CC Resolution No. 09-018 Main Street CupertinoRESOLUTION N0. 09-018
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MAKING
CERTAIN FINDINGS CONCERNING MITIGATION MEASURES,
ADOPTING A MITIGATION I\~ONITORING AND REPORTING
PROGRAM, MAKING FINDINGS CONCERNING ALTERNATIVES,
AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE M~~IN STREET CUPERTINO PROJECT,
FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN
PREPARED IN ACCORDAlJCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the Main Street Cupertino Project ("Project") requires the City of Cupertino
("City") to approve a use permit and tentative m~ip (file no.U-2008-01 and TM-2008-01, SCH
no.200808258); and
WHEREAS, prior to the adoption of this Resolution, the Planning Commission of the City of
Cupertino has certified that the Final Environme~ltal Impact Report ("FEIR"), for the Main Street
Cupertino Project was completed in accordance ~,vith the requirements of the California
Environmental Quality Act ("CEQA") of 1970, z.s amended, and state and local guidelines; and
WHEREAS, the project analyzed under the FEIR consists of a mixed-use retail, office,
senior housing, hotel and a sports club development on a 17.4 acre site located on the north side
of Stevens Creek Boulevard, east of Wolfe Ro~id and west of Tantau Avenue; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for the
Main Street Cupertino Project; and
WHEREAS, the City Council of the City of Cupertino. intends to approve actions related to
the Project as identified in Exhibit A, entitled "APPROVAL OF THE PROPOSED MAIN STREET
CUPERTINO PROJECT" attached to this Resoli.~tion and incorporated herein by this reference; and
WHEREAS, CEQA requires that in connection with the approval of a project for which a
FEIR has been prepared which identifies one or more significant environmental effects, the
decision-making body of a responsible agency must make certain findings regarding those significant
effects on the environment identified in the FEIR:; and
Resolution No. 09-018
January 20th, 2009
Page 2
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CUPERTINO:
THAT THE CITY COUNCIL hereby finds that it has independently reviewed and analyzed
the FEIR and other information in the record and has considered the information contained therein
including the written comments received on the F'EIR and on the Project, prior to acting upon or
approving the Project, and has found that the FE172 represents the independent judgment and analysis
of the City of Cupertino as Lead Agency for the Project, and designates the Cupertino Director of
Community Development at 10300 Torre Avenue, Cupertino, California, 95014, as the custodian of
documents and records of proceedings on which this decision is based; and
THAT THE CITY COUNCIL does hereb;/ make the following findings with respect to the
significant effects on the environment of the Project as it is described in Exhibit A attached to this
Resolution:
A. SEE ATTACHED EXHISITA
B. ALTERNATIVES TO PROPOSED PROJECT
An EIR must describe a range of reasonable alternatives to the project, or the location of the project,
which would feasibly obtain most of the basic objectives of the project, but would avoid or
substantially lessen any of the significant environmental effects of the project. The project
applicant's objectives for the project are to:
a. Develop the underutilized 18.7-acre property at Stevens Creek Boulevard and Finch
Avenue into an economically viable infil~!, mixed-use project with retail uses, office uses,
senior housing units, a hotel, and possibl~/ an athletic club;
B. Develop high-quality shopping, dining, anti commercial area that will be community serving
while also holding regional appeal;
C. Create a "Main Street" style experience th~~t is pedestrian oriented;
D. Implement Cupertino citywide goals as expressed in the General Plan encouraging
commercial-oriented development in the S~~uth Vallco Park area;
E. Connect well with the adjacent properties; and
F. Integrate useable open space into the project.
The decision-makers may reject the alternative if it is determined that specific considerations make
the alternative infeasible. The findings with respect to the alternatives identified in the FEIR are
described below.
1. No Proiect Alternatives
Description: The CEQA Guidelines specifically require consideration of a "No Project" Alternative.
The project site is currently vacant and undeveloped. Under the No Project Alternative, the project
site could continue to remain vacant and undeveloped or it could be developed with uses consistent
with the City's General Plan and zoning. Given the available development allocations in the Vallco
Park South area and the existing General Plan land use designation and zoning on the site, the site
could be developed with 200,000 square feet of commercial uses, a 750 room hotel, and 400 senior
Resolution No. 09-018 January 20th, 2009
Page 3
housing units. For these reasons, there are two logical No Project alternatives: 1) a No Project/No
Development Alternative and 2) a No ProjecdDevelopment Alternative.
Comparison to the Proposed Project:
No Project/No Development Alternative
The No Project/No Development Alternative assumes that the project site would continue to remain
vacant and undeveloped. The No Project/No Development Alternative would avoid all of the
project's impacts but would not meet any of the f~roject objectives.
No Project/Development Alternative
The No Project/Development Alternative assumes that the project site would be developed with
200,000 square feet of commercial uses (of whicri could include an athletic club), a 750 room hotel,
and 400 senior housing units. The No ProjectlDevelopment Alternative assumes no office
development on the project site.
The No ProjecdDevelopment Alternative would result in similar environmental impacts as the
proposed project and could conceivably meet five of the six project objectives (objectives B - F), but
would not meet project objective A.
2. Reduced Scale Alternatives
Description:
Reduced Transportation Impacts Alternative
The Reduced Transportation Impacts Alternative ~issumes the development of 75,000 square feet of
retail uses, 160 senior housing units, and a 250 room hotel. This represents a 100 percent reduction
in proposed office and athletic club uses, and an approximately 50 percent reduction in proposed
retail uses.
The Reduced Transportation Impacts Alternative would avoid the project's impact to the
intersections of Lawrence Expressway/Homestead Road (which would occur under both project
schemes in the AM peak hour) and Bollinger Road-Moorpark Avenue/Lawrence Expressway (which
would only occur under Scheme 1 in the PM peak hour), freeway segments on I-280, regional air
quality, and cumulative regional air quality impacts. However, this alternative would result in similar
traffic impacts at the intersections of Wolfe Road/`dallco Parkway and Lawrence Expressway/I-280
southbound ramps-Calvert Drive, as well as freeway segments on I-280, as the proposed project.
This alternative would result in similar temporary ~;onstruction-related air quality, ambient noise and
construction-related noise, cultural resources, and ;;eology and soils impacts as the proposed project.
Since this alternative reduces the amount of development on the site, the area of impact maybe
reduced thereby impacting fewer nesting birds and trees than the proposed project. In addition, if less
of the project site is disturbed, this alternative may result in lesser hydrology and water quality
impacts than the proposed project.
No Transportation Impacts Alternative
The Reduced Development/No Transportation Impacts Alternative assumes 5,000 square feet of
commercial uses and 50 senior housing units are developed on the project site. The No
Transportation Impacts Alternative would avoid thf; project's significant traffic impacts and
significant regional air quality impact. This alternai:ive would result in similar temporary
construction-related air quality, cultural resources, :end geology and soils impacts as the proposed
Resolution No. 09-018
Page 4 January 20th, 2009
project. Since this alternative reduces the amount: of development on the site, the area of impact may
be reduced thereby impacting fewer nesting birds and trees than the proposed project. In addition, if
less of the project site is disturbed, this alternative may result in lesser hydrology and water quality
impacts than the proposed project. Also, dependi~7g on the location of the uses in respect to the
surrounding land uses (e.g., existing residences to the west and roadways), this alternative may result
in lesser ambient noise and construction-related noise impacts.
Comparison to the Proposed Project:
Reduced Transportation Impacts Alternative
The Reduced Transportation Impacts Alternative could conceivably meet five of the six project
objectives (B-F), but would not meet project objective A.
No Transportation Impacts Alternative
The No Transportation Impacts Alternative would not fully meet four of the six project objectives (A
- D), and meet the other two objectives (E and F).
Findings:
The No Project Alternatives are not environmentally superior to the project because they do not
meet all of the project objectives and are not economically feasible.
C. STATEMENT OF OVERRIDING COI`1SIDERATIONS
The City Council of the City of Cupertino adopts <<nd makes the following Statement of Ovemding
Considerations regarding the significant, unavoidable impacts of the Project and the anticipated
benefits of the Project.
A. Significant Unavoidable Impacts. With re:;pect to the foregoing findings and in recognition
of those facts that are included in the record, the City has determined that the Project will result
in certain significant impacts as disclosed in the :EEIR prepared for this Project. The impacts
would not be reduced to a less than significant level by feasible changes or alternations to the
Project.
B. Overriding Considerations. The City Council finds that each of the overriding
considerations set forth below constitutes a separate and independent ground for fmding that the
benefits of the Project outweigh its significant adverse environmental impacts and is an
overriding consideration warranting approval of the Project. The City Council specifically
adopts and makes this Statement of Overriding Considerations regarding the significant
unavoidable impacts of the Project and the anticipated benefits of the Project. The City Council
finds that this Project has eliminated or substanti~illy lessened all significant impacts on the
environment where feasible.
C. Benefits of the Project. The City Council his considered the FEIR, the public record of
proceeding on the proposed Project, and other written materials presented to the City as well as
oral and written testimony at all public hearings related to the Project, and does hereby determine
that implementation of the Project as specifically provided in the Project documents would result
in the following substantial public benefits, which together outweigh the unavoidable impacts:
Resolution No. ,09-018
Page 5 January 20th, 2009
• The project would create a stronger municipal tax base by increasing residential, commercial and
hotel development, promoting economic development and attracting businesses which are
particularly suitable to the area.
• The project is anticipated to provide positive annual revenues to the City of Cupertino, local
school districts and the State of California, collectively.
• The Project would promote the City's general goals of creating more job opportunities.
• The Project encourages "smart growth" and efficient use of land and supports the City's General
Plan policy for in-fill development within the City's Urban Service Area.
• The Project will enhance pedestrian and bicycle circulation, development parking resources,
connection to future trail system, and increase the City's housing supply.
• The Project will result in the construction o:F approximately 160 units of senior housing units, a
population particularly relevant to Cupertino, fifteen percent (15%) of which will be affordable.
This housing will promote the goals stated i:n the City's Housing Mitigation Manual, will
promote a jobslYiousing balance in the City rind Silicon Valley, and provide additional housing
opportunities for Valley residents.
• The Project will result in the development o:P 100,000 square feet of office and up to 150,000
square feet of commercial space. This new development will stimulate the local and regional
economy, and will increase the City's tax base and the jobs supply.
• The Project will improve the urban design o:.°the South Vallco area in the City of Cupertino
through streetscape improvements, new park. space, and the development of new public
gathering/plaza space. These improvements will improve the quality of life in East Cupertino.
Resolution No. 09-018
Page 6 January 20th, 2009
PASSED AND ADOPTED this 2othday of January 2009, at a Regular Meeting of the
City Council of the City of Cupertino by th.e following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Kimberly Smit
City Clerk
APPROVED:
,~ n
/ J ~//~
/~~
Orrin Maho y
Mayor
EXHIBIT A
That the City Council does hereby make the following findings with respect to significant
effects on the environment of such Project, as identified in the FEIR:
and/or Avoidance
Impact TRAN - l: The proposed project
(under either scheme), with the
implementation of the identified mitigation
measure, would result in a less than significant
impact at the intersection of Wolfe Road and
Vallco Parkway.
Impact C-TRAN -1: The project (under
either scheme), with the implementation of the
identified mitigation measure, would not result
in a significant impact at the intersection of
Wolfe Road and Vallco Parkway.
MM TRAM -1.1: The proposed project
(under either scheme) shall implement one
of the two measures below to reduce impacts
at Vallco Parkway and Wolfe Road to a less
than significant level:
1. Maintain the existing intersection
configuration, but install a westbound
right-turn overlap phase; OR
2. Add a second, westbound right-turn lane.
The additional turn lane could be
accommodated by re-striping the existing
westbound through lane as a shared-
through-right tum lane.
Less Than Significant Impact
with Mitigation Incorporated
Less Than Significant
Cumulative Impact with
Mitigation Incorporated
Impact TRAM - 5: The proposed project,
with the implementation of the identified
mitigation measure, would reduce impacts to
significantly impacted freeways segments but
not to a less than significant level.
MM TRAN - 5.1: At the fmal design stage,
the project shall include programs or
facilities delineated in the "Immediate
Implementation Action List" of the Draft
Countywide Deficiency Plan (CDP) to the
satisfaction of the Director of Community
Development. Measures from the list that
are appropriate for this project may include
providing pedestrian facility improvements,
bus stop improvements, HOV parking
Implementation of the
proposed mitigation.
measures would reduce
impacts to freeway segments.
However, impacts level will
remain Significant and
Unavoidable. Mitigation for
freeway impacts would
require adding lanes to
freeways, which is not
Im act Miti ation and/or Avoidance Measures Findin
preference program, bike facilities, a economically feasible for one
pedestrian circulation system, and other project to implement.
Transportation Demand Management
Specific economic, legal or
(TDM) measures such as providing future other considerations make
employees with transit passes at a reduced infeasible the project
rate and providing bicycle lockers and alternatives identified in the
showers for future employees. final EIR.
Impact TRAN - 6: The proposed project AM TRAN - 6.1: The project applicant Less Than Significant
(under either scheme), with the shall provide pedestrian crosswalk Impact with Mitigation
implementation of the identified measures, improvements at Finch Avenue and at the Incorporated
would not result in significant impacts to project's eastern driveway located in front of
bicycle facilities. the proposed athletic club in Scheme 1 and
adjacent to the 205,000 square-foot office
building in Scheme 2. The final crosswalk
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approved by the City prior to issuance of
building permits.
MM TRAM - 6.1: The existing bike lane to
be removed as part of the project shall be
relocated between the new travel lane and
the on-street parking. The new bike lane
shall be located five feet from the end of the
angled parking stalls. This relocation
requires the striping of sharrows (a sharrow
is a pavement marking or pavement legend
intended to help cyclist better position
themselves on the roadway where bike
lanes are recommended but might not be
striped for some reason) and signage
alerting motorists to the presence of
bicyclists.
and/or Avoidance
Impact TRAN - 7: The proposed narrowing
of Vallco Parkway and the addition of the on-
streetparking, with the implementation of the
identified measures, would result in a less than
significant impact to the existing bus stop at
Vallco Parkway and Perimeter Road.
MM TRAN - 7.1: The applicant shall work
with VTA and the City to determine the
appropriate location of the existing bus stops
at Stevens Creek Boulevard/Finch Avenue
and Stevens Creek Boulevard/Tantau
Avenue to ensure that existing bus service is
not disrupted by the project (e.g., addition of
on-street parking) along those areas. The
project shall include a 22-foot curb lane for
the existing bus stops at Stevens Creek
Boulevard/Finch Avenue and Stevens Creek
Boulevard/Tantau Avenue.
Less Than Significant
Impact with Mitigation
Incorporated
The project proponent shall coordinate with
rhP (~;tv and VTA nn the final landscape
plans on Stevens Creek Boulevard along the
project site frontage; and coordinate with
VTA to provide bus shelters per VTA's
requirements. The bus stop at Vallco
Parkway/Perimeter Road shall be
incorporated into any designs for the
roadway.
AM TRAN - 7.2: The City and applicant
shall coordinate with Bay Area Air Quality
Management District, Caltrain, and private
employers to determine the appropriate
change in route for the Caltrain commuter
shuttle that currently uses Finch Avenue as a
turn-back along its route. It should be noted
that the route could easily be re-routed to
Im act Miti ation and/or Avoidance Measures Findin
Wolfe Road.
Impact TRAN - 8: The proposed project MM TItAN - 8.1: When a restaurant use is Less Than Significant
(under either scheme), with the proposed on the project site, the proposed Impact with Mitigation
implementation of the identified mitigation restaurant use's tenancy shall be reviewed Incorporated
measure, would not result in inadequate by the City as follows:
parking capacity. • Up to 10 percent of the approved
commercial square footage shall be
permitted for restaurant use without City
planning staff review.
• More than 10 percent of the approved
commercial square footage for
restaurant use shall require City
planning staff review to verify that the
proposed use meets the parking
requirements outlined by the Institute of
110.11~11,/VL LQ L1V11 Li11~1114V1J `L1L~, VL Vllla
Land Institute (ULI), or developed as
part of a parking analysis prepared by a
qualified parking consultant to the
satisfaction of the Director of Public
Works.
If the review process indicates that the
proposed commercial uses exceed the
minimum parking required by the ITE, ULI,
or parking analysis, a Parking Management
Plan (PMP) shall be required. Components
of the PMP may include, but are not limited
to, the following:
• Provision of valet parking (either on- or
off-site);
Im act Miti ation and/or Avoidance Measures Findin
• Provision of off-site employee parking
with a shuttle;
• Provision of off-site shared use with
nearby property owners during peak
parking periods; and/or
• Provision of off-site land for parking if
strategies to reduce total demand are
ineffective.
A condition of approval of the PMP may
include conducting a parking study at some
defined date (e.g., six months after full
occupancy of the commercial uses on the
project site) during evening and weekend
periods), which would include recording the
number of parxed vehicles during peak time
periods. Results of the study may trigger
additional conditions (e.g., a transportation
demand management program) be met to
continue the commercial uses [(i.e.,
restaurant use(s)] on-site.
Impact TRAN - 9: The proposed project MM TRAN - 9.1: The project shall Less Than Significant
(under either scheme), with the provide bicycle parking consistent with the Impact with Mitigation
implementation of the identified mitigation City's requirements outlined in the. Incorporated
measure, would have sufficient bicycle Municipal Code 19.100, which state that the
parking. required number of Class I bicycle parking
spaces should be 40 percent of the number
of units and five percent of total automobile
parking spaces for office uses; and the
required number of Class II bicycle parking
spaces should be five percent of the total
number of automobile parking spaces for
Mitigation and/or Avoidance Measure(;
commercial and hotel uses. The project
proponent shall consult the VTA's Bicycle
Technical Guidelines when determining
appropriate bicycle parking siting and
design.
Impact AIR - 2: Scheme 1 would result in
significant regional air quality impacts related
to emissions of ROG, NOX, and PMIO. Scheme
2 would result in significant regional air
quality impacts related to emissions of ROG
and NOX.
Impact C-AIR -1: The project (under either
scheme) would result in a cumulative impact
on regional air quality.
MM AIR - 2.2: The project shall be
reviewed and appropriate bicycle amenities
shall be included to the satisfaction of the
Community Development Director. Bicycle
amenities shall include bike lane
connections throughout the project site. In
addition, off-site bicycle lane improvements
shall be considered for roadways that serve
the project site.
MM AIR - 2.3: Pedestrian sidewalks
and/or paths shall be provided throughout
the project site with convenient access to bus
stops within or adjacent to the site.
MM AIR - 2.4: The incorporation of
pedestrian signage and signalization shall be
considered, including convenient pedestrian
crossings at strategic areas with count-down
signals that would enhance pedestrian use.
MM AIR - 2.5: Office and large retail uses
on the site shall provide amenities to
encourage pedestrian and bicycle use such as
showers, locker facilities, and bicycle
Implementation of the
identified mitigation measures
would reduce impacts, but not
to a less than significant level -
Significant and Unavoidable
Impact
TmnlPmPntati~n ~f the
--r
identified mitigation measures
would reduce the project's
emissions but not to a less than
significant level -Significant
and Unavoidable
Cumulative Impact
6
Im act Miti ation and/or Avoidance Measures Findin
parking for employees. Bicycle parking for
retail customers shall be provided at
strategic locations.
MM AIR - 2.6: Project site employers shall
be required to promote transit use by
providing transit information and incentives
to employees.
MM AIR - 2.7: The project applicant shall
work with the City to explore opportunities
for employers to implement measures that
would reduce vehicle travel by reducing
parking availability (such as an employee
parking cashout program).
MM AIR - 2.8: The project shall provide
outdoor electrical outlets, encourage the use
of electrical landscape maintenance
equipment, and provide 220 volt outlets in
each parking garage suitable for electrical
auto recharging.
MM AIR - 2.9: The project shall
implement "green building" designs, such as
a Leadership in Energy and Environmental
Design (LEED), Build it Green for
residential units, or an alternative
environmental and sustainable measurement
system/checklist, to the satisfaction of the
Director of Community Development to
increase energy efficiency, which would
Im act Miti ation and/or Avoidance Measures Findin
reduce the future energy demand caused by
the project, and therefore reduce air
pollutant emissions indirectly.
MM AIR - 2.10: The project applicant
shall create a landscape plan for the project
that ensures new trees would shade buildings
and walkways in the summer to reduce the
cooling loads on buildings.
MM AIR - 2.11: 'The project shall not
include wood burning fireplaces or
woodstoves in the proposed senior
residences or the hotel.
Impact AIR - 5: The proposed project (under Dust Control Less Than Significant
either scheme), with the implementation of the MM AIIt _ 5.1 • The project shall Impact with Mitigation
identified mitigation measures, would not implement the following dust control Incorporated
result in significant impacts related to measures recommended by BAAQMD:
construction dust and construction equipment
exhaust. • Water all active construction areas at least
twice daily and more often during windy
periods.
• Cover all hauling trucks or maintain at
least two feet of freeboard.
• Pave, apply water at least twice daily, or
apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas, and
staging areas.
Im act Miti ation and/or Avoidance Measures Findin
• Sweep daily (with water sweepers) all
paved access roads, parking areas, and
staging areas and sweep streets daily
(with water sweepers) if visible soil
material is deposited onto the adjacent
roads.
• Hydroseed or apply (non-toxic) soil
stabilizers to inactive construction areas
(i.e., previously-graded areas that are
inactive for 10 days or more).
• Enclose, cover, water twice daily, or
apply (non-toxic) soil binders to exposed
stockpiles.
• Replant vegetation in disturbed areas as
quickly as possible.
.,
• Suspend construction aciiviiics uiai cause
visible dust plumes to extend beyond the
construction site.
Construction Equipment Exhaust
MM AIR - 5.2: The proposed prof ect shall
implement the following diesel exhaust
control measures during construction:
• Diesel equipment standing idle for more
than two minutes shall be turned off.
This would include trucks waiting to
deliver or receive soil, aggregate, or other
bulk materials. Rotating drum concrete
trucks could keep their engines running
continuously as long as they were onsite
and located more than 200 feet from
Im act Miti ation and/or Avoidance Measures Findin
residences
• Properly tune and maintain equipment for
low emissions.
• Construction equipment shall not be
staged within 200 feet of existing
residences.
• Use alternative powered construction
equipment (i.e., hybrid, compressed
natural gas, biodiesel, electric) as feasible.
• Use add-on control devices such as diesel
oxidation catalysts or particulate filters as
feasible.
• Require all contractors to use equipment
that meets California Air Resources
Board's (ARBI most recent certification
standard for off-road heavy duty diesel
engines.
Impact BIO -1: The development of the Tree Nesting Birds Less Than Significant
proposed project, with the implementation of
MM BIO-1.1:Removal of trees on the Impact with Mitigation
the identified mitigation and avoidance project site could be scheduled between Incorporated
measures, would not result in significant September and December (inclusive) to
impacts to nesting migratory birds, loggerhead avoid the nesting season for birds and no
shrikes, burrowing owls, or raptors. additional surveys would be required.
MM BIO-1.2: If removal of the trees on-
site is planned to take place between January
and August (inclusive), apre-construction
survey for nesting birds shall be conducted
by a qualified ornithologist to identify active
nesting raptor or other bird nests that may be
10
Im act Miti ation and/or Avoidance Measures Findin
disturbed during project implementation.
Between January and April (inclusive) pre-
construction surveys shall be conducted no
more than 14 days prior to the initiation of
construction activities or tree relocation or
removal. Between May and August
(inclusive), pre-construction surveys shall be
conducted no more than thirty (30) days
prior to the initiation of these activities. The
surveying ornithologist shall inspect all trees
in and immediately adjacent to the
construction area for nests. If an active
raptor nest is found in or close enough to the
construction area to be disturbed by these
activities, the ornithologist shall, in
consultation with the State of California,
Department of Fish & Game (CDFG),
designate aconstruction-free buffer zone
(typically 250 feet) around the nest until the
end of the nesting activity. Buffers for other
birds shall be determined by the
ornithologist.
MM BIO-1.3:A report summarizing the
results of the pre-construction survey and
any designated buffer zones or protection
measures for tree nesting birds shall be
submitted to the Community Development
Director prior to the start of grading or tree
removal.
Burrowin Owls
MM BIO-1.4: Pre-construction surve s for
11
Im act Miti ation and/or Avoidance Measures Findin
burrowing owls shall be conducted in
conformance with CDFG protocols, no more
than 30 days prior to the start of any ground-
disturbing activity such as clearing and
grubbing, excavation, or grading. If no
burrowing owls are located during these
surveys, no additional action would be
warranted. However, if burrowing owls are
located on or immediately adjacent to the
site, the following mitigation measures shall
be implemented.
• Buffer Zones. If burrowing owls are
present during the nonbreeding season
(generally September 1 to January 31), a
150-foot buffer zone, within which no
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permissible, shall be maintained around
the occupied burrow(s). During the
breeding season (generally February 1 to
August 31), a 250-foot buffer, within
which no new project-related activity will
be permissible, will be maintained
between project activities and occupied
burrows. Owls present at burrows on the
site after February 1 will be assumed to
be nesting on or adjacent to the site unless
evidence indicates otherwise. This
protected area will remain in effect until
August 31, or at the discretion of the
CDFG and based upon monitoring
evidence, until the young owls are
foraging independently.
12
Im act Miti ation and/or Avoidance Measures Findin
• If ground-disturbing activities will
directly impact occupied burrows,
eviction outside the nesting season may
be permitted pending evaluation of
eviction plans by, and receipt of formal
written approval of the relocation from
the CDFG. No burrowing owls shall be
evicted from burrows during the nesting
season (February 1 through August 31)
unless evidence indicates that nesting is
not actively occurring (e.g., because the
owls have not yet begun nesting early in
the season, or because young have
already fledged late in the season).
A report on the results of the pre-
construction survey(s) for burrowing owls,
including any required buffer zones or
protection measures shall be submitted to the
Community Development Director prior to
the start of grading or other ground
disturbance.
Impact BIO - 2: The proposed project, with MM BIO - 2.1: The project shall Less Than Significant
the implementation of the identified mitigation implement the recommendations outlined in Impact with Mitigation
measure, would reduce impacts to trees to a the tree report prepared by Arbor Resources Incorporated
less than significant level. in July 2008 including the following
measures:
13
and/or Avoidance
• Site plans shall be reviewed by the City
arborist to ensure tree protection and to
minimize tree impacts in conformance
with the recommendations in the tree
report by Arbor Resources in July 2008.
• Trees to be removed shall be replaced at
the following ratios per City Municipal
Code Section 14.18.185:
Tree Re lacement Ratios
Trunk Size of
Removed Tree
(measured at 4.5 Replacement Trees
feet above ade)
U to 12 inches One 24-inch box tree
Over 12 inches and Two 24-inch box
up io i 8 inches trees
Over 18 inches and Two 24-inch box
up to 36 inches trees or one 36-inch
box tree
Over 36 inches One 36-inch box tree
An ISA certified arborist and/or a
member of ASCA (American Society of
Consulting Arborists) - to be named the
"project arborist" -shall be retained by
the applicant or owner to assist in
implementing and achieving compliance
with all tree protection measures.
• Prior to any demolition or site clearing
work, apre-construction meeting shall be
14
Im act Miti ation and/or Avoidance Measures Findin
held on-site with the project arborist and
contractor to discuss work procedures,
protection fencing locations, limits of
grading, tree removals, staging areas,
routes of access, removal of existing
hardscape, supplemental watering,
mulching, locations for equipment
washing pits, relocation of trees, and any
other applicable tree protection measures.
• For trees to be preserved, a minimum tree
protection zone (TPZ) shall be
established. The TPZ shall be seven
times the diameter of the tree to be
preserved.
• Tree protective fencing shall be installed
around the TPZ prior to any demolition,
grading, surface scraping or heavy
equipment arriving on site, and its precise
location and placement approved by the
project arborist (in the form of a letter
submitted to the City Director of
Community Development) prior to the
issuance of any demolition, grading or
construction permit. The protective
fencing shall be comprised of six-foot
high chain link mounted on eight-foot
tall, two-inch diameter steel posts that are
driven 24 inches into the ground and
spaced no more than 10 feet apart. Once
established, the fencing must remain
undisturbed and be maintained throughout
construction until final inspection.
• Unless otherwise approved, all
development activities must be performed
15
Im act Miti ation and/or Avoidance Measures Findin
outside the designated fenced areas and
off unpaved areas beneath the existing
tree canopies. These activities include,
but are not limited to, the following:
demolition, grading, stripping of topsoil,
trenching, equipment cleaning,
stockpiling/dumping of materials, and
equipment/vehicle operation and parking.
• The following shall be displayed on 8.5-
by 11-inch signs (minimum) and attached
to the tree protective fencing every 50
feet on the side facing construction
activities: "Warning -Tree Protection
Zone -this fence shall not be removed.
Violators are subject to a penalty
according to Cupertino Municipal Code."
These signs shall be posted prior to
construction.
• Removal of existing pavement beneath
canopies must be carefully performed so
no soil cuts and root/trunk damage occur
during the process. Tn doing so, the
hardscape surfaces shall, with a
jackhammer or pick, be broken up into
manageable sections that can be manually
lifted and loaded by hand into the bucket
of a small tractor (e.g. a Bobcat). Any
tractor or heavy equipment used during
the process must remain on pavement at
all times and off unpaved areas or
exposed soil, base rock and roots.
• Throughout construction during the
months of May thru October,
supplemental water shall be supplied to
16
Im act Miti ation and/or Avoidance Measures Findin
retained trees. The specific trees,
methodology, frequency, and amounts
shall be prescribed by the project arborist.
• All equipment shall be positioned to
avoid the trunks and branches of trees.
Where a conflict arises, the project
arborist must be contacted to help address
the situation.
• The relocation of trees shall be performed
according to the standards set forth in
American National Standards Institute
(ANSI) A300 (Part 6)-2005
Transplanting, and also by a company
that has an ISA certified arborist in a
supervisory role, holds a current
California state-licensed contractor's
license, carries Cienerai Liability and
Worker's Compensation insurance, and
abides by ANSI 2133.1-2006 (Safety
Operations).
• All tree pruning shall be performed in
accordance with the most recent ANSI
standards, and by a California state-
licensed tree service company that has an
ISA certified arborist in a supervisory
role.
• The disposal of harmful products (such as
chemicals, oil and gasoline) is prohibited
beneath canopies or anywhere on site that
allows drainage beneath canopies.
Herbicides should not be used beneath the
trees' canopies; where used on site, they
shall be labeled for safe use near trees.
17
Im act Miti ation and/or Avoidance Measures Findin
MM BIO - 2.2: The structural integrity of
existing trees that will be preserved and
retained on-site shall be evaluated by a
certified arborist to ensure public safety.
Impact CUL -1: The proposed project, with MM CUL -1.1: A program of Less Than Significant
the implementation of the identified mitigation archaeological monitoring shall be adopted Impact with Mitigation
measures, would not result in significant for portions of the project site that require Incorporated
impacts to cultural resources. deep excavation for foundations and/or
underground parking facilities. Monitoring
shall be done at the discretion of a qualified
archaeologist until it is evident that
additional earthmoving will not affect either
prehistoric or historic deposits.
MM CUL -1.2: In the event of the
discovery of either prehistoric or historic
archaeological deposits, work shall be halted
within 50 feet of the discovery and a
qualified professional archaeologist shall
examine the find and make appropriate
recommendations regarding the significance
of the find and the appropriate mitigation.
The recommendation shall be implemented
and could include collection, recordation,
and analysis of any significant cultural
materials.
MM CUL -1.3: In the event that human
remains and/or cultural materials are found,
all project-related construction shall cease
within a 50-foot radius of the find in order to
18
Im act Miti ation and/or Avoidance Measures Findin
proceed with the testing and mitigation
measures required. Pursuant to Section
7050.5 of the Health and Safety Code and
Section 5097.94 of the Public Resources
Code of the State of California:
~ In the event of the discovery of human
remains during construction, there shall
be no further excavation or disturbance of
the site or any nearby area reasonably
suspected to overlie adjacent remains.
'The Santa Clara County Coroner shall be
notified and shall make a determination as
to whether the remains are Native
American. If the Coroner determines that
the remains are not subject to his
authority, he shaii notify the Native
American Heritage Commission who
shall attempt to identify descendants of
the deceased Native American. If no
satisfactory agreement can be reached as
to the disposition of the remains pursuant
to this State law, then the land owner
shall re-inter the human remains and
items associated with Native American
burials on the property in a location not
subject to further subsurface disturbance.
~ A final report summarizing the discovery
of cultural materials shall be submitted to
the Director of Planning prior to issuance
of building permits. This report shall
contain a description of the mitigation
19
and/or Avoidance
Impact GEO -1: The proposed project, with
the implementation of the identified standard
mitigation measure, would not result in
significant soil impacts related to the
undocumented fill and expansive soils on-site.
Impact GEO - 2: The proposed project, with
the implementation of the identified standard
mitigation measure, would be not result in
significant seismicity or seismic hazard
impacts.
program that was implemented and its
results, including a description of the
monitoring and testing program, a list of
the resources found, a summary of the
resources analysis methodology and
conclusion, and a description of the
disposition/curation of the resources. The
report shall verify completion of the
mitigation program to the satisfaction of
the Director of Planning.
MM GEO -1.1: Buildings shall be
designed and constructed in accordance with
a final design-level geotechnical
investigation to be completed for the project
by a qualified professional. The final
design-level geotechnical investigation shall
identity the specific design features that wiii
be required for the project including
measures addressing clearing and site
preparation, removal, replacement, and/or
compaction of existing fill, abandoned
utilities, subgrade preparation, material for
fill, trench backfill, temporary slopes and
trench excavations, surface drainage,
foundation design, and pavements.
Less Than Significant
Impact with Mitigation
Incorporated
MM GEO - 2.1: The project shall be
designed and constructed in conformance
with the Uniform Building Code guidelines
for Seismic Zone 4 to avoid or minimize
potential damage from seismic shaking and
seismic-related hazards on the site.
Less Than Significant
Impact with Mitigation
Incorporated
20
Im act Miti ation and/or Avoidance Measures Findin
Impact 13YD -1: The proposed project, with NIlVI 13YD -1.1: The project shall Less Than Significant
the implementation of the identified mitigation incorporate measures, such as berms, Impact with Mitigation
measures, would not be subject to significant modified garage ramps, and placing Incorporated
flooding or drainage impacts. residential floor elevations above flood
level, in the final design of the residential
area.
MM l3YD -1.2: The commercial area of
the project site shall be graded and designed
to accommodate the flood waters in the
parking lot and/or streets.
MM HYD -1.3: The final design of the
__~ ...a_ _1__11 L_ ____: _____~ L_. ~l__
prV~GGL J1LG J31[Lll UG 1GV1GWGl1 Uy L11G
Department of Public Works prior to
issuance of building permits.
AM HYD -1.4: The project shall be
designed to detain water on-site (e.g., via
buried pipes) as necessary to avoid an
increase in .the one percent flood water
surface elevation of the culvert to the
satisfaction of the Director of Public Works.
Impact 13YD - 2: The proposed project, with Construction Measures Less Than Significant
the implementation of the identified mitigation MM 1TY1) - 2.1• The project shall comply
• Impact with Mitigation
measures, would not result in significant water `,kith the NPDES
General Construction Incorporated
quality impacts. Activity Storm Water Permit administered
b the Re 'onal Water Quali Control
21
Im act Miti ation and/or Avoidance Measures Findin
Board. Prior to construction grading the
applicant shall file a Notice of Intent (NOI)
to comply with the General Permit and
prepare a Storm Water Management Plan
that includes storm water quality best
management practices (BMPs). The Storm
Water Management Plan shall detail how
runoff and associated water quality impacts
resulting from the proposed project will be
controlled and/or managed. The Plan shall
be submitted to the Director of Public Works
for review and approval.
Post Construction Measures
MM HYD - 2.2: The project shall comply
with Provision C.3 of NPDES Permit
Number CAS0299718, which provides
enhanced performance standards for the
management of storm water for new
development.
Prior to issuance of building and grading
permits, each phase of development shall
include provision for post-construction
structural controls in the project design in
compliance with the NPDES C.3 permit
provisions, and shall include BMPs for
reducing contamination in storm water
runoff as permanent features of the project.
The project includes the incorporation of
bioretention areas, bioswales, porous
concrete, and infiltration planters to reduce
the amount of runoff from the site. The
22
Im act Miti ation and/or Avoidance Measures Findin
stormwater management plan shall be
consistent with the landscaping plan and
trees to be preserved.
The specific BMPs to be used in each phase
of development shall be determined based
on design and site-specific considerations
and will be determined prior to issuance of
building and grading permits.
MM IiYD - 2.3: To protect groundwater
from pollutant loading of urban runoff,
BMPs which are primarily infiltration
devices (such as infiltration trenches and
infiltration basins) must meet, at a minimum,
~i-- r-~~----=°_ ----~...-----
uic iviiuwuiy wiiuiuvii~.
• Pollution prevention and source control
BNIPs shall be implemented to protect
groundwater;
• Use of infiltration BMPs cannot cause or
contribute to degradation of groundwater;
• Infiltration BMPs must be adequately
maintained;
• Vertical distance from the base of any
infiltration device to the seasonal high
groundwater mark must be at least 10
feet. In areas of highly porous soils
andlor high groundwater table, BMPs
shall be subject to a higher level of
analysis (considering potential for
pollutants such as on-site chemical use,
23
Im act Miti ation and/or Avoidance Measures Findin
level of pretreatment, similar factors);
• Unless storm water is first treated by non-
infiltration means, infiltration devices
shall not be recommended for areas of
industrial or light industrial activity; areas
subject to high vehicular traffic (25,000
or greater average daily traffic trips on
main roadway or 15,000 or more average
daily traffic trips on any intersecting
roadway); automotive repair shops; car
washes; fleet storage areas (bus, truck,
etc); nurseries; and other land uses and
activities considered by the City as high
threats to water quality; and
• Infiltration devices shall be located a
minimum of 100 feet horizontally from
any water supply weiis.
MM HYD - 2.4: Best Management
Practices (BMPs) shall be selected and
designed to the satisfaction of the Director
of Public Works in accordance with the
requirements contained in the most recent
versions of the following documents:
• City of Cupertino Post-Construction BMP
Section Matrix;
• SCVURPPP "Guidance for Implementing
Storm water Regulations for New and
Redevelopment Projects;"
• NPDES Municipal Storm water
Discharge Permit issued to the City of
Cupertino by the California Regional
24
Im act Miti ation and/or Avoidance Measures Findin
Water Quality Control Board, San
Francisco Bay Region;
• California BMP Handbooks;
• Bay Area Stormwater Management
Agencies Association (BASMAA) "Start
at the Source" Design Guidance Manual;
• BASMAA "Using Site Design Standards
to Meet Development Standards for
Storm water Quality - A Companion
Document to Start at the Source;" and
• City of Cupertino Planning Procedures
Performance Standard.
MM HYD - 2.5: To maintain effectiveness,
aii storm wafer ireaiment faciiiiies shaii
include long-term maintenance programs.
MM HYD - 2.6: The applicant, the project
arborist and landscape architect, shall work
with the City and the SCVLJRPPP to select
pest resistant plants to minimize pesticide
use, as appropriate, and the plant selection
will be reflected in the landscape plans.
Impact NOI -1: The proposed project, with MM NOI -1.1: Specific determination of Less Than Significant
the implementation of the identified mitigation noise insulation treatments necessary shall Impact with Mitigation
measures, would not result in significant be completed on a unit-by-unit basis during Incorporated
interior noise impacts to the hotel use. detailed project design of the hotel. A
design-level noise assessment of the final
site plan shall be completed for the project
by a qualified acoustical consultant. Results
25
Im act Miti ation and/or Avoidance Measures Findin
of the design-level noise assessment,
including the description of the necessary
noise control treatments, shall be submitted
to the City along with the building plans and
approved prior to issuance of a building
permit.
MM NOI -1.2: Building sound insulation
requirements shall include the provision of
forced-air mechanical ventilation for the
hotel so that windows could be kept closed
at the occupant's discretion to control noise.
MM NOI -1.3: Special building
techniques (e.g., sound-rated windows) may
VV 1V11U11VLL lV 1110.111L0.111111W11V1 11V1J1r 1V Vl.1J
at or below acceptable levels. These
treatments shall include, but are not limited
to, sound rated windows and doors, sound
rated wall constructions, acoustical caulking,
protected ventilation openings, etc.
Preliminary calculations indicate that hotel
rooms nearest Stevens Creek Boulevard
would require sound rated windows and
doors with ratings ranging from STC 26-28
to achieve the 45 dBA DNL indoor standard
Impact NOI - 2: Construction of the MM NOI - 2.1: Pursuant to the Municipal Less Than Significant
proposed project (under either scheme), with Code (Section 10.48.053), noise-generating Impact with Mitigation
the implementation of the identified mitigation activities shall be restricted at the Incorporated
measures, would not result in significant short- construction site to daytime hours only.
term construction-related noise impacts. Construction within 750 feet of residences
shall be prohibited on Saturdays, Sundays,
26
Im act Miti ation and/or Avoidance Measures Findin
holidays.
MM NOI - 2.2: All construction equipment
shall conform to the following standards: 1)
no individual device produces a noise level
more than 87 dBA at a distance of 25 feet; or
2) the noise level on any nearby property
does not exceed eighty dBA (Cupertino
Municipal Code Section 10.48.053).
MM NOI - 2.3: Equip all internal
combustion engine driven equipment with
intake and exhaust mufflers that are in good
condition and appropriate for the equipment.
MM NOI - 2.4: Unnecessary idling of
internal combustion engines is prohibited.
MM NOI - 2.5: Stationary noise generating
equipment such as air compressors or
portable power generators shall be located as
far as possible from sensitive receptors.
Temporary noise barriers shall be
constructed to screen stationary noise
generating equipment when located near
adjoining sensitive land uses. Temporary
noise barriers could reduce construction
noise levels by five dBA.
MM NOI - 2.6: "Quiet" air compressors
and other station noise sources shall be
27
Im act Miti ation and/or Avoidance Measures Findin
utilized by contractors where technology
exists.
MM NOI - 2.7: Route all construction
traffic to and from the project site via
designated truck routes where possible.
Prohibit construction related heavy truck
traffic in residential areas where feasible.
MM NOI - 2.8: Noise from construction
workers' radios shall be controlled to a point
that it is not audible at existing residences
bordering the project site.
T iiTiT 1~T/1T ~ n. TL. ,..,.,.+,.,. t,.,ii
1t11t11\Vl-i..J• 111V NVll L1 LLLiLVI Jllclll
prepare and submit to the City for approval a
detailed construction plan identifying the
schedule for major noise-generating
construction activities.
MM NOI - 2.10: Notify all adjacent
businesses, residences, and other noise-
sensitive land uses of the construction
schedule in writing.
MM NOI - 2.11: A "disturbance
coordinator" who would be responsible for
responding to any local complaints about
construction noise shall be designated by the
28
Im act Miti ation and/or Avoidance Measures Findin
project applicant. The disturbance
coordinator will determine the cause of the
noise complaint (e.g., starting too early, bad
muffler, etc.) and will require that
reasonable measures warranted to correct the
problem be implemented. The telephone
number for the disturbance coordinator shall
be conspicuously posted at the construction
site and included in notices sent to neighbors
regarding the construction schedule.
MM NOI - 2.12: If pile driving is required,
multiple-pile drivers shall be considered to
expedite construction. Although noise levels
generated by multiple pile drivers would be
higher than the noise generated by a single
..;lo .1,-. 4b,n 4n4n1 il~.rnfinri of r~i1P ~lricnnrt
Yia~. uiiver, a~. wwa uw u~ava. v~ r..v .+.......b
activities would be reduced.
MM NOI - 2.13: If pile driving is required,
foundation pile holes shall be pre-drilled to
minimize the number of impacts required to
seat the pile. Pre-drilling foundation pile
holes are a standard construction noise
control technique. Pre-drilling reduces the
number of blows required to seat the pile.
MM NOI - 2.14: If pile driving is required,
shroud the impact hammer with noise
control blanket barriers.
Impact NOI - 3: The proposed project, with MM NOI - 3.1: Project-level acoustical Less Than Significant
the implementation of the identified mitigation analyses shall be com leted where stationary Im act with Miti ation
29
Im act Miti ation and/or Avoidance Measures Findin
measures, would not result in significant noise noise sources are located adjacent to existing Incorporated
impacts between the proposed uses on the site. or proposed noise-sensitive land uses (e.g.,
residential uses). Exterior noise levels at
residential land uses in the vicinity shall be
maintained in accordance with the standards
presented in the City's Municipal Code.
MM NOI - 3.2: Cleaning activities in
parking lots/garages shall be limited to
daytime hours only (8 AM to 8 PM on
weekdays and 9 AM to 6 PM on weekends)
consistent with the City's Community Noise
Ordinance 10.48.
MM NOI - 3.3: Trash compactors and
~. W~_a_~_ 1__11 L_ 1___~_~ __ .___ ~_~_
U1.LL11~JJ LGIJ Jllall UG 1VL:ilLGU C.WQ.y 11 Vlll
adjacent residential receivers or shielded
with noise barriers or other enclosures.
MM NOI - 3.4: Commercial deliveries or
pickups shall be prohibited between the
hours of 8:00 PM and 8:00 AM weekdays
(Monday through Friday) and 6:00 PM and
9:00 AM on weekends (Saturday and
Sunday) and holidays (Cupertino Municipal
Code 10.48.062).
Source: City of Cupertino. Final Environmental Impact Report for the Main Street Cupertino Pro,~ect. January 2009.
30