CC Resolution No. 22-097 the Climate Action Plan 2.0 and GHG Emissions Thresholds Initial StudyNegative DeclarationRESOLUTION N0. 22-097
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING AN INITIAL STUDY/NEGATIVE DECLARATION FOR THE
CLIMATE ACTION PLAN 2,0 AND CEQA GHG EMISSIONS THRESHOLDS
WHEREAS, the Environmental Resources and Sustainability Element of the
City of Cupertino's General Plan Strategy ES-L1.I directs the City to "[a]dopt,
implement, and maintain a Climate Action Plan to attain greenhouse gas emission
targets consistent with state law and regional requirements"; and
WHEREAS, the Strategy also specifies that "tlns qualified greenhouse gas
einissions reduction plan, by BAAQMD's definition, will allow for future project
CEQA streamlining"; and
WHERE AS, in 2006, the State of California adopted the Global Warming
Act of 2006 (Assembly Bill 32), winch created a statewide greenhouse gas
emissions requirement and goal to reduce emissions to 1990 levels by 2020; and in
2016, California Senate Bill 32 established a new greenhouse gas reduction target
of 40 percent below 1990 levels by 2030; and
WHEREAS, in January-2014, the Cupertino City Council adopted a Climate
Action Plan which put Cupertino on a path to reduce greenhouse gas emissions in
response to climate change; and
WHEREAS, in September 2018, the Governor of the State of California
issued Executive Order B-55-18, establishing a statewide goal to achieve carbon
neutrality as soon as possible, and no later than 2045, and achieve and maintain
net negative emissions thereafter; and
WHEREAS, in December 2020, the City Council was informed that the 2015
Climate Action Plan greenhouse gas targets had been achieved, and City Council
directed staff to prepare an update to the greenhouse gas reduction plan, to be
la"iown as the Climate Action Plan 2.0 (CAP 2.0); and
WHEREAS, the City organized a series of noticed workshops and public
engagement events to obtain direction with respect to the community's goals
regarding the design of emissions reductions strategies within the City; and
Resolution No. 22-097
Page 2
WHEREAS, the CAP 2.0 includes a greenhouse gas emission inventory and
forecast, analysis and quantification of greenhouse gas reduction measures and
targets, and the CAP 2.0 also set forth a general process for implementation,
monitoring and reporting of progress, and meaningful community engagement;
and
WHEREAS, the CAP 2.0 meets the criteria of Section 15'I83.5 of the State
CEQA Guidelines aiid therefore is a California Environmental Quality Act
Qualified Climate Action Plan; and
WHEREAS, the City prepared an Initial Study/Negative Declaration
(IS/ND), to evaluate the potential environmental impacts of the CAP 2.0 and
CEQA GHG Emissions Thresholds in conformance with Section 15063 of Title 14
of the California Code of Regulations (the "CEQA Guidelines"); and
WHEREAS, on May 19, 2022 the Cupertino Environmental Review
Committee has reviewed the draft IS/ND, and recommended that the City proceed
witl"i preparation of a final IS/ND; and
WHEREAS, on June 3, 2022, a Notice of Intent to adopt an IS/ND for the
Cupertino CAP update and CEQA GHG Emissions Thresholds was sent to the
State Clearinghouse, Santa Clara County Clerk, and other interested agencies and
parties; and
r"-
WHEREAS, the draftIS/ND was circulated for a 30-day reviewperiod, with
the public review period commencing on June 3, 2022 and ending on July 5, 2022;
and
WHEREAS, on August 16, 2022, the City Council dulyheld a public hearing
on the matter, and received and considered evidence, both oral and documentary,
before adopting the IS/ND; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
1. Based on the above facts, the City Council makes the following findings:
A. The City of Cupertino exercised overall control and direction
over the CEQA review for the CAP 2.0, including preparation of
the IS/ND, and independently reviewed the IS/ND; and
Resolutioii No. 22-097
Page 3
B.
C.
D.
Tl'ie City Couicil l'ias considered the IS/ND, together witl-i all
evidei'ice properly received during tlie public review period. Tlie
Cit>r Council finds on the basis of the whole record before it, that
there is :ito substantial evidei'ice tl"iat tbe CAP 2.0 will have g
significaiqt effect on the environment, aitd tl'ie IS/ND reflects tile
City Council's independent judgement and aiialysis; and
The CAP 2.0 satisfies tl"ie criteria in subdivision (b) of Section
15183,5 of the State CEQA Giidelii-ies aitd therefore is a
California Enviroi'unental Quality Act Qualified Climate Action
Plan; ax"id
The adoption of tl-iis CAP 2.0 is in the best interests of the public's
convenience and ge'iteral welfare.
2.The City Council hereby adopts the Initial Study/Negative Declaration
for the Clin-iate Action Plaii 2.0 aitd CEQA GHG Emissions Thresltolds.
PASSED AND ADOPTED at a regular n'ieetiitg of tl'ie City Council of tlie City of
Cupertii"'ho tlns 161h day of August, 2022 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Paul, Chao, Moore, Wei, Willey
None
None
None
SIGNED:
('> , z/zz-/z_
DClffltrcoyfPCauePe
Date
ATTEST:
o
8/30/22
- - ()
Kirsten Squarcia, City (lerl<Date
Resolution No. 22-097
Page 3
B.
C.
D.
The City Council has considered the IS/ND, together with all
evidence properly received during the public review period. The
City Council finds on the basis of the whole record before it, that
there is no substantial evidence that the CAP 2.O will have a
significaitt effect on the environment, and the IS/ND reflects the
City Council's independent judgement and analysis; and
The CAP 2.0 satisfies the criteria in subdivision (b) of Section
15183.5 of the State CEQA Guidelines and therefore is a
California Environmental Quality Act Qualified Climate Action
Plan; and
The adoption of tlns CAP 2.0 is in the best interests of the public's
convenience and general welfare.
2.The City Council hereby adopts the Initial Study/Negative Dedaration
for the Climate Action Plan 2.0 and CEQA GHG Emissions Thresliolds.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16'h day of August, 2022 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Paul, Chao, Moore, Wei, Willey
None
None
None
SIGNED:
(> , ?/zz_/zc>z_
DCiatyrcyofPCa!"'-ayor
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
Resolution No. 22-097
Page 4
000@*
Final Initial Study - Negative Declaration
RINCON CONSULTANTS, INC.
Environmental Scientists l Planners I Engineers
rinconconsultants.com
prepared for
City of Cupertino
City Manager's Office
10300 Torre Avenue
Cupertino, California 95104
prepared by
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
August 16, 2022
Table of Contents
Initial Study
Proposed Plan Title ..
Lead Agency/Plan Sponsor and Contact
Plan Location and Physical Setting
Existing Sustainability Setting.
General Plan Designation and Zoning.
Description of Plan
Cumulative Projects Scenario
Required Approvals. .
Environmental Factors Potentially Affected
Determination.
1 Aesthetics
2 Agriculture and Forestry Resources
3 Air Quality
4 Biological Resources
5 Cultural Resources.
6 Energy
7 Geology and Soils
8 Greenhouse Gas Emissions
9 Hazards and Hazardous Materials
10 Hydrology and Water Quality
II Land Use and Planning
12 Mineral Resources
13 Noise
14 Population and Housing.
15 PublicServices
16 Recreation
17 Transportation
18 Tribal Cultural Resources
19 Utilities and Service Systems
20 Wildfire
21 Mandatory Findings of Significance
References
List of Citations
List of Document Preparers
Table of Contents
100
102
104
108
112
118
120
122
122
126
Final Initial Study- Negative Declaration
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Tables
Table 1 Cupertino 2018 Communitywide GHG Emissions Levels
Table 2 Cupertino CAP Update GHG Emissions Reduction Measures and Actions......................15
Table 3
Table 4
Table 5
Table 6
Cupertino GHG Emissions Forecasts Through 2040.
Cupertino GHG Emissions Projections and Targets
Land Use Compatibility for Community Noise Exposure.
Human Response to Different Levels of Groundborne Vibration
Figures
Figure 1 Regional Location .. .. . .. . 3
Figure2 PlanLocation .. .. .... . . ...... 4
Figure3 CupertinoForecastScenariosthrough2040-PerCapitaGHGEmissions......................30
Figure4 CupertinoForecastScenariosthrough2040-AbsoluteTotalGHGEmissions...............31
Figure 5 Determining CEQA GHG Emissions Analysis Methodology . ... . 34
Appendices
Appendix A Sources, Health Effects, and Typical Contro(s Associated with Criteria Pollutants
Appendix B Description of Greenhouse Gases of California Concern
(i
Initial Study
Initial Study
Proposed Plan Title
Cupertino Climate Action Plan (CAP) Update and CEQA Greenhouse Gas (GHG) Emissions Thresholds
Lead Agency/Plan Sponsor and Contact
Lead Agency/Plan Sponsor
City of Cupertino
City Manager's Office
10300 Torre Avenue
Cupertino, CA 95014
Contact Person
Andre Duurvoort, Sustainability Manager
(408) 777 -3362
AndreD@cupertino.org
Plan Location and Physical Setting
The Cupertino CAP Update and CEQA GHG En'iissions Thresholds apply to all areas and plans and
projects within the City of Cupertino limits. Figure I shows the regional location, and Figure 2 shows
the plan location.
Regional Location and Setting
The City of Cupertino is approximately 11 square miles located within Santa Clara County in the San
Francisco Bay Area. Cupertino lies within the Silicon Valley area, which is located approximately 42
miles south of San Francisco and includes the Cities or Cupertino, San lose, Menlo Park, Palo Alto,
Mountain View, Santa Clara, Redwood City, and Sunnyvale.l Cupertino is bordered by the Cities of
Sunnyvale and Los Altos to the north, City of San Jose to the east, City of Saratoga to the south, and
the Santa Cruz Mountains to the west.
Regional vehicular access to Cupertino is provided via Interstate 280 (1-280), West Valley Freeway
(State Route [SR] 851 and the Lawrence Expressway. The City is also served by public transit
provided by the Santa Clara Valley Transportation Authority (SCVTA). SCVTA provides bus
connections to nearby Bay Area Rapid Transit (BART), Altamont Commuter Express (ACE) Rail,
Amtrak, and Caltrain stations. SCVTA bus routes with stops in Cupertino include:
Route 23 connecting to San Jose, Mountain View, and Palo Alto;
Route 25 connecting to San Jose and De Anza College;
Route 26 connecting to the Eastridge Transit Center;
I Cupertino, City of. 2022. About Cupertino. Available: <https://www.cupertino.org/our-city/about-cupertino>. Accessed February 4,
2022.
Final Initial Study-Negative Declaration 1
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Route 36 connecting to East San lose;
Route 51 connecting to the Ames Research Center;
Route 53 connecting to the Santa Clara Transit Center and Sunnyvale Rail Station;
Route 55 connecting to the Sunnyvale Rail Station and Great America Rail Station; and
Express 101 connecting to the Winchester Rail Station and Palo Alto.2
Local Setting
Cupertino is the eighth most populous city in Santa Clara County, with a population of 60,381
according to the 2020 u.s. Census.3 Cupertino is located within a valley, with the most intensive
development in the flat valley floor and sparse development in the foothil(s of the Santa Cruz
Mountains to the west. Cupertino is characterized by a suburban development pattern, with
predominantly single-Tamily residential subdivisions and distinct commercial and employment
centers. Cupertino has four major mixed-use corridors centered around Homestead Road, Wolfe
Road, De Anza Boulevard, and Stevens Creek Boulevard. These corridors have historically been the
center of retail, commercial, office, and multi-family housing in Cupertino, and connect residential
neighborhoods to major employment centers, schools and colleges, civic uses, parks, highways and
freeways, and adjacent cities. Cupertino also contains the headquarters for a variety of small,
medium and large software, technology, and biomedical companies, including Apple lnc.4
Cupertino is characterized by a temperate climate with relatively dry summers and wet winters. The
warmest months of the year in Cupertino are July and August, and the coldest months of the year
are December and January. The annual average daily maximum temperature is 81.4 degrees
Fahrenheit (oF), while the annual average daily minimum temperature is 41.7oF. Average monthly
rainfall measured in the local area since 1951 varies from to 0 inch in July to 2.8 inches in January
and February.s
2 Cupertino, City of. 2022. How to Get Around. Available: <https://www.cupertino.org/visitors/visitinB-cupertino/getting-around>.
Accessed February 4, 2022.
3 u.s. Census Bureau. 2022. Quick Far:ts: Cupertino City, California. Available:
<https://www.census.gov/quickfacts/fact/table/cupertinocitycalifornia/PSTO45221>. Accessed February 7, 2022.
4 Cupertino, City of. 2014. General Plan Land Use and Community Design Element. Available:
<httpS://reCOrds.Cupertino.Org/WebLink/dOCVlew.aspX?dbid:0&id:87320l&rep0<ItyOfCupertinO&Cr:1>0
ACCesSed February 7, 2022.
51owa State university. 2022. Iowa Environmental Mesonet: San Jose Station. Available:
<https://mesonet.agron.iastate.edu/sites/monthlysum.php?station=SJC&network=CAASOS >. Accessed February 7, 2022.
(l
2
Initial Study
'-igure 1 Regional Location
RBe!fffiBao"4
I
Imagery pmv)ded by Esrr and rts l{censors @ 2022.
0City of Cupertino
*Project Location
T. - Elk GAvs'
Ealrfield
Vall.pjp " - Stockton
336 Atiti6ch
Francisgp '-
10akland
$:Fiimont
San lose
Saliilas
Soledadi
Final Initial Study-Negative Declaration 3
o
Initial Study
Existing Sustainability Setting
Cupertino Sustainability and Greenhouse Gas Emissions Reduction Efforts
The City has actively implemented a variety of environmental programs since 2014 contributing to
greenhouse gas (GHG) emissions reductions. The following is a listing of Cupertino's primary
sustainable and climate protection programs and policies:
General Plan Environmental Resources & Sustainability Element adopted (2014)
u.s. Conference of Mayors Climate Protection Agreement (2015)
Climate Action Plan adopted (2015)
Joined Compact of Mayors, a coalition of Mayors and city officials worldwide committing to
reduce local GHG emissions and enhance resilience to climate change (2015)
Bicycle Transportation Plan adopted (2016)
Joined Silicon Valley Clean Energy (SVCEI a Community Choice Energy opt-in program (2016)
Zero Waste Policy adopted (2017)
Cupertino Reach Code adopted, requiring all electric new construction (2019)
Diesel Free by 2033 Resolution adopted (2019)
Vehicle Miles Traveled (VMT) Reduction Ordinance adopted (2021)
The City has also taken several additional sustainability actions, such as tree planting, solar projects,
and electric vehicle (EV) charger installation at City facilities, as further detailed in the CAP 2.0
Appendix F, Existing Programs and Accomplishments.6
Regional Sustainability and GHG Reduction Efforts
In coordination with Santa Clara County, the State of California, and the federal government, the
City of Cupertino has committed to implementing regional and State policies related to GHG
emissions reduction. As follows is a summary ofthe existing regional GHG emissions reduction
efforts, which the Draft Cupertino CAP Update is intended to be consistent with or exceed.
Plan Bay Area: Strategy for a Sustainable Region
In October 2021, the Association of Bay Area Governments (ABAG) and Metropolitan Transportation
Commission (MTC) jointly adopted Plan Bay Area 2050, which serves as the Bay Area regional long-
range plan and identifies how the Bay Area would meet its GHG emission reduction targets. Plan
Bay Area is also considered the ABAG/MTC Regional Transportation Plan/Sustainable Communities
Strategy (RTP/SCS). In accordance with SB 743, Plan Bay Area includes elements designed to
encourage the type of land-use development to preserve affordable housing, improve economic
mobility, enhance the transit network to reduce vehicle miles traveled (VMT) per capita, and reduce
hazard risks including through adaptation to sea level rise and reducing GHG emissions."
6 Cupertino, City of. 2022. Draft Climate Action Plan Update. Available: <https://engagecupertino.org/climate-action>. Accessed February
7, 2022,
7 ABAG-MTC. 2021. Plan Bay Area 2050. Available: <https://www.planbayarea.org/finalplan2050>. Accessed February 10, 2022.
Final Initial Study-Negative Declaration 5
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
BO)/ Area Air Quality Management District CEQA Guidelines
The Bay Area Air Quality Management District (BAAQMD) encourages local governments to adopt a
GHG Reduction Strategy that is consistent with AB 32 goa!s. The GHG Reduction Strategy may
streamline environmental review of community development projects. According to the BAAQMD, if
a project is consistent with a GHG Reduction Strategy, then it can be presumed that the project will
not have significant GHG impacts. This approach is consistent with State CEQA Guidelines, Section
15183.5:
Lead agencies may analyze and mitigate the significant inipacts of GHG emissions at a
programmatic level, such as...a plan to reduce GHG emissions. Later project-specific
environmental documents may tier from and/or incorporate by reference that existing
programmatic review. Project-specific environmental documents may rely on an [Environmental
Impact Report] containing a programmatic analysis of GHG emissions.
Santa Clara Countywide Transportation Plan
In 2014, the Santa Clara County Transportation Valley Transportation Authority adopted the Valley
Transportation Plan (VTP) 2040 to provide the County with a long-range plan for establishing the
vision and priorities for transportation over a 25-year planning horizon. The VTP seeks to facilitate
and support an integrated, multi-modal transportation system in order to improve mobility and
access for all segments of the population and promote environmental sustainability. The plan
identifies 371 projects across the county including transit capacity improvements, express lane and
highway improvement projeds, bicycle and pedestrian facilities, and operations and maintenance.
Projects identified for Cupertino include widening McClellan Road widening to provide bike lanes,
adding bike lanes to Miller Avenue, completing the Saratoga Creek bike trail extension, and
construction a new bicycle and pedestrian bridge crossing over the Union Pacific railroad tracks.8
Sonfa Clara County Climate Roadmap 2030
Santa Clara County is currently developing the Climate Roadmap 2030 which will outline actions the
County and partners will take to reduce greenhouse gas emissions. The Roadmap will serve to align
existing efforts to reduce GHG emissions among Cities that have already adopted CAPs, prioritize
actions in unincorporated areas of the County, and help leverage and facilitate regional partnerships
to further encourage sustainable and resilient communities. The County aims to use the Roadmap
as a tool to increase coordination and collaboration in efforts to reach shared sustainability goals.
The Roadmap will include the following:
A countywide greenhouse gas emissions inventory and forecast
An online interactive map tool that will provide a comprehensive overview of the cities,
organizations, institutions, and companies working on climate action in Santa Clara County
Community and partner input
An implementation roadmap9
8 Valley Transportation Authority (VTA). 2014. Valley Transportation Plan 2040. Available: <http://vtaorgcontent.s3-us-west-
l.amazonaws.com/SiteContent/VTP2040finalhi%20res C)30315.pdf>. Accessed February 7, 2022.
9 Santa Clara County. 2022. Climate Roadmap 2030. Available: <https://sustainability.sccgov.org/climate-roadmap-2030>. Accessed
February 7, 2022.
6
Initial Study
Silicon Valley Cfeon Energy Community Choice Energy
SVCE is the community-owned electricity provider for several south bay cities including Cupertino.
SVCE developed its Decarbonization Strategy and Programs Roadmap with extensive community
input to help guide community electrification, which entails switching from relying on fossil fuel use
in homes, buildings and transportation to electricity from renewable sources. By 2030, SVCE
programs aim to cut energy-related pollution in half from the 2015 baseline. That equates to
preventing two million metric tons of carbon dioxide equivalents (MT CO2e) from being released
into the environment each year.
State Sustainability and GHG Reduction Efforts
As follows is a summary of existing State GHG emissions reduction efforts, which the Cupertino CAP
Update is intended to be consistent with or exceed.
Senate Bill 1078, Renewable Portfolio Standards
In 2002, SB 1078, established the California Renewables Portfolio Standards (RPS) Program and was
accelerated in 2006 by SB 107, requiring that 20 percent of retail electricity sales be composed of
renewable energy sources by 2010. EO S-14-08 was signed in 2008 to further streamline California's
renewable energy project approval process and increase the State's RPS to the most aggressive in
the nation at 33 percent renewable power by 2020.
Assembly Bill 1493, Pavley Bill Vehicle Efficiency Standards
In 2002, the California State Legislature enacted Assembly Bill 1493 (aka "the Pavley Bill"l which
directs the CARB to adopt standards that will achieve "the maximum feasible and cost-effective
reduction of GHG emissions from motor vehicles," taking into account environmental, social,
technological, and economic factors. In September 2009, CARB adopted amendments to the
"Pavley" regulations to reduce GHG emissions in new passenger vehicles from 2009 through 2016.
The Pavley Bill is considered to be the national model for vehicle emissions standards. In January of
2012, CARB approved a new emissions contro! program for vehicle model years 2017 through 2025.
The program combines the control of smog, soot, and GHGs and the requirement for greater
numbers of zero emission vehicles into a single package of standards called Advanced Clean Cars.
Assembly Bill 117, Community Choice Aggregation
Assembly Bill 117 establishes the creation of Community Choice Aggregation (CCA) that fosters
clean and renewable energy markets. CCA allows cities and counties to aggregate the buying power
ofindividual jurisdictions. The California CCA markets were created as an answer to the brownouts
and energy shortages of the early 2000s. AB 117 was passed in 2002 as an answer to California"s
increased energy independency by incorporating more alternative and renewable energy sources
into its energy portfolio. With AB 117, municipalities can provide alternative energy choices to their
local carrier (e.g., the Pacific Gas and Electric Company, PG&E). Marin Clean Energy was the first CCA
in the State of California to go online with a 50 percent to 100 percent clean energy portfolio in
2010. In 2016, SCVE began supplying South Bay communities, including Cupertino, with renewable
energy-sourced electricity. CCAs are governed by the California Public Utilities Commission (CPUC).
SB 790 further ensures fair and transparent competition by creating a code of conduct and guiding
principles for entrants into the CCA field.
Final Initial Study-Negative Declaration 7
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Catifornia Executive Order S-3-OS
In 2005, the California governor issued Executive Order (EO) S-3-05, which identifies Statewide GHG
emissions reduction targets to achieve long-term climate stabilization aS follows:
Reduce GHG emissions to 1990 levels by 2020
Reduce GHG emissions to 80 percent below 1990 levels by 2050
In response to EO S-3-05, California Environmental Protection Agency (CalEPA) created the Climate
Action Team (CAT), which in March 2006 published the Climate Action Team Report (the "2006 CAT
Report"). The 2006 CAT Report identified a recommended list of strategies that the State could
pursue to reduce GHG emissions. These are strategies that could be implemented by various State
agencies to ensure that the emission reduction targets in EO S-3-05 are met and can be met with
existing authority of the State agencies. The strategies include the reduction of passenger and light
duty truck emissions, the reduction of idling times for diesel trucks, an overhaul of shipping
technology/infrastructure, increased use of alternative fuels, increased recycling, and landfill
methane capture, among others.
California Assembly Bill 32, California Global Warming Pollution Solutions Act
In 2006, the California legislature signed Assembly Bill (AB) 32 - the Global Warming Solutions Act -
into law, requiring a reduction in Statewide GHG emissions to 1990 levels by 2020 and California Air
Resources Board (CARB) preparation of a Scoping Plan that outlines the main State strategies for
reducing GHGs to meet the 2020 deadline. In addition, AB 32 required CARB to adopt regulations to
require reporting and verification of Statewide GHG emissions. Based on this guidance, CARB
approved a 1990 Statewide GHG level and 2020 limit of 427 MTCOle.
Calirornia Senate Bill 375, Sustainable Communities and Climate Protection Act
In 2008, Senate Bill (SB) 375) enhanced the State's ability to reach AB 32 targets by CARB to develop
regional GHG emissions reduction targets to be achieved from passenger vehicles for 2020 and
2035. In addition, SB 375 directs each of the State's 18 major Metropolitan Planning Organizations
(MPO) to prepare a sustainable community's strategy (SCS) that contains a growth strategy to meet
such regional GHG emissions reduction targets for inclusion in the respective regional
transportation plan (RTP).
On March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005
levels by 2020 and 2035. ABAG was assigned targets of a ten percent reduction in per capita GHG
emissions from passenger vehicles by 2020 and a nineteen percent reduction in per capita GHG
emissions from passenger vehicles by 2035.
California Climate Change Scoping Plan
In 2008, CARB approved the original California Climate Change Scoping Plan, which included
measures to address GHG emission reduction strategies related to energy efficiency, water use, and
recycling and solid waste, among other measures. Many of the GHG reduction measures included in
the Scoping Plan (e.g., Low Carbon Fuel Standard, Advanced Clean Car standards, and Cap-and-
Trade) have been adopted and implemented since approval of the Scoping Plan.
8
Initial Study
California Energy Efficiency Strategic Plan of 2008
In September 2008, the California Public Utilities Commission (CPUC) adopted California's first Long
Term Energy Efficiency Strategic Plan, presenting a single roadmap to achieve maximum energy
savings across all major groups and sectors in California. The Strategic Plan was subsequently
updated in January 2011 to include a lighting chapter. The Strategic Plan sets goals of all new
residential construction and all new commercial construction in California to be zero net energy
(ZNE) by 2020 and 2030, respectively. In 2018, the California Energy Commission voted to adopt a
policy requiring all new homes in California to incorporate rooftop solar. This change went into
effect in January 2020 with the adoption of the 2019 California Code of Regulations (CCR) Title 24
Code and is a step towards the State achieving its goal of all residential new construction being ZNE
by 2020. Additionally, the Strategic Plan sets goats of 50 percent of existing commercial building to
be retrofit to ZNE by 2030 and all new State buildings and major renovations to be ZNE by 2025.
Senate Bill X7-7, Water Conservation Act
In 2009, SB X7-7, also known as the Water Conservation Act, was signed, requiring all water
suppliers to increase water use efficiency. This legislation sets an overall goal of reducing per capita
urban water use by 20 percent by2020.
Senate Bill 97, CEQA Guidelines for Addressing GHG Emissions
The California Environmental Quality Act (CEQA) requires public agencies to review the
environmental impacts of proposed projects, including General Plans, Specific Plans, and specific
kinds of development projects. In February 2010, the California Office of Administrative Law
approved the recommended amendments to the State CEQA Guidelines for addressing GHG
emissions. The amendments were developed to provide guidance to public agencies regarding the
analysis, mitigation, and effects of GHG emissions in draft CEQA documents.
Senate Bill 2X, Electricity Sourced from Renewable Energy
In 2011, SB 2X was signed, requiring California energy providers to buy (or generate) 33 percent of
their electricity from renewable energy sources by 2020.
Assembly Bill 34 ), Commercial Recycling
AB 341 directed the California Department of Resources Recycling and Recovery (CalRecycle) to
develop and adopt regulations for mandatory commercial recycling. As ofJuly 2012, businesses are
required to recycle, and jurisdictions must implement a program that includes education, outreach,
and monitoring. AB 341 also set a Statewide goal of 75 percent waste diversion by the year 2020.
California Climate Change Scoping Plan Update (2013)
In 2013, CARB approved the first update to the California Climate Change Scoping Plan. The 2013
Scoping Plan Update defined CARB climate change priorities for the next five years and set the
groundworkto reach post-2020 Statewide GHG emissions reduction goals. The 2013 Scoping Plan
Update highlighted California's progress toward meeting the "near-term" 2020 GHG emission
reduction goals defined in the original Scoping Plan. It also evaluated how to align the State"s
Final Initial Study-Negative Declaration 9
City of Cupertino
Climo+e Action Plan Update & CEQA GHG Emissions Thresholds
longer-term GHG reduction strategies with other State policy priorities, including those for water,
waste, natural resources, clean energy, transportation, and land use.lo
Senate Bill 1275, Charge Ahead Inrfiatrve
In 2014, Senate Bill 1275 established a State goal of one million zero-emissions and near-zero-
emissions vehicles in service by 2020 and directed CARB to develop a long-term funding plan to
meet this goal. SB 1275 also established the Charge Ahead California Initiative requiring planning
and reporting on vehicle incentive programs and increasing access to and benefits from zero-
emissions vehicles for disadvantaged, low- and moderate-income communities and consumers.
Senate Bill )826, Recycling of Organic Material
AB 1826 was signed in 2014 to increase the recycling of organic material. GHG emissions produced
by the decomposition of these materials in landfills were identified as a significant source of
emissions contributing to climate change. Therefore, reducing organic waste and increasing
composting and mulching are goals set out by the AB 32 Scoping Plan. AB 1826 specifically requires
jurisdictions to establish organic waste recycling programs by 2016, and phases in mandatory
commercial organic waste recycling over time.
California Executive Order B-30- 15
In 2015, the California governor issued Executive Order B-30-15, which established a Statewide mid-
term GHG reduction target of 40 percent below 1990 levels by 2030.
Senate Bill 350, Clean Energy and Pollution Reduction Act of 2075
In 2015, SB 350 established new clean energy, clean air, and GHG reduction goals for 2030 and
beyond. SB 350 codified Governor Brown's aggressive clean energy goals and established the State
2030 GHG reduction target of 40 percent below 1990 levels. To achieve this Hoal, SB 350 increases
California"s renewable electricity procurement goal from 33 percent by 2020 (legislation originally
enacted in 2002) to 50 percent by 2030. Renewable resources include wind, solar, geothermal,
wave, and small hydroelectric power. In addition, SB 350 requires the State to double State-wide
energy efficiency savings in electricity and natural gas end uses by 2030 from a base year of 2015.
Assembly Bill l 97, State Air Resources Board GHGs Regulations
In 2016, AB 197, a bill linked to SB 32, increased legislature oversight over CARB and directs CARB to
both prioritize disadvantaged communities in its climate change regulations and evaluate the cost-
effectiveness of measures it considers. AB 197 requires CARB to protect the State's most impacted
and disadvantaged communities [andl considerthe social costs of the emissions of GHGs when
developing climate change programs. The bill also adds two new legislatively appointed non-voting
members to CARB, increasing the Legislature's role in CARB's decisions.
California Senate Bill 32, California Global Warming Pollution Solutions Act Update
In 2016, the California legislature signed Senate Bill 32 (SB 32) into law, extending AB 32 by requiring
further reduction in Statewide GHG emissions to 40 percent below 1990 levels by 2030 (the other
lo CARB. 2013. Climate Change Scoping Plan. Available:
<https://ww2.arb.ca.gov/sites/default/files/classic/cc/scoplngplan/20l3update/firstupdateclimatechangescoping 31an.pdf>.
Accessed August 3, 2022.
10
Initial Study
provisions of AB 32 remain unchanged). On December 14, 2017, CARB adopted the 2017 Scoping
Plan, which provides a framework for achieving the 2030 target. The 2017 Scoping Plan relies on the
continuation and expansion of existing policies and regulations, such as the Cap-and-Trade Program,
as well as implementation of recently adopted policies and policies, such as SB 350 and SB 1383 (see
below).
Senate Bill 7383, Short-lived Climate Pollutant Reduction Strategy
Adopted in September 2016, SB 1383 requires CARB to approve and begin implementing a
comprehensive strategy to reduce emissions of short-lived climate pollutants. The bill requires the
strategy to achieve the following reduction targets by 2030:
Methane -40 percent below 2013 levels
Hydrofluorocarbons - 40 percent below 2013 levels
Anthropogenic black carbon - 50 percent below 2013 levels
SB 1383 also requires CalRecycle, in consultation with the CARB, to adopt regulations that achieve
specified targets for reducing organic waste in landfills. The bill further requires 20 percent of edible
food disposed of at the time to be recovered by 2025.
California Climate Change Scoping Plan Update (2017)
In 2017, CARB approved the second update to the California Climate Change Scoping Plan. The 2017
Scoping Plan put an increased emphasis on innovation, adoption of existing technology, and
strategicinvestment to support its strategies. As with the 2013 Scoping Plan Update, the 2017
Scoping Plan Update does not provide project-level thresholds for land use development. Instead, it
recommends that local governments adopt policies and locally-appropriate quantitative thresholds
consistent with Statewide per-capita goals of six MTCOle by 2030 and two MTCOle by 2050.11 As
stated in the 2017 Scoping Plan Update, these goals may be appropriate for plan-level analyses (city,
county, subregional, or regional level), but not for specificindividual projects, because they include
all GHG emissions sectors in the State.
California Executive Order B-55- 18
In 2018, the California governor issued Executive Order B-55-18, which established a new Statewide
goal of achieving carbon neutrality by 2045 and maintaining net negative emissions thereafter. This
goal is in addition to the existing Statewide GHG redudion targets established by SB 32.
For more information on the Senate and Assembly Bills, Executive Orders, and Scoping Plans
discussed above, and to view reports and research referenced above, please refer to the following
websites: www.climatechange.ca.gov and www.arb.ca.gov/cc/cc.htm.
Senate Bill 100, The 100 Percent Clean Energy Act of2018
In September 2018, Governor Brown signed SB 100, requiring that the State's load serving entities
(including energy utilities and community choice energy programs) must procure energy generated
100 percent from Renewables Portfolio Standard for eligible renewable resources by 2045.
Il California Air Resources Board (CARB). 2017. AB 32 Scoping Plan. Available:
<https://ww3.arb.ca.gov/cc/scopingplan/scopingplan.htm>. Accessed February 3, 2022.
Final Initial Study-Negative Declaration 11
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
California Code of Regulations Title 24 (California Building Code)
Updated every three years through a rigorous stakeholder process and most recently in 2019, Title
24 of the CCR requires California homes and businesses to meet strong energy efficiency measures,
thereby lowering their energy use. Title 24 contains numerous subparts, including Part 1
(Administrative Code), Part 2 (Building Code), Part 3 (Eledrical Code), Part 4 (Mechanical Code), Part
5 (Plumbing Code), Part 6 (Energy Codel Part 8 (Historical Building Code), Part 9 (Fire Code), Part 10
(Existing Building Code), Part 11 (Green Building Standards Code), Part 12 (Referenced Standards
Code). The California Building Code is applicable to all development in California. (Health and Safety
Code fij 17950 and 18938(b).)
The regulations receive input from members ofindustry, as well as the public, with the goal of
"[rleducing of wasteful, uneconomic, inefficient, or unnecessary consumption of energy." (Pub. Res.
Code § 25402.) These regulations are carefully scrutinized and analyzed for technological and
economic feasibility (Pub. Res. Code § 25402(d)) and cost effectiveness (Pub. Res. Code §
25402(b)(2) and (b)(3)).
PART 6 - BUILDING ENERGY EFFICIENCY STANDARDS
CCR Title 24 Part 6 is the Building Energy Efficiency Standards. This code, originally enacted in 1978,
establishes energy-efficiency standards for residential and non-residential buildings in order to
reduce California's energy demand. The Building Energy Efficiency Standards is updated periodically
to incorporate and consider new energy-efficiency technologies and methodologies as they become
available. New construction and major renovations must demonstrate compliance with the current
Building Energy Efficiency Standards through submission and approva( of a Title 24 Compliance
Report to the local building permit review authority and the CEC. Under the 2019 standards,
nonresidential buildings will be 30 percent more energy efficient compared to the 2016 standards,
and residential homes will be 7 percent more energy efficient. When accounting for the electricity
generated by the solar photovoltaic system, residences would use 53 percent less energy compared
to homes built to the 2016 standards. The 2019 Building Energy Efficiency Standards, adopted on
May 9, 2018, became effective on January 1, 2020. The 2019 Standards move toward cutting energy
use in new homes by more than 50 percent and require installation of solar photovoltaic systems for
singl6-family homes and multi-family buildings of three stories and less. The 2019 Standards focus
on four key areas: 1) smart residential photovoltaic systems; 2) updated thermal envelope
standards (preventing heat transfer from the interior to exterior and vice versa); 3) residential and
nonresidential ventilation requirements; 4) and nonresidential lighting requirements. Under the
2019 Standards, nonresidential buildings will be 30 percent more energy-efficient compared to the
2016 Standards, and single-family homes will be seven percent more energy-efficient. When
accounting for the electricity generated by the solar photovoltaic system, single-family homes would
use 53 percent less energy compared to homes built to the 2016 standards.
I(
PART ? 1- CALIFORNIA GREEN BU(LDING STANDARDS
The California Green Building Standards Code, referred to as CALGreen, was added to CCR Title 24
as Part 11 first in 2009 as a voluntary code, which then became mandatory effedive January 1, 2011
(as part of the 2010 CBC). The 2019 CALGreen institutes mandatory minimum environmental
performance standards for all ground-up new construction of non-residential and residential
strudures. It also includes voluntary tiers (l and II) with stricter environmental performance
standards for these same categories of residential and non-residential buildings. Local jurisdictions
12
Initial Study
must enforce the minimum mandatory Green Building Standards and may adopt additional
amendments for stricter requirements.
The mandatory standards require:
20 percent reduction in indoor water use relative to specified baseline levels;
50 percent construction/demolition waste diverted from landfills;
Inspections of energy systems to ensure optimal working efficiency;
Low-pollutant emitting exterior and interior finish materials such as paints, carpets, vinyl
flooring, and particleboards;
Dedicated circuitry to facilitate installation of EV charging stations in newly constructed
attached garages for single-family and duplex dwellings; and
Installation of EV charging stations at least three percent of the parking spaces for all new multi-
family developments with 17 or more units.
Similar to the compliance reporting procedure for demonstrating Building Energy Efficiency
Standards compliance in new buildings and major renovations, compliance with the CALGreen
water-reduction requirements must be demonstrated through completion of water use reporting
forms for new low-rise residential and non-residential buildings. Buildings must demonstrate a
20 percent reduction in indoor water use by either showing a 20 percent reduction in the overall
baseline water use as identified in CALGreen or a reduced per-plumbing-fixture water use rate.
General Plan Designation and Zoning
The CAP Update would be implemented throughout the City and would occur in all General Plan
designations and in all zoning designations.
Description of Plan
2022 CAP Update
The Cupertino CAP Update incorporates the many climate protection programs noted above,
including the Cupertino 2015 CAP, that the City has in place and will continue to reduce GHG
emissions. The City has developed the CAP Update in order to achieve a number of objectives,
including a safer future and enhanced quality of life for the community, new economic
opportunities through green jobs, enhanced social equity and citizen engagement on the issue of
climate change, and reduced obstacles for building affordable housing. The CAP Update provides a
foundation for future development efforts in the Cupertino community. It is anticipated that
environmental documents for future development projects will identify and incorporate applicable
GHG reduction measures from the CAP Update.
In response to the 2017 California Climate Change Scoping Plan, the City updated its baseline 2010
inventory and prepared a comprehensive, communitywide GHG emissions inventory update for the
2018 calendar year. The GHG emissions inventory update was completed in compliance with all
relevant protocols and guidance documents, including u.s. Community Protocol, Local Government
Operations Protocol (LGOP), the Global Protocol for Community Scale GHG Emissions (GPC), and the
Intergovernmental Panel on Climate Change (IPCC) Guidelines for National GHG Inventories. In
2018, Cupertino's total GHG emissions were estimated to be 346,998 MTCO,e. The Cupertino 2018
Final Initial Study-Negative Declaration 13
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
communitywide GHG emissions inventories is summarized in Table 1. Table 2 also provides
estimated 1990 GHG emissions levels for informational purposes. As shown therein,
communitywide GHG emissions declined by approximately 15 percent between 2010 and 2018. The
most notable changes occurred in the energy and wastewater sectors due to increasing
decarbonization of the state electricity grid, investments in energy efficiency, and a decrease in the
amount of solid waste generated. 12
Table1 Cuper+ino 2018 Communitywide GHG Emissions Levels
Qprtrir
1990 2010 - .2018 PercentChange
--' -" {MT Of CO-@Il (MT Of COye) (MT Of COze) from 2010 tO 2018
Transportation N/A 198,111 220,625 11%
Non-residential Energy N/A 95,246 45,733 -52%
Residential Energy N/A 77,042 45,296 -41%
Wastewater N/A 22,591 19,635 -13%
Solid Waste N/A 15,185 15,709 3%
Total 402,639 408,176 346,998 -15%
MT = metrictons; COze = carbon dioxide equivalents
Note: Numbers are rounded to the nearest ten.
' 1990 GHG emissions were estimated by applying a change factor to Cupertino's 2018 GHG emissions equivalentto the change in the
State's GHG emissions betvieen 2018 and 1990.1990 GHG emissions were not estimated at the individual sector level.
SourCe: Cupert:nD, City Of. 2022. Cupertino 2019 Community GHG Inventory.
Compared with the 2015 CAP, the 2022 CAP Update puts more ennphasis on building and vehicle
electrification and alternative transportation modes (walking, biking, public, and shared transit).
Measures from the 2015 CAP Update were removed and replaced with new foundational actions
and supporting measures. The CAP Update builds upon the goals of the 2015 CAP and is based on
the more recent inventory for the City.
The CAP Update is organized into five categories of GHG emissions reduction efforts, each of which
includes measures and foundational actions. These categories are building energy, transportation
waste, water/wastewater, and carbon sequestration. Altogether, these measures and actions are
intended to reduce communitywide GHG emissions output to 3.39 MT of COze per person
(equivalent to 222,867 MT of COle in total emissions) by 2030, which would represent a 66%
reduction below 1990 per capita levels and 50% below 2010 per capita ievels by 2030. This would
exceed the SB 32 State GHG emissions target of 40% below 1990 levels by 2030 as well as provide
substantial progress toward meeting the City carbon neutrality goal by 2040 while exceeding in time
the State carbon neutrality goal of 2045. However, full implementation of the 2022 CAP Update
would leave a gap of approximately O.82 metric tons of carbon dioxide equivalents (MT COze) per
person per year (equivalent to 57,435 MT COle in total emissions) that would still need to be
addressed to achieve carbon neutrality. As such, the CAP Update acknowledges that additional
actions beyond those identified in the plan will be necessary to achieve carbon neutrality and,
therefore, provides a mechanism for updating and adopting a new climate action plan in the future.
This allows for certainty in the updated schedule, ensures that the carbon neutrality work is directly
tied to the City's financial decision making and prioritization process and allows for constant
'a Cupertino, City Of. 2022. Cupertino 2018 Community Greenhouse GaS EmiSSiOnS Inventory.
14
Initial Study
integration of learning, best practices, and new measures and technologies to further the City
toward meeting its goal of carbon neutrality.
Furthermore, in order to execute the CAP Update, City staff would implement the following
administrative actions: regularly update the GHG Inventory and Climate Action Plan; monitor and
report CAP implementation; ensure transparency by reporting GHG and CAP information to public
disclosure programs; and develop a program for new development to illustrate consistency with the
CAP Update. The climate action categories, measures, and foundational actions ofthe CAP Update
are listed below in Table 2.
Table 2 Cupertino CAP Update GHG Emissions Reduction Measures and Actions
Measure BE-I: Redace non-Sl>eE us0'g-e.rate: tp 2% for re'idential and 10% for commercial by 70jO and maintain
through 2040
BE-1.1 Work with SVCE to conduct an annual analysis of non-SVCE and direct access
usage rates in the City of Cupertino to understand why residents and businesses
opt out of SVCE or use direct access electricity.
2030: 0.012
2040: 0.004
BE.1-2 Investigate feasibility of adopting an energy benchmarking program in Cupertino.
Evaluate similar programs and deter.mine how energy data would be reported and
reviewed, if standards could be set to require energy efficiencyimprovements,
and how much staff time would be required to maintain the program.
BE-1.3 Establish an energy benchmarking program in Cupertino that requires large
commercial entities (over 10,000 square feet) to report their energy usage and
energy procurement details.
BE.1-4 Develop a program to provide SVCE green energy for rental units and households
in the Below Market Rate (BMR) rental and ownership programs.
2030: Supportive
2040: Supportive
BE-1.5 Develop a local education program detailing and promoting the benefits of opting
in to SVCE service.
BE.1-6 Partner with local community organizations that focus on climate and other social
causes to promote the cost efficiency and benefits of SVCE. Solicit applications
from among the community to take part in SVCE's Innovation Onramp Program.
Final Initial Study-Negative Declaration 15
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
IQea0ureBE;2;Ele.qtrif9pxi4ti5gresi4entip;ti'ui44ipgs-%6redqq@ia.rin,palres,iaenti;41,n,iturjl,ga;us,jgffi,%rHl29:tJms:. j
per person in 2018 '!P ai m6st 71 t.herr0s pe< pq:r:pn in 203Q a.iJ4 li th0j#s, jyer persoyi in 2Q40
BE-2.1 Develop a residential building electrification strategy (RBES) to aid in development 203o: suppo'i'e
of a residential building electrification ordinance which: 2040: Supportive
1. Includes a detailed existing building analysis to understand current natural gas
end uses and scenarios to eledrify
2. Includesaneledrificationcostsanalysisthatexplorestheup-frontcostsof
electrification as well as ong,oing energy costs for the end user (homeowners,
landlords, and renters) after electrification
3. Considers impacts to renters, renter/landlord dynamics
4. Identifies potential Impacts to electrical grid resiliency
5. Identifies and develops protections against potential equity concerns/impacts
of electrification
6. Identifiesfundingandfinancingopportunitiesforresidentialelectrification
Identifies the City staff resources needed to enforce a new electrification
ordinance
BE-2.2 Identify and partner with local community-based organizations with connections
to low-income and fixed income people, historically underserved communities,
elders, disabled individuals with access needs to assist in development of the
RBES.
BE-2.3 Conduct engagement efforts for the public and targeted low-income and fixed
income people, historically underserved communities, elders, disabled individuals
with access needs during development of the RBES to understand the
community's concerns around electrification.
BE-2.4 Adopt an electrification ordinance for existing residential buildings by 2023 to be
implemented through the building permit process which bans expansion of
natural gas infrastructure and requires either electrification of appliances or a
disconnect from the gas system at time of replacement and major renovation.
2030: 0.290
2040: 0.566
BE-2.5 Define equity metrics for ordinance enforcement based on feedback from low-
income and fixed income people, historically underserved communities, elders,
disabled individuals with access needs. Equity metrics should be designed to
prevent displacement and ensure that end-user ener(4y costs for low-income
populations will not be greater after electrification than before. Design
compliance support programs such as technical assistance to help permit
applicants with compliance.
BE-2.6 Enforce ordinance compliance through a comprehensive permitting compliance
program, to be developed based on the results of the feasibility study in Action 1.
Structure the program to indude, as determined necessary, routine training of
staff, dedicating staff time to building inspedions, charging fees for
noncompliance, providing easy to understand compliance checklists online and
with permit applications, and facilitating permitting online. Evaluate the
effectiveness of the program on a biannual basis to avoid potential issues such as
reduced permit application rates.
BE-2.7 Activelyparticipateinregionalpermitstreamliningeffortsforall-electricbuilding 2030:Supportive
upgrades, EV charging, and battery storage.
16
Initial Study
Action
Measures and Respective Supporting Actions
Anticipated per.
Capita GHG
Emissions Reduction
(MT of cole)'
BE-2.8 Work with the local contractors, realtors, homeowner associations, and labor
unions to develop a comprehensive building code and compliance training
program, including hosting workforce development trainings discussing the
benefits and technical requirements of electrification. Consider working with
regional partners to maintain a database of qualified contractors and consultants
for electrification retrofits.
2040: Suppoitive
BE-2.9 Commit to electrifying the City's Below Market Rate (BMR) rental and housing
stock at a neighborhood level by 2040. Establish a plan and schedule for
implementing this action by 2024.
BE-2.10 Create a dediCated fund tO support BMR rental and housing upgrades, tO be
supported by grants using an existing regional program (e.g., BayREN Home +).
BE-2.11 Work with PG&E to identify opportunities for natural gas infrastructure pruning to
redirect PG&E dollars allocated for pipeline maintenance to eledrification retrofit
projects instead and reduce the chance of stranded assets. Stranded assets are
functional natural gas infrastructure with ongoing maintenance costs that has
become obsolete due to electrification. Work with PG&E to identify additional
funding as needed forthe abandonment/removal ofthe infrastructure. Consider
piloting this approach with a group of municipal facilities.
BE-2.12 Collaborate with the County and other cities in the region to advocate for
regulatory changes at the state and federal level to allow neighborhood level
eledrification and natural gas pruning. Consider also supporting federal carbon
pricing proposals in the City's legislative platform.
BE-2.13 5BB§ 0pl {130ding partnerships with local financiers and work with partners such as
SVCE and BayREN to fund a program specifically for decarbonization retrofits,
such as a local turnkey retrofit program that leverages existing funding, which
offers low-cost financing of electrification and energy efficiency retrofits for
residents and local businesses.
BE-2.14 Develop a program dedicated to understanding, streamlining, and expanding
energy and electrification turnkey, rebate, and financing programs (e.g., PACE,
CH EEF, and utility-offered incentive programs). Staff would also be responsible for
supporting residents with rebate applications, with a focus on low-income
residents.
Measure BE-3: Electrify existing,commerqial bui.ldings t6 reduce annual commercial natural gas 4sage from 119
therms per person in 2018 to at mast 99 therms per person iri 2030 and 54 therms-per person in'2040
BE-3.1 Inform and facilitate energy master planning work around electrification for
commercial business owners and large developers. Build a partnership with and
distribute technical support to the business community (e.g., local business
associations) to with the aim of identifying, piloting, and scaling large energy
efficiency and electrification projects.
2030: Supportive
2040: Supportive
BE-3.2 Develop a commercial building electrification strategy (CBES), building on the
existing Baseline Buildings Studyfrom SVCE (2020), with a detailed commercial
natural gas usage analysis, analysis to potential impacts to the local commercial
sectors, and electrification costs analysis to aid in development of a commercial
building electrification ordinance.
Final Initial Study-Negative Declaration 17
City of Cuper+ino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Action
Measures and Respective Supporting Actions
4nticipated per
Capita GHG
Emissions Reduction
(MT of co,e)i
BE-3.3 Conduct engagement efforts for the commercial sector during development of the
CBES to understand potential concerns and barriers to commercial electrification.
Engage with BAAQMD in the development of the CBES in order to coordinate on
the approach to emergency power and baseload power generation systems which
commonly use natural gas.
BE-3.4 Conduct outreach to small businesses and minority-owned businesses to
understand potential equity impacts of the ordinance.
BE-3.5 By2024,adoptanelectrificationordinanceforexistingcommercialbuildingstobe 2030:0.190
implemented through the building permit process, which bans expansion of ;040, 0355
natural gas infrastructure, requires electrification of natural gas appliances at time
of major renovation and time of replacement where technologically feasible
(exceptions can be made where all-electric alternatives to do not exist or are a
significant cost burden, to be further defined based on results of the CBES).
BE-3.6 Enforce existing buildings electrification ordinance compliance through the same
permitting compliance program and with same staff as for residential building
electrification.
BE-3.7
BE-3.8
Conduct engagement efforts for the commercial sedor to identify ways the City
can support commercial battery storage installations and improve local grid
resiliency beyond what will be required in the 2022 California Building Energy
Code's commercial battery storage and solarinstallation requirements.
Work with SVCE and PG&E to develop or expand commercial rebate program and
incentivize commercial all-electric retrofits and battery stora(4e installations.
2030: Supportive
2040: Supportive
BE-3.9 Create a program to generate interest and secure partnerships among local
business and institutions for the purpose of seeking out grants or initiatives.
Leverage this program to facilitate funding opportunities for commercial business
electrification.
BE-3.10 Develop a program that funnels Cupertino businesses into the SVCE Innovation
Onramp grant program or similar grant offerings.
BE-4.1 Adopt an eledrification ordinance for new residential and commercial
development which requires developers to build all-electric at time of
construction. Actively maintain the efectrification ordinance through each tri-
annual code cycle.
2030: 0.067
2040: 0.221
Measure BE-5. S:;po<t Apple in gqnt.inuing to procure biofuel,fo7the,fuel cell loca,ted in Cu'pertrno'
BE-5.1 Energy consumption by Apple facilities is significant in Cupertino. Coordinate with
Apple during preparation of future community inventories to ensure that Apple is
continuing to procure biofuel for their Apple Park fuel cell through a legitimate
book and claim process and that the data is reflected correctly in Cupertino's
community inventory according to the latest inventory guidance and protocols
from CARB and ICLEI.
2030: Supportive
2040: Supportive
18
Initial Study
Action
Measures and Respective Supporting Actions
Anticipated per,
Capita GHG
Emissions Reduction
'." : (MT of COze)l
BE-5.2 Develop requirements for future commercial projects with fuel cells, stationary
generators, or other natural gas equipment that cannot be electric to coordinate
with the City and procure biofuel or other carbon-free fuel for operation of the
equipment Coordinate this action with the Bay Area Air Quality Management
District, which conducts regular analysiS on carbon-free alternatives to diesel
generators under the Diesel-Free by "33 program.
2030: Supportive
2040: Supportive
BE-5.3 Work with the City's natural gas provider, ABAG POWER, to develop market
alternatives to natural gas that provide legitimate carbon reduction opportunities,
such as renewable diesel fuels or bio-based fuels. Consider purchasing these fuels
at a price premium.
2030: Supportive
2040: Supportive
TR-1.1 As part of the City's active transportation planning, identify priority projects to
connect neighborhoods with commercial areas via bike/ped paths, repainted
roadways, and e-bike share.
2030: Supportive
2040: Supportive
TR-1.2 Collaborate with the County, VTA, and SVCE to connect Cupertino's bicycle
network to cross-jurisdidion bicyde superhighways and other e-bike networks as
feasible.
TR-1.3 Engage the BicyCle Pedestrian Commission, Safe Routes to School network, and
community groups to identify additional short-term and long-term bikeway and
pedestrian infrastructure improvement projects to implement.
TR-1.4 Ensure there is equitable access to safe bicycle and pedestrian infrastructure in all
areas of the city. Prioritize new bicycle and pedestrian facilities (e.g., bike paths,
5ike parking, sidewalks) in areas with underdeveloped facilities and also in areas
with low-income populations.
TR-1.5 Continue to implement the 2018 Pedestrian Plan and the 2016 Bicycle
Transportation Plan's prioritized list of projects, with accelerated completion of all
planned bike paths by 2030.
2030: 0.048
2040: 0.071
TR-1.6 Repaint arterial, minor collector, and major collector roads (as mapped in the
2016 Bicycle Transportation Plan) without existing designated bike lanes to
include bike lanes and limit existing car lanes/travel where determined to be
feasibly safe.
TR-1.7 Conduct a pilot program, including a plan for pilot implementation, that
designates the road space on select streets specifically for bikes and is closed to
through-traffic motor vehicles. As part of the plan, consider location and extent of
pilot program based on transportation data analysis, and develop success tracking
metrics to inform potential pilot expansion.
TR-1.8 Evaluate and update the City's Zoning Code, Transportation Demand Management
Ordinance, and California Green Building Code to ensure the City requires
installation of accessible, shaded, and secure bicycle parking for new commercial
development and retrofits.
2030: Supportive
2040: Supportive
Final Initial Study-Negative Declaration 19
City oF Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Action
Measures and Respective Supporting Actions
Anticipated per
Capita GHG
Emissions Reduction
(MT of co2e)x
TR-1.9 Improve the bike/e-bike parking network to reduce theft and increase rider
attraction. This would include surveying existing bike parking facilities throughout
Cupertino and developing a plan to improve these with preference given to
improving bike/e-bike parking facilities near public transit stops to improve and
expand access to transit (i.e., first and last-mile access)
TR-1.10 Design a micro-mobility program that that explores expansion of the use of
eledric bikes and scooters and shared micro mobility options.
TR-1.11 Bring an e-bike share or e-scooter share to Cupertino with focus on placing hubs
near neighborhood entry points and commercial areas. Adopt an ordinance to
allow and manage the mobility share.
TR-1.12 Pilot a program to provide free or reduced-price access to e-bikes or other micro
mobility options to low-income residents and students.
TR-1.13 Establish a program for researching and obtaining grant funding for bike and
pedestrian network expansion.
Measure jR-2: -lmpl<iirie:;: p:l:c an:i-s-h-a-raed t:an;i't'p:ffiQ-ram-s-t-o'achiev-e 29% of:p-ubl4 t-rar;Hit moae sj'jre b9-j030
aria maintain through 2040
TR-2.1
TR-2.2
Deve(op a plan for on-demand community shuttle (Via-Cupertino) expansion and
designated streets for transit based on data collected by the City.
Include public transit in the designated streets pilot program in Measure TR-1
(Action 7).
2030: Supportive
2040: Supportive
2030: 0.269
2040: 0.256
TR-2.3 Aggressively expand the on-demand community shuttle to meet shared transit
goals and support vulnerable populations: secure funding to support transition to
an all-electric fleet, maintain bike racks on all fleet vehicles, increase service and
coverage, wheelchair accessibility, and offer free or deeply subsidized passes to
students attending Cupertino schools and low-income individuals.
2030: Supportive
2040: Supportive
TR-2.4 Partner with VTA and neighboring cities to develop high-capacity transit service
along the Stevens Creek Boulevard/1-280 cr:rrridor
TR-2.5 Conduct a free public transit pilot program that provides free public transit on VTA
and the Via-Cupertino Shuttle to students, foster youth, and unhoused youth in
Cupertino.
TR-2.6 Require medium to large-sized employers (25 employees or more) to develop a
Transportation Demand Management (TDM) Plan. TDM pfans should include
subsidies for employees to bike, walk, or carpool, and provide free transit passes
for all employees.
TR-2.7 Require new multi-family development projects to install a car share or provide e-
bikes/e-scooters to each new tenant.
TR-2.8 Establish a program for supporting regional transportation coordination for
improving region-wide service, such as establishing prioritized service, obtaining
grant funding for service expansion or headway reductions.
(i
20
Initial Study
Measu're TR-3: Increase zero-em.is@i6O vihicle.(ZEV) adoptionl3 io'35% for passenger vehicles and 20% for
commercial vehicles 6y 2030 and 100% for all :vehicles by 2040
TR-3.1 Conduct a survey of existing publicly accessible electric vehicle chargers, their
locations, and their kilowatt hour charging speed and identify a prioritized list of
locations for new electric vehicle charging stations with particular consideration
for equitable distribution of chargers to residents of multi-family homes, low-
income and fixed income people, communities of color, elders, and disabled
individuals with access needs.
2030: 0.039
2040: 1.1263
TR-3.2 Leverage public and private partnerships to add 719 new publicly accessible Level
2 and 3 electric vehicle charging stations to the City by 2030.
TR-3.3 Review electric vehicle infrastructure reach code for new development and
consider re-adoption of the reach code or strengthening eledric vehicle
installation requirements at next code cycle.
2030: Supportive
2040: Supportive
TR-3.4 Create a local reach code ordinance for installation of electric vehicle charging
infrastructure at existing multi-family and commercial sites. Work with SVCE on
model code development and coordinate efforts with other SVCE cities.
TR-3.5 Continue to maintain and advertise a streamlined electric vehicle infrastructure
permitting process in accordance with SB 1236 and SB 970.
TR-3.6 Investigate commercial vehicle fleets in Cupertino and identify
businesses/employers to target for accelerating zero emission vehicle (ZEV)
adoption.
2030: 0.118
2040: 0.697
TR-3.7 Work and collaborate with local businesses/employers to develop and implement
a plan for City-supported accelerated fleet electrification. As part of the plan,
identify opportunities for accelerated fleet electrification and promote zero-
emission vehicle (ZEV) adoption within major private and employee fleets in
Cupertino.
TR-3.8 Support zero-emission vehide (ZEV) car share companies in coming to Cupertino;
collaborate with neighboring jurisdictions and the County to do the same to
create a larger conneded network of ZEV car share.
2030: Supportive
2040: Supportive
TR-3.9 Establish affordable, zero-emission vehicle (ZEV) car share to serve affordable
housing and/or multifamily developments with a priority to target renters,
residents in multi-unit housing, low-income and fixed income people,
communities of color, elders, and disabled individuals with access needs.
TR-3.10 Review zero-emission vehicle (ZEV) adoption rates based on demographics of
Cupertino to identify ways to improve ZEV adoption among renters, low-income
and fixed income people, communities of color, elders, and disabled individuals
with access needs. Based on the results, conduct targeted outreach to groups to
identify barriers and concerns of potential ZEV drivers. Work with community-
based organizations to target outreach and program planning to reduce barriers
for ZEV adoption among groups with low participation rates.
13 For the purposes of this document and the Cupertino CAP Update, ZEV adoption refers to percent of vehicles registered in Cupertino
that are ZEV.
Finol Initial Study-Negative Decloration 21
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Action
Measures and Respective Supporting Actions
Anticipated per
Capita GHG
Emissions Reduction
(MT of co2e)x
TR-3.11 Coordinate with community-based organizations, agencies, and non-profits to
conduct zero-emission vehicle (ZEV) education events for renters, low-income and
fixed income people, communities of color, elders, and disabled individuals with
accessneedshawouldaincludeatnformaiatononcosis/benefiisofownatngZEVsi
StepS On hOWtO reCeiVe inCentiVeSfOrZEVSl and Other benefits.
TR-3.12 Work with SVCE and PG&E to incentivize electric vehicle chargerinstallations
through on-bill financing.
TR-3.13 Identify and implement incentives for commercial fleet electrification. This could
include local tax breaks.
Measure TR-4: Refocus jransporj.ation infrastructure away frpm singleyoccul'ancygasoline and0 diqsel pissenger
vehicles to support the bicyclei/p'e:estrian, public transit-, an4 ZEV goals of Measures TR:1, TR-2,'ind TR-3
TR-4.1 Conduct public outreach and analysis of the potential community impacts and
benefits ofimplementing disincentive-based policies for driving gasoline and
diesel single passenger vehides. Explore options such as limiting parking options,
increased IOCal taXeS (income taX, gasoline taX, Or Car registration taX), and
transportation network company (TNC) usertaxes.
2030: Supportive
2040: Supportive
TR-4.2 In addition to general public outreach, conduct targeted outreach to students,
low-income and fixed income people, historically underserved communities,
elders, and disabled individuals with access needs during analysis of the
disincentive-based transportation policies to understand the community's
potential concerns.
TR-4.3 Define equity metrics for implementation of disincentives based on feedback from
students, low-income and fixed income people, communities of color, elders, and
disabled individuals with access needs and structure the disincentive programs to
meet these metrics.
TR-4.4 Develop a plan and timeline for allowing developers to build housing without off-
street parking if it is dose to frequent transit service, to beimplemented at a time
when frequent transit options are more available in Cupertino.
TR-4.5 As part of future updates to the General Plan, conduct a traffic pattern study to
identify commercial areas of the city to severelylimit or eliminate parking for
single-passenger gasoline and diesel vehicles.
TR-4.6 Condud a study of citywide parking minimums and based on available
transportation options, travel demand, and land use, consider parking maximums
and potentially charging for public parking spaces.
TR-4.7 Identify options for funding active and pub!ic transit programs through a local tax
starting in 2023 (e.g., income taX, IOCal gasoline taX, Or gasoline/car registration
tax). Ensure any tax or fee is designed to have low to no impact on low-income
residents (e.g., includes a rebate for CARE/FERA customers, or has progressive fee
levels based on income bracket/value of the car).
(l
22
Initial Study
Action
Measures and Respective Supporting Actions
Anticipated per '),%
Capita GHG
Emissions Reduction
(MT of co2e)i
TR-4.8 Implement a user tax on Transportation Network Companies (TNC), taxi
companies, and other private transportation services, which would put a small fee
on the use of these services to generate funds to pay for transit and mobility
infrastrudure. Exceptions to a user tax may be made for private transportation
services that demonstrably reduce VMT.
TR-4.9 TracktheresultsoftheCAP'sdrivingdisincentiveprograms-parkinglimitations,
increased local taxes (income tax, gasoline tax, or car registration tax), and TNC
user taxes - and share these results with neighboring jurisdictions and the County
to collaborate on extending these programs within the County.
: Measure TR-5: Electrify or otherwise decarbonize 34% of off-road equipment.by 2030 and'j5% 'by;!.q40 ---- - -- '
l . j
TR-5.1 Investigatecommercialoff-roadequipmentfleetsinCupertinoandidentifyfleets 2030:Supportive
W!ih HtgFleSi decarbontzaiton potential. 2040-. Supportive
TR-5.2 Partner with BAAQMD to expand rebate and incentive programs for upgrading
off-road equipment and switching to biofuels or electric equipment.
TR-5.3 Partner with SVCE and the County of Santa Clara to incentivize eledrification of
landscaping equipment and other off-road equipment types such as construction
machinery.
TR-5.4 By 2025, develop an ordinance to ban local operation of gasoline and diesel-
powered off-road equipment by 2030 to improve public health, reduce noise, and
reduce local GHG emissions. This ordinance can build upon the noise ordinance
which regulates landscaping equipment. Indude allowance for biofuels (i.e.,
renewable diesel) for equipment for which zero emission alternatives are not
available in the ordinance.
2030: o.ogs
2040: 0.102
W-la.l Partner with local community organizations and businesses to implement all
required activities under SB 1383.
2030: 0.202
2040: 0.200
W-la.2 Route colleded landfilled waste through a materials recoveryfacility (MRF) to
increase diversion before final disposal. Continue financial support forlow-income
residents to offset increase trash rates.
2030: Supportive
2040: Supportive
W-la.3 Work with contracted hauler to develop and implement a comprehensive
monitoring and quality control program with a focus on consumer behavior
change.
W-la.4 Encourage businesses to educate their employees about organic waste diversion
and proper sorting annually by providing training resources and rebate program
to fund employee time for training.
W-la.5 Establish relationships with multi-family (MF) property owners/managers to
develop signage for their properties to encourage food waste diversity. Go door-
to-door at each MF unit yearly to provide supplies and education for proper
sorting.
Final Initial Study-Negative Declaration 23
City of Cuper+ino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Action
Measures and Respective Supporting Actions
Anticipated per a
Capita GHG
Emissions Reduction
(MT of CO2e}'
W-la.6 Conduct targeted, multi-lingual, culturally appropriate, and geographically diverse
waste diversion educational and technical assistance campaigns based on
outcomes of the waste characterization study and comprehensive monitoring and
quality control program. Topics could include proper sorting, reduce smell/mess,
where does the material go after it leaves the curb, methane from food waste in
landfill.
W-la.7 Partner with schools, retirement communities, and other large institutions to
create waste diversion and prevention programs/procedures/plans.
W-la.8 Work with hauler to determine data necessary to meet zero waste goals and
establish protocol for regular collection and reporting of associated metrics.
W-la.9 Implement enforcement and fee for incorrectly sorted materials with sensitivity to
shared collection.
W-la.lO Conductconstrudionanddemolition(C&D)feasibilitystudytodetermineifthe
City can expand C&D waste diversion requirements and if feasible create a
deconstrudion ordinance to require reuse of materials.
W-la.ll Conductwastecharacterizationstudiesevery4-5yearstoinformprogramsand
policies. Leverage waste characterization data to understand the waste stream
and create a plan to increase diversion and reduce contamination.
W-la.l2 Understandalternativestothreewastestreamsdisposalandfillinwaste
generation gaps by collecting data from take-back locations (grocery stores, auto
shops, carpets, mattresses, battery collection, etc).
W-la.l3 lncreaseaccesstorecydingfacilitiessuchasCaliforniaRefundValue(CRV)
redemption and extended producer responsibility (EPR) take-back programs.
W-la.l4 Monitorandreportrecydingactivity,includingthenumberofmaterialsrecyded,
programmatic achievements, and the strength of commodity markets. Produce
reports to the City Council as needed to inform future zero waste planning.
W-la.l5 Addextrabulky-itempickupserviceforlow-andmedium-incomeresidentsata
subsidized cost to help minimize illegal dumping and increase access to bu(ky item
disposal.
W-la.l6 Conductastudyabouttextilesrecydingopportunitiesthatcanberolledout
across Cupertino.
W-2.1 Conduct a consumption-based GHG emissions inventory to understand the
community's worst consumption habits and emission reduction potential and
provide educational materials on a closed-loop circular economy.
2030: Supportive
2040: Supportive
W-2.2 Based on results of the consumption-based emissions inventory, create a plan to
achieve the objective of zero grovAh of waste generation. Consider reusable
diaper service, plant-based diets, etc.
W-2.3 Consider creation of upcycle/resell shop to increase access to items for reuse and
create jobs.
24
Initial Study
Action
Measures and Respective Supporting Actions
Anticipated per
Capita GHG
Emissions Reduction
(MT Of CO,e)l
W-2.4 Conduct targeted, multi-lingual, culturally appropriate, and geographically diverse
waste prevention educational and technical assistance campaigns based on a
Waste charaderization Study. Outreach tOpiCS Can include fOOd Waste prevention,
edible food recovery strategies, proper storage, how to fix dothes/eledronics,
how to donate, reusable alternatives, effects of overconsumption, sustainable
consumption habits, buying second hand, buying durable, sharing, repurposing.
W-2.5 Create a training/education program that is free and accessible to all residents
and employees to learn about waste prevention and diversion strategies and
effects of overconsumption.
W-2.6 Expand edible food recovery program to all restaurants and food generating
businesses and create incentives for small businesses who otherwise could not
participate.
W-2.7 Fund edible food recovery organizations so they can expand and manage
increased volume. Leverage CalRecycle support for projects that prevent food
waste or rescue edible food.
W-2.8
W-2.9
Work with the business community to design and promote extended producer
responsibility such as take-back programs.
Consider a fee at point of use for single-use food ware by food service providers.
Fee would be waived forindividuals who are dependent on these products for
health reasons.
W-2.10 Partner with local organizations, schools, and libraries to establish pop-up repair
cafes for commonly broken and easily repaired items.
W-2.11 Increase bans on "problem materials." Ban items without means of recycling or
recycling markets, such as sale of polystyrene, produce bags, plastic packaging,
straws, plastics #4-7, mixed materials.
W-2.12 Create a requirement for large events to use an event waste management service.
This could be included as a condition before the City issues a special event permit.
W-2.13 Work with the business community to design and promote extended producer
responsibility such as take-back programs.
Final Initial Study-Negative Declaration 25
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Measurs'W4f'ffi;ea'uie,P'e;CaPita W-ater con>u(pptipn 15% coiyipa(ea to 2Q;19'le%TeiS 5q 2030 a(id 'rfiffii-n7taip jh?pug
2040
WW-1.1 Adopt an ordinance forinstallation of dual-plumbing water systems that utilize
greywaterfor irrigation at neW residential construction, including ADUS, and in
major retrofits. In doing so the City will:
a Engage with builders and developers to pmv:de information on the new
requirements for residential new construction
Develop and adopt an ordinance based on the available model ordinances
2030: Supportive
2040: Supportive
WW-1.2 Work with Santa Clara Valley Water to develop an enhanced public engagement
campaign that promotes water efficiency rebates from Santa Clara Valley Water
(Greywater, Laundry to Landscape program), including educating residents on the
benefits of dual-plumbing greywater systems, low-flow fixtures, and their
connection to climate resilience and GHG emissions reductions. Ensure that all
outreach and education is in multiple languages.
WW-1.3 Perform targeted outreach to households with low-income and fixed income
people, communities of color, elders, and disabled individuals with access needs
to provide free water conservation devices through the Santa Clara Valley Water.
Ensure that all outreach and education is in multiple languages.
WW-1.4 Work with schools to educate youth about water conservation.
WW-1.5 Continuetoproviderebatesorotherfundingtolow-andmedium-incomehomes
for installing laundry to landscape, rainwater catchment system, and low-flow
appliances
WW-1,6 WorkwithSantaCIaraValleyWaterandCupertino'sthreewaterretailersto
provide Wi-Fi connected meters that citizens can check on phones and computers.
WW-1.7 PartnerwithSantaCIaraValleyWatertosupportabrackishwater/desalinization
program, as feasible.
WW-1.8 ExpandtheClimateVictoryGardenspilottoanongoingprogramandworkwith
Santa Clara Valley Water to expand to a regional service.
F
WW-2.1 Establish a program or function for supporting SJ-SC RWF in obtaining grant
funding for methane capture or other GHG reduction infrastructure. Explore
opportunities related to methane capture and conversion to biofuel through the
state's Low Carbon Fuel Standard (LCFS) program.
2030: Supportive
2040: Supportive
WW-2.2 Collaborate With the CitieS Of San JOSe, Santa Clara, Campbell, Los Gatos, Monte
Sereno, and Saratoga, and the County to advocate and support GHG reductions at
the SJ-SC RWF. Explore opportunities to scale beyond regional coordination.
26
Initial Study
= Measure CS-l:,Increase carbpn si@uestrati6n through tree ptijting by deQel'oping and imp'iememii';g EIQ Uit;ari F6rest
Management Plan
CS-1.1 Identify and partner with local community-based organizations with connections
to low-income and fixed income people, historically underserved communities,
elders, and disabled individuals with access needs to assist in development of an
Urban Forest Management Plan (UFMP) to ensure equity is prioritized as part of
the plan.
2030: Supportive
2040: Supportive
CS-1.2 Conduct an urban heat island study to assist in identifying priority areas in
Cupertino for planting new trees.
2030:0.006
2040: 0.006
CS-1.3 Develop an Urban Forest Management Plan (UFMP) based on the City's tree
canopy assessment that identifies the framework and strategyfor expanding the
tree canopyin Cupertino. As part of the UFMP development effort, identify a tree
canopy expansion goal. Ensure the sustainability of the urban forest (induding all
existing and new trees) by includingin the UFMP plans for continued tree
maintenance and protection, attention to safety, resident engagement, and the
planting of native and climate-appropriate trees.
2030: Supportive
2040: Supportive
CS-1.4 Review the Tree Protection Ordinance and ensure that trees are protected with
the Housing Element Update. Ensure any trees that may be removed to
accommodate new housing are replaced with at least a 2:1 ratio.
CS-1.5 Establish a program for obtaining grant funding for development of UFMP and
tree planting.
Measure CS-2: Lever@ge the carbon sequestration potential of open space and carbon removal
CS-2.1 Study opportunities to create neW natural AREAS in existing open spaces,
parklands, and fields with native species, biodiverse ecology, higher carbon
sequestration potential and ecologically responsible recreation
opportunities for the community.
2030: Supportive
2040: Supportive
CS-2.2 Expand community gardens program beyond McClellan Ranch Preserve. Continue
to prioritize locating neW gardens in high-density housing areas. Program goals
include promoting healthy living through access to healthy food, creating a secure
place where residents can strengthen community bonds, and providing education
on safe organic gardening practices.
CS-2.3 Study options to invest in carbon drawdown removal in a way that is appropriate
for Cupertino. The study should include a review of the Oxford Carbon Drawdown
Principles and identify if there exist anyinvestments within or outside of
Cupenino that make sense to contribute to for carbon drawdown.
CS-2.4 Develop an embodied carbon emissions policy and ordinance that encourages or
requires carbon to be sequestered in building materials such as mass timber
framing or low-carbon concrete.
Final Initiol Study-Negative Declaration 27
City of Cuper+ino
Climate Action Plon Update & CEQA GHG Emissions Thresholds
l:' av0id at le4t 0,QlQ3VQa C9zjper.pe'.rs5in by thrg'ugh 2045 i
W-lb.l Develop partnerships with local community organizations and businesses to
implement all required recycled organics products procurement adivities under
SB 1383.
2030: 0.018
2040: 0.018
28
Initial Study
Measure AR-1: Increase usage of natural infrastructure solutions such as bioswales, rainwater storage systems,.and
permeable pavements to enhance infrastructure resiliency.
AR-1.1 Prioritize opportunities to focus green stormwaterinfrastructure improvements in
vulnerable communities induding areas with a large proportion of renters, low-
income areas, and in communities of color.
2030: Supportive
2040: Supportive
AR-1.2 Develop one or more demonstration projects which can be used to educate the
community about these techniques.
2030: Supportive
2040: Supportive
l'!cli"maastue-rer:Ia"t-ezd: Bcoolmstmeruenmiceartgioennscy preparedness and resp.onse 6y injegreitiri'g elimate *dapta;ion and irripr6ving
AR-2.1 By 2023, create Key PerFormance Indicators (KPI) to track pollutants from the Air
Quality Monitoring Program and incorporate regular reporting of air quality KPIs
into CAP reports and live interactive public dashboards.
2030: Supportive
2040: Supportive
AR-2.2 Provide wildfire smoke guidance and protocols for municipal employees to ensure
their safety when air quality is poor.
2030: Supportive
2040: Supportive
AR-2.3 Integrate the vulnerability assessment results into emergency preparedness,
management, response, and early warning systems.
2030: Supportive
2040: Supportive
AR-2.4 Partner with the County of Santa Clara Vector Control District and Public Health
Department to develop and enhance disaster and emergency early warning
systems that incorporate objective data and information for potential health
threats such as heat-illness, illnesses complicated by adverse air quality, and
inundation and precipitation events.
2030: Supportive
2040: Supportive
AR-2.5 Develop new educational materials that cover each climate hazard identified in
the vulnerability assessment. Provide these materials in at least three different
languages and several formats for the widest audience.
2030: Supportive
2040: Supportive
Measure AR-3: Strengthen Community Capacity and Resilience thr6ugh Education, Resources, and Policies
AR-3.1 Educate communities about the health risks of climate hazards and engage them
in strengthening community resilience such as block-level climate resilience
training and resilience hubs.
2030: Supportive
2040: Supportive
AR-3.2 Enroll400 households by the end of Phase 2 to participate in a dimate resiliency
block training program. The curriculum will include household preparedness
planning as well as basic education on climate hazard awareness.
2030: Supportive
2040: Supportive
AR-3.3 Bring policies for the City Council to consider that would achieve Gold ratings in all
categories set forth by the County of Santa Clara Healthy Cities Index.
2030: Supportive
2040: Supportive
Final Initial Study-Negative Declaration 29
City of Cuper+ino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
AR-4.1 Update the Adaptation Strategy and Action Plan in Coordination with the County
of Santa Clara.
2030: Supportive
2040: Supportive
NOte: MT Of COze = metric TANS Of carbon diOXide eq uivalent
Source: Compiled by Rincon based oninformation contained in the Cupertino Drafk CAP Update.
Figure 3, Figure 4 and Table 3 summarize the communitywide GHG emissions forecast under three
scenarios: 1) business-as-usual, 2) implementation of State laws and programs, and 3)
implementation of State laws and programs as well as the CAP Update. As shown therein, under the
business-as-usual scenario, communitywide GHG emissions are forecasted to increase by
approximately 5 percent per capita (or 9 percent in terms of absolute total emissions) between
2018 and 2030 based on anticipated economic and population growth. With implementation of
State laws and programs, Cupertino communitywide GHG emissions would decline by
approximately 8 percent per capita (or 5 percent in terms of absolute total emissions) between
2018 and 2030. And with full implementation of the Cupertino CAP Update alongside State laws and
programs, Cupertino communitywide GHG emissions would decline by approximately 38 percent
per capita (or 36 percent in terms of absolute total emissions) between 2018 and 2030.
Figure 3 Cupertino Forecast Scenarios through 2040 - Per Capita GHG Emissions
1I_H-.._
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2015 2020 2025
a aa o * a 2018 Inventory
m m Business-as-usual Forecast
Climate Action Target Pathway
2030 2035 2040 2045 2050
- GHG Emissions after Measure Reductions
30
Initial Study
Figure 4 Cupertino Forecast Scenarios through 2040 - Absolute Total GHG Emissions
450,000
400 000
350,000
0 150,000
I
100.000
50,000
20352015 2020 2025 2030
a * I" !le 2018 Inventory --------- 1990 Back-cast
= - Business-as-usual Forecast - ---Adjusted Forecast
- - Cliinate Action Target Patl'iway - - -GHG Emissions after Measure Reductions
2040 2045
Table 3 Cupertino GHG Emissions Forecasts Through 2040
Transportation 3.49 220,625 3.66 240,232 3.70 252,825
Non-residential
Energy
0.72 45,733 0.83 54,538 0.80 54,753
Residential Energy
Wastewater
Solid Waste
0.72
0.31
0.25
45,296
19,635
15,709
0.70
0.33
0.26
45,869
21,417
17,136
56,462
21,989
17,593
Total 5.49 346,998 5.77 379,192 5.91 403,622
I GHG,Er4isSions After Implementation of State Laws/Progr.amsl-
Transportation 3.49 220,625 2.96 194,328 2.60 177,328
Non-residential
Energy
0.72 45,733 0.80 52,609 0.74 50,858
Residential Energy
Wastewater
Solid Waste
0.72
0.31
0.25
45,296
19,635
15,709
0.70
0.33
0.26
45,757
21,417
17,136
55,975
21,989
17,593
Final Initial Study-Negative Declaration 31
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Total 5.49 346,998 5.04 331,247 4.74 323,743
GHG Emissions After Implerffentation of Statue; Laws/Prograriii,and qupejtino O!P Upda.te
Transportation2 3.49 220,625 2.09 137,052 0.21 14,127
Non-residential
Energy
0.72 45,733 0.40 26,127 0.09 6,331
Residential Energy 0.72 45,296 0.54 35,524 0.31 21,466
Wastewater 0.31 19,635 0.33 21,417 0.32 21,989
Solid Waste 0.25 15,709 0.08 5,349 0.08 5,336
Carbon
Sequestration
5.49 346,998 (0.01)(425)(0.01)(425)
Total 3.49 220,625 3.43 225,044 1.01 68,825
MT = metric TANS; COze o carbon diOXide eq uivalents,' ( ) denotes a negative number
State laws and programs include State vehicle fuel efficiency standards, the Renewable Portfolio Standard, and triennial updates of
Title 24.
Source: Cupertino, City of. 2022. Cupertino Througli 2040 GHG Forecasts.
Table 4 shows the 2030 GHG emissions and targets for Cupertino, including the expected emissions
once the measures listed in Table 2 are implemented.
Table 4 Cuper+ino GHG Emissions Projections and Targets
neicrriri+inn
EmlSSi0n5
(MT of
r rLei/norcnn1
Emissions
(MT of
rn.o +ri+*l1
1990 Emissions 6.37 402,639
2030 BAU Emissions 5.77 379,192
2030 Adjusted Emissions with State Laws/Programs Implemented 5.04 331,247
State 2030 Target Emissions (40% below 1990)3.68 241,583
Cupertino 2030 Target Emissions 3.39 222,867
2030 Expected Emissions with Implementation of CAP Update 3.39 222,436
MT of CChe = metric tons of carbon dioxide equivalent
Implementation of the CAP Update measures identified in Table 2 could result in physical changes to
the environment that could potentially have an impact on the environment. While individual
projects resulting from these measures have not been identified for the purposes of this document,
the types of actions that could result from realization of the CAP measures are taken into account in
considering potential environmental impacts that could occur through implementation of the CAP
Update. For example, the use of carbon-free electricity may require the installation of new
infrastructure to accommodate use and transmission of alternative and renewable fuels. Similarly,
the use of electric vehicles would require the installation of eledric vehicle charging stations and
supporting infrastrudure. Additionally, CAP Update implementation may require the installation of
new bicycle or pedestrian facilities. These types of activities would introduce physical changes, such
as the temporary presence and operation of construction vehicles and equipment during installation
32
Initial Study
of required facilities, and the long-term presence of new facilities such as bike and pedestrian
facilities, solar arrays, and electric vehicle charging stations, which could alter pedestrian and
vehicular traffic patterns. Future plans or projects requiring discretionary approval would be subject
to environmental review under CEQA, and individual impact analyses will identify required plan- or
project-specific mitigation measures where applicable.
CEQA GHG Emissions Thresholds
In 2007, SB 97 acknowledged that climate change is an environmental issue that requires analysis in
California Environmental Quality Act (CEQA) documents, and in 2010 the California Natural
Resources Agency adopted amendments to the State CEQA Guidelines for the feasible mitigation of
GHG emissions or the effeds of GHG emissions. The adopted guidelines gave lead agencies the
discretion to set quantitative or qualitative thresholds for the assessment and mitigation of GHGs
and climate change impacts. Specifically, Section 15183.5(b)(1)A-G of Title 14 of the California Code
of Regulations was amended to state that a qualified GHG Redudion Plan, or a Climate Action Plan,
may be used for tiering and streamlining the analysis of GHG emissions in subsequent CEQA project
evaluation, provided that the GHG Reduction Plan or CAP does the following:
Quantifies GHG emissions both existing and projected over a specific period of time,
resulting from activities within a defined geographical area
Establishes a level, based on substantial evidence, below which the contribution to
greenhouse gas emissions from activities covered bythe plan would not be cumulatively
considerable
Identifies and analyzes the GHG emissions resulting from specific actions or categories of
actions anticipated within the geographic area
Specifies measures or a group of measures, including peformance standards, that
substantial evidence demonstrates, if implemented on a project-by-project basis, would
collectively achieve the specified emissions level
Establishes 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.
Therefore, the City of Cupertino proposes to also adopt quantitative efficiency thresholds for use in
evaluating whether a plan or project's GHG emissions would result in a potentially significant
environmental impact under CEQA for plans or projects with pre-2030 buildout or initial operation
years. The CEQA GHG emissions thresholds would be applied to plans or projects that cannot tier
from the environmental analysis for the City's CAP (as contained in this IS-ND) due to one of the
following circumstances, which are illustrated in Figure 5:
The plan or project would not be consistent with the Cupertino General Plan land use and
zoning designations for the project site and would result in greater GHG emissions than
existing on-site development; or
The plan or project would not be consistent with the CEQA GHG Emissions Analysis
Compliance Checklist.
Final Initial Study-Negotive Declaration 33
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Figure 5 Determining CEQA GHG Emissions Analysis Methodology
YES
YES
These thresholds are set at the level of GHG emissions that new development would need to
achieve to be consistent with the CAP Update's communitywide emissions reduction target of 3.39
MT COle per person by 2030. The efficiency thresholds, listed below, are expressed in terms of
MTCO,e per service personl4 and are applicable to plans or projects with pre-2030 buildout or initial
operational years:
0.97 per resident
2.16 per employee
s 1.82 per service personl5
Efficiency thresholds for beyond 2030 would be established later in conjunction with subsequent
CAP Updates.
14 The service population is equal to the residential population plus half the number of jobs.
15 Cupertino, City of. 2022. Cupertino CEQA GHG Thresholds and Guidance.
34
Initial Study
Plans or projects that do not tier from the Cupertino CAP Update IS-ND that would generate GHG
emissions in excess of these thresholds would result in a potentially significant impact on the
environment related to GHG emissions and climate change. Mitigation measures would be required
to reduce potentially significant impacts resulting from such plans or projects. Plans or projects that
are unable to reduce GHG emissions below these thresholds through implementation of identified
mitigation measures would result in a significant and unavoidable environmental impact. The GHG
Emissions Thresholds provide guidance during CEQA review and do not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
have direct construction or operational impacts.
Cumulative Projects Scenario
For purposes of CEQA cumulative impacts analysis ofthe Cupertino CAP Update, the cumulative
projects scenario is buildout of the Cupertino General Plan along with the in-progress Housing
Element Update. The in-progress Housing Element Update buildout assumes an additional 6,000
housing units by the CAP Update horizon year of 2030. Buildout of the General Plan and in-progress
Housing Element Update in Cupertino would result in an anticipated total population of 65,690 by
2030.16
Required Approvals
City of Cupertino
Required approvals include:
adoption of the CAP Update/GHG Emissions Thresholds Initial Study-Negative Declaration;
approval of the CAP Update; and
adoption of a CEQA GHG Emissions Thresholds resolution.
Although individual plans or projects may be implemented later under the umbrella of the CAP
Update, each individual plan or project would be subject to separate environmental review under
CEQA.
Other Public Agencies
The City of Cupertino has sole approval authority over the CAP Update. There are no other public
agencies whose approval is required.
16 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 35
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Environmental Factors Potentially Affected
This project would potentially affed the environmental factors checked below, involving at least
one impact that is "Potentially Significant" or "Less than Significant with Mitigation Incorporated" as
indicated by the checklist on the following pages.
Aesthetics € Agriculture and
Forestry Resources
€ Air Quality
[J Biological Resources [] Cultural Resources € Energy
€ Geology/Soils [1] Greenhouse Gas
Emissions
[J Hazards & Hazardous
Materials
[a Hydrology/Water Quality € Land Use/Planning [] Mineral Resources
Noise € Population/Housing € Public Services
Recreation € Transportation € Tribal Cultural Resources
[] Utilities/Service Systems € Wildfire € Mandatory Findings
of Significance
Determination
Based on this initial evaluation:
N Ifind that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared.
[] I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effectin this case because revisions to the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
€ IfindthattheproposedprojectMAYhaveasignificanteffectontheenvironment,andan
ENVIRONMENTALIMPACT REPORT is required.
[I IfindthattheproposedprojectMAYhavea"potentiallysignificantimpact"or"Iessthan
significant with mitigation incorporated" impact on the environment, but at least one
effect (1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and (2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
ta
Determination
€ I find that although the proposed project could have a significant effect on the
environment, because all potential significant effects (a) have been analyzed adequately
in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b)
have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project,
nothing further is required.
16 August, 2022
Lead Agency Representative Signature
Date
Andre Duurvoort Sustainability Division Manager
Lead Agency Representative Printed Name Title
Final Initial Study-Negative Declaration 37
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Environmental Checklist
Potentially
Signjficapt
'l'mpact
Less than
jigni4cant
with 'Lffiss thtin
S,ig6!ri-eant
Impact
No
Impact
Would the project:
a. Have a substantial adverse effect on a scenic
vista?a
b. Substantially damage scenic resources,
including but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?a
c. In non-urbanized areas, substantially degrade
the existing visual character or quality of
public views of the site and its surroundings?
(Public views are those that are experienced
from a publicly accessible vantage point). If
the project is in an urbanized area, would the
project conflict with applicable zoning and
other regulations governing scenic quality?a
d. Create a new source of substantial light or
glare that would adversely affect daytime or
nighttime views in the area?a
a. Wouldtheprojecthaveasubstantialadverseeffectonascenicvista?
c. In non-urbanized areas, would the projectsubstantially degrade the existing visual character or
quality of public views of the site and its surroundings? (Public views are those that are
experienced from a publicly accessible vantage point). If the project is in an urbanized area,
would the project conflict with applicable zoning and other regulations governing scenic quality?
The Cupertino General Plan and General Plan Environmental Impact Report (EIR) identify the Santa
Cruz Mountains and Montebello Foothills as the major scenic resources in the vicinity of
Cupertino.l'l8 However, the General Plan EIR notes that scenic views of these resources are
generally limited to intermittent glimpses from major roadways such as Stevens Creek Boulevard
and Homestead Road looking westward due to the built-out and flat nature of Cupertino. No streets
or other locations within Cupertino have been designated by the City as scenic corridors or scenic
' Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
18 Cupertino, City of. 2014. General Plan Land Use and Community Design Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
38
Environmental Checklis+
Aesthetics
vistas, although the General Plan does contain Policy LU-12.4, Hillside Views, that outlines the City's
goal of preserving hillside and mountain views.l'2o
As policy and guidance documents, the CAP Update and GHG Emissions Thresholds do not propose
specific development or changes to land use and zoning that would result in impacts to scenic vistas
and visual character or conflict with City policies regulating scenic resources. However,
implementation of some CAP Update measures and actions may promote infrastructure
development and other physical changes through policies and programs. CAP Update Actions BE-
2.7, BE-3.7, and BE-3.8 promote installation of small-scale solar photovoltaic (PV) systems and
battery energy storage systems to increase renewable energy generation and storage in Cupertino.
CAP Measure TR-1 encourages the installation of EV charging stations in order to support ZEV
adoption. Additionally, CAP Update Measure CS-1 facilitates the expansion of the urban forest and
Action CS-2.1 seeks to increase natura! areas within Cupertino to support carbon sequestration,
which could have a positive effect on scenic resources by adding new tree cover and green spaces.
While the CAP Update measures and actions may result in future projects that slightly alter the
visual character of Cupertino, CAP Update-related projects would generally be limited to the existing
developed areas of Cupertino and would be small-scale in nature. In addition, CAP Update-related
projects and actions, including those identified above, would be required to adhere to City
development zoning and regulations that protect aesthetic resources, including Cupertino Municipal
Code (CMC) Chapter 19.168, Architectural and Site Review, which estab!ishes the City's Design
Review process.2l Compliance with the CMC would ensure that potential future infrastructure
development and redevelopment related to the CAP Update would be carefu!ly integrated with the
existing character of the Cupertino community, minimizing potential aesthetic impacts. In addition,
CAP Update projects and actions would be reviewed for consistency with the Cupertino General
Plan policies related to scenic resources prior to approval. Thus, the CAP Update and GHG Emissions
Thresholds would result in a less than significant impact related to scenic vistas and visual character
or scenic quality.
b. Wouldtheprojectsubstantiallydamagescenicresources,includingbutnotlimitedto,trees,rock
outcroppings, and historic buildings within a state scenic highway?
There are no officially designated state scenic highways within Cupertino. In addition, the City has
not designated any local roadways as scenic corridors.22 The nearest designated state scenic
highway is a portion of State Route 9 running approximately from Saratoga Avenue to Rose Avenue
located two miles to the southeast of Cupertino city limits at its closest point. In addition, 1-280 from
the Santa Clara County line to Interstate 880 (1-880) is eligible forlisting as a state scenic highway
but has not been officially designated.23
Due to the distance between Cupertino and the nearest designated State scenic highway, as well as
the developed nature of Cupertino and the surrounding communities, views of Cupertino from 1-280
19 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
2o Cupertino, City of. 2014. General Plan Land Use and Community Design Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
21 Cupertino, City of. 2022. Cupertlno Municipal Code Chapter 19.168. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
22 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
23 California Department of Transportation (Caltrans). 2022. California State Scenic Highway System Map. Available:
<https://www.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116flaacaa>. Accessed February 16, 2022.
Final Initial Study-Negative Declaration 39
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
are not available. The portion of t-280 that is eiigible for designation as a State scenic highway
passes through the northernmost area of Cupertino and the northern portions of the City are visible
from this roadway. As policy and guidance documents, the CAP Update and GHG Emissions
Thresholds do not propose specific development or changes to land use and zoning that would
resultin impacts to scenic resources within a State scenic highway. However, implementation of
some CAP Update measures and actions may promote infrastructure developmentthat could alter
the visual quality of future project sites.
CAP Update Actions BE-2.7, BE-3.7, and BE-3.8 promote installation of small-scale solar photovoltaic
(PV) systems and battery energy storage systems to increase renewable energy generation and
storage in Cupertino. CAP Measure TR-1 encourages the installation of EV charging stations in order
to support ZEV adoption. Additionally, CAP Update Measure CS-1 facilitates the expansion of the
urban forest and Action CS-2.1 seeks to increase natural areas within Cupertino to support carbon
sequestration. Depending on the location of future CAP Update-related projects, such infrastructure
may be visible from 1-280. However, discretionary development would be required to adhere to City
development regulations, such as CMC Chapter 19.168, Architectural and Site Review, in order to
retain characterof Cupertino and minimize environmental impacts."41n addition, discretionary
development would be reviewed for consistency with the General Plan prior to approval. Thus, the
CAP Update and GHG Emissions Thresholds would result in a less-than-significantimpact related to
State scenic highways.
d. Would the project create a new source of substantial light or glare that would adversely affect
daytime or nighttime views in the area?
Cupertino is an urbanized community and contains many existing sources of light and glare including
street and vehicle lighting, security lighting, interior and exterior building lighting, and reflective
building materials. The CAP Update would not involve land use or zoning changes that could result
in intensified development and associated sources oflight and glare. Ratherthe CAP Update would
promote sustainable infrastructure development and redevelopment that is complimentary to
existing land uses in C(ipertino. Likewise, the GHG Emissions Thresholds provide guidance during
CEQA review and do not propose development or changes to land use and zoning. Thus, as policy
documents, the CAP Update and GHG Emissions Thresholds would not directly result in impacts
related to light and glare. However, implementation of CAP Update Actions BE-2.7, BE-3.7, and BE-
3.8 promote installation of small-scale solar PV systems and battery energy storage systems to
increase renewable energy generation and storage in Cupertino. Solar panels have the potential to
resultin new sources of glare within Cupertino if not thoughtfully designed and located. The design
and location of future solar infrastructure would be complimentary to existing development in
Cupertino, such as the addition of small-scale rooftop solar panels, which would reduce potential
glare impacts. Furthermore, CAP Update projects and actions would be reviewed for consistency
with the CCR Title 24 lighting standards (CCR Title 24 Part 6), CMC Chapter 19.168, Architectural and
Site Review, and CMC Chapter 19.102, Glass and Lighting Standards, which provide requirements for
exterior lighting and building materials to limit glare and light trespass, including nighttime light
24 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 19.168. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>.Accessed February 16, 2022.
40
Environmental Checklist
Aesthetics
trespass.2'2'27 In addition, CAP Update projects or actions would be reviewed for consistency with
the Cupertino General Plan and other applicable regulatory land use actions prior to approval.
Compliance with these regulations would minimize environmental impacts related to light and glare
by limiting the use of highly reflective materials and requiring the shielding of exterior lighting.
Thus, the CAP Update and GHG Emissions Thresholds would result in a less-than-significant impact
related to light and glare.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cu pertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would resultin an anticipated total population of 65,690 by 2030.28. Cumulative impacts
related to scenic resources and visual character would generally be site-specific, and cumulative
projects are not anticipated to contribute to cumulative aesthetic impacts with adherence to
Cupertino General Plan policies and the CMC. Likewise, although increased development associated
with buildout ofthe General Plan would result in increased sources of light and glare within
Cupertino, the General Plan EIR determined that adherence to the CMC and General Plan policies
would ensure that cumulative development anticipated under buildout of the General Plan would
not result in significant light and glare impacts.29 Because of the developed nature of Cupertino,
future infrastructure projects under the CAP Update, in combination with other cumulative projects
anticipated under Cupertino General Plan buildout, would be small scale and would not adversely
impact the visual character of the Cupertino community. In addition, future developmentin
Cupertino would be required to comply with the City's Design Review process and be reviewed
against applicable Cupertino General Plan policies and City's design standards for design quality and
compatibility with adjacent land uses. Therefore, implementation of the CAP Update and GHG
Emissions Thresholds would result in a less-than-significant cumulative impact related to
aesthetics.
25 California Energy Commission (CEC). 2019. 2019 Building Energy Efficiency Standards for Residential and Nonresidential Buildings.
Available: <https://www.energy.ca.gov/sites/default/flles/2021-06/CEC-400-2018-020-CMF0.pdf>. Accessed February 17, 2022.
26 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 19.168. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
27 Ibid.
28 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
29 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
Final Initial Study-Negative Declaration 41
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
' P6tentiall9.'
Significant
Impact
iiss'ttiiiii..
Significarij
with.
Mitigation
Incorporated
Sign3fica5t,'
Impact
Would the project:
a. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?a
b. Conflict with existing zoning for agricultural
use or a Williamson Act contract?a
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g));
timberland (as defined by Public Resources
Code Section 4526); or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?a
d. Result in the loss of forest land or conversion
of forest land to non-forest use?a
e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland to non-agricultural use or
conversion of forest land to non-forest use?a
a. Would the project convert Prime Farmland, Unique Farmland, or Farmland ofStatewide
Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California ResourcesAgency, to non-agricultural use?
b. Would the project conflict with existing zoning for agricultural use or a Williamson Act contract?
e.l. Would the project involve other changes in the existing environment which, due to their location
or nature, could result in conversion of Farmland to non-agricultural use?
Cupertino is characterized primarily by urban and suburban development. Maps prepared pursuant
to the Farmland Mapping and Monitoring Program identify Cupertino as Urban and Built-up Land,
and no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is mapped within
42
' Environmental Checklis+
Agriculture and Forestry Resources
Cupertino.3o Likewise, there are no Williamson Act contracts within Cupertino.3l Cupertino contains
a few scattered areas with zoning designations of Agriculture Residential (A) primarily located near
the fringes of Cupertino city limits to the southwest, northwest, and northeast.32 The Cupertino
General Plan Land Use and Community Design Element includes Goal LU-12 to preserve and protect
the City's hillside and natural areas by maintaining the low-intensity residential, agricultural, and
open space uses in Cupertino.33
The CAP Update measures and actions focus on electrification of buildings, improving active
transportation, ZEV and public transit infrastructure, water conservation, reducing solid waste sent
to landfills, and increasing carbon sequestration through additional trees and greenspace. CAP
Update actions would not involve projects or policies that would result in increased development or
impacts related to conversion or loss offarmland. Additionally, the GHG Emissions Thresholds would
provide guidance during CEQA review and do not propose development or changes to land use and
zoning that could result in the loss of farmland or conflict with existing agricultural zoning.
Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact related to
degradation of agricultural resources or conversion of agricultural land to non-agriculture uses, nor
would there be a conflict with existing zoning or Cupertino General Plan land use designations.
c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined
in Public Resources Code Section 12220(g)); timberland (as defined by Public Resources Code
Section 4526); or timberland zoned Timberland Production (as defined by Government Code
Section 51104(g))?
d. Wouldtheprojectresultinthelossofforestlandorconversionofforestlandtonon-forestuse?
e.2. Would the project involve other changes in the existing environment which, due to their location
or nature, could result in conversion of forest land to non-forest use?
According to the General Plan EIR, Cupertino does not contain forest or timberland resources, and
no parcels are zoned for Timberland Production.3435 CMC Chapter 14.12, Protected Tree Ordinance,
establishes policies, regulations, and standards to ensure tree protection within the City.36 In
addition, the Cupertino General Plan contains a number of goals, policies, and strategies such as
Policy LU-6.7, Heritage Trees, Strategy LU-12.3.3, Trees, and Strategy ES-2.1.5, Urban Forest, that
illustrate the City's commitment to managing and preserving Cupertino's urban forest.
The CAP Update aligns with the Cupertino"s General Plan by including measures such as CAP Update
Measure CS-1, which seeks to facilitate the implementation of an urban forest master plan to
3o California Department of Conservation. 2022. California Important Farmland Finder Map. Available at:
<https://maps.conservation.ca.gov/dlrp/ciff/>. Accessed February 17, 2022.
31 Santa Clara County. 2022. Williamson Act Properties. Available at:
<https://sccplanning.maps.arcgis.com/apps/webappviewer/index.html?id=1f39e32b4c0644b0915354c3e59778ce>. Accessed February
17, 2022.
32 Cupertlno, City of. 2019. Zoning Map. Available at:
<https://www.cupertino.org/home/showpublisheddocument/13535/637279090319370000>. Accessed February 17, 2022.
33 Cupertino, City of. 2014. General Plan Land Use and Community Design Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbld=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
34 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
35 Cupertino, City of. 2019. Zonlng Map. Available at:
<https://www.cupertlno.org/home/showpublisheddocument/13535/637279090319370000>. Accessed February 17, 2022.
36 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
Final Initial Study-Negative Declaration 43
City of Cupertino
Clirnote Action Plan Update & CEQA GHG Emissions Thresholds
increase the number of trees throughout Cupertino. The CAP Update does not include actions that
would result in the loss of forest land or the conversion of forest land to non-forest use, nor would it
conflict with or cause the rezoning of forest, timber land, or Timberland Production areas. Likewise,
the GHG Emissions Thresholds would provide guidance during CEQA review and do not propose
development or changes to land use and zoning that could result in the loss of forestland or conflict
with existing zoning for forest uses. Therefore, the CAP Update and GHG Emissions Thresholds
would result in no impact related to degradation of forestry resources or conversion of forest land
to non-forest uses, nor would there be a conflict with existing zoning.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.37 As Cupertino's
population grows and development intensifies in the future with buildout of the General Plan, there
is the potential for loss of the limited areas of farmland within Cupertino. However, as discussed
above, the CAP Update and GHG Emissions Thresholds do not propose new development, including
new development on farmland, and do not include any measures or actions that would significantly
impact agricultural resources. Likewise, the CAP Update and GHG Emissions Thresholds would not
involve land use or zoning changes that could result in cumulative impacts related to conversion or
loss of farmland or forest land. Rather, CAP Update Measure CS-1 would ensure that the urban
forest is maintained and that additional trees are planted throughout Cupertino. Therefore,
implementation of the CAP Update and GHG Emissions Thresholds would result in no cumulative
impact related to agricultural and forestry resources.
' Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
44
Environmental Checklist
Agriculture and Forestry Resources
This page intentionally left blank.
Final Initial Study-Negative Declaration 45
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
t
r
4i
!J!lWi'*.'fflf@ff!A !iu n ii !rii'Ji !!m:!!nnmiiJll!Jaialm!
I
a
a
Lenss than
Sign!f!gant
Psoi;aeirititciaalnlyt,, Mit'rg'kahti6n '5jlegsnsifkic:at)nt', .-t3o, '
, almpact Incorporated Impaa ' 3mpact
Would the project:
a. Conflict with or obstruct implementation of
the applicable air quality plan?a
b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under an
applicable federal or state ambient air quality
standard?a
c. Expose sensitive receptors to substantial
pollutant concentrations?a
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?s
a. Wouldtheprojectconflictwithorobstructimplementationoftheapplicableairqualityplan?
The federal Clean Air Act (CAA) governs air quality in the United States and is administered by the
u.s. EPA at the federal level. Air quality in California is also governed by regulations under the
California CAA, which is administered by CARB at the State level. At the regional and local levels,
local air districts typically administer the federal and California CAA. As part ofimplementing the
federal and California CAA, the u.s. EPA and CARB have established ambient air quality standards
for major pollutants at thresholds intended to protect public health. Cupertino is located within the
San Francisco Bay Area Air Basin (the Air Basii'i), which includes the nine Bay Area counties of
Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, southwestern Solano,
and southern Sonoma. The Air Basin is under the jurisdiction of the Bay Area Air Quality
Management District (BAAQMD). As the local air quality management agency, BAAQMD is required
to monitor air pollutant levels to ensure that State and federal air quality standards are met and, if
they are not met, to develop strategies to meet the standards. Depending on whether or not the
standards are met or exceeded, the Air Basin is classified as being in "attainment" or
"nonattainment." Under State law, air districts are required to prepare a plan for air quality
improvement for pollutants for which the district is in non-attainment. BAAQMD is in non-
attainment for the State and federal ozone standards, the State and federal PM2,5 (particulate
matter up to 2.5 microns in size) standards, and the State PMI0 (particulate matter up to 10 microns
in size) standards and is required to prepare a plan for improvement.38 The sources, health effects,
and typical controls associated with criteria pollutants are described in Appendix A.
38 Bay Area Air Quality Management District (BAAQM D). 2017. Air Quality Standards and Attainment Status. Available:
<http://www.baaqmd.gov/research-and-data/air-quality-standards-and-attainment-status>. Accessed February 17, 2022.
(l
46
Environmental Checklis+
Air Quality
The Bay Area 2017 Clean Air Plan provides a plan to improve Bay Area air quality and protect public
health as well as the climate. The legal impetus for the Clean Air Plan is to update the most recent
ozone plan, the 2010 Clean Air Plan, to comply with State air quality planning requirements as
codified in the California Health and Safety Code. Although steady progress has been made toward
reducing ozone levels in the Bay Area, the region continues to be designated as non-attainment for
both the one-hour and eight-hour State ozone standards as noted previously. In addition, emissions
of ozone precursors in the Bay Area contribute to air quality problems in neighboring air basins.
Under these circumstances, State law requires the Clean Air Plan to include all feasible measures to
reduce emissions of ozone precursors and reduce transport of ozone precursors to neighboring air
basins.39
The Federal Clean Air Act Amendments (CAAA) mandate that states submit and implement a State
Implementation Plan (SIP) for areas not meeting air quality standards. The SIP includes pollution
control measures to demonstrate how the standards will be met through those measures. The SIP is
established by incorporating measures established during the preparation of Air Quality
Management Plans (AQMP) and adopted rules and regulations by each local Air Pollution Control
District (APCD) and AQMD, which are submitted for approval to CARB and the u.s. EPA.4o The goal
of an AQMP is to reduce pollutant concentrations below the NAAQS through the implementation of
air pollutant emissions controls.
The CAP Update would not involve land use or zoning changes or specific development. Rather the
CAP Update wou!d promote sustainable infrastructure development and redevelopment that is
complimentary to existing land uses in Cupertino. Likewise, the GHG Emissions Thresholds provide
guidance during CEQA review and do not propose development or changes to land use and zoning.
CAP Update measures and actions focus on increasing the use of renewable energy, building
electrification, improving active transportation, ZEV and public transit infrastructure, increasing
urban trees, and reducing waste production and water use. Implementation of CAP Update actions,
such as those aimed at reducing VMT, electrifying vehicles, and reducing natural gas use through
building electrification, would have co-benefits to air quality within the Air Basin, would help
BAAQMD meet applicable air quality plan goals, and would generally reduce sensitive receptor
exposure to pollutant concentrations. Although the purpose and intended effect ofthe CAP Update
is to reduce GHG emissions generated in Cupertino to help reduce the effects of climate change,
many of its actions would also reduce criteria pollutant (i.e., air quality) emissions. CAP Update
Measures BE-2 through BE-4 involve reducing the use of natural gas through building electrification
of new and existing buildings, thereby reducing criteria pollutants associated with building energy
use. In addition, CAP Update Measures TR-1 and TR-2 seekto improve active transportation and
public transit facilities and programs in order to reduce VMT and increase the use of sustainable
transportation options in Cupertino. CAP Update Measures TR-3 and TR-5 encourage the adoption
of ZEVs and low-emissions off-road vehicles and equipment by enhancing EV infrastructure and
providing incentives for community members and commercial fleets to purchase ZEVs and all-
electric equipment such as lawnmowers and lea.f blowers. Additionally, CAP Update Measure TR-4
includes actions to disincentivize the use of single-occupancy diesel and gasoline vehicles. These
energy- and transportation-related strategies would reduce air quality emissions as well as GHG
emissions. Therefore, the CAP Update and GHG Emissions Thresholds are consistent with the 2017
39BAAQMD. 2017. Final Clean Air Plan: Spare the Air Cool the Climate: A Blueprint for Clean Air and Climate Protection in the Bay Area.
Final 2017 Clean Air Plan. Available: <http://www.baaqmd.gov/-/media/files/planning-and-research/plans/2017-clean-air-
plan/attachment-a ,proposed-final-cap-vol-1-pdf.pdf?la=en>. Accessed February 17, 2022.
4o CARB. 2017. 2016 State Strategy for the State I mplementation Plan. Available:
<https://ww3.arb.ca.gov/planning/sip/2016sip/20l6sip.htm>. Accessed February 17, 2022.
Final Initial Study-Negative Declaration 47
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Clean Air Plan and would have no impact related to a conflict with or obstruction of the applicable
air quality plan.
b. Wouldtheprojectresultinacumulativelyconsiderablenetincreaseofanycriteriapollutantfor
which the pr-oject region is non-attainment under an appficab(e federal or State ambient air
quality standard?
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not result in construction or operational impacts related to an increase of criteria
pollutants. Likewise, the CAP Update would not involve land use or zoning changes but would
instead promote sustainable infrastructure development and redevelopment. As a policy document,
the CAP Update would not result in impacts related to criteria pollutants. However, implementation
of the following CAP Update actions may promote construction activities that would temporarily
generate criteria pollutants during the construction phase.
CAP Update Actions BE-2.4, BE-2.6, BE-2.7, BE-2.9 through BE-2.11, BE-3.1, BE-3.5, BE-3.6, and BE-
3.8 promote electrification of existing residential and commercial buildings, which may require
minor construction to modify the electrical and natural gas connections to existing buildings. CAP
Update Actions TR-1.1 through TR-1.5 would encourage development of new bicycle infrastructure,
which may involve construction activities to create new bike lanes and bike/pedestrian paths
throughout Cupertino. CAP Update Actions TR-3.2, TR-3.4, and TR-3.12 would incentivize or require
the installation of new EV charging stations. In addition, CAP Update Action CS-1.3 seeks to increase
the number of trees throughout Cupertino, which may require the use of construction equipment
for the moving and placement of trees.
Construdion-related air quality impacts are generally associated with fugitive dust (prvilO and PM2,5)
and exhaust emissions from heavy construction vehicles and soil haulingtrucks, in addition to
reactive organic gases (ROG) that would be released during the drying phase upon application of
architedural coatings. However, implementation of CAP Update actions would not indude large-
scale construction within Cupertino and would involve temporary and short-term criteria pollutant
emissions. In addition, future projects would be required to comply with CMC Chapter 17.04,
Standard Environmental Protection Requirements, which includes measures to reduce pollutant
emissions during construction.4l As such, the CAP Update would result in low-level criteria pollutant
emissions and negligible impacts to air quality. CAP Update projects or actions would also be
reviewed for consistency with BAAQMD air quality regulations and other applicable local, State, and
federal regulations once project details and locations are known. Thus, the construction required for
implementation of the CAP Update would result in a less-than-significantimpact related to net
increase of criteria pollutants.
With respect to operational emissions, many of the CAP Update actions would have the secondary
benefit of reducing criteria pollutant emissions, such as strategies aiming to increase reduce natural
gas use, promote EVs, reduce on- and off-road gasoline fuel use, and reduce VMT. Therefore,
implementation of the CAP Update would be beneficial by helping Cupertino meet applicable air
quality plan goals. In addition, future CAP Update projects would be required to comply with local,
regional, and State air quality regulations. Therefore, the CAP Update and GHG Emissions
Thresholds would result in a less-than-significantimpact related to criteria pollutant emissions.
41 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
48
Environmental Checklist
Air Quality
c. Woufdtheprojectexposesensitivereceptorstosubstantialpollutantconcentrations?
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not result in construction or operational impacts related to exposure of sensitive
receptors to substantial pollutant concentrations. However, implementation ofthe CAP Update
actions as described under Response 3b., above, promote infrastructure development and
redevelopment that may result in temporary construction activities. Construction-related air quality
impacts are generally associated with fugitive dust (PMio and PM2,s) and exhaust emissions from
heavy construction vehicles and soil hauling trucks, in addition to ROG that would be released
during the drying phase upon application of architectural coatings. However, implementation of CAP
Update adions would not include large-scale construction, construction-related emissions would be
temporary, and construction would be required to comply with the environmental protection
measures identified in CMC Chapter 17.04, Standard Environmental Protection Requirements, such
as dust control and low-ROG coating requirements.42 As such, implementation of the CAP U pdate
would result in low-level toxic air contaminant emissions associated with construction.
While the CAP Update could result in construction-related impacts related to toxic air contaminants
and exposure to sensitive receptors, CAP Update projects or actions would be reviewed for
consistency with BAAQMD air quality regulations and other app!icable local, State, and federal
regulations, such as CMC Chapter 17.04, Standard Environmental Protection Requirements, once
project details and locations are known to ensure compliance. Thus, construction associated with
implementation of the CAP Update would not result in substantial emissions of toxic air
contaminants and exposure to sensitive receptors. No operational toxic air contaminant emissions
are anticipated with implementation of the CAP Update. Therefore, the CAP Update and GHG
Emissions Thresholds would have a less-than-significant impact related to exposure of sensitive
receptors to toxic air contaminants.
d. Would the project result in other emissions (such as those leading to odors) adversely affecting a
substantial number of people?
The CARB 2005 Air Quality Land Use Handbook: A Community Health Perspective identifies land uses
associated with odor complaints which include: sewage treatment plants, landfills, recycling
facilities, waste transfer stations, petroleum refineries, biomass operations, auto body shops,
coating operations, fiberglass manufacturing, foundries, rendering plants, and livestock
operations.43 The GHG Emissions Thresholds would provide guidance during CEQA review and do
not propose development or changes to land use and zoning. Thus, implementation of the GHG
Emissions Thresholds would not have construction or operational impacts related to odors. The CAP
Update includes Measure W-la which seeks to reduce community landfilled organics by 75 percent
by 2025 and reduce inorganic waste by 35 percent by 2030. Actions associated with this measure
include implementing the organic waste diversion requirements of Senate Bill (SB) 1383,
encouraging food waste diversion at residential, commercial and institutional developments, and
increasing access to recycling facilities and programs. As such, the CAP Update could result in minor
odors related to organic waste collection. However, green waste collection bins and compost
application are not identified on the list of "Sources of Odor Complaints" (Table 1-4) as provided in
42 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
43 CARB. 2005. Air Quality and Land Use Handbook: A Community Health Perspective. Available at:
<https://ww3.arb.ca.gov/ch/handbook.pdf>. Accessed February 17, 2022.
Final Initial Study-Negative Declaration 49
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
the CARB Air Quafity Land Use Handbook and would not be anticipated to result in other odors that
would adversely affect a substantial number of people.44 Therefoi-e, the CAP Update and GHG
Thresholds would not facilitate development that could create odors, and there would be a less-
than-significant impact related to odors exposure.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.45 Cumulative projects
anticipated under Cupertino General Plan buildout could exceed applicable BAAQMD thresholds or
be inconsistent with the 2017 Clean Air Plan. However, implementation of the CAP Update and GHG
Emissions Thresholds would have a less-than-significant contribution related to potential cumulative
air quality impacts within the air basin and on sensitive receptors within Cupertino, given that the
CAP Update and GHG Emissions Thresholds would resultin community-wide reduction of GHG
emissions, energy use, single-occupancy vehicle travel, and associated air pollutant emissions. As
such, implementation of the CAP Update and GHG Emissions Thresholds would not result in adverse
impacts related to contribution of criteria pollutants to the air basin and exposure of sensitive
receptors to toxic air contaminants. Therefore, implementation of the CAP Update and GHG
Emissions Thresholds would result in a less-than-significant cumulative impact related to air
quality.
" CARB. 2005. Air Quality and Land Use Handbook: A Community Health Perspective. Available at:
<https://ww3.arb.ca.gov/ch/handbook.pdf>. Accessed February 17, 2022.
45 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
50
I
Environmental Checklist
Air Quality
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Final Initial Study-Negative Declaration 51
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
P6tffintially
Sigpjficant
Impact
Less than
,Sign,ijicant
'With
Mijigatiory
lncorp6rated
Lis'i ttiein
5igniijcant
Impact
No
Impact
Would the project:
(i
a. Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in local
or reBional plans, policies, or regulations, or
by the California Department of Fish and
Wildlife or u.s. Fish and Wildlife Service?a
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
or u.s. Fish and Wildlife Service?a
c. Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means?a
d. Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?a
e. Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?a
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or State habitat
conservation plan?a
52
Environmental Checklist
Biological Resources
a. Would the project have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as candidate, sensitive, or special status in local or
regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the
U.S. Fish and Wildjife Service?
Cupertino is a primarily urbanized community with limited habitat to support special status species.
However, natural areas in the western boundary of Cupertino, within the Montebello Foothills, and
along Stevens Creek may provide habitat that supports special status species such as California red-
legged frog, western leatherwood, white-tailed kite, and Cooper's hawk."s In addition, migratory
and nesting birds protected by Sections 3503, 3503.5, and 3513 of the California Fish and Game
Code (CFGC) and the Migratory Bird Treaty Act (MBTA) may utilize trees, landscaping, and structures
throughout Cupertino for nesting habitat. CMC Chapter 17.04, Standard Environmental Protection
Requirements, CMC Chapter 14.12, Protected Tree Ordinance, and the Cupertino General Plan
Environmental Resources Element incorporate goals and policies to protect biological resources,
such as plants, trees, wildlife habitats, wetlands and rivers, and rare and endangered species in
Cupertino.4" 4& 49
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not have construction or operational impacts related to special status species and
their habitats. Likewise, the CAP Update would not involve land use or zoning changes. Rather the
CAP Update would address infrastructure development and programming to reduce GHG emissions
and increase sustainable practices within Cupertino. As a policy document, the CAP Update would
not directly result in impacts related to wildlife species identified as candidate, sensitive, orspecial
status. However, implementation ofthe following CAP Update measures and actions may promote
infrastructure development and redevelopment and may result in impacts to species through
construction activities.
CAP Update Actions BE-2.4, BE-2.6, BE-2.7, BE-2.9 through BE-2.11, BE-3.1, BE-3.5, BE-3.6, and BE-
3.8 promote electrification of existing residential and commercial buildings, which may require
minor construction to modify the electrical and natural gas connections to existing buildings. CAP
Update Actions TR-1.1 through TR-1.5 would encourage development of new bicycle infrastructure,
which may involve construction activities to create new bike lanes and bike/pedestrian paths
throughout Cupertino. CAP Update Actions TR-3.2, TR-3.4, and TR-3.12 would incentivize or require
the installation of new EV charging stations. In addition, CAP Update Action CS-1.3 seeks to plant
additional trees throughout Cupertino, which may require the use of construction equipment for
the moving and placement of trees. These actions have the potential to disturb nesting habitat for
birds and raptors protected under the CFGC and MBTA. However, construction activities for future
CAP Update projects would be required to comply with the provisions of the MBTA and CFCG, as
well as CMC Chapter 17.04, Standard Environmental Protection Requirements, which includes
requirements for nesting bird and roosting bat avoidance. Compliance with City, State, and federal
46 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
4' Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cuperkinoca/0-0-0-96144>. Accessed February 16, 2022.
48 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
49 Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
Final Initial Study-Negative Declaration 53
City of Cuperfino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
requirements for the protection of special status species would be required for all future CAP
Update-related projects and would minimize the potential forimpacts to biological resources.
Furthermore, the CAP Update measures and actions would not conflict with the CMC or objectives
and policies of the Cupertino General Plan related to wildlife but would rather be consistent with
and promote those policies. CAP Update measures and actions involving infrastructure development
or redevelopment would generally apply to the urbanized areas of Cupertino, with little application
to parks, open spaces area, or undeveloped portions of Cupertino where sensitive habitat and
related species may be present. In addition, CAP Update Measure CS-1 facilitates the
implementation of an urban forest master plan that would increase tree canopy throughout
Cupertino and Action CS-2.1 would create new natural areas to support a biodiverse ecology and
improve carbon sequestration. These measures and actions would help increase habitat for special
status species and migratory and nesting birds. As such, the CAP Update would not have a
substantial adverse effect on candidate, threatened, or endangered wildlife species either directly
through individual take orindirectly through species habitat modification. Therefore, the CAP
Update and GHG Emissions Thresholds would result in a less-than-significantimpact related to
special-status wildlife species.
b. Wouldtheprojecthaveasubstantialadverseeffectonanyriparianhabitatorothersensitive
natural community identified in local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c. Have a substantiaf adverse effect on state or federally protected wetlands (including, but not
limited to, marsh, vernaf pool, coastal, etc.) through directremovai filling, hydrological
interruption, or other means?
Approximately 80 percent of Cupertino consists of urban land that does not support sensitive
natural communities or wetlands. Sensitive natural communities within Cupertino are generally
limited to the western fringes of Cupertino and include freshwater marsh, riparian scrub and forest,
valley oak woodland, redwood forest, and chaparral. In addition, Stevens Creek, Calabazas Creek,
Saratoga Creek, Regnart Creek, and Heney Creek run through Cupertino.so CMC Chapter 17.04,
Standard Environmental Protection Requirements, CMC Chapter 14.12, Protected Tree Ordinance,
and the Cupertino General Plan Environmental Resources Element incorporate goals and policies to
protect biological resources, including sensitive habitats and wetlands and in Cupertino.5' 5' 53
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not have construction or operational impacts related to riparian, wetland, or
other sensitive habitats. Likewise, the CAP Update would not involve land use or zoning changes but
would instead promote sustainable infrastructure development and redevelopment within
urbanized areas of Cupertino, with little application to parks, open spaces area, or other locations
where riparian, wetland, and sensitive habitat is located. Furthermore, CAP Update Measure CS-1
5o Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
51 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
52 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.18. Available:
<https://codelibrary.a mlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
53 Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
54
Environmental Checklist
Biological Resources
facilitates the implementation of an urban forest master plan that would increase tree canopy
throughout Cupertino and Action CS-2.1 would create new natural areas to support a biodiverse
ecology, increase recreation opportunities, and improve carbon sequestration. These measures and
actions align with the Cupertino General Plan Environmental Resources Element goals and policies
related to the preservation of sensitive habitats, such as Goal ES-5 which seeks to protect riparian,
natural, and sensitive habitats in the rural areas of Cupertino.
In addition, future CAP Update-related projects would be required to adhere to City development
regulations and Cupertino General Plan policies, including CMC Chapter 17.04, Standard
Environmental Protection Requirements, and CMC Chapter 14.12, Protected Tree Ordinance, to
limit the potential for project impacts to biological resources. In addition, the location and details of
future CAP Update-related projects would be reviewed for consistency with applicable local,
regional, and State regulations related to sensitive habitat prior to approval. As such, the CAP
Update would not have a substantial adverse effect on riparian habitat or sensitive natural
community, such as wetlands. Therefore, the CAP Update and GHG Emissions Thresholds would
have a less-than-significant impact related to sensitive natural plant communities.
d. Wouldtheprojectinterferesubstantiallywiththernovementofanynativeresidentormigratory
fish or wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
Cupertino is largely developed and offers limited habitat to provide migratory wildlife corridors or
wildlife nursery sites. Areas that may support wildlife movement are generallylimited to the
western fringes of Cupertino in the Montebello Foothills, as well as the creeks and streams that
traverse Cupertino including Stevens Creek, Calabazas Creek, Saratoga Creek, Regnart Creek, and
Heney Creek run through Cupertino.s" CMC Chapter 17.04, Standard Environmental Protection
Requirements, CMC Chapter 14.12, Protected Tree Ordinance, and the Cupertino General Plan
Environmental Resources Element incorporate goals and policies to protect biological resources,
including habitat that could support migratory wildlife corridors and nursery sites.s' 56i 57 For
example, the Cupertino General Plan Environmental Resources Element includes Policy ES-5.4,
Hillside Wildlife Migration, which seeks to maintain wildlife access to migratory corridors within the
hillsides in western Cupertino.
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not have construction or operational impacts related to interference with species
movement or wildlife nurseries. Likewise, the CAP Update would not involve land use or zoning
changes but would instead promote sustainable infrastructure development and redevelopment
within urbanized areas of Cupertino, with little application to parks, open spaces area, or other
locations where habitat supporting wildlife migration and nurseries may be present. Furthermore,
CAP Update Measure CS-1 facilitates the implementation of an urban forest master plan that would
increase tree canopy throughout Cupertino and Action CS-2.1 would create new natural areas to
54 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
55 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
56 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
57 Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLlnk/docvlew.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
Final Initial Study-Negative Declaration 55
City of Cuperfino
Climate Action Plon Update & CEQA GHG Emissions Thresholds
support a biodiverse ecology, increase recreation opportunities, and improve carbon sequestration.
These measures and actions align with the Cupertino General Plan Environmental Resources
Element goals and policies related to the preservation of natural habitats, such as Goal ES-5 which
seeks to protect habitats that support wildlife movement in the rural areas of Cupertino.
In addition, future CAP Update-related projects would be required to adhere to City development
regulations and Cupertino General Plan policies, including CMC Chapter 17.04, Standard
Environmental Protection Requirements, and CMC Chapter 14.12, Protected Tree Ordinance, to
limit the potential for project impacts to biological resources. In addition, the location and details of
future CAP Update-related projects would be reviewed for consistency with applicable local,
regional, and State regulations related to sensitive habitat prior to approval. As such, the CAP
Update would not have a substantial adverse effect on wildlife migratory corridors or nursery sites.
Therefore, the CAP Update and GHG Emissions Thresholds would have a Less-than-significant
impact related to interference with species movement or wildlife nursery use.
e. Wouldtheprojectconflictwithanylocalpoliciesorordinancesprotectingbiologicalresources,
such as a tree preservation policy or ordinance?
The CMC Chapter 17.04, Standard Environmental Protection Requirements, as well as the General
Plan Environmental Resources Element incorporate goals and policies for biological resources
protection within Cupertino.s& sgAdditionally, CMC Chapter 14.18, Protected Tree Ordinance, was
established to preserve trees and enhance the ecological benefit to the community by providing for
the regulation of planting, management, maintenance, preservation and, where necessary, removal
oftrees.6o
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not have construction or operational impacts related to biological resources.
Likewise, the CAP Update would not involve land use or zoning changes but would instead promote
sustainable infrastructure development and redevelopment within urbanized areas of Cupertino.
The purpose and intended effect of the CAP U pdate is to reduce GHG emissions generated in
Cupertino to help reduce the effects of climate change. Implementation of proposed CAP Update
measures and actions would be beneficial by helping Cupertino meet applicable local policies and
ordinances for protecting biological resources, including the CMC Chapter 14.18, Protected Tree
Ordinance, and the General Plan Environmental Resources Element goals. Specifically, CAP Update
Measure CS-1 facilitates the implementation of an urban forest master plan that would increase
tree canopy throughout Cupertino and Action CS-2.1 would create new natural areas to support a
biodiverse ecology, increase recreation opportunities, and improve carbon sequestration. Future
CAP Update-related projects would also be required to comply with CMC Chapter 17.04, Standard
Environmental Protection Measures, and CMC Chapter 14.18, Protected Tree Ordinance, during any
construction activities. As such, the CAP Update would not conflict with or obstruct implementation
of the applicable policies for preserving biological resources and would not affect the City's ability to
attain goals and policies that protect biological resources. Therefore, the CAP Update and GHG
58 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
59 Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLink/docvlew.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
6o Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 202z.
56
Environmental Checklist
Biological Resources
Emissions Thresholds wouid result in no impact related to consistency with local biological
resources protection policies.
f. Woufd the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved /OCC7/, regional, or State habitat conservation
plan ?
No portion of Cupertino is currently subjed to a Habitat Conservation Plan or Natural Community
Conservation Plan. CMC Chapter 17.04, Standard Environmental Protection Requirements, CMC
Chapter 14.12, Protected Tree Ordinance, and the Cupertino General Plan Environmental Resources
Element incorporate goals and policies to protect biological resources in Cupertino.6L 62o 63 The GHG
Emissions Thresholds provide guidance during CEQA review and do not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
have construction or operational impacts related to conflict with an adopted Habitat Conservation
Plan or the applicable Cupertino policies and goals related to biological resources. Likewise, The CAP
Update would not facilitate specific development projects, nor would it add or enable new
development that would conflict with the CMC or General Plan. Therefore, the CAP Update and
GHG Emissions Thresholds would have no impact related to consistency with an adopted habitat or
natural community conservation plan.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.64. As a guidance
document, the GHG Emissions Thresholds would not result in any development or land use changes
that could lead to cumulative impacts. Implementation of CAP Update projects, in combination with
other cumulative projects anticipated under General Plan buildout, could result in impacts to
biological resources during infrastructure and building construction. However, as described in
Responses 4a. through 4f., above, infrastructure development or redevelopment resulting from
implementation of the CAP Update would be required to comply with applicable Cupertino General
Plan policies, Cupertino Standard Environmental Protedion Requirements, and State and federal
regulatory requirements regarding avoidance of special wildlife species and habitat. In addition, the
CAP Update would not result in new building construction and contains actions that prioritize the
preservation of trees and natural habitats. Therefore, implementation of the CAP Update and GHG
Emissions Thresholds would result in a less-than-significant cumulative impact related to biological
resources.
I
61 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
62 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
63 Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
64 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 57
City of Cuperfino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
%tentiiliy
Signifi'carit
lmpact
leis tha'rr'
Sigpjjjcant
with
,pitiiatioti
- Incorporated
Less than
Signmcant
' Impad
No
Impact
Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource pursuant
to G15064.5?a a
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?a s
c. Disturb any human remains, including those
interred outside of formal cemeteries?a a
a. Wouldtheprojectcauseasubstantialadversechangeinthesignificanceofahistoricalresource
pursuant to §15064.5 ?
According to the City's General Plan Land Use and Community Design Element, there are 13 historic
sites, 14 commemorative sites, and nine community landmarks of historical significance within
Cupertino. General Plan Goal LU-6 and its associated policies and strategies outline the City's
intention to preserve these historic and cultural resources.65
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not result in construction or operational impacts related to historical resources.
Likewise, the CAP Update would not involve land use or zoning changes but would promote
infrastructure development and redevelopment that would be complimentary to existing
development. CAP Update projeds would be required to comply with Cupertino General Plan Land
Use and Community Design Element goals, policies, and programs related to the preservation of
historic resources, including Policy LU-6.2, Historic Sites, and Policy LU-6.3, Historic Sites,
Commemorative Sites, and Community Landmarks. These Policies require that any projects on
historic sites meet the Secretary of the Interior Standards for the Treatment of Historic Properties
and require that any projects on historic sites, commemorative sites, and community landmarks
provide educational and commemorative tools on the project site to explain the historic significance
of the resource. CAP Update-related projects and actions would be reviewed for compliance with
applicable local, regional, and State regulations regarding cultural resources and the Cupertino
General Plan Land Use and Community Design Element to avoid adverse impacts related to historic
resources. Therefore, the CAP Update and GHG Emissions Thresholds would result in a less-than-
significant impact related to historical resources.
65 Cupertino, City of. 2014. General Plan Land use and Community Design Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
58
Environmental Checklist
Cultural Resources
b. Would the project cause a substantial adverse change in the significance of an archaeological
resource pursuant to §15064.5 ?
The Cupertino General Plan EIR identifies a number of recorded archaeological resources within
Cupertino and notes the potential for undiscovered archaeological resources throughout the Santa
Clara Valley area.66 General Plan Goal LU-6 and its associated policies and strategies outline the
City's intention to preserve cultural resources within Cupertino.67 In addition, CMC Chapter 17.04,
Standard Environmental Protection Requirements, establishes specific requirements in Section
17.04.050(E), Cultural Resources Permit Requirements, forthe protection of archaeological
resources during project development.68
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not have construction or operational impacts related to archaeological resources.
Likewise, the CAP Update would not involve land use or zoning changes but would promote
infrastructure development and redevelopment that would generally be limited to previously
developed and disturbed areas of Cupertino where the presence of archaeo!ogical resources is
unlikely. Nonetheless, there is a possibility for archaeological sites not previously recorded to be
present in areas where CAP Update projects could occur. In particular, CAP Update Adions BE-2.4,
BE-2.6, BE-2.7, BE-2.9 through BE-2.11, BE-3.1, BE-3.5, BE-3.6, BE-3.8, TR-1.1 through TR-1.5, TR-3.2,
TR-3.4, TR-3.12, WW-1.7, and CS-1.3 may result in small-scale construction that could expose
previously undiscovered archaeologica! resources during ground disturbing activities.
Future CAP Update projects would be located and designed strategically to reduce ground
disturbance to the maximum extent possible. In addition, CAP Update projects and actions would be
reviewed for consistency with applicable local, regional, and State archeological regulations prior to
final siting and construction and would be required to implement best management practices
(BMPs) in accordance with CMC Chapter 17.04, Standard Environmental Protection Requirements.
The CMCincludes specific requirements for projects in areas with no known archaeological
resources, including construction crew training on the potential for the discovery of archaeological
resources and requirements for the protection and investigation of any archaeological resources
encountered during ground disturbance, as well as more stringent requirements for archaeological
assessments for sites where known cultural resources exist. As such, archeological resources would
be protected prior to and/or upon discovery and, thus, impacts would be reduced to a minimal
level. Therefore, the CAP Update and GHG Emissions Thresholds would result in a less-than-
significant impact related to archaeological resources.
c. Would the project disturb any human remains, including those interred outside of formai
cemeteries?
There is a possibility of encountering unknown buried human remains throughout Cupertino. The
GHG Emissions Thresholds provide guidance during CEQA review and do not propose development
or changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would
not have construction or operational impacts related to human remains. Likewise, the CAP Update
66 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
6' Cupertino, City of. 2014. General Plan Land Use and Community Design Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&Id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
68 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available: <
https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-97167#JDCh.l7.04>. Accessed February 16, 2022.
Final Initial Study-Negative Declaration 59
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
would notinvolve land use or zoning changes but would promote infrastructure development and
redevelopment that would generally be limited to previously developed and disturbed areas of
Cupertino where the presence of human remains is unlikely. However, there is the potential for
future CAP Update-related projects to encounter unknown human remains during project
construction activities. As established in CMC Chapter 17.04, Standard Environmental Protection
Requirements, future CAP Update projects would be required to comply with California Health and
Safety Code Section 7050.5 and California Public Resources Code Section 5097.98 regulations
related to burial findings, including notification, assessment, and treatment of burial sites.
Therefore, the CAP Update and GHG Emissions Thresholds would result in a less-than-significant
impact related to human remains.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.6g. Planned bui!dout of
the City of Cupertino under the General Plan would cumulativelyincrease the potential for adverse
effects on historic and archaeological resources in Cupertino. As a guidance document, the GHG
Emissions Thresholds would not resultin cumulative impacts; however, the CAP Update could
incrementally contribute to this cumulative effect through small scale construction activities that
could affect previousfy undiscovered cultural resources. Impacts to historic and archaeological
resources are generally site-specific. Accordingly, as required under applicable laws and regulations,
potential impacts associated with future development in Cupertino, including CAP Update-related
projects, would be addressed on a case-by-case basis as project details and locations are
determined. Future projectsin Cupertino,includingthose associated with implementation ofthe
CAP Update, would be required to comply with the Cupertino General Plan Land Use and
Community Design Element policies and CMC Chapter 17.04, Standard Environmental Protection
Requirements, that require the identification and protection of sites and structures of historical,
archaeological, and cultural significance in order to avoid impacts related to cultural resources.
Therefore, implementation of the CAP Update and GHG Emissions Thresholds would result in an
overall less-than-significant cumulative impact related to cultural resources.
I"
69 Cupertlno, City of. 2022. Future GHG Emissions Forecasts Memorandum.
60
I
I
Environmental Checklist
Cultural Resources
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Final Initial Study-Negative Declaration 61
City of Cuperfino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Poten%ially.
Significant -
Impact
Less than
Signifi4ant
*ith
,Mitigation
Incorporated
Less than
Sigriijitant
Impad No Impact
Would the project:
a. Result in a potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?a
b. Confiict with or obstruct a state or local
plan for renewable energy or energy
efficiency?a
a. Wouldtheprojectresultinapotentiallysignificantenvironmentalimpactduetowasteful,
inefficient, or unnecessary consumption of energy resources, during project construction or
operation ?
California is one of the lowest per-capita energy users in the United States, ranked 48th in the
California is one of the lowest per-capita energy users in the United States, ranked 46th in the
nation, due to its energy efficiency programs and mild climate.7o California consumed 279,510
gigawatt-hours (GWh) of electricity and 2,074,302 million cubic feet of natural gas in 2020. 71-72 The
single largest end-use sector for energy consumption in California is transportation (39.1 percent),
followed by industry (23.5 percent), commercial (19.2 percent), and residential (18.3 percent).'3
Adopted in 2018, SB 100 accelerates the State's Renewable Portfolio Standards Program, codified in
the Public Utilities Act, by requiring electricity providers to increase procurement from eligible
renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100
percent by 2045.
The City of Cupertino has demonstrated its commitment to energy efficiency and renewable energy
through many efforts, as described in the Existing Sustainability Setting section above. The City has
adopted the California Green Building Standards Code (CALGreen), pursuant to CMC Chapter 16.58,
Green Building Standards Code, which requires efficiency measures to reduce energy use and
provide energy reduction benefits."' The City has also completed communitywide GHG emissions
inventories for years 2010 and 2018, including GHG emissions related to building energy and
7o ll.S. Energylnformation Administration (USEIA). 2021. "California - Profile Overview." Last modified: February 18, 2021.
Available:<https://www.eia.gov/state/?sid=CA.> Accessed February 22, 2022.
71 CEC. 2020. Electricity Consumption by County. Available: <http://www.ecdms.energy.ca.gov/elecbycounty.aspx>. Accessed February
22, 2022.
72 ljSElA. 2022. Natural Gas: Natural Gas Consumption by End Use. January 31, 2022. Available:
<https://www.eia.gov/dnav/ng/ngconssumdcuSCAa.htm>. Accessed February 22, 2022.
'3 USEIA. 2021. "California - Profile Overview." Last modified: February 18, 2021. Avallable:<https://www.eia.gov/state/?sld=CA>
Accessed February 22, 2022.
'4 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 16.58. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
62
Environmental Checklist
Cultural Resources
transportation fueJ use, which are summarized in Table 1. Transportation (specifically on-road
passenger and commercial vehicles) and building energy use (specifically residential and commercial
electricity and natural gas use) were responsible forthe most GHG emissions within the Cupertino
community in 2018. Passenger and commercial vehicles in Cupertino accounted for 435,922,675
VMTin 2018. Residential, non-residential, and direct access electricity use in Cupertino totaled
317,448,722 kWh in 2018. Residential and non-residential natural gas use in Cupertino totaled
7,532,350 therms in 2018.75
The GHG Emissions Thresholds provide guidance during CEQA review and do not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not result in construction or operational impacts related to wasteful consumption
of energy resources. The CAP Update is a policy document containing climate action strategies to
reduce communitywide GHG emissions. The CAP Update would encourage energy efficiency and a
transition away from natural gas use in existing residential and nonresidential building stock
through new policies and educational campaigns as well as new requirements for proposed new
buildings through Measures BE-2 through BE-4. The CAP Update would also incentivize increased
use of renewable energy sources and renewable energy production and storage within Cupertino
through Measures BE-1 and BE-5 and Actions BE-3.7 and BE-3.8. Additionally, the CAP Update would
reduce transportation-related energy consumption by increasing active transportation and public
transit use, reducing VMT, and reducing the use of gasoline vehicles through Measures TR-1 through
TR-4.
Implementation of some CAP Update measures and actions, such as the installation of new active
transportation infrastructure, would require small-scale construction. However, energy use for the
construction of such projects would be temporary in nature, and construction equipment used
would be typical of similar-sized construction projects in the region. In addition, construction
contractors would be required to comply with the provisions of CCR Title 13 Sections 2449 and
2485, which would minimize unnecessary fuel consumption. Construction equipment would be
subjectto the United States Environmental Protection Agency (u.s. EPA) Construction Equipment
Fuel Efficiency Standard, which would also minimize inefficient, wasteful, or unnecessary fuel
consumption. Furthermore, pursuant to the applicable regulatory requirements such as the 2019
CALGreen (CCR Title 24, Part 11), future infrastructure projeds would comply with construction
waste management practices to divert a minimum of 65 percent of construction and demolition
debris. These practices would result in efficient use of energy necessary to construct CAP Update-
related projects. Upon completion of construction for any CAP Update-related infrastructure
development and redevelopment, non-renewable energy use would be reduced by increasing
renewable energy production and storage and reducing VMT within the City.
The purpose and intended effect of the CAP Update is to reduce GHG emissions generated within
the Cupertino community to minimize the effects of climate change, including those emissions
generated by energy demand and supply. The CAP Update would not result in the use of non-
renewable resources in a wasteful orinefficient manner; rather, it would aSsist in reducing use of
non-renewable energy resources and increasing the production of local renewable energy.
Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact related to the
wasteful, inefficient, or unnecessary consumption of energy.
75 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 63
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
b. Would the project conflict with or obstruct a state or (ocal plan for renewable energy or energy
efficiency?
Relevant plans and policies that aim to increase energy efficiency and the production of renewable
energy include SB 100, 2019 CALGreen (Title 24 Part 11), and 2019 California Building Energy
Efficiency Standards (Title 24 Part 6). SB 100 supports the reduction of GHG emissions from the
electricity sector by accelerating the State's Renewables Portfolio Standard Program and requires
electricity providers to increase procurement from eligible renewable energy resources to 33
percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045. CALGreen (Title
24 Part 11) institutes mandatory minimum environmental performance standards for all ground-up
new construction of non-residential and residential structures. In addition, the California Building
Energy Efficiency Standards (Title 24 Part 6) establishes energy-efficiency standards for residential
and non-residential buildings in order to reduce California's energy demand. CCR Title 24 (Parts 6
and 11) is updated periodically to incorporate and consider new energy-efficiency technologies and
methodologies as they become available. New construction and major renovations must
demonstrate their compliance with the current Building Energy Efficiency Standards through
submission and approval of a Title 24 Compliance Report to the local building permit review
authority and the CEC.
Cupertino is part of the SVCE, a Joint Powers Agreement which provides electricity primarily from
clean, renewable sources. Cupertino would continue to reduce its use of nonrenewable energy
resources as the electricity and power resources generated by renewable sources provided by SVCE
continues to increase to comply with State requirements through SB 100, which requires electricity
providers to increase procurement from eligible renewable energy resources to 33 percent of total
retail sales by 2020, 60 percent by 2030, and 100 percent by 2045. The CAP Update includes
measures and actions to reduce non-renewable electricity use and increase production and storage
of renewable energy, as discussed further below, and would therefore align with the overall intent
of SB 100.
In addition, the City of Cupertino has adopted CALGreen (Title 24 Part 11) and the California Building
Energy Efficiency Standards (Title 24 Part 6) pursuant to CMC Title 16, Buildings and Construction.76
Therefore, construction and operation associated with infrastructure projects stemming from the
CAP Update would be designed to comply with the energy source standards of the CALGreen and
the California Building Energy Efficiency Standards. Future CAP Update projects would be required
to demonstrate compliance with the CALGreen and the California Building Energy Efficiency
Standards by implementing sustainability and energy efficiency measures such as high-efficiency
lighting and HVAC systems, low-flow water fixtures, dual-paned windows, and water efficient
landscaping and irrigation systems. Compliance with these regulations would minimize potential
conflicts with adopted energy conservation plans.
As discussed under Response 6a., above, CAP Update Measures BE-2 through BE-4 seek to decrease
non-renewable energy consumption in new and existing buildings by requiring electrification and
phasing out natural gas use. Additionally, Measures BE-1 and BE-5 would decrease non-renewable
energy use by reducing the non-SVCE usage and increasing the use of biofuels at the Apple campus,
while Actions BE-3.7 and BE-3.8 would encourage the productiori and storage of local renewable
energy. These measures and actions are consistent with the goals and policies established by SB
100, CALGreen, and the California Building Energy Efficiency Standards. Therefore, the CAP Update
76 Cupertino, City of. 2022. Cupertino Municipal Code Title 16. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
64
Environmental Checklist
Cultural Resources
and GHG Emissions Thresholds would result in no impact related to consistency with State and local
renewable energy and energy efficiency plans.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030. 77 As a guidance
document, the GHG Emissions Thresholds would not result in any development or land use changes
that could result in cumulative impacts. Implementation of the CAP Update would result in reducing
the use of non-renewable energy resources across the community by phasing out natural gas use,
increasing the use of the SVCE, and reducing gasoline vehicle use. Implementation of the CAP
Update would also increase the production and storage of renewable energy within Cupertino by
incentivizing the inclusion of small-scale solar and battery storage projects. As Cupertino"s
population grows and development intensifies in the future, actions contained within the CAP
Update would ensure that planned new development not related to the CAP Update is constructed
to strict energy efficiency standards and that VMT is reduced. As the CAP Update would result in
decreased non-renewable energy use within Cupertino and would align with existing plans and
policies related to renewable energy and energy efficiency, implementation of the CAP U pdate and
GHG Emissions Thresholds would result a no cumulative impact related to energy.
7' Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 65
City of Cuperfino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Potenji,illy
Significant
-Impact
.Less than -
Sig'riif!cant.
pith
(;itig'iti6n
In.corporated
-,!4ssih,an
SignifiQa-nj
'lrppact
No
Impact
Would the project:
a. Expose people or structures to potentially
substantial adverse effects, including the
risk of loss, injury, or death involving:
1. 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 orea or based on other substantial
evidence of a known fault?a a
2. Strong seismic ground shaking?[1]a
3. Seismic-related ground failure,
including liquefaction?
4. Landslides?
a
a
b. Result in substantial soil erosion orthe loss
of topsoil?a
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?a
d. Be located on expansive soil, as defined in
Table 1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
risks to life or property?a
e. Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers
are not available for the disposal of
wastewater?a
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?a
66
Environmental Checklist
Geology and Soils
a. Exposepeopleorstructurestopotentialsubstantialadverseeffects,includingtheriskofloss,
injury, or death involving:
Rupture of a known earthquake fault, as delineated on the most recentAlquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantiaj evidence of a known fault?
Strong seismic ground shaking?
Seismic-related ground failure, induding liquefaction ?
Landslides?
Cupertino is located in a seismically active region, and there are several active faults within the
vicinity of Cupertino that could cause seismic-related impacts. The San Andreas Fault is the closest
fault and is located approximately one mile southwest of the City at its closest approach. Other
prominent faults in the area include the Hayward Fault located eight miles to the east and the San
Gregorio Fault located 15 miles to the southwest.'8 There are no Alquist-Priolo Fault Zones within
Cupertino.'9 According to the Cupertino General Plan EIR, there is minimal risk of fault rupture
within Cupertino; however, earthquakes from the nearby faults have the potential to generate
severe to violent ground shaking within the City.8o Areas of Cupertino susceptible to liquefaction are
generally limited to lands adjacent to creeks such as Stevens, Regnart, and Calabazas Creeks and the
majority of Cupertino has no to low potential for landslides except for in the Montebello Foothills at
the western boundary of Cupertino. The majority of Cupertino is flat and not susceptibie to
landslides; however, western Cupertino within the Montebello Foothills and areas adjacent to steep
banks along Stevens Creek are within mapped landslide hazard zones.8L82 In 2017, Santa Clara
County, in partnership with Cupertino and the other incorporated cities within the County, adopted
a Local Hazard Mitigation Plan (LHMP) to aSSeSs hazards and reduce risks prior to a disaster event,
including seismic and geological hazards. In addition, the Cupertino General Plan Health and Safety
Element provides goals, policies, and strategies to prepare for and minimize earthquake-related
hazards.83
Although Cupertino is at risk of earthquake-induced ground shaking and associated hazards, the CAP
Update is a policy document containing climate strategies and supporting actions to reduce GHG
emissions and is consistent with the Cupertino General Plan, LHMP, and other regional and State
seismic regulations. The CAP Update does not propose habitable development or policies that could
resultin exposure of people to potential substantial adverse effects, including the risk of loss, injury,
or death involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-
related ground failure including liquefaction, or landslides. Likewise, the GHG Emissions Thresholds
is a guidance document and does not propose development or changes to land use and zoning.
Thus, implementation of the GHG Emissions Thresholds would not result in construction or
78 Cupertino, City of. 2014. General Plan Appendix E: Geologic and Seismic Hazards. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
'9 California Geological Survey. 2022. Earthquake Zones of Required Investigation. Available:
<https://maps.conservation.ca.gov/cgs/EQZApp/app/>.Accessed February 22, 2022.
8o Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
81 Cupertino, City of. 2014. General Plan Appendix E: Geologic and Seismic Hazards. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
82 California Geological Survey. 2022. Earthquake Zones of Required Investigation. Available:
<https://maps.conservation.ca.gov/cgs/EQZApp/app/>.Accessed February 22, 2022.
83 Cupertino, City of. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
Final Initial Study-Negative Declaration 67
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
operational impacts related to risk of loss, injury, or death invo(ving rupture of a known earthquake
fault, strong seismic ground shaking, seismic-related ground failure including liquefaction, or
landslides. Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact
related to seismic- and landslide-related hazards.
b. Would the project result in substantial soil erosion or the ioss of topsoij?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
result in construction or operational impacts related to substantial loss of topsoil. Likewise, the CAP
Update would not involve land use or zoning changes but would promote sustainable infrastructure
development. As a policy document, the CAP Update would not directly require ground-disturbing
activities. However, implementation of several CAP Update actions may result in small-scale
construction activities that could cause soil erosion or the loss of topsoil during construction. CAP
Update Actions BE-2.4, BE-2.6, BE-2.7, BE-2.9 through BE-2.11, BE-3.1, BE-3.5, BE-3.6, and BE-3.8
promote electrification of existing residential and commercial buildings, which may require minor
construction to modify the electrical and natural gas connections to existing buildings. CAP Update
Actions TR-1.1 through TR-1.5 would encourage development of new bicycle infrastructure, which
may involve construction activities to create new bike lanes and bike/pedestrian paths throughout
Cupertino. CAP Update Actions TR-3.2, TR-3.4, and TR-3.12 would incentivize or require the
installation of new EV charging stations. In addition, CAP Update Action CS-1.3 seeks to plant
additional trees throughout Cupertino. As such, the CAP Update could result in construction-related
soil erosion and topsoil loss impacts associated with such installations and plantings.
CAP Update projects and actions would be reviewed for consistency with CMC and other local and
State erosion and grading regulations prior to final siting and construdion. The potential for CAP
Update project construction activities involving soil disturbance to result in increased erosion and
sediment transport by stormwater to surface waters would be minimized, because future projects
would be required to comply with CMC Chapter 16.08, Excavations, Grading, and Retaining Walls,
and Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, which include
erosion and sediment control standards, and/or a the National Pollutant Discharge Elimination
System (N PDES) Construction General Permit provided by the Regional Water Quality Control
Board.s"'s These regulations require BMPs such as the covering of graded slopes and stockpiled
materials, storm drain protection, and use of fiber rolls and sift fences to reduce erosion and topsoil
loss from stormwater runoff. Compliance with the CMC and/or Construction General Permit would
ensure that BMPs are implemented during construction and minimize substantial soil erosion or the
loss oftopsoil. Therefore, the CAP Update and GHG Emissions Thresholds would result in a less-
than-signqicant impact related to soil erosion and loss of topsoil.
84 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 16.08. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February ;i;i, 2022.
85 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 9.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
68
Environmental Checklis+
Geology and Soils
c. Wouldtheprojectbelocatedonageologicunitorsoilthatisunstableasaresultoftheproject,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or
collapse?
d. Would the project be located on expansive soil, as defined in Table I-B of the Uniform Building
Code, creating substantial risks to life or property?
According to the Cupertino General Plan General Plan Hea!th and Safety Element, potions of
Cupertino subject to liquefaction are limited to the areas immediately adjacent to creeks and
drainage features, such as Stevens Creek and Calabazas Creek. Most of Cupertino is characterized by
low to no potential for landslides, other than in the areas within the Montebello Foothills and steep
slopes associated with Stevens Creek.86 Expansive soils are known to be most prevalent in the
northeastern portion of Cupertino, and soils throughout Cupertino may be characterized by other
unstable properties and subject to subsidence or lateral spreading.s" The Cupertino General Plan
Health and Safety Element, CMC, and California Building Code (CBC) contain regulations for
structural design and soil hazards in order to mitigate potential impacts related to unstable soils.
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to project location on an unstable geo!ogic unit
or soil. Likewise, the CAP Update is a policy document that does not propose specific development
or land use changes. Some ofthe proposed measures and actions in the CAP Update would support
small-scale construction projects, such as EV charging stations. However, CAP Update projects and
actions would be reviewed for consistency with local and State geotechnical regulations prior to
final siting and construction. New structures would be required to comply with CMC Chapter 16.04,
Building Code, which adopts the latest CBC, including measures to address unstable soil
conditions.88 Therefore, the CAP Update and GHG Emissions Thresholds would result in a less-than-
significantimpact related to risks associated with unstable geologic units orsoils.
e. Wouldtheprojecthavesoilsincapableofadequatelysupportingtheuseofseptictanksor
alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
The CAP Update and GHG Emissions Thresholds would not involve the development of habitable
structures and, thus, no use of septic tanks or alternative wastewater disposal systems would be
required. Therefore, no impact would occur related to soil capability support of alternative
wastewater disposal systems.
f. Wouldtheprojectdirectlyorindirectlydestroyauniquepaleontologicalresourceorsiteorunique
geologic feature?
According to the Cupertino General Plan EIR, the majority of Cupertino overlies alluvium deposits of
the Holocene, which are too recent to contain fossils. The western edge of Cupertino, within the
Montebello Hills, contain quaternary non-marine terrace and Plio-Pleistocene non-marine deposits,
86 Cupertino, City of. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
87 Cupertlno, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
88 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 16.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
Final Initial Study-Negative Declaration 69
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
which have the potential to contain fossils!g CMC Section 17.04.050(H), Paleontological Resources
Permit Requirements, establishes requirements and procedures for the protection of
paleontological resources during ground disturbing activities.9o
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
resultin construction or operational impacts related to paleontological resources. Likewise, the CAP
Update would not involve land use or zoning changes but would instead promote infrastructure
development and redevelopment primarily within previously developed areas of Cupertino. As a
policy document, the CAP Update would not directly result in impacts related to paleontological
resources or unique geologic features. CAP Update measures and actions that would involve
construction activities, such as those related to building electrification retrofits and EV charging
infrastructure, would involve work within existing, previously graded and disturbed areas where the
likelihood of encountering intact and previously undiscovered paleontological resources would be
minimal. In general, CAP Update projects would be located and designed to reduce ground
disturbance to the maximum extent possible. Nonetheless, there is a possibility that small-scale
construction projects may expose paleontological resources during ground-disturbing activities. To
reduce such risks, future CAP Update-related projects and actions would be reviewed for
consistency with geotechnical and paleontological regulations prior to final siting and construction.
CAP Update projects would also be required to implement BMPs in accordance with CMC Section
17.04.050(H), Paleontological Resources Permit Requirements, that requires implementation of best
practices when previously undiscovered paleontological resources are unearthed during project
construction.g" Therefore, the CAP Update and GHG Emissions Thresholds would result in a less-
than-significant impact related to paleontological resources or unique geologic features.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.92 As a guidance
document, the GHG Emissions Thresholds would not result in any development or land use changes
that could resultin cumulative impacts. However, planned, proposed, and approved projects
assumed under General Plan buildout in combination with future CAP Update-related projects could
expose additional people and property to seismic and geologic hazards that are present in the
region. The magnitude of geologic hazards for individual projects, including those associated with
implementation of the CAP Update, would depend upon the location, type, and size of development
and the specific hazards associated with individual sites. Specific geologic hazards associated with
individual project sites would be limited to those sites without affecting other areas. Similarly,
potential impacts to paleontological resources associated with each individual site would be limited
to that site without affecting other areas, and impacts related to these resources would be
minimized on a case-by-case basis. Compliance with existing regulations, including CBC
requirements, City-issued permit requirements, the Cupertino General Plan, the CMC, and/or
Construction General Permit requirements, would minimize potential cumulative seismic and
89 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February
7, 2022.
9o Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
91 Ibid.
92 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
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Environmental Checklist
Geology and Soils
geologic impacts. Seismic and geologic hazards and paleontological resources would be addressed
on a case-by-case basis and would not result in cumulative impacts. Therefore, implementation of
the CAP Update and GHG Emissions Thresholds would result in an overall less-than-significant
cumulative impact related to geology and soils.
Finol Initial Study-Negative Declaration 71
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Potentially.
Significant
Impact
Le'ss than
Sign!ficant
with
Mitigation
Incorporate;l
Less than
Significant
Impact
No
Impact
Would the project:
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?ffl
b. Conflict with any applicable plan, policy, or
regulation adopted to reduce the emissions
of greenhouse gases?a
a. Would the project generate GHG emissions, either directly or indirectly, that may have a
significant impact on the environment?
The greenhouse effect is a natural occurrence that helps regulate the temperature of the Earth. The
majority of radiation from the sun hits Earth's surface and warms it. The surface in turn radiates
heat back towards the atmosphere, known as infrared radiation. Gases and clouds in the
atmosphere trap and prevent some of this heat from escaping into space and re-radiate it in all
directions. This process is essential to support life on Earth, because it warms the planet by
approximately 60"F. Emissions from human activities since the beginning of the industrial revolution
(approximately 270 years ago) have been adding to the natural greenhouse effect by resulting in
increased gases in the atmosphere that trap heat and contribute to an average increase in Earth's
temperature. Global warming is the observed increase in the average temperature of the Earth's
surface, and climate change is the resultant change in wind patterns, precipitation, and storms over
an extended period.
GHGs produced by human activities include CO2, methane (CH4), nitrous oxide (N20), sulfur
hexafluoride, hydroflourocarcons, and perfluorinated compound (see Appendix B for details related
to these GHG gases). 93 Combustion of fossil fuels (gasoline, natural gas, and coal), deforestation,
and decomposition of waste release carbon into the atmosphere that had been locked underground
and stored in oil, gas, and other hydrocarbon deposits or in the biomass ofsurface vegetation. Since
1750, estimated concentrations of CO;,, CH4, and N20 in the atmosphere have increased by over 36
percent, 148 percent, and 18 percent respectively, primarily due to human activity. Emissions of
GHGs affect the atmosphere directly by changing its chemical composition.
Changes to the land surface also indirectly affect the atmosphere by changing the way in which
Earth absorbs gases from the atmosphere. Potential impacts in California due to climate change
include sea level rise, more extreme-heat days and high-ozone days, larger and more frequent
93 TFle CAP Update Onlj/ Considers emlSsiOnS Of CO2, CH4, and N20, because heSe are Fie GHGS mOSt relevant 0 10Cal government
policymaking. These gases comprise a large majority of GHG emissions at the community level. The remaining gases are emitted primarily
in private sector manufacturing and electricity transmlssion and are the subject of regulation atthe State level. Therefore, these gases
were omitted from the CAP update.
72
Environmental Checklist
Greenhouse Gas Emissions
forest fires, and more frequent and severe drought years.94 Although GHG emissions do not
typically cause direct health impacts at a local level, GHG emissions can result in indirect health
impacts by contributing to climate change, which can have public health implications. The primary
public health impacts of climate change include the following:
Increased incidences of hospitalization and deaths due to increased incidences of extreme heat
events;
Increased incidences of health impacts related to ground-level ozone pollution due to increased
average temperatures that facilitate ozone formation;
Increased incidences of respiratory illnesses from wildfire smoke due to increased incidences of
wildfires;
Increased vector-borne diseases due to the growing extent of warm climates; and
Increased stress and mental trauma due to extreme events and disasters, economic disruptions,
and residential displacement.gs
Cupertino has completed communitywide GHG emissions inventories for 2010 and 2018, which are
summarized in Table 1. Table 1 also provides estimated 1990 emissions levels forinformational
purposes. The transportation sector was the largest contributor to Cupertino's GHG emissions,
followed by the energy sector. Figure 4 and Table 4 summarize the communitywide GHG emissions
forecast under three scenarios: 1) business-as-usual projections, 2) business-as-usual projections
with State measures, and 3) the City of Cupertino target reduction path along with State measures.
As shown therein, under the business-as-usual scenario, communitywide GHG emissions are
forecasted to increase to approximately 379,192 MT of COze (5.77 MT of COle per capita) by the
year 2030, based on anticipated economic and population growth. However, with implementation
of State laws and programs, communitywide GHG emissions would decline to approximately
331,247 MT of CO,,e (5.04 MT of CO,,e per capita) by 2030. Implementation of the CAP Update
alongside State laws and programs would reduce communitywide GHG emissions to approximately
222,436 MT of CO2e (3.39 MT of COze per capita) by 2030.
The strategies included in the CAP Update combined with State-wide legislation and initiatives will
enable the City of Cupertino to meet its target of reducing communitywide GHG emissions output to
222,867 MT of COze by 2030, which represents a 45 percent reduction below 1990 levels. This
exceeds the SB 32 target for 2030 to reduce total GHG emissions 40 percent below 1990 levels. In
addition, Cupertino has a longer-term goal of achieving carbon neutrality by 2040 and has proposed
the CAP Update as a pathway to make progress toward this goal. As shown in Table 3 and Table 4,
implementation of the CAP U pdate would achieve an approximately 45 percent reduction in
communitywide GHG emissions below 1990 !evels by 2030 and an approximately 83 percent
reduction in communitywide GHG emissions below 1990 levels by 2040. Therefore, the City goal of
carbon neutrality and the associated CAP Update establish a trajectory that provide GHG emissions
reductions greater than those required by SB 32 for 2030. Because SB 32 is considered an interim
target toward meeting the 2045 State goal of carbon neutrality, implementation of the CAP Update
would be considered substantial progress toward meeting the State's long-term 2045 goal. Avoiding
interference with, and making substantial progress toward, these long-term State targets is
94 CARB and California Environmental Protection Agency (CalEPA). 2009. Environmental Health and Equity Impacts from Climate Change
and Mitigation Policies in California: A Review of the Literature. Available:
<http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.386.4605&rep=repl&type=pdf>. Accessed February 23, 2022.
95 State of California. 2018. California's Fourth Climate Change Assessment Statewide Summary Report. Available:
<http://www.climateassessment.ca.gov/state/>. Accessed February 23, 2022.
Final Initial Study-Negative Declaration 73
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
important, because these targets have been set at levels that achieve California's fair share of
international emissions reduction targets that will stabilize global climate change effects and help
avoid the associated adverse environmental consequences.
The CAP Update includes a list of 27 measures and their associated actions intended to reduce
communitywide GHG emissions. Implementation of the CAP Update would result in the reduction of
communitywide operational GHG emissions, while only generating temporary GHG emissions during
construction of infrastructure such as EV charging stations and building energy efficiency upgrades.
Additionally, the CAP U pdate would serve as a pathway to reduce GHG emissions and introduce
other beneficial environmental and sustainability effects. These benefits include reduction in
building energy consumption, vehicle miles traveled (and thus air pollution), and solid waste
generation. The GHG Emissions Thresholds is a guidance document and does not propose
development or changes to land use and zoning and, thus, would not result in construction or
operational impacts related to GHG emissions. The GHG Emissions Thresholds would establish GHG
emissions targets and analysis methodologies consistent with the goals established by the CAP
Update that are enforced during CEQA review with the intention of reducing GHG emissions
associated with construction and operation of future projects and plans in Cupertino. Therefore, the
CAP Update and GHG Emissions Thresholds would result in a no impact related to generation of
GHG emissions.
b. Would the project conflict with any applicable plan, policy, or regulation adopted for the purpose
of reducing the emissions of greenhouse gases?
The CARB 2017 Climate Change Scoping Plan outlines a pathway to achieving the 2030 reduction
targets set under SB 32, which are considered interim targets toward meeting the long-term 2045
carbon neutrality goal established by EO B-55-18. The CAP Update and GHG Emissions Thresholds are
policy-level documents that establish measures and policies to reduce GHG emissions within
Cupertino in an effort to also comply with State regulations. As discussed under Response 8a. above,
the CAP Update includes strategies that would reduce Cupertino GHG emissions to 45 percent below
1990 levels by 2030 and to 83 percent below 1990 levels by 2040. The purpose of the CAP Update is
to meet Cupertino's proportionate fair share of the Statewide GHG emissions reduction target set by
SB 32 and work toward the State's longer-term target of carbon neutrality identified in California
Executive Order B-55-18.
The CAP Update would not conflict with any applicable GHG reduction plans, including the CARB 2017
Climate Change Scoping Plan. Rather, the CAP Update identifies how Cupertino would achieve
consistency with the Statewide GHG emissions limit and would serve as a pathway to reduce GHG
emissions and introduce other beneficial environmental and sustainability effects. These benefits
include reduction in building energy consumption, vehicle miles traveled (and thus air pollution), and
solid waste generation. The CAP Update creates a GHG emissions reduction strategy consistent with
Section 15183.5 of the CEQA Guidelines for the City of Cupertino. Likewise, the GHG Emissions
Thresholds wou!d establish GHG emissions targets and analysis methodologies consistent with the
CAP Update and would be enforced during CEQA review with theintention of reducing GHG emissions
associated with construction and operation of future projects and plans in Cupertino. Therefore, the
CAP Update and GHG Emissions Thresholds would result in no impact related to consistency with
applicable GHG emissions reduction plans, policies, and regulations.
74
Environmental Checklist
Greenhouse Gas Emissions
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.96 Analyses of GHG
emissions and climate change are cumulative in nature, as they affect the accumulation of GHG
emissions in the atmosphere. Cumulative projects under Cupertino General Plan buildout that
exceed the thresholds discussed above would have a significant impact related to GHG emissions
and climate change, both individually and cumulatively. The CAP Update creates a GHG emissions
reduction strategy consistent with Section 15183.5 of the CEQA Guidelines for the City of Cupertino.
The CAP Update also includes a series of measures and actions that are intended to reduce
communitywide GHG emissions to 45 percent below 1990 levels by 2030, with a g,oal of carbon
neutrality by 2040, which provides substantial progress toward Cupertino meeting State goals. As
such, the CAP Update would result in the overall reduction of GHG emissions. Some GHG emissions
would occur during construction of CAP Update-related infrastructure projects; however, these
emissions would be temporary and minor in nature. Furthermore, as a guidance document, the GHG
Emissions Thresholds would not result in cumulative impacts. Rather, the GHG Emissions Thresholds
would establish GHG emissions targets and analysis methodologies that are enforced during CEQA
review with the intention of reducing GHG emissions associated with construction and operation of
cumulative buildout. Therefore, implementation of the CAP Update and GHG Emissions Thresholds
would result in an overall Less-than-significant cumulative impact related to GHG emissions.
96 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 75
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Poteni!'ally
Sign!nci?t I
.lmpact
Significant
with
Mitigitipn,
Incorporated
Less than
Stgnifie@nt
'lmpad
N6 :
liip4c€ I
WouJd the project:
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?a
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?a
c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within O.25 mile of an
existing or proposed school?a
d. Be located on a site that is included on a list
of hazardous material sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?a
e. For a project located in an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard or
excessive noise for people residing or
working in the project area?[1]ffl
f. lmpairimplementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?a a a
g. Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury,
or death involving wildland fires?a
(l
76
Environmental Checklist
Hazards and Hazardous Materials
a. Would the project create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials?
b. Would the project create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
result in construction or operational impacts related to hazardous materials. The CAP Update is a
policy document containing measures and actions to reduce GHG emissions. The CAP Update does
not involve identified site-specific development and, for the most part, it would not facilitate new
development that would involve the routine use of hazardous materials. Implementation of some of
the CAP Update actions, such as building electrification retrofits and installation of EV charging
stations, would require construction activities. Construction would involve the temporary use of
hazardous materials such as vehicle fuels and fluids that could be released should an accidental leak
or spill occur. However, these types of materials are not considered acutely hazardous, and storage,
handling, and disposal of these materials are regulated by the California Department of Toxic
Substances Control, u.s. EPA, and Occupational Safety & Health Administration. In addition,
standard construction BMPs for the use and handling of such materials would avoid or reduce the
potential for such conditions to occur. Any use of potentially hazardous materials during
construction of projects would comply with all local, State, and federal regulations regarding the
handling of potentially hazardous materials, including Title 49 of the Code of Federal Regulations
and Title 22, Division 4.5 of the CCR. Risk of spills would cease after construction is completed.
Therefore, construction activities related to CAP Update actions would not be anticipated to create
upset and accident conditions invo!ving the release of hazardous materials, and operation of the
majority of CAP Update-related projects would not involve the routine transport, use, or disposal of
hazardous materials during operation.
However, CAP Update Actions BE-3.7 and BE-3.8 emphasize increasing local renewable energy
production and battery energy storage facilities within Cupertino by encouraging commercial
developments to include small-scale solar and/or battery storage systems in their design. Hazardous
materials used in battery energy storage systems would generally consist of the lithium-ion
batteries. Lithium-ion technology is a common battery storage medium and is considered one of the
safest and most efficient methods of energy storage on the market. During normal operation,
lithium-ion batteries do not represent a risk to off-site receptors, and safety standards applicable to
energy storage facilities and safety certification tests established by independent bodies, such as
Underwriters Laboratories, National Fire Protection Association, and International Electrotechnical
Commission would prevent any reasonable possibility of a substantial adverse effect on the
environment related to the lithium-ion batteries. However, in the unlikely event of a fire, there is a
risk of the accidental release of hazardous materials associated with battery energy storage
systems. Any future proposed battery energy storage facilities would, therefore, be carefully
reviewed for appropriate locations, safety measures, and consistency with the Cupertino General
Plan, CMC, and applicable local, State, and federal regulations. Therefore, the CAP Update and GHG
Emissions Thresholds would result in a less-than-significant impact related to creating a significant
hazard through the routine transport, use, or disposal of hazardous materials and reasonably
foreseeable upset and accident conditions involving the release of hazardous materials.
Final Initial Study-Negative Declaration 77
City of Cupefino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
c. Wouldtheprojectemithazardousemissionsorhandlehazardousoracutelyhazardousmaterials,
substances, or waste within O.25 mile of an existing or proposed school?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
resultin construction or operational impacts related to handling hazardous materials in the vicinity
of schools. Likewise, the CAP Update is a policy containing strategies to reduce GHG emissions. The
CAP Update does not include site-specific proposals and development, nor would it emit or handle
hazardous materials. Implementing some CAP Update actions may require future development or
improvements, such as EV charging stations, small scale battery energy storage, and building
improvements related to electrification. However, CAP Update projects and actions would be
reviewed to ensure the appropriate location of projects in relation to existing development in
Cupertino and would be reviewed for consistency with the Cupertino General Plan, CMC, and
applicable local, State, and federal regulations. Therefore, the CAP Update and GHG Thresholds
would result in a less-than-significant impact related to handling of hazardous materials within O.25
mile of schools.
d. Would the project be located on a site included on a list of hazardous material sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
result in construction or operational impacts related to project site location on a site listed on a
hazardous material site. Likewise, the CAP Update is a policy document containing actions and
supporting measures to reduce GHG emissions and does not propose land use changes. The
proposed CAP Update does not include site-specific proposals and development, but CAP measures
and actions could result in future projects that could be located on a listed hazardous materials site.
However, CAP Update projects and actions would be reviewed to ensure the appropriate location of
projects in relation to existing development in Cupertino and would be reviewed for consistency
with the Cupertino General Plan and CMC Chapter 17.04, Standard Environmental Protection
Requirements, which establishes requirements for completing environmental assessments to
determine the potential for site contaminations and permitting requirements if contamination is
present on a site.97 In addition, future CAP Update projects would be required to comply with all
other applicable local, State, and federal regulations pertaining to hazardous materials, such as
those discussed under Response 9a. Therefore, the CAP Update and GHG Thresholds would result in
a Less-than-significant impact related to location on a listed hazardous materials site.
e. For a project located in an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airport orpublic use airport, would the project result in a safety
hazard or excessive noise for people residing or working in the project area?
Cupertino does not contain any airports. The nearest airport to Cupertino is the San lose
International Airport, located approximately four miles northeast of the Cupertino city limits
boundary. Furthermore, the GHG Emissions Thresholds and CAP Update are policy documents that
would not increase airport activity or result in additional habitable development or commercial
development that could increase potential exposure of residents and employees to aircraft-related
9' Cupertino, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<htkps://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>.Accessed February 22, 2022.
78
Environmental Checklist
Hazards and Hazardous Materials
hazards. Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact
related to risks associated with location proximate to a public airport.
f. Would the project impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan ?
The CAP Update and GHG Emissions Thresholds are policy documents intended to reduce GHG
emissions. The proposed CAP Update and GHG Emissions Thresholds do not involve site-specific
development, nor would they facilitate new development that would interfere with adopted
emergency plans. Implementation of some CAP Update measures, such as Measure TR-1 which
would provide for the addition of new bicycle and pedestrian infrastructure, may involve
construction within the local right-of-way. Construction activities have the potential to require lane
closures and may impact traffic and vehicle speeds on the affected roadways; however, these
impacts would be temporary and access to roadways would be maintained throughout project
construction. Furthermore, future projects involving work in the public right-of-way would be
required to coordinate with the City to ensure appropriate construction staging and adequate
vehicular and pedestrian access on adjacent roadways, pursuant to CMC Chapter 14.08,
Encroachments and Use of City Rights-of-Way.98 Therefore, the CAP Update and GHG Emissions
Thresholds would result in no impact related to impairment orinterference with implementation of
an emergency response or evacuation plan.
g. Would the project expose people or structures, either directly or indirectly, to a significant risk of
loss, injury, or death involving wildland fires?
According to the Cupertino General Plan Health and Safety Element, the majority of Cupertino is
urbanized and is at iow risk of wildland fire. Areas of Cupertino susceptible to wildland fire are
limited to the western boundary of Cupertino within the Montebello Foothills.99 The CAP Update
and GHG Emissions Thresholds do not propose specific development or new residential or
commercial land uses that could be subject to wildland fire, nor would they result other physical
changes to the environment that could increase the risk of a wildland fire. In addition, the CAP
Update includes Measures AR-2 and AR-3 to improve community preparedness and response to
climate-related hazards, including wildfire and associate air pollution risks. Therefore, the Update
and GHG Emissions Thresholds would result in no impact related to risks associated with exposure
to wildland fires.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.loo As a guidance
document, the GHG Emissions Thresholds would not result in any development or land use changes
that could result in cumulative impacts related to hazardous materials and hazards. Hazards and
hazardous materials impacts are typically site-specific in nature. CAP Update projects, in
combination with other cumulative projects anticipated under Cupertino General Plan buildout, are
98 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.08. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
99 Cupertlno, City of. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CltyofCupertino&cr=1>. Accessed February 7, 2022.
loo Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 79
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
not anticipated to contribute to cumulative hazards and hazardous materials impacts with
adherence to applicable Cupertino General Plan policies, CMC requirements, and State and federa(
regulatory requirements. Therefore, implementation ofthe CAP Update and GHG Emissions
Thresholds would result in a less-than-significant cumulative impact related to hazards and
hazardous materials.
80
I
Environmental Checklisf
Hazards and Hazardous Materials
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Final Initial Study-Negative Declaration 81
City of Cupertino
Climate Action Plan Llpdde & CEQA GHG Emissions Thresholds
Potentially
Significant
Impact
Leffis than
Significant
with
Mitigation
Incorporated
Significant
Impact
No
Impact
Would the project:
(l
a. Violate any water quality standards or
waste discharge requirements or otherwise
substantially degrade surface or
groundwater quality?a a
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?0 a ffl
c. Substantiallyaltertheexistingdrainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:a a
(i) Result in substantial erosion or siltation
on- or off-site;a
(ii) Substantially increase the rate or
amount of surface runoffin a manner
which would result in flooding on- or
off-site;0 ffl
(iii) Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
poliuted runoff; or a
(iv) lmpedeorredirectfloodflows?a
d. lnfloodhazard,tsunami,orseichezones,
risk release of pollutants due to project
inundation?a
e. Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?a
82
Environmental Checklist
Hydrology and Water Quality
a. Would the project violate any water quality standards or waste discharge requirements or
otherwise substantially degrade surface or groundwater quality?
The GHG Emissions Thresholds is a guidance document as does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to water quality standards. Likewise, the CAP
Update is a policy document containing actions intended to reduce GHG emissions within Cupertino
and does not propose specific development or land use changes. CAP Update Actions BE-2.4, BE-2.6,
BE-2.7, BE-2.9 through BE-2.11, BE-3.1, BE-3.5, BE-3.6, and BE-3.8 promote electrification of existing
residential and commercial buildings, which may require minor construction to modify the electrical
and natural gas connections to existing buildings. CAP Update Actions TR-1.1 through TR-1.5 would
encourage development of new bicycle infrastructure, which may involve construction activities to
create new bike lanes and bike/pedestrian paths throughout Cupertino. CAP Update Adions TR-3.2,
TR-3.4, and TR-3.12 would incentivize or require the installation of new EV charging stations. In
addition, CAP Update Action CS-1.3 seeks to plant additional trees throughout Cupertino, which may
require the use of construction equipment for the moving and placement of trees. These actions
may result in small scale construction activities in the future that could result in temporary water
quality impacts due to soil erosion and ground disturbance, as further discussed under Response 10c
and in Section 7, Geology and Soils.
However, CAP Update projects and actions would be reviewed for consistency with local and State
regulations, including the NPDES permitting program that requires implementation of Stormwater
Pollution Prevention Plans (SWPPPs) and the CMC Chapter 16.08, Excavations, Grading, and
Retaining Walls, and CMC Chapter 9.18, Stormwater Pollution Prevention and Watershed
Protection, that include erosion and sediment control standards.loLlo2 These regulations require
BMPs to reduce water quality impacts from construction activities. Compliance with the CMC
and/or NPDES permitting program would ensure that BMPs are implemented during construction to
minimize potential impacts to surface and groundwater quality. As such, the CAP Update's related
infrastructure and retrofit projects would not result in new or different wastewater discharge that
would violate water quality standards, waste discharge requirements, or otherwise degrade surface
or groundwater quality. Therefore, the CAP Update and GHG Emissions Thresholds would result in a
less-than-significant impact related to surface or groundwater water quality in Cupertino.
b. Wouldtheprojectsubstantiallydecreasegroundwatersuppliesorinterferesubstantiallywith
groundwater recharge such that the project may impede sustainable groundwater management
of the basin?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
result in construction or operational impads related to groundwater supplies. Likewise, the CAP
Update does not propose development or land use changes, but rather is a policy document
containing strategies intended to reduce GHG emissions and increase sustainability. CAP Update
Measure WW-1 seeks to decrease community water use through water efficiency retrofits and
sustainable landscaping and irrigation. Reduced water use within Cupertino would aid in
maintaining groundwater supplies. Additionally, the CAP Update includes Measure CS-1 which
lol Cupertino, City of. 2022. Cupertino Municipal Code Chapter 16.08. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
lo2 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 9.18. Available:
<https://codelibrary.amlegal.com/codes/cupertlno/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
Final Initial Study-Negative Declaration 83
City of Cupertino
Climote Action Plan Update & CEQA GHG Emissions Thresholds
facilitates the preparation of an Urban Forest Master Plan and requires planting and maintaining
new trees throughout Cupertino. Encouragement of tree planting and thus provision of pervious
areas in Cupertino would increase groundwater recharge. As such, implementing the CAP Update
would have a beneficial effect related to local groundwater recharge as well as support
groundwater management in Cupertino. Therefore, the CAP Update and GHG Emissions Thresholds
would result in no impact related to impedance of sustainable groundwater management.
c. Wouldtheprojectsubstantiallyaltertheexistingdrainagepatternofthesiteorarea,including
through the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner which would:
Result in substantial erosion or siltation on- or off-site?
Substantially increase the rate or amount of surface runoff in a manner which would result
in fiooding on- or off-site?
Create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff?
Impede or redirect flood flows?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to alterations in drainage patterns and
impervious surfaces. Likewise, the CAP Update does not propose specific development or land use
changes, but rather emphasizes strategies intended to reduce GHG emissions and increase
sustainability in Cupertino. Implementation of several CAP Update measures and actions may
promote infrastructure development and small-scale construction activities within Cupertino. CAP
Update Actions BE-2.4, BE-2.6, BE-2.7, BE-2.9 through BE-2.11, BE-3.1, BE-3.5, BE-3.6, and BE-3.8
promote electrification of existing residential and commercial buildings, which may require minor
construction to modify the electrical and natural gas connections to existing buildings. CAP Update
Actions TR-1.1 through TR-1.5 would encourage development of new bicycle infrastructure, which
may involve construction activities to create new bike lanes and bike/pedestrian paths throughout
Cupertino. CAP Update Actions TR-3.2, TR-3.4, and TR-3.12 would incentivize or require the
installation of new EV charging stations. In addition, CAP Update Action CS-1.3 seeks to plant
additional trees throughout Cupertino, which may require the use of construction equipment for
the moving and placement of trees.
Implementation of these CAP Update actions would primarily occur within previously developed
areas and would not result in substantial alterations to Cupertino's existing drainage pattern and
amount ofimpervious suface. Construction of CAP Update projects could result in erosion as
discussed in Section 7, Geology and Soils. However, impacts to drainage and water quality during
construction would be minimized through the implementation of BMPs as required by the CMC and
NPDES Construction General Permit program. In addition, CAP Update projects would be in
accordance with the Cupertino General Plan Environmental Resources Element, which includes
goals and policies for the protection and preservation of creeks, streams, and groundwater within
Cupertino.lo3 Furthermore, CAP Update Measure CS-1 would increase trees and associated
permeable surfaces within Cupertino, which would improve drainage and water quality. Therefore,
the CAP Update and GHG Emissions Thresholds would not substantially alter drainage patterns or
lo3 Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
l'j
84
Environmental Checklist
Hydrology and Water Quality
impervious surface within Cupertino and impacts related to erosion, flooding, and polluted runoff
would be less-than-significant impact.
d. Would the project result in fjood hazard, tsunami, or seiche zones, risk release of pollutants due
to project inundation ?
Cupertino is not located within designated seiche or tsunami zones. A small portion of Cupertino is
within the 100-year flood zone and most of the western and central areas of Cupertino are within
the 500-year flood zone defined by Federal Emergency Management Agency (FEMA).lo4 Therefore,
areas of Cupertino are at risk of flooding.
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to flooding and the risk of pollutants. Likewise,
the CAP Update does not propose specific development or land use changes, but rather emphasizes
strategies intended to reduce GHG emissions and increase sustainability in Cupertino.
Implementation ofseveral CAP Update measures and actions may promote infrastructure
development and small-scale construction activities within Cupertino. As described under Response
10c., CAP Update projects would not impede or redirect flood flows, and as discussed under
Response 9a. and 9b. in Section 9, Hazards and Hazardous Materials, CAP Update projects would
generally not involve the regular use or storage of hazardous materials with the exception of battery
energy storage that include the storage of lithium-ion batteries. Future CAP Update projects, such as
battery energy storage facilities, would be reviewed for compliance with the applicable local and
State regulations related to flooding and hazardous materials use and storage, including CMC
Chapter 9.12, Hazardous Materials Storage, and CBC standards for construction within flood-prone
areas.lo5 Furthermore, any projects associated with implementation of the CAP Update located in
flood-prone areas must comply with CMC Chapter 16.52, Prevention of Flood Damage, which
provides requirements to mitigate potential flood risks.lo6 Therefore, the CAP Update and GHG
Emissions Thresholds would result in a less-than-significant impact related to flooding and
inundation resulting in release of pollutants.
e. Wouldtheprojectconflictwithorobstructimplementationofawaterqualitycontrolplanor
sustainable groundwater management plan ?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to obstruction of a water quality control plan.
The CAP Update would not include activities that would result in the direct extraction of
groundwater. Rather, the CAP Update encourages water savings through Measure WW-1. The CAP
Update would notinterfere with or obstruct implementation of water quality standards or waste
discharge requirements or otherwise substantially degrade suface or ground water quality.
Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact related to
consistency with a water quality control plan or sustainable groundwater management plan.
lo4 Cupertino, City of. 2014. General Plan EIR. Available: <http://64.165.34.13/weblink/0/doc/39M41/Electronic.aspx>. Accessed
February 7, 2022.
lo5 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 9.12. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
lo6 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 16.52. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
Final Initial Study-Negative Declaration 85
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would resultin an anticipated total population of 65,690 by 2030.lo7 As a guidance
document, the GHG Emissions Thresholds would not result in any development or land use changes
that could result in cumulative impacts related to hydrology. Implementation of the CAP Update and
GHG Emissions Thresholds would not contribute to an increase in development but could result in
infrastructure development projects and minor construction activities. As such, implementation of
the CAP Update and other cumulative projects could have incremental impacts related to hydrology
and water quality, such as erosion and sedimentation due to construction activities. However, the
CAP Update's contribution to such impacts would be minor and temporary, and the CAP Update
would have the long-term effect of reducing water use. Furthermore, CAP Update-related projects,
in combination with other cumulative projects anticipated under Cupertino General Plan buildout,
are not anticipated to contribute to cumulative hydrology and water qualityimpacts with adherence
to applicable Cupertino General Plan and CMC policies as well as applicable local, State, and federal
regulatory requirements. Therefore, implementation ofthe CAP Update would result in an overall
less-than-significant cumulative impact related to hydrology and water quality.
lo7 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
86
Environmental Checklis+
Hydrology and Water Quality
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Final Initial Study-Negative Declaration 87
City of Cuperfino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
'Potentially
S!griiftcint
Impact
L6'thein
Sigri!ficar;t
with
Mrtigation
-Incorporated
,Less %,
Sigriifica;6t
lmpa4
No
ImpacF
Would the project:
a. Physically divide an established
community?a
b. Cause a significant environmenta! impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
envii-onmental effect?a
a. Would the project physically divide an established community?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
resutt in construction Or operational impacts related to division of an established community.
Likewise, the CAP Update is a policy document containing strategies that are consistent with the
Cupertino General Plan and does not include actions or specific development projects that would
divide an established community. CAP Update Measures TR-1 and TR-2 facilitate the provisioning of
new bike and pedestrian infrastructure and amenities, improved publictransit connectivity, and
enhanced safety and active transportation throughout the community. Such actions would help to
increase connectivity within the Cupertino community. Therefore, the CAP Update and GHG
Emissions Thresholds would result in no impact related to division of an established community.
b. Wouldtheprojectcauseasignificantenvironmentalimpactduetoaconflictwithanylanduse
plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
effect?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning and, thus, would not result in a construction or operational conflict
with land use plans and policies. Rather, the GHG Emissions Thresholds would establish GHG
emissions targets and analysis methodologies consistent with the goals established by the CAP
Update that are enforced during CEQA review with the intention of reducing GHG emissions
associated with construction and operation of future projects and plans in the City. Likewise, the
CAP U pdate is a policy document containing programs that are consistent with the City's General
Plan, including General Plan Goal ES-1 and Strategy ES-1.1.1, that direct the City to adopt and
maintain a CAP that allows for CEQA streamlining.lo8 Nonetheless, implementing the CAP Update
would require some modification of existing policies, including developing and implementing new
programs, and projects, or modifying existing ones.
lo8 Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertlno.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
88
Environmental Checklist
Land Use and Planning
For example, CAP Update Measure BE-2, BE-3, and BE-4include adoption of new building
ordinances or updates to the existing municipal code to require building electrification for new and
existing developments. CAP Update Measure TR-1 and TR-3 may involve updates to the municipal
code to require bicycle parking and EV charging infrastructure in new and existing developments.
CAP Update Measure TR-5 would include adoption of an ordinance to phase out the use of gasoline-
powered off-road equipment. In addition, CAP Measure W-1 would involve the adoption of new
plans and policies related to the reduction of single-use plastics, construction and demolition debris,
and organic food waste to reduce the amount of waste going to the landfill, while CAP Update
Action CS-2.4 includes adoption of an embodied carbon emissions ordinance that encourages or
requires carbon to be sequestered in building materials. Lastly, CAP Measure WW-1 would include
an ordinance to reduce water use by requiring water efficient fixtures, plumbing, and landscaping
irrigation for residential land uses. In order to implement these measures, the CMC, Cupertino
General Plan, and other applicable City documents may need to be amended to reflect new or
modified requirements. However, where modifications of existing policies are needed, such as
updates to policies related to energy, solid waste, EV infrastructure, and active transportation, the
CAP Update measures and actions would result in greater avoidance or reduction of environmental
effects. Furthermore, future updates to existing policies or via new proposed policies would require
a separate public review process and environmental review in accordance with applicable local and
State regulations. Therefore, the CAP Update and GHG Emissions Thresholds would result in no
impact related to consistency with current land use plans or policies.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Bui!dout ofthe General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030. lo9 The CAP Update and
GHG Emissions Thresholds are policy documents containing programs that are consistent with the
City's General Plan goals to increase sustainability and reduce Cupertino's contribution to climate
change impacts. Nonetheless, implementing the CAP Update and GHG Emissions Thresho!ds would
require some modification of existing policies, including developing and implementing new
programs, and projects, or modifying existing ones. The proposed policy changes are consistent with
the intent of the goals and policies established within the City General Plan and would not
cumulatively contribute to any environmental impacts. Cumulative projects, including the CAP
Update, would be required to adhere to City development regulations and Cupertino General Plan
policies to retain land use character and minimize environmental impacts. Future CAP Update-
related projects and actions would be reviewed for consistency with the Cupertino General Plan,
CMC, and other applicable regulatory land use actions prior to approval and would have the overall
effect of greater avoidance or reduction of environmental effects. Therefore, implementation of the
CAP Update and GHG Emissions Thresholds would result in no cumulative impact related to land
use.
lo9 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 89
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Poteptially.
Signifigant
Impact
;e:ai ttiin
Significant
'with
Mitigatiqn
Incorporated
Less than
Sigoificant
Impact
No :
lmpac3 ,'
Would the project:
a. Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state?a a
b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan, or other land use plan?a
a. Wouldtheprojectresultinthelossofavailabilityofaknownmineralresourcethatwouldbeof
value to the region and the residents of the state?
b. Would the project result in the loss of availability of a locally important mineral resource
recovery site delineated on a local general plan, specific plan, or other land use plan?
The Cupertino General Plan Environmental Resources and Sustainability Element does not identify
any mineral resources or active mineral resources recovery sites within Cupertino city limits. A small
portion of Cupertino in the southwest of Cupertino was in use as a quarry in the past, but this
operation ceased in the 1970s and minerals in that area have been depleted. Ilo Furthermore, the
CAP Update and GHG Emissions Thresholds would not facilitate development projects within the
City that could result in the loss of availability of known mineral resources. Therefore, the CAP
Update and GHG Emissions Thresholds would result in no impact related to mineral resource.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.111 The Cupertino
General Plan does not identify mineral resources or active mineral resource exLiacLiuii upeialions
within Cupertino. As such, CAP Update projects and the GHG Emissions Thresholds, in combination
with other cumulative projects anticipated under Cupertino General Plan buildout, are not
anticipated to contribute to cumulative impacts to mineral resources. Thus, implementation ofthe
CAP Update and GHG Emissions Thresholds would result in no cumulative impact related to mineral
resources.
Ilo Cupertino, City of. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
Ill Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
90
Environmental Checklis+
Mineral Resources
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Final Initial Study-Negative Declaration 91
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Potentially
Significant
'Impact
Leis.than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Would the project result in:
a. Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?a
b. Generation of excessive groundborne
vibration or groundborne noise levels?a
c. For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?a a
a. Wouldtheprojectresultinexposureofpersonstoorgenerationofnoiselevelsinexcessof
standards established in the local general plan or noise ordinance, or applicable standards of
other agencies?
Noise is unwanted sound that disturbs human activity. Environmental noise levels typically fluctuate
over time, and different types of noise descriptors are used to account for this variability. Noise
level measurements include intensity, frequency, and duration, as well as time of occurrence. Noise
level (or volume) is generally measured in decibels (dB) using the A-weighted sound pressure level
(dBA). Because of the way the human ear works, a sound must be about 10 dBA greater than the
reference sound to be judged as twice as loud. In general, a 3 dBA change in community noise levels
is noticeable, while 1-2 dBA changes generally are not perceived. Quiet suburban areas typically
have noise levels in the range of 40-50 dBA, while arterial streets are in the 50-60+ dBA range.
Normal conversational levels are in the 60-65 dBA range, and ambient noise levels greater than 65
dBA can interrupt conversations.
Noise levels typically attenuate (or drop off) at a rate of 6 dBA per doubling of distance from point
sources (such as construction equipment). Noise from lightly traveled roads typically attenuates at a
rate of about 4.5 dBA per doubling of distance. Noise from heavily traveled roads typically
attenuates at about 3 dBA per doubling of distance, while noise from a point source typically
attenuates at about 6 dBA per doubling of distance. Noise levels may also be reduced by the
introduction of intervening structures. For example, a single row of buildings between the receptor
92
Environmental Checklist
Noise
and the noise source reduces the noise level by about 5 dBA, while a solid wall or berm that breaks
the line-of-sight reduces noise levels by 5 to 10 dBA.
The Cupertino General Plan Health and Safety Element identifies roadway traffic as the major
source of noise within Cupertino. In addition, railroads, mechanical equipment, and aircraft
overhead also contribute to the noise environment of Cupertino. The Cupertino General Plan Health
and Safety Element and CMC Chapter 10.48, Community Noise Control, aim to ensure appropriate
noise levels considered compatible for community noise environments.ll' 113 The City's normally
acceptable exterior noise exposure standards (CNEL) are shown belowin Table 5.
Table 5 Land Use Compatibility for Community Noise Exposure
Residential- Low Density 60 dB or less 55-70 dB 71-75 dB Over 75 dB
Residential- Multi-family 65 dB or less 60-70 dB 71-75 dB Over 75 dB
Motels and Hotels 65 dB or less 60-70 dB 71-80 dB Over 80 dB
Schools, Libraries, Hospitals,
Nursing Homes, Churches
70 dB or less 60-70 dB 71-80 dB Over 80 dB
Auditoriums, Concert Halls,
Amphitheaters
n/a 70 dB orless n/a Over 70 dB
Sports Arena, Outdoor Spectator
Sports
n/a 75 dB orless n/a Over 75 dB
Playgrounds and Neighborhood
Parks
70 dB or less n/a 67-75 dB Over 75 dB
Golf Courses, Riding Stables, Water
Recreation, Cemeteries
75 dB or less n/a 70-80 dB Over 80 dB
Office Buildings, Commercial and
Professional Centers
60 dB or less 67-77 dB Over 75 dB n/a
Industrial, Manufacturing, Utilities,
Agriculture
75 dB or less 70-80 dB Over 75 dB n/a
Source: City of Cupertino General Plan Health and Safety Element, Figure HS-8
Construction noise is regulated by CMC Section 10.48.053, Grading, Construction and Demolition,
which provides an exemption to the noise regulations for construction occurring between the hours
of 7:00 am and 8:00 pm on weekdays and 9:00 am to 6:00 pm on weekends. Construction noise is
permitted during the above specified house provided that one of the following conditions is met:
No individual device produces a noise level more than eighty-seven dBA at a distance of twenty-
five feet (7.5 meters); or
The noise level at any nearby property does not exceed 80 dB.
112 Cupertino, City of. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
113 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 10.48. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
Final Initial Study-Negative Declaration 93
City of Cuperiino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
In addition, construction is not permitted within 750 feet of a residential area on Saturdays,
Sundays, and holidays unless it is an emergency.ll4
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to excessive noise levels. The CAP Update is a
policy document containing programs that are consistent with the General Plan. Some of the CAP
Update actions would support small scale construction projects that could result in temporary noise.
CAP Update Actions BE-2.4, BE-2.6, BE-2.7, BE-2.9 through BE-2.11, BE-3.1, BE-3.5, BE-3.6, and BE-
3.8 that promote electrification of existing residential and commercial buildings, which may'require
minor construction to modify the electrical and natural gas connections to existing buildings. CAP
Update Actions TR-1.1 through TR-1.5 would encourage development of new bicycle infrastructure,
which may involve construction activities to create new bike lanes and bike/pedestrian paths
throughout Cupertino. CAP Update Actions TR-3.2, TR-3.4, and TR-3.12 would incentivize or require
the installation of new EV charging stations. In addition, CAP Update Action CS-1.3 seeks to plant
additional trees throughout Cupertino, which may require the use of construction equipment for
the moving and placement of trees. However, CAP Update projects and actions would be reviewed
for consistency with the Cupertino General Plan and CMC, and construction activities would be
required to comply with the provisions of the CMC Chapter 10.48, Community Noise Control,
including the permitted construction hours and maximum noise limits.ll5 Therefore, the CAP
Update would not result in significant construction noise related impacts.
The CAP Update does notinclude future projects that would result in substantial operational noise.
Rather, the CAP Update encompasses a suite of GHG-reduction opportunities that affect the
transportation sector and its associated noise. For example, CAP Update Strategies TR-I through
TR-5 encourage adoption of EVs and electric small engine and off-road equipment, which are
quieter than gas-powered alternatives, disincentivize the use of gasoline-powered vehicles, and
facilitate improvements to bicycle and publictransit circulation to increase active transportation and
transit ridership and decrease VMT. These strategies would reduce traffic-related noise in
Cupertino, which is the major source of noise pollution identified in the General Plan Health and
Safety Element.ll6 In addition, CAP Update Action TR-5.3 woutd seek to increase the use of electric
landscaping aligning with the provisions of CMC Section 10.48.051, Landscape Maintenance
Activities, that seeks to reduce noise related to landscaping equipment use. Therefore, the CAP
Update and GHG Emissions Thresholds would not generate excessive noise levels; thus, there would
be a less-than-sigQicant impact related to noise exposure.
b. Woujd the project result in exposure of persons to or generation of excessive groundborne
vibmtion or groundborne noise levels?
While people have varying sensitivities to vibrations at different frequencies, in general they are
most sensitive to low-frequency vibration. Vibration in buildings, such as from nearby construction
activities, may cause windows, items on shelves, and pictures on walls to rattle. Vibration of building
components can also take the form of an audible low-frequency rumbling noise, referred to as
114 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 10.48. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
us Ibid.
116 Cupertino, City of. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
94
Environmental Checklist
Noise
groundborne noise.ll7 Although groundborne vibration is sometimes noticeable in outdoor
environments, it is almost never annoying to people who are outdoors. The primary concern from
vibration is that it can be intrusive and annoying to building occupants and vibration-sensitive land
uses.
Vibration amplitudes are usually expressed in peak particle velocity (PPV) or Root Mean Square
(RMS) vibration velocity. The PPV and RMS velocity are normally described in inches per second
(in/sec). PPV is defined as the maximum instantaneous positive or negative peak of a vibration
signal. PPV is often used in monitoring of blasting vibration because it is related to the stresses that
are experienced by buildings.ll8 Vibration significance ranges from approximately 50 vibration
decibels (VdB), which is the typical background vibration-velocity level, to 100 VdB, the general
threshold where minor damage can occur in fragile buildings. The general human response to
different levels of groundborne vibration velocity levels is described in Table 6.
Table 6 Human Response to Different Levels of Groundborne Vibrationll9
VibrationVelocityLevel HumanReaction-,:. -..-l ' -L"
65 VdB Approximate threshold of perception for many people
75 VdB Approximate dividing line between barely perceptible and distinctly perceptible. Many
people find that transportation-related vibration at this level is unacceptable.
85 VdB Vibration acceptable only if there are an infrequent number of events per day
VdB =vibration decibels
Source: Federal Transit Administration Transit Noise and Vibration Impact Assessment Manual
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to groundborne vibration. The CAP Update is a
policy document containing programs that are consistent with the Cupertino General Plan. Some of
the proposed CAP Update measures and actions would support small-scale construction projects,
such as EV charging station construction and new bicycle lanes, that may result in a temporary,
minor increase in groundborne vibration during construction. However, CAP Update projects would
be subjed to review by the City for compliance and consistency with the Cupertino General Plan
and CMC and construction activities would be required to comply with applicable local, State, and
federal regulations to ensure that temporary construction impacts related to groundborne vibration
would not occur. Furthermore, CAP Update projects would not include operational sources of
groundborne vibration. Thus, the CAP Update and GHG Emissions Thresholds would result in a less-
than-significant impact related to groundbourne vibration.
117 Caltrans. 2020. Transportation and Construction Vibration Guidance Manual (CT-HWANP-RT-13-069.25.3). Available:
<https://dot.ca.gov/-/media/dot-media/programs/environmental-analysis/documents/env/tcvgm-apr2020-ally.pdf>. Accessed February
24, 2022.
118 Federal Highway Administration (FHWA). 2006. FHWA Highway Construction Noise Handbook. (FHWAHEP-06-015; DOT-VNTSC-
FHWA-06-02). Available: <https://www.fhwa.dot.gov/Environment/noise/constructionnoise/handbook/handbook00.cfm>. Accessed
February 24, 2022.
119 Federal Transit Administration. 2018. Transit Noise and Vibration Impact Assessment Manual.
<https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-
manual-fka-report-no-Ol230.pdf>. Accessed February 24, 2022.
Final Initial Study-Negative Declaration 95
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where
such a plan has not been adopted, within two miles of a public airport or public use airport,
would the project expose people residing or working in the project area to excessive noise levels?
Cupertino does not contain any airports and is not within the airport land use plan or noise contours
for the nearest airport, the San Jose International Airport.l2o Furthermore, the GHG Emissions
Thresholds and CAP Update are poficy documents that would not increase airport activity or result
in additional habitable development or commercial development that could increase potential
exposure of residents and employees to aircraft-related noise. Therefore, the CAP Update and GHG
Emissions Thresholds would result in no impact related to aviation-related noise exposure.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would resultin an anticipated total population of 65,690 by 2030.l2lThe CAP Update and
GHG Emissions Thresholds are policy documents containing programs that are consistent with the
Cupertino General Plan Health and Safety Element. As a guidance document, the GHG Emissions
Thresholds would not result in any development or iand use changes that could result in cumulative
impacts related to noise. However, future CAP Update-related projects, in combination with other
cumulative projects anticipated under Cupertino General Plan buildout, would support construction
projects, such as EV charging station construction, that may result in a temporary increase in
groundborne vibration or noise levels. However, cumulative projects, including CAP Update
projects, would be subject to review by the City for compliance with the Cupertino General Plan and
CMC and would be required to comply with applicable local, State, and federal regulations
governing construction noise and vibration. Additionally, the CAP Update encompasses a suite of
GHG-reduction opportunities that would decrease VMT and traffic-related noise. As such,
implementation ofthe CAP Update would not generate permanent, excessive groundborne
vibration or noise levels. Therefore, the CAP Update and GHG Emissions Thresholds would result in
an overall less-than-significant cumulative impact related to noise.
12o Cupertino, City of. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
121 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
96
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Noise
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Final Initial Study-Negative Declaration 97
City of Cuperfino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant No
Impad Impad
Would the project:
a. Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?a
b. Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?a
a. Would the project induce substantial unplanned population growth in an area, either directly
(for example, by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b. Displacesubstantialnumbersofexistingpeopleorhousing,necessitatingtheconstructionof
replacement housing elsewhere?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to substantial unplanned population growth or
the displacement of existing people or housing. Likewise, the CAP Update is a policy document
containing measures and actions to increase sustainability and does not include any programs that
would result in new housing or jobs or alterations to existing housing. In addition, the CAP Update
does not propose new infrastructure, such as roadways or utilities, that could indirectly lead to new
population growth or development. Therefore, the CAP Update would not directly increase the
population, indirectly induce additional unplanned population growth, or displace people or
housing. Therefore, the CAP Update and GHG Emissions Thresholds would result in
no impact related to population and housing.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.122 As a guidance
document, the GHG Emissions Thresholds would not result in any development or land use changes
that could resultin cumulative impacts related to population and housing. Similarly, CAP Update
projects, in combination with other cumulative projects anticipated under Cupertino General Plan
122 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
98
Environmental Checklist
Population and Housing
buildout, are not anticipated to displace people or housing nor induce substantial unplanned
population growth within Cupertino. Specifically, the CAP Update would not contribute to person or
housing displacement in Cupertino nor result in population growth beyond that already assumed
and planned forin the Cupertino General Plan and in accordance with Cupertino 2040 population
projections. Therefore, the CAP Update and GHG Emissions Thresholds would result in no
cumulative impact related to population and housing.
Final Initial Study-Negative Declaration 99
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Potentially
Sigi,ificant
Impact
Less than
Sigriificant
with
Mitigation
Incorporated
Less than
Significar;t
Impact Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
Bovernmental facilities, or the need for
new or physically altered governmental
facilities, the construction of which could
cause significant environmental impacts, in
order to maintain acceptable service ratios,
response times or other performance
objectives for any of the public services:
1. Fire protection?s
2. Police protection?s
3. Schools?a
4. Parks?a
5. Otherpublicfacilities?a
a. Wouldtheprojectresultinsubstantiaiadversephysicalimpactsassociatedwiththeprovisionof
new or physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
Fire protection ?
Police protection ?
Schools?
Parks?
Other public facilities?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to public services. The CAP Update is a policy
document containing programs that are consistent with the Cupertino General Plan.
Implementation of the CAP U pdate and its proposed measures and actions would not result in
increases in population or new employment opportunities that could induce population growth, as
further discussed in Section 14, Population and Housing. As such, the CAP Update would not require
the construction of new or physically altered governmental facilities to serve additional population,
the construction of which could cause significant environmental impacts. CAP Update Strategy (l
100
Environmental Checklist
Public Services
CRW-1 and Actions 58 and 59 would help to increase community resiliency and reduce vulnerability
to the impacts of climate change and mitigate hazards such as flooding and wildfire within
Pleasanton, thereby reducing the burden on local public services related to such natural disasters.
Furthermore, future CAP 2.0 projects and actions would be reviewed for consistency with the
Pleasanton General Plan and other applicable local and State regulations related to public services.
Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact related to
public services in terms of need for the construction of new or altered governmental facilities.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element U pdate. Buildout of the General Plan and in-progress Housing Element U pdate in
Cupertino would result in an anticipated total population of 65,690 by 2030.123 As a guidance
document, the GHG Emissions Thresholds would not result in cumulative impacts related to public
services and facilities. Likewise, implementation of CAP Update projects, in combination with other
cumulative projects anticipated under Cupertino General Plan buildout, would not result in
increases in population orinduce additional population growth beyond that assumed under the
Cupertino General Plan and in accordance with Cupertino 2040 population projections. Therefore,
implementation of the CAP Update would not result in substantial cumulative need to expand public
services facilities. Thus, CAP Update and GHG Emissions Thresholds would result in an overall Less-
than-significant cumulative impact related to public services.
123 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 101
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
aPote-ntiajly
Sigpificant
Impact
Less than
Significant
with
Mitigatjon
Incorporated
Less than
Significant
Impad
No
Imp:act
Would the project:
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?a
b. Include recreational facilities or require the
construction or expansion of recreational
facilities which might have an adverse
physical effed on the environment?s
a. Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such thatsubstantiaj physical deterioration of the facility would occur or be
accelerated?
b. Would the project include recreational facilities or require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment?
Cupertino is a primarily urbanized community with parks and recreational spaces incorporated
throughout Cupertino. There are a total of 165 acres of City-owned public parks in Cupertino, and
220 acres of regional parks and trails are available in the vicinity of Cupertino. The Cupertino
General Plan Recreation, Parks, and Community Services Element identifies goals, policies, and
programs to manage the local parks and recreational facilities and protect open space resources
within Cupertino.l24 The GHG Emissions Thresholds is a guidance document and does not propose
development or changes to land use and zoning. Thus, implementation of the GHG Emissions
Thresholds would not result in construction or operational impacts related to parks or recreational
facilities. The CAP Update is a policy document containing programs that are consistent with
Cupertino's General Plan, including the recreation and open space policies established in the
Recreation, Parks, and Community Services Element. As described in Section 14, Population and
Housing, the CAP Update would not result in substantial population growth or direct land use
changes. As such, implementation of the CAP Update would not result in a substantial physical
deterioration of parks or other recreational facilities or result in the need to expand recreational
facilities. Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact
related to the need for construction of new or altered recreational facilities.
124 Cupertino, City of. 2014. General Plan Recreation, Parks, and Community Services Element. Available:
<httpS://reCOrds.Cupertino.Org/WebLink/dOCView.aSpX?dbid:0&id:87320l&rep0<ityOfCupertin0&Cr:1>0 ACCeSSed February 7, 2022.
102
Environmental Checklis+
Recreation
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.125 As a guidance
document, the GHG Emissions Thresholds would not result in cumulative impacts related to parks
and recreational facilities. Likewise, implementation of CAP Update projects, in combination with
other cumulative projects anticipated under Cupertino General Plan buildout, would not result in
increases in population or induce additional population growth beyond that assumed under the
Cupertino General Plan and in accordance with Cupertino 2040 population projections. Therefore,
implementation of the CAP Update would not resultin substantial cumulative deterioration of
recreational facilities or the need to construct new recreational facilities. Therefore, implementation
of the CAP Update and GHG Emissions Thresholds would result in no cumulative impact related to
recreation.
125 Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 103
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
5,ignifieant
with Less than
lV3iiigatiop -Sigffifica)it
.lncorpaor'ated Impaa
No
Impact
Would the project:
a. Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?a
b. Conflict oi- be inconsistent with CEQA
Guidelines section 15064.3 subdivision
(b)?a
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves ordangerous intersections) or
incompatible use (e.g., farm equipment)?a
d. Result in inadequate emergency access?sg a
a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation
system, including transit, roadway, bicycle and pedestrian facilities?
b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3,
subdivision (b)?
The Cupertino General Plan Mobility Element includes the following goals:
Goal M-1: Actively participate in re@ional planning processes to coordinate local planning
and to advocate for decisions that meet and complement the needs of Cupertino.
Goal M-2: Promote improvements to city streets that safely accommodate a!l
transportation modes and persons of all abilities.
Goal M-3: Support a safe pedestrian and bicycle street network for people of all ages and
abilities.
Goa) M-4: Promote local and regional transit that is efficient, frequent, and convenient and
reduce traffic impacts.
Goal M-5: Ensure safe and efficient pedestrian and bicycle access to schools while working
to reduce school-related congestion.
Goal M-6: Promote innovative strategies to provide efficient and adequate vehicle parking.
Goal M-7: Review and update TIA policies and guidelines that allow for adequate
consideration for all modes of transportation including automobiles, walking, bicycles and
transit.
a Goal M-8: Promote policies to help achieve state, regional and local air quality and
greenhouse gas emission reduction targets.
104
Environmental Checklist
Transportation
Goal M-9: Promote effective and efficient use of the city's transportation network and
services.
Goal M-10: Ensure that the City's transportation infrastructure is well-maintained for all
modes of transportation and that projects are prioritized on their ability to meet the City's
mobilities goals.l26
Additionally, the City adopted a Bicycle Transportation Plan in 2016 and Pedestrian Transportation
Plan in 2018 to make active transportation within Cupertino a safe and pleasant option by providing
a dedicated bicycle and pedestrian network. The Bicycle and Pedestrian Transportation Plans also
implement the Cupertino General Plan goals, policies, and programs related to complete streets by
building a blueprint for a system of bikeways and pedestrian facilities across Cupertino.l2' 128
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
result in construction or operational impacts related to conflict with a program, plan, ordinance, or
policy addressingthe transportation circulation system. The CAP Update is a policy document
containing strategies and policies that are consistent with the Cupertino General Plan Mobility
Element and Bicycle and Pedestrian Plans. CAP Update Measure TR-1 facilitates the continued
implementation of the Bicycle and Pedestrian Transportation plans and the development of new
bicycle and pedestrian facilities, including bike and pedestrian paths, secure bike parking, and bike
share and micro-mobility stations, in order to achieve a 15 percent bike mode share by 2030.
Similarly, CAP Update Measure TR-2 would implement improvements to the public transit system
and services, such as an expansion of the Via-Cupertino Shuttle service and free public transit pilot
programs, to achieve a 29 percent mode share for publictransit by 2030. Additionally, CAP Update
Measures TR-3 and TR-4 incentivize and facilitate EV adoption and a reduction in the use of
gasoline-powered vehicles, aligning with General Plan Goal M-8 to promote policies that help
achieve regional and State air quality and GHG emissions goals.
The CAP U pdate measures would advance active transportation and public transit within Cupertino
and decrease VMT and associated air pollutants and GHG emissions. The CAP Update measures
would be consistent with the Cupertino General Plan Mobility Element and Bicycle and Pedestrian
Transportation Plans goals related to improving multi-modal facilities, reducing VMT and single-
occupancy vehicles, encouraging active transportation, and reducing vehicle congestion within
Cupertino. Furthermore, the CAP Update would seek to reduce VMT within Cupertino, consistent
with CEQA Guidelines section 15064.3, subdivision (b). Therefore, the CAP Update and GHG
Emissions Thresholds would result in no impact related to consistency with plans addressing the
transportation circulation system.
126 Cupertino, City of. 2014. General Plan Mobility Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
127 Cupertino, City of. 2016. Bicycle Transportation Plan. Available:
<https://www
128 Cupertino, City of. 2018. Pedestrian Transportation Plan. Available:
<https://www.cupertino.org/home/showpublisheddocument/16864/636650034974470000>. Accessed February 24, 2022.
. Accessed February 24, 2022.
Final Initial Study-Negative Declaration 105
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
c. Wouldtheprojectsubstantiallyincreasehazardsduetoadesignfeature(e.g.,sharpcurvesor
dangerous intersections) or incompatible use (e.g., farm equipment)?
d. Wouldtheprojectresultininadequateemergencyaccess?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to risk associated with transportation design,
incompatible use, or emergency access. The CAP Update is a policy document containing strategies
that are consistent with the Cupertino General Pla,n, including the Mobility Element, and would not
facilitate development beyond that allowed under the Cupertino General Plan. I mplementation of
some CAP Update actions, such as Actions TR-1.1 through TR-1.5 that would provide for new bicycle
and pedestrian facilities and complete streets, may invo(ve construction within the local right-of-
way. Construction activities have the potential to require lane dosures and may impad traffic and
vehicle speeds on the affected roadways; however, these impacts would be temporary and access
to roadways would generally be maintained throughout project construction. Furthermore, future
projects involving work in the public right-of-way would be required to coordinate with the City to
ensure appropriate construction staging and adequate emergency access on adjacent roadways
pursuant to CMC Chapter 14.08, Encroachments and Use of City Rights-of-Way.l29 Compliance with
the CMC would ensure that significant impacts to the circulation system design, including safety
impacts and emergency access, would not occur. As such, construction of CAP Update projects
would not create transportation design hazards or result in inadequate emergency access.
Furthermore, the CAP Update would facilitate increased active transportation and public transit use
and decreased VMT within Cupertino, which in turn wouJd reduce potential transportation hazards
and congestion conditions that can hinder emergency response. Thus, the CAP Update and GHG
Emissions Thresholds would result in a less-than-signficant impact related to transportation
hazards and emergency access.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.l30The goals, policies,
objectives, measures, and actions included in the Cupertino General Plan Mobility Element and
Bicycle and Pedestrian Transportation Plans promote a safe and efficient transportation network
that serves all modes and the reduction of VMT and associated air pollutants and GHG. The GHG
Emissions Thresholds would not conflict with these goals or result physical projects and associated
cumulative impacts related to transportation. Likewise, the CAP Update measures and actions
would not conflict with the objectives and policies of the General Plan or Bicycle and Pedestrian
Transportation Plans but would rather be consistent with and promote those plans. Therefore, the
CAP Update and GHG Emissions Thresholds would result in an overall less-than-significant
cumulative impact related to transportation.
129 Cupertino, City of. 2022. Cupertino Municipal Code Chapter 14.08. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 22, 2022.
13o Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
(l
106
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Final Initial Study-Negative Declaration 107
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Potentiajy
Signijjcant
Impact
Less than
Significarit
ffiith
N7itigation
Incorporated
Less than
Significant
Impact Irri@act
Would the project cause a substantial adverse change in the significance of a tribal cultural
resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural
landscape that is geographically defined in terms of the size and scope of the landscape, sacred
place, or object with cultural value to a California Native American tribe, and that is:
a. Listed or eligible for listing in the California
Register of Historical Resources, orin a
local register of historical resources as
defined in Public Resources Code section
5020.1(k), or a a
b. A resource determined by the lead agency,
in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section
2024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1, the lead agency shall
consider the significant of the resource to a
California Native American tribe?a
a. Wouldtheprojectcauseasubstantialadversechangeinthesignificanceofatribalcultural
resource, defined in a Public Resources Code section 21074 as either 0 site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a California Native American tribe and that is listed
or eligible for listing in the California Register ofHistorical Resources, or in a /Oca/ register of
historical resources as defined in Public Resources Code § 5020.1 (k)?
b. Wouldtheprojectcauseasubstantialadversechangeinthesignificanceofatribalcultural
resource, defined in a Public Resources Code section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in terms of the size and scope of the landscape,
sacred place, or object with cultural value to o California Native American tribe and that is a
resource determined by the lead agency, in its discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section
2024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the significant of the resource to a California Native
American tribe?
On April 22, 2022, the eight following Native American Heritage Commission (NAHC)-identified local
Native American tribal groups were formally notified that the City initiated environmental review of
the CAP Update and GHG Emissions Thresholds and were invited to provide consultation:
( I
108
Environmental Checklist
Tribal Cultural Resources
Amah Mutsun Tribal Band
Amah Mutsun Tribal Band of Mission San Juan Bautista
Muwekma Ohlone Indian Tribe of the San Francisco Bay Area
North Valley Yokuts Tribe
Tamien Nation
Indian Canyon Mutsun Band of Costanoan
The Ohlone Indian Tribe
Wuksache Indian Tribe/Eshom Valley Band
Under AB 52, Native American tribes have 30 days to respond and request further project
information and formal consultation. Responses were received via email on April 24 and May 25,
2022 from the Muwekma Ohlone Indian Tribe of the San Francisco Bay Area and Indian Canyon
Mutsun Band of Costanoan, respectively. In email responses sent to the tribes on June 2, 2022, the
City indicated that it would keep the tribes informed of any future CEQA-related projects and
proceedings associated with the CAP Update and any tribal cultural resources or human remains
discovered during ground disturbing activities. The City of Cupertino will continue to comply with
the requirements of AB 52, and any consultation that takes place subsequent to the publication of
the Draft IS-ND will be incorporated into the results of the Final IS-ND.
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to tribal cultural resources. Likewise, the CAP
Update would not involve land use or zoning changes that would increase development within
Cupertino but would instead promote sustainable infrastructure development within the urbanized
area of Cupertino. As a policy document, the CAP Update would also not directly entail ground
disturbing activities. However, future implementation of CAP Update actions related to existing
building energy, EV charging infrastructure, active transportation, water conservation, and tree
planting may include construction activities with the potential to disturb previously undiscovered
tribal cultural resources, as discussed further below.
Eledrification retrofits associated with CAP Update Actions BE-2.4, BE-2.6, BE-2.7, BE-2.9 through
BE-2.11, BE-3.1, BE-3.5, BE-3.6, and BE-3.8 may change the physical environment through the need
for upgraded service and electrical panels, branch circuit upgrades, installation of condensate drains
to facilitate the installation of electric heat pumps for water and space heating, and ground
disturbance to remove nature gas infrastructure. The physical changes these upgrades would entail
are dependent on the year of building construction and location of electrical and service panels and
plumbing connedion of condensate drains, which sometimes may indude modifications to the
interior and/or exterior of buildings for wiring and panel replacement and minor excavation for
connection of drainage to sewer systems.
CAP Update Adions TR-1.1 through TR-1.5 would encourage development of new bicyde
infrastructure, which may involve construction activities to create new bike lanes and
bike/pedestrian paths throughout Cupertino. CAP Update Actions TR-3.2, TR-3.4, and TR-3.12 would
incentivize or require the installation of new EV charging stations. Installation of EV chargers and
new bike and pedestrian facilities would primarilyimpact previously disturbed areas within existing
parking lots and public rights-of-way. However, the physical changes these installations and
enhancements would entail are dependent on the location of construction for the EV charging
Final Initial Study-Negative Declaration 109
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Climate Action Plan Update & CEQA GHG Emissions Thresholds
connections and active transportation infrastructure, which in some cases may include minor
temporary excavation and grading.
CAP Update Action CS-1.3 seeks to plant additional trees throughout Cupertino, which may require
the use of construction equipment for the moving and placement of trees. These actions could
result in ground disturbance related to the construction of new infrastructure and planting new
trees.
Implementation ofthese CAP Update actions could impact unknown tribal cultural resources during
construction that involves below-grade activities in previously undisturbed soils. However, future
CAP Update projects would be located and designed strategically to reduce ground disturbance to
the maximum extent possible. In addition, CAP Update projects and actions would be reviewed for
consistency with applicab(e local, regional, and State tribal cultural and archaeological regulations
prior to final siting and construction and would be required to implement BMPs in accordance with
CMC Chapter 17.04, Standard Environmental Protection Requirements. CMC Chapter 17.04 includes
a requirement that projects within areas of known cultural resources as documented in the 2015
General Plan EIR and the archaeological or tribal cultural resources cannot be avoided, the project
must complete a subsurface evaluation for cultural resources in consultation with a tribal
representative. In addition, CMC Chapter 17.04includes standard requirements for all projects,
including worker environmental awareness training and a requirement during all ground disturbing
activities that if potential tribal cultural resources are unearthed, construction must be halted, the
City must be contacted, and a qualified professional must be hired to investigate and make
recommendations.l3l As such, tribal cultural resources would be protected prior to and/or upon
discovery and, thus, impacts would be reduced to a minimal level. Therefore, the CAP Update and
GHG Emissions Thresholds would result in a less-than-significant impact related to tribal cultural
resources.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
Cupertino would result in an anticipated total population of 65,690 by 2030.l32As a guidance
document, the GHG Emissions Thresholds would not result in construction projects and would not
affect tribal cultural resources. CAP Update projects, in combination with other cumulative projects
anticipated under Cupertino General Plan buildout, could increase the potential for adverse effects
to unknown tribal cultural resources in Cupertino. However, impacts to tribal cultural resources are
site-specific; accordingly, as required under applicable laws and regulations, potential impacts
associated with cumulative developments would be addressed on a case-by-case basis as
cumulative project details and locations become known. CAP Update projects and other cumulative
projects would be required to comply with the CMC Chapter 17.04, Standard Environmental
Protection Requirements, for the protection and proper treatment of any resources discovered
during ground disturbance, which would minimize the potential for significant impacts to tribal
cultural resources. Therefore, the CAP Update and GHG Emissions Thresholds would resultin a less-
than-significant cumulative impact related to tribal cultural resources.
131 Cupertlno, City of. 2022. Cupertino Municipal Code Chapter 17.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-96144>. Accessed February 16, 2022.
132 cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
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Climate Action Plan Update & CEQA GHG Emissions Thresholds
Less than
Significant
Pot.entially with Less than
Would the project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?a a
b. Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?s
c. 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?a
d. Generate solid waste in excess of State or
local standards, orin excess of the capacity
of local infrastructure, or otherwise impair
the attainment of solid waste reduction
goals?a
e. Comply with federal, state, and local
management and redudion statutes and
regulations related to solid waste?a
a. Would the project require or result in the relocation or construction of new or expanded water,
wastewater treatment or storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or relocation of which could cause significant
environmental effects?
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
have direct construction or operational impacts related to utilities and service systems. The CAP
Update is a policy document aimed at reducing water, solid waste, and energy consumption and
related GHG emissions and does not include site-specific infrastructure designs or project proposals.
Furthermore, implementation ofthe CAP Update would not resultin an increase in population and
112
Environmental Checklist
Utilities and Service Systems
housing, nor would it facilitate growth beyond that anticipated by the Cupertino General Plan. As
such, implementing the CAP Update would not create new demand related to water, wastewater,
stormwater drainage, electric power, natural gas power, or telecommunications utilities. However,
projects resultingfrom implementation ofthe CAP Update could include redevelopment and/or
restructuring of electricity and natural gas power facilities and infrastructure, as well as new local
renewable energy generation and storage and waterinfrastructure projects. Potential impacts
related to these strategies are discussed further below.
Water Supply Facilities/lnfrastructure
San lose Water and California Water Service are the water suppliers serving Cupertino. The water
service providers purchase their water from the Santa Clara Valley Water District, which sources its
water from the Rinconada Treatment Plan and groundwater wells.l33 The CAP Update and GHG
Emissions Thresholds would not result in new land uses that would contribute to an increase in
water use compared to existing conditions. Rather, CAP Update Measure WW-1 seeks to decrease
water consumption by 15 percent compared to 2018 levels. In addition, CAP Update Action WW-1.7
may involve the operation of a new brackish water/desalinization program that would increase
water supplies, if feasible. Construction and operation of any new brackish water/desalination
infrastructure by the Santa Clara Valley Water District (Valley Water) would require discretionary
review by Valley Water (the lead agency for that program) when project locations and details are
known and, thus, would be evaluated in accordance with CEQA at the time of such review. As the
CAP Update and GHG Emissions Thresholds would result in reduced water use, the relocation or
construction of new or expanded water facilities would not be required and impacts would be less-
than-significant.
Wastewater Treatment Facilities/lnfrasfructure
Cupertino Sanitary District (CSD) and Sunnyvale Sanitary operate the sanitary sewer systems serving
Cupertino. Wastewaterfrom the CSD is conveyed and treated at the San lose/Santa Clara Water
Pollution Control Plan (SJ/SCWPCP), while wastewatergenerated in the Sunnyvale Sanitary district is
treated by the City of Sunnyvale."-"' The CAP Update and GHG Emissions Thresholds would not
result in new land uses that would generate sanitary wastewater or otherwise contribute to an
increase in wastewater treatment requirements. The amount or characteristics of wastewater
treated at the SJ/SCWPCP or by the City of Sunnyvale would not change compared to existing
conditions with implementation of the proposed plans. Therefore, the CAP update and GHG
Emissions Thresholds would not require relocation or construction of new wastewater collection or
treatment infrastructure and no impactwoulr3 occur.
Stormwater Drainage Facilities/lnfrastructure
The City of Cupertino maintains a system of storm drains, gutters, and ditches to convey stormwater
generated during rain events. As discussed in Sedion 10, Hydrology and Water Quality, the GHG
Emissions Thresholds provide guidance during CEQA review, and do not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
have direct construction or operational impacts related to stormwater drainage facilities.
implementation of CAP Update Actions related to building electrification, renewable energy
133 Cupertino, City of. 2014. General Plan Infrastructure Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
134 Ibid.
Final Initial Study-Negative Declaration 113
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Climate Action Plan Update & CEQA GHG Emissions Thresholds
production and storage, transportation, water, and urban trees may promote infrastructure
developmentthatwould involve small-scale construction. Construction of projects implemented in
accordance with the CAP Update could result in erosion and potential changes to drainage patterns.
However, as described in Section 7, Geology and Soils, and Section 10, Hydrology and Water Quality,
CAP Update projects would be required to comply with local, State, and federal requirements during
construction that would control stormwater runoff, erosion, and potential impacts to the
stormwater drainage system. Furthermore, CAP Update Measure CS-1 encourages the planting of
additional urban trees within the community, which would help to reduce impermeable
groundcover and stormwater flows to the City's drainage facilities. Therefore, no impact related to
need for construction or expansion of stormwater drainage facilities and infrastructure would occur.
Electric Power FaciJities/fnfrastructure
Electric power service in the City is provided by SVCE using transmission infrastructure operated and
maintained by Pacific Gas & Electric (PG&E). The CAP Update and GHG Emissions Thresholds would
not involve new Jand uses or development that require new or additional eledric service. CAP
Update Measure BE-1 promotes the use of SVCE-supplied energy for residential and commercial
uses to increase the use of clean electricity. CAP Update Measure BE-2 through BE-4 promote
electrification of new and existing buildings. CAP Update Actions BE-3.7 and BE-3.8 support
installation of small-scale solar PV systems and battery storage facilities throughout Cupertino to
provide greener renewable electricity within Cupertino. In addition, CAP Update Measure TR-3
encourages new EV infrastructure throughout Cupertino. These CAP Update measures and actions
may slightly alter electricity demand within Cupertino. However, the CAP Update would serve as a
pathway to reduce GHG emissions, including emissions related to energy consumption, and other
beneficial environmental and sustainability effects. These benefits include a reduction in energy
consumption. Therefore, the CAP Update and GHG Emissions Thresholds would result in a less-than-
significant impact related to construction, expansion, or relocation of e(ectric power facilities and
infrastructure.
Natural Gas Power Facilities/Infrastructure
PG&E provides natural gas services to Cupertino. The CAP Update and GHG Emissions Thresholds
would not involve new land uses that require new or additional natural gas service that could
require the construction of new or expanded natural gas facilities. CAP Update Measures BE-2
through BE-4 would encourage or require building electrification in new and existing buildings to
reduce natural gas consumption within Cupertino. Implementation ofthese actions could involve
alterations, such as abandonment or removal, to existing natural gas infrastructure as natural gas
use is reduced. However, the CAP Update would serve as a pathwayto reduce GHG emissions,
including emissions related to energy consumption, and other beneficial environmental and
sustainability effects. These benefits include a reduction in natural gas consumption. Therefore, the
CAP Update and GHG Emissions Thresholds would result in a less-than-significant impact related to
construction, remova!, or relocation of natural gas power facilities and infrastructure.
Telecommunications Facilities/lnfrastructure
The city is served by existing telecommunications companies such as AT&T, Verizon, and Comcast.
The CAP Update would not alter existing telecommunications facilities and infrastructure and would
not involve new land uses or development that would require new telecommunications
114
Environmental Checklist
Utilities and Service Systems
infrastructure. Therefore, the CAP Update and GHG Emissions Thresholds would result in no impact
related to need for construction or expansion of telecommunication facilities and infrastructure.
b. Wouldtheprojecthavesufficientwatersuppliesavailabletoservetheprojectandreasonably
foreseeable future development during normal, dry and multipfe dry years?
c. 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 GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation of the GHG Emissions Thresholds would not
result in construction or operational impacts related to water supplies. Similarly, the CAP Update is
a policy-level document that does not include site-specificinfrastructure designs or project
proposals, nor does it grant entitlements for development that would have the potential to increase
demand for water supply or wastewater treatment. Rather the CAP U pdate contains measures and
actions to reduce water use, such as Measure WW-1, that includes actions to require water efficient
fixtures and landscaping irrigation, promote graywater use, and education the community on water
conservation. Thus, the CAP Update and GHG Emissions Thresholds would result in no impact
related to water supply and wastewater treatment.
d. Would the project generate solid waste in excess of State or Local standards, or in excess of the
capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction
goals?
e. Would the project comply with federal, State, and local management and reduction statutes and
regulations related to solid waste?
Recology South Bay is responsible for collecting and disposing of solid waste generated by
residential, commercial, and industrial customers in Cupertino. Waste generated in Cupertino is sent
to the Newby Island Sanitary Landfill, which has a maximum daily throughput of 4,000 tons of waste
per day and is permitted to operate through 2041.13'136
The GHG Emissions Thresholds is a guidance document and does not propose development or
changes to land use and zoning. Thus, implementation ofthe GHG Emissions Thresholds would not
result in construction or operational impacts related to solid waste. Likewise, the CAP Update would
not facilitate increased development and, thus, would result in an increase in solid waste collection
and disposal demand. Rather, the CAP Update includes measures and actions, such as Measures W-
la, W-lb, and W-2, that would reduce solid waste production, increase the diversion of organic and
food waste reduce construction and demolition debris, and increase participation in recycling
programs in order to minimize waste being sent to the landfill. Therefore, the CAP Update and GHG
Emissions Thresholds would result in no impact related to solid waste.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout of the General Plan and in-progress Housing Element Update in
135 Cupertino, City of. 2014. General Plan Infrastructure Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
136 CalRecycle. 2022. SWIS Facility/Site Activity Details: Newby Island Sanitary Landfill. Available:
<https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1362?sitelD=3388>. Accessed February 25, 2022.
Final Initial Study-Negotive Declaration 115
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Cupertino would result in an anticipated total population of 65,690 by 2030. 1370ther cumulative
projects anticipated under Cupertino General Plan buildout could result in increases in population
and additional use of or need for utilities and service systems. However, implementation of the GHG
Emissions Thresholds and CAP Update and related infrastructure projects would not contribute to
increases in population or induce additional population growth that would require additional use of
existing utilities or service systems. Rather, implementation of the CAP Update would result in
reduced energy and water consumption and solid waste and wastewater production. Thus,
implementation ofthe CAP Update GHG Emissions Thresholds would result in an overall less-than-
significant cumulative impact related to utilities and service systems.
" Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
116
l
Environmental Checklis+
Lltilifies and Service Systems
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Final Initial Study-Negative Declaration 117
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Climate Action Plan Update & CEQA GHG Emissions Thresholds
Potentially
Significant
Impact
Less than -
Significant
with
Mijtigation
Incorporated
Less than
Significant
Impact No Impact
If located in or near state responsibility areas or lands classified as very high fire hazard severity
zones, would the project:
a. Substantially impair an adopted
emergency response plan or emergency
evacuation plan?a
b. Due to slope, prevailing winds, and other
factors, exacerbate witdfire risks and
thereby expose project occupants to
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?a a
c. Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines or other utilities)
that may exacerbate fire risk or that may
result in temporary or ongoing impacts
to the environment?a a
d. Expose people or structures to significant
risks, including downslopes or
downstream flooding or landslides, as a
result of runoff, post-fire slope instability,
or drainage changes?a
a. lflocatedinornearStateresponsibilityareasorlandsclassifiedasveryhighfirehazardseverity
zones, would the project substantially impair an adopted emergency response plan or
emergency evacuation plan ?
b. IflocatedinornearStateresponsibilityareasorlandsclassifiedasveryhighfirehazardseverity
zones, would the project due to slope, prevailing winds, and other factors, exacerbate wildfire
risks and thereby expose projectoccupants to pollutantconcentrations from a wildfire or the
uncontrolled spread of a wildfire?
c. JflocatedinornearStr:iteresponsibilityareasorlandsdassifiedasveryhighfirehazardseverity
zones, would the project require the installation or maintenance of associated infrastructure
(such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may
exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
l 18
Environmental Checklist
Utilities and Service Systems
d. If located in or near State responsibility areas or lands classified as very high fire hazard severity
zones, would the project expose people or structures to significant risks, including downslopes or
downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage
changes?
According to the California Department of Forestry and Fire Protection (CalFIRE), the majority of the
Cupertino is not located in designated California Fire Hazard Severity Zones; however, Cupertino
contains and is adjacent to areas classified as moderate, high, and very high fire hazard severity
zones at the wildland fringes located at the southern and western borders of the City.l38 According
to the Cupertino General Plan Health and Safety Element, wildfire poses a high risk to portions of
Cupertino at the urban-wildland fringe. The central, urbanized portions of Cupertino are not subject
to wildfire risk.l39
Though there are areas within and adjacent to Cupenino that are at risk of wildfires, the CAP
Update and GHG Emissions Thresholds are policy-level documents that do not propose new
residential, commercial, or institutional development that could be at risk from wildfire, nor does
they grant entitlements for development that would have the potential to directly cause wildfire.
Rather, the CAP Update would aim to reduce Cupertino's contributions to and vulnerability to the
effects of climate change, such as drought, wildfire, and flooding. In addition, the CAP Update
includes Measures AR-2 and AR-3 to improve community preparedness and response to climate-
related hazards, including wildfire and associate air pollution risks. Thus, the CAP Update and GHG
Emissions Thresholds would result in no impact related to wildfire.
Cumulative Impacts
The cumulative projects scenario is buildout of the Cupertino General Plan and the in-progress
Housing Element Update. Buildout ofthe General Plan and in-progress Housing Element Llpdatein
Cupertino would result in an anticipated total population of 65,690 by 2030.l4oThe CAP Update and
GHG Emissions Thresholds do propose new habitable development that could be at risk from
wildfire, nor do they grant entitlements for development that would have the potential to cause
wildfire. Rather, the CAP Update includes measures and actions to the reduce the effects of climate
change, such as drought, wildfire, and flooding. Thus, the CAP Update and the GHG Emissions
Thresholds would result in no cumulative impact related to wildfire.
138 California Department of Forestry and Fire Protection (CalFIRE). 2022. Fire Hazard Severity Zone Viewer. Available:
<https://egis.fire.ca.gov/FHSZ/>. Accessed February 25, 2022.
139 Cupertino, City of. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCupertino&cr=1>. Accessed February 7, 2022.
14o Cupertino, City of. 2022. Future GHG Emissions Forecasts Memorandum.
Final Initial Study-Negative Declaration 119
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Climate Action Plan Update & CEQA GHG Emissions Thresholds
Pote;ntially
Significanj
Impact
Less than'
Significant
with Less than
Mitigation Significant
Incorporated Impact ImNpoact 'i
Does the project:
a. Have the potential to substantially degrade
the quality ofthe 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, substantially 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?s
b. 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, anJ lie t=ffects of
probable future projects)?a a
c. Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or indirectly?a
a. Doestheprojecthavethepotentialtosubstantiallydegradethequalityoftheenvironment,
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,
substantially 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?
The intent of the CAP Update and GHG Emissions Thresholds is to reduce GHG emissions from
Cupertino community operations through implementation of measures and actions related to
energy use, water consumption, transportation, solid waste, and carbon sequestration. The CAP
Update and GHG Emissions Thresholds are consistent with the Cupertino General Plan and
encourage residents, businesses, and institutions to reduce energy and water use, fuel use, VMT,
and solid waste generation and the associated GHG emissions. The CAP Update would not facititate
development that would eliminate or threaten wildlife habitats or eliminate important examples of
the major periods of California history or prehistory. Therefore, as discussed in more detail in
Section 4, Biological Resources, Section 5, Cultural Resources, and Section 18, Tribal Cultural
120
Environmental Checklist
Mandatory Findings of Significance
Resources, the CAP Update and GHG Emissions Thresholds would result in a less-than-significant
impact related to biological and cultural resources.
b. Doestheprojecthaveimpactsthatareindividualfylimited,butcumulativelyconsiderable?
("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)?
Implementation ofthe CAP Update would result in a cumulatively beneficial reduction of GHG
emissions and air pollutant emissions across Cupertino. In addition, as discussed throughout the
respective cumulative impacts discussions within this document, the CAP Update and GHG
Emissions Thresholds would not result in significant cumulative impacts. Rathe5 implementation of
the CAP Update would be consistent with Cupertino General Plan policies aimed at reducing
emissions of GHGs and air pollutants, reducing VMT, reducing energy and water supply demands on
utilities, and decreasing solid waste generation. Therefore, the CAP Update and GHG Emissions
Thresholds would result in an overall less-than-significant cumulative impact related to all CEQA
topics addressed within this document.
c. Does the project have environmental effects which will cause substantial adverse effects on
human beings, either directly or indirectly?
In general, impacts to human beings are associated with air quality, GHG emissions and climate
change, hazards and hazardous materials, noise, and transportation impacts. As detailed in the
preceding sections, the CAP Update and GHG Emissions Thresholds would not result, either directly
orindirectly, in substantial adverse effects related to air quality, GHG emissions, hazards, noise, and
transportation. As discussed in more detail in Section 3, Air Quality, Section 13, Noise, and Section
17, Transportation, the CAP Update could cause temporary construction impacts related to
transportation, air quality, and noise that could, in turn, affect human beings but would not result in
substantial adverse effects. In addition, as discussed throughout this document, the CAP Update
would serve as a pathway to reduce operational GHG emissions and would result in other positive
environmental and sustainability effects. These benefits include reduction in building energy and
water consumption, VMT, and solid waste generation and improved air quality. Therefore, the CAP
Update and GHG Emissions Thresholds would result in a less-than-significant impact related to
potential for adverse effects on human beings.
Final Initial Study-Negative Declaration 121
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Climate Action Plan Update & CEQA GHG Emissions Thresholds
References
List of Citations
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Bay Area Air Quality Management District (BAAQMD). 2017. Air Quality Standards and Attainment
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attainment-status>. Accessed February 17, 2022.
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California Department of Forestry and Fire Protection (CalFIRE). 2022. Fire Hazard Severity Zone
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Accessed February 25, 2022.
California Department ofTransportation (Caltrans). 2020. Transportation and Construction Vibration
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media/programs/environmental-analysis/documents/env/tcvgm-apr2020-ally.pdf>.
Accessed February 24, 2022.
(i
122
References
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6flaacaa>. Accessed February 16, 2022.
California Energy Commission (CEC). 2019. 2019 Buiiding Energy Efficiency Standards for Residential
and Nonresidential Buildings. Avai!able:
<https://www.energy.ca.gov/sites/default/files/2021-06/CEC-400-2018-020-CMF0.pdf>.
Accessed February 17, 2022.
. 2020. Electricity Consumption by County. Available:
<http://www.ecdms.energy.ca.gov/elecbycounty.aspx>. Accessed February 22, 2022.
California Geological Survey. 2022. Earthquake Zones of Required Investigation. Available:
<https://maps.conservation.ca.gov/cgs/EQZApp/app/>. Accessed February 22, 2022.
Cupertino, City of. 2014. General Plan EIR. Available:
<http://64.165.34.13/weblink/0/doc/391441/Electronic.aspx>. Accessed February 7, 2022.
. 2014. General Plan Land Use and Community Design Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCup
ertino&cr=l>. Accessed February 7, 2022.
. 2014. General Plan Environmental Resources and Sustainability Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCup
ertino&cr=l>. Accessed February 7, 2022.
. 2014. General Plan Health and Safety Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCup
ertino&cr=l>. Accessed February 7, 2022.
. 2014. General Plan Recreation, Parks, and Community Services Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCup
ertino&cr=l>. Accessed February 7, 2022.
. 2014. General Plan Mobility Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCup
ertino&cr=l>. Accessed February 7, 2022.
. 2014. General Plan Infrastructure Element. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCup
ertino&cr=l>. Accessed February 7, 2022.
. 2014. General Plan Appendix E: Geologic and Seismic Hazards. Available:
<https://records.cupertino.org/WebLink/docview.aspx?dbid=0&id=873201&repo=CityofCup
ertino&cr=l>. Accessed February 7, 2022.
. 2016. Bicycle Transportation Plan. Available:
<https://www.cupertino.org/home/showpublisheddocument/3479/636443578340030000>
. Accessed February 24, 2022.
. 2018. Pedestrian Transportation Plan. Available:
<https://www.cupertino.org/home/showpublisheddocument/16864/636650034974470000
>. Accessed February 24, 2022.
Final Initial Study-Negative Declaration 123
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
. 2019. ZoninB Map. Availabie at:
<https://www.cupertino.org/home/showpublisheddocument/13535/637279090319370000
>. Accessed February 17, 2022.
. 2022. About Cupertino. Available: <https://www.cupertino.org/our-city/about-cupertino>.
Accessed February 2, 2022.
. 2022. How to Get Around. Available: <https://www.cupertino.org/visitors/visiting-
cupertino/getting-around>. Accessed February 4, 2022.
. 2022. Draft Climate Action Plan Update. Available: <https://engagecupertino.org/climate-
action>. Accessed February 7, 2022.
. 2022. Cupertino 2019 Community GHG inventory and 2030 Community GHG Forecast.
. 2022. Future GHG Emissions Forecasts Memorandum.
. 2022. Cupertino Municipal Code Chapter 9.12. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-84023>.
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 9.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-84663>
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 10.48. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-85884>.
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 14.08. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-O-88157>.
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 14.18. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-88768>.
Accessed February 16, 2022.
. 2022. Cupertino Municipal Code Title 16. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-89338>.
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 16.04. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-89571>.
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 16.08. Available:
<https://codelibrary.amlegal.com/codes/cuperiino/latest/cupertinoca/0-0-0-89752>.
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 16.52. Available: <
https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-91097>.
Accessed February 22, 2022.
. 2022. Cupertino Municipal Code Chapter 16.58. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-
91472#JD Chapterl6.58>. Accessed February 22, 2022.
124
References
. 2022. Cupertino Municipal Code Chapter 17.04. Avaitable:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-0-
97167#JDCh.l7.04>. Accessed February 16, 2022.
. 2022. Cupertino Municipal Code Chapter 19.168. Available:
<https://codelibrary.amlegal.com/codes/cupertino/latest/cupertinoca/0-0-O-96144>.
Accessed February 16, 2022.
Federal Highway Administration (FHWA). 2006. FHWA Highway Construction Noise Handbook.
(FHWAHEP-06-015; DOT-VNTSC-FHWA-06-02). Available:
<https://www.fhwa.dot.gov/Environment/noise/construction noise/handbook/handbookO
0.cfm>. Accessed February 24, 2022.
Federal Transit Administration. 2018. Transit Noise and Vibration Impact Assessment Manual.
<https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-
innovation/118131/transit-noise-and-vibration-impact-assessment-manualfta-report-no-
0l230.pdf>. Accessed February 24, 2022.
lowa State University. 2022. Iowa Environmental Mesonet: San lose Station. Available:
<https://mesonet.agron.iastate.edu/sites/monthlysum.php?station=SJC&network=CAASO
S>. Accessed February 7, 2022.
Santa Clara County. 2022. Climate Roadmap 2030. Available:
<https://sustainability.sccgov.org/climate-roadmap-2030>. Accessed February 7, 2022.
. 2022. Williamson Act Properties. Available at:
<https://sccplanning.maps.arcgis.com/apps/webappviewer/index.html?id=lf39e32b4c0644
b0915354c3e59778ce>. Accessed February 17, 2022.
State of California. 2018. California's Fourth Climate Change Assessment Statewide Summary
Report. Available: <http://www.climateassessment.ca.gov/state/>. Accessed February 23,
2022.
u.s. Census Bureau. 2022. Quick Facts: Cupertino City, California. Available:
<https://www.census.gov/quickfacts/fact/table/cupertinocitycalifornia/PSTO45221>.
Accessed February 7, 2022.
u.s. Energy Information Administration (USEIA). 2021. "California - Profile Overview." Last modified:
February 18, 2021. Available:<https://www.eia.gov/state/?sid=CA.> Accessed February 22,
2022.
. 2022. Natural Gas: Natural Gas Consumption by End Use. January 31, 2022. Available:
<https://www.eia.gov/dnav/ng/ngconssumdcuSCAa.htm>. Accessed February 22,
2022.
Valley Transportation Authority (VTA). 2014. Valley Transportation Plan 2040. Available:
<http://vtaorgcontent.s3-us-west-
l.amazonaws.com/SiteContent/VTP2040finalhi%20res030315.pdf>. Accessed February
7, 2022.
Final Initial Study-Negative Declaration 125
City oT Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
List of Document Preparers
Rincon prepared this CAP Update and GHG Emissions Thresholds Initial Study-Negative Declaration
under contract to the City of Cupertino. Persons involved in data gathering, environmental impact
analysis, quality review, graphics preparation, and document formatting include the following.
RINCON CONSULTANTS, INC.
Kelsey Bennett, Environmental/Sustainability Senior Program Manager
Emily Marino, Environmental Planner
Alissa Jared, Sustainability Planner
Dario Campos, Document Formatting Specialist
Allysen Valencia, Graphics Specialist
Matthew Maddox, Environmental/Sustainability Principal
(ai
126
References
I
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Final Initial Study-Negative Declaro+ion 127
City of Cuper+ino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Appendix A
Sources, Health Effects, and Typical Controls Associated with Criteria Pollutants
(1,7
128
Sources, Health Effects, and Typical Controls Associated with Criteria Pollutants
Sources, Health Effects, and Typical Controls Associated with Criteria Pollutants
Ozone (03)
Carbon monoxide
(CO)
Formed when reactive organic
gases (ROG) and nitrogen
oxides react in the presence of
sunlight. ROG sources include
any source that burns fuels
(e.g., gasoline, natural gas,
wood, oil); solvents;
petroleum processing and
storage.
Any source that burns fuel
such as automobiles, trucks,
heavy construction and
farming equipment, residential
heating.
Nitrogen dioxide See Carbon Monoxide.
(NO2)
Sulfur dioxide
(SO,)
Respirable
particulate matter
(PMio)
Fine particulate
matter (PM2,5)
Lead
Sulfur Dioxide
(SO,)
Sulfates
Coal or oil burning power
plants and industries,
refineries, diesel engines.
Road dust, windblown dust,
agriculture and construction,
fireplaces. Also formed from
other pollutants (NO., SOX,
organics).
Fuel combustion in motor
vehicles, equipment, and
industrial sources; residential
and agricultural burning. Also
formed from reaction of other
pollutants (NOX, SOX, organics,
and NH3).
Metal smelters, resource
recovery, leaded gasoline,
deterioration oflead paint.
Coal or oil burning power
plants and industries,
refineries, diesel engines.
Produced by reaction in the air
of 502, (see 502 sources), a
component of acid rain.
Breathing difficulties, lung
tissue damage, vegetation
damage, damage to rubber
and some plastics.
Chest pain in heart patients,
headaches, reduced mental
alertness.
Lung irritation and damage.
Reacts in the atmosphere to
form ozone and acid rain.
Increases lung disease and
breathing problems for
asthmatics. Reacts in the
atmosphere to form acid rain.
Increased respiratory disease,
lung damage, cancer,
premature death, reduced
visibility, suface soiling.
Increases respiratory disease,
lung damage, cancer, and
premature death, reduced
visibility, surface soiling.
Particles can aggravate heart
diseases such as congestive
heart failure and coronary
artery disease.
Learning disabilities, brain and
kidney damage. Control metal
smelters.
Increases lung disease and
breathing problems for
asthmatics. Reacts in the
atmosphere to form acid rain.
Breathing difficulties,
aggravates asthma, reduced
visibility.
Reduce motor vehicle reactive
organic gas (ROG) and
nitrogen oxide (NOX) emissions
through emission standards,
reformulated fuels,
inspections programs, and
reduced vehicle use. Limit
ROG emissions from
commercial operations,
gasoline refueling facilities,
and consumer products. Limit
ROG and NOx emissions from
industrial sources such as
power plants and
manufacturing facilities.
Control motor vehicle and
industrial emissions. Use
oxygenated gasoline during
winter months. Conserve
energy
Control motor vehicle and
industrial combustion
emissions. Conserve energy.
Reduce use of high sulfur fuels
(e.g., use low sulfur
reformulated diesel or natural
gas). Conserve energy.
Control dust sources,
industrial particulate
emissions, woodburning
stoves and fireplaces. Reduce
secondary pollutants which
react to form PMI(,. Conserve
energy.
Reduce combustion emissions
from motor vehicles,
equipment, industries, and
agricultural and residential
burning. Precursor controls,
like those for ozone, reduce
fine particle formation in the
atmosphere.
No lead in gasoline or paint.
Reduce use of high sulfur fuels
(e.g., use low sulfur
reformulated diesel or natural
gas). Conserve energy.
See 502
Draft Initial Study-Negative Declaration A-1
City of Cupertino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Hydrogen Sulfide Geothermal power plants,
petroleum production and
refining, sewer gas.
Visibility Reducing See PM2.5
Particulates
Vinyl Chloride
Toxic Air
Contaminant
(TAC)
Exhaust gases from factories
that manufacture or process
vinyl chloride (construction,
packaging, and transportation
industries).
Combustion engines
(stationary and mobile), diesel
combustion, storage and use
of TAC-containing substances
(i.e., gasoline, lead smelting,
etc.)
Source: Compiled by Rincon Consultants, Inc. in March 2022
Nuisance odor (rotten egg
smell), headache and
breathing difficulties (higher
concentrations).
Control emissions from
geothermal power plants,
petroleum production and
refining, sewers, and sewage
treatment plants.
Reduced visibility (e.g., See PM2.5
obscures mountains and other
scenery), reduced airport
safety.
Central nervous system effects
(e.g., dizziness, drowsiness,
headaches), kidneyirritation,
liver damage, liver cancer.
Depends on TAC, but may
include cancer, mutagenic
and/orteratogenic effects,
other acute or chronic health
effects.
Control emissions from plants
that manufadure or process
vinyl chloride, installation of
monitoring systems.
Toxic Best Available Control
Technologies (T-BACT), limit
emissions from known
sources.
A-2
Appendix B
Description of Greenhouse Gases of California Concern
li
l
Description of Greenhouse Gases of California Concern
Description of Greenhouse Gases of California Concern
Physical Description and
:irppnhousp Gas G)roturtips
Global Warming
Potential
4100 vpargl
Atmospheric
Lifetime
Carbon dioxide
(CO,i)
Methane
(CH4)
Nitrous oxide
(N;iO)
Odorless, colorless, natural gas.1
Flammable gas and is the main
component of natural gas.
28141
Nitrous oxide (laughing gas) is a
colorless GHG.
298
50-200 Burning coal, oil, natural gas,
and wood; decomposition of
dead organic matter;
respiration of bacteria, plants,
animals, and fungus; oceanic
evaporation; volcanic
outgassing; cement
production; land use changes
12 Geological deposits (natural
gas fields) extraction; landfills;
fermentation of manure; and
decay of organic matter
114 Microbial processes in soil and
water; fuel combustion;
industrial processes
Chloro-fluoro-
carbons
(CFCS)
Hydro-fluoro-
carbons
(HFCS)
Per-fluoro-
carbons (PFCs)
Sulfur
hexafluoride
(SF.)
Nontoxic, nonflammable, 3,800-8,100
insoluble, and chemically
unreactive in the troposphere
(level or airatthe Earth's
surface); formed synthetically by
replacing all hydrogen atoms in
methane or ethane with
chlorine and/orfluorine atoms.
Synthetic human-made
chemicals used as a substitute
for CFCs and contain carbon,
chlorine, and at least one
hydrogen atom.
140 to 11,700
Stablemolecularstructuresand 6,500to9,200
only break down by ultraviolet
rays about 60 kilometers above
Earth's surface.
Human-made, inorganic,
odorless, colorless, and
nontoxic, nonflammable gas.
22,800
45-640 Refrigerants aerosol
propellants; cleaning solvents.
1-50,000 Automobileairconditioners;
refrigerants
10,000-50,000 Primary aluminum production;
semiconductor manufacturing
3,200 Electrical powertransmission
equipment insulation;
magnesium industry,
semiconductor manufacturing;
a tracer gas
141 The City of Cupertino used a 20-year Global Warning Potential for methane.
Draft Initial Study-Negative Declaration B-1
City of Cupefino
Climate Action Plan Update & CEQA GHG Emissions Thresholds
Physical Description and
3reenhouse Gas Properties
Global Warming
Potential
(100 yearsl
Atmospheric
Residence
Lifetime
(vears)SourceS
Nitrogen
trifluoride
(NF3)
Inorganic, is used as a
replacement for PFCs, and is a
powerful oxidizing agent.
17,200 740 Electronics manufacture for
semiconductors and liquid
crystal displays.
Source: Compiled by Rincon Consultants, Inc. in March 2022
il
B-2