RTC 02-354 Attachment 3
NEGATIVE DECLARATION
This Negative Declaration has been prepared in compliance with the provisions of the California Environmental Quality Act of 1970, as amended, and Resolution #193-86.PROJECT TITLE:
Application for a Rezone, Special Development Permit and Tentative Map by Jeff Kwok.
PROJECT DESCRIPTION AND LOCATION (APN):
Application for related proposals on 985 Bellomo Avenue in an R-3 (Medium Density Residential) Zoning District. (APN: 211-16-004)
FINDINGS:
The Director of Community Development of the City of Sunnyvale, California, hereby determines that an environmental impact report is not required. There are sufficient environmental controls incorporated into the zoning regulations to ensure no significant detrimental effect.
The above determination is based upon information provided by the applicant in an "Application for Environmental Clearance" and is based on the fact that the use is not in conflict with the Adopted General Plan, the Zoning Ordinance and the Subdivision Ordinance; that the use is normally allowed as a matter of right in the basic Zoning District; that sufficient environmental controls are incorporated in the Zoning and Subdivision regulations as to ensure no significant detrimental effect; and that the use would be in keeping with the character of the proposed Zoning District; that site and architectural control will be exercised over the proposed development by the Planning Commission and City Council; that sufficient environmental controls are incorporated in the Zoning and Subdivision regulations to ensure no significant detrimental effect by any proposed use, in the case of a PD overlay or any application for Special Development Permit by the City. No endangered species are known to depend on this site for habitat.
Any person prior to 5:00 p.m. on Tuesday, August 22, 2002 may protest this Negative Declaration in writing. Such protest shall be filed in the Department of Community Development, 456 W. Olive Avenue, Sunnyvale and shall include a written statement specifying anticipated environmental effects which may be significant. A protest of a Negative Declaration will be considered by the adopting authority, whose action on the protest may be appealed.
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Circulated On July 31, 2002 |
Signed:Fred Bell, Principal Planner |
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Adopted On ___________________ |
Verified:Fred Bell, Principal Planner |
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File Number: 2002-0480 |
California Department of Fish and Game
PROJECT TITLE/LOCATION (INCLUDE COUNTY):
The Rezone, Special Development Permit and Tentative Map are located on 985 Bellomo Avenue, City of Sunnyvale, County of Santa Clara in an R-3 (Medium Density Residential) Zoning District. APN: 211-16-004
PROJECT DESCRIPTION:
Application for related proposals on 985 Bellomo Avenue in an R-3 (Medium Density Residential) Zoning District. (APN: 211-16-004)
FINDINGS OF EXEMPTION:
This project is in an urban setting.
There is no alteration of land or effect on fish or wildlife.
CERTIFICATION:
I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
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Fred Bell |
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Title: Principal Planner, Community Development |
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Lead Agency: City of Sunnyvale |
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Date: |
DFG: 3/94
Planner
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INITIAL STUDY Planning Division |
Project #: 2002-0480 RZ, SDP and TM Project Address: 985 Bellomo Avenue, Sunnyvale Applicant: Jeff Kwok |
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1. |
Project Title: |
Four Townhouses at 985 Bellomo |
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2. |
Lead Agency Name and Address: |
City of Sunnyvale, Community Development Department, Planning Division |
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3. |
Contact Person and Phone Number: |
Diana O’Dell (408) 730-7452 |
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4. |
Project Location: |
985 Bellomo Avenue |
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5. |
Project Sponsor’s Name and Address: |
Jeff Kwok 370 Distel Circle, #A168, Los Altos, CA 94022 |
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6. |
General Plan Designation: |
Residential Medium Density |
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7. |
Zoning: |
R-3 (Proposed R-3/PD) |
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8. |
Description of the Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. (Attach additional sheets if necessary) |
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The applicant proposes four townhouses on a 9,983 s.f. lot for a density of 17.4 du/acre. The proposed development will be three stories tall with a garage submerged below grade. The unit sizes range from 2200 sq. ft. to 2300 sq. ft. The project may involve the removal of one significant tree. This project requires a three-part application: a rezone from R-3 to R-3/PD, a Special Development Permit for the construction of the townhouse units and a tentative map to subdivide the lot into 4 lots with one common lot. |
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9. |
Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings) |
North: Single Family Home South: Duplex East: Across Bellomo Ave., Vacant Lot and Townhomes West: Apartments Surrounding Zoning and Uses are reflective of a neighborhood transitioning from single family and duplex to medium density residential development. |
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10. |
Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement). |
Building Safety Division Public Works Department. |
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: |
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The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. |
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q |
Aesthetics |
q |
Hazards & Hazardous Materials |
q |
Public Services |
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q |
Agricultural Resources |
q |
Hydrology/Water Quality |
q |
Recreation |
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q |
Air Quality |
q |
Land Use/Planning |
q |
Transportation/Traffic |
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q |
Biological Resources |
q |
Mineral Resources |
q |
Utilities/Service Systems |
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q |
Cultural Resources |
q |
Noise |
q |
Mandatory Findings of Significance |
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q |
Geology/Soils |
q |
Population/Housing |
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DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
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I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. |
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I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. |
q |
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I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. |
q |
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I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. |
q |
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I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. |
q |
Signature Date
Diana O’Dell, Associate Planner
City of Sunnyvale
Printed Name For (Lead Agency)
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EVALUATION OF ENVIRONMENTAL IMPACTS |
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1) |
A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). |
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2) |
All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. |
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3) |
Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. |
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4) |
"Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). |
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5) |
Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (d). In this case, a brief discussion should identify the following:
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6) |
Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. |
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7) |
Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. |
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8) |
This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. |
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9) |
The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significance. |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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q |
q |
q |
T |
2, 94 |
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q |
q |
q |
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2, 94 |
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q |
q |
q |
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2, 94, 101 |
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q |
q |
q |
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2, 94 |
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q |
q |
q |
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3, 97, 100, 111, |
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q |
q |
q |
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3, 97, 100, 111, |
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q |
q |
q |
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3, 96, 97, 100, 111, |
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q |
q |
q |
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62, 63, 111, 112 |
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q |
q |
q |
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111, 112 |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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III. BIOLOGICAL RESOURCES: |
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q |
q |
q |
T |
2, 94, 111, 112, 109 |
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q |
q |
q |
T |
2, 94, 111, 112, 109 |
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q |
q |
q |
T |
2, 94, 111, 112, 109 |
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q |
q |
q |
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2, 94, 111, 112, 109 |
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q |
q |
q |
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41, 94, 111, 112 |
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, or state habitat conservation plan? |
q |
q |
q |
T |
2, 41, 94, 111, 112 |
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q |
q |
q |
T |
10, 42, 60, 61, 94, 111 |
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q |
q |
q |
T |
10, 42, 94, |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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q |
q |
q |
T |
10, 42, 94, 111 |
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q |
q |
q |
T |
2, 111, 112 |
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q |
q |
q |
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2, 11, 12, 21, 28 |
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q |
q |
q |
T |
31, 28, 111 |
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q |
q |
q |
T |
2, 41, 94, 111 |
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q |
q |
q |
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2, 94, |
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q |
q |
q |
T |
2, 94 |
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q |
q |
T |
q |
See discusion |
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q |
q |
q |
T |
2, 16, 26, 94, 111, 112 |
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q |
q |
q |
T |
2, 16, 26, 94, 111, 112 |
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q |
q |
T |
q |
Discus-sion at end of check-list |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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q |
q |
q |
T |
2, 11, 111, 112 |
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q |
q |
q |
T |
2, 11, 111, 112, |
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q |
q |
q |
T |
2, 11, 111, 112 |
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q |
q |
q |
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2, 18, 111, 112 |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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q |
q |
q |
T |
2, 111, 112 |
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q |
q |
q |
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1, 2, 111, 112 |
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e) Police protection? |
q |
q |
q |
T |
26, 65, 66, 103, 104 |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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Planning Division Checklist (8 of 8) |
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q |
q |
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2, 10, 26, 42, 59, 60, 61, 111, 112 |
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q |
q |
q |
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1, 2, 111, 112 |
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q |
q |
q |
T |
111, 112 |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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Building & Safety Division Checklist (1 of 1) |
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a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: |
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q |
q |
q |
T |
UBC, UPC, UMC, NEC |
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q |
q |
T |
q |
See disc. |
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q |
q |
q |
T |
" |
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q |
q |
q |
T |
" |
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q |
q |
q |
T |
" |
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q |
q |
q |
T |
" |
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q |
q |
q |
T |
" |
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q |
q |
q |
T |
" |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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q |
q |
q |
T |
2, 20, 24, , 87, 88, 89, 90, 111, 112 |
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q |
q |
q |
T |
2, 20, 24, 25 , 87, 88, 89, 111, 112 |
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q |
q |
q |
T |
2, 20, 24, 25, 87, 88, 89, 111, 112 |
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q |
q |
q |
T |
2, 20, 24, 25, 87, 88, 89, 111, 112 |
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q |
q |
q |
T |
2, 20, 24, 25, 87, 88, 89, 90, 111, 112 |
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q |
q |
q |
T |
2, 22, 90, 111, 112 |
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q |
q |
q |
T |
2, 22, 90, 111, 112 |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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q |
q |
q |
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2, 12, 71, 75, 76, 77, 111, 112 |
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q |
q |
q |
T |
2, 71, 75, 76, 77, 80, 84, 111, 112, |
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q |
q |
q |
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2, 111, 112, 113 |
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q |
q |
q |
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2, 12, 71, 75, 76, 77, 80, 84, 111, 112, |
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q |
q |
q |
T |
2, 111, 112 |
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q |
q |
q |
T |
2, 37, 111, 112 |
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q |
q |
q |
T |
2, 12, 81, 111, 112 |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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q |
q |
q |
T |
UFC/UBC/SVMC |
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Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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q |
q |
q |
T |
2, 18, 111, 112 |
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q |
q |
q |
T |
2, 18, 111, 112 |
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XIX. AGRICULTURE RESOURCES : In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project? |
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q |
q |
q |
T |
94 |
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q |
q |
q |
T |
94 |
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q |
q |
q |
T |
94 |
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HYDROLOGY AND WATER QUALIT Y. Would the project: |
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a) Violate any water quality standards or waste discharge requirements? |
q |
q |
q |
T |
2, 24, 25, 111, 112 |
b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? |
q |
q |
q |
T |
2, 24, 25, 111, 112 |
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Issues and Supporting Information
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Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?
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q |
q |
q |
T |
2, 24, 25, 111, 112 |
d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? |
q |
q |
q |
T |
2, 24, 25, 111, 112 |
e) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? |
q |
q |
q |
T |
2, 24, 25, 111, 112 |
f) Otherwise substantially degrade water quality? |
q |
q |
q |
T |
2, 24, 25, 111, 112 |
g) Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? |
q |
q |
q |
T |
2, 12, 19, 24, 111, 112 |
h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? |
q |
q |
q |
T |
2, 19, 24, 111, 112 |
i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? |
q |
q |
q |
T |
2, 19, 24, 25, 111, 112 |
j) Inundation by seiche, tsunami, or mudflow? |
q |
q |
q |
T |
2, 19, 24, 25, 111, 112 |
DISCUSSION OF IMPACTS THAT ARE LESS THAN SIGNIFICANT
NOISE (d) Although the site is already developed, the project will introduce short-term and temporary additional sources of noise to the project area during construction. Through the City’s implementation of the Municipal Code noise regulations, this impact will be lessened to a less than significant level during construction.
GEOLOGY AND SOILS (ii) and (iii) The project site is not located in an area with any active faults, but may experience strong seismic ground shaking in the event of an earthquake. Through the City’s implementation of the Uniform Building Code requirements for area’s with potential for seismic activity this aspect of the project will be reduced to a less than significant level.
Completed By: Diana O’Dell, Associate Planner Date: July 29, 2002
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1. City of Sunnyvale General Plan: |
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2. Map |
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3. Air Quality Sub-Element |
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4. Community Design Sub-Element |
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5. Community Participation Sub-Element |
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6. Cultural Arts Sub-Element |
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7. Executive Summary |
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8. Fire Services Sub-Element |
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9. Fiscal Sub-Element |
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10. Heritage Preservation Sub-Element |
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11. Housing & Community Revitalization Sub-Element |
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12. Land Use & Transportation Sub-Element |
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13. Law Enforcement Sub-Element |
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14. Legislative Management Sub-Element 15. Library Sub-Element |
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16. Noise Sub-Element |
| 17. Open Space Sub-Element. |
| 18. Recreation Sub-Element |
| 19. Safety & Seismic Safety Sub-Element |
| 22. Sanitary Sewer System Sub-Element |
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21. Socio-Economic Sub-Element 22. Solid Waste Management Sub-Element |
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23. Support Services Sub-Element 24. Surface Run-off Sub-Element |
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25. Water Resources Sub-Element |
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26. City of Sunnyvale Municipal Code: |
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27. Chapter 10 |
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28. Zoning Map |
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29. Chapter 19.42. Operating Standards |
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30. Chapter 19.28. Downtown Specific Plan District |
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31. Chapter 19.18. Residential Zoning Districts |
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32. Chapter 19.20. Commercial Zoning Districts |
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33. Chapter 19.22. Industrial Zoning Districts |
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34. Chapter 19.24. Office Zoning Districts |
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35. Chapter 19.26. Combining Zoning Districts |
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36. Chapter 19.28. Downtown Specific Plan |
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37. Chapter 19.46. Off-Street Parking & Loading |
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38. Chapter 19.56. Solar Access |
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39. Chapter 19.66. Affordable Housing |
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40. Chapter 19.72. Conversion of Mobile Home Parks to Other Uses |
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41. Chapter 19.94. Tree Preservation |
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42. Chapter 19.96. Heritage Preservation |
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Specific Plans |
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43. El Camino Real Precise Plan |
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44. Lockheed Site Master Use Permit |
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45. Moffett Field Comprehensive Use Plan |
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46. 101 & Lawrence Site Specific Plan |
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47. Southern Pacific Corridor Plan |
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Environmental Impact Reports |
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48. Futures Study Environmental Impact Report |
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49. Lockheed Site Master Use Permit Environmental Impact Report |
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50. Tasman Corridor LRT Environmental Impact Study (supplemental) |
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51. Kaiser Permanente Medical Center Replacement Center Environmental Impact Report (City of Santa Clara) |
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52. Downtown Development Program Environmental Impact Report |
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53. Caribbean-Moffett Park Environmental Impact Report |
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54. Southern Pacific Corridor Plan Environmental Impact Report |
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Maps |
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55. City of Sunnyvale Aerial Maps |
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56. Flood Insurance Rate Maps (FEMA) |
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57. Santa Clara County Assessors Parcel |
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58. Utility Maps (50 scale) |
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Lists/Inventories |
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59. Sunnyvale Cultural Resources Inventory List |
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60. Heritage Landmark Designation List |
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61. Santa Clara County Heritage Resource Inventory |
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62. Hazardous Waste & Substances Sites List (State of California) |
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63. List of Known Contaminants in Sunnyvale |
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Legislation/Acts/Bills/Codes |
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64. Subdivision Map Act |
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65. Uniform Fire Code, including amendments per SMC adoption |
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66. National Fire Code (National Fire Protection Association) |
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67. Title 19 California Administrative Code |
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68. California Assembly Bill 2185/2187 (Waters Bill) |
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69. California Assembly Bill 3777 (La Follette Bill) |
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70. Superfund Amendments & Reauthorization Act (SARA) Title III |
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Transportation |
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71. California Department of Transportation Highway Design Manual |
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72. California Department of Transportation Traffic Manual |
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73. California Department of Transportation Standard Plan |
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74. California Department of Transportation Standard Specification |
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75. Institute of Transportation Engineers - Trip Generation |
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76. Institute of Transportation Engineers Transportation and Traffic Engineering Handbook |
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77. U.S. Dept. of Transportation Federal Highway Admin. Manual on Uniform Traffic Control Devices for Street and Highways |
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78. California Vehicle Code |
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79. Traffic Engineering Theory & Practice by L. J. Pegnataro |
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80. Santa Clara County Congestion Management Program and Technical Guidelines |
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81. Santa Clara County Transportation Agency Short Range Transit Plan |
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82. Santa Clara County Transportation Plan |
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83. Traffic Volume Studies, City of Sunnyvale Public works Department of Traffic Engineering Division |
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84. Santa Clara County Sub-Regional Deficiency Plan |
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85. Bicycle Plan |
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Public Works |
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86. Standard Specifications and Details of the Department of Public Works |
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87. Storm Drain Master Plan |
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88. Sanitary Sewer Master Plan |
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89. Water Master Plan |
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90. Solid Waste Management Plan of Santa Clara County |
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91. Geotechnical Investigation Reports |
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92. Engineering Division Project Files |
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93. Subdivision and Parcel Map Files |
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Miscellaneous |
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94. Field Inspection |
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95. Environmental Information Form |
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96. Annual Summary of Containment Excesses (BAAQMD) |
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97. Current Air Quality Data |
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98. Chemical Emergency Preparedness Program (EPA) Interim Document in 1985?) |
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99. Association of Bay Area Governments (ABAG) Population Projections |
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100. Bay Area Clean Air Plan |
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101. City-wide Design Guidelines |
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102. Industrial Design Guidelines |
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Building Safety |
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103. Uniform Building Code, Volume 1, (Including the California Building Code, Volume 1) |
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104. Uniform Building Code, Volume 2, (Including the California Building Code, Volume 2) |
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105. Uniform Plumbing Code, (Including the California Plumbing Code) |
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106. Uniform Mechanical Code, (Including the California Mechanical Code) |
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107. National Electrical Code (Including California Electrical Code) |
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108. Title 16 of the Sunnyvale Municipal Code |
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Additional References |
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109. USFWS/CA Dept. F&G Special Status Lists |
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110. Project Traffic Impact Analysis |
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111. Project Description |
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112. Project Development Plans |
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113. Santa Clara County Airport Land Use Plan |
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114. Federal Aviation Administration |
Return to RTC# 02-354