G – Categorical Exemption Memorandum — Cupertino City Council, July 1, 2025

20840 Stevens Creek Boulevard
Townhomes Project
CEQA Exemption
City of Cupertino
Prepared for:

City of Cupertino
Contact: Emi Sugiyama, Associate Planner
City of Cupertino | Planning Division
10300 Torre Avenue | Cupertino, CA 95014
(408) 777-3205
[email protected]
Prepared by:

PlaceWorks
Contact: Vivian Kha, Associate II
2040 Bancroft Way, Suite 400 | Berkeley, CA 94704
(510) 848-3815
[email protected]
www.placeworks.com
June 2025

20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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Table of Contents

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Section Page

1. INTRODUCTION ................................ ................................ ................................ ................................ ................ 5

1.1 CATEGORICAL EXEMPTION ................................................................................................................... 5

1.2 STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS ............................................................. 6

2. PROJECT DESCRIPTION ................................ ................................ ................................ ................................ ..... 7

2.1 REGIONAL LOCATION ............................................................................................................................ 7

2.2 PROJECT SITE ........................................................................................................................................ 7

2.3 LAND USE AND ZONING DESIGNATIONS ............................................................................................ 12

2.4 PROPOSED PROJECT ........................................................................................................................... 14

3. EXEMPTION ................................ ................................ ................................ ................................ ................... 23

3.1 CEQA GUIDELINES SECTION 15332(A): GENERAL PLAN AND ZONING CONSISTENCY ....................... 24

3.2 CEQA GUIDELINES SECTION 15332(B): PROJECT LOCATION, SIZE, AND CONTEXT ............................ 25

3.3 CEQA GUIDELINES SECTION 15332(C): ENDANGERED, RARE, OR THREATENED SPECIES ................. 25

3.4 CEQA GUIDELINES SECTION 15332(D): TRAFFIC, NOISE, AIR QUALITY, OR WATER QUALITY ............ 29

3.5 CEQA GUIDELINES SECTION 15332(E): UTILITIES AND PUBLIC SERVICES .......................................... 53

4. EXCEPTIONS ................................ ................................ ................................ ................................ ................... 57

4.1 CEQA GUIDELINES SECTION 15300.2(A): LOCATION .......................................................................... 57

4.2 CEQA GUIDELINES SECTION 15300.2(B): CUMULATIVE IMPACT........................................................ 57

4.3 CEQA GUIDELINES SECTION 15300.2(C): SIGNIFICANT EFFECT ......................................................... 58

4.4 CEQA GUIDELINES SECTION 15300.2(D): SCENIC HIGHWAYS ............................................................ 58

4.5 CEQA GUIDELINES SECTION 15300.2(E): HAZARDOUS WASTE SITES ................................................ 58

4.6 CEQA GUIDELINES SECTION 15300.2(F): HISTORICAL RESOURCES .................................................... 60

5. CONCLUSION ................................ ................................ ................................ ................................ .................. 65

6. LIST OF PREPARERS ................................ ................................ ................................ ................................ ........ 67 CITY OF CUPERTINO .......................................................................................................................................... 67 PLACEWORKS .................................................................................................................................................... 67

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Figures
Figure 2-1 Regional and Vicinity Map .................................................................................................................... 8 Figure 2-2 Aerial View of Project Site and Surroundings ....................................................................................... 9 Figure 2-3 Proposed Site Plan .............................................................................................................................. 15 Tables
Table 3-1 Construction Equipment Noise Levels ................................................................................................ 34 Table 3-2 Noise Levels at Property Lines ............................................................................................................ 36 Table 3-3 Construction Equipment Vibration Levels .......................................................................................... 37 Table 3-4 Construction Emissions ....................................................................................................................... 41 Table 3-5 Operational Emissions ........................................................................................................................ 42 Table 3-6 Health Risk Impacts to MEIs ............................................................................................................... 44 Table 3-7 Cupertino Climate Action Plan Consistency Matrix ............................................................................ 47 Appendices
Appendix A Biological Assessment
Appendix B Environmental Site Assessments
Appendix C Transportation Analysis
Appendix D Preliminary Arborist Report
Appendix E Noise Assessment
Appendix F Air Quality Assessment

SOURCES
All documents cited in this report and used in its preparation are hereby incorporated by reference into this document. Copies of documents referenced herein are available for review at the City of Cupertino Community Development Department at 10300 Torre Avenue, Cupertino, California 95014.

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1. Introduction
This section describes the standards for determining a significant effect on the environment from construction and operation of the proposed 20840 Stevens Creek Boulevard Townhomes Project (proposed project) pursuant to the requirements of the California Environmental Quality Act (CEQA). Additionally, this section describes the standards in the City of Cupertino Municipal Code (CMC) Chapter 17.04, Cupertino Standard Environmental Protection Requirements, that apply to all projects in Cupertino.

1.1 CATEGORICAL EXEMPTION
Article 19 (Categorical Exemptions) of the CEQA Guidelines includes, as required by CEQA Section 21084 (List of Exempt Classes of Projects; Projects Damaging Scenic Resources) , a list of classes of projects that have been determined not to have a significant effect on the environment and, as a result, are exempt from review under CEQA. This document has been prepared to demonstrate CEQA compliance as it pertains to the redevelopment of the existing commercial development on the project site into the proposed 59-unit townhome development, herein referred to as the proposed project . This document also provides information to decision makers regarding a finding that the proposed project is exempt under CEQA.

This document describes how the proposed project qualifies for a Class 32 CEQA Exemption pursuant to CEQA Guidelines Section 15332 (Infill Development Projects), which requires that:
(a) The proposed project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable Zoning designations and regulations; (b) The proposed project would occur within the c ity limits on a site of less than 5 acres in size that is substantially surrounded by urban uses;
(c) The project site has no value for endangered, rare or threatened species; (d) The proposed project would not result in any significant effects related to traffic, noise, air quality or water quality; and
(e) The project site can be adequately served by all required utilities and public services.

In addition, this document demonstrates that none of the exceptions to categorical exemptions apply pursuant to CEQA Guidelines Section 15300.2 (Exceptions), which are based on the following:
(a) The project is not located within a sensitive environment; (b) There would be no cumulative impacts;
(c) There would be no significant effects on the environment due to an unusual circumstance; (d) There would be no impacts to a scenic highway;
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(e) The project site is not located on a hazardous waste site; and (f) There would be no impacts to historical resources.

1.2 STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS
In addition to the standards identified in Section 1.1, Categorical Exemption, all projects in Cupertino are required to comply with the CMC Chapter 17.04, Standard Environmental Protection Requirements.

Pursuant to CMC Section 17.04.030(A), the se requirements apply to every project in the city. Pursuant to CMC Section 17.04.030(B)(1), because the proposed residential townhome project has more than four units, compliance must be demonstrated through submittal and implementation of a construction management plan and/or permit plans, as applicable, prior to issuance of an approval , to the satisfaction of the City. Pursuant to CMC Chapter 17.04, development projects must submit technical reports for air quality, hazardous materials, vehicle -miles traveled (VMT), and construction vibration. These reports are subject to peer review by the City’s third-party reviewers. This chapter of the CMC also includes nine permit submittal requirements:

1. Air Quality

2. Hazardous Materials

3. Greenhouse Gas Emissions and Energy

4. Biologic Resources

5. Cultural Resources

6. Hydrology and Water Quality

7. Noise and Vibration

8. Paleontological Resources

9. Utilities and Service Systems

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2. Project Description

2.1 REGIONAL LOCATION
The project site is in the city of Cupertino, approximately 38 miles southwest of San Francisco. Cupertino is on the western edge of Santa Clara County and west of the city of San Jose, south of the city of Sunnyvale, and north of the city of Los Gatos. Regional access to the project site is provided by Interstate 280 (I -280) via De Anza Boulevard to the north and Highway 85 from Stevens Creek Boulevard to the west. See Figure 2-1, Regional and Vicinity Map.

2.2 PROJECT SITE

2.2.1 Location
The 2.97-acre project site at 20840 Stevens Creek Boulevard 1 is in the central region of the city, near the intersection of Stevens Creek Boulevard and Saich Way. The project site is in a Santa Clara Valley Transportation Authority (VTA) City Cores, Corridors, and Station Areas Priority Development Area (PDA) 2 and in a Transit Priority Area (TPA) ,3 as defined by the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC). As shown on Figure 2 -2, Aerial View of Project Site and Surroundings, t he project site is in a built -up and urbanized area adjacent to the Cupertino Crossroads Shopping Center, with commercial uses to the north and east, single-family residences to the south, William Faria Elementary School to the southwest, and religious uses to the west. The project site is bounded by Stevens Creek Boulevard to the north, a commercial building and surface parking lot to the east, residences to the south, and the Union C hurch of Cupertino and Christian Righteousness Education Center Preschool building to the west.

1 Addresses for the project site include 20770, 20830, 20840, and 20850 Stevens Creen Boulevard, but for the purposes of this document, a single address (20840 Stevens Creek Boulevard) is used to represent the entire project site. 2 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Priority Development Areas (Plan Bay Area 2050), https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area- 2050, accessed December 27, 2024.
3 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5, accessed December 27, 2024.

Wilson
Park
Memorial Park
Library
Field
R e g n a r t C r e e k
N
S
t
e
l
l
i
n
g
R
d
S Stelling Rd
Bubb Rd
Mcclellan Rd
N Blaney Ave
S Blaney AveS De Anza Blvd
Stevens Creek Blvd
N De Anza Blvd
85 Figure 2-1
Regional and Vicinity Map
Source: ESRI, 2025; City of Cupertino, 2025; PlaceWorks, 2025.

PROJECT DESCRIPTION

CITY OF CUPERTINO
20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION 0 0.1 0.20.05
Miles

ALAMEDA
COUNTY

SAN MATEO
COUNTY

SANTA CLARA
COUNTY
SANTA
CRUZ
COUNTY
Project Site
City Boundary
County Boundaries
Railroad
Creeks and Waterways
Parks and Open Space
Stevens Creek Blvd
Figure 2-2
Aerial View of Project Site and Surroundings
Source: Google Maps, 2025; City of Cupertino, 2025; PlaceWorks, 2025.

PROJECT DESCRIPTION

CITY OF CUPERTINO
20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION 0 0.01 0.02
Miles
Project Site
Institutional
(School)
Institutional
(Church)
Commercial
Commercial
Residential
Commercial
Commercial
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Sensitive receptors include places with people that have an increased sensitivity to air pollution, noise, or environmental contaminants. These sites can include schools, parks and playgrounds, day care centers, hotels, senior housing, nursing homes, hospi tals, and residential dwelling units. Sensitive receptors within

0.25 miles (1,320 feet)4 of the project site include the following:
 Single-family residences that share a property line with the project site to the south;  Church and preschool buildings approximately 0.01 miles (53 feet) immediately west and 0.13 miles (690 feet) to the northwest;
 A school facility (William Faria Elementary School) approximately 0.04 miles (210 feet) to the southwest;
 A day care facility (Happy Days Child Development Center) approximately 0.12 miles (634 feet) to the northeast; and
 A medical building (chiropractor) and residential single-family units approximately 0.06 miles (316 feet) to the west.

2.2.2 Existing Site Conditions
As shown on Figure 2-2, the project site is currently developed with three commercial buildings. The project site also currently includes portions of a shared parking lot and ornamental landscaping associated with the commercial businesses.

The project site is relatively fla t with an elevation of around 26 3 feet above mean sea level. 5 The surficial geology consists of late Pleistocene older surficial sediments, which is described as older alluvial terrace gravel, sand, and clay, undeformed.6 No paleontological resources have been identified on the project site; however, the presence of Pleistocene deposits that are known to contain fossils indicates that the overall city, including the project site, could contain paleontological resources. 7 Unique geological features are not
common in Cupertino. The geology and soils on the project site are common throughout the city and region and are not considered unique.

4 This distance is consistent with CEQA Guidelines topic Hazards and Hazardous Materials, which asks “Would the project emit hazardous emissions or handle hazardous materials, substances or waste within 0.25 miles of an existing or proposed school?”
5 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document). 6 United States Geological Survey and Association of American State Geologists, 2007, Geologic map of the Cupertino and San Jose West quadrangles, Santa Clara and Santa Cruz Counties, California, https://ngmdb.usgs.gov/Prodesc/proddesc_83442.htm, accessed December 27, 2024. 7 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and Zoning Code Amendments Environmental Assessment, https://www.cupertino.gov/Your-City/Departments/Community- Development/Planning/General-Plan/General-Plan-Community-Vision, accessed December 27, 2024. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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Pursuant to CMC Section 17.04.040(B)(1) and (B)(2), the project applicant prepared a Phase I Environmental Site Assessment (ESA), 8 a limited Phase II ESA, 9 and an additional Phase II ESA, 10 which were subject to a third-party peer review on behalf of the City. The project site was used for agricultural purposes as orchards from 1939 through the late 1960s and was improved with buildings between the early 1960s and late 1990s, until the project site was developed with the three existing commercial buildings . Buildings on the site included a post office from 1968 through the 1990s and as various restaurants, bakeries, and food stores between 1971 and 2020, and the current Staples since 2010. 11 The Phase I and II ESA s did not reveal evidence of Recognized Environmental Conditions (REC), controlled RECs, and/or historical RECs at the project site; however, there was one organochlorine pesticide in exceedance of the Regional Water Quality Control Board residential environmental screening level for Technical Chlordane, 12 which is an insecticide
applied on agricultural crops and livestock and on building foundations between 1947 through 1978.

Neither the Phase I or II ESAs evaluated the likelihood of the on-site buildings to contain asbestos-containing materials (ACM) or lead-based paint (LBP) . Therefore, due to the age of the existing buildings that were built around 1963, they are conservatively assumed to contain ACMs and/or LBPs, which were unregulated in construction until the early 1970s.

The existing buildings on the project site are not currently listed on the National Register of Historic Places13 or the list of California Historical resources, 14 nor are they associated with significant cultural events, persons in California’s past, and do not have any distinctive historical characteristics, and as such do not have any qualifying historical value.

8 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document). 9 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document). 10 Roux Associates Inc., May 2, 2025, Additional Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document). 11 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document). 12 Roux Associates Inc., June 4, 2024, Limited Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document). 13 National Park Service, updated July 10, 2024, National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/database-research.htm#table, accessed December 27, 2024. 14 California Office of Historic Preservation, 2024, California Historical Resources, https://ohp.parks.ca.gov/ListedResources/?view=county&criteria=43, accessed December 27, 2024. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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According to the Vegetation Map shown in the Environmental Resources and Sustainability Element of the Cupertino General Plan, the project site is within the urban forest (i.e., trees in the city). 15 The City recognizes that every tree on both public and private property is an important part of Cupertino’ s urban forest and contributes significant economic, environmental, and aesthetic benefits of the community.16 On- site landscaping includes 5 4 trees, a ll of which will be removed . All 5 4 trees qualify as protected development trees and will require approval of a tree removal permit prior to removal and replacement. 17 The project site is in a Local Responsibility Area (LRA) but is not in a fire hazard severity zone as designated by California Department of Forestry and Fire Protection (CAL FIRE). It is approximately 1.7 miles northeast of a very high fire hazard severity zone in an LRA, and 2 miles east of lands that CAL FIRE designates as a high fire hazard severity zone in a State Responsibility Area (SRA). 18 The project site is roughly 1.2 miles northeast of a wildland-urban interface (WUI), which is an area of transition between wildland (unoccupied land) and land with human development (occupied land).19

2.3 LAND USE AND ZONING DESIGNATIONS
The project site is assigned Assessor’s Parcel Numbers (APN) 359-08-025, 359-08-026, 359-08-027, and 359-08-028 (partial). The project application was filed pursuant to the Housing Crisis Act of 2019, commonly referred to by its legislative number, Senate Bill (SB) 330, which vests the standards that are in place at the time a “preliminary application” for a housing project is submitted and prevents jurisdictions from imposing or enforcing new design standards on housing projects that are not objective. As such, the proposed project is subject to the regulations in place at the time the project’s preliminary application was submitted on January 29, 2024. While the City was in the process of getting its Housing Element certified, the developer submitted a Preliminary Application pursuant to SB 330, which vested a lower density for one of the parcels identified as a Priority Housing Site in the City’s 6th Cycle Housing Element.

15 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Chapter 6, Environmental Resources and Sustainability Element, Figure ES-1, Vegetation, https://www.cupertino.gov/Your-City/Departments/Community- Development/Planning/General-Plan/General-Plan-Community-Vision, accessed December 27, 2024. 16 City of Cupertino, 2024, Tree Protection & Tree Removal, https://www.cupertino.gov/Your- City/Departments/Community-Development/Planning/Residential-Planning/Tree-Protection-Removal, accessed December 27, 2024.
17 Hort Science Bartlett Consulting, updated December 19, 2024, Preliminary Arborist Report, 20840 Stevens Creek Boulevard, Cupertino, CA (see Appendix D, Preliminary Arborist Report, of this document). 18 California Department of Forestry and Fire Protection, 2024, Fire Hazard Severity Zone Viewer, https://experience.arcgis.com/experience/03beab8511814e79a0e4eabf0d3e7247/, accessed December 27, 2024. 19 California Department of Forestry and Fire Protection, updated December 2, 2022, Wildland-Urban Interface Fire Threat, https://www.arcgis.com/apps/mapviewer/index.html?layers=d45bf08448354073a26675776f2d09cb, accessed December 27, 2024.
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The project is within the Heart of the City Special Area with a Commercial/Office/Residential (with a residential density of up to 25 dwelling units per acre) General Plan land use designation, and the Planned Development with General Commercial with Resid ential (P(CG,RES)) zoning district at the time of application. The Commercial/Office/Residential land use designation allows primarily commercial and office uses and secondarily residential uses or a compatible combination of the two uses.20 The Heart of the City Specific Plan contemplates mixed-use development with a primary focus on providing commercial uses that serve the public with frontages of buildings along Stevens Creek Boulevard. The Specific Plan allows for fully residential development through the approval of a Conditional Use Permit, which has been included in the proposed project’s scope. The applicable standards in the General Plan allow for a maximum residential density of 25 dwelling units per acre and a maximum building height of 45 feet on the project site.

The type of use allowed on the project site is General Commercial with Residential (P(CG,RES)), which allows for residential development. All planned development districts are identified on the zoning map with the letter code "P" followed by a specific reference to the general type of use allowed in the particular planned development zoning district. As described in CMC Section 19.80.010, Purpose , the planned development zoning district is intended to provide a means of guiding land development or redevelop ment in the city that is uniquely suited for planned coordination of land uses. Development in this zoning district provides for a greater flexibility of land use intensity and design because of the considerations made for accessibility, ownership patterns, topographical considerations, and community design objectives. The planned development zoning district is intended to:
 Encourage variety in the development pattern of the community.  Promote a more desirable living environment.
 Encourage creative approaches in land development.
 Provide a means of reducing the amount of improvements required in development through better design and land planning.
 Conserve natural features.
 Facilitate a more aesthetic and efficient use of open space.  Encourage the creation of public or private common open space.

Pursuant to the State Density Bonus Law and the City’s Density Bonus ordinance (CMC Chapter 19.56, Density Bonus), the project applicant has requested the following, to the extent needed to comply with applicable objective standards:

20 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Appendix A, Land Use Definitions, https://www.cupertino.gov/files/assets/city/v/2/departments/documents/community-development/planning/general- plan/current-gp-documents/cupgp_appendixa_2024update_9-25-2024.pdf, accessed December 27, 2024. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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 A waiver or reduction of development standards to reduce the front, side, and rear setbacks for portions of the project.
 A waiver or reduction of development standards to increase the distance that architectural features (e.g., porches) may extend into the front setback from 4 to 9 feet for portions of the project.  A waiver or reduction of development standards to increase the maximum lot coverage from 40 to

42.1 percent.
 A reduction of vehicle parking standards pursuant to Government Code Section 65915(p).  A waiver from the requirement to allow service pick-ups (e.g., trash and recycling) from the rear of the property.
 A waiver to increase the height limit from 45 feet to 45 feet, 10 inches.

2.4 PROPOSED PROJECT
The project applicant, SummerHill Homes LLC, is proposing the Stevens Creek Boulevard Townhomes Development Project that will involve the demolition of the three existing commercial buildings (totaling 38,735 square feet) and the construction of 59 townhome condominium units across eight three- and four- story buildings. The following provides a detailed description of the proposed project , as shown on the conceptual site plan dated December 2024.21

2.4.1 Proposed Townhomes
The proposed townhomes will include 47 market-rate units and 12 below-market-rate units for a total of 59 units. There are several different townhome types proposed, including three - and four-bedroom units, ranging from 1,799 to 2,723 square feet. Each townhome will have three or four stories and will be 45 feet, 10 inches tall at the highest point, as measured from the adjacent sidewalk elevation along Stevens Creek Boulevard. Each townhome will include an average of 276 square feet per unit of private ope n space through a porch and decks, with some units incorporating a roof deck. The p roposed project includes 118 off-street garage residential parking spaces and 11 uncovered guest parking spaces. Each unit will have an attached private two-car garage — side-by-side garages for 38 of the units and tandem garages for 21 of the units. Bicycle storage for residents is provided in the private garages, and bicycle racks for guests will be located around the site. The proposed project will provide 13,939 square feet of common usable open space. The site plan for the proposed project is included in Figure 2-3, Proposed Site Plan.

21 Effective January 1, 2023, Government Code Section 65103.5 (Senate Bill [SB] 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during hearings to consider the proposal.

Source: cbg Civil Engineers Surveyors Planners, R3 Studios, SDG Architects, Inc.

Figure 2-3
Proposed Site Plan

PROJECT DESCRIPTION
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2.4.2 Landscaping
As shown on Figure 2-3, groundcover, shrubs, and trees will be planted throughout the site. Landscaping area for both hardscape (impervious) and green area (pervious) will be 101,430 and 29,356 square feet , respectively. Groundcovers and shrubs proposed on site will be of the Aeonium, Agave, Aloe, Anigozanthus, Arctostaphylos, Aristida, Bulbine, Calandrinia, Carpenteria, Chondropetalum, Cistus, Dianella, Dietes, Echeveria, Eremophila, Erigonum, Elymus, Euphorbia, Galvezia, Grevillea, Festuca, Hemerocallis, Hesperaloe, Heurchera, Juncus, Ligustrum, Lirope, Lomandra, Mimulus, Myrsine, Myrtus, Muhlenbergia, Nandina, Pennisetum, Pittosporum, Polystichum, Portulacaria, Prunus, Rhaphiolepis, Salvia, Senecio, Sesleria, Teucrium, Yucca, and Zauschneria
genera.

The proposed project will plant 71 trees to replace the 54 existing trees to be removed. Trees proposed as part of the plant palette include those of the Acer, Agonis, Cercis, Chionanthus, Chitalpa, Lagerstroemia, Laurus, Melaleuca, Olea, Podocarpus, Prunus, Quercus, Rhaphiolepis, and Zelkova genera. Additionally, the proposed project will result in the planting of 29 callery pear (pyrus calleryana ‘chanticleer’) street trees along Stevens Creek Boulevard, as required by the Cupertino Heart of the City Specific Plan.

2.4.3 Project Access and Circulation

2.4.3.1 VEHICULAR ACCESS
The proposed project will have a two -lane entrance/exit circulation pattern with two access points on Stevens Creek Boulevard, similar to the existing entrance/exit circulation pattern. The proposed emergency and garbage pick-up access route will be the same as the proposed vehicle access routes.

As stated in Section 2.2.1, Location, the project site is in a TPA and meets the standard for a major transit stop.22 The closest bus stop to the project site is approximately 0.06 miles (300 feet) away, on the east side of Siach Way on Stevenson Boulevard. The nearest major transit stop is 0.10 miles (537 feet) away, on the east side of South Stelling Road that provides stops with a bus frequency service interval of 15 to 20 minutes during the peak weekday commute periods along VTA bus route 23 and Rapid Transit 523. In addition, VTA

22 Public Resources Code Section 21099 states that a transit priority area means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan, and Section 21064.3 states that a major transit stop is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. Note that Section 21064.3 was amended in 2024 and the change from 15 to 20 minutes went into effect on January 1, 2025; however, the Cupertino Municipal Code Section 17.08.010, Definitions, includes the now outdated standard of 15 minutes.
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bus routes 25, 51, and 55 have a bus frequency of every 30 minutes or less.23 The project was reviewed by VTA and no improvements to the stops were requested.

2.4.3.2 PEDESTRIAN AND BICYCLE ACCESS
Pedestrian access to the townhomes will be available from two access points along Stevens Creek Boulevard. The proposed development provides interior pedestrian circulation throughout the site and includes additional public access to the neighboring property through unfenced/ungated openings in the proposed fence line allowing for direct pedestrian passage into the neighboring commercial property. While the proposed project does not propose any new bicycle lanes or routes, the site is accessible from the existing Enhanced Bike Lane on Stevens Creek Boulevard.24

2.4.4 Utilities and Public Services Providers
The proposed utility infrastructure will connect to the existing water, sewer, storm drain system, and electricity network in the area, and will be served by an existing solid waste landfill.

2.4.4.1 WATER SUPPLY AND CONSERVATION
The project site is in the Cupertino Water Service (CWS) area, leased to San José Water (SJW). Water service to the project site will be provided by the existing water line on Stevens Creek Boulevard from an 18-inch pipe. No new connections will be needed and are not proposed as part of the project.

The project incorporates a number of features meant to conserve water . The proposed landscaping will include native and/or adaptive and drought -resistant plant materials of similar water use grouped by hydrozones. The majority of plantings will be drought -tolerant grasses, shrubs, and trees that , once established, will be adapted to a dry summer and intermittent rain in the winter season. All planting and irrigation will conform with the Cupertino Landscape Ordinance, and water uses will be tailored to meet CALGreen Building Standards, which require water conservation and for new buildings to reduce water consumption by 20 percent. CMC Sections 16.58.100 through 16.58.140 set forth the standards for green building requirements by type of building. As shown i n Table 101.10 in CMC Section 16.58.23 0, n ew construction of greater than nine homes is required to be Green Points Rated certified at a minimum of 50 points, Silver in Leadership in Energy and Environmental Design (LEED) (City’s preferred method), or meet

23 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis (see Appendix C, Transportation Analysis, of this document). 24 City of Cupertino, June 2016, 2016 Bicycle Transportation Plan, https://www.cupertino.gov/files/assets/city/v/1/our- community/documents/cupertino-bicycle-transpor.pdf, accessed December 30, 2024. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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an Alternate Reference Standard pursuant to Section 101.10.2.25 The proposed project will be conditioned to meet one of these mandatory standards at the Building Permit phase. The LEED rating system encourages water use reduction. Specifically, in LEED v4.1 for Building Design and Construction (BD+C), Outdoor Water Use Reduction, Indoor Water Use Reduction and Building -level Water Metering are prerequisites for achieving Water Efficiency (WE) credits.

2.4.4.2 SANITARY SEWER SERVICE
The project site is located in the Cupertino Sanitary District (CSD) service area and wastewater will be treated at the San Jose/Santa Clara Water Pollution Control District (SJ/SCWPCD) plant. Wastewater generated at the project site will be collected by the existing eight-inch sanitary sewer main on Stevens Creek Boulevard.

2.4.4.3 STORMWATER MANAGEMENT
The proposed project will result in 101,430 square feet of impervious surfaces coverage and 29,356 square feet of landscape, permeable pavement, and bioretention features . Compared to approximately 115,970 square feet of impervious surfaces coverage in existing conditions, this will be a decrease of 14,540 square feet of impervious surfaces. Stormwater will be treated on site as required to meet municipal stormwater permit requirements. The proposed project includes 3,847 square feet of on -site bioretention areas that will hold and treat stormwater before it is discharged to an existing 27 -inch public storm drain in Stevens Creek Boulevard. The proposed project is required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows to match pre- development conditions, and agreements to ensure that the stormwater treatment and flow -control facilities are maintained in perpetuity. The project also must comply with CMC Chapter 9.18 , Stormwater Pollution Prevention and Watershed Protection, which is intended to provide regulations and give legal effect to certain requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the City.

25 Leadership in Energy and Environmental Design (LEED) is a green building certification program that recognizes best-in- class building strategies and practices that reduce consumption energy, and water, and reduce solid waste directly diverted to landfills. LEED-certified buildings are ranked in order of efficiency from Certified, Silver, Gold, and Platinum being the highest ranking with the greatest efficiency standard. LEED Silver certified buildings typically reduce is the third-highest ranking out of the four, with just being certified being the lowest and Gold and Platinum being the second highest. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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2.4.4.4 SOLID WASTE SERVICES
Recology South Bay will provide curbside recycling, garbage, and compost and landscaping waste services to the project site.26 Each garage will include designated space where waste and recycling bins must be stored. Residents will be responsible for placing bins on their driveway for pickup. All non -hazardous solid waste collected under the Recology franchise agreement is taken to Newby Island Sanitary Landfill for processing. Under the agreement between the City and Recology, Recology also handles recyclable materials.

2.4.4.5 OTHER UTILITIES
Electric, cable, and telephone service is anticipated to connect to existing service lines along the south property line. A temporary overhead electric line will be installed to maintain power to the neighboring properties during construction. There are no existing overhead lines along the project frontage. New on - site utilities will be placed underground, with the exception of the temporary overhead electric line and two existing riser poles at the southern and western property lines and two pad -mounted transformers. The existing overhead electric lines running along the median of Stevens Creek Boulevard will remain. The proposed project will be fully electric and the Pacific Gas and Electric Company (PG&E) will supply electricity to the project site with existing infrastructure.
27 The source of electricity will be provided through a partnership between Silicon Valley Clean Energy (SVCE), which provides a standard electricity offering from a 50 percent renewable portfolio, 28 and PG&E. SVCE also offers a 100 percent renewable option that electricity customers can opt into. As previously stated in Section 2.4.4.1, Water Supply and Conservation, the proposed project will comply with the City’s adopted green building requirements, which includes the California Green Building Standards Code (Title 24) and is required to be Green Points Rated certified.

2.4.5 Demolition, Grading, and Construction
The project demolition, grading, and construction is assumed to take place over eight phases starting in 2027 and ending in 2028. The phasing would include buildings one through eight constructed in the following eight phases (see Figure 2-3, Proposed Site Plan, for building location):
 Phase 1 = Building 1 (2027)
 Phase 2 = Building 2 (2027)
 Phase 3 = Building 5 (2027)
 Phase 4 = Building 3 (2027)

26 City of Cupertino, October 15, 2024, Service Providers, https://www.cupertino.gov/Your-City/City-Directory/Service- Providers, accessed January 2, 2025.
27 City of Cupertino, October 15, 2024, Service Providers, https://www.cupertino.gov/Your-City/City-Directory/Service- Providers, accessed January 2, 2025.
28 Silicon Valley Clean Energy, 2022, It’s All About Choice, https://www.svcleanenergy.org/choices/, accessed January 2, 2025.
 Phase 5 = Building 6 (2028)
 Phase 6 = Building 4 (2028)
 Phase 7 = Building 7 (2028)
 Phase 8 = Building 8 (2028)
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The project applicant proposes to demolish the three existing buildings and remove the existing vegetation and 54 trees on the project site, which would also occur as part of Phase 1.

Demolition and construction work will be conducted between 7:00 a.m. and 8:00 p.m. on weekdays, as provided for in CMC Section 10.48.053, Grading, Construction and Demolition. Demolition and construction is not permitted on weekends or holidays for sites within 750 feet of other residential properties. 29 Demolition debris will be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and Diversion of Construction and Demolition Waste Ordinance. 30 Preliminary grading plans show that there will be approximately 2,150 cubic yards of cut (excavated soil exported from the site) and 4,600 cubic yards of fill (clean soil imported to the site) for a net 2,450 cubic yards of fill to be imported to the project site.

Pursuant to CMC Section 17.04.050(B), the excavated soils would be subject to a City-approved Soil Management Plan (SMP) that outlines procedures for soil handling, soil characterization for offsite disposal or onsite re-use, confirmation sampling and analysis, and importing of clean fill material.31 Typical equipment to be used for demolition and site preparation could include excavators, h ydraulic breakers, skid steer loaders, graders, rubber-tired dozers, scrapers, and off-highway trucks, as well as smaller equipment, such as jackhammers, pneumatic tools, and saws.

No pile driving, rock blasting, or crushing will occur during the construction phase. Typical equipment to be used during construction of the project will include a backhoe, crane, aerial lifts, generator, diesel pump, dumpers, and rolling stock equipment (tracked vehicles, compactors, rollers, pavers, etc.).

During demolition and construction, vehicles, equipment, and materials will be staged and stored on a centrally located portion of the project site when practical. During Phases 1 through 4, construction staging would be located near Stevens Creek Boulevard on the east side of the site. Staging would remain on the east side of the site adjacent to the parking area to the east and would generally remain in this area through Phases 5 through 8 until construction is complete. The construction staging would be reduced in size and equipment needs as the site is built out. The project applicant would be conditioned to restrict any long- term staging of equipment from around the perimeter of the site adjacent to existing residential uses. No staging will occur in the public right-of-way. The construction site and staging areas will be clearly marked, and construction fencing will be installed to prevent disturbance and safety hazards. A combination of on- and off-site parking facilities for construction workers will be identified during demolition, grading, and construction.

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

10.48.053, Grading, Construction and Demolition.
30 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste.
31 Roux Associates Inc., May 2, 2025, Additional Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document). 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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2.4.6 Required Permits and Approvals
Following approval of the CEQA Categorical Exemption, Streamlined Review , and the approval of the proposed project by the City Council, the following discretionary permits and approvals from the City will be required for the proposed project:
 Vesting Tentative Subdivision Map
 Development Permit
 Use Permit
 Architectural and Site Approval Permit
 Tree Removal Permit
 Public Art or in-lieu fee determination
 Park Land Dedication or payment of in-lieu fee determination  Concessions or incentives, waivers or reductions of development standards, and reductions of parking requirements pursuant to the State Density Bonus Law
In addition, permits for demolition, grading, and building, and the certificate of occupancy will be required from the City. Encroachment permits from the City will also be required for any work performed in the public right-of-way.

Other agencies that also have discretionary authority related to the project, such as PG&E , who will authorize the connection/reconnection of electric utilities, San José Water , who will authorize the installation of a water meter connection, and CSD, who will be responsible for authorizing the sanitary sewer line.

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3. Exemption
As stated in Chapter 1, Introduction, of this document, Article 19 of the CEQA Guidelines includes a list of classes (1 through 33) of projects that have been determined not to have a significant effect on the environment and, as a result, are exempt from review under CEQA. This document has been prepared to serve as the basis for compliance with CEQA as it pertains to the proposed project, and to demonstrate that the project qualifies for a CEQA Exemption as an Infill Development Project, consistent with the provisions of CEQA Guidelines Sections 15332 and 15300.2. Specifically, the information provided herein shows that:
 The proposed project qualifies for an exemption under CEQA Guidelines Section 15332 (Class 32: Infill Development Projects) and, as a result, would not have a significant effect on the environment.  No exceptions to the infill exemption, as identified in CEQA Guidelines Section 15300.2, apply to the proposed project.

This chapter is based in part on the following technical studies prepared for the project applicant:
 Live Oak Associates Inc., February 23, 2024, Drive By Survey for the property at the 20840 Stevens Creek Boulevard project site in the City of Cupertino, Santa Clara County, California (see Appendix A, Biological Assessment, of this document).
 Roux Associates Inc., April 19, 2024, Phase I Environmental Site Assessment, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
 Roux Associates Inc., June 4, 2024, Limited Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
 Roux Associates Inc., May 2, 2025, Additional Phase II Investigation, 20830-20850 and 20770 Stevens Creek Boulevard Cupertino, California 95014 (see Appendix B, Environmental Site Assessments, of this document).
 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis (see Appendix C, Transportation Analysis, of this document).  Hort Science Bartlett Consulting, updated December 19, 2024, Preliminary Arborist Report, 20840 Stevens Creek Boulevard Cupertino, CA (see Appendix D, Preliminary Arborist Report, of this document).
 Salter Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise Assessment, of this document).
 Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality Assessment (see Appendix F, Air Quality Assessment, of this document). 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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These technical studies were peer reviewed by PlaceWorks and Baseline Environmental Consulting on behalf of the City of Cupertino.

3.1 CEQA GUIDELINES SECTION 15332(A): GENERAL PLAN AND

ZONING CONSISTENCY
For the reasons stated here, the proposed project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the applicable zoning designations and regulations at the time of project application and therefore meets the criteria for CEQA Guidelines Section 15332(a).

3.1.1 General Plan
As described in Section 2.3, Land Use and Zoning Designations, the project site is designated Commercial/Office/Residential, which allows primarily commercial and /or office uses , secondarily residential uses, or a compatible combination of the t hese uses. There are no express prohibitions on any of these uses. The proposed project will result in the demolition of three existing commercial buildings and construction of 59 residential townhome units. Therefore, implementation of the proposed project will not introduce a new incompatible land use to the proj ect site. The proposed project is within the density allowed for the project site.32 Therefore, the proposed project is consistent with the General Plan land use designation for the project site. In addition, the proposed building height of the project, 45 feet, 10 inches, is considered consistent with the 45-foot height limit allowed for the project site pursuant to CMC Chapter

19.56, Density Bonus, since the project includes the requisite percentage of affordable housing , which allows the project unlimited waivers from development standards.

3.1.2 Zoning
As described in Section 2.3, Land Use and Zoning Designations, the project site’s zoning district at the time of project application is Planned Development with General Commercial with Residential (P(CG,RES)), which allows for residential uses on the property . Therefore, the proposed project will not introduce a new incompatible use and will continue to be consistent with the zoning designation on the project site applicable at the time of project application.

32 A density of 25 units per acre is allowed on the project site, which would allow up to 74.25 units on the 2.97-acre project site. The 59 proposed units are within this allowance.
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3.2 CEQA GUIDELINES SECTION 15332(B): PROJECT LOCATION, SIZE,

AND CONTEXT
For the reasons stated here, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses and therefore meets the criteria of CEQA Guidelines Section 15332(b).

The proposed project is within city limits on an approximately 2.97-acre site. The project site is surrounded by urban uses and paved public streets, including commercial uses, residential uses, a church, a preschool, and a school, as shown on Figure 2-2, Aerial View of the Project Site and Surroundings. The project site is centrally located in the city and within a PDA and TPA. Accordingly, the proposed project meets the criteria of CEQA Guidelines Section 15332(b).

3.3 CEQA GUIDELINES SECTION 15332(C): ENDANGERED, RARE, OR

THREATENED SPECIES
For the reasons stated here, which includes compliance with the standard condition of approval protecting nesting birds and glass and lighting standards to reduce bird mortality from windows, other specific glass features, and certain lighting elements listed herein, the project site has no value for endangered, rare, or threatened species and therefore meets the criteria of CEQA Guidelines Section 15332(c).

The project site and surrounding area are developed with urban uses. Using data from the Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG)33 habitat mapping program, the site is classified as an “urban area.” Property with this classification tends to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and in tensive human disturbance . The California Natural Diversity Database (CNDDB) has no record of special-status plant and animal species on the project site or urbanized areas within a one -mile area surrounding the project site. 34 There are no natural lands within a one-mile area of the project site. For these reasons, the project site has no value as habitat for endangered, rare, or threatened species.

All landscaping on the project site, including the 54 existing trees, will be removed as a part of the proposed project. Migratory birds, which are protected under the Migratory Bird Treaty Act, may use vegetation, including existing trees, on or near the project site for nesting. The project applicant will be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project

33 The CALVEG system was initiated in January 1978 by the Region 5 Ecology Group of the US Forest Service to classify California’s existing vegetation communities for use in statewide resource planning. CALVEG maps use a hierarchical classification on the following categories: forest, woodland, chaparral, shrubs, and herbaceous. 34 California Natural Diversity Database, 2025, CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data, accessed February 14, 2025.
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applicant will be required to comply with CMC Section 17.05.050(D)(1) listed here, which will minimize potential impacts to nesting birds during tree removal and construction:

CMC Section 17.04.050(D)(1) , Avoid Nesting Birds During Construction . For all projects that involve removal of a tree (either protected or unprotected) or other vegetation suitable for nesting birds, or construction or ground -disturbing activities defined in CMC Section 17.04.020, the project applicant shall comply with, and the construction contractor shall indicate the following on all construction plans, when required to ensure the following measures are performed to avoid inadvertent take of bird nests protected under the federal Migratory Bird Treaty Act and California Fish and Game Code when in active use:
a. Demolition, construction, ground -disturbing, and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, construction, ground - disturbing, or tree removal/pruning activities shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from February 1 through August 31. Preconstruction surveys (described below) are not required for construction, ground-disturbing, or tree removal/pruning activities outside the nesting period.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities occur during the nesting season (February 1 through August 31), preconstruction surveys shall be conducted as follows:
i. No more than seven days prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground-disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s ), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows:

1. For projects that require the demolition or construction of one single-family residence, ground--disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner , or a tree removal contractor, if necessary, is permitted to conduct preconstruction surveys to identify if there are any active nests. If any active nests with eggs or young birds are identified, the project applicant shall retain a qualified ornithologist or biologist to identify protective measures. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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2. For any other demolition, construction, and ground-disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys.
c. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground -disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. d. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualif ied ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance , and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active.

A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground-disturbing, or tree removal/pruning activities.

In addition to protecting migratory birds, there are n umerous bat species that are known to be in the Cupertino area, most of which are relatively common and are not considered special -status species. The CNDDB does not show any occurrences of special -status bats within the site vicinity or anywhere in Cupertino but does show records within several miles of Cupertino. 35 The project applicant will be required
to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant will be required to comply with CMC Section 17.05.050(D)(2) listed below, which will minimize potential impacts to roosting bats during tree removal and construction:

35 California Natural Diversity Database, 2025, CNDDB Maps and Data, https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data, accessed February 14, 2025.
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CMC Section 17.04.050(D)(2 ), Avoid Special -Status Roosting Bats During Construction Permit Requirements
a. For all projects that involve demolition, renovation, or re- tenanting of an abandoned or vacant building or structure, where the property owner cannot show evidence to the satisfaction of the City of Cupertino Building Inspector that the building or structure was appropriately sealed at the time the building or structure was vacated to prevent bats from roosting, the project applicant shall retain a qualified biologist to conduct preconstruction surveys of the on-site buildings or structures prior to commencing any demolition, renovation, or re-tenanting activities. A building or structure is not appropriately sealed unless seal holes that are more than 0 .5 inches in diameter or cracks that are 0.25 by 1.5 inches or larger are filled or closed with suitable material, such as caulking, putty, duct tape, self -expanding polyurethane foam, 0.25 -inch mesh hardware cloth, 0.5- inch or smaller welded wire mesh, installing tighter-fitting screen doors, or steel wool. b. The project applicant shall comply with, and the construction contractor shall include in the applicable construction documents, the following to ensure appropriate preconstruction surveys are performed and adequate avoidance provided for any special -status roosting bats, if encountered on the site. Preconstruction surveys shall:
i. Be conducted by a qualified biologist prior to tree removal or building demolition, renovation, or re-tenanting. Note that the preconstruction survey for roosting bats is required at any time of year since there is no defined bat roosting season as there is with nesting birds. ii. Be conducted no more than 14 days prior to the start of tree removal or demolition, renovation, or re-tenanting.
iii. Be repeated at 14-day intervals until construction has been initiated, after which surveys can be stopped, unless construction activities are suspended for more than 7 consecutive days , at which point the surveys shall be reinitiated.
iv. If no special- status bats are found during the survey(s), then no additional measures are warranted.
c. Protective measures shall be included in the applicable construction documents and implemented prior to issuance of permits, if any special -status bat species are encountered or for any roosts detected within the existing structures, where individual bats could be inadvertently trapped and injured or killed during demolition unless passively evicted in advance of construction activities.

Protective measures shall include:
i. If no maternity roosts are detected, adult bats can be flushed out of the structure or tree cavity using a one-way eviction door placed over the exit location for a minimum 48 -hour period prior to the time tree removal or building demolition is to commence. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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ii. Confirmation by the qualified biologist that the one-way eviction door was effective, and that all bats have dispersed from the roost location, modifying any exclusion efforts to ensure individual bats have been successfully evicted in advance of initiating tree removal or building demolition.
iii. If a maternity roost is detected, and young are found roosting in a building identified for demolition, renovation, or re-tenanting, work shall be postponed until the young are flying free and are feeding on their own, as determined by the qualified biologist. iv. Once the qualified biologist has determined that any young bats can successfully function without the maternity roost, then the adults and young bats can be excluded from the structure to be demolished using the one-way eviction methods described above. v. Monitoring shall be provided by the qualified biologist as necessary to determine status of any roosting activity, success of any required bat exclusion, and status of any maternity roosting activity by bats, in the remote instance a maternity roost is encountered on the site.

Furthermore, the proposed applicant will be required to comply with CMC Chapter 19.102, Glass and Lighting Standards, which establishes regulations to reduce bird mortality from windows, other specific glass features, and certain lighting elements that are known to increase the risk of bird collisions. No more than 10 percent of the surface area of the f açade will be untreated glass. The proposed project will avoid the funneling of flight paths along buildings or trees towards a building façade, avoid!use of highly reflective glass or highly transparent glass, and not include skyways or walkways, balconies, freestanding walls, or building corners made of untreated glass or other transparent materials, or any other design elements that are untreated and through which trees, landscape areas, water features , or the sky are visible from the exterior or from one side of the transparent element to the other. All outdoor lighting will be fully shielded fixtures, directed downward to meet the particular need and away from adjacent properties and rights-of- way to avoid light trespass.

Accordingly, the proposed project meets the criteria of CEQA Guidelines Section 15332(c).

3.4 CEQA GUIDELINES SECTION 15332(D): TRAFFIC, NOISE, AIR

QUALITY , OR WATER QUALITY
For the reasons stated here, which includes the standard condition of approval to maintain the commitment to be all electric as described herein, the proposed project will not result in any significant effects related to traffic, noise, air quality, or water quality and therefore meets the criteria of CEQA Guidelines Section 15332(d).
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3.4.1 Traffic
The project site is in the central region of the city along Stevens Creek Boulevard. Regional access to the project site is provided by I-280 via De Anza Boulevard to the north, and by Highway 85 via Stevens Creek Boulevard to the west. Vehicular access to and from the project site on Stevens Creek Boulevard will be provided through two access points, similar to the existing entrance/exit circulation pattern.

The project site will continue to be accessible to pedestrians, bicyclists, and transit users. The site is served by the existing Enhanced Bike Lane on Stevens Creek Boulevard. Public transit to the project site is provided by local municipal bus lines 23, 25, 51, 55, and Rapid 523 operated by the VTA with bus stops less than 0.25 miles to the east near the intersection of Stevens Creek Boulevard and Saich Way.

3.4.1.1 CONSISTENCY WITH CIRCULATION SYSTEM PROGRAMS AND PLANS Plan Bay Area is the Bay Area’s Regional Transportation Plan (RTP) and Sustainable Community Strategy (SCS) that identifies the sustainable vision for the Bay Area. An overarching goal of the regional plan is to concentrate development in areas where there are existing services and infrastructure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve VMT reductions. The proposed project is an infill development project within a Santa Clara VTA City Cores, Corridors, and Station Areas PDA36 and within a TPA 37 that will result in a change in land use from commercial to residential in a portion of the city that has access to existing infrastructure and services.

Therefore, the proposed project will not conflict with the Plan Bay Area.

Pedestrian, bicycle, and public transit access to and from the project site will not change from existing conditions. The proposed project will not increase the population at the project site such that it would result in a large number of vehicular trips (i.e., the existing commercial uses generate 216 net daily trips and the proposed project will generate approximately 209 net new daily trips to the project site) 38 and will not otherwise decrease the performance or safety of such pedestrian, bicycle, or public transit facilities or cause a substantial increase in transit demand that cannot be accommodated by existing or proposed transit capacity or alternative travel modes. Therefore, the proposed project will not result in changes to the City’s transportation and circulation system that could conflict with adopted policies, plans, or programs regarding transit, bicycle, or pedestrian facilities.

36 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Priority Development Areas (Plan Bay Area 2050), https://opendata.mtc.ca.gov/datasets/priority-development-areas-plan-bay-area- 2050, accessed December 27, 2024.
37 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5, accessed December 27, 2024.
38 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis (see Appendix C, Transportation Analysis, of this document). 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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3.4.1.2 VEHICLE-MILES TRAVELED
The Governor’s Office of Land Use and Climate Innovation’s (formerly the Office of Planning and Research) Technical Advisory On Evaluating Transportation Impacts in CEQA, 39 and the City’s White Paper SB 743 Implementation Decisions for the City of Cupertino, 40 provides guidance on evaluating transportation impacts for redevelopment projects on infill sites and projects that are consistent with the RTP/SCS.

According to these guiding documents, a project that generates less than 110 daily trips may be assumed to cause a less-than-significant transportation impact.

On February 16, 2021, the City adopted CMC Chapter 17.08, Evaluation of Transportation Impacts Under the California Environmental Quality Act, which provides screening criteria and VMT thresholds for land use development projects, transportation projects, and other projects pursuant to CEQA. Under CMC Chapter

17.08, a project would be screened out from more detailed VMT analysis if the project is consistent with applicable General Plan policies and supported by substantial evidence demonstrating cumulative VMT is declining. Project screening may be used for projects that meet one or more of the following criteria:
 Projects within 0.25-mile walking distance of a high-quality transit corridor or major transit stop as defined by CEQA.
 Local-serving retail projects of up to 50,000 square feet.  Land use projects consisting of 100 percent affordable housing.

The closest bus stop to the project site is approximately 0.06 miles (300 feet) away, on the east side of Siach Way on Stevenson Boulevard. The nearest major transit stop is located 0.10 miles (537 feet) away, on the east side of South Stelling Road which provides stops with a bus frequency service interval of 15 to 20 minutes during the peak weekday commute periods along VTA bus route 23 and Rapid Transit 523. As previously described in Section 3.4.1.1, Consistency with Circulation System Programs and Plans, the project site is within a TPA.
41 Under the Plan Bay Area 2050 strategies, just under half of all Bay Area households would live within one-half mile of frequent transit by 2050, with this share increasing to over 70 percent for households with low incomes. Transportation and environmental strategies that support active and shared modes, combined with a transit-supportive land use pattern, are forecasted to lower the share of Bay Area residents that drive to work alone from over 50 percent in 2015 to 36 percent in 2050. Accordingly, development in a TPA demonstrates a cumulative decline of VMT in the city and region. Pursuant to the

39 Governor’s Office of Land Use and Climate Innovation (formerly the Office of Planning and Research), December 2018, Technical Advisory On Evaluating Transportation Impacts in CEQA. 40 City of Cupertino, February 2021, White Paper SB 743 Implementation Decisions for the City of Cupertino, Appendix E, Small Project Screening for SB 743.
41 Association of Bay Area Governments and Metropolitan Transportation Commission, updated March 22, 2023, Transit Priority Areas (2021), https://www.arcgis.com/apps/mapviewer/index.html?layers=370de9dc4d65402d992a769bf6ac8ef5, accessed December 27, 2024.
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City’s Project Activity Map,42 the City is processing multiple applications for housing in the TPA. Therefore, these projects, along with the proposed project , demonstrate a cumulative decline in VMT. Furthermore, the proposed project meets the City’s VMT screening criteria of being within 0.25 miles of a major transit stop43 and declining cumulative VMT, and no VMT-related impacts would occur .

3.4.1.3 DESIGN FEATURE OR INCOMPATIBLE USE HAZARDS
The proposed internal roadways will be constructed to be 24 to 26 feet wide and the proposed driveways to be approximately 26 feet wide, which is consistent with the CMC roadway standards. Since the increase of the number of vehicle trips resulting from th e proposed project will be minor, the proposed driveways are expected to operate acceptably during both peak hours. The speed limit along Stevens Creek Boulevard is 35 miles per hour (mph), for which the California Department of Transportation recommends a stopping sight distance of 300 feet. The proposed project will not include landscaping or signage along the project site frontage and entrances that will interfere with the corner triangles at the proposed driveways. There is no parking allowed along Stevens Creek Boulevard and there are no curves in the roadway that will affect sight distance.44 Therefore, no significant hazards in the area will occur during operation.

During the construction period, the proposed project will result in temporary changes to existing transportation conditions. Temporary traffic will be generated by construction employees and construction activities, including haul trucks. As discussed in Section 2.4.5, Demolition, Grading, and Construction, during demolition and construction, vehicle, equipment, and materials will be staged and stored on a portion of the project site. The construction site and staging areas will be clearly marked, and construction fencing will be installed to prevent disturbance and safety hazards. Therefore, no significant hazards in the area will occur during the construction phase.

42 City of Cupertino, Major Projects, https://www.cupertino.gov/Your-City/Departments/Community- Development/Planning/Major-Projects.
43 Public Resources Code Section 21064.3 states that a major transit stop is a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. Note that Section 21064.3 was amended in 2024 and the change from 15 to 20 minutes went into effect on January 1, 2025; however, the Cupertino Municipal Code Section 17.08.010, Definitions, includes the now outdated standard of 15 minutes. 44 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis (see Appendix C, Transportation Analysis, of this document). 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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3.4.1.4 EMERGENCY ACCESS
The proposed project will not alter the existing circulation pattern on Stevens Creek Boulevard. The proposed internal roadways will be constructed to 24 to 26 feet wide, consistent with the CMC, and will provide emergency vehicles with sufficient space to access each of the residential units on-site.45 Therefore, the proposed project will not result in inadequate emergency access.

3.4.2 Noise
Pursuant to the CEQA Statute (Public Resources Code) Section 21085, for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment. Accordingly, this section evaluates the noise from construction equipment, buildings, and vehicles.

The noise environment in the project vicinity is primarily characterized by vehicular traffic along Stevens Creek Boulevard to the north of the project site. Operations and activities from adjacent commercial, institutional, and residential uses also contribute to the existing noise environment in the project vicinity.

The closest existing noise-sensitive receptors to the project site are the adjacent single-family residences to the south and the adjacent preschool building to the west.

3.4.2.1 AMBIENT NOISE LEVELS
Construction Impacts
As described in Section 2.4.5, Demolition, Grading, and Construction, construction activities will include the use of heavy equipment for demolition, grading, and construction and smaller equipment for construction, through completion of buildings and landscaping. Heavy trucks will travel to, from, and within the site hauling soil, equipment, and building materials. The noise associated with these activities could be generated over the entire project site.

Demolition debris, including soil, will be off-hauled for disposal in accordance with the City of Cupertino’s Recycling and Diversion of Construction and Demolition Waste Ordinance.46

45 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis (see Appendix C, Transportation Analysis, of this document). 46 Cupertino Municipal Code, Title 16, Building and Construction, Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste.
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As described in CMC Section 10.48.053, construction and demolition activities are exempt for the daytime noise standard of 60 dBA provided construction noise does not exceed 80 A-weighted decibels (dBA) at the receptor’s receiving property line or no individual piece of construction equipment exceeds 87 dBA at 25 feet. Only one of these standards is required to be met. Based on the noise levels shown in Table 3-1, Construction Equipment Noise Levels, most construction equipment is expected to meet 80 dB. However, some types of equipment are expected to produce sound greater than 87 dBA at 25 feet.

TABLE 3-1 CONSTRUCTION EQUIPMENT NOISE LEVELS
Equipment Reference Sound Level at 25 feet (dB)
Air Compressors 87
Cement and Mortar Mixers 91
Concrete/Industrial Saws 82
Excavators 76
Forklifts 89
Generator Sets 87
Graders 78
Paving Equipment 80
Rollers 85
Scrapers 86
Tractors/Loaders/Backhoes 81
Welders 79
Source: Salter, Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise Assessment, of this document).

As shown in Table 3-1, these include the cement mixers and forklifts, which will need to maintain a minimum distance of 30 feet and 20 feet, respectively, from all property lines to meet the criterion of 80 dB. These distances account for the acoustical shielding provided by the 9 - to 10-foot-tall masonry walls along the west and south property lines between the project and adjacent development.

CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant will be required to comply with CMC Sections 17.04.050(G)(1) and 17.04.050(G)(2) listed here, which will minimize impacts related to construction noise:

CMC Section 17.04.050(G)(1), Notice and Signage. At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, because the project site is between 0.25 to 0.5 acres, the project applicant shall send notices shall be sent to off-site businesses and residents within 250 feet of the project site. The notification shall include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period’s overall du ration. The notification should include the telephone numbers of the contractor’s authorized representatives that 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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are assigned to respond in the event of a noise or vibration complaint. The project applicant shall provide the City with evidence of mailing of the notice, upon request. Additionally, the at least 10 days prior to the start of construction activities, a s ign shall be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the action to the City within three business days of receiving the complaint.

CMC Section 17.04.050(G)(2), Manage Noise During Construction. a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on -site Construction Manager . Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstra te that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase. c. Signs will be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes. d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back -up alarms, whic h automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law.

The proposed project will be required to identify and implement noise-reduction measures for the cement mixers and forklifts pursuant to CMC Section 17.04.050(G)(2) to reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. Therefore, the proposed project will not increase 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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ambient noise levels in the vicinity of the project in excess of standards established in the CMC during the construction phase.

Operational Impact
The proposed project will include air-conditioning (AC) units located at-grade, adjacent to the residences to the south of the project site. This analysis conservatively assumes a cluster of AC units operating simultaneously in closest proximity to the west, south, and east property lines. Table 3-2, Noise Levels at Property Lines, shows the calculated noise levels generated by the proposed project at the property lines.

TABLE 3-2 NOISE LEVELS AT PROPERTY LINES
Noise Level at Property Line
Nonresidential
(East)
Residential
(South)
Nonresidential
(West)
Project-Generated 54 dB 41 dB 54 dB
Daytime Maximum Threshold (7:00 a.m. to 8:00 p.m.) 65 dB 60 dB 65 dB Nighttime Maximum Threshold (8:00 p.m. to 7:00 a.m.) 55 dB 50 dB 55 dB Exceed Thresholds? No No No
Source: Salter Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise Assessment , of this document).

As indicated in Table 3-2, predicted noise levels will not exceed the daytime and nighttime maximum noise levels outlined in CMC Section 10.48.040, Daytime and Nighttime Maximum Noise Levels. Prior to issuance of building permits for noise-generating equipment, including AC units, the City will evaluate plans to ensure that the equipment meets the City’s maximum noise levels, as outlined in CMC Section 10.48.040.

Therefore, the proposed project will not increase ambient noise levels in the vicinity of the project in excess of standards established in the CMC during the operational phase.

Furthermore, the proposed project is estimated to generate 209 net new trips to the project site. 47 The addition of 209 net new vehicle trips is calculated to generate an increase of 2 decibels (dB) on Stevens Creek Boulevard.48 However, the existing noise level from traffic on Stevens Creek Boulevard is 70 dB. This existing noise level is high enough that the project-generated traffic noise increase will not affect the overall noise level of Stevens Creek Boulevard traffic. Therefore, compared to the thousands of existing daily trips along Stevens Creek Boulevard , the vehicle trips generated by the proposed project will not result in a significant traffic noise increase.

47 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis (see Appendix C, Transportation Analysis, of this document). 48 Salter Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E, Noise Assessment, of this document).
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3.4.2.2 GROUNDBORNE VIBRATION
As previously stated, the closest existing sensitive receptors to the project site are the adjacent single-family residences to the south of the project site and the adjacent preschool building to the west. Because the closest single-family residences are approximately 15 feet from the shared southern property line, this discussion is based on impacts at this location. As described in Section 2.4.5, Demolition, Grading, and Construction, project construction might include activities such as the use of a backhoe, a crane, aerial lifts, a generator, a diesel pump, dumpers, and rolling stock equipment (tracked vehicles, compactors, rollers, pavers, etc.). Typical construction vibration levels at 25 feet are listed in Table 3-3, Construction Equipment Vibration Levels. Estimated levels at the nearest adjacent structures (new residential structures and commercial buildings approximately 15 feet from the property line) are also shown.

TABLE 3-3 CONSTRUCTION EQUIPMENT VIBRATION LEVELS
Equipment PPV at 25 feet (in/sec) PPV at 15 feet (in/sec) a Vibratory Roller 0.21 0.4518
Hydraulic Breaker 0.089 to 0.24 0.1915 to 0.5164
Large Bulldozer 0.089 0.1915
Loaded Trucks 0.076 0.1635
Excavator 0.089 0.1915
Jackhammer 0.035 0.0753
Small Bulldozer 0.003 0.0065
Crane, Forklift, Bobcat No significant vibration
Note:
a. Using a value of n = 1.5 per Federal Transit Administration recommendation, where “n” is the attenuation rate through the ground.

Source: Salter, Inc., February 13, 2025, 20840 Stevens Creek Boulevard Environmental Noise Assessment (see Appendix E , Noise Assessment, of this document).

Based on the vibration levels show n in Table 3-3, most construction equipment is expected to meet the structural damage criteria of 0.50 peak particle velocity (PPV) for residential structures. If hydraulic breakers are required for project construction, it might result in vibration level exceedances at close distances to nearby structures. However, this type of equipment would not exceed the criterion of 0.50 PPV if a minimum distance of 15 feet from all property lines is maintained at all times while in use at the project site.

CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant will be required to comply with CMC Section 17.04.050(G)(3), which will minimize impacts related to construction vibration:
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CMC Section 17.04.050(G)(3) , Manage Vibrations During Construction. In the event pile driving is required, the project applicant shall:
a. Notify all vibration-sensitive receptors within 300 feet of the project site of the schedule 10 days prior to its commencement and include the contact information for the person responsible for responding to complaints on site.
b. The project applicant shall retain a qualified acoustical consultant or structural engineer, to prepare and implement a Construction Vibration Monitoring Plan, which is subject to third -party peer review under the direction of the City at the applicant’s c ost, for areas within 100 feet for pile driving, 25 feet for vibratory roller, or 15 feet for other heavy equipment (e.g., bulldozer); and for historical structures: within 135 feet for pile driving, 40 feet for vibratory roller, or 20 feet for other heavy equipment. The plan shall include surveying the condition of existing structures; and determining the number, type, and location of vibration sensors and establish a vibration velocity limit (as determined based on a detailed review of the proposed building), method (including locations and instrumentation) for monitoring vibrations during construction, location of notices displaying the contact information for on-site coordination and complaints on site, and method for alerting responsible persons who have the authority to halt construction should limits be exceeded or damaged observed.
c. Submit final monitoring reports to the City upon completion of vibration related construction activities.
d. Conduct a post-survey on any structure where either monitoring has indicated high vibration levels or complaints that damage has occurred are received.
e. The project applicant shall be responsible for appropriate repairs as determined by the qualified acoustical consultant or structural engineer where damage has occurred as a result of construction activities.

The proposed project will be required to prepare a Construction and Vibration Monitoring Plan pursuant to CMC Section 17.04.050(G)(3) by a qualified acoustical consultant, which would ensure that no damage due to vibration from construction equipment would occur. Therefore, the proposed project will not result in an increase in excessive ground-borne vibration.

3.4.2.3 AIRPORT NOISE
Because the project site is not within two miles of a private or public use airport, which is the standard for assessing noise impacts under CEQA, the proposed project will not result in the exposure of people residing or working in the project area to excessive noise levels associated with the proximity of an airport. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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3.4.3 Air Quality
The proposed project is in the San Francisco Bay Area Air Basin (Air Basin) under the jurisdiction of the Bay Area Air District (Air District), formerly known as the Bay Area Air Quality Management District (BAAQMD), which regulates air quality in the San Francisco Bay Area. Within the Air Basin, ambient air quality standards for ozone, carbon monoxide (CO), nitrogen dioxide (NO 2), sulfur dioxide (SO 2), particulate matter (PM 10, PM2.5), and lead (Pb) have been set by both the State of California and the fed eral government. The State has also set standards for sulfate and visibility. The Air Basin is under State nonattainment status for ozone and particulate matter (both PM10 and PM2.5) standards. The Air Basin is classified as nonattainment for the federal ozone 8-hour standard and nonattainment for the federal 24-hour standard for fine particulate matter of 2.5 microns or less in diameter (PM2.5).49
As previously stated, the closest existing sensitive receptors to the project site are at the adjacent single - family residences to the south and the adjacent preschool building to the west. There are additional sensitive receptors at further distances surrounding the site, including William Faria Elementary School to the southwest.

3.4.3.1 CONSISTENCY WITH APPLICABLE AIR QUALITY PLANS
The applicable air quality plan is the Air District’s 2017 Clean Air Plan/Regional Climate Protection Strategy, which was adopted on April 19, 2017. The 2017 Clean Air Plan/Regional Climate Protection Strategy serves as a roadmap for the Air District to reduce air pollution and protect public health and the global climate.

The 2017 Clean Air Plan also includes measures and programs to reduce emissions of fine particulates and toxic air contaminants. Additionally , the Regional Climate Protection Strategy identifies potential rules, control measures, and strategies that the Air District can pursue to reduce greenhouse gases (GHGs) throughout the Bay Area.

Consistency with the 2017 Clean Air Plan is determined by whether or not the proposed project will result in significant and unavoidable air quality impacts or hinder implementation of control measures (e.g., excessive parking or preclude extension of a transit lane or bicycle path). As indicated in the analysis that follows, the proposed project will not result in significant operational and construction-period emissions.

Therefore, the proposed project supports the goals of the Clean Air Plan and will not conflict with any of the control measures identified in the Clean Air Plan as designed to bring the region into attainment.

Additionally, the proposed project is an infill development project that will increase housing within a TPA.

Therefore, the proposed project will not hinder or disrupt the implementation of any control measures from the Clean Air Plan.

49 Bay Area Air District, Air Quality Standards and Attainment Status,” https://www.baaqmd.gov/about-air-quality/research- and-data/air-quality-standards-and-attainment-status, accessed February 12, 2025. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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3.4.3.2 CUMULATIVELY CONSIDERABLE NET INCREASE CRITERIA POLLUTANT As described previously , t he Air Basin is currently designated a nonattainment area for California and National O 3, California and National PM 2.5, and California PM 10 air quality standards . Any project that produces a significant project-level regional air quality impact in an area that is in nonattainment adds to the cumulative impact. Due to the extent of the area potentially impacted by cumulative- plus-project emissions (the Air Basin), a project is cumulatively significant when project-related emissions exceed the Air District’s emissions thresholds.

The Air District has identified thresholds of significance for criteria pollutant emissions and criteria air pollutant precursors, including reactive organic gas ( ROG), NO x, PM10, and PM 2.5. Development projects below the significance thresholds would not generate sufficient criteria pollutant emissions to violate any air quality standard or contribute substantially to an existing or projected air quality violation.

Construction Impacts
Construction activities produce combustion emissions from various sources, such as on -site heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew. Site preparation activities produce fugitive dust emissions (PM 10 and PM 2.5) from
demolition and soil-disturbing activities, such as grading and excavation. Air pollutant emissions from construction activities on-site will vary daily as construction activity levels change. Construct ion activities associated with the proposed project will result in emissions of ROG, NO x, PM10, and fine PM2.5.

CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant will be required to comply with CMC Section 17.04.050( A)(1) as listed here, which will minimize impacts from fugitive dust during construction:

CMC Section 17.04.050(A)(1), Control Fugitive Dust During Construction. Projects shall implement the Bay Area Air Quality Management District Basic Control Measures included in the latest version of BAAQMD’s CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particu late matter, PM

2.5 and PM10) during demolition, ground -disturbing activities, and/or construction. The project applicant shall include these measures in the applicable construction documents, prior to issuance of the first permit.

The Air District considers all impacts related to fugitive dust emissions from construction to be less than significant with implementation of the Air District’s best management practices . The current best management practices that are required to be implemented by the project applicant are listed herein:
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 All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 miles per hour .  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.  Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.  Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). C lear signage shall be provided for construction workers at all access points.
 All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
 A publicly visible sign shall be posted with the telephone number and person to contact at the City of Cupertino regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number shall also be visible to ensure compliance with applicable regulations.

In addition, as discussed in Section 2.4.5, Demolition, Grading, and Construction, the proposed project will be conditioned to prepare and implement an SMP pursuant to CMC Section 17.04.050(B) that outlines procedures for soil handling, soil characterization for offsite disposal or onsite re-use, confirmation sampling and analysis, and importing of clean fill material.

Table 3-4, Construction Emissions, shows the average daily construction emissions of ROG, NO X, PM 10 exhaust, and PM2.5 exhaust during construction of the proposed project.

TABLE 3-4 CONSTRUCTION EMISSIONS
ROG NOX PM10 Exhaust PM2.5 Exhaust
Total Construction Emissions (tons) 1.13 1.02 0.01 0.01 Average Daily Construction Emissions (pounds/day) 5.42 4.92 0.04 0.04 Air District Thresholds (pounds/day) 54 54 82 54
Exceeds Threshold? No No No No
Note: Modeling assumes compliance with CMC Section 17.04.050(A)(1), Control Fugitive Dust During Construction.

Source: Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality Assessment (see Appendix F , Air Quality Assessment, of this document).
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As indicated in Table 3-4, predicted average project construction emissions will not exceed the Air District’s significance thresholds. Therefore, the proposed project will not result in cumulatively considerable net increase of criteria air pollutants during the construction phase.

Operational Impacts
Typical long-term air pollutant emissions are generated by area sources (e.g., landscape fuel use, aerosols, architectural coatings, and asphalt pavement), energy use (natural gas), and mobile sources (i.e., on -road vehicles). Types of land uses that typically generate substantial quantities of criteria air pollutants and toxic air contaminants include industrial (stationary sources), manufacturing, and warehousing (truck idling) land uses. These types of major air pollutant emissions sources are not included as part of the proposed project.

As described in Section 2.4.4.5, Other Utilities , t he project applicant has voluntarily committed to the project being fully electric, which will also be a condition of approval, and will not include stationary sources that emit toxic air contaminants or generate a significant amount of heavy -duty truck trips (a source of diesel particulate matter).

Table 3-5, Operational Emissions, shows average daily emissions of ROG, NO X, total PM10, and total PM2.5 during operation of the project.

TABLE 3-5 OPERATIONAL EMISSIONS
ROG NOX PM10 Exhaust PM2.5 Exhaust
Annual Project Operational Emissions (tons/year) 0.94 0.18 0.43 0.11 Existing Use Emissions (tons/year) 0.29 0.14 0.27 0.07
Net Operational Emissions (tons/year) 0.65 0.04 0.16 0.04 Air District Thresholds (tons/year) 10 10 15 10
Exceeds Threshold? No No No No
Daily Project Operational Emissions (pounds/day) 3.57 0.23 0.91 0.23 Air District Thresholds (pounds/day) 54 54 82 54
Exceeds Threshold? No No No No
Note: For modeling purposes, it was assumed that the emergency generator, estimated to be powered by 100 horsepower (HP) diesel engine, will be operated for testing and maintenance purposes.

Source: Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality Assessment (see Appendix F , Air Quality Assessment, of this document).

As indicated in Table 3 -5, operational emissions will not exceed the Air District’s significance thresholds.

Therefore, the proposed project will not result in cumulatively considerable net increase of criteria air pollutants during the construction phase.
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Carbon Monoxide Hotspots
Areas of vehicle congestion have the potential to create pockets of CO, called hotspots. These pockets have the potential to exceed the State’s 1-hour standard of 20 parts per million (ppm) or the 8-hour standard of 9 ppm.

Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour —or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited —to generate a significant CO impact. The proposed project will result in 209 net new daily vehicle trips. 50 Thus, the proposed project will not increase traffic volumes at affected intersections by more than 44,000 vehicles per hour or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited. 51 The proposed project will not have the potential to substantially increase CO hotspots at intersections in the project vicinity. Therefore, the proposed project will not increase CO concentration at intersections.

3.4.3.3 SENSITIVE RECEPTORS
Project impacts related to increased health risk can occur by generating emissions of TACs and air pollutants.

Construction activity under the proposed project will generate dust and equipment exhaust that can affect nearby sensitive receptors. The proposed project will include a stationary source of air pollutants and TACs in the form of an emergency generator and will also generate some traffic consisting of mostly light -duty gasoline-powered vehicles, which will produce TAC and air pollutant emissions.

CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant will be required to comply with CMC Section 17.04.050( A)(2), which will minimize impacts from construction exhaust:

CMC Section 17.04.050(A)(2), Control Construction Exhaust. Projects that disturb more than one -acre and are more than two months in duration, shall implement the following measures and the project applicant shall include them in the applicable construction document, prior to issuance of the first permit:
a. Utilize off-road diesel- powered construction equipment that is rated by the U.S. Environmental Protection Agency (EPA) as Tier 4 or higher for equipment more than 25 horsepower . Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Tier 4 interim emissions standard for a similarly sized engine, as defined by the California Air Resources Board’s (CARB) regulations. Applicable construction documents shall

50 Hexagon Transportation Consultants Inc., September 26, 2024, 20840 Stevens Creek Boulevard Transportation Analysis (see Appendix C, Transportation Analysis, of this document). 51 Bay Area Air District, revised 2011, California Environmental Quality Act Air Quality Guidelines. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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clearly show the selected emission reduction strategy for construction equipment over 25 horsepower .
b. Ensure that the construction contractor shall maintain a list of all operating equipment in use on the project site for verification by the City. The construction equipment list shall state the makes, models, and number of construction equipment on-site.
c. Ensure that all equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations.

Health risk impacts were addressed by predicting increased cancer risk, the increase in annual PM

2.5 concentrations, and by computing the Hazard Index for noncancer health risks . The project ’s maximally exposed individual (MEI) is identified as the sensitive receptor that is most impacted by the project’s construction and operation. The cancer risk MEI is on the first floor of the single-family home southeast of the project site and the annual PM2.5 MEI is at the adjacent preschool west of the project site.

Table 3-6, Health Risk Impacts to MEIs, summarizes the maximum cancer risks, PM 2.5 concentrations, and health Hazard Index for project-related activities. Note that much of the health risk impacts are from construction. Table 3-6 also shows cumulative health risk impacts52 at the sensitive receptors most affected by construction (i.e., the MEIs).

TABLE 3-6 HEALTH RISK IMPACTS TO MEIS

Cancer Risk
(per million) a
Annual PM2.5
(μg/m3) a Hazard Index
Project Maximum Residential Impacts – Maximum Cancer Risk Impact Project Construction 2.72 (infant) 0.07 <0.01
Project Operation (Emergency Generator) 0.12 <0.01 <0.01 Total/Maximum Project Impact 2.84 0.07 <0.01
Air District Recommended Threshold >10.0 >0.3 >1.0
Exceeds Threshold? No No No
Project Maximum Preschool (Ages 2-5) Impacts – Maximum Annual PM2.5 Concentration Impact Project Construction 0.46 (child) 0.11 <0.01
Project Operation (Emergency Generator) 0.01 <0.01 <0.01 Total/Maximum Project Impact 0.47 0.11 <0.01
Air District Recommended Threshold >10.0 >0.3 >1.0
Exceeds Threshold? No No No

52 Cumulative health risk assessments look at all substantial sources of TACs located within 1,000 feet of a project site (i.e., influence area) that can affect sensitive receptors. These sources include rail lines, highways, busy surface streets, and stationary sources identified by the Air District.
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TABLE 3-6 HEALTH RISK IMPACTS TO MEIS

Cancer Risk
(per million) a
Annual PM2.5
(μg/m3) a Hazard Index
Cumulative Impacts
Stevens Creek Boulevard, Average Daily Trips 20,502 0.54 0.08 <0.01 Stelling Road, Average Daily Trips 14,912 0.17 0.02 <0.01 Target Store T-0323 (Facility ID #17616, Generator),
MEIs at 875 feet <0.01 - -
De Anza Shell (Facility ID #107071-1-1, Gas
Dispensing Facility), MEIs at 700 feet 1.33 - 0.07
Cumulative Total <4.89 0.21 <0.10
Air District Recommended Threshold 100 0.8 10.0
Exceeds Threshold? No No No
Note: Modeling assumes compliance with CMC Section 17.04.050(A)(1), Control Fugitive Dust During Construction , and CMC Section 17.04.050(A)(2), Control Construction Exhaust.
a. The maximum cancer risk and PM2.5 concentrations occur at different locations and receptor types.

Source: Illingworth & Rodkin Inc., revised February 6, 2025, 20840 Stevens Creek Boulevard Air Quality Assessment (see Appendix F , Air Quality Assessment, of this document).

As shown in Table 3-6, the cancer risk, annual PM 2.5 concentration, and Hazard Index do not exceed their respective Air District single- or cumulative-source significance thresholds. Therefore, the proposed project will not expose sensitive receptors to substantial pollutant concentrations.

3.4.3.4 ODORS
During project construction, some odors may be created due to diesel exhaust. However, these odors will be temporary and limited to the construction period. The proposed project will not include any activities or operations that will generate objectionable odors and once operational, the project will not be a source of odors. Therefore, the proposed project will not create objectionable odors affecting a substantial number of people.

3.4.3.5 GREENHOUSE GAS EMISSIONS
A project does not generate enough GHG emissions on its own to influence global climate change; therefore, this section measures the proposed project contribution to the cumulative environmental impact associated with GHG emissions. Development of the proposed project will contribute to climate change through direct and indirect GHG emissions from the construction activities needed to implement the proposed project, which will generate a short-term increase in GHG emissions. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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Construction Impacts
The Air District does not have thresholds of significance for construction-related GHG emissions, which are one-time, short-term emissions and therefore will not significantly contribute to the long-term cumulative GHG emission impacts of the proposed project. Implementation of the Air District’s basic construction best management practices required pursuant to CMC Section 17.04.050(A)(1) will reduce GHG emissions by reducing the amount of construction vehicle idling and by requiring the use of properly mai ntained equipment. Therefore, project construction impacts associated with GHG emissions will be reduced to the extent feasible, as required by the Air District.

Operational Impacts
The proposed project will generate a net increase of 209 daily weekday trips compared to existing on-site land uses. Because transportation emissions will generate the majority of GHG emissions associated with the proposed project, this net increase in daily trips will not substantially increase GHG emissions in the city.

Additionally, the new buildings will be more energy efficient than the existing structures and will be built to achieve the latest Title 24 Building and Energy-Efficiency Standards.

The Air District has the following thresholds for land use projects in analyzing GHG emissions impacts; projects must include conditions listed under either Criterion A or B:

A. Projects must include, at a minimum, the follow project design elements:

1. Buildings
a. The project will not include natural gas appliances or natural gas plumbing (in both residential and nonresidential development).
b. The project will not result in any wasteful, inefficient, or unnecessary energy usage as determined by the analysis required under CEQA Section 21100(b)(3) and Section 15126.2(b) of the State CEQA Guidelines.

2. Transportation
a. Achieve a reduction in project-generated vehicle miles traveled (VMT) below the regional average consistent with the current version of the California Climate Change Scoping Plan (currently 15 percent) or meet a locally adopted Senate Bill 743 VMT target, reflecting the recommendations provided in the Governor’s Office of Land Use and Climate Innovation's Technical Advisory on Evaluating Transportation Impacts in CEQA:
i. Residential projects: 15 percent below the existing VMT per capita ii. Office projects: 15 percent below the existing VMT per employee iii. Retail projects: no net increase in existing VMT
b. Achieve compliance with off -street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2.
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B. Projects must be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).

As described herein , the proposed project will meet the conditions listed under Criterion B, for being consistent with a local ly adopted GHG reduction strategy. In addition, it will not include natural gas appliances or plumbing, or result in any wasteful, inefficient, or unnecessary energy usage, as previously explained. Other applicable plans adopted for the purpose of reducing GHG emissions include the California Air Resources Board’s (CARB) Scoping Plan and Plan Bay Area 2050. A consistency analysis with these plans is also presented herein.

Cupertino Climate Action Plan
The Cupertino Climate Action Plan 2.0 (CAP 2.0) is a strategic planning document that identifies sources of GHG emissions in the city’s boundaries, presents current and future emissions estimates, identifies a GHG reduction target for future years, and presents strategic goals, measures, and actions to reduce emissions from the energy, transportation, land use, water, solid waste, and green infrastructure sectors.

A specific project proposal is considered consistent with the Cupertino CAP 2.0 if it does not conflict with the required GHG reduction measures contained in the adopted CAP . Project consistency with the adopted GHG reduction measures is shown in Table 3-7, Cupertino Climate Action Plan Consistency Matrix.

TABLE 3-7 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
Measure BE-1 Reduce non -SVCE usage rate to 2
percent for residential and 10 percent for
commercial by 2030 and maintain through 2040.

Consistent. As described in Chapter 2, Project Description, the proposed project will comply with the current California Building and Energy Efficiency Standards to reduce energy consumptions.

Measure BE-4 Require new residential and
commercial development to be all-electric at time of
construction.

Consistent. As described in Chapter 2, Project Description, the proposed project will be fully electric.

Measure TR-1 Develop and implement an Active
Transportation Plan to achieve 15 percent of active
transportation mode share by 2030 and 23 percent
by 2040.

Consistent. The City is the responsible party for this measure. As described in Chapter 2, Project Description, while the proposed project does not propose any new bicycle lanes or routes, the site is accessible from the existing Enhanced Bike Lane on Stevens Creek Boulevard. As such, the proposed project will not conflict with the City’s 2016 Bicycle Transportation Plan. Pedestrians will also have access to the site via the existing sidewalks that will connect to the pedestrian network surrounding the project site. Therefore, the proposed project will promote and will not obstruct these alternative modes of transportation. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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TABLE 3-7 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
Measure TR-2 Implement public and shared transit
programs to achieve 29 percent of public transit
mode share by 2030 and maintain through 2040.

Consistent. The City is the party responsible for this measure. The closest bus stop to the project site is approximately 0.06 miles (3 17 feet) away, on the east side of Siach Way on Stevenson Boulevard, and is served by VTA bus routes 23, 25, 51, 55, and Rapid Transit 523.

Measure TR-3 Increase zero -emission vehicle (ZEV)
adoption to 35 percent for passenger vehicles and 20
percent for commercial vehicles by 2030 and 100
percent for all vehicles by 2040.

Consistent. The proposed project will result in an increase in land use intensity in a portion of the city that has access to existing transportation infrastructure and services, including the VTA bus routes 23, 25, 51, 55, and Rapid Transit 523. To encourage transition to electric vehicles ( EVs), the proposed project will be required to install EV charging stations pursuant to the City’s code. The proposed project will be conditioned by the City to install six Level 2 EV Ready Circuits and six Level 1 EV Ready Circuits, one of each in each of the townhome units, and therefore will be consistent with this standard to increase this to the minimum of EV - capable charging spaces to comply with the voluntary Tier 2 standards of CALGreen, as required by the Air District.

Measure W-1 Implement SB 1383 requirements and
reduce communitywide landfilled organics 75
percent by 2025 and inorganic waste 35 percent by
2030 and reduce all waste 90 percent by 2040.

Consistent. The City is the party responsible for implementing this measure. As described in Chapter 2, Project Description , the proposed project will include compost and green waste disposal services through the City’s contracts with Recology South Bay. The proposed project will not conflict with implementation of this measure.

Measure W-2 Reduce overall waste disposed to
garbage, recycling, and compost per capita by 15
percent by 2035.

Measure W-3 Meet or exceed the SB 1383 recycled
organics products procurement requirements and
sequester or avoid at least 0.018 MT CO2e per person
by through 2045.

Measure WW-2 Reduce per capita water
consumption 15 percent compared to 2019 levels by
2030 and maintain through 2040

Consistent. The proposed project will comply with Senate Bill ( SB) X7-7, which requires California to achieve a 20 percent reduction in urban per- capita water use by 2020 and will implement best management practices for water conservation to achieve the City’s water conservation goals. As described in Chapter 2, Project Description, the project incorporates low water-use groundcovers, shrubs, and trees throughout the project site .

All landscape zones will
be irrigated as required by the Cupertino
Landscape Ordinance, and water uses will be tailored to meet CALGreen Building Standards, which requires water conservation and requires new buildings to reduce water consumption by 20 percent. The proposed project will not conflict with implementation of this measure. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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TABLE 3-7 CUPERTINO CLIMATE ACTION PLAN CONSISTENCY MATRIX Measure Consistency
Measure CS-1 Increase carbon sequestration through
tree planting by developing and implementing an
Urban Forest Management Plan.

Consistent. The City is the party responsible for this measure. As described in Chapter 2, Project Description , the proposed project will increase landscaping on -site. This will increase tree canopy over the buildings and hardscaped areas, reducing energy needed to cool the buildings. The proposed project will include 3,847 square feet of on -site bioretention facilities that will hold and treat stormwater before dispersal to the City’s off-site storm drain infrastructure. Furthermore, the project will comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 and CMC Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection , to ensure ongoing compliance with the City’s municipal stormwater and urban runoff requirements. The proposed project will not conflict with implementation of this measure.

Notes: Measures BE-2 and BE-3 apply to existing development and are not applicable. Measure TR-4 is a city measure to re-focus transportation infrastructure in the city that is not applicable on a project-level. Measure CS-2 is for open space projects that can sequester carbon dioxide (CO2), and therefore, is not directly applicable to the project.

Source: City of Cupertino, August 2022, City of Cupertino Climate Action Plan 2.0.

Development in Cupertino, including the proposed project, is required to adhere to City -adopted policy provisions, including those contained in the adopted CAP 2.0. The City ensures that the provisions of the Cupertino CAP 2.0 are incorporated into projects and their permits through development review and applications of conditions of approval as applicable. Additionally, as previously stated, the proposed project will replace the older structures with newer, more energy-efficient structures that achieve the most recent California Building and Energy-Efficiency Standards and water-efficiency standards.

Furthermore, CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant will be required to comply with CMC Section 17.04.050(C), which will minimize stormwater runoff:

CMC Section 17.04.050(C), Reduce Greenhouse Gas Emissions (GHG) and Energy Use . The project applicant shall complete the City of Cupertino Climate Action Plan – Development Project Consistency Checklist, for review and approval by the City Environment and Sustainability Department prior to issuance of the first permit, to demonstrate how the project is consistent with the Cupertino Climate Action Plan, as subsequently revised, supplemented, or replaced, in order to reduce greenhouse gas emissions and conserve energy.

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CARB’s Scoping Plan
CARB’s Climate Change Scoping Plan (Scoping Plan) outlines the State’s strategies to reduce GHG emissions in accordance with the targets established under SB 32, Assembly Bill (AB) 32, and Executive Order (EO) B- 55-18. The Scoping Plan is applicable to State agencies and is not directly applicable to cities/counties and individual projects. Nonetheless, the Scoping Plan has been the primary tool that is used to dev elop performance-based and efficiency -based CEQA criteria and GHG reduction targets for climat e action planning efforts. CARB recently released the 2022 Scoping Plan to address measures to achieve the State’s carbon neutrality goals under EO B-55-18.

Statewide strategies to reduce GHG emissions in the 2017 Climate Change Scoping Plan include implementing SB 350, which expands the Renewable Portfolio Standards to 50 percent by 2030 and doubles energy-efficiency savings; expanding the Low Carbon Fuel Standards (LCFS) to 18 percent by 2030; implementing the Mobile Source Strategy to deploy zero- electric vehicle buses and trucks; implementing the Sustainable Freight Action Plan; implementing the Short -Lived Climate Pollutant Reduction Strategy, which reduces methane and hydrofluorocarbons to 40 percent below 2013 levels by 2030, and black carbon emissions to 50 percent below 2013 levels by 2030; continuing to implement SB 375; creating a post-2020 Cap-and-Trade Program; and developing an Integrated Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink.

Statewide strategies to reduce GHG emissions include the low carbon fuel standards, California Appliance Energy Efficiency regulations, California Renewable Energy Portfolio standard, changes in the CAFE standards, and other early-action measures as necessary to ensure the State is on target to achieve the GHG emissions-reduction goals of SB 32, AB 32, and EO B-55-18. In addition, new buildings are required to comply with the current Building Energy -Efficiency Standards and CALGreen. The Cupertino CAP 2.0 i s consistent with the statewide GHG reduction strategy and therefore complying with the CAP 2.0 will ensure the proposed project complies with the CARB Scoping Plan. The project’s GHG emissions will be reduced from compliance with statewide measures that have been adopted since SB 32, AB 32, and EO B-55-18 were adopted.

Plan Bay Area
Plan Bay Area 2050 is the Bay Area’s RTP/SCS that identifies a sustainable vision for the Bay Area. To achieve the MTC/ABAG’s sustainable vision for the Bay Area, the Plan Bay Area 2050 land use concept plan for the region concentrates the majority of new population and employment growth in the region in PDAs. An overarching goal of the regional plan is to concentrate development in areas where there are existing services and infrastruct ure rather than allocate new growth to outlying areas where substantial transportation investments would be necessary to achieve the per -capita passenger vehicle, VMT , and associated GHG emissions reductions. The project site is in a Santa Clara VTA City Cores, Corridors, and Station Areas PDA and the proposed project is an infill development project that will result in an increase in 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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land use intensity in a portion of the c ity that has access to existing infrastructure and services, including transit service. Therefore, the proposed project will be consistent with Plan Bay Area 2050.

3.4.4 Water Quality

3.4.4.1 WATER QUALITY STANDARDS
The City, as a participant in the Santa Clara Valley Urban Runoff Pollution Prevention Program, which is regulated by the NPDES Program, is committed to reducing pollutants entering waterways. Below is a discussion of the proposed project’s compliance with water quality standards.

Construction Impacts
Because the proposed project is greater than one acre, it will be required to comply with the General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activity (Construction General Permit). The proposed project will also be required to comply with the Regional Water Board Municipal Regional Permit (MRP), because it will create more than 10,000 square feet of impervious surfaces. The proposed project is required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows to match pre-development conditions, and agreements to ensure that the stormwater treatment and flow -control facilities are maintained in perpetuity. Furthermore, as discussed in Section 2.4.5, Demolition, Grading, and Construction, the proposed project will be conditioned to prepare and implement an SMP pursuant to CMC Section 17.04.050(B) that outlines procedures for soil handling, soil characterization for offsite disposal or onsite re-use, confirmation sampling and analysis, and importing of clean fill material. Compliance with applicable regulations, including the implementation of an SMP, will ensure that the proposed project will not result in adverse impacts to water quality during the construction period.

Operational Impacts
As stated previously , the proposed project will be required to comply with the MRP . Furthermore, stormwater from implementation of the proposed project will be directed to the existing stormwater system, in addition to being filtered through the 3,847 square feet of on-site bioretention areas as described in Section 2.4.4.3, Stormwater Management . Therefore, the proposed project will continue to minimize pollutant runoff from the project site and will not result in adverse water quality impacts during operation. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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3.4.4.2 GROUNDWATER
The proposed project will connect to the existing water lines on -site and will not use groundwater at the site. Additionally, as described in Section 2.4.4.3, Stormwater Management , the proposed project will include 3,847 square feet of on -site bioretention areas , which will allow water to percolate into the groundwater basin below the project site. Therefore, the proposed project will not deplete groundwater supplies or interfere substantially with groundwater recharge.

3.4.4.3 DRAINAGE PATTERNS
Stormwater runoff from the project site is channeled into a storm drain under Stevens Creek Boulevard.

Stormwater from Cupertino is eventually discharged into San Francisco Bay. As described in Section 2.4.4.3, Stormwater Management, the proposed project includes 3,847 square feet of on -site bioretention areas and will result in a decrease of 14,540 square feet of impervious sur faces. The proposed project will be required to comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements, which include minimization of impervious surfaces, measures to detain or infiltrate runoff from peak flows to match pre- development conditions, and agreements to ensure that the stormwater treatment and flow-control facilities are maintained in perpetuity.

Additionally, CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant will be required to comply with CMC Section 17.04.050(F), which will minimize stormwater runoff:

CMC 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.

CMC Chapter 9.18 is intended to provide regulations and give legal effect to certain requirements of the NPDES permit , which requires erosion and siltation -control measures, issued to the City. Therefore, compliance with the CMC and Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 requirements will ensure that the proposed project will not substantially alter the existing drainage pattern of the site or area.

3.4.4.4 INUNDATION
The project site is not in a 100-year flood zone or special flood hazard area as mapped by the Federal Emergency Management Agency (FEMA). Additionally, the project site is also not in an area subject to tsunami, seiche, or dam failure inundation. Therefore, the proposed project will not risk release of pollutants due to project inundation.
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3.5 CEQA GUIDELINES SECTION 15332(E): UTILITIES AND PUBLIC

SERVICES
For the following reasons, the project site can be adequately served by all required utilities and public services and therefore meets the criteria of CEQA Guidelines Section 15332(e).

The project site is in an urban area already served by all necessary municipal utilities (i.e., stormwater, water, wastewater, solid waste) and public services (i.e., police and fire).

3.5.1 Stormwater
The project site is served by existing stormwater sewer systems, and the proposed project will not require additional or modified stormwater sewer systems. As described in Section 2.4.4.3, Stormwater Management, the proposed project will also implement 3,847 square feet of on-site bioretention areas to reduce or slow stormwater runoff and will result in a decrease of 14,540 square feet of impervious surfaces.

Therefore, the proposed project will reduce demand to stormwater infrastructure when compared to existing conditions and will not result in significant impacts to stormwater utilities.

3.5.2 Water
The project site is in the CWS service area. Water service to the project site will be provided by the existing water line on Stevens Creek Boulevard. No new connections will be needed and are not proposed as part of the proposed project. As shown in the water supply evaluation included in Appendix G, Environmental Assessment, of the Cupertino General Plan, which includes the project site being developed at a great er density (65 dwelling units per acre) than what is proposed (25 dwelling units per acre), CWS predicts that there will be sufficient water supplies to meet city wide demand through year 2040 during normal, single - dry, and multiple -dry years. 53 Furthermore, t he project applicant will be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant will be required to comply with CMC Section 17.04.050(I)(2), which will ensure adequate water supply and infrastructure:

CMC 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 location and layout of water lines and backflow preventers, prior to issuance of the first permit.

53 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and Zoning Code Amendments Environmental Assessment, Table 4.15-3, Cal Water PAS Supply and Demand Comparison: 2025 to 2040 (AFY) https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/General-Plan/General-Plan- Community-Vision, accessed December 27, 2024.
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This will ensure that the existing system can support the proposed project. Therefore, the proposed project will not result in significant impacts to water utilities.

3.5.3 Wastewater
The project site is in the CSD service area, and wastewater will be treated at the SJ/SCWPCP. Wastewater generated by the proposed project will be collected by the existing sanitary sewer main along Stevens Creek Boulevard. As shown in the wastewater evaluation included in Appendix G, Environmental Assessment, of the Cupertino General Plan, which includes the project site being developed at a great density (65 dwelling units per acre) than what is proposed (25 dwelling units per acre), CSD has sufficient capacity for buildout of the General Plan. As shown, t he increase in wastewater demand due to future potential development from the General Plan is estimated to be approximately 0.41 million gallons per day (mgd). As of 2020, the SJ/SCWPCP 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 General Plan buildout is only 0.7 percent of the residual capacity.54 The project applicant will be required to comply with CMC Chapter 17.04, Standard Environmental Protection Requirements. Specifically, the project applicant will be required to comply with CMC Section

17.04.050(I)(1), which will minimize potential impacts to the sewer system:

CMC Section 17.04.050(I)(1), Manage Wastewater Inflow and Infiltration to Sewer System . Project applicants shall 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.
b. 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.

54 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and Zoning Code Amendments Environmental Assessment, Table 4.15-6, Increase in Wastewater Demand with Proposed Modified Project, https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/General-Plan/General-Plan- Community-Vision, accessed December 27, 2024.
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c. 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.

This will ensure that the existing system can support the proposed project. Therefore, the proposed project will not result in significant impacts to wastewater utilities.

3.5.4 Solid Waste
The City contracts with Recology to provide solid waste collection services to residents in the city . Solid waste is collected by Recology and deposited at the Newby Island Sanitary Landfill in Milpitas. The proposed project site is already served by solid waste services and will continue to be served by Recology under the proposed project. As shown in the solid waste evaluation included in Appendix G, Environmental Assessment, of the Cupertino General Plan, which includes the project site being developed a t a great er density (65 dwelling units per acre) than what is proposed (25 dwelling units per acre), the Newby Island Sanitary Landfill has sufficient capacity for buildout of the General Plan. As shown , an increase of 8.8 tons per day from implementation of the General Plan buildout would be 0.4 percent of the current residual capacity of Newby Island Sanitary Landfill. 55 The proposed project will not result in an excess of solid waste that will not be able to be accommodated under existing services.

3.5.5 Public Services Providers
The primary purpose of the public services impact analysis is to examine the impacts associated with physical improvements to public service facilities required to maintain acceptable service ratios, response times, or other performance objectives. Public service facilities need improvements (i.e., construction, renovation, or expansion) as demand for services increase. Increased demand is typically driven by increases in population. The proposed project will have a significant environmental impact if it exceeds the ability of public service providers to adequately serve residents, thereby requiring construction of new facilities or modification of existing facilities.

The proposed project is in an area already served by public service provider s. Through developer impact fees, development of the proposed project will support the City’s public services funds that are used , in part, to maintain City services. Likewise, and pursuant to SB 50, 56 the project applicant will be required to
pay the school impact fees required for residential development to offset impacts to the school district. As shown in the public services evaluation included in Appendix G, Environmental Assessment, of the Cupertino General Plan, which includes the project site being developed at a great er density (65 dwelling

55 City of Cupertino, April 2024, Cupertino General Plan Community Vision 2015-2040, Appendix G, General Plan 2040 and Zoning Code Amendments Environmental Assessment, Table 4.15-7, Increase in Solid Waste Generation with Proposed Modified Project, https://www.cupertino.gov/Your-City/Departments/Community-Development/Planning/General-Plan/General-Plan- Community-Vision, accessed December 27, 2024.
56 Senate Bill 50 amended California Government Code Section 65995, which contains limitations on Education Code Section 17620, the statute that authorizes school districts to assess development fees within school district boundaries. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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units per acre) than what is proposed (25 dwelling units per acre), impacts to public service providers (fire protection, police, schools, libraries, and parks) were found to be less than significant at General Plan buildout. Therefore, the proposed project will not result in an increase in demand that will prevent public service providers from adequately serving residents.

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4. Exceptions
In addition to analyzing the applicability of CEQA Guidelines Section 15332 (Class 32), this document assesses whether any of the exceptions to categorical exemptions identified in CEQA Guidelines Section 15300.2 (Exceptions) apply to the proposed project. The following analysis compares the criteria in CEQA Guidelines Section 15300.2 (Exceptions) to the project, and concludes, based on substantial evidence, that none of the exceptions are applicable to the project, and that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15300 and 15332.

4.1 CEQA GUIDELINES SECTION 15300.2(A): LOCATION
Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may , in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply to all instances, except where the project may impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, State, or local agencies.

The proposed project does not qualify for an exemption under Classes 3, 4, 5, 6, or 11. The project site is in an urban developed area and is not in a sensitive environment. In addition, the proposed project will not result in any impacts on an environmental resource of hazardous or critical concern. Therefore, the exception under CEQA Guidelines Section 15300.2(a) does not apply to the proposed project.

4.2 CEQA GUIDELINES SECTION 15300.2(B): CUMULATIVE IMPACT All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time, is significant.

The project site is in an urban neighborhood that is already served by utilities and public services, as well as transportation. As discussed in Section 3.4, CEQA Guidelines Section 15332(d): Traffic, Noise, Air Quality, or Water Quality, the proposed project will not result in significant impacts pertaining to traffic, noise, air quality, or water quality. Any construction effects will be temporary, confined to the project vicinity, and reduced to the extent feasible through compliance with the CMC and applicable regulations. Therefore, the exception under CEQA Guidelines Section 15300.2(b) does not apply to the proposed project. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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4.3 CEQA GUIDELINES SECTION 15300.2(C): SIGNIFICANT EFFECT A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no known unusual circumstances that are applicable to the project, which may result in a significant effect on the environment. The proposed project consists of the demolition of the existing three commercial buildings on the project site and the construction of 59 new residential townhome units. The proposed project will not result in a change in the existing land use or zoning designations or introduce a new activity to the area that could result in a significant effect on the environment. Therefore, the exception under CEQA Guidelines Section 15003.2(b) does not apply to the proposed project.

4.4 CEQA GUIDELINES SECTION 15300.2(D): SCENIC HIGHWAYS A categorical exemption shall not be used for a project that may result in damage to scenic resources, including, but not limited to , trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements that are required as mitigation by an adopted negative declaration or certified environmental impact report (EIR).

The proposed project will not affect a resource within a State Scenic Highway. The nearest scenic highway, State Route 9, is over five miles south of the project site. The nearest eligible State Scenic Highway, I-280, is approximately 0.8 miles north of the project site, with urban development between. 57 The project site is not visible from I-280. Additionally, the project site and surrounding area are already developed. Therefore, no scenic resources within view of a State Scenic Highway will be altered as part of the project.

4.5 CEQA GUIDELINES SECTION 15300.2(E): HAZARDOUS WASTE SITES A categorical exemption shall not be used for a project on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.

California Government Code Section 65962.5 requires the California Environmental Protection Agency to compile, maintain, and update specified lists of hazardous material release sites. CEQA requires the lead agency to consult the lists compiled pursuant to Government Code Section 65962.5 to determine whether a project and any alternatives are identified. 58 The required lists of hazardous material release sites are commonly referred to as the “Cortese List” named after the legislator who authored the legislation. Because

57 California Department of Transportation, 2025, California State Scenic Highway System Map, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa, accessed February 13, 2025.
58 California Public Resources Code Section 21092.6.
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the statute was enacted more than 20 years ago, some of the provisions refer to agency activities that were conducted many years ago and are no longer being implemented and, in some cases , the information required in the Cortese List does not exist. Those requesting a copy of the Cortese Lists are now referred directly to the appropriate information resources contained on internet websites hosted by the boards or departments referenced in the statute, including California Department of Toxic Substance Control’s (DTSC) online EnviroStor database and the State Water Resources Control Board’s (SWRCB) online GeoTracker database. These two databases include hazardous material release sites, along with other categories of sites or facilities specific to each agency’s jurisdiction.

The project site is not included on the Hazardous Waste and Substances Site List (Cortese) pursuant to Government Code Section 65962.5 as of May 2025.
59 Additionally, the project site is not listed on any of the following CalEPA’s Cortese List Data Resources:60
 List of Hazardous Waste and Substances sites from DTSC EnviroStor database61  List of Leaking Underground Storage Tank Sites from SWRCB’s GeoTracker62  List of solid waste disposal sites identified by SWRCB with waste constituents above hazardous waste levels outside the waste management unit
63  List of “active” Cease and Desist Orders and Cleanup and Abatement Orders from SWRCB64  List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC
65 Therefore, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the proposed project.

59 California Department of Toxic Substances Control, 2025, Hazardous Waste and Substances Site List (Cortese), https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS&status=ACT,BKLG ,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29, accessed May 22, 2025. 60 California Environmental Protection Agency, 2025, Cortese List Data Resources, https://calepa.ca.gov/SiteCleanup/CorteseList/, accessed May 8, 2025. 61 California Department of Toxic Substances Control, 2025, Hazardous Waste and Substances Site List (Cortese), https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS&status=ACT,BKLG ,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29, accessed May 22, 2025. 62 State Water Resources Control Board, 2025, GeoTracker, https://geotracker.waterboards.ca.gov/search?CMD=search&case_number=&business_name=&main_street_name=&city=&zip= &county=&SITE_TYPE=LUFT&oilfield=&STATUS=&BRANCH=&MASTER_BASE=&Search=Search, accessed May 22, 2025. 63 California Environmental Protection Agency, 2025, Sites Identified with Waste Constituents Above Hazardous waste Levels Outside the Waste Management Unit, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList- CurrentList.pdf, accessed May 22, 2025.
64 California Environmental Protection Agency, 2025, List of “active” CDO and CAO from Water Board, https://calepa.ca.gov/wp-content/uploads/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx, accessed May 22, 2025. 65 California Environmental Protection Agency, 2025, Cortese List: Section 65962.5(a), https://calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/, accessed May 22, 2025. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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4.6 CEQA GUIDELINES SECTION 15300.2(F): HISTORICAL RESOURCES A categorical exemption shall not be used for a project that may cause a substantial adverse change in the significance of a historical resource.

The Union Church of Cupertino, 70 feet west of the project site, is considered a Historic Site in the Cupertino General Plan.66 While no work is proposed on this neighboring site, construction activities could have the potential to cause a substantial adverse change in the significance of historical resources in the immediate vicinity of the site because demolition, excavation, and other construction activities could result in substantial ground vibration or soil movement under or adjacent to the foundation of a historical resource.

Construction impacts typically consist of destabilization associated with groundborne vibration in the vicinity of a historic building or destabilization associated with demolition or new construction directly abutting a historic building. The California Department of Transportation criteria related to the potential for historic and some old buildings to be damaged from groundborne vibration induced by construction equipment for continuous/frequent intermittent sources is 0.25 PPV.67 As shown in Table 3-3, Construction Equipment Vibration Levels, no construction equipment would exceed this criterion at 25 feet. Because the Union Church of Cupertino is 70 feet from the project site, there would be no significant vibration impacts from the proposed project. Furthermore, as outlined in Section 3.4.2.2, Groundborne Vibration, the project applicant will be required to prepare and implement a Construction Vibration Monitoring Plan to minimize impacts related to construction vibration, pursuant to CMC Section 17.04.050(G)(3).

There is also no known sensitivity for archaeological or paleontological resources on the site. However, the site may contain previously unknown subsurface archaeological and paleontological deposits. The proposed project will comply with Land Use and Community Design Element Policy 2-72 in the General Plan, which requires compliance with City, State, and federal historic preservation laws, regulations, and codes, including laws related to archaeological resources. In particula r, the proposed project will be required to comply with CEQA Guidelines Section 15064.5(e), which specifies procedures to be used in the event of a discovery of Native American human remains on non-federal land. Additionally, CMC Chapter 17.04, Standard Environmental Protection Requirements, identifies standard environmental protection requirements that all construction projects must meet. Specifically, the project applicant will be required to comply with CMC Sections 17.04.050(E)(1), 17.04.050(E)(2), and 17.04.050(H), which will minimize impacts to archaeological resources, tribal cultural resources, and paleontological resources:

66 City of Cupertino, May 2024, Cupertino General Plan Community Vision 2015-2040, Chapter 3, Land Use and Community Design Element, Figure LU-3, Historic Resources, https://www.cupertino.gov/Your-City/Departments/Community- Development/Planning/General-Plan/General-Plan-Community-Vision, accessed March 17, 2025. 67 California Department of Transportation, April 2020, Transportation and Construction Vibration Guidance Manual, Table 19, Guideline Vibration Damage Potential Threshold Criteria, https://dot.ca.gov/-/media/dot-media/programs/environmental- analysis/documents/env/tcvgm-apr2020-a11y.pdf, accessed March 17, 2025. 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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CMC Section 17.04.050(E)(1), Protect Archaeological Resources and Tribal Cultural Resources . For all projects requiring ground-disturbing activities on land with no known archaeological or tribal cultural resources that has not been previously disturbed and/or where ground -disturbing activities would occur at a greater depth or affect a greater area than previously disturbed, the following shall be required:
a. Areas with No Known Cultural Resources. For all projects within areas where there are no known cultural resources, prior to soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows:
i. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of ston e, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal. ii. The potential for undiscovered archaeological resources or tribal cultural resources on site. iii. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052. iv. The protection procedures to follow should construction crews discover cultural resources during project-related earthwork, include the following:

1. All soil disturbing work within 25 feet of the find shall cease.

2. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project.

3. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation or mit igation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. The archeologist shall perform this evaluation in consultation with the tribe.
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b. Areas with Known Cultural Resources. For all projects within areas of known cultural resources as documented in the 2015 General Plan EIR Table 4.4-2, Cultural Resources in the Project Study Area and Vicinity, as subsequently revised, supplemented, or replaced by the City, and the archaeological or tribal cultural resources cannot be avoided, in addition to the requirements in Section E.1.a for all construction projects with ground-disturbing activities, the following additional actions shall be implemented prior to ground disturbance:
i. The project applicant shall retain a qualified archaeologist to conduct a subsurface investigation of the project site, and to ascertain the extent of the deposit of any buried archaeological materials relative to the project’s area of potential effects, in consultation with a tribal representative as applicable. The archaeologist shall prepare a site record and file it with the California Historical Resource Information System and the City of Cupertino. ii. If the resource extends into the project’s area of potential effects as determined by the archaeologist, the resource shall be evaluated by a qualified archaeologist to determine if the resource is eligible for listing on the California Register of Historical Resources. If the qualified archaeologist determines that the resource is not eligible, no further action is required unless there is a discovery of additional resources during construction (as required above for all construction projects with ground -disturbing activities). If the qualified archaeologist determines that the resource is eligible, the qualified archaeologist shall identify ways to minimize the effect which the project applicant shall implement. A written report of the results of investigations and mitigations shall be prepared by the qualified archaeologist and filed with the California Historic Resources Information System Northwest Information Center and the City of Cupertino.

CMC Section 17.04.050(E)( 2), Protect Human Remains and Native American Burials . The project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there shall be no further excavation or disturbance of the site within a 100 -foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours. d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains. If the Most Likely 20840 STEVENS CREEK BOULEVARD TOWNHOMES PROJECT CEQA EXEMPTION

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Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation abo ut this determination and the location of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner does not accept the Most Likely Descendant’s recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded.

CMC Section 17.04.050(H), Protect Paleontological Resources During Construction. If paleontological resources are encountered during ground disturbing and/or other construction activities, all construction shall be temporarily halted or redirected to allow a qualified paleontologist, which shall be retained by the project applicant, to assess the find for significance. If paleontological resources are found to be significant, the paleontological monitor shall determine appropriate actions, in coordination with a qualified paleontologist, City staff, and property owner . Appropriate actions may include, but are not limited to, a mitigation plan formulated pursuant to guidelines developed by the Society of Vertebrate Paleontology and implemented to appropriately protect the significance of the resource by preservation, documentation, and/or removal, prior to recommencing activities. Measures may include, but are not limited to, salvage of unearthed fossil remains and/or traces (e.g., tracks, trails, burrows); screen washing to recover small specimens; preparation of salvaged fossils to a point of being ready for curation (e.g., removal of enclosing matrix, stabilization and repair of specimens, and construction of reinforced support cradles); and identification, cataloging, curation, and provision for repository storage of prepared fossil specimens.

With mandatory compliance with CMC Section s 17.04.050(E)(1), 17 .04.050(E)(2), and 17.04.050(H), the proposed project will not result in significant impacts to unknown archaeological, tribal cultural, and paleontological resources. Therefore, the exception under CEQA Guidelines Section 15003.2(f) does not apply to the proposed project.

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5. Conclusion
As discussed in Chapter 3, Exemption , of this document, the proposed project meets the criteria for categorically exempt in-fill development projects in CEQA Guidelines Section 15332 and because, as discussed previously, none of the exceptions to the categorical exemptions in CEQA Guidelines Section 15300.2 apply, and it will not have a significant effect on the environment pursuant to CEQA, this analysis finds that a Notice of Exemption is appropriate for the proposed project.

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6. List of Preparers

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Luke Connolly, Assistant Director of Community Development Piu Ghosh, Planning Manager
Emi Sugiyama, Associate Planner, Project Manager

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Terri McCracken, Principal, Principal-in-Charge
Vivian Kha, Associate, Project Manager
Nicole Vermilion, Principal, Air Quality, Greenhouse Gas Emissions, and Noise Lance Park, Senior Associate, Air Quality and Greenhouse Gas Emissions Chris Shields, Senior Associate, Noise
Emily Parks, Associate, Air Quality and Greenhouse Gas Emissions

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Cupertino City CouncilJuly 1, 2025

Cupertino City Council
July 1, 2025