Energy Storage
California has set ambitious long-term goals for energy storage beyond 2026 to support its clean energy and climate goals. The state aims to reach 100 percent carbon-free electricity by 2045, which will require significant investment in renewable energy sources like wind and solar, as well as energy storage technologies to balance the variability of these sources.
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The California Independent System Operator (CAISO) has a total energy storage capacity of more than 3,160 megawatts (MW) as of June 2022.7 This includes both large-scale and distributed energy storage systems, such as batteries, pumped hydroelectric storage, and thermal storage. CAISO is responsible for managing the electricity grid for much of California, and it has set a target of adding 3,300 MW of additional energy storage capacity by 2024 to support the integration of more renewable energy sources like wind and solar. As part of SB 100, load serving entities (LSEs) were required to procure no less than
1.3 gigawatts (GW) of energy storage capacity by 2020, and 3 GW by 2030. Additionally, the CPUC has established a target of 15 GW of energy storage capacity by 2030. 8 The Integrated Resource Plan (IRP)
CAISO develops a coordinated grid management plan to integrate the generation and storage capacities of LSEs, called the Integrated Resource Plan (IRP). The IRP is a comprehensive planning document that outlines CAISO’s forecasts for electricity demand, supply, and transmission needs over a 20-year planning horizon, as well as its strategies for integrating renewable energy resources and other grid services to meet those needs. The plan is developed in collaboration with LSEs, regulators, and other stakeholders, and is updated periodically to reflect changes in the energy landscape and evolving policy goals. Overall, the IRP plays a critical role in ensuring the reliability and resilience of California’s electricity grid as the state continues to transition to a cleaner and more sustainable energy system.
When an individual Battery Energy Storage (BES) facility or generation infrastructure (i.e., solar panels) comes online in California, it is typically included in the IRP through a process known as the Interconnection Queue. The Interconnection Queue is managed by the CAISO, which oversees the operation of the State’s electricity grid.
The Interconnection Queue
The Interconnection Queue is an application process that functions as a waiting list of proposed electricity generation and storage projects that are seeking to connect to the grid. When a new BES facility or generation infrastructure is proposed, the developer applies to CAISO to request an interconnection to the grid. CAISO evaluates the application to ensure that the facility meets technical and operational requirements, such as voltage regulation and frequency response, and that it can be integrated effectively into the grid.
Once the BES facility or generation infrastructure is approved by CAISO, it is assigned a point of interconnection on the grid, and its output is added to the IRP as a resource that can provide electricity and other grid services, such as frequency regulation or ramping support. The facility is then dispatched
7 California Independent System Operator, June 14, 2022, “A golden age of energy storage,” http://www.caiso.com/about/Pages/Blog/Posts/A-golden-age-of-energy-storage.aspx, accessed January 26, 2024. 8 California Public Utilities Commission, November 13, 2023, Draft 2023 Integrated Energy Policy Report, https://www.energy.ca.gov/data-reports/reports/integrated-energy-policy-report/2023-integrated-energy-policy-report, accessed January 26, 2024.
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by CAISO based on its bids into the day-ahead and real-time electricity markets, and its output is used to help balance supply and demand on the grid in real-time.
Overall, the Interconnection Queue is an important mechanism for integrating new BES facilities and other electricity resources into the California grid, and for ensuring that the grid remains reliable and resilient as the state continues to transition to a cleaner and more sustainable energy system.
Regional Regulations
Plan Bay Area 2050
The Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) adopted Plan Bay Area 2050 on October 21, 2021.9 Plan Bay Area 2050 provides transportation and environmental strategies to continue to meet the regional transportation-related GHG reduction goals of SB 375. Under the Plan Bay Area 2050 strategies, just under half of all Bay Area households would live within one half-mile of frequent transit by 2050, with this share increasing to over 70 percent for households with low incomes. Transportation and environmental strategies that support active and shared modes, combined with a transit-supportive land use pattern, are forecasted to lower the share of Bay Area residents that drive to work alone from over 50 percent in 2015 to 36 percent in 2050. GHG emissions from transportation would decrease significantly as a result of these transportation and land use changes, and the Bay Area would meet the state mandate of a 19-percent reduction in per-capita emissions by 2035 — but only if all strategies are implemented. 10 To achieve MTC’s/ABAG’s sustainable vision for the Bay Area, the Plan Bay Area land use concept plan for the region concentrates most new population and employment growth in the region in Priority Development Areas (PDAs). PDAs are transit-oriented, infill development opportunity areas within existing communities. An overarching goal of the regional plan is to concentrate development in areas where there are existing services and infrastructure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve the per capita passenger vehicle, VMT , and associated GHG emissions reductions. In Cupertino, there are four TPAs and two PDAs, the Santa Clara Valley Transportation Authority City Cores, Corridors & Station Areas, and South DeAnza. 11,12
9 Association of Bay Area Governments/Metropolitan Transportation Commission, 2021, October. Plan Bay Area 2050. https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf, accessed January 26, 2024.
10 Association of Bay Area Governments/Metropolitan Transportation Commission, 2021, October. Plan Bay Area 2050. /https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf, accessed January 26, 2024.
11 Metropolitan Transportation Commission, Transit Priority Areas (2021), 2024, https://opendata.mtc.ca.gov/datasets/MTC::transit-priority-areas-2021-1/explore?location=37.328339%2C- 122.044206%2C14.00, accessed on January 26, 2024.
12 Metropolitan Transportation Commission, Priority Development Areas – Plan Bay Area 2050, 2024, https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area-2050/explore?location=37.319615%2C- 122.033008%2C14.71, accessed on January 26, 2024.
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Bay Area Air Quality Management District Clean Air Plan 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:
Construct buildings that are energy efficient and powered by renewable energy. Walk, bicycle, and use public transit for the majority of trips and use electric-powered autonomous public transit fleets.
Incubate and produce clean energy technologies.
Live a low-carbon lifestyle by purchasing low-carbon foods and goods in addition to recycling and putting organic waste to productive use.13
A comprehensive multipollutant control strategy has been developed to be implemented in the next 3 to 5 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 the following sectors: 1) stationary (industrial) sources; 2) transportation; 3) energy; 4) agriculture; 5) natural and working lands; 6) waste management; 7) water; and 8) super-GHG pollutants. Overall, the proposed control strategy is based on the following key priorities:
Reduce emissions of criteria air pollutants and toxic air contaminants from all key sources. Reduce emissions of “super-GHGs” such as methane, black carbon, and fluorinated gases. 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. Decarbonize the energy system.
Make the electricity supply carbon-free.
Electrify the transportation and building sectors.
Local Regulations
General Plan 2040
The Housing (HE), Environmental Resources and Sustainability (ES), and Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to energy. Applicable policies and strategies that would minimize potential adverse energy impacts are identified in Section 4.5.3, Impact Discussion.
13 Bay Area Air Quality Management District (BAAQMD), 2017, Spare the Air: Cool the Climate, Final 2017 Clean Air Plan, https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-air-plan/attachment-a_-proposed-final-cap- vol-1-pdf.pdf?la=en, accessed January 26, 2024.
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Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse energy impacts from development in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to energy use and conservation are included in Title 16, Buildings and Construction, as follows:
Chapter 16.16, Electrical Code. Adopts the 2022 California Electrical Code as the rules, regulations, and standards within the City as to all matters except as modified or amended in the CMC. Chapter 16.32, Energy Code. Adopts the 2022 edition of the California Energy Code and all of the regulations, provisions, conditions and terms of the code and requires newly constructed buildings in the city to be all-electric, with varying exceptions for non-residential occupancies. Chapter 16.58, Green Building Code. Adopts the 2022 edition of the California Green Building Standards Code and includes local amendments regarding the local water and efficient landscape ordinance, electric vehicle charging, and space design for different types of new construction. Section 16.58.400, Electrical Vehicle (EV) Charging - Residential. Outlines the requirements and installation process of EV chargers in residential areas.
Cupertino Climate Action Plan
Adopted in August 2022, the City of Cupertino CAP 2.0 is an updated roadmap of specific actions to reduce GHG emissions, achieve the City’s target of carbon neutrality by 2040, and increase community resilience. 14 The CAP 2.0 allows City decision-makers and the community to understand the sources and magnitude of local GHG emissions and identifies a strategy, reduction measures, and implementation actions the City will use to achieve targets consistent with State recommendations of 15 percent below 2005 emissions levels by 2020, 4.3 metric tons of carbon dioxide equivalent (MTCO 2e) per person by
2030, and 1.2 MTCO2e per person by 2050. The CAP 2.0, adopted in 2022, updated and expanded the City’s goals from the 2015 CAP , it also details strategies for Cupertino to prepare for and mitigate approaching risks from climate change.
EXISTING CONDITIONS
The General Plan Environmental Impact Report (EIR) did not specifically analyze energy because it was approved prior to the 2019 amendments to the California Environmental Quality Act (CEQA) Guidelines, which incorporated subdivision (b) to CEQA Guidelines Section 15162.2. While certain energy impacts standards, such as the current 2022 Building Energy Efficiency Standards and Senate Bill 100, were adopted after the certification of the General Plan EIR, Chapter 4.14, Utilities and Services Systems, of the General Plan EIR addressed energy impacts associated with buildout of the General Plan 2040 at a program level. The setting for energy is described in detail in General Plan EIR Section 4.14.4.1, Environmental Setting.
14 City of Cupertino, 2022, August, Climate Action 2.0, https://www.cupertino.org/home/showpublisheddocument/31683/637964240923930000, accessed on January 26, 2024.
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Silicon Valley Clean Energy
Since the certification of the General Plan EIR a new energy service provider has formed, Silicon Valley Clean Energy (SVCE), which provides electricity through geothermal, solar power and storage, wind generation, and long duration storage to its service area. The service area includes Cupertino as well as 10 other jurisdictions, including Campbell, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Saratoga, Sunnyvale, and unincorporated Santa Clara County.
Customers are automatically enrolled in SVCE but have the option to opt out of SVCE renewable energy sources and receive their energy service from the Pacific Gas and Electric Company (PG&E). PG&E is responsible for maintaining transmission lines, handling customer billing, and responding to new service requests and emergencies within the SVCE service area.
Pacific Gas and Electric Company
Electricity
PG&E is a publicly traded utility company which generates, purchases, and transmits energy and natural gas under contract with the CPUC. PG&E’s service territory is 70,000 square miles, roughly extending north to Eureka, south to Bakersfield, west to the Pacific Ocean, and east to the Sierra Nevada mountain range. PG&E’s electricity distribution system consists of 106,681 circuit-miles of electric distribution lines and 18,466 circuit-miles of interconnected transmission lines.15 PG&E owns and maintains above-ground networks of electric transmission and distribution facilities throughout the EIR Study Area. In 2022, approximately 39 percent of PG&E’s energy generated came from renewable resources including biopower, geothermal, small hydroelectric, solar, and wind power.16 PG&E electricity is generated by a combination of sources such as coal-fired power plants, nuclear power plants, and hydro-electric dams, as well as newer sources of energy, such as wind turbines and photovoltaic plants, also known as solar farms. The bulk electric grid (collectively referred to as “The Grid”) is a network of high-voltage transmission lines, linked to power plants within the PG&E system. The distribution system, comprised of lower voltage secondary lines, is at the street and neighborhood level, and consists of overhead or underground distribution lines, transformers, and individual service “drops” that connect to the individual customer .
Natural Gas
PG&E gas transmission pipeline systems serve approximately 4.5 million gas customers in northern and central California.
17 The system is operated under an inspection and monitoring program. The system
15 Pacific Gas and Electric Company, 2024, Company profile. https://www.pge.com/en_US/about-pge/company- information/profile/profile.page, accessed January 26, 2024. 16 Pacific Gas & Electric Company, 2023, Key Sustainability Indicators, https://www.pgecorp.com/assets/pgecorp/localized/en/sustainability/corporate-responsibility- sustainability/reports/2023/sustainability/key-sustainability-indicators/#fnm1c, accessed January 26, 2024. 17 Pacific Gas and Electric Company, 2024. Company profile. https://www.pge.com/en_US/about-pge/company- information/profile/profile.page, accessed January 26, 2024.
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operates in real time on a 24-hour basis, and includes leak inspections, surveys, and patrols of the pipelines. PG&E also adopted Pipeline 2020 program, which aims to modernize critical pipeline infrastructure, expand the use of automatic or remotely operated shut-off valves, catalyze development of next-generation inspection technologies, develop industry-leading best practices, and enhance public safety partnerships with local communities, public officials, and first responders. Total natural gas consumption in PG&E’s service area was 449,302,071,200 kilo-BTU (KBTU) for 2021.18 PG&E is the sole provider for natural gas services to the City.
Fuel Consumption
California is among the top producers of petroleum in the country, with crude oil pipelines throughout the state connecting to oil refineries in the Los Angeles, the San Francisco Bay, and the Central Valley regions.
In addition to producing petroleum, California is also one of the top consumers of fuel for transportation.
With this sector accounting for approximately 35 percent of California’s total energy demand in 2020, amounting to approximately 2,355.5 trillion BTUs.19 In addition, in 2020, California’s transportation sector consumed approximately 433 million barrels of petroleum fuels.20 According to the California Energy Commission, California’s 2019 fuel sales were approximately 15,365 million gallons of gasoline and 1,756 million gallons of diesel.21 In Santa Clara County, approximately 713 million gallons of gasoline and 66 million gallons of diesel fuel were sold in 2019.22
4.5.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant energy impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
ENE-1. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
N/A LTS
ENE-2. Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? N/A LTS
ENE-3. Result in a substantial increase in natural gas and electrical service demands, and would not require new energy supply facilities and distribution infrastructure or capacity enhancing alterations to existing facilities?
LTS LTS
ENE-4. Result in a cumulatively considerable impact with respect to energy resources? N/A LTS
18 California Energy Commission, 2024, Gas Consumption by Planning Area. http://www.ecdms.energy.ca.gov/gasbyplan.aspx, accessed January 26, 2024. 19 United States Energy Information Administration, 2021, Table F35: Total Energy Consumption, Price, and Expenditure Estimates, 2021, https://www.eia.gov/state/seds/sep_fuel/html/pdf/fuel_te.pdf, accessed January 26, 2024. 20 United States Energy Information Administration, 2021, Table F16: Total Petroleum Consumption Estimates, 2021, https://www.eia.gov/state/seds/sep_fuel/html/fuel_use_pa.html, accessed January 26, 2024. 21 California Energy Commission, 2023, California Retail Fuel Outlet Annual Reporting (CEC-A15) Results, h https://www.energy.ca.gov/sites/default/files/2023-08/2010-2022%20CEC-A15%20Results%20and%20Analysis%20ADA.xlsx, accessed January 26, 2024.
22 California Energy Commission, 2023, California Retail Fuel Outlet Annual Reporting (CEC-A15) Results, h https://www.energy.ca.gov/sites/default/files/2023-08/2010-2022%20CEC-A15%20Results%20and%20Analysis%20ADA.xlsx, accessed January 26, 2024.
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Implementation of the proposed Modified Project would result in significant energy 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. Energy has been added as a separate impact category to Appendix G, thus this EA analyzes the current energy questions in addition to ENE-3, which was included in the General Plan EIR as UTIL-11. In the General Plan EIR, energy impacts were evaluated in Chapter 4.15, Utilities and Service Systems.
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.
4.5.3 IMPACT DISCUSSION
METHODOLOGY
To determine whether the proposed Modified Project would result in wasteful, inefficient, or unnecessary consumption of energy resources, this analysis uses the guidance provided in Appendix F of the CEQA Guidelines and the analytical precedent set by League to Save Lake T ahoe Mountain etc. v. County of Placer (2022) (75 Cal.App.5th 63, 164-168).
According to Appendix F of the CEQA Guidelines, the goal of conserving energy is translated to include decreasing overall per-capita energy consumption; decreasing reliance on fossil fuels, such as coal, natural gas, and oil; and increasing reliance on renewable energy sources. In League to Save Lake Tahoe Mountain etc. v. County of Placer (2022) (75 Cal.App.5th 63, 164-168), the Appellate Court concluded that the analysis of wasteful, inefficient, and unnecessary energy consumption was not adequate because it did not consider whether additional renewable energy features could be added to the project.
The proposed Modified Project would be considered to result in a potentially significant impact if it would result in wasteful, inefficient, or unnecessary consumption of energy resources. Considering the guidance provided by Appendix F of the CEQA Guidelines and the Appellate Court decision in League to Save Lake Tahoe Mountain etc. v. County of Placer (2022) (75 Cal.App.5th 63, 164-168), the proposed Modified Project would be considered to result in wasteful, inefficient, or unnecessary consumption of energy resources if it would conflict with the following energy conservation goals:
Decreasing overall per-capita energy consumption;
Decreasing reliance on fossil fuels such as coal, natural gas, or oil; and Increasing reliance on renewable energy sources.
The following is a summary of the assumptions used for this energy analysis:
On-Road Transportation. Fuel use was based on the daily vehicle trips and VMT provided for cumulative conditions and cumulative conditions with project implementation provided by Fehr and Peers in the City (see Chapter 4.14, Transportation, of this EA). Saturday and Sunday trip generation and VMT were calculated from the ratio CalEEMod default Saturday and Sunday trip rates to the weekday rate. All vehicle trips represented in the emissions modeling were assigned to be 100- percent primary, meaning no trip distance or generation discounts were applied for pass-by or diverted trips to provide a conservative emissions estimate.
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Energy (Natural Gas and Electricity). Based on the housing density data from Table 3-4, Housing Element (2023-2031) Opportunity Sites: Residential, and Table 3-5, Housing Element (2023-2031) Opportunity Sites: Commercial/Residential (Mixed Use), in Chapter 3, Project Description, of this EA, the proposed Modified Project would result in 3,312 net new residential units. 23 All new housing units have been assigned to “Apartments Low-Rise”, “Apartments Mid-Rise”, Condos/Townhouse”, and “Single-Family Housing” categories. Emissions associated with natural gas and electricity use for residential land uses in the City were modeled based on CalEEMod default data for year 2031. 24 While the proposed Modified Project would have a buildout horizon year of 2040, the updates to the General Plan included in the proposed Modified Project in part is in response to the current Regional Housing Needs Assessment (RHNA) cycle, which has a horizon of 2031. Therefore, a buildout year of 2031 was used in emissions and energy consumption estimates for a conservative assessment and efficiencies are expected to improve through 2040 and the 3,312 net new residential units are identified for the RHNA cycle through 2031.
ENE-1 Implementation of the proposed Modified Project would not result in a potentially significant environmental impact from wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation.
The General Plan EIR did not specifically analyze energy because it was approved prior to the 2019 amendments to the CEQA Guidelines to incorporate CEQA Guidelines Section 15162.2(b). However, as described previously, energy impacts associated with buildout of the General Plan 2040 at a program level were analyzed in Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, and were found to be less than significant.
Short-Term Construction Impacts
Potential future development projects facilitated by the proposed Modified Project would create temporary demands for electricity during construction. Natural gas is not generally required to power construction equipment, and therefore is not anticipated during construction activity. It is anticipated that most electric-powered construction equipment would be hand tools (e.g., power drills, table saws, compressors) and lighting, which would result in minimal electricity usage during construction activities.
Future potential development projects under both the Approved Project and proposed Modified Project would also temporarily increase demands for energy associated with transportation and off-road equipment operation. Transportation energy use depends on the type and number of vehicle trips, VMT , fuel efficiency of vehicles, and travel mode. Energy use during construction would come from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction
23 Modeling assumed 3,317 new residential units within the City for consistency with the transportation analysis. 24 While energy use is based off of year 2031 for consistency with the Housing Element planning period, the proposed Modified project would have an implementation year of 2040.
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employee vehicles that would use diesel fuel or gasoline. The use of energy resources by these vehicles would fluctuate according to the construction activity and would be temporary. It is anticipated that most off-road construction equipment, such as those used during demolition and grading, would be gas or diesel powered. In addition, all operation of construction equipment would cease after completion of project construction. Furthermore, the construction contractors would be required to minimize non- essential idling of construction equipment during construction, in accordance with the California Code of Regulations Title 13, Chapter 9, Article 4.8, Section 2449. Such required practices would limit wasteful and unnecessary energy consumption. Future potential development in the Study Area under the Approved Project would be similar to potential future development under the proposed Modified Project. Overall, there would be no unusual project characteristics anticipated under the proposed Modified Project that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in other parts of California. Therefore, short-term construction activities that occur as a result of implementation of the proposed Modified Project would not result in inefficient, wasteful, or unnecessary fuel consumption during construction activities compared to the Approved Project. The proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the General Plan EIR.
Long-Term Impacts During Operation
Operation of potential future development accommodated under the proposed Modified Project would create additional demands for electricity and natural gas compared to the Approved Project. Operational use of electricity and natural gas would include heating, cooling, and ventilation of buildings; water heating; operation of electrical systems; use of on-site equipment and appliances; lighting; and charging electric vehicles. Land uses accommodated under the proposed Modified Project would also result in additional demands for transportation fuels (e.g., gasoline, diesel, compressed natural gas, and electricity) associated with on-road vehicles. Electricity, natural gas, and transportation fuel consumption estimates during operation of the proposed Modified Project are presented in Table 4.5-1, Proposed Modified Project Energy Consumption.
TABLE 4.5-1 PROPOSED MODIFIED PROJECT ENERGY CONSUMPTION Energy Resource Annual Energy Consumption a
Building – Electricity b 11,636,361
Building – Natural Gas c 37,527,747
Transportation – Electricity b 2,110,930
Transportation – Natural Gas d 981
Transportation – Diesel d 35,719
Transportation – Gasoline d 1,723,451
Notes:
a. While energy use is based off of year 2031 for consistency with the Housing Element planning period, the proposed Modified Project would have an implementation year of 2040.
b. Energy resource is expressed in kilowatt-hours (kWh). c. Energy resource is expressed in kilo-British thermal units (kBTU). d. Diesel, compressed natural gas (CNG), and gasoline fuels are expressed in gallons. Electric vehicles are expressed in kilowatt-hours (kWh).
Source: CalEEMod Output; EMFAC 2021 Version 1.0.2; Appendix B to this EA.
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As shown in Table 4.5-1, Proposed Modified Project Energy Consumption, the maximum 2040 buildout of up to 3,31225 new units under the proposed Modified Project would result in the annual consumption of an estimated 11,636,361 kWh of electricity, 37,527,747 BTUs of natural gas, 35,719 gallons of diesel transportation fuel, 981 gallons of CNG transportation fuel, and 1,723,451 gallons of gasoline transportation fuel. Considering that the introduction of up to 3,312 new units could accommodate up to 9,737 new residents, the proposed Modified Project is anticipated to result in 1,412 kWh of electricity, 3,854 BTUs of natural gas, 3.7 gallons of diesel fuel, 0.1 gallons of CNG fuel, and 117 gallons of gasoline fuel per capita.
Decreasing Overall Per-Capita Energy Consumption
While the electricity and natural gas demand for the Study Area is expected to increase compared to the Approved Project because the new energy consumption estimates shown in Table 4.5-1, Proposed Modified Project Energy Consumption, account for new units beyond the City’s current housing supply, developments accommodated under the proposed Modified Project would be required to comply with the most current versions of the Building Energy Efficiency Standards and CALGreen. Compliance with these regulations would contribute to reducing the building-related energy demands shown in Table 4.5- 1, Proposed Modified Project Energy Consumption. Newly constructed and redeveloped buildings that comply with these standards would generally have greater energy efficiency than existing buildings. In addition, not all units envisioned by the proposed Modified Project would be constructed under the current California Building Code cycle and would be subject to future iterations of CALGreen and other related building codes. It is anticipated that each update to the Building Energy Efficiency Standards and CALGreen would result in greater building-related per-capita energy efficiency and move closer toward buildings achieving zero net energy.
In addition to the Building Energy Efficiency Standards and CALGreen, the proposed Modified Project Housing (HE), Environmental Resources and Sustainability (ES), and Infrastructure (INF) Elements contain policies and strategies that require local planning and development decisions to consider impacts that potential future development could have energy. 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 increase energy efficiency and reduce wasteful, inefficient use of energy resources. Strategy HE-1.3.5. Encourage Mixed-Use Projects and Residential in Commercial Zones. The City will incentivize development of residential units in mixed-use projects that include affordable units (at least 20 percent), by providing incentives, which will include, but are not limited to:
Priority project processing
Delay payment of development impact or permit fees for affordable units Flexibility in development standards, such as parking, setbacks, and landscaping requirements Support grant application requests for funding made by developers for infrastructure upgrades.
25 Modeling assumed 3,317 new residential units in the City for consistency with the transportation analysis.
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Assist developers of 100 percent affordable housing developments with securing additional financing.
Strategy HE-2.3.12. Live/Work Units. Encourage the development or conversion of affordable live/workspace units to reduce displacement of residents and employees, specifically when replacing older strip mall type developments along busier streets (e.g., S. De Anza Boulevard and Stevens Creek Boulevard) to preserve the more urban and mixed-use character of the street. This would allow the street frontage to remain commercial use while the residential portion of the units would be located towards the rear of the site or in upper floors.
The City will also help to market the Homeownership Assistance Programs offered by Housing Trust Silicon Valley (HTSV) in an effort to expand affordable homeownership options. Policy HE-4.1. Energy and Water Conservation. Encourage energy and water conservation in all existing and new residential development.
Strategy HE-4.1.1. Enforcement of Title 24. The City will continue to enforce Title 24 requirements for energy conservation and will evaluate using some of the other suggestions as identified in the Environmental Resources/Sustainability Element.
Strategy HE-4.1.2. Sustainable Practices. The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and nonresidential development, additions, renovations, and tenant improvements of 10 or more units. To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or new) with fewer than 10 units to exceed the minimum requirements of the California Green Building Code. The City will also implement the policies in its climate action plan to achieve residential-focused greenhouse gas emission reductions and further these community energy and water conservation goals. Strategy HE-4.1.3. Sustainable, Energy-Efficient Housing. The City will work with and support housing developers to develop sustainable, energy-efficient housing. Such development should include solar panels, green roofs, energy-efficient lighting, and other features that aim toward carbon-neutral impacts while lowering energy costs.
Policy ES-1.1. Principles of Sustainability. Incorporate principles of sustainability into Cupertino’s 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.
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.
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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.
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.
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).
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. 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.
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 residential and commercial energy efficiency and renewable energy financing tools through outreach events and civic media assets.
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.
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.
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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. 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. 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-6.2.4. 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.
Additionally, fuel efficiency of vehicles during the buildout year of 2040 would, on average, improve compared to vehicle fuel efficiencies experienced under the Approved Project, thereby resulting in a lower per-capita fuel consumption in 2040 assuming travel distances, travel modes, and trip rates remain the same. The improvement in fuel efficiency would be attributable to regulatory compliance (e.g., CAFE standards), resulting in new cars that are more fuel efficient and the attrition of older, less fuel-efficient vehicles. The CAFE standards are not directly applicable to residents or land use development projects, but to car manufacturers. Thus, City residents do not have direct control in determining the fuel efficiency of vehicles manufactured and that are made available. However, compliance with the CAFE standards by car manufacturers would ensure that vehicles produced in future years have greater fuel efficiency and GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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would generally result in an overall benefit of reducing fuel usage by providing the population of the city with more fuel-efficient vehicle options. Considering the proposed Modified Project would result in future potential development, which on average would have the same or greater energy-efficient designs than current structures and those under the Approved Project, and vehicle fuel efficiencies would improve year over year through the buildout year of 2040, the proposed Modified Project is anticipated to result in a decrease in overall per-capita energy consumption in 2040. As such, the proposed Modified Project would be consistent with this energy conservation criterion. The proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the General Plan EIR.
Decreasing Reliance on Fossil Fuels
The proposed Modified Project would conflict with this criterion if it did not take steps to decrease the reliance on fossil fuels. New and replacement buildings in compliance with CALGreen standards would generally have greater energy efficiency than existing buildings. In addition, not all future potential development under the proposed Modified Project would be constructed under the current California Building Code cycle and would be subject to future iterations of CALGreen and other related building codes. It is anticipated that each update to the Building Energy Efficiency Standards and CALGreen would result in greater building-related per-capita energy efficiency and move closer toward buildings achieving zero net energy. The new energy-efficiency building standards would result in a decrease in per unit or per-capita natural gas consumption for space and water heating.
In addition to the Building Energy Efficiency Standards and CALGreen, the proposed Modified Project Housing (HE), and Land Use and Community Design (LU) Elements contain policies and strategies that require local planning and development decisions to consider impacts that potential future development could have energy. 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 increase energy efficiency and reduce wasteful, inefficient use of energy resources. Strategy HE-1.3.5. Encourage Mixed-Use Projects and Residential in Commercial Zones. The City will incentivize development of residential units in mixed-use projects that include affordable units (more than 20 percent), by providing incentives, which will include, but are not limited to:
Priority project processing
Delay payment of development impact or permit fees for affordable units Flexibility in development standards, such as parking, setbacks, and landscaping requirements Support developers with infrastructure upgrades in the way of grant applications for funding. Assist developers of 100 percent affordable housing developments with securing additional financing.
Strategy HE-2.3.12. Live/Work Units. Encourage the development or conversion of affordable live/workspace units to reduce displacement of residents and employees, specifically when replacing older strip mall type developments along busier streets (e.g., S. De Anza Boulevard and Stevens Creek Boulevard) to preserve the more urban and mixed-use character of the street. This would allow the street frontage to remain commercial use while the residential portion of the units would be located towards the rear of the site or in upper floors. The City will also help to market the Homeownership Assistance Programs offered by Housing Trust Silicon Valley (HTSV) in an effort to expand affordable homeownership options.
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Strategy HE-4.1.1. Enforcement of Title 24. The City will continue to enforce Title 24 requirements for energy conservation and will evaluate using some of the other suggestions as identified in the Environmental Resources/Sustainability Element.
Strategy HE-4.1.2. Sustainable Practices. The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and nonresidential development, additions, renovations, and tenant improvements of 10 or more units. To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or new) with fewer than 10 units to exceed the minimum requirements of the California Green Building Code. The City will also implement the policies in its climate action plan to achieve residential-focused greenhouse gas emission reductions and further these community energy and water conservation goals. Strategy HE-4.1.3. Sustainable, Energy-Efficient Housing. The City will work with and support housing developers to develop sustainable, energy-efficient housing. Such development should include solar panels, green roofs, energy-efficient lighting, and other features that aim toward carbon-neutral impacts while lowering energy costs.
Policy HE-4.1. Energy and Water Conservation. Encourage energy and water conservation in all existing and new residential development.
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. 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.
The proposed Modified Project also envisions new residential development throughout the Study Area, which would be required to install rooftop solar if seeking compliance with the prescriptive method of the Energy Code. New single-family residences would be required to comply with Title 24, Part 6, Subchapter 8, Section 150.1(c)14 and new multifamily residences would be required to comply with Title 24, Part 6, Subchapter 11, Section 170.2(f), of the 2022 California Building Code to include rooftop solar systems.
Compliance with these codes would decrease overall reliance on fossil fuels for electricity generation as some on-site electricity consumption could be satisfied with on-site electricity generation.
Moreover, as previously discussed, fuel efficiency of vehicles during the buildout year of 2040 would on average improve compared to vehicle fuel efficiencies experienced under the Approved Project. In addition to regulatory compliance that would contribute to more fuel-efficient vehicles and less per-capita demand in fuels, the General Plan EIR also found that Land Use and Community Design (LU), Environmental Resources and Sustainability Elements (ES), and Mobility (M) Elements contain policies and strategies that require local planning and development decisions to consider impacts that potential future development could have related to 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, GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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would contribute to minimizing overall VMT and fuel consumption, and thus incrementally decreasing dependance on fossil fuels for transportation energy needs. 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)
Policy M-1.1. Regional Transportation Planning. Participate in regional transportation planning processes to develop programs consistent with the goals and policies of Cupertino’s General Plan and to minimize adverse impacts on the City’s circulation system. Work with neighboring cities to address regional transportation and land use issues of mutual interest. 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. 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-8.1. Greenhouse Gas Emissions. Promote transportation policies that help to reduce greenhouse gas emissions.
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-8.3. Transportation Systems Management (TSM) Programs. 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. Policy M-9.2. Reduced Travel Demand. Promote effective TDM programs for existing and new development.
Strategy ES-2.1.9. Energy Efficient Transportation Modes. Continue to encourage 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, sage 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.
For a complete list of policies and strategies aimed at reducing VMT , please see Impact Discussion TRANS- 2, in Chapter 4.14, Transportation, of this EA. Considering these policies and strategies and those in Chapter 4.14, the proposed Modified Project would result in potential future development consisting of up to 3,312 dwelling units that would be designed to be compliant with the California Building Code, thereby reducing reliance on fossil fuels for space and water heating. Additionally, the proposed Modified Project would result in population growth that would result in subsequent increases in transportation GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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energy demand; however, with improving fuel-efficiency standards year over year through the buildout year of 2040 and compliance with the EV charging infrastructure requirements in the California Building Code, the proposed Modified Project would reduce reliance on fossil fuels for transportation energy demand on average. Therefore, the proposed Modified Project would be considered consistent with this energy conservation criterion, similar to the Approved Project. The proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the General Plan EIR.
Increasing Reliance on Renewable Energy Sources
New potential future development in the form of single-family residences under both the Approved Project and proposed Modified project would be required to comply with Title 24, Part 6, Subchapter 8, Section 150.1(c)(14) and new multifamily residences would be required to comply with Title 24, Part 6, Subchapter 11, Section 170.2(f), of the 2022 California Building Code, which may include rooftop solar systems depending on the Energy Code compliance method taken by the individual project. Compliance with these codes would directly increase overall reliance on renewable energy sources for electricity generation. Moreover, compliance with the EV charging infrastructure requirements in CALGreen would increase availability for electricity for transportation energy demand. As electricity consumed in California is required to meet the increasing renewable energy mix requirements under the State’s RPS and accelerated by SB 100, greater proportions of electricity consumed potential future development and for transportation energy demand under the proposed Modified Project would continue to be sourced from renewable energy sources. Furthermore, future potential development facilitated by the proposed Modified Project would be automatically enrolled in SVCE service, which provides more renewable- sourced electricity services in addition to those provided by PG&E. While future potential development would have the option to opt-out back into PG&E service, SVCE would automatically enroll future residents accommodated by the proposed Modified Project into their minimum 44.9 percent renewable “SVCE GreenStart” electricity service.26 As future potential residents have the option to choose an electricity service that relies on renewable sources more for electricity generation than what is minimally required under the State’s RPS, and considering that both electricity service providers for the Study Area would provide incrementally greater and greater proportions of renewably sourced electricity to city residents, future potential development under the proposed Modified Project would result in an overall increase in reliance on renewable energy sources. As such, the proposed Modified Project would be consistent with this energy conservation criterion.
Considering the above analysis demonstrating that the proposed Modified Project would result in an overall decrease in energy consumption per capita, decrease in reliance on fossil fuels, and increase in renewable energy sources, the proposed Modified Project would not result in wasteful, inefficient, or unnecessary consumption of energy resources. As such, the proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the General Plan EIR.
Significance without Mitigation: Less than significant.
26 Silicon Valley Clean Energy (SVCE). 2024, January 26 (accessed). 2022 Power Mix (Residential). https://svcleanenergy.org/wp-content/uploads/PCL-Residential-Tech_ADA.pdf GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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ENE-2 Implementation of the proposed Modified Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency.
The General Plan EIR did not specifically analyze Approved Project consistency with renewable energy or energy-efficiency plans because it was approved prior to the 2019 amendments to the CEQA Guidelines to incorporate CEQA Guidelines Section 15162.2(b).
California Renewables Portfolio Standard Program
The state’s electricity grid is transitioning to renewable energy under California’s RPS program. Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. In general, California has RPS requirements of 33 percent renewable energy by 2020 (SB X1-2), 40 percent by 2024 (SB 350), 50 percent by 2026 (SB 100), 60 percent by 2030 (SB 100), and 100 percent by 2045 (SB 100). SB 100 also establishes RPS requirements for publicly owned utilities that consist of 44 percent renewable energy by 2024, 52 percent by 2027, and 60 percent by 2030. The statewide RPS requirements do not directly apply to individual development projects, but to utilities and energy providers such as PG&E and SVCE, whose compliance with RPS requirements would contribute to the State of California objective of transitioning to renewable energy. For the City of Cupertino, California’s Community Choice Aggregation (CCA) law (AB 117, 2002)
27 requires SVCE to become the default provider of electric generation for customers in its service area and operate as an opt-out program. Even if customers in the Study Area were to opt-out of the SVCE GreenStart program, and therefore receive all their electricity from PG&E, 38.3 percent of PG&E’s electricity is generated from renewable energy.28 Both electricity providers would be required to be consistent with the statewide RPS requirements.
Future potential development under the proposed Modified Project would be required to comply with the current and future iterations of the Building Energy Efficiency Standards and CALGreen. Furthermore, as described for Impact Discussion ENE-1, the proposed Modified Project would implement Housing Element policies that would support the statewide goal of transitioning the electricity grid to renewable sources.
The net increase in energy demand associated with implementation of the proposed Modified Project would be within the service capabilities of SVCE and PG&E and would not impede their ability to implement California’s renewable energy goals. Therefore, similar to the Approved Project, implementation of the proposed Modified Project would not conflict with or obstruct implementation of California’s RPS program. The proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the General Plan EIR.
27 California Public Utilities Commission (CPUC), 2024, January 31 (accessed). Community Choice Aggregation, https://www.cpuc.ca.gov/consumer-support/consumer-programs-and-services/electrical-energy-and-energy- efficiency/community-choice-aggregation-and-direct-access-/cca-regulatory-information 28 Pacific Gas and Electric (PG&E). 2024, January 26 (accessed). 2022 Power Mix. https://www.pge.com/content/dam/pge/docs/account/billing-and-assistance/bill-inserts/1023-Power-Content-Label.pdf GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Cupertino Climate Action Plan
The Cupertino Climate Action Plan 2.0 (CAP 2.0) is a strategic planning document that identifies sources of GHG emissions in the city’s limits; presents current and future emissions estimates; identifies a GHG reduction target for future years; and presents strategic goals, measures, and actions to reduce emissions from the energy, transportation, land use, water, solid waste, and green infrastructure sectors.29 Pursuant to the CAP 2.0, projects are considered consistent with the CAP 2.0 if they do not conflict with the required GHG reduction measures contained in the CAP .
In compliance with CMC Section 17.04, Standard Environmental Protection Requirements, the future potential development under the proposed Modified Project must complete a consistency checklist with the City’s CAP for review and approval by the City Environment and Sustainability Department prior to issuance of the first permit. A project consistency matrix with the adopted energy-reduction measures are shown in Table 4.5-2, Cupertino Climate Action Plan 2.0 Consistency Matrix. As described here, implementation of the proposed Modified Project would be required to be consistent with the applicable energy-related measures of the CAP 2.0. Therefore, the proposed Modified Project would not conflict or obstruct implementation of the City’s CAP . The proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the General Plan EIR.
TABLE 4.5-2 CUPERTINO CLIMATE ACTION PLAN 2.0 CONSISTENCY MATRIX Applicable Proposed Measure Consistency
Measure BE-1 Reduce non-SVCE usage
rate to 2 percent for residential and 10
percent for commercial by 2030 and
maintain through 2040.
Consistent. Future potential development under the proposed Modified Project would comply with the current California Building and Energy Efficiency Standards to reduce energy consumptions.
Measure BE-4 Require new residential and
commercial development to be all-electric
at time of construction.
Consistent. The City of Cupertino requires all newly constructed buildings to be All- Electric Buildings and has adopted the California Energy Code (CMC Chapter 16.32).
Therefore, the proposed Modified Project would comply with this measure.
Measure TR-1 Develop and implement an
Active Transportation Plan to achieve 15
percent of active transportation mode
share by 2030 and 23 percent by 2040.
Consistent. As stated in Chapter 4.14, Transportation, of this EA, the proposed Modified Project would not include modifications to the roadway, bicycle, or pedestrian network. In addition, like the Approved Project, the proposed Modified Project would also be consistent with the City of Cupertino’s Pedestrian Transportation Plan with Pedestrian Guidelines and Bicycle Transportation Plan.
The proposed Modified Project would also continue to implement the policies and strategies of the Approved Project to encourage active transportation throughout the Study Area, and is most exemplified through Policy M-3.1, Bicycle and Pedestrian Master Plan, which would see to the adoption and maintenance of a Bicycle and Pedestrian Master Plan to create a safe way for citizens to bike and walk on a daily basis. Other policies include Policy LU- 3.1, Site Planning, which would
ensure project sites are planned so that there is a network of connected streets to improve pedestrian and bicycle access; Strategy LU-8.3.3, Infrastructure and Streetscape Improvements, which would encourage redevelopment of areas throughout the city to be pedestrian oriented; Strategy LU-19.1.7, Existing Streets,
which would improve Stevens Creek Boulevard and Wolfe Road to become more
29 City of Cupertino, 2015, January. Climate Action Plan. https://www.cupertino.org/home/showpublisheddocument/9605/636280426123030000.
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TABLE 4.5-2 CUPERTINO CLIMATE ACTION PLAN 2.0 CONSISTENCY MATRIX Applicable Proposed Measure Consistency
bike and pedestrian-friendly; as well as Policy M-1.3, Regional Trail Development, to implement best practices on streets to reduce speeds to accommodate alternative modes of transportation. Compliance with these policies and strategies would reduce fuel consumption and reliance on fossil fuels in the Study Area.
Measure TR-2 Implement public and
shared transit programs to achieve 29
percent of public transit mode share by
2030 and maintain through 2040.
Consistent. As described in Section 4.14, Transportation, of this EA, the proposed Modified Project would implement strategies and policies such as Policy LU-1.1, Land Use and Transportation, which would concentrate higher land use intensities within a half-mile of public transit services, and Policies LU-20.2, Streetscape and Connectivity for North Vallco Park Special Area, and LU-21.3, Streetscape and Connectivity for North De Anza Special Area, which would improve transit connections for future roadway improvements and specifically for North Vallco Park and North De Anza. These policies would also include Policy M-4.4, Transit Facilities with New Development, which would ensure that all future potential development would include amenities to support public transit and space for transit vehicles.
Compliance with these policies and strategies would reduce fuel consumption and reliance on fossil fuels throughout the Study Area. As such, the proposed Modified Project would not conflict with implementation of this measure.
Measure TR-3 Increase zero-emission
vehicle (ZEV) adoption to 35 percent for
passenger vehicles and 20 percent for
commercial vehicles by 2030 and 100
percent for all vehicles by 2040.
Consistent. Implementation of the proposed Modified Project would result in an increase in land use intensity throughout the Study Area that has access to existing transportation infrastructure and services. Future potential development under the proposed Modified Project would comply with the CALGreen requirements for electric vehicle (EV) charging stations. In addition, as seen in Chapter 3, Project Description, of this EA, Cupertino is served by Via-Cupertino Shuttle (Via), an app- based ride-sharing program that provides transportation anywhere inside the city.
Via plans to expand into Santa Clara with electric cars in the coming years, which would support Measure TR-3. Compliance with this measure would reduce reliance on fossil fuels throughout the Study Area and would promote use of renewable energy.
The proposed Modified Project would not conflict with implementation of this measure.
Measure TR-4 Re-focus transportation
infrastructure away from single occupancy
gasoline vehicles to support the
bicycle/pedestrian, public transit, and ZEV
goals of Measures TR-1, TR-2, and TR-3.
Consistent. The proposed Modified Project would implement policies and strategies to encourage active transportation throughout the Study Area, such as through redevelopment of areas to be pedestrian oriented or connecting streets to improve pedestrian and bicycle access. In addition, future potential development under the proposed Modified Project would concentrate higher land use intensities near public transit services, which could reduce the need for single-occupancy trips for gasoline-fueled vehicles. Furthermore, as seen in Chapter 3, Project Description, of this EA, Cupertino is served by Via-Cupertino Shuttle (Via), an app-based ride sharing program that provides transportation anywhere inside the city. Via plans to expand into Santa Clara with electric cars in the coming years, which would support Measure TR-4. Compliance with this measure would reduce fuel consumption and reliance on fossil fuels throughout the Study Area and would promote use of renewable energy. The proposed Modified Project would not conflict with implementation of this measure.
Source: Cupertino, City of. 2022, August 16. City of Cupertino, Climate Action Plan 2.0. https://www.cupertino.org/home/showpublisheddocument/31683/637964240923930000.
Significance without Mitigation: Less than significant.
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ENE-3 Implementation of the proposed Modified Project would not result in a substantial increase in natural gas and electrical service demands and would not require new energy supply facilities and distribution infrastructure or capacity-enhancing alterations to existing facilities.
Electrical service to the Study Area would be provided by SVCE and PG&E through connections to existing electrical lines and infrastructure. As shown in Table 4.5-1, Proposed Modified Project Energy Consumption, electricity use in the Study Area would increase by an estimated 13,747,291 kWh per year through implementation of the proposed Modified Project. In addition, natural gas use in the Study Area would increase by an estimated 37,527,747 kBTU per year through implementation of the proposed Modified Project. Considering that the introduction of up to 3,312 new units could accommodate an estimated 9,737 new residents, the proposed Modified Project is anticipated to result in 1,412 kWh of electricity use or 3,854 kBTU of natural gas per capita. This is conservative as future potential residential development in the Study Area would be subject to the CMC’s all-electric requirements.
These energy consumption rates are modest increases when considered in the context of SVCE’s and PG&E’s service territories. The increase in electricity usage for the Study Area is approximately 0.1 percent of PG&E’s projected energy supply in 2035, and the increase in natural gas consumption for the Study Area is less than 0.06 percent of PG&E’s natural gas supply. 30 PG&E also states that there would be
sufficient electrical and natural gas supplies to cover its service area in 2035.
In addition, potential future development under both the Approved Project and proposed Modified Project would be required to comply with the current and future updates to the California Energy Code and the CALGreen Code, which would contribute to reducing energy demands. Future potential development 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 and replacement buildings in compliance with these standards would have greater energy efficiency than existing buildings. In addition, the sites identified by the proposed Modified Project are in urbanized areas that are served by existing high-volume energy transmission infrastructure.
Moreover, the latest California Building Standards Code and CALGreen requirements include rooftop solar systems and passive energy-efficiency designs to reduce potential wasteful, inefficient, or unnecessary consumption of electricity. Rooftop solar systems, if applicable to the individual project design, would reduce the amount of overall electricity consumed that is transported through the State’s electricity grid, reducing the amount of electricity lost in transmission. Regarding electricity that would be drawn from the grid, electricity utility compliance with the State’s RPS program under SB 100 would ensure that the proportion of electricity that is sourced from renewable and carbon-free sources—and consumed by individual future potential development projects under the proposed Modified Project—increases until it must be 100 percent in 2045. Compliance with the California Building Standards Code and CALGreen and utility compliance with SB 100 ultimately result in incremental shifts away from reliance on fossil fuels and toward a greater reliance on renewable energy sources. Overall, implementation of the proposed Modified Project would result in greater energy-efficiency designs for new buildings and would result in
30 PG&E’s projected energy supplies for electricity and natural gas do not extend beyond 2035.
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more homes in the Study Area using electricity that is generated on-site. Therefore, the proposed Modified Project electricity and natural gas consumption is not expected to result in the need for new or expanded energy supply facilities, and this impact would be less than significant. The proposed Modified Project would therefore not result in new impacts or a substantial increase in magnitude of cumulative impacts compared to the General Plan EIR.
Significance without Mitigation: Less than significant.
ENE-4 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to energy.
The area considered for cumulative impacts to electricity and natural gas supplies are the service areas of PG&E as well as SVCE. Other projects in the PG&E and SVCE service areas would be required to comply with the Building Energy Efficiency Standards and CALGreen, which would contribute to minimizing wasteful energy consumption and promoting renewable energy sources. As described under Impact Discussion ENE-1, energy consumption resulting from implementation of the proposed Modified Project would not be considered inefficient, wasteful, or unnecessary. Implementation of the proposed Modified Project would therefore not contribute to any cumulative energy impacts when considered together with cumulative development projects and would not be cumulatively considerable. The proposed Modified Project would therefore not result in new impacts or a substantial increase in magnitude of cumulative impacts compared to the General Plan EIR.
Significance without Mitigation: Less than significant.
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4.6 GEOLOGY AND SOILS
This chapter describes the potential impacts to geology and soils 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 geology and soils impacts, and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.
4.6.1 ENVIRONMENTAL SETTING
REGULATORY FRAMEWORK
Federal Regulations
The federal Paleontological Resources Preservation Act of 2002 limits the collection of vertebrate fossils and other rare and scientifically significant fossils to qualified researchers who have obtained a permit from the appropriate state or federal agency. Additionally, it specifies these researchers must agree to donate any materials recovered to recognized public institutions, where they will remain accessible to the public and to other researchers. This act incorporates key findings of a report, Fossils on Federal Land and Indian Lands, issued by the Secretary of the Interior in 2000, that establishes that most vertebrate fossils and some invertebrate and plant fossils are considered rare resources. 1 State Regulations
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazard of surface fault rupture to structures used for human occupancy.2 The main purpose of the act is to prevent the construction of buildings used for human occupancy on top of active faults. This act only addresses the hazard of surface fault rupture—not other earthquake hazards such as earthquake-induced liquefaction or landslides. The act requires the State Geologist to establish regulatory zones (known as Earthquake Fault Zones or Alquist-Priolo Zones) around surface traces of active faults and to issue appropriate maps. The maps, which are developed using existing United States Geological Survey (USGS) 7.5-minute quadrangle map bases, are then distributed to all affected cities, counties, and State agencies for their use in planning and controlling new or renewed construction. Generally, construction within 50 feet of an active fault zone is prohibited.
1 U.S. Department of the Interior, May 2000, Fossils on Federal & Indian Lands, Report of the Secretary of the Interior, accessed September 30, 2022, https://www.blm.gov/sites/blm.gov/files/programs_paleontology_quick%20links_ Assessment%20of%20Fossil%20Management%20on%20Federal%20%26%20Indian%20Lands%2C%20May%202000.pdf. 2 California Department of Conservation, 2023, Alquist-Priolo Earthquake Fault Zoning Act, accessed January 25, 2024, https://www.conservation.ca.gov/cgs/alquist-priolo.
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Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act, which was passed in 1990, addresses seismic hazards such as liquefaction and seismically induced landslides.3 Under this act, seismic hazard zones are mapped by the State Geologist to assist local governments in land use planning. Section 2691(c) of this act states that “it is necessary to identify and map seismic hazard zones in order for cities and counties to adequately prepare the safety element of their general plans and to encourage land use management policies and regulations to reduce and mitigate those hazards to protect public health and safety.” Section 2697(a) of the act states that “cities and counties shall require, prior to the approval of a project located in a seismic hazard zone, a geotechnical report defining and delineating any seismic hazard.” 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 jurisdiction by jurisdiction, subject to further modification based on local conditions. The City of Cupertino regularly adopts each new CBC update under the Cupertino Municipal Code (CMC) Chapter 16.04, Building Code. These codes provide minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. They also regulate grading activities, including drainage and erosion control.
California Environmental Quality Act
Paleontological resources are afforded protection under the California Environmental Quality Act (CEQA).
The Society of Vertebrate Paleontology has set significance criteria for paleontological resources. 4 Most
practicing professional vertebrate paleontologists adhere closely to the Society of Vertebrate Paleontology’s assessment, mitigation, and monitoring requirements as specifically provided in its standard guidelines. Most State regulatory agencies with paleontological laws, ordinances, regulations, and standards accept and use the professional standards set by the Society of Vertebrate Paleontology.
California Public Resources Code Section 5097
California Public Resources Code (PRC) Section 5097.5 prohibits the destruction or removal of any paleontological site or feature from public lands without the permission of the jurisdictional agency.
3 California Department of Conservation, 2023, Seismic Hazards Mapping Act, https://www.conservation.ca.gov/cgs/hazards/seismic-hazards-mapping-act, accessed January 25, 2024. 4 Society of Vertebrate Paleontology, 2010, Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources, https://vertpaleo.org/wp-content/uploads/2021/01/SVP_Impact_Mitigation_Guidelines.pdf, accessed January 25, 2024.
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California Penal Code Section 622.5
The California Penal Code Section 622.5 details the penalties for damage or removal of paleontological resources, whether from private or public lands.
Regional Regulations
The purpose of hazard mitigation planning is to reduce the loss of life and property by minimizing the impact of disasters. The Santa Clara County Operational Area Hazard Mitigation Plan (Local Hazard Mitigation Plan), adopted in 2017, provides an assessment of natural hazards in the county and a set of short-term mitigation actions to reduce or eliminate the long-term risk to people and property from these hazards. Currently the Local Hazard Mitigation Plan is being updated to become the Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The MJHMP has an annex (chapter) dedicated to Cupertino and provides a city-specific assessment of hazards and vulnerabilities as well as mitigation actions items for Cupertino specifically.
The MJHMP must be reviewed and approved by the Federal Emergency Management Agency (FEMA) every five years to maintain eligibility for disaster relief funding. As part of this process, the California Governor’s Office of Emergency Services reviews all local hazard mitigation plans in accordance with the Disaster Management Act of 2000 regulations, and coordinates with local jurisdictions to ensure compliance with FEMA’s Local Mitigation Plan Review Guide.
Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Environmental Resources and Sustainability (ES), 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 impacts to geology and soils. Applicable policies and strategies that would minimize potential adverse impacts to soils and geologic resources are identified in Section 4.6.3, Impact Discussion. While not a policy or strategy, Health and Safety Element Table HS-3, Acceptable Exposure to Risk Related to Various Land Uses, and Table HS-4, Technical Investigations Required based on Acceptable Risk describe when and the level of complexity of geotechnical review is required.
Municipal Code
The CMC includes various directives to minimize adverse impacts to geology and soils in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to geology and soils are in Title 15, Water and Sewage; Title 16, Buildings and Construction; Title 18, Subdivisions; and Title 19, Zoning. Chapter 15.20, Sewage Disposal Systems. Establishes standards for the approval, installation, and operation of individual on-site sewage disposal systems consistent with the standards of the California Regional Water Quality Control Board as set out by the Santa Clara County Environmental Health Services and adopted by the Cupertino City Council.
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Chapter 16.04, Building Code. Adopts the 2022 CBC as the rules, regulations, and standards within the City as to all matters except as modified or amended in the CMC. The CBC includes requirements for geotechnical reports at the discretion of the building official. Chapter 18.04, General Provisions. Implements the Subdivision Map Act to protect the community to the maximum extent from excessive stormwater runoff, wanton destruction of trees, increased soil erosion, earth movement, earthquake hazards, and other geological hazards. Applicants who are proposing subdivisions within the Study Area must submit geotechnical reports before getting City approval on the final map. Problems of drainage are to be resolved in such a manner as to provide substantial security against excessive runoff or flooding, earth movements, and excessive erosion. Chapter 19.40, Residential Hillsides (RHS) Zones. Section 19.40.050, Site Development Regulations, describes the regulations for the development plans in Residential Hillside (RHS) zones. Created to protect public and private lands from erosion, earth movement, and flooding, it establishes minimum standards and requirements relating to land grading, excavations and fills, and removal of major vegetation, including the preparation of geotechnical reports. The Site Development Regulations also set the standards for development on or near steep slopes in order to minimize the risk of personal injury, damage to property, and impact on water quality from potential landslides, erosion, earth creep, stormwater runoff, and other hazards associated with hillside areas of the city, as well as preserves existing topographical forms, open spaces, habitat areas and visual resources from encroachment by new hillside development. Site development planning applications may require an erosion and sediment control plan and control measures.
EXISTING CONDITIONS
The setting for geology and soils resources is described in the General Plan EIR Section 4.5.1.2, Existing Conditions. There have not been any changes or additions to the existing conditions for geology and soils since the certification of the General Plan EIR in 2014.
4.6.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant geology and soils impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
GEO-1. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ii) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? iii) Seismic-related ground failure, including liquefaction? iv) Landslides, mudslides, or other similar hazards?
LTS
LTS
GEO-2. Result in substantial soil erosion or the loss of topsoil? LTS LTS GEO-3. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
LTS LTS
GEO-4. Be located on expansive soil, as defined by Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? LTS LTS GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Implementation of the proposed Modified Project would result in significant geology and soils impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
GEO-5. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
NI NI
GEO-6. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? LTS LTS
GEO-7. Result in a cumulatively considerable impact to geology and soils? 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. GEO-6, regarding unique paleontological resources or sites, or unique geological features was included in Chapter 4.4, Cultural Resources, of the General Plan EIR.
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
4.6.3 IMPACT DISCUSSION
GEO-1 Implementation of the proposed Modified Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; ii) Strong seismic ground shaking; iii) Seismic-related ground failure, including liquefaction; iv) Landslides, mudslides, or other similar hazards.
As described in the General Plan EIR, only one Alquist-Priolo Earthquake Fault Zone has been mapped in the Study Area—namely, the zone that flanks the San Andreas Fault in the most southwestern part of the Study Area. In the event of a large, magnitude (MW) 6.7 or greater seismic event, much of the Study Area is projected to experience “strong” ground shaking, with the most intense shaking forecast for the northwest part of the Study Area.
5 Additionally, the potential for seismically induced liquefaction is low and limited to narrow areas that flank natural drainages along Stevens, Regnart, and Calabazas Creeks.
Furthermore, potential future residential developed under the proposed Modified Project is in the mostly flat and low landslide susceptibility areas of the Study Area. As described in the General Plan EIR, compliance with building codes and regulations and General Plan 2040 policies would minimize impacts involving 1) rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; 2) strong seismic ground shaking; 3) seismic-related ground failure, including liquefaction; and 4) landslides, mudslides, or similar hazards.
5 Association of Bay Area Governments, 2020, MTC/ABAG Hazard Viewer Map, accessed January 25, 2024, https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfcd086fc8.
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The proposed Modified Project would also include potential future development and land use activities that 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 residential-serving development, as shown on Figure 3-3, Housing Element (2023-2031) Opportunity Sites, of Chapter 3, Project Description, of this EA. These sites would be in similar areas as future potential development under both the Approved Project and proposed Modified Project, outside of Alquist-Priolo Fault Zones and in low landslide and liquefaction susceptible areas.
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 geologic and seismic processes in the area. 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 potential adverse impacts on geologic processes:
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. (General Plan EIR Strategy 1 under Policy 6-1)
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. (General Plan EIR Strategy 2 under Policy 6-1)
Policy HS- 5.1. Seismic And Geologic Review Process. Evaluate new development proposals within mapped potential hazard zones using a formal seismic/ geologic review process. Use Table HS- 3 (from the General Plan) of this Element to determine the level of review required. (General Plan EIR Policy 6-2)
Strategy HS-5.1.1. Geotechnical and Structural Analysis. Require any site with a slope exceeding 10 percent to reference the Landslide Hazard Potential Zone maps of the State of California for all required geotechnical and structural analysis. (General Plan EIR Strategy 1 under Policy 6-2) Strategy HS-5.1.2. Residential Upgrades. Require that any residential facility, that is being increased more than 50 percent assessed value or physical size, conform to all provisions of the current building code throughout the entire structure. Owners of residential buildings with known structural defects, such as un-reinforced garage openings, “soft first story” construction, unbolted foundations, or inadequate sheer walls are encouraged to take steps to remedy the problem and bring their buildings up to the current building code. (General Plan EIR Strategy 2 under Policy 6-2) Strategy HS-5.1.3. Geologic Review. Continue to implement and update geologic review procedures for Geologic Reports required by the Municipal Code through the development review process. (General Plan EIR Strategy 3 under Policy 6-2)
Policy HS- 5.2. Public Education on Seismic Safety. Reinforce the existing public education programs to help residents minimize hazards resulting from earthquakes. (General Plan EIR Policy 6-3) Strategy HS-5.2.1. Covenant on Seismic Risk. Require developers to record a covenant to tell future residents in high-risk areas about the risk and inform them that more information is in City Hall GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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records. This is in addition to the State requirement that information on the geological report is recorded on the face of subdivision maps. (General Plan EIR Strategy 1 under Policy 6-3) Strategy HS-5.2.2. Emergency Preparedness. Publish and promote emergency preparedness activities and drills. Use the City social media, and the website to provide safety tips that may include identifying and correcting household hazards, knowing how and when to turn off utilities, helping family members protect themselves during and after an earthquake, recommending neighborhood preparation activities, and advising residents to maintain an emergency supply kit containing first- aid supplies, food, drinking water and battery operated radios and flashlights. (General Plan EIR Strategy 2 under Policy 6-3)
Strategy HS-5.2.3. Neighborhood Response Groups. Encourage participation in Community Emergency Response Team (CERT) training. Train neighborhood groups to care for themselves during disasters.
Actively assist in neighborhood drills and safety exercises to increase participation and build community support. (General Plan EIR Strategy 3 under Policy 6-3) Strategy HS- 5.2.4. Dependent Populations. As part of community- wide efforts, actively cooperate with State agencies that oversee facilities for persons with disabilities and those with access and functional needs, to ensure that such facilities conform to all health and safety requirements, including emergency planning, training, exercises and employee education. (General Plan EIR Strategy 4 under Policy 6-3)
Strategy HS- 5.2.5. Foreign Language Emergency Information. Obtain translated emergency preparedness materials and make them available to appropriate foreign language populations. (General Plan EIR Strategy 5 under Policy 6-3)
As with the development assessed under the Approved Project, development under the proposed Modified Project would be required to comply with applicable State and local laws, policies, and design standards governing development near faults, 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 involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; and landslides, mudslides, or similar hazards beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
GEO-2 Implementation of the proposed Modified Project would not result in substantial soil erosion or the loss of topsoil.
The General Plan EIR found that substantial soil erosion or loss of topsoil during construction could undermine structures and minor slopes and could be a concern during buildout of the Approved Project.
As described in the General Plan EIR, in the east and central parts of the Study Area, the dominant soil types include soils of the Urban Land-Flaskan, Urban-Land Stevens Creek, and Urban Land-Botella complexes generally formed on slopes of 0 to 2 percent. Soils in the western and southwestern parts of GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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the Study Area largely consist of soils of the Literr-Urban Land-Merbeth and Merbeth-Literr complex formed on slopes of 5 to 30 percent. In almost all instances, these soils are reportedly deep and well drained and typified by low runoff. Soils in the vicinity of Cupertino are known to be expansive in places.6 However, compliance with existing regulatory requirements, such as implementation of grading erosion control measures as specified in the CMC, would reduce impacts from erosion and the loss of topsoil.
The proposed Modified Project would also include potential future development and land use activities that 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 in close proximity to existing residential and residential-serving development, as shown on Figure 3-3, Housing Element (2023-2031) Opportunity Sites.
These would be in similar areas as those under the Approved Project.
The General Plan EIR also found that the Land Use and Community Design (LU), Environmental Resources and Sustainability (ES), and the Health and Safety (HS) Elements contain policies and strategies that require local planning and development decisions to consider impacts development could have on soil erosion and the loss of topsoil in the area. 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 potential adverse impacts to soil erosion and the loss of topsoil Project:
Strategy LU-12.3.1. Grading. Follow natural land contours and avoid mass grading of sites during construction, especially in flood hazard or geologically sensitive areas. Grading hillside sites not large, flat areas shall be avoided.
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. (General Plan EIR Policy 5- 10)
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-7.2.2. 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 precedence. (General Plan EIR Strategy 2 under Policy 7.2) 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 Strategy 3 under Policy 7.2) Policy HS-7.5. Hillside Grading. Restrict the extent and timing of hillside grading operations to April through October except as otherwise allowed by the City. Require performance bonds during the remaining time to guarantee the repair of any erosion damage. Require planting of graded slopes as soon as practical after grading is complete. (General Plan EIR Policy 6-47)
6 UC Davis Soil Resource Laboratory, 2023, California Soil Resource Lab, Online Soil Survey, accessed on January 25, 2024, http://casoilresource.lawr.ucdavis.edu/soilweb/.
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As with the future potential development assessed under the Approved Project, development under the proposed Modified Project would be required to comply with applicable State and local laws, policies, and design standards governing soil erosion and loss of topsoil, as necessary. Based on these considerations, overall impacts from implementation of the proposed Modified Project would not result in new or more severe soil erosion or loss of topsoil beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
GEO-3 Implementation of the proposed Modified Project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.
As described in the General Plan EIR, unstable geologic units are known to be present in the Study Area.
Expansive soils are typically very fine grained with a high to very high percentage of clay, typically montmorillonite, smectite, or bentonite clay, though the shrink-swell potential at a given project under the Approved Project may be highly site-specific, requiring careful geotechnical investigation prior to project design and construction. However, development under the Approved Project would not occur in areas at risk of seismically induced liquefaction because these areas are limited to land flanking natural drainages along Stevens, Regnart, and Calabazas Creeks.
Similar to the Approved Project, the proposed Modified Project would also include potential future development and land use activities that 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 in close proximity to existing residential and residential-serving development, as shown on Figure 3-3, Housing Element (2023-2031) Opportunity Sites
As with future potential development under the Approved Project, development under the proposed Modified Project would be required to comply with applicable State and local laws, policies, and design standards governing unstable soils, 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 unstable soils as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
GEO-4 The proposed Modified Project would not be implemented on expansive soil, as defined by Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property.
As described in the General Plan EIR, expansive soils (denoted by soils with high linear extensibility and plasticity index) are most prevalent in the northeast part of the Study Area, as shown on Figure 4.5-1, Geologic Map, in the General Plan EIR. However, compliance with CBC regulations—requirements for seismic safety, excavation, foundations, retaining walls, site demolition, grading, drainage, and erosion GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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control—would minimize risk to life or property from expansive soil for potential future development under the Approved Project.
Similar to the Approved Project, the proposed Modified Project would also include potential future development and land use activities that 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 in close proximity to existing residential and residential-serving development, as shown on Figure 3-3, Housing Element (2023-2031) Opportunity Sites.
The General Plan EIR also found that the Health and Safety (HS) Element contains policies and strategies that would serve to minimize potential adverse impacts on geologic processes, including General Plan 2040 Policies 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 6-1). Also relevant were Policies HS-5.1 and HS-5.2 and the supporting strategies described in Impact Discussion GEO-1. Similar to the Approved Project, these policies and strategies, coupled with the CBC regulations identified in the General Plan EIR, would ensure that potential future development permitted under the proposed Modified Project would minimize impacts to life or property due to expansive soils.
Additionally, as with the future potential development under the Approved Project, future potential development under the proposed Modified Project would be required to comply with applicable State and local laws, policies, and design standards governing expansive soil, 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 from expansive soil beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
GEO-5 Implementation of the proposed Modified Project would not have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of wastewater.
The General Plan EIR found that future development under the Approved Project would not require the use of septic tanks or alternative wastewater disposal systems. Wastewater would be discharged into the existing public sanitary sewer system in the city, served by the Cupertino Sanitary District, whose systems capture and convey wastewater to the San Jose/Santa Clara Water Pollution Control Plant where the wastewater is cleaned and recycled. Future potential development under the proposed Modified Project would also not require the use of septic tanks or alternative wastewater disposal systems. Thus, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts to soils supporting the use of septic tanks or alternative wastewater disposal systems beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: No impact.
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GEO-6 Implementation of the proposed Modified Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
At the time the General Plan EIR was certified, this threshold of significance was in the Cultural Resources chapter, and this impact discussion is CULT-3 in Section 4.4.3, Impact Discussion, of the General Plan EIR.
The General Plan EIR found that though no paleontological resources have been identified within the Study Area, the presence of Pleistocene deposits that are known to contain fossils indicates that the overall Study Area could contain paleontological resources. However, compliance with applicable laws, regulations, and General Plan policies would minimize impacts to unique paleontological resources.
Similar to the Approved Project, the proposed Modified Project would include potential future development and land use activities within the same boundaries as the Approved Project. Furthermore, as shown on Figure 3-3, Housing Element (2023-2031) Opportunity Sites, of this EA, the locations of potential future development under the proposed Modified Project would be in similar disturbed and/or developed areas as those of the Approved Project.
As with future potential development under the Approved Project, development under the proposed Modified Project would be required to comply with applicable federal, State, and local laws, policies, and design standards governing unique paleontological resources, 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 unique paleontological resources beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
GEO-7 Implementation of the proposed Modified Project would not result in cumulatively considerable impact with respect to geology and soils.
As described in the General Plan EIR, p otential cumulative geological impacts could arise from a combination of the development of the Approved Project together with future development in the immediate vicinity of the adjoining jurisdictions. Only regional faults have been mapped by the State of California within the Study Area, thus the risk of primary fault rupture to occupied buildings is low .
Additionally, as described in the General Plan EIR, c ompliance with building code requirements would reduce cumulative, development-related impacts under the Approved Project related to seismically induced ground shaking, liquefaction, landslides, and expansive soils.
The impacts to potential future development from seismic and geologic hazards tend to be site specific, and the overall cumulative effects would be dependent on site-specific geologic studies. Like the Approved Project, the proposed Modified Project has the same potential for cumulative impact on geology and soils since the Study Area is the same. Additionally, General Plan 2040 policies and strategies to protect cultural resources—described in Impact Discussions GEO-1, GEO-2, and GEO-4 and CMC Section 17.04.050(E)—would reduce impacts to geology and soils under both the Approved Project and proposed Modified Project.
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Further, development under the proposed Modified Project and other projects would be required to comply with applicable federal and State laws, policies, and design standards governing geology and soils, as necessary. Therefore, the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to geology and soils beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
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4.7 GREENHOUSE GAS EMISSIONS
This chapter describes the potential impacts to greenhouse gas (GHG) emissions 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 GHG impacts, and identifies General Plan 2040 policies that could minimize any potentially significant impacts.
4.7.1 ENVIRONMENTAL SETTING
4.7.1.1 GREENHOUSE GASES AND CLIMATE CHANGE
Scientists have concluded that human activities are contributing to global climate change by adding large amounts of heat-trapping gases, known as GHGs, to the atmosphere. The primary source of these GHGs is fossil fuel use. The Intergovernmental Panel on Climate Change (IPCC) has identified four major GHGs— water vapor, carbon dioxide (CO2), methane (CH4), and ozone (O3)—that are the likely cause of an increase in global average temperatures observed in the 20th and 21st centuries. Other GHGs identified by the IPCC that contribute to global warming to a lesser extent are nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons, perfluorocarbons, and chlorofluorocarbons. 1,2 The major GHGs are briefly described below.
Carbon dioxide (CO2) enters the atmosphere through the burning of fossil fuels (oil, natural gas, and coal), solid waste, trees and wood products, and respiration, and also as a result of other chemical reactions (e.g., manufacture of cement). Carbon dioxide is removed from the atmosphere (i.e., sequestered) when it is absorbed by plants as part of the biological carbon cycle.
Methane (CH4) is emitted during the production and transport of coal, natural gas, and oil. Methane emissions also result from livestock, and other agricultural practices, and from the decay of organic waste in landfills and water treatment facilities. Additionally, methane is the largest component of natural gas, used to fuel appliances.
3 Nitrous oxide (N2O) is emitted during agricultural and industrial activities as well as during the combustion of fossil fuels and solid waste.
1 Water vapor (H2O) is the strongest GHG and the most variable in its phases (vapor, cloud droplets, ice crystals). However, water vapor is not considered a pollutant, but part of the feedback loop rather than a primary cause of change. 2 Black carbon contributes to climate change both directly, by absorbing sunlight, and indirectly, by depositing on snow (making it melt faster) and by interacting with clouds and affecting cloud formation. Black carbon is the most strongly light- absorbing component of particulate matter (PM) emitted from burning fuels such as coal, diesel, and biomass. The share of black carbon emissions from transportation is dropping rapidly and is expected to continue to do so between now and 2030 as a result of California’s air quality programs. The remaining black carbon emissions will come largely from woodstoves/fireplaces, off-road applications, and industrial/commercial combustion. However, state and national GHG inventories do not include black carbon due to ongoing work resolving the precise global warming potential of black carbon. Guidance for CEQA documents does not yet include black carbon.
3 U.S. Energy Information Administration. 2022. “Natural Gas Explained” accessed April 19, 2024 at https://www.eia.gov/energyexplained/natural-gas/.
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GHGs are dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. Some GHGs have a stronger greenhouse effect than others. These are referred to as high Global Warming Potential (GWP) gases. The GWP of applicable GHG emissions are shown in Table 4.7-1, Greenhouse Gas Emissions and Their Relative Global Warming Potential Compared to CO2. The GWP is used to convert GHGs to CO2- equivalence (CO2e) to show the relative potential that different GHGs retain infrared radiation in the atmosphere and contribute to the greenhouse effect. For example, under IPCC’s Fifth Assessment Report (AR5) GWP values for methane (CH4), a project that generates 10 metric tons (MT) of CH4 would be equivalent to 280 MT of CO2.
TABLE 4.7-1 GHG EMISSIONS AND THEIR RELATIVE GLOBAL WARMING POTENTIAL COMPARED TO CO2 GHGs
Fourth Assessment Report
Global Warming
Potential Relative to CO2 a
Fifth Assessment Report
Global Warming
Potential Relative to CO2 a
Sixth Assessment Report
Global Warming
Potential Relative to CO2 a
Carbon Dioxide (CO2) 1 1 1
Methane (CH4) b 25 28 30
Nitrous Oxide (N2O) 298 265 273
Notes: The IPCC published updated GWP values in its Sixth Assessment Report (AR6) that reflect new information on atmospheric lifetimes of GHGs and an improved calculation of the radiative forcing of CO2. However, GWP values identified in AR4 are used in CalEEMod. Therefore, this analysis utilizes AR4 GWP values.
a. Based on 100-year time horizon of the GWP of the air pollutant compared to CO2. b. The methane GWP includes direct effects and indirect effects due to the production of tropospheric ozone and stratospheric water vapor. The indirect effect due to the production of CO2 is not included.
Sources: IPCC 2007, 2013, and 2022.
Human Influence on Climate Change
For approximately 1,000 years before the Industrial Revolution, the amount of GHGs in the atmosphere remained relatively constant. During the 20th century, however, scientists observed a rapid change in the climate and the quantity of climate change pollutants in the Earth’s atmosphere that is attributable to human activities.
The recent Sixth Assessment Report (AR6) of the Intergovernmental Panel on Climate Change (IPCC) summarizes the latest scientific consensus on climate change. It finds that atmospheric concentrations of CO2 have increased by 50 percent since the industrial revolution and continue to increase at a rate of two parts per million each year. By the 2030s, and no later than 2040, the world will exceed 1.5 degrees Celsius (°C) warming.4 These recent changes in the quantity and concentration of climate change pollutants far exceed the extremes of the ice ages, and the global mean temperature is warming at a rate that cannot be explained by natural causes alone. Human activities are directly altering the chemical composition of the atmosphere through the buildup of GHG emissions.5 In the past, gradual changes in the earth’s temperature changed the distribution of species, availability of water, etc. Human activities are
4 California Air Resources Board, December 2022, Draft 2022 Scoping Plan, https://ww2.arb.ca.gov/sites/default/files/2023- 04/2022-sp.pdf, accessed January 23, 2024.
5 California Environmental Protection Agency, Climate Action Team, March 2006, Climate Action Team Report to Governor Schwarzenegger and the Legislature, http://s3-us-west-2.amazonaws.com/ucldc-nuxeo-ref-media/0bdec21c-ca2b-4f4d-9e11- 35935ac4cf5f, accessed January 23, 2024.
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accelerating this process so that environmental impacts associated with climate change no longer occur in a geologic time frame but within a human lifetime.6
Like the variability in the projections of the expected increase in global surface temperatures, the environmental consequences of gradual changes in the Earth’s temperature are hard to predict.
Projections of climate change depend heavily upon future human activity. Therefore, climate models are based on different emission scenarios that account for historical trends in emissions and on observations of the climate record that assess the human influence of the trend and projections for extreme weather events. On a local level, the Study Area is likely to experience the following trends due to an increase in global GHG emissions:
Increase in annual average minimum and maximum temperatures. Increase in the number of extreme heat days.
Increase in the frequency and intensity of both heavy rainfall and drought conditions. Increase in mean high tide levels and bayshore flooding.
Increase in secondary effects of warmer temperatures and severe rainfall, including wildfires, landslides, vector-borne illnesses, and poor air quality.
4.7.1.2 REGULATORY FRAMEWORK
This section summarizes key federal, State, regional, and local regulations and programs related to GHG emissions resulting from the proposed Modified Project.
Federal Regulations
United State Environmental Protection Agency
The US Environmental Protection Agency (USEPA) announced on December 7, 2009, that GHG emissions threaten the public health and welfare of the American people and that GHG emissions from on-road vehicles contribute to that threat. The EPA’s final findings respond to the 2007 U.S. Supreme Court decision that GHG emissions fit within the Clean Air Act definition of air pollutants. The findings do not impose any emission reduction requirements but allow the EPA to finalize the GHG standards proposed in 2009 for new light-duty vehicles as part of the joint rulemaking with the Department of Transportation. 7 To regulate GHGs from passenger vehicles, the USEPA was required to issue an endangerment finding. The finding identified emissions of six key GHGs—CO2, CH4, N2O, hydrofluorocarbons, perfluorocarbons, and SF6—that have been the subject of scrutiny and intense analysis for decades by scientists in the United States and around the world. The first three are applicable to the project’s GHG emissions inventory
6 Intergovernmental Panel on Climate Change, 2007, Fourth Assessment Report: Climate Change 2007, Impacts, Adaptation and Vulnerability, https://www.ipcc.ch/site/assets/uploads/2018/03/ar4_wg2_full_report.pdf, accessed January 23, 2024. 7 US Environmental Protection Agency, December 2009, EPA: Greenhouse Gases Threaten Public Health and the Environment. Science overwhelmingly shows greenhouse gas concentrations at unprecedented levels due to human activity. https://archive.epa.gov/epapages/newsroom_archive/newsreleases/08d11a451131bca585257685005bf252.html.
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because they constitute the majority of GHG emissions and, according to guidance by the BAAQMD, are the GHG emissions that should be evaluated as part of a project’s GHG emissions inventory.
In response to the endangerment finding, the EPA issued the Mandatory Reporting of GHG Rule in 2009 that requires substantial emitters of GHG emissions (large stationary sources, etc.) to report GHG emissions data. Facilities that emit 25,000 MT or more of CO2e per year are required to submit an annual report.
Corporate Average Fuel Economy Standards (2017 to 2026) The federal government issued new Corporate Average Fuel Economy (CAFE) standards in 2012 for model years 2017 to 2025, which required a fleet average of 54.5 miles per gallon (MPG) in 2025. However, on March 30, 2020, the EPA finalized an updated CAFE and GHG emissions standards for passenger cars and light trucks and established new standards covering model years 2021 through 2026, known as the Safer Affordable Fuel Efficient (SAFE) Vehicles Final Rule for Model Years 2021 to 2026. Under SAFE, the fuel economy standards will increase 1.5 percent per year compared to the 5 percent per year under the CAFE standards established in 2012. Overall, SAFE requires a fleet average of 40.4 MPG for model year 2026 vehicles (85 Federal Register 24174 [April 30, 2020]).
8 On December 21, 2021, under the direction of Executive Order (EO) 13990, the National Highway Traffic Safety Administration (NHTSA) repealed SAFE Vehicles Rule Part One, which had preempted state and local laws related to fuel economy standards. In addition, the National Highway Traffic Safety Administration (NHTSA) announced new proposed fuel standards on March 31, 2022. Fuel efficiency under the new standards proposed will increase 8 percent annually for model years 2024 to 2025 and 10 percent annual for model year 2026. Overall, the new CAFE standards require a fleet average of 49 MPG for passenger vehicles and light trucks for model year 2026, which would be a 10 MPG increase relative to model year 2021.
9 State Regulations
Current State of California guidance and goals for reductions in GHG emissions are generally embodied in Executive Order (EO) S-03-05, EO B-30-15, EO B-55-18, Assembly Bill (AB) 32 , AB 1279, Senate Bill (SB) 32, and SB 375.
Executive Order S-03-05
EO S-03-05 was signed June 1, 2005, and set the following GHG reduction targets for the state:
2000 levels by 2010
1990 levels by 2020
8Environmental Protection Agency, April 2020, 85 Federal Register 24174, https://www.govinfo.gov/content/pkg/FR-2020- 04-30/pdf/2020-06967.pdf, accessed on February 2, 2024. 9 National Highway Traffic Safety Administration, April 1, 2022, USDOT Announces New Vehicle Fuel Economy Standards for Model year 2024-2026. https://www.nhtsa.gov/press-releases/usdot-announces-new-vehicle-fuel-economy-standards-model- year-2024-2026, accessed on January 23, 2024.
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80 percent below 1990 levels by 2050
Assembly Bill 32, the Global Warming Solutions Act (2006) AB 32 was passed by the California state legislature on August 31, 2006, to place the state on a course toward reducing its contribution of GHG emissions. AB 32 follows the 2020 tier of emissions reduction targets established in EO S-03-05. CARB prepared the 2008 Scoping Plan to outline a plan to achieve the GHG emissions reduction targets of AB 32.
Executive Order B-30-15
EO B-30-15, signed April 29, 2015, set a goal of reducing GHG emissions in the state to 40 percent of 1990 levels by year 2030. Executive Order B-30-15 also directed CARB to update the Scoping Plan to quantify the 2030 GHG reduction goal for the state and requires State agencies to implement measures to meet the interim 2030 goal as well as the long-term goal for 2050 in EO S-03-05. It also requires the Natural Resources Agency to conduct triennial updates of the California Adaptation Strategy in order to ensure climate change is accounted for in state planning and investment decisions.
Senate Bill 32 and Assembly Bill 197
In September 2016, SB 32 and AB 197 were signed into law, making the executive order goal for year 2030 into a statewide mandated legislative target. AB 197 established a joint legislative committee on climate change policies and requires the CARB to prioritize direct emissions reductions rather than the market- based cap-and-trade program for large stationary, mobile, and other sources.
Executive Order B-55-18
EO B-55-18, signed September 10, 2018, sets a goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” Executive Order B-55-18 directs CARB to work with relevant state agencies to ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal. The goal of carbon neutrality by 2045 is in addition to other statewide goals, meaning not only should emissions be reduced to 80 percent below 1990 levels by 2050, but that, by no later than 2045, the remaining emissions be offset by equivalent net removals of CO2e from the atmosphere, including through sequestration in forests, soils, and other natural landscapes.
CARB adopted the 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan) on December 15, 2022, which lays out a path to achieve carbon neutrality by 2045 or earlier and to reduce the State’s anthropogenic GHG emissions.10 The Scoping Plan was updated to address the carbon neutrality goals of EO B-55-18 (described below) and the ambitious GHG reduction target as directed by AB 1279. Previous Scoping Plans focused on specific GHG reduction targets for our industrial, energy, and transportation sectors—to meet 1990 levels by 2020, and then the more aggressive 40 percent below that for the 2030 target. This plan expands upon earlier Scoping Plans with a target of reducing anthropogenic emissions to
10 California Air Resources Board, December 2022, 2022 Scoping Plan for Achieving Carbon Neutrality, https://ww2.arb.ca.gov/sites/default/files/2022-12/2022-sp.pdf, accessed January 23, 2024.
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85 percent below 1990 levels by 2045. Carbon neutrality takes it one step further by expanding actions to capture and store carbon including through natural and working lands and mechanical technologies, while drastically reducing anthropogenic sources of carbon pollution at the same time.
The path forward was informed by the recent Sixth Assessment Report (AR6) of the IPCC and the measures would achieve 85 percent below 1990 levels by 2045 in accordance AB 1279. CARB’s 2022 Scoping Plan identifies strategies as shown in Table 4.7-2, Priority Strategies for Local Government Climate Action Plans, that would be most impactful at the local level for ensuring substantial process towards the State’s carbon neutrality goals.
TABLE 4.7-2 PRIORITY STRATEGIES FOR LOCAL GOVERNMENT CLIMATE ACTION PLANS Priority Area Priority Strategies
Transportation
Electrification
Convert local government fleets to zero-emission vehicles (ZEV) and provide EV charging at public sites.
Create a jurisdiction-specific ZEV ecosystem to support deployment of ZEVs statewide (such as building standards that exceed state building codes, permit streamlining, infrastructure siting, consumer education, preferential parking policies, and ZEV readiness plans).
VMT Reduction
Reduce or eliminate minimum parking standards.
Implement Complete Streets policies and investments, consistent with general plan circulation element requirements.
Increase access to public transit by increasing density of development near transit, improving transit service by increasing service frequency, creating bus priority lanes, reducing, or eliminating fares, microtransit, etc.
Increase public access to clean mobility options by planning for and investing in electric shuttles, bike share, car share, and walking.
Implement parking pricing or transportation demand management pricing strategies.
Amend zoning or development codes to enable mixed-use, walkable, transit-oriented, and compact infill development (such as increasing allowable density of the neighborhood).
Preserve natural and working lands by implementing land use policies that guide development toward infill areas and do not convert “greenfield” land to urban uses (e.g., green belts, strategic conservation easements)
Building
Decarbonization
Adopt all-electric new construction reach codes for residential and commercial uses.
Adopt policies and incentive programs to implement energy efficiency retrofits for existing buildings, such as weatherization, lighting upgrades, and replacing energy-intensive appliances and equipment with more efficient systems (such as Energy Star-rated equipment and equipment controllers).
Adopt policies and incentive programs to electrify all appliances and equipment in existing buildings such as appliance rebates, existing building reach codes, or time of sale electrification ordinances.
Facilitate deployment of renewable energy production and distribution and energy storage on privately owned land uses (e.g., permit streamlining, information sharing) Deploy renewable energy production and energy storage directly in new public projects and on existing public facilities (e.g., solar photovoltaic systems on rooftops of municipal buildings and on canopies in public parking lots, battery storage systems in municipal buildings).
Source: California Air Resources Board, 2022, Draft 2022 Scoping Plan, https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping- plan/2022-scoping-plan-documents, accessed May 23, 2023.
For residential development projects, CARB recommends this first approach to demonstrate that these land use development projects are aligned with State climate goals based on the attributes of land use development that reduce operational GHG emissions while simultaneously advancing fair housing.
Attributes that accommodate growth in a manner consistent with the GHG and equity goals of SB 32 have all the following attributes:
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Transportation Electrification
Provide EV charging infrastructure that, at a minimum, meets the most ambitious voluntary standards in the California Green Building Standards Code at the time of project approval.
VMT Reduction
Is located on infill sites that are surrounded by existing urban uses and reuses or redevelops previously undeveloped or underutilized land that is presently served by existing utilities and essential public services (e.g., transit, streets, water, sewer). Does not result in the loss or conversion of the State’s natural and working lands; Consists of transit-supportive densities (minimum of 20 residential dwelling units/acre), or is in proximity to existing transit stops (within a half mile), or satisfies more detailed and stringent criteria specified in the region’s Sustainable Communities Strategy (SCS); Reduces parking requirements by:
Eliminating parking requirements or including maximum allowable parking ratios (i.e., the ratio of parking spaces to residential units or square feet); or Providing residential parking supply at a ratio of <1 parking space per dwelling unit; or For multifamily residential development, requiring parking costs to be unbundled from costs to rent or own a residential unit.
At least 20 percent of the units are affordable to lower-income residents; Result in no net loss of existing affordable units.
Building Decarbonization
Use all electric appliances without any natural gas connections and does not use propane or other fossil fuels for space heating, water heating, or indoor cooking.
The second approach to project-level alignment with State climate goals is net zero GHG emissions. The third approach to demonstrating project-level alignment with State climate goals is to align with GHG thresholds of significance, which many local air quality management (AQMDs) and air pollution control districts (APCDs) have developed or adopted.
11 Assembly Bill 1279
AB 1279, signed into law in September 2022, codified the carbon neutrality targets of EO B-55-18 for year 2045 and sets a new legislative target for year 2045 of 85 percent below 1990 levels for anthropogenic GHG emissions. CARB will be required to update the Scoping Plan to identify and recommend measures to achieve the net-zero and GHG emissions-reduction goals.
Sustainable Communities and Climate Protection Act
11 California Air Resources Board (CARB). 2022, December. 2022 Scoping Plan for Achieving Carbon Neutrality, https://ww2.arb.ca.gov/sites/default/files/2022-12/2022-sp.pdf, accessed January 23, 2024.
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The Sustainable Communities and Climate Protection Act, commonly known by its legislative bill number (SB 375), was adopted in 2008 to connect the GHG emissions reduction targets established in the 2008 Scoping Plan for the transportation sector to local land use decisions that affect travel behavior. Its intent is to reduce GHG emissions from light-duty trucks and automobiles (excludes emissions associated with goods movement) by aligning regional long-range transportation plans, investments, and housing allocations to local land use planning to reduce vehicle miles traveled (VMT) and vehicle trips. Specifically, SB 375 required CARB to establish GHG emissions reduction targets for each of the 18 metropolitan planning organizations (MPO). Metropolitan Transportation Commission (MTC) is the MPO for the San Francisco Bay region, which includes Napa, Marin, San Francisco, San Mateo, Santa Clara, Alameda, Sonoma, Solano, and Contra Costa counties. Pursuant to the recommendations of the Regional Transportation Advisory Committee, CARB adopted per capita reduction targets for each of the MPOs rather than a total magnitude reduction target.
CARB is required to update the targets for the MPOs every eight years. In June 2017, CARB released updated targets and technical methodology, and released another update in February 2018, which became effective in October 2018. All Sustainable Community Strategies (SCSs) adopted after October 1, 2018, are subject to these new targets. The updated targets consider the need to further reduce VMT, as identified in the 2017 Scoping Plan Update, while balancing the need for additional and more flexible revenue sources to incentivize positive planning and action toward sustainable communities. Like the 2010 targets, the updated SB 375 targets are in units of percent per capita reduction in GHG emissions from automobiles and light trucks compared to 2005. This excludes reductions anticipated from implementation of state technology and fuels strategies and any potential future state strategies such as statewide road user pricing. The proposed targets call for greater per-capita GHG emission reductions from SB 375 than are currently in place, which for 2035 translates into proposed targets that either match or exceed the emission reduction levels in the MPOs’ currently adopted sustainable communities strategies (SCS). As proposed, CARB staff’s proposed targets would result in an additional reduction of over 8 MMTCO
2e in 2035 compared to the current targets.12
Transportation Sector Specific Regulations
Assembly Bill 1493
California vehicle GHG emission standards were enacted under AB 1493 (Pavley I). Pavley I is a clean-car standard that reduces GHG emissions from new passenger vehicles (light-duty auto to medium-duty vehicles). California implements the Pavley I standards through a waiver granted to California by the EPA.
In 2012, the EPA issued a Final Rulemaking that sets even more stringent fuel economy and GHG emissions standards for model years 2017 through 2025 light-duty vehicles. (See also the previous discussion in federal regulations under “Update to Corporate Average Fuel Economy Standards [2017 to 2026].”)
12 California Air Resources Board (CARB), February 2018, Proposed Update to the SB 375 Greenhouse Gas Emission Reduction Targets. https://ww2.arb.ca.gov/sites/default/files/2020-06/SB375_Updated_Final_Target_Staff_Report_2018.pdf.
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In January 2012, CARB approved the Advanced Clean Cars program (formerly known as Pavley II) for model years 2017 through 2025. The program combines the control of smog, soot, and GHGs with requirements for greater numbers of ZE vehicles into a single package of standards. Under California’s Advanced Clean Car program, by 2025 new automobiles will emit 34 percent less GHG emissions and 75 percent less smog-forming emissions.
Advanced Clean Fleets and Advanced Clean Trucks
In April 2023, CARB adopted the Advanced Clean Cars II rule (AC II), which requires all new passenger vehicles, trucks, and SUVs sold in California to be zero emissions by 2035. The regulation amends the Zero-emission Vehicle Regulation to require an increasing number of zero-emission vehicles to support the 2020 EO N-79-20 and amends the Low-emission Vehicle Regulations to include increasingly stringent standards for gasoline cars and heavier passenger trucks to continue to reduce smog-forming emissions.
This rule will substantially reduce air pollutants that threaten public health and would further develop the zero-emission vehicle market starting with the 2026 model year.
In April 2023, CARB approved the Advanced Clean Fleets, which requires a phased-in transition toward zero-emission medium-and-heavy duty vehicles. Under the new rule, fleet owners operating vehicles for private services (such as Postal Service, state, and local government fleets) will begin their transition toward zero-emission vehicles starting in 2024. The rule also requires an end to combustion truck sales in 2036 and follows the 2020 adoption of the Advanced Clean Trucks rule, which put in place a requirement for manufacturers to increase the sale of zero-emission trucks.
Executive Order S-01-07
On January 18, 2007, the State set a new Low Carbon Fuel Standard (LCFS) for transportation fuels sold in the state. EO S 01 07 set a declining standard for GHG emissions measured in CO2e gram per unit of fuel energy sold in California. The LCFS requires a reduction of 2.5 percent in the carbon intensity of California’s transportation fuels by 2015 and a reduction of at least 10 percent by 2020. The standard applied to refiners, blenders, producers, and importers of transportation fuels, and used market-based mechanisms to allow these providers to choose the most economically feasible methods for reducing emissions during the “fuel cycle.”
Executive Order B-16-2012
On March 23, 2012, the State identified that CARB, the California Energy Commission (CEC), the Public Utilities Commission, and other relevant agencies worked with the Plug-in Electric Vehicle Collaborative and the California Fuel Cell Partnership to establish benchmarks to accommodate ZE vehicles in major metropolitan areas, including infrastructure to support them (e.g., electric vehicle [EV] charging stations).
EO B 16-2012 also directed the number of ZE vehicles in California’s state vehicle fleet to increase through the normal course of fleet replacement so that at least 10 percent of fleet purchases of light-duty vehicles are ZE by 2015 and at least 25 percent by 2020. The executive order also established a target for the transportation sector of reducing GHG emissions to 80 percent below 1990 levels.
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Executive Order N-79-20
On September 23, 2020, EO N-79-20 was signed into law, whose goal is that 100 percent of in-state sales of new passenger cars and trucks will be ZE by 2035. Additionally, the fleet goals for trucks are that 100 percent of drayage trucks are ZE by 2035, and 100 percent of medium- and heavy-duty vehicles in the state are ZE by 2045, where feasible. The EO’s goal for the state is to transition to 100 percent ZE off-road vehicles and equipment by 2035, where feasible.
Renewables Portfolio: Carbon Neutrality Regulations
Senate Bills 1078, 107, and X1-2 and Executive Order S 14 08 A major component of California’s Renewable Energy Program is the renewables portfolio standard (RPS) established under SB 1078 (Sher) and 107 (Simitian). Under the RPS, certain retail sellers of electricity were required to increase the amount of renewable energy each year by at least 1 percent in order to reach at least 20 percent by December 30, 2010. EO S-14-08, signed in November 2008, expanded the state’s renewable energy standard to 33 percent renewable power by 2020. This standard was adopted by the legislature in 2011 (SB X1-2). Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. The increase in renewable sources for electricity production decreases indirect GHG emissions from development projects because electricity production from renewable sources is generally considered carbon neutral.
Senate Bill 350
Senate Bill 350 (de Leon) was signed into law in September 2015 and establishes tiered increases to the RPS—40 percent by 2024, 45 percent by 2027, and 50 percent by 2030. SB 350 also sets a new goal to double the energy-efficiency savings in electricity and natural gas through energy efficiency and conservation measures.
Senate Bill 100
On September 10, 2018, SB 100 was signed into law. Under SB 100, the RPS for public-owned facilities and retail sellers consists of 44 percent renewable energy by 2024, 52 percent by 2027, and 60 percent by 2030. SB 100 also established a new RPS requirement of 50 percent by 2026. Furthermore, the bill establishes an overall state policy that eligible renewable energy resources and zero-carbon resources supply 100 percent of all retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all state agencies by December 31, 2045. Under the bill, the state cannot increase carbon emissions elsewhere in the western grid or allow resource shuffling to achieve the 100 percent carbon-free electricity target.
Senate Bill 1020
SB 1020 was signed into law on September 16, 2022. SB 1020 provides interim RPS targets (90 percent renewable energy by 2035 and 95 percent renewable energy by 2040) and requires renewable energy and zero-carbon resources to reach 100 percent clean electricity by 2045.
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Energy-Efficiency Regulations
California Building Code: Building Energy-Efficiency Standards Energy conservation standards for new residential and nonresidential buildings were adopted by the California Energy Resources Conservation and Development Commission (now the CEC) in June 1977 (Title 24, Part 6, of the California Code of Regulations [CCR]). Title 24 requires the design of building shells and building components to conserve energy. The standards are updated periodically to allow for the consideration and possible incorporation of new energy efficiency technologies and methods.
The 2022 Building Energy Efficiency Standards were adopted on August 11, 2021, and went into effect on January 1, 2023. The 2022 standards encourage efficient electric heat pumps, establish electric-ready requirements for new homes, expand solar photovoltaic and battery storage standards, strengthen ventilation standards, and more. 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 standards also include prescriptive photovoltaic system 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. 13 California Building Code: CALGreen
On July 17, 2008, the California Building Standards Commission adopted the nation’s first green building standards. The California Green Building Standards Code (24 CCR, Part 11, known as “CALGreen”) was adopted as part of the California Building Standards Code. CALGreen established planning and design standards for sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water conservation, material conservation, and internal air contaminants. The mandatory provisions of CALGreen became effective January 1, 2011, and were last updated in 2022. The 2022 CALGreen standards became effective on January 1, 2023. 2006 Appliance Efficiency Regulations
The 2006 Appliance Efficiency Regulations (20 CCR Sections 1601–1608) were adopted by the CEC on October 11, 2006, and approved by the California Office of Administrative Law on December 14, 2006.
The regulations include standards for both federally regulated appliances and non–federally regulated appliances. Though these regulations are now often viewed as “business as usual,” they exceed the standards imposed by all other states, and they reduce GHG emissions by reducing energy demand.
13 California Energy Commission (CEC), May 2021, Amendments to the Building Energy Efficiency Standards (2022 Energy Code) Draft Environmental Report. https://www.energy.ca.gov/publications/2021/environmental-impact-report-amendments- building-efficiency-standards-2022-energy.
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Solid Waste Diversion Regulations
Assembly Bill 939: Integrated Waste Management Act of 1989 California’s Integrated Waste Management Act of 1989 (AB 939, Public Resources Code Section 40050 et seq.) set a requirement for cities and counties throughout the state to divert 50 percent of all solid waste from landfills by January 1, 2000, through source reduction, recycling, and composting. In 2008, the requirements were modified to reflect a per capita requirement rather than tonnage. To help achieve this, the Act requires that each city and county prepare and submit a source reduction and recycling element.
AB 939 also established the goal for all California counties to provide at least 15 years of ongoing landfill capacity.
Assembly Bill 341
AB 341 (Chapter 476, Statutes of 2011) increased the statewide goal for waste diversion to 75 percent by 2020 and requires recycling of waste from commercial and multifamily residential land uses. Section 5.408 of CALGreen also requires that at least 65 percent of the nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse.
Assembly Bill 1327
The California Solid Waste Reuse and Recycling Access Act (AB 1327, Public Resources Code Section 42900 et seq.) requires areas to be set aside for collecting and loading recyclable materials in development projects. The act requires the California Integrated Waste Management Board to develop a model ordinance for adoption by any local agency requiring adequate areas for collection and loading of recyclable materials as part of development projects. Local agencies are required to adopt the model or an ordinance of their own.
Assembly Bill 1826
In October of 2014, AB 1826 was signed into law requiring businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week. This law also requires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses and multifamily residential dwellings with five or more units. Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed with food waste.
Water Efficiency Regulations
Senate Bill X7-7
The 20x2020 Water Conservation Plan was issued by the Department of Water Resources (DWR) in 2010 pursuant to Senate Bill 7, which was adopted during the 7th Extraordinary Session of 2009 to 2010 and therefore dubbed “SB X7-7.” SB X7-7 mandated urban water conservation and authorized the DWR to prepare a plan implementing urban water conservation requirement (20x2020 Water Conservation Plan).
In addition, it required agricultural water providers to prepare agricultural water management plans, GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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measure water deliveries to customers, and implement other efficiency measures. SB X7-7 required urban water providers to adopt a water conservation target of a 20 percent reduction in urban per-capita water use by 2020 compared to 2005 baseline use.
Assembly Bill 1881: Water Conservation in Landscaping Act The Water Conservation in Landscaping Act of 2006 (AB 1881) requires local agencies to adopt the updated DWR model water efficient landscape ordinance or an equivalent by 2015. AB 1881 also requires the CEC to consult with the DWR to adopt, by regulation, performance standards and labeling requirements for landscape irrigation equipment, including irrigation controllers, moisture sensors, emission devices, and valves, to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water.
Short-Lived Climate Pollutant Reduction Strategy
On September 19, 2016, SB 1383 was signed into law to supplement the GHG reduction strategies in the Scoping Plan to consider short-lived climate pollutants, including black carbon and methane. Black carbon is the light-absorbing component of fine particulate matter produced during the incomplete combustion of fuels. SB 1383 required CARB, no later than January 1, 2018, to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. The bill also established targets for reducing organic waste in landfills.
On March 14, 2017, CARB adopted the Short-Lived Climate Pollutant Reduction Strategy, which identifies the state’s approach to reducing anthropogenic and biogenic sources of short-lived climate pollutants.
Anthropogenic sources of black carbon include on- and off-road transportation, residential wood burning, fuel combustion (charbroiling), and industrial processes. According to CARB, ambient levels of black carbon in California are 90 percent lower than in the early 1960s, despite the tripling of diesel fuel use. 14 In-use on-road rules were expected to reduce black carbon emissions from on-road sources by 80 percent between 2000 and 2020.
Regional Regulations
Plan Bay Area: Strategy for a Sustainable Region
MTC and Association of Bay Area Governments (ABAG) adopted Plan Bay Area 2050 on October 21, 2021.15 Plan Bay Area 2050 provides transportation and environmental strategies to continue to meet the regional transportation-related GHG reduction goals of SB 375. Under the Plan Bay Area 2050 strategies, just under half of all Bay Area households would live within one half-mile of frequent transit by 2050, with this share increasing to over 70 percent for households with low incomes. Transportation and
14 California Air Resources Board (CARB). March 2017. Short-Lived Climate Pollutant Reduction Strategy. https://www.arb.ca.gov/cc/shortlived/shortlived.htm.
15 Association of Bay Area Governments/Metropolitan Transportation Commission, 2021, October. Plan Bay Area 2050. /https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf, accessed January 23, 2024.
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environmental strategies that support active and shared modes, combined with a transit-supportive land use pattern, are forecasted to lower the share of Bay Area residents that drive to work alone from over 50 percent in 2015 to 36 percent in 2050. GHG emissions from transportation would decrease significantly as a result of these transportation and land use changes, and the Bay Area would meet the state mandate of a 19-percent reduction in per-capita emissions by 2035 — but only if all strategies are implemented.16 To achieve MTC’s/ABAG’s sustainable vision for the Bay Area, the Plan Bay Area land use concept plan for the region concentrates the majority of new population and employment growth in the region in Priority Development Areas (PDAs). PDAs are transit-oriented, infill development opportunity areas within existing communities. An overarching goal of the regional plan is to concentrate development in areas where there are existing services and infrastructure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve the per capita passenger vehicle, V M T, a nd associated GHG emissions reductions. In Cupertino, there are four TPAs and two PDAs, the Santa Clara Valley Transportation Authority City Cores, Corridors & Station Areas, and South DeAnza. 17,18
Bay Area Clean Air Plan
BAAQMD adopted the 2017 Clean Air Plan, Spare the Air, Cool the Climate 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:
Construct buildings that are energy efficient and powered by renewable energy. Walk, bicycle, and use public transit for the majority of trips and use electric-powered autonomous public transit fleets.
Incubate and produce clean energy technologies.
Live a low-carbon lifestyle by purchasing low-carbon foods and goods in addition to recycling and putting organic waste to productive use.19
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 the following sectors: (1) stationary (industrial) sources; (2) transportation; (3) energy; (4) agriculture; (5)
16 Association of Bay Area Governments/Metropolitan Transportation Commission, 2021, October. Plan Bay Area 2050. /https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf, accessed January 23, 2024.
17 Metropolitan Transportation Commission, Transit Priority Areas (2021), 2024, https://opendata.mtc.ca.gov/datasets/MTC::transit-priority-areas-2021-1/explore?location=37.328339%2C- 122.044206%2C14.00, accessed on January 20, 2024
18 Metropolitan Transportation Commission, Priority Development Areas – Plan Bay Area 2050, 2024, https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area-2050/explore?location=37.319615%2C- 122.033008%2C14.71, accessed on January 20, 2024.
19 Bay Area Air Quality Management District, 2017, Spare the Air: Cool the Climate, Final 2017 Clean Air Plan, https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-air-plan/attachment-a_-proposed-final-cap- vol-1-pdf.pdf?la=en, accessed January 23, 2024.
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natural and working lands; (6) waste management; (7) water; and (8) super-GHG pollutants. Overall, the proposed control strategy is based on the following key priorities:
Reduce emissions of criteria air pollutants and toxic air contaminants from all key sources. Reduce emissions of “super-GHGs” such as methane, black carbon, and fluorinated gases. 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. Decarbonize the energy system.
Make the electricity supply carbon-free.
Electrify the transportation and building sectors.
Bay Area Commuter Benefits Program
Under Air District Regulation 14, Model Source Emissions Reduction Measures, Rule 1, Bay Area Commuter Benefits Program, employers with 50 or more full-time employees within the BAAQMD are required to register and offer commuter benefits to employees. In partnership with the BAAQMD and the MTC, the rule’s purpose is to improve air quality, reduce GHG emissions, and decrease the Bay Area’s traffic congestion by encouraging employees to use alternative commute modes, such as transit, vanpool, carpool, bicycling, and walking. The benefits program allows employees to choose from one of four commuter benefit options including a pre-tax benefit, employer-provided subsidy, employer-provided transit, and alternative commute benefit.
Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Housing (HE), Mobility (M), Environmental Resources and Sustainability (ES), and Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts from GHG emissions. Applicable policies and strategies that would minimize potential adverse impacts from GHG emissions are identified in Section 4.7.3, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize GHG emissions. The CMC is organized by title, chapter, and section. Most provisions related to reducing GHG emissions are included in Title 6, Franchises, Title 14, Streets, Sidewalks and Landscaping, Title 16, Buildings and Construction, and Title 17, Environmental Regulations, as follows:
Chapter 6.24, Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal.
This chapter includes Section 6.24.037, Mandatory Organic Waste Disposal Reduction, which includes a list of requirements for organic waste generators, in compliance with state recycling laws, and state organic recycling laws.
Chapter 14.02, Transportation Impact Fee Program. This chapter recognizes that there will be additional demand on the City’s existing transportation infrastructure and therefore created the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Transportation Impact Fee Program to generate revenue that the City can use as a funding source for the costs of the transportation improvements required to serve new development. Chapter 14.18, Protected Trees. Protects, preserves, and replenishes healthy and valuable trees in the city for the health and welfare of residents and to counteract air pollutants and maintain climatic balances, among reasons.
Chapter 16.28, Expedited Permit Process for Small Rooftop Solar Systems and Electric Vehicle Charging Systems. This chapter streamlines rooftop solar permitting processes that complies with the Solar Rights Act and AB 2188. The Ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems.
Chapter 16.32, Energy Code. Adopts the 2022 edition of the California Energy Code and each and all of the regulations, provisions, conditions and terms of the code and requires newly constructed buildings in the City to be all-electric, with varying exceptions for non-residential occupancies. Chapter 16.58, Green Building Code. Adopts the 2022 edition of the California Green Building Standards Code and includes local amendments regarding the local water and efficient landscape ordinance, electric vehicle charging, and space design for different types of new construction. Section 16.58.400, Electrical Vehicle (EV) Charging – Residential. Outlines the requirements and installation process of EV chargers in residential areas.
Chapter 16.72, Recycling and Salvaging of Construction and Demolition Debris. Requires the recycling of 65 percent of construction and demolition debris to help the City reduce landfill waste, foster resource conservation, and help the City meet and exceed an overall diversion rate of 50 percent. Section 17.04.050, Standard Environmental Protection Permit Submittals Requirements. Requires every project to implement standard environmental protection permit submittal requirements prior to the issuance of permits by the City unless they are not applicable to the project. Section 17.04.050(C), Greenhouse Gas Emissions and Energy Permit Requirements. Outlines how the project applicant shall complete the City of Cupertino Climate Action Plan – Development Project Consistency Checklist, for review and approval by the City Environment and Sustainability Department prior to issuance of the first permit, to demonstrate how the project is consistent with the Cupertino Climate Action Plan, as subsequently revised, supplemented, or replaced, in order to reduce greenhouse gas emissions and conserve energy.
Climate Action Plan 2.0
Adopted in August 2022, the City of Cupertino CAP 2.0 is an updated roadmap of specific actions to reduce GHG emissions, achieve the City’s target of carbon neutrality by 2040, and increase community resilience, and capacity to adapt to the impacts of climate change. 20 The CAP 2.0 allows City decision- makers and the community to understand the sources and magnitude of local GHG emissions and identifies a strategy, reduction measures, and implementation actions the City will use to achieve targets
20 City of Cupertino, 2022, August, Climate Action 2.0, https://www.cupertino.org/home/showpublisheddocument/31683/637964240923930000, accessed on January 20, 2024.
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consistent with State recommendations of 15 percent below 2005 emissions levels by 2020, 4.3 metric tons of carbon dioxide equivalent (MTCO2e) per person by 2030, and 1.2 MTCO2e per person by 2050. The CAP 2.0 adopted in 2022 updated and expanded the City’s goals from the 2015 CAP , it also details strategies for Cupertino to prepare for and mitigate approaching risks from climate change.
4.7.1.3 EXISTING CONDITIONS
Chapter 4.6, Greenhouse Gas Emissions, of the General Plan Environmental Impact Report (EIR), addresses the impacts to GHG emissions associated with buildout of the General Plan at a program level. The setting for GHG emissions is described in the General Plan EIR in Section 4.6.1.2, Existing Conditions.
The General Plan EIR identified that potential future development and land use activities as a result of implementation of the Approved Project would meet the 6.6 MTCO2e community-wide GHG emissions threshold for year 2020 and the 3.1 MTCO2e community-wide GHG emissions threshold for year 2040 with implementation of goals and policies that aim to reduce GHG emissions throughout the Study Area.
Therefore, the Approved Project would be consistent with the GHG reduction target of AB 32 as well as the long-term GHG reduction goal of EO S-03-05. In addition, the Approved Project would not conflict with the CARB 2008 Scoping Plan. As the Approved Project would comply with all State standards and would implement policies to ensure consistency with state and regional GHG reduction planning efforts, the Approved Project also would not conflict with ABAG/MTC’s Plan Bay Area. The Approved Project impacts would be less than significant.
Since the certification of the General Plan EIR, new policies and programs have since been adopted that have affected GHG emissions in the Study Area. One specific program that has been adopted since the adoption of the General Plan EIR is the CAP 2.0, which sets new GHG reduction targets. One of the larger targets that was address was for Cupertino to achieve carbon neutrality by 2040, which translates into reducing 108,380 MTCO2e by 2030, and 323,743 MTCO2e by 2040.21 Another plan that was adopted which affects GHGs is Plan Bay Area 2050. As described in Section 4.7.1.2, Regulatory Framework, this plan introduces PDAs and TPAs. In Cupertino, there are four TPAs and two PDAs, the Santa Clara Valley Transportation Authority City Cores, Corridors & Station Areas, and South DeAnza. 22,23
21 City of Cupertino, August 2022, Climate Action 2.0,
https://www.cupertino.org/home/showpublisheddocument/31683/637964240923930000, accessed on July 20, 2023. 22 Metropolitan Transportation Commission, Transit Priority Areas (2021), 2024, https://opendata.mtc.ca.gov/datasets/MTC::transit-priority-areas-2021-1/explore?location=37.328339%2C- 122.044206%2C14.00, accessed on January 20, 2024
23 Metropolitan Transportation Commission, Priority Development Areas – Plan Bay Area 2050, 2024, https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area-2050/explore?location=37.319615%2C- 122.033008%2C14.71, accessed on January 20, 2024.
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California’s GHG Sources and Relative Contribution
In 2021, the statewide GHG emissions inventory was updated for 2000 to 2019 emissions using the GWPs in IPCC’s AR4.24 Based on these GWPs, California produced 418.2 MMTCO2e GHG emissions in 2019.
California’s transportation sector was the single largest generator of GHG emissions, producing 39.7 percent of the state’s total emissions. Industrial sector emissions made up 21.1 percent, and electric power generation made up 14.1 percent of the state’s emissions inventory. Other major sectors of GHG emissions include commercial and residential buildings (10.5 percent), agriculture and forestry (7.6 percent), high GWP (4.9 percent), and recycling and waste (2.1 percent). 25 Since the peak level in 2004, California’s GHG emissions have generally followed a decreasing trend. In 2016, California statewide GHG emissions dropped below the AB 32 target for year 2020 of 431 MMTCO 2e
and have remained below this target since then. In 2019, emissions from routine GHG-emitting activities statewide were almost 13 MMTCO2e lower than the AB 32 target for year 2020. Per capita GHG emissions in California have dropped from a 2001 peak of 14.0 MTCO2e per person to 10.5 MTCO2e per person in 2019, a 25 percent decrease.
Transportation emissions continued to decline in 2019 statewide as they had done in 2018, with even more substantial reductions due to a significant increase in renewable diesel. Since 2008, California’s electricity sector has followed an overall downward trend in emissions. In 2019, solar power generation continued its rapid growth since 2013. Emissions from high-GWP gases comprised 4.9 percent of California’s emissions in 2019. This continues the increasing trend as the gases replace ozone-depleting substances being phased out under the 1987 Montreal Protocol. Overall trends in the inventory also demonstrate that the carbon intensity of California’s economy (the amount of carbon pollution per million dollars of gross domestic product) has declined 45 percent since the 2001 peak, though the state’s gross domestic product grew 63 percent during this period.
26 4.7.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant GHG emissions impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
GHG-1. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? LTS SU
GHG-2. Conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? LTS SU GHG-3. Result in a cumulatively considerable impact with respect to GHG emissions? LTS SU Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
24 Intergovernmental Panel on Climate Change (IPCC), 2013, Fifth Assessment Report: Climate Change 2013. New York:
Cambridge University Press.
25 California Air Resources Board (CARB), July 2021, California Greenhouse Gas 2000-2019 Emissions Trends and Indicators Report. https://ww3.arb.ca.gov/cc/inventory/pubs/reports/2000_2019/ghg_inventory_trends_00-19.pdf. 26 California Air Resources Board (CARB), July 2021, California Greenhouse Gas 2000-2019 Emissions Trends and Indicators Report. https://ww3.arb.ca.gov/cc/inventory/pubs/reports/2000_2019/ghg_inventory_trends_00-19.pdf.
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BAAQMD Significance Criteria
The BAAQMD’s CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans (2022) contains instructions on how to evaluate, measure, and mitigate GHG emission impacts generated from land use development projects and plans. For purposes of this analysis, the City of Cupertino is using the BAAQMD’s current GHG emission plan-level significance thresholds to evaluate the proposed Modified Project’s potential impacts related to GHG emissions.
Greenhouse Gas Emission Impacts
BAAQMD, in its Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans (2022) (GHG Justification Report),27 recommends the use of one of two plan-level criteria to determine the GHG emission impact resulting from a proposed plan.
A. The Plan must be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b); or
B. The Plan must meet the State’s goals to reduce emissions to 40 percent below 1990 levels by 2030 and carbon neutrality by 2045.
The City’s CAP 2.0 is currently the City’s local GHG reduction strategy, which meets the criteria under State California Environmental Quality Act (CEQA) Guidelines Section 15183.5(b) and includes a two-step process for ensuring project consistency. Step 1 consists of an evaluation of whether the project would be consistent with the site’s General Plan land use designation and zoning designation. If a project is inconsistent with the site’s General Plan land use or zoning designations, then that project’s GHG emissions would need to be quantified and shown to be less than the emissions estimates contained the CAP . Step 2 consists of a consistency evaluation using a compliance checklist developed by the City to ensure project consistency with the CAP and its emissions targets. Because the City’s CAP 2.0 compliance checklist is intended for individual project assessments, the City’s CAP 2.0 consistency checklist is not utilized in this analysis.
The proposed Modified Project would reach full implementation in 2040, which is after the State’s 2030 emissions target and well before the State’s carbon neutrality goal in 2045 and the City’s carbon neutrality goal in 2040, and the proposed Modified Project would facilitate future potential individual projects that, if subject to CEQA, would need to go through their own CEQA environmental review. In addition, the proposed Modified Project is not a plan that encompasses the entire jurisdiction of Cupertino and instead specifically addresses the changes that have occurred to the Housing Element as part of the City’s 6th Cycle Housing Element (2023-2031), the associated amendments to Land Use and Community Design Element for internal consistency, and updates to the Cupertino Municipal Code (CMC) Title 19, Zoning, for internal consistency between the General Plan 2040 and Zoning Code. Given the lack of communitywide emissions data and how the proposed Modified Project’s resulting changes in land use patterns would
27 Bay Area Air Quality Management District (BAAQMD). 2022, April. CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans. https://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa- thresholds-2022/justification-report-pdf.pdf?la=en .
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affect the City’s long-term communitywide emissions inventory and reduction targets, a net zero emissions threshold is considered for the proposed Modified Project.
Net Zero Threshold
To provide a conservative analysis of the proposed Modified Project’s impacts in relation to the State’s 2045 carbon neutrality goal and the City’s 2040 carbon neutrality goal,28 the City has identified a no net increase threshold of zero (0 MTCO2e). Appendix D of the CARB 2022 Scoping Plan recognizes that achieving no net additional increase in GHG emissions, resulting in no contribution to GHG impacts, may be an appropriate overall objective. Therefore, the zero threshold is consistent with the State’s carbon neutrality goals under AB 1279 and provides the most conservative threshold for GHG emissions impacts under CEQA for the proposed Modified Project.
Mass Emissions and Health Effects
On December 24, 2018, in Sierra Club et al. v. County of Fresno et al. (Friant Ranch), the California Supreme Court determined that the EIR for the proposed Friant Ranch project failed to adequately analyze the project’s air quality impacts on human health. The EIR prepared for the project, which involved a master-planned retirement community in Fresno County, showed that project-related mass emissions would exceed the San Joaquin Valley Air Pollution Control District’s regional significance thresholds. In its findings, the California Supreme Court affirmed the holding of the Court of Appeal that EIRs for projects must not only identify impacts to human health, but also provide an “analysis of the correlation between the project's emissions and human health impacts” related to each criterion air pollutant that exceeds the regional significance thresholds or explain why it could not make such a connection. In general, the ruling focuses on the correlation of emissions of toxic air contaminants and criteria air pollutants and their impact to human health.
In 2009, the EPA issued an endangerment finding for six GHGs (CO 2, CH4, N2O, HFCs, PFCs, and SF6) in
order to regulate GHG emissions from passenger vehicles. The endangerment finding is based on evidence that shows an increase in mortality and morbidity associated with increases in average temperatures, which increase the likelihood of heat waves and ozone levels. Though identified effects such as sea level rise and increased extreme weather can indirectly impact human health, neither the EPA nor CARB has established ambient air quality standards for GHG emissions. The State’s GHG reduction strategy outlines a path to avoid the most catastrophic effects of climate change and includes goals and objectives that are based on the State’s path toward reducing statewide cumulative GHGs as outlined in AB 32, SB 32, and AB 1279.
28 The 2022 Scoping Plan update includes statewide measures to achieve the state’s carbon neutrality goals under AB 1279, such as carbon dioxide removal, that are not applicable to local governments. Carbon neutrality goals are a “no impact” level and not a “less than significant” impact level for climate change effects. There are presently no reliable means of forecasting how future technological developments related to carbon dioxide removal may affect future emissions in a jurisdiction. Therefore, carbon neutrality targets are not directly applicable to local governments or CEQA projects to mitigate GHG emissions impacts of a proposed project.
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As described above, the two significance thresholds that the City uses to analyze GHG impacts are based on achieving the statewide GHG reduction goals based on a no net increase in GHG emissions (GHG-1) and consistency with policies or plans adopted to reduce GHG emissions (GHG-2). Further, because no single project is large enough to result in a measurable increase in global concentration of GHG emissions, climate change impacts of a project are considered on a cumulative basis. Without federal or State ambient air quality standards for GHG emissions, and given the cumulative nature of GHG emissions and the City’s significance thresholds that are tied to reducing the State’s cumulative GHG emissions, it is not feasible at this time to connect the project’s specific GHG emissions to the potential health impacts of climate change.
4.7.3 IMPACT DISCUSSION
METHODOLOGY
Impacts related to GHG emissions resulting from implementation (construction and operation) of the proposed Modified Project are described below. To determine the increase in emissions as a result of the proposed Modified Project, the maximum allowable residential dwelling units envisioned by the proposed Modified Project (3,312 units) were estimated by calculating the net new change from the Approved Project to the potential future development under the proposed Modified Project in 2040. Due to a lack of available information on existing housing units on sites identified to accommodate the envisioned 3,312 dwelling units through 2040, all 3,312 dwelling units are considered to be a net increase in housing supply in the city. While the proposed Modified Project would have a buildout horizon year of 2040, the updates to the General Plan included in the proposed Modified Project in part is in response to the current Regional Housing Needs Assessment (RHNA) cycle, which has a horizon of 2031. Therefore, a buildout year of 2031 was used in emissions and energy consumption estimates for a conservative assessment and efficiencies are expected to improve through 2040 and the 3,312 net new residential units are identified for the RHNA cycle through 2031.
CalEEMod Version 2022.1 was used to calculate emissions of GHG emissions associated with implementation of the proposed Modified Project (see Appendix B, Air Quality and Greenhouse Gas Emissions Data, of this EA). Table 3-4, Housing Element (2023-2031) Opportunity Sites: Residential, and Table 3-5, Housing Element (2023-2031) Opportunity Sites: Commercial/Residential (Mixed Use), in Chapter 3, Project Description, of this EA, identify the sites intended to accommodate the housing supply growth envisioned by the proposed Modified Project. Based on the housing density data from these tables, all new housing units have been assigned to “Apartments Low-Rise,” “Apartments Mid-Rise,” Condos/Townhouse,” and “Single-Family Housing” categories. Consistent with the Transportation Analysis prepared by Fehr & Peers for the proposed Modified Project (Appendix E), modeling for weekday rates used the daily vehicle trips and VMT provided for Approved Project cumulative conditions and cumulative conditions with project implementation. Saturday and Sunday trip generation and VMT were calculated from the ratio CalEEMod default Saturday and Sunday trip rates to the weekday rate. All vehicle trips represented in the emissions modeling were assigned to be 100-percent primary, meaning no trip distance or generation discounts were applied for pass-by or diverted trips to provide a conservative emissions estimate.
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Consistent with the BAAQMD’s Regulation 6, Rule 3, Wood-Burning Devices, no new dwelling units modeled with CalEEMod were assumed to contain any wood-burning devices. In addition, the per- dwelling unit indoor and outdoor water consumption rates as well as the solid waste generation and energy consumption rates reflect use of CalEEMod default rates.
GHG-1 Implementation of the proposed Modified Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.
As described in the General Plan EIR, potential future development and land use activities as a result of implementation of the Approved Project would meet the 6.6 MTCO2e community-wide GHG emissions threshold for year 2020 and the 3.1 MTCO2e community-wide GHG emissions threshold for year 2040 with implementation of goals and policies that aim to reduce GHG emissions throughout the Study Area.
Therefore, the Approved Project would be consistent with the GHG reduction target of AB 32 as well as the long-term GHG reduction goal of EO S-03-05. As the Approved Project would achieve the 2020 and 2035 performance criteria, the short-term and long-term GHG emissions impacts of the Approved Project were found to be less than significant.
A Housing Element does not directly result in development without additional approvals. Before any development can occur in the city, it must be analyzed for consistency with the General Plan, Zoning Code requirements, and other applicable local and State requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits.
Emissions Forecast
The proposed Modified Project guides the City’s policies to encourage housing that meets the needs of all residents in the region through 2040. The proposed Modified Project is a focused effort, with particular emphasis on compliance with state housing mandates. The GHG emissions forecast for buildout of the proposed Modified Project is shown in Table 4.7-3, Operational GHG Emissions – Housing Element Update. Potential future development of up to 3,312 new dwelling units facilitated by the proposed Modified Project result in an estimated increase of 84,142 MTCO 2e GHG emissions per year . As shown
therein, the increase in residential units and population associated with the proposed Modified Project results in an increase in residential building energy use, mobile emissions, solid waste, water use and wastewater generation, and refrigerant use.
TABLE 4.7-3 OPERATIONAL GHG EMISSIONS – HOUSING ELEMENT UPDATE Emission Source City of Cupertino GHG Emissions (MTCO2e/Year) Mobile 79,853
Area 211
Energy 3,084
Water 237
Solid Waste 753
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TABLE 4.7-3 OPERATIONAL GHG EMISSIONS – HOUSING ELEMENT UPDATE Emission Source City of Cupertino GHG Emissions (MTCO2e/Year) Refrigerants 4
Total Net Emissions 84,142
New Residents 9,737
New Resident Per Capita Emissions 8.64
Notes: Emissions may not total to 100 percent due to rounding. Emissions above represent a conservative estimate of net emissions as it does not account for the existing housing supply in the City due to a lack of available information.
Source: Appendix B, Air Quality and Greenhouse Gas Emissions Data, of this EA.
Because the exact conditions of sites identified to accommodate the additional housing supply envisioned by the proposed Modified Project are largely unknown, the annual GHG emissions displayed in Table 4.7-3 conservatively represent net new GHG emissions beyond existing community emissions. As such, for the purposes of this analysis, the proposed Modified Project would result in the addition of 84,142 MTCO2e per year beyond existing conditions.
It should be noted that the energy-source emissions shown in Table 4.7-3 represent new housing units that are designed as mixed-fuel, meaning they are equipped with natural gas plumbing and appliances.
While Chapter 16.32 of the CMC would require newly constructed buildings to be all-electric, with most of the code exceptions applying only to nonresidential occupancies, an all-electric building would avoid natural gas consumption but would result in greater electricity consumption. Because the site-specific details, such as square footage, orientation, and mechanical and envelope design of each new housing unit that would be accommodated by the proposed Modified Project is unknown at this time, the change in energy resource consumption resulting from compliance with Chapter 16.32 of the CMC is unknown.
Therefore, the energy-source emissions shown in Table 4.7-3, while based on the consumption of both natural gas and electricity, is used to represent total energy-source emissions even assuming development under the proposed Modified Project would be all-electric.
Moreover, as shown in Table 4.7-3, Operational GHG Emissions – Housing Element Update, the majority of annual GHG emissions generated by development facilitated by the proposed Modified Project are the result of vehicle use. Table 4.7-3 does not include reductions from State measures targeting mobile and energy sources that have been adopted to reduce GHG emissions, such as:
The RPS requires increases in renewable electricity supplies. The Clean Car Standards require increased fuel efficiency of on-road vehicles and decreased carbon intensity of vehicle fuels.
The updated Title 24 Building Energy Efficiency Standards require new buildings to achieve increased energy efficiency targets.
The Low Carbon Fuel Standard (LCFS) mandates reduced carbon intensity of fuels used in off-road equipment.
The General Plan EIR also found that the General Plan 2040 Land Use and Community Design (LU), Housing (HE), Mobility (M), Environmental Resources and Sustainability (ES), and the Infrastructure (INF) GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have related to GHG emissions. 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 help minimize GHG emissions to help meet the State’s 2030 and 2045 GHG reduction targets.
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)
Policy LU-13.5. Land Use. The Heart of the City area allows a mix of retail, commercial, office and residential uses. Specific uses are provided in the Heart of the City Specific Plan. See Figure LU-2 for residential densities and criteria.
Policy LU-13.6. Building Form. Buildings should be high-quality, with pedestrian-oriented and active uses along the street.
Policy HE-1.3: Mixed-Use Development. Encourage mixed-use development near transportation facilities and employment centers.
Policy HE-4.1. Energy And Water Conservation. Encourage energy and water conservation in all existing and new residential development.
Strategy HE-4.1.1. Enforcement of Title 24. The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/ Sustainability element.
Strategy HE-4.1.2. Sustainable Practices. The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and nonresidential development, additions, renovations, and tenant improvements of ten or more units. To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or new) with fewer than ten units to exceed the minimum requirements of the California Green Building Code. This City will also implement the policies in its climate action plan to achieve residential-focused greenhouse gas emission reductions and further these community energy and water conservation goals. Policy M-1.1. Regional Transportation Planning. Participate in regional transportation planning processes to develop programs consistent with the goals and policies of Cupertino’s General Plan and to minimize adverse impacts on the City’s circulation system. Work with neighboring cities to address regional transportation and land use issues of mutual interest. 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. Policy M-3.8. Bicycle Parking. Require new development and redevelopment to provide public and private bicycle parking.
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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-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-8.3. 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. Policy M-9.2. Reduced Travel Demand. Promote effective TDM programs for existing and new development.
Policy ES-1.1. Principles of Sustainability. Incorporate principles of sustainability into Cupertino’s 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.
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. Strategy ES-1.1.2. CAP and Sustainability Strategies Implementation. Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies in this Element.
Institutionalize sustainability by developing a methodology to ensure all environmental, social and lifecycle costs are considered in project, program, policy and budget decisions. 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 the Emergency Preparedness Plan, Local Hazard Mitigation Plan, Dam Failure Plan, Climate Action Plan, Watershed Protection Plan, and Energy Assuredness Plan. 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).
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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.
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.
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.
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).
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. Strategy ES-2.1.5. Urban Forest. Encourage the inclusion of additional shade trees, vegetated stormwater treatment and landscaping to reduce the “heat island effect” in development projects. 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.
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 residential and commercial energy efficiency and renewable energy financing tools through outreach events and civic media assets.
Strategy ES-2.1.9. Energy Efficient Transportation Modes. Continue to encourage fuel-efficient transportation modes such as alternative fuel vehicles, driverless vehicles, public transit, car and vanpooling, 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.
Strategy ES-2.1.10. Community Choice Energy. Collaborate with regional partners to evaluate feasibility for development of a Community Choice Energy Program.
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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. Strategy ES-4.2.4. Fuel-efficient Vehicles and Use. Prioritize the purchase, replacement, and ongoing use of fuel-efficient and low polluting City fleet vehicles. Update applicable policies and programs to require life cycle cost analyses and include alternative fueling infrastructure review and related funding allocations. Update the Vehicle Use Policy and pursue fleet management best practices to support fuel conservation, scheduled maintenance and fleet fuel tracking. Pursue available grant funding to offset the cost of implementing these programs. 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.
For a complete list of policies and strategies aimed at reducing VMT , please see Impact Discussion TRANS- 2, in Chapter 4.14, Transportation, of this EA. While the policies and strategies listed here and in Chapter
4.14 would reduce energy- and mobile-source GHG emissions, the proposed Modified Project would result in an estimated net new 84,142 MTCO2e per year, which would exceed the net zero threshold. As such, this impact would be potentially significant. Because the General Plan EIR concluded that the Approved Project would result in a less-than-significant impact related to GHG emissions, the proposed Modified Project would result in more severe impacts than those analyzed in the General Plan EIR.
Impact GHG-1: Implementation of the proposed Modified Project would exceed the net zero greenhouse gas emission threshold under Executive Order B-55-18.
Significance without Mitigation: Significant and Unavoidable. As previously stated, potential future development facilitated by the proposed Modified Project would experience emission reductions from implementation of State measures and strategies to reduce statewide GHG emissions, such as the LCFS mandate or RPS requirements. In addition, the General Plan policies and strategies of the proposed Modified Project would serve to further support potential GHG reductions for individual GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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development projects facilitated by the proposed Modified Project. Nonetheless, because emissions from the potential development under the proposed Modified Project collectively would exceed the net-zero emissions threshold, GHG emissions impacts resulting from the proposed Modified Project would be significant and unavoidable.
GHG-2 Implementation of the proposed Modified Project could conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases.
As described in the General Plan EIR, the Approved Project would achieve the AB 32 reduction targets and all new buildings would be constructed in compliance with the Building Energy Efficiency Standards and CALGreen, the Approved Project would not conflict with the CARB 2008 Scoping Plan. In addition, as the Approved Project would comply with all State standards and would implement policies to ensure consistency with State and regional GHG reduction planning efforts, the Approved Project also would not conflict with ABAG/MTC’s Plan Bay Area. The General Plan EIR, therefore, concluded that the Approved Project would result in a less-than-significant impact related to consistency with plans or policies adopted for the purpose of reducing GHG emissions.
Applicable plans adopted for the purpose of reducing GHG emissions include CARB’s Scoping Plan, ABAG’s/MTC’s Plan Bay Area, and the City of Cupertino C A P. A consistency analysis with these plans is presented below.
CARB Scoping Plan
Since the certification of the General Plan EIR, the CARB 2022 Scoping Plan has been adopted. The CARB 2022 Scoping Plan is applicable to State agencies but is not directly applicable to cities or counties and individual projects (i.e., the Scoping Plan does not require local jurisdictions to adopt its policies, programs, or regulations to reduce GHG emissions). However, new regulations adopted by the State agencies from the 2022 Scoping Plan result in GHG emissions reductions at the local level. So local jurisdictions benefit from reductions in transportation emissions rates, increases in water efficiency in the building and landscape codes, and other statewide actions that affect a local jurisdiction’s emissions inventory from the top down. Statewide strategies to reduce GHG emissions include the LCFS mandate and changes in the CAFE standards.
Future potential development accommodated under the proposed Modified Project would be required to adhere to the programs and regulations identified by the 2022 Scoping Plan and implemented by State, regional, and local agencies to achieve the statewide GHG reduction goals of AB 32, SB 32, and AB 1279.
Future development projects would be required to comply with these State GHG emissions reduction measures because they are statewide strategies. For example, potential future development associated with land uses accommodated by implementing the proposed Modified Project would be required to meet the CALGreen and Building Energy Efficiency Standards in effect at the time when applying for building permits. Furthermore, as described under the Impact Discussion for GHG-1, the proposed Modified Project includes General Plan policies and strategies that would help reduce GHG emissions and therefore help achieve GHG reduction goals.
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Though statewide efforts could provide downstream reductions at the local level, the 2022 Scoping Plan identifies three priority areas for local actions that would support and amplify the overall state efforts to reduce GHG emissions and achieve the long-term climate goals: (1) transportation electrification, (2) VMT reduction, and (3) building decarbonization. Table 4.7-4, Proposed Modified Project Consistency with Scoping Plan Priority Areas, evaluates consistency of the proposed Modified Project with these three Scoping Plan local action priorities and their attributes.
TABLE 4.7-4 PROPOSED MODIFIED PROJECT CONSISTENCY WITH SCOPING PLAN PRIORITY AREAS Priority Area Priority Area Attributes Project Consistency Transportation
Electrification
Provide EV charging infrastructure that, at a
minimum, meets the most ambitious voluntary
standards in the California Green Building
Standards Code at the time of project approval.
Inconsistent: The proposed Modified Project does
not include provisions in the Design Standards or
Design Guidelines that require compliance with the
CALGreen nonresidential voluntary Tier 2 EV
parking standards.
VMT Reduction Meets local jurisdiction adopted SB 743 threshold for VMT.
Inconsistent: As described in Chapter 4.14,
Transportation, of this EA, the proposed Modified
Project would result in increases in total VMT in the
City and would exceed the City’s threshold for VMT
reductions.
Building
Decarbonization
Use all electric appliances without any natural gas
connections and does not use propane or other
fossil fuels for space heating, water heating, or
indoor cooking.
Consistent: The proposed Modified Project would
be subject to CMC Chapter 16.32, Energy Code,
which in most cases requires newly constructed
buildings to be designed as all-electric.
Source: California Air Resources Board, December 2022, Draft 2022 Scoping Plan, https://ww2.arb.ca.gov/sites/default/files/2023-04/2022-sp.pdf, accessed January 23, 2024.
As described in Table 4.7-4, the proposed Modified Project would generally be inconsistent with the priority areas pertaining to transportation electrification. It should be noted that CMC Section 16.58.400 includes EV charging standards which currently match the Tier 2 CALGreen voluntary standards for residential development, which are currently the most ambitious voluntary EV charging standards; however, the CMC does not refer to compliance with the Tier 2 CALGreen and instead stipulates standards independent of Tier 2 CALGreen standards. Because the proposed Modified Project would facilitate individual development projects through 2040, the Tier 2 CALGreen EV charging standards, which are updated every 18 months, would continue to change and improve through the horizon of the proposed Modified Project. Therefore, Mitigation Measure GHG-2 would be required to ensure that future development facilitated by the proposed Modified Project complies with the most ambitious voluntary EV charging standards in CALGreen at the time each individual project is proposed. Thus, although the proposed Modified Project would adhere either directly or indirectly to statewide strategies, because it would not meet two of the three local action priority areas, it is considered inconsistent with the Scoping Plan. Unlike the Approved Project, implementation of the proposed Modified Project could conflict with the objectives of the CARB Scoping Plan. This impact would be potentially significant.
Plan Bay Area
Since the certification of the General Plan EIR, Plan Bay Area 2050 has been adopted. Plan Bay Area is the Bay Area’s regional transportation plan to achieve the passenger vehicle emissions reductions identified GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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under SB 375. Plan Bay Area 2050 is the current SCS for the Bay Area, which was adopted October 21, 2021.
In addition to significant transit and roadway performance investments to encourage focused growth, Plan Bay Area 2050 directs funding to neighborhood active transportation and complete streets projects, climate initiatives, lifeline transportation and access initiatives, safety programs, and PDA planning.29 In In the Study Area, there are four TPAs and two PDAs, the Santa Clara Valley Transportation Authority City Cores, Corridors & Station Areas, and South DeAnza. 30, 31
The proposed Modified Project would redesignate and rezone to accommodate residential development, primarily in infill locations, suitable within the Study Area to meet the City’s RHNA. Thus, the proposed Modified Project would be consistent with the overall goals of Plan Bay Area 2050 in concentrating new development in locations where there is existing infrastructure and transit. Therefore, the proposed Modified Project would not conflict with the land use concept plan in Plan Bay Area 2050 and impacts would be less than significant.
Furthermore, as described in Chapter 4.12, Population and Housing, of this EA, implementation of the proposed Modified Project would induce population and housing growth necessary to meet the population growth and housing needs in the Study Area. Therefore, the implementation of the proposed Modified Project would provide more housing for residents to both live and work in the Study Area instead of commuting to other areas, which would contribute to minimizing VMT and reducing VMT per service population. Therefore, like the Approved Project, the proposed Modified Project would not interfere with ABAG’s/MTC’s ability to implement the regional strategies in Plan Bay Area. The proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the General Plan EIR.
Cupertino Climate Action Plan
Since the certification of the General Plan EIR, the City has adopted the Cupertino CAP 2.0. Pursuant to the CAP 2.0, future potential development projects would be considered consistent with the Cupertino CAP if they do not conflict with the required GHG reduction measures contained in the CAP . A consistency evaluation for the adopted CAP 2.0 GHG reduction measures are shown in Table 4.7-5, Cupertino Climate Action Plan 2.0 Consistency Matrix.
29 Association of Bay Area Governments/Metropolitan Transportation Commission, 2021, October. Plan Bay Area 2050. /https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf, accessed January 23, 2024.
30 Metropolitan Transportation Commission, Transit Priority Areas (2021), 2024, https://opendata.mtc.ca.gov/datasets/MTC::transit-priority-areas-2021-1/explore?location=37.328339%2C- 122.044206%2C14.00, accessed on January 20, 2024
31 Metropolitan Transportation Commission, Priority Development Areas – Plan Bay Area 2050, 2024, https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area-2050/explore?location=37.319615%2C- 122.033008%2C14.71, accessed on January 20, 2024.
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TABLE 4.7-5 CUPERTINO CLIMATE ACTION PLAN 2.0 CONSISTENCY MATRIX Applicable Proposed Measure Consistency
Measure BE-1 Reduce non-SVCE usage rate to 2
percent for residential and 10 percent for
commercial by 2030 and maintain through 2040.
Consistent. Future potential development under the proposed Modified Project would comply with the current California Building and Energy Efficiency Standards to reduce energy consumptions.
Measure BE-4 Require new residential and
commercial development to be all-electric at time
of construction.
Consistent. The City of Cupertino requires all newly constructed buildings to be all-electric buildings and has adopted the California Energy Code (CMC Chapter 16.32). Therefore, the proposed Modified Project would comply with this measure.
Measure TR-1 Develop and implement an Active
Transportation Plan to achieve 15 percent of active
transportation mode share by 2030 and 23 percent
by 2040.
Consistent. As stated in Chapter 4.14, Transportation, of this EA, implementation of the proposed Modified Project would not include modifications to the roadway, bicycle, or pedestrian network. In addition, like the Approved Project, the proposed Modified Project would also be consistent with the City of Cupertino’s Pedestrian Transportation Plan with Pedestrian Guidelines and Bicycle Transportation Plan. The proposed Modified Project would also implement the policies and strategies to encourage active transportation throughout the City, and is most exemplified through Policy M-3.1, Bicycle and Pedestrian Master Plan, which would see to the adoption and maintenance of a Bicycle and Pedestrian master plan to create a safe way for citizens to bike and walk on a daily basis. Other policies include Policy LU- 3.1,
Site Planning, which would ensure project
sites are planned so that there is a network of connected streets to improve pedestrian and bicycle access; Strategy LU-8.3.3, Infrastructure and Streetscape Improvements, which would encourage redevelopment of areas throughout the City to be pedestrian oriented; Strategy LU-
19.1.7, Existing Streets,
which would improve Stevens Creek Boulevard
and Wolfe Road to become more bike and pedestrian-friendly; as well as Policy M-1.3, Regional Trail Development, to implement best practices on streets to reduce speeds to accommodate for alternative modes of transportation. Compliance with these policies and strategies would reduce fuel consumption and reliance on fossil fuels throughout the Study Area.
Measure TR-2 Implement public and shared transit
programs to achieve 29 percent of public transit
mode share by 2030 and maintain through 2040.
Consistent. As described in Chapter 4.14, Transportation, of this EA, implementation of the proposed Modified Project would implement strategies and policies such as Policy LU-1.1, Land Use and Transportation, which would concentrate higher land use intensities within a half-miles of public transit services, and Policies LU-20.2, Streetscape and Connectivity for North Vallco Park Special Area, and LU-
21.3, Streetscape and Connectivity for North De Anza Special Area, which would improve transit connections for future roadway improvements and specifically for North Vallco Park and North De Anza.
These policies would also include Policy M-4.4, Transit Facilities With New Development, which would ensure that all future potential development would include amenities to support public transit and space for transit vehicles. Compliance with these policies and strategies would reduce fuel consumption and reliance on fossil fuels throughout the Study Area. As such, the proposed Modified Project would not conflict with implementation of this measure.
Measure TR-3 Increase zero-emission vehicle (ZEV)
adoption to 35 percent for passenger vehicles and
Consistent. Implementation of the proposed Modified Project would result in an increase in land use intensity throughout the Study Area that has access to existing transportation infrastructure and services. Future GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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TABLE 4.7-5 CUPERTINO CLIMATE ACTION PLAN 2.0 CONSISTENCY MATRIX Applicable Proposed Measure Consistency
20 percent for commercial vehicles by 2030 and
100 percent for all vehicles by 2040.
potential development under the proposed Modified Project would at least comply with the CALGreen requirements for electric vehicle (EV) charging stations. In addition, as seen in Chapter 3, Project Description, Cupertino is served by Via-Cupertino Shuttle (Via), an app-based ride sharing program that provides transportation anywhere in the city. Via plans to expand into Santa Clara with electric cars in the coming years, which would support Measure TR-3. Implementation of the proposed Modified Project would not conflict with implementation of this measure.
Measure TR-4 Re-focus transportation
infrastructure away from single occupancy gasoline
vehicles to support the bicycle/pedestrian, public
transit, and ZEV goals of Measures TR-1, TR-2, and
TR-3.
Consistent. The proposed Modified Project would implement policies and strategies to encourage active transportation throughout the Study Area, such as redevelopment of areas to be pedestrian oriented or connecting streets to improve pedestrian and bicycle access. In addition, future potential development under the proposed Modified Project would concentrate higher land use intensities near public transit services, which could reduce the need for single-occupancy trips for gasoline fueled vehicles. Furthermore, as seen in Chapter 3, Project Description, Cupertino is served by Via-Cupertino Shuttle (Via), an app- based ride sharing program that provides transportation anywhere inside the city. Via plans to expand into Santa Clara with electric cars in the coming years, which would support Measure TR-4
. The proposed
Modified Project would not conflict with implementation of this measure.
Measure W-1 Implement SB 1383 requirements
and reduce communitywide landfilled organics 75
percent by 2025 and inorganic waste 35 percent by
2030 and reduce all waste 90 percent by 2040.
Consistent. Future potential development throughout the Study Area under the proposed Modified Project would include compost and green waste disposal services through the City’s contracts with Recology South Bay. The materials would be collected by the City garbage waste hauler.
The proposed Modified Project would not conflict with implementation of this measure.
Measure W-2 Reduce overall waste disposed to
garbage, recycling, and compost per capita by 15
percent by 2035.
Consistent. Future potential development throughout the Study Area under the proposed Modified Project would include compost and green waste disposal services through the City’s contracts with Recology South Bay. The materials would be collected by the City garbage waste hauler.
The proposed Modified Project would not conflict with implementation of this measure.
Measure W-3 Meet or exceed the SB 1383 recycled
organics products procurement requirements and
sequester or avoid at least 0.018 MT CO2e per
person by through 2045.
Consistent. Future potential development throughout the Study Area under the proposed Modified Project would include compost and green waste disposal services through the City’s contracts with Recology South Bay. The materials would be collected by the City garbage waste hauler.
The proposed Modified Project would not conflict with implementation of this measure.
Measure WW-2 Reduce per capita water
consumption 15 percent compared to 2019 levels
by 2030 and maintain through 2040
Consistent. Implementation of the proposed Modified Project would comply with SB X7-7, which requires California to achieve a 20 percent reduction in urban per capita water use by 2020 and would implement best management practices for water conservation to achieve the City’s water conservation goals. Furthermore, future potential development under the proposed Modified Project would also comply with the Cupertino Municipal Code, in particular, Chapter 15.32, Water Conservation, which establishes water conservation measures to reduce the consumption of water, prevent water waste, and maximize the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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TABLE 4.7-5 CUPERTINO CLIMATE ACTION PLAN 2.0 CONSISTENCY MATRIX Applicable Proposed Measure Consistency
efficient use of water in the Study Area. All landscape zones would also be irrigated as required by the Cupertino Landscape Ordinance, and water uses would be tailored to meet CALGreen Building Standards, which requires water conservation and requires new buildings to reduce water consumption by 20 percent. The proposed Modified Project would not conflict with implementation of this measure.
Measure CS-1 Increase carbon sequestration
through tree planting by developing and
implementing an Urban Forest Management Plan.
Consistent. Future potential development under the proposed Modified Project would comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 and CMC Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, to ensure ongoing compliance with the City’s municipal storm water and urban runoff requirements.
The proposed Modified Project would not conflict with implementation of this measure.
Notes: Measures BE-2 and BE-3 apply to existing development and are not applicable. Measure CS-2 is for open space projects that can sequester CO2, and therefore, is not directly applicable to the project.
Source: Cupertino, City of. 2022, August 16. City of Cupertino, Climate Action Plan 2.0. https://www.cupertino.org/home/showpublisheddocument/31683/637964240923930000 Development in Cupertino, including future potential new residences facilitated by the proposed Modified Project, would be required to adhere to City-adopted policy provisions, including those contained in the adopted CAP 2.0. Section 17.04.050(C) of CMC Chapter 17.04, Standard Environmental Protection Requirements, ensures that the provisions of the CAP 2.0 are incorporated into projects and permits as part of development review and through consistency with the Development Project Consistency Checklist.
In addition, future potential development under the proposed Modified Project would result in construction of new energy-efficient structures that achieve the most current Building and Energy Efficiency Standards to decrease GHG emissions.
In addition to the CARB 2022 Scoping Plan, Plan Bay Area 2050, and the CAP 2.0, the General Plan 2040 Land Use and Community Design (LU), Housing (HE), Mobility (M), Environmental Resources and Sustainability (ES), and the Infrastructure (INF) Elements contain the following policies and strategies that would support the reduction of GHG emissions from future potential development under both the Approved Project and the proposed Modified Project:
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)
Policy LU-13.5. Land Use. The Heart of the City area allows a mix of retail, commercial, office and residential uses. Specific uses are provided in the Heart of the City Specific Plan. See Figure LU-2 for residential densities and criteria.
Policy LU-13.6. Building Form. Buildings should be high-quality, with pedestrian-oriented and active uses along the street.
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Policy HE-1.3: Mixed-Use Development. Encourage mixed-use development near transportation facilities and employment centers.
Policy HE-4.1. Energy And Water Conservation. Encourage energy and water conservation in all existing and new residential development.
Strategy HE-4.1.1. Enforcement of Title 24. The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/ Sustainability element.
Strategy HE-4.1.2. Sustainable Practices. The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and nonresidential development, additions, renovations, and tenant improvements of ten or more units. To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or new) with fewer than ten units to exceed the minimum requirements of the California Green Building Code. This City will also implement the policies in its climate action plan to achieve residential-focused greenhouse gas emission reductions and further these community energy and water conservation goals. Policy M-1.1. Regional Transportation Planning. Participate in regional transportation planning processes to develop programs consistent with the goals and policies of Cupertino’s General Plan and to minimize adverse impacts on the City’s circulation system. Work with neighboring cities to address regional transportation and land use issues of mutual interest. 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. Policy M-3.8. Bicycle Parking. Require new development and redevelopment to provide public and private bicycle parking.
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-8.3. 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. Policy M-9.2. Reduced Travel Demand. Promote effective TDM programs for existing and new development.
Policy ES-1.1. Principles of Sustainability. Incorporate principles of sustainability into Cupertino’s planning, infrastructure, and development process in order to improve the environment, reduce GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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greenhouse gas emissions and meet the needs of the community without compromising the needs of future generations.
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. Strategy ES-1.1.2. CAP and Sustainability Strategies Implementation. Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies in this Element.
Institutionalize sustainability by developing a methodology to ensure all environmental, social and lifecycle costs are considered in project, program, policy and budget decisions. 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 the Emergency Preparedness Plan, Local Hazard Mitigation Plan, Dam Failure Plan, Climate Action Plan, Watershed Protection Plan, and Energy Assuredness Plan. 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.
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.
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.
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).
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.
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Strategy ES-2.1.5. Urban Forest. Encourage the inclusion of additional shade trees, vegetated stormwater treatment and landscaping to reduce the “heat island effect” in development projects. 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.
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 residential and commercial energy efficiency and renewable energy financing tools through outreach events and civic media assets.
Strategy ES-2.1.9. Energy Efficient Transportation Modes. Continue to encourage fuel-efficient transportation modes such as alternative fuel vehicles, driverless vehicles, public transit, car and vanpooling, 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.
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.
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. Strategy ES-4.2.4. Fuel-efficient Vehicles and Use. Prioritize the purchase, replacement and ongoing use of fuel-efficient and low polluting City fleet vehicles. Update applicable policies and programs to require life cycle cost analyses and include alternative fueling infrastructure review and related funding allocations. Update the Vehicle Use Policy and pursue fleet management best practices to GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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support fuel conservation, scheduled maintenance and fleet fuel tracking. Pursue available grant funding to offset the cost of implementing these programs. 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.
Summary
While the proposed Modified Project would be consistent with the overall goals of the Plan Bay Area and the Cupertino Climate Action Plan, because the proposed Modified Project would not provide EV charging infrastructure that, at a minimum, meets the most ambitious voluntary standards in CALGreen at the time of project approval and would result in increases in total VMT in the City and would exceed the City’s threshold for VMT reductions, impacts are considered potentially significant with respect to be consistent with the CARB Scoping Plan.
Impact GHG-2: The proposed Modified Project would not meet California Green Building Standards Code nonresidential voluntary Tier 2 electric vehicle parking standards and would exceed the City of Cupertino’s vehicle miles traveled reduction threshold, and therefore be inconsistent with the California Air Resources Board Scoping Plan.
Mitigation Measure GHG-2: Future development projects in the City of Cupertino shall comply with the voluntary Tier 2 electric vehicle charging standards under the California Green Building Standards Code (CALGreen) version that is applicable at the time of permit applications and shall illustrate compliance with Tier 2 CALGreen electric vehicle charging standards on the site plans submitted to the City of Cupertino Planning Department. Additionally, the City of Cupertino shall amend the Chapter 17.04, Standard Environmental Protection Requirements, of the Cupertino Municipal Code (CMC) to require that new parking amenities included in individual development projects install electric vehicle spaces in compliance with the voluntary Tier 2 standards under the CALGreen version that is applicable at the time of permit applications. The amended CMC shall require that all site plans submitted to the City of Cupertino Planning Department shall illustrate compliance with Tier 2 CALGreen electric vehicle charging standards.
Significance with Mitigation: Significant and Unavoidable. The proposed Modified Project has the potential to be inconsistent with the Scoping Plan priority areas. Mitigation Measure GHG-2 would be required to ensure that new parking amenities constructed as part of the proposed Modified Project meets the most ambitious voluntary electric vehicle charging standards in CALGreen, ensuring that the proposed Modified Project meets the Scoping Plan objectives for transportation electrification which would render this consistency component to a less-than-significant level. Nonetheless, as discussed in Chapter 4.14, Transportation, of this EA, the proposed Modified Project would continue to result in a substantial increase in total VMT in the city and would exceed the City’s VMT threshold.
Therefore, the proposed Modified Project remains inconsistent with the Scoping Plan priority for VMT reductions. Because the proposed Modified Project would exceed the City’s VMT threshold, the proposed Modified Project would conflict with the Scoping Plan after the incorporation of mitigation, and this impact would remain significant and unavoidable.
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GHG-3 Implementation of the proposed Modified Project would result in a cumulatively considerable impact with respect to GHG emissions.
As stated in the General Plan EIR, the Approved Project would achieve the 2020 and 2035 performance criteria, which would ensure that the City is on a trajectory that is consistent with the statewide GHG reduction goals. In addition, the Approved Project would not conflict with the CARB 2008 Scoping Plan or ABAG/MTC’s Plan Bay Area.
The General Plan 2040 is a regulatory document that sets the framework for future growth and development. A General Plan does not directly result in development without approval. Any development in the Study Area is required to be analyzed for its conformance with the General Plan 2040, Zoning Code requirements, and other applicable local and State requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits. Future potential development under the proposed Modified Project would result in 3,312 net new residential units, which would generate an estimated additional 8.63 MTCO2e per year per capita over the Approved Project. As the proposed Modified Project would meet the population growth and housing needs in the City and would implement existing federal, State, and local strategies and policies to reduce community-wide GHG emissions, it would be consistent with ABAG/MTC’s Plan Bay Area 2050. However, because the new residential units would result in VMT which exceeds the City’s reduction target, the proposed Modified Project would have the potential to exceed the conflict with the State’s 2045 carbon neutrality goal and impacts would be potentially significant.
Impact GHG-3: The proposed Modified Project would result in vehicle miles traveled that would exceed the City of Cupertino’s reduction target, and therefore conflict with the California Air Resources Board Scoping Plan and Executive Order B-55-18.
Mitigation Measure: Implement Mitigation Measure GHG-2.
Significance with Mitigation: Significant and Unavoidable. Mitigation Measure GHG-2 would ensure that potential future development of the Housing Element sites would provide the necessary design elements that would lay a foundation to achieve carbon neutrality by 2045 and contribute their “fair share” to achieving the State’s climate goals. However, GHG emissions associated with the proposed Modified Project are considered significant because the proposed Modified Project collectively would result in emissions which exceed the no net emissions threshold and project-induced VMT would exceed the City’s reduction target. Therefore, impacts would be significant and unavoidable.
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4.8 HAZARDS AND HAZARDOUS MATERIALS
This chapter describes the potential hazards and hazardous materials impacts associated with the 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 hazards and hazardous materials, and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts. A description of wildland fire hazards is in Chapter
4.18, Wildfire, of this Environmental Assessment (EA).
4.8.1 ENVIRONMENTAL SETTING
4.8.1.1 REGULATORY FRAMEWORK
Federal Regulations
United States Environmental Protection Agency
The United States Environmental Protection Agency (EPA) is the primary federal agency that regulates hazardous materials and waste. In general, the EPA works to develop and enforce regulations that implement environmental laws enacted by Congress. The agency is responsible for researching and setting national standards for a variety of environmental programs, delegating the responsibility for issuing permits, and monitoring and enforcing compliance to states and Native American tribes. EPA programs promote handling hazardous waste safely, cleaning up contaminated land, and reducing waste volumes through such strategies as recycling. California falls under the jurisdiction of EPA Region 9. Under the authority of the Resource Conservation and Recovery Act (RCRA) and in cooperation with State and tribal partners, the EPA Region 9 Waste Management and Superfund Divisions manage programs for site environmental assessment and cleanup, hazardous and solid waste management, and underground storage tanks.
Resource Conservation and Recovery Act of 1976
Federal hazardous waste laws are generally promulgated under the RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984. These laws provide for the “cradle to grave” regulation of hazardous waste. Any business, institution, or other entity that generates hazardous waste is required to identify and track its hazardous waste from the point of generation until it is recycled, reused, or disposed.
The Department of Toxic Substances Control (DTSC) is responsible for implementing the RCRA program as well as California’s own hazardous waste laws, which are collectively known as the Hazardous Waste Control Law.
Comprehensive Environmental Response, Compensation, and Liability Act and the Superfund Amendments and Reauthorization Act of 1986
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as “Superfund,” on December 11, 1980. CERCLA established prohibitions and requirements concerning closed and abandoned hazardous waste sites; provided for liability of persons GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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responsible for releases of hazardous waste at these sites; and established a trust fund to provide for cleanup when no responsible party could be identified. The Superfund Amendments and Reauthorization Act (SARA) amended the CERCLA on October 17, 1986. SARA stressed the importance of permanent remedies and innovative treatment technologies in cleaning up hazardous waste sites, required Superfund actions to consider the standards and requirements found in other State and federal environmental laws and regulations, provided new enforcement authorities and settlement tools, increased State involvement in every phase of the Superfund program, increased the focus on human health problems posed by hazardous waste sites, encouraged greater citizen participation in making decisions on how sites should be cleaned up, and increased the size of the trust fund to $8.5 billion.
The Stafford Act
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) of 1988, as amended, authorizes federal government assistance for emergencies and disasters when State and local capabilities are exceeded. The Stafford Act forms the statutory authority for most federal disaster response activities, especially as they relate to the Federal Emergency Management Agency (FEMA) and FEMA programs.
State Regulations
California Environmental Protection Agency
One of the primary State agencies that regulate hazardous materials is the California Environmental Protection Agency (CalEPA). CalEPA is authorized by the EPA to enforce and implement certain federal hazardous materials laws and regulations. The California DTSC, a department of the CalEPA, protects California and its population from exposure to hazardous waste, primarily under the authority of the RCRA and the California Health and Safety Code.
1 The DTSC requirements include the need for written programs and response plans, such as Hazardous Materials Management Plans. The DTSC programs include dealing with aftermath clean-ups of improper hazardous waste management; evaluation of samples taken from sites; enforcement of regulations regarding use, storage, and disposal of hazardous materials; and encouragement of pollution prevention.
Additionally, CalEPA has delegated enforcement authority to the Santa Clara County Fire Department for State law regulating hazardous waste producers or generators in Cupertino under the Certified Unified Program Agency (CUPA) program.2 A CUPA is an agency of a county or city that administers several State programs regulating hazardous materials and hazardous waste. The CUPA staff review plans for new underground storage tanks (USTs); inspect UST sites during several construction phases to ensure installation standards are met; and conduct annual inspections to verify that operating requirements are met. All UST owners must possess a valid operating permit; conduct routine testing; maintain equipment; prepare an approved leak-response plan; and upgrade tank systems, as required.
1 Hazardous Substance Account, Chapter 6.5 (Section 25100 et seq.) of the Hazardous Waste Control Law, Chapter 6.8 (Section 25300 et seq.) of the Health and Safety Code.
2 County of Santa Clara Hazardous Materials Compliance Division, 2024, Programs and Services, https://hazmat.sccgov.org/programs-and-services#1849274314-1684959077, accessed January 26, 2024.
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California Division of Occupational Safety and Health
Like the Occupational Safety and Health Administration (OSHA) at the federal level, the California Division of Occupational Safety and Health (CalOSHA) is the responsible State-level agency for ensuring workplace safety. CalOSHA assumes primary responsibility for the adoption and enforcement of standards regarding workplace safety and safety practices. In the event that a work site is contaminated, a Site Safety Plan must be crafted and implemented to protect the safety of workers. Site Safety Plans establish policies, practices, and procedures to prevent the exposure of workers and members of the public to hazardous materials originating from the contaminated site or building.
California Office of Emergency Services
The California Office of Emergency Services (Cal OES) was established as part of the Governor’s Office on January 1, 2009. It was created pursuant to Assembly Bill 38, which merged the duties, powers, purposes, and responsibilities of the former Governor’s Emergency Management Agency with those of the Governor’s Office of Homeland Security. Cal OES is responsible for the coordination of overall State agency response to major disasters in support of local government. The agency is responsible for ensuring the State’s readiness to respond to and recover from all hazards—natural, human-made, emergencies, and disasters—and for assisting local governments in their emergency preparedness, response, recovery, and hazard mitigation efforts.
California Department of Transportation and California Highway Patrol The California Department of Transportation (Caltrans) and the California High Patrol (CHP) are the two State agencies that have primary responsibility for enforcing federal and State regulations and responding to hazardous materials transportation emergencies. Caltrans manages more than 50,000 miles of California’s highways and freeways, provides intercity rail services, permits more than 400 public-use airports and special-use hospital heliports, and works with local agencies. Caltrans is also the first responder for hazardous material spills and releases that occur on highways, freeways, and intercity rail lines.
The CHP enforces hazardous materials and hazardous waste labeling and packing regulations designed to prevent leakage and spills of materials in transit and to provide detailed information to cleanup crews in the event of an accident. Vehicle and equipment inspection, shipment preparation, container identification, and shipping documentation are all part of the responsibility of the CHP , which conducts regular inspections of licensed transporters to ensure regulatory compliance. In addition, the State of California regulates the transportation of hazardous waste originating or passing through the state.
Common carriers are licensed by the CHP , pursuant to Section 32000 of the California Vehicle Code. This section requires licensing every motor (common) carrier who transports, for a fee, more than 500 pounds of hazardous materials at one time and every carrier, if not for hire, who carries more than 1,000 pounds of hazardous material of the type requiring placards. Common carriers conduct a large portion of the business in the delivery of hazardous materials.
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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 (CMC) Chapter 16.04, Building Code. Commercial and residential buildings are plan-checked by local City and County building officials for compliance with the typical fire safety requirements of the CBC, including the installation of sprinklers in all buildings; the establishment of fire-resistance standards for fire doors and building materials; and the clearance of debris and vegetation near occupied structures in wildfire hazard areas.
California Health and Safety Code
California Health and Safety Code Chapter 6.95 and CCR Title 19, Section 2729, set out the minimum requirements for business emergency plans and chemical inventory reporting. These regulations require businesses to provide emergency response plans and procedures, training program information, and a hazardous material chemical inventory disclosing hazardous materials stored, used, or handled on site. A business that uses hazardous materials or a mixture containing hazardous materials must establish and implement a management plan if the hazardous material is handled in certain quantities.
California Department of Toxic Substances Control
DTSC takes a multipronged approach to regulating more than 100,000 entities to prevent the release of hazardous waste, clean-up contamination, and ensure hazardous waste is handled safely. They conduct inspections, provide emergency response, remove waste and update EnviroStor, DTSC’s data management system for tracking cleanup, permitting, enforcement, and investigation efforts at hazardous waste facilities and sites with known contamination or sites where there may be reasons to investigate further .
State Water Resources Control Board
The State Water Resources Control Board (SWRCB), along with the nine Regional Water Quality Control Boards, protect California’s water quality. The SWRCB has created GeoTracker, a data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. GeoTracker also contains records for various unregulated projects as well as permitted facilities, including Irrigated Lands, Oil and Gas production, operating Permitted USTs, and Land Disposal Sites.
California Accidental Release Prevention Program
The California Accidental Release Prevention Program (CalARP) protects people from the release of “regulated substances” into the environment. Regulated substances are chemicals that pose a major threat to public health and safety or the environment because they are highly toxic, flammable, or explosive; such substances include ammonia, chlorine gas, hydrogen, nitric acid, and propane.
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Businesses subject to CalARP must develop a Risk Management Plan (RMP) for handling an accidental release; the RMP ensures that businesses have the proper information to give emergency response teams if an accidental release occurs. RMPs describe impacts to public health and the environment if a regulated substance is released near schools, residential areas, hospitals, and childcare facilities. RMPs must include procedures for keeping employees and customers safe, handling regulated substances, training staff, maintaining equipment, safe storage of substances, and responding to an accidental release.3 Regional Regulations
San Francisco Bay Regional Water Quality Control Board
The Porter-Cologne Water Quality Control Act established the SWRCB and divided the State into nine regional basins, each under the jurisdiction of a Regional Water Quality Control Board (RWQCB). The San Francisco Bay RWQCB, Region 2, regulates water quality in the Study Area. The San Francisco Bay RWQCB has the authority to require groundwater investigations and/or remedial action if the quality of groundwater or surface waters of the state are threatened.
Bay Area Air Quality Management District
The Bay Area Air Quality Management District (BAAQMD) has primary responsibility for control of air pollution from sources other than motor vehicles and consumer products. The latter are typically the responsibility of CalEPA and the California Air Resources Board. The BAAQMD is responsible for preparation of attainment plans for non-attainment criteria pollutants, control of stationary air pollutant sources, and issuance of permits for activities, including demolition and renovation activities affecting asbestos-containing materials (District Regulation 11, Rule 2) and lead (District Regulation 11, Rule 1).
Santa Clara County Operational Area Hazard Mitigation Plan The purpose of hazard mitigation planning is to reduce the loss of life and property by minimizing the impact of disasters. The Santa Clara County Operational Area Hazard Mitigation Plan (HMP) was prepared and adopted in October 2017 for the purpose of identifying, assessing, and reducing the long-term risk to life and property from hazard events. The adopted HMP was approved by FEMA. The document provides more than 344 mitigation actions for implementation by individual planning partners, including the City of Cupertino. The HMP includes a risk assessment and mitigation actions for each of the jurisdictions in the planning partnership. The Cupertino Jurisdictional Annex of the HMP provides an assessment of hazards and vulnerabilities, and a set of mitigation actions for Cupertino specifically while considering the results from the countywide effort. In the context of an HMP , mitigation is an action that reduces or eliminates long-term risk to people and property from hazards, including wildfire.
The HMP must be reviewed and approved by FEMA every five years to maintain eligibility for disaster relief funding. As part of this process, Cal OES reviews all local HMPs in accordance with the Disaster
3 San Mateo County Health, 2023, The California Accidental Release Prevention Program (CalARP), https://www.smchealth.org/cupa/calarp, accessed May 29, 2023.
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Management Act of 2000 regulations, and coordinates with local jurisdictions to ensure compliance with FEMA’s Local Mitigation Plan Review Guide.
Santa Clara County Department of Environmental Health
The routine management of hazardous materials in California is administered under the Unified Hazardous Waste and Hazardous Materials Management Program (Unified Program), and most of the City of Cupertino’s hazardous materials programs are administered and enforced under the Unified Program.4 The CalEPA has granted responsibilities to the Santa Clara County Department of Environmental Health Hazardous Materials Compliance Division (HMCD) for implementation and enforcement of hazardous material regulations under the Unified Program as a CUPA. The HMCD also enforces additional hazardous materials storage requirements in accordance with the Santa Clara County Hazardous Materials Storage Ordinance and Toxic Gas Ordinance.
5 Under authority from the RWQCB, the Santa Clara County Department of Environmental Health implements the Local Oversight Program (LOP) to oversee the investigation and remediation of leaking underground storage tanks (LUSTs) in Santa Clara County, including the City of Cupertino.
Businesses storing hazardous materials over threshold quantities are required to submit Hazardous Materials Business Plans (HMBPs) to the HMCD. An HMBP must include measures for safe storage, transportation, use, and handling of hazardous materials. An HMBP must also include a contingency plan that describes the facility’s response procedures in the event of a hazardous materials release.
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 related to hazards and hazardous materials. Applicable policies and strategies that would minimize potential adverse impacts related to hazards and hazardous materials are identified in Section 4.8.3, Impact Discussion.
Municipal Code
The CMC includes various directives to minimize adverse impacts to hazards and hazardous materials in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to hazards and hazardous materials are included in Title 6, Franchises; Title 9, Health and Sanitation; and Title 17, Environmental Regulations:
Chapter 6.24, Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal.
Section 6.24.100, Disposal of Explosive or Hazardous Material Restrictions, states that no person shall deposit in any garbage organic waste or non-organic recycling containing any explosive, highly inflammable, or otherwise hazardous material or substance.
4 California Health and Safety Code, Chapter 6.11, Sections 25404-25404.8. 5 Santa Clara County Ordinance Code, Division B11, Chapters XIII – XIV.
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Chapter 9.12, Hazardous Materials Storage. This chapter outlines the general provisions for managing and storing hazardous materials, the materials regulated, the containment standards, and requirements for hazardous materials management plans.
Chapter 9.20, Off-Site Hazardous Waste Facilities. This chapter establishes standards for controlling the location, design, maintenance, and safety of off-site hazardous waste treatment, storage, transfer, and disposal facilities.
Chapter 16.04, Building Code. This chapter adopts the 2022 CBC as the rules, regulations, and standards within the city as to all matters except as modified or amended in the CMC. Provisions of the CBC include ensuring proper hazardous materials storage facilities are used and appropriate permits are obtained when working with potentially hazardous materials. Chapter 16.40, Fire Code. Adopts the 2022 edition of the California Fire Code as the rules, regulations, and standards in the city as to all matters except as modified or amended in the CMC. As stated in Section 16.40.220, Hazardous Materials – General Provisions, where required by the fire code official, facilities shall submit a Hazardous Materials Business Plan. 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.
Section 17.04.040(B), Hazardous Materials. This section includes specific requirements for evaluating and mitigating hazardous materials.
B. Hazardous Materials. Manage Soil and/or Groundwater Contamination. Projects that involve tree removal only are not subject to this Section B. For projects that involve a change of land use (e.g., commercial to residential), development of uses that will be occupied or used by sensitive receptors, development of a net new residential unit (not including a Junior Accessory Dwelling unit or Accessory Dwelling unit), new construction of nonresidential and/or mixed-use development, or subdivisions, except as provided for in Section B.3, the project applicant shall complete Sections B.1 and B.2, as required, prior to approval of the project.
1. Phase I Environmental Site Assessment. Retain the services of a qualified environmental consultant with experience preparing Phase I Environmental Site Assessments (ESAs) to prepare a Phase I ESA in accordance with the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments, ASTM E 1527-13 (ASTM 1527-13) and in accordance with the EPA’s Standards and Practices for All Appropriate Inquiries (40 Code of Federal Regulations [CFR] 312), published November 2005, as subsequently revised, supplemented, or replaced. The goal of an ASTM Phase I ESA is to evaluate site history, existing observable conditions, current site use, and current and former uses of surrounding properties to identify the potential presence of Recognized Environmental Conditions (RECs) as defined in ASTM E 1527-13, associated with the site.
If the Phase I ESA does not identify any RECs, then no further action is needed. If the Phase I ESA identifies RECs, then a Phase II ESA shall be prepared, as described in Section B.2.
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2. Phase II Environmental Site Assessment. A Phase II ESA shall be prepared by a qualified environmental consultant and signed and stamped by a Professional Geologist or Professional Engineer hired by the project applicant. The Phase II ESA shall include the collection and analysis of samples designed to evaluate RECs identified in the Phase I ESA, in compliance with ASTM standards, and a health risk assessment to evaluate whether the RECs pose an unacceptable or potentially unacceptable health risk to future users of the site. Depending on the health risks identified in the Phase II ESA, the project applicant shall proceed as follows:
a. If the Phase II ESA identifies no unacceptable or potentially unacceptable health risk associated with the RECs, then no further action is needed. b. If the Phase II ESA identifies an unacceptable or a potentially unacceptable health risk, the requirements related to soil remediation in Section 17.04.050B shall apply.
3. Focused Phase I and II ESAs. Projects that are on sites that are known to have current or former orchards or other irrigated agricultural activities that were active in 1950 or later are assumed to contain RECs associated with organic pesticides and are required to prepare a Focused Phase I ESA that addresses only RECs other than those associated with organic pesticides. Depending on the contaminants found in the Focused Phase I ESA, the project applicant shall proceed as follows:
a. If the Focused Phase I ESA identifies no other unacceptable or potentially unacceptable health risks, then the project applicant shall prepare a Focused Phase II ESA that addresses only the potential hazards associated with organic pesticides. b. If the Focused Phase I ESA identifies RECs other than organic pesticides, then the project applicant shall prepare the Phase II ESA, as described in Section B.2 to address both the organic pesticides RECs and all other RECs.
Section 17.04.050(B), Hazardous Materials Permit Requirements. Soil Remediation Required. If a Focused or other Phase II ESA, as required pursuant to Section 17.04.040(B)(1), identifies an unacceptable or a potentially unacceptable health risk, the project applicant shall, depending on the contaminant, contact either the Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWQCB) or local Certified Unified Program Agency (CUPA). The project applicant shall enter into a regulatory agency oversight program with an appropriate regulatory agency, or an established voluntary oversight program alternative with an appropriate regulatory agency, as determined by the City, and follow the regulatory agency’s recommended response actions until the agency reaches a no further action determination, prior to issuance of any permit for a project that allows ground disturbing activity.
Cupertino Emergency Operations Plan
The City of Cupertino Office of Emergency Management is responsible for coordinating agency response to disasters or other large-scale emergencies in Cupertino. The Cupertino Emergency Operations Plan (EOP) establishes policy direction for emergency planning, mitigation, response, and recovery activities within the city. The EOP addresses interagency coordination, procedures to maintain communications with County and State emergency response teams, and methods to assess the extent of damage and management of volunteers, as well as identifies the location of the Emergency Operations Center. The EOP uses the Standardized Emergency Management System as required by California Government Code GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Section 8607(a) for managing responses to multiagency and multi-jurisdiction emergencies in California, including those related to hazardous materials.
4.8.1.2 EXISTING CONDITIONS
Chapter 4.7, Hazards and Hazardous Materials, of the General Plan Environmental Impact Report (EIR), addresses the impacts to hazardous resources associated with implementation of the Approved Project at a program level. The setting for hazards and hazardous materials is described in detail in General Plan EIR Section 4.7.1.2, Existing Conditions. The Fire Prevention division of the Santa Clara County Fire Department (SCCFD) continues to provide hazardous materials inspection, services for building construction, annual building inspection, and hazardous materials regulation.6 Since the certification of the General Plan EIR, the City has codified regulations equivalent to the General Plan EIR Mitigation Measure HAZ-4a and HAZ-4b in CMC Chapter 17.04, Standard Environmental Protection Requirements, as described under the Municipal Code heading in Section 4.8.1.1, Regulatory Framework. CMC Section 17.04.040(B), Hazardous Materials, incorporates these mitigation measures into the CMC and requires a Phase I and II ESA to be prepared to evaluate potential residual contamination during new development. Section 17.04.050(B), Hazardous Materials Permit Requirements, requires soil remediation if a Phase II ESA identifies an unacceptable health risk on a project site.
Additionally, since the certification of the General Plan EIR, new hazardous waste sites have been identified and some of the previous hazards waste sites have become inactive or closed. Table 4.8-1, Active Hazardous Material Sites in the Study Area, identifies the active sites in the Study Area as of July 20, 2023.
TABLE 4.8-1 ACTIVE HAZARDOUS MATERIAL SITES IN THE STUDY AREA Map
ID Site Name Address Site Type Cleanup Status
DTSC EnviroStor Sites
1 Westwood Elementary School 435 Saratoga Avenue School Investigation Active 2 New Laurelwood Elementary
School
1095 & 1055 Dunford Way,
1380 Rosalia Avenue School Investigation Active
3 Cupertino Village Cleaners 10989 North Wolfe Road Voluntary Cleanup Active 4 Delia's Cleaners 7335 Bollinger Road Voluntary Cleanup Active 5 Sedgwick Elementary School
Expansion Project 10480 Finch Avenue School Cleanup Certified 6 Orchard Farm Shopping Center 6150 Bollinger Road State Response Certified Operations and
Maintenance - Land Use
Restrictions Only
7 Hewlett Packard CO 5301 Stevens Creek Blvd Non-Operating Protective Filer 8 Anderson Chevrolet Dealership
(now Whole Foods)
20955 Stevens Creek
Boulevard Evaluation Refer: 1248 Local Agency
6 Santa Clara County Fire Department, Fire Prevention, https://www.sccfd.org/fire-prevention/fire-prevention-overview/, accessed on July 19, 2023.
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TABLE 4.8-1 ACTIVE HAZARDOUS MATERIAL SITES IN THE STUDY AREA Map
ID Site Name Address Site Type Cleanup Status
9 American Microsystems, Inc. 3800 Homestead Road State Response Refer: Regional Water Quality Control Board
10 Vallco Building 80 (now Apple) 10432 North Tantau Avenue Evaluation Refer: Regional Water Quality Control Board
11 Ampex Cupertino Facility (now
Apple) 10435 North Tantau Avenue Evaluation Refer: Regional Water Quality Control Board
12 Intersil (now Apple/Panasonic) 10910 North Tantau Avenue Federal Superfund Refer: Regional Water Quality Control Board
SWRCB GeoTracker Sites
13 19720 Stevens Creek Boulevard. 19720 Stevens Creek
Boulevard Cleanup Program Site Open - Assessment &
Interim Remedial Action
14 Apple - Former HP - Wolfe Road 10900 North Wolfe Road Cleanup Program Site Open - Remediation 15 Bubb Road Property - The Driving
Machine 10100 Bubb Road Cleanup Program Site Open - Long Term Management
16 District McClellan Homes 20860 McClellan Road Cleanup Program Site Open - Site Assessment 17 East Vallco Mall Site 10123 North Wolfe Road Cleanup Program Site Open - Site Assessment 18 Intersil (DTKM) (now Apple) 10900 North Tantau Avenue Cleanup Program Site Open - Remediation - Land Use Restrictions
19 McClellan Square Cleaners 10477 South De Anza
Boulevard Cleanup Program Site Open - Assessment &
Interim Remedial Action
20 Residence - 11226 Bubb Road 11226 Bubb Road Cleanup Program Site Open - Site Assessment 21 Siemens (SMI Holding Llc) (now
Kaiser) 19000 Homestead Road Cleanup Program Site Open - Remediation - Land Use Restrictions
22 Vallco Town Center 10123 North Wolfe Road Cleanup Program Site Open - Remediation Sources: Department of Toxic Substances Control, 2022, EnviroStor, https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=cupertino, accessed July 20, 2023; State Water Resources Control Board, 2022, GeoTracker, https://geotracker.waterboards.ca.gov/, accessed July 20, 2023.
4.8.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant hazards and hazardous materials impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
HAZ-1. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? LTS LTS HAZ-2. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.?
LTS LTS
HAZ-3. Emit hazardous emissions or handle hazardous materials, substances, or waste within 0.25 miles of an existing or proposed school? LTS/M LTS HAZ-4. Be located on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment?
LTS/M LTS
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Implementation of the proposed Modified Project would result in significant hazards and hazardous materials impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
HAZ-5. For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard or excessive noise for people residing or working in the project area? NI NI
HAZ-6. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? LTS LTS
HAZ-7. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? LTS LTS HAZ-8. Result in a cumulatively considerable impact with respect to hazards and hazardous materials? LTS/M 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. Because wildfire has been added as a separate impact category to Appendix G, this EA includes a complete description of wildfire impacts in Chapter 4.16, Wildfire, of this EA.
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
4.8.3 IMPACT DISCUSSION
HAZ-1 Implementation of the proposed Modified Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
As described in the General Plan EIR, commercially available hazardous materials (e.g., fuels, solvents, paints, and some consumer electronics) would be used at various new construction sites under the Approved Project and may generate small amounts of hazardous waste, but the waste would be handled in accordance with applicable federal, State, and local laws, policies, and regulations. Additionally, the Approved Project has office, commercial, and residential land uses and, therefore, would not include manufacturing or research processes that generate substantial quantities of hazardous materials.
Like the Approved Project, future potential development under the proposed Modified Project would include only residential development and would not include manufacturing or research processes that would generate substantial quantities of hazardous materials. Future potential development under the proposed Modified Project would also use commercially available hazardous materials but would be required to comply with the same federal, State, and local laws and regulations as the proposed Modified Project.
The General Plan EIR also found that the Health and Safety (HS) Element contains policies that require local planning and development decisions to consider impacts that development could have on the routine transport, use, or disposal of hazardous materials. 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 adverse impacts on the routine transport, use, or disposal of hazardous materials for future potential development:
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Policy HS-6.1. Hazardous Materials Storage and Disposal. Require the proper storage and disposal of hazardous materials to prevent leakage, potential explosions, fire or the release of harmful fumes.
Maintain information channels to the residential and business communities about the illegality and danger of dumping hazardous material and waste in the storm drain system or in creeks. (General Plan EIR Policies 6-27 and 6-32)
Policy HS-6.2. Proximity of Residents to Hazardous Materials. Assess future residents’ exposure to hazardous materials when new residential development or sensitive populations are proposed in existing industrial and manufacturing areas. Do not allow residential development or sensitive populations if such hazardous conditions cannot be mitigated to an acceptable level of risk. (General Plan EIR Policy 6-28)
Policy HS-6.4. Educational Programs. Continue to encourage residents and businesses to use non- and less hazardous products, especially less toxic pest control products, to slow the generation of new reduce hazardous waste requiring disposal through the county-wide program. (General Plan EIR Policy 6-30).
Policy HS-6.5. Hazardous Waste Disposals. Continue to support and facilitate, for residences and businesses, a convenient opportunity to properly dispose of hazardous waste. (General Plan EIR Policy 6-31).
As with the future potential 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 the routine transport, use, or disposal of hazardous materials, 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 hazards to the public or the environment through the routine transport, use, or disposal of hazardous materials beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
HAZ-2 Implementation of the proposed Modified Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
As described in the General Plan EIR, the Approved Project would facilitate new development, including residential, mixed-use, and commercial uses, within Cupertino. Some of the potential future development could occur on properties that are contaminated and inactive, undergoing evaluation, and/or undergoing corrective action, as indicated in Table 4.7.2, Hazardous Materials and LUST Sites, of the General Plan EIR.
Demolition of existing structures and construction of new buildings could potentially result in the release of hazardous building materials (e.g., asbestos, lead paint) into the environment. However, compliance with applicable federal, State, and local laws and regulations regarding handling of these materials and compliance with the Stormwater Pollution Prevention Plan and Best Management Practices, would ensure future development under the Approved Project would not create a significant hazard to the public or the environment.
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Like the Approved Project, potential future development under the proposed Modified Project could occur on properties that contaminated and inactive, undergoing evaluation, and/or undergoing corrective action, as indicated in Table 4.8-1, Active Hazardous Material Sites in the Study Area. As with the future potential 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 the release of hazardous materials into the environment, including the General Plan 2040 policies listed under Impact Discussion HAZ-1 and compliance with the Stormwater Pollution Prevention Plan and Best Management Practices. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe hazards to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
HAZ-3 Implementation of the proposed Modified Project would not emit hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
As described in the General Plan EIR, several public and private schools, including preschools, elementary, middle, and high schools, are within one-quarter mile of known hazardous wastes sites that may be redeveloped as part of the Approved Project. The SCCFD and City of Cupertino Building Division coordinate the review of building permits to ensure that hazardous materials use requirements are met prior to construction, including required separation between hazardous materials and sensitive land uses, and proper hazardous materials storage facilities. Development under the Approved Project would be required by the HMCD and the City of Cupertino to store, manage, and dispose of the materials in accordance with the Unified Program. While compliance with existing regulations would reduce the potential for school children to be exposed to hazardous materials during both construction and operation from future development under the Approved Project, impacts were found to be potentially significant in the General Plan EIR. Thus, the General Plan EIR included the Mitigation Measures HAZ-4a and HAZ-4b to render these impacts to a less-than-significant level. As previously stated in Section 4.8.1.2, Existing Conditions, these mitigation measures have been codified in CMC Chapter 17.04 and apply to all potential future development in Cupertino. Specifically, Section 17.04.040(B), Hazardous Materials, includes specific requirements for evaluating and mitigating hazardous materials by requiring the preparation of a Phase I Environmental Site Assessment (ESA) to evaluate site history, existing observable conditions, current site use, and current and identify Recognized Environmental Conditions (RECs).
If the Phase I ESA identifies RECs, then a Phase II ESA shall be prepared to mitigate any potential impacts.
As with the General Plan Mitigation Measures HAZ-4a and HAZ-4b, the Phase II ESA could require construction at the sites with known contamination to be conducted under a project-specific Environmental Site Management Plan (ESMP) that is prepared in consultation with the Regional Water Quality Control Board (RWQCB) or the Department of Toxic Substances Control (DTSC), or the Santa Clara County Department of Environmental Health (DEH) as determined appropriate by the City and in compliance with the requirements of CMC Chapter 17.04. The purpose of the ESMP is to protect construction workers, the general public, the environment, and future site occupants from subsurface GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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hazardous materials previously identified at the site and to address the possibility of encountering unknown contamination or hazards in the subsurface. The ESMP shall summarize soil and groundwater analytical data collected on the project site during past investigations; identify management options for excavated soil and groundwater, if contaminated media are encountered during deep excavations; and identify monitoring, irrigation, or other wells requiring proper abandonment in compliance with local, State, and federal laws, policies, and regulations. The ESMP shall include measures for identifying, testing, and managing soil and groundwater suspected of or known to contain hazardous materials. The ESMP shall: 1) provide procedures for evaluating, handling, storing, testing, and disposing of soil and groundwater during project excavation and dewatering activities, respectively; 2) describe required worker health and safety provisions for all workers potentially exposed to hazardous materials in accordance with State and federal worker safety regulations; and 3) designate personnel responsible for implementation of the ESMP .
For those sites with potential residual contamination in soil, gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into an occupied building, project design shall include vapor controls or source removal, as appropriate, in accordance with regulatory agency requirements. Soil vapor mitigations or controls could include vapor barriers, passive venting, and/or active venting. The vapor intrusion assessment and associated vapor controls or source removal can be incorporated into the ESMP.
CMC Section 17.04.040(B), Hazardous Materials, and Section 17.04.050, Hazardous Materials Permit Requirements, would prohibit all future potential development projects under the Approved Project and Modified Project from emitting hazardous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
Like the Approved Project, the proposed Modified Project could include potential future development on known hazardous wastes sites within one-quarter mile of a school. Thus, 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 the release of hazardous materials into the environment, including the General Plan 2040 policies listed under Impact Discussion HAZ-1 and CMC Sections 17.04.040 (B) and 17.04.050(B). Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe hazards to schools through emitting hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
HAZ-4 Implementation of the proposed Modified Project would be on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment.
Table 4.7-2, Hazardous Materials and LUST Sites, of the General Plan EIR identified the LUST sites within the Study Area. Because hazardous materials were known to be present in soil, soil gas, and/or GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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groundwater due to past land uses at certain sites that may be redeveloped as part of the Approved Project, the direct contact, inhalation, or ingestion of hazardous materials could potentially cause adverse health effects to construction workers and future site users. The severity of health effects would depend on the contaminant(s), concentration, use of personal protective equipment during construction, and duration of exposure. The disturbance and release of hazardous materials during earthwork activities, if present, could pose a hazard to construction workers, nearby receptors, and the environment. Thus, the General Plan EIR included Mitigation Measures HAZ-4a and HAZ-4b. However, as listed under Impact Discussion HAZ-3, the intent of these mitigation measures has been codified into CMC Sections 17.04.040 (B) and 17.04.050(B), and therefore all potential future development under both the Approved Project and proposed Modified Project would be required to comply with these regulations. Like the Approved Project, the proposed Modified Project could include potential future development on known LUST sites, as shown in Table 4.7-1, Active Hazardous Material Sites in the Study Area, of this EA. Thus, as with the development assessed 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 the release of hazardous materials into the environment, including the General Plan 2040 policies listed under Impact Discussion HAZ-1, and CMC Sections 17.04.040 (B) and 17.04.050(B). Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe hazards to the public or the environment beyond what was evaluated in the General Plan EIR.
Significance with Mitigation: Less than significant.
HAZ-5 Implementation of the proposed Modified Project would not, for a project within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard or excessive noise for people residing or working in the project area.
As described in the General Plan EIR, Cupertino is not within two miles of a public airport or within any protected airspace zones defined by the Santa Clara County Airport Land Use Commission (ALUC), and there are no private airstrips or heliports listed by the Federal Aviation Administration in Cupertino. Thus, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts that result in a safety hazard or excessive noise for people residing or working in the project area due to being within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: No impact.
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HAZ-6 Implementation of the proposed Modified Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.
As explained in the General Plan EIR, the City of Cupertino Emergency Management Division is responsible for coordinating agency response to disasters or other large-scale emergencies in the City of Cupertino with assistance from the Santa Clara County Office of Emergency Management and the SCCFD.
The Cupertino EOP establishes policy direction for emergency planning, mitigation, response, and recovery activities within the city. The Cupertino EOP addresses interagency coordination, procedures to maintain communications with County and State emergency response teams, and methods to assess the extent of damage and management of volunteers.
The proposed Modified Project would include potential future development and land use activities within the same boundaries as the Approved Project. Furthermore, as shown on Figure 3-3, Housing Element (2023-2031) Opportunity Sites, of this EA, the locations of potential future development under the proposed Modified Project would be in similar areas as those of the Approved Project. Future potential development under the 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 residential-serving development in already urbanized areas. Thus, the City of Cupertino Office of Emergency Management would still be responsible for coordinating agency response to disasters or other large-scale emergencies.
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 interfere with an adopted emergency response plan or emergency evacuation plan. 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 potential adverse impacts on projects in an emergency response plan or emergency evacuation plan:
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 1 of General Plan EIR Policy 6-1)
Policy HS-2.1. Promote Emergency Preparedness. Distribute multi-hazard emergency preparedness information for all threats identified in the emergency plan. Information will be provided through Cardiopulmonary Resuscitation (CPR), First Aid and Community Emergency Response Team (CERT) training, lectures and seminars on emergency preparedness, publication of monthly safety articles in the Cupertino Scene, posting of information on the Emergency Preparedness website and coordination of video and printed information at the library. (General Plan EIR Policy 6-33) Strategy HS-2.2.1. Emergency Operations Center (EOC). Review options to provide functional and seismic upgrades to the EOC facility at City Hall or explore alternative locations for the EOC. (General Plan EIR Policy 6-38)
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Policy HS- 2.4. Emergency Public Information. Maintain an Emergency Public Information program to be used during emergency situations. (General Plan EIR Policy 6-39) Policy HS-3.3. Emergency Access. Ensure adequate emergency access is provided for all new hillside development.
Strategy HS-3.3.1. Roadway Design. Create an all-weather emergency road system to serve rural areas. (General Plan EIR Policy 6-13)
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) 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-3.4. 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 6-17) 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) Policy HS-7.2. Emergency Response to Dam Failure. Ensure that Cupertino is prepared to respond to a potential dam failure.
As with the 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 adopted emergency response plans or emergency evacuation plans, 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 the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
HAZ-7 Implementation of the proposed Modified Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.
As described in the General Plan EIR, according to CAL FIRE, there are no very high fire hazard severity zones within the Local Responsibility Areas of Cupertino. Additionally, because the development under the Approved Project would be in highly urbanized areas, away from regional open space areas, wildland fires are less likely to occur.
Like the Approved Project, potential future development under the proposed Modified Project would occur in highly developed areas, away from open spaces. Further, the General Plan EIR also found that the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Health and Safety (HS) Element contains policies and strategies that require local planning and development decisions to consider impacts due to wildland fires. Like the Approved Project, the following existing General Plan 2040 policies would, and updated policies as part of the proposed Modified Project, also serve to minimize potential adverse impacts on people or structures due to wildland fires:
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, 6-5, 6-6, and 6-7) 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 6-8)
Policy HS- 3.5. 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)
As with the 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 fire risk, as necessary. Additionally, wildfire impacts are addressed further in Chapter 4.16, Wildfire, of this EA. Based on these considerations and the conclusions in Chapter 4.16, overall impacts from implementation of the proposed Modified Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
HAZ-8 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to hazards and hazardous materials.
As described in the General Plan EIR, potential cumulative hazardous impacts could arise from a combination of future potential development of the Approved Project together with the regional growth in the immediate vicinity. Development allowed by the Approved Project would not result in significant impacts from the increased use of hazardous household materials and would not interfere with the implementation of emergency response plans. In addition, potential project-level impacts associated with hazards and hazardous materials would be further reduced through compliance with General Plan policies and strategies; other local, regional, State, and federal regulations; and with implementation of CMC Sections 17.04.040 (B) and 17.04.050(B).
Similar to the Approved Project, potential future development under the proposed Modified Project would not result in significant impacts from the increased use of hazardous household materials and would not interfere with the implementation of emergency response plans. Further, future potential development under the proposed Modified Project and other projects would be required to comply with GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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applicable laws, policies, design standards, and mitigation measures governing hazards and hazardous materials, as necessary. Therefore, the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to hazards and hazardous materials beyond what was evaluated in the General Plan EIR.
Significance with Mitigation: Less than significant.
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4.9 HYDROLOGY AND WATER QUALITY
This chapter describes the potential impacts related to hydrology and water quality 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 hydrology and water quality, and identifies General Plan 2040 policies that could minimize any potentially significant impacts.
4.9.1 Environmental Setting
REGULATORY FRAMEWORK
Federal Regulations
Clean Water Act
The United States Environmental Protection Agency (EPA) is the lead federal agency responsible for water quality management and the Clean Water Act (CWA) is the principal statute governing water quality. It establishes the basic structure for regulating discharges of pollutants into the waters of the United States and gives the EPA authority to implement pollution control programs. In California, the authority is delegated to the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCBs).
The CWA regulates direct and indirect discharge of pollutants; sets water quality standards for all contaminants in surface waters; and makes it unlawful for any person to discharge any pollutant from a point source into navigable waters unless a permit is obtained under its provisions. The CWA mandates permits for wastewater and stormwater discharges; requires states to establish site-specific water quality standards; and regulates other activities that affect water quality, such as dredging and the filling of wetlands. The CWA also provides loans for the construction of wastewater treatment plants as well as nonpoint source pollution control and estuary protection projects through the Clean Water State Revolving Fund.
Under federal law, the EPA has published water quality regulations under Volume 40 of the Code of Federal Regulations (CFR). Section 303 of the CWA requires states to adopt water quality standards for all surface waters of the United States. As defined by the CWA, water quality standards consist of two elements: (1) designated beneficial uses of the water body in question and (2) criteria that protect the designated uses. Section 304(a) requires the EPA to publish advisory water quality criteria that accurately reflect the latest scientific knowledge on the kind and extent of all effects on health and welfare that may be expected from the presence of pollutants in water. Where multiple uses exist, water quality standards must protect the most sensitive use.
When water quality does not meet CWA standards and compromises designated beneficial uses of a receiving water body, Section 303(d) of the CWA requires that water body be identified and listed as “impaired.” Once a water body has been designated as impaired, a Total Maximum Daily Load (TMDL) must be developed for the impairing pollutant(s). A TMDL is an estimate of the total load of pollutants GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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from point, nonpoint, and natural sources that a water body may receive without exceeding applicable water quality standards, with a factor of safety included. Once established, the TMDL allocates the loads among current and future pollutant sources to the water body.
National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) permit program was established by the CWA to regulate municipal and industrial discharges to surface waters of the United States, including discharges from municipal separate storm sewer systems (MS4s). Federal NPDES permit regulations have been established for broad categories of discharges, including point-source municipal waste discharges and nonpoint-source stormwater runoff. NPDES permits generally identify effluent and receiving water limits on allowable concentrations 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. 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 City of Cupertino, in addition to the cities of Campbell, Los Altos, Milpitas, Monte 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 form the Santa Clara permittees under the MS4 permit Under Provision C.3 of the MS4 Permit, New Development and Redevelopment, the permittees use their planning authorities to include appropriate source control, site design, and storm water treatment measures in new development and redevelopment projects to address both soluble and insoluble storm water runoff pollutant discharges and prevent increases in runoff flows from new development and redevelopment projects. The goal is to be accomplished primarily through the implementation of low impact development (LID) techniques. In addition, new development or redevelopment projects that create or replace one acre or more of impervious surfaces are required to comply with hydromodification requirements specified in the C.3.g provisions of the MS4 permit. These requirements include implementing stormwater control measures such that post-development stormwater runoff rates and durations must match pre-project runoff rates and durations from 10 percent of the pre-project 2-year peak flow, up to the pre-project 10-year peak flow.
Federal Emergency Management Agency
The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP) to provide subsidized flood insurance to communities that comply with FEMA regulations limiting development in floodplains. FEMA also issues Flood Insurance Rate Maps (FIRMs) that identify which land areas are subject to flooding. These maps provide flood information and identify flood hazard zones in the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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community. The design standard for flood protection is established by FEMA. FEMA’s minimum level of flood protection for new development is the 100-year flood event, also described as a flood that has a 1-in-100 chance of occurring in any given year. Under the proposed Modified Project, new housing could be placed within a 100-year floodplain.
As required by the FEMA regulations, all development constructed within the 100-year floodplain (as delineated on the FIRM) must be elevated so that the lowest floor is at or above the base flood elevation level. Local cities and counties have the authority to require the lowest floor to be at a higher elevation than the FEMA requirements to account for climate change and sea level rise. The term “development” is defined by FEMA as any human-made change to improved or unimproved real estate, including, but not limited to, buildings, other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and storage of equipment or materials. Per these regulations, if development in these areas occurs, a hydrologic and hydraulic analysis must be performed prior to the start of development and must demonstrate that the development does not cause any rise in base flood elevation levels. Following completion of any development that changes existing 100-year floodplain boundaries, the NFIP directs all participating communities to submit the appropriate hydrologic and hydraulic data to FEMA for a FIRM revision as soon as practicable, but not later than six months after such data become available.
State Regulations
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seq.) is the basic water quality control law for California. This act established the SWRCB and divided the state into nine regional basins, each under the jurisdiction of a RWQCB. The SWRCB is the primary state agency responsible for the protection of California’s water quality and groundwater supplies. The RWQCBs carry out the regulation, protection, and administration of water quality in each region. Each regional board is required to adopt a water quality control plan or basin plan that recognizes and reflects the regional differences in existing water quality, the beneficial uses of the region’s ground and surface water, and local water quality conditions and problems. As described previously, the City of Cupertino is within the jurisdiction of the San Francisco Bay RWQCB (Region 2).
The Porter-Cologne Act also authorizes the SWRCB and RWQCBs to issue and enforce WDRs, NPDES permits, Section 401 water quality certifications, or other approvals. Other State agencies with jurisdiction over water quality regulation in California include the SWRCB’s Division of Drinking Water, which regulates public drinking water systems; the California Department of Fish and Wildlife, which regulates projects that could impact streams and rivers; and the Department of Toxic Substances Control, which oversees cleanup of hazardous waste on contaminated properties.
State Water Resources Control Board
The SWRCB has broad authority over water quality control issues in California. The SWRCB is responsible for developing statewide water quality policy and exercises the powers delegated to the State by the federal government under the CWA. It also regulates public drinking water systems, NPDES wastewater GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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discharges, water quality monitoring, water recycling programs, landfill disposal, water rights, and implements drought restrictions.
Regional authority for planning, permitting, and enforcement is delegated to the nine RWQCBs. Regional boundaries are based on watersheds and water quality requirements are based on the unique differences in climate, topography, geology, and hydrology for each watershed. Each RWQCB makes water quality decisions for its region, including setting standards, issuing waste discharge requirements, determining compliance with these requirements, and taking appropriate enforcement actions. The regional boards are required to formulate and adopt water quality control plans for all areas in the region and establish water quality objectives in the plans. The City of Cupertino is within the jurisdiction of the San Francisco Bay RWQCB (Region 2), which regulates surface water and groundwater quality in the watershed that encompasses all or part of the following counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma.
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 .
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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 trash- generation 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. 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. 1 Sustainable Groundwater Management Act of 2014
In the midst of a major drought in 2014, a three-bill legislative package consisting of Assembly Bill (AB) 1739, Senate Bill (SB) 1168, and SB 1319, collectively known as the Sustainable Groundwater Management Act (SGMA), was signed into law on September 16, 2014.2 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, in groundwater basins that are designated as medium and high priority, local public agencies and groundwater sustainability agencies (GSAs) must assess conditions in their local groundwater basins and then prepare groundwater sustainability plans (GSPs).
Water Conservation in Landscaping Act of 2006
The Water Conservation in Landscaping Act includes the State of California’s Model Water Efficient Landscape Ordinance (MWELO), which requires cities and counties to adopt landscape water conservation ordinances. 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. State law requires all land use agencies, which includes cities and counties, to adopt a WELO that is at least as efficient as the MWELO prepared by DWR.
1 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. 2 Department of Water Resources, 2024, Sustainable Groundwater Management Act (SGMA), https://water.ca.gov/programs/groundwater-management/sgma-groundwater-management, accessed January 12, 2024.
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The 2015 revisions to the MWELO improve water savings in the landscaping sector by promoting efficient landscapes in new developments and retrofitted landscapes. The revisions increase 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.
New development projects that include landscape areas of 500 square feet or more are subject to these requirements and also rehabilitated landscape projects with an area equal to or greater than 2,500 square feet. This applies to residential, commercial, industrial, and institutional projects that require a permit, plan check, or design review.
3 The City of Cupertino has adopted its own Landscape Ordinance, Chapter
14.15 of the Municipal Code, that complies with and is more stringent than the MWELO.
California Department of Fish and Wildlife (CDFW)
The CDFW protects streams, water bodies, and riparian corridors through the streambed alteration agreement process under Sections 1600 to 1616 of the California Fish and Game Code. The Fish and Game Code stipulates that it is “unlawful to substantially divert or obstruct the natural flow or substantially change the bed, channel or bank of any river, stream or lake” without notifying the CDFW , incorporating necessary mitigation, and obtaining a streambed alteration agreement. CDFW’s jurisdiction extends to the top of banks and often includes the outer edge of riparian vegetation.
Regional Regulations
San Francisco Bay Regional Water Quality Control Board
As stated previously, the City of Cupertino is within the jurisdiction of the San Francisco Bay RWQCB (Region 2). The San Francisco Bay RWQCB addresses region-wide water quality issues through the creation and triennial update of the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan was adopted in 1993 and most recently amended in 2023. The Basin Plan designates beneficial uses, establishes water quality objectives, and contains implementation programs and policies to achieve those objectives for all waters designated in the Basin Plan.4 The San Francisco Bay RWQCB also administers the MS4 permit for Santa Clara County and the municipalities within the county, including the City of Cupertino.
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 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 non-stormwater discharge; and (3) minimize the rate
3 California Code of Regulations, Title 23, Division 2, Chapter 2.7, Section 490.1, Applicability. 4 San Francisco Bay Regional Water Quality Control Board, 2024, Water Quality Control Plan (Basin Plan) for the San Francisco Bay Basin, https://www.waterboards.ca.gov/sanfranciscobay/basin_planning.html, accessed January 11, 2024.
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and volume of stormwater runoff under post-development 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.
In order 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 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, groundwater management, operates three water treatment plants and a recycled water purification center, manages ten dams and water reservoirs and 400 acres of groundwater recharge ponds, and provides flood protection along the creeks and rivers in the county.
The Safe, Clean Water and Natural Flood Protection Program was first approved by voters in Santa Clara County in 2000 and renewed in November 2020 and creates a countywide special parcel tax to fund projects that deliver safe, clean water, natural flood protection, and environmental stewardship to all communities within the county. The six priorities are to:
5 Ensure a safe, reliable water supply
Reduce toxins, hazard, and contaminants in our waterways Protect our water supply and dams from earthquakes and other natural disasters Restore wildlife habitat and provide open space
Provide flood protection to homes, businesses, schools, streets, and highways Support public health and public safety for our community.
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-clean- water-and-natural-flood-protection-program, accessed January 11, 2024.
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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.
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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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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.
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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.
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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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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.
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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 off- stream 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.
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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.
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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.
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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 flood- GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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.
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 flooding. Like the Approved Project, the following existing General Plan 2040 policies and strategies, in addition to those listed in the previous impact discussion, and updated policies and strategies as part of GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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 C G P, t h e 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 “in- lieu” 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.
Significance without Mitigation: 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.
Significance without Mitigation: Less than significant.
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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.
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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.
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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.
Significance without Mitigation: Less than significant.
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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.
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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.
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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 L eq) 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-impact- assessment-manual-fta-report-no-0123_0.pdf.
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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 Day- Night 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 L
dn 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.
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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.
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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 sound- rated 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.
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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-and- vibration-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-impact- assessment-manual-fta-report-no-0123_0.pdf.
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PLACEWORKS 4.11-9
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 L eq 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 L dn 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 L dn, 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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CITY OF CUPERTINO
NOISE
4.11-10 APRIL 2024
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 [L
eq(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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CITY OF CUPERTINO
NOISE
4.11-12 APRIL 2024
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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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 I-
280 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 I-
280 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 I-
280 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.
Sources: ECORP Consulting, Inc. ESRI, Maxar (2022), TIGER, Butte County. 0 Scale (Miles)
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 L dn. 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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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PLACEWORKS 4.11-23
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 L max 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.
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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NOISE
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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.
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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PLACEWORKS 4.11-25
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. Transportation- source noise levels were calculated for this EA using the FHWA Highway Noise Prediction Model (FHWA- RD-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
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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PLACEWORKS 4.11-27
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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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NOISE
4.11-28 APRIL 2024
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.
Sources: ECORP Consulting, Inc. ESRI, Maxar (2022), TIGER, Butte County. 0 Scale (Miles)
1.5 Figure 4.11-2
Future Traffic Noise Contours
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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NOISE
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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.
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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NOISE
PLACEWORKS 4.11-31
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-manual- fta-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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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4.11-32 APRIL 2024
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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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NOISE
PLACEWORKS 4.11-33
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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4.11-34 APRIL 2024
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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NOISE
PLACEWORKS 4.11-35
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.
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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 households
1 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.
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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.
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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.
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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).
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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:
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)
Policy LU-1.6. Jobs/Housing Balance. Strive for a more balanced ratio of jobs and housing units. (General Plan Policy 2-22)
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 pedestrian oriented activity and design are highly encouraged, such as Heart of the City, North De Anza Boulevard, Monta Vista Village and neighborhood centers. (General Plan EIR Policy 2-35) Policy LU- 5.3. Enhance Connections. Look for opportunities to enhance publicly- accessible pedestrian and bicycle connections with new development or redevelopment.
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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 multi- family 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, GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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 residential- serving 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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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.
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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 plan- checked 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).
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 fire protection services.
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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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/wp- content/uploads/2024/03/2023.3.18_SCCFD_Annual-Report_FINAL-WEB.pdf, accessed on April 9, 2024.
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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 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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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.