116-15 - Mitigation Monitoring and Reporting Program.pdfMitigation Monitoring and Reporting Program
10121 North Foothill Boulevard
Live/Work Project
April 2014
1
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Biological Resources
Impact BIO-1: The
development of the
proposed project could
result in direct impacts to
nesting birds, if present on
or adjacent to the site at
the time of construction.
Less Than Significant
Impact with Mitigation
Incorporated
MM BIO-1.1: Removal of trees on the project site should
be scheduled between September and December (inclusive)
to avoid the nesting season for birds and no 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), a pre-
construction survey for nesting birds shall be conducted by
a qualified ornithologist to identify active nesting raptor or
other bird nests that may be 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 & Wildlife (CDFW),
designate a construction-free buffer zone 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-
If tree removal on the
site is to occur
between January and
August, the project
applicant shall be
responsible for
implementing MM
BIO-1.2 no more than
14 days prior to the
initiation of
demolition/
construction activities
during the early part of
the breeding season
(January through
April) and no more
than 30 days prior to
the initiation of these
activities during the
late part of the
breeding season (May
through August).
A final report of
nesting birds,
including any
protection measures,
shall be submitted to
the Director of
Community
Development prior
to the start of
grading or tree
removal.
Director of
Community
Development and
CDFW (if
necessary)
2
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
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.
Cultural Resources
Impact CUL-1:
Development of the
proposed project could
result in significant
impacts to buried cultural
resources, if encountered.
Less Than Significant
Impact with Mitigation
Incorporated
MM CUL-1.1: In the event of the discovery of prehistoric
or historic archaeological deposits or paleontological
deposits, work shall be halted within 50 feet of the
discovery and a qualified professional archaeologist (or
paleontologist, as applicable) 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-1.2: In the event that human remains are found,
all project-related construction shall cease within a 50-foot
radius of the find in order to 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
During construction,
the project applicant
and contractor shall be
responsible for
notification of any
discoveries.
All measures shall
be printed on all
construction
documents,
contracts, and
project plans and
shall be reviewed by
the Director of
Community
Development prior
to the issuance of
permits.
Director of
Community
Development
3
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
determination as to whether the remains are Native
American. If the Coroner determines that the remains
are not subject to his authority, he shall 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.
MM CUL-1.3: A final report summarizing the discovery
of cultural materials shall be submitted to the Director of
Community Development prior to issuance of building
permits. This report shall contain a description of the
mitigation 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.
Hazards and Hazardous Materials
4
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Impact HAZ-1:
Construction workers and
future residences could be
exposed to contaminated
soils and health risks
associated with soil vapor
on-site.
Less Than Significant
Impact with Mitigation
Incorporated
MM HAZ-1.1: The project shall conduct soil sampling and
analysis of the extent of petroleum hydrocarbons (TPH) and
volatile organic compounds (VOC) contamination in soil,
soil vapor, and/or groundwater in accordance with the Work
Plan approved by the Santa Clara County Department of
Environmental Health (SCCDEH) on November 5, 2013.
The approved Work Plan describes sample methodology,
sample locations, the quality assurance/quality control plan,
reporting, and schedule. The Work Plan shall be
implemented by the project and the results of the sampling
shall be submitted to the SCCDEH. If additional
investigation is required to sufficiently delineate the
contaminants of concern, additional sampling or mitigation
measures shall be proposed and be reviewed and approved
by the SCCDEH. The Work Plan shall be completed to the
satisfaction of the SCCDEH prior to issuance of grading
permits for project construction.
MM HAZ-1.2: A Site Remediation Plan shall be prepared
based on the documented soil conditions and approved by
the SCCDEH. The Site Remediation Plan shall include the
design of a remedy that has the goal of mitigating ongoing
threats to water quality and to conditions of unacceptable
risk for residential land use. The Site Remediation Plan
shall include implementation and monitoring schedules.
Upon approval of the Site Remediation Plan, the approved
remediation design shall be implemented at the project site,
prior to issuance of grading permits for project construction.
The project applicant
is responsible for
implementing MM
HAZ-1.1 through MM
HAZ-1.3 prior to the
issuance of a grading
permit.
The Work Plan
pursuant to MM
HAZ-1.1 shall be
implemented by the
project applicant and
the results of the
sampling shall be
submitted and
completed to the
satisfaction of the
SCCDEH.
The Site
Remediation Plan
pursuant to MM
HAZ-1.2 would
require approval by
the Santa Clara
Valley Water
District. Necessary
permits from
agencies such as
BAAQMD and
SCVWD shall be
obtained for system
operations.
Soil sampling,
mitigation (removal,
disposal, and
reporting), and
SCCDEH and the
Director of
Community
Development
5
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
Based on the current understanding of site conditions, soil
vapor extraction (SVE) is considered an appropriate remedy
to mitigate the soil vapor levels to an acceptable level for
residential use. An SVE system would consist of a series of
soil vapor extraction wells connected to a vacuum pump.
The depth and number of wells would be determined based
on results of the additional sampling. Vapors collected via
the extraction system would be treated either through
absorption onto activated carbon or destroyed using an on-
site combustion system. The operation of the mitigation
system would be tuned for optimal performance during the
early operations period. Mitigation of soil vapors to levels
acceptable for residential land use is expected to take
approximately three months.
System operation shall comply with City noise ordinances
and necessary permits (e.g., Bay Area Air Quality
Management District) shall be obtained prior to operation of
the system. In addition, required permits for well
installation shall be obtained from the Santa Clara Valley
Water District.
If vapor mitigation through SVE is the only remedy
implemented, confirmation of its effectiveness shall be
documented by four quarters of soil vapor monitoring
(multi-depth vapor wells installed to five and 10 feet at each
proposed residence) performed after the termination of the
remediation system.
closure pursuant to
MM HAZ-1.3
through MM HAZ-
1.5 shall be
approved and
completed to the
satisfaction of the
SCCDEH. Final
approval that the site
is suitable for
residential uses shall
be issued by the
SCCDEH and
copied to the City.
6
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
If a different remedy is approved, the Site Remediation Plan
shall include an applicable implementation plan, schedule,
monitoring, and confirmation program. Other feasible
remedies could include soil excavation with or without
above-ground treatment, passive sub-slab vapor barriers,
active sub-slab vapor management systems, or a
combination of these components.
MM HAZ-1.3: In addition to the sampling described
above, soils at the site shall be assessed for impact from
other potential contaminant sources. These sources shall be
sampled and analyzed as follows:
Soil samples shall be collected near the location of the
former hydraulic hoists and analyzed for PCBs.
Samples shall be collected at locations dictated by
visual evidence of discoloration and analyzed using
EPA SW 846 methodology (e.g., 8081 or 8082). If no
discoloration is evident, one soil sample shall be
collected at each hoist.
Three soil samples shall be collected from the site at a
maximum depth of 0.5 feet below the native soil surface
and analyzed for organochlorine pesticides and arsenic.
Additional samples may be required based on the results
of this analysis.
The soil sampling results shall be compared to
appropriate risk-based screening levels and submitted to
SCCDEH and the Director of Community Development
7
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
prior to construction grading on the site. If additional
investigation is required to sufficiently delineate the
contaminants of concern, additional sampling or
mitigation measures shall be proposed and reviewed
and approved by the SCCDEH prior to construction
grading.
MM HAZ-1.4: Soil containing pesticides, PCB, and/or
petroleum hydrocarbons shall be removed by properly
trained and licensed personnel and contractors, prior to
construction workers entering the site to begin earthwork.
Contaminated soil shall be handled by trained personnel
using appropriate protective equipment and engineering
controls, in accordance with local, state, and federal laws.
Contaminated soil shall be transported separate from other
soil excavated at the site, and disposed at an appropriate
offsite facility in accordance with its characteristics or, if
mitigated by an alternative method, with approval from
SCCDEH, or other appropriate regulatory agency.
The project applicant
and project contractor
are responsible for
implementing MM
HAZ-1.4 prior to
construction workers
entering the site to
begin earthwork.
Soil sampling,
mitigation (removal,
disposal, and
reporting), and
closure pursuant to
MM HAZ-1.3
through MM HAZ-
1.5 shall be
approved and
completed to the
satisfaction of the
SCCDEH. Final
approval that the site
is suitable for
residential uses shall
be issued by the
SCCDEH and
copied to the City.
SCCDEH and the
Director of
Community
Development
MM HAZ-1.5: Upon completion of remediation activities
and confirmation that the resulting conditions are
adequately protective of residential development, a Closure
Report shall be prepared and submitted to the City and
The project applicant
is responsible for
completion of
remediation activities
SCCDEH and the
Director of
Community
Development
8
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
SCCDEH for review and approval. The report shall
summarize:
Past investigations, analytical reports, and current site
conditions;
Implemented mitigation measures and soil management
activities;
Off-site transport and disposal of excavated soil, and
Excavation backfill materials and procedures.
Once the mitigation measures described have achieved
thresholds established for residential use, the report shall
include a request regulatory closure for the property. Final
approval that the site is suitable for residential land uses
shall be issued by SCCDEH and copied to the City of
Cupertino prior to issuance of grading or demolition permits
for project construction.
and obtaining site
regulatory closure per
MM HAZ-1.5 prior to
the issuance of grading
and demolition
permits.
MM HAZ-1.6: A site-specific Health and Safety Plan
(HASP) shall be prepared prior to issuance of grading
permits for project construction to address potential health
and safety hazards associated with implementation of the
Work Plan and proposed redevelopment activities (e.g., site
preparation, demolition, grading and construction). The
HASP shall govern activities of all personnel present during
field activities. A job hazard analysis (JHA) shall be
prepared for each task prior to performing said task. The
JHAs shall include, at a minimum, identification of likely
hazards associated with the task, requirements and
The project applicant
is responsible for
preparing a Health and
Safety Plan outlined in
MM HAZ-1.6 prior to
the issuance of a
grading permit. The
project applicant is
also responsible for
implementation of the
HASP during site
work.
The project
applicant and project
contractors shall
prepare and
implement a HASP
governing all site
redevelopment
activities.
SCCDEH and the
Director of
Community
Development
9
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
procedures for employee protection, and required mitigation
measures. Any contractor performing a task not covered in
the HASP shall be required to develop a JHA specific to
that task prior to performing the task.
MM HAZ-1.7: A Site Management Plan (SMP) shall be
developed to establish management practices for handling
contaminated soil or other materials encountered during
construction activities. The SMP shall identify potential
health, safety, and environmental exposure considerations
associated with redevelopment activities and shall identify
appropriate mitigation measures. The SMP shall be
submitted to the City and SCCDEH for approval prior to
commencing construction activities. The SMP will include
the following:
Proper mitigation as needed and demolition of the
existing structure;
Proper handling and disposal of waste oil below the
building;
Management of stockpiles, including sampling,
disposal, and dust and runoff control including
implementation of a stormwater pollution prevention
program;
Management of underground structures encountered,
including utilities and/or underground storage tanks;
Procedures to follow if evidence of an unknown historic
release of hazardous materials (e.g., underground
storage tanks, buried debris, contamination) is
The project applicant
is responsible for
preparing a SMP per
MM HAZ-1.7, which
shall be approved by
the City and SCCDEH
prior to the
commencement of
construction activities.
The project contractor
is responsible for
implementing the
SMP during
construction activities.
The City and
SCCDEH shall
review and approve
the SMP.
SCCDEH and the
Director of
Community
Development
10
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
discovered during excavation or demolition activities;
Traffic control during site improvements;
Noise, work hours, and other relevant City regulations;
Mitigation of soil vapors; and
Monitoring, reporting, and regulatory oversight
arrangements.
Noise
Impact NOI-1: Proposed
Homes 1-5 could have
interior noise levels
exceeding the City’s
standard of 45 dBA
CNEL.
Less Than Significant
Impact with Mitigation
Incorporated
MM NOI-1.1: Provide a suitable form of forced-air
mechanical ventilation, as determined by the City of
Cupertino Building Official, for all the units so that
windows could be kept closed at the occupant’s discretion
to control noise and achieve the 45 dBA CNEL interior
noise standard.
MM NOI-1.2: Provide sound rated windows and doors
for Homes 1-5 to maintain interior noise levels at acceptable
levels. Preliminary calculations made based on the data
contained in the conceptual design plans indicate that
sound-rated windows and doors with a sound transmission
class rating of STC 30 to 35 would be sufficient to control
noise and achieve the 45 dBA CNEL interior noise
standard.
MM NOI-1.3: Confirm the final specifications for noise
insulation treatments during final design of the project.
Results of the analysis, including the description of the
necessary noise control treatments, shall be submitted to the
City along with the building plans and approved prior to
The project applicant
is responsible for
having a qualified
acoustical consultant
confirm the noise
attenuation measures
required to meet the
City’s interior noise
standard and submit a
report to the City
Project Planner prior
to issuance of building
permits.
At the construction
phase, the project
applicant and
contractor shall be
responsible for
completing all
improvements.
All attenuation
measures shall be
printed on
construction
documents,
contracts, and
project plans and
reviewed by the City
of Cupertino prior to
issuance of building
permits.
Director of
Community
Development
11
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
issuance of building permits.
Impact NOI-2:
Construction of the
proposed project would
result in a significant
temporary noise impact.
Less Than Significant
Impact with Mitigation
Incorporated
MM NOI-2.1: Avoid the unnecessary idling of
equipment and stage construction equipment as far as
reasonable from residences adjacent to the site.
MM NOI-2.2: Prepare a detailed construction plan
identifying the schedule for major noise-generating
construction activities.
MM NOI-2.3: Notify adjacent residents to the project site
of the construction schedule.
MM NOI-2.3: Locate stationary noise generating
equipment such as air compressors or portable power
generators as far as possible from sensitive receptors.
MM NOI-2.4: Construct temporary noise barriers to
screen stationary noise generating equipment when located
near adjoining sensitive land uses.
MM NOI-2.5: Utilize “quiet” air compressors and other
stationary noise sources where technology exists.
MM NOI-2.6: Control noise from construction workers’
radios to a point that they are not audible at existing
residences bordering the project site.
Prior to construction,
the project applicant
shall be responsible
for printing these
measures on all
construction
documents, contracts,
and project plans.
During construction,
the project applicant
and contractor shall be
responsible for
implementing these
measures.
All measures shall
be printed on
construction
documents,
contracts, and
project plans and
reviewed by the
Director of
Community
Development prior
to issuance of
grading and building
permits.
Director of
Community
Development
12
MITIGATION MONITORING AND REPORTING PROGRAM
10121 North Foothill Boulevard Live/Work Project
Impacts Mitigation and/or Avoidance Measure(s)
Timeframe and
Responsibility for
Implementation
Method of
Compliance
Oversight of
Implementation
MM NOI-2.8: Designate a “noise disturbance
coordinator” who would be responsible for responding to
any local complaints about construction noise. The
disturbance coordinator would determine the cause of the
noise complaints (e.g., starting too early, bad muffler, etc.)
and would require that reasonable measures warranted to
correct the problem be implemented. Conspicuously post a
telephone number for the disturbance coordinator at the
construction site and include it in the notice sent to
neighbors regarding the construction schedule.
13
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
Air Quality
The project shall implement the following dust
and diesel exhaust control measures
recommended by BAAQMD and required by the
City during the construction phase of the project:
All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two
times per day;
All haul trucks transporting soil, sand, or
other loose material on-site shall be covered;
All visible mud or dirt track-out onto
adjacent public roads shall be removed using
wet power vacuum street sweepers at least
once per day. The use of dry power
sweeping is prohibited;
All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.
Building pads shall be laid as soon as
possible after grading unless seeding or soil
binders are used;
Post a publicly visible sign with the
telephone number and person to contact at
the lead agency regarding dust complaints.
This person shall respond and take corrective
action within 48 hours. The Air District’s
phone number shall also be visible to ensure
compliance with applicable regulations;
Prior to construction,
the project proponent
shall be responsible for
printing these measures
on all construction
documents, contracts,
and project plans.
During construction,
the project proponent
and contractor shall be
responsible for
implementing these
measures.
All measures shall be
printed on construction
documents, contracts, and
project plans and
reviewed by the Director
of Community
Development prior to
issuance of grading and
building permits.
Director of
Community
Development
14
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to five
minutes (as required by the California
airborne toxics control measure Title 13,
Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be
provided for construction workers at all
access points; and
All construction equipment shall be
maintained and properly tuned in accordance
with manufacturer’s specifications. All
equipment shall be checked by a certified
visible emissions evaluator.
Hazards and
Hazardous Materials
The project, in conformance with regulatory
programs and with the implementation of the
following standard mitigation measures, would
not result in significant impacts from lead-based
paint and/or ACMs:
In conformance with state and local laws, a
visual inspection/pre-demolition survey, and
possible sampling, shall be conducted prior to
the demolition of on-site buildings to
determine the presence of lead-based paint
and/or asbestos-containing materials.
During demolition activities, all building
Prior to construction,
the project proponent
shall be responsible for
printing these measures
on all construction
documents, contracts,
and project plans.
During construction,
the project proponent
and contractor shall be
responsible for
implementing these
All measures shall be
printed on all
construction documents,
contracts, and project
plans and be reviewed by
the Director of
Community Development
prior to issuance of
grading and building
permits.
SCCDEH and the
Director of
Community
Development
15
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
materials containing lead-based paint shall be
removed in accordance with Cal/OSHA Lead
in Construction Standard, Title 8, California
Code Regulations 1532.1, including
employee training, employee air monitoring,
and dust control. Any debris or soil
containing lead-based paint or coatings
would be disposed of at landfills that meet
acceptance criteria for the waste being
disposed.
All potentially friable ACMs shall be
removed in accordance with NESHAP
guidelines prior to building demolition or
renovation that may disturb the materials.
All demolition activities will be undertaken
in accordance with Cal/OSHA standards
contained in Title 8 of the CCR, Section
1529, to protect workers from exposure to
asbestos.
A registered asbestos abatement contractor
shall be retained to remove and dispose of
ACMs identified in the asbestos survey
performed for the site in accordance with the
standards stated above.
Materials containing more than one percent
(1%) asbestos are also subject to BAAQMD
regulations. Removal of materials containing
more than one percent (1%) asbestos shall be
measures.
16
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
completed in accordance with BAAQMD
requirements.
The project, with the implementation of the
above standard project conditions, would not
result in significant impacts from lead-based
paint and ACMs.
Water Quality
In conformance with the City of Cupertino’s
Municipal Code Chapter 9.18, the project shall
implement the following standard measure to
reduce construction and post-construction related
water quality impacts to a less than significant
level:
The project shall implement construction
BMPs to avoid impacts to surface water
quality during construction, to the satisfaction
of the Director of Public Works. Construction
BMPs would include, but would not be limited
to, the following measures:
- Preclude non-stormwater discharges to the
stormwater system.
- Incorporate effective, site-specific Best
Management Practices for erosion and
sediment control during the construction
period.
- Cover soil, equipment, and supplies that
could contribute to non-visible pollution
Prior to construction,
the project proponent
shall be responsible for
printing these measures
on all construction
documents, contracts,
and project plans.
During construction,
the project proponent
and contractor shall be
responsible for
implementing these
measures.
All measures shall be
printed on all
construction documents,
contracts, and project
plans and be reviewed by
the Director of Public
Works prior to issuance
of grading and building
permits.
Director of Public
Works
17
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
prior to rainfall events or monitor runoff.
- Perform monitoring of discharges to the
stormwater system.
The project shall comply with Provision C.3
of NPDES Permit Number CAS612008,
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 biofiltration areas to treat
and reduce the amount of runoff from the
site.
- 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.
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
.
18
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
a minimum, the following conditions:
- Pollution prevention and source control
BMPs 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 and/or high
groundwater table, BMPs shall be subject
to a higher level of analysis (considering
potential for pollutants such as on-site
chemical use, 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
19
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
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 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.
To maintain effectiveness, all storm water
20
Standard Conditions
In addition to the mitigation measures listed above, the following standard measures are conditions of project approval.
Environmental Issue
Standard Measure(s)
Timeframe and
Responsibility for
Implementation
Method of Compliance Oversight of
Implementation
treatment facilities shall include long-term
maintenance programs.
The applicant, the project arborist and
landscape architect, shall work with the City
and the SCVURPPP to select pest resistant
plants to minimize pesticide use, as
appropriate, and the plant selection will be
reflected in the landscape plans.
Public Services
(Parks)
In conformance with standard practices in the
City of Cupertino, the proposed project shall
implement the following standard measure to
reduce park impacts:
The project shall comply with the Municipal
Code requirements for parkland dedication
and/or payment of in-lieu fees (Section
18.24.060).
Prior to issuance of
building permits, the
project proponent shall
be responsible for
complying with the
Municipal Code
requirements for
parkland dedication
and/or payment of in-
lieu fees (Section
18.24.060).
The project proponent
shall provide proof of
compliance with the
City’s Municipal Code
requirements for parkland
dedication and/or
payment of in-lieu fees
(Section 18.24.060) to the
Director of Community
Development prior to
issuance of building
permits.
Director of Public
Works