Subject: Comments for Vallco NOP.
Comments for Vallco Special Area Specific Plan
Environmental Impact Report NOP
File Number EA-2017-05
Government Code 15082. Notice of Preparation and Determination of Scope of EIR
(a) Notice of Preparation. Immediately after deciding that an environmental impact
report is required for a project, the lead agency shall send to the Office of Planning and
Research and each responsible and trustee agency a notice of preparation stating that
an environmental impact report will be prepared. This notice shall also be sent to
every federal agency involved in approving or funding the project.
(1) The notice of preparation shall provide the responsible and trustee agencies and
the Office of Planning and Research with sufficient information describing the project
and the potential environmental effects to enable the responsible agencies to make a
meaningful response. At a minimum, the information shall include:
(A) Description of the project,
(B) Location of the project (either by street address and cross street, for a project in an
urbanized area, or by attaching a specific map, preferably a copy of a U.S.G.S. 15' or 7-
1/2' topographical map identified by quadrangle name), and
(C) Probable environmental effects of the project.
I am concerned with the lack of detail in the Project description in the Notice of
Preparation. Is “600,000 square feet of commercial uses, 2.0 million square feet of office
uses, 339 hotel rooms, and 800 residential dwelling units onsite” sufficient detail to start
preparing an EIR? Saying that the Specific Plan will contain the details necessary to
prepare an EIR is not enough information to enable anyone to write a meaningful response
to the NOP, especially when the draft Specific Plan is not expected for several months.
I am also concerned that the planner responsible for the project supposedly described an
entirely different project in an article in Cupertinotoday.com. The expansion of the project
to 2,600 or 2,800 housing units would require an amended NOP, wouldn’t it?
According to Cupertino Senior Planner Piu Ghosh, “the General Plan currently allows
residential development at the site of up to 35 dwelling units per acre.” According to
City calculations revealed at the scoping session, the “General Plan build-out”
(alternative 2) will have approximately 2,600 or 2,640 housing units. However, using
the formulas that include the state density bonus, the City’s ballpark estimate of
residential will likely increase to upwards of 2,800 residential units.
https://cupertinotoday.com/2018/03/01/vallco-2640-homes-5-million-sq-ft-development/
Lastly, I want to make the point that a public meeting presenting the “existing condition”
for the Vallco Special Area Specific Plan is scheduled a day after the deadline for comments
to this NOP. The deadline for comments to the NOP is Monday, March 12, 2018
by 4:30 p.m. The “Existing Condition Presentation” is Tuesday, March 13, 2018 at 6 p.m. So
in addition to the Notice of Preparation being deficient with respect to providing
information on the “probable environmental effects of the project”, a public meeting that
might provide those that could attend information that was not included in the NOP will
happen after the NOP comment period is past.
http://www.cupertino.org/Home/Components/News/News/2035/26?NavID=412
Government Code 65451
(a) A specific plan shall include a text and a diagram or diagrams which specify all of
the following in detail:
(1) The distribution, location, and extent of the uses of land, including open space,
within the area covered by the plan.
(2) The proposed distribution, location, and extent and intensity of major components
of public and private transportation, sewage, water, drainage, solid waste disposal,
energy, and other essential facilities proposed to be located within the area covered by
the plan and needed to support the land uses described in the plan.
(3) Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
(4) A program of implementation measures including regulations, programs, public
works projects, and financing measures necessary to carry out paragraphs (1), (2),
and (3).
(b) The specific plan shall include a statement of the relationship of the specific plan to
the general plan.
Timeline for the Vallco Special Area Specific Plan has “Summer 2018” as the planned
completion date of the Draft Specific Plan. Since the purpose of a Notice of Preparation is to
solicit comments for the preparation of an EIR for the Specific Plan, and a draft Specific
Plan will not be available until Summer 2018, the Notice of Preparation seems premature.
If there was not enough information to formulate a meaningful “description of the project”,
then there was not enough information to make the determination that a NOP was even
necessary. Ordinarily one could claim “no harm, no foul”, but in this case the public is
being denied its opportunity to make meaningful comments on the preparation of the EIR
for the Specific Plan.
http://www.cupertino.org/Home/Components/News/News/2035/26?NavID=412
https://envisionvallco.org/event/draft-specific-plan
Government Code 15125(d)
(d) The EIR shall discuss any inconsistencies between the proposed project and
applicable general plans and regional plans. Such regional plans include, but are not
limited to, the applicable air quality attainment or maintenance plan or State
Implementation Plan, area-wide waste treatment and water quality control plans,
regional transportation plans, regional housing allocation plans, habitat conservation
plans, natural community conservation plans and regional land use plans for the
protection of the Coastal Zone, Lake Tahoe Basin, San Francisco Bay, and Santa
Monica Mountain
Please cover any inconsistencies between the General Plan and any other plans, with the
yet-to-be-drafted Specific Plan. I would like to supply more details for some of these items,
but the information is not available, and supposedly has yet to be written.
None the less, please be sure to cover any inconsistencies with these General Plan items:
HE-1.3.1 Land Use Policy and Zoning Provisions
This paragraph:
If the specific plan and rezoning are
not adopted within three years of
Housing Element adoption (by May 31,
2018), the City will schedule hearings
consistent with Government Code
Section 65863 to consider removing
Vallco as a priority housing site
under Scenario A, to be replaced by
sites identified in Scenario B (see
detailed discussion and sites listing of
“Scenario B” in Appendix B - Housing
Element Technical Appendix).
Appendix B: Housing element Technical Report
This paragraph:
The site is designated Regional Shopping/Office/Residential in the General
Plan and zoned Planned Development with Regional Shopping and Commercial
(P[Regional Shopping and P[CG]). Strategy HE-1.3.1 provides that the City will
adopt a Specific Plan for the Vallco site by May 31, 2018 that would permit 389
units by right at a minimum density of 20 units per acre. The zoning for the site
would be modified as part of the Specific Plan process to allow residential uses
as part of a mixed-use development at a maximum density of 35 units per acre.
If the Specific Plan is not adopted, the City will schedule hearings consistent with
Government Code Section 65863 to consider removing Vallco Shopping District
as a Priority Housing Site and replacing it with the sites shown in Scenario B.
LU-3.2 Building Heights and Setback Ratios
LU-3.3 Building Design
LU-3.4 Parking
LU-4 Streetscape Design
LU-10 Regional Cooperation and Coordination
LU-19 Vallco Shopping District Special Area
LU-19.1.1 Master Developer
LU-19.1.2 Parcel Assembly
LU 19.1.3 Complete Redevelopment
LU-19.1.4 Land Use
LU-19.1.5 “Town Center” Layout
LU-19.1.6 Connectivity
LU-19-1.7 Existing Streets
LU-19.1.8 Open Space
LU-19.1.9 Building Form
LU-19.1.11 Phasing Plan
LU-19.1.12 Parking
LU-19.1.13 Trees
LU-19.1.14 Neighborhood Buffers
RPC-1.2 Parkland Standards
RPC-2 Distribution
RPC-3 Preservation of Natural Areas
RPC-4 Park Integration
RPC-5 Trails
RPC-7 Facilities
RPC-8 Schools
Government Code 15088
Government Code 15088 requires a response for all comments on “environmental issues”
received be addressed in the EIR. I want to make sure that any issues that qualify under
Government Code 15125(d) are considered “environmental issues” so that they are
responded to in the EIR.
Sanitary Sewer Capacity
There is currently a 12” sanitary sewer line servicing the site. The capacity of the existing
12” sewer line and downstream lines should be evaluated to make sure they have adequate
capacity for the project and for storm water infiltration. The study should include any
parking areas, especially the underground parking areas that could drain into the sanitary
sewer system.
An analysis of the project’s sanitary sewer needs and the environmental impacts of
supplying those needs for the expected life of the project should be covered.
Groundwater Infiltration
Changes to the permeable areas of the site must be evaluated with respect to groundwater
infiltration.
Water Supply Impacts
An analysis of the project’s possible sources of water and the environmental impacts of
supplying that water for the expected life of the project should be covered.
Environmental Baselines
Many development projects in the area, such as the Apple II buildings are not yet fully
operational. There are also expected effects from climate change. Existing and future
conditions should be considered.
Contaminated Sites
There are 2 contaminated sites within the Vallco Specific Plan area and many other
adjacent sites that are listed on the State’s Water Resources Control Board’s website. In
particular any soil excavation and/or removal should include an assessment of any risk
from these sites:
J.C. PENNEY (T0608500770)
SEARS AUTOMOTIVE CENTER (T0608552828)
FORMER TANDEM / APPLE (T10000000740)
TOSCO #11220 (T0608575840)
MOBIL (T0608500926)
SHELL (T0608501269)
Compliance during Demolition and Construction and Use
I would like to make sure that soil, air, water, noise pollution and biological impacts during
demolition and construction are covered. The situation that occurred at Candlestick Point
should not be repeated here.
https://www.nbcbayarea.com/news/local/Lennar-Crews-Use-Drinking-Water-Not-
Recycled-to-Douse-Construction-Site-at-Candlestick-Park-303881781.html
Impacts from greenhouse gas emissions from demolition, construction and use must be
analyzed. Any demolition and construction in the air space over Wolfe Road is a big
concern.
Thresholds for Determining Impact Significance
Thresholds and standards for the determination of impact significance must be
characterized and justified. Individual components must also be aggregated to see if their
cumulative effects are significant. Indirect effects that are reasonably foreseen must
likewise be addressed.
Thank you,
Randy S
San Jose
March 7, 2018
