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.02 Z-2008-01 City of Cupertino CITY OF C;UPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Z-2008-05 Agenda Date: February 12, 2008 Applicant: City of Cupertino Owner: City of Cupertino Location: So~theast end of Cleo Avenue adjacent to Highway 85 Application Summary: Rezoning of a .27 acre parcel from Planned Multi-Family Residential (P(R3)) to Planned Residential (P(Res)) to accommodate four single-family homes. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of: 1. The negative declaration, file number EA-2008-0l; 2. The rezoning application, file number Z-2008-01, in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Acreage (Gross): Residential, Medium/High Density P (R3) .27 acres Project Consistency with: General Plan: Yes Environmental Assessment: Negative Declaration BACKGROUND: In March 2000, the California Department of Transportation (Caltrans) notified the City of Cupertino of excess property located on Cleo Avenue adjacent to Highway 85. Under California State law (Government Code 854220), Caltrans was required to first offer the subject property to the City for an affordable housing or park use. Cupertino completed the sale in August 2005 when the property title was transferred to the City for the purchase price of $615,000. DISSCUSSION: On August 20, 2007, the City released a Request for Proposals for the Cleo Avenue Affordable Housing Development. Of the thirty-eight agencies on the mailing list, only one response was received. Habitat for Humanity presented th~ City with a proposal on October 17, 2007 and was selected by the City Council to develop the property on December 18, 2007. The City Council directed staff to initiate the rezoning of the property . 2-1 Applications: Z-2008-01 Cleo Rezoning February 12, 2008 The 11,938 sq. ft. parcel is currently zoned P(R-3), Planned Development, multi-family, with a land use designation of "medium to high density 10-20 d.u'; acre." The current zoning district allows a maximum of four rental units. With the rezoning of the parcel from P(R-3) to P(Res), Habitat for Humanity could build a maximum of four ownership units. The proposed units range in size from 820-950 square feet. The rezoning would allow this project to take place in the future and is not a final approval. Approval will result from future use permit and tentative map public hearings. Surrounding Uses/Compatibility: The subject property is adjacent to townhomes to the south, and existing single family parcels to the west and north. The parcels to the west and north are zoned P(R-3), while the townhomes parcels are zoned P(Res). The rezoning is compatible with the surrounding single family homes along Cleo Avenue and the townhomes to the south which are also zoned P(Res). Enclosures: Model Resolution for Z-2008-01 Negative Declaration Initial Study Exhibit A, Zoning Plat Map Aerial Image Submitted by: Vera Gil, Senior Planner --------:. Approved by: Steve Piasecki, Director of Community Developm~ 2 2-2 Z-2008-0l CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF A .27 ACRE SITE FROM P(R3), PLANNED DEVELOPMENT MULTI F AMIL Y RESIDENTIAL, TO P(RES), PLANNED DEVELOPMENT RESIDENTIAL SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: Z- 2008-01 City of Cupertino Southeast end of Cleo Avenue adjacent to Highway 85 SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning .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 rezorung meets the following requirements: 1) That the rezoning is 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 zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning 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 rezoning promotes the orderly development of the city. 2-3 Model Resolution Page 2 Z-2008-01 February 12, 2008 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. Z-2008-01 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-2008-01, as set forth in the Minutes of the Planning Commission Meeting of February 12, 2008 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: Zoning Plot Map, except as may be amended by the Conditions contained in this Resolution. The revised legal description shall be submitted to the City prior to final map approval. PASSED AND ADOPTED this 12th day of February 2008, 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 Marty Miller, Chair Cupertino Planning Commission G: \ Planning\ PDREPORT\ RES\ 2008\ 2-2008-01 res.doc 2-4 CITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE January 23, 2008 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 January 23, 2008. PROTECT DESCRIPTION AND LOCATION Application No.: Applicant: Location: z- 2008-01 (EA - 2008-01) City of Cupertino Southeast end of Cleo Avenue adjacent to Hgwy 85 DISCRETIONARY ACTION REQUEST . Rezoning of a .27 acre parcel from Planned Multi-Family Residential (P IR3) to planned Residential (PIRes) to accommodate four single family homes 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 significant environmental impacts. / s / Steve Piasecki Steve Piasecki Director of Community Development g/ercjREC EA-2008-01 2-5 ., CITY OF CUPEIQ"INO Community Development Department ,~. ,_ : " .:;' -;,::~::~ ' ~.::: :,~?:;- ij~~~~:;;';;,:<: '-'.:- :,/;_> ',~~:::'/: , ~:.',: ;~\' '::: ~::::?~t'~;n:;J:. ;\F;i :~_~_l n:~~>i~;i:~;~;~J";,',~:<~:~: ;. :+:;.~i:i.~:f'-':':'rc~~.,~,;.~s;~,;::: ::L~!,:;Y~;:~';r::~!~;;-; ':r :-.: '-.: -,:' :', _ ~.: ~~_';,> " ;Y,;; T' H "'': ..... ':"r\"JNITIAL STUDY,.. ENVIRONMENT AL1iEVAIlUATION;'GHECKL.IST . ...... ........ ." . . <. . -:::2.L'~':_':"":_:~'~';~::...:~'~:~:~~;::i~:::L~~~:L:,_::'~:~L,..i;_:~:S}~:~~=~::~:;1iti~;~~:dW:&;~n1'~W3,~:&:12t~i'i1~2.:C'J:;I1::i:"'5i'flillii12';']~:-\:{~LJ~,[t1ffi; :!:-:~;~i:;_/".:..c.:f;'J~:.;::':.2L{ j':~ --.:.:1..~' City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Staff Use Only EA File No.EA-2008-01 Case File No.z-2008-01 PROJECT DESCRIPTION: Project Title: Rezoninq of a .27 acre parcel from Planned Multi-Family Residential (P(R3) to Planned Residential (P(Res) to accommodate four sinqle family homes. Project Location: Southeast end of Cleo Avenue. adiacent to Hiqhway 85 Project Description: Cleo Avenue CalTrans Excess Property Environmental Setting: Existinq sinqle family properties to the west. planned development townhomes to the south. PROJECT DESCRIPTION: . Site Area (ac.) - _N/A_ Building Coverage - N/A Exist. Building - N/A sJ. Proposed Bldg. - N/A sJ. Zone -R1 G.P. Designation - Residential Med/Hiqh 10-20 DU/Gr. Ac. Assessor's Parcel No. - 362-31-004 If Residential, Units/Gross Acre - Applicable Special Area Plans: (Check) o Monta Vista Design Guidelines o S. De Anza Conceptual 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 - sJ. FAR - Max. Employees/Shift - _Parking Required Parking Provided Project Site is Within Cupertino Urban Service Area - YES [8] NO 0 2-6 A. CUPERTINO GENERAL PLAN SOURCES 1. Land Use Element 2. Public Safety Element 3. Housing Element 4. Transportation Element 5. Environmental Resources 6. Appendix A- Hillside Development 7. Land Use Map 8. Noise Element Amendment 9. City Ridgeline Policy 10. Constraint Maps B. CUPERTINO SOURCE DOCUMENTS 11. Tree Preservation ordinance 778 12. City Aerial Photography Maps 13. "Cupertino Chronicle" (California History Center, 1976) 14. Geological Report (site specific) 15. Parking Ordinance 1277 16. Zoning Map 17. Zoning Code/Specific Plan Documents 18. City Noise Ordinance 18b City of Cupertino Urban Runoff Pollution Prevention Plan C. CITY AGENCIES Site 19. Community Development Dept. List 20. Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility D. OUTSIDE AGENCIES 23. County Planning Department 24. Adjacent Cities' Planning Departments 25. County Departmental of Environmental Health D. OUTSIDE AGENCIES (Continued) 26. Midpeninsula Regional Open Space District 27. County Parks and Recreation Department 28. Cupertino Sanitary District 29. Fremont Union High School District 30. Cupertino Union School District 31. Pacific Gas and Electric 32. Santa Clara County Fire Department 33. County Sheriff 34. CALTRANS 35. County Transportation Agency 36. Santa Clara Valley Water District 36b Santa Clara Valley Urban Runoff Pollution Prevention Program 36c San Jose Water Company E. OUTSIDE AGENCY DOCUMENTS 37. BAAQMD Survey of Contaminant Excesses 38. FEMA Flood Maps/SCVWD Flood Maps 39. USDA, .Soils of Santa Clara County" 40. County Hazardous Waste Management Plan 41. County Heritage Resources Inventory 42. Santa Clara Valley Water District Fuel Leak Site 43. CalEPA Hazardous Waste and Substances Site 43b National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Discharge Permit Issued to the City of Cupertino by the San Francisco Bay Regional Water Quality Control Board 43c Hydromodification Plan F. OTHER SOURCES 44. Project Plan Set/Application Materials 45. Field Reconnaissance 46. Experience w/project of similar scope/characteristics 47. ABAG Projection Series A. Complete g![ 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. .fProject Plan Set of Legislative Document .fLocation map with site clearly marked (when applicable) 2-7 BE SURE YOUR INITIAL STUDY SUBMITTAL IS COMPLETE. INCOMPLETE MATERIALS MAY CAUSE PROCESSING DELAY EVALUATION OF ENVIRONMENTAL IMPACTS: ~- 0 C1: - C C 1: C:;::; -ns- ns ns 0 ns nsns- - _!!! u u .c u --... .cuu u ISSUES: - -- ~ 1-1;:;1;;0 I- -- ns o ns c:!:: (1)-- -;: Olc. (I):!:: C. zc. [and Supporting Information Sources] Q) C E (I) C --... (l)cE E c5.~ - Q)Ol ~o Q) -~- ..J -- :iE U D.tJ) tJ) C ..JtJ) - I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a 0 0 0 [8] scenic vista? [5,9,24,41,44] b) Substantially damage scenic resources, . 0 0 0 [8] including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual 0 0 0 [8] character or quality of the site and its surroundings? [1,17,19,44] d) Create a new source of substantial light or 0 0 0 [8] glare, which would adversely affect day or nighttime views in the area? [1,16,44] II_ AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique 0 0 0 [8] 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 [8] agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing 0 0 0 [8] environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] L---____. ---- 2-8 >>- C _ 0 C'C - C C C; -cu- cu cu 0 cu cucu- - .! u u .c u.c.- "- .cuu u ISSUES: _._ cu ....I;:_nio .....- cu o cu C :!:: c. II).-.i CJc.. II) :!:: c.. zc.. [and Supporting Information Sources] Q) C E II) C .- "- II)cE E 15.~ - Q)CJ ~o Q) .~- - ....I .- :E U c..t/) t/) C ....It/) - III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of 0 0 0 [8] the applicable air quality plan? [5,37,42,44] b) Violate any air quality standard or 0 0 0 lID contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net 0 0 0 [8] increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial 0 0 0 lID pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a 0 0 0 lID substantial number of people? [4,37,44] IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either 0 0 0 [8] directly or through habitat modifications, on any species identified as a candidate, . sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] b) Have a substantial adverse effect on any 0 0 0 [8] 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] l cJ Have a substantial adverse effect on 0 0 0 [8] federally protected wetlands as defined by Section 404 of the Clean Water Act (includinQ, but not limited to, marsh, vernal 2-9 I >.- 0 c- -c c C c:;::: c -ns- ns ns 0 ns nsns_ - .! u u .c u .c .- "- .cuu u ISSUES: -&;:& 1-&;:_1ao I- .- ns o ns c._ 1Il'-'i C)c. III :!:: c. zc. [and Supporting Information Sources] Q) c E III C .- "- III C E E 15.2' - Q)C) ~o Q) .2'- ...I .- :E U D..t/) t/) C ...It/) - pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement 0 0 0 [R) 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] e) Conflict with any local policies or 0 0 0 [R) ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 0 0 0 [R) Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in 0 0 0 [R) the significance of a historical resource as defined in 915064.5? [5,13,41] b) Cause a substantial adverse change in 0 0 0 [R) the significance of an archaeological resource pursuant to 915064.5? [5,13,41] c) Directly or indirectly destroy a unique 0 0 0 [R) paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including 0 0 0 [R) those interred outside of formal cemeteries? [1,5] VI. GEOLOGY AND SOILS - Would the project: 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 [R) 0 delineated on the most recent Alquist-Priolo Earthg_uake Fault Zoning MaR issued bv the ---. 2-10 >,- 0 c1;: -c C1;: c~ -ns- ns ns 0 ns nsns- - .!!! u u .c U .- I- .cUU U ISSUES: -Ij:~ ~1j:;1lio ~lj:ns o ns C._ m'-'- C)e. m'- e. ze. [and Supporting Information Sources] Q) C E m C ;:.- I- m C E E '0 .!2J- Q)C) ~o CD .!2J- - ...I .- ::E U D.t/) t/) C ...It/) - State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology . Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? 0 0 0 [8] [2,5,10,44] iii) Seismic-related ground failure, including 0 0 0 [8] liquefaction? [2,5,10,39,44] iv) landslides? [2,5,10,39,44] 0 0 0 [8] b) Result in substantial soil erosion or the 0 0 0 [8] loss of topsoil? [2,5,10,44] c) Be located on a geologic unit or soil that is 0 0 0 [8] 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? [2,5,10,39] d) Be located on expansive soil, as defined 0 0 0 [8] in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? [2,5,10] e) Have soils incapable of adequately 0 0 0 [8] supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? [6,9,36,39] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: 0 0 0 [8] a) Create a significant hazard to the public or 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 [8] the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] 2-11 >>- 0 c- -c cc c;; c -ns- ns ns 0 ns nsns_ - .! u u .c u .c .- "- .cuU u ISSUES: _._ ns t-.-_1U 0 t-.- ns o ns c ~ g. II) ~ '3: C) a. II) ~ a. za. [and Supporting Information Sources] Q) C E II) C .- "- II) C E E o.~- Q)C) ~o Q) .~- - ...J .- :':!: u D..tI) tI) C ...JtI) - c) Emit hazardous emissions or handle 0 0 0 IRI hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? [2,29.30,40,44] d) Be located on a site which is included on a 0 0 0 IRI list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? [2,42,40,43] e) For a project located within an airport land 0 0 0 IRI use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a private 0 0 0 IRI 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 IRI interfere with an adopted emergency response plan or emergency evacuation plan? [2.32.33,44] h) Expose people or structures to a 0 0 0 IRI significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1.2,44] VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate anywater quality standards or 0 0 0 IRI waste discharge requirements? [20.36,37] 2-12 I >.- 0 c- -c c 1: C :;:l C -ns- ns ns 0 ns nsns_ - .!!! u u .c u .c.- "- .cuu u ISSUES: -lj:~ 1-lj::!::1iio 1-.- ns o ns c._ II) .- ~ C) c. II) :t:: C. zc. [and Supporting Information Sources] G) C E II) C .- "- II) C E E o.~- G) C) :!:: 0 G) .~- - .J .- :::e u ll.en en C .Jen - b) Substantially deplete groundwater 0 0 0 IKI supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? [20,36,42] e) Create or contribute runoff water which 0 0 0 IKI would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water 0 0 0 IKI quality? [20,36,37] g) Place housing within a 1 OO-year flood 0 0 IKI 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 IKI structures which would impede or redirect flood flows? [2,38] . i) Expose people or structures to a significant 0 0 0 IKI 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 IKI mudflow? [2,36,38] . IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established 0 0 0 IKI community? [7,12,22,41] b) Conflict with any applicable land use plan, 0 0 0 IKI policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) _ ado~ted for the ~pose of avoidin~ -- ---- 2-13 I >.,'" 0 c'" -c cc c;::; c -CU'" cu cu 0 cu CUCU'" ... .! U U J: U J: .- ... J:UU U ISSUES: c!E ~ I-li::::"'~o I- .- CU o CU 1/)'-'3: tnc. I/) ~ c. zc. [and Supporting Information Sources] CI) c E I/) C ._... I/) C E E o.~- CI) tn ~ 0 CI) .~- - D..tn -J(;;. :!: g ...Jtn - mitigating an environmental effect? [1,7,8,16,17,18,44] c) Conflict with any applicable habitat 0 0 0 00 conservation plan or natural community conservation plan? [1,5,6,9,26] X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known 0 0 0 00 mineral resource that would be of value to the region and the residents of the state? [5,10] b) Result in the loss of availability of a 0 0 0 00 locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, 0 00 0 0 noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? [8,18,44] b) Exposure of persons to or generation of 0 00 0 0 excessive groundborne vibration or ground borne noise levels? [8,18,44] c) A substantial permanent increase in 0 0 0 00 ambient noise levels in the project vicinity above levels existing without the project? - [8,18] d) A substantial temporary or periodic 0 0 0 00 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 00 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? [8,18,44] f) For a project within the vicinity of a private 0 0 0 00 2-14 >.- 0 C1: -C C1: C;; -ns- ns ns 0 ns nsns- - .!!! u u ,c u .- ~ ,cuU u ISSUES: -.- ~ I-._=~ 0 I-r;:ns o ns c~ II) ~ .~ tn c. II) .- c.. zc. [and Supporting Information Sources] Q) C E II)C ._~ II) C E E c5.~ - Q)tn ~o Q) tn_ ..J .- ~ u .- a.. en en C ..Jen - airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an 0 0 0 [K] area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing 0 0 0 [K] housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, 0 0 0 [K] necessitating the construction of replacement housing elsewhere? [3,16,44] XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, 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? [19,32,44] 0 0 0 [K] Police protection? [33,44] 0 0 0 [K] Schools? [29,30,44] 0 0 0 [K] Parks? [5,17,19,21,26,27,44] 0 0 0 [K] Other public facilities? [19.20,44] 0 0 0 [K] XIV. RECREATION -- a) Would the project increase the use of 0 0 0 [K] existing neighborhood and regional parks or I_~er recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? -- - _._-,- 2-15 ~- 0 c- c1: c.- -c ns 0'tU c -ns- nsns_ - .! u u .c ~ .c .- ... .cuU u ISSUES: -I;:~ 1-1;:_'tUo I- .- ns o ns c ._ II).-.i O)Q. II) ~ Q. zQ. [and Supporting Information Sources] Q) c E II) C .-... II) C E E c5.~ - Q)O) ::=0 Q) .~- ...J .- :i: U D..t/) t/) C ..Jt/) [5,17,19,21,26,27,44] b) Does the project include recreational 0 0 0 [8] facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] XV. TRANSPORTATIONITRAFFIC-- Would the project: a) Cause an increase in traffic which is 0 0 [8] 0 substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, 0 0 0 [8] a level of service standard established by the county congestion management agency for designated roads or highways? [4,20,44] c) Result in a change in air traffic patterns, 0 0 0 [8] including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,?] d) Substantially increase hazards due to a 0 0 0 [8] 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 [8] [2,19,32,33,44] f) Result in inadequate parking capacity? 0 0 0 [8] [17,44] g) Conflict with adopted policies, plans, or 0 0 0 [8] programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment 0 0 0 [8] requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] ..-.----------.--.- '--- - ---- 2-16 IISSUES: --- >.- C - 0 C- -c c c; c -ra- rara Ora rara_ - -~ (.) (.) .c (.) __ '- .c(.)(.) (.) -It:~ 1-lt:=nsO I-lt:ra o ra I [and Supporting Information Sources] c __ (1)-- -i mQ, (1)-- Q, zQ, Q) C E II)C --'- II) C E E c5.~ - Q)t:D :t:::o Q) -~- ...J -- :E (.) - D..UJ UJ C ...JUJ . b) Require or result in the construction of 0 0 0 lEI new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [36,22,28,36] c) Require or result in the construction of 0 0 0 lEI 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 lEI 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? [5,22,28,36.44] f) Be served by a landfill with sufficient 0 0 0 lEI permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local 0 0 0 lEI statutes and regulations related to solid waste? , .' , , XVII_ MANDATORY FINDINGS OF SIGNIFICANCE (To be completed by City Staff) a) Does the project have the potential to 0 0 0 lEI degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining' levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are 0 0 0 lEI 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 2-17 ~- 0 c- -c cc c:;:; c -ns- ns ns 0 ns nsns_ - .!! u u .c u .c .- "- .cuU u ISSUES: -~ ~ 1-~_1Uo I-~ns o ns c ._ I/).-.j me. 1/).- e. ze. [and Supporting Information Sources] CD C E I/) C .- "- I/) C E E cL21- CD m ~ 0 CD .21- D..tn ...J .- ::!: u ...Jtn tn C - other current projects, and the effects of probable future projects)? c) Does the project have environmental effects 0 0 0 [8] which will cause substantial adverse effects on human beings, either directly or indirectly? __--L.......____~...____ ______ PREPARER'S AFFIDAVIT 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 Print Preparer's Name 2-18 ENVIRONMENTAL EVALUATION (To be Completed by City Staff) 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 /Soils 0 Hazards & Hazardous 0 Hydrology / Water 0 Land Use / Planning Materials Quality . 0 Mineral Resources 0 Noise 0 Population / Housing 0 Public Services 0 Recreation 0 T ransportation/Traffic 0 Utilities / Service 0 Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: [8] The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 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. Staff Evaluator Date ERC Chairperson Date 2-19