RTC 03-171 Attachment 3
NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION
This form is provided as a notification of an intent to adopt a Negative Declaration which 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 Pacific Peninsula Group.
PROJECT DESCRIPTION AND LOCATION (APN):
2003-0102 - Pacific Peninsula Group [Applicant] Sun Pacific, LLC [Owner]: Application for related proposals on a 38,303 square foot site located at 759 & 775 Carmel Avenue in an R-3 (Medium-Density Residential) Zoning District. (APN: 205-15-036)
WHERE TO VIEW THIS DOCUMENT:
The Negative Declaration, its supporting documentation and details relating to the project are on file and available for review and comment in the Office of the Secretary of the Planning Commission, City Hall, 456 West Olive Avenue, Sunnyvale.
Any person prior to 5:00 p.m. on Tuesday, March 18, 2003 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.
HEARING INFORMATION:
A public hearing on the project is scheduled for:
Monday, March 24, 2003 by the Planning Commission at 8:00 p.m. in the Council Chambers, City Hall, 456 West Olive Avenue, Sunnyvale; and,
Tuesday, April 8, 2003 by the City Council at 7:30 p.m. in the Council Chambers, City Hall, 456 West Olive Avenue, Sunnyvale, CA.
TOXIC SITE INFORMATION:
(No) listed toxic sites are present at the project location.
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Circulated On February 26, 2003 |
Signed: Fred Bell, Principal Planner |
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 Pacific Peninsula Group.
PROJECT DESCRIPTION AND LOCATION (APN):
2003-0102 - Pacific Peninsula Group [Applicant] Sun Pacific, LLC [Owner]: Application for related proposals on a 38,303 square foot site located at 759 & 775 Carmel Avenue in an R-3 (Medium-Density Residential) Zoning District. (APN: 205-15-036)
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 and Subdivision regulations to ensure no significant detrimental effect by any proposed use, in the case of a PD overlay or any application for a Special Development Permit; site and architectural control will be exercised by the Planning Commission and City Council.
The above determination is based upon the initial study conducted in this matter, information provided by the applicant in an "Application for Environmental Clearance" and is based on the fact that the use is in keeping with the adopted General Plan, Zoning Ordinance and Subdivision Ordinance; that the use would be in keeping with the character of the proposed Zoning District. No endangered species are known to depend on this site for habitat.
Any person prior to 5:00 p.m. on Tuesday, March 18, 2003 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 February 26, 2003 |
Signed: |
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Adopted On _________________________ |
Verified: |
California Department of Fish and Game
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
PROJECT TITLE/LOCATION (INCLUDE COUNTY):
The Rezone, Special Development Permit and Tentative Map are located on 759 & 775 Carmel Avenue, City of Sunnyvale, County of Santa Clara in an R-3 (Medium-Density Residential) Zoning District. (APN: 205-15-036)
PROJECT DESCRIPTION:
2003-0102 - Pacific Peninsula Group [Applicant] Sun Pacific, LLC [Owner]: Application for related proposals on a 38,303 square foot site located at 759 & 775 Carmel Avenue in an R-3 (Medium-Density Residential) Zoning District. (APN: 205-15-036)
FINDINGS OF EXEMPTION:
1. This project is in an urban setting.
2. 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.
| 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: February 27, 2003 |
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City of Sunnyvale Planning Division |
INITIAL STUDY Project Address: 759 & 775 Carmel Avenue Applicant: Sun Pacific, LLP |
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1. |
Project Title: |
Twenty-Four Townhouses at 759 & 775 Carmel Avenue |
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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: |
Ryan M. Kuchenig |
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4. |
Project Location: |
759 & 775 Carmel Avenue |
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5. |
Project Sponsor’s Name and Address: |
Sun Pacific, LLP - 718 Oak Grove Avenue, Menlo Park, CA 94025
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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) The applicant proposes twenty-four townhouses on a 38,303 s.f lot for a density of 27.3 du/acre. The proposed development will be three stories in height. The units will include either one or two car garages. The unit sizes range from 1,358 sq. ft. to 1,937 sq. ft. This project requires a three-part application: a re-zone 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 24 lots with one common lot. |
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9. |
Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings)
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North: Elementary School Surrounding Zoning and Uses of the area include mostly of residential medium density development. A public facility use (elementary school) lies to the north of the project site. |
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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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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. |
x |
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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 |
| Ryan Kuchenig____ | Date |
| Signature | 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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Planning Division Checklist (4 of 8) |
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q |
q |
q |
x |
2, 94 |
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q |
q |
q |
x |
2, 94 |
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q |
q |
q |
x |
2, 94, 101 |
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q |
q |
q |
x |
2, 94 |
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q |
q |
q |
x |
3, 97, 100, 111 |
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q |
q |
q |
x |
3, 97, 100, 111 |
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q |
q |
q |
x |
3, 96, 97, 100, 111 |
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q |
q |
q |
x |
62, 63, 111, 112 |
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q |
q |
q |
x |
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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Planning Division Checklist (5 of 8) |
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III. BIOLOGICAL RESOURCES: |
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q |
q |
q |
x |
2, 94, 111, 112, 109 |
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q |
q |
q |
x |
2, 94, 111, 112, 109 |
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q |
q |
q |
x |
2, 94, 111, 112, 109 |
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q |
q |
q |
x |
2, 94, 111, 112, 109 |
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q |
q |
q |
x |
41, 94, 111, 112, 109 |
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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 |
x |
2, 41, 94, 111, 112, |
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q |
q |
q |
x |
10, 42, 60, 61 94, 111 |
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q |
q |
q |
x |
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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Planning Division Checklist (6 of 8) |
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q |
q |
q |
x |
10, 42, 94, 111 |
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q |
q |
q |
x |
2, 111, 112 |
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q |
q |
q |
x |
2, 11, 12, 21, 28 |
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q |
q |
q |
x |
31, 28 111, |
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q |
q |
q |
x |
2, 41, 94, 111 |
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q |
q |
q |
x |
2, 94 |
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q |
q |
q |
x |
2, 94 |
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q |
q |
q |
x |
2, 16, 26, 94, 111, 112 |
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q |
q |
q |
x |
2, 16, 26, 94, 111, 112 |
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q |
q |
q |
x |
2, 16, 26, 94, 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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Planning Division Checklist (7 of 8) |
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q |
q |
x |
q |
Discus-sion at end of check-list |
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q |
q |
q |
x |
2, 16, 94, 11, 112, 113 |
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q |
q |
q |
x |
2, 16, 94, 111, 112 |
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q |
q |
x |
q |
2, 11, 111, 112 |
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q |
q |
q |
x |
2, 11, 111, 112 |
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q |
q |
q |
x |
2, 11, 111, 112 |
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q |
q |
q |
x |
2, 111, 112 |
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b. Other public facilities? |
q |
q |
q |
x |
2, 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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Planning Division Checklist (8 of 8) |
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q |
q |
q |
x |
2, 10, 26, 42, 59, 60, 61, 111, 112 |
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q |
q |
q |
x |
1, 2, 111, 112 |
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q |
q |
q |
x |
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 |
x |
UBC, UDC, UNC, NEC |
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q |
q |
x |
q |
See disc. |
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q |
q |
q |
x |
" |
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q |
q |
q |
x |
" |
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q |
q |
q |
x |
" |
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q |
q |
q |
x |
" |
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q |
q |
q |
x |
" |
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q |
q |
q |
x |
" |
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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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Public Works Department Checklist (1 of 1) |
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q |
q |
q |
x |
2, 20, 24, 87, 88, 89, 90, 111, 112 |
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q |
q |
q |
x |
2, 20, 24, 87, 88, 89, 90, 111, 112 |
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q |
q |
q |
x |
2, 20, 24, 87, 88, 89, 90, 111, 112 |
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q |
q |
q |
x |
2, 20, 24, 87, 88, 89, 90, 111, 112 |
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q |
q |
q |
x |
2, 20, 24, 87, 88, 89, 90, 111, 112 |
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q |
q |
q |
x |
2, 22, 90, 111, 112 |
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q |
q |
q |
x |
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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Traffic Division Public Works Department Checklist (1 of 1) |
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q |
q |
q |
x |
2, 12, 71, 75, 76, 77, 111, 112 |
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q |
q |
q |
x |
2, 71, 75, 76, 77, 80, 84, 111, 112 |
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q |
q |
q |
x |
2, 111, 112, 113 |
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q |
q |
q |
x |
2, 12, 71, 75, 76, 77, 80, 84, 111, 112 |
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q |
q |
q |
x |
2, 111, 112, |
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q |
q |
q |
x |
2, 37, 111, 112 |
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q |
q |
q |
x |
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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Fire Division Public Safety Department Checklist (1 of 2) |
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q |
q |
q |
x |
UFC/UBC/SVMC |
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q |
q |
q |
x |
UFC/UBC/SVMC |
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q |
q |
q |
x |
UFC/UBC/SVMC |
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q |
q |
q |
x |
UFC/UBC/SVMC |
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q |
q |
q |
x |
UFC/UBC/SVMC |
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q |
q |
q |
x |
UFC/UBC/SVMC |
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q |
q |
q |
x |
UFC/UBC/SVMC |
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q |
q |
q |
x |
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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Fire Division Public Safety Department Checklist (2 of 2) |
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q |
q |
q |
x |
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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Crime Division Public Safety Department Checklist (1 of 1 ) |
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a) Police protection? |
q |
q |
q |
x |
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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Parks & Recreation Department Checklist (1 of 1) |
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q |
q |
q |
x |
2, 18, 111, 112 |
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q |
q |
q |
x |
2, 18, 111, 112 |
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a) Parks? |
q |
q |
q |
x |
2, 18, 111, 112 |
Source: Open Space and Recreation Sub-elements
| Issues and Supporting Information |
Potentially Significant Impact |
Less than Significant With Mitigation Incorporated |
Less Than Significant Impact |
No Impact |
Source |
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Street Trees & Landscape Division Parks & Recreation Department Checklist (1 of 1) |
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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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