Report 02-359 Attachment 3
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PLANNING DIVISION |
File Number: 2001-0354,2001-0355 2001-0356, 2002-0390 No. 02-14 |
MITIGATED NEGATIVE DECLARATION
This Mitigated 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 General Plan Amendment, Rezone, Special Development Permit and Tentative Map by Classic Communities.
PROJECT DESCRIPTION AND LOCATION
(APN):
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 on information provided by the applicant in an "Application for Environmental Clearance" and is based on the fact that sufficient environmental controls are incorporated in the Zoning and Subdivision regulations as to ensure no significant detrimental effect; and that site and architectural control will be exercised over the proposed development by the Planning Commission and City Council. 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 Mitigated 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.
MITIGATION MEASURES:
NOISE (a) Due to the proximity of certain residential units to Mary and Washington Avenues, certain mitigation measures are required to ensure adequate decibel levels inside the house and in the exterior yard area. A noise consultant, Charles M Salter Associates, Inc., conducted a professional evaluation of the area and determined that the following measures are necessary to ensure no more than an Ldn of 45dB with doors and windows closed and an exterior noise exposure Ldn of no more than 60dB.
How: Indicate each home and show details of both window and mechanical ventilation systems on the building permit plans.
When: Prior to building permit final.
Who: The City will require this to be indicated on the building permit plans prior to issuance.
How: Indicate the location and type of fencing for Lot 27 on the building permit plans. Include details that show material complies with these requirements.
When: Prior to building permit final.
Who: The City will require this to be indicated on the building permit plans prior to issuance.
How: Submit a roof plan showing the type of equipment proposed and an associated noise study analyzing the extent of the noise and it’s effect on surrounding properties. This study should suggest any requirements needed to mitigate noise to acceptable levels as indicated in the Noise Sub-element.
When: Prior to building permit issuance.
Who: The City will require this to be analyzed and all applicable measures to be indicated on the building permit plans prior to issuance.
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Circulated On: July 31, 2002_____ |
Signed: |
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Adopted On: |
Verified: |
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INITIAL STUDY Department of Community Development Planning Division P.O.Box 3707 Sunnyvale, CA 94088-3707 |
Project #: 2001-0354 GPA, 2001-0355 RZ, 2001-0356 SDP, 2002-0390 TM Project Address: 1002 W. Washington Avenue, Sunnyvale Applicant: Classic Communities, Inc. |
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1. |
Project Title: |
Mary Manor Redevelopment |
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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: |
1002 W. Washington Avenue |
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5. |
Project Sponsor’s Name and Address: |
Scott Ward, Classic Communities, 1068 East Meadow Circle, Palo Alto, CA 94303 |
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6. |
General Plan Designation: |
Existing: Commercial Neighborhood Shopping |
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7. |
Zoning: |
Existing: C-1 |
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8. |
Description of the Project: See end of checklist for description. |
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9. |
Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings) |
North: Across Washington, vacant parcel and apartments |
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10. |
Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement). |
Building Safety Division |
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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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Aesthetics |
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Hazards & Hazardous Materials |
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Public Services |
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Agricultural Resources |
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Hydrology/Water Quality |
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Recreation |
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Air Quality |
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Land Use/Planning |
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Transportation/Traffic |
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Biological Resources |
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Mineral Resources |
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Utilities/Service Systems |
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Cultural Resources |
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Noise |
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Mandatory Findings of Significance |
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Geology/Soils |
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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. |
T |
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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. |
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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. |
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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. |
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Signature Date
Diana O’Dell
Associate Planner City of Sunnyvale
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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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2, 94 |
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2, 94 |
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2, 94, 101 |
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2, 94 |
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3, 97, 100, 111, |
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3, 97, 100, 111, |
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3, 96, 97, 100, 111, |
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62, 63, 111, 112 |
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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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2, 94, 111, 112, 109 |
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2, 94, 111, 112, 109 |
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2, 94, 111, 112, 109 |
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2, 94, 111, 112, 109 |
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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 |
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2, 41, 94, 111, 112 |
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10, 42, 60, 61, 94, 111 |
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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 |
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10, 42, 94, 111 |
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2, 111, 112 |
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2, 11, 12, 21, 28 |
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31, 28, 111 |
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2, 41, 94, 111 |
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2, 94, |
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2, 94 |
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See disc. And mitigation measures |
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2, 16, 26, 94, 111, 112 |
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2, 16, 26, 94, 111, 112 |
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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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T |
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See disc. |
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2, 11, 111, 112, |
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2, 11, 111, 112 |
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See disc. |
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UFC/UBC/SVMC |
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2, 111, 112 |
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1, 2, 111, 112 |
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e) Police protection? |
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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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2, 10, 26, 42, 59, 60, 61, 111, 112 |
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1, 2, 111, 112 |
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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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a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: |
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q |
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UBC, UPC, UMC, NEC |
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See disc. |
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q |
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T |
" |
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q |
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T |
" |
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" |
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" |
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" |
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" |
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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 |
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2, 20, 24, , 87, 88, 89, 90, 111, 112 |
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2, 20, 24, 25 , 87, 88, 89, 111, 112 |
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2, 20, 24, 25, 87, 88, 89, 111, 112 |
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2, 20, 24, 25, 87, 88, 89, 111, 112 |
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2, 20, 24, 25, 87, 88, 89, 90, 111, 112 |
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2, 22, 90, 111, 112 |
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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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2, 12, 71, 75, 76, 77, 111, 112 |
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2, 71, 75, 76, 77, 80, 84, 111, 112, |
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2, 111, 112, 113 |
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2, 12, 71, 75, 76, 77, 80, 84, 111, 112, |
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2, 111, 112 |
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See disc. |
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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 |
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T |
UFC/UBC/SVMC |
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q |
q |
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T |
UFC/UBC/SVMC |
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q |
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UFC/UBC/SVMC |
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q |
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T |
UFC/UBC/SVMC |
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q |
q |
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T |
UFC/UBC/SVMC |
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q |
q |
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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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2, 18, 111, 112 |
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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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94 |
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94 |
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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 |
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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 |
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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 |
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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 |
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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 |
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2, 24, 25, 111, 112 |
f) Otherwise substantially degrade water quality? |
q |
q |
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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 |
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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 |
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2, 19, 24, 25, 111, 112 |
j) Inundation by seiche, tsunami, or mudflow? |
q |
q |
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2, 19, 24, 25, 111, 112 |
PROJECT DESCRIPTION
The 4-acre project site is located along Mary Avenue, a Class 2 Arterial Road. The site is bordered on three sides by roads: Mary Avenue, West Washington Avenue and Leota Avenue. The site is currently developed with a one-story 36,000 sq. ft. shopping center. Most of the site is used as the parking lot, and almost all significant landscaping is located at the perimeter of the site in the public right of way.
The immediately adjacent uses consist of medium density residential uses such as apartments and townhomes. There is a vacant parcel directly to the north of the site. A detached single family neighborhood lies beyond these apartments and townhomes. Both Vargas Elementary School and St. Cyprian School are located within 1,000 ft. of the project site.
The proposed project uses 2.87 acres of the parcel for 31 detached single-family homes. Private roadways provide access to these homes. The remaining 1.13 acres along Mary Avenue will be used for an approximately 12,276 sq. ft. commercial building. A pedestrian walkway links the residential portion to a new commercial site.
To achieve this, a General Plan Amendment, Rezone, Special Development Permit and Tentative Map must be approved.
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.POPULATION AND HOUSING (a) The project will be adding 31 residential units to the City’s Housing stock, which will increase the population in that section of the City. However, The City contains approximately 50,000 housing units, and this proposed increase is not substantial in relation to the existing population or adequacy of infrastructure to support it.
PUBLIC SERVICES – PARKS (a) The development of detached single family homes increases the demand on park services in the area. The City’s standard is 6.3 acres of parkland per 1000 population. In order to address this additional demand, Sunnyvale Municipal Code Chapter 18.10 requires the developer of any new residential development to pay park fees prior to approval of the Final Map. These monies are intended to allow the City to buy additional land for park areas within the City.
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.
TRANSPORTATION AND TRAFFIC (f) The project may propose some deviations from the parking standard. As part of their review, the Planning Commission and City Council will review the analysis provided by staff and make their decision based on adequacy of parking provided, among other factors.
DISCUSSION OF IMPACTS THAT ARE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED
NOISE (a) Due to the proximity of certain residential units to Mary and Washington Avenues, certain mitigation measures are required to ensure adequate decibel levels inside the house and in the exterior yard area. A noise consultant, Charles M Salter Associates, Inc., conducted a professional evaluation of the area and determined that the following measures are necessary to ensure no more than an Ldn of 45dB with doors and windows closed and an exterior noise exposure Ldn of no more than 60dB.
How: Indicate each home and show details of both window and mechanical ventilation systems on the building permit plans.
When: Prior to building permit final.
Who: The City will require this to be indicated on the building permit plans prior to issuance.
How: Indicate the location and type of fencing for Lot 27 on the building permit plans. Include details that show material complies with these requirements.
When: Prior to building permit final.
Who: The City will require this to be indicated on the building permit plans prior to issuance.
How: Submit a roof plan showing the type of equipment proposed and an associated noise study analyzing the extent of the noise and it’s effect on surrounding properties. This study should suggest any requirements needed to mitigate noise to acceptable levels as indicated in the Noise Sub-element.
When: Prior to building permit issuance.
Who: The City will require this to be analyzed and all applicable measures to be indicated on the building permit plans prior to issuance.
Completed By: Diana O’Dell, Associate Planner
Date: August 1, 2002|
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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16. Noise 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 |
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