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Planning Commission Agenda Packet 08-27-2013 Table of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 l. McClellan Rd Re-Zoning Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1- Draft Resolutions TM-2012-03, Z-2012-01 . . . . . . . . . . . 10 2- Arborist Report . . . . . . . . . . . . . . . . . . . . . . . . . 27 3- Initial Study . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 4- ERC Recommendation . . . . . . . . . . . . . . . . . . . . . 138 5- Plan Set. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 2. Use Permit to allow more than 25°/o office spaces and site improvements Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 1- Draft Resolutions U-2013-08, ASA-2013-06, TR-2013 -35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 2- Vicinity Map. . . . . . . . . . . . . . . . . . . . . . . . . . . 163 3- Project History and Justification Statement. . . . . . . . . . . 164 4- Tenant List . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 5- Parking Study. . . . . . . . . . . . . . . . . . . . . . . . . . 166 6- Plan Set. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 3. Director's Report Director's Report. . . . . . . . . . . . . . . . . . . . . . . . . . 173 1 AGENDA C U P E RT I N O CITY OF CUPERTINO PLANNING COMMISSION MEETING 10350 Torre Avenue, Cupertino Community Hall Tuesday,August 27, 2013 ORDER OF BUSINESS SALUTE TO THE FLAG: 6:45 p.m. ROLL CALL APPROVAL OF MINUTES WRITTEN COMMUNICATIONS POSTPONEMENTS/1ZEMOVAL FROM CALENDAR ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR PUBLIC HEARING 1. Subiect: McClellan Rd Re-Zoning Recommended Action: Approve a Tentative Map application Approve a Re-Zoning application Approve a Mitigated Negative Declaration Description: Application No(s): TM-2012-03, Z-2012-01 EA-2012-04 Applicant: James Chen (Cherryland, LLC) Location: 20840 McClellan Road Parcel Map to subdivide an existing single family lot into 3 residential lots and 1 common area lot; Re-Zoning of a .96 acre parcel from Single Family Residential (R1-10) to Single Family Residential (R1-7.5); Mitigated Negative Declaration Teritr�tive City Coitiricil c�r�te: Septeiiiber 17, 2013 Pa�e: 5 2. Subiect: Use Permit to allow more than 25% office spaces and site improvements 2 Tuesday, August 27, 2013 Page-2 Recommended Action: Approve a Use Permit application Approve an Architectural and Site application Approve a Tree Removal Permit application Description: Application No(s): U-2013-08, ASA-2013-06, TR-2013-35 Applicant(s): Leonard Ataide (Foothill Condo Owners Association) Location: 10011 N Foothill Blvd Use Permit to allow office uses, including medical offices, to exceed 25% of the building space in an existing commercial condominium complex; Architectural and Site approval to allow the construction of a new detached sidewalk, patio and associated site improvements at an existing commercial condominium complex; Tree Removal Permit to allow the removal and replacement of one 32" diameter tree to facilitate the construction of a detached sidewalk and associated site improvements Plr�ririirig Coniiiiissiori c�ecisiori firir�l itiriless r�pper�lec� Pa�e: 146 OLD BUSINESS NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor's Monthly Meeting with Commissioners Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT 3. Subiect: Director's Report Recommended Action: Accept Report Pa�e: 173 ADJOURNMENT If yozz challer�ge the actior� of the Planr�ir�g Conanaiss�ior� ir� cozz��t,yozz naay be linaited to��ais�ir�g or�ly thos�e is�s�zzes�yozz o��s�onaeor�e els�e��ais�ed at the pzzblic hea��ir�g des�c��ibed ir� this�ager�da, o�� ir��itter� co��espor�der�ce delive��ed to the City of Czzpe��tir�o at, o��p��io�� tq the pzzblic hea��ir�g. Pleas�e r�ote that Planr�ir�g Conanais�s�ior�policy is�to allo�� ar�applicar�t ar�d g��ozzps�to speak fo�� 10 nair�zztes�ar�d ir�dividzzals� to speak fo�� 3 nair�zztes�. In compliance with the Americans with Disabilities Act (ADA),the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special 3 Tuesday, August 27, 2013 Page-3 assistance,please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. Materials related to an item on this agenda submitted to the Planning Department after distribution of the agenda packet are available for public inspection in the Planning Department located at 10300 Torre Avenue, during normal business hours. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777-3308 or plaiuling@cupertino.org. 4 OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPEPTINO,CA 9501�-3255 (�08)777-3308 • FAX(408)777-3333 • �lanning<�?cu�ertino.org CUPERTINQ PLANNING COMMISSION STAFF REPORT Agenda Item No. 1� Agenda Date:August 27, 2013 Application: TM-2012-03, Z-2012-01 (EA-2012-04) Applicant: Sue Jane Han of Cherryland LLC Proj ect Location:20840 McClellan Rd Application Summary: 1. Parcel Map to subdivide an existing single-family lot into three (3) residential lots and one (1) common area lot; and 2. Rezoning of a .96 acre parcel from single-family residential (R1-10) (10,000 sq ft minimum lot size) to single-family residential (R1-7.5) (7,500 sq ft minimum lot size) RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of the following applications: • Mitigated Negative Declaration for the project(EA-2012-04); • Tentative Map (TM-2012-03) per the draft resolution (Attachment 1); • Rezoning (Z-2012-01) per the draft resolution (Attachment 1). Please note that the final decision on the project will be made by the City Council at the first reading tentatively scheduled for September 17, 2013, with a second reading tentatively scheduled for October 15, 2013. PROJECT DATA General Plan Designation: Low Density(1-5 Dwelling Units/Gross Acre) Zoning Designation: R1-10 (Single Family Residential— 10,000 square feet minimum) Total Gross Lot Area: 41,973 square feet(.96 acre) Total Net Lot Area: 38,973 square feet(.89 acre) Proposed Lot Areas: Parcel A: 8,051 square feet Parcel S: 8,399 square feet Parcel C: 9,448 square feet Parcel D (Private Road): 13,075 square feet Existing Land Use: Single-family residential Proposed Land Use: Single-family residential Existing Density: 1.04 dwellings per gross acre 5 TM-2012-03, Z-2012-01(EA-2012-0�) McClellan Road Subdivision August 27, 2013 Proposed Density: 3.12 dwelling per gross acre Project Consistency with General Plan: Yes Zoning: No, Rezoning Requested Environmental Assessment: Mitigated Negative Declaration BACKGROUND Site Description The subject property is located off of McClellan Rd and is surrounded by other single-family properties with similar zoning (R1-10, R1-7.5, and R1-6) and general plan land use designations (Low Density Residential, 1-5 dwellings/gross acre). Further to the west is a church property zoned quasi- public/institutional. Currently, the site consists of a single-family home with carports and sheds; all structures on-site are proposed to be demolished prior to the recordation of the parcel map. • ;; �� . .._: , . :.�.., �, rf�,f,- _ R1-10 ° .. R1— .5 ' R1 7.5 �.:�� .. � ��, , . ... � � � ,. - - � �i � � � � ', �r�s� - ��x- �-�.�� .� �.� � ' � <, �x � ,. _ -. .,,: • .gf°'�,� ', � -- � 1 f . .� y +151 �—_ . 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'�➢ �� — y -F� ��, '�„� + �� .e ��'� � i ., � � �—= � � �� t- � ,�, R1-6 � , � , �.� � ,� �` �, �_ �a • ;� r�� -�: ��' -. � � � � � v yj�� ; � I , . , � � �� ` - - .�, . .. .� J�(1—`� 5 �� - tid� _�'"��p� �, .. ,r"e. � - A�� 'y,1'- • '.�� 1��`x. ,.-�.�� ".1 .. _".�fe"'" . v�, . � � k ./. � � '�� I ,, '�_�, � �_, �';- � � � r +�, �1 -i �' � +°: rT,'; .,� a� " �J -pyr ta�t � . ; ,y '�' S. �i r`'�' „ ��,� Y�p� � ,yi h '?F'?,�_ S°.�-I , °x i � I ��.. �R'° W i- �liN � � ;y: F .. � . � , ,�� c / �� I�-�_ f�1�� '�: r �: ° ' . r � 'f. i',T�'�- . . . e'� . ,^�� ,� �i � F';.. �� , t. . '' f� � � r`•� ,�� '� - f�g k�� , +.�i�.,. a . ..�.+aNi�s:...v�' '_t�'" .'� `�_ , .,'.� � �►..' � ,-� '�'!� s �. %�. v�.w.wc �,R � - ' - � „ � . .t F -�,. �'1� `.- �.�J =. -��'�7`— ':�4,„� � . _}C_,._; ,'�^ r� �$ i`6° �-�--i "--;.�ti`::i"" �:�irr�a��1�c•��-"i�R�'V ; � �� "4,� Y�. �, , . � ; , � � Subject Property DISCUSSION: N Subc�ivision Design The project proposes to create three lots that are oriented north to south, with vehicular, pedestrian, and emergency access to be provided by a new private roadway/cul-de-sac consistent with the Santa Clara 6 TM-2012-03, Z-2012-01(EA-2012-0-�) McClellan Road Subciivision August 27, 2013 County Fire Department requirements for access. The proposed private cul-de-sac is expected to be a shared driveway to facilitate access to any future subdivision request for the single family property immediate to the west of the project. A preliminary site plan has been prepared demonstrating how the future developments will comply with the R1 regulations, parking requirements, and landscaped front, side, and rear yard areas. The project demonstrates compatible yard-to-yard relationships: rear-to-rear and side-to-side that help make the development pattern compatible with the surrounding area. Street Frontage Improvements The project proposes a new detached sidewalk along McClellan Rd. In addition, the first 30' of the property shall be reserved for street frontage improvements. The private access roadway and cul-de-sac will include a new monolithic sidewalk, curb and gutter, and driveways. Prior to final occupancy, the applicant will be required to work with staff to record a landscape easement located adjacent to and east of the monolithic sidewalk to be maintained as landscaping on the private lots. A condition of approval has been added to reflect this requirement. Conceptual Tzvo-Story Plans The applicant has submitted conceptual site plan and elevations demonstrating that the new lots can facilitate reasonable and compatible house designs. The elevations, architectural details, and fa�ade treatment illustrated in Attachment 5 are intended to be representative of the future residences and are compatible with the existing neighborhood. The applicant/property owner is required to go through a separate design review process prior to the construction of the new homes. General Plan Conformance The General Plan Land Use designation is "Low Density Residential (1-5 dwellings per gross acre)" and the applicant is proposing a density of 3.12 dwelling unit/acre, which is consistent with City's general plan. Rezoning The project also includes a zoning request to rezone the property from R1-10 (minimum lot size 10,000 square feet) to R1-7.5 (minimum lot sizes of 7,500 square feet). Staff supports the rezoning request because the R1-7.5 zoning district is consistent with predominate zoning classification of the neighborhood. In addition, the proposed parcels meet all other single-family residential site development regulations. Trees An arborist report was prepared by one of the City's consulting arborist for the proposed project (see Attachment 2). The City Arborist surveyed approximately 100 trees on the property, most of which were small fruit trees, well below the city standard for protection. The arborist considered 27 of the 100 trees to be significant in size. Of the 27 trees, only one is considered a protected tree per the City's Protected Tree Ordinance (Tree #38, a 36" Coast Live Oak tree). Although the soil beneath the Oak tree canopy is impacted with elevated levels of pesticides, a plan for remediation to save the tree has been reviewed and approved by the City's consulting arborist and the County of Santa Clara, Department of Environmental Health. Additional confirmation sampling will be taken after remediation to ensure no impacted soil remains. If after the remediation the health of the tree declines, a separate tree removal permit will be 7 TM-2012-03, Z-2012-01(EA-2012-0-�) McClellan Road Subciivision August 27, 2013 required to be applied for and approved prior to removal. A consulting arborist will be required to review all construction, grading, trenching, or excavation work proposed near Tree #38. The recommendations are incorporated as conditions or approval. An English Walnut tree (Tree #46) located at the southwest corner of the property will also remain; however, all other trees will be removed as part of the project to facilitate the future residences and the private road. It is anticipated that future street trees and privacy tree planting will help compensate for this tree loss. ENVIRONMENTAL ASSESSMENT The Initial Study (Attachment 3) was presented before the Environmental Review Committee (ERC) at its meeting of August 1, 2013. The ERC voted unanimously to recommend a Mitigated Negative Declaration for the project to the Planning Commission (Attachment 4). Additional mitigation measures will be required as conditions of approval to reduce impacts of the project to a less than significant leveL They include mitigation for: • Siological Resources (Tree Removals, Surveys of Nesting Birc�s � Bats, anc� Tree Protection Rec�uiremen ts) • Cultural Resources (Arc{iaeological or Paleontological Deposits or Human Remains anc�/or Cultural Material) • Hazardous Material (Leac�anc�Pesticic�e-Impactec� Soil, Survey for Asbestos anc�Leac�-Basec�Paint) • Noise (Restriction in Construction Hours anc� Ec�uipment, anc� Designation of a "Disturbance Coorc�inator") Soil Remec�iation The applicant has commissioned the preparation of a Phase I and Phase II environment assessment. Additional reports were commissioned which indicated elevated levels of lead, arsenic, and pesticides where site samples were taken, most likely attributed to prior agricultural and gardening use. The project is required to remediate the site by removing and disposing impacted soil as prescribed by County of Santa Clara Environmental Health Department. A condition of approval has been added to reflect this requirement. Please refer to the environmental assessment section above for additional information. Ot{ier DepartmentlAgency Reviezv The City's Public Works Department, Suilding Division, the Santa Clara County Fire Department, and the Cupertino Sanitary District reviewed the proposal and have no objections to the project. Their pre- hearing comments have been incorporated as conditions of approval. PERMIT STREAMLINING ACT This project is not subject to the Permit Streamlining Act since the adoption or amendment of a zoning ordinance is a legislative action. The following are application milestones: Project received: May 29, 2012 Deemed incomplete:June 29, 2012, August 24, 2012, and October 19, 2012 Deemed complete: August 13, 2013 8 TM-2012-03, Z-2012-01(EA-2012-0-�) McClellan Road Subciivision August 27, 2013 The Planning Commission will make a recommendation to the City Council to render a final decision on the project on September 17, 2013, unless appealed for reconsideration. PUBLIC NOTICING &OUTREACH The followin table is a brief summar�� of the noticin done for this pro�ect: Notice of Public Hearin , Site Notice & Le al Ad A enda ■ Site Signage ■ Posted on the City's official notice (14 c�ays prior to t{ie{iearing) bulletin board (one zveek prior to t{ie ■ Legal ad placed in newspaper {iearing) (at least 10 c�ays prior to t{ie{iearing) ■ Posted on the City of Cupertino's Web ■ 64 notices mailed to property owners within site (one zveek prior to t{ie{iearing) 300 feet of the project site (10 c�ays prior to t{ie{iearing) CONCLUSION Staff recommends approval of the Parcel Map and Rezoning since the project is not anticipated to have significant impacts to the community or immediate area. Additionally, the project is consistent with the general plan, subdivisions ordinance, and conforms to the predominantly single-family residential development pattern, consistent with Chapters 18.20 and 19.28 of the Cupertino Municipal Code. Prepared by: Simon Vuong, Assistant Planner Reviewed by: Approved by: /s/Garv Chao /s/Aarti Shrivastava Gary Chao Aarti Shrivastava City Planner Community Development Director ATTACHMENTS: 1 —Draft Resolutions TM-2012-03, Z-2012-01 2—An Evaluation of the Existing Trees at 20840 McClellan Road, Cupertino, California, prepared by Michael L. Sench, dated December 20, 2011 3 — Initial Study for the 20840 McClellan Road Rezoning and Subdivision, prepared by David J. Powers &Associates, dated July 2013 4— Environmental Review Committee recommendation, dated August 1, 2013 5—Plan Set 9 Aitachment 1 TM-2012-03 CITY OF CUPERT�NO 70300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMrSSION 4F THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO SUBDIVIDE A .96 GROSS ACRE LOT INTO FOUR LOTS: ONE LOT iS FOR A PRIVATE ROAD TOTALING �3,075 SQUARE FEET, AND THE R�MAINING THREE LOTS RANGE IN SIZE FROM 8,057 TO 9,448 SQUAR� �E�T TO BE DEV�LOPED AS SINGLE-FAMILY HOMES,LOCATED AT 20840 MCLELLAN RD, APN 359-20-031 SECTION I: PRO ECT DESCRIPTrON &RECITALS Application No.: TM-2012-03 Applicant: Jarnes Chen(Cherryiand, LLC) Property 4wner: Sue Jane Han (Cherryland, LLC) Loca�ion: 20840 McClellan Rd (APN 359-20-031) Subject: Subdivision into four lots (one for a private road) WH�REAS, khe Planning Commission of the Cify of Cupertino received an application for a Tentatiee Map as described in Section I of this Reso�ution; and WHEREAS, the z�ecessary public notices have been given as required by the Proce�ural Ordinance of the Ciiy of Cupertino, and the Planning Comrnission held a public hearing on August 27, 207 3 in regard to the application; and NOW, THEREFORE, BE IT RESOLVED: After careftrl consideration of �he, maps, facts, exhibits, testimony and other evidence s�b�nitted in this rnatter, the Planning Commission hereby recomrnends approval of Application na TM-20�.2-03 based upoz� the findings described in Section II of fihis reso�ution, the public hearing record and the Minutes of Planning Comrnission Meeting o£August 27, 2013, and subject to the conditians specified in Secfion III af this resolution. SECTION II: F'TNDINGS 1. That the proposed subdivzszon map is consistent with the City of Cupertino General Plan, The subdivision is in conforrnance with the General Ptan Land Use Ma� of the City of Cupertino, since the land use designation will be identical (Low Density, 1-5 density unitslgross acre) and the proposaI furthers the policies stipulated in the General Plan. Far example, the proJ'ect is proposing additionaI housing units for a more bulanced ratio of Jobs and)xoustng (GP Policy 2-19). 2. That the design and improvements of the proposed subdivisian are consistent with fhe General Plan. The subdivision design and improvements are in conformance with the Gerterad Plan. 3. Tha��he site is physically suitable far the type and intensity of development contemplated under the 10 Draft Resolution TM-2012-03 August 27,2013 approved subdivision. The praper�y involved is physicadIy suitabde in size and shape to canforrn to developtnent standards and is appropriate2i�configured to accornmodate reASOnable singIe famiIy dwedding units. The praposed subdivision is cotnpatibre u�ith the adJoining lartd uses and no physicad constraints are pNesent that wou2d canflict with anticipated dand use developrt�rent. 4, That the site is�hysically suitable for the proposed density of development. The property involved is physicaddy suitabde in size and shape to conforan �o devedapment standards and is appropriately configured ta accommodate reasanabde singIe famiIy dzc�elling units, The proposed densi�y is 3.12 dwelding units per acre, where 1-5 dzvelling units per acre are arIowed. 5, That the design of the subdivision or �he proposed improvements are not likely to cause substanti.al environmental daannage nor substantially and unavoidable injure fish and�vildlife or their habitat. The proposed subdivision design is not 1ikeIy ta cause substantial environmental damage nor substantiadl�and unavoidably injure fish and wilddife or their habitat; mitigatian measures reIated to biologicRl resources widI be incorporated as part of tTie C.�QA review process to mitigate potentiad impacts to a iess than significant Ieved. 6. That the design of the subdivision or the type of improvements associafed there wifh is not likely to cause serious public heal�h problems, The proposed subdivision design or type of impravements associated there zvith is not Iikely to cause serious public health problems, as relevant mitigation rraeasures wiII be incorporated as part of the CEQA reviezv pt�ocess to mitigate poter�tia2 impacts to q less than significant deved. 7. That the design of the subdivision �nd its associated improvements wiil not conflict with easements acquired by the pubIic at Iarge for access through or use of praperty within the proposed subdivision. The proposed subdivision design ar t�pe af irrr�rovements wiId not cortfrict with easements czcguired by the pub2ic at Iarge for access through or use of property within the pNOposed subdivision; a portion of the properfy widl be dedicated to the City for street frontage impravements, and a private Yoad is proposed far access to the Iots created by the proposed subdivision. SECTION III: CONDITIONS ADM�NISTERED BY TH� COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on the plan sef received September 19, 2012, consisting of four sheets labeled x, 2, 3, C-1, elltitled, "Ten�ative Map" drawn by Civil and S�ructural Engine�rs; and the conceptual elevations dated May 20, 2012 consistit�g of three sheefs Iabeled A3.1, A3,2, and A3.3, entitled, "Arch. Design Under Separated (sic) T'ermit" drawn by H.M.C. Associates, LLP, except as may be amended by conditions in�his resolufion. 2. ACCURACY OF PRO ECT PLANS The applicant/property owxier is responsible to verify all perfinent prapezty datl including but nat limited to propexty boundaxy locations, building se�backs, property size, building square foofage, any xeleeant easements and/or constxuctian records. Any misrepresentation of any properfiy dafia may invalidate this approval and may require additional review. 11 Draft Resoiution TM-2012-b3 August 27,2013 3. ANNOTATTON�F TH� CONDTTr�NS O�APPROVAL The candi�ions of approval set forth shall be incorporated into and anno#ated on the first page of the building p1ans. 4. PLANNING PERMITS REQUIRED �4R N�EW HOMES The applicant and/or owner shall obtain the appropriate approvals frorn the Cily for a11 af the proposed resideztfial hames rior to recardation of the final xna . Proposals far two-story residences shall be subject to either a Two-Story or Residential Design Review permit per the Singie-Farnily Residenfial (R1) Zoning Ordinance prior to a��lying for buiJ.ding permits. The proposals shall closely resemble the qualifiy and design as inc�icated an the conceptual drawings submitted with the application for TM-2012-03. 5. BU�LDING PERMTTS The applicant shall consult with fihe Ci�y Building Division fo obtain the necessary building permi#s for the future residential dwelling units. 6. DEVELOPMENT APPROVAL AND ALLOCATION Approval is gxanted to subdivide a .96 gross acre parcel into four lots: one lot will be developed as a pzivate road totaling 13,075 square feet, and fihe three rem.aining lots range in size from 8,Q51 ta 9,�48 square feet, to be developed as single-family homes, The City� shail deduct twa residential units (to accounf for the project's net increase o� two unx�s) from�he General Plan alloca�ion for"Other Areas." 7. CONCURRENT APPROVAL CONDITZONS The conditions of appxoeal confained in file no. Z-2012-Q1 shall be applicable to thzs approval, S. CONDITIQNAL APPROVAL The Subdivisxon request is oniy condifionally approved contingenf upon khe concurrent approvai oF the Rezoning applica�ion(Z-2012-01). 9. B�LOW MARKET RATE HOUSING PROGRAM The applicant sha11 participate in the City's Below Market Rate {BMR) Housing 1'rogram by paying the 1lousing mifigation fees as per the Housing Mitigafian Manual. The mitigation fee rates for FY 2013-2014 are $2.93 per square �ao� of net addifion, payment of which is due �rior to issuance of bui�ding pexnnits. 10. COVENANTS, CONDITIONS, AND RESTRICTIONS Requirernents far land scaping and fencing sha11 be incorporated within the Covenants, Canditions, & Res�rictions (CC&Rs) of the developrnent pzoposal, The final CC&Rs, which addresses rnaintenance and upkeep of the private road, sidewalk, streefs, trees,fencing, and landscaping, shall be submitted to the City for staf� and City Attorney review pri�r to recordation of the �arcel �x�.a�. The CC&Rs shall also stipulate that if future developrnenfi o� the property to the west takes place, fhe CC&Rs will incIude language far�eciprocal access of the private road, construction easements to a11aw for future caz�strucfion work within the private road, and other necessary Ianguage to faczlitafe reasonable develo�rnent. 12 Draft Resolution TM-2012-03 August 27,2�13 11. ENVIRONMENTAL TMPACTS AND MITIGATTON MEASUR�S Per �he mifzgation measures outlined in the Miti.gation Moniforing and Reporfing Program based on the Initial Study dated Ju1y 2013, entitled "20840 McClellan Road Rezaning and Subdivision", prepared by David J. Powers and Associates and adopted as Mitigated Negatzve Declaration EA- 2012-04, fhe following is an outline af mitigation measures {MM) that apply, except as may be amended by conditions in this resolution; i. Biological Resources a. MMBIO- 1.1 b. MM BIO- 1.2 c. MM BIO- 1.3 d. MMBIO-2.1 e. MMBIO-2.2 f. MM BIO-�.1 ii. Cultural Resources a. MM CUL- 1.1 b. MM CUL- L2 iii. Hazards a�d Hazaxdous Materials a. MM HAZ- 1.1 b. MM HAZ- 1.2 c. MM HAZ- 1.3 d. MM HAZ- 1.4 e. MM HAZ- 1.5 f. MM HAZ- 2.7 g. MM HAZ- 2.2 h. MM HAZ- 2.3 iv. Noise a. MM NOI- 1.1 b. MMNOI-2.1. c. MM NOr-3.1 d. MM NOI-3.2 e. MMNOI-3.3 f, MM NOI -3.4 g. MM NOI-3.5 h. MM NOI-3.& i. MM NOI-3,7 j. MM NOI- 3.8 k. MM Nor- �.9 �. MM Nol-3,1a In addition to the mifigation measures listed above, the following categories include s tandard mitigation rneasures that are also condifiions of project approval(refer to the Mitigation Monitoring and Reporting Program based on the Initial Study�'or more detailed information): v. Air Quality vi. Geology and Soils vi.i. Water Quality viii. Parkland 13 Draft Resolution `I'M-20�2-03 August 27,2013 12. SOIL REMEDIATION The applicant will be required to remediate the site in accordance with the "Revised Site Mitigation Plan", prepared by PIERS Environrnental Services, Inc. dated March 11, 2013 and approved �Oy the Couniy of Santa Clara, Deparhnen� of Environmen�al Heal�h (lettez dated March 14th, 2013). AlI excavation work and associated monitoring should be overseen by an environmental consultant. This work shouId be sumrnarized ix7 a technical report and subrnitted to the Czty and Santa Clara County Depari�nent of Environmental Health for review and approval, rior to issuance of buildin e� rmits. 13. TREE PROTECTION The existing Coas�Live Dak tree (Txee #38} to remain shall be pratected during constr�zctian per fhe arboxzst reporf prepare by Michael L. Bench, enfitled "An Evalttation of the Existing Trees at 20840 McClellan Rd, Cupertino, California", dated Decernber 20, 2011. His recommendations are reproduced here: A. I recomanend that a coresurting arborist be required to review add of the proposed plans, including the Uti2ity Plan, t�ie fina2 Grading and Drainage Plan, the Site P1an, and �he Landscape PIan, to address the pofential risks to Tree #38. B. I recommend that there be no grading, trenehing, or excavation in the critical root zone area of Tree �#38 within u radius distance of 30 feet of the trunk. There are minor exceptions, zvhich zvould requiYe the review and supervision of a Consudting Arborist (this is a�erson zvith a higher 1eve1 of training and experience than a Certified Arbarist). The City's sfandard �ree protection rneasures shall be listed an �he plans, and protecfive �encing shall be installed around the trees prior to issuance of building permits. Addxtionally, an "Investigafive Report and Iievised Mitigation Plan", prepared by PIERS Environmental Services, Inc, dated July 9t", 207�, and approved by the Couniy of Santa Clara, Deparhnent of Environmental Health (letter dated july 15t��, 2013), includes a remediafion pIan pxoposed ta properly mitigate impacted soil beneath the tree branch canopy of the Coast Live Oak tree, the wor�C of which shall be overseen by a consulting arborist, If aFter fihe soil remediation the Coast Live Oak free exhibits a decline in healfih or displays other defrimental signs, a separate free removal perrnit�nrill be required.to be fi�ed and approved by the City prior fo removal. A report ascex�taining the good health of all rernaining trees on-site shall be provided rin 'or to i.ssuance of final occu�anc�, 1�. LANDSCAPE PROTECT SUBMITTAL Prior to issuance of fulal occu anc the applicant shall submifi a fiall�andscape prajecf submittal per sections 1�.1.5.040 A, B, C, and D of the Landscaping Ordinance. The Water-�fficient Design Checklist (Appendix A of Chapter 14.�5), Landscape and TrrigaHon Design Plans, and Wafer Budget Calculations shall be re�iewed and approved to the satisfaction o�' the Directax o� Coznnn.uz�xty Development. A conce�tual landscaping plan shall be required prior to issuance of building e� rrnits. 14 Draft Resolution TM-2012-03 August 27,2013 15. LANDSCAPE INSTALLATrQN R�PORT Prior to final ins�ection, a Iandscape installation audit sha11 be conducted by a certified landscape professional after the landscaping and irrigation system have been installed i� fihe project is subject to the Landscape Ordinance. The findings of the assessment shall be consolidated into a landscape instaIlation repoxt. The landscape installation report shall ix�clude, but is not limited to: inspectian #a confirm thaf the landscapix�g and irrigation system are installed as specified in the Iandscape and irrigation design plan, system tune--u�, system test with distribufion uniformity, reporting overspray or run-off that causes overland flo�v, and preparation of an irrigation schedule. The landscape installation report shall include the following stafemenf: "The landscape and irrigafion system have been installed as specified in the landscape and irrigation design plan and cornplies�nrith the criteria of the oxdinance and the permif." 16. LANDSCAPE AND IRRTGATTON MAINTENANCE Per fhe Landscape Ordinance (CMC, Chap#er 14.15), a maintenance schedule shall be established and subxnitted to the Director of Community Deveiopment or his/her designee, either with the landscape applicaiion package, with the landscape installation report, or any time be�oze the landscape insfallation report is submitted. a) Schedules should take into account water requirements for the plant estabiishrnent period and water requirements for established landscapes. b) Mainfenance shall ir�clude, but not be ]izxiited to the �pllpWlri�; routine inspECtian; pressure testing, adjustzx�enf and repair of fihe irrigation system; aerating and de-thatchit-�g turf areas; replenishing mulch; ferfilizing; pruning; replanting of failed plants; weeding; pest control; and rernaving abstructions �a emisszoz�devices. c} Failed p�anfs shall be replaced with the same or functionaliy equi�alent plants that may be size- adjusted as appropriafe for the stage af growth of the ove�all installa�ian, Failing plants shall either be replaced or be revived through appropriate adjustments in watez, nutrients, pest control or other factors as recomrnended by a landscaping professional. 17. LANDSCAPING MA�NTENANCE AGREEMENT Prxoz ta final ins�ections and final occu�ane�r, the owner(s) of the property shall en�er into a farmal written landscape maintenance agreemenfi wzth the City. The City shall record this agreement, againsf the property or praperfies involved, with the County of Sanfa C1ara Recorder's Office and it shall be binding on ali subsequenf owners of land served by the proposed landscape. The Iandscape main#enance agreernent shall requize that �he installed Iandscape not be modified and that rnaintenance activities not alter the level of water efficiency of the landscape from ifis original. design, unless appxoved by the City prior to fihe commencement of the proposed modification or mainfenance activity. 18. NOISE CONTR�L All x�oise generated by the projeef shall not exceed those levels listed in the Community Noise Control Ordinance, Cuper�ino Municzpal Code chapter 10.48. If there are dac�rnented violations of the Cornrnunity Noise Control Ordinance, the Director of Communifiy Developmenf ar Noise Control Officer has the discretion to xequire naise attenua#ion measures to comply wifh the ordinance. 15 DraFt Resolution TM-2012-03 August 27,2013 19. DEMOLITION OF STRUCTURES Prior #o recordation of the final map, �he applicazlt shall demolish and remove all stz�ucit�res on the property. All demalished buildings and site materials shall be recycled to the maximum extent feasible. 2Q. CONSTRUCTION MANAGEMENT PLAN A construction managerner�t plan shall be prepared by the applicant and appraved by staff prior to issuance of building permits detailing how constructiox� activzfies will be cox�ducted. The plan.shall address,but nat be limited to the following activifies: a. Construction staging area(shall not occur within 15 feet af neighboring residential propertq lines) b. Cons�uctian schedule and hours c. Canstruction phasing�lan,if any d. Contractor parking area e. Tree pxesexvation/protection plan f. Site dust,noise and storm run�off management plan g. Emergency/complaint and conshuction site manager contacts 2�. UTILIT`Y STRUCTURES All new utilzty sfructures s�all be required fo be located underground or screened from pub�ic view. 22. C�NSTRUCTION HOURS Construction activities sha11 be lim'rted to Monday through Friday, 7 a.rn. to 8 p.rn. and Sattrrday and Sunday,9 a.�nn. to 6 p.m. Construction activities are nof allowed on holidays. The developer shail be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulation pertaining to all construction activities and Iirnitations identified in fhis perrnit, along w'ifih the nazane and teJephone n�xmber of a developer appointed dis#urbance caordinator, shall be posted in a prominent location afi the entrance to the job site. 23. FENC�NG REQUIREMENT(�ARC�EL A� As indicated in the Initial Study dated July 2013, entitied "2Q840 McClellan Road Rezoning and Subdivision", prepared by David J. Pawers and Associates and adopted as Mitxgated Negative Declaration EA-2012-04, develapment on Parcel A sha11 incorporafre solid fencing (e.g., high c�uality wood fencing with no spaces} tor the rear yard ta reduce naise frorn McClellan Rd (MM NOI - 1.1}. The applicant shall submit the final design and location of fhe fencing plan �o be reviewed and approved by the Director of Community Development nrior to issuance of building permits for the future residences. 24. CONSULTATION WITH�OTHER DEPARTMENTS The applicant is xespo�nszble to cansult with other departments and/or agencies wi.th regard to the proposed project for additional conditions and requirernents. Any rnisrepresentafiion of any submiffed data rna�r invalidate an approvaJ by the Communiiy Development Deparlment. 25. EXPIRATION The appxoval ar condi�ional approval of a tentafive subdivisian rnap shali expire fhirtq-six (36) monfihs from fhe date of City Council approval. An extension or extensions may be appraved as provided in Section 18.20.OSQ, or when rec�uired by the Su�divi.sion Map Act. 16 Drafk Resolution TM-2012-03 August 27,2D13 26. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the Ciiy, its City Counczl., zts officers, employees and agents (the "indeinnified parfies") from and against any claim, action, or proceeding brought b�r a third pariy against the indemnified parties and the applicant to attack, set aside, or void this ordinance or an.y perxnit or appxoval authorized hereby for the project, including (without limitaHon} reimbursing the City its acival attorneys' fees and costs incurred in defense of the litigation. The Cifiy rnay, in its sole discretion, elect to defend any such action with attorneys o�its choice. 27. N4TTCE OF FEES,DEDiCATIONS,RESERVATIONS OR OTHER EXACTION5 The Conditions of Project Approval set forth herein z�ay include certain fees, dedication requirements,xesexvation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a staternent of the amount of such fees, and a description of the dedications, reservatio�s, az�d other exactions. You are hereby further notified that fihe 90-day appraval period in which you may profest these fees, dedications, reservations, and other exactions, pursuant fo Gove�nrnent Cade Section 66020(a),has begun. If you fail to file a profest �nriEhin this 90-day period complying wifh all of the requiremenfs of Section 66020, you will be legally barred frorn later challenging such exactions. SECTION IV: CONDITIONS ADMINIST�RED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDEN�NG Public street widening and dedications shall be provided in accoxdaz�ce with City Standards and specifications and as required by the City Engi�eer. 2. CURB AND GUTTER IMPROVEMENTS Cuxbs and gutters, sidewalks and related st�uc�ures shaJl.be installed in a�cordance with grades and standards as specified by the Ci.ty Engineer. 3. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedesfrian and bicycle xelated improvernents consistent with irhe Cupertino Bicycle Txansportation Plan and the Pedestrian Transportation Guidelines, and as approved by the Ciiy Engineer. 4. STREET LIGHTTNG INSTALLATTON Sfireet Iighting sha11 be installed and shall be as approved by fhe City Engineer. �C.,ighting fixtures shall be positioned so as to preclude glare and other torms of visual interference to adjoining properties, and shall 3�e no highex than the rnaxirnurn height perzxiitted by the zane in which the sife is located. �. GRADTNG Gxading shall be as appzaved and rec�uired by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certificatio�s and 4Q4 permits inaybe required. Please contact Army Carp of Engineers and/ar Regional Wa#er Quality Control Board as appropria�e. b. DRAINAGE Drainage sha11 be provided to the satisfaction of the City Engineer. Hydrology and pre- and posfi- development hydraulic calculations musf be provided�o indicate whether additional sform water 17 Draft Resolution TM-2012-03 August 27,2Q13 control rneasures are to be construc�ed or renoeated. The stoxzn drain system rnay anclude, but is zto�limited#o, subsurface storage of peak starmwater flows (as needed),bi.orefention ba sins, vegetafed swales, and hydrodynarnic separators to reduce the amount of runoff frarn the site and irnprove water quality.The s�orm drain system shall be desigmed to defain water on-srte(e.g.,via buried pipes, retention systems or other approved system s anc�improvements) as necessary fo avoid an increase of irhe ten percent flood water surface elevation to the satisfaction of the City Engrneer. Any storm watex overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as mueh as reasonably possible, 7, UNDERGROUND UTILiTIES Dev'eloper shall comply with the zequirements of the Underground Utilities Qrdinance No, 331 and other relafed Ordinances and regulations of the City af Cupertino, and shall coordinate wifh affected utility providers for ins#allation of underground utility devices. Developer shall submit defailed plans showing util�ty underground pravisians, Said plans shall be subject to prior approval of the affected Utility provic�er and the City Engineer. S. IMPRQVEMENT AGREEMENT The project developer shall enter into a developrnent agreernent with the City of Cupertino �roviding for payrnent af fees, including but not Jiz�nited to checking and inspectian fees, sform drain fees, park dedication fees and fees for under gxounding of utilifies. Said agreement shall be executed prior to issuance of construction permits Fees: a. Checking&Tnspection Fees: $Per current fee schedule($2,707.OQ or 5%) b. Grading Permit: $Per current fee schedu�e($2,542.00 or 6%) c.Deveioprnent Main�enance Deposif; $2,QQ0.00 d.��orm Drainage Fee; $TBD e.Map Checking Fees: $Per current fee schedule ($4,�.30.00) f.Paxk Fees: $Per current fee schedule ($31,500) g. Street Tree By Developer Bonds: Faithful Performance Bond: 100% of Off-site and O�-sife Improvements Labar&Material Bond: 100% of Off-site and On-site Improvement On-szte Grading Bond: 10Q°/a of site improvernents. -The fees described abave are imposed based upon the current fEe schedule ado�ted by the City Cauncil. However, the fees imposed herein may be modified af the t.ime of recordation of a final map or issuance of a btzilding perrn'rt in the eve�t of said change or changes, �he £ees changed at that time will reflect the then current fee sche dule. 9. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipnne�fi shall be placed in undergraund vaults. The developer rnust receive written approval from both the Public Works Department and the Community Development Deparfxnent prior fo instailation of any above ground equipnnent. Should above ground equiprnent be pe�nnitted by the City, equi�ment and enclosures shall be screened wit11 fencing and landscap3ng such that said equiprnent is not �risible from public street 18 Draft�tesolution TM-20T 2-03 August 27,2�13 axeas, as determined by the Community Develapment Deparimenf. Trans�oarmers shall not be located in the fronf or side building setback area. 10. WATER BACKFLOW PREVENTERS Domesfic and �ixe Wafear Back��ow pxeven�ers and sirnzlar above ground equipment shall be placed away from the public righ# of way and site driveways to a location appraved by the Cupert�ino Planning Department, Santa Clara Counry Fzre Depariament arid the water company. 7.1. TRAFFIC SIGNS Traffic control signs shali be placed at locations specified by the City. 12. TRAFP�C C�NTROL PLAN The developer must submit a traffic control�lan by a Registered Traffic Engineer to be approved by the City. The plan shall include a ternporary traffic control plan for work in the right of way as well as a routing plan fox all vek�zc�es used during co�strucfiion. AlI traffic control signs rnust be reviewed and approved by the Cify prior to commencement of work. The City has adapted Ma�ual on Uniforrn Traffic Control Devices {MUTCD) standards for all signage and striping work throughout the City. 13. BEST MANAGEMENT PRACTICES Utilize Besf Management Practices (BMPs}, as required by the Stafe Wafer Resouxces Control Board, for construction acfivity, which disturbs soil. BMP �:lans shall be ine�uded in grading and sfree� improvement pians. Z4. NPDES C�NSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer rnust obtain a Notice of Intent (NOI) frorn the SWRCB, which encornpasses preparation of a Storm VlTater Pollufian Preventivn PIan(SWPPP),use of cansfruction Best Managemez�t Pxactices (BMPs) to control storzx�.watex ruanoff quaIi.ty, a�.d BMP iz�spectio�.and zx�ainte�nance. 15, C.3 REOUIREMENTS C.3 regula#ed irnpro�rements are required for ai1 prajects creating and/or replacing 10,000 S.F. or more o�impervious suzface{collectively over the enfire project site}. The developer shall resezve a minimum of 4%of developable surface area for the placement of low impact development measures, for sforrn water�reatrnent, on the tentative rnap,unless an alternatie e storrn�vater treatment plan, �hat satis£zes C.3 requirements, is approved by the Cify Engineer. The developer rnust include the use and rnaintenance o�site d esigz�, sou�ce coz�t7ro1 and storzn wafier treal-xnent Besf Management Practices (BMPs), which must be designed per approved numeric sizing cxiteria. A Sform Water Management Plan, Storm Water Facilities Easement Agreement, Storm Wafer Faciiities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance o�txeatment SMPs are each requir�d. Al1 storm water management plans are required to obtain certification from a City appro�ed fhird party revie�nrer. 19 Draft Resolution TM-2a�2-03 August 27,2Q13 16. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used�o retain znatezials on site. Erosion control notes shall be stated on the plans. 17. WORK SCHEDULE Every 6 rnonths, the developer shal.l submi#a work schedule to the City to show the timetable for aIl grading/erosion control work in conjunction wifh this project. 18. OPERATIONS &MAINTENANCE AGREEMENT Developer shall er►ter into an Operations&Maintenance Agreement with the Cify prior fo final occupancy. The Agreement shall include the operation and maintenance for no n-standard appurtenances in the public road right-of-vvay that may include,but is not limrted fo, sidewalk, pavers, and street lights. 19. REFUSE TRUCK ACCESS Developer shall obtain clearance from the Environmental Progxams Manager in regards to refuse truck access for the propased development. 20. STREET TREES Street trees shall be planfied within the Public Right of Way to the safisfaction of the City Engineer and shall be of a type approved by the City in accardance�vith Ordinance No. 125. 21. FIRE PROTECTION Fire sprinklers sha11 be installed in any new Const-�uction to the approval of the City. 22. SANTA CLARA COUNTY�'YRE DEPARTMENT A Ietter of clearance for the project shall be obtained fram the Santa Clara County Fire Department prior to issuance of building permifs. Clearance shouI.d include�nrriften approval of fihe location of any propased Fire Backflaw Preventers,Fxre Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private properfy adjacent to the ptzblic right of way, and fire department canneci�ons must be located�ivithin 100' o�a Fire Hydran#). 23. FIRE HYDRANT Fire hydrants shall be Iocated as required by the City and Santa Clara County Fire Department as needed. 24. SAN TOSE WATER COMPANY CLEARANCE Provide San Jose Wafer Company approval for Gvater connection, service capability and location and layout of water lines and backflo7rv prevenfers befare issuance of a building permit appxoeal. 2�. DEDICATION OF UNDERGROUND WATER RTGHTS Developer shall "quit claim" to �he City aIl righ�s fo purnp, take or ofherwise extract water from the underground basin or any underground strata zn�he Santa Clara Valley. 26. SANITARY DISTRICT A Ietter of clearance for the project shall be obtained from the Cupertino Sanifiary Districf priar fo issuance of building perrnrts. 20 Draf�Resolution TM-2012-03 August 27,2013 27. UTILITY EASEMENTS Cleaxance approvals from the agencies with easements an the property (including PG&E, PacBell, and California Water Cornpany, andJor equivalent agencies) will be required prior to issuance of building permits. SECTION V: CONDITIQNS ADMTNZSTER�D BY THE SANTA CLARA COUNTY FYRE DEPARTMENT 7, DEVELOPMENT PROPOSAL Review of this Developrnental proposal is lirnited to acceptability of site access and water supply as they pertain to fire depaztznent operations, and shall not be cans'trued as a substitufe�or foxmal plan review to determine com�liance with adopted model codes. Prior fo performing any work Ehe applicant shall make application to, and receive frorn, the Building Department ai1 applicable construction perrnits. 2. k'�RE APPARATUS(ENGrNE) ACC�SS ROADS REQUIRED Provide access roadways with a paved a11 weather surface, a rninirnurn unobsfructed width of 20 �eet, ver�ical clearance of 13 feet 6 inches, xninimum circulafing turning radius of 36 feet outsic�e and 23 feet inside, and a rnaxirnum slope of 15%. For installation guide lines refer to �ire Deparfinenf Standard Details and Speci�icatiox�s sheet A-1. C�C Sec.503. 3. FIRE DEPARTMENT�ENGINE� ROADWAY TURN-AROUND REOUIRED Provide an approved fire department engine road�vay turnaround w'rth a rninirnum radius of 36 feet ou#side and 23 fee� inszde. Installations shall conform wi�h �ire Department Standaxd Details and Specification sheet A-1, Cul-De�Sac Diametexs shall be no Iess than 72 feet. CFC Sec. 503, 4. TIMING OF REpUIRED ROADWAY INSTALLATIONS: Required access roads,up fhrough first lift of asphalt, shall be installed and accepted by the Fire Departmertt prior to the staxt o�combustible construction. During canstruction, emergency access roads shall be maintained clear and unimpeded. Note that building permif issuance may be withheld untiI installations are cornpleted. Temporary access roads may be approved on a case by case basis. CFC Sec. 5a1. 5. PUBLIC FIRE HYDRANT S R� UIRED Provide public fire hydranf{s) at locatian{s) to be determined Jointly by the Fixe Departmen�and San Jose Water Co. Maximum hydrant spacing shall be 5Q0 feet, with a minimum single hydrant flow of 1500 GPM at 20 psit, residual. �'ire hydrants shall be provided along required fire apparatus access xoads and adjacent public streets, CFC Sec. 507, and Appendix B, Table B1.05.1 and Appez�dix C. 6. TIMING OF REOUIRLD WATER SUI'PLY INSTALLATIONS Installations of required Fire service (s) and fire hydrant{s) shall be tested and accepted by fhe Fire Deparhnez�t, priar fo the start of framing or delivery af bullc cornbustible materials. Building permit issuance may be wifihheld until required installafions are completed, tested, and acce�ted, CFC Sec. 501. 7. STRUCTURAL PLANS Conditions for construc�ion will be provided upon subrniftal af cornpiete structural plans. 21 Draft Resolution TM-2012-03 August 27,2013 SECTION VI: CONDITTONS ADMrNYST�RED BY THE CUPERTINO SANITARY DISTRICT 1. SANITARY SEWER SERVICE Sanitary sewer service is available for the proposed subdivision on MCClellan Road, The ownerf applicant will be respoz�sible for engineering and construction of the sewer main. 2, IMPROVEMENT PLANS Irnprovernent plans for fihe subject praject shall be submitted to the District for revie�v, 3. FEES AND PERMIT Cupertina Sanitary District Fees and Permits shall be requixed for the subject appli cation. SECTION VII; CEQA REVIEW A Mitigated Negative Declaration for the Subdivision was prepared in accordance with the California Envixonmenfal Quality Act (CEQA) per section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaxatxon) of the CEQA Guidelines because the initial study identified potentially significant effects that would be mitigated to a point where clear�y no significanf effects wouid accur. PASSED AND ADOPTED this 27th day of August, 2013, Regulaz Meefing af the Planning Commission af the City of Cupertino,State of Califartlia,by the following roll call vote: AYES: COMMTSSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMM�SSI4NERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Gary Chao Don Su� City Planner Chair, Planning Con�nission G:1PlanninglPDR�POnTIRE512012ITM-2012-03 res.doc 22 �-2012-01 c�TY o� cuPERT�No 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION 4F THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE REZONZNG O� A .96 GRQSS ACRE LOT, �'ROM R1-10 (MTNTMUM LOT SIZE OF 10,000 SQUARE FOOT) TO R1-7.5 {MINIMUM LOT SIZE OF 7,50Q SQUARE FEET} LOCATED AT 20840 MCLELLAN RD, APN 359-20-031 SECTION Z: PRO7ECT DESCRIPTION & RECITALS Application No.: Z-20�.2-0�. Applicant: Jarnes Chen (Cherryland, LLC) Property Owner: Sue Jane Han (Cherryland, LLC} Location: 20840 McClellan Rd (APN 359-20-03T) Subject: Rezoni�.g�rom R1-10 to R1-7.� WHEREAS, the Planning Commission of the City of Cupertino received an applicatian for a Rezaning as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Pracedural Ordinance of the City of Cupertino, and the Planning Commissian held a pubXic hearing on August 27, 20I3 in regard to �he applica�ion; and NOW, THEREFORE, BE IT RESOLVED; After careful considerat�on of the, maps, facts, exhibi�s, �estimony and other evidence submit�ed in this matter, the Planning Commzssion hereby recommends approval of Application na. Z-2012- 01 based upon the findings described in Section II o# this resolution, the pubXxc hearxng arecoxd and the Minutes of Planning Commission Meeting of August 27, 2Q13, and subject to the conditions specified in Section��Z of this resolution. SECTTQN II: FINDINGS 1. That �he p�oposed zoning is in accord with this title of the Municipal Code and �he City's Camprehensive General Plan. The rezoning is in conforrnance with the GeneYal Plan Land Use Map of the City of Cupertino, since the Iand use designation widi be identical (I.ow Density, 1-5 density units/gross acre) and is consistenf with ari provisians within the City's Municipad Code. For example, �he project is proposing additiona2 housing units for a more balanced rati� of jobs and housing (GP Policy 2-19). 23 Draft ResoIution Z-2012-01 August 27,2013 2. The proposed zoning is in complianc� wi�h the provisions of fhe California Environmental Quality Act (CEQA). A mitigated negative declaration ("MND") was prepared which anaiyzed biological resources, cultural resources, hazardous rnaterial, �oise, air quality, geoiogy and soils, water quality, parkrand and other potentiad enz�ironmentad irnpacts in accordance with CEQA requirements. The Initiar Study determined that these potential environmental ianpac�s were eitheY less �h�n significant or wiIi be dess than significant with irnplementation of the reguired rnitigation measures identified in the MND. 3. The sifie is physically suitable (including, but not limited to, access, provision of utiliti�s, compatibility wi�h adjoining land uses, and absence af physical constraints) for the requested zoning designa�ion(s} and anHcipated land use deveXopment(s). The property invoIved is adequate in size and shape to conform to the new zoning designatian and is appropriately configured to accammodate reasonabde single family dwelling units. The proposed rezoning is compatible with the adjoining 2and uses and no physical constraints are present tha� wauld conflict with anticiputed la�cd use deveropment. Provision of utilities and related infrastructure to service the property are required as part of the future deveiopment. • 4. The proposed zorung will promote orderly development of the City. The rezoning prornotes the orderl� development of the city in tha� �he rezoning facilitates the development of additionar hous#ng unzts wheYe municipal services are currently avaiiabie. The proposed rezoning mirrors existing single family development pattern within the surrounding neighborhood. 5. That the proposed zoning is not detrimental to the health, safety, peace, morais and general welfare of persor�s residing or working in the neighborhood of subject parcels. The proposed rezoning is no� detrimentar to the hea2th, safety, peaee, morals ut�d generar wedfare of the persons residing or working in the neighborhood of subject parcels, as relevunt mitigation rneasures will be incor�porated as part of the CEQA review process to rrtitigate potentiai impacts to a dess than significant level, irt addition ta adherence to ald City reguiations. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Pianning Division: 1. APPROVED EXHIBTTS Appxoval is based on the plan set received September 19, 20�.2, consisting of four sheets labeled 1, 2, 3, G1, entitled, "Tentative Map" drawn by Civil and Structural Engineers; and fhe conceptual elevations dated May 20, 20x2 consisting of three sheets labeled A3.1, A3,2, and A3.3, entitled, "Arch. Design Under Sepa�rated (sic) Permit", drawn by H.M.C. Associates, LLP, except as may be amended by conditions in this resolution. 24 Draft Resolution Z-2Q12-Q1 August 27,2013 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsibie ta verify all pertinent property data including but not limited to property boundary Iocations, build�ng setbacks, property sxze, building square footage, any relevant easements andjor construction records. Any misrepresentation of any prope�ty data may invalidate this approvai and may require additional review. 3. ANN�TATION OF THE CONDITIONS OF APPROVAL The conditions of appraval set forth shall be incorporated into and annotated on the first page of the building plans. 4. CONCURRENT APPR�VAL CONDZTIONS Th� conditions of approval contained in file no, TM-2012-03 sha11 be applicable to this approval. 5. CONDITIONAL APPROVAL The Rezoning request is only canditionally approved contingent upon the fina� �eca�rdation of the tentative parcel map indicated as a concurrent app�oval (TM-2012-03). 6. INDEMNIFICATIQN To the ex�en�permitted by Iaw, the Applicant shall indemnify and hold harmless �khe City, i�s City Council, its officers, employees and agents (the "zndemnified parties") frorn and against any claim, action, or proceedir�g brought by a third party against the indemnified parties and the applicant fo attack, set asid�, or void this ardinance or any permit or approval authorized hereby for �he project, including (without lirnitation} reirnbursing the City its actual attaarneys' fees and costs incurred in defense of the litigation. The City may, in its sole discre�ion, elect to de�end any such action with attorneys of i�s choice. 7. NOTICE OF FEES DEDZCATIONS ftESERVATIONS OR OTHER EXACTIONS The Conditions of Projecf Approval set fo�rth herein may include cer#ain fees, dedication requirements, ;reservatian requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Condi�ions constitute written notice of a stafemen� of fhe amount of such fees, and a descr�p�ion of the dedicatzons, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 6602Q(a}, has begun. If you fail to fiJe a protest within this 90-day period complying wi�h all of the xequirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CEQA REVIEW A Mitigated Negative Declara�ion for hhe Rezoning was prepared in accordance with the California Enviranmental Qual'rty Act (CEQA) per section 15074 {Decision to Prepare a Negative or Mitigated Negative Declaration} of the CEQA Guideiines because the initial study identified potentially significant effec�s fhat would be rnit'rgated to a poin� where clearly no significant effec�s would occur. 25 Draft Resolution Z-20T2-01 August 27,2013 PASSED AND ADOPTED this 27th day o# August, 2013, Regular Meeting of the Planning Commission of the City of Cupertino, S�ate of California, by the follawing roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Gary Chao Don Sun City Planner Chair, Planning Caxnmission G:1P[anninglPDREPDItTIRES120121z-20Z2-Q1 res.doc 26 Attachment 2 An Evaluation of the Existing Trees at 20840 McClellan Road, Cupertino AN EVALUATION OF THE EXISTING TREES AT 20840 McCLELLAN ROAD CUPERTINO, CALIFORNIA Assignment I was asked by Alci Honda—Snelling, Senior Planner for the City of Cupertinq to evaluate the existing trees located at 20840 McClellan Road, Cupertino. The plan provided for this evaluation is the Conceptual Grading and Drainage Plan, prepared by an engineer identified as JC, dated 12/1/11. Summary There are approximately 100 trees on this property. However, many of the trees are small fruit trees, well below the city standard for protection. Several of the fruit trees are in poor condition. For this inventory I have included 27 trees, which are significant in size. I have described each one briefly and have rated the health and structural integrity of each specimen separately on a scale of 1-5: (1)Excellent, (2) Good, (3)Fair, (4) Poor, (5) Extremely Poor. Metallic labels have been affixed to the trees starting with 6530 and ending with 6549. Because all of the trees start with the same two digits (65), I have used only the last two digits for this report and for the marlc-up of the map. Trees are referenced in this report by only the last two digits. The attached map shows the locations of the 27 trees. Tree# 34 represents a row of 8 European olive trees, all of similar size and condition. Tree# 38 is a large coast live oalc(Qzze��czzs�ag��ifolia)in excellent condition. It appears that it may be a challenge to preserve this tree, but the mitigations required to preserve it would be well worth it. Not only would its survival depend on the final plans, and on the care exhibited by the contractors, but ultimately on the activities of 2 adjacent home owners. Methods I measured the trunks of the 27 trees using a standard measuring tape at 4 '/�feet above soil grade(referred to as DBH or Diameter at Breast Height), except those specimens whose form does not allow for a representative measurement at this height. When possible, the trunk measurement is taken below the lowest fork on the trunk of a multi- stem specimen. I measured large coast live oalc Tree# 38 with a forestry service "diameter tape" for greater accuracy. The canopy height and spread are estimated using visual references only. The estimated shape of the canopy relative to the other nearby trees has been added to the attached map. Prepared by Michael L. Bench, Consulting Arborist December 20, 2011 1 27 An Evaluation of the Existing Trees at 20840 McClellan Road, Cupertino The condition of each tree was done by visual assessment only from a standing position without climbing or using aerial equipment. No invasive equipment was used. Consequently, it is possible that individual tree(s) may have internal defects, which are not detectable by visual inspection. Invasive exploratory inspection and analysis is beyond the scope of this evaluation. Observations There are 27 trees included in this tree survey. The attached map shows the locations of a1127 trees and their approximate canopy dimensions. Metallic labels have been affixed to the trees for field reference. The 27 trees are classified as follows: Trees # 30, 31 — Southern magnolia(Magr�oJia g��ar�dif7o��a) Trees # 32, 33, 34 (representing 8 trees)—European olive (Olea ezzt�opea) Trees # 35, 46, 47, 48, 49 —English walnut(Izzglar�s�t�egia) Trees # 36, 37, 38 —Coast live oalc(Qzzet�czzs�agt�ifolia) Tree# 39—Pecan (Catya illir�oir�es�is�) Trees #40, 42 —Monterey pine (Pir�zzs�t�adiata) Tree# 41 —Italian stone pine (Pir�zzs�pir�ea) Trees #43, 44 —Apple(Malzzs�species�) Trees #45 —Canary Island pine(Pir�zzs�car�at�ier�s�is�) All of these 27 trees are listed by number on the attached data sheet. This data sheet provides the basic data about each of the trees, including trunlc diameter, height, spread, health, structural integrity. The health and structural integrity of each specimen is rated on a scale of 1-5: (1)Excellent, (2) Good, (3)Fair, (4)Poor, (5)Extremely Poor. There are numerous small fruit trees on this property as we1L Many of the fruit trees are in fair to poor condition. Comments about Specific Trees The southern magnolia Trees # 30 and 31, located adjacent to McClellan Road, have been topped for line clearing. The growth of the stems following"Topping" is inherently wealc and prone to failure. For this reason, the value and importance of this trees to this site are greatly reduced as a result. Tree# 36, a coast live oak, and Tree# 42, a Monterey pine, have co-dominant leaders with included barlc. This condition often results in a major limb failure as the tree matures. The common method to manage this wealcness is to install cables, which in most cases prevents failures of this type. Prepared by Michael L. Bench, Consulting Arborist December 20, 2011 2 28 An Evaluation of the Existing Trees at 20840 McClellan Road, Cupertino Tree# 38, is a 36 inch diameter coast live oak(Qzze��czzs�ag��ifolia). Its health is excellent and its structure is quite good. The canopy is approximately 40 feet in height and the canopy spread is approximately 60 feet. Tree #38 is by far the largest and the best specimen among the trees on this property. Protected Trees The City of Cupertino ( Chapter 14.18 ) " finds that the preservation of specimen and heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and the public thereo£" The City "finds it is in the public interest to enact regulations controlling the care and removal of specimen and heritage trees..." A"Heritage Tree" means "any tree or grove of trees which, because of factors, but not limited tq its historic value, unique quality, girth, height or species, has been found by the Architectural and Site Approval Committee to have a special significance to the community." A "Specimen tree" means any of the following: Species Measurement from Single Trunlc Multi-Trunlc Natural Grade Diameter/Circumference Diameter/Circumference Oalc trees; 4 '/�feet 10 inches (31 inches C ) 20 inches D (63 inches C) California Buciceye Big Leaf 4 '/�feet 12 inches (38 inches C ) 25 inches D (79 inches C) Maple; Deodar Cedar; Blue Atlas Cedar Risks to Trees By Proposed Construction The current conceptual plan would require the removal of the following trees: Trees # 33, 34 (8 olive trees), Trees # 35, 36, 37, 39, 40, 41, 42, 43, 44, 45, 47, 48, and 49. Although some of these would not be directly in the path of a construction feature, they would be so severely damaged (root damage and canopy losses)that they could not be expected to survive. These include Tree# 34, 43, 44, 47, 48, and 49. Although Tree#46 may survive construction, the English walnut species (Jzzglar�s��egia) species, commonly performs poorly in most landscapes, and usually has a very short life span in urban developments. Because the plans are conceptual and preliminary, it is not possible to assess all of the potential rislcs to Tree# 38. In iny opinion, it would be essential that a consulting arborist review all of the proposed plans, including the Utility Plan, the final Grading and Drainage Plan, the Site Plan, and the Landscape Plan, to address the potential rislcs to Prepared by Michael L. Bench, Consulting Arborist December 20, 2011 3 29 An Evaluation of the Existing Trees at 20840 McClellan Road, Cupertino Tree# 38. However, the sacrifice of all of the aforementioned trees would be worth the preservation of Tree# 38, provided the developer, the contractor and the new home owners would be willing to malce the necessary modifications and changes that may be required to preserve Tree# 3 8. Recommendations L I recommend that a consulting arborist be required to review all of the proposed plans, including the Utility Plan, the final Grading and Drainage Plan, the Site Plan, and the Landscape Plan, to address the potential rislcs to Tree# 38. 2. I recommend that there be no grading, trenching, or excavation in the critical root zone area of Tree# 38 within a radius distance of 30 feet of the trunlc. There are minor exceptions, which would require the review and supervision of a Consulting Arborist(this is a person with a higher level of training and experience than a Certified Arborist). Respectfully submitted, _ �-+L_ Michael L. Bench, Consulting Arborist International Society of Arboriculture Certification#WE 1897 American Society of Consulting Arborists Member Attachinents Field Data Sheets Conceptual Grading and Drainage Plan Marlc Up Assumptions and Limiting Conditions Prepared by Michael L. Bench, Consulting Arborist December 20, 2011 4 30 An Evaluation of the Existing Trees at 20840 McClellan Road, Cupertino Prepared by Michael L. Bench, Consulting Arborist December 20, 2011 5 31 Suejane Han Property 20840 McClellan Road Cupertino,California F7eld Dat�Sheet 208�10 A1cClellan Road C�perfino,C_a T# T��e f�eme DBFV D�H FV9h� SP�m H��n 5�� CD/IB �PPm PVm�es 6530 5�,�< �„ "' "_ ,_ < , o��., 0 5 �5 ,�. I� ,�� -� ,� �-_ < < , �,��. , ,-�,��_,�,� 653'� 5��< � �„�y�o��., 12 "� 20 " i. ,'�s I o�.��.�� o L�-�. � �.��„g 6532 L�-o.��..�- o��„�. 20 "� 2� " " O��.., �.�-o:��.., 6533 L�-o.��..� o��„� � "3 "� 2� " 1 653� L�-o�..,- o��,� "0 "� "� " 2 F' I �. S��„��.,-�- S��,�, &Co��_��o. 6535 L �:� � �,�,,,,� � "" � 2� � � J< <:�: g��F, 6536 :o.,- � o,k U 20 20 ] �'�s Q�< <�, _ �o�, 6537 C��:��-;_��,� oF,k 9 20 "� " " 6538 .��,.�._��„�, oF,k 36 %0 ,�, " � 6539 I'�.<-,- "" %0 3� _ _ �. , �� o�,�� 6540 M��--�.-�.y :��„� 2" �0 <� " 3 I � �, .��,��.,_., 654"� I_.,��., o _ .�� . "9 30 3� " 2 6542 Mo—�.-�.y��„� 22 n0 3� � % Y�s 6543 n:�:��. "0 "0 "� � � I �-k �,«F,y M.,��-; ,.�«�� 654� n:�:�� "� ��, " 3 6545 C.,-.,-y Is�a„�� „� 27 �0 30 " " 6546 L-�:��sh. F,�,,,,� "0 20 2� 2 3 6547 L-�:��s- ..,.,�,,,� � 20 30 2 � 6548 �-�:��s- �F,�,,,,� � "� 30 2 6549 L-�:��s. .�_,�� 15 20 �� 3 � Prepared by Michael Bench Consulting Arborist December 20,2011 32 �'rc�11�i�p P rep�rcd b� A'I i ch aei L. Bcn�h, — ,.— _—.'.,----._._.� �'on�culii�g Arb�rist --- � � De�emher �#l. 2�1� �.��.� ��r-��l �'� ��'� '�-'?�i�� 0�,�� '41�rk-Up af the C:o�ceptu�l — > �r��n� �nd �]r�k��ge P��n • � � ,� , 20� '4+i�[:l�llan l�a�d G��.O� �.�{� . �+ 3� 3� .- �---�, h� �'u�ertino, �'alif�rnia } .. +�} .�^--- i'? +�i1 �� .. '_ �� M1 3+� �� __ ��i ��G=� ��f l�[1�T S'��'( �j�� - G. ��. � �. � ��`�1�� '�� ;TOR� ��J�� _ �— �x � °` �.�. �al,o� � i-��D�� I�L�� '_ � .. �� U�.� h�1 l�� ,� � 38 W��'t' W��. `�� `��U�� I � � � � +-E�P �-l�{ �� :, � � . 3� i, .�'� -� � � � �� ' � � ��DO � . � �. �� , Sy '�, �� . � � �� _ � � ��i � ` �� ' �� * � �. ._..�.7 � , �� ~` � � �' �� . �. �� _ � �- ��1��..1�� l �� -� � -- �� s � ��,1 �� L�� - �. �� .��-�1� �, �� iC,�-��-!��.� . � .� • ��r �� • � � �� If ��'- �:f�`"fin�6 �� r�� , � 33 Michael L. Bench - 7 - Consulting Arborist ISA #1897, ASCA (831� �9-1-�1�1 Fax (831� 663-0373 7327 Langley Canyon Rd.,Prunedale, CA 93907 Subject: 208�0 McClellan Road Propei� Cupertino, Califoriva December 20, 2011 Assumptions and Limiting Conditions 1. An� description pro�ided to tlie appraiser/consultant is assumed to be correct.An� titles and ow nerslups to an� propeit� are assumed to be good and marlietable.No responsibilin is assumed for legal matters in cliaracter nor is an� opiiuon rendered as to tlie qualin of an� title. 2. It is assumed tliat an� propei� is not in�iolation of an� applicable codes,ordinances, statutes,or otlier go�eriunental re��lations. 3. Care l�as been talien to obtain infonnation from reliable sources. All data l�as been�erified ii�sofar as reasonabl� possible.How e�er,the appraiser/consultant can neither��arantee nor be responsible for tlie accurac� of information pro�ided b� otliers. �. Tlie appraiser/coi�sultant sl�all not be required to gi�e testimon� or to attend couit b� reason of tlus appraisal uiiless w ritten arrangements are made,including pa�ment of additional fees for sei�ices. 5. Loss or remo�al of an� part of tlus report in�alidates the entire appraisal/e�aluation. 6. Possession of tlus repoit,or an� cop� tliereof,does not impl� right of publication or use for an� purpose b� an� person otlier tl�an to w liom tlus repoit is addressed w itliout w ritten consent of tlus appraiser/coi�sultant. 7. Neitlier all nor an� pait of tlie contents of tlus repoit,nor cop� tliereof, sl�all be used for an� purpose b� an�one but tlie client to w liom tlus repoit is addressed,w itliout tlie prior w ritten consent of tlie appraiser/consultant;nor sl�all it be con�e�ed b� an�one,including tlie client to tlie public tluougli ad�eitizing,public relations,new s, sales,or otlier media,w itliout tlie w ritten consent and appro�al of tlie autlior;paiticularl� as to�alue coi�siderations,identin of tlie appraiser/coi�sultant to an� professional socien or ii�stihrte or to an� designation conferred upon b� the appraiser/coi�sultant as stated in lus/her qualificatioi�s. 8. Tlus report and the�alues eipressed herein represent the opiiuon of the appraiser/coi�sultant. Further,the appraiser/consultant's fee is in no way contingent upon the reporting of a specified �alue nor upon an� finding or recominendation repoited. 9. Slietches,diagrams,graphs,photos,etc.,in tlus report are intended as�isual aides and are not done necessaril� to scale and should not be coi�stn�ed as engineering information or specifications. 10. Tlus repoit l�as been made in confonnin w itli generall� acceptable appraisal/e�aluatioi�/diagnostic repoiting metliods and procedures and is consistent w itli practices recominended b� tlie International Socien of Arboriculture and tlie American Socien of Coi�sulting Arborists. 11. The appraiser/coi�sultant talies no responsibilin-for an�-defects in any tree's structure. No tree described in tlus repoit/e�aluation l�as been climbed,uiiless otliei�a ise stated,and,as suc1L stn�ctural defects that could oiil� l�a�e been disco�ered b� climbing are not reported. Liliew ise,a root collar ii�spection,consisting of eica�ation of soil around the tree for the purpose of unco�ering major root defects/w ealinesses, lias not been pei�'ormed,uiiless otliei�a ise stated. 34 Attachment 3 Initial Study for the M 1 11 n R c e a oa . R z nin n eo a . . . u ivis lo n Prepared by the City of Cupertino �UPERTIiwl4 July 2 013 35 36 TABLE OF CONTENTS Page SECTION 1.0 INTRODUCTION AND PURPOSE......................................................................3 SECTION 2.0 PROJECT INFORMATION..................................................................................4 2.1 PROJECT TITLE...........................................................................................4 2.2 PROJECT LOCATION.................................................................................4 2.3 LEAD AGENCY CONTACT .......................................................................4 2.4 PROPERTY OWNER/PROJECT PROPONENT.........................................4 2.5 ASSESSOR'S PARCEL N[_JNIBER..............................................................4 2.6 GENERAL PLAN DESIGNATION AND ZONING DISTRICT.................4 SECTION 3.0 PROJECT DESCRIPTION....................................................................................8 3.1 OVERVIEW..................................................................................................8 3.2 PROPOSED REZOIVING..............................................................................8 SECTION 4.0 ENVIRONMENTAL SETTING, CHECKLIST,AND DISCUSSION OF IMPACTS...............................................................................................................13 4.1 AESTHETICS.............................................................................................. 13 4.2 AGRICULTT_]RE AND FORESTRY RESOURCES.................................. 17 4.3 AIR QUALITY............................................................................................ 19 4.4 BIOLOGICAL RESOURCES.....................................................................26 4.5 CULTT_]RAL RESOURCES........................................................................36 4.6 GEOLOGY AND SOILS.............................................................................40 4.7 GREENHOUSE GAS ENIISSIONS............................................................44 4.8 HAZARDS AND HAZARDOUS MATERIALS........................................52 4.9 HYDROLOGY AND WATER QUALITY.................................................58 4.10 LAND USE..................................................................................................66 4.ll NIINERAL RESOURCES...........................................................................68 4.12 NOISE..........................................................................................................69 4.13 POPULATION AND HOUSING................................................................78 4.14 PUBLIC FACILITIES AND SERVICES....................................................84 4.15 RECREATION............................................................................................84 4.16 TRANSPORTATION..................................................................................86 4.17 UTILITIES AND SERVICE SYSTEMS ....................................................90 4.18 MANDATORY FINDINGS OF SIGIVIFICANCE.....................................94 SECTION 5.0 REFERENCES.......................................................................................................98 SECTION 6.0 LEAD AGENCY AND CONSULTANTS.........................................................101 Photos Photo1 ................................................................................................................................................. 14 Photo2................................................................................................................................................. 14 C'it� of C'upertino 1 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 37 Jul� 2013 TABLE OF CONTENTS Page Figures Figure2.2-1 Regional Map.............................................................................................................5 Figure2.2-2 Vicinity Map..............................................................................................................6 Figure 2.2-3 Aerial Photograph and Surrounding Land Uses........................................................7 Figure 3.2-1 Proposed Subdivision and Conceptual Building Plan.............................................10 Figure 3.2-2 Conceptual Elevations (Parcel A)............................................................................11 Figure 3.2-3 Preliminary Tree Replacement Plan........................................................................12 Tables Table 3.2-1 Development Summary .............................................................................................8 Table 4.3-1 Bay Area 2010 Clean Air Plan Applicable Control Measures ................................22 Table 4.4-1 Summary of Tree Species and Size .........................................................................26 Table 4.4-2 Tree Replacement Ratios.........................................................................................32 Table 4.7-1 Climate Change Scoping Plan—Recommended Actions Compared to Proj ect Features....................................................................................................................48 Table 4.12-1 Land Uses and Acceptable Noise Levels.................................................................70 Table 4.12-2 Examples of Acceptable Brief Daytime Incidents...................................................71 Appendices Appendix A Tree Survey Appendix B Preliminary Geotechnical Investigation Appendix C Hazardous Materials Reports C'it� of C'upertino 2 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 38 Jul� 2013 SECTION 1.0 INTRODUCTION AND PURPOSE This Initial Study of environmental impacts 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. The City of Cupertino is the Lead Agency under CEQA and has prepared this Initial Study to address the impacts of the proposed 20840 McClellan Road Rezoning and Subdivision on the 0.96-acre project site south of McClellan Road at its intersection with Bonny Drive. The proj ect proposes a four-lot subdivision to construct a private roadway and single-family residences on three parcels. An e�sting single-family residence and smaller residential building with associated carports and sheds would be demolished to accommodate the proposed development. Tiering of Environmental Review CEQA Section 21093 (b) states that environmental impact reports shall be tiered whenever feasible, as determined by the lead agency. "Tiering" refers to using the analysis of general matters contained in a broader Environmental Impact Report(EIlZ) (such as one prepared for a general plan or policy statement)in subsequent EIRs or Initial Studies/negative declarations on narrower proj ects; and concentrating the later environmental review on the issues specific to the later project [CEQA Guidelines 15152 (a)]. Tiering is appropriate when it helps a public agency to focus on issues at each level of environmental review and to a�oid or eliminate duplicative analysis of environmental effects examined in previous environmental impact reports [CEQA Guideline 21093 (a)]. In accordance with CEQA Sections 21093(a) and 21093(b) and CEQA Guidelines Section 15152(a), this Initial Study tiers off the City of Cupertino General Plan Final EIR(State Clearinghouse #2002122061) certified by the City Council on November 15, 2005. In several areas, such as land use and population and housing this Initial Study tiers off the analysis of planned growth and development in the 2005 City of Cupertino General Plan Final EIR. This Initial Study evaluates the project specific environmental impacts that were not addressed in the General Plan Final EIR and those that might reasonably be anticipated to result from the implementation of the proposed 20840 McClellan Road Rezoning and Subdivision project. C'it� of C'upertino 3 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 39 Jul� 2013 SECTION 2.0 PROJECT INFORMATION 2.1 PROJECT TITLE 20840 McClellan Road Rezoning and Subdivision 2.2 PROJECT LOCATION The 0.96-acre project site is located on the south side of McClellan Road at its intersection with Bonny Drive in Cupertino. The proj ect site is bounded by McClellan Road to the north and residential properties to the south, east, and west. Regional and vicinity maps of the proj ect site are shown in Figures 2.2-1 and 2.2-2. An aerial photograph showing surrounding land uses is shown on Figure 2.2-3. 2.3 LEAD AGENCY CONTACT City of Cupertino Community Development Department Simon S. Vuong, Assistant Planner 10300 Torre Avenue Cupertino, CA 95014 (408) 777-1356 2.4 PROPERTY OWNER/PROJECT PROPONENT Suej ane Han Cherryland, LLC 21881 Dolores Avenue Cupertino, CA 95014 2.5 ASSESSOR'S PARCEL NUMBER 354-20-031 2.6 GENERAL PLAN DESIGNATION AND ZONING DISTRICT General Plan Desi�nation: Lo��Density Residential(1-�DLI"Gr. Ac.) Zonin�District: RI-10-Single Family Residential C'it� of C'upertino 4 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 40 Jul� 2013 �/�� K�� /BqR qpERO Ro. SAN � oR��oN FRANCISCO :� p�� BAY R°� ° m ��1� J �? D �p 1 � � �O�\� �,� �-� MOUNTAIN PP ��"� VIEW � LOS � ALTOS ,�. m � �o � : c�� ~ SUNNYVALE �� F'�'A -' MONTAG �c � �l- EXP W Y, � z �� . 2 � �� ANTA � � �� CLARA CUPERTINO .... 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' ; - • ��. � - � �� - Y-- -- _ •, �:. �y.,�-� ._ � : �'� � �. �� ,I� � }' i ,,c '`' r�� . � n• .:�. , �, .. �" �� I �- K'-��'� .�, .`- _ .� i. Y�:• :�;� , wr L:•-- . ,�;:•�; � , `.�� :�'�� - 1 i - .. ; ' , , ~=�x, _ � ,� �, � � • �- `�a`�.-- .+ � _ . ; ,��ii :, �� _:� .� �:��-; _ � ,�:.. : � _� �� . ;.� , �Y :r `�- _ .� : . . � �.. � . - �� =�� ' .�., • . � ��°:=`��''�' ..� � `` . • � •;;u:* . ��,� i• t '� ;� �`�',.'� , �r: i' ` - - -- � • .o�,-�,'. x-.. � .Y� --nr.s �, - , . • �� 3 ��' , '�-��,: a!ikt� �' �� Project Boundary �t1� -�. ' �,,:' _•. • - t ... .-,:.. ~ •.� ��- �#-:'•�""' : -`�..� _ -n` � �:�`� - - . `.�-t .,�:`_ �'a; �:. - t. .� .. r. a� - i F � Scale: 1' -±105' �yM '�� •- - - -�; � -� _ - _ _ --. - -• :�# _ - `�. • -- ~ � � _ ti ��.~- Photo Date: Oct.201 1 N '° r Residential l ;' 1. '�:. •�- � '+� , r p�t � •� � -^j. �_-�'-��-��;:�%� ;��^ �• 1' •' . ' • . . ��; f�� _ ��'�� a� _�e�� i.� ' `' ' ��`w .. s�.;��-Jr,>��:�• . R_•F:Er;),=i�•.s.� �'_;�� ^�i_�'�. _ -. .-� -�`w-__i. �..._�a�. e.. •.CS�. . . . ��r_�: AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 2.2-3 SECTION 3.0 PROJECT DESCRIPTION 3.1 OVERVIEW The appro�mately 0.96-acre proj ect site fronts McClellan Road at its intersection with Bonny Drive in the City of Cupertino. The project site contains two residences with an associated carport and two sheds. The proposed rezoning of the site would result in demolition of the e�sting buildings and allow for construction of three(3)two-story residences and a private driveway. The proj ect site is located in a residential area of Cupertino and is designated in the City's General Plan for Lo��Density Residential(1-�DLI"Gr. Ac.) land uses. The project site is zoned RI-10-Single Family Residential which allows for single-family residential development on 10,000 square foot lots. The proposed project would rezone the site to RI-7.�-Single Family Residential to allow future construction of three single-family residences on lots exceeding 7,500 square feet. 3.2 PROPOSED REZONING Proposed Parcels The proj ect proposes the subdivision of the property Table 3.2-1 into four lots to allow the future construction of three Development Summary (3) single-family residences and a private road (refer Parcel Size Allowed Residence to Figure 3.2-1). Parcels A through C on the site Parcel � (s.f.) Size(s.f.) would be redeveloped with single-family residences parcel A 8,051 3,622 (refer to Figure 3.2-2) and Parcel D would be the Parcel B 8,399 3,779 private road serving these residences. The proposed Parcel C 9,��8 �,251 parcels and allowed residence sizes are shown in Parcel D 13,075 -- '1'able 3.2-1. Notes: s.£=square feet 'Based on the R1-7.5-Single Familv Residential Zoning Ihstrict mavmum floor area ratio of 45°o of the net lot area. Site Development Standards Site development standards for the proposed zoning district(R1-7.5-Single Family Residential) include: • Minimum lot size of 7,500 square feet with a minimum lot width of 60 feet; • Conformance with the Landscape Ordinance; • Ma�mum floor area ratio of 45 percent of the net lot area; • Minimum first floor front setbacic of 20 feet, side yard setbacic of 15 feet combined, and rear yard setbacic of 20 feet • Minimum second floor front setback of 25 feet, side yard setback of 25 feet combined or 30 feet combined to avoid Residential Design Review, and rear yard setbacic of 25 feet • Ma�mum height 28 feet, no more than two stories. C'it� of C'upertino 8 Initial Stud� 20840 McC'lellan Road Residential 44 Jul� 2013 Sectio�r 3.0—ProjectDescriptio�r Site Access and Parking The proj ect would provide vehicular access to the site via a private road off of McClellan Road. Sidewallcs would be provided along the south and east sides of the private road and along the McClellan Road frontage of the site. As shown on Figure 3.2-1, visitor parl�ing could be provided by six curb side parl�ing spaces on the proposed private road. Demolifion and Grading An e�sting single-family residence and smaller residential building with associated carports and sheds would be demolished to accommodate future development of residential structures on the site. Appro�mately 98 e�sting orchard and landscape trees would also be removed as a part of site clearing(refer to Figure 3.2-1 and Section 4.4.2.2 Trees). The project site is flat and, therefore, minimal grading is required to prepare the site for future development. Remediation worlc on the site will also require the removal of 0.5 to 1.5 feet of top soil from contaminated areas of the site and the importation of clean fill (refer to Section 4.8.2.1). Landscaping A preliminary planting plan for the site is shown on Figure 3.2-3. Two e�sting trees could be retained on site, including a large oalc tree on Parcel A and a walnut tree on Parcel C at the southwest corner of the property (refer to Figure 3.2-3). Retention of the large oalc tree on Parcel A is contingent on the completion of remediation activities beneath its canopy without significantly impacting the root structure and overall health of the tree(refer to Section 4.8.2.1). If retained, the final disposition of the tree will be determined following remediation of the site based upon an evaluation by the City's consulting arborist. Right-of-Way Dedication The proj ect will dedicate 3,000 square feet(appro�mately 0.07 acres) of the frontage of the site to the City of Cupertino. The project site currently e�tends to the center line of McClellan Road and includes an AT&T telecommunications easement. The 30-foot wide street right-of-way along the length of the project frontage will be owned and maintained by the City. C'it� of C'upertino 9 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 45 Jul� 2013 ¢ \ F� _ __ __ __ _ _ N _ao __ _ __ __ __ z � � ` r m NNW 2131tlM' � McCLELLAN RO D (60'RW/R�W�3M35.z � ,00'D04,,,, � 100.00'N89°ST00"E �300LSe68�N � EET DEDIClcTION _ Nmw a3m3s o � r� ��C IC TELE�HONE�� ,� � (RE D /1 O�R i �3 , � _ 11,BOOK898, N e - E 213 T REMA ' < < i ) Ot s � .68'0� �c�N N � � N d� _ i (E)DRIVEWAY � ��—`�� ¢' "' � �� °�� 1 �� , `�:. � u�': � Is3� .�w . w i �f 0 I a U � �:�� ,,_e. g� � �s� (E)DRIVEWAV g� � h e i E H E ��soo�=ee wi � ) OUS . 2-�s - 5', � aH iuix3 �N ` � ,�� Nv�� wP��E� �I ', °3 �� .185 AC � (E)HOUSE � � ' .1P0' � li I� p • e I . ALL EXIS ING � SIDEWALFC �'� � BUILDI GSTO li .+,�pp� BEREM VED i . I � j :. � a CURB&GUTTER �° :� X � � � � P`N $ .�i°�a. 38 LANDSCAPING � R�� Y� �@�N i �` I �� 'a�_ 64.0 � i i � � �� ° p �� ;a � X �s a; CURB SIDE PARKING (6)SPACES �� 4 �r � 39 w�� PARCEL-B � '^ > � � 8,399 SF = � � ��°� � s ��93 ACR�S ae� ` o o `c Z z �N� ,ao` ^ o��' °z�Q, � �6 � � �N "6>> tso` a� '� ° w x U �`c�� I O �. �L � "'dq� � �I / s�§ '�¢� 49 ao P R p�ro v ��a /� r07�°' �� PA � ry 0. A„�Q � '� i _ `�� ze.so� ° R�.b„ __ � C3 �z I \ Z * �� ,� � ry � �� 1a � � z ��34.50' � o 3� � �� o� DRIV 3 r r+ 4 1C c°,�` �ARCEL-C� r�� — 9,448 SF � , 02�7ACRES ° N � q )4 — �o o zo so �oo 460 1 � �e � �00' � � .68'N� PROPOSED SUBDIVISION AND CONCEPTUAL BUILDING PLAN FIGURE 3.2-1 1�6 R � � � �� 9'-o" �� 4, „ �z'-o" ❑❑❑❑❑❑❑❑❑❑❑❑ �, 6„ i ❑ � ❑ �� L�1LI ❑ ❑ ❑ ❑❑❑❑❑❑❑❑❑❑❑❑ — �� NoRTH E�EVATioN souTH E�EVATioN � �� ❑ ❑ �� ❑ �� WEST ELEVATION � � � ❑ �� EAST ELEVATION CONCEPTUAL ELEVATIONS (PARCE� A) FIGURE 3.2-2 i ---------------�' � '� -------------- McCLELLAN ROAD -----------�---- 20860 20840 ; -I -- �---- -------- I � , ' e�o�=� o�a�o^o � I H I I $8po°�°a 4`�e°�� I � i i i I I � � � I I I I � � � I I I �� I I I I PARCEL-A I I , � , � I � I , I � I � , � � � , � , I � � � I � x � � � I I � � , � � W , I ' I H zo� , i a ' X I , , , R � � � � � , _�,��, � i i d _ L>. i I � � � �� + � � � � I , I � I y� x � ' � ' � I I � ' � '� � � I � � I I � � PARCEL-B � � I � I � I ' ' LEGEND � � e8o^� zo��o�o I � o g �°�'o . � `° °�°�0° PROPERTY LINE BEFORE DEDICATION i ' I � i I �� °��°�� ---- PROPERTY LINE AFTER DEDICATION � � � o�,00�o i I I �\ ------- CENTERLINE i � � ��0°0 � �o EASEMENT I � i �� __'°0e�oo ----- i � o ///```�� i 1 � sgodo � EXIST.TREE TO REMAIN � � �g p�� ' �� i /�\ � �mo^�do� I __ g� o ( ) TREE PROTECTION FENCE � ep�s i oa8� o�°"b��, ,20720' *� �t I �°° oe I a�oo�ga :�ao�a 000�o°g NEWCAMPHOR ° g (15)-24"BOX °�a°oo°o i I i�� NEW FERN PINE (9)-24"BOX � PARCEL-C i � NEW ITALIAN CYPRESS (7)-15 GAL � � � OAK IN REMEDIATION AREA � os8�6ao ono�°do ae°�°°°o 46 � �ao o°oa gao°p'a�o (E)10�� ) ° o � � �� os g� o 1REE k °o�od"� �8oe@o°^ eo�os 9y,o�woe oo�a PRELIMINARY TREE REPLACEMENT PLAN FIGURE 3.2-3 1�8 SECTION 4.0 ENVIRONMENTAL SETTING, CHECKLIST, AND DISCUSSION OF IMPACTS This section describes the e�sting environmental conditions on and near the proj ect area, as well as environmental impacts associated with the proposed project. The environmental checl�list, 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 checl�list 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 measures that will minimize, a�oid, or eliminate a significant impact(CEQA Guidelines §15370). 4.1 AESTHETICS 4.1.1 Setting 4.1.1.1 Project Site The proj ect site contains a single-family residence which fronts McClellan Road. An additional residence is located behind the main residence and is not visible from the public right-of-way. Views of the proj ect site from McClellan Road are mostly obscured by mature trees and vegetation(refer to Photos 1 and 2). The 1950s era residences are constructed of wood and stucco. The property is accessed by a semi-circular driveway with two entry points from McClellan Road. The site is flat and public views of the site are limited to local views from the adjacent roadways. 4.1.1.2 Sun^oun�ling Visu�cl C'h�cr�ccter The proj ect site is surrounded by e�sting suburban residential development and a roadway. One and two-story wood and stucco clad single family residential buildings are located on adjacent properties. McClellan Road also contains quasi-public uses west of the project site(e.g. daycare, school, churches) and commercial uses are located east of the site at its intersection with DeAnza Boulevard. McClellan Road is an east/west minor collector roadway used by automobiles and buses. Mature landscape trees and shrubs in the neighborhood provide a visual buffer between residences and the heavily tra�elled roadway. C'it� of C'upertino 13 Initial Stud� 20840 McC'lellan Road Residential 49 Jul� 2013 Section-l.0—Ern�ironr�xental Setting, C'hecklist,and Discnssio�r oflrixpacts Photo 1-View of 20840 McClellan Road lool�ing south from the northwest corner of McClella��Road a��d Bomry Drive. f - ___ ��_� -- - � �R� _ __ � _ _ _ . .,....�, irs -� - :i r ."�. ,.3.. `�"'. a� ^.=i��' .w�' �.�"•' :i��., . ' .. . �3.._ '�3�...t..r �. ,�r :.��k;;. :�.:.. " f , � •: ,' ..:;:.... ., r+, r - �Ub�.S:n.. � .,,, ,�. �4�.� `� _ :.;!�'.'�:.�•; .:.�.� � a '7 � . .��:lr.. � .�Y. �J •�'y�y� ,� ��Y'� :f•3 7.� " . �''y .� _ .FP .' �`��.��, .. .i„" � ..-'�-'.-�� . ^�""�it. �'�' •�'� r ,. '� ,;.� ... �_?� .�{r.-i:.- �.�� .:. : :':. ::� ��, _, . :.�• . h � r `� .. i�.�� 2 .. . : .. , . }'�:: �:�s.y.�.y,�"'�." � � - �� .�y � ,.,� '..�.. .�� i•l,y. 3� .�� -a -. :'-•:,_ �in,.,.r� "'� .�y�'�•.:>-:$ • - .�•: a'�F^�.+4^-'�. �f �.: • - �� ;v,sW�''' .:? :,*�; � ' 7..:.i. G Y • ! � {� .. •�:.�•+��r•�� •� .��•��, ' r . . .• f.� 3�'�; ."" � n ��: ^,s�, yp "`""�^ -'z•.��,�;�!'�' w�' ��:r��. � . y.� s.;�F�+� _:F",5�?.� — — :�:�:;.ati,�F. •�, � :i• ,.�: :a, ,.�'• + • ,F<�,,. ; �: ..� •` : ''".y r ��r ,. ,.:. ,�a s: ; y,:, �.�;' ,y,�e ..•+;:'. .',:�� - �.. 1 �C "� ' y..� .,�� , .rr 'R �� : •.�� i�..: � ;,+r. �i_' _ � ;:�.� , � __ _�-4—� - �.'+' — - • Photo 2-View of 20840 McClellan Road lool�ing south from the northeast corner of McClella��Road a��d Bomry Drive. , x� , � � -,..�.�.,y,� :s�; �,<.. . �� •,h•� r�_l�.' �r}y r' i� a ' pM ,� �� ''� kl'.."��a�'• ' r� ' • ' �1 �~E'�w'�`�.� e'� Iti 4. . � Y '� . � ,�" A i, �y t .. F �f'.�.��.�.�r�.� '� ��f'�� :!'�"'' � /. , .�r,yr�r.F.,�.G�. . �r, ,irV"..p .b}. ,/� ��}.f.. �.y y5 . 1` I�r kt'��'°� ,�r t3';'.,r.•"�� 's'k' f 'k' � �`y it. :��i::� v�.��^.... �"�..'.�� f �,'� S. 'y. !r. �r��[�7°iK� •�. Y �n�.'!!'" 3 yy N � �'' ',r... ., ��_,{�. ' � �f.�[...��}�4�r. � ry 'd :v.r � �`. i` � �r• 3 . „ ' dY.�y� �<• ,�y'R��'-:.�r..�i. .;� �;el�`�� '63P'�� .�� • "'r :��k�?� [ ��.��.5w��r :*_, � �� .N� '��? Ar � r ' `�� 4.; ' 'S� • � �w ��.'M� E ,ty[. I .,;�• � !� —41} I ��.�� - � - �� . . � - . -� "�-- • " '.--5': - - • � ' . C'it� of C'upertino 14 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 50 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.1.1.3 Scenic Vie�vs The Montebello foothills at the south and west boundaries of the valley floor provide a scenic backdrop to the City of Cupertino. The project site is flat and does not provide prominent viewpoints of scenic resources from public vantage points. Views of the foothills from the project site are obscured by vegetation. 4.1.2 Aesthetic Imuacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Ha�e a substantial ad�erse effect on a scenic ❑ ❑ ❑ � 1,2 �ista? 2. Substantiall��damage scenic resources, ❑ ❑ ❑ � 1 including, but not limited to,trees,rocic outcroppings, and historic buildings�vithin a state scenic high�va��? 3. Substantiall��degrade the eiisting�isual ❑ ❑ � ❑ 1 character or quali��of the site and its surroundings? 4. Create a ne�v source of substantial light or ❑ ❑ � ❑ 1 glare�vhich�vill ad�ersel��affect da��or nighttime�ie�vs in the area? Aesthetic values are, by their nature, very subjective. Opinions as to what constitutes a degradation of visual character will differ among individuals. One of the best available means for assessing what constitutes a visually acceptable standard for new buildings are the City's design standards and implementation of those standards through the City's design process. The following discussion addresses the proposed changes to the visual setting of the proj ect area and factors that are part of the community's assessment of the aesthetic values of a project's design. 4.1.2.1 Imp�cct to Scenic Vieivs or Scenic Resources The project site is located within a developed area on the floor of the Santa Clara Valley. The site does not provide scenic open space and is not located along a state scenic highway. Redevelopment of this suburban site, therefore, would not ha�e a direct adverse effect on a scenic vista or damage scenic resources. As discussed previously, scenic views from the proj ect vicinity are limited. In addition, views of the site are limited to the immediate area. The foothills west and south of the site are generally obscured by e�sting development and landscape trees. Implementation of the proposed project would not C'it� of C'upertino 1� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 5� Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts substantially block scenic views and is not anticipated to have a substantial effect on a scenic vista. (No Impact) 4.1.2.2 C'h�cnge in Visu�cl C'h�cr�ccter The visual character of buildings is a function of design features including roof design (for example flat versus pitched or sloping roofs) and fenestration(window design), as well as building height. Building heights within a structure can also be varied (or modulated)in ways that add interest or soften a building's interface with the street. For example, building heights can be"stepped back" with shorter elevations in the front and varying roof shapes and heights can reduce the apparent mass of a building and create an appearance that fits into an area with different heights and varying roof styles. The design of building entrances, including use of awnings or porches, and other features can reduce the mass and perception of overall building scale at street and pedestrian interfaces. The scale and mass of buildings on the project site would increase under the proposed project. The proposed project would replace an e�sting single-story residence, visible from the roadway, with a private road and two-story residences visible from the public right-of-way. A representative conceptual elevation for these residences is shown in Figure 3.2-2. New trees will be planted on the site and along the street frontage that would soften views of the new development. The project would dedicate 30 feet of right-of-way along the street frontage which would allow for the construction of a sidewallc where none e�sts today. Final building and landscaping design would be determined during the Two-Story Permit process. The allowed building size and conceptual elevations for future residences on the site are similar to more recent(mid-1990s) development located east of the site. Residences allowed on the site, therefore, would not substantially degrade the visual character and quality of the project site or area. (Less Than Significant Impact) 4.1.2.3 Light�cn�l Gl�cre Imp�ccts The proj ect would have windows and lighting typical of two-story residential construction (refer to Figure 3.2-2). Additional residential lighting on the project site would not be substantially greater than that created by e�sting residences in the project area. The project, therefore, would not result in substantial light or glare impacts that would adversely affect residences or other land uses surrounding the project site. (Less Than Significant Impact) 4.1.3 Conclusion The proposed project would not result in significant visual or aesthetic impacts. (Less Than Significant Impact) Cin�of Cupertino 16 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 52 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.2 AGRICULTURE AND FORESTRY RESOURCES 4.2.1 Setting 4.2.1.1 Agricultur�cl Resources According to the Santa Clara County Important Farmland 2010 map, the project site is designated as Urban and B7�ilt-Up Land. Urban and B7�ilt-Up Land is defined as residential land with a density of at least six units per 10-acre parcel, as well as land used for industrial and commercial purposes, golf courses, landfills, airports, sewage treatment, and water control structures. Currently, the project site is not used for agricultural purposes and is not the subject of a Williamson Act contract. The site is located within an urban area of Cupertino and there is no property used for agricultural purposes adjacent to the project site. 4.2.1.2 Forestry Resourees The project site does not contain any forest land and no forest or timberland is located in the vicinity of the proj ect site. 4.2.2 Agriculture and Forestrv Resources Imuacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Con�ert Prime Farmland,Unique Farmland, ❑ ❑ ❑ � 3 or Farmland of State�vide Importance (Farmland), as sho�vn on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agenc��,to non-agricultural use? 2. Conflict�vith eiisting zoning for agricultural ❑ ❑ ❑ � 3 use,or a Williamson Act contract? 3. Conflict�vith eiisting zoning for, or cause ❑ ❑ ❑ � 1,2 rezoning of,forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined b��Public Resources Code section 4526),or timberland zoned Timberland Production(as defined b�� Go�ernment Code section 51104(g))? 4. Result in a loss of forest land or con�ersion ❑ ❑ ❑ � 1 of forest land to non-forest use? Cin�of Cupertino 17 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 53 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 5. In�01�e other changes in the eiisting ❑ ❑ ❑ � 1 en�ironment�vhich,due to their location or nature,could result in con�ersion of Farmland,to non-agricultural use or con�ersion of forest land to non-forest use? 4.2.2.1 Agricultur�cl Resource Imp�ccts As discussed above, the project site is not designated as farmland or used for agricultural purposes. For these reasons, the proposed project would not result in any significant impacts to agricultural resources. (No Impact) 4.2.2.2 Forestry Resource Imp�ccts None of the properties adjacent to the project site or in the vicinity are used for forestry and, therefore, the proposed project would not impact forest resources. (No Impact) 4.2.3 Conclusion The proposed project would not result in significant impacts to agriculture or forestry resources. (No Impact) Cin�of Cupertino 18 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 54 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.3 AIR QUALITY 4.3.1 Setting 4.3.1.1 C'linucte�cn�l Topogr�cphy The City of Cupertino is located in the Santa Clara Valley within the San Francisco Bay Area Air Basin. The project area's pro�mity to both the Pacific Ocean and the San Francisco Bay has a moderating influence on the climate. This portion of the Santa Clara Valley is bounded to the north by the San Francisco Bay and the Santa Cruz Mountains to the southwest. The surrounding terrain greatly influences winds in the valley, resulting in a prevailing wind that follows along the valley's northwest-southwest a�s. Pollutants in the air can cause health problems, especially for children, the elderly, and people with heart or lung problems. Healthy adults may experience symptoms during periods of intense exercise. Pollutants can also cause damage to vegetation, animals, and property. 4.3.1.2 Region�cl�cn�l Loc�cl C'riteri�c Pollut�cnts Maj or criteria pollutants, listed in"criteria" documents by the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (CARB)include ozone, carbon mono�de, nitrogen dio�de, sulfur dio�de, and suspended particulate matter(P1V�. These pollutants can have health effects such as respiratory impairment and heart/lung disease symptoms. Violations of ambient air quality standards are based on air pollutant monitoring data and are judged for each air pollutant. The Bay Area as a whole does not meet state or federal ambient air quality standards for ground level ozone and PM�;and state standards for PMio. The area is considered attainment or unclassified for all other pollutants. 4.3.1.3 Loc�cl C'ommunity Risks/Toxic Air C'ont�cmin�cnts�cn�l Fine P�crticul�cte M�ctter Besides criteria air pollutants, there is another group of substances found in ambient air referred to as To�c Air Contaminants (TACs). These contaminants tend to be localized and are found in relatively low concentrations in ambient air. However, they can result in adverse chronic health effects if exposure to low concentrations occurs for long periods. Fine Particulate Matter(PM�;)is a complex mi�ture of substances that includes elements such as carbon and metals; compounds such as nitrates, organics, and sulfates; and complex mi�tures such as diesel e�aust and wood smolce. Long-term and short-term exposure to PM�; can cause a wide range of health effects. Common stationary source types of TACs and PM�; include gasoline stations, dry cleaners, and diesel bacicup generators which are subject to permit requirements. The other, often more significant, common source is motor vehicles on freeways and roads. Cin�of Cupertino 19 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 55 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.3.1.4 Sensitive Reeeptors BAAQMD defines sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are lilcely to be located. These land uses include residences, school playgrounds, child-care centers, retirement homes, convalescent homes, hospitals and medical clinics. Existing sensitive receptors near the project site include the residential uses to the north, east, west, and south of the project site and the daycare center/school to the west (refer to Figure 2.2-3). 4.3.1.5 Regul�ctory Setting The City of Cupertino is within the San Francisco Bay Area Air Quality Management District (BAAQMD). BAAQMD is the agency primarily responsible for assuring that the federal and state ambient air quality standards are maintained in the San Francisco Bay Area. Air quality standards are set by the federal government(the 1970 Clean Air Act and its subsequent amendments) and the state(California Clean Air Act of 1988 and its subsequent amendments). Regional air quality management districts such as the BAAQMD must prepare air quality plans specifying how state standards would be met. The BAAQMD's most recently adopted Clean Air Plan (CAP)is the Bay Area 2010 Clean Air Plan (2010 CAP). This plan includes a comprehensive strategy to reduce emissions from stationary, area, and mobile sources. The 2010 CAP provides an updated comprehensive plan to improve Bay Area air quality and protect public health, tal�ing into account future growth projections to 2035. Some of these measures or programs rely on local governments for implementation. The 2010 CAP also includes measures designed to reduce greenhouse gas emissions. 4.3.2 Air Quality Impacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Conflict�vith or obstruct implementation of ❑ ❑ � ❑ 1,4 the applicable air quali��plan? 2. Violate an�� air quali��standard or contribute ❑ ❑ � ❑ 1,5 substantiall��to an eiisting or projected air quali��iolation? 3. Result in a cumulati�e1��considerable net ❑ ❑ � ❑ 1,5 increase of an��criteria pollutant for�vhich the project region is classified as non- attainment under an applicable federal or state ambient air quali��standard including releasing emissions�vhich eiceed quantitati�e thresholds for ozone precursors? Cin�of Cupertino 20 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 56 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 4. Eipose sensiti�e receptors to substantial ❑ ❑ � ❑ 1,5 pollutant concentrations? 5. Create objectionable odors affecting a ❑ ❑ ❑ � 1 substantial number of people? 4.3.2.1 Project-Level Signific�cnce Threshol�ls The thresholds of significance for criteria air pollutants are a net increase of 54 pounds or more per day of reactive organic gas (ROG), nitrous o�de (NO,)> and/or PM�;; or 82 pounds or more a day of PMio. These thresholds are based on thresholds identified by BAAQMD in 2011. i The BAAQMD CEQA Air Quality Guidelines recommend that proj ects be evaluated for community rislc when they are located within 1,000 feet of freeways, high traffic volume roadways (10,000 a�erage annual daily trips or more), and/or stationary permitted sources of TACs. The thresholds for TACs are an increased cancer rislc of greater than 10.0 in one million, increased non-cancer rislc of greater than 1.0 on the hazard index(chronic or acute), or a PM�; increase of 0.3 µg/m'. 4.3.2.2 C'le�cn Air Pl�cn C'onsistency Determining consistency with the 2010 CAP involves assessing whether applicable control measures contained in the 2010 CAP are implemented. Implementation of control measures improve air quality and protect public health. These control measures are organized into five categories: Stationary Source Measures, Mobile Source Measures, Transportation Control Measures (TCMs), Land Use and Local Impact Measures, and Energy and Climate Measures. Applicable control measures and the project's consistency with them are summarized in Table 4.3-1, below. The proposed project is generally consistent with the control measures. i In December 2010,the California Building Indushti�Association(BIA)�iled a la�vsuit in Alameda Counn�Superior Court challenging to�ic au�contatnuiants and PM2.�tlu�esholds adopted b� BAAQMI)in its C E'C��Air°C�nnlit}•Guidelines(C'alifc�rnia Bzri7di�rgbrdzrstryAssociatio�r ti�.BnyArenAir Or�a7it}•lla�ragerixe�rtDistrict,Alameda Countv Superior Court Case No. RG10�48693). On March�,2012,the Superior Court issued a Statement of Decision requuing BAAQMD to set aside theu�2010 adopfion of theu-thresholds until and unless CEQA revie�v is completed. The Superior Court did not mal.e anv�mdings regarduig the substance or evidence supportuig the tlu-esholds. The determuiation of��hether a prc�ject ma� have a signific�uit effect on the envu-oiunent is made b� the lead agenc�,ui this case the C'iri of C'upertino,based upon subst�uitial evidence(C'EQA Guideluies Section 1�064(b)). The C'iri of C'upeituio considers the tlu-esholds identi�ied in the BAAQMD C'EO�_�ir Ozra7it}�Gzride7i�res(Ma��2011)to be based on the best informafion available for the San Francisco Ba� Area Au-Basui. Evidence supportuig these tlu-esholds has been presented ui the follo��uig docuinents: a)Ba� Area Air Qualit� Manageinent District C E'C��_�ir°C�unlit}•Guidelines.Appendi�D.Ma� 2011:b)C alifornia Au�Pollufion Conh�ol Of�icers Associafion. Hea7th RiskAssessrixe�rts forProposed La�rd Use Projects�. Julv 2009:and c) California Envu-onmental Protection Agenc��,California Au-Resources Board. Air C�zra7ity a�rd La�rd Use Ha�rdbook:A C'orixrixzr�rit}�Hea7th Perspective.200�. C'it� of C'upertino 21 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 57 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Table 4.3-1 Bay Area 2010 Clean Air Plan Applicable Control Measures Control Measures Description Project Consistency Trunsportution Control Meusures Implement Safe Facilitate safe routes to As discussed in Section 4.14, the project is Routes to Schools schools and transit b�- located approiimatel�-0.4 miles to 1.6 miles and Safe Routes to providing funds and��orlcing from public schools seiving the site. Side��alks Transit ��ith transportation agencies, ��i11 be provided on the project frontage and local governments, schools, side«alks eiist on surrounding streets leading and communities to implement to local schools. Bilce lanes are also provided safe access for pedestrians and on major road��a5-s providing accessing to the cvclists. school sites. As discussed in Section 4.16 TNanspoNtation,the project site is also served b�-eiisting bus transit. For these reasons,the project is consistent��ith this control measure. Improve Bic�-cle Eipand bicycle facilities Bic�-cle facilities in the site vicinit�-include Access and seiving transit hubs, bilce lanes on both sides of Stelling Road and Facilities emplo5-ment sites, educational De Anza Bouleva�d. The project«i11 dedicate and cultural facilities, right-of-��a�-on McClellan Road to the Cit�-of residential areas, shopping Cupertino. No bilce lanes a�e currently-planned districts, and other activit�- for this section of McClellan Roacl but a�e centers. located on this road��a�-��est of Stelling Road. The project is located proiimate to bic�-cle facilities and��ould not interfere��ith planned bic�-cle facilities. Therefore,the project is consistent��ith this control measure. Improve Pedestrian Improve pedestrian access to The project��il1 provide side��alks on the Access and transit, emplo5-ment, and McClellan Roacl frontage,��here no side��alks Facilities major activit�-centers. currentl�-eiist, and along the proposed private roacl. The project site is seived b�-transit and bilce lanes a�e present on major road��a�-s in the project area��hich can be safel�-accessed from the side��alks proposed b5-the project. The project is consistent��ith this control measure. Energy und Climute Meusures Energy-Eff�icienc�- Increase efficienc�-and The project��il1 compl�-��ith the 2008 conseivation to decrease fossil California Energy-Code and reduce residential fuel use in the Ba�-Area. energy consumption by 15 percent over 2005 Title 24 standa�ds. Tree-Planting Promote planting of lo��- The project��ill preseive the la�gest eiisting VOC-emitting shade trees to shade tree on the site,if feasible after reduce urban heat island remediation activities,and«i11 plant ne« trees effects, save energy-, and on the site��hich��ill reduce the urban heat absorb COz and other air island effect. The proposed project,therefore, pollutants. is generally consistent��ith this control measure. C'it� of C'upertino 22 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 58 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.3.2.3 Short-Term C'onstruction-Rel�cte�llmp�ccts Criteria Air Pollutants and Precursors Construction activities would temporarily affect local air quality. Construction activities such as earthmoving, construction vehicle traffic, and wind blowing over exposed earth would generate e�aust emissions and fugitive particulate matter emissions that affect local and regional air quality. Construction activities are also a source of organic gas emissions. Solvents in adhesives, non-water based paints, thinners, some insulating materials, and caull�ing materials would evaporate into the atmosphere and would participate in the photochemical reaction that creates urban ozone. Asphalt used in pa�ing is also a source of organic gases for a short time after its application. Construction dust could affect local air quality at various times during construction of the project. The dry, windy climate of the area during the summer months creates a high potential for dust generation when and if underlying soils are exposed to the atmosphere. Construction activities would increase dustfall and locally elevated levels of PMio downwind. The proj ect is not of a size(three single-family units)that it would contribute significantly to criteria pollutant emissions. For all proposed projects, BAAQMD recommends implementation of the Basic Construction Mitigation Measures whether or not construction-related emissions exceed applicable thresholds. Consistent with the BAAQIVID CEQA Air Quality Guidelines, the project includes the implementation of the following updated dust and construction equipment e�aust control measures to reduce construction-related air pollutant emissions. The proj ect shall implement the following dust and diesel e�aust control measures recommended by BAAQMD and required by the City during the construction phase of the project: • All exposed surfaces (e.g., parl�ing areas, staging areas, soil piles, graded areas, and unpa�ed access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material on-site shall be covered. • All visible mud or dirt tracic-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpa�ed roads shall be limited to 15 mph. • All roadways, driveways, and sidewallcs to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the ma�mum idling time to 5 minutes (as required by the California airborne to�cs control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction worlcers at all access points. C'it� of C'upertino 23 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 59 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts • All construction equipment shall be maintained and properly tuned in accordance with manufacturer`s specifications. All equipment shall be checiced by a certified visible emissions evaluator. The construction emissions from the project are below the BAAQMD thresholds of significance used in this evaluation and the Basic Construction Mitigation Measures will be included on project plan documents prior to issuance of any building permits for the construction of residences on the site. The proposed project, therefore, would not result in a significant construction-related air quality impact. (Less Than Significant Impact) Local Community Risks and Hazards During Construction Construction equipment and associated hea�y-duty trucic traffic generates diesel e�aust, which is a known TAC. Health risks from TACs are a function of both concentration and duration of exposure. The proposed project does not involve substantial grading on the site thus the potential for large construction equipment to emit significant quantities of TACs over prolonged periods of time is minimal. The project construction period requiring heavy equipment is estimated to last a few months and involve the use of a limited amount of diesel-fueled construction equipment for grading, exca�ation, and pa�ing. The project will implement BAAQMD's recommended Basic Construction Mitigation Measures to reduce dust and diesel e�aust emissions. Construction of the proposed project would not significantly increase health rislcs on adjacent sensitive receptors. (Less Than Significant Impact) 4.3.2.4 Oper�ction�cl-Rel�cte�llmp�ccts The 2011 BAAQMD CE�A Air�7�ality G7�idelines contains a screening threshold of 325 single- family dwelling units for operational-related impacts due to criteria pollutant emissions and their precursors (e.g., NO,, ROG, particulate matter). The screening criteria provide lead agencies with a conservative indication of whether a proj ect could result in significant air quality impacts. The project would allow construction of three single-family residences which is well below the screening threshold and, therefore, the project would not result in a significant air quality impact due to emissions of criteria air pollutants and their precursors. (Less Than Significant Impact) 4.3.2.5 Loc�cl C'ommunity Risks�cn�l H�cz�cr�ls Imp�ccts As described above in Section 4.3.2.1, the BAAQMD CE�A Air�7�ality G7�idelines call for evaluation of proj ects for community rislc when they are located within 1,000 feet of freeways, high traffic volume roadways (10,000 average annual daily trips or more), and/or stationary permitted sources of TACs. There are no permitted stationary sources of TACs within 1,000 feet of the project site. Stelling Road and De Anza Boulevard are the only roadways within 1,000 feet of the proj ect site that exceed 10,000 a�erage daily trips. Neither roadway would exceed the threshold for increased cancer rislc of 10.0 in one million, increased non-cancer risk of greater than 1.0 on the hazard index(chronic or acute), or a PM�; increase of 0.3 µg/m'. The emission of TACs from vehicles along high volume C'it� of C'upertino 24 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 60 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts roadways in the vicinity of the site would not exceed TAC and PM�; thresholds and future residents of the proj ect site would not, therefore, be significantly impacted from TACs. (Less Than Significant Impact) 4.3.3 Conclusion The proposed proj ect would not result in exceedances of the criteria pollutant emissions thresholds or place sensitive receptors in an area subject to significant risks from TACs and includes measures to reduce air pollutant emissions from construction activities. (Less Than Significant Impact) C'it� of C'upertino 2� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 6� Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.4 BIOLOGICAL RESOURCES The following discussion is based in part on a tree survey completed by Michael L. Bench, Cons7�lting Arborist in December 2011. A copy of the tree survey is included in Appendix A of this Initial Study. 4.4.1 Setting 4.4.1.1 Existing C'on�litions The 0.96-acre project site is located within a developed area of Cupertino. The project site is currently developed with two residences an associated carport and two sheds. In addition to the e�sting buildings, the proj ect site contains a remnant orchard. Habitats in developed urban areas are relatively low in species diversity. Species that use this habitat are urban and suburban adapted birds, such as Rocic Dove, Mourning Dove, House Sparrow, Scrub Jay, and Starling. Based upon the developed habitats found on the site, no special-status plant or animal species are expected to be present on the site. A tree survey was completed Table 4.4-1 for the project site in Summary of Tree Species and Size December 2011. The survey Diameter in inches found nine(9)tree species Species Total Up to 12 13-18 19-36 Over 36 present; appro�mately 100 Apple 1 1 0 0 2 trees were identified on the Canary Island project site, and 27 of these pine 0 0 1 0 1 trees were surveyed. The Coast live oali 2' 0 1 0 3 remaining 73 trees on the English 2 � 0 0 5 site are small fruit trees ��alnut which were not surveyed European g 0 2 0 l0 due to their size and lack for olive potential protected status Italian stone 0 0 1 0 1 pine under the City's Municipal Monterey pine 0 0 2 0 2 Code. A summary of the Pecan 1 0 0 0 1 tree survey is included in Southern 1 1 0 0 2 Table 4.4-1. magnolia Total 15 5 7 0 27 Note: 'Neitlier of tliese trees eiceeds 10 inclies and,tlierefore,do not qualif� as Specimen Trees. C'it� of C'upertino 26 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 62 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.4.1.2 Regul�ctory Setting Special-Status Species Threatened and Endan er� ed Species State and federal"endangered species"legislation has provided the California Department of Fish and Wildlife(CDFW) and the U.S. Fish and Wildlife Service(USFWS) with a mechanism for conserving and protecting plant and animal species of limited distribution and/or low or declining populations. Permits may be required from both the CDFW and USFWS if activities associated with a proposed proj ect will result in the talce of a species listed as threatened or endangered. To "take" a listed species, as defined by the State of California,is"to hunt, pursue, catch, capture, or l�ill, or attempt to hunt, pursue, catch, capture or l�ill" said species (California Fish and Game Code, Section 86). "Talce"is more broadly defined by the federal Endangered Species Act to include"harm" of a listed species (16 USC, Section 1532(19), 50 CFR, Section 17.3). Bats Bats, such as the pallid bat(Antrozo��s pallid��s), may use hollows of larger, older oalc trees for roosting in open-canopy oalc woodland, and the California myotis (Myotis californic��s) and long- eared myotis (Myotis evotis) can occur in areas of oalc woodland with a closed canopy. Pallid bats are listed in California as a Species of Special Concern. Mi�ratorv Birds State and federal laws also protect most bird species. The Federal Migratory Bird Treaty Act (FMBTA: 16 U.S.C., scc. 703, Supp. I, 1989)prohibits l�illing, possessing, or trading in 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. Birds of Prev Birds of prey, such as owls and hawlcs, are protected in California under provisions of the State Fish and Game Code, Section 3503.5, (1992), which states that it is "unlawful to talce, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to talce,possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto." Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered "tal�ing" by the CDFW. C'it� of C'upertino 27 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 63 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Trees The City of Cupertino recognizes the substantial economic, environmental, and aesthetic importance of its tree population. The City finds that the preservation of specimen and heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and public (Municipal Code Chapter 14.18). The City's Municipal Code calls for protection of"specimen" and"heritage"trees and requires a permit prior to their removal. Specimen Trees include the following species that have a minimum single-trunlc diameter of 10-inches (31-inches in circumference) or minimum multi-trunlc diameter of 20-inches (63-inches in circumference)measured at 4.5 feet from natural grade: oalc(including coast live oalc, valley oalc, blacic oalc, blue oalc, and interior live oalc), California buciceye, big leaf maple, deodar cedar, blue atlas cedar, bay laurel or California bay, and western sycamore (Municipal Code Chapter 14.18.050). Heritage Trees are any tree or grove of trees which, because of factors including, but not limited to, its historic value, unique quality, girth, height, or species, has been found by the Planning Commission to ha�e a special significance to the community. The removal of specimen trees, heritage trees, street trees, and any tree required to be planted or retained as part of an approved development application, building permit,tree removal permit or code enforcement action shall not be removed without first obtaining a tree removal permit (Municipal Code Chapter 14.18.140). Of the trees surveyed for the project none are street trees and one is a specimen tree(refer to Appendix A). There were no heritage trees identified on the proj ect site. 4.4.2 Biological Resources Imuacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Ha�e a substantial ad�erse effect,either ❑ ❑ ❑ � 1 directl��or through habitat modifications,on an��species identified as a candidate, sensiti�e,or special status species in local or regional plans,policies,or regulations,or b�� the California Department of Fish and Wildlife or US Fish and Wildlife Ser�ice? 2. Ha�e a substantial ad�erse effect on an�� ❑ ❑ ❑ � 1 riparian habitat or other sensiti�e natural communi��identified in local or regional plans,policies,regulations,or b��the California Department of Fish and Wildlife or US Fish and Wildlife Ser�ice? C'it� of C'upertino 28 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 64 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 3. Ha�e a substantial ad�erse effect on ❑ ❑ ❑ � 1 federall��protected�vetlands as defined b�� Section 404 of the Clean Water Act (including, but not limited to,marsh,�ernal pool,coastal,etc.)through direct remo�a1, filling,h��drological interruption,or other means? 4. Interfere substantiall��vith the mo�ement of ❑ � ❑ ❑ 1 an��nati�e resident or migraton�fish or �vildlife species or�vith established nati�e resident or migraton��vildlife corridors, impede the use of nati�e�vildlife nursen� sites? 5. Conflict�vith an��local policies or ❑ � ❑ ❑ 1,6,7 ordinances protecting biological resources, such as a tree preser�ation polic��or ordinance? 6. Conflict�vith the pro�isions of an adopted ❑ ❑ ❑ � 1 Habitat Conser�ation Plan,Natural Communi��Conser�ation Plan,or other appro�ed local,regional,or state habitat conser�ation plan? 4.4.2.1 Imp�ccts to.Speci�cl-St�ctus.Species Special-Status Plant Species The proj ect site is a developed urban property containing landscape (and orchard)plant species. Development of the proposed proj ect would not result in significant impacts to special-status plant species. (No Impact) Special-Status Animal Species and Species Protected Under the Migratory Bird Treaty Act Given the existing development on the site and lacic of suitable habitat for many special-status animal species, the proj ect is not anticipated to result in impacts to special-status animal species with the possible exception of tree nesting raptors and bats. The trees on the site support potential habitat for tree nesting raptors, other birds, and roosting bat species (e.g. pallid bats, California myotis, long- eared myotis). Tree nesting raptors, along with all migratory birds, are protected under the Migratory Bird Treaty Act and disturbance to nests which results in nest abandonment or death would be in violation of state and federal law. The proposed proj ect may result in the loss of suitable habitat for C'it� of C'upertino 29 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 65 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts pallid bats due to the removal of trees used as breeding or roosting sites. In addition, when trees that contain roosting colonies or individual bats are removed or modified, individual bats can be physically injured or l�illed; subjected to physiological stress as a result being disturbed during torpor; or be subjected to increased predation due to exposure during daylight hours. Further, project-related disturbance in close proximity to a maternity roost could potentially cause females to abandon their young. Impact BIO— 1: The development of the proposed project could result in direct impacts to nesting birds, if present on the site at the time of construction. (Significant Impact) Impact BIO-2: The proposed project may result in disturbance to pallid bats. (Significant Impact) Mitigation Measures: As a condition of approval, the proposed project shall implement the following measures to a�oid impacts to nesting raptors and special-status bat species: Tree Nesting Birds MM BIO-1.1: Removal of trees on the project site should be scheduled between September and December(inclusive)to avoid the nesting season for birds and no additional surveys would be required. MM BIO-1.2: If removal of the trees on-site is planned to talce place between January and August(inclusive), a pre-construction survey for nesting birds shall be conducted by a qualified ornithologist to identify active nesting raptor or otlier bird nests that may be disturbed during proj ect implementation. Between January and April (inclusive)pre-construction surveys shall be conducted no more than 14 days prior to the initiation of construction activities or tree relocation or removal. Between May and August(inclusive), pre-construction surveys shall be conducted no more than thirty (30) days prior to the initiation of these activities. The surveying ornithologist shall inspect all trees in and immediately adjacent to the construction area for nests. If an active raptor nest is found in or close enough to the construction area to be disturbed by these activities, the ornithologist shall, in consultation with the State of California, Department of Fish&Wildlife(CDFV�, designate a construction-free buffer zone around the nest until the end of the nesting activity. Buffers for other birds shall be determined by the ornithologist. MM BIO-1.3: A report summarizing the results of the pre-construction survey and any designated buffer zones or protection measures for tree nesting birds shall be submitted to the Community Development Director prior to the start of grading or tree removaL (Less Than Significant with Mifigafion Incorporated) Cin�of Cupertino 30 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 66 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts BatS MM BIO—2.1: A pre-demolition survey for roosting bats will be conducted prior to any removal of buildings or trees greater than or equal to 12 inches in diameter. A qualified bat specialist will loolc for individuals, guano, staining, and vocalization by direct observation and potentially waiting for nighttime emergence. The survey shall be conducted during the time of year when bats are active, between April 1 and September 15. If demolition is planned within this timeframe, the survey shall be conducted within 15 days of demolition. An initial survey could be conducted to provide early warning if bats are present, but a follow-up survey will be necessary within 15 days of demolition and site clearing. If no bats are observed to be roosting or breeding in structures or trees, then no further action would be required, and demolition can proceed. The survey will be conducted by a qualified bat biologist. No activities that will result in disturbance to active roosts should proceed prior to the completed surveys. If no active roosts are found, then no further action would be warranted. MM BIO—2.2: If an active nursery roost is located and the project cannot be redesigned to a�oid removal of the occupied tree, removal of the tree shall commence before maternity colonies form or after young are volant(flying). This buffer shall be maintained from April 1 st until the young are flying, typically after August 31st. If a non-breeding bat hibernacula(roost)is found in a tree scheduled to be removed, the individuals will be safely evicted, under the direction of a qualified bat biologist by opening the roosting area to allow air flow through the cavity or, if possible, one-way doors will be inserted into tree crevices to allow bats to e�t, but not re-enter,the crevices. Trees with roosts that need to be removed should first ha�e bats evicted at duslc,just prior to removal, to allow bats to escape during the darlcer hours. (Less Than Significant with Mitigation Incorporated) 4.4.2.2 Trees The tree survey completed for the proj ect(refer to Appendix A) evaluated impacts to trees based on tree health and the site design. Trees in the building and roadway footprints were assumed to be removed. It is anticipated that a total of 98 trees would be removed to construct the proposed proj ect. Appro�mately 73 of the trees proposed for removal are fruit trees associated with a remnant orchard that are in poor condition. The project has been designed to maintain the one specimen tree on the site, a coast live oalc, on Parcel A and an English walnut on Parcel C. The coast live oalc on Parcel A, however, may require removal due to soil remediation activities beneath the tree canopy (refer to Section 4.8.2.1). The soil remediation program beneath the canopy has been designed to a�oid C'it� of C'upertino 31 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 67 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts affects to the root structure and overall health of the tree. If additional soil removal is determined to be necessary to address soil contamination, removal of the coast live oalc may be required along with the application of a tree removal permit. Impact BIO—3: Development of the project would result in the removal of a substantial number of trees from the site. (Significant Impact) Mitigation Measures: As conditions of approval, the proposed project shall implement the following measures to reduce impacts to trees to a less than significant level: MM BIO—3.1: The proj ect shall implement the following measures to avoid impacts to trees proposed for retention and mitigate for tree removal: • Protected trees to be removed shall be replaced at the following ratios per City Municipal Code Section 14.18.185: Table 4.4-2 Tree Replacement Ratios Trunk Size of Removed Tree (measured at 4.5 feet above Replacement Trees grade) Up to 12 inches One 24-inch box tree Over 12 inches and up to 18 inches Two 24-inch box trees Over 18 inches and up to 36 Two 24-inch box trees or one inches 36-inch box tree Over 36 inches One 36-inch box tree • All trees proposed for retention on the site shall ha�e a designated Tree Protection Zone(hereinafter"TPZ") based on the City Arborist's recommendation and/or five to seven times the trurilc diameter in all directions. The TPZ is where all grading, overexcavation, soil scraping, trenching and compaction shall be a�oided except where otherwise approved. The City Arborist shall be consulted to determine an appropriate TPZ for trees proposed for retention on the site. • Any stormwater treatment swales, bioswales and biofiltration areas should be established beyond TPZs. • All utilities and services (e.g. storm drain, electrical, water, sewer, fiber optic, gas, etc.) should be routed beyond TPZs. In the event this is not feasible, the location and pro�mity to a tree's trunlc would dictate which of the following installation methods can offer sufficient mitigation: mechanically excavating, hand-digging, a pneumatic air device (such as an Air-Spade), or directional boring. For directional- boring, the ground above any tunnel must remain undisturbed, and C'it� of C'upertino 32 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 68 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts access pits and any infrastructure(e.g. splice boxes, meters and vaults) established beyond TPZs. • Prior to grading or exca�ation, an on-site preconstruction meeting shall be completed between the proj ect superintendent and arborist to review placement of tree fencing and other measures for tree protection. • Tree protective fencing shall be installed prior to any demolition and grading for the purpose of restricting access into a TPZ; its precise location can be reviewed during the preconstruction meeting previously mentioned. The fencing should consist of five-to six-foot high chain linlc mounted on eight-foot tall, one and seven-eighths-inch diameter galvanized steel posts that are driven into the ground 24 inches deep, and spaced apart by no more than appro�mately ten feet. It should remain intact and maintained throughout construction, and only removed upon completion of construction. • The staging area(s) and routes of access must be established beyond the TPZs. • Fertilization, if properly applied, may benefit a tree's health, vigor and appearance. Frior to doing so, however, soil samples shall first be obtained to identify the pH levels and nutrient levels so a proper fertilization program can be established. Any fertilization shall be performed under the direction and supervision of a certified arborist, and in accordance with ANSI A300 (Part 2) —2004 Fertilization standards. • Unless otherwise approved, all construction activities must be conducted beyond TPZs, to include, but not be limited to, the following: demolition, grading, subexca�ation, stripping of topsoil, trenching, equipment cleaning, stocicpiling or dumping materials, and equipment/vehicle operation and parl�ing. • The routes of any irrigation or utility line within or ten feet from a TPZ shall be reviewed with the project arborist before digging occurs. • Spoils created during digging shall not be piled or spread on unpaved ground within a TPZ. If essential, spoils can be temporarily piled on plywood or a tarp. • Tree trunlcs shall not be used as winch supports for moving or lifting heavy loads. • Any approved digging or trenching within a TPZ shall be manually performed without heavy equipment or tractors operating on unpaved ground beneath canopies. • Approved trenching or exca�ation shall not damage, scrape or gouge roots two inches and greater in diameter. In the event these roots are encountered, the project arborist shall be notified, and they shall be either covered with soil or wrapped in moistened burlap within a few C'it� of C'upertino 33 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 69 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts hours or exposure. If burlap is used, it shall remain continually moist until the trench or area is backfilled. • During trenching, roots encountered that have diameters less than two inches and require removal can be cleanly severed at right angles to the direction of root growth. In doing so, sharp cutting tools (e.g. loppers or handsaw) shall be used, and the cut shall occur against the tree side of the trench. • Supplemental water must be supplied to impacted trees during the dry months of the year(e.g. May thru October); the methodology, frequency and amounts can be provided by the proj ect arborist. Various methodologies include flooding the inside of a 12-inch tall berm established around the canopy's perimeter(or as close to the perimeter as possible), using soalcer hoses, or through deep-root inj ection. This shall occur every two weelcs, and consist of appro�mately, per tree, five to ten gallons per inch of trunlc diameter. • Great care must be talcen by equipment operators to position their equipment to a�oid the trees' trunlcs and branches. Where a conflict e�sts, the project arborist shall be advised to provide a feasible solution. • The disposal of harmful products (such as cement, paint, chemicals, oil, and gasoline)is prohibited beneath canopies or anywhere on site that allows drainage beneath or near TPZs. Herbicides shall not be used with a TPZ; where used on-site,they shall be labeled for safe use near trees. • Tree protection fencing can be removed once construction is complete and authorized during a final inspection. • A three-to four-inch ma�mum layer of wood chip mulch shall be maintained (and replenished when necessary beneath each tree's canopy. It shall remain at least six inches from all tree trunlcs. • Any additional activity required within a TPZ shall be performed under the supervision of a qualified arborist. If deemed acceptable by the arborist, all worlc shall be manually performed using hand tools and wheelbarrows, tunneling, or using a pneumatic air device. Replacement tree plantings will off-set the removal of a specimen tree from the site during construction. Oversight of construction activities by a certified arborist and implementation of specific tree protection measures will a�oid substantial impacts to any mature trees that will be retained on the site. (Less Than Significant Impact with Mitigation Incorporated) 4.4.3 Conclusion Impact BIO— 1: The construction of the proposed project, with the implementation of mitigation measures MM BIO-1.1 through MM BIO-1.3, would not result in significant impacts to nesting birds. (Less Than Significant Impact with Mitigation Incorporated) C'it� of C'upertino 34 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 70 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Impact BIO-2: The proposed project, with the implementation of mitigation measures MM BIO-2.1 to MM BIO-2.6, would reduce impacts to pallid bats to a less than significant leveL (Less Than Significant Impact with Mitigation Incorporated) Impact BIO—3: The proposed project, with the implementation of the mitigation measure MM BIO-3.1, would reduce impacts to protected trees to a less than significant leveL (Less Than Significant Impact with Mitigation Incorporated) C'it� of C'upertino 3� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 7,� Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.5 CULTURAL RESOURCES 4.5.1 Setting Cultural resources are evidence of past human occupation and activity and include both historical and archaeological resources. These resources may be located above ground or underground and have significance in the history, prehistory, architecture, architecture of cultural of the nation, State of California, or local or tribal communities. Paleontological resources are fossils, the remains or traces of prehistoric life preserved in the geologic record. They range from the well known and well publicized (such as mammoth and dinosaur bones)to scientifically important fossils. 4.5.1.1 Prehistoric C'ontext�cn�l Resources The project site is located in the Santa Clara Valley. Native American occupation of the valley e�tended over 5,000 to 8,000 years and possibly longer. Before European settlement, Native Americans resided in the area that is now Cupertino and lived in the Rancho San Antonio area for over 3,000 years. The South Bay Area's favorable environment during the prehistoric period, including alluvial plains, foothills, many water courses and bay margins provided an abundance of wild food and other resources. The Native American people who originally inhabited the Santa Clara Valley belong to a group known as the"Coastanoan" or Ohlone, who broadly occupied the central California coast from the northern tip of the San Francisco Peninsula to Big Sur in the south and as far east as the Diablo Range. The Coastanoan/Ohlone people practiced a hunting, fishing and collecting economy focusing on the collection of seasonal plant and animal resources. This customary way of living of the Coastanoan/Ohlone people disappeared by about 1810 due to disruption by introduced diseases, a declining birth rate and the impact of the California mission system established by the Spanish in the San Jose/Santa Clara area in 1777. In the Cupertino area, areas lilcely to be archaeologically sensitive, are found along stream courses and in oak groves. The proj ect site is located appro�mately 650 feet northwest of Regnart Creek on the valley floor. E�tant or known former oalc groves are not present in the immediate vicinity of the project site. 4.5.1.2 Historic Resources Based upon a review of building records, the project site was used for agricultural purposes until a residence was constructed on the site in 1950 (refer to Appendix C). The residential buildings on the site are over 50 years old. The Cupertino General Plan identifies Historic Sites, Commemorative Sites and Community Landmarlcs currently present in the City (Figure 2-G of the Cupertino General Plan). E�sting buildings on the proj ect site at 20840 McClellan Road are not identified as historic structures and are C'it� of C'upertino 36 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 72 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts not on a Historic Site, Commemorative Site or designated as a Community Landmarlcs in the General Plan. Historical resources eligible for listing in the California Register must meet criteria of significance and retain enough of their historic character or appearance to be recognizable as historical character to convey the reasons for their significance. Given that neither the buildings nor the proj ect site is identified in the City's General Plan as a cultural resource,the architectural style of the residential buildings does not embody distinctive characteristics or method of construction, these structures appear to e�ibit no historic significance. 4.5.1.3 P�cleontologic�cl Resources As noted above, paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. Geologic units of Holocene age are generally not considered sensitive for paleontological resources because biological remains younger than 10,000 years are not usually considered fossils. These sediments have low potential to yield fossil resources or to contain significant nonrenewable paleontological resources. The proj ect site is underlain by late Pleistocene alluvial fan material deposits which have high potential to yield fossils.'°' 4.5.2 Cultural Resources Imuacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Cause a substantial ad�erse change in the ❑ ❑ ❑ � 1,2,8 significance of an historical resource as defined in a15064.5? 2. Cause a substantial ad�erse change in the ❑ � ❑ ❑ 1,2,8 significance of an archaeological resource as defined in a15064.5? 3. Directl��or indirectl��destro��a unique ❑ � ❑ ❑ 1 paleontological resource or site,or unique geologic feature? 4. Disturb an��human remains,including those ❑ � ❑ ❑ 1 interred outside of formal cemeteries? 'C.Bruce Hanson. 2010. Pa7eo�rto7ogica7Evahratio�r Reportfor the E�rvisio�r Sa�r Jose 20=10 Ge�rera7P7a�r,Sa�rta C'Iara C'or�nt}•, C'alifc�rnia. 'TJ.S.Geological Suiti e�. "Prelinunai-� quaternai� geologic maps of S�ulta C'lara Valle�.S�ulta C'lara.Alaineda.�uld S�ul Mateo counties.C'alifornia:A digital database". Accessed March 21.2013. Available at<htt�://�ubs.us<�s.<�o�/of%1994/of94- 231/sccomap.pdf> C'it� of C'upertino 37 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 73 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts The proposed project includes the demolition of the e�sting residential buildings on the site to allow for the construction of three residential structures. Removal of building foundations and construction of the proposed project would require grading, exca�ation, and trenching on the site to install utilities and remove contaminated soils (refer to Section 4.7 Hazards and Hazardous Materials). 4.5.2.1 Prehistoric,Historic, �cn�l P�cleontologic�cl Resources Development throughout the Santa Clara Valley adj acent to established water courses, has uncovered numerous buried archaeological sites. The project is not located near a water course or former oalc groves and it is urilikely that prehistoric materials associated with aboriginal settlements along Regnart Creek would be encountered during site grading and/or exca�ation. There are no historic structures located on the site and demolition of the e�sting buildings would not result in an impact to a historical resource or a site recognized in the Cupertino General Plan as a Historic Site, Commemorative Site or Community Landmarlc. While unlilcely, buried prehistoric or historic deposits which could provide information on prehistory or the history of this site, its inhabitants, and the role it played in the development of the City could be encountered. Impact CUL— 1: Development of the proposed proj ect could result in significant impacts to buried cultural resources, if encountered. (Significant Impact) Mitigation Measures: As a condition of approval,the proposed project shall implement the following mitigation measures to reduce impacts to cultural resources to a less than significant level: MM CUL— 1.1: In the event of the discovery of prehistoric or historic archaeological deposits or paleontological deposits, worlc shall be halted within 50 feet of the discovery and a qualified professional archaeologist(or paleontologist, as applicable) shall examine the find and malce appropriate recommendations regarding the significance of the find and the appropriate mitigation. The recommendation shall be implemented and could include collection, recordation, and analysis of any significant cultural materials. MM CUL— 1.2: In the event that human remains and/or cultural materials are found, all project-related construction shall cease within a 50-foot radius of the find in order to proceed with the testing and mitigation measures required. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California: • In the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adj acent remains. The Santa Clara County Coroner shall be notified and shall malce a determination as to whether the remains are Native American. If the Coroner C'it� of C'upertino 38 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 74 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts determines that the remains are not subj ect to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re-inter the human remains and items associated with Native American burials on the property in a location not subj ect to further subsurface disturbance. • A final report summarizing the discovery of cultural materials shall be submitted to the Director of Community Development prior to issuance of building permits. This report shall contain a description of the mitigation program that was implemented and its results, including a description of the monitoring and testing program, a list of the resources found, a summary of the resources analysis methodology and conclusion, and a description of the disposition/curation of the resources. The report shall verify completion of the mitigation program to the satisfaction of the Director of Planning. 4.5.3 Conclusion Impact CUL— 1: The proposed project, with the implementation of the mitigation measures MM CLTL-1.1 and MM CLTL-1.2, would not result in significant impacts to cultural resources. (Less Than Significant Impact with Mitigation Incorporated) C'it� of C'upertino 39 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 75 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.6 GEOLOGY AND SOILS The following discussion is based on a Geotechnical Investigation Report prepared by Capex Engineering, Inc. in November 2011. A copy of this report is included as Appendix B of this Initial Study. 4.6.1 Setting 4.6.1.1 Region�cl Geology The City of Cupertino is located within the Santa Clara Valley, which is a broad alluvial plain between the Santa Cruz Mountains to the southwest and west, and the Diablo Range to the northeast. Most of Cupertino is on level ground that rises gently to the west. The San Andreas Fault system, including the Monte Vista-Shannon Fault, e�sts within the Santa Cruz Mountains and the Hayward and Calaveras Fault systems e�st within the Diablo Range. 4.6.1.2 On-Site Geologie C'on�litions Soils and Groundwater The site is developed with residential structures and paving on the north end of the site with unpa�ed rear yard areas on the southern two-thirds of the site. Subsurface soils consist of light brown silt clay with sand and gra�el to a depth of 15 feet below ground surface (bgs). The soils are moist and stiff to hard. The near-surface soils on-site have relatively low percentage of fines and low expansion potential. Groundwater was not encountered during the subsurface exploration, which e�tended to a depth of 15 feet. Fluctuations in the level of the groundwater may occur due to variations in rainfall, underground drainage patterns, and other factors. Seismicity and Seismic Hazards The San Francisco Bay Area is one of the most seismically active regions in the United States. The significant earthqualces that occur in the Bay Area are generally associated with the crustal movements along well-defined active fault zones of the San Andreas Fault system, which regionally trend in the northwesterly direction. The site is not located within a designated Alquist-Friolo Earthqualce Fault Zone`�or a Santa Clara County Fault Hazard Zone.' In addition,no known surface expression of active faults are believed to cross the site and fault rupture hazard is not a significant geologic hazard at the site. a California Deparhment of Conservafion,Division of Mines and Creolog��. Specia7Strrdies Zo�res C'zrpertz�ro Ozrndra�rg7e.Map. Julv 1. 1974. �Counn�of Santa Clara. Geo7ogic Hazard Zo�res.Map. October 26,2012. C'it� of C'upertino 40 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 76 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Nearby active or potentially active faults include the Monte Vista-Shannon fault located appro�mately 1.5 miles southwest of the site, the San Andreas fault located appro�mately 5.5 miles southwest of the site, and the Hayward fault(southeast e�tension)located appro�mately 12.6 miles northeast of the site.� Because of the pro�mity of the proj ect site to these faults, ground shal�ing, ground failure, or liquefaction due to an earthqualce could cause damage to structures. Liquefaction Liquefaction is the result of seismic activity and is characterized as the transformation of loosely water-saturated soils from a solid state to a liquid state after ground shal�ing. There are many variables that contribute to liquefaction,including the age of the soil, soil type, soil cohesion, soil density, and groundwater level. The proj ect site is not located within a designated State of California Liquefaction Hazard Zone'or a Santa Clara County Liquefaction Hazard Zone.g Based on an analysis of soils and the depth to groundwater, the liquefaction potential for the site is determined to be low. Seismicallv-Induced Differential Settlements If near-surface soils vary in composition both vertically and laterally, strong earthqualce shal�ing can cause non-uniform settlement of soil layers. This results in movement of the near-surface soils. The potential for significant differential seismic settlement affecting the site is low(appro�mately 0.5-inches). Lateral Spreading Lateral spreading typically occurs as a form of horizontal displacement of relatively flat-lying alluvial material toward an open or"free"face such as an open body of water, channel, or excavation. There are no open faces on or near the project site. 6 Association of Bav Area Crovernments. BayAren Fazrlts�.Map. 2003. �California Department of Conservation,California Geologic Stuve�. Seisryizic Hazard Zo�aes�C'z�pertz�ao Oz�adra�agTe. Map. September 23,2002. s Countv of Santa Clara. Geo7ogic Hazard Zo�res.Map. October 26,2012. C'it� of C'upertino 41 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 77 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.6.2 Geology and Soils Impacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Eipose people or structures to potential substantial ad�erse effects,including the rislc of loss,injun�,or death in�oh ing: a. Rupture of a lcno�vn earthqualce fault, as ❑ ❑ ❑ � 9 described on the most recent Alquist- Priolo Earthqualce Fault Zoning Map issued b��the State Geologist for the area or based on other substantial e�idence of a lcno�vn fault? (Refer to Di�ision of Mines and Geolog�� Special Publication 42.) b. Strong seismic ground shalcing? ❑ � ❑ ❑ 9 c. Seismio-related ground failure, ❑ ❑ � ❑ 9 including liquefaction? d. Landslides? ❑ ❑ ❑ � 9 2. Result in substantial soil erosion or the loss ❑ ❑ � ❑ 1 of topsoil? 3. Be located on a geologic unit or soil that is ❑ ❑ � ❑ 9 unstable,or that�vill become unstable as a result of the project, and potentiall��result in on-or off-site landslide,lateral spreading, subsidence,liquefaction or collapse? 4. Be located on eipansi�e soil, as defined in ❑ ❑ � ❑ 9 Section 1802.32 of the California Building Code(2007),creating substantial rislcs to life or property�? 5. Ha�e soils incapable of adequatel�� ❑ ❑ ❑ � 1,9 supporting the use of septic tanlcs or alternati�e�vaste�vater disposal s��stems �vhere se�vers are not a�ailable for the disposal of�vaste�vater? 4.6.2.1 Soils�cn�l Groun�liv�cter Based on the geotechnical investigation prepared for the project, soils on the site are capable of supporting the proposed structures if constructed in accordance with the recommendations of the project engineer. C'it� of C'upertino 42 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 78 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Groundwater beneath the site was not encountered to depths of 15 feet bgs but may fluctuate seasonally. Given the limited nature of subsurface construction required (utility trenching, grading, etc.), groundwater at depths of greater than 15 feet would not pose any constraints to the proposed proj ect. The proposed project would not be exposed to substantial slope instability, erosion, or landslide- related hazards due to the flat topography of the site. The proposed project would not be subject to substantial hazards related to soils on the site. (Less Than Significant Impact) Seismicity and Seismic Hazards The proj ect site is located in a seismically active region and, therefore, strong ground shal�ing would be expected during the lifetime of the proposed project. While no active faults are known to cross the proj ect site, ground shal�ing on the site could damage buildings and other proposed structures. The liquefaction, lateral spreading, and seismically-induced differential settlement potential on the site are low. In conformance with standard practices in the City of Cupertino, the proj ect shall be designed and constructed in conformance with the California Building Code guidelines for Seismic Zone 4 to a�oid or minimize potential damage from seismic shal�ing on the site. Implementation of building code requirements would reduce seismic and seismic-related hazards to a less than significant level. 4.6.3 Conclusion The proposed project, with the implementation of the above standard practices for building construction, would not result in significant seismicity or seismic hazard impacts. (Less Than Significant Impact) C'it� of C'upertino 43 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 79 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.7 GREENHOUSE GAS EMISSIONS Unlilce emissions of criteria and to�c air pollutants, which ha�e local or regional impacts, emissions of Greenhouse Gases (GHGs)have a broader, global impact. Global warming associated with the "greenhouse effect"is a process whereby GHGs accumulating in the atmosphere contribute to an increase in the temperature of the earth's atmosphere. The principal GHGs contributing to global warming and associated climate change are carbon dio�de(CO�), methane(CHa)> nitrous o�de (N�O), and fluorinated compounds. Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the transportation, industrial/ manufacturing, utility, residential, commercial, and agricultural sectors. 4.7.1 Existing On-Site GHG Emissions Two residences with associated structures and landscaping are located on the project site. E�sting GHG emissions from the residential development currently on the site are expected to be similar to e�sting single-family development throughout Cupertino. The greatest source of e�sting emissions are from mobile sources (vehicle trips to and from the site)followed by indirect and direct emissions from electricity and natural gas use for building heating, cooling, lighting and other uses. 4.7.2 Regulatory Background 4.7.2.1 St�cte of C'�cliforni�c AB 32, CEQA, and Other Laws and Regulations The Global Warming Solutions Act(also known as"Assembly Bill (AB) 32") sets the State of California's 2020 greenhouse gas emissions reduction goal into law. The Act requires that the GHG emissions in California be reduced to 19901evels by 2020. Prior to adoption of AB 32, the Governor of California also signed Executive Order S-3-OS which identified CaIEPA as the lead coordinating State agency for establishing climate change emission reduction targets in California. Under Executive Order S-3-O5, the state plans to reduce GHG emissions to 80 percent below 19901evels by 2050. Additional state law and regulations related to the reduction of greenhouse gas emissions includes SB 375, the Sustainable Communities and Climate Protection Act(see discussion below), the State's Renewables Portfolio Standard for Energy Standard (Senate Bi112X) and fleet-wide passenger car standards (Pavley Regulations). The California Natural Resources Agency, as required under state law(Public Resources Code Section 21083.05)has amended the state CEQA Guidelines to address the analysis and mitigation of greenhouse gas emissions. Under these sections of the CEQA Guidelines (§15064.4), Lead Agencies, such as the City of Cupertino, retain discretion to determine the significance of impacts from greenhouse gas emissions based upon individual circumstances. Neither CEQA nor the CEQA Guidelines provide a specific methodology for analysis of greenhouse gases and under the amendments to the CEQA Guidelines, a Lead Agency may describe, calculate or estimate greenhouse gas emissions resulting from a project and use a model and/or qualitative analysis or performance based standards to assess impacts. The CEQA Guidelines (§15183.5) also outline the C'it� of C'upertino 44 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 80 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts required components of a"Greenhouse Gas Reduction Strategy". Projects consistent with such a Strategy or Plan would reduce their contribution to cumulative GHG impacts to a less than significant level. Senate Bi11375 Senate Bi11375 (SB 375), also known as the Sustainable Communities and Climate Frotection Act of 2008, requires regional transportation plans to include a Sustainable Communities Strategy (SCS) that linlcs transportation and land use planning together into a more comprehensive, integrated process. The SCS is a mechanism for more effectively linl�ing a land use pattern and a transportation system together to malce travel more efficient and communities more livable. The result is reduced greenhouse gas emissions from passenger vehicles along with other benefits. The target for the Bay Area is a seven (7)percent per capita reduction in GHG emissions attributable to automobiles and light trucics by 2020 and a 15 percent per capita reduction by 2035. The base year for comparison of emission reductions is 2005. The 2013 Regional Transportation Plan,Plan BayArea, was released on March 22, 2013 and is the Bay Area's first plan that is subject to SB 375.� A draft Jobs-Housing Connection Scenario that is part of the regional planning effort under SB 375 was released on March 9, 2012. 4.7.2.2 BAAQMD C'EQA Gui�lelines�cn�l 2010 B�cy Are�c C'le�cn Air Pl�cn The BAAQMD CEQA Guidelines outline a methodology for estimating greenhouse gases and analysis of project and plan impacts. In jurisdictions where a qualified Greenhouse Gas Reduction Strategy 10 has been reviewed under CEQA and adopted by decision-malcers, compliance with the Greenhouse Gas Reduction Strategy would reduce a project's contribution to cumulative greenhouse gas emission impacts to a less than significant level. The Bay Area 2010 Clean Air Plan (CAP)is a multi-pollutant plan that addresses GHG emissions along with other air emissions in the San Francisco Bay Area Air Basin. One of the lcey objectives in the CAP is climate protection. The 2010 CAP includes emission control measures in five categories: Stationary Source Measures, Mobile Source Measures, Transportation Control Measures, Land Use and Local Impact Measures, and Energy and Climate Measures. Consistency of a proj ect with current control measures is one measure of its consistency with the CAP. The current CAP also includes performance objectives, consistent with the state's climate protection goals under AB 32 and SB 375, designed to reduce emissions of GHGs to 19901evels by 2020 and 40 percent below 19901evels by 2035. '(_)ne Ba� Area. "Aimounculg Draft Plan Ba� Area Release.Sprulg 2013 Meetulgs and Public(_)utreach". Accessed Apri14. 2013. Available at<http://oneba��area.or�> io The requu-ed components of a'`qualified"Ureenhouse Uas Reduction Strateg��or Plan are described in both the CEQA Guidelines(Section 1�183.� Tieri�rg a�rd Strearixli�ri�rg the_��ralysis of(rree�rhozrse GasErixissio�rs)and the BAAQMD CEQA Au� Qualin�Ciuidelines(Section 43 Gree�rhozrse GasRedzrctzo�r Strategies)as amended in June 2010. C'it� of C'upertino 4� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 8� Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.7.2.3 C'ity of C'upertino The Cupertino General Plan includes an Environmental Resources/Sustainability Section, with policies that call for energy efficiency, alternative transportation planning, and green building. These policies and the City's Green Building and Green Business Frograms include measures designed to reduce energy and water use and associated direct and indirect GHG emissions. The City also has adopted a construction and debris (C&D)recycling program ordinance that requires applicants seel�ing building or demolition permits for proj ects greater than 3,000 square feet to recycle at least 60 percent of proj ect discards. Recycling can indirectly reduce GHG emissions by reducing the need to manufacture or mine new products or materials. 4.7.3 Greenhouse Gas Emissions Imuacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Generate greenhouse gas emissions,either ❑ ❑ � ❑ 1,5 directl��or indirectl��,that ma��ha�e a significant impact on the en�ironment? 2. Conflict�vith an applicable plan,polic��or ❑ ❑ � ❑ 1,5 regulation adopted for the purpose of reducing the emissions of greenhouse gases? 4.7.3.1 Greenhouse G�cs Emissions Threshol�ls The BAAQIVID CE�A Air�7�ality G7�idelines (dated May 2011)include quantitative thresholds for GHG emissions. Using a methodology that models how new land use development in the San Francisco Bay Area can meet statewide AB 32 GHGreduction goals, the BAAQMD Guidelines identifies a significance threshold of a net increase of 1,100 metric tons of carbon dio�de equivalents per year. In addition to this bright line threshold, the Guidelines include an"efficiency" threshold to be used for urban high density, transit oriented development proj ects that are intended to reduce vehicle trips but may still result in overall emissions greater than 1,100 metric tons per year. This efficiency threshold is 4.6 metric tons of carbon dio�de equivalents per service population (e.g., residents and employees)per year. The BAAQMD guidelines do not suggest a threshold of significance for short-term construction related GHG emissions. The City of Cupertino, and other jurisdictions in the San Francisco Bay Area Air Basin, recently have used the thresholds and methodology for assessing GHG emissions put forth by the BAAQMD based upon the scientific and other factual data prepared by BAAQMD in developing those thresholds. The City has carefully considered the thresholds prepared by BAAQMD and regards the quantitative thresholds to be based on the best information a�ailable for the San Francisco Bay Area Air Basin. Evidence supporting these thresholds has been presented in the following documents: C'it� of C'upertino 46 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 82 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts BIA vs.BAAOMD • Bay Area Air Quality Management D1Str1Ct(BAAQMD�. Iya Deeenzber 2010, tlie Califoryaia B��ildiyag Iyad��stry C E��A Ai�^��ziality' (izridelihe,s (A�peh�ix ,�,s,socratrc��a (BI�l frlec�a Imi sz�rt rn.�lm�zec�a('oz��a�, D�. May 2011. S��erior Co��rt clialleyagiyag toxic air contanziyaayats ayad P��I�.;tliresliolds develo�ed by B��O�I�ID for its CE04 4ir • California Air Resources Board. 2008. O��aliry Cn�ideliyaes(Cali foryaia B��ildiyag Iyad��stry 4ssociatzoya v. Bay 4rea 4ir O��ality�l�IayaagenzeyatDistr^ict, C'I ihzate C'hahge.S'co�ing Plah. - 4lanzeda Cb�naty S��perio� (:o��rt(�zse l"o.RU105-18693). (Statewide GHG Emission Targets) Oyae of tlie ideyatrfred eoyaccryas is t7iat tlic�rides�read��se of tlie tlires7iolds��o��ld iyaliihit iyafrll ayad snzartgro�rtli iya tlie 4.7.3.2 G�^eenhouse G�[s Emissions z�rbayaized Bay 4rea. Oya�l�Iareli S, 2012, tlie,Si��erior Imp�[cts f�^om the Fi'oject Co��rt fo��yad tliat ado�tzoya of tliresliolds by tlie B��O�I�ID iya it.�CE04 4ir O��ality C'n�ideliyaes is a CE04�rojeet ayad Operational Emissions B��O��ID is yaot to dissenziyaate o�cially sayactzoyaed air c��ality tliresliolds ofsig�aifrcayace��yatzl B��O�I�ID fi�lly eonz�lies�i�itli CEO��. ��o fi�rtlier frndiyag.�or r��lr�ags��ere The BAAQIVID CE�A Ai�^�2�ality G2�idelines nzade oya flie tlire.�7iolds of tlie��dated B��O�I�ID�ir Contains a sCreening threshold of 56 single- O��ality Cn�ideliyaes. Tlie Ciry��yaderstayads tlie effeet of tlie family dwelling units for operational-related lm,�s��zt to be tl�at 84�40��1D nzay l�ave to�re�are ayz impacts due to greenhouse gas emissions. The eyaviroyanzeyatal reviei�� doc�mzeyat before ado�tiyag tlie sanze screening criteria provide lead agencies with a or revzsed tliresliolds. Ho„�ever, tlie r��lzyzg zyz tlie case does conservative indication of whether a proj ect y�ot ec��ate to a fndzyzg tl�at tl�e c��ayztztatzve nzet�zcs zyz tl�e B��O�I�ID tliresliolds are iyacorrect or��yareliable for could result in significant greenhouse gas � nzceti�ag�B 32's clinzate�roteetroya goals. Per flie,State emissions impaCt. The projeCt would allow CE04 C'n�ideliyaes[Seetioya 1506-1(b)], tlie deternzryaatzoya of ConstruCtion of three single-family residenCes ��lietlier a�roject nzay liave a sigyaifrcayat effect oya tlie which is well below the screening threshold and, eyaviroyanzeyat is s��bject to tlie discretzoya of eacli iyadivid��al therefore, the proj ect would not result in a lead ageyzcy, based��oyz s��bstayztzal evzdeyzce. Tl�e signifiCant global Climate Change impaCt due to tliresliold��sed by tlie City of C��ertiyao for tlie assessnzeyat emissions of greenhouse gases. (Less Than ofznz�acts zs yzoted above. Significant Impact) 4.7.3.3 C'onsistency ivith A�lopte�l Pl�cns�cn�l Policies for Greenhouse G�cs Re�luction As discussed in Section 4.7.2 Regulatory Bacicground, the State of California has adopted a Climate Change Scoping Plan. GHG emissions are also addressed in the adopted 2010 Bay Area Clean Air Plan. There are no other regional plans that apply to projects in the City of Cupertino that ha�e completed environmental review and been adopted. Green Building and Emissions Reduction Features The proposed project would be built according to the Residential Mandatory Measures of the California Green Building Code and, if applicable,the Cupertino Green Building Ordinance (in effect July 1, 2013)including exceeding Title 24 by 15 percent, reducing indoor water use by 20 percent, and reusing or recycling 50 percent of building materials. C'it� of C'upertino 47 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 83 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Comparison of Project Features to State of California Climate Change Scoping Plan Measures The CARB-approved Climate Change Scoping Plan outlines a comprehensive set of actions intended to reduce overall GHG emissions in California, improve the environment, reduce dependence on oil, diversify California's energy sources, save energy, create new jobs, and enhance public health. The Scoping Plan includes 39 Recommended Actions for reducing GHG emissions. While the Scoping Plan focuses on measures and regulations at a statewide level, implementation of ineasures at the local level are also important. Recommended Actions that pertain to the project are noted in Table 4.7-1. Table 4.7-1 Climate Change Scoping Plan—Recommended Actions Compared to Project Features Measure Description Applicable Feature Transportation T-1 Pa�le� I and II—Light Dun Velucle GHG State Action—Not applicable Standards T-2 Low Cai�bon Fuel Standard State Action-Not applicable Land use and trai�sportation measures T-3 Regional Trai�sportation-Related Greeiiliouse Gas included in the project that help reduce Targets �elucle tra�el include proiimin to trai�sit jobs,and sei�ices T-� Velucle Efficienc� Measures State Action—Not applicable T-5 Slup Electrification at Poits State Action—Not applicable T-6 Goods Mo�ement Efficienc� State Action—Not applicable T-7 Hea��-Dun GHG Einission Reduction Measure State Action—Not applicable T-8 Medium-and Hea��-Dun Velucle H�bridization State Action—Not applicable T�) Higli Speed Rail Not applicable Energy Efficiency/Electricity and Natural Gas CalGreen Building Codes w ill appl�. E-1 Ener� Efficienc�,including more stringent building Ener� efficienc� standards are required standards per the Cupertino Green Building Ordinance. E-2 Increase Combined Heat and Po��er(Co-generation) Not an ener�- supply project not Use b� 30,000 GWIi applicable State Action—Not applicable,although E-3 Renew ables Poilfolio Standard o�er time GHG einissions associated w ith electricin use w ill decline. E-� Million Solar Roofs/Solar Iiutiati�e Not currentl� proposed. Ener� Efficienc� —Utilin,Building and Appliance CR-1 Standards CalGreen Building Codes w ill appl�. CR-2 Solar Water Heating Not cui7ently proposed. C'it� of C'upertino 48 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 84 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Table 4.7-1 Climate Change Scoping Plan—Recommended Actions Compared to Project Features Measure Description Applicable Feature Green Buildings CalGreen Building Codes and,if GB-1 Green Buildings applicable,the Cupertino Green Building Ordinance w ill appl�. Water Of the sii GHG reduction measures below,tluee target reducing ener� requirements associated with pro�iding reliable w ater supplies and tw o measures are aimed at reducing tlie amount of non-renew able electricin associated w itli con�e�ing and treating w ater. Tlie final measure focuses on pro�iding sustainable fi�nding for implementing these actions. Project will use low flow plumbing W-1 Water Use Eff'iciency filtures. W-2 Water Recycling State or Cin-Action—Not applicable. W-3 Water System Ener�-Eff'iciency Not applicable W-� Reuse Urban Runoff On-site reuse is not proposed. W-5 Increase Rene��able Ener Production State or Cit�-Action for Water System— � Not applicable. W-6 Public Goods Charge(Water) Not applicable Industry I-1 tluough Ener� Efficienc� and Einission Reduction for Industi� measures not applicable; I-5 Large Industrial Sources residential project. Recycling and Waste Management RW-1 Landfill Metliane Control and Caph�re Not applicable RW-2 High Rec�cling/Zero Waste (including Cominercial Future residents would paiticipate in Cin RW-3 rec�cling and w aste reduction programs, Recycling) as applicable. Forests and Agriculture F-1 Sustainable Forest Target No impact to forest resources. A-1 Metliane Capture at Large Dairies State Action—Not applicable High Global Warming Potential (GWP) Gases H-1 tluough Motor Velucle Air Conditioiung,�arious GWP H_� gases in industrial and consumer products and State Actions—Not applicable equipment Under the Scoping Plan, local governments are expected to reduce GHG emissions by five million metric tons (statewide)through transportation and land use changes. In addition, local governments will play a lcey role in implementing many of the strategies contained in the Scoping Plan, such as energy efficient building codes, local renewable energy generation, and recycling programs. As listed in Table 4.7-3 and outlined in Green B��ilding and Emissions Red��ction Feat��res, above, the project includes energy efficiency, land use and transportation, and water conservation features C'it� of C'upertino 49 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 85 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts consistent with several recommended actions in the Scoping Plan and would not conflict with implementation of recommended actions in the Scoping Plan intended to reduce GHG emissions by the year 2020. Consistency with Local Plans,Policies, or Regulations Bav Area 2010 Clean Air Plan The Bay Area 2010 Clean Air Plan includes performance objectives, consistent with the state's climate protection goals under AB 32 and SB 375, designed to reduce emissions of greenhouse gases to 19901evels by 2020 and 40 percent below 19901evels by 2035. The CAP identifies a range of Transportation Control Measures, Land Use&Local Impacts Measures, and Energy and Climate Measures that malce up the CAP's control strategy for emissions, including GHGs. The proposed proj ect features a rezoning to allow three residences to replace two e�sting residences on a site pro�mate to transit,jobs, schools, shopping, parks, and other amenities. This would be consistent with Transportation Control Measure (TCM)D-2 —Pedestrian Access and Facilities Improvement. As noted above, the project will be required to meet the City of Cupertino's Green Building Code standards. This would be consistent with Energy Control Measure (ECM)-1 —Energy Efficiency in the CAP. The project would be consistent with the Climate Change Scoping Plan (as discussed above) and the Bay Area 2010 Clean Air Plan and would not exceed appropriate thresholds of significance for greenhouse gas emissions. Therefore, the proj ect would not conflict with any currently adopted local plans, policies, or regulations pertaining to greenhouse gas emissions. Sustainable Communities Strate�v Regionally, a Sustainable Communities Strategy that links transportation and land use planning together into a more comprehensive, integrated process is under early development by the Metropolitan Transportation Commission, BAAQMD, and the Association of Bay Area Governments. Under SB 375 (Redesigning Communities to Reduce Greenhouse Gases), the Sustainable Communities Strategy (SCS) has been developed as part of the update of the Regional Transportation Plan for the Bay Area which was released in March 2013. The project is not located in Priority Development Area and given its size would not conflict with the Sustainable Community's Strategy. The location, density, and measures included in the proj ect to reduce greenhouse gas emissions would not conflict with plans, policies, or regulations for reducing greenhouse gas emissions adopted by the California legislature, CARB, BAAQMD, or City of Cupertino. (Less Than Significant Impact) C'it� of C'upertino �0 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 86 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.7.4 Conclusion The proj ect would not generate net new greenhouse gas emissions above the threshold of 1,100 MT CO�e per year or conflict with plans, policies or regulations for reducing GHG. Therefore, the proj ect would result in a less than significant impact to global climate change. (Less Than Significant Impact) C'it� of C'upertino �1 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 87 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.8 HAZARDS AND HAZARDOUS MATERIALS The following discussion is based on a Phase I Environmental Site Assessment(ESA), Phase II Environmental Site Assessment, Report of Additional Soil Investigation, Worlc Plan for Additional Site Characterization, Summary Report of Soil Investigations, Revised Site Mitigation Plan, and an Investigative Report and Revised Mitigation Plan prepared by Piers Environmental, Inc. These reports were prepared from March 2012 to July 2013 and are included in Appendix C of this Initial Study. 4.8.1 Setting 4.8.1.1 B�cckgroun�llnfornuction Hazardous materials include a broad range of common substances such as motor oil and fuel, pesticides, detergents, paint, and solvents. A substance may be considered hazardous if, due to its chemical and/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. 4.8.1.2 Site C'on�litions The 0.96-acre project site has been developed with residential uses since 1950. The site was previously used for agricultural purposes as an orchard. Nearby sensitive receptors include surrounding residential development and quasi-public uses (e.g. daycare, school, churches) to the west. On-Site Observations A site reconnaissance survey was completed for the project site in March 2012. All e�terior areas of the proj ect site were inspected during the site reconnaissance. The interior of the smaller residence was examined and was visible from the outside. A portion of the main residence was observed from the e�terior. The project site includes asphalt-pa�ed driveways and parl�ing areas at the front, a rear patio, and a large lawn at the rear with remnant orchard trees. The main residence is a two-bedroom structure with a third bedroom in the converted garage. A smaller residence behind the main residence contains two rooms. Two sheds and a carport are also located on the property. Historic Site Conditions Based on historical records and aerial photographs, the project site was in agricultural use prior to 1950 when the e�sting residential use was constructed on the site. Prior to construction of the residences, the site and surrounding area contained orchards. The previous use of the property for agriculture implies the use of chemical pesticides and fertilizer, remnants of which are frequently found on developed properties previously used for agriculture in the Santa Clara Valley. C'it� of C'upertino �2 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 88 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.8.1.3 Potenti�cl On-Site Sources of C'ont�cmin�ction Agricultural Use Impacts Due to the past agricultural use of proj ect site, soil samples were collected and tested for residual pesticides and metals in the near-surface soil. Concentrations of lead, arsenic, DDE, DDT, chlordane, dieldrin, heptachlor, and toxaphene were detected in the on-site soils. Arsenic concentrations, although elevated, were not above bacicground concentrations for Bay Area soils. Concentrations of lead and organochlorine pesticides (DDE, DDT, chlordane, etc.)were above the Department of To�c Substances Control (DTSC) California Health Hazard Screening Levels (CHHSLs) for residential use at several sample locations. Lead was detected in on-site soils in the southern portion of the site at 390 parts per million (ppm) appro�mately 0.25 feet below grade. Organochlorine pesticides at concentrations up to 8.3 ppm were detected in soils appro�mately 0.25 feet and 1.5 feet below grade in the garden areas of the property behind the main residence and directly west of the large oalc tree on-site(refer to Appendix C). Within the oalc tree canopy, organochlorine pesticides at concentrations from two to five times the residential CHHSL were detected in soils appro�mately 0.25 feet below grade. Based on the soil analyses completed, residual pesticides and metals in soils on the site are above levels considered to pose health rislcs for people. 4.8.1.4 Potenti�cl Off-Site Sources of C'ont�cmin�ction A regulatory database search was completed for the project site for the purpose of identifying all sites within the project area where there are known or suspected sources of contamination, as well as sites that handle or store hazardous materials. Based on information in these database records (refer to Phase I ESA in Appendix C)including the type of release, current case status, and distance and direction from the site, no reported hazardous materials spills or releases in the vicinity of the site have a potential to affect the proj ect site. 4.8.1.5 Other H�cz�cr�ls The proj ect site is not located within two miles of an airport or within the Santa Clara County Airport Land Use Commission (ALUC)jurisdiction safety zone. The project site is located within an urban area that is not subj ect to wildfires.i i 11 Association of Ba� Area Govenunents.Earthqualie and Hazards Program. iT'ildlnnd I;"r°ban Inter face Fir°e Thr°eatened C'orixrixzr�ritzes. Julv 2009. Accessed April 11,2013. Available at <http://eis3.abae.ca.eo�°/Website/Fu�e Tlu�eat WLII/ eie��er.htm> C'it� of C'upertino �3 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 89 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.8.2 Environmental Checklist and Discussion of Impacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Create a significant hazard to the public or ❑ ❑ ❑ � 1,8, the en�ironment through the routine 10-15 transport,use,or disposal of hazardous materials? 2. Create a significant hazard to the public or ❑ � ❑ ❑ 1,8, the en�ironment through reasonabl�� 10-15 foreseeable upset and accident conditions in�01�ing the release of hazardous materials into the en�ironment? 3. Emit hazardous emissions or handle ❑ ❑ ❑ � 1,8, hazardous or acutel��hazardous materials, 10-15 substances,or�vaste�vithin one-quarter mile of an eiisting or proposed school? 4. Be located on a site�vhich is included on a ❑ � ❑ ❑ 1,8, list of hazardous materials sites compiled 10-15 pursuant to Go�ernment Code Section 65962.5 and, as a result,�vill it create a significant hazard to the public or the en�ironment? 5. For a project located�vithin an airport land ❑ ❑ ❑ � 1 use plan or,�vhere such a plan has not been adopted,�vithin t�vo miles of a public airport or public use airport,�vill the project result in a safe��hazard for people residing or �vorlcing in the project area? 6. For a project�vithin the�icini��of a pri�ate ❑ ❑ ❑ � 1 airstrip,�vill the project result in a safe�� hazard for people residing or�vorlcing in the project area? 7. Impair implementation of,or ph��sicall�� ❑ ❑ ❑ � 1,2 interfere�vith, an adopted emergenc�� response plan or emergenc��e�acuation plan? 8. Eipose people or structures to a significant ❑ ❑ ❑ � 16 rislc of loss,injun�or death in�01�ing �vildland fires,including�vhere�vildlands are adjacent to urbanized areas or�vhere residences are intermiied�vith�vildlands? C'it� of C'upertino �4 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 90 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.8.2.1 Potenti�cl for H�cz�cr�lous M�cteri�cls C'ont�cmin�ction Imp�ccts Soil and Groundwater Conditions The proposed project would allow the development of three single-family residences on the site. Exposed soils would be present in the yards of the future residences. No groundwater was found to a depth of 15 feet on the site and would not come into contact with residents of the site. Levels of lead, DDE, DDT, chlordane, dieldrin, heptachlor, and toxaphene in near surface soils on the site exceed allowable levels set by DTSC for residential use. Impact HAZ-1: The proj ect may expose residents of the site to lead and organochlorine pesticide concentrations exceeding state standards for residential uses. (Significant Impact) Mitigation Measures: As a condition of approval and in conformance with local, state, and federal regulations, the proj ect shall implement the following mitigation measures with the oversight of the Santa Clara County Department of Environmental Health and City of Cupertino to reduce impacts associated with redevelopment of the site to a less than significant level: MM HAZ— 1.1: The project shall excavate the area of lead-impacted soil to a depth of 1.5 feet in the area identified in the Revised Site Mitigation Plan. Soils will be tested, profiled, and granted acceptance to a landfill permitted to handle disposal of lead contaminated soil prior to exca�ation of these soils directly into trucics for offhaul from the site. Dust control measures (watering) shall be employed prior to and during excavation and loading to eliminate or minimize dust creation. MM HAZ— 1.2: From the rear of the e�sting residence to the midpoint of the property, pesticide-impacted soils that would be located beneath pavement or covered by structures will be exca�ated to a depth of six inches and disposed of at a permitted landfill. Where impacted soils are present in future landscape areas, soils will be excavated to a depth of one foot below grade. In planned landscape areas, confirmation sampling will be completed to confirm pesticide-impacted soils have been removed. Contaminated soils from landscape areas up to a depth of six inches will be disposed of offsite. The remaining exca�ated landscape area soil from depths of six inches to one foot will be stocicpiled on-site and eventually disposed at a permitted landfill or placed as fill beneath areas of pavement. MM HAZ— 1.3: Within the branch canopy of the large oalc tree on-site surface soil to a depth of appro�mately six to twelve inches below grade, will be exca�ated by hand under the consultation and direction of the City of Cupertino's arborist. Frior to excavation, confirmation subsurface samples will be collected at three-inch intervals from six inches to one foot below grade and analyzed to establish C'it� of C'upertino » Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 9� Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts exca�ation depths within the oalc tree canopy. Confirmation sampling will be completed to confirm pesticide-impacted soils ha�e been removed. MM HAZ— 1.4: In the event confirmation samples reveal the presence of additional lead or organochlorine pesticides, additional excavation and sampling will be completed under the oversight of the Santa Clara County Department of Environmental Health. MM HAZ— 1.5: Remediation worlc on the site shall adhere to the procedures identified in the Site Mitigation Plan for Soil Management during Construction, including off- site disposal, dust control,reuse of on-site soils, and implementation of a contractor health and safety plan. (Less Than Significant Impact with Mitigation Incorporated) Asbestos-Containing Materials and Lead-Based Paint Buildings on the project site were constructed in 1950 and may have been constructed with asbestos- containing materials. The buildings are also assumed to ha�e painted surfaces containing lead-based paint. No formal surveys for asbestos-containing materials or lead-based paint ha�e been completed for the e�sting residences. Impact HAZ-2: Demolition of e�sting structures on the project site could expose construction worlcers and nearby sensitive receptors to harmful levels of asbestos and lead. (Significant Impact) Mitigation Measures: As a condition of approval and in conformance with local, state, and federal regulations, the project shall implement the following standard mitigation measures to reduce possible impacts associated with building demolition to a less than significant level: MM HAZ—2.1: In conformance with federal and State regulations, a formal survey for ACBMs and lead-based paint shall be completed prior to the demolition of buildings on the site. MM HAZ—2.2: All potentially friable ACBMs shall be removed in accordance with National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines prior to building demolition or renovation that may disturb the materials. All demolition activities will be undertalcen in accordance with Cal/OSHA standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect worlcers from exposure to asbestos. Materials containing more than one percent asbestos are also subject to Bay Area Air Quality Management District(BAAQMD)regulations. MM HAZ—2.3: During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations 1532.1, including employee C'it� of C'upertino �6 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 92 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts training, employee air monitoring and dust controL Any debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disposed. (Less Than Significant Impact with Mitigation Incorporated) 4.8.3 Conclusion Impact HAZ-1: The potential for the proj ect to expose residents of the site to lead and organochlorine pesticide contamination would be mitigated through the implementation of mitigation measures MM HAZ— 1.1 through MM HAZ— 1.5. (Less Than Significant Impact with Mitigation Incorporated) Impact HAZ-2: The potential for demolition of e�sting structures on the project site to expose construction worlcers and nearby sensitive receptors to harmful levels of asbestos and lead would be mitigated through the implementation of mitigation measures MM HAZ—2.1 through MM HAZ—2.3. (Less Than Significant Impact with Mitigation Incorporated) C'it� of C'upertino �7 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 93 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.9 HYDROLOGY AND WATER QUALITY 4.9.1 Setting 4.9.1.1 Hy�lrology�cn�l W�cter Qu�clity Surface Water The project site is located within an area described as the West Valley Watersheds by the Santa Clara Valley Water District.i' The West Valley Watershed consists of an 85-square-mile area of multiple small-creelc watersheds including the Calabazas Creelc watershed. Surface runoff from the project site is conveyed to Regnart Creelc which flows to Calabazas Creelc and ultimately the San Francisco Bay. Appro�mately two-thirds of the proj ect site consists of pervious surfaces (landscaping and rear yard). Runoff from the site is currently conveyed to a 12-inch storm drain line located in McClellan Road. Groundwater The project site is located in the Santa Clara Valley Groundwater Basin between the Diablo Mountains to the east and the Santa Cruz Mountains to the west. The Santa Clara Valley Groundwater Basin is filled by valley floor alluvium and the Santa Clara Formation. Groundwater was not encountered during the subsurface exploration, which e�tended to a depth of 15 feet. Fluctuations in the level of the groundwater may occur due to variations in rainfall, underground drainage patterns, and other factors. Groundwater is expected to flow to the northeast, towards San Francisco Bay. 4.9.1.2 Floo�ling According to the Federal Emergency Management Agency's (FEMA)Flood Insurance Rate Map, the site is located within Zone X, which is defined as areas of 0.2 percent annual chance flood, areas of percent chance flood with a�erage depths of less than one foot or with drainage areas less than one square mile; and areas protected by levees from the one percent chance flood.i' 4.9.1.3 Other Inun�l�ction H�cz�cr�ls Dam Failure The Association of Bay Area Governments (ABAG) compiles the dam failure inundation hazard maps submitted to the State Office of Emergency Services by dam owners throughout the Bay Area. 1=Santa C'lara Valle� Water Distr�ict. "West Valle�". Accessed April�.2013. <http://��-��.�alle�°�vater.orQ/sereices/WestVallev.as�>. 13 Federal Emergenc��Management Agencv. Flood brs°rrra�rce Rate llap. Pa�re7 06085C'0208H. Mav 18,2009. C'it� of C'upertino �8 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 94 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts The proj ect site is not located within a dam failure inundation hazard area.ia Sea Level Rise The project site is located at an elevation of approximately 285 feet above mean sea level, and is not within a shoreline area vulnerable to projected sea level rise from global climate change of up to 55 inches.i' Earthquake-Induced Waves and Mudflow Hazards The site is not located near a large body of water, near the ocean, or in a landslide hazard zone and, therefore, is not subject to inundation by seiche, tsunami, or mudflow. 4.9.1.4 W�cter Qu�clity The water quality of streams, creelcs, ponds, and other surface water bodies can be greatly affected by pollution carried in contaminated surface runof£ Pollutants from unidentified sources, known as "non-point" source pollutants, are washed from streets, construction sites, parl�ing lots, and other exposed surfaces into storm drains. Surface runoff from roads is collected by storm drains and discharged into Regnart Creelc. The runoff often contains contaminants such as oil and grease, plant and animal debris (e.g., leaves, dust, and animal feces), pesticides, litter, and heavy metals. In sufficient concentration, these pollutants have been found to adversely affect the aquatic habitats to which they drain. Under e�sting conditions, the proj ect site contains two residences with associated structures, pavement, and landscaping. Runoff from the site may contain sediment, fertilizers, and pesticides from landscaped areas, and metals, trash, oils and grease from paved areas. 4.9.1.5 Regul�ctory Setting Federal Emergency Management Agency In 1968, Congress created the National Flood Insurance Program(NFIP)in response to the rising cost of taxpayer funded disaster relief for flood victims and the increasing amount of damage caused by floods. The NFIl'malces federally-baciced flood insurance available for communities that agree to adopt and enforce floodplain management ordinances to reduce future flood damage. The Federal Emergency Management Agency (FEMA) manages the NFIl' and creates Flood Insurance Rate Maps (FIRMs)that designate 100-year floodplain zones and delineate other flood hazard areas. A 100-year floodplain zone is the area that has a one in one hundred (one percent) ia Associafion of Bav Area Governments. Darix Faihrre bnr�rdatzo�r Hazard llap for C'zrperti�ro. Map. October 20,2003. Available at<http://��°.abaQ c.a.Qoe/cQi-bin/�icl.damz.�l> i�Bav Conseivation and Development Commission. Livi�rg with a Risi�rg Bay: T irhrerabi7it}•a�rd Adaptatio�r i�r Sa�r Fra�rcisco Baya�rdo�ritsShore7i�re. 2011. Page28. Availableat<http://��.bcdc.ca.�o�°BPA/Livim.WithRisim.Ba�df> C'it� of C'upertino �9 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 95 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts chance of being flooded in any one year based on historical data. Portions of the City are identified as special flood hazard areas with a one percent annual chance and 0.2 percent annual chance of flooding (also known as the 100-year and 500-year flood zones) as determined by the FEMA NFIP. Water Quality (Nonpoint Source Pollution Program) The federal Clean Water Act and California's Porter-Cologne Water Quality Control Act are the primary laws related to water quality. Regulations set forth by the U.S. Environmental Protection Agency (EPA) and the State Water Resources Control Board have been developed to fulfill the requirements of this legislation. EPA's regulations include the National Pollutant Discharge Elimination System (NPDES)permit program, which controls sources that discharge pollutants into the waters of the United States (e.g., streams, lalces, bays, etc.). These regulations are implemented at the regional level by the water quality control boards, which for the Cupertino area is the San Francisco Regional Water Quality Control Board (RWQCB). Statewide Construction General Permit The State Water Resources Control Board has implemented a NPDES General Construction Permit for the State of California. For proj ects disturbing one acre or more of soil, a Notice of Intent(NO� and Storm Water Pollution Frevention Plan (SWPPP) must be prepared prior to commencement of construction. Municipal Re�ional Stormwater NPDES Permit(MRP)/C.3 Requirements The San Francisco Bay RWQCB also has issued a Municipal Regional Stormwater NPDES Permit (Permit Number CAS612008) (MRP). In an effort to standardize stormwater management requirements throughout the region, this permit replaces the formerly separate countywide municipal stormwater permits with a regional permit for 77 Bay Area municipalities, including the City of Cupertino. Under provisions of the NPDES Municipal Permit, redevelopment proj ects that add and/or replace more than 10,000 square feet of impervious surface, or 5,000 square feet of uncovered parl�ing area, are required to design and construct stormwater treatment controls to treat post- construction stormwater runof£ Amendments to the MRP require all of the post-construction runoff to be treated by using Low Impact Development(LID)treatment controls, such as biotreatment facilities. The MRP also identifies subwatershed and catchment areas subj ect to hydromodification management controls. The proj ect site is located an area that is less than 65 percent impervious; however, the proj ect would not add or replace one acre of impervious surfaces and, therefore would not be subject to the hydromodification standard and associated requirements in the MRP would not be applicable.i� 16 Santa Clara Vallev Urban Runoff Pollution Frevenfion Pro�am. Hydrorixodffrcation lla�ragerixent(H_lI)App7icabi7it}•llap C'ity ofC'zrperti�ro. November 2010. A�ailable at<http://��.sceur�p-��21..com/�IMF'�p maps/Cupertino �IMP Ma�df> Cin�of Cupertino 60 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 96 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts City of Cupertino Municipal Code Chapter 16.52 Prevention of Flood Damage of the City of Cupertino Municipal Code govems construction in Special Flood Hazard Areas (zone A, AO or A1-30 on FIRM maps)having special flood or flood-related erosion hazards. Under this regulation, the Director of Public Worlcs reviews all development permits to determine that the permit requirements of this chapter have been satisfied, and that building sites are reasonably safe from flooding. Chapter 9.18 Storin��ater Po117�tion Prevention and Watershed Proteetion of the City of Cupertino Municipal Code outlines the City's minimum requirements designed to control the discharge of pollutants into the City of Cupertino's storm drain system and to assure that discharges from the City of Cupertino storm drain system comply with applicable provisions of the Federal Clean Water Act and National Pollutant Discharge Elimination System Permit. 4.9.2 Hvdrologv and Water Qualitv Imuacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Violate an��vater quali��standards or ❑ ❑ � ❑ 1,2 �vaste discharge requirements? 2. Substantiall��deplete ground�vater supplies ❑ ❑ � ❑ 1 or interfere substantiall��vith ground�vater recharge such that there�vill be a net deficit in aquifer�olume or a lo�vering of the local ground�vater table le�e1(e.g.,the production rate of pre-eiisting nearb��vells �vill drop to a le�e1�vhich�vill not support eiisting land uses or planned uses for �vhich permits ha�e been granted)? 3. Substantiall��alter the eiisting drainage ❑ ❑ � ❑ 1 pattern of the site or area,including through the alteration of the course of a stream or ri�er,in a manner�vhich�vill result in substantial erosion or siltation on- or off-site? 4. Substantiall��alter the eiisting drainage ❑ ❑ � ❑ 1 pattern of the site or area,including through the alteration of the course of a stream or ri�er,or substantiall��increase the rate or amount of surface runoff in a manner�vhich�vill result in flooding on-or off-site? Cin�of Cupertino 61 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 97 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 5. Create or contribute runoff�vater�vhich ❑ ❑ � ❑ 1,2 �vill eiceed the capaci��of eiisting or planned storm�vater drainage s��stems or pro�ide substantial additional sources of polluted runoff? 6. Other�vise substantiall��degrade�vater ❑ ❑ � ❑ 1 qu ali�? 7. Place housing�vithin a 100-��ear flood ❑ ❑ � ❑ 17 hazard area as mapped on a Federal Flood Hazard Boundar��or Flood Insurance Rate Map or other flood hazard delineation map? 8. Place�vithin a 100-��ear flood hazard area ❑ ❑ � ❑ 17 structures�vhich�vill impede or redirect flood flo�vs? 9. Eipose people or structures to a significant ❑ ❑ � ❑ 1,2 rislc of loss,injun�or death in�01�ing flooding,including flooding as a result of the failure of a le�ee or dam? 10. Inundation b��seiche,tsunami,or ❑ ❑ � ❑ 1,2 mudflo�v? 4.9.2.1 Hy�lrology�cn�l Dr�cin�cge Redevelopment of the site may result in a slight increase in stormwater runoff from the project site given the large, unpa�ed, rear yard on the site. In accordance with the Municipal Regional Stormwater NPDES Permit, the project will be required to treat stormwater runoff from the site prior to discharge to the storm drain system because it will add greater than 10,000 square feet of impervious surfaces. The proj ect, with the incorporation of stormwater treatment measures, is not anticipated to substantially increase runoff from the project site or exceed the capacity of the City's e�sting storm drainage system. (Less Than Significant Impact) 4.9.2.2 Floo�ling As discussed previously, the project site is not within the 100-year, or one percent flood zone. The project, therefore, would not place housing within a 100-year flood hazard area or impede or redirect flood flows within a 100-year flood hazard area. (No Impact) C'it� of C'upertino 62 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 98 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.9.2.3 Other Inun�l�ction H�cz�cr�ls The project is not located in an area subject to inundation hazards from dam failure,projected sea level rise or earthqualce induced waves or mudflows. (No Impact) 4.9.2.4 Groun�liv�cter Supply Imp�ccts The project would use water supplied by San Jose Water Company. Water supply impacts of the project are addressed in Section 4.17 Utilities and Service Systems. The proj ect site does not include an in-stream groundwater recharge area and redevelopment of this site would not substantially interfere with groundwater recharge of the local aquifer used for drinl�ing water supply. Grading for the project would be limited and would not encounter groundwater on the site. The project, therefore, would not result in substantial direct or indirect impacts to groundwater resources in the area. (Less Than Significant Impact) 4.9.2.5 W�cter Qu�clity Construction Related Impacts Construction of the proposed project, as well as grading and excavation activities, may result in temporary impacts to surface water quality. Project grading and construction activities would affect the water quality of storm water surface runof£ Construction of the proposed buildings and paving of streets and sidewallcs would also result in a disturbance to the underlying soils, thereby increasing the potential for sedimentation and erosion. When disturbance to underlying soils occurs, the surface runoff that flows across the site may contain sediments that are ultimately discharged into the storm drainage system. Post-Construction Impacts Redevelopment of the site would introduce new impervious surfaces, including new roofs and pa�ement. The amount of pollution carried by runoff from new residences and pa�ement, therefore, could increase. The project also would increase traffic and human activity on and around the site, generating more pollutants and increasing dust, litter, and other contaminants that could be washed into the storm drain system. The project would, therefore, generate increases in water contaminants which could be carried downstream in storm water runoff from pa�ed surfaces on the site. Stormwater from urban uses (including building rooftops) contains metals, pesticides, herbicides, and other contaminants such as oil, grease, lead, and animal waste. Runoff from the proposed project may contain increased oil and grease from parlced vehicles, as well as sediment and chemicals (i.e., fertilizers and pesticides)from the landscaped areas. Redevelopment of the proj ect site would increase the amount of urban runoff from the site that could convey pollutants to Regnart Creek, Calabazas Creek, and San Francisco Bay. As a condition of approval and in conformance with the City of Cupertino's Municipal Code Chapter 9.18, the project C'it� of C'upertino 63 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 99 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts shall implement the following standard measures to reduce water quality impacts to a less than significant level: Construction Measures Condition HYD— 1.1: The proj ect shall implement construction BMPs to a�oid impacts to surface water quality during construction, to the satisfaction of the Director of Public Worlcs. Construction BMPs would include, but would not be limited to,the following measures: • Preclude non-stormwater discharges to the stormwater system. • Incorporate effective, site-specific Best Management Fractices for erosion and sediment control during the construction period. • Cover soil, equipment, and supplies that could contribute to non- visible pollution prior to rainfall events or monitor runoff. • Perform monitoring of discharges to the stormwater system. Post-Construction Measures Condition HYD— 1.2: The proj ect shall comply with Frovision C.3 of NPDES Permit Number CAS612008, which provides enhanced performance standards for the management of storm water for new development. Prior to issuance of building and grading permits, each phase of development shall include provision for post-construction structural controls in the project design in compliance with the NPDES C.3 permit provisions, and shall include BMPs for reducing contamination in storm water runoff as permanent features of the project. The project includes the incorporation of biofiltration areas to treat and reduce the amount of runoff from the site. The specific BMPs to be used in each phase of development shall be determined based on design and site-specific considerations and will be determined prior to issuance of building and grading permits. Condition HYD— 1.3: To protect groundwater from pollutant loading of urban runoff, BMPs which are primarily infiltration devices (such as infiltration trenches and infiltration basins) must meet, at a minimum, the following conditions: • Pollution prevention and source control BMPs shall be implemented to protect groundwater; • Use of infiltration BMPs cannot cause or contribute to degradation of groundwater; • Infiltration BMPs must be adequately maintained; • Vertical distance from the base of any infiltration device to the seasonal high groundwater marlc must be at least 10 feet. In areas of highly porous soils and/or high groundwater table, BMPs shall be C'it� of C'upertino 64 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision ,�oo Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts subj ect to a higher level of analysis (considering potential for pollutants such as on-site chemical use,level of pretreatment, similar factors); • Unless storm water is first treated by non-infiltration means, infiltration devices shall not be recommended for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater a�erage daily traffic trips on main roadway or 15,000 or more average daily traffic trips on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, trucic, etc); nurseries; and other land uses and activities considered by the City as high threats to water quality; and Condition HYD— 1.4: Best Management Practices (BMPs) shall be selected and designed to the satisfaction of the Director of Public Worlcs in accordance with the requirements contained in the most recent versions of the following documents: • City of Cupertino Post-Construction BMP Section Matrix; • SCV[_]RPPP"Guidance for Implementing Storm water Regulations for New and Redevelopment Projects;" • NPDES Municipal Storm water Discharge Permit issued to the City of Cupertino by the California Regional Water Quality Control Board, San Francisco Bay Region; • California BMP Handboolcs; • Bay Area Stormwater Management Agencies Association (BASMAA) "Start at the Source" Design Guidance Manual; • BASMAA"Using Site Design Standards to Meet Development Standards for Storm water Quality—A Companion Document to Start at the Source;" and • City of Cupertino Planning Procedures Performance Standard. Condition HYD— 1.5: To maintain effectiveness, all storm water treatment facilities shall include long-term maintenance programs. Condition HYD— 1.6: The applicant, the project arborist and landscape architect, shall worlc with the City and the SCV[_]RPPP to select pest resistant plants to minimize pesticide use, as appropriate, and the plant selection will be reflected in the landscape plans. The proposed project, with the implementation of the above conditions, would not result in significant water quality impacts. (Less Than Significant Impact) 4.9.3 Conclusion The proposed project, with the implementation of the City's standard stormwater quality conditions, would not result in significant hydrology or water quality impacts. (Less Than Significant Impact) C'it� of C'upertino 6� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 101 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.10 LAND USE 4.10.1 Setting 4.10.1.1 Gener�cl Pl�cn�cn�l Zoning Design�ctions The project site is located in a residential area of Cupertino and is designated in the City's General Plan for Lo��Density Residential(1-�DLI'Gr. Ac.) land uses. This land use designation is intended to promote a suburban lifestyle of detached single-family homes and allows for planned residential communities if the development form is compatible with adjoining residential development. The project site is zoned RI-10-Single Family Residential which allows for single-family residential development on 10,000 square foot minimum lots. 4.10.1.2 Existing�cn�l Surroun�ling Uses The 0.96-acre project site is developed with two residences, associated residential structures, and landscaping. Two-thirds of the site is a rear yard that is mostly unpaved and planted with trees. The proj ect site is located in a residential neighborhood and fronts onto McClellan Road. Surrounding land uses include single-family residences in all directions with several quasi-public building uses located on the south side of McClellan Road to the west of the proj ect site(refer to Figure 2.2-3). 4.10.2 Land Use Imuacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Ph��sicall��di�ide an established ❑ ❑ ❑ � 1,2 communi��? 2. Conflict�vith an�� applicable land use plan, ❑ ❑ � ❑ 1,2,7 polic��,or regulation of an agenc��vith jurisdiction o�er the project(including, but not limited to the general plan, specific plan, local coastal program,or zoning ordinance) adopted for the purpose of a�oiding or mitigating an en�ironmental effect? 3. Conflict�vith an��applicable habitat ❑ ❑ ❑ � 1 conser�ation plan or natural communi�� conser�ation plan? Cin�of Cupertino 66 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision ,�02 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.10.2.1 C'onsistency ivith Gener�cl Pl�cn�cn�l Zoning(1�^�lin�cnce The proposed residential use is consistent with the e�sting General Plan land use designation which allows one to five dwelling units per acre on the site. The proj ect site is 0.96-acres and would be subdivided into four lots to allow for construction of three single-family residences and a private roadway. The proposed project would rezone the site from RI-10-Single Family Residential which allows for single-family residential development on 10,000 square foot minimum lots to RI-7.�-Single Family Residential to allow construction of three single-family residences on lots exceeding 7,500 square feet. Development surrounding the project site contains a range of residential zoning from RI-6 to RI-10. Residences on the site would be constructed consistent with the proposed zoning standards (including building setbacics and heights) and would require approval of building permits and any applicable Planning permits, such as a Two-Story Permit. Rezoning of the site within the range of adj acent residential zonings would not result in any land use compatibility impacts. The proposed project would not physically divide an established community nor would it conflict with any land use plan, policy, or regulation adopted for the purpose of a�oiding or mitigating environmental impacts. (Less Than Significant Impact) 4.10.2.2 Other L�cn�l Use Pl�cns The proj ect site is not located in an area with an adopted habitat conservation plan or natural community conservation plan. (No Impact) 4.10.3 Conclusion The proposed project is compatible with residential development in the project area and would not physically divide any established community. Implementation of the proj ect, therefore, would not result in significant land use impacts. (Less Than Significant Impact) Cin�of Cupertino 67 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 103 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.11 MINERAL RESOURCES 4.11.1 Setting The proj ect site is not located in an area containing known mineral resources. 4.11.2 Mineral Resources Impacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Result in the loss of a�ailabili��of a lcno�vn ❑ ❑ ❑ � 1>2 mineral resource that�vill be of�alue to the region and the residents of the state? 2. Result in the loss of a�ailabili��of a locall��- ❑ ❑ ❑ � 1,2 important mineral resource reco�en�site delineated on a local general plan, specific plan or other land use plan? The proj ect site is not located within an identified mineral resources area and, therefore, development of the proposed project would not result in the loss of a�ailability of a known mineral resource. 4.11.3 Conclusion The proj ect would not result in a significant impact from the loss of a�ailability of known mineral resources. (No Impact) Cin�of Cupertino 68 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 104 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.12 NOISE 4.12.1 Setting 4.12.1.1 B�cckgroun�llnfornuction Several factors influence sound as it is perceived by the human ear, including the actual level of sound, the period of exposure to the sound,the frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a"decibel" scale which serves as an index of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the"A-weighted" decibel or dBA. Although the A-weighted noise level may adequately indicate the level of environmental noise at any instant in time, community noise levels vary continuously. Most environmental noise includes a conglomeration of noise from distant sources that create a relatively steady bacicground noise in which no particular source is identifiable. To describe the time-varying character of environmental noise, the statistical noise descriptors, Loi> Lio> L;o> and L�o> are commonly used. They are the A- weighted noise levels equaled or exceeded during one, 10, 50, and 90 percent of a stated time period. A single number descriptor called the Lzq is also widely used. The Lzq is the average A-weighted noise level during a stated period of time. An A-weighted ma�mum noise level is L,,,a,. In determining the daily level of environmental noise, it is important to account for the difference in response of people to daytime and nighttime noises. During the nighttime, e�terior bacicground noises are generally lower than the daytime levels. Most people sleep at night and are very sensitive to noise intrusion. To account for human sensitivity to nighttime noise levels, a descriptor, DNL (day/night average sound level), was developed. The DNL divides the 24-hour day into the daytime of 7:00 AM to 10:00 PM and the nighttime of 10:00 PM to 7:00 AM. The nighttime noise level is weighted 10 dB higher than the daytime noise level. The Community Noise Equivalent Level (CNEL)is another 24-hour average that includes both an evening and nighttime weighting. 4.12.1.2 Applic�cble Noise St�cn�l�cr�ls�cn�l Policies Citv of Cupertino Gehe�al Plah—Health ahd.Safet��Elehzeht The Health and Safety Element establishes goals and policies designed to minimize noise exposure at noise sensitive land uses. Applicable goals and policies of the City of Cupertino are described below. • Policy 6-61: Hours of Construction Work. Restrict non-emergency building construction work near homes during evening, early morning, and weekends by enforcing the noise regulations in the Municipal Code. Cin�of Cupertino 69 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 105 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts • Policy 6-62: Construction and Maintenance Activities. Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the day, for weekdays, weekends and holidays for construction activities. Require construction contractors to use only construction equipment incorporating the best available noise control technology. • Goal O: Buildings designed to diminish noise • Policy 6-6-1: Building Code Sections on E�terior Noise Intrusion. Require the City Building Department to enforce all sections of the California Building Code for e�terior sound transmission control. The General Plan also establishes noise and land use compatibility guidelines (Goal L and Policy 6- �0)to evaluate the suitability of the proposed land use with respect to the e�sting or future noise environment(refer to Table 4.12-1). Single-family residential uses are considered "normally acceptable"in noise environments up to 60 dBA CNEL and "conditionally acceptable" in environments from 55 to 70 dBA CNEL. In a noise environment between 70 and 75 dBA CNEL, single-family residential land uses are considered "normally unacceptable." Above 75 dBA CNEL, this land use is considered "clearly unacceptable." Table 4.12-1 Land Uses and Acceptable Noise Levels Community Noise Exposure Land Use (DNL or CNEL, dB) 55 60 65 70 75 80 Residential— Low Density (Single Family, Duplex, Mobile Homes) Notes: Shading iyzdicates Norinally Acceptable noise levels � indicates Conditionally Acceptable noise levels � indicates Norinally Unacceptable noise levels � indicates Clearly Unacceptable noise levels M7�nicipal Code The City of Cupertino Noise Ordinance establishes regulations and standards regarding noise. Applicable regulations and standards are outlined below: • Daytime and Nighttime Maxim7�m Noise Levels (Section 10.-18.-l0). Individual noise sources, or the combination of a group of noise sources located on the same property, shall not produce a noise level exceeding 60 dBA during the daytime or 50 dBA during the nighttime Cin�of Cupertino 70 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 106 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts at residential property lines or 65 dBA during the daytime and 55 dBA during the nighttime at non-residential property lines. • BriefDaytime Incidents (Section 10.-18.0�0). During the daytime period only, brief noise incidents exceeding the above noise standards are allowed providing that the sum of the noise duration in minutes plus the excess noise level does not exceed 20 in a two-hour period (see Table 4.12-2). Table 4.12-2 Examples of Acceptable Brief Daytime Incidents Noise Increment Above Noise Duration in Normal Standard Two-Hour Period 5 dBA 15 Minutes 10 dBA 10 Minutes 15 dBA 5 Minutes 19 dBA 1 Minutes • Grading, Const�r�ction, and Demolition (Section 10.-18.0�3). Grading, construction, and demolition activities shall be allowed to exceed the daytime noise limits 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 87 dBA at a distance of 25 feet, or 2)noise level on any nearby property does not exceed 80 dBA It is a violation to engage in any grading, street construction, demolition, or underground utility work within 750 feet of a residential area on Saturday, Sundays, and holidays, and during the nighttime period, except as provided in Sections 10.48.029 and 10.48.030. Construction, other than street construction, is prohibited during nighttime periods unless it meets the nighttime standards of Section 10.48.040. 4.12.1.3 Existing Noise C'on�litions The project site is located adjacent to e�sting residential development to the east, south, and west. McClellan Road borders the site to the north. Vehicular traffic is the main source of noise in the project area. Based on the General Plan noise contours, noise levels on the site would be appro�mately 60 dBA to 65 dBA CNEL on the northern portion of the site along McClellan Road The proj ect site is not located within two miles of an airport or private airstrip, or within an airport land use plan. Cin�of Cupertino 71 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision ,�07 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.12.2 Noise Impacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project result in: 1. Eiposure of persons to or generation of ❑ � ❑ ❑ 1,2 noise le�els in eicess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? 2. Eiposure of persons to,or generation of, ❑ ❑ � ❑ 1 eicessi�e groundborne�ibration or groundborne noise le�els? 3. A substantial permanent increase in ambient ❑ ❑ � ❑ 1 noise le�els in the project�icini��abo�e le�els eiisting�vithout the project? 4. A substantial temporan�or periodic increase ❑ � ❑ ❑ 1,7 in ambient noise le�els in the project �icini��abo�e le�els eiisting�vithout the project? 5. For a project located�vithin an airport land ❑ ❑ ❑ � 1 use plan or,�vhere such a plan has not been adopted,�vithin t�vo miles of a public airport or public use airport,�vill the project eipose people residing or�vorlcing in the project area to eicessi�e noise le�els? 6. For a project�vithin the�icini��of a pri�ate ❑ ❑ ❑ � 1 airstrip,�vill the project eipose people residing or�vorlcing in the project area to eicessi�e noise le�els? CEQA does not define what noise level increase would be considered substantial. Typically, project- generated noise level increases of three(3) dBA CNEL or greater would be considered significant where e�terior noise levels would exceed the normally acceptable noise level standard. Where noise levels would remain at or below the normally acceptable noise level standard with the project, noise level increases of five (5) dBA CNEL or greater would be considered significant. Overview Appendix G of the CEQA Guidelines states that a proj ect would normally be considered to result in significant noise impacts if noise levels conflict with adopted environmental standards or plans or if noise generated by the proj ect would substantially increase e�sting noise levels at sensitive receivers on a permanent or temporary basis. Based on the applicable noise standards and policies for the site, C'it� of C'upertino 72 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision �08 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts a significant noise impact would result if e�terior noise levels at proposed single-family residential land uses would exceed 65 dBA CNEL or if interior day-night average noise levels would exceed 45 dBA CNEL. Noise-producing components of the proj ect that would expose sensitive receivers to levels exceeding Municipal Code noise level standards could also result in a significant noise impact. A substantial permanent noise increase would occur if the noise level increase resulting from the project is three dBA CNEL or greater at noise-sensitive receptors, with a future noise level of 60 dBA CNEL or greater. A substantial temporary noise level increase would occur where noise from construction activities exceeds 60 dBA Lzq and the ambient noise environment by at least five dBA Lzq at noise-sensitive uses in the proj ect vicinity for a period of one year or more. 4.12.2.1 Noise Imp�ccts to the Project Exterior Noise Impacts According to the 2020 noise contours identified in the City's General Plan, noise levels on the site would exceed 60 dBA CNEL. The project, therefore, would expose people to noise levels in excess of the acceptable noise levels identified in the City's General Plan. Traffic on McClellan Road would continue to be the dominant source of noise affecting the proj ect site. Noise levels in excess of 60 dBA CNEL would e�tend appro�mately halfway through Parcel A if unobstructed by buildings on the site. The future e�terior noise environment at the project site would exceed the"normally acceptable" noise level of 60 dBA CNEL, but would fall within the"conditionally acceptable" category (up to 70 dBA CNEL) for single-family residential uses. Based on the conceptual building plan (refer to Figure 3.2-1), e�terior noise levels in the private yards of the proposed lots would only exceed 60 dBA CNEL on Parcel A. Impact NOI-1: Based on the City's General Plan noise contours, e�terior noise levels in the private yard of Parcel A would exceed the normally acceptable noise level of 60 dBA CNEL. (Significant Impact) Mitigation Measures: As a condition of approval,the project applicant shall be responsible for implementing the following mitigation measures to reduce e�terior noise impacts: MM NOI-1.1: Development on Parcel A shall incorporate solid fencing(e.g. high quality wood fencing with no spaces) for the rear yard to reduce noise from McClellan Road. Shielding provided by the residence and incorporation of solid fencing on Parcel A would ensure the rear yard provides e�terior open space that meets the City's General Plan. (Less Than Significant Impact with Mifigation Incorporated) Future Interior Noise Environment According to the 2020 noise contours identified in the City's General Plan, noise levels on the site would exceed 60 dBA CNEL. Residential development located in areas with noise in excess of 60 C'it� of C'upertino 73 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision �09 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts dBA CNEL are conditionally acceptable (refer to Table 4.12-2) with the incorporation of adequate construction methods and features to reduce interior noise levels. Development of a residence on Parcel A would have the greatest exposure to noise levels exceeding 60 dBA CNEL. The City of Cupertino requires that interior noise levels within new residential units be maintained at or below 45 dBA CNEL. In buildings of typical construction, with the windows partially open, interior noise levels are generally 15 dBA lower than e�terior noise levels. With the windows maintained closed, standard residential construction typically provides appro�mately 20 to 25 decibels of noise reduction. For example, a unit exposed to e�terior noise levels of 62 dBA CNEL would be 47 dBA CNEL inside with the windows partially open and 42 to 37 dBA CNEL with the windows closed. Without the incorporation of forced-air mechanical ventilation interior noise levels would continue to exceed the ma�mum allowable interior sound level of 45 dBA CNEL inside the residences constructed on the site. Attaining the necessary noise reduction from e�terior to interior spaces is possible with proper wall construction techniques, the selections of proper windows and doors, and the incorporation of a forced-air mechanical ventilation system to allow the occupant the option of controlling noise by closing the windows. Impact NOI—2: E�terior noise levels are above 60 dBA CNEL at Parcel A which exceeds the City's normally acceptable noise level standard for residential development. (Significant Impact) Mitigation Measures: As a condition of approval,the project applicant shall be responsible for implementing the following mitigation measures to reduce interior noise impacts: MM NOI—2.1: Provide a suitable form of forced-air mechanical ventilation, as determined by the Director of Community Development, for units throughout the site, so that windows could be kept closed at the occupant's discretion to control noise and achieve the 45 dBA CNEL interior noise standard. (Less Than Significant Impact with Mitigation Incorporated) 4.12.2.2 Noise Imp�ccts From the Project Project-Generated Traffic Noise A doubling of traffic volumes on a roadway is required to increase noise levels by three(3) dBA. Given the slight increase in traffic (18 a�erage daily trips)resulting from the project and e�sting traffic volumes, noise levels in the project area would not be impacted by the proposed development. (Less Than Significant Impact) Construction-Related Noise Noise impacts resulting from construction depend on the noise generated by various pieces of construction equipment, the timing and duration of noise generating activities, and the distance between construction noise sources and noise sensitive areas. Construction noise impacts primarily result when construction activities occur during noise-sensitive times of the day (e.g., early morning, C'it� of C'upertino 74 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 110 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts evening, or nighttime hours), the construction occurs in areas immediately adjoining noise sensitive land uses, or when construction lasts over e�tended periods of time. Construction activities generate considerable amounts of noise, especially during earth moving activities when hea�y equipment is used. The highest maximum noise levels generated by proj ect construction would typically range from about 90 to 95 dBA at a distance of 50 feet from the noise source. Typical hourly a�erage construction generated noise levels are about 81 dBA to 88 dBA measured at a distance of 50 feet from the center of the site during busy construction periods (e.g., earth moving equipment, impact tools, etc.). Construction generated noise levels drop off at a rate of about six(6) dBA per doubling of distance between the source and receptor. Shielding by buildings or terrain often result in lower construction noise levels at distant receptors. The Municipal Code allows construction and demolition activities 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. The proj ect would require the demolition of two residences and associated structures. Remediation work on the site would also require the removal of 0.5 to 1.5 feet of topsoil from contaminated areas of the site and the importation of clean fill. Following site grading, construction activities are anticipated to include the installation of underground utilities, construction of residential foundations, building shell construction, interior finishing, and landscaping. The proj ect is anticipated to require a few months to demolish the existing development on the site and complete soil remediation and grading prior to construction of the proposed buildings. All e�terior site preparation and construction would be completed within 12 months, and once construction moves indoors, minimal noise would be generated at off-site locations. Noise generated by construction activities would temporarily elevate noise levels at adjacent noise sensitive receptors, including adj acent residences and the quasi-public uses west of the site. Given the pro�mity of residences to the site, construction noise levels could exceed one or both of the exemption criteria of 1)no individual device produces a noise level more than 87 dBA at a distance of 25 feet or 2)noise level on any nearby property does not exceed 80 dBA (Municipal Code Section 10.48.053). Impact NOI—3: Construction of the proposed proj ect would result in temporary construction- related noise impacts. (Significant Impact) Mitigation Measures: As a condition of approval,the project applicant shall be responsible for implementing the following mitigation measures to reduce construction-related noise impacts: MM NOI—3.1: Pursuant to the Municipal Code (Section 10.48.053), noise-generating activities shall be restricted at the construction site to daytime hours only. C'it� of C'upertino 7� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 111 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Construction within 750 feet of residences shall be prohibited on Saturdays, Sundays, holidays. MM NOI—3.2: All construction equipment shall conform to the following standards: 1)no individual device produces a noise level more than 87 dBA at a distance of 25 feet; or 2)the noise level on any nearby property does not exceed eighty dBA (Cupertino Municipal Code Section 10.48.053). MM NOI—3.3: Equip all internal combustion engine driven equipment with intalce and e�aust mufflers that are in good condition and appropriate for the equipment. MM NOI—3.4: Avoid the unnecessary idling of equipment and stage construction equipment as far as reasonable from residences adjacent to the site (preferably more than 200 feet from these residences). MM NOI—3.5: Stationary noise generating equipment such as air compressors or portable power generators shall be located as far as possible from sensitive receptors. MM NOI—3.6: Temporary noise barriers shall be constructed to screen stationary noise generating equipment when located near adjoining sensitive land uses. MM NOI—3.7: "Quiet" air compressors and other stationary noise sources shall be utilized by contractors where technology e�sts. MM NOI—3.8: Noise from construction worlcers' radios shall be controlled to a point that it is not audible at e�sting residences bordering the project site. MM NOI—3.9: The contractor shall prepare and submit to the City for approval a detailed construction plan identifying the schedule for major noise-generating construction activities. MM NOI—3.10: Notify all adj acent businesses, residences, and other noise-sensitive land uses of the construction schedule in writing. MM NOI—3.11: A"disturbance coordinator" who would be responsible for responding to any local complaints about construction noise shall be designated by the proj ect applicant. The disturbance coordinator will determine the cause of the noise complaint(e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented. The telephone number for the disturbance coordinator shall be conspicuously posted at the construction site and included in notices sent to neighbors regarding the construction schedule. Cin�of Cupertino 76 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision � �2 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Limiting construction hours would avoid potential impacts to sleep disturbance during nighttime hours. Limits on vehicle idling and using equipment with appropriately functioning mufflers would reduce or a�oid substantially elevated construction noise levels. Froviding for a construction noise coordinator responsible for responding to noise complaints and tal�ing corrective actions, if necessary, would further reduce possible construction noise impacts to nearby residential uses. Providing advance information to residents creates opportunities for the scheduling of activities, whereby interference due to construction noise can be minimized or a�oided. (Less Than Significant Impact with Mitigation Incorporated) 4.12.3 Conclusion Impact NOI— 1: The proposed project, with the implementation of mitigation measure MM NOI— 1.1, would not result in significant e�terior noise impacts to the proposed residential uses. (Less Than Significant Impact with Mitigation Incorporated) Impact NOI—2: The proposed project, with the implementation of mitigation measure MM NOI—2.1, would not result in significant interior noise impacts to the proposed residential uses. (Less Than Significant Impact with Mitigation Incorporated) Impact NOI—3: Construction of the proposed proj ect, with the implementation of mitigation measures MM NOI—3.1 to MM NOI—3.11, would not result in significant short-term construction-related noise impacts. (Less Than Significant Impact with Mifigation Incorporated) Cin�of Cupertino 77 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 113 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.13 POPULATION AND HOUSING 4.13.1 Setting Based on information from the California Department of Finance, the City of Cupertino population was estimated to be appro�mately 59,022 in 2012.i' The a�erage number of persons per household in Cupertino in 2010 was 2.87.ig Appro�mately 31,060 jobs were provided within the City of Cupertino's Sphere of Influence in 2005, and the Association of Bay Area Governments (ABAG)Projections 2009 shows a projected increase to 33,340 jobs by the year 2020. The General Plan does not allocate additional residential development to this area of the City. The General Plan; however, does allow for reallocation of development capacity from one area of the City to another if no significant environmental impacts are identified. 4.13.2 Population and Housing Impacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Induce substantial population gro�vth in an ❑ ❑ � ❑ 1,2 area,either directl� (for eiainple, b� proposing ne�v homes and businesses)or indirectl��(for eiample,through eitension of roads or other infrastructure)? 2. Displace substantial numbers of eiisting ❑ ❑ � ❑ 1,2 housing,necessitating the construction of replacement housing else�vhere? 3. Displace substantial numbers of people, ❑ ❑ � ❑ 1,2 necessitating the construction of replacement housing else�vhere? i�State of California,Deparhment of Finance.E-1 Popzr7atio�r Estzrixates for C'itzes, C'ozr�rtzes a�rd the State with_��r�rzra7Perce�rt C'ha�rge .Ianrrary 1, 2011 a�rd 2012.Mav 2012. Available at <http://��-��.dot.ca.Qoe/research/demo Qranhic/reports/estimates/e-1/eie��.php> is U.S.Census Bureau"American Fact Finder". Proft7e of Ge�rera7Popzrintzo�r a�rd Hozrsi�rg C'haracteristics:2010,for the C'ity of C'zrperti�ro. Accessed April�,2013. Available at <http://fact�mder2.census.�oe/faces/tablesereices/isf/pa�es/productvie��.lhtml?pid=DEC 10 AIAN AIANDPI&prodT��pe=tabl e> Cin�of Cupertino 78 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 114 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.13.2.1 Groivth In�lucement Imp�ccts The proj ect site is located within the incorporated limits of the City of Cupertino and redevelopment of the proj ect site would not result in an expansion of urban services or the pressure to expand beyond the City's e�sting Sphere of Influence. As discussed above, the General Plan sets forth development allocations for residential uses for different areas of the City. The project site is not located in an area specifically allocated additional residential development capacity in the General Plan. The General Plan also allows for reallocation of development capacity between geographical areas of the City. The project site currently contains two residences which if replaced with the proposed three single-family residences would only require the reallocation of one dwelling unit to the project site. The proj ect proposes to allow redevelopment of the site with three new single-family residences. Conservatively using U.S. Census estimates of 2.87 residents per household in Cupertino, the project would result in a population increase of appro�mately two to eight residents on the site. The population growth associated with redevelopment of the site would not induce significant unplanned growth in housing within the City. (Less Than Significant Impact) 4.13.2.2 Housing Displ�ccement Imp�ccts The project would result in the demolition of two existing residences and replacement with three residences. The project would not displace substantial numbers of people or housing. (Less Than Significant Impact) 4.13.3 Conclusion The proj ect would not result in substantial growth inducement or impacts to e�sting housing supply. (Less Than Significant Impact) Cin�of Cupertino 79 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 115 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.14 PUBLIC SERVICES 4.14.1 Setting 4.14.1.1 Fire Serviee Fire safety and protection is provided by the Santa Clara County Fire Department, which also serves unincorporated Santa Clara County and the communities of Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill and Saratoga. The Santa Clara County Fire Department serves a total area of appro�mately 100 square miles and a population of over 226,000 persons. The Santa Clara County Fire Department has 17 fire stations, an administrative headquarters, a maintenance facility, five other support facilities, and more than 100 vehicles. The Department employs 283 personnel to provide fire suppression, emergency medical and fire marshal services,hazardous materials regulation and response, rescue and e�trication, public education and fire investigation services. The Department's suppression force is also augmented by volunteer firefighters.i� There are three fire stations located in the City of Cupertino: 1) Cupertino Fire Station No. 1 is located at 20215 Stevens Creelc Boulevard, 2)Monta Vista Fire Station No. 7 is located at 22620 Stevens Creek Boulevard, and 3) Seven Springs Fire Station No. 2 is located at 21000 Seven Springs Parlcway. The Cupertino Fire Station is located appro�mately 1.1 miles northeast of the project site and would be the first to respond to any emergencies. 4.14.1.2 Police Service Public safety services are provided by the Santa Clara County Sheriff's Office. The Santa Clara County Sheriff's Office serves the communities of Cupertino, Los Altos Hills, Saratoga, and the unincorporated areas of the Santa Clara County. The Sheriff's Office serves a population of appro�mately 197,700 persons and has 1,429 sworn personnel. There are twenty-eight deputies allocated to the City of Cupertino.'0 The Santa Clara County Sheriff's West Valley Division, which is located at 1601 South De Anza Boulevard, provides law enforcement services to the residents of Cupertino. 4.14.1.3 Schools The proj ect site is located within the Cupertino Union Elementary School District and the Fremont Union High School District. Students in the proj ect area may attend Faria Elementary School, Lawson Middle School, and Monta Vista High School. 19 Cin�of Cupeitino. "Fue: Santa Clara Counn�Fu�e Deparhment About Counn�Fue". Accessed April�,2013. Available at < http://��-��-��.cupertino.orQ/indez.aspz?�a�e=36>> ="C'iri of C'upertuio. "Sheriffs Office West Valle� Division". Accessed April�.2013. A�ailable at: <htt�://��.cu�ertino.or<./indes.as�s?�<�e=364> Cin�of Cupertino 80 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 116 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.14.1.4 P�crks Residents of Cupertino are served by regional and community park facilities, including regional open space, community and neighborhood parlcs, playing fields and trails. Examples of regional facilities include Rancho San Antonio and Stevens Creelc County Parlcs and Fremont Older Open Space Preserve managed by the Midpeninsula Open Space District.'i The City of Cupertino's neighborhood parlcs system serves the active and passive recreational needs of its residents. The City of Cupertino's parl�land is comprised of 12 neighborhood parlcs and four special purpose parlcs (Memorial Parlc, McClellan Ranch Parlc, Blacicberry Farm and Creelcside Parlc)." The City's General Plan Parlc Acreage Policy (Policy 2-74) states that the City should provide parl�land equal to a minimum of three acres for every 1,000 residents. In addition, Policy 2- 75 states that the each household should be within a 0.5-mile wallc of a neighborhood parlc or community parlc with neighborhood facilities, and that the route is reasonably free of physical barriers, including streets with hea�y traffic. Jollyman Parlc is located appro�mately 0.5 mile wall�ing distance south of the site. 4.14.2 Public Services Imuacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated 1. Would the project result in substantial ad�erse ph��sical impacts associated�vith the pro�ision of ne�v or ph��sicall��altered go�ernmental facilities,the need for ne�v or ph��sicall��altered go�ernmental facilities, the construction of�vhich could cause significant en�ironmental impacts,in order to maintain acceptable ser�ice ratios, response times or other performance objecti�es for an��of the public ser�ices: Fire Protection? ❑ ❑ � ❑ 1 Police Protection? ❑ ❑ � ❑ 1 Schools? ❑ ❑ � ❑ 1 Parlcs? ❑ ❑ � ❑ 1 Other Public Facilities? ❑ ❑ ❑ � 1 'i Cin�of Cupertino. Ge�rera7P7a�r 2000-2020. Figure 2-H. ==C'it� of C'upertulo General P1�u12000-2020�uld C'it� of C'upertulo. "C'it� P�uks". Accessed April�.2013. Available at: <http�//��-��-��.cupertino.orQ/indez.aspz?�a�e=�91> Cin�of Cupertino 81 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision � �7 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.14.2.1 Fire�cn�l Police Services The proj ect site is located within an urbanized area of Cupertino that is served by the Santa Clara County Fire Department and the Santa Clara County Sheriff's Office. The proposed residences would be constructed in conformance with the appropriate Fire and Building Codes to reduce fire risk. The City requires smoke alarms in new residential development to further reduce fire rislc. Development of the proposed project would intensify the use of the project site in comparison to e�sting conditions, which may incrementally increase the number of calls for fire and police services, including medical calls. Additional service demands generated by the proposed project, however, would not require construction of additional fire or police facilities. (Less Than Significant Impact) 4.14.2.2 Schools The proj ect would allow development of three single-family residences that would generate appro�mately one elementary student.'' The proj ect site is located within the Cupertino Union School District and the Fremont Union High School District. Students in the project area may attend Faria Elementary School, Lawson Middle School, and Monta Vista High School. The demand for housing in the Cupertino Union School District and in the Monta Vista High attendance area is very high. The number of students generated from the project is relatively small and would not result in substantial individual effects on school capacity. In accordance with California Government Code Section 65996, the developer shall pay a school impact fee to the Cupertino Union Elementary School District and the Fremont Union High School District to offset the increased demands on school facilities caused by the proposed project. The School Impact Fee program is considered under state law as an acceptable method of offsetting a project's effect on the adequacy of school facilities, with the individual school districts responsible for implementing school facilities improvements. The proposed project would generate new students in the local school districts. As described above, the school impact fees and property tax paid by the project would cover the cost of facility improvements and operating cost for the project-generated students. The project, therefore, would not result in a significant impact to school facilities. (Less Than Significant Impact) 4.14.2.3 P�crks The proposed residential lots are each appro�mately one-fifth acre which would allow for private open space in rear yards. No new public parldand or recreational facilities are proposed as a part of the proj ect. '3 Schoolhouse Seivices. E�rro77rixe�rt a�rd Fisca7lrixpact_��ra7ysis 20030 Steve�rs C'reekProject. Januaiv 2012. Tables 1 &2. C'it� of C'upertino 82 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision � �8 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Future residents of the site would use existing recreational facilities in the area. The project site has one parlc(Jollyman Parlc)within a 0.5-mile wallc for future residents. The redevelopment of the site with three residences would incrementally increase the use of e�sting recreational facilities in the area. The proposed lot sizes allow for substantial private open space on the site which would partially offset the need for additional neighborhood parlcs to serve the project and would also reduce and a�oid physical impacts to e�sting public gathering places in neighborhood parlcs. The proposed project shall be required to comply with the City's Municipal Code regarding parl�land dedication and/or payment of in-lieu fees to reduce impacts to parks facilities in the City. In conformance with standard practices in the City of Cupertino, the proposed project shall implement the following standard measure to reduce parlc impacts: Condition PF-1.1: The proj ect shall comply with the Municipal Code requirements for parl�land dedication and/or payment of in-lieu fees (Section 18.24.060). With implementation of the City's parl�land dedication requirements, it is unlilcely that the incremental increase in use from residential development allowed and planned for in the City's General Plan will cause significant physical deterioration of existing parlc facilities or require construction of new facilities. (Less Than Significant Impact) 4.14.3 Conclusion The proposed project, with the implementation of the above condition of approval, would not result in significant impacts to public services. (Less Than Significant Impact) C'it� of C'upertino 83 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision � �9 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.15 RECREATION 4.15.1 Setting The City of Cupertino is served by appro�mately 162 acres of parl�land, including neighborhood parks, community parks, and school playing fields. The Parks and Recreation Department manages leisure services facilities including Quinlan Community Center, Cupertino Sports Center, Monta Vista Recreation Center, Cupertino Senior Center, and Blacicberry Farm. The Department of Parlcs and Recreation is responsible for parlc planning and development, and a comprehensive leisure program for the City. The City's Policy 2-74, states that the City should provide parl�land equal to a minimum of three acres for every 1,000 residents. Policy 2-75 states that the each household should be within a 0.5-mile wallc of a neighborhood parlc or community parlc with neighborhood facilities, and that the route is reasonably free of physical barriers, including streets with heavy traffic. As discussed in Section 4.14 Public Services, Jollyman Parlc is located appro�mately a 0.5-mile wall�ing distance south of the site. 4.15.2 Recreation Imuacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated 1. Would the project increase the use of ❑ ❑ � ❑ 1,2 eiisting neighborhood and regional parlcs or other recreational facilities such that substantial ph��sical deterioration of the facili��vill occur or be accelerated? 2. Does the project include recreational ❑ ❑ � ❑ 1,2 facilities or require the construction or eipansion of recreational facilities�vhich might ha�e an ad�erse ph��sical effect on the en�ironment? The proposed residential lots are each appro�mately one-fifth acre which would allow for private open space in rear yards. No new public parldand or recreational facilities are proposed as a part of the proj ect. Future residents of the site would use existing recreational facilities in the area. The project site has one parlc(Jollyman Parlc)within a 0.5-mile wallc for future residents. The redevelopment of the site with three residences would incrementally increase the use of e�sting recreational facilities in the area. C'it� of C'upertino 84 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision ,�20 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts The proposed lot sizes allow for substantial private open space on the site which would partially offset the need for additional neighborhood parlcs to serve the project and would also reduce and a�oid physical impacts to e�sting public gathering places in neighborhood parlcs. The proposed open space and the project's compliance with the City's parl�land dedication/payment of in-lieu fees (refer to Section 4.14 Public Services)would offset substantial recreational impacts. (Less Than Significant Impact) 4.15.3 Conclusion The proposed project would not result in significant recreation impacts. (Less Than Significant Impact) C'it� of C'upertino 8� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision �2� Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.16 TRANSPORTATION 4.16.1 Setting 4.16.1.1 Existing C'on�litions Roadway Network The roadway networlc serving the proj ect site is described below. Regional Access Interstate 280 (I-280�is a north/south freeway that e�tends from US 101 in San Jose to I-80 in San Francisco. It is generally an east/west oriented eight-lane freeway within the City of Cupertino. I-280 provides access to the project site via a full interchange at North De Anza Boulevard. State Route 85 (SR 85�is oriented in a north/south direction with four mixed-flow lanes and two high occupancy vehicle(HOV)lanes. SR 85 provides access to the project site via full interchanges at Stevens Creelc Boulevard and South De Anza Boulevard. Local Access DeAnza Boulevard is a seven-lane north/south major arterial located east of the project site. It e�tends in Cupertino from Homestead Road to Frospect Road. De Anza Boulevard provides access to the site via McClellan Road. Stellin�Road is a four-lane north/south minor collector in the vicinity of the project site. It e�tends in Cupertino from Homestead Road to Frospect Road. Stelling Road provides access to the site via McClellan Road. McClellan Road is a two-lane east/west minor collector e�tending from Foothill Boulevard to DeAnza Boulevard. McClellan Road provides direct access to the project site. Pedestrian and Bicycle Facilities In the proj ect vicinity, pedestrian facilities include sidewallcs on the north side of McClellan Road and on the south side of McClellan Road with the exception of appro�mately 170 feet along the street frontage of the project site and directly adjoining properties to the east and west. Pedestrian signals are present at the intersections of McClellan Road with DeAnza Boulevard and Stelling Road. Bicycle facilities in the site vicinity include bilce lanes on both sides of Stelling Road and De Anza Boulevard. No bike lanes are currently planned for this section of McClellan Road but are located on this roadway west of Stelling Road.'`� =�Bil.e paths(C'lass 1 facilities)�ue path��a�s,sep�uate fi-om road��a�s that are designated for use b� bic�cles.Often,these path��a�s also allo��pedestri�ui access. Bil.e lanes(C'lass 2 facilities)�ue lanes on road��°a�s designated for u5e b� bic�cles��ith Cin�of Cupertino 86 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision ,�22 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts Transit Service The Santa Clara Valley Transportation Authority (VTA) operates bus service in Santa Clara County. The local bus routes serving the proj ect site on McClellan Road are described below. Route 25 provides bus service between DeAnza College and the Alum Rock LRT Station in San Jose. The hours of operation are from 6:00 AM to 10:15 PM with 30-to 60- minute headways on weelcdays. On weelcends, this route operates on 30-to 60-minute headways between 7:45 AM and 7:15 PM. Route 53 provides bus service between the Sunnyvale Transit Center in Sunnyvale and West Valley College in Saratoga. The hours of operation are from 7:00 AM to 7:00 PM with 30-to 60- minute headways on weelcdays. Route 55 provides bus service between DeAnza College and the Old Ironsides LRT Station in Santa Clara. The hours of operation are from 5:45 AM to 10:15 PM with 25-to 60-minute headways on weekdays. On weekends, this route operates on 60-to 90-minute headways between 8:15 AM and 9:15 PM. Route 323 provides bus service between DeAnza College and Downtown San Jose. The hours of operation are from 6:40 AM to 7:00 PM with 15-to 20- minute headways on weelcdays. 4.16.2 Transuortation Imuacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Conflict�vith an applicable plan,ordinance ❑ ❑ � ❑ 1,2 or polic��establishing measures of effecti�eness for the performance of the circulation s��stem,talcing into account all modes of transportation including mass transit and non-motorized tra�e1 and rele�ant components of the circulation s��stem,including but not limited to intersections, streets,high�va��s and free�va��s,pedestrian and bic��cle paths, and mass transit? special l�ule m�ukulgs,paveinent legends.�uld signage. Bike routes(C'lass 3)are e�istulg right-of-��a�s that acconunodate bic�cles but�ue not separate fi-oin the e�isting tr-avel lanes.RouteS are t�picall� designated onl� ��ith signs. Cin�of Cupertino 87 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision �23 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 2. Conflict�vith an applicable congestion ❑ ❑ � ❑ 1 management program,including, but not limited to le�e1 of ser�ice standards and tra�e1 demand measures,or other standards established b��the coun��congestion management agenc��for designated roads or high�va�s? 3. Result in a change in air traffic patterns, ❑ ❑ ❑ � 1 including either an increase in traffic le�els or a change in location that results in substantial safe��rislcs? 4. Substantiall��increase hazards due to a ❑ ❑ ❑ � 1 design feature(e.g., sharp cur�es or dangerous intersections)or incompatible land uses (e.g.,farm equipment)? �. Result in inadequate emergenc� access? ❑ ❑ ❑ � 1 6. Conflict�vith adopted policies,plans,or ❑ ❑ ❑ � 1,2 programs regarding public transit, bic��cle, or pedestrian facilities,or other�vise decrease the performance or safe��of such facilities? 4.16.2.1 Intersection Level of Service The proposed single-family residences would result in appro�mately 18 average daily trips.'' The project would result in fewer than 100 new pealc hour trips, and per the Santa Clara Valley Transportation Authority (VTA) Congestion Management Frogram Transportation Impact Analysis G��idelines, such a project is assumed to result in a less than significant traffic impact and a transportation impact analysis is not required. (Less Than Significant Impact) 4.16.2.3 Other Tr�cnsport�ction Issues The proj ect does not include any design features that would substantially increase traffic hazards in the area. The project will provide adequate emergency vehicle access to the residential uses on the site. The project will dedicate a 30-foot right-of-way along the site frontage to provide sidewallcs and, therefore, would not conflict with any policies, plans, or programs to encourage alternative transportation programs. (No Impact) '�Institute of Transportafion Engineers. Trip Ge�reratio�r, 8'�'Editzo�r. 2008. Cin�of Cupertino 88 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision �24 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.16.3 Conclusion The proposed project would not generate substantial amounts of traffic at intersections in the project vicinity nor would it create design hazards or conflict with alternative transportation programs and, therefore, would not result in any significant transportation impacts. (Less Than Significant Impact) Cin�of Cupertino 89 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision �25 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.17 UTILITIES AND SERVICE SYSTEMS 4.17.1 Setting 4.17.1.1 W�cter Water service to the project site is supplied by the San Jose Water Company, which also maintains the water system. San Jose Water Company (SJWC) serves appro�mately 139 square miles of the Santa Clara Valley, including most of San Jose, most of Cupertino, the entire cities of Campbell, Monte Sereno, Saratoga, the Town of Los Gatos, and parts of unincorporated Santa Clara County. SJWC relies on groundwater, imported treated water, and local surface water for its potable water supply. In 2010, SJWC received appro�mately 39 percent of its water supply from groundwater, 50 percent from imported treated water, and 12 percent from local surface water.'� Water supplies from SCVWD come from local runoff and water imports from both the Federal Central Valley Project and the California State Water Project. In 2010, SJWC delivered 133,066 acre-feet of water per year(AFY) which is expected to increase to 159,479 by 2035. The project site is served by an e�sting six-inch water line in McClellan Road. The two residences on the site are estimated to use 500 gallons of water per day.'' 4.17.1.2 Storm Dr�cin�cge The City's storm drain system is made up of underground pipelines. These pipes carry surface runoff from streets to prevent flooding. Runoff(stormwater and runoff from landscape irrigation and other urban sources) enters the system at the grated catch basins found along the curb near street intersections. Water from these pipes is discharged, untreated, directly into City creelcs. The project site is served by a 12-inch storm drain line located in McClellan Road. 4.17.1.3 W�csteiv�cter/S�cnit�cry Se�ver.System The Cupertino Sanitary District provides sewer service to the project site. The Cupertino Sanitary District collects and transports wastewater to the San Jose/Santa Clara Water Pollution Control Plant (WPCP)located in north San Jose. The District purchases water treatment capacity from the plant and has purchased 7.85 million gallons per day of capacity.'g Appro�mately 5 million gallons of wastewater a day is generated within the Cupertino Sanitary District and conveyed to the WPCP.'� The City is well below their allotted capacity at the WPCP. The project site is served by a 10-inch '6 San Jose Water Compan��. 2010 Urbm� Ti'ater lla�ragerixe�rtP7a�r. Apri12011. = (_)berg.Jolul. C'it� of San Jose. "Re: ��ater lules." E-mail to David J.Po��ers and Associates.Inc. 4 Febru�u� 2004. =s C'it� of Milpitas. "Agreeinent for Treahnent Plant C'apacit� Ti��ulsfei".2009. Accessed:April 8.2013. A�ailable at: <http://��-��-��.ci.milpitas.ca Qoe%dfs/counciU2009/010609/item_17.pdf> '9 Cupeitino Sanitaiv DisTiict. 2009 Annual Report. Cin�of Cupertino 90 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision �26 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts sanitary sewer line in McClellan Road. E�sting development on the site is estimated to discharge appro�mately 425 gallons of sewage per day.'0 4.17.1.4 Soli�l W�cste Commercial and residential garbage and recycling services in the project area are provided by the Los Altos Garbage Company. Solid waste collected from the City is delivered to Newby Island Sanitary Landfi1L Many types of recyclable materials are also delivered to the Sunnyvale Materials Recovery Station (SMART Station)for recycling. As of December 2011, Newby Island Sanitary Landfill (1�]ISL)had appro�mately 6.3 million cubic yards of capacity remaining.'i°'' The City has a contract with Newby Island Landfill until the year 2023, or until the cumulative tonnage delivered equals 2.05 million tons. Since the City's contract with Newby Island, the City has delivered a total of appro�mately 1.4 million tons of waste to the landfill. The City generates appro�mately 31,500 tons of solid waste ayear." The two residences on the project site are estimated to generate 8,928 pounds of solid waste annually.'`� 4.17.2 Utilities and Service Svstem Imuacts L,ess Than Potentiallv Significant L,ess Than Significant �'ith Significant No I�npact Checklist I�npact n-litigation I�npact Source(s) Incorporated Would the project: 1. Eiceed�vaste�vater treatment requirements ❑ ❑ � ❑ 1 of the applicable Regional Water Quali�� Control Board? 2. Require or result in the construction of ne�v ❑ ❑ � ❑ 1 �vater or�vaste�vater treatment facilities or eipansion of eiisting facilities,the construction of�vhich could cause significant en�ironmental effects? 3. Require or result in the construction of ne�v ❑ ❑ � ❑ 1 storm�vater drainage facilities or eipansion of eiisting facilities,the construction of �vhich could cause significant en�ironmental effects? '0(_)berg.Jolul. C'it� of San Jose. "Re: ��ater lules." E-mail to David J.Po��ers and Associates.Inc. 4 Februai-� 2004. '1 King.Rick.Peisonal conununications��ith NISL General Manager.Febru�u� 2012. '=Note the C'iri of San Jose approved a height e�p�uision at Ne��b� Island Saiutai-� Landfill in August 2012.��hich��ould add appro�unatel� 1�million cubic�ards to the capacit� of the l�uidfill. "The estimate amlual tomlage of solid��aste generated b� the C'it� is based on an average of 2009-2011. Source: Kulg.Rick. Peisonal conununications��ith NISL General M�ulager. Februai-� 2012. '�C'a1Rec�cle. "Residential Developinents:Estunated Solid Waste Generation Rates". Januai-� 16.2013. Accessed Apri19. 2013. Available at <htt�://��-��-��.calrec��c.le.caQov/��astechar/WasteGenRates/Residential.htm> Based on a solid�vaste generation rate of 12.23 pounds per household per dav. Cin�of Cupertino 91 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision ,�27 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts L,ess Than Potentiallv Significant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated Would the project: 4. Ha�e sufficient�vater supplies a�ailable to ❑ ❑ � ❑ 1 ser�e the project from eiisting entitlements and resources,or are ne�v or eipanded entitlements needed? 5. Result in a determination b��the�vaste�vater ❑ ❑ � ❑ 1 treatment pro�ider�vhich ser�es or ma�� ser�e the project that it has adequate capaci��to ser�e the project's projected demand in addition to the pro�ider's eiisting commitments? 6. Be ser�ed b��a landfill�vith sufficient ❑ ❑ � ❑ 1 permitted capaci��to accommodate the project's solid�vaste disposal needs? 7. Compl��vith federal, state and local statutes ❑ ❑ � ❑ 1 and regulations related to solid�vaste? 4.17.2.1 W�cter Service�cn�l Supply Based on the 2010 Urban Water Management Plan adopted by San Jose Water Company in April 2011, water demand in their service area is expected to increase by appro�mately 20 percent. The project would increase water use on the site to appro�mately 750 gallons of water per day if no efficiency measures were incorporated into the project. The project will be constructed to meet CalGreen Building Code standards which include the incorporation of efficient plumbing fi�tures and irrigation controls to reduce water use on the site. The project, therefore, would not substantially increase water demand to the e�tent that new entitlements and sources of water would be required. (Less Than Significant Impact) 4.17.2.2 Storm Dr�cin�cge The proposed project may slightly increase the rate of stormwater runoff from the site. As described in Section 4.9 Hydrology and Water Quality, the project would be required to incorporate Low Impact Development(LID) stormwater treatment measures and, therefore, would not substantially increase runoff from the project site or exceed the capacity of the City's e�sting storm drainage system. (Less Than Significant Impact) 4.17.2.3 W�csteiv�cter/S�cnit�cry Seiver.System As described previously, the City is well below its allotment for wastewater treatment at the WPCP. The Cupertino Sanitary District,therefore, has adequate wastewater treatment capacity for the proposed project. C'it� of C'upertino �)2 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision �28 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts The project is estimated to generate sewage of 638 gallons per day.'' Given the e�sting residential uses on the site, this quantity of sewage represents a slight increase over e�sting conditions. The e�sting sanitary sewer system is anticipated to ha�e adequate capacity to serve the project. (Less Than Significant Impact) 4.17.2.4 Soli�l W�cste The proposed project is estimated to generate appro�mately 13,392 pounds of garbage per year.'� Based on the project's estimated annual waste generation,the City's annual waste generation, and the City's remaining allocation at Newby Island Sanitary Landfill, there is sufficient capacity within the City's contract with Newby Island and at the landfill to serve the proposed project. (Less Than Significant Impact) 4.17.3 Conclusion The utilities and service systems currently available are adequate to serve the net increase in residential uses on the project site. (Less Than Significant Impact) ''(_)berg.Jolul. C'it� of San Jose. "Re: ��ater lules." E-mail to David J.Po��ers and Associates.Inc. 4 Febru�u� 2004. Based on se��age generation rates 8�percent of��ater use '�C'a1Rec�cle. "Residential Developinents:Estunated Solid Waste Generation Rates". Januai-� 16.2013. Accessed Apri19. 2013. Availableat <htt�://��.calrec�cle.ca.<.ov/��astechar/WasteGei�ates/Kesidential.htm> Based on a solid�vaste generation rate of 12.23 pounds per household per dav. C'it� of C'upertino 93 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision �29 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.18 MANDATORY FINDINGS OF SIGNIFICANCE L,ess Than Potentiallv Si�ificant L,ess Than Checklist Significant �'ith Significant No I�npact I�npact n-litigation I�npact Source(s) Incorporated 1. Does the project ha�e the potential to ❑ � ❑ ❑ p. 13-93 degrade the quali��of the en�ironment, substantiallv reduce the habitat of a fish or �vildlife species,cause a fish or�vildlife population to drop belo�v self-sustaining le�els,threaten to eliminate a plant or animal communi��,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important eiamples of the major periods of California histon�or prehiston�? 2. Does the project ha�e impacts that are ❑ ❑ ❑ � p. 13-93 indi�iduall��limited, but cumulati�e1�� considerable? (`Cumulati�el��considerable" means that the incremental effects of a project are considerable�vhen�ie�ved in connection�vith the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 3. Does the project ha�e the potential to ❑ � ❑ ❑ p. 13-93 achie�e short-term en�ironmental goals to the disad�antage of long-term en�ironmental goals? 4. Does the project ha�e en�ironmental effects ❑ ❑ ❑ � p. 13-93 �vhich�vill cause substantial ad�erse effects on human beings,either directl��or indirectiv? 4.18.1 Proiect and Cumulative Imuacts The project includes mitigation measures to avoid or reduce biological resources, cultural resources, hazardous materials, and noise impacts to a less than significant level. As described in the respective sections of this Initial Study, the proposed project would not result in other significant environmental impacts or substantially adversely affect human beings directly or indirectly (refer to Section 4.0 Environmental Setting, Checl�list, and Discussion of Impacts on pages 13 —93 of this Initial Study). The proj ect would allow construction of three residences on the site (a net increase of one residence) which would not result in a cumulatively considerable contribution to any cumulative impact that may occur from past, present, and reasonably foreseeable future projects. C'it� of C'upertino 94 Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 130 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 4.18.2 Short-Term vs. Long-Term Environmental Goals The proposed project would not achieve any short-term environmental goals to the disadvantage of long-term environmental goals. The project includes measures that would assist the City, region, and state in achieving long-term goals related to air quality and water quality. (Less Than Significant Impact) C'it� of C'upertino 9� Initial Stud� 20840 McC'lell�ul Road Rezonulg�uld Subdivision 131 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts CHECKLIST INFORMATION 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 proj ect plans. 2. City of Cupertino. General Plan. November 2005. 3. California Department of Conservation. Santa Clara Co7�nty Important Farmland 2010. Map. 4. Bay Area Air Quality Management District. Bay Area 2010 Clean Air Plan. September 15, 2010. 5. Bay Area Air Quality Management District. California Environmental�7�ality Act Air �7�ality C'n�idelines. May 2011. 6. Michael L. Bench, Consulting Arborist. An Eval7�ation of the Existing Trees at 208-10 McClellan Road C7�pertino, CA. December 20, 2011. 7. City of Cupertino. M7�nicipal Code. February 19, 2013. 8. Piers Environmental Services, Inc. Phase I Environmental Site Assessment Report for: 208-10 McClellan Road. March 2012. 9. Capex Engineering, Inc. Geotechnical Report Investigation. November 27, 2011. 10. Piers Environmental Services, Inc. Limited Phase II Soil Investigation Report for: 208-10 McClellan Road. July 2012. 11. Piers Environmental Services, Inc. Report ofAdditional Soil Investigation for: 208-10 McClellan Road. August 2012. 12. Piers Environmental Services, Inc. WorkPlan forAdditional Site Characterization for: 208-10 McClellan Road. October 2012. 13. Piers Environmental Services, Inc. S7�mmary Report of Soil Investigations for: 208-10 McClellan Road. November 2012. 14. Piers Environmental Services, Inc. Revised Site Mitigation Plan for: 208-10 McClellan Road. March 2013. 15. Piers Environmental Services, Inc. Investigative Report and Revised Mitigation Plan Ha7�n Property 208-10 MeClellan Road. July 9, 2013. Cin�of Cupertino 96 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision �32 Jul� 2013 Sectio�r=1.0—E�rviro�rrixe�rtal Setti�rg, C'hecklist,a�rd Disczrssio�r oflrixpacts 16. Association of Bay Area Governments, Earthquake and Hazards Program. Wildland Urban Interface Fire Threatened Comm7�nities. July 2009. Accessed April 11, 2013. Available at: <http://�is3.aba�.ca.�ov/Website/Fire Threat W[_]I/viewer.htm> 17. Federal Emergency Management Agency. Flood Ins7�rance Rate Map. Panel 0608�CO208K May 18, 2009. Cin�of Cupertino 97 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 133 Jul� 2013 SECTION 5.0 REFERENCES Association of Bay Area Governments. Bay Area Fa7�lts. Map. 2003.. Association of Bay Area Governments. Dam Fail7�re In7�ndation Hazard Map for C7�pertino. Map. October 20, 2003. Available at: <http://www.aba�.ca.�ov/c�i_bin/pickdamx.pl> Association of Bay Area Governments, Earthquake and Hazards Program. Wildland Urban Interface Fire Threatened Comm7�nities. July 2009. Accessed April 11, 2013. Available at: <http://�is3.aba�.ca.�ov/Website/Fire Threat W[_]I/viewer.htm> Bay Area Air Quality Management District. Bay Area 2010 Clean Air Plan. September 15, 2010. Bay Area Air Quality Management District. California Environmental�7�ality Act Air�7�ality G7�idelines. May 2011. Bay Conservation and Development Commission. Living��ith a Rising Bay: Vi�lnerability and Adaptation in San Francisco Bay and on its Shoreline. 2011. Page 28. Available at: <http://www.bcdc.ca.�ovBPA/Livin�WithRisulgBav.pdf> C. Bruce Hanson. 2010. Paleontological Eval7�ation Report for the Envision San Jose 20-10 General Plan, Santa Clara Co7�nty, Califor�ia. California Department of Conservation. Santa Clara Co7�nty Important Farmland 2010. Map. California Department of Conservation, California Geologic Survey. Seismic Hazard Zones C7�pertino �7�adrangle. Map. September 23, 2002. California Department of Conservation, Division of Mines and Geology. Special St��dies Zones C7�pertino �7�adrangle. Map. July 1, 1974. Capex Engineering, Inc. Geotechnical Report Investigation. November 27, 2011. CalRecycle. "Residential Developments: Estimated Solid Waste Generation Rates". January 16, 2013. Accessed Apri19, 2013. Available at: <http://www.calrecvcle.ca.�ov/wastechar/ WasteGenRates/Residential.htm> City of Cupertino. General Plan. November 2005. City of Cupertino. M7�nicipal Code. February 19, 2013. City of Cupertino. "City Parlcs". Accessed April 5, 2013. Available at: <http://www.cupei�tino.or�/index.aspx?pa�e-591> City of Cupertino. "Fire: Santa Clara County Fire Department About County Fire". Accessed April 5, 2013. Available at: <http://www.cupei�tino.or�/index.aspx?pa�e=365> Cin�of Cupertino 98 Inifial Studv 20840 McC'lellan Road Residential 134 Jul� 2013 Sectio�r 5.0—Refere�rces City of Cupertino. "Sheriffs Office West Valley Division". Accessed April 5, 2013. Available at: <http://www.cupei�tino.or�/index.aspx?pa�e=3 64> City of Milpitas. "Agreement for Treatment Plant Capacity Transfer". 2009. Accessed: April 8. 2013. Available at: <http://www.ci.milpitas.ca.�ov/�dfs/council/2009/010609/item 17.pdf> County of Santa Clara. Geologic Hazard Zones. Map. October 26, 2012. Cupertino Sanitary District. 2009 Annual Report. Federal Emergency Management Agency. Flood Ins7�rance Rate Map. Pane10608�CO208K May 18, 2009. Institute of Transportation Engineers. Trip Generation, 8th Edition. 2008. One Bay Area. " Announcing Draft Plan Bay Area Release, Spring 2013 Meetings and Public Outreach". Accessed Apri14, 2013. Available at: <http://onebavarea.org> Piers Environmental Services, Inc. Investigative Report and Revised Mitigation Plan Ha7�n Property 208-10 McClellan Road. July 9, 2013. Piers Environmental Services, Inc. Limited Phase II Soil Investigation Report for: 208-10 McClellan Road. July 2012. Piers Environmental Services, Inc. Phase I Environmental Site Assessment Report for: 208-10 McClellan Road. March 2012. Piers Environmental Services, Inc. Report ofAdditional Soil Investigation for: 208-10 McClellan Road. August 2012. Piers Environmental Services, Inc. Revised Site Mitigation Plan for: 208-10 McClellan Road. March 2013. Piers Environmental Services, Inc. S7�mmary Report of Soil Investigations for: 208-10 McClellan Road. November 2012. Piers Environmental Services, Inc. WorkPlan forAdditional Site Characterization for: 208-10 McClellan Road. October 2012. San Jose Water Company. 2010 Urban WaterManagementPlan. Apri12011. Santa Clara Valley Urban Runoff Pollution Prevention Program. Hydromodification Management (HM)ApplicabilityMap City of C7�pertino. November 2010. Available at: <http://www.scvur�pp-w2lc.com/HNIl'_app maps/Cupei�tino H1VIl' Ma�pdf> Cin�of Cupertino 99 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 135 Jul� 2013 Sectio�r 5.0—Refere�rces Santa Clara Valley Water District. "West Valley". Accessed April 5, 2013. <http://www.vallevwater.or�/seivices/WestVallev.aspx>. State of California, Department of Finance. E-1 Pop7�lation Estimates for Cities, Co7�nties and the State��ith Ann7�a1 Pereent Change .Ian7�ary 1, 2011 and 2012. May 2012. Available at: <http://www.dof.ca.�ov/resea�cl�/demo�pluc/reports/estimates/e-1/view.php> U.S. Census Bureau. "American Fact Finder". Profile of General Pop7�lation and Ho7�sing Characteristics: 2010,for the City of C7�pertino. Accessed April 5, 2013. Available at: <http://factfinder2.census.�ov/faces/tableservices/jsf/pages/productview.�tml?pid=DEC 10 _AIAN AIANDPI&prodType=table> U.S. Geological Survey. "Freliminary quaternary geologic maps of Santa Clara Valley, Santa Clara, Alameda, and San Mateo counties, California: A digital database". Accessed March 21, 2013. Available at: <http://pubs.usgs.�ov/of/1994/of�4-231/sccomap.pdf> Cin�of Cupertino 100 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision 136 Jul� 2013 SECTION 6.0 LEAD AGENCY AND CONSULTANTS Lead Agency City of Cupertino Community Development Department Aarti Shrivasta�a, Director Gary Chao, Planning Manager Simon Vuong, Assistant Planner Consultants David J. Powers & Associates Environmental Consultants and Planners Nora Monette, Frincipal Froject Manager Will Burns, Proj ect Manager Zach Dill, Graphic Artist Cin�of Cupertino 101 Inifial Studv 20840 McC'lell�ul Road Rezonulg�uld Subdivision �37 Jul� 2013 Attachment 4 CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE August 1, 2013 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on August 1, 2013. PROTECT DESCRIPTION AND LOCATION Application No.: TM-2012-04, Z-2012-01 (EA-2012-04) Applicant: James Chen (Cherryland, LLC) Location: 20840 McClellan Road APN # 359-20-031 DISCRETIONARY ACTION REQUEST Parcel Map to subdivide an existing single family lot into 3 residential lots and 1 common area lot; Re-Zoning of a .96 acre parcel from Single Family Residential (R1-10) to Single Family Residential (R1- 7.5) FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE The Environmental Review Committee recommends the granting of a Mitigated Negative Declaration finding that the project is consistent with the General Plan and is determined to be insignificant. /s/Aarti Shrivastava Aarti Shrivastava Community Development Director �erc/REC EA-2012-04 138 Attachment 5 c�6, �S � l�i a9� �N � 09 �� 9 '/�� c� J� 3�"� < < — — — — — — — — — — — �� — -� — — — — — — — — — — — — a � .9 Um Q I � �^ n � J � � REVISIONS BY � �� . �U JS` � r FN ` J,(�CJ ~ . N rN �^� T h �. � Z J�cJ .�G 11�' 2� m N��W ��1d��`� 0 05/25/12 JC McCLELLAN RO D ( 60' RW/R�1�/ ��5 �6z � 6 0 0�o o �;, 0 100.00' N 89°57�00�� E �� o o ��0 6 g��I �� 02 07/24/12 JC 66 6 � �30�STREET DEDIC�TION � o m� �, � M NidW ��M�s _o � � �� d��' �` � � s � °' �' � � � � °' °' � o °' �� ° BEING A PART OF THE NORTHWEST %4 OF SECTION 24, 3 �� ,� ��CIFIC TELEPHONE�s� d� s� a w� � �' N " �^ ,� �� M-' ti `S. � �,� �° TOWNSHIP7 °' � _ a� o w^ d� S �� `f'`� �N o o SHOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN. `S'R. t9. . -p c� � m I Ur c_7� �cJ J�c� N r � � ^ � � J,l� M TC ,� ,! �3 � - n v � Z�g (RECORDED 7/16/70 � s � s N �° � 9� 9�.- � 2 269,15 � �� `t� 2 CITY OF CUPERTINO, CALIFORNIA �� 3840611, BOOK 898 , wN �� °�N �. .� ' '.o ° • N "'• � la.''��' �Sa z^° �� 3� PAGE 213) TO REMA N , a �0.68' �`�' .. �� 3�.� 9�� `'� � �0 26� � 39 � � d �. d�, � so � ��, I (E) DRIVEWAY � ss � � W � r �+o �� Q �d�� \ 3� �. 3�� ( I � s I � ,� �� b�'� s� � � a° � � ,��' a � W � � 10 0 20 60 100 N dc � � u7 � W Oi `S'9. 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S APN: 354-20-031 � s � �� . . . �� 1 d S� ,�� N c� l�'s � � ��, �'-�" '� OWNER: CHERRYLAND, LLC. > � � � � � ��, �� ,� � . . � . �4�-0� � � 21881 DOLORES AVENUE U . . � CUPERTINO, CA 95014 , , , , , � � � � �� N � � 2 „ 2�' SCALE: 1"=20' SUBDIVIDER: CHERRYLAND, LLC. s��,�s�� M ALL EXIS ING � 21881 DOLORES AVENUE SIDEWALK S S°� �M �; � � 6 , �� BUILDI GS TO � CUPERTINO, CA 95014 I ,, � �o-0 � `� �N BE REM VED i 5��, �� . ��, �� s" ° . ENGINEER: JAMES C. CHEN, C.E., S.E. 4� 6 6� ° Q N � 2881 MERIDIAN AVE. UNIT 118 CURB & GUTTER �,�= ° ,° 6�a e� � a ol ° , ° �' SAN JOSE, CA 95124 2 0� � Q � c� � LANDSCAPING 9 �`"`�' ° ° �° �R�V�WAY � �' �� RCE 25 538 � �s��, Z .�'s ° � ° PAVER� �� I , � •,� _ —64. 0' — — � � �� - EXISTING USE: SINGLE FAMILY RESIDENCE 96� �cJ O — — — — — — � �� PROPOSED USE: SINGLE FAMILY RESIDENCE I� �' � ��. . � A T os` � : A �� N �,� �F��a M �''� 3 � d 2 SOURCE OF WATER: SAN JOSE WATER COMPANY � s, �� LEGEND �� `�� SEWAGE DISPOSAL: CUPERTINO SANITARY DISTRICT CURB SIDE PARKING ` � ``^`� W (6) SPACES �Z,-0� 2 � 4 ° STORM DRAINAGE: CITY OF CUPERTINO � � '9l- 9SF �tF PROPERTY LINE BEFORE DEDICATION p ��• ��' ,;� �� `�' � aN � c� �F 3, r� EXISTING ZONING: R1-10 � ►� W�/� r9 �;; PARCEL-B 2� � V/ a .O� T � - - PROPERTY LINE AFTER DEDICATION � J� � � �? $,399 SF = PROPOSED ZONING: R1-7.5 �" s ------- CENTER LINE � a � 5 �. �, ��93 ACF��S �2��p � � Z NOTE: GROSS: 41.973.50 SQ.FT Z `� � W : 8�� 2 - - - - - EASEMENT o i H � 0.964 ACRES � Z > 'q � REQUIREMENTS FOR LANDSCAPING AND FENCING SHALL BE 6 � a l�� ,$� T INCORPORATED WITHIN THE COVENANTS, CONDITIONS, & STREET DEDICATION: 3,000 SQ.FT � ,, } ''� 6a °°• �r-0. R E S T R I C T I O N S (C C&R S). T H E F I N A L C C&R S, W H I C H A D D R E S S E S 0.0 6 9 A C R E S �� '�'�`- ��, 6�. MAINTENANCE AND UPKEEP OF THE PRIVATE ROAD, SIDEWALK, � � STREETS, TREES, FENCING, AND LANDSCAPING, SHALL BE NET.: 38,973.50 SQ.FT 2 ��' ��,'° v � �°. �o�� 2^2 SUBMITTED TO THE CITY FOR STAFF REVIEW PRIOR TO FINAL 0.895 ACRES � � � SF� � '-o" � MAP RECORDATION. � � � p �,2 eq e a U, � � c�� , e PARCEL A: 8,051 SQ.FT +� � ss; Q a � a � � ,� a 0.185 ACRES CURVE TABLE � � � �� ti°��, " � ° e° I — _ ' � ti� �2o PARCEL B: 8,399 SQ.FT P�`�� "� a. � IVE1�fAY 2^2 0.193 ACRES , �� s� a �p�� 13 07 CURVE R L A i ' � �,� a �� PARCEL C: 9,448 SQ.FT C1 15.00' 10.95' 41.81° I / �. /� E� ° , , � �� , � Q � o' � 0.217 ACRES C2 15.00 18.87 72.08 �' � � � � Q;3� � � �� PARCEL D: 13,075 SQ.FT Q C3 37.00' 104.67' 162.08° 0 28.50' '�� (COMMON AREA) 0.300 ACRES O � � � ,� R32�_p„ r � � O �� `? � �.� v ��., I Z C� � �� S� J a \\ � ` � � ASSESSOR PARCEL MAP VICINITY MAP � c� ^' � � S. o ��p, I g `J � J� �`S'Cn l7�` � �C`� r ..�..°. �p� � .r� w .. �� "'� `J� II ,J`�' "cv °"• �� J O � � � �N 2'-�� SECTION A-A . a - . �,, � _ � - .�� ,..��W z SCALE: 1/8"=1'-0" . • ,� ' s�. _ _ Ge.�_� I Fq ¢ � U � . + -- - , .� - . � www��rrr t � Gol�°gE f-5 � aepFwr7iee L+i � • . , 2d� a � J� � __ , 34.50, a , o�r.ce ar SP4M'.T +•,tssv� — •F r. ru., �a��.rr eaurne��. 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Np 4 � � ��1� r� r� I I � � 9 � � � 12 12 12 3.5 T� 5 Np Np 5 12 � � 12 NP 3.5 °� � 3 5 Np � � � � 29 — 099 9 9 — O 99 9 99 �� 9 � 99 14 � � � �❑❑ ❑❑� ❑�❑ ❑❑❑ � � � � � N 0 R T H E �E V A T 0 N 4 � 6 S: ��4��=��-o�� S 0 U T H E �E V A T 0 N S: ��4��=��-o�� 12 ELEVATI❑N N❑TES� 4 T� 1O ROOF: CONC. TILE ROOF ('MONIER LIFETILE' ESR1647—ICC ES C0. OR � APPRO. EQ.) ON 30 LB BLDG FELT OVER PLYWOOD SHEATING. � O5" 26 GA. G.I. PROFILE GUTTER ON 2X8 S4S SURFACE FASCIA BOARD WITH DOWNSPOUT AT PROPER LOCATIONS (ALL ROOF DRAINS SHALL BE DRAINED TO STREET DIRECTLY) O DOUBLE GLAZED WINDOWS (TYP.) � OCUSTOM SOLID CORE DOORS. OROUGH SAWN WOOD SIDING OR HARDIE BD. ON 2 LAYERS GRADE 'D' � s.5 T� �, BLDG PAPER OR HOUSE WRAP(W/ 26 GA. G.I. 'Z' FLASH'G C� TOP) i � � � EDGE OF BLDG PAPER). — — — — — — — — — — — — — — STUCCO SILL OR TRIM. — — — — — — — — — — — — — — OSCREEN VENT WITH 1 /4" WIRED MESH (TYP.) O7 CULTURED STONE(BRICK PATTERN) � � � N❑TE� C❑NTRACT❑R SHALL ❑BTAIN THE APPR❑VED C❑L❑R AND MATERIAL B❑ARD �R❑M THE ❑WNER BE�❑RE STARTING THE W❑RKS, � � i i WEST E �EVAT 0N S: 1/4��=��-o�� ,2 � 12 T�4 I 4 TY�.P � � 12 12 Np 3.5 arn 3.5 T� I � N - - - - - - - - - - - - � � R� DATE PROPOSED RESIDENCE T—M a 2 0'12 20804 McClellan Rd. A CUPERTINO, CALIFORNIA v t�,�AY M�/I'�.� � - - L o t A s°� ��'� � � � � E evations No. C 21230 DRAWN JOB NO SHEET �� REN.01-31-13 �Q- E A S T E �E V A T 0 N S: 1/4"=1'-0" H.M.C. ASSOCIATES. LLP M� 9�F o`�� ARCHITECTURAL AND PLANNING � � � �F cA��F 14 3 SCALE DATE izzsosaaaTOC;nsuNNVVai.r-.a�.#zon snaaTOCn,can,o=o AS SHOWN AS SHOWN TEL:408 4 46-341 8 FAX:408 40a-6032 AR H . DE I N NDER EPARATED PERMIT U ELEVATI�N N❑TES� � 12 � 4 TYP, 1 O1 ROOF: CONC. TILE ROOF ('MONIER LIFETILE' ESR1647-ICC ES C0. OR �� APPRO. EQ.) ON 30 LB BLDG FELT OVER PLYWOOD SHEATING. O5" 26 GA. G.I. PROFILE GUTTER ON 2X8 S4S SURFACE FASCIA BOARD WITH DOWNSPOUT AT PROPER LOCATIONS (ALL ROOF DRAINS SHALL 2 BE DRAINED TO STREET DIRECTLY) 6 9 3 O DOUBLE GLAZED WINDOWS (TYP.) 5 O CUSTOM SOLID CORE DOORS. °' O3-COAT CEMENT PLASTER IN 17 GA. STUCCO NETTING ON 2 LAYERS _ GRADE 'D' BLDG PAPER. (WITH 26 GA. G.I. 'Z' FLASHING AT TOP � EDGE OF BLDG PAPER). � 1z N 4�� — — — — OSTUCCO SILL OR TRIM. OSCREEN VENT WITH 1/4" WIRED MESH (TYP.) 3 1� O WEEP SCREED (TYP.) OCULTURED STONE � N�TE� C❑NTRACT�R SHALL ❑BTAIN THE APPR❑VED C❑L❑R AND °' °' � I MATERIAL B�ARD �R❑M THE �WNER BEF❑RE STARTING THE W❑RKS, � � � � — — — — — ic� � — — — — — — — — — — WEST E � EVAT Of� 9 4 8 S: 1/4"=1'-0" / �- - - - - - - - - - — - - - - - - - � \ o / � \ � / � / � � / 12 \ \ � / TYP, 4 � N / � — — — — — — — � 3— — — — — — — — 3 \ p� O O � � I i� � � � � I � f� 0 R T H E � E V A T 0 f� S: 1/4��=��-o�� - - - - - - - - - - - - � 12 TYP, 4 — — — — — — — — — — — — — 1� �3 � I �n � — — — — — — — — — — — — — — — — � — — � � — — � — — — � � — — — — / � o / � � / \ ;� � � � E A S T E � E V A T 0 f� S: 1/4��=��-o�� N � � — — — — — — — — — � ❑�❑ �❑� ❑❑❑ ❑�❑ � ❑�❑ �❑� ❑❑❑ ❑�❑ O REV DATE PROPOSED RESIDENCE � T—M a 20'12 20804 McClellan Rd. CUPERTINO, CALIFORNIA F,�� A�'/�' v��IAY Il�j��y� � L o t B � `�� Elevations * No. C 21230 * � DRAWN JOB NO SHEET �� REN.01-31-13 �Q- H.M.C. ASSOCIATES. LLP 9T �� S 0 U T H E � E V A T 0 f� S: 1/4"=1'-0" ARCHITECTURAL AND PLANNING M� F �F CA�-�F� SCALE DATE � 4 2 12280 SARATOGA SLiNNYVALE RD.#209 SARATOGA, CA 95070 1'liL:40b 446-8418 1.�1?L:408 404-6032 AS S H OW N AS S H OW N AR H . DE I N NDER EPARATED PERMIT U 12 4 TYP, <\%� 2 6 9 3 0� 5 � � � � � 9 4 8 f� 0 R T H E � E V A T 0 f� S: 1/4��=,�-a�� ELEVATI❑N N❑TES� O1 ROOF: CONC. TILE ROOF ('MONIER LIFETILE' ESR1647—ICC ES C0. OR APPRO. EQ.) ON 30 LB BLDG FELT OVER PLYWOOD SHEATING. — — — — — — — — — — — — — O 5" 26 GA. G.I. PROFILE GUTTER ON 2X8 S4S SURFACE FASCIA BOARD WITH DOWNSPOUT AT PROPER LOCATIONS (ALL ROOF DRAINS SHALL BE DRAINED TO STREET DIRECTLY) ODOUBLE GLAZED WINDOWS (TYP.) � O CUSTOM SOLID CORE DOORS. O 3—COAT CEMENT PLASTER IN 17 GA. STUCCO NETTING ON 2 LAYERS GRADE 'D' BLDG PAPER. (WITH 26 GA. G.I. 'Z' FLASHING AT TOP EDGE OF BLDG PAPER). _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O STUCCO SILL OR TRIM. OSCREEN VENT WITH 1/4" WIRED MESH (TYP.) OWEEP SCREED (TYP.) OCULTURED STONE � N�TE� C❑NTRACT�R SHALL ❑BTAIN THE APPR❑VED C❑L❑R AND MATERIAL B❑ARD FR❑M THE �WNER BEF❑RE STARTING THE W❑RKS, — — � � — — � � — — � — — — — S 0 U T H E � E V A T 0 f� S: 1/4��=��-o�� 0 � � �� ❑�❑ �❑� ❑�� o� � �� - � � - WEST E � EVAT Of� S: 1/4��=��-o�� R� DATE PROPOSED RESIDENCE T—M a 2 0'12 20804 McClellan Rd. A CUPERTINO, CALIFORNIA �F,�AY M��'F�� — — — � � — — � — — — — L o t C s°� �y`�� Elevations * No. C 21230 * DRAWN JOB NO SHEET �J. REN.01-31-13 �Q- H.M.C. ASSOCIATES. LLP 9T �� E A S T E � E V A T 0 f� S: 1/4"=1'-0" ARCffiTECTURAL AND PLANNING M� F �F CA�-�F� SCALE DATE A � 4 � 122R0 SAR,4TOGA SUNNYVALE RD.�209 SAR,4TOG,4,C,4 950?0 TEZ:aaAa+h-s4is FAX:ansao4-��3z AS SHOWN AS SHOWN 145 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPEP�TINO,CA 95014-3255 (408)777-3308 •FAX(408)777-3333 CUPERTINO PLANNING COMMISSION STAFF REPORT Agenda Item No. 2. Agenda Date:August 27, 2013 Applications: U-2013-08, ASA-2013-06, & TR-2013-35 Applicant: Leonard Ataide (Foothill Commercial Condo Association) Location: 10011 N. Foothill Soulevard (APN 342-49-996) APPLICATION SUMMARY: 1. Use Permit (U-2013-07) to allow office uses, including medical offices, to exceed 25% of the building space in an existing commercial condominium complex. 2. Architectural and Site Approval (ASA-2013-06) to allow the construction of a new detached sidewalk, patio and associated site improvements at an existing commercial condominium complex. 3. Tree Removal Permit (TR-2013-35) to allow the removal and replacement of one 32" diameter pine tree to facilitate the construction of a detached sidewalk and associated site improvements. RECOMMENDATION: Staff recommends that the Planning Commission approve the Use Permit, Architectural and Site Approval, and Tree Removal Permit in accordance with the draft resolutions (Attachment 1). PROJECT DATA: General Plan Designation Commercial/Office /Residential Zoning Designation Planned Neighborhood Commercial and Residential P(Res, CG) Design Guidelines N/A Lot Size 72,500 sq.ft. (L66 acres) Existing building area (no change) 15,534 sq. ft. Existing building height (no change) 18 ft. Required auto parking 89 stalls (1/175 square feet) Proposed auto parking 66 parking spaces [(Consistent with the conclusions of parking study conducted by an independent parking/traffic consultant —Hexagon Transportation Consultants)] Project Consistency With: General Plan Yes Zoning Yes Environmental assessment Categorically Exempt 146 U-2013-08,ASA-2013-06,&TR-2013-35 FCCA August 27,2013 BACKGROUND: Application Rec�uest The applicant, Leonard Ataide, representing the Foothill Commercial Condo Association is requesting a Use Permit to allow office uses, including medical offices, to exceed 25% of the building space in an existing commercial condominium complex consisting of 13 suites (15,534 square feet). The request does not involve significant exterior modifications, however, seeks to retroactively permit the removal of a decayed wooden deck that was replaced with pervious pavers, patio equipment, and landscaping and as conditioned would be required to provide a detached sidewalk for parts of N. Foothill Soulevard and all of Stevens Creek Soulevard. Existing Site anc� Surrounc�ings The project site is located at the northwest corner of the intersection of Stevens Creek Soulevard and Foothill Soulevard. � ,�; _ -aw.�.,.,.. �.�,.< _�p ��*.�*.��*' •� �� '� =� �� ~��'�. , :,. � '�°�'�.x.�-��''��, ��r�'��.�x'.�'�-�„— r � `�'��- Y - � �I�� ,�. � , . ,� .� �t� ., ,i- �° � ..£`. ''J ' .i'�� F �''� � �P ��. r "' � • _ . . �' '� 7' '� '�� rR ?'� . . ^ �. 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' ,� ^� :,.F., ! � -`(f, ��.�� 1, .y, i p'. �i[rir ��', �,y.f , , Site Aerial Immediately adjacent to the project site to the north and east are residential uses, with office and retail uses across the boulevards to the east and south respectively. 147 U-2013-08,ASA-2013-06,&TR-2013-35 FCCA August 27,2013 Lanc� LLse History �ExistinglProposec� LLses The project site was originally pre-rezoned from Santa Clara County CN (Neighborhood Commercial) to City of Cupertino P-CG (Planned General Commercial) in 1977. This rezoning permitted all uses listed under the General Commercial Ordinance with the exception of restaurants, as the proposed commercial use center (previously known as the Silver Oaks West) was intended to be low intensity to avoid inhibiting the future viability of the Monta Vista commercial district (Resolution No. 1713; 8-U-77). The site is presently comprised of 45% office uses, 29% medical office, 8% commercial offices (Insurance Agency) and 17% identified as vacant. The two vacant suites, Unit 113 (Li) and Unit 101 (Kapila), are proposing medical offices which would raise the percentage of inedical office use up to 47% of the total center. DISCUSSION: Use Permit The Use Permit request is to establish office uses, including medical offices, as a permitted use in the complex. The General Commercial (CG) Ordinance requires a Use Permit at the Planning Commission level to allow non-commercial office uses, including medical, to comprise more than twenty-five percent of the building space if affecting over ten-thousand square feet. The City's Zoning Ordinance defines these offices uses to include, professional, general, administrative, business offices. To approve an application for a conditional use permit, the Commission must make the following findings: L The proposed development and/or use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The draft resolution (Attachment 1) explains the facts supporting these findings for this application. The discussion below provides a discussion of the issues related to the findings. Parking The City's Parking Ordinance requires 1 (one) parking space for every 175 square feet of inedical/dental office uses. However, the Parking Ordinance allows for a reduction in these standards with a parking study conducted by an independent parking/traffic consultant. The attached report (Attachment 4), produced by Hexagon Transportation Consultants, Inc, concludes that the sixty-six (66) parking spaces is adequate to handle the peak parking demand of the medical uses for this center. Architectural Site Application The applicant seeks to retroactively approve the removal and replacement of a decayed redwood deck with pervious pavers and landscaping. The proposed condition will be further enhanced with outdoor patio chairs, and tables, and umbrellas. 148 U-2013-08,ASA-2013-06,&TR-2013-35 FCCA August 27,2013 Site Improvements As conditioned, the applicant is proposing to install a detached sidewalk the full length of the property frontage along Stevens Creek Soulevard and along the edge of N. Foothill Soulevard to the point a detached design would result in a significant conflict with an underground utility box and would require increasingly high retaining walls. As conditioned, the landscaping strip shall be improved with street trees and landscaping to the satisfaction of the Director of Public Works. Existing air conditional units, visible from Stevens Creek Soulevard and N. Foothill Soulevard, will be screened from view by bushes, and the large unfinished dirt hill along Foothill shall be blanketed with drought-tolerant plants. The site improvements are consistent with the City's General Plan in that detached sidewalks with a landscaped buffer in between the street and pedestrian walk are preferred as they enhance community aesthetics and improve pedestrian safety. Tree Removal Permit The detached sidewalk, as proposed, would result in the removal and replacement of one 32" diameter pine tree. Due to the size of the tree, it is not a viable candidate for transplanting. The applicant proposes to install two replacement 24-inch box Crape Myrtle trees along N. Foothill Soulevard; the final placement shall be determined prior to building permit issuance and after the location of street trees is determined. ENVIRONMENTAL ASSESSMENT The use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301 (Existing Facilities) of the CEQA Guidelines because it involves a negligible expansion of use and section 15303 (Replacement or Reconstruction) in that the removal of the deck with a paved patio and installing a detached sidewalk will have substantially the same purpose and capacity as the structure replaced. PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 — 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project received: July 25, 2013 Deemed complete: August 5, 2013 Since this project is Categorically Exempt, the City has 60 days (until September 23, 2013) to make a decision on the project. The Planning Commission's decision on this project is final unless appealed within 14 calendar days of the decision. PUBLIC NOTICING &OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda ■ Site Signage ■ Posted on the City's official notice (14 c�ays prior to t{ie{iearing) bulletin board (one zveek prior to t{ie ■ Legal ad placed in newspaper {iearing) (at least 10 c�ays prior to t{ie{iearing) ■ Posted on the City of Cupertino's Web ■ 68 notices mailed to propert�� owners within site (one zveek prior to t{ie{iearing) 149 U-2013-08,ASA-2013-06,&TR-2013-35 FCCA August 27,2013 300 feet of the project site (10 c�ays prior to t{ie{iearing) CONCLUSION Staff recommends approval of the request since it is not anticipated to have significant impacts to the neighborhood. Additionally, all of the findings for approval of the proposed project, consistent with Chapter 14.18.180, 19.156.040 and 19.168.030 of the Cupertino Municipal Code, may be made. Prepared by: Stephen Rose, Associate Planner Reviewed by: Approved by: /s/Garv Chao /s/Aarti Shrivastava Gary Chao Aarti Shrivastava City Planner Community Development Director ATTACHMENTS: 1 - Draft Resolutions U-2013-08, ASA-2013-06, TR-2013-35 2—Vicinity and Location Map 3—Project History&Justification Statement 4—Parking Study (Hexagon Transportation Consultants) 5—Project Plans 150 Aitachment 1 U-2013-OS CITY OF CUPERTINO 103Q0 Torre Avenue C�zpertulo, California 95014 DRART RESOLUTION OF THE PLANNING COMMISSION O� THE CITY OF CUPERTINO APPROVING A C4NDITIONAL USE PERMIT TO ALLOW OFFICE USES TO EXCEED 25% O�THE BUILD�NG SPACE IN AN EXISTING COMM�RCIAL CONDQMTNIUM COMPLEX LOCATED AT 10011 N. FOOTHILL BOULEVARD SECTIQN�: PROTECT DESCRIPTIQN &IZECITALS Application No(s}.: U-2013-QS Applicant: Leoa�ard Ataide (�oothill Coirunercial Coizdo Association) Location: 10011 N. Footl�ill Boulevard (APN 342�40-996) Su�ject: Use Permif (U-2013-07) to allow office uses, includi�zg medical offices, to exceed 25% of the building space in an existi�lg colnrnercial co11do1ninium cornplex. WHEREAS, t11e Plar�ling Coxnzxlission of the City o�CuperEino received an applicatioal for a Co�lditioilal Use Permit as described in Section r, of this Resolution; and WHEREAS, the necessary pu�Iic nofices have been given as rec�uired by the Procedural Qrdi�lance of the Cify of Cuperti��o, and �1e P1a�u1i�1g Corrunissiol�11e1d a public 1learing ar1 August 2'7, 2013 uz regard to the application; and NOW, THEREFORE,BE IT RESOLVED: After carefixi collsideration of the, ma�?s, facts, ex11iU'rts, �estinlony aild other evidence subrnitted in this maffer, fhe Plaiulix�g Commission hereby approves Applicatio�l No. U-2013-OS based upon tlle �z��d'ulgs descriUed uz section II of this resolufion, the public hearing record and the Muzutes of Plaru�uzg Colnrnissioll Meeti�tg of Aug�st 27, 2013, a11d subject to t11e coilditions specified i�1 secfion III of this reso�ution. SECT14N TI: FINDINGS 1. The proposed use, at �11e pro�osed locafion, �tirill not Ue detriinei��al or uljurious to �roperty or i�n�ro�veinellts i�1 �11e vici�lity, alzd wiil 11ot be detrime11ta1 to t11e �ublic 11eai#h, safety, gEnerai welfare, or conveniei�ce; Allowing office uses fo exceed 25%of the buidding spaee in atz existi�g co7az�ne7°cial ca7adofniniu��n com�Iex wil2 rzot be detrirne7atal or�in�u7�ious to pro�el�t�ar i�nprovements in the vicinity, anci wili not be detrilnentaI to tTze �ublic healtTi, safety, generad weIfa2Re, o�� convet2ience because it wilI provide g�•eate�° accessibidif� of inedical office uses in an existing neighl�arliaad co�nane7�cial and 1•esidentiad disflaict, Furtlie�•ano�•e, tlze desiglz of the existing co�nplex does no� a•eadidy Iend itseif to 1�etaiI uses, ]zcsving Ueen o1•iginall� designed witlz tlxe intelzt of 151 DrafE Resolution U-2413-08 August 27,2013 estabIishing Iow intensity retai� uses to avoid i�zhibiting the futur�e z�iabilit� of the Manta Vista commerFciad distt�ict(ResoIution No. 1713; 8-U-77}. 2. The proposed use will be �ocafed and condttcted in a maruzer in ac�ord with the Cupertino Coinpreherlsive Gerzeral Plan, underlying zoning regulatiolzs, the purpose of the City's zoi7ing ordinances, and complies wifill t11e California Environmental Quality Act(CEQA). TJze proposed pr�ojecf is consistent witJi and wiIl be co�ducted in a nzalzner in accoa�d with th.e Genet•ad Plan, zoning oa•dinance, und CEQA. �or exanz�Ie, the praject serves ta achieve divea�sity iaz dand use (GP Policy 2- 20) by pa•oviding an erripIoyrnen� cente�• and neighboa�hood se��vzng uses a12d wiIi be requia�ed to constr•uct a detacl�ed sidewalk consistent witlz the 5ite Inzprovernent Requzr•e�nents specified in Teclznical Ap�aendix B tlae Gene�•ar Plan. The conditions of app��ovaT contained in this r•esolution fur•ther �•ed.uce the lilcelilaood of adverse iraz�aacts to surrounding p�ropea�ties. SECTION IIZ: C�NDITIONS ADMINISTER�D SY TH� COMMUNITY D�,V�LOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on fhe plan set received August 2, 2013 co��sisti�lg of four sheets enti�Ied "Existu�g Site P1an', "Site Improvement Plan", "Re��acement Deck Plan", a��d "Replacen�ent Deck Details" except as rnay be arnended by condit�ans i�1 this resolufioil. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data i�lclud'u1g but zlot limited to property boundary locafions, Uuilding setbacks, �ro�erty size, building square footage, any rel�vant easerne��ts and/ar co7lstruction records. Arzy rnisrepresentation of ar�y propeity data may invalidate this a�proval and znay require additional review. 3. ANNOTATION O�THE CONDITIONS OF AI'PROVAL The coi�ditions of approval set forfill shall be ulcor�orated into and arulofia�ed on the first page of f11e building plans. 4. BUILDING PERMITS The applicanf s11all consult vvitll t11e City Buildi�lg Divisioll to obtai�l�he necessary building permits. Thi.s use pezznrt shalI be conszdered ��ull az�.d vozd az�d o.f z10 e£fect z£ a buildulg �erzxait is 11ot filed and accepfed by the City (fees paid and control numi�er issuEd) withul the expiration date specified iiz the inunicipal code. In �he evenf tlzat a build'u-�g perinit expires foi any reason, the use �ermi# shall be 11ull and void. �. SUSINESS LICENSE 1'rior to building permi�fu1a1, the busizless owilers shall obfiain a City a�CU�ertino busuless liceilse. G. USE APPROVAL ApprQVal is granted fo ailow pxofessi.onal and medical offices as a perinitted use. Any changes i�1 the operation parameters outside of this approval lnust 1�e reviewed a11d appro�ed l�y the Citq. Resfauranf uses,pursuant fo the Resolution No. 1713 (8-U-77), shall reinaul prohibit�d. 152 Draft Resolution U-2013-0$ Augusf 27,2Q13 7, TOTAL AVAILABLE PARKTNG There shall be a mulimum of sixty�six (b6} parl<ing stalls maintained onsite. A1�y proposed i�ltensification of the approved uses, or reduction u-�parking spaces, wi1l xequire City review and approval and poteiltial additional studies at t11e applicallt's expe�lse. 8. NOISE CONTROL Naise levels shali not exceed t��ose as l�sfed i�1 Coirimwzify Noise Control Orduzance, Cupertino Municipal Code C11ap�er 10.48. If there are documented violations of fi11e Com�nuYlity Noise CoY�trol Ordulance, the Direc�ar of Community Developmezlf or Noise CozltroJ O�ficez I1as �he discretio�l to require noise attenuation measures to comply with the ordinance. 9. CONSULTATION WITH OTHER DEPARTMENTS The applicarlt is res�oilsible to consuit vvith other departmellts a��d/ar ageYlcies with regard to the pxoposed project fox additiona� cox�ditions and requirexxte�.lts. Ai�y misreprese�ltatioil of a�tq subinitted data may invalidate an approval by the Co�rununity Development De�arhnent. �0. R�VOCATIDN OF USE P�RMZT The Director �nay initiate proceed'ulgs for revacatian of the Use Perinrt u1 any case wl�ere, i�1 fi�ie judginent of the Director, substaniial evidence u�tdicates that the conditions af the conditianal use perrnit have not been irnplernentecl, or wllere the perrnit 'rs being conducted i��a�.na�-�-�er detrimental to the public l�ealth, safety, and welfare, ��.1 accord with the requireme�lts of the�nuYlicipal code. 11. EXPIRATIQN If the use for which this conditional use permit is grai�ted and utilizec� has ceased or has vee�1 suspended for one year or rnore, tllis perrnit sha�l be deemed expired and a new use perinit applicaEion mustbe app�ied for azld obtained. 12. CONCURRENT APPROVAL CONDITIDNS Tl�e canditioz�s o£ appzoval coz�ttaizled iu1 fi�e �1o(s). TR-2013�35 and ASA�2013-06 s11all be applicable to this a�proval. 13. INDEMNIFICATION To the exte�tf perrnitted by law, tlle Applicant shaIl indemnify and llold harmless the City, its City Council, i�s officers, employees a�d agents (tlle "inde1n11rfied parties") froYn a11d againsf any claim, acfiai�, or proceeding brought by a �lzird �arfy agaizzsf the u�derx�ni�ied parties and the a��licant to attack, set aside, or voad this orduzance or any permit or approval autharized hereUy for t�ie�ro�ect, includi�tg (�vifihout limitafioll) reirnbursing tl�e City its actual attorneys' fees and costs i�lcurred ui defense of �l�e Iitigation. Tl�e Cxty �z�ay, iz� zts sole discretion, elecfi to defelld a�1y sudl actian wifh attorneys of its choice. 14. NOTICE�P�EES,D�DZCATIONS, RE5ERVATIONS OR OTHER EXACTIONS The Condifiions of 1'roject Approval sef forfh hereul �nay ulclude certaiz� fees, dedication requiremeiifs, reserv�tian require�nents, and ather exacfions. Pursuant ta Gover�nent Cade Sectian G6Q20(d) {2}, these Cox�difiio�ls car�stit�zte writte�l 11ot�ce of a statement of ti�e amoiutt of such fee�, and a description of ih� dedications, reservafioi�s, and other exactions. You are hereby furtlier no�ified tllat t1Ze 90-day ap�roval period i�z which you rnay �rotest these fees, d�dications, 153 Draft Resolution i7-20T3-08 August 27,20I3 reservafiails, and o�1er exactions, pursua�lt to Goverllrnent Code Sectio�16602a(a), has begun. If pou fail to file a pro�est wifihin �11is 90-day period complying with all of tl�e requirements of 5ection 6602Q,you will be legally barred from later challengulg such exactions. SECTION N: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1, TRASH�AC�LTTIES Per Public Works De�artment requireinents, tl-►e property ownei �nust ensure that aIl lids fo� trash, recycling, aY�d yard �vaste bins rernar_r� closed v,rhen materia� is ��ot being de�osited into tllern. Bu1s are not to be overfiIled;material is no�per�ni��ed to be stoekpiled alongside bans and the area i�1 anc� aroux�d �he i�u1s shall be kept clean at all tiines. A yard waste uu�is required at the properry for food waste and organics. Lack of compliance with tize Cify's litter control measures will result in a not�ce of violafion and a fi�1e. SECTION VI: CEQA REVIEW The coz�ditional use perzx�it is categorically exe�n�t froz� �he Cali£orni.a Ezlvironznez�tal Quality Act (CEQA} per sectioll 15301 (�xistulg Paciiities) of the C�QA Guidelilles because if in�olves a negligible expa�lszon of use a�1d sectxo�� 15303 {Replacez�.e�zt ox� Recoz�s�ructiozl) zn fl�a� the xennoval of the deck wifh a paved patio, removal and replaceinEnt of a tree, and installing a detached sidewallc will have substanfially the same purpose and capacity as the struciure replaced. PASSED AND ADOPTED t�1is 27th day of Augi�st, 2013, Regular Meefi�lg of the P1aruling Cornmission of the City of Cupertialo,State af Cali£ornza,by the followir�.g xoll call vofie: AYES: COMMISS�ONERS: NOES: COMMISSIONERS: ABSTATN: COMMISSTONERS: ABSENT: COlVIMISSIONERS: ATTEST: APPROVED: Gary Chao Don Sun City P1aY�1�r C11air, Pla�ul�lg Conlrrtission G;IPIa��nirtg1Pb22�'2'OR2'1RE5120I31�-2013-OS res,doc 154 ASA-2013-Ob CITY OF CUPERTINO 7.03a0 Torre Ave�ue Cupertino, California 9501� � DRART RESOLUTION OF'THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL STTE APPLTCATTON TO ALLOW THE C�NSTRUCTION OF A NEW DETACHED SIDEWALK, PATrQ AND ASSOCIATED S7T�IMT'ROV�M�NTS IN AN EXrSTING COMMERCIAL CONDOMINIUM COMPLEX LOCATED AT 10011 N. FOOTHILL BOULEVARD S�CT70N r; PR�ECT D�SCRIPTTON &RECTTALS Applicafion No(s).: ASA�2013�06 A}�plicallt: Leonard Ataide (Foothill Comrnercial Coildo Association) Location: 1Q011 N. Footllill So�xlevarc� (APN 342-40-996) Subject: Arcllitecfural Sife Application (ASA-2013-06) to allow the coa�sfrucfion of a new detached sidewallc, patio a�d associafied site improvernents at an existitlg cor�unercial cor►donvnium complex. WHERBAS, the Planiung CoinFnission of the City of Cupertino receivEd an applicafion for an ArChifecfural and Site Application as described u1 Secfion I, of flzis Resolufion; and WHEREAS, the 1lecessary �ublic notices have 1�een givell as required by the Procedurai Ordinailce of the City o�Cupertino, and tlle P�aniliz�g Co�inissiox�held a public heaxulg oz1 August 27, 20�3 ix1 zegaard to fl1e ap�lication; and NOW,THERE�ORE, SE IT RESOLV�D: After careful considerai-ion of the, inaps, facts, e�ibits, f�sfimony and other evide�ue suUmitted u1 �11is �natter, fhe P1azu�itlg Commission hereby a�proves Applieation No. ASA-2fl13-O6 Uased upon �he fi�ldi�lgs described in sectioil II of fi11'rs resolutioll, tl�e public 1leari�lg record and t11e Mi�lutes of PlaYlni�lg Cammission Meeting of August 27, 2Q13, and subject ta �he condi�ians s�ecified u1 sectio��. zTI o� t.l�is resolution. SECTION II: F�NDINGS 1. Tl1e proposed use, afi �1e proposed location, will 11ot l�e defiriX�nental or uljurio�zs to pro�aerty or irnprovenlents i�1 t11e vici�lity, a7�d will not l�e det�irr►�r1fa1 to ti�e public hea1t11, safefy, general welfaze, ox cazlvei�ience; Ailawing office uses to exceed 25% of tlie building s�ace in an existing conza�aer•cial condot�ain.iutn cot�zplex widr not be det�•ianenta2 or injur•ious to p7•o�aerty a�• irnpa•ovements itz the vicinity, and wi11 r�ot be detriane�ital to tlie �ublic liealth, safety, genet•al we2faa�e, or corivenience because it uailr pr�ovide greater• accesszbility of taxedicar affice uses in an existing neigliba�•liaod camme��cia1 and ��esidential dista•ict. Furthe��nzot•e, tlze design of t1�.e existi�zg colazprex does no� readiry Ie��.d itseIf to retaiI uses, Izaving I�een oa•iginally designed wztl� tl�e ifizte�it af 155 Draft Resolution ASA-2413-06 August 27,2D13 estabdishing 2ow fntensity retaiI uses to avoid inhibiting tlze future viability of tlze Mon�a Vista comme7�cial district {Resolution Na. 1713; S-U-77). 2. The proposal is eonsistent with the purposes of Chapter �9.168, Architectural and Site Review, of the Cupertino MLUlicipal Code, fhe General P1a�1, any specific �Ian, zor�i�.1g ard'uzances, a��licabl� plai�tled developxnen� permit, conditional use perrnits, variailces, subdivision rnaps or other e��fi�tlelnents to use wh�ch regulate the subject property includi�zg, but not limited to, adherence to fihe follawiulg specified criteria: a. The pr�oposed pa•oject is consistent zvith and zvidl be conducted in � lnanner in accord witTz tlae Gene��ad P2an, zoning ordinance, and CEQA. For exarn�Ie, tlze pr�oject ser•ves to aclzieve dive��sity in la�2d use (GP Podicy 2-20) b�praviding an ernplo�tnent center and neiglzbo7�hood selRving uses �nd wiI2 be a°equired to consta�uct� a defached sidewadk consisten� witla tlze Site Irrrp�•ouement Requia°ements specified in �'echnicaI Appendix B �1ae General PIan. The conditions of appYOVad contained in tlais 1�esorution ful�thea� reduce �he XiTceliltaad of advea�se impac�s to surrounding pl�oper�ties. Fu��the��raxa��e, tl�e appa�oval arso indudes the pt�io��candition to pr•ohibir t•es�au��ants orzsite. b. No claanges to existing buiIdings are ��•oposed, as suclx, no inzpact to buirding scale oY trRansitions will occur. c. Tlae tnaterials, textua�es and coZo��s utilized by the pafio a��e in�ea�iot• to the corttplex and will be sc�°eened by Iandscaping. The Rpplica�iali praposes �a sc��een unsightIy HVAC equiprnent a2ong Stevens C��eelc BouIevard and N. FoothiII BauIevar�d. No new lighting is paroposed with the application and the�•e aYe no existing 2iglits t11at spilr aver to adjoirzing prope�•ties tJa.at slzauld provide downsllierding. d. The numbeY, 2ocation, coZor, size, and lzeight of proposed Iandscaping h.as beert planned to canfoa�m to Pub2ic Wo��lcs standa7•ds zvithin tlae a�p��opriate visian tria7igdes, and shadl positively affect tl�.e aJa�eaa•ance of tJie site, and ha��7nonize witlx adjacent devedopanent that is nzor�e ful2y Iandscaped, by pr�oz�iding grau7�d cove��fol�an atlaerzvise dir•t hidIside. e. The p1�o�osed landscape scr�eening for tlae exzsting HVAC equipanent wi11 se�•ve to pa�ovide nioder•ate ��aise dataiperzing and wiI2 sea•ve to minimize the visual i�aipact in2.J�osed b� tlze equipnxent. SECTION IIT; CONDTTIONS ADMINISTER�D BY THE COMMUNITY DEVELOPM�,NT D�PT. Planning Di.vision: l. APPROVED EXHIBITS Appxoval is based o��►the plan set received August 2, 2013 collsisti�lg of four slleets ellfitled "Exisfi�lg Site Plan", "Site Improvement Plan", "Replaceine��t Deck Plan", and "Replaceinen� Deck Defiazls" excepf as i�nay be amended by condifi.ons in this resolution. 2. ACCURACY OF PROJECT�'LAN� The applicanf/property owrler is responsible to verify alI pertu-�ent property dafa inciuding Uut not Iimi�ed to pxopezty boundary IocatioYls, buiidi�lg setbacks, property size, buildi�lg square footage, any relevanf easemE��tts and/or construction records. Any inisre�rese�ltation af any pxo�?exty dafia may invalidate this approval��d inay requi.re additio�zal review. 156 Draft Resolution ASA-207.�-06 August 27,2013 3. ANN�TATION O�'THE COND�TTONS O�`APPR�VAL The conditions of approval set forth shall be incorporated uzto aizd aruzotafed on fhe fi.rst page of tlze building plans. 4. BUILDING PERMITS T11e applicant s11a11 consulfi wifih the City Buildiulg Division to obtain fl�e necessary building jaexmzts. This use per�ni.t shall be considered i1u11 and vaid aY1d of 1zo effect if a vuildir�g perrnit is not filed a��d acce�ted by the City (fees paid and control number issued) withi�l the expir�fzoa.� date s�ecified in �I1e muzlicipal code. �i1 ��e evezlt that a btzilding perinit expires for any reason, the use permit shall be null and void. 5. BUSINESS LICENSE Prinr to buildi��g�errnit final, tlle business ovvners s11a11 obtai�l a Cifiy of Cupertino business lice�se. 6. TOTAL AVAILASLE PARKING Tllere sk�all Ue a�niniinum of sixty-six (6b) parki��g stalls maintauled o�lsite. Any proposed intensification of flze approved uses, or reduction uz parking spaces, will reqtxire City revzew and approval and potenfial addifional siudies at the applicant's expei�se. 7. TREE PROTECTION The existing trees fo re�nain s11all be protected during cor�sfruction per t11e City's Protected Tree Ordi�lance (Chapter 14.18 of t11e municipal code). The City's s�ar�dard txee pxotectian.z�easuxes shall be Iisted ox1 the plans, a��d pro�ecfive fenculg shall be i�lstalled around the trees to reinaul rip �r to issuance of buildin��ermits. A re�ort ascertaining tl�e good health o�' these trees shall be provided prior to iss�ance af fi�lal occu�anc�. 8. FINAL LANDSCAPE PLAN Pri.or. �o issuance af building permifs, �he app�icant shall s�Uinit a fulal Iandscaping plan in coi�forinance with �lze City's Landscape Orduzai�ce (Chapter 14.15). If the ].andscapizzg area (defiz�ed by section 14.15.03a) is greater than 2,�p0 square feef, fhen a full landscape praject submitfal per sectio�14.�5.040 is requi.red Urior to issuance of building�exinits. a. Landscapi�lg screeni�lg shail be pro�ided€or all air co�lditio��i�1g units. b. Natzve and drought tolezant�andscapu�g s11all be�zovided along N. Fao�hill Boulevard. c. Two (2) twenty-four u�ch box Crape Myrtle trees shall be�rovided as re�Iaceme�lt trees. The final location s1zall be determuzed after fhe location of sfreet trees is defel�nitled. 9. ROOFTOP EQUIPMENT SCREENING A11 mecha��►ical and ofher equipx�enf on tlle bui�df�lg or on the srte shall be scieened so fhey are nat visible from public street areas or adjoi�lulg devel�pinents. The height of the scxeening shail Ue �aller t12an �11e 1leight of the inecllanical equipinenf that it is designed to screen. A lu�e of sight pl� inay be required to deinonstrate that the equi�ment wi11 not be visible fro�n a�1y�ublie right-of-way. The location of tl�e eq�ipmellt a11d necessary screeni�lg sl�ali be reviewed and a�apro�ved by the Director o£Co��munity Developinez�t urza�to issuance o£buildulg�erini�s, 10. TRANS�'ORMERS Elecfricai transforiners, teiepl1o11e cabi��efs artd si�nilar equip�ne�lt s11a11 be placed i�1 ulldergro�uld vault,s. TI1e developer inus� receive written approval fiom Uo�� l�e PuUlic Works Dep�r'tment and 157 Draft Resolution ASA-2D13-Ob August 27,2013 t11e Carrun�u�ity Develaprnertt Department prior to i�lstallation of a7-�y above ground equipinent. 511ou1d above ground ec��iprneilt be �ermitted by t11e Ci�y, equiprnent and e�lclos�res shall be screezled with �encing and landscaping such that said equipment is not visible �roin publzc s�iee� areas, as determined by the Coinmw.lity Development Depar'tment. 11. UTILITY STRUCTURE PLAN Prior to issuance of building perrnifs, tlze a�plicant s1zall work with staff ta provide a detailed ufility pian to demonstrate scree�zi�lg or undergroundi�lg of all ilew utli�.y sfructures [i�lcludi�lg, but ilot liz�lited �o backfIow pxeventers (P�P), fire department connections (�'DC), pos�-i��dicator val�es (PIV), aild gas metersJ to the satisfact�ion af the Direcfor of Coin€nnunity Develop�nent, Ptzblic Works, Fire De�arfinent, and applicable utili�y ageizci.es. 12. RECYCLING OF DEMOLISHED BUILDING MATERIALS Al�dexnolished buildi.��.g ma�exials s11aI1�e recycled�o t11e maximurn exten�possible. 13. C4NSULTATION WITH OTH�R DEPARTMENTS The applicant is responsible to consult with other depari-n�ents and/or agencies with regard fo fhe pro�osed �roject for additio�lal canditions anc� requzreme��ts. Any �r►isxepxesez�fation o£ any submitted data may irivalidafe a�1 approval Uy the Conununify Develop�nent Department. 14. INDEMNIFICATION To the extellt �errnitfied by law, t11e Applicant s11a11 indelnnify and 11oid haYinless t11e City, ifs Cify Council, its officers, emplayees and ageilfs {fihe "zndemni�zed paxt�es") �'roixi and agaz�.lst any clai�n, acfion, or proceeding brought by a third party agauzst the i�ldeinnified parties and the applicant ta attack, set aside, or void t�1is ordi�lat�ce or any permit or ap�roval autlzorized hereby for the praject, i�lcluding {without limi�ation) reimbursulg the City its actuai attorneys' fees aild costs i�lcurred i�z defei�se of the Ii�igation. The City inay, in its sale discretzon, elect ta defe��d az�y suc�� actiozl with attorneys of its choice. 1.5. NOTICE OF FEES,DEDZCAT�ONS, R�S�RVATIONS OR OTHER EXACTIONS The Condifions of Project Approval set forfh herein inay ulclude cerfaul fees, dedicati.on requiremenfs, reservation requireinents, and other exactions. Pursuant fo Governme��t Code Sectian 66020(d) (1), these Conditiolls collstitute writte�l 1lotice of a state1ne11t of the alnounf of s�zch fees, and a descript�on of �11e dedicatioz�s, �eserva�zoz�s, az�.d otlzear exactio�s. You are hereby furtller notified that the 90-day a�proval �eriod u1 which you inay j�rotest these fees, dedications, reservatioils, a�zd ather exactions, pursuatzt to Governinent Code Section b6020(a), has Uegun. If you Eail to fi�e a profiest witl�.��. fihzs 90-day period corn�lyulg witll all of t11e reqc�irerner�ts of Sectivn 66�20,you will be legally barred froin Iater challengi�lg such exactio�ls. SECTION iV: CONDITIONS ADMINIST�R�D BY THE PUBLTC WORKS D�PARTMENT 16. STREET WIDENING Public street wide�ling a7nd dedicatiolls sllali be provided i�1 accordaYlce �vit11 City Sta�ld�r�s and specificatio�ls and as rEquired by the City Enguleer. 77. CURB AND GUTTER IMPROVEMENTS 158 Draft Resolution ASA-2013-D6 August 27,2013 Curbs and gutters, sidewa�ics and related structures shall be uzstalled uz aceordance witll gxades and standards as specified by the City Er1gi�leer, SECTION VI: CE A REVIEW The �onditional use perinif is categorically exempt from the Ca�ifornia Environmental Qualify Act (CEQA} per section 15301 (Existing Faciliffes) of �lze CEQA Guzdeli�les because it i��volves a ��egligibXe expansian of use and section 15303 (Re�laceineilt ox Reconstruction) u1 that the rE�noval of the deck wif11 a paved pafi�o, remo�al and replace�nent of a tree, a,1d ulsta11i1zg a detached sidewallc will llave subs�antially t11e saine purpase and capacity as�11e sfiructare replaced. PASSED AND ADOPTED this 27t11 day of Aug�st, 2013, Regular Meeting of fil�e Plaruling Coirunission of the City of Cupertino,State of California,Uy fhe followulg roll caIl vofe: AYES: COMMISSIONERS: NO�S: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Gary Chao Doi-�Suaz Cifiy P1a1�1er Chair, Plaruli�lg Cornlnissioll G:1PlanniazglPDREFORTIRES12Q131ASA-20I3-Qb res,doc 159 TR-2013-35 CTTY OF CUPERTINO 1p300 Torre Avei2ue Cupertino, CaIifornia 95Q14 DRAFT RESOLUTiON OF THE PLANN�NG COMMISSION OF THE CITY OF CUPERTINO APPROVING A TREE REMOVAL PERMIT T�ALLOW THE REMOVAL AND REPLACEM�NT OF �NE 32" DIAMBTER PINE TREE TO FACILITATE TH� CONSTRUCTION OP A DETACHED SIDEWALK AND ASSOCIATED SITE iMPROVEMENTS LOCAT�D AT 10011 N.FOOTHILL BOULEVARD S�CTION I: PROJECT DESCIt�PTION &REC7TA�LS AppIication No(s).: TR-2013-35 Applicant: Leollard Ataide (Poothill Cornmercial Co11do Association) Location: 7.0011. N. Footllill Soulevard (APN 342-40-996) Subject: Tree Removal Permif (TR-2013-35) to allow the reinoval a11d re�iacement of one 32" diaxxieter pine tree to facilitate �11e consfiructian of a detached sidewa�k and assoc�ated sife unprovements located a� �0011 N. Foot��ilJ Boulevard. WHEREAS, the Plaruzing Cammission of the City o€ Cupertino received an applicafion for a Tree Re�noval Perrnit as d�scribed i�z Seetion I, o#this Resolutio�z; and WHEREAS, fi11e ilecessary public 1lotices 11a�e been givell as required l�y t11e Proc�dural Ordi�iance af the City of Cuperfulo, and t11e Plaiulzng Coz�nzx�zsszo�held a public l�.eari�g o�� August 27, 2013 i�1 regard to the application; and NOW,THEREPORE, BE�T'RES�LV�D: After carefizl consideration of the, inaps, facts, exhibits, festimony and other evidence suUr�itted u� t11is matter, the Pla�znuzg Com�nission hereby approves A�plicafion No. TR�2013�35 i�ased u�on the fuldulgs described in secfiion II of this resolutioll, the public 1leari�lg record a��d the Mi�lufes of Plaruling Cozn�nisszon Meeti��g of August 27, 201.�, az�d su.bjecfi to t11e conditi.ox�s s�aeci�'ied in sectiorl III of t11is resolution. SECTION II: FINDINGS Pr.us�an� to section 14.18.18fl of the Cupertillo M�u�ici�al Code, the 32" pi��e tree ca�1 cause potential damage to existing or proposed essential structures and caiu�ot be controlled or re�nedied th�ougll reasonabl.e xelocatioa� or z�nodification of the strucfiure or utilify services. 160 Draft ResoIution TR-2013-35 August 27,2073 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. AT'PROVED EXH�BITS Appraval is based on the plan set received Augusf 2, 2Q�3 conszsting af four sheets entitled "�xistulg Site Plan", "Site Improvement Pian", "Replacemez�t Deck Plan", and "Replacement Deck Detail.s" except as�nay be amendec��y conditiax�s zn�11is resolu�ion. 2. ACCURACY 4�PRQTECT 1'LANS Tl�e applicant/property owner is res�onsible to verify all perfinent property data includi�lg but i�ot limifed to property boundary locatio�ls, building setbacks, properfy size, bui.lding square faofage, azly reIevan� easements and/or cor�struction records. Ai1y rnisreprese�ltatiall o� arly pro�erty data may invalidafe t�1is approval and irEay require additiaaaal zeview. 3. ANNOTATION OF THE CONDITIONS O�APPROVAL 'The corlditions af approval set forfll shall be incor�orated into and ai-�notated on the first page of t�1e building pians. 4. TREE PROTECTION The existing trees fio rernain shall be protect�d duri��g coizstruction �er tlze City's Protected Tr.ee Ordinance (Chaptex 1.4.�8 0�t��e xn.u�lzcipal code). Tl1e Ci�y's stalldard firee profection lneasures s1�aI1 be Iisted on the plai�s, and protecfiive fencing shaIl be u�stalled around the trees to zexziai�.1 rit� or to issuance o�building perinits. A report ascertainuzg the good health af these trees shall Ue provided prior to issuance of final occu�aanc�r. 5. ��NAL LANDSCAPE PLAN Prior f.o issuance of building �ermits, �11e ap�Iicaz�t s1ZaJ.I subzx�zt a �inal laz�dscaping plan u1 conformance with the City's Landscape Ordulance (Chapter 1�.15). rf the landscapulg area (defuled by sectiorl 1�,15.030) is greater tl�a�� 2,50� squa�e feet, thea� a full Ia�ndscape pxoject suiaznittal per sectioiz 14.15.040 is required Urior to issuance of buildin�Uerinits. a. Lalldscaping screeni�lg shail�e providec�fo1 a11 air conditioiluzg unifs. b. Native and draught taleraz�t�az�dscapi�lg s11a11 be provided alollg N. Footl1i11 Boulevard. c. Two (2) twenty-four ulch box Crape Myrfle trees shall Ue �iavided as rep�acexxtiea�t trees. T11e fu1al location sha11 be determined after the location of street trees i� determined. 6. INDEMNIFICATION Ta �Ze extent peiinit�ed by law, tlle Ap�izca�.�t shall i�ldelx�lify arld I1old Ilarmless �he City, its City Council, its Q£ficers, em�loyees and agEnts (the "�nde�rulified parties") frain and against a�.�y clai�xt, ac�ion, or praceedi�lg brought by a tllird parfy against �he indeii�nafied �arties ai�d the ap�licant to attack, set aside, or void this ordi�zance or any pe�mit or approvai autizorized 1lereby for t1�e project, includi�lg (vvitllout ]itnitatio�l) reimbursit�g tlie City its actual aftorneys' fees and costs incurred u1 defense of the litigatzo�, The City zx�ay, in its sole discretion, elect to defend aily suc11 actio�l wit11 attoi2leys of its choice. 161 Draft Resolution TR-2013-35 August 27,2013 7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forfih Ilezeizl inay inc�ude certain fees, dedication xequirezrtez��s,resexvatio�l requit°einents, and ather exactions. Pursuant to Govern�.nent Code Seetio�.t 66020(d) (�}, these Conditions constitute wri�fei-� notice of a statemer�t af t11e arnou�lt of such fees, and a description af tlle dedicatians, reservations, and o�ther exactions. You are hereby fizrther notified that the 90-day approval period in which you �nay prafest these fees, dedications, reservations, and other exaetions, pursuailt fo Gover11rne11t Code Section 66020(a),has begun. Tf yau fail fo file a protest wi#hin tllis 90-day �eriod coinpIyulg witll all of �J�e zequireinenfs of Sectian 66020,you will be legally b�rred frozn later challezlgulg such exactions. SECTION IV: CEQA REVIEW The conditianal use permif is categorically exerr�pt frorn tlle Ca�ifori�ia Enezroz�zx�en�al Quality Acf (CEQA} per section 15301 (�xisting Faci.lities) of t11e CEQA Guidelines because it ulvolves a negligib�e expa�ision af use and section 15303 (RepiacEme�t or Reconstruction) in tlzat the removal of the deck with a paved patio, removal and re�iacement of a tree, and ulstalli�lg a detached sidewaik will have substanfia�ly t�ze sa�ne p�xrpose and capacity as fhe structure replaced. PASSED AND ADOPTED t�iis 27th day of Augus�, 2013, Regular Meetuzg of the Planni�lg Cornlnissio�l of the City of Cu�erfino,State of California,by tl�e following roll call vote: AY&S: COMM�SSIONERS: NOES: C�MM�SSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Gary C11ao Do��.Suz� City Plan�iei Chair, Plannulg Coin�nission G:1Pdn�znirrglPDREPORT1RE5120231TR-2D13-35�•es.doc 162 Attachment 2 VICINITY AND L�CATIDN MAPS N.T.S. ��QU��. r�� _ � � , , � p.. 30�ft } �' � t/j ; . ' . .�—+.�c^�..�� . , ... �`�' . r � . ' . . � � . . - .. - - ' ' . � � ' � ' ' ��`^�...'...«...... �,�.�� L�,� , ,. � �'s . / �� —_ y�2� � ` .��r,....w ..�,�.�'� �'"`ae�f � — I � . . ?� . "'� ��^ . . �^ ' `�.. � f �� ro'l �'1 –� , � .;�- �, . ,,.. 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I.. � . �� ,��,r �.� r _ � � �_�� ,� -=� � � .� " ;, , ��--.�, .,, . � �� r �� „ � ej �„�,c�i�trA�4 ,:,� p k�l�a�: �•�.,, �-�� , . . y��. . ch`:'P °° .�1� �'--- �AJT '� �� n � � ,r1.��, - �� , I ,� �� , r �� ,._ �`ii \3��_:� �� 1��'� � ; �� ,, t t'�+' . �E�1� ..�.� �� C.... ��5s,� ��` t ,. I bt 4�� r 'S$� � 4'��s1�t�w'1,' Y� .,,�� , ��:ti�� ' 2U0$fti4d QUOS!'ItiC � ��•-� i.��'•�{�j7�j�¢� 7�. .M Ck�tm?:t�i.2008N�4Y7�C+� dr�T£l�A1fE15 163 Attachment 3 F�OTHILL COMMERCfAL C4NDQ ASSOCIATI4N ��011 N. FOQTHILL BLVD. CUPERTINO, CA 95014 Pro�ect Description According to the Foothilf Cvmmercia[ Cen#er Gombined Condominium Dec�aration and Covenants, Gondi��ons and Restrictions �he project document was filed wifh the o�ce of#he . Recorder of Santa Clara County on January 25, '�982. According tv �he document #he projec# was deveioped as a camrrierc�a� center, adjacent to another residentiai condominium properfy, presurnably #o be used as smal� businesses. Howe�er, according #o a!1 of�he long time owners, #he �oothill Commercial Center has never had a re�a�i business �n the complex. The project has had insurance compan�es, a machine shop, an e[ectronics manufacturer, doctors o�ces, accounting office and for the past �5 years, denta� offrces, insurance off+ces, an accounting affice, medical cfinic, children therapy eounselin� center; bu# never a retail s�ore ar restaurant. The compl�x consists of three (3) buildings, wi�h a to#aC o# thir#een �13j units, which are individually owned and each vwner ha� fifed for and been issued a business license with the City of Cupe�ino. Justification Statement The Li Family, Uni� � 13, and the KapiEa Family, �lnit '�01 , both recent owners, believe in easy a�cess #o heal#hcare for the communi�. Since �he Foo�hif! Cvmmercial Cando Center is surrounded by large residential neighborhoods it is ideally Ivcated to serve the area as a primary healthcare provider for Medicai, Dentaf and P�o�essianal Services. For the past four years the Board of Directors has taken s�eps #o increase the number of handicap parking spaces above ADA requirements and has been discuss�ng the upgrading [andscaping around the buildfng as funds become ava�iab�e. The Board af Direc#ors and all of the ofher owners of the complex are requesting that the Us� Permit des�gnation of the complex be changed f�om Comrnerc�a! to Medical Professional since that is what the complex has been a[! a�ong. 164 Aitachment 4 Businesses Located at 1Q011 N. Foothiil Bl�d. Cupertir�o, Ca 95014 Suite# Business Sqft % S�ite 101 Vacant (Kapila) 808 5.2% Suite 102 Foothill Acupuncture Center&Golden Century Institute of inedicine 1056 6.8% BL#32277 BL#31799 Suite 103 Brian Chun DDS-Only collects mail at this ofFice 870 5.6% Suite 104 Shechina World Mission Organization Z134 7.3% Suite 1D5 Foothill Medical C[inic-Dr. Gabriel Young BL#19147 1118 7_2% � � Suite 106 Foothill Medical Clinic-Dr. Gabriel Young BL#19147 948 6.1% � Suite 1Q7 Cupertino Education Association 1693 10.9% Suite 108 De�elapment is Child Play-Occupational Therapy B�#19360 901 5.8% Suite 109 Development is Child Play-Occupational Therapy B�#19360 1180 7_6% Suite 110 Kleinberg Benefits Inc. BL#26377 1227 7.9% Suite 111 Eva Martin-Long State Farm Insurance Z274 8.2% Suite 112 �onna M. Cotner D.D.S. BL#15488 1429 9.Z% Suite 113 Vacant ( Li's FamifyTrust) 1895 12.2% � '��'"��`�� , �i Ba.ep• e��_ � � Attachment 5 �� I�EXAfiOM T�ANS�O1?TATI01� CONSU�TA�TS. ��<. March 23, 2092 Piu Ghosh City of Cupertino 10300 Torre A�enue Cupertina, CA 95D14 Re: Parking Study far '!00'!1 N. Foothill Hot�levard in Cupe�tino Dear Ms. Chosh: Hexagon Transportation Car�s�ltants, inc., nas campleted a parking stuciy far the office condo at 10Q19 N, �oot�ill Boulevard in Cupertino. The f�uilding awner has expr�ssed interest i� converting #he site i�or�t general o�ce to medical offic:e. The office building at 1001'� N. Footi�ill Baulevard co�sists of approximately 17,000 square feet of gross flaor area with 66 parking spaces provi�ed on site. The purpos� of this stu�fy is ta determine whether the existing on�ite parking supply is sufficier�t to meet the pealc hour demar�d due to the cha�ge�roposed. T�e City's Parwng Ordinance requires 1 parking s�ace for e�ery 175 square feet of inedicaUdental office us�.s. Flowever, it a4lovvs a reduction ir� these parking standsrds with a parking study canducted by an independent parkingltraffic consultant. Study Methodofogy This parking study includes manual parking occupancy counts #hat were cond�cted every �alf-hour irom 8:00 AM to 5:00 PM at four exi�ting medical ofFce sites in order to capture tlie peaK medical offce parking demand (see Appendix A} and a re�iew of t+�e fnstit[�te of 1`raffic �ngineers (�T�) standards for medicai/dental �ses. Study Results Manua!Parfcing Occupancy Counts The parking surveys were canc#ucted at four medical office sites in the nefghboring City of Sunnyva�e. T�e sites chosen are �r� 5unnyvale because there were no appropriate sites in Cupertino. The criteria for choosin�sites included having a ciistinc�parking Iot for the medical use. The parking surveys shaw peak parfcir� occupancy in the mor�iRg between 11:00 AM and 12:00 �M. The peak hour paricing demand for the August counts ha�e been adjusted for seasonal variatioh in patient v�si#s. A study in the Annals of Family Medicine finds that tt�e percentage of total patient visits is 23.4% in summer, 26.2% in fall, 25.1% in wir�ter ar�d 25.3°/a in spring based on tt�e estimated number of patient visits to L1S FaEnily Physicians per yea�by season beiween �t 996 and 1998.' Affer adjttsting for seasonal�ariation in patier�t visits,the parking dema�d generat�d for the medical o#fices was absarved ta be batween 1 car per 250 sq�are feet and 1 qr per 400 square fe�t. Because of the largs variance ir�the obsenred peak hour parking demand, the highest obser�ed peak hour par�ing ratio of 1 car per 250 square feet was �sed to represent a c:onservativ�analysis. Based on this park��g demand of 'f car per 250 sc;uare feet, the office building at 90011 N. Foothi�i 8ou[e�ard should have 88 par�itig spaces in order to meet the peak hour parking dema�d g�ne�ated by a medical ofFice building. 'Wilsan D.Pace,MD,L.Miriam Dickinsoni,PhD,snd Elizabeth W. 5taton,MSTC."Seasonal Variation in Di$gnoses and Visits Eo Family Physicians." Annals afFamrlyMedieine 2 no. S(September 2004):411-417. iii W.St.lohn 5treet,Suite 850•San Jose,California 95113 phone 408.971.G100•iax 408.97L6102•w+uw.hextrans.com 166 �� Ms.Piu Ghash Mareh 23,2D12 �I Page 2 af 3 lnstrfu�e of 7'ransportation Er�gineers (fTE) Parking Generafion The aver�e pa�king supply ra#ia for a Medicai-�ental O�ice 8u[lding (IT� land use code 720) is 4.0 spaces per 1,000 square feet of gross floor area (1 spaoe per 25D sc�uare feet.) trased on the I7E Parking Generation Manual, 4"' edition. These rates are based an parking studies collec#ed frorn approximately 77 meciical-dental office buildi�g sites surveyed t�rougho�tE the United States a�d Canada. This indicates that the project wo�ld need B8 parking spaces. Fiowever, the average peaEc p�riod paricing demand for this type of use as determined by the f�E r�anual is 3.20 vehiclas per 1,000 squaoe feet. 8asecf on this average peak period park�ng dEmand rate, the project wo�ticf require 55 pariting spaees to accomr�odate the peak pe�iod �arking demand. Conciusion Based on the man�al par�ing survey of four sites, #he project would nesd 68 parking spaces. Mowever, it should be noted that the peak demar� for this study is hased on the �ighest parking demand ratio which has also been adjusted for seasonal�ariation to a�fow for the most canservative parking demand ratio. Qn the ot�er hand, baseci on the I�'E Parking Generation, as abserved from 77 parking surveys in the �nEted States and Canada, 55 spaces wi�l be adequate to meet the proposed project, It is our opinion that 66 spac�,s is adequat� to har�dfe the peak parking demand af #he medical uses pro�osed for this office building. We appreciate the opportunity to do this parking anaiysis for you. Please do not hesitate to contad �s if add�tional information is needed. 5incerely, H�XAGON TRANSPQRTATION CONStJLTAfVTS, lNC. � � � �v "� Trisha �]udala, P.�.,Associate 167 �� Ms. Pic� Ghosh March Z3,2012 �� Page 3 of 3 Apper�dix A Location and time of Parking Surveys: 9. 500 E, Remington �rive on Tuesday, August 9, 2011 2. 401 Oid San Franoisco Road on Tuesday,August 9, 2�11 3. 877 W. �remont Ave�ue on T#tursday, January 12, 2E�12 4. 637�. Rer�i�gton�rive on Thursday, Ja�uary 12, 2012 Tabie 1 Medical O�ces�'aiki��Si��eti- _ �,�� _ � � 7..i:.i=..�:g 1'E 2�3 G� ;37 Feet 76224 T3S1k te136 309R0 tarMn9�l� �P��q�Pa 157 aq.}[ 1 pukln9 epaoe Per 250 sqJ[ 1 puldnQ sP�e P��s4k 1 P��- Rrvay s p[un prrlud 8:qp-$:3Q q1A 34 �45 41 27 8'3Q-9:O�+UN 53 34[7 42 4& SbR-t30 A!R 61 �93 44 54 .30-10:OD AfA 61 342 4S 85 40:06-48:301VN 67 �96 46 71 S03Q-41:00 AtA 69 2ft:i 47 72 f 1:OD-4l:30 AM B8 210 47 T4 1136-S2Di1 PM 63 202 48 72 12:OQ-52�0 PIfA 57 18B 43 67 sz:aa-s:oo w.+ 52 137 43 56 1:f10-1:30 PM 3S 121 37 48 i:30-700 PM �9 156 4D 49 2€10-230 PM 57 �73 46 62 230-3:00 PFA 56 �7� 38 86 3:f10-3:30 PM 61 170 44 63 ;3i3-4:00 PI�S 60 �77 43 64 4:D0-4:30 PM 56 �7a 35 61 4:3p-5:00 PM 51 �6q 28 61 Peqt F1qr PaAcYig 69 29q 18 74 Pot Hw Pa�tdnp S��orrF VarY�6on Ad�aCnen[ } 74 240 19 79 ��RfY 1 250 R 'E 360 ft 1 �O6 1t 1 400 1t 168 Attachment 6 Existing Site Plan - Received: 8/2/13 r--_— _ Ens,��.�,��EO��R�s., � �_�r 70011 N FOOTHILL HLVO,Cl1PERiINO,CA 95014 �� ' � � I Su{FE7n! 65VfTEk73 .'i ' � .. .___. � . 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Y-...--.�.t--.= � \ � ,.,� � _ �f �� ! �G,.��Ql� � /' � '� < �� {�� Q �.� � � �� N � �f� ��.�� w �� f'� t ,,,,,J�'C,�'tc�.��r� .. � � � •� � � N � �. � . � � � � ' � " i,.....-+�A �i � ��` , � � � � i...- ' � � � � � _ ��- '�_. � - ��,� c.��.��-.� —� :�� -� � , ; � '� � � ,. � . . . ; .�, . �;,�� - �� . � . . -� �re�� .�� a�,.a�� ...�.ar� . �' (3 ^� OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPEP�TINO,CA 95014-3255 (408)777-3308 •FAX(408)777-3333 • pllnningC�ctipertino.org CUPERTINO Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesday, August 27, 2013 Heart of the Cit,��date On August 20, 2013 the City Council held a study session to consider the scope of potential amendments to the Heart of the City Specific Plan. The Council directed staff to proceed with the public process to clarify setback requirements for corner parcels. Other potential amendments or clarifications will be further reviewed and may be directed by the Council at a later date. The Planning Commission will have the opportunity to review and discuss all amendments to the Heart of the City Specific Plan. Upcoming Dates: Date Event Time Location Wednesday, August 28 Commissioners 6:00 p.m. Community Hall Dinner Friday, August 30 Cinema at Sundown 8:30 p.m. Memorial Park "Thor" Am hitheater 173