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ERC 11-15-2012Community Development Department Cupertino, CA 95014 (408) 777 -3308 APPROVED MINUTES OF THE MEETING OF THE ENVIRONMENTAL REVIEW COMMITTEE HELD ON November 15, 2012 Committee Members: David Brandt Timm Borden Marty Miller Gary Chao Barry Chang (arrived at 9:35) Committee Members absent: Aarti Shrivastava Staff present: Carmen Lynaugh Katy Jensen APPROVAL OF MINUTES: October 18, 2012 ACTION: Approval of minutes from October 18, 2012 MOTION: Timm Borden SECOND: David Brandt ABSTAIN: none VOTE: 4 -0 -1 ORAL COMMUNICATIONS (Reserved for persons wishing to address the Committee on issues that are not already included in the regular Order of Business) NEW ITEMS: 1. Application No.: EA- 2012 -06, DP- 2012 -05, ASA- 2012 -13, EXC- 2012 -02, TR- 2012 -41 Applicant: Borelli Investments (Saich Way Station) Location: 20803 Stevens Creek Blvd Development Permit to allow the demolition of 11,610 square feet of existing commercial space and the construction of 15,377 square feet of new commercial space consisting of two new commercial building pads, 7,000 square feet and 8,377 square feet respectively; Architectural and Site Approval Permit to allow the demolition of 11,610 square feet of existing commercial space and the construction of 15,377 square feet of new commercial space consisting of two new commercial building pads and associated site improvements; Exception to the Heart of the City Specific Plan to allow a reduced street side setback for two new commercial building pads, where a 35 foot setback (from the edge of the curb) is required; Tree Removal Permit to allow the removal and replacement of 13 trees in conjunction with a proposed development project. The applicant has requested a postponement to the December 6, 2012 meeting ACTION: Recommend approval of the postponement MOTION: Gary Chao SECOND: David Brandt NOES: none VOTE: 4 -0 -1 2. Application No.: EA- 2012 -07, GPA- 2012 -01, Z- 2012 -02 Applicant: City of Cupertino Location: City owned lot at the comer of Villa Real and Mary Ave General Plan Amendment to change the General Plan Land Use Map designation from "Medium High Density Residential (10 -20 DU /GR.AC.)" to "Park & Open Space" for an approximately 0.51 net acre vacant parcel; Rezoning of an approximately 0.82 gross acre vacant parcel from "P(R1C)- Planned Development, Single Family Residential Cluster Intent" to "PR — Park and Recreation Zone" ❑ Geologic /Soils o In 2010 lead was found in a soil sample but the cost of the remediation program was deemed too great and the project was put on hold o In 2012 the project, including remediation was funded by the City Council o The soil testing outlined a contaminated soil area. Soil in those areas will need to removed at depths from 6" to 12 ", for a maximum depth of 24" or until clean soil is detected or until the maximum depth is reached o The removed soil will be taken to an approved treatment facility ❑ Trees /Landscaping o No landscaping is proposed o A 4' high, chain link fencing would be installed to create 2 dog run areas, with an unleashing area o There are 16 trees in the identified soil remediation area to be removed o If the remediation area needs to be increased, 16 more trees may have to be removed. Five of these trees (1 Pine and 4 Redwoods) are on the property line of the condominium complex to the north. This area will either not be remediated and fenced off from public use or if the trees need to be removed, they will be replaced in accordance with the Tree Ordinance ❑ Air Quality o Standard mitigating measures will be in place during construction to minimize dust ❑ Hazards /Hazardous Materials o The project impacts are "less than significant with mitigation, not merely "less than significant" once the soils remediation is complete ❑ Traffic o No significant impacts o There are sufficient parking spaces along Mary Avenue to accommodate park guests ❑ Noise o No significant impacts o The park abuts the freeway so any noise generated during park usage will be less than the traffic noise ❑ Additional Discussion o This project has been under development since 2010 o The project will be constructed in 2 phases, anticipated actual construction time of 2 to 3 months over a 6 month period o Park improvements include a watering station, trash receptacles, a re- designed walking path, an accessible parking space and two fenced dog areas o The park will not be lighted so use is limited from Sunrise to Sunset hours o Additional surface material (artificial turf) and trees will be installed if the budget allows ACTION: Recommendation for approval of a Mitiga Led Negative Declaration for EA- 2012 -07 MOTION: Marty Miller SECOND: David Brandt NOES: none VOTE: 5 -0 OLD BUSINESS None Respectfully submitted, Beth Ebben Administrative Clerk G /planning /erc/actionminu tes 111512