102-Initial Study/Mitigated Negative Declaration.pdf
Initial Study/Mitigated Negative Declaration
ScenicCircleAccess
ScenicCircleAccess
toStevensCreekTrailand
toStevensCreekTrailand
BlackberryFarmPark
BlackberryFarmPark
Project No. 9136
Prepared by
David J. Powers & Associates
for the
November 1, 2010
TABLE OF CONTENTS
Page
INTRODUCTION AND PURPOSE............................................................................3
SECTION 1.0
SECTION 2.0PROJECT INFORMATION.........................................................................................4
SECTION 3.0PROJECT DESCRIPTION...........................................................................................9
SECTION 4.0ENVIRONMENTAL CHECKLIST AND DISCUSSION OF IMPACTS................15
4.1 AESTHETICS...............................................................................................15
4.2 AGRICULTURAL AND FOREST RESOURCES......................................20
4.3 AIR QUALITY.............................................................................................23
4.4 BIOLOGICAL RESOURCES.......................................................................27
4.5 CULTURAL RESOURCES..........................................................................42
4.6 GEOLOGY AND SOILS..............................................................................46
4.7 GREENHOUSE GAS EMISSIONS.............................................................49
4.8 HAZARDS AND HAZARDOUS MATERIALS.........................................52
4.9 HYDROLOGY AND WATER QUALITY..................................................55
4.10 LAND USE...................................................................................................62
4.11 MINERAL RESOURCES.............................................................................68
4.12 NOISE...........................................................................................................69
4.13 POPULATION AND HOUSING.................................................................73
4.14 PUBLIC SERVICES.....................................................................................74
4.15 RECREATION..............................................................................................77
4.16 TRANSPORTATION...................................................................................78
4.17 UTILITIES AND SERVICE SYSTEMS......................................................83
4.18 MANDATORY FINDINGS OF SIGNIFICANCE.......................................85
SECTION 5.0REFERENCES...........................................................................................................88
SECTION 6.0LEAD AGENCY AND CONSULTANTS.................................................................91
Scenic Circle Access to Stevens Creek Trail 1Initial Study/MND
City of Cupertino November 2010
TABLE OF CONTENTS
Figures
Page
Regional Map................................................................................................................5
Figure 1
Figure 2Vicinity Map.................................................................................................................6
Figure 3Aerial Photograph.........................................................................................................7
Figure 4Proposed Trail Connection Plan...................................................................................8
Tables
Table 1Regulation of Biological Resources............................................................................27
Photographs
Photos 1-2...............................................................................................................................16
Photos 3-4...............................................................................................................................17
Appendices
Appendix A Construction Best Management Practices Proposed by the Project
Appendix B Hydrology Memo
Scenic Circle Access to Stevens Creek Trail 2Initial Study/MND
City of Cupertino November 2010
SECTION 1.0 INTRODUCTION AND PURPOSE
This Initial Study has been prepared to conform to the requirements of the California Environmental
Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.), and
the regulations and policies of the City of Cupertino. This Initial Study evaluates the potential
environmental impacts which might reasonably be anticipated to result from the construction of the
proposed Scenic Circle Access to Stevens Creek Trail and Blackberry Farm Park project.
The City of Cupertino is proposing to construct an approximately 270-foot long trail that would
connect Scenic Circle to the existing trail in Blackberry Farm Park via an existing pedestrian bridge
over Stevens Creek. The proposed project also includes the construction of approach ramps,
stairway, retaining wall, and access point at Scenic Circle. The project site is located on City-owned
property.
In April 2006, the City of Cupertino completed the Stevens Creek Corridor Park Master Plan and
1
Restoration Plan Initial Study (IS)/Mitigated Negative Declaration (MND). Stevens Creek Corridor
Park is an approximately 60-acre area bounded by Steven Creek Boulevard to the north, McClellan
Road to the south, and residential neighborhoods to the east and west. The IS/MND analyzed the
conversion of the fee-based Blackberry Farm picnic grounds to a year-round community park,
restoration of the Stevens Creek channel, enhancement of adjacent woodland habitat, construction of
a trail along Stevens Creek between McClellan Road and Steven Creek Boulevard, and construction
of new park and golf maintenance facilities. The proposed trail connection would be located within
the Stevens Creek Corridor park lands and would link the creek trail to Scenic Circle via an existing
pedestrian bridge. Some of the information contained within the IS/MND was utilized for the
preparation of this Initial Study, and is hereby incorporated by reference as allowed under Section
15150 of the CEQA Guidelines.
The City of Cupertino is the Lead Agency under CEQA and has retained David J. Powers &
Associates to prepare this Initial Study to address the impacts of implementing the proposed project.
1
The IS/MND and associated documents are available at: http://www.cupertino.org/index.aspx?page=314 and at the
City of Cupertino offices located at 10300 Torre Avenue, Cupertino, CA, 95014. An addendum to the IS/MND was
adopted in October 2006.
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City of Cupertino November 2010
SECTION 2.0 PROJECT INFORMATION
2.1 PROJECT TITLE
Scenic Circle Access to Stevens Creek Trail and Blackberry Farm project
2.2 PROJECT LOCATION
As shown in Figures 1 through 3, the project site is located within the public open space area of
Stevens Creek Corridor between Scenic Circle and Blackberry Farm Park in the City of Cupertino.
The site is approximately 0.75 miles west of State Route (SR) 85 and one mile south of Interstate
280. Access to the Scenic Circle residential neighborhood is provided from Scenic Boulevard by
Foothill Boulevard via Palm Avenue, McClellan Road via Mira Vista Road/Palm Avenue, and other
streets.
2.3 LEAD AGENCY CONTACT INFORMATION
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Gail Seeds, Project Manager
(408) 777-3354
2.4 PROPERTY OWNER’S NAMES AND ADDRESSES
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
2.5 ASSESSOR’S PARCEL NUMBERS
357-07-029, 357-10-008
2.6 GENERAL PLAN LAND USE AND ZONING DESIGNATIONS
General Plan Land Use Designation:Parks and Open Space
Zoning Designations:PR – Park and Recreation
R1-7.5, Single-Family Residential, 7500 square foot minimum lot size
Scenic Circle Access to Stevens Creek Trail 4Initial Study/MND
City of Cupertino November 2010
SECTION 3.0 PROJECT DESCRIPTION
3.1 OVERVIEW OF THE PROPOSED PROJECT
The project includes the construction of a trail connection between Scenic Circle and Blackberry
Farm Park via an existing pedestrian bridge over Stevens Creek. The trail alignment is located
within the Stevens Creek Corridor public park and open space lands that have been developed and
restored under a restoration and master plan approved in 2006 (refer to Section 3.1.1 Background,
below). The project site is owned by the City of Cupertino.
On the west side of the creek, an approximately 270-foot long trail would meander north from the
proposed access point at Scenic Circle to a new approach deck at the south end of the pedestrian
bridge. The proposed trail would be approximately eight feet wide and would consist of crushed or
decomposed granite or similar natural tread material. The trail alignment runs through the former
Fallen Oak picnic area, which is now being planted with native vegetation under the Stevens Creek
Corridor Park project. On the north side of the bridge (easterly side of the creek), the project
includes the construction of a new accessible approach ramp and a stairway that would connect the
pedestrian bridge to the existing creek trail that runs through Blackberry Farm Park. The proposed
trail connection is intended to accommodate pedestrians and bicyclists.
The site is bounded by single-family residential uses on Scenic Circle to the south (west side of the
creek) and Blackberry Farm Park to the north (east side of the creek). The riparian corridor of
Stevens Creek traverses the site. McClellan Ranch Park is located south of the project site. Monta
Vista High School, Kennedy Middle School, and Lincoln Elementary School are located east of the
creek in the greater project vicinity.
3.1.1 Background
The southern portion of the project site (west side of Stevens Creek) was previously used as the
Fallen Oak picnic area and was developed with park facilities including a service building. The
picnic area was part of Blackberry Farm, which was a privately-owned and operated park that
consisted of a golf course, swimming pools, and multiple picnic areas and related amenities.
Blackberry Farm was acquired by the City of Cupertino in 1991, which is consistent with the General
Plan goal to develop a trail/linear park along Stevens Creek. All picnic and park facilities were
removed from the Fallen Oak site in 2008.
In 2006, the City of Cupertino approved the Stevens Creek Corridor Park Master Plan and
2
The publicly-owned lands along Stevens Creek addressed by the Plan are
Restoration Plan.
bounded by Steven Creek Boulevard to the north, McClellan Road to the south, and residential
neighborhoods to the east and west. Among the primary elements of the Plan were:
conversion of the fee-based Blackberry Farm complex to a community park;
restoration of in-stream and riparian habitats within the floodplain including realignment and
widening of portions of the creek;
enhancement of upland oak woodland habitat;
construction of an all weather trail along Stevens Creek between McClellan Road and
Stevens Creek Boulevard;
2
An Initial Study/Mitigated Negative Declaration (MND) was prepared for the project by the City of Cupertino and
adopted in June 2006. An addendum to the MND was adopted in October 2006.
Scenic Circle Access to Stevens Creek Trail 9Initial Study/MND
City of Cupertino November 2010
construction of new park and golf maintenance facilities; and
development of an environmental education center at McClellan Ranch.
Phase I of the project, which included conversion of Blackberry Farm, construction of the trail to
McClellan Road, and creek restoration, has been completed. The renovated Blackberry Farm Park
3
was opened to the public in July 2009. Phase II of the project, which is currently in the design
stage, includes completion of the remaining portions of the trail. The trail connection proposed by
this project would link Scenic Circle to the existing creek trail through Blackberry Farm Park via an
existing pedestrian bridge over Stevens Creek.
The existing pedestrian bridge is approximately 40 feet long and seven feet wide. This clear-span
metal structure is accessed by wooden steps and not attached to permanent abutments. The bridge is
currently used for maintenance access purposes only.
There are two existing gates in the fence along Scenic Circle, located opposite 10432 Scenic Circle
and Scenic Court. The gates are currently closed and prevent public access to the pedestrian bridge
and creek corridor. After the Blackberry Farm Park renovations were completed in 2009, some
residents raised the issue of restoring public access from Scenic Circle to provide a route to walk and
bike to the tri-school area east of the creek and to increase community access to the renovated public
park.
In February 2010, the City Council directed the Department of Public Works to move forward with
the design of the proposed project. This Initial Study analyzes the effects of constructing the access
point, trail connection, and associated improvements.
Two neighborhood meetings were held in May and June 2010 to obtain input on the preferred
4
location and design of the project. The proposed design and operational measures reflect the
feedback and recommendations of the attendees, who were primarily residents of Scenic Circle and
Scenic Court.
3.1.2 Purpose of the Project
The purpose of the project is to provide a safe and convenient pedestrian/bicycle connection between
the residential neighborhoods west of Stevens Creek and the renovated community park and trail east
of the creek. The proposed trail connection would expand the network of pedestrian and bike
facilities, providing additional opportunities for residents to walk and bike for both transportation and
recreational purposes. The project would also allow a more direct and safer route to the tri-school
area east of the creek (including Monta Vista, Kennedy, and Lincoln Schools) that avoids potential
conflicts with vehicles on McClellan Road and Stevens Creek Boulevard. The proposed project is
consistent with the City’s goals to increase walkability and expand the bicycle network, as outlined
in Cupertino’s General Plan (2005), Pedestrian Transportation Plan (2002), and Bicycle
Transportation Plan (1998).
3
City of Cupertino. “Stevens Creek Corridor Project.” <http://www.cupertino.org/index.aspx?page=314>
4
The meetings were held on May 20 and June 8, 2010 at Monta Vista High School.
Scenic Circle Access to Stevens Creek Trail 10 Initial Study/MND
City of Cupertino November 2010
3.2 PROJECT COMPONENTS
The proposed trail connection plan is shown on Figure 4. All components of the project will be
designed and constructed in compliance with the Americans with Disabilities Act (ADA) and the
City of Cupertino Municipal Code. The project is designed to accommodate non-motorized modes
of travel, including biking, hiking, jogging, and walking.
3.2.1 Proposed Trail and Ramps
The project includes the construction of a 270-foot long, approximately eight-foot wide trail on the
westerly side of Stevens Creek. The proposed ADA-compliant trail would connect the proposed
access point at Scenic Circle (described further below) to the existing pedestrian bridge. The trail
alignment includes two bends to minimize grading and avoid tree removal to the extent feasible. The
trail surface would consist of crushed or decomposed granite (or similar material), which is
appropriate for use in a creek corridor. The paving surface is proposed to include a stabilizer that
will reduce erosion and provide an all-weather surface.
A new wooden approach deck would be constructed at the south end of the existing pedestrian
bridge. At the base of the sloped area near Scenic Circle, the project proposes to construct a
retaining wall (approximately 25 feet long) near the trail. The retaining wall is anticipated to be
constructed with wood planks, although the final material may vary. The wall is intended to protect
the existing grade at the base of a 24-inch diameter Chinese elm tree to be preserved. Boulders are
also likely to be used in this area and near the bridge approach to provide additional slope
stabilization.
On the east side of the creek, the project includes the construction of an accessible approach ramp
extending northwest/downstream from the existing pedestrian bridge, and a four-step stairway
extending southeast/upstream from the bridge. The proposed ramp and stairway would connect the
bridge to the existing creek trail that runs through Blackberry Farm Park. The existing wooden stairs
and portions of existing fencing would be removed to accommodate the new ramp and stairway.
3.2.2 Access Point
The at-gradeaccess point to the proposed trail connection at Scenic Circle would be located
approximately 150 feet east of the Scenic Circle/Scenic Court intersection. The proposed location
avoids tree removal to the extent feasible, while locating the access point near the midpoint between
the two homes across the street (at 10422 Scenic Circle and 10434 Scenic Court). The entrance to
the access point, behind the curbline and adjacent to the roadway, would be approximately 20 feet
wide to allow space for trail users.
A chain-link fence lines the north and east sides of Scenic Circle adjacent to the project site. A
portion of this fence would be removed and relocated farther from the curb to accommodate the
access point to the proposed trail connection.
3.2.3 Gates and Hours of Operation
There are two existing gates in the chain-link fence along Scenic Circle. One is used for
maintenance access and is located just north of the Scenic Circle/Scenic Court intersection. The
second one is opposite 10432 Scenic Circle. This latter gate would be removed as part of the project
and replaced with fencing material that matches the existing fence.
Scenic Circle Access to Stevens Creek Trail 11 Initial Study/MND
City of Cupertino November 2010
A new gate would be installed at the proposed Scenic Circle access point. Under the proposed
project, this gate will be open daily during park hours and will be locked at all other times. Park
hours are currently from sunrise to ½ hour after sunset. The hours of operation may be modified by
the City Council to accommodate school activities, consistent with the City Council’s direction at the
meeting of October 5, 2010. The Stevens Creek Corridor Park Ranger will be responsible for
5
locking and unlocking the gate. Given that the trail would be closed at night the project does not
include lighting along the trail.
In the event of a significant flood event, the City would close the proposed trail connection and
would post signage at the Scenic Circle access point alerting trail users of this closure.
3.2.4 Parking Control Measures
The creation of new parking for trail use is not part of the project. The project is intended to serve
residents that bike or walk from home. Visitors to Stevens Creek Trail (including Blackberry Farm
and McClellan Ranch Parks) and trail users that arrive by motor vehicle would continue to use the
existing parking facilities on the east side of the creek. In response to neighborhood concerns and
suggestions, the City proposes to implement control measures (listed below) to discourage visitors to
Stevens Creek Trail and the associated park lands from parking their vehicles in the Scenic Circle
neighborhood. The project includes implementation of Tier 1, while Tier 2 and 3 would be
implemented in the future if the City determines that additional measures are necessary to control
parking.
Tier 1: Additional signage will be installed at the location of the existing “No Outlet” sign on
Scenic Boulevard at the entrance to the neighborhood. The sign would read:
“RESIDENTIAL ZONE, NO PARK PARKING BEYOND THIS POINT” or similar.
Tier 2: If the Tier 1 solution does not adequately address the issue of park users parking in the
Scenic Circle Neighborhood, additional “Residential Zone – No Park Parking” signs
will be installed along Scenic Circle. The number of signs to be installed will be
sufficient to meet criteria for enforcement by the County Sheriff.
For any holiday or large special event at Blackberry Farm Park where a high attendance
is expected (such as 500 or more), the City will put out portable “No Park Event
6
Parking” signs, or similar, in the Scenic Circle Neighborhood. The existing overflow
parking lot at Monta Vista High School for the park will be maintained for high
attendance events as needed.
Tier 3: If the Tier 1 and Tier 2 solutions do not adequately address the issue of park users
parking in the Scenic Circle Neighborhood, then the residents will consider a
Residential Permit Parking program, to be developed in coordination with the City.
3.2.5 Litter Control Measures and Trail Amenities
To minimize the potential for littering, the City proposes to install wildlife-resistant trash and
recycling receptacles inside Blackberry Farm Park near the proposed access point on Scenic Circle,
beyond the gate. Receptacles are to be located where they are out of sight from nearby residences
5
Stevens Creek Corridor Park is staffed seven days a week by park rangers.
6
This measure is currently in place for the Byrne/San Fernando Avenue area, located on the east side of Blackberry
Farm Park.
Scenic Circle Access to Stevens Creek Trail 12 Initial Study/MND
City of Cupertino November 2010
and/or screened. Park rangers would be responsible for daily pick up of trash/recyclables in vicinity
of the gate.
The project does not include the provision of night lighting, interpretative signage, benches, or
similar trail amenities. The provision of trash receptacles is intended to encourage proper trail use
and proper disposal of waste.
3.2.6 Vegetation Removal and Mitigation
The proposed trail alignment primarily consists of oak woodland, riparian habitat, and upland
vegetation. The project includes the removal of two coast live oak trees (seven and three inches in
diameter) and approximately three saplings. Minor tree trimming and removal of low-lying
vegetation may also be required to accommodate the proposed trail connection. As described in
Section 4.4 Biological Resources, impacts to biotic habitats resulting from project construction
activities will be mitigated by providing replacement trees and additional native plantings, and
replanting disturbed areas with native vegetation or reseeding. Standard construction measures will
be implemented to minimize temporary impacts to trees, wildlife, and water quality.
3.2.7 Grading, Drainage, and Utilities
Substantial grading would not be required to construct the proposed project. It is expected that a
moderate amount of imported fill (approximately 75 cubic yards) would be required for construction
of the approach ramp to the existing pedestrian bridge and to the access point at Scenic Circle. As
previously described, the project includes a retaining wall at one location along the trail connection.
Any cut or fill slopes adjacent to the trail not supported with retaining walls will be reseeded or
7
replanted following construction.
As described in Section 4.8 Hydrology and WaterQuality of this Initial Study, the proposed 270-foot
trail connection is not expected to generate a significant amount of stormwater runoff. In accordance
with Santa Clara Valley Water District (SCVWD) guidelines, surface water would generally be
diverted from the trail away from the creek where feasible by cross-sloping the trail surface up to two
percent. However, cross slope direction may vary to achieve safety, constructability, or other goals.
3.2.8 Construction Information
The footprint of the proposed trail and associated ramps would be approximately 2,500 square feet,
while project construction would affect approximately 22,000 square feet (about half an acre) of
land. All construction work and equipment staging would occur on City-owned property. On the
easterly side of the creek, construction access and staging would occur within Blackberry Farm Park.
For work on the westerly side of the creek, access would occur from Scenic Circle. Equipment
would be staged on previously disturbed land to the extent feasible. No work would be required
within the active stream (low-flow channel) of Stevens Creek. Construction of the approach ramps
would require work at the top of bank.
It is anticipated that the trail construction would start in late winter/early spring of 2011. The total
duration of project construction is estimated to be approximately four months.
7
Santa Clara Valley Water District, Santa Clara Valley Water Resources Protection Collaborative. “Guidance for
Trail Design” in Guidelines and Standards for Land Use Near Streams. August 2005 (revised July 2006).
Scenic Circle Access to Stevens Creek Trail 13 Initial Study/MND
City of Cupertino November 2010
3.3 PERMITS REQUIRED
The project would require a Streamside Permit from the City of Cupertino.
No other permits, approvals, or easements are anticipated for construction of the proposed project.
3.4 USES OF THE INITIAL STUDY
This Initial Study will be used to obtain a Mitigated Negative Declaration (MND) for the project,
which determines that with the implementation of mitigation measures identified, the project would
not have a significant effect on the environment.
Scenic Circle Access to Stevens Creek Trail 14 Initial Study/MND
City of Cupertino November 2010
SECTION 4.0 ENVIRONMENTAL CHECKLIST AND DISCUSSION
OF IMPACTS
This section describes the existing environmental conditions on and near the project area, as well as
environmental impacts associated with the proposed project. The environmental checklist, as
recommended in the California Environmental Quality Act (CEQA) Guidelines, identifies
environmental impacts that could occur if the proposed project is implemented.
The right-hand column in the checklist lists the source(s) for the answer to each question. The
sources cited are identified at the end of this section. Mitigation measures are identified for all
significant project impacts. “Mitigation Measures” are feasible measures that will minimize, avoid,
or eliminate a significant impact (CEQA Guideline 15370). Measures that are required by law, are
City standard conditions of approval, or are included in the project that will further reduce or avoid
already less than significant impacts are categorized as “Avoidance Measures.”
4.1 AESTHETICS
4.1.1 Setting
As shown on Figure 3, the project site is located in a suburban area of west Cupertino. Adjacent land
uses include single-family residential uses (the Scenic Circle neighborhood) and public park/open
space. The majority of the project alignment is located within the floodplain of Stevens Creek,
which is a relatively natural setting. The site slopes down from Scenic Circle to a flat area on the
west side of the creek. This area was previously used as a picnic area, but was recently planted with
native vegetation. The sloped area is vegetated with oak trees and various ornamental trees. In the
project vicinity, Stevens Creek has moderately incised banks and is lined with predominantly
sycamores, oaks, redwoods and pine trees. On the east side of the creek, there is a creek trail and a
children’s play area within Blackberry Farm Park.
The visibility of the project site is generally limited to the immediately surrounding area. The project
area is not visible from a scenic vista, although views of the site are available from the residents in
the Scenic Circle neighborhood across from the proposed access point and from public open spaces,
including Blackberry Farm Park and the creek trail. The existing pedestrian bridge is not readily
visible to the residential uses due to the presence of mature trees lining Scenic Circle and the creek
8
corridor. The site is not located adjacent to or within view of a designated state scenic highway.
Stevens Creek Corridor is considered an important scenic resource in the City of Cupertino. As
described in Section 4.11 Land Use, the proposed project is subject to Cupertino General Plan
policies and Santa Clara County design guidelines that are intended to promote land use and visual
compatibility with surrounding land uses.
Views of the project area are shown in Photographs 1-4 on the following pages.
8
California Department of Transportation. “California Scenic Highway Mapping System.” Accessed October 1,
2010. <http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm>
Scenic Circle Access to Stevens Creek Trail 15 Initial Study/MND
City of Cupertino November 2010
4.1.2 Environmental Checklist and Discussion of Impacts
AESTHETICS
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact Impact
Mitigation
Incorporated
Would the project:
1) Have a substantial adverse effect on a
1
scenic vista?
2) Substantially damage scenic 1, 2
resources, including, but not limited
to, trees, rock outcroppings, and
historic buildings within a state scenic
highway?
3) Substantially degrade the existing 1
visual character or quality of the
site and its surroundings?
4) Create a new source of substantial
1
light or glare which would adversely
affect day or nighttime views in the
area?
The proposed project includes the construction of:
an approximately 270-foot long trail consisting of crushed or decomposed granite or another
similar material;
wooden approach ramps at each end of the existing pedestrian bridge;
a short wooden stairway extending upstream from the bridge on the easterly side of the creek;
an access point at Scenic Circle with a new gate in the chain-link fence; and
a retaining wall and/or other slope stabilization measures in the sloped area.
The project also proposes to replace the existing gate in the fence opposite of 10432 Scenic Circle
with matching fencing. Trail-related signage may be provided on the west side of the creek. The
project does not include night lighting, reflective surfaces, or any other feature that would create a
new source of light or glare.
Construction of the project would require the removal of approximately two young oak trees (seven
inches and three inches in diameter) and approximately three saplings on the site. The project,
however, has been designed to minimize tree removal and includes the planting of two replacement
trees and additional understory vegetation, which would enhance the visual quality of the area over
time. Furthermore, the majority of mature trees in the site vicinity would remain. The materials used
for project construction (e.g., wood and crushed or decomposed granite) would be consistent with the
natural character of the project area. Therefore, the proposed tree removals and trail construction
would not substantially affect the visual quality of the Stevens Creek Corridor.
The visibility of the proposed trail and associated features would be limited to the immediately
surrounding area. The improvements would be most visible to the adjacent residential and park uses.
The proposed at-grade access point on Scenic Circle would be located at the approximate midpoint
Scenic Circle Access to Stevens Creek Trail 18 Initial Study/MND
City of Cupertino November 2010
between two residences. It would face the side yards of these houses, rather than front yards, to
reduce the visual effect of the access point on these uses.Proposed trash/recycling receptacles would
be located out of sight from residences. Existing trees and chain-link fencing would serve as visual
buffers between the trail and nearby residences. For these reasons, construction of the proposed
access point, trail, and associated features would not substantially change the visual character of the
residential area.
The minor improvements proposed for the easterly side of the creek (i.e., the construction of
approach ramps and landings to the existing pedestrian bridge) would be visually compatible with the
existing and planned park and trail facilities. The project would not adversely affect views from
Blackberry Farm Park or the existing trail east of the creek. By constructing a trail connection
through an open space area and utilizing an existing pedestrian bridge, the project would provide
additional public viewpoints of the Stevens Creek Corridor, an important scenic resource.
While the determination of aesthetic impacts is somewhat subjective, it is concluded that the
proposed project would not significantly degrade the existing visual quality of the site and its
surroundings. The project has been designed to be compatible with the surrounding neighborhood
and natural environment to the extent possible by taking into account community feedback and
complying with applicable guidelines and Cupertino General Plan policies intended to promote
visual compatibility.
For these reasons, the proposed project would not result in a significant aesthetic impact to the
surrounding land uses.
4.1.3 Conclusion
The proposed project would not degrade or substantially change the existing visual character or
quality of the project site and its surroundings, including the residential neighborhood and public
park. Therefore, the project would have a less than significant aesthetic impact and no mitigation
measures are required or proposed. (Less than Significant Impact)
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City of Cupertino November 2010
4.2 AGRICULTURAL AND FOREST RESOURCES
4.2.1 Setting
The project area is located within a suburban area of Cupertino. While the area was used for
agriculture prior to residential development, there are no commercial farms in the project area. The
Stocklmeir property, located about 0.25 miles north of the site, is the only remaining orchard along
9
Stevens Creek from Cupertino to the San Francisco Bay. McClellan Ranch, located approximately
1,000 feet south of the site, contains community gardens.
There are no properties in the project area, including the site, that are under a Williamson Act
10
contract or designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.
According to Section 12220 (g) of the Public Resources Code, forest land is defined as “land that can
support 10-percent native tree cover of any species, including hardwoods, under natural conditions,
and that allows for management of one or more forest resources, including timber, aesthetics, fish
and wildlife, biodiversity, water quality, recreation, and other public benefits.” Based on this
definition, the oak woodland habitat that occurs within the project site would be considered forest
land due to the presence of native tree species and the numerous public benefits the riparian corridor
of Stevens Creek provides to Cupertino, including wildlife habitat and public open space for
recreational use and aesthetic enjoyment.
4.2.1.1 Zoning and General Plan Land Use Designations
The project site is designated as Parks and Open Space under the City of Cupertino’s General Plan
and is zoned PR – Park and Recreation and R1-7.5, Single-Family Residential. One objective of the
Parks and Open Space designation is to protect natural resources, including riparian habitat. In
addition to parks and recreational facilities, agricultural uses are also permitted in the Park and
Recreationzoning district.
The City of Cupertino does not have a zoning district intended directly for forest or timberland. Title
13 of the Municipal Code, however, includes standards for the protection of trees, wildlife, and other
natural resources and within public parks. Parks characterized by unique natural features may be
designated by the City Council as a nature and/or rural preserve to maintain the ecology of the area
and conserve the scenic values. McClellan Ranch Park, located approximately 0.25 miles south of
the project site, is a designated nature/rural preserve in the City.
9
City of Cupertino. Stevens Creek Corridor Park IS/MND. June 2006.
10
California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and
Monitoring Program. 2008 Santa Clara County Important Farmland Map. 2009.
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City of Cupertino November 2010
4.2.2 Environmental Checklist and Discussion of Impacts
AGRICULTURAL AND FOREST RESOURCES
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificant
No Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Convert Prime Farmland, Unique 1, 3
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?
2) Conflict with existing zoning for
1, 4
agricultural use, or a Williamson Act
contract?
3) Conflict with existing zoning for, or 1, 4
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))?
4) Result in a loss of forest land or 1
conversion of forest land to non-
forest use?
5) Involve other changes in the 1, 3
existing environment which, due to
their location or nature, could result
in conversion of Farmland, to non-
agricultural use or conversion of
forest land to non-forest use?
The project site is not designated or zoned for agriculture and is not under a Williamson Act contract.
The proposed project would not affect any properties zoned, designated as Farmland by the State, or
actively used for agricultural purposes.
The project site is not specifically zoned for forest or timberland, although it is zoned and designated
asParkand Recreation and Parks andOpen Space. The land use designation of Parks andOpen
Space is intended to ensure the availability of land for the preservation of natural resources, including
forest lands. The project would not conflict with general standards related to forest resources per the
ParkandRecreation zoning, which is intended to allow a range of recreational facilities for public
use, including trails. The project would not affect the natural features, scenic values, or community
resources for which McClellan Ranch Park has been designated as a nature/rural preserve.
Construction of the proposed trail would require the removal of two small oak trees and
approximately three saplings within the oak woodland area on the site. As described in Section 4.4
Biological Resources, the project proposes to mitigate the loss of habitat by planting two native
Scenic Circle Access to Stevens Creek Trail 21 Initial Study/MND
City of Cupertino November 2010
replacement trees and additional understory vegetation within the site vicinity. In addition,
mitigation and avoidance measures will be implemented during project construction to protect trees
to remain within the site, minimize potential effects on the water quality of Stevens Creek, and avoid
impacts to protected animal species. Therefore, the project would not result in significant impacts to
fish, wildlife, or biodiversity.
The proposed trail would provide increased views of the Stevens Creek Corridor and would not
adversely affect the aesthetic quality of the area (refer to Section 4.1 Aesthetics). The proposed trail
is intended to increase access to open space and parkland; therefore, the project would enhance the
area’s value as a recreational resource. The proposed project would not result in the conversion of
forest land to non-forest use.
4.2.3 Conclusion
The proposed project would not affect agricultural resources. (No Impact)
The proposed project would not result in a significant impact to forest resources. (Less than
Significant Impact)
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City of Cupertino November 2010
4.3 AIR QUALITY
4.3.1 Setting
4.3.1.1 Background Information
Ozone and particulate matter are considered the primary pollutants of concern in the Bay Area.
These are considered regional pollutants in that concentrations are not determined by proximity to
individual sources, but show a relative uniformity over a region. Ozone, also called photochemical
smog, is formed by a chemical reaction between ozone precursors, primarily reactive organic gases
(ROG) and nitrogen oxides (NO), in the presence of sunlight. Particulate matter consists of solid
x
and liquid particles of dust, soot, aerosols and other matter which are small enough to remain
suspended in the air for a long period of time. Combustion sources (i.e., automobiles, fires, power
plants, and factories) tend to generate fine particles (PM), whereas fugitive dust (such as from cars
2.5
11
traveling on unpaved roads) generally consists of larger, “coarse” particles (PM). Motor vehicle
10
use is a major mobile source of ozone precursors and particulate matter in the Bay Area.
4.3.1.2 Regulatory Framework
The Federal Clean Air Act and the California Clean Air Act of 1988 require that the State Air
Resources Board, based on air quality monitoring data, designate portions of the state where the
national or state ambient air quality standards are not met as “non-attainment areas”. State standards
are generally more stringent than national standards. Under the California Clean Air Act, the Bay
Area is designated as a non-attainment area for the ozone, PM, and PM standards. In addition,
102.5
the region was recently designated as non-attainment for the national 24-hour PM standard. All
2.5
other pollutants are designated as “attainment” or “unclassified” for state and national standards.
The region is required to adopt a clean air plan (CAP) on a triennial basis that shows progress
towards meeting state air quality standards. The Bay Area 2010 Clean Air Plan, which was adopted
12
in September 2010, serves as the region’s current CAP. The CAP provides a strategy to reduce
ozone, particulate matter, air toxics, and greenhouse gases in a single, integrated plan. The CAP
establishes emission control measures to be adopted or implemented in the 2010-2012 timeframe.
In June 2010, the Bay Area Air Quality Management District (BAAQMD) adopted the CEQA Air
Quality Guidelines as an update to its previous CEQA Guidelines (1999). Under the new thresholds
, or PM or 15 tons
of significance, projects that generate more than 10 tons per year of ROG, NO
x2.5
would have a significant impact on regional air quality. The BAAQMD guidelines
per year of PM
10
also established thresholds of significance for construction-related emissions and screening levels for
a Lead Agency to use as an indication of whether a proposed project would result in a construction-
related air quality impact. Although the guidelines do not specify a screening level for the
construction of transportation or infrastructure projects (such as the proposed trail connection
project), the screening level for most land uses is 277,000 square feet of development. This
screening level takes into account the on-site construction of roadways and the installation of project
13
infrastructure.
11
BAAQMD. “Particulate Matter.” Accessed April 13, 2010. <http://www.baaqmd.gov/Divisions/Planning-and-
Research/Particulate-Matter.aspx>
12
The CAP is available at: http://www.baaqmd.gov/Divisions/Planning-and-Research/Plans/Clean-Air-Plans.aspx.
13
BAAQMD. CEQA Air Quality Guidelines. June 2010.Page B-11.
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4.3.1.3 Sensitive Receptors
BAAQMD defines sensitive receptors as facilities where sensitive receptor population groups
(children, the elderly, and the acutely and chronically ill) are likely to be located. These land uses
include residences, school playgrounds, child-care centers, retirement homes, convalescent homes,
hospitals, and medical clinics. Sensitive receptors in the site vicinity include the single-family
residences along Scenic Circle.
4.3.2 Environmental Checklist and Discussion of Impacts
AIR QUALITY
Less Than
PotentiallyLess Than
Significant
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1, 5, 6
1) Conflict with or obstruct
implementation of the applicable air
quality plan?
2) Violate any air quality standard or 1, 5
contribute substantially to an existing
or projected air quality violation?
3) Result in a cumulatively 1, 5
considerable net increase of any
criteria pollutant for which the
project region is classified as non-
attainment under an applicable
federal or state ambient air quality
standard including releasing
emissions which exceed
quantitative thresholds for ozone
precursors?
4) Expose sensitive receptors to
1, 5
substantial pollutant concentrations?
5) Create objectionable odors affecting a 1, 5
substantial number of people?
4.3.2.1 Long-term Impacts
The operational effects of the proposed project on long-term air quality would be associated with
vehicle trips. As described in Sections 4.17 Transportation, the construction of a trail connection
would not generate a significant number of additional vehicle trips in the project area. Rather, the
proposed trail project could result in a small reduction in vehicle use by providing alternative, non-
motorized means of transportation for residents to access parks and schools in the area. Given that
the project is intended to reduce vehicle trips, it would not approach or exceed BAAQMD’s
thresholds for the generation of criteria air pollutants and ozone precursors. Therefore, the proposed
trail project would not result in significant long-term air quality impacts.
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City of Cupertino November 2010
TheBay Area 2010 Clean Air Plan identifies the improvement of pedestrian and bicycle access and
facilities as Transportation Control Measures (TCMs), which are strategies intended to reduce motor
vehicle emissions. The proposed construction of a trail connection would be consistent with the
CAP’s goals for reducing vehicle use, given that it would expand the network of pedestrian and
bicycle facilities in the area and make non-motorized travel safer and more accessible. The project is
also consistent with the TCM for providing safer routes to school. By supporting implementation of
the regional CAP, the proposed project would result in a beneficial effect on long-term air quality in
the region.
4.3.2.2 Construction-Related Impacts
The project includes the construction of an approximately 270-foot long, eight-foot wide trail and
associated improvements. It is anticipated that approximately four months would be required for
project construction. Activities such as grading operations, construction vehicle traffic, and wind
blowing over exposed earth would generate short-term exhaust and fugitive dust emissions.
Materials used during construction activities could be a source of ROG. The operation of
construction equipment has the potential to generate odors.
Construction activities could temporarily affect local air quality by causing a short-term increase in
particulate matter and other emissions. Dust generated during ground disturbing activities could
create temporary annoyances to residential uses downwind of the site. Project construction,
however, would not require a substantial amount of grading or construction vehicles that could have
a significant effect on local air quality. For these reasons, project construction would not expose
sensitive receptors in the area to substantial sustained pollutant concentrations or objectionable odors.
The footprint of the proposed trail and associated ramps would be approximately 2,500 feet, while
project construction would affect approximately 22,000 square feet (about half an acre) of land.
Given the size and scope of the proposed project relative to a 277,000-square foot land use
development (the typical screening level), the average daily emissions of criteria air pollutant and
precursors resulting from projection construction would not approach or exceed the thresholds of
significance for a regional construction-related air quality impact. Regardless of whether or not a
threshold is exceeded, BAAQMD recommends the implementation of “basic construction mitigation
measures” for all projects in the Bay Area. Although construction of the proposed trail connection
would not result in a significant air quality impact, the project proposes to implement these measures
to further reduce the potential for adverse effects on nearby uses.
Avoidance Measures:The following measures will be implemented during project construction:
All exposed surfaces (e.g., unpaved parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered daily during dry weather or as needed to control dust.
Haul trucks transporting soil, sand, or other loose material off-site shall be covered.
Mud or dirt track-out onto adjacent public roads shall be removed consistent with Division 1 of
the City’s standard specifications.
All vehicle speeds on unpaved roads shall be limited to 10 mph.
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City of Cupertino November 2010
Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to five minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations \[CCR\]).
All construction equipment shall be maintained and properly tuned in accordance with
manufacturer’s specifications.
4.3.3 Conclusion
The proposed project would not result in long-term regional air quality impacts. Short-term,
construction-related air quality impacts would not be significant. Implementation of the above
described measures will further reduce or avoid short-term air quality impacts associated with the
construction of the proposed project. (Less than Significant Impact)
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City of Cupertino November 2010
4.4 BIOLOGICAL RESOURCES
The following discussion is based upon the biotic reports completed in 2006 for the Stevens Creek
Corridor Park IS/MND by TRA Environmental Sciences (formerly Thomas Reid Associates) and
H.T. Harvey & Associates, as well as pre-construction surveys and construction observation during
Phase I of the Stevens Creek Corridor Park and Restoration Project.
4.4.1 Setting
4.4.1.1 Regulatory Framework
As it relates to land use decisions, “biological resources” generally include plant and animal species
and the habitats that support such species. The avoidance and mitigation of significant impacts to
biological resources under CEQA is consistent with – and complementary to – various federal, state,
and local laws/regulations that are designed to protect such resources. These regulations often
mandate that project sponsors obtain permits prior to the commencement of development activities,
and require sponsors to implement measures that avoid and/or mitigate impacts as permit conditions.
Table 1, below, summarizes many of these laws and regulations.
Table 1
Regulation Of Biological Resources
Law/RegulationObjective(s)Responsible
Agencies
Federal Endangered Species Act
Avoid harm to such species and their NOAA NMFS,
habitat and, ultimately, to restore their USFWS
numbers to where they are no longer
California Endangered Species Act CDFG
threatened or endangered.
Federal Migratory Bird Treaty Act USFWS
Protect migratory birds, including their
nests & eggs.
CDFG
California Fish & Game Code Protect birds of prey, including their
Section 3503.5 nests & eggs.
Federal Clean Water Act Avoid/mitigate impacts to wetlands and US EPA, USACE,
other “waters of the United States” RWQCB
including streams, lakes, or bays.
Porter-Cologne Water Quality Avoid/mitigate water quality impacts to SWRCB, RWQCB
Control Act waters of the State and US.
California Fish & Game Code Avoid/mitigate impacts to rivers, CDFG
Sections 1600-1616 streams, or lakes.
City of Cupertino Tree Ordinance City of Cupertino
Avoid/mitigate impacts to heritage and
protected trees
NOAA NMFS = National Oceanic & Atmospheric Administration, National Marine Fisheries Service; USFWS =
U.S. Fish & Wildlife Service, CDFG = California Department of Fish & Game, US EPA = U.S. Environmental
Protection Agency, USACE = U.S. Army Corps of Engineers, RWQCB = Regional Water Quality Control Board,
SWRCB = State Water Resources Control Board
The project site is not located within an area protected by an approved habitat conservation plan.
Scenic Circle Access to Stevens Creek Trail 27 Initial Study/MND
City of Cupertino November 2010
City of Cupertino Tree Ordinance
The City of Cupertino Tree Ordinance (Ordinance No. 07-2003, Chapter 14.18 of the Cupertino
Municipal Code) requires a permit to remove protected trees from public or private property.
Protected trees include all trees of the following species that have a minimum single-trunk diameter
of 10 inches (31-inch circumference) or minimum multi-trunk diameter of 20 inches (63-inch
circumference) measured at 4.5 feet from natural grade: Coast live oak, Valley oak, Black oak, Blue
oak, Interior live oak, California buckeye, Big leaf maple, Deodar cedar, Blue atlas cedar, California
bay, and Western sycamore.
Protected trees also include heritage trees, approved privacy protection plantings in R-1 zoning
districts, and trees required to be protected as a part of a zoning, tentative map, or use permit.
Application for designation as a heritage tree is referred to the Planning Commission for review and
determination in accordance with Chapter 19.124 of the Cupertino Municipal Code. The Planning
Commission may, by resolution, designate a tree or grove of trees as a heritage tree(s).
Development projects are subject to Chapter 14.18, Appendix A of the Cupertino Municipal Code:
“Standards for the Protection of Trees during Grading and Construction”. The removal of protected
trees typically requires the planting of replacement trees, in accordance with the Replacement Tree
Guidelines in the Cupertino Tree Ordinance.
No heritage trees have been designated within the project area. Several mature oaks and sycamores
on or near the site are protected trees under the City of Cupertino Tree Ordinance.
4.4.1.2 Existing Biotic Habitats
The project site is located in a developed area of west Cupertino within the Stevens Creek Corridor.
Prior to development of the area, the project site was likely composed of mature riparian woodland
along the banks of Stevens Creek, with meadows of riparian scrub, seasonal wetlands, and grasslands
occurring on the floodplain. Grading, development, and farming over the years have introduced non-
native plant species, and dam construction upstream of the project area has resulted in changes to the
vegetation composition within the creek and adjacent habitats.
The project area has recently undergone restoration efforts to enhance the aquatic, woodland, and
riparian habitats and return the Stevens Creek Corridor to more natural conditions. Restoration
activities completed in the site vicinity include the removal of man-made features (three low flow
automobile crossings, a dam structure, concrete walls, riprap, etc), channel widening, and planting of
native riparian and upland vegetation (refer to Section 3.1.2). The creek channel is approximately 35
feet wide beneath the existing pedestrian bridge. The banks in the project area are moderately steep,
dropping between five and 10 feet in elevation from the top of bank to the bottom of the creek
channel.
The majority of the project site (the flat area on the west side of Stevens Creek) was previously
developed as a group picnic area. The park facilities were removed from the site in 2008. Portions
of this area were planted with native upland vegetation as part of restoration efforts under the Stevens
Creek Corridor Park Phase I project. An irrigation system was installed and the restoration area is
currently being maintained by park staff.
Other habitat types on the project site include oak woodland (in the upland area near Scenic Circle)
and ruderal and mixed riparian forest (adjacent to the creek). These habitats include a variety of
Scenic Circle Access to Stevens Creek Trail 28 Initial Study/MND
City of Cupertino November 2010
native and non-native trees, shrubs, and grasses. The predominant trees species include coast live
oak, western sycamore, and redwoods, which were planted adjacent to the bridge. Other species
present in the overstory include Monterey pine, Chinese elm, walnut, Tree of Heaven, and various
ornamental trees. Riparian vegetation is dense within the Stevens Creek Corridor area; however, at
the location of the existing pedestrian bridge, the riparian vegetation has been relatively barren where
park activities and specific tree species have suppressed understory species from taking hold along
the banks of the creek and within the floodplain.
The project area also includes disturbed/developed areas including the paved roadway of Scenic
Circle, the paved trail along the eastern creek bank, the existing metal bridge, and its wooden
approach structures. The site is bounded by development to the north and south, including
Blackberry Farm Park and the Scenic Circle residential neighborhood. A children’s play area is
located in the immediate site vicinity on the opposite side of the existing creek trail within the park.
Wildlife
Riparian habitat is of high value to wildlife in California, due to the foraging, cover, and nesting
opportunities provided by the year-round water supply and diverse habitat structure (including tree,
shrub, and herbaceous layers). Oak woodland also provides substantial nesting and foraging habitat
for a variety of species. The central portion of the site that was formerly picnic grounds currently
provides limited value to wildlife, although this area is expected to provide higher quality woodland
habitat when the native shrubs and trees that were recently planted reach maturity.
Terrestrial animals known to occur in the project area include raccoons, Columbian blacktail deer,
striped skunk, broad-footed mole, coyote, San Francisco dusky-footed woodrat, bobcat, feral cat, and
a variety of songbirds. Birds known to breed within the project area include House Finch, Chestnut-
backed Chickadee, Western Wood-Pewee, Black Phoebe, White-breasted Nuthatch, Brown Creeper,
Nutall’s Woodpecker, Warbling Vireo, Western Scrub Jay, American Robin, Anna’s Hummingbird,
Pacific-slope Flycatcher, and Oak Titmouse. Raptors that may nest within the riparian corridor
and/or forage in adjacent habitats include White-tailed Kite, Red-shouldered Hawk, Cooper’s Hawk,
Screech Owl, and Barn Owl. Bat species detected in 2004 and 2005 during surveys of the Stevens
Creek Corridor Park project area include big brown bats, Mexican free-tailed bats, and Yuma myotis.
The reach of Stevens Creek within the project area provides habitat for native aquatic species
including the threespine stickleback, California roach, Sacramento sucker, and steelhead/rainbow
trout, and nonnative species such as the red swamp crayfish and signal crayfish.
4.4.1.3 Special-Status Species
Several special-status plant species are known to occur in the region, typically in open grassland,
chaparral, and woodland habitats. Field surveys were completed for Western leatherwood to
determine its presence within Stevens Creek Corridor Park; this species was not detected in any area
proposed for restoration and is assumed to be absent from the corridor. It was determined that no
special-status plant species are expected to occur within the project area, primarily due to a lack of
suitable habitat.
According to literature search previously completed for the Stevens Creek Corridor Park project, a
number of special status animal species were identified as having the potential to be present within
the project area. These species included: California red-legged frog (USFWS Threatened and
California Species of Special Concern), California tiger salamander (USFWS Threatened and
California Species of Special Concern), Western pond turtle (California Species of Special Concern),
Scenic Circle Access to Stevens Creek Trail 29 Initial Study/MND
City of Cupertino November 2010
Foothill yellow-legged frog (California Species of Special Concern), Central California Coast
steelhead (NOAA NMFS Threatened), Cooper’s Hawk, Burrowing Owl (California Species of
Special Concern), Long-eared Owl, Yellow Warbler, White-tailed Kite, pallid bat, and San Francisco
dusky-footed woodrat (California Species of Special Concern). Other bat species identified as
having potential to occur in the project area include big brown, Mexican free-tailed, and Yuma
myotis.
Habitat assessments and/or focused surveys were previously completed for the species having the
potential to occur in the project area, listed above.Species observed to be present within the corridor
between 2005 and 2008 include steelhead trout, Western pond turtle, White-tailed Kite, Cooper’s
Hawk, Red-shouldered Hawk, San Francisco dusky-footed woodrat, big brown bat, Mexican free-
tailed bat, and Yuma Myotis bat. None of the other species were detected in the corridor and the
project area was evaluated as having low to moderate potential to support these species (TRA 2006
and H.T. Harvey 2006).
In addition to these special-status species, the majority of birds occurring in the project area are
protected under the federal Migratory Bird Treaty Act and by the California Fish and Game Code.
Bats are also protected by the California Fish and Game Code.
4.4.2 Environmental Checklist and Discussion of Impacts
BIOLOGICAL RESOURCES
Less Than
PotentiallySignificantLess Than
Beneficial Information
WithSignificantNo Impact
Significant
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Have a substantial adverse effect,
1, 7, 11
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 Game or U.S.
Fish and Wildlife Service?
2) Have a substantial adverse effect on 1, 7
any 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 U.S.
Fish and Wildlife Service?
3) Have a substantial adverse effect on
1, 7, 11
federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
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City of Cupertino November 2010
BIOLOGICAL RESOURCES
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
4) Interfere substantially with the
1, 7
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?
5) Conflict with any local policies or 1, 7, 8
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
6) Conflict with the provisions of an 1
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,
regional, or state habitat conservation
plan?
The proposed trail and associated improvements would be located within Stevens Creek Corridor.
Only the proposed approach decks/ramps and stairway would be constructed in the top of bank area.
The project includes the removal of two trees: a seven-inch diameter coast live oak and a three-inch
diameter coast live oak. These trees are located within the oak woodland habitat adjacent to Scenic
Circle. Both trees have limited canopies due to the presence of adjacent larger trees. In addition,
approximately three coast live oak saplings would be removed from the habitat restoration area.
Minor tree trimming and the removal of low-lying vegetation may be required to accommodate the
proposed trail connection.
The proposed project incorporates measures to decrease potential impacts to biological resources,
including sensitive habitats and wildlife. These measures include the following:
The proposed project has been designed in a manner that accommodates and protects existing
mature trees and native vegetation to the extent feasible. Existing native vegetation shall be
retained by removing only as much vegetation as necessary to accommodate the trail clearing
width and installation of proposed improvements.
Where the layout of the new pathway and bridge approaches conflicts with recently installed
native plantings, such plantings shall be transplanted to a nearby suitable location within the
project site or shall be replaced with a similar size and type of native plant on the project site.
Any cut or fill slopes shall be replanted with vegetation native to the general area or
reseeded. Criteria that would be used in selecting plant materials include, but are not limited
to: if the species is indigenous to the watershed; habitat value; rate of growth; ultimate size;
strength of root system; resistance to pests and diseases; aesthetic characteristics; and ease of
maintenance.
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4.4.2.1 Impacts to Sensitive Habitats
The limited areas of riparian and aquatic habitat on and adjacent to the project site are considered
sensitive natural communities. Coast live oak woodland is not considered a sensitive community by
the California Department of Fish and Game (CDFG), but is still valued locally as a biological
resource. No other natural communities of special concern occurring in the region are present in the
site vicinity.
Most of the proposed 270-foot long trail would be constructed within the former picnic area. As
described above, portions of this area have been planted with native upland vegetation. Impacts to
this restoration area are discussed in conjunction with impacts to the oak woodland habitat, below.
Riparian Habitat
As previously described, although dense riparian vegetation exists in the project area, at the location
of the existing pedestrian bridge, the riparian habitat currently lacks established understory
vegetation along the creek banks. No streamside riparian trees or creek bank vegetation would be
removed or affected by the project for construction of the proposed approach ramps/decks and
stairway. Therefore, the project would not result in a significant impact to the on-site riparian
habitat.
Aquatic Habitat
No work would occur within the active stream (low-flow channel) of Stevens Creek. The proposed
project would not directly affect any federally protected wetlands or aquatic habitat within the creek.
However, construction activities such as grading and vegetation removal could result in temporary
impacts to surface water quality if sediments or chemicals are allowed to discharge into the creek.
With implementation of the avoidance measures listed below and in Section 4.8 Hazards and
Hazardous Materials, the project would not result in significant impacts to aquatic habitat and no
additional mitigation measures are required.
Avoidance Measures: The following standard Best Management Practices (BMPs) will be
implemented to minimize project impacts to aquatic habitat and water quality:
Construction equipment will be staged in upland and/or currently developed or disturbed
areas to avoid disturbance to sensitive habitat areas and reduce the potential for sediment and
materials to enter the creek.
No debris, soil, silt, sand, bark, slash, sawdust, cement, concrete, washings, petroleum
products or other organic or earthen material shall be allowed to enter into or be placed where
it may be washed by rainfall or runoff into waters of the U.S. or State (Stevens Creek).
Fiber rolls and/or silt fencing will be placed near the bridge during construction to help
prevent sediment and debris from entering the creek.
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City of Cupertino November 2010
The following BMPs from the Santa Clara Valley Water District (District) 2005 BMP
Handbook would be implemented as needed during project construction to avoid impacts to
14
aquatic habitat and water quality:
WQ-5 Soil Stockpiles
WQ-18 Site Maintenance and Cleanup
WQ-41 Erosion and Sediment Control Measures
Oak Woodland Habitat
Construction of the project would result in direct (removal) and indirect (trimming, root impacts, soil
compaction) impacts to mature oak woodland habitat and a small portion of the upland habitat
restoration area. Construction of the trail could require removal of a small amount of oak woodland
understory vegetation, primarily near the Scenic Circle embankment. In addition, construction of the
trail and bridge approach ramps and stairway could require the removal of a small amount of recently
planted native vegetation in the upland habitat restoration area. Project impacts to the mature and
recently planted oak woodland habitats on the site, however, would not be considered significant for
the following reasons:
While coast live oak is a native species, it is a regionally and locally abundant species. The
oak trees to be removed are relatively small in size, and other more mature trees located
within the oak woodland habitat in the project area would be preserved. Therefore, the
proposed tree removal would not substantially affect the habitat value.
As described above, any recently planted upland vegetation that is removed will be
transplanted or replaced with similar native plantings on the project site. Any oak woodland
understory vegetation that is removed will be replaced with native vegetation to provide
similar habitat value to the area affected. The project also includes the planting of two native
container-size replacement trees and dozens of additional native understory plantings on the
site. These measures are intended to offset the loss of the two oak trees, saplings, and
approximately 2,500 square feet of former picnic area and oak woodland understory habitat
upon which the proposed trail connection would be constructed.
Any cut or fill slopes adjacent to the trail not supported with retaining walls will be reseeded
15
or replanted. The replanting of native vegetation in disturbed areas would minimize the
potential for erosion and the establishment of invasive species on the site.
The project has been designed to avoid permanent impacts to oak woodland habitat by
minimizing grading, tree removal, and the area of disturbance to the maximum extent
feasible.
Construction access and equipment staging would occur on paved areas or previously
disturbed land, wherever possible. This measure is intended to minimize temporary effects to
oak woodland habitat resulting from construction-related soil compaction and disturbances to
wildlife.
14
These measures are described in detail in Appendix A of this Initial Study.
15
Santa Clara Valley Water District, Santa Clara Valley Water Resources Protection Collaborative. “Guidance for
Trail Design” in Guidelines and Standards for Land Use Near Streams. August 2005 (revised July 2006).
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Standard tree protection measures will be implemented during project construction,
consistent with the Cupertino Tree Ordinance, to reduce and avoid impacts to trees remaining
on the site (refer to Section 4.4.2.4).
Indirect Impacts from Increased Recreational Use
Re-opening the project site to public use through construction of a trail connection could have effects
on biological resources. Constructing a multi-use creek trail and permitting leashed dogs on the trail
has the potential to affect sensitive wildlife and habitat through off-trail use, improper disposal of
dog waste, increased sedimentation in the creek, and disturbances to native animals from dogs
intruding into adjacent habitats. Recreational users and dogs travelling off the trail could trample
vegetation and contribute to the spread of weeds. The accumulation of dog waste could degrade
water and soil quality.
Given that the project site was previously used as a group picnic area, the existing pedestrian bridge
is currently used by park staff to access the project site for maintenance activities, and the proposed
trail connection would provide access to an existing primary trail alignment and is not the primary
trail itself, the proposed project is not expected to substantially affect the existing ability of wildlife
to use the site. The visual and acoustic disturbance to wildlife associated with the proposed trail use
is not expected to be significantly higher than currently exists, and wildlife along the channel is
expected to adapt to the new levels of disturbance.Providing a formal, accessible trail connection
and a controlled access point to Blackberry Farm Park could decrease the possible creation of new
foot trails through sensitive habitats within the corridor.
Avoidance of indirect impacts from future trail use (or misuse) can be achieved through proper
management and enforcement. Implementation of measures included in the Stevens Creek Corridor
Park project to protect sensitive wildlife and habitat from impacts due to visitor and dog use would
16
further minimize potential impacts of the proposed trail connection. As with the trail through
Blackberry Farm Park, the project site will be patrolled and maintained by park staff and rangers.
The project proposes to implement the following measures to reduce
Avoidance Measures:
potential impacts associated with increased recreational use of the project area:
Immediately following project construction, the City of Cupertino’s Recreation Supervisor
for Blackberry Farm shall arrange for City Parks staff and/or rangers to regularly patrol the
area to enforce established rules and regulations and provide direction to maintenance crews
for clean up of dog waste and litter.
The new trail connection will be operated under the rules, regulations, and procedures that
are in effect for Stevens Creek Trail.
For these reasons, the increase in visitor and dog use the project site would not have a significant
long-term effect on sensitive habitats or wildlife.
16
These measures include a) posting regulatory signs intermittently along the trail; b) patrols by City Parks staff and
rangers to enforce the leash law provisions; c) limiting recreational use of the creek channel; e) park cleanup of
accumulated dog waste by maintenance crews or other City employees; and f) planting of upland and riparian
understory planting.
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4.4.2.2 Impacts to Wildlife Movement and Migration
The project would not introduce any impediments to aquatic or terrestrial wildlife movement, given
that animals would be able to cross over the proposed trail, and the trail design will generally follow
existing topography. By increasing the quantity of native upland habitat on the site, the project is
consistent with the intent of the Stevens Creek Corridor Park restoration plan to improve the value of
the project area as a corridor for wildlife. The proposed project would increase pedestrian and
bicycle traffic in the area, although the incremental increase in human activity would not discourage
use of the area as a wildlife corridor for the reasons described above in Section 4.4.2.1. Therefore,
the project would not substantially affect wildlife movement.
4.4.2.3 Impacts to Special-Status Plants and Animals
As discussed above, no special-status plant species are expected to occur on the project site.
Therefore, the proposed project would not affect any special-status plant species.
Special-status wildlife species that could potentially be affected by project construction include
steelhead, California red-legged frog, Western pond turtle, and San Francisco dusky-footed woodrat,
which are protected as Federally Threatened and/or California Species of Special Concern. Other
protected wildlife species that could occur in the project area and could be impacted by the project
include big brown, Mexican free-tailed and Yuma Myotis bats, as well as nesting birds and raptors,
such as the Cooper’s Hawk, Red Shouldered Hawk, Barn Owl, and White-tailed kite.
California Red-legged Frog(CRLF), Western Pond Turtle (WPT), and Dusky-footed Woodrat
As previously described, there is potential for the CRLF, WPT, and dusky-footed woodrat to occur
on the project site. CRLF is not expected to be present in this section of Stevens Creek. A total of
ten CRLF occurrences within a five-mile radius of the project area were reported between 1939 and
2000. Three from 1939 are considered historic, while three of the remaining seven records are from
outside the Stevens Creek watershed and are separated by urban development. The closest CRLF
sighting was approximately 1.2 miles upstream of the site. Stream systems that support CRLF
breeding habitat are typically slow moving with dense aquatic vegetation and this section of Stevens
Creek does not provide optimal CRLF breeding habitat. CRLF were not detected during surveys
completed in 2005 and it was concluded that there is low potential for CRLF to be present within the
Stevens Creek Corridor project area. None were detected during implementation of Phase 1 of the
Steven Creek Corridor project in 2008-09. Surveys by Santa Clara Valley Water District have also
not found CRLF in this portion of the creek. It is unlikely, but nevertheless possible, that individual
CRLF could be detected within the creek or in upland terrain during the rainy season, due to the high
mobility of this species.
Three recorded sightings of WPT occurred within a half mile of the site as recently as 2004. The
woodrat and WPT were not detected during surveys completed in 2005, and it was concluded at that
time that there was a low to moderate potential for woodrat and WPT to be present within the
17
Stevens Creek Corridor Park area. The City Naturalist, however, has seen woodrats in McClellan
18
Ranch in recent years and sighted a WPT on the banks of the creek at McClellan Ranch in 2008. In
addition, evidence of woodrat presence was found along the west creek bank during construction of
Phase I of the Stevens Creek Corridor Park project.
17
City of Cupertino. Stevens Creek Corridor Park Master Plan and Restoration Plan Initial Study. 2006.
18
Banfield, Barbara. City Naturalist, City of Cupertino. Personal communication. October 2010.
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The project could result in the loss of a very small amount of potential habitat for woodrat and WPT,
although the proposed plantings would enhance the quality of habitat in the long-term. In the
unlikely event that individual woodrats or WPT and/or their nests are present on the site during
construction, ground disturbing activities and operation of heavy equipment and vehicles have the
potential to directly impact these species.
Impact BIO-1: If present within the creek or adjacent upland habitat, CRLF, WPT, and/or
woodrats could be impacted by construction-related and long-term project
activities, including vehicle and human access.
Mitigation Measures: Implementation of the following measures, as well as those listed above in
Section 4.4.2.1, would reduce potential impacts to WPT, CRLF, and woodrats to a less than
significant level:
MM BIO 1.1 Preconstruction Survey. Four days or fewer prior to the start of project activities,
a qualified biologist shall perform one daytime survey for CRLF, WPT, and
woodrat. The entire work area, including any burrows, rocks and woodpiles that
may be disturbed by construction activities, shall be inspected for CRLF, WPT, and
woodrat. If CRLF is detected, work shall be delayed and the U.S. Fish and Wildlife
Service (USFWS) shall be contacted on how to proceed (since it is a Federally
Threatened species).
If during this survey WPT or woodrat are detected, the CDFG should be contacted
on how to proceed (since they are State Species of Special Concern). In the past,
CDFG has approved protocols for the western pond turtles stating that if a turtle is
detected, the turtle will be observed to determine if it is moving through the area in
which it was detected or if the animal is occupying the habitat for nesting, foraging,
or basking. During construction activities within the immediate area of the turtle
detection, an on-site monitor will work with construction crews. If the animal is
relocated during construction activities, the monitor will observe the turtle and alert
work crews to delay work if it is within the work area or begins to move toward or
into the work area. If the turtle appears to be traveling from upland habitat to a
nearby aquatic site, work shall cease until the turtle has traveled a safe distance
from the immediate project site. The monitor shall observe the animal from a
distance to ensure it does not wander back into the work area. If the turtle is
relocated and appears to be occupying the habitat within the project footprint for
activities such as nesting, basking, or foraging, the City or its representatives will
contact CDFG for guidance.
If during this survey San Francisco dusky-footed woodrat are detected, the CDFG
should be contacted on how to proceed (since they are State Species of Special
Concern). These mammals live year round in their houses, which are essential for
their survival. Woodrats dwell in moderately-dense to dense riparian habitats, such
as those found along portions of Stevens Creek. CDFG has generally accepted the
following guidelines for avoidance/minimization of effects on San Francisco
dusky-footed woodrat houses, listed in order of priority and implementation:
a.The project work will be rerouted to avoid the woodrat house by at least 50
feet.
b.If the work cannot be rerouted at least 50 feet from the house, it will be
rerouted as far away from the house as possible but not closer than 5 feet
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from the house. Safety and/or silt fencing (for houses downslope) will be
erected around all houses within 25 feet of the construction activity to avoid
impacts during construction.
c.If the project footprint must go directly through or within 5 feet of a house,
CDFG should be consulted with one of the two following options:
i.If the house appears inactive seek approval from CDFG to dismantle the
house and replace the lost resource by building an artificial house. One
artificial house should be built for every one existing inactive house.
ii.If the house appears active, approval will be sought from CDFG to: 1)
trap the occupant(s) of the house, 2) dismantle the house, 3) construct a
new artificial house with the materials from the dismantled house, and 4)
release the occupant into the new artificial house. The new house should
be placed as close to its original location as feasible and as far from the
project footprint as necessary to be protected from construction activities.
If the house is to be moved downslope of the project footprint, extra
precautions should be taken, such as a plywood barrier, to stop
falling/sliding materials from impacting the new house. Houses should
only be moved in the early morning during the non-breeding season
(October through February). If trapping has occurred for 3 consecutive
nights and no woodrats have been captured, the house should be
dismantled and a new house constructed.
MM BIO 1.2 Employee Education Program. An employee education program shall be
conducted prior to the initiation of project activities. The program shall consist of a
brief presentation by persons knowledgeable in federally listed and state special
status species biology and legislative protection to explain concerns to contractors
and their employees. The program would include the following: a description of
CRLF, WPT, and woodrat and their habitat needs; an explanation of the status of
CRLF, WPT, and woodrat and their protection under state and federal laws; and a
list of measures being taken to reduce impacts to CRLF, WPT, and woodrat during
project activities. Crews shall be instructed that if a CRLF is found, it is to be left
alone and the project foreman, City, and the USFWS must be notified immediately.
Likewise, if a WPT or woodrat nest is found, it is to be left alone and the project
foreman, City, and CDFG must be notified immediately.
MM BIO 1.3 ESA Fencing. Project shall include the installation of Environmentally Sensitive
Area (“ESA”) fencing along creek bank to assist in excluding potential CRLF and
WPT from the construction zone. ESA fencing shall be buried at the base to
prevent animals from moving under it. ESA fencing shall be maintained in good
and stable condition throughout active construction. Nominal 1.5 to 3 foot tall silt
fence type material is acceptable.
MM BIO 1.4 Speed Limit. Vehicles shall not drive more than 5 miles per hour within the
project area. If any WPT, CRLF, or woodrat are seen in the path of a vehicle, the
vehicle shall stop until the animal is out of the path. Parked vehicles shall be
thoroughly checked underneath before they are moved to ensure that no WPT,
CRLF or woodrat are on the ground below the vehicle.
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Steelhead
Central California Coast Steelhead, a federally-listed species, is known to occur in Stevens Creek.
The project area is within Federally Designated Critical Habitat for steelhead. Given that the project
does not include work within aquatic habitats of Stevens Creek, the project would not result in direct
impacts to steelhead occurring in the creek. Construction-related impacts to water quality, however,
may indirectly affect individual steelhead. With implementation of the avoidance measures to reduce
impacts to aquatic habitat listed in Section 4.4.2.1 above, the project would also avoid significant
effects on steelhead.
Special Status Bird Species
Nesting birds, including raptors, are protected by the California Department of Fish and Game Code
3503, which reads, “It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird,
except as otherwise provided by this code or any regulation made pursuant thereto.” The Federal
Migratory Bird Treaty Act prohibits the killing, possessing, or trading of migratory birds, except in
accordance with regulations prescribed by the Secretary of the Interior. This Act encompasses whole
birds, parts of birds, and bird nests and eggs.
A variety of protected birds could nest or forage on the project, including but not limited to the
species listed in Section 4.4.1. The proposed project would temporarily and permanently impact a
very small amount of potential foraging habitat for these species. Although occasional foraging
individuals may be temporarily displaced during construction, they are not expected to be
permanently impacted by the project. Because the project area is already disturbed by urban use, the
increase in human activity along the proposed trail connection is not expected to significantly impact
bird habitats. For these reasons, the project would not cause long-term effects on regional
populations of protected bird species.
Project construction activities, including trail construction and vegetation removal, could potentially
result in disturbance to protected birds. Given the local and regional abundance of these bird species
and the low magnitude of potential effects, project construction is not expected to result in significant
impacts to special status birds. However, direct impacts to active nests, eggs, young, or individuals
during construction would be a significant impact.
Impact BIO-2: The removal or trimming of shrubs and trees on the site could impact nesting birds,
if present.
Mitigation Measures: Implementation of the following measures would reduce potential impacts to
nesting birds to a less than significant level:
MM BIO-2.1: Vegetation removal activities within the project area shall be scheduled to take
place outside of the nesting season (February 1 to August 31) if possible to avoid
impacts to nesting birds. In order to avoid impacts to existing raptor nests during
the non-nesting season, a preconstruction survey of all on-site trees that could
support raptor nests shall be completed by a qualified biologist. Every attempt
shall be made to protect trees that contain raptor nests.
If construction is unavoidable during the nesting season, a qualified biologist shall
conduct a survey for nesting raptors and other birds within five days prior to the
start of construction activities. If active nests are not present, construction activities
can take place as scheduled. If more than five days elapse between the initial nest
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search and the beginning of construction activities, another nest survey shall be
conducted. If any active nests are detected, a qualified biologist shall determine the
appropriate buffer to be established around the nest. CDFG generally accepts a 50-
foot radius buffer around passerine and non-passerine land bird nests, and up to a
250-foot radius for raptors, however the biologist shall have flexibility to reduce or
expand the buffer depending on the specific circumstances.
Bats
The big brown bat population of the Stevens Creek Corridor Park is to likely be the largest occurring
on the Santa Clara Valley floor. In 2005, a big brown bat maternity colony was found in a sycamore
tree within the Horseshoe Bend area. It is unknown if the colony is still present in this tree. Mexican
free-tailed and Yuma myotis bats have also been detected foraging in the corridor. In addition, it is
possible that a bat colony or roost has been established in the oak woodland habitat on the site since
completion of Phase I construction of the Stevens Creek Corridor Park project in 2009.
Although big brown bats are fairly tolerant to constant levels of disturbance (e.g. constant vehicle
noise), additional disturbance above the ambient noise could result in the abandonment of the
maternity colony, if still present in the off-site sycamore tree. As discussed in Section 4.12 Noise,
grading operations would generate the highest noise levels during project construction. Given that
the project would not require substantial grading and that most grading operations would occur on
the westerly side of the creek (over 250 feet from the sycamore tree that is known to have hosted a
maternity colony), it is unlikely that construction activities would generate noise levels that would
substantially disturb the colony. Although the proposed project would not affect this sycamore tree,
the loss or abandonment of a bat roost or colony (either indirectly through project-related
disturbances or directly through tree removal), could be considered a significant impact.
Impact BIO-3: Project construction could result in the loss or abandonment of a bat roost or
colony.
Mitigation Measures: Implementation of the following measures will reduce potential impacts to
bats to a less than significant level:
MM BIO-3.1: The following avoidance measures shall be implemented as necessary and as
determined by a qualified bat biologist:
Preconstruction surveys. Because the big brown bats could move their
maternity colony or day roost to an on-site tree (and other species of bats
occurring on the project site could form a new roost), a preconstruction survey
for roosting bats shall also be conducted prior to any construction or large tree
removal. The survey shall be conducted by a qualified biologist.
Temporal avoidance and construction buffer zones. Construction buffer
zones will be established around active maternity colonies or a non-breeding
bat roost to avoid disturbance impacts. The buffer distance will be established
in consultation with CDFG and will be dependent upon the species, roost type
and the nature of the construction disturbance. Construction activities proposed
within this buffer distance shall commence after young are volant (flying, after
July 31) and end before maternity colonies form. CDFG considers the
maternity season to occur from March 1 to August 31.
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4.4.2.4 Conformance with Regulations that Protect Biological Resources
City of Cupertino Tree Ordinance
The proposed project requires the removal of a seven-inch diameter coast live oak tree, three-inch
diameter coast live oak tree, and approximately three coast live oak saplings. The project does not
include the removal of any protected tree; therefore, no tree removal permit is required. There are
protected trees, however, in the project vicinity that could be adversely affected by construction
activities. With implementation of the mitigation measure described below, the project would be
consistent with the City of Cupertino Tree Ordinance.
Impact BIO-4: Tree trimming or removal could violate City of Cupertino policies on tree
protection.
Mitigation Measure:
MM BIO-4.1: In accordance with the Cupertino Tree Ordinance, the project proposes to
implement standard tree protection measures to avoid impacts to trees remaining in
the project area:
The proposed trail has been aligned to be outside of the dripline of native trees
to the extent feasible to reduce effects on the root zones. The final design will
be reviewed by the City’s arborist to ensure that adverse impacts to trees have
been minimized or avoided.
To compensate for the loss of two non-protected oak trees, the project proposes
to plant two container-size native replacement trees. The replacement trees
would be planted on-site.
The proposed plantings, including replacement trees, would be maintained for a
five year period by the City.
Potential impacts to protected trees on or adjacent to the site resulting from
construction activities would be minimized by implementing measures
consistent with Chapter 14.18, Appendix A of the Cupertino Municipal Code:
Standards for the Protection of Trees during Grading and Construction
Operations of the City of Cupertino Tree Ordinance.
All pruning shall be completed or supervised by a certified arborist or the City
arborist and adhere to the Best Management Practices for Pruning of the ISA.
In the unlikely event that the final project design requires the removal of a
protected tree, a tree removal permit would be obtained. All requirements for
removal as stated in the tree removal permit, including the provision of
replacement trees, would be followed. The number and type of replacement
tree to be provided would be determined by the City of Cupertino, in
accordance with City policy and other requirements as applicable.
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4.4.3 Conclusion
The proposed project has been designed to avoid impacts to the oak woodland and riparian habitats
on the site. Avoidance measures would be implemented during construction to minimize potential
impacts to aquatic habitat. The project includes mitigation and avoidance measures to reduce and
avoid impacts to trees and special status animal species. The project would not result in significant
impacts to biological resources within the project area. (Less than Significant Impact with
Mitigation Incorporated)
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4.5 CULTURAL RESOURCES
The following discussion is based on the assessment prepared by Basin Research Associates, Inc. for
the Stevens Creek Corridor Park IS/MND.
4.5.1 Setting
4.5.1.1 Prehistoric Resources
The project area is within the ethnographic and historic boundaries of the Native American group
known as the Costanoan or the Ohlones. Numerous small and large size sites have been recorded in
the Santa Clara Valley, indicating occupation and use of the area extending over 5,000 years.
The project area is considered to have low to moderate archaeological sensitivity. According to the
Cultural Resources Assessment prepared for the Stevens Creek Corridor Park IS/MND, one
prehistoric site (CA-SCl-715)has been recorded on the west bank of Stevens Creek in the project
area, although the feature could not be field-confirmed. This recorded site is located approximately
19
0.25 miles north of the site. With the exception of this recorded site, the records search and
literature review did not identify any other recorded prehistoric and historic sites within a quarter-
mile of the study area. No archaeological resources were encountered during construction of Phase I
of the Stevens Creek Corridor Park project.
4.5.1.2 Historic Resources
The historic period of the San Francisco Bay region began in the late 1700’s when Spanish
expeditions begin to explore the area and establish missions and pueblos. All land was held by the
Spanish Crown until Mexico broke away from Spanish control in 1822. In 1848, at the end of the
Mexican American War, California became part of the United States.
No historic properties listed on the California Register of Historical Resources (CRHR) or National
Register of Historic Places (NRHP) were identified in or adjacent to the project area. Blackberry
20
Farm is listed as a California Point of Historical Interest. This property and four others within or
adjacent to Stevens Creek Corridor Park are listed on various Santa Clara County Heritage Resource
Inventories and/or are identified as City of Cupertino Historic Sites according to the City’s General
Plan. These properties include the Site of Elisha Stephen’s homestead, Louis Stocklmeir home,
Doyle winery site (foundation only), and McClellan Ranch Nature Preserve (including Baer’s replica
blacksmith shop and Enoch Parrish tank house).
4.5.1.3 Paleontological Resources
There are no known unique paleontological resources or sites or unique geologic features in the
project area.
19
Stevens Creek Corridor Park IS/MND, Appendix C. (Basin Research Associates. Cultural Resources Assessment,
Stevens Creek Corridor Master Plan. February 2006.)
20
California Points of Historical Interest are sites, buildings, features, or events that are of local (city or county)
significance. Blackberry Farm was listed as a Point of Historical Interest in 1975. Source: California Office of
>
Historic Preservation. “California Historical Resources.” <http://ohp.parks.ca.gov/listed_resources/
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4.5.2 Environmental Checklist and Discussion of Impacts
CULTURAL RESOURCES
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Cause a substantial adverse change in 1, 9, 11
the significance of an historical
resource as defined in §15064.5?
2) Cause a substantial adverse change in 1, 9, 11
the significance of an archaeological
resource as defined in §15064.5?
3) Directly or indirectly destroy a 1, 11
unique paleontological resource or
site, or unique geologic feature?
4) Disturb any human remains, 1, 9, 11
including those interred outside of
formal cemeteries?
4.5.2.1 Archaeological Resources
As previously described, the project area is considered to have low to moderate archaeological
sensitivity. No pre-construction subsurface testing is recommended for the proposed project.
Although not anticipated, there is a potential that subsurface archaeological materials could be
exposed during project construction. Any deposits discovered during subsurface construction could
contain potentially significant buried prehistoric and/or historic cultural materials, including Native
American human remains. No prehistoric or historic cultural resources were encountered during
construction of Phase I of the Stevens Creek Corridor Park project. However, if encountered,
disturbance to a cultural deposit could result in the loss of integrity and subsequent loss of scientific
information, which would be a significant impact.
Impact CUL-1: Construction of the proposed project could result in a significant impact to
archaeological resources, if disturbance occurs to as yet unknown prehistoric or
historic materials that may be encountered during grading activities on the site.
The following measures will be implemented to reduce potential impacts to
Mitigation Measures:
archaeological resources to a less than significant level:
MM CUL-1.1: Prior to the initiation of construction or ground-disturbing activities, the City
shall conduct a pre-construction field meeting to inform all contractors and
construction personnel of the potential for exposing subsurface cultural resources
and to recognize possible buried cultural resources. Personnel shall be informed
of the procedures that will be followed upon the discovery or suspected discovery
of archaeological materials, including Native American remains and their
treatment.
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MM CUL-1.2: Upon discovery of possible buried prehistoric and historic cultural materials
(including potential Native American skeletal remains), work within 25-feet of
21
the find shall be halted and the City shall be notified.
The City shall retain a qualified archaeologist to review and evaluate the find.
Construction work shall not begin again until the archaeological or cultural
resources consultant has been allowed to examine the cultural materials, assess
their significance, and offer proposals for any additional exploratory measures
deemed necessary for the further evaluation of, and/or mitigation of adverse
impacts to, any potential historical resources or unique archaeological resources
that have been exposed.
If the discovery is determined to be a unique archaeological or historical resource,
and if avoidance of the resource is not possible, the archaeologist shall inform the
City of the necessary plans for treatment of the find(s) and mitigation of impacts.
The treatment plan shall be designed to result in the extraction of sufficient
nonredundant archaeological data to address important regional research
considerations. The City shall insure that the treatment program is completed.
The work shall be performed by the archaeologist, and shall result in a detailed
technical report that shall be filed with the California Historical Resources
Information System, Northwest Information Center, CSU Rohnert Park.
Construction in the immediate vicinity of the find shall not recommence until
treatment has been completed.
If human remains are discovered, they shall be handled in accordance with State
law (Section 7050.5 of the Health and Safety Code and Section 5097.94 of the
Public Resources Code), including immediate notification of the County Medical
Examiner/Coroner.
MM CUL-1.3: All excavation contracts for the project shall contain provisions for stop-work in
the vicinity of a find in the event of exposure of significant archaeological
resources during subsurface construction. In addition, the contract documents
shall recognize the need to implement any mitigation conditions required by the
permitting agency. In general, the appropriate construction conditions should be
included within the general or special conditions section of any contract that has
the potential for ground disturbing operations.
21
Significant prehistoric cultural resources may include: Human bone – either isolated or intact burials;
Habitation (occupation or ceremonial structures as interpreted from rock rings/features, distinct ground depressions,
differences in compaction (e.g., house floors); Artifacts including chipped stone objects such as projectile points and
bifaces; Groundstone artifacts such as manos, metates, mortars, pestles, grinding stones, pitted hammerstones; Shell
and bone artifacts including ornaments and beads; Various features and samples including hearths (fire-cracked
rock; baked and vitrified clay), artifact caches, faunal and shellfish remains (which permit dietary reconstruction),
distinctive changes in soil stratigraphy indicative of prehistoric activities; and Isolated artifacts.
Objects and features associated with the historic period (the late 19th through early 20th centuries) may
include: Structural remains or portions of foundations (bricks, cobbles/boulders, stacked fieldstone, postholes, etc.);
Trash pits, privies, wells and associated artifacts; Isolated artifacts or isolated clusters of manufactured artifacts
(e.g., glass bottles, metal cans, manufactured wood items, etc.); and Human remains.
In addition, cultural materials including both artifacts and structures that can be attributed to Hispanic, Asian, and
other ethnic or racial groups are potentially significant; such features or clusters of artifacts and samples include
remains of structures, trash pits, and privies.
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4.5.2.2 Historic Resources
Given the nature of the proposed project, it would not affect the historic significance of Blackberry
Farm, McClellan Ranch, or any other properties listed on County or City historic resource
inventories. The project would not affect any structure that is eligible for inclusion in the California
Register of Historic Places or the National Register of Historic Places. Therefore, the proposed
project would not result in a significant impact to historic resources.
4.5.3 Conclusion
With the implementation of the mitigation measures listed above, the proposed project would not
result in a significant impact to archaeological resources in the event buried cultural materials are
encountered during project construction. (Less than Significant Impact with Mitigation
Incorporated)
The project would not affect any historic structures or paleontological resources. (No Impact)
Scenic Circle Access to Stevens Creek Trail 45 Initial Study/MND
City of Cupertino November 2010
4.6 GEOLOGY AND SOILS
4.6.1 Setting
4.6.1.1 Regional Geology
The project site is located in the Santa Clara Valley, which is bounded by the Santa Cruz Mountains
to the west, the Mt. Hamilton Diablo Mountain Range to the east, and the San Francisco Bay to the
north. Bedrock in this area is made up of the Franciscan Complex, a diverse group of igneous,
sedimentary and metamorphic rocks of Upper Jurassic to cretaceous age (70 to 140 million years
old).
4.6.1.2 Site Topography and Soils
The elevation of the site ranges from approximately 305 to 330 feet above sea level. The soil at the
22
site has been mapped as Garretson fine sandy loam (GpA).
This soil type is well drained and
23
Expansive soils shrink
moderately expansive with very slow surface runoff and no erosion hazard.
and swell as a result of moisture changes, which can cause heaving and cracking of slabs-on-grade,
pavements, and structures founded on shallow foundations. The site is not located within a Santa
24
Clara County Geologic Hazard Zone for landslides, compressible soils, or dike failure.
4.6.1.3 Seismicity and Seismic Hazards
The project site is located within the seismically active San Francisco Bay region. The major
earthquake faults in the project area are the San Andreas Fault (approximately four miles southwest
of the site), the Hayward Fault (approximately 10 miles east of the site), and the Calaveras Fault
(approximately 13 miles east of the site). The project site is located at the edge of the Santa Clara
County Fault Rupture Hazard Zone for the Monta Vista Fault, which is located approximately 0.5
25
miles to the south. The Monta Vista Fault is not identified as an Alquist-Priolo Earthquake Fault
26
Zone.
Liquefaction and Lateral Spreading
Seismically-induced liquefaction results in the transformation of loose water-saturated soils from a
solid state to a liquid state during ground shaking. Lateral spreading, a type of ground failure related
to liquefaction, involves the horizontal displacement of flat-lying alluvial material toward an open
area, such as a steep bank of a stream channel. Liquefaction-induced lateral-spreading usually occurs
on mild slopes with underlying loose sands and a shallow groundwater table. The potential of
lateral-spreading generally mirrors the liquefaction potential of the area.
The Stevens Creek channel is identified as a liquefaction hazard zone by the County of Santa Clara
27
and State of California. Given that part of the project site includes moderately steep creek banks,
there is also potential for lateral-spreading to occur during ground shaking.
22
County of Santa Clara, Department of Public Works. Soil Map. 1964.
23
United States Department of Agriculture, Soil Conservation Service. Soils of Santa Clara County. 1968.
24
County of Santa Clara. Santa Clara County Geologic Hazard Zones. Map 18. 2002.
25
County of Santa Clara. Santa Clara County Geologic Hazard Zones. Map 18. 2002.
26
Association of Bay Area Governments, Geographic Information Systems. “Alquist-Priolo Earthquake Fault
Zones.” March 2007.
27
California Department of Conservation, Division of Mines and Geology. Seismic Hazard Zones: Cupertino
Quadrangle Official Map. 2002.
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City of Cupertino November 2010
4.6.2 Environmental Checklist and Discussion of Impacts
GEOLOGY AND SOILS
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or
death involving:
a) Rupture of a known earthquake 10, 11
fault, as described 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.)
b) Strong seismic ground shaking?
1, 11
c) Seismic-related ground failure,
1, 12,
including liquefaction? 13
1, 12,
d) Landslides?
13
2) Result in substantial soil erosion or 1, 11
the loss of topsoil?
3) Be located on a geologic unit or soil
1, 12,
that is unstable, or that will become 13
unstable as a result of the project,
and potentially result in on- or off-
site landslide, lateral spreading,
subsidence, liquefaction or
collapse?
4) Be located on expansive soil, as
1, 11
defined in Table 18-1-B of the
Uniform Building Code (1994),
creating substantial risks to life or
property?
5) Have soils incapable of adequately 1
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewers are not
available for the disposal of
wastewater?
4.7.2.1 Soil and Geologic Hazards
As discussed above, there are no significant geologic hazards associated with the project site. The
proposed trail alignment conforms to existing topography, to the extent feasible, to minimize grading
required for project construction. The project would require approximately 75 cubic yards of
imported fill to construct the proposed approach ramps and trail connection in the sloped area near
Scenic Circle Access to Stevens Creek Trail 47 Initial Study/MND
City of Cupertino November 2010
Scenic Circle (refer to Section 4.9 Hydrology and Water Quality). Any cut or fill slopes adjacent to
the trail would be reseeded/replanted following project construction in the given area. The project
also includes construction of a retaining wall adjacent to the trail at the base of the sloped area near
Scenic Circle. Boulders may also be used in this area and at the bridge approach to provide
additional slope stabilization. The retaining wall design and grading plans will be prepared by a
licensed civil engineer and the project will be subject to review by the City Public Works
Department. These measures will help to ensure none of the proposed improvements would cause on-
or off-site instability.
As previously described, the proposed trail connection would be constructed on moderately
expansive soil. The trail itself would not be substantially affected by expansive soil conditions as it
could be repaired if heaving or cracking were to occur. The approach ramps and retaining walls will
be designed and constructed using standard engineering practices to minimize potential damage
resulting from the potential expansion or contraction of on-site soils. Given that the site is not within
a landslide hazard zone, the proposed project would not expose people or structures to significant
adverse effects involving landslides.
The project proposes to include a stabilizer in the trail surface to reduce erosion of the crushed or
decomposed granite or similar material. Grading and tree removal activities would increase the
potential for soil erosion during and after project construction. As described above, any cut or fill
slopes adjacent to the trail would be stabilized with retaining walls or vegetation. Providing
temporary and permanent cover to stabilize surfaces disturbed by grading activities will reduce the
potential for erosion or the loss of topsoil. In addition, Best Management Practices (BMPs) will be
implemented to prevent substantial erosion from occurring as a result of soil disturbing construction
activities (refer to Section 4.4 Biological Resources).
For these reasons, the proposed project would not result in significant geologic impacts related to
slope stability or erosion.
4.7.2.2 Seismicity and Seismic Hazards
It is expected that the project alignment could be subject to significant seismic events over the life of
the project. During a major earthquake on one of the region’s active faults, users of the proposed
trail connection would be exposed to hazards associated with severe ground shaking, including
seismic-induced liquefaction or lateral spreading. Although the project site is located at the edge of a
Santa Clara County Fault Rupture Hazard Zone, the likelihood of ground rupture across the proposed
trail alignment is low, given the distance to the mapped fault line.
The project does not include any structures that would expose people to substantial adverse effects
involving seismic hazards. The proposed approach ramps and stairway shall be designed and
constructed to minimize potential damage from seismic shaking and seismic-related hazards,
including liquefaction and lateral spreading. The project structures would be designed by a licensed
civil engineer and would comply with applicable codes to ensure the proposed design would not
result in significant seismicity impacts.
4.7.3 Conclusion
No structures are proposed by the project that would create substantial risks to life or property
associated with existing soil conditions or potential seismic hazards. Construction of the proposed
project would not result in significant geologic or erosion impacts. (Less than Significant Impact)
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City of Cupertino November 2010
4.7 GREENHOUSE GAS EMISSIONS
4.7.1 Setting
This section provides a general discussion of global climate change and focuses on emissions from
human activities that alter the chemical composition of the atmosphere. The discussion on global
climate change and greenhouse gas emissions is based upon the California Global Warming
Solutions Act of 2006 (Assembly Bill 32), the 2006 and 2009 Climate Action Team (CAT) reports to
Governor Schwarzenegger and the Legislature, and research, information and analysis completed by
the International Panel on Climate Change (IPCC), the United States Environmental Protection
Agency (USEPA), and the California Air Resources Board (ARB).
4.7.1.1 Background
Global climate change refers to changes in long-term weather patterns including temperatures,
precipitation, and wind patterns. Global temperatures are affected by the accumulation of naturally
occurring and anthropogenic (generated by human activities) atmospheric gases such as carbon
dioxide, water, and methane. These gases allow sunlight into the Earth’s atmosphere but prevent
heat from radiating back into outer space, thus altering the Earth’s energy balance. This phenomenon
is known as the “greenhouse effect”.
The combustion of fossil fuels for energy use is a major source of anthropogenic greenhouse gas
emissions. Transportation is the largest end-use source of carbon dioxide, which is the most
prevalent greenhouse gas. The US EPA estimates the carbon dioxide emissions for gasoline to be
28
19.4 pounds per gallon.
As a result of global climate change, extreme events such as heat waves, floods, droughts, wildfires,
29
and poor air quality are likely to become more frequent in the future in California.
4.7.1.2 Regulatory Framework
Agencies at the international, national, state, and local levels are considering strategies to control
emissions of gases that contribute to global warming. In California, Assembly Bill (AB) 32 requires
achievement of a statewide greenhouse gas emissions limit equivalent to 1990 emissions by 2020,
and the adoption of rules and regulations to achieve the maximum technologically feasible and cost-
effective greenhouse gas emissions reductions. The ARB and other state agencies are currently
working on regulations and other initiatives to implement the Climate Change Scoping Plan, which
was approved in 2008. By 2050, the state plans to reduce emissions to 80 percent below 1990 levels.
As required under state law (Public Resources Code section 21083.05), the California Natural
Resources Agency amended the State CEQA Guidelines to include this section on greenhouse gas
emissions (effective March 18, 2010). Under the new guidelines, a Lead Agency must describe,
calculate, or estimate greenhouse gas emissions resulting from a project by using a model, qualitative
analysis, and/or performance-based standards to assess impacts.
28
U.S. Environmental Protection Agency. “Emission Facts: Average Carbon Dioxide Emissions Resulting from
Gasoline and Diesel Fuel.” Last updated January 14, 2010. Accessed March 24, 2010.
>
<http://www.epa.gov/oms/climate/420f05001.htm
29
California Environmental Protection Agency. Draft Climate Action Team Report to Governor Schwarzenegger
and the Legislature. 2009. Available at: http://www.climatechange.ca.gov/publications/cat/.
Scenic Circle Access to Stevens Creek Trail 49 Initial Study/MND
City of Cupertino November 2010
Updated BAAQMD CEQA Guidelines
As previously described, BAAQMD recently adopted the CEQA Air Quality Guidelines as an update
to its previous CEQA Guidelines (1999). Under the new thresholds, projects that would result in
operational-related greenhouse gas emissions of 1,100 metric tons of carbon dioxide equivalents a
year or more would make a cumulatively considerable contribution to greenhouse gas emissions and
result in a cumulatively significant impact to global climate change. For comparison, 1,000 daily
vehicle trips (averaging seven miles per trip) would generate approximately 1,100 metric tons of
30
carbon dioxide per year.
4.7.2 Environmental Checklist and Discussion of Impacts
GREENHOUSE GAS EMISSIONS
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1, 14
1) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
1, 14
2) Conflict with an applicable plan,
policy or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?
4.7.2.1 Greenhouse Gas Emissions
As described above, the generation of greenhouse gases has significant indirect impacts on the
environment through global climate change. Given the overwhelming scope of global climate
change, it is not anticipated that a single development project would have an individually discernable
effect on global climate change. It is more appropriate to conclude that the greenhouse gas emissions
generated by the proposed project would combine with emissions across the state, nation, and globe
to cumulatively contribute to global climate change.
The proposed project would result in short-term emissions of greenhouse gases during trail
construction. Activities that would generate greenhouse gas emissions include site grading,
operation of fuel-operated equipment, transportation of construction materials (e.g., decomposed
granite, wood, fill, etc.), and vehicle trips to and from the project site by construction workers. Given
the scale of the proposed project, a substantial amount of greenhouse gases would not be generated
by the construction activities.
30
This estimate is based on the average fuel economy of 21 mile per gallon (mpg) and a carbon dioxide emission
rate of 19.4 pounds per gallon, as estimated by the US EPA. Source: U.S. Environmental Protection Agency.
“Emission Facts: Average Carbon Dioxide Emissions Resulting from Gasoline and Diesel Fuel.” Last updated
January 14, 2010. Accessed March 24, 2010. <http://www.epa.gov/oms/climate/420f05001.htm>
Scenic Circle Access to Stevens Creek Trail 50 Initial Study/MND
City of Cupertino November 2010
As previously described, automobile use is a main generator of carbon dioxide and other greenhouse
gases. The project would generate substantially less than 1,000 vehicle trips per day, as the proposed
trail connection is not intended to serve as a vehicular access point to Blackberry Farm Park or the
existing creek trail. As described in Section 4.3 Air Quality, the proposed project would encourage
residents to use non-motorized modes of transportation by providing a pedestrian/bicycle connection
between a residential neighborhood and a public park, creek trail, and schools east of the creek.
Therefore, the project could reduce vehicle trips in the project area, which would reduce the emission
of greenhouse gases in the long-term.
For these reasons, the proposed project would not result in greenhouse gas emissions that may have a
significant impact on the environment or make a substantial contribution to global climate change.
4.7.2.2 Consistency with Greenhouse Gas Reduction Plans
Under existing conditions, vehicle use is the predominant mode of transportation for commuters in
the region. By providing facilities for alternative modes to vehicle travel, the proposed project
supports long-term goals for reducing greenhouse gas emissions generated by vehicle use, as
previously described.Funding the construction of “bike/walk” infrastructure is identified as strategy
31
that local governments can implement to achieve greenhouse gas reduction goals. Therefore, the
project would not conflict with the 2008 Climate Change Scoping Plan or the goal of reducing
statewide emissions equivalent to 1990 levels by 2020.
4.7.3 Conclusion
The proposed project would not result in significant environmental impacts associated with
greenhouse gas emissions. (Less Than Significant Impact)
31
California Air Resources Board. Climate Change Proposed Scoping Plan Appendices, Volume I: Supporting
Documents and Measure Detail. October 2008. Page C-52.
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City of Cupertino November 2010
4.8 HAZARDS AND HAZARDOUS MATERIALS
4.8.1 Setting
4.8.1.1 Background Information
Hazardous materials include a broad range of common substances such as fuel, motor oil, pesticides,
detergents, paint, and solvents. A substance may be considered hazardous if, due to its chemical and
or/or physical properties, it poses a substantial hazard when it is improperly treated, stored,
transported, disposed of, or released into the atmosphere in the event of an accident. A “hazardous
waste” is any hazardous material that is discarded, abandoned, or to be recycled.
4.8.1.2 Existing Conditions
The project site primarily consists of undeveloped land and includes an existing pedestrian bridge
over Stevens Creek. The site is located within the riparian corridor and is bounded by a residential
neighborhood and a renovated community park. The southern portion of the project site (westerly
side of Stevens Creek) was previously used as one of several picnic areas in Blackberry Farm. The
park facilities, including a service building and tables, were removed in 2008. This area was recently
planted with upland vegetation. Prior to development of the existing residential and park uses, the
area was used for agricultural production, primarily as orchards.
The project site is located in a developed area of Cupertino. There are no wildland areas with a fire
32
risk near the project site. No public airports or private airstrips are located in the project vicinity
(within two miles). Monta Vista High School is located approximately 0.25 miles southeast of the
project site.
4.8.1.3 Regulatory Database Search
The Cortese List is used by the State, local agencies, and developers to identify the location of
hazardous materials release sites. The Cortese List is updated annually by the California
33
Environmental Protection Agency (Cal EPA), pursuant to Government Code §65962.5. The project
site is not listed on any database included in the Cortese List.
There is one property within a quarter mile of the site that is listed in the SWRCB database of leaking
underground storage tanks (LUST). The Tressler Property, located at 22110 McClellan Road
approximately 0.25 miles south of the site, is reported as having a leaking waste oil UST that affected
34
soil only. The regulatory agencies granted a case closure in 1997, indicating that the contamination
was contained and no further remedial action was necessary. Given the localized nature of soil
contamination and the distance to the project site, it is unlikely that the past release on the Tressler
Property would affect the trail alignment. Therefore, this LUST cleanup site is not considered a
potential source of contamination to the proposed project.
32
Stevens Creek Corridor Park IS/MND.
33
The Cortese List includes hazardous substance release sites identified by the Department of Toxic Substances
Control (DTSC) as subject to removal or remedial action, as well as lists maintained by the State Water Resources
Control Board (SWRCB) and the California Integrated Waste Management Board (CIWMB). The DTSC, CIWMB,
and SWRCB lists of hazardous materials sites are available online at
,
http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm
, and http://geotracker.swrcb.ca.gov/, respectively.
http://www.calrecycle.ca.gov/SWFacilities/Directory/search.aspx
34
State Water Resources Control Board. GeoTracker website. Accessed September 30, 2010.
<http://geotracker.swrcb.ca.gov/profile_report.asp?global_id=T0608501985.>
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City of Cupertino November 2010
4.8.2 Environmental Checklist and Discussion of Impacts
HAZARDS AND HAZARDOUS MATERIALS
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Create a significant hazard to the
1, 11,
public or the environment through the 15
routine transport, use, or disposal of
hazardous materials?
2) Create a significant hazard to the 1, 11,
public or the environment through 15
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into
the environment?
3) Emit hazardous emissions or handle 1
hazardous or acutely hazardous
materials, substances, or waste
within one-quarter mile of an
existing or proposed school?
4) Be located on a site which is
1, 11,
included on a list of hazardous 15
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?
5) For a project located within an 1
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 for people
residing or working in the project
area?
6) For a project within the vicinity of a 1
private airstrip, would the project
result in a safety hazard for people
residing or working in the project
area?
7) Impair implementation of, or 1, 11
physically interfere with, an
adopted emergency response plan
or emergency evacuation plan?
8) Expose people or structures to a 1, 11
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?
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City of Cupertino November 2010
The proposed project includes the construction of a trail connection between Scenic Circle and
Blackberry Farm Park via an existing pedestrian bridge. The project site is not included on any list
of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (Cortese List).
There are no known sources of hazardous material contamination that would affect the proposed trail
alignment.
Construction workers could be exposed to hazards if elevated concentrations of agricultural
chemicals such as pesticides are present in the soil. The project site is not identified as having the
35
potential for hazardous levels of pesticide residue. Given that vegetation restoration activities
under the Stevens Creek Corridor Park project incorporate Best Management Practices (BMPs)
dealing with the handling and application of herbicides and pesticides within the creek corridor, the
on-site habitat restoration area would not be considered a significant risk. Furthermore, construction
of the proposed project would not require major soil disturbance. For these reasons, the ongoing and
proposed vegetation restoration activities on the project site would not expose construction workers
to hazardous concentrations of agricultural chemicals.
Fuels, motor oil, and lubricants in use at a typical construction site could be considered hazardous.
The handling of hazardous materials during project construction would be completed in accordance
with local, state, and federal laws. The potential for an accidental release of chemicals that could
create a significant hazard is considered to be very low. To further minimize the risk of creating a
significant hazard through the use, transport, and disposal of potentially hazardous materials during
construction, the following BMPs from the Santa Clara Valley Water District (SCVWD) BMP
36
Handbook (2009 or most recent update) would be implemented:
HM-9 Vehicle and Equipment Cleaning
HM-10 Vehicle and Equipment Fueling
HM-11 Vehicle and Equipment Maintenance
HM-12 Hazardous Materials Management
HM-13 Spill Prevention
HM-14 Spill Kit Location
As discussed in Section 4.3 Air Quality, construction of the project would not result in a significant
impact associated with the emission of air pollutants. Operation of the proposed project (i.e., public
use of the proposed trail connection) would not involve the routine transport, use, disposal, emission,
or handling of hazardous materials. For these reasons, the proposed project would not expose the
public, environment, construction workers, or nearby school uses to significant hazards.
The construction and operation of the proposed project would not impair the implementation of an
adopted emergency response plan. Given that the proposed trail connection would not provide public
vehicular access through the corridor, the project would not affect any emergency evacuation routes.
The proposed project would improve emergency access in the project area by providing a formal,
code-compliant trail through an undeveloped public open space, as discussed in Sections 4.14 Public
Services and 4.16 Transportation.
4.8.3 Conclusion
The proposed project would not result in a significant impact related to the generation of or exposure
to hazardous materials. (Less Than Significant Impact)
35
Stevens Creek Corridor Park IS/MND.
36
These measures are described in detail in Appendix A of this Initial Study.
Scenic Circle Access to Stevens Creek Trail 54 Initial Study/MND
City of Cupertino November 2010
4.9 HYDROLOGY AND WATER QUALITY
This discussion is based on the Stevens Creek Corridor Park IS/MND and a memo report prepared by
Balance Hydrologics, Inc. (October 2010), which is contained in Appendix B.
4.9.1 Setting
The project site is located within the riparian corridor of Stevens Creek. The Stevens Creek
watershed encompasses 38 square miles in western Santa Clara County. The headwaters of Stevens
Creek originates on the west slope of the Santa Cruz Mountains. Downstream of the project site,
Stevens Creek flows through the northern portion of the City of Cupertino, and continues through the
Los Altos, Sunnyvale and Mountain View. This portion of the creek is completely surrounded by
urban development. After passing under Highway 101, Stevens Creek flows into Whisman Slough
and then empties into San Francisco Bay. Stevens Creek is part of the Lower Peninsula Watershed,
37
which includes six other creeks and encompasses a total of 98 square miles.
The creek was recently restored in the site vicinity through the removal of man-made features
(concrete walls, riprap, low-flow road crossings, and a diversion dam), channel widening, and
planting of native vegetation (refer to Section 3.1.2). With the recent completion of channel
restoration activities as part of the Stevens Creek Corridor Park – Phase I project, the hydrology of
the creek has been restored to more natural conditions.
4.9.1.1 Flooding and Drainage
According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map of
38
the project area, the site is located in Zone AE. This is a flood hazard area subject to inundation by
the one percent annual chance (100-year) flood. The project site is also located within the dam
39
inundation hazard zone for Stevens Creek. The site is not subject to inundation by seiche, tsunami,
or mudflow.
There are no existing drainage systems that convey the runoff to the creek within the project limits.
Stormwater runoff within the project site currently flows overland into the creek and/or percolates
through the soil to groundwater. There are existing storm drain outfalls at nearby locations within
the creek corridor.
4.9.1.2 Water Quality
The water quality of Stevens Creek depends on the volume of water, which varies throughout the
year, and the concentration of contaminated surface runoff that flows into the creek from storm
drains. Pollutants from unidentified sources, known as “non-point” source pollutants, are washed
from streets, construction sites, parking lots, and other exposed surfaces into storm drains. Urban
stormwater runoff often contains contaminants such as oil and grease, plant and animal debris (e.g.,
leaves, dust, animal feces, etc.), pesticides, litter, and heavy metals. In sufficient concentration, these
pollutants have been found to adversely affect the aquatic habitats to which they drain.
37
Santa Clara Valley Water District. “Fast Facts: Lower Peninsula Watershed.” Accessed October 6, 2010.
<http://www.valleywater.org/Services/LowerPeninsulaFastFacts.aspx>
38
Federal Emergency Management Agency. Flood Insurance Rate Map. Map Number 06085C0208H. May 18,
2009.
39
ABAG. Dam Failure Inundation Hazard Map for Cupertino. 1995. Available at: <http://www.abag.ca.gov/cgi-
bin/pickdamx.pl>
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City of Cupertino November 2010
Development and infrastructure projects can adversely affect the drainage and runoff pattern of a site
by increasing the impervious areas, decreasing natural vegetation, changing grading and soil
40
compaction, and creating new drainage facilities. These hydromodification activities can decrease
infiltration of stormwater into the ground, increase connectivity of runoff to creeks, and increase the
volume, duration, and frequency of flows. Overall, adverse hydromodification can cause stream
channel erosion, siltation of water bodies, on- and off-site flooding, and increased pollutant loads.
4.9.1.3 Regulatory Setting
The Federal Clean Water Act (CWA) requires local municipalities to implement measures to control
pollution from their storm sewer systems to the maximum extent practicable. In addition, the State
of California’s Porter-Cologne Water Quality Control Act of 1969 and other State legislation require
municipalities to protect water quality. Regulations set forth by the U.S. Environmental Protection
Agency (EPA) and the State Water Resources Control Board (SWRCB) have been developed to
fulfill the requirements of this legislation. These regulations are implemented at the regional level by
water quality control boards, which for the Cupertino area is the San Francisco Bay Regional Water
Quality Control Board (RWQCB). The RWQCB is also tasked with preparation and revision of a
41
regional Water Quality Control Plan, also known as the Basin Plan.
Total Maximum Daily Loads
Under Section 303(d) of the 1972 federal Clean Water Act, states are required to identify impaired
surface water bodies and develop total maximum daily loads (TMDLs) for contaminants of
42
The TMDL is the quantity of pollutant that can be safely assimilated by a water body
concern.
without violating water quality standards. Listing of a water body as impaired does not necessarily
suggest that the water body cannot support the beneficial uses; rather, the intent is to identify the
water body as requiring future development of a TMDL to maintain water quality and reduce the
potential for future water quality degradation.
Stevens Creek is listed by the U.S. EPA as an impaired water body for diazanon, toxicity, trash, and
43
water temperature. The main source for trash and diazanon has been determined to be urban runoff
from storm sewers. Channelization, habitat modification, and removal of riparian vegetation are
considered the primary reasons for the elevated water temperature in the creek.
National Pollution Discharge Elimination System
In compliance with federal and state regulations, the RWQCB has issued an area-wide National
Pollutant Discharge Elimination System (NPDES) Municipal Stormwater permit to the City of
Cupertino and the other 14 co-permittees that constitute the Santa Clara Valley Urban Runoff
40
Santa Clara Valley Urban Runoff Pollution Prevention Program. “Hydromodification Management Plan (HMP)”
Factsheet. May 2006. Available at: http://scvurppp-w2k.com/pdfs/0506/hmp_factsheet.pdf.
41
The Basin Plan identifies beneficial uses, which the Regional Board has specifically designated for local aquifers,
streams, marshes, rivers, and the Bay, as well as the water quality objectives, and criteria that must be met to protect
these uses. The RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements to
control water quality and protect beneficial uses.
42
California State Water Resources Control Board. “Total Maximum Daily Load Program.” 2009. Accessed June
>
16, 2010. <http://www.swrcb.ca.gov/water_issues/programs/tmdl/303d_lists2006_approved.shtml
43
California State Water Resources Control Board. “Impaired Water Bodies.” Updated June 14, 2010. Accessed
June 16, 2010. <http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml>
Scenic Circle Access to Stevens Creek Trail 56 Initial Study/MND
City of Cupertino November 2010
44
Pollution Prevention Program (SCVURPPP). The provisions of the NPDES Municipal permit
require each of the co-permittees to implement Best Management Practices (BMPs) to reduce
stormwater pollution from new development or redevelopment projects to the maximum extent
practicable.
Under Provision C.3 of the NPDES Municipal permit, projects that create, add, or replace 10,000
square feet or more of impervious surface area are required to control post-development storm water
through source control and treatment control BMPs. The proposed trail connection would not create
10,000 square feet or more of impervious surface and is exempt from Provision C.3 requirements.
Additional hydromodification controls are required for projects that create, add, or replace one acre
or more of impervious surfaces within an area where increases in runoff flow or volume can cause
increased erosion of creek beds and banks. According to the Hydromodification Management Plan
(HMP) Applicability Map for the SCVURPPP, the project alignment is located in a subwatershed
that is less than 65 percent impervious; however, given that construction of the proposed trail
connection would add less than one acre of impervious surface, the proposed project would be
45
exempt from the additional HMP requirements in the NPDES permit.
NPDES General Permit for Construction Activity
All construction projects in the state are regulated by the NPDES General Permit for Storm Water
Discharges Associated with Construction Activity, which requires the preparation of a Storm Water
Pollution Prevention Plan (SWPPP) and the filing of a Notice of Intent (NOI) with the State Water
Resources Control Board (SWRCB) for all projects that disturb an area of one acre or greater.
SWPPPs outline how the project will prevent polluted stormwater runoff and sediment from entering
the storm drainage system and local creeks. Given that the proposed project would disturb
approximately one half acre (22,000 square feet of land), it would not be required to obtain coverage
46
under the Construction General Permit Order 2009-0009-DWQ, effective July 1, 2010.
44
The SCVURPPP was developed in accordance with the requirements of the 1986 San Francisco Bay Basin Water
Quality Control Plan, which was revised in 1995. The purpose of the program is to reduce water pollution
associated with urban stormwater runoff, which includes metals, pesticides, herbicides, and other contaminants such
as oil, grease, lead, and animal waste.
45
SCVURPPP. Classification of Subwatersheds and Catchment Areas for Determining Applicability of HMP
.
Requirements. Map. February 2009. Available at: http://www.scvurppp-w2k.com/hmp.shtml
46
California Environmental Protection Agency, State Water Resources Control Board. “Construction Storm Water
Program.” Updated December 2009. Accessed March 1, 2010.
<http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml>
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4.9.2 Environmental Checklist and Discussion of Impacts
HYDROLOGY AND WATER QUALITY
Less Than
PotentiallySignificantLess Than
Beneficial Information
WithNo Impact
SignificantSignificant
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1, 11
1) Violate any water quality standards
or waste discharge requirements?
2) Substantially deplete groundwater 1
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 would not support existing
land uses or planned uses for which
permits have been granted)?
3) Substantially alter the existing 1, 11
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river, in a
manner which would result in
substantial erosion or siltation on-
or off-site?
4) Substantially alter the existing
1, 11,
drainage pattern of the site or area, 16
including through the alteration of
the course of a stream or river, or
substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on-or off-site?
5) Create or contribute runoff water 1
which would exceed the capacity
of existing or planned storm water
drainage systems or provide
substantial additional sources of
polluted runoff?
1, 11
6) Otherwise substantially degrade
water quality?
1
7) Place housing within a 100-year
flood hazard area as mapped on a
Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other
flood hazard delineation map?
8) Place within a 100-year flood
1, 16,
hazard area structures which 17
would impede or redirect flood
flows?
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HYDROLOGY AND WATER QUALITY
Less Than
PotentiallySignificantLess Than
Beneficial Information
WithSignificantNo Impact
Significant
Impact Source(s)
Mitigation
Impact Impact
Incorporated
Would the project:
9) Expose people or structures to a
1, 11,
significant risk of loss, injury, or 16
death involving flooding,
including flooding as a result of
the failure of a levee or dam?
1
10) Be subject to inundation by seiche,
tsunami, or mudflow?
4.9.2.1 Flooding and Drainage Impacts from the Project
According to the FEMA map, the proposed trail alignment is within the 100-year flood hazard zone
of Stevens Creek. The proposed approach ramps and stairway to the existing pedestrian bridge
would be constructed at the top of the creek bank. No project features are proposed in the low flow
channel or within wetland habitat areas.
Flooding
Although the proposed project would be constructed within the 100-year floodplain, hydrologic
impacts resulting from the project have been minimized through the preliminary design process. The
project is designed to minimize cut and fill by conforming the trail to existing grade to the extent
feasible, which helps maintain the conveyance capacity of the floodway. As described in Section
3.2.7, it is anticipated that the project would require approximately 75 cubic yards of imported fill to
construct the proposed approach ramps and trail connection in the sloped area near Scenic Circle.
The proposed trail connection would generally conform to existing grade along the primary flood
conveyance zone on the project site; therefore, it is unlikely that fill used for project construction
47
would affect flood water elevations. In addition, the width of the floodplain in the site vicinity
provides a large volume of flood conveyance capacity, which further reduces the potential for the
proposed trail and associated improvements to impede or redirect flood flows. For these reasons, the
proposed project would not result in significant flooding impacts.
Drainage
The proposed trail would consist of crushed or decomposed granite or a similar material. The project
proposes to include a stabilizer in the trail surface to reduce the potential for erosion. While crushed
or decomposed granite with stabilizer is not completely impervious, for purposes of this analysis, it is
assumed that construction of a trail would add approximately 2,500 square feet of impervious
48
surfaces to the project area. In accordance with Santa Clara Valley Water District (SCVWD)
guidelines, surface water will be diverted from the trail by cross-sloping the trail surfacing by up to
two percent where needed. Runoff would be directed to the surrounding pervious surfaces. Given
the linear and narrow nature of the proposed increase in paved surfaces, the proposed project would
not substantially increase the rate or amount of surface runoff.
47
Balance Hydrologics, Inc. “Scenic Circle Proposed Path Potential Flood Concerns Evaluation.” October 2010.
48
Hill Associates. Personal communication. October 2010.
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Grading and filling for construction of the proposed trail connection and approach ramps could affect
the natural drainage pattern; however, the trail alignment conforms to grade to the extent possible
and substantial grading and filling would not be required. Furthermore, the project proposes to
support any cut or fill slopes adjacent to the trail connection with retaining walls and disturbed slopes
will be reseeded or replanted following project construction. In addition, the project has been
designed to avoid tree removal to the maximum extent feasible. Maintaining vegetation protects soil
structure and aids in soil permeability, which minimizes potential effects on drainage and water
quality resulting from erosion and siltation.
For these reasons, the proposed project would not alter the existing drainage pattern in a manner that
could contribute to flooding or result in substantial erosion or siltation in the project area.
4.9.2.2 Flooding Impacts to Proposed Structures and Trail Users
The project does not include the development of residential uses, and therefore, it would not place
housing within a 100-year flood hazard area.
Given the project site’s location within the floodplain, the project would be exposed to occasional
flood events. The wooden approach ramps and stairway would be designed and constructed to
withstand routine high flow events; however, there is the potential that some reconstruction may be
required in the event of a major flood event. Decomposed or crushed granite (or similar material)
could be replaced in the event the trail surface is washed away during a flood event(s). Therefore,
potential damage to proposed structures as a result of flooding would not be significant.
As with the existing creek trail through the Stevens Creek Corridor Park, the proposed trail
connection would close during flooding events. Therefore, trail users would not be subjected to
impacts from flooding.
4.9.2.3 Water Quality
Long-term Impacts
To minimize the potential for littering, the City proposes to install trash and recycling receptacles
inside Blackberry Farm Park near the proposed access point on Scenic Circle, beyond the gate. Park
rangers would be responsible for daily pick up of trash/recyclables in vicinity of the gate, which
would reduce the potential for litter generated by trail users to enter Stevens Creek. In addition, the
presence of trail users within the creek area could discourage unlawful activity, including illegal
dumping. The project could also improve access to the creek for volunteer creek clean-ups, which is
49
an institutional control commonly used in the area for removing trash from urban creeks.
Therefore, the project is not anticipated to increase the amount of trash entering the creek or cause
additional sources of pollution.
As previously described, the proposed project is not expected to generate a substantial amount of
stormwater runoff. As further described in Section 4.10 Land Use, the proposed project would be
consistent with the SCVWD’s Guidelines and Standards for Land Use Near Streams, which contain
strategies for protecting water resources in Santa Clara County.
49
SCVURPPP. Trash BMP Toolbox. September 2007.
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For these reasons, the project would not substantially increase polluted runoff or otherwise degrade
the water quality of Stevens Creek or San Francisco Bay.
Short-term Impacts
Construction of the proposed project would require minor grading and the removal and/or trimming
of trees at the embankment along Scenic Circle. These activities may result in temporary impacts to
surface water quality by increasing the potential for sedimentation during construction. Surface
runoff during construction could discharge into the creek. Chemicals commonly used during
construction (i.e., fuel, lubricants, solvents, and motor oil) could also degrade water quality if
allowed to enter the creek.
As described in Section 4.4 Biological Resources, temporary impacts to aquatic habitat will be
avoided by staging construction equipment in upland and/or currently developed areas to the
maximum extent feasible.
The proposed project includes implementation of applicable BMPs from the SCVWD’s BMP
Handbook (most recent update), as listed in Appendix A. The project also proposes to implement
applicable construction BMPs in the SCVURPPP’s Blueprint for a Clean Bay (Bay Area Stormwater
Management Agencies Association, 2004). The proposed erosion control measures are intended to
retain sediment on the site during grading operations, site preparation, and project construction. For
example, silt fencing would be placed on the downslope along the construction zone. Proposed
BMPs also include hazardous materials management, spill prevention, and site maintenance
measures that are intended to avoid impacts associated with chemical and fuel use during
construction (refer to Section 4.8 Hazards and Hazardous Materials).
With implementation of these BMPs, the proposed project would not result in significant
construction-related impacts to water quality.
4.9.3 Conclusion
The proposed project would not substantially alter the existing drainage pattern of the project area or
expose structures or people to significant risk involving flooding. The project includes standard
BMPs to avoid impacts to water quality during construction. (Less than Significant Impact)
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4.10 LAND USE
4.10.1 Setting
4.10.1.1 Existing Uses in the Project Area
The project site is located within Stevens Creek Corridor park lands, a public open space area that
was developed under a restoration and master plan approved in 2006 (refer to Section 3.1.1
Background). The proposed trail alignment travels through oak woodland and riparian habitats.
The project would connect Scenic Circle (located on the west side of the creek) to Blackberry Farm
Park and the existing Stevens Creek Trail (on east side of the creek) via an existing pedestrian bridge.
Scenic Circle is a local street that serves single-family residences. Blackberry Farm Park was
converted to a year-round community park in 2009 and consists of picnic areas, swimming pools, a
children’s play area, and other recreational facilities. McClellan Ranch Park, Monta Vista High
School, Kennedy Middle School, and Lincoln Elementary School are also located east of the creek in
the general project vicinity.
4.10.1.2 ApplicableLand Use Plans, Policies, and Regulations
The project site is not located within an area covered by an adopted habitat conservation plan or
natural community conservation plan.
Cupertino General Plan
The project site is designated as Parks and Open Space on the Cupertino General Plan Land Use
Map (2005). This land use designation is intended to ensure the availability of land for the
preservation of natural resources and for recreational purposes. The Scenic Circle neighborhood is
designated as Low Density Residential.
The City of Cupertino’s General Plan contains policies related to open space, parks and trails, as well
as environmental resources. Promoting more trails and connectivity along creeks, hillsides, and
through neighborhoods is a major goal of the General Plan. The Stevens Creek Corridor is
considered Cupertino’s most prominent urban open space resource and is identified as a major trail
corridor in the city. The General Plan includes policies and strategies related to the enhancement of
the Stevens Creek Corridor as a community resource.
The following policies in the Land Use/Community Design Element of the General Plan are most
relevant to the proposed project:
Policy 2-75: Park Walking Distance
Ensure that each household is within a half-mile walk of a neighborhood park, or community
park with neighborhood facilities, and that the route is reasonably free of physical barriers,
including streets with heavy traffic. Wherever possible, provide pedestrian links between
parks.
Policy 2-73: Open Space and Trail Linkages
Dedicate or acquire open space lands and trail linkages to connect areas and provide for a
more walkable community.
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Relevant policies in the Environmental Resources/Sustainability Element of the General Plan
include:
Policy 5-10: Landscaping Near Natural Vegetation
Emphasize drought tolerant and pest-resistant native and non-invasive, non-native, drought
tolerant plants and ground covers when landscaping properties near natural vegetation,
particularly for control of erosion from disturbance to the natural terrain.
Policy 5-11: Natural Area Protection
Preserve and enhance the existing natural vegetation, landscape features and open space
when new development is proposed.
Policy 5-13: Recreation in Natural Areas
Limit recreation in natural areas to activities compatible with preserving natural vegetation,
such as hiking, horseback riding, mountain biking and camping.
Policy 5-14: Recreation and Wildlife Trails
Provide open space linkages within and between properties for both recreational and wildlife
activities, most specifically for the benefit of wildlife that is threatened, endangered or
designated as species of special concern.
Cupertino Ordinances
The proposed project would be subject to Cupertino’s Zoning Ordinance. The majority of the project
site is zoned PR – Park and Recreation with a very small portion zoned R1-7.5, Single Family
Residential. The Scenic Circle neighborhood is also zoned R1-7.5 on the Cupertino Zoning Map
(2010).
ThePark and Recreation zone regulates the land uses and recreational activity permitted within
publicly owned parks within the City. In addition to parks, playgrounds, recreation facilities, and
nature preserves, other permitted uses in the Park and Recreation zoning district include agricultural
uses, single-family residences for the purpose of housing a caretaker of the park, and parking or other
accessory facilities incidental to the permitted uses.
The Cupertino Tree Ordinance is addressed in Section 4.4 Biological Resources, and the Noise
Ordinance is addressed in Section 4.12 Noise.
Santa Clara County – Countywide Trails Master Plan Update
The1995 Countywide Trails Master Plan Update (Master Plan Update) was prepared as an element
of the Santa Clara County General Plan. The Master Plan Update includes strategies and policies to
direct the County’s trail implementation efforts well into the twenty-first century. The Master Plan
Update also identifies potential trail routes throughout the county. The Stevens Creek Trail is
identified as a sub-regional trail crossing the cities of Mountain View, Sunnyvale, Los Altos, and
Cupertino linking the San Francisco Bay Trail with the Bay Area Ridge Trail.
The Master Plan Update includes design, use, and management guidelines for the implementation of
new county trails. The guidelines address trails and land use compatibility, environmental
protection, emergency access, easements, trail design, visual screening, fire protection, signage, and
maintenance. The guidelines in the Master Plan Update are generally directed to rural areas in the
County. The guidelines are intended to provide general guidance, rather than standards that dictate
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the trail design. Each trail should be evaluated individually, taking into account actual field
conditions and trail route/land use relationships.
Strategies and policies included in the County’s Master Plan Update for the purpose of addressing
environmental effects of trail development include the following:
Provide recreation, transportation, and other public trail needs in balance with environmental
and landowner concerns.
Trail routes shall be located, designed and developed with sensitivity to their potential
environmental, recreational, and other impacts on adjacent lands and private property.
Adequately operate and maintain trails so that user safety, resource conditions, and adjacent
land uses are not compromised.
Trails shall be temporarily closed when conditions become unsafe or environmental
resources are severely impacted.
Levels-of-use and types-of-use on trails shall be controlled to avoid unsafe use conditions or
severe environmental degradation.
Santa Clara Valley Water District (SCVWD)
The SCVWD is a special purpose governmental agency with jurisdiction over all creeks, channels,
and floodways that are within the district’s boundaries. An encroachment permit must be obtained
from the SCVWD for construction on land either owned by, or under easement to, the district.
Otherwise, each city or the County has permitting authority for streamside activities on all properties
located within 50 feet from the top of bank.
The SCVWD’s Water Resources Protection Collaborative developed the Guidelines and Standards
for Land Use Near Streams to assist local agencies, homeowners, and developers about the
permitting requirements, with the ultimate goal of protecting streams and adjacent property owners.
If a proposed project falls within the “streamside review area,” the permitting agency reviews the
permit application using these guidelines. A Streamside Permit from the City of Cupertino would be
required for the proposed project.
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4.10.2 Environmental Checklist and Discussion of Impacts
LAND USE
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Physically divide an established 1, 18
community?
2) Conflict with any applicable land use 1, 4, 18,
plan, policy, or regulation of an agency 19
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?
3) Conflict with any applicable habitat 1
conservation plan or natural
community conservation plan?
The proposed project is the construction of a trail connection on land within Blackberry Farm Park.
Construction of the proposed project would occur within the existing public right-of-way.No
existing land uses on the project site or in the surrounding area would be altered as a result of the
proposed project.
4.10.2.1 Land Use Compatibility
The proposed trail connection would be used for non-motorized travel (i.e., walking, jogging,
bicycling, etc.). Equestrian use would not be permitted, although leashed dogs would be allowed.
The project is intended to provide alternative transportation options and enhance recreational
opportunities for residents that live in the area. The proposed access point to the trail connection is
located as far from the nearest residences as practical, in conformance with Santa Clara County’s
trail design guidelines for land use compatibility. The City of Cupertino held two meetings with
residents during the conceptual design phase of the trail connection to provide the opportunity for
community input and to help ensure neighborhood concerns were considered in the project proposal.
The trail connection has been designed to minimize conflicts with existing land uses in the
surrounding area, including existing residential uses and public parks/open space.
The project does not include any features that would divide established communities. Currently,
Stevens Creek divides the residential areas to the west with the public amenities to the east, and a
limited number of vehicular and pedestrian bridges serve as connections. The proposed trail project
would connect an existing residential area to parks, public open space, schools, and the city’s trail
network. The proposed project would improve connectivity and would not physically divide the
surrounding community.
As described in Section 4.16 Transportation, the proposed project is not anticipated to attract vehicle
traffic to the Scenic Circle neighborhood. The project is intended to serve residents travelling by foot
or bicycle. Existing parking would continue to be available at Blackberry Farm and McClellan
Ranch Parks for park and trail users arriving by vehicle, and “No Park Parking” signage would be
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posted at Scenic Circle to discourage vehicle parking. Scenic Circle is an isolated neighborhood that
does not provide an obvious access point to the park, and the proposed project is not expected to
attract a substantial volume of people. The project includes additional options for parking control
should the proposed Tier 1 measure not be effective at discouraging people from parking their
vehicles on Scenic Circle (refer to Section 3.2.4 of the Project Description). Therefore, the proposed
project would not result in land use impacts as a result of increased traffic in the Scenic Circle
neighborhood.
For the reasons described above, the proposed project would not result in significant land use
compatibility impacts.
4.10.2.2 Conformance withLand Use Plans
Cupertino Zoning Ordinance
The proposed project would not conflict with the PR – Park and Recreation or R1-7.5 zoning on the
site. The PR – Park and Recreation is intended to allow a range of recreational facilities for public
use, including trails. The project would be consistent with these zoning districts, because it would
provide pedestrian and bicycle facilities for resident use. The project is intended to enhance the
enjoyment of park users, while minimizing effects on nearby private property owners.
Cupertino General Plan
The proposed project is consistent with the Cupertino General Plan land use designation of Parks and
Open Space because it is the construction of a trail connection for recreational uses. The proposed
improvements along Scenic Circle, including the at-grade access point, would not conflict with the
General Plan land use designations of adjacent residential properties. The proposed project is
consistent with the intended use of Stevens Creek Corridor park lands by improving connectivity to a
major trail corridor and encouraging resident use of the open space areas and community parks.
The project is consistent with the above Land Use policies as it would provide a more walkable
community by dedicating a trail linkage connecting residential and parks/open space areas. The
project would help the City further its goal of ensuring that each household is within a half-mile walk
of a community park by providing a direct pedestrian connection between the Scenic Circle
neighborhood and Blackberry Farm Park.
The project is also consistent with the policies in the Environmental Resources/Sustainability
Element of the Cupertino General Plan. The proposed project would provide open space linkages for
both recreational and wildlife activities, would incorporate recreational use compatible with
preserving natural vegetation, and use native vegetation in the restoration of woodland habitat within
the Stevens Creek corridor. The project also includes measures to avoid and minimize impacts to
biological and water resources during construction.
Where applicable, other General Plan policies are discussed in the relevant environmental sections as
they relate to other environmental issues (e.g. General Plan Noise policies are discussed in the Noise
section).
Santa Clara County Countywide Trails Master Plan
The proposed project is the connection to a sub-regional trail as identified in the 1995Countywide
Trails Master Plan Update. The proposed project would not conflict with the intended uses of the
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trail (i.e., hiking and biking). The Master Plan Update was considered during the conceptual design
stage for the proposed trail connection. Guidelines have been incorporated into the project with the
purpose of reducing or avoiding environmental impacts, as described in Sections 4.4 Biological
Resources and 4.14 Public Services. The proposed project is generally consistent with strategies and
guidelines in Santa Clara County’s Countywide Trails Master Plan Update and the associated
Uniform Interjurisdictional Trail Design, Use, and Management Guidelines.
Santa Clara Valley Water District (SCVWD)
A Streamside Permit from the City of Cupertino would be obtained for the proposed project. The
SCVWD’s Guidelines and Standards for Land Use Near Streams were considered during the design
development of the proposed trail connection and the design is consistent with applicable guidelines.
4.10.2.3 Construction-related Impacts
Project construction could cause temporary annoyances to the residential uses adjacent to the site.
As discussed in Sections 4.3 Air Quality and 4.12 Noise, the proposed project includes mitigation and
avoidance measures to reduce short-term impacts to adjacent residential uses to a less than significant
level.
During project construction, trucks would be used to haul materials to and from the site.
Construction vehicle and equipment access would occur from both the east and west sides of the
creek, since the project involves work and improvements on both sides. Given the size and nature of
the proposed project, truck traffic volumes are expected to be low. It is estimated that the delivery of
imported fill would require approximately 12 truck trips, and trail material delivery would involve
approximately eight truck trips. Construction activity, including material deliveries, would occur in
conformance with the Cupertino Municipal Code. For these reasons, construction-related traffic is
not expected to significantly affect residential neighborhoods.
4.10.3 Conclusion
The proposed project would not result in significant impacts associated with land use compatibility.
The project does not conflict with any applicable land use plan, policy, or regulation. (Less than
Significant Impact)
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4.11 MINERAL RESOURCES
4.11.1 Setting
Mineral resources found and extracted in Santa Clara County include construction aggregate deposits
such as sand, gravel, and crushed stone. The Santa Clara County General Plan (1995) does not
identify any significant mineral resource area in the urbanized areas of the County, including the
project area.
4.11.2 Environmental Checklist and Discussion of Impacts
MINERAL RESOURCES
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1
1) 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?
2) Result in the loss of availability of a 1
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
The project site is not located within a designated area containing mineral deposits of regional or
local significance and therefore, would not result in the loss of availability of a known mineral
resource.
4.11.3 Conclusion
The proposed project would not result in a significant impact from the loss of availability of a known
mineral resource. (No Impact)
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4.12 NOISE
4.12.1 Setting
Noise is generally defined as unwanted sound. Noise levels are usually measured and reported in
decibels (dB), which is a numerical expression of sound levels on a logarithmic scale.
4.12.1.1 Applicable Noise Standards and Policies
According to the Cupertino General Plan (2005), the maximum normally acceptable Community
Noise Exposure Level (CNEL) level for outdoor recreation areas is 70 dB for playgrounds and
50
neighborhood parks. The City of Cupertino has a comprehensive noise ordinance (Chapter 10.48
of the Cupertino Municipal Code) that regulates both temporary (construction) and permanent noise
levels that are allowed within the City.
The project site is not located within an airport land use plan or within the vicinity of a private airstrip
or public use airport.
4.12.1.2 Existing Noise Sources
In Cupertino, the predominant source of noise is from vehicle and truck traffic on the City’s
roadways. The major roads in the project area include Stevens Creek Boulevard, Foothill Boulevard,
Byrne Avenue, and McClellan Road. Large picnic groups at Blackberry Farm Park during the
summer are also a source of noise in the vicinity of the existing pedestrian bridge on the project site.
4.12.1.3 Sensitive Receptors
Residential land uses are considered to be more “sensitive” to noise because some associated activities
require a quiet noise environment, such as sleeping. Sensitive noise receptors in the project vicinity
include the single-family residences located in the Scenic Circle neighborhood to the south. The
closest residence is located approximately 65 feet from the project site.
50
CNEL is a 24-hour average of noise levels, with a five dBA penalty applied to the hourly Leq for noise occurring
from 7:00 p.m. to 10:00 p.m, and 10 dB penalties applied for noises occurring between 10 p.m. and 7 a.m.
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4.12.2 Environmental Checklist and Discussion of Impacts
NOISE
Less Than
Significant
PotentiallyLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project result in:
1) Exposure of persons to or generation 1, 4,
of noise levels in excess of standards 11, 18
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
2) Exposure of persons to, or generation 1, 11
of, excessive groundborne vibration
or groundborne noise levels?
3) A substantial permanent increase in 1, 11
ambient noise levels in the project
vicinity above levels existing without
the project?
4) A substantial temporary or periodic
1, 11
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
5) For a project located within an 1
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?
6)For a project within the vicinity of a 1
private airstrip, would the project
expose people residing or working in
the project area to excessive noise
levels?
4.12.2.1 Long-Term Noise Impacts
The residences located on Scenic Circle south of the site are considered noise sensitive uses. Long-
term noise related to the proposed project would be from the trail users. Specific sources would
typically consist of human behaviors (conversations, laughing, shouting, etc.) and warning bells
mounted on bicycles. Typical noise levels associated with a shout or ringing bell would be 65-70
decibels at a distance of 20 feet, with conversations and laughing measuring 50-55 decibels at the
same distance. While it is likely that occasional noise from trail users would be audible at nearby
residences, the effects would not be significant based on the following facts:
The noise generated by the proposed trail connection would be consistent with the existing
sources of ambient noise, given the neighborhood setting and proximity to park uses.
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City of Cupertino November 2010
The proposed trail connection will be open daily during park hours and will be locked at all
other times, eliminating the potential for any trail-generated noise to disturb residences
during the noise-sensitive nighttime hours. Currently park hours are sunrise to a half hour
51
after sunset.
The provision of parking for users of the trail connection is not included in the project. The
trail connection is intended to serve local pedestrians and bicyclists. Park and trail parking
would be discouraged with the posting of signage in the Scenic Circle neighborhood (refer to
Section 3.2.4). Therefore, the proposed project would not result in a significant increase in
traffic noise on Scenic Circle.
Given the intermittent use of the trail during day-time hours and the relatively low increase in noise,
the proposed project would not result in a substantial permanent increase in ambient noise levels in
the project area above existing levels. The proposed project would not generate noise levels in
excess of long-term standards established in the Cupertino General Plan or noise ordinance.
Impacts to the Trail Users
Ambient noise levels along the proposed trail connection would be consistent with the noise levels in
the surrounding residential neighborhood and Blackberry Farm Park. Therefore, trail users would
not be exposed to levels in excess of Cupertino standards for park and trail uses.
4.13.2.2 Short-Term Construction Noise
Construction of the trail and other project improvements would result in short-term, localized
increases in ambient noise levels at adjacent residential and park uses during the expected
construction period (approximately four months). Given that construction noise depends on the type
of activity, noise levels would vary considerably day-to-day, and nearby residents would not be
continuously exposed to maximum noise levels throughout the construction period. Noise levels are
expected to be highest during site grading, which is anticipated to require approximately one month.
The proposed project would be subject to the Cupertino Noise Ordinance, including the following
restrictions in Section 10.48.053, “Grading, Construction and Demolition”:
A.Grading, construction and demolition activities shall be allowed to exceed the noise limits of
Section 10.48.040 during daytime hours; provided, that the equipment utilized has high-
quality noise muffler and abatement devices installed and in good condition, and the activity
meets one of the following two criteria:
1.No individual device produces a noise level more than eighty-seven dBA at a distance of
twenty-five feet (7.5 meters); or
2.The noise level on any nearby property does not exceed eighty dBA.
B.Notwithstanding Section 10.48.053A, it is a violation of this chapter to engage in any
grading, street construction, demolition or underground utility work within seven hundred
fifty feet of a residential area on Saturdays, Sundays and holidays, and during the nighttime
period, except as provided in Section 10.48.030.
51
Park hours may be adjusted in the future to accommodate school activities at public schools in the area per City
Council direction on October 5, 2010; however, if implemented, this adjustment is not expected to result in noise
that would be considered significant.
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City of Cupertino November 2010
C.Construction, other than street construction, is prohibited on holidays, except as provided in
Sections 10.48.029 and 10.48.030.
D.Construction, other than street construction, is prohibited during nighttime periods unless it
meets the nighttime standards of Section 10.48.040.
By limiting construction to daytime hours and prohibiting certain construction activities during
nighttime hours and on weekends and holidays, the potential for construction noise to disturb
residences during the noise-sensitive hours would be minimized. In addition, by restricting heavy
construction activities to the hours when the majority of residents may be at work or school, the
number of people affected by elevated noise levels is reduced.
Given that completion of the project would require less than one construction season, the effects of
construction on ambient noise levels would be temporary in nature. The project would not require
the extended use of any heavy equipment that would generate a substantial prolonged increase in
ambient noise levels in the project vicinity. The project would comply with the Cupertino Noise
Ordinance and includes additional avoidance measures to control construction noise. For these
reasons, construction of the proposed project would not result in significant noise impacts to
surrounding residential uses during construction.
4.13.3 Conclusion
The proposed project would not result in significant short- or long-term noise impacts to surrounding
residential uses. Impacts to future trail users as a result of the existing ambient noise levels in the
project area would also be less than significant. (Less than Significant Impact)
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4.13 POPULATION AND HOUSING
4.13.1 Setting
According to the Association of Bay Area Governments (ABAG), the population of the City of
Cupertino in 2000 was 50,546. The population of Cupertino is expected to increase to approximately
52
57,100 in 2030. There are no dwelling units located on the site.
4.13.2 Environmental Checklist and Discussion of Impacts
POPULATION AND HOUSING
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Induce substantial population growth 1
in an area, either directly (for
example, by proposing new homes
and businesses) or indirectly (for
example, through extension of roads
or other infrastructure)?
2) Displace substantial numbers of
1
existing housing, necessitating the
construction of replacement
housing elsewhere?
3)Displace substantial numbers of 1
people, necessitating the construction
of replacement housing elsewhere?
The proposed project is the construction of a trail connection within a developed area of Cupertino.
The trail connection would link an existing neighborhood street (Scenic Circle) to an existing trail
through Blackberry Farm Park, utilizing an existing pedestrian bridge over Stevens Creek. The
project is intended to serve the residential population in the project area.
The proposed project does not include the demolition of existing structures, and therefore, it would
not displace any housing. Given the nature of the project and that the surrounding area is currently
served by transportation infrastructure, the construction of the proposed trail would not induce
growth in the area.
4.14.3 Conclusion
The proposed project would not affect population or housing within the project area or regionally.
No mitigation measures are required or proposed. (No Impact)
52
Association of Bay Area Governments. Projections 2009.
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City of Cupertino November 2010
4.14 PUBLIC SERVICES
4.14.1 Setting
4.15.1.1 Fire and Police Service
The proposed project is located within an urbanized area of Cupertino. Fire, police, and emergency
services are provided by Santa Clara County. The closest fire station is the Monta Vista Fire Station,
which is located on Stevens Creek Blvd west of South Foothill Boulevard, approximately one mile
from the project site. The Santa Clara County Sheriff Department provides police patrol services,
criminal investigation, traffic enforcement, accident investigation and tactical teams for the City of
Cupertino.
4.15.1.2 Schools, Parks, and Other Public Services
The project site is located within the public open space area of the Stevens Creek Corridor park
lands, which include Blackberry Farm and McClellan Ranch Parks. Blackberry Farm Park, a
community park, is located on the east side of the creek, adjacent to the project site. McClellan
Ranch Park is located east of the creek, south of Scenic Circle. Although the neighborhood is
essentially bounded by these two parks, there is no direct connection and residents currently have to
use streets outside of the neighborhood to access these parks. Using the McClellan Road route, the
walking distance from the Scenic Boulevard/Palm Avenue intersection to the entrance of McClellan
Ranch Park is approximately 0.38 miles, while distance to the entrance of Blackberry Farm Park is
approximately 1.09 miles. An additional public neighborhood park, Monta Vista Park, is located
approximately 0.35 miles (walking distance) west of the Scenic Circle neighborhood.
The project alignment connects to an approximately 0.7-mile long reach of the Stevens Creek Trail
that runs along the east side of the creek through Blackberry Farm and McClellan Ranch parks. The
public parks and associated creek trail within Stevens Creek Corridor are open to the public daily. A
Park ranger patrols these facilities.
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4.14.2 Environmental Checklist and Discussion of Impacts
PUBLIC SERVICES
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Result in substantial adverse physical
impacts associated with the provision
of new or physically altered
governmental facilities, the 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? 1
Police Protection? 1
Schools?
1
Parks?
1
Other Public Facilities? 1
4.15.2.1 Fire and Police Service
The project could potentially increase the need for police and fire protection services because the trail
connection would be located in an area not currently open to the public (although this area was
formerly used as a group picnic area until its removal in 2008). The introduction of more individuals
along the proposed alignment may increase calls for service within the project area. The reported
incidents, if any, are expected to be similar to those that occur at neighborhood parks or other trails in
the region. The proposed project, however, would not result in a significant increase in the need for
fire or police services within the project area.
Furthermore, the presence of trail users within the creek area could discourage unlawful activity,
including the setting of fires. The construction of the trail itself could also improve emergency
access to the west side of the creek, which is fairly secluded due to the existing fencing along Scenic
Circle.
Adequate fire, police, and emergency access would be maintained on the project site during and after
construction. Adequate water supply to fight fires is provided by existing fire hydrants located
within the adjacent residential neighborhood, an existing hydrant located approximately 130 feet
from the east end of the bridge, and other hydrants in the public park area. For these reasons, no new
police or fire facilities would be needed to maintain response times or other performance objectives.
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City of Cupertino November 2010
4.15.2.2 Schools, Parks, and Other Public Services
The proposed project is the construction of a trail connection that would provide direct, year round
pedestrian and bicycle access from the Scenic Circle neighborhood to a community park and existing
creek trail. Because the proposed project does not include the construction of new buildings or land
uses, it would not generate students served by local schools or increase the demand for parks and
other public facilities such as community centers or libraries.
As discussed in Section 4.10 Land Use, the purpose of the proposed project directly supports the
Cupertino General Plan goal of ensuring that each household is within a half-mile walk of a
community park, because the trail connection would substantially reduce the walking distance from
the residential area west of the creek to Blackberry Farm Park and other public parks such as
McClellan Ranch Park. By supporting the City’s performance objectives for walkability,
connectivity, and park access, the proposed project would have a beneficial effect on the provision of
public parks in Cupertino.
The proposed trail connection would result in a slight increase in the need for trail maintenance by
the City of Cupertino maintenance staff and/or rangers. The trail would require regular maintenance
such as litter and dog waste pickup, emptying trash receptacles, sweeping or removing major debris
from the trail, and repairs. The City’s park rangers would perform light maintenance duties at the
park and on the trail. Major maintenance activities would be implemented by City maintenance or
public works staff, as is the case for Stevens Creek Trail.
The Trail Use and Management Guidelines in the Countywide Trails Master Plan Update (1995)
include measures intended to ensure that trails would be adequately maintained, including trail
closure or repair as warranted; good pruning practices; corrective work for drainage or erosion
problems; and replacement of damaged gates, fences, and barriers. As with the existing Stevens
Creek Trail through Blackberry Farm and McClellan Ranch parks, these measures would be
implemented as part of the operation of the proposed trail connection project.
While the proposed trail and access point would result in an additional trail access area to be
maintained, the existing maintenance facilities of the City of Cupertino would be adequate to serve
the project. The project site is within Blackberry Farm Park and is operated and maintained by the
City. There would be no need for any new or additional maintenance facilities to maintain
performance objectives for public trail facilities.
4.15.3 Conclusion
The proposed project could result in a slight increase in the demand for police and fire protection;
however, emergency access to the creek area would be improved overall. The project would provide
additional recreational opportunities within the project area. Therefore, the project would not result
in significant impacts to public services and no mitigation measures are proposed or required. (Less
than Significant Impact)
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4.15 RECREATION
4.15.1 Setting
The project site is located within a primarily residential area of Cupertino. As described in Section
4.14Public Services, there are several public parks within the project area. Blackberry Farm Park
includes various recreational features including swimming pools, children’s play areas, and other
amenities. McClellan Ranch Park includes a nature preserve, trails, and a community garden.
4.15.2 Environmental Checklist and Discussion of Impacts
RECREATION
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Increase the use of existing
1
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of
the facility would occur or be
accelerated?
2) Does the project include recreational 1
facilities or require the construction
or expansion of recreational facilities
which might have an adverse physical
effect on the environment?
As described in Section 3.1.2, the proposed trail connection would serve as an access point to
Blackberry Farm Park and the Stevens Creek Trail from the Scenic Circle neighborhood for residents
travelling by foot or bicycle. The proposed project is intended to enhance recreational opportunities,
improve connectivity with the citywide trail network, and increase access to open space and
parkland. Linking to existing trails also maximizes use of trail amenities (i.e., restrooms, trash
receptacles, bike racks, parking, etc.). Because the project would improve resident access, it could
incrementally increase use of Blackberry Farm Park and other recreational facilities in the area such
as McClellan Ranch Park and the creek trail. It is not anticipated that this change would result in the
accelerated or substantial deterioration of these existing recreational facilities.
The proposed project is the construction of a recreational facility: a trail connection within a public
open space area. The project would not result in significant environmental effects with the
implementation of avoidance and mitigation measures, as described in this Initial Study. The project
would not require the expansion of other recreational facilities that might have an adverse physical
effect on the environment.
4.16.3 Conclusion
The project would not result in physical deterioration of existing recreational facilities. No
mitigation measures are required or proposed. (Less than Significant Impact)
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City of Cupertino November 2010
4.16 TRANSPORTATION
4.16.1 Setting
The project alignment is bounded by Scenic Circle to the south (on the west side of the Stevens
Creek) and an existing creek trail through Blackberry Farm Park to the north (east side of the creek).
Regional access to the project site is provided by State Route (SR) 85 and Interstate 280.
Scenic Circle is a neighborhood street that serves single-family residences. It forms a loop and
connects to Scenic Boulevard at the intersection with Palm Avenue. Access to the Scenic Circle
neighborhood is provided by Foothill Boulevard via Palm Avenue, McClellan Road via Mira
Vista/Palm Avenue, and local streets via Scenic Boulevard.
Blackberry Farm Park is located off San Fernando Avenue. Local access to the park is provided by
McClellan Road via Byrne Avenue. The creek trail extends northward from McClellan Road at
McClellan Ranch Park.
The proposed project is not near a private or public airport.
4.16.1.1 Pedestrian, Bicycle, and Transit Facilities
Sidewalks are provided along the “inner” side of Scenic Circle adjacent to the residences, but not
along the creek-side of the street. Although some roads lack sidewalks, crosswalks, and designated
bike lanes, most neighborhood streets in the area are suitable for bicycle and pedestrian travel due to
the low traffic volumes and vehicle speeds, including Scenic Circle.
On-street bike lanes are provided on McClellan Road (east of Byrne Avenue), Stevens Creek
Boulevard, and Foothill Boulevard in the project area. McClellan Road between Byrne Avenue and
53
Foothill Boulevard has a street rating of “alert” according to the VTA’s Bikeways Map (2008).
This rating is given to streets with moderate traffic volumes and speeds, a medium-width travel area
for bicycles (along shoulders or curb lanes), and a moderate to high parking turnover.
The Santa Clara Valley Transportation Authority (VTA) provides transit service in the project area.
The closest bus route to the site is Route 51, which runs along Stevens Creek Boulevard,
54
Route 51 provides service between De Anza College and
approximately 0.5 miles to the north.
Moffett Airfield.
4.16.1.2 Regulatory Framework
As described in Section 4.11 Land Use, the Cupertino General Plan contains policies that support the
creation of trail linkages. Cupertino’s Pedestrian Transportation Plan (2002) and Bicycle
Transportation Plan (1998) also outline the City’s goals to increase walkability and expand the
bicycle network. In addition, Santa Clara County’s 1995 Countywide Trails Master Plan Update and
the associated Uniform Interjurisdictional Trail Design, Use, and Management Guidelines identify
potential trail routes and include guidelines for trails.
53
Rated streets are frequently used by bicyclists. The street ratings on VTA’s Bikeways Map include “Extreme
.
Caution” to “Alert” to “Moderate”. The map is available at: http://www.vta.org/schedules/bikeways_map.html
54
Santa Clara Valley Transportation Authority. Bus & Rail Map. Effective January 11, 2010. Available at:
http://www.vta.org/schedules/pdf/bus_rail_map_a.pdf.
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City of Cupertino November 2010
Congestion Management Program
VTA is the Congestion Management Agency (CMA) for Santa Clara County and oversees the
County’s Congestion Management Program (CMP). In conformance with state legislation, the
County’s CMP contains the five mandatory elements: 1) a system definition and traffic level of
service (LOS) standard element; 2) a transit service and standards element; 3) a transportation
demand management and trip reduction element; 4) a land use impact analysis element; and 5) a
capital improvement element. The CMP also includes a Multimodal Performance Measures Element
to evaluate how well the CMP Transportation System serves the traveling public.
The CMP Transportation System consists of three networks: roadway, transit, and bicycle. The
roadway network includes interstate highways, state highways, county expressways, and principal
arterials. CMP-designated intersections are monitored for conformance with the CMP’s traffic level
55
of service standard (LOS E). CMP-designated roadway facilities in the project vicinity include
Stevens Creek Boulevard, I-280, and SR 85.
According to the CMP, bicycles play a significant role in the countywide transportation system by
56
providing both direct transportation and access to public transit services. Therefore, one of the
goals of the CMP is to provide for safe and convenient bicycling for various types of trips, such as
work, school, errands, and recreation by focusing improvements on the cross-county bicycle
57
corridors. The CMP bicycle network is based on the countywide bicycle plan, originally adopted
by VTA in 2000 and updated in 2008. According to the 2008 Santa Clara Countywide Bicycle Plan,
the Stevens Creek Trail is designated as a cross-county bicycle corridor.
55
Santa Clara Valley Transportation Authority. VTA Transportation Handbook. 2009. Available at:
.
http://www.vta.org/brochures_publications/transportation_handbook.html
56
Ibid.
57
Santa Clara Valley Transportation Authority. Draft 2007 CMP. November 2007.
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City of Cupertino November 2010
4.16.2 Environmental Checklist and Discussion of Impacts
TRANSPORTATION/TRAFFIC
Less Than
Less Than
PotentiallySignificant
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Conflict with an applicable plan, ordinance 1, 18,
or policy establishing measures of 19
effectiveness for the performance of the
circulation system, taking into account all
modes of transportation including mass
transit and non-motorized travel and
relevant components of the circulation
system, including but not limited to
intersections, streets, highways and
freeways, pedestrian and bicycle paths, and
mass transit?
2) Conflict with an applicable congestion 1
management program, including, but not
limited to level of service standards and
travel demand measures, or other standards
established by the county congestion
management agency for designated roads or
highways?
3) Result in a change in air traffic patterns, 1
including either an increase in traffic levels
or a change in location that results in
substantial safety risks?
4) Substantially increase hazards due to a 1
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
land uses (e.g., farm equipment)?
5) Result in inadequate emergency access? 1
6) Conflict with adopted policies, plans, or 1, 18,
programs regarding public transit, bicycle, 19
or pedestrian facilities, or otherwise
decrease the performance or safety of such
facilities?
Given that the project site is not near a private or public airport, the project would not affect air
traffic patterns.
4.16.2.1 Performance of the Circulation System
The proposed project is the construction of a trail connection from Scenic Circle to Blackberry Farm
Park. As previously described, the proposed trail connection would link a residential area with
community parks/open space, schools, and the city’s trail network. By providing residents with
additional opportunities for using non-motorized modes of transportation, the project enhances the
viability of trails as a travel option and may result in fewer vehicle trips in the community.
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City of Cupertino November 2010
The proposed trail connection would basically serve as an additional access point to the park and
creek trail. The project, however, is intended to serve the residents in the area travelling by foot or
bicycle and not be a major access point. The creation of new vehicular parking for trail use is not
part of the project. Visitors to Stevens Creek Trail and Blackberry Farm and McClellan Ranch parks
that arrive by vehicle would continue to use the existing parking facilities on the east side of the
creek. As described in Section 3.2.4, a sign would be posted on Scenic Boulevard at the entrance to
the Scenic Circle neighborhood to discourage users of Stevens Creek Trail and park visitors from
parking their vehicles on Scenic Circle. Additional parking control measures would be implemented
should the proposed Tier 1 measure not be effective at restricting park and trail parking. Therefore,
the proposed project is not expected to generate significant vehicle traffic in the Scenic Circle
neighborhood.
Because the project is not expected to generate significant vehicle trips and could even reduce
vehicle use in the city in the long-term, it would not result in significant transportation impacts
caused by increased traffic congestion. The proposed trail connection would expand the network of
pedestrian/bicycle facilities in the community, as well as improve conditions for non-motorized
travel, as described below. For these reasons, the project could result in an overall beneficial effect
on the performance of the city’s circulation system.
4.16.2.2 Hazards
No design features that would increase hazards are included in the proposed project. All components
of the proposed trail project, including the access point, approach ramps, and stairway, would be
constructed according to the requirements of the Americans with Disabilities Act (ADA).
The proposed construction of an off-street pathway would provide a safer facility for non-motorized
travel. By utilizing an existing pedestrian bridge over the creek, the project allows for a continuous
off-street alignment and reduces exposure of pedestrian and bicyclists to conflicts with vehicles. In
contrast, trails that utilize on-street alignments typically pose additional safety issues, particularly on
streets that lack sidewalks and/or bicycle lanes. As previously described, McClellan Road has a
street rating of “alert”, and the use of the proposed trail connection would avoid potential conflicts
with vehicles, pedestrians, and bicyclists on this street and other busy roadways in the area.
Therefore, the project would improve safety conditions for local school children by allowing a more
direct and safer route to the tri-school area east of the creek (including Monta Vista, Kennedy, and
Lincoln Schools).
No sidewalks are located along the creek side of Scenic Circle; however, low traffic volumes and
vehicle speeds should allow for the safe travel of pedestrians to the proposed trail access point.
Because the proposed project is designed to minimize hazards and provide an off-street alternative
for pedestrians and bicyclists, the project would not result in significant safety impacts.
4.16.2.3 Impacts to Transit
By providing a direct connection to an existing creek trail that is proposed to extend north to Stevens
Creek Boulevard, the proposed project would ultimately improve access to the nearest bus route on
Stevens Creek Boulevard. The proposed project would not adversely affect transit service within the
project area and could even complement the use of transit as a commute option. Therefore, the
proposed project would not conflict with policies, plans, or programs supporting transit.
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4.16.2.4 Emergency Access
Emergency personnel would be able to access the project site from Scenic Circle and Blackberry
Farm Park. The proposed project may improve emergency access to the west side of the creek by
providing a formal pathway through an open space area that is currently closed to the public.
4.16.2.5 Consistency with Plans, Policies, and Programs
As described in Section 4.11 Land Use, the project is generally consistent with the policies regarding
bicycle transportation and encouraging alternatives to the use of the automobile in the Cupertino
General Plan. The project is also generally consistent with the Santa Clara County’s 1995
Countywide Trails Master Plan and associated Uniform Interjurisdictional Trail Design, Use, and
Management Guidelines. The conceptual design process for the proposed project took into account
environmental conditions, land use compatibility, connectivity with the trail network, and safety.
The project is consistent with the City’s goals to increase walkability and expand the bicycle network
as outlined in Cupertino’s Pedestrian Transportation Plan (2002) and Bicycle Transportation Plan
(1998).
Because the proposed project is not expected to generate vehicle traffic, it would not affect CMP-
designated roadways in the project area. The project supports the development of a cross-county
bicycle corridor, as established in the 2008 Santa Clara Countywide Bicycle Plan. The project is
consistent with the CMP goal to provide for safe and convenient bicycling for a variety of trip types,
as described above. For these reasons, the proposed project would not conflict with any applicable
plan, ordinance, or policy that measures the performance of the circulation system or supports public
transit, bicycle, or pedestrian facilities.
4.16.3 Conclusion
The proposed trail connection would expand the network of pedestrian and bicycle facilities in the
project area. The proposed project would not result in significant transportation impacts. No
mitigation measures are required or proposed. (Less than Significant Impact)
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4.17 UTILITIES AND SERVICE SYSTEMS
4.17.1 Setting
The project area is currently served by existing utility lines. An existing irrigation system is located
on the site in the flat area west of Stevens Creek. This system supports an upland vegetation
restoration area that is currently maintained by the City.
4.17.2 Environmental Checklist and Discussion of Impacts
UTILITIES AND SERVICE SYSTEMS
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
Would the project:
1) Exceed wastewater treatment 1
requirements of the applicable
Regional Water Quality Control
Board?
2) Require or result in the construction of 1
new water or wastewater treatment
facilities or expansion of existing
facilities, the construction of which
could cause significant environmental
effects?
3) Require or result in the construction of 1
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
4) Have sufficient water supplies 1
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements
needed?
5) Result in a determination by the 1
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?
1
6) Be served by a landfill with sufficient
permitted capacity to accommodate the
project’s solid waste disposal needs?
7) Comply with federal, state, and local 1
statutes and regulations related to solid
waste?
The project does not include the construction or expansion of any new utilities, including storm
drains, water pipelines, or sewer lines. The existing irrigation system on the site would be modified
to accommodate the proposed trail alignment and proposed added plantings; however, these
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City of Cupertino November 2010
improvements would not require substantial ground disturbance and would not cause any significant
environmental effects. The project would not substantially affect demand for water supplies.
Wildlife-resistant trash/recycling receptacles would be provided on the project site. Park rangers
would be responsible for daily pick up of the trash/recyclables disposed in the proposed receptacles.
The project would not generate substantial amounts of solid waste, and landfills serving the project
area would have sufficient capacity to accommodate the project’s incremental increase in disposal
needs.
4.17.3 Conclusion
The proposed project would not result in significant impacts to utilities and service systems.
Therefore, no mitigation measures are required or proposed. (Less than Significant Impact)
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4.18 MANDATORY FINDINGS OF SIGNIFICANCE
Less Than
PotentiallySignificantLess Than
Beneficial Information
SignificantWithSignificantNo Impact
Impact Source(s)
Impact MitigationImpact
Incorporated
1) Does the project have the potential to 1, 7, 9,
degrade the quality of the environment, 11
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 eliminate
important examples of the major periods
of California history or prehistory?
2) Does the project have impacts that are 1, 11
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the
incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)?
3) Does the project have environmental 1, 4, 10,
effects which will cause substantial 11, 12,
adverse effects on human beings, either 13, 15
directly or indirectly?
4) Does the project have the potential to 1, 6, 18,
achieve short-term environmental goals 19
to the disadvantage of long-term
environmental goals?
4.18.1 Environmental Effects of the Proposed Project
As determined in the previous sections of this Initial Study, the project would not result in significant
environmental impacts with the implementation of mitigation and avoidance measures. These
measures would ensure that existing biological resources and possible buried archaeological
resources would not be significantly impacted by the project. For these reasons, the proposed project
will not substantially degrade the quality of the environment, significantly affect protected plant or
wildlife species, or eliminate important examples of California history or prehistory.
The proposed project would expand the pedestrian/bicycle network and improve safety conditions for
non-motorized travel in the community. Final project design will be completed by appropriately
licensed professionals and subject to review by the City to ensure the proposed design meets
applicable code requirements. For these reasons, construction of the proposed project would not
result in significant long-term or short-term environmental effects to human beings, either directly or
indirectly.
Scenic Circle Access to Stevens Creek Trail 85 Initial Study/MND
City of Cupertino November 2010
While the project could result in temporary, construction-related effects to air quality, noise, and
water quality, the project would not result in any significant impacts with implementation of the
proposed mitigation and avoidance measures. The project is consistent with several long-term
environmental goals, such as increasing access to parks and improving walkability in the community.
For these reasons, the proposed project does not have the potential to achieve short-term
environmental goals to the disadvantage of long-term environmental goals.
4.18.2 Cumulative Impacts of the Proposed Project
The project site is located adjacent to an established, primarily residential area of Cupertino. As
described in various sections of this Initial Study, the City is carrying out a Master Plan for the
Stevens Creek Corridor. Many elements of the Stevens Creek Corridor Park Master Plan have been
completed, including Phase I improvements. The proposed project complements the beneficial
effects of the Master Plan elements by providing trail facilities and improving non-motorized access
to public park lands.
In addition to implementation of Phase 2 of the Master Plan, there are three other projects that have
been approved within Stevens Creek Corridor. These include: 1) the construction of an
environmental education building at McClellan Ranch; 2) the relocation of the Blacksmith Shop at
McClellan Ranch; and 3) Blackberry Farm Infrastructure upgrades. No other improvements under
the Stevens Creek Corridor project are planned in the vicinity of the trail connection project site.
The City-initiated projects could result in similar temporary construction-related air quality and noise
impacts as the proposed project, although standard avoidance and mitigation measures would be
implemented to reduce impacts to surrounding land uses and natural resources (if applicable) to a less
58
than significant level. Given the distance to McClellan Ranch Park (approximately one quarter
mile away), the construction of an environmental education building and the relocation of the
Blacksmith Shop would not affect the same receptors. Furthermore, construction of these two
projects, as well as implementation of Phase 2 of the Stevens Creek Corridor Master Plan, is not
expected to occur at the same time as the proposed Scenic Circle project. While the construction
period for the Blackberry Farm Infrastructure project could overlap with the construction of the
proposed trail connection, the park upgrades would also not substantially affect the residential uses
on Scenic Circle, due to the nature of the planned improvements and distance to the nearest
residences.
The proposed project, in combination with the other improvement projects described above, would
not result in any adverse cumulative impacts. There are no other known projects that could result in
similar impacts as the proposed project currently foreseen for the project area. For these reasons, the
proposed project would not result in impacts that are individually limited, but cumulatively
considerable.
4.18.3 Conclusion
The proposed project would not result in unavoidable or unmitigatable significant environmental
impacts. (Less Than Significant Impact with Mitigation Incorporated)
58
City of Cupertino. Stevens Creek Corridor Park Master Plan and Restoration Plan Initial Study. 2006.
Scenic Circle Access to Stevens Creek Trail 86 Initial Study/MND
City of Cupertino November 2010
Checklist Sources:
1.Professional judgment and expertise of the environmental specialist preparing this assessment,
based upon a review of the site and surrounding conditions, as well as a review of the project
plans.
2.California Department of Transportation. “California Scenic Highway Mapping System.” 2010.
3.California Department of Conservation, Division of Land Resource Protection, Farmland
Mapping and Monitoring Program. Santa Clara County Important Farmland 2008. Map.
2009.
4.City of Cupertino. Zoning Ordinance. 2010.
5.Bay Area Air Quality Management District. CEQA Air Quality Guidelines. June 2010.
6.Bay Area Air Quality Management District. Bay Area 2010 Clean Air Plan. 2010.
7.Thomas Reid Associates. Biotic Reports for the Stevens Creek Corridor Park Master Plan.
April 2006.
8.City of Cupertino. Tree Ordinance. 2010
9.Basin Research Associates. Cultural Resources Assessment for the Stevens Creek Corridor
Park Master Plan and Restoration Plan. 2006.
10.Association of Bay Area Governments (ABAG). “Geographic Information Systems, Hazard
Maps | Alquist-Priolo Earthquake Fault Zones.” Official Map of Alquist-Priolo Earthquake
Fault Zones reproduced with permission from California Geological Survey. 2001.
11.City of Cupertino. Stevens Creek Corridor Park Master Plan and Restoration Plan Initial
Study. 2006.
12.California Department of Conservation, Division of Mines and Geology. Seismic Hazard
Zones: Cupertino Quadrangle Official Map.2002.
13.County of Santa Clara. Santa Clara County Geologic Hazard Zones (Compressible Soil Hazard
Zones, Landslide Hazard Zones, and Dike Failure Hazard Zones; and Liquefaction Hazard
Zones). Map 18. 2002.
14.California Air Resources Board for the State of California. Climate Change Proposed Scoping
Plan Appendices, Volume I: Supporting Documents and Measure Detail. October 2008. Page
C-52.
15.Department of Toxic Substances, “Hazardous Waste and Substances Site List - Site Cleanup
. California Integrated
(Cortese List),” http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm
Waste Management Board, Solid Waste Information System (SWIS),
. State Water Resources
http://www.calrecycle.ca.gov/SWFacilities/Directory/search.aspx
Control Board, Geotracker website, http://geotracker.swrcb.ca.gov/.
16.Balance Hydrologics, Inc. “MEMOScenic Circle Proposed Path Potential Flood Concerns
Evaluation.” October 2010.
17.Federal Emergency Management Agency. Flood Insurance Rate Map. Map Number
06085C0208H. May 18, 2009.
18.City of Cupertino. General Plan 2000 – 2020. 2005.
19.Santa Clara County. Countywide Trails Master Plan Update (1995) and Uniform
Interjurisdictional Trail Design, Use, and Management Guidelines (1999).
Scenic Circle Access to Stevens Creek Trail 87 Initial Study/MND
City of Cupertino November 2010
SECTION 5.0 REFERENCES
Association of Bay Area Governments. “Geographic Information Systems, Hazard Maps | Alquist-
Priolo Earthquake Fault Zones.” Official Map of Alquist-Priolo Earthquake Fault Zones
reproduced with permission from California Geological Survey. 2001. Accessed February 22,
2010. <http://gis.abag.ca.gov/>
---.Dam Failure Inundation Hazard Map for Cupertino. 1995. Available at:
<http://www.abag.ca.gov/cgi-bin/pickdamx.pl>
Balance Hydrologics, Inc. “Scenic Circle Proposed Path Potential Flood Concerns Evaluation.”
October 2010.
Basin Research Associates. Cultural Resources Assessment for the Stevens Creek Corridor Park
Master Plan and Restoration Plan. 2006.
Bay Area Air Quality Management District. CEQA Air Quality Guidelines. June 2010.
---.2010 Clean Air Plan. September 2010. Available at:
<http://www.baaqmd.gov/Divisions/Planning-and-Research/Plans/Clean-Air-Plans.aspx>
---. “Particulate Matter.” Accessed April 13, 2010. <http://www.baaqmd.gov/Divisions/Planning-
and-Research/Particulate-Matter.aspx>
Bay Area Stormwater Management Agencies Association. Start at the Source – Design Guidance for
Stormwater Quality Protection. 1999. Available at:
<http://www.cleanwaterprogram.org/uploads/SAS_Manual_index.pdf>
California Air Resources Board for the State of California. Climate Change Proposed Scoping Plan
Appendices, Volume I: Supporting Documents and Measure Detail. October 2008. Page C-52.
California Department of Conservation, Division of Land Resource Protection, Farmland Mapping
and Monitoring Program. Santa Clara County Important Farmland 2008. Map. 2009.
California Department of Conservation, Division of Mines and Geology. Seismic Hazard Zones:
Cupertino Quadrangle Official Map.2002.
California Department of Transportation. “California Scenic Highway Mapping System.” Accessed
October 1, 2010. <http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm>
California Environmental Protection Agency, State Water Resources Control Board. “Construction
Storm Water Program.” Updated July 2010. Accessed October 11, 2010.
<http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml>
---.Draft Climate Action Team Report to Governor Schwarzenegger and the Legislature. 2009.
Available at: http://www.climatechange.ca.gov/publications/cat/.
California Integrated Waste Management Board, Solid Waste Information System (SWIS),
http://www.calrecycle.ca.gov/SWFacilities/Directory/search.aspx.
California Office of Historic Preservation. “California Historical Resources.”
<http://ohp.parks.ca.gov/listed_resources/>
Scenic Circle Access to Stevens Creek Trail 88 Initial Study/MND
City of Cupertino November 2010
California State Water Resources Control Board. Geotracker website. Accessed September 30, 2010.
<http://geotracker.swrcb.ca.gov/
>
---. “Impaired Water Bodies.” Updated June 14, 2010. Accessed June 16, 2010.
<http://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2010.shtml>
---. “Total Maximum Daily Load Program.” 2009. Accessed June 16, 2010.
<http://www.swrcb.ca.gov/water_issues/programs/tmdl/303d_lists2006_approved.shtml>
City of Cupertino. Bicycle Transportation Plan. 1998.
---.General Plan 2000 – 2020. 2005.
---. Municipal Code. 2010.
---.Pedestrian Transportation Plan. 2002.
---.Stevens Creek Corridor Park Master Plan and Restoration Plan Initial Study. 2006.
County of Santa Clara. 1995 Countywide Trails Master Plan Update. 1995. Available at:
<http://www.sccgov.org/portal/site/parks/parkschp?path=%2Fv7%2FParks%20and%20Recreatio
n%2C%20Department%20of%20%28DEP%29%2FPlanning%20and%20Development%2FCoun
tywide%20Trails%20Master%20Plan>
---.Santa Clara County Geologic Hazard Zones. Map 18. 2002. Available at:
<http://www.sccgov.org/portal/site/planning/>
---.Uniform Interjurisdictional Trail Design, Use, and Management Guidelines. 1999.
Department of Toxic Substances, “Hazardous Waste and Substances Site List - Site Cleanup (Cortese
.
List),”http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm
Federal Emergency Management Agency. Flood Insurance Rate Map. Map Number 06085C0208H.
May 18, 2009.
Santa Clara Valley Transportation Authority. Bikeways Map. 2008. Available at:
<http://www.vta.org/schedules/bikeways_map.html>
---.Bus and Rail Map. January 11, 2010. Available at:
<http://www.vta.org/schedules/schedules_bymap.html>
---.Draft CMP 2007. 2007.
---.VTA Transportation Handbook. 2009. Available at:
http://www.vta.org/brochures_publications/transportation_handbook.html.
Santa Clara Valley Urban Runoff Pollution Prevention Program. Classification of Subwatersheds and
Catchment Areas for Determining Applicability of HMP Requirements. Map. February 2009.
Available at: http://www.scvurppp-w2k.com/hmp.shtml.
.“Hydromodification Management Plan (HMP)” Factsheet. May 2006. Available at:
---
http://scvurppp-w2k.com/pdfs/0506/hmp_factsheet.pdf.
---.Trash BMP Toolbox. September 2007.
Scenic Circle Access to Stevens Creek Trail 89 Initial Study/MND
City of Cupertino November 2010
Santa Clara Valley Urban Runoff Pollution Prevention Program, Santa Clara Valley Water Resources
Protection Collaborative. Guidelines and Standards for Land Use Near Streams. July 2006.
Available at: http://www.valleywater.org/Programs/WaterResourcesProtectionCollaborative.aspx
Santa Clara Valley Water District. “Fast Facts: Lower Peninsula Watershed.” Accessed October 6,
2010. <http://www.valleywater.org/Services/LowerPeninsulaFastFacts.aspx>
---. Santa Clara Valley Water Resources Protection Collaborative. “Guidance for Trail Design” in
Guidelines and Standards for Land Use Near Streams. August 2005 (revised July 2006).
Thomas Reid Associates. Biotic Reports for the Stevens Creek Corridor Park Master Plan. April
2006.
U.S. Environmental Protection Agency. Light-Duty Automotive Technology, Carbon Dioxide
Emissions, and Fuel Economy Trends: 1975 Through 2009. November 2009. Available at:
<http://www.epa.gov/oms/cert/mpg/fetrends/420s09001.pdf>
---. “Emission Facts: Average Carbon Dioxide Emissions Resulting from Gasoline and Diesel Fuel.”
Last updated January 14, 2010. Accessed March 24, 2010.
<http://www.epa.gov/oms/climate/420f05001.htm>
Personal Communications
Banfield, Barbara. City Naturalist, City of Cupertino. Personal communication. October 25, 2010.
Hill Associates. Personal communication. October 13, 2010.
Scenic Circle Access to Stevens Creek Trail 90 Initial Study/MND
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SECTION 6.0 LEAD AGENCY AND CONSULTANTS
LEAD AGENCY
City of Cupertino
Public Works Department
Gail Seeds, Project Manager
CONSULTANTS
David J. Powers and Associates, Inc.
Environmental Consultants and Planners, San José, California
John Hesler, Vice President
Jodi Starbird, Principal Project Manager
Lori Parks, Assistant Project Manager
Stephanie Francis, Graphic Artist
Scenic Circle Access to Stevens Creek Trail 91 Initial Study/MND
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Appendix A
Construction Best Management Practices
Proposed by the Project
To reduce and avoid environmental impacts resulting from construction, the project proposes to
implement the following Best Management Practices from the Santa Clara Valley Water District’s
Best Management Practices Handbook (January 2009 or most recent update):
WQ-5 Soil Stockpiles
If soil is to be stockpiled, no run-off shall be allowed to flow back to creek.
WQ-18 Site Maintenance and Cleanup
The work site, areas adjacent to the work site, and access roads will be maintained in an
orderly condition, free and clear from debris and discarded materials. Personnel will not
sweep, grade, or flush surplus materials, rubbish, debris, or dust into storm drains or
waterways. Upon completion of work, all building materials, debris, unused materials,
concrete forms, and other construction-related materials will be removed from the work
site.
WQ-41Erosion and Sediment Control Measures
Suitable erosion control, sediment control, source control, treatment control, material
management, and nonstormwater management BMPs will be implemented consistent with
the latest edition of the California Stormwater Quality Association “Stormwater Best
Management Practices Handbook,” which is available at www.cabmphandbooks.com.
HM-9 Vehicle and Equipment Cleaning
Vehicles will be washed only at an approved area. No washing of vehicles will occur at job
sites.
HM-10 Vehicle and Equipment Fueling
No fueling will be done in a waterway or immediate flood plain, unless equipment
stationed in these locations is not readily relocated (i.e., pumps, generators).
1.For stationary equipment that must be fueled on-site, containment will be provided in
such a manner that any accidental spill of fuel will not be able to enter the water or
contaminate sediments that may come in contact with water.
2.Any equipment that is readily moved out of the waterway will not be fueled in the
waterway or immediate flood plain.
3.All fueling done at the job site will provide containment to the degree that any spill will
be unable to enter any waterway or damage riparian vegetation.
HM-11 Vehicle and Equipment Maintenance
No equipment servicing will be done in a stream channel or immediate flood plain, unless
equipment stationed in these locations cannot be readily relocated (i.e., pumps, generators).
1.Any equipment that can be readily moved out of the channel will not be serviced in the
channel or immediate flood plain.
2.All servicing of equipment done at the job site will provide containment to the degree
that any spill will be unable to enter any channel or damage stream vegetation.
3.If emergency repairs are required in the field, only those repairs necessary to move
equipment to a more secure location will be done in a channel or flood plain.
4.If emergency repairs are required, containment will be provided equivalent to that done
for fueling or servicing.
HM-12 Hazardous Materials Management
Measures will be implemented to ensure that hazardous materials are properly handled and
the quality of water resources is protected by all reasonable means.
1.Prior to entering the work site, all field personnel will know how to respond when toxic
materials are discovered.
2.The discharge of any hazardous or non-hazardous waste as defined in Division 2,
Subdivision 1, Chapter 2 of the California Code of Regulations will be conducted in
accordance with applicable State and federal regulations.
3.In the event of any hazardous material emergencies or spills, personnel will call the
Chemical Emergencies/Spills Hotline at 1-800-510-5151.
HM-13 Spill Prevention
Prevent the accidental release of chemicals, fuels, lubricants, and non-storm drainage
water.
1.Field personnel will be appropriately trained in spill prevention, hazardous material
control, and clean-up of accidental spills.
2.No fueling, repair, cleaning, maintenance, or vehicle washing will be performed in a
creek channel or in areas at the top of a channel bank that may flow into a creek
channel.
HM-14 Spill Kit Location
Spill prevention kits appropriate to the hazard will always be in close proximity when using
hazardous materials (e.g., crew trucks and other logical locations).
1.Prior to entering the work site, all field personnel will know the location of spill kits on
crew trucks and at other locations within District facilities.
2.All field personnel will be advised of these locations and trained in their appropriate
use.
Appendix B
Hydrology Memo
Closing
Post Blackberry Farm Restoration
(ft)(ft)(ft)(ft)E or W
Post Blackberry Farm Restoration
3
E or W
Pre-Blackberry Farm Restoration
Pre-Blackberry Farm Restoration
550540520515510470
Table 1.
(ft)(ft)(ft)(ft)(ft)