IniƟal Study/Negative Declaration
781 South Wolfe Road General Plan Amendment & Rezoning
File Number: PLNG 2024-0344
In ConsultaƟon with
Prepared by
Sunnyvale
==~ DAVIDJ.POWERS
& ASSOCIATES, INC. Bm~
____April June 2025
Attachment 8
The Initial Study/Negative Declaration (Initial Study/ND) for the 781 South Wolfe Road General Plan Amendment & Rezoning project was prepared in compliance with the requirements of the California Environmental Quality Act (CEQA). The 20-day public circulation period for the draft Initial Study/ND started April 25, 2025 and ended May 16, 2025.
Subsequent to the end of the 20-day public circulation period, minor clarifications and revisions were made to the text in the Initial Study/ND. The revised Initial Study/ND follows this page, and revised or new clarifying text is underlined. All deletions are shown with a line through the text.
Pursuant to CEQA Guidelines §15073.5, recirculation of the ND is required when the document must be “substantially revised” after public notice of its availability. A “substantial revision” is defined as:
(1) A new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance; or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.
The revised text in the Initial Study/ND does not provide information indicating the project would result in new, significant environmental impacts or impacts substantially greater in severity than disclosed in the draft Initial Study/ND. Therefore, the text revisions do not constitute a “substantial revision” pursuant to CEQA Guidelines §15073.5 and recirculation of the ND is not required.
Attachment 8
Environmental Factors Potentially Affected
This project would potentially affect the environmental factors checked below, involving at least one impact that is “Potentially Significant” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages.
□ Aesthetics □ Greenhouse Gas Emissions □ Public Services □ Agriculture and Forestry
Resources
□ Hazards and Hazardous
Materials
□ Recreation
□ Air Quality □ Hydrology and Water Quality □ Transportation □ Biological Resources □ Land Use and Planning □ Tribal Cultural Resources □ Cultural Resources □ Mineral Resources □ Utilities/Service Systems □ Energy □ Noise □ Wildfire
□ Geology and Soils □ Population/Housing □ Mandatory Findings of Significance
Determination
Based on this initial evaluation:
■ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
□ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. □ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a “potentially significant impact” or “less than significant with mitigation incorporated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. □ I find that although the proposed project could have a significant effect on the environment, because all potential significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
____________________________________ ____________________________________ Lead Agency Representative Signature Date
____________________________________ ____________________________________ Lead Agency Representative Printed Name Title Attachment 8
Table of Contents
Section 1.0 Introduction and Purpose ............................................................................................... 1 Purpose of the Initial Study/Negative Declaration ................................................................. 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 ............................................ 14 Aesthetics ............................................................................................................................. 15 Agriculture and Forestry Resources ..................................................................................... 23 Air Quality ............................................................................................................................. 27 Biological Resources ............................................................................................................. 39 Cultural Resources ................................................................................................................ 47 Energy ................................................................................................................................... 54 Geology and Soils .................................................................................................................. 61 Greenhouse Gas Emissions ................................................................................................... 70 Hazards and Hazardous Materials ........................................................................................ 80 Hydrology and Water Quality ............................................................................................... 91 Land Use and Planning.......................................................................................................... 99 Mineral Resources .............................................................................................................. 102 Noise ................................................................................................................................... 104 Population and Housing...................................................................................................... 114 Public Services .................................................................................................................... 117 Recreation ........................................................................................................................... 125 Attachment 8
Transportation .................................................................................................................... 128 Tribal Cultural Resources .................................................................................................... 138 Utilities and Service Systems .............................................................................................. 141 Wildfire ............................................................................................................................... 153 Mandatory Findings of Significance.................................................................................... 154 Section 5.0 References................................................................................................................... 159 Section 6.0 Lead Agency and Consultants ..................................................................................... 167 Lead Agency ........................................................................................................................ 167 Consultants ......................................................................................................................... 167 Section 7.0 Acronyms and Abbreviations ...................................................................................... 168
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 3.1-1: Conceptual Site Plan ....................................................................................................... 11 Figure 3.1-2: Conceptual Elevations .................................................................................................... 12 Figure 4.13-1: Noise Measurement Locations ................................................................................... 108 Figure 4.17-1: Existing Bicycle Facilities ............................................................................................. 132 Figure 4.17-2: Existing Transit Facilities ............................................................................................. 134
Photos
Photos 1 & 2 ....................................................................................................................................... 18 Photos 3 & 4 ....................................................................................................................................... 19
Tables
Table 4.3-1: Sources and Health Effects of Criteria Air Pollutants and Toxic Air Contaminants ......... 28 Table 4.15-1: School Enrollment and Capacity .................................................................................. 120 Attachment 8
Appendices
Appendix A: Construction Emissions and Health Risk Assessment Appendix B: Arborist Report
Appendix C: Historic Resource Evaluation
Appendix D: Phase I Environmental Site Assessment
Appendix E: Environmental Noise Assessment
All appendices are incorporated herein by reference.
Attachment 8
Section 1.0 Introduction and Purpose
Purpose of the Initial Study/Negative Declaration
The City of Sunnyvale, as the Lead Agency, has prepared this Initial Study/Negative Declaration (ND) for the 781 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 single-family residential uses on a 0.69-acre project site located at 781 South Wolfe Road 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 CE
QA, 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/Negative Declaration (ND). 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:
Aastha Vashist, Senior Planner
Community Development Department
City of Sunnyvale
456 West Olive Avenue
Sunnyvale, CA 94086
[email protected]
Attachment 8
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/Negative Declaration (ND) 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 8
Section 2.0 Project Information
Project Title
781 South Wolfe Road General Plan Amendment & Rezoning
Lead Agency Contact
Aastha Vashist, Senior Planner
Community Development Department
City of Sunnyvale
456 West Olive Avenue
Sunnyvale, CA 94086
[email protected]
(408) 730-7458
Project Applicant
Forrest Mozart
California Communities
1068 East Meadow Circle
Palo Alto, CA 94303
[email protected]
(650) 380-5399
Project Location
The 0.69-acre (or 29,980 square foot) project site is located at 781 South Wolfe Road, between Old San Francisco Road and Iris Avenue, in the City of Sunnyvale. The project site is currently developed with one single-family residence and an ancillary building. The project site is surrounded by residential uses to the north, south, west, and east. There is a commercial shopping center approximately 400 feet north of the project site at the southwest corner of Old San Francisco Road and South Wolfe Road. 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 8
Base Map: ESRI, ArcGIS.
FremontFremont
Palo AltoPalo Alto
Campbell
Saratoga
CuperƟno San José
Santa Clara
Sunnyvale
Mountain
View
Campbell
Saratoga
CuperƟno San José
Santa Clara
MilpitasMilpitas
Sunnyvale
Mountain
View
880
880
680
680
280
280
85 85
92 87
237
17 101
101
Project Site
Pacific Ocean
Monterey Bay
San JoséSan JoséSunnyvaleSunnyvale
FremontFremontSan MateoSan Mateo
Redwood CityRedwood City
LivermoreLivermore
OaklandOakland
San FranciscoSan Francisco
Santa CruzSanta Cruz
Mountain ViewMountain View
Morgan HillMorgan Hill
SanFranciscoBay
CuperƟnoCuperƟno
CampbellCampbell
0 .5 1 2 4 Miles
Project SiteProject Site
REGIONAL MAP FIGURE 2.4-1
4 Initial Study/Negative Declaration 781 South Wolfe Road GPA & Rezoning City of Sunnyvale April June 2025
Attachment 8
So
uth W
olfe Road
South Wolfe Road
Lantana Drive
Ponderosa Avenue
Foxglove Drive
Iris Avenue
Iris Avenue
Mah
ogany Lane
Erica Drive
Buckeye Drive
Reed Avenue
Old San Fancisco Road
Daffodil Court
Gladiola Drive
Lusterleaf Drive
Gail Avenue
Calla Drive
Daffodil Court
Henr
ieƩa Avenue
So
uthW
olfeRoad
South Wol
fe Roa
d
Lantana Drive
Po
nderosa Avenue
Foxglove Drive
Iris Avenue
Iris Avenue
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oganyLan
e
Erica Drive
Buckeye Drive
Reed Avenue
Old San Fancisco Road
Daffodil Court
Gladiola Drive
Lusterleaf Drive
GailAvenue
Calla Drive
Daffodil Court
Henr
ieƩaAvenue
Project Boundary
Base Map: ESRI, ArcGIS
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VICINITY MAP FIGURE 2.4-2
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5 781 South Wolfe Road GPA & Rezoning City of Sunnyvale Initial Study/Negative
Declaration
April
June
2025
Attachment 8
ResidenƟal
ResidenƟal
ResidenƟal
ResidenƟal
Gladiola Drive
Daffodil Court
Lusterleaf Drive
South Wolfe Road
Gladiola Drive
Daffodil Court
Lusterleaf Drive
South Wolfe Road
Photo Date: Aug. 2023
0 15 60 90 150 Feet
Project Boundary
Aerial Source: Google Earth Pro, Sep. 9, 2024.
AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 2.4-3 6 781 South Wolfe Road GPA & Rezoning City of Sunnyvale Initial Study/Negative
Declaration
April
June
2025
Attachment 8
Assessor’s Parcel Number
211-05-009
General Plan Designation and Zoning District
The project site has a General Plan land use designation of Low Density Residential and zoning of Low Density Residential (R-0). The General Plan Low Density Residential designation is intended to preserve existing single-family neighborhoods designed around parks or schools and located along neighborhood streets or residential collector streets. This designation allows for the development of zero to seven dwelling units per acre (du/ac). Larger lots under this designation may include accessory dwelling units (ADUs) pursuant to standards provided in the Zoning Code.1 The R-0
zoning district is reserved for the construction, use and occupancy of residences at a development density of no more than seven du/ac.2 Uses permitted in this district include single- family residences, boarding facilities, public parks and playgrounds, and small care facilities.3 The allowable maximum building height in the R-0 district is two stories (or 30 feet) and the maximum lot coverage is limited to 45 percent.4
Maps of
the project area’s existing General Plan land use and zoning designations are shown on Figure 2.7-1 and Figure 2.7-2, respectively.
Project-Relat ed Approvals, Agreements, and Permits
• General Plan Amendment
• Rezoning
• Special Development Permit
1 City of Sunnyvale. General Plan - Chapter 3: Land Use and Transportation. June 2022. Pages 3-82 and 3-84. 2 City of Sunnyvale. Municipal Code. Chapter 19.18.020 – Residential Zoning Districts. 3 City of Sunnyvale. Municipal Code. Chapter 19.18 – Residential Zoning Districts. Table 19.18.030. 4 City of Sunnyvale. Municipal Code. Chapter 19.32 – Building Heights, Lot Coverages, and Floor Area Ratios. Table
19.32.020.
Attachment 8
Source: City of Sunnyvale, General Plan Map, ESRI.
SOUTH WOLFE ROAD
MAHOGANY LANE
MESA OAK COURTMAYTEN TREE COURT
ERICA DRIVE
FIRETHORN TERRACE
LUSTERLEAF DRIVE
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CALLA DRIVE
GAIL AVENUE
FOXGLOVE DRIVE
Project Site Low Density Residen Ɵal
Low Medium Density ResidenƟal
Medium Density ResidenƟal
Commercial Mixed Use
Public FaciliƟes
LEGEND LAND USE DESIGNATION
EXISTING GENERAL PLAN LAND USE MAP FIGURE 2.7-1
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8 781 South Wolfe Road GPA & Rezoning City of Sunnyvale Initial Study/Negative
Declaration
April
June
2025
Attachment 8
Source: City of Sunnyvale, Zoning Map, ESRI.
HYDRANGEA COURT
SOUTH WOLFE ROADFIRETHORN TERRACE
LUSTERLEAF DRIVEGLADIOLA DRIVE
CALLA DRIVE
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GOLDENROD COURT
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ERICA DRIVE
LEGEND ZONING
Project Site R0 - Low Density ResidenƟal
R2 - Low Medium Density ResidenƟal
R3 - Medium Density ResidenƟal
C1 - Neighborhood Business
PF - Public FaciliƟes
EXISTING ZONING MAP FIGURE 2.7-2
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9 781 South Wolfe Road GPA & Rezoning City of Sunnyvale Initial Study/Negative
Declaration
April
June
2025
Attachment 8
Section 3.0 Project Description
The project proposes a General Plan Amendment (GPA) and rezoning to allow future development of single-family residences on-site at a density that exceeds what is currently allowed under the existing General Plan designation and zoning. The proposed GPA and rezoning are described below. • General
Plan Amendment to Low-Medium Density Residential – The project proposes to change the General Plan land use designation of the site from Low Density Residential to Low-Medium Density Residential, which allows a density of seven to 14 du/ac. The intent of the Low-Medium Density Residential land use designation is to preserve existing single- family, duplexes, and smaller multi-family use neighborhoods designed around parks or schools and located along neighborhood streets or residential collector streets. This designation includes small-lot single-family homes and zero lot line homes. Larger single- family lots may include ADUs pursuant to standards in the Zoning Code.5 • Rezoni
ng to R-2 with a Planned Development (PD) Combining District – The project also proposes to rezone the site from Low Density Residential (R-0) to Low Medium Density Residential (R-2) with a PD combining district overlay consistent with the proposed General Plan land use designation. The proposed R-2 zoning district supports residential uses with a maximum density of 12 du/ac, minimum property line setbacks of four feet for side yard on one side and 20 percent of the lot width for both sides (but not less than 10 feet), 15 feet for front yard, and 20 feet for the rear yard.6 The maximum building height allowed under R-2 is two stories (or 30 feet).7
Consi
stent with Sunnyvale Municipal Code (SMC) Section 19.26.020, the PD combining district overlay is intended to facilitate redevelopment of the site with a use that is compatible with the existing neighborhood but requires deviation from established development standards. The proposed PD combining district for this site would allow for the creation of lots that are less than the minimum size required in the proposed base zoning district (R-2).
There
is no specific development application on file at this time associated with the proposed project; however, conceptual plans have been provided to illustrate the potential layout, design, and setbacks of a residential development that would be consistent with the proposed GPA and rezoning. If the GPA and rezoning is approved, a separate planning permit is required to process a subsequent specific development application. See Figure 3.1-1 for a conceptual site plan that shows the typical lot sizes and setbacks that could result from implementation of the project and 3.1-2 for conceptual elevations of future development on-site.
5 City of Sunnyvale. General Plan - Chapter 3: Land Use and Transportation. June 2022. Page 3-84. 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 8
Source: Dahlin, August 5, 2024.
02 0 40 60 80 Feet
CONCEPTUAL SITE PLAN FIGURE 3.1-1
11 781 South Wolfe Road GPA & Rezoning City of Sunnyvale Initial Study/Negative
Declaration
April
June
2025
Attachment 8
LUSTERLEAF DR
S WOLFE RD
LUSTERLEAF DR
S WOLFE RD
S WOLFE RD
Source: Dahlin, August 5, 2024.
CENTER OF DRIVE AISLE LOOKING NORTH
CENTER OF DRIVE AISLE LOOKING SOUTH
LUSTERLEAF DRIVE LOOKING EAST
SOUTH WOLFE ROAD LOOKING WEST
CONCEPTUAL ELEVATIONS FIGURE 3.1-2
12 Initial Study/781 South Wolfe Road GPA & Rezoning
City of Sunnyvale
Negative Declaration
April June 2025
Attachment 8
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 residence on-site and construction of eight, two-story (up to 30-foot tall) residences on lots averaging approximately 3,750 square feet. These residences would be developed consistent with the standards (e.g., setbacks and building height) of the proposed zoning (R-2). This future development would result in a development density of 11.62 du/ac on-site, consistent with the proposed land use and zoning designation. As shown in the conceptual site plan (Figure 3.1-1), access to future residences on-site could be provided via Lusterleaf Drive.
Const
ruction of future development on-site would involve demolition, site preparation, grading, building construction, paving, and painting. It is assumed that these construction activities would occur over a 14-month period and require a maximum excavation depth of 11 feet to accommodate the construction of building foundations and the installation of utility lines on-site.
Futur
e development under the project may be subject to supplemental environmental review.
Attachment 8
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 P ublic 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:
• Envir
onmental 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).
Mitigation measures are 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.
Attachment 8
Aesthetics
4.1.1 Environmental Setting
Regulatory Framework
State
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, Interstate 280 (I-280) from the San Mateo County line to SR 17, and the entire length of SR 152 within the County.
8 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. 8 California Department of Transportation. “State Scenic Highway Map” Accessed September 10, 2024. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa .
Policy Description
Land Use and Transportation Element
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.
Community Character Element
CC-1.3 Ensure that new development is compatible with the character of special districts and residential neighborhoods.
CC-3.2 Ensure site design is compatible with the natural and surrounding built environment.
Attachment 8
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
19.42 outlines operating standards relating to the zoning code. Chapter 19.42.050 requires shielding or other special lenses to be included in any lighting sources to prevent any glare or direct illumination on any other property. • 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:
− Any sin
gle 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 add
ition 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.
Sunny
vale 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, Planning Commission, and 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.
Attachment 8
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 fully developed area of the City and is located on relatively flat land, which limits the amount of expansive views from the project area. Views of the Santa Cruz Mountains can be seen in the project vicinity, looking south on South Wolfe Road. The views, however, are obstructed by existing landscaping and development.
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 nearest segment of state-designated scenic highway is SR 9 from the Santa Cruz County line to the Los Gatos City limit, which is approximately 7.3 miles southwest of the project site. The project site is not visible from this designated state scenic highway.
The pro
ject site is currently developed with one, one-story, unoccupied single-family residence that is mid-century modern in design. The site also contains an ancillary building of a matching architectural style that was previously used as a garage space and pool house. There is landscaping in both the front and back yards, which consists of trees, shrubs, and lawn areas. There are 35 trees total on-site. Additional information regarding the trees on-site can be found in Section 4.4 Biological Resources. There are two paved driveways entering the site via South Wolfe Road, which connect to form a semicircle in front of the residence. The northernmost driveway also extends to the gated backyard, where there is a pool and landscaped space.
The su
rrounding area in the immediate vicinity of the project site consists primarily of one- and two-story single-family residences. The properties to the north of the project site comprise a planned development of eight, two-story, single-family residences and are separated from the project site by a five- to six-foot-tall wooden fence. There are single-story single-family residences to the south as well as east across South Wolfe Road. A single-family residential neighborhood is located west of the site which is developed with one- to two- story residential structures. There is a commercial shopping center approximately 400 feet north of the project site at the southwest corner of Old San Francisco Road and South Wolfe Road.
Views
of the project site and surrounding area are shown in Photos 1-4.
Attachment 8
Photo 1: View from the northeast corner of the project site looking southwest.
PHOTOS 1 & 2
Photo 2: View from the southeastern boundary of the site looking north on South Wolfe Road. 18 Initial Study/781 South Wolfe Road GPA & Rezoning
City of Sunnyvale
Negative Declaration
April June 2025
Attachment 8
PHOTOS 3 & 4
Photo 3: View of the western project boundary looking east from Lusterleaf Drive.
Photo 4: View from the western project boundary looking north on Lusterleaf Drive. 19 Initial Study/781 South Wolfe Road GPA & Rezoning
City of Sunnyvale
Negative Declaration
April June 2025
Attachment 8
4.1.2 Impact Discussion
Poten
tially
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?
9 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 t
he project have a substantial adverse effect on a scenic vista? As dis
cussed in Section 4.1.1.2 Existing Conditions, the flat topography and urban location of the project area limits the views of scenic resources. The primary scenic resource visible from the project vicinity is the Santa Cruz Mountain Range, the views of which are obstructed by existing development and mature landscaping. Future development under the project could result in the construction of up to eight single-family residences. These residences would not exceed two stories (or a maximum of 30 feet), which is consistent with the surrounding residential development and the maximum height allowed for the project site under the development standards outlined in Title 19 of the SMC for both the current and proposed zoning designation.
Given
that the project site is in an urban and developed area where views of the Santa Cruz Mountains are limited and future development under the project would be consistent with the surrounding neighborhood and the development standards in Title 19 of the SMC for the proposed zoning designation, the project would not substantially affect the already obstructed views. The project, therefore, would result in a less than significant impact to scenic vistas. (Less than Significant Impact)
9 Public views are those that are experienced from publicly accessible vantage points.
Attachment 8
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? As dis
cussed in Section 4.1.1.2 Existing Conditions, there are no state-designated scenic highways in Sunnyvale and the nearest state designated scenic highway is approximately 7.3 miles southwest of the project site. The project site is not visible from that segment of state-designated scenic highway; therefore, future development made possible by the project would not have an adverse impact on the viewshed from the highway. (No Impact)
c) In non-u
rbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The pr
oposed project is located in a fully urbanized area of the City. Consistent with General Plan Policies LT-4.3, CC-1.3, and CC-3.2, future development allowed under the project would be subject to the City’s design review process, which would ensure incorporation of appropriate design measures (e.g., height limits, setbacks, and landscaping) to reduce potential visual impacts and ensure compatibility with the existing neighborhood character. In addition, future development under the project would be designed to comply with all Low Medium Density Residential (R-2) design standards except for the minimum lot size standard. The deviance from the typically allowed minimum lot size would be allowed under the proposed PD combining district for this site. This would be consistent with the zoning designation and site design of the parcels adjacent to the northern boundary of the project site. Therefore, the proposed project would not conflict with applicable zoning and other regulations governing scenic quality. (Less than Significant Impact) d) Would
the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
The pr
oject site is surrounded by development with existing light sources including lighting from residences, streetlights, and vehicles travelling on local roads. Sources of daytime glare include building windows and vehicles. Future development allowed under the proposed project would result in construction of eight single-family residences. The increase in the number of residences on-site would increase the amount of reflective surfaces (e.g., additional windows) and associated glare compared to the existing conditions; however, future development under the project would be designed to include materials and massing consistent with the surrounding residential development. This design would be reviewed during the City’s design review process to ensure surrounding residential development. In addition, as discussed in Section 4.4 Biological Resources, it is assumed future development under the project would comply with the City’s Bird Safe Building Design Guidelines and not include large expanses of reflective surfaces. Therefore, the increase in the amount of reflective surfaces on-site would not be significant and the project would not introduce a substantial new source of glare.
Attachment 8
Currently, there is one single-family residence and an ancillary building on-site which include internal and external building lights. Future development under the proposed project would include construction of up to eight single-family residences, all of which would also include interior and exterior lighting. This would increase the number of light sources on-site compared to existing conditions.
As dis
cussed under checklist question c), future development under the project would be subject to a planning permit process prior to receiving building permits. This review would ensure consistency with SMC Section 19.42.050, which prohibits lights, spotlights, floodlights, reflectors, and other means of illumination from being directed onto public streets or adjacent properties. Compliance with the SMC would prevent the additional sources of light associated with future development on- site from affecting adjacent properties or public right of way; therefore, impacts would be less than significant and the project would not create a new source of substantial light or glare. (Less than Significant Impact)
Attachment 8
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.
10 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.11
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.12 Programs such as CAL FIRE’s Fire and Resource Assessment Program are used to identify whether forest land, timberland, or timberland production areas could be affected are located on or adjacent to a project site.13
10 California Department of Conservation. “Farmland Mapping and Monitoring Program.” Accessed September 10, 2024. http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx . 11 California Department of Conservation. “Williamson Act.” Accessed September 10, 2024. http://www.conservation.ca.gov/dlrp/lca.
12 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)).
13 California Department of Forestry and Fire Protection. “Fire and Resource Assessment Program.” Accessed September 10, 2024. http://frap.fire.ca.gov/.
Attachment 8
Existing Conditions
The project site has a General Plan land use designation of Low Density Residential and zoning of Low Density Residential (R-0). The project site is currently developed with one single-family residence and an ancillary building and is surrounded by single-family development to the north and south, South Wolfe Road to the east, and Lusterleaf Drive to the west.
The Califo
rnia Important Farmland Finder 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.14 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. 15 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?
14 California Department of Conservation. “California Important Farmland Finder.” Accessed September 10, 2024. https://maps.conservation.ca.gov/DLRP/CIFF/.
15 County of Santa Clara. “Williamson Act and Open Space Easement.” Accessed September 10, 2024. Available at:
https://plandev.sccgov.org/policies-programs/williamson-act-and-open-space-easement.
Attachment 8
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 pro
ject 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 dis
cussed in Section 4.2.1.2 Existing Conditions, the project site is zoned Low Density Residential (R-0). The project site is not under a Williamson Act contract. Therefore, the project would not conflict with existing zoning for agricultural use or a Williamson Act contract. (No Impact) c) Would t
he project conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production?
As dis
cussed 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 pr
oject site is currently developed with a single-family residence. Therefore, no forest land would be lost as a result of the project. (No Impact)
Attachment 8
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 pro
ject 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)
Attachment 8
Air Quality
The following discussion is based, in part, on a Construction Emissions and Health Risk Assessment prepared by Illingworth & Rodkin, Inc. dated October 10, 2024. This report is attached as Appendix A to this Initial Study.
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 Acts, the United States Environmental Protection Agency (EPA) and the California Air Resources Board (CARB) have established and enforced 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. DPM is comprised of diesel exhaust which 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 (i.e., areas most susceptible to injury). 16 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.
16 California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed September 10, 2024. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health.
Attachment 8
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 sources for this reaction. High O
3 levels are caused by the
cumulative emissions of ROG and NOX. These precursor or primary pollutants react under certain meteorological
conditions to form high O
3 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 (NO
2)
NO2 is a reactive gas that combines with nitric oxide (NO) to form NOx. NO2 is the byproduct of fuel combustion,
with common sources of NO2 being emissions from cars,
trucks, buses, power plants, and off-road equipment.
Other sources of NO2 include high temperature stationary combustion and 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 (PM
2.5)
and Coarse
Particulate
Matter (PM
10)
Particulate Matter (PM) is any material that is emitted as liquid or solid particles or a gaseous material, such as dust, soot, aerosols, and fumes. PM
10 and PM2.5 are both small
enough particulates to be inhaled into the human lungs, and PM
2.5 is small enough to deposit into the lungs, which
poses an increased health risk compared to PM10. Typical sources of PM 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
(SO
2)
SO2 is a pungent and colorless gaseous pollutant. SO2 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 pollution. SO
2 is
primarily formed from fossil fuel combustion at power
plants and other industrial facilities. Sources of SO
2 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
Attachment 8
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 a range of other serious health
effects. 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 groups 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. In addition, BAAQMD considers worker receptors as sensitive receptors.
17 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, O 3, CO, SO2, NO2,
and lead.18
17 Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines Appendix E: Recommended Methods for Screening and Modeling Local Risks and Hazards . 2022. Page E-14. 18 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.
Attachment 8
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 the application of emission control strategies to existing diesel vehicles and equipment to reduce DPM and 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, which includes the project 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 greenhouse gas (GHG) emissions 40 percent below 1990 levels by 2040 and 80 percent below 1990 levels by 2050. 19 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 19 Bay Area Air Quality Management District. Final 2017 Clean Air Plan. April 19, 2017. Page 12. Accessed September 18, 2024.
Attachment 8
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 BAAQMD 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.
City of Sunnyvale Climate Action Playbook Update and Game Plan 2028 The City of Sunnyvale Climate Action Playbook (originally adopted in August 2019) set a vision for the City to reduce carbon emissions by 2050. The Climate Action Playbook was subsequently updated in June 2024 to outline updated strategies to further reduce emissions in the City. The updated 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.
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.
Play Description
Strategy 1: Promoting Clean Electricity
1.1 Promote 100 percent clean electricity
Strategy 2: Decarbonizing Buildings
2.3 Achieve all-electric new construction
Attachment 8
Sunnyvale Reach Codes
The California Energy Commission (CEC) approved the City’s Reach Codes, which went in effect on January 26, 2021. The Reach Codes are a local energy code for buildings design and construction that go beyond the minimum state requirements. The purpose of the Reach Codes are to help reduce GHG emissions by promoting electric versus natural gas energy use. The Reach Codes apply to new residential and non-residential construction, and includes the following requirements:
• 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 Re
ach Codes also contains language prohibiting gas appliances (e.g., cooking range, water heater, space heater, fireplace, etc.) in new construction; however, the enforcement of that requirement is currently suspended, due to a recent federal court decision invalidating all-electric construction requirements.
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.20 The area has attained both NAAQS and CAAQS for CO, SO2, and NO2.21 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 O
3, 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.
20 Bay Area Air Quality Management District. “Air Quality Standards and Attainment Status.” Last Updated January 5, 2017. Accessed September 10, 2024. https://www.baaqmd.gov/about-air-quality/research-and-data/air-quality- standards-and-attainment-status.
21 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.
Attachment 8
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 t
he project conflict with or obstruct implementation of the applicable air quality plan?
The BA
AQMD 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.
Support of Primary 2017 CAP Goals
As discussed in Section 4.3.1.2 Regulatory Framework, the goals of the 2017 CAP include 1) protecting public health by progressing towards attaining air quality standards and eliminating health risk and 2) protecting the climate. As discussed below, the project would support these primary goals of the 2017 CAP through attainment of air quality standards, reducing exposure of populations to emissions, and reducing greenhouse gas emissions. If a project is below the BAAQMD criteria air pollutants thresholds of significance, its emissions are considered to not significantly affect attainment of the region’s air quality standards. If future development results in health risk effects below the BAAQMD thresholds of significance, the development is assumed to not result in significant health effects. An analysis of potential construction and operational air pollutant emissions from future development under the proposed project, as well as the project’s health risk, is provided below. As discussed in Section 4.8 Greenhouse Gas Emissions future Attachment 8
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.
Construction Period Emissions
The proposed project includes a GPA and rezoning that would result in changes at the policy level and does not include a specific development proposal; however, the policy changes would facilitate the development of up to eight single-family residences on-site.
Future redevelopment of the site allowed under the project would result in short-term emissions from construction activities associated with development, including demolition, site grading, asphalt paving, building construction, and architectural coating. Emissions commonly associated with construction activities include fugitive dust from soil disturbance, fuel combustion from mobile heavy-duty diesel- and gasoline-powered equipment, portable auxiliary equipment, and worker commute trips. During construction, fugitive dust, the dominant source of PM 10 and PM2.5
emissions, is generated when wheels or blades disturb surface materials. Uncontrolled dust from construction can become a nuisance and potential health hazard to those living and working nearby. Demolition and construction of buildings can also generate PM 10 and PM2.5 emissions. Off-
road construction equipment is often diesel-powered and can be a substantial source of NOx emissions, in addition to PM10 and PM2.5 emissions. Diesel exhaust from construction equipment poses both a health and nuisance impact to nearby receptors.
Construction period emissions were modeled based on a preliminary equipment list and schedule information provided by the applicant. The preliminary modeling and results show that future development under the proposed project could be below the BAAQMD thresholds of significance and, therefore, less than significant. Refer to Appendix A for details about the modeling, data inputs, and assumptions.
Construction activities, particularly during site preparation and grading, would temporarily generate fugitive dust in the form of PM
10 and PM2.5. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Unless properly controlled, vehicles leaving the site would deposit mud on local streets, which could be an additional source of airborne dust after it dries. BAAQMD recommends all projects include a “basic” set of best management practices (BMPs) to manage fugitive dust and consider impacts from dust (i.e. fugitive PM
10 and PM2.5) to be less than significant. This analysis assumes future development under the proposed project would comply with the BAAQMD CEQA Guidelines and implement the below standard BAAQMD construction BMPs:
• 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 track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
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• All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (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 site located 100 feet of 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 be visible to ensure compliance with applicable regulations.
Assuming future development under the proposed project would result in construction criteria air pollutant emissions below the BAAQMD thresholds of significance and implement the BAAQMD standard construction BMPs, construction period emissions would be reduced to a less than significant level by controlling dust, limiting equipment idling, and properly maintaining equipment. (Less than Significant Impact)
Operational Period Emissions
The eight single-family residences that would be allowed under the project would be below BAAQMD’s operational criteria pollutant screening threshold of 421 dwelling units.22 Therefore, emissions from operation of future development on-site would not exceed BAAQMD’s operational criteria air pollutant emissions thresholds and are presumed to be less than significant. (Less than Significant Impact)
Construction Health Risk Effects
As discussed in further detail under checklist question c) below, preliminary analysis shows that the construction health risk effects from future development under the proposed project could exceed the BAAQMD single-source thresholds for incremental cancer risk at the maximumly exposed individual. When a specific development application associated with the project is proposed, a refined community risk assessment may be required which could identify measures to reduce the health risk to below the BAAQMD thresholds of significance if any significant health risks are identified.
22 Bay Area Air Quality Management District. 2022 CEQA Guidelines. April 2023. Page 4-4.
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Consistency with 2017 CAP Control Measures
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:
• Expan
d 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.
Pursu
ant to the City’s Reach Codes, future development under the project would install solar panels on all new buildings and be enrolled in Silicon Valley Clean Energy which provides electricity that is 100 percent GHG-emission free. In addition, future development on-site would voluntarily be 100 percent electric with no natural gas appliances or connections. Based on these assumptions, the project and future development under the project would not disrupt, delay, or otherwise hinder the implementation of any of the control measures. (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 dis
cussed in Section 4.3.1.3 Existing Conditions, 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.
As dis
cussed under checklist question a) above, based on preliminary analysis, the construction period and operational period criteria air pollutant emissions for future development under the project are estimated not exceed the BAAQMD thresholds of significance and future development under the project is assumed to implement BAAQMD-recommended construction BMPs to control dust, limit equipment idling, and properly maintain equipment. (Less than Significant Impact) c) Would t
he project expose sensitive receptors to substantial pollutant concentrations? As dis
cussed under checklist question a) above, the proposed project includes a GPA and rezoning that would result in changes at the policy level and does not include a specific development Attachment 8
proposal; however, it is expected that the policy changes would facilitate the development of up to eight single-family residences on-site. Using the development assumptions outlined in Section 3.0 Project Description, a preliminary community risk assessment was completed to evaluate the health effects to nearby sensitive receptors from construction emissions that could be generated by future development on-site. Refer to Appendix A for details about the preliminary community health risk modeling, data inputs, and assumptions.
The res
ults of the preliminary assessment show that the construction health risk effects from future development under the proposed project could exceed the BAAQMD single-source thresholds for incremental cancer risk at the maximumly exposed individual. When a specific development application associated with the project is proposed, a refined community risk assessment may be required. If significant health risks are identified, measures such as implementing BAAQMD enhanced BMPs and/or utilizing construction equipment that meets U.S. EPA Tier 4 emission standards (or equivalent), would be required to reduce the health risk to below the BAAQMD thresholds of significance. (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?
Examp
les of land uses that generate considerable odors include wastewater treatment plants, landfills, and chemical plants. The project would allow for the future construction of up to eight single-family residences on-site. Residential land use is not a land use that would 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)
4.3.3 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. The following discussion is included for informational purposes only because the City of Sunnyvale has General Plan Policy EM-11.3 that protects residents from unnecessary exposure to air pollutants.
In add
ition to evaluating health impacts from project construction and cumulative TAC sources on existing sensitive receptors (as discussed in Section 4.3.2 Impact Discussion), a health risk assessment was completed to analyze the health effects that existing TAC sources would have on the new proposed sensitive receptors (residents) that would be introduce to the site with the implementation of the project.
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Health risk effects to the future on-site receptors from the existing TAC sources in the project vicinity were evaluated (see detailed analysis in Appendix A). The analysis found existing sources of TAC emissions and health risk effects from surrounding TAC sources (including nearby roadways and stationary sources) do not exceed the BAAQMD single-source or cumulative-source thresholds for health risk effects at the project site.
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Biological Resources
The following discussion is based upon an Arborist Report prepared by Kielty Arborist Services, LLC dated November 27, 2023. This report is attached as Appendix B to this Initial Study.
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 Attachment 8
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.
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 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
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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planting trees in the public right of way, removal or maintenance to protected trees, and construction affecting protected trees.
• 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
The project site is currently developed with one single-family residence, an ancillary building, pool, and landscaping. 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 manage the risk associated with flooding in the area. It is located approximately 0.3-mile to the west of the project site. The nearest wetland area is the freshwater pond located adjacent to the Sunnyvale Community Center, approximately 0.7-mile southwest of the project site.
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The primary biological resources on-site are trees. The project site contains 35 trees total, 14 of which are protected as defined in the SMC.24 The predominant species on-site is the privet tree, which makes up approximately 34 percent (or 12 trees) of the total trees on-site.
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?
24 Kielty Arborist Services LLC. 781 South Wolfe Road Sunnyvale CA Arborist Report 2023. November 27th, 2023.
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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? Becaus
e the project site is fully developed, 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 po
ssible, 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 i
s 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).
Durin
g 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 fina
l 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.
Complian
ce with the MBTA and CDFW regulations (e.g., 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) would result in less than significant impacts to nesting birds. (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 0.3-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 0.7-mile southwest of the project site. 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)
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 35 trees total, 14 of which are defined as protected 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. 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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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 14 protected trees on the project site. If tree replacement is not feasible, payment of in-lieu fees may be required. 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. Future development on-site would be designed to comply with applicable measures from the Bird Safe Design Guidelines including the following:
• 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)
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 Attachment 8
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 8
Cultural Resources
The following discussion is based, in part, upon a Historic Resource Evaluation prepared by Evans & De Shazo, Inc. dated October 13, 2023 which is attached as Appendix C to this Initial Study and an Archaeological Study was prepared by Evans & De Shazo, Inc. dated December 26, 2024. A copy of the confidential Archaeological Study is on file at the City of Sunnyvale.
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.
The NRHP is the nation’s master inventory of historic resources that are considered significant at the national, state, or local level. The minimum criteria for determining NRHP eligibility include:
• The property is at least 50 years old (properties under 50 years of age that are of exceptional importance or are contributors to a district can also be included in the NRHP); • It retains integrity of location, design, setting, materials, workmanship, feeling, and associations; and
• It possesses at least one of the following characteristics:
o Association with events that have made a significant contribution to the broad patterns of history;
o Association with the lives of persons significant in the past; o Distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant, distinguishable entity whose components may lack individual distinction; or o Has yielded, or may yield, information important to prehistory or history.
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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 co
ncept 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 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.
Californ
ia 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 R
esources Code Section 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 Section 5097.98. These codes protect such remains from 26 California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed September 11, 2024. https://ohp.parks.ca.gov/pages/1054/files/ts01ca.pdf.
Attachment 8
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.
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.
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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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.
Herit
age 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 significance. The inventory was last updated to remove a heritage resource in September 2024. 27 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. Prior to construction of the existing residence on-site in 1965, the project site and the surrounding properties contained orchards that were utilized for agricultural purposes.
The pr
oject site does not contain any structures listed the NRHP or the CRHR; nor does it contain any resources listed on the City of Sunnyvale Heritage Resources Inventory.28 The project site currently contains two buildings, the primary residence (which was constructed in 1965) and the ancillary building (which was constructed in 1971). 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. To determine whether any of the structures on-site meet the established criteria to be considered a historic resource, a Historic Resource Evaluation (which is included in Appendix C) was completed for the existing structures on- site. The Historic Resource Evaluation determined that none of the structures on-site would be eligible for listing on the CRHR under any criteria; therefore, the existing structures would not qualify as historic resources. Refer to Appendix C for a more detailed evaluation of the potential historic significance of the existing structures on-site. 27 City of Sunnyvale. “Heritage Resources Inventory.” Revised September 2024. Accessed January 23, 2025. https://www.sunnyvale.ca.gov/home/showpublisheddocument/1556/637820850915270000. 28 City of Sunnyvale. “Heritage Resources Inventory.” Revised September 2024. Accessed January 23, 2025. https://www.sunnyvale.ca.gov/home/showpublisheddocument/1556/637820850915270000.
Attachment 8
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-half 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-half mile of the project site. This built environment resource (a residence located at 925 South Wolfe Road which was constructed in 1929) was located approximately 0.4-mile south of the project site prior to being converted to a clubhouse for a new apartment complex in 1974. The built environment resource was evaluated for its potential historic significance prior to the renovation, and was determined to be ineligible for listing on the NRHP and the CRHR.
Histor
ic-era maps and aerial photos were also reviewed to identify the potential for historic-era archaeological resources in the project site. A review of historic maps shows no evidence of structures on the project site until construction of a small building in 1956, which was demolished prior to construction of the existing residence in 1965. 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.
Native Am
erican 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 t
he project area, the soil consists of Pleistocene alluvial fan deposits, which were deposited prior to 11,700 years ago, and younger Holocene-age alluvial surficial sediments. In addition, near surface soils on-site contain urban land-Flaskan complex soils, which are comprised of approximately 70 percent urban land, 20 percent Flaskan and similar soils, and 10 percent minor components. Urban land soils consist of disturbed and human-transported materials which are less likely to contain unknown archaeological resources.
The n
earest water sources in pre-contact history were Calabazas Creek, approximately 1.5 miles to the east, Stevens Creek, approximately 2.5 miles to the west, and the San Francisco Bay estuary, approximately 3.8 miles to the north of the project site. Based on the absence of previously recorded archaeological resources within a one-half 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.
Attachment 8
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 t
he project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5?
The pr
oject site contains two buildings, the primary residence which was constructed in 1965, and the ancillary building which was constructed in 1971. As discussed above in Section 4.5.1.2 Existing Conditions, neither structure is listed the NRHP, CRHR, or the City of Sunnyvale Heritage Resources Inventory. In addition, the site-specific Historic Resource Evaluation determined that the property, including all structures on-site, would not be eligible for listing on the CRHR under any criteria.
Therefore, the project does not contain any historic resources and future development on-site would not result in a substantial adverse change in the significance of a historic resource. (Less than Significant Impact)
b) Would
the project cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5? As dis
cussed above in Section 4.5.1.2 Existing Conditions, no archaeological resources have been previously identified on or adjacent to the project site and the site has a low sensitivity for Native American 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)
Attachment 8
c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
As dis
cussed in checklist question b) above, although the project site has low sensitivity for Native American 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) Attachment 8
Energy
4.6.1 Environmental Setting
Regulatory Framework
Federal and State
Energy Star 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.
Renewa
bles 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.
Executi
ve 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.
Assem
bly 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 implement strategies that enable CO
2 removal solutions and carbon capture,
utilization, and storage technologies in California. The bill requires CARB to submit an annual report.
Californ
ia Building Standards Code
The Energy Efficiency Standards for Residential and Non-residential Buildings, as specified in Title 24, Part 6 was established in 1978 in response to a legislative mandate to reduce California’s energy Attachment 8
consumption. Title 24 is updated approximately every three years. Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments. The California Building Energy Efficiency Standards (California Energy Code) is under Title 24, Part 6 and is overseen by the California Energy Commission (CEC). This code includes design requirements to conserve energy in new residential and non-residential developments. The California Energy Code is enforced and verified by cities during the planning and building permit process.
Title 24, Part 11 of the California Building Standards Code (CBSC), also known as 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.
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.
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.29
Local
City of Sunnyvale Climate Action Playbook Update and Game Plan 2028 The City of Sunnyvale Climate Action Playbook (originally adopted in August 2019) set a vision for the City to reduce carbon emissions by 2050. The Climate Action Playbook was subsequently updated in June 2024 to outline updated strategies to further reduce emissions in the City and adopted as a qualified greenhouse gas reduction strategy pursuant to CEQA Guidelines. The updated 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.
29 California Air Resources Board. “Advanced Clean Cars II.” Accessed September 11, 2024. https://ww2.arb.ca.gov/our-work/programs/advanced-clean-cars-program/advanced-clean-cars-ii.
Attachment 8
Sunny
vale Green Building Program
In May 2019, the City revised the green building standards for new construction, additions, and remodels of buildings.30 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.
Sunny
vale Reach Codes
The California Energy Commission (CEC) approved the City’s Reach Codes, which went in effect on January 26, 2021. The Reach Codes are a local energy code for building design and construction that go beyond the minimum state requirements. The purpose of the Reach Codes are to help reduce GHG emissions by promoting electric versus natural gas energy use. The Reach Codes apply to new residential and non-residential construction, and includes the following requirements:
• 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 Re
ach Codes also contain language prohibiting gas appliances (e.g., cooking range, water heater, space heater, fireplace, etc.) in new construction; however, the enforcement of that requirement is currently suspended, due to a recent federal court decision. 30 City of Sunnyvale. Green Building Program. May 2019. Accessed September 18, 2024.
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 4: Managing Resources Sustainably
4.1 Achieve Zero Waste goals for solid waste
4.3 Enhance natural carbon sequestration capacity
Attachment 8
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.31 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 6,882 trillion British thermal units (Btu) in the year 2022, the most recent year for which this data was available.32 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 18 percent (1,204 trillion Btu) for residential uses, 17 percent (1,193 trillion Btu) for commercial uses, 22 percent (1,539 trillion Btu) for industrial uses, and 43 percent (2,916 trillion Btu) for transportation. 33 This energy is primarily supplied in the form
of natural gas, petroleum, nuclear electric power, and hydroelectric power.
Conte
xt regarding energy demand and use at a more local level is provided below. In terms of on- site use, energy is used to power the single-family residence (when occupied). The residential use on-site would generate demand for electricity, natural gas, and gasoline to run appliances, provide heating and cooling, fuel vehicles traveling to and from the site, etc.
Electricity
Electricity in Santa Clara County in 2022 was consumed primarily by the non-residential sector (75 percent), followed by the residential sector consuming 25 percent. A total of approximately 17,101 gigawatt hours (GWh) of electricity was consumed in Santa Clara County annually.34 The co
mmunity-owned Silicon Valley Clean Energy (SVCE) is the electricity provider for the City of Sunnyvale.35 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.
31 City of Sunnyvale. “Construction Waste.” January 1, 2022. Accessed September 11, 2024. https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/construction-waste. 32 United States Energy Information Administration. “California State Energy Profile.” Accessed October 24, 2024. https://www.eia.gov/state/print.php?sid=CA.
33 Ibid.
34 California Energy Commission. Energy Consumption Data Management System. “Electricity Consumption by County.” Accessed October 24, 2024. http://ecdms.energy.ca.gov/elecbycounty.aspx. 35 Silicon Valley Clean Energy. “Frequently Asked Questions.” Accessed October 24, 2024. https://www.svcleanenergy.org/faqs.
Attachment 8
Natural Gas
PG&E provides natural gas services within Sunnyvale. California’s natural gas supply comes from a combination of in-state production and imported supplies from other western states and Canada.36 Annually, residential and commercial customers in California use approximately 34 percent of the state’s natural gas, electric power plants use 31 percent, and the industrial sector use 30 percent.37 Santa Clara County uses approximately 3.6 percent of the state’s total consumption of natural gas.38
Fuel for Motor Vehicles
Annually, California produces approximately 118 million barrels of crude oil and approximately 15 billion gallons of gasoline are sold in California.39, 40 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 26.0 mpg in 2022.41 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. 42,43
36 California Gas and Electric Utilities. 2023 California Gas Report. Accessed October 24, 2024. https://www.socalgas.com/sites/default/files/Joint_Biennial_California_Gas_Report_2023_Supplement.pdf . 37 United States Energy Information Administration. “Natural Gas Consumption by End Use. ” 2021. Accessed October 24, 2024. https://www.eia.gov/dnav/ng/ng_cons_sum_dcu_SCA_a.htm. 38 California Energy Commission. “Natural Gas Consumption by County.” Accessed October 24, 2024. http://ecdms.energy.ca.gov/gasbycounty.aspx.
39 United States 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 40 California Department of Tax and Fee Administration. “Net Taxable Gasoline Gallons.” Accessed October 24, 2024. https://www.cdtfa.ca.gov/dataportal/dataset.htm?url=VehicleTaxableFuelDist . 41 United States Environmental Protection Agency. “The 2023 EPA Automotive Trends Report: Greenhouse Gas Emissions, Fuel Economy, and Technology since 1975.” December 2023. https://www.epa.gov/system/files/documents/2023-12/420r23033.pdf. 42 United States Department of Energy. Energy Independence & Security Act of 2007. Accessed October 24, 2024. http://www.afdc.energy.gov/laws/eisa.
43 United States Department of Transportation. USDOT Announces New Vehicle Fuel Economy Standards for Model Year 2024-2026.” Accessed October 24, 2024. https://www.nhtsa.gov/press-releases/usdot-announces-new- vehicle-fuel-economy-standards-model-year-2024-2026.
Attachment 8
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
Future development allowed under the proposed 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, 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. When a specific development application associated with the project is proposed, a refined community risk assessment may be required that could recommend measures such as implementing BAAQMD enhanced BMPs, utilizing construction equipment that meets U.S. EPA Tier 4 emission standards (or equivalent), and/or implementing a combination of measures that would utilize more efficient equipment or require the use of less diesel equipment. For these reasons, the construction process would be considered efficient.
Future development made possible by the project would also comply with the CALGreen and City 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 associated with future development under the proposed project would not use fuel or energy in a wasteful manner. (Less than Significant Impact)
Attachment 8
Operation
Future development made possible by the project would be designed for energy efficiency and conservation in accordance with existing regulations including the City’s Climate Action Playbook, Green Building Program, and Reach Codes. Compliance with existing regulations would include implementing CALGreen Mandatory Measures, achieving 90 points minimum on the GreenPoint Rated Checklist, and installing solar panels on any new buildings, ensuring an energy-efficient design. Future development would also be constructed to meet the latest California Building Energy Efficiency Standards (Title 24 California Code of Regulations) and would be located on an infill site which would promote lower vehicle miles traveled (VMT) by future residents. Adherence to existing regulations would ensure future development under the 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?
Elect
ricity 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 350.44 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 Codes. It is assumed that future development on-site under the project would voluntarily commit to being all-electric and not include installation of any natural gas connections.
Future
development made possible by the project would be required to comply with the plays from the City’s Climate Action Playbook of utilizing 100 percent 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 (consistent with Play 4.1 and the City’s construction and demolition waste diversion requirements), and planting new trees if protected trees are removed (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)
44 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.
Attachment 8
Geology and Soil s
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.
Seism
ic 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.
Californ
ia Building Standards Code
The CBSC prescribes standards for constructing safe buildings. Part 2 of the CBSC contains the California Building Code (CBC), which includes provisions for earthquake safety based on factors including occupancy type, soil and rock profile, ground strength, and distance to seismic sources.
Per Section 1803A.1 of the CBC, preparation of a geotechnical investigation report is required 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.
Californ
ia 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 8
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.
Attachment 8
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.
In add
ition, 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.45 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.
Sunny
vale 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 12.60.310 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 45 City of Sunnyvale. 2017 Land Use and Transportation Element Draft Environmental Impact Report . August 2016.
Attachment 8
stretch between the Santa Cruz Mountain Range to the southwest and west and the Diablo Range to the northeast. 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.
46 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.
47 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.
48 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. 49 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.
46 United States Department of Agriculture Natural Resources Conservation Service. “Web Soil Survey.” Accessed September 24, 2024. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. 47 Association of Bay Area Governments. “Hazard Viewer.” Accessed September 14, 2023. https://abag.ca.gov/our- work/resilience/data-research/hazard-viewer.
48 Santa Clara County Planning & Development. Geologic Hazard Zones Mapping Application. 2021. 49 Santa Clara County. Santa Clara County Geologic Hazard Zones Map. October 2012.
Attachment 8
Groundwater
The estimated depth to groundwater below the site is approximately 20 to 30 feet below ground surface (bgs).50 Groundwater levels on-site may vary depending on seasonal precipitation, irrigation practices, and other climate conditions.
Paleontological Resources
As discussed in Section 4.5 Cultural Resources, the project site is underlain by late Pleistocene alluvial fan deposits which are more than 11,700 years old and younger Holocene-age alluvial surficial sediments. The Pleistocene alluvial fan deposits, which are often found at depths of greater than 10 feet, are considered highly sensitive for paleontological resources.51
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?
50 Santa Clara Valley Water District. “Santa Clara County Depth to First Groundwater.” Accessed September 25, 2024. https://data-valleywater.opendata.arcgis.com/datasets/valleywater::santa-clara-county-depth-to-first- groundwater/explore?location=37.364061%2C-122.014687%2C18.98. 51 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 t
he 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 8
potentially damage structures and threaten the safety of occupants in future development made possible by the project.
Prior t
o 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 the CBC and 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.
Based
on the above, 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 development 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? Futur
e development made possible by the project would increase the potential for wind or water- related erosion and sedimentation during construction. Implementation of the required erosion control measures in the SMC Section 12.60.310, future site-specific geotechnical report, and Provision C.6.c of the MRP would ensure that erosion and loss of topsoil are reduced to less than significant by controlling the amount of erosion occurring on-site during construction activities, limiting run-off from the site, and maintaining active treatment systems, on-site. (Less than Significant Impact)
Attachment 8
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 dis
cussed 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 12.60.310 of the SMC, and recommendations in the site-specific geotechnical report that would be prepared for future development under the project (as required by General Plan Policy SN-1.1) would reduce the risk of liquefaction on-site because these recommendations would minimize impacts related to liquefaction and soil instability (such as collapse) to a less than significant level.
Valle
y 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 a confined zone. 52 Given the estimated maximum excavation
depth of 11 feet for utility trenching and the estimated groundwater depth below the site (20 to 30 feet bgs), it is unlikely that future development of the site would require dewatering of subsurface groundwater during construction.
As dis
cussed 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)
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 dis
cussed 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 52 Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins.
November 2021.
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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 current CBC, General Plan Policy SN-1.1, and recommendations of the future site-specific geotechnical report, 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)
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Greenhouse Gas Emissions
4.8.1 Environmental Setting
Background Information
Greenhouse gases (GHG) are gases that trap heat in the atmosphere and 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 (anthropogenic). Natural and anthropogenic sources of GHGs are generally as follows:
• CO2 exchange between the atmosphere, ocean, and land surface • CO2, CH4, and N2O are emitted from wildfires and volcanic eruptions • 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 exp
anding 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. Per the 2022 Scoping Plan from CARB, atmospheric concentrations of CO
2 have increased by 50 percent since the Industrial
Revolution and continue to increase at a rate of two parts per million each year, which will result in increased global temperatures.
53 The climate 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 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; 53 California Air Resources Board. 2022 Scoping Plan for Achieving Carbon Neutrality. December 2022. Page 3.
Accessed September 18, 2024.
Attachment 8
more frequent and intense natural disasters such as flooding, hurricanes and drought; and increased levels of air pollution.
Regulatory Framework
State
Assembly Bill 32 and State Bill 32
Under the California Global Warming Solutions Act, 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 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 201
6, 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 accelerate 2030 statewide target in terms of million metric tons of CO
2e (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. 54 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 (NO x) 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 54 California Air Resources Board 2022 Scoping Plan for Achieving Carbon Neutrality. December 2022. Page 5.
Accessed September 18, 2024.
Attachment 8
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 the 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 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. 55 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 provides a path to emissions reductions via goals to expand TDM initiatives that support and augment employers’ commute programs.
SB 100
SB 100, known as The 100 Percent 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 55 Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050.
October 21, 2021. Page 20. Accessed September 18, 2024.
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policy goals and implement strategies that enable CO2 removal solutions and carbon capture, utilization, and storage technologies in California. 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- emission vehicles. This regulation bans the sale of new gasoline or diesel passenger cars, trucks, and SUVs in California from automakers. Beginning in 2026, 35 percent of new vehicle sales must be zero-emission vehicles and plug-in hybrid electric vehicles (EV) 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 100 percent of new vehicle sales will be zero-emissions. CARB will limit the use of plug- in hybrid EVs 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 CBSC under Title 24, Part 11.56 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 Ca
lifornia 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. Major changes include electric-ready single-family and multi- family residence and solar photovoltaic systems and energy storage systems for residential and commercial developments.
57,58,59
Requi
rements 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 2022 CALGreen 56 Refer to https://www.dgs.ca.gov/BSC/CALGreen.
57 California Energy Commission. “2022 Building Energy Efficiency Standards What’s New for Single-Family Residential.” Revised July 15, 2022. Accessed September 11, 2024. https://www.energy.ca.gov/sites/default/files/2022-08/2022_Single-family_Whats_New_Summary_ADA.pdf. 58 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.
59 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.
Attachment 8
standards include requirements for both EV readiness and the actual installation of EV chargers. For new one- and two-family dwelling units with attached private garages, CALGreen requires installation of a listed raceway to accommodate a dedicated 208/240-volt branch circuit that would allow for future installation of an EV charger. CALGreen also requires new construction and demolition projects to have a diversion of at least 65 percent of the construction waste generated.
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 In April 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 substantial evidence to support these thresholds. The April 2022 GHG thresholds 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.
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.
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City of Sunnyvale Climate Action Playbook Update and Game Plan 2028 The City of Sunnyvale Climate Action Playbook (originally adopted in August 2019) set a vision for the City to reduce carbon emissions by 2050. The Climate Action Playbook was subsequently updated in June 2024 to outline updated strategies to further reduce emissions in the City. The updated 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.
The Playbook is a qualified GHG reduction strategy pursuant to the BAAQMD CEQA Guidelines and CEQA Guidelines Section 15183.5(b).
Sunny
vale Reach Codes
The CEC approved the City’s Reach Codes, which went into effect on January 26, 2021. The City’s Reach Codes are a local energy code for buildings design and construction that goes beyond the minimum state requirements. The purpose of the Reach Codes are to help reduce GHG emissions by promoting electric versus natural gas energy use and encouraging EV charging infrastructure.
The Reach Codes apply to new residential and non-residential construction, and includes the following requirements:
• Solar
panels are required for all new buildings
• EV charging stations (or conduit and preliminary wiring for them) are required for all new building parking lots
The Re
ach Codes were re-adopted as part of the 2022 Building Codes update on November 1, 2022.
The Reach Codes also contain language prohibiting gas appliances (e.g., cooking range, water heater, space heater, fireplace, etc.) in new construction; however, enforcement of that requirement is currently suspended to due a recent federal court case.
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 4: Managing Resources Sustainable
4.1 Achieve Zero Waste goals for solid waste
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.60 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 residence on-site is currently vacant. When it was previously occupied, the existing use on-site generated 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?
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 60 City of Sunnyvale. “Construction Waste.” Accessed September 11, 2024. https://www.sunnyvale.ca.gov/business-and-development/planning-and-building/construction-waste.
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are significant, however, BAAQMD’s 2022 CEQA Guidelines includes BMPs for reducing GHG emissions from construction-related activities. When a specific development application associated with the project is proposed, a refined community risk assessment may be required that could recommend measures such as implementing BAAQMD enhanced BMPs, utilizing construction equipment that meets U.S. EPA Tier 4 emission standards (or equivalent), and/or implementing a combination of measures that would utilize more efficient equipment or require the use of less diesel equipment. With implementation of measures similar to these, 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 non-residential 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 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
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 up to eight single-family residences. The operation of this residential development would generate GHG emissions primarily from energy consumption, vehicular travel, and solid waste disposal.
Since the project requires a GPA, it is not consistent with the City’s Climate Action Playbook Update and Game Plan 2028 as the playbook update is predicated on General Plan consistency. For this Attachment 8
reason, the project’s GHG impact is evaluated against threshold A above. Future development on- site would voluntarily comply with the City’s Reach Codes 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, and is presumed to achieve reduction in project-generated VMT below the regional average as further discussed in Section 4.17 Transportation. In addition, consistent with the requirements of the CALGreen Building Standards Code, future development under the project would install a 208/240-volt branch EV charging circuit and receptacle in the garage of each residence to allow for on-site EV charging. This would comply with the off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 (threshold A.2.b above). 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 to allow for higher density single-family residential development near existing transit facilities. Future development under the project would use energy efficient appliances and equipment, as required by Title 24 and CALGreen, would comply with the City’s Green Building Program and voluntarily comply with the Reach Codes. 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 not conflict 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, when a specific development application associated with the project is proposed, a refined community risk assessment may be required which could identify measures to reduce the health risk to below the BAAQMD thresholds of significance if any significant health risks are identified. With this, 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 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) Attachment 8
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 complying with Title 24 and CALGreen, the City’s Green Building Program, Reach Codes, Climate Action Playbook (as described further below), 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 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 on-site to replace any protected trees that are removed (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 Hazard ous Materials
The following discussion is based, in part, on a Phase I Environmental Site Assessment (ESA) prepared by Rosso Environmental, Inc. dated March 21, 2024. This report is attached as Appendix D 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.
Worke
r 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.
Compr
ehensive 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 8
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.
61 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.62
61 United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed September 11, 2024. https://www.epa.gov/superfund/superfund-cercla-overview. 62 United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed September 11, 2024. 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).
63 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 (LBP).
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.
64 The EPA is currently considering a proposed ban on on-going use of asbestos.65 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.
63 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed September 11, 2024. https://calepa.ca.gov/sitecleanup/corteselist/.
64 United States Environmental Protection Agency. “EPA Actions to Protect the Public from Exposure to Asbestos.” Accessed September 11, 2024. https://www.epa.gov/asbestos/epa-actions-protect-public-exposure-asbestos 65Ibid.
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CCR Title 8, Section 1532.1
The United States Consumer Product Safety Commission banned the use of LBP in 1978. Removal of older structures with LBP 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 LBP is peeling, flaking, or blistered, it is required to be removed prior to demolition.
Regional and Local
Comprehensive Land Use Plan for Moffett Federal Airfield The project site is approximately 3.1 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.66 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.
Santa Clar
a 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 Ci
ty’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.
66 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.
November 2, 2016. Accessed September 18, 2024.
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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;
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
Site History
Prior to construction of the existing residence on-site in 1965, the project site and the surrounding properties contained orchards that were utilized for agricultural purposes. Due to the historic 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.
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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 reconnaissance conducted as part of the Phase I ESA prepared for the project identified small quantities of several hazardous materials stored on-site, including empty containers of Diazinon and benzene, containers of floor finish, granular herbicide, and an oil drain container. Oily staining on several concrete areas was also discovered. In addition, the property currently contains several containers of paints, roofing seal, deck coating, algaecide, and muriatic acid in the garage and ancillary building (which contains a pool pump room). No evidence of leaks or spills were noted for these materials.
Asbes
tos Containing Building Materials
The on-site reconnaissance conducted as part of the Phase I ESA prepared for the project identified suspected ACMs including wallboard assemblies, coving mastics, sheet flooring, tile flooring, and carpet mastics.
Lead-B
ased Paint
Based on the age of the existing residence and accessory structure, LBP may be present on-site.
Additionally, soil adjacent to any existing 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 not located on the Cortese List.67
Off-Site Sources of Contamination
There are two sites in the project vicinity with potential or recorded contamination issues, including 793 East El Camino Real and 755 South Wolfe Road, which are located approximately 0.54-miles southwest and 350 feet north of the site, respectively. Both sites appear to have been utilized by dry cleaning businesses; however, based on the information in the regulatory agency database report, neither site has a recorded spill or release incident that is likely to significantly impact soil, soil vapor or groundwater beneath the project site because the contamination at 793 East El Camino Real does not extend off-site and the contamination at 755 South Wolfe Road is downgradient from the site.
67 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed October 21, 2024. https://calepa.ca.gov/sitecleanup/corteselist/.
Attachment 8
Other Hazards
Airports
The project site is approximately 3.1 miles southeast of the Airfield and is located outside of the Airfield’s AIA, 65 dBA noise contour area, and airport safety zones.68 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 407 foot surface area.
69 Based on the project site’s elevation of approximately 101 feet above mean sea level, any structure exceeding 306 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). 70,71
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?
68 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.
November 2, 2012. Figure 5, Figure 7, and Figure 8.
69 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.
November 2, 2012. Figure 6.
70 California Department of Forestry and Fire Protection. Santa Clara County Fire Hazard Safety Zone Map – State Responsibility Area. November 2007.
71 California Department of Forestry and Fire Protection. 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 t
he project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The pr
oject 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 residential development on-site would include the 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. (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?
The sit
e was previously used for agriculture, therefore, soils on-site may contain levels of pesticides exceeding applicable screening thresholds. 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, it would allow for redevelopment of the site with a higher density residential Attachment 8
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 City regulations (including General Plan policies SN-1.1 and SN-1.5) to further investigate and remediate elevated contamination on-site, if present. Based on the investigation of the project site to date, future development under the project would implement the following measure, or equivalent, to comply with existing regulations:
• A Site Management Plan (SMP) for redevelopment activities on-site shall be prepared by the project applicant. The SMP shall include (1) methodologies for collecting and testing soil samples for contaminants associated with the former agricultural use (e.g., pesticides) and the potential presence of LBP in soil surrounding the structures, (2) management practices for handling, remediation, and disposal of impacted soil or other materials that may potentially be encountered during construction activities, and (3) protocols for accepting imported fill materials.
The soil 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. 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 state 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 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 and observations noted in the Phase I ESA, 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 Attachment 8
containing LBP, to reduce impacts from ACMs and LBP to a less than significant level. (Less than Significant Impact)
c) Would t
he 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 onl
y school within 0.25 miles of the project site is Brady Elementary School, which is located approximately 0.15-miles west of the project site at 675 Gail Avenue. While there is an existing school within one-quarter mile of the project site, compliance with existing hazardous materials regulations, including state and local regulations to properly screen, handle, transport, and dispose hazardous materials, would limit the risk of hazardous materials exposure to the school. For this reason, the proposed project would not result in significant hazardous materials impacts to schools within one-quarter mile of the project site. (Less than Significant Impact) 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 dis
cussed in Section 4.9.1.2, the project site is not listed on any regulatory databases for hazardous materials compiled pursuant to Government Code Section 65962.5. Based on this, the project would not create a significant hazard to the public or the environment as a result of being listed on a hazardous materials site. (No Impact)
e) If locat
ed 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? The pr
oposed zoning would allow residential development with a maximum building height of 30 feet on-site. While the project site is located within the FAA’s FAR Part 77 Notification Surface Area, the maximum building height allowed on-site as a result of this project would not exceed 306 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. As discussed in Section 4.9.1.2, the project site is located outside of the Airfield’s 65 dBA noise contour area. Therefore, future development under the project would not expose people residing or working in the project area to excessive noise. Based on this discussion, future development under the proposed project 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)
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f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The Cit
y 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 eight single-family residential units on-site, which could incrementally increase the demand on emergency responders during an emergency response situation compared to existing conditions. However, when an application for development is filed, Sunnyvale’s Department of Public Safety would review the site development plan to ensure fire protection design features are 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 t
he project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? The pr
oject 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 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.
72 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.
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 72 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 11, 2024. https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020_2022_integrated_rep ort.html.
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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.
73 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.
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 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 Valley Water’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.
73 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 Valley Water’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 gr
oundwater recharge through the provision of treated surface water and raw water, acquisition of supplemental water supplies, and water conservation and recycling.74 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. 74 Santa Clara Valley Water District. 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.
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-1.3 Operate and maintain the storm drainage system at a level to minimize damages and ensure public safety.
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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.
Chapt
er 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
Most of the site is impervious. Stormwater runoff from the project site enters the City’s main storm drain system untreated and eventually flows into the San Francisco Bay.
Groundwater
The City of Sunnyvale is located within the Santa Clara Valley Groundwater Basin.75 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.76
As dis
cussed in Section 4.7 Geology and Soils, groundwater is estimated to be located at a depth between 20 feet to 30 feet bgs on-site.77 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 18,000 square feet (or 60 percent) of impervious area. The remaining 11,980 square feet (or 40 percent) of the site consists of pervious area, which is comprised of landscaping and other permeable surfaces. The nearest drainage inlets 75 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 . 76 Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins .
November 2021.
77 Santa Clara Valley Water District. “Santa Clara County Depth to First Groundwater.” Accessed September 20, 2024. https://data-valleywater.opendata.arcgis.com/datasets/valleywater::santa-clara-county-depth-to-first- groundwater/explore?location=37.364061%2C-122.014687%2C18.98.
Attachment 8
to the project site are located on South Wolfe Road, and the storm drain main line adjacent to the project site in South Wolfe Road is 39 inches in diameter.78 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.79 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.80 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.81
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?
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;
78 City of Sunnyvale. “Utility Maps.” Accessed September 14, 2023. https://www.sunnyvale.ca.gov/city- services/online-services/maps-and-gis/utility-maps.
79 Federal Emergency Management Agency. “FEMA Flood Map Service Center.” Accessed September 19, 2024. https://msc.fema.gov/portal/search.
80 National Ocean Service. “What is a Seiche?” Accessed September 19, 2024. https://oceanservice.noaa.gov/facts/seiche.html.
81 Association of Bay Area Governments. “Tsunami & Additional Hazards.” Accessed September 19, 2024. https://abag.ca.gov/our-work/resilience/data-research/tsunami-additional-hazards.
Attachment 8
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
- 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
The proposed project would allow for the future development of up to eight single-family residential units on-site. 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 would be required to comply with General Plan Policies EM-8.3, EM-8.5, EM-8.6, and EM-10.1 by implementing stormwater control measures and best management practices to minimize runoff and soil erosion to reduce construction-related water quality impacts to a less than significant level.
Post-Construction
It is assumed future development of the project site under the project would result in the addition or replacement 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. Pursuant to these regulations, future development on-site would 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 General Plan Policies EM-10.1, EM-10.2, and EM-10.3, and Attachment 8
would improve existing conditions by treating stormwater runoff on-site. Based on this discussion, future development of the project site, in compliance with existing regulations (including the MRP, General Plan policies, 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. 82 The project would facilitate the
redevelopment of the site with up to eight single-family residences. Future development would not pump groundwater beneath the site for use, it would rely on existing sources of water and the City’s existing water delivery system. Future residential uses on the project site would incrementally increase in demand for water in the City; however, the increase would be nominal, and the project itself would not result in the overdraft of any groundwater basins. In addition, given the estimated maximum excavation depth of 11 feet for utility trenching and the estimated groundwater depth below the site (20 to 30 feet bgs), it is unlikely that future development of the site would require dewatering of subsurface groundwater during construction. 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)
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 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 MRP, which requires the implementation of standard stormwater control measures to reduce the pollutant loads of stormwater runoff. Future development would also be subject to SMC Chapter 12.60 (Stormwater Management), which includes regulations for compliance with NPDES permits, best management practices, project design, and water quality to reduce the potential for site runoff to result in significant erosion, 82 Santa Clara Valley Water District. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins .
November 2021.
Attachment 8
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 dis
cussed in Section 4.10.1.2 Existing Conditions, the project site is not located within a 100-year flood hazard area nor is it subject to tsunamis or seiches. In addition, the residential use allowed by the project would not use or store substantial quantities of hazardous materials on-site. For these reasons, 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)
e) Would t
he project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The Sa
n 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.
Valle
y Water prepared the GWMP for the Santa Clara and Llagas subbasins to ensure these groundwater basins within its jurisdiction are managed sustainably. Future development under the proposed project 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 the Santa Clara subbasin (which the project site is located in) has not been identified as a groundwater basin in a state of overdraft in the GWMP, future development would not interfere with groundwater recharge (refer to the discussion under checklist question b) for more detail), and future development would implement measures during construction and operation to reduce stormwater runoff. Therefore, the proposed project would not preclude the implementation of the GWMP.
For th
ese reasons, the project would not conflict with water quality control plans or sustainable groundwater management plans. (Less than Significant Impact) Attachment 8
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.83 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 of the SMC, 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.
83 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.
Attachment 8
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 Low Density Residential which is intended to preserve single-family neighborhoods and allows for the development of zero to seven dwelling units per acre (du/ac).84 The project site is zoned Low Density Residential (R-0), which is primarily reserved for the construction, use and occupancy of residences at a development density of no more than seven du/ac.85 Maps of the existing General Plan land use and zoning designations on-site and in the site vicinity are shown on Figure 2.7-1 and Figure 2.7-2, respectively.
The pr
oject site is currently developed with one single-family residence (with an ancillary building), and is surrounded by residential land uses, with a commercial shopping center approximately 400 feet north of the project site at the southwest corner of Old San Francisco Road and South Wolfe Road.
4.11.2 Impact Discussion
Poten
tially
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 t
he project physically divide an established community?
Examp
les 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 increase the allowed residential density on-site. There is existing residential development surrounding the project site. Future construction of residential development would not divide an established community, as this development would not obstruct access to surrounding land uses. Therefore, the project would not physically divide the existing community. (Less than Significant Impact)
84 City of Sunnyvale. General Plan - Chapter 3: Land Use and Transportation. June 2022. Pages 3-82 and 3-84. 85 City of Sunnyvale. Municipal Code. Chapter 19.18.020 – Residential Zoning Districts.
Attachment 8
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. The project is consistent with General Plan Policies LT-1.2 and LT-1.3 because it would facilitate future infill development that would minimize regional sprawl and provide housing units within the City. Future development under the project would meet the requirements of the proposed zoning and PD combining district overlay, including setbacks, building heights, and useable open space. For these reasons, the proposed 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)
Attachment 8
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 one single-family residence and associated improvements. According to the US Geologic Service (USGS), there are no critical mineral resources in Sunnyvale, including this project site.
86 4.12.2 Impact Discussion
Poten
tially
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?
86 United States Geological Survey. “Mineral Resources Online Spatial Data.” Accessed September 11, 2024. https://mrdata.usgs.gov/general/map-us.html.
Attachment 8
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?
As sta
ted in Section 4.12.1.2 Existing Conditions, there are no known mineral resources on-site, nor in the immediate vicinity of the project area. The proposed project and future development made possible by the project, therefore, would not result in the loss of availability of a known mineral resource. (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 pr
oject 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) Attachment 8
Noise
The following discussion is based, in part, on an Environmental Noise Assessment prepared by Salter, Inc. dated May 24, 2024. This report is attached as Appendix E to this Initial Study.
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 e
xcessive 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 L
eq, Ldn, or CNEL.87 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. Generally, vibration levels of 0.25 in/sec PPV have the potential to cause damage to historic buildings, vibration levels of 0.30 in/sec PPV have the potential to cause damage to older residential 87 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 L dn are typically within two dBA of the peak-hour Leq.
Attachment 8
buildings with plastered walls or ceilings, and vibration levels of 0.50 in/sec PPV have the potential to cause damage to newer residential buildings.88
Regulatory Framework
State
California Building Standards Code
The CBSC 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.
Regional and Local
Comprehensive Land Use Plan for Moffett Federal Airfield The project site is located 3.1 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. 89 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. 88 California Department of Transportation. Transportation and Construction Vibration Guidance Manual. April 2020.
89 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield – Comprehensive Land Use Plan.
Amended November 2016.
Attachment 8
Sunny
vale Municipal Code
SMC Section 19.42.030 includes operational noise standards enforced on residential zoned property lines. The applicable standards are listed below.
(a) Reside
ntial 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.
(c) Spec
ial 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.
Policy Description
Safety and Noise Element
SN-8.1 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.
Attachment 8
(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 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 R efuse 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 project site is currently dominated by the vehicular traffic from South Wolfe Road, as well as Old San Francisco Road/Reed Avenue to the north. Flights to and from the Airfield also occasionally pass overhead. The average ambient noise at the site ranges from 58 to 74 dBA Ldn. A summary of the long-term noise levels measured on-site is included in Table 4.13-1 below. The noise measurement locations are shown on Figure 4.13-1 below.
Table 4.
13-1: Summary of Long-Term Noise Measurement Data (dBA) Noise Measurement Location Average Noise Level (Ldn)
Long-Term Measurement 1 (LT-1) Front yard of existing residence 74 Long-Term Measurement 2 (LT-2) Rear yard of existing residence 58 Source: Salter, Inc. 781 South Wolfe Road Draft Environmental Noise Assessment. May 24, 2024.
Attachment 8
Gladiola Drive
Daffodil Court
Lusterleaf Drive
South Wolfe Road
Gladiola Drive
Daffodil Court
Lusterleaf Drive
South Wolfe Road
LT-2LT-2
LT-1LT-1
0 15 60 90 150 Feet
Aerial Source: Google Earth Pro, Sep. 9, 2024. Photo Date: Aug. 2023 Long-Term Noise Measurement Loca Ɵon
Project Boundary
NOISE MEASUREMENT LOCATIONS FIGURE 4.13-1
N
L
108
781 South Wolfe Road GPA & Rezoning City of Sunnyvale
Initial Study/Negative
Declaration
April
June
2025
Attachment 8
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?
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 d
oes not define what noise level increase would be considered substantial. The significance criteria used in the below impact discussions are based on City practice, standards identified by the FTA, and standards in the CBC, CALGreen, General Plan, and SMC . a) Would t
he 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
The project would allow for the future construction of up to eight single-family residences on-site.
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. Sensitive receptors in proximity to the project site include the residential uses to the west, south and east of the project site.
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. It is anticipated that construction noise from future development on the project site would temporarily increase ambient noise levels at nearby sensitive receptors.
Chapt
er 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 Attachment 8
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.
90 Project c
onstruction is estimated to take approximately 14 months. To reduce potential significant construction noise impacts, future development would be required to comply with the SMC limits on allowable construction hours and implement best management practices to attenuate construction noise, such as the following:
• Futur
e development 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:
- Equip
ment 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 shall 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.
90 City of Sunnyvale. 2022 Land Use and Transportation Element Draft Environmental Impact Report. June 2022.
Attachment 8
- 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 shall 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.
Futur
e development under the project would conform with the SMC limits on allowable construction hours and implement best management practices to attenuate construction noise such as the ones listed above which include 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) Operational Noise
A significant noise impact would occur if future development under the project would generate a substantial temporary or permanent noise level increase over ambient noise levels that would exceed applicable noise standards at existing noise-sensitive receptors surrounding the project site.
Future development of the site under the project would increase the number of residences on-site compared to existing conditions; however, it would not substantially increase permanent ambient noise levels in the project area because the proposed use and development density would be similar to the immediately surrounding area. A significant permanent noise level increase would occur if traffic generated by future development on-site 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 L
dn 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. Project-generated traffic would be the main contributor to existing noise levels. It is estimated that eight single-family residences would generate approximately 80 daily trips (six AM peak-hour trips and eight PM peak-hour trips).91 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 Wolfe Road
92 and, therefore, would not be expected to
generate a perceptible increase in traffic noise.93 In addition, based on the number of existing residences along Gladiola Drive, Hydrangea Court, and Lusterleaf Drive that generate vehicle trips 91 Project trips were estimated using the Institute of Transportation Engineers (ITE) trip generation rates of 10 daily trips per dwelling unit, 0.7 AM peak-hour trips per dwelling unit, and 0.94 PM peak-hour trips per dwelling unit (Single-Family Detached Housing Land Use 210). Source: Institute of Transportation Engineers.
ITE Trip Generation Manual, 11th Edition. 2021.
92 City of Sunnyvale. Land Use and Transportation Element Draft Environmental Impact Report. SCH No. 2012032003. August 2016. Figure 3.4-2B.
93 Generally, traffic volumes need to double to result in a perceptible (three dB) noise increase.
Attachment 8
on Lusterleaf Drive, the addition of eight single-family residences and their associated vehicle trips would not double the roadway volumes on Lusterleaf Drive. Therefore, these additional vehicle trips would not be expected to generate a perceptible increase in traffic noise on Lusterleaf Drive.
As discu
ssed 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 daytime and nighttime 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 the project may include mechanical equipment at each residence (e.g., HVAC equipment) and would comply with all regulations in Chapter 19.42 of the SMC regarding operational noise.
Based
on the above discussions, 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?
Const
ruction 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. A significant impact would occur if construction of future development on-site would generate excessive vibration levels for surrounding receptors. In accordance with City practice, groundborne vibration levels exceeding 0.25 in/sec PPV would have the potential to result in cosmetic damage to older buildings.
Futur
e development of the project site would require subsequent environmental review, and as discussed under checklist question a) above, future development would be required to comply with the SMC limits on allowable construction hours and implement best management practices to attenuate construction noise and vibration. These best management practices would include preparation of a Noise Control Plan to detail measures that would 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 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:
• Prohib
iting 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.
Attachment 8
• 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 add
ition, 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 pr
oject 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 ne
arest airport to the project site is the Airfield, which is approximately 3.1 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 the Airfield.
94 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 (including General Plan Policy SN-8.1) 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. Based on measurements taken on-site, the project area has existing noise levels of approximately 58 to 74 dBA Ldn. Therefore, the project site would be conditionally acceptable for future residential development. Future residential development on-site would be required to provide a detailed analysis of the noise reduction requirements and needed noise insulation features that would be included in the project design to demonstrate interior noise standards are met. These design features would be reviewed by the City prior to issuance of a building permit.
94 Santa Clara County Airport Land Use Commission. Moffett Federal Airfield Comprehensive Land Use Plan.
December 2018.
Attachment 8
Population and Housi ng
4.14.1 Environmental Setting
Regulatory Framework
State
Housing-Element Law
State requirements mandating that housing be included as an element of each jurisdiction’s general plan is known as housing-element law. The Regional Housing Need Allocation (RHNA) is the state- mandated process to identify the total number of housing units (by affordability level) that each jurisdiction must accommodate in its housing element. California housing-element law requires cities to: 1) zone adequate lands to accommodate its RHNA; 2) produce an inventory of sites that can accommodate its share of the RHNA; 3) identify governmental and non-governmental constraints to residential development; 4) develop strategies and a work plan to mitigate or eliminate those constraints; and 5) adopt a housing element and update it on a regular basis. 95 The
City of Sunnyvale Housing Element and related land use policies were last updated in December 2023.96
Regional and Local
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 densities within identified PDAs. PDAs are areas generally near existing job centers or frequent transit that are locally identified for housing and job growth. 97 ABAG a
llocates regional housing needs to each city and county within the San Francisco Bay Area, based on statewide goals. These allocations are designed to lay the foundation for Plan Bay Area 2050’s long-term envisioned growth pattern for the region. ABAG also develops a series of forecasts and models to project the growth of population, housing units, and jobs in the Bay Area. ABAG, MTC, and local jurisdiction planning staff created the Forecasting and Modeling Report, which is a 95 California Department of Housing and Community Development. “Regional Housing Needs Allocation and Housing Elements.” Accessed September 11, 2024. http://hcd.ca.gov/community-development/housing- element/index.shtml.
96 City of Sunnyvale. 2023-2031 Housing Element. December 12, 2023. https://www.sunnyvale.ca.gov/home/showpublisheddocument/4964/638380668142030000. 97 Association of Bay Area Governments and Metropolitan Transportation Commission. Plan Bay Area 2050.
October 21, 2021. Page 20.
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technical overview of the growth forecasts and land use models upon which Plan Bay Area 2050 is based.
City of Sunnyvale General Plan
The 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 population and housing resources and are applicable to the proposed project.
Existing Conditions
As of January 2024, the City of Sunnyvale has approximately 63,608 housing units and an approximate population of 157,566, with an average of 2.58 persons per household.98 The City projects an overall population of 174,500 residents by the year 2035.99 The project site is developed with one (currently unoccupied) single-family residence and associated improvements.
General Plan buildout (year 2040) is estimated to result in a total of 84,170 households citywide and a population of 222,210 residents.
100, 101
98 California Department of Finance. “Report E-5: Population and Housing Estimates for Cities, Counties, and the State, January 1, 2021-2024.” Accessed September 12, 2024. https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fdof.ca.gov%2Fwp - content%2Fuploads%2Fsites%2F352%2FForecasting%2FDemographics%2FDocuments%2FE -5- 2024_Geo_InternetVersion.xlsx&wdOrigin=BROWSELINK.
99 City of Sunnyvale. 2017 Land Use and Transportation Element Draft Environmental Impact Report . Updated June 2022. Page 3.2-5. SCH# 2012032003.
100 City of Sunnyvale. Moffett Park Specific Plan Draft Environmental Impact Report. December 2022. Page 259.
SCH# 2021080338.
101 City of Sunnyvale. Initial Study/Proposed Negative Declaration 2023 – 2031 Housing Element Update (SCH# 2023100530). October 2023
Policy Description
Land Use and Transportation Element
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.
Housing Element
HE-4.1 Provide site opportunities for development of housing that responds to diverse community needs i
n terms of density, tenure type, location, and cost.
HE-4.3 Require new development to build to at least 75 percent of the maximum zoning density, unless
an exception is granted by the City Council.
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4.14.2 Impact Discussion
Potentially
Significant
Impact
Less than
Significant with
Mitigation
Incorporated
Less than
Significant
Impact
No Impact
Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Assuming future development of the project site would construct approximately eight single-family residential units, future development would generate approximately 21 new residents. 102 This
represents a 0.01 percent increase in the number of units anticipated by the City in 2040, and 0.01 percent of the increase in population anticipated through 2040. This increase in population is not substantial, given the overall population growth projected within Sunnyvale. Future development of the project site with approximately eight single-family housing units would not result in an expansion of urban services or the pressure to expand beyond the City’s existing Sphere of Influence. For these reasons, the project would not induce substantial unplanned population growth. (Less than Significant Impact)
b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
As discussed in Section 4.14.1.2 Existing Conditions, there is one existing single-family residence on- site, which is currently unoccupied. In addition, future implementation of the project would result in a net increase in seven residences on-site compared to existing conditions. Therefore, future redevelopment of the site would not displace any existing residents or substantial numbers of existing housing, necessitate the construction of replacement housing. (No Impact)
102 Based on an average of 2.58 persons per household. 2.58 x 8 = 21 residents Attachment 8
Public Services
4.15.1 Environmental Setting
Regulatory Framework
State
Government Code Section 66477
The Quimby Act (included within Government Code Section 66477) requires local governments to set aside parkland and open space for recreational purposes. It provides provisions for the dedication of parkland and/or payment of fees in lieu of parkland dedication to help mitigate the impacts from new residential developments. The Quimby Act authorizes local governments to establish ordinances requiring developers of new residential subdivisions to dedicate parks, pay a fee in lieu of parkland dedication, or perform a combination of the two.
Government Code Section 65995 through 65998
California Government Code Section 65996 specifies that an acceptable method of offsetting a project’s effect on the adequacy of school facilities is the payment of a school impact fee prior to the issuance of a building permit. Government Code Sections 65995 through 65998 set forth provisions for the payment of school impact fees by new development by “mitigating impacts on school facilities that occur (as a result of the planning, use, or development of real property” (Section 65996[a]). The legislation states that the payment of school impact fees “are hereby deemed to provide full and complete school facilities mitigation” under CEQA (Section 65996[b]).
Developers are required to pay a school impact fee to the school district to offset the increased demands on school facilities caused by the proposed residential development project. The school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code.
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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 public services and are applicable to the proposed project.
Sunny
vale Municipal Code
SMC Chapter 16.52 is the City’s Fire Code and, adopted by reference, the 2018 International Fire Code (IFC) in its entirety as published by the International Code Council and the California Fire Code under Ordinance 3018
-13 are
included in the City’s Fire Code. The Fire Code regulates, among other things, issuance of permits where operations or business or the installation or modification of any systems regulated under the Fire Code are planned (Section 16.52.105), application and collection of applicable fire permit fees (Section 16.52.106), and installation of residential and commercial automatic sprinkler systems (Section 16.52.903).
SMC Cha
pter 18.10 (Parks and Open Space Dedication) defines the park in-lieu fees or land dedication required as a condition of approval of any final subdivision map or parcel map. In accordance with the open space and recreation sub element of the General Plan, five acres of land for public park and recreational facilities shall be devoted per each one thousand persons in a neighborhood planning area. As detailed in Chapter 18.10, as a condition of approval for any final subdivision map or parcel map, the subdivider shall dedicate land, pay an in-lieu fee thereof, or both, at the option of the city, for park or recreational purposes.
Existing Conditions
Fire and Police Protection Services
Fire and police protection services are provided to the project site by the Sunnyvale Department of Public Safety (DPS). The DPS is staffed by Public Safety Officers who are cross-trained as police Policy Description
Land Use and Transportation Element
LT-14.8 Ensure that development projects provide appropriate improvements or resources to meet the future infrastructure and facility needs of the City, and provide development incentives that result in community benefits and enhance the quality of life for residents and workers.
Community Character Element
CC-7.2 Maintain a full-service Library adequate to meet community needs.
Safety and Noise Element
SN-3.1 Provide rapid and timely response to all emergencies.
SN-5.1 Assure that equipment and facilities are provided and maintained to meet reasonable standards of safety, dependability, and compatibility with fire service operations.
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officers, firefighters, and emergency medical technicians.103 The DPS is divided into nine separate programs: Police Services, Fire Services, Community Safety Services, Personnel and Training Services, Investigation Services, Communication Services, Public Safety Administration Services, Records Management and Property Services, and Fire Prevention and Hazardous Materials Services.
The Fire Services program is responsible for responding to fire calls and providing emergency medical services. The Fire Services program provides fire prevention compliance inspections, fire code enforcement, and hazardous materials regulation. The Police Services program is responsible for providing law enforcement and SWAT services to the community.104
The City of Sunnyvale participates in a mutual aid program with neighboring cities, including the cities of Mountain View, Santa Clara, and San José. Through this program, should Sunnyvale need additional assistance, one or more of the mutual aid cities would provide assistance in whatever capacity was needed.
The Fire Services program operates a total of six fire stations that serve the City of Sunnyvale. The nearest fire station to the project site is Sunnyvale Fire Station #4 at 996 South Mathilda Avenue, which is approximately 0.5-mile south of the project site. DPS has an established response time goal of seven minutes and 59 seconds for the Fire Services program when responding to emergency medical services events and outdoor fires. In fiscal year 2023/24, 90 percent of emergency events were responded to within the established goal.
105 The Police Services program is based out of the
Sunnyvale DPS complex at 700 All America Way, which is approximately 1.4 miles northwest of the project site. DPS does not have established response time goals or service ratio for the Police Services program; however, they do track average response times throughout each fiscal year. In fiscal year 2023/24, the average response time was four minutes and thirty-five seconds. 106
Schools
The project site is within the boundaries of the Santa Clara Unified School District (SCUSD). SCUSD is comprised of 18 elementary schools, four middle schools, one K-8 school, and five high schools.
Students on-site would attend Braly Elementary School at 675 Gail Avenue approximately 0.2-mile west of the site, Peterson Middle School at 1380 Rosalia Avenue approximately 1.1-miles southeast of the site, and Wilcox High School at 3250 Monroe Street approximately 1.6-miles northeast of the site.
107
Table 4.15-1 shows the existing school capacities and recent enrollment data at Braly Elementary School, Peterson Middle School, and Wilcox High School. As shown in the table, there is available 103 City of Sunnyvale. “Public Safety.” Accessed September 11, 2024. https://www.sunnyvale.ca.gov/your- government/departments/public-safety.
104 City of Sunnyvale. “DPS Organizational Chart.” Accessed September 11, 2024. Available at https://www.sunnyvale.ca.gov/home/showpublisheddocument/3052/638100604224870000. 105 Fanucchi, Ava. Public Safety Department Deputy Chief, City of Sunnyvale. Personal Communication. September 25, 2024.
106 Ibid.
107 Santa Clara Unified School District. “MySchool Locator.” Accessed September 13, 2024. https://locator.pea.powerschool.com/?StudyID=217157.
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