CC Resolution No. 14-210 Environmental Impact Report, EA-2013-03 RESOLUTION N0. 14-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CERTIFYING AN ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN
AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING PROJECT;
AND ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS,
MITIGATION MEASURES, AND A MITIGATION MONITORING AND REPORTING
PROGRAM
SECTION I: PROTECT DESCRIPTION
Application No: EA-2013-03
Applicant: City of Cupertino
Location: Citywide
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS pursuant to City Council direction to initiate a project to replenish, reallocate and
increase citywide development allocations in order to plan for anticipated future development
activity while keeping with the community's character, goals, and objectives, and to consolidate
development requests by several property owners for amendments to the General Plan, both
under a comprehensive community vision, and
WHEREAS, pursuant to State Housing Law, the City Council has directed staff to update the
Housing Element of the General Plan and make associated zoning amendments to comply with
State Law; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental
Quality Act of 1970 (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA
Guidelines (Title 14, Sections 15000 et seq. of the California Code of Regulations) ("CEQA
Guidelines"), the City of Cupertino as lead agency caused the General Plan Amendment,
Housing Element Update and Associated Rezoning Final Environmental Impact Report
(SCH#20140322007) ("EIR") to be prepared; and
WHEREAS, on March 5, 2014, the City issued Notice of Preparation for the EIR for the Project.
A scoping session was held on March 11, 2014 to provide the public the opportunity to
comment on the topics to be studied in the Draft Environmental Impact Report ("Draft EIR").
Public comments were collected through the scoping period's conclusion on Apri17, 2014; and
WHEREAS, from April 8, 2014 to June 17, 2014, the City prepared a Draft EIR pursuant to the
requirements of CEQA and the CEQA Guidelines; and
WHEREAS, the Draft EIR was released for a 45-day public review/comment period beginning
on June 18, 2014 and ending August 1, 2014; and
WHEREAS, the Notice of Completion of the Draft EIR was sent to the State Clearinghouse in
the Governor's Office of Planning and Research on June 18, 2014 under State Clearinghouse No.
2014032007, and the Notice of Availability was filed with the Santa Clara County Clerk-
Resolution No. 14-210
Page 2
Recorder on the same day and was also: (1) sent to other potentially affected agencies as
required by CEQA; (2) sent to adjacent property owners as required by CEQA; and (3) posted at
the Project site and at City Hall; and
WHEREAS, on June 24, 2014, the City held a duly noticed public meeting during the public
comment period on the Draft EIR to allow the public an additional opportunity to provide
input on the DEIR and received public testimony; and
WHEREAS, following the close of the public review and comment period on the Draft EIR,
responses to written comments concerning the adequacy of the DEIR received during the public
review and comment period have been prepared and compiled in the Response to Comments
Document, which includes revisions to the DEIR("RTC Document"); and
WHEREAS, the RTC Document was issued on August 28, 2014 and notice of availability was
sent to the Santa Clara County Clerk Recorder's Office, posted at City Hall and the Project site,
and sent to 101ocal libraries and interested persons registered through the project website; and
WHEREAS, copies of the RTC Document were sent to all public agencies that commented on
the Draft EIR; and
WHEREAS, the City received comments on the Draft EIR following the close of the public
review and comment period ("Late Comments") and, although pursuant to Public Resources
Code Section 21091(d)(1) and CEQA Guidelines Section 15088(a) written responses are not
required, responses to Late Comments have been provided with staff reports; and
WHEREAS, pursuant to Cupertino Municipal Code Section 2.86.100, the Housing Commission
is authorized to assist the Planning Commission and the City Council in developing housing
policies and strategies for implementation of general plan housing element goals; and
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Housing Element and
proposed amendments to the Cupertino Municipal Code pertaining to housing and affordable
housing, were presented to the Housing Commission at a public hearing on August 28, 2014;
and
WHEREAS, on August 28, 2014, the Housing Commission recommended that the City Council
authorize staff to forward the Draft Housing Element to the State Department of Housing and
Community Development (HCD) and use the High-Low prioritization of Potential Housing
Element Sites;
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Draft EIR, the RTC
Document, and all documents incorporated therein were presented to the Planning
Commission on September 9, 2014 at a Planning Commission Study Session; and
WHEREAS, on October 2, 2014, City Staff presented the Draft EIR and the RTC Document, and
all documents incorporated therein, to the Environmental Review Committee ("ERC") for
review and recommendation. After considering the documents, and Staff's presentation, the
ERC recommended that the City of Cupertino City Council approve the Project; and
Resolution No. 14-210
Page 3
WHEREAS, Supplemental Text Revisions to the General Plan Amendment, Housing Element
Update and Associated Rezoning, which is part of the Final EIR, identifies revisions which are
typographical corrections, insignificant modifications, amplifications and clarifications of the
Draft EIR and the RTC Document; and
WHEREAS, the "Final EIR" consisfing of the Draft EIR (published in June 2013), the RTC
Document(published in September 2013), and Supplemental Text Revisions (published October
8, 2014) and all documents incorporated therein was presented to the City Council on October 7,
2014 at a City Council Study Session; and
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Govemment Code, and the Planning Commission
held public hearings on October 14, 2014 and October 20, 2014 to consider the project; and
WHEREAS, on October 20, 2014, the Planning Commission recommended on a 4-0-1 (Takahashi
absent) vote that the City Council certify that the Final EIR has been completed in compliance
with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and
reflects the independent judgment and analysis of the City, adopt the Findings and Statement of
Overriding Considerations, and adopt the Mitigation Measures and adopt the Mitigation
Monitoring and Reporting Program, in substantially similar form to the Resolution presented
(Resolution no. 6760); adopt the General Plan Amendment (GPA-2013-01) (Resolution no. 6761);
authorize staff to forward the Draft Housing Element to the State Department of Housing and
Community Development for review and certification (GPA-2013-02); approve the prioritized
list of potential Housing Element sites in the event amendments are needed to the proposed
Housing Element sites upon HCD review (Resolution no. 6762); approve the Zoning Map
Amendments, Z-2013-03, in substantially similar form to the Resolution presented (Resolution
no. 6763); approve the Municipal Code Amendments to make changes to conform to the
General Plan and Housing Element and other clean up text edits (MCA-2014-01) (Resolution no.
6764); approve the Specific Plan Amendments, SPA-2014-01, in substantially similar form to the
Resolution presented (Resolution no. 6765); and
WHEREAS, on November 10,2014, public comment was heard from the community;
WHEREAS, on December 2, 2014, the City Council held a duly noticed public hearing that was
continued to December 3, 2014 and adjourned on December 4, 2014 on the EIR (EA-2013-03); as
well as the following concurrent Project applications: General Plan Amendment (GPA-2013-01),
Housing Element update (GPA-2013-02), Zoning Map Amendment (Z-2013-01), Municipal
Code Amendments (MCA-2014-01), Specific Plan Amendment(SPA-2014-01).
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony, staff reports, public
comments, and other evidence submitted in this matter,the City Council does:
1. Certify that the Final EIR for the Project has been completed in compliance with the
California Environmental Quality Act, Public Resources Code Section 21000 et seq., and
reflects the independent judgment and analysis of the City.
Resolution No. 14-210
Page 4
2. Adopt the Findings and Statement of Overriding Considerations for the Project, attached
hereto as "E�chibit EA-1," and incorporated herein by reference.
3. Adopt and incorporate into the Project all of the mitigation measures for the Project that
are within the responsibility and jurisdiction of the City that are identified in the Findings.
4. Adopt the Mitigation Monitoring and Reporting Program far the Project, attached hereto
as "Exhibit EA-2," and incorporated herein by reference.
PASSED AND ADOPTED at a meeting of the City Council of the City of Cupertino this 4th
day of December 2014,by the following vote:
Vote: Members of the City Council:
AYES: Sinks, Chang, Paul,Vaidhyanathan,Wong
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Rod Sinks
Grace Schmidt, City Clerk Rod Sinks,Mayor, City of Cupertino
EXHIBIT EA-1
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR
GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE,
AND ASSOCIATED REZONING
I. INTRODUCTION
The City of Cupertino(City), as lead agency under the California Environmental Quality
Act(CEQA), Public Resources Code Section 21000 et seq.,has prepared the Final
Environmental Impact Report for the General Plan Amendment, Housing Element Update,
And Associated Rezoning (the "Project") (State Clearinghouse No. 2014032007) (the "Final
EIR" or "EIR"). The Final EIR is a program-level EIR pursuant to Section 15168 of the State
CEQA Guidelines.' The Final EIR consists of Volumes I and II of the June 2014 Public
Review Draft Project Environmental Impact Report(the "Draft EIR"); the August 2013
Response to Comments Document; and the November 3, 2014 Supplemental Text Revisions
memorandum,z which contains typographical corrections, insignificant modifications,
amplifications and clarifications of the EIR.
In determining to approve the Project, as described in more detail in Section II,below, the
City makes and adopts the following findings of fact and statement of overriding
considerations, and adopts and makes conditions of project approval the mitigation
measures identified in the Final EIR, all based on substantial evidence in the whole record of
this proceeding(administrative record). Pursuant to Section 15090(a) of the State CEQA
Guidelines, the Final EIR was presented to the City Council, the City Council reviewed and
considered the information contained in the Final EIR prior to making the findings in
Sections II through XIII,below, and the City Council determined that the Final EIR reflects
the independent judgment of the City. The conclusions presented in these findings are
based on the Final EIR and other evidence in the administrative record.
II. PROJECT DESCRIPTION
As fully described in Chapter 3 of the Draft EIR, the Project involves all of the following: (1)
a focused General Plan Amendment consisting of revised city-wide development allocations
for office commercial, and hotel uses, as well as buildings heights and densities for Major
Mixed-Use Special Areas; (2) updating the General Plan Housing Element to accommodate
1 The State CEQA Guidelines are found at California Code of Regulations, Title 14,Section
15000 et seq.
2 PlaceWorks, Supplemental Text Revisions to the General Plan Amendment,Housing Element Update
and Associated Rezoning Project Final Environmental Impact Report(EIR) (November 3,2014)
("Supplemental Text Revisions Memo").
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the Regional Housing Needs Allocation(RHNA) for the 2014-2022 planning period to meet
the City's fair-share housing obligation of 1,064 units; (3) amending certain Zoning and
other portions of the City's Municipal Code contained in Titles 13, 18, and 19 to be
consistent with the Housing Element, and to implement policies in the General Plan; and (4)
conforming changes to the General Plan Land Use Map, Heart of the City Specific Plan,
Zoning Ordinance and Zoning Map for consistency and for revisions required by State law,
and reorganization for purposes of increasing clarity and ease of use.
The increased development allocations would be allowed in specific locations throughout
the City, which are categorized as follows and are described and depicted on figures in the
EIR:
• Special Areas (including City Gateways and Nodes along major
transportation corridors);
• Study Areas;
• Other Special Areas (including Neighborhoods and Non-Residential/Mixed-
Use Special Areas); and
• Housing Element Sites
The buildout of the potential future development in these identified locations is based on a
horizon year of 2040;therefore, the EIR analyzes growth occurring between 2014 and 2040.
The 2040 horizon year is generally consistent with other key planning documents, including
Plan Bay Area, which is the Bay Area's Regional Transportation Plan/Sustainable
Community Strategy to Senate Bi11375, the Sustainable Communities and Climate
Protection Act.
The EIR analyzed Land Use Alternative C as the "proposed Project" in the EIR3 and three
additional alternatives (the No Project Alternative, Land Use Alternative A, and Land Use
Alternative B), all at the same level of detail. The Approved Project consists of portions of
the proposed Project analyzed in the EIR that are the same as or reduced from the levels of
development that were analyzed in the EIR, as described below. Other portions of the
proposed Project may be considered separately by the City Council at a later date.
The Approved Project also involves revisions to the prioritization of the Housing Element
sites that were analyzed in the EIR, along with reassignment of housing units among some
of these Housing Element sites. The maximum height limits are either reduced or remain
the same as the maximum heights analyzed in the EIR. For all sites at which heights above
45 feet are allowed, the base height is set at 45 feet unless certain specified requirements are
3 Draft EIR,p.2-5 (Table 2-1, footnote a).
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met. Residential densities are either reduced or remain the same as the densities analyzed
in the EIR.
A. General Plan Amendment
Every city and county in California is required to prepare and to adopt a comprehensive,
long-term general plan for the physical development of the county or city and, in some
cases, land outside the city or county boundaries. Government Code�65300. The City's
current, 2000-2020 General Plan controls the area and density of commercial, office,hotel,
and residential uses built in the city through development allocations in terms of square feet
(commercial and office), rooms (hotel), and units (residential). The allocations are
geographically assigned in certain neighborhoods, commercial, and employment centers so
that private development fulfills both City goals and priorities and reduces adverse impacts
to the environment. The City allocates development potential on a project-by-project basis
to applicants for net new office and commercial square footage,hotel rooms, and/or
residential units. As a result of several recent approvals of projects, a large amount of the
current office, commercial and hotel development allocation has been granted, leaving an
inadequate pool to allocate to additional development in the city.
While the Project is not a complete revision of the City's 2000-2020 General Plan. The
current General Plan contains many goals, policies, standards, and programs that the City
and community would like to continue into the future. The Project instead focuses on
identifying and analyzing potential changes along the major transportation corridors in
Cupertino that have the greatest ability to evolve in the near future because the rest of the
city consists primarily of single-family residential neighborhoods.
The development allocations in the Approved Project are as follows:
• Office allocation: 2,000,000 square feet of office allocation is identified for the Vallco
Shopping District site contingent on timely approval of a specific plan for the Vallco
Shopping District). The remainder of the existing allocation is unchanged and is still
available for citywide use as provided for in the General Plan.4
• Residential allocation: 1,400 dwelling units of the existing residential allocation on
sites recommended for the 2014-2022 Housing Element Inventory, 389 of which are
identified for the Vallco Shopping District contingent on timely approval of a
specific plan for the Vallco Shopping District sites
4 See the description of Vallco Shopping District Specific Plan requirements in this section II.A.
5 The Alternative C proposed residential allocation analyzed in the EIR is 4,421 units(net
increase of 2,526 units from the 2000-2020 General Plan). See description of Vallco Shopping District
Specific Plan and Housing Element Scenarios A and B in section II.B,below.
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As shown above, development allocations are the same as or are reduced from Alternative
C.
As stated, these Approved Project allocations rely in part on timely preparation of a specific
plan for the Vallco Shopping District that meets the requirements of the General Plan. If a
Vallco Shopping District Specific Plan is not approved by May 31, 2018, then the City will
consider removing the 2,000,000 square feet of office allocation from the Vallco Shopping
District. In addition, as described in section II.B,below, the Council will further consider
redistributing the residential allocation of 389 units for the Vallco Shopping District
Housing Element site to other Housing Element sites and removing the Vallco site from the
Housing Element Inventory.
These changes in the General Plan Amendment and accompanying approvals, which are
within the maximum impacts of development analyzed in the EIR, do not create new or
substantially more severe significant effects on the environment for the reasons explained
below. However, like Alternative C, the Approved Project will continue to have significant
avoidable traffic, air quality and noise impacts even after incorporation of all feasible
mitigation measures.
B. Housing Element Update
The Approved Project includes a comprehensive update to the City's Housing Element(the
"2014-2022 Housing Element") in compliance with State law. The Housing Element's
policies and programs are intended to guide the City's housing efforts through the 2014 to
2022 Housing Element period. The 2014-2022 Housing Element keeps many of the existing
policies and strategies in the 2007-2014 Housing Element and revises them to conform to
changes in State law or based on a critical evaluation of the programs and policies. The
Housing Element assesses housing needs for all income groups and establishes a program
to meet these needs. The policies and strategies have also been reorganized to provide for
better readability and to eliminate redundancies.
State law requires each jurisdiction to address how it will satisfy the quantified objectives
for new residential units as represented by the Regional Housing Needs Allocation
(RHNA). The RHNA identifies Cupertino's housing needs by income levels. The City's
housing needs allocation for the period 2014 to 2022 is 1,064 new housing units. The
income levels are separated into four categories: very low, low, moderate and above
moderate, shown in Draft EIR Table 3-20. Draft EIR, p. 3-66. State law allows jurisdictions
to take credit for residential projects that have been approved,building permits issued
during the plan period in which the review is taking place, and second dwelling units (also
known as accessory dwelling units) that are anticipated to be constructed during the plan
period.
The City has issued entitlements and/or building permits for 30 units since January 1,2014.
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Additionally,because 32 second units (on single-family lots) were constructed in the 2007-
2014 plan period, it is anticipated that 32 second units will be constructed in the current
plan period as well. Therefore, the City can take credit for a total of 62 units (30 units
approved and 32 second units anticipated). As a result, the City is required to identify sites
for the construction of 1,064 minus 62 units, or 1,002 units.
To accommodate the current plaru�ing period's RHNA, the Available Land Inventory in the
Draft 2014-2022 Housing Element identified 19 potential housing sites, which are analyzed
in the EIR. Of the origina119 sites identified in the Draft EIR, 16 remain for consideration.b
If all 16 potential housing sites were developed, this would result in a net increase in
housing in Cupertino over the 1,895 units allowed in the 2005 General Plan of 461 units
new residential units between 2014 and 2040. Draft EIR, Table 3-12, pp. 3-68 to 3-70.
The Approved Project involves a list of five Priority Housing Sites (Scenario A) and an
alternate list of six Priority Housing Sites (Scenario B). Four of the sites are in both lists. If
the City has not approved a specific plan for the Vallco Shopping District site, which is
listed in Scenario A,by May 31, 2018, the City will consider actions to remove the Vallco
Shopping District site from the Housing Element Inventory and to add the Glenbrook
Apartments site and the Homestead Lanes site (Scenario B), and will consider
redistributing the 389 units that could have been developed on the Vallco site as follows:
35 additional units to the Oaks Shopping Center site, 150 additional units to'The Hamptons
site, 58 units to the Glenbrook Apartxnents site, and 132 units to the Homestead Lanes site.
These changes in the recommended Housing Element sites do not have the potential to
create any new or substantially more severe significant effects on the environment,because
all of the Housing Element sites were analyzed in the EIR at or above the number of units
shown for those sites in the Approved Project.
The means of achieving the development of these units are provided for in the policies and
programs described in the Housing Element. The City's quantified objectives are identified
in Table 3.4 of the Housing Element. The City is not obligated to construct the housing
units identified by the RHNA. Rather, the City is required to demonstrate adequate
capacity for at least 1,064 housulg units, of which 1,002 units are in addition to the 30 units
for which the City has issued building permits and 32 second units discussed above,by
identifying sufficient specific sites in order to satisfy the RHNA under existing zoning and
land use policy.
6 Of the 19 studied in the EIR, 16 sites are available for selection. That is because three property
owners notified the City that their sites should not be included in the Housing Sites Inventory(the
Homestead Road—Intrahealth/Office/Tennis Courts, Cypress Building Association/Hall Property,
and Arya/Scandinavian Design sites). In addition, a portion of the Shan Restaurant site was removed
from the Inventory at the request of one of the property owners, thereby decreasing the size of the
site.
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In addition to analyzing the 2014-2022 Housing Element for the specified planning period
along with the remainder of the residential allocation, the Final EIR analyzes the overall
environmental effects of increasing housing units on a citywide basis to address the amount
of residential growth projected for Cupertino in Plan Bay Area (the Bay Area Regiori s
Sustainability Communities Strategy and Regional Transportation Plan), which identifies
that the City of Cupertino's housing need by 2040 will be 4,421 units.
C. Conforming General Plan Amendments, Specific Plan Amendments,
Zoning Amendments, and Density Bonus Amendments
As part of the Housing Element update process, Chapter 19.56 (Density Bonus) in Title 19
(Zoning) of the City's Municipal Code will be amended to be consistent with the 2007-2014
Housing Element Program 12 (Density Bonus Program). Chapter 19.20 (Permitted,
Conditional and Excluded Uses in Agricultural and Residential Zones), Chapter 19.76
(Public Building(BA),Quasi-Public Building (BQ) and Transportation(T) Zones), and
Chapter 19.84(Permitted, Conditional And Excluded Uses In Open Space, Park And
Recreation And Private Recreation Zoning Districts), also in Title 19 (Zoning) of the City's
Municipal Code, will be amended to ensure conformance with SB 2 requirements pertaining
to permanent emergency shelters and to comply with the State Employee Housing Act with
respect to farmworker housing and employee housing. Chapter 19.172 will be added to
implement the City's Below Market Rate Program. Program 17 of the Housing Element,
which addresses the potential loss of multi-family housing and displacement of lower- and
moderate-income households due to new development, will be amended to comply with
recent legislation and to mitigate the potential displacement impacts to renters (e.g. tenant
relocation benefits), and other programs have been revised to better achieve the City's goals
relating to housing and affordable housing. Other clean-up amendments and conforming
changes have been made to the City's parkland dedication ordinance (Chapter 13.08),
Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter 19.80 (P zones), and
Chapter 19.144 (Development Agreements).
The Approved Project also includes revisions to the General Plan Land Use Map, the Heart
of the City Specific Plan, the Zoning Ordinance (including the Chapters listed above and
19.08 (Definitions) and 19.144 (Development Agreements), and the Zoning map to ensure
consistency with the General Plan as a result of changes to Housing Element policies or to
address changes required as a result of State legislation adopted since the last General Plan
update (such as Assembly Bi111358, Complete Streets), and as a result of bringing non-
conforming land uses into confarmance wifll the General Plan and Zoning Ordinance.
D. Project Objectives
The project objectives are as follows:
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• Emphasize employment and a mix of economic development opportunities by
replenishing, reallocating, and increasing city-wide office, commercial, and hotel,
allocations in order to capture:
• A share of the regional demand for office and hotel development, and
• Retail sales tax leakage in the trade area.
• Address local needs and regional requirements for new housing, including
affordable housing, in Cupertino by replenishing, re-allocating and increasing city-
wide residential allocations to be consistent with 2040 Bay Area Plan projections to
allow flexibility for the city when future state-mandated updates are required to the
Housing Element.
• Update the Housing Element as required by State law.
• Creating opportunities for mixed-use development consistent with Regional
Sustainable Communities Strategies for greenhouse gas emissions reductions as
required by SB 375.
• Investing in improvement to adapt to climate change over time.
• Consider increased heights in key nodes and gateways, if proposed development
provides retail development and benefits directly to the community.
• Update General Plan policies to implement multi-modal traffic standards as opposed
to LOS thresholds currently identified. Balancing development objectives with
transportation constraints and opportunities.
• Revitalize the Vallco Shopping District by adopting policies to support its
redevelopment, so it becomes a cohesive, vibrant shopping and entertainment
destination that serves both the region and the local community.
III. ENVIRONMENTAL REVIEW PROCESS
A. Environmental Impact Report
On March 5, 2014, the City circulated a Notice of Preparation(NOP) of the Draft EIR to the
Office of Planning and Research(OPR) State Clearinghouse and interested agencies and
persons. A postcard notice had previously been delivered in February 2014 to all postal
addresses in the City to announce upcoming dates for the General Plan and Housing
Element projects. The NOP was circulated for comment by responsible and trustee agencies
and interested parties for a total of 30 days, from March 5, 2014 through Apri17, 2014,
during which time the City held a public scoping meeting on March 11, 2014. Comments on
the NOP were received by the City and considered during preparation of the Draft EIR.
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The Draft EIR was made available for review by the public and interested parties, agencies,
and organizations for a 45-day comment period starting on June 18, 2014 and ending
August 1, 2014. 'I'he Draft EIR was distributed to local, regional and State agencies. Copies
of the Draft EIR in paper or electronic format were available to interested parties for
purchase or review at Cupertino City Ha1L 'The Draft EIR was also available for review at
libraries in the City and in surrounding communities, and an electronic version of the Draft
EIR and all appendices were posted on a website the City created for the combined General
Plan and Housing Element projects at www.cu�tertinogpa.or� which included an
electronic comment portal to receive public comment 24 hours a day, seven days a week.
The City continues to make these documents available on its website for the Project at the
following URL:htt�://www.cu�ertinog�a.or�/a�� folders/view/L The public was also
invited to submit written comments on the Draft EIR to the City of Cupertino Community
Development Department by mail or e-mail to�lannin�@cu�ertulo.or�.
Notice of availability of the Draft EIR was made in several ways. The City sent a postcard
announcing the availability of the Draft EIR and inviting attendance at the Draft EIR
comment meeting to all postal addresses in Cupertino. In addition,in accordance with
CEQA, the City posted the Notice of Availability (NOA) on the Project website. The City
also sent emails providing notice of the Draft EIR's availability to all persons who had
indicated an interest in the Project and signed up for notifications through the City's
website. The local media publicized the availability of the Draft EIR and the public
comment period.
The City held a Community Open House and EIR Comment Meeting during the comment
period on June 24, 2014. The City solicited written comments at the meeting by distributing
comment cards that were collected at the end of the evening.
The 45-day comment period on the Draft EIR ended on August 1, 2014 at 4:30 p.m.
Agencies, organizations, and members of the public submitted written comments on the
Draft EIR. The Responses to Comments Document, which is the third volume of the Final
EIR, was issued for public review on August 28, 2014 and sent to public agencies who had
commented on the Draft EIR. Chapter 5 of the Responses to Comments Document provides
responses to the comments received during the comment period on the Draft EIR. Late
comments received after the close of the public comment period have been addressed in
memoranda submitted to the City Council.
On September 9, 2014, the Planning Commission held a Study Session on the EIR and took
public comments. On October 7, 2014, the City Council held a Study Session on the Final
EIR and took public cominents.
On October 2, 2014, the Environmental Review Committee determined that the EIR was
adequate and recommended that the City Council certify the EIR. On October 20, 2014,
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following a duly noticed public hearing on October 14, 2014 that was continued on October
20, 2014, the City Planning Commission, recommended that the City Council certify the
Final EIR. On December 2, 2014, the City Council held a duly noticed public hearing which
was continued to December 3, 2014 and was adjourned on December 4, 2014.
B. Additional Housing Element Public Review Process
The Housing Element must identify community involvement and decision-making
processes and techniques that constitute affirmative steps for receiving input from all
economic segments of the community, especially low-income persons and their
representatives, as well as from other members of the community. Public participation,
pursuant to Section 65583(c)(8) of the Government Code, was accomplished in a variety of
ways. Outreach was conducted in the form of in-person interviews with stakeholders
including several housing-related non-profits and organizations that provide services to low
income families and individuals in the City; and with parties interested in the Housing
Element process, including property owners and community groups such as the Concerned
Citizens of Cupertino and neighborhood groups. Below are some examples of outreach and
noticing conducted as part of the Housing Element update.
• Notice postcard sent to every postal address in the City.
• Joint Housing Commission and Planning Commission workshop-January 23, 2014
• Housing Commission Workshop-February 12, 2014
• Open House-February 19, 2014, September 16, 2014
• Study Session held with Planning Commission-February 19, 2014
• Study Session held with City Council-March 3, 2014
• Housing Commission meeting on housing policy-March 19, 2014
• Joint Planning Commission/City meeting on housing policy-Apri11, 2014
• Newspaper notices.
• Notices sent to all prospective housing element site property owners prior to City
Council authorization to commence environmental review.
• Notices sent to all prospective housing element site property owners prior to
Planning Commission and City Council prioritization of the sites for HCD review.
• Webpage hosted focusing on the Housing Element Update process.
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• Notice of website additions and Workshop reminders e-mailed to over 300 Housing
Element website subscribers.
• Staff presentations at the Chamber of Commerce.
• Housing Commission Meeting—August 28, 2014
• Planning Commission Hearing—October 14, 2014 and October 20, 2014
• City Council hearing to receive public comment—November 10, 2014
• Community Workshop—November 20, 2014
• City Council Hearings—December 2, 2014 and December 3-4, 2014
The City's outreach also included stakeholder meetings with non-profit and for-profit
housing developers,building industry trade groups, architects, planners, and affordable
housing funders. The Housing Element update process in the City has involved a number of
groups and individuals in the process of reviewing current housing conditions and needs
and considering potential housing strategies. Two public workshops were held at Housing
Commission meeting and at a Joint Planning Commission Housing Commission meeting. In
addition, one publicly noticed Planning Commission Study Session was held and included
opportunity for public comment. Feedback from these study sessions and public workshops
was used to identify needs, assess constraints and develop draft programs for the Housing
Element update, and are included in Section 1.3 of Appendix A of the General Plan.
IV. FINDINGS
The findings, recommendations, and statement of overriding considerations set forth below
(the "Findings") are made and adopted by the Cupertino City Council as the City's findings
under CEQA and the State CEQA Guidelines relating to the Project. The Findings provide
the written analysis and conclusions of this City Council regarding the Project's
environmental impacts, mitigation measures, alternatives to the Project, and the overriding
considerations that support approval of the Project despite any remaining environmental
effects it may have.
These findings summarize the environmental determinations of the Final EIR with regard to
project impacts before and after mitigation, and do not attempt to repeat the full analysis of
each environmental impact contained in the Final EIR. Instead, these findings provide a
summary description of and basis for each impact conclusion identified in the Final EIR,
describe the applicable mitigation measures identified in the Final EIR, and state the City's
findings and rationale about the significance of each impact following the adoption of
mitigation measures. A full explanation of these environmental findings and conclusions
can be found in the Final EIR, and these findings hereby incorporate by reference the
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discussion and analysis in the Final EIR supporting the Final EIR's determinations
regarding mitigation measures and the Project's impacts.
When evaluating cumulative impacts, CEQA allows the use of either a list of past, present,
and probable future projects, including projects outside the control of the lead agency, or a
summary of projections in an adopted planning document. The cumulative impacts
analysis in the Final EIR uses the projections approach and takes into account growth from
the Project within the Cupertino city boundary and Sphere of Influence (SOI), in
combination with impacts from projected growth in the rest of Santa Clara County and the
surrounding region, as forecast by the Association of Bay Area Governments (ABAG).
In adopting mitigation measures,below, the City intends to adopt each of the mitigation
measures identified in the Final EIR. Accordingly, in the event a mitigation measure
identified in the Final EIR has been inadvertently omitted from these findings, such
mitigation measure is hereby adopted and incorporated into the Project in the findings
below by reference. In addition, in the event the language of a mitigation measure set forth
below fails to accurately reflect the mitigation measure in the Final EIR due to a clerical
error, the language of the mitigation measure as set forth in the Final EIR shall control
unless the language of the mitigation measure has been specifically and expressly modified
by these findings.
Sections V and VI,below, provide brief descriptions of the impacts that the Final EIR
identifies as either significant and unavoidable or less than significant with adopted
mitigation. These descriptions also reproduce the full text of the mitigation measures
identified in the Final EIR for each significant impact.
V. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS AND
DISPOSITION OF RELATED MITIGATION MEASURES RESULTING IN
SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS
The Final EIR identifies the following significant and unavoidable adverse impacts
associated with the approval of the Project, some of which can be reduced, although not to a
less-than-significant level, through implementation of mitigation measures identified in the
Final EIR. Public Resources Code �21081(a)(1). In some cases, the City cannot require or
control implementation of mitigation measures for certain impacts because they are within
the responsibility and jurisdiction of other public agencies. Public Resources Code�
21081(a)(2). Therefore, as explained below, some impacts will remain significant and
unavoidable notwithstanding adoption of feasible mitigation measures. To the extent that
these mitigation measures will not mitigate or avoid all significant effects on the
environment, and because the City cannot require mitigation measures that are within the
responsibility and jurisdiction of other public agencies to be adopted or implemented by
those agencies, it is hereby determined that any remaining significant and unavoidable
adverse impacts are acceptable for the reasons specified in Section XII,below. Public
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Resources Code�21081(a)(3). As explained in Section IX,below, the findings in this Section
V are based on the Final EIR, the discussion and analysis in which is hereby incorporated in
full by this reference.
A. Impact AQ-1: Implementation of the Project would conflict with or
obstruct implementation of the applicable air quality plan.
The Final EIR finds that while the Project would support the primary goals of the 2010 Bay
Area Clean Air Plan, the buildout of the Project would conflict with the BAAQMD Bay Area
Clean Air Plan goal for community-wide VMT to increase at a slower rate compared to
population and employment growth. T'he rate of growth in VMT would exceed the rate of
population and employment growth, resulting in a substantial increase in regional criteria
air pollutant emissions in Cupertino.
There are no mitigation measures to reduce this impact to a less-than-significant level.
Policies and development standards in the Project would lessen the impact,but due to the
level of growth forecast in the city and the programmatic nature of tlle Project, the impact
would be significant and unavoidable.
B. Impact AQ-2: Implementation of the Project would violate any air quality
standard or contribute substantially to an existing or projected air quality
violation.
The Final EIR finds that future development under the Project would result in a substantial
long-term increase in criteria air pollutants over the 26-year General Plan horizon. Criteria
air pollutant emissions would be generated from on-site area sources (e.g., fuel used for
landscaping equipment, consumer products),vehicle trips generated by the project, and
energy use (e.g., natural gas used for cooking and heating). Because cumulative
development within the City of Cupertino could exceed the regional significance thresholds,
the Project could contribute to an increase in health effects in the basin until such time as the
attainment standards are met in the San Francisco Bay Area Air Basin (SFBAAB). The
impact is considered significant and unavoidable.
Implementation of Mitigation Measures AQ-2a and AQ-2b, set forth below, which are
hereby adopted and incorporated into the Project,would reduce these impacts,but not to a
less-than-significant level. Due to the programmatic nature of the Project,no additional
mitigation measures are available beyond Mitigation Measures AQ-2a and AQ-2b;
therefore, the impact would be significant and unavoidable.
Mitigation Measure AQ-2a:
As part of tlie City's development approval process, the City shall require applicants for futu��e
development projects to comply with the current Bay Area Air Quality Management District's basic
control measures for reducing construction emissions of PM10.
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Mitigation Measure AQ-2b:
As part of the City's development approval process, the City shall require applicants for future
development projects that could generate emissions in excess of the Bay Area Air Quality
Management District's (BAAQMDs) current significance thresholds during construction, as
determined by project-level environmental review, when applicable, to implement tlie current
BAAQMD construction mitigation measures (e.g. Table 8-3 of the BA.AQMD CEQA Guidelines) or
any construction mitigation measures subsequently adopted by tlie BAAQMD.
C. Impact AQ-3: Implementation of the Project would result in a cumulatively
considerable net increase of any criteria pollutant for which the Project
region is nonattainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed quantitative
thresholds for ozone precursors).
The Final EIR finds that the Project will combine with regional growth within the air basin
to result in a cumulatively considerable net increase of pollutants for the SFBAAB, which is
currently designated a nonattainment area for California and National 03, California and
National PMZS, and California PM�o ambient air quality standards (AAQS). Any project that
produces a significant regional air quality impact in an area that is in nonattainment adds to
the cumulative impact. Mitigation measures AQ-2a and AQ-2b, set forth and incorporated
above, would reduce impacts to the extent feasible,but the Project's impacts would remain
significant and unavoidable.
There are no mitigation measures to reduce the impact to a less-than-significant level. Air
pollutant emissions associated with the Project would result in a cumulatively considerable
contribution to air quality impacts, and the Project's impacts would be significant and
unavoidable.
D. Impact AQ-6: Implementation of the Project would cumulatively
contribute to air quality impacts in the San Francisco Bay Area Air Basin.
As described in the discussion of Impact AQ-3, the Final EIR finds that regional air quality
impacts will be significant. Implementation of the Project, in combination with past,
present, and reasonably foreseeable projects, would result in a significant cumulative impact
with respect to air quality even with the applicable regulations, as well as the Mitigation
Measures AQ-2a,AQ-2b, AQ-4a and AQ-4b and the General Plan policies outlined in
Impact AQ-1 through AQ-5. Therefore, this cumulative impact would be significant and
unavoidable.
There are no mitigation measures to reduce the impact to a less-than-significant level.
Implementation of Mitigation Measures AQ-2a,AQ-2b, AQ-4a and AQ-4b and the General
Plan policies outlined in Impact AQ-1 through AQ-5, would lessen the impact,but not to a
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less-then-significant level. Because the San Francisco Bay Area Air Basin is currently
designated as a nonattainment area for California and National Os, California and National
PMZ.s, and California PM�o AAQS, the Project's cumulative impact would be significant and
unavoidable.
E. Impact NOISE-3: Implementation of the Project would result in a
substantial permanent increase in ambient noise levels in the Project
vicinity above levels existing without the Project.
'The Final EIR finds that implementation of the Project would have a significant impact if it
results in a substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the Project. The Final EIR anticipates that there would be
substantial permanent increases to ambient noise levels throughout Cupertino as a result of
implementation of the Project and ongoing regional growth, and that these increases would
result primarily from increases in transportation-related noise, especially noise from
automobile traffic.
Although the Project contains policies that could in certain cases reduce or prevent
significant increases in ambient noise at sensitive land uses upon implementation(e.g.,
noise-reducing technologies, rubberized asphalt, soundwalls,berms, and improved
building sound-insulation), the measures described in these policies would not be
universally feasible, and some of the most effective noise-attenuation measures, including
sound walls and berms,would be infeasible or inappropriate in a majority of locations
where sensitive land uses already exist.
There are no mitigation measures to reduce the impact to a less-than-significant level. All
conceivable mitigations would be either economically impractical, scientifically
unachievable, outside the City's jurisdiction, and/or inconsistent with City planning goals
and objectives. Therefore, even after the application of relevant, feasible regulations and
General Plan policies, the impact to ambient noise levels would remain significant and
unavoidable.
F. Impact NOISE-5: Implementation of the Project,in combination with past,
present, and reasonably foreseeable projects,would result in significant
cumulative impacts with respect to noise.
The Final EIR finds that the analysis of the Project, as described in the discussions of Impact
NOISE-3, addresses cumulative noise impacts from implementation of the Project. Similarly,
the noise contours and traffic-related noise levels developed for the Project include and
account for regional travel patterns as they affect traffic levels in the City.Thus, the future
noise modeling which served as the foundation for the overall Project analysis was based on
future, cumulative conditions, and finds that implementation of the Project would result in
significant cumulative impacts.
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The Final EIR finds that even after the application of pertinent policies and strategies of the
General Plan Amendment cumulative noise impacts of the Project, as described in the
discussion of Impact NOISE-3, would remain significant and unavoidable. Thus,
implementation of the Project would result in a significant and unavoidable cumulative
impact with respect to noise.
There are no feasible mitigation measures to reduce the impact to a less-than-significant
level. As explained in the discussion of Impact NOISE-3, all conceivable cumulative noise
mitigations would be economically impractical, scientifically unachievable, outside the
City's jurisdiction, and/or inconsistent with City planning goals and objectives, and would
be infeasible. Therefore, even after the application of relevant, feasible regulations and
General Plan policies, the cumulative impact would remain significant and unavoidable.
G. Impact TRAF-1: Implementation of the Project would conflict with an
applicable plan, ordinance or policy establishing measures of effectiveness
for the performance of the circulation system,taking into account all
modes of transportation including mass transit and non-motorized travel
and relevant components of the circulation system,including but not
limited to intersections,streets,highways and freeways,pedestrian and
bicycle paths, and mass transit.
The Final EIR finds that implementation of the Project would generate additional motor
vehicle trips on the local roadway network, resulting in significant impacts to sixteen(16)
out of 41 study intersections during at least one of the AM or PM peak hours. See Draft EIR,
Table 4.13-13.'
Implementation of Mitigation Measure TRAF-1, set forth below, which is hereby adopted
and incorporated into the Project, would secure a funding mechanism for future roadway
and infrastructure improvements that are necessary to mitigate impacts from future projects
based on then current standards,but not to a less-than-significant leveL Impacts would
remain significant and unavoidable because the City cannot guarantee improvements at
these intersections at this time. This is in part because the nexus study has yet to be
prepared and because some of the impacted intersections are within the jurisdiction of the
City of Sunnyvale, the City of Santa Clara, and Caltrans. The City will continue to cooperate
with these jurisdictions to identify improvements that would reduce or minimize the
impacts to intersections and roadways as a result of implementation of future development
projects in Cupertino,but, because many of the improvements in Mitigation Measure T'RAF-
1 are within the responsibility and jurisdiction of other agencies and not the City of
Cupertino, this impact would remain significant and unavoidable.
�Following completion of the Draft EIR,the impacts to Intersection#29 were determined to be
less-than-significant rather than significant. See Supplemental Text Revisions Memo.
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Mitigation Measure TRAF-1:
The City of Cupertino shall commit to preparing and implementing a Transportation Mitigation Fee
Program to guarantee funding for roadway and infrastructure improvements that are necessary to
mitigate impacts from future projects based on the then current City standa2•ds.As part of the
preparation of the Transportation Mitigation Fee P��ogram, tlie City shall also commit to preparing a
"nexus"study tliat will serve as the basis for requiring development impact fees under AB 1600
legislation, as codified by California Code Goverriment Section 66000 et seq., to support
implementation of the Project. The established procedures under AB 1600 require that a "reasonable
relationship"or nexus exist between the transportation improvements and fncilities required to
mitigate the transportation impacts of new development pursuant to the Project. T{1e following
examples of transportation improvements and facilities would reduce impacts to acceptable level of
service standards and these, among other improvements, could be included in tlie development impact
fees nexus study:
♦ SR 85 Northbound Ramps and Stevens Creek Boulevard (#2):An exclusive left-turn lane
for tlTe northbound leg of the intersection (freeway off-ramp) at the intersection of SR 85 and
Stevens Creek Boulevard would result in one left-turn lane, one all-movement lane, and one right
turn lane. The additional lane could be added within tlie existing Caltrans right-of-way.
♦ Stelling Road and Stevens Creek Boulevard (#3): The addition of a second exclusive left-turn
lane for the eastbound leg of the intersection from Stevens Creek Boulevar•d to northbound
Stelling Road, which could be accomplished by reworking the median. Right turns would share
tlie bike lane.
♦ Sunnyvale-Saratoga Road/De Anza Boulevard and Homestead Road (#5):Widen De
Anza Boulevard to four lanes in each dil�ection or the installation of triple left-turn lanes.
♦ De Anza Boulevard and I-280 Northbound Ramp (#6):Restriping of De Anza Boulevard in
tl�e southbound direction to provide room for rigl2t turn vehicles to be separated firom tlTrough
traffic may be required. Tlie bike lane would be maintained, and right turns would occur fi•om tlie
bike lane. Tlie right tu�•ns would continue to be controlled by the signal and would need to yield
to pedestrians.
♦ De Anza Boulevard and Stevens Creek Boulevard (#8):Restripe westbound Stevens Creek
Bouleva��d to provide room for right turn vehicles to be sepaa•ated from tlirougli vehicles may be
required. The right turn vehicles will sl2are tlie bike lane and will still be controlled by the t��affic
signal. Paint a bike box at the fi�ont of the larie to provide bikes a place to wait at ��ed lights. The
pedest�•ian crossings will not be affected may enliance the bicycling ex�erience.
♦ De Anza Boulevard and McClellan Road/Pacifica Drive (#9):Realign the intersection tliat
is currently offset resulting in inefficient signal timing such tl2at tlie McClellan Road and
Pacifica Drive legs are across from each otl2er may be required. In addition, double left turn lanes
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may be required to be added to De Anza Boulevard with sections of double lanes on McClellan
Road and Pacifica Drive to receive the double left turn lanes. These improvements will require tlze
acquisition of right-of-way and demolition of existing commercial buildings. However, some
existing right-of-way could be abandoned, which would reduce the net right-of-way take.
♦ Wolfe Road and Homestead Road (#16): The addition of a tliird southbound through lane to
the soutlibound approach of the intersection of Wolfe Road and Homestead Road may be required,
as well as the addition of a soutlibound exclusive riglit-turn lane. Tliree southbound receiving
lanes on the south side of the intersection currently exist.An additional westbound thi�ougli lane
for a total of three through-movement lanes, an additional receiving lane on Homestead
westbound to receive the additional tlirough lane, as well as the addition of a westbound exclusive
right-turn lane may be required. This will require widening Homestead Road.An additional
eastbound through lane for a total of three through-movement lanes, an additional receiving lane
on Homestead eastbound to receive the additional through lane, as well as the addition of an
eastbound exclusive left-turn lane for a total of two left-turn lanes may be requia•ed. These
improvements will require the acquisition of right-of-way and demolition of parking areas.
♦ Wolfe Road and I-280 Northbound Ram� (#18): The Apple Campus 2 project will be adding
a third northbound through lane starting at the northbound on ramp. This third lane will need to
be extended farther south to effectively serve the additional northbound traffic due to tlie General
Plan development. This could require widening the Wolfe Road overcrossing. Right-of-way
acquisition may be required. In accordance with Caltrans procedures, a Project Study Report
(PSR) will need to be prepared. The PSR will look at all interchange improvement options, which
may include widening the overcrossing and may also include a redesign of the interchange to go
from a partial cloverleaf design to a diamond design. This could help with lieavy volumes in the
rigllt lane, which contributes to the level-of-service deficiency.
♦ Wolfe Road and I-280 Southbound Ra�np (#19):An additional through lane for a total of
three through-movement lanes for the northbound leg of the intersection at the Wolfe Road and I-
280 Southbound Ramp may be required. Tliis additional nortlibound tlirough lane would require
widening to the freeway overcrossing. In addition to widening tlie overcrossing, the City may
wish to pursue a redesign of tlie interchange to go from a partial cloverleaf design to a diamond
design. This could help with tlie problem of lieavy volume in the right lane, which contributes to
the level of service deficiency.
♦ Wolfe Road/Miller Avenue and Stevens Creek Boulevard (#21): The resti�iping of tlie
westbound leg of the intersection to provide room so tliat riglit turn veliicles can be separated
fi�om th�rougli vehicles may be required. Rigllt turn veliicles would sliare the bike lane. Riglit turn
vel2icles would still be controlled by tlle signal, and pedest��ian ci�ossings would not be affected.
Paint a bike box at tlze front of tlie lane to p��ovide bikes a place to wait at red lights may enlzance
tlie bicycling experience.
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♦ North Tantau Avenue/Quail Avenue and Homestead Road (#24):Restriping of the
southbound leg of the intersection (Quail Avenue) to provide a separate left turn lane may be
required. This will require the removal of on-street parking near the intei•section. The level-of-
service calculations show that with implementation of these improvements, the intersection
would operate at an acceptable LOS D.
♦ Tantau Avenue and Stevens Creek Boulevard (#27): The addition of a separate left-turn lane
to nortlibound Tantau Avenue may be required. Right-of-way acquisition and demolition of
existing commercial buildings would be required.
♦ Stevens Creek Boulevard and Agilent Technologies Driveway (#30): The restriping of the
westbound leg of the intersection to provide room so that right turn vehicles can be separated
from through vehicles may be required. Right turn vehicles would sliare the bike lane. Right turn
vehicles would still be controlled by the signal, and pedestrian crossings would not be affected.
Paint a bike box at the front of tlie lane to provide bikes a place to wait at red ligllts may enhance
the bicycling experience.
♦ Lawrence Expressway Southbound Ramp and Stevens Creek Boulevard (CMP,
County)(#31): The addition of a second right-turn lane for the soutlibound leg of the intersection
at the Lawrence Expressway Southbound Ramp and Stevens Creek Boulevard may be required.
Both lanes would need to be controlled by the signal, and disallow right turns on red. Right-of-
way acquisition may be required.
♦ Lawrence Expressway Northbound Ramp and Stevens Creek Boulevard(CMP, County)
(#32):Redesign of the northbound leg of the intersection at the Lawrence Expressway
Northbound Ramp and Stevens Creek Boulevard to provide one through-movement lane, and one
exclusive riglit-turn lane may be required. Right-of-way acquisition would be required.
The fees shall be assessed when there is new construction, an increase in square footage in an existing
building, or the conversion of existing square footage to a more intensive use. Tlie fees collected sliall
be applied toward circulation improvements and right-of-way acquisition. The fees sliall be calculated
by multiplying the p�roposed square footage, dwelling unit, or hotel room by the appropriate i�ate.
Traffic mitigation fees shall be included with any other applicable fees payable at tlie time tlie building
permit is issued. The City shall use the traffic miti�ation fees to fund constri�ction (or to recoup fees
advanced to fund construction)of the transportation improvements identified above, among other
tliings that at the time of potential future development may be warranted to mitigate traffic impacts.
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H. Impact TRAF 2:Implementation of the Project would conflict with an
applicable congestion management program,including,but not limited to,
level of service standards and travel demand measures, or other standards
established by the county congestion management agency for designated
roads or highways.
The Final EIR finds that of the 41 intersections studied in the EIR traffic analysis, 21 are
included in Santa Clara County's Congestion Management Program(CMP). See Table 4.3-
13, Draft EIR. The Project would result in significant impacts to 11 CMP intersections
during at least one of the peak hours. Implementation of Mitigation Measure TRAF-1, set
forth and incorporated above, would reduce these impacts,but not to a less-than-significant
level.
Mitigation Measure:
Implement Mitigation Measure TRAF-1.
As described in the discussion of Impact TRAF-1,because many of the improvements in
Mitigation Measure TRAF-1 are within the responsibility and jurisdiction of other agencies
and not the City of Cupertino, these impacts would remain significant and unavoidable.
I. Impact TRAF-6: Implementation of the Project, in combination with past,
present, and reasonably foreseeable projects,would result in additional
cumulatively considerable impacts.
The Final EIR finds that the analysis of the Project, as described in the discussions of Impact
TRAF-1 and Impact TRAF-2, addresses cumulative impacts to the transportation network in
the city and its surroundings; accordingly, cumulative impacts would be the same as
Project-specific impacts. Therefore, the cumulative impacts to the City's transportation
network resulting from the Project would be significant and unavoidable.
Mitigation Measure:
Implement Mitigation Measure TRAF-1.
As discussed under TRAF-1,because many of the improvements in Mitigation Measure
TRAF-1 are within the responsibility and jurisdiction of other agencies and not the City of
Cupertino, this cumulative impact would remain significant and unavoidable.
VI. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FINAL EIR THAT
ARE REDUCED TO A LESS-THAN-SIGNIFICANT LEVEL BY MITIGATION
MEASURES ADOPTED AND INCORPORATED INOT THE PROJECT
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The Final EIR identifies the following significant impacts associated with the Project. It is
hereby determined that the impacts addressed by these mitigation measures will be
mitigated to a less than significant level or avoided by adopting and incorporating these
mitigation measures conditions into the Project. Public Resources Code§21081(a)(1). As
explained in Section IX,below, the findings in this Section VI are based on the Final EIR, the
discussion and analysis in which is hereby incorporated in full by this reference.
A. Impact AQ-4: Implementation of the Project would expose sensitive
receptors to substantial concentrations of air pollution.
The Final EIR finds that the Project could result in locating sensitive receptors in proximity
to major sources of air pollution or the siting of new sources of air pollution in proximity to
sensitive receptors in the city. Nonresidential land uses that generate iruck trips may
generate substantial quantities of air pollutants within 1,000 feet of off-site sensitive
receptors. In addition, proposed sensitive land uses in Cupertino may be within 1,000 feet
of major sources of air pollutants, which would create a significant and unavoidable impact.
Implementation of the Mitigation Measures AQ-4a and AQ-4b, set forth below, which are
hereby adopted and incorporated into the Project, would reduce this impact to a less-than-
significant level.
Mitigation Measure AQ-4a:
Applicants for future non-residential land uses within the city that: 1) have the potential to generate
100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered
Transport Refrigeration Units (TRUs), and 2) are within 1,000 feet of a sensitive land use (e.g.
residential, schools, liospitals, nursing homes), as measured from the property line of the Project to
the property line of the nearest sensitive use, sliall submit a health risk assessment(HRA) to tJ�e Cit�
of Cupertino prior to future discretionary Project approval. The HRA shall be prepared in accordance
with policies and procedures of tlze State Office of Environmental Healtlz Hazard Assessment and tlie
Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk
exceeds ten in one million (10E-06), PMz.s concentrations exceed 0.3 µg/m3, or the approp��iate
noncancer hazard index exceeds 1.0, tlie applicant will be required to identify and demonstrate that
Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential cancer
and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs
may include but are not limited to:
• Restricting idling on-site.
. Electrifying warehousing docks.
• Requiring use of newer equipment and/or vehicles.
• Restricting offsite truck travel througli tl2e creation of truck routes.
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T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental
document and/or incorporated into the site development plan as a component of the Project.
Mitigation Measure AQ-4b:
Applicants for residential and other sensitive land use projects (e.g. hospitals, nursing homes, day
care centers) in Cupertino within 1,000 feet of a major sources of TACs (e.g. warehouses, industrial
areas,freeways, and roadways with traffic volumes over 10,000 vehicle per day), as measured from
the property line of the project to the property line of the source/edge of the nearest travel lane, shall
submit a health risk assessment (HRA) to tlie City of Cupertino prior to future discretionary Project
approval. Tlie HRA shall be prepared in accordance with policies and procedures of the State Office of
Environmental Health Hazard Assessment (OEHHA)and the Bay Area Air Quality Management
District. The latest OEHHA guidelines shall be used for the analysis, including age sensitivity
factors, breathing 1�ates, and body weights appropriate for children age 0 to 16 years. If the HRA
shows that the incremental cancer risk exceeds ten in one million (10E-06), PM2.5 concentrations
exceed 0.3 µg/m3, or the appropriate noncancer 1lazard index exceeds 1.0, the applicant will be
required to identify and demonstrate that mitigation measures are capable of reducing potential
cancer and non-cancer risks to an acceptable level (i.e. below ten in one million or a hazard index of
1.0), including appropriate enforcement mechanisms. Measur�es to reduce risk may include but aT•e
not limited to:
• Air intakes located away from high volume roadways and/or truck loading zones.
• Heating, ventilation, and air conditioning systems of the buildings provided wit1T appropriately
sized Maximum Efficiency Rating Value(MERV)filters.
Mitigation measures identified in tlie HRA sliall be identified as mitigation measures in tlie
environmental document and/or incorporated into the site development plan as a component of tlle
Project. Tlie air intake design and MERV filter requirements shall be noted and/or reflected on all
building plans submitted to the City and shall be verified by the City's Planning Division.
B. Impact BIO-1: Implementation of the Project would have a substantial
adverse effect, either directly or through habitat modifications, on a plant
or animal population, or essential habitat, defined as a candidate, sensitive
or special-status species.
The Final EIR finds that some special-status bird species such as Cooper's hawk and white-
tailed kite could utilize the remaining riparian corridors and heavily wooded areas for
nesting, dispersal and other functions when they pass through urbanized areas. More
common birds protected under MBTA may nest in trees and other landscaping on the
Project Component locations. Given the remote potential for occurrence of nesting birds at
one or more of the Project Component locations and possibility that nests could be
inadvertently destroyed or nests abandoned as a result of construction activities, this would
be considered a potentially significant impact.
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Implementation of Mitigation Measure BIO-1, set forth below, which is hereby adopted and
incorporated into the Project, would avoid or reduce this impact to a less-than-significant
level.
Mitigation Measure BIO-1:
Nests of raptors and other birds shall be protected when in active use, as required by the federal
Migratory Bird Treaty Act and the California Department of Fish and Game Code. If construction
activities and any required tree removal occur during the breeding season (February 1 and August
31), a qualified biologist shall be required to conduct surveys prior to tree removal or construction
activities. Preconstruction surveys are not required for tree removal or construction activities outside
tlie nesting period. If construction would occur during the nesting season (February 1 to August 31),
preconstruction surveys shall be conducted no more than 14 days prior to the start of tree removal or
construction. Preconstruction surveys shall be repeated at 14-day intervals i�ntil construction has
been initiated in the area after which surveys can be stopped. Locations of active nests containing
viable eggs or young birds shall be documented and protective measures implemented under t12e
direction of the qualified biologist until tlie nests no longer contain eggs or young birds. Protective
measures shall include establishment of clearly delineated exclusion zones (i.e. demarcated by
identifiable fencing, such as o��ange construction fencing or equivalent) around each nest location as
determined by a qualified biologist, taking into account the species of birds nesting, their tolerance for
disturbance and proximity to existing development. In general, exclusion zones sliall be a minimum
of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion
zone shall be monitored on a weekly basis throughout the nesting season to identify signs of
disturbance and confirm nesting status. The radius of an exclusion zone may be increased b� tlie
qualified biologist if project activities are determined to be adversely affecting tlie nesting birds.
Exclusion zones may be reduced by the qualified biologist only in consultation witli California
Department of Fish and Wildlife. The protection measures shall remain in effect until the young have
left the nest and are foraging independently or the nest is no longer active.
C. Impact BIO-6: Implementation of the Project,in combination with past,
present, and reasonably foreseeable projects,would result in significant
cumulative impacts with respect to biological resources.
The Final EIR finds that implementation of the Project could result in further conversion of
existing natural habitats to urban and suburban conditions, limiting the existing habitat
values of the surrounding area and potentially resulting in significant cumulative impacts
with respect to biological resources.
With implementation of Mitigation Measure BIO-1, set forth and incorporated above, the
Project would not make a cumulatively considerable contribution to this cumulative impact,
and the impact would be less than significant.
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Mitigation Measure:
Implement Mitigation Measure BIO-1.
D. Impact HAZ-4: Implementation of the Project would be located on a site
which is included on a list of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as a result,create a significant
hazard to the public or the environment.
The Final EIR finds that because hazardous materials are known to be present in soil, soil
gas, and/or groundwater due to past land uses at certain sites that may be redeveloped as
part of the Project, the direct contact, inhalation, or ingestion of hazardous materials could
potentially cause adverse health effects to construction workers and future site users. The
severity of health effects would depend on the contaminant(s), concentration, use of
personal protective equipment during construction, and duration of exposure. The
disturbance and release of hazardous materials during earthwork activities, if present, could
pose a hazard to construction workers,nearby receptors, and the environment and impacts
could be potentially significant.
Implementation of Mitigation Measures HAZ-4a and HAZ-4b, set forth below, which are
hereby adopted and incorporated into the Project, would avoid or reduce this impact to a
less-than-significant level.
Mitigation Measure HAZ-4a:
Construction at the sites with known contamination sllall be conducted under a project-specific
Environmental Site Management Plan (ESMP) that is prepared in consultation with the Regional
Water Quality Control Board(RWQCB)or the Department of Toxic Substances Control (DTSC), as
appropriate. The purpose of the ESMP is to protect construction workers, the general public, the
envii�onment, and future site occupants from subsurface hazardous materials previously identified at
tlie site and to address the possibility of encountering unknown contamination or hazards in the
subsurface. The ESMP sha12 summarize soil and groundwater analytical data collected on the project
site during past investigations; identify management options for excavated soil and groundwater, if
contaminated media are encountered during deep excavations; and identify monitoring, irrigation, or
other wells requiring proper abandonment in compliance with local, State, and federal laws, policies,
and regulations.
Tlie ESMP sliall include measures for identifying, testing, and managing soil and groundwater
suspected of or known to contain hazardous materials. Tlie ESMP shall: 1)provide procedures for
evaluating, handling, storing, testing, and disposing of soil and groundwater dul�ing p��oject
excavation and dewatering activities, respectively; 2) describe r�equired worker healtli and safety
provisions for all workers potentially exposed to hazardous materials in accordance witli State and
federal worker safety regulations; and 3)designate personnel responsible for implementation of tlie
ESMP.
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Mitigation Measure HAZ-4b:
For those sites with potential residual contamination in soil,gas, or groundwater that are planned for
redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed
by a licensed environmental professional. If the results of tlie vapor intrusion assessment indicate the
potential for significant vapor intrusion into an occupied building, project design s12a11 include vapor
controls or source removal, as appropriate, in accordance with regulatory agency requirements. Soil
vapor mitigations or controls could include vapor barriers,passive venting, and/or active venting.
The vapor intrusion assessment and associated vapor controls or source removal can be incorporated
into the ESMP (Mitigation Measure HAZ-4a).
E. Impact HAZ-7: Implementation of the Project, in combination with past,
present, and reasonably foreseeable projects,would result in less than
significant cumulative impacts with respect to hazards and hazardous
materials.
The Final EIR takes into account growth projected by the Project within the Cupertino city
boundary and Sphere of Influence (SOI), in combination with impacts from projected
growth in the rest of Santa Clara County and the surrounding region, as forecast by the
Association of Bay Area of Governments (ABAG). Potential cumulative hazardous materials
impacts could arise from a combination of the development of the Project together with the
regional growth in the immediate vicinity of the Project Study Area. As discussed under
Impact HAZ-4, disturbance and release of hazardous materials during earthwork activities,
if present, could pose a hazard to construction workers,nearby receptors, and the
environment and impacts could be potentially significant.
With implementation of Mitigation Measures HAZ-4a and HAZ-4b, set forth and
incorporated above, in conjunction with compliance with General Plan policies and
strategies, other local, regional, State, and federal regulations, the Project would not make a
cumulatively considerable contribution to this cumulative impact, and the impact would be
less than significant.
Mitigation Measure:
Implement Mitigation Measures HAZ-4a and HAZ-4b.
F. Impact UTIL-6: Implementation of the Project would result in a
determination by the wastewater treatment provider,which serves, or may
serve the project,that it does not have adequate capacity to serve the
project's projected demand in addition to the provider's existing
commitxnents.
Buildout of the Project would have a significant impact if future projected demand exceeds
the wastewater service capacity of the San Jose/Santa Clara Water Pollution Control Plan
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(SJ/SCWPCP) or the Sunnyvale Water Pollution Control Plan (SWPCP), or the Cupertino
Sanitary District(CSD) or City of Sunnyvale collection systems.
Implementation of Mitigation Measures UTIL-6a, UTIL-6b, and UTIL-6c, set forth below,
which are hereby adopted and incorporated into the Project, would avoid or reduce this
impact to a less-than-significant level.
Mitigation Measure UTIL-6a:
The City shall work with the Cupertino Sanitary District to increase the available citywide treatment
and transmission capacity to 8.65 million gallons per day, or to a lesser tliresliold if studies justifying
reduced wastewater generation rates are approved by CSD as described in Mitigation Measure UTIL-
6c.
Mitigation Measure UTIL-6b:
The City shall work to establish a system in which a development monitoring and tracking system to
tabulate cumulative incl•eases in projected wastewater gene��ation fi�om approved p��ojects for
comparison to the Cupertino Sanitary District's treatment capacity threshold with San Jose/Santa
Clara Water Pollution Control Plant is prepared and implemented. If it is anticipated that witli
approval of a development project the actual system discharge would exceed the contractual treatment
threshold, no building permits for such project sliall be issued prior to increasing tlie available
citywide contractual treatment and transmission capacity as described in Mitigation Measure UTIL-
6a.
Mitigation Measure UTIL-6c:
The City shall work with the Cupertino Sanitary District to prepare a study to determine a mo2•e
current estimate of the wastewater generation rates tliat reflect the actual development to be
constructed as part of Project implementation. The study could include determining how the
green/LEED certified buildings in the City reduce wastewater demands.
G. Impact UTIL-7: Implementation of the Project,in combination with past,
present, and reasonably foreseeable projects,would not result in
significant cumulative impacts with respect to wastewater treatment.
The Final EIR finds that buildout of the Project would generate a minor increase in the
volume of wastewater delivered for treatment at SJ/SCWPCP and SWPCP, representing less
than 1 percent of the available treatment capacity at the SJ/SCWPCP and SWPCP, and it
would occur incrementally over a period of 26 years. Based on the recent trends of
diminishing wastewater treatment demand and the projected population growth in the
service areas, cumulative wastewater treatment demand over the Project buildout period is
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far below the excess capacity of the SJ/SCWPCP and SWPCP. Because the cumulative
demand would not substantially impact the existing or planned capacity of the wastewater
treatment systems, which have sufficient capacity for wastewater that would be produced
by the Project, the construction of new wastewater treatment facilities would not be
necessary.
With implementation of Mitigation Measured UTIL-6a, UTIL-6b and UTIL-6c, set forth and
incorporated above, cumulative development combined with the Project would not exceed
wastewater treatment requirements. Therefore, the Project would not make a cumulatively
considerable contribution to this cumulative impact, and the impact would be less than
significant.
Mitigation Measure:
Implement Mitigation Measures UTIL-6a, UTIL-6b, and UTIL-6c.
H. Impact UTIL-8: The Project would not be served by a landfill(s) with
sufficient permitted capacity to accommodate the Project's solid waste
disposal needs.
The Final EIR finds that anticipated rates of solid waste disposal would have a less-than-
significant impact with regard to target disposal rates, and that the City would continue its
current recycling ordinances and zero-waste policies. Nevertheless, the 2023 termination of
the agreement between the Newby Island Landfill facility, as well as that facility's estimated
closure date in 2025, would result in insufficient solid waste disposal capacity at buildout of
the Project, resulting in a significant impact.
Implementation of Mitigation Measure UTIL-8, set forth below, whicll is hereby adopted
and incorporated into the Project, would avoid or reduce this impacts to a less-than-
significant level.
Mitigation Measure UTIL-8:
The City shall continue its current recycling ordinances and zero-waste policies in an effort to fu��ther
increase its diversion rate and lower its per capita disposal rate. In addition, tlie City shall monitor
solid waste generation volumes in relation to capacities at receiving landfill sites to ensure that
sufficient capacity exists to accommodate future g�rowth. The City shall seek new landfill sites to
replace tlie Altamont and Newby Island landfills, at sucli time tliat tliese landfills are closed.
I. Impact UTIL-10: Implementation of the Project, in combination with past,
present and reasonably foreseeable projects,would result in significant
cumulative impacts with respect to solid waste.
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The Final EIR finds that buildout of the Project will increase the quantity of solid waste for
disposal. AB 939 established a goal for all California cities to provide at least 15 years of
ongoing landfill capacity;however, growth from other cities in the region may exceed the
growth that was taken into account when determining landfill capacity. Also,because the
Newby Island Landfill facility, which currently takes approximately 92 percent of the City's
solid waste, is expected to close in 2025, Cupertino may eventually experience insufficient
landfill capacity to accommodate existing or increased population and employment levels.
Although implementation of existing waste reduction programs and diversion requirements
would reduce the potential for exceeding existing capacities of landfills, the potential lack of
landfill capacity for disposal of solid waste would be a significant cumulative impact.
With implementation of Mitigation Measure UTIL-8, set forth and incorporated above, the
Project would not make a cumulatively considerable contribution to this cumulative impact,
and the impact would be less than significant.
Mitigation Measure
Implement Mitigation Measure UTIL-8.
VII. GROWTH INDUCING IMPACTS
An EIR is required to discuss growth inducing impacts, which consist of the ways in which
the project could foster economic or population growth, or the construction of additional
housing, either directly or indirectly, in the surrounding environment. State CEQA
Guidelines� 15126.2(d);Public Resources Code �21100(b)(5). Direct growth inducement
would result, for example, if a project involves the construction of substantial new housing
that would support increased population in a community or establishes substantial new
permanent employment opportunities. This additional population could, in turn, increase
demands for public utilities, public services, roads, and other infrastructure. Indirect
growth inducement would result if a project stimulates economic activity that requires
physical development or removes an obstacle to growth and development(e.g., increasing
infrastructure capacity that would enable new or additional development). It must not be
assumed that growth in any area is necessarily beneficial, detrimental, or of little
significance to the environment. State CEQA Guidelines � 15126.2(d). Section 6.3 of the
Draft EIR analyzes the growth inducing impacts of the Project. As explained in Section IX,
below, the findings in this Section VII are based on the Final EIR, the discussion and
analysis in which is hereby incorporated in full by this reference.
• Implementation of the Approved Project would directly induce population,
employment and economic growth by identifying an office allocation of 2,000,000
square feet as part of redevelopment of the Vallco Shopping District site.
• State law requires the City to promote the production of housing to meet its Regional
Housing Needs Allocation made by ABAG. The housing and commercial/industrial
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growth in Cupertino would allow the City to address its regional fair-share housing
obligations. Implementation of the Project to the year 2040 would not result in
residential development that was not accounted for in the 2005 General Plan because
the General Plan has sufficient allocation to meet the residential allocation of 1,400
units on Housing Element sites. This would result in a total anticipated residential
inventory of approximately 23,294 units by 2040.$
The Approved Project is considered growth inducing because it encourages new growth in
the urbanized areas of Cupertino. Development in these areas would consist of infill
development on underutilized sites, sites that have been previously developed, and sites
that are vacant and have been determined to be suitable for development. However,
because infrastructure is largely in place and commercial or office growth would be
required to comply with the City's General Plan, Zoning regulations and standards for
public services and utilities;secondary or indirect effects associated with this growth do not
represent a new significant environmental impact which has not already been addressed in
the individual resource chapters of this EIR.
VIII. ALTERNATIVES
The Final EIR analyzed four alternatives,examining the environmental impacts and
feasibility of each alternative, as well as the ability of the alternatives to meet project
objectives. T'he project objectives are listed in Chapter 3 (Project Description) of the Draft
EIR;the potentially significant environmental effects of the Project, including feasible
mitigation measures identified to avoid these impacts, are analyzed in Chapter 4
(Environmental Evaluation) of the Draft EIR; and the alternatives are described in detail in
Chapter 5 (Alternatives to the Proposed Project) of the Draft EIR.
Brief summaries of the alternatives are provided below. A brief discussion of the
Environmentally Superior Alternative follows the summaries of the alternatives. As
explained in Section IX,below, the findings in this Section VII are based on the Final EIR,
the discussion and analysis in which is hereby incorporated in full by this reference.
A. The No Proj ect Alternative
CEQA requires evaluation of the "no project" alternative. State CEQA Guidelines�
15126.6(e). Consistent with State CEQA Guidelines section 15126.6(e)(3)(A), the No Project
Alternative assumes that growth and development would continue to occur under the
provisions of the current 2000-2020 General Plan, including the development allocations for
office and commercial space, and hotel and residential unit allocations. Thus,no new
development potential beyond what is currently permitted in the 2000-2020 General Plan
would occur.
$Existing built/approved residential units was 21,399 units in 2013.
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As shown in Draft EIR Table 5-1, the No Project Alternative would allow for the following
new development allocations:
• Office allocation: approximately 540,231 square feet(no net increase from 2000-
2020 General Plan)
• Commercial allocation: approximately 701,413 square feet(no net increase from
2000-2020 General Plan)
• Hotel allocation: approximately 339 rooms (no net increase from 2000-2020 General
Plan)
• Residential allocation: 1,895 units (no net increase from 2000-2020 General Plan)
As discussed in Section 5.1.7 of the Draft EIR, the No Project Alternative would not achieve
any of the City's project objectives, which are as follows, except that it would provide for the
RHNA for the 20014-2022 planning period:
• Emphasize employment and a mix of economic development opportunities by
replenishing, reallocating, and increasing city-wide office, commercial, and hotel,
allocations in order to capture:
• A share of the regional demand for office and hotel development, and
• Retail sales tax leakage in the trade area.
• Address local needs and regional requirements for new housing, including
affordable housing, in Cupertino by replenishing, re-allocating and increasing city-
wide residential allocations to be consistent with 2040 Bay Area Plan projections to
allow flexibility for the city when future state-mandated updates are required to the
Housing Element.
• Update the Housing Element as required by State law.
• Creating opportunities for mixed-use development consistent with Regional
Sustainable Communities Strategies for greenhouse gas emissions reductions as
required by SB 375.
• Investing in improvement to adapt to climate change over time.
• Consider increased heights in key nodes and gateways, if proposed development
provides retail development and benefits directly to the community.
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• Update General Plan policies to implement multi-modal traffic standards as opposed
to LOS thresholds currently identified. Balancing development objectives with
transportation constraints and opportunities.
• Revitalize the Vallco Shopping District by adopting policies to support its
redevelopment, so it becomes a cohesive,vibrant shopping and entertainment
destination that serves both the region and the local community.
For the foregoing reasons, the No Project Alternative is hereby rejected as infeasible.
B. Land Use Alternative A
Land Use Alternative A identifies how growth would occur if the City largely continues the
policies of the current 2005 General Plan, while making minor development allocation and
boundary changes. The 2005 General Plan land use standards would continue to apply to
the Vallco Shopping District site, and it would not be redeveloped in any substantial
manner. Alternative A would increase city-wide office and hotel allocation but would not
increase allocations for commercial and residential uses. No maximum height increases are
proposed under this alternative.
As shown in Draft EIR Table 5-1, Land Use Alternative A would allow for the following
new development allocations:
• Office allocation: approximately 1,040,231 square feet(net increase of 500,000
square feet from the 2000-2020 General Plan)
• Commercial allocation: approximately 701,413 square feet (no net increase from the
2000-2020 General Plan)
• Hotel allocation: approximately 600 rooms (net increase of 261 rooms from the 2000-
2020 General Plan)
• Residentia1: 1,895 units(no net increase from the 2000-2020 General Plan)
As discussed in Section 5.2.8 of the Draft EIR, Alternative A would not achieve the project
objectives conceming local needs and regional requirements for new housing, including
affordable housing, in Cupertino,because it would not provide sufficient residential units to
meet the City's Regional Housing Needs Allocation (RHNA) of 1,064 units minus 62, or
1,002 units. In order to fully comply with the IZHNA, the City would need to provide a
moderate surplus of 25%to 40% in addition to the 1,002 units or approximately 1,250 to
1,400 units. Alternative A only allows for a surplus of only eight units, however.
Alternative A also would not make any progress toward increasing the allocation of
residential units to accommodate Plan Bay Area projections for residential growth by 2040
(4,421 units).
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Alternative A fails to meet project objectives with regard to reallocating,replenishing and
increasing city-wide office, commercial and hotel allocations for purposes of economic
development,because Alternative A does not allow for any commercial growth beyond that
allocated under the 2000-2020 General Plan and allows in insufficient amount of office and
hotel growth. Further, Alternative A does not meet the project objective to consider
increased heights in key Nodes and Gateways,because no maximum height increases are
proposed under this alternative.
Alternative A also does not meet the City's objective of creating mixed use development
consistent with Plan Bay Area and SB 375,because it would not concentrate development in
major transportation corridors to the same degree as Alternatives B and C. Alternative A
does not envision a complete redevelopment for Vallco Shopping District that would
involve adding office and residential uses as in Alternatives B and C and the Approved
Project. This would not completely meet the project objective to revitalize the Shopping
District so it becomes a cohesive, vibrant shopping and entertainment destination that
serves both the region and the local community.
For the foregoing reasons, Land Use Alternative A is hereby rejected as infeasible.
C. Land Use Alternative B
Land Use Alternative B identifies how the City can focus development along major mixed-
use corridors in order to create more complete commercial, office and entertainment areas,
and to address mid-term housing needs. It would increase development allocations for
office, commercial and hotel land uses in order to better capture retail sales leakage and
regional demand for office development. Alternative B also envisions the transformation of
the Vallco Shopping Mall into a retail, employment,housing and entertainment destination.
Alternative B would allow for revised height standards at key Gateways and Nodes within
Special Areas along major transportation corridors. Alternative B also would increase
residential allocations to the amount necessary to meet the City's housing need of 1,002
units plus a moderate surplus of 25%to 40%, or approximately 1,250 to 1,400 units,but
would increase the allocation of residential units to accommodate only 75 percent of Plan
Bay Area projections for residential growth by 2040.
As shown in Draft EIR Table 5-1 and the Supplemental Text Revisions, Land Use
Alternative B would allow for the following new development allocations:
• Office allocation: approximately 2,540,231 square feet(net increase of 2,000,000
square feet from the 2000-2020 General Plan)
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• Commercial allocation: approximately 1,343,679 square feet(net increase of 0
square feet from 2000-2020 General Plan)9
• Hotel allocation: approximately 839 rooms (net increase of 500 rooms from the 2000-
2020 General Plan)
• Residential allocation: 3,316 units (net increase of 1,421 units from the 2000-2020
General Plan)
While Alternative B meets all of the project objectives, as described in Section 5.3.8 of the
Draft EIR, Alternative B would not go as far as Alternative C in meeting project objectives
with regard to reallocating,replenishing and increasing city-wide commercial and hotel
allocations for purposes of economic development, and replenishment of the residential
allocation. Alternative B envisions that the Vallco Shopping District will be completely,but
does not specifically allocate any development potential to that Special Area. Alternative B
allows for approximately 500 fewer hotel rooms and approximately 500,000 square feet less
office space allocation than the Approved Project,however.
The City commissioned a Market Study10 which indicates that the City has a strong market
for office,hotel room and residential development. An allocation of only 500 hotel rooms
would not achieve the City's goal of capturing a share of the regional demand for hotel
development.
For the foregoing reasons, Land Use Alternative B is hereby rejected as infeasible.
D. Land Use Alternative C
Land Use Alternative C identifies a way to transform the Vallco Shopping Mall into a locally
and regionally significant retail, employment,housing and entertainment destination, and
account for a large portion of the City's RHNA. Similar to the Approved Project,
Alternative C envisions that the Vallco Shopping District will be completely redeveloped.
In addition,under Alternative C, the Vallco area would become the "downtowri' of
9 The EIR provided an analysis for the commercial development allocation of 1,343,679 square
feet for Alternative C,which is an increase in commercial development allocation of 642,266 square
feet over the remaining allocation of approximately 701,413 square feet in the 2020 General Plan;
however,the additiona1642,266 square footage does not constitute a net increase in commercial
development in Cupertino during the planning period of the General Plan Amendment(through
2040).That is because the entire 642,266 square feet of the increased allocation would come from
demolition of Vallco Shopping Center and rebuilding and/or relocating that existing commercial
square footage to other sites. Due to the high vacancy rate at the Vallco Shopping Mall under
existing conditions,however,the EIR conservatively analyzed the total commercial development
allocation of 1,343,679 square feet(642,266 existing square feet+701,413 new square feet).
lo gAE Urban Economics,General Plan Amendment Market Study(February 13,2014).
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Cupertino, serving the mixed-use hub for residents, workers and the larger region.
Alternative C would increase development allocations to levels higher than those that
would be allowed under either Land Use Alternative A or Land Use Alternative B in order
to fully capture retail sales leakage and regional demand for office and hotel development.
Alternative C would allow for revised height standards at key Gateways and Nodes within
Special Areas along major transportation corridors at heights greater than those allowed
under Alternative B. The increases in heights and densities in key Nodes, Gateways and
Sub-areas are consistent with the City's goals of concentrating development along the five
mixed-use corridors. Alternative C also would increase residential allocations to the
amount necessary to meet the City's housing need of 1,002 units plus a moderate surplus of
25% to 40%, or approximately 1,250 to 1,400 units, and would increase the allocation of
residential units to accommodate 100 percent of Plan Bay Area projections for residential
growth by 2040.
As shown in Draft EIR Table 5-1 and the Supplemental Text Revisions, Land Use
Alternative C (analyzed as the "proposed Project" in the EIR) would allow for the following
new development allocations:
• Office allocations: approximately 4,040,231 square feet(net increase of 3,500,000
square feet from the 2000-2020 General Plan)
• Commercial allocation: approximately 1,343,679 square feet(net increase of 0
square feet from the 2000-2020 General Plan)11
• Hotel allocation: approximately 1,339 rooms (net increase of 1,000 rooms from the
2000-2020 General Plan)
• Residential allocation: 4,421 units (net increase of 2,526 units from the 2000-2020
General Plan)
Land Use Alternative C would meet all of the project objectives.
Increased allocation of office and residential development would mean more jobs and, as
people move to Cupertino to fill those jobs, a higher population. For example, Draft EIR
Table 5-2 projects a 70 percent greater increase in jobs and a 75 percent greater increase in
population under Alternative C compared to the increases under Alternative B. The
increased development and population growth resulting from the Alternative C office
allocation would have greater effects on the environment than the office allocation
component of Alternative B. Alternative B would reduce air quality impacts, as described in
the analysis of Impact AIR-1,because the Vehicle Miles Traveled (VMT) for Alternative B is
lower and reduces the impact to less than significant. See Draft EIR Table 5.5. In categories
where all of the alternatives were found to have significant and unavoidable impacts,
11 See footnote 9,above.
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namely air quality,noise, and traffic, Land Use C's office allocation would result in greater
environmental impacts, as it represents the greatest amount of development, which would
result in higher consumption of non-renewable resources, generate the greatest amount of
waste and pollutants, and increase the demand of public facilities and infrastructure.
For the foregoing reasons, Land Use Alternative C is hereby rejected as infeasible.
E. Environmentally Superior Alternative
In addition to the discussion and comparison of impacts of the Planning Commission
Recommendation and the Alternatives, Section 15126.6(e)(2) of the State CEQA Guidelines
requires that an "environmentally superior" alternative be selected and the reasons for such
a selection be disclosed. The environmentally superior alternative is the alternative that
would be expected to create the least significant environmental effects. Identification of the
environmentally superior alternative is an informational procedure and the alternative
selected may not be the alternative that best meets the goals or needs of Cupertino.
As shown in Draft EIR Table 5-5, the impacts associated with each of the four land use
scenarios analyzed in this EIR would essentially be the same. As previously stated, this is
because the recommended mitigation measures would apply to all of the alternatives, and
compliance with the General Plan policies designed to reduce environmental impacts would
also apply to all future development in Cupertino. However, as shown in Draft EIR Table 5-
5, for Land Use Alternative B air quality Impact AQ-1 (Conflict with or obstruct
implementation of the applicable air quality plan) would be less than significant for
Alternative B but would be significant and unavoidable for the other alternatives. That is
because the mix of development in Altemative B would increase office square footage,but
to all lesser extent than Alternative C, while at the same time increasing the residential
allocation unlike Alternative A and the No Project Alternative.
While Alternative C represents the maximum extent of residential development anticipated
by the Plan Bay Area for Cupertino by 2040, Alternative Cs higher increase in office square
footage (approximately 4,040,231 square feet compared to the lower office increase in
Alternative B of approximately 2,540,231 square feet), together with the total increase in
residential allocation, does not reflect a balanced jobs-housing ratio that results in lower per
capita VMT when compared to Alternative B. Under Alternative C, land uses allocations in
the General Plan would generate 897,419 VMT per day(10.47 miles per service population
per day in 2013). Based on the future estimates of VMT per person for Cupertino for year
2040, 1,264,271 VMT per day (10.94 miles per service population per day in 2040) would be
generated in Cupertino. Accordingly, the daily VMT in the Project Study Area under
Alternative C would increase at a slightly greater rate (40.9 percent)between 2013 and 2040
than would the service population of the Project Study Area (34.8 percent). In comparison,
under Alternative B,based on the future estimates of VMT per person for Cupertino for
year 2040, 1,097,596 VMT per day (10.24 miles per service population per day in 2040)
394\10\16184111
i2isi2oia l-34
would be generated in the City. Under Alternative B, daily VMT in the Project Siudy Area
would increase at a slower rate(22.3 percent)between 2013 and 2040 than would the service
population of the Project Study Area (25.0 percent). When the VMT increase is less than or
equal to the projected population increase, this represents a balanced jobs-housing ratio.
In identifying an Environmental Superior Alternative, the analysis in the EIR is based on the
principle that less development would mean reduced effects on the environment. Each
incremental increase in development allocations among the alternatives represents
increased population and activity which would result in increased noise, air quality,
greenhouse gas, traffic, and utilities impacts. Although a number of these impacts would be
significant and unavoidable under every alternative, the severity of the significant and
unavoidable impacts would vary according to the development allocations within a given
alternative. For example, while Land Use Alternative B would reduce Air Quality Impact
AQ-1, as described above in Section VIII.E, the No Project Alternative would be the
environmentally superior alternative because it would not allow for new development to
occur beyond what is currently planned for in the 2000-2020 General Plan, which would
result in the least amount of development in the City and thereby reduce the consumption
of renewable resources (e.g., lumber and water) and nonrenewable resources (e.g., fossil
fuels,natural gas, and gasoline). Less development would place fewer demands on public
service providers(which could require new facilities), would require fewer road, sewer,
water and energy infrastructure improvements, and would generate less waste, which
would overall reduce impacts on the environment.
In accordance with State CEQA Guidelines Section 15126.6(e)(2), if the environmentally
superior altemative is the No Project alternative, the EIR shall also identify an
environmentally superior alternative from among the other alternatives. Accordingly, the
environmentally superior alternative would be Land Use Alternative A,because less
development would occur compared to Land Use Alternative B and Land Use Alternative
C. Under Land Use Alternative A, the smallest amount of new office and commercial space
and new hotel rooms would be permitted compared to the other alternatives, and no new
residential units would be permitted beyond the allocations in the current General Plan.
For the foregoing reasons, Alternative A is considered the environmentally superior
alternative.
IX. INCORPORATION BY REFERENCE
These findings incorporate the text of the Final EIR for the Project, the Mitigation
Monitoring and Reporting Program, City staff reports relating to the Project and other
documents relating to public hearings on the Project,by reference, in their entirety. Without
limitation, this incorporation is intended to elaborate on the scope and nature of mitigation
measures, project and cumulative impacts, the basis for determining the significance of
394\10\I 61841 L 1
12/5/2014 I-35
impacts, the comparison of the alternatives to the Project, the determination of the
environmentally superior alternative, and the reasons for approving the Project.
X. RECORD OF PROCEEDINGS
Various documents and other materials related to the Project constitute the record of
proceedings upon which the City bases its findings and decisions contained herein. Those
documents and materials are located in the offices of the custodian for the documents and
materials, which is the City of Cupertino Community Development Department, Cupertino
City Hall, 10300 Torre Avenue, Cupertino, CA 95014-3202.
XI. NO RECIRCULATION REQUIRED
State CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for
further review and comment when "significant new information" is added to the EIR after
public notice is given of the availability of the Draft EIR but before certification. No
significant new information was added to the Draft EIR as a result of the public comment
process. The Final EIR responds to comments, and clarifies, amplifies and makes
insignificant modifications to the Draft EIR The Final EIR does not identify any new
significant effects on the environment or a substantial increase in the severity of an
environmental impact.
The EIR analyzes full buildout of 2040 growth for Cupertino as projected in Plan Bay Area.
The Approved Project consists of the same commercial and hotel development allocation
that were analyzed in the EIR for Alternative C, and reduced office and residential
development allocations from the amounts analyzed in the EIR for Alternative C.
The Priority Housing Element Sites in the Approved Project are 7 of the 19 sites analyzed in
the EIR. While the prioritization of the sites has been changed in the Approved Project and
some of the residential development is reassigned among the sites, the maximum heights
and densities for all of the Housing Element sites are within the heights and densities for
those sites that were analyzed in the EIR. Accordingly, all aspects of the maximum
development that could be built under the Approved Project were analyzed in the EIR.
For the foregoing reasons, recirculation of the Final EIR is not required.
XII. STATEMENT OF OVERRIDING CONSIDERATIONS
As set forth above, the City has found that the Approved Project will result in project and
cumulative significant adverse environmental impacts related to air quality,noise, and
traffic and transportation that cannot be avoided following adoption, incorporation into the
project, and implementation of mitigation measures described in the EIR. In addition, there
are no feasible project alternatives that would mitigate or avoid all of the Approved
Project's significant environmental impacts. Section 15093(b) of the State CEQA Guidelines
394\10\1618411.1
i2isi2oia l-36
provides that when the decision of the public agency results in the occurrence of significant
impacts that are not avoided or substantially lessened, the agency must state in writing the
reasons to support its actions. See also Public Resources Code Section 21081(b). Having
balanced the economic, legal, social, technological or other benefits of the Project, including
region-wide or statewide environmental benefits, against its significant and unavoidable
environmental impacts, the City finds that the Approved Project benefits outweigh its
unavoidable adverse environmental effects, and that the adverse environmental effects are
therefore acceptable.
The following statement identifies the reasons why, in the City's judgment, specific benefits
of the Approved Project outweigh the significant and unavoidable effects. The substantial
evidence supporting the benefits of the Approved Project can be found in the preceding
sections of these Findings, in the Project itself, and in the record of proceedings as defined in
Section X, above. The City further finds that each of the project benefits discussed below is a
separate and independent basis for these findings. The reasons set forth below are based on
the Final EIR and other information in the administrative record.
1) The Project provides for economic growth by creating the opportunity to revitalize the
Vallco Shopping District site with new housing and employment-related land uses.
This will attract new businesses and allow existing businesses to stay and grow within
the City, improve sales tax and property tax revenue to help the City maintain a
healthy fiscal balance to provide its residents with high quality services, and provide
needed housing for the City's employees.
2) The Project concentrates growth at locations with existing uses and, as a result,
potential future development under the Project would consist largely of either
redevelopment of existing building, selective demolition of existing structures and
replacement with new construction, or new infill development adjacent to existing
uses, all of which would serve to lessen environmental impacts.
3) The Project policies concentrating growth along transportation corridors and in
employment centers contributes to community goals of protecting the City's
neighborhoods and connectivity.
4) The Project includes policies that encourage conservation of water and energy
resources in conformance with the City's sustainability goals.
5) The Project is in conformance with the principles of planning sustainable communities
by meeting both the present and future housing needs of the City, and fulfills the City
Council's charge to prepare a Housing Element.
6) The Project meets the City's Regional Housing Needs Allocation(RHNA) of 1,064
units, and provides a moderate surplus above the City's housing need of 1,002 units,
394\10\16184111
12/5/2014 I-37
or approximately 1,400 units, to ensure that the City can provide its fair share of the
region's housing over the next 8 years.
7) The Project provides an opportunity to revitalize the Vallco Shopping District site and
transform it into a locally and regionally significant retail, employment, residential,
and entertainment destination, which would become the "downtown" of Cupertino.
XIII. SUMMARY
1. Based on the foregoing Findings and the information contained in the record, the
City has made one or more of the following Findings with respect to each of the
significant environmental effects of the Project:
a. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effects
identified in the Final EIR.
b. Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by that
other public agency.
c. Specific economic, legal, social, technological, or other considerations,make
infeasible the mitigation measures or alternatives identified in the Final EIR
that would otherwise avoid or substantially lessen the identified significant
environmental effects of the Project.
2. Based on the foregoing Findings and the information contained in the record, the
City determines that:
a. All significant effects on the environment due to the approval of the Project
have been eliminated or substantially lessened where feasible.
b. Any remaining significant effects on the environment found to be unavoidable
are acceptable due to the factors described in the Statement of Overriding
Considerations, above.
640687.9
394\10\1618411.1
i2isizoia l-38
EXHIBIT EA-2
Mitigation Monitoring and Reporting Program
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the General Plan
Amendment,Housing Element LIpdate and Associated Rezoning Project.The purpose of the MMRP is to
ensure the implementation of mitigation measures identified as part of the environmental review for the
proposed Project.The MMRP includes the following information:
■ The full text of the mitigation measures;
■ The party responsible for implementing the mitigation measures;
■ The timing for implementation of the mitigation measure;
• The agency responsible for monitoring the implementation; and
■ The monitoring action and frequency.
The City of Cupertino must adopt this MMRP, or an equally effective program,if it approves the proposed
Project with the mitigation measures that were adopted or made conditions of project approval.
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