Sunnyvale City Council
July 25, 2023

Memo
455 Capitol Mall, Suite 300
Sacramento, CA 95814
916.444.7301
Date: April 10, 2023
To: Mary Jeyaprakash, City of Sunnyvale
From: Pat Angell and Dimitri Antoniou, Ascent
Subject: City of Sunnyvale General Plan Amendments to Chapters 1 (Introduction), 6 (Safety and Noise), and 7 (Environmental Management), Environmental Informa tion Supporting Addendum to the Land Use and Transportation Element Update EIR At the r
equest of the City of Sunnyvale (City), Ascent has prepared this evaluation of the potential environmental impacts that may be associated with the General Plan Amendments to Chapters 1 (Introduction), 6 (Safety and Noise), and 7 (Environmental Management), and Appendix B (Glossary) (hereinafter referred to as the “project”). This evaluation assesses whether the potential impacts are within the scope of analysis of and adequately addressed by the City of Sunnyvale Land Use and Transportation Element Update Environmental Impact Report (LUTE EIR) (State Clearinghouse No. 2012032003). This analysis determines whether new or different impacts associated with the project would occur because of changes in circumstances, pursuant to Section 15162 of the State California Environmental Quality Act (CEQA) Guidelines. Based on the analysis contained in this memorandum, the City has determined that an addendum is the appropriate environmental document for the project consistent with Section 15164 of the State CEQA Guidelines.

Project Location
The City of Sunnyvale is located within northwest Santa Clara County, in the greater San Francisco Bay Area. The City of Sunnyvale is surrounded by the cities of Santa Clara, Cupertino, Los Altos, and Mountain View, and the San Francisco Bay. The planning area for the project is the same planning area that was considered by the 2017 LUTE which encompasses approximately 24 square miles. This includes the City’s sphere of influence.

Project Background
The Sunnyvale City Council adopted the updated LUTE of the General Plan in April 2017. The LUTE establishes the fundamental framework of how streets and buildings in the City of Sunnyvale will be laid out and how various land uses, developments, and transportation facilities will function together. The LUTE and accompanying policies were developed to help guide decision-making regarding land use and transportation for an approximate 20-year horizon, is referred to as Horizon 2035. The LUTE land use policies provide guidance for the amount, location, and direction of future change. In addition, the LUTE’s policy framework encourages the City to promote sustainable growth and maintain a Climate Action Plan (CAP) that supports the LUTE by establishing specific measures to put the City in a regional leadership role regarding its greenhouse gas (GHG) emissions reductions.

The City prepared and certified an EIR for the LUTE that evaluated the environmental impacts associated with development of land uses and implementation of transportation planning efforts in Sunnyvale as regulated and Attachment 4

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guided by the LUTE. The City adopted mitigation measures that identified policy amendments to General Plan Chapter 6 (Safety and Noise) and 7 (Environmental Management) to address environmental impacts of the LUTE. The LUTE EIR also includes updated transportation noise contours for the planning area.

Project Description
The project would amend chapters 1, 6, and 7 of the General Plan. These amendments to the General Plan do not involve any changes to planned land uses or buildout of the City under the LUTE. A summary of these amendments by chapter is provided below. The reader is referred to Appendix A for the complete text and associated figures of the proposed amendments.

Chapter 1, Introduction
The proposed amendments to this chapter includes new Environmental Justice (EJ) policy provisions to promote fair treatment and meaningful participation of people of all cultures, races, and incomes. These policy provisions are listed below and are intended to improve the health and overall well-being of vulnerable and at-risk communities through reductions in pollution exposure, equitable and inclusive public engagement, increased access to healthy foods, increased prevalence of healthy homes, improved air quality, and increased physical activity.

Goal EJ-1: Prioritize the needs of designa ted low-income communities with in Sunnyvale that bear high pollution burden according to CalEnviroScreen 3.0 (Figure 7-10), to ensure equitable outcomes. (Community Vision)  Policy EJ 1.1: Conduct outreach with communities that are low-income and/or bear a high pollution burden (as identified in the Environmental Justice Screening Analysis), for development and redeve lopment projects, to p
romote equitable and inclusive community engagement in the local planning processes. (Community Vision).  Policy EJ 1.2: Encourage the phasing out of non-conforming land uses from residential communities, especially for communities that are low-income and/or bear a high pollutio n burden, as identified in the Environmental Justice Screening Analysis. (Land Use and Transportation)  Policy EJ 1.3: Prioritize the development of public facilities (e.g., schools, libraries, community resources centers) in low-in
come and high pollution burden bearing communities. (Land Use and Transportation)  Policy EJ 1.4: Continue to evaluate the need for new or improved alternative transportation infrastructure (e.g., public
transit routes, sidewalks, bicycle facilities) in low-in come and high pollution burden bearing communities. (Land Use and Transportation)
 Policy EJ 1.5: Apply “universal design principles” in the design and review of development and redevelopment p
rojects so that new development is accessible to all people. U niversal design is the design of buildings or environments to make them accessi ble to all people, regardless of age, ability, or other factors. Examples of unive
rsal design are ADA compliant pathways and sidewalks, accessible pedestrian signals, and strategies that allow residents to age in place. (Land Use and Transportation)  Policy
EJ 1.6: Support the development of healthy food establishments, grocery stores, and local food growers, particularly in communities that lack access to healthy food. (Land Use and Transportation)  Policy EJ 1.7: Support existing specialty mark ets and facilitate the establis hment of new culturally deriv ed markets within walkable distances to low-income communities. (Land Use and Transportation) Attachment 4

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 Policy EJ 1.8: Continue to create programs or informational campaigns regardi ng healthy eating habits and food choices, and the availability of food assistance programs. (Land Use and Transportation)  Policy
EJ 1.9: Prioritize the development of recreational facilities, parks, and open space in low-income and high pollution burden bearing communities. (Land Use and Transportation) O
ther amendments to Chapter 1 include minor text corrections and updates.

Chapter 6, Safety and Noise
The proposed amendments to this chapter occur mainly to the noise section of the chapter; however, some text changes have also been made to the safety section to comply with recent updates to State law.

Noise: The amendments to the noise section include updates to the discussion of the characteristics of noise and new traffic noise contour maps for year 2016 and year 2035 conditions provided in the LUTE EIR. Reorganization and updates to noise policy provisions (text revisions to policies as well as new policies) are identified below, which includes implementation of LUTE EIR adopted Mitigation Measure MM 3.6.3 that addresses construction noise and vibration impacts from new development and public projects.

Goal SN-8 Compatible Noise Environment: Maintain or achieve a compatible noise environment for all land uses in the community.
 Policy SN-8.1: Enforce and supplement state laws regarding interior noise levels of residential units.  Policy SN-8.2: Apply Title 24 noise insulation requirements to all new residential units (single-family, duplex, m
obile home, multi-family, and mixed-use units).
 Policy SN-8.3: Attempt to achieve a maximum instantaneous noise level of 50 dBA in bedrooms and 55 dBA in oth
er areas of residential units exposed to transit (e.g., freight, Caltrain, High Speed Rail, VTA Light Rail).  Policy SN-8.4: Require development protects to assess potential construction noise impacts on nearby noise- sensitive land uses and to minimize impacts on those uses, to the extent feasible.  Policy SN
-8.5: Require a vibration impact assessment for proposed projects in which heavy-duty construction equipment would be used within 600 feet of an existing structure. If applicable, the City shall require all feasible m
itigation measures to be implemented to ensure that no damage or disturbance to structures would occur.
 Policy SN-8.6: Require the full disclosure of the potential noise impacts of living in a mixed-use or transit- oriented development or residential development in an industrial to residential area by requiring residential disclos
ure notices within deeds and lease agreements as a condition of project approval. o SN-8.6a. Require new residential development in a mixed-use, transit oriented, or industrial to residential area to include disclosure of potential noise im pacts in deeds and lease agreements.
 Policy SN-8.7: Ensure new stationary noise sources affecting existing development comply with adopted Sunnyv
ale Municipal Code Title 19 (Zoning).
 Policy SN-8.8: Avoid construction of new residential uses where the outdoor Ldn is greater than 70 dBA as a result from train noise.
 Policy SN-8.9: Consider the compatibility of proposed land uses with the noise environment when preparing or
revising community and/or specific plans and when reviewing development proposals. The noise Attachment 4

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compatibility standards (Figure 6-6 – see Appendix A) and the contour maps depicting noise levels (Figure 6- 4 and 6-5 – see Appendix A) should be used by the City as a guide to land use/noise compatibility.  Policy SN-8.9: Require a site-specific noise study for new development involving noise-sensitive land uses to ensu
re the noise levels in Figure 6-6 are met. If the project would expose new sensitive land uses (e.g., resid
ences, schools, hospitals) to noise reduction measures, identified by the study, shall be incorporated into the p
roject.
 Policy SN-8.11: Require new residential, school, and hospital projects located within 600 feet of existing major fr
eeways and railroad lines (e.g., freight, Caltrain, High Speed Rail, VTA Light Rail) to conduct a vibration impa
ct assessment consistent with City-approved methodologies (e.g., Caltrans, Federal Transportation Authority) and incorporate appropriate vibration reduction measures.  Policy SN-8.12: For new office/R&D and similar uses, the City shall require that building design achieves a m
aximum interior noise standard of 55 dBA Leq (peak hour).  Policy SN
-8.13: Exempt new noise-sensitive uses (e.g., residential, lodging, schools, offices) proposed as part of a transit
-oriented development or mixed-use project from exterior noise standards in secondary open spa
ce area (e.g., front yards, stoops/front porch, porches, or balconies), so long as exterior noise standards in primary open space aeras (e.g., backyard or fenced side yard or detached single family, duplex or mobile ho
mes; private rear yards for townhomes; and common courtyards, roof gardens, or gathering spaces for multi-family or mixed-use projects) and interior noise standards can be met, as demonstrated by a site- specific noise study.
 Policy SN
-8.14: Consider techniques which block the path of noise and insulate people from noise. o SN-8.14a: Use a combination of barriers, setbacks, site planning and building design techniques to reduce noise impacts, keeping in mind their benefits and shortcomings. o SN-8
.14b: Consider compiling and distributing information to residents of noise- impacted areas about what they can do to protect themselves from noise. o SN-8
.14c: Proposed sound walls or other noise reduction barriers should be reviewed for design, lo
cation and material before installing the barrier. Sound readings should be taken before and after installing the noise reduction barrier in order to determine the efficacy of the noise r eduction barrier.

Measurement techniques shall be similar to procedures used by Caltrans to measure efficiency of soun
d walls.

Goal S
N-9: Acceptable Limits for Community Noise: Maintain or achieve acceptable lim its for the levels of noise generated by land use operations and single-events.
 Policy SN-9.1: Regulate land use operational noise including but not limited to hours of operation limits, consistent with operation
al noise standards in the Sunnyvale Municipal Code.
o SN-9
.1a: Regulate leaf blower noise including but not limited to hours of operation limits, in the Sunnyv
ale Municipal Code.
 Policy SN
-9.2: When new equipment is installed on a property, including new stationary noise sources (e.g., heatin
g, ventilation, and air conditioning systems, generators, heating boilers) that could affect existing sensitive land uses, con
struction enclosures or other screening materials should be installed around the Attachment 4

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stationary noise source such that equipment is in compliance with the City’s Operational Noise Code (Section

19.42.030).

Goal SN-10 Maintained or Reduced Transportation Noise: Preserve and enhance the quality of neighborhoods by maintaining or reducing the levels of noise generated by transportation facilities.  Policy SN-10.1: Reduce or refrain from increasing the noise impacts of major roadways. o SN-

10.1a: Regulate the location, design and capacity of local roadway improvement projects to mitigate their noise impacts.
o SN-10.1b: Use local traffic management techniques to reduce or protect noise levels. o SN-10.1c: Support state legislation to reduce vehicle noise levels.  Policy SN
-10.2: Consider potential noise impacts when evaluating proposed transportation projects (e.g., road,
freeway, and transit developments). Minimize noise impacts through the implementation of mitigation me
asures, such that maximum noise exposure does not exceed levels in Figure 6-6 or a substantial increase as defined in Figure 6-7 (see Appendix A).
 Policy SN-10.3: All sensitive land uses (e.g., residences, schools, hospitals) located within the noise restriction are
as of Moffett Federal Airfield) shall adhere to the County standards. In addition, they should mitigate impa
cts to comply with the interior and exterior noise standards established by the City (Figure 6-6 – see Appen
dix A). (New Policy)
 Policy SN
-10.4: Support efforts to reduce or mitigate airport noise, including noise impacts of Moffett Federal Airfield, San Jose I
nternational Airport and helicopters.
o SN-10.4a: Support the retention of the Airport Land Use Commission. o SN-10.4b: Support the right of private citizens to sue airports for noise impacts. o SN-10.4c: Encourage airport operation policies and procedures which reduce the level and frequency of noise as well as other policies and federal funding to alleviate the effects of aircraft noise. o SN-10.
4d: Support federal legislation that requires military and federal aircraft to meet Stage 3 noise r
equirements similar to commercial aircraft.
o SN-10.4e: Support state legislation to lower the noise levels of civilian aircraft and airports.  Policy SN-10.5: Oppose any effort and/or expenditure of public funds to promote Moffett Federal Airfield for non
-federal purposes.
 Policy SN
-10.6: Mitigate and avoid the noise impacts from trains and light rail facilities. o SN-10.6
a: Monitor plans and projects which would increase the number of commuter or freight trains
and evaluate their noise impacts and seek mitigation for any change that worsens local conditions.
o SN-10.6b: E
ducate owners of older homes on ways to reduce noise levels from trains.

Attachment 4

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o SN-10.6c: Support legislation to reduce the noise level of trains. o SN-10.6d
: Seek the cooperation of train engineers to avoid unnecessary and prolonged use of air hor
ns except for safety purposes.
o SN-10.6
e: Monitor regional plans for light rail facilities in Sunnyvale to ensure that noise impacts are identified and mitigated.

Safety
: The amendments to the safety section include referencing the Local Hazard Mitigation Plan adopted in 2017 and the Climate Action Playbook adopted in 2019. Changes include updates to the “Rise in Sea Level” section with information on climate-related hazards and reference to a Climate Action Playbook strategy that focuses on adapting to changing climate.

Chapter 7, Environmental Management
The proposed amendments to this chapter are focused to the air quality section of the chapter. Changes include updates to the discussion of air quality conditions including health risks associated with exposure from particulate matter (PM2.5), diesel particulate matter (DPM), and toxic air contaminants (TACs). The section includes information regarding high concentrations of these pollutants along U.S. Highway 101 and State Route 237 where low-income and disadvantaged populations occur. Reorganization and updates to policy provisions (text revisions to policies as well as new policies) are identified below, which includes implementation of LUTE EIR adopted mitigation measures MM 3.5.3 (construction air quality), MM 3.5.5 (construction TAC exposure), MM 3.5.6 (operational TAC exposure), and MM 3.5.7 (odor sources).

Goal EM-11 Improved Air Quality: Improve Sunnyvale’s air quality and reduce the exposure of its citizens to air pollutants.
 Policy EM-11.1: Actively participate in regional air quality planning.  Policy EM-11.2: Utilize land use strategies to reduce air quality impacts, including opportunities for citizens to live and work in close proximity.
 Policy EM-11.3: Require all new development to utilize site planning to protect citizens from unnecessary exp
osure to air pollutants.
o EM-11.3a: Adopt strategies that increase the dispersion of traffic emissions such as requiring new development to include vegetative barriers, solid barriers, or by incorporating design elements to promote air flow and pollutant dispersion along street corridors (i.e., varying the form and height of buildings
along street corridors, buffer spaces along high-volume roadways) (New Policy)  Policy EM-11.4 (EJ): Re
quire development protects that are located within 1,000 feet of a major pollutant source and that include sensitive uses to implement all applicable best management practices that will redu
ce exposure to TACs and fine particulate matter (PM-2.5). Alternatively, require a site-specific health risk asse
ssment (HRA).
 Policy EM-11.5 (EJ):

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 in accordance with BAAQMD’s
Guidelines, to ensure they do not cause a significant health risk.  Policy EM-11.6 (EJ):

Where significant health risk exposure is identified, as defined by BAAQMD, at new development sites, indoor air filtration systems shall be installed to effectively reduce particulate matter (
PM2-2.5 and PM-10) levels to avoid adverse public health impacts. Project shall submit performance Attachment 4

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specification and design details to the City to demonstrate that lifetime residential exposures would not exceed BAAQMD-recommended risk levels.
 Policy EM-11.7: Apply the indirect source rule to new development with significant air quality impacts. Indirect sour
ce review would cover any projects that would produce or attract motor vehicle traffic.  Policy EM-11.8: En
courage the use of electric landscaping equipment (e.g., leaf blowers, hedgers, mowers).  Policy EM-11.9: Continue to phase out the use of gas-powered landscaping equipment in City operations.  Policy EM-11.10: Req
uire development projects to comply with construction best management practices, such as th
ose in BAAQMD’s basic construction mitigation measures.  Policy EM-11.11 (EJ): Prioritize urban greening projects such as tree planting, public landscaping, and pocket parks, in areas of the City that are low-income and/or bear a high pollution burden (Figure 7-10 - see Appen
dix A).
 Policy EM-11
.12 (EJ): Encourage retrofit programs in coordination with utility providers and BAAQMD to install air filters in residential and sensitive
land uses, prioritizing those in area of the City that are low-income and/
or bear a high pollution burden (Figure 7-10 - see Appendix A).  Policy EM-11.13: Red
uce automobile emissions through transportation improvements and electrification. o EM-11.13a: Encourage a shift to electric vehicles citywide. o EM-

11.13b: Expand requirements to install electric vehicle charging stations citywide, including adj
usting minimum requirements for new construction through the City’s adopted Reach Codes. o EM-

11.13c: Increase electric vehicle infrastructure requirements for existing buildings.  Policy EM-11.14: P
romote alternative transportation modes.
o EM-11.14a: Continue to support and maintain the City’s Bicycle and Pedestrian Advisory Commission (BPAC)
to advise City Council on bicycle and pedestrian related policies. o EM-

11.14b: Continue to support improvements in accessibility and reliability of transit services. o EM-

11.14c: Improve bicycle and pedestrian facilities.
o EM-11.14d: Continue to implement education programs to encourage walking and biking.  Policy EM-11.15: Red
uce vehicle miles traveled per capita or per employee, consistent with the Climate Action Playbo
ok and Land Use and Transportation Council Policy.
 Policy EM-11.16: Reduce emissions from City of Sunnyvale fleet vehicles.  Policy EM-11.17 (EJ): Consider transportation improvements in areas of the City that are low-income and/or bear a high pollution burden (Figure 7-10 - see Appendix A).  Policy EM-11.18 (EJ): Reduce odor conflicts by coordinating with BAAQM to monitor odor complaints and requi
re corrective action.
 Policy EM-11.19 (EJ): Minimize exposure of sensitive uses to objectionable odors by reviewing new odor sources using BAAQMD Guidelines and other environmental review processes and require appropriate corrective action.

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Environmental Analysis
Using Appendix G, Environmental Checklist, of the State CEQA Guidelines as an analytical tool, the following discussion evaluates the potential environmental impacts of implementation of the project in the context of the LUTE EIR to determine if those impacts are sufficiently covered, or if additional analysis is necessary.

Aesthetics
The City of Sunnyvale does not have any designated scenic vistas and no officially designated state scenic highways.

The LUTE EIR determined that no significant project (Impact 3.12.1 and 3.12.2) or cumulative (Impact 3.12-5) impacts on scenic vistas would occur as a result of LUTE implementation. Therefore, no impacts would occur under the LUTE or the project.

Impact 3.12.3 of the LUTE EIR discusses how new development under the LUTE would mostly be concentrated around transit nodes and other areas that are visually appropriate for increased development intensities with regard to densities and structure height similar to existing developed conditions. The LUTE would result in new urban uses that would complement the City’s existing urban character.

Impact 3.12.4 of the LUTE EIR discusses how future development under the LUTE would not result in substantial increases in existing daytime glare or nighttime lighting conditions in the City. The LUTE EIR determined that this impact would be less than significant, and the LUTE’s contribution to cumulative impacts would be less than cumulatively considerable (Impact 3.12.5).

The project would amend General Plan policies and does not include any development proposals that would directly result in physical changes to the existing visual character in the City of Sunnyvale or conflict with zoning or other regulations adopted to protect scenic quality or include new sources of light and glare. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Agricultural and Forestry Resources
Agricultural and forestry impacts were scoped out of the LUTE EIR at the Notice of Preparation stage, as these resources do not exist in the City. The project would also have no impact.

Air Quality
Impact 3.5.1 evaluated whether implementation of the LUTE would conflict with or obstruct implementation of the 2010 Clean Air Plan. The 2010 Clean Air Plan includes various control strategies to reduce emissions of local and regional pollutants and promote health and energy conservation. As discussed in Impact 3.5.1, the LUTE establishes a policy framework that supports the 2010 Clean Air Plan strategies by accommodating anticipated growth in a compact urban form, including mixed-use development, and focusing development along transit corridors. LUTE EIR Impacts 3.5.2 and 3.5.3 analyzed project impacts to air quality related to long-term operations and short-term construction, respectively. Both impacts were determined to be significant and unavoidable.

Impacts 3.5.4, 3.5.5, 3.5.6, and 3.5.8 of the LUTE EIR evaluated the LUTE’s potential to expose sensitive receptors to substantial pollutant concentrations of toxic air contaminants (TACs). Sensitive receptors within the City of Sunnyvale include residences, schools, medical facilities, family day cares, and places of worship. Construction-related sources of TACs include diesel-powered equipment and vehicles, and operational sources of TACs include mobile and stationary sources of diesel PM, as well as mobile sources of carbon monoxide. Mitigation measures provided for Impacts 3.5.5 and 3.5.6 (MM 3.5.5, and MM 3.5.6), along with MM 3.5.3, reduced both impacts to a less-than-significant level and involved adding new policies to the General Plan. Impact 3.5.7 of the LUTE EIR determined that the LUTE could create objectionable odors affecting a substantial number of people. However, the LUTE EIR concluded that implementation Attachment 4

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of Mitigation Measure MM 3.5.7, which involved adding new policies to the General Plan, would reduce this impact to less than significant.

Implementation of the project would not increase development beyond that which was planned for and analyzed in the LUTE EIR. As noted above, the proposed amendments to General Plan Chapter 7 (Environmental Management) includes the addition of new policy provisions to further address air pollutants and TACs that incorporates LUTE EIR adopted mitigation measures MM 3.5.3 (construction air quality), MM 3.5.5 (construction TAC exposure), MM 3.5.6 (operational TAC exposure), and MM 3.5.7 (odor sources). Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Biological Resources
As discussed in LUTE EIR Impacts 3.9.1, 3.9.2, and 3.9.5, the urbanized portions of the City are largely built out and do not include large areas of natural habitat. However, ruderal areas could support special-status species such as the western burrowing owl and Congdon’s tarplant, and urban parks, open space, and riparian areas could support nesting birds. The LUTE includes policies and actions that require the City to protect wildlife habitat within Sunnyvale.

All projects within the City of Sunnyvale are also required to comply with all applicable federal and state laws and regulations pertaining to species and habitat protection. LUTE EIR Impact 3.9.3 determined that no significant impacts to wildlife movement would result from implementation of the LUTE because planned development would occur within existing developed areas of the City and would not extend into wetlands and open space areas along San Francisco Bay that provide habitat and movement corridors for wildlife species in the region. LUTE EIR Impact 3.9.4 identified no conflicts with tree protection provisions of the City’s Municipal Code Chapter 19.94 or the City’s Bird Safe Building Design Guidelines. The City is not located in a habitat conservation plan area, and the LUTE EIR determined that LUTE implementation would not conflict with the closest habitat conservation plan area to Sunnyvale, which is the planning area for the Santa Clara Valley Habitat Plan.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that would impact biological resources beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Cultural Resources
LUTE EIR Impact 3.10.1 recognized that the City includes numerous buildings that have historical value, and future actions under the LUTE have the potential to directly (i.e., demolition) or indirectly (i.e., adverse effects to historical setting from adjacent construction) impact buildings and structures that qualify as historic resources under CEQA.

General Plan Policy CC-5.1 states that the City will preserve existing landmarks and cultural resources and their environmental settings, Policy CC-5.3 seeks to identify and work to resolve conflicts between the preservation of historic resources and alternative land uses, and Policy CC-5.4 states that the City will seek out, catalog, and evaluate heritage resources that may be significant. However, the LUTE EIR concluded that implementation of the LUTE would result in significant and unavoidable impacts under project and cumulative conditions (Impact 3.10.3). LUTE EIR Impact

3.10.2 determined that implementation of the LUTE could impact buried archaeological resources during construction activities. The LUTE EIR determined that implementation of Action LT-1.10f would ensure that impacts to archaeological resources and human remains (in combination with Health and Safety Code Section 7050.5[b]) are reduced to a less- than-significant level under project and cumulative conditions (Impact 3.10.3).

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that would impact cultural resources beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

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Energy
LUTE EIR Impact 3.11.4.1 discusses how implementation of the LUTE would increase energy consumption within the City. However, subsequent development would be required to comply with Building Energy Efficiency Standards included in Title 24 of the California Code of Regulations and implement the energy efficiency requirements of the City’s CAP 1.0. This would include obtaining carbon-free electricity from Silicon Valley Clean Energy (SVCE) Implementation of the LUTE would also result in an improvement in vehicle miles traveled (VMT) per capita compared to Citywide VMT under the previous General Plan. The LUTE EIR determined the impact would be less than significant under project and cumulative conditions.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would substantially alter energy demand and use beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Geology and Soils
The LUTE EIR concludes that the City is not within an Alquist-Priolo Earthquake Fault Zone, and thus, would not be subject to hazards associated with significant fault surface rupture. LUTE EIR Impact 3.7.1 discusses impacts related to seismic ground shaking and seismic-related ground failure (e.g., liquefaction and landslides). The City’s Municipal Code Chapter 16.16.020 adopted the California Building Code (CBC) by reference, with changes and modifications providing a higher standard of protection. All new development and redevelopment would be required to comply with the current adopted seismic standards, which includes design criteria for seismic loading and other geologic hazards. The LUTE EIR concludes that impacts related to seismic hazards would be less than significant under project and cumulative conditions (Impact 3.7.5). As discussed in LUTE EIR Impact 3.7.2, ground-disturbing activities would be required to comply with CBC Chapter 70 standards, which would ensure implementation of appropriate site-specific measures during grading activities to reduce and control soil erosion. Additionally, any development involving clearing, grading, or excavation that causes soil disturbance of one or more acres would be required to prepare and comply with a stormwater pollution prevention plan (SWPPP), which provides a schedule for the implementation and maintenance of erosion control measures and a description of the erosion control practices, including appropriate design details and a time schedule. In addition, the City’s grading standards (Municipal Code Section 18.12.110) specify that when grading will create a nuisance or hazard to other properties, a public way, or public facilities due to erosion from storm runoff or rainfall, grading may not commence or continue without specific consent in writing from the Director of Public Works or the Director of Community Development.

LUTE EIR Impact 3.7.3 determined that future structures and improvements developed under the LUTE could experience stresses on various sections of foundations and connected utilities, as well as structural failure and damage to infrastructure if located on expansive or unstable soils. However, the City requires preparation of geotechnical reports for all development projects, which include soil sampling and laboratory testing to determine the soil’s susceptibility to expansion and differential settlement. Based on the results, these reports provide recommendations for design and construction methods to reduce potential impacts, as necessary.

As discussed in LUTE EIR Impact 3.7.4, Sunnyvale’s underlying geology consists of basin and alluvial deposits that have the potential to contain fossils. The LUTE EIR determined that implementation of Action LT-1.10f, included below, would ensure that impacts to paleontological resources are reduced to a less-than-significant level under project and cumulative conditions (Impact 3.7.6).

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that would impact geology Attachment 4

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and soil resources beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Greenhouse Gas Emissions
LUTE EIR Impact 3.13.1 evaluated the projected GHG emissions associated with implementation of the LUTE. The LUTE is intended to implement local land use and transportation planning efforts in a manner consistent with the City’s original CAP, which has since been updated with the adoption of the Climate Action Playbook through implementation of adopted LUTE EIR Mitigation Measure MM 3.13.1.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that would result in GHG emissions or conflicts with adopted climate action plans beyond what was evaluated in the LUTE EIR. The project includes proposed new policies that would support the implementation of the Climate Action Playbook’s efforts to reduce GHG emissions (policies EM-11.14 and EM-11.15). Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Hazards and Hazardous Materials
LUTE EIR Impacts 3.3.1, 3.3.2, and 3.3.3 determined that the use of hazardous materials in the City is not expected to expand appreciably due to LUTE implementation because the types of new businesses that are expected would not be major manufacturing or industrial facilities, but rather primarily green technology and office/R&D uses. The transport, storage, use, and storage of hazardous materials for all activities associated with the LUTE would be required to comply with all applicable federal, state, and local regulations during construction and operation. The analysis also explains that facilities that use hazardous materials are required to obtain permits and comply with appropriate regulatory agency standards designed to avoid hazardous materials releases. The LUTE EIR concludes that impacts from the routine transport, use, and disposal of hazardous materials would be less than significant under both project and cumulative conditions (Impact 3.3.6).

LUTE EIR Impact 3.3.4 evaluated the potential for hazards associated with exposing people residing or working in the City to aircraft-related safety hazards by locating additional development within the approach path of the Moffett Federal Airfield. The analysis noted that the Moffett Federal Airfield Comprehensive Land Use Plan (CLUP) includes land use policies and height restrictions for construction and new structures near the airfield. The LUTE also contains several policies and actions that would assist in reducing airport hazards (Policy LT-1.8 and associated Actions LT-1.8a and LT-1.8d). In the LUTE EIR, this impact was determined to be less than significant because compliance with FAA regulations and Santa Clara County Airport Land Use Commission requirements, including CLUP restrictions, as well as implementation of LUTE policies and actions would reduce airport safety hazards.

LUTE EIR Impact 3.3.5 determines that the proposed roadway system in the LUTE would improve City roadway conditions from existing conditions, allowing better emergency vehicle access to residences as well as evacuation routes for area residents. The LUTE EIR also determined there would be no impact under project or cumulative conditions related to wildfire.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that result in hazards beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Hydrology and Water Quality
As discussed in LUTE EIR Impact 3.8.1, construction and operational activities associated with development of projects allowed under the LUTE could result in the release of pollutants in surface water and groundwater in the planning Attachment 4

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area. Subsequent development projects would be required to comply with Municipal Code Chapter 12.60 Stormwater Management, as well as implement best management practices (BMPs) for the prevention of erosion and the management of loose soil and sediment to ensure that construction does not result in the movement of unwanted material into waters within or outside the plan area. Municipal Code Chapter 12.60 requires project applicants to comply with the City’s National Pollutant Discharge Elimination System (NPDES) permit requirements, implement a SWPPP, perform monitoring of discharges to stormwater systems to ensure compliance with State regulations, and General Plan Policy EM-8.5 which requires construction site inspections and a control program to prevent soil erosion.

LUTE EIR Impact 3.11.1.1 determined that the SCVWD’s Groundwater Management Plan ensures that local groundwater resources are sustained and protected. The LUTE EIR concludes that because subsequent development under the LUTE would not require new or expanded water entitlements and would be required to comply with all SCVWD standards and regulations, impacts to groundwater resources would be less than significant under project and cumulative conditions (Impact 3.11.1.3).

As discussed in LUTE EIR Impact 3.8.2 and 3.8.5, several policies and regulations are in place to control surface runoff and mitigate flood risks. Municipal Code Chapter 16.62 provides standards for construction in 100-year flood hazard areas. The standards for construction generally require anchoring and the use of flood damage-resistant materials and methods, and the lowest floor of any structure must be elevated to or above the base flood elevation. Municipal Code Section 12.60.160 requires project applicants to demonstrate that the project would not increase runoff over pre-project rates and durations. In addition, General Plan Policy EM-9.1 requires that the City maintain and operate the storm drain system so that stormwater is drained from 95 percent of the streets within one hour after a storm stops. For flood-prone locations, General Plan Policy EM-10.2 requires incorporation of appropriate controls to detain excess stormwater. LUTE EIR Impact 3.8.3 concludes that seiches and tsunamis are not expected to affect areas developed as part of the LUTE. There are no published maps or other hazard information on seiche hazards in the Bay Area. Tsunamis are only expected to affect low-lying marsh areas and bayward portions of sloughs. Mudflows are not a hazard in Sunnyvale because of the City’s generally flat terrain and distance from hilly or mountainous areas.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that result in hydrology or water quality impacts beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Land Use and Planning
As discussed in Impact 3.1.1 of the LUTE EIR, the LUTE does not include large-scale infrastructure projects such as new freeways or high-volume roadways that would divide an established community. Likewise, critical transportation infrastructure linking one neighborhood to another would not be removed as part of the LUTE. Implementation of the policy provisions of the LUTE would ensure integration and compatibility of new development with existing land use conditions. The LUTE EIR concludes that this impact would be less than significant under project and cumulative conditions (Impact 3.1.5). LUTE EIR Impact 3.1.2 and 3.1.3 also determined that the LUTE would be consistent with adopted City and regional land use plans and policies and concluded that the LUTE’s impact would be less than significant.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that result in land use or planning impacts beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

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Mineral Resources
There are no active mines and no known areas with mineral resource deposits or resources of statewide importance in the City. Therefore, no impact to the availability of a known mineral resource would result from implementation of the LUTE. The project would also have no impact.

Noise and Vibration
LUTE EIR Impact 3.6.1 determined that new development under the LUTE would be required to comply with City noise standards set forth in the General Plan and Municipal Code that are consistent with state noise standards to protect public health, and thus, the impact regarding the exposure of new development in Sunnyvale to excessive noise levels would be less than significant. However, LUTE EIR Impact 3.6.2 and 3.6.6 determines that increased traffic levels resulting from implementation of the LUTE would cause a substantial permanent increase in ambient noise levels for existing noise-sensitive receptors in the City. No feasible mitigation was identified, so the LUTE EIR concludes that this impact would be significant and unavoidable. LUTE EIR Impact 3.6.4 concluded that short-term construction noise associated with LUTE implementation would have a less than significant impact with implementation of MM 3.6.3, which would require a new policy be added to the General Plan. LUTE EIR Impact 3.6.5 determined that compliance with the Santa Clara County Airport Land Use Commission (ALUC) and City noise and land use policies and standards, as well as compliance with the CLUP for Moffett Federal Airfield, would ensure that new development would not expose new residents and uses to substantial airport noise.

LUTE EIR Impact 3.6.3 evaluated the potential for sensitive receptors to experience levels of groundborne vibration that would cause annoyance to people or structural damage to buildings. The LUTE EIR concluded that impacts regarding operational vibration (e.g., train track-generated vibration) at nearby sensitive receptors would be less than significant with implementation of General Plan policies and guidelines (General Plan Policies SN-8.9a, SN-10.4a, and SN-10.4e). The LUTE EIR concluded that with implementation of MM 3.6.3, the construction vibration impact would be reduced to a less-than-significant level.

Implementation of the project would not increase development beyond that which was planned for and analyzed in the LUTE EIR. As noted above, the proposed amendments to General Plan Chapter 6 (Safety and Noise) includes the addition of new policy provisions to further address noise impacts to sensitive receptors that incorporates LUTE EIR adopted Mitigation Measure 3.6.3 (construction noise and vibration). Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Population and Housing
LUTE EIR Impact 3.2.1 and 3.23 evaluates whether new development in Sunnyvale under the LUTE would induce new population growth. The analysis notes that the number of additional jobs that would be generated by the LUTE would be within the overall employment growth projections identified by the Association of Bay Area Governments (ABAG). The LUTE does not propose any new housing and would not directly induce population growth in the area.

As discussed in LUTE EIR Impact 3.2.2, the intent of the LUTE is to accommodate anticipated growth through a compact urban form that seeks to make efficient use of existing infrastructure and public services, thus minimizing the need for new or significantly expanded infrastructure that could be the impetus for the removal of housing units and/or businesses. Because most of Sunnyvale has been developed with urban uses, the LUTE focuses on redeveloping existing properties. It is not expected that residential uses would be converted to nonresidential uses.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in growth or removal of existing housing beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

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Public Services
LUTE EIR Impact 4.1.1, 4.2.1, and 4.3.2 determined that population and employment growth resulting from implementation of the LUTE would increase the demand for fire protection and law enforcement services. LUTE Policy LT-14.8 directs the City to ensure that development projects provide appropriate resources to meet facility needs of the City, and the Sunnyvale General Plan contains Policies SN-3.1 and SN-5.1, which address maintaining timely response to emergencies and ensuring adequate equipment and facilities are maintained. LUTE EIR Impact 4.3.1 determined that implementation of the LUTE would result in increased student enrollment in local schools. However, subsequent development under the LUTE, including residential and commercial development, would be subject to school facility fees to pay for additional school facility needs. These fees would fund the school facility projects necessary to meet schooling demand in the City.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in growth that could impact public services beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Recreation
LUTE EIR Impacts 4.4.1 and 4.4.2 evaluated whether the increase in employees and residents from implementation of the LUTE would increase demand for public parks. Pursuant to the City’s Municipal Code Chapter 18.10, new residential development would be required to dedicate land, pay a fee in lieu thereof, or both, for park and recreational purposes at a ratio of 5 acres per 1,000 residents. These fees may be used to upgrade existing park facilities. The LUTE EIR also programmatically evaluated the environmental impacts of upgrading existing parks and the development of new park facilities as part of the overall development analyzed in the EIR. Thus, the impact conclusions in the LUTE EIR assess impacts from the construction of new parks and recreational facilities. The LUTE EIR concludes that the LUTE’s impact on recreational facilities and parks would be less than significant.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in growth that could impact recreation facilities and services beyond what was evaluated in the LUTE EIR. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Transportation
Senate Bill 743, passed in 2013, required the Governor’s Office of Planning and Research to develop new CEQA Guidelines that address traffic metrics under CEQA. As stated in the legislation (and Section 21099[b][2] of CEQA), upon adoption of the new CEQA guidelines, “automobile delay, as described solely by LOS or similar measures of vehicular capacity or traffic congestion shall not be considered a significant impact on the environment pursuant to this division, except in locations specifically identified in the CEQA guidelines, if any.” The Office of Administrative Law approved the updated CEQA Guidelines on December 28, 2018, and the changes are reflected in new CEQA Guidelines (Section 15064.3). State CEQA Guidelines Section 15064.3 was added December 28, 2018, to address the determination of significance for transportation impacts. Pursuant to the new CEQA Guidelines, VMT will replace congestion as the metric for determining transportation impacts. The CEQA Guidelines state that “lead agencies may elect to be governed by these provisions of this section immediately. Beginning July 1, 2020, the provisions of this section shall apply statewide.” The updated CEQA Guidelines were not adopted until December 28, 2018, and as stated in the CEQA Guidelines Section 15064.3(c), beginning on July 1, 2020, the provisions of this section shall apply statewide. Thus, local agencies had an opt-in period until July 1, 2020, to implement the updated guidelines after they were formally adopted. Thus, the effective date of the changes to the CEQA Guidelines occurred subsequent to certification of the LUTE EIR. Section Attachment 4

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15007 of the CEQA Guidelines addresses amendments to the CEQA Guidelines and states: “If a document meets the content requirements in effect when the document is sent out for public review, the document shall not need to be revised to conform to any new content requirements in Guideline amendments taking effect before the document is finally approved” (CEQA Guidelines Section 15007[c]). Stated another way, because the LUTE EIR was circulated for public review (and completed) before this change in the CEQA Guidelines, the new provisions regarding VMT do not apply to this project. Therefore, the shift from automobile delay to VMT as the primary metric used to analyze transportation impacts under CEQA, as dictated by CEQA Guidelines Section 15064.3, does not constitute “new information” as defined in CEQA Guidelines Section 15162 and, even if it was “new information,” CEQA Guidelines Section 15007 directs that the document “shall not need to be revised” to reflect this information.

Implementation of the project would not increase development beyond that which was planned for and analyzed in the LUTE EIR that could result in new or increased VMT, bicycle, pedestrian, safety, or transit impacts. As noted above, the proposed amendments to General Plan Chapter 7 (Environmental Management) includes the addition of new policy provisions to further address VMT reduction measures (policies EM-11.14 and EM-11.15). Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Tribal Cultural Resources
Assembly Bill (AB) 52, signed by the California governor in September of 2014, establishes a new class of resources under CEQA: “tribal cultural resources.” It requires that lead agencies undertaking CEQA review must, upon written request of a California Native American tribe, begin consultation after the lead agency determines that the application for the project is complete, before a notice of preparation (NOP) of an EIR or notice of intent to adopt a negative declaration or mitigated negative declaration is issued. AB 52 also requires revision to CEQA Appendix G, the environmental checklist. This revision has created a new category for tribal cultural resources (TCRs). The LUTE EIR notice of preparation was released prior to the effective date of AB 52 changes to CEQA.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in construction and operation of facilities that result in TCR impacts beyond what would already occur under the LUTE. Thus, the project would not result in any new significant impacts or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Utilities and Service Systems
LUTE EIR Impacts 3.11.1.2 and 3.11.2.2 determine that the City’s wastewater collection system has the capacity to convey sewage and industrial wastes generated when the City is fully developed in accordance with the development potential of the City. The LUTE EIR concludes that impacts related to construction of wastewater treatment facilities would be less than significant under project conditions and less than cumulatively considerable under cumulative conditions (Impact 3.11.2.3). LUTE EIR Impact 3.11.2 determines that the City’s wastewater collection system has the capacity to convey sewage and industrial wastes generated when the City is fully developed in accordance with the development potential of the City.

As described in LUTE EIR Impact 3.11.1.1 and 3.11.1.3, cumulative development in Sunnyvale would result in a net additional water demand of 2,274 acre-feet per year. The LUTE Water Supply Assessment (WSA) identifies that there is adequate water supply available to meet buildout of the City in year 2035 under normal, single-dry and multiple- dry years.

LUTE EIR Impacts 3.11.3.1 and 3.11.3.3 determine that the City would generate approximately 54,020 tons of solid waste annually at buildout and adequate solid waste disposal capacity is available to accommodate City buildout.

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Impact 3.11.3.2 determined that the LUTE would not conflict with a federal, state, or local statute or regulation related to solid waste disposal.

The project would amend General Plan policies and does not include any development proposals or land use designation changes that would directly result in growth that could impact utility services or a substantial increase in severity of impacts than were addressed in the LUTE EIR.

Wildfire
There are no Fire Hazard Severity Zones, state responsibility areas, Very High Fire Hazard Severity Zones, or local responsibility areas located in or adjacent to Sunnyvale (CAL FIRE 2022). The City is urbanized and not adjacent to large areas of open space or agricultural lands that are subject to wildland fire hazards. The LUTE EIR determined that no impacts associated with exposure to wildland fire would result from implementation of the LUTE. The project would also have no impacts.

Conclusion
Based on the analysis presented above, implementation of the project is adequately addressed by the LUTE EIR, and no new or substantially more adverse impacts would occur through implementation of the project. As a result, no new environmental document is required, consistent with State CEQA Guidelines Section 15162(b).

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References
Cal Fire. See California Department of Forestry and Fire Protection California Department of Forestry and Fire Protection. 2022. Fire Hazard Severity Zones. Fire Hazard Severity Zones in State Responsibility Area. FHSZ Viewer. Available: https://osfm.fire.ca.gov/divisions/community-wildfire- preparedness-and-mitigation/wildfire-preparedness/fire-hazard-severity-zones/ Accessed: March 23, 2023 Attachment 4