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.01 Z-2009-01 James Fowler (Apple Inc) COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 (408) 777-3308. FAX (408) 777-3333 CUPERTINO SUMMARY Agenda Item No. _ Application: Z-2009-01 Applicant(s): James Fowler on behalf of Apple, Inc. Property Location: 19310 & 19320 Pruneridge Avenue Agenda Date: April 28, 2009 Application Summary: REZONING of 7.78 acres from Planned Residential, P{Res), to Planned Industrial and Residential, P{MP, Res). RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council: 1. Approve the Mitigated Negative Declaration; and 2. Approve the Rezoning, Z-2009-01, in accordance with the model resolution. Project Data: General Plan Designation: Specific Plan Area: Existing Zoning Designation: Proposed Zoning Designation: Acreage (Gross) for rezoning: Existing Land Use: Total Existing Building SF: Project Consistency with: General Plan: North Vallco Master Plan Environmental Assessment: Industrial/Residential North Valleo Park Special Center P{Res) P{MP, Res) 7.78 acres Office /Industrial 126,528 (two buildings) Yes Yes Mitigated Negative Declaration BACKGROUND: The project site consists of two properties that are currently developed with two office buildings, including a three-story office building facing Prune ridge Avenue and a two- story office building to the south. Both buildings are vacant at this time. The site is located on the south side of Prune ridge Avenue, east of Wolfe Road, surrounded by the HP campus to the north across Prune ridge Avenue, the 4-story Hamptons Apartments compl~x to the west, office and industrial buildings to the east, and Interstate 280 to the south (See Figure 1). 1-1 Z-2009-01 19310 & 19320 Pruneridge Apple Rezoning April 28, 2009 Page 2 Figure 1 On November 15, 2005, the City CouncIl approvea a rezoning of the project site from Planned Industrial, P(MP), to Planned Residential, P(Res), and Public Park/Recreation, PR, U1 conjunction with the approval of a development application by Morley Bros. for a 130-unit townhome/condominium development. The rezoning allowed for a 7.78 acre portion of the project site to be zoned P(Res) for the residential, and the remaining approximately one acre area to be zoned PR for dedication and construction of a public park (see Figure 2). Due to the acquis~tion of the project site by Apple, Inc. U1 2006, . the residential project was never subdivided or developed. DISCUSSION: Rezoning Application . . The applicant, James Fowler on behalf of Apple, Inc., is requestu1g approval to rezone the project site from Planned Residential P(Res) to Planned Industrial and'Residential P(MP, Res). Essentially, this would add the PI~ed Industrial P(MP) zone back onto the 7.78 acre project site, while retau1ing the existing planned residential zoning (see Figure 3). The approximately one acre portion of the properties on the northeast corner of the site that was zoned for public park is not a part of this application and will retain its PR zone. Apple has not indicated any development plans for this site at this time. 1-2 ......~ Figure 2 ------- Figure 3 Z-2009-01 19310 & 19320 Pruneridge Apple Rezoning April 28, 2009 Page 3 Apple indicates that the rezoning would allow either industrial office or residential uses as prescribed by the General Plan (See Exhibit B). Additionally, it would allow the current office development on site to be consistent with the General Plan and zoning. Conformance with the General Plan and North Vallco Master Plan The proposed rezoning is consistent with the General Plan land use designation (Industrial/Residential) and with the North Valleo Master Plan. In accordance with the General Plan for the North Valleo Special Center area, the residential uses may develop up to 25 units per gross acre. Environmental Review Committee On April 16, 2009, the Environmental Review Committee (ERC) reviewed the project and recommended that the City Council grant the Mitigated Negative Declaration (See Exhibit C). The Mitigated Negative Declaration includes mitigation measures related to air quality, storm water flows, conservation measures, noise, recycling and energy that will be required of any future development projects on this site. Housing Element/ Office Allocation At the April 14, 2009 Planning Commission meeting, the Commission discussed proposed General Plan amendments to update the City's Housing Element and to increase office allocations in the City. The Commission also discussed the potential of increasing the allowable residential intensity in the North Valleo area from 25 units per gross acre to 35 units per gross acre. At the conclusion of the meeting, the Commission voted to recommend that the City Council amend the General Plan to increase office allocations only for use by major corporate campuses. However, further discussion on the Housing Element and the discussion on residential intensity in the North Valleo area was continued to the meeting of April 28, 2009. ENCLOSURES Model Resolution Exhibit A: Zoning Plat Map Exhibit B: Rezoning Request by Apple Exhibit C: Mitigated Negative Declaration Prepared by: Aki Honda Snelling, Senior Planner ALIL- Approved by: Aarti Shrivastava, Community Development Director ~ G:\P lanning\P DREPO RTYJCZreports'Z_2009 _01. doc 1-3 Z- 2009-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF 7.78 ACRES FROM P(Res), PLANNED RESIDENTIAL, TO P(MP, Res), PLANNED INDUSTRIAL AND RESIDENTIAL SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2009-01 Apple, Inc. (James Fowler) 19310 & 19320 Pruneridge Avenue SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described in this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezonmg meets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed-rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. 1-4 Model Resolution Page 2 Z-2009-01 April2B/2009 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2009-01 is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application Z-2009-01, as set forth in the Minutes of the Planning Commission Meeting of April 28, 2009, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit A: Zoning Plot Map and Legal Description, except as may be amended by the Conditions contained in this Resolution. PASSED AND ADOPTED this 28th day of April 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Aarti Shrivastava Director of Community Development Lisa Giefer, Chair Cupertino Planning Commission G: \Planning\PDREPORT\RES\2008\Z-2009-0l res.doc 1-5 :::E Q. ~ I"l ,;; m o ~ N ~ - \ -------- \ ~- --^v- ~~ \~ \~ \l; \ ...... I en ~ ~ 'I 10 30 :JO ,,-- -- o 20 40 100 GRAPHIC SCALE ,- = 150' ---- D=6'59 '54 " R=600.00 L=76.29 ~ ----' ~ - ~ ~~E~~ ~ ----r-;:.--~"9~'20..E:l" A~NlIE t? 1 ~ JOS50--~J~.Jl9TAL ~ ]51.82 --I ~I I ~I I 'l~: I 1;::)/ 01 ~ ~I ~: gl ~ EX ZONE PR I ~I ~I 1 "~1 ,~ I";) 1 ;O,JI ~I 7 549'06'20"E 49.00 1 N40'53'40"E 27. 17 N49'06'20''W 36.00~ -:&. 1 ~ N40'53'40"E 65.00-----L <& -1S ---- Q. N49'O -- -...J . 6'20=w1 ~ ~ 757.25 1 ~~ 1 8~ I try "Q: 'co ~~ 'C\j ~~ I;; n..-...J 14J .....~ ,:: ~~ I~ ~~ ~ ~~ 1!'J ~f# I ~ P.M. 329-M-49 ~ ~ , PCL. 3, 4, 5 & 6 , ~ ,r-r-l 8/ L549'06'20"E 46.01 ~~I , , 0, 51 01 ~, 2: L "-''':>0' ~, O<9~ D=32'35 '44 " ',Os~. R=300.01 CJA. " Jf/ L= 170.68 -,.~ ',<'52'~ , ,~<9< 0~~ 1b ...... ~ :B l{)1:::> "'Il-<:::) " ~"'Il- H~ ~~ I.r) ~'" . C) ~s::> <: ~. <: u ~ V) f5 S~ Q..!:4: ~I:i: ,.. <:::) D=43.14 '25" 'oJ R=41.00 L=30.94 I ~ N59'S9'32"W 192.00': <: --------K : ~ T.P.D.B. 18 PR :~ I~ IQ:: I I::J I~ 10 F::' I()') i~ ()')IO 001"- ~,~ 1'1(0 IN 0) ~ I ~t'--. I 0)' -..J ~~ ~ Q P.M. 329-M-49 PCL. 2 e ..,J o ~ {5 ~ u ~ ~~ 0, ~ !:4: ~ g~ ~ ~ ~ l~ ~ & ~ f( ~ ~ I):: ...- ~ ~ JUN/PCRO ~~P.O.B. FREEWAY (1-280) REZONE 1. 78 ACRES FROM: P(RES) TO: P(MP,RES) N52'40'11 "W 98.37 200 .' j!:1- -:5 ~Q. m ~~ Q.d 0: "Q. ~~ o~ ~~ EXHIBIT A ZONING PLA T MAP PRUNER/DGE A VE. AT R/DGEV/EW CT. CUPERTINO, CA DATE: 1-22-09 SCALE: 1" = 150' DRAWN BY: ,M'jE) CHECKED BY: ,~5:5 JOB NO.: 1699 PL 1 ~ (l(}- 2'~ ~. A CALIFORNIA CORPORATION CONSUL TlNG CIVIL ENGINEERS 255 W. . JULIAN ST. #200, SAN JOSE, CA. PH. (408) 295-9162 ~ -. cr -. ... ~ ZONING PLAT DESCRIPTION PRUNERIDEGE AVENUE AT RIDGEVIEW COURT CUPERTINO, CALIFORNIA Areato be rezoned from peRes) to PCMP, Res) Beginning at the most southerly corner of Parcel 6 as shown on that certain Parcel Map recorded in book 329 of Maps at Page 49, Santa Clara County 'Records, said point being on the northeasterly right-of-way line of the Junipero Serra Freeway (1280); thence along said northeasterly right-of-way line North 52040'11" West 98.37 feet to the beginning of a non-tangent curve; thence on a curve to the right, the radial point of which bears North 37031'27" West through a central angel of 32035'44" having a radius of 300.01 feet, an'arc distance of 170.68 feet; thence North 20008'05" West 247.82 feet; thence North 40053'40" East 203.00 feet; thence South 49006'20" East 46.01 feet; thence North 40053'40" East ,312.83 feet; thence North 49006'20" West 151.25 feet; thence North 40053'40" East 65.00 feet; thence North 4,0006'20" West 36.00 feet; thence North 40053'40" East 261.00feet to a point on the centerline of Pruneridge Avenue, 92 feet wide; thence along said centerline of Pruneridge Avenue South 49006'20" East 303.50 feet; thence South 40053'40" West 235.83 feet; thence North 40006'20" West 49.00 feet; thence South 40053'40" West 27.17 feet to the beginning of a tangent curve; thence on a curve to the right through a central angel of 43014'25" having a radius of 41.00 feet, an arc distance of 30.94 feet; thence South 59059'32" East 45.55 feet; thence South 30000'28" West 47.00 feet; thence south 59059'32" East 192,00 feet; thence South 39051'28" West 713.89 feet to the point of beginning. Containing an area of 7.78:1: acres, more or less. 1-7 Exhibit B Apple is requesting a conforming rezoning of the site from PeRes) to P(MP, Res). The property was rezoned from P(MP) to PeRes) in connection with t~e approval of a housing project that has since b~en abandoned. This conforming rezoning is consistent with the current . Industrial/Residential General Plan Land Use Designation, will permit either the industrial or re~ideptial uses envisioned by t~e General'~lan Land Use Designation and ensures that the current industrial use of the site is not inappropriately classified ~s a lega.l non-l;onforming use. A zoning plat map is attached as Exhibit A and a legal description is attached as Exhibit B. Appl~ Inc. is. not at this. time requesting' a rezoning of the property shown on Exhibit A .as PRo 1-8 Exhibit C II City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department CUPERTINO $ta-ff Us~ Only EA File No.EA-2000-01 Case File No.Z-2009-01 PROJECT DESCRIPTION: Project Title: Rezonina of 7.78 acres from Planned Residential (P(Res)) to Planned Industrial and Residential (P(MP. Res)). Project Location: 19310-19320 Pruneridae Avenue. on the south side of Pruneridae Avenue. east of Wolfe Road. Project Despription: Rezonina to add Planned Industrial P(MP) to the existina Planned Residential peRes) zonina desianation on the properties. The remainina portions of the subiect properties that are zoned PRo Public Park/Recreation. will retain this zonina desionation and are not affected bv the rezonina application. No development proiect is proposed at this time. Environmental Setting: Existina industrial park containina two office buildina bounded bv Pruneridae Avenue. the HP Campus to the north. Interstate 280 to the south. a 342-unit apartment complex (Hamptons) to the west and office/industrial buildinas to the east. PROJECT PESCRIPTION: Site Area (ac.) - 7.78 Building Coverage - N/A Exist. Building -126.528 s.f. Proposed Bldg. - N/A s.f. Zone - peRes) G.P. Designation - Industrial/Residential Assessor's Parcel No. - 316-06-050 and 316-06-051 If Residential, Units/Gross Acre . N/A Applicable Special Area Plans: (Check) X North Vallco Park Special Center o Monta Vista Design Guidelines o S. De Anza Conceptual o N. De Anza Conceptual D D . S. Sara-Sunny Conceptual o Stevens Crk Blvd. Conceptual Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - N/A s.f. FAR. N/A Max. Employees/Shift - N/A Parking Required N/A Parking Provided N/A Project Site is Within Cupertino Urban Service Area - YES ffi] NO 0 1-9 .~~~~!~:~il~~;t}':~;',":f;'i'\"L.;'.';~~iii;iOJ:':[~J?:Z.Y~:)?l, A. CUPERTINO GENERAL. PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. Appendix A- Hillside Development 7. Land Use Map 8. Noise Element Amendment 9. City Ridgeline Policy 10. Constrai!1t Maps 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29. Fremont Union High School District 30. Cupertino Union School District 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Sheriff 34. CAL TRANS 35. County Transportation Agency 36. Santa Clara Valley Water District 36b Santa Clara Valley Urban Runoff Pollution Prevention Program 36c San Jose Water Company B. CUPERTINO SOURCE DOCUMENTS 11. Tree PreselVation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) 14. GeologIcal Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance 18b Qity of Cupertino Urban ,Runoff Pollution Prevention Plan E. OUTSIDE AGENCY DOCUMENTS 37. BAAQMD SUlVey of ContamInant Excesses 38. FEMA Flood Maps/SCVWD Flood Maps 39. USDA, "Soils of Santa Clara County" 40. County Hazardous Waste Management Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site 43. CalEPA Hazardous Waste and Substances Site 43b National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater , Discharge Permit Issued to the City of Cupertino by the San Francisco Bay Regional Water Quality Control Board 43c Hydromodification Plan C. CITY AGENCIES Site 19. Community Development Dept. List 20. Public Works Dept. ' 21. Parks & Recreation Department 22. Cupertino Water Utility D. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Plannil:l9 Departments 25. CountY Departmental of Environmental Health D. OUTSIDE AGENCIES (Continued) 26. Midpeninsula Regional Open Space District F. OTHER SOURCES 44. Project Plan SeVAppHcation Materials 45. Field ReconnaIssance 46. Experience w/project of similar scope/characteristics 47. ABAG Projection Series A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist information in Categories A through O. C. You are encouraged to cite other relevant sources; jf such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation jf needed. E. When explaining 'any yes response, label your answer clearly (Example "N - 3 Historical") Please t~ to respond concisely, and plac~ as many explanatory responses as possible on each Daoe. F. Upon completing the checklist, sign and date the Preparer's Affidavit. G. Please attach the following materials before submItting the Initial Study to the City. .......Project Plan Set of Legislative Document .......Location map with site clearly marked (when applicable) 1-10 BE SURE YOUR INITIAL STUDY SUBMITTAL IS COMPLETE - INCOMPLETE MATERIALS MAY CAUSE PROCESSING DELAYS EVALUATION OF ENVIRONMENTAL IMPACTS: The project involves the rezoning of a 7.78 acre portion of the subject properties from P(Res), Planned Residential, to P(MP, Res), Planned Industrial and Residential. Essentially, the application involves adding the P(MP) zoning designation back onto the properties, and retaining the existing P(Res)) Planned Residential, zoning designation. These properties were zoned P(MP) at the time of the 2005 General Plan update, prior to the rezoning of these properties to P(Res). The remaining portions of the properties that are zoned PR, Public Park/Recreation, will retain this zoning designation and are not affected by the rezoning application. The rezoning to P(MP, Res) is consistent with the 2005 General Plan and its policies, since the General Plan land use designation for this portion of the properties is IndustrlaVResidential. Therefore, both industrial and residential uses were studied as part of the EIR for the 2005 General Plan update for this area. The project is also consistent with the General Plan policies for the North Vallco Park Special Center and the North Vallco Master Plan. Additionally, the rezoning application does not allow for land uses that would exceed the office and residential allocations studied in the EIR for the 2005 General Plan update. No development application is proposed at this time; however, a separate environmental assessment will be required at the time a development application is submitted to the City for these properties. >>""'" 0 c'" c 1: c .- _c eaea o1iS c -ea""'" eaea'" t) .~ u u .c u.c'- 1.0 .cuu ISSUES: ....- & 1-tj:...1iSo I- .- ea o ea c:t::: en .-'- en c. en :t::: c.. zc. [and Supporting Information Sources] (1) c E en c ;:.- 1.0 en c E .5 ci.~ - (1) en .:t::: 0 (1) .~- ....I .-. a: U a.rn en .5 ....I en I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a 0 0 0 ffil scenic vista? [5,9,24,41,44] b) Substantially damage scenic resources, 0 0 0 ffil including, but not Iiniited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantial.ly degrade the existing visual 0 0 0 ffil character or quality of the site and it~ surroundings? [1,17,19,44] d) Create a new source of substantial light or 0 0 0 ffil glare, which would adversely affect day or nighttime views in the area? [1 J 16,44] Items a throuQh d - No Impact There are no scenic vistas or scenic resources on the project site; therefore, the project will have no adverse effects on scenic vistas or scenic resources. The project involves only a rezoning application; therefore, the project will not degrade the existing visual character or quality of the site and its surroundings, or create a new source of light or glare. No development is proposed at this time. 1-11 Any subsequent development project will require design review to reduce visual impacts on >>- 0 cE -c c E c~ -ca- caca oca caca.... '0 .! u u .c u..c'- I.. .cUO ISSUES: -= ~ 1-=_1iio I- .- ca o ca c._ rn .-'- D) a. rn :!:: c. zc. [and Supporting Information Sources] (1)cE rn c :S:.- I.. rn C E oS c),2'- CI) en .~ 8 CI) .2'- c.cn ..J .- :is ..Jcn rn .5 II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the . project: a) Convert Prime Farmland, Unique 0 0 0 [R] 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? [5,7,39] b) Conflict with existing zoning for 0 0 0 [R] agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing 0 0 0 [R] environment which, due to their location or nature, CQuld result in conversion of Farmland, to non-agricultural use? [5,7,39] Items a throuah c -- No Impact The project site is currently developed with two office buildings; therefore, the project will not impact agricultural land or resources. Additionally, the project involves only a rezoning application. No development is proposed at this time. III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: . a) Conflict with or obstruct implementation of 0 0 0 IRI the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or 0 0 0 [R] contribute substantially to an existing or projected air quality violation? [5,37,42,44] 1 ~12 c) 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 (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial pollutant concentrations? [4,37,44] e) Create objectionable odors affecting aDD 0 [8] substantial number of people? [4,37,44] Items a throuah e - No Impact The rezoning to P(MP, Res) is consistent with the Industrial/Residential land use designation of the site per the 2005 General Plan EIR. The 2005 General Plan EIR indicated that there are no significant sources of toxic air pollutants in the Cupertino area and that there would be no adverse air quality impacts from surrounding traffic or other sources. ISSUES: [and Supporting Information Sources] >>+-' 0 c'" c 1: c .- -c asas ota c -as1j as as'" t) .~ u .c u .c'- Lo .cuu ...- ~ I-q:...tao I- .- as o as c:t: (1)'-'- enD.. II) :t: 0. zo. Q) C E m c ;:.- 1.0 II) c E ~ cL~- C'l :t: 0 Q) .~- ..J .- a: U a..cn CJ) .5 ..Jcn 0 0 0 [8] o 00 o o No development is proposed at this time; therefore, the rezoning application does not conflict with any applicable air quality plan, violate any air quality standards, result in cumulative increases in any criteria pollutant, expose sensitive receptors to po.llutant concentrations or create objectionable odors. However, a separate environmental assessment will be required at the time a development application is submitted to the City for these properties to review air quality impacts. The EIR prepared for the 2005 General Plan includes the "following mitigation measure that will be required of any development ap.plication for this site: Screen new uses locating near sensitive receptors to ensure that they are not potential sources of air pollutants. IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or th rough 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 Game or U.S. Fish and Wildlife Service? [5,10,27,44] o o o [8] 1-13 >>.... 0 c1: -c c1: c~ -ca'" caca oca caca... 1:) .! U U .c U .c'- a.;, .cUI.) ISSUES: ....- ~ 1-;j:;....1ao 1-.- tU o tU c:t:: en'-'- enl:1. en:t:: c. zl:1. [and Supporting Information Sources] Q) c E en c ;:.- "- :acE .5 o.~- Q) en :!:: 0 tn_ ..J .- :E U ..J~ D.CI) CI) .E b) Have a substantial adverse effect on any 0 0 0 00 riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on 0 0 0 00 federally protected wetlands as defined by Section 404 of the Clean Water Act (incILJding, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 00 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? [5,10,12,21,26] e) Conflict with any local policies or 0 0 0 00 ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted' Habitat Conservation Plan, Natural D D D IRJ Community Conservation Plan, or other -' approved local, regional, or state habitat conservation plan? [5,10.26,27] , Items a throuah f - No Impact No development application is proposed at this time; therefore, the project as a rezoning application will not have any adverse effects on threatened or endangered resources. Additionally, the project site is currently developed with two office buildings. However, a separate environmental assessment will be required at the time a development application is submitted to the City for review of biological resources. For any protected or heritage trees proposed to be removed in conjunction with a development application, the application shall comply with the City's Protected Trees Ordinance. V. CUl rURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in D 0 0 00 the significance of a historical resource as 1 14 defined in !315064.5? [5,13,41] >O+' 0 c+' c 1: c .- -c asas om as c -asn .cB"O t) .! Co) .c Co) .c'- 100 ISSUES: +,.- a 1-'-+,lQ 0 I- .- as o as c:t: CI) :t: 'i tn Q. CI) :t: C. zc. [and Supporting Information Sources] Cl)CE CI) c .- 100 m c E .5 cLE>> - Cl) en :t:: 8 tn_ a. en ...J .- :ae ...Je;; en .5 b) Cause a substantial adverse change in D D 0 [8] the significance of an archaeological resource pursuant to 915064.5? [5,13,41] c) Directly or indirectly destroy a unique D D 0 [8] paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including 0 0 0 [8] those interred outside of formal cemeteries? [1,5] Items a throuQh d - No Impact The project site is not within a s~nsitive archa~ological area of the city and has no historical, archaeological, paleontological or geologic resources. Therefore, the rezoning application will not have any adverse effects on cultural resources. However, an environmental assessment will be required at the time a development application is submitted to review the possibility of sensitive historical, archaeological, paleontological or g~ologic resources on the subject properties. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:. i) Rupture of a known earthquake fault, as D D 0 00 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. [2,14,44] ii) Strong seismic ground shaking? D D 0 00 [2,5,10,44] iii) Seismic-related ground failure, including 0 D 0 00 liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] D 0 0 00 b) Result in substantial soil erosion or the D D 0 00 loss of topsoil? [2,5,10,44] 1-15 >-+< 0 c1: c 1: c .- -c ClSCU o'S -CU'" CUCUO t) .! u u .c U.c'- L. .cu ISSUES: ....- ! I- .- +< 1'; 0 1-.- ctI o CU c- . CI) ~ .- Cl Q. CI) ~ Q. zc. [and Supporting Information Sources] U)'c E CI) c a:.- L. Cl)cE .5 15 .!:>>- U)Cl '~8 U) .!:>>- D.rJ) ..J .- :a: ..JrJ) rJ) .5 c) Be located on a geologic unit or soil that is 0 0 0 [8] unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, sub,sidence, liquefaction or collapse? [2,5,10,39] d) Be located on expansive soil, as defined 0 0 0 [8] in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10] e) Have soils incapable of adequately 0 0 0 [8] supporting the use of septic tanks or alternative waste water disposal systems where sewers are not availab[e for the disposal of waste water? [6,9,36,39] Items a throuah e - No Impact No development is proposed at this time; therefore, the rezoning application will not expose people or structures to rupture of a known earthquake fault, seismic ground shaking, or landslides. Additionally, according to the Geologic and Seismic Hazard Map of the Cupertino General Plan, the project site is located in a VF, Valley F[oor, zone. The VF zone includes all relative[y level valley floor terrain with relatively [ow levels Of georogic haZard risk. However, a separate environmental assessment will be required at the time a development application is submitted to review the geo[ogical and soil stability of the properties for development. The E[R prepared for the 2005 General Plan includes the following mitigation measures that will be required of any development application for this site: 1. Both the State and Local codes address the issue of seismic resistance design for new construction. The General Plan also includes policies that would reduce potential impacts to acceptable levels. A Phase I environmental assessment at a minimum will be required of the properties at the time a development application is submitted. The project shall also be conditioned to comply with all structural requirements during construction of the development project. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: o o o IRI a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous 1 1 6 materials? [32,40,42,43,441 >O*"' 0 c*"' c t: c .- -c caca 0'S c cacaO caca*"' 0 .- (,) ca ~ (,) .c..t:! ... .c(,)(,) ISSUES: *"' .- g. ~....tlSo I- .- ca o ca c:t: II) .-.- en c. CI) :t: c. zc. [and Supporting Information Sources] ,acE :g c ;:.-... Cl)cE .5 o .!2'- en =:0 G) en_ D..cn ...I .- :E (,) ...Ie;; (J) ..5 b) Create a significant hazard to the public or 0 0 0 00 the environment through reasonably foreseeable upset and accident 'conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle 0 0 0 00 hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? [2,29,30,40,44] d) Be located on a site which is included on a 0 0 0 00 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? [2,42,40,43] . e) For a project located within an airport land 0 0 0 00 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 for people residing or working in the project area? [ ] f) For a project within the vicinity of a private 0 0 0 00 airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically 0 0 0 00 interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a 0 0 0 00 significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1,2,44] 1-17 ISSUES: [and Supporting Information Sources] :>.- -C -CU'" .~ 0 0 -.- ~ C:!:~ f%)CE '0 Ol_ a. en o C -C C .- CUcu o'S .c 0 .c'- I- .....~...'SO CI)'-'- Ole. CI) C :5:.- l- f%) Ol .1:: 0 -J .- Ii::! 0 en -==-s C't: CUCU'" .cOO ......- ctS CI) :!: e. Cl)cE f%) Ol_ -Jen ... o o ctS Ze. '.5 Items a throuah h - No Impact No development application is proposed at this time; therefore, the rezoning application will not generate hazardous waste, increase the risk of accidental explosion, release hazardous substances, intertere with emergency services, increase exposure of people to hazardous waste or increase fire hazard in areas with flammable brush, grass or trees. However, a separate environmental assessment will be required at the time a development application is submitted to review possible hazard risks. A Phase I environmental assessment at a minimum will be required of the properties at the time a development application is submitted. The project site is not within a two-mile radius of the nearest airport (Moffett Airfield/San Jose Airport) and is not listed as a contaminated site in the State of California Hazardous Waste and Substances Site List. VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or 0 0 0 [8] waste discharge requirements? [20,36,37] b) Substantially deplete groundwater tJ 0 0 [8] ,supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which wbuld not support existing land uses or planned uses for Which permits have been granted)? [20,36,42] e) Create or contribute runoff water which 0 lEI 0 0 would exceed the capacity of existing or planned stormwater 'drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water 0 0 0 [8] quality? [20,36,37] g) Place housing within a 1 DO-year flood 0 0 0 I:&J hazard area as mapped on a federal Flood Hazard Boundary or Frood Insurance Rate Map or other frood hazard delineation map? [2,38] h) Place within a 1 DO-year flood hazard area 1 180 0 0 lEI structures which would impede or redirect ISSUES: [and Supporting Information Sources] >-~ -c -CIS+!' .~ U u ~.- ~ c~ ~ 'scE o 0')_ c.cn o c ~c c .- CISCIS 01; .c U.c'- ... I- .- .... 1; 0 C/) ~ .- 0') c. C/) c ;:.-... t1) 0') :t:= ~ ...I .- -==... Cf) -=-,5 c.... c CIS~~ .cUU 1-.- CIS U):!:: C. U) C E (l) Cl_ ...lei) '0 o ~ zc. .E i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] j) Inundation by seiche, tsunami, or 0 0 0 00 mudf[ow? [2,36,38] Items a throuoh i-No Impact No development is proposed at this time; therefore, the rezoning application to include Planned Industrial to the existing zoning designation will not violate any water quality standards or water discharge requirements, create runoff, substantially deplete ground water supplies, degrade water quality, place housing in a 100-year floor zone, or expose people or structures to risks involving flooding or tsunamis. o o o 00 However, a separate environmental assessment will be required at the time a development appfication is submitted to the City for review of water-related risks. The EIR prepared for the 2005 General Plan includes the followin"g mitigation measures that will be required of any development application for this site: 1. Encourage industrial . projects to have long-term conservation measures including recycling equipment for manufacturing and pooling water supplies in the plant. . Work with the Cupertino Sanitary District to carry out this policy. 2. Minimize storm water flow and erosion impacts resulting from development. The project site is currently developed with two office buildings and is located within a B flood zone per the Flood Insurance Rate Map, Community Panel Number 060339-0004C, dated May 1, 1980. IX. LAND USE AND PLANNING - Would the project: a) Physically divide ~n established 0 0 D. 00 community? [7,12,22,41] b) Conflict with any applicable land use plan, 0 0 00 0 policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or " mitigating an environmental effect? [1,7,8,16,17,18,44] c) Conflict with any applicable habitat 0 0 0 00 conservation plan or natural community conservation plan? [1,5,6,9,26] 1-19 ISSUES: [and Supporting Information Sources] ~t: -C'CS~ .~ U u "'" .- Sl c:t:~ In c E '5 .!;!)- Q.en o c "'c c .- C'CSC'CS o'S .c u .c'- ... 1-lf:""''SO U)'-'- Ole. U) c ;:.- ... In Ol :t:: 0 ..J .- ~ u en 0::;.5 c'" c C'CSC'CS... .cUU 1-.- C'CS U) :t: e. U) c E In .!;!)- ..Jen "'" U o C'CS Ze. .5 Items a and c - No Impact The rezoning application will not physically divIde an established community or conflict with any applicable habitat conservation plan or natural community conservation plan. The site is currently developed with two office buildings and is surrounded by both residential (Hamptons Apartment complex) and office/industrial buildings. The rezoning application involves inclusion of the Planned Industrial zoning designation to the existing Planned Residential zoning designation. Item b - Less than Sianificant Impact The rezoning application conflicts with the existing land use plan by adding the Planned Industrial zoning classification to the existing Planned Residential zonIng designation that would allow for a"P(MP, Res) zoning designation. The project involves the rezoning of a 7.78 acre portion of the subject properties from PeRes), Planned Residential, to P(MP, Res), Planned Industrial and Residential Essentially, the application involves adding the P(MP) zoning designation back onto the properties, and retaining the existing PeRes), Planned Residential, zoning designation. These properties w!3re zoned P(MP) at the time of the 2005 General Plan update, prior to the rezoning of these properties to PeRes). The remaining portions of the properties that are zoned PR, Public Park/Recreation, will retain this zoning designation and are not . affected by the rezoning application. The rezoning application is considered less than significant since the" property previously had a P(MP) zoning designation that preceded the Planned Residential zoning designation, and had a P(MP) designation that was studied under the EIR for the 2005 General Plan update. Therefore, the rezoning is consistent with the General Plan that allows for Industrial/Residential within the North Vallco Special Genter area in which the project site is located. The project is also consistent with the North Vallco Master Plan. Additionally, the rezoning application does not allow for 'and uses that would exceed the office and residential allocations studied in the EIR for the 2005 General Plan update. X. MINERAL RESQURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? [5,10] o o o IRI 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? [5,10] o o o IRI Items a and b There are no known mineral resources on th" ~~ct site. Additionally, no development application is proposed at this time; therefore, the rezoning application will not result in the loss of mineral resources. >0'" 0 c'" c C c.- -c CUcu D'S c -CU'" CUC'CS... 13 .~ u u .c u .c.- ... .cuU ISSUES: ....- S 1-;;:...1iSo I- .- C'CS o C'CS C:1: U).-.- mo. U) :1: 0. Z 0.' [and Supporting Information Sources] G) C E U) c :::.-... U) C E E o.~- G)m .'!::O G) .EJ- ..J .- :e u a. en en .5 ..JCJ) XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, 0 0 0 00 noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of 0 0 0 00 excessive groundborne vibration or groundborne noise levels? [8,18,44] c) A substantial permanent increase in 0 0 0 00 ambient noise levels in the project vicinity above levels existing without the project? [8,18] d) A substantial temporary or periodic 0 [8] 0 0 increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land 0 0 0 [RJ 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? [8,18,44] . f) For a project within the vicinity of a private 0 0 0 [RJ airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] 1-21 ISSUES: [and Supporting Information Sources] >>""" -C caCClt) .- u _ """;:~ C._ ~ 'scE o Cl_ a..Ci) o C ....C C .- ct:Sas O'ta .c u .c.- ... I- .- """ 'ta 0 (I) :t:: .;: lj) c. (I) C ... +:I "'0 (1) lj) .- ..J .- "=:! U en -==.5 t) o CCI zc. E - Ct: CClas.... .cUU 1-;:CC1 (1).- c. (l)cE (1) .2'- ..Jen Items a throuah f - No Impact No development is proposed at this time; therefore, the rezoning application will not expose people to noise in excess of noise standards or ambient noise levels, and excessive groundborne vibration or noise levels. However, a separate environmental assessment will be required at the time a development application is subniitted to the City for review of possible noise impacfs. Conditions of approval shall be required of any development applications for these properties to mitigate noise impacts related to permanent noise sources and construction activities on the project site. The EI R prepared for the 2005 General Plan includes the following mitigation measures that will be required of any development application for this site: 1. Be sure new commercial or industrial developments plan their delivery areaq away. from existing homes. 2. Require analysis and implementation of techniques to control the effects of noise from industrial equipment and processes from projects neat homes. . Additionally, the project site is not located within an airport land use plan area or private airstrip. XII. POPULATION AND HOUSING -- Would .the proiect: a) Induce substantial 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)? [3,16,47,441 b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? [3,16,441 c) Displace substantial numbers of people, 0 0 0 [8] necessitating the construction of replacement housing elsewhere? [3,16,441 Items a throuah c - No Impact The project site is currently developed with two office buildings. Therefore, the rezoning application will not displace existing housing and would not necessitate' replacement housing elsewhere. XIII. PUBLIC SERVICES o o o [8] o o o [8] 1-22 ~1: 0 e1: e 1: e .- -ctl~ ctlctl o'S ctlctl.... '0 .~ u u .c u .c'- ... .cuu ISSUES: .....- 8 t- .- .... 'S 0 t-.- ctl o ctl c:t: en :t:.~ Ij) c.. en:t: c.. zc.. [and Supporting Information Sources] ,SeE en e .-... ~eE .5 o Ij)- Q)1j) ~o Ij)- .- -I .- :s u -IU) o..cn en .5 a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities. need for new or physically altered governmental facilities. the construction of which could cause significant environmental impacts. in order to maintain acceptable service ratios. response times or other performance objectives for any of the 'public services: Fire protection? [19,32,44] 0 0 0 00 Police protection? [33,44] 0 0 0 00 Schools? [29,30,44] 0 0 0 00 Parks? [5,17.19,21,26,27,44] 0 0 0 00 Other pU,blic facilities? [19,20,44] 0 00 0 0 Items a - No Impact The project site is currently developed with two office buildings within an urbanized area that is served by municipal services. including fire. police and public facilities. Additionally. no development is proposed at this time. Therefore. the rezoning application will not create additional impacts onto existing public services. Any future development project will undergo review to determine the exact nature of any impacts to public services and the project will be required to incorporate specific mitigations to address them. A. separate environmental assessment will be required at the time a development application is submitted to the City for public service impacts. The EIR prepared for the 2005 General Plan includes the following mitigation measures that will be required of any development application for this site: 1. Expand existing commercial and industrial recycling programs to meet and surpass AB939 waste stream reduction goals. 2. Encourage the recycling and reuse of building materials. including recycling materials generated by demolitions and remodeling of buildings. 3. Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources. 4. Encourage the design and construction of energy and resource conserving/efficient buildings. XIV. RECREATION-- I I -1 1-23 ... - ., >-- 0 c- c1: c;:; -c CUca Oca c -CU.... cam.... U .~ u U .c U .c'- ... .cuU ISSUES: .....- ~ I-q::_tao I- .- ca o ca c:c en'-'- ene. en :c Q. zo. [and Supporting Information Sources] SCE U)cS':;:;15 en c E .5 o en_ a) r:n .- CD en_ .- ..J .- :i: U ..Ju; a. en en .5 a) Would the project increase the use of 0 0 0 IRI existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] b) Does the project include recreational 0 0 0 IRI facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] Items a and b - No Impact The project involves a rezoning of the properties. No development is proposed at this time. Therefore, the project would not increase the use of existing neighborhood and regional parks. . Approximately a one-acre portion of the existing properties is zoned for a park area; this area will remain as a Public Park! Recreation zone and is anticipated to be developed in accordance with the any future development of the project site. XV. TRANSPORTATIONffRAFFIC-- Would the project: a) Cause an increase in traffic which is 0 0 0 IRI substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, 0 0 CJ [B] a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, 0 0 0 [B] including either an increase in traffic levels or a change in loc~tion that results in substantial safety risks? [4,1] d) Substantially increase hazards due to a 0 0 0 [B] design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? 0 0 .0 [B] [2,19,32,33,44] 1 -24 >-- 0 Cc ~ c C.- -C ca 0 m tacan cacan '0 .- (,) ca .c (,) .c .- ... .cu ISSUES: -= a f-=_mo f- .- ca o ca C._ (1)'-'- mQ. (I)~Q. zQ. [and Supporting Information Sources] SCE (I) C 3:.-... (I) 6>> E. .5 0.2'- cu m :!:: 0 ..J .- :5 (,) G)._ - D..en en .5 ..Jen f) Result in inadequate parking capacity? 0 0 0 llil [17,44] g) Conflict with adopted policies, plans, or 0 0 0 llil programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4.34] Items a throuoh 0 - No Impact No development application is proposed at this time; therefore, the rezoning application will not create substantial increased traffic, result in a change in air traffic patterns, substantially increase hazards due to design features, result in inadequate emergency access and/or parking capacity, or Conflict with adopted policies/plans on alternative transportation. The rezoning application involves reinstating and adding the Planned Industrial (P(MP)) zoning designation to the existing Planned Residential (P(Res)) zoning designation to allow for a P(MP, Res) zoning designation. The P(MP) zoning preceded the P(Res) zoning on the properties, and is still consistent with the Industrial/Residential land use designation of the General Plan for the North Vallco Special Center area and the North Vallco Master Plan. Therefore, traffic loads and capacity of the street system for industrial use in accordance with the North Vallco Special Center on these properties are consistent with the General Plan as studied in the EIR prepared for the 2005 General Plan update. The 2005 General Plan EIR studied the maximum development potential that allows for the combined industrial/residential use of these properties in the North Vallco Park SpecIal Center. XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? [5,22.28,36,44] b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28.36] c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] o o o llil o o o llil o o o llil 1-25 >.- 0 C1:: C 1:: C .- -C ttIttI o'S cattlt) ttlttI_ t) .- U .c U.c.- J.. .cuu ISSUES: -~~ I-~_'So 1-.- ttI o CIS c._ U).-.i OlD. U):!:: D. zD. [and Supporting Information Sources] (1)CE U) C ._ J.. U) C E oS b .~- (1) Ol :t:: 0 (1) .~- a.cn ...I .- ::s u ...I en en .5. e) Result in a determination by the 0 0 0 r&:J wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? [5,22,28,36,44] f) Be served by a landfill with sufficient 0 0 0 r&:J permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local 0 0 0 r&:J statutes and regulations related to solid waste? Items a throuah a - No Impact No development application is proposed at this time; thereforej the rezoning application will not exceed waste water treatment requirements, require construction of new or expanded water! waste water/storm water treatment facilities, or be served by a landfill. In addition, any future development project will undergo review to determine the exact nature of any impacts to utilities and service systems and the project will be required to incorporate specific mitigations to address them. A separate environmental assessment will be required at the time a development application is submitted to the City. The EIR prepared for the 2005 General Plan includes the following mitigation measures that will be required of any development application for this site: . 1. Policies incorporated into the/General Plan regarding energy have been designed to reduce energy consumption. In addition, the State has adopted measures that address energy consumption. Title 22 and Title 24 include energy conservation requirements that must be applied to all new construction. 2. Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources. 3. Encourage the design and construction of energy and resource conserving/efficient building!? The project site is currently developed with two office buildings that are served by sanitary sewer service. 1-26 ISSUES: [and Supporting Information Sources] >>... -c -ea~ .~ u u ....- S1! c~ ~ ,ScE o.~- Q.U) o c "'c c .- ctSea o'S .c u .c'- ... 1-li:"''SO (11'-';: tnD. (11 C ....- i;"" Q)tn ~O ..J .- -= U U) 0::;.5 c'" ea c .cBu I- .- ctS II) ~ CI.. (11 C E ... 0)_ .:nn '0 o ctS Za. ,g .... 3 .',....,~:,'.'T.t~6,;:~~!~~~~tiJ~{~~i~'~i~i~~i~~f~ . a) Does the project have the potential to 0 0 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or elimir)ate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects Qf past projects, the effects of other current projects, and the effects of probable future proiects)? . .........\.... ..'- :".: .... . ::.:.1' '.' ;::}' .. . ,.-. o lliJ o o o lliJ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? o o o [8] PREPARE..f\'~ ~F.FIDAVIT I ,', I hereby certify that the information provided in this Initial Study is true and correct to the best of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and 'complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. a ~. Prepare~s Signature ~ ~ Print Preparer's Name-A-~/' fl. Snellt'1J 1-27 E~VIRONMENTAL .EVALUATION (To be Completed by City Staff) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environ,mental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages~ 0 Aesthetics 0 Agriculture Resources 0 Air Quality 0 Biological Resources D Cultural Resources D Geology /Soils 0 Hazards & Hazardous 0 Hydrology / Water 0 Land Use / Planning Materials Quality 0 Mineral Resources D Noise 0 Population / Housing 0 Public Services 0 Recreation 0 Transportation/Traffic 0 Utilities / Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of thi?initial evaluation the Environmental Review Committee (ERC) finds that: o The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. llil Although the proposed project courd have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MlrlGATED NEGATIVE DECLARATION will be prepared. o The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o The propose~ project MAY have a "potentially significant impact" or "potentially significant unless mitigated" 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. o Although the proposed project could have a significant effect on the environment, because all potentially 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. tJ4j;6/69 Date ,- ntJ(i~/o1