5_EnvironmentalAnalysisPLACEWORKS 5-1
Environmental Analysis 5.
DISCUSSION OF ENVIRONMENTAL EVALUATION
The General Plan EIR included an analysis of the project site with an increase of 820 units and a maximum
height of 85 feet. The cumulative impacts, in conjunction with overall General Plan buildout, were
evaluated as part of the General Plan EIR. The proposed project is anticipated to be complete in 2020;
thus, this Initial Study presents a focused analysis to evaluate the near‐term impacts of the proposed
project under existing and cumulative conditions.
Consistent with the analysis presented in the General Plan EIR, and due to the proposed project’s location
in an urbanized city setting, the project would not have a significant effect on Agriculture, Forestry or
Mineral Resources. Maps prepared pursuant to the Farmland Mapping and Monitoring Program of the
California Resources Agency categorize land within Cupertino as Urban and Built‐Up Land.1 In addition,
according to 2006 mapping data from the California Department of Forestry and Fire Protection, the city
does not contain any woodland or forestland cover.2 Finally, the city does not contain land zoned for
farmland or timberland production.3 Consequently, there would be no impacts with regard to agriculture
and forestry resources. The project site is within an area designated as Mineral Resource Zone 3, which is
an area containing mineral deposits for which the significance cannot be evaluated from available data.4
Consequently, because the site has been developed and is not considered suitable for protection or
conservation, there would be no impacts to mineral resources. For these reasons, these topics are not
discussed further in this Initial Study.
Items identified in each section of the environmental checklist below are discussed following that section.
Required mitigation measures are identified where necessary to reduce a projected impact to a level that
is determined to be less than significant. All impacts were found to be less than significant or less than
significant with mitigation.
1 California Resources Agency, Farmland Mapping and Monitoring Program. Santa Clara County Important Farmland 2010,
accessed on March 1, 2016.
2 California Department of Forestry and Fire Protection Fire and Resource Assessment Program, Land Cover Map,
accessed on March 1, 2016.
3 City of Cupertino, Zoning Map, http://www.cupertino.org/index.aspx?page=291, accessed on March 1, 2016.
4 City of Cupertino, General Plan (Community Vision 2015–2040, Chapter 6, Environmental Resources and Sustainability,
Figure ES‐2, Mineral Resources.
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I. AESTHETICS
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited
to, trees, rock outcroppings, and historic buildings within a State
scenic highway?
c) Substantially degrade the existing visual character or quality of
the site and its surroundings?
d) Create a new source of substantial light or glare that would
adversely affect day or nighttime views in the area?
GENERAL PLAN EIR
Chapter 4.1, Aesthetics, of the General Plan EIR, addresses the impacts to visual resources associated with
a maximum building height of 85 feet permitted on the project site, and impacts were found to be less
than significant.
EXISTING CONDITIONS
The project site contains a large open space field, a swimming pool, and 10 3‐story, residential buildings
housing containing a total of 342 apartment units over podium parking that are approximately 40 feet tall.
These existing buildings are articulated and provide treatment to building massing and form. The site is
immediately bordered by mature trees ranging in height from 15 to 80 feet, the Apple Campus 2 (AC2),
currently under construction, to the north and east; Interstate 280 (I‐280) to the south; and North Wolfe
Road with the mainly 1‐story (Cupertino Village), the 3‐story Arioso Apartment community, Marriot
Courtyard Inn, and the 4‐story Hilton Garden Inn located across the street to the west.
DISCUSSION
a) Would the proposed project have a substantial adverse effect on a scenic vista?
As discussed in Chapter 4.1, Aesthetics, of the General Plan EIR, the proposed project would have the
potential to affect scenic vistas and/or scenic corridors if the new intensified development on the project
site blocked views of areas that provide or contribute to such vistas. Potential effects could include
blocking views of a scenic vista/corridor from specific publically accessible vantage points or the alteration
of the overall scenic vista/corridor itself. Such alterations could be positive or negative, depending on the
characteristics of the project site and the subjective perception of observers.
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Public views of scenic corridors are views seen along a linear transportation route and public views of
scenic vistas are views of specific scenic features. Scenic vistas are generally interpreted as long‐range
views, while scenic corridors are comprised of short‐, middle‐, and long‐range views. The General Plan
does not have designated scenic corridors or vistas. However, for purposes of this analysis, the westward
views of the foothills and ridgelines of the Santa Cruz Mountains are considered scenic vistas, and the
segment of I‐280 from Santa Clara County line on the west to I‐880 on the east also is considered a scenic
corridor.
The analysis in the General Plan EIR found that an increase of building height to 85 feet would result in a
less‐than‐significant impact to the long‐range views of the Santa Cruz Mountain Range and foothills
because the maximum heights of the existing on‐site and surrounding buildings and mature trees, which
range from 15 to 80 feet, currently limit the opportunity for views of scenic vistas from street‐level public
viewing and because the project location is not considered a destination public viewing point nor is it
visible from scenic vistas.
As described in Chapter 3, Project Description, of this Initial Study, the existing buildings would be
removed and replaced by the proposed buildings that would consist of six and seven‐story buildings over
two levels of below‐grade parking and 1.5 levels of at‐grade parking, and would be 75 feet tall at the
highest point. All of the existing trees would be removed from the site with the exception of the redwood
trees that surround the perimeter of the project site and range in height from 15 to 80 feet. Figure 5‐1
illustrates the relationship between the proposed project and these perimeter‐trees.
Because the proposed project would involve height increases that are less than what was evaluated in
then General Plan EIR, and because existing conditions currently limit views of scenic resources combined
with the fact that the site and surrounding areas are not destination viewing locations, impacts would
remain consistent with the conclusions in the General Plan EIR and would be less than significant.
b) Would the proposed project substantially damage scenic resources, including, but not limited to, trees,
rock outcroppings, and historic buildings within a State scenic highway?
As discussed in Chapter 4.1, Aesthetics, of the General Plan EIR, the segment of I‐280 in Cupertino is not
an officially designated State Scenic Highway, but is considered to be an eligible to be designated as a
State Scenic Highway. Any views of the mountains are currently impeded by the existing tree canopy along
North Wolfe Road as well as the three‐story Arioso Apartment complex from North Wolfe Road, but there
would be no changes from the I‐280 viewshed since the freeway is located south of the site and the
project site is not visible from that location. On the east side of North Wolfe Road, the taller heights of the
proposed project may marginally impede views of the Santa Cruz mountains for the future users of AC2,
but not from the I‐280 view shed because the freeway is located south of the site. Impacts to views of
scenic resource from the I‐280 view corridor were determined to be less than significant in the General
Plan EIR.
Existing Building
Parapet
Accessory Architectural Feature
Existing Building
Note: Existing trees to remain as part of the project.
Figure 5-1
Simulated Height from the Street Level Perspective
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Similar to the discussion above, because the project proposes height increases that would be less than
what is evaluated in then General Plan EIR and existing conditions currently limit views of scenic
resources, including those from the I‐280 viewshed, impacts would remain consistent with the
conclusions in the General Plan EIR and would be less than significant.
c) Would the proposed project substantially degrade the existing visual character or quality of the site
and its surroundings?
As discussed in criteria (a) and (b) above, the proposed project would not result in a substantial change to
the existing visual character of the site or its surroundings. The project would result in a change from the
existing three story, multi‐family residences to a six‐ to seven‐story multi‐family residential; however, as
stated above in criterion (a) and shown on Figure 5‐1, the redwood trees that surround the perimeter of
the project site would remain as part of the project and would preserve the existing visual setting. The
project site is separated from the surrounding one‐ to five‐story buildings to the west by North Wolfe
Road, which is made up of four‐to‐six‐lanes with a landscaped median, from AC2 to the north by the four‐
lane Pruneridge Road, and to the east by AC2. These roadways and existing landscaping would remain
intact and serve as a buffer between the project site and the surrounding land uses; thus, the existing
visual setting of surrounding land uses would remain unaltered by the project. Furthermore, the project is
subject to the City’s discretionary review processes, including the Development Permit and Architectural
and Site Approval Review, in accordance with Sections 19.12 and 19.168 of the Zoning Ordinance, which
would ensure the proposed project would harmonize with adjacent development and not degrade the
existing visual quality of the site and surrounding land uses. Accordingly, consistent with the conclusions
of the General Plan EIR, the proposed project would not substantially degrade the existing visual character
of the site and its surroundings, and impacts would remain less than significant.
d) Would the proposed project create a new source of substantial light or glare that would adversely
affect day or nighttime views in the area?
Nighttime illumination and glare impacts are the effects on adjoining uses and areas of a project’s exterior
lighting. Light and glare impacts are determined through a comparison of the existing light sources with
the proposed lighting plan or policies. As discussed in Chapter 4.1, Aesthetics, of the General Plan EIR, the
project site and surrounding area contain many existing sources of nighttime illumination. These include
street and parking area lights, security lighting, and exterior lighting on existing commercial buildings.
Additional onsite light and glare is caused by surrounding land uses and traffic on surrounding roadways.
As described in Chapter 3, Project Description, of this Initial Study, the source, intensity, and type of
exterior lighting for the project site would be typical for orientation and safety needs. All on‐site lighting
would be low‐level illumination and shielded to reduce light spill or glare. In landscaped and paved areas,
light sources would be concealed and not visible from public views. All exterior surface and above‐ground
mounted fixtures would be sympathetic and complementary to the architectural theme. The roadway and
landscaping surrounding the project discussed in criterion (c), above, would act as buffer to prevent light
spilling on to adjacent land uses. For these reasons, and because the project proposes less development
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than what was evaluated in then General Plan EIR, impacts would remain consistent with the conclusions
in the General Plan EIR and would be less than significant.
II. AIR QUALITY
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Conflict with or obstruct implementation of the applicable air
quality plan?
b) Violate any air quality standard or contribute substantially to an
existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any criteria
pollutant for which the project area is in non‐attainment under
applicable federal or State ambient air quality standards
(including releasing emissions which exceed quantitative
Standards for ozone precursors or other pollutants)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial number of
people?
GENERAL PLAN EIR
Chapter 4.2, Air Quality, of the General Plan EIR, addresses the air quality impacts associated with
intensified development of the project site. Air quality impacts are found to be significant and unavoidable
in the General Plan EIR and requires the City to implement General Plan EIR Mitigation Measures AQ‐2a,
AQ‐2b and AQ‐4b, which are project‐specific mitigation measures that would reduce construction‐related
impacts and to ensure that mobile sources of toxic air contaminants (TACs) that are not covered under the
Bay Area Air Quality Management District (BAAQMD) permits are considered during subsequent project‐
level environmental review.
While Chapter 4.2, Air Quality, of the General Plan EIR addresses the impacts associated with 820 new
units compared to the proposed project’s 600 units, the analysis was performed at a program level. This
section analyzes the types and quantities of air pollutant emissions that would be generated by the
construction and operation of the proposed project. An update to the background discussion on the air
quality regulatory setting, meteorological conditions, existing ambient air quality in the vicinity of the
project site, and air quality modeling is in Appendix D, Air Quality and Greenhouse Gas Emissions, to this
Initial Study. The health risk assessment (HRA) is in Appendix E, Health Risk Assessment, to this Initial
Study.
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EXISTING CONDITIONS
Air Pollutants of Concern
Criteria Air Pollutants
Pollutants emitted into the ambient air by stationary and mobile sources are regulated by federal and
State law under the National and California Clean Air Act, respectively. Air pollutants are categorized as
primary and/or secondary pollutants. Primary air pollutants are those that are emitted directly from
sources. Carbon monoxide (CO), reactive organic gases (ROG), nitrogen oxides (NOx), sulfur dioxide (SO2),
coarse inhalable particulate matter (PM10), fine inhalable particulate matter (PM2.5), and lead (Pb) are
primary air pollutants. Of these, all of them except for ROGs are “criteria air pollutants,” which means that
ambient air quality standards (AAQS) have been established for them. The National and California AAQS
are the levels of air quality considered to provide a margin of safety in the protection of the public health
and welfare. They are designed to protect those “sensitive receptors” most susceptible to further
respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by
other disease or illness, and persons engaged in strenuous work or exercise. Healthy adults can tolerate
occasional exposure to air pollutant concentrations considerably above these minimum standards before
adverse effects are observed.
Toxic Air Contaminants
In addition to criteria air pollutants, both the State and federal government regulate the release of TACs.
The California Health and Safety Code define a TAC as “an air pollutant which may cause or contribute to
an increase in mortality or in serious illness, or which may pose a present or potential hazard to human
health.” A substance that is listed as a hazardous air pollutant pursuant to Section 112(b) of the federal
Clean Air Act (42 United States Code Section 7412[b]) is a toxic air contaminant. Under State law, the
California Environmental Protection Agency (CalEPA), acting through the California Air Resources Board
(CARB), is authorized to identify a substance as a TAC if it determines that the substance is an air pollutant
that may cause or contribute to an increase in mortality or serious illness, or may pose a present or
potential hazard to human health.
Where available, the significance criteria established by the BAAQMD are relied upon to make the
determinations discussed below.
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DISCUSSION
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
As discussed in Chapter 3, Project Description, of this Initial Study, the project site is one of the five
Priority Housing Element sites in the City’s adopted Housing Element5 to accommodate the Regional
Housing Needs Allocation (RHNA) for the 2014 ‐ 2022 planning period and meet the City’s fair‐share
housing obligation of 1,064 units. As described in the Housing Element, the maximum density on the
project site is 85 dwelling units per acre and the realistic capacity is a net increase of 600 units.6 An
increase of 600 units is proposed. As discussed in Chapter 4, General Plan EIR Consistency Analysis, the
proposed project would not exceed the level of population or housing projected in City or regional
planning efforts, and it would not have the potential to substantially affect housing, employment, and
population projections within the region, which is the basis of the 2010 Bay Area Clean Air Plan
projections. Furthermore, the net increase in regional emissions generated by the proposed project would
be less than the BAAQMD’s emissions thresholds with mitigations (see criterion (b) below). These
thresholds were established to identify projects that have the potential to generate a substantial amount
of criteria air pollutants. Because the proposed project would not exceed these thresholds, the proposed
project would not be considered by the BAAQMD to be a substantial emitter of criteria air pollutants.
Therefore, the proposed project would not conflict with or obstruct implementation of the 2010 Bay Area
Clean Air Plan and impacts would be considered less than significant.
b) Would the project violate any air quality standard or contribute substantially to an existing or
projected air quality violation?
BAAQMD has identified thresholds of significance for criteria pollutant emissions and criteria air pollutant
precursors, including ROG, NOx, PM10, and PM2.5. Development projects below the significance thresholds
are not expected to generate sufficient criteria pollutant emissions to violate any air quality standard or
contribute substantially to an existing or projected air quality violation. The following describes changes in
regional impacts from short‐term construction activities and long‐term operation of the proposed project.
Construction Impacts
Construction activities produce combustion emissions from various sources, such as on‐site heavy‐duty
construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the
construction crew. Site preparation activities produce fugitive dust emissions (PM10 and PM2.5) from
demolition and soil‐disturbing activities, such as grading and excavation. Air pollutant emissions from
5 The City’s 2014‐2022 Housing Element was adopted on May 19, 2015.
6 Cupertino 2014‐2022 Housing Element, Table HE‐5, Summary of Priority Housing Element Sites To Meet The RHNA‐
Scenario A.
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construction activities on site would vary daily as construction activity levels change. Construction
activities associated with the project would result in emissions of ROG, NOx, CO, PM10, and fine PM2.5. The
project site was developed in 1998 and does not contain any asbestos‐containing materials (ACM) or lead‐
based paint (LBP), which have been regulated in construction since the early 1970’s as explained below in
Section VII, Hazards and Hazardous Materials.
Fugitive Dust
Ground disturbing activities during construction would generate fugitive dust. Fugitive dust emissions
(PM10 and PM2.5) are considered to be significant unless the proposed project implements the BAAQMD’s
Best Management Practices (BMPs) for fugitive dust control during construction. PM10 is typically the most
significant source of air pollution from the dust generated from construction. The amount of dust
generated during construction would be highly variable and is dependent on the amount of material
being disturbed, the type of material, moisture content, and meteorological conditions. If uncontrolled,
PM10 and PM2.5 levels downwind of actively disturbed areas could possibly exceed State standards.
Consequently, impacts related to fugitive dust would be less than significant with the implementation
Mitigation Measure AQ‐1a.
Mitigation Measure AQ‐1a: The project’s construction contractor shall comply with the following Bay
Area Air Quality Management District (BAAQMD) Best Management Practices (BMPs) for reducing
construction emissions of fugitive dust (PM10 and PM2.5):
Water all active construction areas at least twice daily, or as often as needed to control dust
emissions. Watering should be sufficient to prevent airborne dust from leaving the site. Increased
watering frequency may be necessary whenever wind speeds exceed 15 miles per hour.
Reclaimed water should be used whenever possible.
Pave, apply water twice daily or as often as necessary to control dust, or apply (non‐toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.
Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least two feet of freeboard (i.e., the minimum required space between the top of the load and
the top of the trailer).
Sweep daily (with water sweepers using reclaimed water if possible) or as often as needed all
paved access roads, parking areas and staging areas at the construction site to control dust.
Sweep public streets daily (with water sweepers using reclaimed water if possible) in the vicinity
of the project site, or as often as needed, to keep streets free of visible soil material.
Hydroseed or apply non‐toxic soil stabilizers to inactive construction areas.
Enclose, cover, water twice daily, or apply non‐toxic soil binders to exposed stockpiles (dirt, sand,
etc.).
Limit vehicle traffic speeds on unpaved roads to 15 miles per hour (mph).
Replant vegetation in disturbed areas as quickly as possible.
Install sandbags or other erosion control measures to prevent silt runoff from public roadways.
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Adherence to the BAAQMD’s BMPs for reducing construction emissions of PM10 and PM2.5 would ensure
that ground‐disturbing activities would not generate a significant amount of fugitive dust. Fugitive dust
impacts would be less than significant with implementation Mitigation Measure AQ‐1a.
Implementation of Mitigation Measure AQ‐1a is required per General Plan EIR Mitigation Measure AQ‐2a
that was previously adopted by the City and incorporated into the General Plan. Mitigation Measure AQ‐
1a will be made a condition of project approval.
Construction Exhaust Emissions
BAAQMD’s CEQA Guidelines identifies screening criteria for construction‐related criteria air pollutant
emissions for an “apartment, mid‐rise” development with 240 dwelling units. Mid‐rise apartment
developments with 240 dwelling units or more have the potential to generate a substantial increase in
criteria air pollutant emissions and would need further analysis.7 The proposed project would also be
adding underground parking to the apartment buildings.
The proposed project would exceed the screening criteria for mid‐rise apartment development as it would
construct 942 dwelling units, involve demolition activities, and require soil export for the underground
parking. Therefore, a quantified analysis of the proposed project’s construction emissions was conducted.
Construction emissions are based on the construction schedule and equipment list provided by the
project applicant. The proposed project is estimated to take approximately 38 months. To determine
potential construction‐related air quality impacts, the average daily criteria air pollutants emissions
generated by the proposed project‐related construction activities are compared to the BAAQMD
significance thresholds in Table 5‐1. Average daily emissions are based on the annual construction
emissions divided by the total number of active construction days.
As shown in Table 5‐1, except for NOx, criteria air pollutant emissions from construction equipment
exhaust would not exceed the BAAQMD average daily thresholds.
Mitigation Measure AQ‐1b: During construction, the construction contractor(s) shall use construction
equipment fitted with engines that meet the United States Environmental Protection Agency (US
EPA)‐Certified Tier 3 emissions standards for equipment of 50 horsepower or more. The construction
contractor shall maintain a list of all operating equipment in use on the project site for verification by
the City of Cupertino Building Division official or their designee. The construction equipment list shall
state the makes, models, and number of construction equipment onsite. Equipment shall properly
service and maintain construction equipment in accordance with the manufacturer’s
7 Bay Area Air Quality Management District (BAAQMD), 2011 Revised, California Environmental Quality Act Air Quality
Guidelines.
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recommendations. The construction contractor shall also ensure that all nonessential idling of
construction equipment is restricted to five minutes or less in compliance with CARB Rule 2449. Prior
to issuance of any construction permit, the construction contractor shall ensure that all construction
plans submitted to the City of Cupertino Planning Department and/or Building Division clearly show
the requirement for US EPA Tier 3 or higher emissions standards for construction equipment over 50
horsepower.
TABLE 5‐1 CONSTRUCTION‐RELATED CRITERIA AIR POLLUTANT EMISSIONS ESTIMATES
Year
Criteria Air Pollutants (tons/year)a
VOC NOx
Fugitive
PM10
b
Exhaust
PM10
Fugitive
PM2.5
b
Exhaust
PM2.5
b
2017 1 8 <1 <1 <1 <1
2018 1 8 2 <1 <1 <1
2019 1 5 1 <1 <1 <1
2020 15 4 1 <1 <1 <1
Total 18 24 4 1 1 1
Criteria Air Pollutants (average lbs/day)a
Average Daily Emissionsc 43 57 10 2 3 2
BAAQMD Average Daily Project‐
Level Threshold 54 54 BMPs 82 BMPs 54
Exceeds Average Daily Threshold No Yes NA No NA No
Notes: Emissions may not total to 100 percent due to rounding. BMP = Best Management Practices; NA = not applicable
a. Construction phasing and equipment mix are based on the preliminary information provided by the project applicant. Where specific information
regarding Project‐related construction activities was not available, construction assumptions were based on CalEEMod defaults, which are based on
construction surveys conducted by South Coast Air Quality Management District of construction equipment and phasing for comparable projects.
b. Includes implementation of BMPs for fugitive dust control required by BAAQMD as mitigation, including watering disturbed areas a minimum of two
times per day, reducing speed limit to 15 miles per hour on unpaved surfaces, and street sweeping.
c. Average daily emissions are based on the total construction emissions divided by the total number of active construction days. The total number of
construction days is estimated to be 838.
Source: CalEEMod 2013.2.2.
Table 5‐2 shows the emissions that would be generated with the implementation of Mitigation Measure
AQ‐1b. Mitigation Measure AQ‐1b requires using construction equipment with Tier 3 engine. As shown in
Table 5‐2, the results indicate that with mitigation, emissions for NOx would be reduced to below the
BAAQMD average daily thresholds. Therefore, impacts from project related construction activities to the
regional air quality would be less than significant with implementation of Mitigation Measure AQ‐1b.
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TABLE 5‐2 CONSTRUCTION‐RELATED CRITERIA AIR POLLUTANT EMISSIONS ESTIMATES ‐ MITIGATED
Year
Criteria Air Pollutants (tons/year)a,d
VOC NOx
Fugitive
PM10
b
Exhaust
PM10
Fugitive
PM2.5
b
Exhaust
PM2.5
b
2017 <1 5 <1 <1 <1 <1
2018 1 6 2 <1 <1 <1
2019 1 4 1 <1 <1 <1
2020 15 3 1 <1 <1 <1
Total 17 19 4 1 1 1
Criteria Air Pollutants (average lbs/day)a
Average Daily Emissionsc 40 45 10 2 3 1
BAAQMD Average Daily Project‐
Level Threshold 54 54 BMPs 82 BMPs 54
Exceeds Average Daily Threshold No No NA No NA No
Note: Emissions may not total to 100 percent due to rounding.
BMP: Best Management Practices; NA: not applicable
a. Construction phasing and equipment mix are based on the preliminary information provided by the project applicant. Where specific information
regarding project‐related construction activities was not available, construction assumptions were based on CalEEMod defaults, which are based on
construction surveys conducted by South Coast Air Quality Management District of construction equipment and phasing for comparable projects.
b. Includes implementation of BMPs for fugitive dust control required by BAAQMD as mitigation, including watering disturbed areas a minimum of
two times per day, reducing speed limit to 15 miles per hour on unpaved surfaces, and street sweeping.
c. Average daily emissions are based on the total construction emissions divided by the total number of active construction days. The total number
of construction days is estimated to be 838.
d. Incorporates Mitigation Measure AQ‐1b, which includes using construction equipment with Tier 3 engines.
Source: CalEEMod 2013.2.2.
Implementation of Mitigation Measure AQ‐1b is required per General Plan EIR Mitigation Measure AQ‐2b
that was previously adopted by the City and incorporated into the General Plan. Mitigation Measure AQ‐
1b will be made a condition of project approval.
Operation-Related Impacts
Long‐term air pollutant emissions generated by a residential development are typically associated with
the burning of fossil fuels in cars (mobile sources); energy use for cooling, heating, and cooking (energy);
and landscape equipment use and household products (area sources). The primary source of long‐term
criteria air pollutant emissions generated by the project would be emissions produced from project‐
generated vehicle trips.
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BAAQMD’s CEQA Guidelines identifies screening criteria for operation‐related criteria air pollutant
emissions for an “apartment, mid‐rise” development with 494 dwelling units. Mid‐rise apartment
developments with 494 dwelling units or more have the potential to generate a substantial increase in
criteria air pollutant emissions and would need further analysis.8 The proposed project would exceed the
BAAQMD screening criteria for mid‐rise apartment development. Therefore, a quantified analysis of the
proposed project’s operation emissions was conducted.
The project would generate a net total of 4,020 average daily trips during a weekday. Table 5‐3 identifies
the increase in criteria air pollutant emissions associated with the proposed project. As shown in Table 5‐
3, the net increase in operational emissions generated by the proposed project would not exceed the
BAAQMD daily or annual thresholds. Consequently, the proposed project would not cumulatively
contribute to the nonattainment designations of the Air Basin. Impacts from project related operation
activities to the regional air quality would be less than significant and no mitigation measures would be
required.
TABLE 5‐3 OPERATION‐RELATED CRITERIA AIR POLLUTANTS EMISSIONS FORECAST
Category
Criteria Air Pollutants (average lbs/day)
ROG NOx PM10 PM2.5
Existing Average Daily
Area 12 <1 <1 <1
Energy <1 1 <1 <1
On‐Road Mobile Sources 3 3 7 2
Total 15 4 8 2
Project Average Daily
Area 45 <1 <1 <1
Energy <1 1 <1 <1
On‐Road Mobile Sources 11 10 25 7
Total 56 12 25 7
8 Bay Area Air Quality Management District (BAAQMD), 2011 Revised, California Environmental Quality Act Air Quality
Guidelines.
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TABLE 5‐3 OPERATION‐RELATED CRITERIA AIR POLLUTANTS EMISSIONS FORECAST
Category
Criteria Air Pollutants (average lbs/day)
ROG NOx PM10 PM2.5
Net Project Average Daily
Area 33 <1 <1 <1
Energy <1 <1 <1 <1
On‐Road Mobile Sources 8 7 18 5
Total 41 8 18 5
BAAQMD Average Daily Project‐Level Threshold 54 54 82 54
Exceeds Average Daily Threshold No No No No
Category
Criteria Air Pollutants (tons/year)
ROG NOx PM10 PM2.5
Existing Tons per Year (tpy) 3 1 1 <1
Project Tons per Year (tpy) 10 2 5 1
Net Project Tons per Year (tpy) 8 1 3 1
BAAQMD Annual Project‐Level Threshold 10 tpy 10 tpy 15 tpy 10 tpy
Exceeds Annual Threshold No No No No
Note: Emissions may not total to 100 percent due to rounding. New buildings would be constructed to the 2016 Building & Energy Efficiency
lbs = pounds
Standards (effective January 1, 2017). Average daily emissions are based on the annual operational emissions divided by 365 days.
Source: CalEEMod 2013.2.2. Based on year 2020 emission rates.
c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which
the project area is in non‐attainment under applicable federal or State ambient air quality standards
(including releasing emissions which exceed quantitative Standards for ozone precursors or other
pollutants)?
The San Francisco Bay Area Air Basin (SFBAAB) is currently designated as a nonattainment area for
California and National ambient air quality standards (AAQS) for ozone (O3) and for PM2.5, and a
nonattainment area under the California AAQS for PM10.9 Any project that does not exceed or can be
9 California Air Resources Board (CARB), 2014, Area Designations: Activities and Maps,
http://www.arb.ca.gov/desig/adm/adm.htm, April 17.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-15
mitigated to less than the BAAQMD significance levels, used as the threshold for determining major
projects, does not add significantly to a cumulative impact.10
The proposed project would have less than significant construction impacts (with mitigation for fugitive
dust, construction, and construction‐related off‐site community risk and hazards), operational impacts
(including 2010 Bay Area Clean Air Plan consistency, odors, and CO hotspots), and on‐site community risk
and hazards. Consequently, the proposed project’s contribution to cumulative air quality impacts would
be less than significant.
d) Would the project expose sensitive receptors to substantial pollutant concentrations?
Construction Off-Site Community Risk and Hazards
The proposed project would elevate concentrations of TACs and PM2.5 in the vicinity of sensitive land uses
during construction activities. The BAAQMD has developed Screening Tables for Air Toxics Evaluation
During Construction that evaluate construction‐related health risks associated with residential,
commercial, and industrial projects.11 According to the screening tables, construction activities occurring
within 450 feet (137 meters) of sensitive receptors would result in potential health risks and warrant a
health risk analysis. The nearest sensitive land uses in the vicinity of the proposed project is the Arioso
Apartment complex approximately 410 feet to the west of the project site. Thus, construction activities in
relation to sensitive receptors could occur within the BAAQMD construction‐related health risks screening
distance of 450 feet (137 meters). Consequently, a construction HRA of TACs and PM2.5 was prepared (see
Appendix E of this Initial Study).
A quantified analysis of the project’s construction emissions was conducted using the California Emissions
Estimator Model (CalEEMod), Version 2013.2.2. Construction emissions were based on a 38‐month
construction duration, construction schedule, and off‐road equipment list provided by the project
applicant. The United States Environmental Protection Agency (US EPA) AERMOD, Version 9.1, dispersion
modeling program was used to estimate excess lifetime cancer risk, chronic non‐cancer hazard index for
non‐carcinogenic risk, and the PM2.5 maximum annual concentrations at the nearest sensitive receptors.
Results of the analysis are shown in Table 5‐4.
10 Bay Area Air Quality Management District (BAAQMD), 2011 Revised, California Environmental Quality Act Air Quality
Guidelines.
11 Bay Area Air Quality Management District (BAAQMD), 2010, Screening Tables for Air Toxics Evaluation During
Construction, Version 1.0, May.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
5-16 APRIL 15, 2016
TABLE 5‐4 CONSTRUCTION RISK SUMMARY – UNMITIGATED
Receptor
Cancer Risk
(per million) Chronic Hazards
PM2.5
(µg/m3)a
Maximum Exposed Receptor –
Residences at Arioso Apartments 11.5 0.033 0.09
BAAQMD Threshold 10 1.0 0.3
Exceeds Threshold? Yes No No
Note: Cancer risk calculated using 2015 OEHHA HRA guidance.
a. From year 2017 which represents the highest maximum annual PM2.5 concentration.
Source: Lakes AERMOD View, 9.1 (2015).
The results of the HRA are based on the maximum receptor concentration over a 38‐month construction
exposure duration for off‐site receptors, assuming 24‐hour outdoor exposure.12 Risk is based on the
updated OEHHA Guidance:13
Cancer risk for the maximum exposed off‐site resident at the Arioso Apartments from only
construction activities related to the proposed project were calculated to be 11.5 in a million and
would exceed the 10 in a million significance threshold. Utilizing the 2015 OEHHA guidance, the
calculated total cancer risk for the off‐site residents incorporates the individual risk for infant and
childhood exposures into one risk value. Therefore, only one cancer risk value for the off‐site residents
was determined using the 2015 OEHHA Guidance Manual.
For non‐carcinogenic effects, the hazard index identified for each toxicological endpoint totaled less
than one for off‐site sensitive receptors from the proposed project. Therefore, chronic non‐
carcinogenic hazards are within acceptable limits.
The highest PM2.5 annual concentrations at the maximum exposed off‐site sensitive resident would
not exceed the BAAQMD significance threshold of 0.3 µg/m3.
Cancer risk for the maximum exposed off‐site resident would exceed BAAQMD’s significance thresholds
due to construction activities associated with the proposed project. However, Mitigation Measure AQ‐1b
requires using construction equipment with Tier 3 engine and would reduce the project’s localized
construction emissions. The mitigated health risk values were calculated and are summarized in Table 5‐5.
12 Under the 2015 OEHHA Air Toxics Hot Spots Program Guidance Manual, the exposure duration has changed from 70 years
to 30 years for operational risk to residents; however, the risk is still averaged over a 70‐year lifetime.
13 Office of Environmental Health Hazard Assessment (OEHHA), 2015. Air Toxics Hot Spots Program Guidance Manual for
Preparation of Health Risk Assessments.
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-17
TABLE 5‐5 CONSTRUCTION RISK SUMMARY – MITIGATED
Receptor
Cancer Risk
(per million) Chronic Hazards
PM2.5
(µg/m3)
Maximum Exposed Receptor – Residences
at Arioso Apartments 6.9 0.019 0.05
BAAQMD Threshold 10 1.0 0.3
Exceeds Threshold? No No No
Note: Cancer risk calculated using 2015 OEHHA HRA guidance.
a. Incorporates Mitigation Measure AQ‐1b, which includes using construction equipment with Tier 3 engines.
b. From year 2017 which represents the highest maximum annual PM2.5 concentration.
Source: Lakes AERMOD View, 9.1 (2015).
The results indicate that with mitigation, cancer risk impacts would be less than the BAAQMD’s
significance thresholds. Consequently, the project would not expose sensitive receptors to substantial
concentrations of air pollutant emissions during construction and impacts would be less than significant
with mitigation.
Mitigation Measure AQ‐2: Implement Mitigation Measure AQ‐1b.
Implementation of Mitigation Measure AQ‐1b is required per General Plan EIR Mitigation Measure AQ‐2b
that was previously adopted by the City and incorporated into the General Plan. Mitigation Measure AQ‐
1b will be made a condition of project approval.
Operation On-Site Community Risk and Hazards
The proposed project would not create new major sources of TACs. However, when siting new sensitive
receptors, the BAAQMD CEQA Guidelines recommend examining sources of TACs and PM2.5 emissions
within 1,000 feet that would adversely affect individuals within the project. Although the project by itself
would not be a major source of toxic air contaminants, vehicle traffic and other project emissions would
contribute to existing sources of TACs. Under the California Supreme Court’s decision in California Building
Industry Association v. Bay Area Air Quality Management District (2015) (CBIA v. BAAQMD), where a
project would exacerbate an existing environmental hazard, CEQA requires an analysis of the worsened
condition on future project residents and the public at large. Therefore, this analysis has been
incorporated into the environmental assessment in order for the City to consider potential health and
welfare implications from siting new sensitive receptors.
BAAQMD has developed screening tools to identify stationary and mobile sources of TACs and PM2.5 in the
vicinity of sensitive land uses, and developed screening thresholds for assessing potential health risks
from these sources. The site is adjacent to the future AC2 to the east and northeast and proximate to the
following three high volume roadways with over 10,000 vehicles per day including, I‐280, Wolfe Road, and
Pruneridge Avenue.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
5-18 APRIL 15, 2016
An HRA was prepared to evaluate the health risk impacts to future project residents from the identified
emission sources in compliance with Mitigation Measure AQ‐4b of the MMRP for the General Plan EIR.
The US EPA AERMOD, Version 9.1, dispersion modeling program was used to estimate excess lifetime
cancer risk, chronic and acute non‐carcinogenic hazard indexes, and PM2.5 concentrations for the on‐site
nearest sensitive receptors from I‐280 and Wolfe Road. Health risk impacts from Pruneridge Avenue were
identified utilizing BAAQMD’s Highway Screening Analysis Tools.14 Impacts identified for the AC2 were
provided by the HRA previously prepared by LSA Associates, Inc.15 The results of the HRA are shown in
Table 5‐6.
TABLE 5‐6 ON‐SITE RISK SUMMARY
Emissions Sources
Cancer Risk
(per million)
Chronic
Hazards
Acute
Hazards
PM2.5
(µg/m3)
Project Level Risk
I‐ 280a 1.89 0.002 0.005 0.11
Wolfe Roada 3.98 0.004 0.006 0.11
Pruneridge Avenueb 6.16 0.030 0.030 0.16
Apple Campus 2c 1.15 0.302 0.302 0.17
BAAQMD Project‐Level Threshold 10 1.0 1.0 0.3
Exceeds Threshold No No No No
Cumulative Level Risk
Total Cumulative Risk from All Sources 13.2 0.34 0.34 0.54
BAAQMD Project‐Level Threshold 100 10.0 10.0 0.8
Exceeds Threshold No No No No
Note: Cancer risk calculated using 2015 OEHHA HRA guidance.
a. Lakes AERMOD View, 9.1 (2015). Residential cancer risks for I‐280 and Wolfe Road were determined using the high‐end residency exposure duration of
30‐years (OEHHA, 2015).
b. BAAQMD Roadway Screening Analysis Calculator (2015).
c. Apple Campus 2 Project EIR, L. Air Quality (LSA Associates, Inc., 2013).
14 Bay Area Air Quality Management District. 2011. Highway Screening Analysis Tool. Santa Clara County 6‐foot elevation.
Link 288.
15 LSA Associates, Inc. 2013. Apple Campus 2 Draft EIR, L. Air Quality.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-19
The results of the HRA are based on the maximum receptor concentration for on‐site receptors.
Additionally, the calculated cancer risk is based on the updated OEHHA Guidance.16 Utilizing the 2015
OEHHA guidance, the calculated total cancer risk incorporates the individual risk for infant, childhood, and
adult exposures into one risk value. Therefore, only one cancer risk value was determined using the 2015
OEHHA Guidance Manual. Additionally, a 24 hour outdoor exposure and an exposure duration of 30 years
were assumed.17
The excess cancer risks for on‐site residents from each identified source range from 1.15 to 6.16 in
one million and are less than the 10 in one million BAAQMD significance threshold for individual
sources. Additionally, the combined excess cancer risk for on‐site residents from the identified sources
are also less than the 100 in a million BAAQMD cumulative significance threshold.
For non‐carcinogenic effects, the chronic and acute non‐carcinogenic hazard indexes identified for
each toxicological endpoint totaled less than one for on‐site residents. Therefore, chronic non‐
carcinogenic hazards are within acceptable limits.
The individual and cumulative PM2.5 annual concentrations for on‐site residents would also not exceed
BAAQMD’s significance thresholds.
Because the cancer risk, chronic and acute non‐carcinogenic hazard indexes, and PM2.5 concentrations for
on‐site receptors would not exceed the respective BAAQMD significance thresholds, health risk impacts to
future on‐site receptors are considered less than significant.
CO Hotspot Analysis
Areas of vehicle congestion have the potential to create pockets of carbon monoxide (CO) called hotspots.
These pockets have the potential to exceed the State one‐hour standard of 20 parts per million (ppm) or
the eight‐hour standard of 9 ppm. The proposed project would not conflict with the Santa Clara Valley
Transportation Authority (VTA) Congestion Management Program (CMP) because it would not hinder the
capital improvements outlined in the CMP or alter regional travel patterns. VTA’s CMP must be consistent
with the Metropolitan Transportation Commissions’ (MTC) and the Association of Bay Area Government’s
(ABAG) Plan Bay Area. An overarching goal of the regional plan is to concentrate development in areas
where there are existing services and infrastructure rather than allocate new growth in outlying areas
where substantial transportation investments would be necessary to achieve the per capita passenger
vehicle, vehicle miles traveled, and associated GHG emissions reductions. The proposed project is an infill
residential development that is in close proximity to existing employment centers, roadways, transit, and
bicycle and pedestrian routes (See Section XIV, Transportation and Circulation, below), and for these
reasons would be consistent with the overall goals of the MTC’s/ABAG’s Plan Bay Area. Furthermore,
16 Office of Environmental Health Hazard Assessment (OEHHA), 2015. Air Toxics Hot Spots Program Guidance Manual for
Preparation of Health Risk Assessments.
17 Under the 2015 OEHHA Air Toxics Hot Spots Program Guidance Manual, the exposure duration has changed from 70 years
to 30 years for operational risk to residents; however, the averaging time remains at 70 years.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
5-20 APRIL 15, 2016
implementation of the proposed project would result in a net generation of 4,020 peak hour trips on a
weekday and would not increase traffic volumes at affected intersections by more than 44,000 vehicles
per hour or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited.
Therefore, impacts associated with CO hotspots for the proposed project would be less than significant.
e) Would the project create objectionable odors affecting a substantial number of people?
The proposed project is a residential development. Construction and operation of residential
developments would not generate substantial odors or be subject to odors that would affect a substantial
number of people. The type of facilities that are considered to have objectionable odors include
wastewater treatments plants, compost facilities, landfills, solid waste transfer stations, fiberglass
manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum
refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. Residential
uses are not associated with foul odors that constitute a public nuisance.
During operation, residences could generate odors from cooking. Odors from cooking are not substantial
enough to be considered nuisance odors that would affect a substantial number of people. Furthermore,
nuisance odors are regulated under BAAQMD Regulation 7, Odorous Substances, which requires
abatement of any nuisance generating an odor complaint. BAAQMD’s Regulation 7, Odorous Substances,
places general limitations on odorous substances and specific emission limitations on certain odorous
compounds.18 In addition, odors are also regulated under BAAQMD Regulation 1, Rule 1‐301, Public
Nuisance, which states that “no person shall discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable
number of persons or the public; or which endangers the comfort, repose, health or safety of any such
persons or the public, or which causes, or has a natural tendency to cause, injury or damage to business
or property.”
During construction activities, construction equipment exhaust and application of asphalt and
architectural coatings would temporarily generate odors. Any construction‐related odor emissions would
be temporary and intermittent. Additionally, noxious odors would be confined to the immediate vicinity of
the construction equipment. By the time such emissions reach any sensitive receptor sites, they would be
diluted to well below any level of air quality concern.
Therefore, because existing sources of odors are required to comply with BAAQMD Regulation 7, impacts
to siting of new sensitive land uses would be less than significant.
18 It should be noted that while restaurants can generate odors, these sources are not identified by BAAQMD as nuisance
odors since they typically do not generate significant odors that affect a substantial number of people. Larger restaurants that
employ five or more people are subject to BAAQMD Regulation 7, Odorous Substances.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-21
III. BIOLOGICAL RESOURCES
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Have a substantial adverse effect, either directly or through
habitat modifications, on a plant or animal population, or
essential habitat, defined as a candidate, sensitive or special‐
status species?
b) Have a substantial adverse effect on any riparian habitat or other
sensitive natural community type?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act,
through direct removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any native resident
or migratory fish or wildlife species, their wildlife corridors or
nursery sites?
e) Conflict with any local ordinances or policies protecting
biological resources?
f) Conflict with an adopted Habitat Conservation Plan, Natural
Community Conservation Plan or other approved local, regional,
or State habitat conservation plan?
GENERAL PLAN EIR
Chapter 4.3, Biological Resources, of the General Plan EIR, addresses the impacts to biological resources
associated with intensified development of the project site. Impacts to biological resources are found to
be less than significant and less than significant with implementation of mitigation measures to ensure
impacts to birds protected under the Migratory Bird Treaty Act (MBTA) would not be significant. The
project is required to comply with the General Plan EIR Mitigation Measure BIO‐1 to ensure the protection
of nesting raptors and other birds when in active use, as required by the federal Migratory Bird Treaty Act
(MBTA) and the California Department of Fish and Game Code.
EXISTING CONDITIONS
The project site and surrounding area has been urbanized and now supports roadways, structures, other
impervious surfaces, areas of turf, and ornamental landscaping. Remnant native trees are scattered
throughout these urbanized areas, together with non‐native trees, shrubs, and groundcovers. Using data
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
5-22 APRIL 15, 2016
from the Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG)19 habitat
mapping program, the site is classified as an “urban area” that tends to have low to poor wildlife habitat
value due to replacement of natural communities, fragmentation of remaining open space areas and
parks, and intensive human disturbance. The diversity of urban wildlife depends on the extent and type of
landscaping and remaining open space, as well as the proximity to natural habitat. Trees and shrubs used
for landscaping provide nest sites and cover for wildlife adapted to developed areas. Typical native bird
species include the mourning dove, scrub jay, northern mockingbird, American robin, brown towhee,
American crow, and Anna’s hummingbird, among others. Introduced species include the rock dove,
European starling, house finch, and house sparrow. Urban areas can also provide habitat for several
species of native mammals such as the California ground squirrel and striped skunk, as well as the
introduced eastern fox squirrel and eastern red fox. Introduced pest species such as the Norway rat,
house mouse, and opossum are also abundant in developed areas.
Wetlands and jurisdictional waters within the city boundary include creek corridors and associated
riparian scrub and woodland, and areas of freshwater marsh around ponds, seeps, springs, and other
waterbodies. Some remnant stands of riparian scrub and woodland occur along segments of the
numerous creeks through the urbanized valley floor. The project site does not encompass these creek
corridors or contain other regulated waters.
The California Natural Diversity Database (CNDDB) has no record of special‐status plant or animal species
on the project site or urbanized areas surrounding the project site. There is a possibility that birds could
nest in trees and other landscaping on the project site. The nests of most bird species are protected under
the MBTA when in active use and there is a remote possibility that one or more raptor species protected
under the MBTA and California Department of Fish and Game (CDFG) Code could nest on the project site.
These include both the Cooper’s hawk (Accipiter cooperi) and white‐tailed kite (Elanus leuocurus), which
have reported CNDDB occurrences within the city boundary, together with more common raptors such as
red‐tailed hawk, great horned owl, and American kestrel, all of which are protected by the MBTA and
CDFG Code when their nests are in active use.
A recent tree survey evaluated 433 trees on the site that represent 15 species.20 All trees appeared to
have been planted as part of landscape development when the property was developed and no trees met
the City of Cupertino’s criteria for protected status.21 While coast redwood is native to California, no trees
of this species were indigenous to the project site.
19 The CALVEG system was initiated in January 1978 by the Region 5 Ecology Group of the US Forest Service to classify
California’s existing vegetation communities for use in statewide resource planning. CALVEG maps use a hierarchical classification
on the following categories: forest; woodland; chaparral; shrubs; and herbaceous.
20 Tree Survey, The Hamptons, prepared for the Irvine Company by HortScience, Inc. May 2015. See Appendix A, Tree
Survey, of this Initial Study.
21 The City of Cupertino Municipal Code (Section 14.80.050) defines “Protected” trees. See Section 3.1.4.2, Zoning, of
Chapter 3, Project Description, for a summary of the City’s tree protection ordinance.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-23
DISCUSSION
a) Would the project have a substantial adverse effect, either directly or through habitat modifications,
on a plant or animal population, or essential habitat, defined as a candidate, sensitive or special‐status
species?
As stated above in the existing conditions discussion, there are no known occurrences of special‐status
plant or animal species and no suitable habitat for such species on the project site, but there is a
possibility that birds that are protected by the MBTA could nest in trees and other landscaping on the
project site. The analysis in the General Plan EIR found that impacts to special‐status species, including
nesting birds, would be reduced to less than significant with mitigation. Accordingly, the implementation
of Mitigation Measure BIO‐1 would also be required for the project to reduce impacts to a less‐than‐
significant level.
Mitigation Measure BIO‐1: Nests of raptors and other birds shall be protected when in active use, as
required by the federal Migratory Bird Treaty Act and the California Department of Fish and Game
Code. If construction activities and any required tree removal occur during the breeding season
(February 1 and August 31), a qualified biologist shall be required to conduct surveys prior to tree
removal or construction activities. Preconstruction surveys are not required for tree removal or
construction activities outside the nesting period. If construction would occur during the nesting
season (February 1 to August 31), preconstruction surveys shall be conducted no more than 14 days
prior to the start of tree removal or construction. Preconstruction surveys shall be repeated at 14‐day
intervals until construction has been initiated in the area after which surveys can be stopped.
Locations of active nests containing viable eggs or young birds shall be documented and protective
measures implemented under the direction of the qualified biologist until the nests no longer contain
eggs or young birds. Protective measures shall include establishment of clearly delineated exclusion
zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent)
around each nest location as determined by a qualified biologist, taking into account the species of
birds nesting, their tolerance for disturbance and proximity to existing development. In general,
exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.
The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting
season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone
may be increased by the qualified biologist if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with California Department of Fish and Wildlife. The protection measures shall remain in
effect until the young have left the nest and are foraging independently or the nest is no longer active.
Implementation of Mitigation Measure BIO‐1 is required per General Plan EIR Mitigation Measure BIO‐1
that was previously adopted by the City and incorporated into the General Plan. Mitigation Measure BIO‐
1 will be made a condition of project approval.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
5-24 APRIL 15, 2016
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural
community type?
As discussed in the existing conditions above and determined in the General Plan EIR, development of the
proposed project would occur in urbanized areas where sensitive natural communities are absent;
therefore, no impact would occur and no mitigation measures would be required.
c) Would the project have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act, through direct removal, filling, hydrological interruption, or other
means?
As discussed in the existing conditions above and determined in the General Plan EIR, development of the
proposed project would occur in urbanized areas where no wetlands or jurisdictional waters occur on or
near the project site; therefore, no impact would occur directly.
Indirect impacts to wetlands and jurisdictional other waters include: 1) an increase in the potential for
sedimentation due to construction grading and ground disturbance, 2) an increase in the potential for
erosion due to increased runoff volumes generated by impervious surfaces, and 3) an increase in the
potential for water quality degradation due to increased levels in non‐point pollutants. However, indirect
impacts would be largely avoided through effective implementation of Best Management Practices (BMP)
during construction and compliance with water quality controls. As discussed in Section VII, Hydrology
and Water Quality, of this Initial Study, water quality in stormwater runoff is regulated locally by the Santa
Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), which implements Provision C.3 of
the Municipal Regional Storm Water National Pollutant Discharge Elimination System (NPDES) Permit
(MRP) adopted by the San Francisco Bay Regional Water Quality Control Board (RWQCB). Adherence to
these permit conditions requires the project to incorporate treatment measures, an agreement to
maintain them, and other appropriate source control and site design features that reduce pollutants in
runoff to the maximum extent practicable. Many of the requirements involve low impact development
(LID) practices such as the use of onsite infiltration that reduce pollutant loading. Incorporation of these
measures can even improve on existing conditions. In addition, future development would be required to
comply with the Municipal Regional NPDES Permit (Cupertino Municipal Code Chapter 9.18, Storm Water
Pollution Prevention and Watershed Protection) and implement a construction Storm Water Pollution
Prevention Plan (SWPPP) that require the incorporation of BMPs to control sedimentation, erosion, and
hazardous materials contamination of runoff during construction. The indirect water quality‐related issues
are discussed further in Section VII, Hydrology and Water Quality, of this Initial Study. As discussed in
Impact HYDRO‐1, water quality impacts would be less than significant. Accordingly, indirect impacts to
wetlands and jurisdictional waters would be less than significant and no mitigation measures would be
required.
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-25
d) Would the project interfere substantially with the movement of any native resident or migratory fish or
wildlife species, their wildlife corridors or nursery sites?
Development on the project site would occur in urbanized areas where sensitive wildlife resources and
important wildlife movement corridors are no longer present because of the existing development.
Wildlife species common to urban and suburban habitat could be displaced where existing structures are
demolished and landscaping is removed as part of future development, but these species are relatively
abundant, and adapted to human disturbance. As discussed in Chapter 3, Project Description, the
proposed project includes landscaping that would provide replacement habitat for wildlife species that
may have adapted to the project site. Also discussed in Chapter 3, the project includes a Tree Demolition
and Replacement Plan (see Figures 3‐19 and 3‐20). Consistent with General Plan Policies ES‐5.1, Urban
Ecosystem, and Strategy, and ES‐5.1.2, Built Environment, the Tree Removal and Protection Plan includes
native, drought tolerant trees that are beneficial to the environment. The project also includes water
features, which would improve urban habitat linkages for migration of native and special‐status species.
Therefore, project impacts on the movement of fish and wildlife, wildlife corridors, or wildlife nursery sites
would be considered less than significant and no mitigation measures would be required.
e) Would the project conflict with any local ordinances or policies protecting biological resources?
As discussed in criteria (a) through (d), above, development of the project site would occur in an
urbanized area where sensitive biological and wetland resources are generally considered to be absent,
and no major conflicts with the relevant policies or ordinances related to biological resources in the
Cupertino General Plan and/or Municipal Code would occur. As discussed in the existing conditions above,
the recent tree survey for the project site found that none of the existing on‐site trees meet the City of
Cupertino’s criteria for protected status.22 Therefore, the project would not conflict with any local
ordinances or policies protecting biological resources and impacts would be less than significant, and no
mitigation measures would be required.
f) Would the project conflict with an adopted Habitat Conservation Plan, Natural Community
Conservation Plan or other approved local, regional, or State habitat conservation plan?
As discussed in the General Plan EIR, no adopted Habitat Conservation Plan, Natural Community
Conservation Plans include the city or the project site, and the proposed project would not conflict with
any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved
conservation plan. No impact would occur and no mitigation measures would be required.
22 The City of Cupertino Municipal Code (Section 14.80.050) defines “Protected” trees. See Section 3.1.4.2, Zoning, of
Chapter 3, Project Description, for a summary of the City’s tree protection ordinance.
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IV. CULTURAL RESOURCES
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Cause a substantial adverse change in the significance of a
historical resource as defined in Section 15064.5?
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to Section 15064.5?
c) Directly or indirectly destroy a unique paleontological resource
or site or unique geologic feature?
d) Disturb any human remains, including those interred outside of
formal cemeteries?
e) Cause a substantial adverse change in the significance of a tribal
cultural resource as defined in Public Resources Code 21074?
GENERAL PLAN EIR
Chapter 4.4, Cultural Resources, of the General Plan EIR, addresses the impacts to cultural and Tribal
Cultural Resources (TCRs) associated with intensified development of the project site and impacts are less
than significant. The following is a summary of Section, 4.4.1.2, Existing Conditions, of Chapter 4.4, which
is based on the cultural resources analysis conducted by Tom Origer & Associates on July 24, 2013,
included as Appendix D, Cultural Resources Data, of the General Plan EIR. The cultural resources study
consists of archival research at the Northwest Information Center at Sonoma State University, examination
of the library and files, field inspection, and contact with the Native American community. As shown in
Table 4.4‐2, Cultural Resources in the Project Study Area and Vicinity, and on Figure 4.4‐1, Cultural
Resources, of the General Plan EIR, there are no identified cultural resources on the project site.
EXISTING CONDITIONS
The project site was developed in 1998 and no historical architectural resources are located on the project
site. Accordingly, the buildings on the project site do not fall within the over 45‐year age limits established
for historical resources that should be included in the California Department of Historic Preservation
(OHP) filing system.23
A review of the University of California’s Museum of Paleontology’s (UCMP) fossil locality database was
conducted for the City of Cupertino. No paleontological resources have been identified on the project
23 Office of Historic Preservation, Instructions For Recording Historical Resources, March 1995, page 2.
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site; however, the presence of Pleistocene deposits that are known to contain fossils indicates that the
overall the city could contain paleontological resources.
Assembly Bill 52 (AB 52), which took effect on July 1, 2015, amends CEQA and adds new sections relating
to Native American consultation and certain types of cultural resources. AB 52 requires the CEQA lead
agency to begin consultation with a California Native American Tribe that is traditionally and culturally
affiliated with the geographic area of the proposed project. The consultation is required before the
determination of whether a negative declaration, mitigated negative declaration, or EIR is required, if the
Tribe requests in writing, to be informed by the lead agency through formal notification of the proposed
projects in the area, and the Tribe thereafter requests consultation. In addition, AB 52 includes time limits
for certain responses regarding consultation. AB 52 also adds “tribal cultural resources” (TCR) to the
specific cultural resources protected under CEQA.24 CEQA Section 21084.3 has been added, which states
that “public agencies shall, when feasible, avoid damaging effects to any tribal cultural resources.” The
Governor’s Office of Planning and Research (OPR) has until July 1, 2016, to develop guidelines, and the
NAHC has until then to inform tribes which agencies are in their traditional area. In absence of the
adopted guidelines, OPR suggests addressing whether the project would cause a substantial adverse
change in the significance of a TCR as defined in Public Resources Code 21074. The City has not received
any request from any Tribes in the geographic area with which it is traditionally and culturally affiliated
with or otherwise to be notified about projects in the city of Cupertino. Nonetheless, the evaluation of
potential impacts to TCRs is addressed under criterion (e) below.
DISCUSSION
a) Would the project cause a substantial adverse change in the significance of a historical resource as
defined in Section 15064.5?
Under CEQA, both prehistoric and historic‐period archaeological sites may qualify as historical resources.25
Archaeological resources are addressed in criterion (b), and human remains are addressed below in
criterion (d), below.
The project site currently includes a residential complex developed in 1998. As described in the existing
conditions above, the existing buildings do not fall within the over 45‐year age limits established for
historical resources that should be included in the OHP filing system the California Register of Historical
Resources.26 Accordingly, no impact to historical architectural resources would occur as a result of project
development and no mitigation measures would be required.
24 CEQA Section 21074.
25 California Code of Regulations, Title 14, Chapter 3, Section 15064.5(c), Determining the Significance of Impacts on
Historical and Unique Archeological Resources.
26 Office of Historic Preservation, Instructions For Recording Historical Resources, March 1995, page 2.
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b) Would the project cause a substantial adverse change in the significance of an archaeological resource
pursuant to Section 15064.5?
Historical and pre‐contact archaeological deposits that meet the definition of historical resource under
CEQA Section 21084.1 or CEQA Guidelines Section 15064.5 could be present at the project site and could
be damaged or destroyed by ground‐disturbing construction activities (e.g., site preparation, grading,
excavation, and trenching for utilities) associated with development allowed under the proposed project.
Should this occur, the ability of the deposits to convey their significance, either as containing information
about prehistory or history, or as possessing traditional or cultural significance to Native American or
other descendant communities, would be materially impaired.
While the project site is currently developed and the cultural resources study prepared for the General
Plan EIR did not identify any known archaeological deposits on the project site, the site could still contain
subsurface archaeological deposits, including unrecorded Native American prehistoric archaeological
materials. Therefore, any project‐related ground‐disturbing activities have the potential to affect
subsurface prehistoric archaeological resources that may be present. Implementation of Mitigation
Measure CULT‐1 would reduce impacts to unknown archaeological deposits to a less‐than‐significant
level.
Mitigation Measure CULT‐1: If any prehistoric or historic subsurface cultural resources are discovered
during ground‐disturbing activities, all work within 50 feet of the resources shall be halted and a
qualified archaeologist shall be consulted to assess the significance of the find according to CEQA
Guidelines Section 15064.5. If any find is determined to be significant, representatives from the City
and the archaeologist would meet to determine the appropriate avoidance measures or other
appropriate mitigation. All significant cultural materials recovered shall be, as necessary and at the
discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation,
and documentation according to current professional standards. In considering any suggested
mitigation proposed by the consulting archaeologist to mitigate impacts to historical resources or
unique archaeological resources, the City shall determine whether avoidance is necessary and feasible
in light of factors such as the nature of the find, proposed project design, costs, and other
considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) would be
instituted. Work may proceed on other parts of the project site while mitigation for historical
resources or unique archaeological resources is being carried out.
c) Would the project directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
As discussed above in existing conditions, while no paleontological resources have been identified within
the project location, because the proposed project requires substantial excavation that could reach
significant depths below the ground surface where no such excavation has previously occurred, there
could be fossils of potential scientific significance and other unique geologic features that have not been
recorded. Such ground‐disturbing construction associated with development under the proposed project
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could cause damage to, or destruction of, paleontological resources or unique geologic features. Impacts
to paleontological resource or site or unique geologic features would be reduced to a less‐than‐significant
level with implementation of Mitigation Measure CULT‐2.
Mitigation Measure CULT‐2: In the event that fossils or fossil‐bearing deposits are discovered during
construction, excavations within 50 feet of the find shall be temporarily halted or diverted. The
contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall
document the discovery as needed, in accordance with Society of Vertebrate Paleontology standards
(Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assess the significance
of the finding under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall
notify the appropriate agencies to determine procedures that would be followed before construction
is allowed to resume at the location of the find. If the project proponent determines that avoidance is
not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project
based on the qualities that make the resource important. The excavation plan shall be submitted to
the City for review and approval prior to implementation.
d) Would the project disturb any human remains, including those interred outside of formal cemeteries?
Similar to the discussions under criteria (b) and (c), there are no known human remains of the project site;
however, the potential to unearth unknown remains during ground disturbing activities associated with
the construction of the project could occur. Any human remains encountered during ground‐disturbing
activities associated with the proposed project would be subject to federal, State, and local regulations to
ensure no adverse impacts to human remains would occur in the unlikely event human remains are
found.
Health and Safety Code Section 7050.5 and the CEQA Guidelines Section 15064.5(e) contain the
mandated procedures of conduct following the discovery of human remains. According to the provisions
in CEQA, if human remains are encountered at the site, all work in the immediate vicinity of the discovery
shall cease and necessary steps to ensure the integrity of the immediate area shall be taken. The Santa
Clara County Coroner shall be notified immediately. The Coroner shall then determine whether the
remains are Native American. If the Coroner determines the remains are Native American, the Coroner
shall notify the Native American Heritage Commission (NAHC) within 24 hours, who would, in turn, notify
the person the NAHC identifies as the Most Likely Descendants (MLD) of any human remains. Further
actions shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to make
recommendations regarding the disposition of the remains following notification from the NAHC of the
discovery. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate
dignity, reinter the remains in an area of the property secure from further disturbance. Alternatively, if the
owner does not accept the MLD’s recommendations, the owner or the descendent may request
mediation by the NAHC.
Therefore, with the mandatory regulatory procedures described above, potential impacts related to the
potential discovery or disturbance of any human remains accidently unearthed during construction
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activities associated with the proposed project would be less than significant and no mitigation measures
would be required.
e) Would the proposed project cause a substantial adverse change in the significance of a tribal cultural
resources as defined in Public Resources Code 21074?
A TCR is defined under AB 52 as a site, feature, place, cultural landscape that is geographically defined in
terms of size and scope, sacred place, and object with cultural value to a California Native American tribe
that are either included or eligible for inclusion in the California Register of Historic Resources or included
in a local register of historical resources, or included in a local register of historical resources, or if the City
of Cupertino, acting as the lead agency, supported by substantial evidence, chooses at its discretion to
treat the resource as a TCR.
As discussed under criteria (b) and (d) no known archeological resources, ethnographic sites or Native
American remains are located on the project site. As discussed under criterion (b) implementation of
Mitigation Measure CULT‐1 would reduce impacts to unknown archaeological deposits, including TCRs, to
a less‐than‐significant level. As discussed under criterion (d) compliance with State and federal regulations
would reduce the likelihood of disturbing or discovering human remains, including those of Native
Americans. Therefore, implementation of Mitigation Measure CULT‐1 and compliance with State and
federal regulations related to the protection of human remains would reduce impacts to TCRs to a less‐
than‐significant level.
Mitigation Measure CULT‐3: Implement Mitigation Measure CULT‐1.
V. GEOLOGY AND SOILS
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury or death involving:
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist‐Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault?
ii) Strong seismic ground shaking?
iii) Seismic‐related ground failure, including liquefaction?
iv) Landslides, mudslides or other similar hazards?
b) Result in substantial soil erosion or the loss of topsoil?
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Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
c) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially
result in on‐ or off‐site landslide, lateral spreading, subsidence,
liquefaction, or collapse?
d) Be located on expansive soil, creating substantial risks to life or
property?
e) Have soils incapable of adequately supporting the use of septic
tanks or alternative waste water disposal systems where sewers
are not available for the disposal of wastewater?
GENERAL PLAN EIR
Chapter 4.5, Geology, Soils, and Seismicity, of the General Plan EIR, addresses the impacts to geological
and seismic‐related impacts associated with intensified development of the project site. In addition, a
geotechnical investigation dated July 10, 2015 was prepared for the project by TRC.27 The geotechnical
investigation report is included in Appendix B of this Initial Study. The following discussion is based on
project site information available in Section, 4.5.1.2, Existing Conditions, of Chapter 4.5, and the project‐
specific geotechnical investigation.
EXISTING CONDITIONS
Geology
The City of Cupertino lies in the west‐central part of the Santa Clara Valley, a broad, mostly flat alluvial
plain that extends southward from San Francisco Bay. The surficial geology is described as young,
unconsolidated Quaternary alluvium. The site is generally flat with elevation ranging from 160 to 205 feet
above mean sea level (amsl).
Soils
Web ‐accessible soil mapping data compiled by the USDA’s Soil Conservation Survey and the California Soil
Resource Laboratory hosted by University of California at Davis was used to identify the major soil types
on the project site. The predominant soil types for the project site are soils of the Urban Land‐Flaskan,
Urban‐Land Stevens Creek, and Urban Land‐Botella complexes generally formed on slopes of 0 to 2
27 TRC, 2015. Geotechnical Investigation, The Hamptons Apartments, Cupertino, California, dated July 10, 2015.
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percent. Exploratory borings logged by TRC in 1996 and 2015 encountered a pavement section consisting
of 2.5 to 3 inches of asphalt concrete underlain by 5 to 5.5 inches of aggregate base. Below the pavement
sections, the borings generally encountered interbedded clayey sand, poorly graded sand, poorly graded
gravel, and lean clay to depths of 16.5 to 21.5 feet. Below depths of 16.5 to 21.5 feet, and extending to 40
feet (the maximum depth explored), the borings generally encountered lean clay with occasional thin
interbedded layers composed of silty sand, clayey sand, and poorly graded sand.
To better evaluate soil permeability, two field infiltration rate tests were performed during the 2015
geotechnical investigation. Based on the test results, the geotechnical investigation estimated a typical
infiltration rate of less than 1.5 inches/hour for site soils. This value appears to coincide with hydrologic
soil group A (i.e., sand, loamy sand, sandy loam) that are typically well drained with low runoff potential.28
Groundwater
During the recent geotechnical investigation, groundwater was not encountered to the maximum
explored depth of 40 feet. Based on the data published by the California Geological Survey (CGS), the
depth to historically high groundwater is more than 50 feet in most of the Cupertino area.29 However,
these depths may fluctuate somewhat in response to recent changes in rainfall, impervious cover, and
other factors.
Fault Rupture
The San Francisco Bay Area is one of the most seismically active regions in the United States. The
significant earthquakes that occur in the Bay Area are generally associated with crustal movement along
well‐defined active fault zones such as the San Andreas Fault system. Many of these zones exhibit a
regional trend to the northwest. The site is not located within a State‐designated Alquist‐Priolo
Earthquake Fault Zone (known formerly as a Special Studies Zone) or a Santa Clara County‐designated
Fault Rupture Hazard Zone.30 No active fault traces are known to cross the site.
Liquefaction
The site is not located within a seismically inducted liquefaction hazard zone, as mapped by the State of
California and Santa Clara County. During cyclic ground shaking, such as seismic shaking during an
earthquake, cyclically‐induced stresses may cause increased pore water pressures within the soil matrix,
resulting in liquefaction. Liquefied soil may lose shear strength that may lead to large shear deformations
28 USDA, 1955. How Much of the Rain Enters the Soil? in Water, The Yearbook of Agriculture, by G. W. Musgrave.
29 CGS, 2002. Seismic Hazard Zone Report for the Cupertino 7.5‐Minute Quadrangle, Santa Clara County, California, Seismic
Hazard Zone report 068.
30 Santa Clara County, 2012. Santa Clara County Geologic Hazard Zones, Map 18, updated October 26, 2012.
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and/or flow failure. Liquefied soil can also settle as pore pressures dissipate following an earthquake.
Limited field data is available on this subject; however, settlement on the order of 2 to 3 percent of the
thickness of the liquefied zone has been measured in some cases.
Soils most susceptible to liquefaction are loose to moderately dense, saturated, non‐cohesive soils with
poor drainage, such as sands and silts with interbedded or capping layers of relatively low permeability
soil.
Dry Seismic Settlement
If near‐surface soils vary in composition both vertically and laterally, strong earthquake shaking can cause
non‐uniform densification of loose to medium dense cohesionless soils. Densification can result in the
movement of the near‐surface soils. A recent geotechnical investigation of the site encountered medium
dense clayey sand, silty sand, and poorly graded gravel layers at various depths. Based on the anticipated
excavation depths for the proposed below‐grade parking at the site, dry seismic settlement of the
medium dense soils is estimated at approximately 0.5 inch.
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. In soils, this
movement is generally due to failure along a weak plane, and may often be associated with liquefaction.
As cracks develop within the weakened material, blocks of soil are displaced laterally toward the open
face. Cracking and lateral movement may gradually propagate away from the face as blocks continue to
break free. Because of the low potential for liquefaction, the risk of lateral spreading at the site is also
considered low.
Corrosive Soils
Many factors can affect the corrosion potential of soil including soil moisture content, resistivity,
permeability, and pH, as well as chloride and sulfate concentration. Of these, soil resistivity is the most
influential factor. Four site soil samples were recently tested for corrosivity and the measured resistivity
values ranging from 1,528 to 8,824 ohm/cm.31 Based on the resistivity test results, two of the four
samples were classified as “severely corrosive.”
31 The term ohms‐cm (“ohms centimeter”) refers to the measurement of the “volume” resistivity (also known as “bulk”
resistivity) of a semiconductive material. The value in ohms‐cm is the inherent resistance of a given material regardless of the
shape or size.
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DISCUSSION
a) Would the project expose people or structures to potential substantial adverse effects, including the
risk of loss, injury or death involving: (i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist‐Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault; (ii) Strong seismic ground shaking; (iii) Seismic‐
related ground failure, including liquefaction; (iv) Landslides, mudslides or other similar hazards?
Fault Rupture
As discussed in the General Plan EIR, only one Alquist‐Priolo Earthquake Fault Zone has been mapped
within the City of Cupertino, namely, the zone that flanks the San Andreas Fault in the southwestern most
part of the city. Because the site is not located within a State‐designated Alquist‐Priolo Earthquake Fault
Zone or Santa Clara County‐designated Fault Rupture Hazard Zone, and no active faults are known to
traverse the site, the risk of surface fault rupture is considered low. The impacts from project
development as they relate to surface fault rupture are considered less than significant. No mitigation
measures would be required.
Strong Seismic Ground Shaking
The hazards posed by strong seismic ground shaking during a major earthquake, while variable, are nearly
omnipresent in the San Francisco Bay Area. As discussed in the General Plan EIR, in the event of a large,
magnitude 6.7 or greater seismic event, much of the city is projected to experience “strong” ground
shaking, with the most intense shaking forecast for the northeast part of the city where the project is
located. Adherence to applicable building code, including conformance to California Building Code (CBC)
Site Class and Site Seismic Coefficients (as recommended in the recent 2015 geotechnical investigation),
and the City’s building permit requirements would ensure that the impacts associated with strong seismic
ground shaking are minimized to the maximum extent practicable. The impacts of project development as
they relate to strong seismic ground shaking would be less than significant with implementation of
Mitigation Measure GEO‐1.
Mitigation Measure GEO‐1: The project applicant shall adhere to the seismic design criteria for the
maximum estimated ground shaking (i.e., peak ground acceleration of 0.58 gravity (g) as
recommended in the recent 2015 geotechnical investigation for the proposed project.
Liquefaction
As described above in Existing Conditions, the project site is not located within an area mapped by the
State of California and Santa Clara County as having a high potential for seismically induced liquefaction.
As discussed in the General Plan EIR, the potential for seismically induced liquefaction in the vicinity
appears low, limited to a very narrow strip of alluvial deposits that flank Calabazas Creek roughly 0.30
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miles southeast of the project site. Accordingly, impacts associated with project development as they may
relate to seismically induced liquefaction would be less than significant and no mitigation measures would
be required.
Landslides
The site is generally flat with elevation ranging from 160 to 205 feet amsl. The project site is not located
within an area mapped by the State of California or Santa Clara County as having a high potential for
seismically induced landslides. Therefore, impacts associated with project development as they may relate
to seismically induced landslides would be less than significant and no mitigation measures would be
required.
b) Would the project result in substantial soil erosion or the loss of topsoil?
Substantial soil erosion or loss of topsoil during construction could, in theory, undermine structures and
minor slopes during development of the project site. However, compliance with existing regulatory
requirements, such as the implementation of grading erosion control measures specified in the CBC and
the City of Cupertino’s Municipal Code, would reduce impacts from erosion and the loss of topsoil.
Examples of these control measures are BMPs such as hydroseeding or short‐term biodegradable erosion
control blankets; vegetated swales, silt fences, or other forms of protection at storm drain inlets; post‐
construction inspection of drainage structures for accumulated sediment; and post‐construction clearing
of debris and sediment from these structures.
Section 16.08.110 of the Municipal Code requires the preparation and submittal of Interim Erosion and
Sediment Control Plans for all projects subject to City‐issued grading permits, which would minimize the
removal of topsoil, avoid overly steep cut and/or fill slopes, and protect existing vegetation during grading
operations. These requirements are broadly applicable to residential development projects. Adherence to
these regulations would help ensure that the impacts of project development as they relate to substantial
soil erosion or loss of topsoil would be less than significant. No mitigation measures would be required.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable
as a result of the project, and potentially result in on‐ or off‐site landslide, lateral spreading,
subsidence, liquefaction, or collapse?
As discussed in criterion (a), the project site is not located within an area mapped as having significant
potential for seismically induced liquefaction. Because of the low potential for liquefaction, the risk of
lateral spreading at the site would also be low. Therefore, the impacts of project development as they
relate to liquefaction and lateral spreading would be less than significant and no mitigation measures
would be required.
As previously discussed in Existing Conditions, the project site is generally flat with on‐site elevations
ranging from 160 to 205 feet amsl. The properties surrounding the project site are also typified by low
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topographic relief. The impacts of project development as they relate to landslides would be less than
significant and no mitigation measures would be required.
In this analysis, corrosive soils are interpreted as a type of (chemically) unstable soil. Based on a recent
geotechnical investigation, some site soils were categorized as severely corrosive based on their measured
resistivity, and could compromise building materials unless protective measures are implemented. The
impacts of project development as they relate to corrosive soils would be less than significant with
implementation of Mitigation Measure GEO‐2.
Mitigation Measure GEO‐2: Prior to issuing building permits, the City shall require the project
applicant to consult with a corrosion protection engineer in order to develop specific
recommendations regarding corrosion protection for buried metal pipe or buried metal pipe‐fittings.
The project applicant shall implement the recommendations during construction to be verified by the
City’s Building Department.
d) Would the project be located on expansive soil, creating substantial risks to life or property?
Expansive soils can undergo dramatic changes in volume in response to variations in soil moisture content.
When wet, these soils can expand; conversely, when dry, they can contract or shrink. Sources of moisture
that can trigger this shrink‐swell phenomenon can include seasonal rainfall, landscape irrigation, utility
leakage, and/or perched groundwater. Expansive soil can develop wide cracks in the dry season, and
changes in soil volume have the potential to damage concrete slabs, foundations, and pavement. Special
building/structure design or soil treatment are often needed in areas with expansive soils. Expansive soils
are typically very fine‐grained with a high to very high percentage of clay, typically montmorillonite,
smectite, or bentonite clay.
As discussed in the existing conditions, a recent geotechnical investigation of the project site described
the representative soil samples as exhibiting low soil plasticity. Therefore, the impacts of project
development as they relate to expansive soils are considered less than significant. No mitigation measures
would be required.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative
waste water disposal systems where sewers are not available for the disposal of wastewater?
The development of the proposed project would not require the construction or use of septic tanks or
alternative wastewater disposal systems. Wastewater generated by the proposed project would be
conveyed to the existing municipal sanitary sewer system in Cupertino, where multiple connections would
be made in Pruneridge Avenue. Therefore, there would be no impact from the proposed project
associated with soils that are inadequate for the use of septic tanks or alternative wastewater disposal
systems. No mitigation measures would be required.
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VI. GREENHOUSE GAS EMISSIONS
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Generate greenhouse gas emissions, either directly or indirectly,
that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy, or regulation of an
agency adopted for the purpose of reducing the emissions of
greenhouse gases?
GENERAL PLAN EIR
Chapter 4.6, Greenhouse Gas Emissions, of the General Plan EIR, addresses the cumulative impacts from
greenhouse gas emissions associated with General Plan buildout, including intensified development of the
project site. Greenhouse gas emission (GHG) impacts under the General Plan EIR are less than significant.
EXISTING CONDITIONS
The following impact discussions include and updated existing conditions summary from that presented in
Section, 4.6.1.2, Existing Conditions, of Chapter 4.6.
DISCUSSION
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment?
A project does not generate enough GHG emissions on its own to influence global climate change;
therefore, this section measures the project’s contribution to the cumulative environmental impact.
Development permitted under the proposed project would contribute to global climate change through
direct and indirect emissions of GHG from transportation sources, energy (natural gas and purchased
energy), water use and wastewater generation, and solid waste generation. In addition, construction
activities would generate a short‐term increase in GHG emissions. The total and net increase in GHG
emissions associated with the proposed project are shown in Table 5‐7.
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TABLE 5‐7 PROJECT GHG EMISSIONS
Category
GHG Emissions (MTCO2e/Year)
Project Percent of Total
Construction Emissions
Total Construction Emissions (Years 2017–2020)a 6,883 N/A
30‐Year Amortized Construction 229 N/A
Operational Emissions
Existing
Area 19 1%
Energy 599 28%
On‐Road Mobile Sources 1,178 55%
Waste 346 16%
Water/Wastewater 15 1%
Total 2,158 100%
Proposed Project
Area 57 1%
Energy 2,267 34%
On‐Road Mobile Sources 3,389 51%
Waste 952 14%
Water/Wastewater 34 1%
Total 6,700 100%
Net Change
Area 38 1%
Energy 1,668 37%
On‐Road Mobile Sources 2,211 49%
Waste 606 13%
Water/Wastewater 19 <1%
Total 4,542 100%
Total without Waste Generation Emissionsb 3,936 N/A
Service Population 1,723 N/A
Per Capita Emissions Threshold 2.28 N/A
Per Capita Threshold (MTCO2e/SP) 4.6 N/A
Exceeds BAAQMD Thresholds? No N/A
Note: Emissions may not total to 100 percent due to rounding. New buildings would be constructed to the 2016 Building & Energy Efficiency Standards
(effective January 1, 2017).
a. Includes implementation of Mitigation Measure AQ‐1a, which requires complying with BAAQMD’s BMPs for reducing construction emissions.
b. BAAQMD did not include solid waste emissions when developing the per capita significance thresholds. Therefore, total GHG emissions with and
without the Waste Generation sector are included. If these emissions are included in the analysis for the proposed project, the per capita emissions
would be 2.64 MTCO2e/SP/yr.
Source: CalEEMod 2013.2.2.
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BAAQMD does not have thresholds of significance for construction‐related GHG emissions, however, the
BAAQMD advises that the lead agency should quantify and disclose GHG emissions that would occur
during construction and make a determination on the significance of these construction‐generated GHG
emissions in relation to meeting AB 32 GHG reduction goals. One‐time, short‐term emissions are
converted to average annual emissions by amortizing them over the service life of a building. For buildings
in general, it is reasonable to look at a 30‐year time frame, since this is a typical interval before a new
building requires the first major renovation.32 As shown in Table 5‐7, when amortized over a 30‐year
project lifetime, average annual construction emissions from the proposed project would represent a
nominal source of GHG emissions and would not exceed BAAQMD’s threshold of 1,100 million metric tons
of carbon dioxide equivalent per year (MTCO2e/year). Construction emissions would be less than
significant and no mitigation measures would be required.
As shown in Table 5‐7, development of the proposed project would result in a net increase of GHG
emissions of 3,936 MTCO2e/year as a result of an increase in density on the project site. Impacts are
evaluated based on BAAQMD’s per capita significance threshold. BAAQMD’s per capita significance
threshold is calculated based on the State’s land use sector emissions inventory prepared by CARB and the
demographic forecasts for the 2008 Scoping Plan. The proposed project would not exceed the per capita
significance threshold of 4.6 MTCO2e/SP. Therefore, project‐related GHG emissions impacts would be less
than significant and no mitigation measures would be required.
b) Would the project conflict with an applicable plan, policy, or regulation of an agency adopted for the
purpose of reducing the emissions of greenhouse gases?
Applicable plans adopted for the purpose of reducing GHG emissions include CARB’s Scoping Plan and the
MTC’s/ ABAG’s) Plan Bay Area. A consistency analysis with these plans is presented below.
CARB’s Scoping Plan
In accordance with Assembly Bill 32 (AB 32), the California Air Resources Board (CARB) developed the
2008 Scoping Plan to outline the State’s strategy to achieve 1990 level emissions by year 2020. To
estimate the reductions necessary, CARB projected Statewide 2020 business as usual (BAU) GHG
emissions (i.e., GHG emissions in the absence of statewide emission reduction measures). CARB identified
that the State as a whole would be required to reduce GHG emissions by 28.5 percent from year 2020
BAU to achieve the targets of AB 32.33 A revised BAU 2020 forecast conducted after publication of the
2008 Scoping Plan by CARB shows that the state would have to reduce GHG emissions by 21.6 percent
from BAU (i.e., without the Pavley standards and the California Renewables Portfolio Standard) or 15.7
32 International Energy Agency, 2008, Energy Efficiency Requirements in Building Codes, Energy Efficiency Policies for New
Buildings, March.
33 California Air Resources Board (CARB), 2008. Climate Change Proposed Scoping Plan, a Framework for Change, October.
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percent from the adjusted baseline (i.e., with the Pavley standards and the California Renewable Portfolio
Standard).34
Statewide strategies to reduce GHG emissions include the Low Carbon Fuel Standard, California Appliance
Energy Efficiency regulations; California Building Standards (i.e., CALGreen and Building and Energy
Efficiency Standards); California Renewable Portfolio Standard (33 percent RPS); changes in the corporate
average fuel economy standards (e.g., Pavley I and Pavley II); and other measures that would ensure the
State is on target to achieve the GHG emissions reduction goals of AB 32. Statewide GHG emissions
reduction measures that are being implemented over the next five years would reduce the proposed
project’s GHG emissions.
New structures would meet the current Building and Energy Efficiency Standards. The 2016 Building and
Energy Efficiency Standards become effective January 1, 2017. Multi‐family of four stories and higher are
treated as non‐residential buildings for the Building and Energy Efficiency Standards. The 2016 Standards
are 33.5 percent more energy efficient than the 2008 standards for non‐residential buildings. The new
buildings would also be constructed in conformance with CALGreen, which requires high‐efficiency water
fixtures for indoor plumbing and water efficient irrigation systems.
The proposed project would not conflict with statewide programs adopted for the purpose of reducing
GHG emissions and impacts would be less than significant and no mitigation measures would be required.
MTC’s/ABAG’s Plan Bay Area
As described above under the subheading “CO2 Hotspots, an overarching goal of the Plan Bay Area is to
concentrate development in areas where there are existing services and infrastructure rather than
allocate new growth in outlying areas where substantial transportation investments would be necessary
to achieve the per capita passenger vehicle, vehicle miles traveled, and associated GHG emissions
reductions. The proposed project is an infill residential development that is in close proximity to existing
employment centers, roadways, transit, and bicycle and pedestrian routes (See Section XIV, Transportation
and Circulation, below), and for these reasons would be consistent with the overall goals of the
MTC’s/ABAG’s Plan Bay Area. Therefore, the proposed project would not conflict with the land use
concept plan for the City of Cupertino identified in the Plan Bay Area and impacts would be less than
significant and no mitigation measures would be required.
34 California Air Resources Board (CARB), 2012. Status of Scoping Plan Recommended Measures. http://www.arb.ca.gov/cc/
scopingplan/status_of_scoping_plan_measures.pdf.
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City of Cupertino Climate Action Plan
The Cupertino Climate Action Plan (CAP) is a strategic planning document that identifies sources of GHG
emissions within the City’s boundaries, presents current and future emissions estimates, identifies a GHG
reduction target for future years, and presents strategic goals, measures, and actions to reduce emissions
from the energy, transportation and land use, water, solid waste, and green infrastructure sectors. The
emissions reduction strategies developed by the City follows the BAAQMD’s CEQA Guidelines (2011) and
the corresponding criteria for a Qualified Greenhouse Gas Emissions Reduction Program as defined by the
BAAQMD, which in turn were developed to comply with the requirements of AB 32 and achieve the goals
of the California Air Resources Board’s (CARB) AB 32 Scoping Plan. A qualified GHG emissions reduction
strategy adopted by a local jurisdiction should include the elements below, as described in CEQA
Guidelines Section 15183.5. The following BAAQMD’s CEQA Guidelines (2011) provide the methodology
to determine whether a GHG reduction program meets these requirements:
Quantify GHG emissions, both existing and projected over a specified time period, resulting from
activities within a defined geographic area.
Establish a level, based on substantial evidence, below which the contribution to GHG emissions from
activities covered by the plan would not be cumulatively considerable.
Identify and analyze the GHG emissions resulting from specific actions or categories of actions
anticipated within the geographic area.
Specify measures or a group of measures, including performance standards, which substantial
evidence demonstrates, if implemented on a project‐by‐project basis, would collectively achieve the
specified emissions level.
Establish a mechanism to monitor the plan’s progress toward achieving the level and to require
amendment if the plan is not achieving specified levels.
Be adopted in a public process following environmental review.
The City’s CAP meets BAAQMD guidelines as follows:
The CAP quantifies citywide GHG emissions, both existing and projected over the specified time
period, resulting from activities within the city as defined by the City’s General Plan.
The CAP establishes a level, based on substantial evidence, below which the contribution of emissions
from activities covered by the plan would not be cumulatively considerable.
CAP policy provisions reduce emissions to 15 percent below 2005 levels by 2020.
CAP policy provisions reduce emissions to 35 percent below 2005 levels by 2030.
CAP policy provisions provide a foundation for the City to reach the goal of reducing emissions to 80
percent below 1990 levels by 2050.
The CAP identifies and analyzes the emissions resulting from specific actions or categories of actions
anticipated within the city.
The CAP specifies measures or a group of measures, including performance standards.
The CAP establishes a mechanism to monitor its progress toward achieving the level and to require
amendment if the plan is not achieving specific levels.
The reduction measures proposed in the CAP build on inventory results and key opportunities
prioritized by City staff, members from the community, and elected officials. The strategies in the CAP
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consist of measures and actions that identify the steps the City will take to support reductions in GHG
emissions. The City of Cupertino will achieve these reductions in GHG emissions through a mix of
voluntary programs and new strategic standards. The standards presented in the CAP respond to the
needs of development, avoiding unnecessary regulation, streamlining new development, and
achieving more efficient use of resources.
The project is consistent with the GHG inventory contained in the CAP. Both the existing and projected
GHG inventory contained in the City’s CAP were derived based on the land use designations and
associated densities defined in the City’s General Plan. The General Plan land use designation is High
Density with greater than 35 dwelling units per acre (High Density (greater than 35 du/ac)). The proposed
project is consistent with this land use designation. Therefore, since the project is consistent with the
City’s General Plan and does not propose an amendment to modify the type, intensity, or density of use, it
is also consistent with the GHG inventory contained in the CAP.
In addition, a specific project proposal is considered consistent with the Cupertino CAP if it complies with
the “required” GHG reduction measures contained in the adopted CAP. The previously adopted GHG
reduction measures applicable to the proposed project include the following:
Measure C‐E‐1 Energy Use Data and Analysis: Increase resident and building owner/tenant/operator
knowledge about how, when, and where building energy is used.
Measure C‐W‐1 SB‐X7‐7: Implement water conservation policies contained within Cupertino’s Urban
Water Management Plan to achieve 20 percent per capita water reduction by 2020.
Measure C‐SW‐1 Zero Waste Goal: Maximize solid waste diversion community‐wide through
preparation of a zero‐waste strategic plan.
Measure C‐SW‐3 Construction & Demolition Waste Diversion Program: Continue to enforce diversion
requirements in City’s Construction & Demolition Debris Diversion and Green Building Ordinances.
The proposed project would not make any changes to current City standards. Development in the City of
Cupertino, including the project, is required to adhere to City‐adopted policy provisions, including those
contained in the adopted CAP. The City ensures that the provisions of the Cupertino CAP are incorporated
into projects and their permits through development review and applications of conditions of approval as
applicable. Therefore, the impact would be less than significant and no mitigation measures would be
required.
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VII. HAZARDS AND HAZARDOUS MATERIALS
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Create a significant hazard to the public or the environment
through the routine transport, use or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous materials,
substances or waste within one‐quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of hazardous
material sites compiled pursuant to Government Code Section
65962.5 and, as a result, create a significant hazard to the public
or the environment?
e) For a project within an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport
or public use airport, result in a safety hazard for people living or
working in the project area?
f) For a project within the vicinity of a private airstrip, result in a
safety hazard for people living or working in the project area?
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury, or
death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are intermixed
with wildlands?
GENERAL PLAN EIR
Chapter 4.7, Hazards and Hazardous Materials, of the General Plan EIR, addressees the hazards‐ and
hazardous materials‐related impacts as a result of intensified development in Cupertino. Impacts are
found to be less than significant and less than significant with mitigation measures to ensure that
development on sites with known hazardous contamination would be less than significant. General Plan
EIR Mitigation Measures HAZ‐4a and HAZ‐4b are required to be implemented for sites with known
contamination and potential residual contamination. As discussed in Chapter 4.7, the project site is not
listed as a site with known contamination or potential residual contamination; therefore, the identified
mitigation measures in the General Plan EIR do not apply to the proposed project. The following is a
summary of Section, 4.7.1.2, Existing Conditions, of Chapter 4.7.
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EXISTING CONDITIONS
As shown on Table 4.7‐2, Hazardous Materials and LUST [leaking underground storage tanks] Sites, of the
General Plan EIR, the search of the Department of Toxic Substance Control’s EnviroStor Database and the
GeoTracker database search did not reveal any hazardous materials or LUST sites on or within close
proximity to the project site. The project site, developed in 1998, does not contain any asbestos‐
containing materials (ACM) or lead‐based paint (LBP), which have been regulated in construction since the
early 1970’s. There are no known hazardous materials sites located on the project site. Cupertino High
School and Sedgwick Elementary School in the Cupertino Union School District are approximately 1.5
miles to the south, while Laurelwood Elementary School in the Santa Clara Unified School District is
located approximately 1.5 miles to the northeast in the City of Santa Clara. There are no moderate, high,
or very high fire hazard severity zones in the State Responsibility Areas in the vicinity of the project site.
The nearest public airports are San Jose International Airport, approximately 5.1 miles to the northeast,
and Palo Alto Airport, approximately 10.5 miles to the northwest. The nearest heliports are Mc Candless
Towers Heliport, approximately 4.3 miles to the northeast, and County Medical Center Heliport,
approximately 4.5 miles to the southeast. The nearest private airport is Moffett Federal Airfield,
approximately 6.1 miles to the northwest.
DISCUSSION
a) Would the project create a significant hazard to the public or the environment through the routine
transport, use or disposal of hazardous materials?
Project Operation
The proposed project, a residential development, would not involve the routine transport or disposing of
hazardous materials. Project operation would involve the use of small amounts of hazardous materials for
cleaning and maintenance purposes, such as cleansers, degreasers, pesticides, and fertilizers. These
potentially hazardous materials would not be of a type or be present in sufficient quantities to pose a
significant hazard to public health and safety or the environment. Furthermore, such substances would be
used, transported, stored, and disposed of in in accordance with applicable federal, State, and local laws,
policies, and regulations. Any businesses that transport, generate, use, and/or dispose of hazardous
materials in Cupertino are subject to existing hazardous materials regulations, such as those implemented
by Santa Clara County Department of Environmental Health (DEH) Hazardous Materials Compliance
Division (HMCD), and hazardous materials permits from the Santa Clara Fire Department (SCCFD). The
SCCFD also conducts inspections for fire safety and hazardous materials management of businesses and
multi‐family dwellings, in accordance with the City of Cupertino Hazardous Materials Storage Ordinance in
Title 9, Health and Sanitation, Chapter 9.12, Hazardous Materials Storage. Thus, associated impacts from
the operational phase of the project would be less than significant and no mitigation measures would be
required.
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Project Construction
Construction activities at the project site would involve the use of larger amounts of hazardous materials
than would operation of the proposed project, such as petroleum‐based fuels for maintenance and
construction equipment, and coatings used in construction, which would be transported to the site
periodically by vehicle and would be present temporarily during construction. These potentially hazardous
materials would not be of a type or occur in sufficient quantities on‐site to pose a significant hazard to
public health and safety or the environment, and would their use during construction would be short‐
term. Additionally, as with proposed project operation, the use, transport, and disposal of construction‐
related hazardous materials would be required to conform to existing laws and regulations. Compliance
with applicable laws and regulations governing the use, storage, and transportation of hazardous
materials would ensure that all potentially hazardous materials are used and handled in an appropriate
manner, and would minimize the potential for safety impacts to occur. Consequently, associated impacts
from construction of the proposed project would be less than significant and no mitigation measures
would be required.
b) Would the project create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials into the
environment?
As described under criterion (a) above, operation and construction of the proposed project would involve
the storage and use of common cleaning substances, building maintenance products, paints, and solvents,
as well as petroleum‐based fuels for maintenance and construction equipment, and coatings used in
construction. Also, as described in the existing conditions, all of the existing buildings on the project site
were developed in 1998; thus, the buildings would not contain ACM and LBP. An impact could occur if
construction and operation of the proposed project creates conditions where hazardous materials could
easily contaminate surrounding soil, water, or air. The most likely scenarios would be from rainwater
runoff spreading contaminated waste. Stormwater runoff is discussed in Section VIII, Hydrology and Water
Quality, of this Initial Study and impacts were found to be less than significant.
Project Operation
The proposed project, a residential complex, is not considered the type of project that would create a
hazardous materials threat to the users of the site or the surrounding land uses. The Santa Clara County
HMCD is the Certified Unified Program Agency (CUPA) for Santa Clara County including the City of
Cupertino, and is responsible for enforcing Chapter 6.95 of the California Health and Safety Code. As the
CUPA, Santa Clara County HMCD is required to regulate hazardous materials business plans (HMBP) and
chemical inventory, hazardous waste and tiered permitting, underground storage tanks, and risk‐
management plans. The HMBP is required to contain basic information on the location, type, quantity,
and health risks of hazardous materials stored, used, or disposed of on development sites. The HMBP also
contains an emergency‐response plan, which describes the procedures for mitigating a hazardous release,
procedures, and equipment for minimizing the potential damage of a hazardous materials release, and
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provisions for immediate notification of the Cal EMA and other emergency‐response personnel, such as
the SCCFD. Implementation of the emergency response plan facilitates rapid response in the event of an
accidental spill or release, thereby reducing potential adverse impacts. Furthermore, Santa Clara County
HMCD is required to conduct ongoing routine inspections to ensure compliance with existing laws and
regulations; to identify safety hazards that could cause or contribute to an accidental spill or release; and
to suggest preventative measures to minimize the risk of a spill or release of hazardous substances.
Compliance with these regulations would ensure that the risk of accidents and spills is minimized to the
maximum extent practicable during the operation of the proposed project. Consequently, associated
impacts would be less than significant and no mitigation measures would be required.
Project Construction
Similar to the operation of the proposed project, the type of construction materials and equipment would
be considered standard for this type of development. All spills or leakage of petroleum products during
construction activities are required to be immediately contained, the hazardous material identified, and
the material remediated in compliance with applicable state and local regulations. All contaminated waste
would be required to be collected and disposed of at an appropriately licensed disposal or treatment
facility. Furthermore, strict adherence to all emergency response plan requirements set forth by the Santa
Clara County HMCD would be required through the duration of the construction of each individual
development project. Therefore, substantial hazards to the public or the environment arising from the
routine use of hazardous materials during project construction would not occur. Accordingly, impacts
would be less than significant and no mitigation measures would be required.
c) Would the project emit hazardous emissions or handle hazardous materials, substances or waste
within one‐quarter mile of an existing or proposed school?
There are no schools within one‐quarter mile of the project site. Furthermore, the proposed project
would not involve the storage, handling, or disposal of hazardous materials in sufficient quantities to pose
a significant risk to the public. Thus, no impact related to hazardous emissions or hazardous material
handling within one‐quarter mile of a school would occur and no mitigation measures would be required.
d) Would the project be located on a site which is included on a list of hazardous material sites compiled
pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the
public or the environment?
As shown in the General Plan EIR (see Table 4.7‐2, Hazardous Materials and LUST [leaking underground
storage tanks] and Figure 4.7‐1, Hazardous Material Sites) the project site is not included on a list of
hazardous materials sites complied pursuant to Government Code Section 65962.5. Accordingly, no
impact would occur and no mitigation measures would be required.
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e) For a project within an airport land use plan or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would the project result in a safety hazard for people
living or working in the project area?
The project site is not within an airport land use plan or within two miles of a public use airport. Thus,
there would be no impact related to public airport hazards and no mitigation measures would be
required.
f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for
people living or working in the project area?
There are no private use airstrips or airports within two miles of the project site. Therefore, there would
be no impact related to private airstrip hazards as a result of implementing the proposed project and no
mitigation measures would be required.
g) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
The City of Cupertino Office of Emergency Services is responsible for coordinating agency response to
disasters or other large‐scale emergencies in the City of Cupertino with assistance from the Santa Clara
County Office of Emergency Services and the SCCFD. The Cupertino Emergency Operations Plan (EOP)35
establishes policy direction for emergency planning, mitigation, response, and recovery activities within
the city. The Cupertino EOP addresses interagency coordination, procedures to maintain communications
with county and State emergency response teams, and methods to assess the extent of damage and
management of volunteers.
The proposed project would not block roads and would not impede emergency access to surrounding
properties or neighborhoods. As described in Chapter 3, Project Description, of this Initial Study,
emergency vehicle access would be provided at two points; one located off of Wolfe Road and the other
off of Pruneridge Avenue described above. The project’s circulation design includes a 0.5 mile fire
Emergency Vehicle Access (EVA) lane that connects to the cul‐de‐sac off of Pruneridge Avenue, forming a
clockwise pattern around the site. Along the route, dedicated 26‐feet by 60‐feet fire truck access pads
would be provided for firefighting equipment to access each building. Six designated fire aerial rig
locations would be strategically located around the buildings on the EVA lane. The EVA lane would be
made of different building materials along its length. In some locations the EVA lane would be made of
asphalt and concrete, while in other locations the EVA land would be made of turf that can support the
weight of a fire truck and would have the appearance of a linear park. Fire access would be maintained
and provided to the AC2 gate at the southern portion of the property.
35 City of Cupertino, Office of Emergency Services. Emergency Operations Plan. September 2005.
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During demolition and construction, vehicles, equipment, and materials would be staged and stored on a
portion of the project site. The construction site and staging areas would be clearly marked, and
construction fencing would be installed to prevent disturbance and safety hazards. No staging would
occur in the public right‐of‐way. A combination of on‐ and off‐site parking facilities for construction
workers would be identified during demolition, grading, and construction. The proposed project would
not interfere with an adopted emergency response plan, or emergency evacuation plan; therefore,
impacts would be less than significant and no mitigation measures would be required.
h) Would the project expose people or structures to a significant risk of loss, injury, or death involving
wildland fires, including where wildland are adjacent to urbanized areas or where residences are
intermixed with wildlands?
The project site is fully developed and is surrounded by built‐out urban use. There are no very high fire
hazard severity zones within the Local Responsibility Areas of Cupertino and there are no high or very high
fire risk areas as shown on the City’s adopted Wildland Urban Interface Fire Area map. The proposed
project would not subject people or structures to wildfire hazards, and no impact would occur. No
mitigation measures would be required.
VIII. HYDROLOGY AND WATER QUALITY
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (the production rate of pre‐existing
nearby wells would drop to a level that would not support
existing land uses or planned uses for which permits have been
granted).
c) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a stream
or river, in a manner which would result in substantial erosion,
siltation, or flooding on‐ or off‐site.
d) Create or contribute runoff water that would exceed the
capacity of existing or planned storm water drainage systems or
provide substantial additional sources of polluted runoff?
e) Otherwise substantially degrade water quality?
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Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
f) Place housing within a 100‐year flood hazard area as mapped on
a Federal Flood Hazard Boundary or Flood Insurance Rate Map
or other flood hazard delineation map or place structures that
would impede or redirect flood flows within a 100‐year flood
hazard area?
g) Expose people or structures to a significant risk of loss, injury or
death involving flooding, including flooding as a result of the
failure of a levee or dam?
h) Potentially be inundated by seiche, tsunami, or mudflow?
GENERAL PLAN EIR
Chapter 4.8, Hydrology and Water Quality, of the General Plan EIR, addresses the hydrology‐ and water
quality‐related impacts as a result of intensified development of the project site. These impacts are
identified as less than significant in the General Plan EIR. The following is a summary of Section, 4.8.1.2,
Existing Conditions, of Chapter 4.8.
EXISTING CONDITIONS
The project site lies within the Calabazas Creek watershed. No creeks are present on the project site. In
addition to the natural drainage system, a network of storm drains collects runoff from city streets and
carries it to the creeks and San Francisco Bay.
The City of Cupertino Department of Public Works is responsible for the design, construction, and
maintenance of City‐owned facilities including public streets, sidewalks, curb, gutter, storm drains. The
capacity of the storm drain facilities within the City of Cupertino were evaluated and documented in the
1993 Storm Drain Master Plan, which identifies the areas within the system that do not have the capacity
to handle runoff during the 10‐year storm event, which is the City’s design standard. The project site is
not located in an area where the storm drains are potentially deficient in conveying the 10‐year storm
(see Table 4.8‐3, Under Capacity Storm Drainage Infrastructure, of the General Plan EIR).
The project site, as does the entire city, lies within the Santa Clara Subbasin of the Santa Clara Valley
Groundwater Basin. In 2012, approximately 40 percent of the water used in Santa Clara County was
pumped from groundwater.36 The rest of the water used in the County is purchased from the Santa Clara
36 Santa Clara Valley Water District, 2012. Annual Groundwater Report for Calendar Year 2012.
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Valley Water District (SCVWD), which receives surface water from the State Water Project (SWP) and the
Central Valley Project (CVP). Additional details on water usage and local water purveyors are provided in
Section XV, Utilities and Service Systems, of this Initial Study.
Santa Clara Valley streams do not receive discharges from industrial or municipal wastewater.37 Industrial
discharges are routed to municipal sanitary sewers and then to regional municipal wastewater treatment
plants that discharge treated effluent to the tidal sloughs of San Francisco Bay. The National Pollutant
Discharge Elimination System (NPDES) permit program was established by the federal Clean Water Act
(CWA) to regulate municipal and industrial discharges to surface waters of the United States from their
municipal separate storm sewer systems (MS4s). Municipal storm water discharges in the City of
Cupertino is subject to the Waste Discharge Requirements of the new Municipal Regional Permit (MRP;
Order Number R2‐2015‐0049) and NPDES Permit Number CAS612008, which became effective on January
1, 2016.
The San Francisco Bay Regional Water Quality Control Board (RWQCB) monitors surface water quality
through implementation of the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan)
and designates beneficial uses for surface water bodies and groundwater within the Santa Clara Valley.
The Basin Plan also contains water quality criteria for groundwater. Groundwater quality in the Santa Clara
subbasin is generally considered to be good and water quality objectives are met in at least 95 percent of
the County water supply wells without the use of treatment methods.38
The project site is not located in a FEMA‐designated 100‐year floodplain or Special Flood Hazard Area
(SFHA). The project site is not within a dam inundation zone. The City of Cupertino is more than eight
miles south of San Francisco Bay and is more than 100 feet amsl, which places the city at a distance that is
considered too far to be affected by a tsunami.39 There are no large bodies of water within the City of
Cupertino or near the project site; thus, the project site would not be impacted by a seiche.
DISCUSSION
a) Would the project violate any water quality standards or waste discharge requirements?
Because the project would disturb one or more acres during construction, the project applicant would be
required to comply with the NPDES Permit and submit Permit Registration Documents (PRDs) to the
SWRCB prior to the start of construction. The PRDs include a Notice of Intent (NOI) and a site‐specific
37 Santa Clara Basin Watershed Initiative, 2003. Volume 1, Watershed Characteristics Report, http://www.scbwmi.org/
accessed May 2, 2014.
38 Santa Clara Valley Water District, 2012. Santa Clara Valley Water District, 2012. 2012 Groundwater Management Plan.
39 Association of Bay Area Governments (ABAG), 2014. Interactive Tsunami Inundation Map.
http://gis.abag.ca.gov/website/Tsunami/index.html accessed April 5, 2014.
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construction Stormwater Pollution Prevention Plan (SWPPP). The SWPPP describes the incorporation of
Best Management Practices (BMPs) to control sedimentation, erosion, and hazardous materials
contamination of runoff during construction. New requirements by the SWRCB would also require the
project applicant to prepare a construction SWPPP that includes post construction treatment measures
aimed at minimizing storm water runoff. With implementation of these measures, water quality impacts
during construction would be less than significant.
In addition, all new development or redevelopment projects that create and/or replace 10,000 square
feet or more of impervious surfaces would be required to incorporate source control, site design, and
stormwater treatment measures into the project, pursuant to the Santa Clara Valley Urban Runoff
Pollution Prevention Program (SCVURPPP) C.3 requirements. The requirements include minimization of
impervious surfaces, measures to detain or infiltrate runoff from peak flows to match pre‐development
conditions, and agreements to ensure that the stormwater treatment and flow control facilities are
maintained in perpetuity. The proposed project would implement the following measures:
Site Design Measures – minimize amount of disturbed land, minimize impervious surfaces, minimum
impact street and parking lot design, cluster structures/pavement, include self‐retaining areas
Source Control Measures – wash area/racks, drain to sanitary sewer; covered dumpster area, drain to
sanitary sewer; sanitary sewer connection or accessible cleanout for swimming pool/spa; beneficial
landscaping (minimize irrigation, runoff, pesticides and fertilizers); regular maintenance including
pavement sweeping, catch basin cleaning, and good housekeeping
Treatment Systems –nineteen bioretention areas scattered throughout the property totaling 13,734
cubic feet
Implementation of these measures and compliance with the C.3 requirements of the MRP would ensure
that post‐development impacts to water quality would be less than significant.
Adherence to applicable water quality regulations, preparation of a SWPPP, implementation of BMPs
during construction, and compliance with the City of Cupertino Municipal Code would ensure that water
quality standards are not violated during construction. Implementation of stormwater site design, source
control, and stormwater treatment measures and compliance with C.3 provisions of the MRP and the City
of Cupertino’s stormwater requirements would result in less‐than‐significant impacts during operation of
the project. Consequently, potential impacts associated with water quality during construction and
operation would be less than significant and no mitigation measures would be required.
b) Would the project substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (the production rate of pre‐existing nearby wells would drop to a level
that would not support existing land uses or planned uses for which permits have been granted)?
The project would be connected to municipal water supplies and does not propose any groundwater wells
on the property. The project site is supplied by California Water Service Company (Cal Water), which
obtains its water from groundwater production (32 percent) and purchases of surface water from the
Santa Clara Valley Water District. The 2010 Urban Water Management Plan for the Los Altos Suburban
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District, which includes the area for the project site, states that there is sufficient water for their
customers for normal, single‐dry, and multiple‐dry years.40 If additional water is needed, Cal Water states
that additional groundwater can be pumped to meet demand through 2040.41 Therefore, the project
would not result in a depletion of groundwater supplies or result in a lowering of groundwater levels.
Water supply is discussed in Section XV, Utilities and Service Systems, below. Furthermore, due to the
project’s location, the development of the proposed project would not interfere with groundwater
recharge that takes place in the McClellan Ponds recharge facility located within the City of Cupertino or
the creeks and streams that run through the city. Therefore, the project would have a less‐than‐significant
impact to groundwater recharge.
The proposed project would be located on a site that is already developed and currently has a high
percentage of impervious surfaces. The proposed project would result in an increase in the amount of
impervious surfaces of 30,281 square feet as compared to existing conditions, which is approximately a 10
percent increase. As a result, the project would result in a slight increase in the amount of runoff from the
property. However, the project would install nineteen bioretention areas, which would contribute to
groundwater recharge by infiltration. Therefore, the project would have a less than significant impact on
groundwater supplies and groundwater recharge and no mitigation measures are needed.
c) Would the substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner which would result in substantial erosion,
siltation, or flooding on‐ or off‐site?
The proposed project would take place within the boundaries of a fully developed site that is currently
connected to the City’s storm drain system. The proposed redevelopment does not involve the alteration
of any natural drainage channels or any watercourse. As shown on Figures 3‐23 and 3‐24 in Chapter 3,
Project Description, of this Initial Study, the proposed project would provide nineteen bioretention water
treatment areas throughout the project site. These would collect runoff from roof areas, parking lots,
sidewalks and streets for treatment and flow control prior to discharge into the internal storm drain
system, which connects to the City’s storm drain system in Wolfe Road and Pruneridge Avenue.
The project applicant would be required, pursuant to the C.3 provisions of the MRP, to implement
construction phase BMPs, post‐construction design measures that encourage infiltration in pervious
areas, and post‐construction source control measures to help keep pollutants out of stormwater. In
addition, post‐construction stormwater treatment measures would be required since the project would
create and/or replace more than 10,000 square feet of impervious surface. These measures would reduce
the amount of stormwater runoff from the project.
40 California Water Service Company, 2011. 2010 Urban Water Management Plan, Los Altos Suburban District.
41 Water Supply Assessment page 23, prepared for CalWater by Yarne & Associates, Inc. included in Appendix C of this Initial
Study.
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During construction, project applicants are subject to the NPDES construction permit requirements,
including preparation of a SWPPP. The SWPPP includes erosion and sediment control measures to stabilize
the site, protect slopes and channels, control the perimeter of the site, minimize the area and duration of
exposed soils, and protect receiving waters adjacent to the site.
Once constructed, the requirements for new development or redevelopment projects include source
control measures and site design measures that address stormwater runoff and would reduce the
potential for erosion or siltation. In addition, Provision C.3 of the MRP would require the project to
implement stormwater treatment measures to contain site runoff, using specific numeric sizing criteria
based on volume and flow rate.
With implementation of these erosion and sediment control measures and regulatory provisions to limit
runoff for new development sites, the proposed project would not result in significant increases in erosion
and sedimentation or contribute to flooding on‐site or off‐site and impacts would be less than significant.
d) Create or contribute runoff water that would exceed the capacity of existing or planned storm water
drainage systems or provide substantial additional sources of polluted runoff?
There are two potential impacts to stormwater runoff hydrology with urban development. Impervious
surfaces, such as roads, sidewalks, and buildings prevent the natural infiltration of stormwater into the soil
and thus create higher runoff volumes. In addition, more rapid transport of runoff over impermeable
surfaces combined with higher runoff volumes result in elevated peak flows. This increase in flows could
adversely impact stormwater drainage systems.
As stated above in criterion (b), the proposed project involves construction of a residential development
on an existing developed property that is currently connected to the City’s storm drain system. The
proposed project would result in a small increase of 30,281 square feet of impervious surfaces over
existing conditions, which in turn could result in a slight increase in the amount of runoff from the
property. However, with the installation of nineteen bioretention areas scattered throughout the property,
the 10 percent increase in impervious surfaces as compared to existing conditions would not result in a
significant change in the volume of stormwater runoff in a manner that would exceed the capacity of the
storm drain system. The bioretention areas would provide both treatment of site runoff, reduction in peak
flow rates, and flow control prior to discharge to the City’s storm drain system. As stated above in the
existing conditions section, the project site is not located in an area where the storm drains are potentially
deficient in conveying the 10‐year storm. The existing storm drain system would be able to handle the
stormwater flow from the site and the impact to stormwater drainage systems would be less than
significant. In addition, with the implementation of stormwater treatment measures, the project would
not provide substantial additional sources of polluted runoff and the impact would be less than
significant.
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e) Would the project otherwise substantially degrade water quality?
As required by storm water management guidelines discussed under criterion (a), BMPs and LID measures
would be implemented across the project site during both construction and operation of the proposed
project. These measures would control and prevent the release of sediment, debris, and other pollutants
into the storm drain system. Implementation of BMPs during construction would be in accordance with
the provisions of the SWPPP, which would minimize the release of sediment, soil, and other pollutants.
Operational BMPs would be required to meet the C.3 provisions of the MRP and these requirements
include the incorporation of site design, source control, and treatment control measures to treat and
control runoff before it enters the storm drain system. The proposed treatment measures would include
the use of bioretention areas to treat and detain runoff prior to discharge to the City’s storm drain system.
With implementation of these BMPs and LID measures in accordance with City and MRP requirements,
the potential impact on water quality would be less than significant.
f) Would the project place housing within a 100‐year flood hazard area as mapped on a Federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map or place
structures that would impede or redirect flood flows within a 100‐year flood hazard area?
The project would not result in the development of residential structures in a FEMA‐designated 100‐year
floodplain or Special Flood Hazard Area (SFHA). No impact would occur and no mitigation measures would
be required.
g) Would the project expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam?
The project site is not in a dam inundation zone or in close proximity to any levees; thus, no impact would
occur and no mitigation measures are necessary.
h) Would the project potentially be inundated by seiche, tsunami, or mudflow?
The project site is not located in close proximity to San Francisco Bay or the Pacific Ocean, and is not
within a mapped tsunami inundation zone.42 Because there are no large bodies of water, such as
reservoirs or lakes, in the vicinity of the project site, there would be no potential for seiches to impact the
project site. In addition, the site is in a relatively flat area of the City and is outside of the ABAG mapped
42 Association of Bay Area Governments (ABAG), 2016. Interactive Tsunami Inundation Map.
http://gis.abag.ca.gov/website/Hazards/?hlyr=tsunami accessed on January 20, 2016.
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zones for earthquake‐induced landslides or debris flow source areas.43 Therefore, no impact would occur
with respect to these issues and no mitigation measures would be required.
IX. LAND USE
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy or regulation of
an agency with jurisdiction over the project (including, but not
limited to, the general plan, specific plan, local coastal program
or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or natural
community conservation plan?
GENERAL PLAN EIR
As discussed in Chapter 4.9, Land Use and Planning, of the General Plan EIR, impacts are determined to be
less than significant as a result of intensified development of the project site. The following is a summary
of Section, 4.9.1.2, Existing Conditions, of Chapter 4.9.
EXISTING CONDITIONS
General Plan
The General Plan land use designation is High Density with greater than 35 dwelling units per acre (High
Density (greater than 35 du/ac)). The project is located in the North Vallco Gateway, which is within the
North Vallco Park Special Area. As described in Chapter 2, Planning Areas, of the General Plan, the North
Vallco Park Special Area is an important employment center for Cupertino and the region. The North
Vallco Gateway includes two hotels and the Cupertino Village Shopping Center west of Wolfe Road. The
North Vallco Park Special Area is envisioned to become a sustainable office and campus environment
surrounded by a mix of connected, high‐quality and pedestrian‐oriented neighborhood center, hotels and
residential uses. Taller building heights and additional density may be allowed in the North Vallco
43 Association of Bay Area Governments (ABAG), 2016. Ranifall‐Induced Landslides, Debris Flow Source Areas and
Earthquake Induced Landslides. Accessed at http://resilience.abag.ca.gov/landslides/ on January 20, 2016.
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Gateway. In addition, the project site is also one of the five Priority Housing Element sites in the City’s
adopted Housing Element.44
The maximum density currently permitted on the site is 85 dwelling units per acre (du/ac) and, as
described in the Housing Element, the realistic capacity is a net increase of 600 units.45 The maximum
height of 75 feet or 60 feet for buildings located within 50 feet of property lines abutting Wolfe Road,
Pruneridge Avenue and the AC2 site is allowed in the North Vallco Gateway.
Zoning
The project site is within the Planned Development with Residential (P(Res)) zoning district. As described
in Municipal Code 19.80.010,46 the planned development zoning district is intended to provide a means of
guiding land development or redevelopment of the city that is uniquely suited for planned coordination of
land uses. Development in this zoning district provides for a greater flexibility of land use intensity and
design because of accessibility, ownership patterns, topographical considerations, and community design
objectives. This zoning district is intended to accomplish the following:
Encourage variety in the development pattern of the community.
Promote a more desirable living environment.
Encourage creative approaches in land development.
Provide a means of reducing the amount of improvements required in development through better
design and land planning.
Conserve natural features.
Facilitate a more aesthetic and efficient use of open spaces.
Encourage the creation of public or private common open space.
All planned development districts are identified on the zoning map with the letter coding "P" followed by
a specific reference to the general type of use allowed in the particular planning development zoning
district. The general type of use allowed on the project site is Residential (RES).
Setbacks
The required setbacks for the project site include a front setback of 1:1 slope from the edge of the existing
curb and a rear yard setback of 20 feet.
44 The City’s 2014‐2022 Housing Element was adopted on May 19, 2015.
45 Cupertino 2014‐2022 Housing Element, Table HE‐5, Summary of Priority Housing Element Sites To Meet The RHNA‐
Scenario A.
46 Cupertino Municipal Code, Title 19, Zoning, Chapter 19.80, Planed Development, Section 19.80.010, Purpose.
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Parking
Per Municipal Code Section 19.124.040, high‐density residential apartments are required to provide two
parking spaces per dwelling unit for vehicular parking and 0.4 bicycle storage space per dwelling unit.47
DISCUSSION
a) Would the project physically divide an established community?
As discussed in the General Plan EIR, because the development of the proposed project would occur on a
site that is currently developed, would retain the existing roadway patterns, and would not introduce any
new major roadways or other physical features through existing residential neighborhoods or other
communities that would create new barriers, the project would not physically divide an established
community. Therefore, no impact would occur and no mitigation measures would be required.
b) Would the project conflict with any applicable land use plan, policy or regulation of an agency with
jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal
program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental
effect?
The proposed project would develop a high‐density residential development that would consist of six and
seven‐story buildings, which would be consistent with the types of development envisioned in the North
Vallco Special Area and North Vallco Gateway. The proposed project would be 75 feet tall at its highest
point, and would have a 60‐foot maximum (six stories) height that is within 50 feet of the adjacent
property line along Wolfe Road, Pruneridge Avenue and the AC2 property. The maximum density under
the proposed project would be 75 du/ac. Accordingly, the proposed project would be consistent with the
land use designations specified in the General Plan. As shown on Figure 3‐15 in Chapter 3, Project
Description, of this Initial Study, all of the project buildings would comply with the 1:1 front setback
requirement as measured from the adjacent curb and existing topography and exceed the 20‐foot rear
yard setback requirement. The proposed project would not require any amendments to the Cupertino
General Plan or Zoning Ordinance.
Municipal Code Section 19.124.040 requires high‐density residential apartments are required to provide
two parking spaces per dwelling unit for vehicular parking and 0.4 bicycle storage space per dwelling
unit.48 The project would include more than the 377 Class I bike storage spaces in accordance with the 0.4
space per dwelling unit requirement; however, the project would provide 1,716 vehicle parking spaces,
47 Cupertino Municipal Code, Title 19, Zoning, Chapter 19.124, Parking Regulations, Section 19.124.040, Regulations For Off‐
Street Parking, Table 19.124.040(A).
48 Cupertino Municipal Code, Title 19, Zoning, Chapter 19.124, Parking Regulations, Section 19.124.040, Regulations For Off‐
Street Parking, Table 19.124.040(A).
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which represents approximately 9 percent fewer parking spaces (1,716 parking spaces compared to 1,884
parking spaces) and a parking supply rate of approximately 1.8 parking spaces per dwelling unit.
In order to determine the adequate number of vehicle parking spaces for the proposed project, a Parking
Ratio Analysis was prepared by the project applicant. The Parking Ratio Analysis was based on six high‐
density residential projects similar to the proposed project and included units ranging from 2,762 to 825
units located in the cities of San Jose and Santa Clara. The Parking Ratio Analysis is included in Appendix I,
Parking and Transportation Data, of this Initial Study. Of the six residential projects surveyed, the parking
demand per unit ratio ranged from 1.88 to 1.67 parked vehicles per room. The Parking Ratio Analysis
research helps to demonstrate that the proposed parking ratio of 1.8 parking spaces per unit would
provide adequate parking for the proposed project. Furthermore, as discussed in Chapter 3, Project
Description, the project applicant prepared a draft Transportation Demand Management (TDM) Plan to be
implemented as part of the proposed project. The draft TDM Plan is included in Appendix H, Draft
Transportation Demand Management Plan, of this Initial Study. The draft TDM Plan includes many design
features and amenities that promote the use of alternative transportation and reduce vehicular parking
needs. The draft TDM Plan outlines trip reduction measures and strategies in order to:
Reduce the amount of traffic generated by the proposed project.
Promote the more efficient utilization of existing transportation facilities.
Maximize the potential for alternative transportation usage.
Establish an ongoing monitoring and enforcement program to ensure that the desired alternative
mode use is achieved.
As discussed in the Hamptons Apartment Complex Transportation Impact Analysis (TIA) prepared by Fehr
& Peers in December 2015 (see Appendix I of this Initial Study), the Institute of Transportation Engineers
(ITE) Parking Generation 4th Edition shows weekday average peak‐period parking demand for low/midrise
apartments to be 1.23 vehicle spaces per dwelling unit for suburban locations. Typical engineering
practice for residential parking is to provide 10 to 15 percent more parking than demand to account for
turn‐over and to avoid vehicles circulating for parking. With a 10 to 15 percent increase, the ITE Parking
Generation would suggest a parking ratio of 1.35 to 1.42 spaces per dwelling unit. In addition, the high
percentage of one bedroom and studio units (68 percent/639 units), the new bike hub, the high‐level of
pedestrian connectivity, and increased use of rideshare companies like Uber and Lyft, are anticipated to
reduce parking demand. The TIA prepared for the project recognizes that the future residents of the
proposed project may work at the AC2 site and would choose alternative modes of transportation to the
automobile, which would reduce projected AM and PM trips by 10 percent. The parking reduction
proposed by the project represents similar reduction. For the reasons stated above, a parking ratio of 1.8
vehicle spaces per dwelling unit is justified for the proposed project.
Therefore, impacts would be less than significant and no mitigation measures would be required.
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c) Conflict with any applicable habitat conservation plan or natural community conservation plan?
As discussed in the General Plan EIR, the City of Cupertino is located outside the boundaries of the Santa
Clara Valley Habitat Plan. The city is not located within any other habitat conservation plan or natural
community conservation plan and would not conflict with any such plan. Therefore, no impact would
occur and no mitigation measures would be required.
X. NOISE
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Expose people to or generate noise levels in excess of standards
established in the local general plan or noise ordinance, or other
applicable standards?
b) Expose people to or generate excessive groundborne vibration
or ground borne noise levels?
c) Create a substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the project?
d) Create a substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing without
the project?
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within 2 miles of a public
airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive noise levels?
GENERAL PLAN EIR
Chapter 4.10, Noise, of the General Plan EIR, addresses the noise and vibration impacts associated with
intensified development of the project site. The following is a summary of Section, 4.10.1.3, Existing
Conditions, of Chapter 4.10.
EXISTING CONDITIONS
Noise is defined as unwanted sound, and is known to have several adverse effects on people, including
hearing loss, speech and sleep interference, physiological responses, and annoyance. Based on these
known adverse effects of noise, the federal government, State of California, and City of Cupertino have
established criteria to protect public health and safety and to prevent disruption of certain human
activities. Noise‐related terminology/descriptors, pertinent existing regulations and Cupertino General
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Plan Health and Safety Element guidelines, calculations for traffic noise levels, and calculations for
construction noise and vibration levels can be found in Appendix G, Noise Data, to this Initial Study.
The principal noise sources affecting the project site are traffic noise from I‐280 and Wolfe Road. The
nearest public airports are San Jose International Airport, approximately 5.1 miles to the northeast, and
Palo Alto Airport, approximately 10.5 miles to the northwest. The nearest heliports are Mc Candless
Towers Heliport, approximately 4.3 miles to the northeast, and County Medical Center Heliport,
approximately 4.5 miles to the southeast. The nearest private airport is Moffett Federal Airfield,
approximately 6.1 miles to the northwest.
DISCUSSION
a) Would the project expose people to or generate noise levels in excess of standards established in the
local general plan or noise ordinance, or other applicable standards?
Mobile-Source Noise Impacts
The proposed project would generate noise associated with additional vehicles traveling to and from the
project site on local roadways. The roadway noise modeling was based on average daily trips (ADT) on
roadway segments in the vicinity; as analyzed in the project TIA (see Appendix I of this Initial Study). Traffic
noise was evaluated for Existing, Existing plus Project, Background, and Background plus Project
conditions. Noise modeling procedures involved the calculation of vehicular noise levels along individual
roadway segments. This was accomplished using the Federal Highway Administration Highway Noise
Prediction Model. This model calculated the average noise level at specific locations based on traffic
volumes, average speeds, roadway geometry, and site conditions. The proposed project’s impact is
determined by analysis of off‐site traffic noise increases. Parameters and modeling results are included in
Appendix G, Noise Data, of this Initial Study.
The proposed project would be subject to traffic noise from I‐280 and Wolfe Road. The traffic on I‐280
would be the dominant roadway noise sources at the project site. Table 5‐8, compares the noise levels of
each roadway segment for existing and background conditions.
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TABLE 5‐8 PROJECT CONTRIBUTIONS TO TRAFFIC NOISE LEVELS
Roadway Segment Existing,
dBA CNEL
Background +
Project,
dBA CNEL
Overall
Increase,
dB
Project
Contribution,
dB
Significant
Impact?
Wolfe Road El Camino Real to Fremont 73.9 74.3 0.4 0.0 no
Wolfe Road Fremont to Marion 69.9 70.5 0.7 0.1 no
Wolfe Road Marion to Inverness 69.1 69.8 0.7 0.1 no
Wolfe Road Inverness to Homestead 68.6 69.4 0.8 0.1 no
Wolfe Road Homestead to AC2 70.8 72.1 1.2 0.2 no
Wolfe Road AC2 to Pruneridge 70.8 73.4 2.6 0.2 no
Wolfe Road Pruneridge to I‐280 NB 71.2 73.7 2.5 0.3 no
Wolfe Road I‐280 NB to I‐280 SB 71.1 73.2 2.1 0.2 no
Wolfe Road I‐280 SB to Vallco 74.3 75.9 1.6 0.1 no
Wolfe Road Vallco to Stevens Creek 70.4 71.3 0.9 0.1 no
Stevens Creek Blvd. De Anza to Miller 73.6 74.5 0.9 0.1 no
Stevens Creek Blvd. Miller to Tantau 73.4 74.8 1.4 0.0 no
Homestead Rd. Wolfe Road to Tantau 67.9 69.3 1.4 0.1 no
Homestead Rd. Tantau to Lawrence 69.0 69.7 0.7 0.0 no
Source: Federal Highway Administration Highway Noise Prediction Model (FHWA‐RD77‐108).
As shown in Table 5‐8, traffic noise increases due to project contributions range from 0.0 to 0.2 dBA. An
increase of less than 3 dB CNEL is generally not noticeable and is not considered to be significant.
Consequently, noise impacts generated by project‐related traffic would be less than significant and no
mitigation measures would be required.
Stationary-Source Noise Impacts
Stationary sources of noise generated by the proposed project would comply with the noise standards of
the City of Cupertino. Stationary (non‐transportation) noise sources associated with the proposed
residential development would include heating, ventilation, and air conditioning (HVAC) units. The new
HVAC units are expected to be located on the roofs of the multi‐family buildings with the HVAC units most
likely grouped into clusters. The nearest receptors that could potentially be affected by HVAC units are the
nearby hotel uses to the west (across Wolfe Road). However, ambient noise levels at the hotels are
already elevated under existing conditions due to heavy traffic flows on both I‐280 and Wolfe Road.
Therefore, the noise levels due to the proposed project’s HVAC units would be lower at the nearby hotels
than ambient noise levels caused by the traffic‐related sources. Additionally, machinery and other
stationary sources of noise are regulated by the City of Cupertino’s Municipal Code. The City of Cupertino
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requires that noise generated on a residential property be prohibited from exceeding 50 dBA during the
night time (10:00 p.m. to 7:00 a.m.) and 60 dBA during the day time (7:00 a.m. to 10:00 p.m.) at receiving
properties.
Because the proposed project’s HVAC units would comply with noise standards contained within the City
of Cupertino’s Municipal Code, and because surrounding noise‐sensitive uses experience high ambient
noise levels, the impacts to any existing noise‐sensitive uses in the project vicinity would be less than
significant and no mitigation measures would be required.
Impacts to Residential Areas-Exterior
The General Plan Health and Safety (HS) Element specifies guidelines for acceptable community noise
levels according to type of land use. The proposed project is located within an area zoned as residential.
Pursuant to Policy HS‐8.1, the Land Use Compatibility for Community Noise Environments chart, Future
Noise Contour Map, and City Municipal Code should be used to evaluate land use decisions. According to
the Land Use Compatibility for Community Noise Environments chart in the General Plan (i.e., Figure HS‐
8), an outdoor noise standard of 65 dBA Ldn would be considered “normally acceptable” for multi‐family
residential developments, while environments up to 70 dBA Ldn would be considered “Conditionally
Acceptable.” In the case of Conditionally Acceptable noise levels, “New construction or development
should be undertaken only after a detailed analysis of the noise reduction requirements is made and
needed noise reduction features included in the design. Conventional construction, but with closed
windows and fresh air supply systems or air conditioning would normally suffice.” Multi‐family residential
developments in environments between 70 and 75 dBA Ldn would be considered as “Normally
Unacceptable.” In the case of Normally Unacceptable noise levels, “New construction or development
should generally be discouraged. If new construction or development does proceed, a detailed analysis of
the noise reduction requirements must be made and needed noise insulation features included in the
design.”
Based on the General Plan EIR noise analysis, both existing (2014) and future (2040) noise levels on most
portions of the project site would generally be between 65 and 70 dBA CNEL. Some portions of the
project site would have noise levels greater than 70 dBA CNEL, however. Specifically, approximately 75
percent of the site would be between 65 and 70 dBA CNEL, and approximately 25 percent49 would be at
or above 70 dBA CNEL, due to traffic flows on adjacent roadways. These exterior noise levels would fall
within either the “Conditionally Acceptable” or “Normally Unacceptable” land use compatibility
classifications. Therefore, the noise environment for the entire project site would not conform to the land
use compatibility guidelines of the City’s Health and Safety Element policies (for exterior environments), a
detailed analysis of the noise reduction requirements must be completed for plan check approvals, and
49 These greater‐than‐70 dBA CNEL would include the southern portions of proposed Buildings D and E that face the Wolfe
Road exit ramp and the I‐280 freeway.
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the needed noise insulation features must be included in the design. Although the project by itself would
not be a major source of noise, vehicle traffic, construction equipment, and project mechanical
equipment would contribute to existing sources of noise. Under the CBIA v. BAAQMD, where a project
would exacerbate an existing environmental hazard, CEQA requires an analysis of the worsened condition
on future project residents and the public at large.
Impacts to Residential Areas-Interior
For interior spaces, the 2013 California Building Code (CBC) specifies an interior noise standard of 45 dB
CNEL50 for single‐ and multi‐family residential land use. The interior habitable environment excludes
bathrooms, closets, and corridors. The interior noise standard shall be satisfied with windows in the
closed position and mechanical ventilation shall be provided per uniform building code (UBC)
requirements.
Noise levels at future facades of residential units that face and have a clear exposure to the I‐280
freeway are expected to be at or above 70 dBA CNEL. Typical wood frame construction techniques with
standard thermal insulating glass in moderately sized (less than one‐third of the exterior wall area)
closed windows would reduce traffic noise levels by approximately 24 to about 25 dB.51 This reduction
can potentially be increased to upwards of 30 dB (for the ‘windows‐closed’ configuration) by using
improved noise reduction methods.
Based on these average exterior‐to‐interior noise attenuation factors (i.e., 24 to 25 dB), interior levels in
residences which face and have a clear exposure to the I‐280 freeway can be expected to be above the
state interior requirement of 45 dBA CNEL when standard thermal insulating windows are closed (for the
purpose of noise control). Additionally, with such a windows‐closed configuration, adequate ventilation
must be provided according to the 2013 California Building and Mechanical Code as well as the American
Society of Heating, Refrigerating and Air‐Conditioning Engineers (ASHRAE). Additionally, such ventilation
systems and the associated HVAC units must be selected and installed to comply with the noise standards
contained within the City of Cupertino’s Municipal Code. Further, the ventilation system selected should
not compromise the outdoor‐to‐indoor noise attenuation of the structure. These projected interior noise
levels – even with closed windows – would not comply with the requirements of the State of California
Building Code and would, thus, require noise reduction measures to pass the plan check approval process.
It should be noted that the windows‐open configuration would be even more problematic when
residential windows are open. This is because traffic noise attenuation from the exterior to interior
50 Taken to be equivalent to 45 dBA Ldn.
51 Society of Automotive Engineers, Inc. (SAE). 1971, October. House Noise – Reduction Measurements for Use in Studies of
Aircraft Flyover Noise. AIR 1081.
California Department of Transportation (Caltrans). 2009, November. Technical Noise Supplement (“TeNS”). Prepared by ICF
International.
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spaces is reduced to between 15 to 17 dB in a best‐case scenario and, more typically, to between 12 to
14 dB.52 Since the entire site has existing and future noise environment above 65 dBA CNEL – due to
traffic flows on I‐280, Wolfe Road, and Pruneridge Avenue – essentially the entire proposed project can
also be expected to experience an interior level exceeding 45 dBA CNEL when the windows are open.53
Therefore, there is a high probability that interior noise levels for most, if not all, residential areas would
be in excess of the State standards for residential interiors when windows are in the open configuration.
As such, these window‐open interior noise levels would expand both the severity and breadth of the non‐
compliance with the requirements of the State of California Building Code (relative to the windows‐closed
plus active ventilation configuration).
Although the project by itself would not be a major source of noise, vehicle traffic, construction
equipment, and project mechanical equipment would contribute to existing sources of noise. Under the
CBIA v. BAAQMD, where a project would exacerbate an existing environmental hazard, CEQA requires an
analysis of the worsened condition on future project residents and the public at large.
Impacts to Outdoor Common Areas
The proposed project includes several outdoor areas that would be considered as ‘common’ and available
to all the residents. These outdoor areas include two pools, as well as lawn, paseo, and plaza areas.
The City’s Health and Safety Element does not contain guidelines for noise environments in common‐use
areas for multi‐family developments so there are no thresholds for evaluating acceptability.
All of these outdoor common areas are near the center of the development and are relatively well
shielded from traffic flow noise on I‐280, Wolfe Road, and Pruneridge Avenue. The future noise
environments in these common areas would be evaluated as part of the aforementioned exterior noise
study, which would be mandated by conformance to the City’s Health and Safety Element policies and to
the conditions of the land use compatibility conditions therein.
52 U. S. Environmental Protection Agency (EPA). 1978, November. Protective Noise Levels (Condensed Version of EPA Levels
Document…see immediately below). EPA 550/9‐79‐100. U. S. Environmental Protection Agency (EPA). 1974, March. Information
on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety. U.S. EPA
Office of Noise Abatement and Control, Washington, D.C. Society of Automotive Engineers, Inc. (SAE). 1971, October. House
Noise – Reduction Measurements for Use in Studies of Aircraft Flyover Noise. AIR 1081.
53 For brevity in this evaluation, benefits to northernmost and easternmost portions of the project due to intervening
buildings (i.e., proposed Buildings D, E, and F) were neglected.
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Construction Noise
Section 10.48.053 of the City’s Municipal Code prescribes allowable hours and noise emissions levels for
construction activities within the city limits. The assessment of potential noise impacts due to project
construction are discussed below in criterion (d).
b) Would the project expose people to or generate excessive groundborne vibration or ground borne
noise levels?
Operations Vibration
The operation of the proposed project would not include any long‐term vibration sources. Thus, vibration
effects or impacts from operations sources would be less than significant and no mitigation measures
would be required.
Construction Vibration
Project construction can generate varying degrees of ground vibration, depending on the construction
procedures, the equipment used, and the proximity to vibration‐sensitive uses. Construction equipment
generates vibrations that spread through the ground and diminish in amplitude with distance from the
source. The effect on buildings near a construction site varies depending on the type and depth of the
source, soil type, ground strata, and receptor building construction. The generation of vibration can range
from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible
vibrations at moderate levels, or to slight damage at the highest levels. Vibration is typically noticed
nearby when objects in a building generate noise from rattling windows or jangling picture frames. It is
typically not perceptible outdoors and, therefore, impacts are normally based on the distance to the
nearest building.54 Table 5‐9 lists vibration levels for different types of construction equipment.
54 Federal Transit Administration (FTA). 2006, May. Transit Noise and Vibration Impact Assessment. United States
Department of Transportation. FTA‐VA‐90‐1003‐06.
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TABLE 5‐9 CONSTRUCTION EQUIPMENT VIBRATION LEVELS
Equipment
Approximate RMSa Velocity
Level at 25 Feet (VdB)
Approximate PPV Velocity at
25 Feet (in/sec)
Vibratory Roller 94 0.210
Large Bulldozer 87 0.089
Caisson Drilling 87 0.089
Loaded Trucks 86 0.076
Jackhammer 79 0.035
Small Bulldozer 58 0.003
Note:
a. RMS velocity calculated from vibration level (VdB) using the reference of 1 microinch/second and a crest factor of 4.
Source: FTA 2006.
Construction Vibration-Induced Architectural Damage
The City does not have specific, vibration‐related standards. Thus, project‐related construction vibration
was evaluated for its potential to cause minor architectural damage55 based on FTA’s architectural damage
criteria. According to guidelines from the FTA for assessing damage from vibration caused by construction
equipment, the threshold at which there is a risk of architectural damage for non‐engineered timber and
masonry buildings is 0.200 peak particle velocity (PPV) in inches per second. According to Caltrans’s
research and measurements, earthmovers and haul trucks have never exceeded PPV of 0.100 inches per
second (in/sec) at 10 feet.56
Likewise, ground vibration from construction activities rarely reach levels that can damage structures, but
can achieve levels in buildings close to a construction site that are in the perceptible ranges.57
Groundborne vibration generated by construction projects is usually highest during pile driving and rock
blasting. No pile driving and rock blasting activities are anticipated to be required during project
construction.
The nearest off‐site structures are the hotels to the west across Wolfe Road, approximately 175 feet from
the project site boundary. Table 5‐10 shows the vibration levels from typical earthmoving construction
equipment at a distance of 175 feet.
55 The term architectural damage is typically used to describe effects such as cracked plaster, cracks in drywall seams,
sticking doors or windows, loosened baseboard/crown moldings, and the like.
56 California Department of Transportation (Caltrans), Division of Environmental Analysis. 2002, February. Transportation
Related Earthborne Vibration (Caltrans Experiences). Technical Advisory, Vibration. TAV‐02‐01‐R9601. Prepared by Rudy
Hendricks.
57 Federal Transit Administration (FTA). 2006, May. Transit Noise and Vibration Impact Assessment. United States
Department of Transportation. FTA‐VA‐90‐1003‐06.
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TABLE 5‐10 MAXIMUM VIBRATION LEVELS FROM CONSTRUCTION EQUIPMENT
Equipment Vibration Levels (PPV) at 175 Feet
Vibratory Roller 0.011
Large Bulldozer 0.005
Caisson Drilling 0.005
Loaded Trucks 0.004
Jackhammer 0.002
Small Bulldozer 0.000
Source: Federal Transit Administration (FTA), Transit Noise and Vibration Impact Assessment, May 2006.
As shown in Table 5‐10, construction activities associated with the project would not exceed 0.011 PPV
in/sec at the nearest structures in the vicinity of the project site. This value is well below the FTA’s criteria
for vibration‐induced structural damage of 0.200 PPV in/sec. Therefore, impacts from vibration‐induced
architectural damage at off‐site structures would be less than significant and no mitigation measures
would be required.
Construction Vibration Annoyance
While not presenting potential impacts relative to architectural damage, some construction activities may
be perceptible at the nearest off‐site receptors due to of proximity to the activities. However, vibration‐
related construction activities would occur in the daytime when people are least sensitive to vibration
levels (as many people would be away from their residences during the day).
The level where vibration becomes annoying is 78 VdB for residential uses, and 84 VdB for office uses.
Human annoyance occurs when construction vibration rises significantly above the threshold of human
perception for extended periods of time. Construction activities are typically distributed throughout the
project site and would only occur for a very limited duration when equipment would be working in close
proximity. Therefore, distances to the nearest receptors are measured from the center of the construction
site, to represent the average vibration level.
The nearest sensitive receptors are the hotels to the west across Wolfe Road, approximately 600 feet from
the center of the project site. Table 5‐11 shows the vibration levels from typical earthmoving construction
equipment at a distance of 600 feet.
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TABLE 5‐11 AVERAGE VIBRATION LEVELS FROM CONSTRUCTION EQUIPMENT
Equipment Vibration Levels (VdB) at 600 Feet
Vibratory Roller 66
Large Bulldozer 59
Caisson Drilling 59
Loaded Trucks 58
Jackhammer 51
Small Bulldozer 30
Source: Federal Transit Administration (FTA), Transit Noise and Vibration Impact Assessment, May 2006.
On average, construction‐generated vibration levels would not exceed 66 VdB, and therefore would not
exceed the threshold for human annoyance at nearby sensitive receptors. Heavy equipment would only
operate at the project boundary for brief periods, if at all. As heavy construction equipment moves
around the project site, the average vibration levels at the nearest structures would diminish with
increasing distance between structures and the equipment, and would generally not be perceptible.
Vibration during construction would not exceed the FTA’s annoyance threshold at the nearest structures,
and therefore the impact would be less than significant and no mitigation measures would be required.
In summary, the generation of groundborne vibration or groundborne noise levels due to operations at
the proposed project or during construction activities would be less than significant and no mitigation
measures would be required.
c) Would the project create a substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project?
As described in criterion (a) above, increases in noise levels related to stationary noise sources for the
proposed project would not substantially elevate the existing ambient noise environment. Similarly, noise
from project‐related traffic along local roadways would not significantly increase noise levels in the project
area. Accordingly, impacts would be less than significant and no mitigation measures would be required.
d) Would the project create a substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project?
Potential temporary increases in ambient noise levels would be associated with construction activities.
Sensitivity to noise is based on the location of the equipment relative to sensitive receptors, the time of
day, and the duration of the noise‐generating activities. Two types of short‐term noise impacts could
occur during construction: (1) mobile‐source noise from the transport of workers, material deliveries, and
debris/soil hauling and (2) on‐site noise from use of construction equipment. Construction activities are
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anticipated to last approximately three years. The following discusses construction noise impacts to the
off‐site sensitive receptors.
Construction Vehicles
The transport of workers and equipment to the construction site would incrementally increase noise
levels along site access roadways. The primary access routes for construction vehicles to the project site
would be Wolfe Road and Pruneridge Ave. Project‐related construction worker vehicles, haul trucks, and
vendor trucks could pass by existing hotel uses along Wolfe Road west of the project site. Construction‐
related activities would generate worker, vendor, and soil haul trips. The demolition and grading phases
would generate the most trips due to soil haul. Regardless, the 325 construction‐related daily trips58
would result in negligible noise level increases when compared to the traffic flow noise currently
generated on the roadways (31,305 Average Daily Trips [ADT]). In addition, these truck trips would be
spread throughout the workday and would primarily occur during non‐peak traffic periods. Therefore,
noise impacts from construction‐related truck traffic would be less than significant at noise‐sensitive
receptors along the construction routes and no mitigation measures would be required.
Construction Equipment
According to Section 10.48.053 of the City’s Municipal Code, construction is allowed during “daytime
hours” (7:00 a.m. to 8:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. on weekends), provided
that such construction activities do not exceed 80 dBA at the nearest affected property or individual
equipment items do not exceed 87 dBA at 25 feet.59 Construction is prohibited on holidays and within 750
feet of residential areas on weekends, unless a special exception has been granted, and during nighttime
hours unless it meets the nighttime noise level standards. Even with these restrictions, project
construction would temporarily increase ambient noise. However, noise levels would subside again after
construction.
Typically, demolition and grading activities generate the loudest noise because they involve the largest
and most powerful equipment. However, the project site is generally level, and only a nominal amount of
heavy earthwork would be required. Therefore, construction activities for the project would utilize
relatively small‐ to medium‐sized equipment such as delivery/dump trucks, loaders/backhoes, dozers,
excavators, scrapers, a grader, forklifts, a crane, rollers, and pavers. The total duration for construction
58 This evaluation conservatively considered the overlapping phases of building demolition hauling plus asphalt demolition
hauling plus soil hauling.
59 These 80 and 87 dBA sound levels are taken to be the maximum continuous or repeated peak value measured by the use
of a sound level meter and the “A” weighting network and the “SLOW” metering response, per Municipal Code Section
10.48.010.
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would be approximately three years. As shown in Table 5‐12 operational noise levels of most construction
equipment range between 80 and 88 dBA at 50 feet.60
TABLE 5‐12 TYPICAL CONSTRUCTION EQUIPMENT NOISE LEVEL
Type of Equipment
Range of Maximum Sound
Levels Measured
(dBA at 50 ft.)
Suggested Maximum Sound
Levels for Analysis
(dBA at 50 ft.)
Jack Hammers 75–85 82
Pneumatic Tools 78–88 85
Pumps 74–84 80
Dozers 77–90 85
Scrapers 83–91 87
Haul Trucks 83–94 88
Cranes 79–86 82
Portable Generators 71–87 80
Rollers 75–82 80
Tractors 77–82 80
Front‐End Loaders 77–90 86
Hydraulic Backhoe 81–90 86
Hydraulic Excavators 81–90 86
Graders 79–89 86
Air Compressors 76–89 86
Trucks 81–87 86
Source: Bolt, Beranek & Newman; Noise Control for Buildings and Manufacturing Plants, 1987.
Construction equipment typically moves around on the project site and uses various power levels. Noise
from localized point sources (such as construction equipment) decreases by approximately 6 to 7.5 dB
60 Neglecting detailed sound propagation considerations for the near‐field/transition‐zone/far‐field environs, these
reference sound levels would simplistically be adjusted to 86 to 94 dBA at 25 feet. Thus, several equipment items could
potentially have typical sound emissions that would be higher than the Section 10.48.053 standards.
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with each doubling of distance between the source and receptor.61 For example, the noise levels from a
dozer that generates 85 dBA at 50 feet would measure 79 dBA at 100 feet, 73 dBA at 200 feet, 67 dBA at
400 feet, and 61 dBA at 800 feet (conservatively use a 6 dB per doubling of distance attenuation factor).
The nearest offsite receptors are the hotels and apartments to the west of the site, across Wolfe Road.
The hotels are approximately 600 feet from the center of construction; Arioso Apartments are 800 feet
from the main construction zone. Equipment operates intermittently and at varying power settings, as
well as moving around the site. Therefore, noise would also be intermittent as well as temporary during
the construction period. The heaviest and loudest equipment would be used during the demolition and
grading phases. Assuming a worst‐case situation of combined demolition and grading phases, with two
pieces of earthmoving equipment (e.g., backhoes, loaders), a concrete saw, three excavators, two
scrapers, a grader, and two dozers, and assuming that all equipment operates simultaneously in the
center of the site, the noise levels would be 68 dBA Leq at the hotels, and 65 dBA Leq at the Arioso
Apartments. Subsequent phases would mostly use lighter equipment, such as forklifts, cranes, welders,
and compressors, so the noise levels would be expected to be less than for demolition and grading.
Therefore, construction activity would not be expected to exceed the noise ordinance’s limit of 80 dBA
(Lmax). Because the hotels and apartments lie within 750 feet of the construction boundary, project
construction would not be allowed on weekends pursuant to Municipal Code Section 10.48.053. Due to
the distances to sensitive receptors, the limitation on construction hours to the least noise‐sensitive
portion of the day (7:00 a.m. to 8:00 p.m.), and the construction activity noise level limit, impacts at
offsite receptors would be less than significant, and no mitigation would be necessary.
e) For a project located within an airport land use plan or, where such a plan has not been adopted,
within 2 miles of a public airport or public use airport, would the project expose people residing or
working in the project area to excessive noise levels?
The proposed project is not located within an airport land use plan or within two miles of an airport. The
nearest public airports are San Jose International Airport, approximately 5.1 miles to the northeast, and
Palo Alto Airport, approximately 10.5 miles to the northwest. At these distances from the aircraft facilities,
the proposed project would not expose residents or patrons to excessive noise levels from aircraft noise.
No impacts related to noise from public airport would occur and no mitigation measures are necessary.
f) For a project within the vicinity of a private airstrip, would the project expose people residing or
working in the project area to excessive noise levels?
The proposed project is not located within the immediate vicinity of a private airstrip or heliport. The
nearest heliports are Mc Candless Towers Heliport, approximately 4.3 miles to the northeast, and County
61 As sound energy travels outward from the source, spreading loss accounts for a 6 dB decrease in noise level. Soft ground
and atmospheric absorption effects can decrease this by an additional 1.5 dB.
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Medical Center Heliport, approximately 4.5 miles to the southeast. The nearest private airport is Moffett
Federal Airfield, approximately 6.1 miles to the northwest. At these relatively long distances from the
aircraft facilities, the proposed project would not expose residents to excessive noise levels from private
airstrip or heliport noise. No impacts related to noise from private airstrip would occur and no mitigation
measures would be required.
XI. POPULATION AND HOUSING
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Induce substantial unexpected population growth or growth for
which inadequate planning has occurred, either directly (for
example, by proposing new homes and businesses) or indirectly
(for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing housing units,
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
GENERAL PLAN EIR
As discussed in Chapter 4.11, Population and Housing, of the General Plan EIR, impacts were determined
to be less than significant as a result of intensified development of the project site. As discussed in
Chapter 4, Consistency with the General Plan EIR, of this Initial Study, the General Plan would introduce
approximately 12,998 new residents62 and 16,855 new jobs63 to Cupertino. These new residents and jobs
combined with existing conditions would result in 71,300 residents and 44,242 jobs at the 2040 buildout
horizon.
EXISTING CONDITIONS
The project is anticipated to be complete by 2020. According to the Association of Bay Area Governments
(ABAG), Cupertino would have 62,500 residents and 30,110 jobs by 2020.
62 Population is calculated by 4,421 units times 2.94 persons per household, which is the ABAG 2040 estimated
generation rate.
63 Jobs are calculated applying the City’s generation rates as follows; 4,040,231 square feet of office allocation divided by
300 square feet equals 13,467 jobs; 1,343,679 square feet of commercial allocation divided by 450 square feet equals 2,986 jobs;
and 1,339 hotel rooms at .3 jobs per room equals 402 jobs for a total of 16,855 jobs.
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No new residential projects have been developed or approved for development in Cupertino since the
adoption of the General Plan. The site is currently developed with ten residential buildings totaling 342
multi‐family units. The existing residential development includes 308 market rate units and 34 below
market rate units.
DISCUSSION
a) Would the project induce substantial unexpected population growth or growth for which inadequate
planning has occurred, either directly (for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other infrastructure)?
Based on a projected average household size of 2.88 persons,64 it is assumed the proposed project would
introduce 1,728 new residents65 to the project site, which would increase the number of residents on the
site from the existing 985 residents66 to approximately 2,713 residents at project buildout in 2020.
Because the majority of the proposed apartment units would be studio and one‐bedroom units, it is likely
that the projected total resident population of 2,713 is high, thereby allowing for a conservative analysis
of potential environmental impacts. Under the proposed project approximately 800 temporary
construction‐related jobs and 25 permanent jobs are anticipated by the 2020 buildout year.
As stated above, no new residential projects have been developed or approved for development since the
adoption of the General Plan. Accordingly, an increase of 2,713 residents and 800 temporary
construction‐related jobs and 25 permanent jobs in combination with other future projects would not
increase the overall city buildout to the year 2020 projections. Therefore, the proposed project is well
within the population projections considered in the General Plan EIR and projected by ABAG. The growth
occurring as a result of the project would be limited to the project site, and the project does not include
infrastructure to allow indirect off‐site development.
As discussed in Section IX, Land Use and Planning, the project is consistent with the General Plan Land Use
and Zoning designations, and would not require any amendments to the General Plan or Zoning Code.
Accordingly, there would be no impacts related to substantial unexpected population growth or growth
for which inadequate planning has occurred.
64 This analysis is based on the Association of Bay Area Governments (ABAG) 2013 projections of the average household size
of 2.88 persons for Cupertino in 2020. This is the standard approach for population and housing analysis in Cupertino.
65 600 new units multiplied by 2.88 persons per unit equals 1,728 new residents.
66 342 existing units multiplied by 2.88 persons per unit equals 985 existing residents.
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b) Would the project displace substantial numbers of existing housing units, necessitating the
construction of replacement housing elsewhere?
The proposed project would involve the removal of all existing uses on the project site, including a total
temporary loss of 342 residential units consisting of 308 market‐rate units and 34 below market‐rate units
over a three‐year construction period. The proposed apartment units would replace the existing
residential development with 242 studios, 272 one‐bedroom, 141 one‐bedroom plus dens, and 287 two‐
bedroom units. Apartment units would range in size between 1,464 square feet (penthouse) and 575
square feet (studio). Of the proposed 942 units, 34 units would continue to be available to rent to very
low and low‐income residents (3.7 percent), which is consistent with the remainder of the original
Hamptons’ Residence Agreement.
As discussed in the Project Description, of this Initial Study, the project applicant, a diversified, privately
held real‐estate investment company and master‐planning firm since 1864,67 which maintains a portfolio
of over 6,000 apartments located in San Jose, Sunnyvale, and Santa Clara, has prepared a draft Tenant
Relocation Plan for the existing 308 market rate units, and 34 below market rate units (see Appendix F,
Draft Tenant Relocation Plan, of this Initial Study). The project applicant’s portfolio of 6,000 apartments in
the cities surrounding Cupertino would be available to temporarily displaced tenants throughout the
three‐year construction period. Under the draft Tenant Relocation Plan, a relocation agency would be
hired six months prior to the demolition and remain under contract until all of the existing tenants, both
renters of market rate units and below market rate units, have moved out of the project and found new
housing. Together the project applicant and the relocation agency would keep all tenants apprised of the
schedule, which is subject to change, and would be given updates regularly on the date demolition would
commence that would determine the date each household would need to vacate their unit. The precise
details of the Tenant Relocation Plan, which is required per Housing Element Strategy 18, Housing
Preservation Program, would be finalized during the project approval process.
Therefore, because the project would result in a net increase in housing units in Cupertino, which includes
34 units that would continue to be available to very low and low income residents, and because assistance
in finding temporary replacement housing would be provided, no housing would be permanently
displaced either directly or indirectly, and the construction of replacement housing elsewhere would not
be required that could result in a physical impact to the environment. This conclusion is consistent with
the findings in the General Plan EIR. Accordingly, project impacts on the both temporary and permanent
displacement of housing would be less than significant and no mitigation measures would be required.
67 Irvine Company website, https://www.irvinecompany.com/about‐us/, accessed March 1, 2016.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-75
c) Would the project displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere?
As discussed above, a total of 342 units with approximately 985 residents currently exist on the project
site. As discussed in the General Plan EIR, the development of the proposed project would necessitate
that all the units be vacated and demolished; therefore, the project would result in the temporary
displacement of approximately 985 people for a period of approximately three years.
The project would result in a net increase of 600 dwelling units on the project site, which could
accommodate up to 1,728 more residents than under existing conditions. Therefore, because the project
results in a net increase in housing units, and because assistance in finding temporary replacement
housing would be provided, no people would be permanently displaced either directly or indirectly that
would necessitate the construction of replacement housing elsewhere that could result in a physical
impact to the environment. This conclusion is consistent with the findings in the General Plan EIR. As
discussed above, the draft Tenant Relocation Plan includes over 6,000 apartment homes located in San
Jose, Sunnyvale, and Santa Clara that would be available for displaced residents and procedures for
relocating tenants. Therefore, project impacts on both temporary and permanent displacement of people
would be less than significant and no mitigation measures would be required.
XII. PUBLIC SERVICES
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities,
the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response
times or other performance objectives for any of the public
services:
Fire protection?
Police protection?
Schools?
Libraries?
GENERAL PLAN EIR
As discussed in Chapter 4.12, Public Services and Recreation, of the General Plan EIR, impacts were
determined to be less than significant as a result of intensified development of the project site. The
General Plan EIR evaluates a project that is greater than that of the proposed project (820 new units
compared to 600 new units).
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-76 APRIL 15, 2016
EXISTING CONDITIONS
The public service providers for the project site are as follows:
The City of Cupertino contracts with the Santa Clara County Fire District (SCCFD) for fire protection,
emergency, medical, and hazardous material services.
The City of Cupertino contracts with the Santa Clara County Sheriff’s Office (Sheriff’s Office) and West
Valley Patrol Division for police protection services.
The project site is within the boundaries of the Santa Clara Unified School District (SCUSD).
Specifically, the project site is in the Laurelwood Elementary School attendance area approximately
1.5 miles away. Middle school age students would attend Peterson Middle School and high school age
students would attend Wilcox High School.
The Santa Clara County Library District (SCCLD) governs and administers seven community libraries,
one branch library, two bookmobiles, the Home Service Library, and the 24‐7 online library for all
library users. The closest library to the project site is the Cupertino Library located at 10800 Torre
Avenue in Cupertino.
A recent discussion of the existing conditions for each of these service providers is provided in Chapter
4.12.
DISCUSSION
a) Would the project result in substantial adverse physical impacts associated with the provision of new
or physically altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for any of the public services: fire protection, police protection, schools, and
libraries?
The primary purpose of the public services impact analysis is to examine the impacts associated with
physical improvements to public service facilities required to maintain acceptable service ratios, response
times or other performance objectives. Public service facilities need improvements (i.e., construction,
renovation or expansion) as demand for services increase. Increased demand is typically driven by
increases in population. The proposed project would have a significant environmental impact if it would
exceed the ability of public service providers to adequately serve residents, thereby requiring construction
of new facilities or modification of existing facilities.
As discussed in Section XII, Population and Housing, above, the proposed project would result in a net
increase of 600 dwelling units and 1,728 new residents at the project site, which represents 27 percent
less new development (600 new units compared to 820 new units) than what was considered in the
General Plan EIR. As described in the General Plan EIR, the project applicant is required to pay developer
impact fees that provide support to public services to offset the project’s fair share of impacts to public
service providers. Because impacts to public service providers were determined to be less than significant
in the General Plan EIR and the proposed project represents less development than what was considered
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-77
in the General Plan EIR, impacts to public services providers as a result of the proposed project would also
be less than significant and no mitigation measures would be required.
XIII. PARKS AND RECREATION
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Increase the use of existing neighborhood and regional parks or
other recreational facilities, such that substantial physical
deterioration of the facility would occur or be accelerated?
b) Result in substantial adverse physical impacts associated with
the provision of new or physically altered park and recreational
facilities, or result in the need for new or physically altered park
and recreational facilities, the construction of which could cause
significant environmental impacts?
GENERAL PLAN EIR
As discussed in Chapter 4.12, Public Services and Recreation, of the General Plan EIR, impacts were
determined to be less than significant as a result of intensified development of the project site. The
General Plan EIR evaluates a project that is greater than that of the proposed project (820 new units
compared to 600 new units).
EXISTING CONDITIONS
The City of Cupertino Recreation and Community Services is responsible for the maintenance of the City’s
14 parks and seven community and recreational facilities. The City of Cupertino has an adopted parkland
dedication standard of three acres of parkland for every 1,000 residents. There is a total of approximately
156 acres of parkland in Cupertino, or approximately 2.7 acres per 1,000 residents, based on an existing
population of 58,302. The City parks nearest to the project site are Portal Park, located approximately one
mile to the southwest, Jenny Strand Park, located approximately three‐quarters of a mile to the southeast,
and Westwood Oaks Park, located approximately one‐half mile to the east of the site.
Regional park facilities operated by the Midpeninsula Regional Open Space District (MROSD) and the
Santa Clara County Parks could be used by residents of the project site. The closest MROSD parks to
Cupertino are the Fremont Older, Picchetti Ranch, and Rancho San Antonia, which are located just
southwest and west of the city boundaries, respectively. Santa Clara County Park facilities that serve
Cupertino include Rancho San Antonio County Park, south of I‐280 and west of Foothill Boulevard, and the
Stevens Creek County Park.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
5-78 APRIL 15, 2016
DISCUSSION
a) Would the project increase the use of existing neighborhood and regional parks or other recreational
facilities, such that substantial physical deterioration of the facility would occur or be accelerated?
As discussed in Chapter 3, Project Description, of this Initial Study, the project includes recreational
amenities available to residents and members of the general public. The proposed project’s open space
and balcony area totals 326,127 square feet (7.46 acres), of which approximately 32,000 square feet (0.43
acres) would be for recreational amenities. The proposed project includes an on‐grade public bike hub
and outdoor common‐use seating area on the northern section of the project site at the corner of Wolfe
Road and Pruneridge Avenue for use by residents, visitors and members of the public.
As discussed in Section XII, Population and Housing, above, the proposed project would result in a net
increase of 600 new units and 1,728 new residents at the project site, which represents 27 percent less
new development (600 new units compared to 820 new units) than what was considered in the General
Plan EIR. To meet the City’s parkland‐to‐resident ratio of three acres of parkland for every 1,000 residents,
the proposed project would be required to provide 5.2 acres of parkland.68 Although the proposed project
would not provide on‐site parkland, the proposed project’s payment of City‐required impact fees would
contribute to the City’s parks and recreation fund. As discussed in the General Plan EIR, the proposed
project would be required to comply with Cupertino Municipal Code Chapter 14.05, Park Maintenance
Fee, and Chapter 18.24, Dedications and Reservations, which require the payment of impact fees to
maintain existing parks and recreation facilities and offset their fair share of impacts to parklands.
Therefore, considering the proposed project’s provision of 7.46 acres of residential open space and
amenities, and public recreational amenities in conjunction with the collection of impact fees that support
the City’s parks and recreation fund, the project’s impacts on the City’s recreational facilities would be less
than significant and no mitigation measures would be required.
Additionally, new residents of the project site would also be expected to occasionally use the regional
park facilities operated by the Midpeninsula Regional Open Space District (MROSD) and the Santa Clara
County Parks from time to time; however, given the vast size of the regional park facilities and the
relatively infrequent usage that future residents would make of them, the proposed project would not
result in their substantial deterioration. The modest increase in usage that could potentially result from
the proposed project is not likely to trigger the construction of new built facilities over and above that
already foreseen in the long‐range planning completed for these regional park facilities in the vicinity of
the project site. Therefore, a less‐than‐significant impact to regional parks would occur and no mitigation
measures would be required.
68 1,728 residents x 0.003 (3 acres of parkland per 1,000 residents) = 5.184 acres
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-79
b) Would the project result in substantial adverse physical impacts associated with the provision of new
or physically altered park and recreational facilities, or result in the need for new or physically altered
park and recreational facilities, the construction of which could cause significant environmental
impacts?
As discussed in criterion (a) above, the proposed project’s recreational and open space features combined
with the impact fees that support the City’s parks and recreation fund would render the project’s impact
on the City’s recreational facilities less than significant. The project does not propose the construction of a
park or any physical alterations to an existing park or recreational facilities; however, the payment of
impact fees would go toward supporting the City’s park fund that could be applied to the construction or
expansion of recreational facilities that could have an adverse physical effect on the environment. It is not
known at what time or location such facilities would be required or what the exact nature of these
facilities would be, so it cannot be determined what specific environmental impacts would occur from
their construction and operation. Because the payment of impact fees is City‐requirement to offset the
project’s fair share of impacts to parklands, the City would be responsible for any review in accordance
with CEQA, as necessary, which would ensure that any environmental impacts are disclosed and mitigated
to the extent possible for any future City project related to the expansion of or improvement to a City
recreational facility. Accordingly, impacts to park and recreational facilities as a result of the proposed
project would be would be less than significant and no mitigation measures would be required.
XIV. TRANSPORTATION AND CIRCULATION
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Conflict with an applicable plan, ordinance or policy establishing
measures of effectiveness for the performance of the circulation
system, taking into account all modes of transportation including
mass transit and non‐motorized travel and relevant components
of the circulation system, including but not limited to
intersections, streets, highways and freeways, pedestrian and
bicycle paths, and mass transit?
b) Conflict with an applicable congestion management program,
including, but not limited to level of service standards and travel
demand measures, or other standards established by the county
congestion management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g.,
sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)?
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-80 APRIL 15, 2016
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such facilities?
GENERAL PLAN EIR
The General Plan EIR included an analysis of 820 additional units for the site; however, the proposed
project would have only 600 additional units on the project site. Traffic impacts are found to be significant
and unavoidable in the General Plan EIR. Implementation of General Plan EIR Mitigation Measure TRAF‐1
requires the City to commit to preparing and implementing a Transportation Mitigation Fee Program
(TMFP) to guarantee funding for roadway and infrastructure improvements that are necessary to mitigate
impacts from future projects based on the then current City standards. General Plan EIR Mitigation
Measure TRAF‐1, which was previously adopted by the City and incorporated into the General Plan, will
be implemented by the City.
EXISTING CONDITIONS
The following is based on the TIA prepared for the proposed project. The TIA is included in Appendix I,
Parking and Transportation Data, of this Initial Study. The cumulative impacts, in conjunction with overall
General Plan buildout were evaluated as part of the General Plan EIR; thus, the project’s TIA presents a
focused analysis to evaluate the near‐term impacts of the project under Existing and Background
Conditions.
Methodology
The TIA was prepared following the guidelines of the City of Cupertino and Santa Clara Valley
Transportation Authority (VTA), the congestion management agency for Santa Clara County. The VTA
Congestion Management Program (CMP) TIA Guidelines (last updated in October 2014) present guidelines
for assessing the transportation impacts of development projects and identifying whether improvements
are needed to adjacent roadways, bike facilities, sidewalks, and transit services affected by the proposed
project. The TIA guidelines have been adopted by local agencies within Santa Clara County, and are
applied to analyze the regional transportation system.
Intersections
The method described in Chapter 16 of the 2000 Highway Capacity Manual (2000 HCM) was used to
prepare the level of service calculations for the study intersections. This method is approved by the City of
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-81
Cupertino, City of Sunnyvale, and VTA. The average control delay for signalized intersections is calculated
using TRAFFIX analysis software and is correlated to a level of service designation as shown in Table 5‐13.
TABLE 5‐13 SIGNALIZED INTERSECTION LOS DEFINITIONS
Level of Service Description
Average Control Delay
(seconds per vehicle)
A Operations with very low delay occurring with favorable traffic signal
progression and/or short cycle lengths. < 10.0
B Operations with low delay occurring with good progression and/or short cycle
lengths. > 10.0 to 20.0
C Operations with average delays resulting from fair progression and/or longer
cycle lengths. Individual cycle failures begin to appear. > 20.0 to 35.0
D
Operations with longer delays due to a combination of unfavorable progression,
long cycle lengths, or high V/C ratios. Many vehicles stop and individual cycle
failures are noticeable.
> 35.0 to 55.0
E
Operations with high delay values indicating poor progression, long cycle
lengths, and high V/C ratios. Individual cycle failures are frequent occurrences.
This is considered to be the limit of acceptable delay.
> 55.0 to 80.0
F Operations with delays unacceptable to most drivers occurring due to over‐
saturation, poor progression, or very long cycle lengths. > 80.0
Source: Fehr & Peers, December 2015.
Freeways
Freeway segments were evaluated using VTA’s analysis procedure, which is based on the density of the
traffic flow using methods described in the 2000 HCM. Density is expressed in passenger cars per mile per
lane. The CMP ranges of densities for each freeway segment level of service designation are shown in
Table 5‐14.
TABLE 5‐14 FREEWAY SEGMENT LEVEL OF SERVICE DEFINITIONS
Level of Service
Density
(passenger cars
per mile per lane)
A < 11
B > 11.1 to 18.0
C > 18.1 to 26.0
D > 26.1 to 46.0
E > 46.1 to 58.0
F > 58.0
Source: Fehr & Peers, December 2015.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-82 APRIL 15, 2016
Existing Conditions Scenario
The study area generally extends along Wolfe Road between El Camino Real (State Route (SR) 82) and
Stevens Creek Boulevard and along Tantau Avenue between Homestead Road and Stevens Creek
Boulevard. The roadway impacts of the proposed project were evaluated for the intersections and
freeway segments discussed below.
Existing Intersection Operations
Study intersections shown on Figure 5‐2 were selected in consultation with the City of Cupertino and
generally determined based on VTA’s 10 trips per lane guideline, which indicates that intersections should
be included if the proposed project adds 10 or more peak hour vehicles per lane to any intersection
movement. The Existing Conditions of the study intersections were evaluated during weekday AM and PM
peak periods. The results of the level of service analysis for Existing Conditions are presented in Table 5‐
15, that all study intersections operate at acceptable service levels (LOS D or better for City intersections
and LOS E or better for regionally significant and CMP intersections).
Existing Freeway Operations
Freeway segments were selected in consultation with the City following VTA guidelines. The following
segments on I‐280 were selected for analysis because: a) the project site is adjacent to I‐280, b) project
access is provided with the Wolfe Road interchange at I‐280, and c) the project is anticipated to add peak‐
hour traffic volumes in amounts greater than one percent of the segment’s capacity.
I-280 (Northbound and Southbound)
Saratoga Avenue to Lawrence Expressway
Lawrence Expressway to Wolfe Road
Wolfe Road to De Anza Boulevard
De Anza Boulevard to SR 85
Table 5‐16 shows the existing freeway segment levels of service for the mixed‐flow and HOV lanes based
on the segment densities. During the AM peak hour, all of the mixed‐flow freeway segments exceed LOS E
in the northbound direction. During the PM peak hour, all of the mixed‐flow freeway segments exceed the
VTA’s LOS E standard in the southbound direction. Additionally, only the northbound direction of Saratoga
Avenue to Lawrence Expressway exceeds the VTA’s LOS E standard in during the AM peak hour.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-83
TABLE 5‐15 EXISTING INTERSECTION LEVEL OF SERVICE RESULTS
ID # Intersection
Jurisdiction/
CMPa
LOS
Threshold
Peak
Hourb Delayc LOSd
1 Wolfe Road / El Camino Real Sunnyvale (CMP) E AM
PM
35.4
38.4
D
D
2 Wolfe Road / Fremont Avenue Sunnyvale D AM
PM
34.0
36.4
C
D
3 Wolfe Road / Marion Way Sunnyvale D AM
PM
15.0
21.5
B
C
4 Wolfe Road / Inverness Avenue Sunnyvale D AM
PM
17.9
17.8
B
B
5 Wolfe Road / Homestead Road Cupertino D AM
PM
34.0
36.4
C
D
6 Wolfe Road / Apple Campus 2 Cupertino D AM
PM Future Intersection
7 Wolfe Road / Pruneridge Avenue Cupertino D AM
PM
19.7
19.6
B
B
8 Wolfe Road / I‐280 NB Ramps Cupertino (CMP) D AM
PM
20.8
22.7
C
C
9 Wolfe Road / I‐280 SB Ramps Cupertino (CMP) D AM
PM
17.9
12.0
B
B
10 Wolfe Road / Vallco Parkway Cupertino D AM
PM
21.7
28.5
C
C
11 Wolfe Road / Stevens Creek Boulevard Cupertino (CMP) D AM
PM
42.0
42.8
D
D
12 De Anza Boulevard / Stevens Creek
Boulevard Cupertino (CMP) E+ AM
PM
33.2
44.6
C
D
13 Tantau Avenue / Homestead Road Cupertino D AM
PM
28.5
36.8
C
D
14 Tantau Avenue / Vallco Parkway Cupertino D AM
PM
18.6
24.0
B
C
15 Tantau Avenue / Stevens Creek
Boulevard Cupertino D AM
PM
39.7
38.2
D
D
16 Lawrence Expressway / Homestead Road Santa Clara County
(CMP) E AM
PM
43.3
48.3
D
D
Notes: All of the study intersections are signalized.
a. Intersection jurisdiction and identification of CMP (Congestion Management Program) intersections.
b. AM = morning peak hour, PM = evening peak hour.
c. Whole intersection weighted average control delay expressed in seconds per vehicle calculated using methods described in the 2000 Highway
Capacity Manual, with adjusted saturation flow rates to reflect Santa Clara County Conditions for signalized intersections.
d. LOS = Level of Service. LOS calculations conducted using the TRAFFIX analysis software packages, which apply the methods described in the 2000
Highway Capacity Manual.
Source: Fehr & Peers, December 2015, Table 2‐2 of TIA.
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Source: Fehr & Peers Transportation Consultants, 2015.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-85
TABLE 5‐16 EXISTING FREEWAY (I‐280) LEVEL OF SERVICE RESULTS
Freeway Segment
Peak
Hour
Number of Lanes Density LOS
Mixed HOV Mixed HOV Mixed HOV
Southbound
SR 85 to De Anza Boulevard AM
PM 3 1 24
103
9
19
C
F
A
E
De Anza Boulevard to Wolfe Road AM
PM 3 1 36
77
10
30
D
F
A
E
Wolfe Road to Lawrence Expressway AM
PM 3 1 35
81
16
19
D
F
B
E
Lawrence Expressway to Saratoga
Avenue
AM
PM 3 1 37
85
10
37
D
F
A
D
Northbound
Saratoga Avenue to Lawrence
Expressway
AM
PM 3 1 89
37
78
15
F
D
F
B
Lawrence Expressway to Wolfe Road AM
PM 3 1 81
23
46
10
F
C
D
A
Wolfe Road to De Anza Boulevard AM
PM 3 1 62
25
57
7
F
C
E
A
De Anza Boulevard to SR 85 AM
PM 3 1 73
23
45
7
F
C
D
A
Notes: Bold font indicates unacceptable operations based on VTA’s LOS E Standard.
Source: Fehr & Peers, December 2015, Table 2‐3 of TIA.
Existing Pedestrian, Bicycle, and Transit Facilities
Pedestrian Facilities
Pedestrian facilities consist of sidewalks, crosswalks, and pedestrian signals. Pedestrian connectivity
immediately surrounding the project site is provided by a mostly complete network of sidewalks and
crosswalks. Sidewalks are provided along the frontage of the project site along Wolfe Road and north of
the project site. The sidewalks along Wolfe Road have park strips, which act as an additional buffer
between vehicles and pedestrians. Pedestrian signals and high visibility crosswalks are provided at the
adjacent intersection on Wolfe Road and Pruneridge Avenue. Pedestrians are able to cross the street in
both the north‐south and east‐west directions at this location.
Within approximately 1,000 feet of the project site, crosswalks and pedestrian signals are provided at the
Wolfe Road intersections at Homestead Road, AC2, Vallco Parkway, and Stevens Creek Boulevard. These
intersections have pedestrian crosswalks for all four approaches. Pedestrian crosswalks and pedestrian
signals are also present at the Wolfe Road and I‐280 NB off‐ramp and Wolfe Road and I‐280 SB off‐ramp.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-86 APRIL 15, 2016
Pedestrian crosswalks at the ramp locations only provide access in north‐south direction. Crosswalks are
not provided to cross Wolfe Road at these locations.
Bicycle Facilities
Bicycle facilities in the study area are comprised of Class II bicycle lanes, and Class III bicycle routes, as
described below:
Class II Bikeways (Bike Lanes) are lanes for bicyclists generally adjacent to the outer vehicle travel lanes.
These lanes have special lane markings, pavement legends, and signage. Bicycle lanes are generally five
(5) feet wide. Adjacent vehicle parking and vehicle/pedestrian cross‐flow are permitted. Near the project
site, bicycle lanes (Class II) are provided on Wolfe Road, Homestead Road, Tantau Avenue, Vallco Parkway,
and Stevens Creek Boulevard. There is a discontinuity in the Class II facility along Wolfe Road at the I‐280
overcrossing. South of Stevens Creek Boulevard, Tantau Avenue transitions from a Class II to a Class III
bicycle facility.
Class III Bikeway (Bike Route) are designated by signs or pavement markings for shared use with
pedestrians or motor vehicles, but have no separated bike right‐of‐way or lane striping. Bike routes serve
either to: a) provide continuity to other bicycle facilities, or b) designate preferred routes through high
demand corridors. Class III bike route exists Tantau Avenue south of Stevens Creek Boulevard to Barnhart
Avenue. Miller Avenue is also a Class III facility that transitions to a Class II facility with bike lanes south of
Calle De Barcelona. Bicycle facilities comprising bicycle lanes (Class II) and bicycle routes (Class III) connect
the project site to the Lawrence Caltrain station.
In 2011, the City of Cupertino adopted its Bicycle Transportation Plan, which illustrates Cupertino’s
current bicycle network, identifies gaps in the network, and proposes improvement projects to address
the identified gaps. In addition, the City has prepared a Draft 2016 Bicycle Transportation Master Plan
(Draft Bike Plan).69 This Draft Bike Plan includes a feasibility study of buffered bike lanes of Wolfe Road in
the vicinity of the project site. Based on the outcome of the 2016 bike plan and any other applicable
recommendations the project applicant would be required to contribute to implementing the
recommended pedestrian and bike striping improvements in the project area.
The VTA adopted the Santa Clara Countywide Bicycle Plan (CBP). The CBP guides the development of
major bicycle facilities in the County by identifying Cross County Bicycle Corridors and other bicycle
projects of countywide or intercity significance. Several of the Cross County Bicycle Corridors travel
through the study area, including routes along Vallco Parkway, Stevens Creek Boulevard, Wolfe
Road/Miller Avenue, and Tantau Avenue.
69 The Draft 2016 Cupertino Bicycle Transportation Plan is now available for public review on the City’s website at
http://www.cupertino.org/index.aspx?page=26&recordid=1498&returnURL=%2Findex.aspx
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-87
Transit Facilities
Nearby transit services are described below and Table 5‐17 summarizes the destinations, closest stop to
the project site, hours/days of operation, and service frequencies for transit services within a 2,000‐foot
walking distance.
TABLE 5‐17 EXISTING TRANSIT SERVICE
Route From To
Distance
to
Nearest
Stopa
Weekdays Saturdays
Average
Peak
Load
Factorb
Operating
Hoursd
Peak
Headwayc
Operating
Hoursd
Peak
Headwayc
VTA Bus Service
26
Sunnyvale /
Lockheed Martin
Transit Center
Eastridge
Transit
Center
0.15 0.27 5:52 am –
11:31 pm 30 6:46 am –
10:40 pm 30
81 San Jose State
University Vallco 0.10 0.07 6:17 am –
8:19 pm 30 9:30 am –
4:30 pm 60
101 Camden &
Highway 85 Palo Alto 0.55 0.23
6:51 am –
7:48 am
4:52 pm –
5:55 pm
2 NB Runs – AM
2 SB Runs – PM No Service
182 Palo Alto IBM/Bailey
Avenue 0.60 0.07
7:27 am –
8:34 am
5:05 pm –
6:14 pm
1 SB Run – AM
1 NB Run – PM No Service
Commuter Rail Service
Caltrain San Francisco San Jose
Diridon 3.00 N/A 4:40 am –
1:20 pm
30 (local) /
15 (express)
7:10 am –
1:26 pm 60
Notes: AM = morning commuter period; PM = evening commute period.
a. Approximate distance in miles from nearest stop to Hamptons Apartment Complex driveway.
b. Average peak load factor is the ratio of the average peak number of on‐board passengers aboard during the peak period to supply of seats.
c. Headways are defined as the time interval between two transit vehicles traveling in the same direction over the same route.
d. Operating hours consider earliest and latest stop at each bus lines closest stop to the Hamptons Apartment Complex.
Source: Fehr & Peers, December 2015, Table 7‐1 of TIA.
VTA Bus Service
Bus Route 26 provides service between Sunnyvale/Lockheed Martin Transit Center and the Eastridge
Transit Center. Route 26 follows major arterials and travels through Sunnyvale, Cupertino, San Jose,
and Campbell on Fair Oaks Avenue, Wolfe Road, Campbell Avenue, and Tully Road. Bus stops for Route
26 are provided immediately north of the project site along Wolfe Road.
Bus Route 81 provides service between San Jose State University and Vallco via the Santa Clara Transit
Center and Downtown San Jose. This route operates on Stevens Creek Boulevard, Benton Street, West
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-88 APRIL 15, 2016
San Carlos Street, and San Fernando Street with nearby stops at Tantau Avenue and Pruneridge
Avenue.
Bus Route 101 is an express bus route that operates on I‐280, Stevens Creek Boulevard, and Lawrence
Expressway; it connects a Park & Ride lot at the Camden Avenue interchange along SR 85 to Palo Alto.
This route passes through the Winchester Transit Center and has a bus stop south of the project site
at Wolfe Road/Vallco Mall which provides connections to Routes 26, 23, and 323.
Bus Route 182 is an express bus route that operates on I‐280, Wolfe Road, Vallco Parkway, and
Stevens Creek Boulevard; it connects the Park & Ride lot at El Camino Real and Page Mill Road in Palo
Alto with the IBM Santa Teresa Facility at Bailey Avenue. One Route 182 run departs Palo Alto in the
morning. In the evening, one Route 182 run travels northbound. Route 182 has stops at the Vallco
shopping plaza.
Commuter Rail Service
Caltrain is a commuter heavy rail service that runs from downtown San Francisco (4th and King Streets) to
downtown San Jose (Diridon Station), with a limited number of commute period trains running farther
south to Gilroy. During commute periods, Caltrain offers express service (“Baby Bullet”) between
downtown San Jose and San Francisco. Currently, Baby Bullet service is provided both in the northbound
and southbound direction during the morning and evening commute periods at the Mountain View
Caltrain station. Baby Bullet trains serve the Sunnyvale Caltrain station in the northbound direction during
the morning peak and in the southbound direction during the evening peak.
The nearest station to the project site is the Lawrence Station, which is located on Lawrence Expressway
approximately three miles northwest of the project site. During the weekdays, service in the northbound
direction begins at 4:40 a.m. and ends at 10:40 p.m. In the southbound direction, service at this station
begins at 6:14 a.m. and ends at 1:20 a.m. During the weekends, northbound service begins at 7:10 a.m.
and ends at 10:40 p.m. Southbound service begins at 9:40 a.m. and ends at 1:26 a.m. For passengers
arriving by bicycle, there are 18 bike racks and 24 bicycle lockers. Vehicle parking at this location includes
122 parking spaces.
Vehicles Miles Traveled
As discussed in the Chapter 4.13, Transportation and Traffic, of the General Plan EIR, Senate Bill (SB) 743
will eventually alter how transportation and traffic impacts are analyzed under State CEQA Guidelines. SB
743 requires the California Governor’s Office of Planning and Research (OPR) to amend the CEQA
Guidelines to provide an alternative to level of service (LOS) as the metric for evaluating transportation
impacts under CEQA. Particularly within areas served by transit, the alternative criteria must promote the
reduction of GHG emissions, development of multimodal transportation networks, and diversity of land
uses. Measurements of transportation impacts may include vehicle miles travelled (VMT), VMT per capita,
automobile trip generation rates, or automobile trips generated. Once alternative criteria are
incorporated into the CEQA Guidelines, auto delay will no longer be considered a significant impact under
CEQA. SB 743 also amended State congestion management law to allow cities and counties to opt out of
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-89
level of service standards in certain infill areas. As discussed in the General Plan EIR, under the General
Plan as amended in 2014, the VMT per capita is projected to increase from 10.5 to 10.9. However,
because the CEQA Guidelines amendments required by AB 743 have not yet been adopted, this Initial
Study was prepared based on the current existing State CEQA Guidelines, and therefore, relies on the
existing level of service criteria to evaluate potential transportation impacts.
DISCUSSION
a) Would the project conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system, taking into account all modes of
transportation including mass transit and non‐motorized travel and relevant components of the
circulation system, including but not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
The project would increase the number of residential apartment units on the project site from 342 to 942.
Trip generation estimates were determined using ITE’s rates for apartments. A detailed discussion of the
methodology to calculate the project’s trip generation is included in Chapter 3.1 of the TIA. The project is
estimated to generate 272 net new AM peak hour vehicle trips (48 inbound and 224 outbound) and 421
net new PM peak hour vehicle trips (268 inbound and 153 outbound).
Project trips were assigned to the roadway network based on the estimated trip distribution patterns
presented in Figure 3‐1 of the TIA. The distribution of the traffic generated by the project onto the
roadway system was based on the locations of complementary land uses, prevailing travel patterns,
surrounding population densities, and recent TIAs completed in the area. Input from the City of Cupertino
staff was used to refine the trip distribution patterns.
The following analysis was performed to evaluate traffic conditions during the weekday morning (AM) and
weekday evening (PM) peak hours for the following scenarios:
Existing Conditions – In addition to the Existing Conditions without the project discussed previously,
the Existing Plus Project Conditions were evaluated by adding traffic from the proposed project.
Background Conditions – Existing volumes plus traffic from “approved but not yet built” and “not
occupied” developments in the area. Background conditions were evaluated without the project, and
with the project.
Existing Plus Project Conditions Scenario
Intersection levels of service were calculated with the new traffic added by the project to evaluate the
operating conditions of the intersections and identify potential impacts to the roadway system. The
results of the intersection level of service calculations for Existing Plus Project Conditions are presented in
Table 5‐18.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-90 APRIL 15, 2016
TABLE 5‐18 EXISTING PLUS PROJECT INTERSECTION LEVEL OF SERVICE RESULTS
ID Intersection
Jurisdiction/
CMP
LOS
Thresholda
Peak
Hourb
Existing Existing Plus Project
Delayc LOSd Delayc LOSd
Δ in Crit.
V/Ce
Δ in Crit.
Delayf
1 Wolfe Road /
El Camino Real
Sunnyvale
(CMP) E AM
PM
35.4
38.4
D
D
35.4
38.6
D
D
0.002
0.006
0.0
0.3
2 Wolfe Road /
Fremont Avenue Sunnyvale D AM
PM
34.0
36.4
C
D
34.2
36.7
C
D
0.006
0.008
0.0
0.2
3 Wolfe Road /
Marion Way Sunnyvale D AM
PM
15.0
21.5
B
C
14.9
21.4
B
C
0.010
0.007
‐0.2
‐0.1
4 Wolfe Road /
Inverness Avenue Sunnyvale D AM
PM
17.9
17.8
B
B
17.7
17.6
B
B
0.010
0.012
‐0.2
‐0.1
5 Wolfe Road /
Homestead Road Cupertino D AM
PM
34.0
36.4
C
D
34.2
37.4
C
D
0.010
0.033
0.0
1.3
6 Wolfe Road /
Apple Campus 2 Cupertino D Future Intersection
7 Wolfe Road /
Pruneridge Avenue Cupertino D AM
PM
19.7
19.6
B
B
27.8
24.5
C
C
0.093
0.075
8.1
4.1
8 Wolfe Road / I‐280 NB
Ramps
Cupertino
(CMP) D AM
PM
20.8
22.7
C
C
20.9
23.3
C
C
0.007
0.036
0.1
0.8
9 Wolfe Road / I‐280 SB
Ramps
Cupertino
(CMP) D AM
PM
17.9
12
B
B
17.8
12.4
B
B
0.007
0.015
0.2
‐0.3
10 Wolfe Road /
Vallco Parkway Cupertino D AM
PM
21.7
28.5
C
C
21.6
28.5
C
C
0.004
0.008
0.2
0.0
11 Wolfe Road /
Stevens Creek Boulevard
Cupertino
(CMP) D AM
PM
42.0
42.8
D
D
42.2
43.1
D
D
0.006
0.013
0.3
0.6
12 De Anza Boulevard /
Stevens Creek Boulevard
Cupertino
(CMP) E+ AM
PM
33.2
44.6
C
D
33.4
44.7
C
D
0.004
0.000
0.3
0.0
13 Tantau Avenue /
Homestead Road Cupertino D AM
PM
28.5
36.8
C
D
28.5
37
C
D
0.007
0.005
0.1
0.4
14 Tantau Avenue /
Vallco Parkway Cupertino D AM
PM
18.6
24.0
B
C
18.7
24.4
B
C
0.000
0.007
0.0
0.6
15 Tantau Avenue /
Stevens Creek Boulevard Cupertino D AM
PM
39.7
38.2
D
D
39.7
38.1
D
D
0.000
0.002
0.0
0.1
16 Lawrence Expressway /
Homestead Road
Santa Clara
County (CMP) E AM
PM
43.3
48.3
D
D
43.9
48.9
D
D
0.004
0.004
1.5
0.5
Notes: All of the study intersections are signalized.
a. LOS Threshold is the lowest acceptable LOS (the threshold between acceptable and unacceptable level of service).
b. AM = morning peak hour, PM = evening peak hour.
c. Whole intersection weighted average control delay expressed in seconds per vehicle calculated using methods described in the 2000 Highway
Capacity Manual, with adjusted saturation flow rates to reflect Santa Clara County Conditions for signalized intersections.
d. LOS = Level of Service. LOS calculations conducted using the TRAFFIX analysis software packages, which apply the methods described in the 2000
Highway Capacity Manual.
e. Change in critical volume to capacity ratio between Existing and Existing Plus Project Conditions
f. Change in average critical movement delay between Existing and Existing Plus Project Conditions.
Source: Fehr & Peers, December 2015, Table 4‐1 of the TIA.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-91
The determination of significance for project impacts is based on applicable policies, regulations, goals,
and guidelines defined by the City of Cupertino, City of Sunnyvale, Santa Clara County, and the VTA. The
impact criteria presented below focuses on elements of the CEQA checklist pertaining to roadway system
operations and its effects on users, including drivers, pedestrians, bicyclists, transit passengers, and first
responders in emergency access vehicles.
As shown on Table 5‐18, the study area intersections are under the jurisdiction of the Cities of Cupertino
and Sunnyvale, and a few are part of the CMP network. Signalized intersection operations and impacts are
evaluated based on the appropriate jurisdiction’s LOS standards (i.e., minimum threshold for acceptable
operations) as discussed below for the Cities of Cupertino, Sunnyvale, and per CMP requirements.
City of Cupertino: Significant impacts at signalized City of Cupertino intersections would occur when
the addition of project traffic causes one of the following:
Intersection operations to degrade from an acceptable level (LOS D or better) to an unacceptable
level (LOS E or F); or
Exacerbates unacceptable operations (LOS E or F) by increasing the critical delay by more than
four seconds and increasing the volume‐to‐capacity (V/C) ratio by 0.01 or more; or
An increase in the V/C ratio of 0.01 or more at an intersection with unacceptable operations (LOS
E or F) when the change in critical delay is negative (i.e., decreases). This can occur if the critical
movements change.
City of Sunnyvale: Significant impacts at signalized City of Sunnyvale intersections would occur when
the addition of project traffic causes one of the following:
Intersection (except those on designated regionally significant roads) operations degrade from an
acceptable level (LOS D or better) to an unacceptable level (LOS E or LOS F); or
Operations for regionally significant designated intersections deteriorate from an acceptable level
(LOS E or better) to an unacceptable level (LOS F);
Exacerbates unacceptable operations by increasing the critical delay more than four seconds and
increasing the volume‐to‐capacity (V/C) ratio by 0.01 or more; or
An increase in the V/C ratio of 0.01 or more at an intersection with unacceptable operations when
the change in critical delay is negative (i.e., decreases). This can occur if the critical movements
change.
Santa Clara County and Congestion Management Program (CMP): The LOS standard for Santa Clara
County expressway and CMP intersections is LOS E. Traffic impacts at these intersections would occur
when the addition of traffic associated with a project causes:
Intersection operations to deteriorate from an acceptable level (LOS E or better) to an
unacceptable level (LOS F); or
Exacerbates unacceptable operations by increasing the average critical delay more than four
seconds and increasing the critical volume‐to‐capacity (V/C) ratio by 0.01 or more at an
intersection operating at LOS F; or
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-92 APRIL 15, 2016
The V/C ratio increases by 0.01 or more at an intersection with unacceptable operations (LOS F)
when the change in critical delay is negative (i.e., decreases). This can occur if the critical
movements change.
The results of the LOS calculations shown in Table 5‐18 indicate that all study intersection operate at
acceptable service levels (LOS D or better for signalized City intersection and LOS E or better for regionally
significant and unsignalized intersections) during the AM and PM peak hours under Existing Plus Project
Conditions. Based on the identified appropriate impact criteria, the project has less‐than‐significant
impacts at all study intersections under the Existing Plus Project Conditions and no mitigation measures
would be required.
Background Conditions Scenario
Level of service calculations were conducted to evaluate signalized intersection operations under
Background Conditions and Background Plus Project Conditions. The level of service analysis results are
summarized in Table 5‐19. The results presented in Table 5‐19 show that three study intersections would
operate unacceptably during the AM peak hour or both peak hours under Background Conditions and
Background Plus Project Conditions. However, based on the impact criteria previously identified, the
proposed project would not exacerbate unacceptable operations; thus, impacts would be less than
significant and no mitigation measures would be required.
TABLE 5‐19 BACKGROUND PLUS PROJECT INTERSECTION LEVEL OF SERVICE RESULTS
ID Intersection
Jurisdiction /
CMP
LOS
Thresholda
Peak
Hourb
Background Background Plus Project
Delayc LOSd Delayc LOSd
Δ in Crit.
V/Ce
Δ in Crit.
Delayf
1 Wolfe Road /
El Camino Real
Sunnyvale
(CMP) E AM
PM
35.7
40.0
D
D
35.7
40.1
D
D
0.002
0.006
0.0
0.3
2 Wolfe Road /
Fremont Avenue Sunnyvale D AM
PM
35.0
38.5
C
D
35.2
38.9
D
D
0.006
0.008
0.1
0.3
3 Wolfe Road /
Marion Way Sunnyvale D AM
PM
14.3
20.7
B
C
14.2
20.7
B
C
0.010
0.007
‐0.2
‐0.1
4 Wolfe Road /
Inverness Avenue Sunnyvale D AM
PM
24.5
24.5
C
C
24.2
24.3
C
C
0.010
0.012
‐0.2
‐0.1
5 Wolfe Road /
Homestead Road Cupertino D AM
PM
31.5
31.3
C
C
31.5
31.6
C
C
0.007
0.013
‐0.3
0.2
6 Wolfe Road /
Apple Campus 2 Cupertino D AM
PM
15.6
28.2
B
C
15.6
28.5
B
C
0.000
0.018
0.0
0.5
7 Wolfe Road / Pruneridge
Avenue Cupertino D AM
PM
14.3
25.3
B
C
22.4
29.9
C
C
0.107
0.063
8.7
5.9
8 Wolfe Road /
I‐280 NB Ramps
Cupertino
(CMP) D AM
PM
26.0
29.7
C
C
26.3
33.7
C
C
0.008
0.036
0.3
7.1
9 Wolfe Road /
I‐280 SB Ramps
Cupertino
(CMP) D AM
PM
29.6
17.0
C
B
29.8
17.5
C
B
0.007
0.015
0.6
0.1
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-93
TABLE 5‐19 BACKGROUND PLUS PROJECT INTERSECTION LEVEL OF SERVICE RESULTS
ID Intersection
Jurisdiction /
CMP
LOS
Thresholda
Peak
Hourb
Background Background Plus Project
Delayc LOSd Delayc LOSd
Δ in Crit.
V/Ce
Δ in Crit.
Delayf
10 Wolfe Road /
Vallco Parkway Cupertino D AM
PM
28.5
29.2
C
C
28.5
29.3
C
C
0.004
0.012
0.2
0.3
11 Wolfe Road /
Stevens Creek Boulevard
Cupertino
(CMP) D AM
PM
48.3
51.4
D
D
48.9
52.8
D
D
0.006
0.016
0.8
2.6
12 De Anza Boulevard /
Stevens Creek Boulevard
Cupertino
(CMP) E+ AM
PM
37.7
54.1
D
D
37.8
54.2
D
D
0.000
0.000
0.0
0.0
13 Tantau Avenue /
Homestead Road Cupertino D AM
PM
39.4
75.6
D
E
40.2
76.4
D
E
0.007
0.005
1.5
1.7
14 Tantau Avenue /
Vallco Parkway Cupertino D AM
PM
27.5
29.7
C
C
27.5
30.1
C
C
0.000
0.007
0.0
0.8
15 Tantau Avenue /
Stevens Creek Boulevard Cupertino D AM
PM
82.8
58.3
F
E
83.0
58.7
F
E
0.001
0.002
0.3
0.6
16 Lawrence Expressway /
Homestead Road
Santa Clara
County (CMP) E AM
PM
110.7
83.4
F
F
110.7
86.1
F
F
0.002
‐0.033
‐0.1
1.6
Notes: Bold text indicates intersection operates at unacceptable level of service. All of the intersections are signalized.
a. Level of service threshold is the lowest acceptable level of service (the threshold between acceptable and unacceptable level of service).
b. AM = morning peak hour, PM = evening peak hour.
c. Whole intersection weighted average control delay expressed in seconds per vehicle calculated using methods described in the 2000 Highway
Capacity Manual, with adjusted saturation flow rates to reflect Santa Clara County Conditions for signalized intersections.
d. LOS = Level of Service. LOS calculations conducted using the TRAFFIX analysis software packages, which apply the methods described in the 2000
Highway Capacity Manual.
e. Change in critical volume to capacity ratio between Background and Background Plus Project Conditions
f. Change in average critical movement delay between Background and Background Plus Project Conditions.
Source: Fehr & Peers, December 2015, Table 5‐1 of the TIA.
Construction Traffic
During construction, the project would generate changes to the existing transportation conditions. New
traffic would be generated by construction employees and construction activities. Based on the
construction schedule provided by the applicant, the busiest construction period is expected to be from
December 2017 to July 2018. The construction activities occurring this period include dry wall and
framing. Table 5‐20 presents the construction traffic trip generation which includes trips generated by
general activity, construction employees and haul trucks.
Trip generation assumes an average of 4 daily trips per employee (1 trip to work, 1 trip to lunch or a
meeting, 1 trip from lunch or a meeting, and 1 trip home). General activity employees include the project
manager, superintendent, field engineer, and project secretary. Trip generation for construction workers
are presented for the busiest construction period, which is during the dry wall and framing portion. It is
estimated that a maximum of 600 employees would be on site during this activity. These construction
workers however would be shuttled from an off‐site location. The analysis below assumes that each of the
shuttles to the project site would have at least six construction workers which equates to 100 daily trips.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
5-94 APRIL 15, 2016
Ten haul trucks were also estimated during the AM and PM peak hour (5 trucks in and 5 trucks out). Total
construction trip generation estimates include 64 trips during the AM peak hour and 64 trips during the
PM peak hour. As discussed above, the project is estimated to generate 272 net new AM peak hour
vehicle trips and 421 net new PM peak hour vehicle trips, which is more than the number of trips that the
project would generate during construction. As discussed above, the project would not result in a
significant impact at any study intersection. The number of construction trips would be substantially less
than the projected trips during project operation, which would be less than significant; therefore, traffic
impacts during project construction would be less than significant and no mitigation would be required.
TABLE 5‐20 CONSTRUCTION TRAFFIC TRIP GENERATION ESTIMATES
Activity Daily
AM PM
Total In Out Total In Out
General Activity 16 4 4 0 4 0 4
Construction Worker 100 50 50 0 50 0 50
Haul Trucks 120 10 5 5 10 5 5
Total 236 64 59 5 64 5 59
Source: Fehr & Peers, December 2015, Table 6‐1 of the TIA.
b) Would the project conflict with an applicable congestion management program, including, but not
limited to level of service standards and travel demand measures, or other standards established by
the county congestion management agency for designated roads or highways?
The VTA Congestion Management Program TIA Guidelines (last updated in October 2014) present
guidelines for assessing the transportation impacts of development projects and identifying whether
improvements are needed to adjacent roadways, bike facilities, sidewalks, and transit services affected by
the project. The TIA guidelines have been adopted by local agencies within Santa Clara County, and are
applied to analyze the regional transportation system. The CMP requires that its facilities operate at LOS E
or better. The following evaluates intersections and freeway segments per CMP criteria.
CMP Intersection Analysis
The level of service standard for Santa Clara County expressway and CMP intersections is LOS E. Traffic
impacts at these intersections would occur when the addition of traffic associated with a project causes:
Intersection operations to deteriorate from an acceptable level (LOS E or better) to an unacceptable
level (LOS F); or
Exacerbates unacceptable operations by increasing the average critical delay more than four seconds
and increasing the critical volume‐to‐capacity (V/C) ratio by 0.01 or more at an intersection operating
at LOS F; or
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-95
The V/C ratio increases by 0.01 or more at an intersection with unacceptable operations (LOS F) when
the change in critical delay is negative (i.e., decreases). This can occur if the critical movements
change.
Criterion (a) above includes an evaluation of study intersections including intersections in the CMP
network (intersections 1, 8, 9, 11, 12, and 16). Tables 5‐18 and 5‐19 present the results of the intersection
level of service under Existing and Background Conditions without and with the project. The analysis in
criterion (a) concluded that the proposed project would result in less‐than‐significant impacts per CMP
criteria.
CMP Freeway Segments Analysis
Traffic impacts on CMP freeway segments would occur when the addition of project traffic causes the
freeway segment operations to deteriorate from an acceptable level (LOS E or better) under Existing
Conditions to an unacceptable level (LOS F) or an increase in traffic of more than one percent of the
capacity of the segments that operate at LOS F under Existing Conditions.
Caltrans has authority over the State highway system including freeways, interchanges, and arterial State
Routes. Caltrans operates and maintains the State Highways in Santa Clara. The Guide for the Preparation
of Traffic Impact Studies (Caltrans, 2001) includes the information needed for Caltrans to review the
impact on State highway facilities, including freeway segments. However, as the Congestion Management
Agency, VTA is responsible for monitoring operations on Caltrans facilities within Santa Clara County.
Significant impacts on freeway segments in Santa Clara County are determined according to VTA criteria
and would occur when the addition of project traffic causes under Existing Conditions:
Freeway segment operations to deteriorate from an acceptable level (LOS E or better) to an
unacceptable level (LOS F); or
An increase in traffic of more than one percent of the capacity of the segments that operate at LOS F.
As shown in Table 5‐21, the proposed project would not cause freeway segments to deteriorate to an
unacceptable level and would not add trips greater than one percent of the freeway segment capacity to
the freeway study segments during the AM and PM peak hours. Therefore, the proposed project would
have a less‐than‐significant freeway impact at the identified freeway study segments under Existing Plus
Project Conditions and no mitigation measures would be required.
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ENVIRONMENTAL ANALYSIS
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TABLE 5‐21 EXISTING FREEWAY (I‐280) LEVEL OF SERVICE RESULTS
I‐280 Freeway Segment Capacitya
Peak
Hourb
Existing Conditions
Existing Plus
Project Conditions
Densityc LOSd Tripse Densityc LOSd
%
Impactf
Southbound
SR 85 to De Anza Boulevard 6,900 AM
PM
24
103
C
F
12
67
24
105
C
F
<0.01
<0.01
De Anza Boulevard to Wolfe
Road 6,900 AM
PM
36
77
D
F
12
67
36
78
D
F
<0.01
<0.01
Wolfe Road to Lawrence
Expressway 6,900 AM
PM
35
81
D
F
45
31
35
82
D
F
<0.01
<0.01
Lawrence Expressway to
Saratoga Avenue 6,900 AM
PM
37
85
D
F
45
31
37
86
D
F
<0.01
<0.01
Northbound
Saratoga Avenue to Lawrence
Expressway 6,900 AM
PM
89
37
F
D
10
54
89
37
F
D
<0.01
<0.01
Lawrence Expressway to
Wolfe Road 6,900 AM
PM
81
23
F
C
10
54
81
23
F
C
<0.01
<0.01
Wolfe Road to De Anza
Boulevard 6,900 AM
PM
62
25
F
C
56
38
63
26
F
C
<0.01
<0.01
De Anza Boulevard to SR 85 6,900 AM
PM
73
23
F
C
56
38
74
23
F
C
<0.01
<0.01
Note: Bold text indicates intersection operates at unacceptable level of service.
a. Measured in vehicles per hour per lane.
b. AM = morning peak hour, PM = evening peak hour.
c. Measured in passenger cars per mile per lane.
d. LOS = level of service
e. Project trips added to individual freeway segments.
f. Percent Contribution determined by dividing the number of project trips by the freeway segment’s capacity.
Source: Fehr & Peers, December 2015, Table 4‐2 of the TIA.
In summary, according to CMP guidelines for assessing the transportation impacts of development
projects, impacts related to the project’s trip to the transportation network would be less than significant
and no mitigation measures would be required.
c) Would the project result in a change in air traffic patterns, including either an increase in traffic levels
or a change in location that results in substantial safety risks?
The project is a low rise apartment building complex that would not be in an airport influence area or
within an airport land use plan. The nearest public use airport is Mineta San Jose International airport, 10
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-97
miles to the northeast, in the City of San Jose. Given the distance from the nearest public use airport, the
project would not be subject to any airport safety hazards. The project would also not have an adverse
effect on aviation safety or flight patterns. No impacts would occur and no mitigation measures would be
required.
d) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
The primary access to the proposed project would be located off of Pruneridge Avenue, which would
provide immediate access to the project parking structure. Pruneridge Avenue would be modified to
provide exclusive access to the project, and a cul‐de‐sac would provide an end to the eastern portion of
the road. The secondary access off of Wolfe Road would be for emergency vehicles only in the event of an
emergency. This is discussed below in criterion (e). The proposed project would not modify any design
features to a public road or introduce a potentially unsafe feature that would increase hazards. No
impacts would occur and no mitigation measures would be required.
e) Would the project result in inadequate emergency access?
Access to the proposed project would be from Pruneridge Avenue. The driveway would have two access
lanes for entry in the garage, one for residents and one for visitors. Exit lanes would be provided adjacent
to the entry lanes. Vehicle circulation around the perimeter would be designated exclusively for use by
emergency vehicles, moving trucks, and garbage trucks. The SCCFD and City of Cupertino Building Division
coordinate the review of building permits. All access driveways would be designed in accordance with City
of Cupertino standards and would have to be reviewed and approved by SCCFD.
Project plans include approved fire and emergency access through all phases of construction and
operation. Compliance with the provisions of the CFC and the CBC (described above), would ensure that
adequate access would be provided. Therefore, the proposed project would not result in inadequate
emergency access, no impacts would occur and no mitigation measures would be required.
f) Would the project conflict with adopted policies, plans, or programs regarding public transit, bicycle,
or pedestrian facilities, or otherwise decrease the performance or safety of such facilities?
Pedestrian access to the project site is provided by a mostly complete network of sidewalks and
crosswalks. Sidewalks are provided along the frontage of the project site along Wolfe Road and north of
the project site allowing pedestrians to enter the apartment complex from the west and the north. The
sidewalks along Wolfe Road have park strips which act as an additional buffer between vehicles and
pedestrians. Pedestrian signals and high visibility crosswalks are provided at the adjacent intersection on
allowing pedestrian travel to and from the project site in both the north‐south and east‐west directions.
Bicycle access to the project site is accommodated by bicycle lanes (Class II) on surround roadways such
as Wolfe Road, Homestead Road, Tantau Avenue, Vallco Parkway, and Stevens Creek Boulevard. A
discontinuity in the Class II facility does exist along Wolfe Road at the I‐280 Ramps. Bicyclists would need
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to travel with motor vehicles for a short distance when approaching the I‐280 overcrossing. Furthermore,
the proposed project includes additional off‐site improvements at the Wolfe Road/Pruneridge Avenue
intersection that would enhance and complement the improvements required under the AC2 project.
These improvements are as follows:
Add new directional curb ramps70 at the northwest corner.
Relocate the southbound, left‐turn bike box71 so that it is outside of the path of southbound bike
traffic
Relocate the crosswalk at crossing the western leg of the intersection to accommodate the relocation
of the southbound left‐turn bike box and relocate the associated southwest corner curb ramp to align
with the relocated crosswalk
Paint green dashed lines72 on the Class II bike lanes on Wolfe Road.
Transit stops are available immediately north of the project site. Transit routes near the project site have
low peak load factors. Average peak load factors for transit routes near the project site range from 0.07 to
0.25, which indicate that the seats on these transit routes are only about 25 percent or less occupied.
Because of the limited amount of transit stops available in the area, it is unlikely that the project would
generate transit demand that would exceed to the transit vehicle capacity.
In summary, there would be adequate availability of alternative modes of travel including pedestrian,
bicycle and transit. The proposed project would not displace modify or interfere with any transit stop,
sidewalk, or bicycle lanes. In addition, the project would not generate a demand for transit that would
exceed the capacity of the system. Therefore, the project would not conflict with adopted policies, plans,
or programs regarding public transit, bicycle, or pedestrian facilities. No impacts would occur and no
mitigation measures would be required.
70 A curb ramp is a transition between the sidewalk and the street to bring the curb to the level of the street; thus,
eliminating the curb as an obstacle.
71 A bike box is an area of safety for bicyclist while they wait for their turn to proceed through the intersection. The bike box
is located in an area that makes the bicyclist more visible to drivers.
72 The dashed lines are indicators that create awareness to the intersection’s common space shared by bikes and vehicles.
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ENVIRONMENTAL ANALYSIS
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XV. UTILITIES AND SERVICE SYSTEMS
Would the proposed project:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board?
b) Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
c) Require or result in the construction of new stormwater
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d) Have insufficient water supplies available to serve the project
from existing and identified entitlements and resources?
e) Result in a determination by the wastewater treatment provider
which serves or may serve the project that it has adequate
capacity to serve the project’s projected demand in addition to
the provider’s existing commitments?
f) Not be served by a landfill with sufficient permitted capacity to
accommodate the buildout of the project’s solid waste disposal
needs?
g) Comply with federal, state, and local statutes and regulations
related to solid waste?
h) Result in a substantial increase in natural gas and electrical
service demands requiring new energy supply facilities and
distribution infrastructure or capacity enhancing alterations to
existing facilities?
GENERAL PLAN EIR
Chapter 4.14, Utilities and Services Systems, of the General Plan EIR, includes an analysis of impacts
related to water supply, wastewater, solid waste, and energy conservation. Impacts were found to be less
than significant and less than significant with mitigation. The City is required to implement General Plan
Mitigation Measures UTIL‐6a through UTIL‐6c, and UTIL‐8 to ensure impacts related to wastewater and
solid waste are less than significant. General Plan Mitigation Measures UTIL‐6a through UTIL‐6c require
the City to work with the Cupertino Sanitary District (CSD) to increase the available citywide treatment
and transmission capacity, identify appropriate and current wastewater generation rates that are
approved by CSD and establish a monitoring and tracking system for wastewater generation to better
understand the City’s need for potential capacity upgrades from CSD. General Plan Mitigation Measure
UTIL‐8 requires the City to continue current recycling and zero‐waste practices, monitor solid waste
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generation and seek new landfill sites to replace the Altamont and Newby Island landfills, at such time
that these landfills are closed. These mitigation measures, which were previously adopted by the City and
incorporated into the General Plan, will be implemented by the City.
EXISTING CONDITIONS
Chapter 4.14 includes a recent discussion of the existing conditions for each of the utility providers listed
below:
The Santa Clara Valley Water District (SCVWD) is the primary water resources agency for Santa Clara
County. The project site is located within the California Water Service (Cal Water) Los Altos Suburban
District (LASD) service area, and Cal Water would supply water for the project. Water supply for the
LAS District is a combination of groundwater from wells in the LASD and treated water purchased
from SCVWD.
Cupertino Sanitary District (CSD) provides sanitary sewer services for the project site. Wastewater
would be treated at the San Jose/Santa Clara Water Pollution Control Plant (SJ/SCWPCP).
Recology South Bay (Recology) would provide curbside recycling, garbage, and compost and yard
waste service to the residents of the project. The City has a contract with Newby Island Sanitary
Landfill until 2023, which, according to CalRecycle, had a remaining capacity of 21,200,000 cubic yards
and daily disposal capacity is 4,000 tons per day as of October 31, 2014.73
Gas and electricity would be supplied to the project site by Pacific Gas & Electric (PG&E).
A water supply assessment (WSA) was prepared for the project pursuant to Senate Bill 610 (SB 610). SB
610 requires the preparation of a WSA for certain types of projects, as defined by Water Code Section
10912, which are subject to the CEQA. The SB 610 WSA dated March 1, 2016 was prepared for CalWater
by Yarne & Associates, Inc. and is included in Appendix C of this Initial Study.
DISCUSSION
a) Would the project exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board?
The CSD sewer collection system directs wastewater to the SJ/SCWPCP, which is jointly owned by the
cities of San José and Santa Clara. The San Francisco RWQCB established wastewater treatment
requirements for the SJ/SCWPCP in an NPDES Permit (Order No. R2‐2009‐0038), adopted April 8, 2009
and effective June 1, 2009.74 The NPDES Order sets out a framework for compliance and enforcement
applicable to operation of the SJ/SCWPCP and its effluent, as well as those contributing influent to the
73 Calrecycle website, http://www.calrecycle.ca.gov/SWFacilities/Directory/43‐AN‐0003/Detail/, accessed March 1, 2016.
74 San Francisco RWQCB NPDES Permit (Order No. R2‐2009‐0038) for SJ/SCWPCP.
http://www.waterboards.ca.gov/rwqcb2/board_info/agendas/2009/april/SJSC_FinalOrder%20‐%204‐09.pdf
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SJ/SCWPCP. This NPDES Order currently allows dry weather discharges of up to 167 million gallons per day
(mgd) with full tertiary treatment, and wet weather discharges of up to 271 mgd with full tertiary
treatment.
The proposed project would have a significant environmental impact if it would result in a violation of the
sanitary wastewater treatment requirements established in the NPDES Permit issued by the RWQCB. The
SJ/SCWPCP, serving as the Discharger, has an approved pretreatment program, which includes approved
local limits as required by prior permits. The previous permit required the Discharger to evaluate its local
limits—such as those established by the CSD—to ensure compliance with updated effluent limits. These
local limits are approved as part of the pretreatment program required by this permit. The SJ/SCWPCP is
required to monitor the permitted discharges in order to evaluate compliance with permit conditions.
The proposed residential project does not involve industrial uses likely to substantially increase pollutant
loading levels in the sanitary sewer system. Therefore, the proposed project is not expected to exceed
treatment standards established by the RWQCB. Impacts to sanitary wastewater quality would be less
than significant and no mitigation measures would be required.
b) Would the project require or result in the construction of new water or wastewater treatment facilities
or expansion of existing facilities, the construction of which could cause significant environmental
effects?
The proposed project would result in a significant impact if it would result in the construction of new
wastewater treatment facilities or the expansion of existing facilities, the construction of which would
have a significant effect on the environment. As discussed above in criterion (a) above and criterion (e)
below, future demands from the proposed project would not exceed the design or permitted capacity of
the SJ/SCWPCP that serves the project site. Future water treatment demand was assessed in consultation
with the City of Cupertino and includes consideration of development in the City through the 2040
buildout horizon of the General Plan. Therefore, development of the proposed project would not include
any improvements not already considered and the impact of the proposed project on SJ/SCWPCP would
be less than significant.
c) Would the project require or result in the construction of new stormwater drainage facilities or
expansion of existing facilities, the construction of which could cause significant environmental
effects?
As discussed under criterion (d) in Section VIII, Hydrology and Water Quality, above, the proposed project
is would not require the expansion of existing storm drain facilities. The project would involve the
redevelopment of a previously developed site and a 10 percent increase in impervious surface is
expected. All new development that, like the proposed project, creates or replaces 10,000 square feet or
more of impervious surface would be subject to Provision C.3 guidelines for stormwater control, as
described above. Through C.3 compliance, the proposed project would involve actions to minimize runoff
from the project site as described in Section VIII, Hydrology and Water Quality, above. Consequently, the
proposed project would not require the expansion of existing stormwater facilities or the construction of
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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new facilities, the construction of which could otherwise have significant impacts. Therefore, impacts
would be less than significant and no mitigation measures would be required.
d) Would the project have insufficient water supplies available to serve the project from existing and
identified entitlements and resources?
As shown in the General Plan EIR in Chapter 4.14, the water supply at project buildout year 2020 would
be 13,078 acre feet 75 per year (afy) and at General Plan buildout year 2040 would be 16,984 afy. As
discussed in the General Plan EIR, buildout of the General Plan would not result in insufficient water
supplies from Cal Water under normal year conditions or during single‐dry year and multiple‐dry years,
with the proposed and existing water conservation regulations and measures in place. The water supply
evaluation prepared for the General Plan EIR included new development on the project site at a greater
number of units than proposed under the project (820 net new units compared to 600 net new units);
therefore, water supply impacts were adequately addressed in the General Plan EIR. However, as
described above, consistent with SB 610, a Water Supply Assessment was prepared for the proposed
project.
According to Cal Water, the applicable water use generation rate for multi‐family dwelling units, such as
the proposed project, would be 68.7 gallons per day per unit (gpd/unit) or 0.077 acre feet per year.76 As
shown in Table 5‐22, and discussed in detail in the Water Supply Assessment under the Supply Adequacy
and Reliability Assessment section, there would be adequate supply to meet the project’s demand under
normal, single‐, and multiple‐dry years.
TABLE 5‐22 WATER SUPPLY PROJECTIONS AND DEMAND IN NORMAL, SINGLE‐DRY YEAR AND MULTI‐DRY YEARS
Water Supply Sources 2010 2015 2020 2025 2030 2035 2040
Normal Hydrologic Years
SCVWD Purchased Water 8,887 10,500 10,850 11,200 11,550 11,900 12,250
Groundwater Wells 3,892 3,940 4,034 3,961 3,901 3,855 3,822
Recycled Water 0 0 175 175 175 175 175
Total Supply 11,648 14,440 15,059 15,336 15,626 15,930 16,247
Total Demand 11,648 14,440 15,059 15,336 15,626 15,930 16,247
Difference 0 0 0 0 0 0 0
75 One acre‐foot equals about 326,000 gallons, or enough water to cover an acre of land, about the size of a football field,
one foot deep.
76 Wilson, Christopher, Superintendent II, Cal Water, email to Jeff Yarne, November 19, 2015 and the SB 610 Water Supply
Assessment, prepared for CalWater by Yarne & Associates, Inc., March 1, 2016, page 4 (see Appendix C of this Initial Study).
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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TABLE 5‐22 WATER SUPPLY PROJECTIONS AND DEMAND IN NORMAL, SINGLE‐DRY YEAR AND MULTI‐DRY YEARS
Water Supply Sources 2010 2015 2020 2025 2030 2035 2040
Single‐Dry Hydrologic Yeara
SCVWD Purchased Water 8,887 10,500 10,850 11,200 11,550 11,900 12,250
Groundwater Wells 3,892 3,940 4,034 3,961 3,901 3,855 3,822
Recycled Water 0 0 175 175 175 175 175
Total Supply 11,648 14,440 15,059 15,336 15,626 15,930 16,247
Total Demand 11,648 14,440 15,059 15,336 15,626 15,930 16,247
Difference 0 0 0 0 0 0 0
Multiple‐Dry Hydrologic Years: Years 1 – 3
SCVWD Purchased n/a 10,500 10,850 11,200 11,550 11,900 12,250
Recycled Water n/a 0 175 175 175 175 175
Cal Water Wells n/a 3,940 4,034 3,961 3,901 3,855 3,822
Total Supply n/a 14,440 15,059 15,336 15,626 15,930 16,247
Total Demand: Years 1 ‐ 3 n/a 14,440 15,059 15,336 15,626 15,930 16,247
Difference n/a 0 0 0 0 0 0
Multiple‐Dry Hydrologic Years: Year 4b
SCVWD Purchased n/a n/a 8,680 8,960 9,240 9,520 9,800
Recycled Water n/a n/a 175 175 175 175 175
Cal Water Wells n/a n/a 3,192 3,158 3,086 3,049 3,023
Total Supply n/a n/a 15,059 15,336 15,626 15,930 16,247
Total Demand: Year 4 n/a n/a 12,047 12,293 12,501 12,744 12,998
Difference n/a n/a 3,012 3,043 3,125 3,086 3,249
Notes:
a. Note that supply always equals demand due to the fact that Cal Water can vary its groundwater production in response to the availability of
SCVWD purchased water. Water Supply Assessment, Supply Adequacy and Reliability Assessment, 2016, page 23.
b. Year 4 represents a 20 percent decrease in demand and the delivery of SCWVD Contract Water.
Source: SB 610 Water Supply Assessment, prepared for CalWater by Yarne & Associates, Inc., March 1, 2016, Tables 12, 13 and 14, (see Appendix C
of this Initial Study..
Accordingly, the proposed project’s water demand would not exceed the available water supply in 2020 at
project buildout, or General Plan buildout by year 2040 horizon of the General Plan. Accordingly, impacts
to water supply under the proposed project would be less than significant.
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e) Would the project result in a determination by the wastewater treatment provider which serves or
may serve the project that it has adequate capacity to serve the project’s projected demand in
addition to the provider’s existing commitments?
The proposed project would have a significant impact if project demand exceeds the wastewater service
capacity of the SJ/SCWPCP or the CSD collection systems.
Wastewater generation is determined by estimating the flow per unit for residential uses. Using a demand
factor of 263.2 gpd per multi‐family unit for the 600 new residential units, the estimated wastewater
generation based on buildout of the project would be 157,920 gpd (or approximately 0.16 mgd). Added to
existing average demand of 105 mgd, the proposed project’s demand would not exceed the SJ/SCWPCP
treatment plant’s current total capacity of 450 mgd. The CSD has a contractual treatment allocation with
the SJ/SC WPCP of 7.85 million gallon per day (mgd), on average. Current CSD wastewater flow to the
SJ/SCWPCP is 5.3 mgd.77 Added to this existing demand, the wastewater flow form the proposed project
of 0.16 mgd would not exceed the City’s contractual allocation limits. As a result, impacts related to
wastewater service capacity would be less than significant and no mitigation measures would be required.
The CSD’s primary trunk lines that serve the project site are 12‐ and 15‐inch facilities on Wolfe Road, and a
27‐inch line on Pruneridge Avenue that was recently replaced and relocated as part of the AC2 project. As
shown on Figures 3‐21 and 3‐22 in Chapter 3, Project Description, of this Initial Study, the proposed
project would connect to these existing sewer lines. According to the CSD, the CSD can provide sanitary
sewer service to the proposed project subject to entering into an “installer’s agreement” once the project
is approved by the City and the payment of all fees identified in the installer’s agreement to address the
project’s fair‐share of costs for the CSD’s planned improvements and ongoing maintenance of the sewer
lines that would serve the project site.78
f) Would the project be served by a landfill with sufficient permitted capacity to accommodate the
buildout of the project’s solid waste disposal needs?
As discussed in the existing conditions, above, the City contracts with Recology South Bay (Recology) to
provide solid waste collection services to residents and businesses in the city. The City has a contract with
Newby Island Sanitary Landfill until 2023. In addition to the Newby Island Landfill, solid waste generated
in Cupertino can also be disposed of at the Altamont Landfill and Resource Recovery facility, the Corinda
Los Trancos Landfill, Forward Landfill Inc., Guadalupe Sanitary Landfill, Kirby Canyon Recycling and
Disposal Facility, the Monterey Peninsula Landfill, Recology Hay Road, the Vasco Road Sanitary Landfill, the
Zanker Material Processing Facility, and the Zanker Road Class III Landfill.
77 Tanaka, Richard. District Manager‐Engineer. Letter to Ms. Aarti Shrivastava, Assistant City Manager. 23 May 2014.
78 Tanaka, Richard. District Manager‐Engineer. Letter to Ms. Catarina S. Kidd, Senior Planner, 10 March 2016.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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The proposed waste management for the proposed project would focus on waste, recycling, and
composting.
Solid waste generated by construction of the proposed project would largely consist of demolition waste
from the existing buildings as well as construction debris. The project would be required to comply with
Cupertino Municipal Code Chapter 16.72, Recycling and Diversion of Construction and Demolition Waste,
which requires the recycling or diversion at least 60 percent of all generated construction and demolition
(C&D) waste by salvage or by transfer to an approved facility. Prior to the permit issuance, the applicant is
required to submit a properly completed Waste Management Plan, which includes the estimated
maximum amount of C&D waste that can feasibly be diverted, which facility would handle the waste, and
the total amount of C&D waste that would be landfilled. Compliance with the Chapter 16.72 would reduce
solid waste and construction‐related impacts on the landfill capacity would be less than significant.
Based on an average household size of 2.88 persons,79 it is assumed the proposed project would
introduce 1,728 new residents.80 The project would also include 25 employees. As discussed in the
General Plan EIR, in 2012, the city of Cupertino’s actual disposal rate for residents was 2.6 pounds per
person per day (PPD) with the target of 4.3 PPD. For employees, the disposal rate was 4.3 PPD with the
target rate of 8.1 PPD.81 The city of Cupertino’s disposal rates for both residents and employees have been
below target rates and steadily decreasing since 2007.82
Applying these disposal rates, the project would generate approximately 4,600 pounds per day or 2 tons
per day of new waste, which is well within the Newby Island Sanitary Landfill permitted daily disposal
capacity of 4,000 tons per day. Anticipated rates of solid waste disposal would have a less‐than‐significant
impact in regard to target disposal rates, and the project would comply with the City’s current recycling
ordinances and zero‐waste policies, which would further reduce solid waste disposed of in the landfill.
Thus, operation‐related impacts on landfill capacity would be less than significant.
g) Would the project comply with federal, state, and local statutes and regulations related to solid waste?
The proposed project would have a significant environmental impact if it would conflict with standards
relating to solid waste or litter control. The City’s per capita disposal rate is below the target rate
established by CalRecycle. Cupertino adopted a Source Reduction and Recycling Element (SRRE) and a
Household Hazardous Waste Element (HHWE) in compliance with the California Integrated Waste
Management Act. The City has gone beyond the SRRE by implementing several programs, including the
City’s and Recology’s organics or food waste collection program and Environmental Recycling Day events
79 This analysis is based on the Association of Bay Area Governments (ABAG) 2013 projections of the average household size
of 2.88 persons for Cupertino in 2020. This is the standard approach for population and housing analysis in Cupertino.
80 600 new units multiplied by 2.88 persons per unit equals 1,728 new residents.
81 CalRecycle, “Jurisdiction per Capita Disposal Trends: Cupertino,” http://www.calrecycle.ca.gov/, accessed May 15, 2014.
82 CalRecycle, “Jurisdiction per Capita Disposal Trends: Cupertino,” http://www.calrecycle.ca.gov/, accessed May 15, 2014.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
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offered to residents 3 times per year by Recology. Implementation of the referenced strategies, programs
and plans, as well as the Climate Action Plan that launched in May 2014, will enable the city to meet the
75 percent solid waste diversion rate by the year 2020. These programs will be sufficient to ensure that
future development in Cupertino, including the proposed project, would not compromise the ability to
meet or perform better than the State mandated target. Additionally, construction and any demolition
debris associated with the project would be subject to the Municipal Code Chapter 16.72, requiring that a
minimum of 50 percent of C&D debris be diverted from landfill. Compliance with applicable statutes and
regulations would ensure that the impact would be less than significant and no mitigation measures
would be required.
h) Would the project result in a substantial increase in natural gas and electrical service demands
requiring new energy supply facilities and distribution infrastructure or capacity enhancing alterations
to existing facilities?
The proposed project would demolish the existing residential buildings and replace them with new
structures that would meet the current Building and Energy Efficiency Standards. The 2013 Building and
Energy Efficiency Standards became effective July 1, 2014. The 2013 Standards are 25 percent more
energy efficient than the 2008 standards for residential buildings and 30 percent more energy efficient for
non‐residential buildings. The project provides connectivity to existing transit, bicycle and pedestrian
facilities and locates a high‐density housing development in close proximity to existing residential‐serving
land uses and employment centers.
The project site is currently served by existing PG&E distribution systems that would provide natural gas
and electricity. As described in Section IX, Land Use, above, the proposed project complies with the
General Plan land use designation requirements as well as the Zoning district requirements and would not
result in new growth potential from what was considered in the General Plan. The project would include
appropriate on‐site infrastructure to connect to the existing PG&E systems and would not require new off‐
site energy supply facilities and distribution infrastructure or capacity enhancing alterations to existing
facilities. Accordingly, impacts would be less than significant and no mitigation measures would be
required.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
CITY OF CUPERTINO
ENVIRONMENTAL ANALYSIS
PLACEWORKS 5-107
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less
Than
Significant
No
Impact
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self‐
sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
b) Does the project have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively considerable" means
that the incremental effects of a project are considerable when
viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable
future projects)?
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
DISCUSSION
a) Does the project have the potential to degrade the quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self‐sustaining
levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a
rare or endangered plant or animal or eliminate important examples of the major periods of California
history or prehistory?
As described above, the project site is in an urbanized, extensively developed area of Cupertino. Almost
entirely built out with residential development and associated surface parking, the project site has few
green spaces and trees within and surrounding the on‐site buildings. There are no sensitive natural
communities, no areas of sensitive habitat, and no areas of critical habitat occurring at the project site.
Additionally, there are no buildings currently listed or eligible for listing on the California Register of
Historical Resources (CRHR), no recorded archaeological sites, and no known paleontological resources
located on the project site. Therefore, implementation of the proposed project would result in a less‐than‐
significant impact to the environment and wildlife on the project site.
THE HAMPTONS REDEVELOPMENT PROJECT INITIAL STUDY
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ENVIRONMENTAL ANALYSIS
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b) Does the project have impacts that are individually limited, but cumulatively considerable?
(“Cumulatively considerable” means that the incremental effects of a project are considerable when
viewed in connection with the effects of past projects, the effects of other current projects, and the
effects of probable future projects)?
As described in the environmental checklist, the impacts of the proposed project would be mitigated to
less‐than‐significant levels. Therefore, the proposed project would not be expected to contribute to
significant cumulative impacts when considered along with other impacts under the General Plan.
c) Does the project have environmental effects which will cause substantial adverse effects on human
beings, either directly or indirectly?
As discussed previously, the proposed project would not result in a significant impact that could not be
mitigated to a less‐than‐significant level, thus the proposed project’s environmental effects would be less
than significant.