Loading...
106-PC - 5 Resolution #6731, DP-2011-04, U-2011-11, ASA-2011-14, TR-2011-39.pdf ATTACHMENT PC-5 DP-2011-04, U-2011-11, ASA-2011-14 & TR-2011-39 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO.6731 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF APPROXIMATELY 2.66 MILLION SQUARE FEET OF EXISTING OFFICE, RESEARCH AND DEVELOPMENT BUILDINGS AND THE CONSTRUCTION OF 3.42 MILLION SQUARE FEET OF OFFICE, RESEARCH AND DEVELOPMENT BUILDINGS; 120,000 S.F. (1,000 SEAT) CORPORATE AUDITORIUM, 100,000 S.F. CORPORATE FITNESS CENTER, AND 25,000 S.F. VALET PARKING RECEPTION USES; 92,000 SQUARE FEET OF UTILITY PLANTS; AND ASSOCIATED PARKING FACILITIES AND ANCILLARY BUILDINGS (SUCH AS SECURITY RECEPTION AREAS AND LANDSCAPE MAINTENANCE BUILDINGS); USE PERMIT TO ALLOW A CORPORATE AUDITORIUM AND FITNESS CENTER AT A NEW OFFICE, RESEARCH AND DEVELOPMENT CAMPUS; ARCHITECTURAL AND SITE APPROVAL TO ALLOW A NEW 2.82 MILLION SQUARE FEET OFFICE, RESEARCH AND DEVELOPMENT BUILDING WITH 2,385 BASEMENT PARKING SPACES AND A CAFETERIA, A 5,870 PARKING SPACE STRUCTURED PARKING FACILITY WITH ATTACHED CENTRAL PLANT, A 1,000 SEAT CORPORATE AUDITORIUM, A FITNESS CENTER, AND ASSOCIATED SITE IMPROVEMENTS INCLUDING ACCESS TUNNELS, A SURFACE PARKING LOT, OUTDOOR DINING AND RECREATIONAL FACILITIES AND LANDSCAPING; TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF APPROXIMATELY 4,501 TREES, OF WHICH, APPROXIMATELY 90 TREES ARE PROPOSED TO BE TRANSPLANTED, AND REPLACEMENT WITH AT LEAST 6,200 TREES TO ALLOW THE CONSTRUCTION OF AN OFFICE, RESEARCH AND DEVELOPMENT CAMPUS FOR A PROJECT LOCATED AT THE AREA BOUNDED BY EAST HOMESTEAD ROAD, NORTH TANTAU AVENUE, I-280, NORTH WOLFE ROAD INCLUDING PROPERTIES LOCATED ON THE EAST SIDE OF NORTH TANTAU AVENUE Application No(s).: ASA-2011-14, DP-2011-04, TR-2011-39, U-2011-11 (EA-2011-12) Applicant: Apple Inc. (Dan Whisenhunt) Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280, North Wolfe Road including properties located on the east side of North Tantau Avenue (APN Nos. 316 06 033; 316 06 038; 316 06 039; 316 06 045; 316 06 046; 316 06 048; 316 06 049; 316 06 050; 316 06 051; 316 06 052; 316 Resolution No. 6731 October 2, 2013 Page PC-5-2 06 053; 316 07 044; 316 07 045; 316 07 046; 316 09 019; 316 09 027; 316 09 028; 316 18 012; 316 18 025; 316 18 026; 316 18 027; 316 18 035) Subject: Approval of a 3,789,000 s.f. office, research and development campus WHEREAS, an application was received by the City (Application no. DP-2011-04) for a Development Permit to allow the demolition of approximately 2.66 million square feet of existing office, research and development buildings and the construction of 3.42 million square feet of office, research, and development buildings; 120,000 s.f. (1,000 seat) corporate auditorium, 100,000 s.f. corporate fitness center, and 25,000 s.f. valet parking reception uses; 92,000 square feet of utility plants; and associated parking facilities and ancillary buildings (such as security reception areas and landscape maintenance buildings); and WHEREAS, an application was received by the City (Application no. U-2011-11) for a Conditional Use Permit to allow a corporate auditorium and fitness center at a new office, research and development campus; and WHEREAS, an application was received by the City (Application ASA-2011-14) for Architectural and Site Approval to allow a new 2.82 million square feet office, research and development building with 2,385 basement parking spaces and a cafeteria, a 5,870 parking space structured parking facility with attached central plant, a 1,000 seat corporate auditorium, a fitness center, and associated site improvements including access tunnels, a surface parking lot, outdoor dining and recreational facilities and landscaping; WHEREAS, an application was received by the City (Application no. TR-2011-39) for a Tree Removal Permit to allow the removal of approximately 4,501 trees, of which, approximately 90 trees are proposed to be transplanted, and replacement with at least 6,200 trees WHEREAS, the Development Permit is required for the Apple Campus 2 Project, which consists of demolition of all existing structures within the project site and the construction of 3,420,00 square feet of office, research, and development uses; 245,000 square feet of auditorium, fitness center, and Valet Parking Reception uses; 92,000 square feet of utility plants; and parking and ancillary buildings (such as security reception areas and landscape maintenance buildings), of which the proposed buildings are designed to be energy efficient and to use renewable energy (including energy produced on site via photovoltaic infrastructure and fuel cells), all as fully described and analyzed in the June 2013 Apple Campus 2 Project Environmental Impact Report by text revisions in Chapter IV of the September 2013 Apple Campus 2 Project EIR Response to Comments Document collectively, the Final EIR ); and WHEREAS, the Conditional Use Permit is required allow a corporate auditorium and fitness center at a new office, research and development campus, also fully described and analyzed in the Final EIR; and 2 Resolution No. 6731 October 2, 2013 Page PC-5-3 WHEREAS, the Architectural and Site Approval is required for a new 2.82 million square feet office, research and development building with approximately 2,385 basement parking spaces and a cafeteria, an approximately 5,870 parking space structured parking facility with attached central plant, a 1,000 seat corporate auditorium, a fitness center, and associated site improvements including access tunnels, a surface parking lot, outdoor dining and recreational facilities and landscaping, also fully described and analyzed in the Final EIR; and WHEREAS, the Tree Removal Permit is required to allow the removal of approximately 4,501 trees, of which, approximately 90 trees are proposed to be transplanted, and replacement with at least 6,200 trees to allow the construction of an office, research and development campus for the Apple Campus 2 Project also fully described and analyzed in the Final EIR; and WHEREAS, the necessary public notices have been given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Final EIR was presented to the Planning Commission on October 1, 2013 at a Joint Planning Commission and City Council Study Session; and WHEREAS, the necessary public notices have been given as required by the procedural ordinances of the City of Cupertino and the Government Code, and the Planning Commission held a public hearing on October 2, 2013 in regard to the applications; and WHEREAS, based on substantial evidence in the administrative record, the Planning Commission has recommended that the City Council certify that the Final EIR has been completed in compliance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and reflects the independent judgment and analysis of the City, adopt the Findings and Statement of Overriding Considerations for the Project, and make conditions of approval all of the mitigation measures for the Project that are within the responsibility and jurisdiction of the City that are identified in Findings; and WHEREAS, the Planning Commission has recommended that the City Council approve the General Plan Amendment and the Rezoning applications; and NOW, THEREFORE, BE IT RESOLVED: This resolution shall not become effective and shall be contingent upon approval of and the effective date of the Development Agreement Ordinance. In the event that the Development Agreement Ordinance does not become effective, this resolution shall not be deemed adopted, except for the tree removal permit which is effective ten (10) days after approval of the project. This Resolution shall not be deemed adopted unless both the Rezoning Ordinance and the Development Agreement Ordinance are in full force and effect, except for the tree removal permit which is effective ten (10) days after approval of the project. 3 Resolution No. 6731 October 2, 2013 Page PC-5-4 After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the Planning Commission hereby recommends that the City Council approve Application Nos. ASA-2011-14, DP-2011-04, TR-2011-39, U-2011-11, (EA-2011-12) based upon the findings described in Section II of this resolution, the public hearing record and the Minutes of Planning Commission Meeting of October 2, 2013, and subject to the conditions specified in Section III of this resolution. SECTION II: FINDINGS A. DEVELOPMENT PERMIT (APPLICATION NO. DP-2011-04): 1. The proposed development at the proposed location will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; The Project is designed to minimize the impact upon the surrounding community and the environment. In order to reduce its impact on the environment, the Project will utilize onsite photovoltaics and fuel cells and obtain the remainder of its energy needs from the State of California Direct Access Program, off-site Apple-owned renewable energy projects or grid-purchased renewable energy. The Project has been designed to incorporate passive heating and cooling in the main office building which will use ambient air. This will reduce the use of mechanical cooling making for a more efficient and better work environment. The project has been designed to minimize its impact upon the neighbors, adjacent roads and freeways and the environment. Appropriate mitigation measures to address traffic impacts along with the adoption of an aggressive but achievable Transportation Demand Management Plan will further reduce the traffic impacts of the project. Adequate buffer has been provided around the project to allow privacy and to reduce impacts to neighbors. The site has a Corporate Fitness Center which would enable employees to attend to their general health and incorporates many jogging trails and an on-site bike sharing program. The project also has a large on- site restaurant with several smaller indoor and outdoor dining facilities. The project increases the amount of landscaped green space to over 100 acres. The landscape design of meadows, and woodlands will create an ecologically rich oak savanna reminiscent of the early Santa Clara Valley. It will incorporate both young and mature trees, and native and drought tolerant plants, that will thrive in Santa Clara County with minimal water consumption. In addition, the project includes some orchard fruit trees, the fruit from which will be used at the on-site dining facilities furthering sustainability principles that the project is striving for. The project proposes to add at least 1,700 additional trees to the site and increase the pervious surface areas on site significantly improving stormwater quality and reducing run-off. Site access has been designed to consolidate entry and exit in order to reduce conflict with pedestrian and bicycle activity and is directed away from the residential neighborhood. Adequate emergency access has been provided on site. The design of the Project and its environmental attributes are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of the subject parcels. 4 Resolution No. 6731 October 2, 2013 Page PC-5-5 2. The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, the purpose of this title and complies with the California Environmental Quality Act (CEQA). The majority of the site is designated Industrial/Residential in the General Plan Land Use Map, which allows, among other uses, research and development and supporting uses. The Zoning designation for most of the site is Planned Development (Planned Industrial Park) (P(MP)), which similarly allows, among other uses, research and development and supporting uses. The Planned Development district allows the City flexibility to approve project specific development standards different from the standards outlined in the Zoning regulations for the site. A small portion of the project site is currently designated for use as a public park in both the General Plan and Zoning; however, the concurrent General Plan Amendment and Rezoning of a portion of the site will ensure that the project is in compliance with the General Plan and the Zoning regulations governing the project site. The project furthers many General Plan policies, notably, General Plan Policy 2-44: centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing busines the office parks are located at Vallco (North of Highway The Project also promotes: Policy 2-40 (maintaining the vitality of business and manufacturing), Policy 2-20, Strategy 3 (diversity of land use, major companies), and Policy 2-42 (revenue analysis of office developments). Finally, the project also proposes to make improvements for the alternate Calabazas Creek trail furthering Policy 2-73, Trails. Therefore, the proposed development substantially conforms to the General Plan and is substantially consistent with the underlying Zoning. As described in the CEQA approvals, the Project has mitigated most impacts within the City of Cupertino to a level of less than significant. Those impacts that cannot be mitigated to a level of less than significant will be mitigated to the extent feasible. Additionally, where there are impacts at locations outside the jurisdiction of the City of Cupertino, feasible mitigation measures have been identified which will reduce impacts to less-than-significant. However, since the approval of the mitigation measure is subject to the approval of an agency other than the City of Cupertino, the City cannot guarantee the construction of the mitigation measure. In these cases, the Final EIR requires that Apple diligently pursue approval of such mitigation measures and provide funding, but due to the possibility that the measures might not be implemented, it finds that the impacts are significant and unavoidable. All feasible mitigation measures have been adopted and made conditions of project approval. As set out more fully in the Resolution of the Planning Commission of the City of Cupertino recommending certification of An Environmental Impact Report for the Apple Campus 2 project; and recommending Adoption of Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program, the project complies with CEQA. 5 Resolution No. 6731 October 2, 2013 Page PC-5-6 B. CONDITIONAL USE PERMIT (APPLICATION NO. U-2011-11): 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The Project proposes to add a 1,000 seat Corporate Auditorium and Corporate Fitness Center. The applicant would use the Corporate Auditorium for product launches and other events with up to 350 invited guests. The availability of a Corporatate Auditorium as an in-house amenity to the employees in an office campus is fairly common. For these reasons, the City finds that the Corporate Auditorium will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. Additionally, the provision of a Corporate Fitness Center is another fairly common amenity for employees. The availability of the Corporate Fitness Center on site would allow employees to stay on campus and visit a physician reducing the number of trips to and from the campus, reducing vehicle miles travelled in general and reducing traffic in the general vicinity. Finally, the availability of a gym on campus will generally benefit employee health and general welfare. For these reasons, the City finds that the that the Fitness center will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience. Both of these amenities have been designed to minimize impacts upon the public and will contribute employees in one location. 2. The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The majority of the site is designated Industrial/Residential in the General Plan Land Use Map, which allows, among other uses, research and development and supporting uses. The Zoning designation for most of the site is Planned Development (Planned Industrial Park) (P(MP)), which similarly allows, among other uses, research and development and supporting uses. The Planned Development district allows the City flexibility to approve project specific development standards different from the standards outlined in the Zoning regulations for the site. A small portion of the project site is currently designated for use as a public park in both the General Plan and Zoning; however, the concurrent General Plan Amendment and Rezoning of a portion of the site will ensure that the project is in compliance with the General Plan and the Zoning regulations governing the project site. The provision of these two in-house amenities allows the development of a unified and consolidated corporate office, research and development campus. The project, as a whole, furthers many General Plan policies, notably, General Plan Policy 2-44: Maintaining Cohesive Commercial necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing businesses to expand in response to cha 6 Resolution No. 6731 October 2, 2013 Page PC-5-7 promotes: Policy 2-40 (maintaining the vitality of business and manufacturing), Policy 2-20, Strategy 3 (diversity of land use, major companies), and Policy 2-42 (revenue analysis of office developments). In addition to research and development and supporting uses being allowed by the underlying zoning of the properties, auxiliary or ancillary uses may be permitted for uses that are an essential part of the operations of the use and for recreational uses. Since the Corporate Auditorium is intended for use for product launches for products developed at the campus, this is considered essential use, while the Corporate Fitness Cneter is considered to be a recreational use. Therefore, both these uses comply with zoning regulations. While the Final EIR identifies mitigation measures for the project as a whole, it does not identify specific significant impacts resulting from the development of these two in-house amenities alone. As described in the CEQA approvals, the Project has mitigated most impacts within the City of Cupertino to a level of less than significant. Those impacts that cannot be mitigated to a level of less than significant will be mitigated to the extent feasible. Additionally, where there are impacts at locations outside the jurisdiction of the City of Cupertino, feasible mitigation measures have been identified which will reduce impacts to less-than-significant. However, since the approval of the mitigation measure is subject to the approval of an agency other than the City of Cupertino, the City cannot guarantee the construction of the mitigation measure. In these cases, the Final EIR requires that Apple diligently pursue approval of such mitigation measures and provide funding, but due to the possibility that the measures might not be implemented, it finds that the impacts are significant and unavoidable. All feasible mitigation measures have been adopted and made conditions of project approval. As set out more fully in the Resolution of the Planning Commission of the City of Cupertino recommending certification of An Environmental Impact Report for the Apple Campus 2 project; and recommending Adoption of Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program, the project complies with CEQA. C. ARCHITECTURAL AND SITE APPROVAL (APPLICATION NO. ASA-2011-14): 1. The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; The Project is designed to minimize the impact upon the surrounding community and the environment. In order to reduce its impact on the environment, the Project will utilize onsite photovoltaics and fuel cells and obtain the remainder of its energy needs from the State of California Direct Access Program, off-site Apple-owned renewable energy projects or grid-purchased renewable energy. The Project has been designed to incorporate passive heating and cooling in the main office building which will use ambient air. This will reduce the use of mechanical cooling making for a more efficient and better work environment. The project has been designed to minimize its impact upon the neighbors, adjacent roads and freeways and the environment. Appropriate mitigation measures to address traffic impacts along with the adoption of an aggressive but achievable Transportation 7 Resolution No. 6731 October 2, 2013 Page PC-5-8 Demand Management Plan will further reduce the traffic impacts of the project. Adequate buffer has been provided around the project to allow privacy and to reduce impacts to neighbors. The site has a Corporate Fitness Center which would enable employees to attend to their general health and incorporates many jogging trails and an on-site bike sharing program. The project also has a large on- site restaurant with several smaller indoor and outdoor dining facilities. The project increases the amount of landscaped green space to over 100 acres. The landscape design of meadows, and woodlands will create an ecologically rich oak savanna reminiscent of the early Santa Clara Valley. It will incorporate both young and mature trees, and native and drought tolerant plants, that will thrive in Santa Clara County with minimal water consumption. In addition, the project includes some orchard fruit trees, the fruit from which will be used at the on-site dining facilities furthering sustainability principles that the project is striving for. The project proposes to add at least 1,700 additional trees to the site and increase the pervious surface areas on site significantly improving stormwater quality and reducing run-off. Site access has been designed to consolidate entry and exit in order to reduce conflict with pedestrian and bicycle activity and is directed away from the residential neighborhood. Adequate emergency access has been provided on site. The design of the Project and its environmental attributes are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of the subject parcels. 2. The proposal is consistent with the purposes of this chapter, the General Plan, any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: The concurrent General Plan Amendment, Rezoning of a portion of the site, Development Permit for the project, Vesting Tentative Map, Development Agreement and Conditional Use permit for the Corporate Auditorium and the Corporate Fitness Center will ensure that the project is in compliance with the General Plan and the Zoning regulations governing the project site. The project, as a whole, furthers many General Plan policies, notably, General Plan Policy 2-44: Maintaining Cohesive parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for Project also promotes: Policy 2-40 (maintaining the vitality of business and manufacturing), Policy 2-20, Strategy 3 (diversity of land use, major companies), and Policy 2-42 (revenue analysis of office developments). Finally, the project also proposes to make improvements for the alternate Calabazas Creek trail furthering Policy 2-73, Trails. Therefore, the proposed development substantially conforms to the General Plan and is substantially consistent with the underlying Zoning. The architecture of the proposed project particularly furthers General Plan Policy 2-14: Attractive materials, landscaping, screening of equipment and loading areas and related design The project design incorporates several of the strategies included in this General Plan Policy including articulation and segmentation of wall and roof planes, visual openings in the wall 8 Resolution No. 6731 October 2, 2013 Page PC-5-9 palne, appropriate setbacks and hierarchical landscaping. In addition, the project incorporates the use of natural materials in the Fitness Center. Most of the parking for the project is provided in structured parking that is located underground or on the portion of the site that is least visible from City streets. a. Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. The Project will involve the demolition of all the existing buildings on the site and the consruction of new buildings. The buildings approved with this Architectural and Site Approval all meet the height restrictions of the General Plan. The primary structure is one height and is designed to not be visible from surrounding properties. The entire site is being re-graded to ensure that there is a level pad for the first floor of the main building and the underground parking. With this change, the main building will be the same height. The main building, which is the primary structure, will be minimally visible from surrounding properties due to the proposed setbacks, berms and landscaping around the perimeter of the property. The Corporate Fitness Center will be minimally visible from the street due to the proposed setbacks, berms and landscaping around the perimeter of the site. A very small portion of the Corporate Auditorium will be visible above grade. Most of the Corporate Auditorium will be located below the re-graded site. The Main Parking Structure will be located along I-280 and behind a 8 to 12 foot sound wall and screened by landscaping, making it minimally visible. In addition, the structures will be minimaly visible from surrounding properties due to the proposed setbacks, berms and landscaping around the site. b. In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments and provide shielding to prevent spillover light to adjoining property owners. The primary office building will be minimally visible from the adjacent development and thus will preserve the design harmony in the area. The project proposes to demolish all existing buildings and structures on the site and convert an outmoded business park into a world-class corporate campus with a significant increase in open space and perviuos surface. The property values in the adjacent area will be maintained or enhanced by the visible open space at the site. The walls, fencing, hedges and screen planting have been designed to minimize the impacts upon adjacent 9 Resolution No. 6731 October 2, 2013 Page PC-5-10 properties and to be aesthetically pleasing. Storage areas and service buildings will be shielded from view or set sufficiently back from the property line to not be visible. Permeable surface area has been increased greatly on the site in order to increase open space. The destruction of healthy trees has occurred, but will be replaced by more trees than are removed. The lighting for the development has been designed so as to not spill over onto adjacent properties. In addition to the construction of large berms, mature trees are being retained along the perimeter of the site and several large trees are being planted and others being transplanted to the permiter of the site to ensure that there is no glare and light from the development. c. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development. The Project approval does not propose any signage and therefore this finding does not apply to this project. However, Apple will file separate signage permits in the future which will be reviewed, in order to minimize impact upon traffic, the general appearance of the neighborhood and harmonize with adjacent development. d. With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. The Project is designed to minimize impacts upon adjacent neighborhoods by the use of berms, tree planting and extensive setbacks to minimize the visibility of the main building and to ensure that light and glare do not spill onto adjacent development. The parking structures are located at the southern edge of the property and will be minimally visible only from the freeway. Large landscaped buffers are being proposed along the shared property lines while the buildings are setback significantly from residential developments. In addition, automobile entrances are consolidated into two locations which will direct traffic away from the residences. As described in the EIR, operational noise levels will be minimal due to both the setbacks and the nature of the operations and construction noise will be mitigated through the construction of a temporary soundwall during construction. D. TREE REMOVAL PERMIT (APPLICATION NO. TR-2011-39): 1. The location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). The applicant is proposing the removal of approximately 4,501 trees, including the relocation of 90 trees within the proposed project. The trees are part of approved landscape design for existing buildings and parking lots. Since the buildings and parking lots will be demolished with this project, 10 Resolution No. 6731 October 2, 2013 Page PC-5-11 the trees would be located in buildable areas. Retention of these landscape trees in their current location would significantly restrict the ability to redevelop the property in a manner that differs from the existing configuration of buildings and parking lots. The removal of these trees is necessary to allow for the development of a project that makes use of the existing site more efficiently. Further, the Project will result in a significant increase in the number of trees, including more native and drought tolerant trees. As a part of the project, the project proposes to save and keep approximately 845 trees in place and transplant approximately 90 trees. The trees removed will be replaced in accordance with s definition of Protected Trees. The consulting arborist has confirmed that the tree replacement plan proposed by the applicant is are provided on Page 7.15 of the plan set. At least 6,200 trees (an increase of 1,700 trees over existing) (1-. Trees relocated include a Memorial tree dedicated to a former HP employee, a 33 inch Oak tree and several large redwood trees that are planted in a grove around the current Glendenning Barn location. Several street trees will also need to be removed with the implementation of the various street improvements proposed and required as mitigations for the project. The number of street trees to be removed shall be reviewed with the approval of street improvement permits and reviewed by the he replacement of the street trees shall be in accordance with the requirements of Chapter 14.12, Trees, of the Municipal Code. The tree removals are required in order to accommodate the development and to create open space and additional permeable surface across the entire development. SECTION III: CONDITIONS OF APPROVAL ADMINISTERED BY THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS 1. APPROVED EXHIBITS The recommendation of approval is based on the plan set dated received September 16, 2013 consisting of 159 pages labeled P-1.00 P1.01, P-1.10 - P1.13, P1.19 P-1.28, P-1.30 P-1.31, P-1.40 P-1.41, P-2.00 P-2.01, P-3.10 P-3.16, P-4.00 P-4.01, P4.10, P-4.20 P- 4.25, P-4.30 P-4.32, P-5.00 P-5.04, P-6.00 P-6.01, P-6.10 - P-6.11, P-7.00 P-7.03, P-7.10 P-7.16, P-8.01 P-8.06, P-8.09 P-8.10, P-9.00 P9.01, P-9.03 P-9.04, P-10.00 P-10.03, P- 11.1 P-11.04, P-12.00 P-12.04, P-13.00, P-14.00 P-14.01, P-17.00 P-17.02, P-18.00, P- 19.00 P-19.03, P-19.00 P-19.11, P-20.00 P-20.01, P-21.00, P-22.00, P-22.03, P-22.04, P- 22.10, P23.00, P-23.50, P-23.52, P-24.00, P-24.00-a, P-24.02, P-24.02, P-24.05, P-24.06, P-25.02, P-26.00, P-26.01, P-28.00, P30.00, P-30.01, P-35.00, P-35.01 P-35.08, P-40.01 P-40.06 and P-41.00 P- prepared by Foster + Partners, ARUP, OLIN, Kier & Wright, ALTA and Watry Design, Inc.; except as may be amended with redlines on the pages by the Conditions contained in this Resolution. 11 Resolution No. 6731 October 2, 2013 Page PC-5-12 2. ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Minor errors may be corrected if in compliance with the assumptions and supporting data for this approval, subject to the review and approval of the Director of Community Development. However, misrepresentation of property data that is considered major by the Director of Community Development may require additional review by the Planning Commission and/or City Council. 3. MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING PROGRAM All of the Mitigation Measures identified in the Final Environmental Impact Report (State Council on October 15, 2013 are hereby incorporated by reference and included as conditions of approval of this project. The Mitigation Monitoring and Reporting Program (MMRP), attached as Attachment DP-1, is hereby incorporated and all applicant/property owner obligations described in the MMRP are included as conditions of this permit to ensure that the mitigation measures identified in the Apple Campus 2 Project EIR are complied with during project implementation and operation. 4. AB 900 CONDITIONS The project is subject to conditions pursuant to the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (AB 900). These AB 900 Compliance conditions are attached hereto as Attachment DP-2 and are incorporated by reference herein. 5. CONCURRENT APPROVAL The following per permits have been approved concurrently with this application: ASA- 2011-14, DA-2011-01, GPA-2011-03, TM-2011-03, TR-2011-39, U-2011-11, Z-2011-03 (EA- 2011-12). 6. DEVELOPMENT APPROVAL The applicant shall receive a development allocation of 87,746 square feet from the Vallco Park North Special Center and 109,935 square feet from the Major Employers allocation (companies with Cupertino sales offices and corporate headquarters) for a total of 197,681 square feet to construct the structures indicated in the table on the following page. 12 Resolution No. 6731 October 2, 2013 Page PC-5-13 Gross Net Office Allocation Amenity Space Area (as Building = Gross Building Structure defined in Development Area Area Amenity Space Agreement) (sq. ft.) (sq.ft.) Area (sq. ft.) Entries 112,000 Area of walkway Main Building 2,820,000 in excess of 7.5 234,000 2,384,000 feet Restaurant 90,000 Outdoor Food Stations 10,000 10,000 0 Transit Center 5,000 4,500 500 Corporate Fitness Center 100,000 89,000 11,000 Corporate Auditorium 120,000 120,000 0 Valet Parking Reception 25,000 20,000 5,000 Maintenance Buildings 10,000 10,000 0 Security Receptions 7,000 7,000 0 Central Plant 50,000 50,000 0 Testing labs/ Phase 2 Office, anechoic 100,000 Research and 600,000 480,000 chambers Development Restaurant 20,000 North Plant 12,000 Phase 2 Satellite Plants 42,000 0 South Plant 30,000 TOTAL 3,789,000 908,500 2,880,500 Conversion of Amenity Space to office space shall require an application for development allocation. The effective date of the Development Permit is the effective date of the Development Agreement. 7. PHASING The project is approved to be developed in multiple phases. Construction phasing shall be as follows: a. Phase 1: The first phase of construction shall include the construction of the Main Building, the corporate fitness center, the corporate auditorium, the main parking garage with attached Central Plant, the North Tantau parking garage including valet parking reception, maintenance facilities, outdoor dining stands, security reception areas and all public improvements identified, required and proposed within the b. Phase 2 : The second phase of construction shall include the construction of the remaining buildings on the east side of N. Tantau Avenue south of Pruneridge 13 Resolution No. 6731 October 2, 2013 Page PC-5-14 Avenue and the buildings proposed on the west side of N. Tantau Avenue between the Calabazas Creek and I-280. However, if the buildings are built at different times, adequate parking has to be provided for each building, upon completion of construction and as approved. 8. SUBSEQUENT APPROVALS Any structures/project elements that were not specifically designed/approved with this project, shall be subject to a separate application and process as outlined in the Development Agreement. Examples include additional buildings, maintenance facilities, accessory structures and wireless facilities. 9. ARCHITECTURAL AND SITE APPROVAL Architectural and Site Approval is granted for the Main building, the main parking structure, the auditorium, and the fitness center and the associated site improvements. Building permits for the North Tantau Parking garage, including the valet reception building, outdoor dining stands, the security receptions and the maintenance facilities and the Phase 2 portion of development shall be issued upon the approval of separate Architectural and Site Approval applications subject to the Development Agreement. 10. PHASE 2 BUILDING ENVELOPE The Building Envelope approved for Phase 2 parcels are as follows: Front Setback (min.) 1:1 slope line on N. Tantau Avenue (as amended by GPA-2011-03) Street Side Setback (min.) Interior Side Setback (min.) Adjacent to residential zones For parcels north of Calabazas creek and side yard adjacent to residential parcels Setback from Creek Subject to requirements of the Streamside Modification Permit under Municipal Code Chapter 19.19, Water Resources Protection Rear setback (min.) Adjacent to residential zones For parcels north of Calabazas creek and adjacent to residential parcels Building Height (max.) 1:1 slope line on N. Tantau Avenue (as amended by GPA-2011-03) 14 Resolution No. 6731 October 2, 2013 Page PC-5-15 11. BUILDING PERMIT APPROVAL The City shall review the final building permits for full conformance with the Permit approvals and all Architectural and Site Approval approvals prior to issuance of building permits for each building/phase of development. 12. DEVELOPMENT AGREEMENT CONDITION Project applicant and City will enter into a Development Agreement to allow the project applicant the vested right to develop the property for a term as prescribed in the Development Agreement in exchange for applicant's agreement to provide certain community benefits above and beyond the base level of applicable exactions and impact fees and the mitigations required in the EIR. 13. VACATION OF PRUNERIDGE AVENUE SEGMENT The vacation of a segment of Pruneridge Avenue is necessary to support this development. The vacation will be processed according to procedures set by the Streets and Highways Code and the Municipal Code. The applicant shall pay for the land included in the vacation of the segment of Pruneridge Avenue as discussed in the Development Agreement. All public utilities within the limits of the vacated portion of Pruneridge Avenue must be relocated to the satisfaction of the Director of Public Works prior to recordation of the street vacation and closing of escrow on the transfer of title. 14. WOLFE ROAD PROJECT DRIVEWAY The Wolfe Road project driveway shall be modified to conform to Mitigation Measure TRANS-23 as adopted with the CEQA Findings for the Apple Campus 2 EIR. 15. FITNESS CENTER FACILITIES The approved uses at the Fitness center are limited to gym activities, incidental physical therapy and wellness checkups etc. A valid City of Cupertino business license is required for all professional consultants who provide service at the Fitness center. 16. INGRESS/EGRESS EASEMENT The applicant shall obtain a reciprocal ingress/egress agreement from the adjacent property owner/s of 10900 N. Tantau Avenue to facilitate the proposed driveway shown on the approved exhibits. The agreement shall be approved by the City Attorney or his/her designee as to form prior to recordation and shall be recorded on the property as a covenant prior to issuance of building permits for the structure. 17. ACCESS DRIVEWAY The proposed access driveway from 10900 N. Tantau Avenue shall be fully installed and constructed to the satisfaction of the Director of Community Development prior to the issuance of final occupancy of the Phase 2 construction. 15 Resolution No. 6731 October 2, 2013 Page PC-5-16 18. COVENANTS, CONDITIONS AND RESTRICTIONS The project CC&Rs shall be reviewed and approved by the City Attorney prior to recordation of the final map. The CC&Rs shall incorporate requirements including but not limited to: a. Public access easements, b. Reciprocal ingress/egress easements, c. Reciprocal parking easements. d. The deed restrictions shall contain a provision that it may not be modified without the prior express written approval of the City. e. Restrictions on the Disposal of Property subject to Condition no. 19 19. DISPOSAL OF PROPERTIES WITHIN THE PROJECT SITE a. Phase 1 Properties: Parking for the corporate auditorium is approved on a separate parcel located on the northeast corner of the intersection of Pruneridge Avenue and N. Tantau Avenue with incidental media parking (45 spaces including parking for 9 media trucks) located on the parcel located on the southeast corner of the intersection of Pruneridge Avenue and N. Tantau Avenue. The parcel to the northeast corner of the intersection of Pruneridge Avenue and N. Tantau Avenue shall not be sold separately from the large parcel identified as Parcel Three on Page P-5.03, or vice versa, without City approval. In order for the City to approve sale of either of these parcels, it must be demonstrated that adequate parking is available on Parcel One of Page P-5.03 to meet the parking demand of the auditorium. b. Phase 2 Properties: Parking for the Phase 2 buildings have been provided on both the east and west side of N. Tantau Avenue. The Phase 2 parcels may not be sold individually without City approval. in Condition no. 19. In order for the City to approve sale of any of these parcels individually, it must be demonstrated that either: i. There is adequate parking on the specific parcel to meet the parking demand for the uses on that lot; or ii. If adjacent properties are used to share parking, that they are in close proximity to each other, and reciprocal parking and access easements and maintenance agreements are recorded on the applicable properties to run with the land. 20. PARKING The applicant shall provide a minimum of 10,980 parking spaces of which 9,240 spaces shall be provided with Phase 1 and 1,740 spaces shall be provided with Phase 2. 21. TRANSPORTATION DEMAND MANAGEMENT 16 Resolution No. 6731 October 2, 2013 Page PC-5-17 The applicant shall commit to implementing a transportation demand management (TDM) plan incorporating solutions as listed in the mitigation measures identified in the Mitigation Monitoring and Reporting Program (MMRP) (Attachment DP-1.) The TDM plan shall be reviewed and approved by the Director of Community Development prior to issuance of occupancy permits. 22. PARKING LOT LIGHTING Lighting in the parking lots shall be approved by the Director of Community Development for compliance with applicable regulations prior to issuance of building permits. 23. BICYCLE PARKING The applicant shall provide bicycle parking and bike racks for the proposed project in Municipal Code. 24. SPECIAL EVENTS Special events with approximately up to 350 invited guests at the Corporate Auditorium are limited to an average of one per month. Additional events with invited guests shall be subject to the issuance of a Special Event Permit. This shall require review by the Director of Community Development for conformance with the conditions of approval for special events (Condition Nos. 24 & 25) and may include review as necessary by other City departments/agencies. Internal events intended for current Apple employees are not limited by this condition. 25. SPECIAL EVENT PARKING Parking for special events with the number of guests specified in Condition no. 23 shall be managed as indicated in the project description. If event parking results in overflow into the adjacent neighborhoods, the applicant shall be required to provide an alternate parking management plan and/or provide additional parking on site to th satisfaction for subsequent events. 26. SPECIAL EVENT MANAGEMENT PLAN The applicant shall prepare an event management plan for special events with the number of guests specified in Condition no. 23 including but not limited to, traffic management, parking management, visitor management etc prior to issuance of occupancy permits. 27. COMMUNITY LANDMARK SIGN The applicant shall provide a Community Landmark Sign for North Vallco Park North Area consistent with the policies of the General Plan subject to the approval of the Director of Community Development. 28. HISTORIC RESOURCE MARKER 17 Resolution No. 6731 October 2, 2013 Page PC-5-18 The applicant shall provide a Historic Resource Marker for the Glendenning Barn consistent with the policies of the General Plan as described further in Mitigation Measure CULT-1 of the Final EIR subject to the approval of the Director of Community Development. 29. PUBLIC ART The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art shall be installed on the project site prior to final occupancy of the first phase. The public art shall be valued, at a minimum, one-quarter percent (1/4%) of the total project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed by the Fine Arts Commission prior to installation of the public art. The applicant may install additional artwork subject to the approval of the Department of Community Development with an Architectural and Site Approval. 30. SECURITY FENCE The seven foot tall fence proposed along the perimeter of Phase 1 of the campus shall be located a minimum of 30 feet from the back of the sidewalk except where determined to be infeasible by the Director of Community Development. The final location of the fence shall be reviewed and approved by the Director of Community Development. For the N. Tantau Parking Garage and Phase 2, the security fence shall be located behind the face of the building along any public right-of-way. Security gates at driveways may be installed subject to administrative approval by the Director of Community Development. A security fence may be located at all other property lines except where a Masonry Wall is required. The sound wall proposed along I-280 is limited to the extent of the project site. Deviations from these standards may be allowed where there are conflicts with existing trees and if required by Building Code, subject to the review and approval of the Department of Community Development. 31. MASONRY WALL A masonry zoned or used property. The wall shall be eight feet in height as measured from the highest adjoining grade unless a different height is allowed by the City of Santa Clara. 32. TEMPORARY SOUND WALL A fifteen foot tall sound wall may be installed around the perimeter of the project site during each phase of construction. The sound wall shall be located a minimum of 30 feet from the inside edge of the sidewalk. Deviations from this standard may be allowed, if locating the sound wall at this distance from the sidewalk is deemed infeasible by the Department of Community Development. 33. GRADING, DEMOLITION, UNDERGROUND UTILITY WORK, STRET CONSTRUCTION AND CONSTRUCTION HOURS AND NOISE LIMITS 18 Resolution No. 6731 October 2, 2013 Page PC-5-19 a. Grading activities may be performed at any time of the year, subject to storm water management and other appropriate site preparation, as approved by the Director of Public Works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Construction, street construction, Grading, underground utility and demolition work and noise limits shall be compliant with requirements of Chapter 10.48 of the City Municipal Code. d. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. e. The applicant shall be responsible for educating all contractors and subcontractors of the restrictions on construction, street construction, grading, underground utility and demolition work. 34. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by the Director of Community Development prior to issuance of building permits. 35. TREE REMOVAL Approval is granted for the removal of Protected Trees as discussed in the Final EIR and the approved list of transplant and replacement trees is identified in the MMRP (Attachment DP-1). The effective date of the Tree Removal Permit is after ten days after final Council Action. 36. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. Tree protection measures shall be consistent with the EIR. In addition, the following measures shall be added to the protection plan: For trees to be retained, chain link fencing and other root protection shall be installed around the dripline of the tree prior to any project site work. No parking or vehicle traffic shall be allowed over root zones, unless using buffers approved by the Project Arborist. No trenching within the critical root zone area is allowed. If trenching is needed in before any trenching or root cutting beneath the dripline of the tree. Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. Tree protection conditions shall be posted on the tree protection barriers. 19 Resolution No. 6731 October 2, 2013 Page PC-5-20 Retained trees shall be watered to maintain them in good health. The the trees to be retained and shall provide monthly updates on the health of the trees retained in place and being transplanted. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 37. TREE PROTECTION BOND The applicant shall provide a tree protection bond in the amount of $1,000,000 to ensure protection of 845 trees to be retained in place and 90 transplant trees on the site prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City arborist indicating that the trees are in good condition. 38. LANDSCAPE PLAN The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by the Director of Community Development prior to issuance of building permits. The landscape plan shall include water conservation and pesticide reduction measures in conformance with Chapter 14.15, Landscape, and the pesticide control measures referenced in Chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal Code. 39. LANDSCAPE INSTALLATION REPORT The project shall comply with the Landscape Ordinance (CMC, Chapter 14.15). 40. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development 41. SOIL ANALYSIS REPORT A soils analysis report shall be submitted to the Director of Community Development as part of the landscape documentation package, pursuant to Landscape Ordinance (CMC, Chapter 14.15). 42. GREEN HOUSE GAS (EIR CoA) The calculation of construction emissions, as shown in Table V.K-2 of the Draft EIR, incorporates the following construction protocols that are incorporated as part of the project (see Chapter III, Project Description, of the Draft EIR) to promote the use of cleaner-burning fuels, increase efficiency, and reduce construction-related emissions. To the maximum extent feasible, all construction equipment, diesel trucks, and generators would be equipped with Best Available Control Technology for emission reductions of nitrogen oxides and particulate matter. 20 Resolution No. 6731 October 2, 2013 Page PC-5-21 To the maximum extent feasible, all contractors would use equipment that meets the State of California Air Resources Board (ARB) most recent certification standard for off-road heavy duty diesel engines. Excluding the following equipment, all diesel-powered off-road equipment used on- site would meet U.S. Environmental Protection A standard for particulate Scrapers 623G Scrapers 633B Four of the six proposed Scrapers 657G Trucks used at the site to haul material and/or soil would be model year 2007 or newer (or meet equivalent U.S. EPA emission standards). Require all aerial and personnel lifts less than 50 horsepower to be fueled with natural gas or propane. Idling time would be minimized by either shutting equipment off when not in use or by reducing the maximum idling time to 2 minutes. Clear signage will be provided for construction workers stating these limits at all access points. Construction equipment would be maintained and properly tuned in accordance When feasible, the project would use locally produced and/or manufactured building materials for construction of the project. A minimum of 75 percent of construction and demolition waste would be diverted from landfills, to the satisfaction of the City. resource efficient, and recycled and manufactured in an environmentally friendly way, including low volatile organic compound (VOC) materials. BAAQMD does not have an adopted quantitative threshold for construction GHG emissions, but recommends the incorporation of construction practices that would reduce construction emissions. The project applicant shall verify that the construction management plan includes the construction practices listed above to reduce construction- related GHG emissions to a less-than-significant level. 43. FOOD USE ODOR ABATEMENT The cafeteria and all outdoor food uses shall install odor abatement systems to reduce odor impacts from the uses to the adjacent community. The odor abatement systems shall be installed prior to final occupancy of the associated use(s). Detailed plans shall be 21 Resolution No. 6731 October 2, 2013 Page PC-5-22 reviewed and approved by the Director of Community Development prior to issuance of building permits. 44. SCREENING All mechanical and other equipment on the building or on the site shall be underground. If undergrounding the equipment is deemed infeasible by the Director of Community Development, equipment shall be screened so that it is not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 45. UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Director of Community Development and Public Works. 46. TRASH AND DELIVERY ACTIVITIES The applicant shall prepare a detailed refuse and truck delivery plan. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. The final refuse and truck delivery plan plan shall be submitted to the Departments of Community Development and Public Works for review and approval prior to issuance of occupancy permits. All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department. 47. SIGN PROGRAM Signage is not approved with this application. A sign program is required for this project per Section 19.104.130 of the Municipal Code. The sign program shall be approved by the Director of Community Development prior to issuance of sign permits. 48. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 49. BELOW MARKET RATE HOUSING MITIGATION FEES Prior to issuance of building permits, the applicant shall pay housing mitigation fees for commercial, office and hotel development for the Planned Industrial Park Zoning District (P(MP)), which represents twice the adopted fee for this area, as set forth in the terms of the Development Agreement. 50. FINANCIAL SURETY 22 Resolution No. 6731 October 2, 2013 Page PC-5-23 The applicant shall provide financial surety, in the form of bonds or another acceptable financial instrument, when improvements and or conditions of approval are not satisfied prior to the applicant requesting temporary and/or final occupancy for a building, subject to the approval of the Director of Community Development. The bond shall be returned after satisfactory completion of the condition of approval and/or construction of the improvement within a period specified in the temporary occupancy permit. 51. COMPLETION OF IMPROVEMENTS Prior to entering into a street improvement agreement with the City of Cupertino, the applicant shall have detailed plans of the improvements approved by the Director of Public Works and shall provide a surety or guarantee covering the cost of all improvement agreement will specify the timeline for completion of the improvements. For improvements to be completed on facilities which are not under the jurisdiction of the City of Cupertino, the applicant shall, prior to entering into a street improvement agreement with the City of Cupertino, either (1) have detailed plans of the improvements approved by the agency under whose jurisdiction the facility resides, and provide a surety or guarantee to that agency to cover the cost of the improvements; or (2) provide funding to the agency under whose jurisdiction the facility resides, in an amount sufficient to fund the design and construction of the improvements. The decision to pursue option (1) or (2) above shall reside with the agency under whose jurisdiction the facility resides, in consultation with the City of Cupertino. In the event that Apple can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, sufficient progress has not been made with the responsible agency, the funding shall be held in a segregated account by the City or in escrow in lieu of the design and construction of the mitigation measure. The funds will be released to the responsible agency once the project is programmed and approved. 52. FEES The project applicant shall enter into a Street Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to plan checking and inspection fees, storm drain fees and fees for permits. Said agreement shall be executed prior to issuance of construction permits and shall be subject to all applicable fees as described in the terms of the Development Agreement. The fees described above are imposed based upon the current fee schedule adopted by the City Council and are not in lieu development impact fees or exactions which are subject to the terms of the Development Agreement. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule, provided that such modification is permitted by the terms of the Development Agreement. The improvement agreement will also include the following bonds: Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement 23 Resolution No. 6731 October 2, 2013 Page PC-5-24 On-site Grading Bond: 100% of site improvements. 53. OFF SITE IMPROVEMENTS The improvements described in the Mitigation Monitoring and Reporting Plan (Attachment DP-1) for off-site improvements including paving, railings, lighting and signage to mitigate the closure of Pruneridge Avenue, shall be reviewed and approved by the Director of Public Works prior to issuance of permits. 54. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards, specifications and policies and as required by the Director of Public Works. 55. DEDICATION AND STREET WIDENING ON TANTAU AVENUE The applicant shall widen and construct a second northbound through lane/trap right turn lane on Tantau Avenue between the main site entrance and Pruneridge Avenue. The applicant shall dedicate land as required to accommodate this improvement. 56. CURB AND GUTTER IMPROVEMENTS New curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. The applicant shall close all unused driveway cuts and remove and replace broken or uplifted curb, gutter, or sidewalk as determined by the Director of Public Works. 57. PAVEMENT Caltrans Standards. 58. RIGHT OF WAY ACQUISITION As set forth in the Development Agreement, and as expressly limited by the terms thereof; any right-of-way or property right necessary for the completion of portions of the Project or the implementation of the MMRP or Conditions of Appr responsibility. The City, at Apple's expense, shall obtain an appraisal suitable for the purpose of government acquisitions. Apple shall then make diligent and good faith efforts to acquire all necessary properties. If any of the negotiations for any of the acquisitions reach impasse, at City's request, Apple shall deposit with City the amount of the fair market appraisal plus estimated soft acquisition costs and costs of proceeding, including the costs of obtaining or seeking possession of the property, as City reasonably determines. If the actual costs of acquisition are greater than the deposit, Apple will provide additional funds to City upon notice in order to pay all costs of acquisition. City may require that Apple make periodic payments requested by City to cover costs. Any additional remaining deposit will be returned to Apple upon conclusion of the acquisition. By entering into this Agreement, City does not commit to exercising the power of eminent domain to acquire any property, and has not made any decision or commitment in regard 24 Resolution No. 6731 October 2, 2013 Page PC-5-25 to exercising that power. Under California law and under this Agreement, the determination to proceed by way of eminent domain to acquire any property or interest in property is within the sole and exclusive authority of the City Council, and City has not waived or relinquished any of its powers to solely decide whether, when, and on what terms it may consider, deny, approve, or pursue acquisition by use of the power of eminent domain. 59. DROP-OFF AREAS The Drop off areas along N. Tantau Avenue are approved as drop off areas for passenger vehicles only. These are not approved for use by private shuttle/coach/sprinter buses. Adequate signage to this effect shall be installed in these areas. The applicant will ensure that this restriction is incorporated in to instructions to shuttle/coach/sprinter bus operators. The Drop-off area indicated along Homestead Avenue near the entrance to the Fitness facility is not approved and shall be eliminated from all development and improvement plans. 60. DETACHED SIDEWALK The applicant shall provide a detached sidewalk, wherever feasible as determined by the Director of Public Works, along all street frontages where construction shall occur. These include: a. Homestead Road b. N. Tantau Avenue c. Vallco Parkway d. North side of Pruneridge Avenue e. Segment of N. Wolfe Road between I-280 and Pruneridge Avenue f. East side of N. Tantau Avenue between Pruneridge Avenue and Homestead Road. 61. DOUBLE ROW OF TREES The applicant shall provide a row street trees along both sides of detached sidewalk, unless determined infeasible by the Director of Public Works. 62. ALTERNATE CALABAZAS CREEK TRAIL The route for the alternate Calabazas Creek Trail alignment shall be from the intersection of Pruneridge Avenue south to Vallco Parkway and continue west on Vallco Parkway to where the roadway meet the Calabazas Creek. The improvements for the Creek Trail including paving, landscaping, railings, lighting and signage to identify the creek trail, shall be reviewed by the Department of Community Development and approved by the Director of Public Works prior to issuance of permits. 63. BICYCLE AND PEDESTRIAN IMPROVEMENTS Implement the following measures to the satisfaction of the City: 25 Resolution No. 6731 October 2, 2013 Page PC-5-26 a. Fund, construct, and, where necessary, provide dedications of real property (including costs for planning, design, construction and maintenance), all bike, pedestrian, landscaping, and sidewalk improvements in the public right-of-way along all properties bounded by East Homestead Road, North Tantau Avenue, Vallco Parkway, and North Wolfe Road. In locations where the improvements are adjacent to property with past project approvals, the design details shall be consistent with all other improvements approved by the City. b. A coordinated way-finding scheme shall be introduced along the entire alternate east- west loop (North Wolfe Road, East Homestead Road, Vallco Parkway, and North Tantau Avenue). Way-finding signage shall be designed to orient visitors and residents, pointing them to area attractions, retail areas, pedestrian and bicycle access routes, and other important destinations. Signs shall also be designed to direct those on foot or on bike to the safest bicycle and pedestrian routes, as well as other bicycle and pedestrian amenities. c. Enhanced bike lanes, pedestrian paths, fencing, guard rails (if feasible), and pedestrian- scaled lighting shall be installed along the North Wolfe Road bridge over I-280. Other bicycle and pedestrian amenities, such as high visibility crosswalks, racks, benches, attractive pedestrian-oriented lighting, and landscaping) along the project site perimeter shall be installed. These amenities shall be designed to improve the safety and attractiveness of alternative modes of travel within the vicinity of the project site. d. Implement Mitigation Measures TRANS-23 and TRANS-28 (to improve pedestrian safety at the North Wolfe Road/Project Access intersection); TRANS-29 (to enhance the pedestrian environment at the I-280 ramps with Wolfe Road); and PLAN-3 (to construct an alternate Calabazas Creek pedestrian/bike trail). e. Update American with Disabilities Act (ADA) ramps at the following locations: Vallco Mall overpass on North Wolfe Road; northbound North Wolfe Road at I-280 south on-ramp, with updated crosswalk striping; northbound North Wolfe Road at I- 280 north on-ramp, with updated crosswalk striping; west side of North Wolfe Road at Pruneridge Avenue; and southbound North Wolfe Road at I-280 south off-ramp, with updated crosswalk striping. 64. GATEWAY ENTRY The applicant shall be required to construct and install a gateway entry feature at the intersection of N. Wolfe Road and Homestead Road that will be consistent with the policies of the General Plan. The design will be reviewed by the Director of Community Development, if located off-site it will require additional approval by the Director of Public Works. 65. COLORIZED BICYCLE LANES 26 Resolution No. 6731 October 2, 2013 Page PC-5-27 Provide colorized bicycle lane pavement along project frontages and at areas of potential vehicular conflict as determined by the Director of Public Works. 66. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. 67. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 68. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology and pre-and post-development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), infiltration, evaporation or storm water harvesting facilities, bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten- year storm flood water surface elevation to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 69. UPSIZING OF STORM DRAIN LINES IN WOLFE ROAD, PRUNERIDGE AVENUE AND HOMESTEAD ROAD The applicant will be responsible for upsizing storm drain infrastructure within Wolfe Road, Pruneridge Avenue and Homestead Road to current City Requirements to address impacts to the City Storm Drain system resulting from the project. Current City requirements include the ability to convey a 10-year storm event with a 1 hour duration, as storm events are calculated per standards set forth in the Santa Clara County Drainage Manual (2007). 70. UNDERGROUND UTILITIES Applicant shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Applicant shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 27 Resolution No. 6731 October 2, 2013 Page PC-5-28 71. TRANSFORMERS Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The applicant must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and landscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 72. STORM WATER BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 73. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the applicant must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 74. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing impervious surface that is subject to requirements set forth in section C.3 of the Municipal Regional Stormwater NPDES permit. The applicant shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. The applicant must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 75. EROSION CONTROL PLAN The applicant shall provide an approved erosion control plan prepared by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. The plan shall also be 28 Resolution No. 6731 October 2, 2013 Page PC-5-29 incorporated as an attachment to the SWPPP and shall be updated and amended as construction phases or site conditions change. 76. WORK SCHEDULE Every 6 months, the applicant shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 77. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways, and in a location approved by the Cupertino Community Development Department, Santa Clara County Fire Department and the water company. 78. OPERATIONS & MAINTENANCE AGREEMENT The applicant shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. The Agreement shall include the operation and maintenance for any non-standard appurtenances in the public right-of-way that may include, but is not limited to, sidewalk, pavers, enhanced landscaping, landscaping necessary to screen utility cabinets, and street lights. 79. BUS STOP LOCATION The applicant shall improve bus shelters/trash receptacles along the Wolfe Road, Tantau Avenue, Vallco Parkway and Homestead Road project frontages, and as required by VTA for bus route modifications due to the Pruneridge Ave closure. The placement and design of the bus shelters/trash receptacles shall be approved by the Director of Public Works and the VTA. Locations and the design of bus stops and shelters shall be provided to the satisfaction of the Director of Public Works and the VTA. Enhanced shelters shall be maintained and funded by Apple. In the event that bus shelters are replaced by the VTA with standard revenue-generating bus shelters, the applicant may not be required to maintain and service these bus shelters. Shelters shall, at a minimum, include the following features: ADA accessible dimensions Concrete pad per VTA criteria Illuminated line number sign Passenger shelters Benches Trash receptacles Real-time information panels Schedule, fare, and service span information Lighting 29 Resolution No. 6731 October 2, 2013 Page PC-5-30 80. TRAFFIC CONTROL PLAN The applicant must submit a traffic control plan by a Registered Traffic Engineer to be approved by the Director of Public Works, for any work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the Director of Public Works prior to commencement of work. The City has adopted the Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 81. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 82. FULL TRASH CAPTURE SYSTEM The applicant will be responsible for installing a full trash capture system/device to capture trash from the onsite storm drain system before the storm water reaches the City owned storm drain system. A full capture system or device is a single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit section C.10 for further information/requirements). 83. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Director of Public Works. Approval of the trash enclosure plan by the Public Works Department is needed prior to obtaining a building permit. 84. REFUSE TRUCK ACCESS Applicant shall obtain clearance from the Director of Public Works in regards to refuse truck access for the proposed development. 85. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a type approved by the City in accordance with Ordinance No. 125. 86. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must atisfaction of the Fire Department, an Emergency Vehicular Access path/road within the project site. 30 Resolution No. 6731 October 2, 2013 Page PC-5-31 87. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 88. STREAMSIDE PERMIT Prior to issuance of a building permit, the applicant shall provide plans and information that satisfies the requirements of the Stream Side Development Permit as set forth by the Santa Clara Valley Water Resources Protection Collaborative. These items include, but are not limited to, topographic survey, specific measures to protect streams and/or water bodies from water quality impacts, coordination with all interested jurisdictional agencies, and the like. 89. SANTA CLARA VALLEY WATER DISTRICT CLEARANCE Clearance approvals from the Santa Clara Valley Water District are required prior to issuance of a building permit. The applicant shall pay for and obtain a Water District permit for activities or modifications within the District easement or fee right of way or affecting District facilities. 90. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 91. DEDICATION OF UNDERGROUND WATER RIGHTS all interests in, and grant to the City authorization to extract water from, the underground strata lying beneath and within the boundary limits of the property. 92. ABANDONED WATER WELLS The applicant shall seal abandoned or unused water wells if the City, in consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. 93. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 94. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property and utilities in Pruneridge Avenue (including PG&E, PacBell, and California Water Company, Cupertino Sanitary District and/or equivalent agencies) will be required prior to issuance of permits. 95. EMERGENCY VEHICLE PREEMPTION FUND 31 Resolution No. 6731 October 2, 2013 Page PC-5-32 As set forth in the Development Agreement, and as expressly limited by the terms thereof; the Applicant is required to fund Emergency Vehicle Preemption devices for traffic signals at specified intersections adjacent to the project site and for traffic signals between the fire station located at the intersection of Stevens Creek Boulevard and Torre Avenue. 96. CONSTRUCT EMPLOYEE SMOKING AREAS AROUND THE PROJECT SITE The applicant will be responsible for constructing smoking areas around the project site to the satisfaction of the Director of Public Works. Smoking areas should be placed in convenient locations near project entrances. Eight (8) areas (or as directed by the Director of Public Works) should be provided around the Apple Campus 2 sites, with one being located near the Pruneridge Ave, Wolfe Road and Homestead Road pedestrian entrances, and five at key Tantau Ave Pedestrian entrances. Smoking areas should be equipped with adequate ash trays to aid in cigarette filter disposal and to discourage littering of cigarette filters. The areas should be designed with an attention to litter prevention and to prevent discarded cigarette filters from entering the storm drain system. 97. GEOTECHNICAL REPORT All design criteria and specifications set forth in the design-level geotechnical report shall be implemented as a condition of project approval. The Applicant will be responsible for providing a geotechnical engineering review letter stating that the final approved set of plans have been reviewed and meet the intent and recommendations of the geotechnical report. 98. PEDESTRIAN CROSSWALKS The applicant shall provide pedestrian crosswalk improvements around the project site. This includes providing crosswalks at the Wolfe Road/Apple Campus 2 driveway entrance to the satisfaction of the Director of Public Works. Final crosswalk improvement plans shall be reviewed and approved by the Director of Public Works. 99. PEDESTRIAN CROSSING ENHANCEMENTS AT WOLFE ROAD AND INTERSTATE 280 RAMPS The six Interstate 280 ramps at Wolfe Road include the following: Northbound I-280 On-Ramp from southbound Wolfe Road Northbound I-280 On-Ramp from northbound Wolfe Road Northbound I-280 Off-Ramp Southbound I-280 On-Ramp from northbound Wolfe Road Southbound I-280 On-Ramp from southbound Wolfe Road Southbound I-280 Off-Ramp The applicant shall replace all crosswalks at the on-ramps with new crosswalks which are perpendicular to the ramps, incorporate high-visibility ladder striping, and yield limit 32 Resolution No. 6731 October 2, 2013 Page PC-5-33 lines. The applicant shall install high-visibility ladder striping at the crosswalks at the two off-ramps. The applicant shall also provide ADA-compliant curb ramps for all crosswalks. Additionally, at the southbound I-280 loop on-ramp from southbound Wolfe Road, the applicant shall replace the existing fence on the overcrossing with one that has better transparency, trim and maintain vegetation on northwest corner of the on-ramp, relocate the curb ramp further north along the highway on-ramp; and add pavement legends to indicate a pedestrian crossing. In the event that Apple can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, sufficient progress has not been made with the responsible agency, the funding shall be held in escrow or in a segregated account held by the City in lieu of the design and construction of the mitigation measure. The funds will be released to the responsible agency once the project is programmed and approved. 100. FUNDING OF POTENTIAL NEIGHBORHOOD CUT-THROUGH TRAFFIC AND PARKING INTRUSION MONITORING AND MITIGATION PROGRAM The applicant shall fund neighborhood cut-through traffic and parking monitoring studies and provide fees to implement needed traffic calming improvements to minimize neighborhood cut-through traffic and parking intrusion within the cities of Santa Clara and Sunnyvale. The applicant shall provide up to $250,000 for the City of Santa Clara and up to $500,000 for the City of Sunnyvale for neighborhood cut-through traffic and parking intrusion measures. These contributions will be provided to the City of Cupertino prior to issuance of the first building permit for the project. The applicant shall also fund all baseline and monitoring studies as required above and beyond the amounts specified above. The monitoring program shall include the following items: (1) identifying the monitoring areas (roadways where the monitoring will occur; (2) determining baseline conditions (number of parked vehicles and traffic volumes on the roadways); (3) determining thresholds for parking and traffic volume increases requiring action (per Santa Clara and Sunnyvale Traffic Calming Programs); (4) establishing the monitoring schedule; and (5) creating reporting protocols. The baseline conditions shall be established prior to but within 1 year of initial occupancy. Monitoring would then occur annually for 5 years. If parking spillover is identified as a problem as part of the annual parking monitoring, the applicant shall provide a detailed parking management strategy for review and ultimate approval by the City. The parking management strategy should show conclusively that the parking supply provided on the site would meet the expected demand (both for daily operations and special events). Examples of the types of strategies the applicant may include in the parking management strategy include the following: Periodic surveys to measure employee parking demand rates Employee education campaigns 33 Resolution No. 6731 October 2, 2013 Page PC-5-34 Periodic monitoring of employee parking on streets surrounding the project site which includes license plate checks Parking cash-out program Additional valet parking assistance beyond that currently proposed with the project Additional personnel and signage to direct parking during special events Other TDM measures to discourage single-occupancy driving and reduce parking demand on the site If spillover parking in nearby neighborhoods occurs even after implementation of the measures above, the following should be implemented: Parking restrictions on Forge Drive implemented by the City with funding from the applicant for design and physical improvements (such as signs, striping, curb painting and the like) and construction/installation of all such measures. Provision of additional parking spaces on-site to meet the parking demand, to the satisfaction of the Director of Community Development. Such additional parking would be subject to supplemental environmental review. Implementation or funding of a neighborhood parking permit program, signage, curb painting, or other parking restriction measures. 101. LEFT-TURN POCKET EXTENSIONS Left-turn pockets shall be extended at the De Anza Boulevard/Stevens Creek Boulevard intersection (westbound pocket), Wolfe Road/Homestead Road intersection (westbound pocket), Wolfe Road/Vallco Parkway intersection (southbound pocket), Tantau Avenue/Homestead Road intersection (westbound pocket), and Tantau Avenue/Stevens Creek Boulevard intersection (eastbound pocket). The applicant shall reconstruct medians and restripe roadways as necessary to construct the extended turn pockets. 102. VALLCO PARKWAY IMPROVEMENTS The applicant shall reconfigure Vallco Parkway between Perimeter Road and Tantau Avenue to two vehicle lanes and one bike lane in each direction, plus diagonal parking on the south side, including any associated improvements such as, but not limited to, median relocation. In addition, the applicant shall design and install a traffic signal at the Main Street project garage entrance onto Vallco Parkway. 103. SARATOGA AVENUE/LAWRENCE EXPRESSWAY The applicant shall provide a $1,000,000 fair share contribution to Santa Clara County for the purpose of constructing an additional left-turn lane from Saratoga Avenue onto northbound Lawrence Expressway. 104. INTERSTATE 280 SOUTHBOUND ON-RAMP AT LAWRENCE EXPRESSWAY The applicant shall construct a third lane on the southbound on-ramp to Interstate 280 at Lawrence Expressway between Lawrence Expressway and the metering lights. The 34 Resolution No. 6731 October 2, 2013 Page PC-5-35 applicant shall also construct a third eastbound lane along the connector road between Calvert Drive and Lawrence Expressway. The project sponsor shall provide funding to the responsible agency for this improvement or shall construct the improvement. 105. GLENDENNING BARN RELOCATION As set forth in the Development Agreement, and as expressly limited by the terms thereof; if, and only if, the Glendenning Barn is relocated off the Project Site, Apple shall pay city Two Million Six Hundred Forty Four Thousand and Thirty-Five Dollars ($2,644,035) (the acquiring or providing a relocation site for the Glendenning Barn on City-owned property, the cost of improvements to the relocation site and the Glendenning Barn, the net present value of annual maintenance expenses, and additional amounts for capital repair costs anticipated in years ten and twenty. Apple will pay such amount to City time following relocation of the Glendenning Barn; provided, however, if City opts to acquire a new site for the Glendenning Barn rather than locate the Glendenning Barn on an existing City-owned site, then Apple will deposit up to $1,000,000 of the Glendenning site so that the funds can be applied towards the purchase price payable by City at closing, in which case the balance of the Glendenning Barn Relocation Contribution will be payable by Apple following relocation of the Glendenning Barn as provided above. 106. FIBER OPTIC CONDUIT INSTALLATION. As set forth in the Development Agreement, and as expressly limited by the terms thereof; install an additional separate fiber optic conduit along Wolfe Road between the 280 optic conduit shall be installed in accordance with plans and specifications approved by the Director of Public Works. 107. WOLFE ROAD/I-280 NORTHBOUND RAMPS Applicant shall implement Mitigation Measure TRANS-1: Applicant shall cC onstruct an additional westbound lane at intersection #21 Wolfe Road/I-280 Northbound Ramps to provide for dual left-turn and dual right-turn lanes. However, the off-ramp intersection is under Caltrans jurisdiction. Therefore, neither the project sponsor nor the City of Cupertino can ensure the imple¬men¬tation of the proposed mitigation measure; thus the impact is considered significant and unavoidable. 108. TANTAU AVENUE/VALLCO PARKWAY RECONFIGURATION Applicant shall implement Mitigation Measure TRANS-2: Construct an exclusive northbound through lane (for a total of one left-turn lane, one through lane, and one shared through/right-turn lane), and a receiving lane on the north side of the intersection. The proposed mitigation measure could have secondary impacts to the trees along the east side of Tantau Avenue. The roadway would need to be widened to the east, to provide for 35 Resolution No. 6731 October 2, 2013 Page PC-5-36 a bike lane to the right of the travel lane and the sidewalk adjacent to the bike lane. Secondary impacts associated with the removal of trees that are protected under the City Mitigation Measures BIO-1 and BIO-3 found in the MMRP . 109. STEVENS CREEK BOULEVARD/CALVERT DRIVE/I-280 RAMPS (WEST) Applicant shall implement Mitigation Measure TRANS-3: Construct an exclusive eastbound right-turn lane (for a total of three through lanes and one right-turn lane) and provide an eastbound right-turn overlap phase. To accommodate the added lane the existing buffer between the roadway and sidewalk would need to be eliminated and the sidewalk pushed closer to the existing fence on the south side of Stevens Creek Boulevard. This mitigation measure would also require relocation of an existing streetlight, fire hydrant, and utility pole. This intersection is a CMP intersection and is located within the City of Santa Clara. It is also under Caltrans jurisdiction. The project sponsor would be required to coordinate with the City of Santa Clara and Caltrans to construct the identified physical improvement at the Stevens Creek Boulevard/Calvert Drive/I-280 Ramp (west) intersection. Since this intersection is outside of the City of Cu City cannot guarantee that the improvement would be constructed. For this reason the impact would remain significant and unavoidable. 110. DE ANZA BOULEVARD/HOMESTEAD ROAD Applicant shall implement Mitigation Measure TRANS-4: Construct an exclusive southbound right-turn lane (for a total of two left-turn lanes, three through lanes, and one right-turn lane). With the mitigation measure identified above, secondary impacts associated with the removal of trees could occur. Secondary impacts associated with the Ordinance shall be addressed through implementation of Mitigation Measures BIO-1 and BIO-3 found in the MMRP. 111. TANTAU AVENUE/HOMESTEAD ROAD Applicant shall implement Mitigation Measure TRANS-6: Construct an exclusive right- turn lane from eastbound Homestead Road to south¬bound Tantau Avenue (for a total of one eastbound left-turn lane, two eastbound through lanes, and one eastbound right-turn lane). With the mitigation measure identified above, secondary impacts associated with the removal of trees could occur. Secondary impacts associated with the removal of trees l be addressed through implementation of Mitigation Measures BIO-1 and BIO-3 found in the MMRP. 112. TANTAU AVENUE/STEVENS CREEK BOULEVARD Applicant shall implement Mitigation Measure TRANS-8: Construct a 100-foot exclusive southbound right-turn lane (for a total of two southbound left-turn lanes and one southbound right-turn lane), with associated improvements in the right-of-way. 36 Resolution No. 6731 October 2, 2013 Page PC-5-37 113. STEVENS CREEK BOULEVARD/CALVERT DRIVE/I-280 RAMPS (WEST) Applicant shall implement Mitigation Measure TRANS-9a: Implement Mitigation Measure TRANS-3 (add exclusive eastbound right-turn lane) and provide a channelized free right-turn lane with a third eastbound receiving lane on the connector link between Stevens Creek Boulevard and Lawrence Expressway, for a distance of approximately 1,250 feet including a pedestrian-actuated traffic signal to allow for protected pedestrian crossings to the pedestrian refuge island. The project sponsor shall provide detailed construction plans and shall construct the mitigation measure. If the applicant cannot get approval for this mitigation measure, they shall provide funding to the City of Santa Clara (up to a maximum of $1,531,288) to design and construct either (1) the identified mitigation measure or; (2) an alternate improvement which would mitigate the impact to the satisfaction of the City of Cupe. 114. STEVENS CREEK BOULEVARD/LAWRENCE EXPRESSWAY (EAST) Applicant shall implement Mitigation Measure TRANS-10: Construct a northbound left- turn lane (for a total of two exclusive left-turn lanes, one shared left-turn/through lane, and shared through/right-turn lane) from northbound Lawrence Expressway to westbound Stevens Creek Boulevard. This improvement is physically feasible; however, it would require the construction of a retaining wall and modifications to the eastbound approach to accommodate the additional left-turn lane. This intersection is a CMP intersection located within the City of Santa Clara. The project sponsor would be required to coordinate with VTA, City of Santa Clara, and other responsible agencies to construct the identified physical improvement at the Stevens Creek Boulevard/Lawrence Expressway Ramps (east) intersection. Since this intersection improvement would be constructed. For this reason the impact would remain significant and unavoidable. The project sponsor shall provide detailed construction plans and shall construct the mitigation measure. If the applicant cannot get approval for this mitigation measure, they shall provide funding to the City of Santa Clara (up to a maximum of $1,276,601) to design and construct either (1) the identified mitigation measure or; (2) an alternate improvement which would mitigate the impact to the satisfaction of the City of . 115. LAWRENCE EXPRESSWAY/I-280 SOUTHBOUND RAMPS Applicant shall implement Mitigation Measure TRANS-11: Construct an exclusive eastbound through lane (for a total of one shared left-turn/through lane, one through lane, and one right-turn lane). The mitigation measure would require the construction of a new retaining wall along I-280, since Calvert Road would need to be curved to properly align with two receiving lanes at the on-ramp. There is existing right-of-way to accommodate this mitigation measure. However, the measure would require widening the existing bridge that crosses the creek running parallel to the west side of Lawrence Expressway. The widening would cause secondary impacts to the creek. Potential secondary impacts to the creek associated with widening the existing bridge shall be addressed through 37 Resolution No. 6731 October 2, 2013 Page PC-5-38 implementation of Mitigation Measures in Section V.D, Biological Resources found in the MMRP. This intersection is a CMP intersection on a County expressway and portions are likely within Caltrans right-of-way. The project sponsor would be required to coordinate with VTA, the County of Santa Clara, and other responsible agencies to construct the identified physical improvement at the Lawrence Expressway/I-280 Ramps intersection. Since this that it would be constructed. For this reason the impact would remain significant and unavoidable. The project sponsor shall provide detailed construction plans and shall construct the mitigation measure. If the applicant cannot get approval for this mitigation measure, they shall provide funding to the City of Santa Clara (up to a maximum of $2,923,074) to design and construct either (1) the identified mitigation measure or; (2) an alternate improvement which would mitigate the impact to the satisfaction of the City of t. The project sponsor shall seek a Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) and any other applicable regulatory permits for creek intrusion and shall comply with all conditions identified in the Streambed Alteration Agree¬ment or other regulatory permit. 116. DE ANZA BOULEVARD BETWEEN HOMESTEAD ROAD AND RAINBOW DRIVE Applicant shall implement Mitigation Measure TRANS-12: Implement Mitigation Measure TRANS-4 (add exclusive southbound right-turn lane), along with providing a $50,000 fair-share contribution towards the implementation of a traffic-adaptive traffic signal system along De Anza Boulevard between Homestead Road and Rainbow Drive. 117. WOLFE ROAD/VALLCO PARKWAY Applicant shall implement Mitigation Measure TRANS-15: Contribute a pro rata share to modify the traffic signal operations to provide an overlap phase for the westbound right- turn movement, which would provide for a green right-turn arrow while the southbound left-turn movement has its green time. Southbound U-turns shall also be prohibited. To accommodate the overlap phase the geometries at the westbound approach would be modified to provide one left-turn lane, one shared left-turn/through lane, and two right- turn lanes. Providing a westbound overlap phase could have secondary impacts, since southbound vehicles wanting to travel northbound would have to travel to the Stevens Creek Boulevard/Wolfe Road intersection to access northbound Wolfe Road. 118. FREEWAY IMPACT CONTRIBUTION Applicant shall implement Mitigation Measure TRANS-22: Pay a $1,292,215 fair share contribution towards planned transportation projects that would improve traffic operations of the impacted freeway segments and provide added transpor¬tation capacity on parallel facilities: (1) SR 85 Express Lane project (converting the existing HOV lane to a toll lane to allow single occu¬pant vehicles to drive in the HOV lane for a fee) between 38 Resolution No. 6731 October 2, 2013 Page PC-5-39 Mountain View and San Jose; (2) eliminating the existing bottleneck on southbound I-280 between El Monte Avenue and Magdelena Avenue; and (3) either the Bus Rapid Transit (BRT) stations proposed within Cupertino, or an alternative improvement or study towards the improve-ment of the impacted I-280 corridor or a parallel corridor that would provide capacity relief for the I-280 corridor. The City has no control over the implementation of these mitigation measures; therefore the impact to the freeway segments would remain significant and unavoidable. 119. TANTAU AVENUE/VALLCO PARKWAY INTERSECTION Applicant shall implement Mitigation Measure TRANS-17: Construct a dedicated south- bound right-turn lane at the Tantau Avenue/Vallco Parkway intersection. 120. NORTHBOUND I-280 OFF-RAMP AT WOLFE ROAD Applicant shall implement Mitigation Measure TRANS-25: Widen the northbound I-280 off-ramp at Wolfe Road to accommodate two lanes. The project sponsor would need to work with City staff, VTA, and Caltrans to plan, design and construct the widening with all funding provided by the project sponsor. The off-ramp is under Caltrans jurisdiction. Therefore, the City of Cupertino cannot ensure the implementation of the proposed mitigation measure; thus the impact is considered significant and unavoidable. 121. SOUTHBOUND I-280 OFF-RAMP AT WOLFE ROAD Applicant shall implement Mitigation Measure TRANS-26: Widen the southbound I-280 off-ramp at Wolfe Road to accommodate two lanes. The project sponsor would need to work with City staff, VTA, and Caltrans to plan, design, and construct the widening with all funding provided by the project sponsor. Widening of the freeway off-ramp to accommodate a second off-ramp lane and shoulder would likely require the removal of existing landscaping in front of the soundwall. The feasibility of this mitigation measure cannot be assured and the off-ramp is under Caltrans jurisdiction. Therefore, the City of Cupertino cannot ensure the implementation of the proposed mitigation measure and the impact is considered significant and unavoidable. 122. SOUTHERNMOST WOLFE ROAD DRIVEWAY TO CUPERTINO VILLAGE Applicant shall implement Mitigation Measure TRANS-27: The southernmost driveway to the Cupertino Village shall be closed. 123. WOLFE ROAD/PROJECT ACCESS INTERSECTION Applicant shall implement Mitigation Measure TRANS- that is activated by a pedestrian push button. Additionally, the project shall install a high visibility crosswalk (i.e., with ladder striping) at the east leg of the Wolfe Road/Project Access intersection to help make the crosswalk more prominent. 124. RUBBERIZED PAVEMENT TREATMENT 39 Resolution No. 6731 October 2, 2013 Page PC-5-40 Applicant shall implement Mitigation Measure NOI-2: Resurface the following roadway segments with RHMA-O or similar quiet pavement: East Homestead Road, from North Wolfe Road to North Tantau Avenue; and North Wolfe Road, from Pruneridge Avenue to the I-280 northbound ramps. 125. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this recommendation or any permit or approval authorized hereby for the project, including (without limitation) reimbursing nse of the litigation. Applicant and City shall use best efforts to select mutually agreeable legal counsel to defend such action, and Applicant shall pay all compensation for such legal counsel, following r with reasonable supporting documentation. Such compensation shall include reasonable compensation paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. If Applicant and the City cannot in good faith agree on joint counsel, the City shall have the right to retain counsel of its own choosing, 126. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS OF APPROVAL ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 127. LIMITED REVIEW Review of this Developmental proposal is limited to acceptability of building/site access and water supply as they pertain to fire department operations and is not intended to be a comprehensive plan review to determine compliance with the fire and life-safety provisions of State and locally adopted codes and regulations. 128. FIRE SPRINKLERS REQUIRED 40 Resolution No. 6731 October 2, 2013 Page PC-5-41 An automatic sprinkler system shall be provided throughout all new buildings and structures. 129. PRIVATE ON-SITE FIRE HYDRANT(S) The applicant shall provide private on-site fire hydrants at locations to be determined by the Fire Department. Maximum hydrant spacing shall be 500 feet, with a minimum acceptable flow of 1,500 GPM at 20 psi residual pressure. 130. STANDPIPES In addition to the standpipes required by 905 of the California Building Code, standpipes shall additionally be installed in the office building courtyard and at other locations determined by the Fire Department. 131. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS Installation of required fire service and fire hydrants shall be tested and accepted by the Fire Department prior to the presence of bulk combustible materials on site. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 132. FIRE APPARATUS ACCESS ROADS (GENERAL) Provide apparatus access roadways with an all-weather surface within 150 ft. of the exterior walls of all buildings. Access roads shall have a minimum unobstructed width of 20 feet and a vertical clearance of 13 feet 6 inches. Turn radii shall be per Fire Department specifications. NOTE: Apparatus access shall be provided from entrances on Wolfe and Tantau. The portion of the tunnel between the Wolfe entrance and the new Fwy 280 frontage road must accommodate the Fire Department aerial apparatus. 133. FIRE APPARATUS ACCESS ROADS - AERIAL APPARATUS a. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. b. Width: Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet and shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building and/or as approved by the Fire Department. 134. EXTERIOR ALARM ANNUNCIATOR An exterior fire alarm annunciator, as is acceptable to the Fire Department, shall be provided for emergency vehicles arriving at the Wolfe and Tantau entrances. A written procedure shall be developed for notifying emergency personnel of the incident type and location upon their arrival at the Wolfe entrance. 41 Resolution No. 6731 October 2, 2013 Page PC-5-42 135. TRAFFIC SIGNAL PREEMPTION Intersection signal preemption shall be installed per the requirements of the MMRP (Attachment DP-1). 136. FIRE COMMAND CENTER A Fire Command Center room, accessible from the exterior of the building, shall be provided and shall contain the fire alarm control panels and other building controls that may be necessary to operate/monitor under emergency conditions. 137. EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS All buildings shall have approved radio coverage for emergency responders within all portions the buildings, based upon the existing coverage levels at the exterior of the building. Additional systems, components or equipment shall be provided, as necessary, to provide radio coverage levels. SECTION VI: CEQA REVIEW An Environmental Impact Report for the Subdivision was prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. PASSED AND ADOPTED this 2nd day of October, 2013, Special Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Aarti Shrivastava Don Sun, Chair Director of Community Development Planning Commission 42 CONFIDENTIAL: ATTORNEY-CLIENT PRIVILEGE ADMINISTRATIVE DRAFT (9-20-13) MITIGATION MONITORING AND REPORTING PROGRAM A. INTRODUCTION This document describes the Mitigation Monitoring and Reporting Program (MMRP) for ensuring the effective implementation of the mitigation measures adopted by the City of Cupertino (City) and made conditions of approval of the Apple Campus 2 Project (project). The project would entail the redevelopment of an approximately 176-acre project site into a new campus for Apple Inc. (Apple). When a lead agency adopts findings pursuant to Section 21081 of the California Environmental 1 2 Quality Act (CEQA) and Section 15091 of the CEQA Guidelines upon completion of an Environmen- tal Impact Report (EIR), it is required to adopt a reporting and monitoring program pursuant to Section 21081.6 of CEQA and Section 15097 of the CEQA Guidelines. The purpose of the MMRP is to ensure compliance with the measures adopted to mitigate or avoid significant environmental impacts during project implementation. This MMRP will not only direct the implementation of mitigation measures by the specified responsible parties, but also facilitate the monitoring, compliance, and reporting activities, including the activities of any third-party monitors it may designate. B. PROJECT BACKGROUND The project site is currently developed with structures that contain office and research and development uses. These existing structures will be demolished and replaced with new development as part of the project. The project involve the construction of 3,420,000 square feet of office, research, and development uses; 245,000 square feet of auditorium, fitness center, and parking reception uses; 92,000 square feet of utility plants; and parking and ancillary buildings (such as security receptions and landscape maintenance buildings). As part of the project, a segment of Pruneridge Avenue will be vacated by the City to allow for the development of a unified and secure campus and Apple will also implement changes to local roadways in the vicinity of the project site. The environmental effects of the project are analyzed and identified in the Apple Campus 2 Project Final EIR. The Final EIR identifies potentially significant impacts and mitigation measures in the following areas: planning policy land use 1 The California Environmental Quality Act is found at Public Resources Code Section 21000 et seq. Hereinafter, 2 ound at California Code of Regulations, Title 14, Section 15000 et seq. C:\\Users\\piug\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\HFG207ZV\\MMRP_Final 9-24-13-Complete.doc (09/24/13) ADMINISTRATIVE DRAFT 1 LSA ASSOCIATES, INC.APPLE CAMPUS 2 PROJECT EIR AUGUST 2013 MITIGATION MONITORING AND REPORTING PROGRAM biological resources cultural resources geology, seismicity, and soils hydrology and water quality hazards and hazardous materials transportation and circulation noise air quality public services and utilities C. ROLES AND RESPONSIBILITIES As the lead agency under CEQA, the City will be responsible for ensuring full compliance with the provisions of this MMRP and will have primary responsibility for implementation of the MMRP. The City has the authority to halt any activity associated with the construction and operation of the Apple Campus 2 project if the activity is determined to be a deviation from the approved project or the adopted mitigation measures. D. MITIGATION MONITORING AND REPORTING PROGRAM The attached table presents a compilation of the mitigation measures in the Final EIR, together with the required monitoring and reporting actions, and timing. The attached table includes columns that show: (1) each mitigation measure identified in the Final EIR; (2) the procedure for implementing each mitigation measure; (3) the City entity responsible and procedure for monitoring and reporting implementation of each mitigation measure; (4) the timing for implementation of each mitigation measure; and (5) verification of mitigation measure completion. C:\\Users\\piug\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\HFG207ZV\\MMRP_Final 9-24-13-Complete.doc (09/24/13) ADMINISTRATIVE DRAFT 2 3 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE r shall Timing Funds to be paid as indicated in the Development Agreement. (1) Prior to entering into a street improvement agreement, the project sponsohave plans approved by the City which includes 2. MITIGATION MONITORIN - - to dedicate Public Works ible Party/ ns are DRAFT sion and City Council oning Map. ResponsMonitoring Action The Director of shall either: (1) Collect the payment; or (2) Receive a dedication of 1.1 acres of property, to its satisfaction. If funds are provided, the City shall actively pursue the design and development of park space. If the project sponsor choosesproperty it owns/acquires for this purpose, the location has be to be approved by the City and if acceptable,, the City shall work with the Planning Commisto designate the property as Parks and Open Space in the The Public Works Department shall review and approve plans for the bicycle and pedestrian improvements identified in Mitigation Measure PLANThe City shall verify that the submitted pla ADMINISTRATIVE ) 2. - - 09/24/13 ( nate, and ty. The Complete.doc - 13 - wide park 24 - - l: tation MMRP_Final 9 tion Measure PLAN\\ erty to be acquired or urchase, desig Implementing Procedure HFG207ZV \\ The project sponsor shall either: (1) Pay the Department of Public Works, the amount stated in the Development Agreement for the acquisition of the park or (2) Pdedicate 1.1 acres of property to the Ciproppurchased shall be approved by the City and suitable for development and ongoing use as park space. The City shall take into account existing and future need for neighborhood and Cityspace. The project sponsor shall submit detailed plans for the transporimprovements identified in MitigaIn addition, the project sponsor shal Content.Outlook \\ park Temporary Internet Files \\ Windows \\ uld be publicly Microsoft \\ PLANNING POLICY Local \\ Mitigation Measure 1: The project sponsor shall 2: The project sponsor shall -- AppData \\ piug Provide sufficient funds for the acquisition of 1.1 acres of property by the City for futuredevelopment; orAgree to purchase (unless other property currently owned by Apple is proposed), designate, and dedicate to the City 1.1 acres elsewhere in the City as Parks and Open Space, subject to the satisfaction of the City, provided the land woaccessible.Fund, construct, and, where necessary, provide dedications of real property (including costs for planning, design, construction and \\ IV. Users \\ PLANimplement one of the following options:a.b.PLANimplement the following measures to the satisfaction of the City:a. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 4 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing bonds or other surety to guarantee the improvements. (2) Funding subject to terms of the Development Agreement. MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action consistent with other transportation improvements proposed for the area, and that the plans leave no connectivity gaps for bike, pedestrian and disabled person transport. ADMINISTRATIVE ) 09/24/13 ( west - o Complete.doc - struct a struct 13 - tions of real 24 - 280. - scaled lighting - ments in the public way along all - MMRP_Final 9 rian\\ of finding scheme along - - Implementing Procedure HFG207ZV \\ (1) Fund, construct, and provide dedicaproperty (where necessary) for all bike, pedestrian, landscaping, and sidewalk improverightproperties bounded by East Homestead Road, North Tantau Avenue, VallcParkway, and North Wolfe Road. (2) Fund and conwaythe entire alternate eastloop around the project site. (3) Fund and conenhanced bike lanes, pedestrian paths, fencing, guard rails (if feasible), and pedestalong the North Wolfe Road bridge over I(4) Fund and construct other bicycle and pedestrian amenities, as identified in the submitted plans. (5) See Mitigation Measures - - Content.Outlook \\ west loop ced along - finding ian and bicycle -Temporary Internet Files \\ Windows \\ kway, and North Wolfe Microsoft \\ Local \\ Mitigation Measure way along all properties AppData \\ - piug maintenance), all bike, pedestrian, landscaping, and sidewalk improvements in the public rightofbounded by East Homestead Road, North Tantau Avenue, Vallco ParRoad. In locations where the improvements are adjacent to property with past project approvals, the design details shall be consistent with all other improvements approved by the City.A coordinated wayscheme shall be introduthe entire alternate east(North Wolfe Road, East Homestead Road, Vallco Parkway, and North Tantau Avenue). Wayfinding signage shall be designed to orient visitors and residents, pointing them to area attractions, retail areas, pedestraccess routes, and other important destinations. Signs shall also be designed to direct those on foot or on bike to the safest bicycle and pedestrian routes, as well as other \\ Users \\ b. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 5 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( 3. - 28, - Complete.doc - struct ADA 13 - 24 - 23, TRANS29 and PLAN -- MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ TRANSTRANS(6) Fund and conramp improvements identified in the submitted plans. - Content.Outlook \\ scaled - 28 (to - 29 (to - Temporary Internet Files \\ pedestrian be designed to Windows \\ oriented lighting, and - Microsoft \\ 23 and TRANS tion); TRANS - Local \\ Mitigation Measure AppData \\ piug bicycle and pedestrian amenities.Enhanced bike lanes, pedestrianpaths, fencing, guard rails (if feasible), and pedestrianlighting shall be installed along the North Wolfe Road bridge over I280.Other bicycle and pedestrian amenities, such as high visibility signage, leadingintervals at signalized intersections, and other publically accessible amenities (e.g., bicycle racks, benches, attractive pedestrianlandscaping) along the project site perimeter shall be installed. These amenities shallimprove the safety and attractiveness of alternative modes of travel within the vicinity of the project site. Implement Mitigation Measures TRANSimprove pedestrian safety at the North Wolfe Road/Project Access intersecenhance the pedestrian \\ Users \\ c.d.e. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 6 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE bonds or Timing Prior to entering into a street improvement agreement, including other surety to guarantee the improvement, the project sponsor shall have plans approved by the MITIGATION MONITORIN ible Party/ DRAFT edestrian/bike ResponsMonitoring Action (1) The Community Development Department and Public Works Department shall review and approve plans to construct an alternate pcreek trail and shall work with the project sponsor to acquire the necessary permits for construction of the trail. (2) The Public Works ADMINISTRATIVE ) 09/24/13 ( uth to Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ (1) The project sponsor shall fund and construct a pedestrian/bike alternate creek trail extending from the intersection of North Tantau Avenue and Calabazas Creek, soVallco Parkway, on both sides of North Tantau Avenue, and then west along the north side of , to Content.Outlook \\ 3 (to - , on both ramp, with 280 south antau - - 280 ramps -3: ; and - Temporary Internet Files \\ Mall overpass on ramp, with Windows - \\ Microsoft 280 north on \\ - Local \\ Mitigation Measure 3: The project sponsor shall ramp, with updated crosswalk - -AppData \\ 280 south off - piug environment at the Iwith Wolfe Road); and PLANconstruct an alternate Calabazas Creek pedestrian/bike trail). Update American with Disabilities Act (ADA) ramps at the following locations: VallcoNorth Wolfe Road; northbound North Wolfe Road at Ionstriping; northbound North Wolfe Road at Iupdated crosswalk striping; west side of North Wolfe Road at Pruneridge Avenuesouthbound North Wolfe Road at Iupdated crosswalk striping.Fund and construct to the satisfaction of the City a pedestrian/bike alternate creek trail extending from the intersection of North TAvenue and Pruneridge Avenuesouth to Vallco Parkway \\ Users \\ f.PLANimplement the following measures the satisfaction of the City, as illustrated in Figure IV a. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 7 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE unding is Timing City. Timing of fsubject to terms of the Development Agreement. MITIGATION MONITORIN in the 3. The City - ible Party/ DRAFT ResponsMonitoring Action Department shall collect $250,000 to be used for a feasibility study of a full Class 1 separated trail,area specified in Mitigation Measure PLANshall supply other funding, as needed, to undertake the study and shall actively pursue construction of the trail if feasible. ADMINISTRATIVE ) 280 09/24/13 - ( way - of - Complete.doc - bound I 13 - 24 - as, recreational MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Vallco Parkway to the intersection of Calabazas Creek including an appropriate combination of the identified amenities (e.g., landscaping, lighting, rest areamenities). (2) The project sponsor shall partially fund, in the sum of $250,000, a feasibility study of a full Class I separated trail, where rightsare adequate, along the drainage channel that runs parallel to southbetween North De Anza Boulevard and Calabazas Creek, and then south alongthe western bank of Calabazas Creek to Vallco Parkway. Content.Outlook \\ side portions - nd Vallco Temporary Internet Files \\ side habitats and Windows - \\ eek Microsoft \\ Local \\ Mitigation Measure alternate trail route. The trail AppData Signage along the route including both wayfinding/maps and information on creek habitat and ecology;Appropriate plantings that mimic crprovide a linear reference point between the creekof the trail and the trail detour (wherever possible);Special pedestrian scaled lighting;Rest areas or picnic tables at trail intersections along North Tantau Avenue a \\ piug sides of North Tantau Avenue, and then west along the north side of Vallco Parkway to the intersection of Calabazas Creek. This funding shall account for planning, design, collaboration with other agencies, and construction and maintenance of theshall include a combination of the following features that reference Calabazas Creek: \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 8 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ - Content.Outlook \\ 280 - of - Temporary Internet Files \\ 280 between t reference the - Windows \\ nza Boulevard and Microsoft \\ r connection between the Local \\ Mitigation Measure AppData Parkway, as feasible, to nature while also not diminishing its role as a transportation route;Additional recreational amenities such as water fountains and trash receptacles;Appropriate pavement treatments thacreek and/or water; andDecorative fencing and/or guard rails on North Tantau Avenue along the bridge over Calabazas Creek and the bridge over Iand where the creek meets Vallco Parkway, that reference the creek and strengthen the lineacreek and the trail detour. \\ piug Partially fund, in the sum of $250,000, a study of a full Class I separated trail, where rightsway are adequate, along the drainage channel that runs parallel to southbound INorth De ACalabazas Creek, and then south \\ Users \\ b. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 9 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature:Date: Signature:Date: 2 2 -- G AND REPORTING PR 1. - APPLE CAMPUS 2 PROJE 3.3. -- ation Timing See Mitigation Measure CULTSee MitigMeasures PLANand PLANSee Mitigation Measures PLANand PLANSee Mitigation MITIGATION MONITORIN 3.3. -- ible Party/ DRAFT 2 and PLAN2 and PLAN 1. -- - ResponsMonitoring Action See Mitigation Measure CULTSee Mitigation Measures PLANSee Mitigation Measures PLANSee Mitigation Measures ADMINISTRATIVE ) 09/24/13 ( 3. 3. -- Complete.doc - 13 - 24 - on Measure 2 and PLAN2 and PLAN 1. MMRP_Final 9 \\ -- - Implementing Procedure HFG207ZV \\ See MitigatiCULTSee Mitigation Measures PLANSee Mitigation Measures PLANSee Mitigation Measures Content.Outlook \\ - 3.3. -- related - Temporary Internet Files west \\ - o carry out the Windows \\ 2 and PLAN2 and PLAN -- 1. - Microsoft \\ Local \\ Mitigation Measure 4: Implement Mitigation 5: Implement Mitigation 6: Implement Mitigation --- AppData \\ LAND USE 1: Implement Mitigation piug along the western bank of Calabazas Creek to Vallco Parkway. The study would only assess the feasibility of such a trail in the general area. If the City determines such a trail is feasible and determines tproject, the trail would be subject to further environmental review and subsequent approvals. The potential future trail would connect to the projectbicycle lane improvements on North Tantau Avenue and Vallco Parkway. The eastconnection would be publiclyaccessible and would be used for commuting and recreation. -\\ Users \\ PLANMeasure CULTPLANMeasures PLANPLANMeasures PLAN A.LU LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 10 CT EIR OGRAM Date Signature Completed/ Signature:Date: Signature: th 1, -3, G AND REPORTING PR - APPLE CAMPUS 2 PROJE 1. - 2, PLAN Timing - he City no later Measures PLANPLANand CULT Prior to the issuance of demolition permits and periodically throughout project construction. (2) Annual compliance reports shall be submitted to tthan September 30of each year. MITIGATION MONITORIN 3, - ty 2, PLAN - ible Party/ DRAFT 1. - 1, PLAN - ResponsMonitoring Action veys and confirm that PLANand CULT (1) The CommuniDevelopment Department shall periodically monitor construction activities at the project site and confirm that appropriate nest exclusion measures are in place. (2) The City shall review the annual compliance reports to confirm the adequacy of nest surappropriate nest protection measures are identified and successfully implemented. ADMINISTRATIVE ) 3, - 09/24/13 ( ve Complete.doc - 2, PLAN 13 - - 24 - 1. - 1, PLAN MMRP_Final 9 \\ - construction surveys conducted no more than - Implementing Procedure HFG207ZV \\ PLANand CULT (1) If construction would occur during the nesting season (February 1 to August 31), the project sponsor shall ensure that preare 14 days prior to the start of tree removal, tree pruning or construction activities in any area. (2) The project sponsor shall ensure that protective measures are established for active nests during this time and that these protectimeasures are regularly monitored. (3) No later than February 15th of each year, the s 3, - Content.Outlook \\ 2, PLAN - Temporary Internet Files \\ Windows \\ 1, PLAN - day intervals until - Microsoft \\ 1. - Local \\ qualified biologist shall Mitigation Measure AESTHETICSPOPULATION, AppData \\ 1: A BIOLOGICAL RESOURCES - piug \\ Users \\ Measures PLANand CULT B.There are no significant Aesthetics impacts.C.EMPLOYMENT, AND HOUSING There are no significant Population, Employment, and Housing impacts.D.BIOconduct surveys prior to tree pruning, tree removal, transplantation, ground disturbing activities, or construction activities on the site to locate active nests containing either viable eggs or young birds. Preconstruction surveyare not required for tree removal, tree pruning, or construction activities outside the nesting period. If construction would occur during the nesting season (February 1 to August 31), preconstruction surveys shall be conducted no more than 14 days priorto the start of pruning, construction, or ground disturbing activities. Preconstruction surveys shall be repeated at 14construction has been initiated in the area after which surveys can be LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 11 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ project sponsor shall submit annual compliance reports for the prior calendar year to the City and CDFW if trees are removed during the nesting season. Content.Outlook \\ site - dentifiable Temporary Internet Files \\ Windows \\ lent) around each ion zones shall be a Microsoft \\ Local \\ g viable eggs or young birds Mitigation Measure to identify signs of disturbance AppData \\ piug \\ Users \\ stopped. Locations of active nests containinshall be described and protective measures implemented until the nests no longer contain eggs or young birds. Protective measures shall include establishment of clearly delineated exclusion zones (i.e., demarcated by uniquely ifencing, such as orange construction fencing or equivanest site as determined by a qualified wildlife biologist, taking into account the species of birds nesting onand their tolerance for disturbance. In general, exclusminimum of 300 feet from the drip line of the nest tree or nest for raptors and 50 feet for passerines and other species. The active nest sites within an exclusion zone shall be monitored on a weekly basis throughout the nesting seasonor to determine if each nest no longer contains eggs or young birds. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 12 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Design features shall be incorporated into the building permit submittal. Certification letter shall be provided prior to final occupancy. MITIGATION MONITORIN safe features - ible Party/ 2. - Mitigation DRAFT ResponsMonitoring Action The Community Development Department shall verify that the submitted building plans include the birdidentified in Measure BIO ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - 2 (including - design features MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall submit to the City building plans that incorporate the specific identified in Mitigation Measure BIOthose features that pertain to indoor operational or design features, such as plantings and lighting). These design features shall Content.Outlook \\ by Temporary Internet Files \\ pendently or the ing the observations Windows \\ Microsoft \\ Local \\ Mitigation Measure related activities involving the safe design guidelines) into - - roducing habitat and appearing orate the following design AppData \\ 2: The project sponsor shall - piug From outside most buildings, glass often appears highly reflective, rep \\ moval of trees during the nesting Users \\ The radius of an exclusion zone may be increased by the project biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reducedthe project biologist only in consultation with CDFW. The protection measures shall remain in effect until the young have left the nest and are foraging indenest is no longer active. For any projectreseason, a report shall be submitted to the City of Cupertino and CDFW once per year documentand actions implemented to comply with this mitigation measure.BIOincorpfeatures (developed through a review of birdthe project to reduce bird collisions: Main Building and North Tantau Structures LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 13 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - final occupancy, the MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ be explicitly noted in building and site plans. Prior to project sponsor shall submit a report attesting that the design features have been installed as approved. Content.Outlook \\ profile reflectivity - t each story - Temporary Internet Files \\ al equipment Windows \\ ctivity glass shall be violet transmittance). - Microsoft \\ refle - wide awnings a - Local \\ Mitigation Measure foot AppData - \\ piug attractive to some birds. To limit reflectivity and prevent exterior glass from attracting birds, the project shall utilize lowglass (7 percent reflectivity, 0 percent ultraThis lowused for the entirety of the the lower levels nearest trees where bird collisions may be the most common) to provide additional avian safety. The Main Building shall include 10(or a similar feature) to create windows and muting image reflections.All indoor potted plants shall be placed away from the glass perimeter so that birds do not attempt to fly into the vegetation.All roof mechanicshall be covered by lowangled roofing so that obstacles to bird flight are minimized.reduced during evening hours \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 14 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ - Content.Outlook \\ violet - Temporary Internet Files \\ wide awnings (or a Windows \\ - m. grade parking - foot Microsoft \\ - passages. - Local \\ air façades. No glass shall be Mitigation Measure - erior glass from attracting AppData \\ piug through the use of a lighting control system. The abovestructures shall be designed with openutilized so birds can access open throughTo limit reflectivity and prevent extbirds, the project shall utilize lowreflectivity glass (7 percent reflectivity, 0 percent ultratransmittance).reduced during evening hours through the use of a lighting control systeThe Corporate Fitness Center shall include 5muting image reflections. \\ ntau Parking Structures Users \\ Main Parking Structure and North Ta Corporate Auditorium/Corporate Fitness Center LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 15 CT EIR OGRAM Date Signature Completed/ Date: Signature: . G AND REPORTING PR APPLE CAMPUS 2 PROJE tion or Timing Prior to the issuance of grading, demolioccupancy permits. The Director of Community Development may allow an extension of time, subject to the recommendations of Arborist and appropriate financial surety (such as a bond or a letter of credit) for the work remaining MITIGATION MONITORIN 2a - ible Party/ ion sites have DRAFT ResponsMonitoring Action The Community Development Department shall ensure that the project sponsor replaces/ compensates the City for all protected trees removed or damaged during the construction period and shall verify that suitable transplantatbeen identified. Substitutions to the trees identified in Exhibit EAmay be allowed subject to the Consulting Arborist and approval by the Director of Community Development. ADMINISTRATIVE ) 2a - 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall replace or compensate the City for all protected trees damaged or removed during the project construction period generally in conformancewith attached Exhibit EAand in accordance with the City of Cupertino Municipal Code Chapter 14.18. The project sponsor shall ensure that the project results in a net increase of at least 1,700 trees on the project site, which shall consist of native and climate appropriate species. Content.Outlook \\ the rtaken s Protected Temporary Internet Files \\ Windows \\ cement for removed compensation according Microsoft \\ s tree protection ordinance. Local \\ Mitigation Measure AppData \\ rt for the Apple Campus 2 3: Replacement/compensation of - piug \\ Users \\ BIOall protected trees shall be undein accordance with the Review of the Consolidated Arborist Report for the Apple Campus 2 Project and City Municipal Code requirements, prior to the initiation of construction. Recommendations noted within the Review of the Consolidated Arborist RepoProject, as modified by the Adjustments to Response to the Review of the Consolidated Arborist Report per EIR Plan Revision and A Review of the Trees Recommended for Transplant at the Apple Campus 2 Project shall be implemented tosatisfaction of the Community Development Director. Protected trees that are damaged or removed during construction or roadway improvements shall be subject to replacement/to the CityHowever, replatrees subject to the CityTree Ordinance shall be consistent with the requirements of Chapter 14.18 of the Protected Tree Ordinance. Trees LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 16 CT EIR OGRAM Date Signature Completed/ Date: Signature: - G AND REPORTING PR ing APPLE CAMPUS 2 PROJE urety Timing Extensions of time may be granted by the Director of Community Development if substantial progress is being made on the relocation and financial s(such as a bond or line of credit) is provided. If the GlendennBarn is located offsite, relocation timing and funding would be per the terms in the Development Agreement. - - MITIGATION MONITORIN of - - way, or - site) the - of - 1. - ible Party/ ated on DRAFT ResponsMonitoring Action e relocation of the barn has (1) The Community Development Department shall review and approve plans for the relocation of Glendenning Barn and shall specifically verify that (if the barn is relocstructure would be visible from a public right(if the barn is relocated offdefining elements would be visible from a public rightway or public viewpoint. (2) The City shall verify that thbeen documented in accordance with the provisions of Mitigation Measure CULT ADMINISTRATIVE ) - is 09/24/13 ( or off - Complete.doc - 13 - way. - 24 - , the plans of - site relocation - a barn relocation 1a. The project MMRP_Final 9 \\ - c right Implementing Procedure HFG207ZV \\ 2) If an on (1) The project sponsor shall prepareplan for either an onsite relocation that adheres to the Secretary of the Treatment of Historic Properties. The plan shall also include a design and proposed location for the commemorative plaque. (implementedshall adhere to the relocation criteria identified in Mitigation Measure CULTsponsor shall prepare visual simulations that show that the barn would be substantially visible from a publi Content.Outlook \\ way. - he of - Temporary Internet Files \\ tral Plant, near the to mitigate or Windows \\ site Relocation): The - Microsoft \\ accordance with the Tree Local \\ Mitigation Measure 1a (On - AppData western property line of the \\ CULTURAL RESOURCES piug \\ Users \\ that have been identified as being suitable for transplantation shall be relocated in Transplant Schedule approved by the Community Development Director.E.CULTGlendenning Barn shall be relocated to one of the following two sites within the Apple Campus 2 project site, subject to the approval of the City: 1) to the northeast of tCorporate Fitness Center, south of East Homestead Road or 2) at the proposed eastern termination of Pruneridge Avenue, near The Hamptons. The barn shall not be relocated to the second potential relocation site identified by Apple, to the west of the Censouthproject site. This site is unacceptable to the City because it would be difficult to allow for the barn to be visible from a public rightThe lead agency shall ensure that any adopted measuresavoid significant adverse changes to the resource are fully enforceable LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 17 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) - 09/24/13 ( Complete.doc - 13 - way or isible from a - 24 - of site relocation is - - 1b. The project MMRP_Final 9 \\ - Implementing Procedure HFG207ZV \\ (3) If an offimplemented, the plans shall adhere to the relocation criteria identified in Mitigation Measure CULTsponsor shall prepare visual simulations that show that the barn would be substantially vpublic rightpublic viewpoint. (4) The project sponsor shall retain a qualified structuremoving company and a qualified historic architect to oversee the barn relocation. (5) The project sponsor shall retain a qualified historicarchitect to document the relocation of the barn from its current site to the new site. - ng Content.Outlook \\ - defining - Temporary Internet Files \\ way, per the - ny with experience Windows \\ of - site relocation: Microsoft - \\ Local \\ Mitigation Measure itectural elements of the barn AppData \\ piug The following characterarchshall be substantially visible from a public rightdiscretion of City staff: 1) size/scale of barn; 2) board and batten siding (including windows, if possible); and 3) roofline. The new site for the GlendenniBarn shall include open space and/or land that can be converted to such use. The amount of open space shall be sufficient to agricultural roots. The Glendenning Barn shall be relocated by a qualified structuremoving compamoving historic buildings. Relocation of the Glendenning Barn shall be overseen by a qualified historical architect. The architect shall ensure that the barn retains its significant characterdefining features at its new \\ Users \\ through permit conditions, agreements, or other measures. The following stipulations shall apply to LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 18 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ rthwest Temporary Internet Files \\ Windows \\ ding its form, otographic Microsoft \\ Local \\ Mitigation Measure storic properties: AppData \\ piug location, incluproportion, structure, plan, style, and materials. The historian shall be responsible for documenting relocation of the barn from its current, historic site to its new site. Documentation shall include production of a report that includes phdocumentation of the move and a historical context for the barn that significance in local history. Copies of this documentation shall be offered to local libraries and local historical societies, and submitted to the NoInformation Center at Sonoma State University.Standards for the Treatment of Historic Properties (Standards) shall be applied to the barn at its new location. The Standards consist of four possible treatments for hipreservation, rehabilitation, restoration, and reconstruction. Depending on the nature of the \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 19 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ Temporary Internet Files \\ agency shall ensure Windows \\ site Relocation): The - ader board and/or other Microsoft \\ Local \\ Mitigation Measure 1b (Off - AppData \\ location where the public can piug its current condition, one or more of these treatments shall apply.The applicant shall provide a plaque, reeducational tools to explain the historic significance of the barn on the project site. The plaque shall include the City seal, name of the resource, date it was built, a written description, and photograph, and shall be placed in aview the information, not necessarily on the barn. \\ Users \\ OR CULTGlendenning Barn shall be relocated off the project site to a new site within Cupertino, subject to the approval of the City. The leadthat any adopted measures to mitigate or avoid significant adverse changes to the resource are fully enforceable through permit conditions, agreements, or other measures. The following stipulations LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 20 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ - - Content.Outlook \\ and 3) defining - Temporary Internet Files \\ educational uses way or (if the - ments of the barn Windows \\ of - Microsoft \\ accessible) a public - Local \\ ing character Mitigation Measure be substantially visible from AppData \\ piug The new site for the Glendenning Barn shall include open space and/or land that can be converted to such use. The amount of open space shall be sufficient to referroots. Appropriate uses of the new site could includedetermined by the City. Public access could be permitted and is encouraged, but is not required to reduce impacts to the resource.If located on private property, the followarchitectural eleshalla public rightbarn and/or its surroundings are publiclyviewpoint, per the discretion of City staff: 1) size/scale of barn; 2) board and batten siding (including windows, if possible); roofline. The Glendenning Barn shall be relocated by a qualified structuremoving company with experience moving historic buildings. \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 21 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ - Temporary Internet Files re that the barn \\ Windows \\ Microsoft sible for documenting istoric site to its new site. \\ tation shall be offered to applied to the barn at its Local \\ graphic documentation of the Mitigation Measure ing features at its new AppData \\ roduction of a report that includes piug Relocation of the Glendenning Barn shall be overseen by a qualified historical architect. The architect shall ensuretains its significant characterdefinlocation, including its form, proportion, structure, plan, style, and materials. The historian shall be responrelocation of the barn from its current, hDocumentation shall includepphotomove and a historical context for the barn that describes the history. Copies of this documenlocal libraries and local historical societies, and submitted to the Northwest Information Center at Sonoma State University.Standards for the Treatment of Historic Properties (Standards) shall benew location. The Standards \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 22 CT EIR OGRAM Date Signature Completed/ Date: Signature: e G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to the issuancof grading and building permits, and during project construction activities. MITIGATION MONITORIN 2b is included - ible Party/ iate DRAFT ResponsMonitoring Action (1) For grading permits, the Director of Public Works shall verify that the contract language in Mitigation Measure CULTin all approprconstruction documents for the project. ADMINISTRATIVE ) 09/24/13 ( - Complete.doc - 13 - vities. 24 - MMRP_Final 9 \\ Upon discovery of Implementing Procedure HFG207ZV \\ (1) The project sponsor shall submit a Monitoring Plan to the City prior to undertaking grounddisturbing acti (2)archaeological resources in Content.Outlook - \\ - es shall disturbing - Temporary Internet Files \\ ties: site location and on - Windows \\ ied archaeologist to Microsoft \\ ent condition, one or more tion, and reconstruction. Local \\ Mitigation Measure 2a: The project applicant shall - AppData \\ piug consist of four possible treatments for historic properpreservation, rehabilitation, restoraDepending on the nature of the its currof these treatments shall apply.The applicant shall provide a plaque, reader board and/or other educational tools to explain the historic significance of the barn, both on the offthe project site. The plaquinclude the City seal, name of the resource, date it was built, a written description, and photograph, and shall be placed in a location where the public can view the information, not necessarily on the barn. \\ Users \\ CULTretain a qualifmonitor project groundactivities. Prior to project grounddisturbing activities, the archaeologist shall prepare a Monitoring Plan for the project. The Monitoring Plan shall include: (1) a review of historical LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 23 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN 2b - - 2a and - ible Party/ DRAFT 2b are followed in the - ResponsMonitoring Action tractor identifies a cultural The City shall review the (2) For building permits, the Community Development Department shall verify that the contract language in Mitigation Measure CULTis included in all appropriate construction documents for the project. (3)Monitoring Plan for adequacy and verify that Mitigation Measures CULTCULTevent that the construction conresource during the construction period. ADMINISTRATIVE ) - - 09/24/13 - ( s are - Complete.doc - cance and 13 - 24 - 2a. MMRP_Final 9 \\ - taken in accordance mined to be of ty, if deposits are encoun Implementing Procedure HFG207ZV \\ the presence of an archaeological monitor, the project sponsor shall halt construction activities within 25 feet of the area while finds are being assessed by a qualified archaeologist. If depositdeterhistorical significance and avoidance is not feasible, mitigation efforts shall be underwith Mitigation Measure CULT (3) The project sponsor shall notify a qualified archaeological monitor and the Citered during grounddisturbing activities (when a monitor is not initially present) and halt construction within 25 feet of the deposits during such time. If deposits are determined to be of historical signifi Content.Outlook \\ ries, Temporary Internet Files \\ being evaluated. Windows \\ aphs, soil invento Microsoft \\ in the event that ithin 25 feet of the Local \\ Mitigation Measure AppData \\ piug \\ Users \\ maps, photogrand geotechnical reports to identify those locations where subsurface historical features may occur and areas of prehistoric sensitivity; and (2) a Discovery Plan that describes the specific methods and procedures that will be usedarchaeological deposits are identified.Archaeological monitors shall be empowered to halt construction activities at the location of a discovery to review possible archaeological material and to protect the resource while the finds are Monitoring shall continue until, in the resources are not likely to be encountered. If deposits of prehistoric or historical archaeological materials are encountered during project activities, all work wdiscovery shall be redirected until the archaeologist assesses the finds, consults with agencies as appropriate, and makes recommendations for the treatment of the discovery. If LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 24 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - is not feasible, 2a.MMRP_Final 9 \\ - gation efforts shall be Implementing Procedure HFG207ZV \\ avoidancemitiundertaken in accordance with Mitigation Measure CULT Content.Outlook \\ s shall the Temporary Internet Files \\ Windows \\ at a curation facility. Microsoft \\ Local \\ Mitigation Measure AppData \\ piug \\ Users \\ avoidance of the archaeological deposit is not feasible, archaeological deposits shall be evaluated for their eligibility for listing in the California Register of Historical Resources. If the deposits are not eligible, mitigation is not necessary. If the deposits are eligible, adverse effects on the depositbe mitigated. Mitigation may include excavation of the archaeological deposit in accordance with a data recovery plan (see CEQA Guidelines Section 15126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; preparation of a report detailing the methods, findings, and significance of the archaeological site and associated materials; and accessioning of archaeological materials and a technical data recovery report Upon completion of the assessment, the archaeologist shall prepare a report to document the methods and results of the assessment. The report LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 25 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ oma State Temporary Internet Files \\ tion when an Windows \\ Microsoft \\ f the project area for disturbing activities within - Local \\ Mitigation Measure hall be redirected and a 2b: If archaeological deposits - AppData \\ piug \\ work within 25 feet of the Users \\ shall be submitted to the City of Cupertino and the Northwest Information Center at SonUniversity upon completion of the resource assessment. CULTare encountered during project subsurface construcarchaeological monitor is not present, all ground25 feet squalified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. The project applicant shall inform its contractor(s) of the sensitivity oarchaeological deposits. The City shall verify that the following directive has been included in the appropriate contract documents: archaeological deposits are discovered during project activities, alldiscovery shall be redirected and a LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 26 CT EIR OGRAM Date Signature Completed/ Date: G AND REPORTING PR APPLE CAMPUS 2 PROJE ssuance Timing Prior to the iof grading, building, MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action (1) For grading permits, the Director of Public Works ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Upon discovery of paleontological resources - Content.Outlook \\ affected t collect or ools; - Temporary Internet Files \\ milling equip - stone tools (e.g., - Windows \\ sites often contain tions regarding the Microsoft \\ Local \\ Mitigation Measure 2a.3: Should paleontological -- AppData \\ piug \\ Users \\ qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendatreatment of the discovery.Project personnel shall nomove any archaeological materials or human remains and associated materials. Archaeological resources can include flakedprojectile points, knives, choppers) or obsidian, chert, basalt, or quartzite toolmaking debris; bone tculturally darkened soil (i.e., midden soil often containing heatrock, ash and charcoal, shellfish remains, faunal bones, and cultural materials); and stonement (e.g., mortars, pestles, handstones). Prehistoric archaeological Adverse effects to archaeological deposits shall be treated in accordance with Mitigation Measure CULTCULTresources be encountered during LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 27 CT EIR OGRAM Date Signature Completed/ Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing or occupancy permits and during project construction activities. MITIGATION MONITORIN 3 - 2b is included 3 is included -- ible Party/ DRAFT ify that the contract ResponsMonitoring Action n all appropriate shall verlanguage in Mitigation Measure CULTin all appropriate construction documents for the project. (2) The Community Development Department shall verify that the contract language in Mitigation Measure CULTiconstruction documents for the project.(3) The City shall verify that Mitigation Measure CULTis followed in the event that the construction contractor identifies paleontological resources during the construction period. ADMINISTRATIVE ) 09/24/13 ( ties Complete.doc - 13 - 24 - gist and the City. 3. MMRP_Final 9 \\ - aleontolo Implementing Procedure HFG207ZV \\ the project sponsor shall halt construction activiwithin 25 feet of the area and notify a qualified pIf deposits are determined to be significant and avoidance is not feasible, mitigation efforts shall be undertaken in accordance with Mitigation Measure CULT Content.Outlook \\ rt to cal tion hall be Temporary Internet Files and (if \\ fied disturbing - leontologi Windows \\ cal repository. Microsoft \\ Local \\ ment, a report documenting Mitigation Measure ate, and make priate. Upon completion of AppData \\ piug \\ Users \\ project subsurface construcactivities, all groundactivities within 25 feet sredirected and a qualipaleontologist contacted to assess the situation, consult with agencies as approprirecommendations for the treatment of the discovery. If found to be significant, and project activities cannot avoid the paresources, adverse effects to paleontological resources shall be mitigated. Mitigation may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical repoa paleontologiPublic educational outreach may also be approthe assessmethods, findings, and recommendations shall be prepared and submitted to the City of Cupertino for review,paleontological materials are recovered) a paleontological repository, such as the University of LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 28 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ ogy. site, all - Temporary Internet Files \\ ing project Windows \\ tions for the treatment Microsoft \\ da Local disturbing activities within \\ - Mitigation Measure men tor(s) of the sensitivity of the AppData \\ com piug \\ site may be sensitive for paleontological resources. If paleontological resources are encountered dursubsurface construction and a paleontologist is not onground25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make reof the discovery. Project personnel shall not collect or move any paleontological materials. esources. The City shall verify that Users \\ California Museum of Paleontol The project applicant shall inform its contracproject area for paleontological rthe following directive has been included in the appropriate contract documents: Paleontological resources include fossil plants and animals, and such LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 29 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to the issuance of grading, building,or occupancy permits and during project construction activities. MITIGATION MONITORIN act 2b is included 4 is included -- ible Party/ DRAFT ResponsMonitoring Action (1) For grading permits, the Director of Public Works shall verify that the contrlanguage in Mitigation Measure CULTin all appropriate construction documents for the project. (2) The Community Development Department shall verify that the contract language in Mitigation Measure CULTin all appropriate construction documents for the project.(3) The City shall verify that ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Upon discovery of human remains the project sponsor shall halt constructionactivities within 25 feet of the area, notify a qualified archaeologist and the City, and treat remains in accordance with California Health and Safety Code Section 7050.5. - Content.Outlook \\ e, and ological Temporary Internet Files \\ ine sediments may ment Mitigation Windows \\ 2a (archae - Microsoft \\ Local \\ Mitigation Measure ing) to identify and treat any 4: If human remains are - AppData \\ icant shall inform its contractor(s) piug \\ Users \\ trace fossil evidence of past life as tracks. Ancient marcontain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horsbison. Paleontological resources also include plant imprints, petrified CULTencountered during construction, the project shall impleMeasure CULTmonitorhuman remains that may be present. In addition, any human remains encountered during project grounddisturbing activities shall be treated in accordance with California Health and Safety Code Section 7050.5. The project applof the sensitivity of the project site for human remains. The City shall verify that the following directive has been included in the appropriate contract LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 30 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to issuance of grading, building, or occupancy permits. - MITIGATION MONITORIN 4 - tion ible Party/ DRAFT ResponsMonitoring Action Mitigation Measure CULTis followed in the event that the construction contractor identifies human remains during the construcperiod. (1) The Community Development Department and Department of Public Works shall review the final design ADMINISTRATIVE ) 09/24/13 ( Complete.doc - level 13 - - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ (1) The project sponsor shall submit a designgeotechnical report, prepared by a licensed professional containing Content.Outlook \\ ate. Project and mmission will Temporary Internet Files \\ of the discovery level geotechnical Windows \\ - Microsoft \\ if one is not already on site shall not collect or move any Local \\ Mitigation Measure GEOLOGY, SEISMICITY, AND SOILS AppData 1: Prior to the issuance of any \\ - specific grading or building -piug \\ to assess the situation and consult Users \\ documents: work within 25 feetshall be redirected and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted with agencies as appropripersonnel human remains or associated materials. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Coidentify a Native American Most Likely Descendant to inspect the site and provide recommendations for the proper treatment of the remains and F.GEOsitepermits, a designreport shall be prepared submitted to the City of Cupertino LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 31 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT nd specifications set level geotechnical - ResponsMonitoring Action rporated into all level geotechnical investigation to ensure that all recommendations, design criteria, aforth in the report are adequate to reduce the risk associated with seismic shaking hazards and expansive and corrosive soils. (2) The City shall verify that the recommendations of the designinvestigation are incoapplicable project plans. ADMINISTRATIVE ) 09/24/13 ( tions in Complete.doc - 13 - 24 - ate for minimizing MMRP_Final 9 \\ mendations for d expansive and Implementing Procedure HFG207ZV \\ recomspecific building techniques appropridamage from seismic events ancorrosive soils. (2) All recommendathe report shall be incorporated into plans for the specific development project(s) addressed in the report. Content.Outlook \\ supported - or the stressed - Temporary Internet Files \\ Windows \\ Microsoft \\ nts, use of control joints, Local \\ Mitigation Measure ate building code, as adopted AppData \\ piug The seismic hazard analysis presented in the geotechnical report shall include an evaluation of liquefaction hazards in the Calabazas Creek area, and shall conform to the California Division \\ y the City of Cupertino. Examples of Users \\ Building Department for review and approval and in accordance with adopted City standards. The structural designs shall adhere to the 2010 California Building Code (CBC) or the appropribthe kinds of measures that would typically be used to meet these requirements include pilefoundations, use of preconcrete materials, slab reinforcement, compaction specifications, drainage requiremeand appropriate safety factors. The report shall identify specific building techniques appropriate for minimizing damage from seismic events, including liquefaction and lateral spreading. In addition, the following requirement fgeotechnical and soils report shall be met: LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 32 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ is Content.Outlook \\ Temporary Internet Files \\ eology Windows \\ Microsoft \\ level geotechnical report Local -\\ s to building occupants Mitigation Measure AppData bgrade preparation, fill \\ piug of Mines and Grecommendations presented in the Guidelines for Evaluating and Mitigating Seismic Hazards in California. Design review for the project shall include evaluation of fixtures, furnishings, and fasteners with the intent of minimizing collateral injuriefrom falling fixtures or furnishings during the course of a violent seismic event. All design criteria and specifications set forth in the designshall be implemented as a condition of project approval. Threport shall address the final specifications for design and construction intended to limit the effects of seismic hazards to structures and utilities, including but not limited to: foundation design, driven piles, utility corridor design, excavation sumaterials and compaction specifications, retaining walls and \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 33 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE 1. - Timing See Mitigation Measure GEO Prior to issuance ofgrading, building, or occupancy permits. - MITIGATION MONITORIN ible Party/ DRAFT he ResponsMonitoring Action See Mitigation Measure GEO1. The Public Works Department shall review and verify thydrology/hydraulic analysis, and subsequently require improvements if necessary. The City shall review and ADMINISTRATIVE ) 09/24/13 ( Complete.doc - quately 13 - 24 - MMRP_Final 9 \\ 1. - Implementing Procedure HFG207ZV \\ See Mitigation Measure GEO(1) The project sponsor shall prepare a hydrology/hydraulic analysis of the existing storm drain system to verify it is adesized to accommodate the runoff from the project. Content.Outlook \\ arking lots, and Temporary Internet Files \\ f the level geotechnical ations set forth in - Windows \\ Microsoft \\ level geotechnical report - Local \\ Mitigation Measure HYDROLOGY AND WATER QUALITY 1: As a condition of approval for AppData 2: The design \\ - - piug concrete pavement specifications, and drainage and dewatering design. This report shall be completed as a condition of approval of the vesting tentative map or adoption odevelopment agreement. \\ Users \\ GEOreport shall include recommendations for foundations and improvements, including sidewalks, psubsurface utilities, that take into consideration the potential effects of expansive and corrosive soils. The report shall be submitted to the City of Cupertino Building Department for review and approval. All design criteria and specificthe designshall be implemented as a condition of project approval.G.HYDconstruction permits, the City Engineer shall review storm drainage plans and calculations for the project, and verify whether existing storm drain infrastructure affected by the project will meet current City LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 34 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to the issuance of grading, demolition orbuilding permits. MITIGATION MONITORIN areas for ublic Works ible Party/ site; and DRAFT - ResponsMonitoring Action approve plans for any such improvements if they are determined to be necessary. The final improvements shall be inspected by the Department of Pprior to issuance of occupancy permits. The Santa Clara County Fire Department shall verify that the construction plans for the project include: (1) designation ofmaterial delivery, storage, and waste collection; (2) provisions for maintenance of an inventory of hazardous materials retained on ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - or 24 - , the project MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ (2) The project sponsor shall submit copies of the analysis to the City Engineer. (3) If facilities are deemed inadequatesponsor shall submit plans for the construction of necessary upgrades to the City Engineer. (4) Upon completion of upgrades, the project sponsor will dedicate the facilities to the City. The project sponsor shall ensure that the following components are integrated into the construction plans for the project:(1) designation of areas for material delivery, storage, and waste collection;(2) provisions fmaintenance of an inventory of hazardous - Content.Outlook \\ year - tenance, labeled and Temporary Internet Files \\ Windows \\ ry, storage, and waste Microsoft \\ year storm event, as ate to convey a 10 - Local \\ Mitigation Measure HAZARDS AND HAZARDOUS MATERIALS 1a: The contractor(s) shall AppData \\ rements, including the ability to - piug \\ Users \\ requiconvey a 10storm events are calculated per standards set forth in the Santa Clara County Drainage Manual (2007). Should the City Engineer determine that the existing storm drain facilities are inadequstorm event, the project applicant shall be responsible for the design and construction of the necessary modifications. Upon completion the improvements will be dedicated to the City and the City will be responsible for ongoing mainrepair, and other liabilities associated with the improvements.H.HAZdesignate storage areas suitable for material delivecollection. These locations must be as far away from catch basins, gutters, drainage courses, and Calabazas Creek as feasible. All hazardous materials and wastes used or generated during project site development activities shall be stored in accordance with applicable LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 35 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action (3) emergency preparedness and response procedures. ADMINISTRATIVE ) 09/24/13 ( site; - Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ materials retained onand (3) emergency preparedness and response procedures. - Content.Outlook \\ date - 1b: - a hazardous to - Temporary Internet Files \\ Windows \\ Microsoft \\ hall be repaired promptly Local \\ Mitigation Measure site location. Secondary - AppData \\ piug \\ ocedures shall be developed by the Users \\ local, State, and federal regulations. In addition, an accurate upinventory, including Material Safety Data Sheets, shall be maintained onsite to assist emergency response personnel in the event ofmaterials incident. All maintenance and fueling of vehicles and equipment shall be performed in a designated, bermed area, or over a drip pan that will not allow runoff of spills. Vehicles and equipment shall be regularly checked and leaks sat an offcontainment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. Mitigation Measure HAZEmergency preparedness and response prcontractor(s) for emergency notification in the event of an accidental spill or other hazardous materials emergency during project site preparation and development LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 36 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to the issuance of grading, demolition or building permits. MITIGATION MONITORIN ible Party/ DRAFT tion plans include ResponsMonitoring Action The Santa Clara County Fire Department shall verify that construcsoil and groundwater management protocols identified in the ESMP (including VOC management protocols for development in the northwestern corner of the project site). ADMINISTRATIVE ) 09/24/13 ( specific specific Complete.doc - -- 13 - 24 - MMRP_Final 9 ance with the ESMP. \\ Implementing Procedure HFG207ZV \\ The project sponsor shall prepare a projectESMP and shall undertake construction activities in accord The project sponsor shall prepare a projectvapor intrusion assessment, and shall incorporate into Content.Outlook \\ or mental Site cedures, spill Temporary Internet Files \\ ater Quality, for Windows \\ struction workers, the Microsoft \\ Local \\ Mitigation Measure evacuation pro specific Environ - 2a: Construction at the project AppData \\ - piug \\ Users \\ activities. These procedures shall include containment procedures, and required personal protective equipment, as appropriate, in responding to the emergency. The contractor(s) shall submit these procedures to the City of Cupertino for approval prior to demolition, site preparation, development activities. Compliance with these mitigation measures may occur in coordination with compliance with the Storm Water Pollution Prevention Plan and Best Management Practices required for the proposed project (see Section V.G, Hydrology and Wadditional detail).HAZsite shall be conducted under a projectManagement Plan (ESMP) that is prepared in consultation with the RWQCB. The purpose of the ESMP is to protect congeneral public, the environment, and future site occupants from subsurface hazardous materials previously LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 37 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ the project design soil vapor mitigations or controls or source removal, as appropriate. Content.Outlook \\ ce. - ment Temporary Internet Files \\ Windows \\ identify monitoring, Microsoft \\ alth and safety provisions Local \\ Mitigation Measure water, if contaminated media AppData \\ piug \\ Users \\ identified at the project site and to address the possibility of encountering unknown contamination or hazards in the subsurfaThe ESMP shall summarize soil and groundwater analytical data collected on the project site during past investigations; identify manageoptions for excavated soil and groundare encountered during deep excavations; andirrigation, or other wells requiring proper abandonment in compliance with local, State, and federal statutes and regulations.The ESMP shall include measures for identifying, testing, and managing soil and groundwater suspected of orknown to contain hazardous materials. The ESMP shall: 1) provide procedures for evaluating, handling, storing, testing, and disposing of soil and groundwater during project excavation and dewatering activities, respectively; 2) describe required worker hefor all workers potentially exposed to hazardous materials in accordance LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 38 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ ite sign Packard - Temporary Internet Files ment with an \\ orthwestern corner Windows \\ Microsoft \\ apor controls or source Local \\ Mitigation Measure 2b: For areas at the project s AppData \\ - piug \\ Users \\ with State and federal worker safety regulations; and 3) designate personnel responsible for implementation of the ESMP.HAZwith potential residual VOCs in soil, soil gas, or groundwater that are planned for redevelopoverlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. These areas include the nof the site at the HewlettBuilding 42 area and the 10400 North Tantau Avenue property. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into an occupied building, project deshall include vapor controls or source removal, as appropriate, in accordance with regulatory agency requirements. Soil vapor mitigations or controls could include passive venting and/or active venting. The vapor intrusion assessment and associated v LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 39 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to the issuance of grading, demolition, or building permits. MITIGATION MONITORIN y Fire ible Party/ DRAFT ResponsMonitoring Action The Santa Clara CountDepartment shall verify that all abatement activities have been certified by a qualified environmental professional. ADMINISTRATIVE ) 09/24/13 ( fied Complete.doc - 13 - 24 - a report , MMRP_Final 9 \\ rdous materials are Implementing Procedure HFG207ZV \\ The project sponsor shall ensure that hazardous building materials surveys are conducted prior to demolition and that all hazaabated in accordance with existing regulations. The project sponsor shall submit to the Cityprepared by a qualienvironmental professional, that documents the completion of all abatement activities. - Content.Outlook \\ 2a). - e, and Temporary Internet Files \\ based paint shall - terials building Windows \\ Microsoft \\ nvironmental Local \\ Mitigation Measure 3: Hazardous building materials AppData \\ - piug \\ Users \\ removal can be incorporated into the ESMP (Mitigation Measure HAZHAZsurveys shall be conducted by a qualified and licensed professional for all structures, not previously inspected or abated, proposed for demolition or renovation at the project site. ACM shall be included in the hazardous masurveys for buildings constructed prior to 1981. Leadbe included in all hazardous material surveys. All loose and peeling leadbased paint and ACM shall be abated by certified contractor(s) in accordance with local, Statfederal requirements. All other hazardous materials, such as from buildings prior to demolition in accordance with DOSH regulations. The completion of the abatement activities shall be documented by a qualified eprofessional(s) and submitted to the City of Cupertino prior to the issuance of construction and demolition permits. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 40 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: G AND REPORTING PR 1 - APPLE CAMPUS 2 PROJE 2. - Timing he event that the See Mitigation Measures HAZand HAZ Prior to entering into a street improvement agreement, including providing funding for Caltrans, or bonds or other surety to guarantee the improvement, the project sponsor shall have plans approved by the City and Caltrans. In tproject sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, sufficient progress has not been made with the responsible agency, MITIGATION MONITORIN 2. - ible Party/ DRAFT o implement this 1 and HAZ ResponsMonitoring Action - See Mitigation Measures HAZ The Public Works Department shall review plans for the mitigation measure. and facilitate discussions with Caltrans in order tmeasure. ADMINISTRATIVE ) - 09/24/13 ( 2. 1, Complete.doc -- - 13 - 24 - MMRP_Final 9 \\ 1 and HAZ - nstruct the mitigation Implementing Procedure HFG207ZV \\ See Mitigation Measures HAZThe project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval from Caltrans, and, if approved, shall implement Mitigation Measure TRANS1. The project sponsor shall provide detailed construction plans and shall comeasure, or shall provide funding to Caltrans adequate for the design and construction of the improvement. Content.Outlook \\ 280 t an - turn - 2. - r. However, Temporary Internet Files \\ d HAZ Windows \\ 1 an - Microsoft \\ Local tation of the proposed \\ turn and dual right Mitigation Measure 1: As part of the project, the -able. TRANSPORTATION AND CIRCULATION - ramp intersection is under - 4: Implement Mitigation AppData men \\ - piug \\ Users \\ HAZMeasures HAZ I.TRANSproject sponsor shall construcadditional westbound lane at intersection #21 Wolfe Road/INorthbound Ramps to provide for dual leftlanes. With the additional lane, the intersection would operate at acceptable LOS B (17.1 seconds) during the AM peak houthe offCaltrans jurisdiction. Therefore, neither the project sponsor nor the City of Cupertino can ensure the implemitigation measure; thus the impact is considered significant and unavoid LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 41 CT EIR OGRAM Date Signature Completed/ Date: Signature: . G AND REPORTING PR APPLE CAMPUS 2 PROJE ign t subject to , Timing the funding shall be held in escrow in lieu of the desand construction of the mitigation measurethe requirements of Government Code Section 66001(d)Prior to entering into a street improvemenagreement , including bonds or other surety to guarantee the improvements, the project sponsor shall have plans approved by the City. MITIGATION MONITORIN 3. - 1 and BIO ible Party/ - DRAFT ResponsMonitoring Action Public Works TheDepartment shall review and approve plans. In addition, the City shall verify that trees affected by construction of the measure are mitigated in accordance with Mitigation Measures BIO ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall submit detailed construction plans prepared in accordance with the requirements of the City of Cupertino for the construction of the mitigation measure and construct the mitigation measure. - Content.Outlook \\ Temporary Internet Files \\ Windows \\ ugh lane (for a total mitigation measure ondary impacts Microsoft \\ turn lane, one through Local - \\ Mitigation Measure 2: At intersection #31 Tantau - AppData \\ piug \\ Users \\ TRANSAvenue/Vallco Parkway, the project sponsor shall construct an exclusive northbound throof one leftlane, and one shared through/rightturn lane), and a receiving lane on the north side of the intersection which would improve intersection operations to acceptable LOS C (26.1 seconds). The proposedcould have secondary impacts to the trees along the east side of Tantau Avenue. The roadway would need to be widened to the east, to provide for a bike lane to the right of the travel lane and the sidewalk adjacent to the bike lane. Sec LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 42 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR lara APPLE CAMPUS 2 PROJE In the Timing Prior to entering into a street improvement agreement with the City of Cupertino, the project sponsor shall have plans approved by the City of Santa Cand provide a financial guarantee for the mitigation measure. event that the project sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best MITIGATION MONITORIN ible Party/ DRAFT nd facilitate ResponsMonitoring Action The Public Works Department shall review plans for the mitigation measure adiscussions with Caltrans and the City of Santa Clara in order to implement this measure. ADMINISTRATIVE ) 09/24/13 ( 3, Complete.doc - - 13 - 24 - ther (1) the 3. The project - ed, shall implement MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval from Caltrans and the City of Santa Clara, and, if approvMitigation Measure TRANSsponsor shall provide detailed construction plans and construct the mitigation measure, or shall provide funding to the City of Santa Clara (up to a maximum of $550,820) to design and construct eiidentified mitigation measure or; (2) an alternate improvement which would - Content.Outlook \\ 280 - nsor 3 in Section - Temporary Internet Files \\ ing streetlight, Windows \\ turn lane (for a total - 1 and BIO Microsoft \\ - Local \\ Mitigation Measure s these potential secondary 3: At intersection #36 Stevens - AppData turn overlap phase. This would \\ - added lane the existing buffer piug \\ Users \\ associated with the removal of trees that are protected under the City of Ordinance could occur with the identified mitigation measure. Impacts BIOV.D, Biological Resources in DEIR addresseimpacts.TR ANSCreek Boulevard/Calvert Drive/IRamps (west), the project sposhall construct an exclusive eastbound rightof three through lanes and one rightturn lane) and provide an eastbound rightimprove intersection operations to acceptable LOS E+. To accommodate the between the roadway and sidewalk would need to be eliminated and the sidewalk pushed closer to the existing fence on the south side of Stevens Creek Boulevard. This mitigation measure would also require relocation of an existfire hydrant, and utility pole. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 43 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE will not City of Timing quirements of ified mitigation efforts, the Santa Clara approve the identmeasure, then the project sponsor shall provide the maximum funding to the City of Cupertino to be held in escrow until an alternate improvement satisfactory to the Public Works Department is approved, subject to the reGovernment Code Section 66001(d). The funds will be released to the responsible agency once the project is approved and programmed, with any excess funds returned to the MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ mitigate the impact to the satisfaction of the City of Department. Content.Outlook \\ 280 Ramp - Temporary Internet Files \\ ra and Caltrans Windows \\ Microsoft \\ Local \\ Mitigation Measure AppData \\ rovement would be constructed. piug \\ Users \\ This intersection is a CMP intersection and is located within the City of Santa Clara. It is also under Caltrans jurisdiction. The project sponsor would be required to coordinate with the City of Santa Clato construct the identified physical improvement at the Stevens Creek Boulevard/Calvert Drive/I(west) intersection. Since this intersection is outside of the City of cannot guarantee that the impFor this reason the impact would remain significant and unavoidable. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 44 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: 1. - G AND REPORTING PR APPLE CAMPUS 2 PROJE rety to Timing project sponsor.Prior to entering into a street improvement agreement, including bonds or other suguarantee the mitigation measure, the project sponsor shall have plans approved by the City.See Mitigation Measure TRANS MITIGATION MONITORIN 3. - ible Party/ DRAFT 1. - ResponsMonitoring Action 1 and BIO - tigation measure. In The Public Works Department shall review and approve plans for the miaddition, the City shall verify that trees affected by construction of the measure are mitigated in accordance with Mitigation Measures BIOSee Mitigation Measure TRANS ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - 1. - MMRP_Final 9 \\ mit detailed Implementing Procedure HFG207ZV \\ The project sponsor shall subconstruction plans prepared in accordance with the requirements of the City of Cupertino for the construction of the mitigation measure and construct the mitigation measure.See Mitigation Measure TRANS a 1 - Content.Outlook \\ turn - turn lane - Temporary Internet Files \\ turn lanes, three - Windows \\ considered an Microsoft \\ Local \\ 3 in Section V.D, Biological Mitigation Measure 4: At intersection #5 De Anz5: At intersection #21 Wolfe - -- 280 Northbound Ramps, the - AppData \\ ld occur. Trees are protected piug \\ Users \\ TRANSBoulevard/Homestead Road the project sponsor shall construct an exclusive southbound right(for a total of two leftthrough lanes, and one rightlane) which would improve intersection operations to LOS E+. Although still unacceptable LOS based on measure would improve operations over Background No Project Conditions. With the mitigation measure identified above, secondary impacts associated with the removal of trees couProtection Ordinance. Impacts BIOand BIOResources addresses these potential secondary impacts related to potential tree removal.TRANSRoad/Ip roject sponsor shall implement LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 45 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE entering Timing Prior to into a street improvement agreement, including bonds or other surety to guarantee the mitigation measure, the project sponsor shall have plans approved by the City. MITIGATION MONITORIN 3. - ible Party/ DRAFT ResponsMonitoring Action 1 and BIO - The Public Works Department shall review and approve plans for the mitigation measure. In addition, the City shall verify that trees affected by construction of the measure are mitigated in accordance with Mitigation Measures BIO ADMINISTRATIVE ) 3. - 09/24/13 ( Complete.doc - 13 - 1 and BIO 24 -- MMRP_Final 9 \\ cordance with the Implementing Procedure HFG207ZV \\ The project sponsor shall submit detailed construction plans prepared in acrequirements of the City of Cupertino for the mitigation measure. The project sponsor shall construct the mitigation measure. For any protected trees that are affected, the project sponsor shall implement Mitigation Measures BIO Content.Outlook \\ (52.6 - turn 1 - - bound Temporary Internet Files \\ can ensure the and right Windows ramp intersection is - \\ - turn lane), which ramp), which would - tersection #27 Tantau - turn lane, two - Microsoft \\ Local \\ dual left Mitigation Measure 6: At in - AppData turn lane from eastbound \\ ound right - piug \\ Users \\ Mitigation Measure TRANS(provide lanes on the offimprove intersection operations to acceptable LOS B (18.0 seconds). However, the offunder Caltrans jurisdiction. Therefore, neither the applicant nor the City of Cupertino implementation of the proposed mitigation measure; thus the impact is considered significant and unavoidable.TRANSAvenue/Homestead Road the project sponsor shall construct an exclusive rightHomestead Road to southTantau Avenue (for a total of one eastbound lefteastbound through lanes, and one eastbwould improve intersection operations to acceptable LOS Dseconds). With the mitigation measure identified above, secondary impacts associated with the removal of trees LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 46 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature:Date: 2. - G AND REPORTING PR APPLE CAMPUS 2 PROJE ion Timing cluding bonds or See MitigatMeasure TRANSPrior to entering into a street improvement agreement, inother surety to guarantee the mitigation measure, the project sponsor shall have plans approved by the City. MITIGATION MONITORIN ible Party/ DRAFT 2.9a: The Public Works -- ResponsMonitoring Action See Mitigation Measure TRANSThe Public Works Department shall review and approve plans for the mitigation measure.TRANSDepartment shall review ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - of the City of 2. 9a The project -- MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ See Mitigation Measure TRANSThe project sponsor shall submit detailed construction plans prepared in accordance with the requirements Cupertino for the construction of the mitigation measure and construct the mitigation measure.TRANSsponsor shall provide - 1 - Content.Outlook d \\ turn - way, project - of - Temporary Internet Files \\ Windows 2 (add exclusive \\ - Microsoft \\ At intersection #36 Local \\ 3 in Section V.D, Biological Mitigation Measure 7: At intersection #31 Tantau 8: At intersection #32 Tantau 9a: - --- AppData turn lane), with associated \\ - turn lanes and one southboun piug - \\ Users \\ could occur. Trees are protected under the City oProtection Ordinance. Impacts BIOand BIOResources addresses these potential secondary impacts related to potential tree removal.TRANSAvenue/Vallco Parkway, the sponsor shall implement Mitigation Measure TRANSnorthbound through lane), which would improve intersection operations to acceptable LOS C (28.7 seconds).TRANSAvenue/Stevens Creek Boulevard, the project sponsor shall construct a 100foot exclusive southbound rightlane (for a total of two southbound leftrightimprovements in the rightwhich would improve intersection operations to acceptable LOS D (46.8 seconds).TRANSStevens Creek Boulevard/Calvert LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 47 CT EIR OGRAM Date Signature Completed/ Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE sor shall will not City of In the itigation 9a: Prior to - Timing TRANSentering into a street improvement agreement with the City of Cupertino, the project sponsor shall have plans approved by the City of Santa Clara and provide a financial guarantee for the mmeasures. event that the project sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, the Santa Claraapprove the identified mitigation measure, then the project sponprovide the maximum funding to the City of MITIGATION MONITORIN - ment approved - ible Party/ collect vehicle DRAFT the trip rates 447 of the Draft EIR - ent City nitoring tasks, as week period. The 9b:The Community - - ResponsMonitoring Action portation planning/ plans for the mitigation measures and facilitate discussions with the City of Santa Clara to implement this measure. TRANSDevelopment Departshall undertake the following TDM mosummarized below (refer to pages 441for additional detail): (1) The City shall retain, at the independtransengineering firm to, on an annual basis,counts for all project driveways and/or parking facilities over a 2report shall primarily identify whether the project is generating more than 4,270 AM peak hour trips and 4,400 PM peak hour trips, but shall also report expressed as AM and PM ADMINISTRATIVE ) - 09/24/13 ( - e City Complete.doc - 13 - 24 - nt. 9b: The project - MMRP_Final 9 \\ ded Project TDM native mode partic the identified mitigation esign and construct either Implementing Procedure HFG207ZV \\ detailed construction plans and shall construct the mitigation measure, or shall provide funding to thof Santa Clara (up to a maximum of $1,531,288) to d(1) measure or; (2) an alternate improvement which would mitigate the impact to the satisfaction of the City of Departme TRANSsponsor shall implement an expanded TDM Program that results in a 34 percent alteripation rate, as summarized below (refer to pages 441447 of the Draft EIR for additional detail):Expan442 of the Draft EIR. (2) Starting 6 months after Content.Outlook \\ 38.6 280 Ramps - turn lane with Temporary Internet Files \\ with - D+ d traffic signal to Windows 3 (add exclusive \\ - turn lane), which - the impact per the TDM Microsoft \\ ll implement Mitigation actuate - Local \\ Mitigation Measure 9b: The project sponsor shall 280 Ramps (west), the project - would improve intersection - AppData \\ piug \\ erate unacceptably. Providing a Users \\ Drive/Isponsor shaMeasure TRANSeastbound rightwould improve intersection operations to 112.2 seconds (LOS F). However, the Stevens Creek Boulevard/Calvert Drive/I(west) intersection would continue to opchannelized free righta third eastbound receiving lane on the connector link between Stevens Creek Boulevard and Lawrence Expressway, for a distance of approximately 1,250 feet including a pedestrianallow for protected pedestrian crossings to the pedestrian refuge island, operations to LOS seconds of delay. TRANSexpand the TDM program to reduce the severity ofProgram Expansion subsection. Increasing the TDM participation and associated alternative mode share from 28 percent to 34 percent would LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 48 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE of the 9b: - Timing Cupertino to be held in escrow until an alternate improvement satisfactory to the Public Works Department is approved, subject to the requirements of Government Code Section 66001(d).The funds will be released to the responsible agency once the project is approved and programmed, with any excess funds returned to the project sponsor. TRANSThe Community Development Department shall conduct annual monitoring for the first 10 years - MITIGATION MONITORIN - - dentify ent City ible Party/ tion of new TDM 4,270 AM peak DRAFT hour vehicle trips l assess the project - up monitoring shall be - ResponsMonitoring Action peak hour vehicle trips per employee. The City shall review and approve this report. (2) If AM or PM peak hour trips counts are exceeded, the City shall notify and meet with the project sponsor to develop a plan and inew TDM measures to achieve the peak hour trip counts. Followconducted within 60 days of implementameasures. (3) If the project sponsor does not agree to implement Cityapproved TDM measures, the City shalsponsor a $5 per day trip penalty (indexed to the Consumer price Index) for all trips above hour vehicle trips and 4,400 PM peakduring the monitoring period.(4) If the project sponsor agrees to implemapproved TDM measures and ADMINISTRATIVE ) for 09/24/13 ( of , no th Complete.doc - 13 - 24 provide an - , on the site, and /contract the project ees ing the specific TDM MMRP_Final 9 \\ hour vehicle trips and - s) are exceeded, the Implementing Procedure HFG207ZV \\ occupancy of Phase 1, later than February 15each year,sponsor shallannual report to the Citythe prior calendar yeardescribmeasures that are being implemented, the number of employemployeesthe success of the measures expressed in AM and PM peak hour vehicle trips and vehicle trips per employee. The annual report shall alsoinclude data on Apple transit ridership, public transit ridership, cycling/walking volumes, and carpool volumes. (3) If one or both of the AM and PM peak hour vehicle trip counts (i.e., 4,720 AM peak4,400 PM peak hour vehicle tripproject sponsor shall meet Content.Outlook \\ - tion of than ld not - Temporary Internet Files \\ Windows \\ tions to LOS F (142.8 Microsoft \\ Local \\ trip reduction is achieved. Mitigation Measure 3; however it wou - AppData \\ piug \\ Users \\ improve operaseconds) without implementaTRANSreduce the impact to a lesssignificant level. A robust monitoring program has been identified in the TDM Program Expansion subsection and shall be required to ensure that this TDM program mitigation measure is implemented and that the requiredDetails of the TDM program are discussed in the TDM Program Expansion subsection. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 49 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR - APPLE CAMPUS 2 PROJE eing Timing project. If in the last 3 years of the 10year period the peak hour trip counts are not exceeded, monitoring shall be conducted every other year. However, if any monitoring reports for the last 3 years indicate that the peak hour trips counts are bexceeded, monitoring shall be conducted on an annual basis until the peak hour trip counts have not been exceeded for three consecutive annual reports. MITIGATION MONITORIN - rovement wide - ible Party/ tion of new TDM 4,270 AM peak DRAFT hour vehicle trips r price Index) for all - up monitoring - ResponsMonitoring Action follow(conducted within 60 days of implementameasures) indicates that peak hour trip counts are still exceeded, the City shall assess Apple a $3 per day trip penalty (indexed to the Consumetrips above hour vehicle trips and 4,400 PM peakduring the reporting period. (5) Trip penalty fees collected by the City shall be used to provide for Cityimplementation of TDM programs and impof bike and pedestrian facilities. ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - ent TDM measures lemented by the MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ with the City to develop a plan and implement new TDM measures (including 443 of the Draft EIR) to meet the required trip counts. These TDM measures shall be impproject sponsor within 60 days of being notified by the City that the peak hour trip counts are being exceeded.(4) If one or both of the AM and PM peak hour vehicle trip counts are not exceeded, the project sponsor shall continue to implemto maintain that compliance. (5) If, even after implementation of new TDM measures, the AM and PM peak hour vehicle trip counts are exceeded, the project sponsor shall meet with the City to reevaluate the plan and Content.Outlook \\ Temporary Internet Files \\ Windows \\ Microsoft \\ Local \\ Mitigation Measure AppData \\ piug \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 50 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to entering into a street improvement agreement with the City of Cupertino, the project sponsor MITIGATION MONITORIN the ible Party/ DRAFT tion of the mitigation ResponsMonitoring Action The Public Works Department shall review plans for construcmeasure, and facilitate discussions with VTA andCity of Santa Clara in order to ADMINISTRATIVE ) 09/24/13 ( 10, Complete.doc - - 13 - 24 - 9b, including the - es to meet the MMRP_Final 9 \\ ts of Mitigation Measure Implementing Procedure HFG207ZV \\ implement new TDM measurrequired trip counts. These TDM measures shall be implemented by the project sponsor within 60 days of being notified by the City that the peak hour trip counts continue to be exceeded.(6) The project sponsor shall pay annual monitoring cosTRANScost to conduct monitoring and City staff time to review the annual monitoring reports. (7) The project sponsor shall pay all fees associated with exceedances of the AM and PM peak hour vehicle trip counts.The project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval from the City of Santa Clara, and, if approved, shall - Content.Outlook \\ turn - - Temporary Internet Files \\ Windows \\ st) the project sponsor Microsoft \\ Local \\ Mitigation Measure 10: At intersection #40 - AppData \\ piug \\ Users \\ TRANSStevens Creek Boulevard/Lawrence Expressway (eashall construct a northbound leftlane (for a total of two exclusive leftturn lanes, one shared left LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 51 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE will not City of In the ponsor shall Timing he mitigation shall have plans approved by the City of Santa Clara and provide a financial guarantee for tmeasure. event that the project sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, the Santa Claraapprove the identified mitigation measure, then the project sprovide the maximum funding to the City of Cupertino to be held in escrow until an alternate improvement satisfactory to the MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action implement this measure. ADMINISTRATIVE ) 09/24/13 ( lternate 10.The Complete.doc - - 13 - 24 - sor shall MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ implement Mitigation Measure TRANSproject sponprovide detailed construction plans and shall construct the mitigation measure, or shall provide funding to the City of Santa Clara (up to a maximum of $1,276,601) to design and construct either (1) the identified mitigation measure or; (2) an aimprovement which would mitigate the impact to the satisfaction of the City of Department. rd. Content.Outlook ble \\ Temporary Internet Files \\ turn lane. Windows - \\ turn lane) from - Microsoft \\ vard/Lawrence Local \\ onal left mprovement at the Stevens Mitigation Measure AppData \\ piug \\ mpact would remain significant and Users \\ turn/through lane, and shared through/rightnorthbound Lawrence Expressway to westbound Stevens Creek BoulevaThis mitigation would improve intersection operations to LOS D (49.7 seconds). This improvement is physically feasible; however, it would require the construction of a retaining wall and modifications to the eastbound approach to accommodate the additi This intersection is a CMP intersection located within the City of Santa Clara. The project sponsor would be required to coordinate with VTA, City of Santa Clara, and other responsiagencies to construct the identified physical iCreek BouleExpressway Ramps (east) intersection. Since this intersection is jurisdiction, the City cannot guarantee that the improvement would be constructed. For this reason the iunavoidable. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 52 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE d). In the Timing a and provide a Public Works Department is approved, subject to the requirements of Government Code Section 66001(The funds will be released to the responsible agency once the project is approved and programmed, with any excess funds returned to the project sponsor.Prior to entering into a street improvement agreement with the City of Cupertino, the project sponsor shall have plans approved by the County of Santa Clarfinancial guarantee for the mitigation measure. event that the MITIGATION MONITORIN of tion ible Party/ DRAFT ResponsMonitoring Action The Public Works Department shall review plans for the mitigation measure and facilitate discussions with Caltrans, VTA, and the County of Santa Clara in order to implement this measure. In addition, the City shall verify that all provisionsthe Streambed AlteraAgreement are met prior to and during construction of the improvement. ADMINISTRATIVE ) 09/24/13 ( f Santa 1, 1. The Complete.doc - -- 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval from the County oClara, and, if approved, shall implement Mitigation Measure TRANSproject sponsor shall provide detailed construction plans and shall construct the mitigation measure, or shall provide funding to the County of Content.Outlook \\ turn - oject 280 - Temporary Internet Files \\ Windows \\ turn/through lane, one - Microsoft \\ Local \\ Mitigation Measure 11: At intersection #41 -280, since Calvert Road would - AppData \\ piug \\ Users \\ TRANSLawrence Expressway/ISouthbound Ramps, the prsponsor shall construct an exclusive eastbound through lane (for a total of one shared leftthrough lane, and one rightlane), which would improve intersection operations to acceptable LOS E+ (56.9 seconds). The mitigationmeasure would require the construction of a new retaining wall along Ineed to be curved to properly align LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 53 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE will County uirements of Timing fied mitigation project sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, the of Santa Claranot approve the identimeasure, then the project sponsor shall provide the maximum funding to the City of Cupertino to be held in escrow until an alternate improvement satisfactory to the Public Works Department is approved, subject to the reqGovernment Code Section 66001(d). The funds will be released to the MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( ment of Complete.doc - 13 - 24 - $2,923,074) to ambed Alteration ry permit. MMRP_Final 9 \\ ment from the ment or other Implementing Procedure HFG207ZV \\ Santa Clara (up to a maximum ofdesign and construct either (1) the identified mitigation measure or; (2) an alternate improvement which would mitigate the impact to the satisfaction of the City of Department.The project sponsor shall seek a StreAgreeCalifornia DepartFish and Wildlife (CDFW) and any other applicable regulatory permits for creek intrusion and shall comply with all conditions identified in the Streambed Alteration Agreeregulato Content.Outlook e -\\ - way of - - of 280 - - dening the Temporary Internet Files \\ Windows \\ Microsoft \\ jurisdiction, the City Local \\ Mitigation Measure er, the measure would require AppData \\ piug \\ Users \\ with two receiving lanes at the onramp. There is existing rightto accommodate this mitigation measure. Howevwidening the existing bridge that crosses the creek running parallel to the west side of Lawrence Expressway. The widening would cause secondary impacts to the creek. Potential secondary impacts to the creek associated with wiexisting bridge as a traffic mitigation measure are addressed in Section V.D, Biological Resources. This intersection is a CMP intersection on a County expressway and portions are likely within Caltrans rightway. The project sponsor would brequired to coordinate with VTA, the County of Santa Clara, and other responsible agencies to construct the identified physical improvement at the Lawrence Expressway/IRamps intersection. Since this intersection is outside of the City of cannot guarantee that it would be LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 54 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: 4.9b. -- G AND REPORTING PR APPLE CAMPUS 2 PROJE 13c shall be - Timing responsible agency once the project is approved and programmed, with any excess funds returned to the project sponsor.See Mitigation Measure TRANSSee Mitigation Measure TRANS The funding for implementation of TRANS MITIGATION MONITORIN ible Party/ DRAFT 4.9b. -- ResponsMonitoring Action Mitigation Measure See TRANSSee Mitigation Measure TRANS The Public Works Department shall develop plans implementing an ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - 4. 9b. -- MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ See Mitigation Measure TRANSSee Mitigation Measure TRANS The project sponsor shall provide $50,000 towards the implementation of d Content.Outlook \\ ble at the Temporary Internet Files \\ Windows \\ Microsoft \\ : The project sponsor shall Local \\ Mitigation Measure 12: At intersection #5 De 4 (add exclusive southbound 13b --- 13a: No feasible measure. - Boulevard/Homestead Road AppData turn lane), which would \\ - piug \\ Users \\ constructed. For this reason the impact would remain significant and unavoidable.TRANSAnza intersection, the project sponsor shall implement Mitigation Measure TRANSrightimprove intersection operations to LOS E+ (58.9 seconds). Though LOS E+ is not considered accepta#5 De Anza Boulevard/ Homestead Road intersection, the LOS would improve to better operating conditions than under the Cumulative No Project scenario and the impact would be considered less than significant.TRAN TRANSexpand the TDM program to reduce the severity of the impact. Increasing the TDM participation and associate LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 55 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: 1. - G AND REPORTING PR APPLE CAMPUS 2 PROJE a street RANS Timing provided prior to entering into improvement agreement.See Mitigation Measure TPrior to entering into a street MITIGATION MONITORIN ible Party/ DRAFT 1. velop plans per the - ResponsMonitoring Action adaptive traffic signal system along De Anza Boulevard, shall collect $50,000 from the project sponsor, and shall implement the improvement.See Mitigation Measure TRANSThe Public Works Department shall de ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - 13c. The funding 1. -- MMRP_Final 9 \\ ty of Cupertino. Implementing Procedure HFG207ZV \\ Mitigation Measure TRANSshall be provided to the CiSee Mitigation Measure TRANSThe project sponsor shall pay a pro rata share to Content.Outlook \\ - not turn 1 - - adaptive than - - tion Temporary Internet Files share \\ - significant level. - and right Windows - \\ than shall implement - Microsoft \\ : The project sponsor shall c ow Drive. Implementation Local $50,000 fair \\ ptive traffic signal system Mitigation Measure 1314: At intersection ##21 Wolfe 15: The project sponsor shall --- 280 Northbound Ramps, the improve intersec - ions, however it would AppData ada \\ piug \\ Users \\ alternative mode share from 28 percent to 34 percent would improve operations to LOS E (62.1 seconds); however the increase in TDM participation would not reduce the impact to a less TRANSprovide acontribution towards the implementation of a traffictraffic signal system along De Anza Boulevard between Homestead Road and Rainbof an wouldoperatreduce the impact to a lesssignificant level.TRANSRoad/Iproject sponsorMitigation Measure TRANS(provide dual leftlanes), which would improve intersection operations to acceptable LOS B (18.1 seconds).TRANScontribute a pro rata share to modify LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 56 CT EIR OGRAM Date Signature Completed/ Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing reement. improvement ag MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action mitigation measure, determine the pro rata share to modify the traffic signal operations, collect pro rata funding from the project sponsor, and shall implement the mitigation measure. ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ implement the mitigation measure, pursuant to the requirements of the City of Cupertino. - Content.Outlook \\ Field turn - turn - turn arrow - Temporary Internet Files \\ turn/through - turn lanes. turns at the - - Windows \\ turns shall also be - Microsoft \\ Wolfe Road intersection to Local \\ southbound left Mitigation Measure d two right that both the Wolfe Road/Vallco AppData turn movement, which would \\ - piug \\ Users \\ the traffic signal operations to provide an overlap phase for the westbound rightprovide for a green rightwhile themovement has its green time. Southbound Uprohibited. To accommodate the overlap phase the geometries at the westbound approach would be modified to provide one leftlane, one shared leftlane, anProviding a westbound overlap phase could have secondary impacts, since southbound vehicles wanting to travel northbound would have to travel to the Stevens Creek Boulevard/access northbound Wolfe Road. observations were conducted to determine the existing percentage of vehicles making Uintersections. The field data was used to estimate the impact of diverting Uturns from Vallco Parkway to Stevens Creek Boulevard. The LOS results showParkway (42.4 seconds and LOS D) LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 57 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature:Date: Signature: 6.2.8. --- G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing See Mitigation Measure TRANSSee Mitigation Measure TRANSSee Mitigation Measure TRANS MITIGATION MONITORIN ible Party/ DRAFT 6.2.8. --- tigation Measure ResponsMonitoring Action See Mitigation Measure TRANSSee Mitigation Measure TRANSSee MiTRANS ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - 6. 2. 8. --- MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ See Mitigation Measure TRANSSee Mitigation Measure TRANSSee Mitigation Measure TRANS Content.Outlook \\ - (52.6 - D 2 Tantau 8 (add turn - - section. Temporary Internet Files \\ Windows 6 (add exclusive 2 (add exclusive \\ -- turn lane), which - significant level. - Microsoft \\ Local \\ Mitigation Measure than 16: At intersection #27 Tantau 17: At intersection #31 Tantau 18: At intersection #3 - --- AppData \\ piug \\ Users \\ and Stevens Creek Boulevard/Wolfe Road intersections (49.9 seconds and LOS D) would operate acceptably with the proposed southbound Uturn restrictions at the Wolfe Road/Vallco Parkway interThe project impact would be reduced to a lessTRANSAvenue/Homestead Road, the project sponsor shall implement Mitigation Measure TRANSeastbound rightwould improve intersection operations to acceptable LOS seconds).TRANSAvenue/Vallco Parkway, the project sponsor shall implement Mitigation Measure TRANSnorthbound through lane), which would improve intersection operations to LOS C (28.7 seconds).TRANSAvenue/Stevens Creek Boulevard, the project sponsor shall implement Mitigation Measure TRANSexclusive southbound rightlane), which would improve LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 58 CT EIR OGRAM Date Signature Completed/ Date: Signature: 9a. - G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing See Mitigation Measure TRANS MITIGATION MONITORIN ible Party/ DRAFT 9a. - ResponsMonitoring Action See Mitigation Measure TRANS ADMINISTRATIVE ) 09/24/13 ( 9a, 119a. See Complete.doc - -- 13 - 24 - 9a. - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval from the City of Santa Clara, and, if approved, shall implement Mitigation Measure TRANSMitigation Measure TRANS - - Content.Outlook \\ than - Temporary Internet Files \\ Windows 9a). Increasing the 9a; however the \\ -- Microsoft The project sponsor shall \\ Local \\ s to LOS F (145.8 seconds) Mitigation Measure 19a: 9a (add free eastbound right19b: The project sponsor shall ). --- AppData \\ piug \\ Users \\ intersection operations to LOS D (49.4 seconds).TRANSimplement Mitigation Measure TRANSturn lane), which would improve intersection operations to LOS D (41.5 seconds TRANSexpand the TDM program to reduce the severity of the impact (Mitigation Measure TRANSTDM participation and associated alternative mode share from 28 percent to 34 percent would improve operationwithout implementation of Mitigation Measure TRANSincrease in TDM participation would not reduce the impact to a lesssignificant level. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 59 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature:Date: Signature: 10. 11. -- G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing See Mitigation Measure TRANSSee Mitigation Measure TRANSPrior to the entering into a street improvement agreement with the MITIGATION MONITORIN ible Party/ DRAFT tion Measure 10. 11. -- ResponsMonitoring Action See MitigaTRANSSee Mitigation Measure TRANSThe Public Works Department shall ensure the fair share payment is submitted to VTA and shall ADMINISTRATIVE ) 09/24/13 ( 22, Complete.doc - - 13 - 24 - 10. 11. -- MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ See Mitigation Measure TRANSSee Mitigation Measure TRANSThe project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval Content.Outlook \\ 11 (add - 280 Ramps, - Temporary Internet Files \\ (52.3 seconds). - Windows 10 (add exclusive \\ - turn lane), which - r intersection #40 improve intersection Microsoft \\ Local \\ Mitigation Measure 20: Fo21: For intersection #41 22: The project sponsor shall --- AppData \\ piug \\ nce this intersection is outside of the Users \\ TRANSStevens Creek Boulevard/Lawrence Expressway Ramps (east), the project sponsor shall implement Mitigation Measure TRANSnorthbound leftwould improve intersection operations to LOS DSiCity cannot guarantee that the improvement would be constructed. For this reason the impact would remain significant and unavoidable.TRANSLawrence Expressway/Ithe project sponsor shall implement Mitigation Measure TRANSexclusive eastbound through lane), which wouldoperations to acceptable LOS E+ (58.3 seconds). Since this intersection is jurisdiction, the impact would remain significant and unavoidable.TRANSpay a $1,292,215 fair share contribution towards planned transportation projects that would LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 60 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing City of Cupertino. - MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ovements identified in work with VTA to implement the transportation imprMitigation Measure TRANS22. ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - tion projects. 22.The project - ion Measure MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ from VTA, and, if approved, shall implement MitigatTRANSsponsor shall pay $1,292,215 to VTA towards planned transporta . - Content.Outlook \\ 280 - and tation nd I Temporary Internet Files \\ ment of the Windows the Express Lane, \\ pant vehicles to Microsoft \\ 280 corridor or a parallel - Local iminating the existing I\\ Mitigation Measure AppData \\ piug \\ Users \\ improve traffic operations of the impacted freeway segments and provide added transporcapacity on parallel facilities: (1) SR 85 Express Lane project (converting the existing HOV lane to a toll lane to allow single occudrive in the HOV lane for a fee) between Mountain View and San Jose; (2) elbottleneck on southboubetween El Monte RoadMagdelena Avenue; and (3) either the Bus Rapid Transit (BRT) stations proposed within Cupertino, or an alternative improvement or study towards the improveimpactedcorridor that would provide capacityThe fair share contribution amount was calculated in consultation with contribution to project growth on the impacted freeway segment. It is unlikely thatBRT or alternative project would be implemented prior to project completion and that these improve LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 61 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing g, building, or Prior to issuance of a gradinoccupancy permit;Prior to entering into a street improvementagreement, including bonds or other surety to guarantee the mitigation measure, the project sponsor shall have plans approved by the MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action turn exit lanes. - The Community Development Department and Public Works Department shall review and approve plans for the two leftThe Public Works Department shall review and approve plans for the mitigation measure. ADMINISTRATIVE ) ll 09/24/13 ( Complete.doc - turn exit 13 - - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall revise the project plans to include two leftlanes. The project sponsor shall provide detailed construction plans and shaconstruct the mitigation measure, or shall provide adequate funding for design and construction of the mitigation measure. Content.Outlook \\ of gation bound - Temporary Internet Files \\ 280 northbound - Windows \\ Microsoft \\ lane lane change in order - Local \\ significant level. In addition, Mitigation Measure - 23: At the main project 24: The project sponsor shall -- lane. AppData turn lane at the Tantau \\ - than - piug ramp since there would be, at \\ - Users \\ ments would reduce the impact to a lessthe City has no control over the implementation of these mitimeasures; therefore the impact to the freeway segments would remain significant and unavoidable.TRANSdriveway on Wolfe Road, the project sponsor shall reduce the number left turn lanes from three to two. This would reduce the weaving on southbound Wolfe Road between the driveway and the Ionmost, a onefor drivers to align themselves to the correctTRANSprovide a dedicated southrightAvenue/Vallco Parkway intersection. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 62 CT EIR OGRAM Date Signature Completed/ Date: Signature: will G AND REPORTING PR APPLE CAMPUS 2 PROJE In the m funding Caltrans Timing asure. City.Prior to entering into a street improvement agreement with the City of Cupertino, the project sponsor shall have plans approved by the City which includes bonds or other surety to guarantee the mitigation meevent that the project sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, not approve the identified mitigation measure, then the project sponsor shall provide the maximuto the City of MITIGATION MONITORIN ns and ible Party/ DRAFT ResponsMonitoring Action The Public Works Department shall review plans for the mitigation measure and facilitate discussions with CaltraVTA in order to implement this measure. ADMINISTRATIVE ) 09/24/13 ( 25, Complete.doc - - 13 - 24 - easure or; (2) 25. The project - MMRP_Final 9 \\ Implementing Procedure HFG207ZV pproved, shall implement \\ The project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval from Caltrans, and, if aMitigation Measure TRANSsponsor shall provide detailed construction plans and shall construct the mitigation measure, or shall provide adequate funding to design and construct either (1) the identified mitigation man alternate improvement which would mitigate the impact to the satisfaction of Public Works Department. Content.Outlook \\ ramp - ate two 280 off - Temporary Internet Files \\ Windows \\ ramp is under - ino cannot ensure the Microsoft \\ Local \\ Mitigation Measure 25: The project sponsor shall - AppData \\ piug \\ Users \\ TRANSwiden the northbound Iat Wolfe Road to accommodlanes. The project sponsor would need to work with City staff, VTA, and Caltrans to plan, design and construct the widening with all funding provided by the project sponsor. The offCaltrans jurisdiction. Therefore, the City of Cupertimplementation of the proposed mitigation measure; thus the impact is considered significant and unavoidable. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 63 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE to the Timing Cupertino to be held in escrow until an alternate improvement satisfactory to the Public Works Department is approved, subject to the requirements of Government Code Section 66001(d). The funds will be released responsible agency once the project is approved and programmed, with any excess funds returned to the project sponsor.Prior to entering into a street improvement agreement, including bonds or other surety to guarantee the mitigation measure, MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action measure. The Public Works Department shall review plans for the mitigation measure and facilitate discussions with Caltrans and VTA in order to implement this ADMINISTRATIVE ) 09/24/13 ( 26, Complete.doc - - 13 - 24 asure - 26. The project - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall diligently pursue Mitigation Measure TRANSincluding seeking approval from Caltrans, and, if approved, shall implement Mitigation MeTRANS Content.Outlook \\ ramp - 280 off - Temporary Internet Files \\ Windows \\ Microsoft \\ Local \\ Mitigation Measure 26: The project sponsor shall - The project sponsor would AppData \\ piug \\ Users \\ TRANSwiden the southbound Iat Wolfe Road to accommodate two lanes.need to work with City staff, VTA, and Caltrans to plan, design, and construct the widening with all funding provided by the project LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 64 CT EIR OGRAM Date Signature Completed/ will G AND REPORTING PR APPLE CAMPUS 2 PROJE Caltrans Timing In the event ernate the project sponsor shall have plans approved by the City. that the project sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, not approve the identified mitigation measure, then the project sponsor shall provide the maximum funding to the City of Cupertino to be held in escrow until an altimprovement satisfactory to the Public Works Department is approved, subject to the requirements of MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( nt Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ sponsor shall provide detailed construction plans and shall construct the mitigation measure, or shall provide adequate funding to design and construct either (1) the identified mitigation measure or; (2) an alternate improvemewhich would mitigate the impact to the satisfaction of Public Works Department. - - Content.Outlook \\ ld likely Temporary Internet Files \\ Windows \\ of the proposed Microsoft \\ Local \\ Mitigation Measure AppData \\ ramp is under Caltrans piug \\ - Users \\ sponsor. Widening of the freeway offramp to accommodate a second offramp lane and shoulder wourequire the removal of existing landscaping in front of the soundwall. The feasibility of this mitigation measure cannot be assured and the offjurisdiction. Therefore, the City of Cupertino cannot ensure the implementationmitigation measure and the impact is considered significant and unavoidable. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 65 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE d, with nt Timing Government Code Section 66001(d). The funds will be released to the responsible agency once the project is approved and programmeany excess funds returned to the project sponsor.Prior to entering into a street improvement agreement, including bonds or other surety to guarantee the mitigation measure, the project sponsor shall have plans approved by the City.Prior to entering into a street improvemeagreement, including bonds or other surety to MITIGATION MONITORIN help hat the street ible Party/ DRAFT verify t ResponsMonitoring Action The Public Works Department shall facilitate these discussions and shall improvement plans reflect the mitigation measure adopted. The Public Works Department shall review and approve detailed plans for the mitigation measure. ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - the closure of MMRP_Final 9 \\ hernmost driveway he project sponsor shall Implementing Procedure HFG207ZV \\ The project sponsor shall implementvehicular access to the sout(Wolfe Road), based on City facilitation between the Cupertino Village property owner and project sponsor. Tsubmit detailed plans for the mitigation measure and construct the mitigation measure. Content.Outlook \\ - than - Temporary Internet Files \\ Windows \\ Microsoft \\ Local to the Cupertino Village \\ Mitigation Measure 27: The southernmost 28: To lessen the impact the -- AppData \\ be closed. With this mitigation piug \\ Users \\ TRANSdrivewayshallthe impact would be lesssignificant. TRANSpedestrian push button. Additionally, the project shall install a high visibility crosswalk (i.e., with ladder LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 66 CT EIR OGRAM Date Signature Completed/ Date: Signature: will G AND REPORTING PR ure, APPLE CAMPUS 2 PROJE Caltrans Timing In the event guarantee the mitigation measure, the project sponsor shall have plans approved by the City.Prior to entering into a street improvement agreement, including bonds or other surety to guarantee the mitigation measthe project sponsor shall have plans approved by the City. that the project sponsor can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, not approve the MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action The Public Works Department shall review plans for the mitigation measure. and facilitate discussions with Caltrans in order to implement this measure. ADMINISTRATIVE ) - 09/24/13 ( ll 29, Complete.doc - - 13 - 24 - MMRP_Final 9 \\ sure, or shall provide Implementing Procedure HFG207ZV \\ The project sponsor shadiligently pursue Mitigation Measure TRANSincluding seeking approval from Caltrans, and, if approved, shall implement Mitigation Measure TRANS29. The project sponsor shall provide detailed construction plans and shall construct the mitigation meafunding to Caltrans adequate to design and construct either (1) the identified mitigation measure or; (2) an alternate improvement which would mitigate the impact to the satisfaction of the Public Works Department. Content.Outlook \\ - 80 2 - than - 280 Temporary Internet Files \\ - ramp, the project 280 southbound - - Windows \\ to an industry standard Microsoft \\ he east leg of the Wolfe ramp; - Local \\ ally, for the I Mitigation Measure 29: To enhance the pedestrian signing the ramp to move the - AppData \\ piug Replacing existing fence on overcrossing with one that has better transparency;Trimming and maintaining vegetation on northwest corner of the Wolfe Road/Iloop onRede \\ Users \\ striping) at tRoad/Project Access intersection to help make the crosswalk more prominent. These treatments would lessen the impact, but would not mitigate the impact to a lesssignificant level as pedestrian access would still be impeded.TRANSenvironment and lessen the pedestrian impact at the six Iramps with Wolfe Road, the project sponsor shall provide enhanced crosswalks at all ramp crosswalks. Additionsouthbound loop onsponsor shall design, construct, and fund the following to improve the sight distance of 250 feet for a 35 mph roadway include: LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 67 CT EIR OGRAM Date Signature Completed/ Date: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing rnment Code easure, then the identified mitigation mproject sponsor shall provide the maximum funding to the City of Cupertino to be held in escrow until an alternate improvement satisfactory to the Public Works Department is approved, subject to the requirements of GoveSection 66001(d). The funds will be released to the responsible agency once the project is approved and programmed, with any excess funds returned to the project sponsor.Prior to entering into a street MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action The Public Works Department shall review ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ The project sponsor shall submit detailed plans Content.Outlook \\ mes ramp is - Temporary Internet Files \\ significant level, - Windows ops along Wolfe \\ than - Microsoft \\ Local \\ Mitigation Measure 30: The project sponsor shall - AppData \\ piug crosswalk further north; and Adding a pavement legend to indicate pedestrian crossing. \\ Users \\ The treatments would lessen the impact, but would not mitigate the impact to a lessas the increased vehicular voluwould still exist. Further, the feasibility of this mitigation measure cannot be assured as the onunder Caltrans jurisdiction. Therefore, the City of Cupertino cannot ensure the implementation of the mitigation measure.TRANSupgrade transit st LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 68 CT EIR OGRAM Date Signature Completed/ Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing improvement agreement, including bonds or other surety to guarantee the mitigation measure, the project sponsor shall have plans approved by the City. MITIGATION MONITORIN and ible Party/ ement this . DRAFT ResponsMonitoring Action plans to implmitigation measure facilitate discussions with VTA in order to implement this measure ADMINISTRATIVE ) 09/24/13 ( , it . The design - Complete.doc etween - 13 - 24 - ek Boulevard MMRP_Final 9 ed in accordance \\ e approval of the Implementing Procedure HFG207ZV \\ preparwith the requirements of VTA and the City of Cupertino for the development of transit stops along Wolfe Road between Stevens Creek Boulevard and Homestead Road, on Vallco Parkway between Wolfe Road and Tantau Avenue, and on Tantau Avenue bStevens Creand Homestead Roadproject sponsor shall provide standard VTA shelters as shown in the approved plans. If the project sponsor opts to provide enhancedshelters with amenitiesshall provide a plan subject to thDirector of Public Works and the VTA and shall fund the maintenance of the transit stops. At any time, the project sponsor may replace the shelters with Content.Outlook \\ Temporary Internet Files \\ Windows \\ Microsoft \\ Local \\ Mitigation Measure AppData \\ piug \\ Users \\ Road between Stevens Creek Boulevard and Homestead Road, on Vallco Parkway between Wolfe Road and Tantau Avenue, and on Tantau Avenue between Stevens Creek Boulevard and Homestead Road. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 69 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature:Date: Signature: 2 2 -- G AND REPORTING PR APPLE CAMPUS 2 PROJE 3.3. -- Timing See Mitigation Measures PLANand PLANSee Mitigation Measures PLANand PLANNo implementing/monitoring procedure MITIGATION MONITORIN 3.3. -- ible Party/ DRAFT 2 and PLAN2 and PLAN -- ResponsMonitoring Action See Mitigation Measures PLANSee Mitigation Measures PLANNo implementing/monitoring procedure required. ADMINISTRATIVE ) 09/24/13 ( 3. 3. -- Complete.doc - 13 - 24 - elters are 2 and PLAN2 and PLAN MMRP_Final 9 \\ -- Implementing Procedure ee Mitigation Measures HFG207ZV \\ standard VTA shelters at subject to the approval of VTA. If shreplaced with standard VTA shelters, the sponsor would not be required to maintain them. SPLANSee Mitigation Measures PLANNo implementing/monitoring procedure required. Content.Outlook \\ 3. The - 3. The - LAN Temporary Internet Files \\ sed as part of the Windows \\ 2 and P - 2 and PLAN - Microsoft \\ Local \\ significant level as the significant level as the Mitigation Measure -- 31: Implement Mitigation 32: Implement Mitigation 33: There are no feasible --- use paths and the pedestrian use paths and bicycle AppData \\ -- thanthan -- piug \\ Users \\ TRANSMeasures PLANmultiimprovements proposed as part of the project would lessen the impact, but would not mitigate the impact to a lesselimination of existing pedestrian facilities would still occur.TRANSMeasure PLANmultiimprovements propoproject would lessen the impact, but would not mitigate the impact to a lesselimination of existing bicycle facilities would still occur.TRANSmitigation measures to restore transit access to Route 81 for The Hamptons LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 70 CT EIR OGRAM Date Signature Completed/ Date: Signature: Date: Signature:Date: Signature: 32. 9b. -- G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing required.See Mitigation Measure TRANSSee Mitigation Measure TRANS Prior to the issuance of grading, building, or occupancy permits and periodically during project construction activities. MITIGATION MONITORIN 1 - the ible Party/ DRAFT 32. 9b. -- ResponsMonitoring Action See Mitigation Measure TRANSSee Mitigation Measure TRANS The Community Development Department shall:(1) Review the project construction plans and verify that the provisions listed in Mitigation Measure NOIare included.(2) Review and approve all construction truck routes.(3) Maintain the name and contact information for noise disturbance coordinator on file throughout the ADMINISTRATIVE ) 1. - 09/24/13 ( fies Complete.doc - struction 13 - 24 - 32. 9b. ment plan for City -- MMRP_Final 9 \\ igation Measure NOI Implementing Procedure HFG207ZV \\ See Mitigation Measure TRANSSee Mitigation Measure TRANS The project sponsor shall ensure the following measures are undertaken prior to the initiation of construction: (1) Construct sound walls along the project property lines, as specified in Mit(2) Submit a conmanagereview, which identiconstruction site layout (trailers, storage of - Content.Outlook \\ - foot high - than - Temporary Internet Files \\ Windows 32 would lessen the 9b. \\ -- sight from the single - icant level. of - Microsoft \\ Local mporary sound wall shall \\ t site during all demolition signif Mitigation Measure - 34: There are no mitigation 35: Implement Mitigation -- dable. A tebe constructed along the eastern project property line to block the line AppData \\ 1: The project sponsor shall than - NOISE - piug The project sponsor shall ensure the construction of a 15temporary sound wall along the sensitive land uses. \\ o Users \\ residents, therefore the impact is considered significant and unavoiTRANSmeasures to reduce the impact to a lessImplementation of Mitigation Measure TRANSimpact, but not to a lesssignificant level.TRANSMeasure TRANS J.NOIimplement the following measures at the projecand construction activities, subject to the approval of the City: LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 71 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ise ible Party/ DRAFT ResponsMonitoring Action construction period, and ensure that the contact is accessible to residents and local employees.(4) Conduct periodic site inspections throughout the construction period to ensure that appropriate noreduction measures are implemented on the site. ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - truck routes, and lemented during all MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ materials, pedestrian paths), construction routes, and noise reduction measures to be impdemolition and construction activities. (3) Designate a noise disturbance coordinator to receive and resolve noise complaints throughout the construction period, and provide the name and contact information to the City. l be Content.Outlook \\ - ties ll be set tion areas in The Hamptons This sound Temporary Internet Files \\ Windows \\ sight fromsight from the single Microsoft \\ -- ofof Local \\ -- structed along the northern Mitigation Measure family residential land uses on Howard Drive and Meadow Avenue to project construction areas on the east side of North Tantau Avenue.wall shall be set back from the property line as much as feasible to still allow for project construction activities to occur. A temporary sound wall shall be constructed along the southern project property line to block the lineto project constructhe southwest portion of the project site. This sound wall shall be set back from the property line as much as feasible to still allow for project construction activities to occur.A temporary sound wall shalconproject property line to block the linefamily residential propernorth of East Homestead Road to project construction areas in the northern portion of the project site. This sound wall sha AppData \\ piug \\ oo Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 72 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ - tained ble for Temporary Internet Files \\ nstruction noise. Windows \\ Microsoft \\ quality noise muffling and ter of the construction site - Local \\ Mitigation Measure ould be properly main back from the property line as much as feasible to still allow for project construction activities to occur.The project contractor shall ensure that all construction equipment has appropriate highabatement devices, which wand used at all times such equipment is in operation.AppData \\ piug The project contractor shall designate a construction liaison that shall be responsiresponding to any local complaints about coThe liaison shall determine the cause of the noise complaints (e.g., starting too early, bad muffler) and institute reasonable measures to correct the problem. A telephone number for the liaison shall be conspicuously posted at the perimeand provided to all adjacent property owners prior to commencement of construction. The project contractor shall, to the \\ o Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 73 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ generating - Temporary Internet Files \\ between the hours Windows \\ Microsoft \\ Local \\ or. A Noise Variance may be Mitigation Measure project site. Construction activities, other than street construction, shall be prohibited on holidays, unless AppData \\ piug extent feasible, place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest theExterior project noiseconstruction activities (i.e., grading, construction and demolition) shall be permitted within 750 feet of any residentially zoned property only between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, and of 9:00 a.m. and 6:00 p.m. on weekends. No such work shall be permitted on holidays (i.e., New Independence Day, Labor Day, Thanksgiving Day, Christmas Day), except as approved by the Community Development Directobtained from the Noise Control Officer for each occurrence of specific temporary construction activities. \\ o Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 74 CT EIR OGRAM Date Signature Completed/ Date: Signature:Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to entering into a street improvement agreement, including bonds or other surety to guarantee the mitigation measure, the project sponsor shall have plans approved by the City. Prior to the issuance of grading, building, or occupancy permits and periodically during project construction activities. MITIGATION MONITORIN ible Party/ 1 are - DRAFT rify that the air ResponsMonitoring Action maintain this pavement. The Public Works Department shall verify that the repaving has been undertaken on the identified roadway segments. The City shall The Community Development Department shall vepollution control measures identified in Mitigation Measure AIRincorporated into project construction plans. In addition, the City shall conduct periodic site ADMINISTRATIVE ) 2 - 09/24/13 ( Complete.doc - 13 - 24 - 1 are O or similar - ntified in - ment, or MMRP_Final 9 tion Measure NOI\\ AND SUSTAINABILITY Implementing Procedure HFG207ZV \\ The project sponsor shall resurface the roadway segments ideMitigawith RHMAquiet pavereimburse the City for the cost of doing so. The project sponsorshall ensure that the air pollution control measures identified in Mitigation Measure AIRincorporated into the construction plans for the project and implemented at the project site. Content.Outlook \\ 280 - dway O or similar Temporary Internet Files - \\ Windows \\ Microsoft \\ Local \\ Mitigation Measure GREENHOUSE GAS EMISSIONS they meet the City of Cmaximum permissible noise level standards.AppData \\ 2: The project sponsor shall fications for the project: 1: Consistent with guidance from - - AIR QUALITY piug East Homestead Road, from North Wolfe Road to North Tantau Avenue; andNorth Wolfe Road, from Pruneridge Avenue to the Inorthbound ramps.All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. \\ Users \\ NOIresurface the following roasegments with RHMAquiet pavement:K.There are no significant Greenhouse Gas Emissions or Sustainability impacts.L.AIRthe BAAQMD, the following actions shall be required in relevant construction contracts and speci LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 75 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN on period air ible Party/ DRAFT ResponsMonitoring Action inspections throughout the construction period to ensure that constructipollution control measures are being implemented at the project site. ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ - out Content.Outlook \\ - iles Temporary Internet Files \\ Windows \\ covered. l be minimized either by Microsoft \\ Local \\ Mitigation Measure AppData \\ hall be provided for construction piug All haul trucks transporting soil, sand, or other loose material offsite shall be All visible mud or dirt trackedonto 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 vehicle speeds on unpaved roads shall be limited to 15 mper hour (mph).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. Construction equipment idling times shalshutting equipment off when not in use or reducing the maximum idling time to 2 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations \[CCR\]). Clear signage sworkers at all access points. \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 76 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ Content.Outlook \\ Temporary Internet Files \\ Windows \\ Microsoft \\ e corrective action within Local \\ Mitigation Measure be running in proper condition AppData \\ piug All construction equipment shall be maintained and properly tuned in accordance with the equipment shall be checked by a certified mechanic and determined toprior to operation.The project applicant shall post a publicly visible sign with the telephone number and person to contact at the City of Cupertino regarding dust complaints. This person shall respond to complaints and taknumber shall also be visible to ensure compliance with applicable regulations. All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or a moisture probe.All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph. \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 77 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ - - Content.Outlook \\ le 3: Temporary Internet Files \\ Windows \\ that offer dust Microsoft \\ Local same area at any one time tion, grading, and ground \\ Mitigation Measure bags or other erosion control AppData \\ piug Vegetative ground cover (e.g., fastgerminating native grass seed) or other plants mitigation measures shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.The simultaneous occurrence of excavadisturbing construction activities on theshall be limited. To the extent feasible, activities shall be phased to reduce the amount of disturbed surfaces at any one time.All trucks and equipment, including their tires, shall be washed off prior to leaving the site.Sandmeasures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.Use low volatile organic compound (i.e., ROG) coatings beyond the local requirements (i.e., Regulation 8, Ru \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 78 CT EIR OGRAM Date Signature Completed/ G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing MITIGATION MONITORIN ible Party/ DRAFT ResponsMonitoring Action ADMINISTRATIVE ) 09/24/13 ( Complete.doc - 13 - 24 - MMRP_Final 9 \\ Implementing Procedure HFG207ZV \\ - Content.Outlook \\ road - Temporary Internet Files \\ Windows \\ ons. Equipment that road equipment used sion standards, and - Microsoft \\ Local \\ Mitigation Measure ntractors shall use equipment -AppData \\ piug Architectural Coatings).To the maximum extent feasible, all construction equipment, diesel trucks, and generators shall be equipped with Best Available Control Technology for emission reductions of NOx and PM. To the maximum extent feasible, all cocertification standard for offheavy duty diesel engines.Excluding the following equipment, ensure that all dieselpowered offonexhaust emisthat engines are equipped with Diesel Emission Control particulate filters) or are certified matter emissiexhaust emission standards but will not be equipped with \\ Users \\ LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 79 CT EIR OGRAM e: Date Signature Completed/ Date: SignaturDate: Signature:Date: Signature: 9b. - G AND REPORTING PR 1 and APPLE CAMPUS 2 PROJE - 1. - Timing 2 - permits. See Mitigation Measure TRANSSee Mitigation Measures AIRAIRSee Mitigation Measure AIR Prior to the issuance of grading, building,or - - MITIGATION MONITORIN ible Party/ DRAFT 2 - 9b. - ResponsMonitoring Action See Mitigation Measure TRANSSee Mitigation Measures AIR1 and AIRSee Mitigation Measure AIR1. The Community Development Department shall review the construction ADMINISTRATIVE ) 09/24/13 ( such Complete.doc - 13 2. - - 24 - 9b. - MMRP_Final 9 \\ 1 and AIR1. In addition, the -- Implementing Procedure HFG207ZV \\ See Mitigation Measure TRANSSee Mitigation Measures AIRSee Mitigation Measure AIRproject sponsor shall design material staging roads that they are set back from the curb by at least 65 feet 1 - Content.Outlook \\ asure ure AIR 2. - Temporary Internet Files \\ Windows \\ 1 and AIR 657G - Microsoft \\ Local \\ Mitigation Measure 9b (which requires Apple to - Scrapers 623GScrapers 633BFour of the six proposed Scrapers AppData \\ 2: Implement Mitigation Me3: Implement Mitigation 4: The project sponsor shall --- ooo piug be limited to:Ensure that trucks used at the site to haul material and/or soil are model year 2007 or newer (or meet equivalent U.S. EPA emission standards). Require all aerial and personnel lifts less than 50 horsepower to be fueled with natural gas or propane.To the maximum extent feasible, material staging roads shall be set back from the curb by at least 65 \\ Users \\ AIRTRANSexpand its TDM Program and increase the reduction in peak hour trips from 28 percent to 34 percent).AIRMeasures AIRAIRimplement Mitigation Measand the following additional measure: LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 80 CT EIR OGRAM Date Signature Completed/ Date: Signature: G AND REPORTING PR APPLE CAMPUS 2 PROJE Timing Prior to entering into a street improvement agreement, including bonds or other surety to guarantee the mitigation measure, the project sponsor shall have plans approved by the City. MITIGATION MONITORIN 1. ible Party/ - DRAFT e set back from the fied in Mitigation ResponsMonitoring Action plans for the project and verify that material staging roads arcurb by at least 65 feet, where feasible, or another location approved by the City following a demonstration of why 65 feet is not feasible. The Public Works Department shall verify that signal preemption signals are installed at the intersections identiMeasure PSU ADMINISTRATIVE ) 09/24/13 ( tion Complete.doc - 13 - 24 1 or provide - - MMRP_Final 9 \\ ls at the intersections Implementing Procedure HFG207ZV \\ to the maximum extent feasible.The project sponsor shall install signal preemption signaidentified in MitigaMeasure PSUpayment to the City to allow for the installation of such signals. Content.Outlook \\ - e Temporary Internet Files \\ Windows \\ Microsoft \\ dge Avenue Local \\ Mitigation Measure PUBLIC SERVICES AND UTILITIES AppData \\ 1: The project sponsor shall - piug feet.North Blaney Avenue and East Homestead RoadNorth Tantau Avenue and East Homestead RoadNorth Tantau Avenue and PruneriNorth Tantau Avenue and Vallco ParkwayNorth Tantau Avenue and Project Entrance \\ Users \\ M.PSUimplement signal preemption signals at the following intersections (identified by the City and SCCFD as the ones most likely to be used by emergency vehicles accessing thproject site). The signal preemption signals would allow emergency vehicles to pass through approximately 30 seconds before arrival. LSA ASSOCIATES, INC.SEPTEMBER 2013 C: 81 CT EIR OGRAM Date Signature Completed/ Date: Signature: 1 - G AND REPORTING PR APPLE CAMPUS 2 PROJE 3. - Timing See Mitigation Measures PLANand PLAN MITIGATION MONITORIN 3. - ible Party/ DRAFT 1 and PLAN - ResponsMonitoring Action See Mitigation Measures PLAN ADMINISTRATIVE ) 09/24/13 ( 3. - Complete.doc - 13 - 24 - 1 and PLAN MMRP_Final 9 \\ - Implementing Procedure HFG207ZV \\ See Mitigation Measures PLAN Content.Outlook \\ 3. - 280 (two - Temporary Internet Files \\ itigation Windows \\ 1 and PLAN - Microsoft \\ Local \\ Mitigation Measure AppData \\ 2: Implement M - piug North Wolfe Road and Pruneridge AvenueNorth Wolfe Road and Project EntranceNorth Wolfe Road and East Homestead RoadNorth Wolfe Road and Iinterchanges)North Wolfe Road and Vallco ParkwayStevens Creek Boulevard and Perimeter RoadStevens Creek Boulevard and Finch AvenueStevens Creek Boulevard and Tantau AvenueHeron Avenue and East Homestead Road \\ Users \\ PSUMeasures PLAN LSA ASSOCIATES, INC.SEPTEMBER 2013 C: LSA ASSOCIATES, INC.APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 MITIGATION MONITORING AND REPORTING PROGRAM This page intentionally left blank. C:\\Users\\piug\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\HFG207ZV\\MMRP_Final 9-24-13-Complete.doc (09/24/13) ADMINISTRATIVE DRAFT 82 EXHIBIT DP-1a 0 22 270404905 223517645600 Type Total by (2) 36" boxes(2) 48" boxes(2) 60" boxes(2) 72" boxes(2) 84" boxes(2) 96" boxes Replacement Requirement* (2) 108" boxes(2) 120" boxes 1000000 1 156" Box 2000000 2 144" Box Required Replacements for Tree Trans Existing Transplant4-8" DBH8.1-12" DBH12.1 - 16" DBH16.1 - 20" DBH20.1 - 24" DBH24.1 - 28" DBH28.1 - 32" DBH32.1 - 36" DBH*Native & low water usage species to be determine in consultation with City Arborist. SPECIMEN 7000100 8 132" Box 000000 74 74 120" Box 00100 18 156 175 108" Box 89 11182672 X-LARGE 4422 040 501617 272 359 48" Box 96" Box 455424 692815 000 7518 36" Box234112 439 84" Box 1522 LARGE 190815903535 60 307768 165300 646 24" Box 72" Box 500 15 474189233 916 60" Box Total Replacement Trees Required 00 2723 221367100 738 48" Box MEDIUM Required # of Replacement Trees(Per City of Cupertino Requirements per Chapter 14.18) # Removed x 1 48" Box Tree # Removed x 1 24" Box Tree# Removed x 1 24" Box Tree # Removed x 1 48" Box Tree # Removed x 2 24" Box Trees # Removed x 2 24" Box Tree# Removed x 1 48" Box Tree# Removed x 1 36" Box Tree # Removed x 1 48" Box Tree# Removed x 1 48" Box Tree# Removed x 1 36" Box Tree # Removed x 1 36" Box Tree# Removed x 1 48" Box Tree 3000 7130 200 304 36" Box 0000 6,200 minimum required per MM BIO-3 198255525 978 24" Box SMALL } 89 111115114518542426 795815692755104 19081931 3616 00 30307090 428402 960 218800600 464044225600 7090 15 GAL SAPLING Type of Tree Tree Replacement Worksheet Total Trees to Be Removed Trees with DBH = 0 per tree surveyTotal DBH 0" - 12" stndTotal DBH 0" - 12" multi Total DBH 0" - 12" Specimen (Stnd + Multi)Total DBH 12.1" - 18" stnd Total DBH 12.1" - 18" multiTotal DBH 12.1" - 18" Specimen (Stnd + Multi)Total DBH 18.1" - 36" stdTotal DBH 18.1" - 36" multiTotal DBH 18.1" - 36" Specimen (Stnd + Multi)Total DBH 36.1" + stdTotal DBH 36.1" + Multi Total DBH 18.1" - 36" Specimen (Stnd + Multi)Total Trees To Be RemovedMINIMUM # OF REPLACEMENT TREES BY TYPE Tree Size Evergreen OaksDeciduous OaksNon-Oak Deciduous TreesOlivesConifersUnderstory TreesFruit Trees Total by Size Minimum Total Replacement Trees(24" box or greater)Total Replacement Trees RequiredExcess Replacement TreesTrees will be planted at much larger sizes than required. Total Proposed Trees:Existing to RemainTransplantTrees listed above (per planting plan)Fruit Trees (per planting plan)TOTAL Exhibit DP-1b Attachment to MMRP TDM Program Expansion. Apple is proposing to expand its TDM program and increase its alternative mode share (percentage of employees traveling to the site via walking, bicycling, riding in private shuttle or public transit vehicles, or ridesharing) from the existing 28 percent. A target of 34 percent at full buildout has been identified as a reasonable target because it is considered aggressive but achievable for office developments in suburban locations greater than ½ mile from a rail station. While higher alternative mode share rates have been established for a few corporate campuses, these higher rates have generally been in areas more urban than Cupertino where there is a higher density of transit facilities. The TDM target would be measured at the peak commute hours, when roadways are most congested. Project impacts at intersections and freeway segments can be mitigated by increasing the facility’s capacity through physical improvements or by reducing the amount of added project traffic through TDM measures. At locations where there are no feasible physical mitigation measures to reduce identified impacts to less-than-significant levels, the alternative mode share increase (and associated vehicle trip reduction) to 34 percent can reduce the severity of the impact. In addition to reducing the severity of intersection and freeway impacts, the TDM program expansion was also utilized in the evaluation of the site’s parking demand and associated parking supply. The City evaluated the feasibility of a mitigation measure requiring a “trip cap.” Under a trip cap, once development of the project site generates trip volumes that exceed AM and PM peak-hour values for triggering impacts to the transportation system, continued development and growth at the project site would be halted. A trip cap was rejected as infeasible because it would conflict with a key project objective of consolidating Apple’s engineer and support personnel in one location. In addition, such a trip cap would limit employment growth on the site, which would be undesirable to Apple and the City for economic reasons and would conflict with a key project objective of developing a campus that can accommodate 14,200 employees. Instead, “peak trip counts” are established as the goals that would drive the full implementation of TDM measures in order to reduce physical impacts on the transportation system. Peak trip counts, which would be established for the AM and PM peak hours of adjacent street traffic, would help determine if more robust TDM measures are required to reduce project traffic. In this way, peak trip counts are used to establish mitigation and monitoring measures that address the project’s impact on the transportation system while allowing for planned growth within the site as part of the project. Details of Mitigation Measure TRANS-9b. As part of Mitigation Measure TRANS-9b, Apple would be required to expand its TDM program to achieve a 34 percent (i.e., a 6 percentage point peak hour trip reduction) alternative mode participation rate and associated peak trip counts at full buildout and occupancy of 14,200 employees. The details of the implementation of Mitigation Measure TRANS-9b are discussed in this section. The TDM program expansion component of Mitigation Measure TRANS-9b includes some or all of the elements listed below. These elements include: (1) new TDM measures already proposed to be added as part of the project, including TDM measures already implemented by Apple under existing conditions that would be expanded as part of the project; and (2) additional measures. New and Expanded Project TDM Measures. The following measures are new or expanded measures that would be implemented as part of the project. Existing measures are presented in Table V.I-6. Apple Transit. Expand Apple coach service areas and frequency, and provide priority drop- off locations for transit users. Participation in Apple transit shall be measured and reported in real time, with the goal of increasing mode share from 12 percent to 15 percent; Mass Transit Shuttle Links. Expand Apple shuttle services to include connections to future high-capacity corridors such as VTA BRT lines, electrified Caltrain lines, and Santa Clara BART extensions. The goal is to exceed the baseline 1-2 percent public transit mode share; Off Campus Bicycle Infrastructure. Improve off-campus bicycle infrastructure, including: bike lanes, bike paths, high-visibility striping, bike boxes at key intersections and other features to encourage safe cycling to and from the site. Strive to increase bicycle mode share from 2 percent to 5 percent; Campus Walking/Cycling Commutes. Prioritize walking and cycling to the site for those employees who live closest to the campus by providing more convenient pedestrian and bicyclist access to the Main Building, providing bike lockers closest to the entrances of the Main Building, and increasing the distance between on-site parking and work space (i.e., by accommodating much of the project parking underground or in structures, at a distance from work space). Since the majority of proposed parking is not adjacent to office and laboratory space, it is anticipated that the commute time for those employees in a 0-5-mile radius of the project site would be less by bike and foot, than by car; Transit Center. Provide a Transit Center with an information desk for employees to retrieve maps and information on alternative commute options. The information desk shall be easily accessible from the Main Building; Parking Monitoring System. Develop a parking monitoring system that would measure individual parking space utilization and collect data to optimize other TDM programs. For example, arrival time information shall help guide new shuttle schedules throughout the Apple transit system. The system shall complement other TDM programs by identifying open parking spaces in various zones and directing employees to the closest zone with an open space, which can help reduce on-site congestion. Some of the data collected shall be included in an annual parking utilization report submitted as part of TDM reporting; Expanded Bike-sharing Program. Apple shall provide at least 1,000 bikes within the project site to enhance mobility and promote cycling as a viable commute option; and Electric Vehicle Charging. Apple shall provide at least 300 charging spaces for electrical vehicles. Additional TDM Measures. If the measures listed above are ineffective in meeting the peak trip counts goal, Apple shall implement additional measures until the peak trip counts goal is achieved. Apple shall choose from among the following when selecting additional measures to meet the peak trip counts goal: Expand Mobile Transit Applications. Provide real-time vehicle location and seat availabil- ity for Apple transit. Integrate this information with data on fixed-route transit (including VTA and Caltrain real-time arrival/departure times), comparative travel times, and parking availability so employees have a single information source to compare travel options and make informed mode choice decisions before they leave home or work; Visibility of Transit Stops. Improve signage and visibility of transit stops on/adjacent to the project site beyond that already required by the Conditions of Approval; Increase Bicycle Awareness. Offer free clinics, classes, workshops, and other services, like a bike kitchen, to prioritize bicycle-commuting to/from the project; Flexible Work Schedule. Apple shall enable a flexible work schedule in a way that is compatible with its corporate culture. A flexible work schedule would shift trips away from the AM and PM peak periods; Rewards Program. Develop a rewards/incentive program for alternative commute partici- pants, such as free meals, car-share vouchers, products, and raffles for prizes; Reduced/Subsidized Bicycle Tune-ups. Offer free, or subsidized, bicycle tune-ups to employees who regularly commute by bicycle; Real-time Ridesharing. Introduce real-time ridesharing to commute website and mobile applications to maintain and expand the potential ride-sharing base of commuters. The goal is to increase ride-sharing participation beyond 10 percent; Telecommuting. Encourage telecommuting where business practices allow; Car-sharing. Expand the campus car-sharing fleet and offer deeper discounts for those who cycle and walk to work. Consider making the program free to further incentivize alternative commute options; Universal Transit Passes. Offer universal transit passes to all employees (i.e., Caltrain GO Pass or VTA Eco Pass); and Parking Cash-Out. Provide a parking cash-out program under which Apple provides employees with a cash allowance in lieu of a parking space. For instance, Apple could provide employees with a monthly cash benefit that is drawn down each day they use a free parking space at the project site. Other Viable TDM Measures. Other TDM measures identified in consultation with the City. TDM Program Monitoring. If the project is approved, Apple would be required to implement a TDM program that increases its non-single-occupant vehicle mode share from 28 to 34 percent at full- occupancy, resulting in an AM and PM peak-hour vehicle trip reduction of 6 percentage points. As part of Mitigation Measure TRANS-9b, a robust monitoring program would be required to ensure that this TDM program mitigation measure is implemented and that the required trip reduction is achieved. The monitoring program would be subject to review and approval by the City of Cupertino. The TDM monitoring program would start 6 months after occupancy of Phase 1. TDM monitoring shall occur over the life of the project. The TDM monitoring program shall be conducted annually for the first 10 years. If the monitoring reveals that the peak trip counts have not been exceeded in the last 3 years of the first 10 years of annual monitoring, the TDM monitoring shall be reduced to once every 2 years. However, if any biennial report reveals that the peak trip counts have been exceeded, the monitoring shall revert to annual monitoring until such times that the peak trip counts have not been exceeded for three consecutive annual reports. TDM Program Goal The goal of the program is to ensure that the TDM program reduces the amount of traffic generated by Apple Campus 2 buildings to fewer than 4,270 AM peak-hour vehicle trips and 4,400 PM peak hour vehicle trips, where peak hours are defined as the time periods on the adjacent street with the highest hourly volumes occurring during the morning and evening commute periods. The AM and PM peak hour trips represent traffic generation estimates evaluated in this EIR with an additional 6 percentage point reduction (using gross trip estimates from Table V.I-8: 4,544 AM peak hour trips x 94% = approximately 4,270 AM peak trip count; 4,686 PM peak hour trips x 94% = approximately 4,400 PM peak trip count). Monitoring Program The TDM program monitoring would consist of two main elements: (1) Summary of Implemented TDM Measures to be provided by Apple, and (2) TDM Monitoring Report to be conducted by an independent city-approved transportation planning/engineering firm. Each of these components is described below. 1.Summary of Implemented TDM Measures Apple would submit annual reports to the City describing the specific TDM measures that are being implemented, the number of employees on site, and the success of the measures expressed in AM and PM peak hour vehicle trips and vehicle trips per employee. The report and data collection would be prepared based on established measurement and monitoring guidelines created by Apple and the City prior to occupancy. To determine the effectiveness of the expanded TDM program Apple shall collect the following verifiable data and provide a report to the City (within 180 days of the date of the first certificate of occupancy) and annually thereafter: Apple Transit Ridership - Counted electronically on vehicles and visually verified at the transit center Public Transit Ridership - Counted at area VTA stops Cycling/Walking Volumes - Counted via bike/pedestrian entrances and verified using security footage or in person Carpool Volumes - Counted at entrance plazas and verified via security footage 2.TDM Monitoring Report An independent City-approved transportation planning/engineering firm would be retained by the City to collect data and present the results of the monitoring program in a written report. The data collection efforts would include vehicle counts conducted for all Apple Campus 2 driveways and/or parking facilities. Daily, hourly, and fifteen-minute period counts would be taken at the driveways and/or parking facilities over a 2-week period. Counts obtained during the three midweek weekdays (Tuesday, Wednesday, Thursday) would be averaged. The trip counts for the site driveways would be added together. Counts shall be performed between mid-February and late May (before the end of the school year and not during school holidays such as Spring Break) or between Labor Day and Thanksgiving week. Counts shall avoid days immediately before or after holidays or long weekends, and shall not be performed on days with inclement weather. Figure V.I-11 illustrates the required TDM monitoring process to evaluate the project site’s peak trip counts. If the AM and PM peak hour trip generation of Apple Campus 2 is less than 4,270 AM peak-hour vehicle trips and 4,400 PM peak-hour vehicle trips, no additional TDM measures would be required. Trip rates expressed as AM and PM peak hour vehicle trips per employee would also be reported to assess the vehicle trip-reducing effect of the measures in the current TDM program. The count results would be divided by the number of employees on site. The results would be compared to the AM peak hour rate of 0.32 vehicle trips per employee and PM peak hour rate of 0.33 vehicle trips per employee, which represent the existing 28 percent alternative mode share at the Apple Infinite Loop campus and the buildings south of Mariani Avenue. The target rates are 0.30 AM peak hour vehicle trips per employee and 0.31 PM peak hour vehicle trips per employee. However, the peak trip counts specified above will be the determining factors as to whether Apple has to implement additional TDM measures. Actions if TDM Program is Not Achieved The City would notify Apple if one or both of the AM and PM peak hour vehicle trip counts (i.e., 4,270 AM peak-hour vehicle trips and 4,400 PM peak hour vehicle trips) are exceeded, as described above. Apple would be required to meet with the City to develop a plan and identify new TDM measures to be added to achieve the peak trip counts. If Apple does not agree to implement the City approved TDM measures, then Apple would be assessed a $5 per day per trip penalty (adjusted annually starting in 2014 per the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-San Jose area) for the monitoring period. Payments of these penalties are due to the City within 30 days of issuance of an invoice with supporting documentation. The funds from these penalties would be used at the City’s discretion. Within 60 days Apple would be required to meet with the City to reevaluate and identify City-approved new TDM measure to be implemented at the project site. This cycle would continue until Apple agrees to implement City-approved TDM measures. Once Apple and the City agree on new TDM measures, Apple would implement these within 60 days of the notification date. Follow-up counts, surveys, and/or collection of parking utilization data would be conducted by an independent City-approved transportation planning/engineering firm 60 days after the new measures are implemented to evaluate the effectiveness of the new TDM plan. If the peak trip counts are still exceeded, Apple would pay a fee of $3 per day per extra vehicle trip shown in the peak trip counts (adjusted annually staring in 2014 per the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-San Jose area). The funds from these fees would be used to provide for City-wide implementation of TDM programs and improvement of bicycle and pedestrian facilities. Payments of these penalties are due to the City within 30 days of issuance of an invoice with reasonableupporting documentation. After three months, Apple would be required to meet with the City to identify City additional approved new TDM measures to be added. If Apple still is not meeting the goal during the next annual monitoring period, penalties would be continued to be levied, until the peak trip counts goal is met. Monitoring Program Funding Apple would pay the City for the annual monitoring costs including the cost to conduct monitoring and City staff time to review the annual monitoring reports. Monitoring Program Duration Annual monitoring will be conducted for the first 10 years of the project. If in the last 3 years the trip thresholds are not exceeded, the monitoring will change to an every other year cycle. However, if any biennial report reveals that the peak trip counts have been exceeded, the monitoring shall revert to annual monitoring until such times that the peak trip counts have not been exceeded for three consecutive annual reports. The project sponsor would be required to construct feasible physical mitigation measures for project- specific impacts. These may include the relocation of existing utilities, relocation and/or upgrade of existing traffic signal hardware and equipment, and other associated improvements in the rights-of- way, including but not limited to traffic signal poles and cabinets, striping of crosswalks, etc. Bqqmf!Pddvqjft!BD3!Dbnqvt 7!npouit Npojupsjoh!Efubjmt +! Npojupsjoh!Tdifevmf!gps!Mjgf!pg!Qspkfdu ‚!Boovbm!npojupsjoh!gps!gjstu!21!zfbst/ UEN!Qsphsbn!Npojupsjoh!+! ‚!Jg!jo!uif!mbtu!uisff!zfbst!pg!uif!21!zfbst-!uif!qfbl!usjq!dpvout! bsf!opu!fydffefe-!uifo!npojupsjoh!jt!fwfsz!puifs!zfbs/ ‚!Jg!npojupsjoh!sfwfbmt!uibu!Bqqmf!fydffet!uif!qfbl!usjq! dpvout-!uifo!boovbm!npojupsjoh!xjmm!sftvnf!voujm!uifz!nffu! uif!ovncfst!gps!uisff!dpotfdvujwf!npojupsjoh!qfsjpet/ Nffu!Qfbl!Usjq!Dpvout@ Ebub!Dpmmfdujpo!Qfsjpet ‚!Dpoevdu!dpvout!cfuxffo; 2!zfbs !!!!!‚!Nje.Gfcsvbsz!boe!mbuf!Nbz-!ps! !!!!!‚!Mbcps!Ebz!boe!Uibolthjwjoh!xffl ‚!Dpvout!tipvme!opu!cf!dpoevdufe!po; !!!!!‚!Boz!tdippm!ipmjebzt ZftOp !!!!!!‚!Ebzt!jnnfejbufmz!cfgpsf!pg!bgufs!ipmjebzt!ps!mpoh!xfflfoet !!!!!‚!Ebzt!xjui!jodmfnfou!xfbuifs Beejujpobm!UEN!Nfbtvsft; ‚!Dpotvmu!xjui!Djuz 231!ebzt ‚!Tfmfdu!nfbtvsft!gspn! Npojupsjoh!Qsphsbn ‚!Jnqmfnfou!nfbtvsft 7!npouit Bqqmf!Bhsfft!up!Jnqmfnfou! UEN!Nfbtvsft@ xjuijo 71!ebzt ZftOp xjuijo 71!ebzt 4!npouit Bqqmf!Qbzt!Qfobmuz Gpmmpx.Vq!Npojupsjoh %60ebz0usjq gps!npojupsjoh!qfsjpe Nffu!Qfbl!Usjq!Dpvout@ ZftOp Bqqmf!Qbzt!Gff %40ebz0usjq gps!npojupsjoh!qfsjpe Djuz!jnqmfnfout!UEN!nfbtvsft!gps!puifs! vtfst!xjuijo!Usbggjd!Dbudinfou!Bsfb SOURCE: FEHR & PEERS, APRIL 2013. I:\\COC1101 Apple Campus 2\\figures\\Fig_VI-11.ai (5/3/13) EXHIBIT DP-2 C ONDITIONS OF A PPROVAL-AB900C OMPLIANCE A PPLE C AMPUS 2P ROJECT 1.NO NET ADDITIONAL GREENHOUSE GAS EMISSIONS For the AB 900 Compliance Conditions of Approval that ensure that the project meets the no net additional greenhouse gas emissions standard, the Community Development Director may allow deviations and alterations, provided that the applicant/property owner establishes to the satisfaction of the Community Development Director that, based on substantial evidence, the project continues to meet the no net additional greenhouse gas emission standard. 2.LEED–SILVER OR EQUIVALENT Pursuant to Chapter 16.58, Green Building Standards Code Adopted, of the Cupertino Municipal Code, the project shall meet the requirements for Leadership in Energy and Environmental Design (LEED) Silver certification or an equivalent, at a minimum, as identified in the Ordinance. Apple shall develop a LEED Silver certification program plan which shall be subject to review and approval by the Director of Community Development prior to issuance of building permits. Prior to occupancy, the City will hire a third-party independent consultant, at Apple’s expense, to make a finding that Apple’s LEED program plan meets the requirements of LEED Silver and any then applicable requirement of the Governor’s Guidelines for Streamlining Judicial Review Under the California Environmental Quality Act (“Guidelines”). 3. ENERGY a. ENERGY EFFICIENCY Apple shall reduce energy use through energy-efficient green building design of lighting, heating, cooling and ventilation systems to reduce building system energy use by at least 30 percent compared to typical commercial development. Energy- efficient building systems, such as the following, shall be incorporated into the project design: high-efficiency radiant conditioning systems, light-emitting diode (LED) electric lighting, and natural ventilation. Apple shall submit an energy efficiency plan for review and approval to the Director of Community Development prior to issuance of the first building permit. Apple shall fund the cost of an independent consultant selected by the City to review and report on the energy efficiency plan so that the Director of Community Development may verify that the building design will reduce building systems energy use by at least 30 percent compared to typical commercial development. b. RENEWABLE ENERGY 100 percent of the project’s overall energy needs shall be provided by renewable energy. Based on Apple’s current proposal, Apple shall: (a) install at least 650,000 square feet of photovoltaics on building roofs and the parking garage canopy that will have a capacity of at least 12 megawatts; (b) construct at least a 6-megawatt fuel cell installation on-site that will be powered by 100-percent directed biogas; and (c) AB 900 CONDITIONS Page DP-2-2 obtainthe remainder of the project’s energy needs from the State of California Direct Access Program, off-site Apple-owned renewable energy projects or grid-purchased renewable energy. For the on-site energy production, the amount of renewable energy may be scaled to the phase of development. Apple shall acquire grid- purchased renewable energy from the following sources: (1) participation in California’s regulated Direct Access program; and (2) market purchase of renewable energy credits that are Green-e Energy certified. The specific Energy Service Providers and sources used to supply renewable energy for the project may be determined closer to the time of project completion. Apple shall submit specifications for the energy systems for review and approval to the Director of Community Development prior to issuance of building permits. The Director of Community Development may approve deviations in the design of the energy systems from those specified above provided that the applicant/property owner establishes to the satisfaction of the Community Development Director that, based on substantial evidence, the project’s overall energy needs are provided by renewable energy. Apple shall submit an annual report to the Director of Community Development by February 15th of each year documenting compliance with this renewable energy condition for the prior calendar year, including total energy use and total energy credits for the reporting period supported by documentation from Direct Access and Green-e Energy certified sources sufficient to allow the Director of Community Development to make the determination that 100 percent of the project’s overall energy needs are being provided by renewable energy. Due to the timing of the Green-e Energy certification process, which may take up to six months after the end of the calendar year, the Green-e Energy certification documentation may be provided in a supplemental filing to occur within 30 days of completion of the Green-e Energy certification process. The annual report shall indicate an approximate date of submittal for the Green-e Energy st of each year. certification documentation, which shall be no later than August 1 4. PARKING AND TRANSPORTATION In order to reduce peak hour trips, Apple shall implement an enhanced Transportation Demand Management (TDM) program as required by Mitigation Measure TRANS 9b and the details of Mitigation Measure TRANS-9b set forth in the TDM Program Expansion on pages 441-447 and Figure VI-11 of the Draft EIR, all of which are incorporated into these Conditions of Approval (see Condition 3 - MITIGATION MONITORING AND REPORTING PROGRAM in Development Permit (DP-2011-04) Resolution). 5. CONSTRUCTION a. DIRECT ACCESS For each year during the construction period, Apple shall demonstrate to the Community Development Director that it has fully offset the project construction emissions by participation in California’s Direct Access program for supplying renewable power to Apple-owned buildings located in the City. 2 AB 900 CONDITIONS Page DP-2-3 b.PHASE 1 PROJECT GHG EMISSIONS Mitigation of all Phase 1 project GHG emissions from construction shall occur contemporaneously with construction of the project. 6. ENVIRONMENTAL SUSTAINABILITY MEASURES The project shall install 300 electric vehicle charging stationson the project site. The parking lot shall also be configured to allow for up to 1,000 electric vehicle charging stations to be installed. 7. WATER SUPPLY The project shall reduce water use by 30 percent compared to typical commercial development through use of low-flow fixtures and drought-tolerant landscaping. Apple shall submit a water supply plan for review and approval by the Director of Community Development prior to building permit issuance. 8. WASTE MANAGEMENT a. OPERATIONAL WASTE DIVERSION RATE The project shall achieve and maintain a diversion rate of at least 50 percent. b. CONSTRUCTION AND DEMOLITION WASTE DIVERSION RATE A minimum of 75 percent of construction and demolition waste shall be diverted from landfills, to the satisfaction of the City. 9. BINDING AND ENFORCEABLE AGREEMENT As required by Public Resources Code Section 21182(d), the April 12, 2012 agreement between Apple, Inc., signed by SVP and Chief Financial Officer Peter Oppenheimer, and the City of Cupertino, acknowledged and agreed to by Aarti Shrivastava, Community Development Director, constitutes a binding and enforceable agreement by Apple that all mitigation measures required pursuant to the California Environmental Quality Act to certify the project under the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 shall be conditions of approval of the project, and shall be fully enforceable by the City of Cupertino or its designees; and that all adopted mitigation measures shall be monitored and enforced by the City of Cupertino on an ongoing basis for the life of the obligation to perform, implement or comply with the mitigation measures. As required by Public Resources Code Section 21183(e), the binding and enforceable agreement further provides that Apple agrees to pay the costs of the Court of Appeal in hearing and deciding any case, including payment of court costs for the appointment of a special master if deemed appropriate by the court, in a form and manner specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial Council pursuant to subdivision (f) of Section 21185 of the Public Resources Code. As required by Public Resources Code Section 21182(f), the binding and enforceable agreement also provides that Apple agrees to pay the costs of preparing the administrative record for the project concurrent with review and consideration of the project pursuant to CEQA, in a form and manner specified by the City of Cupertino for 3 AB 900 CONDITIONS Page DP-2-4 the project. Apple shall perform all obligations set forth in the April 12, 2012 binding and enforceable agreement. 4