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103-B. Negative Declaration / Initial Study.pdfCITY OF CUPERTINO RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMITTEE September 2, 2010 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 September 2, 2010. PROJECT DESCRIPTION AND LOCATION Application No.: M-2010-03, EXC-2010-03, TM-2010-03 (EA-2010-04) Applicant: Jane Vaughan (Cupertino Housing Partners, LLC) Location: 19501, 19503, 19505, 19507 Stevens Creek Blvd DISCRETIONARY ACTION REQUEST Modification to a Use Permit (U-2003-04) to allow general commercial uses at an existing mixed -use project (Metropolitan at Cupertino); Exception to the Heart of the City Specific plan to allow non -retail uses to exceed 25 percent of the total building frontage along Stevens Creek Boulevard; Tentative Map to subdivide an existing ground floor commercial space into 5 commercial condominiums 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 the cumulative impact of the otherwise CEQA-exempt capital projects is determined to be insignificant. arti Shrivastava Director of Community Development g/erc/REC EA-2010-04 UPERTIN PROJECT DESCRIPTION: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department Staff Use Only EA File No. EA-2010-04 Case File No. M-2010-03, EXC-2010-03 TM-2010-03 Attachments Project Title: Metropolitan commercial condominiums Project Location: 19501 19503 19505 & 19507 Stevens Creek Boulevard Project Description: Tentative Tract Map to subdivide 6,400 square feet of retail space in a mixed -use (residential/commercial) development into five commercial condominium units; Modification to a Use Permit to allow for medical offices (non -retail uses); and Exception to the Heart of the City Specific Plan to allow for more than 25% of the building frontage for non -retail — uses., Environmental Setting: The project site is a developed mixed -use residential/commercial development consisting of 107 residential condominium units and 6,400 square feet of retail space in an existing urbanized area. The site is located on the north side of Stevens Creek Boulevard, east of Wolfe Road, and west of Finch Avenue, surrounded by a multi -story office complex to the west a vacant commercial site to the east commercial uses to the south and a mixed use residential/commercial proiect under construction to the north. PROJECT DESCRIPTION: Site Area (ac.) - 3.2 acres Building Coverage — 22% retail coverage Exist. Building — 6,400 s.f. of retail. Proposed Bldg. - 0 s.f. Zone - P G.P. Designation - Commercial/Office/Residential Assessor's Parcel No. - 316- 49- 999 If Residential, Units/Gross Acre - N/A Total# Rental/Own Bdrms Total s.f. Price Unit Type #1 Unit Type #2 Unit Type #3 Unit Type #4 Unit Type #5 Applicable Special Area Plans: (Check) ❑ Monta Vista Design Guidelines ❑ S. De Anza Conceptual ❑ N. De Anza Conceptual ❑ S. Sara -Sunny Conceptual ❑ Stevens Crk Blvd. Conceptual ❑ Stevens Creek Blvd. SW & Landscape X Heart of the City Specific Plan If Non -Residential, Building Area - 6,400 s.f. FAR - N/A Max. Employees/Shift - N/A Parking Required 521 spaces (mixed -use) Parking Provided 522 spaces (mixed -use) Project Site is Within Cupertino Urban Service Area - YES X NO ❑ 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 C. CITY AGENCIES Site 19. Community Development Dept. List 20. Public Works Dept. 21. Parks & Recreation Department 22. Cupertino Water Utility OUTSIDE AGENCIES County Planning Department Adjacent Cities' Planning Departments D. OUTSIDE AGENCIES (Continued) Midpeninsula Regional Open Space District County Parks and Recreation Department Cupertino Sanitary District Fremont Union High School District Cupertino Union School District Pacific Gas and Electric Santa Clara County Fire Department County Sheriff CALTRANS County Transportation Agency Santa Clara Valley Water District OUTSIDE AGENCY DOCUMENTS BAAQMD Survey of Contaminant Excesses FEMA Flood Maps/SCVWD Flood Maps USDA, "Soils of Santa Clara County" County Hazardous Waste Management Plan County Heritage Resources Inventory Santa Clara Valley Water District Fuel Leak Site CalEPA Hazardous Waste and Substances Site OTHER SOURCES Project Plan Set/Application Materials Field Reconnaissance Experience w/project of similar scope/characteristics ABAG Projection Series 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 page. 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) EVALUATION OF ENVIRONMENTAL IMPACTS: 0 cc = ISSUES: 2� o M �� ao ��� ®M [and Supporting Information Sources] W N 3 o N E Z E acn —yin = in I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a ❑ ❑ ❑ 121 scenic vista? [5,9,24,41,44] b) Substantially damage scenic resources, ❑ ❑ ❑ 0 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 character or quality of the site and its surroundings? [1,17,19,44] d) Create a new source of substantial light or ❑ ❑ ❑ E, glare, which would adversely affect day or nighttime views in the area? [1,16,44] ►� Aesthetics The proposed project would not alter the existing visual character of the site and its surroundings because no physical changes are proposed to the existing site. Therefore, the proposed project will also not significantly degrade the existing visual character of the site since no exterior building changes and/or footprint changes are proposed. MITIGATION MEASURES: None required. _........ ....... .... ..........................................._._...._.........................._.................._................................._......._..........................._............. --.... ..... ............... .... c 0 c ............ v t v t� V V M ISSUES: ao 0) J in U) [and Supporting Information Sources] E 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 i project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ 0 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 ❑ ❑ ❑ agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing ❑ ❑ ❑ environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] __............................................................ ... .............................................. ........................................................ _.............. ..... ................................... __............ .......... _.... _. _. FINDINGS: The project site is an existing mixed -use (commercial/residential) development, and is not located in an area identified as prime farmland. Nor is the site being used for or zoned for agricultural use. The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Therefore, the proposed project will not result in a significant impact on the City's or Region's agricultural resources. MITIGATION MEASURES: None Required. _*, ca= co= as=E m=3'Q' ZE ISSUES: O .�® a, y p J F = N=E 0® J N [and Supporting Information Sources] 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 ❑ ❑ ❑ M the applicable air quality plan? [5,7,42,44] b) Violate any air quality standard or ❑ ❑ ❑ 0 contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net ❑ ❑ ❑ I] 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 ❑ ❑ ❑ ❑x pollutant concentrations? [4,37,44] e) Create objectionable odors affecting a ❑ ❑ ❑ 0 substantial number of people? [4,37,44] f) Generate greenhouse gas emissions, ❑ ❑ ❑ 0 either directly or indirectly, that may have a significant impact on the environment? g) Conflict with any applicable plan, policy or ❑ ❑ ❑ 0 regulation of an agency adopted for the purpose of reducing the emissions of greenhousegases? FINDINGS: There are no air quality impacts anticipated with this project. MITIGATION MEASURES: None Required. c 0c v cOC H v® 'c N v 'c O cOC CL ® 2M — y 3' g G� O N G) 0).9 Z E ISSUES: a N J N= J [and Supporting Information Sources] — IV. BIOLOGICAL RESOURCES --Would the project: a) Have a substantial adverse effect, either ❑ ❑ ❑ 0 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 ❑ ❑ ❑ IZI 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 ❑ ❑ ❑ federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? [20,36,44] d) Interfere substantially with the movement ❑ ❑ ❑ El 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 ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41 ] f) Conflict with the provisions of an adopted ❑ ❑ ❑ 0 Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Additionally, no rare, threatened, endangered or special status species of flora or fauna are known to inhabit the site. MITIGATION MEASURES: None Required. , o C = c Oo .3 (ao CL c CL d C E y C 6 N C Z ISSUES: O 2)® a, C d O J N 0 G) 2 J CO[and Supporting Information Sources] V. CULTURAL RESOURCES --Would the project: a) Cause a substantial adverse change in ❑ ❑ ❑ 0 the significance of a historical resource as defined in §15064.5? [5,13,41 ] b) Cause a substantial adverse change in ❑ ❑ ❑ 0 the significance of an archaeological resource pursuant to §15064.5? [5,13,41 ] c) Directly or indirectly destroy a unique ❑ ❑ ❑ 0 paleontological resource or site or unique geologic feature? [5,13,41 ] d) Disturb any human remains, including rXi those interred outside of formal cemeteries? [1,5] FINDINGS: The project is not anticipated to impact archaeological resources. MITIGATION MEASURES: None Required. c r_ o C ++ �vc3 «�vca _ 2CE H��*'i _ =' O Nc'3�'0- ~ .® E M ZEi ISSUES: o.-- n, C d,� ® J Cn _ u) w.0— N [and Supporting Information Sources] — VI. GEOLOGY AND SOILS — Would the 1 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 delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44] ii) Strong seismic ground shaking? ❑ ❑ ❑ [2,5,10,44] iii) Seismic -related ground failure, including ❑ ❑ ❑ 0 liquefaction? [2,5,10,39,44] iv) Landslides? [2,5,10,39,44] ❑ ❑ ❑ 0 b) Result in substantial soil erosion or the ❑ ❑ ❑ 0 loss of topsoil? [2,5,10,44] c) Be located on a geologic unit or soil that is ❑ ❑ ❑ [H] 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 in Table 18-1-B of the Uniform Building Code (197), creating substantial risks to life or property? [2,5,10] e) Have soils incapable of adequately ❑ ❑ ❑ 0 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] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Therefore, the project is not anticipated to impact geology or soils. Additionally, the site is not located within a Geologic Hazard Zone or Liquefaction zone. MITIGATION MEASURES: None Required. c cc = .0 _ v ascE ~ o Nc3*'Q- H v cva E ® cva zE ISSUES: IL CO J � = U) J am ® [and Supporting Information Sources] — VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: d) Be located on expansive soil, as defined ❑ ❑ ❑ E 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 ❑ ❑ ❑ Fx1 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] a) Create a significant hazard to the public or ❑ ❑ El ❑ 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 ❑ ❑ ❑ El the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? [32,40,42,43,44] c) Emit hazardous emissions or handle ❑ ❑ ❑ M 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 ❑ ❑ ❑ 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 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 ❑ ❑ ❑ E ! 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 interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a ❑ ❑ ❑ 0 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] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. However, the applicant is requesting to allow typical medical/dental office uses within the existing retail space which will involve the typical use and disposal of medical/dental materials. These medical/dental office uses will be required to comply with State of California requirements for use and disposal of such materials. Therefore, the risk of creating a significant hazard to the public is considered less than significant. MITIGATION MEASURES: None Required. ---- — — __ ------------ - -- -- — -- — -- ---—..... ......... -- .............. -- I c N v M 0 s v Iw a� i ' E Z E ISSUES: odca'—E a. a3 - — — [and Supporting Information Sources] — Vlll. HYDROLOGY AND WATER QUALITY --Would the project: a) Violate any water quality standards or ❑ ❑ ❑ rx-1 waste discharge requirements? [20,36,37] b) Substantially deplete groundwater ❑ ❑ ❑ 0 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] c) Substantially alter the existing drainage ❑ ❑ ❑ I] 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? [14, 20,36] d) Substantially alter the existing drainage ❑ ❑ ❑ 0 pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site [20,36,38] e) Create or contribute runoff water which ❑ ❑ ❑ 0 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 ❑ ❑ ❑ I] quality? [20,36,37] g) Place housing within a 100-year flood ❑ ❑ ❑ hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] h) Place within a 100-year flood hazard area ❑ ❑ " I] structures which would impede or redirect flood flows? [2,38] i) Expose people or structures to a significant ❑ ❑ ❑ IZI 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 ❑ ❑ ❑ mudflow? [2,36,38] r�I►T171k[e � The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Additionally, based on the FEMA flood insurance maps for the City of Cupertino, the project site is located in Zone X and is not located within a 100-year floodplain and would therefore have no impact on 100-year flows. The project would not expose people to flood hazards associated with the 100-year flood. The site is not subject to seiche or tsunami. MITIGATION MEASURES: None Required. c c 0 r o v _ 0 t _ *2 cvc o cva _v ISSUES: a te— J U J Cl) _ [and Supporting Information Sources] E IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established ❑ ❑ ❑ 1XI community? [7,12,22,41] b) Conflict with any applicable land use plan, ❑ ❑ 0 ❑ policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 1 [1,7,8,16,17,18,44] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. However, the proposed project is requesting a tentative map to allow for the creation of five retail condominium units, a modification to the Use Permit to allow for medical/dental office uses in the existing retail spaces and an exception to the Heart of the City Specific Plan to allow for more than 25% of the store frontage to be occupied by non -retail uses which does conflict with the Use Permit granted under the existing zoning of the site, and with the Heart of the City Specific Plan. These` conflicts, however, are not anticipated to create any environmental impacts, and are therefore, considered less than significant. MITIGATION MEASURES: None Required. r c v M 0 b y i p H v M o cc us c E vNi = 3 'CL °' CL U)i c Z ISSUES: ob— a COJ� a'.P o = oP— J U) — [and Supporting Information Sources] X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known ❑ ❑ ❑ EI 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 locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? [5,10] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Additionally, the project site is outside of the Lehigh Quarry area, and will therefore not result in a significant impact from the loss of availability of a known mineral resource. MITIGATION MEASURES: None Required. c c = o cam-cvc CL o Hen. oQl ascE )=3 CL N E ZE ISSUES: ®•°' a N J •tm v F ) .r— U) [and Supporting Information Sources] _ — XI. NOISE -- Would the project result in: a) Exposure of persons to, or generation of, ❑ ❑ ❑ 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 ❑ ❑ ❑ El excessive groundborne vibration or groundborne noise levels? [8,18,44] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? [8,18] ❑ ❑ ❑ 0 d) A substantial temporary or periodic ❑ ❑ ❑ 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 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 airstrip, would the project expose people residing or working in the project area to excessive noise levels? [8,18] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Therefore, no noise impacts are anticipated with the project. MITIGATION MEASURES: None Required. .._._............... ..._..................................................... ........ _.................. _..... __._.................................................................... ___................. _.............. _. ....... _.__................... _......... _.. A ..... _._.__.............. _.......................... _............... .... c ° ......................... ......... ............. .... _ ................. ..................... _.., 0. asc� N='3LMC. U) ZE ISSUES: o.2)— a U �,� o J N C J [and Supporting Information Sources] — XII. POPULATION AND HOUSING --Would the project: a) Induce substantial population growth in an ❑ ❑ ❑ 0 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 ❑ ❑ ❑ [H] housing, necessitating the construction of replacement housing elsewhere? [3,16,44] c) Displace substantial numbers of people, ❑ ❑ ❑ FX-1 necessitating the construction of replacement housing elsewhere? [3,16,44] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. No displacement of housing or people is proposed with the project. Therefore, the project will not have an impact on housing or population. MITIGATION MEASURES: None Required. c ca c 0 c *M— v cva H 2=* H vco p d c E N c 3 N c E Z ISSUES: ao . in — = J � — [and Supporting Information Sources] — Xlll. 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] ❑ ❑ ❑ rx-1 Police protection? [33,44] ❑ ❑ ❑ px Schools? [29,30,44] ❑ ❑ ! El Parks? [,17,19,21,26,27,44] ❑ ❑ ❑ Other public facilities? [19,20,44] _ ❑ ❑ ❑ rX, FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Additionally, the project site is currently developed and located in an urbanized area of Cupertino, and well served by existing Fire, Sheriff, School, Park and other Public Facilities. MITIGATION MEASURES: None Required. ISSUES: [and Supporting Information Sources] -c acE ao Cn® 2 Mo ui=32'Q' J N v E -4- U_E J N ocva ZE XIV. RECREATION -- a) Would the project increase the use of ❑ ❑ ❑ El existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19, 21, 26, 27,44] b) Does the project include recreational ❑ ❑ ❑ 0 facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. Additionally, the proposal to subdivide the retail space into five retail condominium units and to allow for medical/dental office uses in existing retail space will not involve an increase in the use of existing parks and recreational facilities in the neighborhood or City. MITIGATION MEASURES: None Required. .......................................... _.................................. _............................ ..... _..---.................................... --........................... ....................... -- .... - ...... __ ...-....... I ................ ---......... ..... ....... .............. _..................... __............... -- _ ... ................ ............... ._................ ............ ................................ � O = '..�— N v cvc v s® yc3'? Imo—' v o z o uNi= w — — ISSUES: a y .� J N .0 .J U) [and Supporting Information Sources] — XV. TRANSPORTATION/TRAFFIC -- Would the project: ........... ............................................................... ......................... -...................................................... -.......................... -- a) Cause an increase in traffic which is ❑ ❑ ❑ 0 substantial in relation to the existing traffic load and capacity of the street system (i.e., 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, ❑ ❑ ❑ ❑x 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, ❑ ❑ ❑ 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 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? ❑ ❑ ❑ El [2,19, 32, 33, 44] f) Result in inadequate parking capacity? ❑ ❑ ❑ PX1 [17,44] g) Conflict with adopted policies, plans, or ❑ ❑ ❑ E programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] FINDINGS: The proposed project does not involve any physical changes to the site, or construction or exterior modifications to the project site. The proposal to allow for medical/dental office uses in 60% of the existing retail space will entail a minor increase in the need for parking (9 additional spaces) based upon the City's parking regulations; however, because the site as a mixed -use development was approved for shared parking, the applicant has demonstrated that there are sufficient additional parking spaces available for use by the retail building within the adjacent shared parking garage for the mixed -use development. The applicant nas demonstrated that there are approximately 20 additional parking spaces in the shared parking garage to accommodate the 9 additional spaces needed for the medical/dental office uses. Therefore, the project will not result in inadequate parking capacity. MITIGATION MEASURES: None Required. [and Supporting Information Sources] E XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment 0 El 0 MR requirements of the applicable Regional Water Quality Control Board? [5,22,28,36,44] 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 new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? [5,22,28,36,44] 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] 0 Be served by a landfill with sufficient 0 0 0 rX-1 permitted capacity to accommodate the project's solid waste disposal needs? [?] I g) Comply with federal, state, and local 0 0 0 El statutes and regulations related to solid FINDINGS: The proposed project does not involve any physicalchanges hothe site, o[construction o[ exterior modifications bothe project aite./\ddUUono||y.Ulep[opooed projectwould not require construction of new facilities for wastewater treatment, storm dnainage, water, or waste disposal because the subject site ialocated within the City ofSan Jose Urban Service Area where such facilities exist, and have the capacity to serve the proposed project. MITIGATION MEASURES: None Required. XVII. MANDATORY FINDINGS 'OF SIGNIFICANCE (To be completed by City Staff) a) Does the project have the potential to ❑ ❑ ❑ E 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 j animal or eliminate important examples of the major periods of California history or prehistory? [] b) Does the project have impacts that are ❑ ❑ ❑ rx-1 individually limited, but cumulatively considerable? ("Cumulatively i 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)? [l c) Does the project have environmental ❑ ❑ ❑ 0 effects which will cause substantial adverse effects on human beings, either directly or indirectly? [] FINDINGS: As discussed in the previous sections, the proposed project would not potentially have significant environmental effects. 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. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Hazards & Hazardous ❑ Hydrology / Water ❑ Land Use / Planning Materials Quality ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities / Service ❑ Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: M 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. ❑ The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 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. ❑ 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 ERC Ch irperson Date Date