Supplemental Reports (Updated 06-12-2024)
PRC Special Meeting
June 11, 2024
Desk Items
Item #3
Lawrence-Mitty Park and
Trail project Final
Conceptual Design and
Initial Study/Mitigated
Negative Declaration
RESOLUTION N0. 2024-06
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO FINDING THE PROPOSED LAWRENCE-
MITTY PARK AND TRAIL PROJECT CONCEPTUAL PLAN CONSISTENT
WITH THE CITY OF CUPERTINO GENERAL PLAN
WHEREAS, the City of Cupertino's Lawrence-Mitty Park and Trail project
is a development that the City has pursued since 2002; and
WHEREAS, Cupertino's parks, recreation programs, and community services
complement the built and natural environments and enhance the community; and
WHEREAS, the City's General Plan seeks the development and
maintenance of an exceptional and integrated system of high-quality parks and
recreational amenities that support current and future recreational needs of the
residents; and
WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed
public hearing on the subject application, and considered evidence presented by
the City, city staff, and other interested parties.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Cupertino hereby finds, determines, and resolves as follows:
Section 1: The Planning Commission has duly considered the full record before it,
including the staff report and presentation, facts, exhibits, public testimony, and
other evidence and materials submitted or provided to the Commission.
Furthermore, the recitals set forth above are found to be true and correct and are
incorporated herein by reference.
Section 2: The Planning Commission finds in accordance with the Cupertino
Municipal Code (CMC) section 19.92.040 based on the evidence in the public
record that the Lawrence-Mitty Park and Trail project Conceptual Plan conforms
to the City's General Plan (Community Vision 2015-2040.)
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
City of Cupertino this 28th day of May 2024, by the following vote:
Members of the Planning Commission
AYES: Fung, Lindskog, Madhdhipatla, Mistry, Scharf
NOES:
Resolution No. 2024-06
ABSENT:
ABST AIN:
Attest:
Piu Ghosh
Appro
D vid Fung
Chair, Plannin& CommissionPlanning Manager
RESOLUTION N0. 2024-07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN INITIA[ STUDY/MITIGATED
NEGATIVE DECLARATION, MITIGATION MEASURES,
AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE LAWRENCE-MITTY PARK AND
TRAIL PROJECT
The Planning Commission recommends that the City Council adopt the Mitigated
Negative Declaration, mitigation measures, and Mitigation Monitoring and
Reporting Program, in substantially similar form to the Draft Resolution attached
hereto as Exhibit EA.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
City of Cupertino this 28th day of May 2024, by the following vote:
Members of the Planning Commission
AYES: Fung, Lindskog, Madhdhipatla, Mistry, Sharf
NOES:
ABSENT:
ABST AIN:
ATTEST:
,/7'
Piu Ghosh, ' Manager David Fung, Chair
EXHIBIT EA
RESOLUTION NO.
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLRATION, MITIGATION
MEASURES, AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE LAWRENCE-MITTY PARK AND TRAIL PROJECT
WHEREAS, the California Environmental Quality Act (CEQA) requires
that all discretionary projects proposed to be carried out or approved by public
agencies be subject to a comprehensive environmental review process; and
WHEREAS, on February 12, 2024 the City issued a Notice of Intent to
Adopt a Mitigated Negative Declaration; and
WHEREAS, on February 12, 2024 the Draft Initial Study/Mitigated
Negative Declaration (IS/MND) for the project was distributed to responsible
agencies and the public for review and comment for a 30-day period that ended
March 13, 2024; and
WHEREAS, the City of Cupertino has reviewed and considered all
comments received from the publig governmental agencies, and other interested
parties regarding the IS/MND for the Lawrence-Mitty Park and Trail project; and
WHEREAS, the Final IS/MND for the Lawrence-Mitty Park and Trail
project is comprised of the Draft IS/MND and the Final Memo and Response to
Comments dated May 21, 2024; and
WHEREAS, text revisions made after publication of the Draft IS/MND,
which are found in the Final Memo and Response to Comments, merely clarify,
amplify, or make insignificant modifications to the IS/MND, and recirculation of
the IS/MND is not required; and
WHEREAS, environmental analysis conducted by MIG, Inc. pursuant to
the requirements of California Environmental Quality Act (I/CEQA") (14 Cal
Code. Regs, § 15164), in the services of an Initial Study report, found that there is
no substantial evidence that the project may have a significant effect on the
environment, and the effects can be mitigated to a point where no significant
effects would occur.
WHEREAS, the City of Cupertino finds that the IS/MND adequately
identifies and analyzes the potential environmental impacts of the project and
demonstrates that, with implementation of identified mitigation measures, those
impacts will be reduced to a level of insignificance; and
WHEREAS, the City of Cupertino finds that the IS/MND reflects the City's
commitment to environmental stewardship and sustainability while allowing for
the responsible development and growth of the community;
WHEREAS, on May 28, 2024, the City of Cupertino's Planning
Commission held a duly noticed public hearing to receive public testimony
reviewed and considered the information contained in the IS/MND, and voted to
recommend that the City Council adopt the IS/MND, adopt and incorporate into
the Project and implement as conditions of approval all of the mitigation
measures for the project that are identified in the IS/MND, and adopt the
Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the City Council has independently reviewed and considered
the IS/MND together with the comments and the responses to those comments
prior to taking action on the Project; and
NOW, THEREFORE, BE IT RESOLVED after careful consideration of the IS/MND,
comments on the IS/MND, facts, exhibits, testimony, staff reports, public
comments, and other evidence submitted in this matter, that the Cupertino City
Council does hereby:
1. Find that the IS/MND for the Project has been completed in compliance with
CEQA and reflects the independent judgment and analysis of the City.
2. Find 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. Find that the text revisions to the IS/MND merely clarify, amplify, or make
insignificant modifications to the IS/MND; therefore, recirculation of the
IS/MND is not required.
4. Adopt the Mitigated Negative Dedaration for the Project.
5. Adopt and incorporate into the Project all of the mitigation measures identified
in the IS/MND. The City Council further makes the mitigation measures, which
are listed below, required conditions of approval of the Project to the extent
they are within the responsibility and jurisdiction of the City:
s Mitigation Measure BIO-la. Conduct Preconstnuction Survey. No more
than 24 hours prior to the date of initial ground disturbance, a pre-
construction survey for southwestern pond turtle will be conducted within
the impact area by a qualified biologist. The survey will consist of walking
the limits of impact to ascertain the possible presence of the species. The
qualified biologist will investigate all potential areas that could be used by
southwestern pond turtle for feeding, sheltering, movement, and other
essential behaviors.
A qualified biologist is an individual who shall have a degree in biological
sciences or related resource management with a minimum of two seasonal
years post-degree experience conducting surveys for each amphibian and
reptile special-status species that may be present within the project areas.
During or following academic training, the qualified biologist shall have
achieved a high level of professional experience and knowledge in
biological sciences and special-status species identification, ecology, and
habitat requirements. Additionally, the qualified biologist must be
permitted or authorized to handle and relocate southwestern pond turtle.
s Mitigation Measure BIO-lb. Worker Environmental Awareness Program.
All construction personnel will participate in a worker environmental
awareness program. These personnel will be informed about the possible
presence of all special-status species and habitats associated with the
species identified here to be potentially present in the parcel and that
unlawful take of the animal or destruction of its habitat is a violation of law.
Prior to construction activities, a qualified biologist will instruct all
construction personnel about (1) the description and status of the species;
(2) the importance of their associated habitats; (3) a list of measures being
taken to reduce impacts on these species during project construction and
implementation; and (4) measures to be followed if special-status species
are encountered during construction activities. A fact sheet conveying this
information will be prepared for distribution to the construction crew and
anyone else who enters the project site.
s Mitigation Measure BIO-lc. Install Wildlife Exclusion Barrier. Prior to
any ground disturbance in the work area, a temporary wildlife exclusion
barrier will be installed along the limits of disturbance. A qualified biologist
will inspect the area prior to installation of the barrier. The barrier will be
designed to allow the southwestern pond turtles to leave the work area and
prevent them from entering the work area. The fence will remain in place
until all development activities have been completed. This barrier will be
inspected daily and maintained and repaired as necessary to ensure that it
is functional and is not a hazard to southwestern pond turtles on the outer
side of the barrier.
s Mitigation Measure BIO-ld. Construction Monitoring. A qualified
biologist or biological monitor will be onsite during all project activities that
may result in the take of any special-status species. The qualified biologist
will be given the authority to freely communicate verbally, by telephone,
by electronic mail, or in writing at any time with construction personnel,
any other person(s) at the project site or otherwise associated with the
project, and regulatory agencies (e.g., USFWS or CDFW). The qualified
biologist or biological monitor will have oversight over implementation of
all the mitigation measures and will have the authority and responsibility
to stop project activities if they determine any of the measures are not being
fulfilled.
A biological monitor is an individual who shall have academic and
professional experience in biological sciences and related resource
management activities as it pertains to this project, experience with
construction-level biological monitoring, be able to recognize species that
may be present within the project area and be familiar with the habits and
behavior of those species.
s Mitigation Measure BIO-2a. Pre-Consttuction Survey for San Francisco
Dusky-Footed Woodrats. Within 30 days prior to the start of construction
activities, a qualified biologist shall map all San Francisco dusky-footed
woodrat houses within a 50-foot buffer around the project footprint.
Environmentally sensitive habitat fencing shall be placed to protect the
houses with a minimum 50-foot buffer. If a 50-foot buffer is not feasible, a
smaller buffer may be allowable based on advice from a qualified biologist
with knowledge of woodrat ecology and behavior, or Mitigation Measure
BIO-2b may be implemented.
s Mitigation Measure BIO-2b. Relocation of Woodrat Houses. In the
unlikely event that one or more woodrat houses are determined to be
present and physical disturbance or destruction of the houses cannot be
avoided, then the woodrats shall be evicted from their houses and the nest
material relocated outside of the disturbance area, prior to onset of activities
that would disturb the house, to avoid injury or mortality of the woodrats.
The reproductive season for San Francisco dusky-footed woodrats typically
starts in February or March and breeding activity usually continues to July
but can extend into September Thus, relocation efforts should be
completed in the fall to minimize the potential for impacts on young
woodrats in the house. Additionally, it is recommended that the period
between the completion of the relocation efforts and the start of
construction activities be minimized to reduce the potential for woodrats to
reconstruct houses in the project footprint prior to the start of construction
activities.
Relocation generally involves first choosing an alternate location for the
house material based on the following criteria: 1) proximity to current nest
location; 2) safe buffer distance from planned work; 3) availability of food
resources; and 4) availability of cover. An alternate house structure will
then be built at the chosen location. Subsequently, during the evening hours
(i.e., within I hour prior to sunset), a qualified biologist will slowly
dismantle the existing woodrat house to allow any woodrats to flee and
seek cover. All sticks from the nest will be collected and spread over the
alternate structure. However, alternative relocation measures can be
employed as advised by a qualified wildlife biologist in consultation with
CDFW.
a Mitigation Measure BIO-3a. Pre-Construction Survey for Roosting Bats.
A survey of culverts within the project site, including a 50-foot buffer (as
feasible) shall be conducted by a qualified bat biologist no less than 30 days
b efore the start of construction-related activities (including but not limited
to mobilization and staging, clearing, grubbing, tree removal, vegetation
removal, fence installation, demolition, and grading). If construction
activities are delayed by more than 30 days, an additional bat survey shall
be performed. The survey may be conducted at any time of year but shouId
be conducted in such a way to allow sufficient time to determine if special-
status bats or maternity colonies are present on the site. The results of the
survey shall be documented.
If no habitat or signs of bats are detected during the habitat suitability
survey, no further surveys are warranted. If suitable habitat is present and
signs of bat occupancy (e.g., guano pellets or urine staining) are detected,
Mitigation Measure BIO-3b shall apply.
s Mitigation Measure BIO-3b. Acoustic Survey. If suitable habitat is present
and signs of bat occupancy are detected, a follow-up dusk emergence
survey shall be conducted no less than 30 days prior to construction
activities. A dusk survey will determine the number of bats present and will
also include the use of acoustic equipment to determine the species of bats
present. The results of the survey shall be documented. If an active roost is
observed within the project site, Mitigation Measure BIO-3c shall apply.
n Mitigation Measure BIO-3c. Roost Buffer. If a day roost or a maternity
colony is detected and is found sufficiently close to work areas to be
disturbed by construction activities, the qualified biologist shall determine
the extent of a construction-free buffer zone to be established around the
roost in constiltation with CDFW. Within the buffer zone, no site
disturbance and mobilization of heavy equipment, including but not
limited to equipment staging, fence installation, clearing, grubbing,
vegetation removal, demolition, and grading shall be permitted.
Monitoring shall be required to ensure compliance with relevant California
Fish and Game Code requirements. Monitoring dates and findings shall be
documented.
s Mitigation Measure BIO-4. Pre-Constmction/Pre-Disturbance Sutvey for
Nesting Birds.
Avoidance. To the extent feasible, construction activities should be
scheduled to avoid the nesting season. If construction activities are
scheduled to take place outside the nesting season, all impacts to nesting
birds protected under the MBTA and California Fish and Game Code
would be avoided. The nesting season for most birds in Santa Clara County
extends from February 1 through August 31.
Pre-Construction Surveys. If it is not possible to schedule construction
activities between September I and January 31, then preconstruction
surveys for nesting birds shall be conducted by a qualified biologist to
ensure that no nests would be disturbed during project implementation.
These surveys shall be conducted no more than five days prior to the
initiation of any site disturbance activities and equipment mobilization,
including tree, shrub, or vegetation removal, fence installation, grading, etc.
If project activities are delayed by more than five days, an additional
nesting bird survey shall be performed. During this survey, the biologist
will inspect all trees and other potential nesting habitats (e.g., trees, shrubs,
culverts) in and immediately adjacent to the impact area for nests. Active
nesting is present if a bird is building a nest, sitting in a nest, a nest has eggs
or chicks in it, or adults are observed carrying food to the nest. The results
of the surveys shall be documented.
If an active nest is found sufficiently close to work areas to be disturbed by
these activities, the biologist will determine the extent of a construction-free
buffer zone to be established around the nest (typically up to 1,000 feet for
raptors and up to 250 feet for other species), to ensure that no nests of
species protected by the Migratory Bird Treaty Act MBTA and California
Fish and Game Code will be disturbed during project implementation.
Within the buffer zone, no site disturbance and mobilization of heavy
equipment, including but not limited to equipment staging, fence
installation, dearing, grubbing, vegetation removal, demolition, and
grading will be permitted until the chicks have fledged. Monitoring shall
be required to ensure compliance with MBTA and relevant California Fish
and Game Code requirements. Monitoring dates and findings shall be
documented.
a Mitigation Measure CUL-I. The City of Cupertino (City) shall note on any
plans that require ground disturbing excavation that there is a potential for
exposing buried cultural resources including prehistoric Native American
b urials. Significant prehistoric cultural resources are defined as human
burials, features or other clustering's of finds made, modified, or used by
Native American peoples in the past. The prehistoric and protohistoric
indicators of prior cultural occupation by Native Americans include
artifacts and human bone, as well as soil discoloration, shell, animal bone,
sandstone cobbIes, ashy areas, and baked or vitrified cIays. Prehistoric
materials may include:
a. Human bone - either isolated or intact burials.
b. Habitation (occupation or ceremonial structures as interpreted
from rock rings/features, distinct ground depressions, differences
in compaction (e.g., house floors).
c. Artifacts including chipped stone objects such as projectile points
and bifaces; groundstone artifacts such as manos, metates, mortars,
pestles, grinding stones, pitted hammerstones; and, shell and bone
artifacts including ornaments and beads.
d. Various features and samples including hearths (fire-cracked rock;
baked and vitrified clay), artifact caches, faunal and shellfish
remains (which permit dietary reconstruction), distinctive changes
in soil stratigraphy indicative of prehistoric activities.
e. Isolated artifacts.
a Mitigation Measure CUL-2. It is recommended that prior to the start of
ground disturbing construction, the City should implement a Worker
Awareness Training (WAT) program for cultural resources. Training shall
b e required for all construction personnel participating in ground
disturbing construction to alert them to the archaeological sensitivity of the
project area and provide protocols to follow in the event of a discovery of
archaeological materials. The training shall be provided by a Registered
Professional Archaeologist (RPA).
The RPA shall develop and distribute for job site posting an "ALERT
SHEET" summarizing potential archaeological finds that could be exposed
arid the protocols to be followed as well as points of contact to alert in the
event of a discovery.
a Mitigation Measure CUL-3. The City shall retain a Professional
Archaeologist on an /Jon-call" basis during ground disturbing construction
to review, identify and evaluate any potential cultural resources that may
b e inadvertently exposed during construction. The archaeologist shall
review and evaluate any discoveries to determine if they are historical
resource(s) and/or unique archaeological resources under the California
Environmental Quality Act (CEQA).
If the Professional Archaeologist determines that any cultural resources
exposed during construction constitute a historical resource and/or unique
archaeological resource under CEQA, he/she shall notify the City and other
appropriate parties of the evaluation and recommend mitigation measures
to mitigate to a less-than significant impact in accordance with California
Public Resources Code Section 15064.5. Mitigation measures may include
avoidance, preservation in-place, recordation, additional archaeological
testing, and data recovery among other options. The completion of a formal
Archaeological Monitoring Plan (AMP) and/or Archaeological Treatment
Plan (ATP) that may include data recovery may be recommended by the
Professional Archaeologist if significant archaeological deposits are
exposed during ground disturbing construction. Development and
implementation of the AMP and ATP and treatment of significant cultural
resources will be determined by the City in consultation with any
regulatory agencies.
a Mitigation Measure CUL-4. In accordance with Section 7050.5 of the
California Health and Safety Code, if potential human remains are found,
immediately notify the lead agency (City of Cupertino or Santa Clara
County) staff and the Santa Clara County Coroner of the discovery. The
coroner would provide a determination regarding the nature of the remains
within 48 hours of notification. No further excavation or disturbance of the
identified material, or any area reasonably suspected to overlie additional
remains, can occur until a determination has been made. If the County
Coroner determines that the remains are, or are believed to be, of Native
American ancestry, the coroner would notify the Native American Heritage
Commission within 24 hours. In accordance with California Public
Resources Code, Section 5097.98, the Native American Heritage
Commission must immediately notify those persons it believes to be the
Most Likely Descendant from the deceased Native American. Within 48
hours of this notification, the Most Likely Descendant would recommend
to the lead agency their preferred treatment of the remains and associated
grave goods.
a Mitigation Measure TRIB-I. It is possible for a lead agency to determine
that an artifact is considered significant to a local tribe, and thus considered
a significant resource under CEQA, even if it would not otherwise be
considered significant under CEQA. As such, all Native American tribal
finds are to be considered significant until the lead agency has enough
evidence to make a determination of significance. In the event that Native
American archaeological resources are discovered, or suspected to have
b een discovered, Native American monitoring will be required before
further ground disturbance shall be allowed.
6. Adopt and incorporate into the Project all of the Conditions of Approval noted
in the IS/MND, which are listed below, as required conditions of approval of
the Project to the extent they are within the responsibility and jurisdiction of
the City:
* Standard Permit Condition: The following measures shall be applied to
development of the project site to reduce and/or avoid .impacts to
paleontological resources:
If vertebrate fossils or other paleontological resources are discovered
during construction, all work on the site shall stop immediately until a
qualified professional paleontologist can assess the nature and importance
of the find and recommend appropriate treatment. Treatment may include
preparation and recovery of fossil materials so that they can be housed in
an appropriate museum or university collection and may also include
preparation of a report for publication describing the finds. The City of
Cupertino's Project Manager or other suitable representative shall be
responsible for submitting the paleontologist's report to the Director of
Public Works and implementing the recommendations of the qualified
professional paleontologist. The representative shall submit a report to the
Director of Public Works indicating how the paleontologist's
recommendations were complied with as soon as all measures have been
incorporated into the project.
7. Adopt the Mitigation Monitoring and Reporting Program for the Project, as
amended, attached hereto as Exhibit EA-1, and incorporated herein by
reference, which incorporates all the mitigation measures identified in the Final
IS/MND.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this th day of 2024, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABST AIN:
SIGNED:
Shiela Mohan, Mayor
City Council
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
EXHIBIT EA-I
EXHIBIT EA-1 : Mitigation Monitoring and Reporting Program
Lawrence-Mitty Park and Trail Project
MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation, Monitoring and Reporting Program (MMRP) has been prepared pursuant to the
CEQA Guidelines, which state:
"When adopting a mitigated negative declaration, the lead agency shall also adopt a
program for reporting on or monitoring the changes which it has either required in the
project or made a condition of approval to mitigate or avoid significant environmental
effects" (§1 5074(d)) and;
"The Lead Agency may choose whether its program will monitor mitigation, report on
mitigation, or both. "Reporting" generally consists of a written compliance review that is
presented to the decision-making body or authorized staff person. A report may be required
at various stages during project implementation or upon completion of the mitigation
measure. "Monitoring" is generally an ongoing or periodic process of project oversight.
There is often no clear distinction between monitoring and reporting and the program best
suited to ensuring compliance in any given instance will usually involve elements of both.
(§15097 (c))
The table beginning on the next page lists the impacts, mitigation measures, and timing of the
mitigation measures (when the measures will be implemented) related to the City of Cupertino,
Lawrence-Mitty Park and Trail Project. All mitigation measures listed here will be implemented
by the City and its contractors.
According to CEQA Guidelines section 15'f26.4 (a) (2), "Mitigation measures must be fully
enforceable through permit conditions, agreements, or other legally-binding instruments. In the
case of the adoption of a plan, policy, regulation, or other public project, mitigation measures
can be incorporated into the plan, policy, regulation, or project design." Therefore, all mitigation
measures as listed in this MMRP will be adopted by the City when the project is approved.
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Page 1
Mitigation Monitoring and Reporting Program 2
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Impact BIO-I.
Project construction
and project activities
could result in direct
and indirect impacts
to the southwestern
pond turtle.
I
Mitigation Measure BIO-la. Conduct Preconstruction Survey. No more
than 24 hours prior to the date of initial ground disturbance, a pre-
construction survey for southwestern pond turtle will be conducted within
the impact area by a qualified biologist. The survey will consist of walking
the limits of impact to ascertain the possible presence of the species. The
qualified bioogist will investigate all potential areas that could be used by
southwestern pond turtle for feeding, sheltering, movement, and other
essential behaviors.
A qualified biologist is an individual who shall have a degree in biological
sciences or related resource management with a minimum oT two seasonal
years post-degree experience conducting surveys for each amphibian and
reptile special-status species that may be present within the project area.
During or following academic training, the qualified biologist shall have
achieved a high level of professional experience and knowledge in
biological sciences and special-status species identification, ecology, and
habitat requirements. Additionally, the qualified biologist must be permitted
or authorized to handle and relocate southwestern pond turtle.
Mitigation Measure BIO-lb. Worker Environmental Awareness
Program. All construction personnel will participate in a worker
environmental awareness program. These personnel will be informed
about the possible presence of all special-status species and habitats
associated with the species identified here to be potentially present in the
parcel and that unlawful take of the animal or destruction of its habitat is a
violation of law. Prior to construction activities, a qualified biologist will
instruct all construction personnel about (1 ) the description and status of
the species; (2) the importance of their associated habitats; (3) a list of
measures being taken to reduce impacts on these species during project
construction and implementation; and (4) measures to be followed if
special-status species are encountered during construction activities. A fact
Implementation:
City of Cupertino
or its contractor
shall implement
this measure with
a qualified
biologist.
Timing:
During
construction
activities,
Monitoring: City
of Cupertino and
a qualiTied
biologist.
Initials:
Date:
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 3
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sheet conveying this information will be prepared for distribution to the
construction crew and anyone else who enters the project site.
Mitigation Measure BIO-lc. Install Wildlife Exclusion Barrier. Prior to
any ground disturbance in the work area, a temporary wildlife exclusion
barrier will be installed along the limits or disturbance. A qualified biologist
will inspect the area prior to installation of the barrier. The barrier will be
designed to al1ow the southwestern pond turtles to leave the work area and
prevent them from entering the work area. The fence will remain in place
until all development activities have been completed. This barrier will be
inspected daily and maintained and repaired as necessary to ensure that it
is functional and is not a hazard to southwestern pond turtles on the outer
side of the barrier.
Mitigation Measure BIO-ld. Construction Monitoring. A qualified
biologist or biological monitor will be onsite during all project activities that
may result in the take of any special status species. The qualified biologist
will be given the authority to freely communicate verbally, by telephone,
electronic mail, or in writing at any time with construction personnel, any
other person(s) at the project site, otherwise associated with the project,
and regulatory agencies (e.g., USFWS or CDFW). The qualified biologist or
biological monitor will have oversight over implementation of all the
mitigation measures and will have the authority and responsibility to stop
project activities if they determine any of the measures are not being
Tulfilled.
A biological monitor is an individual who shall have academic and
professional experience in biological sciences and related resource
management activities as it pertains to this project, experience with
construction-level biological monitoring, be able to recognize species that
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 4
Mitigation Measure
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may be present within the project area, and be familiar with the habits and
behavior of those species.
Impact BIO-2:
Project construction
and project activities
could result in direct
and indirect impacts
to the San Francisco
dusky-footed
woodrat.
Mitigation Measure BIO-2a: Pre-Construction Survey for San
Francisco Dusky-Footed woodrats. Within 30 days prior to the start of
construction activities, a qualified biologist shall map all San Francisco
dusky-footed woodrat houses within a 50-foot buffer around the project
footprint. Environmentally sensitive habitat fencing shall be placed to
protect the houses with a minimum 50-foot buffer. If a 50-foot buffer is not
feasible, a smaller buffer may be allowable based on advice from a
qualified biologist with knowledge of woodrat ecology and behavior, or
Mitigation Measure BIO-2b may be implemented.
Mitigation Measure BIO-2b: Relocation of Woodrat Houses. In the
unlikely event that one or more woodrat houses are determined to be
present and physical disturbance or destruction of the houses cannot be
avoided, then the woodrats shall be evicted From their houses and the nest
material relocated outside of the disturbance area, prior to onset of
activities that would disturb the house, to avoid injury or mortality of the
woodrats. The reproductive season for San Francisco dusky-footed
woodrats typically starts in February or March and breeding activity usually
continues to July but can extend into September. Thus, relocation efforts
should be completed in the fall to minimize the potential for impacts on
young woodrats in the house. Additionally, it is recommended that the
period between the completion of the relocation efforts and the start of
construction activities be minimized to reduce the potential for woodrats to
reconstruct houses in the project footprint prior to the start of construction
activities.
Implementation:
City of Cupertino
or its contractor
shall implement
this measure with
a qualified
biologist.
Timing:
During
construction
activities.
Monitoring: City
of Cupertino and
a qualified
biologist.
Initials:
Date:
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 5
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Impact BIO-3:
Project construction
activities could
potentially result in
the abandonment of
roosting bat nest
sites.
Mitigation Measure BIO-3a: Pre-Construction Survey for Roosting
Bats. A survey of culverts within the project site, including a 50-foot buffer
(as feasible) shall be conducted by a qualified bat biologist no less than 30
days before the start of construction-related activities (including but not
limited to mobilization and staging, clearing, grubbing, tree removal,
vegetation removal, fence installation, demolition, and grading). If
construction activities are delayed by more than 30 days, an additional bat
survey shall be performed. The survey may be conducted at any time of
year but should be conducted in such a way to allow sufficient time to
determine if special-status bats or maternity colonies are present on the
site. The results of the survey shall be documented.
If no habitat or signs of bats are detected during the habitat suitability
survey, no further surveys are warranted. If suitable habitat is present and
signs or bat occupancy (e.g., guano pellets or urine staining) are detected,
Mitigation Measure BIO-3b shall apply.
Mitigation Measure BIO-3b: Acoustic Survey. If suitable habitat is
present and signs of bat occupancy are detected, a follow-up dusk
emergence survey shall be conducted no less than 30 days prior to
construction activities. A dusk survey will determine the number of bats
present and will also include the use of acoustic equipment to determine
the species of bats present. The results of the survey shall be documented.
If an active roost is observed within the project site, Mitigation Measure
BIO-3c shall apply.
Mitigation Measure BIO-3c: Roost Buffer. If a day roost or a maternity
colony is detected and is found sufficiently close to work areas to be
disturbed by construction activities, the qualified biologist shall determine
the extent of a construction-free buffer zone to be established around the
roost in consultation with CDFW. Within the buffer zone, no site
Implementation:
City of Cupertino
or its contractor
shall implement
this measure with
a qualified
biologist.
Timing:
Prior to
construction
activities.
Monitoring: City
of Cupertino and
a qualified
biologist.
Initials:
Date:
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 6
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disturbance and mobilization of heavy equipment, including but not limited
to equipment staging, fence installation, clearing, grubbing, vegetation
removal, demolition, and grading shall be permitted. Monitoring shall be
required to ensure compliance with relevant California Fish and Game
Code requirements. Monitoring dates and findings shall be documented.
lmpact BIO-4:
Construction
disturbance during
the avian breeding
season could cause
the incidental loss of
eggs or nestlings, or
cause the
abandonment of
nests, resulting in
the incidental take of
protected nesting
birds.
Mitigation Measure BIO-4: Pre-Construction/Pre-Disturbance Survey
for Nesting Birds.
Avoidance. To the extent feasible, construction activities should be
scheduled to avoid the nesting season. If construction activities are
scheduled to take place outside the nesting season, all impacts to nesting
birds protected under the MBTA and California Fish and Game Code would
be avoided. The nesting season for most birds in Santa Clara County
extends From February I through August 31.
Pre-Construction Surveys. If it is not possible to schedule construction
activities between September I and January 31, then preconstruction
surveys for nesting birds shall be conducted by a qualified biologist to
ensure that no nests would be disturbed during project implementation.
These surveys shall be conducted no more than five days prior to the
initiation of any site disturbance activities and equipment mobilization,
including tree, shrub, or vegetation removal, fence installation, grading, etc.
If project activities are delayed by more than five days, an additional
nesting bird survey shall be performed. During this survey, the biologist will
inspect all trees and other potential nesting habitats (e.g., trees, shrubs,
culverts) in and immediately adjacent to the impact area for nests. Active
nesting is present if a bird is building a nest, sitting in a nest, a nest has
eggs or chicks in it, or adults are observed carrying food to the nest. The
results of the surveys shall be documented.
Implementation:
City of Cupertino
or its contractor
shall implement
this measure with
a qualified
biologist.
Timing:
Prior to and
during
construction
activities.
Monitoring: City
of Cupertino and
a qualified
biologist.
Initials:
Date:
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 7
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If an active nest is found sufficiently close to work areas to be disturbed by
these activities, the biologist will determine the extent of a construction-free
buffer zone to be established around the nest (typically up to I,000 feet for
raptors and up to 250 feet for other species), to ensure that no nests of
species protected by the MBTA and California Fish and Game Code will be
disturbed during project implementation. Within the buffer zone, no site
disturbance and mobilization oT heavy equipment, including but not limited
to equipment staging, fence installation, clearing, grubbing, vegetation
removal, demolition, and grading will be permitted until the chicks have
fledged. Monitoring shall be required to ensure compliance with MBTA and
relevant California Fish and Game Code requirements. Monitoring dates
and findings shall be documented.
Impact CUL-I :
Ground disturbing
excavation related to
the project may
expose buried
cultural resources
including prehistoric
Native American
burials.
Mitigation Measure CUL-1 : The City of Cupertino (City) shall note on any
plans that require ground disturbing excavation that there is a potential for
exposing buried cultural resources including prehistoric Native American
burials. Significant prehistoric cultural resources are defined as human
burials, features or other clusterings of finds made, modified or used by
Native American peoples in the past. The prehistoric and protohistoric
indicators of prior cultural occupation by Native Americans include artiTacts
and human bone, as well as soil discoloration, shell, animal bone,
sandstone cobbles, ashy areas, and baked or vitrified clays. Prehistoric
materials may include:
a. Human bone - either isolated or intact burials.
b. Habitation (occupation or ceremonial structures as interpreted
from rock rings/features, distinct ground depressions, differences in
compaction (e.g., house floors).
Implementation:
The City of
Cupertino shall
implement this
measure with a
qualified
Archaeologist.
Timing: During
construction
activities.
Monitoring:
City of Cupertino.
In the event
archaeological
resources are
discovered, a
qualified
archaeologist
shall write a
report detailing
their findings and
submit it to the
City of Cupertino.
Initials:
Date:
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 8
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c. Artifacts including chipped stone objects such as projectile points
and biTaces; groundstone artifacts such as manos, metates,
mortars, pestles, grinding stones, pitted hammerstones; and shell
and bone artifacts including ornaments and beads.
d. Various features and samples including hearths (fire-cracked
rock; baked and vitrified clay), artifact caches, faunal and shellTish
remains (which permit dietary reconstruction), distinctive changes in
soil stratigraphy indicative of prehistoric activities.
e. Isolated artifacts.
Mitigation Measure CUL-2: It is recommended that prior to the start of
ground disturbing construction, the City should implement a Worker
Awareness Training (WAT) program for cultural resources. Training shall
be required for all construction personnel participating in ground disturbing
construction to alert them to the archaeological sensitivity of the project
area and provide protocols to follow in the event of a discovery of
archaeological materials. The training shall be provided by a Registered
Professional Archaeologist (RPA). The RPA shall develop and distribute for
job site posting an I'ALERT SHEET" summarizing potential archaeological
finds that could be exposed and the protocols to be followed as well as
points of contact to alert in the event of a discovery.
Mitigation Measure CUL-3: The City shall retain a Professional
Archaeologist on an "on-call" basis during ground disturbing construction to
review, identify and evaluate any potential cultural resources that may be
inadvertently exposed during construction. The archaeologist shall review
and evaluate any discoveries to determine if they are historical resource(s)
and/or unique archaeological resources under the California Environmental
Quality Act (CEQA). If the Professional Archaeologist determines that any
cultural resources exposed during construction constitute a historical
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 9
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resource and/or unique archaeological resource under CEQA, he/she shall
notify the City and other appropriate parties of the evaluation and
recommend mitigation measures to mitigate to a less-than significant
impact in accordance with California Public Resources Code Section
15064.5. Mitigation measures may include avoidance, preservation in-
place, recordation, additional archaeological testing and data recovery
among other options. The completion of a formal Archaeological Monitoring
Plan (AMP) and/or Archaeological Treatment Plan (ATP) that may include
data recovery may be recommended by the Professional Archaeologist if
significant archaeological deposits are exposed during ground disturbing
construction. Development and implementation of the AMP and ATP and
treatment of significant cultural resources will be determined by the City in
consultation with any regulatory agencies.
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
Mitigation Monitoring and Reporting Program Page 10
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Impact CUL-2:
Construction of the
project may
inadvertently
uncover unrecorded
human remains.
Mitigation Measure CUL-4: In accordance with Section 7050.5 of the
California Health and Safety Code, if potential human remains are found,
immediately notify the lead agency (City of Cupertino or Santa Clara
County) staff and the Santa Clara County Coroner of the discovery. The
coroner would provide a determination regarding the nature of the remains
within 48 hours of notification. No further excavation or disturbance of the
identified material, or any area reasonably suspected to overlie additional
remains, can occur until a determination has been made. If the County
Coroner determines that the remains are, or are believed to be, of Native
American ancestry, the coroner would notify the Native American Heritage
Commission within 24 hours. In accordance with California Public
Resources Code, Section 5097.98, the Native American Heritage
Commission must immediately notify those persons it believes to be the
Most Likely Descendant from the deceased Native American. Within 48
hours of this notification, the Most Likely Descendant would recommend to
the lead agency their preferred treatment of the remains and associated
grave goods.
Implementation:
The City of
Cupertino shall
implement this
meaSLlre.
Timing:
During
construction
activities.
Monitoring:
City of Cupertino
and a qualified
archaeologist.
Initials:
Date:
ImpactTRIB-l:
Project construction
could disturb or
damage unknown
tribal cultural
resources resulting
in an adverse
change in the
significance of the
tribal resource.
Mitigation Measure TRIB-1: It is possible for a lead agency to determine
that an artifact is considered significant to a local tribe, and thus considered
a significant resource under CEQA, even if it would not otherwise be
considered significant under CEQA. As such, all Native American tribal
finds are to be considered significant until the lead agency has enough
evidence to make a determination of significance. In the event that Native
American archaeological resources are discovered, or suspected to have
been discovered, Native American monitoring will be required before
further ground disturbance shall be allowed.
Implementation:
The City of
Cupertino or its
contractor shall
implement this
measure.
Timing:
During
construction
activities
Monitoring:
City of Cupertino.
In the event
paleontological
resources are
encountered, a
paleontologist
shall be
contacted to
evaluate the find.
Initials:
Date:
Lawrence-Mitty Park and Trail Project
City of Cupertino
March 2024
PRC Special Meeting
June 11, 2024
Desk Items
Monthly Update Reports
Chair Shearin
PRC Special Meeting
June 11, 2024
Desk Items
Monthly Update Reports
Vice Chair Buch