Sunnyvale City Council
May 7, 2024

1313 South Wolfe Road General Plan
Amendment and Rezoning Project
Dra� Mi�gated Nega�ve Declara�on/Ini�al Study
File No. 2022-7146
February 2024
In Consulta�on with
Prepared by
Attachment 10

Draft Mitigated Negative Declaration

1313 South Wolfe Road General Plan Amendment & Rezoning Draft Mitigated Negative Declaration
Project Name: 1313 South Wolfe Road General Plan Amendment & Rezoning – File # 2022-7146 Lead Agency:

Mary Jeyaprakash, Senior Planner
City of Sunnyvale
456 West Olive Avenue
Sunnyvale, CA 94086
(408) 730-7449
[email protected]
Project Proponent:

Amir Massih, President
4Terra Investments
95 Federal Street, Suite D
San Francisco, CA 94107
(415) 450-6797
[email protected]
Project Location and Description:

The 1.76-acre (or 76,666 square foot) project site consists of three parcels (Accessor’s Parcel Numbers [APN] 309-10-015, 309-10-026, and 309-10-027) and is located on the southwest corner of South Wolfe Road and East Fremont Avenue at 1313 South Wolfe Road and 898 East Fremont Avenue in the City of Sunnyvale.

The project proposes a General Plan Amendment (GPA) and rezoning to allow future development of multi-family residential and commercial uses on-site. The project proposes to change the General Plan land use designation of the site from Commercial to High Density Residential. The proposed High Density Residential land use designation allows a density of 25 to 36 dwelling units per acre (du/ac). The project also proposes to rezone the site from Neighborhood Business (C-1) to High Density Residential (R-4) with a MU Mixed Use (MU) combining district overlain on the site. The proposed R-4 zoning district supports residential uses with a maximum density of 36 du/ac.

There is no specific development application on file at this time associated with the proposed project.

However, unrelated to this project, there is a development application on file for a portion of the site (APN 309-10-015) to redevelop the existing gas station at 878 East Fremont Avenue into a new gas station with a convenience store and quick service restaurant (Project file # 2016-7978), which is evaluated in a separate environmental document.

The analysis in the Initial Study for the proposed GPA and rezoning is generally programmatic in nature.

For the purpose of the Initial Study analysis, it was assumed the project would result in demolition of the Attachment 10

Draft Mitigated Negative Declaration

existing restaurant, gas station, and landscaping on-site and construction of a 70-foot tall, mixed-use building with 62 multi-family residential units and 7,579 square feet of ground floor commercial space, consistent with the development standards (e.g., setbacks and building height) of the proposed zoning.

This future development would result in a density of 35.2 du/ac, consistent with the proposed land use and zoning designation. Refer to the attached Initial Study for additional details on the project assumptions.

Availability of the Initial Study:

The Initial Study for this Mitigated Negative Declaration is attached and available for review on the City’s website at: https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/ceqa- environmental-notices
Proposed Findings:

The City has prepared the attached Initial Study and determined that the analysis in the Initial Study identified potentially significant project effects, but:

1. Mitigation measures required by the City, and agreed to by the applicant, would avoid or mitigate the effects to a point where no significant effects would occur; and

2. There is no substantial evidence, in light of the whole record before the agency, that the project with implementation of mitigation measure may have a significant effect on the environment.

For these reasons, pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15064(f)(3) and 15070(b), a Mitigated Negative Declaration has been prepared for the project.

Basis of Findings:

Based on the environmental evaluation presented in the attached Initial Study, the project would not cause significant adverse effects related to aesthetics, agricultural and forestry resources, biological resources, cultural and tribal cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use/planning, mineral resources, population/housing, public services, recreation, transportation, utilities/service systems, and wildfire.

The project does not have impacts that are individually limited, but cumulatively considerable. The environmental evaluation has determined that the project would have a potentially significant impact on construction noise; however, implementation of the mitigation measure listed below would reduce the impact to a less than significant level.

Mitigation Measure:

LUTE EIR Mitigation Measure MM 3.6.3:
• The project shall employ site-specific noise attenuation measures during construction to reduce the generation of construction noise and vibration. These measures shall be included in a Noise Control Plan that shall be submitted for review and approval by the City prior to issuance of demolition permit. Measures specified in the Noise Control Plan and implemented during construction shall include, at a minimum, the following noise control strategies:

Attachment 10

Draft Mitigated Negative Declaration

− Equipment and trucks used for construction shall use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds). − Impact tools (e.g., jackhammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. − Stationary noise sources shall be located as far from adjacent receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or include other measures.
− Unnecessary idling of internal combustion engines should be strictly prohibited. − Construction staging areas shall be established at locations that create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
− Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
− Where feasible, temporary power service from local utility companies should be used instead of portable generators.
− Locate cranes as far from adjoining noise-sensitive receptors as possible. − During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible.

Attachment 10

1313 South Wolfe Road GPA & Rezoning i Initial Study
City of Sunnyvale February 2024
Table of Contents
Section 1.0 Introduction and Purpose ............................................................................................. 1 Purpose of the Initial Study .................................................................................................. 1 Public Review Period ............................................................................................................ 1 Consideration of the Initial Study and Project ...................................................................... 2 Notice of Determination ...................................................................................................... 2 Section 2.0 Project Information ...................................................................................................... 3 Project Title .......................................................................................................................... 3 Lead Agency Contact ............................................................................................................ 3 Project Applicant .................................................................................................................. 3 Project Location ................................................................................................................... 3 Assessor’s Parcel Number .................................................................................................... 7 General Plan Designation and Zoning District ...................................................................... 7 Project-Related Approvals, Agreements, and Permits .......................................................... 7 Section 3.0 Project Description ..................................................................................................... 10 Section 4.0 Environmental Setting, Checklist, and Impact Discussion ........................................... 12 Aesthetics ........................................................................................................................... 13 Agriculture and Forestry Resources ................................................................................... 22 Air Quality .......................................................................................................................... 26 Biological Resources ........................................................................................................... 36 Cultural Resources ............................................................................................................. 44 Energy ................................................................................................................................ 50 Geology and Soils ............................................................................................................... 57 Greenhouse Gas Emissions ................................................................................................ 66 Hazards and Hazardous Materials ...................................................................................... 76 Hydrology and Water Quality ............................................................................................. 89 Land Use and Planning ....................................................................................................... 99 Mineral Resources ............................................................................................................ 102 Noise ................................................................................................................................ 104 Population and Housing ................................................................................................... 115 Public Services ................................................................................................................. 118 Attachment 10

1313 South Wolfe Road GPA & Rezoning ii Initial Study
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Recreation ........................................................................................................................ 126 Transportation ................................................................................................................. 129 Tribal Cultural Resources .................................................................................................. 141 Utilities and Service Systems ............................................................................................ 144 Wildfire ............................................................................................................................ 161 Mandatory Findings of Significance .................................................................................. 162 Section 5.0 References ................................................................................................................ 167 Section 6.0 Lead Agency and Consultants ................................................................................... 175 Lead Agency ..................................................................................................................... 175 Consultants ...................................................................................................................... 175 Section 7.0 Acronyms and Abbreviations .................................................................................... 176 Figures
Figure 2.4-1: Regional Map ................................................................................................................. 4 Figure 2.4-2: Vicinity Map ................................................................................................................... 5 Figure 2.4-3: Aerial Photograph and Surrounding Land Uses .............................................................. 6 Figure 2.7-1: Existing General Plan Land Use Map .............................................................................. 8 Figure 2.7-2: Existing Zoning Map ....................................................................................................... 9 Figure 4.1-1: Transit Priority Areas .................................................................................................... 20 Figure 4.17-1: Existing Bicycle Facilities ........................................................................................... 134 Figure 4.17-2: Existing Transit Facilities ........................................................................................... 136 Photos
Photos 1 & 2 .................................................................................................................................... 17 Photos 3 & 4 .................................................................................................................................... 18 Photos 5 & 6 .................................................................................................................................... 19 Attachment 10

1313 South Wolfe Road GPA & Rezoning iii Initial Study
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Tables

Table 4.3-1: Sources and Health Effects of Criteria Air Pollutants and Toxic Air Contaminants ........ 27 Table 4.13-1: Groundborne Vibration Impact Criteria ..................................................................... 105 Table 4.15-1: School Enrollment and Capacity ................................................................................ 121

Appendices

Appendix A: Phase I Environmental Site Assessments
Appendix B: Utility Impact Study

All appendices are incorporated herein by reference.

Attachment 10

1313 South Wolfe Road GPA & Rezoning 1 Initial Study
City of Sunnyvale February 2024
Section 1.0 Introduction and Purpose
Purpose of the Initial Study
The City of Sunnyvale, as the Lead Agency, has prepared this Initial Study for the 1313 South Wolfe Road General Plan Amendment & Rezoning project in compliance with the California Environmental Quality Act (CEQA), CEQA Guidelines (California Code of Regulations §15000 et. seq.), and regulations and policies of the City of Sunnyvale, California.

The project proposes a General Plan Amendment (GPA) and rezoning to allow future development of multi-family residential and commercial uses on a 1.76-acre site located at 1313 South Wolfe Road and 898 East Fremont Avenue in the City of Sunnyvale. This Initial Study evaluates the environmental impacts that might reasonably be anticipated to result from implementation of the proposed GPA and rezoning project. This Initial Study does not evaluate a specific development application. Section 3.0 describes the development that is reasonably foreseeable under the implementation of the project and assumed under the impact analysis in this Initial Study.

When a specific development application associated with the project is proposed, it will be subject to CEQA, and the City shall review and compare it to the development assumptions and analysis in this Initial Study. Subsequent environmental review for the specific development project could include preparation of an Addendum to this Initial Study/Mitigated Negative Declaration. Pursuant to CEQA Guidelines Section 15164, the lead agency shall prepare an addendum to a previously certified negative declaration if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 have occurred that would necessitate preparation of a subsequent EIR or negative declaration.

Public Review Period
Publication of this Initial Study marks the beginning of a 20-day public review and comment period.

During this period, the Initial Study will be available to local, state, and federal agencies and to interested organizations and individuals for review. Written comments concerning the environmental review contained in this Initial Study during the 20-day public review period should be sent to:

Mary Jeyaprakash, Senior Planner
Community Development Department
City of Sunnyvale
456 West Olive Avenue
Sunnyvale, CA 94086
[email protected]
(408) 730-7449

Attachment 10

1313 South Wolfe Road GPA & Rezoning 2 Initial Study
City of Sunnyvale February 2024
Consideration of the Initial Study and Project
Following the conclusion of the public review period, the City of Sunnyvale will consider the adoption of the Initial Study/Mitigated Negative Declaration (MND) for the project at a regularly scheduled meeting. The City shall consider the Initial Study/MND together with any comments received during the public review process. Upon adoption of the MND, the City may proceed with project approval actions.

Notice of Determination
If the project is approved, the City of Sunnyvale will file a Notice of Determination (NOD), which will be available for public inspection and posted within 24 hours of receipt at the County Clerk’s Office for 30 days. The filing of the NOD starts a 30-day statute of limitations on court challenges to the approval under CEQA (CEQA Guidelines Section 15075(g)).

Attachment 10

1313 South Wolfe Road GPA & Rezoning 3 Initial Study
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Section 2.0 Project Information
Project Title
1313 South Wolfe Road General Plan Amendment & Rezoning

Lead Agency Contact
Mary Jeyaprakash, Senior Planner
Community Development Department
City of Sunnyvale
456 West Olive Avenue
Sunnyvale, CA 94086
[email protected]
(408) 730-7449

Project Applicant
Amir Massih, President
4Terra Investments
95 Federal Street, Suite D
San Francisco, CA 94107
[email protected]
(415) 450-6797

Project Location
The 1.76-acre (or 76,666 square foot) project site consists of three parcels (Accessor’s Parcel Numbers [APN] 309-10-015, 309-10-026, and 309-10-027) and is located on the southwest corner of South Wolfe Road and East Fremont Avenue at 1313 South Wolfe Road and 898 East Fremont Avenue in the City of Sunnyvale. The surrounding land uses include office uses to the north, residential uses to south and west, and a hotel use to the east. Regional and vicinity maps are shown on Figure 2.4-1 and Figure 2.4-2. An aerial photograph of the project site and surrounding land uses is shown on Figure 2.4-3.

Attachment 10

Base Map: ESRI, ArcGIS.

San José
Santa Clara
Campbell
Saratoga
CuperƟno
Los Gatos
Milpitas
Mountain
ViewLos Altos
Palo Alto
Woodside
Menlo Park
East Palo
Alto
Redwood
City
Sunnyvale
San José
Santa Clara
Campbell
Saratoga
CuperƟno
Los Gatos
Milpitas
Mountain
ViewLos Altos
Palo Alto
Woodside
Menlo Park
East Palo
Alto
Redwood
City
Sunnyvale
9 9
17 17
85 85
35 84
84 85
87 237
101
101
101
280
280
280
680
680
880
880
Project Site
Pacific Ocean
Monterey Bay
San JoséSan José
SunnyvaleSunnyvale
FremontFremontSan MateoSan Mateo
Redwood CityRedwood City
LivermoreLivermore
OaklandOakland
San FranciscoSan Francisco
Santa CruzSanta Cruz
Mountain ViewMountain View
Morgan HillMorgan Hill
Project SiteProject Site
CuperƟnoCuperƟno
0246 1 8 Miles
REGIONAL MAP FIGURE 2.4-1
1313 South Wolfe Road GPA & Rezoning
City of Sunnyvale
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Attachment 10

Arleen Avenue Lilliann Avenue Kingfishe
r W
ay
South Wolfe Road Hampton Drive
Ramon Drive
South Wolfe Road
East Fremont Avenue
Eleanor Way
Alice Way
Navarro Drive Norman Drive
Bryant Way
Sunnyvale Fairways
El Camino Real
Arleen Avenue Lilliann Avenue Kingfisher
W
ay
South Wolfe Road Hampton Drive
Ramon Drive
South Wolfe Road
East Fremont Avenue
Alice Way
Navarro Drive Norman Drive
Bryant Way
Sunnyvale Fa
irways
El CaminoR eal
82 82
Base Map: ESRI, ArcGIS
0 50 300 400 600 Feet
Project Site
VICINITY MAP FIGURE 2.4-2
1313 South Wolfe Road GPA & Rezoning
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Attachment 10

Office
Hotel
Park
Residen. al
ResidenƟal
ResidenƟal
ResidenƟal
East Fremont Avenue
South Wolfe Road
Kingfisher Way
Eleanor Way
Eleanor Way
Ramon Drive
Bryant Way
El Camino Real
East Fremont Avenue
South Wolfe Road
Kingfisher Way
Eleanor Way
Eleanor Way
Ramon Drive
Bryant Way
El Camino Real
82 Photo Date: Mar. 2022
0 25 150 200 300 Feet
Project Boundary
Aerial Source: Google Earth Pro, Jul. 28, 2023.

AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 2.4-3 1313 South Wolfe Road GPA & Rezoning
City of Sunnyvale
6IniƟal Study
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Attachment 10

1313 South Wolfe Road GPA & Rezoning 7 Initial Study
City of Sunnyvale February 2024
Assessor’s Parcel Numbers
309-10-015, 309-10-026, and 309-10-027

General Plan Designation and Zoning District
The project site has a General Plan land use designation of Commercial and zoning of Neighborhood Business (C-1). The General Plan Commercial designation supports retail and retail service uses.

Restaurants, entertainment, and small offices may also be appropriate under this designation. For Commercial designated sites with a C-1 zoning, low-scale neighborhood-serving commercial uses such as grocery stores, retail, personal services, recreational studios, and tutoring are allowed, with a density/intensity of up to two stories.1

The C-1 zoning district is reserved for the construction, use and occupancy of commercial buildings that provide retail commercial shopping and service facilities to adjacent residential neighborhoods.2 Uses permitted in this district are intended to allow for a wide range of commercial services, including bakeries, repair shops, retailers, liquor stores, and smaller office space.3 The allowable building height in the C-1 district is two stories (or 40 feet) and the maximum lot coverage is limited to 35 percent.4

Maps of the project area’s existing General Plan land use and zoning are shown on Figure 2.7-1 and Figure 2.7-2, respectively.

Project-Related Approvals, Agreements, and Permits
• General Plan Amendment
• Rezoning

1 City of Sunnyvale. General Plan - Chapter 3: Land Use and Transportation. June 2022. Pages 3-89 and 3-90. 2 City of Sunnyvale. Municipal Code. Chapter 19.20.020 – Commercial Zoning Districts. 3 City of Sunnyvale. Municipal Code. Chapter 19.20 – Commercial Zoning Districts. Table 19.20.030. 4 City of Sunnyvale. Municipal Code. Chapter 19.32 – Building Heights, Lot Coverages, and Floor Area Ratios. Table

19.32.020.

Attachment 10

LEGEND Horizon 2035 GP Land Use
Parcels
Project Site
Low Density ResidenƟal
Medium Density ResidenƟal
El Camino Real Specific Plan Area
Commercial
High Density ResidenƟal
05 025 250 Feet100 Feet
EXISTING GENERAL PLAN LAND USE MAP FIGURE 2.7-1
1313 South Wolfe Road GPA & Rezoning
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Attachment 10

LEGEND Horizon 2035 GP Land Use
Parcels
Project Site
Low Density ResidenƟal
Low Density ResidenƟal
El Camino Real Specific Plan Area
High Density ResidenƟal
Neighborhood Business
Medium Density ResidenƟal 05 025 250 Feet100 Feet
EXISTING ZONING MAP FIGURE 2.7-2
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Attachment 10

1313 South Wolfe Road GPA & Rezoning 10 Initial Study
City of Sunnyvale February 2024
Section 3.0 Project Description
The project proposes a GPA and rezoning to allow future development of multi-family residential and commercial uses on-site. The proposed GPA and rezoning are described below.

• General Plan Amendment to High Density Residential – The project proposes to change the General Plan land use designation of the site from Commercial to High Density Residential.

The proposed High Density Residential land use designation allows a density of 25 to 36 dwelling units per acre (du/ac). The intent of this designation is to allow for the development of high-density neighborhoods and developments that should typically be located next to expressways, major arterial roads, or freeways. The primary purpose of this designation is to provide for high-density residential uses; however, mixed-use development (combining commercial with residential) is encouraged when sites are located near public transit (e.g., Santa Clara Valley Transportation Authority [VTA] light rail, Caltrain, or a major bus route) and where commercial uses would be beneficial to create a Village Center or meet a need for service in a residential or commercial neighborhood.5

• Rezoning to R-4 with a MU Combining District – The project also proposes to rezone the site from Neighborhood Business (C-1) to High Density Residential (R-4) with a MU Mixed Use (MU) combining district overlain on the site. The proposed R-4 zoning district supports residential uses with a maximum density of 36 du/ac, minimum property line setbacks of nine feet for side yard on one side and 20 feet total for two side yards added together, 20 feet for front yard, and 20 feet for rear yard.6 For residential developments greater than two stories (or thirty feet) in height, additional setbacks are required for each story above the second story. The maximum height allowed under R-4 is four stories (or 55 feet). A height bonus of up to five feet is allowed when underground parking is included in the development.7

The proposed MU combining district overlay is intended to modify the site development regulations of the R-4 zoning district to allow for the development of commercial/office uses on appropriately situated residential sites. These mixed use developments are reserved for sites located within one-half mile of a major expressway, or public transit stop (VTA Light Rail or Caltrain). The residential and commercial uses may be located in the same building or in separate buildings on-site, and projects where the uses are combined within the same building while utilizing underground parking are encouraged. The minimum lot size for this combining district is two acres. Applying this combining district to a site could potentially allow for an increase in height of 10 feet above the base zoning maximum and one story above the base zoning maximum. Sites within this combining district are required to include a commercial/office component equal to a minimum of 10 percent of the lot area and up to

5 City of Sunnyvale. General Plan - Chapter 3: Land Use and Transportation. June 2022. Page 3-85. 6 City of Sunnyvale. Municipal Code. Chapter 19.34 – Front, Side and Rear Yards. Table 19.34.030. 7 City of Sunnyvale. Municipal Code. Chapter 19.32.020 – Building Height, Lot Coverage, and Floor Area Ratio.

Attachment 10

1313 South Wolfe Road GPA & Rezoning 11 Initial Study
City of Sunnyvale February 2024
a maximum of 25 percent of the lot area. Uses permitted in the C-1 zoning district are allowed for the required commercial/office component.8

There is no specific development application on file at this time associated with the proposed project. However, unrelated to this project, there is a development application on file for a portion of the site (APN 309-10-015) to redevelop the existing gas station at 878 East Fremont Avenue into a new gas station with a convenience store and quick service restaurant (Project file # 2016-7978), which is evaluated in a separate environmental document.

The analysis in this document for the proposed GPA and rezoning is generally programmatic in nature. For the purpose of the Initial Study analysis, it is assumed the project would result in demolition of the existing restaurant, gas station, and landscaping on-site and construction of a 70- foot tall, mixed-use building with 62 multi-family residential units and 7,579 square feet of ground floor commercial space, consistent with the development standards (e.g., setbacks and building height) of the proposed zoning. This future development would result in a density of 35.2 du/ac, consistent with the proposed land use and zoning designation.

The Initial Study analysis also assumes that the City would require future development on-site to dedicate a minimum of nine feet of project frontage on South Wolfe Road and 10 feet of project frontage along East Fremont Avenue to accommodate the improvements identified in the City’s Wolfe Road Corridor Traffic Study such as additional turn lanes and space for bike lanes. In addition, future development on-site would install upgraded, Americans with Disabilities Act (ADA) compliant pedestrian push buttons on the southwest corner of the South Wolfe Road/East Fremont Avenue intersection, and new ADA compliant directional curb ramps at the southwest and southwest corner of adjacent Wolfe Road/Fremont Avenue intersection.

Future development under the project would be subject to supplemental environmental review.

8 City of Sunnyvale. Municipal Code. Section 19.26.220 – Mixed use (MU) combining district.

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1313 South Wolfe Road GPA & Rezoning 12 Initial Study
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Section 4.0 Environmental Setting, Checklist,
and Impact Discussion
This section presents the discussion of impacts related to the following environmental subjects in their respective subsections:

4.1 Aesthetics

4.2 Agriculture and Forestry Resources

4.3 Air Quality

4.4 Biological Resources

4.5 Cultural Resources

4.6 Energy

4.7 Geology and Soils

4.8 Greenhouse Gas Emissions

4.9 Hazards and Hazardous Materials

4.10 Hydrology and Water Quality

4.11 Land Use and Planning

4.12 Mineral Resources

4.13 Noise

4.14 Population and Housing

4.15 Public Services

4.16 Recreation

4.17 Transportation

4.18 Tribal Cultural Resources

4.19 Utilities and Service Systems

4.20 Wildfire

4.21 Mandatory Findings of Significance
The discussion for each environmental subject includes the following subsections:

• Environmental Setting – This subsection 1) provides a brief overview of relevant plans, policies, and regulations that compose the regulatory framework for the project and 2) describes the existing, physical environmental conditions at the project site and in the surrounding area, as relevant.
• Impact Discussion – This subsection 1) includes the recommended checklist questions from Appendix G of the CEQA Guidelines to assess impacts and 2) discusses the project’s impact on the environmental subject as related to the checklist questions. For significant impacts, feasible mitigation measures are identified. “Mitigation measures” are measures that will minimize, avoid, or eliminate a significant impact (CEQA Guidelines Section 15370). Each impact is numbered to correspond to the checklist question being answered. For example, the discussion under checklist question a) answers the first checklist question in the Biological Resources section. Mitigation measures are also numbered to correspond to the impact they address. For example, MM BIO-1.3 refers to the third mitigation measure for the first impact in the Biological Resources section.

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1313 South Wolfe Road GPA & Rezoning 13 Initial Study
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Aesthetics

4.1.1 Environmental Setting
Regulatory Framework
State
Senate Bill 743
Senate Bill (SB) 743 was adopted in 2013 and requires lead agencies to use alternatives to level of service (LOS) for evaluating transportation impacts, specifically vehicle miles traveled (VMT). SB 743 also included changes to CEQA that apply to transit-oriented developments, as related to aesthetics and parking impacts. Under SB 743, a project’s aesthetic impacts will no longer be considered significant impacts on the environment if:

• The project is a residential or mixed-use residential project, or employment center project; and
• The project is located on an infill site within a transit priority area.9

SB 743 also clarifies that local governments retain their ability to regulate a project’s aesthetics impacts outside of the CEQA process.

Streets and Highway Code Sections 260 through 263
The California Scenic Highway Program (Streets and Highway Code, Sections 260 through 263) is managed by the California Department of Transportation (Caltrans). The program is intended to protect and enhance the natural scenic beauty of California highways and adjacent corridors through special conservation treatment.

In Santa Clara County, the one state-designated scenic highway is State Route (SR) 9 from the Santa Cruz County line to the Los Gatos City Limit. Eligible state scenic highways (not officially designated) include: SR 17 from the Santa Cruz County line to SR 9, SR 35 from Santa Cruz County line to SR 9,

9 An “infill site” is defined as “a lot located within an urban area that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins or is separated only by an improved public right- of-way from, parcels that are developed with qualified urban uses.” A “transit priority area” is defined as “an area within 0.5 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan.” A “major transit stop” means “a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.” Source:

California Legislative Information. “Chapter 2.7. Modernization of Transportation Analysis for Transit-Oriented Infill Projects [21099- 21099.].” Accessed September 14, 2023. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PRC&division=13.&part=&chapter=2.7. &article=.

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1313 South Wolfe Road GPA & Rezoning 14 Initial Study
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Interstate 280 from the San Mateo County line to SR 17, and the entire length of SR 152 within the County.10

Local
City of Sunnyvale General Plan
The City of Sunnyvale General Plan (General Plan) includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to aesthetic resources and are applicable to the proposed project.

Sunnyvale Municipal Code
Sunnyvale Municipal Code (SMC) Title 19 (Zoning) provides development standards and regulations meant to enhance the visual quality of new development through building height limits, building density, building design and landscaping standards, architectural features, setback requirements, sign regulations, usable open space requirements, and public artwork in private developments. The Zoning Code promotes good design and careful planning of development projects to enhance the visual environment.

• Chapter 19.94 (Tree Preservation) regulates the protection, installation, removal and long term management of significantly sized trees on private property within the City and City-

10 California Department of Transportation. “State Scenic Highway Map” Accessed October 10, 2023. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa.

Policy Description
Land Use and Transportation Element
LT-4.1

Preserve and enhance an attractive community, with a positive image, a sense of place, landscaping, and a human scale.

LT-4.3 Enforce design review guidelines and zoning standards that ensure the mass and scale of new structures are compatible with adjacent structures, and also recognize the City’s vision of the future for transition areas such as neighborhood Village Centers and El Camino Real nodes.

CC-1.3 Ensure that new development is compatible with the character of special districts and residential neighborhoods.

CC-3.1 Place a priority on quality architecture and site design which will enhance the image of Sunnyvale and create a vital and attractive environment for businesses, residents and visitors, and be reasonably balanced with the need for economic development to assure Sunnyvale’s economic prosperity.

CC-3.2 Ensure site design is compatible with the natural and surrounding built environment.

CC-5.2 Enhance the visual character of the city by preserving diverse as well as harmonious architectural styles, reflecting various phases of the city’s historical development and the cultural traditions of past and present residents.

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1313 South Wolfe Road GPA & Rezoning 15 Initial Study
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owned golf courses and parks; encourages the proper protection and maintenance of significantly sized trees which are located on such property; establishes a review and permit procedure to assure the correct planting, maintenance, protection and removal of significant trees on such property; and establishes penalties for violation of its provisions.

The provisions of Chapter 19.94 identify and prescribe specific procedures and requirements for the filing, processing, and consideration of the removal and preservation of trees. A significant size tree, or protected tree, is defined as:

− Any single trunk tree 38 inches or greater in circumference (the circumference of the tree is measured at 4.5 feet above the ground); or − Any multi-trunk tree which has at least one trunk 38 inches or greater in circumference or where the measurements of the multi-trunks added together equal at least 113 inches.

In addition to the provisions of the Zoning Code, Chapter 13.16 (City Trees) within SMC Title 13 provides guidance and regulations on City trees, including protected trees, removal or damage to trees, and permitting. Permitting is required for planting trees in the public ROW, removal or maintenance to protected trees, and construction affecting protected trees.

Sunnyvale Development Review Process
The City’s development review process includes the review of preliminary plans and the consideration of public input by the Zoning Administrator, the Planning Commission, and the City Council. The City reviews private and public development applications for conformance with City plans, ordinances, and policies related to zoning, urban design, and CEQA.

Existing Conditions
Scenic Vistas
The term scenic vista typically refers to an expansive view of an area that is visually or aesthetically pleasing, usually as seen from an elevated point or open area. The project site is in a highly developed area of the City and is located on relatively flat land, which limits the amount of expansive views from the project area. Obstructed views of the Santa Cruz Mountains can be seen in the project vicinity, looking south on South Wolfe Road and west of East Fremont Avenue.

Visual Character and Quality
There are no state-designated scenic highways in Sunnyvale and the project site is not visible from a designated state scenic highway. The project site contains two existing buildings: a single-story gas station located on the northern portion of the site that consists of a convenience store with a flat roof, four dual-sided fuel stations, and a flat overhang, and a single-story restaurant located on the southern portion of the site with a flat roof, brick cladding, and a drive-through lane. Both buildings have surface parking areas surrounding the existing structures. The central portion of the project site between the two buildings is currently undeveloped. The existing landscaping on-site is Attachment 10

1313 South Wolfe Road GPA & Rezoning 16 Initial Study
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comprised of 29 trees, shrubs, limited lawn areas, and an undeveloped portion with natural groundcover. The trees and shrubs are located along the perimeter of the site and restaurant building, there is no landscaping surrounding the gas station. Of the 29 trees on-site, 15 are protected trees as defined by the Sunnyvale Zoning Code. Additional information regarding the trees on-site can be found in Section 4.4 Biological Resources.

The surrounding area in the immediate vicinity of the project site consists of two- to three-story residential and commercial properties. The properties to the west and south of the project site are developed with two- to three-story multi-family residential buildings. These properties are separated from the project site by a five- to six-foot tall concrete wall. A two-story building containing medical offices is located to the north of the site on the north side of East Fremont Avenue. To the east of the project site, on the east side of South Wolfe Road, is two-story hotel with minimally landscaped areas surrounding the property. A single-family residential neighborhood is located southeast of the site which is developed with one- to two-story residential structures.

Views of the project site and the surrounding area are shown in Photos 1-6.

Location within a Transit Priority Area
This project site is located within a half mile of the major transit stops along El Camino Real (see Figure 4.1 1). El Camino Real is served by Frequent Route 22 and Rapid Route 522, both of which have headways of 15 minutes. Therefore, the project site is within a transit priority area as defined in SB 743.

Attachment 10

Photo 1: View from the southeast corner of the project site looking south on South Wolfe Road.

Photo 2: View from the eastern boundary of the project site looking north on South Wolfe Road.

PHOTOS 1 & 2
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Attachment 10

Photo 3: View from the southern porƟon of the project site looking north at the exisƟng restaurant building.

Photo 4: View from the eastern boundary of the project site looking west towards the undeveloped porƟon of the site.

PHOTOS 3 & 4
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Attachment 10

Photo 5: View from the northeastern corner of the project site looking west on East Fremont Avenue.

Photo 6: View from the northeastern corner of the project site looking east towards the Fremont Avenue/Wolfe Road intersecƟon.

PHOTOS 5 & 6
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Attachment 10

East Fremont Avenue
South Wolfe RoadSouth Wolfe Road
Navarro Drive
Carlisle Way
Floyd Avenue
Devonshire Way
Kingfisher Way
Bryant Way
Poplar Avenue
Henderson Avenue
Rembrandt Drive
Bryant Way
Dunford Way
Teal Drive
El Camino Real
El Camino Real
East Fremont Avenue
South Wolfe RoadSouth Wolfe Road
Navarro Drive
Carlisle Way
Floyd
Avenue
Devonshire Way
Kingfisher Way
Bryant Way
Poplar Avenue
Henderson Avenue
Rembrandt Drive
Bryant Way
Dunford Way
Teal Drive
El Camino Real
El Camino Real
82 Base Map Source: ArcGIS Map Viewer
0 150 600 900 1,500 Feet
Project Site
Transit Priority Areas
TRANSIT PRIORITY AREAS FIGURE 4.1-1
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1313 South Wolfe Road GPA & Rezoning 21 Initial Study
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4.1.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Except as provided in Public Resources Code Section
21099, would the project:
a) Have a substantial adverse effect on a scenic
vista?

b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?

c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings?11 If the
project is in an urbanized area, would the
project conflict with applicable zoning and other
regulations governing scenic quality?

d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?

a) Would the project result in significant aesthetic impacts?

The project would allow the site to be redeveloped in the future with multi-family residential and commercial uses on-site. Implementation of the project would result in usual changes to the project site; however, the project would be a residential or mixed-use residential project located on an infill site within a transit priority area. Pursuant to SB 743, (Public Resources Code section 21099[d][1]) “aesthetic and parking impacts of a residential, mixed-use residential, or employment center on an infill site within a transit priority area shall not be considered significant impacts on the environment;” therefore, the aesthetics impacts of the project are not significant.

In addition, the project is required to obtain City design approval before construction and is required to comply with the design standards outlined in the City Zoning Code. The review and approval of the building design would further reduce the project’s less than significant aesthetic impacts. (Less than Significant Impact)

11 Public views are those that are experienced from publicly accessible vantage points.

Attachment 10

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Agriculture and Forestry Resources

4.2.1 Environmental Setting
Regulatory Framework
State
Farmland Mapping and Monitoring Program
The California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) assesses the location, quality, and quantity of agricultural land and conversion of these lands over time. Agricultural land is rated according to soil quality and irrigation status. The best quality land is identified as Prime Farmland. In CEQA analyses, the FMMP classifications and published county maps are used, in part, to identify whether agricultural resources that could be affected are present on-site or in the project area.12

California Land Conservation Act
The California Land Conservation Act (Williamson Act) enables local governments to enter into contracts with private landowners to restrict parcels of land to agricultural or related open space uses. In return, landowners receive lower property tax assessments. In CEQA analyses, identification of properties that are under a Williamson Act contract is used to also identify sites that may contain agricultural resources or are zoned for agricultural uses.13

Fire and Resource Assessment Program
The California Department of Forestry and Fire Protection (CAL FIRE) identifies forest land, timberland, and lands zoned for timberland production that can (or do) support forestry resources.14 Programs such as CAL FIRE’s Fire and Resource Assessment Program and are used to identify whether forest land, timberland, or timberland production areas that could be affected are located on or adjacent to a project site.15

12 California Department of Conservation. “Farmland Mapping and Monitoring Program.” Accessed September 13, 2023. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx. 13 California Department of Conservation. “Williamson Act.” Accessed February 6, 2024. http://www.conservation.ca.gov/dlrp/lca.
14 Forest Land is land that can support 10 percent native tree cover and allows for management of forest resources (California Public Resources Code Section 12220(g)); Timberland is land not owned by the federal government or designated as experimental forest land that is available for, and capable of, growing trees to produce lumber and other products, including Christmas trees (California Public Resources Code Section 4526); and Timberland Production is land used for growing and harvesting timber and compatible uses (Government Code Section 51104(g)).
15 California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed September 13, 2023. http://frap.fire.ca.gov/.

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Existing Conditions
The project site has a General Plan land use designation of Commercial and zoning of Neighborhood Business (C-1). The project site is currently developed with a commercial restaurant and an operational gas station, and is surrounded by office uses to the north, residential uses to south and west, and a hotel use to the east.

The Santa Clara County Important Farmlands 2020 Map designates the project site as “Urban and Built-Up Land”, which is defined as land with at least six structures per 10 acres. Common examples of “Urban and Built-Up Land” are residential, institutional, industrial, commercial, landfill, golf course, airports, and other utility uses.16 No lands adjacent to the project site are used for agricultural production, forest land, or timberland. Surrounding properties are designated, zoned, and used for urban uses. There are no Williamson Act parcels on or in the vicinity of the project site.17

4.2.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?

b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?

c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)), timberland
(as defined by Public Resources Code Section
4526), or timberland zoned Timberland
Production (as defined by Government Code
Section 51104(g))?

d) Result in a loss of forest land or conversion of
forest land to non-forest use?

16 California Natural Resources Agency. “Santa Clara County Important Farmland 2020.” Accessed September 13, 2023. Available at: https://www.conservation.ca.gov/dlrp/fmmp/Pages/SantaClara.aspx 17 County of Santa Clara. “Williamson Act and Open Space Easement.” September 17, 2018. Accessed September 13, 2023. Available at: https://plandev.sccgov.org/policies-programs/williamson-act-and-open-space-easement Attachment 10

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland
to non-agricultural use or conversion of forest
land to non-forest use?

a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?

The project site is designated as “Urban and Built-Up Land” on maps prepared by the California Resources Agency for Santa Clara County. Therefore, no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance would be converted to non-agricultural use as a result of project implementation. (No Impact)

b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?

As discussed in Section 4.2.1.2 Existing Conditions, the project site is zoned Neighborhood Business (C-1). The project site is not under a Williamson Act contract. Therefore, the project would not conflict with existing zoning for an agricultural use or a Williamson Act contract. (No Impact)

c) Would the project conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production?

As discussed in Section 4.2.1.2 Existing Conditions, the project site is not zoned, or adjacent to land zoned, for forest land, timberland, or Timberland Production. It is in an urban area surrounded by urban development. Therefore, the project would not conflict with existing zoning or require rezoning of forest land or timberland uses. (No Impact)

d) Would the project result in a loss of forest land or conversion of forest land to non-forest use?

The project site is in an urbanized area of the City and is currently developed with a restaurant and gas station. Therefore, no forest land would be lost as a result of the project. (No Impact)

Attachment 10

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e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?

The project site is in an urbanized area of the City. No agricultural or forestry uses are on-site or in the vicinity of the project site. Therefore, the project would not result in impacts to agricultural lands or forest lands. (No Impact)

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Air Quality

4.3.1 Environmental Setting
Background Information
Criteria Pollutants
Criteria air pollutants are pollutants that have established federal or state standards for outdoor concentrations to protect public health. Pursuant with the federal and state Clean Air Act, the United States Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) have established and enforce the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS), respectively. The NAAQS and CAAQS address the following criteria air pollutants: ozone (O3), nitrogen dioxide (NO2), carbon monoxide (CO), particulate matter with a diameter of 10 microns or less (PM10), particulate matter with a diameter of 2.5 micros or less (PM2.5), sulfur dioxide (SO2), and lead. The CAAQS also includes visibility reducing particles, sulfates, hydrogen sulfide, and vinyl chloride.

Toxic Air Contaminants
Toxic air contaminants (TACs) include airborne chemicals that are known to have short- and long- term adverse health effects. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, diesel fuel combustion, and commercial operations (e.g., dry cleaners). TACs are typically found in low concentrations, even near their source (e.g., diesel particulate matter [DPM] near a freeway). Unlike criteria air pollutants, which have a regional impact, TACs are highly localized and regulated at the individual emissions source level.

DPM is the predominant TAC in urban air and is estimated to represent about three-quarters of the cancer risk from TACs. Diesel exhaust is a complex mixture of gases, vapors, and fine particles.

Medium- and heavy-duty diesel trucks represent the bulk of DPM emissions from California highways. The majority of DPM is small enough to be inhaled into the lungs. Most inhaled particles are subsequently exhaled, but some deposit on the lung surface or are deposited in the deepest regions of the lungs (most susceptible to injury).18 Chemicals in diesel exhaust, such as benzene and formaldehyde, are also TACs identified by the CARB.

An overview of the sources of criteria pollutants and TACs, as well as their associated health effects, is provided in Table 4.3-1.

18 California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed September 14, 2023. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health.

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Table 4.3-1: Sources and Health Effects of Criteria Air Pollutants and Toxic Air Contaminants Pollutants Description and Sources Primary Effects
Ozone (O3) O3 is a secondary criteria air pollutant that is the result of a photochemical (sunlight) reaction between reactive
organic gases (ROG) and nitrogen oxides (NOx). Pollutants emitted by motor vehicles, power plants, industrial
boilers, refineries, and chemical plants are the common source for this reaction. High O3 levels are caused by the cumulative emissions of ROG and NOX. These precursor
pollutants react under certain meteorological conditions to form high O3 levels. Commons sources of ROG and NOx
are vehicles, industrial plants, and consumer products. • Aggravation of respiratory
and cardiovascular diseases
• Irritation of eyes
• Cardiopulmonary function
impairment
Nitrogen
Dioxide (NO2)
NO2 is a reactive gas that combines with nitric oxide (NO) to form NOx. NO2 the byproduct of fuel combustion with
common sources of NO2 being emissions from cars, trucks, buses, power plants, and off-road equipment. Sources of NO2 include motor vehicle exhaust, high temperature
stationary combustion, atmospheric reactions.
• Aggravation of respiratory
illness
• Reduced visibility
Carbon
Monoxide (CO)
CO is a colorless, odorless, and toxic gas that is the
product of incomplete combustion of carbon-containing
substances (e.g., when something is burned). Common
outdoor sources of CO include mobile vehicles (passenger cars and trucks) and machinery that burn fossil fuels.
• Interferes with oxygen
delivery to the body’s organ
due to binding with the
hemoglobin in the blood
• Fatigue, headaches,
confusion, and dizziness
Fine
Particulate
Matter (PM2.5)
and Coarse
Particulate
Matter (PM10)
Particulate Matter is any material that is emitted as liquid or solid particles or a gaseous material, such as dust, soot, aerosols, and fumes. PM10 and PM2.5 are both small
enough particulates to be inhaled into the human lungs, and PM2.5 is small enough to deposit into the lungs, which poses an increased health risk compared to PM10. Typical sources of particular matter include stationary
combustion of solid fuels, construction activities, vehicles, industrial processes, and atmospheric chemical reactions. • Reduced lung function,
especially in children
• Aggravation of respiratory
and cardiorespiratory
diseases
• Increased cough and chest
discomfort
• Reduced visibility
Sulfur Dioxide
(SO2)
SO2 is a pungent and colorless gaseous pollutant the is part of the sulfur oxides (SOx) group and is the pollutant of greatest concern in the SOx group. SOx can react with
other compounds in the atmosphere to form small
particles. These particles contribute to particulate matter pollution. SO2 is primarily formed from fossil fuel
combustion at power plants and other industrial facilities.

Sources of SO2 include motor vehicles, locomotives, ships, and off-road diesel equipment that are operated with
fuels that contain high levels of sulfur. Industrial
processes, such as natural gas and petroleum extraction, oil refining, and metal processing.
• Aggravation of respiratory
illness
• Respiratory irritation such
as wheezing, shortness of
breath and chest tightness
• Increased incidence of
pulmonary symptoms and
disease, decreased
pulmonary function
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Pollutants Description and Sources Primary Effects
Lead Lead is a naturally occurring element that can be found in all parts of the environment including the air, soil, and water. As an air pollutant, lead is present in small
particles. The most common historic source of lead
exposure was the past use of leaded gasoline in motor
vehicles. The exhaust resulting from use of leaded
gasoline would release lead emissions into the air. Now, major sources of lead in the air are from ore and metals processing plants and piston-engine aircraft operating on leaded aviation fuel. Other sources are waste incinerators, utilities, and lead-acid battery manufacturers. The highest air concentrations of lead are usually found near lead
smelters.
• Adversely affect the
nervous system, kidney
function, immune system,
reproductive and
developmental systems and
the cardiovascular system
Toxic Air
Contaminants
(TACs)
TACs include certain air pollutants known to increase the risk of cancer and/or other serious health effects that range from eye irritation, respiratory issues, and
neurological damage. Sources of TAC include, but are not limited to, cars and trucks, especially diesel-fueled;
industrial sources, such as chrome platers; dry cleaners and service stations; and building materials and products. • Cancer
• Chronic eye, lung, or
skin irritation
• Neurological and
reproductive disorders

Sensitive Receptors
Some groups of people are more affected by air pollution than others. CARB has identified the following persons who are most likely to be affected by air pollution: children under 16, the elderly over 65, athletes, and people with cardiovascular and chronic respiratory diseases. These groups are classified as sensitive receptors. Locations that may contain a high concentration of these sensitive population groups include residential areas, hospitals, daycare facilities, elder care facilities, and elementary schools.

Regulatory Framework
Federal and State
Clean Air Act
At the federal level, the EPA is responsible for overseeing implementation of the Clean Air Act and its subsequent amendments. The federal Clean Air Act requires the EPA to set national ambient air quality standards for the six common criteria pollutants (discussed previously): PM, O3, CO, SO2, NO2, and lead.19

19 NOx is the group of nitrogen compounds (NO2 and nitric oxide [NO]) that typically represents NO2 emissions because NO2 emissions contribute the majority of NOx exhaust emissions emitted from fuel combustion.

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CARB is the state agency that regulates mobile sources throughout the state and oversees implementation of the state air quality laws and regulations, including the California Clean Air Act.

The EPA and the CARB have adopted ambient air quality standards establishing permissible levels of these pollutants to protect public health and the climate. Violations of ambient air quality standards are based on air pollutant monitoring data and are determined for each air pollutant. Attainment status for a pollutant means that a given air district meets the standard set by the EPA and/or CARB.

Diesel Risk Reduction Plan
To address the issue of diesel emissions in the state, CARB developed the Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles. In addition to requiring more stringent emission standards for new on-road and off-road mobile sources and stationary diesel-fueled engines to reduce particulate matter emissions by 90 percent, this plan involves application of emission control strategies to existing diesel vehicles and equipment to reduce DPM (in additional to other pollutants). Implementation of this plan, in conjunction with stringent federal and CARB-adopted emission limits for diesel fueled vehicles and equipment (including off-road equipment), will significantly reduce emissions of DPM and NOX.

Regional
2017 Clean Air Plan
The Bay Area Air Quality Management District (BAAQMD) is the agency primarily responsible for assuring that the federal and state ambient air quality standards are maintained in the San Francisco Bay Area. Regional air quality management districts, such as BAAQMD, must prepare air quality plans specifying how federal and state air quality standards will be met. BAAQMD’s most recently adopted plan is the Bay Area 2017 Clean Air Plan. The 2017 Clean Air Plan focuses on the following two related BAAQMD goals and how to achieve them:

• Protect air quality and health at the regional and local scale by attaining all state and national air quality standards and eliminating disparities among Bay Area communities in cancer health risk from TAC; and
• Protect the climate by reducing Bay Area GHG emissions 40 percent below 1990 levels by 2040 and 80 percent below 1990 levels by 2050.20

CEQA Air Quality Guidelines
The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area.

Jurisdictions in the San Francisco Bay Area Air Basin utilize the thresholds and methodology for assessing air quality impacts developed by BAAQMD within their CEQA Air Quality Guidelines. The guidelines include information on legal requirements, BAAQMD rules, methods of analyzing

20 Bay Area Air Quality Management District. Final 2017 Clean Air Plan. April 19, 2017. Page 12.

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impacts, and recommended mitigation measures. The latest CEQA Air Quality Guidelines are the 2022 CEQA Air Quality Guidelines adopted on April 20, 2023 by the Air District Board of Directors.

Local
City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to air quality and are applicable to the proposed project.

Policy Description
Land Use and Transportation Element
LT-2.1 Enhance the public’s health and welfare by promoting the city’s environmental and economic health through sustainable practices for the design, construction, maintenance, operation, and deconstruction of buildings, including measures in the Climate Action Plan.

Environmental Management Element
EM-11.2 Utilize land use strategies to reduce air quality impact.

EM-11.3 Require all new development to utilize site planning to protect citizens from unnecessary exposure to air pollutants.

EM-11.4 Apply the Indirect Source Rule to new development with significant air quality impacts. Indirect Source review would cover commercial and residential projects as well as other land uses that produce or attract motor vehicle traffic.

EM-11.6 Contribute to a reduction in regional vehicle miles travelled.

EM-11.8 Assist employers in meeting requirements of Transportation Demand Management (TDM) plans for existing and future large employers and participate in the development of TDM plans for reemployment centers in Sunnyvale.

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City of Sunnyvale Climate Action Playbook
The City of Sunnyvale Climate Action Playbook (August 2019) sets a vision for the City to reduce carbon emissions by 2050. The playbook includes six strategies with “plays” that identify areas for action to reduce GHG emissions (including air pollutant emissions). The following plays from the plan are related to air quality and are applicable to the proposed project.

Existing Conditions
The San Francisco Bay Area (Bay Area) Air Basin is designated a non-attainment area for the federal O3 and PM2.5 standards and for the state O3, PM10, and PM2.5 standards.21 The area has attained both NAAQS and CAAQS for CO, SO2, and NO2.22 As the regional air district, BAAQMD is responsible for attaining the NAAQS and CAAQS for these pollutants. As part of an effort to attain and maintain ambient air quality standards for O3, PM10, and PM2.5, BAAQMD has established thresholds of significance for these air pollutants and their precursors that apply to both construction period and operational period impacts. Controlling the emissions of these precursor pollutants is the focus of the Bay Area’s attempts to reduce O3 levels. The highest O3 levels in the Bay Area occur in the eastern and southern inland valleys where temperatures are higher, there is less wind circulation, and sources of the precursor pollutants (ROG and NOx) are prominent. In the Bay Area, most particulate matter is generated from the following activities: combustion, factories, construction, grading, demolition, agriculture, and motor vehicles. Motor vehicles are currently responsible for about half of particulates in the Bay Area. Elevated concentrations of PM10 and PM2.5 are the result of both region-wide emissions and localized emissions.

21 Bay Area Air Quality Management District. “Air Quality Standards and Attainment Status.” Last Updated January 5, 2017. Accessed September 13, 2023. https://www.baaqmd.gov/about-air-quality/research-and-data/air-quality- standards-and-attainment-status.
22 The area has attained both state and federal ambient air quality standards for CO. The project does not include substantial new emissions of SO2 or lead. These criteria pollutants are not discussed further.

Play Description
Strategy 2: Decarbonizing Buildings

2.3 Achieve all-electric new construction
Strategy 3: Decarbonizing Transportation & Sustainable Land Use

3.1 Increase opportunities for and encourage development of mixed-use sites to reduce vehicle miles per person

3.2 Increase Transportation Options and Support Shared Mobility Attachment 10

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4.3.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?

b) Result in a 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?

c) Expose sensitive receptors to substantial
pollutant concentrations?

d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?

Note: Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the determinations.

a) Would the project conflict with or obstruct implementation of the applicable air quality plan?

The BAAQMD CEQA Air Quality Guidelines set forth criteria for determining consistency with the 2017 CAP. In general, a project is considered consistent if a) it supports the primary goals of the 2017 CAP; b) it includes relevant control measures; and c) it does not interfere with implementation of the 2017 CAP control measures.

The project is a GPA and rezoning that would allow for the development of mixed-use residential building on the commercially-designated 1.76-acre project site. The project would support the primary goals of the CAP, which are to protect public health and protect the climate. These goals are achieved through attainment of air quality standards, reducing exposure of populations to emissions, and reducing greenhouse gas emissions. The proposed project would facilitate mixed- use infill development on a site located within an urbanized and transit-oriented area with access to jobs and services, which would be an efficient form of development that allows increased use of public transportation, reduced VMT, and reduced greenhouse gas emissions. Additionally, as discussed below under checklist questions b) and c) and in Section 4.8 Greenhouse Gas Emissions, future development consistent with the project assumptions would make a minimal contribution to local and regional air pollutant and greenhouse gas emissions during both construction and operation.

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The 2017 CAP contains 85 control measures that describe specific actions to reduce emissions and are categorized based on the economic sector framework used by CARB for the AB 32 Scoping Plan Update. The sectors covered by the control measures are: Stationary (Industrial Sources), Transportation, Energy, Buildings, Agriculture, Natural and Working Lands, Waste Management, Water, and Super-GHG Pollutants. Many strategies are related to industrial sources and are not applicable to the project. The key strategies related to buildings and energy are:

• Expand the production of low-carbon, renewable energy by promoting on-site technologies such as rooftop solar, wind and ground-source heat pumps; • Support the expansion of community choice energy programs throughout the Bay Area; • Promote energy and water efficiency in both new and existing buildings; and • Promote the switch from natural gas to electricity for space and water heating in Bay Area buildings.

Consistent with the City’s Reach Code, future development consistent with the project assumptions would install solar panels on all new buildings, be 100 percent electric with no natural gas appliances, and be enrolled in Silicon Valley Clean Energy which provides electricity that is 100 percent GHG-emission free. Based on this discussion, the project would not disrupt, delay, or otherwise hinder the implementation of any of the control measures. For these reasons, the project would not conflict with or obstruct implementation of the 2017 CAP. (Less than Significant Impact)

b) Would the project result in a 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?

As discussed previously in Section 4.3.1.3 Existing Conditions above, the Bay Area is considered a non-attainment area for ground-level O3 and PM2.5 under both the federal and state Clean Air Act.

The area is also considered a non-attainment area for PM10 under the state act, but not the federal act. The Bay Area has attained both state and federal ambient air quality standards for CO.

The BAAQMD CEQA Air Quality Guidelines contains screening level sizes for various land use types and development. The screening levels were developed to provide a conservative indication of whether a proposed project could result in potentially significant air quality impacts. If the project consists of a single land use, meets specific criteria regarding construction and operation of the project, and is below the screening levels, a detailed air quality assessment of a project’s air pollutant emissions is not required, and the project’s air quality impacts are considered less than significant. As part of BAAQMD’s most recent update to their CEQA Air Quality Guidelines in April 2023, a Mixed Land Use Screening Tool for Criteria Pollutants and Precursors was also released. This tool allows lead agencies to evaluate whether a proposed mixed land use project could result in potentially significant criteria air pollutants and precursors impacts.

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The proposed project includes an amendment to the General Plan and rezoning that would result in changes at the policy level and does not include a specific development proposal; however, it is expected that the policy changes would facilitate the development of a mixed-use building with up to 62 multi-family residential units and 7,579 square feet of ground floor commercial space. The density of the land uses assumed under the project are below the single land use BAAQMD screening levels for construction and operation, and the BAAQMD Mixed Land Use Screening Tool indicates that further analysis would not be required. However, because construction activities would require demolition of the existing structures on-site, an analysis of construction-related criteria air pollutant or precursor emissions would be required when a specific development application associated with the project is proposed for the site. In addition, if the future development on-site proposes operational activities that would include stationary engines (e.g., backup generators), an analysis of operational criteria air pollutant or precursor emissions could also be required.

Future development of the project site would require further environmental review, including the technical analyses described above, and would be required to adhere to the following measures consistent with the standard BAAQMD construction Best Management Practices (BMPs) for reduction in construction-related criteria air pollutant emissions.

• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt trackout onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 mph. • 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.
• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site. • Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel. • Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

Additional measures, such as utilizing construction equipment that meets U.S. EPA Tier 4 emission standards for NOx and PM, may be required of future development to reduce construction-related criteria air pollutant emissions below the BAAQMD thresholds of significance. It is assumed that future development would implement the above standard BAAQMD BMPs and any additional Attachment 10

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measures identified in the project-level air quality analysis, to reduce construction-related emissions below the BAAQMD thresholds of significance and, therefore, result in a less than significant impact. (Less than Significant Impact)

c) Would the project expose sensitive receptors to substantial pollutant concentrations?

Project impacts related to increased community health risk can occur by introducing a new source of TACs with the potential to adversely affect existing sensitive receptors in the project vicinity. In addition, project construction activities would generate dust and equipment exhaust that could affect nearby sensitive receptors such as the residential uses adjacent to the site.

As discussed under checklist question b) above, any future development on the project site would be required to implement measures consistent with the standard BAAQMD construction BMPs to control dust and exhaust during construction activities at the project site.

The operation a future mixed-use residential development consistent with development assumptions in this Initial Study would not result in any localized emissions that could expose sensitive receptors in the surrounding environment to unhealthy air pollutant levels. When operating, future residents and visitors to the commercial uses on-site would generate automobile traffic; however, these emissions are anticipated to result in fairly low impacts in terms of TAC or PM2.5 exposure and there would be no other operational sources of TAC or PM2.5. Stationary sources of TACs, such as generators, are generally not included in mixed-use residential developments of this scale.

When a specific development application associated with the project is proposed, a community risk assessment would be completed. If significant health risks are identified in the assessment, measures such as implementing BAAQMD enhanced BMPs and/or utilizing construction equipment that meets U.S. EPA Tier 4 emission standards for NOx and PM, would be required to reduce the health risk to below the BAAQMD thresholds of significance. For this reason, the project would not result in significant health risk impacts. (Less than Significant Impact)

d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?

Examples of land uses that generate considerable odors include wastewater treatment plants, landfills, and chemical plants. The project would allow for residential and a limited amount of commercial land uses, which are not land uses that generate emissions leading to objectionable odors. Implementation of the project would result in minor emissions of diesel exhaust during construction activities. These odors would be temporary in nature and minimized with the implementation of the measures identified under checklist question b). For these reasons, the project and future development made possible by the project would not result in significant odors. (Less than Significant Impact)

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Biological Resources

4.4.1 Environmental Setting
Regulatory Framework
Federal and State
Endangered Species Act
Individual plant and animal species listed as rare, threatened, or endangered under state and federal Endangered Species Acts are considered special-status species. Federal and state endangered species legislation has provided the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations.

Permits may be required from both the USFWS and CDFW if activities associated with a proposed project would result in the take of a species listed as threatened or endangered. To “take” a listed species, as defined by the State of California, is “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill” these species. Take is more broadly defined by the federal Endangered Species Act to include harm of a listed species.

In addition to species listed under state and federal Endangered Species Acts, Sections 15380(b) and (c) of the CEQA Guidelines provide that all potential rare or sensitive species, or habitats capable of supporting rare species, must be considered as part of the environmental review process. These may include plant species listed by the California Native Plant Society and CDFW-listed Species of Special Concern.

Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act (MBTA) prohibits killing, capture, possession, or trade of migratory birds except in accordance with regulations prescribed by the Secretary of the Interior.

Hunting and poaching are also prohibited. This includes direct and indirect acts, except for harassment and habitat modification, which are not included unless they result in direct loss of birds, nests, or eggs. The CDFW also protects migratory and nesting birds under California Fish and Game Code Sections 3503, 3503.5, and 3800. The CDFW defines taking as causing abandonment and/or loss of reproductive efforts through disturbance.

Sensitive Habitat Regulations
Wetland and riparian habitats are considered sensitive habitats under CEQA. They are also afforded protection under applicable federal, state, and local regulations, and are generally subject to regulation by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), CDFW, and/or the USFWS under provisions of the federal Clean Water Act (e.g., Sections 303, 304, 404) and State of California Porter-Cologne Water Quality Control Act.

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Fish and Game Code Section 1602
Streambeds and banks, as well as associated riparian habitat, are regulated by the CDFW per Section 1602 of the Fish and Game Code. Work within the bed or banks of a stream or the adjacent riparian habitat requires a Streambed Alteration Agreement from the CDFW.

Local
City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to biological resources and are applicable to the proposed project.

Urban Forest Management Plan
The Urban Forest Management Plan (UFMP) was adopted by the City in 2014 to sustain, protect, and promote the urban forest. The UFMP contains goals and guidelines for tree maintenance and encouraging positive tree management.

Sunnyvale Municipal Code
The SMC contains several chapters related to the protection of biological resources such as trees.

Chapters relevant to the project site include the following:

• Chapter 13.16 (City Trees) provides guidance and regulations on City trees, including protected trees, removal or damage to trees, and permitting.23 Permitting is required for planting trees in the public right of way, removal or maintenance to protected trees, and construction affecting protected trees.

23 Pursuant to SMC Chapter 13.16, a “City tree” is defined as any woody plant which is growing within the public right-of-way along a city street and has a trunk four inches or more in diameter at four and one-half feet above normal ground level.

Policy Description
Land Use and Transportation Element
LT-2.3 Accelerate the planting of large canopy trees to increase tree coverage in Sunnyvale in order to add to the scenic beauty and walkability of the community; provide environmental benefits such as air quality improvement, wildlife habitat, and reduction of heat islands; and enhance the health, safety, and welfare of residents.

LT-2.5 Recognize the value of protected trees and heritage landmark trees (as defined in City ordinances) to the legacy, character, and livability of the community by expanding the designation and protection of large signature and native trees on private property and in City parks.

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• Chapter 19.94 (Tree Preservation) regulates the protection, installation, removal and long term management of significantly sized trees on private property within the City and City owned golf courses and parks; encourages the proper protection and maintenance of significantly sized trees which are located on such property; establishes a review and permit procedure to assure the correct planting, maintenance, protection and removal of significant trees on such property; and establishes penalties for violation of its provisions.

The provisions of Chapter 19.94 identify and prescribe specific procedures and requirements for the filing, processing, and consideration of the removal and preservation of trees. A significant size tree (or protected tree) is defined as:

o Any single trunk tree 38 inches or greater in circumference (the circumference of the tree is measured at 4.5 feet above the ground); or
o Any multi-trunk tree which has at least one trunk 38 inches or greater in circumference or where the measurements of the multi-trunks added together equal at least 113 inches.

Bird Safe Design Guidelines
In order to address bird safety concerns, the City Council adopted the Bird Safe Building Design Guidelines in January 2014. The intent of these guidelines is to reduce the risk of bird collisions in new construction. These guidelines focus on building design issues based upon the location of the proposed building and provide a set of design requirements. These guidelines address design requirements for (1) sites within 300 feet of a body of water or that are adjacent to an open space or park area larger than one acre in size and (2) for other areas of the City that are considered to be lower risk for bird collisions. The design requirements include minimizing reflective surfaces and glass walls, reducing nighttime lighting, discouraging the placement of larger water features, and avoiding landscape designs that emphasize tall landscaping adjacent to reflective surfaces.

Existing Conditions
Most of the project site is developed with existing structures. The site is within an urban area and provides habitat and foraging opportunities for urban-adapted birds. Habitats primarily associated with Bay Area special-status species, such as riparian, wetland, salt marsh, freshwater marsh, and serpentine grassland habitats, are not present on or adjacent to the site. The nearest waterway is the Sunnyvale East Channel, which is a man-made channel constructed to mitigate the risk associated with flooding in the area. It is located approximately 0.46-mile to the west of the project site. The nearest wetland area is the freshwater pond located adjacent to the Sunnyvale Community Center, approximately 0.75-mile northwest of the project site.

The primary biological resources on-site are trees. The project site contains 29 trees, including 15 protected trees as defined in the SMC. The predominant tree species on-site is the coast redwood, which comprises approximately 41 percent of the trees within the project site. The 15 protected trees on-site are primarily located along the southern and western boundaries of the project site, and several are located along South Wolfe Road on the eastern project boundary. The largest tree Attachment 10

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on-site is a coast redwood located on the western boundary of the project site, which has a trunk circumference of approximately 89 inches.

4.4.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department
of Fish and Wildlife (CDFW) or United States Fish
and Wildlife Service (USFWS)?

b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the CDFW or USFWS?

c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?

d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, impede the use of
native wildlife nursery sites?

e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?

f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?

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a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS?

Because the project site is mostly developed and occupied, located in an urban area surrounded by development, and lacks sensitive habitats, no special status species are expected on the project site. However, nesting birds (which are protected under provisions of the MBTA and CDFW regulations) may be periodically present in trees and landscaping on and adjacent to the project site. Future development would be required comply with MBTA and CDFW to avoid disturbing active nests that may be affected by project construction. Compliance with the MBTA and CDFW regulations could include implementation the following measure, or equivalent, by future development:

• When possible, construction shall be scheduled to avoid the nesting season to the extent feasible. The nesting season for most birds, including most raptors, in the San Francisco Bay area extends from February 1 through August 31.

If it is not possible to schedule construction and tree removal between September and January, then pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of grading, tree removal, or other demolition or construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August).

During this survey, the ornithologist shall inspect all trees and other possible nesting habitats within and immediately adjacent to the construction area for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist shall determine the extent of a construction-free buffer zone to be established around the nest to ensure that nests of bird species protected by the MBTA or Fish and Game code shall not be disturbed during project construction.

A final report of nesting birds, including any protection measures, shall be submitted to the Director of Community Development prior to the start of grading or tree removal.

Compliance with the MBTA and CDFW regulations would result in less than significant impacts to nesting birds by avoiding construction activities during the nesting season and conducting preconstruction surveys in order to avoid disturbing active nests that may be affected by project construction. (Less than Significant Impact)

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b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFW or USFWS?

As discussed in Section 4.4.1.2 Existing Conditions, the project site and adjacent sites do not contain any riparian habitat or other sensitive natural communities. The nearest waterway is the Sunnyvale East Channel, which is located approximately 0.46-mile to the west of the project site. Given the distance to the nearest waterway and riparian habitat, future development under the proposed project would not result in impacts to riparian habitat or other sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or USFWS. (No Impact)

c) Would the project have a substantial adverse effect on state or federally protected wetlands through direct removal, filling, hydrological interruption, or other means?

As discussed in Section 4.4.1.2 Existing Conditions, the project site and adjacent sites do not contain any wetlands. The nearest wetland area is the freshwater pond located adjacent to the Sunnyvale Community Center approximately 0.75-mile northwest of the project site.24 Future development under the proposed project would not result in impacts to state or federally protected wetlands. (No Impact)

d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

The project site is in a developed urban area, and it does not contain any waterways, wetlands, or open space areas along the San Francisco Bay that could provide habitat or movement corridors for wildlife species (including fish, birds, and non-flying wildlife) in the region. There are no identified wildlife nursery sites present on the project site.25 For these reasons, future development under the project would not impact migratory fish or wildlife species, wildlife corridors, and wildlife nursery sites. (No Impact)

24 United States Fish and Wildlife Service. National Wetlands Inventory, Surface Waters and Wetlands. Map. May 2021.
25 A wildlife nursery site is defined as a site where wildlife concentrates for hatching and/or raising young, such as rookeries, spawning areas and bat colonies.

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e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Sunnyvale Municipal Code Chapters 13.16 and 19.94
As discussed in Section 4.4.1.2 Existing Conditions, the project site contains 29 trees, including 15 protected trees as defined in the SMC. Most of the trees are located on the perimeter of the project site. Future development on-site could result in the removal of on-site trees or street trees. Any trees removed would be replaced at a 1:1 ratio, and future development would obtain the necessary permits to plant, maintain, remove, and protect city trees during construction, consistent with the requirements in SMC Chapter 13.16. Pursuant to SMC Chapter 19.94, future development would follow the procedures and requirements for removing any of the 15 protected trees on the project site. At the discretion of the Director of Community Development, replacement trees may be required as a condition of issuance of a protected tree removal permit, or as a condition of any discretionary permit for development or redevelopment (SMC Chapter 19.94.080). Based on this discussion, implementation of the project would not conflict with the SMC Chapters 13.16 and

19.94. (Less than Significant Impact)

Bird Safe Design Guidelines
The City’s Bird Safe Building Design Guidelines stipulate that efforts should be taken to reduce bird strikes in all locations of the City. Implementation of the project could result in the development of an up to 70-foot tall, mixed-use building on-site. Future development on-site would be designed to comply with the following applicable Bird Safe Design Guidelines.

• Avoid large expanse of glass near open areas, especially when tall landscaping is immediately adjacent to the glass walls
• Avoid the funneling of open space towards a building face • Prohibit glass skyways or freestanding glass walls
• Avoid transparent glass walls coming together at building corners to avoid birds trying to fly through glass
• Reduce glass at top of building, especially when incorporating a green roof into the design; • Prohibit up lighting or spotlights
• Shield lighting to cast light down onto the area to be illuminated • Turn commercial building lights off at night or incorporate blinds into window treatment to use when lights are on at night
• Create smaller zones in internal lighting layouts to discourage wholesale area illumination

The City would review future development during the design review process to ensure compliance with the City’s Bird Safe Design Guidelines. (Less than Significant Impact) Attachment 10

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f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

The project site is not part of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. The Santa Clara Valley Habitat Plan/Natural Community Conservation Plan (Habitat Plan) is a conservation program to promote the recovery of endangered species in portions of Santa Clara County while accommodating planned development, infrastructure, and maintenance activities. The City of Sunnyvale, including the project site, is located outside the Habitat Plan area and outside of the expanded study area for burrowing owl conservation. Therefore, it would not conflict with any approved local, regional, or state habitat conservation plan. (No Impact) Attachment 10

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Cultural Resources
The following discussion is based upon a Literature Search prepared by Archaeological/Historical Consultants dated January 2023. A copy of the Literature Search, which is a confidential report, is on file at the City of Sunnyvale and is available for review upon request with appropriate credentials.

4.5.1 Environmental Setting
Regulatory Framework
Federal and State
National Historic Preservation Act
Federal protection is legislated by the National Historic Preservation Act of 1966 (NHPA) and the Archaeological Resource Protection Act of 1979. These laws maintain processes for determination of the effects on historical properties eligible for listing in the National Register of Historic Places (NRHP). Section 106 of the NHPA and related regulations (36 Code of Federal Regulations [CFR] Part 800) constitute the primary federal regulatory framework guiding cultural resources investigations and require consideration of effects on properties that are listed or eligible for listing in the NRHP.

Impacts to properties listed in the NRHP must be evaluated under CEQA.

California Register of Historical Resources
The California Register of Historical Resources (CRHR) is administered by the State Office of Historic Preservation and encourages protection of resources of architectural, historical, archeological, and cultural significance. The CRHR identifies historic resources for state and local planning purposes and affords protections under CEQA. Under Public Resources Code Section 5024.1(c), a resource may be eligible for listing in the CRHR if it meets any of the NRHP criteria.26

Historical resources eligible for listing in the CRHR must meet the significance criteria described previously and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. A resource that has lost its historic character or appearance may still have sufficient integrity for the CRHR if it maintains the potential to yield significant scientific or historical information or specific data.

The concept of integrity is essential to identifying the important physical characteristics of historical resources and, therefore, in evaluating adverse changes to them. Integrity is defined as “the authenticity of a historical resource’s physical identity evidenced by the survival of characteristics that existed during the resource's period of significance.” The processes of determining integrity are similar for both the CRHR and NRHP and use the same seven variables or aspects to define integrity

26 California Office of Historic Preservation. “CEQA Basics.” Accessed September 14, 2023. https://ohp.parks.ca.gov/?page_id=21721.

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that are used to evaluate a resource’s eligibility for listing. These seven characteristics include 1) location, 2) design, 3) setting, 4) materials, 5) workmanship, 6) feeling, and 7) association.

Senate Bill 18
The intent of SB 18 is to aid in the protection of traditional tribal cultural places through local land use planning by requiring city governments to consult with California Native American tribes on projects which include adoption or amendment of general plans (defined in Government Code Section 65300 et seq.) and specific plans (defined in Government Code Section 65450 et seq.). SB 18 requires local governments to consult with tribes prior to making certain planning decisions and to provide notice to tribes at certain key points in the planning process.

California Native American Historical, Cultural, and Sacred Sites Act The California Native American Historical, Cultural, and Sacred Sites Act applies to both state and private lands. The act requires that upon discovery of human remains, construction or excavation activity must cease and the county coroner be notified.

Public Resources Code Sections 5097 and 5097.98
Section 15064.5 of the CEQA Guidelines specifies procedures to be used in the event of an unexpected discovery of Native American human remains on non-federal land. These procedures are outlined in Public Resources Code Sections 5097 and 5097.98. These codes protect such remains from disturbance, vandalism, and inadvertent destruction, establish procedures to be implemented if Native American skeletal remains are discovered during construction of a project, and establish the Native American Heritage Commission (NAHC) as the authority to resolve disputes regarding disposition of such remains.

Pursuant to Public Resources Code Section 5097.98, in the event of human remains discovery, no further disturbance is allowed until the county coroner has made the necessary findings regarding the origin and disposition of the remains. If the remains are of a Native American, the county coroner must notify the NAHC. The NAHC then notifies those persons most likely to be related to the Native American remains. The code section also stipulates the procedures that the descendants may follow for treating or disposing of the remains and associated grave goods.

California Health and Safety Code Section 7050.5
Section 7050.5 of the California Health and Safety Code states that it is a misdemeanor to knowingly disturb a human burial and requires that excavation be halted in the event of discovery of human remains in accordance with Public Resources Code Section 5097.98.

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Local
City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to cultural resources and are applicable to the proposed project.

In addition, the General Plan includes Action LT-1.10f to protect cultural resources. Action LT-1.10f states to continue to condition projects to halt all ground-disturbing activities when unusual amounts of shell or bone, isolated artifacts, or other similar features are discovered. Retain an archaeologist to determine the significance of the discovery. Mitigation of discovered significant cultural resources shall be consistent with Public Resources Code Section 21083.2 to ensure protection of the resource.

Sunnyvale Municipal Code
Chapter 19.96 (Heritage Preservation) of the SMC establishes the Heritage Preservation Commission to oversee the designation, preservation, restoration, rehabilitation, relocation, or reconstruction of qualified historic resources (e.g., buildings, properties, signs, features, and trees).

The Heritage Preservation Commission has the chance to review all permit applications regarding heritage resources, heritage resource districts, landmark site, or landmark district designated structures that involve changing use, exterior alteration, or demolition; and approve, disapprove, or approve as modified said applications.

Heritage Resource Inventory
The City maintains a Heritage Resource Inventory (HRI) containing landmarks, trees, residential and commercial districts, and individual structures of local importance. There are two main types of protected structures in Sunnyvale: heritage resources and local landmarks. A local landmark is the highest level of protection afforded by the City under the SMC. Heritage resources have a somewhat lower level of protection that recognizes properties which have architectural or historic Policy Description
Community Character Element
CC-5.1 Preserve existing landmarks and cultural resources and their environmental settings.

CC-5.2 Enhance the visual character of the City by preserving diverse as well as harmonious architectural styles, reflecting various phases of the City’s historical development and the cultural traditions of past and present residents.

CC-5.3 Identify and work to resolve conflicts between the preservation of historic resources and alternative land uses.

CC-5.4 Seek out, catalog and evaluate heritage resources which may be significant.

CC-5.5 Archeological resources should be preserved whenever possible.

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significance. The inventory was last updated in September 2018.27 In February 2022, the Heritage Preservation Commission identified a need to update the HRI, which would take approximately two years to complete.28

Existing Conditions
Historic Resources
Sunnyvale was a historically agricultural community until the mid-twentieth century when the economy shifted towards industrial uses and, as a result, the City became more urbanized. The area surrounding the project site was historically split between agricultural and residential land uses.

From the late 1800s through the 1950s, the project site and surrounding properties were used for agricultural purposes before being developed with residential and commercial structures.

The project site currently contains two buildings, the gas station (which was constructed in 1962) and the restaurant building (which was constructed in 1978). To be considered a historic resource, a site must meet certain sets of criteria including relevance to local and regional history, its association with historic figures, and the distinctiveness of its architecture. The project site does not contain any structures listed the NRHP or the CRHP; nor does it contain any resources listed on the City of Sunnyvale Historic Resources Inventory.29

Archaeological Resources
A records search at the Northwest Information Center of the California Historical Resources Information System (CHRIS) was completed to identify all recorded archaeological sites on and within one-quarter mile of the project site. No archaeological resources have been recorded on the site, and only one built environment resource was recorded as being within one-quarter mile of the project site. This built environment resource (the 1895 Rolla Butcher Jr. House) was located approximately 350 feet north of the project site and was listed on the Sunnyvale Cultural Resources Inventory before being demolished in 1980.

Historic-era maps and aerial photos were also reviewed to identify the potential for historic archaeological resources in the project site. A review of historic maps shows no evidence of structures on the project area until the 1960s. Based on the historic uses on-site and the lack of substantial development prior to the current structures, the project site has a low sensitivity to contain historic era archaeological resources.

27 City of Sunnyvale. “Heritage Resources Inventory.” Revised September 2018. Accessed February 6, 2024. https://www.sunnyvale.ca.gov/home/showpublisheddocument/1556/637820850915270000. 28 City of Sunnyvale. 2022 Council Study Issue (22-0006). February 17, 2022. 29 City of Sunnyvale. “Heritage Resources Inventory.” Accessed: September 18, 2023. Available at:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1556/637820850915270000.

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Native American archaeological sites are most often found in flat locations with access to a perennial source of fresh water. In Santa Clara County, these Native American sites are most often found within one-half mile of major watercourses and one-quarter mile of minor watercourses.

Soils deposited during the Holocene era (approximately 11,700 years ago), are more likely to contain buried archaeological deposits. Within the project area, the soil consists of Pleistocene alluvial fan deposits, which were deposited prior to 11,700 years ago. The nearest water source in late pre-history was located approximately one mile to the southeast. Based on the absence of previously recorded archaeological resources within a one-quarter mile of the project site, the age of underlying soils, and the lack of nearby water courses, the project site has a low sensitivity for buried Native American archaeological deposits.

4.5.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
CEQA Guidelines Section 15064.5?

b) Cause a substantial adverse change in the
significance of an archaeological resource as
pursuant to CEQA Guidelines Section 15064.5?

c) Disturb any human remains, including those
interred outside of dedicated cemeteries?

a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5?

The project site currently contains two buildings, a gas station constructed in 1962 and a restaurant building constructed in 1978. As discussed in Section 4.5.1.2 Existing Conditions, the project site does not contain any structures currently listed the NRHP or the CRHP; nor does it contain any resources listed on the City of Sunnyvale Historic Resources Inventory. Although the site does not contain any currently listed resources, the gas station is over 50 years old, and the restaurant building may be over 50 years old when a specific development is proposed on-site in the future.

Neither of the existing structures on-site have been previously evaluated for their potential historic significance.

Future development on-site shall avoid impacts to historic resources by complying with General Plan policies CC 5.1, CC-5.3, and CC-5.4 of preserving existing cultural resources and their environmental setting, identify and resolve conflicts between preservation of historic resources and alternative land uses, and seek out, catalog, and evaluation resources that may be significant (Less than Significant Impact)
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b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5?

No archaeological resources have been previously identified on or adjacent to the project site. As discussed in Section 4.5.1.2 Existing Conditions, the site has a low sensitivity for pre-historic archaeological resources and a low sensitivity for historic-era archaeological resources. Future development under the project, however, could disturb previously unknown archaeological resources on-site during excavation. Future development under the project would comply with the NHPA, CRHR, Archaeological Resource Protection Act of 1979, General Plan Policy CC-5.5, and General Plan Action LT-1.10f to avoid and/or reduce impacts to archaeological resources to a less than significant level by preserving archaeological resources, halting all ground-disturbing activities if resources are encountered, retaining a qualified archaeologist to evaluate the significance of the encountered resources pursuant to existing regulations, and implementing measures to protect the resource. Therefore, the project would not adversely impact archaeological resources. (Less than Significant Impact)

c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries?

As discussed in checklist question b) above, although the project site has low sensitivity for pre- historic resources, ground-disturbing activities during the construction of future developments on- site could impact unknown underground resources, including human remains. Future development under the project would comply with existing regulations, including Public Resources Code Section 5097 and 5097.98, California Health and Safety Code Section 7050.5, and General Plan Policy CC-5.5 to protect human remains (if discovered on-site) by following existing protocol to halt work in the event of a discovery, notifying the Santa Clara County Coroner and NAHC as applicable, and implementing measures to protect and reinter the remains. Therefore, the project would not result in significant impacts to human remains. (Less than Significant Impact)

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Energy

4.6.1 Environmental Setting
Regulatory Framework
Federal and State
Energy Star and Fuel Efficiency
At the federal level, energy standards set by the EPA apply to numerous consumer products and appliances (e.g., the EnergyStar™ program). The EPA also sets fuel efficiency standards for automobiles and other modes of transportation.

Renewables Portfolio Standard Program
In 2002, California established its Renewables Portfolio Standard Program, with the goal of increasing the percentage of renewable energy in the state’s electricity mix to 20 percent of retail sales by 2010. Governor Schwarzenegger issued Executive Order (EO) S-3-05, requiring statewide emissions reductions to 80 percent below 1990 levels by 2050. In 2008, EO S-14-08 was signed into law, requiring retail sellers of electricity serve 33 percent of their load with renewable energy by 2020. In October 2015, Governor Brown signed SB 350 to codify California’s climate and clean energy goals. A key provision of SB 350 requires retail sellers and publicly owned utilities to procure 50 percent of their electricity from renewable sources by 2030. SB 100, passed in 2018, requires 100 percent of electricity in California to be provided by 100 percent renewable and carbon-free sources by 2045.

Executive Order B-55-18 To Achieve Carbon Neutrality
In September 2018, Governor Brown issued an executive order, EO-B-55-18 To Achieve Carbon Neutrality, setting a statewide goal “to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter.” The executive order requires CARB to “ensure future Scoping Plans identify and recommend measures to achieve the carbon neutrality goal.” EO-B-55-18 supplements EO S-3-05 by requiring not only emissions reductions, but also that, by no later than 2045, the remaining emissions be offset by equivalent net removals of CO2 from the atmosphere through sequestration.

California Building Standards Code
The Energy Efficiency Standards for Residential and Nonresidential Buildings, as specified in Title 24, Part 6 of the California Code of Regulations (Title 24), was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately Attachment 10

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every three years.30 Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments.31

California Green Building Standards Code
CALGreen establishes mandatory green building standards for buildings in California. CALGreen was developed to reduce GHG emissions from buildings, promote environmentally responsible and healthier places to live and work, reduce energy and water consumption, and respond to state environmental directives. CALGreen covers five categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality.

Advanced Clean Cars Program
CARB adopted the Advanced Clean Cars II program in 2022 in coordination with the EPA and National Highway Traffic Safety Administration. The program combines the control of smog-causing pollutants and GHG emissions into a single coordinated set of requirements for vehicle model years 2026 through 2035. The program promotes development of environmentally superior passenger cars and other vehicles, as well as saving the consumer money through fuel savings.32

Local
City of Sunnyvale Climate Action Playbook
The City of Sunnyvale Climate Action Playbook (August 2019) sets a vision for the City to reduce carbon emissions by 2050. The playbook includes six strategies with “plays” that identify areas for action to reduce GHG emissions (including energy consumption). The following play is related to energy and are applicable to the proposed project.

30 California Building Standards Commission. “California Building Standards Code.” Accessed September 13, 2023. https://www.dgs.ca.gov/BSC/Codes#@ViewBag.JumpTo.
31 California Energy Commission (CEC). “2022 Building Energy Efficiency Standards.” Accessed September 13, 2023. https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2019-building- energy-efficiency.
32 California Air Resources Board. “Advanced Clean Cars II.” Accessed September 13, 2023. https://ww2.arb.ca.gov/our-work/programs/advanced-clean-cars-program/advanced-clean-cars-ii Attachment 10

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Sunnyvale Green Building Program
In May 2019, the City revised the green building standards for new construction, additions, and remodels of buildings.33 The green building standards increase energy efficiency for heating and cooling and promote reduced vehicle travel. Incentives are offered for projects that exceed the minimum green building standards to encourage project applicants and developers to provide additional green building features. At minimum, new residential projects are required to implement CALGreen Mandatory Measures and achieve 90 points minimum on the GreenPoint Rated Checklist with a Build it Green Certification.

Sunnyvale Reach Code
The California Energy Commission (CEC) approved the City’s Reach Code Ordinance, which went in effect on January 26, 2021. The Reach Code is a local energy code for buildings design and construction that go beyond the minimum state requirements. The purpose of the Reach Code is to help reduce GHG emissions by promoting electric versus natural gas energy use. The Reach Code Ordinance applies to new residential and nonresidential construction, and includes the following requirements:

• Gas appliances including cooking range, water heater, space heater, fireplace, etc. are not permitted
• Solar panels are required for all new buildings
• Electric vehicle charging stations (or conduit and preliminary wiring for them) are required for all new building parking lots

33 City of Sunnyvale. Green Building Program. May 2019.

Play Description
Strategy 1: Promoting Clean Electricity

1.1 Promote 100 percent clean electricity

1.2 Increase local solar photovoltaics
Strategy 2: Decarbonizing Buildings

2.3 Achieve all-electric new construction
Strategy 3: Decarbonizing Transportation & Sustainable Land Use

3.2 Increase Transportation Options and Support Shared Mobility Strategy 4: Managing Resources Sustainable

4.1 Achieve Zero Waste goals for solid waste

4.2 Ensure resilience of water supply

4.3 Enhance natural carbon sequestration capacity
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Sunnyvale Construction and Demolition Waste Diversion
The City requires remodel or demolition projects where 50 percent or more of the exterior wall will be removed to recycle or reuse at least 65 percent of the project’s nonhazardous waste.34 Recycling of nonhazardous waste reduces the energy use to produce new materials from raw, non-renewable resources.

Existing Conditions
Total energy usage in California was approximately 6,278.7 trillion British thermal units (Btu) in the year 2021, the most recent year for which this data was available.35 Out of the 50 states, California is ranked second in total energy consumption and 49th in energy consumption per capita. The breakdown by sector was approximately 20 percent (14,732.2 trillion Btu) for residential uses, 19 percent (1,396.7 trillion Btu) for commercial uses, 23.2 percent (1,704.4 trillion Btu) for industrial uses, and 37.8 percent (2,785 trillion Btu) for transportation.36 This energy is primarily supplied in the form of natural gas, petroleum, nuclear electric power, and hydroelectric power.

Electricity
Electricity in Santa Clara County in 2021 was consumed primarily by the non-residential sector (74 percent), followed by the residential sector consuming 23 percent. In 2021, a total of approximately 16,407 gigawatt hours (GWh) of electricity was consumed in Santa Clara County.37

The community-owned Silicon Valley Clean Energy (SVCE) is the electricity provider for the City of Sunnyvale.38 SVCE sources the electricity and the Pacific Gas and Electric Company (PG&E) delivers it to customers over their existing utility lines. Customers are automatically enrolled in the GreenStart plan and can upgrade to the GreenPrime plan. Both options are considered 100 percent GHG-emission free.

34 City of Sunnyvale. “Construction Waste.” January 1, 2022. Accessed September 13, 2023. https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/construction-waste. 35 United States Energy Information Administration. “State Profile and Energy Estimates, 2020.” Accessed September 13, 2023. https://www.eia.gov/state/?sid=CA#tabs-2. 36 Ibid.
37 California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed September 13, 2023. http://ecdms.energy.ca.gov/elecbycounty.aspx. 38 Silicon Valley Clean Energy. “Frequently Asked Questions.” Accessed September 13, 2023. https://www.svcleanenergy.org/faqs.

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Natural Gas
PG&E provides natural gas services within the City of Sunnyvale. In 2022, California’s natural gas supply came from a combination of in-state production and imported supplies from other western states and Canada.39 In 2021 residential and commercial customers in California used 33 percent of the state’s natural gas, power plants used 0.01 percent, the industrial sector used 33 percent.40 In 2021, Santa Clara County used less than one percent of the state’s total consumption of natural gas.41

Fuel for Motor Vehicles
In 2022, California produced 124 million barrels of crude oil and in 2019, and 15.4 billion gallons of gasoline were sold in California. 42 43 The average fuel economy for light-duty vehicles (autos, pickups, vans, and sport utility vehicles) in the United States has steadily increased from about 13.1 miles per gallon (mpg) in the mid-1970s to 25.4 mpg in 2021.44 Federal fuel economy standards have changed substantially since the Energy Independence and Security Act was passed in 2007.

That standard, which originally mandated a national fuel economy standard of 35 miles per gallon by the year 2020, was updated in April 2022 to require all cars and light duty trucks achieve an overall industry average fuel economy of 49 mpg by model year 2026. 45,46

39 California Gas and Electric Utilities. 2022 California Gas Report. Accessed September 13, 2023. https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_Gas_Report_2022 .pdf.
40 United States Energy Information Administration. “Natural Gas Consumption by End Use.” 2021. Accessed September 13, 2023. https://www.eia.gov/dnav/ng/ng_cons_sum_dcu_SCA_a.htm. 41 California Energy Commission. “Natural Gas Consumption by County.” Accessed September 13, 2023. http://ecdms.energy.ca.gov/gasbycounty.aspx.
42 U.S. Energy Information Administration. “Petroleum & Other Liquids, California Field Production of Crude Oil.” February 28, 2023. https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=pet&s=mcrfpca1&f=a 43 California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed September 13, 2023. https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist. 44 United States Environmental Protection Agency. “The 2023 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” December 2023. Accessed February 6, 2024. https://www.epa.gov/system/files/documents/2023-12/420r23033.pdf 45 United States Department of Energy. Energy Independence & Security Act of 2007. Accessed September 13, 2023. http://www.afdc.energy.gov/laws/eisa.
46 United States Department of Transportation. USDOT Announces New Vehicle Fuel Economy Standards for Model Year 2024-2026.” Accessed September 13, 2023. https://www.nhtsa.gov/press-releases/usdot-announces-new- vehicle-fuel-economy-standards-model-year-2024-2026
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4.6.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Result in a potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?

b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

a) Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?

Construction
Implementation of the project would require energy for the manufacture and transportation of building materials, preparation of the site (e.g., demolition and grading), and construction of buildings and other improvements. These construction processes are generally designed to be efficient in order to avoid excess monetary cost, therefore, inefficient or wasteful use of energy is not expected to occur. Further, project development in urbanized areas (such as the project site) with proximity to roadways, construction supplies, and workers is already more efficient than construction occurring in outlying, undeveloped areas. In addition, BAAQMD's 2022 CEQA Guidelines includes BMPs for construction related GHG emissions, which in turn, would avoid wasteful inefficient, or unnecessary consumption of energy sources. Applicable BMPs that may be used by future development include, but are not limited to, use of off-road construction equipment that meets U.S. EPA Tier 4 emission standards, off-road heavy-duty trucks to be zero emissions or meet the most stringent emissions standard, minimizing idling time of equipment, and limit of hours of operation for off-road diesel-powered equipment. For these reasons, the construction process would be considered efficient.

Future development made possible by the project would also comply with the City’s requirements to recycle and/or salvage for reuse a minimum of 65 percent of nonhazardous construction and demolition waste, minimizing energy impacts from the creation of excessive waste. For these reasons, construction activities would not use fuel or energy in a wasteful manner. (Less than Significant Impact)

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Operation
Future development made possible by the project would be designed for energy efficiency and conservation, in accordance with the City’s Climate Action Playbook, Green Building Program, and Reach Code. Future residential mixed-use development on-site would be required to implement CALGreen Mandatory Measures, achieve 90 points minimum on the GreenPoint Rated Checklist, and install solar panels on any new buildings, ensuring an energy-efficient design. In addition, consistent with the requirements of SMC Section 19.45.040, future development would prepare a transportation demand management (TDM) program for the residential portion of the development, which would reduce energy demand for vehicular transportation. Future development would also be constructed to meet the latest California Building Energy Efficiency Standards (Title 24 California Code of Regulations). Adherence to General Plan policies, existing regulations, adopted plans and policies would ensure that any future residential mixed-use project would not consume energy in a manner that is wasteful, inefficient, or unnecessary. (Less than Significant Impact)

b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?

Electricity for future development made possible by the project would be from SVCE, which is 100 percent GHG-emission free energy from renewable and hydroelectric sources, consistent with the state’s RPS program and SB 350.47 In addition, future development under the project would meet state mandated Title 24 energy efficiency standards and CALGreen standards by complying with the Sunnyvale Green Building standards and the City’s residential Reach Code (all-electric construction).

Future development made possible by the project would be required to comply with the plays from the City’s Climate Action Playbook of promoting 100% clean energy (Play 1.1), installing solar photovoltaic panels (Play 1.2), achieving all-electric new construction (Play 2.3), providing on-site recycling services and recycling/salvaging demolition waste (Play 4.1), and planting new trees (Play

4.3). Therefore, future development made possible by the project would not obstruct a state or local plan for renewable energy or energy efficiency. (Less than Significant Impact)

47 SVCE is the default electricity provider in the City. Building occupants/owners need to voluntarily opt-out of SVCE in order to obtain electricity directly from PG&E.

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Geology and Soils

4.7.1 Environmental Setting
Regulatory Framework
State
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed following the 1971 San Fernando earthquake. The act regulates development in California near known active faults due to hazards associated with surface fault ruptures. Alquist-Priolo maps are distributed to affected cities, counties, and state agencies for their use in planning and controlling new construction. Areas within an Alquist-Priolo Earthquake Fault Zone require special studies to evaluate the potential for surface rupture to ensure that no structures intended for human occupancy are constructed across an active fault.

Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) was passed in 1990 following the 1989 Loma Prieta earthquake. The SHMA directs the California Geological Survey (CGS) to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. CGS has completed seismic hazard mapping for the portions of California most susceptible to liquefaction, landslides, and ground shaking, including the central San Francisco Bay Area. The SHMA requires that agencies only approve projects in seismic hazard zones following site-specific geotechnical investigations to determine if the seismic hazard is present and identify measures to reduce earthquake-related hazards.

California Building Standards Code
The California Building Standards Code (CBC) prescribes standards for constructing safe buildings.

The CBC contains provisions for earthquake safety based on factors including occupancy type, soil and rock profile, ground strength, and distance to seismic sources. The CBC requires that a site- specific geotechnical investigation report be prepared for most development projects to evaluate seismic and geologic conditions such as surface fault ruptures, ground shaking, liquefaction, differential settlement, lateral spreading, expansive soils, and slope stability. The CBC is updated every three years.

California Division of Occupational Safety and Health Regulations Excavation, shoring, and trenching activities during construction are subject to occupational safety standards for stabilization by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) under Title 8 of the California Code of Regulations and Attachment 10

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Excavation Rules. These regulations minimize the potential for instability and collapse that could injure construction workers on the site.

Public Resources Code Section 5097.5
Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. They range from mammoth and dinosaur bones to impressions of ancient animals and plants, trace remains, and microfossils. These materials are valued for the information they yield about the history of the earth and its past ecological settings. California Public Resources Code Section 5097.5 specifies that unauthorized removal of a paleontological resource is a misdemeanor. Under the CEQA Guidelines, a project would have a significant impact on paleontological resources if it would disturb or destroy a unique paleontological resource or site or unique geologic feature.

Regional
Municipal Stormwater National Pollutant Discharge Elimination System Permit The San Francisco Bay RWQCB has issued a Municipal NPDES Permit (MRP), which requires the use of Low Impact Development (LID) stormwater treatment controls (e.g., infiltration or bioretention- based facilities) to treat post-construction stormwater runoff. The City of Sunnyvale, as a permittee, reviews and enforces stormwater treatment controls on development sites to minimize pollutant discharge, as well as erosion and sedimentation.

Provision C.6.c of the MRP outlines the BMP categories that permittees must require all construction sites to implement. These BMPs are divided into six sections which include erosion control, run-on and run-off control, sediment control, active treatment systems, good site management, and non-stormwater management. Each construction site is required to implement the BMPs that are seasonally and phase appropriate.

Local
City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to geologic and soil resources and are applicable to the proposed project.

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In addition, the General Plan includes Action LT-1.10f to protect cultural resources and the intent of this action is to also be applied to paleontological resources.48 Consistent with the intent of Action LT-1.10f, if paleontological resources are encountered during construction of a project, all ground- disturbing activities near the find shall be halt, a qualified paleontologist shall evaluate the find and prescribe measures to preserve the find.

Sunnyvale Municipal Code
SMC Titles 16 (Building and Construction) and 12 (Water and Sewers) includes the CBC and requirements for soil erosion control. In accordance with the SMC, procedures for the issuance, administration, and enforcement of a building and grading permits are employed in order to protect health and safety, this includes the reduction or elimination of the hazards of undue settlement, erosion, siltation, and flooding, or other special conditions. SMC Chapter 12.60.230 outlines the BMPs required for development projects mandating effective erosion control, run-on and runoff control, sediment control, active treatment systems, good site management, and non- stormwater management through all phases of construction.

Existing Conditions
Regional Geology
The City of Sunnyvale is located in the Coast Ranges Geomorphic Province in California. The mountain ranges in this Geomorphic Province are generally northwest trending and were formed tens of millions of years ago by intense folding and faulting caused by tectonic activity between the Pacific Oceanic Plate and the North American Continental Plate.

On-Site Geological Conditions
Soils and Topography
The project site is located on relatively flat land that slopes very gently northeast towards the San Francisco Bay. Sunnyvale, including the project site, is a part of Santa Clara Valley which spans the

48 City of Sunnyvale. 2017 Land Use and Transportation Element Draft Environmental Impact Report. August 2016.

Policy Description
Environmental Management Element
EM-8.5

Prevent accelerated soil erosion. Continue implementation of a construction site inspection and control program to prevent discharges of sediment from erosion and discharges of other pollutants from new and redevelopment projects.

Safety and Noise Element
SN-1.1

Evaluate and consider existing and potential hazards in developing land use policies.

Make land use decisions based on an awareness of the hazards and potential hazards for the specific parcel of land.

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stretch between the Santa Cruz Mountain Range to the southwest and west and the Diablo Range to the northeast. The site consists of two commercial buildings with paved surface parking lots, an undeveloped parcel in the center of the site, and small landscaping areas primarily around the perimeter of the site and restaurant building. The near surface soil on-site is classified as urban land flaskan complex, which is generally composed of gravelly sandy clay loam that has a medium degree of plasticity and a moderate potential for expansion.49

Seismicity and Seismic Hazards
As the San Francisco Bay Area contains numerous active and potentially active faults, there is a high potential for seismic events such as fault surface ruptures and ground shaking, which can cause ground failure (landslides), settlement, erosion, liquefaction, lateral spreading, and soil expansion.

Faults in the region are capable of generating earthquakes of magnitude 6.7 or higher, and strong- to-very-strong ground shaking would be expected to occur at the project site during a major earthquake on one of the nearby faults. Major faults in the vicinity of the project site include the San Andreas, Hayward, Calaveras, and San Gregorio faults.

During a major earthquake on a segment of one of the nearby faults, strong to severe ground shaking is expected to occur at the project site.50 The ground shaking intensity felt at the project site would depend on the size of the earthquake (magnitude), distance from the site to the fault source, directivity (focusing of earthquake energy along the fault in the direction of the rupture), and site-specific soil conditions. The project site is not located within a State of California Earthquake Fault Zone or a Fault-Rupture Hazard Zone.51

Liquefaction, Landslide, and Lateral Spreading
Soil liquefaction can be defined as a complete loss of strength that causes otherwise solid soil to take on the characteristics of a liquid. The types of soil most susceptible to this hazard are loose, saturated, uniformly graded, fine-grain sands that comprise the soil layer within approximately 45 to 50 feet of the ground surface. Soils saturated with groundwater are more likely to experience liquefaction. Liquefaction mostly frequently occurs under vibratory conditions, such as those created by seismic events. The project area is not located in a designated landslide hazard zone, compressible soil hazard zone or a liquefaction hazard zone.52

Lateral spreading is horizontal/lateral ground movement of relatively flat-lying soil deposits towards a free face such as an excavation, channel, or open body of water; typically, lateral spreading is associated with liquefaction of one or more subsurface layers near the bottom of the exposed slope. There are no open faces in proximity to the project site where lateral spreading could occur.

49 United States Department of Agriculture Natural Resources Conservation Service. “Web Soil Survey.” Accessed September 14, 2023. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. 50 Association of Bay Area Governments. “Hazard Viewer.” Accessed September 14, 2023. https://abag.ca.gov/our- work/resilience/data-research/hazard-viewer.
51 Santa Clara County Planning & Development. Geologic Hazard Zones Mapping Application. 2021. 52 Santa Clara County. Santa Clara County Geologic Hazard Zones Map. October 2012.

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Groundwater
The estimated depth to groundwater below the site is approximately 40 to 55 feet below ground surface (bgs).53 Groundwater levels on-site may vary depending on seasonal precipitation, irrigation practices, and other climate conditions.

Paleontological Resources
Paleontological resources are the fossilized remains of organisms from prehistoric environments in geologic strata. As discussed in Section 4.5 Cultural Resources, the project site underlain by late Pleistocene alluvial fan deposits which are more than 11,700 years old. These older sediments, which are often found at depths of greater than 10 feet, are considered highly sensitive for paleontological resources.54

4.7.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury,
or death involving:

- Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault (refer to
Division of Mines and Geology Special
Publication 42)?

- Strong seismic ground shaking?
- Seismic-related ground failure,
including liquefaction?

- Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?

53 Cornerstone Earth Group, Inc. Phase I Environmental Site Assessment 1313 South Wolfe Road and 898 East Fremont Avenue. December 20, 2022. Page 9.
54 City of Sunnyvale. Land Use and Transportation Element Draft Environmental Impact Report. SCH No. 2012032003. August 2016. Page 3.7-12.

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
c) Be located on a geologic unit or soil that is
unstable, or that will become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?

d) Be located on expansive soil, as defined in the
current California Building Code, creating
substantial direct or indirect risks to life or
property?

e) Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?

f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geological feature?

a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; or landslides?

Fault Rupture
As discussed in Section 4.7.1.2 Existing Conditions, the project site is not located within an Alquist- Priolo Earthquake Fault Zone or a Fault-Rupture Hazard Zone and no known faults cross the site.

While existing faults that are currently considered active are located within 20 miles of the site (i.e., the Monte Vista-Shannon, San Andreas, and Hayward faults), the project site is located outside of their fault rupture zones. For these reasons, future development made possible by the project would not directly or indirectly cause potential substantial adverse effects from rupture of a known earthquake fault. (No Impact)

Seismic Ground Shaking
There are several major fault lines within 20 miles of the project site that have the potential to produce a major earthquake during the lifespan of this project. During a major earthquake, this site is expected to experience strong to severe ground shaking. The level of intensity of this ground shaking at the project site would depend on a variety of factors such as the magnitude, distance from the site to the fault source, and site-specific soil conditions. The ground shaking could Attachment 10

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potentially damage structures and threaten the safety of occupants in future development made possible by the project.

Prior to permit issuance, future development on-site would be required to adhere to the current CBC and any design recommendations included in a site-specific geotechnical report. Additionally, future development on-site would be required to utilize standard engineering techniques to ensure the project could withstand minor earthquakes without damage and major earthquakes without collapse. For these reasons, the project would not result in seismic hazards as future development would be constructed in accordance with current design and engineering standards. As such, the existing seismic hazards on-site would not be exacerbated by the project in a manner that it would impact (or worsen) off-site conditions. (Less than Significant Impact)

Liquefaction and Lateral Spreading
As discussed in Section 4.7.1.2 Existing Conditions, the project site is not located within a designated liquefaction hazard zone. Despite that, there could be some potential for liquefaction during future seismic events depending on the soil conditions, depth of water table, and strength of the seismic activity. Adherence to the current CBC and any design recommendations included in the future site-specific geotechnical report would reduce the risk of liquefaction at the project site.

There are no adjacent bodies of water, channels, or excavations in the vicinity of the site that would increase the potential for lateral spreading, therefore, the project would not exacerbate such conditions off-site. For these reasons, future development on-site would not cause potential substantial adverse effects related to liquefaction and lateral spreading. (Less than Significant Impact)

Landslides
As discussed in Section 4.7.1.2 Existing Conditions, the project site is not located in a designated landslide hazard zone. The project site is relatively flat and is not located in the vicinity of steep embankments that could increase the risk of landslides affecting the site. Future developments under the project would not include substantial earthwork that would create unstable slopes that would exacerbate any existing landslide risks. (No Impact)

b) Would the project result in substantial soil erosion or the loss of topsoil?

Future development made possible by the project would increase the potential for wind or water- related erosion and sedimentation during construction. By implementing standard grading and best management practices as required by the SMC in Section 12.60.230 and the recommendations of the site-specific geotechnical report that would be prepared for future development, erosion and sedimentation impacts would be less than significant. Compliance with the best management practices regarding erosion control listed in Provision C.6.c of the Municipal Regional Stormwater Permit (MRP) would reduce potential construction-related erosion impacts. Implementation of the required erosion control measures in the SMC Section 12.60.230, future site-specific geotechnical Attachment 10

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report, and Provision C.6.c of the MRP would ensure that erosion and loss of topsoil are reduced to less than significant. (Less than Significant Impact)

c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?

As discussed in Section 4.7.1.2 Existing Conditions and checklist question a) above, the project site is not located in a designated liquefaction hazard zone. However, there could be some potential for liquefaction during future seismic events depending on the soil conditions, depth of water table, and strength of the seismic activity. Adherence to the current CBC, the grading regulations identified in Section 12.60.230 of the SMC, and recommendations in the site-specific geotechnical report that would be prepared for future development under the project would reduce the risk of liquefaction at the on-site. In addition, the City’s General Plan includes a Hazards and Disaster Preparedness and Response chapter that outlines policies and goals relating to mitigating risks stemming from natural hazards. Policy SN-1.1 requires geotechnical reports to determine the geologic stability of the site and to identify design measures to minimize geologic hazards. Future development would adhere to the CBC and prepare a design-level geotechnical report and implement the recommendations in the report to minimize impacts related to liquefaction and soil instability (such as collapse) to a less than significant level.

Valley Water actively monitors for land subsidence through surveying, groundwater elevation monitoring, and data from wells. Valley Water reduces the potential for land subsidence throughout the Santa Clara Valley by recharging groundwater basins with local and imported surface water. Valley Water also manages “in-lieu” recharge programs, including treated water deliveries, water conservation, and water recycling that reduce groundwater demand. As discussed in Section 4.10 Hydrology and Water Quality, the project site is not located within a groundwater recharge area and lies entirely within the area of the confined zone.55 It is estimated that groundwater below the site is approximately 40 to 55 feet bgs, and depending on the depth of excavation required by future development, construction dewatering may be required. However, this would be temporary and would not result in the pumping of significant levels of groundwater that could cause in land subsidence.

As discussed in Section 4.7.1.2 Existing Conditions and Checklist question a) above, the project site is not subject to landslide, lateral spreading, or other forms of ground failure. (Less than Significant Impact)

55 Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins.

November 2021.

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d) Would the project be located on expansive soil, as defined in the current California Building Code, creating substantial direct or indirect risks to life or property?

As discussed in Section 4.7.1.2 Existing Conditions, the near-surface soil on-site is generally composed of gravelly sandy clay loam that has a medium degree of plasticity and a moderate potential for expansion. Expansive soils possess a “shrink-swell” characteristic. Shrink-swell is the cyclic change in volume (expansion and contraction) that occurs in fine-grained clay sediments from the process of wetting and drying. Structural damage may result over a long period of time, usually the result of inadequate soil and foundation engineering or the placement of structures directly on expansive soils. Although expansive soils can be a hazard, it is generally mitigated through adherence with the standard engineering and building practices and techniques specified in the CBC and adherence to recommendations in a site-specific geotechnical report.

In addition, the City’s General Plan Policy SN-1.1 requires geotechnical reports, in part, to determine the geologic stability of the site and to identify design measures to minimize geologic hazards. With adherence to the recommendations of the future site-specific geotechnical report and the current CBC, future development made possible by the project would not create substantial direct or indirect risks to life or property due to expansive soils. (Less than Significant Impact)

e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?

Future development under the project would connect to the City’s sewer system and would not require septic tanks or alternative wastewater disposal systems. (No Impact)

f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature?

The project site does not contain any known paleontological resources or unique geological features. As discussed in Section 4.7.1.2 Existing Conditions, the project site is underlain by late Pleistocene alluvial fan deposits which are more than 11,700 years old and considered highly sensitive for paleontological resources.

Construction activities associated with future development made possible by the project could result in the disturbance and/or accidental destruction of unknown paleontological resources, if present on-site. Future development would comply with Public Resources Code Section 5097.5 and General Plan Action LT-1.10f to avoid and/or reduce impacts to a paleontological resources (if encountered on-site) to a less than significant level by halting all ground-disturbing activities if resources are encountered, retaining a qualified paleontologist to evaluate the significance of the encountered resources, and implementing measures to protect and preserve the resources in accordance with existing regulations. (Less than Significant Impact) Attachment 10

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Greenhouse Gas Emissions

4.8.1 Environmental Setting
Background Information
Gases that trap heat in the atmosphere, GHGs, regulate the earth’s temperature. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate.

In GHG emission inventories, the weight of each gas is multiplied by its global warming potential (GWP) and is measured in units of CO2 equivalents (CO2e). The most common GHGs are carbon dioxide (CO2) and water vapor but there are also several others, most importantly methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These are released into the earth’s atmosphere through a variety of natural processes and human activities. Sources of GHGs are generally as follows:

• CO2 and N2O are byproducts of fossil fuel combustion
• N2O is associated with agricultural operations such as fertilization of crops • CH4 is commonly created by off-gassing from agricultural practices (e.g., keeping livestock) and landfill operations
• Chlorofluorocarbons (CFCs) were widely used as refrigerants, propellants, and cleaning solvents, but their production has been stopped by international treaty • HFCs are now used as a substitute for CFCs in refrigeration and cooling • PFCs and SF6 emissions are commonly created by industries such as aluminum production and semiconductor manufacturing

An expanding body of scientific research supports the theory that global climate change is currently causing changes in weather patterns, average sea level, ocean acidification, chemical reaction rates, and precipitation rates, and that it will increasingly do so in the future. The climate and several naturally occurring resources within California are adversely affected by the global warming trend.

Increased precipitation and sea level rise will increase coastal flooding, saltwater intrusion, and degradation of wetlands. Mass migration and/or loss of plant and animal species could also occur.

Potential effects of global climate change that could adversely affect human health include more extreme heat waves and heat-related stress; an increase in climate-sensitive diseases; more frequent and intense natural disasters such as flooding, hurricanes and drought; and increased levels of air pollution.

Regulatory Framework
Assembly Bill 32 and State Bill 32
Under the California Global Warming Solutions Act, also known as AB 32, CARB established a statewide GHG emissions cap for 2020, adopted mandatory reporting rules for significant sources of GHGs, and adopted a comprehensive plan, known as the Climate Change Scoping Plan, identifying Attachment 10

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how emission reductions would be achieved from significant GHG sources. The first Scoping Plan was approved by CARB in 2008 and must be updated at least every five years. Since 2008, there have been two updates to the Scoping Plan.

In 2016, SB 32 was signed into law, amending the California Global Warming Solution Act. SB 32, and accompanying Executive Order B-30-15, require CARB to ensure that statewide GHG emissions are reduced to 40 percent below the 1990 level by 2030. CARB updated its Climate Change Scoping Plan in December of 2017 to express the 2030 statewide target in terms of million metric tons of CO2e (MMTCO2e). Based on the emissions reductions directed by SB 32, the annual 2030 statewide target emissions level for California is 260 MMTCO2e.

2022 Scoping Plan
On December 15, 2022, CARB approved the 2022 Scoping Plan. The 2022 Scoping Plan provides a sector-by-sector guide on how to reduce man-made (i.e., anthropogenic) GHG emissions by 85 percent below 1990 levels and achieve carbon neutrality by 2045 over a 25-year horizon.56 The primary focus of the 2022 Scoping Plan is to reduce the usage of fossil fuels by electricizing the transportation sector, procuring electricity from renewable resources, phasing out natural gas in land use developments, and building transit-oriented communities that encourage multi-modal transportation. If implemented successfully, the 2022 Scoping Plan would not only reduce GHG emissions but also reduce smog-forming air pollution (NOx) by 71 percent and reduce fossil fuel demand by 94 percent. The 2022 Scoping Plan also details natural carbon capture and storage process along with mechanical carbon capture programs to address the remaining 15 of anthropogenic GHG emissions that will remain post-2045. To meet these goals, CARB also includes a revised goal of reducing state GHG emissions 48 percent below 1990 levels by 2030.

Senate Bill 375 and Plan Bay Area 2050
SB 375, known as the Sustainable Communities Strategy and Climate Protection Act, was signed into law in September 2008. SB 375 builds upon AB 32 by requiring CARB to develop regional GHG reduction targets for automobile and light truck sectors for 2020 and 2035. The per capita GHG emissions reduction targets for passenger vehicles in the Bay Area include a seven percent reduction by 2020 and a 15 percent reduction by 2035.

Consistent with the requirements of SB 375, the Metropolitan Transportation Commission (MTC) partnered with the Association of Bay Area Governments (ABAG), BAAQMD, and Bay Conservation and Development Commission to prepare the region’s Sustainable Communities Strategy (SCS) as part of the Regional Transportation Plan process. The SCS is referred to as Plan Bay Area 2050.

Plan Bay Area 2050 is a long-range plan for the nine-county San Francisco Bay Area that provides strategies that increase the availability of affordable housing, support a more equitable and efficient economy, improve the transportation network, and enhance the region’s environmental resilience. Plan Bay Area 2050 promotes the development of a variety of housing types and

56 CARB. 2022 Scoping Plan for Achieving Carbon Neutrality. December 2022. Page 5.

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densities within identified priority development areas (PDAs). PDAs are areas generally near existing job centers or frequent transit that are locally identified for housing and job growth.57

Play Bay Area 2050 includes a goal to increase the number of households that live within 0.5 mile of frequent transit by 2050. Plan Bay Area 2050 promotes strategies that support active and shared modes, combined with a transit-supportive land use patterns, which together are forecasted to lower the share of Bay Area residents that drive to work alone from 50 percent in 2015 to 33 percent in 2050, resulting in a decrease in GHG emissions. Plan Bay Area 2050 also includes goals to expand TDM initiatives that support and augment employers’ commute programs, providing a path to emissions reductions.

SB 100
SB 100, known as The 100 Precent Clean Energy Act of 2018, was adopted on September 10, 2018.

The overall goal is to have all retail electricity sold in California be procured from 100 percent renewable and zero-carbon resources by the year 2045. SB 100 also modified the renewables portfolio standard to 50 percent by 2025 and 60 percent by 2030.

Executive Order B-55-18 and Assembly Bill 1279
Executive Order B-55-18 was issued in September 2018. It ordered a new statewide goal of achieving carbon neutrality no later than 2045 and to maintain net negative emissions thereafter.

Assembly Bill 1279, also known as the California Climate Crisis Act, was approved on September 16, 2022 and codifies the statewide goal set by Executive Order B-55-18 of achieving net zero GHG emissions no later than the year 2045 and maintaining net negative emissions thereafter. In addition, this bill has a statewide goal of reducing anthropogenic GHG emissions by 85 percent below the 1990 levels by the year 2045. The bill requires CARB to work with relevant state agencies to ensure that updates to the scoping plan identify and recommend measures to achieve these policy goals and strategies that enable CO2 removal solutions and carbon capture, utilization, and storage technologies in California are implemented. The bill requires CARB to submit an annual report.

Advanced Clean Cars II Regulation
To continue reducing air pollutants and GHG emissions in the transportation sector, CARB adopted the Advanced Clean Cars II Regulations (Resolution 22-12) on August 25, 2022. The new regulation requires that by 2035 all new passenger cars, trucks, and SUVs sold in California will be zero emissions. This regulation bans the sale of new gasoline or diesel passenger cars, trucks, and SUVs in California from automakers. Beginning in the 2026, 35 percent of new vehicle sales must be zero- emission vehicles and plug-in hybrid electric vehicles and that percentage will increase per year. By 2030, 70 percent of new vehicle sales will be zero-emissions vehicles and by the 2035 model year

57 Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050.

October 21, 2021. Page 20.

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100 percent of new vehicle sales will be zero-emissions. CARB will limit the use of plug-in hybrid electric vehicles in the percentage requirements to keep the manufacturing of zero-emissions as the primary goal. Existing gasoline cars can continue to be driven and sold as used cars beyond 2035.

CARB is required to track and report on the zero-emissions vehicle market development annually.

California Building Standards Code – Title 24 Part 11 and Part 6 The CALGreen Code is part of the California Building Standards Code under Title 24, Part 11. The CALGreen Code encourages sustainable construction standards that incorporate planning/design, energy efficiency, water efficiency resource efficiency, and environmental quality. These green building standard codes are mandatory statewide and are applicable to residential and non- residential developments. The most recent CALGreen Code (2022 CALGreen Code) was effective as of January 1, 2023.

The California Building Energy Efficiency Standards (California Energy Code) is under Title 24, Part 6 and is overseen by the CEC. This code includes design requirements to conserve energy in new residential and non-residential developments. This Energy Code is enforced and verified by cities during the planning and building permit process. The 2022 Energy Code replaced the 2019 Energy Code as of January 1, 2023. There are new 2022 standards for single-family residences, multi-family residences, and non-residential uses.58,59,60 Major changes include electric-ready single-family and multi-family residence and solar photovoltaic systems and energy storage systems for residential and commercial developments.

Requirements for electric vehicle (EV) charging infrastructure are set forth in Title 24 of the California Code of Regulations and are regularly updated on a three-year cycle. The CALGreen standards consist of a set of mandatory standards required for new development, as well as two more voluntary standards known as Tier 1 and Tier 2. The 2022 CALGreen standards require deployment of additional EV chargers in various building types, including multi-family residential, hotel, and non-residential land uses. They include requirements for both EV capable parking spaces and the installation of EV supply equipment for multi-family residential and nonresidential buildings. The 2022 CALGreen standards also include requirements for both EV readiness and the actual installation of EV chargers. The 2022 CALGreen standards include both mandatory requirements and more aggressive voluntary Tier 1 and Tier 2 provisions:

• CALGreen Tier 1 standards require multi-family developments and hotels with less than 20 units to have 35 percent of the total number of parking spaces EV ready; if there are more

58 California Energy Commission. “2022 Building Energy Efficiency Standards What’s New for Single-Family Residential.” Revised July 15, 2022. Accessed September 13, 2023. https://www.energy.ca.gov/sites/default/files/2022-08/2022_Single-family_Whats_New_Summary_ADA.pdf. 59 California Energy Commission. “2022 Building Energy Efficiency Standards What’s New for Multifamily.” Revised August 4, 2022. Accessed September 13, 2023. https://www.energy.ca.gov/sites/default/files/2022- 08/2022_Multifamily_Whats_new_Summary_ADA.pdf.
60 California Energy Commission. “2022 Building Energy Efficiency Standards What’s New for Nonresidential.” Revised August 4, 2022. Accessed September 13, 2023. https://www.energy.ca.gov/sites/default/files/2022- 08/2022_Nonresidential_Whats_New_Summary_ADA.pdf.

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than 20 units, 10 percent of the parking spaces must be provided with EV supply equipment.

These standards also require 30 percent of total parking spaces to be EV capable and 33 percent of parking spaces to be EV capable with EV supply equipment for non-residential and non-hotel uses.
• CALGreen Tier 2 standards require multi-family developments and hotels with less than 20 units to have 40 percent of the total number of parking spaces EV ready; if there are more than 20 units, 15 percent of the parking spaces must be provided with EV supply equipment.

For non-residential and non-hotel uses, 45 percent of total parking spaces require EV capable spaces and 33 percent of parking spaces require EV capable spaces provided with EV supply equipment.

CALGreen also requires new construction and demolition projects to have a diversion of at least 65 percent of the construction waste generated. CALGreen also allows a disposal reduction option that can be met when the project’s disposal rate is 2.0 pounds per square foot or less for non-residential and high-rise residential construction or 3.4 pounds per square foot or less for low-rise residential construction.

Regional and Local
2017 Clean Air Plan
To protect the climate, the 2017 Clean Air Plan prepared by BAAQMD includes control measures designed to reduce emissions of methane and other super-GHGs that are potent climate pollutants in the near-term, and to decrease emissions of carbon dioxide by reducing fossil fuel combustion.

BAAQMD CEQA Thresholds for Evaluating Climate Impacts from Land Use Projects and Plans On April 20, 2022, the BAAQMD Board of Directors adopted the Justification Report: CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans. The report includes BAAQMD’s thresholds of significance for use in determining whether a proposed project or plan will have a significant impact on climate change and provides the substantial evidence to support these thresholds. The April 2022 GHG thresholds, as incorporated in the newly adopted 2022 BAAQMD CEQA Guidelines, replace the GHG thresholds set forth in the May 2017 BAAQMD CEQA Air Quality Guidelines and represent what is required of new land use development projects and plans to achieve California’s long-term climate goal of carbon neutrality by 2045.

City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to greenhouse gas reduction and are applicable to the proposed project.

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City of Sunnyvale Climate Action Playbook
The City of Sunnyvale Climate Action Playbook (August 2019) sets a vision for the City to reduce carbon emissions by 2050. The playbook includes six strategies with “plays” that identify areas for action to reduce GHG emissions. The following plays are applicable to the proposed project.

The Playbook is not a qualified GHG reduction strategy pursuant to the BAAQMD CEQA Guidelines and CEQA Guidelines Section 15183.5(b). The City is in the process of developing the next five-year work plan for implementing the Playbook.

Sunnyvale Reach Code
The CEC approved the City’s Reach Code Ordinance, which went into effect on January 26, 2021.

The City’s Reach Code is a local energy code for buildings design and construction that goes beyond the minimum state requirements. The purpose of the Reach Code is to help reduce GHG emissions by promoting electric versus natural gas energy use and encouraging electric vehicle charging infrastructure. The Reach Code Ordinance applies to new residential and nonresidential construction, and includes the following requirements:

Policy Description
Land Use and Transportation Element
LT-2.1 Enhance the public’s health and welfare by promoting the city’s environmental and economic health through sustainable practices for the design, construction, maintenance, operation, and deconstruction of buildings, including measures in the Climate Action Plan.

LT-2.2 Reduce greenhouse gas emissions that affect climate and the environment through land use and transportation planning and development.

Play Description
Strategy 1: Promoting Clean Electricity

1.1 Promote 100 percent clean electricity

1.2 Increase local solar photovoltaics
Strategy 2: Decarbonizing Buildings

2.3 Achieve all-electric new construction
Strategy 3: Decarbonizing Transportation & Sustainable Land Use

3.2 Increase Transportation Options and Support Shared Mobility Strategy 4: Managing Resources Sustainable

4.1 Achieve Zero Waste goals for solid waste

4.2 Ensure resilience of water supply

4.3 Enhance natural carbon sequestration capacity
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• Gas appliances including cooking range, water heater, space heater, fireplace, etc. are not permitted (with the exception of certain non-residential uses such factories, hazardous materials manufacturing, and laboratory facilities, as well as emergency operation centers, and commercial dryers in large hotels)
• Solar panels are required for all new buildings
• Electric vehicle charging stations (or conduit and preliminary wiring for them) are required for all new building parking lots

The Reach Code was re-adopted as part of the 2022 Building Codes update on November 1, 2022.

Sunnyvale Construction and Demolition Waste Diversion
The City requires remodel or demolition projects where 50 percent or more of the exterior wall will be removed to recycle or reuse at least 65 percent of the project’s nonhazardous waste.61 Recycling of nonhazardous waste reduces the energy use to produce new materials from raw, non-renewable resources.

Existing Conditions
Unlike emissions of criteria and toxic air pollutants, which have regional and local impacts, emissions of GHGs have a broader, global impact. Global warming is a process whereby GHGs accumulating in the upper atmosphere contribute to an increase in the temperature of the earth and changes in weather patterns.

The existing uses on-site generate GHG emissions as a result of energy consumption, vehicle trips to and from the site, solid waste generation, and water usage.

4.8.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Generate greenhouse gas (GHG) emissions,
either directly or indirectly, that may have a
significant impact on the environment?

b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of GHGs?

61 City of Sunnyvale. “Construction Waste.” January 1, 2022. Accessed September 22, 2023. https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/construction-waste.

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a) Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?

Construction Emissions
Future development that could occur with project approval would result in GHG emissions associated with construction activities, including operation of construction equipment and emissions from construction workers’ personal vehicles traveling to and from the construction site.

Construction-related GHG emissions vary depending on the level of activity, length of construction period, types of equipment, etc. Neither the City nor BAAQMD has established a quantitative threshold or standard for determining whether the project’s construction related GHG emissions are significant, however, BAAQMD’s 2022 CEQA Guidelines includes BMPs for reducing GHG emissions from construction-related activities. Applicable BMPs that may be used by future development include, but are not limited to, use of off-road construction equipment that meets U.S. EPA Tier 4 emission standards, off-road heavy-duty trucks to be zero emissions or meet the most stringent emissions standard, minimizing idling time of equipment, and limit of hours of operation for off-road diesel-powered equipment. Because future construction would be temporary and implement construction BMPs as appropriate, construction related emissions of future development under the project would be less than significant. (Less than Significant Impact)

Operational Emissions
Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the determinations. Pursuant with BAAQMD, for land use projects to result in a less than significant GHG emissions impact, the land use project would need to comply with threshold A or B below.

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

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

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

B. Be consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b).

It is assumed that implementation of the project would result in the development of a mixed-use building with up to 62 multi-family residential units and 7,579 square feet of ground floor commercial space. The operation of this mixed-use development would generate GHG emissions primarily from energy consumption, vehicular travel, and solid waste disposal.

Future development on-site would comply with the City’s Reach Code and be 100 percent electric and not include any natural gas infrastructure or appliances, would not result in the wasteful, inefficient, or unnecessary use of energy as described in Section 4.6 Energy, achieve reduction in project-generated VMT below the regional average as further discussed in Section 4.17 Transportation, and would include off-street electric vehicle requirements in compliance with CALGreen Tier 2 standards. In addition, it is assumed that future development on-site would comply with applicable Climate Action Playbook’s strategies and relevant General Plan policies (including those identified in Section 4.8.1.2 Regulatory Framework. For these reasons, implementation of the proposed project would have a less than significant operational GHG emission impact. (Less than Significant Impact)

b) Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs?

2022 Scoping Plan Update
The proposed project is a GPA and rezoning of a site in a transit priority area to allow for mixed-use residential development. Future development under the project would use energy efficient appliances and equipment, as required by Title 24 and CALGreen, and would comply with the City’s Green Building Program, and Reach Code Ordinance. Additionally, future development would receive its energy from Silicon Valley Clean Energy, who provides electricity generated from carbon free sources. For these reasons, the project would be consistent with the 2022 Scoping Plan (Less than Significant Impact)

2017 Clean Air Plan
The BAAQMD 2017 CAP focuses on two goals: protecting public health and protecting the climate.

The 2017 CAP includes air quality standards and control measures designed to reduce emissions of methane, carbon dioxide, and other super-GHGs. As discussed in Section 4.3 Air Quality, the project would not disrupt, delay, or otherwise hinder the implementation of any of the control measures included in the 2017 CAP. In addition, as discussed under checklist question a) above, the project would result in less than significant construction and operational GHG emissions, consistent with Attachment 10

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the 2017 CAP goal of protecting the climate. For these reasons, the project would not conflict with or obstruct implementation of the 2017 CAP. (Less than Significant Impact)

General Plan Policies
Implementation of the proposed project would be made possible by the project would be consistent with General Plan Policies LT-2.1 and LT-2.2 by redeveloping an infill site with increased density and local-serving retail and complying with Title 24 and CALGreen, the City’s Green Building Program, Reach Code Ordinance, and Construction and Demolition Waste Diversion program. (Less than Significant Impact)

Climate Action Playbook
Future development made possible by the project would be consistent with the Climate Action Playbook strategies applicable to the project by sourcing electricity from SVCE (Play 1.1); installing solar panels on the rooftop of any new structures (Play 1.2); constructing a 100 percent electric development (Play 2.3); contributing to multi-modal improvements such as bike lanes and improved pedestrian crossings (Play 3.2); and planting replacement trees on-site (Play 4.3). For these reasons, the proposed project and future development made possible by the project would not conflict with City’s Climate Action Playbook. (Less than Significant Impact)

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Hazards and Hazardous Materials
The following discussion is based, in part, on a Phase I Environmental Site Assessment (ESA) prepared by Cornerstone Earth Group, Inc. dated December 20, 2022. This report is attached as Appendix A to this Initial Study.

4.9.1 Environmental Setting
Regulatory Framework
The storage, use, generation, transport, and disposal of hazardous materials and waste are highly regulated under federal and state laws. In California, the EPA has granted most enforcement authority over federal hazardous materials regulations to the California Environmental Protection Agency (CalEPA). In turn, local agencies have been granted responsibility for implementation and enforcement of many hazardous materials regulations under the Certified Unified Program Agency (CUPA) program.

Worker health and safety and public safety are key issues when dealing with hazardous materials.

Proper handling and disposal of hazardous material is vital if it is disturbed during project construction. Cal/OSHA enforces state worker health and safety regulations related to construction activities. Regulations include exposure limits, requirements for protective clothing, and training requirements to prevent exposure to hazardous materials. Cal/OSHA also enforces occupational health and safety regulations specific to lead and asbestos investigations and abatement.

Federal and State
Federal Aviation Regulations Part 77
Federal Aviation Regulations, Part 77 Objects Affecting Navigable Airspace (FAR Part 77) sets forth standards and review requirements for protecting the airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the Federal Aviation Administration (FAA) be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways, or which would otherwise stand at least 200 feet in height above the ground.

Comprehensive Environmental Response, Compensation, and Liability Act

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning Attachment 10

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up abandoned or uncontrolled hazardous waste sites. CERCLA accomplished the following objectives:

• Established prohibitions and requirements concerning closed and abandoned hazardous waste sites;
• Provided for liability of persons responsible for releases of hazardous waste at these sites; and
• Established a trust fund to provide for cleanup when no responsible party could be identified.

The law authorizes two kinds of response actions:

• Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response; and
• Long-term remedial response actions that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life-threatening. These actions can be completed only at sites listed on the EPA’s National Priorities List.

CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List.

CERCLA was amended by the Superfund Amendments and Reauthorization Act on October 17, 1986.62

Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste. RCRA gives the EPA the authority to control hazardous waste from the "cradle to the grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also sets forth a framework for the management of non-hazardous solid wastes.

The Federal Hazardous and Solid Waste Amendments (HSWA) are the 1984 amendments to RCRA that focused on waste minimization, phasing out land disposal of hazardous waste, and corrective action for releases. Some of the other mandates of this law include increased enforcement authority for the EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.63

62 United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed May 11, 2020. https://www.epa.gov/superfund/superfund-cercla-overview. 63 United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed May 11, 2020. https://www.epa.gov/laws-regulations/summary-resource-conservation-and-recovery- act.

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Government Code Section 65962.5
Section 65962.5 of the Government Code requires CalEPA to develop and update a list of hazardous waste and substances sites, known as the Cortese List. The Cortese List is used by state and local agencies and developers to comply with CEQA requirements. The Cortese List includes hazardous substance release sites identified by the Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB).64

Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) of 1976 provides the EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides. The TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon, and lead-based paint.

California Accidental Release Prevention Program
The California Accidental Release Prevention (CalARP) Program aims to prevent accidental releases of regulated hazardous materials that represent a potential hazard beyond the boundaries of a property. Facilities that are required to participate in the CalARP Program use or store specified quantities of toxic and flammable substances (hazardous materials) that can have off-site consequences if accidentally released. The Sunnyvale Department of Public Safety reviews CalARP risk management plans as the CUPA.

Asbestos-Containing Materials
Friable asbestos is any asbestos-containing material (ACM) that, when dry, can easily be crumbled or pulverized to a powder by hand, allowing the asbestos particles to become airborne. Common examples of products that have been found to contain friable asbestos include acoustical ceilings, plaster, wallboard, and thermal insulation for water heaters and pipes. Common examples of non- friable ACMs are asphalt roofing shingles, vinyl floor tiles, and transite siding made with cement.

The EPA began phasing out use of friable asbestos products in 1973 and issued a ban in 1978 on manufacture, import, processing, and distribution of some asbestos-containing products and new uses of asbestos products.65 The EPA is currently considering a proposed ban on on-going use of asbestos.66 National Emission Standards for Hazardous Air Pollutants (NESHAP) guidelines require that potentially friable ACMs be removed prior to building demolition or remodeling that may disturb the ACMs.

64 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed October 11, 2023. https://calepa.ca.gov/sitecleanup/corteselist/.
65 United States Environmental Protection Agency. “EPA Actions to Protect the Public from Exposure to Asbestos.” Accessed April 19, 2022. https://www.epa.gov/asbestos/epa-actions-protect-public-exposure-asbestos 66Ibid.

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CCR Title 8, Section 1532.1
The United States Consumer Product Safety Commission banned the use of lead-based paint in 1978. Removal of older structures with lead-based paint is subject to requirements outlined by the Cal/OSHA Lead in Construction Standard, CCR Title 8, Section 1532.1 during demolition activities.

Requirements include employee training, employee air monitoring, and dust control. If lead-based paint is peeling, flaking, or blistered, it is required to be removed prior to demolition.

Regional and Local
Municipal Regional Permit Provision C.12.f
Polychlorinated biphenyls (PCBs) were produced in the United States between 1955 and 1978 and used in hundreds of industrial and commercial applications, including building and structure materials such as plasticizers, paints, sealants, caulk, and wood floor finishes. In 1979, the EPA banned the production and use of PCBs due to their potential harmful health effects and persistence in the environment. PCBs can still be released to the environment today during demolition of buildings that contain legacy caulks, sealants, or other PCB-containing materials.

With the adoption of the San Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit (MRP) by the San Francisco Bay Regional Water Quality Control Board on November 19, 2015, Provision C.12.f requires that permittees develop an assessment methodology for applicable structures planned for demolition to ensure PCBs do not enter municipal storm drain systems.67 Municipalities throughout the Bay Area are currently modifying demolition permit processes and implementing PCB screening protocols to comply with Provision C.12.f. Buildings constructed between 1950 and 1980 that are proposed for demolition must be screened for the presence of PCBs prior to the issuance of a demolition permit.

Single-family homes and wood-frame structures are exempt from these requirements.

Comprehensive Land Use Plan for Moffett Federal Airfield The project site is approximately 3.7 miles southeast of the Moffett Federal Airfield (Airfield); which is the closest airport to the site. The Moffett Federal Airfield Comprehensive Land Use Plan (CLUP), adopted by the Santa Clara County Airport Land Use Commission, is intended to safeguard the general welfare of the inhabitants within the vicinity of the airport, as well as aircraft occupants.68 The CLUP is also intended to ensure that surrounding new land uses do not affect airfield operations. The CLUP identifies the Airfield’s Airport Influence Area (AIA). The AIA is a composite of areas surrounding the Airfield that are affected by noise, height, and safety considerations. Within the AIA, the CLUP establishes a (1) noise restriction area, (2) height restriction area, and (3) safety restriction area.

67 California Regional Water Quality Control Board. San Francisco Bay Region Municipal Regional Stormwater NPDES Permit. November 2015.
68 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.

November 2, 2016.

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Santa Clara County Operational Area Hazard Mitigation Plan The City’s Hazard Mitigation Plan, an annex to Santa Clara County’s Operational Area Hazard Mitigation Plan (2017), performs a full risk assessment on the nine hazards that present the greatest concern in Santa Clara County. The nine hazards focused on for this mitigation plan are climate change/sea-level rise, dam and levee failure, drought, earthquakes, floods, landslides, severe weather, tsunamis, and wildfires.

The City’s annex, Chapter 16 of the document, provides a detailed overview of the City’s response capabilities, the organizational structure of local authorities, risk rating scores that determine which hazards present the greatest risk to Sunnyvale, and a priority schedule for mitigation measures planned by local and regional agencies.

City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to hazards and hazardous materials and are applicable to the proposed project.

Certified Unified Program Agency
Approved by CalEPA, the Sunnyvale Department of Public Safety serves as the CUPA within its jurisdiction and is responsible for the unified hazardous waste and hazardous materials management regulatory program established by Health and Safety Code, Division 20, Chapter 6.11, Section 25404, et seq. This program consolidates the administration and enforcement of six hazardous materials management programs and ensures the coordination and consistency of any regulations adopted pursuant to such program requirements. The six locally implemented programs are:

1. Hazardous Waste Generator and Onsite Hazardous Waste Treatment (tiered permitting) Program;

2. Aboveground Petroleum Storage Act;

3. Underground Storage Tank Program;
Policy Description
Safety and Noise Element
SN-1.1 Evaluate and consider existing and potential hazards in developing land use policies.

Make land use decisions based on an awareness of the hazardous and potential hazards for the specific parcel of land.

SN-1.5 Promote a living and working environment safe from exposure to hazardous materials.

SN-1.6 Operate a response system that will provide effective control and investigation of hazardous materials emergencies
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4. Hazardous Materials Release Response Plans and Inventories (Business Plans);

5. California Accidental Release Prevention (CalARP) Program; and

6. California Fire Code: Hazardous Material Management Plans and Inventory Statements.

Sunnyvale Municipal Code
Chapter 20.10 of the SMC outlines the City’s CUPA administration policies. This includes details on permits, fees, and enforcement policies regarding the regulation of hazardous materials in the City.

Chapter 16.52 of the SMC includes additional regulations within the City’s Fire Code which regulate the safe storage and proper containment of hazardous materials in the City.

Existing Conditions
The project site is located in an urban area of Sunnyvale, and it is currently developed with an operational gas station and restaurant building which were constructed in 1962 and 1978, respectively. Both buildings have surface parking lots and landscaping primarily along the perimeter of the buildings and site. The central portion of the site is currently undeveloped.

Site History
As discussed in Section 4.5 Cultural Resources, from the late 1800s through the 1950s, the project site and surrounding properties were used for agricultural purposes such as orchards and row crops before being developed with residential and commercial structures. Due to the historic agricultural use of the project site and the surrounding parcels, it is possible that the soils on-site contain residual agricultural chemicals.

Conditions On-Site
Hazardous Materials Storage and Use
The northern portion of the project site is developed with a gas station which stores various automotive related hazardous materials (e.g., lubricants, antifreeze, lead-acid batteries, etc.) aboveground. Gasoline is currently stored on-site in two double-walled 12,000-gallon underground storage tanks (USTs) that were installed in 1987. A hydraulic vehicle hoist and a sediment trap are also present within the vehicle service bay of the gasoline station building.

The restaurant on the southern portion of the site stores carbon dioxide for beverage dispensing equipment and used cooking oil in aboveground storage tanks (ASTs). In addition, common janitorial products and detergents used for cleaning and dishwashing are stored in maintenance closets. No evidence of improper storage or significant spills was observed during site reconnaissance.

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Leaking Underground Storage Tanks
Two, 10,000-gallon fuel USTs and a 280-gallon waste oil UST were removed from the northern portion of the site in 1987, and a 520-gallon waste oil UST was removed in 1997. An initial leaking underground storage tank (LUST) case was closed by the Water Board in 1991; however, subsequent studies identified petroleum hydrocarbon impacts to soil, soil vapor, and groundwater and a second LUST case was opened on-site. Remedial measures conducted on-site to treat the contamination included the operation of soil vapor and groundwater extraction and the installation of treatment systems. This second LUST case was closed by the Santa Clara County Department of Environmental Health (SCCDEH) in 2015, and the SCCDEH established Site Management Requirements for future development on-site.

Asbestos Containing Building Materials
The age of the existing gas station on-site indicates that the building materials may contain asbestos. Because the restaurant was constructed in the same year that the ban on ACMs was enacted, it is unlikely that it contains ACMs.

Lead-Based Paint
Based on the age of the existing buildings, lead-containing paint may be present within the structures. Additionally, soil adjacent to structures that are painted with lead-containing paint can become impacted with lead as a result of the weathering and/or peeling of painted surfaces.

Cortese List
The project site is located on the Cortese List due to the previously discussed closed LUST cases at 898 East Fremont Avenue.69

Off-Site Sources of Contamination
There is one closed LUST case in proximity to the project site at 895 East Fremont Avenue, which is directly across from the northern boundary of the site. Remediation was completed for this case in 1996, and Valley Water determined that the case could be closed as there was no ongoing risk of contamination.70 Based on the information in the agency database report, there are no other off- site spill incidents that are likely to significantly impact soil, soil vapor or groundwater beneath the project site.

69 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed October 11, 2023. https://calepa.ca.gov/sitecleanup/corteselist/.
70 California State Water Resources Control Board. “Southland Corporation Property (T0608501933).” Accessed October 10, 2023. https://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T0608501933.

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Other Hazards
Airports
The project site is approximately 3.7 miles southeast of the Moffett Federal Airfield and is located outside of the Airfield’s AIA, 65 dBA noise contour area, and airport safety zones.71 As previously mentioned, FAR Part 77 requires that the FAA be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways, or which would otherwise stand at least 200 feet in height above ground. The project site is within the Airfield’s FAR Part 77 Notification Surface Area and falls within the 532 foot surface area.72 Based on the project site’s elevation of 135 feet above mean sea level, any structure exceeding 397 feet in height above grade would require submittal to the FAA for airspace safety review.

Wildfire
The project site is in an urban area surrounded by existing development that is not near any wildlands that could present a fire hazard. The site is not located within an identified Very High Fire Hazard Severity Zone in a State Responsibility Area (SRA) or a Local Responsibility (LRA).73,74

4.9.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?

b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?

c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?

71 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.

November 2, 2012. Figure 5, Figure 7, and Figure 8.
72 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.

November 2, 2012. Figure 6.
73 CAL FIRE. Santa Clara County Fire Hazard Safety Zone Map – State Responsibility Area. November 2007. 74 CAL FIRE. Santa Clara County Fire Hazard Safety Zone Map – Local Responsibility Area. October 2008.

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, will it create a significant hazard to the
public or the environment?

e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, result in a safety hazard or
excessive noise for people residing or working in
the project area?

f) Impair implementation of, or physically interfere
with, an adopted emergency response plan or
emergency evacuation plan?

g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?

a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?

The project does not propose any land uses that would result in hazardous materials being routinely transported, used, or disposed of in quantities that would pose a significant health hazard to the public. The operation of a future mixed-use residential development would include the on-site use and storage of cleaning supplies, maintenance chemicals, and landscaping-related chemicals in small quantities. The small quantities of domestic chemicals used on-site would not pose a risk to adjacent land uses as they would be properly stored and disposed of. (Less than Significant Impact)

b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?

Historical Uses On-Site
The Phase I ESA identified historical use of the site for agriculture, which indicates that soils on-site may contain levels of pesticides exceeding applicable screening thresholds.

In addition, the northern portion of the project site has been developed with a gas station since the 1960s, and the current gas station stores various automotive related hazardous materials in the convenience store and has two USTs for gasoline storage. There have been two LUST cases reported Attachment 10

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on-site related to the USTs utilized by the gas station. The cases were closed in 1991 and 2015, respectively. However, when the LUST case was closed in 2015, the letter from SCCDEH stated that, “residual contamination both in soil and groundwater remains at the site that could pose an unacceptable risk under certain site development activities such as, but not limited to, site grading, excavation, or the installation of water wells. Therefore, the impact of the disturbance of any residual contamination or the installation of water well(s) in the vicinity of the residual contamination shall be assessed and appropriate action taken so that there is no significant impact to human health, safety, or the environment. This could necessitate additional sampling, health risk assessment, and mitigation measures. SCCDEH and the appropriate planning and building department shall be notified prior to any changes in land use, grading activities, excavation, and installation of water wells.”75

The proposed project is a GPA and rezoning only and does not include a development which could result in direct impacts from the release of hazardous materials, however, would allow for redevelopment of the site with a mixed-use residential development. Redevelopment of the site would include grading and excavation activities that could pose an unacceptable risk. Future development would be required to comply with RCRA, HSWA, CalARP, and City regulations (including General Plan policies SN-1.1 and SN-1.5) to further investigate and remediate any elevated contamination on-site. Based on the investigation of the project site to date, future development under the project would implement the following measures, or equivalent, to comply with existing regulations:

• Any land use change, grading activities, excavation, and installation of water wells on-site shall be notified by the property owner or project applicant to the Sunnyvale Community Development Department and Department of Public Safety (DPS), in accordance with the 2015 case closure letter from the Santa Clara County Department of Environmental Health (SCCDEH).

• A Site Management Plan (SMP) and Health Safety Plan (HSP) for redevelopment activities on-site shall be prepared by the project applicant. The SMP shall include (1) protocols for proper closure of the existing gasoline station (including its underground storage tanks) and restaurant under the supervision of DPS, (2) methodologies for collecting and testing soil/soil vapor/groundwater sampling for contaminants associated with the former agricultural use (e.g., pesticides), the potential presence of lead based paint in soil surrounding the structures, and current gasoline operations (e.g., total petroleum hydrocarbons and volatile organic compounds), (3) management practices for handling, remediation, and disposal of impacted soil/groundwater or other materials that may potentially be encountered during construction activities, and (4) protocols for accepting imported fill materials.

75 County of Santa Clara Department of Environmental Health. “Fuel Leak Site Case Closure Unocal (ConocoPhillips 4848), 898 East Fremont Avenue, Sunnyvale, CA; Case No. 21-082, SCVWDID No. 07S1W06F04f.” February 10, 2015. Accessed September 20, 2023.
https://documents.geotracker.waterboards.ca.gov/regulators/deliverable_documents/8754392862/07S1W06F04f .pdf.

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The soil/soil vapor/groundwater sampling completed as part of the SMP shall be compared against the applicable screening levels published by the RWQCB, DTSC and/or EPA. If there are no contaminants identified that exceed applicable screening levels published by the RWQCB, DTSC and/or EPA, the SMP does not need to be submitted to an oversight agency, and shall only be submitted to the City prior to the beginning of construction earthwork activities and issuance of a permit for grading and excavation. If contaminants are identified at concentrations exceeding applicable screening levels, the SMP shall be submitted for review and approval by an appropriate regulatory oversight agency (e.g., SCCDEH). Further investigation may be required by the oversight agency to determine the extent of contamination (i.e., location and concentration level) and the appropriate measures required to remediate the contamination for the proposed land use(s) shall be confirmed and implemented. Remediation measures could include operation of soil vapor and groundwater extraction and treatment systems. A copy of the approved SMP shall be submitted to the City prior to the issuance of a permit for grading and excavation.

Compliance with RCRA, HSWA, CalARP, and City regulations would ensure future development made possible by the proposed project would reduce impacts from potential soil contamination related to the agricultural use, and soil/soil vapor/groundwater contamination related to the gasoline station use to a less than significant level by requiring sampling for contaminants, proper handling of hazardous materials contamination, and remediation of contamination under regulatory agency oversight if necessary. (Less than Significant Impact)

Asbestos-Containing Materials and Lead-Based Paint
Based on the age of the structures on-site, ACMs and LBP may be present within the building materials. Future development under the project would comply with existing regulations, including NESHAP guidelines and Cal/OSHA guidelines that require pre-demolition surveys for ACMs and LBP and proper removal and disposal of ACMs and material containing LBP, to reduce impacts from ACMs and LBP to a less than significant level. (Less than Significant Impact)

c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?

The closest school to the project site is Peterson Middle School, which is located approximately

0.26-mile east of the project site at 1380 Rosalia Avenue. While there are no existing or proposed schools within one-quarter mile of the project site, compliance with existing hazardous materials regulations would limit the risk of hazardous materials exposure to the closest school. For this reason, the proposed project would not result in significant hazardous materials impacts to existing or proposed schools within one-quarter mile of the project site. (No Impact)

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d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?

As discussed in Section 4.9.1.2 Existing Conditions, the project site (specifically the gas station associated with 898 East Fremont Avenue) is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 for the closed LUST cases on-site.

As discussed under checklist question b) above, although the two LUST cases associated with the site have been closed, there could still be elevated concentrations of pollutants present in the soil and groundwater on-site.

As discussed under checklist question b) above, future development made possible by the proposed project would be required to comply with RCRA, HSWA, CalARP, and City regulations to reduce impacts from potential soil/soil vapor/groundwater contamination related to LUSTs to a less than significant level by requiring sampling for contaminants, proper handling of hazardous materials contamination, and remediation of contamination under regulatory agency oversight if necessary. (Less than Significant Impact)

e) If located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?

This analysis assumes that implementation of the project would result in future construction of a 70-foot tall, mixed-use residential building on-site. While the project site is located within the FAA’s FAR Part 77 Notification Surface Area, the maximum size of the structure allowed on-site as a result of this project would not exceed 397 feet in height above grade, nor would the equipment required for construction. Therefore, the project and the future development allowed by the project would not require submittal to the FAA for airspace safety review. Based on this discussion, the proposed project and future development under the proposed General Plan land use designation would not result in a safety hazard related to airport activities or expose people residing or working in the project area to excessive noise. (No Impact)

f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

The City of Sunnyvale has a Hazard Mitigation Plan, which is an annex to Santa Clara County’s Operational Area Hazard Mitigation Plan (2017) that provides a regional framework for coordinated and comprehensive emergency response in the County. The project would allow for the development of up to 62 new multi-family residential units and 7,579 square feet of ground floor commercial space on-site, which could incrementally increase the demand on emergency responders during an emergency response situation. However, Sunnyvale’s Department of Public Safety would review site development plans to ensure fire protection design features are Attachment 10

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incorporated and adequate emergency access is provided. Based on this, future development allowed under the project would not impair or physically interfere with the implementation of the Hazard Mitigation Plan. (Less than Significant Impact)

g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?

The project site is not located within a Very High Fire Hazard Severity Zone as delineated on CalFire State Responsibility Area and Local Responsibility Area maps. The project site is in a developed, urban area and is not located near wildland areas that would be susceptible to wildland fires. For these reasons, implementation of the proposed project would not expose people or structures to wildland fires. (No Impact)

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Hydrology and Water Quality

4.10.1 Environmental Setting
Regulatory Framework
Federal and State
The federal Clean Water Act and California’s Porter-Cologne Water Quality Control Act are the primary laws related to water quality in California. Regulations set forth by the Environmental Protection Agency (EPA) and the State Water Resources Control Board (SWRCB) have been developed to fulfill the requirements of this legislation. EPA regulations include the National Pollutant Discharge Elimination System (NPDES) permit program, which controls sources that discharge pollutants into the waters of the United States (e.g., streams, lakes, bays, etc.). These regulations are implemented at the regional level by the Regional Water Quality Control Boards (RWQCBs). The project site is within the jurisdiction of the San Francisco Bay RWQCB.

Under Section 303(d) of the federal Clean Water Act, the SWRCB and RWQCBs are required to identify impaired surface water bodies that do not meet water quality standards and develop total maximum daily loads (TMDLs) for contaminants of concern. The list of the state’s identified impaired surface water bodies, known as the “303(d) list” can be found on the on the SWRCB’s website.76

National Flood Insurance Program
The Federal Emergency Management Agency (FEMA) established the National Flood Insurance Program (NFIP) to reduce impacts of flooding on private and public properties. The program provides subsidized flood insurance to communities that comply with FEMA regulations protecting development in floodplains. As part of the program, FEMA publishes Flood Insurance Rate Maps (FIRMs) that identify Special Flood Hazard Areas (SFHAs). An SFHA is an area that would be inundated by the one-percent annual chance flood, which is also referred to as the base flood or 100-year flood.

Statewide Construction General Permit
The SWRCB has implemented an NPDES General Construction Permit for the State of California (Construction General Permit). For projects disturbing one acre or more of soil, a Notice of Intent (NOI) must be filed with the RWQCB by the project sponsor, and a Storm Water Pollution Prevention Plan (SWPPP) must be prepared by a qualified professional prior to commencement of construction and filed with the RWQCB by the project sponsor. The Construction General Permit

76 California State Water Resources Control Board. “2020-2022 California Integrated Report (Clean Water Act Section 303(d) List and 305(b) Report).” May 11, 2022. Accessed September 2, 2022. https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020_2022_integrated_rep ort.html.

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includes requirements for training, inspections, record keeping, and, for projects of certain risk levels, monitoring. The general purpose of the requirements is to minimize the discharge of pollutants and to protect beneficial uses and receiving waters from the adverse effects of construction-related storm water discharges.

Regional and Local
San Francisco Bay Basin Plan
The San Francisco Bay RWQCB regulates water quality in accordance with the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan lists the beneficial uses that the San Francisco Bay RWQCB has identified for local aquifers, streams, marshes, rivers, and the San Francisco Bay, as well as the water quality objectives and criteria that must be met to protect these uses. The San Francisco Bay RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements, including permits for nonpoint sources such as the urban runoff discharged by a City’s stormwater drainage system. The Basin Plan also describes watershed management programs and water quality attainment strategies.

Municipal Regional Permit Provision C.3
The San Francisco Bay RWQCB re-issued the Municipal Regional Stormwater NPDES Permit (MRP) in May 2022 to regulate stormwater discharges from municipalities and local agencies (co-permittees) in Alameda, Contra Costa, San Mateo, and Santa Clara Counties, and the cities of Fairfield, Suisun City, and Vallejo.77 Under Provision C.3 of the MRP, new and redevelopment projects that create or replace 5,000 square feet or more of impervious surface area are required to implement site design, source control, and Low Impact Development (LID)-based stormwater treatment controls to treat post-construction stormwater runoff. LID-based treatment controls are intended to maintain or restore the site’s natural hydrologic functions, maximizing opportunities for infiltration and evapotranspiration, and using stormwater as a resource (e.g., rainwater harvesting for non-potable uses). The MRP also requires that stormwater treatment measures are properly installed, operated, and maintained.

In addition to water quality controls, the MRP requires new development and redevelopment projects that create or replace one acre or more of impervious surface to manage development- related increases in peak runoff flow, volume, and duration, where such hydromodification is likely to cause increased erosion, silt pollutant generation, or other impacts to local rivers, streams, and creeks. Projects may be deemed exempt from these requirements if: (1) the post-project impervious surface area is less than, or the same as, the pre-project impervious surface area; (2) the project is located in a catchment that drains to a hardened (e.g., continuously lined with concrete) engineered channel or channels or enclosed pipes, which extend continuously to the Bay, Delta, or flowcontrolled reservoir, or, in a catchment that drains to channels that are tidally influenced; or (3)

77 California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022.

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the project is located in a catchment or subwatershed that is highly developed (i.e., that is 70 percent or more impervious).78

Municipal Regional Permit Provision C.12.f
Provision C.12.f of the MRP requires co-permittee agencies to implement a control program for PCBs that reduces PCB loads by a specified amount during the term of the permit, thereby making substantial progress toward achieving the urban runoff PCBs wasteload allocation in the Basin Plan by March 2030.79 Programs must include focused implementation of PCB control measures, such as source control, treatment control, and pollution prevention strategies. Municipalities throughout the Bay Area are updating their demolition permit processes to incorporate the management of PCBs in demolition building materials to ensure PCBs are not discharged to storm drains during demolition. Buildings constructed between 1950 and 1980 that are proposed for demolition must be screened for the presence of PCBs prior to the issuance of a demolition permit. Single-family residential and wood frame structures are exempt.

Water Resources Protection Ordinance and District Well Ordinance Valley Water operates as the flood control agency for Santa Clara County. Valley Water also provides stream stewardship and is the wholesale water supplier throughout the county, which includes the groundwater recharge program. Well construction and deconstruction permits, including borings 45 feet or deeper, are required under Valley Water’s Well Ordinance 90-1. Under Valley Water’s Water Resources Protection Ordinance, projects within Valley Water property or easements are required to obtain encroachment permits.

2021 Groundwater Management Plan

The 2021 Groundwater Management Plan (GWMP) describes the Valley Water’s comprehensive groundwater management framework, including existing and potential actions to achieve basin sustainability goals and ensure continued sustainable groundwater management. The GWMP covers the Santa Clara and Llagas subbasins, which are located entirely in Santa Clara County. Valley Water manages a diverse water supply portfolio, with sources including groundwater, local surface water, imported water, and recycled water. About half of the county’s water supply comes from local sources and the other half comes from imported sources. Imported water includes the District’s State Water Project and Central Valley contract supplies and supplies delivered by the San Francisco Public Utilities Commission (SFPUC) to cities in northern Santa Clara County. Local sources include natural groundwater recharge and surface water supplies. A small portion of the county’s water supply is recycled water.

78 The Hydromodification Applicability Maps developed the permittees under Order No. R2-2009-0074 were prepared using this standard, adjusted to 65 percent imperviousness to account for the presence of vegetation on the photographic references used to determine imperviousness. Thus, the maps for Order No. R2-2009-0074 are accepted as meeting the 70 percent requirement.
79 California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022.

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Local groundwater resources make up the foundation of the county’s water supply, but they need to be augmented by the District’s comprehensive water supply management activities to reliably meet the county’s needs. These include the managed recharge of imported and local surface water and in‐lieu groundwater recharge through the provision of treated surface water and raw water, acquisition of supplemental water supplies, and water conservation and recycling.80

City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to hydrology and water quality and are applicable to the proposed project.

80 Valley Water. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins .November 2021.

Policy Description
Environmental Management Element
EM-8.3 Ensure that stormwater control measures and best management practices are implemented to reduce the discharge of pollutants in stormwater to the maximum extent practicable.

EM-8.5 Prevent accelerated soil erosion. Continue implementation of a construction site inspection and control program to prevent discharges of sediment from erosion and discharges of other pollutants from new and redevelopment projects.

EM-8.6 Minimize the impacts from stormwater and urban runoff on the biological integrity of natural drainage systems and water bodies.

EM-10.1 Consider the impacts of surface runoff as part of land use and development decisions and implement BMPs to minimize the total volume and rate of runoff of waste quality and quantity (hydro modification) of surface runoff as part of land use and development decisions.

EM-10.2 Consider the ability of a land parcel to detain excess stormwater runoff in flood prone areas and require incorporation of appropriate controls. Require the incorporation of appropriate stormwater treatment and control measures for new and redevelopment regulated projects and/or any sites that may reasonably be considered to cause or contribute to the pollution of stormwater and urban runoff as defined in the current version of the stormwater Municipal Regional Permit.

EM-10.3 Require the incorporation of appropriate stormwater treatment and control measures for industrial and commercial facilities as identified in the stormwater Municipal Regional Permit.

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Sunnyvale Municipal Code
Chapter 12.60 (Stormwater Management) in Title 12 of the SMC include the currently adopted water quality, wastewater, and stormwater management regulations. This includes regulations for compliance with NPDES permits, best management practices, project design, and water quality.

Chapter 16.62 of the SMC provides regulations to prevent flood damage in Sunnyvale. This chapter establishes provisions for reducing flood hazards, including standards for construction, utilities, subdivisions, manufactured homes, floodways, and coastal high hazard areas.

Existing Conditions
Water Quality
The project site is developed with two existing buildings, surface parking lots, and small amounts of landscaping. Stormwater runoff from the project site enters the City’s main storm drain system and eventually flows to the San Francisco Bay.

Groundwater
The City of Sunnyvale is located within the Santa Clara Valley Groundwater Basin.81 Hydrologically, the groundwater basin is separated into recharge and confined zones. Geological conditions in the recharge areas allow precipitation, stream flow, and water diverted into percolation areas to recharge the deeper aquifers. The confined zones include areas of the valley where low permeability clays and silts overlie the major groundwater aquifers which impedes the vertical flow of groundwater into the deeper aquifers. The City of Sunnyvale, including the project site, lies entirely within the area of the confined zone.82

81 United States Geological Survey. “Groundwater Quality in the San Francisco Bay Groundwater Basins, California.” March 2013. Accessed September 14, 2023. https://pubs.usgs.gov/fs/2012/3111/pdf/fs20123111.pdf. 82 Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins.

November 2021.

Policy Description
Safety and Noise Element
SN-1.1 Evaluate and consider existing and potential hazards in developing land use policies.

Make land use decisions based on an awareness of the hazards and potential hazards for the specific parcel of land.

SN-1.2 Take measures to protect life and property from the effects of a 1% (100‐year) flood.

SN-1.3 Operate and maintain the storm drainage system at a level to minimize damages and ensure public safety.

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As discussed in Section 4.7 Geology and Soils, groundwater is estimated to be located at a depth between 40 feet to 55 feet bgs on-site.83 Water levels on-site may vary depending on seasonal precipitation, irrigation practices, and other climate conditions.

Stormwater Drainage
The storm drainage system that serves the project site is owned and maintained by the City of Sunnyvale. Currently, the project site consists of approximately 39,066 square feet (or 51 percent) of impervious area. The remaining 37,600 square feet (or 49 percent) of the site consists of pervious area, which is comprised of landscaping, the undeveloped parcel, and other permeable surfaces.

The nearest drainage inlets to the project site are located on East Fremont Avenue and South Wolfe Road, and the storm drain lines adjacent to the project site range from 30 to 33 inches in diameter.84

Flooding
The project site is not located within a 100-year special flood hazard area. According to the FEMA, the project site is in Zone X with 0.2 percent annual chance of flood.85

Other Inundation Hazards
A seiche is a standing wave oscillating in a body of water that can produce flooding along the shoreline under certain natural conditions.86 There are no bodies of water such as lakes, harbors, or reservoirs near the project site that would affect the site in the event of a seiche. The project site is not close enough to San Francisco Bay to be affected in the event of a tsunami.87

4.10.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?

83 Cornerstone Earth Group, Inc. Phase I Environmental Site Assessment 1313 South Wolfe Road and 898 East Fremont Avenue. December 20, 2022. Page 9.
84 City of Sunnyvale. “Utility Maps.” Accessed September 14, 2023. https://www.sunnyvale.ca.gov/city- services/online-services/maps-and-gis/utility-maps.
85 Federal Emergency Management Agency. “FEMA Flood Map Service Center.” Accessed September 14, 2023. https://msc.fema.gov/portal/search.
86 National Ocean Service. “What is a Seiche?” Accessed September 14, 2023. https://oceanservice.noaa.gov/facts/seiche.html
87 Association of Bay Area Governments. “Tsunami & Additional Hazards.” Accessed September 14, 2023. https://abag.ca.gov/our-work/resilience/data-research/tsunami-additional-hazards Attachment 10

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?

c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in a
manner which would:

- result in substantial erosion or siltation
on- or off-site;

- substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site;

- create or contribute runoff water which
would exceed the capacity of existing
or planned stormwater drainage
systems or provide substantial
additional sources of polluted runoff;
or

- impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?

e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?

a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?

Construction
Implementation of the project would result in redevelopment of the project site with a residential mixed-use development. Future construction activities, such as grading and excavation, have the potential to result in temporary impacts to surface water quality. When disturbance to the soil occurs, sediments may be dislodged and discharged into the storm drainage system by surface runoff flows from the site. Future development that would disturb over one acre of soil would be required to conform to the requirements of the Construction General Permit. An NOI would need to be submitted to the RWQCB and a SWPPP would be developed and implemented to control erosion and sedimentation associated with construction activities. This Initial Study assumes that future Attachment 10

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development of the project site would disturb more than one acre of the project site and compliance with the General Construction Permit would ensure that all BMPs related to stormwater pollution prevention for construction projects are implemented. In addition, implementation of these BMPs by future development would be consistent with General Plan Policies EM-8.3, EM-8.5, EM-8.6, and EM-10.1. For these reasons, future construction under the project would not result in significant water quality impacts. (Less than Significant Impact)

Post-Construction
It is assumed future development of the project site under the project could result in the addition of more than 5,000 square feet of impervious surface areas, which would require compliance with Provision C.3 of the MRP and SMC Section 12.60. The MRP requires projects that would add or replace more than 5,000 square feet of impervious surface area to implement post-construction stormwater treatment controls, using LID-based stormwater treatment controls to reduce the pollutant loads of runoff from the project to the maximum extent feasible. The inclusion of post- construction stormwater treatment controls on-site would be consistent with the requirements of General Plan Policies EM-10.1, EM-10.2, and EM-10.3. Based on this discussion, future development of the project site, in compliance with existing regulations and best management practices (including the MRP, General Plan, and SMC), would not result in significant water quality impacts. (Less than Significant Impact)

b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?

Groundwater recharge occurs when surface water percolates through the soil to recharge groundwater aquifers. As discussed in Section 4.10.1.2 Existing Conditions, the project site is not located within a recharge zone for the Santa Clara Subbasin.88 The project would facilitate the redevelopment of the site with a mixed-use residential development. Future development of the site would rely on existing sources of water and the City’s existing water delivery system.

Groundwater levels at the site are estimated to be 40 feet to 55 feet bgs on-site. Future development of the site would not likely require dewatering of subsurface groundwater during construction. If construction dewatering occurs, it would be temporary in nature and would not substantially affect regional groundwater supplies. Future residential uses on the project site would contribute to the cumulative increase in demand for water in the City; however, the project itself would not result in the overdraft of any groundwater basins. Therefore, the project and future development on the site would not interfere with groundwater recharge activities or substantially deplete groundwater levels. (Less than Significant Impact)

88 Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins.

November 2021.

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c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows?

There are no streams or rivers on-site, therefore, the proposed project and subsequent development allowed under the project would not affect the existing drainage pattern of any streams or rivers. Future development of the site under the project could alter the existing drainage patterns of the site as a result of increased impervious surface area. However, future development of the site would be required to comply with the Construction General Permit and MRP, which requires the implementation of standard stormwater control measures to reduce the pollutant loads of stormwater runoff.

The project would also be subject to SMC Chapter 12.60 (Stormwater Management), which presents regulations for compliance with NPDES permits, best management practices, project design, and water quality to reduce the potential for runoff generated by future development to result in significant erosion, siltation, and/or flooding impacts. In addition, future development on- site would be reviewed by the City to confirm whether the surrounding storm drainage infrastructure has capacity to handle any potential increases in stormwater runoff from the site and implement localized improvements (if required). Based on this discussion, the proposed project and future development allowed by the project would not substantially alter the existing drainage pattern of the site or create or contribute runoff which would exceed existing stormwater drainage capacity or result in flooding on- or off-site. (Less than Significant Impact)

d) Would the project risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones?

As discussed in Section 4.10.1.2 Existing Conditions, the project site is not located within a 100-year flood hazard area. According to the FEMA, the project site is in Zone X with 0.2 percent annual chance of flooding. The San Francisco Bay presents an inundation risk to sections of the coastline during a tsunami. The project site is not located near enough to San Francisco Bay to be affected in the event of a tsunami and there are no bodies of waters near the project site that would affect the site in the event of a seiche. In addition, the residential and commercial uses allowed by the project would not use or store substantial quantities of hazardous materials on-site. Based on the above discussion, implementation of the proposed project and any future development allowed under the project would not risk release of pollutants due to inundation in flood hazard, tsunami or seiche zones. (Less than Significant Impact)

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e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?

The San Francisco Basin Plan provides a framework for state and local governments to meet water quality objectives and criteria to protect the beneficial uses of local aquifers, streams, marshes, and San Francisco Bay. Consistent with the San Francisco Basin Plan, future development allowed on- site under the proposed project would comply with the MRP requirement to install LID treatment controls to treat stormwater runoff.

Valley Water prepared their GWMP for the Santa Clara and Llagas subbasins in 2021, describing its comprehensive groundwater management framework including objectives and strategies, programs and activities to support those objectives, and outcome measures to gauge performance. The GWMP is the guiding document for how Valley Water will ensure groundwater basins within its jurisdiction are managed sustainably. The Santa Clara subbasin has not been identified as a groundwater basin in a state of overdraft. Implementation of the proposed project and future development on-site would not interfere with any actions set forth by Valley Water in its GWMP regarding groundwater recharge, transport of groundwater, and/or groundwater quality because future development would not interfere with groundwater recharge and would implement measures during construction and operation of the project to reduce stormwater runoff. Therefore, the proposed project would not preclude the implementation of the GWMP.

For these reasons, the project would not conflict with water quality control plans or sustainable groundwater management plans. (Less than Significant Impact)

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Land Use and Planning

4.11.1 Environmental Setting
Regulatory Framework
Regional and Local
Comprehensive Land Use Plan for Moffett Federal Airfield Moffett Federal Airfield is located northwest of the project site. The Moffett Federal Airfield CLUP is intended to safeguard the general welfare of the inhabitants within the vicinity of the airport, as well as aircraft occupants.89 The CLUP is also intended to ensure that surrounding new land uses do not affect the airport’s continued operation.

City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to land use and planning and are applicable to the proposed project.

Sunnyvale Municipal Code
The Zoning Code, Title 19, defines the various zoning districts and allowable land uses within the City and provides development standards (i.e., building height limits, building density, sign regulations, etc.) to enhance the visual appeal of new development.

Existing Conditions
As discussed in Section 2.6 General Plan Designation and Zoning District, the existing General Plan land use designation of the project site is Commercial which supports retail, retail service, restaurants, entertainment, and small office uses. Commercial services in this designation could include bakeries, repair shops, retailers, liquor stores, and small office spaces.

89 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.

November 2, 2012. Page 1-1.

Policy Description
Land Use and Transportation Element
LT-1.2 Minimize regional sprawl by endorsing strategically placed development density in Sunnyvale and by utilizing a regional approach to providing and preserving open space for the broader community.

LT-1.3 Contribute to a healthy jobs-to-housing ratio in the region by considering jobs, housing, transportation, and quality of life as inseparable when making planning decisions that affect any of these components.

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The project site is zoned Neighborhood Business (C-1) which is reserved for the construction, use and occupancy of commercial buildings that provide retail commercial shopping and service facilities to adjacent residential neighborhoods.

The project site is currently developed with commercial uses (i.e., a gas station and restaurant) and is surrounded by primarily residential land uses, a hotel directly to the west of the site, and a commercial office space north of the site.

4.11.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?

a) Would the project physically divide an established community?

Examples of projects that have the potential to physically divide an established community include new freeways and highways, major arterial streets, and railroad lines. The project proposes a GPA and rezoning to allow for residential mixed-use land uses on the site. There are existing residential neighborhoods to the west, south, and east of the project site. Future construction of a mixed-use residential building on-site would not divide an established community, as this development would not obstruct access to existing, surrounding land uses. In addition, the future development under the project would dedicate frontage along East Fremont Avenue and South Wolfe Road to facilitate the development of circulation improvements identified by the City to improve access in and out of the area. Therefore, the project would not physically divide the existing community. (Less than Significant Impact)

b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

Future development under the project would be subject to design review by the City to ensure that the project meets the development standards in SMC Chapter 19.28. The project is consistent with General Plan Policies LT-1.2 and LT-1.3 because it would facilitate infill development that would minimize regional sprawl and provide both housing units and jobs within the City. By meeting the requirements of the proposed zoning, including setbacks, building heights, and useable open space, land use conflicts with surrounding uses would be minimized. For these reasons, the proposed Attachment 10

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project, and any future development of the site, would not conflict with land use plans, policies, or regulations adopted to avoid or mitigate an environmental effect. (Less than Significant Impact)

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Mineral Resources

4.12.1 Environmental Setting
Regulatory Framework
State
Surface Mining and Reclamation Act
The Surface Mining and Reclamation Act (SMARA) was enacted by the California legislature in 1975 to address the need for a continuing supply of mineral resources, and to prevent or minimize the negative impacts of surface mining to public health, property, and the environment. As mandated under SMARA, the State Geologist has designated mineral land classifications in order to help identify and protect mineral resources in areas within the state subject to urban expansion or other irreversible land uses which would preclude mineral extraction. SMARA also allowed the State Mining and Geology Board (SMGB), after receiving classification information from the State Geologist, to designate lands containing mineral deposits of regional or statewide significance.

Existing Conditions
The project site is in an urban area and is currently developed with commercial buildings. According to the US Geologic Service (USGS), there are no critical mineral resources in Sunnyvale, including this project site.90

4.12.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Result in the loss of availability of a known
mineral resource that will be of value to the
region and the residents of the state?

b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?

90 USGS. “Mineral Resources Online Spatial Data.” Accessed September 20, 2023. https://mrdata.usgs.gov/general/map-us.html.

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a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and residents of the state?

There are no known mineral resources on-site, nor are there any in the immediate vicinity of the project area. The proposed project and future development made possible by the project, therefore, would not result in impacts to mineral resources. (No Impact)

b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?

The proposed project site is not identified in the General Plan as containing any locally important mineral resources and no known mineral resources have previously been discovered on-site. The proposed project and future development made possible by the project, therefore, would not result in impacts to locally important mineral resource recovery sites. (No Impact)

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Noise

4.13.1 Environmental Setting
Background information
Noise
Factors that influence sound as it is perceived by the human ear, include the actual level of sound, period of exposure, frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a decibel scale, which serves as an index of loudness. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the A-weighted decibel, or dBA.

Since excessive noise levels can adversely affect human activities and human health, federal, state, and local governmental agencies have set forth criteria or planning goals to minimize or avoid these effects. Noise guidelines are generally expressed using one of several noise averaging methods, including Leq, Ldn, or CNEL.91 These descriptors are used to measure a location’s overall noise exposure, given that there are times when noise levels are higher (e.g., when a jet is taking off from an airport or when a leaf blower is operating) and times when noise levels are lower (e.g., during lulls in traffic flows on freeways or in the middle of the night). Lmax is the maximum A-weighted noise level during a measurement period.

Vibration
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero.

Vibration amplitude can be quantified using Peak Particle Velocity (PPV), which is defined as the maximum instantaneous positive or negative peak of the vibration wave. PPV has been routinely used to measure and assess ground-borne construction vibration. Studies have shown that the threshold of perception for average persons is in the range of 0.008 to 0.012 inches/second (in/sec) PPV.

91 Leq is a measurement of average energy level intensity of noise over a given period of time. Day-Night Level (Ldn) is a 24-hour average of noise levels, with a 10 dB penalty applied to noise occurring between 10:00 PM and 7:00 AM. Community Noise Equivalent Level (CNEL) includes an additional five dB applied to noise occurring between 7:00 PM and 10:00 PM. Where traffic noise predominates, the CNEL and Ldn are typically within two dBA of the peak-hour Leq.

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Regulatory Framework
Federal
Federal Transit Administration Vibration Limits
The Federal Transit Administration (FTA) has developed vibration impact assessment criteria for evaluating vibration impacts associated with transit projects. The FTA has proposed vibration impact criteria based on maximum overall levels for a single event. The impact criteria for groundborne vibration are shown in Table 4.13-1 below. These criteria can be applied to development projects in jurisdictions that lack vibration impact standards.

Table 4.13-1: Groundborne Vibration Impact Criteria
Land Use Category
Groundborne Vibration Impact Levels
(VdB inch/sec)
Frequent
Event
Occasional
Events
Infrequent
Events
Category 1: Buildings where vibration would interfere with interior operations 65 65 65
Category 2: Residences and buildings where people normally sleep 72 75 80
Category 3: Institutional land uses with primarily daytime use 75 78 83 Source: Federal Transit Administration. Transit Noise and Vibration Assessment Manual. September 2018.

State and Local
California Building Standards Code
The CBC establishes uniform minimum noise insulation performance standards to protect persons within new buildings housing people, including hotels, motels, dormitories, apartments, and dwellings other than single-family residences. Title 24 mandates that interior noise levels attributable to exterior sources do not exceed 45 Ldn/CNEL in any habitable room. Exterior windows must have a minimum Sound Transmission Class (STC) of 40 or Outdoor-Indoor Transmission Class (OITC) of 30 when the property falls within the 65 dBA Ldn noise contour for a freeway or expressway, railroad, or industrial source.

For commercial uses, CALGreen (Section 5.507.4.1 and 5.507.4.2) requires that wall and roof-ceiling assemblies exposed to the adjacent roadways have a composite STC rating of at least 50 or a composite OITC rating of no less than 40, with exterior windows of a minimum STC of 40 or OITC of 30 when the commercial property falls within the 65 dBA Ldn or greater noise contour for a freeway or expressway, railroad, or industrial or stationary noise source. The state requires interior noise levels to be maintained at 50 dBA Leq(1-hr) or less during hours of operation at a proposed commercial use.

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City of Sunnyvale February 2024
Regional and Local
Comprehensive Land Use Plan for Moffett Federal Airfield The project site is located 3.7 miles southeast of the Moffett Federal Airfield, which is the closest airport to the site. As described in Section 4.9 Hazards and Hazardous Materials, the Moffett Federal Airfield CLUP is intended to safeguard the general welfare of the inhabitants within the vicinity of the airport, as well as aircraft occupants.92 The CLUP is also intended to ensure that surrounding new land uses do not affect airport operations. The CLUP establishes 65 dBA CNEL as the maximum allowable exterior noise level considered compatible with residential uses and 45 dBA CNEL as the maximum allowable interior for residences.

City of Sunnyvale General Plan
The City’s General Plan includes policies for the purpose of avoiding or mitigating environmental impacts resulting from planned development projects within the City. The following policies are specific to noise and vibration and are applicable to the proposed project.

92 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield – Comprehensive Land Use Plan.

Amended November 2016.

Policy Description
Safety and Noise Element
SN8.1 Enforce and supplement state laws regarding interior noise levels of residential units.

SN-8.4 Require development projects to assess potential construction noise impacts on nearby noise-sensitive land uses and to minimize impacts on those uses, to the extent feasible, as determined by the Director of Community Development.

SN-9.1 Regulate land use operational noise including but not limited to hours of operation limits, consistent with operational noise standards in the Sunnyvale municipal code.

SN-9.2 When new equipment is installed on a property, including new stationary noise sources (e.g., heating, ventilation, and air conditioning systems, generators, heating boilers) that could affect existing sensitive land uses, construction of enclosures or other screening materials should be installed around the stationary noise source such that equipment is in compliance with the city’s operational noise code.

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Sunnyvale Municipal Code
SMC Section 19.42.030 includes operational noise standards enforced on residential and non- residential zoned property lines, listed below.

(a) Residential Noise Limits:
(1) Operational noise shall not exceed 50 dBA during nighttime or 60 dBA during daytime hours at any point on the property line of the adjacent single family or duplex uses. (2) Operational noise shall not exceed 55 dBA during nighttime or 65 dBA during daytime hours on the primary useable open space of multi-family uses. (3) Operational noise shall not exceed 60 dBA during nighttime or 70 dBA during daytime hours on the primary useable open space of residential uses located along major transportation corridors (freeways, expressways, arterials, and rail lines) or mixed- use residential properties.

(b) Non-Residential Noise Limits:
(1) Operational noise shall not exceed 60 dBA during nighttime or 70 dBA during daytime hours at any point on the property line of the adjacent nonresidential use. (2) Operational noise generated at industrial, manufacturing, or similar uses shall not exceed 75 dBA during daytime hours at the adjacent property line.

(c) Special Exceptions from Noise Limits:
(1) Powered Equipment: Powered equipment used on a temporary basis during daytime hours is exempt from the operational noise limits. When used on a continuous basis or during nighttime hours, they should comply with operational noise limits. When used adjacent to residential uses, operation of powered equipment is not allowed during nighttime hours.
(2) Construction: Construction activity regulated by Title 16 of this code shall not be governed by this section.
(3) Deliveries: Noise from deliveries shall not be considered operational noise. It is unlawful for any person to make or allow to be made a nighttime delivery to a commercial or industrial establishment when the loading/unloading area of the establishment is adjacent to a residential use. Businesses legally operating at a specific location as of February 1, 1995, are exempt from this requirement. (4) Leaf Blower: A “leaf blower” is a small, combustion engine-powered or electric device used for property or landscape maintenance that can be hand-held or carried by the operator and which operates by propelling air under pressure through a cylindrical tube. It is unlawful for any person to operate a leaf blower on private property in or adjacent to a residential use except between the hours of 8:00 a.m. and 8:00 p.m.

Effective January 1, 2000, all leaf blowers operated in or adjacent to a residential area shall operate at or below a noise level of sixty-five dBA at a distance of fifty feet, as determined by a test conducted by the American National Standards Institute or an Attachment 10

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equivalent. The dBA rating shall be prominently displayed on the leaf blower. (Ord. 2623-99 § 1; prior zoning code § 19.24.020(b)—(d)).
(5) Warning Sounds: Warning sounds necessary for the protection of public health, safety, and welfare including but not limited to: civil defense and fire sirens; commercial and residential burglar or fire alarms; and emergency response warning noises are exempt from the operational noise limits.
(6) Emergency Utility and Street Repairs: Noise from emergency utility and street repairs are exempt from this chapter.
(7) Street Sweeping and Refuse Collection Services: Noise from street sweeping and refuse collection services (garbage, recycling, and organic materials) are exempt from this chapter.

Chapter 16.08 of the SMC limits construction activity to between 7:00 AM and 6:00 PM daily Monday through Friday. Construction operations on Saturday are limited to between 8:00 AM and 5:00 PM. No construction activities are allowed on Sunday or federal holidays when the city offices are closed. Exceptions to these hours may granted by the Chief Building Official when it is determined emergency construction activity is required or construction activity will not be a nuisance to surrounding properties.

While the SMC does not define the acoustical time descriptor such as Leq or Lmax that is associated with the above limits, a reasonable interpretation of the SMC would identify the ambient base noise level criteria as Leq.

Existing Conditions
The noise environment at the proposed project site is currently dominated by the vehicular traffic from East Fremont Avenue, South Wolfe Road, and the nearby El Camino Real. Flights to Moffett Federal Airfield also occasionally pass overhead.

4.13.2 Impact Discussion

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?

b) Generation of excessive groundborne vibration
or groundborne noise levels?

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Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project result in:
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use
airport, would the project expose people
residing or working in the project area to
excessive noise levels?

CEQA does not define what noise level increase would be considered substantial. The following criteria based on City practice, standards identified by the FTA, and standards in the CBC, CALGreen, General Plan, and SMC were used to evaluate the significance of environmental noise resulting from the project:

• A significant noise impact would be identified if the project would generate a substantial temporary or permanent noise level increase over ambient noise levels at existing noise- sensitive receptors surrounding the project site and that would exceed applicable noise standards at existing noise-sensitive receptors surrounding the project site. o Due to the temporary nature of construction activities, construction noise levels are treated differently than operational noise levels. Hourly average noise levels during construction that would exceed 60 dBA Leq at residential land uses, and the ambient by at least five dBA Leq for a period of more than one year require noise attenuating mitigation measures to reduce the impact to a less than significant level. o A significant permanent noise level increase would occur if project-generated traffic generated by the project or project improvements/operations would substantially increase noise levels at sensitive receivers in the vicinity. A substantial increase would occur if: a) the noise level increase is five dBA Ldn or greater, with a future noise level of less than the “normally acceptable” standard, or b) the noise level increase is three dBA Ldn or greater, with a future noise level equal to or greater than the “normally acceptable” standard.
o A significant noise impact would be identified if the project would expose persons to or generate noise levels that would exceed applicable noise standards presented in the General Plan or Municipal Code.
o A significant impact would be identified if the construction of the project would generate excessive vibration levels surrounding receptors. Consistent with the 2017 Land Use and Transportation Element (LUTE) EIR (SCH# 2012032003), groundborne vibration levels exceeding 0.25 in/sec PPV would have the potential to result in cosmetic damage to older buildings.

A significant noise impact would be identified if the project would expose people residing or working in the project area to excessive aircraft noise levels.

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A significant cumulative traffic noise impact would occur if two criteria are met: (1) noise levels at existing sensitive receivers would be substantially increased (i.e., three dBA Ldn above existing noise levels where noise levels would exceed 60 dBA Ldn); and (2) if the project would make a “cumulatively considerable” contribution to the overall noise level increase. A “cumulatively considerable” contribution is defined as an increase of one dBA Ldn or more attributable solely to the project.

a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

Construction Noise
Noise impacts resulting from construction depend upon the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between construction noise sources and noise-sensitive areas. Construction noise impacts primarily result when construction activities occur during noise-sensitive times of the day (e.g., early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise-sensitive land uses, or when construction lasts over extended periods of time.

Chapter 16.08 of the SMC allows for construction between the hours of 7:00 AM and 6:00 PM on weekdays and between 8:00 AM and 5:00 PM on Saturdays. Construction activity is not permitted on Sundays or federal holidays when the City offices are closed. This chapter also states that no loud environmentally disruptive noises, such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments, radios, etc., would be allowed where such noises may be a nuisance to adjacent residential neighborhoods. Chapter 19.42.030 provides quantitative limits on noise levels; however, those limits do not apply to construction noise that is regulated by Chapter 16.08 of the SMC. The City does not establish quantitative thresholds for the impact of temporary increases in noise due to construction. It is the City’s practice for in-fill projects that hourly average noise levels during construction that would exceed 60 dBA Leq at residential land uses, and the ambient by at least five dBA Leq for a period of more than one year, would require the implementation of noise attenuating mitigation measures to reduce impacts to a less than significant level.93

The project would amend the General Plan land use designation and zoning of the site to allow for future residential mixed-use development. Construction noise from future development of the project site would temporarily increase ambient noise levels at nearby sensitive receptors. Sensitive receptors in proximity to the project site include the residential uses to the west, south and east of the project site. Future development would be required to implement LUTE EIR Mitigation Measure MM 3.6.3 to reduce construction noise levels.

93 City of Sunnyvale. 2017 Land Use and Transportation Element Draft Environmental Impact Report. August 2016.

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LUTE EIR Mitigation Measure MM 3.6.3:
• The project shall employ site-specific noise attenuation measures during construction to reduce the generation of construction noise and vibration. These measures shall be included in a Noise Control Plan that shall be submitted for review and approval by the City prior to issuance of demolition permit. Measures specified in the Noise Control Plan and implemented during construction shall include, at a minimum, the following noise control strategies:

− Equipment and trucks used for construction shall use the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds). − Impact tools (e.g., jackhammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools.
− Stationary noise sources shall be located as far from adjacent receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or include other measures.
− Unnecessary idling of internal combustion engines should be strictly prohibited. − Construction staging areas shall be established at locations that create the greatest distance between the construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as far as feasible from residential receptors.
− Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. − Where feasible, temporary power service from local utility companies should be used instead of portable generators.
− Locate cranes as far from adjoining noise-sensitive receptors as possible. − During final grading, substitute graders for bulldozers, where feasible. Wheeled heavy equipment are quieter than track equipment and should be used where feasible.

Future development under the project would conform with the SMC limits on allowable construction hours and implement LUTE EIR Mitigation Measure MM 3.6.3 to reduce construction- related noise that requires preparing and implementing a noise control plan to reduce construction noise by limiting unnecessary idling of equipment, requiring noise control measures on equipment and vehicles, and organizing construction staging areas to be as far away from surrounding residences as possible. (Less than Significant Impact with Mitigation Incorporated)

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Operational Noise
Future development of the site under the project with multi-family residential units and ground- floor commercial space would not substantially increase permanent ambient noise levels in the project area because these uses would be similar to the immediately surrounding uses. Project- generated traffic would be the main contributor to existing noise levels. It is estimated that 62 multi-family residential units and 7,579 square feet of ground floor commercial space would generate approximately 694 daily trips.94 This increase in vehicle trips would not be expected to generate a perceptible increase in traffic noise because it would not double the roadway volumes on Fremont Avenue and Wolfe Road95 and, therefore, would not be expected to generate a perceptible increase in traffic noise.

As discussed in Section 4.13.1.2 Regulatory Framework, Chapter 19.42 of the SMC includes operational noise standards for mechanical equipment adjacent to residential properties to prevent excessive operational noise levels for surrounding residents. Chapter 19.42 of the SMC outlines noise limits as measured on-site during day time and night time hours, at the property line with adjacent residential uses, and for steady audible tones. The proposed project itself is a GPA and rezoning and does not include a specific development that could result in any direct operational noise impacts. Future development made possible by this project would comply with all regulations in Chapter 19.42 of the SMC regarding operational noise, therefore, the project and future development under the project would not result in a significant increase in ambient noise. (Less than Significant Impact)

b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?

Construction activities associated with future development could include grading, foundation work, paving, and new building framing and finishing. These construction activities may generate vibration when heavy equipment or impact tools (e.g., jackhammers, hoe rams) are used in proximity to existing buildings on surrounding properties, and this vibration could affect adjacent uses.

Future development of the project site would require subsequent environmental review, and as discussed under checklist question a) above, future development would comply with the measures outlined in LUTE EIR Mitigation Measure MM 3.6.3. To comply with this mitigation measure, future development would prepare a Noise Control Plan to outline measures to be implemented during construction to reduce the generation of construction noise and vibration. The Noise Control Plan would be submitted for review and approval by the City which would ensure that potential

94 Project trips were estimated using the Institute of Transportation Engineers (ITE) trip generation rates of 4.54 daily trips per dwelling unit (Multifamily Housing Not Close to Rail Transit Mid-Rise Land Use 221) and 54.45 trips per thousand feet of ground-floor retail (Strip Retail Plaza (<40k) Land Use 822). Source: Institute of Transportation Engineers. ITE Trip Generation Manual, 11th Edition. 2021. 95 City of Sunnyvale. Land Use and Transportation Element Draft Environmental Impact Report. SCH No. 2012032003. August 2016. Figure 3.4-2B.

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vibration impacts are reduced to a less than significant level. Examples of measures that future development could implement under the future Noise Control Plan include, but are not limited to:

• Prohibiting the use of heavy vibration-generating construction equipment within 25 feet of residences. Instead, a smaller vibratory roller, such as the Caterpillar model CP433E vibratory compactor, could be used when compacting materials within 25 feet of residences adjoining the site.
• Avoiding dropping heavy equipment within 25 feet of residences. Alternative methods for breaking up existing pavement, such as a pavement grinder, could be used instead of dropping heavy objects within 25 feet of residences adjoining the site. • Alerting heavy equipment operators in close proximity of the adjacent structures so they can exercise extra care.

In addition, future development of the project site would comply with all City construction standards and requirements (including those in SMC Chapter 16.08). Due to the type of development anticipated and required setbacks specified in the SMC, operation of future development under the project would not generate a substantial level of groundborne vibration or noise to the surrounding land uses. (Less than Significant Impact)

c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?

The nearest airport to the project site is Moffett Federal Airfield, which is approximately 3.7 miles northwest of the site. According to the CLUP, the project site is not located within its AIA, nor is it located within the 65 dB noise contour of Moffett Federal Airfield.96 Therefore, the project and any future development made possible by the project would not expose people residing or working in the project area to excessive noise levels. (Less than Significant Impact)

4.13.3 Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the project are not considered CEQA impacts.

The following discussion is included for informational purposes only because the City of Sunnyvale has policies that address existing noise conditions affecting a proposed project.

Based on the General Plan noise and land use compatibility guidelines, residential development is “normally acceptable” in areas with ambient noise levels up to 60 dBA Ldn and is “conditionally acceptable” in areas with noise levels up to 75 dBA Ldn. The project area has existing noise levels of

96 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.

December 2018.

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