M. Public Service and UtilitiesLSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
JUNE 2015 V. SETTING, IMPACTS AND MITIGATION MEASURES
M. PUBLIC SERVICES AND UTILITIES
M. PUBLIC SERVICES AND UTILITIES
This section analyzes the proposed project's potential impacts on public services and utilities includ-
ing: fire protection, police services, schools, open space and recreation facilities, water, wastewater,
solid waste, telecommunications, and electricity and natural gas. Potential impacts on public services
and utilities that could result from the proposed project are identified, and mitigation measures are
recommended, as appropriate. The related topic of storm drainage is evaluated in Section V.G,
Hydrology and Water Quality.
1. Setting
This section provides current service locations, capacities, and expansion possibilities relating to
public services and utilities.
a. Fire Protection. The Santa Clara County Fire Department (SCCFD) provides fire suppression,
emergency medical, and hazardous material response services to the cities of Campbell, Cupertino,
Los Altos, Monte Sereno, Saratoga, the towns of Los Altos Hills and Los Gatos, and adjacent
unincorporated County areas. The SCCFD is configured into four battalion districts and operates 17
fire stations throughout the County.' The SCCFD administrative headquarters is located at 14700
Winchester Boulevard in Los Gatos. The SCCFD consists of the following divisions: Fire Prevention,
Operations, Training, and Support Services. The Fire Prevention division provides fire, life, and
hazardous materials inspection services for building construction, annual building inspection, and
hazardous materials regulation. The Operations division coordinates the resources for emergency
responses to fires, rescues, and hazardous materials releases. The Training division is responsible for
training activities, and the Support Services division is responsible for all vehicles, facilities, and
communications services. The SCCFD participates in a County Mutual Aid agreement for Santa
Clara County, which provides all fire agencies within the County with staff and mechanical assis-
tance. SCCFD staffing, facilities, equipment, and response times are described below.
(1) Staffing, Facilities, and Equipment. The SCCFD currently employs over 285 fire pre-
vention, suppression, investigation, administration, and maintenance personnel, and approximately 40
volunteer firefighters .2 Daily emergency response staffing consists of 70 fire personnel on a 24-hour
shift assignment and one Battalion Chief in Battalion 12. County Fire Station 1 (Cupertino Station)
and County Fire Station 2 (Seven Springs Station) would be the first and second responders to the
project site, respectively. Cupertino Station is located approximately 2 miles southwest of the project
site at 20215 Steven Creek Boulevard in Cupertino, and Seven Springs Station is located approxi-
mately 4.3 miles southwest of the project site at 21000 Seven Springs Parkway in Cupertino.
The Cupertino Fire Station is equipped with three fire engines and four fire trucks, and is staffed by
two captains, three emergency medical technician (EMT) firefighters, and two paramedic firefighters.
The minimum staffing level for Cupertino Station at any given time is seven firefighters per shift.'
The Seven Springs Station is equipped with three fire engines, four hazardous materials vehicles, and
one battalion vehicle, and is staffed by one battalion chief, two captains, three EMT firefighters, and
1 Santa Clara County Fire Department, 2011. Website: www. sccfd.org (accessed November 7).
2 Ibid.
3 Jarvis, Don, 2011. Deputy Chief. Santa Clara County Fire Department. Personal communication with LSA
Associates, Inc. November 4.
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two paramedic firefighters .4 The minimum staffing level for Seven Springs Station at any given time
is eight firefighters per shift. However, due to increasing costs and flat revenues, staffing at the Seven
Springs Station may be reduced to three firefighters per shift.' Seven Springs Station also is responsi-
ble for SCCFD's hazardous materials response and inspection program.6 All SCCFD firefighters are
certified as EMT -1D (Emergency Medical Technicians/Defibrillator), and at least one firefighter on
each responding engine company is State -licensed and locally accredited as a Paramedic.'
(2) Response Times. A standard first -alarm response for structure fires consists of a total of
15 SCCFD personnel and includes two engine companies, a ladder truck company, a rescue or haz-
ardous materials company, and a Battalion Chief. On working fires, the response is increased to 25
SCCFD personnel with three engines companies, one ladder truck company, a Hazardous Materials
and Breathing Support company, one rescue company, two Battalion Chiefs, a Safety Officer, and a
Duty Investigator.' The SCCFD also uses an automatic move -up system to provide coverage of core
fire stations in the event of simultaneous alarms to guarantee continuous coverage of the entire
service area if another response is required during an alarm. The SCCFD's average response time
goal is less than 7 minutes 90 percent of the time. In 2010, the SCCFD met the average response time
goal 88.7 percent of the time.9 The average response time to the project site under current conditions
is approximately 6 minutes from Cupertino Station.10
b. Police Services. The Santa Clara County Sheriffs Office (Sheriffs Office), West Valley
Patrol Division, provides law enforcement services to the City of Cupertino and the communities of
Saratoga, Los Altos Hills, Moffett, and the unincorporated areas of western Santa Clara County. The
West Valley Patrol Division Substation (which provides police services in the vicinity of the project
site) is located in Cupertino, at 1601 South De Anza Boulevard. The Sheriffs Office also maintains
contracts with the Valley Transportation Authority and the Santa Clara County Parks Department for
law enforcement service s.11
(1) Staffing. Currently, there are 86 positions allocated for the West Valley Patrol Division.
The West Valley Patrol Division does not anticipate any changes in the staffing level in the near
future .12 Cupertino has 28 deputies, of which four deputies are assigned to traffic enforcement, three
deputies are assigned to the Motorcycle Unit, and one deputy uses a patrol car. Two deputies are
School Resource Officers, providing the 14 schools in Cupertino with a law enforcement resource and
4 Ibid.
' Ibid.
6 Santa Clara County Fire Department, 2011, op. cit.
' Ibid.
' Ibid.
9 Jarvis, Don, 2011. Deputy Chief, op. cit
" Ibid.
11 Cupertino, City of, 2011. Sheriffs Office. Website: www.cMertino.org/index.aMx?fie=364 (accessed
September 30).
12 Smith, Laurie, 2011. Sheriff. Office of the Sheriff, County of Santa Clara. Personal communication with LSA
Associates, Inc. November 17.
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liaison to the Sheriff's Office. One additional deputy handles all the enforcement incidents that arise
at the schools. The remaining 21 deputies perform routine patrol functions on a 24-hour daily basis.13
(2) Response Times. The Sheriff's Office and the City of Cupertino have agreed-upon
target response times of 5 minutes for Priority 1 calls, 9 minutes for Priority 2 calls, and 20 minutes
for Priority 3 calls. 14 According to the Sheriff's Office, the average response time for Priority 1 calls
is 4 minutes. Average response times for Priority 2 and 3 calls are 6 and 9 minutes, respectively. 15,16
(3) Beat Patrol and Law Enforcement Issues. The project site is located within the West
Valley Patrol Division's C5 beat area, which is bounded by Homestead Road to the north, Tantau
Avenue to the east, Stevens Creek Boulevard to the south, and the perimeter of the Vallco Fashion
Plaza to the west. Currently, one deputy is assigned to the C5 beat with three deputies assigned to the
beats surrounding the C5 area. The on -beat deputy conducts routine patrols and directed enforcement
within the assigned beat whenever he or she is not called for service. Generally, depending upon calls
for service, a deputy spends approximately 4 to 6 hours out of a 10 -hour shift on routine patrol within
an assigned beat area. 17
In comparison to other cities with similar geographical, economical, and industrial configurations,
Cupertino maintains a relatively low crime rate. Primary law enforcement issues within the C5 beat
include petty theft and auto burglaries, primarily from Vallco Fashion Plaza.18
C. Schools. School services in Cupertino are provided by the Cupertino Union School District,
Fremont Union High School District, and the Santa Clara Unified School District. Information in this
section is based on information provided by the school districts, unless otherwise noted. School
services, enrollment, and service standards for each of these school districts are discussed below. This
analysis focuses on local school districts, even though future Apple employees at the site will enroll
students in school districts throughout the Bay Area.
(1) Cupertino Union School District. The Cupertino Union School District operates 27
schools in the communities of Saratoga, Cupertino, San Jose, Santa Clara, Los Altos, and Sunnyvale.
There are 20 elementary (grades K-5) schools, one K-8 school, and six middle schools (grades 6-8).
Current District -wide enrollment (2011-2012 school year) is 18,645 students.19 As shown in Table
V.M-1, projected District -wide enrollment in 2015 is 18,915 students, representing a 1.4 percent
increase from current District -wide enrollment. District -wide, elementary and middle schools are
currently over capacity and do not have room to accommodate additional students in their existing
facilities, resulting in overcrowding of existing District school facilities.
13 Cupertino, City of, 2011. Sheriff s Office.
14 Priority 1 calls are considered the highest priority calls and signal emergency dispatch.
15 Smith, Laurie, 2011, op. cit
16 Based upon a 3 -year average, the Sheriff s Office approximation of 4 minutes for Priority 1 calls is a conservative
estimate.
17 Smith, Laurie, 2011, op. cit
" Ibid.
19 Hausman, Rick, 2012. Chief Business Officer, Cupertino Union School District. Personal communications with
LSA Associates, Inc. April 13.
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Table V.M-1: Cupertino Union School District Capacity and Enrollment Data
Existing
School Level Enrollmenta
Academic
Ca acit b
Capacity
Shortfall
2015 Projected
Enrollment
All District Elementary Schools 12,593
11,932
661
12,258
All District Middle Schools 6,052
5,492
560
6,657
Total 18,645
17,424
1,221
18,915
a Existing enrollment includes student enrollment during the 2011-2012 school year.
b Academic capacity assumes appropriate support space allocated, State recommended loading of classrooms, and
continued use of older and leased modular buildings.
Source: Cupertino Union School District, 2012.
Student enrollment in the Cupertino Union School District has increased by approximately 20 percent
in the last decade and most District schools have added modular classrooms to accommodate enroll-
ment increases .20 In June 2012, a $220 million school repair bond measure (also known as Measure
H) was approved with over 65 percent of voter support. The approved school repair measure would
repair and upgrade school facilities, upgrade science and educational technology, and provide
additional classrooms.21 In the elementary schools, it is anticipated that the construction of one or
more classroom wings at some of the District schools, along with improvements to supporting
facilities, would be made to accommodate increased enrollment .22 In the middle schools, the District
has plans for possible improvements at several of the middle schools that involve the construction of
two-story classroom buildings and improvements to associated support and recreational space.zs
New development is required to provide necessary funding and/or capital facilities for the school
system, as determined by applicable State -mandated development impact fees. The proposed project
would be subject to Level 1 development impact fees, where the maximum fees for commercial/
industrial development are $0.31 and $0.20 per square foot for the Cupertino Union School District
and the Fremont Union High School District, respectively. The Cupertino Union School District and
the Fremont Union High School District have an agreement as to how fee revenues must be shared,
under which the Cupertino Union School District would be allowed to collect up to 60 percent of the
maximum fee amount, and the Fremont Union High School District would be allowed to collect 40
percent of the maximum amount.24
(2) Fremont Union High School District. The Fremont Union High School District
operates five high schools (grades 9-12) and one adult and community education school in the cities
of Cupertino, Sunnyvale, and San Jose. The District also provides concurrent enrollment for l 1th and
12th graders at De Anza College for educational enrichment purposes.25 As shown in Table V.M-2,
current District -wide enrollment (2012-2013 school year projection) is 10,702 students, and projected
20 Schoolhouse Services, 2012a. fipple Campus 2 School Impacts on the Cupertino Union School District. May.
21 Cupertino Union School District, 2012. Possible School Repair Bond. Website: www.edline.net/pages/
Cupertino Union SD/About the District/Bond (accessed April 16 and July 11).
22 Schoolhouse Services, 2012a, op. cit.
23 Ibid.
24 Ibid.
25 Fremont Union High School District, 2011. Schools and Programs. Website: www.fuhsd.orR1HIGHschools
(accessed November 18).
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District -wide enrollment in 2015 is 10,781 students, representing a 0.74 percent increase from
existing District -wide enrollment.26 District -wide, high schools are currently over capacity, resulting
in overcrowding of existing District school facilities.
Table V.M-2: Fremont Union High School District Capacity and Enrollment Data
School Level
Existing
Enrollmenta
Academic
Capacity
Capacity
Shortfall
2015 Projected
Enrollment
All District High Schools
10,702
10,064
638
10,781
Total
10,702
10,064
638
10,781
a Existing enrollment includes maximum projected student enrollment during the 2012-2013 school year.
Source: Fremont Unified High School District, 2012.
Student enrollment in the Fremont Union High School District has increased by approximately 16
percent in the last decade and most District schools have added modular classrooms to accommodate
enrollment increases.27 In June 2008, District voters approved a Proposition 39 Bond, known as
Measure B, in the amount of $198 million. In November 2010, the District's Board of Trustees
approved the Program Implementation Plan (PIP), which is a master plan for the implementation of
projects throughout the District, including new classrooms and science labs, new and remodeled
student service facilities, and infrastructure upgrades.28
New development is required to provide necessary funding and/or capital facilities for the school
system, as determined by applicable State -mandated development impact fees. As previously
described, the proposed project would be subject to Level 1 development impact fees (maximum fees
for commercial/industrial development are $0.31 and $0.20 per square foot for the Cupertino Union
School District and the Fremont Union High School District, respectively). The Cupertino Union
School District and the Fremont Union High School District have an agreement as to how fee
revenues must be shared. The Fremont Union High School District would be allowed to collect 40
percent of the maximum fee amount, and the Cupertino Union School District would be allowed to
collect up to 60 percent of the maximum fee amount.29
(3) Santa Clara Unified School District. The Santa Clara Unified School District operates
24 schools in the communities of Santa Clara, Sunnyvale, and Alviso. There are 16 elementary
schools (grades K-5), one K-8 school, three middle schools (grades 6-8), and four high schools
(grades 9-12) in the District. As shown in Table V.M-3, current District -wide enrollment (2011-2012
school year) is 14,820 students, and projected District -wide enrollment in 2015 is 18,256 students,
representing a 23 percent increase.30 District -wide, elementary and middle schools are under capacity,
and high schools are over capacity by 213 students.
26 Crutchfield, Jason, 2012. Director of Business Services. Fremont Union High School District. Personal
communication with LSA Associates, Inc. April 12.
27 Schoolhouse Services, 2012b. fipple Campus 2 School Impacts on the Fremont Union High School District. May.
28 Fremont Union High School District, 2012. Bond Program. Website: www.fuhsd.org/BONDprogram (accessed
April 16).
29 Schoolhouse Services, 2012b, op. cit.
30 Plough, Bobbie, 2011. Superintendent, Santa Clara Unified School District. Personal communication with LSA
Associates, Inc. November 14.
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Table V.M-3: Santa Clara Unified School District Capacity and Enrollment Data
School Level
Existing
Enrollmenta
Academic
Ca acit b
Capacity 2015 Projected
Shortfall Enrollment`
All District Elementary Schools
7,807
10,500
-2,693
All District Middle Schools
3,087
4,425
-1,338
All District High Schools
3,926
3,713
213 —
Total
14,820
18,638
3,800 18,256
a Existing enrollment includes student enrollment during the 2011-2012 school year.
b Academic Capacity numbers are from the District's Long Range Facilities Master Plan, 2010 (Appendix B, 30:1 Class
Size, page 293).
2015 Projected Enrollment is from the District's Long Range Facilities Master Plan, 2010 (Exhibit 27, Projected
Enrollment, District -wide 2008-2014, page 237). The projected enrollment numbers are not sorted by grade level for
all categories.
Source: Santa Clara Unified School District, 2012.
Student enrollment in the Santa Clara Unified School District has increased from 13,623 students to
14,820 students, representing an approximately 8.8 percent increase in the last decade.31 District
voters have approved the following three General Obligation bonds: 1) Measure B in June 1997 in the
amount of $145 million; 2) Measure J in November 2004 in the amount of $315 million; and 3)
Measure H in November 2010 in the amount of $81.1 million. The Measure B bond authorized
capital improvements of district schools and associated facilities such as new high school science
classrooms, major renovation of eleven elementary school campuses, and a roof replacement
program. The Measure J bond provided extensive modernization projects for middle and high
schools, including seismic upgrades to classrooms and schools and addition of school facilities to
relieve overcrowding. The Measure H bond will fund specific projects that would upgrade and install
school fire and safety systems, renovate and re -open closed school sites, improve or install systems to
reduce energy costs, acquire sites for future schools, and expand overcrowded schools by renovating
and repairing outdated classrooms.32
New development is required to provide necessary funding and/or capital facilities for the school
system, as determined by applicable State -mandated development impact fees. The Santa Clara
Unified School District's development impact fee for commercial development is $0.47 per square
foot.,,
(4) Regulatory Framework. This section describes applicable State regulations that pertain
to public schools. Local school districts are empowered under State law to impose school impact fees,
which are collected by local governments at the time of building permit issuance. However, these fees
are limited to those established by the State.
31 California Department of Education, 2012. Educational Demographic Unit. California Public School Enrollment
District Report: 2002-03 District Enrollment by Grade Santa Clara Unified. Website: data 1.Cde.ca. ROV/dataquest/ (accessed
April 17)
32 Santa Clara Unified School District, 2012. Bond Projects. Website: www.santaclarausd.org/bondproiects.cfm
(accessed April 17).
33 Plough, Bobbie, 2011. Superintendent, Santa Clara Unified School District, op. cit.
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In 1998, the California State Legislature enacted Senate Bill 50 (SB 50), which made significant
amendments to existing State law governing school fees. SB 50 prohibited State or local agencies
from imposing school impact mitigation fees, dedications, or other requirements in excess of those
provided in the statute. Government Code Section 65995(e) provides that where payment has been
made to a school district in accordance with the school fee program, that payment is considered full
mitigation for school impacts. The legislation also prohibits local agencies from denying or condition-
ing any project based on the inadequacy of school facilities.
d. Parks, Open Space, and Recreation Facilities. The City of Cupertino and its adjacent juris-
dictions collaborate with several public agencies such as the Midpeninsula Regional Open Space
District and Santa Clara County parks program in acquiring, maintaining, and developing open space
lands. Within City boundaries, the City's existing park and recreational space include neighborhood
and community facilities, residential parks, and schools with recreational space. As shown in Table
V.M-4, the City has a total of 29 parkland and recreational facilities that total approximately 164
acres.
In 2005, in conjunction with a proposed Table V.M-4: City of Cupertino Existing Park
townhouse development project, the City of and Recreation Areas
Cupertino designated a 1.1 -acre neighbor-
hood park parcel within the project site as
Parks and Open Space under the General
Plan to serve the future residents of the
townhouse development project and
residents living in the northern portion of
the City. However, neither the townhouse
Type of Park
Number
of Parks
Acreage
(acres)
Residential Parks/Open Space
1
0.94
Neighborhood Parks
16
78.23
C0 nity Parks
6
55.20
Schools with Recreational Space
8
29.88
Total
29
164.25
development project nor public park were Source: Cupertino General Plan, 2005, City of Cupertino, 2012.
developed, although the site of the proposed
park (currently a parking lot) remains designated as park space in the City of Cupertino General Plan
and Zoning Ordinance The General Plan identifies the northeastern portion of the City as a park -
deficient area and envisions that the potential park on the site would be available for public use by
existing and new residents in this area (existing residents include those in The Hamptons apartment
community and the residential neighborhood behind the Hilton Garden Inn -Cupertino and Courtyard
Inn San Jose/Cupertino hotels). Other neighborhood parks located near the project site include Portal
(3.8 acres), Wilson (4.8 acres), and Creekside (13 acres) parks.
The City of Cupertino uses a standard of 3 acres per 1,000 residents as a threshold to measure how
well its citizens are provided with access to open space and recreational facilities.34 With a 2011
population of 58,302, it is estimated that the City currently provides 2.8 acres of open space per 1,000
residents (below the objective of 3 acres per 1,000 residents).
The City's open space resources also include trail corridors like that along the Stevens Creek Flood
Plain, which is currently undergoing restoration. As described in Chapter IV. Planning Policy, the
City's General Plan Land Use/Community Design Element includes policies and strategies (see
Policy 2-73 and Strategies 1, 2, and 3. Figure 2-I Trail Linkages in the General Plan, shows a
proposed Calabazas Creek Trail extending through the project site along the creek as an "Existing or
34 Cupertino, City of, 2005, General Plan, op. cit.
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Proposed Trail Linkage." However, this trail linkage would need to traverse a culvert under I-280 in
order to link with a future trail segment to the south. Additionally, 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,
where appropriate, and subject to the evaluation of safety, security, and privacy impacts, and
mitigation requirements.
The Santa Clara Valley Water District (SCVWD) owns and maintains the Calabazas Creek right-of-
way (including the segment within the project site). Through the Clean, Safe Creeks and Natural
Flood Protection Plan, SCVWD partners with cities and counties to incorporate trails, parks, and
recreation opportunities along creeks into existing or new flood control projects.35 In addition, the
SCVWD's Trails and Open Space Program has one grant program to implement the SCVWD Board
Governance Ends Policy E-4.3.1, which states the SCVWD will support additional trails, parks, and
open space along creeks and in the watershed when reasonable .16
e. Water Services. The City of Cupertino receives water services from two contracted providers:
the California Water Service Company (Cal Water) serves residents north of Stevens Creek Boule-
vard and the San Jose Water Company serves residents south of Stevens Creek Boulevard. Cal Water
provides water service to the project site. Cupertino is within Cal Water's Los Altos Suburban
District (District). The District serves the communities of Los Altos and parts of Los Altos Hills,
Cupertino, Mountain View, and Sunnyvale. Information in this section is based on the Apple Campus
2 SB 610 Water Supply Assessment (WSA)37 and the District's 2010 Urban Water Management Plan
(UWMP),38 unless otherwise noted. The proposed project was not specifically included in the
District's 2010 UWMP; as a result, the project's water requirements were addressed in the WSA that
was approved by the Cal Water Board. The WSA is available for review in Appendix G of this
document and at the City's Department of Community Development. The District's sources of water
and water treatment and distribution systems are described below
(1) Water Sources. Cal Water's Los Altos Suburban District uses a combination of local
groundwater (approximately 32 percent) and imported water (approximately 68 percent) purchased
from the SCVWD .39 In a given year, the ratio of groundwater and purchased treated water varies
depending on the supply available from the SCVWD .40 Currently, no wastewater is recycled for direct
35 Santa Clara Valley Water District, 2000. Clean, Safe Creeks and Natural Flood Protection Plan. Website:
www.valleywater.org/programs/CleanSafeCreeksPlan.asix (accessed June 4, 2012), July 25.
36 Santa Clara Valley Water District, 2012. Trails and Open Space Program. Website: www.valleywater.org/
Services/TrailsAndOpenSpace.asp (accessed March 5).
37 Yarne & Associates, Inc., 2012. fipple Campus 2 Development Project SB 610 Water Supply Assessment Draft.
February 1.
38 California Water Service Company, 2011. 2010 Urban Water Management Plan, Los Altos Suburban District.
June.
39 Ibid.
40 Yarne & Associates, Inc., 2012, op. cit.
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reuse in the District.41 As a water retailer, Cal Water does not have direct control over its water
supply. Cal Water relies on SCVWD to maintain reliable supplies of groundwater and imported
water.
SCVWD imported water is conveyed through the Sacramento -San Joaquin Delta and then pumped
and delivered to the County through three main pipelines: the South Bay Aqueduct, which carries
water from the State Water Project (SWP), the Santa Clara Conduit and Pacheco Conduit, both of
which bring water from the federal Central Valley Project (CVP), and the San Francisco Public
Utilities Commission's (SFPUC) Regional Water System.42 However, Cal Water only receives
SCVWD water from the SWP and CVP.41
When surface water supplies are abundant, SCVWD makes available for sale "Non -Contract" water
in order to promote increased storage in groundwater aquifers in the region. Because there is usually a
lower cost for purchasing "Non -Contract" water, the District reduces production of groundwater and
increases its purchase of treated surface water from the SCVWD during these periods. When surface
water supplies are limited due to drought conditions, SCVWD has imposed both voluntary and
mandatory reductions in the amount of treated water it delivers to its customers, including the
District. During periods of SCVWD supply reduction and to capitalize on increased groundwater
storage, the District increases groundwater pumping.44
The reliability of imported water supply from the SWP and CVP has been heavily affected by the
recent Wanger Decision '41
which limits pumping in the Sacramento -San Joaquin Delta due to adverse
impacts on Delta smelt populations. The Delta smelt is protected under the California Endangered
Species Act. The temporary restrictions could reduce available supply from the Delta by up to 30
percent, and may limit SCVWD's ability to deliver typical amounts of water to each of its retail
customers, especially in dry or consecutive dry years .46
The SCVWD operates three surface water treatment plants (the Penitencia, Rinconada, and Santa
Teresa water treatment plants) for its combined surface water supplies from local runoff The
imported water supply is treated and delivered to water retailers and is also delivered by SCVWD's
raw water conveyance system to streams and ponds for groundwater recharge.
The District is located in the Santa Clara sub -basin of the Santa Clara Valley Groundwater Basin.
Groundwater quality and quantity in the District are actively managed by SCVWD. The District has
41 Santa Clara Valley Water District, 2011. 2010 Urban Water Management Plan. May. Wastewater is currently not
recycled for direct reuse in the District. However, surrounding jurisdictions are exploring the possibility of extending a
recycled water line from the Sunnyvale Water Pollution Control Plant along Wolfe Road for eventual connection to the
project site. The City of Sunnyvale circulated an Initial StudyMlitigated Negative Declaration for the Wolfe Road Recycled
Water Project in October 2012, although tmal approval for that project has not been granted. Because uncertainty remains
regarding a potential future recycled water project, this analysis does not rely on recycled water as a water supply.
42 Ibid.
43 Cal Water, 2011, op. cit.
44 Yarne & Associates, Inc., 2012, op. cit.
4s Ibid.
46 Ibid.
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27 groundwater wells, 23 of which are currently active and operational .47 While it is not normally
practical to operate wells continuously in a 24-hour period, 7 days a week, the active wells would
have a combined capacity of 23,850 acre feet per year (afy) if they were to be operated in this
manner. Currently, active wells in the District are used to produce approximately 30 percent of this
capacity. 48 Groundwater supply projections are based on groundwater production matched to meet
the difference between District demand and supply deliveries from SCVWD in a given year. Cal
Water has adequate well capacity to meet projected demand through 2040.49
Table V.M-5: Cal Water Planned Water Supply and Demands a
Water Supply Sources
2015
2020
2025
2030
2035
2040
SCVWD Purchased Water
10,112
9,498
9,666
9,837
10,009
10,184
Cal Water Groundwater Wells
3,979
3,257
3,314
3,373
3,432
3,492
Supply Source Total
14,091
12,755
12,980
13,209
13,440
13,676
Water Demand
14,091
12,755
12,980
13,209
13,440
13,676
Difference
0
0
0
0
0
0
a Water conservation savings have been incorporated into the projections. According to the Urban Water Management
Plan, for the purpose of this analysis, the total groundwater supply will be limited to only the quantity necessary to
provide a normal supply to Cal Water customers. Therefore, the total supply will equal the projected demand in any
given year. The groundwater supply is considered reliable through 2040 and no supply deficiencies are expected.
of = acre feet
Source: Cal Water Los Altos Suburban District, 2010; Urban Water Management Plan, 2011.
Maximum day demands, both current and projected, are met by deliveries of purchased SCVWD
water. According to the Cal Water's 2010 Urban Water Management Plan, the Los Altos District
(within which Cupertino is located) has not experienced supply shortages or needed to acquire addi-
tional sources of supply.50 Planned water supply during a normal year for Cal Water's service area is
shown in Table V.M-5. Under normal year conditions, the SCVWD would be able to meet Cal
Water's projected water demand, taking into account groundwater extraction. As described above, the
District has historically pumped only a fraction of the total capacity of its active wells, which leaves
excess groundwater as groundwater storage; therefore, an adequate supply of groundwater is expected
to be available in normal years."
As shown in Table V.M-6, the projected water supply for a single dry year would be 13,638 afy, and
would decrease to 13,327 afy for the first year of multiple dry years, then increase to 13,927 afy for
the second year, and decrease again to 13,685 afy for the third year. 12
According to the Urban Water
Management Plan, Cal Water's water supply would be reliable during multiple dry years through
2035.s3
47 Yarne & Associates, Inc., 2012, op. cit.
48 Cal Water, 2011, op. cit.
49 Yarne & Associates, Inc., 2012, op. cit.
50 Cal Water, 2011, op. cit.
51 Ibid.
52 Yarne & Associates, Inc., 2012, op. cit.
53 Cal Water, 2011, op. cit.
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Table V.M-6: Projected Cal Water Supply for Single and Multiple Dry -Years (afy)
afy = acre feet per year
Source: Cal Water Los Altos Suburban District, 2010; and Urban Water Management Plan, 2011.
(2) Water Treatment Facilities and Distribution System. The District's water system
includes 295 miles of pipeline, 65 booster pumps, and 46 storage tanks.54 Potable water is delivered to
the District from the Rinconada treatment plant through a large -diameter high-pressure pipeline (also
known as the West Pipeline) that runs through Cupertino and along the Foothill Expressway." The
District receives SCVWD water at four turnout locations throughout its system. Each of the turnouts
is equipped with pressure and flow control devices, which provide water delivery from the main to
the District system. Cal Water is not a regional water wholesaler and does not store water seasonally
in reservoirs or other storage facilities.16
Water distribution lines in the vicinity of the project site include 12 -inch water lines along Pruneridge
Avenue and North Tantau Avenue, an 8 -inch water line along East Homestead Road, and 12 -inch and
8 -inch water lines along North Wolfe Road. Currently, there are no recycled water distribution lines
located within the vicinity of the project site. The existing total estimated potable water usage on the
project site is 398.4 afy.
(3) Regulatory Framework. This section describes applicable State regulations and Cal
Water plans that pertain to water conservation.
Senate Bill No. 7 (SBx7-7). In compliance with Senate Bill No. 7 (SBx7-7), adopted in
November 2009, Cal Water is expanding water conservation programs for all its service districts.
SBx7-7 mandates a Statewide 20 percent reduction in per capita urban water use by December 31,
2020.
Water Conservation Master Plans. In order to achieve increased water conservation, Cal
Water developed 5 -year conservation plans for each of its service districts in 2010. Major tasks in the
conservation plans include a complete review of State policies and development of a compliance
strategy, calculation of all appropriate per capita targets, determining water savings required from
new programs, performing an analysis of conservation programs, developing a portfolio of conserva-
tion program actions, and creating a plan for monitoring and updating the conservation plans.s' The
54 California Water Service Company, 2011. Los Altos District General Information. Website: www.Cal Water.com/
your district/index.php?district=las (accessed September 30).
ss California Water Service Company, 2011. 2010 Urban Water Management Plan, Los Altos Suburban District.
June.
56 Ibid.
57 Yarne & Associates, Inc., 2012, op. cit.
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Multiple
Multiple
Multiple
2015
Single
Dry Year
Dry Year
Dry Year
Normal Year
Dry -Year
Year 1
Year 2
Year 3
supply
14,091
13,638
13,327
13,927
13,685
% Reduction From
—
3.2%
5.4%
1.2%
2.9%
2015 (Normal Year)
afy = acre feet per year
Source: Cal Water Los Altos Suburban District, 2010; and Urban Water Management Plan, 2011.
(2) Water Treatment Facilities and Distribution System. The District's water system
includes 295 miles of pipeline, 65 booster pumps, and 46 storage tanks.54 Potable water is delivered to
the District from the Rinconada treatment plant through a large -diameter high-pressure pipeline (also
known as the West Pipeline) that runs through Cupertino and along the Foothill Expressway." The
District receives SCVWD water at four turnout locations throughout its system. Each of the turnouts
is equipped with pressure and flow control devices, which provide water delivery from the main to
the District system. Cal Water is not a regional water wholesaler and does not store water seasonally
in reservoirs or other storage facilities.16
Water distribution lines in the vicinity of the project site include 12 -inch water lines along Pruneridge
Avenue and North Tantau Avenue, an 8 -inch water line along East Homestead Road, and 12 -inch and
8 -inch water lines along North Wolfe Road. Currently, there are no recycled water distribution lines
located within the vicinity of the project site. The existing total estimated potable water usage on the
project site is 398.4 afy.
(3) Regulatory Framework. This section describes applicable State regulations and Cal
Water plans that pertain to water conservation.
Senate Bill No. 7 (SBx7-7). In compliance with Senate Bill No. 7 (SBx7-7), adopted in
November 2009, Cal Water is expanding water conservation programs for all its service districts.
SBx7-7 mandates a Statewide 20 percent reduction in per capita urban water use by December 31,
2020.
Water Conservation Master Plans. In order to achieve increased water conservation, Cal
Water developed 5 -year conservation plans for each of its service districts in 2010. Major tasks in the
conservation plans include a complete review of State policies and development of a compliance
strategy, calculation of all appropriate per capita targets, determining water savings required from
new programs, performing an analysis of conservation programs, developing a portfolio of conserva-
tion program actions, and creating a plan for monitoring and updating the conservation plans.s' The
54 California Water Service Company, 2011. Los Altos District General Information. Website: www.Cal Water.com/
your district/index.php?district=las (accessed September 30).
ss California Water Service Company, 2011. 2010 Urban Water Management Plan, Los Altos Suburban District.
June.
56 Ibid.
57 Yarne & Associates, Inc., 2012, op. cit.
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Los Altos Suburban District Conservation Master Plan can be found in Appendix G of the District's
2010 UWMP.
Water Shortage Allocation Plans. Cal Water also developed Water Shortage Allocation Plans,
which are plans of action to reduce water demand should a significant water supply shortage occur,
primarily due to drought.58 The Water Shortage Allocation Plans differ from the Water Conservation
Master Plans, which are focused on achieving permanent reduction in per capita water use by Cal
Water's customers and are not driven by significant short-term or long-term reductions in water
supply. Cal Water has developed a four -stage approach to drought response that corresponds to
specific levels of water supply storage.59
f. Wastewater System. The wastewater collection and treatment system serving the project site
is provided by the Cupertino Sanitary District. The existing collection system and wastewater
treatment facilities serving the City are described below.
(1) Collection System. The Cupertino Sanitary District operates and maintains approxi-
mately 195 miles of sewer lines, approximately 80 miles of lateral pipes, and 17 pump stations .60 Of
the 17 pump stations, 11 are located in the City of Cupertino, and six are located in the City of
Saratoga. Wastewater pipes within the District's service area range from 4 to 27 inches in size, and all
sewer main sizes are 8 inches in diameter, unless specified. Approximately 70 percent of the sewer
mains were constructed during the 1960s, 20 percent during the 1970s, and the remaining 10 percent
after 1980.61
Wastewater infrastructure in the vicinity of the project site consists of 27 -inch trunk sewer mains
along Pruneridge Avenue and North Tantau Avenue, a 10 -inch sewer main along the southern portion
of North Tantau Avenue, an 8 -inch and a 12 -inch sewer main along East Homestead Road, and a 12 -
inch sewer main along North Wolfe Road. There are no pump stations in the vicinity of the project
site. A metering station is located downstream from the project site, which serves as the point where
wastewater flow is transferred for conveyance to the San Jose/Santa Clara Water Pollution Control
Plant (SJ/SC WPCP).62
The Cupertino Sanitary District's current flow allocation from the SJ/SC WPCP is 7.875 million
gallons a day (mgd). The District's current estimated wastewater flow to SJ/SC WPCP is 5.13 mgd,
which represents approximately 65 percent of the District's current allocation .6' The current waste-
water flow to sewer mains near the project site is approximately 4 mgd .64
58 Ibid.
59 Ibid.
60 Tanaka, Richard, 2011. District Manager, Cupertino Sanitary District. Personal communication with LSA
Associates, Inc. November 7.
61 Ibid.
62 Ibid.
63 Tanaka, Richard, 2011, op. cit.
64 Ibid.
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(2) Wastewater Treatment Facilities. Wastewater treatment is provided by the SJ/SC
WPCP, which is jointly owned by the cities of San Jose and Santa Clara. The SJ/SC WPCP is located
at 700 Los Esteros Road in the City of San Jose and is one of the largest advanced wastewater treat-
ment facilities in California. The SJ/SC WPCP treats the wastewater generated by over 1.5 million
people in the cities of San Jose, Santa Clara, Milpitas, Campbell, Cupertino, Los Gatos, Saratoga, and
Monte Sereno, and includes an advanced, tertiary system that has the capacity to treat 167 mgd of
wastewater per day.65 Wastewater is treated at the SJ/SC WPCP and then discharged as fresh water
through the Artesian Slough and into the South San Francisco Bay. A small portion of the treated
water is recycled through the South Bay Water Recycling (SBWR) pipelines, which were developed
to reduce the environmental impact of freshwater discharges into the salt marshes of the south end of
the San Francisco Bay, and to help protect two endangered species: the California Clapper rail and the
salt marsh harvest mouse. 66 The SBWR system consists of over 120 miles of pipelines serving the
cities of Milpitas, Santa Clara, and San Jose.
In October 2010, the SCVWD and SJ/SC WPCP began construction of a new water treatment facility,
known as the Advanced Water Treatment Facility (AWT) that will have the capacity to produce up to
10 million gallons of highly purified water per day. The AWT is expected to begin operations in
2013. The SCVWD will own and operate the new treatment facility while the City of San Jose will
continue to operate the SBWR system. The AWT facility would use microfiltration, reverse osmosis,
and ultraviolet disinfection to produce highly purified water.67 The recycled water that is produced
from the AWT facility would be blended with recycled water from SBWR and would be distributed
for non -potable uses in irrigation and industry.
g. Solid Waste. The following section describes Cupertino's non -hazardous and hazardous waste
disposal services and capacity, as well as applicable solid waste regulations, including source
reduction and recycling regulations.
Apple currently operates a comprehensive recycling and waste management program. The program
diverts approximately 78 percent of waste from landfills; the objective is to increase this diversion
rate to 80 percent by 2015. The recycling program encompasses plastics, metal, paper, and consumer
electronics and food scraps .61
(1) Non -Hazardous Solid Waste. Recology South Bay provides curbside recycling,
garbage, and compost and yard waste services to all residential and commercial customers in the City
of Cupertino and the unincorporated areas of Los Altos, Los Altos Hills, and Cupertino. Recology
South Bay also offers debris box service for construction and demolition activities. Non -hazardous
solid waste is taken to Newby Island Sanitary Landfill for processing, and recyclable materials are
65 San Jose, City of, 2011. Environmental Services. Wastewater, San Jose/Santa Clara Water Pollution Control Plant.
Website: www.sanjoseca.gov/esd/wastewater/water-pollution-control-plant.aM (accessed November 7).
66 Ibid.
67 Santa Clara Valley Water District, 2012. Clean Reliable Water, Recycled Water. Website: www.valleywater.org
SVAWPC.aspx (accessed March 7).
68 Apple, Inc., 2012. Waste Diversion Programs in Cupertino. April.
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handled by Recology South Bay, where materials are processed for end markets .69 The City has a
contract with Newby Island Sanitary Landfill until 2023.70
The Newby Island Sanitary Landfill, a subsidiary of Allied Waste, is located at 1601 Dixon Landing
Road in the City of Milpitas, and handles industrial wastes, wastewater treatment sludge, construc-
tion/demolition debris, contaminated soils, and municipal solid waste.'' The landfill has a total
estimated capacity of 50.8 million cubic yards. As of 2000, the landfill's total estimated used capacity
was approximately 32.5 million cubic yards, or 64 percent of the landfill's total capacity. The landfill
has a permitted throughput of 4,000 tons per day 72 and is anticipated to have sufficient capacity until
June 2025, its expected closure date.73
(2) Hazardous Solid Waste. Curbside Inc., contracted by Recology South Bay, offers door-
to-door household hazardous waste collection services upon request for Cupertino residents and
businesses. Hazardous waste generated by residential and business uses includes: paint, insecticides,
herbicides, automotive parts, florescent lights, compact fluorescent lamps, batteries, computers, cell
phones, cleaning products, solvents, and sharp objects. Apple's Computer Recycling Facility also
offers free electronic waste drop-off for Cupertino residents.74 In addition, the County of Santa Clara
Household Hazardous Waste (HHW) program provides hazardous waste disposal options for
Cupertino residents at drop-off facilities. The HHW program offers practical pollution prevention
options for the use, recycling, and disposal of products containing hazardous substances .71
(3) Regulatory Framework. The following section describes the solid waste regulatory
context in Cupertino, including State-wide mandates, and local General Plan and Municipal Code
requirements.
California Integrated Waste Management Act (AB 939). In 1989, the California Legislature
enacted the California Integrated Waste Management Act (AB 939), which requires the diversion of
waste materials from landfills in order to preserve landfill capacity and natural resources. Cities and
counties in California were required to divert 25 percent of solid waste by 1995, and 50 percent of
solid waste by the year 2000. AB 939 further requires every city and county to prepare two docu-
ments demonstrating how the mandated rates of diversion will be achieved. The Source Reduction
and Recycling Element (SRRE) must describe the chief source of the jurisdiction's waste, the existing
diversion programs, and current rates of waste diversion and new or expanded diversion programs.
The Household Hazardous Waste Element (HHWE) must describe each jurisdiction's responsibility
69 Donnelly, Cheri, 2011. Environmental Program Manager, Solid Waste and Stormwater. City of Cupertino Public
Works Department. Personal communication with LSA Associates Inc., November 14.
70 Ibid.
71 Allied Waste Services, 2011. Newby Island Sanitary Landfill. Website: www.alliedwastescco.com/facilities.cfm
(accessed November 14).
72 Permitted throughput is the maximum permitted amount of waste a landfill can handle and dispose of in one day.
This figure is established in the current solid waste facilities permit issued by the Integrated Waste Management Board.
73 California Department of Resources Recycling and Recovery, 2011. Waste Stream Profiles: fictive Landfills
Profile for Newby Island Sanitary Landfill. Website: www.calrecycle.ca.gov/DataCentral (accessed November 14).
74 Apple, Inc., 2011. Apple Recycling Program. Website: www.Mle.com/rec,/�g (accessed November 11).
75 Santa Clara, County of, 2011. Department of Environmental Health, Hazardous Materials Compliance Division.
Santa Clara County Household Hazardous Waste Program. Website: www.sccgov.org/sites/deh (accessed November 11).
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in ensuring that household hazardous wastes are not mixed with non -hazardous solid wastes and sub-
sequently deposited at a landfill. Cupertino's SRRE was approved in May 1995 and its HHWE was
approved in June 1996 by the California Department of Resources Recycling and Recovery
(CalRecycle), formally known as the California Integrated Waste Management Board. The SRRE
Biennial Review was accepted on August 1996. In 2006, CalRecycle certified that the City had
diverted 60 percent of its solid waste and had met the requirements of the California Integrated Waste
Management Act.76
City of Cupertino Construction and Demolition Debris Diversion Ordinance. The City of
Cupertino Construction and Demolition Debris Diversion Ordinance" establishes a program for the
recycling and salvage of construction and demolition debris. The ordinance requires at least 60
percent of the debris from construction, demolition, and renovation projects to be diverted from
landfills through salvage and recycling practices. Project applicants that choose to haul their own
construction and demolition debris, and not employ the services provided by the City's franchised
hauler, Recology,78 are required to prepare a Waste Management Plan as a part of the building or
demolition permit application process. This plan must accurately estimate the tonnage of demolition
and construction debris generated by the project. In addition, at the completion of project construc-
tion, project applicants that do not employ Recology's service for disposal are required to submit a
Construction Recycling Report showing the amount and type of materials recycled and disposed.
Failure to comply with the reporting requirement may delay recovery of any bond or deposit held by
the City. Approval of the Waste Management Plan by the City is a condition precedent to the issuance
of any building or demolition permit for a project in which the applicant hauls his or her own con-
struction and demolition debris.
h. Energy and Telecommunications. The following discussion provides background infor-
mation on energy and telecommunications.
(1) Energy. The Pacific Gas & Electric Company (PG&E) provides electricity and natural
gas service to Cupertino. PG&E charges connection and user fees for all new development, in
addition to sliding rates for electrical and natural gas service based on use.
Gas supplies in northern California come primarily from gas fields in the Sacramento Valley .79
However, PG&E produces much of its energy from renewable sources and has plans in place to
increase reliance on renewable energy sources. Of the energy provided to PG&E customers in 2010,
approximately 16 percent came from renewable resources. In 2010, 24 percent of energy provided to
PG&E customers came from nuclear generation; 23 percent was from unspecified sources; 20 percent
was from natural gas; 16 percent was from large hydroelectric facilities; and 16 percent was from
renewable resources (e.g., wind, geothermal, biomass, small hydroelectric sources, and solar); and
76 California Department of Resources Recycling and Recovery, 2011. Waste Stream Profiles: Jurisdiction Profile
for City of Cupertino. Website: www.calrecycle.ca.gov/DataCentral (accessed November 7).
77 Cupertino, City of, 2010. Municipal Code 16.72.
78 Recology submits documentation (e.g., a Waste Management Report) for project applicants who use Recology's
services and debris boxes. Recology recycles all construction and demolition debris to the maximum extent possible.
79 California Gas and Electric Utilities, 2011. 2010 California Gas Report. Website: www.pRe.com/pipeline/library
regulator /cgr index.shtml (accessed November 8).
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less than 2 percent came from coal and other fossil fuels.80 In addition, PG&E has plans to increase
the use of renewable power. For instance, PG&E purchases power from customers that install small-
scale renewable generators (e.g., wind turbines or photovoltaic cells) up to 1.5 megawatts in size.81
Because many agencies in California have adopted policies seeking increased use of renewable
resources (and have established minimum standards for the provision of energy generated by renew-
able resources), it is expected that PG&E will continue to meet future demand for energy via an
increasing reliance on renewable resources, including small-scale sources such as photovoltaic panels
and wind turbines, in addition to larger -scale facilities, such as wind farms.
The PG&E electric system is designed to deliver safe and reliable energy to customers throughout
Northern and Central California. PG&E produces or buys its energy from a mix of conventional and
renewable generating sources, which travel through PG&E's electric transmission and distribution
systems.82
The PG&E gas transmission pipeline system serves approximately 4.2 million gas customers in
northern and central California. The system is operated under an inspection and monitoring program.
The system operates in real time on a 24-hour basis, and includes leak inspections, surveys, and
patrols of the pipelines. A new program, the Pipeline 2020 program, aims to modernize critical
pipeline infrastructure, expand the use of automatic or remotely -operated shut-off valves, catalyze
development of next -generation inspection technologies, develop industry-leading best practices, and
enhance public safety partnerships with local communities, public officials, and first responders.
Regulatory requirements for efficient use of electricity and gas are contained in Title 24, Part 6, of the
California Code of Regulations, entitled "Energy Efficiency Standards for Residential and Nonresi-
dential Buildings." These regulations specify the State's minimum energy efficiency standards and
apply to new construction of both residential and nonresidential buildings. The standards regulate
energy consumed for heating, cooling, ventilation, water heating, and lighting. Compliance with these
standards is verified and enforced through the local building permit process.
(2) Telecommunications. AT&T, Verizon, Comcast, Qwest, and Level 3 provide telecom-
munication services within Cupertino. These service providers provide or host a variety of other
telecommunication services, such as Digital Subscriber Line (DSL), Internet Service Provider (ISP),
web hosting, virtual private networking, U -verse, Multi -protocol Label Switching (MPLS), content
delivery network (CDN), and wireless/cellular paging services.
The California Public Utilities Commission requires that telecommunications providers anticipate and
serve new growth. To meet this requirement, these providers continually upgrade their facilities and
infrastructure, adding new facilities and technology to remain in conformance with California Public
Utilities Commission tariffs and regulations and to serve customer demand in the City. Telecom -
80 Pacific Gas & Electric Company, 2012. Clean Energy Solutions. Website: www.pge.com/mybusiness/
environment/pge/cleanenergy/index. shtml (accessed February 17).
81 Ibid
82 Pacific Gas and Electric Company, 2011. Electric System. Website: www.pge.com/mybusiness/edusafely
systemworks/electric/ (accessed November 8).
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munication providers also work with the City to ensure that construction of new facilities does not
interfere with any new or newly -paved streets.
i. City of Cupertino General Plan. The Cupertino General Plan includes the following policies
and programs related to public services and utilities.
Land Use and Community Design Element
Policy 2-56: Planning for Schools
Recognize the financial impact of increased development on the school districts' ability to provide staff and
facilities. Work with the districts to assure that the continued excellence of school services can be provided
prior to granting approval for new development.
Policy 2-57: Pedestrian Access
Create pedestrian access between new subdivisions and school sites. Review existing neighborhood circulation
plans to improve safety and access for pedestrians and bicyclists to school sites.
Policy 2-71: Private Open Space and Recreational Facilities
Encourage the continued existence and profitability of private open space and recreation facilities through
incentives and development controls.
Policy 2-72: Public Use of Private Open Space
Seek cooperation from private landowners for public use of private open space.
Policy 2-73: Open Space and Trail Linkages
Dedicate or acquire open space lands and trail linkages to connect areas and provide for a more walkable
community.
Strategies:
1. Cupertino Pedestrian Transportation Plan. Implement the recommendations of the Cupertino
Pedestrian Transportation Plan to develop a City trail/ pedestrian linkage between major
employment centers, the Heart of the City and major open space areas.
2. Trail Projects. Implement the trail projects described in this element. Evaluate any safety, security
and privacy impacts and mitigations associated with trail development. Work with affected
neighborhoods in locating trails.
3. Dedicated Trails or Easements. Require dedication or easements for trails, as well as their
implementation, as part of the development process, where appropriate.
4. Joint Use Agreement. Establish a Joint Use Agreement with the Santa Clara Valley Water District
that sets standards and implementation measures for creek trails.
Environmental Resources/Sustainability Element
Policy 5-2: Conservation and Efficient Use of Energy Resources
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.
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Strategies:
1. Alternate Energy Sources. Encourage the use of solar energy and other alternate, renewable energy
resources for all new and significantly renovated private and public buildings. Ensure that all homes
have an acceptable balance of access to the sun and protection from it. Promote new technologies,
such as waterless water heaters to effect this change.
2. Comprehensive Energy Management Plan. Prepare and implement a comprehensive energy
management plan for all applicable public facilities, equipment and procurement and construction
practices.
3. Consistency with State and Federal Regulation. Review and evaluate applicable City codes,
ordinances, and procedures for inclusion of local, state and federal policies and standards that
promote the conservation and efficient use of energy and for consistency with the goal of sustain-
ability. Change those that will promote energy efficiency without a punitive effect.
4. Energy Cogeneration Systems. Encourage the use of energy cogeneration systems through the
provision of an awareness program targeting the larger commercial and industrial users and public
facilities.
5. Regulation of Building Design. Ensure designers, developers, applicants and builders meet
California Title 24 Energy Efficient Building Standards and encourage architects, building designers
and contractors to exceed "Title 24" requirements for new projects through the provision of incen-
tives. Encourage either passive solar heating and/or dark plaster interior with a cover for swimming
pools, cabanas and other related accessory uses where solar access is available. Encourage the use of
alternative renewable sources where feasible, and develop energy audits or subvention programs.
6. Use of Discretionary Development Permits (Use Permits). Require, as conditions of approval for
new and renovated projects, the provision of energy conservation/efficiency applications.
7. Energy Efficient Transportation Modes. Encourage alternative, energy efficient transportation
modes such as "clean" multi -modal public transit, car and vanpooling, flexible work hours, and
pedestrian and bicycle paths.
Policy 5-31: Water Use Efficiency
Promote efficient use of water throughout the City.
Strategies:
1. Landscaping Plans. Require water -efficient landscaping plans that incorporate the usage of
recycled water for landscape irrigation as part of the development review process.
2. Water Conservation Programs. Work with the Santa Clara Valley Water District to undertake
programs that promote water use efficiency for residential and commercial customers. Maintain
programs for long-term water conservation at City Buildings, including installation of low flow
toilets and showers, installation of automatic shut off valves in lavatories and sinks and water
efficient outdoor irrigation.
Policy 5-38: Commercial/Industrial Recycling
Expand existing commercial and industrial recycling programs to meet and surpass AB939 waste stream
reduction goals.
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Policy 5-40: On-site Garbage Area Dedication
Modify existing, and require for new developments, on-site waste facility requirements for all multi -family
residential, commercial and industrial land uses to have 50% of their garbage area dedicated to recycling and no
more than 50% garbage.
Policy 5-44: Reuse of Building Materials
Encourage the recycling and reuse of building materials, including recycling materials generated by the
demolition and remodeling of buildings.
Policy 5-47: Vallco Parkway
Recognize that new high discharge users in the Vallco area and the Stevens Creek Boulevard and Blaney
Avenue area will require private developers to pay for the upgrading of tributary lines.
Health and Safety Element
Policy 6-7: Early Project Review
Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire
Department input and modifications as needed.
Policy 6-25: Crime Prevention in Building Design
Consider the relationship between building design and crime prevention in reviewing all developments.
Policy 6-27: Pre -hearing Review
Continue to request County Sheriff review and comment on development applications for security measures.
2. Impacts and Mitigation Measures
This section discusses public service and utility impacts that could result from the proposed project.
The section begins with the significance criteria, which establish the thresholds used to determine
whether an impact is significant. The latter part of this section presents the impacts associated with
the proposed project and identifies mitigation measures, if appropriate. Less -than -significant impacts
are discussed first, followed by significant impacts.
a. Criteria of Significance. The proposed project would have a significant impact on the
environment related to public services and utilities if it would:
• Result in substantial adverse physical impacts associated with the provision of or need for
new or physically altered governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response
times, or other performance objectives for any of the following public services:
• Fire protection;
• Police protection;
• Schools; or
• Other public facilities.
• Increase the use of existing neighborhood and regional parks or other recreational facilities
such that substantial physical deterioration of the facility would occur or be accelerated;
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• Include recreational facilities or require the construction or expansion of recreational
facilities that might have an adverse physical effect on the environment;
• Cause there to be insufficient water supplies to serve the project from existing entitlements
and resources, requiring new and expanded entitlements;
• Require or result in construction of new water facilities, or expansion of existing facilities,
construction of which could cause significant environmental effects;
• Exceed wastewater treatment requirements of the San Francisco Bay Regional Water
Quality Board;
• Require or result in construction of new wastewater facilities, or expansion of existing
facilities, construction of which could cause significant environmental effects;
• Result in a determination by the wastewater treatment provider which serves or may serve
the project that it has adequate capacity to serve the project's projected demand in addition
to the providers existing commitments;
• Violate applicable federal, State, and local statutes and regulations related to solid waste; or
• Be served by a landfill with insufficient permitted capacity to accommodate the project's
solid waste disposal needs.
b. Less -Than -Significant Impacts. Implementation of the proposed project would result in the
following less -than -significant impacts to public services and utilities.
(1) Police Protection. The proposed project would increase the number of employees on the
project site by 9,356, which could increase the demand for police services on the site and in surround-
ing areas (although the increased demand associated with employment growth on the site could be
partially alleviated through the extensive on -campus security system). Apple would improve existing
security and maintain a high level of security on the proposed campus through operation of a private
security division and use of security measures. Security measures include the placement of security
checkpoints at the Pruneridge Avenue and North Tantau Avenue access points and the installation of
metal, picket -style fencing around the entire site. The security measures proposed as part of the
proposed project could help to reduce additional calls for police services.
According to the West Valley Patrol Division of the Sheriff's Office, upon preliminary review of the
proposed project, the following resources could be required to ensure the current level of law
enforcement services is maintained in the City:
• One additional general patrol Deputy Sheriff to staff the C5 beat area and surrounding area
impacted by the increase in vehicle traffic into the area; and
• Two programmable, electronic traffic notification mobile message boards.83
These resources would be funded by the City. However, the Sheriff's Office bills Cupertino on a
monthly basis for police services. No additional police facilities would need to be constructed to serve
83 Smith, Laurie, 2011, op. cit. and Binder, Kenneth, 2012. Chief of Police for City of Cupertino, Sheriff's Office
West Valley Division. Personal communication with LSA Associates, Inc. August 16.
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the project. Therefore, the proposed project would not result in significant physical impacts related to
the need for new or altered police facilities.
(2) Schools. As discussed in Section VC, Population, Employment, and Housing, while the
addition of 9,3561obs84 on the project site would not directly increase the population of Cupertino, it
could indirectly induce population growth if Apple employees move to the area. However, the total
population growth associated with the project (9,356) would be a relatively small percentage
(approximately 7.9 percent) of the population growth expected in Santa Clara County between 2015
and 2020 (117,800).85 In addition, it is likely that much of the growth induced by the project would
occur outside the County. The growth associated with the project would be an even smaller percent-
age of region -wide growth, and would be considered less than significant.
Future Apple employees would most likely live in existing homes or yet to -be -built homes that may
have been or will be subject to school impact fees (and property taxes, which provide for a small
portion of school services). Independent analyses were conducted to evaluate the impacts of the
project on the three school districts that would serve employees living in the vicinity of the project
site: Cupertino Union School District; Fremont Union High School District; and Santa Clara Unified
School District.
The analyses for the Cupertino Union School District and Fremont Union High School District were
prepared by Schoolhouse Services at the request of the two distnCts.86 For the Cupertino Union
School District, Schoolhouse Services estimated project -related student generation using the
following steps (please refer to the Schoolhouse Services report for additional detail):
1. Identify the current number of students in the District with Apple employees as parents or
guardians.
2. Using the ratio of existing Apple employees in the area to the net new Apple employees
generated by the project, prorate the current number of students in the District in Apple
households to identify the net new number of households in the District that could be
generated by the project. Based on this information, it is projected that approximately 1,660
Apple employees could move to the District.
3. Adjust the resulting number to account for the likelihood that some new Apple employees
could share the same household. Assuming approximately 12 percent of Apple employees
could share households, new Apple employees moving to the District could establish
approximately 1,461 households.
84 The net increase of new employees assumed for the purpose of this EIR (9,356) may over-estimate the number of
net new employees in the project area because it is not certain how many new employees would be existing Apple
employees currently working outside the project site or new employees that do not currently work for Apple in the vicinity
of the project site. The proposed project is intended to consolidate current and new Apple employees. Therefore, it is likely
that the net increase of employees that would result from the project would be less than 9,356. However, the full potential
net increase is used in this EIR to allow for a conservative environmental analysis that does not under -estimate potential
impacts of the project.
85 Association of Bay Area Governments, 2009, op. cit.
86 Schoolhouse Services, 2012. Apple Campus 2 School Impacts on the Cupertino Union School District. May;
Schoolhouse Services, 2012. Apple Campus 2 School Impacts on the Fremont Union High School District. May.
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4. Apply a student generation rate (0.122) to each of the net new households in the District to
determine the number of students likely to be generated by the project. This student
generation rate was developed to reflect the assumption that most new Apple employees who
move to the District could buy or rent existing residential units, and that any new housing
development would be subject to its own analysis for school impacts and the payment of
school impact fees.
Using this methodology, Schoolhouse Services estimated that the increase of employees that could
result from the project could generate approximately 178 elementary and middle school students in
the Cupertino Union School District over approximately 15 years.87
For the Fremont Union High School District, Schoolhouse Services estimated project -related student
generation using the following steps (please refer to the Schoolhouse Services report for additional
detail):
1. Identify the average number of students per grade that could be generated by the project in
the Cupertino Union School District (19.80 students).
2. Multiply the average number of students per grade in the Cupertino Union School District by
four (the number of high school grades) to identify the number of students the project could
generate from Cupertino in the Fremont Union High School District (79 students).
3. Prorate the number of students the project could generate from Cupertino in the Fremont
Union High School District to identify the number of students the project would generate
from Sunnyvale (based on the ratio of Cupertino -based students in the District to Sunnyvale -
based students in the District) (26 students).
Using this methodology, Schoolhouse Services estimated that the increase of employees that could
result from the project could generate approximately 105 high school students in the Fremont Union
High School District over approximately 15 years."
In coordination with the Santa Clara Unified School District, LSA and the City estimated project -
related student generation in the Santa Clara Unified School District using the following steps,
supplemented with empirical student generation information provided by SCI Consulting Group89:
Estimate the number of Apple employees that could move to the District based on the
demographic information in Section VC, Population, Employment, and Housing. Based on
this information, approximately 750 Apple employees could move to the District (including
approximately 561 employees in Santa Clara, 157 employees in the Sunnyvale portion of the
District and 31 employees in the small San Jose portion of the District; numbers were
rounded to the nearest 1).
87 The report describes a scenario whose purpose is not to make a precise forecast but to illustrate the relationship
between Apple employment and the school districts, and should be regarded as an order -of -magnitude estimate. Student
generation rates for new housing and change in occupancy in existing housing were assumed.
88 The report describes a scenario whose purpose is not to make a precise forecast but to illustrate the relationship
between Apple employment and the school districts, and should be regarded as an order -of -magnitude estimate. Student
generation rates for new housing and change in occupancy in existing housing were assumed.
89 SCI Consulting Group, 2013. Personal communication with LSA Associates, Inc. April 16.
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2. Adjust the number of Apple employees that could move to the District to account for the
likelihood that some new Apple employees could share the same household. Assuming
approximately 12 percent of Apple employees could share households, new Apple employees
moving to the District could establish approximately 660 households.
3. Assume that 15 percent of the households (99) could relocate to new residential units and 85
percent of the households (561) could buy or rent existing residential units.
4. Apply a blended student generate rate of 0.25 to the households that could relocate to new
residential units and a net student generation rate of 0.12 to the households that could buy or
rent existing residential units.
Using this methodology, LSA and the City estimated that the increase of employees that could result
from the project could generate approximately 92 elementary, middle, and high school students in the
Santa Clara Unified School District over approximately 15 years.
As previously described, Cupertino Union School District and Fremont Union High School District
schools, and high schools in the Santa Clara Unified School District are already operating over
capacity. However, the school impact analyses indicate that the increase in enrollment would occur
over approximately 15 years, giving the districts time to adapt. Due to a scarcity of new school sites
and funding, all three school districts do not consider it feasible to build new elementary, middle, and
high schools. Therefore, increased enrollment would be accommodated by the construction of new
classroom wings or portable classrooms at the existing school sites, and improvements in support
facilities that would allow school campuses to function with significantly larger enrollments. The
Santa Clara Unified School District also noted that the District could open closed school sites if
necessary.90 As previously described, a $220 million school repair bond measure for the Cupertino
Union School District was approved by voters in June 2012 and would be used to repair and upgrade
school facilities, upgrade science and educational technology, and provide additional classrooms. The
Fremont Union High School District has a master plan for the implementation of new classrooms and
science labs, new and remodeled student service facilities, and infrastructure upgrades throughout the
district. The Santa Clara Unified School District voters approved three capital improvement bond
measures (totaling approximately $541 million) in 1997, 2004, and 2010, to upgrade existing school
facilities.
New development projects in Cupertino are subject to statutory fees established by the State. These
fees are used for the construction of new school facilities, which would be built to accommodate
increased student enrollment resulting from new development. The school districts are responsible for
implementing the specific methods of mitigating school impacts under the Government Code. The
school impact fees and the school districts' methods of implementing measures specified by Govern-
ment Code 65996 would offset increased student enrollment. Specifically, the proposed project would
be subject to Level 1 development impact fees, where the maximum fees for commercial/industrial
development are $0.31 and $0.20 per square foot for the Cupertino Union School District and the
Fremont Union High School District, respectively.91 The Cupertino Union School District and the
90 Plough, Bobbie, 2011, op. cit.
91 According to Schoolhouse Services, the fee expected to be levied on the project by the CUSD would be approxi-
mately $102,000 (330,200 square feet of total occupied space within the CUSD boundaries x $0.31 per square foot) for
CUSD and $66,000 for the FUHSD (330,200 square feet of total occupied space within the FUHSD boundaries x $0.20).
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Fremont Union High School District have an agreement as to how fee revenues must be shared, under
which the Cupertino Union School District would be allowed to collect up to 60 percent of the
maximum fee amount, and the Fremont Union High School District would be allowed to collect 40
percent of the maximum amount.92 The proposed project would also be subject to Santa Clara Unified
School District's development impact fee of $0.47 per square foot for commercial development.9s
Payment of school facility mitigation fees has been deemed by the State legislature (per Government
Code Section 65995(h)) to constitute full and complete mitigation of impacts of a development
project on the provision of adequate school facilities, even though, as a practical matter, additional
funding, usually from Statewide or local bond measures, is needed to expand school capacity. Once
funded, the school districts are responsible for identifying the location of new school facilities and
undertaking acquisition, design, and construction of the facilities.
Given the limited growth opportunities and the built -out nature of Cupertino, if new school facilities
were to be required as a result of the project, they would likely be developed on existing school sites
or within other urbanized locations, and would not be expected to result in significant immitigable
secondary environmental impacts. In addition, specific school facility projects that may be required in
the future would be subject to environmental review on a project -by -project basis. Therefore, through
the payment of associated development fees and compliance with applicable State and local regula-
tions, implementation of the proposed project would have a less -than -significant impact on school
facilities.
Impacts on school transportation services due to the proposed closure of a segment of Pruneridge
Avenue within the project site are discussed generally in Section V.I, Transportation and Circulation.
(3) Parks, Open Space, and Recreation Facilities. New Cupertino residents indirectly
generated by the proposed project could increase the demand for existing neighborhood and regional
open space, and recreational facilities (increased demand could also occur in other nearby cities
where Apple employees would live) to the extent that new housing to serve Apple employees is
constructed. All new residential development would be subject to development fees, which are
designed to offset impacts related to the increase in demand for park space and to assist the City in
meeting its park standard .94 As previously described, the City of Cupertino uses a standard of 3 acres
per 1,000 residents as a threshold to measure how well its citizens are provided with access to open
space and recreational facilities. With a 2011 population of 58,302, it is estimated that the City
currently does not meet this standard, and provides 2.8 acres of open space per 1,000 residents.
The proposed project would increase the amount of open space within the project site and provide a
fitness center for Apple employees. Approximately 102 acres of landscaped area within the site
(compared to 43 acres of open space under existing conditions) would be provided for employees. In
92 Schoolhouse Services, 2012a, op. cit.
93 Plough, Bobbie, 2011, op. cit. Based on the $0.47 development impact fee for commercial development, the fee
expected to be levied on the project by the SCUSD would be approximately $1,325,400 (2,820,000 square feet of total
occupied space within the SCUSD boundaries x $0.47 per square foot). The square footage of total occupied space within
SCUSD boundaries was identified by Schoolhouse Services.
94 Cupertino, City of, 2005. City of Cupertino General Plan 2000-2020. Land Ilse/Community Design, Open Space,
Parks and Trails. November. Page 2-54.
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addition, the proposed approximately 100,000 -square -foot Corporate Fitness Center could help to
partially meet the recreation demand of new Apple employees. Therefore, development of the project
is not expected to increase the use of existing neighborhood or regional parks such that there would
be substantial physical deterioration of existing facilities. Accordingly, the project would not create
significant environmental impacts on neighborhood or regional parks. The Corporate Fitness Center,
along with other project recreational facilities, would be constructed on already -developed land
currently occupied by a mix of surface parking lots and corporate campus buildings. Therefore, the
development of project -related recreational facilities would not result in significant secondary
environmental impacts, beyond those already identified in this EIR.
Please refer to Chapter IV, Planning Policy, for a discussion of how proposed changes to land use
designations and zoning on the project site could affect the City's future provision of parks and open
space.
(4) Water. Currently, the existing total estimated potable water usage on the project site is
398.4 afy. The proposed project would result in approximately 3,420,000 square feet of new office
and research and development uses on the project site and approximately 102 acres of landscaped
surfaces that would require irrigation. The proposed project would include water efficiency features,
including as part of indoor fixtures, irrigation lines, and cooling systems. Landscaping would
incorporate both young and mature trees, and native and drought tolerant plants that would minimize
water consumption. In addition, the proposed project would reduce potable water demand with the
use of alternative water supplies (including roof rainwater harvesting at the Main Building). Project
water demand would derive primarily from landscape irrigation, process water for mechanical cooling
systems, indoor water fixtures, and cooking and cleaning.
In addition, to further minimize the project's demand for potable water, Apple is exploring the
possibility of voluntarily participating in an effort to extend a recycled water line to the project site.
The recycled water would be used primarily for irrigation purposes; however Apple is designing into
the project the ability to use the recycled water for cooling towers and limited indoor uses, such as
flushing of toilets and equipment processes. As described in Chapter III, Project Description, the
likelihood of extending a recycled water line to the site is uncertain due to funding and other technical
and practical issues. Project specifics are also tentative, including the location and capacity of the
line. For these reasons, the water supply analysis does not include the recycled water line as part of
the project.
In the WSA, the following two scenarios were identified and evaluated for the proposed project's
water demand analysis:
Typical Commercial Development
Apple Campus 2 Design
The Typical Commercial Development scenario uses water demand rates and assumptions representa-
tive of a new project built in Silicon Valley. The Apple Campus 2 Design scenario takes into account
the design and operational features proposed as part of the project.
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Table V.M-7: WSA Potable & Non -Potable Water Demand Forecast for Proposed
Project (afy)
2012
2015
2020
2025
2030
Typical Commercial Development 0
691
722
722
722
Apple Campus 2 Desi n 0
493
520
520
520
Difference 0
198
202
202
202
afy = acre feet per year
Source: Yarne & Associates, Inc., SB 610 Water Supply Assessment, 2012.
As shown in Table V.M-7, estimated water demand in 2030 would be 722 afy under the Typical
Commercial Development scenario and 520 afy under the Apple Campus 2 Design scenario. The use
of alternative water supplies would have the potential to reduce the demand for potable and non -
potable water supplies by approximately 28 percent. If recycled water were to be used to meet
portions of the landscape irrigation, toilet flushing, and cooling tower process requirements, the esti-
mated potable water usage for the proposed project would be less than the current existing water
usage on the project site. The estimated potable water demand under the Typical Commercial
Development scenario would be 267 afy (131.4 afy less than existing potable water use) and the
estimated potable water demand under the Apple Campus 2 Design scenario would be 242 afy (156.4
afy less than existing potable water use). The net increase in potable water use would be 323.6 afy
under the Typical Commercial Development scenario and 121.6 afy under the Apple Campus 2
Design scenario.9s
To provide an analysis that does not under -estimate project -related water demand, the WSA is based
on the assumption that the Typical Commercial Development scenario would be the proposed project,
and that all water use would be potable. Table V.M-8 shows the combined forecast for the Los Altos
District and the proposed project. The change in District demand with the addition of the proposed
project's water demand can be accommodated by Cal Water and is not considered a significant
impact on water service.
Table V.M-8: Water Demand Projections for Cal Water and Typical Commercial
Development Scenario a
of = acre feet
Source: Yarne & Associates, 2012.
Additionally, a long-term reduction in potable water demand between 2005 and 2040 is anticipated
due to the implementation of Cal Water's conservation plan. The addition of water demand associated
with the proposed project (assuming no use of recycled water for non -potable water uses) would not
" Ibid.
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2005
2010
(Actual)
(Actual)
2015
2020
2025
2030
2035
2040
Cal Water
(Los Altos District)
14,758
11,648
14,091
12,755
12,980
13,209
13,440
13,676
Proposed Project
0
0
293
324
324
324
324
324
Total Demand
14,758
11,648
1 14,384
1 13,079
1 13,304
1 13,533
13,764
1 14,000
of = acre feet
Source: Yarne & Associates, 2012.
Additionally, a long-term reduction in potable water demand between 2005 and 2040 is anticipated
due to the implementation of Cal Water's conservation plan. The addition of water demand associated
with the proposed project (assuming no use of recycled water for non -potable water uses) would not
" Ibid.
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preclude additional reductions in overall water demand over the next 20 years. Thus the increased
demand for potable water associated with the proposed project would be offset by the anticipated
reduction in demand for the entire Los Altos District. Cal Water would not have to increase its water
supply to provide potable water service to the project site if it achieves its water conservation
objectives (which is expected), and would experience an even lower demand if the use of recycled
water is implemented as part of the proposed project.
The WSA concludes that the District would have adequate water supplies to meet projected demand
associated with the proposed project (Phases 1 and 2) through the year 2035, taking into account all
existing and anticipated future customers for normal, single dry year, and multiple dry year condi-
tions .96 Therefore, impacts related to water supply would be less than significant.
As described in Chapter III, Project Description, the existing water line along East Homestead Road
(between North Wolfe Road and North Tantau Avenue) would be upsized as part of the project
(recycled water lines may also be installed to serve the site). Because construction activities associ-
ated with this water facility (and others that could provide recycled water) would be located within
construction areas already subject to widespread ground disturbance on the project site, the removal,
installation, and replacement of the existing water line would not cause significant environmental
effects that have not already been identified in this EIR. Therefore, this impact would be considered
less than significant.
Apple is currently discussing the construction of a potential recycled water line to serve the project
site. At this point, the likelihood of extending a recycled water line to the site is speculative due to
funding and other technical and practical issues. Project specifics are also tentative, including the
location and capacity of the line, although the City of Sunnyvale has indicated North Wolfe Road in
the vicinity of the project site as a potential expansion area for recycled water infrastructure and
circulated a draft Mitigated Negative Declaration for this infrastructure project from October 19, 2012
to November 7, 2012.97
As described in the draft Mitigated Negative Declaration, this route for recycled water infrastructure
would extend the recycled water line from the existing City of Sunnyvale Water Pollution Control
Plant along Wolfe Road, terminating at the project site at North Wolfe Road and East Homestead
Road (see Figure III -23). This route would utilize upgrades to the system that Sunnyvale is currently
and independently initiating and would require approximately 13,500 feet of pipeline to serve the
project. It should be noted that while the Apple Campus 2 Project may benefit from the extension of a
recycled water line, any such line would be an independent utility improvement and its implementa-
tion would not depend on the project, and is not required for the project.
It is anticipated that the recycled water line would be constructed in public rights-of-way to the
maximum extent practical. Construction may require roadway lane closures, trenching in rights-of-
way, utility relocations, installation of the recycled water pipe, and the necessary supporting infra-
structure (e.g., pumps, valves, and controls). The estimated timeline for construction is approximately
5 months. Prior to approval, the specifics of the recycled water line would be evaluated based on a
96 Ibid.
97 Sunnyvale, City of, 2008. 2010 Urban Water Management Plan. December 16; CH2M Hill for the City of
Sunnyvale, 2012. Draft Mitigated Negative Declaration/Initial Study for Wolfe Road Recycled Water Project. October 19.
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variety of factors, including, but not limited to, constructability, impact on the public, adequate water
pressure, cost, water quality, and other considerations. The City of Sunnyvale has lead agency
authority over approval of this potential recycled water line, although approvals may be required from
other jurisdictions.
Development of the North Wolfe Road extension described above, or other conceivable future
recycled water line infrastructure in the area, is not expected to result in significant unavoidable
environmental effects. The public rights -of way, where the recycled water pipeline would be
installed, are on urbanized and developed land that does not generally support sensitive natural
habitats, wetlands, wildlife movement corridors, and protected archaeological resources. In addition,
because recycled water is not considered a new source of water supply and the proposed uses for the
recycled water line would be limited and not intended for widespread distribution, the recycled water
line would not require new and expanded water entitlements. If recycled water lines are installed in
the vicinity of the project site as part of an area -wide project, it is anticipated that a specific project -
level environmental review would be conducted prior to approval by the appropriate lead agency. At
a program level of analysis, the installation of a recycled water pipeline would not be expected to
result in significant unavoidable environmental impacts for which mitigation would be infeasible. In
general, pipeline impacts would be reduced through the implementation of standard construction -
period conditions of approval that would be required by the affected jurisdictions (e.g., conditions that
restrict construction -period dust, noise, traffic, equipment emissions, and water use). The draft,
project -level Mitigated Negative Declaration prepared by the City of Sunnyvale for the North Wolfe
Road extension (but not yet adopted at the time of preparation of this EIR) finds that all impacts could
be mitigated to a less -than -significant level.
(5) Wastewater. As previously described, the District's current estimated wastewater flow to
the SJ/SC WPCP is 5.13 mgd, and represents approximately 65 percent of the District's current flow
allocation to the SJ/SC WPCP. The District's current flow allocation represents approximately 3.1
percent of the plant's total capacity. The proposed project would generate approximately 615,600
gallons of wastewater per day (not subtracting wastewater generated by existing uses), increasing the
City's daily flow to approximately 5.7 mgd (72.4 percent of the District's allocation to SJ/SC WPCP,
and representing 0.37 percent of SJ/SC WPCP's total capacity).98 No data is available for existing
wastewater generation on the project site. However, taking into account standard wastewater genera-
tion rates for existing and proposed uses, the project would be expected to result in a net increase in
wastewater generation of 137,340 gallons of wastewater per day. Because the proposed project would
not cause the City to exceed its allocated SJ/SC WPCP capacity, it would result in a less -than -
significant impact on wastewater treatment and disposal, and would not exceed the wastewater
treatment requirements of the San Francisco Bay Regional Water Quality Board.
Due to the proposed closure of Pruneridge Avenue, the removal and possible relocation of the 27 -inch
sewer trunk main along the road would be required. In addition, a new sanitary sewer line would be
required to service The Hamptons apartments. As described in Chapter III, Project Description, the
existing sanitary sewer lines along North Wolfe Road (between Pruneridge Avenue and East Home-
stead Road) and along East Homestead Road (between North Wolfe Road and North Tantau Avenue)
would be upgraded. However, because the construction activities associated with these wastewater
98 Assumes a wastewater rate of 0.18 gallons per day per every square foot of research and development uses, as
provided by the Cupertino Sanitary District.
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facilities would be located within construction areas already subject to widespread ground disturbance
on the project site, the removal, installation, and replacement of the existing sewer mains, would not
cause significant environmental effects that have not already been identified in this EIR. Therefore,
this impact would be considered less than significant.
(6) Solid Waste. The proposed project would be served by the Newby Island Landfill, which
has the capacity to handle solid waste generated by the demolition and operational phases of the
proposed project. Demolition wastes from existing structures, paved asphalt areas, and utilities would
be collected and hauled to the landfill for diversion and recycling.
As required by AB 939, a minimum of 50 percent of the City's solid waste must be diverted from
landfills. Per the City's Construction and Demolition Debris Diversion Ordinance, the construction
contractor would be required to salvage or recycle at least 60 percent of the debris from construction
to meet City requirements. According to the project sponsor, demolition activities on the site would
generate approximately of 390,900 cubic yards of debris waste, approximately 74 percent of which
would be from existing buildings and the remaining 26 percent of which would be from parking
areas.
As part of the project, a minimum of 75 percent (293,175 cubic yards) of construction and demolition
waste would be diverted from landfills. Waste would be diverted through recycling, re -use at the
project site, or re -use at off-site locations. The waste diversion plan prepared by Apple would
identify, source, and re-use/recycle materials by category. Concrete, steel, and wood would be sorted
separately for re -use and recycling. Drywall, carpet and other finish materials would be evaluated for
appropriate diversion streams. Delivery packaging and crating would be planned for intended reuse
and diversion, and integrated into the project -wide waste diversion program. Apple indicates a target
waste diversion rate of at least 80 percent (332,265 cubic yards) once individual waste streams are
identified and sourced. The remaining debris (between 97,725 and 58,635 cubic yards) would be
taken to Newby Island Landfill. Solid waste generated by the demolition and construction phases of
the proposed project would therefore not substantially shorten the life of the landfill and would result
in a less -than -significant impact on landfill capacity.
The proposed project would also generate solid waste during the operational phase. CalRecycle's
Solid Waste Characterization Database indicates that the average employee generates 1.2 tons of solid
waste per year.99 The 9,356 new employees resulting from the proposed project would generate up to
approximately 11,227 additional tons of solid waste per year (or approximately 30.8 tons of solid
waste per day). This represents approximately 0.77 percent of the total daily permitted throughput for
the Newby Island Sanitary Landfill. The landfill has a remaining capacity of 18,274,953 cubic yards.
Since the project would represent 0.77 percent of the daily permitted throughput, the amount of solid
waste generated by operation of the proposed project would not exceed the capacity of the landfill or
substantially shorten the life of the landfill.
99 California Department of Resources Recycling and Recovery, 2011. Solid Waste Characterization Database: Waste
Disposal Rates for Business Types. Website: www.calrecycle.ca.gov/wastechar/DispRate.htm (accessed November 7).
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The waste generated by project employees would also be reduced through continued implementation
Apple's comprehensive recycling and waste management program. Apple would seek to divert a
minimum of 80 percent of its waste from landfills by 2015.'00
The proposed project would therefore not violate applicable federal, State, and local statutes and
regulations related to solid waste. In addition, recycling services would be provided to the project site,
and these services would contribute to a reduction in solid waste generated by the proposed project.
(7) Energy and Telecommunications. Development of the proposed project would occur in
a location that currently has electricity, gas, telephone, cable, and internet services. It is anticipated
that electricity, gas, and telecommunications lines would need to be installed or relocated along North
Wolfe Road, East Homestead Road, North Tantau Avenue, and Pruneridge Avenue. The installation
or relocation of electricity, gas, and telecommunications lines would occur within areas already
subject to widespread ground disturbance on the project site as part of the project and would not cause
significant environmental effects related to construction activities that have not already been
identified in this EIR.
Based on the current energy model (which includes Phase 1 and Phase 2 development), it is expected
that the annual energy consumption of the project would vary depending on Apple's needs, but the
expected future maximum power consumption when the project reaches peak demand would be
nearly 142,000,000 kilowatt hours (kWh). This estimated power consumption represents maximum
project demand and it is expected that normal operations would require less energy. Of this energy
demand, approximately 15,000,000 kWh (approximately 11 percent) would derive from photovoltaics
installed on the project site; approximately 71,000,000 kWh (approximately 50 percent) would derive
from the fuel cells; and approximately 56,000,000 kWh (39 percent) would derive from "direct
access" sources (i.e., renewable energy sources from third -party providers), followed by, if needed,
market purchase of renewable energy credits from new sources that are Green e -certified.
Electricity and natural gas supplies that would serve the proposed project are expected to be adequate.
The proposed project includes sustainability features, which are designed to reduce the energy
demand of the proposed buildings and uses. Sustainable strategies that would reduce energy demand
include on-site photovoltaic systems and building designs that would allow for passive heating and
cooling. Refer to Chapter III, Project Description, for a discussion of green building measures
proposed as part of project design. In addition, per City requirements, the City would review project
development plans prior to project approval to ensure that California Code of Regulations Title 24
energy conservation and efficiency standards are met and incorporated into project design. Therefore,
the proposed project would have a less -than -significant impact on electricity, gas, telecommunica-
tions, cable, and internet services.
C. Significant Impacts. The proposed project would result in the following significant impacts to
public services and utilities.
(1) Fire Protection. As described above, the SCCFD's average response time goal is less
than 7 minutes 90 percent of the time, and in 2010 the SCCFD's response time was less than 7
minutes 88.7 percent of the time. Under current conditions, the response time to the project site would
100 Apple, Inc., 2012. Waste Diversion Programs in Cupertino. April.
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be approximately 6 minutes from Cupertino Station. The main route of travel would be via Stevens
Creek Boulevard to either North Wolfe Road or North Tantau Avenue, depending on the location of
the emergency on the site. An alternative route would be via Homestead Road from North De Anza
Boulevard or North Blaney Avenue to the project site entrance.' 01
Development of the proposed project may reduce the ability of SCCFD to meet existing performance
standards if access to the proposed buildings on the project site is limited due to physical security
features such as barriers, gates, and secure doors. However, access control devices would be subject
to approval by a Fire Code official, and all electrically -powered access control devices would be
required to provide an approved means for deactivation or unlocking from a single location or other-
wise approved by the SCCFD. 102 For a more detailed discussion on emergency access, please refer to
Section V.I, Transportation and Circulation.
According to the SCCFD, access to exterior perimeter and the interior courtyard areas of the proposed
Main Building may also present access issues for a large fire apparatus.103 The SCCFD indicated that
onsite fire and EMS response vehicles would be needed in the Main Building area to facilitate
moving firefighters and equipment to and from the building's main entrance or loading dock if an
emergency event occurred. The project applicant would be responsible for funding the specialized
equipment since it would be specific to the project Site. 104 The provision of such specialized equip-
ment would not result in significant environmental impacts.
The proposed project would be required to meet all SCCFD, local and State Fire Code requirements
for sprinkler systems, alarms, fire flow, access, and fire hydrant spacing. Site specific design plans are
required by the Fire Code. The SCCFD would perform final inspection of required fire protection
facilities and access ways for the proposed project prior to the issuance of building permits.10'
Impact PSU-1: The proposed project could adversely affect the ability of the SCCFD to meet
response time objectives. (S)
The SCCFD indicated that an increase in service demand would require additional personnel and
equipment to serve the project site. If increases in service demand are of sufficient magnitude, they
could significantly affect the reliability of the SCCFD's current resources and performance
standard. 106 As discussed above, the SCCFD meets its average response time goal of less than 7
minutes 88.7 percent of the time. Additional traffic on City streets generated by the project, as
discussed in Section V.I, Transportation and Circulation, would contribute towards the SCCFD's
inability to meet its response time objective. 107
101 Jarvis, Don, 2011. Deputy Chief, Santa Clara County Fire Department. Personal communications with LSA
Associates, Inc. November 4.
102 Cupertino, City of, 2011. Municipal Code, Chapter 16.40.130 Fire Code, Access to buildings and roofs.
103 Jarvis, Don, 2011, November 4, op. cit.
104 Ibid.
los Cupertino, City of, 2011. Municipal Code, Chapter 16.40 Fire Code.
106 Jarvis, Don, 2011. Deputy Chief, Santa Clara County Fire Department. Personal communications with LSA
Associates, Inc. November 18.
107 Jarvis, Don, 2011, op. cit.
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Implementation of the following mitigation measure, which would require an emergency vehicle
signal preemption system to be installed at key intersections throughout the City, would reduce this
impact to a less -than -significant level, as it would allow the SCCFD to reach the site within the 7 -
minute response time goal.
Mitigation Measure PSU-1: The project sponsor shall implement signal preemption signals at
the following intersections (identified by the City and SCCFD as the ones most likely to be
used by emergency vehicles accessing the project site).108 The signal preemption signals would
allow emergency vehicles to pass through approximately 30 seconds before arrival.
• North Blaney Avenue and East Homestead Road
• North Tantau Avenue and East Homestead Road
• North Tantau Avenue and Pruneridge Avenue
• North Tantau Avenue and Vallco Parkway
• North Tantau Avenue and Project Entrance
• North Wolfe Road and Pruneridge Avenue
• North Wolfe Road and Project Entrance
• North Wolfe Road and East Homestead Road
• North Wolfe Road and I-280 (two interchanges)
• North Wolfe Road and Vallco Parkway
• Stevens Creek Boulevard and Perimeter Road
• Stevens Creek Boulevard and Finch Avenue
• Stevens Creek Boulevard and Tantau Avenue
• Heron Avenue and East Homestead Road (LTS)
(2) Parks, Open Space, and Recreation Facilities. As discussed in Chapter III, Project
Description and Chapter IV, Planning Policy, an approximately 1.1 -acre portion of the project site
located south of Pruneridge Avenue and east of The Hamptons is designated Parks and Open Space.
The Parks and Open Space land use designation "is applied to land owned by the public and used for
recreation. It is also applied to private open space and recreational lands." In addition, the corridor
around Calabazas Creek within the project site is designated Riparian Corridor, which is "applied to
creek corridors if they are not part of a larger park or residential property."
The development of private open space on the project site would not result in site-specific environ-
mental effects other than those identified in the topical sections of this EIR. However, the removal of
the Parks and Open Space designation (and Community Park identified on General Plan Figure 2-K)
on the 1.1 -acre portion of the project site and the loss of a planned Calabazas Creek segment would
be considered a significant impact to park and recreation facilities.
los Mosley, Chad, 2012. City of Cupertino Public Works Department. Personal communication with LSA
Associates, Inc. June 27.
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Impact PSU-2: The proposed project would contribute to a shortage of park facilities for City
residents and would preclude the development of an open space trail through the project site.
(S)
As discussed in more detail in Chapter IV, Planning Policy, the proposed re -designation of the
portion of the site designated Parks and Open Space would preclude the development of a new
Community Park on this particular site, which is within an underserved area of the City (see General
Plan Policy 2-83), and would reduce the acreage of land designated for future public parks in the City
by 1.1 acres. 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 — a project that was never
implemented — the designation is now part of Cupertino's overall supply of future park space (i.e., a
supply that could 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.
Since none of the private open space or recreational facilities proposed as part of the project would be
accessible to the public (although the project would include perimeter landscaping and public right-
of-way improvements that would be used by the public), the City considers the removal of the 1.1 -
acre Parks and Open Space designation from the project site and preclusion of the construction of a
public park to be a significant impact.
In addition, the proposed project would not fully implement the proposed trail segment along
Calabazas Creek shown in General Plan Figure 2-I (although an alternate trail would be established
along North Tantau Avenue, as described below). Strategies 2 and 3 of Policy 2-73 in the Land
Use/Community Design Element are excerpted below:
Strategy 2. Trail Projects. Implement the trail projects described in this element. Evaluate any safety,
security and privacy impacts and mitigations associated with trail development. Work with affected
neighborhoods in locating trails.
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.
Because access to the interior of the site would be restricted (the site would be surrounded by a
security fence), development of the project would preclude the future development of a trail along
Calabazas Creek in this location. Therefore, the project would preclude the construction of a
contiguous trail along the Calabazas Creek riparian corridor, which has the potential to serve as a
recreational amenity in the City.
However, Strategy 2 requires the City to also evaluate safety, privacy and security impacts and miti-
gations 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. In addition, the riparian corridor within the project site currently
terminates at a culvert under I-280. Thus, connecting a trail along the creek within the project site to
the corridor south of I-280 would be difficult, require a potentially costly engineering solution (or
seasonal creek crossing), and would require collaboration with the California Department of Trans-
portation (Caltrans), which has jurisdiction over I-280. In addition, developing the creek trail within
the site would compromise the project applicant's key security objective by permitting the public to
traverse the site.
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In lieu of developing a trail segment adjacent to Calabazas Creek within the project site, Apple has
proposed street enhancements along North Tantau Avenue and Vallco Parkway and 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. These improve-
ments, would supplement Class II bike paths and sidewalks along all streets surrounding the project
site (and Vallco Parkway, to the south of the project site). While these improvements would assist in
mitigating impacts to bicycle and pedestrian use associated with development of the project (see
Section V.I, Transportation and Circulation for a discussion of potential pedestrian and bike facility
impacts), the City considers the absence of a public trail through the site along Calabazas Creek to be a
significant impact in the context of General Plan policies that promote the development of a trail
segment along the creek (and the potential function of this trail as a recreation and commuting
amenity). For further discussion of this impact (Impact PLAN -2), see Chapter IV, Planning Policy.
Implementation of Mitigation Measure PSU-2 (which would require the project sponsor to re-
designate an equivalent site to Parks and Open Space uses and/or fund the acquisition of an off-site
park facility, and develop an alternate creek trail and other pedestrian improvements) would promote
Strategies 2 and 3 of Policy 2-73 of the Land Use and Community Design Element of the General
Plan. This mitigation measure would reduce the impact related to the loss of the Community Park to a
less -than -significant level, but the impact related to the loss of the future Calabazas Creek trail
segment would remain significant and unavoidable.
Mitigation Measure PSU-2: Implement Mitigation Measures PLAN -1 and PLAN -3. (SU)
d. Cumulative Impacts. The proposed project and past, present, and reasonably foreseeable
future development projects would increase the demand for police, fire, school, and recreation
services. New facilities required to maintain adequate service levels would be funded through the
City's general fund and school developer fees. In addition, small increases in ongoing yearly property
tax revenues would be available to fund a portion of ongoing services. Service providers regularly
review growth trends and conduct long-range planning to provide adequate public services for future
growth. Therefore, cumulative impacts to these public services are expected to be less than
significant.
Cumulative impacts associated with police and fire protection services that would occur under the
proposed project and cumulative projects would occur within and outside the Santa Clara County
Sheriff's Office West Valley Patrol Division and the SCCFD service areas. For example, police and
fire protection services for neighboring cities such as Sunnyvale, Santa Clara, and San Jose are pro-
vided by each respective city's police and fire protection departments. Expected increases in demand
for police and fire services would not make a considerable contribution to increased demand for these
public services on a regional level. Additional staffing for police and fire protection services would
not result in physical environmental effects; therefore no significant cumulative effects to these
services are anticipated that would result in adverse physical impacts associated with the maintenance
of service standards.
For school services, the geographic setting for cumulative impacts includes the Cupertino Union
School District, Fremont Union High School District, and the Santa Clara Unified School District
service areas, which include the communities of Saratoga, Cupertino, San Jose, Santa Clara, Los
Altos, and Sunnyvale. As expected residential and non-residential growth occurs within the three
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school service areas, increased demand would be placed on the school districts' services and
facilities. The cumulative demand within all three school districts is expected to increase as a result of
implementation of the proposed project and other foreseeable projects and could result in a potentially
significant cumulative impact on schools. However, as previously described, any development carried
out that may affect service levels within the three school districts would be required to contribute
school facility fees in conformance with State law and District requirements. School impact fees are
deemed by statute to constitute full mitigation to reduce the impact of development projects on school
facilities. Therefore, cumulative impacts of development on school district facilities would be less
than significant. In addition, significantly increased ongoing yearly property tax revenues would be
available to fund ongoing services for the school districts.
Utilities services are generally provided or delivered on a local level, but often originate from sources
outside of the City and/or as a part of a regional distribution system. Development associated with the
proposed project and other foreseeable projects would contribute to regional impacts associated with
water demand.
As previously described, the WSA concludes that the Los Altos District would have adequate water
supplies to meet projected demand associated with the proposed project (Phases 1 and 2) through the
year 2035, taking into account all existing and anticipated future customers for normal, single dry
year, and multiple dry year conditions.109 Therefore, impacts related to water supply would be less
than significant. Since development of the proposed project would not result in significant impacts to
the existing and future water supply, the proposed project would not make a considerable contribution
to cumulative adverse water supply impacts.
The proposed project and past, present, and reasonably foreseeable future development projects
would also increase demand for wastewater services and other utilities in Cupertino. Since develop-
ment of the proposed project would not result in significant impacts to existing wastewater and other
infrastructure, the proposed project would not make a considerable contribution to cumulative utility
impacts.
109 Yame & Associates, Inc., 2012, op. cit.
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