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IV. Planning PolicyIV. PLANNING POLICY This chapter discusses the relationship of the proposed Apple Campus 2 Project with planning -related policies. A project's inconsistency with a policy is only considered significant if that policy was adopted for the purpose of avoiding or mitigating an environmental effect, and the inconsistency itself would result in a physical environmental effect. Policies are described in select topical sections of the EIR where they relate to the physical environment and are intended to avoid or mitigate physical environmental effects. In reviewing this chapter, it is important to understand that the determination of whether a project is consistent with a specific policy can be subjective, and that consistency determinations are best made with a broad understanding of the often -competing policy objectives in a planning document. As a result, policy consistency determinations are ultimately made by the City's local decision-making body (e.g., Planning Commission and City Council). The analysis in this chapter is intended to provide decision -makers with a list of the policies that are pertinent to the project and site, and a preliminary conclusion regarding whether the project is generally consistent with these identified policies. These preliminary conclusions are intended to supplement decision -makers' own under- standing of the various policy considerations. The main guiding documents regulating land use within and around the project site are the City of Cupertino General Plan; the City of Cupertino Zoning Ordinance; and the Santa Clara Valley Water Resources Protection Collaborative Guidelines and Standards for Land Use Near Streams. The North Vallco Master Plan, which was never formally adopted by the City Council, provides planning guid- ance for the vicinity of the project site, and is discussed in this section for informational purposes only. In addition, because the site is bordered by the City of Sunnyvale to the north and the City of Santa Clara to the east, land use designations in those cities are briefly discussed. The consistency of the proposed project with other non -planning -related policies is addressed in the appropriate topical sections of the EIR (e.g., Air Quality and the Bay Area Air Quality Management District policies and guidelines). Applicable planning policies from each of the documents listed above are described below. A. CITY OF CUPERTINO GENERAL PLAN This section describes relevant information from the City of Cupertino General Plan' and discusses the consistency of the proposed project with the goals, policies, and programs outlined therein. Appli- cable planning -related policies in the General Plan, and the general consistency of these policies with the proposed project, are summarized in Table IV -1. 1 Cupertino, City of, 2005. City of Cupertino General Plan 2000-2020. November. P:\COC 1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 141 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY 1. Description The City of Cupertino General Plan (General Plan) is a comprehensive plan for the growth and devel- opment of the City between 2000 and 2020. The General Plan "provides a vision of the City's future by integrating the aspirations of residents, businesses and officials into a comprehensive strategy for guiding future development." The key objective of the General Plan is to create a community that is safe, vibrant, and diverse, that offers multiple ways to move around, and that accommodates change in a way that also protects key community values. As noted in the Introduction, "The underlying purpose of the General Plan is to build a great community that serves the needs of its residents, maximizes the sense of connection between neighborhoods and enhances Cupertino as a great place to live, work and play." The General Plan includes policies related to: land use/community design; housing; circulation; envi- ronmental resources/sustainability; and health and safety. These topics are addressed within individ- ual elements, or sections, of the General Plan. The Land Use/Community Design; Housing; Circula- tion; and Environmental Resources/Sustainability elements of the General Plan are relevant to project planning issues and are discussed below. a. Land Use/Community Design Element. The Land Use/Community Design Element estab- lishes the configuration of land uses and the overall look and feel of the City. It also functions as the overall policy guide for future development in Cupertino and "deals with the central issues of growth and the quality of the community, and helps define the desired balance among the social, environ- mental and economic costs and benefits associated with growth." The policies in the element are intended to "help Cupertino evolve into a more integrated, walkable, cohesive community with an identifiable center and well-defined edges." The design policies in the element are specifically intended to: "promote buildings and spaces that invite people into the public realm, stitch different parts of the community together and instill a sense of civic identity." The Land Use/Community Design Element identifies several factors to be included in achieving the desired community character in the City, including: "the preservation of its natural setting, maintenance and improvement of its attractive residential neighborhoods, the creation of lively public places, the provision of quality public services and facilities, the integration and connection of different land uses, the vitality of business and manufacturing, and the maintenance of a strong tax base for government and school operations." (1) Land Use Designations. The City's Land Use Map shows the planned distribution of land uses across the City. Every parcel in the City is assigned a land use designation, which dictates the type of land uses that may be developed in that area. The majority of the project site (over 99 percent of the site) is designated Industrial/Residential (P)MP (see Figure IV -1). The Industrial/Residential land use designation: Allows primarily industrial uses and secondarily residential uses or a compatible combination of the two. Industrial use refers to manufacturing, assembly and research and development. Administrative offices that support manufacturing and wholesaling are included. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 142 L S A FIGURE IV-1 City of Cupertino City of Sunnvale Very Low Density Residential Quasi-Public/Institutional Low Density Residential Low Density Residential fll Riparian Corridor Neighborhood Commercial High Density Residential City of Santa Clara mu mu uuuuuuu. VIII � Project Site Boundaries Commercial/Office/Residential Very Low Density Residential Commercial/Residential -p� hflltiti� Parks/Open Space City Limits Boundary MMMM Creeks Industrial/Residential Regional Commercial Apple Campus 2 Project E'IR SOURCES: GOOGEEEARTH, LSAASSOCIATES,INC., JUNE 2011. General Plan Land Use Designations I:ACOCII01 Apple Campus 21figures\EIR\Fig_IV I.ai (5/31/13) LSA ASSOCIATES, INC. JUNE 2015 This page intentionally left blank. APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 144 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY The remaining portion of the project site, approximately 1.1 acre (less than 1 percent of the site), located south of Pruneridge Avenue and east of The Hamptons, is designated Parks and Open Space. This designation was made in 2005, as part of an approval for a 130 -unit townhouse development project. The Parks and Open Space land use designation "is applied to land owned by the public and used for recreation." The General Plan also allows for the designation to be applied to publicly - accessible private open space and recreational lands, in recognition of the desire expressed in the General Plan for private open space and recreational lands to also function as public amenities (see Land Use/Community Design Element Policy 2-72). As the 130 -unit townhouse development project did not move forward, this site currently consists primarily of a parking lot, and has not been developed with park uses. In addition, the corridor around Calabazas Creek within the project site (which is owned by the Santa Clara Valley Water District (SCVWD)) is designated Riparian Corridor, which is "applied to creek corridors if they are not part of a larger park or residential property." The General Plan does not specify any development standards or restrictions for areas designated Riparian Corridor, although the General Plan contains several policies which seek to integrate creeks as design features, use creeks as trail corridors, and restore native vegetation in riparian zones. The land use designations to the north and east of the project site (in the cities of Sunnyvale and Santa Clara, respectively) are provided for informational purposes. The land use designations to the north of the site (in the City of Sunnyvale) are Neighborhood Commercial and Low Density Residential. The land use designations to the east of the site (in the City of Santa Clara) are Very Low Density Resi- dential and Parks/Open Space. The City of Santa Clara General Plan identifies Pruneridge Avenue to the east of the site as a Proposed Trail.' The land designations to the south of the site, beyond I-280 are Commercial/Office/Residential and Commercial/Residential. The Hamptons apartment commu- nity is designated High Density Residential (20-35 dwelling units per gross acre). The area to the west of the site, across North Wolfe Road, is designated Commercial/Residential. (2) Community Designations. The project site is identified in the City of Cupertino General Plan as an activity/employment center labeled "Vallco Light Industrial R&D" on Figure 2-13, Community Form, of the Land Use/Community Design Element. The site is also identified as the Vallco Park North employment center in Figure 2-E, Special Centers, which is the largest of four designated employment centers. The General Plan recognizes the importance of retaining Vallco Park North as "an employment area of predominantly office and light industrial activities, with neighbor- hood commercial uses." On Figure 2-G, Cupertino's Historic Resources, the Glendenning Barn (located north of Pruneridge Avenue within the project site) is identified as a Historic Site. Vallco Industrial Park, which is coterminous with the project site, is identified as a Community Landmark in Figure 2-G. In addition, the approximately 1.1 -acre portion of the site south of Pruneridge Avenue and east of The Hamptons apartment community that is designated Parks and Recreation in the General Plan is identified as a Community Park on Figure 2-K, Cupertino Park Areas. This park has not been developed and currently consists of a parking lot. (3) Development Allocation. The Land Use/Community Design Element also contains the City's development allocation policies, which are designed to allow the City to allocate development 2 Sunnyvale, City of, 2011. City of Sunnyvale General Plan. July. 3 Santa. Clara, City of, 2010. City of Santa Clara 2010-2035 General Plan. November. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 145 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY potential to private development projects based on the community benefits the project would provide. Strategy 3 of Policy 2-20 encourages the City to "[p]rioritize expansion of office space for existing major companies in Cupertino." That policy further directs the City to "[r]etain a pool of 150,000 square feet to be drawn down by companies with Cupertino sales offices and corporate headquarters." In order to qualify for this allocation reserved for "major companies," "[n]ew office development must demonstrate that the development positively contributes to the fiscal well being of the City." Development is allocated throughout the City in accordance with Table 2-A, Development Alloca- tion. Per Table 2-A, the Vallco Park North area (which contains the project site) is estimated to have 2,981,930 square feet of office space in 2010, with a buildout potential of 3,069,676 square feet. In addition, 483,053 square feet of City-wide office space is allocated to "Major Employers." The Land Use/Community Design Element notes that the portion of the project site located north of Pruneridge Avenue is governed by a Development Agreement with Hewlett-Packard that expires in 2015. That Development Agreement "commits the City to the development policies of the 1993 adopted General Plan, excluding the policies on additional mitigated development that were later rescinded." The intensity of future development on that site (proposed after expiration of the Devel- opment Agreement) would be "determined in conjunction with specific development review." (4) Trails. Land Use/Community Design Element Policy 2-73 envisions the dedication or acquisition of trail linkages to connect areas and provide for a more walkable community. Figure 2-I, Trail Linkages, identifies the Calabazas Creek Trail extending through the project site along the creek as an "Existing or Proposed Trail Linkage." This trail linkage would need to traverse a culvert under I-280 in order to link with a future segment to the south. Accompanying text in the Land Use/Com- munity Design Element states: "There is an opportunity for a trail along Calabazas Creek that would connect the Vallco planning area to Cupertino High School and Creekside Park. The SCVWD's `Clean, Safe Creeks and Natural Flood Protection Plan' calls for identifying recreation opportunities along the Creek as part of the flood protection project." Thus the General Plan envisions that a trail established along Calabazas Creek would connect to adjoining neighborhoods, employment centers, and open spaces (see Policy 2-73, Strategy 1). No trail currently exists within the project site or along the boundaries of the site. Policy 2-73, Strategy 2 directs the City to "[i]mplement the trail projects described in this element," and "[e]valuate any safety, security and privacy impacts and mitigations associated with trail develop- ment." It also notes that the City should "[w]ork with affected neighbors in locating trails." Policy 2-73, Strategy 3 directs the City to: "Require dedication or easements for trails, as well as their implementation, as part of the development process, where appropriate." While the General Plan encourages trails along creeks —particularly in conjunction with development activity —it does not mandate the dedication of property for the purposes of a trail under all circumstances. b. Housing Element. The Housing Element provides "a vision for guiding future residential development, as well as for preserving and enhancing existing residential areas." Per the requirements of State law, the Housing Element outlines Cupertino's objectives for housing production; lists policies and programs to achieve local housing goals; examines the need for housing resources in Cupertino, with a focus on special needs populations; identifies adequate sites for new housing; evaluates constraints in the production of housing; and evaluates the consistency of the Housing Element with the rest of the General Plan. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 146 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY The Housing Element acknowledges that: "Job growth is expected to continue to outpace population and household growth in Cupertino, increasing the `jobs rich' nature of the city." Vallco Park North, which includes the project site and The Hamptons, is identified in Figure 4. 1, Potential Units by Planning Area, as having the potential for the development of 179 residential units. C. Circulation Element. The Circulation Element promotes connectivity and mobility throughout Cupertino, with a focus on non -automotive transportation. A major objective of the Element is to reduce the use of single -occupancy motor vehicles to move around Cupertino, with an intent "to balance the needs of pedestrians and bicyclists with the requirements of drivers." The Circulation Element also acknowledges that in certain cases, the policies identified in the Element may promote bike and pedestrian access while reducing the level of service of roadways for motor vehicles. From a land use and planning perspective, the Circulation Element seeks to encourage alternative forms of transportation by better coordinating land use and transportation planning, including through the construction of transit -oriented projects with additional transportation choices. Figure 4-B, Bikeways, identifies several bike facilities in the vicinity of the project site. Adjacent to the project site, East Homestead Road is identified as an Existing Bicycle Lane; North Tantau Avenue is identified as a Proposed Bicycle Lane; Pruneridge Avenue is identified as an Existing Bicycle Lane; and North Wolfe Road is identified as a Proposed Class 3a Facility (where bikes would share the roadway with motor vehicles).4 Class II bike lanes are located on all streets surrounding the project site and Pruneridge Avenue. Figure 4-C contains the Circulation Plan, which identifies Pruneridge Avenue as a minor collector. Other relevant policies in the Circulation Element include maintaining a minimum of level of service (LOS) D for major intersections during the morning and afternoon peak traffic hours and minimizing the number of driveways and curb cuts. However, the Circulation Element supports the maintenance of lower LOS where necessary to support alternative modes of transportation. For instance, Policy 4-7 states: `Balance the needs of pedestrians with desired traffic service. Where necessary and appropri- ate, allow a lowered LOS standard to better accommodate pedestrians on major streets and at specific intersections." d. Environmental Resources/Sustainability Element. The Environmental Resources/Sustain- ability Element seeks to balance the long-term use of resources in the City with economic and com- munity development. One focus of the Element is the creation of land use patterns that encourage walking, biking, and transit use; the development of higher -density residential uses; and the preserva- tion of Cupertino's natural resources. Specific policies seek to protect riparian zones, restore areas around creeks with native vegetation, and provide trail and open space linkages for recreation and wildlife use. Another major initiative of the Environmental Resources/Sustainability Element focuses on energy conservation and efficiency, and the use of green building techniques and renewable energy, improving water quality through limiting impervious surfaces, and conserving water, includ- ing through the potential use of recycled water. Policy 5-2 states: "Encourage the maximum feasible conservation and efficient use of electrical power and natural gas resources for new and existing residences, businesses, industrial and public uses." 4 The General Plan incorporates bike and pedestrian routes identified in the San Tomas Aquino/Saratoga Creek Trail Master Plan. In the vicinity of the project site, the Master Plan identifies Pruneridge Avenue (east of the site) and North Tantau Avenue (east of the site) as main trail alignments. Pruneridge Avenue east of the site is also designated as a bike route. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 147 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY 2. Consistency Applicable planning -related policies in the General Plan, and the general consistency of these policies with the proposed project, are summarized in Table IV -1. This analysis discusses any inconsistencies with applicable plans in order to provide a policy context to the project's anticipated environmental impacts. One of the purposes of this discussion in the EIR is to provide decision -makers with the information needed for them to make findings regarding the project's overall consistency with the City's General Plan. Such a decision requires balancing competing interests and does not require a finding of strict consistency. Furthermore, the failure of the project to fully implement any single General Plan policy may not itself be an environmental impact, but rather that fact may be considered as a factor when determining whether the project may cause significant environmental effects. a. Land Use/Community Design Element. As described above, the project site (with the exception of an approximately 1.1 -acre site located south of Pruneridge Avenue, which is designated for Parks and Open Space uses, and the Calabazas Creek vicinity, which is designated Riparian Corri- dor) is designated Industrial/Residential on the City's Land Use Map. The proposed office, research and development space, and accessory uses that would be developed as part of the proposed project would be consistent with the Industrial/Residential designation. The lack of proposed residential uses would not conflict with the designation, as such uses are not mandated to be developed within the designation, and are considered secondary to industrial -type uses. Similarly, the proposed project would not conflict with the Riparian Corridor designation in the General Plan, as Calabazas Creek and its banks would be preserved in their existing state, and riparian vegetation would be planted within a 50 -foot zone adjacent to the creek. In addition, the proposed project would be consistent with the enhancement of North Vallco as an activity/employment center — a policy initiative promoted in the General Plan — as the project would increase employment on the site from 4,844 persons (the current employee count, which is less than the current employee capacity of 9,800 persons) to 14,200 persons and would intensify development on the site. The project would also be consistent with specific policies in the Land Use/Community Design Element that seek to concentrate development in urban nodes and retain Vallco Park North as an office and light industry -focused employment area (Policies 2-1, 2-13, and 2-35). In addition, the conceptual design of the project would not conflict with adjacent residential uses, primarily because most of the campus is separated from surrounding residential uses by major roadways and an extensive perimeter landscaped buffer (and this buffer would be maintained as part of the project). Likewise, proposed buildings would comply with appropriate setback requirements east of North Tantau Avenue (Policy 2-6). The project would also promote several other policy objectives in the Land Use/Community Design Element related to economic issues, including maintaining: the vitality of business and manufacturing (Policy 2-40), existing major companies within Cupertino (Policy 2-40), a strong tax base (Policy 2- 44), and the City's fiscal well being (Policy 2-20, Strategy 3). Apple, the City's largest employer, is the largest taxpayer in the City and generates revenues for the City in property, sales, and other taxes and fees on an annual basis. The proposed project would allow Apple to keep its company headquar- ters in Cupertino and further expand its operations in the City. The proposed project would also generate significant one-time public benefits expected to amount to at least several million dollars. There would likely be other indirect fiscal and economic benefits to the City such as increased spending/sales taxes in the City due to the proposed increase in employees on the project site. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 148 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY However, the proposed project would re -designate a portion of the site currently designated for Parks and Open Space, and would not fully implement certain policy initiatives of the General Plan related to the provision of trails and bike and pedestrian access, which would result in physical environmental effects, as discussed below. Impact PLAN -1: The proposed project would change the designation of a 1.1 -acre portion of the site designed Parks and Open Space, and would reduce the acreage of land designated for future parks in the City. (S) The proposed project would change the land use designation of the approximately 1.1 -acre portion of the site designated Parks and Open Space to Industrial/Residential. This proposed re -designation would reduce the acreage of land designated for future parks in the City available for public use. Although the Parks and Open Space designation was made in 2005 in conjunction with the approval of a 130 -unit townhouse development east of The Hamptons — aproject that was never implemented — the designation is now part of Cupertino's overall supply of future park space (i.e., a supply that could ostensibly serve all residents of the City and local employees). The City-wide importance of the future park is evidenced in its identification on Figure 2-K (Cupertino Park Areas) of the Land Use/Community Design Element. The removal of the Parks and Open Space designation would preclude the development of a Community Park on the site per Figure 2-K and would diminish the City's overall supply of future neighborhood park space. None of the private open space proposed as part of the project would be accessible to the public. Therefore, the re -designation of Parks and Open Space land on the site without a comparable replacement elsewhere would be a significant impact. Implementation of the following mitigation measure would reduce this impact to a less -than -significant level: Mitigation Measure PLAN -1: The project sponsor shall implement one of the following options: a. Provide sufficient funds for the acquisition of 1.1 acres of property by the City for future park development; or b. Agree to purchase (unless other property currently owned by Apple is proposed), designate, and dedicate to the City 1.1 acres elsewhere in the City as Parks and Open Space, subject to the satisfaction of the City, provided the land would be publicly accessible. (LTS) Any one of the two options listed in Mitigation Measure PLAN -1 would allow for the future development of 1.1 acres of park space (i.e., the size of the area currently designated Parks and Open Space on the project site) by the City and would allow the City to retain the existing acreage of land designated for future public parks in the City. This mitigation measure would thus ensure that the project would not result in a net loss of future park space in the City. A possible Development Agreement may also address improvements to the future park space. Impact PLAN -2: The proposed project would not fully implement some policies in the Land Use/Community Design Element of the General Plan related to the provision of bike and pedestrian access due to the vacation of Pruneridge Avenue, resulting in an environmental impact. (S) P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 149 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY The proposed vacation of a segment of Pruneridge Avenue and the accompanying loss of pedestrian and bicycle facilities was evaluated for consistency with the following policies in the Land Use/Community Design Element, all of which are intended to promote pedestrian and bike usage: Policy 2-2 (which requires the enhancement of pedestrian and bike connections to surrounding neighborhoods and the provision of pedestrian and bike paths in new developments); Policy 2-7 (which requires a balancing of the roadway system between automobile and pedestrianibike needs); and Policy 2-22 (which requires the elimination of pedestrian barriers, and evaluation of planned public facilities, such as schools and parks, to improve pedestrian access, street tree planting, and neighborhood entries, and to consider special sidewalk and lighting requirements). The proposed project would result in the development of extensive private bike and pedestrian facilities within the project site, including walking paths connecting all buildings, extensive open space, and bike parking facilities, in conformance with Policy 2-2. However, these facilities would not be accessible to the public. The project would improve pedestrian and bike facilities on the streets surrounding the project site, thus enhancing some pedestrian and bike connections to surrounding neighborhoods, in partial conformance with Policy 2-2. Replacement pedestrian/bike access that would extend through the project site (to mitigate the removal of Pruneridge Avenue) has been rejected by the project sponsor due to security and privacy concerns. For that reason, providing bike and pedestrian access through the site is considered unacceptable to Apple. As discussed in Chapter III, Project Description, and Section V.I, Transportation and Circulation, Apple has proposed supplementing the nearly continuous existing bike paths and sidewalks on North Wolfe Road, East Homestead Road, North Tantau Avenue, and Vallco Parkway to improve the bike and pedestrian experience on these streets, since they would serve to replace the connections lost due to the removal of Pruneridge Avenue. While those improvements would enhance the bike and pedestrian environment, and provide alternative routes to the segment of Pruneridge Avenue within the project site, they are not complete substitutes for the existing pedestrian and bicycle facilities along Pruneridge Avenue that would be vacated. Based on data collected by Fehr & Peers Transportation Consultants at a location on Pruneridge Avenue halfway between North Wolfe Road and North Tantau Avenue, approximately 28 bicyclists and 308 pedestrians would be expected to use the segment on a weekday between 8:00 a.m. and 5:00 p.m. and six bicyclists and 91 pedestrians would be expected to use the segment on a weekend day between 8:00 a.m. and 5:00 p.m.5 While the bicycle and pedestrian counts show relatively low rates of non -motorized travel along Pruneridge Avenue, the vacation of the street would adversely affect the general connectivity of the area, causing some bicyclists and pedestrians to use streets with more vehicular traffic and higher average speeds, and potentially discouraging use of non -motorized travel modes. The removal of Pruneridge Avenue would create a longer, less -direct, and sometimes less -comfortable experience for bikers and pedestrians traveling west to east (or in the opposite direction). 5 Fehr & Peers, 2013. fipple Campus 2 Transportation Impact Analysis. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 150 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY Currently, while the project site is relatively well connected to the bicycle networks of Cupertino and Sunnyvale, most nearby facilities are Class II bicycle lanes along wide, high -traffic roadways. No major Class I facilities exist within the immediate vicinity of the project site. The pedestrian experi- ence is also generally poor, particularly along the campus perimeter. Very long blocks, limited crossings, and high traffic speeds and peak volumes discourage pedestrian travel. Furthermore, I-280 is a significant bicycle and pedestrian barrier in the area. The vacation of Pruneridge Avenue would exacerbate current connectivity constraints. Although the proposed improvements on the streets surrounding the project site would substantively meet the intent of Land Use/Community Design Element Policies 2-2, 2-7, and 2-22, which focus on the public realm, the removal of Pruneridge Avenue as a public right-of-way and elimination of associated pedestrian and bicycle facilities would not fully implement these policies. This partial policy conflict would be considered significant because it would eliminate existing public access through the project site; eliminate an existing east/west bike and pedestrian connection between North Tantau Avenue and North Wolfe Road, requiring a detour along roads with high traffic volumes ;6 and reduce bike and pedestrian access in the North Vallco area, further reinforcing the superblock and car -centric land use pattern of the area. The adverse impacts to pedestrian and bike facilities would occur even in the context of relatively modest existing pedestrian and bike usage along the segment of Pruneridge Avenue within the project site. Implementation of the following mitigation measure would reduce this impact, but not to a less -than - significant level, as the elimination of existing pedestrian and bicycle facilities would still occur. Therefore, this impact would remain significant and unavoidable. Mitigation Measure PLAN -2: The project sponsor shall implement the following measures to the satisfaction of the City: a. Fund, construct, and, where necessary, provide dedications of real property (including costs for planning, design, construction and maintenance), all bike, pedestrian, landscaping, and sidewalk improvements in the public right-of-way along all properties bounded by East Homestead Road, North Tantau Avenue, Vallco Parkway, and North Wolfe Road. In locations where the improvements are adjacent to property with past project approvals, the design details shall be consistent with all other improvements approved by the City. b. A coordinated wayfinding scheme shall be introduced along the entire alternate east -west loop (North Wolfe Road, East Homestead Road, Vallco Parkway, and North Tantau Avenue). Wayfinding signage shall be designed to orient visitors and residents, pointing them to area attractions, retail areas, pedestrian and bicycle access routes, and other important destinations. Signs shall also be designed to direct those on foot or on bike to the safest bicycle and pedestrian routes, as well as other bicycle and pedestrian amenities. c. Enhanced bike lanes, pedestrian paths, fencing, guard rails (if feasible), and pedestrian - scaled lighting shall be installed along the North Wolfe Road bridge over I-280. 6 For instance, with removal of Pruneridge Avenue, a bike trip from the intersection of North Tantau Avenue/ Pruneridge Avenue to the intersection of North Wolfe Road/Pruneridge Avenue would be doubled in length (from approxi- mately 0.5 mile to 1.1 miles) and would require two signalized left -turn movements along high-volume roadways (one at North Tantau Avenue/East Homestead Road and one at East Homestead Road/North Wolfe Road). The pedestrian trip would also be approximately doubled in length. P:\COC 1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 151 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY d. Other bicycle and pedestrian amenities, such as high visibility crosswalks, "yield to pedestrians" signage, leading pedestrian intervals at signalized intersections, and other publically accessible amenities (e.g., bicycle racks, benches, attractive pedestrian -oriented lighting, and landscaping) along the project site perimeter shall be installed. These amenities shall be designed to improve the safety and attractiveness of alternative modes of travel within the vicinity of the project site. e. Implement Mitigation Measures: TRANS -23 and TRANS -28 (to improve pedestrian safety at the North Wolfe Road/Project Access intersection); TRANS -29 (to enhance the pedestrian environment at the I-280 ramps with Wolfe Road); and PLAN -3 (to construct an alternate Calabazas Creek pedestrian/bike trail). f. Update American with Disabilities Act (ADA) ramps at the following locations: Vallco Mall overpass on North Wolfe Road; northbound North Wolfe Road at I-280 south on- ramp, with updated crosswalk striping; northbound North Wolfe Road at I-280 north on- ramp, with updated crosswalk striping; west side of North Wolfe Road at Pruneridge Avenue; and southbound North Wolfe Road at I-280 south off -ramp, with updated crosswalk striping. (SU) Impact PLAN -3: The proposed project would not fully implement policies in the Land Use/ Community Design Element of the General Plan related to the provision of a proposed trail segment along Calabazas Creek, and this conflict would result in an environmental impact. (S) The proposed project would not implement the proposed trail segment along Calabazas Creek shown in General Plan Figure 2-I. Because access to the interior of the site would be restricted by a perimeter security fence, development of the project may preclude the future development of a trail along the creek segment within the project site. Therefore, the project would not fully implement Strategies 2 and 3 of Policy 2-73 of the Land Use/Community Design Element, which encourage the implementation of trail projects (and require dedications or easements for trails, where appropriate). However, Strategy 2 and Strategy 3 of Policy 2-73 allow flexibility in the implementation of trails. Strategy 2 requires the City to evaluate safety, privacy, and security impacts and mitigations associated with trail development, and to work with affected neighborhoods in locating trails. Calabazas Creek currently functions as a flood channel and is fenced by the SCVWD in part to address safety and security concerns. While in the case of a typical residential, retail, or office project, security concerns could be addressed with fencing between the project site and the trail, Apple has raised concerns that the fundamental objective of a secure campus would be compromised with the provision of a public trail immediately adjacent to or through the project site. Because such a trail, depending on its design and associated landscaping, may not be completely visible from the street, the possibility of unauthorized access into the project site may be heightened. Even with security and design measures such as fencing, a trail would pose security concerns, according to Apple, because Apple has been the target of intense scrutiny regarding its future products. Fostering innovation and collaboration among Apple employ- ees is a key project objective, requiring absolute security and privacy to prevent the possible loss of intellectual property. A public trail immediately adjacent to or through the project site would conflict with this objective. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 152 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY The research and development buildings that would be developed as part of Phase 2 would not be separated from the street by a fence, and therefore would be programmed in a manner that would accommodate a more public interface, even though the buildings would be secure and access to the property controlled. Therefore, the Main Building and its surrounding campus, developed as part of Phase 1, would be reserved for the more confidential functions that require greater security, requiring security fencing along the property boundary (including at the creek). In addition, the riparian corridor within the project site terminates at a culvert under I-280. If a trail at Calabazas Creek were provided, it would either terminate at the I-280 culvert or would require a crossing under or over I-280. A connection under I-280 would be a potentially costly engineering solution or would only be operable during the dry season (i.e., unavailable during the winter months when Calabazas Creek experiences high water levels). The cost of a connection over I-280 would be significantly higher and would be disproportional to the impact of the project on planned trail facilities, making it an infeasible mitigation measure. The General Plan allows that when considering the location of trails, the City consider safety, security, and privacy impact. Thus the focus of the General Plan is on determining the optimal complete trail alignment based on the totality of circumstances related to the implementation of a trail segment. In lieu of developing a trail segment adjacent to Calabazas Creek within the project site or along Calabazas Creek, Apple has proposed an "alternate Calabazas Creek Trail Route" from the creek intersection across and along North Tantau Avenue, continuing west along Vallco Parkway to where the roadway meets Calabazas Creek. The improvements that are part of the project and related to the alternate Calabazas Creek Trail Route include the following: North Tantau Avenue • Detached sidewalks between Pruneridge Avenue and Vallco Parkway. • Restriped and/or enhanced bike lanes on both sides of North Tantau Avenue between Vallco Parkway and Pruneridge Avenue. • Intersection markings at unsignalized intersections on North Tantau Avenue between Pruneridge Avenue and Vallco Parkway. • Bike boxes as necessary at intersections to reduce conflicts between motorists going straight and cyclists turning left at signalized intersections along the alternate creek trail. • Reconfiguring the North Tantau Avenue bridge over I-280 by providing bike lanes and sidewalks in both directions. Vallco Parkway • Detached sidewalks between North Tantau Avenue and Calabazas Creek. • Restriped and/or enhanced bike lanes on both sides of the street. • Connecting bike lanes to those on North Tantau Avenue. • Bike boxes as necessary at intersections to reduce conflicts between motorists going straight and cyclists turning left at signalized intersections along the alternate trail route. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 153 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY Please refer to Chapter III, Project Description, for complete details about bike and pedestrian improvements that would be implemented as part of the project in addition to those identified above. However, even with the roadway improvements identified above, the project would not fully imple- ment the trail route identified in General Plan Figure 2-I (showing a future trail along Calabazas Creek within the project site) and related policies in the Land Use/Community Design Element related to the provision of trails. These conflicts would be considered a significant and unavoidable environmental impact because the project would preclude the development of a creek -side trail within the project site (as long as Apple controls the site), which could provide a higher -quality pedestrian and bicyclist experience compared to on -street routes. Traffic modeling for the project indicates that four travel lanes (two in each direction) are required to meet the traffic demand at the bridge over I- 280 on North Tantau Avenue. With four travel lanes, a bike lane, and sidewalk in each direction, the limited right-of-way at the bridge over I-280 might preclude the planting of vegetation or the provision of enhanced bike lanes/pedestrian paths. Implementation of the following mitigation measure would reduce the severity of this impact but not to a less -than -significant level, and it would remain significant and unavoidable: Mitigation Measure PLAN -3: The project sponsor shall implement the following measures to the satisfaction of the City, as illustrated in Figure IV -3: a. Fund and construct to the satisfaction of the City a pedestrian/bike alternate creek trail extending from the intersection of North Tantau Avenue and Calabazas Creek, south to Vallco Parkway, on both sides of North Tantau Avenue, and then west along the north side of Vallco Parkway to the intersection of Calabazas Creek. This funding shall account for planning, design, collaboration with other agencies, and construction and maintenance of the alternate trail route. The trail shall include a combination of the following features that reference Calabazas Creek: • Signage along the route including both wayfinding/maps and information on creek habitat and ecology; • Appropriate plantings that mimic creek -side habitats and provide a linear reference point between the creek -side portions of the trail and the trail detour (wherever possible); • Special pedestrian scaled lighting; • Rest areas or picnic tables at trail intersections along North Tantau Avenue and Vallco Parkway, as feasible, to highlight the route's recreational nature while also not diminishing its role as a transportation route; • Additional recreational amenities such as water fountains and trash receptacles; • Appropriate pavement treatments that reference the creek and/or water; and • Decorative fencing and/or guard rails on North Tantau Avenue along the bridge over Calabazas Creek and the bridge over I-280 and where the creek meets Vallco Parkway, that reference the creek and strengthen the linear connection between the creek and the trail detour. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 154 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY b. Partially fund, in the sum of $250,000, a study of a full Class I separated trail, where rights- of-way are adequate, along the drainage channel that runs parallel to southbound I-280 between North De Anza Boulevard and Calabazas Creek, and then south along the western bank of Calabazas Creek to Vallco Parkway. The study would only assess the feasibility of such a trail in the general area. If the City determines such a trail is feasible and determines to carry out the project, the trail would be subject to further environmental review and subsequent approvals. The potential future trail would connect to the project -related bicycle lane improvements on North Tantau Avenue and Vallco Parkway. The east -west connec- tion would be publicly -accessible and would be used for commuting and recreation. (SU) While the mitigation measure set forth above would partially mitigate the loss of the segment of the planned Calabazas Creek trail identified in the General Plan, this measure would provide substitute trail facilities and alignments that would be less desirable to trail users. Furthermore, the measure would achieve the objectives of the General Plan relating to the Calabazas Creek trail to a lesser extent than implementation of the segment identified in the General Plan. Therefore, the mitigation measure would reduce the severity of the impact, but not to a less -than -significant level. Thus the impact would remain significant and unavoidable. In addition, the proposed project would result in the relocation of Glendenning Barn (listed as a Historic Site in the Land Use/Community Design Element) to an on- or off-site location. As discussed in detail in Section V.E, Cultural Resources, of this EIR, the Glendenning Barn is considered a historic resource pursuant to CEQA. Relocation of the barn could adversely affect the historic integ- rity of the barn and could conflict with the identification of the barn as a Historic Site. However, the legislative history of the City's Historic Resource Policy (see Section V.E, Cultural Resources, for a more detailed discussion) recognizes that in certain circumstances relocation may mitigate an impact to an historic resource to a less -than -significant level.' Impact PLAN -4: The proposed project would not be consistent with the identification of the Glendenning Barn as a Historic Site in the General Plan. (S) Implementation of the following mitigation measure (which would require certain protocols to be followed when the barn is relocated) would reduce this impact to a less -than -significant level: Mitigation Measure PLAN -4: Implement Mitigation Measure CULT -1. (LTS) b. Housing Element. The proposed project would not conflict with the general policy thrust of the Housing Element, which is intended to guide the development and protection of residential uses in the City. Implementation of the project would result in the development of office and research and development uses on a site on which office and research and development uses currently exist and where housing units could otherwise be developed as a secondary use. Although the project would reduce the amount of land in the City available for the development of housing, this reduction would not result in significant adverse environmental effects, as the project would not constrain the supply of land available for the development of residential uses such that the City's future supply of housing would be compromised. The project would not fully comply with Program 10 of the Housing Element, which requires major new office and industrial projects to build housing. However, this 7 Cupertino, City of, 2010. Staff Report. Website: cMertino.eranicus.com/MetaViewer.php?view id=14&clip id=929&meta id =45028. April 20. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 155 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY inconsistency would not result in a significant impact, as the project sponsor has agreed to pay twice the Office/Industrial/Hotel/Retail/R&D Housing Mitigation fee applicable to P(MP) districts for the development of affordable housing elsewhere in the City.8 Please refer to Section V.C, Population, Employment, and Housing, for additional detail. C. Circulation Element. As discussed in Chapter III, Project Description, Apple currently operates a comprehensive Transportation Demand Management (TDM) Program that is designed to reduce the use of single -occupancy motor vehicles and encourage the use of transit, biking, and walking for work-related trips. The current program includes comprehensive privately -operated transit services throughout the Bay Area, on-site bike facilities, transit subsidies, and on-site amenities (to reduce the need for employees to make off-site trips during the day). This program would be expanded as part of the project. In addition, the project includes extensive on-site pedestrian facilities, which would make it easy and pleasant for employees to move around the site by foot. These measures and the site plan would reduce vehicle trips generated by the project and would be consistent with Policy 4-2 of the Circulation Element (which promotes reduced reliance on private motor vehicles, in part through project design). The robust TDM Program that would continue to be implemented as part of the project (and would be expanded) would also encourage the use of public transit by employees, in accordance with Policy 4-5. In addition, by reducing the number of driveway access points and curb cuts, the project would comply with Policy 4-9 (which seeks to minimize the number of driveway openings in development projects). However, the proposed removal of a segment of Pruneridge Avenue would not be fully consistent with key goals of the Circulation Element — to reduce the use of single -occupancy motor vehicles, promote biking and walking as viable means of transport within the City, and balance the needs of cyclists and pedestrians with the needs of drivers (although policies and project components that would be implemented by Apple as part of the project — including a robust TDM Program — would reduce the use of single occupancy motor vehicles). Impact PLAN -5: The proposed project would not fully implement several provisions of the Circulation Element of the General Plan related to the provision of trails, and the provision of bike and pedestrian access, and these conflicts would result in an environmental impact. (S) Pruneridge Avenue currently functions as a motor vehicle, transit, bike, and pedestrian route between North Tantau Avenue and North Wolfe Road (both of which contain bike facilities). It functions as the western segment of a longer -distance bike route that starts in the City of Santa Clara and allows cyclists to bypass busier, higher -volume roadways. The removal of the segment of Pruneridge Avenue within the project site would require cyclists and pedestrians (traveling from the vicinity of North Tantau Avenue and Pruneridge Avenue to points west of the project site) to either proceed along North Tantau Avenue, East Homestead Road, and North Wolfe Road, the latter two of which are high-volume, multi -lane roadways, or proceed on North Tantau Avenue to the south, connecting to Vallco Parkway and North Wolfe Road. For a bicyclist or pedestrian wishing to reach the intersec- tion of North Wolfe Road and Pruneridge Avenue from points to the east of the project site, this detour would increase travel distance by approximately 0.6 mile over current conditions. 8 In June 2007, in order to encourage the expansion of the corporate headquarters of industry leaders, the City Council adopted a policy to assess a reduced Housing Mitigation Fee in P(MP) districts (which are located only in north Vallco and a portion of south Vallco) at 50% of the fee applicable to all other districts. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 156 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY However, the removal of Pruneridge Avenue would affect bicyclists and pedestrians differently, depending on their ultimate destination. For instance, bicyclists and pedestrians traveling to Vallco Mall from the vicinity of North Tantau Avenue and Pruneridge Avenue would experience minimal disruptions in travel time or distance due to the removal of Pruneridge Avenue. However, persons traveling by bicycle or foot from The Hamptons to the Pruneridge Avenue bike lane east of North Tantau Avenue (in order to access the two parks in the vicinity — Westwood Oaks Park and Jenny Strand Park) would experience longer travel times and routes that are more difficult to navigate without a motor vehicle. Therefore, the removal of a segment of Pruneridge Avenue would cause inconvenience to some bicyclists and pedestrians and thus may be seen as not promoting the City's initiatives to reduce driving and increase the use of alternate means of transportation. Similarly, the project may not fully support all elements in Policy 4-3 in the Circulation Element (which seeks to implement the programs and projects recommended in the Cupertino Pedestrian Transportation Guidelines and in the Cuper- tino Bicycle Plan). Policy 4-3 also seeks to enhance the pedestrian grid in the City, and establish and preserve a'/4 -mile grid of sidewalks and paths, so removal of Pruneridge Avenue would be in conflict with that portion of the policy. With implementation of the project, there would be no publicly -acces- sible east/west sidewalks and paths along an approximately 0.9 -mile stretch of North Tantau Avenue between East Homestead Road and Vallco Parkway. These policy conflicts would be considered significant. The impacts associated with the removal of Pruneridge Avenue should be understood in the context of the project components that would enhance the transportation system. The project contains numer- ous features that would promote policies in the Circulation Element, including: • Expansion of Apple's existing TDM program; • Extensive internal bicycle and pedestrian facilities for Apple employees; • Underground parking and extensive private open space on the project site; and • A largely self-contained campus that would reduce trips between dispersed facilities. Additionally the project would provide the following transportation improvement enhancements along North Tantau Avenue, North Wolfe Road, East Homestead Road, and Vallco Parkway that would supplement existing nearly -contiguous bike and pedestrian facilities to enhance the bike and pedestrian environment, as described below: North Tantau Avenue • Providing a landscaped median along North Tantau Avenue from the I-280 bridge to Homestead Road (where space permits); • Supplementing the existing detached sidewalk facilities where existing trees and topography allow; • Improving the bicycle and pedestrian links along North Tantau Avenue across the I-280 bridge by providing sidewalks on both sides and a bicycle lane, which is separated from vehicular traffic by a landscaped barrier; • Restriping and/or providing colored bike lanes on both sides of North Tantau Avenue; P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 157 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY • Establishing a link from the Calabazas Creek crossing of Tantau Avenue to its junction with Vallco Parkway to the south across I-280 through special paving, signage, way - finding, lighting, landscaping and decorative fencing; and • Reducing the number of curb cuts and left -turn lanes on North Tantau Avenue. North Wolfe Road • Supplementing existing detached sidewalks along North Wolfe Road from Vallco Parkway to Homestead Road in all locations where existing trees and topography allow; • Increasing vehicular capacity of North Wolfe Road to allow for increased traffic demand resulting from the proposed project; • Restriping and/or providing colored bike lanes on both sides of North Wolfe Road; and • Improving the pedestrian and bicycle connections on the I-280 bridge along North Wolfe Road by providing specialty paving for the pedestrian paths, colored bicycle lanes, signage, way -finding, lighting and decorative fencing. East Homestead Road • Reducing the number of curb cuts and left -turn lanes to improve pedestrian and bicycle safety; and • Restriping and providing colored bike lanes on both sides of the street. Vallco Parkway • Providing detached sidewalks along the entire length of the north side of Vallco Parkway where existing trees and topography allow; and • Restriping and/or providing colored bike lanes on both sides of the street. In addition, it should be noted that the pedestrian and bike volumes along Pruneridge Avenue within the project site are currently modest. As stated previously, data collected by Fehr & Peers identified approximately 28 bicyclists and 308 pedestrians who would be expected to use this segment on a weekday between 8:00 a.m. and 5:00 p.m. and six bicyclists and 91 pedestrians would be expected to use the segment on a weekend day between 8:00 a.m. and 5:00 p.m.9 However, in the context of policies in the General Plan that seek to improve the bike and pedestrian environment in the City, including those that aim for reduced reliance on motor vehicles in the future, the removal of Pruneridge Avenue within the project site would be significant. It would eliminate a key east -west connector, would route some travelers onto higher -traffic streets, and would incremen- tally discourage non -motorized travel. Although existing pedestrian and bike volumes in the area are modest, future expected redevelopment efforts along North Wolfe Road and areas to the west may increase bike and pedestrian activity in the area (which could increase the future use of a bike and pedestrian connection through the project site). 9 Fehr & Peers, 2012. fipple Campus 2 Transportation Impact Analysis. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 158 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY Implementation of the following mitigation measure would reduce this impact, but not to a less -than - significant level: Mitigation Measure PLAN -5: Implement Mitigation Measures PLAN -2 and PLAN -3. (SU) d. Environmental Resources/Sustainability Element. Many components of the project promote the principles of sustainability embodied in the Environmental Resources/Sustainability Element of the General Plan. For instance, the project would include photovoltaic energy production, sub -grade parking areas, energy-efficient buildings, and other green design elements. The project would increase the coverage of open space on the site through the consolidation of building space and parking areas (and thus reduce impervious surfaces), replace predominantly non-native trees species with predominantly native species, and result in the planting of orchards on-site. In addition, the project would include an enhanced TDM Program designed to reduce the use of single -occupancy vehicles, and promote green and energy-efficient construction techniques. The project would increase employment in an already -developed area that is well -served by transit. These features of the project would represent the sound use of resources while promoting economic development in the area. The project would also supplement existing bike and pedestrian facilities on East Homestead Road, North Tantau Avenue, Vallco Parkway, and North Wolfe Road to increase pedestrian crosswalks, allow for contiguous sidewalks (detached sidewalks, where feasible), increase landscaping, and improve the overall bike and pedestrian environment. In addition, as described in Chapter III, Project Description, the project would be subject to the City of Cupertino Green Building Ordinance (Section 16.58 of the Municipal Code), which takes effect on July 1, 2013. Under the Green Building Ordinance, the proposed project would be required to meet LEED Silver certification or an equivalent, as identified in the Ordinance. Although the project would promote many of the sustainability principles in the Environmental Resources/Sustainability Element of the General Plan, it would conflict with provisions of the Environmental Resources/Sustainability Element that promote walking and biking. Impact PLAN -6: The proposed project would not fully implement provisions of the Environ- mental Resources/Sustainability Element of the General Plan related to the provision of trails and the provision of bike and pedestrian access, and these conflicts would result in an environ- mental impact. (S) In particular, the project would result in the removal of a segment of Pruneridge Avenue that func- tions as a key link between the bike facilities on North Tantau Avenue and North Wolfe Road, and would thus reduce the effectiveness of the area's bike network. Although the proposed project would include minimum 50 -foot setbacks adjacent to Calabazas Creek and would not substantially change the landform of the site (and thus would be consistent with Policies 5-9 and 5-19), it would not provide a trail (or easement) along the creek. In addition, the construction of a security fence around the project site could preclude the future development of such a trail. Because these policy conflicts would result in significant adverse environmental effects related to the diminishment of public bike and pedestrian access along Calabazas Creek, they would be considered significant. Implementation of the following mitigation measure would reduce this impact, but not to a less -than -significant level: Mitigation Measure PLAN -6: Implement Mitigation Measures PLAN -2 and PLAN -3. (SU) P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 159 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY B. CITY OF CUPERTINO ZONING ORDINANCE This section describes the City of Cupertino Zoning Ordinance10 and the consistency of the proposed project with applicable provisions of the Zoning Ordinance. 1. Description The City of Cupertino Zoning Ordinance (Zoning Ordinance) implements the policies of the General Plan and other City plans, policies, and ordinances that relate to the built environment. The Zoning Ordinance consists of a map (which divides the City into land use zones) and associated regulations (which govern the use of land and the placement of buildings and improvements within the various land use zones). The Zoning Ordinance governs the use of land; the height, bulk, and placement of buildings; the provision of parking, open space, and amenities; and the relationships of buildings to uses on adjacent sites. The project site comprises three zoning designations. The Planned Development (Planned Industrial) (P(MP)) zone covers most of the project site (see Figure IV -2). The P zoning district is "intended to provide a means of guiding land development or redevelopment of the City that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design because of accessibility, ownership patterns, topographical considerations, and community design objectives." At the time an application is made for development within a P zone, the sponsor must provide a conceptual plan for the development of property within the zone that includes: a general description of proposed land uses; a transportation and circulation plan; a topographical map of the site and surrounding properties; a landscape plan; and any other information deemed necessary by the City. When an ordinance for development in the P zone is approved, the City must make the following findings: 1. The conceptual development plan is consistent with the General Plan and underlying zoning regulations. 2. The conceptual development plan provides for "an organized and unified system of land uses and land use intensities which would be compatible with the surrounding neighborhood." 3. The conceptual development plan provides adequate landscaping and will enhance the project site and community as a whole. 4. The conceptual development plan would not create "undue and unreasonable" traffic congestion in the area. 5. The conceptual development plan makes provisions for adequate parking, waste disposal, and undergrounding of utilities. 10 Cupertino, City of, 2011. Title 19: Zoning, City of Cupertino Municipal Code. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 160 L S A City of Cupertino ME BQ-Quasi-Public no CG -General Commercial No MP -Planned Industrial R1-61- Single Family Res. P -Mixed Use Plan Development OS/PR-Open Space/Public ,,, ,,, ,,VIII Park/Recreational Zone B-Public/Quasi Public R1 -Single Family Res. ME R3 -Multiple Family Res. no City of Santa Clara No err; R1-61- Single Family Res. ON PD -Planned Dev. Combining ,,, ,,, ,,VIII B-Public/Quasi Public VIII„ City of Sunnvale RO-Low Density Res. SOURCE: GOOGLE EARTH, LSAASSOCIATES, INC., JUNE 2011. I:ACOC1101 Apple Campus 21figures1EIR1Fig_IV2.ai (5/31/13) R3 -Medium Density Res. FIGURE IV -2 O-Admin/Professional Office C1 -Neighborhood Business Project Site Boundaries City Limits Boundary Apple Campus 2 Project EIR Zoning Designations Sass;;iia Homestead 0 rD D N N W 7 Lazaneo 1< ME Stevens Creek Val Ico O L S A FIGURE IV -3 o �oo0 2000 N FEET Apple Campus 2 Project EIR SOURCES: CITIES OF CUPERTINO, SUNNYVALE, AND SANTA CLARA, MTC, SCVWD, ESRL APPLE, NELSON/NYGAARD, 2013. Mltlguatlo n Measure PLAN -3 1:ACOC1101Apple Campus2\figures\Fig_IV3.ai (5/31/13) Infinite Loop Project Site r City Limits Inverness Parks Creeks Class I Creek Trail Alternate Creek Trail Et O Future Calabazas Trail Segments O L S A FIGURE IV -3 o �oo0 2000 N FEET Apple Campus 2 Project EIR SOURCES: CITIES OF CUPERTINO, SUNNYVALE, AND SANTA CLARA, MTC, SCVWD, ESRL APPLE, NELSON/NYGAARD, 2013. Mltlguatlo n Measure PLAN -3 1:ACOC1101Apple Campus2\figures\Fig_IV3.ai (5/31/13) LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY On the City's Zoning Map, the P designation is followed by a secondary designation which indicates the types of land uses that are generally permitted within that designation. The permitted and condi- tionally permitted land uses are those associated with the secondary designation (in this case, the MP zone). The MP zone allows for the development of professional, executive and administrative offices; medical and allied laboratories; research and development uses; light manufacturing; processing; and assembling and storage of projects and materials. The P designation allows the specific development regulations of the site to be established in accor- dance with the conceptual and final development plans for a project. However, the development regulations in the MP zone are briefly discussed here for informational purposes. Maximum building coverage in the MP zone is 40 percent, and maximum building height is 40 feet (although taller buildings are permitted if so designated in the development plan and allowed by the General Plan). In addition, no structure in excess of 35 feet in height is permitted closer to a residential zone than a distance equal to four times the height of the structure. In other words, a 50 -foot -tall building would need to be located at least 200 feet away from the nearest residential zone. The minimum distance between a building in an MP zone and a Residential zone is 100 feet. Zoning regulations in the portion of the project site east of North Tantau Avenue and within 150 feet of the City of Santa Clara boundary are also subject to the Inter -City Agreement for Planned Development of Property Adjacent to Common Boundary (Inter -City Agreement). The Inter -City Agreement, which was enacted on March 4, 1963 between the cities of Cupertino and Santa Clara, was intended to ensure that planned light industrial development of lands annexed by the City of Cupertino along the western boundary of the City of Santa Clara would be "compatible with and enhance the value of of existing single-family residential uses in the City of Santa Clara. To that effect, the Inter -City Agreement stipulates that property within 150 feet of the inter -jurisdictional boundary in the City of Cupertino be developed in accordance with the existing zoning regulations (the Planned Community District was the zone for the area at the time), and that development in that area not exceed one story and 16 feet in height. In addition, the agreement states that traffic associated with development in the inter -jurisdictional area not be routed through the single-family residential area of the City of Santa Clara. The Planned Development (Planned Industrial, Residential) (P(MP, Res)) zone is located immediately east of The Hamptons. This zone allows for the planned development of light industrial and residen- tial uses. Permitted uses are those listed above for the MP zone and residential uses. The density and design of residential uses would be determined in conjunction with Community Development Department staff when an application for the Planned Development is prepared. The Public Park/Recreation (PR) zone corresponds to the portion of the site designated Parks and Open Space in the General Plan. The PR zone allows for the development of parks, playgrounds, and recreational facilities, including agricultural uses such as crop and tree farming. According to Section 19.92 of the Zoning Ordinance, "The purpose of the park and recreation zone is to regulate the land uses and recreational activity permitted within publicly owned parks within the City, to ensure the safety and enjoyment of the persons utilizing the park facilities, as well as to protect the rights of adjoining property owners." The zones to the north and east of the project site (in the cities of Sunnyvale and Santa Clara, respec- tively) are provided for informational purposes. The zoning districts to the north of the site (in the City of Sunnyvale) are Planned Development—Neighborhood Business (C1); Planned Development P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 163 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY —Medium Density Residential (R3); and Low Density Residential (RO).JJ The zoning districts to the east of the site (in the City of Santa Clara) are Single Family Residential (RI -GL) and B (Public or Quasi -public Open Spaces).12 The zone to the south of the site, beyond I-280, is P(MP). The zones to the west of the site, beyond North Wolfe Road, are P(Hotel) and P(Comm, Res). 2. Consistency The proposed project would be generally consistent with the intent of the P zoning district, which encourages flexible design in order to coordinate land uses across a large or complex development site. The design concepts that are apparent in the project site plans —namely increasing building intensity in specific locations and providing structured and underground parking — are intended to maximize the provision of open space on the site while accommodating substantial employment. The P zoning district allows for deviations from the minimum setbacks for buildings established in the Zoning Ordinance. The setbacks outlined in the Zoning Ordinance are meant as guidelines for development and the setbacks for each project are determined in the development approval process. Setbacks are typically established to ensure that development is compatible with adjacent land uses by allowing for adequate landscaping and sound buffers. The proposed office and research and development uses that would be developed as part of the project would be consistent with the portions of the site zoned P(MP) and P(MP, Res). These proposed land uses are ones that are primarily permitted in the two zoning districts. As noted above, flexible design standards would be applied to development in the P(MP) and P(MP, Res) zones, and such standards would be identified when specific development plans are submitted by the project sponsor. At a conceptual level of design, the project would not appear to violate the provisions of the Zoning Ordinance (as maximum height, setbacks, and other standards that are designed to protect the physical environment would be dictated by the project development plan). Development proposed within the project site east of North Tantau Avenue would also be consistent with the Inter -City Agreement. All proposed buildings on the east side of North Tantau Avenue would be set back at least 150 feet from the inter -jurisdictional boundary. In addition, access to and from these areas would be primarily via North Tantau Avenue, and not the minor residential streets to the east of the site. As part of the project, the portion of the site zoned PR would be rezoned to P(MP). After rezoning, development of non -park uses in this portion of the site would not conflict with the Zoning Ordi- nance. While this change in land use would be inconsistent with parks -related policies in the General Plan such that an environmental impact would result (see Impact PLAN -1, above), the proposed rezoning in and of itself would not conflict with the Zoning Ordinance in a way that would result in an environmental impact. 11 Sunnyvale, City of, 2008. City of Sunnyvale Zoning Map. March. 12 Santa. Clara, City of, 2007. City ofSanta Clara, CA Zoning Map. December. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 164 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY C. NORTH VALLCO MASTER PLAN This section, which is provided for informational purposes only, describes the North Vallco Master Plan (Master Plan)13 and the general consistency of the proposed project with the guidelines in the plan. The Master Plan has not been formally adopted by the City Council and has no legal force or effect. 1. Description The Master Plan contains development guidelines encompassing an approximately 240 -acre district bordered by East Homestead Road on the north; North Tantau Avenue on the east; I-280 on the south; and the primarily single-family residential neighborhood to the west of North Wolfe Road. The Master Plan, which encompasses the project site, derived from a series of community workshops and North Vallco Study Committee working sessions that were intended to help shape future development in the area. The plan is intended to allow the industries within the Master Plan area to grow while better integrating the area into the surrounding community. The Master Plan identifies the following principles for future development in the area: 1. "Win- Win " Partnership Planning. Partner with Apple and HP in the planning and develop- ment of the North Vallco District. 2. Workplace Core. Protect and Enhance North Vallco's Existing Industrial Base. 3. Convenient Services. Encourage the provision and access to needed services convenient to Apple and HP executives, employees, and guests — and to potential future occupants of the core of this workplace district — including lunch places, fine dining, hotels, local -serving retail and services, and child care. 4. Settings for Interaction. Attract "Knowledge Workers ,14 by incentivizing the provision of an engaging and vital working environment. Attract knowledge workers who work in North Vallco by clustering the business and personal services mentioned above within walking distance "that stimulate interaction among people, including places to eat and drink, confer- ence and meeting facilities, recreation space and facilities, parks and plazas, business service centers." 5. Walkability/Connectivity. Consistent with company security requirements, plan new development patterns and amenities to facilitate walkability and convenient connections in the study area and to adjacent areas. 6. District Identity and Visibility. Work with Apple, HP, Cupertino Village and other North Vallco stakeholders to create a distinctive identity for the district. 7. Sustainability. New development should be encouraged to comprehensively utilize the knowledge and technology available throughout the planning, design, and construction process to help achieve sustainability through energy efficiency and resource conservation. 8. Efficient Land Utilization. Developable land is a rapidly diminishing resource in Silicon Valley and new development in the study area should use the land efficiently and wisely. 13 Cupertino, City of, 2007. North Vallco Master Plan — Phase I. 14 The Master Plan does not include a definition of "Knowledge Workers," although this term is expected to refer to white collar professionals in high-technology industries. P:\COC 1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 165 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY 9. Protection ofAdjacent Neighborhoods. Planning for new development should respect the interests of adjacent residential neighborhoods. 10. Minimization of Traffic Impacts. As change occurs, organize new development to minimize congestion in this part of the City. Plan short-term development in a forward-looking manner, e.g., in a way that improves the integration of land use, development form and transportation infrastructure. 11. Consideration of Residential Uses. Residential development is an important community issue on which individuals within the community have differing views. As development of the study area proceeds, the issue of residential development should be addressed in a constructive manner that seeks to come to community consensus on the appropriateness of additional residential development in the area. 2. Consistency The proposed project would be consistent with 9 of the 11 major planning principles that are identi- fied in the Master Plan. The proposed project would intensify the area's industrial/research and development base, would locate numerous employee services on-site, and the design of the project would help create a distinct identity for the area (Principles 2 and 6). The proposed design for the campus (including the Main Building) is potentially iconic and reflects sustainable design concepts (Principle 7). These concepts include the provision of open space, the use of renewable energy, and the design of buildings to allow for passive cooling and heating. Land within the campus would be utilized efficiently (Principle 8), as the Main Building would house the bulk of employees on the site in one large structure, allowing for the provision of substantial open space throughout the site. The provision of a large amount of open space would also be achieved through the provision of under- ground and structured parking. Proposed building setbacks and massing would be in keeping with the existing zoning standards and would not infringe on adjacent residential uses (Principle 9). Although the project would not include on-site residential uses, it would not compromise the vision of North Vallco as a mixed commercial, industrial, and residential neighborhood (as residential uses are already located at The Hamptons and elsewhere in the vicinity) (Principle 11). While the project may not comply with all development principles that seek to increase the walk - ability and connectivity of the area and minimize the traffic impacts of development projects, these inconsistencies would not be considered significant because the Master Plan has not been formally adopted and does not have any legal force or effect. The project would include an enhanced TDM Program designed to reduce the use of single -occu- pancy vehicles and would increase employment in an already -developed area that is well -served by transit. In addition, the project would enhance existing bike and pedestrian facilities along East Homestead Road, North Tantau Avenue, Vallco Parkway, and North Wolfe Road. These measures would reduce the impacts of traffic generated by the project. However, the project would also remove a segment of Pruneridge Avenue that currently functions as a motor vehicle, transit, bike, and pedestrian route between North Tantau Avenue and North Wolfe Road (both of which contain bike facilities). It functions as the western segment of a longer -distance bike route that starts in the City of Santa Clara that allows cyclists to bypass busier, higher -volume roadways. The removal of the segment of Pruneridge Avenue would increase trip length for some P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 166 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY pedestrians and cyclists (depending on their destination) and could require the use of roadways that are more difficult to navigate by bike or foot. The removal of a segment of Pruneridge Avenue would thus be inconsistent with Principle 5 (Walk- ability/Connectivity) and Principle 10 (Minimization of Traffic Impacts) in the Master Plan. The removal of the segment of Pruneridge Avenue would reduce public connections between the project site and adjacent areas, and would be inconsistent with the Master Plan's objective of integrating land uses to reduce traffic generated by development projects. As noted above, these inconsistencies would not be considered significant because the Master Plan has not been adopted by the City. In addition, the project includes improvements to the existing pedestrian and bike infrastructure around the project site that would enhance walkability and connectivity around the perimeter of the site. D. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS This section describes the Guidelines and Standards for Land Use Near Streams (Guidelines)15 and the consistency of the proposed project with the Guidelines. 1. Description The Guidelines are designed to provide guidance on development projects located near streams in Santa Clara County, and to assist local agencies in permitting such development and designing miti- gation, as warranted. They were developed by the Santa Clara Valley Water Resources Protection Collaborative, which comprises the County, all cities within the County (including the City of Cupertino), the SCVWD, and citizens, business, and agriculture groups. The specific development guidelines identified in the document are based on those used by the SCVWD to review development proposals near streams and are intended to be applied in conjunction with other development guide- lines and regulations designed to reduce impacts to water resources (such as the stormwater manage- ment regulations of the Regional Water Quality Control Board and stream protection regulations of the California Department of Fish and Game). The City of Cupertino uses the Guidelines in its review of applications for development near streams, in accordance with General Plan and Zoning Ordinance policies and regulations intended to protect water quality. Because a segment of Calabazas Creek is located within the project site, the City would apply the Guidelines to review of the proposed project. The Guidelines do not contain specific requirements for the provision of setbacks around streams, but suggest that jurisdictions "develop a riparian buffer of at least 40 —150 feet from top of bank or outward dripline of riparian area (whichever is greater)." These guidelines are found in the Model Enhanced Practices section of the Guidelines. The City has no adopted ordinance or guidelines regarding development setbacks from creeks. Some of the specific policies in the Guidelines that pertain to general land planning considerations within the project site are listed below (please note that policies related to the ecological health of riparian zones are discussed in more detail in Section V.D, Biological Resources): 15 Santa. Clara Valley Water Resources Protection Collaborative, 2006. Guidelines and Standards for Land Use Near Streams: A Manual of Tools, Standards and Procedures to Protect Streams and Streamside Resources in Santa Clara County. July. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 167 LSA ASSOCIATES, INC. JUNE 2015 APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY • Guideline LA.1 Protection of the Riparian Zone. Enforce existing City/County/SCVWD general plans, policies, or ordinances related to riparian areas, water quality and source water protection. • Guideline I. G. Land Uses Next to Riparian Corridors/Streams. Avoid locating loading docks, trash enclosures, chemical storage areas and stationary noise producing mechanical equipment next to streams and riparian corridors. Refrain from locating new paved areas, active recreational areas, agricultural growing areas and grazing activities within riparian corridors. • Guideline X.B4. Design/Construction Related to Encroachments between the Top of Bank. Structures must not reduce the active channel or active floodplains' conveyance area or redirect flow to the detriment of another bank or the river bed. Designs in SCVWD jurisdictional areas must be capable of conveying 100 -year design flow and meet SCVWD's freeboard requirements explained in Design Guides. • Guideline I ..A. Design/Construction Related to Trail Construction. Joint Use Pedestrian/ Bicycle Paths are encouraged along creeks. Trails must be located so as to avoid impacts to the stream and riparian areas. Paved multi use trails should be placed so as to maximize distance from stream and riparian areas. Construction must not require deep excavation within tree root zones. • Guideline VIII.B. Utilities Crossings. 1. Utility pipes or conduits must go under the stream or be in or attached to the downstream face of a bridge and must go under any levees. Provide locations for future utility crossings in design of new or replacement bridges. 2. Any utilities under the stream must be concrete encased or placed in sleeves. • Guideline XIV.A. Flooding Protection. 1. For development within special flood hazard zones A, AE, AH, AO, the project must comply with FEMA requirements as implemented by the City or County. 2. Consider when and how to recommend increased levels of protection as described in Dept. of Water Resources Model Floodplain Ordinance, recommendations of California Floodplain Management Task Force (Dec 2002), and FEMA's Community Rating System Program. Guideline XIV.A3. Flooding Protection. If a proposed project will result in a significant increase in land use density (i.e. an agricultural area changes to residential or industrial), the local jurisdiction should work cooperatively with SCVWD to determine (1) what information is needed on a project specific basis to evaluate potential increases in flood flows and (2) what mitigation measures can be implemented to mitigate for impacts to flood conveyance capacity and/or flood protection. Detention basins may be used to mitigate the impact, but they must be properly designed and maintained. Design should be in concert with hydromodification facilities and consider regional solutions. Guideline XIV.A4. Flood Protection. For major developments near streams subject to CEQA review that are compatible with the General Plan utilized for developing District hydrology and FEMA floodmaps, development must not increase site runoff so as to increase depth (0.1 foot increase in water surface) or lateral extent of flooding or increase discharge in local streams as outlined in the storm water permit for the SCVURPPP. A hydraulic analysis prepared by registered civil engineer demonstrating that any flood impacts will not be created is required. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 168 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR JUNE 2015 IV. PLANNING POLICY 2. Consistency The site plans for the proposed project indicate that the building nearest Calabazas Creek would be set back at least 50 feet from the top of the bank of the creek, and thus would comply with the basic setback requirement established in the Guidelines. No buildings or accessory uses would be estab- lished within the Calabazas Creek riparian zone within the project site. By avoiding construction in the riparian zone, the project would be substantially consistent with the Guidelines, including Guideline I.G. Therefore, the project would be consistent with Guideline IIL134. Development on the site would not substantially affect flood patterns, as discussed in more detail in Section V.G, Hydrology and Water Quality. Therefore, the project would be consistent with Guidelines XIV.A, XIV.A3, and XIV.A4. Utilities would be installed under Calabazas Creek and would thus be consistent with Guideline VIILB. The project would not provide a path or a trail easement along Calabazas Creek, which would not fulfill the vision of Guideline IX.A, Design/Construction Related to Trail Construction. However, this guideline encourages the provision of paths (but does not require such paths). In addition, the encour- agement to provide paths does not appear to be a policy adopted for environmental protection (as opposed to other protocols in the Guidelines, which define how paths should be designed to protect the ecological integrity of riparian zones). Therefore, this policy conflict would not be considered significant and no mitigation would be required. P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 169 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Land Use/Com unity Design Element Policy 2-1: Concentrate development in urban nodes and selectively Generally Consistent. Although the proposed project would not include Concentrated include housing with office and commercial uses where housing, it would concentrate office and research and development uses in Development appropriate in designated centers. the Vallco Light Industrial R&D activity/employment center identified in in Urban the Land Use/Community Design Element and the project sponsor would Centers pay 100 percent of the in -lieu fee required in the North Vallco area for the construction of new housing. Policy 2-2: Provide strong connections between the employment and Partially Inconsistent. The project would improve bike and pedestrian Connections commercial centers to the surrounding community. conditions along the roads around the project site through landscaping, Betweennew Strategy 1. Neighborhood connections. Enhance pedestrian pedestrian crosswalks, continuous sidewalks, and colored bike lanes. Centers and and bicycle connections to surrounding neighborhoods in new However, the project would also remove a segment of Pruneridge Avenue, the Community development. which is identified as a Minor Collector and Existing Bicycle Lane in the Circulation Element of the General Plan. The removal of Pruneridge Strategy 2. Public access. Provide pedestrian and bicycle paths Avenue would restrict east/west bicycle and pedestrian access between through new projects to enhance public access to and through North Tantau Avenue and North Wolfe Road. the development. Policy 2-6: Protect residential neighborhoods from noise, traffic, light and Consistent. The proposed project would result in the provision of Neighborhood visually intrusive effects from more intense developments with approximately 102 acres of private open space on the site and would Protection adequate buffering setbacks, landscaping, walls, activity, comply with all applicable setback requirements in areas adjacent to limitations, site design and other appropriate measures. residential uses east of North Tantau Avenue. Policy 2-7: Define the circulation system as a hierarchy of street widths Partially Inconsistent. The project would improve bike and pedestrian Defined and from urban to rural areas. Balance the roadway system conditions along the roads around the project site through landscaping, Balanced between automobile and pedestrian/bicycle needs. new pedestrian crosswalks, continuous sidewalks, and colored bike lanes. Circulation In addition, extensive bike and pedestrian facilities would be provided System within the project site. However, a segment of Pruneridge Avenue, which functions as an east/west bike and pedestrian route in the area, would be removed as part of the project and would not be replaced with an equivalent route. PftCOCI1 01 Apple 2 Cay»uLlsTROOUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 170 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 2-13: Concentrate urban building forms in Vallco Park, City Center Consistent. The project includes the development of urban building forms Urban and Crossroads/Heart of the City plarming areas. (including the four-story above -grade Main Building, a sub -grade parking Building lot, and a four-story above -grade parking garage near the southern Forms boundary of the site). Policy 2-14: Emphasize attractive building and site design during the Consistent. The project is designed with considerable attention to building Attractive development review process by giving careful attention to scale, placement, mass, and other aspects of attractive campus design. Building and building scale, mass and placement, architecture, materials, Substantial landscaping and open space are integrated into the overall Site Design landscaping, screening of equipment and loading areas, and design. related design considerations. Policy 2-18: In public and private landscaping projects subject to City Consistent. The landscape design, which includes native and drought - Context of review, select landscaping designs that reflect the development resistant plant species, and would reference the historic agricultural Streetscape context. context of the site, reflects the site's development context. Landscaping Policy 2-20: Maintain a city structure of Neighborhoods, Commercial Consistent. The City has an adequate development allocation for the Diversity of areas, Employment areas and Education/ Cultural areas. project, including development allocation for existing major companies. Land Use Provide sufficient development opportunities for these areas in The effects of the project on traffic levels are discussed in Section V.I, order to enhance their distinct character and functions, while Transportation and Circulation. maintaining the desired transportation levels of service. Strategy 1. Citywide Development Allocation. Allocate new development citywide in accordance with Table 2-A Development Allocation. PftCOCn 01 Apple 2 CamuLlsTROOUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 171 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 2-22: Develop pedestrian -friendly street environments in each Partially Inconsistent. The project would implement a uniform street tree Neighborhood neighborhood that help create neighborhood identity, improve plan, landscaped perimeter, and internal circulation network (in addition to Street Planning safety, increase opportunities for social interaction and improvements to external bike and pedestrian infrastructure) but would connections to shopping, schools, recreation and other include gates to respond to Apple's security and privacy objectives. The destinations. project would remove a segment of Pruneridge Avenue, which would Strategy 1. Circulation Patterns. Evaluate neighborhood hinder east/west pedestrian movement for some. circulation patterns and eliminate pedestrian barriers. Strategy 3. Street Trees. Develop uniform street tree planting plans for each neighborhood. Strategy 4. Neighborhood Entries. Define neighborhood entries through architecture, landscaping or land forms appropriate to the formal or rural character of the neighborhood. Vehicular electronic gates should generally be discouraged, because they isolate developments from the community. Strategy 5. Street Requirements. Determine if special street widths, sidewalk requirements or light fixtures are desirable for any neighborhoods. Policy 2-35: Retain Vallco Park North as an employment area of Consistent. The project would increase employment densities in Vallco Vallco Park predominately office and light industrial activities, with Park North and would result in the construction of primarily office and North neighborhood commercial uses. research and development land uses. PftCOC101 Apple 2 Cay»uLlsTROOUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 172 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 2-40: Encourage new businesses and retain existing businesses that Consistent. Apple is an existing business that provides significant New Businesses provide needed local services and municipal revenues, municipal revenues and contributes to the City's economic vitality. and Business contribute to economic vitality and enhance the City's Based on information provided by Apple and reviewed by the City, Retention physical environment. Apple's current operations result in millions of dollars in sales tax revenues to the City each year. The proposed project would enable Apple to keep its company headquarters in Cupertino and further expand its operations in the City, allowing the City to maintain millions of dollars per year in sales tax revenues and increase Apple's contribution to property, sales, and other taxes. Expanded tax revenue to the City as a result of the project is anticipated to be a few million of additional dollars each year. Further, the proposed project would generate significant one-time fees and/or taxes and public benefits, expected to amount to at least several million dollars. Policy 2-42: In reviewing office development proposals, encourage office Consistent. Apple generates significant revenues for the City. The project Revenue uses and activities that generate significant revenues to the would allow Apple to remain and expand in the City and would result in Analysis of City, such as local sales offices, capturing point of sale one-time fees and continuing tax revenues. See Policy 2-40. Office internet transactions and business to business tax revenues. Developments New office development exceeding 50,000 square feet shall be approved only if one of these or similar benefits are provided. PftCOCI1 01 Apple 2 Cay»uLlsTROOUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 173 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 2-62A: Projects on Historic Sites shall meet the Secretary of the Consistent. The project would relocate the Glendenning Bann to an off-site Historic Sites Interior's Standards for Treatment of Historic Properties location that may allow for public access or an on-site location without and provide a plaque, reader board and/or other educa- public access. However, the relocation site (in accordance with Mitigation tional tools on the site to explain the historic significance Measure CULT -1) would better reflect the historic agricultural landscape of the resource(s). The plaque shall include the city seal, context of the barn, and that would preserve the historic integrity of the name of resource, date it was built, a written description structure. and photograph and shall be placed in a location where the public can view the information. • For public and quasi -public sites, coordinate with property owner to allow public access of the historical site to foster public awareness and provide educational opportunities. For privately -owned sites, property owners would be encouraged, but in no way required, to provide access to the public. Concurrent with identifying Historic Sites in its General Plan, the City adopted a Historic Preservation Policy which informs the General Plan policies and implementation of CEQA. The policy provides that mitigation under CEQA includes redesigning the project to meet Secretary of Interior Standards and relocation of the historic resource, provided that relocation does not constitute an adverse impact. Policy 2-66: Stimulate opportunities for the arts through cooperative Consistent. The project would include public art valued at a minimum Public Arts relations between local business and the City. of $100,000, consistent with Section 19.148 of the Zoning Ordinance. Policy 2-72: Seek cooperation from private landowners for public use of Partially Inconsistent. Per Mitigation Measure PLAN -1, Apple would be Public Use of private open space. required to provide sufficient funds for the acquisition of 1.1 acres of Private Open future park space, or would be required to purchase, designate, and Space dedicate 1.1 acres designated for Parks and Open Space. However, none of the private open space that would be developed as part of the project would be accessible to the public, although streetscape and bike/pedestrian improvements developed around the periphery of the site would be accessible to the public. PftCOC101 Apple 2 Cay»uLlsTROOUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 174 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 2-73: Dedicate or acquire open space lands and trail linkages to Partially Inconsistent. The project would improve bike and pedestrian Open Space connect areas and provide for a more walkable community. conditions along the roads around the project site through landscaping, and Trail Strategy 2. Trail Projects. Implement the trail projects new pedestrian crosswalks, continuous sidewalks, and colored bike lanes. Linkages described in this element. Evaluate any safety, security and However, no trail would be provided along Calabazas Creek within the privacy impacts and mitigations associated with trail project site, due to the security concerns of Apple. In addition, the development. Work with affected neighborhoods in locating proposed removal of a segment of Pruneridge Avenue as part of the trails. project would reduce the walkability of the North Vallco area. Strategy 3. Dedicated Trails or Easements. Require dedication or easements for trails, as well as their implementation, as part of the development process, where appropriate. Policy 2-74: Provide parkland equal to a minimum of three acres for each Partially Inconsistent. The project would not directly increase the local Park Acreage 1,000 residents. population, as it would not include the construction of housing. However, the proposed change in land use designation of the 1.1 -acre Parks and Open Space portion of the site to Industrial/Residential would diminish the City's ability to provide sufficient park space for future residents. Implementation of Mitigation Measure PLAN -1 would reduce the associated impact resulting from the inconsistency with Policy 2-74 to a less -than -significant level. Housing Element Program 4: The City will continue to implement the "Office and Industrial Consistent. The project would participate in the housing mitigation Housing Mitigation" fee program. This program requires that program and pay twice the fee required in the North Vallco area. Mitigation developers of office, commercial, and industrial space pay a Program — fee, which will then be used to support affordable housing for Office and families who work in Cupertino but live elsewhere. These fees Industrial are collected and deposited in the City's Affordable Housing Mitigation. Fund. Program 10: Require major new office/industrial development to build Generally Consistent. The project does not include new housing, although Jobs/Housing housing as part of new development projects. As part of the the project sponsor would pay twice the fee required in the North Vallco Balance development review process, the City will evaluate the impact area for the construction of new housing. Program. of any application that will produce additional jobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to thejobs/housing ratio in the City. PftCoen 01 Apple 2 Cay»uLlsTROEUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 175 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Circulation Element Policy 4-2: Promote a general decrease in reliance on private, mostly Consistent. The design of the project includes connecting internal Reduced single -occupant vehicles (SOV) by encouraging attractive pathways and on-site amenities that are designed to reduce vehicle trips Reliance on the alternatives. during the workday. In addition, the project includes a TDM Program Use of Single- Strategy 4. Design ofNew Developments. Encourage new intended to further reduce daily employee trips. The project also includes a Occupant commercial developments to provide shared office facilities, shared cafeteria, showers, bicycle parking, and other amenities that would Vehicles cafeterias, day-care facilities, lunchrooms, showers, bicycle tend to reduce reliance on private, single -occupant vehicles. parking, home offices, shuttle buses to transit facilities and other amenities that encourage the use of transit, bicycling, walking or telecommuting as commute modes to work. Provide pedestrian pathways and orient buildings to the street to encoura e pedestrian activity. Policy 4-3: Implement the programs and projects recommended in the Partially Inconsistent. The project would provide continuous sidewalks Cupertino Cupertino Pedestrian Transportation Guidelines and in the along North Tantau Avenue and otherwise improve the pedestrian Pedestrian Cupertino Bicycle Transportation Plan, as well as other environment on streets surrounding the site. In addition, the project would Transportation programs that promote this goal. implement various incentives recommended in the Cupertino Bicycle Guidelines and Strategy 1. The Pedestrian Guidelines. Implement the projects Transportation Plan to encourage employees to commute by bicycle the Cupertino recommended in the Pedestrian Guidelines including: (including on-site bicycle amenities, such as showers, bike parking spaces, Bicycle and repair services). Although the project would not conflict with existing Transportation After engineering review, and where found to be feasible, pedestrian and bike projects identified in the Cupertino Pedestrian Plan. improve safety at selected intersections by one or more of Transportation Plan and Bicycle Transportation Plan, the removal of a the following: prohibit right turn -on -red, add time to the segment of Pruneridge Avenue would eliminate an important link in the pedestrian signal phase, construct a median and/or reduce City's bike and pedestrian network, and would not implement the policy corner radii. initiative of providing a'/4 -mile grid of walkable streets in the North • Where feasible provide missing sidewalks on arterial and Vallco area. collector streets and on neighborhood streets as desired by residents. • Identify a citywide pedestrian circulation grid including shortcuts, pathways and bridges, where needed, to close gaps in the pedestrian circulation system. Strategy 2. Pedestrian Grid. Consider developing a quarter - mile grid of safe, walk -able sidewalks and paths to provide pedestrian access among residential, shopping, recreation and business locations. PftCoen 01 Apple 2 Cay»uLlsTROEUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 176 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 4-4: Continue to plan and provide for a comprehensive system of Partially Inconsistent. The project would improve bike and pedestrian Regional Trail trails and pathways consistent with regional systems, including conditions along the roads around the project site through landscaping, Development the Bay Trail, Stevens Creek Corridor and Ridge Trail. The new pedestrian crosswalks, continuous sidewalks, and colored bike lanes. General Alignment of the Bay Trail, as shown in the However, the project would not include publicly -accessible trails Association of Bay Area Governments' Bay Trail planning (including along Calabazas Creek, which is identified as a trail route that document, is incorporated in the General Plan by reference. links to regional routes in the Land Use/Community Design Element of the General Plan) due to Apple's fundamental objectives of providing for safety, privacy, and security. Policy 4-5: Support and encourage the increased use of public transit. Consistent. The project would establish a transit center and continue Increased Use an extensive shuttle/transit service for employees. of Public Transit Policy 4-9: Minimize the number of driveway openings in each Consistent. The project would remove several driveways and curb Curb Cuts development. cuts around the perimeter of the site. Environmental Resources/Sustainability Element Policy 5-1: Incorporate the principles of sustainability into Cupertino's Consistent. The project includes numerous sustainable elements, including Principles of planning and development system. solar arrays, increased pervious surface to improve water quality, the Sustainability possible use of recycled water, and capacity for 1,000 electric vehicle charging stations (300 charging stations would be provided as part of the project). Policy 5-2: Encourage the maximum feasible conservation and efficient Consistent. The proposed project would produce a substantial portion of Conservation use of electrical power and natural gas resources for new and its energy needs using on-site renewable sources. In addition, buildings and Efficient existing residences, businesses, industrial and public uses. would include green design features, such as green roofs, water -efficient Use of Energy appliances, and other elements designed to be energy-efficient. Resources Policy 5-3: Set standards for the design and construction of energy and Consistent. The project would exceed these standards and would be Green Building resource conserving/ efficient building (Green Building required to meet the applicable provisions of the City of Cupertino Green Design Design). Building Ordinance, which is effective July 1, 2013. Policy 5-4: Minimize the air quality impacts of new development projects Consistent. The project is undergoing a review (in this EIR) intended to Air Pollution and the impacts affecting new development. identify and mitigate effects on air quality. Please refer to Section V.L, Air Effects of New Quality. Development PftCOCn01 Apple 2 Cay»uLlsTROOUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 177 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 5-9: Encourage the clustering of new development away from Consistent. The nearest structure to Calabazas Creek would be set back Development sensitive areas such as riparian corridors, wildlife habitat and approximately 50 feet from the top of the creek bank. A landscape plan Near Sensitive corridors, public open space preserves and ridgelines. New has been prepared for the project that would be reviewed along with other Areas developments in these areas must have a harmonious components of the project. landscaping plans approved prior to development. Policy 5-14: Provide open space linkages within and between properties for Consistent. Although no trail would be provided along Calabazas Creek as Recreation and both recreational and wildlife activities, most specifically for part of the project, the riparian zone around the creek would be effectively Wildlife Trails the benefit of wildlife that is threatened, endangered or preserved. Therefore, the corridor would continue to function as an open designated as species of special concern. space linkage. Strategy. Require identification of creeks and water courses on site plans and require that they be protected from adjacent development. State that trail easements for trail linkages may be require if analysis determines that they are needed. Policy 5-19: Require that site design respect the natural topography and Generally Consistent. Although the project would require substantial Natural Water drainages to the extent practicable to reduce the amount of grading, the topography of the site would remain generally flat, and Bodies grading necessary and limit disturbance to natural water buildings would be set back at least 50 feet from the top of the bank of and Drainage bodies and natural drainage systems caused by development Calabazas Creek. The reduction in impervious surface coverage on the site Systems including roads, highways, and bridges. would reduce storm water discharges and improve water quality. Policy 5-20: Minimize storm water flow and erosion impacts resulting from Consistent. The increased permeability of the site would reduce storm Reduction of development. water discharges and improve water quality, and could reduce downstream Impervious erosion in Calabazas Creek. Surfaces Policy 5-24: Support the Santa Clara Valley Water District to find and Consistent. By reducing impervious surfaces and expanding the coverage Ground Water develop groundwater recharge sites within Cupertino's of open space on the site, the project would promote groundwater Recharge Sites planning area and provide for public recreation at the sites recharge. where possible. Policy 5-25: Encourage the research of other water sources, including water Consistent. As part of the project, Apple is seeking to bring a recycled Other Water reclamation. water line to the project site, if feasible. Sources PftCOC101 Apple 2 Cay»uLlsTROOUCTS�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 178 LSA ASSOCIATES, INC. JUNE 2013 Table IV -1: Applicable General Plan Goals, Policies, and Programs APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY Goal or Policy Number Goal or Policy Text Project's Relationship to Goal or Policy Policy 5-27: Retain and restore creek beds, riparian corridors, watercourses Generally Consistent. Calabazas Creek would be retained as part of the Natural Water and associated vegetation in their natural state to protect project, and buildings would be set back at least 50 feet from the creek, Courses wildlife habitat and recreation potential and assist groundwater allowing for existing riparian vegetation in the corridor to develop. percolation. Encourage land acquisition or dedication of such areas. Strategy. Santa Clara Valley Water District. Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of flow increase mitigation measures. Policy 5-34: Encourage the reduction of impervious surface areas and Consistent. The project would substantially increase the coverage of Storm Water investigate opportunities to retain or detain storm runoff on pervious surfaces on the site, including open space, compared to existing Runoff new development. conditions. Policy 5-44: Encourage the recycling and reuse of building materials, Consistent. A minimum of 75 percent of construction and demolition Reuse of including recycling materials generated by the demolition and waste would be diverted from landfills. Building remodeling of buildings. Materials Source: City of Cupertino General Plan, 2000; LSA Associates, Inc., 2013. PftCOCI1 01 Apple 2 Cay»uLlsTROOUCTs�DEIR\PLiblic4-POrey.doe (06/03/13) PUBLIC REVIEW DRAFT 179 LSA ASSOCIATES, INC. JUNE 2015 This page intentionally left blank. APPLE CAMPUS 2 PROJECT EIR IV. PLANNING POLICY P:\COC1101 Apple 2 Campus\PRODUCTS\DEIR\Public\4-Policy.doc (06/03/13) PUBLIC REVIEW DRAFT 180