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.02 Z-2006-04 City of Cupertino CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Z-2006-04 (EA-2006-10) Agenda Date: February 13, 2007 Applicant: City of Cupertino Owners: County of Santa Clara Location: Lands easterly of Saratoga Creek to the Centerline of Lawrence Expressway from Highway 280 to Chelmsford Drive/Bollinger Road Application Summary: City-initiated Pre-Zoning of a total of 13.5 acres: 7.7 of those acres to Pre-PR (Public Park or Recreational Zoning District) and 5.8 acres to Pre-T (Transportation Zoning District) . RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. The negative declaration, file number EA-2006-10; 2. The rezoning application, file number Z-2006-04, in accordance with the model resolution. Project Data: General Plan Designation: Parks & Open Space Existing Zoning Designation: None Proposed Zoning Designations: Pre- PR, Pre- T Acreage: 13.5 acres Project Consistency with General Plan: Yes Environmental Assessment: Negative Declaration BACKGROUND: The City is proposing to pre-zone two County-owned lots (7.7 acres) on the east side of Saratoga Creek between Highway 280 and Chelmsford Drive to Pre-PR (Public Park or Recreational Zoning District) and pre-zone the abutting Lawrence Expressway half- street (5.8 acres) between Highway 280 and Bollinger Road to Pre-T (Transportation Zoning District). This project is a necessary prelude to future actions the City must take, with the consent and approval of the City of San Jose and Santa Clara Local Agency Formation Commission (LAFCO), to bring the properties under the jurisdictional control of the City. Presently, the properties are in the Sphere of Influence and Urban Service Area of the City of San Jose. d. -I Application: Z-2006-04 Page 2 February 13, 2007 Cupertino needs jurisdiction of these lands in order to complete Reach #5 of the Saratoga Creek Trail between Bollinger Road and Lawrence Expressway. The trail segment is part of the County-prepared San Tomas/Saratoga Creek Trail Master Plan adopted by the City in 1999. A portion of the trail, between Barnhart Avenue and Bollinger Road, has already been completed by the City. DISCUSSION: There are two County-owned lots. Land south of Barnhart Avenue was leased to the City for the purpose of trail construction. Land north of Barnhart Avenue is used by the County Roads and Airports Department for the storage of asphalt grindings and other construction-related materials. The City hopes to negotiate with the County to move this storage to another location and reuse the land for a public trail and park. To this end the City adopted a general plan land use designation of "Parks and Open Space" for the two lots during the last major General Plan update. A prezoning of Pre- 2 J-d Application: Z-2006-04 Page 3 February 13,2007 PR would be consistent with this land use designation and a necessary step toward its eventual annexation. LAFCO Street Annexation Policies require the middle of the street to be the boundary line between two cities. In this case the boundary between San Jose and Cupertino is Lawrence Expressway, so LAFCO policy dictates annexation to the centerline of Lawrence Expressway. Staff is recommending that the Lawrence Expressway half- street be pre-zoned Pre-T (Transportation Zoning District). The general plan update did not include Lawrence Expressway in the Land Use Diagram, so the City will be initiating a general plan amendment for this land area in the near future. Staff feels there is no general plan/ zoning inconsistency as the pre-zoning has no legal effect until annexation occurs. Enclosures: Model Resolution for Z-2006-04 ERe Recommendation, Initial Study Submitted by: Colin Jung, Senior Planner ~ ~ Approved by: Steve Piasecki, Director of Community Developme~ G: \ Planning\ PDREPORT\pcZreports \ 2006zreports\ Z-2006-04.doc 3 :2'3 Z-2006-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE PRE-ZONING OF 13.5 ACRES TO PRE-PR (PUBLIC PARK OR RECREATIONAL ZONING DISTRICT) AND PRE- T (TRANSPORT A TION ZONING DISTRICT) FOR LANDS EASTERLY OF SARA TOGA CREEK TO THE CENTERLINE OF LAWRENCE EXPRESSWAY FROM HIGHWAY 280 TO CHELMSFORD DRIVE/BOLLINGER ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z-2006-04 City of Cupertino Lands easterly of Saratoga Creek to the centerline of Lawrence Expressway from Highway 280 to Chelmsford Drive/Bollinger Rd. SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the prezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject prezomng meets the following requirements: 1) That the prezoning is and will be in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new prezoning designation. 3) That the new prezoning encourages the most appropriate use of land. 4) That the proposed prezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the pre zoning promotes the orderly development of the city. 6) That the prezoning is a prerequisite of annexation to the city. J ~t-I Resolution No. Page 2 2-2006-04 February 13, 2007 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2006-04 is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application Z-2006-04, as set forth in the Minutes of the Planning Commission Meeting of February 13, 2007 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibits A and A-I: Zoning Plat Maps, and Exhibits B and B-1: Property Legal Descriptions, except as may be amended by the Conditions contained in this Resolution. PASSED AND ADOPTED this 13th day of February 2007, at a Regular Meeting of the. Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Lisa Giefer, Chair Cupertino Planning Commission G:Planning/PDREPORT /Res/2006/ 2-2006-04 ~-5 -9 \ ~ SHEET 1 OF 1 L11~E TABLE -- LINE LENGTH BEARING 1 282.38 Non8'10"E 2 177.77 S20'09' 45"E 3 125.69 S04'04' 45"W 4 214.50 529'51 '15"W 5 116.81 506'13' 45"E -- 6 109.24 S19'26' 45"W 7 228.20 S14'30'00"W 8 191.71 N03"22' 45"W 9 151.30 ~~19'29' 45"W 10 189.35 N2/'45'15"W 11 14/.02 N03"17'15"W 12 121.65 N50':,1' 45"W 13 107.74 N12'27' 45"W 14 61.00 N25'06'15"E 15 113.84 N66'02'15"E '16 194.78 N39'42'00"E 17 85.91 N15'14'00"E 18 138.43 N10'16'15"W 19 103.33 N01'S1'30"E 20 119.95 i'J,26'18'45"E 21 2856 SOUTHERLY 22 193.00:1: 1~43'00'40"W E)(HitjlT A PLAT FOP PREZONING ZONE: [:;IRE -PR CITY OF CUP:::::RTINO 2007- BEING A PORTION THE QUITO RANCHO CUPERTINO CITY LIMITS r ANNEXATION RANCHO RINCON ADA 98-09 ~OB 1"= ~:.-~ (2) @)r \ -> @. .-=_~ W / ,~ @ ~ ~ ~~ ~ ~ '/"'"-----1-- '... f4\ ~" PARCEL 1 ....,(7;;) ~' PARC:::L :2 ,-'-;i--...@ fa' // BI<.6065. PG 241 ~.; -' BI< 6065. PG 241 ""'--..._....Q2 7 ~l........- ',,- 76 \7 18 /,;;..~--------- f---"'~ ....~----l-- L___________ -~1=--~::;_::_----- A~~y-~=-~-~-?~~-----~@=-~=:::t / ,___' _________ ___~- L ,---@--------1::A-W-RE-N-CE-E--XPW+:-i:---j-1-----7L- / SAN JOSE CITY L11v1iTS ; ANI"EXA TION DOYLE NO 4 / WESTERLY BOUNDARY OF I () LAP~~: 375--22--001 LAWRENCE EXPRESSWAY SAN JOSE CITY LIMITS /~ ANNEXA TION DOYLE NO. 4 I ~--+~ I I I. I I 200' CUPERTINO CITY LIMITS ANNEXATION RANCHO RINCON ADA 98-09 - / ~. .JAI~UARY '15. 2007 I l=._~~~_~~_,~~._~-~~-~.=..~.-...-.._._-_.~-------~----._~~- --- ---~.~--~~~--~ . .. EXHIBIT B PREZONING LEGAL DESCRIPTION ZONE: PRE-PR CITY OF CUPERTINO 2007- All of that real property situate in the City of San Jose, County of Santa Clara, State of California, being a portion of the Quito Rancho, described as follows: BEGINNING at the Southeasterly corner of Lot 293 as shown on that certain Map of Tract 1183, recorded in Book 44 of Maps, at Pages 11-13, Santa Clara County records said point also lying in the Westerly line of the City limits of Cupertino as annexed by Rancho Rinconada No. 98-09, and the Easterly line of the City limits of San Jose as established by Annexation Doyle No.4; Course 1: thence proceeding along the Easterly line of said lot and said Westerly City limits of Cupertino and said Easterly City limits of San Jose N20009' 45"W 177.77 feet more or less; thence continuing along said City limits lines and Westerly Boundary of said Annexation Rancho Rinconada No. 98-09, the following courses and distances: Course 2: N04004'45"E, 125.69 feet Course 3: N29051'15"E, 214.50 feet Course 4: N06013'45"W, 116.81 feet Course 5: N19026'45"E, 1 09.24 feet Course 6: N14030'OO"E, 228.20 feet Course 7: N03022'45"W, 191.71 feet Course 8: N19029'45"W, 151.30 feet Course 9: N27045'15"W, 189.35 feet Course 10: N03017'15"W, 147.02 feet Course 11: N50051'45''W, 121.65 feet Course 12: N12027'45"W, 107.74 feet Course 13: N25006'15"E, 61.00 feet Course 14: N66002'15"E, 113.84 feet Course 15: N39042'OO"E, 194.78 feet Course 16: N15014'OO"E, 85.91 feet Course 17: N10016'15''W, 138.43 feet Course 18: N01051'30"E, 103.33 feet Course 19: N26018'45"E, 119.95 feet more or less to a point on the Westerly boundary line of Lawrence Expressway (previously named Doyle Road), as it now exists; Course 20: thence leaving aforementioned annexation Rancho Rinconada No. 98-09 and aforementioned annexation Doyle NO.4 and proceeding along said boundary line of Lawrence Expressway Southerly 2856 feet more or less to a point on the Westerly boundary of aforementioned annexation Rancho Rinconada No. 98-09 and the Easterly boundary of aforementioned annexation Doyle No.4; Course 21: thence continuing along said annexation boundaries N43000'40"W, 193 feet more or less; d- -,] <S"" \ ~ EXHi PLAT FOR ZONE: CITY OF CUFJ BEING A PORTION r A-1- PREZONING PRE-T TING 2007- THE QUITO RANCHO SHEET OF 2 N [CUPERT J) CITY LllvllTS -~~~~ PO 87 ANNEXA T O~I RANCHO ------y RINCOH!,[IA 98-09 1" = 200' (WESTERLY BOUNDARY /------'''\, CUPERTINO CITY LIMITS / ;/ _____ -~--________ , LAWRENCE EXPRESSWAY __~' '\ ANNEXATION RAI'>ICHO ' ',,_ ,,~, RINCONADA 98-091 ~o ,~,' PARCEL 2 I"~--_________ ,,/ '"" '" /1 ' 81<.6065, PG. 241 ~ '____ _-~ 18 PARCEL I" ~ : / -------------- /!-------1--____:~-=::.:==------1----~~~~=-:~...:;~------~-=~-1~~=:::~@ / l~ / APN, 375-2~001 . I - ----ooF~---------------- oo~________ -----------------..,.---------- ---- ..,.--z--------~---;...- ------,--- --- L-~ '; ::e/iN JOSE CITY LlMI TS / ':0 -7 AI'J 1'>1 EX A TIOI'>l DOYLE NO. 4- ~ ~ ADJOINING AI'>INEXAITONS ~ 2 / / i SAN JOSE CiTY LIMITS SAI, JOSE CITY LIMITS L' ANNEXA TIOi\, MORELAND ANNEXA TION MORELAND NO. 22 LAWRENCE EXPWY. NO.3 / SAN JOSE CITY LIMITS / (lj ANNEXATION MORELAND 0' ~,IO, 27 A SAN JOSE CITY LIMITS SAI, JOSE CITY LIMITS / 'V ANNEXATION MORELAND ANNEXATION MORELAND SAN JOSE CITY LIMITS NO. 29 NO, 20 ANNEXA TION DOYLE 1,0, 4- I- W W :r: (I] w w (I] JANUARY 2007 ! ,I .=~"'.="'~.".......-"""""'..".",..="~~'-.~->>...,,..........-=~'''''''..-'''..=<_.~. '-"='-"'.,"'.,..--"'~~..~~=,~.""""'~'"':,"'_=_~~.'_.....-_.".._.=,..............".,.,"'__<==_',.=...~ .._,._-.=""..."'-....-. .,....>..-..o,"'-~,.....,.=~="""'====~=~,-..'_",.._~,=_=_.,.",.,=.,_.",""... "-......, =.",-=--..=...~~~~, Q. \ ~ E)(H! PLAT FOR ZONE: CITY OF CUP Tlf\lO 2007- BEING A PORTION OF THE QUITO RANCHO T A-~ PREZONING F'RE - T SHEET 2 OF 2 LINE TABLE LINE LEI~GTH ciEARING 1 243:1: eASTERLY 2 453.28::1:: SOUTHERLY 3 465.03:1: SOUTHERLY 4 842.43 SOUTHERLY 5 911.66 :;OUTHERLY 6 667.72 ",OUTHERLY 7 552.42 ~;OUTHERL 'I 8 141.00 SOUTHERLY 9 218.52:1: !'182'59'21 "w 10 31.88 1\131'20'20"W 11 40.67 [.135'OO'OO"W COURSE 12 SEE CURVE TABLE 131 281.69 NI5'12'26"E COURSE 14. SEE CURVE TABLE 15 121.87 NOO'44'lO"W 16 73.50 NI6'45'10"E 17 33.23 :;i 3 '00' 40"W 18 2856:1: I'-IORTHERLY 19 152.42 1\100'44' 45"W COURSE 20 SEE CURVE TABLE 21 181. 25 ['!56'51 '06"W ,~ IJr 1" = 200' If) o z o CL (/)0 ~lo... "5'" =u ....J<( >-....J ,_ 0) Uz wS2 (f) I- 0<( --, >< w zz <(z (/)<( I I CUPERTII~O CITY LIMITS , r ANNEXATION RANCHO I SAN JOSE CITY LIMITS RINCOI~ADA 98-09 ~ pAN"''''ON DOm NO , ~_____ --~--J ~;;;t: ,..~ @'/18T ~ i~/1--1----------[~\~~--t-'-----1~ ~ (/<;;, LA WRENCE EXPWY. I !ii ~ Z- ~------~-~~:--~; 5~;2 =~~~ SAN JOSE CITY LIMITS ANNEXATION BLACI<FORD NO. 6 -t -t o CO EXPWY. LAWRENCE SAN JOSE CITY LIMITS ANNEXA~ON MORELAND NO. 27 A SAN JOSE CITY LIMITS ANI\IEXA TION DOYI_E NO. 4 CURVE TABLE COURSE LENGTH RADIUS DELTA 12 39.35 43.00 52'25'56" 14 307.07 2433.00 07'13'53" 20 19.58 20.00 56'05'33" 1 I ,JANUARY 2007 ~..~.."..~_.~_~_.o<~~.-~.~._._-~.._...... ~ -~-----,..;...~~~--_._~._.~._--~~~~~~-~-_.._...__._! EXHIBIT B - i PREZONING LEGAL DESCRIPTION ZONE: PRE-T CITY OF CUPERTINO 2007- All of that real property situate in the City of San Jose, County of Santa Clara, State of California, being a portion of the Quito Rancho, described as follows: Beginning at the Northeasterly corner of Lot 242 as shown on that certain Map of Tract 1183, recorded in Book 44 of Maps, at Pages 11-13, Santa Clara County records; thence proceeding along the Northerly line of said lot, N89039'45"E 41.35 feet more or less to the TRUE POINT OF BEGINNING, said point also lying in the Westerly line of the City limits of Cupertino as annexed by Rancho Rinconada No. 98-09, and the Easterly line of the City limits of San Jose as established by Annexation Doyle No.4; Course 1: thence proceeding along the Easterly prolongation of the Northerly line of said Lot 242 East 243.00 feet more or less to the center line of Lawrence Expressway (previously named Doyle Road), as it now exists said point also being on the westerly boundary of the annexation to the City of San Jose entitled Moreland No.3; Course 2: thence leaving aforementioned annexation Rancho Rinconada No. 98-09 and proceeding along the said center line of said Lawrence Expressway as it now exists, and said annexation Moreland NO.3 South 453.28 feet more or less to a point on the westerly boundary of the annexation to the City of San Jose entitled Moreland No. 20; Course 3: thence leaving aforementioned annexation Moreland NO.3 and proceeding along the said center line of said Lawrence Expressway as it now exists, and said annexation Moreland No. 20 South 465.03 feet more or less to a point on the westerly boundary of the annexation to the City of San Jose entitled Moreland No. 29; Course 4: thence leaving aforementioned annexation Moreland No. 20 and proceeding along the said center line of said Lawrence Expressway as it now exists, and said annexation Moreland No. 29 South 842.43 feet more or less to a point on the westerly boundary of the annexation to the City of San Jose entitled Moreland No. 22; Course 5: thence leaving aforementioned annexation Moreland No. 29 and proceeding along the said center line of said Lawrence Expressway as it now exists, and said annexation Moreland No. 22 South 911.66 feet more or less to a point on the westerly boundary of the annexation to the City of San Jose entitled Moreland No. 27 A; Course 6: thence leaving aforementioned annexation Moreland No. 22 and proceeding along the said center line of said Lawrence Expressway as it now exists, and said annexation Moreland No. 27A South 667.72 feet more or less to a point on the westerly boundary of the annexation to the City of San Jose entitled Blackford No.6; Course 7: thence leaving aforementioned annexation Moreland No. 27 A and proceeding along the said center line of said Lawrence Expressway as it now exists, and said annexation Blackford NO.6 South 552.42 feet more or less to a point on the westerly boundary of the annexation to the City of San Jose entitled Blackford No.5; d- -II Course 8: thence leaving aforementioned annexation Blackford NO.6 and proceeding along the said center line of said Lawrence Expressway as it now exists, and said annexation Blackford NO.5 South 141.00 feet more or less to a point on the northerly boundary of Bollinger Road; Course 9: thence leaving said center line of Lawrence Expressway as it now exists and proceeding along the northerly boundary of Bollinger Road and aforementioned annexation Blackford NO.5 N82059'21"W 218.52 feet more or less to a point on the easterly boundary of the City of Cupertino as established by the annexation entitled Rancho Rinconada No. 98-09 said point also being on the Westerly boundary of said Lawrence Expressway; Course 10: thence leaving said northerly line of Bollinger Road and aforementioned annexation Blackford No. 5 and proceeding along aforementioned boundary of the City of Cupertino per annexation Rinconada No. 98-09 and Westerly boundary of said Lawrence Expressway N31020'20"W 31.88 feet, Course 11: thence N35000'OO"W 40.67 feet to a point of non-tangency; Course 12: thence along a non-tangential curve, counter clock-wise to the left, with a radial bearing of S22021'22"E, a radius of 43.00 feet, a delta of 52025'56", an arc length of 39.35 feet to a point of tangency; Course 13: thence proceeding tangent to the last curve N15012'26"E, 281.69 feet, to a point of non-tangency; Course 14: thence along a non;..tangential curve, counter clock-wise to the left, with a radial bearing of S83030'17"E, a radius of 2433.00 feet, a delta of 07013'53", an arc length of 307.07 feet to a point of tangency; Course 15: thence proceeding tangent to the last curve NOo044'1 O"W, 121.87 feet; Course 16:, thence continuing along said Westerly Boundary of said Annexation Rancho Rinconada No. 98-09 N16045'10"E, 73.50 feet; Course 17: thence N43000'40"W, 33.23 feet more or less; Course 18: thence leaving said Westerly Boundary of said' Annexation Rancho Rinconada No. 98-09 and continuing along said Westerly boundary of Lawrence Expressway Northerly 2856 feet more or less to a point on aforementioned Westerly Boundary of said Annexation Rancho Rinconada No. 98-09; Course 19: thence proceeding along said Westerly Boundary of Annexation Rancho Rinconada No. 98-09 and along said Westerly boundary of Lawrence Expressway NOo044'45"W, 152.42 feet to a point of tangency; :L--/~ CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE May 10, 2006 As provided by the Environmental Assessment Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amended, the following described project was reviewed by the Environmental Review Committee of the City of Cupertino on May 10, 2006. PROTECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: Z-2006-04 (EA-2006-10) City of Cupertino Lands easterly of Saratoga Creek to the centerline of Lawrence Expressway from Highway 280 to Chelmsford Drive/Bollinger Road DISCRETIONARY ACTION REQUEST Pre-Zoning of 13.5 acres to PR (Public Park or Recreational Zoning District) and Pre- T (Transportation) FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE The Environmental Review Committee recommends the granting of a Negative Declaration finding that the project is consistent with the General Plan and has no significa envi ntal impacts. ~ Steve Piasecki Director of Community Development g/ercjREC EA-2006~1O ;2 -I tf City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department C F CUPERJINO PROJECT DESCRIPTION: .':)N l\... ow r (. A \ tit> lA.-.o of lUI\ ( D J ~ ~ t" LS. W ll.i PROJECT DESCRIPTION: Site Area (ac.) - 7. R3 Building Coverage - 0 % Exist. Building -~sJ. Proposed Bldg. - sJ. Zone - SeAV'.::r 0 ~..G.P. Designation - PrvcKs ~ 0 ~'"'- Sfl\.C.2..> Assessor's Parcel No. - ~- ~- 6 ql) '3 7S ~ 2.."2..,- OCY.'L If Residential, Units/Gross Acre - Unit Type #1 Unit Type #2 Unit Type #3 Total# Rental/Own Bdrms Total sJ. Price ecial Area Plans: Check I c +- ~ \o:.J\f.!$ _, ~,(j F1-ov;r'~ C('~_~..k. t'\ct&~er ~\V.l'\ -'nvr~. -,t'..J I o S. De Anza Conceptual Unit Type #4 Unit Type #5 Applicable Sp o Monta Vista Design Guidelines o N. De Anza Conceptual o S. Sara-Sunny Conceptual o Stevens Crk Blvd. Conceptual o Stevens Creek Blvd. SW & Landscape If Non-Residential, Building Area - 0 sJ. FAR - ~ Max. Employees/Shift - _Parking Required Parking Provided Project Site is Within Cupertino Urban Service Area - YES 0 NO ]ia.. J..~/5 A. CUPERTINO GENERAL PLAN SOURCES D. OUTSIDE AGENCIES (Continued) 1. Land Use Element 26. Midpeninsula Regional Open Space District 2. Public Safety Element 27. County Parks and Recreation Department 3. Housing Element 28. Cupertino Sanitary District 4. Transportation Element 29. Fremont Union High School District 5. Environmental Resources 30. Cupertino Union School District 6. Appendix A- Hillside Development 31. Pacific Gas and Electric 7. Land Use Map 32. Santa Clara County Fire Department 8. Noise Element Amendment 33. County Sheriff 9. City Ridgeline Policy 34. CALTRANS 10. Constraint Maps 35. County Transportation Agency 36. Santa Clara Valley Water District B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 E. OUTSIDE AGENCY DOCUMENTS 12. City Aerial Photography Maps 37. BAAQMD Survey of Contaminant 13. "Cupertino Chronicle" (California History Excesses Center, 1976) 38. FEMA Flood Maps/SCVWD Flood Maps 14. Geological Report (site specific) 39. USDA, "Soils of Santa Clara County" 15. Parking Ordinance 1277 40. County Hazardous Waste Management 16. Zoning Map Plan 17. Zoning Code/Specific Plan Documents 41. County Heritage Resources Inventory 18. City Noise Ordinance 42. Santa Clara Valley Water District Fuel Leak Site C. CITY AGENCIES Site 43. CalEPA Hazardous Waste and 19. Community Development Dept. List Substances Site 20. Public Works Dept. 21. Parks & Recreation Department F. OTHER SOURCES 22. Cupertino Water Utility 44. Project Plan Set/Application Materials 45. Field Reconnaissance D. OUTSIDE AGENCIES 46. Experience w/project of similar 23. County Planning Department scope/characteristics 24. Adjacent Cities' Planning Departments 47. ABAG Projection Series 25. County Departmental of Environmental Health A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE. B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist. information in Categories A through O. C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s) in the "Source" column next to the question to which they relate. D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the potential impact and suggest mitigation if needed. E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please try to respond concisely, and place as many explanatory responses as possible on each paqe. F. Upon completing the checklist, sign and date the Preparer's Affidavit. G. Please attach the following materials before submitting the Initial Study to the City. "project Plan Set of Legislative Document "Location map with site clearly marked (when applicable) J -Ito EVALUATION OF ENVIRONMENTAL IMPACTS: I 0 I >>- C C C~ C- I _ C C -ns- ns ns 0 ns nsns- U I ISSUES: .! u u .cu.c'-~ .cuu -.- a I- .- _ 1ii 0 1-'- ns o ns C~ III ~ 'i C) c.. III ~ c.. zc.. I [and Supporting Information Sources] Q) C E IIlC ._~ IIlcE E '0.2'- Q)C) ~o Q) .2'- I ..J .- ~ u D..U) U) C ..JU) I i I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a 0 0 0 ;&1, I I I scenic vista? [5,9,24,41,44) I I I I b) Substantially damage scenic resources, 0 0 0 )it I including, but not limited to, trees, rock I outcroppings, and historic buildings within a , state scenic highway? [5,9,11,24,34,41,44] , ! I c) Substantially degrade the existing visual 0 0 0 ..~ I I character or quality of the site and its i surroundings? [1,17,19,44] I d) Create a new source of substantial light or 0 0 0 .Bl I I glare, which would adversely affect day or I nighttime views in the area? [1,16,44] III. AGRICULTURE RESOURCES: In .- I determining whether impacts to agricultural I resources are significant environmental I effects, lead agencies may refer to the I California Agricultural Land Evaluation and , i Site Assessment Model (1997) prepared by I the California Dept. of Conservation as an ! optional model to use in assessing impacts Ion agriculture and farmland. Would the I project: ! a) Convert Prime Farmland, Unique 0 0 0 Pl Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? [5,7,39] b) Conflict with existing zoning for 0 0 0 $I. agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing 0 0 0 j1 environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] i ;2 -I 7 >-- 0 C1: -C C1: C;: -ClS- CIS CIS 0 CIS CIS CIS- - .!!! (.) (.) J: (.) J: .- ~ J:(.)(') (.) ISSUES: _._ CIS 1-.-_10 0 I- .- CIS o CIS C ~ g. en ~ .3: en Q. en ~ Q. zQ. [and Supporting Information Sources] G) C E enC ._~ encE E '0.2'- G)en ~o G) .2'- ..J .- :a: (.) o..CJ> CJ> C ..JCJ> - III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air I pollution control district may be relied upon I I to make the following determinations. Would I the project: ! I a) Conflict with or obstruct implementation of 0 0 0 ~ the applicable air quality plan? [5,37,42,44] I b) Violate any air quality standard or 0 0 0 R( I contribute substantially to an existing or i projected air quality violation? [5,37,42,44] , ' I I I I I c) Result in a cumulatively considerable net 0 0 0 A ; increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality I standard (including releasing emissions I which exceed quantitative thresholds for ozone precursors)? [4,37,44] i I ~ i I d) Expose sensitive receptors to substantial 0 0 0 I ! I pollutant concentrations? [4,37,44] I Ie) Create objectionable odors affecting a 0 0 0 ~ I substantial number of people? [4,37,44] I ! IV. BIOLOGICAL RESOURCES -- Would I I I the project: I ! I I a) Have a substantial adverse effect, either 0 0 0 ~ I directly or through habitat modifications, on I any species identified as a candidate, I sensitive, or special status species in local or I regional plans, policies, or regulations, or by i the California Department of Fish and Game I or U.S. Fish and Wildlife Service? 1[5,10,27,44] ! I b) Have a substantial adverse effect on any 0 0 0 JS'J. I riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? [5,10,27,44] c) Have a substantial adverse effect on 0 0 0 ft( federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal () -/'6 i I i >-- 0 Cc I -C Cc C; I i -ns- ns ns 0 ns nsns- - i .! u u "c U "c .- I- "cUU U I -.- a 1-q::_1GO I- .- ns o ns I ISSUES: c:t: lI) .- .i 0) c. lI) :t: C. zc. I [and Supporting Information Sources] Q) c E lI) C .- l- ll) C E E o.~- Q)O) ~o Q) .~- ..J .- :E U I D..(/) (/) C ..J(/) I pool, coastal, etc.) through direct removal, I filling. hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 )l- of any native resident or migratory fish or wildlife species or with established native ! resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] I e) Conflict with any local policies or 0 0 0 ~ I ordinances protecting biological resources, I such as a tree preservation policy or I ordinance? [11,12,41] I I f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 0 0 0 ~ I Community Conservation Plan, or other I approved local, regional, or state habitat I conservation plan? [5,10,26,27] I V. CULTURAL RESOURCES -- Would the I i project: I I a) Cause a substantial adverse change in 0 0 0 ~ I the significance of a historical resource as i defined in 915064.5? [5,13,41] I b) Cause a substantial adverse change in 0 0 0 )if I I the significance of an archaeological I resource pursuant to 915064.5? [5,13,41] i c) Directly or indirectly destroy a unique 0 0 0 Jil paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including 0 0 0 .3l those interred outside of formal cemeteries? [1,5] VI. GEOLOGY AND SOILS - Would the I project: I I a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as 0 0 0 )( delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the :;2 /1 q j 0 I >.- Cc C;:: C- I -C C jISSUES: -CI:I- CI:I CI:I 0 CI:I CI:ICI:I- - .!!! (,) (,) .t:. (,) .-... .t:.(,)(') (,) -lj:~ ~ .- :5 1U 0 ~.- CI:I o CI:I C ._ en ~.i 0) c. en ~ c. zc. I [and Supporting Information Sources] (l)cE en C .-... encE E o.~- (1)0) ~o (I) .~- ...I .- :2: (,) D..en en C ...I en I - I I State Geologist for the area or based on i other substantial evidence of a known fault? I Refer to Division of Mines and Geology I Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? 0 0 0 ~ [2,5,10,44] I i I iii) Seismic-related ground failure, including 0 0 ]a 0 I I liquefaction? [2,5,10,39,44] I ! iv) Landslides? [2,5.10.39,44] 0 0 0 Et I b) Result in substantial soil erosion or the 0 0 0 .:a i loss of topsoil? [2,5.10.44] J I c) Be located on a geologic unit or soil that is 0 0 ~ 0 I unstable, or that would become unstable as I I a result of the project, and potentially result I in on- or off-site landslide, lateral spreading, I I subsidence, liquefaction or collapse? I [2,5,10.39] ! I d) Be located on expansive soil, as defined 0 0 0 II in Table 18-1-B of the Uniform Building Code I (1997), creating substantial risks to life or property? [2,5.10] e) Have soils incapable of adequately 0 0 0 Ia.. supporting the use of septic tanks or I alternative waste water disposal systems I I where sewers are not available for the I disposal of waste water? [6.9.36,39] I I I I VII. HAZARDS AND HAZARDOUS I I MATERIALS - Would the project: a) Create a significant hazard to the public or 0 0 0 $l. the environment through the routine transport, use, or disposal of hazardous materials? [32,40,42,43,44] b) Create a significant hazard to the public or 0 0 0 JiJ the environment through reasonably foreseeable upset and accident conditions I involving the release of hazardous materials into the environment? [32,40,42,43,44] I c) Emit hazardous emissions or handle 0 0 0 Jq I hazardous or acutely hazardous materials, I I substances, or waste within one-quarter mile I J. -dO 0 i >.- C~ C;; C- I -c c -ns- nsns ons nsns_ - .!!! C.) C.) .s::. C.) .s::. .- ... .s::.C.)C.) C.) I ISSUES: -lj:! .... .- _ 1G 0 .....- ns o ns c ._ en := .i C) 0- en := 0- ZO- [and Supporting Information Sources] Q) C E en C .-... encE E cL2' - Q) C) :t:: 0 Q) .2'- ...J .- :2 C.) - 0. en en C ...Jen - I of an existing or proposed school? [2,29,30,40,44] r d) Be located on a site which is included on a 0 JZl 0 0 list of hazardous materials sites compiled I pursuant to Government Code Section 16596205 and, as a result, would it create a significant hazard to the public or the I environment? [2,42,40,43] I Ie) For a project located within an airport land 0 0 0 "'- use plan or, where such a plan has not been I adopted, within two miles of a public airport I or public use airport, would the project result I in a safety hazard for people residing or i working in the project area? [ ] I I , f) For a project within the vicinity of a private 0 0 0 -)'l airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically 0 0 0 ~ interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] I h) Expose people or structures to a 0 0 0 ~ significant risk of loss, injury or death I involving wildland fires, including where wildlands are adjacent to urbanized areas or I where residences are intermixed with I wildlands?[1 ,2,44] VIII. HYDROLOGY AND WATER QUALITY -- Would the project: I a) Violate any water quality standards or 0 0 0 ~ I waste discharge requirements? [20,36,37] I b) Substantially deplete groundwater 0 0 0 ft I supplies or interfere substantially with I groundwater recharge such that there would I be a net deficit in aquifer volume or a I lowering of the local groundwater table level I (e.g., the production rate of pre-existing I nearby wells would drop to a level I which would not support existing land uses i or planned uses for which permits have been i granted)? [20,36,42] J. -:2/ I c _ 0 ul >>- c1: -c c c.. -ClS- CIS CIS 0 CIS CIS CIS- .! (J (J .c (J .c'- '- .c(J(J ISSUES: -~S 1-~_llSo I-~CIS o CIS I c ._ U)'-'- I:J)Co U)'- Co zCo [and Supporting Information Sources] Cl)cE U) c 3:.- '- U) c E E ().~ - CI) I:J) :t::: 0 CI) .~- - ..J .- ~ (J D..f/) f/) c ..JU) c) Substantially alter the existing drainage 0 0 0 ~ pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion of siltation on- or off-site? I i [14,20.36] I i ~ I d) Substantially alter the existing drainage 0 0 0 . pattern of the site or area, including through I the alteration of the course of a stream or river, or substantially increase the rate or , amount of surface runoff in a manner which I would result in flooding on- or off-site , [20,36,38] I Ie) Create or contribute runoff water which 0 0 0 .R I I would exceed the capacity of existing or I planned stormwater drainage systems or i provide substantial additional sources of i polluted runoff? [20,36,42] f) Otherwise substantially degrade water 0 0 0 JSl.. quality? [20,36,37] g) Place housing within a 1 OO-year flood 0 0 0 ~ hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] h) Place within a 1 OO-year flood hazard area 0 0 0 .;s, structures which would impede or redirect flood flows? [2,38] i) Expose people or structures to a significant 0 0 0 8: risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] j) Inundation by seiche, tsunami, or 0 0 0 a I mudflow? [2,36,38] IX. LAND USE AND PLANNING. Would I the project: I a) Physically divide an established 0 0 0 M. I community? [7,12,22,41] i b) Conflict with any applicable land use plan, 0 ~l!;{ 0 0 policy, or regulation of an agency with (l-c1;( >.- 0 Cc - C Cc C:;:: -ns- nsns ons nsns- - .! u u .c u .- ~ .cuu u ISSUES: -.- ~ I- .- :5 1U 0 I- .- ns o ns c:t: en :t: .i C) c. en :t: c. zc. [and Supporting Information Sources] Q) C E en C .- ~ encE E 'O.!?- Q)C) ~o Q) .!?- I a..cn ..J .- :E u ..JU) I U) C I jurisdiction over the project (including, but I not limited to the general plan, specific plan, I local coastal program, or zoning ordinance) adopted for the purpose of avoiding or . mitigating an environmental effect? 1[1,7,8,16,17,18,44] I c) Conflict with any applicable habitat 0 0 0 ~ I conservation plan or natural community I conservation plan? [1,5,6,9,26] I i I X. MINERAL RESOURCES -- Would the I I project: I a) Result in the loss of availability of a known 0 0 0 ~ mineral resource that would be of value to the region and the residents of the state? [5,10] I b) Result in the loss of availability of a 0 0 0 ~ I locally-important mineral resource recovery I site delineated on a local general plan, I specific plan or other land use plan? [5,10] I I XI. NOISE -- Would the project result in: I la) Exposure of persons to, or generation of, 0 ~ 0 0 I noise levels in excess of standards I established in the local general plan or noise I ordinance, or applicable standards of other i agencies? [8,18,44] b) Exposure of persons to or generation of 0 0 0 )Sl excessive ground borne vibration or groundborne noise levels? [8,18,44] c) A substantial permanent increase in 0 0 0 ~ ambient noise levels in the project vicinity above levels existing without the project? [8,18] d) A substantial temporary or periodic 0 0 0 ~ increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18,44] e) For a project located within an airport land 0 0 0 )'t use plan or, where such a plan has not been t I adopted, within two miles of a public airport I i or public use airport, would the project I I expose people residing or working in the I I -i ;l ~<-:2 3 ~- c _ 0 Cc -C C C;; -C'lS- C'lS C'lS 0 C'lS C'lSC'lS- t) .! u u .cU.c._~ .cuU ISSUES: _.- C'lS I-.__~ 0 1-.- C'lS o C'lS c~ ~ rn ~ .i en ~ rn ~ ~ z~ [and Supporting Information Sources] G) C E rn C .- ~ rn C E E o.~- G)en ~o G) .~- ..J .- ~ u n.en en C ..Jen - project area to excessive noise levels? [8.18,44] f) For a project within the vicinity of a private D D D ~ airstrip, would the project expose people ! residing or working in the project area to I I excessive noise levels? [8.18] I XII. POPULATION AND HOUSING -- Would the project: I a) Induce substantial population growth in an D D D JKl area, either directly (for example, by I proposing new homes and businesses) or I indirectly (for example, through extension of roads or other infrastructure)? [3,16,47.44] b) Displace substantial numbers of existing D D D ~ housing. necessitating the construction of replacement housing elsewhere? [3.16,44] I J c) Displace substantial numbers of people, D D D ~. necessitating the construction of replacement housing elsewhere? [3.16,44] XIII. PUBLIC SERVICES .- - I . a) Would the project result in substantial \ adverse physical impacts associated with the I provision of new or physically altered i I governmental facilities, need for new or I I physically altered governmental facilities. the i I construction of which could cause significant I I environmental impacts. in order to maintain I acceptable service ratios, response times or I \ other performance objectives for any of the I ! public services: i I ! I Fire protection? [19.32,44] D D D J8\ I Police protection? [33,44] D D D )Q I Schools? [29.30,44] D Jq I D D I I I r Parks? [5,17,19.21,26,27,44] D D D .RJ: i I Other public facilities? [19,20,44] D ;q. D D XIV. RECREATION -- I i , a) Would the project increase the use of D D 0 J?J 1 existing neighborhood and regional parks or I J'~4 ~- 0 Cc -C Cc C;: -C'lS- C'lS C'lS 0 C'lS C'lSC'lS- - _!!! u u ..c: u ..c: -- ~ ..c:uU u ISSUES: c~ ~ t- -- _ n; 0 t- -- C'lS o C'lS In :t:: -i C) c. In:t:: C. zc. [and Supporting Information Sources] (l)cE InC --~ In C E E cL~- (l)C) :=:0 (I) _~- ..J-- ~u D..t/) t/) C ..Jt/) - other recreational facilities such that ! substantial physical deterioration of the i I facility would occur or be accelerated? I 1[5,17,19,21,26,27,44] b) Does the project include recreational 0 0 0 J&l facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] i I I XV_ TRANSPORTATIONITRAFFIC-- I I Would the project: I I i I a) Cause an increase in traffic which is 0 0 0 ~ I substantial in relation. to the existing traffic I load and capacity of the street system (Le., ! result in a substantial increase in either the j number of vehicle trips, the volume to i capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, 0 0 0 pC i I a level of service standard established by the "1 county congestion management agency for i designated roads or highways? [4,20,.f4] . I ! I c) Result in a change in air traffic patterns, 0 0 0 .~ I including either an increase in traffic levels or I a change in location that results in I substantial safety risks? [4,?] d) Substantially increase hazards due to a 0 0 0 .)St design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? 0 0 0 % [2,19,32,33,44] a ! f) Result in inadequate parking capacity? 0 0 0 I [17,44] g) Conflict with adopted policies, plans, or 0 0 0 ~ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: J- -;,;2 5 I >.- 0 C'C: I - C C'C: C;O i -lIS- lIS lIS 0 lIS lIS lIS- '0 I .! u u .c u .c .- &.. .cUU I ISSUES: -;;:a t-;;:_1UO t- .- lIS o lIS C._ II)'-'i C)Q. II) ~ Q. zQ. i [and Supporting Information Sources] Q) C E II) C .- &.. II)cE E 'O.!?- Q)C) ~o Q) .!?- - ll.CIJ -I .- :E U -ICIJ CIJ C - a) Exceed wastewater treatment 0 0 0 JX: I requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] b) Require or result in the construction of 0 0 0 J&( new water or wastewater treatment facilities I or expansion of existing facilities, the I construction of which could cause significant i environmental effects? [36,22,28,36] I c) Require or result in the construction of 0 0 0 tJ. I new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] e) Result in a determination by the 0 0 0 ..iJ wastewater treatment provider which serves or may serve the project that it has adequate I capacity to serve the project's projected \ demand in addition to the provider's existing i commitments? [5,22,28,36,44] r f) Be served by a landfill with sufficient 0 0 0 ~ I permitted capacity to accommodate the I project's solid waste disposal needs? [?] \ g) Comply with federal, state, and local 0 0 0 ~ I statutes and regulations related to solid I waste? [?] d--'e2to I a) Does the project have the potential to 0 0 0 I degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal I community, reduce the number or restrict the : range of a rare or endangered plant or I animal or eliminate important examples of I the major periods of California history or I prehistory? 0 b) Does the project have impacts that are 0 0 0 ~ I individually limited, but cumulatively considerable? ("Cumulatively I considerable" means that the incremental ! effects of a project are considerable when I viewed in connection with the effects of past I projects, the effects of other current projects, I and the effects of probable future projects)? lD c) Does the project have environmental 0 ~ 0 0 effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 ',....,-,' , I hereby certify that the information provided in this Initial Study is true and correct to the best 'Of my knowledge and belief; I certify that I have used proper diligence in responding accurately to all questions herein, and have consulted appropriate source references when necessary to ensure full and complete disclosure of relevant environmental data. I hereby acknowledge than any substantial errors dated within this Initial Study may cause delay or discontinuance of related project review procedures, and hereby agree to hold harmless the City of Cupertino, its staff and authorized agents, from the consequences of such delay or discontinuance. Preparer's Signature U:-~ I ()-:su Print Preparer's Name d-.-/J 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology ISoils ~ Hazards & Hazardous 0 Hydrology I Water ~ Land Use I Planning Materials Quality 0 Mineral Resources l;( Noise 0 Population I Housing )K Public Services 0 Recreation 0 TransportationlTraffic 0 Utilities I Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: 0 The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 The proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 0 Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. S/IDID~ Date I -101.' r; Date ( ~-;20 Environmental Analysis & Discussion for File No. Z-2006-04, Cupertino-Ol Annexation Geology and Soils Portions of the property may be subject to seismically-induced inundation and soil liquefaction as are all lands abutting a creek. Since the land is proposed for a trail and park, there will be no resident population, no habitable structures, or expensive improvements. Given the potential geologic hazard and proposed land use activity, the level of risk is considered acceptable and the environmental impact less than significant. Hazards and Hazardous Materials The site is currently used by the Roads and Airport Division of Santa Clara County as a storage yard for construction materials and asphalt grindings. The presence of onsite hazardous materials is unknown at this time. Should such materials exist on the site or in the soil, redevelopment of the property for recreational and park purposes will expose park visitors to such potential hazards. Soils testing to assess the levels of any hazardous materials in the County storage yard shall be conducted prior to any final decision to improve the land for park and recreational purposes. Land Use and Planning The County-owned lands are presently within the Urban Service Area and Sphere of Influence ofthe City of San Jose. San Jose City Council Policy 6-15: "City Boundary Changes in Existing Urbanized Areas" declares that boundary agreement lines between cities should be maintained, and that the City of San Jose is satisfied with existing boundary agreements and will only consider modifications that include equal exchanges of like territory, population or tax base. The subject properties are owned by the County and have no improvements or population. According to San Jose Planning staff, these property transfers would have no detrimental effect on provision of municipal services in San Jose and would be neutral from a fiscal standpoint, and therefore would be consistent with the intent of San Jose Council Policy. Cupertino staff is pursuing a San Jose Council resolution that will confirm this position. Such a resolution is a prerequisite of LAFCO approval of the boundary realignment. Any potential land use policy conflict would be mitigated by the required San Jose City Council resolution. Noise Redevelopment of the lands for park and recreational uses will expose park users to vehicular noise from Lawrence Expressway. Generated noise levels may exceed General Plan noise standards of 67 Ldn for playgrounds, neighborhood parks, which is considered a normally unacceptable level of noise. Park design shall include a noise analysis to identify noise levels and recommend mitigation measures to bring any significant noise to an acceptable level. 1 C2 -;2 0;