Mary Avenue Overcrossing was included in the following City of Sunnyvale plans:
- 1981 City of Sunnyvale General Plan
- 1981 Transportation Element
- 1997 Land Use and Transportation Element
- 2004 Moffett Park Specific Plan
- 2005 Traffic Impact Fee
- 2011 Consolidated General Plan
- 2013 Moffett Park Specific Plan Update
- 2016 Peery Park Specific Plan
- 2017 Land Use and Transportation Element
- 2017 Traffic Impact Fee
- July 2023 Moffett Park Specific Plan
In 2007, the City of Sunnyvale completed a Draft Environmental Impact Report (EIR) for Mary Avenue Extension. Many members of the community provided comments on the Draft ElR. The City responded to community comments. The following were the key concerns:
- Traffic congestion
- Traffic speed
- Pedestrian and bicyclist safety
- Air pollution and emissions
- Noise
- Property values
- Smart growth
- Transit access
- Merchant revenues
The City Council certified the Final ElR and approved the Mary Avenue Extension project in October 2008. In 2009, the Sunnyvale West Neighborhood Association filed a legal challenge against the City. The legal challenge was about the adequacy of the ElR document, and the use of a projected 2020 traffic baseline for the traffic analysis. The Superior Court granted the petition in 2009. The 6th District Court of Appeal upheld the Superior Court decision in 2010. Because of this, the City Council decertified the EIR and voided the project approval in 2011.
Without a certified EIR, no action could be taken on the project. In 2015, City Council directed staff to prepare an updated scope to move the project forward. This scope included preparing an EIR with updated options and a robust outreach. In 2016, the City selected a consultant team to begin updating the EIR.
The Office of the City Attorney (OCA) advised the project team of a recent case law. The case law involved a multi-project EIR that did not identify a project option up front. The courts ruled that EIR as violating California Environmental Quality Act (CEQA). The violation was due to the EIR not having an "accurate, stable and finite" project description for the public. The OCA advised the project team to select a project option for the purposes of the EIR. Regardless of the project selection for the EIR, the City will study all five options equally in the EIR. The City Council will select the preferred project option after completion and acceptance of the Final EIR.
On April 20, 2021, Council chose one of the options for the purposes of the EIR. Council selected the option for two lanes for transit, shuttle, and high-occupancy vehicles. The option includes sidewalks and separate cycle track. But, the City will equally study all five options, any of which may become the final design. For all project options and to see an example of a cycle track refer to Details.
The City issued a Notice of Preparation (NOP) for the EIR. The public comment period was from Oct. 8 to Nov. 8, 2021. We reviewed all comments received. We reviewed the EIR scope to reflect these comments as needed. To view the NOP refer to Documents.
The City Council adopted the Moffett Park Specific Plan (MPSP) on July 11, 2023. It includes changes to the area's transportation network and land uses. The MPSP and Mary Avenue Overcrossing project teams coordinated the traffic data and analyses for consistency. These results are being included in the Mary Avenue Overcrossing Draft EIR.
