Mitigation Fee Act (California Government Code 66000-66008) Assembly Bill (AB) 1600, the Mitigation Fee Act, requires a local agency establishing, increasing, or imposing an impact fee as a condition of development to identify the purpose of the fee and the use to which the fee is to be put.
7 The agency must also demonstrate a reasonable relationship between the fee and the purpose for which it is charged, and between the fee and the type of development project on which it is to be levied. This act became enforceable on January 1, 1989.
The Mello-Roos Communities Facilities Act of 1982
The Mello-Roos Community Facilities Act, Government Code Section 53311 et seq., provides an alternative method of financing certain public capital facilities and services through special taxes. This law empowers local agencies to establish Community Facilities Districts (CFDs) to levy special taxes for facilities such as public schools.
Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Housing (HE), and Recreation, Parks and Community Service (RPC) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to schools. Applicable policies and strategies that would minimize potential adverse impacts to schools are identified in Section 4.13.3.3, Impact Discussion.
7 California Legislative Information, California Law, Code Section Group, Government Code Sections 66000-66008, https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=5.&article= accessed on April 8, 2020.
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Municipal Code
The Cupertino Municipal Code (CMC) includes various directives pertaining to schools. The provisions related to schools are in Chapter 18.16, Subdivision Maps, and Chapter 18.24, Dedications and Reservations.
Section 18.16.030, Department of Community Development Action. This section describes the procedure that the Department of Community Action will take to update affected public agencies about the potential subdivision in the area. Within five days of the tentative map application being deemed complete, the Department of Community Action will send a notice to school districts within the boundaries of which the subdivision is proposed to be located. Within fifteen days of receiving the notice the school district may make recommendations to the City regarding the effects of the proposed subdivision upon the school district. If the school district fails to respond within fifteen days, the failure to respond shall be deemed approval of the proposed subdivision by the school district. Article III, School Site Dedication. As a condition of approval of a final subdivision map, a subdivider may need to designate land in the subdivision to the local school district so that a school can be constructed for adequate elementary school service.
Section 18.24.190, Standards for Reservation of Land. This section outlines that when a subdivision is built, certain sites of the subdivision may be required to be reserved by the city for community facilities, such as a school.
Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addresses the impacts to schools associated with buildout of General Plan 2040 at a program level. The setting for schools is described in General Plan EIR Section 4.12.3.1, Existing Conditions. The three school districts described in the General Plan EIR remain the districts serving Cupertino. Table 4.13-1, Current Capacity and Enrollment for the CUSD, shows the current (data from 2022-2023) enrollment and capacity for the Cupertino Unified School District (CUSD) schools.
TABLE 4.13-1 CURRENT CAPACITY AND ENROLLMENT FOR THE CUSD Schools Capacity
Current
Enrollment
Capacity
Difference
Collins Elementary School 598 473 125
Eaton Elementary School 598 470 128
Faria Elementary School 574 632 -58
Garden Gate Elementary School 598 517 81
Lincoln Elementary School 455 665 -210
Regnart Elementary School 407 0 Closed
Sedwick Elementary School 455 367 88
Stevens Creek Elementary School 574 389 185
Other Elementary Schools in CUSD not located in Cupertino 7,155 5,219 439 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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TABLE 4.13-1 CURRENT CAPACITY AND ENROLLMENT FOR THE CUSD Schools Capacity
Current
Enrollment
Capacity
Difference
Elementary Schools Total 11,414 8,732 2,680
Cupertino Middle School 1,235 1,099 136
Hyde Middle School 672 778 -106
Kennedy Middle School 954 930 20
Lawson Middle School 1,105 816 289
Other Middle Schools in CUSD not located in Cupertino 932 1,078 -146 Middle Schools Total 4,898 4,701 197
Source: Cupertino Union School District. July 2023.
Since the certification of the EIR, Regnart Elementary School has closed, and most schools have enrollment under capacity based on the 2022-2023 enrollment. Table 4.13-2, Current Capacity and Enrollment for the FUHSD, shows the current (data from 2022-2023) enrollment and capacity for the Fremont Union High School District (FUHSD) schools.
TABLE 4.13-2 CURRENT CAPACITY AND ENROLLMENT FOR THE FUHSD Schools Capacity
Current
Enrollment
Capacity
Difference
Cupertino High School 2,168 1,997 171
Fremont High School 2,142 2,171 -29
Homestead High School 2,357 2,311 46
Lynbrook High School 1,819 1,741 78
Monta Vista High School 2,410 1,751 659
Other N/A 49 N/A
District Total 10,634 10,019 615
Source: California Department of Education. July 2023.
The only school above capacity for the 2022-2023 school year in FUHSD is Fremont High School and the district total is far below capacity. Santa Clara Unified School District has 13,919 students enrolled in the 2022-2023 school year.8 This is less than described in the General Plan EIR. All three districts show that total enrollment has decreased since the certification of the General plan EIR.
8 California Department of Education, cde.ca.gov, 2022-2023 Enrollment by Grade, Santa Clara Unified Report, accessed July 14, 2023.
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STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant impact to public schools if it would:
Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
PS-5. Result in the need for new or physically altered public school facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios or other performance objectives?
LTS LTS
PS-6. Result in significant cumulatively considerable impact with respect to public school services? LTS LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
IMPACT DISCUSSION
PS-5 Implementation of the proposed Modified Project would not result in the need for new or physically altered school facilities, the construction of which could cause significant environmental impacts to maintain acceptable service ratios or other performance objectives.
As described in the General Plan EIR, the California State Legislature, under Senate Bill 50 (SB 50), has determined that payment of school impact fees shall be deemed to provide full and complete school facilities mitigation. All new developments under implementation of the Approved Project will be required to pay the school impact fees adopted by each school district, and this requirement is considered to fully mitigate the impacts of the Approved Project on school facilities. The General Plan EIR concluded that with the new housing units CUSD would experience an additional 1,105 students in elementary schools and 309 students in middle school, FUHSD would experience an increase of 309 students, and SCUSD would experience an increase of 220 students (132 elementary schools and 44 students for middle schools and high schools) by 2040. These districts would need to expand existing facilities or construct new ones as student enrollment was already exceeding capacity.
Since the certification of the EIR, enrollment across all districts has decreased, thus there is capacity for the added students from the implementation of the proposed Modified Project. Additionally, like under the Approved Project, SB 50 would continue to require the payment of school impact fees to mitigate the impacts on school facilities from future potential developments under the proposed Modified Project.
The General Plan EIR also found that the Land Use and Community Design (LU), Housing (HE), and Recreation, Parks and Community Service (RPC) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on school resources. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize need for new or physically altered school facilities:
Policy HE-7.1. Coordination with Local School Districts. The Cupertino community places a high value on the excellent quality of education provided by the three public school districts that serve residents.
To ensure the long-term sustainability of the schools, teachers, and faculty, in tandem with the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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preservation and development of vibrant residential areas, the City will continue to coordinate with the Cupertino Union School District (CUSD), Fremont Union High School District (FUHSD), and Santa Clara Unified School District (SCUSD).
Strategy HE-7.3.2. Coordination with Local School Districts. To ensure the long-term sustainability of public schools, teachers, and faculty, in tandem with the preservation and development of vibrant residential areas, the City will coordinate biennially with the local school districts and colleges to identify housing needs and concerns. The City will discuss potential partnerships for affordable housing developments for school district employees and college students, including on school district properties, which could be assisting with grant applications, incentives, and other incentives listed in Strategy HE-1.3.11.
Policy LU-1.6. Jobs/Housing Balance. Strive for a more balanced ratio of jobs and housing units. (General Plan EIR Policy 2-22)
Policy LU-11.1. Connectivity. Create pedestrian and bicycle access between new developments and community facilities. Review existing neighborhood circulation to improve safety and access for students to walk and bike to schools, parks, and community facilities such as the library. (General Plan EIR Policy 2-7)
Policy RPC- 8.1. School Districts. Partner with school districts to allow community use of their sports fields and facilities. (General Plan EIR Policy 2-61)
Strategy RPC- 8.1.1. Shared Facilities. Maintain and enhance arrangements with schools for the use of sports fields, theaters, meeting spaces and other facilities through maintenance agreements and other partnerships. (General Plan EIR Policy 2-93)
Strategy RPC- 8.1.2. School Expansion. Encourage schools to meet their expansion needs without reducing the size of their sports fields. (General Plan EIR Policy 2-93) As with the development assessed in the General Plan EIR, development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations and the fact that most schools have not reached enrollment capacity for the 2022-2023 school year, as shown in Tables 4.13-1 and 4.13-2, overall impacts from adoption and implementation of the proposed Modified Project would not result in need for new or physically altered school facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
PS-6 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to public school services.
The General Plan EIR concluded that regional growth resulting from past, present, and reasonably foreseeable projects would result in increased demand for additional school facilities within all three school districts serving Cupertino. Almost all schools in Cupertino experience capacity deficits, and additional student enrollment would exacerbate the current capacity issue. The schools are expected to GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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receive development impact fees from other developments outside of Cupertino, which would mitigate the current and future capacity issues, and would help expand their facilities to accommodate future students.
The proposed Modified Project would contribute to regional growth and result in increased student enrollment and demand on the public school districts. Based on the 2022-2023 school year there is room at most schools to accommodate this expected increase in enrollment. Based on these considerations, the proposed Modified Project would not result in a cumulatively considerable contribution impact related to the construction of other schools beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
4.13.4 LIBRARIES
ENVIRONMENTAL SETTING
Regulatory Framework
State Regulations
The Mello-Roos Communities Facilities Act of 1982
The Mello-Roos Community Facilities Act, Government Code Section 53311 et seq., provides an alternative method of financing certain public capital facilities and services through special taxes. This State law empowers local agencies to establish CFDs to levy special taxes for facilities such as libraries.
Regional Regulations
Santa Clara County Library District Strategic Plan, 2023-2028 The Santa Clara County Library District’s (SCCLD) 2023-2028 Strategic Plan sets forth goals and objectives for a 5-year horizon. The goals and objectives identify ways to improve the libraries existing services by providing customer-focused service, looking into partnerships across the library’s district, creating a districtwide literacy program plan, and enhancing technology.9 Local Regulations
General Plan 2040
The Recreation, Parks and Community Service (RPC) Element of the General Plan 2040 contains goals, policies, and strategies that require local planning and development decisions to consider impacts to libraries. Applicable policies and strategies that would minimize potential adverse impacts to libraries are identified in Section 4.13.4.3, Impact Discussion.
9 Santa Clara County Library District, 2023, Santa Clara County Library District Strategic Plan, 2023-2028.
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Municipal Code
The Cupertino Municipal Code (CMC) includes various directives pertaining to libraries. Most of the provisions related to libraries are within Chapter 2.68, Library Commission, and Chapter 18.24, Dedications and Reservations.
Chapter 2.68.010, Library Commission. This chapter establishes the Library Commission and identifies the term of office that they will have and the powers that they will be granted in their term. The duties of this position include consulting with the various city groups and the Santa Clara County Library Joint Powers Authority about the functioning, services, and programs of the Cupertino Library. Section 18.24.190, Standards for Reservation of Land. This section outlines that when a subdivision is built, certain sites of the subdivision may be required to be reserved by the city for the purpose of a community facilities element, such as a library.
Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addresses the impacts to library services associated with buildout of the General Plan 2040 at a program level. The setting for libraries is described in General Plan EIR Section 4.12.4.1, Existing Conditions. Cupertino is still in the Santa Clara County Library District as one of the eight libraries in the district. It remains the only public library available in the city. There are 447,541 residents in the library district and 401,497 in-district cardholders.10 The Cupertino Library was expanded in 2021/2022.
STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant public services impact if it would:
Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
PS-7. Result in the need for new or physically altered public libraries, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives.
LTS LTS
PS-8. Result in significant cumulative impacts with respect to the construction of other public libraries. LTS LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
IMPACT DISCUSSION
PS-7 Implementation of the proposed Modified Project would not result in the need for new or physically altered library facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives.
10 Santa Clara Library District, 2023-2028 Strategic Plan, https://player.flipsnack.com/?hash=NkVCQ0NDREQ3NUUrZHo5d2N0bzAydg==, accessed July 20, 2023.
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The General Plan EIR concluded that existing library employees and facilities would be sufficient to accommodate increased demand for library services from implementation of the Approved Project and physical expansion would not be required. The only facility deficiency identified by library staff is a lack of parking; however, communication with library staff has indicated that there is the potential for an expansion of public meeting space with a larger parking lot.11 Implementation of the proposed Modified Project would add an additional 9,737 people to the Study Area. This would potentially add thousands of new members to the Santa Clara Public Library system.
However, General Plan 2040 includes policies that ensure adequate library services are available for the residents of Cupertino and meet the needs of residents of all ages and its diverse population.
The General Plan EIR also found that the Recreation, Parks and Community Service (RPC) Element contains policies that require local planning and development decisions to consider impacts that development could have on library resources. Like the Approved Project, the following existing General Plan 2040 policies and strategy, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize the need for new or physically altered library facilities:
Strategy RPC-1.1.2. Civic Center Master Plan. Prepare a master plan that addresses the needs of the elements in the Civic Center area including City Hall, Community Hall, Library Field, Library programming, function and meeting space and community gathering space and parking needs. Policy RPC- 6.1. Diverse Programs. Ensure that the City continues to offer a wide range of programs to serve diverse populations of all ages and abilities. (General Plan EIR Policy 2-60) Policy RPC-6.4. Library Service. Encourage the library to continue to improve service levels by incorporating new technology and expanding the library collections and services. General Plan EIR Policies 2-58 and 2-60)
As with the development assessed in the General Plan EIR, development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in the need for new or physically altered library facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
11 Personal communications between PlaceWorks and Derek Wolfgram, Deputy County Librarian for Community Libraries, April 4, 2014.
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PS-8 Implementation of t he proposed Modified Project, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to the construction of other library facilities.
The General Plan EIR considered growth projected by the Approved Project in combination with impacts from projected growth in the rest of Santa Clara County and the surrounding region, as forecasted by the Association of Bay Area of Governments (ABAG). Cumulative impacts were considered in the context of the growth from development under the Approved Project combined with the estimated growth in the service areas of the SCCLD, which includes all unincorporated portions of Santa Clara County in addition to the incorporated portions of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, and Saratoga. The Santa Clara County Library Strategic Plan (2008) accounts for the entire SCCLD service area and provides a basis for analyzing the most efficient allocation of funds both for the district as a whole as well as among the different libraries in the SCCLD service area. This and the fact that the increase in service population would occur incrementally over a period of 26 years would ensure the libraries are adequate to fulfill future demand.
Like the Approved Project, the population increase from the proposed Modified Project would occur incrementally. The 2023 Strategic Plan continues to provide an analysis of the most efficient allocation of funds to support their service population. With the General Plan policies in place to ensure all residents have access to public library resources, the proposed Modified Project would not result in significant cumulative impacts due to the construction of other library facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
4.13.5 PARKS AND RECREATION FACILITIES
ENVIRONMENTAL SETTING
Regulatory Framework
State Regulations
The Quimby Act
The 1975 Quimby Act (California Government Code Section 66477) authorizes cities and counties to adopt ordinances requiring developers to set aside land, donate conservation easements, or pay fees for park improvements. Revenues generated through the Quimby Act cannot be used for operation and maintenance of park facilities.
12 A 1982 amendment (AB 1600) requires agencies to clearly show a reasonable relationship between the public need for the recreation facility or parkland and the type of
12 Westrup, Laura, 2002, Quimby Act 101: An Abbreviated Overview, Sacramento: California Department of Parks and Recreation.
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development project upon which the fee is imposed. Cities with a high ratio of park space to inhabitants can set a standard of up to 5 acres per 1,000 persons for new development. Cities with a lower ratio can only require the provision of up to 3 acres of park space per 1,000 persons. The calculation of a city’s park space to population ratio is based on a comparison of the population count of the last federal census to the amount of city-owned parkland.
Mitigation Fee Act
The Mitigation Fee Act allows cities to establish fees that will be imposed on development projects to mitigate the impact on the jurisdiction’s ability to provide specified public facilities to serve proposed development projects. In order to comply with the Mitigation Fee Act, a jurisdiction must follow four requirements: 1) Make certain determinations regarding the purpose and use of a fee and establish a nexus or connection between a development project or class of project and the public improvement being financed with the fee; 2) Segregate fee revenue from the general fund in order to avoid commingling of capital facilities fees and general funds; 3) For fees that have been in the possession of the jurisdiction for five years or more and for which the dollars have not been spent or committed to a project, the jurisdiction must make findings each fiscal year describing the continuing need for the money; and 4) Refund any fees with interest for which the findings noted above cannot be made.
Regional Regulations
Midpeninsula Regional Open Space District
The Midpeninsula Regional Open Space District (MROSD) is a non-enterprise special district that serves parts of Santa Clara, San Mateo, and Santa Cruz counties in order to form a continuous greenbelt of permanently preserved open space by linking public parklands. As a member of Bay Area Open Space Council, the MROSD participates in cooperative efforts, including Bay Trail, Ridge Trail, and Skyline-to-the- Sea Trail, which are regional Bay Area trails running across the District’s jurisdiction. The MROSD’s basic policy document includes goals and policies that relate to open space land preservation and management, inter-agency relationships, and public involvement. Lands under MROSD’s jurisdiction in Cupertino are designed for low-intensity use to give long-term protection from encroaching urbanization. These lands are acquired according to four principal criteria: scenic preservation, preservation of unique sites, the guidance of urban form, and low intensity recreational opportunities. Most of the MROSD parks are located along both sides of State Route 35, which is a north-south route spanning the counties of San Mateo, Santa Cruz, and Santa Clara. The closest MROSD parks to Cupertino are the Fremont Older, Picchetti Ranch, and Rancho San Antonia, which are located just southwest and west of the city limits, respectively.
Santa Clara County Parks and Recreation Department Strategic Plan The Santa Clara County Parks (SCCP) system includes 28 regional parks encompassing over 52,000 acres of land. The 2018 Strategic Plan identifies and prioritizes outdoor recreation values and needs in Santa Clara County. The SCCP operates on a voter-approved measure in which a fixed portion of the property taxes collected are set aside from the General Fund to acquire and develop a regional park system.
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Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Housing (HE), and Recreation, Parks and Community Service (RPC) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to park and recreation. Applicable policies and strategies that would minimize potential adverse impacts to park and recreation facilities are identified in Section
4.13.5.3, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives pertaining to parks and recreation. Most of the provisions that are related to parks and recreation are located within Chapter 2.36, Parks and Recreation Commission, Chapter 13.08, Park Land Dedication Fee, Chapter 18.24, Dedications and Reservations, and Chapter 19, Zoning.
Chapter 2.36, Parks and Recreation Commission. This chapter establishes the parks and recreation commission, outlines the term of office, and the responsibilities that will come with being on the commission. The responsibilities entail holding hearings on matters about planning and development of parks, cultural activities, historical resources, recreation, community services, and capital expenditures related to community activities and facilities. After these hearings, findings are reported to the City Council.
Chapter 13.08, Park Land Dedication Fee. This chapter regulates the fees that need to be paid in lieu of park land dedication in accordance with the Recreation, Parks, and Community Service Element of the adopted General Plan.
Section 18.24.190, Standards for Reservation of Land. This section outlines when a subdivision is built, certain sites of the subdivision may be required to be reserved by the city for the purpose of a community facilities element, such as a park.
Chapter 19.92, Parks and Recreation (PR) Zones. This chapter establishes the parks and recreation zone, its purpose, and the permitted uses in these areas.
Parks and Recreation System Master Plan
Adopted in 2020, the citywide Parks and Recreation System Master Plan guides future development, renovation, management, and programming of Cupertino’s parks and recreation facilities. The goals of the plan are to increase opportunities to connect with nature, expand trails and connectivity, and enhance parks and recreation access. The Master Plan provides direction for the City and Parks and Recreation Department and improves and enhances parks and recreation through the horizon year of 2040.
McClellan Ranch Master Plan
Updated in 2012, this plan looked into capital improvement projects at McClellan Ranch Park in order to create a prioritized list that will inform decision making in the years to come. The goals of this plan are to foster stewardship of the earth by providing environmental education, leadership, and resources; protect GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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and preserve for the people of Cupertino the natural habitat and rural property; and utilize this rare riparian environment for enjoyment and study.
Existing Conditions
Chapter 4.12, Public Services and Recreation, of the General Plan EIR, addressed the impacts to parks and recreation facilities and services associated with buildout of the General Plan 2040 at a program level. The setting for Public Services as it relates to parks and recreation facilities is described in General Plan EIR Section 4.12.5.1, Existing Conditions. Since the certification of the EIR, there have been an additional 16 public parks created in Cupertino, most notably: Blackberry Farm at 21979 Fernando Avenue, a 38-acre open space with an onsite café, two pools open May through September, a playground, horseshow courts, sand volleyball and bocce ball courts, and a large picnic area adjacent to Stevens Creek Trail and Franco Park at 10981 Franco Court, a 0.61-acre neighborhood park with picnic tables and a playground.
STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant public services impact if it would:
Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
PS-9. Result in the need for new or physically altered park facilities or other recreational facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, or other performance objectives?
LTS LTS
PS-10. Increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur, or be accelerated?
LTS LTS
PS-11. Result in significant cumulative impacts with respect to parks? LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
IMPACT DISCUSSION
PS-9 Implementation of the proposed Modified Project would not result in the need for new or physically altered park facilities or other recreational facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, or other performance objectives.
For both the Approved Project and the proposed Modified Project, the City has an adopted parkland dedication standard of three acres of parkland for every 1,000 residents.
The General Plan EIR found that there was a total of approximately 156 acres of parkland in Cupertino, or approximately 2.7 acres per 1,000 residents, based on a population of 58,302 (at the time the General Plan EIR was drafted). The General Plan EIR acknowledges that the City does not meet its adopted standard of providing three acres of parkland per 1,000 residents. Because the Approved Project included a projected growth of 12,998 residents over 26 years, an increase in demand for existing parklands and GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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recreation facilities would occur. In order to meet the city standard, 39 acres of new parkland would need to be created. The General Plan EIR concluded that the Approved Project would require the construction of new or expanded recreation facilities however it is not known at what time or location such facilities would be required or what the exact nature of those facilities would be. Thus, it cannot be determined what project-specific environmental impacts would occur from their construction and operation of the new parks. Additionally, such impacts would be project-specific, and would require permitting and review in accordance with CEQA, as necessary, which would ensure that any environmental impacts are disclosed and mitigated to the extent possible.
Since the certification of the General Plan EIR, the City has developed the Regnart Creek Trail (approximately 1.5 acres) which connects the eastern part of the city in an east-west direction, along Regnart Creek in the City Center Special Area and the South Blaney neighborhood. In addition, the City has acquired the 1.56 acre Linda Vista trail in the western part of the city in the South Monta Vista neighborhood, and completed acquisition of the 7.8 acre Lawrence Mitty Park in the Rancho Rinconada neighborhood, which is in the design phase and is anticipated to be completed in the next 5 years. Finally, the City is in the process of designing the 3 mile long (approximately 4.36 acres) Tamien Innu (trail) along the Junipero-Serra channel on Santa Clara Valley Water District property, which would connect the Garden Gate neighborhood on the west to Main Street in the east, which abuts the Rancho Rinconada neighborhood. This additional parkland would increase the total parkland in Cupertino to approximately 171 acres, but in order to meet the city standard, approximately 24 additional acres of parkland would need to be created.
Implementation of the proposed Modified Project would add an additional 9,737 residents to the City’s projected growth projections. To meet the standard set by the City of three acres of parkland for every 1,000 residents, an additional 9.7 acres of parkland would need to be included during implementation of the proposed Modified Project, for a total need of 33.48 acres of parkland. As with the Approved Project, the location and exact nature of the future facilities is unknown, so environmental impacts from their construction and operation cannot be determined within this EA.
The General Plan EIR also found that the Housing (HE) and Recreation, Parks and Community Service (RPC) Elements contain policies that require local planning and development decisions to consider impacts that development could have on park facilities or other recreational facilities. Like the Approved Project, the following existing General Plan 2040 policies and strategy, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize the need for new or physically altered park facilities or other recreational facilities:
Strategy HE-2.3.9. Review Impact Fees. To ensure that impact fees are not a constraint on the development of housing,
Review and revise impact fees by researching surrounding jurisdictions to determine other possible fee structures, grant funding opportunities and similar funding sources, review of average persons per unit at higher densities of development and will consider:
Alternatives, such as privately owned, publicly accessible (POPA) areas, or allowing parkland credit for pedestrian connections and trails.
Incorporating priority processing, granting fee waivers or deferrals for 100 percent affordable projects, and modifying development standards.
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Strategy HE-3.3.5. Park Land Ordinance. The City will review and revise its Park Land Ordinance to reduce any potential constraints on residential development while maintaining access to quality open space. The City will review requirements for higher-density projects and evaluate the possibility of open space credits.
Policy RPC-1.2. Parkland Standards. Continue to implement a parkland acquisition and implementation program that provides a minimum of three acres per 1,000 residents. (General Plan EIR Policy 2-83)
Policy RPC- 2.4. Connectivity and Access. Ensure that each home is within a half-mile walk of a neighborhood park or community park with neighborhood facilities; ensure that walking and biking routes are reasonably free of physical barriers, including streets with heavy traffic; provide pedestrian links between parks, wherever possible; and provide adequate directional and site signage to identify public parks. (General Plan EIR Policy 2-84)
As with the development under the Approved Project, potential future development, like future park and recreation facilities under the proposed Modified Project, would be required to comply with applicable laws, policies, and design standards. Further, CMC Chapter 14.05, Park Maintenance Fee, requires developers to pay impact fees to maintain existing parks and recreation facilities and Chapter 18.24, Dedications and Reservations, requires residential developments to dedicate parklands or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands.
Therefore, the proposed Modified Project would increase population and thus the required acreage of parks and recreation facilities. However, the General Plan policies in place and future development having to comply with the CMC regulations would help the City meet its target of three acres per 1,000 residents.
Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts from new or physically altered park facilities or other recreational facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
PS-10 Implementation of the proposed Modified Project would not increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur, or be accelerated.
The General Plan EIR concluded that there was a total of approximately 156 acres of parkland in Cupertino, or approximately 2.7 acres per 1,000 residents, based on a population of 58,302 (at the time the General Plan EIR was drafted). The Approved Project would bring as many as 12,998 new residents to the City by 2040; therefore, increasing use of existing parkland, which could accelerate the physical deterioration of existing facilities. However, future development would comply with CMC Chapter 14.05, Park Maintenance Fee, that requires developers to pay impact fees to maintain existing parks and recreation facilities and Chapter 18.24, Dedications and Reservations, that requires residential developments to dedicate parklands or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands. This would ensure that potential future development provides its fair-share of parks GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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since the Approved Project would increase population, and subsequently the demand on parks and recreation facilities throughout Cupertino.
Like the Approved Project, implementation of the proposed Modified Project would result in an increase in population and therefore the use of existing neighborhood and regional parks or other recreational facilities. Potential future development under the implementation of the proposed Modified Project would be required to comply with the CMC chapters referenced previously that would support the City in maintaining and creating new neighborhood and regional parks or other recreational facilities.
Additionally, along with the General Plan 2040 policies listed in Impact Discussion PS-9, the General Plan EIR also found that the Land Use and Community Design Element and the Recreation, Parks and Community Service (RPC) Element contains policies and strategies that require local planning and development decisions to consider impacts that development could have on park or other recreational facilities. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize substantial physical deterioration of park or other recreational facilities:
Policy LU-7.1. Public Art. Stimulate opportunities for the arts through development and cooperation with agencies and the business community. (General Plan EIR Policy 2-75) Policy RPC- 1.1. Parks and Recreation Master Plan. Prepare a citywide Parks and Recreation Master Plan that outlines policies and strategies to plan for the communities open space and recreational needs. (General Plan EIR Policy 2-78)
Strategy RPC- 1.1.1. Stevens Creek Corridor Master Plan. Prepare a master plan for the park and open space corridor along Stevens Creek including McClellan Ranch, McClellan Ranch West, Blackberry Farm, the Blackberry Farm golf course, Stocklmeir and Blesch properties and the Nathan Hall Tank House area. The plan should address a fiscally sustainable strategy that allows year-round community use of the park system, while preserving the area’s natural resources and addressing neighborhood issues including connectivity and buffers. (General Plan EIR Policy 2-78) Strategy RPC- 2.5.1. Special Needs. Extend recreational opportunities for special needs groups (seniors, disabled, visually challenged, etc.) by making improvements to existing facilities and trails. (General Plan EIR Policy 2-79)
Policy RPC- 5.1. Open Space and Trail Linkages. Dedicate or acquire open space land along creeks and utility through regional cooperation, grants and private development review. (General Plan EIR Policy 2-82)
As with the development under the Approved Project, potential future development, like future park and recreation facilities under the proposed Modified Project, would be required to comply with applicable laws, policies, and design standards. Further, CMC Chapter 14.05, Park Maintenance Fee, requires developers to pay impact fees to maintain existing parks and recreation facilities and Chapter 18.24, Dedications and Reservations, requires residential developments to dedicate parklands or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands.
Therefore, the proposed Modified Project would increase population and thus the use of parks and recreation facilities. However, the General Plan policies in place and future development having to comply with the CMC regulations would help the City update and improve park and recreation facilities. Based on GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts from use of existing neighborhood and regional parks or other recreational facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
PS-11 Implementation of t he proposed Modified Project, in combination with past, present and reasonably foreseeable projects, would/would not result in significant cumulative impacts with respect to parks.
The EIR considered growth projected by the Approved Project within the Study Area in combination with impacts from projected growth in the rest of Santa Clara County and the surrounding region, as forecasted by the Association of Bay Area of Governments (ABAG). The geographic scope for this discussion includes park and recreation facilities within the Study Area, as well as Santa Clara County, and the Midpeninsula Regional Open Space District. Although buildout would cumulatively increase demand for park and recreation facilities, as described in General Plan EIR Impact Discussion PS-9 and PS-10, the City would require subdivision development to fund park improvements and dedicate land through compliance with CMC Chapter 14.05 and Title 18, which would help to ensure the provision of adequate parklands in compliance with the City standard of providing three acres per 1,000 residents. Further, potential future impacts to Santa Clara County and Midpeninsula Regional Open Space District parks would be mitigated through the contribution of property taxes to ensure facilities at these locations are adequately maintained and sufficient to accommodate growth associated with implementation of the Approved Project.
Like the Approved Project, the proposed Modified Project would further increase population and the demand for parks and recreation facilities. Yet, like the conclusion in the General Plan EIR, compliance with CMC Chapter 14.05 and Title 18 would help to ensure the provision of adequate parklands in compliance with the City standard providing three acres per 1,000 residents. Additionally, General Plan 2040 policies and strategies listed in Impact Discussions PS-9 and PS-10 would ensure park space is maintained and adequate for the residents of Cupertino and the surrounding area. Overall, the proposed Modified Project would not result in significant cumulative impacts due to the park or recreational facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
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4.14 TRANSPORTATION
This chapter describes the potential impacts to transportation associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework and existing conditions, identifies criteria used to determine impact significance, provides an analysis of the potential transportation impacts, and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.
4.14.1 ENVIRONMENTAL SETTING
TERMINOLOGY
The following are definitions for terms used in this chapter:
Vehicle Miles Traveled (VMT). A measure of network use or efficiency that accounts for the number of daily vehicle trips generated, times the length or distance of those trips. VMT is generally expressed as VMT per capita for a typical weekday.
Greenhouse gases (GHG). Gases in the atmosphere that absorb infrared light, thereby retaining heat in the atmosphere and contributing to a greenhouse effect.
REGULATORY FRAMEWORK
Federal Regulations
Applicable federal regulations pertaining to transportation are addressed in other chapters of this EIR, including Chapter 4.2, Air Quality; Chapter 4.7, Greenhouse Gas Emissions; and Chapter 4.8, Hazards and Hazardous Materials. The federal Clean Air Act, the Fixing America’s Surface Transportation Act, and the Americans with Disabilities Act may have some relevance or influence for individual projects or actions as part of potential future projects in the Study Area. Additionally, the Federal Highway Administration (FHWA) is the agency of the United States Department of Transportation (USDOT) responsible for the federally funded roadway system, including the interstate highway network and portions of the primary state highway network, Interstate (I-) 280 and State Route (SR-) 85.
State Regulations
Senate Bill 743
With the passage of Senate Bill (SB) 743 in September 2013, which was codified in Public Resources Code Section 21099, and the subsequent adoption of revised California Environmental Quality Act (CEQA) Guidelines in December 2018, level of service, also referred to as LOS, can no longer be used as a criterion for identifying significant transportation impacts for most projects under CEQA. Level of service is the measure of the average amount of delay experienced by vehicle drivers at an intersection or along a road segment during the most congested time of day, while the new CEQA metric (VMT) measures the total number of daily miles traveled by vehicles on the roadway network and thereby the impacts on the environment from those miles traveled. Level of service is a measure of local vehicle congestion at an GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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intersection or on a road segment, and VMT is a measure of the total miles of vehicles travel measured at an area-wide or project-level scale. In other words, SB 743 changed the focus of transportation impact analysis in CEQA from measuring quality-of-life impacts to drivers, to measuring the physical impacts of driving on the environment.
According to the Governor’s Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA (Technical Advisory),1 land use projects with one or more of the following characteristics would generate lower VMT than conventional development:
Higher land use densities
Mix of project uses
Support of a citywide jobs-housing balance (i.e., provide housing in a job rich area, or vice versa) Proximity to the core of a region
Proximity to high-quality transit service
Located in highly walkable or bikeable areas
This shift in transportation impact criteria is expected to better align transportation impact analysis and mitigation outcomes with the State’s goals to reduce GHG emissions, encourage infill development, and improve public health through more active transportation. Specific to SB 743, CEQA Guidelines Section 15064.3(c) states that, “a lead agency may elect to be governed by the provisions of this section immediately. Beginning on July 1, 2020, the provisions of this section shall apply statewide.” However, CEQA Section 21099(b)(2) states that, “upon certification of the guidelines by the Secretary of the Natural Resources Agency pursuant to this section, automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment pursuant to this division, except in locations specifically identified in the CEQA Guidelines.”
Although the OPR provides recommendations for adopting new VMT analysis guidelines, lead agencies have the final say in designing their methodology. Lead agencies must select their preferred method of estimating and forecasting VMT , their preferred significance thresholds for baseline and cumulative conditions, and the mitigation strategies they consider feasible. Lead agencies must prove that their selected analysis methodology aligns with SB 743’s goals to promote infill development, reduce GHGs, and reduc e VM T.
Sustainable Communities and Climate Protection Act
The Sustainable Communities and Climate Protection Act, commonly referred to by its legislative bill number, Senate Bill 375 (SB 375), provides incentives for cities and developers to bring housing and jobs closer together and to improve public transit. The goal is to reduce the number and length of automobile commuting trips, helping to meet the statewide targets for reducing greenhouse gas emissions set by Assembly Bill (AB) 32.
1 Technical Advisory on Evaluating Transportation Impacts in CEQA, Governor’s Office of Planning and Research, April 2018.
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SB 375 requires each Metropolitan Planning Organization (MPO) to add a broader vision for growth to its transportation plan––called a Sustainable Communities Strategy (SCS). The SCS must lay out a plan to meet the region’s transportation, housing, economic, and environmental needs in a way that enables the area to lower greenhouse gas emissions. The SCS should integrate transportation, land-use, and housing policies to plan for achievement of the emissions target for each region. The Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) Regional Transportation Plan (RTP) and SCS were adopted in 2017 and updated under the title Plan Bay Area 2050 in 2021.2 According to MTC/ABAG, Plan Bay Area 2050+, which is a limited and focused update that builds upon the strong foundation of Plan Bay Area 2050, is currently being prepared.
California Complete Streets Act of 2008
Originally passed in 2008, California’s Complete Streets Act (Assembly Bill 1358) came into effect in 2011 and requires local jurisdictions to plan for land use transportation policies that reflect a “complete streets” approach to mobility. “Complete streets” comprises a suite of policies and street design guidelines that provide for the needs of all road users, including pedestrians, bicyclists, transit operators and riders, children, the elderly, and the disabled. From 2011 onward, any local jurisdiction—county or city—that undertakes a substantive update of the circulation element of its general plan must plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways, (i.e., consider “complete streets” and incorporate corresponding policies and programs).3 California Department of Transportation
The California Department of Transportation (Caltrans) is the primary state agency responsible for transportation issues. One of its duties is the construction and maintenance of the state highway system.
Caltrans approves the planning, design, and construction of improvements for all State-controlled facilities, including I-280 and SR-85, and the associated interchanges for these facilities in the Study Area.
Caltrans has established standards for roadway traffic flow and developed procedures to determine if State-controlled facilities require improvements. For projects that may physically affect facilities under its administration, Caltrans requires encroachment permits before any construction work may be undertaken. For projects that would not physically affect facilities but may influence traffic flow and levels of service at such facilities, Caltrans may recommend measures to mitigate the traffic impacts of such projects.
The following Caltrans procedures and directives are relevant to the proposed Modified Project, particularly to state roadway facilities:
Vehicle Miles Traveled-Focused Transportation Impact Study Guide. The Caltrans Vehicle Miles Traveled-Focused Transportation Impact Study Guide (TISG), dated May 20, 2020, was prepared to provide guidance to Caltrans districts, lead agencies, tribal governments, developers, and consultants regarding Caltrans’ review of VMT impact analysis for land use projects and land use plans. Caltrans
2 Association of Bay Area Governments and Metropolitan Transportation Commission, October 2021, Plan Bay Area 2050, https://www.planbayarea.org/sites/default/files/documents/Plan_Bay_Area_2050_October_2021.pdf, accessed July 21, 2023. 3 California Government Code Section 65302(b)(2)
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seeks to reduce single-occupancy vehicle trips, provide a safe transportation system, reduce per capita VMT, increase accessibility to destinations via cycling, walking, carpooling, and transit, and reduce GHG emissions. The TISG notes that, for land use projects and plans, automobile delay (the level of service metric) is no longer considered a significant impact on the environment under CEQA.
Caltrans’s primary review focus for a land use project’s transportation impact is now VMT. The TISG generally endorses the OPR Technical Advisory, including the thresholds in that document. Caltrans may review VMT thresholds, methodology, and mitigations. Interim Land Development and Intergovernmental Review Safety Review Practitioners Guidance. The Interim Land Development and Intergovernmental Review (LDIGR) Safety Review Practitioners Guidance (July 2020) was developed to provide immediate direction about the safety review while final guidance is being developed. The Interim LDIGR Safety Review Practitioners Guidance does not establish thresholds of significance for determining safety impacts under CEQA. The Interim LDIGR Safety Review Practitioners Guidance states that the significance of impacts should be determined with careful judgment on the part of a public agency and based, to the greatest extent possible, on scientific and factual data consistent with Caltrans’s CEQA guidance in its Standard Environmental Reference. The Interim LDIGR Safety Review Practitioners Guidance states that Caltrans’s traffic safety staff will use available data to determine if the project may influence or contribute to locations identified by traffic safety investigations generated by network screening or initiated by Caltrans.
Deputy Directive 64-RI: Complete Streets—Integrating the Transportation System. This directive requires Caltrans to provide for the needs of travelers of all ages and abilities in all planning, programming, design, construction, operations, and maintenance activities and products on the state highway system. Caltrans supports bicycle, pedestrian, and transit travel with a focus on “complete streets” that begins early in system planning and continues through project construction and maintenance and operations.
Director’s Policy 22. This policy establishes support for balancing transportation needs with community goals. Caltrans seeks to involve and integrate community goals in the planning, design, construction, and maintenance and operations processes, including accommodating the needs of bicyclists and pedestrians. Director’s Policy 22 recognizes that “in towns and cities across California, the State highway may be the only through street or may function as a local street,” that “these communities desire that their main street be an economic, social, and cultural asset as well as provide for the safe and efficient movement of people and goods,” and that “communities want transportation projects to provide opportunities for enhanced non-motorized travel and visual quality.”
4 Director’s Policy 22 acknowledges that addressing these needs will ensure that transportation solutions meet more than just traffic and operational objectives.
Caltrans recognizes four classifications of bicycle facilities. Class I. Commonly referred to as a bike path or bikeway, Class I facilities are separated from automobile traffic for the exclusive use of bicyclists.
4 California Department of Transportation. 2001. “Directors Policy DP-22”, accessed on February 5, 2024 at https://dot.ca.gov/-/media/dot-media/programs/transportation-planning/documents/active-transportation-complete- streets/dp-22-a11y.pdf.
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Class II. Commonly referred to as bike lanes, Class II facilities are dedicated for bicyclists immediately adjacent to automobile traffic.
Class III. Commonly referred to as bike routes, Class III facilities are on-street routes where bicyclists and automobiles share the road.
Class IV. Commonly referred to as cycle tracks or protected bike lanes, Class IV facilities combine elements of Class I and Class II facilities to offer an exclusive bicycle route immediately adjacent to a roadway, similar to a Class II facility, but includes a physical separation from traffic with raised curbs, plastic delineators, or parked automobiles.
Regional Regulations
Plan Bay Area
As described in Chapter 4, Environmental Analysis, of this Draft EA, and previously in this chapter, Plan Bay Area is the RTP/ SCS that works to align transportation and land use planning in order to reduce VMT through modified land use patterns. The current Plan Bay Area projects growth and development patterns through 2050 and a limited a focused update for year 2050+ is currently being prepared.
Bay Area Clean Air Plan
As described in Chapter 4.3, Air Quality, of this EA, the Bay Area Air Quality Management District (BAAQMD) adopted the 2017 Clean Air Plan: Spare the Air, Cool the Climate (Clean Air Plan) on April 19, 2017. The 2017 Clean Air Plan also lays the groundwork for reducing GHG emissions in the Bay Area to meet the state’s 2030 GHG reduction target and 2050 GHG reduction goal. It also includes a vision for the Bay Area in a post carbon year 2050 that encompasses the following:
Walk, bicycle, and use public transit for most trips and use electric-powered autonomous public transit fleets.
Incubate and produce clean energy technologies.
A comprehensive multipollutant control strategy has been developed to be implemented in the next three to five years to address public health and climate change and to set a pathway to achieve the 2050 vision.
The control strategy includes 85 control measures to reduce emissions of ozone, particulate matter, toxic air contaminants, and GHG from a full range of emission sources. These control measures cover eight sectors that contribute to GHG emissions, including transportation. The control strategy includes the following relevant priorities related to the transportation sector:
Decrease demand for fossil fuels (gasoline, diesel, and natural gas). Increase efficiency of the energy and transportation systems. Reduce demand for vehicle travel and high-carbon goods and services. Electrify the transportation and building sectors.
Congestion Management Program
The Santa Clara Valley Transportation Authority (VTA) prepared the 2021 Congestion Management Program (CMP) to reduce traffic congestion and improve land use decision-making and air quality. The GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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CMP monitors the level of service on roadway networks. It requires cities/towns and the county to prepare a Transportation Impact Analysis report that documents the impacts that new developments would have on the CMP Roadway Network, as well as other parts of the transportation system.
Valley Transportation Plan
The Valley Transportation Plan (VTP) is the long-term comprehensive plan developed by VTA that provides policies and programs for transportation in Santa Clara County. VTP 2040, adopted in 2014, identifies programs, projects, and policies the VTA will pursue related to efficiency and mobility, sustainability and growth, connectivity and technology, air quality and energy use, and fiscal sustainability and responsibility.
Local Regulations
General Plan 2040
The Land Use and Community Design (LU), Mobility (M), Environmental Resources and Sustainability, and Health and Safety (HS) Elements, of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider transportation impacts including vehicle miles traveled. The General Plan 2040 policies and strategies that would minimize potential adverse transportation impacts are identified in Section 4.14.3, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse transportation impacts in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to transportation are included in Title 11, Vehicles and Traffic, Title 14, Streets, Sidewalks, and Landscaping, and Title 17, Environmental Regulations, as follows:
Title 11, Vehicles and Traffic. This title establishes regulations with respect to parking, traffic, and circulation. Additionally, Title 11 establishes regulations governing roadway design features, such as speed bumps.
Chapter 14.04, Street Improvements. This chapter requires that any person who proposes to erect, construct, add to, alter, or repair any building or structure, for which a permit is required, adjacent to land of an unimproved street, must install street improvements. These improvements include, but are not limited to, street signs, curbs and gutters, driveways, sidewalks, street paving, and/or dedications and improvements of service roads, and parking facilities. CMC Section 14.04.110, Improvements Installed Prior to Permit–Imposition of Street Improvement Reimbursement Charges, Cost of Land and Interest, requires that when street improvements are made by the City in advance of development of adjacent property, upon development the property owner must reimburse City for all costs advanced. Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental documents required as part of a General Plan update. This chapter includes specific requirements for V M T.
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Section 17.04.040(C), Vehicle Miles Traveled Technical Report Requirements. This section requires that project applicants prepare a vehicle miles traveled (VMT) analysis, which shall include a comparison of existing VMT and project-generated VMT, for review and approval prior to project approval, indicating that the project meets the standards in CMC Section 17.08.040, Vehicle Miles Traveled (VMT) Standards.
Chapter 17.08, Evaluation of Transportation Impacts under the California Environmental Quality Act.
This chapter contains standards relating to the use of VMT in Cupertino for evaluating transportation impacts. As a result of SB 743, the City has implemented the use of VMT in environmental review of new CEQA projects.
A. The VMT significance thresholds for land use projects and plans compared to baseline conditions are:
1. Project Effect: A significant impact would occur if the total project generated VMT per service population for the project would exceed a level of 14.4% below the citywide baseline VMT rate.
2. Project Effect: A significant impact would occur if the project increases total (boundary) countywide VMT compared to baseline conditions.
B. The VMT significance thresholds for land use and transportation projects and plans under cumulative conditions are:
1. Project Effect: A significant impact would occur if the project increases total (boundary) countywide VMT compared to cumulative no project conditions.
2. All land use and transportation projects: A significant impact would occur if the project is inconsistent with the Regional Transportation Plan/Sustainable Community Strategy Plan (Plan Bay Area).
C. The VMT significance thresholds for transportation projects are:
1. Baseline Transportation Thresholds: A significant impact would occur if a project causes a net increase in total (boundary) citywide VMT compared to baseline conditions or opening year no project conditions.
2. Cumulative Transportation Thresholds: A significant impact would occur if a project causes a net increase in total (boundary) citywide VMT compared to cumulative no project conditions.
Cupertino Bicycle Transportation Plan
The City of Cupertino 2016 Bicycle Transportation Plan (2016 Bicycle Plan) is a citywide plan to encourage bicycling as a safe, practical, and healthy alternative to cars. The 2016 Bicycle Plan includes standards for engineering, encouragement, education, and enforcement intended to improve the bicycle infrastructure in the city to enable and encourage people to bike to work and school, to utilize a bicycle to run errands, and to enjoy the health and environmental benefits that bicycling provides cyclists of every age.
Cupertino Pedestrian Transportation Plan
The 2018 City of Cupertino Pedestrian Transportation Plan (2018 Pedestrian Plan) presents goals, policies, and specific recommendations to increase the walkability of Cupertino. The 2018 Pedestrian Plan is a companion document to 2016 Bicycle Plan. It serves as the blueprint for Cupertino to achieve its vision of an inviting, safe, and connected pedestrian network that enhances the quality of life for all community GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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members and to establish a guiding framework for the development and maintenance of pedestrian facilities throughout Cupertino. It includes the following types of specific recommendations to improve pedestrian conditions: pedestrian pathway projects, sidewalk improvement locations, traffic calming projects, proposed intersection improvements, and other pedestrian projects.
EXISTING CONDITIONS
Chapter 4.13, Transportation and Traffic, of the General Plan EIR, addresses the impacts regarding transportation and traffic. The setting for transportation is described in General Plan EIR Section 4.13.4, Existing Conditions and Environmental Setting. The General Plan EIR found that, for vehicular transportation, development under the Approved Project would result in additional trips and cause 16 intersections to have unacceptable levels of service; thus, conflicting with the City’s standards for traffic at that time. Though the City was not able to guarantee improvements, the General Plan EIR included Mitigation Measure TRAF-1 to reduce impacts associated with level of service. As described under subheading “Senate Bill 743” in Section 4.14.1.2, Regulatory Framework, since the certification of the General Plan EIR, the method to analyze transportation impacts has changed and level of service is no longer considered an appropriate metric for evaluating impacts under CEQA. Accordingly, Mitigation Measures TRAF-1 does not apply to the proposed Modified Project and this EA. VMT is now used as a metric to analyze project impacts. VMT measures the total number of daily miles traveled by vehicles on the roadway network and thereby the impacts on the environment from those miles traveled. Though no VMT analysis methodologies, standards, or thresholds of significance was established at the time of the General Plan EIR, VMT calculations were provided in Impact Discussion TRAF-1 in Section 4.13.6, Impact Discussion, of the General Plan EIR. As shown, the VMT per capita was projected to increase from 10.5 (2000 to 2020 General Plan) to 10.9 (Approved Project). However, Fehr & Peers prepared the Transportation Analysis for the Environmental Review (Transportation Analysis) in January 2024, which is included in Appendix E, Transportation Analysis, of this EA. Table 9, Total Project Generated VMT Assessment, of the Transportation Analysis, shows that using current standards and methodology and the City of Cupertino VMT thresholds, existing conditions without the proposed Modified Project, would generate 36.56 VMT per service population (sum of all residents and employees).
4.14.2 STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant transportation impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
TRANS-1. Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? SU LTS TRANS-2. Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? N/A SU TRANS-3. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? LTS LTS TRANS-4. Result in inadequate emergency access? LTS LTS TRANS-5. Result in a cumulatively considerable impact with respect to transportation? SU SU Note: In December 2018 amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines after the certification of the General Plan EIR in 2015. Some of the questions have been added, modified, or removed, while others have been relocated to different chapters of this EA. TRANS- 2, regarding CEQA Guidelines Section 15064.3, subdivision (b) was added.
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable; N/A = not a standard of significance in the General Plan EIR
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4.14.3 IMPACT DISCUSSION
TRANS-1 Implementation of the proposed Modified Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.
As discussed in Section 4.14.1.1, Regulatory Framework, programs, plans, and policies addressing circulation in Study Area include the Complete Streets Act, Plan Bay Area, VTP 2040, 2016 Bike Plan, and 2018 Pedestrian Plan. In general, the overarching goals of these policy documents are to ensure a safe, efficient, and accessible multi-modal transportation network for all users that also reduces VMT to improve air quality and reduce GHG emissions.
Impact Discussion TRAF-5 of the General Plan EIR analyzed impacts related to other modes of transportation (transit, bicycle, and pedestrian) and found that the Approved Project would be consistent with the Complete Streets Act, VTP 2040, Plan Bay Area, 2018 Pedestrian Plan, and 2016 Bicycle Plan.
The General Plan EIR also found that the Land Use and Community Design (LU), Mobility (M), and Environmental Resources and Sustainability (ES) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would directly and indirectly result in improving the transportation network and support an increase in alternate modes of transportation, thus supporting regional goals to reduce VMT and GHG emissions, as well as support programs, plans, ordinances, or policies addressing the circulation system:
Policy LU-1.1. Land Use and Transportation. Focus higher land use intensities and densities within a half-mile of public transit service, and along major corridors. (General Plan EIR Policy 4-7) Policy LU-3.1. Site Planning. Ensure that project sites are planned appropriately to create a network of connected internal streets that improve pedestrian and bicycle access, provide public open space and building layouts that support city goals related to streetscape character for various Planning Areas and corridors. (General Plan EIR Policy 4-4)
Strategy LU-8.3.3. Infrastructure and Streetscape Improvements. Improve infrastructure and streetscape in areas, such as the Crossroads or South Vallco area to encourage redevelopment as a pedestrian-oriented area that meets community design goals. (General Plan EIR Policy 4-12) Strategy LU-12.5.1. County Development. Require development in these areas to comply with Cupertino’s hillside policies of low-intensity residential, agricultural, or open space uses, and to preserve the natural environment through clustering and/or dedication of open space. Visual impacts, access, traffic and other impacts, and service demands shall be assessed in consultation with Cupertino’s goals and policies.
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Policy LU-13.1. Heart of the City Specific Plan. The Heart of the City Specific Plan provides design standards and guidelines for this area, which promote a cohesive, landscaped boulevard that links its distinct sub-areas and is accessible to all modes of transportation. (General Plan EIR Policy 2-26) Policy LU-13.7.4. Traffic Calming. Evaluate options on Stevens Creek Boulevard to improve the pedestrian environment by proactively managing speed limits, enforcement, and traffic signal synchronization.
Strategy LU -19.2.2. Existing Streets. Improve Stevens Creek Boulevard and Wolfe Road to become more bike and pedestrian-friendly with bike lanes, wide sidewalks, street trees, improved pedestrian intersections to accommodate the connects to Ninteen800, Main Street, and the surrounding areas. (General Plan EIR Policy 4-9)
Policy LU-20.2. Streetscape and Connectivity. Future roadway improvements on Wolfe Road, Homestead Road and Tantau Avenue shall be coordinated with planned improvements to improve pedestrian, bike and transit connections. Streetscape improvements will enhance the pedestrian environment with street trees, attractive bus shelters and street furniture. The campus site should provide an attractive landscaped edge along the street. Future improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area. (General Plan EIR Policy 4-12) Policy LU-21.3. Streetscape and Connectivity. North De Anza is envisioned as a walkable, bikeable boulevard with wide sidewalks with street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve school routes from the Garden Gate neighborhood to Lawson school to the east and provide access to transit routes. (General Plan EIR Policy 4-12) Policy LU-21.4. Streetscape and Connectivity. South De Anza is envisioned as a walkable, bikeable boulevard with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Side streets are also envisioned with pedestrian and bicycle improvements to ensure walkable connections from adjacent neighborhoods. (General Plan EIR Policy 4-12) Policy LU-24.2. Streetscape and Connectivity. Bubb Road is envisioned as a walkable, bikeable corridor with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings.
Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve routes from the northern and eastern neighborhood to the tri-school area, parks and services and reduce impacts caused by to school and employment traffic. (General Plan EIR Policy 4-12) Strategy LU-25.4.2. Residential Streets. Residential street improvements may have a semi-rural appearance based on the Municipal Code requirements. Safe routes to school streets, or any others designated by the City Council shall be required to have sidewalks and street trees. (General Plan EIR Policy 4-5)
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.
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Policy M-1.3. Regional Trail Development. Continue to plan and provide for a comprehensive system of trails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. (General Plan EIR Policy 4-6)
Policy M-2.6. Traffic Calming. Consider the implementation of best practices on streets to reduce speeds and make them user-friendly for alternative modes of transportation, including pedestrians and bicyclists.
Policy M-3.1. Bicycle and Pedestrian Master Plan. Adopt and maintain a Bicycle and Pedestrian master plan, which outlines policies and improvements to streets, extension of trails, and pathways to create a safe way for people of all ages to bike and walk on a daily basis, and as shown in Figure M-1. Policy M-3.2. Development. Require new development and redevelopment to increase connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, shopping and employment destinations throughout the city.
Policy M-3.3. Pedestrian and Bicycle Crossings. Enhance pedestrian and bicycle crossings and pathways at key locations across physical barriers such as creeks, highways and road barriers. Policy M-3.4. Street Widths. Preserve and enhance citywide pedestrian and bike connectivity by limiting street widening purely for automobiles as a means of improving traffic flow. Policy M-3.5. Curb Cuts. Minimize the number and the width of driveway openings. Policy M-3.6. Safe Spaces for Pedestrians. Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building entrances. (General Plan EIR Policy 4-13) Policy M-3.7. Capital Improvement Program. Plan for improvements to pedestrian and bicycle facilities and eliminate gaps along the pedestrian and bicycle network as part of the City’s Capital Improvement Program.
Policy M-3.8. Bicycle Parking. Require new development and redevelopment to provide public and private bicycle parking.
Policy M-4.1. Transit Agencies. Coordinate with VTA to improve transportation service, infrastructure and access in the city, and to connect to transportation facilities such as Caltrain and VTA light rail stations.
Policy M-4.2. Local Transportation Services. Create or partner with transit providers, employers, educational institutions, and major commercial entities to minimize gaps within local transportation services.
Policy M-4.3. Connecting Special Areas. Identify and implement new or enhanced transit services to connect all Special Areas as identified in Figure PA-1 (Chapter 2: Planning Areas). Policy M-4.4. Transit Facilities with New Development. Work with VTA and/or major developments to ensure all new development projects include amenities to support public transit including bus stop shelters, space for transit vehicles as appropriate and attractive amenities such as trash receptacles, signage, seating and lighting. (General Plan EIR Policy 4-7) Policy M-4.5. Access To Transit Services. Support right-of-way design and amenities consistent with local transit goals to improve transit as a viable alternative to driving.
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Policy M-4.6. Bus and Shuttle Programs. Work with large regional employers and private commuter bus/ shuttle programs to provide safe pick-up, drop-off, and park and rides in order to reduce single occupancy vehicle trips.
Policy M-4.7. Vallco Shopping District Transfer Station. Work with VTA and/ or other transportation service organizations to study and develop a transit transfer station that incorporates a hub for alternative transportation services such as, car sharing, bike sharing and/ or other services. Policy M-4.8: Micro-Transit. Continue to support a local micro-transit option, such as the Silicon Valley Hopper or similar service.
Policy M-5.1. Safe Routes To Schools. Promote Safe Routes to Schools programs for all schools serving the city.
Strategy M-5.1.1. Coordination with School Districts. Coordinate with the School Districts to develop plans and programs that encourage car/van-pooling, stagger hours of adjacent schools, establish drop-off locations, and encourage walking and bicycling to school. (General Plan EIR Policy 4-15) Policy M-7.1. Multi-Modal Transportation Impact Analysis. Follow guidelines set by the VTA related to transportation impact analyses, while conforming to State goals for multi-modal performance targets. Policy M-8.1. Transportation. Promote transportation policies that help to reduce greenhouse gas emissions.
Strategy M-8.1.1. TSM Strategies. Employ TSM strategies to improve efficiency of the transportation infrastructure including strategic right-of-way improvements, intelligent transportation systems and optimization of signal timing to coordinate traffic flow. Strategy M-8.1.2. Major and Large Employers. Require major and large employers, including colleges and schools, to develop and maintain TDM programs to reduce vehicle trips generated by their employees and students and develop a tracking method to monitor results. Strategy M-8.1.3. TDM Ordinance. Develop and adopt a TDM ordinance to reduce vehicle trips with specific implementation actions for all development projects and a monitoring and reporting program to ensure implementation.
Policy M-8.2. Land Use. Support development and transportation improvements that help reduce greenhouse gas emissions by reducing per service population VMT, reducing impacts on the City’s transportation network.
Strategy M-8.2.1. Design of New Development. Require new development to include shared amenities that encourage the use of transit, bicycling, or walking as alternative modes of transportation. Strategy M-8.2.2. Pedestrian Activity. Require new development to provide pedestrian pathways to entrances, and orient buildings and entrances to the street, to encourage pedestrian activity. Strategy M-8.2.3. Commercial Development. Require new commercial developments to provide shared office facilities, cafeterias, daycare facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling or walking as commute modes to work.
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Strategy M-8.2.4. Residential and Mixed-Use Development. Require new residential or mixed-use developments to provide shared bicycle parking and bike repair stations at locations close to entrances.
Policy M-9.2. Reduced Travel Demand. Promote effective TDM programs for existing and new development.
Strategy M-9.3.2. Streetscape Design. When reviewing the widening of an existing street, consider aesthetically pleasing enhancements and amenities to improve the safe movement of pedestrians and bicyclists in keeping with the vision of the Planning Area. (General Plan EIR Policy 4-12) Policy M-10.1. Transportation Improvement Plan. Develop and implement an updated citywide transportation improvement plan necessary to accommodate vehicular, pedestrian and bicycle transportation improvements to meet the City’s needs.
Policy M-10.3. Multi-Modal Improvements. Integrate the financing, design and construction of pedestrian and bicycle facilities with street projects. Build pedestrian and bicycle improvements at the same time as improvements for vehicular circulation to enable travelers to transition from one mode of transportation.
Policy ES-1.2. Regional Growth and Transportation Coordination. Coordinate with local and regional agencies to prepare updates to regional growth plans and strategies, including the Regional Housing Allocation Needs Allocation (RHNA), One Bay Area Plan, Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS).
Strategy ES-1.2.1. Local Plan Consistency with Regional Plans. Update and maintain local plans and strategies so they are consistent with One Bay Area Plan to qualify for State transportation and project CEQA streamlining.
Strategy ES-2.1.9. Energy Efficient Transportation Modes. Continue to promote fuel-efficient transportation modes such as alternative fuel vehicles, driverless vehicles, public transit, car and van pooling, community and regional shuttle systems, car and bike sharing programs, safe routes to schools, commuter benefits, and pedestrian and bicycle paths through infrastructure investment, development incentives, and community education. (General Plan EIR Policy 4-3) Strategy ES-4.2.2. Home Occupations. Review and consider expanding the allowable home-based businesses in residentially zoned properties to reduce the need to commute to work.
The Transportation Analysis, which is included in Appendix E, Transportation Analysis, of this EA,found that implementation of the proposed Modified Project would not result in modifications to the circulation system that would disrupt existing facilities or services or interfere with the implementation of planned facilities/services contained in adopted programs, plans, policies, or ordinances. However, while the proposed Modified Project would lead to increases in the city’s residential population beyond what was evaluated in the General Plan EIR, which would increase the demand on the circulation system, like the Approved Project, future developments would be required to comply with State, VTA, City, and/or other design standards regarding the transportation facilities and services. Further, as with the potential future development assessed in the General Plan EIR, potential future development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards governing transportation facilities, as necessary. Based on these considerations, and because the 2040 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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General Plan policies and strategies would improve the transportation network, and support programs to improve the roadway network and increase travel by transit, bicycles, pedestrians to reduce GHG emissions from automobiles, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities beyond what was evaluated in the General Plan EIR. Impacts under the proposed Modified Project would be less than significant.
Significance without Mitigation: Less than significant.
TRANS-2 Implementation of the proposed Modified Project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).
CEQA Guidelines Section 15064.3(b) states for land use projects, “Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact.” CEQA Guidelines Section 15064.3(b)(4) states, “A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure.”
Since the certification of the General Plan EIR, amendments were made to Appendix G, Environmental Checklist, of the CEQA Guidelines. Thus, this standard of significance was not included in the General Plan EIR; however, as stated in Section 4.14.1.3, Existing Conditions, Impact Discussion TRAF-1 of the General Plan EIR included Table 4.13-16, VMT Per Capita, of the General Plan EIR showed that VMT per capita under the 2000 to 2020 General Plan was 10.5, and under the Approved Project was 10.9. However, at the time of the General Plan EIR, the City did not have VMT analysis methodologies, standards, or thresholds of significance. . Therefore, for this EA the existing conditions calculated in the Transportation Analysis prepared for proposed Modified Project is applied to this evaluation. As described in Section 4.14.1.3, Existing Conditions, using current standards and methodology and the City of Cupertino VMT thresholds, existing conditions without the proposed Modified Project, would generate 36.56 VMT per service population (sum of all residents and employees).
Table 9, Total Project Generated VMT Assessment, of the Transportation Analysis shows that the proposed Modified Project would generate 34.80 VMT per service population, which is 1.76 VMT per service population less than the Approved Project. While less than the Approved Project, implementation of the proposed Modified Project would have an 11 percent increase in VMT over Cupertino’s VMT per service population threshold of 31.30.
VMT reduction measures to decrease the total VMT generated by the proposed Modified Project could be accomplished by implementing a transportation demand management (TDM) plan, physical site design elements, or policies and infrastructure for location efficiency. TDM refers to strategies that incentivize alternatives to automobile travel, either through financial incentives for walking, biking, and riding transit, or through additional costs to automobile use at project sites. The current standard for calculating VMT reduction efficacy from TDM strategies is the California Air Pollution Control Officers Association (CAPCOA) 2021 Handbook for Analyzing GHG Emission Reductions, Assessing Climate Vulnerabilities, and Advancing GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Health and Equity. Overall, CAPCOA indicates that projects in suburban areas may be able to achieve up to a 15 percent reduction i n VM T. Therefore, a reduction of 11 percent in VMT per service population is feasible.
VMT reduction measures evaluated for the proposed Modified Project are listed below at the project-, community-, and county/regional-level, noting the maximum VMT reduction observed in literature.
Project-Level Measures
Limit parking supply. When combined with companion TDM measures, reduced parking supply discourages driving by limiting easy and convenient parking options. Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies. (Reduction range: 0 to 13.7%) Unbundle parking costs. Unbundling separates parking costs from property cost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner . This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money. (Reduction range: 0 to 15.7%)
Employ marketing and encouragement strategies to promote non-drive-alone travel. This strategy encompasses the aspects of typical TDM programs that rely on providing customized information and incentives to encourage use of transportation alternatives in place of single occupancy vehicles. The process is typically a residential-based approach for each community. (Reduction range: 0 to 2.3%) Community-Level Measures
Provide ride-sharing programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants and has similar limitations to strategy (2) above. The City of Cupertino is currently served by Silicon Valley Hopper, an on-demand rideshare shuttle through Via Transportation, that provides pickup and drop-off transportation services anywhere within the city service area. (Reduction range: 0 to 8%)
Implement car-sharing program: This strategy reduces the need to own a vehicle or reduces the number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs such as ZipCar, Car2Go, and Gig. (Reduction range: 0 to 0.15%)
Implement Bikeshare and Electric Bikeshare Program. This strategy will establish a bikeshare program.
The projects provide users with on-demand access to bicycles, electric pedal assist bicycles, and short- term rentals. They encourage mode shift from vehicles to bicycles, displacing VMT and thus reducing GHG emissions. (Reduction range: 0 to 1%)
Implement on-street market pricing for parking. This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behavior and may also result in area- wide mode shifts. (Reduction range: 0 to 30%)
County/Regional-Level Measures
Increase transit service frequency and speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in Cupertino, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations, or it may require new forms of demand responsive transit service. A GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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demand-responsive service could be provided as subsidized trips by contracting to private TNCs or taxi companies. Alternatively, a public transit operator could provide the subsidized service but would need to improve on traditional cost effectiveness. Note that implementation of this strategy would require regional or local agency implementation, substantial changes to current transit practices, and would not likely be applicable for individual development projects. (Reduction range: 0 to 4.6%) The Mobility (M) Element contains policies and strategies that require local planning and development decisions to consider VMT and has been updated to include the VMT reduction measures previously described. Accordingly, in addition to the 2040 General Plan policies and strategies listed under the Impact Discussion TRANS-1, which would serve to promote alternative modes of transportation, indirectly reducing VMT , like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize VMT impacts.
Policy M-8.1. Transportation. Promote transportation policies that help to reduce greenhouse gas emissions.
Strategy M-8.1.1. TSM Strategies. Employ TSM strategies to improve efficiency of the transportation infrastructure including strategic right-of-way improvements, intelligent transportation systems and optimization of signal timing to coordinate traffic flow. Strategy M-8.1.2. Major and Large Employers. Require major and large employers, including colleges and schools, to develop and maintain TDM programs to reduce vehicle trips generated by their employees and students and develop a tracking method to monitor results. Strategy M-8.1.3. TDM Ordinance. Develop and adopt a TDM ordinance to reduce vehicle trips with specific implementation actions for all development projects and a monitoring and reporting program to ensure implementation.
Policy M-8.2. Land Use. Support development and transportation improvements that help reduce greenhouse gas emissions by reducing per service population VMT, reducing impacts on the City’s transportation network.
Strategy M-8.2.1. Design of New Development. Require new development to include shared amenities that encourage the use of transit, bicycling, or walking as alternative modes of transportation. Strategy M-8.2.2. Pedestrian Activity. Require new development to provide pedestrian pathways to entrances, and orient buildings and entrances to the street, to encourage pedestrian activity. Strategy M-8.2.3. Commercial Development. Require new commercial developments to provide shared office facilities, cafeterias, daycare facilities, lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling or walking as commute modes to work.
Strategy M-8.2.4. Residential and Mixed-Use Development. Require new residential or mixed-use developments to provide shared bicycle parking and bike repair stations at locations close to entrances.
Policy M-8.3. Alternative Fuel Charging Stations. Develop a city-wide strategy to encourage the construction of a network of public and private alternative fuel vehicle charging/ fueling stations.
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Table 12, Total Project Generated VMT with Mitigations Assessment, of the Transportation Analysis shows that with implementation of the VMT reduction measures that have been incorporated into the Mobility Element, the proposed Modified Project would generate 32.95 VMT per service population, a reduction of
1.85 VMT per service population, which is not enough to reduce VMT to meet the City’s 31.30 VMT threshold. However, these VMT-reduction policies and strategies are still important considerations in evaluating the results of this VMT analysis and as appropriate they should be accounted for in subsequent VMT evaluations of specific projects as they are proposed within the city of Cupertino. Additionally, like development under the Approved Project, potential future development under the proposed Modified Project would be concentrated on a limited number of parcels and in the form of infill/intensification on sites either already developed and/or underutilized, and/or near existing residential and residential- serving development, which would further reduce VMT. Nonetheless, the overall VMT impacts from adoption and implementation of the proposed Modified Project would be potentially significant.
Impact TRANS-2: Implementation of the proposed Modified Project would exceed the adopted Cupertino vehicle miles traveled (VMT) threshold per service population of 31.30 VMT by 3.5 VMT per service population, due to forecasted growth through 2040.
Significance without Mitigation: Significant and unavoidable. The proposed Modified Project prioritizes higher residential densities than those currently allowed in Cupertino. From a land use planning perspective, the City has been very proactive in promoting a land use pattern that provides convenient access to transit, places, jobs, services, and housing in close proximity, and establishes residential densities that provide for dense and walkable neighborhoods. These land use strategies represent some of the most effective tools available to Cupertino to reduce VMT through sound land use planning and as shown, reduce VMT per service population from existing conditions from 36.56 to 34.8 VMT per service population. Accordingly, the proposed Modified Project achieves meaningful reductions in VMT generated by land uses within the city. However, as previously discussed, additional reductions in VMT would be required to achieve the threshold.
Implementation of the General Plan policies and strategies would ensure that VMT are reduced to the degree feasible. In addition, as listed under Impact Discussion TRANS-1, the City has numerous policies to promote safe and user-friendly transit and improve the bicycle and pedestrian network in Cupertino, all which would serve to promote alternative forms of transportation and reduce VMT .
Given the lack of specifics that are available for this program-level EIR, it is not possible to fully account for the effect of specific design principles, policies, and improvements that will reduce VMT as part of this analysis. Although many of the VMT-reducing design principles, policies, and improvements that are described may ultimately mitigate and/or potentially reduce the VMT impacts outlined in this evaluation, necessary details to ensure implementation and appropriately evaluate their effect are not yet available. While some of the approaches to VMT reduction described in the prior section are supportive of existing City policies and guidelines, the VMT- reducing approaches cited would require further planning and development as well as committed funding sources, including those from participants in the development community. As such, it is reasonable to conclude that the findings of this analysis reflect a worst-case scenario for this program evaluation.
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The City of Cupertino would require VMT reduction measures from new and redevelopment projects through the ongoing implementation of the General Plan and Municipal Code. However, the effectiveness of these VMT reduction measures would vary based on local context, scale of intervention, and availability of non-automotive transportation. For maximum reduction in VMT, potential future development would need to implement many individual project-level strategies and be sited in an efficient, transit-adjacent location. These traits may not be feasible in all locations in Cupertino. Additionally, project-level TDM strategies are often implemented by individuals, so their use requires ongoing monitoring and adjusting to account for changes in personal and travel behavior. Due to these project-specific implementation barriers, ad hoc project-by-project mitigation is less effective for reducing VMT compared with large-scale, program-based approaches, such as an impact fee program that funds transit expansion or land use and zoning changes at a citywide level. As described, it is estimated that incorporating the VMT reduction measures incorporated into the Mobility Element would reduce the VMT per service population to 32.95. Thus, because VMT per service population from the proposed Modified Project would still exceed Cupertino’s threshold of 31.30, impacts would remain significant and unavoidable at the program level. This program-level land use impact for VMT does not preclude the finding of less-than-significant impacts for subsequent development projects that achieve applicable VMT thresholds of significance. However, due to the programmatic nature of the proposed project, no mitigation measures are available, and the impact is considered significant and unavoidable.
TRANS-3 Implementation of the proposed Modified Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment).
As described in the General Plan EIR, the Approved Project is a program-level planning effort; it does not directly address project-level design features or building specifications. Future development under the Approved Project would increase both residential and commercial land uses. As these land uses develop, construction and modifications of new and existing roadways would be necessary to support the growth.
The improvements would be designed and reviewed in accordance with the City of Cupertino Standard Details and General Plan 2040.
As with the Approved Project, the proposed Modified Project is a program-level planning effort and would not include specific design features. Thus, like the Approved Project, compliance with the City of Cupertino Standard Details and General Plan 2040 would ensure that any potential future developments from the proposed Modified Project would not increase road and travel hazards.
The General Plan EIR also found that the Land Use and Community Design (LU), Health and Safety (HS), and Mobility (M) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on hazards due to a geometric design feature or incompatible uses. Like the Approved Project, he following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize potential adverse impacts on those hazards:
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Policy LU-20.2. Streetscape and Connectivity. Future roadway improvements on Wolfe Road, Homestead Road and Tantau Avenue should be coordinated with planned improvements to improve pedestrian, bike and transit connections. Streetscape improvements will enhance the pedestrian environment with street trees, attractive bus shelters and street furniture. The campus site should provide an attractive landscaped edge along the street. Future improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area. (General Plan EIR Policy 4-12) Policy LU-21.3. Streetscape and Connectivity. North De Anza is envisioned as a walkable, bikeable boulevard with wide sidewalks with street trees and roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve school routes from the Garden Gate neighborhood to Lawson school to the east and provide access to transit routes. (General Plan EIR Policy 4-12) Policy LU-21.4. Streetscape and Connectivity. South De Anza is envisioned as a walkable, bikeable boulevard with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings. Side streets are also envisioned with pedestrian and bicycle improvements to ensure walkable connections from adjacent neighborhoods. (General Plan EIR Policy 4-12) Policy LU-24.2. Streetscape and Connectivity. Bubb Road is envisioned as a walkable, bikeable corridor with sidewalks, street trees and roadway improvements for bike lanes and pedestrian crossings.
Pedestrian and bike improvements and enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid. Such improvements will also improve routes from the northern and eastern neighborhood to the tri-school area, parks and services and reduce impacts caused by to school and employment traffic. (General Plan EIR Policy 4-12) Policy M-2.2. Adjacent Land Use. Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and sidewalks to complement adjacent land uses in keeping with the vision of the Planning Area. Strive to minimize adverse impacts and expand alternative transportation options for all Planning Areas (Special Areas and Neighborhoods). Improvement standards shall also consider the urban, suburban and rural environments found within the city. (General Plan EIR Policy 4- 10)
Policy M-3.5. Curb Cuts. Minimize the number and the width of driveway openings. (General Plan EIR Policy 4-11)
Policy M-3.6. Safe Spaces for Pedestrians. Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building entrances. (General Plan EIR Policy 4-13) Policy M-7.2. Protected Intersections. Consider adopting a Protected Intersection policy, which would identify intersections where improvements would not be considered, which would degrade levels of service for non-vehicular modes of transportation. Potential locations include intersections in Priority Development Areas (PDAs) and other areas where non-vehicular transportation is a key consideration, such as, near shopping districts, schools, parks and senior citizen developments. (General Plan EIR Policy 4-10)
Policy HS-3.2. Early Project Review. Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire Department input and modifications as needed. (General Plan EIR Policy 6-13)
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Strategy HS-3.3.3. Hillside Road Upgrades. Require new hillside development to upgrade existing access roads to meet Fire Code and City standards. (General Plan EIR Policy 6-16) Strategy HS-8.7.2. Road Improvements to Reduce Truck Impacts. Consider road improvements such as medians, landscaping, noise attenuating asphalt and other methods to reduce quarry truck impacts. (General Plan EIR Policy 6-56)
As with the development assessed in the General Plan EIR, potential new development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards governing transportation hazards, as necessary. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more substantial hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
TRANS-4 Implementation of the proposed Modified Project would not result in inadequate emergency access.
As described in the General Plan EIR and Impact Discussion TRANS-3 of this EA, the Approved Project is a program-level planning effort; it does not directly address project-level design features or building specifications. Ongoing implementation of the General Plan 2040 policies and the City’s engineering standards would ensure that adequate emergency access is provided in Cupertino.
As with the Approved Project, the proposed Modified Project is a program-level planning effort and would not include specific design features. Thus, like the Approved Project, compliance with General Plan 2040 policies and the City’s engineering standards would ensure that adequate emergency access is provided in Cupertino.
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 emergency access. 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 emergency access:
Policy HS-2.2. Emergency Operations Center. Ensure ongoing training of identified City employees on their functions/responsibilities in the EOC and in disaster preparedness, first aid and CPR. (General Plan EIR Policy 6-38)
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-3.2. 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 and Policy 6-13)
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Policy HS-3.3. Emergency Access. Ensure adequate emergency access is provided for all new hillside development.
Strategy HS-3.3.2. Dead- End Street Access. Allow public use of private roadways during an emergency for hillside subdivisions that have dead-end public streets longer than 1,000 feet or find a secondary means of access. (General Plan EIR Policy 6-14)
Strategy HS-3.3.3. Hillside Access Routes. Require new hillside development to have frequent grade breaks in access routes to ensure a timely response from fire personnel. (General Plan EIR Policy 6-15) Policy HS-3.4. Private Residential Electronic Security Gates. Discourage the use of private residential electronic security gates that act as a barrier to emergency personnel. (General Plan EIR Policy 6-18) Policy HS-3.5. Commercial and Industrial Fire Protection Guidelines. Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses. (General Plan EIR Policy 6-9)
Policy HS-3.6. Fire Prevention and Emergency Preparedness. Promote fire prevention and emergency preparedness through city-initiated public education programs, the government television channel, the Internet and the Cupertino Scene. (General Plan EIR Policy 6-10) Policy HS- 7.1. Evacuation Map. Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the general public. (General Plan EIR Policy 6-42) As with the development assessed in the General Plan EIR, potential future development under the proposed Modified Project would be required to comply with applicable laws, policies, and design standards governing emergency access, as necessary. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts to emergency access beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
TRANS-5 Implementation of the proposed Modified Project would result in a cumulatively considerable impact.
The analysis of the Approved Project in the General Plan EIR addressed cumulative impacts to the transportation network in the city and its surroundings. The General Plan EIR found that cumulative impacts would be the same as Approved Project–specific impacts and would be significant and unavoidable even with the mitigation measures described in 4.13.6, Impact Discussion, of the General Plan EIR.
Similarly, the transportation analysis conducted for the proposed Modified Project forecasts VMT for the entire service population, which exceeds the City’s threshold of 31.3 VMT per service population. This analysis includes a consideration of cumulative impacts and thus impacts would be significant and unavoidable.
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Impact TRANS-5: Implementation of the proposed Modified Project would cumulatively contribute to regional vehicle miles traveled.
Significance without Mitigation: Significant and unavoidable. The City of Cupertino would implement the policies and strategies of the proposed Modified Project. However, the effectiveness of these policies and strategies would vary based on local context, scale of intervention, and availability of non- automotive transportation. For maximum reduction in VMT , potential future development would need to implement many individual project-level strategies and be sited in an efficient, transit- adjacent location. These traits may not be feasible in all locations in Cupertino and surrounding communities. Additionally, project-level TDM strategies are often implemented by individuals, so their use requires ongoing monitoring and adjusting to account for changes in personal and travel behavior.
Due to these project-specific implementation barriers, ad hoc project-by-project mitigation is less effective for reducing VMT compared with large-scale, program-based approaches, such as an impact fee program that funds transit expansion or land use and zoning changes at a citywide level. Thus, impacts would remain significant and unavoidable.
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4.15 UTILITIES AND SERVICE SYSTEMS
This chapter describes the potential impacts to the utilities and services systems associated with the adoption and implementation of the proposed Modified Project. This chapter describes the regulatory framework and existing conditions; identifies criteria used to determine impact significance; provides an analysis of the potential impacts related to water, wastewater, stormwater, solid waste, and energy infrastructure; and identifies General Plan 2040 policies and/or strategies that could minimize any potentially significant impacts.
4.15.1 Water
REGULATORY FRAMEWORK
Federal Regulations
Safe Drinking Water Act
The Safe Drinking Water Act, the principal federal law intended to ensure safe drinking water to the public, was enacted in 1974 and has been amended several times. The Safe Drinking Water Act authorizes the United States Environmental Protection Agency (USEPA) to set national standards for drinking water, called the National Primary Drinking Water Regulations, to protect against both naturally occurring and human-made contaminants. These standards set enforceable maximum contaminant levels in drinking water and require all water providers in the United States to treat water to remove contaminants, except for private wells serving fewer than 25 people. In California, the State Water Resources Control Board (SWRCB) conducts most enforcement activities. If a water system does not meet standards, it is the water supplier’s responsibility to notify its customers.
America’s Water Infrastructure Act of 2018
America's Water Infrastructure Act (AWIA), signed into law on October 23, 2018, authorizes federal funding for water infrastructure projects, expands water storage capabilities, assists local communities in complying with the Safe Drinking Water Act and Clean Water Act (CWA), reduces flooding risks for rural, western, and coastal communities, and addresses significant water infrastructure needs in tribal communities.
1 Additionally, the AWIA requires that drinking water systems that serve more than 3,300 people develop or update risk assessments and emergency response plans. Risk assessments and emergency response plans must be certified by the USEPA within the deadline specified by the AWIA.
1 United States Environmental Protection Agency, 2024. America’s Water Infrastructure Act of 2018 (AWIA)t, https://www.epa.gov/ground-water-and-drinking-water/americas-water-infrastructure-act-2018-awia, accessed January 14, 2024.
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State Regulations
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act, which was passed in California in 1969 and amended in 2013, is the basic water quality control law for California. Under this Act, the SWRCB has authority over State water rights and water quality policy. This Act divided the state into nine regional basins, each under the jurisdiction of a Regional Water Quality Control Board (RWQCB) to oversee water quality on a day-to- day basis at the local and regional level. RWQCBs engage in a number of water quality functions in their respective regions. RWQCBs regulate all pollutant or nuisance discharges that may affect either surface water or groundwater. The Study Area is within the jurisdiction of the San Francisco Bay RWQCB (Region 2).
SWRCB Division of Drinking Water
The California Division of Drinking Water regulates public water systems within California; oversees water recycling projects; permits water treatment devices; and supports and promotes water system security.
The Division of Financial Assistance provides funding opportunities for drinking water system improvements; provides support for small water systems and for improving technical, managerial, and financial capacity; and certifies drinking water treatment and distribution operators. The Field Operations Branch of the Division of Drinking Water is responsible for the enforcement of the federal and California Safe Drinking Water Acts and the regulatory oversight of approximately 7,500 public water systems to ensure the delivery of safe drinking water to all Californians. In this capacity, Field Operations Branch staff perform field inspections, issue operating permits, review plans and specifications for new facilities, take enforcement actions for noncompliance with laws and regulations, review water quality monitoring results, and support and promote water system security.
Urban Water Management Planning Act (Senate Bills 610 and 221) The California Urban Water Management Planning Act and Section 10620 of the Water Code require that all urban water suppliers in California that provide water to more than 3,000 customers or supply more than 3,000 acre-feet per year (AFY)2 to prepare and adopt an Urban Water Management Plan (UWMP) and update it every five years. The act is intended to support efficient use of urban water supplies. It requires the UWMP to compare water supply and demand over the next 20 years for normal years, single dry years, and multiple dry years and to determine current and potential recycled water uses.
Senate Bill (SB) 610 and SB 221 were enacted to 1) ensure better coordination between local water supply and land use decisions and 2) confirm that there is an adequate water supply for new development. The following projects that are subject to the California Environmental Quality Act (CEQA) are required to prepare a Water Supply Assessment (WSA):
Residential developments consisting of more than 500 dwelling units.
2 One acre-foot is the amount of water required to cover one acre of ground (43,560 square feet) to a depth of one foot.
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Shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.
Commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.
Hotel or motel, or both, having more than 500 rooms.
Industrial, manufacturing, or processing plant or industrial park planned to employ more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
Mixed-use project that includes one or more of the projects specified above. Project that would demand an amount of water equivalent to, or greater than, the amount of water required for 500 dwelling units.
SB 221 requires written verification that there is sufficient water supply available for new residential subdivisions that include over 500 dwelling units. The verification must be provided before commencement of construction for the project.
Sustainable Groundwater Management Act of 2014
In the midst of a major drought in 2014, a three-bill legislative package was signed into law collectively known as the Sustainable Groundwater Management Act (SGMA). The Governor’s signing message states “a central feature of these bills is the recognition that groundwater management in California is best accomplished locally.” Under SGMA, local and regional agencies in groundwater basins that are designated as medium and high priority must form groundwater sustainability agencies (GSAs) that oversee the preparation and implementation of groundwater sustainability plans (GSPs).
The City of Cupertino is within the Santa Clara Valley Groundwater Basin, which is further divided into the Santa Clara and Llagas Subbasins. Valley Water is the Groundwater Sustainability Agency (GSA) for this groundwater basin and submitted the 2016 Groundwater Management Plan as an alternative to a Groundwater Sustainability Plan (GSP). This has been approved by the Department of Water Resources (DWR). The Groundwater Management Plan describes the basin setting and conditions, water supplies and groundwater budget, sustainability management criteria, and basin management programs and activities.
3 Water Conservation Act of 2009
The Water Conservation Act of 2009 (SB X7-7) requires all water suppliers to increase water use efficiency.
The legislation sets an overall goal of reducing per capita water use by 20 percent by 2020, with an interim goal of a 10 percent reduction in per capita water use by 2015. Effective in 2016, urban retail water suppliers who do not meet the water conservation requirements established by this bill are not eligible for State water grants or loans. The SB X7-7 requires that urban water retail suppliers determine baseline
3 Santa Clara Valley Water District, 2016. Groundwater Management Plan.
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water use and set reduction targets according to specified standards. Demonstration of compliance with this regulation is a required component of each water purveyor’s 2020 UWMP. The two water purveyors with service areas within the City of Cupertino, San Jose Water and California Water Service, are in compliance with their target reductions.
2018 Water Conservation Legislation
In 2018, the California Legislature enacted two policy bills (SB 606 and Assembly Bill [AB] 1668) to establish long-term improvements in water conservation and drought planning to adapt to climate change and longer and more intense droughts in California.4 The DWR and SWRCB will develop new standards for:
Indoor residential water use
Outdoor residential water use
Commercial, industrial, and institutional water use for landscape irrigation with dedicated meters Water loss
Urban water suppliers are required to stay within annual water budgets based on their standards for their service areas, and to calculate and report their urban water use objectives in an annual water use report.
Based on recent legislation (SB 1157), the California Water Code defines a 55-gallon-per-person daily standard for indoor residential use until 2025, at which time it decreases to 47 gallons, and further decreases to 42 gallons by 2030.
The legislation also includes changes to UWMP preparation requirements. These changes include additional requirements for Water Shortage Contingency Plans (WSCPs), expansion of dry year supply reliability assessments to a five-year drought period, establishment of annual drought risk assessment procedures and reporting, and new conservation targets referred to “annual water use objectives,” which require retailers to continue to reduce water use beyond the 2020 SB X7-7 targets.
Mandatory Water Conservation
Following the declaration of a state of emergency on July 15, 2014, due to drought conditions, the SWRCB adopted Resolution No. 2014-0038 for emergency regulation of statewide water conservation efforts.
These regulations, which went into effect on August 1, 2014, were intended to reduce outdoor urban water use and have all California households voluntarily reduce their water consumption by 20 percent.
Water companies with 3,000 or more service connections were required to report monthly water consumption to the SWRCB. The SWRCB readopted the regulations several times, most recently requiring local water agencies to implement Level 2 drought contingency plans. In March 2023, Governor Newsom announced the lifting of some of the drought restrictions following a wet winter, including the Level 2 demand reduction actions.
However, there are portions of the water conservation emergency regulations that remain in effect. These include prohibitions of wasteful water use practices: 1) the application of potable water to outdoor landscapes in a manner that causes excess runoff; 2) the washing of vehicles without an automatic shut-
4 California Department of Water Resources, 2021, 2018 Water Conservation Legislation, https://water.ca.gov/Programs/Water-Use-And-Efficiency/2018-Water-Conservation-Legislation, accessed August 23, 2023.
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off nozzle; 3) the application of potable water to driveways and sidewalks; 4) the use of potable water in nonrecirculating ornamental fountains; and 5) the application of potable water to outdoor landscapes during and within 48 hours after at least 0.25 inch of rainfall. In addition, watering decorative grass in commercial, industrial, and institutional areas is currently prohibited but is set to expire June 2024.
However, AB 1572, signed into law on October 13, 2013, would make this ban permanent, unless these areas are using recycled water. Urban water suppliers are still required to submit monthly water monitoring reports to the SWRCB.
Water Conservation in Landscaping Act of 2006
The Water Conservation in Landscaping Act (AB 1881) requires cities and counties to adopt the State of California’s Model Water Efficient Landscape Ordinance (MWELO) or adopt a comparable landscape water conservation ordinance that is at least as effective as the State’s MWELO in conserving water.
The MWELO was revised in July 2015 via Executive Order B-29-15 to address the ongoing drought and to build resiliency for future droughts. The 2015 revisions to the MWELO increased water efficiency standards for new and retrofitted landscapes through more efficient irrigation systems, greywater usage, and on-site stormwater capture and by limiting the portion of landscapes that can be covered in turf. Each city and county is required to submit annual reports to DWR that document how the agency is achieving compliance with the State MWELO and how many projects were subject to the ordinance during the annual reporting period.
The City of Cupertino adopted its own WELO Ordinance in Cupertino Municipal Code (CMC) Title 14, Chapter 14.15, Landscape Ordinance. The ordinance applies to all new and rehabilitated landscape projects that require a building or grading permit, planning permit, or grading permit, and any landscape installation or rehabilitation project. It is more stringent than the State MWELO and complies with the regulation.
California Water Code
The California Water Code states that the water resources of the State must be put to beneficial use and that waste or unreasonable use of water be prevented. The code is divided into several sections that include provisions regarding water quality, formation of irrigation districts and water districts, safe drinking water, and water supply and infrastructure improvements.
California Plumbing Code
The latest version of the California Plumbing Code was issued in 2022 and became effective as of January 1, 2023. The code is updated on a three-year cycle. It specifies technical standards for the design, materials, workmanship, and maintenance of plumbing systems. One of the purposes of the plumbing code is to prevent conflicting plumbing codes within local jurisdictions. Among many topics covered in the code are water fixtures, potable and non-potable water systems, and recycled water systems. The City of Cupertino adopts the California Plumbing Code under CMC Chapter 16.20.010, Adoption of the 2022 California Plumbing Code.
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California Building Code: CALGreen
The California Building Standards Commission adopted the nation’s first green building standards in July 2008, the California Green Building Standards Code, also known as CALGreen. CALGreen applies to the planning, design, operation, construction, use, and occupancy of every newly constructed building or structure in California. The code establishes building standards for sustainable site development, including water efficiency and water conservation measures that typically reduce water consumption by 20 percent.
In addition, pursuant to CALGreen Section 5.408, at least 65 percent of the nonhazardous construction and demolition waste from residential and nonresidential construction operations must be recycled and/or salvaged for reuse.
CALGreen is updated every three years to allow for consideration and possible incorporation of new low flow plumbing fixtures and water efficient appliances. The mandatory provisions of CALGreen became effective January 1, 2011, and the latest 2022 version became effective on January 1, 2023. The building efficiency standards are enforced through the local building permit process. The City of Cupertino has regularly adopted each new CALGreen update under CMC Chapter 16.58, Green Building Standards Code.
California Health and Safety Code
A portion of the State Health and Safety Code is dedicated to water issues, including testing and maintenance of backflow prevention devices, coloring of pipes carrying recycled water, and programs addressing cross-connection control by water users.
Regional Regulations
Bay Area Integrated Regional Water Management Plan
The Bay Area Integrated Regional Water Management Plan (IRWMP) is a nine-county effort to coordinate and improve water supply reliability, protect water quality, manage flood protection, maintain public health standards, protect habitat and watershed resources, and enhance the overall health of San Francisco Bay. Some of the stakeholders and participating agencies in preparing the IRWMP include members of the Santa Clara Basin Watershed Management Initiative, which includes the City of Cupertino and Valley Water . The IRWMP is dated 2019; however, there is an addendum with an updated list of past and current projects dated 2023.5
Bay Area Regional Reliability Partnership
Valley Water is one of eight Bay Area water agencies that are working together to develop regional solutions for improving water supply reliability for over six million area residents and thousands of industries and businesses. The Partnership recently completed a Drought Contingency Plan and one of the projects in the plan is expansion of the Los Vaqueros Reservoir . This project would provide Valley Water
5 San Francisco Bay Area Region, 2019. San Francisco Bay Area Integrated Regional Water Management Plan. with Updated Project List, dated 2023.
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with emergency storage, alternative conveyance options, and increase flexibility in managing its water supplies. The expansion project is scheduled for completion in 2030.6 Santa Clara Valley Water District (Valley Water)
The Santa Clara Valley Water District, also known as Valley Water, is a water resources agency responsible for balancing flood protection needs with the protection of natural watercourses and habitat in the Santa Clara Valley. Founded in 1929, the SCVWD serves all of Santa Clara County, including 15 cities and 2 million residents; provides wholesale water supply and groundwater management; operates three water treatment plants and a recycled water purification center; manages 10 dams and water reservoirs and 276 acres of groundwater recharge ponds; and provides flood protection along the creeks and rivers in the county.
Water Supply Master Plan
The Water Supply Master Plan (WSMP) is Valley Water’s guidance document for long-term water supply investments. Updated approximately every five years, this long-range plan assesses future water demands within Santa Clara County and evaluates and recommends water supply and infrastructure projects to meet those demands.7 The most recent plan, Water Supply Master Plan 2040, was adopted in 2019.
Valley Water has started a two-year process in 2023 to develop the Water Supply Master Plan 2050, which extends the planning horizon to 2050 for reliable water supply in the future. New projects will be identified and evaluated, which will include advanced purified water projects, new supply and storage projects, and improvements to the existing system.
8 Groundwater Management Plan
Valley Water has been managing groundwater in the Santa Clara and Llagas Subbasins since 1929 and conditions in these subbasins have been sustainable for decades due to Valley Water’s extensive groundwater recharge program. As per SGMA requirements, basins that are designated as medium and high priority must form groundwater sustainability agencies (GSAs) and develop and implement groundwater sustainability plans (GSPs) or alternative plans to achieve sustainability.
Valley Water is the sole designated Groundwater Sustainability Agency (GSA) for these groundwater subbasins and has a Department of Water Resources (DWR) approved Alternative to a Groundwater Sustainability Plan (GSP).9 The 2021 Groundwater Management Plan for the Santa Clara and Llagas Subbasins describes Valley Water’s comprehensive groundwater management programs, including existing and future actions to maintain basin sustainability.10
6 Valley Water, 2024. Bay Area Regional (BARR) Partnership. https://www.valleywater.org/your-water/water-supply- planning/bay-area-regional-reliability-partnership accessed on January 15, 2024. 7 Valley Water, 2019. Santa Clara Valley Water District Water Supply Master Plan 2040. 8 Valley Water, 2024. Water Supply Master Plan. https://www.valleywater.org/your-water/water-supply-planning/water- supply-master-plan accessed on January 15, 2024.
9 Valley Water, 2021. 2020 Urban Water Management Plan. 10 Valley Water, 2021. Groundwater Management Plan for the Santa Clara and Llagas Subbasins.
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CVPIA Water Management Plan
Valley Water imports about half of its water supply via contracts with the State Water Project and the federal Central Valley Project (CVP). Every five years, CVP contractors are required by the Bureau of Reclamation to prepare a Water Management Plan (WMP) to meet the requirements of the Central Valley Project Improvement Act (CVPIA). Valley Water has completed its 2022 WMP , which documents the service area characteristics, operation and management of its system, inventory of current water resources, and water conservation and demand management efforts that have been implemented over the past five years.11
One Water Plan
Valley Water has completed the One Water Plan: Santa Clara Countywide Framework, which is an integrated approach to water resources management on a watershed scale. The program integrates flood protection, stream stewardship, and water supply and includes five objectives:
12 Protect and maintain water supplies.
Protect and improve surface water and groundwater quality. Reduce flood risk.
Protect, enhance, and sustain natural ecosystems.
Mitigate and adapt to climate change.
Metrics that evaluate the effectiveness of meeting the objectives are included in the Countywide Framework Plan. The One Water Coyote Creek Watershed Plan has been completed, the One Water Guadalupe Watershed Plan and the One Water Pajaro Watershed Plan are currently in preparation, and the One Water West Valley Watershed Plan and the One Water Lower Peninsula Watershed Plan are in the planning stage.
Valley Water 2020 Urban Water Management Plan
Valley Water’s 2020 Urban Water Management Plan (UWMP) documents current and projected water supplies and demands over the next 25 years during normal and drought years, as well as water reliability analysis and water conservation efforts. Valley Water is the wholesale water purveyor for Santa Clara County. The 2020 UWMP states that Valley Water has adequate water supplies to serve all of its Countywide demands under normal, single-dry year, and multiple-dry year conditions through 2045. If a five-year drought were to occur, Valley Water would implement its Water Shortage Contingency Plan (WCSP) and employ a range of response actions, including water conservation, using water stored in the Semitropic Groundwater Storage Bank in Kern County, imported water transfers and exchanges, and calling for short-term water use reduction.
13 11 Valley Water, 2024. CVPIA Water Management Plan. https://www.valleywater.org/your-water/water-supply- planning/cvpia-water-management-plan accessed on January 15, 2024. 12 Valley Water, 2022. One Water Plan – Santa Clara Countywide Framework. An Integrated Approach to Water Resources Management.
13 Valley Water, 2021. 2020 Urban Water Management Plan.
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San Jose Water 2020 Urban Water Management Plan
San Jose Water (SJW) provides potable water to approximately one million residents in Santa Clara County.
In addition to its own water system, SJW also operates and maintains the Cupertino Municipal Water System through a lease agreement. Because both systems are operated by SJW and are contiguous, the two systems are reported together in the SJW 2020 UWMP . SJW also provides water to, but does not manage, several small water systems that are adjacent to SJW’s service area. The SJW service area spans about 145 square miles, including most of the cities of San Jose and Cupertino, the entire cities of Campbell, Monte Sereno, Saratoga, the Town of Los Gatos, and parts of unincorporated Santa Clara County.
14 SJW obtains its water supply from groundwater pumped from the Santa Clara Subbasin (managed by Valley Water), purchased surface water from Valley Water, surface water from local watersheds, and recycled water purchased from South Bay Water Recycling. However, SJW’s recycled water distribution network does not extend into the City of Cupertino.
The 2020 UWMP states that there are sufficient water supplies to meet existing and future water demands for normal years, single-dry years, and multiple-dry years through 2045. The 2020 UWMP assumes a 34 percent increase in population in SJW’s service area between 2020 and 2045. The 2020 UWMP also provides a water shortage contingency plan, demand management measures to increase water use efficiency, and current and planned future water conservation efforts.
California Water Service Urban Water Management Plan
California Water Service, Los Altos Suburban (LAS) District, provides potable water to northern Santa Clara County and primarily serves the City of Los Altos. However, its service area extends to portions of the cities of Cupertino, Los Altos Hills, Mountain View, Sunnyvale, and adjacent unincorporated areas of Santa Clara County.15 The northeastern portion of Cupertino is within CWS’s service area.
Similar to SJW’s 2020 UWMP , CWS’s 2020 UWMP states that there is sufficient water available to serve all of its customers’ needs during normal years, single-dry years, and multiple-dry years through 2045. CWS obtains its water supplies from groundwater pumped from the Santa Clara Subbasin, treated water purchased from Valley Water, and recycled water received from the Sunnyvale Water Pollution Control Plant.
Local Regulations
General Plan 2040
The Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to water resources and water conservation measures. Applicable policies and strategies
14 San Jose Water, 2021. 2020 Urban Water Management Plan. 15 California Water Service, 2021. 2020 Urban Water Management Plan, Los Altos Suburban District.
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that would minimize potential adverse impacts to hydrology and water quality are identified in Section
4.15.1.3, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse impacts to water resources in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to water utilities are included in Title 3, Franchises, Title 14, Streets, Sidewalks and Landscaping, Title 15, Water and Sewage, Title 16, Building and Construction, and Title 17, Environmental Regulations, as follows:
Chapter 6.16, Water: California Water Service, grants this company the right to operate and distribute water for domestic, agricultural, industrial, commercial, and other uses and purposes within the City of Cupertino with a portion of the annual revenue paid to the City. Chapter 6.20, Water: San Jose Water Works, grants this company the right to operate and distribute water for domestic, agricultural, industrial, commercial, and other uses and purposes within the City of Cupertino with a portion of the annual revenue paid to the City. Chapter 14.15, Landscaping Ordinance, establishes water-efficient landscaping standards to conserve water use on irrigation. The provisions of this chapter apply to landscaping projects that include irrigated landscape areas exceeding 2,500 square feet, which requires submittal of a Landscape Documentation Package, which includes a water-efficient landscape checklist, water budget calculations, landscape, irrigation, and grading design plans, and soil management report. Also, landscape area less than 500 square feet are required to comply with the Prescriptive Compliance Application (water efficient checklist, landscape design plans and irrigation plans). Landscape areas between 500 and 2,500 square feet may require either a Prescriptive Compliance Application or a Landscape Documentation Package.
Chapter 15.04, Waterworks System: Rates and Charges, requires that all rates and charges imposed by the water providers upon customers of the water system shall be approved by the City Council and any changes in rates are subject to public notification and hearings. Chapter 15.32, Water Conservation, establishes water conservation measures to reduce the consumption of water, prevent water waste, and maximize the efficient use of water in the city. These measures may be implemented by the water purveyors, San Jose Water and California Water Service, or any other water suppliers that serve the city, as well as Valley Water, as the wholesale water supplier. The chapter details prohibited uses of water and restrictions on water use as a result of drought or other supply conditions.
Chapter 16.58, Green Building Standards Code, includes the CALGreen requirements with provisions for local amendments as needed. This chapter codifies green building techniques, including measures affecting water use efficiency and water conservation. Sections 16.58.100 through 16.58.220 set forth the standards for green building requirements by type of building. As shown on Table 101.10 in Section 16.58.220, single-family homes, multi-family homes with more than nine homes, and buildings larger than 50,000 square feet are required to be Leadership in Energy & Environmental GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Design (LEED)16 certified, and buildings from 25,000 to 50,000 square feet are required to be Silver certified. Section 16.58.230 permits applicants to apply an alternate green building standard for a project in lieu of the minimum standards outlined in Section 16.58.220 that meet the same intent of conserving resources and reducing solid waste.
Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental documents required as part of a General Plan 2040 update. This chapter includes specific requirements for utilities and service systems permits. Section 17.04.050 (I)(2). Ensure Adequate Water Supply and Infrastructure. The project applicant shall obtain written approval from the appropriate water service provider for water connections, service capability, and layout of water lines and backflow preventers, prior to issuance of the first permit.
Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to water supply associated with buildout of the General Plan 2040 at a program level for both water purveyors in Cupertino (San Jose Water (SJW), and California Water Service-Los Altos District (Cal Water - LAS). Both water providers have service areas that extend beyond the limits of the City.
The setting for water utilities is described in detail under Existing Conditions in Section 4.14.1, Water, of the General Plan EIR.
Since the certification of the General Plan EIR, the City has codified regulations to reduce water utility impacts in CMC Chapter 17.04, Standard Environmental Protection Requirements, as described under the Municipal Code heading in Section 4.15.1.1, Regulatory Framework. Section 17.04,050 (I)(2) is included to minimize impacts to water resources and ensure adequate water supply and infrastructure.
STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant impact to water supply if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-1. Have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? LTS LTS UTIL-2. Require or result in the construction of new water facilities or expansion of existing facilities, the construction of which would cause significant environmental effects?
LTS LTS
UTIL-3. Result in a cumulatively considerable impact with respect to water services. LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
16 Leadership in Energy & Environmental Design (LEED) is a green building certification program that recognizes best-in-class building strategies and practices that reduce consumption energy, and water, and reduce solid waste directly diverted to landfills. LEED certified building are ranked in order of efficiency from Certified, Silver, Gold, and Platinum.
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IMPACT DISCUSSION
UTIL-1 Implementation of the proposed Modified Project would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years.
The General Plan EIR found that future development under the Approved Project would include the latest technology in water-efficient plumbing fixtures and irrigation systems, as specified in the 2010 California Plumbing Code and the Cal Water’s and SJWC’s water efficiency measures relevant to new residential and commercial development. Table 4.14-7, Projected Water Demand Cal Water LAS District + Proposed Project (AFY), in the General Plan EIR shows that there is adequate supply for the Approved Project from Cal Water. Additionally, Table 4.14-12, SJWC 2035 Supply and Demand -- Normal, Single-Dry, and Multiple- Dry Years (acre feet), in the General Plan ER shows that there is adequate supply for the 2035 demand levels.
At full buildout, the proposed Modified Project would result in 3,312 net new dwelling units. Based on Figure 3-3, Housing Element (2023-2031) Opportunity Sites, the identified housing sites would be about equally split between the two water providers’ service areas. Therefore, the following analysis of increased water demand associated with the proposed Modified Project focuses on the service areas of both water purveyors.
Potential future development under the proposed Modified Project would be required to comply with the more stringent requirements of CALGreen, California Plumbing Code, and the City’s Landscape Ordinance, as described above in Section 4.15.1.1, Regulatory Framework, compared to the requirements described in the General Plan EIR. Although new residential construction typically achieves a reduction in water usage rates of 20 percent through compliance with these regulations, 17 this analysis conservatively
assumes that water usage would be similar to the rates provided in the Cal Water LAS and SJW UWMPs. It is assumed for this analysis that all of the new housing units will be multi-family residential, as described in Chapter 3.0, Project Description, of this EA.
The water demand factor for multi-family residential was obtained from the SJW 2020 UWMP , which lists typical water usage for multi-family residential land use as 60 gallons/capita/day (gpcd). Assuming 2.94 people per household in Cupertino, this equates to 176 gallons/day per dwelling unit.18 Table 4.15-1, Increase in Water Demand with 2040 Buildout, provides the estimated increase in water demand for the proposed Modified Project.
17 As described in Section 4.15.1.1, Regulatory Framework, implementation of CALGreen site development standards for water efficiency and water conservation reduce water consumption by 20 percent. 18 The SJW water usage for multi-family land uses of 60 gallons per day per capita is used for both water districts for consistency in the analysis.
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TABLE 4.15-1 INCREASE IN WATER DEMAND WITH 2040 BUILDOUT Water Purveyor
Number
(DUs) Water Use Factor
Increase in Water
Demand (gpd)a
Increase in Water
Demand (AFY)
Cal Water LAS 1,656 176 gpd/DU 291,456 326
San Jose Water 1,656 176 gpd/DU 291,456 326
Total 3,312 582,912 653
Notes: DUs = dwelling units; gpd = gallons per day; AFY = acre feet per year; gpcd = gallons per capita per day a. Demand calculations do not account for water conservation efforts and the effect of reduced water demand for new construction due to compliance with the CALGreen Building Code and the latest California Plumbing Code.
Source: PlaceWorks, 2024
Cal Water LAS Water Supply and Demand
Because Cal Water LAS serves Los Altos, Los Altos Hills, Cupertino, a small portion of Sunnyvale, and unincorporated areas of Santa Clara County, the proportion of 2040 water demand that would be attributed to Cupertino was determined based on the increase in populations of Los Altos, Los Altos Hills, and Cupertino between 2020 and 2040. Cupertino provides the majority of the overall water demand in the Cal Water LAS service area. The population estimates were obtained from the Plan Bay Area 2040.19 The population projections show that 73 percent of the overall growth within the Cal Water LAS service area will be in Cupertino, and the population density is higher in Cupertino. Because approximately half of Cupertino is within the Cal Water LAS service area, it is assumed that 50 percent of the increase in water demand in 2040 in the Study Area will be in the Cal Water LAS service area. A supply and demand analysis is provided in Table 4.15-2, Increase in Water Demand in Cal Water LAS Service Area with Proposed Modified Project.
TABLE 4.15-2 CAL WATER LAS SERVICE AREA WITH PROPOSED MODIFIED PROJECT Normal Year
2020 Existing
Demand
(AFY)
2020 to 2040
Projected
Demand
Increase
(AFY)
2040 Total
Water Demand
(AFY)
2040 Projected
Water Supply
(AFY)
2040 Demand
Exceeds Supply?
Cal Water Total Service
Area, from 2020 UWMP 13,087 414 13,766 13,766 No
Cupertino Service Area, with
2040 Modified Project 6,543.5 a 326 b 6,870 6,883 c No
Notes: AFY = acre feet per year
a. Assumed to be 50 percent of total water demand as reported in Cal Water’s UWMP. b. Based on projected buildout under the proposed project, as shown in Table 4.17-1, Increase in Water Demand with 2040 Buildout. c. Assumed to be 50 percent of total water supply as reported in Cal Water’s UWMP.
Source: Cal Water, 2021, 2020 Urban Water Management Plan; PlaceWorks, 2024.
19 Association of Bay Area Governments, 2018. Plan Bay Area Projections 2040.
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The sources of water supply for Cal Water LAS are a combination of groundwater, recycled water, and purchased water from Valley Water, which is the wholesale water provider for Santa Clara County and imports water through the South Bay Aqueduct of the California State Water Project and the San Felipe Division of the federal Central Valley Project. Approximately 79 percent of Cal Water LAS’s water supply is surface water purchased from Valley Water.
Cal Water LAS also pumps groundwater from the Santa Clara Subbasin to supplement its surface water supplies. In 2020, Cal Water LAS pumped 2,729 AFY for this groundwater basin, which is about 21 percent of the total water supply. The Santa Clara Subbasin is not adjudicated, meaning a court has not issued a ruling over the legal rights to the water of the water users within the basin, and the basin is not in a condition of critical overdraft. Valley Water is the GSA for this subbasin and prepared an Alternative GSP , which has been approved by DWR. The Alternative GSP provides conditions to maintain sustainable groundwater management of the basin.
Cal Water LAS also uses a small amount of recycled water from the Sunnyvale Water Pollution Control Plant. The recycled water infrastructure is limited in Cupertino to the Apple Campus 2 site at this time, but Cal Water LAS is pursuing other potential recycled water service connections. 20 Cal Water LAS supply and
demand comparison for normal, single-dry year, and multiple-dry years through 2040 are provided in Table 4.15-3, Cal Water PAS Supply and Demand Comparison: 2025 to 2040 (AFY).
TABLE 4.15-3 CAL WATER LAS SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Normal Year
Supply Totals 13,107 13,103 13,424 13,766
Demand Totals 13,107 13,103 13,424 13,766
Difference 0 0 0 0
Single Dry Year
Supply Totals 13,702 13,698 14,029 14,381
Demand Totals 13,702 13,698 14,029 14,381
Difference 0 0 0 0
Multiple Dry Years
First Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Second Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
20 Cal Water, 2021, 2020 Urban Water Management Plan.
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TABLE 4.15-3 CAL WATER LAS SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Third Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Fourth Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Fifth Year
Supply Totals 14,070 14,066 14,404 14,761
Demand Totals 14,070 14,066 14,404 14,761
Difference 0 0 0 0
Source: Cal Water, 2021, 2020 Urban Water Management Plan.
As can be seen in Table 4.15-3, Cal Water -LAS predicts that there will be sufficient water supplies to meet demand through year 2040 during normal, single-dry, and multiple-dry years. In addition, the table shows that during single-dry years and multiple-dry years, the water demand will increase. However, the supply will meet the demand under normal and drought conditions.
The Cal Water LAS 2020 UWMP also assumes that water conservation efforts would result in a decrease in per capita water demand, even with population increases. The Cal Water LAS 2020 UWMP shows future conservation savings of 474 AFY in 2040. The calculations provided in Table 4.15-1, Increase in Water Demand with 2040 Buildout, do not account for water conservation efforts and the effect of reduced water demand for new construction due to compliance with the CALGreen Building Code and the latest California Plumbing Code.
Cal Water LAS will continue to implement water conservation measures, including rebate, give-away, and direct installation programs aimed at plumbing fixture replacement, irrigation equipment, and landscape efficiency. Cal Water LAS has a rebate program for high-efficiency toilet replacement, high-efficiency urinal replacement, and high-efficiency clothes washer replacement. Cal Water LAS also has residential conservation kits that are free, with high-efficiency showerheads, bathroom and kitchen faucet aerators, toilet leak tables, and an outside full-stop hose nozzle. For outdoor water use, Cal Water provides rebates for smart irrigation controllers, high-efficiency sprinkler nozzles, large rotary nozzle replacement, spray bodies with pressure regulation and check valves, and turf replacement. Cal Water also provides landscape audits and sprinkler adjustments at no charge, technical assistance through the residential customer portal, and commercial water surveys. Continued implementation of these programs will ensure that per capita water demand decreases over time, even as the service area population increases. In the event of drought conditions, Cal Water LAS’s Water Shortage Contingency Plan would be activated with water restrictions ranging from 10 percent to greater than 50 percent. At a Stage 6 level (demand greater than 50 percent), a moratorium on new water service connections would be implemented.
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San Jose Water Supply and Demand
San Jose Water (SJW) provides potable water to approximately one million residents in Santa Clara County, including the cities of San Jose, Campbell, Saratoga, Monte Sereno; the town of Los Gatos; and unincorporated areas of Santa Clara County. In addition, SJW operates and maintains the Cupertino Municipal Water System through a lease agreement. Most of the service area is built out and new development is primarily urban infill projects. Most of the future growth in the SJW service area is expected to be multi-family residential.21
The proportion of 2040 water demand that would be attributed to Cupertino was determined based on the populations of the cities and towns within SJW’s service area, as obtained from the Bay Area Plan Projections 2040.22 The population of San Jose represents approximately 84 percent of the service area, and Cupertino is the second largest population of the service area at 7 percent. Therefore, it is assumed that 7 percent of the current and future water demand within the SJW service area can be attributed to the Study Area. A supply and demand analysis is provided in Table 4.15-4, Increase in Water Demand in SJW Area with Proposed Modified Project.
TABLE 4.15-4 INCREASE IN WATER DEMAND IN SJW SERVICE AREA WITH PROPOSED MODIFIED PROJECT Normal Year
2020 Existing
Demand
(AFY)
2020 to 2040
Projected
Demand
Increase
(AFY)
2040 Total
Water Demand
(AFY)
2040 Projected
Water Supply
(AFY)
2040 Demand
Exceeds Supply?
SJW Total Service Area, from
2020 UWMP 123,952 14,626 138,578 138,578 No
Cupertino Service Area, with
Proposed Modified Project 8,677 a 326 b 9,003 9,700 c No Notes: AFY = acre feet per year
a. Assumed to be 7 percent of total water demand as reported in Cal Water’s UWMP. b. Based on projected buildout under the proposed project, as shown in Table 4.17-1, Increase in Water Demand with 2040 Buildout. c. Assumed to be 7 percent of total water supply as reported in Cal Water’s UWMP.
Source: Cal Water, 2021, 2020 Urban Water Management Plan; PlaceWorks, 2023.
SJW has four sources of water supply: purchased surface water from Valley Water, groundwater from the Santa Clara Basin (managed by Valley Water), surface water from local watersheds, and recycled water.
SJW’s strategy is to maximize the use of local surface water, use up to the maximum of purchased water contract amounts, and supplement the remaining supply needs with groundwater . Purchased water from Valley Water makes up over half of SJW’s total water supply. SJW also pumps groundwater from the Santa Clara Basin. In 2020, SJW pumped 53,276 AF for this groundwater basin, which is about 43 percent of the total water supply. The Santa Clara Subbasin is not adjudicated, and the basin is not in a condition of critical overdraft.
21 San Jose Water, 2021. 2020 Urban Water Management Plan. 22 Association of Bay Area Governments, 2018. Plan Bay Area Projections 2040.
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SJW also diverts surface water from Saratoga Creek and Los Gatos Creek watershed, which accounts for about 3 percent of the total water supply. Recycled water use has increased over the years, and now makes up about 2 percent of the total water supply.23 However, SJW does not have a recycled water distribution system that extends into the Study Area.
SJW supply and demand comparison for normal, single-dry year, and multiple-dry years through 2040 are provided in Table 4.15-5, SJW Supply and Demand Comparison: 2025 to 2040 (AFY). The 2020 UWMP has supply and demand values in million gallons per year; these values have been converted to AFY to be consistent with the rest of the analysis.
TABLE 4.15-5 SJW SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Normal Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Single Dry Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Multiple Dry Years
First Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Second Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Third Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Fourth Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
23 San Jose Water, 2021. 2020 Urban Water Management Plan GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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TABLE 4.15-5 SJW SUPPLY AND DEMAND COMPARISON: 2025 TO 2040 (AFY) 2025 2030 2035 2040
Fifth Year
Supply Totals 135,648 135,875 136,654 139,956
Demand Totals 135,648 135,875 136,654 139,956
Difference 0 0 0 0
Source: Cal Water, 2021, 2020 Urban Water Management Plan.
As can be seen in Table 4.15-5, SJW has sufficient water supplies to meet demands under normal year, single-dry year, and multiple-dry year conditions. Similarly, Valley Water, which is the wholesale water provider for SJW , states in their 2020 UWMP that they have sufficient water supplies to meet all of their water retailers’ demands under normal and drought conditions.
As in the case with Cal Water LAS, SJW would implement its Water Shortage Contingency Plan during drought conditions. SJW has had a consumer water checkup program called “CATCH” since 1991 that provides free water audits to all of its customers and includes irrigation systems. Valley Water also offers many conservation rebates on SJW’s behalf, including turf replacement, rain barrels, smart irrigation systems, low-flow showerheads, and graywater laundry-to-landscape systems. These programs and continued consumer water conservation education, as well as new construction compliance with CALGreen and the latest plumbing codes, will continue to reduce per capita water demands in the future.
In summary, there are sufficient water supplies to meet demands under normal years and drought conditions.
The General Plan EIR also found that the Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of General Plan 2040 include policies and strategies that would protect water resources and promote water conservation as a result of future potential development under the proposed Modified Project. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on water services:
Policy ES-1.1. Principles of Sustainability. Incorporate principles of sustainability into Cupertino’ planning, infrastructure, and development process in order to improve the environment, reduce greenhouse gas emissions and meet the needs of the community without compromising the needs of future generations. (General Plan EIR Policy 5-1)
Strategy ES-1.1.1. Climate Action Plan (CAP). Adopt, implement, and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements. This qualified greenhouse gas emissions reduction plan, by BAAQMD’s definition, will allow for future project CEQA streamlining and will identify measures to:
Reduce energy use through conservation and efficiency. Reduce fossil fuel use through multi-modal and alternative transportation. Maximize use of and, where feasible, install renewable energy resources. Increase citywide water conservation and recycled water use.
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Accelerate Resource Recovery through expanded recycling, composting, extended producer responsibility, and procurement practices, and
Promote and incentivize each of those efforts to maximize community participation and impacts. Integrate multiple benefits of green infrastructure with climate resiliency and adaptation. Strategy ES-1.1.3. Climate Adaptation and Resiliency. Conduct a climate vulnerability assessment and set preparedness goals and strategies to safeguard human health and community assets susceptible to the impacts of a changing climate (e.g., increased drought, wildfires, flooding). Incorporate these into all relevant plans, including Emergency Preparedness Plan, Local Hazard Mitigation Plan, Dam Failure Plan, Climate Action Plan, Watershed Protection Plan, and Energy Assuredness Plan. Policy ES-3.1. Green Building Design. Set standards for the design and construction of energy and resource conserving/efficient building.
Strategy ES-3.1.1. Green Building Program. Periodically review and revise the City’s Green Building ordinance to ensure alignment with CALGreen requirements for all major private and public buildings projects that ensure reduction in energy and water use for new development through site selection and building design.
Strategy ES-3.1.2. Staff Training. Continue to train appropriate City staff in the design principles, costs, and benefits of sustainable building and landscape design. Encourage City staff to attend external trainings on these topics and attain relevant program certifications (e.g., Green Point Rater, Leadership in Energy & Environmental Design (LEED) Accredited Professional). Strategy ES-3.1.3. Green Buildings Informational Seminars. Conduct and/or participate in Green Building informational seminars and workshops for members of the design and construction industry, land development, real estate sales, lending institutions, landscaping and design, the building maintenance industry and prospective project applicants. Strategy ES-3.1.4. Green Building Demonstration. Pursue municipal facility retrofits, through a Green Capital Improvement Program (CIP), and new construction projects that exceed CALGreen and achieve third-party certification criteria (e.g., LEED, Living Building Challenge, Zero Net Energy) as a means of creating demonstration spaces for developer and community enrichment. Policy ES-7.6. Other Water Sources. Encourage the research of other water sources, including water reclamation.
Strategy ES-7.8.1. Inter-Agency Coordination. Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures, such as hydromodification controls as established by the Municipal Regional Permit.
Policy ES-7.9. Inter-Agency Coordination for Water Conservation. Continue to coordinate citywide water conservation and regional water supply problem solving efforts with the Santa Clara Valley Water District (SCVWD), San Jose Water Company, and California Water Company. (General Plan EIR Policy 5-29)
Strategy ES-7.9.1. Water Conservation Measures. Implement water conservation measures and encourage the implementation of voluntary water conservation measures from the City’s water retailers and SCVWD. (General Plan EIR Policy 6-19)
Policy ES-7.10. Public Education Regarding Resource Conservation. Provide public information regarding resource conservation.
Strategy ES-7.10.1. Outreach. Continue to send educational information and notices to households and businesses with water prohibitions, water allocations, and conservation tips. Continue to offer GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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featured articles in the Cupertino Scene and Cupertino Courier. Consider providing Public Service Announcements on the City’s Channel and Cupertino Radio. Strategy ES-7.10.2. Demonstration Gardens. Consider including water-wise demonstration gardens in some parks where feasible as they are re-landscaped or improved using drought tolerant native and non-invasive, and non-native plants.
Policy ES-7.11. Water Conservation and Demand Reduction Measures. Promote efficient use of water throughout the City in order to meet State and regional water use reduction targets. Strategy ES-7.11.1. Urban Water Management Plan. Collaborate with water retailers serving the City in the preparation of their Urban Water Management Plan, including water conservation strategies and programs.
Strategy ES-7.11.2. Water Conservation Standards. Comply with State water conservation standards by either adopting the State standards or alternate standards that are equally efficient. Strategy ES-7.11.3. Recycled Water System. Continue to work with water retailers to promote and expand the availability of recycled water in the City for public and private use. Strategy ES-7.11.4. Recycled Water in Projects. Encourage and promote the use of recycled water in public and private buildings, open space and streetspace planting. Strategy ES-7.11.5. On-Site Recycled Water. Encourage on-site water recycling including rainwater harvesting and gray water use.
Strategy ES-7.11.6. Water Conservation Programs. Benchmark and continue to track the City’s public and private municipal water use to ensure ongoing accountability and as a means of informing prioritization of future agency water conservation projects. Strategy ES-7.11.7. Green Business Certification and Water Conservation. Continue to support the City’s Green Business Certification goals of long-term water conservation within City facilities, vegetated stormwater infiltration systems, parks and medians, including installation of low-flow toilets and showers, parks, installation of automatic shut-off valves in lavatories and sinks and water efficient outdoor irrigation.
Policy INF-1.1. Infrastructure Planning. Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and requirements for development. Strategy INF-1.1.1. Capital Improvement Program. Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040.
Strategy INF-1.1.2. Design Capacity. Ensure that the public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over-sizing of infrastructure to avoid fiscal impacts or impacts to other goals. Strategy INF-1.1.3. Coordination. Require coordination of construction activity between various providers, particularly in City facilities and rights-of-way, to ensure that the community is not unnecessarily inconvenienced. Require that providers maintain adequate space for all utilities when planning and constructing their infrastructure.
Policy INF-1.2. Maintenance. Ensure that existing facilities are maintained to meet the community’s needs.
Policy INF-1.3. Coordination. Coordinate with utility and service providers to ensure that their planning and operations meet the City’s service standards and future growth. Policy INF-1.4. Funding. Explore various strategies and opportunities to fund existing and future infrastructure needs.
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Strategy INF-1.4.1. Existing Infrastructure. Require developers to expand or update existing infrastructure to increase capacity, or pay their fair share, as appropriate. Strategy INF-1.4.2. Future Infrastructure Needs. For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels.
Strategy INF-1.4.3. Economic Development. Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase opportunities for municipal revenue. Policy INF-2.5. Recycled Water Infrastructure. Plan for citywide access to recycled water and encourage its use.
Strategy INF-2.5.1. Availability. Expand the availability of a recycled water system through public infrastructure projects and development review.
Strategy INF-2.5.2. Use. Encourage private and public projects to incorporate the use of recycled water for landscaping and other uses.
Strategy INF-2.5.3. City Facilities. Design and retrofit City buildings, facilities and landscaping to use recycled water, to the extent feasible.
Policy INF-3.1. Coordination With Providers. Coordinate with water providers and agencies in their planning and infrastructure process to ensure that the City continues to have adequate supply for current needs and future growth.
Strategy INF-3.1.1. Maintenance. Coordinate with providers to ensure that water and recycled water delivery systems are maintained in good condition.
Policy INF-3.2. Regional Coordination. Coordinate with State and regional agencies to ensure that policies and programs related to water provision and conservation meet City goals.
The City will continue to coordinate with Cal Water LAS and SJW on conservation efforts, demand management measures promoted by the water districts, and implementation of water use restrictions as per the WSCPs. Additionally, future development under the proposed Modified Project would be required to implement the water-efficient requirements specified in the CALGreen and California Plumbing Codes and the WELO requirements for water efficient landscaping. Future potential development under the proposed Modified Project that meet the criteria under California Water Code Section 10912 would be required to prepare a WSA that demonstrates that project water demands would not exceed water supplies. In addition, existing residential, commercial, and industrial land uses can be expected to decrease their water demands in the future as a result of the implementation of water conservation practices.
According to the 2020 UWMPs for Cal Water LAS and SJW , there are sufficient water supplies available to meet the demands of all of their customers during normal, single-dry, and multiple-dry years through 2045. Compliance with the General Plan 2040 goals, policies and strategies, implementation of the WSCPs during dry periods, and continued water conservation efforts would reduce water demand with respect to water supplies. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts to shortage of water supplies beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
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UTIL-2 Implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects.
As described in the General Plan EIR, the water demand associated with the Approved Project would be served with available and planned water supplies provided by Cal Water LAS and SJ W. Additionally, future development under the Approved Project would be located within already developed urban areas and therefore, would connect to an existing water distribution system. Thus, the Approved Project would not result in water demands that would require the construction of new water treatment facilities or the expansion of existing facilities.
As described in Impact Discussion UTIL-1, both Cal Water LAS and SJW have sufficient water supplies to meet the demands of their customers during normal, single-dry, and multiple-dry years. In addition, the WSCPs contain water demand mitigation measures that would be implemented during extended drought periods, and each water agency is required to submit an annual report to DWR to assess whether there will be a water shortage in the coming year and what water demand reduction measures will be adopted to address the shortages.
Future potential development under the proposed Modified Project would be primarily in urban infill areas that are already connected to the water distribution systems of the two water purveyors. Both water agencies that serve the Study Area have existing water distribution systems that can supply the Study Area without the need to expand their facilities. Therefore, no new water facilities or expansions of existing facilities are needed for implementation of the proposed Modified Project.
Both water purveyors that serve the Study Area receive treated water from Valley Water and do not have their own water treatment plants. Valley Water operates three water treatment plants that clean and disinfect imported water that is stored in four local reservoirs. The treatment plants are:
Rinconada Water Treatment Plant. This facility can treat and deliver up to 80 million gallons of water per day for retailers who supply customers in the West Valley, including the cities of Santa Clara, Campbell, Sunnyvale, Cupertino, Mountain View, Monte Sereno, Saratoga and Los Altos and the towns of Los Gatos and Los Gatos Hills.
Penitencia Water Treatment Plant. This facility can treat and deliver up to 40 million gallons of water per day and serves an area from Milpitas in the north to Aborn Road in the south. Santa Teresa Water Treatment Plant. This facility provides safe drinking water to most of South San Jose -Almaden Valley, Blossom Valley, and Santa Teresa and can treat and deliver up to 100 million gallons per day.
The three treatment plants can provide a combined 220 million gallons per day of safe drinking water.
According to Valley Water’s 2020 UWMP , there is a surplus of water supplies during normal, single-dry year, and multiple-dry years through the year 2045 and therefore, Valley Water has the capability of GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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supplying treated water to all of its retail customers.24 Therefore, no new water treatment facilities are required.
In summary, no new water treatment or distribution facilities would be needed with implementation of the proposed Modified Project and both water purveyors that serve the Study Area have capital improvement programs to monitor and upgrade their water distribution systems to accommodate future development. As with the future potential development assessed in the General Plan EIR, future potential development under the proposed Modified Project, would be required to comply with the City’s requirements for new construction, water-efficient landscaping, and adherence to the General Plan 2040 goals, policies, and strategies listed in Impact Discussion UTIL-1.
Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts with respect to the need for new and/or expanded water facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
UTIL-3 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to water service.
The General Plan EIR considered the service areas of Cal Water LAS and SJW for cumulative impacts. Cal Water, SJWC, and SCVWD UWMPs determine that the water supply will be sufficient to accommodate future demand in the Cal Water and SJWC service areas through 2035, and by extension through 2040, under normal circumstances. In the multiple dry years, with Cal Water, SJWC and SCVWD drought contingency plans in place, any shortages would be managed through demand reductions and other measures such as increased groundwater pumping.
The area considered for cumulative water supply impacts is the service areas of CalWater LAS and SJW.
Other future projects within these service areas would result in increases in water demand. However, cumulative water demands are not anticipated to require building new water treatment facilities or expansion of existing facilities beyond what is currently planned. Both water providers have adequate supplies to meet existing and future demands under normal and drought conditions through the year 2045.
Projects that meet the SB 610 criteria, such as residential projects with more than 500 dwelling units, would be required to prepare WSAs. The City and the water purveyors would review such projects for adequacy of water supply and the water purveyors would update the UWMP every five years to ensure that there are adequate water supplies and contingency plans for future residents and customers. All future potential development under the proposed Modified Project would require implementing water efficiency and water conservation measures, as per the CALGreen Building Code and the WELO irrigation requirements.
24 Valley Water, 2021. 2020 Urban Water Management Plan.
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All cumulative projects would require compliance with applicable City ordinances as well as local, State, and federal regulatory requirements. These regulations will result in a reduction in per capita water use over time. Therefore, the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to water supply beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
4.15.2 Wastewater
REGULATORY FRAMEWORK
Federal Regulations
Clean Water Act
The CWA of 1972 regulates the discharge of pollutants into watersheds throughout the nation. It is the primary federal law that governs water pollution and is implemented by the USEPA. Under the CWA, the USEPA sets wastewater standards and makes it unlawful to discharge pollutants from a point source into any navigable waters without obtaining a permit. Point sources include any conveyances, such as pipes and man-made drainage channels, from which pollutants may be discharged.
National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) permit program was established as part of the CWA to regulate municipal and industrial discharges to surface waters of the United States. Federal NPDES permit regulations have been established for broad categories of discharges, including point- source municipal waste discharges and nonpoint-source stormwater runoff. NPDES permits generally identify effluent and receiving water limits on allowable connections and/or mass emissions of pollutants contained in the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including industrial pretreatment, pollution prevention, self-monitoring, and other activities. Wastewater discharge is regulated under the NPDES permit program for direct discharges into receiving waters and by the National Pretreatment Program for indirect discharges to a wastewater (sewage) treatment plant.
State Regulations
State Water Resources Control Board
On May 2, 2006, the SWRCB adopted Statewide General Waste Discharge Requirements ([WDRs] Order No. 2006-0003) and a monitoring and reporting program (Order No. WQ-2013-0058-EXEC) for all publicly owned sanitary sewer collection systems in California with more than one mile of sewer pipes. The order provides a consistent statewide approach to reducing sanitary sewer overflows (SSO). The WDRs require public agencies that own or operate sanitary sewer systems to develop and implement sewer system management plans (SSMP) and report all SSOs to the SWRCB’s online reporting system. The SWRCB has delegated authority to nine RWQCBs to enforce these requirements within their regions.
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Regional Regulations
San Francisco Bay Regional Water Quality Control Board
The San Francisco Bay RWQCB (Region 2) was created as a result of the California Porter-Cologne Act. The RWQCB issues and enforces NPDES permits within Santa Clara County and the City of Cupertino, which includes permits for wastewater treatment plants (WWTPs) and industrial waste discharges. NPDES permits allow the RWQCB to regulate where and how waste is disposed, including the discharge volume and effluent limits of waste and the monitoring and reporting responsibilities of the discharger . The RWQCB is also charged with conducting inspections of permitted discharges and monitoring permit compliance.
Local Regulations
General Plan 2040
The Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to consider impacts to wastewater. Applicable goals, policies and strategies that would minimize potential adverse impacts to wastewater treatment and infrastructure are identified in Section 4.15.2.4, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives that pertain to wastewater. The CMC is organized by title, chapter, and section. Most provisions related to wastewater utilities are included in Title 15, Water and Sewage, Title 16, Building and Construction, and Title 17, Environmental Regulations, as follows:
Chapter 15.20, Sewage Disposal Systems, establishes standards for the approval, installation, and operation of individual onsite sewage disposal systems consistent with the California Regional Water Quality Board standards. In addition, this chapter requires that all properties upon issuance of any permit for building or use must be connected to the public sanitary sewer system, with the exception that a private sewage disposal system can be installed with written approval obtained from the Health Officer.
Chapter 16.58, Green Building Standards Code, adopts the latest 2022 California Green Building Standards Code, also known as CALGreen, with provisions for local amendments as required. The requirements regarding indoor water use and the installation of low-flow plumbing fixtures pertain indirectly to wastewater flow rates, as these water conservation efforts will decrease the amount of wastewater generated.
Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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documents required as part of a General Plan update. This chapter includes specific requirements for utilities and service systems permits.
Section 17.04.050 (I)(1), Manage Wastewater Inflow and Infiltration to Sewer System, ensures that project applicants implement the following measures to reduce wastewater flow:
a. The project applicant shall demonstrate, to the satisfaction of the City of Cupertino and Cupertino Sanitary District (CSD) that the project would not exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer system by implementing one or more of the following methods:
i. Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows, or
ii. Increase on-site water reuse, such as increased grey water use, or reduce water consumption of the fixtures used within the proposed project, or other methods that are measurable and reduce sewer generation rates to acceptable levels, to the satisfaction of the CSD.
The project’s estimated wastewater generation shall be calculated using the current generation rates used by the CSD unless alternative (i.e., lower) generation rates achieved by the project are substantiated by the project applicant based on evidence to the satisfaction of the CSD.
b. The project applicant shall obtain a letter of clearance from the Cupertino Sanitary District and provide a copy of the letter of clearance to the City prior to issuance of the first permit.
Cupertino Sanitary District Operations Code
The Cupertino Sanitary District (CSD) Operations Code was adopted in 2016 and has been updated periodically, with the latest update adopting new rates for Fiscal Year 2022 to 2023. The Code provides general rules of construction, operation, and maintenance. Chapter IV of Cupertino Sanitary CSD’s Operations Code requires all new buildings within the CSD to be connected to the CSD sewer system and all land development projects to include provisions for future buildings to connect to the CSD’s sewer system. Chapter V provides the construction requirements, standard plans and specifications, and payment of inspection fees. Chapter VI of the CSD’s Operations Code requires critical users whose wastewater contains priority pollutants to obtain a Wastewater Discharge Permit for before connecting to or discharging into a CSD’s sewer and provides requirements for pretreatment of industrial waste. Chapter VII outlines the requirements for connection permits and fees as well as sewer service charges.
CSD Sewer System Management Plan
The latest CSD Sewer System Management Plan (SSMP) was certified in May 2021. 25 The purpose of the
SSMP is to provide the framework for properly managing, operating, and maintaining all parts of the sanitary sewer system in order to minimize the number of SSOs and mitigate any SSOs that do occur . The SSMP describes how the sanitary sewer system is operated and maintained, efforts to minimize infiltration
25 Cupertino Sanitary District, 2021., Sewer System Management Plan (SSMP), Prepared by Mark Thomas & Company, Inc.
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and inflow, design and performance standards, overflow emergency response plan, a fats, oil and grease control program, and monitoring and audit requirements. As required by law, the SSMP must be updated every five years and must be developed in compliance with the requirements of the SWRCB Waste Discharge Requirements Order No. 2006-003-DWQ, Amended Monitoring and Reporting Program Order No. WQ 2008-002-EXEC, and Order No. WQ 2013-0058-EXEC.
CSD Inflow and Infiltration Reduction Program
CSD has an ongoing program to identify and reduce Inflow and Infiltration (I/I) into the sewer system.
Inflow is stormwater that enters the system through illicit connections and infiltration is stormwater and groundwater that enter the system through laterals, sewer mains, and manholes. These flows can limit the capacity of the sewer system to convey wastewater flows, especially during wet weather, where it can contribute up to 50 percent of the peak flow. The program is aimed at reducing the amount of peak flow entering the CSD sewer system to lower the risk of SSOs and decrease the costs of conveying and treating wastewater. CSD uses Sewer System Evaluation Surveys to evaluate the condition of sewer and the likely sources of I/I via smoke testing and closed-circuit television inspections. Once the sources of I/I have been identified, repairs to broken pipes, manholes, and joint connections are made. The program also meters sewer flows during rainfall events to identify areas of high flows. This information is data for running a hydraulic model of the CSD sewer system and assess whether there is sufficient capacity available to accommodate new development.
26 Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to wastewater associated with buildout of the General Plan 2040 at a program level. The setting for wastewater is described in detail under Existing Conditions in Section 4.14.2, Wastewater, of the General Plan EIR.
Since the certification of the General Plan EIR, the City has codified regulations equivalent to the General Plan EIR mitigation measures to reduce wastewater flow in the CMC Chapter 17.04, Standard Environmental Protection Requirements, as described under the Municipal Code heading in Section
4.15.1.1, Regulatory Framework. Section 17.04,050 (I)(1) incorporates Mitigation Measures UTIL-6a through UTIL-6c, which require project applicants to work with the City and CSD to ensure projects would not exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer system. Thus, these mitigation measures are no longer necessary.
26 Cupertino Sanitary District, 2024. Peak Flow Reduction Program. Cupertino 2021 Annual Report. https://j.b5z.net/i/u/10207194/f/Annual%20Reports/CSUD_2021_Annual_Report_Layout_1_RS_FINAL_FOR_PRINT.pdf accessed on January 18, 2024.
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STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant wastewater impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-4. Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects?
LTS LTS
UTIL-5. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
LTS LTS
UTIL-6. Result in a cumulatively considerable impact with respect to wastewater services? LTS LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
IMPACT DISCUSSION
UTIL-4 Implementation of the proposed Modified Project would not require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects.
The General Plan EIR concluded that future demands from the Approved Project would not exceed the design or permitted capacity of the wastewater treatment plants serving the Study Area (SJ/SCWPCP and SWPCP). Additionally, the potential impacts to the collection system would be addressed through applicable General Plan policies and the mitigation measures identified in Impact Discussion UTIL-6 of the General Plan EIR.
Cupertino Sanitary District (CSD) provides sanitary sewer service to most of the City of Cupertino, portions of Saratoga, Sunnyvale, Los Altos and surrounding unincorporated areas by maintaining, repairing, replacing, and inspecting all wastewater lines and providing emergency sanitary sewer overflow (SSO) response. However , a small portion in the northeastern section of the City east of Finch Avenue and south of Stevens Creek Boulevard is served by the City of Sunnyvale.
Cupertino does not operate a wastewater treatment plant. The collected wastewater is conveyed to the San Jose/Santa Clara Regional Wastewater Facility (RWF) through sewer mains and interceptor lines shared with both the cities of San Jose and Santa Clara pursuant to a joint use agreement. As of 2020, the RWF treat 110 million gallons per day (mgd) of wastewater, with a permit capacity of 167 mgd. 27 Future development under the Modified Project would result in an increase in wastewater with the addition of 3,312 new housing units. According to SJW’s 2020 UWMP , indoor water use for multi-family residences is 42 gallons per capita per day (gpcd) and there are an average of 2.94 people per household
27 City of San Jose, 2024. San Jose-Santa Clara Regional Wastewater Facility. https://www.sanjoseca.gov/home/showpublisheddocument/32061/637267825445900000 accessed on January 18,2024.
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in Cupertino. Wastewater demand is assumed to be 100 percent of the indoor water demand, which is conservative, in that the projected demand is higher than actual conditions.
TABLE 4.15-6 INCREASE IN WASTEWATER DEMAND WITH PROPOSED MODIFIED PROJECT DUs
Number of People Per
Household
Wastewater Use
Factor (gpcd)
Increase in
Wastewater Deman
(gpd)
Increase in
Wastewater Demand
(mgd)
3,312 2.94 42 408,966 0.41
Notes: DUs = dwelling units; gpcd = gallons per capita per day; gpd = gallons per day; mgd – million gallons per day Source: PlaceWorks, 2023
The increase in wastewater demand due to future potential development under the proposed Modified Project is estimated to be approximately 0.41 mgd. As of 2020, the RWF is treating 110 mgd with a permitted capacity of 167 mgd. Therefore, the wastewater treatment facility has a residual capacity of 57 mgd and the addition of 0.41 mgd from implementation of the proposed Modified Project is only 0.7 percent of the residual capacity.
CSD has a contract with the RWF that limits its discharge to 7.875 mgd, of which CSD discharged approximately 4.25 mgd in 2017. Therefore, CSD uses only about 54 percent of its allowable capacity. The RWF would be able to accommodate the wastewater flows from the proposed Modified Project in addition to the current and future flows from other contributors to the RWF’s wastewater flow rates.
The trunk interceptors owned by the cities of San Jose and Santa Clara that convey flow from the CSD collection system to the RWF were also assessed to determine if they have the capacity to serve the future potential development under the proposed Modified Project. Approximately 0.56 mgd is conveyed via the San Jose joint interceptor and 3.69 mgd is conveyed via the Santa Clara joint interceptor. The City of Santa Clara concluded that their joint interceptor has adequate capacity; CSD has an allowable maximum wet weather flow capacity of 13.5 mgd in this system. In 2017, the maximum wet weather flow peaked at 9.6 mgd, which leaves a residual capacity of 3.9 mgd. 28 CSD has agreements with these cities
for sharing costs related to the construction, operation, and maintenance of the joint use sanitary sewers.29
Only one of the proposed housing opportunity sites under the proposed Modified Project is within the Sunnyvale sewer collection system, which is in a small part of the Study Area east of Finch Avenue and south of Stevens Creek Boulevard. Wastewater from this area is conveyed to the Sunnyvale Water Pollution Control Plant (WPCP). The NPDES permit for the WPCP allows inflows to the facility of up to 29.5 mgd. Currently, the WPCP processes about 13.5 mgd.30 Therefore, there is a residual capacity of 16 mgd, and buildout of one housing opportunity site within the area served by Sunnyvale sewer collection system would not exceed the treatment capacity of the WPCP or adversely affect the capacity of the sewer collection system.
28 Cupertino Sanitary District, 2018. 10-Year District-Wide Capital Improvement Master Plan 29 Cupertino Sanitary District, 2018. 10-Year District-Wide Capital Improvement Master Plan. 30 City of Sunnyvale, 2020. Sunnyvale Water Pollution Control Plant Master Plan – Secondary Treatment and Dewatering Facility Project. Addendum to the Program Environmental Impact Report.
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In addition, the CSD is also implementing sewer collection improvement projects as recommended in the 10-Year District-Wide Capital Improvement Project Master Plan. The goal is to replace and upgrade pump station capacities, upgrade portions of the sewer infrastructure with larger pipe sizes to correct deficiencies and accommodate future growth, improve wet weather capacity, and reduce I/I.
The General Plan EIR also found that the Environmental Resources and Sustainability (ES) and the Infrastructure (INF) Elements of General Plan 2040 include policies and strategies that ensure adequate wastewater treatment capacity and infrastructure under the proposed Modified Project. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on wastewater services:
Policy ES-7.7. Industrial Water Recycling. Encourage industrial projects, in cooperation with Cupertino Sanitary District, to have long-term conservation measures, including recycling equipment for manufacturing and water supplies in the plant. (General Plan EIR Policy 5-26) Policy INF-1.1. Infrastructure Planning. Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and requirements for development. Strategy INF-1.1.1. Capital Improvement Program. Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040.
Strategy INF-1.1.2. Design Capacity. Ensure that the public infrastructure is designed to meet planned needs and to avoid the need for future upsizing. Maintain a balance between meeting future growth needs and over-sizing of infrastructure to avoid fiscal impacts or impacts to other goals. Strategy INF-1.1.3. Coordination. Require coordination of construction activity between various providers, particularly in City facilities and rights-of-way, to ensure that the community is not unnecessarily inconvenienced. Require that providers maintain adequate space for all utilities when planning and constructing their infrastructure.
Policy INF-1.2. Maintenance. Ensure that existing facilities are maintained to meet the community’s needs.
Policy INF-1.3. Coordination. Coordinate with utility and service providers to ensure that their planning and operations meet the City’s service standards and future growth. Policy INF-1.4. Funding. Explore various strategies and opportunities to fund existing and future infrastructure needs.
Strategy INF-1.4.1. Existing Infrastructure. Require developers to expand or update existing infrastructure to increase capacity, or pay their fair share, as appropriate. Strategy INF-1.4.2. Future Infrastructure Needs. For new infrastructure, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels.
Strategy INF-1.4.3. Economic Development. Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase opportunities for municipal revenue. Policy INF-5.1. Infrastructure. Ensure that the infrastructure plans for Cupertino’s wastewater system providers continue to meet the City’s current and future needs. Strategy INF-5.1.1. Coordination. Coordinate with the Cupertino Sanitary District on their Master Plan and the Sunnyvale Treatment Plant to develop a comprehensive capital improvement program to ensure adequate capacity for future development anticipated with General Plan buildout.
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Strategy INF-5.1.2. Development. Require developers to pay their fair share of costs for, or in some cases construct, infrastructure upgrades to ensure that service levels are met. (General Plan EIR Policy 7-4)
Policy INF-5.2. Demand. Look for ways to reduce demand on the City’s wastewater system through implementation of water conservation measures.
Implementation of the proposed Modified Project would not require the construction or expansion of the wastewater treatment plants or the sewer collection systems beyond what is already planned or under construction under the Approved Project. Adherence to the CMC requirements as well as the General Plan 2040 goals, policies, and strategies would also reduce wastewater generation rates over time. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts associated with the sewer collection and treatment systems beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
UTIL-5 Implementation of the proposed Modified Project would not result in the determination by the wastewater treatment provider, which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.
As described in the General Plan EIR, specific capacity deficiencies were identified under the Approved Project, including sewer lines serving the City Center area, and lines on Stelling Road and Foothill Boulevard. City Center is the general area at the southeast quadrant of the intersection of De Anza Blvd and Stevens Creek Blvd. Future potential development that substantially increases wastewater capacity, including projects under the Approved Project, could result in wastewater flows that exceed the collection system capacity. To address this possibility, the CSD requires developers of substantial projects to demonstrate that adequate capacity exists, or to identify the necessary mitigations. Further, future potential development in the portion of the Heart of the City Special Area east of Finch Avenue and south of Stevens Creek Boulevard could result in wastewater flows to the City of Sunnyvale that exceed the downstream pipe capacity if large office developments are allowed. This Special Area does allow office use of the entire corridor with appropriate mitigation measures. However, development adjacent to the single-family residences on the east side along Stevens Creek Boulevard would not be large office campuses due to the small size of the properties and the need to maintain compatibility with adjoining single-family residential uses. As far as treatment systems, the projected additional wastewater generated by the Approved Project, over and above the current General Plan 2040 flows, are calculated to be 1.45 mgd and would exceed the contractually available treatment capacity by 0.85 mgd.
As described in Impact Discussion UTIL-4, much of the wastewater generated in the Study Area would be conveyed to the RWF. It is currently permitted to treat up to 29.5 mgd and currently processes about 13.5 mgd. CSD has a contract with the RWF that limits its discharge to 7.875 mgd, of which CSD discharged approximately 4.25 mgd in 2017. Therefore, CSD uses only about 54 percent of its allowed capacity.
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The estimated increase in wastewater flows is conservative because there likely will be declining rates of wastewater generation over time, as new projects would be required to comply with the California Plumbing Code and CALGreen and implement active and passive water conservation measures. This would also reduce the amount of wastewater produced per dwelling unit. Future development would also be required to undergo City review and abide by the City’s Standard Environmental Protection Requirements that pertain to wastewater. Additionally, the General Plan 2040 goals, policies, and strategies provided in Impact Discussion UTIL-4 require local planning and development decisions to consider impacts to wastewater collection and treatment systems.
With continued compliance with applicable state and federal regulations and the CMC and Standard Environmental Protection Requirements, wastewater generated by future potential development under the proposed Modified Project would not exceed the capacity of the respective wastewater treatment plants. Therefore, the proposed Modified Project would not result in a new or more severe impact or determination by the wastewater treatment provider that there is not adequate capacity to serve the project’s projected demand in addition to the demands of other wastewater dischargers beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
UTIL-6 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to wastewater service.
The context used for the cumulative assessment is the service area of San Jose Regional Wastewater Facility and the Sunnyvale Pollution Control Treatment Plant. In addition to wastewater discharged to these treatment plants by the City, there are other dischargers. For the RWF, the other dischargers are the cities of San Jose, Santa Clara, and Milpitas, West Valley Sanitation District (Campbell, Los Gatos, Monte Sereno, and Saratoga), County Sanitation Districts 2 and 3, and Burbank Sanitary District. The Sunnyvale PCTP just receives wastewater from Sunnyvale and a small portion of Cupertino.
As described in the General Plan EIR, buildout of the Approved Project would generate a minor increase in the volume of wastewater delivered for treatment at SJ/SCWPCP and SWPCP . This increase represents less than 1 percent of the available treatment capacity at the SJ/SCWPCP and SWPCP , and it would occur incrementally over a period of 26 years. Both the SJ/SCWPCP and SWPCP serving the Study Area currently use less than their design and permitted wastewater treatment capacity. Based on the recent trends of diminishing wastewater treatment demand and the projected population growth in the service areas, cumulative wastewater treatment demand under the Approved Project is far below the excess capacity of the SJ/SCWPCP and SWPCP .
The RWF treats an average of 110 mgd with a capacity of up to 167 mgd. The Sunnyvale PCTP processes about 13.5 mgs with a permitted capacity of up to 29.5 mgd. Therefore, both wastewater treatment facilities have adequate capacity to accommodate existing and future growth within their service areas.
In addition, both facilities have capital improvement programs that are currently under construction. The Sunnyvale Cleanwater Program will upgrade the City’s PCTP , which will result in new and more cost- GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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effective treatment technologies, more recycled water produced, and a cogeneration plant.31 The RWF’s capital improvement program includes rehabilitation of all stages of the treatment process for greater reliability, new biosolids dewatering and drying processes, and new methods of generating energy. The capital improvement program envisions two billion dollars in facility investments over a 30-year period, according to the RWF’s Master Plan.32
Future development within the service areas of the wastewater treatment plants would require compliance with all applicable regulations and ordinances. Projects would have to pay wastewater connection fees and monthly sewer service charges, which fund continued improvements to the wastewater collection and treatment systems.
Therefore, with continued compliance with applicable regulations and future reductions in wastewater demands with water conservative efforts, cumulative development would not exceed wastewater collection or treatment capacities. Accordingly, implementation of the proposed Modified Project would not result in new or more severe cumulatively considerable impacts related to wastewater beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
4.15.3 Stormwater
REGULATORY FRAMEWORK
The regulatory framework for stormwater is described in detail in Chapter 4.9, Hydrology and Water Quality, of this EA. The regulatory requirements that pertain solely to storm drain systems are repeated below.
Federal Regulations
National Pollutant Discharge Elimination System
Under the NPDES program, all facilities that discharge pollutants into waters of the U.S. are required to obtain an NPDES permit. Requirements for stormwater discharges are also regulated under this program.
In California, the NPDES permit program is administered by the SWRCB through the nine RWQCBs. The City of Cupertino lies within the jurisdiction of the San Francisco Bay RWQCB (Region 2) and is subject to the waste discharge requirements of the Phase I MS4 Permit (Order No. R2-2022-0018; NPDES No.
CAS612008) that regulates stormwater discharges from the cities, towns, and agencies within Alameda County, Contra Costa County, Santa Clara County, San Mateo County, and Solano County. The Santa Clara permittees under the MS4 permit include cities of Cupertino, Campbell, Los Altos, Milpitas, Monte
31 City of Sunnyvale, 2024. Sunnyvale Cleanwater Program. https://www.sunnyvalecleanwater.com/ accessed on January 19, 2024.
32 City of San Jose, 2024. Capital Improvement Program. https://www.sanjoseca.gov/your-government/departments- offices/environmental-services/water-utilities/regional-wastewater-facility/capital-improvement-program accessed on January 19, 2024.
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Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, the towns of Los Altos Hills and Los Gatos, the Santa Clara Valley Water District, and Santa Clara County.
State Regulations
SWRCB Construction General Permit
Construction activities that disturb one or more acres of land that could impact hydrologic resources must comply with the requirements of the newly reissued SWRCB Construction General Permit (Order WQ 2022-0057-DWQ; NPDES No. CAS000002), which was adopted on September 8, 2022, and becomes effective on September 1, 2023. Under the terms of the permit, applicants must file Permit Registration Documents (PRD) with the SWRCB prior to the start of construction. The PRDs include a Notice of Intent, risk assessment, site map, Stormwater Pollution Prevention Plan (SWPPP), annual fee, and a signed certification statement. The PRDs are submitted electronically to the SWRCB via the Stormwater Multiple Application and Report Tracking System (SMARTS) website.
Applicants must also demonstrate conformance with applicable best management practices (BMPs) and prepare a SWPPP containing a site map that shows the construction site perimeter , existing and proposed buildings, lots, roadways, stormwater collection and discharge points, general topography both before and after construction, and drainage patterns across the project site. The SWPPP must list BMPs that would be implemented to prevent soil erosion and discharge of other construction-related pollutants that could contaminate nearby water resources. Additionally, the SWPPP must contain a weekly visual monitoring program, a sampling program to ensure compliance with water quality standards, and on-site collection of samples and inspection of BMPs prior to, during, and after qualifying precipitation events. Water quality monitoring has a schedule based on the risk level of the site.
In addition, the City under Municipal Code 16.08.110 has the authority to require submittal of an interim and final Erosion and Sediment Control Plan (ESCP) for projects that require grading permits. The ESCP must describe the location and types of erosion and sediment control measures that will be implemented during the construction phase, vegetative measures such as erosion control planting and seeding, and calculation of maximum surface runoff amounts from the construction site. Projects subject to the SWRCB Construction General Permit may include the ESCP provisions within the SWPPP .
SWRCB Trash Amendments
On April 7, 2015, the SWRCB adopted an amendment to The Water Quality Control Plan for Ocean Waters of California to control trash. In addition, the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California added Part 1, Trash Provisions. Together, they are collectively referred to as “the Trash Amendments.” The Trash Amendments apply to all surface waters of California and include a land-use-based compliance approach to focus trash controls on areas with high 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.
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Track 2: Permittees must implement a plan with a combination of full capture systems, multi-benefit projects, institutional controls, and/or other treatment methods that have the same effectiveness as Track 1 methods.
The Trash Amendments provide a framework for permittees to implement their provisions. Full compliance must occur within 10 years of the permit, and permittees must also meet interim milestones such as average load reductions of 10 percent per year. The Trash Amendments require municipalities to install certified trash control systems, such as filters, on all catch basins no later than December 2, 2030. 33 Regional Regulations
Regional Stormwater MS4 Permit
Municipal stormwater discharge in the City of Cupertino is subject to the Waste Discharge Requirements (WDRs) of the MS4 Permit (Order No. R2-2022-0018 and NPDES Permit No. CAS612008). Provision C.3 of the Municipal Regional Stormwater Permit (MRP) requirements applies to all new development that create or replace 5,000 square feet of impervious surfaces and single-family homes that create and/or replace 10,000 square feet of impervious surface. Provision C.3 of the MS4 Permit also mandates that new development and redevelopment projects must: (1) incorporate site design, source control, and stormwater treatment on-site; (2) minimize the discharge of pollutants in stormwater runoff and non- stormwater discharge; and (3) minimize the rate 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.
To comply with Provision C.3 of the MS4 Permit, regulated projects would be required to submit a Stormwater Management Plan (SWMP) and a completed Provision C.3 Data Form with building plans, to be reviewed and approved by the Public Works Department. The SWMP must be prepared under the direction of and certified by a licensed and qualified professional, which includes civil engineers, architects, or landscape architects.
Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) is an association of 13 cities and towns in the Santa Clara Valley, together with the County of Santa Clara and Valley Water. The RWQCB has conveyed responsibility for implementation of stormwater regulations to the member agencies of SCVURPPP . The SCVURPPP incorporates regulatory, monitoring, and outreach measures aimed at improving the water quality of South San Francisco Bay and the streams of the Santa Clara Valley to
33 State Water Resources Quality Control Board, September 2024, Storm Water Program - Trash Implementation Program. https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementation.html, accessed January 12, 2024.
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reduce pollution in urban runoff to the “maximum extent practicable.” The SCVURPPP maintains compliance with the MS4 Permit and promotes storm water pollution prevention within that context.
Participating agencies (including the City of Cupertino) must meet the provisions of the Santa Clara County permit by ensuring that new development and redevelopment mitigate water quality impacts to stormwater runoff both during the construction and operation of projects. 34 The SCVURPPP has also developed the Santa Clara Basin Stormwater Resource Plan that describes a comprehensive plan to identify and prioritize potential stormwater and dry weather runoff capture projects in the Santa Clara Basin. It also provides information for the development and implementation of Green Stormwater Infrastructure (GFI) plans that municipalities within Santa Clara County are required to implement with the help of State grant funding.35
In addition, the SCVURPPP has developed the C.3 Stormwater Handbook that provides guidance to developers, builders, and project applicants to ensure compliance with the requirements of the MS4 permit and implement appropriate post-construction stormwater control measures for new development and redevelopment projects. The document describes the applicable site design measures, source control measures, and stormwater treatment measures that are required to be implemented for all regulated projects that create and/or replace 5,000 square feet or more of impervious surfaces. In addition, projects that create and/or replace one acre or more of impervious surfaces are required to also implement hydromodification measures.
36 The City’s Public Works Department reviews SWMPs to ensure compliance with the C.3 provisions of the MS4 permit.
Local Regulations
General Plan 2040
The Environmental Resources and Sustainability (ES) Element of the General Plan 2040 contains goals, policies, and strategies that require local planning and development decisions to consider stormwater impacts and storm drain infrastructure. Applicable policies and strategies that would minimize potential adverse impacts are identified in Section 4.15.3.3, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to minimize adverse impacts due to stormwater drainage in Cupertino. The CMC is organized by title, chapter, and section. Most provisions related to stormwater and storm drains are included in Title 3, Revenue and Finance, Title 9, Health and Sanitation, Title 14, Streets, Sidewalks and Landscaping, Title 16, Building and Construction, and Title 17, Environmental Regulations, as follows:
34 Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), 2024. About SCVURPPP. https://scvurppp.org/about-scvurppp/ accessed on January 13, 2024. 35 EOA, Paradigm, and Lotus Water, 2019. Santa Clara Basin Stormwater Resource Plan. 36 SCVURPPP, 2016. C.3 Stormwater Handbook. Guidance for Implementing Stormwater Requirements for New Development and Redevelopment Projects. Dated June 2016.
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Chapter 3.36, Storm Drainage Service Charge, established in 1992, outlines the requirements for the payment of fees to conserve and protect the City’s storm drainage system from the burden placed on it by the increasing flow of nonpoint source runoff and to otherwise meet the requirements developed by the Santa Clara Valley Non-Point Source Control and Storm Water Management Program established to comply with the CWA, California Environmental Protection Agency (CalEPA) regulations and the City’s NPDES permits. The specific purpose of the storm drainage service charges established pursuant to this chapter is to derive revenue which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes and for any other purpose set forth in Section
3.36.160. However, said revenue shall not be used for the acquisition or construction of new local street storm sewers or storm laterals as distinguished from main trunk, interceptor, and outfall storm sewers.
Chapter 3.38, Clean Water and Storm Protection Fee, established in 2019, outlines the requirements for the payment of fees to conserve and protect the City’s essential values of maintaining aging storm drainage infrastructure, encouraging groundwater replenishment, and maintaining a sustainable environment in accordance with the Clean Water Act, EPA regulations and the City’s NPDES permits.
The specific purpose of the Clean Water and Storm Protection fee is to derive fee revenue, which shall only be used for the acquisition, construction, reconstruction, maintenance, and operation of the storm drainage system of the City or related green infrastructure or other activities required by the City’s NPDES permits, to repay principal and interest on any bonds which may hereafter be issued for said purposes, to repay loans or advances which may hereafter be made for said purposes, and for any other purpose set forth in Section 3.38.160.
Chapter 9.18, Storm Water Pollution Prevention and Watershed Protection, provides regulations and gives legal effect to the MRP issued to the City of Cupertino and ensures ongoing compliance with the most recent version of the City of Cupertino's NPDES permit regarding municipal storm water and urban runoff requirements. This chapter applies to all water entering the storm drain system generated on any private, public, developed, and undeveloped lands lying within the city. The code contains permit requirements for construction projects and new development or redevelopment projects to minimize the discharge of storm water runoff. Chapter 9.19, Water Resources Protection, requires property owners to obtain permits for any modifications to properties adjacent to a stream except when: 1) less than 3 cubic yards of earthwork is planned provided it does not damage, weaken, erode or reduce the effectiveness of the stream to withhold storm and flood waters; 2) a fence 6 feet or less in height; 3) an accessory structure 120 square feet or less in size; 4) interior or exterior modification within the existing footprint; or 5) landscaping on existing single-family lots.
Chapter 14.15, Landscape Ordinance, implements the California Water Conservation in Landscaping Act of 2006 by establishing new water-efficient landscaping and irrigation requirements. In general, any building or landscape projects that involve more than 2,500 square feet of landscape area are required to submit a Landscape Project Submittal to the Director of Community Development for approval. Existing and established landscapes over 1 acre, including cemeteries, are required to submit water budget calculations and audits of established landscapes.
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Chapter 16.18, Interim Erosion and Sediment Control Plan, requires preparation of an Interim Erosion and Sediment Control Plan. Specifically, Section 16.18.110 states that the Plan shall be either integrated with the site map/grading plan or submitted separately, to the Director of Public Works that calculates the maximum runoff from the site for the 10-year storm event and describes measures to be undertaken to retain sediment on the site, a brief description of the surface runoff and erosion control measures to be implemented, and vegetative measures to be undertaken. Chapter 17.04, Standard Environmental Protection Requirements. The purpose of this chapter is to identify standard environmental protection requirements that all construction projects must meet, including but not limited to environmental mitigation measures identified in any environmental documents required as part of a General Plan update. This chapter includes specific requirements for utilities and service systems permits.
Section 17.04.050 (F), Control Stormwater Runoff Contamination. The project applicant shall demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City of Cupertino. All identified stormwater runoff control measures shall be included in the applicable construction documents.
Storm Drain Master Plan
The capacity of the storm drain facilities within the City of Cupertino was evaluated and documented in the 2018 Storm Drain Master Plan.
37 While most areas within the City provide adequate stormwater conveyance for the 10-year rainfall event, there are areas that would benefit from improvements to the stormwater conveyance capacity. There are also regions within the city that lack a formal drainage system and would require improvements.
The City collects Storm Drain Fees for new construction projects to fund improvements to the storm drain system. The next storm drain improvements that are scheduled to be implemented as part of the Capital Improvement Program, including Phase two of storm drain improvements near Pumpkin Drive, Fiesta Lane, September Drive, and Festival Drive.
38 These areas are listed as high priority for improvement in the Storm Drain Master Plan. Phase one is complete.38 These areas were listed as high priority for improvement in the Storm Drain Master Plan.
Existing Conditions
Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR, addressed the impacts to stormwater associated with buildout of the General Plan 2040 at a program level. The setting for stormwater is described in detail in Section 4.8.1.2, Existing Conditions, of the General Plan EIR. Since the certification of the General Plan EIR, the City has codified regulations to reduce stormwater utility impacts in the CMC Chapter 17.04, Standard Environmental Protection Requirements, as described under the Municipal Code
37 City of Cupertino, 2018. City of Cupertino Storm Drain Master Plan. Prepared by Schaaf & Wheeler. Dated September 2018.
38 City of Cupertino, 2021. Capital Improvement Program, FY 2021-2022.
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heading in Section 4.15.1.1, Regulatory Framework. Section 17.04,050 (F) includes measures to minimize stormwater runoff contamination.
STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant stormwater impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-7 Implementation of the proposed project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which would cause significant environmental effects?
LTS LTS
UTIL-8 Result in significant cumulative impacts with respect to stormwater? LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
IMPACT DISCUSSION
UTIL-7 Implementation of the proposed Modified Project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which would cause significant environmental effects.
Impact Discussion HYDRO-4, in Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR found that new development and redevelopment projects under the Approved Project must be designed such that the stormwater runoff generated from the 10-year storm is conveyed in the storm drainage system (underground pipes or open channels), and the stormwater runoff generated from the 100-year design storm must be safely conveyed away from the site without creating and/or contributing to downstream or upstream flooding conditions. Thus, future development associated with the Approved Project would not be expected to result in downstream flooding but could exacerbate existing conditions of the storm drain system, which is undersized to convey the 10-year storm event at some locations.
The future potential development of 3,312 new housing units as part of the proposed Modified Project would result in an increase in impervious surfaces, which in turn could result in an increase in stormwater runoff, higher peak discharges to drainage channels, and the potential to cause nuisance flooding in areas without adequate drainage facilities. However, most of the Study Area is developed, and future development from the Modified Project would likely replace existing developed areas, including impervious surfaces and pavement. Therefore, new development on previously developed sites should not create a significant increase in impervious surfaces and could result in improved conditions on sites where stormwater retention and pretreatment was not previously required.
Additionally, regulated projects that create and/or replace 5,000 square feet of impervious surfaces and single-family homes that create and/or replace 10,000 square feet of impervious surfaces would trigger the implementation of stormwater treatment and trash collection measures to reduce stormwater runoff, pursuant to the MS4 Permit and the Santa Clara Valley Urban Runoff Pollution Prevent Program’s C.3 Stormwater Handbook. Stormwater treatment measures are required to temporarily detain site runoff GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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using specific numeric sizing criteria based on volume and flow rate. Implementation of these stormwater measures would reduce the amount of stormwater runoff that is ultimately discharged to the City’s storm drain system and the creeks that run through Cupertino. Prior to the issuance of grading permits, the City would require completion and submittal of a Stormwater Management Plan and Provision C.3 Data Form for review and approval to ensure that these requirements are met.
In addition, all future potential development under both the Approved Project and proposed Modified Project would be required to pay stormwater drainage fees, pursuant to CMC Chapter 3.36, which is designed to mitigate the impacts of stormwater that is discharged into the City’s storm drain system and creeks in the Study Area. The assessments are used to construct, maintain, and operate the storm drain system and fund improvements in the storm drain infrastructure through the Capital Improvement Plan.
The General Plan EIR also found that the Environmental Resources and Sustainability (ES) Element includes policies and strategies that require local planning and development decisions to consider impacts that development could have on stormwater. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on storm drain systems:
Policy ES-7.1. Natural Water Bodies and Drainage Systems. In public and private development, use Low Impact Development (LID) principles to manage stormwater by mimicking natural hydrology, minimizing grading, and protecting or restoring natural drainage systems. Strategy ES-7.1.1. Development Plans. Continue to require topographical information, identification of creeks, streams, and drainage area; and grading plans for both public and private development proposals to ensure protection and efficient use of water resources. Policy ES-7.2. Reduction of Impervious Surfaces. Minimize stormwater runoff and erosion impacts resulting from development and use low impact development (LID) designs to treat stormwater or recharge groundwater . (General Plan EIR Policy 5-34)
Strategy ES-7.2.1. Lot Coverage. Consider updating lot coverage requirements to include paved surfaces such as driveways and on-grade impervious patios to incentivize the construction of pervious surfaces.
Strategy ES-7.2.2. Pervious Walkways and Driveways. Encourage the use of pervious materials for walkways and driveways. If used on public or quasi-public property, mobility and access for the disabled should take preference.
Strategy ES-7.2.3. Maximize Infiltration. Minimize impervious surface areas and maximize on-site filtration and the use of on-site retention facilities. (General Plan EIR Policy 5-34) Policy ES-7.3. Pollution and Flow Impacts. Ensure that surface and groundwater quality impacts are reduced through development review and voluntary efforts. Strategy ES-7.3.1. Development Review. Require LID designs such as vegetated stormwater treatment systems and green infrastructure to mitigate pollutant loads and flows. Policy ES-7.4. Watershed Based Planning. Review long-term plans and development projects to ensure good stewardship of watersheds. (General Plan EIR Policy 5-22) Strategy ES-7.4.1. Storm Drainage Master Plan. Develop and maintain a Storm Drainage Master Plan which identifies facilities needs to previous “10-year” event street flooding and “100-year” event structure flooding and integrate green infrastructure to meet water quality protection needs in a cost effective manner.
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Strategy ES-7.4.2. Watershed Management Plans. Work with other agencies to develop broader Watershed Management Plans to model and control the City’s hydrology. Strategy ES-7.4.3. Development. Review development plans to ensure that projects are examined in the context of impacts on the entire watershed, in order to comply with the City’s non-point source Municipal Regional Permit.
Policy ES-7.5. Groundwater Recharge Sites. Support the Santa Clara Valley Water District efforts to find and develop groundwater recharge sites within Cupertino and provide public recreation where possible.
Strategy ES-7.8.1. Inter-Agency Coordination. Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures, such as hydromodification controls as established by the Municipal Regional Permit.
Compliance with the MS4 permit; the SCVURPPP C.3 Handbook; the CMC requirements; and the General Plan 2040 goals, policies, and strategies would ensure that future development under the proposed Modified Project would not result in significant increases in runoff and would not contribute to the construction of new storm drain facilities or expansion of existing facilities that would cause significant environmental impacts. In addition, the City would continue to repair, rehabilitate, and upgrade the storm drain system through implementation of the CIP . Therefore, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts with respect to stormwater infrastructure beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
UTIL-8 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to stormwater.
The geographic context used for the cumulative impact with respect to stormwater is the two watersheds within the Study Area and the surrounding areas: Lower Peninsula Watershed and West Valley Watershed.
New development in these watersheds could increase impervious areas, thus increasing runoff and flows into the storm drainage systems. However, all cumulative projects would be required to comply with the MS4 permit, the SCVURPPP C.3 Handbook, and applicable CMC requirements, which would minimize stormwater runoff.
Impact Discussion HYDRO-9 in Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR considered cumulative impacts with respect to all hydrological and water quality impacts. All cumulative projects would be subject to similar permit requirements and would be required to comply with City ordinances and General Plan 2040 policies, as well as numerous water quality regulations that control construction related and operational discharge of pollutants in stormwater . Specifically, potential changes related to stormwater quality, storm water flows, drainage, impervious surfaces, and flooding would be minimized by the implementation of stormwater control measures, retention, infiltration, and LID measures, and review by the City’s Public Works Department to integrate measures to reduce potential flooding impacts.
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As described previously, development within the Study Area would require conformance with State and City policies that would reduce stormwater infrastructure impacts to less than significant levels. Any new development within the Study Area would be subject to the General Plan 2040 goals, policies, and strategies listed in Impact Discussion UTIL-7; the SCVURPPP C.3 Handbook; and the City’s Standard Environmental Protection Requirements pertaining to stormwater. Therefore, potential changes related to stormwater flows, drainage, impervious surfaces, and flooding would be minimized by the implementation of stormwater control measures, retention, infiltration, and low-impact-development measures and would be reviewed by the City staff for compliance with the Stormwater Management Plans.
All cumulative projects outside of the Study Area but within the watershed boundaries would be subject to similar permit requirements and compliance with the MS4 permit. In combination with past, present, and reasonably foreseeable projects future potential development under the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to stormwater infrastructure within the watersheds beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
4.15.4 Solid Waste
REGULATORY FRAMEWORK
Federal Regulations
Resource Conservation and Recovery Act of 1976
The Resource Conservation and Recovery Act of 1976 (Title 40 of the Code of Federal Regulations), Part 258, contains regulations for municipal solid waste landfills and requires states to implement their own permitting programs incorporating the federal landfill criteria. The federal regulations address the location, operation, design (liners, leachate collection, run-off control, etc.), groundwater monitoring, and closure of landfills.
State Regulations
Integrated Waste Management Act
The Integrated Solid Waste Management Act of 1989 (AB 939) codified in Public Resources Code 40050 et seq. (AB 939) established an integrated waste-management system that focused on source reduction, recycling, composting, and land disposal of waste. AB 939 required every California city and county to divert 50 percent of its waste from landfills by the year 2000. This act also requires that each city and county prepare a Source Reduction and Recycling Element to be submitted to the Department of Resource Recycling and Recovery (CalRecycle), a department within the California Natural Resources Agency. AB 939 also establishes a goal for all California counties to provide at least 15 years of ongoing landfill capacity.
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In 2007, SB 1016 amended AB 939 to establish a per capita disposal measurement system. The per capita disposal measurement system is calculated as a jurisdiction’s reported total disposal of solid waste divided by a jurisdiction’s population. CalRecycle sets a target per capita disposal rate for each jurisdiction. Each jurisdiction must submit an annual report to CalRecycle with an update of its progress in implementing diversion programs and its current per capita disposal rate.
Mandatory Commercial Recycling Act (AB 341)
AB 341 (Chapter 476, Statutes of 2011) increased the statewide solid waste diversion goal to 75 percent by 2020 and mandates commercial businesses and public entities that generate four cubic years or more of waste per week to have a recycling program in place. In addition, multifamily residential properties with five or more units are also required to develop a recycling program. AB 341 is designed to reduce greenhouse gas (GHG) emissions in the state by 5 million metric tons of carbon dioxide equivalents.
Mandatory Organics Recycling Act (AB 1826)
AB 1826, which was enacted in 2014 and took effect in 2016, mandated organic waste recycling for all businesses and multifamily dwellings that consist of five or more units. Starting in January 2020, all generators of two cubic yards or more of garbage, recycling, and compost combined per week must recycle organic waste. Organic waste includes food scraps, food-soiled paper and cardboard waste, green waste and yard trimmings, landscaping materials, and non-hazardous, non-treated wood waste.
California Short-Lived Climate Pollutants Act (SB 1383) SB 1383 focuses on the elimination of methane gas created by organic materials in landfills and establishes goals to reduce the landfill disposal of organics by achieving a 50 percent reduction in the statewide disposal of organic waste by 2020 and a 75 percent reduction by 2025. Organic waste makes up half of what Californians send to landfills. SB 1383 requires all businesses and residents to divert organic materials from landfills. The regulation took effect on January 1, 2022, and requires that organic collection services be provided to all residents and businesses. The collected organic waste must be recycled into new products, such as compost, mulch, biofuel, and electricity. Each city and county has an annual procurement target amount, based on its population, to use or give away those types of recycled new products. Also, an edible food recovery program had to be established by 2022 with the goal of recovering 20 percent of currently disposed edible food that would otherwise be sent to landfills to feed people in need. Mandated food donors and food recovery organizations and services must keep records of the amount and dates of food donations and acceptances.
California Solid Waste Reuse and Recycling Access Act
The California Solid Waste Reuse and Recycling Access Act requires new commercial and multi-family development projects to set aside areas for collecting and loading recyclable materials. This act required CalRecycle to develop a model ordinance for adoption by any local agency that provides adequate areas for the collection and loading of recyclable materials for development projects. Local agencies are required to adopt the model, or an ordinance of their own, that establishes standards including space allocation for the collection and loading of recyclable materials.
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California Green Building Standards Code (CALGreen)
The 2022 California Green Building Standards Code, also known as CALGreen, became effective on January 1, 2023. Sections 4.408 and 5.408, Construction Waste Reduction Disposal and Recycling, mandate that, in the absence of a more stringent local ordinance, a minimum of 65 percent of non- hazardous construction and demolition debris must be recycled or salvaged. CALGreen requires developers to prepare and submit a Construction Waste Management Plan, which must:
Identify the materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.
Specify if materials would be sorted on-site or mixed for transportation to a diversion facility. Identify the diversion facility where the material collected can be taken. Identify construction methods employed to reduce the amount of waste generated. Specify that the amount of materials diverted shall be calculated by weight or by volume but not both.
Regional Regulations
Santa Clara County Department of Environmental Health, Solid Waste Program The Santa Clara County, Department of Environmental Health Solid Waste Program is designated as the Local Enforcement Agency (LEA) for all areas of Santa Clara County, including the City of Cupertino, except for the City of San Jose, which serves as its own LEA. The LEA regulates solid waste facilities to ensure compliance with State standards, and includes the following functions:
Permits and inspects landfills, transfer stations, composting facilities, and refuse collection vehicles and yards.
Monitors disposal facilities to exclude hazardous wastes, medical wastes, and liquid wastes. Provides information to the public and industry regarding the proper disposal of solid wastes. Investigates complaints and mitigates problems associated with illegal dumping, disposal, or storage of solid wastes.
Santa Clara County Integrated Waste Management Plan
As described above, the California Integrated Waste Management Act of 1989 required that each County prepare and adopt a Countywide Integrated Waste Management Plan (IWMP). The regulation also requires that each IWMP and its elements be reviewed, revised, if necessary, and submitted to CalRecycle every five years. Cupertino submitted the Source Reduction and Recycling Element (SRRE) to be included in the County’s IWMP in 1992. The SRRE contains information of waste generation within the City, source reduction objectives, recycling programs, composting programs, solid waste facility capacities, and public education and information.
39 39 County of Santa Clara, 2024. Santa Clara County Integrated Waste Management Plan. https://reducewaste.santaclaracounty.gov/santa-clara-county-integrated-waste-management-plan accessed on January 19, 2024.
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Local Regulations
General Plan 2040
The Infrastructure (INF) Element of the General Plan 2040 contains goals, policies, and strategies that require local planning and development decisions to address potential solid waste impacts. Applicable policies and strategies that would minimize potential adverse impacts are identified in Section 4.15.4.3, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to address solid waste issues and encourage recycling efforts. The CMC is organized by title, chapter, and section. Most provisions related to solid waste are included in Title 6, Franchises, Title 9, Health and Sanitation, and Title 16, Building and Construction, as follows:
Chapter 6.24, Garbage, Non-Organic Recycling and Organic Waste Recycling Collection and Disposal.
This chapter requires the owner of each occupied property to subscribe to and pay for solid waste collection services made available through the City’s franchise agreement with the designated solid waste collection company. The chapter specifies requirements for single-family residents and commercial business generators as well as requirements for haulers and facility operators. In addition, commercial edible food generators, as well as food recovery organizations and services, must comply with the mandatory edible food recovery requirements specified in this chapter. Chapter 9.12, Hazardous Material Storage. This chapter establishes regulations to prevent and control unauthorized discharges of hazardous materials. The provisions of the chapters establish regulations for new, existing, and out-of-service storage facilities. Chapter 9.16, Recycling Areas. This chapter requires recycling areas to be located at a convenient location for persons depositing, collecting, loading the recyclable materials, and be adjacent to the solid waste collection area, if feasible. The chapter also requires the recycling areas to comply with the site and design guidelines and be maintained by the property owners to avoid waste accumulation that creates a visual, public health, or safety nuisance. Chapter 9.20, Off-Site Hazardous Waste Facilities. This chapter establishes standards, land use regulations, and a permit review process for the siting and development of hazardous waste treatment, storage, transfer, and disposal facilities.
Chapter 16.58, Green Building Standards Code Adopted. This chapter describes the 2022 California Green Building Standards adopted by the City, and any local amendments made with indications of additions or amendments to the State Standards. The CALGreen regulations require that at least 65 percent by weight of construction debris be recycled, reused, or otherwise diverted from landfill disposal.
Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste. This chapter establishes regulations to comply with the California Waste Management Act of 1989. The chapter requires all projects within the city that involve construction, demolition, or renovation of that are subject to the Green Building Standards Code to comply with the provisions of the chapter, and the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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compliance with the chapter will be attached as conditions of approval of any building or demolition permit issued. An applicant for a covered project is required to recycle or divert at least 65 percent of all generated construction and demolition (C&D) waste. Prior to the permit issuance, the applicant is required to submit a properly completed Waste Management Plan, which includes the estimated maximum amount of C&D waste that can feasibly be diverted, which facility will handle the waste, and the total amount of C&D waste that will be landfilled.
Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to solid waste associated with buildout of the General Plan 2040 at a program level. The setting for solid waste utilities is described in detail in Chapter 4.14.3, Solid Waste, of the General Plan EIR. The City is required to implement General Plan EIR Mitigation Measure UTIL-8, which was previously adopted and incorporated into the General Plan 2040, to ensure impacts related to solid waste are less than significant. General Plan EIR Mitigation Measure UTIL-8 requires the City to continue current recycling and zero-waste practices, monitor solid waste generation, and seek new landfill sites to replace the Altamont and Newby Island landfills, at such time that these landfills are closed. This mitigation measure would be implemented by the City on an ongoing basis.
STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in a significant impact related to solid waste if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-9. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
LTS/M LTS
UTIL-10. Would not comply with federal, State, and local statutes and regulations related to solid waste? LTS LTS
UTIL-11. Result in cumulatively considerable impact with respect to solid waste? LTS LTS Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
IMPACT DISCUSSION
UTIL-9 Implementation of the proposed Modified Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.
As described in the General Plan EIR, in 2012, the city of Cupertino’s actual disposal rate for residents was
2.6 pounds per person per day (PPD) with the target of 4.3 PPD. Table 4.14-14, Landfills’ Existing Capacity and Estimated Closure Date, of the General Plan EIR compares the remaining capacity, maximum daily and annual capacity, and estimated closure date for each of the four facilities used in the Study Area. Under the Approved Project, it is anticipated that the development in Cupertino will generate solid waste at a rate of 121,353 tons/year, which equates to approximately 332 tons/day. The General Plan EIR also GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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included Mitigation Measure UTIL-8 to ensure the landfills that serve the Study Area have adequate permitted capacity to accommodate future development permitted under the Approved Project.
The proposed Modified Project would add 3,312 new housing units beyond the Approved Project.
Assuming an average of 2.94 people per household, this would equate to a residential population increase of 9,737 people. As shown in Table 4.15-7, Increase in Solid Waste Generation with Proposed Modified Project, this level of growth would result in an increase in solid waste of approximately 8.5 tons per day, or 3,112 tons per year. These numbers are conservative because, with continued recycling and waste reduction programs implemented by the City and the County, the waste generation rates would be reduced over time. As a demonstration of waste reduction progress, the City’s actual disposal rate for residents in 2022 was 2.0 pounds PPD, down 0.6 from 2012.
TABLE 4.15-7 INCREASE IN SOLID WASTE GENERATION WITH PROPOSED MODIFIED PROJECT Increase in Residents
Solid Waste
Generation Rate
(pounds/day)
Increase in Solid
Waste (tons/day)
Increase in Solid
Waste (tons/year)
9,737 1.8 8.8 3,199
Source: CalRecyle, 2024. PlaceWorks, 2024
Although the City of Cupertino sent solid waste to 17 different facilities in 2022, the latest year of record, the majority of the solid waste was transported to Newby Island Landfill, which is in the City of Milpitas.
The landfill has a maximum permitted throughput of 4,000 tons/day, a remaining capacity of 16.4 million cubic yards, and is estimated to close in 2041. Therefore, the landfill has a remaining capacity of more than 15 years, as required by AB 939. The landfill’s information is summarized in Table 4.15-8, Newby Island Landfill Data. Any future landfill agreements the City may enter into will also require proof of adequate capacity to meet future growth.
TABLE 4.15-8 NEWBY ISLAND LANDFILL DATA
Landfill Name and Location
Maximum
Permitted
Throughput,
tons/day
Average
Disposal,
tons/day
Residual
Disposal
Capacity,
tons/day
Remaining
Capacity,
cubic yards
Estimated
Closing Year
Newby Island Landfill, Milpitas, CA 4,000 1,920 2,080 16,400,000 2041 Source: CalRecycle, 2023, SWIS Facility Details and Landfill Tonnage Reports.
As shown in Table 4.15-7, an increase of 8.8 tons/day with implementation of the proposed Modified Project would be 0.4 percent of the current residual capacity of Newby Island Landfill. In addition, some of the solid waste from the City of Cupertino is transported to other landfill sites in the Bay Area, and the City is working to divert even more waste from landfill disposal through recycling, composting, and edible food redistribution. The Study Area already has one of the lowest solid waste generation rates in the Bay Area at 1.8 lbs./day per resident. This analysis shows that future potential development under the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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proposed Modified Project would not generate solid waste in excess of the capacity of the landfills that serve the Study Area.
This estimate conservatively assumes that all of the generated waste is landfilled. Future potential development pursuant to the proposed Modified Project would require compliance with CALGreen Sections 4.408 and 5.408, which require that at least 65 percent of nonhazardous construction and demolition waste from residential and nonresidential construction operations be recycled and/or salvaged for reuse. New development would also need to comply with AB 341 and SB 1383 that mandate recycling and organics collection for commercial and multifamily residential land uses. In addition, Recology South Bay provides recycling and yard waste services for all residents in the Study Area. Therefore, solid waste facilities would be able to accommodate project-generated solid waste, and impacts would be less than significant.
The General Plan EIR also found that the Infrastructure (INF) Element includes policies and strategies that require local planning and development decisions to consider impacts that development could have on solid waste. Like the Approved Project, the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects to solid waste generation and landfill capacity:
Policy INF-7.1. Providers. Coordinate with solid waste system providers to utilize the latest technology and best practices to encourage waste reduction and meet, and even exceed, State targets. Policy INF-7.2. Facilities. Ensure that public and private developments build new and on-site facilities and/or retrofit existing on-site facilities to meet the City’s waste diversion requirements. Policy INF-7.3. Operations. Encourage public agencies and private property owners to design their operations to exceed regulatory waste diversion requirements. Strategy INF-7.3.1. City Facilities and Events. Design new City facilities and retrofit existing facilities and event venues with recycling and trash collection bins to facilitate easy disposal of recyclable and compostable waste by staff and the public.
Policy INF-7.4. Product Stewardship. Per the City’s Extended Producer Responsibility (EPR) policy, support statewide and regional EPR initiatives and legislation to reduce waste and toxins in products, processes, and packaging.
Policy INF-8.1. Reducing Waste. Meet or exceed Federal, State, and regional requirements for solid waste diversion through implementation of programs.
Strategy INF-8.1.1. Outreach. Conduct and enhance programs that promote waste reduction through partnerships with schools, institutions, businesses, and homes. Strategy INF-8.1.2. Hazardous Waste. Work with providers and businesses to provide convenient hazardous and e-waste facilities for the community.
Strategy INF-8.1.3. Preferential Purchasing. Maintain and update a City preferential purchasing policy for products that reduce packaging waste, greenhouse gas emissions, toxic contaminants, and are reusable.
Strategy INF-8.1.4. Reuse. Encourage reuse of materials and reusable products. Develop a program for reuse of materials and reusable products in City facilities and outreach programs for community-wide participation by promoting community-wide garage sales and online venues. Strategy INF-8.1.5. Collaboration. Collaborate with agencies and large businesses or projects to enhance opportunities for community-wide recycling, reuse, and reduction programs.
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Strategy INF-8.1.6. Construction Waste. Encourage recycling and reuse of building materials during demolition and construction of City, agency, and private projects. Strategy INF-8.1.7. Recycled Materials. Encourage the use of recycled materials and sustainably harvested materials in City, agency, and private projects.
With continued compliance with the applicable regulations, leading to increased recycling and waste diversion, and adherence to the proposed General Plan 2050 goal, policies, and action listed above, anticipated rates of solid waste disposal from implementation of the proposed Modified Project would be less than significant with respect to permitted landfill capacity. In addition, the Study Area is well below the CalRecycle target disposal rates and meets the regulatory requirements of AB 939. Therefore, implementation of the proposed project would not generate solid waste in excess of State and local standards or in excess of the capacity of the landfills, or otherwise impair the attainment of solid waste reduction goals. Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe impacts with respect to solid waste beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
UTIL-10 Implementation of the proposed Modified Project would comply with federal, State, and local statutes and regulations related to solid waste.
The General Plan EIR found that the City’s per capita disposal rate is below the target rate established by CalRecycle. Additionally, implementation of the strategies, programs, and plans referenced in 4.14.3.3, Impact Discussion, of the General Plan EIR as well as the Climate Action Plan that launched in May 2014, and the new Climate Action Plan 2.0 that was adopted in 2022, will enable the City to meet ongoing and evolving waste reduction regulations.
As described under Impact Discussion UTIL-9, Recology South Bay, which serves the Study Area, complies with all State requirements to reduce the volume of solid waste through recycling and organic waste diversion. The Study Area per capita disposal rate of 1.8 PPD per resident is well below the CalRecycle target of 4.3 PPD for residents. It is also one of the lowest disposal rates in the Bay Area. In addition, future potential development under the proposed Modified Project would comply with CALGreen Sections 4.408 and 5.408, which requires that at least 65 percent of nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse.
Future potential development under the proposed Modified Project would also comply with AB 341, which mandates recycling for commercial and multifamily residential land uses as well as schools and school districts. All jurisdictions in California are required to provide organic waste collection services to all residents and businesses, beginning in 2022 and in accordance with SB 1383. Recology South Bay and the City currently comply with all applicable federal, State, and local solid waste regulations, and solid waste, recycling, and green waste collection services are available for all residents and commercial businesses.
Based on these considerations, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or more severe conflicts with current and future regulatory requirements with respect to solid waste beyond what was evaluated in the General Plan EIR.
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Significance without Mitigation: Less than significant.
UTIL-11 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to solid waste.
The General Plan EIR concluded that the Approved Project will increase the quantity of solid waste for disposal. However, General Plan EIR Mitigation Measure UTIL-8 and existing waste reduction programs and diversion requirements would reduce the potential for exceeding existing capacities of landfills.
The area considered for cumulative impacts to solid waste disposal facilities is Santa Clara County. As reported by the California Department of Finance, the total population of Santa Clara County has been decreasing over the past four years, and the expected increase in population between 2020 and 2040 is projected to be approximately 84,000 people.40 The average solid waste generation rate for Santa Clara County residents is 2.7 lb/day, which would equate to an average disposal rate for the County of about 113 tons/day. This is well within the residual capacity of Newby Island Landfill, which is just over 2,000 tons/day. And this assumes that all of the solid waste generated in Santa Clara County would be transported to this one landfill, when in reality it would be transported to various landfills in the region. In addition, the amount of solid waste generated per resident is expected to decrease over time with continued recycling, composting, and food redistribution.
In addition, new development in the county would comply with CALGreen Sections 4.408 and 5.408, which require that at least 65 percent of nonhazardous construction and demolition waste from residential and nonresidential construction operations be recycled and/or salvaged for reuse. This would also reduce the volume of solid waste transported to the landfills. Continued compliance with the applicable regulations and an increase in recycling and landfill diversion rates would ensure that solid waste cumulative impacts would be less than significant. Therefore, the proposed Modified Project would not result in new or more severe cumulatively considerable impacts to solid waste beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
4.15.5 Energy Infrastructure
REGULATORY FRAMEWORK
The regulatory framework for energy is described in detail in Chapter 4.5, Energy, of this EA. The regulatory requirements that pertain solely to energy infrastructure are repeated below.
40 California Department of Finance, 2024, Population Projections, https://dof.ca.gov/forecasting/demographics/projections/, accessed January 19, 2024.
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Federal Regulations
National Energy Policy
Established in 2001 by the National Energy Policy Development Group, the National Energy Policy is designed to help the private sector and state and local governments promote dependable, affordable, and environmentally sound production and distribution of energy for the future. Key issues addressed by the energy policy are energy conservation, repair and expansion of energy infrastructure, and ways of increasing energy supplies while protecting the environment.
Energy Policy Act of 2005
Passed by Congress in July 2005, the Energy Policy Act includes a comprehensive set of provisions to address energy issues. This Act includes tax incentives for energy conservation improvements in commercial and residential buildings, fossil fuel production and clean coal facilities, and construction and operation of nuclear power plants, among other things. Subsidies are also included for geothermal, wind energy, and other alternative energy producers.
Energy Independence and Security Act of 2007
Signed into law in December 2007, the Energy Independence and Security Act contains provisions designed to increase energy efficiency and the availability of renewable energy. The Act contains provisions for increasing fuel economy standards for cars and light trucks, while establishing new minimum efficiency standards for lighting as well as residential and commercial appliance equipment.
National Gas Pipeline Safety Act of 1968
The Natural Gas Pipeline Safety Act of 1968 authorizes the United States Department of Transportation to regulate pipeline transportation of flammable, toxic, or corrosive natural gas and other gases as well as the transportation and storage of liquefied natural gas. The Pipeline and Hazardous Materials Safety Administration within the Department of Transportation develops and enforces regulations for the safe, reliable, and environmentally sound operation of the nation's 2.6-million-mile pipeline transportation system. The regulations enacted under this act have been updated several times. The latest revision is dated May 2023 and includes additional safety regulations for gas transmission pipelines, including repair criteria, integrity management improvements, cathodic protection, and other inspection and maintenance procedures. The regulations are encoded in 49 Code of Federal Regulations, Part 192.
State Regulations
Warren-Alquist Act
Established in 1974, the Warren-Alquist Act created the California Energy Commission (CEC) in response to the energy crisis of the early 1970s and the state’s unsustainable growing demand for energy resources. The CEC’s core responsibilities include advancing State energy policy, encouraging energy efficiency, certifying thermal power plants, investing in energy innovation, developing renewable energy, GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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transforming transportation, and preparing for energy emergencies. The Warren-Alquist Act is updated annually to address current energy needs and issues, and its latest revision is dated January 2023.
California Public Utilities Commission Long Term Energy Efficiency Strategy Plan Adopted in September 2008 and updated in January 2011, the California Public Utilities Commission (CPUC) Long Term Energy Efficiency Strategic Plan provides a framework for energy efficiency in California through the year 2020 and beyond. It articulates a long-term vision, as well as goals for each economic sector, identifying specific near-, mid-, and long-term strategies to assist in achieving these goals. The plan sets forth the following four goals, known as “Big Bold Energy Efficiency Strategies,” to achieve significant reductions in energy demand:
All new residential construction in California will be zero net energy by 2020. All new commercial construction in California will be zero net energy by 2030. Heating, ventilation, and air conditioning will be transformed to ensure that its energy performance is optimal for California’s climate.
All eligible low-income customers will be given the opportunity to participate in the low-income energy efficiency program by 2020.
The CPUC and CEC have adopted the following goals to achieve zero net energy levels by 2030 in the commercial sector:
Goal 1: New construction will increasingly embrace zero net energy performance (including clean, distributed generation), reaching 100 percent penetration of new starts in 2030. Goal 2: 50 percent of existing buildings will be retrofit to zero net energy by 2030 through achievement of deep levels of energy efficiency and with the addition of clean distributed generation. Goal 3: Transform the commercial lighting market through technological advancement and innovative utility initiatives.
California Building Energy Code: Title 24, Part 6, Energy Efficiency Standards The State of California provides a minimum standard for energy conservation through Title 24, Part 6 California Code of Regulations, commonly referred to as the California Energy Code. The California Energy Code was first adopted by the California Energy Resources Conservation and Development Commission (now the CEC) in June 1977. The standards are updated on a three-year cycle to allow for consideration and possible incorporation of new energy efficiency technologies and methods. In August 2021, the CEC adopted the 2022 California Energy Code, which went into effect on January 1, 2023. The 2022 standards require mixed-fuel single-family homes to be electric ready to accommodate replacement of gas appliances with electric appliances. In addition, the new standards also include prescriptive photovoltaic systems and battery requirements for high-rise, multifamily buildings (i.e., more than three stories) and noncommercial buildings such as hotels, offices, medical offices, restaurants, retail stores, schools, warehouses, theaters, and convention centers.
41 41 California Energy Commission, 2021, Amendments to the Building Energy Efficiency Standards (2022 Energy Code) Draft Environmental Report, CEC-400-2021-077-D.
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California Building Code: Title 24, Part 11, Green Building Standards On July 17, 2008, the California Building Standards Commission adopted the nation’s first green building standards. CALGreen (24 California Code of Regulations, Part 11) was adopted as part of the California Building Standards Code. It includes mandatory requirements for new residential and nonresidential buildings throughout California. CALGreen is intended to (1) reduce greenhouse gas (GHG) emissions from buildings; (2) promote environmentally responsible, cost-effective, healthier places to live and work; (3) reduce energy and water consumption; and (4) respond to the directives by the governor. The latest 2022 CALGreen code became effective on January 1, 2023.
CALGreen includes provisions to reduce construction waste, make buildings more efficient in the use of materials and energy, and reduce environmental impact during and after construction. CALGreen contains requirements for construction site selection, stormwater control during construction, construction waste reduction, indoor water use reduction, material selection, natural resource conservation, site irrigation conservation, etc. The code provides for design options, allowing the designer to determine how best to achieve compliance for a given site or building condition. The code also requires building commissioning, which is a process for verifying that all building systems (e.g., heating and cooling equipment and lighting systems) are functioning at their maximum efficiency.
42 Appliance Efficiency Regulations
The Appliance Efficiency Regulations (Title 20, California Code of Regulations Sections 1601 through 1608), combined with federal standards, set minimum efficiency levels for energy and water consumption in products, such as consumer electronics, household appliances, and plumbing equipment. The regulations are continually updated with the latest revisions dated 2023. Eighteen categories of appliances are included in the scope of these regulations. The standards within these regulations apply to appliances that are sold or offered for sale in California, except those sold wholesale in California for final retail sale outside the state, and those designed and sold exclusively for use in recreational vehicles or other mobile equipment. These regulations exceed the standards imposed by all other states and they reduce GHG emissions by reducing energy demand.
California Energy Benchmarking and Disclosure
The Building Energy Benchmarking Program is mandated under AB 802 and requires owners of large commercial and multifamily buildings to report energy use to the CEC by June 1 annually. This program applies to all buildings with more than 50,000 square feet of gross floor area and owners of multifamily residential buildings with more than 50,000 square feet and 17 or more utility accounts. The bill requires each utility, upon the request and authorization of the owner, owner’s agent, or operator of a building covered under the regulation, to deliver or provide aggregated energy usage data for a covered building.
The required energy usage shall be reported to the CEC through the Energy Star Portfolio Manager.
42 California Building Standards Commission, 2022, 2022 California Code of Regulations Title 24, Part 11, https://codes.iccsafe.org/content/CAGBC2022P1, accessed January 20, 2024.
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California Renewable Portfolio Standards
A major component of California’s Renewable Energy Program is the Renewable Portfolio Standards established under SB 1078 (Sher) and SB 107 (Simitian). The standard requires that a specified percentage of the electricity that utilities provide comes from renewable resources. Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. SB 1020, signed into law on September 16, 2022, requires renewable energy and zero-carbon resources to supply 90 percent of all retail electricity sales by 2035 and 95 percent by 2040. Additionally, SB 1020 requires all State agencies to procure 100 percent of electricity from renewable energy and zero-carbon resources by 2035.
CPUC Natural Gas Regulations
The CPUC regulates natural gas utility rates and services as well as the transportation of natural gas over the extensive transmission and distribution pipeline systems. The CPUC also regulates gas storage facilities. The Gas Safety and Reliability Branch of the CPUC ensures that natural gas pipeline systems are designed, constructed, operated, and maintained according to the safety standards set by the CPUC and the federal government. The regulations are provided in the CPUC General Order No. 112-E and the Natural Gas Pipeline Safety Act of 2011.
Local Regulations
General Plan 2040
The Environmental Resource and Sustainability (ES) and the Infrastructure (INF) Elements of the General Plan 2040 contain goals, policies, and strategies that require local planning and development decisions to address energy and telecommunications issues. Applicable policies and strategies that would minimize potential adverse impacts are identified in Section 4.15.4.3, Impact Discussion.
Municipal Code
The Cupertino Municipal Code (CMC) includes various directives to address energy efficiency and energy conservation. The CMC is organized by title, chapter, and section. Most provisions related to energy and telecommunications are included in Title 2, Administration and Personnel, Title 3, Revenue and Finance, Title 6, Franchises, Title 16, Building and Construction, and Title 18, Subdivisions, as follows:
Chapter 2.74, Cupertino Technology, Information, and Communications Commission. This chapter establishes the commission, which consists of five members that advise the City Council and City Manager on matters relating to technology, information, and communications within the City. The Commission also evaluates franchise agreements and franchise fees and provides support for community access television.
Chapter 3.34, Utility Users Excise Tax. Under Section 3.34.040, Electricity Users Tax, every person in the City using electrical energy in the City must pay an “electricity users tax” to the service supplier.
Similarly, under Section 3.34,050, Gas Users Tax, every person within the City that uses natural gas, which is delivered through mains or pipes or by motor vehicle or by rail, must pay a “gas users tax.” GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Chapter 3.35, Telecommunication Users Tax. This chapter imposes a tax upon every person in the City using telecommunications services and is collected from the service user by the telecommunication services provider.
Chapter 6.08, Electricity- Pacific Gas and Electric Company. This chapter establishes PG&E as the franchise that will transmit and distribute electricity to the public within the City. PG&E is responsible for to construction and maintenance of all poles, wires, conduits, and lines along, across, within or under the streets within the City.
Chapter 6.12 –Gas – Pacific Gas and Electric Company. This chapter establishes PG&E as the franchise for installing maintaining all natural gas infrastructure and transmitting and distributing gas to the public within the City.
Chapter 6.28, Cable and Video Services. This chapter states that all entities that construct or operate a cable system or provide video service within the City must have been issued a state franchise and must pay franchise fees to the City as a percent of the gross revenue. Chapter 16.28, Expedited Permit Process for Small Rooftop Solar Systems and Electric Vehicle Charging Systems. This chapter provides a streamline permitting process for rooftop solar energy systems and electric vehicle charging stations to promote and encourage the use of these alternative energy technologies.
Chapter 16.54, Energy Code. The City adopts the provisions of the 2022 California Energy Code in this ch apter.
Chapter 16.58, Green Building Standards Code. This chapter adopts the 2022 California Green Building Standards Code, also known as CALGreen. The City of Cupertino also requires new construction over certain sizes (greater than 9 residential units or 25,000 square feet of non- residential development) to build to Leadership in Energy and Environmental Design (LEED) or alternative reference standards. The LEED construction and/or other types of equivalent green building verification systems typically require enhanced building energy efficiency, which reduces heating and cooling requirements of a building and, therefore, also reduces GHG emissions. Chapter 18.32, Subdivisions. Section 18.32.110, Energy Conservation requires a subdivision to provide to the extent feasible for future passive or natural heating or cooling opportunities.
Climate Action Plan
The City’s Climate Action Plan (CAP) 2.0 was adopted in August 2022 and includes measures and actions for reducing greenhouse gas emissions and achieving carbon neutrality. Chapter 8 of the CAP focuses on steps to increase the percentage of renewable energy used by the City and electrification of new buildings to reduce natural gas usage.43
43 Rincon Consultants, 2022. Cupertino Climate Action Plan 2.0.
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Existing Conditions
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, addressed the impacts to energy associated with buildout of the General Plan 2040 at a program level. Impacts were found to be less than significant without mitigation. The setting for energy utilities is described in detail in Chapter 4.14.4 Energy Conservation, of the General Plan EIR.
STANDARDS OF SIGNIFICANCE
Implementation of the proposed Modified Project would result in significant energy or telecommunications impact if it would:
Impact of the
Approved
Project (General
Plan 2040 EIR)
Impact of the
Proposed
Modified
Project
UTIL-12 Implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities, the construction or relocation of which would cause significant environmental effects?
LTS LTS
UTIL-13 Implementation of the proposed Modified Project would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulatively considerable impact to electric power, natural gas, or telecommunications facilities.
N/A LTS
Key: NI = no impact; LTS = less than significant; LTS/M = less than significant with mitigation; SU = significant and unavoidable
IMPACT DISCUSSION
UTIL-12 Implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects.
As described in the General Plan EIR, the Approved Project, upon buildout, will result in 4,040,231 square feet of additional office space, 1,343,679 square feet of additional commercial space, 1,000 additional hotel rooms, and 4,421 additional housing units.
Future new development under the Approved Project
would be constructed using energy-efficient modern building materials and construction practices. The new buildings also would use new modern appliances and equipment and would comply with the current CALGreen Building Code. Potential environmental impacts from possible new electrical switches/transformers would be addressed in project-specific reviews. In addition, buildout of the Approved Project would not significantly increase energy demands in the context of the 70,000-square- mile PG&E service territory for electricity and natural gas generation, transmission, and distribution.
Electrical service to the Study Area and the housing opportunity sites would be provided by Pacific Gas and Electric Company (PG&E) and Silicon Valley Clean Energy (SVCE) through connections to existing electrical lines and infrastructure. As shown in Table 4.5.1, Proposed Modified Project Energy Consumption, of Chapter 4.5, Energy, of this EA, the addition of 3,312 new housing units would result in the annual consumption of 11,636,361 kilowatt hours (kWh) and 37,527,747 British thermal units (BTUs).
However , the per-person electricity use would decrease compared to existing conditions due to the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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replacement of existing land uses with new development that meets the California Building Energy Efficiency Standards and CALGreen standards.
These energy consumption rates are modest increases when considered in the context of PG&E and SVCE’s service areas. PG&E currently has approximately 5.5 million electricity customers and is projected to have an electricity demand of 133,893 gigawatt-hours in 2035.44 One gigawatt-hour is equivalent to one million kilowatt-hours. Therefore, future potential development under the proposed Modified Project would consume less than 0.009 percent of the available energy distributed by PG&E. PG&E is expected to meet all of its customers’ electrical demands through 2035.
Similarly, the natural gas consumption rates for the proposed Modified Project are modest increases when considered in the context of PG&E’s service area. PG&E provides natural gas to approximately 4.5 million customers. Natural gas demand statewide is projected to decline an average of 1.1 percent through 2035 due to the goal of reducing greenhouse gas emissions and the ordinances of some cities for new construction to be all electric.45 PG&E states that its supplies of natural gas would meet all of its customers’ demands through 2035. The increase in natural gas consumption with implementation of the proposed Modified Project is approximately 0.0000021 percent of PG&E’s natural gas supply. Therefore, implementation of the proposed Modified Project would not result in the relocation or expansion of electric power or natural gas facilities or infrastructure.
Telecommunications services include wireless internet, cell phone and land line telephone, cable television, and satellite television. There are numerous telecommunication and internet providers that serve the Study Area. Multiple choices give Cupertino residents and businesses a variety of options when choosing telecommunication providers. The current infrastructure in place is sufficient to service existing and future customers within the Study Area. Because most of the new housing units would be in areas with existing telecommunications infrastructure, no new cables or networks would be required with implementation of the proposed Modified Project.
In addition, future development would be required to comply with the current and future updates to the California Energy Code and CALGreen, which would contribute to reducing energy demands. New buildings would also use new energy-efficient appliances and equipment, pursuant to the Appliance Efficiency Regulations, which would ensure the use of efficient electricity and natural gas consumption.
New buildings in compliance with these standards would generally have greater energy efficiency than existing buildings.
The General Plan EIR also found that the Environmental Resources and Sustainability (ES) and Infrastructure (INF) Elements contain policies and strategies that require local planning and development decisions to consider impacts that development could have on energy usage. Like the Approved Project,
44 California Energy Commission, 2023, California Energy Demand Forecast, 2021-2035, https://www.energy.ca.gov/data- reports/reports/integrated-energy-policy-report/2021-integrated-energy-policy-report/2021-1, accessed January 20, 2024.
45 California Public Utilities Commission, 2022, 2022 California Gas Report, https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_Gas_Report_2022.pdf, accessed January 20, 2024.
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the following existing General Plan 2040 policies and strategies, and updated policies and strategies as part of the proposed Modified Project, would also serve to minimize adverse effects on energy and promote energy conservation:
Policy ES-1.1. Principles of Sustainability. Incorporate principles of sustainability into Cupertino’ planning, infrastructure, and development process in order to improve the environment, reduce greenhouse gas emissions and meet the needs of the community without compromising the needs of future generations. (General Plan EIR Policy 5-1)
Strategy ES-1.1.1. Climate Action Plan (CAP). Adopt, implement, and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements. This qualified greenhouse gas emissions reduction plan, by BAAQMD’s definition, will allow for future project CEQA streamlining and will identify measures to:
Reduce energy use through conservation and efficiency. Reduce fossil fuel use through multi-modal and alternative transportation. Maximize use of and, where feasible, install renewable energy resources. Policy ES-2.1. Conservation and Efficient Use of Energy Resources. Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources for new and existing residences, businesses, industrial and public uses. (General Plan EIR Policy 5-3) Strategy ES-2.1.1. Coordination. Continue to evaluate and revise, as necessary, applicable City plans, codes, and procedures for inclusion of Federal, State, and regional requirements and conservation targets.
Strategy ES-2.1.2. Comprehensive Energy Management. Prepare and implement a comprehensive energy management plan for all applicable municipal facilities and equipment to achieve the energy goals established in the City’s Climate Action Plan. Track the City’s energy use and report findings as part of the Climate Action Plan reporting schedule. Embed this plan into the City’s Environmentally Preferable Procurement Policy to ensure measures are achieved through all future procurement and construction practices. (General Plan EIR Strategy 2 under Policy 5-3) Strategy ES-2.1.3. Energy Efficient Replacements. Continue to use life cycle cost analysis to identify City assets for replacement with more energy efficient technology. Utilize available tools to benchmark and showcase City energy efficiency achievements (i.e., EPA Portfolio Manager, statewide Green Business Program). (General Plan EIR Strategy 4 under Policy 5-3) Strategy ES-2.1.4. Incentive Program. Consider incentive programs for projects that exceed mandatory requirements and promote incentives from state, county, and federal governments for improving energy efficiency and expanding renewable energy installations. (General Plan EIR Strategy 5 under Policy 5-3)
Strategy ES-2.1.6. Alternate Energy Sources. Promote and increase the use of alternate and renewable energy resources for the entire community through effective policies, programs, and incentives. Strategy ES-2.1.7. Energy Co-Generation Systems. Encourage the use of energy co-generation systems through the provision of an awareness program targeting the larger commercial and industrial users and public facilities. (General Plan EIR Strategy 8 under Policy 5-3) Strategy ES-2.1.8. Energy Audits and Financing. Continue to offer and leverage regional partners’ programs to conduct energy audits and/or subvention programs for homes, commercial, industrial and City facilities, and recommend improvements that lead to energy and cost savings opportunities for participants and encourage adoption of alternative energy technologies. Encourage energy audits to include emerging online and applications-based energy analytics and diagnostic tools. Share GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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residential and commercial energy efficiency and renewable energy financing tools through outreach events and civic media assets. General Plan EIR Strategy 2 under Policy 5-4) Strategy ES-2.1.10. Community Choice Energy. Collaborate with regional partners to evaluate feasibility for development of a Community Choice Energy Program. Policy ES-3.1. Green Building Design. Set standards for the design and construction of energy and resource conserving/efficient building. (General Plan EIR Policy 5-4) Strategy ES-3.1.1. Green Building Program. Periodically review and revise the City’s Green Building ordinance to ensure alignment with CALGreen requirements for all major private and public buildings projects that ensure reduction in energy and water use for new development through site selection and building design. (General Plan EIR Strategy 1 under Policy 5-4) Strategy ES-3.1.2. Staff Training. Continue to train appropriate City staff in the design principles, costs, and benefits of sustainable building and landscape design. Encourage City staff to attend external trainings on these topics and attain relevant program certifications (e.g., Green Point Rater, Leadership in Energy & Environmental Design (LEED) Accredited Professional). Strategy ES-3.1.3. Green Buildings Informational Seminars. Conduct and/or participate in Green Building informational seminars and workshops for members of the design and construction industry, land development, real estate sales, lending institutions, landscaping and design, the building maintenance industry and prospective project applicants. Strategy ES-3.1.4. Green Building Demonstration. Pursue municipal facility retrofits, through a Green Capital Improvement Program (CIP), and new construction projects that exceed CALGreen and achieve third-party certification criteria (e.g., LEED, Living Building Challenge, Zero Net Energy) as a means of creating demonstration spaces for developer and community enrichment. Policy INF-6.1. Telecommunications Master Plan. Maintain and update a Telecommunications Master Plan with regulations and guidelines for wireless and emerging technologies. Policy INF-6.2. Coordination. Coordinate with providers to improve access and delivery of services to businesses and homes.
Strategy INF-6.2.1. Facility Upgrades. When possible, require service providers to upgrade existing facilities as part of permit or lease renewals. Encourage use of newer technologies that allow the facility components to be reduced in size or improve screening or camouflaging. Strategy INF-6.2.2. Improved Access. Work with providers to expand service to areas that are not served by telecommunications technologies.
Strategy INF-6.2.3. City Facilities. Encourage leasing of City sites to expand access to telecommunications services. Develop standards for the incorporation of telecommunications systems and public use.
Strategy INF-6.2.4. Agency and Private Facilities. Encourage the installation of communications infrastructure in facilities owned by other public agencies and private development. Strategy INF-6.2.5. Communications Infrastructure. Support the extension and access to telecommunications infrastructure such as fiber optic cables. Policy INF-6.3. Emerging Technologies. Encourage new and innovative technologies and partner with providers to provide the community with access to these services. Strategy INF-6.3.1. Strategic Technology Plan. Create and update a Strategic Technology Plan for the City to improve service efficiency.
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Compliance with federal, State, and local regulations (e.g., Building Energy Efficiency Standards, CALGreen, and Renewables Portfolio Standards) would increase building energy efficiency and reduce building energy demands. Additionally, the General Plan 2040 goal, policies, and strategies would contribute to minimizing building-related energy demands and demands on nonrenewable sources of energy.
Implementation of the proposed General Plan 2040 goals, policies, and strategies in conjunction with and complementary to regulatory requirements, would ensure that energy demand associated with future potential development under the proposed Modified Project would be efficient, therefore avoiding the need for new or expanded electric power and natural gas facilities. In addition, the energy providers and telecommunications providers that currently serve the Study Area indicate that they have the capability to serve future increases in population within their service areas without significant changes to the existing infrastructure. Therefore, implementation of the proposed Modified Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities beyond what was evaluated in the General Plan EIR.
Significance without Mitigation: Less than significant.
UTIL-13 Implementation of the proposed Modified Project would not, in combination with past, present, and reasonably foreseeable projects, result in a cumulatively considerable impact to electric power, natural gas, or telecommunications facilities.
The General Plan EIR found that the Approved Project would not significantly increase energy demands in the context of the 70,000-square-mile PG&E service territory for electricity and natural gas generation, transmission, and distribution.
The area considered for cumulative impacts are the service areas of PG&E and SVCE for electricity and PG&E for natural gas. Other projects within the service areas would increase electricity and natural gas demands.
The CPUC has identified the Integrated Energy Policy Report as “the appropriate venue for considering issues of load forecasting, resource assessment, and scenario analyses, to determine the appropriate level and ranges of resource needs for load serving entities in California.” 46 The latest report shows that
California’s electricity sector is leading efforts to reduce GHG emissions and electricity consumption is projected to increase compared to previous energy demand projections, mostly attributable to increased levels of transportation electrification.
47 Natural gas consumption is expected to level out between 2020 and 2026 before decreasing from 2026 to 2035 from new building standards and the implementation of city and county ordinances that require new construction to have all-electric appliances and heating.
46 California Energy Commission, February 2023, Final 2022 Integrated Energy Policy Report Update, https://www.energy.ca.gov/sites/default/files/2023-02/Adopted_2022_IEPR_Update_with_errata_ada.pdf, accessed January 20, 2024.
47 California Energy Commission, February 2023, Final 2022 Integrated Energy Policy Report Update, https://www.energy.ca.gov/sites/default/files/2023-02/Adopted_2022_IEPR_Update_with_errata_ada.pdf, accessed January 20, 2024.
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In addition, all future projects developed within the PG&E and SVCE service areas would implement the requirements of the California Energy Code and CALGreen. New buildings would also use new energy- efficient appliances and equipment, pursuant to the Appliance Efficiency Regulations. Counties and cities review project design plans against these codes and ensure compliance before issuing construction permits. These measures would reduce the overall consumption of electricity and natural gas.
The energy providers and telecommunications providers that serve the Study Area and Santa Clara County indicate that they have the capability to serve future increases in population within their service areas without significant changes to the existing infrastructure. In addition, the General Plan 2040 includes goals, policies, and strategies that would contribute to minimizing inefficient, wasteful, or unnecessary energy consumption and ensure compliance with State, regional, or local plans for renewable energy, therefore avoiding the need for new or expanded electric power and natural gas facilities. Therefore, implementation of the proposed Modified Project would not result in a significant impact to electric power, natural gas, or telecommunication facilities, and cumulative impacts would be less than significant.
Significance without Mitigation: Less than significant.
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4.16 WILDFIRE
This chapter describes the potential wildfire impacts associated with the approval and implementation of the proposed Modified Project. This chapter describes the regulatory framework and baseline conditions, identifies criteria used to determine impact significance, provides an analysis of the potential impacts to wildfire, and identifies policies and/or strategies that could mitigate any potentially significant impacts.
4.16.1 Environmental Setting
REGULATORY FRAMEWORK
Federal Regulations
National Cohesive Wildfire Management Strategy
In the Federal Land Assistance, Management, and Enhancement Act of 2009 (FLAME Act), Congress mandated the development of a National Cohesive Wildland Fire Management Strategy for all lands in the United States. Wildfire management is guided by the National Cohesive Wildland Fire Management Strategy, which has three primary goals—resilient landscapes, fire adapted communities, and safe and effective wildfire response.1 These three goals enable land managers to manage vegetation and fuels; protect homes, communities, and other values at risk; manage human-caused ignitions; and effectively and efficiently respond to wildfires. California is part of the Western Regional Strategy Committee, chartered to support and facilitate the implementation of the National Cohesive Wildland Fire Strategy.
National Fire Protection Association Standards
National Fire Protection Association (NFPA) codes, standards, recommended practices, and guides are developed through a consensus standards development process approved by the American National Standards Institute. NFPA standards are recommended (advisory) guidelines for fire protection that are referenced in the California Fire Code (CFC), which is adopted by the City of Cupertino every three years.
Specific standards applicable to wildfire hazards include, but are not limited to:
NFPA 1141, Fire Protection Infrastructure for Land Development in Wildlands NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting NFPA 1143, Wildland Fire Management
NFPA 1144, Reducing Structure Ignition Hazards from Wildland Fire NFPA 1710, Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations
1 US Department of the Interior and US Department of Agriculture, 2014, The National Strategy: The Final Phase of Development of the National Cohesive Wildland Fire Management Strategy, https://www.forestsandrangelands.gov/documents/strategy/strategy/CSPhaseIIINationalStrategyApr2014.pdf.
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State Regulations
California Department of Forestry and Fire Protection
The California Department of Forestry and Fire Protection (CAL FIRE) is dedicated to the fire protection and stewardship of over 31 million acres of California’s wildlands. CAL FIRE provides fire assessment and firefighting services for land in State Responsibility Areas (SRA), conducts educational and training programs, provides fire planning guidance and mapping, and reviews general plan safety elements to ensure compliance with State fire safety requirements. CAL FIRE staff, or a designee, also reviews building permit applications, parcel maps, and use permits for construction or development in SRAs and Local Responsibility Areas (LRA).
The Board of Forestry and Fire Protection is a government-appointed approval body within CAL FIRE. It is responsible for developing the general forest policy of the state, determining the guidance policies of CAL FIRE, and representing the state’s interest in federal forestland in California. The Board of Forestry and Fire Protection also promulgates regulations and approves general plan safety elements that are adopted by local governments for compliance with State statutes.
The California Office of the State Fire Marshal supports the mission of CAL FIRE by focusing on fire prevention. These responsibilities include regulating buildings in which people live, congregate, or are confined; controlling substances and products that may, in and of themselves or by their misuse, cause injuries, death, and destruction by fire; providing statewide direction for fire prevention within wildland areas; regulating hazardous liquid pipelines; developing and renewing regulations and building standards; and providing training and education in fire protection methods and responsibilities. These are accomplished through major programs, including engineering, education, enforcement, and support from the Board of Forestry and Fire Protection. For jurisdictions in SRAs or very high fire hazard severity zones (FHSZ), the Land Use Planning Program division of the Office of State Fire Marshal reviews safety elements during the update process to ensure consistency with California Government Code, Section 65302(g)(3).
Together, the Board of Forestry and Fire Protection, Office of State Fire Marshal, and CAL FIRE protect and enhance the forest resources of all wildland areas of California that are not under federal jurisdiction.
Fire Hazard Severity Zones and Responsibility Areas
CAL FIRE designates FHSZs as authorized under California Government Code Sections 51175 et seq. FHSZs may be designated Very High, High, or Moderate. CAL FIRE considers many factors when designating FHSZs, including fire history, existing and potential vegetation fuel, flame length, blowing embers, terrain, and weather patterns for the area. CAL FIRE designates FHSZs in two types of areas depending on which level of government is financially responsible for fire protection. Local Responsibility Area (LRA). Incorporated communities are financially responsible for wildfire protection.
State Responsibility Area (SRA). CAL FIRE and contracted counties are financially responsible for wildfire protection.
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CAL FIRE Strategic Fire Plan
CAL FIRE produced the 2018 Strategic Fire Plan for California, with goals, objectives, and policies to prepare for and mitigate the effects of fire on California’s natural and built environments.2 The 2018 Strategic Plan focuses on fire prevention and suppression activities to protect lives, property, and ecosystems in addition to providing natural resource management to maintain state forests as a resilient carbon sink to meet California’s climate change goals. A key component of the 2018 Strategic Fire Plan for California is the collaboration between communities to ensure fire suppression and natural resource management is successful.3
2021 California’s Wildfire and Forest Resilience Action Plan The Governor’s Forest Management Task Force developed California’s Wildfire and Forest Resilience Action Plan, which is a framework for establishing healthy and resilient forests that can withstand and adapt to wildfire, drought, and climate change. The Wildfire and Forest Resilience Action Plan accelerates efforts to restore the health and resilience of California’s forests, grasslands, and natural places; improves the fire safety of communities; and sustains the economic vitality of rural forested areas. CAL FIRE, in partnership with the US Forest Service, intends to scale up forest thinning and prescribed fire; integrate climate adaptation into the statewide network of regional forest and community fire resilience plans; improve the electricity grid resilience, and promote sustainable land use.
State Responsibility Area and Very High Fire Hazard Severity Zone Fire Safe Regulations California Code of Regulations (CCR) Title 14, Division 1.5, Chapter 7, Subchapter 2, SRA/Very High FHSZ Fire Safe Regulations, establishes minimum wildfire protection standards for construction and development in the SRA and Very High FHSZ and requires CAL FIRE to review development proposals and enact recommendations that serve as conditions of approval in these zones. These regulations apply to all residential, commercial, and industrial buildings in the Very High FHSZ and all tentative and parcel maps.
These standards include basic emergency access and perimeter wildfire protection measures, signing and building numbering, private water supply resources for emergency fire use, and vegetation modification.
Fire Safe Regulations also include a minimum setback of 30 feet for all buildings from property lines and/or the center of a road. Section 1273.08, Dead-End Roads, of these standards provides regulations for the maximum lengths of single-access roadways:
Parcels zoned for less than one acre: 800 feet
Parcels zoned for 1 acre to 4.99 acres: 1,320 feet
Parcels zoned for 5 acres to 19.99 acres: 2,640 feet
Parcels zoned for 20 acres or larger: 5,280 feet
Fire Safe Regulations, Section 1299.03, Fire Hazard Reduction Around Buildings and Structure Requirements, provides defensible space requirements for areas within 30 feet of a structure (Zone 1) and
2 California State Board of Forestry and Fire Protection, 2018, 2018 Strategic Fire Plan for California, https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/fire-plan/, accessed January 11, 2024. 3 California State Board of Forestry and Fire Protection, 2018, 2018 Strategic Fire Plan for California, https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/fire-plan/, accessed January 11, 2024.
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between 30 and 100 feet from a structure (Zone 2). In Zone 1, all dead and dying plants must be removed, as must any vegetation that could catch fire. In Zone 2, horizontal and vertical spacing among shrubs and trees must be created and maintained.
Public Resources Code Section 4291
Public Resources Code (PRC) Section 4291, Mountainous, Forest-, Brush- and Grass-Covered Lands, is intended for any person who owns, lease, controls, operates, or maintains a building or structure in a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, regardless of whether the property is in an SRA or Very High FHSZ. This section requires defensible space to be maintained within 100 feet from each side of a structure. An ember- resistant zone is also required within 5 feet of a structure and more intense fuel reduction between 5 and 30 feet of a structure.
California Building Standards Code
The California Buildings Standards Code (CCR Title 24) provides 12 different codes for construction and buildings in California. This code is updated every three years, with the most recent version effective January 1, 2023. Cupertino regularly adopts the most recent version of the California Building Standards Code, with modifications, into the Cupertino Municipal Code (CMC), Title 16, Building and Construction.
Building Design Standards
The California Building Code (CBC), Part 2 of CCR Title 24, identifies building design standards, including those for fire safety. It is effective statewide, but a local jurisdiction may adopt more restrictive standards based on local conditions under specific amendment rules prescribed by the State Building Standards Commission. Residential buildings are plan checked by local city building officials for compliance with the CBC and any applicable local edits. Typical fire safety requirements of the CBC include the installation of sprinklers in buildings and other facilities; the establishment of fire-resistance standards for fire doors, building materials, and particular types of construction in high FHSZs; requirements for smoke-detection systems; exiting requirements; and the clearance of debris.
Materials and Methods for Exterior Wildfire Exposure
Chapter 7A of the CBC, Materials and Methods for Exterior Wildfire Exposure, prescribes building materials and construction methods for new buildings in an FHSZ or Wildland Interface Fire Area. Chapter 7A contains requirements for roofing; attic ventilation; exterior walls; exterior windows and glazing; exterior doors; decking; protection of underfloor, appendages, and floor projections; and ancillary structures. Other requirements include vegetation management compliance, as prescribed in the CFC Section 4906 and PRC Section 4291.
California Fire Code
The CFC incorporates, by adoption, the International Fire Code of the International Code Council, with California amendments. This is the official fire code for the State and all political subdivisions. It is found in 24 CCR Part 9, and like the CBC, is revised and published every three years by the California Building GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Standards Commission. Also like the CBC, the CFC is effective statewide, but a local jurisdiction may adopt more restrictive standards based on local conditions. The City of Cupertino regularly adopts each new CFC update under CMC Section 16.40, Fire Code. The CFC is a model code that regulates minimum fire safety regulations for new and existing buildings; facilities; storage; 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.
Fire Safety During Construction and Demolition
Chapter 33 of the CFC, Fire Safety During Construction and Demolition, provides requirements for fire safety precautions during construction and demolition of a development project. The purpose of this chapter is to provide reasonable safety to life and property from fire during construction and demolition operations, including those in underground locations. Specific requirements include a prohibition of smoking on-site, except for in approved areas; management of combustible materials and debris; cutting and welding; electrical wiring; and cooking. Additional requirements include the preparation of site safety plans prior to building permit issuance, providing fire watch during nonworking hours, and maintaining water supply for fire protection as soon as combustible materials arrive on a project site.
Wildland-Urban Interface Areas
Chapter 49, Requirements for Wildland Urban Interface Fire Areas, of the CFC applies to any geographical area identified as a FHSZ by CAL FIRE. It defines FHSZs, connects to the SRA/Very High FHSZ Fire Safe Regulation requirements for defensible space, and parallels requirements for wildfire protection building construction and hazardous vegetation fuel management in other sections of the CCR and the PRC.
Chapter 49 of the 2022 CFC includes a definition for the wildland-urban interface (WUI) and provides requirements for fire protection plans, landslide plans, long-term vegetation management, and creation and maintenance of defensible space for all new development within the WUI.
California Public Utilities Commission
In 2007, wildfires in southern California were ignited by overhead utility power lines and aerial communication facilities near power lines. In response, the California Public Utilities Commission (CPUC) began considering and adopting regulations to protect the public from fire hazards due to overhead power lines and nearby aerial communication facilities. The CPUC published a Fire-Threat Map under Rulemaking 15-05-006, following procedures in Decision 17-01-009, revised by Decision 17-06-024, which adopted a work plan for the development of a utility high fire-threat district where enhanced fire safety regulations in Decision 17-12-024 apply.
4 The fire regulations require electric utilities to:5
4 California Public Utilities Commission, accessed on January 11, 2024, https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M172/K762/172762082.PDF. 5 California Public Utilities Commission, press release: CPUC Adopts New Fire-Safety Regulations, accessed on January 11, 2024, http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M201/K352/201352402.PDF.
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Prioritize the correction of safety hazards.
Correct nonimmediate fire risks in “Tier 2” (elevated fire threat) areas on the CPUC high fire-threat district within 12 months, and in “Tier 3” (extreme fire threat) areas within 6 months. Maintain increased clearances between vegetation and power lines within the high fire-threat district. Maintain stricter wire-to-wire clearances for new and reconstructed facilities in Tier 3 areas. Conduct annual inspections of overhead distribution facilities in rural areas of Tier 2 and Tier 3 areas. Prepare a fire prevention plan annually if overhead facilities exist in the high fire-threat district.
California Environmental Quality Act
In November 2022 the California Attorney General issued the Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Environmental Quality Act. This guidance document was designed to help lead agencies comply with the California Environmental Quality Act (CEQA) (PRC Section 21000 et seq) when considering whether to approve projects in wildfire-prone areas.
These areas are often in the WUI area—i.e., the area where the built environment meets or intermingles with the natural environment. This guidance provides suggestions for how best to comply with CEQA when analyzing and mitigating a proposed project’s impacts on wildfire ignition risk, emergency access, and evacuation. The guidance is aimed at proposed development projects, such as residential, recreational, or commercial developments. The extent to which it applies will vary by project based on project design and location. It does not impose additional requirements on local governments or alter any applicable laws or regulations, but is intended to provide guidance on some of the issues, alternatives, and mitigation measures that should be considered during the environmental review process.
Regional Regulations
Santa Clara County Wildfire Protection Plan
The Santa Clara County Wildfire Protection Plan, developed in August 2023 by the Santa Clara County FireSafe Council, is intended to assist in protecting human life and reduce property loss from wildfire throughout the county.6 The 2023 update was prepared in compliance with the Federal Healthy Forests Restoration Act of 2003 and achieves three major goals:
1. Provide a countywide scale of wildfire risk and protection needs.
2. Bring together all responsible wildfire management and suppression entities in the planning area to address the identified needs.
3. Provide a framework for future planning and implementation of necessary mitigation measures.
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
6 Santa Clara County, 2023, Santa Clara County Community Wildfire Protection Plan, accessed January 12, 2024, https://santa-clara-cwpp-sccfc.hub.arcgis.com/.
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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 the Federal Emergency Management Agency (FEMA) and 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, the California Governor’s Office of Emergency Services reviews all local hazard mitigation plans in accordance with the Disaster Mitigation Act of 2000 regulations, and coordinates with local jurisdictions to ensure compliance with FEMA’s Local Mitigation Plan Review Guide.
Santa Clara County Fire Department Strategic Plan
The Santa Clara County Fire Department Strategic Plan, adopted in 2023, provides goals and strategies focused on short-term challenges and gaps that impede service. The strategic plan is a comprehensive, living, and active management tool that helps focus organizational resources on achieving short-term, measurable outcomes for the Santa Clara County Fire Department. The Santa Clara County Fire Department Strategic Plan includes 12 distinct goals aimed at improving the safety of residents and firefighters, increasing agency resiliency and efficiency, reducing fire-related damage, and preparing the community for disasters.
Local Regulations
General Plan 2040
The General Plan 2040 the Environmental Resources and Sustainability (ES) and Health and Safety (HS) Elements contain goals, policies, and strategies that require local planning and development decisions to consider wildfire impacts. Applicable policies and strategies that would minimize potential adverse wildfire impacts are identified in Section 4.16.3, Impact Discussion.
Municipal Code
The 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 in Title 14, Streets, Sidewalks, and Landscaping, and Title 16, Buildings and Construction, as follows:
Chapter 14.20, Underground Utilities; Conversions and Chapter 14.24, Undergrounding Utilities – New Development. CMC Chapter 14.20 allows the City Council to call public hearings to decide whether designated areas of the city require the removal of existing poles, overhead wires, and associated overhead structures related to utility lines. If approved, these areas become Underground Utility Districts and the Public Works Department, in collaboration with the utility owner, shall work together GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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to underground existing utilities. CMC Chapter 14.24 requires new development to underground all utilities during construction.
Chapter 16.04, Building Code. This chapter adopts the CBC into the CMC. Additionally, Section
16.04.260, Fire Protection and Life Safety Systems, requires all new development to include automatic sprinkler systems and contains regulations for firewalls and fire barriers used to separate building areas.
Chapter 16.08, Excavations, Grading and Retaining Walls. This chapter provides regulations for excavation, grading, clearing, and retaining wall construction, and to preserve and enhance water quality by controlling surface runoff, erosion, and sedimentation, as well as establishes procedures by which these requirements may be enforced.
Chapter 16.40, Fire Code. This chapter adopts the 2022 CFC and the 2021 International Fire Code into the CMC with modifications specific to Cupertino.
Chapter 16.52, Prevention of Flood Damage. This chapter apples to all areas of the special flood hazard zones within the city. This chapter contains requirements for construction, elevation, and floodproofing of buildings within the 100-year floodplain. Chapter 16.74, Wildland Urban Interface Fire Area Adopted. This chapter adopts a map of the Wildland Urban Interface Fire Area into the CMC. This map includes High and Very High FHSZs within the Study Area.
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 Section 8607(a) for managing responses to multiagency and multi-jurisdictional emergencies in California, including those related to hazardous materials.
EXISTING CONDITIONS
The baseline conditions for wildfire were not discussed in the General Plan EIR, and therefore the following sections contain a comprehensive description of wildfire baseline conditions in the Study Area.
Wildfire Background
The term “wildfire” refers to fires that usually result from the ignition of dry grass, brush, or timber .
Historically, wildfires commonly occurred in steep or heavily vegetated areas, which makes suppression of the fire difficult. More recently, wildfires have been encroaching into more urban areas, that is, the wildland-urban interface, threatening homes, businesses, and essential infrastructure. Though wildfires GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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play an important role in the ecology of many natural habitats, risks to human safety and property increase as urban development moves into areas susceptible to wildfire hazards.
Types of Wildfires
There are three basic types of wildland fires:7
Crown fires burn trees to their tops; these are the most intense and dangerous wildland fires. Surface fires burn surface litter and duff. These are the easiest fires to extinguish and cause the least damage to the forest. Brush and small trees enable surface fires to reach treetops and are thus referred to as ladder fuels.
Underground fires occur underground in deep accumulations of dead vegetation. These fires move very slowly but can be difficult to extinguish.
Wildfires burn in many types of vegetation—forest, woodland, scrub (including chaparral and sage scrub), and grassland. Many species of native California plants are adapted to fire and habitats such as woodlands, chaparral, and grasslands can recover from fire. For example, some species of chaparral plants, such as ceanothus, require intense heat for germination and therefore have flammable resins on leaves and roots that can quickly sprouts up in burned areas. 8 Between 2010 and 2017, wildfires in
California burned about 265,000 acres of forest land, 207,000 acres of scrub vegetation, 99,000 acres of grassland, 18,000 acres of desert vegetation, and 14,000 acres of other vegetation types. 9 Wildfires have
been observed to be more frequent and growing in intensity over the past several years, with 4,304,379 acres and 2,569,386 acres burning in 2020 and 2021, respectively.10 Wildfire Causes
Although the term wildfire suggests natural origins, a 2017 study that evaluated 1.5 million wildfires in the United States between 1992 and 2012 found that humans were responsible for igniting 84 percent of wildfires, accounting for 44 percent of acreage burned.11 The three most common types of causes of human-caused wildfires are debris burning (logging slash, farm fields, trash, etc.); arson; and equipment
7 Natural Resources Canada, 2021, Fire Behavior, accessed June 16, 2023, https://www.nrcan.gc.ca/forests/ fire-insects-disturbances/fire/13145.
8 National Park Service, 2018, “Wildland Fire in Chaparral: California and Southwestern United States,” https://www.nps.gov/articles/wildland-fire-in-chaparral.htm. 9 State Board of Forestry and Fire Protection and California Department of Forestry and Fire Prevention, August 2018, 2018 Strategic Fire Plan for California, accessed June 16, 2023, https://osfm.fire.ca.gov/media/5590/2018-strategic-fire-plan -approved-08_22_18.pdf.
10 CAL FIRE, “Acres Burned vs Structures Destroyed,” accessed June 16, 2023, https://34c031f8-c9fd-4018-8c5a -4159cdff6b0d-cdn-endpoint.azureedge.net/-/media/calfire-website/images---misc/acres-burned-vs-structures -destroyed2022.jpg?rev=f043785e8027411caa4a6c8b176a4e26&hash=DDC50776FEF6C19D8619CA6337CF2481. 11 Balch, Jennifer, Bethany Bradley, John Abatzoglou, et. al., January 2017, Human-Started Wildfires Expand the Fire Niche Across the United States, accessed June 16, 2023, https://www.pnas.org/content/pnas/114/11/2946.full.pdf.
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use.12,13 Lightning is the major natural cause of wildfire in the United States, with more than 40 percent of wildfires in the western United States caused by lightning between 1992 and 2015.14,15 Power lines can ignite wildfires several ways, including:16 Downed lines: downed power lines can produce arcing that can cause the powerlines to spark and ignite vegetation.
Vegetation contact: a branch contacting two conductors for a sufficient duration may ignite the branch; a tree falling on a line can cause a downed line. High winds and severe weather: conductors can slap together during high winds and severe weather, creating arcing of the powerlines and ejecting hot metal particles that can ignite flammable matter on the ground.
Equipment failures: As circuit components deteriorate, they can arc and spark and thus ignite nearby flammable matter.
An analysis of US Forest Service wildfire data from 1986 to 1996 determined that 95 percent of human- caused wildfires, and 90 percent of all wildfires, occurred within 0.5 mile of a road; and that about 61 percent of all wildfires and 55 percent of human-caused wildfires occurred within approximately 650 feet (200 meters) of a road.
17 The study concluded that the increase in human-caused ignition from new roads greatly outweighs the benefits of increased access for firefighters.
Wildfires ignite structures in three ways: burning embers landing on the structure or flammable material next to the structure, direct flame contact, and radiant heat from fire close to the structure. Embers are the most common cause of home ignition. Embers ignite structures by entering through attic vents, igniting flammable materials around the home (litter in the roof gutter; wood stacks; or wood fencing), or finding their way under roofing materials.18
CAL FIRE estimated in 2010 that there were about three million housing units in California in FHSZs and potentially at risk from wildland fire—that is, just over 20 percent of the total housing units in the state.19
12 Pacific Biodiversity Institute, May 2007, Roads and Wildfires, accessed June 16, 2023, http://www.pacificbio.org/publications/wildfire_studies/Roads_And_Wildfires_2007.pdf. 13 Miscellaneous human activities (unspecified) are ranked above equipment use in percentage of wildfires caused. 14 Balch, Jennifer, Bethany Bradley, John Abatzoglou, et. al., January 2017, Human-Started Wildfires Expand the Fire Niche Across the United States, accessed June 16, 2023, https://www.pnas.org/content/pnas/114/11/2946.full.pdf. 15 Cart, Julie, 2023, “Lightning could spark more California fire as world warms,” CAL MATTERS, accessed January 12, 2024, https://calmatters.org/environment/2021/09/california-fires-lightning/. 16 Texas Wildfire Mitigation Project, 2014, How Do Power Lines Cause Wildfires? accessed June 16, 2023, https://wildfiremitigation.tees.tamus.edu/faqs/how-power-lines-cause-wildfires. 17 Pacific Biodiversity Institute, May 2007, Roads and Wildfires, accessed June 16, 2023, http://www.pacificbio.org/publications/wildfire_studies/Roads_And_Wildfires_2007.pdf. 18 California Chaparral Institute, Protecting Your Home from Fire, accessed June 16, 2023, https://www.californiachaparral.org/fire/protecting-your-home/. 19 State Board of Forestry and Fire Protection and California Department of Forestry and Fire Prevention, August 2018, 2018 Strategic Fire Plan for California, accessed June 16, 2023, https://osfm.fire.ca.gov/media/5590/2018-strategic-fire-plan -approved-08_22_18.pdf.
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According to CAL FIRE data, approximately 95 percent of structures seriously damaged in California wildfires from 2013 to 2020 took place in FHSZs in the SRA or LRA or on federal lands.20 Wildland-Urban Interface Fire Areas
The Wildland-Urban Interface Fire Area (WUIFA) is any area where structures and other human developments meet or intermingle with wildland vegetative fuels—shrubs, trees, and grasses.
Developments in the WUI exacerbate fire occurrence and fire spread in several ways:
Increased numbers of people near and in wildland areas, creating more frequent human-caused wildfires.
Wildfires become harder to fight due to simultaneous evacuation and firefighting resources diverted from containing the wildfire to protecting lives and homes. Letting natural fires burn becomes impossible, leading to buildup of fuel in brush and forested areas and overgrowth of grasslands, increasing wildfire hazard further.21 Properties in the WUIFA are subject to building and property maintenance standards intended to prevent and manage community safety due to brush and forest fires. Planning for such areas also requires attention to the availability of access roads and water for firefighting and evacuation efforts.
Secondary Effects of Wildfire
Secondary effects of wildfire include additional hazards such as landslides, poor air quality, and power outages. This section describes potential secondary hazards.
Post-fire landslide hazards include fast-moving, highly destructive debris flows that can occur in the years immediately after wildfires in response to high-intensity rainfall events, and flows that are generated over longer time periods that are accompanied by root decay and loss of soil strength. Post-fire debris flows are particularly hazardous because they can occur with little warning, exert great impulsive loads on objects in their paths, strip vegetation, block drainage ways, damage structures, and endanger human life. Debris flows differ from mudflows in that debris flows are composed of larger particles.
Fires increase the potential for debris flows in two ways:
22 Fires may bake soil into a hard crust that repels water. Fires destroy vegetation that would slow and absorb rainfall, and whose roots would help stabilize soil.
20 CapRadio, December 2021, “After years of delays, CalFire says updated and expanded wildfire hazard maps are on their way,” accessed June 16, 2023, https://www.capradio.org/articles/2021/12/20/after-years-of-delays-calfire-says-updated-and- expanded-wildfire-hazard-maps-are-on-their-way/.
21 Radeloff, Volker, David Helmers, H. Kramer, et al., February 2018, Rapid Growth of the US Wildland-Urban Interface Raises Wildfire Risk, accessed January 12, 2024, https://www.pnas.org/content/pnas/115/13/3314.full.pdf. 22 United States Geological Survey, November 2018, “New post-wildfire resource guide now available to help communities cope with flood and debris flow danger,” accessed January 12, 2024, https://www.usgs.gov/center-news/post-wildfire -playbook?qt-news_science_products=1#qt-news_science_products.
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Post-fire debris flows are most common in the two years after a fire; they are usually triggered by heavy rainfall. It takes much less rainfall to trigger debris flows from burned basins than from unburned areas. In southern California, as little as 0.3 inches of rainfall in 30 minutes has triggered debris flows, and any storm that has intensities greater than about 0.4 inches per hour can produce debris flows.23 The burning of vegetation and soil on slopes more than doubles the rate that water will run off into watercourses. As discussed in General Plan EIR Section 4.5.1.2, Existing Conditions, landslides and debris flows have the potential to occur in the Study Area, most notably on steeper slopes in the western and southwestern portions of the city. In these areas, landslides are commonly associated with slopes underlain with Franciscan sheared rock (mélange) and pre-existing landslide deposits.24 In addition to damaging natural environments, wildfires can injure and kill residents and firefighters as well as damage or destroy structures and personal property. Wildfires also deplete water reserves, down power lines, disrupt communication services, and block evacuation routes, which can isolate neighborhoods. Wildfires can indirectly cause flooding if flood control facilities become inadequate to handle increases in stormwater runoff, sediment, and debris that are likely to be generated from burn scars.
Regionally, smoke from wildfires creates poor air quality that can last for days or weeks, depending on the scale of the wildfire and wind patterns. Smoke itself is made up of a complex mixture of gases and fine particles produced when wood and other organic materials burn. Health risks from smoke inhalation are largely from microscopic particles (PM
2.5) that can penetrate the lungs and cause a range of health problems, including chronic heart and lung diseases. Exposure to particulate pollution is even linked to premature death. There are some populations that are more sensitive than others to smoke—for instance, people with heart or lung diseases, seniors, children, people with diabetes, people with compromised immune systems, and pregnant women.
25 Through observations of wildfires, experts have
determined that the large plumes of smoke from large wildfires can result in that smoke and ash being carried thousands of miles from the burn area of the wildfire. Therefore, air pollution is a major secondary risk from wildfires in the region.26
Wildfire in the Study Area
The Study Area has land in both an LRA and SRA. As shown on Figure 4.16-1, Fire Hazard Severity Zones, portions along the northwestern Sphere of Influence are in an SRA and are classified as high and moderate FHSZs. With the city limits, land is within the LRA. A portion of land in the city limits just north of the southern city limit, where Upland Way and Rainbow Drive meet Fremont Older Open Space Preserve, is classified as Very High FHSZ, as shown on Figure 4.16-1.
23 California Water Science Center, October 2018, Post-Fire Flooding and Debris Flow, United States Geological Survey, accessed June 16, 2023, https://ca.water.usgs.gov/wildfires/wildfires-debris-flow.html. 24 Association of Bay Area Governments, 2023, MTC/ABAG Hazard Viewer Map, Landslide Hazard (Rainfall Induced), accessed June 16, 2023, https://mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfcd086fc8. 25 US Geological Survey, 2018, How Smoke Fires Can Affect Your Health, accessed on June 16, 2023, https://www.epa.gov/pm-pollution/how-smoke-fires-can-affect-your-health. 26 Nasa Earth Observatory, August 2018, Smoky Skies in North America, accessed on June 16, 2023, https://earthobservatory.nasa.gov/images/92612/smoky-skies-in-north-america.
Source: City of Cupertino, 2023, CAL FIRE, 2022.
0 Scale (Miles)
1 Figure 4.16-1
Fire Hazard Severity Zones
WILDFIRE
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According to the California Office of Emergency Services, a WUIFA is defined as any area where structures and other human development meet or intermingle within wildland vegetation.27 Unlike wildfire in wildland areas, fires in WUIFAs are more likely to damage or destroy buildings and infrastructure that support populations, the economy, and key services in the city. The City-adopted WUIFAs are shown on Figure 4.16-2, Wildland-Urban Interface Fire Areas. The western and southwestern portions of the city are in high-risk areas, and a small portion of the city on the east border of Fremont Older Open Space Preserve is in a very high risk area. The WUIFA borders unincorporated Santa Clara County. It is zoned as Open Space, Public Park, Recreational Zone (OS/PR), Agricultural Residential (A), and Single Family Residential (R1).
Wildfire History
CAL FIRE maintains a list of historical fires throughout the state. According to CAL FIRE, in the summer of 2007 the Stevens Fire burned 151 acres near Stevens Canyon Reservoir, to the southwest and outside of the Study Area.28
Factors Influencing Wildfire
Several factors influence wildfire conditions and facilitate the spread of wildfires, including weather conditions, fuels, topography, and climate change. Human actions are the leading cause of wildfires in California, increasing the risk of wildfire devastating natural lands and communities. This section describes these five factors in the context of Cupertino.
Weather
The climate in Cupertino is generally referred to as “Mediterranean,” with hot, dry summers and cool, wet winters. The weather is generally mild throughout the year . Due to the proximity of the Pacific Ocean and San Francisco Bay, fog and overcast conditions are common in the morning and evening.29 The city receives an average of approximately 24 inches of precipitation annually.30 Because the summer months are generally hot and dry, the risk of wildfires has historically been greatest in summer and fall. Relative humidity is also an important fire-related weather factor. As humidity levels drop, the dry air causes vegetation moisture levels to decrease, thereby increasing the likelihood that plant material will readily ignite and burn; the risk of wildfire increases when lightning strikes occur during dry periods.
Wind is a major weather factor of wildfire behavior. Average wind speeds in Cupertino vary only slightly throughout the year, with the windier part of the year from March to July with average wind speeds of
7.6 miles per hour, and the calmer part of the year from August to March with average wind speeds of
27 California Office of Emergency Services, 2018, California State Hazard Mitigation Plan. 28 Santa Clara, County of, October 15, 2017, Santa Clara County Operational Area Hazard Mitigation Plan, accessed June 19, 2023, https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/files/For%20Partners/Local-Hazard-Mitigation-Plan -LHMP-Vol-1.pdf.
29 California Department of Forestry and Fire Protection, updated May 2022, San Mateo – Santa Cruz Unit: 2022 Strategic Fire Plan, accessed June 16, 2023, https://osfm.fire.ca.gov/media/lznihvwb/2022-san-mateo-santa-cruz-san-fransisco-unit-fire -plan.pdf.
30 Cal-Adapt, 2022, Annual Averages, accessed June 16, 2023, https://cal-adapt.org/tools/annual-averages/.
Source: City of Cupertino, 2023.
0 Scale (Miles)
1 Figure 4.16-2
Wildland-Urban Interface Fire Areas
WILDFIRE
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6.5 miles per hour .31 Wind is most commonly from the west from February to November, with winds from the north from November to February.32
Diablo winds, which are a type of downslope, warm, northerly to northeasterly wind, flow over the Diablo Mountain range and have had reported speeds of up to 100 miles per hour .33 As wind speeds increase, the rate of fire spread, intensity, and ember spread potential also increases. Gusty and erratic wind conditions can cause a wildfire to spread irregularly, making it difficult to predict its path and effectively deploy fire suppression forces. Winds from the northeast in the late summer and fall compound with lower relative humidity, creating “red flag” conditions. 34 Diablo winds and low humidity are especially
dangerous because low humidity can dry out trees and other fuel that may also be weakened by the winds. This can increase wildfire conditions in the Study Area. Wind shifts can also occur suddenly due to temperature changes and interactions with steep slopes or hillsides, causing fires to spread unpredictably.
Fall has historically been one of the most dangerous times for wildfire risk, as periods of very high temperatures, low humidity, and strong wind increase, causing “red flag” warnings and extreme fire danger .
Fuel
The qualities of vegetation that directly influence fire risk include fuel type and size, loading, arrangement, chemical composition, and dead and live fuel moisture, which contributes to the flammability characteristics of the vegetation. As shown on Figure 4.3-1 of the General Plan EIR, Vegetation Habitat Types, the Study Area includes 14 habitat types. Forests make up less than 1 percent of the vegetation cover in the Study Area. The majority of vegetation consists of Coastal Oak Woodland (591 acres), Annual Grass (329 acres), Chamise-Redshank Chaparral (298 acres), and Coastal Scrub (168 acres). Grasslands and scrublands are highly flammable, particularly leaf litter that is left to accumulate, ultimately dries, and provides fuel for potential fires. The fire risk in grassland and scrubland vegetation communities can be reduced through several tactics, primarily controlled burns and annual grazing.35 Topography
Slope is a measure of land steepness, and wildfire intensity and rate of spread increase as slope increases due to the tendency of heat from a fire to rise via convection. For example, as slope increases from 20 to 40 percent, flame heights can double, and rates of fire spread can increase fourfold; from 40 to 60 percent, flame can become three times higher and rates of spread can increase eightfold. The arrangement of vegetation throughout a hillside can also contribute to increased fire activity on slopes. As
31 Weatherspark, “Climate and Average Weather Year Round in Cupertino,” accessed January 12, 2024, https://weatherspark.com/y/504/Average-Weather-in-Cupertino-California-United-States-Year-Round. 32 Weatherspark, “Climate and Average Weather Year Round in Cupertino,” accessed January 12, 2024, https://weatherspark.com/y/504/Average-Weather-in-Cupertino-California-United-States-Year-Round. 33 Liu, YC., P. Di, S. H. Chen, et al., November 28, 2020, Climatology of diablo winds in Northern California and their relationships with large-scale climate variabilities, accessed June 16, 2023, https://doi.org/10.1007/s00382-020-05535-5. 34 The National Weather Service issues “red flag” weather day warnings when certain weather elements such as low relative humidity and strong winds could lead to increased wildfire risk. 35 The Nature Conservancy, Restoring Fire to Native Grasslands, accessed January 12, 2024, https://www.nature.org/ en-us/about-us/where-we-work/united-states/minnesota/stories-in-minnesota/restoring-fire-to-native-grasslands/.
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described in Chapter 4.5, Geology, Soils, & Seismicity, of the General Plan EIR, the topography of the Study Area is largely flat, with hilly slopes in the western and southwestern portion of the city. The surrounding foothills at the outskirts of the Study Area include a varied, sloped terrain.
Climate Change
Climate change is likely to increase annual average temperatures in Cupertino from a historical 69.4 degrees Fahrenheit (oF), to 73.5 oF by 2050 and 76.5oF by 2100.36 This will likely create warmer temperatures earlier and later in the year. Precipitation levels are projected to vary over the course of the century, changing from a historical annual average of 23.7 inches per year, to an annual average of 26.3 inches by 2050 and an annual average of 29.6 inches by 2099.37 Variations in precipitation patterns will also lead to an increase in frequency and intensity of heavy precipitation events as well as prolonged periods of drought. The combination of extreme heat and droughts can cause soils and vegetation to dry out, creating more fuel for wildfires. These factors are expected to increase wildfire conditions, creating a risk of more frequent and intense wildfires. Because wildfires burn the trees and other vegetation that help stabilize a hillside and absorb water, more areas burned by fire may also lead to an increase in landslides and floods. Historically, an average of 101 acres have burned annually in the Study Area.
Wildfires are projected to decrease to an annual average in the Study Area of 88 acres burned by 2050 and an increase in annual average of 105 acres burned by 2100. 38 Human Actions
Most wildfires are ignited by human action, the result of direct acts of arson, carelessness, or accidents.
Many fires originate in populated areas along roads and around homes and are often the result of careless disposal of cigarettes, mowing of dead grass, electrical equipment malfunction, use of equipment, or burning of debris. Recreation areas with increased human activity that are in fire-prone areas also increase the potential for wildfires.
Fire Protection Resources
Fire protection services in Cupertino are provided by Santa Clara County Fire Department (SCCFD), which operates three fire stations in Cupertino:
Cupertino Fire Station at 20215 Stevens Creek Boulevard Monta Vista Fire Station at 22620 Stevens Creek Boulevard Seven Springs Fire Station at 21000 Seven Springs Parkway The Fire Prevention Division provides a comprehensive fire/life safety plan review for land development, new building construction, interior remodel projects, fire suppression and fire alarm systems. In addition, periodic construction inspections are performed to ensure that completed projects conform to both state
36 Cal-Adapt, 2023, Annual Averages, accessed January 12, 2024, https://cal-adapt.org/tools/annual-averages/. 37 Cal-Adapt, 2023, Annual Averages, accessed January 12, 2024, https://cal-adapt.org/tools/annual-averages/. 38 Cal-Adapt, 2023, Wildfire, accessed January 12, 2024, https://cal-adapt.org/tools/wildfire.
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and local fire safety regulations. For existing commercial buildings, the Fire Prevention Division provides an annual inspection program that is delivered through both Fire Prevention Division and fire station personnel. Annual inspections are conducted to ensure reasonable compliance with the general and specific fire safety regulations for each occupancy type, as specified in the adopted Fire and Building Codes.
The SCCFD manages and implements a hazardous brush abatement program for hillside areas within its jurisdictional boundaries. In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their homes to create defensible space. The brush abatement program entails inspections of hillside properties by fire crews beginning early April each year. The costs associated with the abatement work are then placed on the property tax bill for that parcel.
Section 4.12, Public Services and Recreation, of the General Plan EIR, provides additional details about fire protection resources and services in Cupertino.
Evacuation and Access
Evacuation routes are designated roadways that allow many people to quickly leave an area due to a potential or imminent disaster. These routes should have sufficient capacity to accommodate the needs of the community, be safely and easily accessible, and allow people to travel far enough away to be safe from emergency conditions.
As shown on Figure 4.16-3, Evacuation Routes, the primary evacuation routes roads and highways that traverse the city include:
Interstate 280
State Route 85
Bellinger Road
De Anza Boulevard
Lawrence Expressway
McClellan Road
North Foothill Boulevard
North Stelling Road
Prospect Road
Rainbow Drive
Stevens Canyon Road
Stevens Creek Boulevard
West Homestead Road
Wolfe Drive
Several residential neighborhoods throughout the Study Area have evacuation constraints, meaning only one road in and out of a neighborhood. Figure 4.16-4, Evacuation-Constrained Residential Areas,39 shows identified evacuation-constrained residential areas throughout the city, including sites within wildfire hazard zones in the western and southwestern portion of the city.
39 Evacuation-constrained areas mean residential parcels that have fewer than two access routes or residential parcels that are more than 0.5 miles away from the nearest evacuation route. This map was created pursuant to SB 99 and California Government Code Section 65302(g)(5).
Source: City of Cupertino, 2023, OSM, 2023.
0 Scale (Miles)
1 Figure 4.16-3
Evacuation Routes
WILDFIRE
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Source: USGS, NASA: OpenStreetMaps, City of Cupertino, 2023. 0 Scale (Miles)
1 Figure 4.16-4
Evacuation-Constrained Residential Areas
WILDFIRE
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4.16.2 Standards of Significance
Implementation of the proposed Modified Project would result in significant wildfire impacts if it would:
Impact of the
Approved Project
(General Plan
2040 EIR)
Impact of the
Proposed
Modified Project
FIRE-1. Substantially impair an adopted emergency response plan or emergency evacuation plan? LTS LTS
FIRE-2. Exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? N/A LTS FIRE-3. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) but would not exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
N/A LTS
FIRE-4. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
N/A LTS
FIRE-5. Result in a cumulatively considerable impact with respect to wildfire? N/A LTS 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. Wildfire has been added as a separate impact category to Appendix G, thus this EA analyzes the current wildfire questions in addition to FIRE-4, which was included in the General Plan EIR as HAZ-7. In the General Plan EIR, wildfire impacts were included in Chapter 4.8, Hazards and Hazardous Materials.
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
4.16.3 Impact Discussion
FIRE-1 Implementation of the proposed Modified Project would not substantially impair an adopted emergency response plan or emergency evacuation plan.
As described in the General Plan EIR, Section 4.7, Hazards and Hazardous Materials, potential future development as a result of implementation of the Approved Project would not substantially impair an adopted emergency response plan or emergency evacuation plan through compliance with applicable federal, State, and local regulations. Impacts to emergency response planning were found to be less than significant and no mitigation measures were required. However, since the certification of the General Plan EIR, the EOP has been updated, and an evacuation plan through Genasys Protection, formerly known as Zonehaven, has been developed for each of the 34 evacuation zones in Cupertino.
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 Services and the SCCFD. The Cupertino EOP is the primary emergency response plan for the city and is described under Section 4.16.1.1, Regulatory Framework. In the event of an emergency, the City would activate personnel and mobilize response assets to support the incident response. During a wildfire, the SCCFD would perform firefighting activities and urban search-and-rescue activities, and the Santa Clara County Sheriff’s Department would be responsible for conducting GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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evacuations. The routes that would be used in the event of an emergency in the plan area are described in Section 4.16.1.2, Existing Conditions.
Section 4.7, Hazards and Hazardous Materials, of the General Plan EIR found that the Health and Safety (HS) Element contains policies that require local planning and development decisions to consider impacts of development on an adopted emergency response plan or emergency evacuation plan. Like the Approved Project, the following existing General Plan 2040 policies, and updated policies as part of the proposed Modified Project, would serve to minimize potential adverse impacts on adopted emergency response plans or emergency evacuation plans:
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) Policy HS-2.2. Emergency Operations Center. Ensure ongoing training of identified City employees on their functions/responsibilities in the EOC and in disaster preparedness, first aid and CPR. (General Plan EIR Policy 6-38)
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-3.2. 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 and 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) Strategy HS- 3.4.2. Access to Gates. Where electronic security gates area allowed, require the installation of an approved key switch to be accessed by the Fire District. Policy HS-3.5. Commercial and Industrial Fire Protection Guidelines. Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses. (General Plan EIR Policy 6-9)
Policy HS-3.6. Fire Prevention and Emergency Preparedness. Promote fire prevention and emergency preparedness through city-initiated public education programs, the government television channel, the Internet and the Cupertino Scene. (General Plan EIR Policy 6-10) The proposed Modified Project would include potential future development and increased housing densities within the same boundaries as the Approved Project. Additionally, the housing opportunity sites under the proposed Modified Project would not be located in a FHSZ or WUIFA. Furthermore, as shown GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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on Figure 4-1, Priority Development Areas and Transit Priority Areas, of this EA, the locations of most 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 and/or underutilized, and/or near existing residential and residential-serving development in developed areas.
As with the future potential 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, and would be required to comply with the adopted Cupertino EOP and evacuation plans.
Therefore, 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.
FIRE-2 Implementation of the proposed Modified Project would not, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.
While the General Plan EIR did not evaluate whether the Approved Project would expose project occupants to pollutant concentrations from a wildfire or uncontrolled spread of a wildfire due to slope, prevailing winds, and other factors, the General Plan EIR does indicate that implementation of Health and Safety Element policies and strategies, along with compliance with State and local requirements, would have less than significant impacts related to wildland fires.
As described in Section 4.16.1.2, Existing Conditions, the Study Area varies from flat in the eastern portion of the city to steeply sloped in the western and southwestern portions of the city, experiences Diablo Wind events, and has other factors such as highly flammable grass- and herb-dominated fuels. Under the Approved Project, wildfires and associated smoke could potentially travel to the Study Area and expose residents to the uncontrolled spread of wildfire or pollutant concentrations due to slope, prevailing winds, and highly flammable fuels. However, the potential future development under the proposed Modified Project would not exacerbate these impacts compared to the Approved Project.
As described in Impact Discussion FIRE-1, the proposed Modified Project does not include Housing Opportunity Sites in a FHSZ or a WUIFA. Future potential development under both the Approved Project and the proposed Modified Project would also be required to comply with the California Building Code, California Fire Code, Very High FHSZ Fire Safe Regulations, PRC Section 4291, and the CMC, which provide requirements for vegetation and fuel management and development on slopes that reduce wildfire impacts. Although prevailing winds would not change in the Study Area, future potential development under the proposed Modified Project would be required to comply with Chapter 7A of the CBC, which requires ignition-resistant materials and design that would make the structures less prone to exacerbate wildfire risks than the existing structures in the Study Area. Additionally, these regulations have been updated since the approval of the Approved Project, and therefore the proposed Modified Project would GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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be required to go beyond the requirements of the Approved Project for vegetation and fuel management in the Study Area to reduce wildfire impacts.
Section 4.7, Hazards and Hazardous Materials, of 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 exacerbating wildfire risks. 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 for wildfire risk therefore exposing project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire:
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 6-1)
Strategy HS-1.1.1. Monitoring and Budgeting. Monitor and fund the LHMP program, 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) 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)
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 Policy 6-4, Policy 6-6, and Policy 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. 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- 3.7. 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)
As with the future potential development assessed in the General Plan EIR, future potential development under the proposed Modified Project would be required to comply with applicable State and local laws, policies, and design standards. Therefore, overall impacts from adoption and implementation of the proposed Modified Project would not result in new or a substantial increase in magnitude of impacts due to slope, prevailing winds, and other factors, that would exacerbate wildfire risks and expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire compared to the Approved Project.
Significance without Mitigation: Less than significant.
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FIRE-3 Implementation of the proposed Modified Project would require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) but would not exacerbate fire risk or that may result in temporary or ongoing impacts to the environment.
Though the General Plan EIR did not evaluate whether the Approved Project would exacerbate fire risk or result in temporary or ongoing impacts to the environment due to the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities), the General Plan EIR does indicate that implementation of the Approved Project would have less than significant impacts related to wildland fires.
Buildout under the Approved Project and proposed Modified Project could require the installation of new roadways, fuel breaks, emergency water sources, power lines, and other utilities to serve development in the Study Area.
Roadways. The proposed Modified Project does not include new roadways in the Very High FHSZ.
Potential future development under the proposed Modified Project could, however, create new or expanded roadways in the western, fire-prone areas of the Study Area. Similar to future potential roadways under the Approved Project, State Very High FHSZ Fire Safe Regulations would prevent structures from being placed within 30 feet of a roadway, reducing the potential for new roadways to exacerbate wildfire risks.
Fuel Breaks. As described in Impact Discussion FIRE-2, the Health and Safety (HS) Element of the Approved Project includes Policy HS-3.1 which includes coordination with regional jurisdictions to continue fuel management and use of “green” fire breaks on open space lands. This policy would still be in place as part of the proposed Modified Project.
Emergency Water Sources. The Health and Safety (HS) Element of the Approved Project includes the Policy HS-3.8, which encourages cooperation between the water utility companies and Fire Department to keep water systems in pace with growth and firefighting service needs. This policy would still be in place as part of the proposed Modified Project. Power Lines. Potential future development under the proposed Modified Project could require electrical line installations and connections to provide power to buildings and infrastructure. However, similar to the Approved Project, the potential future development under the proposed Modified Project would be required to comply with Infrastructure (INF) Element Strategy INF-2.4.2, which requires undergrounding of all utility lines in new developments, which would minimize wildfire risks associated with power lines.
Other Utilities. Potential future development under both the Approved Project and proposed Modified project could also require the installation and maintenance of water systems, sewer systems, internet infrastructure, and stormwater systems. However, the proposed Modified Project does not include land use changes or allow for future potential residential development in wildfire- prone areas.
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These types of improvements would involve temporary construction and result in changes to existing conditions under both the Approved Project and proposed Modified Project. The installation of roadways, power lines, and other utilities could increase the risk of wildfire; however, the proposed Modified Project does not include future potential development in wildfire-prone areas of the Study Area. Additionally, development under the proposed Modified Project would be required to comply with the most recent CBC, CFC, Very High VHSZ Fire Safe Regulations, and Cupertino Municipal Code, which provide specific measures to minimize the ignition and spread of wildfires due to infrastructure. The State and local regulations are stricter than those evaluated under the General Plan EIR.
Given compliance with State and local regulations, the proposed Modified Project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that would result in new or substantially more severe fire risk or result in temporary or ongoing impacts to the environment when compared to the Approved Project.
Significance without Mitigation: Less than significant.
FIRE-4 Implementation of the proposed Modified Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.
While the General Plan EIR did not evaluate whether the Approved Project would expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes, the General Plan EIR does indicate that implementation of the Approved Project, specifically in the wildfire-prone areas, would have less than significant impacts related to wildland fires. Additionally, the General Plan EIR indicates the Approved Project would not expose people or structure to a significant risk of loss, injury, or death involving flood hazards, and therefore impacts related to flood hazards were found to be less than significant. The General Plan EIR also indicates that the Approved Project would not expose people or structures to potential substantial adverse effects due to landslides or slope instability.
As described in General Plan EIR Chapter 4.9, Hydrology and Water Quality, a small portion of the Study Area is within the 100-year floodplain, including areas immediately adjacent to Permanente Creek, Stevens Creek, Calabazas Creek, and Saratoga Creek. Most of the western and central areas of the Study Area are within the 500-year floodplain. As described in the General Plan EIR, Chapter 4.5, Geology, Soils, and Seismicity, the southwestern portion of the Study Area is highly susceptible to landslides. The high landslide susceptibility areas coincide with lands designated as Very High FHSZs.
Both the Approved Project and the proposed Modified Project would include residential development within the 500-year floodplain. Similarly, although the Approved Project would include development in areas of high landslide susceptibility, the proposed Modified Project would not. The proposed Modified Project would also be required to comply with the most recent version of the CBC, CFC, and CMC. These regulations would ensure fire-, floodplain-, and landslide-resilient construction of potential future GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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development, and therefore would reduce the potential for post-wildfire flooding or landslides downstream or downslope.
Chapter 4.9, Hydrology and Water Quality and Chapter 4.5, Geology, Soils, and Seismicity, of the General Plan EIR also found that the Environmental Resources and Sustainability (ES) and Health and Safety (HS) Elements contain policies that require local planning and development decisions to consider impacts that development could have on exposing people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.
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 due to runoff, post-fire slope instability, or drainage changes:
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 storm water flow 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)
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. (General Plan EIR Strategy 1) 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 5-23)
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. (General Plan EIR Strategy 2) Policy HS- 7.5. Hillside Grading. Restrict the extent and timing of hillside grading operation 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 all graded slopes must be planted as soon as practical after grading is complete. (General Plan EIR Policy 6-47) Implementation of future potential development under the proposed Modified Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes, or result in new impacts or a substantial increase in magnitude of impacts when compared to the Approved Project.
Significance without Mitigation: Less than significant.
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FIRE-5 Implementation of the proposed Modified Project would not result in a cumulatively considerable impact with respect to wildfire.
The analysis of cumulative wildfire impacts is based on impacts of the proposed Modified Project plus cumulative development in the City of Cupertino and the surrounding region. Future projects proposed within the Very High FHSZ or WUIFA could subject people and structures to wildfire hazards. As described previously, the proposed Modified Project would not result in new impacts or a substantial increase in magnitude of impacts related to interfering with implementation of emergency response or evacuation plans; exacerbating wildfire risks exposing project occupants to pollutant concentrations or the uncontrolled spread of wildfire; exacerbating fire risks or result in temporary or ongoing impacts to the environment due to the installation or maintenance of infrastructure; or exposing people or structures to significant risks as a results of runoff, post-fire slope instability, or drainage changes when compared to the Approved Project.
The addition of other potential future development projects in the Study Area and surrounding region would have the potential to contribute to cumulative wildfire risks. However, future potential development in the Study Area and surrounding region in the Very High FHSZ or WUIFA would be subject to the same State and local regulations, including the CBC, CFC, Very High FHSZ Fire Safe Regulations, and CMC. Potential future development projects would be required to undergo separate CEQA review and identify wildfire impacts and appropriate mitigation measures. Therefore, cumulative wildfire impacts would be less than significant.
Significance without Mitigation: Less than significant. 5-1 APRIL 2024
Alternatives to the Proposed Modified
Project
The following discussion is intended to inform the public and decision makers of feasible alternatives to the proposed Modified Project that would avoid or substantially lessen any of the significant effects of the proposed project. Section 15126.6, Consideration and Discussion of Alternatives to the Proposed Project, of the California Environmental Quality Act (CEQA) Guidelines states that:
An EIR shall describe a range of reasonable alternatives to the project, or the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project.
Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision making and public participation. An EIR is not required to consider alternatives, which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason.
5.1 PURPOSE
The alternatives evaluated in this Draft EA were developed consistent with Section 15126.6(b) of the CEQA Guidelines, which states that:
Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly.
5.2 PROJECT OBJECTIVES
As stated, the range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the proposed project. As listed in Chapter 3, Project Description, of this Draft EA, the City has identified the following objectives, which build on the framework of the Vision and Values and reflect the community’s desires for the future of Cupertino and will serve as the project objectives for the EA.
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Update the General Plan’s Housing Element to comply with State-mandated housing requirements and to address the maintenance, preservation, improvement, and development of housing in the city between 2023 and 2031.
Include an adequate inventory of housing sites and rezone the sites as necessary to meet the required Regional Housing Needs Allocation (RHNA) and to provide an appropriate buffer . To affirmatively further fair housing (AFFH).
Incentivize the development of housing, particularly affordable housing, suited to special needs and all income levels.
Promote a healthy and sustainable Cupertino through support of housing at all income levels that minimizes reliance on natural resources and automobile use. Update the City’s Zoning Code and Land Use and Community Design General Plan Element to be consistent with the Housing Element pursuant to Government Code Section 65300.5 (internal consistency) and Government Code Section 65860 (vertical consistency), respectively. Update the City’s General Plan Mobility Element to minimize environmental impacts associated with implementation of the Housing Element and be consistent with updated State law and guidance for vehicle miles traveled.
Update the Heart of the City Specific Plan to be consistent with the Housing Element pursuant to Government Code Section 65860 (vertical consistency).
5.3 SELECTION OF A REASONABLE RANGE OF ALTERNATIVES
Section 15126.6(c) of the CEQA Guidelines states:
The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency’s determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts.
5.3.1 ALTERNATIVE ANALYSIS
Two project alternatives and the comparative merits of the alternatives are described in this chapter in accordance with the CEQA Guidelines. All the potential environmental impacts associated with adoption and implementation of the proposed Modified Project were found to be either less than significant without mitigation or less than significant with mitigation, except for impacts to air quality (AIR), greenhouse gas emissions (GHG), and transportation (TRANS), which were found to be significant and unavoidable at the program level. Although the proposed Modified Project results in significant and unavoidable impacts, the identification of these program-level impacts do not preclude the finding of less- than-significant impacts for subsequent development proposals analyzed at the project level that do not GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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exceed the applicable project-level thresholds. The program-level significant and unavoidable impacts include the following:
Impact AIR-1: Implementation of the proposed Modified Project would conflict with the growth assumptions under Plan Bay Area 2040 that are applied to the Bay Area Air Quality Management District’s (BAAQMD) 2017 Clean Air Plan, the proposed Modified Project would therefore conflict with the air quality emissions forecast in the BAAQMD 2017 Clean Air Plan. Impact AIR-2: Operation of development projects that could occur from implementation of the proposed Modified Project would generate emissions that would exceed Bay Area Air Quality Management District’s regional significance thresholds for Reactive Organic Gases (ROG), nitrogen oxides (NOx), coarse inhalable particulate matter (PM10), and fine inhalable particulate matter (PM2.5). Impact AIR-5: The emissions that could occur over the buildout horizon of the proposed Modified Project could generate a substantial increase in emissions that exceeds the Bay Area Air Quality Management District’s significance thresholds and cumulatively contribute to the nonattainment designations and health risk in the San Francisco Bay Area Air Basin. Impact GHG-1: Implementation of the proposed Modified Project would exceed the net zero greenhouse gas emission threshold under Executive Order B-55-18. 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.
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. Impact TRANS-2: Implementation of the proposed Modified Project would exceed the adopted Cupertino vehicle miles traveled (VMT) threshold per service population of 31.30 VMT by 3.5 VMT per service population, due to forecasted growth through 2040. Impact TRANS-5: Implementation of the proposed Modified Project would cumulatively contribute to regional vehicle miles traveled.
The alternatives were selected because of their potential to further reduce and avoid these impacts. The alternatives to be analyzed in comparison to the proposed project include:
Alternative A: No Project Alternative (Current General Plan 2040) and Alternative B: Increased Housing Sites Alternative.
The first alternative is the CEQA-required “No Project” Alternative, which assumes the current General Plan 2040 remains in effect and is not replaced by the proposed Modified Project. Alternative B assumes additional housing units would be allowed on parcels with commercial land uses along Stevens Creek Boulevard and De Anza Boulevard.
5.3.2 ASSUMPTIONS AND METHODOLOGY
The alternatives analysis is presented as a comparative analysis to the proposed Modified Project. The development intensity for the alternatives varies from the proposed Modified Project. The estimated growth under each alternative, as well as the proposed Modified Project, is provided in Table 5-1, To tal GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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Forecasted Growth for the Proposed Modified Project and the Alternatives to the Proposed Modified Project.
TABLE 5-1 TOTAL FORECASTED GROWTH FOR THE PROPOSED MODIFIED PROJECT AND THE ALTERNATIVES TO THE
PROPOSED MODIFIED PROJECT
Category
Proposed
Modified Project
Alternative A:
No Project
Alternative B:
Increased Housing Sites
Housing Units a 29,132 25,820 30,119
Population b 81,037 71,300 83.939
Jobs 44,242 44,242 44,242
Notes:
a. Total housing units accommodated under the proposed Modified Project, Alternative A, and Alternative B. b. Total population accommodated under the proposed Modified Project, Alternative A, and Alternative B.
Source: City of Cupertino, 2024.
The alternatives analysis assumes that all applicable mitigation measures recommended for the proposed project and the proposed General Plan 2040 goals, policies, and strategies would apply to Alternative B, but would not apply to Alternative A. The following discussion compares the environmental impacts of the alternatives with those of the proposed Modified Project for each of the environmental topics analyzed in detail in Chapter 4, Environmental Analysis, of this Draft EA. The impacts of each alternative are classified as less than (<), similar or comparable to (
=), or greater than (>) the level of impacts associated with the proposed project. Table 5-2, Comparison of Impacts of the Project Alternatives and the Proposed Modified Project, summarizes the relative impacts of each of the alternatives compared to the proposed project.
TABLE 5-2 COMPARISON OF IMPACTS OF THE PROJECT ALTERNATIVES AND THE PROPOSED MODIFIED PROJECT Topic
Proposed
Project a
Alternative A:
No Project
Alternative B:
Increased Housing Sites
Aesthetics LTS = =
Air Quality SU < <
Biological Resources LTS = =
Cultural and Tribal Cultural Resources LTS = =
Energy LTS < =
Geology and Soils LTS = =
Greenhouse Gas Emissions SU < <
Hazards and Hazardous Materials LTS = =
Hydrology and Water Quality LTS < >
Land Use and Planning LTS > =
Noise LTS < <
Population and Housing LTS > =
Public Services and Recreation LTS < >
Transportation SU > <
Utilities and Service Systems LTS < >
Wildfire LTS = =
Note:
a. The impacts listed in this column represent the highest significance determination for each respective standard of significance.
LTS Less Than Significant
LTS/M Less Than Significant with Mitigation
SU Significant and Unavoidable
< Fewer impact in comparison to the proposed project
= Similar impact in comparison to the proposed project
> Greater impact in comparison to the proposed project
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5.4 ALTERNATIVE A: NO PROJECT
5.4.1 DESCRIPTION
Pursuant to CEQA Guidelines Section 15126.6(e)(1), the No Project Alternative is required as part of the “reasonable range of alternatives” to allow decision makers to compare the impacts of approving the proposed project with the impacts of taking no action or not approving the proposed project. Consistent with CEQA Guidelines Section 15126.6(e)(3)(A), when the project is the revision of a plan, as in this case, the no project alternative will be the continuation of the existing plan. Under Alternative A, potential future development in Cupertino would continue to be subject to existing policies, regulations, development standards, and land use designations of the existing General Plan 2040.
5.4.2 IMPACT DISCUSSION
The potential environmental impacts associated with Alternative A when compared to the proposed Modified Project are described herein.
AESTHETICS
As described in Chapter 4.1, Aesthetics, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to aesthetics. Like the proposed Modified Project, potential future development in the Study Area under Alternative A is anticipated to occur in the form of infill/intensification on sites either already developed and/or underutilized, and/or in close proximity to existing development, where future development would have a lesser impact on scenic vistas. General Plan 2040 reinforces existing uses, heights, and densities in most locations, and therefore would not substantially increase building height beyond what is previously accounted for under Approved Project.
The westward views of the foothills and ridgelines of the Santa Cruz Mountains are considered scenic vistas and the Caltrans designated segment of Interstate 280 (I-280) from Santa Clara County line on the west to I-880 on the east, as an eligible State Scenic Highway is a scenic corridor . Potential future development under either scenario would occur in the form of infill/intensification on sites either already developed and/or underutilized. Therefore, implementation of either scenario would not have a substantial adverse effect on a scenic vista or damage existing scenic resources within a state scenic highway and impacts would be similar.
Applicable future projects under both scenarios would be subject to the Architectural and Site Review process, in accordance with CMC Chapter 19.168, Architectural and Site Review, or would be required to comply with Design Standards outlined in the General Plan, Heart of the City Specific Plan, or other appropriate Conceptual Plans, the Monta Vista Design Guidelines, or the South Vallco Specific Plan.
However, Alternative A would not realize the new or modified General Plan 2040 goals, policies, or strategies that were prepared as part of the proposed Modified Project. For example, a new policy requires views of the Montebello foothills to be preserved. Thus, unlike the proposed Modified Project, which includes this new policy, development under this alternative would not provide the same level of design consideration related to the visual character or quality of a project site near Montebello Foothills; GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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thus, aesthetic impacts related to these topics from potential development under Alternative A would be greater when compared to the proposed Modified Project.
Similar to the proposed Modified Project, Alternative A would result in new lighting sources that could result in sources of glare. Potential future development under both scenarios would be required to comply with best management practices in CALGreen and Cupertino Municipal Code (CMC) that ensure new land uses do not generate excessive light levels and reduce light and glare spillover from future development to surrounding land uses. Because Alternative A would result in less development than the proposed Modified Project, fewer new light and glare sources would be introduced, and impacts would be less when compared to the proposed Modified Project.
Overall, while Alternative A would not realize the new or modified General Plan 2040 goals, policies, or strategies that were prepared as part of the proposed Modified Project, development in the Study Area under Alternative A would be less and would be guided by the current policies and regulations that guide development in Cupertino. Thus, impacts related to aesthetics would be similar when compared to the
proposed Modified Project.
AIR QUALITY
As described in Chapter 4.2, Air Quality, of this Draft EA, the proposed Modified Project would result in significant and unavoidable impacts even with implementation of the Standard Environmental Protection Requirements. Implementation of the proposed Modified Project would have the potential to exceed Bay Area Air Quality Management District (BAAQMD) significance thresholds for Volatile Organic Compounds (VOC), nitrogen oxides (NOx), coarse inhalable particulate matter (PM 10), and fine inhalable particulate
matter (PM2.5), as well as conflict with the BAAQMD 2017 Clean Air Plan.
Alternative A would continue development as allowed under the Approved Project, which would result in less development in the Study Area compared to the proposed Modified Project. Development under both scenarios would be subject to applicable laws and regulations, including those under Cupertino Municipal Code (CMC) Section 17.04.040, Standard Environmental Protection Technical Report Submittal Requirements, and Section 17.04.050, Standard Environmental Protection Permit Submittal Requirements.
Additionally, future development under both scenarios could result in construction activities near residential and other sensitive land uses, thus, temporarily elevating concentrations of toxic air contaminants in the vicinity of sensitive land uses. While the regulatory setting mitigating construction impacts is the same under both scenarios, less development would occur under Alternative A; therefore, construction impacts would be fewer
when compared to the proposed Modified Project.
Under Alternative A, less development would occur; therefore, fewer direct and indirect criteria air pollutant emissions from energy (e.g., natural gas use) and area sources (e.g., aerosols and landscaping equipment) would occur . Therefore, the operational air quality impacts of Alternative A would be less when compared to the proposed Modified Project.
Like the proposed Modified Project, Alternative A is not the type of project that would result in significant impacts from odor and impacts would be similar under both scenarios.
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Overall, air quality impacts under Alternative A would be fewer when compared to the proposed Modified Project.
BIOLOGICAL RESOURCES
As described in Chapter 4.4, Biological Resources, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts to biological resources. The Study Area is not within any local, regional, or State Habitat Conservation Plan areas. Therefore, neither scenario would conflict with the conservation strategy in any Habitat Conservation Plan or Natural Community Conservation Plan and impacts would be similar.
Potential future development under both scenarios would occur in already urbanized areas on sites either already developed and/or underutilized, and/or near existing development without sensitive natural communities and where special-status species are generally not expected to occur. Accordingly, impacts to these biological resources under Alternative A would be similar when compared to the proposed Modified Project.
Impacts to the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors under both scenarios would be mitigated. Under both Alternative A and the proposed Modified Project, potential future development would be required to comply with the Standard Environmental Protection Requirements under CMC Section 17.04.050, Standard Environmental Protection Permit Submittal Requirements. Thus, impacts to biological resources from potential future development as allowed under Alternative A would be similar when compared to the proposed Modified Project.
CULTURAL AND TRIBAL CULTURAL RESOURCES
As described in Chapter 4.4, Cultural and Tribal Cultural Resources, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts to cultural and tribal cultural resources.
Under Alternative A, new development would continue throughout the city under existing plans and regulations. As explained in Chapter 4.4, there are existing prehistoric, architectural, historical, or archaeological resources in the Study Area that could all be impacted by new demolition, inappropriate modification, or inappropriate new construction under the proposed Modified Project or Alternative A.
Like the proposed Modified Project, Alternative A would be subject to the procedures of conduct following the discovery of human remains set forth in California Health and Safety Code, Public Resources Code, and the California Code of Regulations, as well as the policies and strategies in General Plan 2040.
Additionally, future potential development under both the proposed Modified Project and Alternative A would be required to comply with CMC Section 17.04.050, Standard Environmental Protection Permit Submittal Requirements. Development in both scenarios would occur on previously disturbed sites and/or near existing development where buried cultural and tribal cultural resources may be less common.
Though less development would occur under the Alternative A scenario, the development would occur in similar locations as under the proposed Modified Project, and the potential to impact these resources would be
similar when compared to the proposed project.
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ENERGY
As described in Chapter 4.5, Energy, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to energy.
All development that occurs in the state is required to comply with best management practices regulated in the CALGreen and Building and Energy Efficiency Standards, which ensure new development would not result in the wasteful or inefficient use of energy. Additionally, neither the proposed Modified Project nor Alternative A would introduce a level of development and population growth that would be anticipated to necessitate the construction of new energy supply facilities or transmission infrastructure.
Less development would occur under the Alternative A scenario, so energy consumption from construction would be less when compared to the proposed Modified Project. The energy efficiency standards in place for new development would ensure that operational energy consumption under the Alternative A scenario would be similar to consumption under the proposed Modified Project. Therefore, overall energy demand and consumption would be less under Alternative A when compared to the proposed Modified Project.
GEOLOGY AND SOILS
As described in Chapter 4.6, Geology and Soils, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts related to geology and soils.
Future development under both Alternative A and the proposed Modified Project would be subject to the same federal, State, and local regulations that address and prevent hazards associated with geology, soils, and seismicity. Both the Approved Project and proposed Modified Project encourage development in urbanized settings where there is less likelihood for impacts from geologic hazards to occur and include General Plan 2040 policies and strategies that minimize adverse effects to geologic processes, soil erosion, and loss of topsoil. Although Alternative A would result in less overall development, compliance with existing regulations related to geologic and seismic safety would apply similarly to both future development under Alternative A and the proposed Modified Project. Thus, Alternative A would result in similar impacts when compared to the proposed Modified Project.
GREENHOUSE GAS EMISSIONS
As described in Chapter 4.7, Greenhouse Gas Emissions, of this Draft EA, the proposed Modified Project would result in significant and unavoidable impacts to greenhouse gas (GHG) emissions and would not be consistent with the GHG emissions thresholds set by Executive Order B-55-18 and the California Air Resources Board Scoping Plan.
There would be less development under the Alternative A scenario, though the development under the proposed Modified Project would be limited to infill/intensification on sites either already developed and/or underutilized, and/or near existing residential and residential-serving development. However, due to the increase in development, exceedance of the vehicle miles traveled (VMT) threshold, and increase in GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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population under the proposed Modified Project, overall impacts from GHG emissions under Alternative A would be less when compared to the proposed Modified Project.
HAZARDS AND HAZARDOUS MATERIALS
As described in Chapter 4.8, Hazards and Hazardous Materials, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to hazards and hazardous materials. 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 FAA in Cupertino, thus there would be no impact under either scenario.
As described in Chapter 4.8, there are sites within the Study Area that are included on a list of hazardous materials sites. Impact Discussion HAZ-3 and HAZ-4 of this Draft EA concluded that implementation of the proposed Modified Project could result in the release of hazardous materials within one-quarter mile of school and construction and operation activities on sites with known hazardous materials and, as a result, create a significant hazard to the public or the environment. However, compliance with CMC Chapter
17.04.040(B), Hazardous Materials, in addition to applicable laws, policies, and design standards governing the release of hazardous materials would results in a less-than-significant impacts under both the Approved Project and the proposed Modified Project. Additionally, implementation of either scenarios would require the routine transport, use, or disposal of hazardous materials.
The proposed Modified Project and Alternative A would include the same General Plan 2040 policies to minimize potential adverse impacts on residential projects within an emergency response plan or emergency evacuation plan. Thus, impacts under the Alternative A scenario would be similar to the proposed Modified Project.
Because there is less development potential under Alterative A, the risk associated with construction hazards and hazardous materials is less than under the proposed Modified Project. However, overall impacts would be similar when compared to the proposed Modified Project.
HYDROLOGY AND WATER QUALITY
As described in Chapter 4.9, Hydrology and Water Quality, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to hydrology and water quality. Compliance with existing State and local regulations and procedures would ensure that pre- and post-construction impacts to water quality would be less than significant. These regulations and procedures would be maintained under Alternative A.
Potential future development under both scenarios would occur within previously urbanized areas and would connect to existing drainage systems already in place. Alternative A involves less development potential, less ground disturbance and potential change in drainage patterns, and less water use from groundwater sources. As such, impacts to hydrology and water quality would be lesser when compared to
the proposed Modified Project.
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LAND USE AND PLANNING
As described in Chapter 4.10, Land Use and Planning, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts to land use and planning.
The Approved Project was adopted with the purpose of harmonizing changes to existing developed areas to better serve community needs. Both the proposed Modified Project and Alternative A would aim to improve connectivity and would not create physical barriers within existing communities. They would also both support the integration of infill development and would not propose physical features that could divide a community. Accordingly, impacts would be similar under both scenarios.
Under Alternative A, development would continue to occur throughout the Study Area under Approved Project and would not conflict with these already approved standards. However, Alternative A would not implement new or modified General Plan 2040 goals, policies, and strategies, and would not include the rezoning of parcels to be consistent with the General Plan, included in the proposed Modified Project.
Further, the proposed Modified Project includes forecasted housing projection that meets the City’s 2023–2031 Regional Housing Needs Allocation (RHNA), as well as additional housing projections that would accommodate the following RHNA cycles throughout the buildout horizon, to support the mandatory future Housing Element updates. The proposed Modified Project would also include the rezoning or properties to increase consistency between the General Plan land use designations and Zoning Code. Thus, continuing the use of only the Approved Project would conflict with applicable the land use plans adopted for the purpose of avoiding or mitigating an environmental effect and impacts would be
greater when compared to the proposed Modified Project.
NOISE
As described in Chapter 4.11, Noise, of this Draft EA, the proposed Modified Project would result in less- than-significant impacts to noise. The Study Area is not located in the vicinity of a private airstrip or an airport land use plan, and therefore would have no impact related to airport or aircraft noise.
Under Alternative A, development would continue to occur throughout the Study Area under Approved Project, which would include less noise from construction, traffic, or other sources that would increase ambient noise levels. However, both the proposed Modified Project and Alternative A would be required to comply with CMC Chapter 10.48, Community Noise Control, Section 17.04.040(D)(1), Vibration Technical Report Requirements, and Section 17.04.050(G)(1), Noise and Vibration Permit Requirements, as well as federal, State, and local regulations related to temporary and operational noise.
Because there is less development potential under Alterative A, overall temporary and operational noise impacts would be less than under the proposed Modified Project.
POPULATION AND HOUSING
As described in Chapter 4.12, Population and Housing, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to population and housing.
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Alternative A would not include the additional housing opportunity sites included in the proposed Modified Project that are required to meet the 2023-2031 RHNA. Additionally, Alternative A would not include the updated policy framework of the proposed Modified Project that ensure adequate planning occurs to accommodate the project growth of the city. Therefore, impacts under Alternative A would be greater when compared to those under the proposed Modified Project.
PUBLIC SERVICES
As described in Chapter 4.13, Public Services, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to fire protection services, police services, parks, schools, and libraries.
Alternative A would result in less housing and thus fewer residents in the Study Area. Therefore, the Alternative A scenario would result in less demand for public services provided in the Study Area.
Potential future development under Alternative A would be required to comply with all existing City regulations adopted to ensure that development pays its fair share of the cost of delivering services, providing park space and libraries, while payment of property taxes would ensure that future development pays its fair share towards schools. Overall, impacts under Alternative A would be less than
those of the proposed Modified Project.
TRANSPORTATION
As described in Chapter 4.14, Transportation, of this Draft EA, the proposed Modified Project would not result in significant impacts related to conflicting with a program, plan, ordinance, or policy addressing the circulation system, increasing hazards due to geometric design features or incompatible uses, or inadequate emergency access. However, the proposed Modified Project would result in a significant and unavoidable impact related to an increase in VMT beyond the City’s adopted threshold.
Alternative A would result in less housing and thus fewer residents in the Study Area. Therefore, similar to the proposed Modified Project, Alternative A would not result in significant impacts related to conflicting with a program, plan, ordinance, or policy addressing the circulation system, increasing hazards due to geometric design features or incompatible uses, or inadequate emergency access. Additionally, future potential development under both the proposed Modified Project and Alternative A would be required to comply with CMC Section 17,04.040(C), Vehicle Miles Traveled Technical Report Requirements, and CMC Chapter 17.08, Evaluation of Transportation Impacts under the California Environmental Quality Act, as well as federal, State, regional, and local regulations related to transportation.
As described in Chapter 4.14 of this EA, Table 9, Total Project Generated VMT Assessment, of Appendix E, Transportation Analysis, of this EA, shows that the proposed Modified Project would generate 34.8 VMT per service population (sum of all residents and employees), which is 1.76 VMT per service population less than the Approved Project. Accordingly, Alternative A would have worse impacts related to VMT compared to the proposed Modified Project. Therefore, overall impacts under Alternative A would be greater than those of the proposed Modified Project.
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UTILITIES AND SERVICE SYSTEMS
As described in Chapter 4.15, Utilities and Service Systems, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to water, wastewater, stormwater, or energy infrastructure and services.
Demand and consumption trends generally demonstrate that advances in recycling and solid waste reduction requirements, water-efficient regulations in building and landscaping, and stricter stormwater retention requirements, would reduce impacts under both the proposed Modified Project and Alternative A. It is assumed that because Alternative A would result in less overall development than the proposed Modified Project, there would be less overall water demand, wastewater and solid waste generation, and energy use. Future potential development under both the proposed Modified Project and Alternative A would be required to comply with federal, State, regional, and local regulations for managing stormwater during construction and operation of projects, including CMC Section 17.04.050(F), Control Stormwater Runoff Contamination. Thus, impacts under Alternative A would be less than those of the proposed Modified Project.
WILDFIRE
As described in Chapter 4.16, Wildfire, of this Draft EA, the proposed Modified Project would not result in any significant wildfire impacts. Due to compliance with applicable local, regional, and State regulations, development under both scenarios would not impair the implementation of an emergency response or emergency evacuation plan or be within a Very High Fire Hazard Severity Zone or a Wildland Urban Interface Fire Area, nor would either scenario expose people or structures to significant wildfire risks, including downslope or downstream flooding or landslides. Neither scenario would result in the installation or maintenance of any infrastructure that could exacerbate fire risk or result in impacts to the environment.
Alternative A would continue implementation of the Approved Project, including the General Plan policies and strategies listed in Chapter 4.16. Therefore, potential future development under the Alternative A scenario would have similar wildfire impacts when compared to the proposed Modified Project.
5.4.3 RELATIONSHIP OF THE ALTERNATIVE TO THE OBJECTIVES Under Alternative A, the Approved Project would remain in place and the proposed Modified Project would not be implemented; therefore, this alternative would not accomplish any of the project objectives.
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5.5 ALTERNATIVE B: INCREASED HOUSING SITES
5.5.1 DESCRIPTION
The purpose of this alternative is to reduce significant and unavoidable impacts associated with vehicle miles travelled as evaluated in the Chapter 4.14, Transportation, of this EA. Alternative B would demonstrate increased compliance with Plan Bay Area 2050, the Bay Area’s Regional Transportation Plan (RTP)/Sustainable Community Strategy (SCS) that identifies the sustainable vision for the Bay Area, than the proposed Modified Project. Alternative B assumes all the proposed amendments to the General Plan 2040 and Zoning Code would occur . The housing sites identified under the proposed Modified Project would remain, but there would be additional housing sites. These sites would include those that comply with the Affordable Housing and High Road Jobs Act, commonly known by its legislative bill number, Assembly Bill 2011 (AB 2011), that was adopted in August 2020. In general, the intent of AB 2011 is to make affordable housing by right on commercially zoned lands, and mixed-income housing by right along commercial corridors. This alternative would focus increased residential density along Stevens Creek Boulevard and South De Anza Boulevard, which are Priority Development Areas (PDA) and Transit Priority Areas (TPA) of Plan Bay Area 2050. This would include an additional 18 housing sites totaling 987 additional housing units, as shown in Table 5-3, Alternative B: Increased Housing Sites. As shown in Figure 5-1, Alternative B: Increased Housing Sites, the majority of the additional housing sites would be within the boundaries of the high-transit corridor along Stevens Creek Boulevard (922 additional dwelling units) and two additional sites would be on South De Anza Boulevard (65 additional dwelling units). The alternatives analysis assumes that all applicable mitigation measures and General Plan goals, policies, and strategies recommended for the proposed Modified Project would apply to Alternative B. The potential environmental impacts associated with Alternative B when compared to the proposed Modified Project are described herein.
5.5.2 IMPACT DISCUSSION
AESTHETICS
As described in Chapter 4.1, Aesthetics, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to aesthetics. Like the proposed Modified Project, potential future development in the Study Area under Alternative B is anticipated to occur in the form of infill/intensification on sites either already developed and/or underutilized, and/or near existing development, where future development would have a lesser impact on scenic vistas. General Plan 2040 reinforces existing uses, heights, and densities in most locations, and therefore would not substantially increase building height beyond what is previously accounted for under Approved Project.
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TABLE 5-3 ALTERNATIVE B: INCREASED HOUSING SITES
Site
No.
Assessor’s
Parcel
Number
Size
(acres) Neighborhood
General Plan
Land Use Designation Zoning District
Maximum Density
(dwelling units/acre) a
Maximum Dwelling Units
Existing Proposed Existing Proposed Existing Proposed Existing Proposed Net New b A 36610127 0.86 South De Anza Commercial/
Residential
Very High
Density
P(CG, Res
5-15) P(Res) 15 65 13 56 43
B 36619044 0.44 South De Anza Commercial/
Residential
Very High
Density
P(CG, Res
5-15) P(Res) 15 65 7 29 22
C 36619045 0.07 South De Anza Commercial/
Residential
Very High
Density
P(CG, Res
5-15) P(Res) 15 65 1 5 4
D 31623095 1.14 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(Res) 25 65 29 74 45
E 31624047 1.08 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(Res) 25 65 27 70 43
F 31625042 0.88 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(Res) 25 65 22 57 35
G 31626090 2.2 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(Res) 25 65 55 143 88
H 32631019 3.79 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(Res) 0 65 0 246 246
I 32632051 0.68 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 17 44 27
J 36903002 1.05 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 26 68 42
K 36905044 1.92 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 48 125 77
L 36940038 0.93 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 23 60 37
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TABLE 5-3 ALTERNATIVE B: INCREASED HOUSING SITES
Site
No.
Assessor’s
Parcel
Number
Size
(acres) Neighborhood
General Plan
Land Use Designation Zoning District
Maximum Density
(dwelling units/acre) a
Maximum Dwelling Units
Existing Proposed Existing Proposed Existing Proposed Existing Proposed Net New b M 37501014 0.51 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 13 33 20
N 37501021 1.31 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 33 85 52
O 37501022 1.03 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 26 67 41
P 37502021 0.84 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 21 55 34
Q 37506005 2.31 Heart of the City
Commercial/
Office/
Residential
Very High
Density P(CG, Res) P(CG,
Res) 25 65 58 150 92
R 36905007 0.46 Heart of the City
- Central
Commercial/
Office/
Residential
Commercial
/Residential P(CG, Res) P(Res) 25 65 12 30 18
S 3263404,
32634066 5.1 Heart of the City Commercial Very High
Density P(CG, Res) P(CG,
Res) 0 65 0 332 332
Notes:
a. Dwelling unit density is expressed as the number of dwelling units permitted per gross acre. b. The net new is the proposed maximum density minus the existing maximum density.
Source: City of Cupertino, 2023.
Creeks and Waterways
Parks and Open Space
0.25 0.5
Mies
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Housing Element Opportunity Sites
- Residential
Additional Housing Sites
D Residential
Note: This map is intended to show general locations of identified housing opportunity sites by Assessor Parcel Numbers or APNs, and is not intended to be used to identify project specific development boundaries.
Project-specific development boundaries will be determined on a project-by-project basis as future development is proposed.
Source: ESRI, 2022; ABAG, 2022; City of Cupertino, 2023; PlaceWorks, 2023.
Figure 5-1
Alternative B: Increased Housing Sites
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The westward views of the foothills and ridgelines of the Santa Cruz Mountains are considered scenic vistas and the Caltrans designated segment of Interstate 280 (I-280) from Santa Clara County line on the west to I-880 on the east is an eligible State Scenic Highway is a scenic corridor . Potential future development under either scenario would occur in the form of infill/intensification on sites either already developed and/or underutilized. Therefore, implementation of either scenario would not have a substantial adverse effect on a scenic vista or damage existing scenic resources within a state scenic highway and impacts would be similar.
Applicable future projects under both scenarios would be subject to the Architectural and Site Review process, in accordance with CMC Chapter 19.168, Architectural and Site Review, or would be required to comply with Design Standards outlined in the General Plan, Heart of the City Specific Plan, or other appropriate Conceptual Plans, the Monta Vista Design Guidelines, or the South Vallco Specific Plan.
Additionally, both alternatives would benefit from the new and modified 2040 General Plan goals, policies, and strategies.
Alternative B would result in new lighting sources that could result in sources of glare. Potential future development under both scenarios would be required to comply with best management practices in CALGreen and CMC that ensure new land uses do not generate excessive light levels and reduce light and glare spillover from future development to surrounding land uses. Because Alternative B would increase housing opportunities in commercial corridors beyond what was evaluated in the proposed Modified Project, more new light and glare sources would be introduced, and impacts would be greater when compared to the proposed Modified Project.
Though development in the Study Area would be increased, development under Alternative B would follow the new or modified General Plan 2040 goals, policies, or strategies, and regulations that guide development in Cupertino, and would be located on infill sites. Thus, impacts related to aesthetics would be similar when compared to the proposed Modified Project.
AIR QUALITY
As described in Chapter 4.2, Air Quality, of this Draft EA, the proposed Modified Project would result in significant and unavoidable impacts even with implementation of the Standard Environmental Protection Requirements in CMC Chapter 17.04. Implementation of the proposed Modified Project would have the potential to exceed BAAQMD significance thresholds for Volatile Organic Compounds (VOC), nitrogen oxides (NOx), coarse inhalable particulate matter (PM
10), and fine inhalable particulate matter (PM2.5), as
well as conflict with the BAAQMD 2017 Clean Air Plan.
Alternative B would increase housing opportunities along commercial corridors, which would result in more development in the Study Area compared to the proposed Modified Project. Development under both scenarios would be subject to applicable laws and regulations, including those under Cupertino Municipal Code (CMC) Section 17.04.040, Standard Environmental Protection Technical Report Submittal Requirements, and Section 17.04.050, Standard Environmental Protection Permit Submittal Requirements.
Additionally, future development under both scenarios could result in construction activities near residential and other sensitive land uses, thus, temporarily elevating concentrations of toxic air contaminants in the vicinity of sensitive land uses. While the regulatory setting mitigating construction GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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impacts is the same under both scenarios, more development would occur under Alternative B; therefore, construction impacts would be greater when compared to the proposed Modified Project.
Both the proposed Modified Project and Alternative B would result in the introduction of a population growth which goes beyond the growth projections contained in Plan Bay Area 2040, which underpins the growth assumptions used for the emissions forecasts in the 2017 Clean Air Plan. Therefore, like the proposed Modified Project, Alternative B would also be considered inconsistent with the applicable AQMP and impacts with regards to attainment of air quality standards would be similar under both scenarios.
Like the proposed Modified Project, Alternative B is not the type of project that would result in significant impacts from odor and impacts would be similar under both scenarios.
Because emissions from the transportation sector produce the greatest emissions and as discussed in Section 5.5.2.14, Transportation, VMT would be less under Alternative B when compared to the proposed Modified Project, overall impacts under Alternative B would be less when compared to the proposed Modified Project.
BIOLOGICAL RESOURCES
As described in Chapter 4.4, Biological Resources, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts to biological resources. Alternative B would increase development potential along commercial corridors. The additional potential future development would occur in the form of infill/intensification on sites either already developed and/or underutilized in highly urbanized areas. Additionally, under both Alternative A and the proposed Modified Project, potential future development would be required to comply with the Standard Environmental Protection Requirements under CMC Section 17.04.050, Standard Environmental Protection Permit Submittal Requirements. Thus, impacts to biological resources from potential future development as allowed under Alternative B would be similar when compared to the proposed Modified Project.
CULTURAL AND TRIBAL CULTURAL RESOURCES
As described in Chapter 4.4, Cultural and Tribal Cultural Resources, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts to cultural and tribal cultural resources.
Under Alternative B, potential future development would occur at similar locations as under the proposed Modified Project with increased development potential along commercial corridors. As explained in Chapter 4.4, there are existing prehistoric, architectural, historical, or archaeological resources in the Study Area that could all be impacted by new demolition, inappropriate modification, or inappropriate new construction under the proposed Modified Project or Alternative B. Like the proposed Modified Project, Alternative B would be subject to the procedures of conduct following the discovery of human remains set forth in California Health and Safety Code, Public Resources Code, and the California Code of Regulations, as well as the policies and strategies in General Plan 2040. Additionally, future potential development under both the proposed Modified Project and Alternative A would be required to comply with CMC Section 17.04.050, Standard Environmental Protection Permit Submittal Requirements.
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development where buried cultural and tribal cultural resources may be less common. Though more development would occur under the Alternative B scenario, the development would occur in similar locations as under the proposed Modified Project, and the potential to impact these resources would be similar when compared to the proposed Modified Project.
ENERGY
As described in Chapter 4.5, Energy, of this Draft EIR, the proposed Modified Project would not result in any significant impacts related to energy.
All development that occurs in the state is required to comply with best management practices regulated in the CALGreen and Building and Energy Efficiency Standards, which ensure new development would not result in the wasteful or inefficient use of energy. Additionally, it is assumed that neither the proposed Modified Project nor Alternative B would introduce a level of development and population growth that would be anticipated to necessitate the construction of new energy supply facilities or transmission infrastructure.
More development would occur under the Alternative B scenario, so energy consumption from construction would be greater when compared to the proposed Modified Project. However, this development would be on infill sites and near residential serving development, thus decreasing emissions and energy consumption from travel. Therefore, overall energy demand and consumption would be similar under Alternative B when compared to the proposed Modified Project.
GEOLOGY AND SOILS
As described in Chapter 4.6, Geology and Soils, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts related to geology and soils.
Future development under both Alternative B and the proposed Modified Project would be subject to the same federal, state, and local regulations that address and minimize hazards associated with geology, soils, and seismicity. Both the Alternative B and proposed Modified Project encourage development in urbanized settings where there is less likelihood for impacts from geologic hazards to occur and include General Plan policies and strategies that minimize adverse effects to geologic processes, soil erosion, and loss of topsoil.
Although Alternative B would result in more overall development, it would be in the form of infill/intensification on sites either already developed and/or underutilized, and/or near existing residential and residential-serving development making impacts to geology and soils less likely.
Additionally, compliance with existing regulations related to geologic and seismic safety would apply similarly to both future development under Alternative B and the proposed Modified Project. Thus, Alternative B would result in similar impacts when compared to the proposed Modified Project.
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GREENHOUSE GAS EMISSIONS
As described in Chapter 4.7, Greenhouse Gas Emissions, of this Draft EA, the proposed Modified Project would result in significant and unavoidable impacts to GHG emissions and would not be consistent with the GHG emissions thresholds set by Executive Order B-55-18 and the California Air Resources Board Scoping Plan.
There would be more development under the Alternative B scenario, though the additional development potential would be limited to infill/intensification on sites within commercial corridors. This would reduce the need for residents to drive to residential serving businesses and would thus decrease GHG emissions.
Additionally, VMT reduction policies and strategies under the proposed Modified Project would also apply to Alternative B.
Though there would be more development potential under Alternative B, because emissions from the transportation sector produce the greatest emissions and as discussed in Section 5.5.2.14, Transportation, VMT would be less under Alternative B when compared to the proposed Modified Project, overall impacts under Alternative B would be less when compared to the proposed Modified Project.
HAZARDS AND HAZARDOUS MATERIALS
As described in Chapter 4.8, Hazards and Hazardous Materials, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to hazards and hazardous materials. 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 FAA in Cupertino, thus there would be no impact under either scenario.
Though potential future development would be increased under the Alternative B scenario, all development that could occur from implementation of the proposed Modified Project or Alternative B would be required to comply with all federal, state, and local regulations pertaining to hazards and hazardous materials. Additionally, and General Plan policies and strategies and compliance with CMC Section 17.04.040(B), Hazardous Materials, would further reduce impacts related to hazardous materials.
Furthermore, implementation of either scenarios would require the routine transport, use, or disposal of hazardous materials, which would not increase due to additional residential development.
The proposed Modified Project and Alternative B would include the same General Plan 2040 policies to minimize potential adverse impacts on residential projects within an emergency response plan or emergency evacuation plan. Thus, impacts under the Alternative B scenario would be similar to the proposed Modified Project.
Thus, though there would be more development potential under Alternative B, the location of this development and the requirement to comply with applicable laws, policies, and design standards would result in a
similar impact when compared to the proposed Modified Project.
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HYDROLOGY AND WATER QUALITY
As described in Chapter 4.9, Hydrology and Water Quality, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to hydrology and water quality. Compliance with existing State and local regulations and procedures would ensure that pre- and post-construction impacts to water quality would be less than significant. These regulations and procedures would be maintained under Alternative B.
Potential future development under both scenarios would occur within previously urbanized areas and would connect to existing drainage systems already in place. Alternative B involves more development potential, more ground disturbance and potential change in drainage patterns, and more water use from groundwater sources. As such, impacts to hydrology and water quality would be greater when compared to the proposed Modified Project.
LAND USE AND PLANNING
As described in Chapter 4.10, Land Use and Planning, of this Draft EA, the proposed Modified Project would result in less-than-significant impacts to land use and planning.
Both the proposed Modified Project and Alternative B would aim to improve connectivity and would not create physical barriers within existing communities. They would also both support the integration of infill development, while Alternative B further promotes this by providing additional housing opportunities along commercial corridors. Therefore, implementation of either development scenario would not conflict with any applicable land use plan adopted for the purpose of avoiding or mitigating an environmental effect and impacts would be similar when compared to the proposed Modified Project.
NOISE
As described in Chapter 4.11, Noise, of this Draft EA, the proposed Modified Project would result in less- than-significant impacts to noise. The Study Area is not located in the vicinity of a private airstrip or an airport land use plan, and therefore would have no impact related to airport or aircraft noise.
Under Alternative B, development under the proposed Modified Project would be implemented, with additional residential sites along commercial corridors. This would result in additional noise from construction, traffic, and other sources that would increase ambient noise levels. However, both the proposed Modified Project and Alternative B would be required to comply with CMC Section 10.48, Community Noise Control, Section 17.04.040(D)(1), Vibration Technical Report Requirements, and Section
17.04.050(G)(1), Noise and Vibration Permit Requirements, as well as federal, State, and local regulations related to temporary and operational noise.
While there is more development potential under Alterative B and overall temporary noise from more construction would be greater than under the proposed Modified Project, because as discussed in Section
5.5.2.14, Transportation, VMT would be less under Alternative B when compared to the proposed Modified Project, overall long-term operational noise impacts under Alternative B would be less when compared to the proposed Modified Project.
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POPULATION AND HOUSING
As described in Chapter 4.12, Population and Housing, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to population and housing.
Alternative B would include additional housing opportunity sites beyond what is included in the proposed Modified Project required to meet the 2023-2031 RHNA. Additionally, Alternative B would include the updated policy framework of the proposed Modified Project that ensures adequate planning occurs to accommodate the project growth of the city. Therefore, impacts under Alternative B would be similar when compared to those under the proposed Modified Project.
PUBLIC SERVICES
As described in Chapter 4.13, Public Services, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to fire protection services, police services, parks, schools, and libraries.
Alternative B would result in more housing and thus more residents in the Study Area. Therefore, the Alternative B scenario would result in greater demand for the public services provided in the Study Area.
Potential future development under Alternative B would also be required to comply with all existing City regulations adopted to ensure that development pays its fair share of the cost of delivering services, providing park space and libraries, while payment of property taxes would ensure that future development pays its fair share towards schools. Overall, impacts under Alternative B would be greater than those of the proposed Modified Project.
TRANSPORTATION
As described in Chapter 4.14, Transportation, of this Draft EA, the proposed Modified Project would not result in significant impacts related to conflicting with a program, plan, ordinance, or policy addressing the circulation system, increasing hazards due to geometric design features or incompatible uses, or inadequate emergency access. However, the proposed Modified Project would result in a significant and unavoidable impact related to an increase in VMT beyond the City’s adopted threshold.
Alternative B would result in more infill housing in PDAs and TPAs and thus an increase in residents in the Study Area. However, these additional residents would reside along TPAs and PDAs and provide housing close to walkable or transit-served commercial and office spaces. Like the proposed Modified Project, Alternative B would not result in significant impacts related to conflicting with a program, plan, ordinance, or policy addressing the circulation system, increasing hazards due to geometric design features or incompatible uses, or inadequate emergency access. Additionally, future potential development under both the proposed Modified Project and Alternative B would be required to comply with CMC Section 17,04.040(C), Vehicle Miles Traveled Technical Report Requirements, and CMC Section 17.08, Evaluation of Transportation Impacts under the California Environmental Quality Act, as well as federal, State, regional, and local regulations related to transportation.
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However , Alternative B would result in more residents concentrated along TPA and PDA corridors, and therefore less VMT compared to the proposed Modified Project. Therefore, overall impacts under Alternative B would be less when compared to the proposed Modified Project.
UTILITIES AND SERVICE SYSTEMS
As described in Chapter 4.15, Utilities and Service Systems, of this Draft EA, the proposed Modified Project would not result in any significant impacts related to water, wastewater, , stormwater, or energy infrastructure and services.
Demand and consumption trends generally demonstrate that advances in recycling and solid waste reduction requirements, water-efficient regulations in building and landscaping, and stricter stormwater retention requirements, would reduce impacts under both the proposed Modified Project and Alternative B. Future potential development under both the proposed Modified Project and Alternative B would be required to comply with federal, State, regional, and local regulations for managing stormwater during construction and operation of projects, including CMC Section 17.04.050(F), Control Stormwater Runoff Contamination. However, it is assumed that because Alternative B would result in more overall development than the proposed Modified Project, there would be greater overall water demand, wastewater and solid waste generation, and energy use. Thus, impacts under Alternative B would be greater than those of the proposed Modified Project.
WILDFIRE
As described in Chapter 4.16, Wildfire, of this Draft EA, the proposed Modified Project would not result in any significant wildfire impacts. Due to compliance with applicable local, regional, and State regulations, development under both scenarios would not impair the implementation of an emergency response or emergency evacuation plan or be within a Very High Fire Hazard Severity Zone or a Wildland Urban Interface Fire Area, nor would either scenario expose people or structures to significant wildfire risks, including downslope or downstream flooding or landslides. Neither scenario would result in the installation or maintenance of any infrastructure that could exacerbate fire risk or result in impacts to the environment. Therefore, potential future development under the Alternative B scenario would have similar wildfire impacts when compared to the proposed Modified Project.
5.5.3 RELATIONSHIP OF THE ALTERNATIVE TO THE OBJECTIVES As listed in Section 5.2, Project Objectives, the primary purposes of the proposed Modified Project are to plan for the maintenance, preservation, improvement, and development of housing in the city between 2023 and 2031. This includes rezoning sites to be consistent with the land use designations, affirmatively furthering fair housing, incentivizing development of housing to meet all income levels, and promoting a healthy and sustainable Cupertino that minimizes reliance on natural resources and vehicle use. Because Alternative B would increase opportunities for residential development within PDA and TPA areas of the city, this alternative would both support housing for all income, reduce reliance on vehicle use, and increase housing on previously disturbed sites. Therefore, Alternative B would meet all the project objectives.
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5.6 ENVIRONMENTALLY SUPERIOR ALTERNATIVE
In addition to the discussion and comparison of impacts of the proposed Modified Project and the alternatives, Section 15126.6 of the CEQA Guidelines requires that an “environmentally superior” alternative be selected and the reasons for such a selection be disclosed. In general, the environmentally superior alternative is the alternative to the proposed Modified Project that would be expected to generate the least number of significant impacts. Identification of the environmentally superior alternative is an informational procedure and the alternative to the proposed Modified Project selected may not be the alternative to the proposed Modified Project that best meets the goals or needs of Cupertino. Because CEQA Guidelines Section 15126.6(c) requires an evaluation of a reasonable range of alternatives to the proposed Modified Project, the proposed Modified Project under consideration cannot be identified as the environmentally superior alternative. Additionally, in accordance with CEQA Guidelines Section 15126.6(e)(2), if the environmentally superior alternative is the “No Project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.
As shown in Table 5-2, Alternative B would, in comparison to the proposed project, result in reduced environmental impacts related to air quality, greenhouse gas emissions, noise, and transportation.
Therefore, as shown in Table 5-2, Alternative B would be the environmentally superior alternative.
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CEQA-Mandated Sections
This chapter provides an overview of the impacts of the proposed Modified Project based on the analyses presented in Chapters 4.1 through 4.16 of this EA. The topics covered in this chapter include impacts found not to be significant, impacts found to be significant and unavoidable, growth-inducing impacts, and significant irreversible changes to the environment. A detailed analysis of the effects that the proposed Modified Project would have on the environment, and proposed mitigation measures to minimize significant impacts, are provided in Chapters 4.1 through 4.16 of this EA.
6.1 IMPACTS FOUND NOT TO BE SIGNIFICANT
CEQA Guidelines Section 15128, Effects Not Found to Be Significant, allows environmental issues for which there is no likelihood of significant impact to be “scoped out” and not analyzed further in the environmental analysis. This section explains the reasoning for the determination that the proposed Modified Project would have no effect within an entire environmental topic or under specific criteria within an environmental topic. As shown below, there would be no impacts to agriculture, forestry, or mineral resources as a whole; therefore, these topics are not evaluated in Chapter 4, Environmental Analysis, of this EA. Furthermore, there would be no impacts to some of the criteria for biological resources, geology and soils, hazards and hazardous materials, and noise. These specific criteria are identified in the corresponding subsection of this chapter and are not required to be evaluated in Chapter 4.
6.1.1 AGRICULTURE AND FORESTRY RESOURCES
The proposed Modified Project is within the city of Cupertino, which is an urbanized area with no agricultural resources. Maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency categorize land within the Study Area as Urban and Built-Up Land.1 There are no agricultural lands classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) within the Study Area. Potential future development permitted as a result of the proposed Modified Project would not occur within lands zoned for agricultural use in the Study Area. Therefore, there would not be a conflict with existing zoning for agricultural use, or a Williamson Act contract.
According to 2006 mapping data from the California Department of Forestry and Fire Protection, the City does not contain any woodland or forestland cover;
2 hence, the Study Area does not contain land zoned
1 California Resources Agency, Farmland Mapping and Monitoring Program. Santa Clara County Important Farmland 2020, accessed on January 8, 2024.
2 California Department of Forestry and Fire Protection Fire and Resource Assessment Program, Land Cover Map, accessed on January 8, 2024.
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for Timberland Production, nor does the Cupertino Zoning Map identify any areas zoned for Timberland Production.3 Consequently, there would be no impacts to agriculture and forestry resources.
6.1.2 MINERAL RESOURCES
Although Cupertino does have mineral resource zones (MRZ) classified as MRZ-2, which are areas where adequate information indicates that significant mineral deposits are present, and MRZ-3, which are areas containing mineral deposits for which the significance cannot be evaluated from available data, the Study Area is largely urbanized. With the exception of the four areas described below, there are no areas in the Study Area identified for protection or conservation with regard to mineral resources, given those areas are already developed and/or not considered suitable for conservation.4 There are four mineral resource areas in the general area of Cupertino, including two in unincorporated lands of Santa Clara County but within Cupertino’s boundary agreement areas, and two are within the city limit. The Hansen Permanente and Stevens Creek sites have been designated by the State as having mineral deposits of regional or state significance. However, these two sites are under the jurisdiction of Santa Clara County, and the proposed Modified Project does not propose future potential development on these sites.
The two sites in the Study Area that are classified as mineral resource areas for which the State requires policies supporting preservation and extraction are not within the boundaries of the proposed Modified Project; therefore, the proposed Modified Project would have no impact on these areas. Regardless, most of the areas have been developed with residential and other urbanized uses. Consequently, because the mineral resource areas within the Study Area have been developed and are not considered suitable for conservation, there would be no impact to mineral resources.
6.1.3 BIOLOGICAL RESOURCES
Impacts to biological resources are evaluated in Chapter 4.3, Biological Resources. The following standards of significance were determined to have no impact in Chapter 4.3:
Conflict with an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or State habitat conservation plan? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Potential future development under the proposed Modified Project, like the Approved Project, would occur outside the boundaries of the Santa Clara Valley Habitat Plan and would not be within any other habitat conservation plan or natural community conservation plan. Additionally, potential future
3 City of Cupertino, 2005 General Plan, Zoning Map, http://www.cupertino.org/index.aspx?page=291, accessed on January 8, 2024.
4 City of Cupertino, General Plan 2040, Chapter 5, Environmental Resources and Sustainability Element, pages ES-9-ES-10.
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development under the proposed Modified Project would also occur in urbanized areas without sensitive natural communities. Thus, no impact would occur under either criterion.
6.1.4 GEOLOGY AND SOILS
Impacts related to geology and soils are evaluated in Chapter 4.6, Geology and Soils. The following standard of significance was determined to have no impact in Chapter 4.6:
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? Potential future development under the proposed Modified Project, like the Approved Project, would not include the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact would occur regarding soil capability to adequately support the use of septic tanks or alternative wastewater disposal systems. Thus, no impact would occur under this criterion.
6.1.5 HAZARDS AND HAZARDOUS MATERIALS
Impacts related to hazards and hazardous materials are evaluated in Chapter 4.8, Hazards and Hazardous Materials. The following standard of significance was determined to have no impact in Chapter 4.8:
For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard for people living or working in the project area?
The Study Area 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, and there are no private airstrips or heliports listed by FAA in Cupertino. Thus, no impact would occur under this criterion.
6.1.6 NOISE
Noise-related impacts are evaluated in Chapter 4.11, Noise. The following standard of significance was determined to have no impact in Chapter 4.11:
For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Study Area 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, and there are no private airstrips or heliports listed by FAA in Cupertino. Thus, no impact would occur under this criterion.
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6.1 SIGNIFICANT AND UNAVOIDABLE IMPACTS
Section 15126.2(b) of the CEQA Guidelines requires that “direct and indirect significant effects of the project on the environment shall be clearly identified and described, giving due consideration to both the short- and long-term effects.” Chapter 2, Executive Summary, of this EA, contains Table 2-1, Summary of Impacts and Mitigation Measures, which summarizes the significant impacts, mitigation measures, and levels of significance with and without mitigation. The identification of these program-level impacts do not preclude the finding of less-than-significant impacts for subsequent projects analyzed at the project level that do not exceed the thresholds of significance. As detailed in Chapter 4.3, Air Quality, Chapter 4.7, Greenhouse Gas Emissions, and Chapter 4.14, Transportation, of this Draft EA, the following impacts would remain significant and unavoidable after feasible mitigation measures are applied:
Impact AIR-1: Implementation of the proposed Modified Project would conflict with the growth assumptions under Plan Bay Area 2040 that are applied to the Bay Area Air Quality Management District’s (BAAQMD) 2017 Clean Air Plan, the proposed Modified Project would therefore conflict with the air quality emissions forecast in the BAAQMD 2017 Clean Air Plan. Impact AIR-2: Operation of development projects that could occur from implementation of the proposed Modified Project would generate emissions that would exceed Bay Area Air Quality Management District’s regional significance thresholds for Reactive Organic Gases (ROG), nitrogen oxides (NOx), coarse inhalable particulate matter (PM10), and fine inhalable particulate matter (PM2.5). Impact AIR-5: The emissions that could occur over the buildout horizon of the proposed Modified Project could generate a substantial increase in emissions that exceeds the Bay Area Air Quality Management District’s significance thresholds and cumulatively contribute to the nonattainment designations and health risk in the San Francisco Bay Area Air Basin. Impact GHG-1: Implementation of the proposed Modified Project would exceed the net zero greenhouse gas emission threshold under Executive Order B-55-18. 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.
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. Impact TRANS-2: Implementation of the proposed Modified Project would exceed the adopted Cupertino vehicle miles traveled (VMT) threshold per service population of 31.30 VMT by 3.5 VMT per service population, due to forecasted growth through 2040. Impact TRANS-5: Implementation of the proposed Modified Project would cumulatively contribute to regional vehicle miles traveled.
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6.2 SIGNIFICANT IRREVERSIBLE CHANGES DUE TO THE
PROPOSED PROJECT
Section 15126.2(c) of the CEQA Guidelines requires an EIR to describe the extent to which the proposed project would commit nonrenewable resources to uses that future generations would probably be unable to reverse. The three CEQA-required categories of irreversible changes are described herein.
6.2.1 CHANGES IN LAND USE THAT COMMIT FUTURE
GENERATIONS
As described in detail in Chapter 3, Project Description, of this EA, the proposed Modified Project maintains the land use pattern of General Plan 2040. Potential future development under the proposed Modified Project would occur in existing urban areas and 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. However, some potential future development may occur on vacant non-urban sites that are already designated for development. Once future development under the proposed Modified Project occurs, it would not be feasible to return the developed land to its existing (pre-project) condition. Therefore, there is potential that some of the development allowed under the proposed Modified Project would lead to irreversible changes in land use.
6.2.2 IRREVERSIBLE DAMAGE FROM ENVIRONMENTAL
ACCIDENTS
Irreversible changes to the physical environment could occur from accidental release of hazardous materials associated with development activities; however, compliance with the applicable regulations and General Plan 2040 goals, policies, and programs, as described in Chapter 4.8, Hazards and Hazardous Materials, would reduce this potential impact to a less-than-significant level. Therefore, irreversible damage is not expected to result from the adoption and implementation of the proposed Modified Project.
6.2.3 LARGE COMMITMENT OF NONRENEWABLE RESOURCES
Implementation of development under the proposed Modified Project would result in the commitment of limited, renewable resources, such as lumber and water. In addition, potential future development under the proposed Modified Project would irretrievably commit nonrenewable resources for the construction of buildings, infrastructure, and roadway improvements. These nonrenewable resources include mined minerals, such as sand, gravel, steel, lead, copper, and other metals. Future buildout under the proposed Modified Project also represents a long-term commitment to the consumption of fossil fuels and gasoline.
Increased energy demands would be used for construction, lighting, heating, and cooling of residences, and transportation of people within, to, and from the Study Area. However, as shown in Chapter 4.5, Energy, and in Section 4.15.1, Water, and Section 4.15.4, Solid Waste, of Chapter 4.15, Utilities and Service Systems, of this EA, several regulatory measures and General Plan 2040 goals, policies, and strategies encourage energy and water conservation, alternative energy use, waste reduction, alternatives to GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
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automotive transportation, and green building. Potential future development under the proposed Modified Project would be required to comply with all applicable building and design requirements, including those in Title 24, California Buildings Standards Code, relating to energy conservation. In compliance with CALGreen, the State’s Green Building Standards Code, future potential development under the proposed Modified Project would be required to reduce water consumption by 20 percent, divert 50 percent of construction waste from landfills, and install low pollutant-emitting materials.
Additionally, future potential development under the proposed Modified Project would be fully electric and include EV charging infrastructure. Therefore, while the construction and operation of potential future development under the proposed Modified Project would involve the use of nonrenewable resources, compliance with applicable standards and regulations and implementation of General Plan 2040 goals, policies, and strategies would reduce the use of nonrenewable resources to the maximum extent practicable; therefore, the proposed Modified Project would not represent a large commitment of nonrenewable resources in comparison to a business-as-usual situation.
6.3 GROWTH-INDUCING IMPACTS OF THE PROPOSED
PROJECT
Section 15126.2(d) of the CEQA Guidelines requires that an EIR describes the ways in which a proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Typical growth-inducing factors might be the extension of urban services or transportation infrastructure to a previously unserved or under-served area, or the removal of major barriers to development.
This section evaluates the proposed Modified Project’s potential to create such growth inducements. As CEQA Guidelines Section 15126.2(d) requires, “[it] must not be assumed that growth in an area is necessarily beneficial, detrimental, or of little significance to the environment.” In other words, negative impacts associated with growth inducement occur only where the projected growth would cause significant adverse environmental impacts.
Growth-inducing impacts fall into two general categories: direct or indirect. Direct growth-inducing impacts are generally associated with providing urban services to an undeveloped area. Indirect, or secondary growth-inducing impacts consist of growth induced in the region by additional demands for housing, goods, and services associated with the population increase caused by, or attracted to, a new project.
As described in detail in Chapter 4.12, Population and Housing, of this EA, the General Plan is the policy document that plans ahead to accommodate the amount of reasonably foreseeable growth given past growth trends and the ability of existing services and infrastructure to support future growth. Therefore, implementation of the proposed Modified Project would not directly induce growth, but rather is a response to growth that is likely to occur within with Study Area. Because the General Plan 2040 includes recommendations for future development and infrastructure, it has the potential to indirectly induce growth. However, the General Plan itself is the City’s effort to adequately plan for this growth.
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Furthermore, this additional growth would likely occur incrementally over a period of approximately 8 to 15 years, and a policy framework is in place to ensure adequate planning occurs to accommodate it regardless of the development timeline. The proposed Modified Project results in concentrated and infill development and implements energy and water conservation requirements related to existing and new development, thereby minimizing consumption of non-renewable resources to the extent practicable.
6.3.1 DIRECT IMPACTS
The proposed Modified Project is a plan-level document and does not propose any specific development; however, implementation of the proposed Modified Project would induce growth by increasing the development potential in the Study Area, as shown in Table 3-8, Proposed 2040 Buildout Projections, in Chapter 3, Project Description. As shown in Table 3-8, the 2040 forecast of the proposed Modified Project is approximately 81,037 total population and 29,137 housing units. State law requires the City to promote the production of housing to meet its fair share of the regional housing needs distribution made by ABAG.
In addition, implementation of the proposed Modified Project would result in regional benefits by promoting growth that encourages less automobile dependence, which could have associated air quality and GHG benefits. Encouraging infill and concentrated growth would help to reduce development pressures on lands outside the Study Area.
6.3.2 INDIRECT IMPACTS
The proposed Modified Project could be considered growth inducing because it includes policies and strategies that encourage new growth in the Study Area. Potential future development 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.
However, future potential development and growth would be required to comply with the City’s General Plan 2040, zoning regulations, and standards for public services and utilities; secondary effects associated with this growth do not represent a new significant environmental impact that has not already been addressed in the individual resource chapters of this EA. Additionally, population growth would likely occur incrementally over a period of approximately 8 to 15 years and would be consistent with the regional planning objectives established for the Santa Clara County region.
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
CITY OF CUPERTINO
CEQA-MANDATED SECTIONS
6-8 APRIL 2024
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PLACEWORKS 7-1
Organizations and Persons Consulted
This Draft EA was prepared by the contributors listed and includes content and information provided by the lead agency, other agencies, consultants, and other contributors.
7.1 LEAD AGENCY
City of Cupertino
Community Development Department
Public Works Department
City Attorney Department
7.2 OTHER AGENCIES AND ORGANIZATIONS CONSULTED
Native American Heritage Commission
Native American Tribes
Amah Mutsun Tribal Band
Amah Mutsun Tribal Band of Mission San Juan Bautista
Indian Canyon Mutsun Band of Costanoan
Muwekma Ohlone Indian Tribe of the SF Bay Area
North Valley Yokuts Tribe
Tamien Nation
Ohlone Indian Tribe
Wuksachi Indian Tribe/Eshom Valley Band
7.3 CONSULTANTS
PlaceWorks: Environmental Prime Consultant
ECORP: Noise
Fehr & Peers: Transportation
GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS ENVIRONMENTAL ASSESSMENT
CITY OF CUPERTINO
ORGANIZATIONS & PERSONS CONSULTED
7-2 APRIL 2024
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2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
www.PlaceWorks.com
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE