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Draft Resolution: Actions related to Certifying EIR and Adoption of ECRSP (See Revised Attachment 6, posted 20220628)

Sunnyvale City Council
June 28, 2022

Document
Draft Resolution: Actions related to Certifying EIR and Adoption of ECRSP (See Revised Attachment 6, posted 20220628)
Meeting
June 28, 2022
Body
Sunnyvale City Council
Pages
131
Original file
4.2 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 45 Rationale
The project would implement Mitigation Measure HAZ-1, which requires site-specific testing for hazardous materials, along with a certified Phase I Environmental Site Assessment (ESA), to determine the presence of toxic substances. A Phase II ESA may also be required depending on the results of the Phase I ESA. Additionally, future implementing projects would be required to comply with federal, State, and local policies regarding the handling and disposal of hazardous materials. With Mitigation Measure HAZ-1, implementation of the project would not result in a significant effect. (DEIR page 3.8-16)
Impact 3.8.5: Located Within 2 Miles of a Public or Public Use Airport The Specific Plan Area is not within 2 miles of a public or private airport. The nearest airport to the Specific Plan Area is Moffett Federal Airfield located approximately 2.5 miles to the north. While a short segment of the western portion of El Camino Real is included in the Moffett Federal Airfield AIA, the plan area is not located within the noise, safety, or height restriction zones delineated in the Comprehensive Land Use Plan (CLUP) for Moffett Federal Airfield and has no heliports listed by the Federal Aviation Administration (FAA). However, future development projects in the Specific Plan Area that fall within the AIA boundaries would require review by FAA and the ALUC.

The CLUP focuses on the three areas of ALUC’s responsibility: (1) aircraft noise, (2) the safety of persons on the ground and in aircraft, and (3) the control of objects in navigable airspace. Federal Aviation Regulation (FAR) Part 77 of the FAA establishes imaginary surfaces for Moffett Federal Airfield and its runways as a means to identify objects that are obstructions to air navigation (see Table 3.9-1 of the DEIR). Future development under the proposed project can introduce potential sources of hazards to airfield operations with equipment or structures that exceed FAR Part 77 surfaces. FAA issuance of a “Determination of No Hazard” for future development exceeding FAR Part 77 surfaces, and compliance with any conditions set forth by the FAA in its determinations, would ensure the future development would not be a potential aviation hazard.

With the implementation of Mitigation Measures HAZ-2 and HAZ-3, future development projects in the Specific Plan Area that are within the AIA boundaries would not result in a significant safety hazard to airport operations by obtaining a “Determination of No Hazard” or “Determination of No Hazard with Conditions” (and complying with any conditions set forth by the FAA in its determination) to ensure the development (including construction equipment) would not result in an aviation hazard. Impacts would be reduced to a less than significant level.

Mitigation Measures
Mitigation Measure HAZ-2
Prior to the issuance of a building permit for above ground construction of future projects in the Specific Plan Area, if proposed structures exceed the FAA Part 77 Surface, the project applicant shall submit an FAA Form 7460-1 for the permanent structure prior to submittal for the temporary construction equipment (outlined in Mitigation Measure HAZ-3 below). A “Determination of No Hazard” or “Determination of No Hazard with Conditions” shall be obtained prior to permit issuance for any above ground improvements. If a “Determination of No Hazard with Conditions” is issued, the conditions shall be included on the approved plan set and implemented.

Mitigation Measure HAZ-3
Prior to the issuance of a building permit, if construction equipment has the potential to exceed the FAA Part 77 Surface, the project applicant shall submit an FAA Form 7460-1, “Notice of Proposed Construction or Alteration” to the FAA at least 45 days (60 to 90 days recommended) prior to construction of the project, which shall specify the equipment type (e.g., crane) and duration to be used. An Aeronautical Study Number for the permanent structure shall be included in the submittal form. A “Determination of No Hazard” or “Determination of No Hazard with Conditions” shall be obtained prior to permit issuance for above ground activities. If a “Determination of No Hazard with Conditions” is issued, all conditions shall be included on the approved plan set and implemented.

Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
46 El Camino Real Specific Plan Environment Impact Report Finding
The City Council finds that the above mitigation measures are feasible and that they would reduce the potential hazardous materials impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
With the implementation of Mitigation Measures HAZ-2 and HAZ-3, future development projects in the Specific Plan Area that are within the AIA boundaries would not result in a significant safety hazard to airport operations by obtaining a “Determination of No Hazard” or “Determination of No Hazard with Conditions” (and complying with any conditions set forth by the FAA in its determination) to ensure the development (including construction equipment) would not result in an aviation hazard. With Mitigation Measures HAZ-2 and HAZ-3, implementation of the project would not result in a significant effect. (DEIR page 3.8-18)

8.6 SECTION 3.11: NOISE
Impact 3.11.1: Increase in Ambient Noise Levels in Excess of Standards Established in the Local General Plan or Noise Ordinance
During project construction, exterior noise levels could affect the nearest existing sensitive receivers in the vicinity.

The nearest sensitive receptors include residences to the north, south, and west of the Specific Plan Area. The City of Sunnyvale does not establish quantitative noise limits for demolition or construction activities occurring in the City.

Construction noise levels would be reduced through implementation of Mitigation Measure NOI-1, which would require construction best management practices (BMPs) for projects subject to CEQA review (i.e., non-exempt projects). Specifically, Mitigation Measure NOI-1 would require all construction equipment to be equipped with properly operating and maintained mufflers, locate stationary construction equipment so that emitted noise is directed away from the nearest noise sensitive receptors, locate equipment staging in areas furthest away from sensitive receptors, and limit haul truck deliveries to the same hours specified by SMC Chapter 16.08 for construction equipment (between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturdays). Therefore, compliance and/or adherence to the SMC and Mitigation Measure NOI-1 would reduce short-term construction noise impacts to less than significant levels.

The DEIR determined that operational noise resulting from project implementation would not exceed standards and a less than significant impact would occur with mitigation incorporated.

Mitigation Measures
Mitigation Measure NOI-1
For projects that are subject to California Environmental Quality Act (CEQA) review (i.e., non-exempt projects), project applicants shall ensure through contract specifications that construction best management practices (BMPs) will be implemented by all project contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which shall be reviewed and approved by the City Community Development Department prior to issuance of a grading or building permit (whichever is issued first). BMPs to reduce construction noise levels may include, but are not limited to, the following:

1. Ensure that construction equipment is properly muffled according to industry standards and is in good working condition.

2. Place noise-generating construction equipment and construction staging areas away from sensitive uses.

3. Construction activities shall occur between the hours of between the hours of 7:00 a.m. and 6:00 p.m.

Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturdays, pursuant to Sunnyvale Municipal Code Chapter 16.08.

Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 47

4. Implement noise attenuation measures, as needed, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.

5. Use electric air compressors and similar power tools rather than diesel equipment, where feasible.

6. Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes.

7. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturdays). The haul route exhibit shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck-related noise.

8. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party and the Community Development Department.

Finding
The City Council finds that the above mitigation measures are feasible and that they would reduce the potential noise impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council.

Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
All projects within the Specific Plan Area would be subject to Mitigation Measure NOI-1, which requires all subsequent projects in the project area to ensure through contract specifications that construction best management practices (BMPs) will be implemented by all project contractors to reduce construction noise levels. Upon implementation of Mitigation Measure NOI-1, noise impacts would be reduced to less than significant levels. As such, this impact would be less than significant with mitigation incorporated. (DEIR page 3.11-13) Impact 3.11.2: Generation of Excessive Groundborne Vibration or Groundborne Noise Levels
Ground-borne vibration generated during construction activities would primarily impact existing structures that are located adjacent to or within the vicinity of future Specific Plan development. Based upon the information provided in Table 3.11-7 of the DEIR, vibration levels could reach up to 0.210 inch/second peak particle velocity (PPV) for typical construction activities (and up to 1.518 inch/second PPV if pile driving activities were to occur) at structures located within 25 feet of construction. For structures that are located at or within 25 feet of potential project construction sites, structures at these locations may experience vibration levels during construction activities that exceed the Caltrans vibration impact threshold of 0.2 inch/second PPV; refer to Table 3.11-2 of the DEIR. Therefore, implementation of Mitigation Measure NOI-2 would be required. Pursuant to Mitigation Measure NOI-2, should construction activities requiring operation of groundborne vibration generating equipment take place within 25 feet of a structure, a project-specific vibration impact analysis shall be conducted. In addition, the 0.2 inch/second Caltrans vibration impact threshold would be exceeded within 100 feet of impact pile driving activities and within 60 feet of sonic pile driving activities. Therefore, Mitigation Measure NOI-3 would be required to prohibit impact and sonic pile driving within 100 and 60 feet, respectively, of buildings and instead utilize alternative installation methods.

With implementation of Mitigation Measures NOI-2 and NOI-3, construction vibration levels would not exceed 0.2 inch/second PPV. Therefore, the human annoyance threshold criteria (i.e., 0.2 inch/second PPV) would not be exceeded. Short-term vibration impacts would be less than significant with implementation of Mitigation Measures NOI-2 and NOI-3.

Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
48 El Camino Real Specific Plan Environment Impact Report Operation of the proposed residential and commercial land uses would not generate high levels of groundborne vibration. Occasional large truck movements may occur in conjunction with transport of materials to the project site.

However, large truck movements would generate minor levels of vibration for very short time periods. Therefore, impacts associated with operational groundborne vibration would be less than significant.

Mitigation Measures
Mitigation Measure NOI-2
Projects that are subject to California Environmental Quality Act (CEQA) review (meaning, non-exempt projects) with construction activities requiring operation of groundborne vibration generating equipment (i.e., vibratory compactor/roller, large bulldozer, caisson drilling, loaded trucks, and jackhammer) within 25 feet of a structure shall be required to prepare a project-specific vibration impact analysis to evaluate potential construction vibration impacts associated with the project, and to determine any specific vibration control mechanisms that shall be incorporated into the project’s construction bid documents to reduce such impacts. Contract specifications shall be included in construction documents, which shall be reviewed and approved by the City Engineer prior to issuance of a grading permit.

Mitigation Measure NOI-3
Projects that are subject to California Environmental Quality Act (CEQA) review (meaning, non-exempt projects) which require impact pile driving activities within 100 feet of buildings and/or sonic pile driving activities within 60 feet of buildings shall implement the below measures to reduce the potential for architectural/structural damage resulting from elevated groundborne vibration levels. Contractors shall demonstrate, to the satisfaction of the City Engineer and prior to issuance of a grading permit, that pile driving activities would not exceed the California Department of Transportation (Caltrans) vibration threshold (i.e., 0.2 inch/second PPV) prior to initiation of construction.  Impact pile driving within 100 feet of any building shall utilize alternative installation methods, such as pile cushioning, jetting, predrilling, cast-in-place systems, and resonance-free (i.e., sonic) vibratory pile drivers.  Sonic pile driving activities within 60 feet of any building shall utilize alternative installation methods, such as pile cushioning, jetting, predrilling, and cast-in-place systems.

Finding
The City Council finds that the above mitigation measures are feasible and that they would reduce the potential vibration impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council.

Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
All projects within the Specific Plan Area would be subject to Mitigation Measures NOI-2 and NOI-3. Pursuant to Mitigation Measure NOI-2, should construction activities requiring operation of groundborne vibration generating equipment take place within 25 feet of a structure, a project-specific vibration impact analysis shall be conducted. In addition, the 0.2 inch/second Caltrans vibration impact threshold would be exceeded within 100 feet of impact pile driving activities and within 60 feet of sonic pile driving activities. Therefore, Mitigation Measure NOI-3 would be required to prohibit impact and sonic pile driving within 100 and 60 feet, respectively, of buildings and instead utilize alternative installation methods. Upon implementation of Mitigation Measures NOI-2 and NOI-3, vibration impacts would be reduced to less than significant levels. As such, this impact would be less than significant with mitigation incorporated. (DEIR page 3.11-19)
Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 49

8.7 SECTION 3.15: TRANSPORTATION
Impact 3.15.1: Conflict or be Inconsistent With CEQA Guidelines Section 15064.3, Subdivision (b)
The Sunnyvale City Council adopted Council Policy 1.2.8, “Transportation Analysis Policy,” on June 30, 2020; thus, establishing vehicle miles traveled (VMT) as the primary threshold of significance for analysis of transportation impacts under CEQA. Council Policy 1.2.8 requires that a project meet the following criteria to presume a less than significant VMT impact for a project based on proximity to a major transit stop or high-quality transit corridor:
 Support the multimodal transportation network by facilitating access to multimodal transportation with improved pedestrian facilities, bike lanes, transit stops; does not harm or hinder access to multimodal transportation.
 Does not exceed maximum parking requirements or propose higher than what is allowed per the development standards;
 Is transit-oriented in design:
a. has a walkable design that prioritizes pedestrians;
b. is sustainable, and compact;
c. facilitates ease of bicycle use;
d. is focused or centered around transit; and
 Redevelopment of a site which provides at least as many affordable units as previously existed.

As described in State CEQA Guidelines Section 15064.3(b)(2), transportation projects that reduce, or have no impact on, VMT should be presumed to cause a less than significant transportation impact. Additionally, as detailed in Council Policy 1.2.8 above, multimodal improvements that promote walking, bicycling, and transit generally reduce VMT, and thus, are presumed to cause a less than significant impact on transportation. Therefore, because the transportation improvements included in the Specific Plan were developed to enhance transit, pedestrian, and bicycle facilities and connectivity in the project area, they would not result in a substantial or measurable increase in VMT.

Additionally, the proposed intersection improvements provided in the project’sTransportation Impact Analysis prepared by Hexagon Transportation Consultants (2020) would serve to improve access to the Sunnyvale Caltrain Station and the Lawrence Caltrain Station, improve multimodal safety, and enhance the overall transit-oriented nature of the project area. Therefore, as detailed in Council Policy 1.2.8, these types of roadway improvements would not result in a substantial or measurable increase in VMT.

While the Specific Plan currently proposes land uses consistent with the City VMT Policy, it is recognized that over the extended implementation period of the Specific Plan, implementing projects could potentially fail to meet the density requirements for a Transit Supportive Project as defined by Council Policy 1.2.8 relative to floor area ratio and/or dwelling units per acre. Accordingly, Mitigation Measure TRA-1 requires that in the event that a proposed development does not meet the floor area ratio and/or dwelling unit per acre requirements outlined in Council Policy

1.2.8, the project will be required to prepare a project specific VMT analyses to confirm that the proposed development would not result in a potential increase in VMT. Therefore, implementation of the project would result in a less than significant with mitigation impact relative to VMT.

Mitigation Measures
Mitigation Measure TRA-1
Prior to Planning Permit Completeness, the City of Sunnyvale shall review site-specific development within the El Camino Real Specific Plan area for consistency with the floor area ratio and/or dwelling units per acre requirements specified in the City’s Transportation Analysis Policy (referred to as “Council Policy 1.2.8”). In the event that a proposed development does not meet the floor area ratio and/or dwelling units per acre requirements or the required threshold specified in Council Policy 1.2.8, a project-specific vehicle miles Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
50 El Camino Real Specific Plan Environment Impact Report travelled (VMT) analysis shall be conducted to evaluate and disclose transportation-related environmental impacts and identify measures to avoid and minimize VMT impacts. If the VMT analysis determines the potential for an increase in VMT that cannot be mitigated, a subsequent environmental analysis shall be prepared.

Finding
The City Council finds that the above mitigation measure is feasible and that it would reduce the potential transportation impacts project to a less than significant level. This mitigation measure is adopted by the City Council.

Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
All projects within the Specific Plan Area would be subject to Mitigation Measure TRA-1, which requires that, in the event that a proposed development does not meet the floor area ratio and/or dwelling unit per acre requirements outlined in Council Policy 1.2.8, all subsequent projects in the project area will be required to prepare a project specific VMT analyses to confirm that the proposed development would not result in a potential increase in VMT.

Upon implementation of Mitigation Measure TRA-1, VMT impacts would be reduced to less than significant levels. As such, this impact would be less than significant with mitigation incorporated. (DEIR page 3.15.12) Impact 3.15.7: Result in a Temporary but Prolonged Construction-Related Impact to Transportation Facilities
Future implementing project construction would occur adjacent to and within the public roadway right-of-way; thus, it would likely require temporary road, lane, bicycle lane, and sidewalk closures and could result in unexpected slowing of vehicular traffic if not properly planned and managed. Therefore, the project could result in a potentially significant construction-related transportation impact. Therefore, mitigation would reduce potentially significant impacts. As provided for in Mitigation Measure TRA-2 below, a temporary traffic control (TTC) plan will be required by the City and the City would determine the construction truck routes. The duration of construction, number of trucks, truck routing, number of employees, truck idling, lane closures, and a variety of other construction-related activities are unknown at this time, however, they would be determined upon development of the construction management plan. With implementation of Mitigation Measure TRA-2, construction impacts would be reduced to a less than significant level.

Mitigation Measures
Mitigation Measure TRA-2
Before construction or issuance of building permits, the developer or the construction contractor for the project shall prepare a temporary traffic control plan (TTC) to the satisfaction of the City of Sunnyvale Division of Transportation and Traffic and subject to review by all affected agencies. The TTC shall include all information required on the City of Sunnyvale TTC Checklist and conform to the TTC Guidelines of the City of Sunnyvale. At a minimum, the plan shall include the following elements:
f provide vicinity map including all streets within the work zone properly labeled with names, posted speed limits and north arrow;
f provide existing roadway lane and bike lane configuration and sidewalks where applicable including dimensions;
f description of proposed work zone;
f description of detours and/or lane closures (pedestrians, bicyclists, vehicular); f description of no parking zone or parking restrictions; f provide appropriate tapers and lengths, signs, and spacing; f provide appropriate channelization devices and spacing; Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 51 f description of buffers;
f provide work hours/work days;
f dimensions of above elements and requirements per latest CA—MUTCD Part 6 and City of Sunnyvale’s SOP for bike lane closures;
f provide proposed speed limit changes if applicable;
f description of bus stops, signalized and non-signalized intersection impacted by the work; f show plan to address pedestrians, bicycle and ADA requirement throughout the work zone per CA- MUTCD Part 6 and City of Sunnyvale’s SOP for Bike lane closures; f indicate if phasing or staging is requested and duration of each; f description of trucks, including number and size of trucks per day, expected arrival/departure times, truck circulation patterns;
f provide all staging areas on the project site; and
f ensure that the contractor has obtained and read the City of Sunnyvale’s TTC Guidelines and City of Sunnyvale’s SOP for bike lane closures; and
f ensure traffic impacts are localized and temporary.

Finding
The City Council finds that the above mitigation measure is feasible and that it would reduce the potential construction traffic impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
Implementation of Mitigation Measure TRA-2 would require the developer or the construction contractor of the project to prepare and implement a TTC that is consistent with the most recent CA-MUTCD, Part 6: Temporary Traffic Control and City of Sunnyvale TTC guidelines and that meets with the approval of the City of Sunnyvale Division of Transportation and Traffic. Thus, Mitigation Measure TRA-2 would reduce the temporary impact. Additionally, construction traffic impacts would be localized and temporary. (DEIR page 3.15-17)

8.8 CUMULATIVE IMPACTS
Impact 3.3.3: Contribute to Cumulative Impacts to Biological Resources Development of cumulative projects could result in direct take of special-status species, construction and post- construction disturbances, and/or special-status habitat conversion. Like the proposed project, future cumulative development would be subject to compliance with the City’s policy to continue to evaluate and ensure mitigation of potential biological impacts of future development and redevelopment projects in a manner consistent with applicable local, State, and federal laws and regulations (Policy LT-1.10e). As such, all future cumulative development would undergo environmental review on a project-by-project basis, to evaluate potential impacts to biological resources and ensure compliance with the established regulatory framework. Cumulative impacts to biological resources within the City and surrounding areas would be mitigated on a project-by-project basis in this regard.

As concluded in Impact 3.3.1, no special-status plants were identified within the Specific Plan Area However, American peregrine falcon and burrowing owl have a low potential to occur within the Specific Plan Area. Upon implementation of Mitigation Measure BIO-1, which would ensure a preconstruction clearance survey is conducted by a qualified biologist for nesting birds and burrowing owl, impacts to potential special-status wildlife species would be reduced to Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
52 El Camino Real Specific Plan Environment Impact Report less than significant levels. Therefore, cumulatively considerable impacts to special-status species or habitat would be less than significant with mitigation incorporated.

Mitigation Measures
Implement Mitigation Measure BIO-1.

The reader is referred to Impact 3.3-1, above, for a complete description of this mitigation measure.

Finding
The City Council finds that the above mitigation measure is feasible and that it would reduce the contribution to cumulative biological resources impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
All projects within the Specific Plan Area would be subject to Mitigation Measure BIO-1, which would ensure a pre- construction clearance survey is conducted by a qualified biologist for nesting birds and burrowing owl should future construction activities be initiated during the nesting season. Upon implementation of Mitigation Measure BIO-1, impacts to potential special-status wildlife species would be reduced to less than significant levels. Therefore, this impact would be reduced to a less than cumulativelyconsiderable level. (DEIR page 3.3-18) Impact 3.4.5: Contribute to Cumulative Impacts to Cultural and Tribal Cultural Resources Future cumulative projects would be evaluated on a project-by-project basis to determine the extent of potential impacts to site-specific historical, archaeological, and/or tribal cultural resources. Related projects would be required to adhere to State and federal regulations, as well as project-specific mitigation measures.

As discussed under Impacts 3.4.1 through 3.4.4, project-related impacts to historical, archeological, and tribal cultural resources have been determined to be less than significant with implementation of Mitigation Measures CUL-1, CUL- 2, CUL-3, and existing regulations and policies. Thus, cumulative impacts to historical, archaeological, and tribal cultural resources would be less than significant with mitigation incorporated.

Mitigation Measures
Implement Mitigation Measures CUL-1, CUL-2, and CUL-3.

The reader is referred to Impacts 3.4-1 and 3.4-2, above, for a complete description of these mitigation measures.

Finding
The City Council finds that the above mitigation measure is feasible and that it would reduce the contribution to cumulative cultural and tribal cultural resources impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
All projects within the Specific Plan Area would be subject to Mitigation Measures CUL-1, which requires all future development to conduct site-specific historic resources evaluations, and CUL-2, which requires preparation of a site- specific Construction Protection Plan (CPP) for projects which propose pile driving activities within 50 feet of designated historic resources located within the Taaffe-Frances Heritage Neighborhood. Upon implementation of Mitigation Measures CUL-1 and CUL-2, impacts to potential cultural resources would be reduced to less than significant levels. Therefore, this impact would be reduced to a less than cumulativelyconsiderable level. (DEIR page

3.4-13)
Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 53 All projects within the Specific Plan Area would also be subject to Mitigation Measure CUL-3, which requires all subsequent projects in the project area to include information on improvement plans to protect cultural resources discovered during groundwork. Upon implementation of Mitigation Measure CUL-3, impacts to potential cultural resources would be reduced to less than significant levels. Therefore, this impact would be reduced to a less than cumulativelyconsiderable level. (DEIR page 3.4-14)
Impact 3.8.8: Contribute to Cumulative Impacts Related to Hazards and Hazardous Materials All projects undertaken in the city require compliance with local, State, and federal hazardous materials regulations.

Therefore, compliance with existing federal, State, and local regulations regarding the handling, transport, and disposal of hazardous materials, in addition to site-specific hazardous materials analysis by future development projects in the Specific Plan Area, would minimize potential risks associated with accidental exposure to hazardous materials and reduce impacts to schools within one-quarter mile of future project sites, as well as on emergency response or evacuation routes during construction of future projects.

Future development projects within the Specific Plan Area would implement Mitigation Measure HAZ-1, which requires site-specific testing for hazardous materials, along with a certified Phase I Environmental Site Assessment (ESA), to determine the presence of toxic substances. A Phase II ESA may also be required depending on the results of the Phase I ESA. Additionally, future implementing projects would be required to comply with federal, State, and local policies regarding the handling and disposal of hazardous materials.

In addition, future development projects that fall within the AIA boundaries would require review by FAA and the ALUC.

With the implementation of Mitigation Measures HAZ-2 and HAZ-3, future development projects in the Specific Plan Area that are within the AIA boundaries would not result in a significant safety hazard to airport operations by obtaining a “Determination of No Hazard” or “Determination of No Hazard with Conditions” (and complying with any conditions set forth by the FAA in its determination) to ensure the development (including construction equipment) would not result in an aviation hazard. Other future development projects would be held to similar requirements to reduce potentially significant impacts relative to airport hazards.

Therefore, this impact would be reduced to a less than cumulativelyconsiderable level.

Mitigation Measures
Implement Mitigation Measures HAZ-1, HAZ-2, and HAZ-3.

The reader is referred to Impacts 3.8.4 and 3.8.5, above, for a complete description of these mitigation measures.

Finding
The City Council finds that the above mitigation measure is feasible and that it would reduce the contribution to cumulative hazardous materials impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
The project would implement Mitigation Measure HAZ-1, which requires site-specific testing for hazardous materials, along with a certified Phase I Environmental Site Assessment (ESA), to determine the presence of toxic substances. A Phase II ESA may also be required depending on the results of the Phase I ESA. Additionally, future implementing projects would be required to comply with federal, State, and local policies regarding the handling and disposal of hazardous materials. Therefore, this impact would be reduced to a less than cumulativelyconsiderable level. (DEIR page

3.8-16)
The project would also implement Mitigation Measures HAZ-2 and HAZ-3, which require future projects to obtain a “Determination of No Hazard” or “Determination of No Hazard with Conditions” (and complying with any conditions set forth by the FAA in its determination) to ensure the development (including construction equipment) would not result in Attachment 6

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(See Corrected Attachment 6, posted 20220628)
Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
54 El Camino Real Specific Plan Environment Impact Report an aviation hazard. Therefore, this impact would be reduced to a less than cumulativelyconsiderable level. (DEIR pages

3.8-18)
Impact 4-19: Contribute to Cumulative Transportation Impacts As discussed in the DEIR, while the Specific Plan currently proposes land uses consistent with the City VMT Policy, it is recognized that over the extended implementation period of the Specific Plan, implementing projects could potentially fail to meet the density requirements for a Transit Supportive Project as defined by Council Policy 1.2.8 relative to floor area ratio and/or dwelling units per acre. Accordingly, Mitigation Measure TRA-1 requires that in the event that a proposed development does not meet the floor area ratio and/or dwelling unit per acre requirements outlined in Council Policy 1.2.8, the project will be required to prepare a project specific VMT analyses to confirm that the proposed development would not result in a potential increase in VMT. Therefore, with the implementation of Mitigation Measure TRA-1, the project’s contribution to cumulative impacts would be less than cumulatively considerable.

In addition, as discussed in the DEIR, construction of the project could potentially result in temporary but prolonged transportation impacts, including, but not limited to, road, lane, bicycle lane, and sidewalk closures. Therefore, the project could result in a significant transportation impact. If construction of the project were to occur simultaneously with one or more nearby projects, the construction-related transportation impacts of these projects may combine to exacerbate construction-related transportation impacts from the project and create a significant cumulative impact.

Implementation of Mitigation Measure TRA-2 would require that a temporary traffic control plan be completed and implemented for the project. Implementation of Mitigation Measure TRA-2 would reduce the temporary impact to the degree feasible. Additionally, construction traffic impacts would be localized and temporary. As a result, with the implementation of Mitigation Measure TRA-2, the project’s contribution to cumulative impacts would be less than cumulatively considerable.

Mitigation Measures
Implement Mitigation Measures TRA-1 and TRA-2.

The reader is referred to Impacts 3.15.1 and 3.15.7, above, for a complete description of these mitigation measures.

Finding
The City Council finds that the above mitigation measures are feasible and that they would reduce the contribution to cumulative transportation impacts of the project to a less than significant level. This mitigation measure is adopted by the City Council. Accordingly, the City Council finds that pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effect as identified in the Final EIR.

Rationale
All projects within the Specific Plan Area would be subject to Mitigation Measure TRA-1, which requires that, in the event that a proposed development does not meet the floor area ratio and/or dwelling unit per acre requirements outlined in Council Policy 1.2.8, all subsequent projects in the project area will be required to prepare a project specific VMT analyses to confirm that the proposed development would not result in a potential increase in VMT.

Upon implementation of Mitigation Measure TRA-1, VMT impacts would be reduced to less than significant levels. As such, this impact would be less than significant with mitigation incorporated. (DEIR page 3.15-12) Implementation of Mitigation Measure TRA-2 would require the developer or the construction contractor of the project to prepare and implement a TTC that is consistent with the most recent CA-MUTCD, Part 6: Temporary Traffic Control and City of Sunnyvale TTC guidelines and that meets with the approval of the City of Sunnyvale Division of Transportation and Traffic. Thus, Mitigation Measure TRA-2 would reduce the temporary impact and offset the project’s contribution to this cumulative impact. Additionally, construction traffic impacts would be localized and temporary. (DEIR page 3.15-17)
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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 55 9 FINDINGS REGARDING IMPACTS THAT CANNOT BE

MITIGATED BELOW A LEVEL OF SIGNIFICANCE
This section identifies the significant and unavoidable impacts that require a statement of overriding considerations to be issued by the City Council, pursuant to Section 15093 of the CEQA Guidelines, if the proposed project is approved.

Based on the analysis contained in the EIR, project implementation has the potential to generate a significant and unavoidable impacts associated with air quality (Individual and Cumulative Construction-Related Air Quality Emissions) and utilities and service systems (Cumulative Demand for Utility Services and Associated Infrastructure).

9.1 SECTION 3.2: AIR QUALITY
Impact 3.2.2: Cumulatively Considerable Net Increase of any Criteria Pollutant for Which the Project Region is Non-attainment Under an Applicable Federal or State Ambient Air Quality Standard During Construction
Quantifying the air quality pollutant emissions from future, short-term, temporary construction activities allowed under the proposed Specific Plan Area is not possible due to project-level variability and uncertainties related to future individual projects in terms of detailed site plans, construction schedules, equipment requirements, etc., which are not currently determined. However, depending on how development proceeds, construction-generated emissions associated with the Specific Plan Area could potentially exceed BAAQMD thresholds of significance.

Therefore, future project-level analyses of air quality impacts may be conducted on a case-by-case basis as individual, future development projects allowed under the Specific Plan proceed. The BAAQMD has promulgated methodology protocols for the preparation of air quality analyses. For instance, the BAAQMD has adopted thresholds of significance depicting the approximate level of construction-generated emissions that would result in a potentially significant impact (i.e., violation of an ambient air quality standard) for each pollutant of concern in the San Francisco Bay Area Air Basin (SFBAAB). The significance criteria established by the BAAQMD may be relied upon to make a determination of impact significance level. In addition, the BAAQMD recommends appropriate emissions modeling input parameters for the SFBAAB in addition to other recommended procedures for evaluating potential air quality impacts during the environmental review process consistent with CEQA requirements.

Projects estimated to exceed BAAQMD significance thresholds are required to implement mitigation measures in order to reduce air pollutant emissions as much as feasible. Such measures could include the requirement that all construction equipment employ the use of the most efficient diesel engines available, which are able to reduce NOX, PM10, and PM2.5 emissions by 60 to 90 percent (e.g., EPA-classified Tier 3 and/or Tier 4 engines), and/or that construction equipment be equipped with diesel particulate filters. Furthermore, all development projects in the SFBAAB are subject to BAAQMD rules and regulations adopted to reduce air pollutant emissions. For example, BAAQMD Regulation 8, Rule 3: Architectural Coatings, limits the quantity of volatile organic compounds in architectural coatings supplied, sold, offered for sale, applied, solicited for application, or manufactured for use within the district. Regulation 8, Rule 15 Emulsified and Liquid Asphalts, limits the emissions of volatile organic compounds caused by the use of emulsified and liquid asphalt in paving materials and paving and maintenance operations.

The quantification of air quality emissions from short-term, temporary construction activities associated with the proposed Specific Plan Area is not possible due to project-level variability and uncertainties related to future individual projects in terms of market conditions of development, detailed site plans, construction schedules, equipment requirements, etc. However, all construction projects can produce O3 precursors and nuisance dust emissions. Therefore, future project-level analyses of air quality impacts, in accordance with CEQA requirements, would be required to be conducted on a case-by-case basis as individual, future development projects allowed in the proposed Specific Plan Area proceed. While the BAAQMD has promulgated methodology protocols for the preparation of air quality analyses, and future development projects allowed under the Specific Plan that are projected to exceed BAAQMD significance thresholds are required to implement mitigation measures in order to Attachment 6

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
56 El Camino Real Specific Plan Environment Impact Report reduce air pollutant emissions as much as feasible, BAAQMD significance thresholds may still be exceeded during project construction. Since it cannot be guaranteed that construction of future projects allowed under the Specific Plan would generate air pollutant emissions below BAAQMD significance thresholds due to the programmatic and conceptual nature of the proposed project and uncertainties related to future individual projects, this is considered a significant impact. Impacts associated with project construction emissions would be reduced through implementation of Mitigation Measures AQ-1 and AQ-2. Mitigation Measure AQ-1 would require the project to implement BAAQMD’s basic construction mitigation measures. Mitigation Measure AQ-2 would require CARB Tier 3 or better engine standards for construction projects which exceed BAAQMD significance thresholds. Although Mitigation Measures AQ-1 and AQ-2 would reduce construction-generated air pollutants, impacts would remain significant and unavoidable.

Mitigation Measures
Mitigation Measure AQ-1
Prior to the issuance of grading or building permits, the City of Sunnyvale shall ensure that the Bay Area Air Quality Management District’s (BAAQMD) basic construction mitigation measures from Table 8-2of the BAAQMD 2017 CEQA Air Quality Guidelines (or subsequent updates) are noted on the construction documents. These basic construction mitigation measures include the following:
1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3) All visible mud or dirt track-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. 4) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. 5) 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. 6) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points
7) All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
8) A publicly visible sign shall be posted with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Mitigation Measure AQ-2
In the cases where construction projects are projected to exceed the Bay Area Air Quality Management District’s air pollutant significance thresholds for NOX, PM10, and/or PM2.5, all off-road diesel-fueled equipment (e.g., rubber-tired dozers, graders, scrapers, excavators, asphalt paving equipment, cranes, and tractors) shall be at least California Air Resources Board (CARB) Tier 3 Certified or better.

Finding
The City Council finds that feasible mitigation measures would not reduce the identified significant cumulative impact to a level below significant. Therefore, this impact would remain significant and unavoidable. However, pursuant to PRC Section 21081(b), see the Statement of Overriding Considerations for the specific overriding economic, legal, social, technological, and other benefits of the project that outweigh this significant and unavoidable impact.

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 57 Rationale
Implementation of adopted Mitigation Measure AQ-1 and AQ-2 is required. However, quantifying the air quality pollutant emissions from future, short-term, temporary construction activities allowed under the proposed Specific Plan Area is not possible due to project-level variability and uncertainties related to future individual projects in terms of detailed site plans, construction schedules, equipment requirements, etc., which are not currently determined.

However, depending on how development proceeds, construction-generated emissions associated with the Specific Plan Area could potentially exceed BAAQMD thresholds of significance. Therefore, future project-level analyses of air quality impacts may be conducted on a case-by-case basis as individual, future development projects allowed under the Specific Plan proceed. The BAAQMD has promulgated methodology protocols for the preparation of air quality analyses. For instance, the BAAQMD has adopted thresholds of significance depicting the approximate level of construction-generated emissions that would result in a potentially significant impact (i.e., violation of an ambient air quality standard) for each pollutant of concern in the SFBAAB. The significance criteria established by the BAAQMD may be relied upon to make a determination of impact significance level. In addition, the BAAQMD recommends appropriate emissions modeling input parameters for the SFBAAB in addition to other recommended procedures for evaluating potential air quality impacts during the environmental review process consistent with CEQA requirements.

Therefore, even with the implementation of adopted Mitigation Measures AQ-1 and AQ-2, the project would result in a cumulatively considerable and significant and unavoidable impact. (DEIR page 3.2-23)

9.2 CUMULATIVE IMPACTS
Impact 3.2.8: Contribute to Cumulative Impacts Related to a Net Increase in Non-attainment Criteria Pollutants
The cumulative setting for air quality includes Sunnyvale and the SFBAAB. The SFBAAB is designated as a nonattainment area related to the State standards for O3, PM10, and PM2.5 in addition to federal O3 and PM2.5 standards. The SFBAAB is designated as being unclassified and/or attainment for all other pollutants.

Impact 3.2.2 of the DEIR determined that buildout of the Specific Plan, in combination with cumulative development in the SFBAAB, would result in a cumulatively considerable net increase of criteria air pollutants for which the air basin is designated nonattainment during construction. Although the DEIR required implementation of adopted Mitigation Measures AQ-1 and AQ-2 (i.e., measures to reduce construction-generated air pollutants from development under the project), it could not be guaranteed that construction of subsequent projects allowed under the Specific Plan would generate air pollutant emissions below BAAQMD significance thresholds due to the programmatic and conceptual nature of the proposed project and uncertainties related to future subsequent projects. Therefore, the impact would be cumulatively considerable and significant and unavoidable.

The specific construction activities under future individual projects proposed under the Specific Plan are currently unknown, so it is impossible to determine whether the mitigation measures would fully mitigate this temporary impact below BAAQMD thresholds. In addition, implementation of the project would result in project-generated emissions of ROG, NOX, PM10, and PM2.5 from construction phase activity, material and equipment delivery trips, worker commute trips, and other miscellaneous activities (e.g., application of architectural coatings).

Therefore, although Mitigation Measures AQ-1 and AQ-2 would reduce construction-generated air pollutants, because the project would contribute to the potential cumulative impact related to criteria pollutant emissions during construction, the project would be cumulatively considerable and significant and unavoidable.

Mitigation Measures
Although Mitigation Measures AQ-1 and AQ-2 would reduce construction-generated air pollutants, the project would be cumulatively considerable and significant and unavoidable. No other known mitigation is available to address this cumulative impact.

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
58 El Camino Real Specific Plan Environment Impact Report Finding
The City Council finds that there are no feasible mitigation measures that would reduce the identified significant cumulative impact to a level below significant. Therefore, this impact would remain significant and unavoidable.

However, pursuant to PRC Section 21081(b), see the Statement of Overriding Considerations for the specific overriding economic, legal, social, technological, and other benefits of the project that outweigh this significant and unavoidable impact.

Rationale
Implementation of adopted Mitigation Measure AQ-1 and AQ-2 is required. However, quantifying the air quality pollutant emissions from future, short-term, temporary construction activities allowed under the proposed Specific Plan Area is not possible due to project-level variability and uncertainties related to future individual projects in terms of detailed site plans, construction schedules, equipment requirements, etc., which are not currently determined.

However, depending on how development proceeds, construction-generated emissions associated with the Specific Plan Area could potentially exceed BAAQMD thresholds of significance. Therefore, future project-level analyses of air quality impacts may be conducted on a case-by-case basis as individual, future development projects allowed under the Specific Plan proceed. The BAAQMD has promulgated methodology protocols for the preparation of air quality analyses. For instance, the BAAQMD has adopted thresholds of significance depicting the approximate level of construction-generated emissions that would result in a potentially significant impact (i.e., violation of an ambient air quality standard) for each pollutant of concern in the SFBAAB. The significance criteria established by the BAAQMD may be relied upon to make a determination of impact significance level. In addition, the BAAQMD recommends appropriate emissions modeling input parameters for the SFBAAB in addition to other recommended procedures for evaluating potential air quality impacts during the environmental review process consistent with CEQA requirements.

Therefore, even with the implementation of adopted Mitigation Measures AQ-1 and AQ-2, the project would result in a cumulatively considerable and significant and unavoidable impact. (DEIR page 3.2-34) Impact 3.16.6: Contribute to Cumulative Impacts on Wastewater Services Because wastewater services are provided by the City, the cumulative setting for wastewater services includes full buildout of Sunnyvale, which is expected to occur in 2035. It also includes the Rancho Rinconada area in Cupertino and a portion of Moffett Field/NASA Ames. As identified under subsection 3.16.1,Existing Setting, of the DEIR, additional wastewater treatment and infrastructure capacity improvements would be needed to serve future development in the City. Implementation of the Specific Plan would increase the allowable development potential within the project area. An increase in housing units and non-residential development would equate to an increase in wastewater that would be conveyed to City facilities for treatment. The projected wastewater flows for the WPCP in 2035 is 19.5 mgd of average dry weather flow (ADWF). Projected flows were based on historic and existing flow data and population and growth assumptions in the City’s LUTE. The WPCP’s future planned, permitted capacity (19.5 mgd of ADWF) is equivalent to the projected 2035 ADWF (19.5 mgd). Therefore, there would not be sufficient planned capacity at the WPCP to treat wastewater for existing and planned development, as well as buildout of the Specific Plan. Since the approval of the City’s LUTE in 2017, multiple large-scale planning projects have been adopted or are in-process, including the Lawrence Station Area Plan, Moffett Park Specific Plan, the Downtown Specific Plan, and the El Camino Real Specific Plan. Each of these plans change the makeup of the City’s land uses, and as such changes the amount of anticipated future capacity required at the City’s WPCP. In response to these planning efforts, the City has identified the need for potential increased long-term capacity at the WPCP. As of the preparation of this EIR, the City is evaluating the amount of capacity needed, given approved and in-process land use planning efforts. Ultimately, the City will be updating the WPCP Master Plan to include sufficient treatment capacity for existing and planned development and additional growth, and subsequent environmental review for the WPCP Master Plan update shall be completed by the City at that time. The specific design and improvements needed are unknown at this time.

Therefore, it is speculative to evaluate the environmental impacts of those undetermined improvements at this time.

Thus, the project’s contribution to this impact would be cumulatively considerable and significant and unavoidable.

Mitigation Measures
No mitigation is available to address this cumulative impact.

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 59 Finding
The City Council finds that there are no feasible mitigation measures that would reduce the identified significant cumulative impact to a level below significant. Therefore, this impact would remain significant and unavoidable.

However, pursuant to PRC Section 21081(b), see the Statement of Overriding Considerations for the specific overriding economic, legal, social, technological, and other benefits of the project that outweigh this significant and unavoidable impact.

Rationale
As discussed above, the planned capacity at the WPCP would not be sufficient to treat wastewater for existing and planned development and buildout of the Specific Plan. The City will be updating the WPCP Master Plan in the near future to include sufficient treatment capacity for existing and planned development and additional growth, including the proposed project, and subsequent environmental review for the WPCP Master Plan update shall be completed by the City. The specific design and improvements needed are unknown at this time. Therefore, it is speculative to evaluate the environmental impacts of those undetermined improvements at this time. Because there would not be sufficient planned capacity at the WPCP to treat wastewater for existing and planned development plus the project, the cumulative impact on wastewater treatment would be cumulatively considerable and significant and unavoidable. (DEIR page 3.16-31)
10 FINDINGS REGARDING ALTERNATIVES
Section 15126.6(a) of the CEQA Guidelines requires the discussion of “a reasonable range of alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives.” The Final EIR identified and considered the following reasonable range of feasible alternatives to the proposed project; these alternatives would be capable, to varying degrees, of reducing identified impacts:

Ź Alternative 1: No Project Alternative
Ź Alternative C: Commercial Focus Alternative
Ź Alternative M: Mixed-Use Focus Alternative
Ź Alternative R: Residential Focus Alternative
These alternatives are evaluated for their ability to avoid or substantially lessen the impacts of the proposed project identified in the Final EIR, as well as for their ability to meet the basic objectives of the proposed project as described in the Final EIR.

10.1 NO PROJECT ALTERNATIVE

DESCRIPTION
CEQA Guidelines Section 15126.6(e)(1) requires that the “no project” alternative be described and analyzed “to allow decision makers to compare the impacts of approving the project with the impacts of not approving the project.” The no project analysis is required to discuss “the existing conditions at the time the notice of preparation is published…as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services” (Section 15126.6[e][2]). The CEQA Guidelines continue:

If the project is…a development project on identifiable property, the no project alternative is the circumstance under which the project does not proceed. Here the discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which Attachment 6

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60 El Camino Real Specific Plan Environment Impact Report would occur if the project were approved. If disapproval of the project under consideration would result in predictable actions by others, such as the proposal of some other project, this ”no project” consequence should be discussed. In certain instances, the no project alternative means ”no build” wherein the existing environmental setting is maintained. However, where failure to proceed with the project will not result in preservation of existing environmental conditions, the analysis should identify the practical result of the project’s non-approval and not create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment. (Section 15126.6[e][3][B]) Under Alternative 1, the No Project Alternative, no actions would be taken and the Specific Plan would not be adopted. In the absence of the Specific Plan, the project area would continue to be governed by existing zoning and General Plan designations. Development in the project area would be expected to occur, consistent with the Land Use and Transportation Element (LUTE) that was adopted in 2017. With implementation of the LUTE, the El Camino Real corridor would support new and retain existing community and regional retail uses and accommodate residential uses in several areas along the corridor, including up to 4,200 additional housing units (over existing levels) consisting primarily of mixed-use commercial and residential projects and higher-density apartments. This growth would be consistent with the policies in the approved 2007 Precise Plan for El Camino Real. When comparing Alternative 1 (No Project Alternative) to the proposed project, Alternative 1 would result in 220,000 more square feet of commercial uses but 2,700 fewer residential than the proposed project.

FINDING
Implementation of this alternative would reduce all identified significant impacts of the project. However, the No Project Alternative would not meet the project objectives. The City Council rejects the No Project Alternative as undesirable because it fails the project’s underlying purpose and does not meet any of the project objectives.

RATIONALE
As stated above, this alternative does not meet the project objectives. In addition, this alternative would not contribute to the City’s goals relative to GHG emissions reduction and land use and planning, as described below.

GHG Emissions
Compared to the proposed project, the reduced development intensity allowed under the 2017 LUTE would proportionally reduce the project’s greenhouse gas (GHG) emissions. However, this reduction in GHG emissions would still be considered less than significant which is the same as the proposed project. Further, this alternative would not achieve several plays included within the City’s Climate Action Playbook (i.e., Play 3.1 [Increase opportunities for and encourage development of mixed-use sites to reduce vehicle miles per person] and Play 3.2 [Increase transportation options and support shared mobility]). In comparison, the proposed project proposes a mixed-use corridor consisting of commercial and high-density residential uses in a PDA. Therefore, the project would facilitate lower VMT given its proximity to transit and other destinations. As such, this alternative would be environmentally inferior to the proposed project.

Land Use and Planning
The project would not conflict with any applicable land use plans, policies, or regulations. As with the proposed project, development occurring pursuant to the 2017 LUTE would be analyzed to ensure consistency with the goals, objectives, and policies of the General Plan, SMC, and Plan Bay Area 2040. However, development pursuant to the No Project Alternative would fail to achieve several General Plan policies. For example, the No Project Alternative would not uphold the City’s policy to integrate land use planning in Sunnyvale and the regional transportation system (General Plan Policy LT-6) nor would the No Project Alternative reduce regional vehicle miles traveled by supporting active modes of transportation including walking, biking, and public transit (General Plan Policy LT-7). The No Project Alternative would not promote modes of travel and actions that provide safe access to City streets and reduce single- occupant vehicle trips and trip lengths locally and regionally (General Plan Policy LT-24), nor would this alternative encourage nodes of interest and activity, public open spaces, well-planned development, mixed-use projects, Attachment 6

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El Camino Real Specific Plan Environmental Impact Report 61 signature commercial uses, and buildings and other desirable uses, locations, and physical attractions (General Plan Policy LT-50). The No Project Alternative also would not achieve relevant Plan Bay Area 2040 goals and targets as well as the proposed project. For example, the No Project Alternative would allow for an increase of 2,700 dwelling units (or 8,500 dwelling units total) over that currently allowed with future buildout of the General Plan, thus better fulfilling Plan Bay Area 2040 Adequate Housing, Target 2 (House the region's population). The No Project Alternative would also fail to achieve Plan Bay Area 2040 Transportation System Effectiveness, Target 11 (Increase non-auto mode share), since the improved streetscapes, and safer, more enjoyable environments for walking.

10.2 ALTERNATIVE C: COMMERCIAL FOCUS ALTERNATIVE

DESCRIPTION
Alternative C is the Commercial Focus Alternative, which would result in more commercial use and less residential use than the proposed project. Alternative C would result in 4,400,000 square feet of commercial use, which represents an increase of 420,000 square feet over the proposed project (3,980,000 square feet), but 3,500 fewer residential units (5,000 instead of 8,500).

FINDING
For the reasons set forth below and more fully described in Final EIR and in the record of proceeding, the City Council finds that Alternative C is undesirable because it fails the project’s underlying purpose, does not meet several of the project objectives, and was found to be environmentally inferior to the project in multiple environmental topic areas as discussed below.

RATIONALE
This alternative would not contribute to the City’s goals relative to air quality; energy; GHG emissions reduction; land use and planning; and transportation, as described below.

Air Quality
Compared to the proposed project, the Commercial Focus Alternative would result in additional commercial development and fewer residential units. The compact, higher density, mixed-use development proposed under the project would reduce VMT given its proximate location to transit and other destinations, upholding several transportation control measures included in the 2017 Clean Air Plan. In contrast, the Commercial Focus Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of residential uses proposed under this alternative. As such, this alternative would have the potential of conflicting with the 2017 Clean Air Plan. Compared to the proposed project, this alternative would likely result in similar short-term construction and long-term operational air quality emissions and is not expected to reduce the project’s significant unavoidable impacts related to short-term construction emissions. Based on this alternative’s potential to conflict with the 2017 Clean Air Plan, this alternative would be environmentally inferior to the proposed project.

Energy
The high-density mixed-use nature of the project and its support of active modes of transportation (i.e., walking, biking, and public transit) would reduce transportation-related fuel consumption by reducing VMT. Compared to the proposed project, the Commercial Focus Alternative would result in additional commercial development and less residential units, thereby reducing the jobs/housing balance and increasing VMT. Since the Commercial Focus Alternative would likely result in greater transportation-related fuel consumption, this alternative would be environmentally inferior to the proposed project.

GHG Emissions
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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
62 El Camino Real Specific Plan Environment Impact Report Compared to the proposed project, the Commercial Focus Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of residential uses proposed under this alternative. As a result, it would be assumed that the Commercial Focus Alternative would result in greater mobile source emissions than the proposed project. Further, this alternative would not achieve Climate Action Playbook Play 3.1 (Increase opportunities for and encourage development of mixed-use sites to reduce vehicle miles per person) as well as the proposed project. In comparison, the proposed project proposes a mixed-use corridor consisting of commercial and high-density residential uses in a PDA. Therefore, the project would facilitate lower VMT given its proximity to transit and other destinations. As such, this alternative would be environmentally inferior to the proposed project.

Land Use and Planning
The project would not conflict with any applicable land use plans, policies, or regulations. As with the proposed project, development facilitated by the Commercial Focus Alternative would be analyzed to ensure consistency with the goals, objectives, and policies of the General Plan, SMC, and Plan Bay Area 2040. However, development pursuant to the Commercial Focus Alternative would not achieve the City’s General Plan Policy LT-63’s intent to allow higher-residential density zoning districts in El Camino Real nodes to the extent of the proposed project. The Commercial Focus Alternative also would not achieve Plan Bay Area 2040 Adequate Housing, Target 2 (House the region's population) to the extent of the proposed project, allowing for 3,500 fewer residential units than the proposed project. As such, this alternative would be environmentally inferior to the proposed project.

Transportation
The project would not result in impacts relative to VMT; existing or planned transit/bicycle/pedestrian facilities or conflicts with programs, plans, ordinances, or policies addressing transit/bicycle/pedestrian facilities; increased hazards due to geometric design; or emergency access. Like the proposed project, development occurring under the Commercial Focus Alternative would be subject to conformance with Mitigation Measure TRA-1, which requires the project to prepare a construction management plan for approval by the City of Sunnyvale that identifies the duration of construction, number of trucks, truck routing, number of employees, truck idling, and lane closures, would reduce project-related construction impacts to a less than significant level. However, the compact, higher density mixed-use development proposed under the project would reduce VMT given its proximate location to transit and other destinations. In contrast, the Commercial Focus Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of residential uses proposed under this alternative. As such, this alternative would be environmentally inferior to the proposed project.

10.3 ALTERNATIVE M: MIXED-USE FOCUS ALTERNATIVE

DESCRIPTION
Alternative M is the Mixed-Use Alternative, which would result in less commercial use and more residential use than Alternative C, but more commercial use and less residential uses than the proposed project. Alternative M would result in 120,000 SF of additional commercial use compared to the proposed project (4,100,000 instead of 3,980,000 SF), but 2,400 fewer residential units (6,100 instead of 8,500).

FINDING
For the reasons set forth below and more fully described in Final EIR and in the record of proceeding, the City Council finds that Alternative M is undesirable because it fails the project’s underlying purpose, does not meet several of the project objectives, and was found to be environmentally inferior to the project in multiple environmental topic areas as discussed below.

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El Camino Real Specific Plan Environmental Impact Report 63

RATIONALE
This alternative would not contribute to the City’s goals relative to air quality; energy; GHG emissions reduction; land use and planning; and transportation, as described below.

Air Quality
Compared to the proposed project, the Mixed-Use Alternative would result in 120,000 SF of additional commercial use compared to the proposed project (4,100,000 instead of 3,980,000 SF), but 2,400 fewer residential units (6,100 instead of 8,500). The Mixed-Use Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of residential uses proposed under this alternative. As such, this alternative would have the potential of conflicting with the 2017 Clean Air Plan. Compared to the proposed project, this alternative would likely result in similar short-term construction and long-term operational air quality emissions and is not expected to reduce the project’s significant unavoidable impacts related to short-term construction emissions. Based on this alternative’s potential to conflict with the 2017 Clean Air Plan, this alternative would be environmentally inferior to the proposed project.

Energy
The high-density mixed-use nature of the project and its support of active modes of transportation (i.e. walking, biking, and public transit) would reduce transportation-related fuel consumption by reducing VMT. Compared to the proposed project, the Mixed-Use Alternative would result in 120,000 SF of additional commercial use compared to the proposed project (4,100,000 instead of 3,980,000 SF), but 2,400 fewer residential units (6,100 instead of 8,500), thereby reducing the jobs/housing balance and increasing VMT. Since the Mixed-Use Alternative would likely result in greater transportation-related fuel consumption, this alternative would be environmentally inferior to the proposed project.

GHG Emissions
Compared to the proposed project, the Mixed-Use Alternative would be expected to result in greater VMT than the proposed project, based on the overall increase in commercial uses and reduction of residential uses proposed under this alternative. As a result, it would be assumed that the Mixed-Use Alternative would result in greater mobile source emissions than the proposed project. Further, this alternative would not achieve Climate Action Playbook Play 3.1 (Increase opportunities for and encourage development of mixed-use sites to reduce vehicle miles per person) as well as the proposed project. In comparison, the proposed project proposes a mixed-use corridor consisting of commercial and high-density residential uses in a PDA. Therefore, the project would facilitate lower VMT given its proximity to transit and other destinations. As such, this alternative would be environmentally inferior to the proposed project.

Land Use and Planning
The project would not conflict with any applicable land use plans, policies, or regulations. As with the proposed project, development facilitated by the Mixed-Use Alternative would be analyzed to ensure consistency with the goals, objectives, and policies of the General Plan, SMC, and Plan Bay Area 2040. As the Mixed-Use Alternative would result in more commercial use and fewer residential uses than the proposed project, development pursuant to the Mixed-Use Alternative would not achieve the City’s General Plan Policy LT-63’s intent to allow higher-residential density zoning districts in El Camino Real nodes to the extent of the proposed project. The Mixed-Use Alternative also would not achieve Plan Bay Area 2040 Adequate Housing, Target 2 (House the region's population) to the extent of the proposed project, allowing for 3,500 fewer residential units than the proposed project. As such, this alternative would be environmentally inferior to the proposed project.

Transportation
The project would not result in impacts relative to VMT; existing or planned transit/bicycle/pedestrian facilities or conflicts with programs, plans, ordinances, or policies addressing transit/bicycle/pedestrian facilities; increased hazards due to geometric design; or emergency access. Like the proposed project, development occurring under the Mixed-Use Alternative would be subject to conformance with Mitigation Measure TRA-1, which requires the project to Attachment 6

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
64 El Camino Real Specific Plan Environment Impact Report prepare a construction management plan for approval by the City of Sunnyvale that identifies the duration of construction, number of trucks, truck routing, number of employees, truck idling, and lane closures, would reduce project-related construction impacts to a less than significant level. The compact, higher density mixed-use development proposed under the project would reduce VMT given its proximate location to transit and other destinations. In contrast, the Mixed-Use Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of residential uses proposed under this alternative. As such, this alternative would be environmentally inferior to the proposed project.

10.4 ALTERNATIVE R: RESIDENTIAL FOCUS ALTERNATIVE

DESCRIPTION
Alternative R is the Residential Focus Alternative, which would result in the same amount of commercial use as the proposed project (3,980,000 SF), but fewer residential units (6,700 instead of 8,500). Alternative R would result in 1,800 fewer residential units than the proposed project.

FINDING
For the reasons set forth below and more fully described in Final EIR and in the record of proceeding, the City Council finds that Alternative R is undesirable because it fails the project’s underlying purpose, does not meet several of the project objectives, and was found to be environmentally inferior to the project in multiple environmental topic areas as discussed below.

RATIONALE
This alternative would not contribute to the City’s goals relative to air quality; energy; GHG emissions reduction; land use and planning; and transportation, as described below.

Air Quality
Compared to the proposed project, the Residential Focus Alternative would result in additional residential units and less commercial development. The compact, higher density mixed-use development proposed under the project would reduce VMT given its proximate location to transit and other destinations, upholding several transportation control measures included in the 2017 Clean Air Plan. In contrast, the Residential Focus Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of commercial uses proposed under this alternative. As such, this alternative would have the potential of conflicting with the 2017 Clean Air Plan.

Compared to the proposed project, this alternative would likely result in similar short-term construction and long- term operational air quality emissions and is not expected to reduce the project’s significant unavoidable impacts related to short-term construction emissions. Based on this alternative’s potential to conflict with the 2017 Clean Air Plan, this alternative would be environmentally inferior to the proposed project.

Energy
The high-density mixed-use nature of the project and its support of active modes of transportation (i.e. walking, biking, and public transit) would reduce transportation-related fuel consumption by reducing VMT. Compared to the proposed project, the Residential Focus Alternative would result in additional residential units and less commercial development, thereby reducing the jobs/housing balance and increasing VMT. Since the Commercial Focus Alternative would likely result in greater transportation-related fuel consumption, this alternative would be environmentally inferior to the proposed project.

GHG Emissions
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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 65 Compared to the proposed project, the Residential Focus Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of commercial development and increase of residential units proposed under this alternative. As a result, it would be assumed that the Residential Focus Alternative would result in greater mobile source emissions than the proposed project. Further, this alternative would not achieve Climate Action Playbook Play 3.1 (Increase opportunities for and encourage development of mixed-use sites to reduce vehicle miles per person) as well as the proposed project. In comparison, the proposed project proposes a mixed-use corridor consisting of commercial and high-density residential uses in a PDA. Therefore, the project would facilitate lower VMT given its proximity to transit and other destinations. As such, this alternative would be environmentally inferior to the proposed project.

Land Use and Planning
The project would not conflict with any applicable land use plans, policies, or regulations. As with the proposed project, development facilitated by the Residential Focus Alternative would be analyzed to ensure consistency with the goals, objectives, and policies of the General Plan, SMC, and Plan Bay Area 2040. As commercial use would remain the same as the proposed project, but there would be fewer residential uses than the proposed project, development pursuant to the Residential Focus Alternative would not achieve the City’s General Plan Policy LT-63’s intent to allow higher-residential density zoning districts in El Camino Real nodes to the extent of the proposed project. The Residential Focus Alternative also would not achieve Plan Bay Area 2040 Adequate Housing, Target 2 (House the region's population) to the extent of the proposed project. As such, this alternative would be environmentally inferior to the proposed project.

Transportation
The project would not result in impacts relative to VMT; existing or planned transit/bicycle/pedestrian facilities or conflicts with programs, plans, ordinances, or policies addressing transit/bicycle/pedestrian facilities; increased hazards due to geometric design; or emergency access. Like the proposed project, development occurring under the Mixed-Use Alternative would be subject to conformance with Mitigation Measure TRA-1, which requires the project to prepare a construction management plan for approval by the City of Sunnyvale that identifies the duration of construction, number of trucks, truck routing, number of employees, truck idling, and lane closures, would reduce project-related construction impacts to a less than significant level.

The compact, higher density, mixed-use development proposed under the project would reduce VMT given its proximate location to transit and other destinations. In contrast, the Residential Focus Alternative would be expected to result in greater VMT than the proposed project, based on the overall reduction of residential uses proposed under this alternative. As such, this alternative would be environmentally inferior to the proposed project. 11 STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to PRC Section 21081(b) and State CEQA Guidelines Section 15093(a) and (b), the City Council is required to balance, as applicable, the economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of the project, including regionwide or statewide environmental benefits, outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (State CEQA Guidelines Section 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093[b]).

In accordance with the requirements of CEQA and the State CEQA Guidelines, the City Council finds that the mitigation identified in the Final EIR and the MMRP, would avoid or substantially lessen most of the potentially significant environmental impacts of the project. However, project implementation would result in significant and Attachment 6

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
66 El Camino Real Specific Plan Environment Impact Report unavoidable impacts to air quality (Individual and Cumulative Construction-Related Air Quality Emissions) and utilities and service systems (Cumulative Demand for Utility Services and Associated Infrastructure).

The City Council finds that mitigation identified in the Final EIR within the purview of the City would be implemented with implementation of the project and that the remaining significant and unavoidable impacts are outweighed and are found to be acceptable because of the following specific overriding economic, legal, social, technological, or other benefits based on the facts set forth above, the Final EIR, and the record, as follows:

1. The City and the surrounding Silicon Valley region are currently experiencing a severe housing shortage, especially considering the existing jobs-to-housing imbalance. Increased residential development potential under the ECRSP will lead to construction of much-needed housing and increase the variety of housing options available, including incentives and requirements to build affordable units.

2. The ECRSP provides housing sites that would assist the City in meeting its RHNA of 11,966 residential units for the 2022–2030 Housing Element Update.

3. The ECRSP promotes a variety of affordable and market-rate housing options close to commercial uses, including smaller units such as studios, single-room occupancy, and microunits that are available to serve residents at all income levels. The plan also ensures new development does not displace existing residents without proper relocation commitments.

4. The ECRSP’s residential density structure encourages the use of the State Density Bonus and further incentivizes provision of affordable housing through density incentives for very low-income units exceeding the State Density Bonus maximums.

5. The ECRSP capitalizes on the plan area’s designation as a regional priority development area (PDA) by allowing higher density and walkable infill development near existing community-serving retail/commercial services and multiple regional bus lines and shuttles. The existing auto-oriented commercial land use pattern would be transformed into an active mixed-use environment with greater emphasis on the needs of transit riders, pedestrians, and bicyclists, while still maintaining a commercial presence when appropriate.

6. The ECRSP promotes a balanced street system that efficiently supports a multimodal transportation network. The plan prioritizes strong pedestrian and bicycle linkages through the corridor with contiguous sidewalks, walking paths, and bicycle lanes. Transit will be easily accessible from higher-density mixed-use development along the corridor. The provision of wide sidewalks and streetscape amenities will promote a strong sense of place and increase safety for pedestrians, transit riders, and bicyclists. Increased access to multimodal transportation systems gives individuals greater choice and control over their mobility.

7. The ECRSP helps to implement the City’s Complete Streets policy, Active Transportation Plan (ATP), Roadway Safety Plan, and Vision Zero Plan to improve the accessibility, mobility, and safety for all people who use the corridor. The emphasis on complete streets will improve the quality of life for residents living in and around the plan area. Moreover, these measures would help move the City toward its goal to becoming a complete, sustainable community that is less dependent on automobiles.

8. The ECRSP offers the potential for vibrant destinations in a people-friendly environment while continuing to be the community-serving arterial residents will use for their daily needs. The corridor will evolve into a dynamic place where people live, work, shop, and gather. The ECRSP Community Benefits and Incentives Program incentivizes new publicly-accessible open spaces for new and existing residents.

9. The ECRSP is consistent with the guiding principles of the Grand Boulevard Initiative, a collaboration of local and regional agencies united to improve the performance, safety, and aesthetics of the El Camino Real corridor. In particular, the plan includes:
a. Housing growth in strategic nodes along the corridor, providing opportunities to integrate residential uses, amenities, and services with transit accessibility.
b. Policies for compact mixed-use development and high-quality urban design and construction.

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 67 c. Policies and design guidelines to create a vibrant pedestrian-oriented environment with improved public spaces and streetscapes, which would seamlessly connect the public realm with private development. d. Prioritization of multimodal transportation and emphasis on improvements to bicycle, pedestrian, and transit networks.
e. Retention of on-street parking in key locations.
f. Design guidelines to enhance the community character and respect the existing quality of life in adjacent neighborhoods.
g. Improved public health and safety through policies that encourage walking and bicycling and access to healthy foods via improved sidewalks and bicycle facilities, new connections, and pedestrian-oriented building siting and design.
h. Incentives for new publicly-accessible pedestrian and bicycle pathways. i. Policies and incentives for sustainable development.

10. The ECRSP would help achieve the City’s Climate Action Playbook 2.0 emission reduction goals by concentrating mixed-use development along a transit corridor and enhancing infrastructure that is supportive of multimodal transportation. These strategies increase opportunities for shared mobility, fast and reliable transit use, less reliance on single-occupant vehicle trips, and reduced vehicle miles traveled (VMT) per person. Lower VMT leads to less greenhouse gas emissions, energy efficiency, and improved air quality and public health.

11. The ECRSP prioritizes sustainability in new development. Environmentally-efficient modes of transportation will be prioritized in road improvements. New development will be low-impact and use green building techniques to reduce energy and water use. Sustainable development and green building measures above and beyond standard requirements are incentivized through the ECRSP Community Benefits and Incentives Program.

Development in transit-oriented, higher density, and mixed-use areas will reduce automobile reliance and improve the sustainability of residents and the larger plan area.

12. The ECRSP creates a supportive environment for small and local businesses by placing residential uses within walking distance of existing and future commercial uses in nodes. Auto dealerships and other regional-drawing businesses will be supported alongside small businesses. Commercial uses outside node areas will thrive and benefit from increased population and mobility improvements along the corridor.

13. New design guidelines will ensure high-quality design and building scale transitions to adjacent lower density development. Building mass and landscaping buffers will help preserve the quality of life of adjacent neighborhoods. Building architecture will respect the existing neighborhood character while providing a new standard of design and quality for future development.

14. The ECRSP’s EIR incorporates all feasible mitigation measures to reduce potential environmental impacts to the greatest extent feasible. No feasible mitigation measures or alternatives have been identified that would mitigate the significant and unavoidable adverse effects of the project and still meet the project objectives.

15. In addition to paying the required Transportation Impact Fee (TIF), projects are also required to pay the ECRSP TIF, which is a fair-share contribution towards relieving traffic congestion and improving transit travel times.

In addition, the adoption of the ECRSP accomplishes the goals of the General Plan, including the following:

COMMUNITY VISION
GOAL I: Long-Range Planning: To engage in long-range physical, fiscal and economic development planning so as to create and sustain an outstanding quality of life in a community with appropriate balances between jobs and residences, development and supporting infrastructure, and the demand for services and the fiscal ability to provide them.

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
68 El Camino Real Specific Plan Environment Impact Report GOAL II: Attractive Community: To maintain and enhance the appearance of Sunnyvale, and to distinguish it from surrounding communities, through the promotion of high quality architecture, the preservation of historic districts and structures, the maintenance of a healthy urban forest, and the provision of abundant and attractive open space.

GOAL III: Environmental Sustainability: To promote environmental sustainability and remediation in the planning and development of the City, in the design and operation of public and private buildings, in the transportation system, in the use of potable water and in the recycling of waste.

GOAL VI: Affordable Housing Options: To provide a variety of housing options by style, size, density and tenure, so all segments of the population may find appropriate high-quality housing in Sunnyvale that is affordable to them.

GOAL X: Robust Economy: To retain, attract and support strong and innovative businesses, which provide quality jobs for the City’s workforce, tax revenue to support public services, and a positive reputation for Sunnyvale as a center of creativity and productivity.

GOAL XI: Balanced Transportation: To provide and maintain a balanced multi-modal transportation system which provides choice, convenience and efficiency for the movement of people and goods.

GOAL XII: Supportive Utilities: To provide and maintain water, sewer, solid waste disposal, and drainage facilities that are safe, efficient, and reliable, and which can develop sufficient capacity to meet the expected growth of the city.

GOAL XIII: Community Identity: To foster a strong sense of community which promotes participation in civic affairs, community pride and a sense of place.

LAND USE AND TRANSPORTATION
GOAL LT-1 COORDINATED REGIONAL AND LOCAL PLANNING - Protect the quality of life, the natural environment, and property investment, preserve home rule, secure fair share of funding, and provide leadership in the region.

GOAL LT-2 ENVIRONMENTALLY SUSTAINABLE LAND USE AND TRANSPORTATION PLANNING AND DEVELOPMENT - Support the sustainable vision by incorporating sustainable features into land use and transportation decisions and practices.

GOAL LT-3 AN EFFECTIVE MULTIMODAL TRANSPORTATION SYSTEM - Offer the community a variety of transportation modes for local travel that are also integrated with the regional transportation system and land use pattern. Favor accommodation of alternative modes to the automobile as a means to enhance efficient transit use, bicycling, and walking and corresponding benefits to the environment, person throughput, and qualitative improvements to the transportation system environment.

GOAL LT-4 AN ATTRACTIVE COMMUNITY FOR RESIDENTS AND BUSINESSES - In combination with the City’s Community Design sub-element, ensure that all areas of the City are attractive and that the City’s image is enhanced by following policies and principles of good urban design while valued elements of the community fabric are preserved.

GOAL LT-6 PROTECTED, MAINTAINED, AND ENHANCED RESIDENTIAL NEIGHBORHOODS - Ensure that all residential areas of the city are maintained and that neighborhoods are protected and enhanced through urban design which strengthens and retains residential character.

GOAL LT-7 DIVERSE HOUSING OPPORTUNITIES - Ensure the availability of ownership and rental housing options with a variety of dwelling types, sizes, and densities that contribute positively to the surrounding area and the health of the community.

GOAL LT-8 OPTIONS FOR HEALTHY LIVING Create a City development pattern and improve the City’s infrastructure in order to maximize healthy choices for all ages, including physical activity, use of the outdoors, and access to fresh food.

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Findings of Fact and Statement of Overriding Considerations City of Sunnyvale
El Camino Real Specific Plan Environmental Impact Report 69 GOAL LT-9 ADEQUATE AND BALANCED OPEN SPACE Provide and maintain adequate and balanced open space and recreation facilities for the benefit of maintaining a healthy community based on community needs and the ability of the City to finance, construct, maintain, and operate these facilities now and in the future.

GOAL LT-11 SUPPORTIVE ECONOMIC DEVELOPMENT ENVIRONMENT Facilitate an economic development environment that supports a wide variety of businesses and promotes a strong economy within existing environmental, social, fiscal, and land use constraints.

GOAL LT-12 A BALANCED ECONOMIC BASE – Develop a balanced economic base that can resist downturns of any one industry and provides revenue for City services.

GOAL LT-13 PROTECTED, MAINTAINED, AND ENHANCED COMMERCIAL AREAS, SHOPPING CENTERS, AND BUSINESS DISTRICTS Achieve attractive commercial centers and business districts and buildings that are maintained and allow a full spectrum of businesses that operate unencumbered.

GOAL LT-14 SPECIAL AND UNIQUE LAND USES TO CREATE A DIVERSE AND COMPLETE COMMUNITY Provide land use and design guidance so that special and unique areas and land uses can fulfill their distinctive purposes and provide a diverse and complete community fabric.

COMMUNITY CHARACTER
GOAL CC-1 DISTINGUISHED CITY IMAGE Promote Sunnyvale’s image by maintaining, enhancing and creating physical features, including functional and decorative art, which distinguish Sunnyvale from surrounding communities and by preserving historic buildings, special districts and residential neighborhoods which make the City unique.

GOAL CC-2 ATTRACTIVE STREET ENVIRONMENT Create an attractive street environment which will complement private and public properties and be comfortable for residents and visitors.

GOAL CC-3 WELL-DESIGNED SITES AND BUILDINGS – Ensure that buildings and related site improvements for private development are well designed and compatible with surrounding properties and districts.

GOAL CC-4 ACCESSIBLE AND ATTRACTIVE PUBLIC FACILITIES Provide public facilities which are accessible, attractive and add to the enjoyment of the physical environment.

HOUSING
GOAL HE-1 ADEQUATE HOUSING - Assist in the provision of adequate housing to meet the diverse needs of Sunnyvale’s households of all income levels.

GOAL HE-4 ADEQUATE HOUSING SITES - Provide adequate sites for the development of new housing through appropriate land use and zoning to address the diverse needs of Sunnyvale’s residents and workforce.

GOAL HE-6 SUSTAINABLE NEIGHBORHOODS Maintain sustainable neighborhoods with quality housing, infrastructure and open space that fosters neighborhood character and the health of residents.

Considering all of the above factors, the City Council finds that there are specific economic, legal, social, technological, and other considerations associated with the project that serve to override and outweigh the ECRSP’s significant and unavoidable impacts; thus, the adverse effects are considered acceptable. Therefore, the City Council hereby adopts this Statement of Overriding Considerations.

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MITIGATION MONITORING AND REPORTING PROGRAM
Project: S
unnyvale El Camino Real Specific Plan Project

MITIGATION MEASURE COMPLIANCE

METHOD VERIFICATION/TIMING RESPONSIBLE
PARTY
Air Quality
AQ-1 Prior to the issuance of grading or building permits, the City of Sunnyvale shall ensure that the Bay Area Air Quality Management District’s (BAAQMD) basic construction mitigation measures from Table 8-2 of the BAAQMD 2017 CEQA Air Quality Guidelines (or subsequent updates) are noted on the construct
ion documents. These basic
construction mitigation measures include the following:
1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
2) All haul trucks transporting soil, sand, or other loose material off- site shall be covered.
3) All visible mud or dirt track -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. 4) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
5) 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.
6) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).

Clear signage shall be provided for construction workers at all access points
7) All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certi fied mechanic and determined to be running in proper condition prior to operation. • Plan approval • Prior to the issuance
of grading or
building permits
• During construction
• City of Sunnyvale
(plan check)
• Project applicant
(during
construction)

EXHIBIT H
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PARTY
8) A publicly visible sign shall be posted with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

AQ-2 In the cases where construction projects are projected to exceed the Bay Area Air Quality Management District’s air pollutant significance thresholds for NOX, PM10, and/or PM2.5, all off-road diesel- fueled equipment (e.g., rubber -tired dozers, graders, scrapers, excavators, asphalt paving equipment, cranes, and tractors) shall be at least California Air Resources Board (CARB) Tier 3 Certified or better. • Plan approval
• Site inspection
• Requirements to be
identified on
construction/
improvement plans
• During construction

• Project applicant
(during
construction)
• City of Sunnyvale
(plan check and
during
construction)
AQ-3 In the case when a subsequent project’s construction is greater than five acres and is scheduled to last more than two years, the subsequent project shall be required to prepare a site-specific construction pollutant mitigation plan in consultation with the Bay Area Air Quality Management District (BAAQMD) staff prior to the issuance of grading permits. A project-specific construction-
related dispersion
modeling acceptable to BAAQMD shall be used to identify potential toxic air contaminant impacts, including diesel particulate matter. If BAAQMD risk thresholds (i.e., pr obability of contracting cancer is greater than 10 in 1 million) would be exceeded, mitigation measures shall be identified in the construction pollutant mitigation plan to address potential impacts and shall be based on site-specific information such as t he distance to the nearest sensitive receptors, project site plan details, and construction schedule. The City shall ensure construction contracts include all identified measures and that the measures reduce the health risk below BAAQMD risk thresholds.

Construction pollutant mitigation plan measures shall include, but not be limited to:

1) Limiting the amount of acreage to be graded in a single day, 2) Notification of affected sensitive receptors one week prior to commencing on- site construction so that any necessary
precautions (such as rescheduling or relocation of outdoor • Plan approval • Prior to the issuance
of grading permits

• City of Sunnyvale
(plan check)
• Project applicant
(during
construction)
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METHOD VERIFICATION/TIMING RESPONSIBLE
PARTY
activities) can be implemented. The written notification shall include the name and telephone number of the individual empowered to manage construction of the project. In the event that complaints are received, the individual empowered to manage construction shall respond to the complaint within 24 hours. The response shall include id entification of measures being taken by the project construction contractor to reduce construction-related air pollutants. Such a measure may include the relocation of equipment.

AQ-4 The following measures shall be utilized in site planning and building designs to reduce TAC and PM2.5 exposure where new receptors are located within 1,000 feet of emissions sources:

• Future development that includes sensitive receptors (such as residences, schools, hospitals, daycare centers, or retirement homes) located within 1,000 feet of Caltrain, Central
Expressway, El Camino Real, Lawrence Expressway, Mathilda Avenue, Sunnyvale-Saratoga Road, US 101, State Route 237, State Route 85, and/or stationary sources shall require site- specific analysis to determine the level of health risk. This analysis shall be conducted following procedures outlined by the BAAQMD. If the sit e-
specific analysis reveals significant
exposures from all sources (i.e., health risk in terms of excess cancer risk greater than 100 in one million, acute or chronic hazards with a hazard Index greater than 10, or annual PM2.5 exposures greater than 0.8 µg/m3) measures shall be employed to reduce the risk to below the threshold (e.g., electrostatic filtering systems or equivalent systems and location of vents away from TAC sources). If this is not possible, the sensitive receptors shall be relocated.

• Future nonresidential developments identified as a permitted stationary TAC source or projected to generate more than 100 heavy-duty truck trips daily will be evaluated through the CEQA process or BAAQMD permit process to ensure they do not
• Plan approval • Incorporate during
site planning and
building designs
• Prior to Planning
approval
• City of Sunnyvale
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METHOD VERIFICATION/TIMING RESPONSIBLE
PARTY
cause a significan t health risk in terms of excess cancer risk greater than 10 in one million, acute or chronic hazards with a hazard Index greater than 1.0, or annual PM2.5 exposures greater than 0.3 µg/m3 through source control measures.

• For significant cancer risk expos ure, as defined by the BAAQMD, indoor air filtration systems shall be installed to effectively reduce particulate levels to avoid adverse public health impacts. Projects shall submit performance
specifications and design details to demonstrate that lifetim e residential exposures would not result in adverse public health impacts (less than 10 in one million chances).

Archaeological, Historical, and Tribal Cultural Resources CUL-1 Prior to demolition, grading, or building permit approval, any site subject to California Environmental Quality Act (CEQA) review with potentially historic buildings over 50 years in age and not subject to previous identification, recordation on Department of Park and Recreation (DPR) 523 Forms, and National Register of Historic Places, California Register of Historic Resources, and/or City eligibility evaluation (as appropriate) within the last five years, shall be evaluated by a Secretary of the Interior Qualified Cultural Resource Professional specializing in Architectural History. Results of the evaluation shall specify site-specific mitigation requirements.
• Plan approval

• Prior to demolition,
grading, or building
permit approval

• City of Sunnyvale
• Secretary of the
Interior Qualified
Cultural Resource
Professional
(specializing in
Architectural
History)
CUL-2 To avoid impacts to previously recorded historic resources associated with the Taaffe- Frances Heritage Neighborhood, prior to demolition, grading, or building permit approval, a site-specific Construction Protection Plan (CPP) shall be prepared by a qualified Historic Building Architect for projects which propose
pile driving
activities within 50 feet of designated historic resources. The CPP shall specify mitigation to avoid or reduce impacts to less than significant. • Plan approval • Prior to demolition,
grading, or building
permit approval
• Qualified Historic
Building Architect
CUL-3 All subsequent projects within the project area shall be required to include information on the improvement plans that if, during the course of grading or construction, cultural resources (i.e., prehistoric or historic sites) are discovered, work will stop in that area and within 100 feet of the find until a qualified archaeologist can [assess] the • Plan approval • Information to be
included on
construction and
improvement plans
• During construction
• City of Sunnyvale
(plan check)
• Project applicant
(if resources
found)
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PARTY
significance of the find and, if necessary, develop appropriate treatment measures as part of a treatment plan in consultation with the City and all other appropriate agencies. The treatment plan shall include measures to document and protect the discovered resource. Consistent with CEQA Guidelines Section 15126.4(b)(3), preservation in place will be the preferred met hod of mitigating impacts to the discovered resource. Pursuant to Government Code Section 6254.10, information on the discovered resource shall be confidential.

Biological Resources
BIO-1 Pursuant to the Migratory Bird Treaty Act and the California Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat shall be conducted outside the avian nesting season.

The nesting season generally extends from early Febru
ary through
August, but it can vary slightly from year to year based on seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a preconstruction clearance survey for nesting birds shall be conducted within 30 days of the start of any vegetation removal or ground-disturbing activities to ensure no nesting birds will be disturbed during construction. The biologist conducting the clearance survey shall document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur.

If an active avian nest is discovered during the preconstruction clearance survey, construction activities shall stay outside of a 300-foot buffer around the active nest. For raptor species, this buffer is expanded to 500 feet. A biological monitor shall b e present to delineate the boundaries of the buffer area and to monitor the active nest to ensure nesting behavior is not adversely affected by the construction activity.

Once the young have fledged and left the nest, or the nest otherwise becomes inactive
under natural conditions, normal construction
activities can occur.

As part of the nesting bird clearance survey, a preconstruction burrowing owl clearance survey shall be conducted within 30 days of • Pre-construction
surveys

• Prior to avian
nesting season
• Prior to 30 days of
the start of any
vegetation removal
or ground-disturbing
activities

• City of Sunnyvale
(plan check)
• Qualified Biologist
(during
construction)
• California
Department of
Fish and Wildlife
(CDFW)
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the start of ground -disturbing activities to ensure u ndeveloped vacant lots within the Specific Plan Area do not support burrowing owl. If no burrowing owl are detected, construction may proceed. If construction is delayed or suspended for more than 30 days, the project site or work area shall be resurveyed. If burrowing owls are detected on the project site, a 300-foot “no work” buffer shall be established around the active burrow and all work within the buffer shall be halted until the qualified biologist has determined through non-intrusive methods that the nesting effort is complete (i.e., all young have fledged). Once the nesting effort is complete or if a burrowing owl burrow is detected on- site during the non-breeding season (September 1 to February 28), passive and/or active relocation of burrowing owls may be implemented by a qualified biologist following consultation and approval from the City of Sunnyvale and the California Department of Fish and Wildlife.

Geology, Soils, and Paleontological Resources
GEO-1 All subsequent projects within the project area shall be required to include information on the improvement plans that if, during the course of grading or construction fossils are discovered, work shall be halted immediately within 50 feet of the discovery, the Sunnyvale Community Development Department shall be notified, and the significance of the find and recommended actions must be determined by a qualified paleontologist. In addition, prior to the commencement of project site preparation, all construction personnel shall be informed of the potential to discover fossils and the procedures to follow. • Plan approval • Prior to issuance of
grading permit
• During construction
• City of Sunnyvale
(plan check)
• Project applicant
(if fossils
discovered)
Hazards and Hazardous Materials
HAZ-1 The City shall require that a Phase I ESA is prepared and submitted with any application for new development or redevelopment within the adopted project boundary. The Phase I ESA shall be prepared by a qualified professional registered in California and in accordance with ASTM E1527-13 (or the most current version at the time a development application is submitted for the project). If determined necessary by the Phase I ESA, a Phase II ESA shall be condu
cted to determine the lateral and vertical extent of soil, groundwater, and/or soil vapor contamination, as recommended by the Phase I ESA.
• Review of Phase
I and/or Phase II
ESA
• Site inspection
• Phase I and II (if
identified as
necessary by the
Phase I) at the time
development
application is
submitted
• Responsible agency
approval of
applicant’s site
• Project applicant
(Phase I/Phase II)
• City of Sunnyvale
(document
compliance)
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The City shall not issue a building permit for a site where contamination has been identified until remediation or effective site management controls appropriate for the use of the site have been completed, consistent with applicable regulations and to the satisfaction of the City of Sunnyvale, DTSC, or San Francisco Bay RWQCB (as appropriate) before initiation of con
struction activities. Deed restrictions, if
appropriate, shall be recorded. If temporary dewatering is required during construction or if permanent dewatering is required for subterranean features, the City shall not issue an improvement permit or building permit until documentation has been provided to the City that the San Francisco Bay RWQCB has approved the discharge to the sewer. Discharge of any groundwater removed from a construction site within the adopted project and to the El Camino Storm Drain Channel, Calabazas Creek, or storm drain shall be subject to Water Pollution Control Permit requirements.

If the Phase I ESA determines there are no RECs, no further action is required. However, the City shall ensure any grading or improvement plan or buil ding
permit includes a statement if hazardous materials
contamination is discovered or suspected during construction activity, all work shall stop immediately until a qualified professional has determined an appropriate course of action.
management
controls prior to
grading and building
permit issuance
• Site inspection
during construction

HAZ-2 Prior to the issuance of a building permit for above ground construction of future projects in the Specific Plan Area, if proposed structures exceed the FAA Part 77 Surface, the project applicant shall submit an FAA Form 7460-
1 for the permanent structure prior to
submittal for the temporary construction equipment (outlined in Mitigation Measure HAZ-2 below). A “Determination of No Hazard” or “Determination of No Hazard with Conditions” shall be obtained prior to permit issuance for any above ground improvements. If a “Determination of No Hazard with Conditions” is issued, the conditions shall be included on the approved plan set and implemented. • Plan Approval • Prior to the issuance
of a building permit
for above ground
construction of
future projects
• A “Determination of
No Hazard” or
“Determination of No
Hazard with
Conditions” shall be
obtained prior to
permit issuance for
• Project applicant
(submit an FAA
Form 7460-1)
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any above ground
improvements.

HAZ-3 Prior to the issuance of a building permit, if construction equipment has the potential to exceed the FAA Part 77 Surface, the project applicant shall submit an FAA Form 7460-1, “Notice of Proposed Construction or Alteration” to the FAA at least 45 days (60 to 90 days recommended) prior to construction of the project, which shall specify the equipment type (e.g., crane) and duration to be used. An Aeronautical Study Number
for the permanent structure shall be
included in the submittal form. A “Determination of No Hazard” or “Determination of No Hazard with Conditions” shall be obtained prior to permit issuance for above ground activities. If a “Determination of No Hazard with Conditions” is issued, all conditions shall be included on the approved plan set and implemented.
• Plan approval • Prior to the issuance
of a building permit
• Prior to construction
of the project
• A “Determination of
No Hazard” or
“Determination of No
Hazard with
Conditions” shall be
obtained prior to
permit issuance for
above ground
activities
• Project applicant
(submit an FAA
Form 7460-1)
Noise and Vibration
NOI-1 For projects that are subject to California Environmental Quality Act (CEQA) review (i.e., non-exempt projects), project applicants shall ensure through contract specifications that construction best management practices (BMPs) will be implemented by all project contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which shall be reviewed and approved by the City Community Development Department prior to issuance of a grading or building permi
t (whichever is issued first).

BMPs to reduce construction noise levels may include, but are not limited to, the following:
1) Ensure that construction equipment is properly muffled according to industry standards and is in good working
condition.
2) Place noise- generating construction equipment and
construction staging areas away from sensitive uses.
3) Construction activities shall occur between the hours of between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m . on Saturdays, pursuant to Sunnyvale Municipal Code Chapter 16.08.
• Plan approval • Prior to issuance of
a grading or building
permit

• Project applicant
• City of Sunnyvale
(if complaint is
received)
• Job
superintendent (if
complaint is
received)
• Community
Development
Department

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4) Implement noise attenuation measures, as needed, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources.
5) Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
6) Construction-related equipment, including heavy -duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than five minutes.
7) The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment (between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 5:00 p.m. on Saturdays). The haul route exhibit shall design delivery routes to minimize the exposure of sensitive land uses or residential dwellings to delivery truck - related noise.
8) Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly
posted at all
construction entrances to allow surrounding owners and
residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party and the Community
Development Department.

NOI-2 Projects that are subject to California Environmental Quality Act (CEQA) review (meaning, non- exempt projects) with construction activities requiring operation of groundborne vibration generating equipment (i.e., vibratory compactor/roller, large bulldozer, caisson drilling, loaded trucks, and jackhammer) within 25 feet of a structure shall be required to prepare a project-specific vibration impact analysis to evaluate potential construction vibration impacts associated with the project, and to determine any specific vibration control mechanisms that shall be incorporated into the project’s construction bid documents to reduce such impacts. Contract specifications shall be inclu ded in
construction documents, which shall be reviewed and approved by the City Engineer prior to issuance of a grading permit.
• Plan approval • Within 25 feet of a
structure shall be
required to prepare
a project-specific
vibration impact
analysis
• Prior to issuance of
a grading permit
• City Engineer
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NOI-3 Projects that are subject to California Environmental Quality Act (CEQA) review (meaning, non-exempt projects) which require impact pile driving activities within 100 feet of buildings and/or sonic pile driving activities within 60 feet of buildings shall implement the below measures to reduce the potential for architectural/structural damage resulting from elevated groundborne vibration levels. Contractors shall demonstrate, to the satisfaction of the City Engineer and prior to issuance of a grading permit, that pile driving activities would not exceed the California Department of Transportation (Caltrans) vibration threshold (i.e., 0.2 inch/second PPV) prior to initiation of construction.

• Impact pile driv ing within 100 feet of any building shall utilize alternative installation methods, such as pile cushioning, jetting, predrilling, cast-in -place systems, and resonance- free (i.e., sonic) vibratory pile drivers.
• Sonic pile driving activities within 60 feet of any building shall utilize alternative installation methods, such as pile cushioning, jetting, predrilling, and cast-in-place systems.

• Plan approval • Prior to issuance of
a grading permit
• City Engineer
Traffic and Transportation
TRA-1 Prior to Planning Permit Completeness, the City of Sunnyvale shall review site- specific development within the El Camino Real Specific Plan area for consistency with the floor area ratio and/or dwelling units per acre requirements specified in the City’s Transportation Analysis Policy (referred to as “Council Policy 1.2.8”). In the event that a proposed development does not meet the floor area ratio and/or dwelling units per acre requirements or the required threshold specified in Council Policy 1.2.8, a project-specific vehicle miles travelled (VMT) analysis shall be conducted to evaluate and disclose transportation- related environmental impacts and identify measures to avoid and minimize VMT impacts. If the VMT analysis determines the potential for an increase in V MT that cannot be mitigated, a subsequent environmental analysis shall be prepared. • Plan approval • Prior to Planning
Permit
Completeness

• City of Sunnyvale
TRA-2 Before construction or issuance of building permits, the developer or the construction contractor for the project shall prepare a temporary traffic control plan (TTC) to the satisfaction of the City of • Plan approval
(applicable to ISI
project only)
• Prior construction or
issuance of building
permits
• City of Sunnyvale
(plan check)
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Sunnyvale Division of Transportation and Traffic and s ubject to review by all affected agencies. The TTC shall include all information required on the City of Sunnyvale TTC Checklist and conform to the TTC Guidelines of the City of Sunnyvale. At a minimum, the plan shall include the following elements:
• Provide vicinity map including all streets within the work zone properly labeled with names, posted speed limits and north arrow;
• Provide existing roadway lane and bike lane configuration and sidewalks where applicable including dimensions;
• Description of proposed work zone;
• Description of detours and/or lane closures (pedestrians, bicyclists, vehicular);
• Description of no parking zone or parking restrictions; • Provide appropriate tapers and lengths, signs, and spacing; • Provide appropriate channelization devices and spacing; • Description of buffers;
• Provide work hours/work days;
• Dimensions of above elements and requirements per latest CA— MUTCD Part 6 and City’s SOP for bike lane closures; • Provide proposed speed limit changes if applicable;
• Description of bus stops, signalized and non-signalized intersection impacted by the work;
• Show plan to address pedestrians, bicycle and ADA
requirement throughout the work zone per CA -MUTCD Part 6 and City’s SOP for Bike lane closures;
• Indicate if phasing or staging is requested and duration of each; • Description of trucks including: number and size of trucks per day, expected arrival/departure times, truck circulation patterns; • Provide all staging areas on the project site; and
• Ensure that the contractor has obtained and read the City’s TTC Guidelines and City’s SOP for bike lane closures; and
• Ensure traffic impacts are localized and temporary.
• Project applicant
(prepare plan)

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