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EA-2017-02 RES.docxCITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 89 OF THE ADMINSTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO SUBDIVIDE AN APPROXIMATELY 0.44 -ACRE LOT INTO TWO (2) PARCELS OF APPROXIMATELY 8,892 SQUARE FEET AT 22561 ALCALDE ROAD (APN 342-29-063) SECTION I: PROTECT DESCRIPTION Application No: EA -2017-02 Applicant: Cindy Hsu Location: 22561 Alcalde Road (APN: 342-29-063) SECTION II: ENVIRONMENTAL REVIEW PROCESS WHEREAS, the City of Cupertino received an application to subdivide an approximately 0.44 -acre lot into two (2) equal parcels of approximately 8,892 square feet; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) ("CEQA") together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative Declaration for the Project ("IS/MND"); and WHEREAS, the Project is additionally described in the January 2018 "Alcalde Road Lot Split Project" Draft Initial Study/Mitigated Negative Declaration ("Draft IS/MND"); and WHEREAS, on February 1, 2018 the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration; and WHEREAS, on February 1, 2018 the Draft IS/MND for the project was distributed to responsible agencies and the public for review and comment for a 20 -day period that ended February 21, 2018; and WHEREAS, the IS/MND concluded that significant environmental effects on Biological Resources, and Hazards and Hazardous Materials would be avoided or reduced to less - than -significant levels by mitigation measures ("MM") identified in the IS/MND; and Resolution No. 89 EA -2017-02 April 12, 2018 Page -2 WHEREAS, On March 1, 2018, prior to making any recommendations regarding the adoption of the Draft IS/MND, the City of Cupertino's Environmental Review Committee held a duly noticed public hearing to receive public testimony where it reviewed and considered the information contained in the Draft IS/MND, voted 5-0-0 to recommend that the Hearing Officer adopt the Draft IS/MND (EA -2017-02) and mitigation measures; and WHEREAS, the Administrative Officer has independently reviewed and considered the IS/MND prior to taking action on the Project; WHEREAS, on April 12, 2018 prior to taking action on the Project, the Administrative Officer held a duly noticed public hearing to receive staff's presentation and public testimony, and to further consider the information contained in the Final IS/MND, along with all staff reports, other pertinent documents, and all written and oral statements received prior to and at the public hearing. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony, staff reports, public comments, and other evidence submitted in this matter, the Administrative Officer: 1. Finds that the Final IS/MND for the Project has been completed in compliance with the CEQA and reflects the independent judgment and analysis of the City. 2. Finds that, on the basis of the whole record before it, there is no substantial evidence that the Project as proposed and mitigated will have a significant effect on the environment. 3. Adopts the Final Mitigated Negative Declaration (Final MND) for the Project. 4. Adopts the Mitigation Monitoring and Reporting Program for the Project, attached hereto as Exhibit 1, and incorporated herein by reference, which incorporates all the mitigation measures required under the Final MND. The Administrative Officer further makes the mitigation measures required conditions of approval of the Project to the extent they are within the responsibility and jurisdiction of the City as summarized below: a. BIOLOGICAL RESOURCES MITIGATION MEASURES MM IV -1: A pre -construction survey for nesting birds shall be conducted for the project site and a 250 -foot radius around the project site by a qualified biologist not more than two weeks prior to site disturbance during the breeding season (February 1 to August 31). If site disturbance commences outside the breeding season, a pre - construction survey for nesting birds are not required. If active nests of migratory Resolution No. 89 EA -2017-02 April 12, 2018 Page -3 birds are not detected within approximately 250 feet of the project site, further mitigation is not required. Results of the survey shall be submitted to the Community Development Department. If nesting raptors or other migratory birds are detected on or within 250 feet of the site during the survey, a suitable construction -free buffer shall be established around all active nests. The dimensions of the buffer shall be a minimum of 75 feet for passerine birds and 250 feet for raptors. The buffer size may vary depending on location and species. The buffer areas shall be enclosed with temporary fencing, and construction equipment and workers shall not enter the enclosed setback areas. Suffers shall remain in place for the duration of the breeding season or until a qualified biologist has confirmed that all chicks have fledged and are independent of their parents. b. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURES MM VIII -1: Prior to issuance of any grading permits, the following measures shall be reflected on the project grading and foundation plans, subject to review and approval by the City Engineer: • Six inches of soil shall be removed within the proposed landscape areas along the northern and western boundaries of the project site. The aforementioned landscape areas shall subsequently be capped with a minimum of 0.5 feet of clean imported fill. • The top six inches of soils removed within the aforementioned landscape areas shall be off -hauled by a licensed hazardous waste contractor (Class A) and contractor personnel that have completed 40 -hour OSHA hazardous training, and shall be disposed of appropriately in accordance with applicable federal, State, and local regulations associated with hazardous waste. The project applicant shall provide proof of implementation of the above measures to the Community Development Department. MM VIII -2: After demolition and removal of on-site structures and hardscapes, but prior to initiation of grading, the applicant shall conduct additional soil sampling within the previously inaccessible on-site areas to determine if the underlying soils contain contaminants in excess of the applicable Environmental Screening Levels (ESLs) set by the Regional Water Quality Control Board. The results of soil Resolution No. 89 EA -2017-02 April 12, 2018 Page -4 sampling shall be submitted to the Community Development Department prior to initiation of grading. If contaminants are not detected above applicable ESLs, then further mitigation is not required. If contaminants are detected above the applicable ESLs, then the soils shall be remediated by off -hauling to a licensed landfill facility. MM VIII -3: Prior to issuance of a demolition permit for any on-site structures, the project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review to the Community Development Department an asbestos and lead survey. If asbestos -containing materials or lead -containing materials are not discovered during the survey, further mitigation related to asbestos -containing materials or lead containing materials shall not be required. If asbestos -containing materials and/or lead -containing materials are discovered by the survey, the project applicant shall prepare a work plan to demonstrate how the on-site asbestos -containing materials and/or lead -containing materials shall be removed in accordance with current California Occupational Health and Safety (Cal -OSHA) Administration regulations and disposed of in accordance with all CalEPA regulations, prior to the demolition and/or removal of the on-site structures. The plan shall include the requirement that work shall be conducted by a Cal -OSHA registered asbestos and lead abatement contractor in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the Community Development Department for review and approval. Materials containing more than one (1) percent asbestos that is friable are also subject to BAAQMD regulations. Removal of materials containing more than one (1) percent friable asbestos shall be completed in accordance with BAAQMD Section 11-2-303. PASSED AND ADOPTED this 12th day of April, 2018 at a noticed Public Hearing of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. ATTEST: /s/Gian Paolo Martire Gian Paolo Martire Associate Planner APPROVED: /s/Benjamin Fu Benjamin Fu Asst. Director of Community Development Exhibit EA -1 Mitigation Monitoring and Reporting Program Alcalde Road Lot SplID it Project 22561 Alcalde Road (APN 341-29-063) Impact Mitigation Measure Timeframe and Responsibility for Implementation Method of Compliance Oversight of Implementation BIOLOGICAL RESOURCES IMPACT A - SIO MM IV -1: If construction If grading and/or tree Director of Have a substantial A pre -construction survey for nesting activities and any removal begins during the Community adverse effect, either birds shall be conducted for the project required tree removal stated dates in the Development directly or through site and a 250 -foot radius around the occur during the mitigation measure, a final habitat modifications, project site by a qualified biologist not breeding season report of nesting birds, on any species more than two weeks prior to site (February 1 and including any protection identified as a disturbance during the breeding August 31), a qualified measures, shall be candidate, sensitive, season (February 1 to August 31). If site biologist (hired by the submitted to the Director of or special status disturbance commences outside the Project proponent) Community Development species in local or breeding season, a pre -construction shall conduct surveys prior to the start of regional plans, survey for nesting birds are not prior to tree removal demolition and/or any policies, or required. If active nests of migratory or construction construction activity, regulations, or by the birds are not detected within activities. including grading. California approximately 250 feet of the project Department of Fish site, further mitigation is not required. Preconstruction and Game or U.S. Fish Results of the survey shall be surveys are not and Wildlife Service? submitted to the Community required for tree Development Department. removal or construction activities If nesting raptors or other migratory outside the nesting birds are detected on or within 250 feet period. of the site during the survey, a suitable construction -free buffer shall be established around all active nests. The dimensions of the buffer shall be a minimum of 75 feet for passerine birds and 250 feet for raptors. The buffer size may vary depending on location and species. The buffer areas shall be enclosed with temporary fencing, and Impact Mitigation Measure Timeframe and Method of Compliance Oversight of Responsibility for Implementation Implementation construction equipment and workers shall not enter the enclosed setback areas. Buffers shall remain in place for the duration of the breeding season or until a qualified biologist has confirmed that all chicks have fledged and are independent of their parents. HAZARDS AND HAZARDOUS MATERIALS IMPACT B — HAZ MM VIII -1: Prior to issuance of The City Engineer shall Director of Create a significant Prior to issuance of any grading any grading permits, review all project grading Community hazard to the public or permits, the following measures shall the applicant shall and foundation plans for Development and the environment be reflected on the project grading and note the required the noted measures prior to City Engineer through reasonably foundation plans, subject to review and measures on all issuance of any grading foreseeable upset and approval by the City Engineer: grading and permits. accident conditions foundation plans. involving the likely • Six inches of soil shall be Proof of implementation of release of hazardous removed within the proposed The required measures the measures shall be materials into the landscape areas along the shall be conducted by provided to the environment? northern and western a licensed hazardous Community Development boundaries of the project site. waste contractor Department upon The aforementioned landscape (Class A) and completion. areas shall subsequently be contractor personnel capped with a minimum of 0.5 that have completed feet of clean imported fill. 40 -hour OSHA • The top six inches of soils hazardous training. removed within the aforementioned landscape areas shall be off -hauled by a licensed hazardous waste contractor (Class A) and contractor personnel that have Impact Mitigation Measure Timeframe and Responsibility for Implementation Method of Compliance Oversight of Implementation completed 40 -hour OSHA hazardous training, and shall be disposed of appropriately in accordance with applicable federal, State, and local regulations associated with hazardous waste. The project applicant shall provide proof of implementation of the above measures to the Community Development Department. MM VIII -2: After demolition and The results of soil sampling Director of After demolition and removal of on- removal of on-site shall be submitted to the Community site structures and hardscapes, but structures and Community Development Development prior to initiation of grading, the hardscapes, but prior Department prior to applicant shall conduct additional soil to initiation of initiation of grading. sampling within the previously grading, the applicant inaccessible on-site areas to determine shall have additional if the underlying soils contain soil sampling contaminants in excess of the conducted. applicable Environmental Screening Levels (ESLs) set by the Regional Water Quality Control Board. The results of soil sampling shall be submitted to the Community Development Department prior to initiation of grading. If contaminants are not detected above applicable ESLs, then further mitigation is not required. If contaminants are detected above the Impact Mitigation Measure Timeframe and Responsibility for Implementation Method of Compliance Oversight of Implementation applicable ESLs, then the soils shall be remediated by off -hauling to a licensed landfill facility. MM VIII -3: Prior to issuance of a Results of the asbestos and Director of Prior to issuance of a demolition permit demolition permit, a lead survey shall be Community for any on-site structures, the project certified Asbestos submitted for review to the Development, applicant shall consult with certified and/or Lead Risk Community Development BAAQMD: Asbestos, Asbestos and/or Lead Risk Assessors to Assessor shall Department prior to Compliance & complete and submit for review to the complete an asbestos issuance of grading and/or Enforcement Community Development Department and lead survey of the demolition permits. an asbestos and lead survey. If existing structures. If asbestos -containing materials or lead- asbestos -containing If a work plan is required containing materials are not discovered materials and/or lead- for the removal of asbestos - during the survey, further mitigation containing materials or lead -containing related to asbestos -containing are discovered, the materials, the applicant materials or lead containing materials project applicant shall shall submit such work shall not be required. If asbestos- prepare a work plan to plan to the Community containing materials and/or lead- demonstrate that Development Department containing materials are discovered by removal of the for review and approval the survey, the project applicant shall asbestos or lead- prior to issuance of prepare a work plan to demonstrate containing materials grading and/or demolition how the on-site asbestos -containing shall be conducted in permits. materials and/or lead -containing compliance with Cal - materials shall be removed in OSHA and CalEPA Should materials accordance with current California regulations. containing more than one Occupational Health and Safety (Cal- percent asbestos that is OSHA) Administration regulations friable be identified in the and disposed of in accordance with all survey, the work plan for CalEPA regulations, prior to the removal shall be prepared demolition and/or removal of the on- in compliance with site structures. The plan shall include BAAQMD regulations and Impact Mitigation Measure Timeframe and Responsibility for Implementation Method of Compliance Oversight of Implementation the requirement that work shall be submitted to BAAQMD for conducted by a Cal -OSHA registered review prior to issuance of asbestos and lead abatement contractor grading and/or demolition in accordance with Title S CCR 1529 permits. and Title S CCR 1532.1 regarding asbestos and lead training, engineering controls, and certifications. The applicant shall submit the work plan to the Community Development Department for review and approval. Materials containing more than one (1) percent asbestos that is friable are also subject to BAAQMD regulations. Removal of materials containing more than one (1) percent friable asbestos shall be completed in accordance with BAAQMD Section 11-2-303.