, which is included in Appendix E, Transportation Analysis, of this EA. Table 9, Total Project Generated VMT Assessment, of the Transportation Analysis, shows that using current standards and methodology and the City of Cupertino VMT thresholds, existing conditions without the proposed Modified Project, would generate 36.56 VMT per service population (sum of all residents and employees).

4.14.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant transportation impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
TRANS-1. Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? SU LTS TRANS-2. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? N/A SU TRANS-3. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? LTS LTS TRANS-4. Result in inadequate emergency access? LTS LTS TRANS-5. Result in a cumulatively considerable impact with respect to transportation? SU SU Note: In December 2018 amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines after the certification of the General Plan EIR in 2015. Some of the questions have been added, modified, or removed, while others have been relocated to different chapters of this EA. TRANS2, regarding CEQA Guidelines Section 15064.3, subdivision (b) was added.

Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable; N/A = not a standard of significance in the General Plan EIR
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4.14.3 IMPACT DISCUSSION
TRANS-1 Implementation of the proposed Modified Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.

As discussed in Section 4.14.1.1, Regulatory Framework, programs, plans, and policies addressing circulation in Study Area include the Complete Streets Act, Plan Bay Area, VTP 2040, 2016 Bike Plan, and 2018 Pedestrian Plan. In general, the overarching goals of these policy documents are to ensure a safe, efficient, and accessible multi-modal transportation network for all users that also reduces VMT to improve air quality and reduce GHG emissions.

Impact Discussion TRAF-5 of the General Plan EIR analyzed impacts related to other modes of transportation (transit, bicycle, and pedestrian) and found that the Approved Project would be consistent with the Complete Streets Act, VTP 2040, Plan Bay Area, 2018 Pedestrian Plan, and 2016 Bicycle Plan.

The General Plan EIR also found that the Land Use and Community Design (LU), Mobility (M), and Environmental Resources and Sustainability (ES) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would directly and indirectly result in improving the transportation network and support an increase in alternate modes of transportation, thus supporting regional goals to reduce VMT and GHG emissions, as well as support programs, plans, ordinances, or policies addressing the circulation system:
 Policy LU-1.1. Land Use and Transportation. Focus higher land use intensities and densities within a half-mile of public transit service, and along major corridors. (General Plan EIR Policy 4-7)  Policy LU-3.1. Site Planning. Ensure that project sites are planned appropriately to create a network of connected internal streets that improve pedestrian and bicycle access, provide public open space and building layouts that support city goals related to streetscape character for various Planning Areas and corridors. (General Plan EIR Policy 4-4)
 Strategy LU-8.3.3. Infrastructure and Streetscape Improvements. Improve infrastructure and streetscape in areas, such as the Crossroads or South Vallco area to encourage redevelopment as a pedestrian-oriented area that meets community design goals. (General Plan EIR Policy 4-12)  Strategy LU-12.5.1. County Development. Require development in these areas to comply with Cupertino’s hillside policies of low-intensity residential, agricultural, or open space uses, and to preserve the natural environment through clustering and/or dedication of open space. Visual impacts, access, traffic and other impacts, and service demands shall be assessed in consultation with Cupertino’s goals and policies.
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 Policy LU-13.1. Heart of the City Specific Plan. The Heart of the City Specific Plan provides design standards and guidelines for this area, which promote a cohesive, landscaped boulevard that links its distinct sub-areas and is accessible to all modes of transportation. (General Plan EIR Policy 2-26)  Policy LU-13.7.4. Traffic Calming. Evaluate options on Stevens Creek Boulevard to improve the pedestrian environment by proactively managing speed limits, enforcement, and traffic signal synchronization.
 Strategy LU -19.2.2. Existing Streets. Improve Stevens Creek Boulevard and Wolfe Road to become more bike and pedestrian-friendly with bike lanes, wide sidewalks, street trees, improved pedestrian intersections to accommodate the connects to Ninteen800, Main Street, and the surrounding areas. (General Plan EIR Policy 4-9)
 Policy LU-20.2. Streetscape and Connectivity. Future roadway improvements on Wolfe Road, Homestead Road and Tantau Avenue shall be coordinated with planned improvements to improve pedestrian, bike and transit connections. Streetscape improvements will enhance the pedestrian environment with street trees, attractive bus shelters and street furniture. The campus site should provide an attractive landscaped edge along the street. Future improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area. (General Plan EIR Policy 4-12)  Policy LU-21.3. Streetscape and Connectivity. North De Anza is envisioned as a walkable, bikeable boulevard with wide sidewalks with street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve school routes from the Garden Gate neighborhood to Lawson school to the east and provide access to transit routes. (General Plan EIR Policy 4-12)  Policy LU-21.4. Streetscape and Connectivity. South De Anza is envisioned as a walkable, bikeable boulevard with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Side streets are also envisioned with pedestrian and bicycle improvements to ensure walkable connections from adjacent neighborhoods. (General Plan EIR Policy 4-12)  Policy LU-24.2. Streetscape and Connectivity. Bubb Road is envisioned as a walkable, bikeable corridor with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings.

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 Policy M-1.3. Regional Trail Development. Continue to plan and provide for a comprehensive system of trails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. (General Plan EIR Policy 4-6)
 Policy M-2.6. Traffic Calming. Consider the implementation of best practices on streets to reduce speeds and make them user-friendly for alternative modes of transportation, including pedestrians and bicyclists.
 Policy M-3.1. Bicycle and Pedestrian Master Plan. Adopt and maintain a Bicycle and Pedestrian master plan, which outlines policies and improvements to streets, extension of trails, and pathways to create a safe way for people of all ages to bike and walk on a daily basis, and as shown in Figure M-1.  Policy M-3.2. Development. Require new development and redevelopment to increase connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, shopping and employment destinations throughout the city.
 Policy M-3.3. Pedestrian and Bicycle Crossings. Enhance pedestrian and bicycle crossings and pathways at key locations across physical barriers such as creeks, highways and road barriers.  Policy M-3.4. Street Widths. Preserve and enhance citywide pedestrian and bike connectivity by limiting street widening purely for automobiles as a means of improving traffic flow.  Policy M-3.5. Curb Cuts. Minimize the number and the width of driveway openings.  Policy M-3.6. Safe Spaces for Pedestrians. Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building entrances. (General Plan EIR Policy 4-13)  Policy M-3.7. Capital Improvement Program. Plan for improvements to pedestrian and bicycle facilities and eliminate gaps along the pedestrian and bicycle network as part of the City’s Capital Improvement Program.
 Policy M-3.8. Bicycle Parking. Require new development and redevelopment to provide public and private bicycle parking.
 Policy M-4.1. Transit Agencies. Coordinate with VTA to improve transportation service, infrastructure and access in the city, and to connect to transportation facilities such as Caltrain and VTA light rail stations.
 Policy M-4.2. Local Transportation Services. Create or partner with transit providers, employers, educational institutions, and major commercial entities to minimize gaps within local transportation services.
 Policy M-4.3. Connecting Special Areas. Identify and implement new or enhanced transit services to connect all Special Areas as identified in Figure PA-1 (Chapter 2: Planning Areas).  Policy M-4.4. Transit Facilities with New Development. Work with VTA and/or major developments to ensure all new development projects include amenities to support public transit including bus stop shelters, space for transit vehicles as appropriate and attractive amenities such as trash receptacles, signage, seating and lighting. (General Plan EIR Policy 4-7)  Policy M-4.5. Access To Transit Services. Support right-of-way design and amenities consistent with local transit goals to improve transit as a viable alternative to driving. 862
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 Policy M-4.6. Bus and Shuttle Programs. Work with large regional employers and private commuter bus/ shuttle programs to provide safe pick-up, drop-off, and park and rides in order to reduce single occupancy vehicle trips.
 Policy M-4.7. Vallco Shopping District Transfer Station. Work with VTA and/ or other transportation service organizations to study and develop a transit transfer station that incorporates a hub for alternative transportation services such as, car sharing, bike sharing and/ or other services.  Policy M-4.8: Micro-Transit. Continue to support a local micro-transit option, such as the Silicon Valley Hopper or similar service.
 Policy M-5.1. Safe Routes To Schools. Promote Safe Routes to Schools programs for all schools serving the city.
 Strategy M-5.1.1. Coordination with School Districts. Coordinate with the School Districts to develop plans and programs that encourage car/van-pooling, stagger hours of adjacent schools, establish drop-off locations, and encourage walking and bicycling to school. (General Plan EIR Policy 4-15)  Policy M-7.1. Multi-Modal Transportation Impact Analysis. Follow guidelines set by the VTA related to transportation impact analyses, while conforming to State goals for multi-modal performance targets.  Policy M-8.1. Transportation. Promote transportation policies that help to reduce greenhouse gas emissions.
 Strategy M-8.1.1. TSM Strategies. Employ TSM strategies to improve efficiency of the transportation infrastructure including strategic right-of-way improvements, intelligent transportation systems and optimization of signal timing to coordinate traffic flow.  Strategy M-8.1.2. Major and Large Employers. Require major and large employers, including colleges and schools, to develop and maintain TDM programs to reduce vehicle trips generated by their employees and students and develop a tracking method to monitor results.  Strategy M-8.1.3. TDM Ordinance. Develop and adopt a TDM ordinance to reduce vehicle trips with specific implementation actions for all development projects and a monitoring and reporting program to ensure implementation.
 Policy M-8.2. Land Use. Support development and transportation improvements that help reduce greenhouse gas emissions by reducing per service population VMT, reducing impacts on the City’s transportation network.
 Strategy M-8.2.1. Design of New Development. Require new development to include shared amenities that encourage the use of transit, bicycling, or walking as alternative modes of transportation.  Strategy M-8.2.2. Pedestrian Activity. Require new development to provide pedestrian pathways to entrances, and orient buildings and entrances to the street, to encourage pedestrian activity.  Strategy M-8.2.3. Commercial Development. Require new commercial developments to provide shared office facilities, cafeterias, daycare facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling or walking as commute modes to work.
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 Strategy M-8.2.4. Residential and Mixed-Use Development. Require new residential or mixed-use developments to provide shared bicycle parking and bike repair stations at locations close to entrances.
 Policy M-9.2. Reduced Travel Demand. Promote effective TDM programs for existing and new development.
 Strategy M-9.3.2. Streetscape Design. When reviewing the widening of an existing street, consider aesthetically pleasing enhancements and amenities to improve the safe movement of pedestrians and bicyclists in keeping with the vision of the Planning Area. (General Plan EIR Policy 4-12)  Policy M-10.1. Transportation Improvement Plan. Develop and implement an updated citywide transportation improvement plan necessary to accommodate vehicular, pedestrian and bicycle transportation improvements to meet the City’s needs.
 Policy M-10.3. Multi-Modal Improvements. Integrate the financing, design and construction of pedestrian and bicycle facilities with street projects. Build pedestrian and bicycle improvements at the same time as improvements for vehicular circulation to enable travelers to transition from one mode of transportation.
 Policy ES-1.2. Regional Growth and Transportation Coordination. Coordinate with local and regional agencies to prepare updates to regional growth plans and strategies, including the Regional Housing Allocation Needs Allocation (RHNA), One Bay Area Plan, Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS).
 Strategy ES-1.2.1. Local Plan Consistency with Regional Plans. Update and maintain local plans and strategies so they are consistent with One Bay Area Plan to qualify for State transportation and project CEQA streamlining.
 Strategy ES-2.1.9. Energy Efficient Transportation Modes. Continue to promote fuel-efficient transportation modes such as alternative fuel vehicles, driverless vehicles, public transit, car and van pooling, community and regional shuttle systems, car and bike sharing programs, safe routes to schools, commuter benefits, and pedestrian and bicycle paths through infrastructure investment, development incentives, and community education. (General Plan EIR Policy 4-3)  Strategy ES-4.2.2. Home Occupations. Review and consider expanding the allowable home-based businesses in residentially zoned properties to reduce the need to commute to work.

The Transportation Analysis, which is included in Appendix E, Transportation Analysis, of this EA,found that implementation of the proposed Modified Project would not result in modifications to the circulation system that would disrupt existing facilities or services or interfere with the implementation of planned facilities/services contained in adopted programs, plans, policies, or ordinances. However, while the proposed Modified Project would lead to increases in the city’s residential population beyond what was evaluated in the General Plan EIR, which would increase the demand on the circulation system, like the Approved Project, future developments would be required to comply with State, VTA, City, and/or other design standards regarding the transportation facilities and services. Further, as with the potential future development assessed in the General Plan EIR, potential future development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards governing transportation facilities, as necessary. Based on these considerations, and because the 2040 864
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General Plan policies and strategies would improve the transportation network, and support programs to improve the roadway network and increase travel by transit, bicycles, pedestrians to reduce GHG emissions from automobiles, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities beyond what was evaluated in the General Plan EIR. Impacts under the proposed Modified Project would be less than significant.

Significance without Mitigation: Less than significant.

TRANS-2 Implementation of the proposed Modified Project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).

CEQA Guidelines Section 15064.3(b) states for land use projects, “Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact.” CEQA Guidelines Section 15064.3(b)(4) states, “A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure.”
Since the certification of the General Plan EIR, amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines. Thus, this standard of significance was not included in the General Plan EIR; however, as stated in Section 4.14.1.3, Existing Conditions, Impact Discussion TRAF-1 of the General Plan EIR included Table 4.13-16, VMT Per Capita, of the General Plan EIR showed that VMT per capita under the 2000 to 2020 General Plan was 10.5, and under the Approved Project was 10.9. However, at the time of the General Plan EIR, the City did not have VMT analysis methodologies, standards, or thresholds of significance. . Therefore, for this EA the existing conditions calculated in the Transportation Analysis prepared for proposed Modified Project is applied to this evaluation. As described in Section 4.14.1.3, Existing Conditions, using current standards and methodology and the City of Cupertino VMT thresholds, existing conditions without the proposed Modified Project, would generate 36.56 VMT per service population (sum of all residents and employees).

Table 9, Total Project Generated VMT Assessment, of the Transportation Analysis shows that the proposed Modified Project would generate 34.80 VMT per service population, which is 1.76 VMT per service population less than the Approved Project. While less than the Approved Project, implementation of the proposed Modified Project would have an 11 percent increase in VMT over Cupertino’s VMT per service population threshold of 31.30.

VMT reduction measures to decrease the total VMT generated by the proposed Modified Project could be accomplished by implementing a transportation demand management (TDM) plan, physical site design elements, or policies and infrastructure for location efficiency. TDM refers to strategies that incentivize alternatives to automobile travel, either through financial incentives for walking, biking, and riding transit, or through additional costs to automobile use at project sites. The current standard for calculating VMT reduction efficacy from TDM strategies is the California Air Pollution Control Officers Association (CAPCOA) 2021 Handbook for Analyzing GHG Emission Reductions, Assessing Climate Vulnerabilities, and Advancing 865
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Health and Equity. Overall, CAPCOA indicates that projects in suburban areas may be able to achieve up to a 15 percent reduction in VMT. Therefore, a reduction of 11 percent in VMT per service population is feasible.

VMT reduction measures evaluated for the proposed Modified Project are listed below at the project-, community-, and county/regional-level, noting the maximum VMT reduction observed in literature.

Project-Level Measures
 Limit parking supply. When combined with companion TDM measures, reduced parking supply discourages driving by limiting easy and convenient parking options. Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies. (Reduction range: 0 to 13.7%)  Unbundle parking costs. Unbundling separates parking costs from property cost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner. This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money. (Reduction range: 0 to 15.7%)
 Employ marketing and encouragement strategies to promote non-drive-alone travel. This strategy encompasses the aspects of typical TDM programs that rely on providing customized information and incentives to encourage use of transportation alternatives in place of single occupancy vehicles. The process is typically a residential-based approach for each community. (Reduction range: 0 to 2.3%) Community-Level Measures
 Provide ride-sharing programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants and has similar limitations to strategy (2) above. The City of Cupertino is currently served by Silicon Valley Hopper, an on-demand rideshare shuttle through Via Transportation, that provides pickup and drop-off transportation services anywhere within the city service area. (Reduction range: 0 to 8%)
 Implement car-sharing program: This strategy reduces the need to own a vehicle or reduces the number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs such as ZipCar, Car2Go, and Gig. (Reduction range: 0 to 0.15%)
 Implement Bikeshare and Electric Bikeshare Program. This strategy will establish a bikeshare program.

The projects provide users with on-demand access to bicycles, electric pedal assist bicycles, and shortterm rentals. They encourage mode shift from vehicles to bicycles, displacing VMT and thus reducing GHG emissions. (Reduction range: 0 to 1%)
 Implement on-street market pricing for parking. This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behavior and may also result in areawide mode shifts. (Reduction range: 0 to 30%) County/Regional-Level Measures
 Increase transit service frequency and speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in Cupertino, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations, or it may require new forms of demand responsive transit service. A 866
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demand-responsive service could be provided as subsidized trips by contracting to private TNCs or taxi companies. Alternatively, a public transit operator could provide the subsidized service but would need to improve on traditional cost effectiveness. Note that implementation of this strategy would require regional or local agency implementation, substantial changes to current transit practices, and would not likely be applicable for individual development projects. (Reduction range: 0 to 4.6%) The Mobility (M) Element contains policies and strategies that require local planning and development decisions to consider VMT and has been updated to include the VMT reduction measures previously described. Accordingly, in addition to the 2040 General Plan policies and strategies listed under the Impact Discussion TRANS-1, which would serve to promote alternative modes of transportation, indirectly reducing VMT, like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize VMT impacts.
 Policy M-8.1. Transportation. Promote transportation policies that help to reduce greenhouse gas emissions.
 Strategy M-8.1.1. TSM Strategies. Employ TSM strategies to improve efficiency of the transportation infrastructure including strategic right-of-way improvements, intelligent transportation systems and optimization of signal timing to coordinate traffic flow.  Strategy M-8.1.2. Major and Large Employers. Require major and large employers, including colleges and schools, to develop and maintain TDM programs to reduce vehicle trips generated by their employees and students and develop a tracking method to monitor results.  Strategy M-8.1.3. TDM Ordinance. Develop and adopt a TDM ordinance to reduce vehicle trips with specific implementation actions for all development projects and a monitoring and reporting program to ensure implementation.
 Policy M-8.2. Land Use. Support development and transportation improvements that help reduce greenhouse gas emissions by reducing per service population VMT, reducing impacts on the City’s transportation network.
 Strategy M-8.2.1. Design of New Development. Require new development to include shared amenities that encourage the use of transit, bicycling, or walking as alternative modes of transportation.  Strategy M-8.2.2. Pedestrian Activity. Require new development to provide pedestrian pathways to entrances, and orient buildings and entrances to the street, to encourage pedestrian activity.  Strategy M-8.2.3. Commercial Development. Require new commercial developments to provide shared office facilities, cafeterias, daycare facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling or walking as commute modes to work.
 Strategy M-8.2.4. Residential and Mixed-Use Development. Require new residential or mixed-use developments to provide shared bicycle parking and bike repair stations at locations close to entrances.
 Policy M-8.3. Alternative Fuel Charging Stations. Develop a city-wide strategy to encourage the construction of a network of public and private alternative fuel vehicle charging/ fueling stations. 867
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Table 12, Total Project Generated VMT with Mitigations Assessment, of the Transportation Analysis shows that with implementation of the VMT reduction measures that have been incorporated into the Mobility Element, the proposed Modified Project would generate 32.95 VMT per service population, a reduction of

1.85 VMT per service population, which is not enough to reduce VMT to meet the City’s 31.30 VMT threshold. However, these VMT-reduction policies and strategies are still important considerations in evaluating the results of this VMT analysis and as appropriate they should be accounted for in subsequent VMT evaluations of specific projects as they are proposed within the city of Cupertino. Additionally, like development under the Approved Project, potential future development under the proposed Modified Project would be concentrated on a limited number of parcels and in the form of infill/intensification on sites either already developed and/or underutilized, and/or near existing residential and residentialserving development, which would further reduce VMT. Nonetheless, the overall VMT impacts from adoption and implementation of the proposed Modified Project would be potentially significant.

Impact TRANS-2: Implementation of the proposed Modified Project would exceed the adopted Cupertino vehicle miles traveled (VMT) threshold per service population of 31.30 VMT by 3.5 VMT per service population, due to forecasted growth through 2040.

Significance without Mitigation: Significant and unavoidable. The proposed Modified Project prioritizes higher residential densities than those currently allowed in Cupertino. From a land use planning perspective, the City has been very proactive in promoting a land use pattern that provides convenient access to transit, places, jobs, services, and housing in close proximity, and establishes residential densities that provide for dense and walkable neighborhoods. These land use strategies represent some of the most effective tools available to Cupertino to reduce VMT through sound land use planning and as shown, reduce VMT per service population from existing conditions from 36.56 to 34.8 VMT per service population. Accordingly, the proposed Modified Project achieves meaningful reductions in VMT generated by land uses within the city. However, as previously discussed, additional reductions in VMT would be required to achieve the threshold.

Implementation of the General Plan policies and strategies would ensure that VMT are reduced to the degree feasible. In addition, as listed under Impact Discussion TRANS-1, the City has numerous policies to promote safe and user-friendly transit and improve the bicycle and pedestrian network in Cupertino, all which would serve to promote alternative forms of transportation and reduce VMT.

Given the lack of specifics that are available for this program-level EIR, it is not possible to fully account for the effect of specific design principles, policies, and improvements that will reduce VMT as part of this analysis. Although many of the VMT-reducing design principles, policies, and improvements that are described may ultimately mitigate and/or potentially reduce the VMT impacts outlined in this evaluation, necessary details to ensure implementation and appropriately evaluate their effect are not yet available. While some of the approaches to VMT reduction described in the prior section are supportive of existing City policies and guidelines, the VMTreducing approaches cited would require further planning and development as well as committed funding sources, including those from participants in the development community. As such, it is reasonable to conclude that the findings of this analysis reflect a worst-case scenario for this program evaluation.
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The City of Cupertino would require VMT reduction measures from new and redevelopment projects through the ongoing implementation of the General Plan and Municipal Code. However, the effectiveness of these VMT reduction measures would vary based on local context, scale of intervention, and availability of non-automotive transportation. For maximum reduction in VMT, potential future development would need to implement many individual project-level strategies and be sited in an efficient, transit-adjacent location. These traits may not be feasible in all locations in Cupertino. Additionally, project-level TDM strategies are often implemented by individuals, so their use requires ongoing monitoring and adjusting to account for changes in personal and travel behavior. Due to these project-specific implementation barriers, ad hoc project-by-project mitigation is less effective for reducing VMT compared with large-scale, program-based approaches, such as an impact fee program that funds transit expansion or land use and zoning changes at a citywide level. As described, it is estimated that incorporating the VMT reduction measures incorporated into the Mobility Element would reduce the VMT per service population to 32.95. Thus, because VMT per service population from the proposed Modified Project would still exceed Cupertino’s threshold of 31.30, impacts would remain significant and unavoidable at the program level. This program-level land use impact for VMT does not preclude the finding of less-than-significant impacts for subsequent development projects that achieve applicable VMT thresholds of significance. However, due to the programmatic nature of the proposed project, no mitigation measures are available, and the impact is considered significant and unavoidable.

TRANS-3 Implementation of the proposed Modified Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment).

As described in the General Plan EIR, the Approved Project is a program-level planning effort; it does not directly address project-level design features or building specifications. Future development under the Approved Project would increase both residential and commercial land uses. As these land uses develop, construction and modifications of new and existing roadways would be necessary to support the growth.

The improvements would be designed and reviewed in accordance with the City of Cupertino Standard Details and General Plan 2040.

As with the Approved Project, the proposed Modified Project is a program-level planning effort and would not include specific design features. Thus, like the Approved Project, compliance with the City of Cupertino Standard Details and General Plan 2040 would ensure that any potential future developments from the proposed Modified Project would not increase road and travel hazards.

The General Plan EIR also found that the Land Use and Community Design (LU), Health and Safety (HS), and Mobility (M) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on hazards due to a geometric design feature or incompatible uses. Like the Approved Project, he following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize potential adverse impacts on those hazards:
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 Policy LU-20.2. Streetscape and Connectivity. Future roadway improvements on Wolfe Road, Homestead Road and Tantau Avenue should be coordinated with planned improvements to improve pedestrian, bike and transit connections. Streetscape improvements will enhance the pedestrian environment with street trees, attractive bus shelters and street furniture. The campus site should provide an attractive landscaped edge along the street. Future improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area. (General Plan EIR Policy 4-12)  Policy LU-21.3. Streetscape and Connectivity. North De Anza is envisioned as a walkable, bikeable boulevard with wide sidewalks with street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve school routes from the Garden Gate neighborhood to Lawson school to the east and provide access to transit routes. (General Plan EIR Policy 4-12)  Policy LU-21.4. Streetscape and Connectivity. South De Anza is envisioned as a walkable, bikeable boulevard with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Side streets are also envisioned with pedestrian and bicycle improvements to ensure walkable connections from adjacent neighborhoods. (General Plan EIR Policy 4-12)  Policy LU-24.2. Streetscape and Connectivity. Bubb Road is envisioned as a walkable, bikeable corridor with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings.

Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve routes from the northern and eastern neighborhood to the tri-school area, parks and services and reduce impacts caused by to school and employment traffic. (General Plan EIR Policy 4-12)  Policy M-2.2. Adjacent Land Use. Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and sidewalks to complement adjacent land uses in keeping with the vision of the Planning Area. Strive to minimize adverse impacts and expand alternative transportation options for all Planning Areas (Special Areas and Neighborhoods). Improvement standards shall also consider the urban, suburban and rural environments found within the city. (General Plan EIR Policy 4- 10)
 Policy M-3.5. Curb Cuts. Minimize the number and the width of driveway openings. (General Plan EIR Policy 4-11)
 Policy M-3.6. Safe Spaces for Pedestrians. Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building entrances. (General Plan EIR Policy 4-13)  Policy M-7.2. Protected Intersections. Consider adopting a Protected Intersection policy, which would identify intersections where improvements would not be considered, which would degrade levels of service for non-vehicular modes of transportation. Potential locations include intersections in Priority Development Areas (PDAs) and other areas where non-vehicular transportation is a key consideration, such as, near shopping districts, schools, parks and senior citizen developments. (General Plan EIR Policy 4-10)
 Policy HS-3.2. Early Project Review. Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire Department input and modifications as needed. (General Plan EIR Policy 6-13)
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 Strategy HS-3.3.3. Hillside Road Upgrades. Require new hillside development to upgrade existing access roads to meet Fire Code and City standards. (General Plan EIR Policy 6-16)  Strategy HS-8.7.2. Road Improvements to Reduce Truck Impacts. Consider road improvements such as medians, landscaping, noise attenuating asphalt and other methods to reduce quarry truck impacts. (General Plan EIR Policy 6-56)
As with the development assessed in the General Plan EIR, potential new development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards governing transportation hazards, as necessary. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more substantial hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

TRANS-4 Implementation of the proposed Modified Project would not result in inadequate emergency access.

As described in the General Plan EIR and Impact Discussion TRANS-3 of this EA, the Approved Project is a program-level planning effort; it does not directly address project-level design features or building specifications. Ongoing implementation of the General Plan 2040 policies and the City’s engineering standards would ensure that adequate emergency access is provided in Cupertino.

As with the Approved Project, the proposed Modified Project is a program-level planning effort and would not include specific design features. Thus, like the Approved Project, compliance with General Plan 2040 policies and the City’s engineering standards would ensure that adequate emergency access is provided in Cupertino.

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 Policy HS-3.3. Emergency Access. Ensure adequate emergency access is provided for all new hillside development.
 Strategy HS-3.3.2. Dead- End Street Access. Allow public use of private roadways during an emergency for hillside subdivisions that have dead-end public streets longer than 1,000 feet or find a secondary means of access. (General Plan EIR Policy 6-14)
 Strategy HS-3.3.3. Hillside Access Routes. Require new hillside development to have frequent grade breaks in access routes to ensure a timely response from fire personnel. (General Plan EIR Policy 6-15)  Policy HS-3.4. Private Residential Electronic Security Gates. Discourage the use of private residential electronic security gates that act as a barrier to emergency personnel. (General Plan EIR Policy 6-18)  Policy HS-3.5. Commercial and Industrial Fire Protection Guidelines. Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses. (General Plan EIR Policy 6-9)
 Policy HS-3.6. Fire Prevention and Emergency Preparedness. Promote fire prevention and emergency preparedness through city-initiated public education programs, the government television channel, the Internet and the Cupertino Scene. (General Plan EIR Policy 6-10)  Policy HS- 7.1. Evacuation Map. Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the general public. (General Plan EIR Policy 6-42) As with the development assessed in the General Plan EIR, potential future development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards governing emergency access, as necessary. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts to emergency access beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

TRANS-5 Implementation of the proposed Modified Project would result in a cumulatively considerable impact.

The analysis of the Approved Project in the General Plan EIR addressed cumulative impacts to the transportation network in the city and its surroundings. The General Plan EIR found that cumulative impacts would be the same as Approved Project–specific impacts and would be significant and unavoidable even with the mitigation measures described in 4.13.6, Impact Discussion, of the General Plan EIR.

Similarly, the transportation analysis conducted for the proposed Modified Project forecasts VMT for the entire service population, which exceeds the City’s threshold of 31.3 VMT per service population. This analysis includes a consideration of cumulative impacts and thus impacts would be significant and unavoidable.
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Impact TRANS-5: Implementation of the proposed Modified Project would cumulatively contribute to regional vehicle miles traveled.

Significance without Mitigation: Significant and unavoidable. The City of Cupertino would implement the policies and strategies of the proposed Modified Project. However, the effectiveness of these policies and strategies would vary based on local context, scale of intervention, and availability of nonautomotive transportation. For maximum reduction in VMT, potential future development would need to implement many individual project-level strategies and be sited in an efficient, transitadjacent location. These traits may not be feasible in all locations in Cupertino and surrounding communities. Additionally, project-level TDM strategies are often implemented by individuals, so their use requires ongoing monitoring and adjusting to account for changes in personal and travel behavior.

Due to these project-specific implementation barriers, ad hoc project-by-project mitigation is less effective for reducing VMT compared with large-scale, program-based approaches, such as an impact fee program that funds transit expansion or land use and zoning changes at a citywide level. Thus, impacts would remain significant and unavoidable.
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4.15 UTILITIES AND SERVICE SYSTEMS
This chapter describes the potential impacts to the utilities and services systems associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework and existing conditions; identifies criteria used to determine impact significance; provides an analysis of the potential impacts related to water, wastewater, stormwater, solid waste, and energy infrastructure; and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.

4.15.1 Water

REGULATORY FRAMEWORK
Federal Regulations
Safe Drinking Water Act
The Safe Drinking Water Act, the principal federal law intended to ensure safe drinking water to the public, was enacted in 1974 and has been amended several times. The Safe Drinking Water Act authorizes the United States Environmental Protection Agency (USEPA) to set national standards for drinking water, called the National Primary Drinking Water Regulations, to protect against both naturally occurring and human-made contaminants. These standards set enforceable maximum contaminant levels in drinking water and require all water providers in the United States to treat water to remove contaminants, except for private wells serving fewer than 25 people. In California, the State Water Resources Control Board (SWRCB) conducts most enforcement activities. If a water system does not meet standards, it is the water supplier’s responsibility to notify its customers.

America’s Water Infrastructure Act of 2018
America's Water Infrastructure Act (AWIA), signed into law on October 23, 2018, authorizes federal funding for water infrastructure projects, expands water storage capabilities, assists local communities in complying with the Safe Drinking Water Act and Clean Water Act (CWA), reduces flooding risks for rural, western, and coastal communities, and addresses significant water infrastructure needs in tribal communities.1 Additionally, the AWIA requires that drinking water systems that serve more than 3,300 people develop or update risk assessments and emergency response plans. Risk assessments and emergency response plans must be certified by the USEPA within the deadline specified by the AWIA. 1 United States Environmental Protection Agency, 2024. America’s Water Infrastructure Act of 2018 (AWIA)t, https://www.epa.gov/ground-water-and-drinking-water/americas-water-infrastructure-act-2018-awia, accessed January 14, 2024.
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State Regulations
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act, which was passed in California in 1969 and amended in 2013, is the basic water quality control law for California. Under this Act, the SWRCB has authority over State water rights and water quality policy. This Act divided the state into nine regional basins, each under the jurisdiction of a Regional Water Quality Control Board (RWQCB) to oversee water quality on a day-today basis at the local and regional level. RWQCBs engage in a number of water quality functions in their respective regions. RWQCBs regulate all pollutant or nuisance discharges that may affect either surface water or groundwater. The Study Area is within the jurisdiction of the San Francisco Bay RWQCB (Region 2).

SWRCB Division of Drinking Water
The California Division of Drinking Water regulates public water systems within California; oversees water recycling projects; permits water treatment devices; and supports and promotes water system security.

The Division of Financial Assistance provides funding opportunities for drinking water system improvements; provides support for small water systems and for improving technical, managerial, and financial capacity; and certifies drinking water treatment and distribution operators. The Field Operations Branch of the Division of Drinking Water is responsible for the enforcement of the federal and California Safe Drinking Water Acts and the regulatory oversight of approximately 7,500 public water systems to ensure the delivery of safe drinking water to all Californians. In this capacity, Field Operations Branch staff perform field inspections, issue operating permits, review plans and specifications for new facilities, take enforcement actions for noncompliance with laws and regulations, review water quality monitoring results, and support and promote water system security.

Urban Water Management Planning Act (Senate Bills 610 and 221) The California Urban Water Management Planning Act and Section 10620 of the Water Code require that all urban water suppliers in California that provide water to more than 3,000 customers or supply more than 3,000 acre-feet per year (AFY)2 to prepare and adopt an Urban Water Management Plan (UWMP) and update it every five years. The act is intended to support efficient use of urban water supplies. It requires the UWMP to compare water supply and demand over the next 20 years for normal years, single dry years, and multiple dry years and to determine current and potential recycled water uses.

Senate Bill (SB) 610 and SB 221 were enacted to 1) ensure better coordination between local water supply and land use decisions and 2) confirm that there is an adequate water supply for new development. The following projects that are subject to the California Environmental Quality Act (CEQA) are required to prepare a Water Supply Assessment (WSA):
 Residential developments consisting of more than 500 dwelling units. 2 One acre-foot is the amount of water required to cover one acre of ground (43,560 square feet) to a depth of one foot. 875
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 Shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.
 Commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.
 Hotel or motel, or both, having more than 500 rooms.
 Industrial, manufacturing, or processing plant or industrial park planned to employ more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
 Mixed-use project that includes one or more of the projects specified above.  Project that would demand an amount of water equivalent to, or greater than, the amount of water required for 500 dwelling units.

SB 221 requires written verification that there is sufficient water supply available for new residential subdivisions that include over 500 dwelling units. The verification must be provided before commencement of construction for the project.

Sustainable Groundwater Management Act of 2014
In the midst of a major drought in 2014, a three-bill legislative package was signed into law collectively known as the Sustainable Groundwater Management Act (SGMA). The Governor’s signing message states “a central feature of these bills is the recognition that groundwater management in California is best accomplished locally.” Under SGMA, local and regional agencies in groundwater basins that are designated as medium and high priority must form groundwater sustainability agencies (GSAs) that oversee the preparation and implementation of groundwater sustainability plans (GSPs).

The City of Cupertino is within the Santa Clara Valley Groundwater Basin, which is further divided into the Santa Clara and Llagas Subbasins. Valley Water is the Groundwater Sustainability Agency (GSA) for this groundwater basin and submitted the 2016 Groundwater Management Plan as an alternative to a Groundwater Sustainability Plan (GSP). This has been approved by the Department of Water Resources (DWR). The Groundwater Management Plan describes the basin setting and conditions, water supplies and groundwater budget, sustainability management criteria, and basin management programs and activities.3

Water Conservation Act of 2009
The Water Conservation Act of 2009 (SB X7-7) requires all water suppliers to increase water use efficiency.

The legislation sets an overall goal of reducing per capita water use by 20 percent by 2020, with an interim goal of a 10 percent reduction in per capita water use by 2015. Effective in 2016, urban retail water suppliers who do not meet the water conservation requirements established by this bill are not eligible for State water grants or loans. The SB X7-7 requires that urban water retail suppliers determine baseline 3 Santa Clara Valley Water District, 2016. Groundwater Management Plan. 876
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water use and set reduction targets according to specified standards. Demonstration of compliance with this regulation is a required component of each water purveyor’s 2020 UWMP. The two water purveyors with service areas within the City of Cupertino, San Jose Water and California Water Service, are in compliance with their target reductions.
2018 Water Conservation Legislation
In 2018, the California Legislature enacted two policy bills (SB 606 and Assembly Bill [AB] 1668) to establish long-term improvements in water conservation and drought planning to adapt to climate change and longer and more intense droughts in California.4 The DWR and SWRCB will develop new standards for:
 Indoor residential water use
 Outdoor residential water use
 Commercial, industrial, and institutional water use for landscape irrigation with dedicated meters  Water loss
Urban water suppliers are required to stay within annual water budgets based on their standards for their service areas, and to calculate and report their urban water use objectives in an annual water use report.

Based on recent legislation (SB 1157), the California Water Code defines a 55-gallon-per-person daily standard for indoor residential use until 2025, at which time it decreases to 47 gallons, and further decreases to 42 gallons by 2030.

The legislation also includes changes to UWMP preparation requirements. These changes include additional requirements for Water Shortage Contingency Plans (WSCPs), expansion of dry year supply reliability assessments to a five-year drought period, establishment of annual drought risk assessment procedures and reporting, and new conservation targets referred to “annual water use objectives,” which require retailers to continue to reduce water use beyond the 2020 SB X7-7 targets.

Mandatory Water Conservation
Following the declaration of a state of emergency on July 15, 2014, due to drought conditions, the SWRCB adopted Resolution No. 2014-0038 for emergency regulation of statewide water conservation efforts.

These regulations, which went into effect on August 1, 2014, were intended to reduce outdoor urban water use and have all California households voluntarily reduce their water consumption by 20 percent.

Water companies with 3,000 or more service connections were required to report monthly water consumption to the SWRCB. The SWRCB readopted the regulations several times, most recently requiring local water agencies to implement Level 2 drought contingency plans. In March 2023, Governor Newsom announced the lifting of some of the drought restrictions following a wet winter, including the Level 2 demand reduction actions.

However, there are portions of the water conservation emergency regulations that remain in effect. These include prohibitions of wasteful water use practices: 1) the application of potable water to outdoor landscapes in a manner that causes excess runoff; 2) the washing of vehicles without an automatic shut4 California Department of Water Resources, 2021, 2018 Water Conservation Legislation, https://water.ca.gov/Programs/Water-Use-And-Efficiency/2018-Water-Conservation-Legislation, accessed August 23, 2023. 877
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off nozzle; 3) the application of potable water to driveways and sidewalks; 4) the use of potable water in nonrecirculating ornamental fountains; and 5) the application of potable water to outdoor landscapes during and within 48 hours after at least 0.25 inch of rainfall. In addition, watering decorative grass in commercial, industrial, and institutional areas is currently prohibited but is set to expire June 2024.

However, AB 1572, signed into law on October 13, 2013, would make this ban permanent, unless these areas are using recycled water. Urban water suppliers are still required to submit monthly water monitoring reports to the SWRCB.

Water Conservation in Landscaping Act of 2006
The Water Conservation in Landscaping Act (AB 1881) requires cities and counties to adopt the State of California’s Model Water Efficient Landscape Ordinance (MWELO) or adopt a comparable landscape water conservation ordinance that is at least as effective as the State’s MWELO in conserving water.

The MWELO was revised in July 2015 via Executive Order B-29-15 to address the ongoing drought and to build resiliency for future droughts. The 2015 revisions to the MWELO increased water efficiency standards for new and retrofitted landscapes through more efficient irrigation systems, greywater usage, and on-site stormwater capture and by limiting the portion of landscapes that can be covered in turf. Each city and county is required to submit annual reports to DWR that document how the agency is achieving compliance with the State MWELO and how many projects were subject to the ordinance during the annual reporting period.

The City of Cupertino adopted its own WELO Ordinance in Cupertino Municipal Code (CMC) Title 14, Chapter 14.15, Landscape Ordinance. The ordinance applies to all new and rehabilitated landscape projects that require a building or grading permit, planning permit, or grading permit, and any landscape installation or rehabilitation project. It is more stringent than the State MWELO and complies with the regulation.

California Water Code
The California Water Code states that the water resources of the State must be put to beneficial use and that waste or unreasonable use of water be prevented. The code is divided into several sections that include provisions regarding water quality, formation of irrigation districts and water districts, safe drinking water, and water supply and infrastructure improvements.

California Plumbing Code
The latest version of the California Plumbing Code was issued in 2022 and became effective as of January 1, 2023. The code is updated on a three-year cycle. It specifies technical standards for the design, materials, workmanship, and maintenance of plumbing systems. One of the purposes of the plumbing code is to prevent conflicting plumbing codes within local jurisdictions. Among many topics covered in the code are water fixtures, potable and non-potable water systems, and recycled water systems. The City of Cupertino adopts the California Plumbing Code under CMC Chapter 16.20.010, Adoption of the 2022 California Plumbing Code.
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California Building Code: CALGreen
The California Building Standards Commission adopted the nation’s first green building standards in July 2008, the California Green Building Standards Code, also known as CALGreen. CALGreen applies to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure in California. The code establishes building standards for sustainable site development, including water efficiency and water conservation measures that typically reduce water consumption by 20 percent.

In addition, pursuant to CALGreen Section 5.408, at least 65 percent of the nonhazardous construction and demolition waste from residential and nonresidential construction operations must be recycled and/or salvaged for reuse.

CALGreen is updated every three years to allow for consideration and possible incorporation of new low flow plumbing fixtures and water efficient appliances. The mandatory provisions of CALGreen became effective January 1, 2011, and the latest 2022 version became effective on January 1, 2023. The building efficiency standards are enforced through the local building permit process. The City of Cupertino has regularly adopted each new CALGreen update under CMC Chapter 16.58, Green Building Standards Code.

California Health and Safety Code
A portion of the State Health and Safety Code is dedicated to water issues, including testing and maintenance of backflow prevention devices, coloring of pipes carrying recycled water, and programs addressing cross-connection control by water users.

Regional Regulations
Bay Area Integrated Regional Water Management Plan
The Bay Area Integrated Regional Water Management Plan (IRWMP) is a nine-county effort to coordinate and improve water supply reliability, protect water quality, manage flood protection, maintain public health standards, protect habitat and watershed resources, and enhance the overall health of San Francisco Bay. Some of the stakeholders and participating agencies in preparing the IRWMP include members of the Santa Clara Basin Watershed Management Initiative, which includes the City of Cupertino and Valley Water. The IRWMP is dated 2019; however, there is an addendum with an updated list of past and current projects dated 2023.5
Bay Area Regional Reliability Partnership
Valley Water is one of eight Bay Area water agencies that are working together to develop regional solutions for improving water supply reliability for over six million area residents and thousands of industries and businesses. The Partnership recently completed a Drought Contingency Plan and one of the projects in the plan is expansion of the Los Vaqueros Reservoir. This project would provide Valley Water 5 San Francisco Bay Area Region, 2019. San Francisco Bay Area Integrated Regional Water Management Plan. with Updated Project List, dated 2023.
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with emergency storage, alternative conveyance options, and increase flexibility in managing its water supplies. The expansion project is scheduled for completion in 2030.6 Santa Clara Valley Water District (Valley Water)
The Santa Clara Valley Water District, also known as Valley Water, is a water resources agency responsible for balancing flood protection needs with the protection of natural watercourses and habitat in the Santa Clara Valley. Founded in 1929, the SCVWD serves all of Santa Clara County, including 15 cities and 2 million residents; provides wholesale water supply and groundwater management; operates three water treatment plants and a recycled water purification center; manages 10 dams and water reservoirs and 276 acres of groundwater recharge ponds; and provides flood protection along the creeks and rivers in the county.

Water Supply Master Plan
The Water Supply Master Plan (WSMP) is Valley Water’s guidance document for long-term water supply investments. Updated approximately every five years, this long-range plan assesses future water demands within Santa Clara County and evaluates and recommends water supply and infrastructure projects to meet those demands.7 The most recent plan, Water Supply Master Plan 2040, was adopted in 2019.

Valley Water has started a two-year process in 2023 to develop the Water Supply Master Plan 2050, which extends the planning horizon to 2050 for reliable water supply in the future. New projects will be identified and evaluated, which will include advanced purified water projects, new supply and storage projects, and improvements to the existing system.8
Groundwater Management Plan
Valley Water has been managing groundwater in the Santa Clara and Llagas Subbasins since 1929 and conditions in these subbasins have been sustainable for decades due to Valley Water’s extensive groundwater recharge program. As per SGMA requirements, basins that are designated as medium and high priority must form groundwater sustainability agencies (GSAs) and develop and implement groundwater sustainability plans (GSPs) or alternative plans to achieve sustainability.

Valley Water is the sole designated Groundwater Sustainability Agency (GSA) for these groundwater subbasins and has a Department of Water Resources (DWR) approved Alternative to a Groundwater Sustainability Plan (GSP).
9 The 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins describes Valley Water’s comprehensive groundwater management programs, including existing and future actions to maintain basin sustainability.10 6 Valley Water, 2024. Bay Area Regional (BARR) Partnership. https://www.valleywater.org/your-water/water-supplyplanning/bay-area-regional-reliability-partnership accessed on January 15, 2024. 7 Valley Water, 2019. Santa Clara Valley Water District Water Supply Master Plan 2040. 8 Valley Water, 2024. Water Supply Master Plan. https://www.valleywater.org/your-water/water-supply-planning/watersupply-master-plan accessed on January 15, 2024. 9 Valley Water, 2021. 2020 Urban Water Management Plan. 10 Valley Water, 2021. Groundwater Management Plan for the Santa Clara and Llagas Subbasins. 880
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CVPIA Water Management Plan
Valley Water imports about half of its water supply via contracts with the State Water Project and the federal Central Valley Project (CVP). Every five years, CVP contractors are required by the Bureau of Reclamation to prepare a Water Management Plan (WMP) to meet the requirements of the Central Valley Project Improvement Act (CVPIA). Valley Water has completed its 2022 WMP, which documents the service area characteristics, operation and management of its system, inventory of current water resources, and water conservation and demand management efforts that have been implemented over the past five years.11
One Water Plan
Valley Water has completed the One Water Plan: Santa Clara Countywide Framework, which is an integrated approach to water resources management on a watershed scale. The program integrates flood protection, stream stewardship, and water supply and includes five objectives:12  Protect and maintain water supplies.
 Protect and improve surface water and groundwater quality.  Reduce flood risk.
 Protect, enhance, and sustain natural ecosystems.
 Mitigate and adapt to climate change.

Metrics that evaluate the effectiveness of meeting the objectives are included in the Countywide Framework Plan. The One Water Coyote Creek Watershed Plan has been completed, the One Water Guadalupe Watershed Plan and the One Water Pajaro Watershed Plan are currently in preparation, and the One Water West Valley Watershed Plan and the One Water Lower Peninsula Watershed Plan are in the planning stage.

Valley Water 2020 Urban Water Management Plan
Valley Water’s 2020 Urban Water Management Plan (UWMP) documents current and projected water supplies and demands over the next 25 years during normal and drought years, as well as water reliability analysis and water conservation efforts. Valley Water is the wholesale water purveyor for Santa Clara County. The 2020 UWMP states that Valley Water has adequate water supplies to serve all of its Countywide demands under normal, single-dry year, and multiple-dry year conditions through 2045. If a five-year drought were to occur, Valley Water would implement its Water Shortage Contingency Plan (WCSP) and employ a range of response actions, including water conservation, using water stored in the Semitropic Groundwater Storage Bank in Kern County, imported water transfers and exchanges, and calling for short-term water use reduction.13
11 Valley Water, 2024. CVPIA Water Management Plan. https://www.valleywater.org/your-water/water-supplyplanning/cvpia-water-management-plan accessed on January 15, 2024. 12 Valley Water, 2022. One Water Plan – Santa Clara Countywide Framework. An Integrated Approach to Water Resources Management.
13 Valley Water, 2021. 2020 Urban Water Management Plan. 881
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San Jose Water 2020 Urban Water Management Plan
San Jose Water (SJW) provides potable water to approximately one million residents in Santa Clara County.

In addition to its own water system, SJW also operates and maintains the Cupertino Municipal Water System through a lease agreement. Because both systems are operated by SJW and are contiguous, the two systems are reported together in the SJW 2020 UWMP. SJW also provides water to, but does not manage, several small water systems that are adjacent to SJW’s service area. The SJW service area spans about 145 square miles, including most of the cities of San Jose and Cupertino, the entire cities of Campbell, Monte Sereno, Saratoga, the Town of Los Gatos, and parts of unincorporated Santa Clara County.14
SJW obtains its water supply from groundwater pumped from the Santa Clara Subbasin (managed by Valley Water), purchased surface water from Valley Water, surface water from local watersheds, and recycled water purchased from South Bay Water Recycling. However, SJW’s recycled water distribution network does not extend into the City of Cupertino.

The 2020 UWMP states that there are sufficient water supplies to meet existing and future water demands for normal years, single-dry years, and multiple-dry years through 2045. The 2020 UWMP assumes a 34 percent increase in population in SJW’s service area between 2020 and 2045. The 2020 UWMP also provides a water shortage contingency plan, demand management measures to increase water use efficiency, and current and planned future water conservation efforts.

California Water Service Urban Water Management Plan
California Water Service, Los Altos Suburban (LAS) District, provides potable water to northern Santa Clara County and primarily serves the City of Los Altos. However, its service area extends to portions of the cities of Cupertino, Los Altos Hills, Mountain View, Sunnyvale, and adjacent unincorporated areas of Santa Clara County.15 The northeastern portion of Cupertino is within CWS’s service area.

Similar to SJW’s 2020 UWMP, CWS’s 2020 UWMP states that there is sufficient water available to serve all of its customers’ needs during normal years, single-dry years, and multiple-dry years through 2045. CWS obtains its water supplies from groundwater pumped from the Santa Clara Subbasin, treated water purchased from Valley Water, and recycled water received from the Sunnyvale Water Pollution Control Plant.

Local Regulations
General Plan 2040
The Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to water resources and water conservation measures. Applicable policies and strategies 14 San Jose Water, 2021. 2020 Urban Water Management Plan. 15 California Water Service, 2021. 2020 Urban Water Management Plan, Los Altos Suburban District. 882
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that would minimize potential adverse impacts to hydrology and water quality are identified in Section

4.15.1.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse impacts to water resources in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to water utilities are included in Title 3, Franchises, Title 14, Streets, Sidewalks and Landscaping, Title 15, Water and Sewage, Title 16, Building and Construction, and Title 17, Environmental Regulations, as follows:
 Chapter 6.16, Water: California Water Service, grants this company the right to operate and distribute water for domestic, agricultural, industrial, commercial, and other uses and purposes within the City of Cupertino with a portion of the annual revenue paid to the City.  Chapter 6.20, Water: San Jose Water Works, grants this company the right to operate and distribute water for domestic, agricultural, industrial, commercial, and other uses and purposes within the City of Cupertino with a portion of the annual revenue paid to the City.  Chapter 14.15, Landscaping Ordinance, establishes water-efficient landscaping standards to conserve water use on irrigation. The provisions of this chapter apply to landscaping projects that include irrigated landscape areas exceeding 2,500 square feet, which requires submittal of a Landscape Documentation Package, which includes a water-efficient landscape checklist, water budget calculations, landscape, irrigation, and grading design plans, and soil management report. Also, landscape area less than 500 square feet are required to comply with the Prescriptive Compliance Application (water efficient checklist, landscape design plans and irrigation plans). Landscape areas between 500 and 2,500 square feet may require either a Prescriptive Compliance Application or a Landscape Documentation Package.
 Chapter 15.04, Waterworks System: Rates and Charges, requires that all rates and charges imposed by the water providers upon customers of the water system shall be approved by the City Council and any changes in rates are subject to public notification and hearings.  Chapter 15.32, Water Conservation, establishes water conservation measures to reduce the consumption of water, prevent water waste, and maximize the efficient use of water in the city. These measures may be implemented by the water purveyors, San Jose Water and California Water Service, or any other water suppliers that serve the city, as well as Valley Water, as the wholesale water supplier. The chapter details prohibited uses of water and restrictions on water use as a result of drought or other supply conditions.
 Chapter 16.58, Green Building Standards Code, includes the CALGreen requirements with provisions for local amendments as needed. This chapter codifies green building techniques, including measures affecting water use efficiency and water conservation. 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 Section 16.58.220, single-family homes, multi-family homes with more than nine homes, and buildings larger than 50,000 square feet are required to be Leadership in Energy & Environmental 883
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Design (LEED)16 certified, and buildings from 25,000 to 50,000 square feet are required to be Silver certified. Section 16.58.230 permits applicants to apply an alternate green building standard for a project in lieu of the minimum standards outlined in Section 16.58.220 that meet the same intent of conserving resources and reducing solid waste.
 Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental documents required as part of a General Plan 2040 update. This chapter includes specific requirements for utilities and service systems permits.  Section 17.04.050 (I)(2). Ensure Adequate Water Supply and Infrastructure. The project applicant shall obtain written approval from the appropriate water service provider for water connections, service capability, and layout of water lines and backflow preventers, prior to issuance of the first permit.

Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to water supply associated with buildout of the General Plan 2040 at a program level for both water purveyors in Cupertino (San Jose Water (SJW), and California Water Service-Los Altos District (Cal Water - LAS). Both water providers have service areas that extend beyond the limits of the City.

The setting for water utilities is described in detail under Existing Conditions in Section 4.14.1, Water, of the General Plan EIR.

Since the certification of the General Plan EIR, the City has codified regulations to reduce water utility impacts in CMC Chapter 17.04, Standard Environmental Protection Requirements, as described under the Municipal Code heading in Section 4.15.1.1, Regulatory Framework. Section 17.04,050 (I)(2) is included to minimize impacts to water resources and ensure adequate water supply and infrastructure.

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant impact to water supply if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-1. Have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? LTS LTS UTIL-2. Require or result in the construction of new water facilities or expansion of existing facilities, the construction of which would cause significant environmental effects?

LTS LTS
UTIL-3. Result in a cumulatively considerable impact with respect to water services. LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable 16 Leadership in Energy & Environmental Design (LEED) is a green building certification program that recognizes best-in-class building strategies and practices that reduce consumption energy, and water, and reduce solid waste directly diverted to landfills. LEED certified building are ranked in order of efficiency from Certified, Silver, Gold, and Platinum. 884
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IMPACT DISCUSSION
UTIL-1 Implementation of the proposed Modified Project would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years.

The General Plan EIR found that future development under the Approved Project would include the latest technology in water-efficient plumbing fixtures and irrigation systems, as specified in the 2010 California Plumbing Code and the Cal Water’s and SJWC’s water efficiency measures relevant to new residential and commercial development. Table 4.14-7, Projected Water Demand Cal Water LAS District + Proposed Project (AFY), in the General Plan EIR shows that there is adequate supply for the Approved Project from Cal Water. Additionally, Table 4.14-12, SJWC 2035 Supply and Demand -- Normal, Single-Dry, and MultipleDry Years (acre feet), in the General Plan ER shows that there is adequate supply for the 2035 demand levels.

At full buildout, the proposed Modified Project would result in 3,312 net new dwelling units. Based on Figure 3-3, Housing Element (2023-2031) Opportunity Sites, the identified housing sites would be about equally split between the two water providers’ service areas. Therefore, the following analysis of increased water demand associated with the proposed Modified Project focuses on the service areas of both water purveyors.

Potential future development under the proposed Modified Project would be required to comply with the more stringent requirements of CALGreen, California Plumbing Code, and the City’s Landscape Ordinance, as described above in Section 4.15.1.1, Regulatory Framework, compared to the requirements described in the General Plan EIR. Although new residential construction typically achieves a reduction in water usage rates of 20 percent through compliance with these regulations, 17 this analysis conservatively
assumes that water usage would be similar to the rates provided in the Cal Water LAS and SJW UWMPs. It is assumed for this analysis that all of the new housing units will be multi-family residential, as described in Chapter 3.0, Project Description, of this EA.

The water demand factor for multi-family residential was obtained from the SJW 2020 UWMP, which lists typical water usage for multi-family residential land use as 60 gallons/capita/day (gpcd). Assuming 2.94 people per household in Cupertino,this equates to 176 gallons/day per dwelling unit.18 Table 4.15-1, Increase in Water Demand with 2040 Buildout, provides the estimated increase in water demand for the proposed Modified Project.
17 As described in Section 4.15.1.1, Regulatory Framework, implementation of CALGreen site development standards for water efficiency and water conservation reduce water consumption by 20 percent. 18 The SJW water usage for multi-family land uses of 60 gallons per day per capita is used for both water districts for consistency in the analysis.
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TABLE 4.15-1 INCREASE IN WATER DEMAND WITH 2040 BUILDOUT Water Purveyor
Number
(DUs) Water Use Factor
Increase in Water
Demand (gpd)a
Increase in Water
Demand (AFY)
Cal Water LAS 1,656 176 gpd/DU 291,456 326
San Jose Water 1,656 176 gpd/DU 291,456 326
Total 3,312 582,912 653
Notes: DUs = dwelling units; gpd = gallons per day; AFY = acre feet per year; gpcd = gallons per capita per day a. Demand calculations do not account for water conservation efforts and the effect of reduced water demand for new construction due to compliance with the CALGreen Building Code and the latest California Plumbing Code.

Source: PlaceWorks, 2024
Cal Water LAS Water Supply and Demand
Because Cal Water LAS serves Los Altos, Los Altos Hills, Cupertino, a small portion of Sunnyvale, and unincorporated areas of Santa Clara County, the proportion of 2040 water demand that would be attributed to Cupertino was determined based on the increase in populations of Los Altos, Los Altos Hills, and Cupertino between 2020 and 2040. Cupertino provides the majority of the overall water demand in the Cal Water LAS service area. The population estimates were obtained from the Plan Bay Area 2040. 19 The population projections show that 73 percent of the overall growth within the Cal Water LAS service area will be in Cupertino, and the population density is higher in Cupertino. Because approximately half of Cupertino is within the Cal Water LAS service area, it is assumed that 50 percent of the increase in water demand in 2040 in the Study Area will be in the Cal Water LAS service area. A supply and demand analysis is provided in Table 4.15-2, Increase in Water Demand in Cal Water LAS Service Area with Proposed Modified Project.

TABLE 4.15-2 CAL WATER LAS SERVICE AREA WITH PROPOSED MODIFIED PROJECT Normal Year
2020 Existing
Demand
(AFY)
2020 to 2040
Projected
Demand
Increase
(AFY)
2040 Total
Water Demand
(AFY)
2040 Projected
Water Supply
(AFY)
2040 Demand
Exceeds Supply?
Cal Water Total Service
Area, from 2020 UWMP 13,087 414 13,766 13,766 No
Cupertino Service Area, with
2040 Modified Project 6,543.5 a 326 b 6,870 6,883 c No
Notes: AFY = acre feet per year
a. Assumed to be 50 percent of total water demand as reported in Cal Water’s UWMP. b. Based on projected buildout under the proposed project, as shown in Table 4.17-1, Increase in Water Demand with 2040 Buildout. c. Assumed to be 50 percent of total water supply as reported in Cal Water’s UWMP.

Source: Cal Water, 2021, 2020 Urban Water Management Plan; PlaceWorks, 2024. 19 Association of Bay Area Governments, 2018. Plan Bay Area Projections 2040. 886
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The sources of water supply for Cal Water LAS are a combination of groundwater, recycled water, and purchased water from Valley Water, which is the wholesale water provider for Santa Clara County and imports water through the South Bay Aqueduct of the California State Water Project and the San Felipe Division of the federal Central Valley Project. Approximately 79 percent of Cal Water LAS’s water supply is surface water purchased from Valley Water.

Cal Water LAS also pumps groundwater from the Santa Clara Subbasin to supplement its surface water supplies. In 2020, Cal Water LAS pumped 2,729 AFY for this groundwater basin, which is about 21 percent of the total water supply. The Santa Clara Subbasin is not adjudicated, meaning a court has not issued a ruling over the legal rights to the water of the water users within the basin, and the basin is not in a condition of critical overdraft. Valley Water is the GSA for this subbasin and prepared an Alternative GSP, which has been approved by DWR. The Alternative GSP provides conditions to maintain sustainable groundwater management of the basin.

Cal Water LAS also uses a small amount of recycled water from the Sunnyvale Water Pollution Control Plant. The recycled water infrastructure is limited in Cupertino to the Apple Campus 2 site at this time, but Cal Water LAS is pursuing other potential recycled water service connections.20 Cal Water LAS supply and demand comparison for normal, single-dry year, and multiple-dry years through 2040 are provided in Table 4.15-3, Cal Water PAS Supply and Demand Comparison: 2025 to 2040 (AFY).

TABLE 4.15-3 CAL WATER LAS SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Normal Year
Supply Totals 13,107 13,103 13,424 13,766
Demand Totals 13,107 13,103 13,424 13,766
Difference 0 0 0 0
Single Dry Year
Supply Totals 13,702 13,698 14,029 14,381
Demand Totals 13,702 13,698 14,029 14,381
Difference 0 0 0 0
Multiple Dry Years
First Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Second Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
20 Cal Water, 2021, 2020 Urban Water Management Plan.
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TABLE 4.15-3 CAL WATER LAS SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Third Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Fourth Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Fifth Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Source: Cal Water, 2021, 2020 Urban Water Management Plan.

As can be seen in Table 4.15-3, Cal Water -LAS predicts that there will be sufficient water supplies to meet demand through year 2040 during normal, single-dry, and multiple-dry years. In addition, the table shows that during single-dry years and multiple-dry years, the water demand will increase. However, the supply will meet the demand under normal and drought conditions.

The Cal Water LAS 2020 UWMP also assumes that water conservation efforts would result in a decrease in per capita water demand, even with population increases. The Cal Water LAS 2020 UWMP shows future conservation savings of 474 AFY in 2040. The calculations provided in Table 4.15-1, Increase in Water Demand with 2040 Buildout, do not account for water conservation efforts and the effect of reduced water demand for new construction due to compliance with the CALGreen Building Code and the latest California Plumbing Code.

Cal Water LAS will continue to implement water conservation measures, including rebate, give-away, and direct installation programs aimed at plumbing fixture replacement, irrigation equipment, and landscape efficiency. Cal Water LAS has a rebate program for high-efficiency toilet replacement, high-efficiency urinal replacement, and high-efficiency clothes washer replacement. Cal Water LAS also has residential conservation kits that are free, with high-efficiency showerheads, bathroom and kitchen faucet aerators, toilet leak tables, and an outside full-stop hose nozzle. For outdoor water use, Cal Water provides rebates for smart irrigation controllers, high-efficiency sprinkler nozzles, large rotary nozzle replacement, spray bodies with pressure regulation and check valves, and turf replacement. Cal Water also provides landscape audits and sprinkler adjustments at no charge, technical assistance through the residential customer portal, and commercial water surveys. Continued implementation of these programs will ensure that per capita water demand decreases over time, even as the service area population increases. In the event of drought conditions, Cal Water LAS’s Water Shortage Contingency Plan would be activated with water restrictions ranging from 10 percent to greater than 50 percent. At a Stage 6 level (demand greater than 50 percent), a moratorium on new water service connections would be implemented. 888
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San Jose Water Supply and Demand
San Jose Water (SJW) provides potable water to approximately one million residents in Santa Clara County, including the cities of San Jose, Campbell, Saratoga, Monte Sereno; the town of Los Gatos; and unincorporated areas of Santa Clara County. In addition, SJW operates and maintains the Cupertino Municipal Water System through a lease agreement. Most of the service area is built out and new development is primarily urban infill projects. Most of the future growth in the SJW service area is expected to be multi-family residential.21
The proportion of 2040 water demand that would be attributed to Cupertino was determined based on the populations of the cities and towns within SJW’s service area, as obtained from the Bay Area Plan Projections 2040.22 The population of San Jose represents approximately 84 percent of the service area, and Cupertino is the second largest population of the service area at 7 percent. Therefore, it is assumed that 7 percent of the current and future water demand within the SJW service area can be attributed to the Study Area. A supply and demand analysis is provided in Table 4.15-4, Increase in Water Demand in SJW Area with Proposed Modified Project.

TABLE 4.15-4 INCREASE IN WATER DEMAND IN SJW SERVICE AREA WITH PROPOSED MODIFIED PROJECT Normal Year
2020 Existing
Demand
(AFY)
2020 to 2040
Projected
Demand
Increase
(AFY)
2040 Total
Water Demand
(AFY)
2040 Projected
Water Supply
(AFY)
2040 Demand
Exceeds Supply?
SJW Total Service Area, from
2020 UWMP 123,952 14,626 138,578 138,578 No
Cupertino Service Area, with
Proposed Modified Project 8,677 a 326 b 9,003 9,700 c No Notes: AFY = acre feet per year
a. Assumed to be 7 percent of total water demand as reported in Cal Water’s UWMP. b. Based on projected buildout under the proposed project, as shown in Table 4.17-1, Increase in Water Demand with 2040 Buildout. c. Assumed to be 7 percent of total water supply as reported in Cal Water’s UWMP.

Source: Cal Water, 2021, 2020 Urban Water Management Plan; PlaceWorks, 2023.

SJW has four sources of water supply: purchased surface water from Valley Water, groundwater from the Santa Clara Basin (managed by Valley Water), surface water from local watersheds, and recycled water.

SJW’s strategy is to maximize the use of local surface water, use up to the maximum of purchased water contract amounts, and supplement the remaining supply needs with groundwater. Purchased water from Valley Water makes up over half of SJW’s total water supply. SJW also pumps groundwater from the Santa Clara Basin. In 2020, SJW pumped 53,276 AF for this groundwater basin, which is about 43 percent of the total water supply. The Santa Clara Subbasin is not adjudicated, and the basin is not in a condition of critical overdraft.
21 San Jose Water, 2021. 2020 Urban Water Management Plan. 22 Association of Bay Area Governments, 2018. Plan Bay Area Projections 2040. 889
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SJW also diverts surface water from Saratoga Creek and Los Gatos Creek watershed, which accounts for about 3 percent of the total water supply. Recycled water use has increased over the years, and now makes up about 2 percent of the total water supply.23 However, SJW does not have a recycled water distribution system that extends into the Study Area.

SJW supply and demand comparison for normal, single-dry year, and multiple-dry years through 2040 are provided in Table 4.15-5, SJW Supply and Demand Comparison: 2025 to 2040 (AFY). The 2020 UWMP has supply and demand values in million gallons per year; these values have been converted to AFY to be consistent with the rest of the analysis.

TABLE 4.15-5 SJW SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Normal Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Single Dry Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Multiple Dry Years
First Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Second Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Third Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Fourth Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
23 San Jose Water, 2021. 2020 Urban Water Management Plan 890
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TABLE 4.15-5 SJW SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Fifth Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Source: Cal Water, 2021, 2020 Urban Water Management Plan.

As can be seen in Table 4.15-5, SJW has sufficient water supplies to meet demands under normal year, single-dry year, and multiple-dry year conditions. Similarly, Valley Water, which is the wholesale water provider for SJW, states in their 2020 UWMP that they have sufficient water supplies to meet all of their water retailers’ demands under normal and drought conditions.

As in the case with Cal Water LAS, SJW would implement its Water Shortage Contingency Plan during drought conditions. SJW has had a consumer water checkup program called “CATCH” since 1991 that provides free water audits to all of its customers and includes irrigation systems. Valley Water also offers many conservation rebates on SJW’s behalf, including turf replacement, rain barrels, smart irrigation systems, low-flow showerheads, and graywater laundry-to-landscape systems. These programs and continued consumer water conservation education, as well as new construction compliance with CALGreen and the latest plumbing codes, will continue to reduce per capita water demands in the future.

In summary, there are sufficient water supplies to meet demands under normal years and drought conditions.

The General Plan EIR also found that the Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of General Plan 2040 include policies and strategies that would protect water resources and promote water conservation as a result of future potential development under the proposed Modified Project. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on water services:
 Policy ES-1.1. Principles of Sustainability. Incorporate principles of sustainability into Cupertino’ planning, infrastructure, and development process in order to improve the environment, reduce greenhouse gas emissions and meet the needs of the community without compromising the needs of future generations. (General Plan EIR Policy 5-1)
 Strategy ES-1.1.1. Climate Action Plan (CAP). Adopt, implement, and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements. This qualified greenhouse gas emissions reduction plan, by BAAQMD’s definition, will allow for future project CEQA streamlining and will identify measures to:
 Reduce energy use through conservation and efficiency.  Reduce fossil fuel use through multi-modal and alternative transportation.  Maximize use of and, where feasible, install renewable energy resources.  Increase citywide water conservation and recycled water use. 891
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 Accelerate Resource Recovery through expanded recycling, composting, extended producer responsibility, and procurement practices, and
 Promote and incentivize each of those efforts to maximize community participation and impacts.  Integrate multiple benefits of green infrastructure with climate resiliency and adaptation.  Strategy ES-1.1.3. Climate Adaptation and Resiliency. Conduct a climate vulnerability assessment and set preparedness goals and strategies to safeguard human health and community assets susceptible to the impacts of a changing climate (e.g., increased drought, wildfires, flooding). Incorporate these into all relevant plans, including Emergency Preparedness Plan, Local Hazard Mitigation Plan, Dam Failure Plan, Climate Action Plan, Watershed Protection Plan, and Energy Assuredness Plan.  Policy ES-3.1. Green Building Design. Set standards for the design and construction of energy and resource conserving/efficient building.
 Strategy ES-3.1.1. Green Building Program. Periodically review and revise the City’s Green Building ordinance to ensure alignment with CALGreen requirements for all major private and public buildings projects that ensure reduction in energy and water use for new development through site selection and building design.
 Strategy ES-3.1.2. Staff Training. Continue to train appropriate City staff in the design principles, costs, and benefits of sustainable building and landscape design. Encourage City staff to attend external trainings on these topics and attain relevant program certifications (e.g., Green Point Rater, Leadership in Energy & Environmental Design (LEED) Accredited Professional).  Strategy ES-3.1.3. Green Buildings Informational Seminars. Conduct and/or participate in Green Building informational seminars and workshops for members of the design and construction industry, land development, real estate sales, lending institutions, landscaping and design, the building maintenance industry and prospective project applicants.  Strategy ES-3.1.4. Green Building Demonstration. Pursue municipal facility retrofits, through a Green Capital Improvement Program (CIP), and new construction projects that exceed CALGreen and achieve third-party certification criteria (e.g., LEED, Living Building Challenge, Zero Net Energy) as a means of creating demonstration spaces for developer and community enrichment.  Policy ES-7.6. Other Water Sources. Encourage the research of other water sources, including water reclamation.
 Strategy ES-7.8.1. Inter-Agency Coordination. Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures, such as hydromodification controls as established by the Municipal Regional Permit.
 Policy ES-7.9. Inter-Agency Coordination for Water Conservation. Continue to coordinate citywide water conservation and regional water supply problem solving efforts with the Santa Clara Valley Water District (SCVWD), San Jose Water Company, and California Water Company. (General Plan EIR Policy 5-29)
 Strategy ES-7.9.1. Water Conservation Measures. Implement water conservation measures and encourage the implementation of voluntary water conservation measures from the City’s water retailers and SCVWD. (General Plan EIR Policy 6-19)
 Policy ES-7.10. Public Education Regarding Resource Conservation. Provide public information regarding resource conservation.
 Strategy ES-7.10.1. Outreach. Continue to send educational information and notices to households and businesses with water prohibitions, water allocations, and conservation tips. Continue to offer 892
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featured articles in the Cupertino Scene and Cupertino Courier. Consider providing Public Service Announcements on the City’s Channel and Cupertino Radio.  Strategy ES-7.10.2. Demonstration Gardens. Consider including water-wise demonstration gardens in some parks where feasible as they are re-landscaped or improved using drought tolerant native and non-invasive, and non-native plants.
 Policy ES-7.11. Water Conservation and Demand Reduction Measures. Promote efficient use of water throughout the City in order to meet State and regional water use reduction targets.  Strategy ES-7.11.1. Urban Water Management Plan. Collaborate with water retailers serving the City in the preparation of their Urban Water Management Plan, including water conservation strategies and programs.
 Strategy ES-7.11.2. Water Conservation Standards. Comply with State water conservation standards by either adopting the State standards or alternate standards that are equally efficient.  Strategy ES-7.11.3. Recycled Water System. Continue to work with water retailers to promote and expand the availability of recycled water in the City for public and private use.  Strategy ES-7.11.4. Recycled Water in Projects. Encourage and promote the use of recycled water in public and private buildings, open space and streetspace planting.  Strategy ES-7.11.5. On-Site Recycled Water. Encourage on-site water recycling including rainwater harvesting and gray water use.
 Strategy ES-7.11.6. Water Conservation Programs. Benchmark and continue to track the City’s public and private municipal water use to ensure ongoing accountability and as a means of informing prioritization of future agency water conservation projects.  Strategy ES-7.11.7. Green Business Certification and Water Conservation. Continue to support the City’s Green Business Certification goals of long-term water conservation within City facilities, vegetated stormwater infiltration systems, parks and medians, including installation of low-flow toilets and showers, parks, installation of automatic shut-off valves in lavatories and sinks and water efficient outdoor irrigation.
 Policy INF-1.1. Infrastructure Planning. Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and requirements for development.  Strategy INF-1.1.1. Capital Improvement Program. Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040.
 Strategy INF-1.1.2. Design Capacity. Ensure that the public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over-sizing of infrastructure to avoid fiscal impacts or impacts to other goals.  Strategy INF-1.1.3. Coordination. Require coordination of construction activity between various providers, particularly in City facilities and rights-of-way, to ensure that the community is not unnecessarily inconvenienced. Require that providers maintain adequate space for all utilities when planning and constructing their infrastructure.
 Policy INF-1.2. Maintenance. Ensure that existing facilities are maintained to meet the community’s needs.
 Policy INF-1.3. Coordination. Coordinate with utility and service providers to ensure that their planning and operations meet the City’s service standards and future growth.  Policy INF-1.4. Funding. Explore various strategies and opportunities to fund existing and future infrastructure needs.
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 Strategy INF-1.4.1. Existing Infrastructure. Require developers to expand or update existing infrastructure to increase capacity, or pay their fair share, as appropriate.  Strategy INF-1.4.2. Future Infrastructure Needs. For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels.
 Strategy INF-1.4.3. Economic Development. Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase opportunities for municipal revenue.  Policy INF-2.5. Recycled Water Infrastructure. Plan for citywide access to recycled water and encourage its use.
 Strategy INF-2.5.1. Availability. Expand the availability of a recycled water system through public infrastructure projects and development review.
 Strategy INF-2.5.2. Use. Encourage private and public projects to incorporate the use of recycled water for landscaping and other uses.
 Strategy INF-2.5.3. City Facilities. Design and retrofit City buildings, facilities and landscaping to use recycled water, to the extent feasible.
 Policy INF-3.1. Coordination With Providers. Coordinate with water providers and agencies in their planning and infrastructure process to ensure that the City continues to have adequate supply for current needs and future growth.
 Strategy INF-3.1.1. Maintenance. Coordinate with providers to ensure that water and recycled water delivery systems are maintained in good condition.
 Policy INF-3.2. Regional Coordination. Coordinate with State and regional agencies to ensure that policies and programs related to water provision and conservation meet City goals.

The City will continue to coordinate with Cal Water LAS and SJW on conservation efforts, demand management measures promoted by the water districts, and implementation of water use restrictions as per the WSCPs. Additionally, future development under the proposed Modified Project would be required to implement the water-efficient requirements specified in the CALGreen and California Plumbing Codes and the WELO requirements for water efficient landscaping. Future potential development under the proposed Modified Project that meet the criteria under California Water Code Section 10912 would be required to prepare a WSA that demonstrates that project water demands would not exceed water supplies. In addition, existing residential, commercial, and industrial land uses can be expected to decrease their water demands in the future as a result of the implementation of water conservation practices.

According to the 2020 UWMPs for Cal Water LAS and SJW, there are sufficient water supplies available to meet the demands of all of their customers during normal, single-dry, and multiple-dry years through 2045. Compliance with the General Plan 2040 goals, policies and strategies, implementation of the WSCPs during dry periods, and continued water conservation efforts would reduce water demand with respect to water supplies. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts to shortage of water supplies beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant. 894
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UTIL-2 Implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects.

As described in the General Plan EIR, the water demand associated with the Approved Project would be served with available and planned water supplies provided by Cal Water LAS and SJW. Additionally, future development under the Approved Project would be located within already developed urban areas and therefore, would connect to an existing water distribution system. Thus, the Approved Project would not result in water demands that would require the construction of new water treatment facilities or the expansion of existing facilities.

As described in Impact Discussion UTIL-1, both Cal Water LAS and SJW have sufficient water supplies to meet the demands of their customers during normal, single-dry, and multiple-dry years. In addition, the WSCPs contain water demand mitigation measures that would be implemented during extended drought periods, and each water agency is required to submit an annual report to DWR to assess whether there will be a water shortage in the coming year and what water demand reduction measures will be adopted to address the shortages.

Future potential development under the proposed Modified Project would be primarily in urban infill areas that are already connected to the water distribution systems of the two water purveyors. Both water agencies that serve the Study Area have existing water distribution systems that can supply the Study Area without the need to expand their facilities. Therefore, no new water facilities or expansions of existing facilities are needed for implementation of the proposed Modified Project.

Both water purveyors that serve the Study Area receive treated water from Valley Water and do not have their own water treatment plants. Valley Water operates three water treatment plants that clean and disinfect imported water that is stored in four local reservoirs. The treatment plants are:
 Rinconada Water Treatment Plant. This facility can treat and deliver up to 80 million gallons of water per day for retailers who supply customers in the West Valley, including the cities of Santa Clara, Campbell, Sunnyvale, Cupertino, Mountain View, Monte Sereno, Saratoga and Los Altos and the towns of Los Gatos and Los Gatos Hills.
 Penitencia Water Treatment Plant. This facility can treat and deliver up to 40 million gallons of water per day and serves an area from Milpitas in the north to Aborn Road in the south.  Santa Teresa Water Treatment Plant. This facility provides safe drinking water to most of South San Jose -Almaden Valley, Blossom Valley, and Santa Teresa and can treat and deliver up to 100 million gallons per day.

The three treatment plants can provide a combined 220 million gallons per day of safe drinking water.

According to Valley Water’s 2020 UWMP, there is a surplus of water supplies during normal, single-dry year, and multiple-dry years through the year 2045 and therefore, Valley Water has the capability of 895
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supplying treated water to all of its retail customers.24 Therefore, no new water treatment facilities are required.

In summary, no new water treatment or distribution facilities would be needed with implementation of the proposed Modified Project and both water purveyors that serve the Study Area have capital improvement programs to monitor and upgrade their water distribution systems to accommodate future development. As with the future potential development assessed in the General Plan EIR, future potential development under the proposed Modified Project, would be required to comply with the City’s requirements for new construction, water-efficient landscaping, and adherence to the General Plan 2040 goals, policies, and strategies listed in Impact Discussion UTIL-1.

Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts with respect to the need for new and/or expanded water facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

UTIL-3 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to water service.

The General Plan EIR considered the service areas of Cal Water LAS and SJW for cumulative impacts. Cal Water, SJWC, and SCVWD UWMPs determine that the water supply will be sufficient to accommodate future demand in the Cal Water and SJWC service areas through 2035, and by extension through 2040, under normal circumstances. In the multiple dry years, with Cal Water, SJWC and SCVWD drought contingency plans in place, any shortages would be managed through demand reductions and other measures such as increased groundwater pumping.

The area considered for cumulative water supply impacts is the service areas of CalWater LAS and SJW.

Other future projects within these service areas would result in increases in water demand. However, cumulative water demands are not anticipated to require building new water treatment facilities or expansion of existing facilities beyond what is currently planned. Both water providers have adequate supplies to meet existing and future demands under normal and drought conditions through the year 2045.

Projects that meet the SB 610 criteria, such as residential projects with more than 500 dwelling units, would be required to prepare WSAs. The City and the water purveyors would review such projects for adequacy of water supply and the water purveyors would update the UWMP every five years to ensure that there are adequate water supplies and contingency plans for future residents and customers. All future potential development under the proposed Modified Project would require implementing water efficiency and water conservation measures, as per the CALGreen Building Code and the WELO irrigation requirements.
24 Valley Water, 2021. 2020 Urban Water Management Plan. 896
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All cumulative projects would require compliance with applicable City ordinances as well as local, State, and federal regulatory requirements. These regulations will result in a reduction in per capita water use over time. Therefore, the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to water supply beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.15.2 Wastewater

REGULATORY FRAMEWORK
Federal Regulations
Clean Water Act
The CWA of 1972 regulates the discharge of pollutants into watersheds throughout the nation. It is the primary federal law that governs water pollution and is implemented by the USEPA. Under the CWA, the USEPA sets wastewater standards and makes it unlawful to discharge pollutants from a point source into any navigable waters without obtaining a permit. Point sources include any conveyances, such as pipes and man-made drainage channels, from which pollutants may be discharged.

National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) permit program was established as part of the CWA to regulate municipal and industrial discharges to surface waters of the United States. Federal NPDES permit regulations have been established for broad categories of discharges, including pointsource municipal waste discharges and nonpoint-source stormwater runoff. NPDES permits generally identify effluent and receiving water limits on allowable connections and/or mass emissions of pollutants contained in the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including industrial pretreatment, pollution prevention, self-monitoring, and other activities. Wastewater discharge is regulated under the NPDES permit program for direct discharges into receiving waters and by the National Pretreatment Program for indirect discharges to a wastewater (sewage) treatment plant.

State Regulations
State Water Resources Control Board
On May 2, 2006, the SWRCB adopted Statewide General Waste Discharge Requirements ([WDRs] Order No. 2006-0003) and a monitoring and reporting program (Order No. WQ-2013-0058-EXEC) for all publicly owned sanitary sewer collection systems in California with more than one mile of sewer pipes. The order provides a consistent statewide approach to reducing sanitary sewer overflows (SSO). The WDRs require public agencies that own or operate sanitary sewer systems to develop and implement sewer system management plans (SSMP) and report all SSOs to the SWRCB’s online reporting system. The SWRCB has delegated authority to nine RWQCBs to enforce these requirements within their regions. 897
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Regional Regulations
San Francisco Bay Regional Water Quality Control Board
The San Francisco Bay RWQCB (Region 2) was created as a result of the California Porter-Cologne Act. The RWQCB issues and enforces NPDES permits within Santa Clara County and the City of Cupertino, which includes permits for wastewater treatment plants (WWTPs) and industrial waste discharges. NPDES permits allow the RWQCB to regulate where and how waste is disposed, including the discharge volume and effluent limits of waste and the monitoring and reporting responsibilities of the discharger. The RWQCB is also charged with conducting inspections of permitted discharges and monitoring permit compliance.

Local Regulations
General Plan 2040
The Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to wastewater. Applicable goals, policies and strategies that would minimize potential adverse impacts to wastewater treatment and infrastructure are identified in Section 4.15.2.4, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives that pertain to wastewater. The CMC is organized by title, chapter, and section. Most provisions related to wastewater utilities are included in Title 15, Water and Sewage, Title 16, Building and Construction, and Title 17, Environmental Regulations, as follows:
 Chapter 15.20, Sewage Disposal Systems, establishes standards for the approval, installation, and operation of individual onsite sewage disposal systems consistent with the California Regional Water Quality Board standards. In addition, this chapter requires that all properties upon issuance of any permit for building or use must be connected to the public sanitary sewer system, with the exception that a private sewage disposal system can be installed with written approval obtained from the Health Officer.
 Chapter 16.58, Green Building Standards Code, adopts the latest 2022 California Green Building Standards Code, also known as CALGreen, with provisions for local amendments as required. The requirements regarding indoor water use and the installation of low-flow plumbing fixtures pertain indirectly to wastewater flow rates, as these water conservation efforts will decrease the amount of wastewater generated.
 Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental 898
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documents required as part of a General Plan update. This chapter includes specific requirements for utilities and service systems permits.
 Section 17.04.050 (I)(1), Manage Wastewater Inflow and Infiltration to Sewer System, ensures that project applicants implement the following measures to reduce wastewater flow:
a. The project applicant shall demonstrate, to the satisfaction of the City of Cupertino and Cupertino Sanitary District (CSD) that the 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:
i. Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows, or
ii. 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 project’s estimated wastewater generation shall be calculated using the current generation rates used by the CSD unless alternative (i.e., lower) generation rates achieved by the project are substantiated by the project applicant based on evidence to the satisfaction of the CSD.
b. The project applicant shall obtain a letter of clearance from the Cupertino Sanitary District and provide a copy of the letter of clearance to the City prior to issuance of the first permit.

Cupertino Sanitary District Operations Code
The Cupertino Sanitary District (CSD) Operations Code was adopted in 2016 and has been updated periodically, with the latest update adopting new rates for Fiscal Year 2022 to 2023. The Code provides general rules of construction, operation, and maintenance. Chapter IV of Cupertino Sanitary CSD’s Operations Code requires all new buildings within the CSD to be connected to the CSD sewer system and all land development projects to include provisions for future buildings to connect to the CSD’s sewer system. Chapter V provides the construction requirements, standard plans and specifications, and payment of inspection fees. Chapter VI of the CSD’s Operations Code requires critical users whose wastewater contains priority pollutants to obtain a Wastewater Discharge Permit for before connecting to or discharging into a CSD’s sewer and provides requirements for pretreatment of industrial waste. Chapter VII outlines the requirements for connection permits and fees as well as sewer service charges.

CSD Sewer System Management Plan
The latest CSD Sewer System Management Plan (SSMP) was certified in May 2021.25 The purpose of the SSMP is to provide the framework for properly managing, operating, and maintaining all parts of the sanitary sewer system in order to minimize the number of SSOs and mitigate any SSOs that do occur. The SSMP describes how the sanitary sewer system is operated and maintained, efforts to minimize infiltration 25 Cupertino Sanitary District, 2021., Sewer System Management Plan (SSMP), Prepared by Mark Thomas & Company, Inc. 899
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and inflow, design and performance standards, overflow emergency response plan, a fats, oil and grease control program, and monitoring and audit requirements. As required by law, the SSMP must be updated every five years and must be developed in compliance with the requirements of the SWRCB Waste Discharge Requirements Order No. 2006-003-DWQ, Amended Monitoring and Reporting Program Order No. WQ 2008-002-EXEC, and Order No. WQ 2013-0058-EXEC.

CSD Inflow and Infiltration Reduction Program
CSD has an ongoing program to identify and reduce Inflow and Infiltration (I/I) into the sewer system.

Inflow is stormwater that enters the system through illicit connections and infiltration is stormwater and groundwater that enter the system through laterals, sewer mains, and manholes. These flows can limit the capacity of the sewer system to convey wastewater flows, especially during wet weather, where it can contribute up to 50 percent of the peak flow. The program is aimed at reducing the amount of peak flow entering the CSD sewer system to lower the risk of SSOs and decrease the costs of conveying and treating wastewater. CSD uses Sewer System Evaluation Surveys to evaluate the condition of sewer and the likely sources of I/I via smoke testing and closed-circuit television inspections. Once the sources of I/I have been identified, repairs to broken pipes, manholes, and joint connections are made. The program also meters sewer flows during rainfall events to identify areas of high flows. This information is data for running a hydraulic model of the CSD sewer system and assess whether there is sufficient capacity available to accommodate new development.26
Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to wastewater associated with buildout of the General Plan 2040 at a program level. The setting for wastewater is described in detail under Existing Conditions in Section 4.14.2, Wastewater, of the General Plan EIR.

Since the certification of the General Plan EIR, the City has codified regulations equivalent to the General Plan EIR mitigation measures to reduce wastewater flow in the CMC Chapter 17.04, Standard Environmental Protection Requirements, as described under the Municipal Code heading in Section

4.15.1.1, Regulatory Framework. Section 17.04,050 (I)(1) incorporates Mitigation Measures UTIL-6a through UTIL-6c, which require project applicants to work with the City and CSD to ensure projects would not exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer system. Thus, these mitigation measures are no longer necessary.
26 Cupertino Sanitary District, 2024. Peak Flow Reduction Program. Cupertino 2021 Annual Report. https://j.b5z.net/i/u/10207194/f/Annual%20Reports/CSUD_2021_Annual_Report_Layout_1_RS_FINAL_FOR_PRINT.pdf accessed on January 18, 2024.
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STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant wastewater impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-4. Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects?

LTS LTS
UTIL-5. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?

LTS LTS
UTIL-6. Result in a cumulatively considerable impact with respect to wastewater services? LTS LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
UTIL-4 Implementation of the proposed Modified Project would not require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects.

The General Plan EIR concluded that future demands from the Approved Project would not exceed the design or permitted capacity of the wastewater treatment plants serving the Study Area (SJ/SCWPCP and SWPCP). Additionally, the potential impacts to the collection system would be addressed through applicable General Plan policies and the mitigation measures identified in Impact Discussion UTIL-6 of the General Plan EIR.

Cupertino Sanitary District (CSD) provides sanitary sewer service to most of the City of Cupertino, portions of Saratoga, Sunnyvale, Los Altos and surrounding unincorporated areas by maintaining, repairing, replacing, and inspecting all wastewater lines and providing emergency sanitary sewer overflow (SSO) response. However, a small portion in the northeastern section of the City east of Finch Avenue and south of Stevens Creek Boulevard is served by the City of Sunnyvale.

Cupertino does not operate a wastewater treatment plant. The collected wastewater is conveyed to the San Jose/Santa Clara Regional Wastewater Facility (RWF) through sewer mains and interceptor lines shared with both the cities of San Jose and Santa Clara pursuant to a joint use agreement. As of 2020, the RWF treat 110 million gallons per day (mgd) of wastewater, with a permit capacity of 167 mgd.27 Future development under the Modified Project would result in an increase in wastewater with the addition of 3,312 new housing units. According to SJW’s 2020 UWMP, indoor water use for multi-family residences is 42 gallons per capita per day (gpcd) and there are an average of 2.94 people per household 27 City of San Jose, 2024. San Jose-Santa Clara Regional Wastewater Facility. https://www.sanjoseca.gov/home/showpublisheddocument/32061/637267825445900000 accessed on January 18,2024. 901
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in Cupertino. Wastewater demand is assumed to be 100 percent of the indoor water demand, which is conservative, in that the projected demand is higher than actual conditions.

TABLE 4.15-6 INCREASE IN WASTEWATER DEMAND WITH PROPOSED MODIFIED PROJECT DUs
Number of People Per
Household
Wastewater Use
Factor (gpcd)
Increase in
Wastewater Deman
(gpd)
Increase in
Wastewater Demand
(mgd)
3,312 2.94 42 408,966 0.41
Notes: DUs = dwelling units; gpcd = gallons per capita per day; gpd = gallons per day; mgd – million gallons per day Source: PlaceWorks, 2023
The increase in wastewater demand due to future potential development under the proposed Modified Project is estimated to be approximately 0.41 mgd. As of 2020, the RWF is treating 110 mgd with a permitted capacity of 167 mgd. Therefore, the wastewater treatment facility has a residual capacity of 57 mgd and the addition of 0.41 mgd from implementation of the proposed Modified Project is only 0.7 percent of the residual capacity.

CSD has a contract with the RWF that limits its discharge to 7.875 mgd, of which CSD discharged approximately 4.25 mgd in 2017. Therefore, CSD uses only about 54 percent of its allowable capacity. The RWF would be able to accommodate the wastewater flows from the proposed Modified Project in addition to the current and future flows from other contributors to the RWF’s wastewater flow rates.

The trunk interceptors owned by the cities of San Jose and Santa Clara that convey flow from the CSD collection system to the RWF were also assessed to determine if they have the capacity to serve the future potential development under the proposed Modified Project. Approximately 0.56 mgd is conveyed via the San Jose joint interceptor and 3.69 mgd is conveyed via the Santa Clara joint interceptor. The City of Santa Clara concluded that their joint interceptor has adequate capacity; CSD has an allowable maximum wet weather flow capacity of 13.5 mgd in this system. In 2017, the maximum wet weather flow peaked at 9.6 mgd, which leaves a residual capacity of 3.9 mgd.28 CSD has agreements with these cities for sharing costs related to the construction, operation, and maintenance of the joint use sanitary sewers.29
Only one of the proposed housing opportunity sites under the proposed Modified Project is within the Sunnyvale sewer collection system, which is in a small part of the Study Area east of Finch Avenue and south of Stevens Creek Boulevard. Wastewater from this area is conveyed to the Sunnyvale Water Pollution Control Plant (WPCP). The NPDES permit for the WPCP allows inflows to the facility of up to 29.5 mgd. Currently, the WPCP processes about 13.5 mgd.30 Therefore, there is a residual capacity of 16 mgd, and buildout of one housing opportunity site within the area served by Sunnyvale sewer collection system would not exceed the treatment capacity of the WPCP or adversely affect the capacity of the sewer collection system.
28 Cupertino Sanitary District, 2018. 10-Year District-Wide Capital Improvement Master Plan 29 Cupertino Sanitary District, 2018. 10-Year District-Wide Capital Improvement Master Plan. 30 City of Sunnyvale, 2020. Sunnyvale Water Pollution Control Plant Master Plan – Secondary Treatment and Dewatering Facility Project. Addendum to the Program Environmental Impact Report. 902
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In addition, the CSD is also implementing sewer collection improvement projects as recommended in the 10-Year District-Wide Capital Improvement Project Master Plan. The goal is to replace and upgrade pump station capacities, upgrade portions of the sewer infrastructure with larger pipe sizes to correct deficiencies and accommodate future growth, improve wet weather capacity, and reduce I/I.

The General Plan EIR also found that the Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of General Plan 2040 include policies and strategies that ensure adequate wastewater treatment capacity and infrastructure under the proposed Modified Project. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on wastewater services:
 Policy ES-7.7. Industrial Water Recycling. Encourage industrial projects, in cooperation with Cupertino Sanitary District, to have long-term conservation measures, including recycling equipment for manufacturing and water supplies in the plant. (General Plan EIR Policy 5-26)  Policy INF-1.1. Infrastructure Planning. Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and requirements for development.  Strategy INF-1.1.1. Capital Improvement Program. Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040.
 Strategy INF-1.1.2. Design Capacity. Ensure that the public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over-sizing of infrastructure to avoid fiscal impacts or impacts to other goals.  Strategy INF-1.1.3. Coordination. Require coordination of construction activity between various providers, particularly in City facilities and rights-of-way, to ensure that the community is not unnecessarily inconvenienced. Require that providers maintain adequate space for all utilities when planning and constructing their infrastructure.
 Policy INF-1.2. Maintenance. Ensure that existing facilities are maintained to meet the community’s needs.
 Policy INF-1.3. Coordination. Coordinate with utility and service providers to ensure that their planning and operations meet the City’s service standards and future growth.  Policy INF-1.4. Funding. Explore various strategies and opportunities to fund existing and future infrastructure needs.
 Strategy INF-1.4.1. Existing Infrastructure. Require developers to expand or update existing infrastructure to increase capacity, or pay their fair share, as appropriate.  Strategy INF-1.4.2. Future Infrastructure Needs. For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels.
 Strategy INF-1.4.3. Economic Development. Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase opportunities for municipal revenue.  Policy INF-5.1. Infrastructure. Ensure that the infrastructure plans for Cupertino’s wastewater system providers continue to meet the City’s current and future needs.  Strategy INF-5.1.1. Coordination. Coordinate with the Cupertino Sanitary District on their Master Plan and the Sunnyvale Treatment Plant to develop a comprehensive capital improvement program to ensure adequate capacity for future development anticipated with General Plan buildout. 903
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 Strategy INF-5.1.2. Development. Require developers to pay their fair share of costs for, or in some cases construct, infrastructure upgrades to ensure that service levels are met. (General Plan EIR Policy 7-4)
 Policy INF-5.2. Demand. Look for ways to reduce demand on the City’s wastewater system through implementation of water conservation measures.

Implementation of the proposed Modified Project would not require the construction or expansion of the wastewater treatment plants or the sewer collection systems beyond what is already planned or under construction under the Approved Project. Adherence to the CMC requirements as well as the General Plan 2040 goals, policies, and strategies would also reduce wastewater generation rates over time. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts associated with the sewer collection and treatment systems beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

UTIL-5 Implementation of the proposed Modified Project would not result in the determination by the wastewater treatment provider, which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.

As described in the General Plan EIR, specific capacity deficiencies were identified under the Approved Project, including sewer lines serving the City Center area, and lines on Stelling Road and Foothill Boulevard. City Center is the general area at the southeast quadrant of the intersection of De Anza Blvd and Stevens Creek Blvd. Future potential development that substantially increases wastewater capacity, including projects under the Approved Project, could result in wastewater flows that exceed the collection system capacity. To address this possibility, the CSD requires developers of substantial projects to demonstrate that adequate capacity exists, or to identify the necessary mitigations. Further, future potential development in the portion of the Heart of the City Special Area east of Finch Avenue and south of Stevens Creek Boulevard could result in wastewater flows to the City of Sunnyvale that exceed the downstream pipe capacity if large office developments are allowed. This Special Area does allow office use of the entire corridor with appropriate mitigation measures. However, development adjacent to the single-family residences on the east side along Stevens Creek Boulevard would not be large office campuses due to the small size of the properties and the need to maintain compatibility with adjoining single-family residential uses. As far as treatment systems, the projected additional wastewater generated by the Approved Project, over and above the current General Plan 2040 flows, are calculated to be 1.45 mgd and would exceed the contractually available treatment capacity by 0.85 mgd.

As described in Impact Discussion UTIL-4, much of the wastewater generated in the Study Area would be conveyed to the RWF. It is currently permitted to treat up to 29.5 mgd and currently processes about 13.5 mgd. CSD has a contract with the RWF that limits its discharge to 7.875 mgd, of which CSD discharged approximately 4.25 mgd in 2017. Therefore, CSD uses only about 54 percent of its allowed capacity. 904
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The estimated increase in wastewater flows is conservative because there likely will be declining rates of wastewater generation over time, as new projects would be required to comply with the California Plumbing Code and CALGreen and implement active and passive water conservation measures. This would also reduce the amount of wastewater produced per dwelling unit. Future development would also be required to undergo City review and abide by the City’s Standard Environmental Protection Requirements that pertain to wastewater. Additionally, the General Plan 2040 goals, policies, and strategies provided in Impact Discussion UTIL-4 require local planning and development decisions to consider impacts to wastewater collection and treatment systems.

With continued compliance with applicable state and federal regulations and the CMC and Standard Environmental Protection Requirements, wastewater generated by future potential development under the proposed Modified Project would not exceed the capacity of the respective wastewater treatment plants. Therefore, the proposed Modified Project would not result in a new or more severe impact or determination by the wastewater treatment provider that there is not adequate capacity to serve the project’s projected demand in addition to the demands of other wastewater dischargers beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

UTIL-6 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to wastewater service.

The context used for the cumulative assessment is the service area of San Jose Regional Wastewater Facility and the Sunnyvale Pollution Control Treatment Plant. In addition to wastewater discharged to these treatment plants by the City, there are other dischargers. For the RWF, the other dischargers are the cities of San Jose, Santa Clara, and Milpitas, West Valley Sanitation District (Campbell, Los Gatos, Monte Sereno, and Saratoga), County Sanitation Districts 2 and 3, and Burbank Sanitary District. The Sunnyvale PCTP just receives wastewater from Sunnyvale and a small portion of Cupertino.

As described in the General Plan EIR, buildout of the Approved Project would generate a minor increase in the volume of wastewater delivered for treatment at SJ/SCWPCP and SWPCP. This increase represents less than 1 percent of the available treatment capacity at the SJ/SCWPCP and SWPCP, and it would occur incrementally over a period of 26 years. Both the SJ/SCWPCP and SWPCP serving the Study Area currently use less than their design and permitted wastewater treatment capacity. Based on the recent trends of diminishing wastewater treatment demand and the projected population growth in the service areas, cumulative wastewater treatment demand under the Approved Project is far below the excess capacity of the SJ/SCWPCP and SWPCP.

The RWF treats an average of 110 mgd with a capacity of up to 167 mgd. The Sunnyvale PCTP processes about 13.5 mgs with a permitted capacity of up to 29.5 mgd. Therefore, both wastewater treatment facilities have adequate capacity to accommodate existing and future growth within their service areas.

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effective treatment technologies, more recycled water produced, and a cogeneration plant.31 The RWF’s capital improvement program includes rehabilitation of all stages of the treatment process for greater reliability, new biosolids dewatering and drying processes, and new methods of generating energy. The capital improvement program envisions two billion dollars in facility investments over a 30-year period, according to the RWF’s Master Plan.32
Future development within the service areas of the wastewater treatment plants would require compliance with all applicable regulations and ordinances. Projects would have to pay wastewater connection fees and monthly sewer service charges, which fund continued improvements to the wastewater collection and treatment systems.

Therefore, with continued compliance with applicable regulations and future reductions in wastewater demands with water conservative efforts, cumulative development would not exceed wastewater collection or treatment capacities. Accordingly, implementation of the proposed Modified Project would not result in new or more severe cumulatively considerable impacts related to wastewater beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.15.3 Stormwater

REGULATORY FRAMEWORK
The regulatory framework for stormwater is described in detail in Chapter 4.9, Hydrology and Water Quality, of this EA. The regulatory requirements that pertain solely to storm drain systems are repeated below.

Federal Regulations
National Pollutant Discharge Elimination System
Under the NPDES program, all facilities that discharge pollutants into waters of the U.S. are required to obtain an NPDES permit. Requirements for stormwater discharges are also regulated under this program.

In California, the NPDES permit program is administered by the SWRCB through the nine RWQCBs. The City of Cupertino lies within the jurisdiction of the San Francisco Bay RWQCB (Region 2) and is subject to the waste discharge requirements of the Phase I MS4 Permit (Order No. R2-2022-0018; NPDES No.

CAS612008) that regulates stormwater discharges from the cities, towns, and agencies within Alameda County, Contra Costa County, Santa Clara County, San Mateo County, and Solano County. The Santa Clara permittees under the MS4 permit include cities of Cupertino, Campbell, Los Altos, Milpitas, Monte 31 City of Sunnyvale, 2024. Sunnyvale Cleanwater Program. https://www.sunnyvalecleanwater.com/ accessed on January 19, 2024.
32 City of San Jose, 2024. Capital Improvement Program. https://www.sanjoseca.gov/your-government/departmentsoffices/environmental-services/water-utilities/regional-wastewater-facility/capital-improvement-program accessed on January 19, 2024.
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Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, the towns of Los Altos Hills and Los Gatos, the Santa Clara Valley Water District, and Santa Clara County.

State Regulations
SWRCB Construction General Permit
Construction activities that disturb one or more acres of land that could impact hydrologic resources must comply with the requirements of the newly reissued SWRCB Construction General Permit (Order WQ 2022-0057-DWQ; NPDES No. CAS000002), which was adopted on September 8, 2022, and becomes effective on September 1, 2023. Under the terms of the permit, applicants must file Permit Registration Documents (PRD) with the SWRCB prior to the start of construction. The PRDs include a Notice of Intent, risk assessment, site map, Stormwater Pollution Prevention Plan (SWPPP), annual fee, and a signed certification statement. The PRDs are submitted electronically to the SWRCB via the Stormwater Multiple Application and Report Tracking System (SMARTS) website.

Applicants must also demonstrate conformance with applicable best management practices (BMPs) and prepare a SWPPP containing a site map that shows the construction site perimeter, existing and proposed buildings, lots, roadways, stormwater collection and discharge points, general topography both before and after construction, and drainage patterns across the project site. The SWPPP must list BMPs that would be implemented to prevent soil erosion and discharge of other construction-related pollutants that could contaminate nearby water resources. Additionally, the SWPPP must contain a weekly visual monitoring program, a sampling program to ensure compliance with water quality standards, and on-site collection of samples and inspection of BMPs prior to, during, and after qualifying precipitation events. Water quality monitoring has a schedule based on the risk level of the site.

In addition, the City under Municipal Code 16.08.110 has the authority to require submittal of an interim and final Erosion and Sediment Control Plan (ESCP) for projects that require grading permits. The ESCP must describe the location and types of erosion and sediment control measures that will be implemented during the construction phase, vegetative measures such as erosion control planting and seeding, and calculation of maximum surface runoff amounts from the construction site. Projects subject to the SWRCB Construction General Permit may include the ESCP provisions within the SWPPP.

SWRCB Trash Amendments
On April 7, 2015, the SWRCB adopted an amendment to The Water Quality Control Plan for Ocean Waters of California to control trash. In addition, the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California added Part 1, Trash Provisions. Together, they are collectively referred to as “the Trash Amendments.” The Trash Amendments apply to all surface waters of California and include a land-use-based compliance approach to focus trash controls on areas with high trashgeneration rates. Areas such as high density residential, industrial, commercial, mixed urban, and public transportation stations are considered priority land uses. There are two compliance tracks for Phase I and Phase II MS4 permittees:
 Track 1: Permittees must install, operate, and maintain a network of certified full capture systems in storm drains that capture runoff from priority land uses. 907
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 Track 2: Permittees must implement a plan with a combination of full capture systems, multi-benefit projects, institutional controls, and/or other treatment methods that have the same effectiveness as Track 1 methods.

The Trash Amendments provide a framework for permittees to implement their provisions. Full compliance must occur within 10 years of the permit, and permittees must also meet interim milestones such as average load reductions of 10 percent per year. The Trash Amendments require municipalities to install certified trash control systems, such as filters, on all catch basins no later than December 2, 2030.33 Regional Regulations
Regional Stormwater MS4 Permit
Municipal stormwater discharge in the City of Cupertino is subject to the Waste Discharge Requirements (WDRs) of the MS4 Permit (Order No. R2-2022-0018 and NPDES Permit No. CAS612008). Provision C.3 of the Municipal Regional Stormwater Permit (MRP) requirements applies to all new development that create or replace 5,000 square feet of impervious surfaces and single-family homes that create and/or replace 10,000 square feet of impervious surface. Provision C.3 of the MS4 Permit also mandates that new development and redevelopment projects must: (1) incorporate site design, source control, and stormwater treatment on-site; (2) minimize the discharge of pollutants in stormwater runoff and nonstormwater discharge; and (3) minimize the rate and volume of stormwater runoff under postdevelopment conditions. Low-impact development (LID) methods are the primary mechanisms for implementing such controls.

New development projects must design and construct stormwater treatment systems that capture a percentage of the flow rate or volume from a specified storm event based on the sizing criteria described in the C.3 provisions of the MRP. The treatment systems use LID measures that include rainwater harvesting and reuse, infiltration, evapotranspiration, and biotreatment/bioretention.

To comply with Provision C.3 of the MS4 Permit, regulated projects would be required to submit a Stormwater Management Plan (SWMP) and a completed Provision C.3 Data Form with building plans, to be reviewed and approved by the Public Works Department. The SWMP must be prepared under the direction of and certified by a licensed and qualified professional, which includes civil engineers, architects, or landscape architects.

Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) is an association of 13 cities and towns in the Santa Clara Valley, together with the County of Santa Clara and Valley Water. The RWQCB has conveyed responsibility for implementation of stormwater regulations to the member agencies of SCVURPPP. The SCVURPPP incorporates regulatory, monitoring, and outreach measures aimed at improving the water quality of South San Francisco Bay and the streams of the Santa Clara Valley to 33 State Water Resources Quality Control Board, September 2024, Storm Water Program - Trash Implementation Program. https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementation.html, accessed January 12, 2024. 908
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reduce pollution in urban runoff to the “maximum extent practicable.” The SCVURPPP maintains compliance with the MS4 Permit and promotes storm water pollution prevention within that context.

Participating agencies (including the City of Cupertino) must meet the provisions of the Santa Clara County permit by ensuring that new development and redevelopment mitigate water quality impacts to stormwater runoff both during the construction and operation of projects.34 The SCVURPPP has also developed the Santa Clara Basin Stormwater Resource Plan that describes a comprehensive plan to identify and prioritize potential stormwater and dry weather runoff capture projects in the Santa Clara Basin. It also provides information for the development and implementation of Green Stormwater Infrastructure (GFI) plans that municipalities within Santa Clara County are required to implement with the help of State grant funding.35
In addition, the SCVURPPP has developed the C.3 Stormwater Handbook that provides guidance to developers, builders, and project applicants to ensure compliance with the requirements of the MS4 permit and implement appropriate post-construction stormwater control measures for new development and redevelopment projects. The document describes the applicable site design measures, source control measures, and stormwater treatment measures that are required to be implemented for all regulated projects that create and/or replace 5,000 square feet or more of impervious surfaces. In addition, projects that create and/or replace one acre or more of impervious surfaces are required to also implement hydromodification measures.36 The City’s Public Works Department reviews SWMPs to ensure compliance with the C.3 provisions of the MS4 permit.

Local Regulations
General Plan 2040
The Environmental Resources and Sustainability (ES) Element of the General Plan 2040 contains goals, policies, and strategies that require local planning and development decisions to consider stormwater impacts and storm drain infrastructure. Applicable policies and strategies that would minimize potential adverse impacts are identified in Section 4.15.3.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse impacts due to stormwater drainage in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to stormwater and storm drains are included in Title 3, Revenue and Finance, Title 9, Health and Sanitation, Title 14, Streets, Sidewalks and Landscaping, Title 16, Building and Construction, and Title 17, Environmental Regulations, as follows:
34 Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), 2024. About SCVURPPP. https://scvurppp.org/about-scvurppp/ accessed on January 13, 2024. 35 EOA, Paradigm, and Lotus Water, 2019. Santa Clara Basin Stormwater Resource Plan. 36 SCVURPPP, 2016. C.3 Stormwater Handbook. Guidance for Implementing Stormwater Requirements for New Development and Redevelopment Projects. Dated June 2016. 909
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 Chapter 3.36, Storm Drainage Service Charge, established in 1992, outlines the requirements for the payment of fees to conserve and protect the City’s storm drainage system from the burden placed on it by the increasing flow of nonpoint source runoff and to otherwise meet the requirements developed by the Santa Clara Valley Non-Point Source Control and Storm Water Management Program established to comply with the CWA, California Environmental Protection Agency (CalEPA) regulations and the City’s NPDES permits. The specific purpose of the storm drainage service charges established pursuant to this chapter is to derive revenue which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes and for any other purpose set forth in Section 3.36.160. However, said revenue shall not be used for the acquisition or construction of new local street storm sewers or storm laterals as distinguished from main trunk, interceptor, and outfall storm sewers.
 Chapter 3.38, Clean Water and Storm Protection Fee, established in 2019, outlines the requirements for the payment of fees to conserve and protect the City’s essential values of maintaining aging storm drainage infrastructure, encouraging groundwater replenishment, and maintaining a sustainable environment in accordance with the Clean Water Act, EPA regulations and the City’s NPDES permits.

The specific purpose of the Clean Water and Storm Protection fee is to derive fee revenue, which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City’s NPDES permits, to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes, and for any other purpose set forth in Section 3.38.160.
 Chapter 9.18, Storm Water Pollution Prevention and Watershed Protection, provides regulations and gives legal effect to the MRP issued to the City of Cupertino and ensures ongoing compliance with the most recent version of the City of Cupertino's NPDES permit 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 lying within the city. The code contains permit requirements for construction projects and new development or redevelopment projects to minimize the discharge of storm water runoff.  Chapter 9.19, Water Resources Protection, requires property owners to obtain permits for any modifications to properties adjacent to a stream except when: 1) less than 3 cubic yards of earthwork is planned provided it does not damage, weaken, erode or reduce the effectiveness of the stream to withhold storm and flood waters; 2) a fence 6 feet or less in height; 3) an accessory structure 120 square feet or less in size; 4) interior or exterior modification within the existing footprint; or 5) landscaping on existing single-family lots.
 Chapter 14.15, Landscape Ordinance, implements the California Water Conservation in Landscaping Act of 2006 by establishing new water-efficient landscaping and irrigation requirements. In general, any building or landscape projects that involve more than 2,500 square feet of landscape area are required to submit a Landscape Project Submittal to the Director of Community Development for approval. Existing and established landscapes over 1 acre, including cemeteries, are required to submit water budget calculations and audits of established landscapes. 910
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 Chapter 16.18, Interim Erosion and Sediment Control Plan, requires preparation of an Interim Erosion and Sediment Control Plan. Specifically, Section 16.18.110 states that the Plan shall be either integrated with the site map/grading plan or submitted separately, to the Director of Public Works that calculates the maximum runoff from the site for the 10-year storm event and describes measures to be undertaken to retain sediment on the site, a brief description of the surface runoff and erosion control measures to be implemented, and vegetative measures to be undertaken.  Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental documents required as part of a General Plan update. This chapter includes specific requirements for utilities and service systems permits.
 Section 17.04.050 (F), Control Stormwater Runoff Contamination. The project applicant shall demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City of Cupertino. All identified stormwater runoff control measures shall be included in the applicable construction documents.

Storm Drain Master Plan
The capacity of the storm drain facilities within the City of Cupertino was evaluated and documented in the 2018 Storm Drain Master Plan.37 While most areas within the City provide adequate stormwater conveyance for the 10-year rainfall event, there are areas that would benefit from improvements to the stormwater conveyance capacity. There are also regions within the city that lack a formal drainage system and would require improvements.

The City collects Storm Drain Fees for new construction projects to fund improvements to the storm drain system. The next storm drain improvements that are scheduled to be implemented as part of the Capital Improvement Program, including Phase two of storm drain improvements near Pumpkin Drive, Fiesta Lane, September Drive, and Festival Drive.38 These areas are listed as high priority for improvement in the Storm Drain Master Plan. Phase one is complete.
38 These areas were listed as high priority for
improvement in the Storm Drain Master Plan.

Existing Conditions
Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR, addressed the impacts to stormwater associated with buildout of the General Plan 2040 at a program level. The setting for stormwater is described in detail in Section 4.8.1.2, Existing Conditions, of the General Plan EIR. Since the certification of the General Plan EIR, the City has codified regulations to reduce stormwater utility impacts in the CMC Chapter 17.04, Standard Environmental Protection Requirements, as described under the Municipal Code 37 City of Cupertino, 2018. City of Cupertino Storm Drain Master Plan. Prepared by Schaaf & Wheeler. Dated September 2018.
38 City of Cupertino, 2021. Capital Improvement Program, FY 2021-2022. 911
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heading in Section 4.15.1.1, Regulatory Framework. Section 17.04,050 (F) includes measures to minimize stormwater runoff contamination.

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant stormwater impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-7 Implementation of the proposed project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which would cause significant environmental effects?

LTS LTS
UTIL-8 Result in significant cumulative impacts with respect to stormwater? LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
UTIL-7 Implementation of the proposed Modified Project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which would cause significant environmental effects.

Impact Discussion HYDRO-4, in Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR found that new development and redevelopment projects under the Approved Project must be designed such that the stormwater runoff generated from the 10-year storm is conveyed in the storm drainage system (underground pipes or open channels), and the stormwater runoff generated from the 100-year design storm must be safely conveyed away from the site without creating and/or contributing to downstream or upstream flooding conditions. Thus, future development associated with the Approved Project would not be expected to result in downstream flooding but could exacerbate existing conditions of the storm drain system, which is undersized to convey the 10-year storm event at some locations.

The future potential development of 3,312 new housing units as part of the proposed Modified Project would result in an increase in impervious surfaces, which in turn could result in an increase in stormwater runoff, higher peak discharges to drainage channels, and the potential to cause nuisance flooding in areas without adequate drainage facilities. However, most of the Study Area is developed, and future development from the Modified Project would likely replace existing developed areas, including impervious surfaces and pavement. Therefore, new development on previously developed sites should not create a significant increase in impervious surfaces and could result in improved conditions on sites where stormwater retention and pretreatment was not previously required.

Additionally, regulated projects that create and/or replace 5,000 square feet of impervious surfaces and single-family homes that create and/or replace 10,000 square feet of impervious surfaces would trigger the implementation of stormwater treatment and trash collection measures to reduce stormwater runoff, pursuant to the MS4 Permit and the Santa Clara Valley Urban Runoff Pollution Prevent Program’s C.3 Stormwater Handbook. Stormwater treatment measures are required to temporarily detain site runoff 912
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using specific numeric sizing criteria based on volume and flow rate. Implementation of these stormwater measures would reduce the amount of stormwater runoff that is ultimately discharged to the City’s storm drain system and the creeks that run through Cupertino. Prior to the issuance of grading permits, the City would require completion and submittal of a Stormwater Management Plan and Provision C.3 Data Form for review and approval to ensure that these requirements are met.

In addition, all future potential development under both the Approved Project and proposed Modified Project would be required to pay stormwater drainage fees, pursuant to CMC Chapter 3.36, which is designed to mitigate the impacts of stormwater that is discharged into the City’s storm drain system and creeks in the Study Area. The assessments are used to construct, maintain, and operate the storm drain system and fund improvements in the storm drain infrastructure through the Capital Improvement Plan.

The General Plan EIR also found that the Environmental Resources and Sustainability (ES) Element includes policies and strategies that require local planning and development decisions to consider impacts that development could have on stormwater. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on storm drain systems:
 Policy ES-7.1. Natural Water Bodies and Drainage Systems. In public and private development, use Low Impact Development (LID) principles to manage stormwater by mimicking natural hydrology, minimizing grading, and protecting or restoring natural drainage systems.  Strategy ES-7.1.1. Development Plans. Continue to require topographical information, identification of creeks, streams, and drainage area; and grading plans for both public and private development proposals to ensure protection and efficient use of water resources.  Policy ES-7.2. Reduction of Impervious Surfaces. Minimize stormwater runoff and erosion impacts resulting from development and use low impact development (LID) designs to treat stormwater or recharge groundwater. (General Plan EIR Policy 5-34)
 Strategy ES-7.2.1. Lot Coverage. Consider updating lot coverage requirements to include paved surfaces such as driveways and on-grade impervious patios to incentivize the construction of pervious surfaces.
 Strategy ES-7.2.2. Pervious Walkways and Driveways. Encourage the use of pervious materials for walkways and driveways. If used on public or quasi-public property, mobility and access for the disabled should take preference.
 Strategy ES-7.2.3. Maximize Infiltration. Minimize impervious surface areas and maximize on-site filtration and the use of on-site retention facilities. (General Plan EIR Policy 5-34)  Policy ES-7.3. Pollution and Flow Impacts. Ensure that surface and groundwater quality impacts are reduced through development review and voluntary efforts.  Strategy ES-7.3.1. Development Review. Require LID designs such as vegetated stormwater treatment systems and green infrastructure to mitigate pollutant loads and flows.  Policy ES-7.4. Watershed Based Planning. Review long-term plans and development projects to ensure good stewardship of watersheds. (General Plan EIR Policy 5-22)  Strategy ES-7.4.1. Storm Drainage Master Plan. Develop and maintain a Storm Drainage Master Plan which identifies facilities needs to previous “10-year” event street flooding and “100-year” event structure flooding and integrate green infrastructure to meet water quality protection needs in a cost effective manner.
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 Strategy ES-7.4.2. Watershed Management Plans. Work with other agencies to develop broader Watershed Management Plans to model and control the City’s hydrology.  Strategy ES-7.4.3. Development. Review development plans to ensure that projects are examined in the context of impacts on the entire watershed, in order to comply with the City’s non-point source Municipal Regional Permit.
 Policy ES-7.5. Groundwater Recharge Sites. Support the Santa Clara Valley Water District efforts to find and develop groundwater recharge sites within Cupertino and provide public recreation where possible.
 Strategy ES-7.8.1. Inter-Agency Coordination. Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures, such as hydromodification controls as established by the Municipal Regional Permit.

Compliance with the MS4 permit; the SCVURPPP C.3 Handbook; the CMC requirements; and the General Plan 2040 goals, policies, and strategies would ensure that future development under the proposed Modified Project would not result in significant increases in runoff and would not contribute to the construction of new storm drain facilities or expansion of existing facilities that would cause significant environmental impacts. In addition, the City would continue to repair, rehabilitate, and upgrade the storm drain system through implementation of the CIP. Therefore, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts with respect to stormwater infrastructure beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

UTIL-8 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to stormwater.

The geographic context used for the cumulative impact with respect to stormwater is the two watersheds within the Study Area and the surrounding areas: Lower Peninsula Watershed and West Valley Watershed.

New development in these watersheds could increase impervious areas, thus increasing runoff and flows into the storm drainage systems. However, all cumulative projects would be required to comply with the MS4 permit, the SCVURPPP C.3 Handbook, and applicable CMC requirements, which would minimize stormwater runoff.

Impact Discussion HYDRO-9 in Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR considered cumulative impacts with respect to all hydrological and water quality impacts. All cumulative projects would be subject to similar permit requirements and would be required to comply with City ordinances and General Plan 2040 policies, as well as numerous water quality regulations that control construction related and operational discharge of pollutants in stormwater. Specifically, potential changes related to stormwater quality, storm water flows, drainage, impervious surfaces, and flooding would be minimized by the implementation of stormwater control measures, retention, infiltration, and LID measures, and review by the City’s Public Works Department to integrate measures to reduce potential flooding impacts.
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As described previously, development within the Study Area would require conformance with State and City policies that would reduce stormwater infrastructure impacts to less than significant levels. Any new development within the Study Area would be subject to the General Plan 2040 goals, policies, and strategies listed in Impact Discussion UTIL-7; the SCVURPPP C.3 Handbook; and the City’s Standard Environmental Protection Requirements pertaining to stormwater. Therefore, potential changes related to stormwater flows, drainage, impervious surfaces, and flooding would be minimized by the implementation of stormwater control measures, retention, infiltration, and low-impact-development measures and would be reviewed by the City staff for compliance with the Stormwater Management Plans.

All cumulative projects outside of the Study Area but within the watershed boundaries would be subject to similar permit requirements and compliance with the MS4 permit. In combination with past, present, and reasonably foreseeable projects future potential development under the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to stormwater infrastructure within the watersheds beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.15.4 Solid Waste

REGULATORY FRAMEWORK
Federal Regulations
Resource Conservation and Recovery Act of 1976
The Resource Conservation and Recovery Act of 1976 (Title 40 of the Code of Federal Regulations), Part 258, contains regulations for municipal solid waste landfills and requires states to implement their own permitting programs incorporating the federal landfill criteria. The federal regulations address the location, operation, design (liners, leachate collection, run-off control, etc.), groundwater monitoring, and closure of landfills.

State Regulations
Integrated Waste Management Act
The Integrated Solid Waste Management Act of 1989 (AB 939) codified in Public Resources Code 40050 et seq. (AB 939) established an integrated waste-management system that focused on source reduction, recycling, composting, and land disposal of waste. AB 939 required every California city and county to divert 50 percent of its waste from landfills by the year 2000. This act also requires that each city and county prepare a Source Reduction and Recycling Element to be submitted to the Department of Resource Recycling and Recovery (CalRecycle), a department within the California Natural Resources Agency. AB 939 also establishes a goal for all California counties to provide at least 15 years of ongoing landfill capacity.
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In 2007, SB 1016 amended AB 939 to establish a per capita disposal measurement system. The per capita disposal measurement system is calculated as a jurisdiction’s reported total disposal of solid waste divided by a jurisdiction’s population. CalRecycle sets a target per capita disposal rate for each jurisdiction. Each jurisdiction must submit an annual report to CalRecycle with an update of its progress in implementing diversion programs and its current per capita disposal rate.

Mandatory Commercial Recycling Act (AB 341)
AB 341 (Chapter 476, Statutes of 2011) increased the statewide solid waste diversion goal to 75 percent by 2020 and mandates commercial businesses and public entities that generate four cubic years or more of waste per week to have a recycling program in place. In addition, multifamily residential properties with five or more units are also required to develop a recycling program. AB 341 is designed to reduce greenhouse gas (GHG) emissions in the state by 5 million metric tons of carbon dioxide equivalents.

Mandatory Organics Recycling Act (AB 1826)
AB 1826, which was enacted in 2014 and took effect in 2016, mandated organic waste recycling for all businesses and multifamily dwellings that consist of five or more units. Starting in January 2020, all generators of two cubic yards or more of garbage, recycling, and compost combined per week must recycle organic waste. Organic waste includes food scraps, food-soiled paper and cardboard waste, green waste and yard trimmings, landscaping materials, and non-hazardous, non-treated wood waste.

California Short-Lived Climate Pollutants Act (SB 1383) SB 1383 focuses on the elimination of methane gas created by organic materials in landfills and establishes goals to reduce the landfill disposal of organics by achieving a 50 percent reduction in the statewide disposal of organic waste by 2020 and a 75 percent reduction by 2025. Organic waste makes up half of what Californians send to landfills. SB 1383 requires all businesses and residents to divert organic materials from landfills. The regulation took effect on January 1, 2022, and requires that organic collection services be provided to all residents and businesses. The collected organic waste must be recycled into new products, such as compost, mulch, biofuel, and electricity. Each city and county has an annual procurement target amount, based on its population, to use or give away those types of recycled new products. Also, an edible food recovery program had to be established by 2022 with the goal of recovering 20 percent of currently disposed edible food that would otherwise be sent to landfills to feed people in need. Mandated food donors and food recovery organizations and services must keep records of the amount and dates of food donations and acceptances.

California Solid Waste Reuse and Recycling Access Act
The California Solid Waste Reuse and Recycling Access Act requires new commercial and multi-family development projects to set aside areas for collecting and loading recyclable materials. This act required CalRecycle to develop a model ordinance for adoption by any local agency that provides adequate areas for the collection and loading of recyclable materials for development projects. Local agencies are required to adopt the model, or an ordinance of their own, that establishes standards including space allocation for the collection and loading of recyclable materials. 916
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California Green Building Standards Code (CALGreen)
The 2022 California Green Building Standards Code, also known as CALGreen, became effective on January 1, 2023. Sections 4.408 and 5.408, Construction Waste Reduction Disposal and Recycling, mandate that, in the absence of a more stringent local ordinance, a minimum of 65 percent of nonhazardous construction and demolition debris must be recycled or salvaged. CALGreen requires developers to prepare and submit a Construction Waste Management Plan, which must:
 Identify the materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.
 Specify if materials would be sorted on-site or mixed for transportation to a diversion facility.  Identify the diversion facility where the material collected can be taken.  Identify construction methods employed to reduce the amount of waste generated.  Specify that the amount of materials diverted shall be calculated by weight or by volume but not both.

Regional Regulations
Santa Clara County Department of Environmental Health, Solid Waste Program The Santa Clara County, Department of Environmental Health Solid Waste Program is designated as the Local Enforcement Agency (LEA) for all areas of Santa Clara County, including the City of Cupertino, except for the City of San Jose, which serves as its own LEA. The LEA regulates solid waste facilities to ensure compliance with State standards, and includes the following functions:
 Permits and inspects landfills, transfer stations, composting facilities, and refuse collection vehicles and yards.
 Monitors disposal facilities to exclude hazardous wastes, medical wastes, and liquid wastes.  Provides information to the public and industry regarding the proper disposal of solid wastes.  Investigates complaints and mitigates problems associated with illegal dumping, disposal, or storage of solid wastes.

Santa Clara County Integrated Waste Management Plan
As described above, the California Integrated Waste Management Act of 1989 required that each County prepare and adopt a Countywide Integrated Waste Management Plan (IWMP). The regulation also requires that each IWMP and its elements be reviewed, revised, if necessary, and submitted to CalRecycle every five years. Cupertino submitted the Source Reduction and Recycling Element (SRRE) to be included in the County’s IWMP in 1992. The SRRE contains information of waste generation within the City, source reduction objectives, recycling programs, composting programs, solid waste facility capacities, and public education and information.39
39 County of Santa Clara, 2024. Santa Clara County Integrated Waste Management Plan. https://reducewaste.santaclaracounty.gov/santa-clara-county-integrated-waste-management-plan accessed on January 19, 2024.
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Local Regulations
General Plan 2040
The Infrastructure (INF) Element of the General Plan 2040 contains goals, policies, and strategies that require local planning and development decisions to address potential solid waste impacts. Applicable policies and strategies that would minimize potential adverse impacts are identified in Section 4.15.4.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to address solid waste issues and encourage recycling efforts. The CMC is organized by title, chapter, and section. Most provisions related to solid waste are included in Title 6, Franchises, Title 9, Health and Sanitation, and Title 16, Building and Construction, as follows:
 Chapter 6.24, Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal.

This chapter requires the owner of each occupied property to subscribe to and pay for solid waste collection services made available through the City’s franchise agreement with the designated solid waste collection company. The chapter specifies requirements for single-family residents and commercial business generators as well as requirements for haulers and facility operators. In addition, commercial edible food generators, as well as food recovery organizations and services, must comply with the mandatory edible food recovery requirements specified in this chapter.  Chapter 9.12, Hazardous Material Storage. This chapter establishes regulations to prevent and control unauthorized discharges of hazardous materials. The provisions of the chapters establish regulations for new, existing, and out-of-service storage facilities.  Chapter 9.16, Recycling Areas. This chapter requires recycling areas to be located at a convenient location for persons depositing, collecting, loading the recyclable materials, and be adjacent to the solid waste collection area, if feasible. The chapter also requires the recycling areas to comply with the site and design guidelines and be maintained by the property owners to avoid waste accumulation that creates a visual, public health, or safety nuisance.  Chapter 9.20, Off-Site Hazardous Waste Facilities. This chapter establishes standards, land use regulations, and a permit review process for the siting and development of hazardous waste treatment, storage, transfer, and disposal facilities.
 Chapter 16.58, Green Building Standards Code Adopted. This chapter describes the 2022 California Green Building Standards adopted by the City, and any local amendments made with indications of additions or amendments to the State Standards. The CALGreen regulations require that at least 65 percent by weight of construction debris be recycled, reused, or otherwise diverted from landfill disposal.
 Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste. This chapter establishes regulations to comply with the California Waste Management Act of 1989. The chapter requires all projects within the city that involve construction, demolition, or renovation of that are subject to the Green Building Standards Code to comply with the provisions of the chapter, and the 918
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compliance with the chapter will be attached as conditions of approval of any building or demolition permit issued. An applicant for a covered project is required to recycle or divert at least 65 percent of all generated construction and demolition (C&D) waste. Prior to the permit issuance, the applicant is required to submit a properly completed Waste Management Plan, which includes the estimated maximum amount of C&D waste that can feasibly be diverted, which facility will handle the waste, and the total amount of C&D waste that will be landfilled.

Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to solid waste associated with buildout of the General Plan 2040 at a program level. The setting for solid waste utilities is described in detail in Chapter 4.14.3, Solid Waste, of the General Plan EIR. The City is required to implement General Plan EIR Mitigation Measure UTIL-8, which was previously adopted and incorporated into the General Plan 2040, to ensure impacts related to solid waste are less than significant. General Plan EIR Mitigation Measure UTIL-8 requires the City to continue current recycling and zero-waste practices, monitor solid waste generation, and seek new landfill sites to replace the Altamont and Newby Island landfills, at such time that these landfills are closed. This mitigation measure would be implemented by the City on an ongoing basis.

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in a significant impact related to solid waste if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-9. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?

LTS/M LTS
UTIL-10. Would not comply with federal, State, and local statutes and regulations related to solid waste? LTS LTS
UTIL-11. Result in cumulatively considerable impact with respect to solid waste? LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
UTIL-9 Implementation of the proposed Modified Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.

As described in the General Plan EIR, in 2012, the city of Cupertino’s actual disposal rate for residents was

2.6 pounds per person per day (PPD) with the target of 4.3 PPD. Table 4.14-14, Landfills’ Existing Capacity and Estimated Closure Date, of the General Plan EIR compares the remaining capacity, maximum daily and annual capacity, and estimated closure date for each of the four facilities used in the Study Area. Under the Approved Project, it is anticipated that the development in Cupertino will generate solid waste at a rate of 121,353 tons/year, which equates to approximately 332 tons/day. The General Plan EIR also 919
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included Mitigation Measure UTIL-8 to ensure the landfills that serve the Study Area have adequate permitted capacity to accommodate future development permitted under the Approved Project.

The proposed Modified Project would add 3,312 new housing units beyond the Approved Project.

Assuming an average of 2.94 people per household, this would equate to a residential population increase of 9,737 people. As shown in Table 4.15-7, Increase in Solid Waste Generation with Proposed Modified Project, this level of growth would result in an increase in solid waste of approximately 8.5 tons per day, or 3,112 tons per year. These numbers are conservative because, with continued recycling and waste reduction programs implemented by the City and the County, the waste generation rates would be reduced over time. As a demonstration of waste reduction progress, the City’s actual disposal rate for residents in 2022 was 2.0 pounds PPD, down 0.6 from 2012.

TABLE 4.15-7 INCREASE IN SOLID WASTE GENERATION WITH PROPOSED MODIFIED PROJECT Increase in Residents
Solid Waste
Generation Rate
(pounds/day)
Increase in Solid
Waste (tons/day)
Increase in Solid
Waste (tons/year)
9,737 1.8 8.8 3,199
Source: CalRecyle, 2024. PlaceWorks, 2024
Although the City of Cupertino sent solid waste to 17 different facilities in 2022, the latest year of record, the majority of the solid waste was transported to Newby Island Landfill, which is in the City of Milpitas.

The landfill has a maximum permitted throughput of 4,000 tons/day, a remaining capacity of 16.4 million cubic yards, and is estimated to close in 2041. Therefore, the landfill has a remaining capacity of more than 15 years, as required by AB 939. The landfill’s information is summarized in Table 4.15-8, Newby Island Landfill Data. Any future landfill agreements the City may enter into will also require proof of adequate capacity to meet future growth.

TABLE 4.15-8 NEWBY ISLAND LANDFILL DATA
Landfill Name and Location
Maximum
Permitted
Throughput,
tons/day
Average
Disposal,
tons/day
Residual
Disposal
Capacity,
tons/day
Remaining
Capacity,
cubic yards
Estimated
Closing Year
Newby Island Landfill, Milpitas, CA 4,000 1,920 2,080 16,400,000 2041 Source: CalRecycle, 2023, SWIS Facility Details and Landfill Tonnage Reports.

As shown in Table 4.15-7, an increase of 8.8 tons/day with implementation of the proposed Modified Project would be 0.4 percent of the current residual capacity of Newby Island Landfill. In addition, some of the solid waste from the City of Cupertino is transported to other landfill sites in the Bay Area, and the City is working to divert even more waste from landfill disposal through recycling, composting, and edible food redistribution. The Study Area already has one of the lowest solid waste generation rates in the Bay Area at 1.8 lbs./day per resident. This analysis shows that future potential development under the 920
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proposed Modified Project would not generate solid waste in excess of the capacity of the landfills that serve the Study Area.

This estimate conservatively assumes that all of the generated waste is landfilled. Future potential development pursuant to the proposed Modified Project would require compliance with CALGreen Sections 4.408 and 5.408, which require that at least 65 percent of nonhazardous construction and demolition waste from residential and nonresidential construction operations be recycled and/or salvaged for reuse. New development would also need to comply with AB 341 and SB 1383 that mandate recycling and organics collection for commercial and multifamily residential land uses. In addition, Recology South Bay provides recycling and yard waste services for all residents in the Study Area. Therefore, solid waste facilities would be able to accommodate project-generated solid waste, and impacts would be less than significant.

The General Plan EIR also found that the Infrastructure (INF) Element includes policies and strategies that require local planning and development decisions to consider impacts that development could have on solid waste. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects to solid waste generation and landfill capacity:
 Policy INF-7.1. Providers. Coordinate with solid waste system providers to utilize the latest technology and best practices to encourage waste reduction and meet, and even exceed, State targets.  Policy INF-7.2. Facilities. Ensure that public and private developments build new and on-site facilities and/or retrofit existing on-site facilities to meet the City’s waste diversion requirements.  Policy INF-7.3. Operations. Encourage public agencies and private property owners to design their operations to exceed regulatory waste diversion requirements.  Strategy INF-7.3.1. City Facilities and Events. Design new City facilities and retrofit existing facilities and event venues with recycling and trash collection bins to facilitate easy disposal of recyclable and compostable waste by staff and the public.
 Policy INF-7.4. Product Stewardship. Per the City’s Extended Producer Responsibility (EPR) policy, support statewide and regional EPR initiatives and legislation to reduce waste and toxins in products, processes, and packaging.
 Policy INF-8.1. Reducing Waste. Meet or exceed Federal, State, and regional requirements for solid waste diversion through implementation of programs.
 Strategy INF-8.1.1. Outreach. Conduct and enhance programs that promote waste reduction through partnerships with schools, institutions, businesses, and homes.  Strategy INF-8.1.2. Hazardous Waste. Work with providers and businesses to provide convenient hazardous and e-waste facilities for the community.
 Strategy INF-8.1.3. Preferential Purchasing. Maintain and update a City preferential purchasing policy for products that reduce packaging waste, greenhouse gas emissions, toxic contaminants, and are reusable.
 Strategy INF-8.1.4. Reuse. Encourage reuse of materials and reusable products. Develop a program for reuse of materials and reusable products in City facilities and outreach programs for community-wide participation by promoting community-wide garage sales and online venues.  Strategy INF-8.1.5. Collaboration. Collaborate with agencies and large businesses or projects to enhance opportunities for community-wide recycling, reuse, and reduction programs. 921
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 Strategy INF-8.1.6. Construction Waste. Encourage recycling and reuse of building materials during demolition and construction of City, agency, and private projects.  Strategy INF-8.1.7. Recycled Materials. Encourage the use of recycled materials and sustainably harvested materials in City, agency, and private projects.

With continued compliance with the applicable regulations, leading to increased recycling and waste diversion, and adherence to the proposed General Plan 2050 goal, policies, and action listed above, anticipated rates of solid waste disposal from implementation of the proposed Modified Project would be less than significant with respect to permitted landfill capacity. In addition, the Study Area is well below the CalRecycle target disposal rates and meets the regulatory requirements of AB 939. Therefore, implementation of the proposed project would not generate solid waste in excess of State and local standards or in excess of the capacity of the landfills, or otherwise impair the attainment of solid waste reduction goals. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts with respect to solid waste beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

UTIL-10 Implementation of the proposed Modified Project would comply with federal, State, and local statutes and regulations related to solid waste.

The General Plan EIR found that the City’s per capita disposal rate is below the target rate established by CalRecycle. Additionally, implementation of the strategies, programs, and plans referenced in 4.14.3.3, Impact Discussion, of the General Plan EIR as well as the Climate Action Plan that launched in May 2014, and the new Climate Action Plan 2.0 that was adopted in 2022, will enable the City to meet ongoing and evolving waste reduction regulations.

As described under Impact Discussion UTIL-9, Recology South Bay, which serves the Study Area, complies with all State requirements to reduce the volume of solid waste through recycling and organic waste diversion. The Study Area per capita disposal rate of 1.8 PPD per resident is well below the CalRecycle target of 4.3 PPD for residents. It is also one of the lowest disposal rates in the Bay Area. In addition, future potential development under the proposed Modified Project would comply with CALGreen Sections 4.408 and 5.408, which requires that at least 65 percent of nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse.

Future potential development under the proposed Modified Project would also comply with AB 341, which mandates recycling for commercial and multifamily residential land uses as well as schools and school districts. All jurisdictions in California are required to provide organic waste collection services to all residents and businesses, beginning in 2022 and in accordance with SB 1383. Recology South Bay and the City currently comply with all applicable federal, State, and local solid waste regulations, and solid waste, recycling, and green waste collection services are available for all residents and commercial businesses.

Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe conflicts with current and future regulatory requirements with respect to solid waste beyond what was evaluated in the General Plan EIR. 922
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Significance without Mitigation: Less than significant.

UTIL-11 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to solid waste.

The General Plan EIR concluded that the Approved Project will increase the quantity of solid waste for disposal. However, General Plan EIR Mitigation Measure UTIL-8 and existing waste reduction programs and diversion requirements would reduce the potential for exceeding existing capacities of landfills.

The area considered for cumulative impacts to solid waste disposal facilities is Santa Clara County. As reported by the California Department of Finance, the total population of Santa Clara County has been decreasing over the past four years, and the expected increase in population between 2020 and 2040 is projected to be approximately 84,000 people.40 The average solid waste generation rate for Santa Clara County residents is 2.7 lb/day, which would equate to an average disposal rate for the County of about 113 tons/day. This is well within the residual capacity of Newby Island Landfill, which is just over 2,000 tons/day. And this assumes that all of the solid waste generated in Santa Clara County would be transported to this one landfill, when in reality it would be transported to various landfills in the region. In addition, the amount of solid waste generated per resident is expected to decrease over time with continued recycling, composting, and food redistribution.

In addition, new development in the county would comply with CALGreen Sections 4.408 and 5.408, which require that at least 65 percent of nonhazardous construction and demolition waste from residential and nonresidential construction operations be recycled and/or salvaged for reuse. This would also reduce the volume of solid waste transported to the landfills. Continued compliance with the applicable regulations and an increase in recycling and landfill diversion rates would ensure that solid waste cumulative impacts would be less than significant. Therefore, the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to solid waste beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

4.15.5 Energy Infrastructure

REGULATORY FRAMEWORK
The regulatory framework for energy is described in detail in Chapter 4.5, Energy, of this EA. The regulatory requirements that pertain solely to energy infrastructure are repeated below. 40 California Department of Finance, 2024, Population Projections, https://dof.ca.gov/forecasting/demographics/projections/, accessed January 19, 2024. 923
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Federal Regulations
National Energy Policy
Established in 2001 by the National Energy Policy Development Group, the National Energy Policy is designed to help the private sector and state and local governments promote dependable, affordable, and environmentally sound production and distribution of energy for the future. Key issues addressed by the energy policy are energy conservation, repair and expansion of energy infrastructure, and ways of increasing energy supplies while protecting the environment.

Energy Policy Act of 2005
Passed by Congress in July 2005, the Energy Policy Act includes a comprehensive set of provisions to address energy issues. This Act includes tax incentives for energy conservation improvements in commercial and residential buildings, fossil fuel production and clean coal facilities, and construction and operation of nuclear power plants, among other things. Subsidies are also included for geothermal, wind energy, and other alternative energy producers.

Energy Independence and Security Act of 2007
Signed into law in December 2007, the Energy Independence and Security Act contains provisions designed to increase energy efficiency and the availability of renewable energy. The Act contains provisions for increasing fuel economy standards for cars and light trucks, while establishing new minimum efficiency standards for lighting as well as residential and commercial appliance equipment.

National Gas Pipeline Safety Act of 1968
The Natural Gas Pipeline Safety Act of 1968 authorizes the United States Department of Transportation to regulate pipeline transportation of flammable, toxic, or corrosive natural gas and other gases as well as the transportation and storage of liquefied natural gas. The Pipeline and Hazardous Materials Safety Administration within the Department of Transportation develops and enforces regulations for the safe, reliable, and environmentally sound operation of the nation's 2.6-million-mile pipeline transportation system. The regulations enacted under this act have been updated several times. The latest revision is dated May 2023 and includes additional safety regulations for gas transmission pipelines, including repair criteria, integrity management improvements, cathodic protection, and other inspection and maintenance procedures. The regulations are encoded in 49 Code of Federal Regulations, Part 192.

State Regulations
Warren-Alquist Act
Established in 1974, the Warren-Alquist Act created the California Energy Commission (CEC) in response to the energy crisis of the early 1970s and the state’s unsustainable growing demand for energy resources. The CEC’s core responsibilities include advancing State energy policy, encouraging energy efficiency, certifying thermal power plants, investing in energy innovation, developing renewable energy, 924
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transforming transportation, and preparing for energy emergencies. The Warren-Alquist Act is updated annually to address current energy needs and issues, and its latest revision is dated January 2023.

California Public Utilities Commission Long Term Energy Efficiency Strategy Plan Adopted in September 2008 and updated in January 2011, the California Public Utilities Commission (CPUC) Long Term Energy Efficiency Strategic Plan provides a framework for energy efficiency in California through the year 2020 and beyond. It articulates a long-term vision, as well as goals for each economic sector, identifying specific near-, mid-, and long-term strategies to assist in achieving these goals. The plan sets forth the following four goals, known as “Big Bold Energy Efficiency Strategies,” to achieve significant reductions in energy demand:
 All new residential construction in California will be zero net energy by 2020.  All new commercial construction in California will be zero net energy by 2030.  Heating, ventilation, and air conditioning will be transformed to ensure that its energy performance is optimal for California’s climate.
 All eligible low-income customers will be given the opportunity to participate in the low-income energy efficiency program by 2020.

The CPUC and CEC have adopted the following goals to achieve zero net energy levels by 2030 in the commercial sector:
 Goal 1: New construction will increasingly embrace zero net energy performance (including clean, distributed generation), reaching 100 percent penetration of new starts in 2030.  Goal 2: 50 percent of existing buildings will be retrofit to zero net energy by 2030 through achievement of deep levels of energy efficiency and with the addition of clean distributed generation.  Goal 3: Transform the commercial lighting market through technological advancement and innovative utility initiatives.

California Building Energy Code: Title 24, Part 6, Energy Efficiency Standards The State of California provides a minimum standard for energy conservation through Title 24, Part 6 California Code of Regulations, commonly referred to as the California Energy Code. The California Energy Code was first adopted by the California Energy Resources Conservation and Development Commission (now the CEC) in June 1977. The standards are updated on a three-year cycle to allow for consideration and possible incorporation of new energy efficiency technologies and methods. In August 2021, the CEC adopted the 2022 California Energy Code, which went into effect on January 1, 2023. The 2022 standards require mixed-fuel single-family homes to be electric ready to accommodate replacement of gas appliances with electric appliances. In addition, the new standards also include prescriptive photovoltaic systems and battery requirements for high-rise, multifamily buildings (i.e., more than three stories) and noncommercial buildings such as hotels, offices, medical offices, restaurants, retail stores, schools, warehouses, theaters, and convention centers.41
41 California Energy Commission, 2021, Amendments to the Building Energy Efficiency Standards (2022 Energy Code) Draft Environmental Report, CEC-400-2021-077-D.
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California Building Code: Title 24, Part 11, Green Building Standards On July 17, 2008, the California Building Standards Commission adopted the nation’s first green building standards. CALGreen (24 California Code of Regulations, Part 11) was adopted as part of the California Building Standards Code. It includes mandatory requirements for new residential and nonresidential buildings throughout California. CALGreen is intended to (1) reduce greenhouse gas (GHG) emissions from buildings; (2) promote environmentally responsible, cost-effective, healthier places to live and work; (3) reduce energy and water consumption; and (4) respond to the directives by the governor. The latest 2022 CALGreen code became effective on January 1, 2023.

CALGreen includes provisions to reduce construction waste, make buildings more efficient in the use of materials and energy, and reduce environmental impact during and after construction. CALGreen contains requirements for construction site selection, stormwater control during construction, construction waste reduction, indoor water use reduction, material selection, natural resource conservation, site irrigation conservation, etc. The code provides for design options, allowing the designer to determine how best to achieve compliance for a given site or building condition. The code also requires building commissioning, which is a process for verifying that all building systems (e.g., heating and cooling equipment and lighting systems) are functioning at their maximum efficiency.42 Appliance Efficiency Regulations
The Appliance Efficiency Regulations (Title 20, California Code of Regulations Sections 1601 through 1608), combined with federal standards, set minimum efficiency levels for energy and water consumption in products, such as consumer electronics, household appliances, and plumbing equipment. The regulations are continually updated with the latest revisions dated 2023. Eighteen categories of appliances are included in the scope of these regulations. The standards within these regulations apply to appliances that are sold or offered for sale in California, except those sold wholesale in California for final retail sale outside the state, and those designed and sold exclusively for use in recreational vehicles or other mobile equipment. These regulations exceed the standards imposed by all other states and they reduce GHG emissions by reducing energy demand.

California Energy Benchmarking and Disclosure
The Building Energy Benchmarking Program is mandated under AB 802 and requires owners of large commercial and multifamily buildings to report energy use to the CEC by June 1 annually. This program applies to all buildings with more than 50,000 square feet of gross floor area and owners of multifamily residential buildings with more than 50,000 square feet and 17 or more utility accounts. The bill requires each utility, upon the request and authorization of the owner, owner’s agent, or operator of a building covered under the regulation, to deliver or provide aggregated energy usage data for a covered building.

The required energy usage shall be reported to the CEC through the Energy Star Portfolio Manager. 42 California Building Standards Commission, 2022, 2022 California Code of Regulations Title 24, Part 11, https://codes.iccsafe.org/content/CAGBC2022P1, accessed January 20, 2024. 926
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California Renewable Portfolio Standards
A major component of California’s Renewable Energy Program is the Renewable Portfolio Standards established under SB 1078 (Sher) and SB 107 (Simitian). The standard requires that a specified percentage of the electricity that utilities provide comes from renewable resources. Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. SB 1020, signed into law on September 16, 2022, requires renewable energy and zero-carbon resources to supply 90 percent of all retail electricity sales by 2035 and 95 percent by 2040. Additionally, SB 1020 requires all State agencies to procure 100 percent of electricity from renewable energy and zero-carbon resources by 2035.

CPUC Natural Gas Regulations
The CPUC regulates natural gas utility rates and services as well as the transportation of natural gas over the extensive transmission and distribution pipeline systems. The CPUC also regulates gas storage facilities. The Gas Safety and Reliability Branch of the CPUC ensures that natural gas pipeline systems are designed, constructed, operated, and maintained according to the safety standards set by the CPUC and the federal government. The regulations are provided in the CPUC General Order No. 112-E and the Natural Gas Pipeline Safety Act of 2011.

Local Regulations
General Plan 2040
The Environmental Resource and Sustainability (ES) and the Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to address energy and telecommunications issues. Applicable policies and strategies that would minimize potential adverse impacts are identified in Section 4.15.4.3, Impact Discussion.

Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to address energy efficiency and energy conservation. The CMC is organized by title, chapter, and section. Most provisions related to energy and telecommunications are included in Title 2, Administration and Personnel, Title 3, Revenue and Finance, Title 6, Franchises, Title 16, Building and Construction, and Title 18, Subdivisions, as follows:
 Chapter 2.74, Cupertino Technology, Information, and Communications Commission. This chapter establishes the commission, which consists of five members that advise the City Council and City Manager on matters relating to technology, information, and communications within the City. The Commission also evaluates franchise agreements and franchise fees and provides support for community access television.
 Chapter 3.34, Utility Users Excise Tax. Under Section 3.34.040, Electricity Users Tax, every person in the City using electrical energy in the City must pay an “electricity users tax” to the service supplier.

Similarly, under Section 3.34,050, Gas Users Tax, every person within the City that uses natural gas, which is delivered through mains or pipes or by motor vehicle or by rail, must pay a “gas users tax.” 927
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 Chapter 3.35, Telecommunication Users Tax. This chapter imposes a tax upon every person in the City using telecommunications services and is collected from the service user by the telecommunication services provider.
 Chapter 6.08, Electricity- Pacific Gas and Electric Company. This chapter establishes PG&E as the franchise that will transmit and distribute electricity to the public within the City. PG&E is responsible for to construction and maintenance of all poles, wires, conduits, and lines along, across, within or under the streets within the City.
 Chapter 6.12 –Gas – Pacific Gas and Electric Company. This chapter establishes PG&E as the franchise for installing maintaining all natural gas infrastructure and transmitting and distributing gas to the public within the City.
 Chapter 6.28, Cable and Video Services. This chapter states that all entities that construct or operate a cable system or provide video service within the City must have been issued a state franchise and must pay franchise fees to the City as a percent of the gross revenue.  Chapter 16.28, Expedited Permit Process for Small Rooftop Solar Systems and Electric Vehicle Charging Systems. This chapter provides a streamline permitting process for rooftop solar energy systems and electric vehicle charging stations to promote and encourage the use of these alternative energy technologies.
 Chapter 16.54, Energy Code. The City adopts the provisions of the 2022 California Energy Code in this chapter.
 Chapter 16.58, Green Building Standards Code. This chapter adopts the 2022 California Green Building Standards Code, also known as CALGreen. The City of Cupertino also requires new construction over certain sizes (greater than 9 residential units or 25,000 square feet of nonresidential development) to build to Leadership in Energy and Environmental Design (LEED) or alternative reference standards. The LEED construction and/or other types of equivalent green building verification systems typically require enhanced building energy efficiency, which reduces heating and cooling requirements of a building and, therefore, also reduces GHG emissions.  Chapter 18.32, Subdivisions. Section 18.32.110, Energy Conservation requires a subdivision to provide to the extent feasible for future passive or natural heating or cooling opportunities.

Climate Action Plan
The City’s Climate Action Plan (CAP) 2.0 was adopted in August 2022 and includes measures and actions for reducing greenhouse gas emissions and achieving carbon neutrality. Chapter 8 of the CAP focuses on steps to increase the percentage of renewable energy used by the City and electrification of new buildings to reduce natural gas usage.43
43 Rincon Consultants, 2022. Cupertino Climate Action Plan 2.0. 928
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Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to energy associated with buildout of the General Plan 2040 at a program level. Impacts were found to be less than significant without mitigation. The setting for energy utilities is described in detail in Chapter 4.14.4 Energy Conservation, of the General Plan EIR.

STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant energy or telecommunications impact if it would:

Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-12 Implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities, the construction or relocation of which would cause significant environmental effects?

LTS LTS
UTIL-13 Implementation of the proposed Modified Project would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulatively considerable impact to electric power, natural gas, or telecommunications facilities.

N/A LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable

IMPACT DISCUSSION
UTIL-12 Implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects.

As described in the General Plan EIR, the Approved Project, upon buildout, will result in 4,040,231 square feet of additional office space, 1,343,679 square feet of additional commercial space, 1,000 additional hotel rooms, and 4,421 additional housing units. Future new development under the Approved Project would be constructed using energy-efficient modern building materials and construction practices. The new buildings also would use new modern appliances and equipment and would comply with the current CALGreen Building Code. Potential environmental impacts from possible new electrical switches/transformers would be addressed in project-specific reviews. In addition, buildout of the Approved Project would not significantly increase energy demands in the context of the 70,000-squaremile PG&E service territory for electricity and natural gas generation, transmission, and distribution.

Electrical service to the Study Area and the housing opportunity sites would be provided by Pacific Gas and Electric Company (PG&E) and Silicon Valley Clean Energy (SVCE) through connections to existing electrical lines and infrastructure. As shown in Table 4.5.1, Proposed Modified Project Energy Consumption, of Chapter 4.5, Energy, of this EA, the addition of 3,312 new housing units would result in the annual consumption of 11,636,361 kilowatt hours (kWh) and 37,527,747 British thermal units (BTUs).

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replacement of existing land uses with new development that meets the California Building Energy Efficiency Standards and CALGreen standards.

These energy consumption rates are modest increases when considered in the context of PG&E and SVCE’s service areas. PG&E currently has approximately 5.5 million electricity customers and is projected to have an electricity demand of 133,893 gigawatt-hours in 2035.44 One gigawatt-hour is equivalent to one million kilowatt-hours. Therefore, future potential development under the proposed Modified Project would consume less than 0.009 percent of the available energy distributed by PG&E. PG&E is expected to meet all of its customers’ electrical demands through 2035.

Similarly, the natural gas consumption rates for the proposed Modified Project are modest increases when considered in the context of PG&E’s service area. PG&E provides natural gas to approximately 4.5 million customers. Natural gas demand statewide is projected to decline an average of 1.1 percent through 2035 due to the goal of reducing greenhouse gas emissions and the ordinances of some cities for new construction to be all electric.45 PG&E states that its supplies of natural gas would meet all of its customers’ demands through 2035. The increase in natural gas consumption with implementation of the proposed Modified Project is approximately 0.0000021 percent of PG&E’s natural gas supply. Therefore, implementation of the proposed Modified Project would not result in the relocation or expansion of electric power or natural gas facilities or infrastructure.

Telecommunications services include wireless internet, cell phone and land line telephone, cable television, and satellite television. There are numerous telecommunication and internet providers that serve the Study Area. Multiple choices give Cupertino residents and businesses a variety of options when choosing telecommunication providers. The current infrastructure in place is sufficient to service existing and future customers within the Study Area. Because most of the new housing units would be in areas with existing telecommunications infrastructure, no new cables or networks would be required with implementation of the proposed Modified Project.

In addition, future development would be required to comply with the current and future updates to the California Energy Code and CALGreen, which would contribute to reducing energy demands. New buildings would also use new energy-efficient appliances and equipment, pursuant to the Appliance Efficiency Regulations, which would ensure the use of efficient electricity and natural gas consumption.

New buildings in compliance with these standards would generally have greater energy efficiency than existing buildings.

The General Plan EIR also found that the Environmental Resources and Sustainability (ES) and Infrastructure (INF) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on energy usage. Like the Approved Project, 44 California Energy Commission, 2023, California Energy Demand Forecast, 2021-2035, https://www.energy.ca.gov/datareports/reports/integrated-energy-policy-report/2021-integrated-energy-policy-report/2021-1, accessed January 20, 2024. 45 California Public Utilities Commission, 2022, 2022 California Gas Report, https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_Gas_Report_2022.pdf, accessed January 20, 2024.
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the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on energy and promote energy conservation:
 Policy ES-1.1. Principles of Sustainability. Incorporate principles of sustainability into Cupertino’ planning, infrastructure, and development process in order to improve the environment, reduce greenhouse gas emissions and meet the needs of the community without compromising the needs of future generations. (General Plan EIR Policy 5-1)
 Strategy ES-1.1.1. Climate Action Plan (CAP). Adopt, implement, and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements. This qualified greenhouse gas emissions reduction plan, by BAAQMD’s definition, will allow for future project CEQA streamlining and will identify measures to:
 Reduce energy use through conservation and efficiency.  Reduce fossil fuel use through multi-modal and alternative transportation.  Maximize use of and, where feasible, install renewable energy resources.  Policy ES-2.1. Conservation and Efficient Use of Energy Resources. Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources for new and existing residences, businesses, industrial and public uses. (General Plan EIR Policy 5-3) Strategy ES-2.1.1. Coordination. Continue to evaluate and revise, as necessary, applicable City plans, codes, and procedures for inclusion of Federal, State, and regional requirements and conservation targets.
 Strategy ES-2.1.2. Comprehensive Energy Management. Prepare and implement a comprehensive energy management plan for all applicable municipal facilities and equipment to achieve the energy goals established in the City’s Climate Action Plan. Track the City’s energy use and report findings as part of the Climate Action Plan reporting schedule. Embed this plan into the City’s Environmentally Preferable Procurement Policy to ensure measures are achieved through all future procurement and construction practices. (General Plan EIR Strategy 2 under Policy 5-3)  Strategy ES-2.1.3. Energy Efficient Replacements. Continue to use life cycle cost analysis to identify City assets for replacement with more energy efficient technology. Utilize available tools to benchmark and showcase City energy efficiency achievements (i.e., EPA Portfolio Manager, statewide Green Business Program). (General Plan EIR Strategy 4 under Policy 5-3)  Strategy ES-2.1.4. Incentive Program. Consider incentive programs for projects that exceed mandatory requirements and promote incentives from state, county, and federal governments for improving energy efficiency and expanding renewable energy installations. (General Plan EIR Strategy 5 under Policy 5-3)
 Strategy ES-2.1.6. Alternate Energy Sources. Promote and increase the use of alternate and renewable energy resources for the entire community through effective policies, programs, and incentives.  Strategy ES-2.1.7. Energy Co-Generation Systems. Encourage the use of energy co-generation systems through the provision of an awareness program targeting the larger commercial and industrial users and public facilities. (General Plan EIR Strategy 8 under Policy 5-3)  Strategy ES-2.1.8. Energy Audits and Financing. Continue to offer and leverage regional partners’ programs to conduct energy audits and/or subvention programs for homes, commercial, industrial and City facilities, and recommend improvements that lead to energy and cost savings opportunities for participants and encourage adoption of alternative energy technologies. Encourage energy audits to include emerging online and applications-based energy analytics and diagnostic tools. Share 931
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residential and commercial energy efficiency and renewable energy financing tools through outreach events and civic media assets. General Plan EIR Strategy 2 under Policy 5-4)  Strategy ES-2.1.10. Community Choice Energy. Collaborate with regional partners to evaluate feasibility for development of a Community Choice Energy Program.  Policy ES-3.1. Green Building Design. Set standards for the design and construction of energy and resource conserving/efficient building. (General Plan EIR Policy 5-4)  Strategy ES-3.1.1. Green Building Program. Periodically review and revise the City’s Green Building ordinance to ensure alignment with CALGreen requirements for all major private and public buildings projects that ensure reduction in energy and water use for new development through site selection and building design. (General Plan EIR Strategy 1 under Policy 5-4)  Strategy ES-3.1.2. Staff Training. Continue to train appropriate City staff in the design principles, costs, and benefits of sustainable building and landscape design. Encourage City staff to attend external trainings on these topics and attain relevant program certifications (e.g., Green Point Rater, Leadership in Energy & Environmental Design (LEED) Accredited Professional).  Strategy ES-3.1.3. Green Buildings Informational Seminars. Conduct and/or participate in Green Building informational seminars and workshops for members of the design and construction industry, land development, real estate sales, lending institutions, landscaping and design, the building maintenance industry and prospective project applicants.  Strategy ES-3.1.4. Green Building Demonstration. Pursue municipal facility retrofits, through a Green Capital Improvement Program (CIP), and new construction projects that exceed CALGreen and achieve third-party certification criteria (e.g., LEED, Living Building Challenge, Zero Net Energy) as a means of creating demonstration spaces for developer and community enrichment.  Policy INF-6.1. Telecommunications Master Plan. Maintain and update a Telecommunications Master Plan with regulations and guidelines for wireless and emerging technologies.  Policy INF-6.2. Coordination. Coordinate with providers to improve access and delivery of services to businesses and homes.
 Strategy INF-6.2.1. Facility Upgrades. When possible, require service providers to upgrade existing facilities as part of permit or lease renewals. Encourage use of newer technologies that allow the facility components to be reduced in size or improve screening or camouflaging.  Strategy INF-6.2.2. Improved Access. Work with providers to expand service to areas that are not served by telecommunications technologies.
 Strategy INF-6.2.3. City Facilities. Encourage leasing of City sites to expand access to telecommunications services. Develop standards for the incorporation of telecommunications systems and public use.
 Strategy INF-6.2.4. Agency and Private Facilities. Encourage the installation of communications infrastructure in facilities owned by other public agencies and private development.  Strategy INF-6.2.5. Communications Infrastructure. Support the extension and access to telecommunications infrastructure such as fiber optic cables.  Policy INF-6.3. Emerging Technologies. Encourage new and innovative technologies and partner with providers to provide the community with access to these services.  Strategy INF-6.3.1. Strategic Technology Plan. Create and update a Strategic Technology Plan for the City to improve service efficiency.
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Compliance with federal, State, and local regulations (e.g., Building Energy Efficiency Standards, CALGreen, and Renewables Portfolio Standards) would increase building energy efficiency and reduce building energy demands. Additionally, the General Plan 2040 goal, policies, and strategies would contribute to minimizing building-related energy demands and demands on nonrenewable sources of energy.

Implementation of the proposed General Plan 2040 goals, policies, and strategies in conjunction with and complementary to regulatory requirements, would ensure that energy demand associated with future potential development under the proposed Modified Project would be efficient, therefore avoiding the need for new or expanded electric power and natural gas facilities. In addition, the energy providers and telecommunications providers that currently serve the Study Area indicate that they have the capability to serve future increases in population within their service areas without significant changes to the existing infrastructure. Therefore, implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities beyond what was evaluated in the General Plan EIR.

Significance without Mitigation: Less than significant.

UTIL-13 Implementation of the proposed Modified Project would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulatively considerable impact to electric power, natural gas, or telecommunications facilities.

The General Plan EIR found that the Approved Project would not significantly increase energy demands in the context of the 70,000-square-mile PG&E service territory for electricity and natural gas generation, transmission, and distribution.

The area considered for cumulative impacts are the service areas of PG&E and SVCE for electricity and PG&E for natural gas. Other projects within the service areas would increase electricity and natural gas demands.

The CPUC has identified the Integrated Energy Policy Report as “the appropriate venue for considering issues of load forecasting, resource assessment, and scenario analyses, to determine the appropriate level and ranges of resource needs for load serving entities in California.”46 The latest report shows that California’s electricity sector is leading efforts to reduce GHG emissions and electricity consumption is projected to increase compared to previous energy demand projections, mostly attributable to increased levels of transportation electrification.47 Natural gas consumption is expected to level out between 2020 and 2026 before decreasing from 2026 to 2035 from new building standards and the implementation of city and county ordinances that require new construction to have all-electric appliances and heating. 46 California Energy Commission, February 2023, Final 2022 Integrated Energy Policy Report Update, https://www.energy.ca.gov/sites/default/files/2023-02/Adopted_2022_IEPR_Update_with_errata_ada.pdf, accessed January 20, 2024.
47 California Energy Commission, February 2023, Final 2022 Integrated Energy Policy Report Update, https://www.energy.ca.gov/sites/default/files/2023-02/Adopted_2022_IEPR_Update_with_errata_ada.pdf, accessed January 20, 2024.
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In addition, all future projects developed within the PG&E and SVCE service areas would implement the requirements of the California Energy Code and CALGreen. New buildings would also use new energyefficient appliances and equipment, pursuant to the Appliance Efficiency Regulations. Counties and cities review project design plans against these codes and ensure compliance before issuing construction permits. These measures would reduce the overall consumption of electricity and natural gas.

The energy providers and telecommunications providers that serve the Study Area and Santa Clara County indicate that they have the capability to serve future increases in population within their service areas without significant changes to the existing infrastructure. In addition, the General Plan 2040 includes goals, policies, and strategies that would contribute to minimizing inefficient, wasteful, or unnecessary energy consumption and ensure compliance with State, regional, or local plans for renewable energy, therefore avoiding the need for new or expanded electric power and natural gas facilities. Therefore, implementation of the proposed Modified Project would not result in a significant impact to electric power, natural gas, or telecommunication facilities, and cumulative impacts would be less than significant.

Significance without Mitigation: Less than significant. 934
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4.16 WILDFIRE
This chapter describes the potential wildfire impacts associated with the approval and implementation of the proposed Modified Project. This chapter describes the regulatory framework and baseline conditions, identifies criteria used to determine impact significance, provides an analysis of the potential impacts to wildfire, and identifies policies and/or strategies that could mitigate any potentially significant impacts.

4.16.1 Environmental Setting

REGULATORY FRAMEWORK
Federal Regulations
National Cohesive Wildfire Management Strategy
In the Federal Land Assistance, Management, and Enhancement Act of 2009 (FLAME Act), Congress mandated the development of a National Cohesive Wildland Fire Management Strategy for all lands in the United States. Wildfire management is guided by the National Cohesive Wildland Fire Management Strategy, which has three primary goals—resilient landscapes, fire adapted communities, and safe and effective wildfire response.1 These three goals enable land managers to manage vegetation and fuels; protect homes, communities, and other values at risk; manage human-caused ignitions; and effectively and efficiently respond to wildfires. California is part of the Western Regional Strategy Committee, chartered to support and facilitate the implementation of the National Cohesive Wildland Fire Strategy.

National Fire Protection Association Standards
National Fire Protection Association (NFPA) codes, standards, recommended practices, and guides are developed through a consensus standards development process approved by the American National Standards Institute. NFPA standards are recommended (advisory) guidelines for fire protection that are referenced in the California Fire Code (CFC), which is adopted by the City of Cupertino every three years.

Specific standards applicable to wildfire hazards include, but are not limited to:
 NFPA 1141, Fire Protection Infrastructure for Land Development in Wildlands  NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting  NFPA 1143, Wildland Fire Management
 NFPA 1144, Reducing Structure Ignition Hazards from Wildland Fire  NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations
1 US Department of the Interior and US Department of Agriculture, 2014, The National Strategy: The Final Phase of Development of the National Cohesive Wildland Fire Management Strategy, https://www.forestsandrangelands.gov/documents/strategy/strategy/CSPhaseIIINationalStrategyApr2014.pdf. 936
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WILDFIRE

4.16-2 APRIL 2024
State Regulations
California Department of Forestry and Fire Protection
The California Department of Forestry and Fire Protection (CAL FIRE) is dedicated to the fire protection and stewardship of over 31 million acres of California’s wildlands. CAL FIRE provides fire assessment and firefighting services for land in State Responsibility Areas (SRA), conducts educational and training programs, provides fire planning guidance and mapping, and reviews general plan safety elements to ensure compliance with State fire safety requirements. CAL FIRE staff, or a designee, also reviews building permit applications, parcel maps, and use permits for construction or development in SRAs and Local Responsibility Areas (LRA).

The Board of Forestry and Fire Protection is a government-appointed approval body within CAL FIRE. It is responsible for developing the general forest policy of the state, determining the guidance policies of CAL FIRE, and representing the state’s interest in federal forestland in California. The Board of Forestry and Fire Protection also promulgates regulations and approves general plan safety elements that are adopted by local governments for compliance with State statutes.

The California Office of the State Fire Marshal supports the mission of CAL FIRE by focusing on fire prevention. These responsibilities include regulating buildings in which people live, congregate, or are confined; controlling substances and products that may, in and of themselves or by their misuse, cause injuries, death, and destruction by fire; providing statewide direction for fire prevention within wildland areas; regulating hazardous liquid pipelines; developing and renewing regulations and building standards; and providing training and education in fire protection methods and responsibilities. These are accomplished through major programs, including engineering, education, enforcement, and support from the Board of Forestry and Fire Protection. For jurisdictions in SRAs or very high fire hazard severity zones (FHSZ), the Land Use Planning Program division of the Office of State Fire Marshal reviews safety elements during the update process to ensure consistency with California Government Code, Section 65302(g)(3).

Together, the Board of Forestry and Fire Protection, Office of State Fire Marshal, and CAL FIRE protect and enhance the forest resources of all wildland areas of California that are not under federal jurisdiction.

Fire Hazard Severity Zones and Responsibility Areas
CAL FIRE designates FHSZs as authorized under California Government Code Sections 51175 et seq. FHSZs may be designated Very High, High, or Moderate. CAL FIRE considers many factors when designating FHSZs, including fire history, existing and potential vegetation fuel, flame length, blowing embers, terrain, and weather patterns for the area. CAL FIRE designates FHSZs in two types of areas depending on which level of government is financially responsible for fire protection.  Local Responsibility Area (LRA). Incorporated communities are financially responsible for wildfire protection.
 State Responsibility Area (SRA). CAL FIRE and contracted counties are financially responsible for wildfire protection.
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GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT

CITY OF CUPERTINO

WILDFIRE
PLACEWORKS 4.16-3
CAL FIRE Strategic Fire Plan
CAL FIRE produced the 2018 Strategic Fire Plan for California, with goals, objectives, and policies to prepare for and mitigate the effects of fire on California’s natural and built environments.2 The 2018 Strategic Plan focuses on fire prevention and suppression activities to protect lives, property, and ecosystems in addition to providing natural resource management to maintain state forests as a resilient carbon sink to meet California’s climate change goals. A key component of the 2018 Strategic Fire Plan for California is the collaboration between communities to ensure fire suppression and natural resource management is successful.3

2021 California’s Wildfire and Forest Resilience Action Plan The Governor’s Forest Management Task Force developed California’s Wildfire and Forest Resilience Action Plan, which is a framework for establishing healthy and resilient forests that can withstand and adapt to wildfire, drought, and climate change. The Wildfire and Forest Resilience Action Plan accelerates efforts to restore the health and resilience of California’s forests, grasslands, and natural places; improves the fire safety of communities; and sustains the economic vitality of rural forested areas. CAL FIRE, in partnership with the US Forest Service, intends to scale up forest thinning and prescribed fire; integrate climate adaptation into the statewide network of regional forest and community fire resilience plans; improve the electricity grid resilience, and promote sustainable land use.

State Responsibility Area and Very High Fire Hazard Severity Zone Fire Safe Regulations California Code of Regulations (CCR) Title 14, Division 1.5, Chapter 7, Subchapter 2, SRA/Very High FHSZ Fire Safe Regulations, establishes minimum wildfire protection standards for construction and development in the SRA and Very High FHSZ and requires CAL FIRE to review development proposals and enact recommendations that serve as conditions of approval in these zones. These regulations apply to all residential, commercial, and industrial buildings in the Very High FHSZ and all tentative and parcel maps.

These standards include basic emergency access and perimeter wildfire protection measures, signing and building numbering, private water supply resources for emergency fire use, and vegetation modification.

Cupertino City CouncilMay 14, 2024

Cupertino City Council
May 14, 2024