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Reso 6727 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 13-6727 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTTNO RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE APPLE CAMPUS 2 PROJECT;AND RECOMMENDING ADOP'TION OF FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MEASURES,AND A MITIGATION MONITORING AND REPORT'ING PROGRAM SECTION I: PROjECT DESCRIPTION Application No: EA-2011-12 Applicant: Apple Inc. (Dan Whisenhunt) Property Owner: Apple Inc. Location: Area bounded by East Homestead Road,North Tantau Avenue,I-280,North Wolfe Road and includes properties located on the east side of North Tantau Avenue APN(s): 316-07-044,316-07-045,316-07-046,316-06-045,316-06-046,316-06-053,316-06-052,316-06- 048, 316-06-033, 316-06-051, 316-06-050, 316-06-049, 316-09-028, 316-09-019, 316-09-027, 316-18-035,316-18-012, 316-18-025,316-18-027, 316-18-026, 316-06-039,316-06-038 SECTION II: ENVIRONMENTAL REVIEW PROCESS WHEREAS,Apple Inc. ("Apple") submitted an application to the City of Cupertino on August 9, 2011 for General Plan Amendments,Zoning Amendments, a Development Agreement,a Vesting Tentative Map,a Conditional Use Permit,a Planned Development Permit,a Tree Removal Permit, an Architectural Site Approval, and environmental review for the Apple Campus 2 Project ("Project"), which will also involve Pruneridge Avenue Vacation and associated agreements, a Land Transfer Agreement, Utility Relocation and Easement Agreements, and a Streamside Modification Permit; and WHEREAS, the Project 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 produce on site via photovoltaic infrastructure and fuel cells),all as described in Chapter 3 of the June 2013 Apple Campus 2 Project Environmental Impact Report ("Draft EIR") (State Clearinghouse No. 2011082055), as amended by text revisions in Chapter IV of the September 2013 Apple Campus 2 Project EIR Response to Comments Document ("Response to Comments Document"); and EXHIBIT EA-1 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE APPLE CAMPUS 2 PROJECT I. INTRODUCTION The City of Cupertino (City), as lead agency under the California Environmental Quality Act(CEQA),Public Resources Code Section 21000 et seq., has prepared the Final Environmental Impact Report for the Apple Campus 2 Project(State Clearinghouse No. 2011082055) (Final EIR). The Final EIR is a project-level EIR pursuant to Section 15161 of the Guidelines for implementation of the California Environmental Quality Act(State CEQA Guidelines).�The Final EIR consists of the June 2013 Public Review Draft Apple Campus 2 Project Environmental Impact Report(Draft EIR),the September 2013 Response to Comments Document, and the October 2013 Supplemental Text Revisions, Apple Campus 2 Project Final Environmental Impact Report. In determining to approve the Apple Campus 2 Project(Project),which is described in more detail in Section II,below,the City makes and adopts the following findings of fact and statement of overriding considerations, and adopts and makes conditions of project approval the mitigation measures identified in the Final EIR, all based on substantial evidence in the whole record of this proceeding(administrative record). Pursuant to Section 15090(a) of the State CEQA Guidelines, the Final EIR was presented to the City, and the City reviewed and considered the information contained in the Final EIR prior to making the findings in Sections II through XIV,below. The conclusions presented in these findings are based on the Final EIR and other evidence in the administrative record. II. PROJECT DESCRIPTION As fully described in Section III of the Draft EIR, the Project involves the consolidation of several parcels, demolition of existing buildings,and redevelopment of the project site into a new research and development campus for Apple Inc. (Apple or project sponsor). The site currently is developed with corporate campus buildings, some of which are being used by Apple and some of which were formerly used by Hewlett Packard. The campus would be secure and self-contained and would include office, research and development space, parking,employee amenities, a Corporate Auditorium, and a Central Plant. In addition, the Project involves vacating and closing a segment of the Pruneridge Avenue public right-of- way, iricluding certain access and public service easements, to allow for the development of a secure and unified campus. As part of the Project, Apple would alter local roadways in the vicinity of the site in order to accommodate increased traffic generated by the Project. The 1 The State CEQA Guidelines are found at California Code of Regulations,Title 14,Section 15000 et seq. I-1 Project would result in the demolition of all existing structures within the project site (consisting of approximately 2,657,000 square feet of building space) and 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 reception areas and landscape maintenance buildings).The buildings would be designed to be energy efficient and to use renewable energy,much of which would be produced on-site. Apple applied to the Governor for certification of the Project as a Leadership Project pursuant to the Jobs and Economic Improvement through Environmental Leadership Act of 2011 (AB 900), California Public Resources Code Section 21178 et seq. Among other things, AB 900 requires that the Project"creates high-wage,highly skilled jobs that pay prevailing wages and living wages" and that the Project"does not result in any net additional emissions of greenhouse gases." As required by Public Resources Code section 21183(d), Apple has entered into a binding and enforceable agreement with the City that all mitigation measures for the Project shall be conditions of approval and those conditions will be fully enforceable. The California Air Resources Board certified on June 14, 2012 that the Project would not result in any net additional greenhouse gas emissions compared to baseline conditions. In June 2012, the Governor certified the Leadership Project as an eligible Project under AB 900. The Joint Legislative Budget Committee concurred with the Governor's certification on July 23, 2012.Apple supplemented its application under AB 900 in Apri12013, and on May 24, 2013, the Governor's Office of Planning and Research found the supplemental application to be consistent with Apple's original application. As set forth in Section III of the Draft EIR, the main objective of the Project is to redevelop the project site with a new,unified, and secure Apple campus. Section III lists the City's objectives and the project sponsor's objectives for development of the project site. The City's project objectives are as follows: • Encourage the retention of Apple's corporate headquarters in Cupertino within a world class corporate campus. • Allow for the expansion of Apple's operations while enhancing the physical environment of the project area and being sensitive to community needs. • Allow for the location and design of Phase 2 of the Project in a way that is sensitive to surrounding neighborhoods. • Preserve the City's existing and planned park space. • Preserve and enhance the historic integrity of Glendenning Barn and provide for its adaptive reuse and relocation. • Protect the riparian zone around Calabazas Creek. • Enhance environmental features within the project area, including stormwater quality within the City storm drain system and receiving water bodies. I-2 • Maintain consistency with Cupertino's 2000-2020 General Plan and further General Plan goals and strategies for economic development,neighborhood connectivity, and urban conservation. • Provide connections and enhance walkability/bikeability between the project site and surrounding areas,while promoting the mobility of Apple employees and the public throughout the Vallco Industrial Park and the greater region. • Improve traffic circulation, traffic volumes and level of service (LOS) through a combination of consolidation of office locations and additional TDM measures. • Increase the use of landscaping compared to paved parking and thereby enhance the urban environment, reduce impervious surfaces, and reduce storm water runoff. • Retain and improve bike and pedestrian connectivity between the project site and surrounding areas. • Avoid additional fiscal impacts to the City from the Project by cost reimbursement and the collection of fees covering the City's actual costs. • Encourage public art placed in locations visible to the public. • Increase City revenues from the Project in order to enhance the City's general fund. The project sponsor's project objectives are as follows: Primary Objectives: • Create an innovative and beautiful campus near Apple's Infinite Loop facility that consolidates many of Apple's engineers and support personnel in a single distinctive office,research and development building, and supporting facilities. The purpose of consolidation is to promote shared creativity and collaboration and spur invention of the next several generations of Apple products. • Achieve the security and privacy required for the invention of new products by eliminating any public access through the site, and protecting the perimeters against unauthorized persons. Secondary Objectives: • Maximize green space, and design this space in accordance with the climate and history of the area. • Provide on-site amenities for Apple's employees in order to promote employees'health and well-being and reduce off-campus travel. • Provide an on-site venue for the introduction of Apple's new products that will generate surprise and delight, and enable the products to be introduced at Apple's corporate home. I-3 • Create a physically unified campus community that improves internal circulation and eliminates unnecessary access points by consolidating the existing properties within one campus. • Create a campus plan that incorporates flexibility to respond to Apple's future business needs. • Achieve a net zero energy development by constructing energy-efficient buildings and generating a significant amount of the campus' energy from on-site renewable sources, and developing partnerships with renewable energy providers for grid-purchased renewable energy. • Minimize use of potable water through the use of drought-tolerant landscaping,water- efficient fixtures, and recycled water, if available as a result of projects now under consideration, and improve runoff quality by increasing permeable surfaces. • Enable a commuting culiure where thoughtful site planning and regional connectivity coupled with a robust TDM Program prioritize transit and active commute modes. • Improve traffic circulation while avoiding measures that would unduly restrict employment growth within the project site. • Exceed economic, social, and environmental sustainability goals through integrated design and development. • Enhance the City's tax base. • Create a campus that reflects Apple's business and design practices, and allows for a long-term presence in Cupertino. III. ENVIRONMENTAL REVIEW PROCESS On August 19,2011,the City issued a Notice of Preparation (NOP) of the Draft EIR. The NOP was circulated for comment by responsible and trustee agencies and the public for a total of 47 days,from August 19,2011 through October 5, 2011, during which time the City held a public scoping meeting on September 8, 2011. Public notices for the scoping session were mailed to approximately 20,000 households in Cupertino, advertisements were placed in local newspapers, and the City posted the NOP and hearing notice on the City's website. Notices were also sent to households in Santa Clara and Sunnyvale within 500 feet of the project site. Comments on the NOP were received by the City and considered during preparation of the Draft EIR. The Draft EIR was made available for public review on June 6, 2013, and distributed to local, regional, and State responsible and trustee agencies, and to federal agencies. Paper and CD copies of the Draft EIR were available at the City of Cupertino Community Development Department, and an electronic version of the Draft EIR and all appendices were posted on the City's website,which included an electronic comment portal to receive public comment 24 hours a day, seven days a week.Under AB 900, the City was also required to post the I-4 Draft EIR and all administrative record documents on the City's website. Public Resources Code��21186(b)-(f). The City continues to make these documents available on its website for the Project at the following URL:http://www.cupertino.org/index.aspx?page=1107. Notice of availabiliiy of the Draft EIR was made in several ways. The City sent a postcard announcing the availability of the Draft EIR to all mailing addresses within Cupertino and to mailing addresses within 1,000 feet of the project site.In addition, in accordance with CEQA, the City mailed the Notice of Availability(NOA)to all properties adjacent to the project site, and on-site notices were also posted on each parcel constituting the project site and at City Hall. The NOA was also posted on the City's main website and the project website. The City sent emails providing notice of the Draft EIR's availability to all persons who had indicated an interest in the Project. A press release was sent out at the same time. The City also passed out over one hundred of free USB drives that contained the Draft EIIZ and all technical appendices. In addition to the City of Cupertino's public review,notification and comment process, and as referenced in City staff reports, the City is informed that Apple has engaged in a community outreach process for Apple Campus 2 over the past two years.As part of these efforts, the City understands that Apple held more than 150 outreach meetings and presentations with over 2,000 stakeholders;conducted personal outreach with its immediate neighbors, local residents, neighborhood leaders, surrounding property owners, community organizations,businesses, government agencies, and other stakeholders in Cupertino and throughout the region; delivered regular email updates to more than 2,000 interested residents;visited over 350 Cupertino retailers and nearby businesses to share information about the new campus; and responded to more than 1,000 questions and requests for information about the new campus.The 46-day comment period on the Draft EIR ended on July 22,2013.Agencies, organizations, and members of the public submitted written comments on the Draft EIR.The City also held a public meeting during the comment period on June 26, 2013.At that meeting,the City solicited comments real time via web login, written response card,mail,email, text or recorded interview. The City has also distributed hundreds of Quick Response coded cards to the community to efficiently comment on the Project. Section 3 of the Responses to Comments Document provides responses to the comments received during the comment period on the Draft EIR. The Responses to Comments Document was issued for public review on September 23, 2013. On October 2, 2013,the City Planning Commission, at a duly noticed public hearing, recominended that the City Council certify the Final EIR. The findings, recommendations, and statement of overriding considerations set forth below (the "Findings") are made and adopted by the Cupertino City Council as the City's findings under CEQA and the CEQA Guidelines relating to the Project. The Findings provide the written analysis and conclusions of this City Council regarding the Project's environmental impacts, mitigation measures, alternatives to the Project, and the overriding considerations I-5 that support approval of the Project despite any remaining environmental effects it may have. IV. FINDINGS These findings summarize the environmental determinations of the Final EIR about project impacts before and after mitigation, and do not attempt to repeat the full analysis of each environmental impact contained in the Final EIR.Instead,these findings provide a summary description of and basis for each impact conclusion identified in the Final EIR, describe the applicable mitigation measures identified in the Final EIR, and state the City's findings and rationale about the significance of each impact following the adoption of mitigation measures.A full explanation of these environmental findings and conclusions can be found in the Final EIR, and these findings hereby incorporate by reference the discussion and analysis in the Final EIR supporting the Final EIR's determinations regarding mitigation measures and the Project's impacts. In adopting mitigation measures below,the City intends to adopt each of the mitigation measures identified in the Final EIR. Accordingly, in the event a mitigation measure identified in the Final EIlZ has been inadvertently omitted from these findings, such mitigation measure is hereby adopted and made a condition of project approval in the findings below by reference. In addition, in the event the language of a mitigation measure set forth below fails to accurately reflect the mitigation measure in the Final EIR due to a clerical error, the language of the mitigation measure as set forth in the Final EIR shall control unless the language of the mitigation measure has been specifically and expressly modified by these findings. Sections V through VIII,below, provide brief descriptions of the impacts that the Final EIR identifies as either significant and unavoidable or less than significant with adopted mitigation. These descriptions also reproduce the full text of the mitigation measures identified in the Final EIlZ for each significant impact. V. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS AND DISPOSITION OF RELATED MITIGATION MEASURES RESULTING IN SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS The Final EIR identifies the following significant and unavoidable adverse impacts associated with the approval of the Project, some of which can be reduced, although not to a less-than-significant level, through implementation of mitigation measures identified in the Final EIR. Pub. Resources Code�21081(a)(1). In addition, the City cannot require adoption or implementation of mitigation measures for some impacts,because they are within the responsibility and jurisdiction of other public agencies. Pub.Resources Code§21081(a)(2). Therefore, as explained below, some impacts will remain significant and unavoidable notwithstanding adoption of feasible mitigation measures.To the extent that these mitigation measures will not mitigate or avoid all significant effects on the environment, I-6 and because the City cannot require mitigation measures that are within the responsibility and jurisdiction of other public agencies to be adopted or implemented by those agencies, it is hereby determined that any remaining significant and unavoidable adverse impacts are acceptable for the reasons specified in Section XIV,below.Pub.Resources Code §21081(a)(3). As explained in Section X,below, the findings in this Section V are based on the Final EIR, the discussion and analysis in which is hereby incorporated in full by this reference. A. Impact PLAN-2: The proposed project would not fully implement some policies in the Land Use/Community Design Element of the General Plan related to the provision of bike and pedestrian access due to the vacation of Pruneridge Avenue, resulting in an environmental impact. The Final EIR finds that the Project will cause the loss of bicycle and pedestrian access on Pruneridge Avenue due the vacation of the street, resulting in the loss of connectivity across the project site. Implementation of Mitigation Measure PLAN-2,set forth below, which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less- than-significant level.This mitigation measure would provide for specific ways to minimize the potential for impacts on bicycle and pedestrian networks. Even though alternative routes are available, the project will result in the loss of a bicycle and pedestrian connector that is not being replaced and some impacts would still occur. Therefore, this impact would remain significant and unavoidable. Mitigation Measure PLAN-2: The project sponsor shall implement the following measures to the satisfaction of the City: • 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. • A coordinated wayfinding scheme shall be introduced along the entire alternate east- west loop (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, pedestrian and bicycle access routes, and other important destinations. Signs shall also be designed to direct those on foot or on I-7 bike to the safest bicycle and pedestrian routes, as well as other bicycle and pedestrian amenities. • 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, "yield to pedestrians" signage,leading pedestrian intervals at signalized intersections, and other publically accessible amenities (e.g.,bicycle 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 alternaHve modes of travel within the vicinity of the project site. • Implement Mitigation Measure TRANS-23 (as adopted) and Mitigation Measures 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). • 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. B. Impact PLAN-3: The proposed project would not fully implement policies in the Land Use/Community Design Element of the General Plan related to the provision of a proposed trail segment along Calabazas Creek, and this conflict would result in an environmental impact. The Final EIR finds that the Project will cause Land Use/Community Design policies of the General Plan to not be fully implemented,because access to the interior of the site will be restricted;therefore, a proposed trail segment along Calabazas Creek cannot be constructed. The Final EIR recognizes that the General Plan allows flexibility in the implementation of trails and that the City must evaluate safety, privacy, and security impacts and mitigations associated with trail development, and work with affected neighborhoods in locating trails. Nevertheless, the Final EIR identifies the loss of a planned segment of the Calabazas Creek trail as a significant and unavoidable impact. Implementation of Mitigation Measure PLAN-3, set forth below, which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less- than-significant level.This mitigation measure would provide for specific ways to provide alternative pedestrian and bicycle amenities,but some impacts could still occur. Therefore, this impact would remain significant and unavoidable. I-8 Mitigation Measure PLAN-3: The project sponsor shall implement the following measures to the satisfaction of the City, as illustrated in Figure IV-3 of the Draft EIR: a. Fund and construct to the satisfaction of the City a pedestrian/bike alternate creek trail extending from the intersection of North Tantau Avenue and Calabazas Creek, south to Vallco Parkway, on both 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 the alternate trail route. The trail shall include a combination of the following features that reference Calabazas Creek: • Signage along the route including both wayfinding/maps and information on creek habitat and ecology; • Appropriate plantings that mimic creek-side habitats and provide a linear reference point between the creek-side portions of the trail and the trail detour (wherever possible); • Special pedestrian scaled lighting; • Rest areas or picnic tables at trail intersections along North Tantau Avenue and Vallco Parkway, as feasible, to highlight the route's recreational nature while also not diminishing its role as a transportation route; • Additional recreational amenities such as water fountains and trash receptacles; • Appropriate pavement treatments that reference the creek and/or water; and • DecoraHve fencing and/or guard rails on North Tantau Avenue along the bridge over Calabazas Creek and the bridge over I-280 and where the creek meets Vallco Parkway,that reference the creek and strengthen the linear connection between the creek and the trail detour. b. Partially fund, in the sum of$250,000, a study of a full Class I separated trail,where rights-of-way are adequate, along the drainage channel that runs parallel to southbound I-280 between North De Anza Boulevard and Calabazas Creek, and then south 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 to carry out the project, the trail would be subject to further environmental review and subsequent approvals. The potential future trail would connect to the project-related bicycle lane improvements on North Tantau Avenue and Vallco Parkway. The east-west connection would be publicly-accessible and would be used for commuting and recreation. I-9 C. Impact PLAN-5: The proposed project would not fully implement several provisions of the Circulation Element of the General Plan related to the provision of trails and the provision of bike and pedestrian access, and these conflicts would result in an environmental impact. The Final EIR finds that the Project would not fully support all of the elements in Policy 4-3 of the Circulation Element of the General Plan due to the vacation of a portion of Pruneridge Avenue and the inability to construct a pedestrian and bicycle trail along Calabazas Creek. Implementation of Mitigation Measure PLAN-5, set forth below, which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less- than-significant level. This mitigation measure would provide for specific ways to reduce the impact to bicycle and pedestrian circulation,but some impacts could still occur. Therefore, this impact would remain significant and unavoidable. Mitigation Measure PLAN-5: Implement Mitigation Measures PLAN-2 and PLAN-3. D. Impact PLAN-6: The proposed project would not fully implement provisions of the Environmental Resources/Sustainability Element of the General Plan related to the provision of trails and the provision of bike and pedestrian access, and these conflicts would result in an environmental impact. The Final EIR finds that the Project would result in significant adverse environmental effects related to the diminishment of public bicycle and pedestrian access along Calabazas Creek, which will not fully implement provisions of the Environmental Resources/Sustainability Element of the General Plan. Implementation of Mitigation Measure PLAN-6, set forth below, which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less- than-significant level. This mitigation measure would provide for specific ways to minimize impacts to bicycle and pedestrian access,but some impacts could still occur. Therefore, this impact would remain significant and unavoidable. Mitigation Measure PLAN-6: Implement Mitigation Measures PLAN-2 and PLAN-3. I-10 E. Impact LU-1: The proposed project would not be fully consistent with applicable land use plans and policies adopted for the purpose of avoiding or mitigating an environmental effect. The Final EIR finds that the Project would not fully implement policies in the General Plan related to the development of parks and open space, the provision of trails,the provision of bicycle and pedestrian access, and the protection of a historic resource (if not appropriately relocated and preserved). Implementation of Mitigation Measure LU-1, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less-than- significant level.This mitigation measure would provide for specific ways to minimize the impacts related to the loss of the Parks and Open Space designation within the site and the relocation of the Glendenning Barn, to a less-than-significant level. However,impacts related to the closure of a portion of Pruneridge Avenue within the project site and the lack of provision of a segment of the Calabazas Creek trail would remain.Therefore, this impact would remain significant and unavoidable. Mitigation Measure LU-1: Implement Mitigation Measures PLAN-1,PLAN-2, PLAN-3, and CULT-1. F. Impact TRANS-1: Under Existing plus Proj ect Conditions, completion of the proposed project would cause intersection #21 Wolfe Road/I-280 Northbound Ramps to operate at an unacceptable level (change from LOS B to LOS E) during the AM peak hour based on City of Cupertino LOS standards. The Final EIR finds that the Project would exacerbate unacceptable condiHons or cause unacceptable operating conditions at intersection#21 Wolfe Road/I-280 Northbound Ramp during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-1, set forth below, would reduce these impacts to an acceptable level. Mitigation Measure TRANS-1 is hereby adopted.As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-1, including seeking approval from Caltrans, and, if approved, shall implement Mitigation Measure TRANS-1. If successfully implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions.However,because the off-ramp intersection is under the jurisdiction of Caltrans,which can and should adopt and implement Mitigation Measure TRANS-1, the City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-1 and the impact is considered significant and unavoidable. I-11 Mitigation Measure TRANS-1: As part of the project, the project sponsor would construct an additional westbound lane at intersection#21 Wolfe Road/I-280 Northbound Ramps to provide for dual left-turn and dual right-turn lanes.With the additional lane, the intersection would operate at acceptable LOS B (17.1 seconds) during the AM peak hour. G. Impact TRANS-3: Under Existing plus Project Conditions, completion of the proposed project would cause intersection #36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) to operate at an unacceptable level (change from LOS D to LOS F) during the PM peak hour based on CMP guideline. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-3, set forth below, would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-3 is hereby adopted.As a condition of project approval,the project sponsor shall diligently pursue Mitigation Measure TRANS-3, including seeking approval from Caltrans and the City of Santa Clara, and, if approved, shall implement Mitigation Measure TRANS-3. If implemented successfully, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions. However, this intersection is a CMP intersection and is located within the City of Santa Clara and is also under the jurisdiction of Caltrans. Both the City of Santa Clara and Caltrans can and should adopt Mitigation Measure TRANS-3. Therefore, the City cannot ensure the implementation of Mitigation Measure TRANS-3 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-3: At intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west), the project sponsor shall 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. This would improve intersection operations to acceptable LOS E+. 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. 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. I-12 H. Impact TRANS-5: Under Background plus Project Conditions, completion of the proposed project would cause intersection #21 Wolfe Road/I-280 Northbound Ramps to operate at an unacceptable level (change from LOS B to LOS E) during the AM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#21 Wolfe Road/I-280 Northbound Ramps during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-5,set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-5 is hereby adopted.As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-5, including seeking approval from Caltrans, and, if approved, shall implement Mitigation Measure TRANS-5. If implemented successfully, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions. However,the off-ramp intersection is under the jurisdiction of Caltrans, which can and should adopt Mitigation Measure TRANS-5. Therefore, the City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-5 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-5: TRANS-5: At intersection#21 Wolfe Road/I-280 Northbound Ramps, the project sponsor shall implement Mitigation Measure TRANS-1 (provide dual left-and right-turn lanes on the off-ramp), which would improve intersection operations to acceptable LOS B (18.0 seconds). I. Impact TRANS-9: Under Background plus Project Conditions, completion of the proposed project would exacerbate unacceptable operations of intersection #36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) during the PM peak hour based on CMP guidelines. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-9a, set forth below,would reduce these impacts to an acceptable level. Mitigation Measure TRANS-9a is hereby adopted.As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-9a, including seeking approval from Caltrans and the City of Santa Clara, and, if approved, shall implement Mitigation Measure TRANS-9a. If successfully I-13 implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions. However,because the intersection is under the jurisdiction of Caltrans and the City of Santa Clara,which can and should adopt and implement Mitigation Measure TRANS-9a, the City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-9a. The impact is therefore considered significant and unavoidable. In addition, implementation of Mitigation Measures TRANS-9b, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less-than-significant level.Mitigation Measure TRANS-9b would provide for specific ways to minimize the potential for impacts on existing traffic conditions,but some impacts could still occur. Therefore, this impact would remain significant and unavoidable. Mitigation Measure TRANS-9a: At intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west),the project sponsor shall implement Mitigation Measure TRANS-3 (add exclusive eastbound right-turn lane),which would improve intersection operations to 112.2 seconds (LOS F). However, the Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) intersection would continue to operate unacceptably.Providing 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, would improve intersection operations to LOS D+with 38.6 seconds of delay. Mitigation Measure TRANS-9b: The project sponsor shall expand the TDM program to reduce the severity of the impact per the TDM Program Expansion subsection Increasing the TDM participation and associated alternative mode share from 28 percent to 34 percent would improve operations to LOS F (142.8 seconds)without implementation of TRANS-3;however it would not reduce the impact to a less-than-significant level. A robust monitoring program is identified in the TDM Program Expansion subsection and shall be required to ensure that this TDM program mitigation measure is implemented and that the required trip reduction is achieved. Details of the TDM program are set forth in the TDM Program Expar2sion subsection on pages 441- 447 and Figure VI-11 of the Draft EIR. I-14 J. Impact TRANS-14:�nder Background plus Project Conditions, completion of the proposed project would cause operations of intersection #40 Stevens Creek Boulevard/Lawrence Expressway Ramps (east) to operate at an unacceptable level (change from LOS D to LOS F) during the AM peak hour based on CMP guidelines. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#40 Stevens Creek Boulevard/Lawrence Expressway Ramps (east) during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-10, set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-10 is hereby adopted. As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-10, including seeking approval from the City of Santa Clara, and, if approved, shall implement Mitigation Measure TRANS-10. If successfully implemented, this miHgation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions.However,this intersection is a CMP intersection located within the jurisdiction of the City of Santa Clara,which can and should adopt and implement Mitigation Measure TRANS-10. Therefore, the City cannot ensure implementation of Mitigation Measure TRANS-10 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-10: At intersection#40 Stevens Creek Boulevard/Lawrence Expressway(east)the project sponsor shall 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 mitigation would improve intersection operaHons 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 additional left-turn lane. 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. I-15 K. Impact TRANS-11: Under Background plus Project Conditions, completion of the proposed project would cause operations of intersection #41 Lawrence Expressway/I-280 Southbound Ramps to operate at an unacceptable level (change from LOS E to LOS F) during the PM peak hour based on CMP guidelines. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#41 Lawrence Expressway/I-280 Southbound Ramps during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-11, set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-11 is hereby adopted. As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-11, including seeking approval from Caltrans and the County of Santa Clara, and,if approved, shall implement Mitigation Measure TRANS-11. If successfully implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions. This intersection is a CMP intersection on a County expressway and portions are likely within Caltrans right-of-way. Both the County and Caltrans can and should adopt and implement Mitigation Measure TRANS-11. 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.Because this intersection is outside of the City of Cupertino's jurisdiction,the City cannot ensure implementation of Mitigation Measure TRANS-11 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-11 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 as a traffic mitigation measure are addressed in Draft EIR Section V.D,Biological Resources.Mitigation Measures BIO-1 and BIO-3, adopted in Section VI below,would reduce these secondary impacts to a less-than-significant level. Mitigation Measure TRANS-11: At intersection#41 Lawrence Expressway/I-280 Southbound Ramps, the project sponsor shall construct an exclusive eastbound through lane (for a total of one shared left- turn/through lane, one through lane, and one right-turn lane), which would improve intersection operations to acceptable LOS E+(56.9 seconds). 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. I-16 L. Impact TRANS-13: Under Cumulative plus Project Conditions, completion of the proposed project would cause intersection#8 De Anza Boulevard/Stevens Creek Boulevard to operate at an unacceptable level (change from LOS E+to LOS E) during the PM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#8 De Anza Boulevard/Stevens Creek Boulevard during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-13a, set forth below,would reduce these impacts to a less-than-significant level. However, this improvement is not physically feasible,because widening the roadway to accommodate the southbound right-turn lane would impact an underground garage belonging to the office development on the northwest corner of the De Anza Boulevard/Stevens Creek Boulevard intersection.For this reason,Mitigation Measure TRANS-13a is hereby rejected. Implementation of Mitigation Measures TRANS-13b and TRANS-13c, set forth below, which are hereby adopted and made conditions of project approval, would reduce these impacts,but not to a less than significant level. Because Mitigation Measure TRANS-13a is infeasible and implementation of Mitigation Measures TRANS-13b and TRANS-13c would not reduce the impact to a less than significant level, the impact at the De Anza Boulevard/Stevens Creek Boulevard intersection is considered significant and unavoidable. Mitigation Measure TRANS-13a: At intersection#8 De Anza Boulevard/Stevens Creek Boulevard, the provision ot an exclusive southbound right-turn lane (for a total of two left-turn lanes, four through lanes, and one right-turn lane)and adjusting the signal timings to accommodate the added turn lane would improve intersection operations to acceptable levels at LOS E+with 58.9 seconds of average delay. However, this improvement is physically not feasible, since the widening of the roadway to accommodate the southbound right-turn lane would impact an underground garage belonging to the office development on the northwest corner of the De Anza Boulevard/Stevens Creek Boulevard intersection;therefore the impact at the De Anza Boulevard/Stevens Creek Boulevard intersection is considered significant and unavoidable. Mitigation Measure TRANS-13b: The project sponsor shall expand the TDM program to reduce the severity of the impact. Increasing the TDM participation and associated alternative mode share from 28 percent to I-17 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-than-significant level. Mitigation Measure TRANS-13c: The project sponsor shall provide 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.Implementation of an adaptive traffic signal system will improve intersection operations;however, it will not reduce the impact to a less-than- significant level. M. Impact TRANS-14. Under Cumulative plus Project Conditions, completion of the proposed project would cause intersection #21 Wolfe Road/I-280 Northbound Ramps to operate at an unacceptable level (change from LOS B to LOS E) during the AM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#21 Wolfe Road/I-280 Northbound Ramps during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-14, set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-14 is hereby adopted. As a condition of project approval,the project sponsor shall diligently pursue Mitigation Measure TRANS-14, including seeking approval from Caltrans, and, if approved, shall implement Mitigation Measure TRANS-14. If successfully implemented,this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions. However,because the intersection is under the jurisdiction of Caltrans, which can and should adopt and implement Mitigation Measure TRANS-14, the City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-14 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-14: At intersection#21 Wolfe Road/I-280 Northbound Ramps, the project sponsor shall implement Mitigation Measure TRANS-1 (provide dual left-and right-turn lanes), which would improve intersection operations to acceptable LOS B (18.1 seconds). I-18 N. Impact TRANS-19: Under Cumulative plus Project Conditions, completion of the proposed project would exacerbate unacceptable operations of intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) during the PM peak hour based on CMP guidelines. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-19a, set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-19a is hereby adopted. As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-19a,including seeking approval from Caltrans and the City of Santa Clara, and, if approved, shall implement Mitigation Measure TRANS-19a.These mitigation measures would provide for specific ways to minimize the potential for impacts on existing traffic conditions. However, there are right-of-way constraints that make Mitigation Measure TRANS-19a infeasible. Additionally, this intersection is within the responsibility and jurisdiction of the City of Santa Clara,which can and should implement Mitigation Measure TRANS-19a if the right-of-way constraints can be addressed. The City has no responsibility or jurisdiction over the implementation of Mitigation Measure TRANS-19a and cannot ensure its implementation. Therefore, the impact is considered significant and unavoidable. Implementation of Mitigation Measure TRANS-19b, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less than significant level. Therefore, the impact is considered significant and unavoidable. Mitigation Measure TRANS-19a: Potential physical improvements as mitigation measures for intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps are discussed under Mitigation Measure TRANS-9 (add two exclusive eastbound right-turn lanes). However, there are right-of-way constraints that render this mitigation measure infeasible.Additionally, this intersection is within the City of Santa Clara, and the City has no control over the implementation of the mitigation measure;therefore the impact is considered significant and unavoidable.The project sponsor shall implement Mitigation Measure TRANS-9a(add free eastbound right-turn lane), which would improve intersection operations to LOS D (41.5 seconds). This improvement would reduce the impact to a less-than-significant level. However,because this intersection is under City of Santa Clara and Caltrans jurisdiction, the City cannot guarantee that the improvement would be constructed and the impact is considered significant and unavoidable. I-19 Mitigation Measure TRANS-19b: The project sponsor shall expand the TDM program to reduce the severity of the impact (Mitigation Measure TRANS-9a). Increasing the TDM participation and associated alternative mode share from 28 percent to 34 percent would improve operations to LOS F (145.8 seconds)without implementation of Mitigation Measure TRANS-9a;however the increase in TDM participation would not reduce the impact to a less-than-significant level. O. Impact TRANS-20: Under Cumulative plus Project Conditions, completion of the proposed project would cause operations of intersection #40 Stevens Creek Boulevard/Lawrence Expressway Ramps (east) to operate at an unacceptable level (change from LOS D to LOS F) during the AM peak hour based on CMP guidelines. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#40 Stevens Creek Boulevard/Lawrence Expressway Ramps (east) during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-20, set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-20 is hereby adopted. As a condition of project approval,the project sponsor shall diligently pursue Mitigation Measure TRANS-20, including seeking approval from the City of Santa Clara, and, if approved, shall implement Mitigation Measure TRANS-20. If successfully implemented, this mitigation measure would provide for specific ways to minimize potential for impacts on existing traffic conditions. However, this intersection is located within the jurisdiction of the City of Santa Clara,which can and should adopt and implement Mitigation Measure TRANS-20. The City of Cupertino therefore cannot guarantee implementation of Mitigation Measure TRANS-20 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-20: For intersection#40 Stevens Creek Boulevard/Lawrence Expressway Ramps (east), the project sponsor shall implement Mitigation Measure TRANS-10 (add exclusive northbound left-turn lane), which would improve intersection operations to LOS D- (52.3 seconds). I-20 P. Impact TRANS-21: Under Cumulative plus Project Conditions, completion of the proposed project would cause operations of intersection #41 Lawrence Expressway/I-280 Southbound Ramps to operate at an unacceptable level (change from LOS E to LOS F) during the PM peak hour based on CMP guidelines. The Final EIR finds that the Project would exacerbate unacceptable conditions or cause unacceptable operating conditions at intersection#41 Lawrence Expressway/I-280 Southbound Ramps during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-21, set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-21 is hereby adopted. As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-21, including seeking approval from the County of Santa Clara, and,if approved, shall implement Mitigation Measure TRANS-21. If successfully implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions. This intersection is a CMP intersection located within the jurisdiction of the County of Santa Clara,which can and should adopt and implement Mitigation Measure TRANS-21. The City of Cupertino therefore cannot ensure the implementation of Mitigation Measure TRANS-21 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-21: For intersection#41 Lawrence Expressway/I-280 Ramps, the project sponsor shall implement Mitigation Measure TRANS-11 (add exclusive eastbound through lane),which would improve intersection operations to acceptable LOS E+(58.3 seconds). Q. Impact TRANS-22: Completion of the proposed project would add substantial amounts of traffic to the twenty-nine mixed flow segments and three HOV freeway segments operating at LOS F, below. • I-280, Southbound, El Monte to Magdalena • I-280,Northbound, SR 85 to FooEhill Expressway • I-280, Southbound, Foothill Expressway to SR 85 • I-280, Southbound, SR 85 to De Anza Boulevard • I-280, Southbound,De Anza Boulevard to Wolfe Road • I-280,Northbound,Lawrence Expressway to Wolfe Road • I-280, Southbound,Wolfe Road to Lawrence Expressway/Stevens Creek Boulevard • I-280,Northbound, Saratoga Avenue to Lawrence Expressway/Stevens Creek Boulevard I-21 • I-280, Southbound,Lawrence Expressway/Stevens Creek Boulevard to Saratoga Avenue • I-280,Northbound,Winchester Boulevard to Saratoga Avenue • I-280,Northbound,Winchester Blvd to I-880 • I-280, Southbound,Winchester Blvd to I-880 • I-280,Northbound, I-880 to Meridian Ave • I-280,Southbound, I-880 to Meridian Ave • I-280,Northbound,Meridian Ave to Bird Ave • I-280, Southbound, Meridian Ave to Bird Ave • I-280,Northbound,Bird Ave to SR 87 • I-280, Southbound,Bird Ave to SR 87 • I-280,Northbound, SR 87 to 10th St • I-280, Southbound, SR 87 to 10th St • I-280,Northbound, 10st to McLaughlin • I-280,HOV,Northbound, Saratoga Avenue to Lawrence Expressway • I-280,HOV,Southbound,Winchester Blvd to I-880 • I-280,HOV, Southbound,I-880 to Meridian Avenue • SR 85,Northbound,Winchester Boulevard to SR 17+HOV • SR 85,Northbound, Saratoga Avenue to Winchester Blvd • SR 85, Southbound, SR 17 to Bascom Avenue • SR 85,Northbound, SR 17 to Bascom Avenue+HOV • SR 85,Southbound,Bascom Avenue to Union Avenue • SR 85,Northbound,Bascom Avenue to Union Avenue • SR 85,Northbound,Union Avenue to Carnden Avenue • I-880, Southbound,Bascom Avenue to Steven Creek Boulevard The Final EIR finds that the Project could impact these freeway segments under the Existing Plus Project Conditions based on CMP guidelines.The Draft EIIZ identified that the Project would have a significant and unavoidable impact on the level of service of freeway segments because the project would contribute greater than 1% additional traffic to 10 mixed flow segments and one HOV freeway segment operating at LOS F. Additional study of freeway segments was conducted following comments received on the Draft EIR, which refined this impact to include additional freeway segments. The percentage traffic increase from project traffic in the newly identified segments would not exceed the percentage traffic increase from project traffic identified in the previously impacted segments. As a result, the intensity of the impact has not increased. In addition, the newly identified segments include segments that are more distant from the project site and thus the project contributes fewer new trips to these newly identified segments. Therefore, there is no new significant impact or substantial increase in the severity of this significant and unavoidable impact. Implementation of Mitigation Measure TRANS-22, set forth below would reduce these impacts,but not to a less-than-significant level.Mitigation Measure TRANS-22 is hereby adopted. As a condition of project approval,the project sponsor shall diligently pursue I-22 Mitigation Measure TRANS-22, including seeking approval from VTA, and, if approved, shall implement Mitigation Measure TRANS-22. If successfully implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions,but some impacts could still occur. Additionally, it is unlikely that the Express Lane or BRT project would be implemented prior to project completion and that these improvements would reduce the impact to a less-than-significant level. In addition,Mitigation Measure TRANS-22 is within the responsibility and jurisdiction of VTA, which can and should adopt and implement Mitigation Measure TRANS-22. The City of Cupertino therefore cannot ensure implementation of Mitigation Measure TRANS-22 and the impact to the freeway segments is considered significant and unavoidable. Mitigation Measure TRANS-22: The project sponsor shall 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 transportation capacity on parallel facilities: (1) SR 85 Express Lane project(converting the existing HOV lane to a toll lane to allow single occupant vehicles to drive in the HOV lane for a fee)between 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 improvement of the impacted I-280 corridor or a parallel corridor that would provide capacity relief for the I-280 corridor or a parallel corridor that would provide capacity.The fair share contribution amount was calculated in consultation with VTA staff based on the project's contribution to project growth on the impacted freeway segment. R. Impact TRANS-25: As part of the project,the project sponsor would widen the northbound I-280 off-ramp at Wolfe Road to accommodate two lanes and reduce excessive queue spillback onto the freeway. If Caltrans does not approve this improvement, excessive queue spillback would occur (City of Cupertino). The Final EIR finds that the Project could exacerbate unacceptable conditions or cause unacceptable operating conditions at the northbound I-280 off-ramp at Wolfe Road due to increased congestion. Implementation of Mitigation Measure TRANS-25, set forth below, would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-25 is hereby adopted. As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-25, including seeking approval from Caltrans, and, if approved, shall implement Mitigation Measure TRANS-25. If successfully implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions.However, the off-ramp is under the jurisdiction of Caltrans,which can I-23 and should implement and adopt Mitigation Measure TRANS-25. Therefore, the City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-25 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-25: The project sponsor shall 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. S. Impact TRANS-26: As part of the project,the project sponsor would widen the southbound I-280 off-ramp at Wolfe Road to accommodate two lanes and reduce excessive queue spillback onto the freeway. If Caltrans does not approve this improvement, excessive queue spillback would occur (City of Cupertino). The Final EIR finds that the Project could exacerbate unacceptable conditions or cause unacceptable operating conditions at the southbound I-280 off-ramp at Wolfe Road due to increased congestion. Implementation of Mitigation Measure TRANS-26, set forth below,would reduce these impacts to a less-than-significant level.Mitigation Measure TRANS-26 is hereby adopted. As a condition of project approval,the project sponsor shall diligently pursue Mitigation Measure TRANS-26, including seeking approval from Caltrans, and,if approved, shall implement Mitigation Measure TRAI�TS-26. If successfully implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts on existing traffic conditions.However,because the off-ramp is under the jurisdiction of Caltrans, which can and should adopt and implement Mitigation Measure TRANS-26, the City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-26 and the impact is considered significant and unavoidable. Mitigation Measure TRANS-26: The project sponsor shall 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. I-24 T. Impact TRANS-28: The provision of two northbound inbound right- turn lanes and six lanes on the east leg of the Wolfe Road/Project Access intersection with the associated high traffic volumes would interfere with pedestrian accessibility to the site and adjoining areas (City of Cupertino). The Final EIR finds that the Project would interfere with pedestrian accessibility to the site and adjoining areas (City of Cupertino) due to high traffic volumes and the addition of vehicle lanes. Implementation of Mitigation Measure TRANS-28, set forth below, which is hereby adopted and made a condition of project approval, would reduce these impacts,but not to a less- than-significant level. This mitigation measure would provide for specific ways to minimize the potential for impacts on the pedestrian environment near the site and adjoining areas, but some impacts could still occur.Therefore, this impact would remain significant and unavoidable. Mitigation Measure TRANS-28: To lessen the impact the project sponsor shall install a"Yield to Peds" sign 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/I'roject Access intersection to help make the crosswalk more prominent. These treatments would lessen the impact,but would not mitigate the impact to a less-than-significant level as pedestrian access would still be impeded. U. Impact TRANS-29: The increased traffic volume at the I-280 ramps with Wolfe Road would create a challenging condition for pedestrians that currently does not exist (City of Cupertino). The Final EIR finds that the Project would interfere with pedestrian accessibility near the I- 280 ramps and Wolfe Road (City of Cupertino). Implementation of Mitigation Measure TRANS-29, set forth below,would reduce these impacts,but not to a less-than-significant level.Mitigation Measure TRANS-29 is hereby adopted. As a condition of project approval, the project sponsor shall diligently pursue Mitigation Measure TRANS-29, including seeking approval from Caltrans, and, if approved, shall implement Mitigation Measure TRANS-29. If successfully implemented, this mitigation measure would provide for specific ways to minimize the potential for impacts to pedestrian accessibility near the vicinity of the Project,but would not mitigate the impact to a less-than-significant level, as the increased vehicular volumes would still exist. Further, the feasibility of this mitigation measure cannot be assured as the on-ramp is under the jurisdiction of Caltrans, which can and should adopt and implement Mitigation Measure I-25 TRANS-29. Therefore, the City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-29 and this impact would remain significant and unavoidable. Mitigation Measure TRANS-29: To enhance the pedestrian environment and lessen the pedestrian impact at the six I-280 ramps with Wolfe Road,the project sponsor shall provide enhanced crosswalks at all ramp crosswalks. Additionally, for the I-280 southbound loop on-ramp, the project sponsor shall design, construct, and fund the following to improve the sight distance to an industry standard of 250 feet for a 35 mph roadway include: • Replacing existing fence on overcrossing with one that has better transparency; • Trimming and maintaining vegetation on northwest corner of the Wolfe Road/I-280 southbound loop on-ramp; • Redesigning the ramp to move the crosswalk further north;and • Adding a pavement legend to indicate pedestrian crossing. V. Impact TRANS-31. The proposed closure of Pruneridge Avenue between Wolfe Road and Tantau Avenue would have significant impacts on pedestrian access because it would reduce accessibility for pedestrians and eliminate existing pedestrian facilities (City of Cupertino). The Final EIR finds that the Project would have significant impacts on pedestrian access due to a reduction in accessibility near the project site and the elimination of select pedestrian facilities. Implementation of Mitigation Measure TRANS-31, set forth below, which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less- than-significant level.This mitigation measure would provide for specific ways to minimize the potential for impacts to pedestrian access and pedestrian facilities,but because the elimination of some pedestrian facilities would still occur,some impacts would remain. Therefore, this impact would remain significant and unavoidable. Mitigation Measure TRANS-31: Implement Mitigation Measures PLAN-2 and PLAN-3. The multi-use paths and the pedestrian improvements proposed as part of the project would lessen the impact,but would not mitigate the impact to a less-than-significant level as the elimination of existing pedestrian facilities would still occur. I-26 W. Impact TRANS-32: The proposed closure of Pruneridge Avenue between Wolfe Road and Tantau Avenue would have significant impacts on bicycle access because it would reduce accessibility for bicyclists and eliminates existing bicycle facilities (City of Cupertino). The Final EIR finds that the Project would have significant impacts on bicycle access due to a reduction in accessibility near the project site and the elimination of select bicycle facilities. Implementation of Mitigation Measure TRANS-32, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less- than-significant level.This mitigation measure would provide for specific ways to minimize the potential for significant impacts to bicycle access and bicycle facilities,but because the elimination of existing bicycle facilities would still occur, some impacts would remain. Therefore, this impact would remain significant and unavoidable. Mitigation Measure TRANS-32: Implement Mitigation Measures PLAN-2 and PLAN-3.T'he multi-use paths and bicycle improvements proposed as part of the project would lessen the impact,but would not mitigate the impact to a less-than-significant level as the elimination of existing bicycle facilities would still occur X. Impact TRANS-33: The proposed closure of Pruneridge Avenue and associated reroute of Route 81 to Vallco Parkway would significantly reduce transit access for The Hamptons residents (City of Cupertino). The Final EIR finds that the Project would significantly reduce transit access for The Hamptons residents due to an associated rerouting of Route 81 upon the closure of Pruneridge Avenue. There are no feasible mitigation measures to restore transit access to Route 81 for The Hamptons residents, therefore the impact is considered significant and unavoidable. Y. Impact TRANS-34: The proposed closure of Pruneridge Avenue between Wolfe Road and Tantau Avenue would have significant impacts on access to The Hamptons for those with destinations east of Tantau Avenue (City of Cupertino). The Final EIR finds that the Project would have significant impacts on access to The Hamptons for those with destinations east of Tantau Avenue due to the closure of Pruneridge Avenue. I-27 Implementation of Mitigation Measure TRANS-34, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less- than-significant level.This mitigation measure would provide for specific ways to minimize the potential for impacts to access for those with destinations east of Tantau Avenue,but some impacts could still occur. Therefore, this impact would remain significant and unavoidable. Mitigation Measure TRANS-34: There are no mitigation measures to reduce the impact to a less-than-significant level. Implementation of Mitigation Measure TRANS-32 would lessen the impact,but not to a less-than-significant level. Z. Impact AIR-1: Construction of the proposed project would generate air pollutant emissions that could violate air quality standards. The Final EIR finds that the Project would generate pollutant emissions due to construction. Implementation of Mitigation Measure AIR-1, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less-than- significant level. This mitigation measure would provide for specific ways to minimize the potential for impacts to air quality due to the construction of the Project,however, the Final EIR finds that air quality thresholds of significance would still be exceeded even after implementation of Mitigation Measure AIR-1. Therefore,this impact would remain significant and unavoidable. Mitigation Measure AIR-1: Consistent with guidance from the BAAQMD, the following actions shall be required in relevant construction contracts and specifications for the project: • All exposed surfaces(e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per 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. I-28 Pruneridge Avenue Alternative would not reduce impacts to traffic,noise, air quality, housing/population, and public services or reduce construction-related impacts. The Pruneridge Avenue Alternative would not achieve the following project sponsor objectives for the Project: Primary Objective: • Achieve the security and privacy required for the invention of new products by eliminating any public access through the site, and protecting the perimeters against unauthorized persons. Secondary Objectives: • Create a physically unified campus community that improves internal circulation and eliminates unnecessary access points by consolidating the existing properties within one campus. • Create a campus that reflects Apple's business and design practices, and allows for a long-term presence in Cupertino. In addition, the following project sponsor objectives would be achieved,but to a lesser extent than the Project: Primary Objective: • Create an innovative and beautiful campus near Apple's Infinite Loop facility that consolidates many of Apple's engineers and support personnel in a single distinctive _ office, research and development building, and supporting facilities. The purpose of consolidation is to promote shared creativity and collaboration and spur invention of the next several generations of Apple products. (Although the Pruneridge Avenue Alternative would allow Apple to consolidate many of its engineers and support personnel in a single distinctive office, research and development building, and support facilities, the unified open space is an important part of creating an environment that promotes shared creativity and collaboration. Dividing the campus with Pruneridge Avenue would impede that aspect of this Primary Objective.) Secondary Objectives: • Maximize green space, and design this space in accordance with the climate and history of the area. • Exceed economic, social, and environmental sustainability goals through integrated design and development. I-66 Secondary Objectives: • Maximize green space, and design this space in accordance with the climate and history of the area. • Provide on-site amenities for Apple's employees in order to promote employees' health and well-being and reduce off-campus travel. • Provide an on-site venue for the introduction of Apple's new products that will generate surprise and delight, and enable the products to be introduced at Apple's corporate home. • Create a physically unified campus community that improves internal circulation and eliminates unnecessary access points by consolidating the existing properties within one campus. • Create a campus plan that incorporates flexibility to respond to Apple's future business needs. For the foregoing reasons, the No Project Alternative is hereby rejected. B. The Pruneridge Avenue Alternative The Pruneridge Avenue Alternative would allow for the development of a new corporate campus while preserving the segment of Pruneridge Avenue within the site as a public right-of-way. The site would be approximately 4.6 acres smaller in order to preserve the Pruneridge Avenue right-of-way.Under this alternative, the preservation of Pruneridge Avenue would require adjustments to the Project's security program, transportation logistics, utility infrastructure,employee and building services operations,building configuration and location, open space provision, access points, construction logistics, and many other elements of the Project. The Pruneridge Avenue Alternative would generally require the same entitlements and approvals as the Project,except that Pruneridge Avenue would not be vacated.Such entitlements, approvals and General Plan amendments would not be required as part of this alternative, although a General Plan amendment would be required if the Main Building were to have a height in excess of 60 feet. Contrary to the City's objectives, the Pruneridge Avenue Alternative would discourage the retention of Apple's corporate headquarters because Apple might not proceed with the alternative.The loss of Apple's corporate headquarters would result in an adverse fiscal impact on the City. Otherwise, the Pruneridge Avenue Alternative would substantively achieve the City's objectives for the Project. The Pruneridge Avenue Alternative would avoid the land use and planning policy impacts and transportation and circulation impacts related to the closure of Pruneridge Avenue. The I-65 • Allow for the location and design of Phase 2 of the Project in a way that is sensitive to surrounding neighborhoods. • Preserve the City's existing and planned park space. • Preserve and enhance the historic integrity of Glendenning Barn and provide for its adaptive reuse and relocation. • Protect the riparian zone around Calabazas Creek. • Enhance environmental features within the project area, including stormwater quality within the City storm drain system and receiving water bodies. • Maintain consistency with Cupertino's 2000-2020 General Plan and further General Plan goals and strategies for economic development,neighborhood connectivity, and urban conservation. • Provide connections and enhance walkability/bikeability between the project site and surrounding areas,while promoting the mobility of Apple employees and the public throughout the Vallco Industrial Park and the greater region. • Improve traffic circulation, traffic volumes and level of service (LOS) through a combination of consolidation of office locations and additional TDM measures. • Increase the use of landscaping compared to paved parking and thereby enhance the urban environment, reduce impervious surfaces, and reduce storm water runoff. • Retain and improve bike and pedestrian connectivity between the project site and surrounding areas. • Avoid additional fiscal impacts to the City from the Project by cost reimbursement and the collection of fees covering the City's actual costs. • Encourage public art placed in locations visible to the public. • Increase City revenues from the Project in order to enhance the City's general fund. The No Project Alternative would not achieve any of the project sponsor's objectives, including the following: Primary Objectives: • Create an innovative and beautiful campus near Apple's Infinite Loop facility that consolidates many of Apple's engineers and support personnel in a single distinctive office, research and development building, and supporting facilities. The purpose of consolidation is to promote shared creativity and collaboration and spur invention of the next several generations of Apple products. • Achieve the security and privacy required for the invention of new products by eliminating any public access through the site, and protecting the perimeters against unauthorized persons. I-64 CEQA requires consideration of a no project alternative. Consistent with the State CEQA Guidelines, the No Project Alternative assumes that the site would generally remain in its existing condition. The site would remain developed with low-rise buildings(comprising approximately 2,657,000 square feet of building space)used for office and research and development uses. Apple employees would ultimately occupy all buildings within the project site and,because some existing buildings are only partially occupied, the number of employees on the site would increase from approximately 4,844 under existing conditions to approximately 9,800 (a net increase of 4,956 employees). No major construction projects would occur on the site, although minor building renovations could occur in the short-term to change the configuration of interior building space.None of these renovations would substantially increase the employee capacity of the site. The amount of surface parking (9,220 parking spaces) and open space(approximately 43 acres) on the site would remain the same as existing conditions and Glendenning Barn would remain at its present location. In addition,the segment of Pruneridge Avenue within the site would not be vacated by the City and would remain a public right-of-way. No new security fence would be developed around the perimeter of the site (a portion of the site is already bounded by fencing), although security mechanisms might be implemented around individual buildings or groups of buildings. No changes to off-site roadways (including North Wolfe Road, East Homestead Road, and North Tantau Avenue)would occur. None of the requested entitlements and approvals sought as part of the Project(including General Plan and Zoning Ordinance amendments)would be required. The No Project Alternative would avoid all potential construction-related impacts to biological resources, cultural resources,hydrology and water quality,hazards and hazardous materials, noise, and air quality,because no new facilities would be constructed and the use of construction equipment, site grading,earth work, paving or faculties construction would be avoided. The No Project Alternative would also avoid operational impacts associated with land use and planning policy, aesthetics,biological resources, cultural resources, transportation and circulation, and noise because the occupancy of the site could increase to only 9,800 employees instead of the 14,200 employees anticipated by the Project. The No Project Alternative would not achieve any of the City's project objectives,which are as follows: • Encourage the retention of Apple's corporate headquarters in Cupertino within a world class corporate campus. • Allow for the expansion of Apple's operations while enhancing the physical environment of the project area and being sensitive to community needs. I-63 This employment-related population growth would be a relatively small percentage (approximately 7.9 percent) of the population growth expected in Santa Clara County between 2015 and 2020(117,800). In addition, the actual number of new residents generated by the Project would be substantially lower than 9,356,because that number is very conservative in that it does not account for new employees that currently live in the area (and thus would not increase the population by filling a job on the project site). Therefore, the impact of the Project on regional and sub-regional population growth would be even further reduced. The total population growth associated with the Project(assuming every new employee moves to the region from elsewhere)would comprise 2.7 percent of the population growth expected in the Bay Area region between 2015 and 2020(340,500). This growth would be considered less than significant because the project site is an appropriate place for employment growth. As described in the Draft EIR Chapter IV, Planning Policy, the City's General Plan policies support retaining and intensifying employment at the project site (Policies 2-1, 2-13, 2-35 and 2-44, and Strategy 3 of Policy 2- 20). Because the project site is located within an existing urbanized area and would be served by an enhanced Transportation Demand Management Program,including the Apple transit system, anticipated employment growth could be associated with reduced regional environmental impacts compared to a similar project in a location on the urban fringe (where commute distances may be longer, and where a similar range of transit options may not be available). In addition, growth on the project site would be accommodated with substantial provision of private open space and the development of a campus that would result in no net increase in greenhouse gas emissions. Therefore, the growth that would occur as a result of the Project would not be considered substantial or adverse. IX. ALTERNATIVES The Final EIR analyzed four alternatives to the Project,examining the environmental impacts and feasibility of each alternative, as well as the ability of the alternatives to meet project objectives. The Project and the project objectives are described in detail in the Final EIR Chapter III, Project Description, and the potential environmental effects of implementing the Project are analyzed in Chapter V, Setting,Impacts and Mitigation Measures, including discussion of significant impacts resulting from the Project and mitigation measures recommended to avoid these impacts. Brief summaries of the alternatives are provided below. A brief discussion of the Environmentally Superior Alternative is also included.As explained in Section X,below, the findings in this Section are based on the Final EIR, the discussion and analysis in which is hereby incorporated in full by this reference. A. The No Project Alternative I-62 Measure NOI-2,would avoid or reduce cumulative impacts discussed in Impact NOISE-2 to less-than-significant levels. D. Air Quality Implementation of the project, in combination with other past, present, and reasonably foreseeable future project, would generate additional air pollutant emissions in the air basin, primarily due to vehicle trips. Construction and operation of the Project would result in a significant contribution to criteria pollutant emissions in the air basin, as discussed in Impact AIR-3 and Mitigation Measure AIIZ-3 in Section V, above. This cumulative impact would remain significant and unavoidable even with the implementation of Mitigation Measure Air-3 identified in the Final EIIZ. However, the Project's contribution to construction-period or operation-period health risk impacts due to exposure to criteria pollutants would be less than significant. VIII. GROWTH INDUCING IMPACTS An EIlZ is required to discuss growth inducing impacts,which consist of the ways in which the project could foster economic or population growth, or the construction of additional housing,either directly or indirectly, in the surrounding environment. State CEQA Guidelines� 15126.2(d);Pub. Resources Code�21100(b)(5).Direct growth inducement would result, for example, if a project involves the construction of substantial new housing that would support increased population in a community or establishes substantial new permanent employment opportunities.This additional population could, in turn, increase demands for public utilities, public services, roads, and other infrastructure. Indirect growth inducement would result if a project stimulates economic activity that requires physical development or removes an obstacle to growth and development(e.g.,increasing infrastructure capacity that would enable new or additional development). It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. State CEQA Guidelines� 15126.2(d). Section VII of the Draft EIR analyzes the growth inducing impacts of the Project.As explained in Section X, below,the findings in this Section are based on the Final EIR, the discussion and analysis in which is hereby incorporated in full by this reference. Implementation of the Project would not result in direct population growth because the Project does not include the development of new housing units. However, as discussed in the Draft EIR Section V.C, Population, Employment, and Housing,the Project could indirectly increase the area's population through an expansion of employment. Nevertheless, overall indirect population growth associated with the Project would not be considered significant when evaluated on a regional or sub-regional level. Assuming every new employee associated with the Project would move to the area from elsewhere(which would substantially overestimate the likely number of new residents generated by the Project), the Project would generate 9,356 new residents. I-61 unacceptable level(change from LOS D+to LOS E) during the AM peak hour based on City of Cupertino LOS impact thresholds. • Impact TRANS-17: Under Cumulative plus Project Conditions, the Project would cause intersection#31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level (change from LOS C to LOS E+) during the AM peak hour based on City of Cupertino LOS impact thresholds. • Impact TRANS-18: Under Cumulative plus Project Conditions, completion of the Project would cause intersection#32 Tantau Avenue/Stevens Creek Boulevard to operate at an unacceptable level(change from LOS D-to LOS F) during the PM peak hour based on City of Cupertino LOS impact thresholds. As discussed in Section V, implementation of the mitigation measures in the Final EIR, the following transportation impacts would be considered a significant and unavoidable contribution to a cumulative impact: • Impact TRANS-13: Under Cumulative plus Project Conditions, completion of the Project would cause intersection#8 De Anza Boulevard/Stevens Creek Boulevard to operate at an unacceptable level(change from LOS E+to LOS E) during the PM peak hour based on City of Cupertino LOS impact thresholds. • Impact TRANS-14: Under Cumulative plus Project Conditions, completion of the Project would cause intersection#21 Wolfe Road/I-280 Northbound Ramps to operate at an unacceptable level(change from LOS B to LOS E) during the AM peak hour based on City of Cupertino LOS impact thresholds. • Impact TRANS-19: Under Cumulative plus Project Conditions, completion of the Project would exacerbate unacceptable operations of intersection #36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) during the PM peak hour based on CMP guidelines. • Impact TRANS-20: Under Cumulative plus Project Conditions, completion of the Project would cause operations of intersection#40 Stevens Creek Boulevard/Lawrence Expressway Ramps (east) to operate at an unacceptable level(change from LOS D to LOS F) during the AM peak hour based on CMP guidelines. • Impact TRANS-21: Under Cumulative plus Project Conditions, completion of the Project would cause operations of intersection #41 Lawrence Expressway/I-280 Southbound Ramps to operate at an unacceptable level(change from LOS E to LOS F) during the PM peak hour based on CMP guidelines. C. Noise Project-related increases in traffic noise levels would create a cumulatively considerable contribution of the Project to noise conditions along some roadway segments in the project vicinity.A full discussion of the impacts related to increased traffic noise can be found in the Draft EIR Section V., Noise. As discussed in Section VI, above, implementation of Mitigation I-60 A. Cultural Resources The project, in conjunction with other development in Cupertino,has the potential to affect cultural resources. If a potential for significant impacts to cultural resources is identified at the time development is proposed, an investigation is required to determine the nature and extent of the resources and identify appropriate mitigation measures. T'herefore, past, present, and reasonably foreseeable future development in Cupertino is not expected to have a significant effect on cultural resources. The number of historic resources in the City has diminished substantially as the City has urbanized;remaining resources(e.g.,Union Church of Cupertino and Nathan Hall Tank House) are generally surrounded by modern development.However, these resources are generally protected in place by the City's Historic Preservation Policy.If relocation is proposed for any individual resource, the merits of this relocation would be evaluated on a case-by-case basis. The provisions of the Historic Preservation Policy would be expected to prevent a significant loss(or inappropriate relocation) of remaining historic resources in the City. Therefore, future development in the City is not expected to result in a significant cumulative effect on historic resources. The project is not anticipated to have a significant impact on cultural resources,with implementation of the mitigation measures identified in this section. As discussed in Section VI, above,Relocation of Glendenning Barn in accordance with Mitigation Measures CULT- 1a or CULT-1b would avoid adverse impacts to the historic integrity of the barn or ensure these cumulative impacts are reduced to a less-than-significant level. Therefore, the Project would not make a significant contribution to cumulative cultural resources impacts. B. Transportation and Circulation Development of the Project, along with past, present, and reasonably foreseeable future projects,would increase traffic on the local and regional roadway system. As discussed in Section VI, above,implementation of the mitigation measures in the Final EIlZ, the following transportation impacts would be considered to have a less-than-significant contribution to a cumulative impact: • Impact TRANS-12: Under Cumulative plus Project Conditions, completion of the Project would exacerbate unacceptable operations of intersection #5 De Anza Boulevard/Homestead Road during the PM peak hour based on City of Cupertino LOS impact thresholds. • Impact TRANS-15: Under Cumulative plus Project Conditions, completion of the Project would exacerbate unacceptable operations of intersection #23 Wolfe Road/Vallco Parkway during the PM peak hour based on City of Cupertino LOS impact thresholds. • Impact TRANS-16: Under Cumulative plus Project Conditions, completion of the Project would cause intersection#27 Tantau Avenue/Homestead Road to operate at an I-59 • North Wolfe Road and Project Entrance • North Wolfe Road and East Homestead Road • North Wolfe Road and I-280 (two interchanges) • North Wolfe Road and Vallco Parkway • Stevens Creek Boulevard and Perimeter Road • Stevens Creek Boulevard and Finch Avenue • Stevens Creek Boulevard and Tantau Avenue • Heron Avenue and East Homestead Road VII. CUMULATIVE IMPACTS A Final EIR is required to discuss the cumulative impacts of a project when the project's incremental effect is cumulatively considerable. State CEQA Guidelines§ 15130(a)(1). CEQA defines cumulative impacts as "two or more individual effects,which, when considered together, are considerable, or which can compound or increase other environmental impacts." Section 15130 of the State CEQA Guidelines requires that an EIR evaluate potential environmental impacts that are individually limited but cumulatively significant. These impacts can result from the project alone, or together with other projects. Section 15355 of the State CEQA Guidelines states: "The cumulative impact from several projects is the change in the environment which results from the incremental impact of the Project when added to other closely related past,present, and reasonably foreseeable probable future projects." Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. "Cumulatively considerable° means that the incremental effects of the Project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects.State CEQA Guidelines� 15065(a)(3);Pub.Resources Code § 21083(b)(2). When evaluating cumulative impacts, CEQA allows the use of either a list of past, present, and probable future projects, including projects outside the control of the lead agency, or a summary of projections in an adopted planning document. The cumulative analysis in the Final EIR uses primarily the first approach: a list of past, present, and probable future projects. This list is included in the Draft EIR Appendix F and includes a mix of infill projects in the City, including residential,commercial, and institutional projects ranging from new hotels to senior residential developments. The Final EIR analyzes the cumulative impacts of the Project in combination with reasonably foreseeable probable future projects at the end of each topical section and are further summarized below. As explained in Section X,below, the findings in this Section are based on the Final EIR, the discussion and analysis in which is hereby incorporated in full by this reference. I-58 proposed project would expose sensitive receptors to substantial pollutant concentrations. The Final EIR finds that the Project would expose sensitive receptors to substantial pollutant concentrations if the construction practices identified in the Apple Campus Construction Equipment Summary are not followed. Implementation of Mitigation Measure AIR-4, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure AIR-4: The project sponsor shall implement Mitigation Measure AIR-1 and the following additional measure: • To the maximum extent feasible,material staging roads shall be set back from the curb by at least 65 feet. II. Impact PSU-1: The proposed project could adversely affect the ability of the Santa Clara County Fire Department (SCCFD) to meet response time objectives. The Final EIR finds that the Project could affect the ability of the SCCFD to meet response time objectives due to increased congestion. Implementation of Mitigation Measure PSU-1, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure PSU-1: The project sponsor shall implement 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 the project site). The signal preemption signals would allow emergency vehicles to pass through approximately 30 seconds before arrival. • North Blaney Avenue and East Homestead Road • North Tantau Avenue and East Homestead Road • North Tantau Avenue and Pruneridge Avenue • North Tantau Avenue and Vallco Parkway • North Tantau Avenue and Project Entrance • North Wolfe Road and Pruneridge Avenue I-57 conspicuously posted at the perimeter of the construction site and provided to all adjacent property owners prior to commencement of construction. • The project contractor shall ensure that all construction equipment has appropriate high- quality noise muffling and abatement devices,which would be properly maintained and used at all times such equipment is in operation. • The project contractor shall, to the extent feasible, place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. • Exterior project noise-generating construction 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 between the hours of 9:00 a.m. and 6:00 p.m. on weekends. No such work shall be permitted on holidays (i.e., New Year's Day,Memorial Day, Independence Day,Labor Day, Thanksgiving Day, Christmas Day), except as approved by the Community Development Director. A Noise Variance may be obtained from the Noise Control Officer for each occurrence of specific temporary construction activities. • Construction activities, other than street construction, shall be prohibited on holidays, unless they meet the City of Cupertino's nighttime maximum permissible noise level standards. GG. Impact NOI-2: Implementation of the project would result in a significant contribution to cumulative traffic noise levels experienced in the project vicinity. The Final EIR finds that the Project will result in a significant contribution to cumulative traffic noise levels in the project vicinity. Implementation of Mitigation Measure NOI-2, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure NOI-2: The project sponsor shall 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. HH. Impact AIR-4: Without the construction practices identified in the Apple Campus Construction Equipment Summary, construction of the I-56 Mitigation Measure TRANS-35: Implement Mitigation Measure TRANS-9b. FF. Impact NOI-1: Project-related construction activities would create a clearly noticeable temporary change in the noise environment and create noise levels that would exceed the noise level standards in the City of Cupertino Municipal Code. The Final EIR finds that the Project will create a noticeable temporary change in the noise environment and generate noise levels that would exceed the noise level standards of the City. Implementation of Mitigation Measure NOI-1, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure NOI-1: The project applicant shall implement the following measures at the project site during all demolition and construction activities, subject to the approval of the City: • The project applicant shall ensure the construction of a 15-foot high temporary sound wall along the project's property line adjacent to sensitive land uses. • A temporary sound wall shall be constructed along the eastern project property line to block the line-of-sight from the single-family residential land uses on Howard Drive and Meadow Avenue to project construction areas on the east side of North Tantau Avenue. This sound wall shall be set back from the properry 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 line-of-sight from The Hamptons to project construction areas in the 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 shall be constructed along the northern project property line to block the line-of-sight from the single-family residential properties north of East Homestead Road to project construction areas in the northern 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. • The project contractor shall designate a construction liaison that shall be responsible for responding to any local complaints about construction noise.The 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 I-55 The Final EIR finds that the Project would result in hazards for vehicles exiting the southernmost Wolfe Road driveway to the Cupertino Village shopping center due to congestion. Implementation of Mitigation Measure TRANS-27, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-27: The southernmost driveway to the Cupertino Village should be closed.With this mitigation the impact would be less-than-significant. DD. Impact TRANS-30: The added traffic on Wolfe Road and around the project site would result in increased congestion and could induce transit demand and increase transit ridership in the area, which currently has minimal transit stop amenities (VTA). The Final EIR finds that the Project would increase congestion and potentially increase the demand for transit in the area. Implementation of Mitigation Measure TRANS-30, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-30: The project sponsor shall upgrade 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 between Stevens Creek Boulevard and Homestead Road. EE. Impact TRANS-35: The project may result in a parking shortfall if Apple does not achieve a 34 percent TDM participation rate. The Final EIR finds that the Project might result in a parking shortfall if Apple does not achieve a 34 percent TDM participation rate due to the limited parking availability on the project site. Implementation of Mitigation Measure TRANS-35, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. I-54 each month to the Public Works Department. This report shall document any unsafe or illegal lane changes observed,noting accidents caused by unsafe lane changes and noting whether, in the professional judgment of the independent observer, the observed violations constitute a safety problem that should be addressed and, if so, recommending measures to address them. • If, at any time following the nine-month trial period implementation of the measures listed above do not substantially prevent violations, in the professional opinion of independent observer and the City, the City shall determine whether additional measures are required, or whether the number of lanes must be reduced to two exit lanes. Monitoring shall continue until nine months following full occupancy of the project. • The project sponsor shall develop employee education materials, to the satisfaction of the City explaining the proper use of the driveway exit lanes without weaving among lanes. BB. Impact TRANS-24: Completion of the proposed project would cause excessive vehicle queues on the southbound Tantau Avenue at Vallco Parkway based on City of Cupertino standards. The Final EIR finds that the Project would cause excessive vehicle queues on southbound Tantau Avenue at Vallco Parkway. Implementation of Mitigation Measure TRANS-24, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-24: The project sponsor shall provide a dedicated southbound right-turn lane at the Tantau Avenue/Vallco Parkway intersection. CC. Impact TRANS-27: The proposed location of the project driveway intersection on Wolfe Road and the associated congestion would result in hazards for vehicles exiting the southernmost Wolfe Road driveway to the Cupertino Village shopping center (City of Cupertino and CEQA). I-53 three-lane driveway exit design would have a significant impact on safety due to "weaving." Mitigation Measure TRANS-23, identified in the Draft EIR, requires the number of driveway left turn lanes to be reduced from three to two and would reduce this impact to a less-than-significant level (Draft EIR, pp. 416-418). At the request of the project sponsor, the City considered an alternative mitigation measure that would allow three left turn lanes exiting the project site on to Wolfe Road. The project sponsor requested the City to consider replacing Mitigation Measure TRANS-23 with a mitigation measure that would reduce the weaving impact to a less-than-significant level, without requiring a reduction to two lanes, through the use of clear signage at the exit approach including overhead signs, painted directions on lanes and appropriate lane striping;internal employee education; and traffic monitors. The project sponsor proposed that these measures would be implemented for a nine-month period during which the driveway exit would be monitored by an independent observer at the expense of the project sponsor. If the weaving behavior predicted by the EIR is observed, the third lane would be closed. City staff and Fehr&Peers reviewed two versions of the proposed, alternative mitigation measure--one with penalties for weaving violations (TRANS-23 (Alternate)) and one without penalties (TRANS-23 (Second Alternate)) --for their ability to mitigate the weaving impacts, and the City has concluded that Mitigation Measure TRANS-23(Second Alternate), set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than-significant levels. Mitigation Measure TRANS-23 (Second Alternate): The project sponsor may be permitted to construct three left-turn exit lanes from the project site to Wolfe Road if all of the following measures are implemented: • Clear signage, including but not limited to overhead signs, shall be installed to indicate the destination of each of the three exit lanes in order to discourage unsafe lane changes. � Each lane shall be clearly marked by painted stripes, directional arrows and destination legends to indicate the destination of each lane and to indicate by double lines or other appropriate markings that changing lanes is a violation of law between the Apple Campus 2 driveway and Pruneridge Avenue. • The project sponsor shall fund the following measures for a trial period of nine months and shall install closed-circuit video cameras linked to the City's Traffic Operations Center to continuously record vehicle movements at the project driveway and along southbound Wolfe Road. Trained personnel, who are independent from the project sponsor, shall periodically review the video footage at the direction of the City, and provide a report at the end of I-52 Implementation of Mitigation Measure TRANS-17, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-17: At intersection#31 Tantau Avenue/Vallco Parkway,the project sponsor shall implement Mitigation Measure TRANS-2 (add exclusive northbound through lane),which would improve intersection operations to LOS C(28.7 seconds). Z. Impact TRANS-18: Under Cumulative plus Project Conditions, completion of the proposed project would cause intersection#32 Tantau Avenue/Stevens Creek Boulevard to operate at an unacceptable level (change from LOS D-to LOS F) during the PM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would cause intersection#32 Tantau Avenue/Stevens Creek Boulevard to operate at an unacceptable level during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-18, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-18: At intersection#32 Tantau Avenue/Stevens Creek Boulevard, the project sponsor shall implement Mitigation Measure TRANS-8 (add exclusive southbound right-turn lane), which would improve intersection operations to LOS D(49.4 seconds). AA. Impact TRANS-23: Based on City of Cupertino standards, the design of the project with three left-turn lanes on the Wolfe Road driveway approach would cause a substantial increase in conflicts due to vehicles weaving on Wolfe Road between the driveway and the I-280 ramps in order to merge and align into the correct lanes to enter the freeway upon exiting the campus. The Final EIR finds that the Project would cause a substantial increase in conflicts due to vehicles weaving on Wolfe Road between the Project driveway and the I-280 ramps in order to access the freeway upon exiting the campus. The Draft EIlZ fully analyzes the impacts of three left turns lanes exiting the project site on to Wolfe Road (see Draft EIR, pp. 414-418), and concludes that the impacts on traffic operations would be less than significant but that a I-51 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. Field observations were conducted to determine the existing percentage of vehicles making U-turns at the intersections. The field data was used to estimate the impact of diverting U-turns from Vallco Parkway to Stevens Creek Boulevard. The LOS results show that both the Wolfe Road/Vallco Parkway (42.4 seconds and LOS D) and Stevens Creek Boulevard/Wolfe Road intersections (49.9 seconds and LOS D)would operate acceptably with the proposed southbound U-turn restrictions at the Wolfe Road/Vallco Parkway intersection. The project impact would be reduced to a less-than-significant level. X. Impact TRANS-16: Under Cumulative plus Project Conditions, completion of the proposed project would cause intersection #27 Tantau Avenue/Homestead Road to operate at an unacceptable level (change from LOS D+to LOS E) during the AM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would cause intersection#27 Tantau Avenue/Homestead Road to operate at an unacceptable level during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-16, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-16: At intersection#27 Tantau Avenue/Homestead Road, the project sponsor shall implement Mitigation Measure TRANS-6 (add exclusive eastbound right-turn lane), which would improve intersection operations to acceptable LOS D- (52.6 seconds). Y. Impact TRANS-17: Under Cumulative plus Project Conditions,the project would cause intersection #31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level (change from LOS C to LOS E+) during the AM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would cause intersection#31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level during the AM peak hour due to increased congestion. I-50 V. Impact TRANS-12: Under Cumulative plus Project Conditions, completion of the proposed project would exacerbate unacceptable operations of intersection #5 De Anza Boulevard/Homestead Road during the PM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would exacerbate unacceptable operations of intersection#5 De Anza Boulevard/Homestead Road during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-12, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-12: At intersection#5 De Anza Boulevard/Homestead Road intersection, the project sponsor shall implement Mitigation Measure TRANS-4 (add exclusive southbound right-turn lane), which would improve intersection operations to LOS E+(58.9 seconds). Though LOS E+is not considered acceptable at the#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. W. Impact TRANS-15: Under Cumulative plus Project Conditions, completion of the proposed project would exacerbate unacceptable operations of intersection#23 Wolfe RoadlVallco Parkway during the PM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would exacerbate unacceptable operations at intersection#23 Wolfe Road/Vallco Parkway during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-15, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-15: The project sponsor shall 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 I-49 T. Impact TRANS-7: Under Background plus Project Conditions, completion of the proposed project would cause intersection #31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level (change from LOS C to LOS E+) during the AM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would cause intersection#31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-7, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-7: At intersection#31 Tantau Avenue/Vallco Parkway, the project sponsor shall implement Mitigation Measure TRANS-2 (add exclusive northbound through lane), which would improve intersection operations to acceptable LOS C (28.7 seconds). U. Impact TRANS-8: Under Background plus Project Conditions, completion of the proposed project would cause intersection #32 Tantau Avenue/Stevens Creek Boulevard to operate at an unacceptable level (change from LOS D to LOS E-) during the PM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would cause intersection #32 Tantau Avenue/Stevens Creek Boulevard to operate at an unacceptable level during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-8, set forth below, which is hereby adopted and made a condition of project approval, would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-8: At intersection#32 Tantau Avenue/Stevens Creek Boulevard,the project sponsor shall construct a 100-foot exclusive southbound right-turn lane (for a total of two southbound left-turn lanes and one southbound right-iurn lane),with associated improvements in the right-of-way,which would improve intersection operations to acceptable LOS D (46.8 seconds). I-48 with the removal of trees.Trees are protected under the City of Cupertino's Tree Protection Ordinance.Impacts BIO-1 and BIO-3 in Section V.D,Biological Resources in the Draft EIR address these potential secondary impacts related to potential tree removal, and previously adopted Mitigation Measures BIO-1 and BIO-3 would reduce these secondary impacts to a less-than-significant level. Mitigation Measure TRANS-4: At intersection#5 De Anza Boulevard/Homestead Road the project sponsor shall construct an exclusive southbound right-turn lane (for a total of two left-turn lanes,three through lanes, and one right-turn lane)which would improve intersection operations to LOS E+. Although still considered an unacceptable LOS based on Cupertino's standards, this mitigation measure would improve operations over Background No Project Conditions. S. Impact TRANS-6: Under Background plus Project Conditions, completion of the proposed project would cause intersection #27 Tantau Avenue/Homestead Road to operate at an unacceptable level (change from LOS D+to LOS E) during the AM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would cause intersection#27 Tantau Avenue/Homestead to operate at an unacceptable level during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-6, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TRANS-6 could have secondary impacts associated with the removal of trees.Trees are protected under the City of Cupertino's Tree Protection Ordinance.Impacts BIO-1 and BIO-3 in Section V.D,Biological Resources in the Draft EIR address these potential secondary impacts related to potential tree removal, and previously adopted Mitigation Measures BIO-1 and BIO-3 would reduce these secondary impacts to a less than significant level. Mitigation Measure TRANS-6: At intersection#27 Tantau Avenue/Homestead Road the project sponsor shall construct an exclusive right-turn lane from eastbound Homestead Road to southbound Tantau Avenue (for a total of one eastbound left-turn lane, two eastbound through lanes, and one eastbound right-turn lane), which would improve intersection operations to acceptable LOS D-(52.6 seconds). I-47 Q. Impact TRANS-2: Under Existing plus Project Conditions, completion of the proposed project would cause intersection #31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level (change from LOS C to LOS E+) during the AM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would cause intersection#31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level during the AM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-2, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels.Mitigation Measure TRANS-2 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 a bike lane to the right of the travel lane and the sidewalk adjacent to the bike lane. Therefore, secondary impacts associated with the removal of trees that are protected under the City of Cupertino's Tree Protection Ordinance could occur. Impacts BIO-1 and BIO-3 in Section V.D,Biological Resources in the Draft EIR address these potential secondary impacts, and previously adopted Mitigation Measures BIO-1 and BIO-3 would reduce these secondary impacts to a less-than-significant level. Mitigation Measure TRANS-2: At intersection#31 Tantau Avenue/Vallco Parkway, the project sponsor shall 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 which would improve intersection operations to acceptable LOS C (26.1 seconds). R. Impact TRANS-4: Under Background Plus Project Conditions, completion of the proposed project would exacerbate unacceptable operations of intersection #5 De Anza Boulevard/Homestead Road during the PM peak hour based on City of Cupertino LOS impact thresholds. The Final EIR finds that the Project would exacerbate unacceptable operations at intersection#5 De Anza Boulevard/Homestead Road during the PM peak hour due to increased congestion. Implementation of Mitigation Measure TRANS-4, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure TIZANS-4 could have secondary impacts associated I-46 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 design shall 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 vapor controls or source removal can be incorporated into the ESMP (Mitigation Measure HAZ- 2a). O. Impact HAZ-3: Demolition activities at the project site could result in exposure to hazardous building materials. The Final EIR finds that the Project could result in exposure to hazardous building materials during the demolition of existing structures. Implementation of Mitigation Measure HAZ-3, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure HAZ-3: Hazardous building materials surveys 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 materials building surveys for buildings constructed prior to 1981. Lead-based paint shall be included in all hazardous material surveys.All loose and peeling lead-based paint and ACM shall be abated by certified contractor(s) in accordance with local, State, and federal requirements. All other hazardous materials, such as "universal wastes," shall be removed from buildings prior to demolition in accordance with DOSH regulations.The completion of the abatement activities shall be documented by a qualified environmental professional(s) and submitted to the City of Cupertino prior to the issuance of construction and demolition permits P. Impact HAZ-4: The Project involves hazardous or acutely hazardous materials within 1/4-mile of a school. The Final EIR finds that the Project involves the storage and use of hazardous or acutely hazardous materials within 1/4-mile of a school. Implementation of Mitigation Measure HAZ-4, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure HAZ-4: Implement Mitigation Measures HAZ-1 and HAZ-2. I-45 N. Impact HAZ-2: Exposure of construction workers and the public to existing or previously unknown contamination in soil and/or groundwater, other safety hazards encountered during site grading and excavation activities, or exposure to hazardous materials following project development could result in adverse health effects. The Final EIR finds that the Project could result in exposure of construction workers and the public to previously unknown contamination from soil and/or groundwater due to ground- disturbing activities during site grading and excavation. Implementation of Mitigation Measures HAZ-2a and HAZ-2b, set forth below, which are hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than-significant levels. Mitigation Measure HAZ-2a: Construction at the project site shall be conducted under a project-specific Environmental Site Management Plan (ESMP) that is prepared in consultation with the RWQCB. The purpose of the ESMP is to protect construction workers, the general public, the environment, and future site occupants from subsurface hazardous materials previously identified at the project site and to address the possibility of encountering unknown contamination or hazards in the subsurface. The ESMP shall summarize soil and groundwater analytical data collected on the project site during past investigations;identify management options for excavated soil and groundwater, if contaminated media are encountered during deep excavations; and identify monitoring, irrigation, 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 or known 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 health and safety provisions for all workers potentially exposed to hazardous materials in accordance with State and federal worker safety regulations;and 3) designate personnel responsible for implementation of the ESMI'. Mitigation Measure HAZ-2b: For areas at the project site with potential residual VOCs in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. These areas include the northwestern corner of the site at the Hewlett-Packard Building 42 area and the I-44 M. Impact HAZ-1: Upset and accidents involving hazardous materials releases and transport and use during construction activities could result in adverse effects to public health or the environment. The Final EIR finds that the Project could result in adverse effects to public health or the environment if upsets or accidents involving the release of hazardous materials occurs during construction activities. Implementation of Mitigation Measures HAZ-1a and HAZ-1b, set forth below,which are hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than-significant levels. Mitigation Measure HAZ-la: The contractor(s) shall designate storage areas suitable for material delivery, storage, and waste collection. 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 labeled and stored in accordance with applicable local, State, and federal regulations. In addition, an accurate up- to-date inventory, including Material Safety Data Sheets, shall be maintained on-site to assist emergency response personnel in the event of a hazardous materials 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 shall be repaired promptly at an off-site location. Secondary containment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. Mitigation Measure HAZ-1b: Emergency preparedness and response procedures shall be developed by the contractor(s) for emergency notification in the event of an accidental spill or other hazardous materials emergency during project site preparation and development activities. These procedures shall include evacuation procedures, spill 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, or development activides. 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 Draft EIR Section V.G, Hydrology and Water Quality, for additional detail). I-43 drainage and dewatering design. This report shall be completed as a condition of approval of the vesting tentative map or adoption of the development agreement. K. Impact GEO-2: Damage to structures or property could result from expansive or corrosive soils. The Final EIR finds that the Project could result in damage to structures or property from expansive or corrosive soils. Implementation of Mitigation Measure GEO-2, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure GEO-2: The design-level geotechnical report shall include recommendations for foundations and improvements, including sidewalks, parking lots, and subsurface 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 specifications set forth in the design-level geotechnical report shall be implemented as a condition of project approval. L. Impact HYD-1: Development of the project could result in localized flooding impacts due to inadequate storm drainage infrastructure. The Final EIR finds that the Project could result in localized flooding impacts due to a reliance on inadequate storm drainage infrastructure. Implementation of Mitigation Measure HYD-1, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure HYD-1: As a condition of approval for construction 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 requirements, including the ability to convey a 10-year storm event, as storm 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 inadequate to convey a 10-year storm 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 maintenance, repair, and other liabilities associated with the improvements. I-42 materials. If the human remains are of Native American origin, the Coroner must notify the Nadve American Heritage Commission within 24 hours of this identification. 'The Native American Heritage Commission will identify a Native American Most Likely Descendant to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods." J. Impact GEO-1: Occupants of the development proposed as part of the project would be subject to seismic hazards. The Final EIR finds that the Project would subject occupants of the development to seismic hazards. Implementation of Mitigation Measure GEO-1, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure GEO-1: Prior to the issuance of any site-specific grading or building permits, a design-level geotechnical report shall be prepared and submitted to the City of Cupertino 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 appropriate building code, as adopted by the City of Cupertino. Examples of the kinds of measures that would typically be used to meet these requirements include pile-supported foundations, use of pre-stressed concrete materials, slab reinforcement, compaction specifications, drainage requirements, use of control joints, and 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 for the geotechnical and soils report shall be met: • 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 of Mines and Geology recommendations presented in the Guidelines for Evaluating and Mitigating Seismic Hazards in California. • Design review for the project shall include evaluaHon of fixtures, furnishings, and fasteners with the intent of minimizing collateral injuries to building occupants from falling fixtures or furnishings during the course of a violent seismic event. • All design criteria and specifications set forth in the design-level geotechnical report shall be implemented as a condition of project approval. This report 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 subgrade preparation,fill materials and compaction specifications, retaining walls and concrete pavement specifications, and I-41 The project applicant shall inform its contractor(s)of the sensitivity of the project area for paleontological resources. The City shall verify that the following directive has been included in the appropriate contract documents: "The subsurface of the construction site may be sensitive for paleontological resources. If paleontological resources are encountered during project subsurface construction and a paleontologist is not on-site, all ground-disturbing activities within 25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Paleontological resources include fossil plants and animals, and such trace fossil evidence of past life as tracks. Ancient marine sediments may contain 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, horse, and bison. Paleontological resources also include plant imprints, petrified wood, and animal tracks." I. Impact CULT-4: Ground-disturbing activities associated with site preparation and the construction of building foundations and underground utilities could adversely affect Native American skeletal or cremated remains. The Final EIR finds that the Project could adversely affect Native American skeletal or cremated remains due to the ground-disturbing activities associated with site preparation and the construction of building foundations and underground utilities. Implementation of Mitigation Measure CULT-4 set forth and adopted below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than-significant levels. Mitigation Measure CULT-4:If human remains are encountered during construction, the project shall implement Mitigation Measure CULT-2a(archaeological monitoring) to identify and treat any human remains that may be present. In addition, any human remains encountered during project ground-disturbing activities shall be treated in accordance with California Health and Safety Code Section 7050.5. The project applicant shall inform its contractor(s) of the sensitivity of the project site for human remains. The City shall verify that the following directive has been included in the appropriate contract documents: "If human remains are uncovered,work within 25 feet of the discovery shall be redirected and the County Coroner notified immediately. At the same time, an archaeologist shall be contacted—if one is not already on site—to assess the situation and consult with agencies as appropriate. Project personnel shall not collect or move any human remains or associated I-40 "If prehistoric or historical archaeological deposits are discovered during project activities, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations regarding the treatment of the discovery. Project personnel shall not collect or move any archaeological materials or human remains and associated materials. Archaeological resources can include flaked-stone tools (e.g.,projectile points,knives, choppers) or obsidian, chert,basalt, or quartzite toolmaking debris;bone tools;culturally darkened soil(i.e.,midden soil often containing heat-affected rock, ash and charcoal, shellfish remains, faunal bones, and cultural materials);and stone-milling equipment(e.g., mortars, pestles,handstones). Prehistoric archaeological sites often contain human remains." Adverse effects to archaeological deposits shall be treated in accordance with Mitigation Measure CULT-2a. H. Impact CULT-3: Ground-disturbing activities associated with site preparation and the construction of building foundations and underground utilities could adversely affect paleontological resources. The Final EIR finds that the Project could adversely affect paleontological resources due to ground-disturbing activities associated with site preparation and the construction of foundations and underground utilities. Implementation of Mitigation Measure CULT-3, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure CULT-3: Should paleontological resources be encountered during project subsurface construction activities, all ground-disturbing activities within 25 feet shall be redirected and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. If found to be significant, and project activities cannot avoid the paleontological resources, 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 report to a paleontological repository.Public educational outreach may also be appropriate.Upon completion of the assessment, a report documenting methods,findings, and recommendations shall be prepared and submitted to the City of Cupertino for review, and (if paleontological materials are recovered) a paleontological repository, such as the University of California Museum of Paleontology. I-39 Mitigation Measure CULT-2a: The project applicant shall retain a qualified archaeologist to monitor project ground- disturbing activities. Prior to project ground-disturbing activities, the archaeologist shall prepare a Monitoring Plan for the project. The Monitoring Plan shall include: (1) a review of historical maps, photographs, soil inventories, and 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 used in the event that archaeological 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 being evaluated. Monitoring shall continue until,in the archaeologist's judgment, cultural resources are not likely to be encountered. If deposits of prehistoric or historical archaeological materials are encountered during project activities, all work within 25 feet of the discovery shall be redirected until the archaeologist assesses the finds, consults with agencies as appropriate, and makes recommendations for the treatment of the discovery. If avoidance of the archaeological deposit is not feasible, the archaeological deposits shall be evaluated for 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 deposits shall be 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 at a curation facility. Upon completion of the assessment, the archaeologist shall prepare a report to document the methods and results of the assessment. The report shall be submitted to the City of Cupertino and the Northwest Information Center at Sonoma State University upon completion of the resource assessment. Mitigation Measure CULT-2b:If archaeological deposits are encountered during project subsurface construction when an archaeological monitor is not present, all ground- disturbing activities within 25 feet shall be redirected and a qualified 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 of the project area for archaeological deposits. The City shall verify that the following directive has been included in the appropriate contract documents: I-38 educational uses determined 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 following character-defining architectural elements of the barn shall be substantially visible from a public right-of-way or(if the barn and/or its surroundings are publicly-accessible) a public viewpoint, per the discretion of City staff: 1) size/scale of barn;2)board and batten siding(including windows, if possible); and 3) roofline. • The Glendenning Barn shall be relocated by a qualified structure-moving company with experience moving 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 character-defining features at its new location,including its form, proportion, 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 photographic documentation of the move and a historical context for the barn that describes the resource's significance in local history. Copies of this documentation shall be offered to local libraries and local historical societies, and submitted to the Northwest Information Center at Sonoma State University. • The Secretary of the Interior's 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 historic properties: preservation, rehabilitation, restoration, and reconstruction.Depending on the nature of the barn's use at its new location and its current condition, one or more of 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 off-site location and on the project site. The plaques shall include 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. G. Impact CULT-2: Ground-disturbing activities associated with site preparation and the construction of building foundations and underground utilities could adversely affect archaeological resources. The Final EIR finds that the Project could adversely affect archaeological resources due to ground-disturbing activities associated with site preparation and the construction of building foundations and underground utilities. Implementation of Mitigation Measures CULT-2a and CULT-2b set forth and adopted below,which are hereby adopted and made conditions of project approval,would avoid or reduce these impacts to less-than-significant levels. I-37 relocation: • The following character-defining architectural elements of the barn shall be substantially visible from a public right-of-way, per the discretion 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 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 reference the area's historic agricultural roots. • The Glendenning Barn shall be relocated by a qualified structure-moving company with experience moving 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 character-defining features at its new location,including its form, proportion, 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 photographic documentation of the move and a historical context for the barn that describes the resource's significance in local history. Copies of this documentation shall be offered to local libraries and local historical societies, and submitted to the Northwest Information Center at Sonoma State University. • The Secretary of the Interior's 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 historic properties: preservation, rehabilitation, restoration, and reconstruction.Depending on the nature of the barri s use at its new location and its current condition, one or more of 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 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 a location where the public can view the information, not necessarily on the barn. MitigaHon Measure CULT-1b (off-site relocation): The Glendenning Barn shall be relocated off the project site to a new site within Cupertino, subject to the approval of the City. The lead agency shall ensure that 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 shall apply to the barn's relocation: • The new site for the Glendenning Barn shall include open space and/or land that can be converted to such use. T'he amount of open space shall be sufficient to reference the area's historic agricultural roots. Appropriate uses of the new site could include I-36 significant levels. Mitigation Measure BIO-3: Replacement/compensation of all protected trees shall be undertaken in 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 Report for the Apple Campus 2 Project, 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 to the satisfaction of the Community Development Director.Protected trees that are damaged or removed during construction or roadway improvements shall be subject to replacement/compensation according to the City's tree protection ordinance. However, replacement for removed trees subject to the City's Protected Tree Ordinance shall be consistent with the requirements of Chapter 14.18 of the Protected Tree Ordinance. Trees that have been identified as being suitable for transplantation shall be relocated in accordance with the Tree Transplant Schedule approved by the Community Development Director. F. Impact CULT-1:The project would relocate the Glendenning Barn, a designated Historic Site under the City of Cupertino General Plan and a historical resource under CEQA. The Final EIR finds that the Project would cause the relocation of Glendenning Barn, a designated Historic Site under the City's General Plan. Implementation of either Mitigation Measure CULT-1a or Mitigation Measure CULT-lb, depending on whether Apple elects to relocate the barn on-site or off-site, as set forth below, which are hereby adopted and made a condition of project approval,would avoid or reduce this impact to less-than-significant levels. Mitigation Measure CULT-1a(on-site relocation): The Glendenning 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 the Corporate 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 Central Plant,near the southwestern property line of the project site. This site is unacceptable to the City because it would be difficult to allow for the barn to be visible from a public right-of-way. The lead agency shall ensure that 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 shall apply to the barn's on-site I-35 Main Building and North Tantau Structures • From outside most buildings, glass often appears highly reflective, reproducing habitat and appearing attractive to some birds. To limit reflectivity and prevent exterior glass from attracting birds, the project shall utilize low-reflectivity glass (7 percent reflectivity, 0 percent ultra-violet transmittance). This low-reflectivity glass shall be used for the entirety of the building's glass surface (not just the lower levels nearest trees where bird collisions may be the most common) to provide additional avian safety. • The Main Building shall include 10-foot-wide awnings at each story(or a similar feature) to create "visual noise"by covering 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 inechanical equipment shall be covered by low-profile angled roofing so that obstacles to bird flight are minimized. • Interior light"pollution" shall be reduced during evening hours through the use of a lighting control system. Main Parking Structure and North Tantau Parking Structures • The above-grade parking structures shall be designed with open-air fa�ades. No glass shall be utilized so birds can access open through-passages. Corporate Auditorium/Corporate Fitness Center • To limit reflectivity and prevent exterior glass from attracting birds, the project shall utilize low-reflectivity glass (7 percent reflectivity, 0 percent ultra-violet transmittance). • Interior light"pollution" shall be reduced during evening hours through the use of a lighting control system. • The Corporate Fitness Center shall include 5-foot-wide awnings (or a similar feature) to create "visual noise"by covering windows and muting image reflections E. Impact BIO-3: The proposed project would result in the removal of trees that are protected under the City of Cupertino's Tree Protection Ordinance, and could thus conflict with a local policy or ordinance protecting biological resources. The Final EIR finds that the Project could conflict with a local policy which protects biological resources due to the removal of trees that are protected under the City's Tree Protection Ordinance. Implementation of Mitigation Measure BIO-3, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- I-34 Mitigation Measure BIO-1: A qualified biologist shall conduct 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 surveys are 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 prior to the start of pruning, construction, or ground disturbing activities. Preconstruction surveys shall be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped.Locations of active nests containing viable eggs or young birds shall 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 identifiable fencing, such as orange construction fencing or equivalent) around each nest site as determined by a qualified wildlife biologist,taking into account the species of birds nesting on-site and tolerance for disturbance. In general, exclusion zones shall be a minimum 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 season to identify signs of disturbance or to determine if each nest no longer contains eggs or young birds. 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 reduced by the project biologist only in consultation with CDFW. The protection measures shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. For any project-related activities involving the removal of trees during the nesting season, a report shall be submitted to the City of Cupertino and CDFW once per year documenting the observations and actions implemented to comply with this mitigation measure. D. Impact BIO-2: New buildings that would be developed as part of the project could result in bird collisions. The Final EIR finds that the Project could result in bird collisions due to the construction of new buildings at the project site. Implementation of Mitigation Measure BIO-2, set forth below,which is hereby adopted and made a condition of Project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure BIO-2: The project sponsor shall incorporate the following design features (developed through a review of bird-safe design guidelines) into the project to reduce bird collisions: I-33 Implementation of Mitigation Measure PLAN-1, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure PLAN-1: The project sponsor shall implement one of the following options: a. Provide sufficient funds for the acquisition of 1.1 acres of property by the City for future park development;or b. Agree 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 would be publicly accessible. B. Impact PLAN-4: The proposed project would not be consistent with the identification of the Glendenning Barn as a Historic Site in the General Plan. The Final EIR finds that the Project would not be consistent with the identification of the Glendenning Barn as a Historic Site in the General Plan. Implementation of Mitigation Measure PLAN-4, set forth below, which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. Mitigation Measure PLAN-4: Implement Mitigation Measure CULT-l. C. Impact BIO-1: The proposed project may result in the destruction or abandonment of nests occupied by special-status or non-special- status bird species that are protected under the Migratory Bird Treaty Act and Fish and Game Code. The Final EIR finds that the Project could result in the destruction or abandonment of nests occupied by bird species that are protected under the Migratory Bird Treaty Act and Fish and Game Code due to the construction and operation of the Project. Implementation of Mitigation Measure BIO-1, set forth below,which is hereby adopted and made a condition of project approval,would avoid or reduce these impacts to less-than- significant levels. I-32 some impacts may still occur.Therefore, this impact would remain significant and unavoidable. Mitigation Measure AIR-3: Implement Mitigation Measures AIR-1 and AIR-2. CC. Impact PSU-2:The proposed project would contribute to a shortage of park facilities for City residents and would preclude the development of an open space trail through the project site. The Final EIR finds that the Project would contribute to a shortage of park facilities for City residents by precluding the development of an open space trail through the project site. Implementation of Mitigation Measure PSU-2, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less-than- significant level. This mitigation measure would provide for specific ways to minimize the potential for impacts to the availability of future facilities for City residents;however, impacts could still occur. Therefore, this impact would remain significant and unavoidable. Mitigation Measure PSU-2: Implement Mitigation Measures PLAN-1 and PLAN-3. VI. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FINAL EIR THAT ARE REDUCED TO A LESS THAN SIGNIFICANT LEVEL BY MITIGATION MEASURES MADE CONDITIONS OF PROJECT APPROVAL The Final EIR identifies the following significant impacts associated with the Project.It is hereby determined that the impacts addressed by these mitigation measures will be mitigated to a less than significant level or avoided by making these mitigation measures conditions of project approval. Pub.Resources Code �21081(a)(1).)As explained in Section X,below, the findings in this Section are based on the Final EIR, the discussion and analysis in which is hereby incorporated in full by this reference. A. Impact PLAN-1: The proposed project would change the designation of a 1.1-acre portion of the site designed Parks and Open Space, and would reduce the acreage of land designated for future parks in the City. The Final EIR finds that the Project would change the designation of a portion of the site from Parks and Open Space,which would ultimately reduce the acreage of land designated for future parks in the City. I-31 (which include diesel particulate filters) or are certified to meet the U.S. EPA "Tier 4 Interim" standard for particulate matter emissions. Equipment that will meet U.S. EPA "Tier 2" exhaust emission standards but will not be equipped with California "Level 3 Verified Diesel Emission Control Strategy" shall be limited to: o Scrapers 623G o Scrapers633B o Four of the six proposed Scrapers 657G • 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. AA. Impact AIR-2: Operation aFl�e proposed project would generate air pollutant emissions that would exceed the BAAQMD criteria and could substantially contribute to a violation of air quality standards. The Final EIR finds that operation of the Project would generate pollutant emissions that would exceed BAAQMD significance criteria and may substantially contribute to a violation of air quality standards. Implementation of Mitigation Measure AIR-2, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less-than- significant level. This mitigation measure would provide for specific ways to minimize the potential for air quality impacts due to the operation of the Project;however, some impacts may still occur.Therefore, this impact would remain significant and unavoidable. Mitigation Measure AIR-2: AIR-2: Implement Mitigation Measure TRANS-9b (which requires Apple to expand its TDM Program and increase the reduction in peak hour trips from 28 percent to 34 percent). BB. Impact AIR-3: Construction and operation of the proposed project would result in a significant cumulative net increase in criteria pollutant emissions. The Final EIR finds that the Project would result in a significant cumulative net increase in criteria pollutant emissions due to the construction and operation of the Project. Implementation of Mitigation Measure AIR-3, set forth below,which is hereby adopted and made a condition of project approval,would reduce these impacts,but not to a less-than- significant level. This mitigation measure would provide for specific ways to minimize the potential for air quality impacts due to construction and operation of the Project;however, I-30 • Construction equipment idling times shall be minimized either by shutting 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 shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with the manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior 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 take corrective action within 48 hours. The BAAQMD's phone number 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. • Vegetative ground cover(e.g., fast-germinating native grass seed) or other plants that offer dust mitigation measures shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established. • The simultaneous occurrence of excavation,grading, and ground-disturbing construction activities on the same area at any one time shall 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 the tires, shall be washed off prior to leaving the site. • Sandbags or other erosion control measures 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,Rule 3: 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 contractors shall use equipment that meets ARB's most recent certification standard for off-road heavy duty diesel engines. • Excluding the following equipment, ensure that all diesel-powered off-road equipment used on-site meets U.S. EPA "Tier 2"exhaust emission standards, and that engines are equipped with California ARB "Leve13 Verified Diesel Emission Control Strategies" I-29 CT gl[t AQQ�g�C��QpATING�eR�GRAM ht O N1T�R1NG A� Ori pilTiG��l �pate Completedl Ti�,ing gl�natuYe �rES. �NC• » orsibleraxtYl L5� ASSgERAZRj3 y`CS� A�tion 5 E Y T E M onitoring Im lementing rrOCedure M P Measure 1Viitigarion tified as being �den Srall be �ate: tha�.have been of time tra�sPlantationth�he Txee Emay be g nted by ie: Suitable for a�coxd�'ce To�ed by the unl�}' Slgnatu relo�ated in edule app Srall (11`�'e Comm the�lrector of lant S�h ent DirectoT. t Department 'Transp pevelo m xo e�k SponsoT De�elopn'en ra�e mun1tY Corc,x�,unit ESpURCES �1��e p l view and apP C�m ent if C�LTURAL R e d �Te�axe abarn relocation shall re Developm E� _ 'teTZelocationl�� or off- lans fOr the relocat�i�oa°hall rogress T-1a� relocate either an on- Substanna p CUL �n Sl Shall be plan for �at adhereS p de�in$Barn tliat(if the mad�°n � e in Barn verify G en 'S bel�g d C',len folloW g site xelocat�Q�' of�he Site) sites de�thg in �° To�e�t Se�retary specifically on_ the the cated xelocat�on an to one of le Campus 2 p to the tandards f ox relo �isible �re� of the ba���ure W ould be fix�ancia1 s �,vithin d1e ApP Toval YnterioT'S 5 lstoxic as a bon or ect to�he app ent of H� ublic xight`Of�`Nay��T {such site,Sub� ortheast of the Tzeatm £xom a p off- of�Teait)is to tl�e�' South of PTOpexties. in��ude barn is relocated line Clty:1) CenteT� at ti1�e ,I,he plan sh�l also (if the cture,s�haracter- pxo�ided• Cor�orate Fime55 d or 2) ropased Site)�e str� uldbe estead Roa a design a"d p elemex'ts W° �of- East Ho�` termination o� for the defin��K r" pTOposed eastern e location laque, fxom a public rig de�ing �en ae�shall n tbe memoxative p visible �1ewp°int• Jf the Glen p�nexidYe P' com way or public that off- e b tia1 �2}If an on'site relo�ation�S Srall vexify ga�n is located �amptons.Tl� d oten to the plans C2)�e Ci�y to the Secon p ApPle' inlple�ex'ted, of the barnhas Site,xelocation xelocated enhfied b`I the �e reloca�ion and fundin� on site id t neat t�ie shall adhexe to hfied mented in tim�n� er tre Telocati Ce�txa�.P1�� criteria iden been docu Would be p the west of the ropexty line of tihe relocation Ce with t�'e �rleasure South�vestem p table tt atioxl accordan S o£Mitigation texrn���t e una�Cep �M�. Y ,�e pro}ect �„ent �ls site is ouldbe �LT-1a. are visual pxOVisiox� De�elop project site. shall prep Measure CU�'T�1� Agxeemen�. vecause it w e ow that to the City tY�e barn��b SponSOr allow foT that sh ht-of-way• Simu�ations difficul��O ublic r'g �ould be baxn a �6 visible f2O e y Shall ensuTe that�' the visible from ^�e lead ag itigate oT Substaz�tially n,easutes to m es to lit-o f-wa . adopted Vexse cl�ang ublic ri nificantf a enforCeable avoid sig the reso"rce are ECT E1R O� p,p4LE C REPORTiN� pR�C'RAM DItTIGATION �tONl'CORING AP1D •pate Co�pletedl Tlming gl�natute t N c. oxtsible I'aT�yl LSA nssoc�nZOi3' ReSP ACtiott pate: s E eT E MB E R onitorinK tQ�he issuan�e dure � pxior ImPleme�ting PYOCe ture' of gradin�,� Signa �rleasuYe The CO�`�"urutY artment demalition°ezmits. I v T i t i gation o nSOT s�iall Q evelop�`ent�e h e pTO�ect anc}r P ��pxoject sp tliat occup compensate the sha l l ensuxe laces! The D1Tector o f entl�ompensarion of replace or trees Sponspz rep C,ity for all CommuavtY lacem en Totected Bip-3:ReP Sy�all be undettak e Clty�ox�1 p emoved compensates the oved ox �elop�'enti maY trees o£th damaged oT r �rees xem �e tension all pTatected wath the Review �o�e�t �xotected allow��ex ort for the du�ng the p ed during the �Shall e�t to in accoYdan�e exiod damag eriod� e subj Axborist Rep d City ce of tim 1 Consolidatedus 2�TO�e�t an �onstru�tion o�form� th� rioT to construction P commenda{ions of Ap��e CamP xequlremen�S'p generally i ed Exhibit EA�2a verlfy that suitable a al COde tion• ith a��a��` ith the tatior�sltes r °e Ye � ultin$ Municip construc w e w �anSPlan the C'tY S�ons tiation of o�ed�,,litivn the and in accoYdan� identified. the iru uni�Pal been p,rboxist and e�datiox�s� p,rborist Cu ettino M e Rec°n'm Consolidated City of pter 14.18. `� �he txees a�propriate of the le Cam'pus 2 Code Chap Subsri�tions to cial Sure� geaiew the P'pP �ro}ect spons°r shall ensure gxhib1t EA-2a finu h as a bo�d ox a Repozt for �ct xesults in O� ldentified� d Subje�t to tt'e ts as modified by�Yteto�he that the pxO� �ay be allo�e of�xedl�,�foT at least 1,7 Pro)e�� ents ta IZesponse oris� net ln�rease of of the Cityrs leteework rema���'g. p,d�ustm Co�solidated Arb A the prO�e�t Site, xeview th of the a{��e lting ArbOrist and a�'d trees an g ev1Qx pex EIR Plan�e�ommended fOr wliich shall co�sist°iate COnsu b D�Tectox of val y tY'e R p TTees ate appTOp appxO Development. �eview of the �e Ca�P and clim Com�'un't�' us Txaz�sP�ant at tl�e.Ap� ented to t�'e Species• � anl af the CO'n�`u�itY pro}ece sh trees pTOtected satisf actiome��DiTector• duTing pevelop ed oT Lemoved that are damag a ction or rOa��e subject�o constru ents S�`a�'1 b im� e�satiox�accoxding TOVem �ce• er►tl�omp oxdin xep�acem xotection Cit s txee p t for remp°ed to the y placemen Ho.N,ever,Te the City's Protected 15 b'ect to hall be c°ns'stent trees su J tex 1�.�8 Tree OrdinanCe S erts��C11ap ulxem e pxdix+ax�Ce•'Txees vaith tY'e reQ of the PxOte�ted Tre APPLE CAMPUS 2 YROPROGRAM MITIGATION M ONITORING AND REPORT{NG 4SA ASSOCIATES, INC. Da e SEP'CEMBER Zp�3 leted/ Responsible Partyi Timing Comp Signature Implementing ProceduYe Monitoring Action Mitigation Measure through the use of a lighting control system. Main Parkin Structure and North Tantau Parkin Structures , The above-grade parking structures shall be desi assshall be open-air fa�ades.I�o S utilized so birds can access open through-passages. Cor orate Auditorium Cor orate Fimess Center y �revent . To limit reflectivit and exterior glass from attracting birds,the project shall utilize low- reflectiviey glass(7 percent reflectivity,0 percent ultra-violet transmittance). Interior light"pollutiori' shall be • reduced during even'ng hours through the use of a lighting control system. . The Corporate Fitness Centex shall include 5-foot-wide awnings(or a similar feature)to create"visual noise"by covering windows and muting image reflections. 14 C T E�� Ape�E D R eO��,NG QR�Gpp,M AN A11T�G����N M�����R��� ,pate Coinp�etedl Slgn�tuYe 'timing le�'axty' �espo�sib A�tlan T ES,�N�� Monl�Ot"'Y, �SA ASSB�RAZ�j3 �zo�edure g E Y�E M le�e�tl�� 1mp notied in MitigatlO"Measux be eXplicitly lans• ixds•TO lin�it bu�ld�ng az'd Site P ,�1� b e to s°�'eTevent extexior al o�cupa�`�b��t attractive e to fin Srall su and p . blxds,tY` pT'�T onSOT that the Yefle�ti�ity attzacti�& Teflectivity pr��ect sp lass frOm e 1°`N� t attestix�na�e been g all utili e�ecti�ity�� �e} a rep°T �res prO�e�t SheT�ez� snl1ttan deslgn fea To�e�. �lass l�p ltra��olet tXa�'SS S�,allbe installed as app pexcen{u re� nvl�g�a e� tre '1fi151o`N'tre entixety�£ �a��ust Used for l�ss Surface� building S e�els x�eazest trees S maY be tY�e the 1owex 1 �heze bizd�011ision vide mon)tO pT� ��St c� a1�v�.a�`saf e�'' clude a�d�.tiox� Srall�each sto�' guild�r� �'e Nialwide�wi,ii'g,s atCxeate 1� f a�t i�.ax featuxe�t� �°x a�a noise�b uring i gge v'SU N,S and m v�r'rd° shallbe nans. ts refle�dQOT potted P{�lass . A11 in e d away f T�m ds d°n�� pla�e So tha�bir eta�ion. exime�ez int��he veg mex�t p 13 a�.temoof tz�e��ca�lo���ofile � Ahallbe�O�ezed o t�at Qbsta��es to �oofing iZed' a�g�e d h�aTe mi.nim „ Srallbe b1Yd flig �t„pQlluti°�' �ouxs 1i�ter�Qr l�g zin eve�iX` � zedu�ed du CT EIR AQQLE �AMpORT1N6 YAOGAAM RtN G p,ND RE MpN1T0 AtITIGATtON �pate Completedl r.ssoc�nTES. �N�� 1ePaxtyl Timing Signatuxe �sr. �a�3 Responsib s�pT E m B�R onitoYing Action Implementing Procedare M Nlitigation �rl,easure exclusion zone may �e zadius of�'the projectbiolog�st i� determined t°be be in�reased by birds• pxoject activities arethe nesting adversely affecting Zones may be reduced bY Exclusion ist only in �he projectbiolog �,rith�'�W•`�'e consultation ain in protection rneasuxes S haav left�he nest til the young oT�he effect un independently and are foraging �ox any nest is no longex active• volvin$t�'e pro�ect-related activities he nesting trees during itte�tio re�oval of Date: �ort shallbe subm W once featureS shall season, a re and CDF �esign of Cupertino orated into a�re: the City the obsexvations Si� munl�, be incoxp it per yeax documentu'g comp1Y The Com e artment exm �e�ented to Shall t D p the bullding P ana a�tions imp .�e�roject sponsox �pevelopmen ittal. ation lreasuxe. City building eTif that the Subm with t�s'niti onsor shall SuUmit to the the shall v ybuilding plans 2 �1e pro]ect s�' aesign that incotporate Submitted Safe featuTes letter BI� ' following lans res bixd- Cextification ed orate tre h a review P featu in�lude the rovid incorp ed�hrou� Specific design ln Mltigation Sha��be p develoP into ln Nlitigation ldentified� final features� uidelines) ide�tified Z ln�ludin$ BI0�2. pxioI to of bird-safe design� b�xd collisio�s' Measuxe BI�" � ertain Measure o���an�y, ject to xedu thoSe features that p the PrO exational or Noxth Tantaa to 1��oox ok� Su�h as n featiures, Iviain Buildi» an desig ��lghting)• Stru� S, lass plantings� 12 o�tside most building g �e$e desi�n features Shall . From � xef1ec�iVe� often aPPears rig�'y earin xe rodu�in habitat and a �T g(R AP4�E �gBppRT1NG�YR�GR�M p11TLGATION TtONITORiNG AI`�D �pate Completedl Timin� Slgnatuxe oc�nTes. �N�. onsiblepa�y1 s���sMBE R zo�3 �es� p,ction onitorin� Im lementing,rTOCeduxe M � ation N1easure it 1Vlitig oY Sral�subm project spons �e repotts nests annual�omplian of active birds calendaT yeaT ed.L�cations oun� £ox the prior �FW if st°pp viable e&�S oT y containing and pxotective ests t°thea re emo ed dur�ng shall be desczibemen�ed u�til�he n tTees measuTes in'p tain eg�s°�y �un�' the nesting Season. n�longeT con easures Shall bixds.Pxote�tive m t of�leaTlY in�lude establishmen 1 e, Zo�,es(�� • d eXClusionuely identifiable delineate b unlq ction de�,axcated as oTange const-ru Such around each fen�ingj e uivalent) b a qualified fen�ing°T aeterrnlned y a��ount nest site aS lst �aki�.�g in�o biolog nestinY°n"51te wildli£e rbanCe,In the sPecies of b�de for distu and theix tolerar Zones Sk'allbe a general,exclusio feet from the dr'p m1nimUm�f 300 ox�est£ox xaptoxs of the nest txee and other line asserineS N,ithin�' and 5p feet for p est sites Species.The a�tive n toxed ox� e shaou�h u he nestin� ex�lusionbas 5 thx ce a�veekly S o f di s�r b a n to iden tt f Y si g n nest n�lon gex seasox► if each ot to d e texm S or oun b i rds. �ontains e 11 ROlECT EIR APPLE CAMPORT1NG PROGRAM pNp [tE pilTlGATION MOIV{TORI1`1G �ate Completed( LsA Assoc�ATES. ���� Timing Signature s�rTEmsEx a,oia ,jZesppltsiblePattyl Mo���o�n��,ction ��plementingProcedure easuresPLAN�1! Sigr►a�re' M easure 2 PLAN-3� PLAN-2,PLp'N_3, Nlitigation NI �,LAN-1,PLAN- f 1 PLAN-2�PLAN-3, PLAN� 1,PLAN-2�PLAN-3� and CULT-1• and CULT-1• �rleasuxes PLAN" ' and CULT-1• and CULT-1• AESTHET�CS B' ni 'cant Aestlleties iz}t acts. There are no si Da�e: pppULATIONf USING acts. priox to the issuance � rnent,and Housi�z i�' olition C' ENT,AND H �1��e CommunitY re' EMPLOY� ulation, E�n lo of dem S�gnatu Would e artment �exm�ts and There are�iQnGICAL�RESOVRCES �evelopment D p BIOL (1�If constxuct��ttesting exiodically�°��tOx eriodically D, ist shall occur during shall p hout project BI�-1:A qualified biolog runing, Februar�'1{o constru�nOn activities at{hat thTOUg e S rior to tree p round season� �he�ro�ect lantation,g August 31�, �ox�stxuction. conduct sur� Y p pro}ect site and��n lrm oval,transP ction aPPrOpxiate nest exclusion txee xem or�onstru Sponsor shall ensure that lace. �2�A�ual activities� t�ction surveys orts disturbing . e e gs�r pre-cons oxe�,han measures are in p lian�e rep activities on the site to locate active ducted no m Z .�e Ciry shall r�view t�'e �omp eithex��a�� � are con tart of ( ) oxts to bmitted to suTVeys tiox to the S �,�al compliance x pof nest shall be su nests containing 14 dayS p �uning the City no l�atex birds.Preconstruction tree tiree p the adequac y°ung for tree removal, oval, �onfirm that ge tember 30'" uited tree ren' activities in �han P aTe not xeq activities ction s and confirm ction oT constru survey rotection o f each year. p�nl�g,or constru eriod.If riate nest p esting p a�y axea. outside the n dux���thet 2�'I"�e prQject sponsor shall approp would occur US { measures areimp�eme�ed. construcn°n 1 to Aug �hat rotective Successfu1��Y season(�eb�a� all be ensure p nesting ctian suxveys sh reconstxu da S prior measuxes axe establ�h Sdime 31),p �s{s during ore than 1`� ction, active n conducted n��' constru rotective to the start of pruning� an�{that these p U�axly distuxbing activities. �easutes are xe$ ox gzound s shallbe til monitored. Preconstruction Suirit xvals un the (3}No later thanFebTUary �� repeated at 14-day ear,the as been initiated in �5th of each constructioVh ch surveys can be ared after LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 TIITIGATION AfONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature 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 to carry out the project,the trail would be subject to further environmental review and subsequent approvals.The potential future trail would connect to the project-related bicycle lane improvements on North Tantau Avenue and Vallco Parkway.The east-west connection would be publicly- accessible and would be used for commutin and recreation. PLAN-4:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date: Measure CULT-1. CULT-1. CULT-1. Measure CULT-1. Si ature: PLAN-5:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date: Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2 and PLAN-3. Si ature: PLAN-6:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date: Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2 and PLAN-3. Si ature: A. LAND USE LU-1:Im lement Miti ation See Miti ation Measures See Miti ation Measures See Miti ation Date: 9 E�R AYP�E� R YoR�,NG YROGRpM AN n1tT��`'���� M�����RiN� a�e � letecl( � C° e �i�inY, Signatu� le paztyl �esponslb A�tlox� Manitoring LSA ASSB�RAZO 3•'"�' P�o�eduYe SEYT�`� i�plen�e�'ting MeasuYe Mitigat'On ax�wa� as fe��ees zeG�eatlonal P l.ug1�lig,Y`w�1 a So le as a natv�z its ro dl�i�is111r'g Toute; tari°��' �a�spot al TecTea�loral . A�di��� cl�as`'�ateY taclesr ��enities s`a d tzasY`TeCeP �ountal�`S a� a�,emen�' t11e . Ap�r°���ts tr�r��e��n d tzeaek a dI�T�a�e��a�dl�Y gUaxd cze ti'�e{ex���z'�a���eriue De��ra ta aZas , Nort11`�ar` ez Calab xails�n e brid�e°V ovez I�'�g4 alO��'tr d tl�e bz�dge eets an m C�d w�exe weay tl�ati ref ez�he e V a11 c�e k a d Stre��ween�he e e� n d Ur, �ear�O a reltzail etiO o� creek��d in t�e a f�Class I �,2 Xt�ally S�d�,of h t s-of- S b �2�Q,��Q`a�ail �Y'e�e zlgthe SepaTare adeq�'`ate,�ha���S pazallel "`'ay e char,z`el be�,e�n dra'riag u�d�'2g� d��' d to SOti De A�a$�a�d tren SO"th N� Ciee Ca�aba�as CT ElR pPPLE C REppRT�NC' pAOGRAM b1IT1GATfON b10PilTORING AND Date Completedl Tin,�ng glgnature oc�ATES, ►��� onsib�era�Y' SEPTENt6ER 2013 �t.esp A�tion onxtorinY, Im lementingPrO�edure NI Cl�},. P ent sY►all collect �ing is De�artm for a Timi��o�fun Mitigation Measuxe be used to the �Z�p,000 tos�dy o�a�ull ect to terms of �Tallco Park`Nay azas the Sub� ent of Calab feasibilx e arated trail,in the pevelopm Tan�au Avenue� e ��tersectionding an Class 1 p Mitigation zeement. S�d�s�en vaest along the n�Tth sid Cxeek ix►c�.0 ation ecifie riate combin °f aTea Sp d in �e City Ag and tl��co Park�'�'aY to tk'e Creek. appT�p amenities Measure PLP'N 3 nding,as of v a the iden�ified llghting� ly other� of Ca�abaz�� srall supp lands�aping to undertake the intersecta ng shall account f�r (e.g_, neecled, �ls fun rest areas�re�reational d shall activelY collaboxation s�udy �` deS�g,n' ties}. 1 stxu�tion°f tY'e planr►ing, ameni on5Or sh� e con ana main e�an�e of �e pro�ect sp Puxsu ible• vaith o�'ei aY ��trail �2) fund,in tY`e su� �ail if feas �onstruction oute. e artially ibility stu y the alternate tixail T ation of t�' �25�,000,a feas combin I Se�arated s1ia11 in�lude a �hat zeference af a full Class of-wa� vaing features where rights" follo Creek: tta�l, alo�g tl�'e Calabazas a�e adequate, at rus's . Si age along the r�ute a�el th gn draina�e�southb�und 1-280 in�luding bOth m a P s a�'d a n d parallel�No x t h�e P'x�za wayfinding l �reekhabita k betwee�' d Calabazas infotmatian on Boulevard aT' th along ecolog�'i S that Cxeek,and the�SOU te planting esternbank°f . ApmlOp Teek_side hab en�e pp nt tCa a aZas CTeek to V allco �' eax Tef pxovidea�in Sidep�rt�ons Patkti'aY. between�.Y`e cTeek- of the trail an d tre tzail detour tv,,l�erevex possib�e)% . Special pedestxian scaled l�grting� tables at�rail � . Rest areas ox picnic S a�ong�Ioxfh �ntexsectio� and V allco Tantau AvenUe .� EtR APyI'E C�EPORTING PR�GRAM pLiTIGAT►�N AtONiTOR1NG AND �pate Completedl Tlmi�� Sl�,ature pC1ATE5,t��• �espQns'b1e�aTtyl ggPTEMgER Zo,3 Action onitvring Im lementing PY°�edUre M P 1Vlitigativx� Measuxe ent at the I-2$�ramps env�ronm oad); and p1,AN-3(to with wol£e R C�abazas constTUCt ax�altexn�te tTail). Creek pedestrianlblke Dlsabilities mer��an�,vith f. Update A S at tl�e folloWl�'g A ramp on Act(AD V allco Ma�l°ver�ass lo�atio wol�e Rpad��°r thb�U�`d at I-280 s°uth �voTth v.Talk NoxthwolfeR�a datedcross on-ramp,�n'ithuP North�Nolfe ing;narthb�'�nd rampf with stxip narth on" 1,,�est goad at I-280 S�1 ingt crosswalk �' at pate: updated W olfe Road tio entering oxth priox Slde of� ue�and mun1�Y ix���a stxeet S�gnatuxe� exidge Aven at Prun �orth W olfe R�a� The Com e attment irnpxOVement S�uthbound vvith onsor shall �Developn�ent D p off-ramp, e�YO�e�t Sp a�Tee�,en�, I-280 s�uth Stti in � ���Th �d�ublic W oxks d ds or crosswalk d construct a a�l xeview a�' ln�ludingb�n � date� �TQ�ect sponsOT Shall fund an �ke altemate DepaTtment s1� �uct an uxety to N 3: e lans to�ans other S PLA �.►easutes to pedeStxianlb from approve p tee the en�t�1e followin� as trail extending ike Uaran implem o�the City, �eek on o£Nozth alternate pedestrian(b ork g enti,tY'e tez$ecti d shall w impXOVem the satisfaction uTe N-3: the�.� e and czeek trail az� o�sox t� ro�e�t sponsOr Shall �x�FiY T��tau Avenu the pxO�e�t sp its P illus�ra�ed♦ ct to the Creek,S°uth t� �,�rith lans d�onstxu Calabazas o�bo�h the necessary ptra 1• have P a. Fund�' the City a paxkti'ay, a�quire of the a��roved by tY'e c{ion o£ �reek �]allco f or cor►stru�tion satisfa alternate oTthTaY'tau �,�Toxks b pedesttianlbike Sldes of N d then�'`1eSt ����e PUblic txail extend�`g fx°�'the tau P,venue,� of Noxtl'Tan t�ie noxth side of pruneridge Avenue� alon$ in�erse�e and on both Avenu arkWa , sQUth to�T a11co P T gIR pYPLE B�EYOg'T[NG�QR�GRAM nt o PIIT�R�N� A� ptIT1GATI�N Date Completedl Timing Signatuxe �N�� sib�e ra�'I TES. eg O� SEYTEMBER���t3 �" � �Ct1011 Im lementingpxO�edure M priitO�ng P n y�easure Niitigatio ��,NS-28, TRANS-23, N-3• enities. ,�NS_29 ai�d P�GA d eaestrian an' ct A�A cle an P t6�Fund and constru b'�y es,Pedestxian ents blke �ard �f ramp improVem ubmitted lan c. EnhanCed Yails� tre s £e�cing,r g ed �den�fied in pa�.hs, edeStxian-sca� feasible),and p stalled alOn�th� plar►s• hting shall be ln bridge ovex 1- lig olfe Road Noxth W 280. �d pedeStxian d Qthex bicycle as g �isibility Sucl� h lii jf ame�ties, edestrians cxosswalks,"yield t�P leadi�g�edestrian signa�er n��tied inter°als at sig�d othex publically intexsecrioxts� b�cycle accessible amenities(e•�•' �es,attractiae racksr ben ted��gh��g'��d orien the�ro�e�t site pedestxian-g,along installed.`�1ese lands�aP all be to perime�er SY` designed am��`�ries shall be the safety and odes impTO`'e of altexnative n' attxactivex�ess �,icinity of the of txa�el�ithin�he �xo�e�t site. ationNleasuxes Imp�e�'ent M�tag Ns-28(�o e� �p,Ng-23 and TRA at the 5 edestrian Safety impzOVe p dJProje�t A��ess �oxthwolfe RT�NS-29(to intersection)� txian enhanCe tl.�e edes �T ElR ppPLE C REypRTiNGOpR�GRAM 1N G A N� � {T pR MpN 1�tiTIGAT10 �ate Campleted� � TiminY Sig,natuYe ►x�• onsible�'a�'Y TES. Resp �SA ASSOCIA�p13 ACtLO� SEYTEMBER Manitoting bo�ds oT otrer Implemen�ingPYO�eduxe Lth otheT S�xety to guaxantee emen�s ents• Measure consistenti w rov the impxO�em lviitigation stx��t and transportation'maTea and 1 Fund,�On �S of real osed fox the Subject edesexian, � � e dedlcatio PrOp lans lea�e�° {2)F�nding allbike��' provid neCessary) �at the p bike, S o�the Toperty<<'`There aps foT d to texm main�enan�e)�and sidewalk ht- P edeStrian, �onnectivity P d�sable De�relop�1ent lands�aping, the�ub1ic xig for allbike,P e�,t. ents�� ,a�d Side�'aalk pedesttiat�a�oTt. p,gTeem impxOVex" all pz�Perties landscaping the public trans� along pex'son estead �mp�ovemen�S 11' o f"`nraY East Ho�` along all boundedb�' venue� right-of-ti'aY dedb�,East Noxth Tantau� orth W olfe pxapexties b�un goad, �d N North Parkwa�'r �-�omeStead R�ad, V allco �,,�rexe{he V a��co goad.�In 1�o�atiox�s d.acen�to Tantau p'penUe� W olfe en�s are a l wa f andN°rth impr°Qe�' ast project ark Y propezty t^'ith aesign details sl�all �' goad. ap�rov�s,�Y,e Qther ���F�d�,d constzu�a �,vith�l Sche�,e along be consistent ToVedby the finding east-West impr°�emex'ts a�'p Waye�hre altexx�ate ect site. C�tY• finding the a�ou�d the pxo} ated�n'ay-od,uced along loop d�d cons���t b A coordin �aneS e Shall be in� west loop �e���ed bike sche�' east- a�hs,fen�ing� th�entire al�ernate �ast edestrian� NoTthwolfe R a vallco Park�a'ayj p uard Yails(lf feasible)j and � W ay_ g S��e���$htin$ �omesteadR�a ' Avenue)• edestri�'" an�N�rth Tantau e designed � the N°xth W olEe R°ad �age shaUb along 28p. ding Slg Tesidents, ver I_ fin bxid�e° to oYient visitoxs and attxactions, d�d�onstru�t ting them ta�xea ax�d bic�rcle (�)�u� �l.e and Pedestrian poix� edestxian oTtan other bl� � entified 1T` zetail areas,P and otY'er 1mP en�ties,aS id access zoutes, �Shal�a�so be am m�tted pl�s' 4 desrinations�S�g those on�pOt°x tY'e sub Mitigation Measuxes designed�O direct • e to the Safestbicycle and �5� ee onbik well as othex edestxian routes'as REPORTINGOYROGRAM AYPLE CAMPU S Z IlLITiGATION MONITORING '��Q Date tN c. CQmpleted( LSA ASSOCIATES, Timi�g SEPTEM6ER 2013 Signatuxe Responsible Paxty/ Implementing pYOCeduTe Monitoring A�tion 1Vlitigation Measure Funds to be p aid as Date: irector of Public Works 'rhe D� indicated in the Signature: LICY onsor shall Development Iv PLANNING r� -�e project sp shall either: onsox shall ent'°r p,greement• PLAN-1:�1e�r��eC�sp either: en�o f (1)Collect the paYm the folloWln� t1�pay the Depaxtm 2 Receive a dedication of 1.1 implement one of , orks,the amount ( ) ro eT�,,to its options: pUblic W evelo ment acres of p P ro erty stated in the D satisfaction. the City a. Provide suffi fi11 acr s of p t P p1 reement for the rovided, acquisition o � of the park or If funds are p uxsue tt'e by fihe City for future park a�quisition d shall actively p designate,a� and development of develop�ent�or ��,�Purchase, design ro e�t unless other dedicate 1.1 acx'es°f park sJ?ace.If the p J b Agree to purchase( dedicate currently owned by property to the City•�e onsor chooses{O u1zes for property designate,and property to be acquired ox Sp it ownsla�9 Ap�le ls pxoposed), properry 1.1 acres ur ose,the location has purchasedbh{he Clry and this p P the City dedicate to the Ci�Y as Paxks and approved y be to be apprp°ed by e�sewhere in the City me�t table„#he C'ty ect to the and�,�accep ppen Space�subj suitable for duse aspazk j,,iith the Planning the City,pTO�ided and ongoing shall woxk Cou�cil satisfaction of ublicly �e City shall take Commission and City d would be p Space. as the lan t existin�and �o designatie the prQPerty accessible. into accoun for neighbor- p en Space in the future need parks and p I7ate: hood and City-Wide park ,S zonin Ma • �1�prior to entering C� orks DepaTt- Space. Tlie Public W �n�o a street Si�ature: .�e project sponsor shall i�, Tovement J�ns for�1e n'e�t shalllans for the bicy�le p e roject sponsor sha11 a�prove p agreement,the PLAN-��T� p �easures to submlt detailed p edestrian ortation roject sponsor shall imple�1e�t the following transp and p �ans the City: i�provennents identified in improvements identif'�AN 2 have p �he satisfaction of where easure PLAN-2• Mi��ation Measure P roved by the construct,and, Mitigation Mhe ro�ect y that the app a, Fund, p .�e Caty shall verif Cl N,h��]z includes rovide dedicatiox1s�f In addition, �ans are necessary,p ln��uding�os{s for submltted real property� Sponsor shal�� 3 planning,�esign,eo�stzu�tion and 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 MMRI'.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 far 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. 2 EXHIBIT EA-2 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 Quality Act(CEQA)1 and Section 15091 of the CEQA Guidelinesz 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 environxnental impacts during project implementation.This MMRI'will not only direct the implementation of mitigation measures by the specified responsible parties,but also facilitate the City's 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 �The California Environmental Quality Act is found at Public Resources Code Section 21000 et seq. Hereinafter, the MMRP will refer to the Public Resources Code sections of CEQA as"Section[number]of CEQA." 'The State CEQA Guidelines('`Guidelines")are found at California Code of Regulations,Title 14,Section 15000 et seq. 1 515745.1 I-82 6. Apple has agreed to install an additional separate fiber optic conduit along Wolfe Road between the 280 Freeway and Homestead Road, in order to accommodate City's usage. This will improve the City's communication systems related to traffic signal operations at no up-front cost to the City. 7. Apple has agreed to fund signal preemption throughout the City,beyond its obligations under CEQA,which will improve emergency response times, provide benefits to the entire community. Based on the entire record, including the EIR and the Economic and Fiscal Impacts report, the specific economic, social and environmental benefits of the project, as stated above, outweigh and override any significant unavoidable environmental effects that would result from future project implementation. The Council has determined that any significant environmental effects caused by the Apple Campus 2 Project have been mitigated to the extent feasible through the mitigation measures identified herein and adopted and made conditions of project approval, and,where mitigation is not feasible,has been outweighed and counterbalanced by the economic, legal, social, technological and other benefits of the Project, including region-wide or statewide environmental benefits. XIV. SUMMARY 1. Based on the foregoing Findings and the information contained in the record, the City has made one or more of the following Findings with respect to each of the significant environmental effects of the Project: a. Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effects identified in the Final EIR. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other public agency. c. Specific economic, legal,social, technological, or other considerations,make infeasible the mitigation measures or alternatives identified in the Final EIR that would otherwise avoid or substantially lessen the identified significant environmental effects of the Project. 2. Based on the foregoing Findings and the information contained in the record, the City determines that: a. All significant effects on the environment due to the approval of the Project have been eliminated or substantially lessened where feasible. b. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations, above. I-81 H. The Development Agreement will result in substantial additional public benefits, including the following: 1. Although the Housing Mitigation Fee and Construction Tax are not typically paid until the issuance of building permits, and even in that case, only for the project phase for which the permit was issued, Apple has agreed to pay (a) two times the adopted housing mitigation fee in the City's 2013-2014 fee schedule for net new square footage associated with the project as housing fund contribution, and(b) the construcHon tax for the first 2.4 million square feet of construction no later than thirty-one (31) days after the Effective Date of the Development Agreement. These up-front payments will significantly accelerate the timing for the City's receipt of these funds. 2. Apple has agreed to include requirements in its contracts with significant general contractors performing work at the project site to cause Construction Sales Tax arising from purchases of materials,fixtures or equipment for the Project to be allocated to the City,to the extent allowed by law, thus maximizing the tax revenue collected by the City. It is anticipated that this will result in a direct benefit to the City's General Fund in the amount of about$12 million. 3. As described above in Section XIII.G.4, the City and an Apple subsidiary have an existing Tax Consulting Agreement that results in certain sales tax in California being allocated to the City. The Development Agreement both extends that Tax Consulting Agreement and reduces the percentage of compensation paid to the consultant from 50%to 35% on new local tax revenue amounts over$250,000. 4. If Glendenning Barn is located off-site, Apple will provide about$2.64 million as payment for land, cost of repairs and to maintain and conduct capital repairs over at least a 20 year period. 5. A 1.1 acre portion of the project site is currently zoned for public park use, although a park has not been built and the land is currently developed with a parking lot.Apple has agreed to pay$8,270,994 to the City,which constitutes sufficient funds to acquire 1.1 acres of park land, improve it with park equipment and provide a maintenance and capital replacements endowment for twenty (20) years. As a result of the Project, the City will have adequate funds to purchase, construct and maintain a new park. Alternatively,instead of providing funds to purchase a park site,Apple may acquire a 1.1 acre park site acceptable to the City and dedicate it to the City. I-80 5. Over the past five years,the number of Apple employees based in Cupertino increased at an average annual rate of 18 percent.The Economic and Fiscal Impacts report used a growth rate of 10 percent when estimating that 7,400 employees will be hired between June 2013 and the completion of the Project in 2016, resulting in a projected total company employee count of 23,400 by the time the Project opens.Without the Project, due to the limited capacity to grow in Cupertino, many of those new jobs could go to other surrounding communities.With the project, Apple will be able not only to remain in the City,but also could accommodate significant new growth into the future. The Economic and Fiscal Impacts report finds that Apple also indirectly creates jobs.Apple currently generates approximately 12,100 jobs indirectly, and the Report anticipates that there will be over 25,000 jobs indirectly created by Apple in Santa Clara County, which will bring the total number of Santa Clara Countywide jobs supported by Apple to more than 40,000. 6. Retaining and intensifying employment at the project site also will result in indirect fiscal and economic benefits to Cupertino, such as increased spending and sales taxes in the City due to the proposed increase in employees on the project site, transient occupancy taxes paid by Apple visitors, and sales tax generated from retail expenditures of Apple employees living and working in Cupertino.Direct, indirect and induced effects of the project will increase Apple's annual employee income and expenditure potential in the greater Santa Clara County from approximately$2.7 billion (in 2012) to$3.9 billion including the expenditures from growth in jobs predicted by the Economic and Fiscal Impacts Report(upon completion of the project). In addition to employee spending,company purchases create additional jobs, income and expenditures for Cupertino and broader Santa Clara County region. In 2012, Apple made$4.6 billion in purchases from over 700 businesses located within Cupertino,Santa Clara and Sunnyvale alone. In 2010 and 2011,local purchases and the number of vendors used by Apple increased at average annual rates of 36%and 26%, respectively.The multiplier effect of these purchases on the larger supply chain is substantial. In 2011-2012, Apple generated approximately$5.9 billion of gross sales for non-Apple businesses in these same cities. The Economic and Fiscal Impacts report estimates Apple's increased employment to generate an additional $2.7 billion in local business revenues in Cupertino, Sunnyvale and Santa Clara, for an annual total of$8.6 billion. 7. The Project will generate one-time Construction Tax to the City totaling about$10.7 million, and will result in a significant number of short term jobs during the construction period, including 9,200 high-quality and high-paying construction jobs, as documented in Apple's AB 900 application. I-79 2. The Project is a significant redevelopment of outmoded office parks, and it represents a major investment on the part of Apple. The Project will provide stability and predictability for the development of future facilities, encouraging Apple to continue its growth within the City.As such, it is expected that Apple will remain on the site and in the City for a long duration, contributing to community prestige and stability. 3. Keeping Apple's company headquarters in Cupertino and further expanding its operations in the City will enable the City to maintain millions of dollars per year in sales tax revenues and significantly increase Apple's contribution to property, sales, and other taxes. 4. In FY 2012-2013, Apple paid$9.2 million in annual tax revenue to the City's general fund2. The largest single component of Apple-generated revenues is certain sales taxes in California. In fiscal year 2011-2012, these taxes totaled $6.5 million.Under the terms of the Project's Development Agreement, the existing Tax Consulting Agreement between the City and Baz Industries, Inc. (an Apple subsidiary),which is scheduled to expire in 2014,will be extended (until the expiration of the Development Agreement) and amended to reduce the percentage of compensation paid to the consultant from 50%to 35% on new local tax revenue amounts over$250,000. By 2016, the sales and use taxes generated by Apple is estimated to be about$13.7 million, of which about $9.3 million would be paid to the City's general fund. In 2012,Apple generated approximately$25 million of local property tax revenue, which helps to fund City municipal services as well as the Cupertino and Santa Clara Union School and the Fremont High School Union Districts, the Santa Clara County Library, the Central Fire Protection District,Santa Clara County, and other local service/taxing agencies. The project is expected to generate an additional$32 million in annual property tax revenue to local public agencies, with total recurring property tax revenues from Apple to local public agencies expected to exceed$56.5 million each year. Recurring annual sales tax revenues to the Santa Clara Valley Transportation Authority ("VTA") will also be substantial. VTA tax revenue results from voter- approved initiatives that levy a 1.125 percent tax on taxable sales. Apple's existing Cupertino facilities generated$1.3 billion of taxable sales in 2012, yielding over$14 million of annual tax revenue to the VTA.Upon project completion, it is estimated that Apple will generate an additional$1.1 million of VTA tax revenue, for a total anticipated annual VTA tax revenue of$15.4 million. z Economic and Fiscal Impncts Generated by Ayple in Cupe��tino-Current Fncilities a�id Apple Camyus 2,Keyser Marston Associates(May 2013).This report sets forth other economic benefits not detailed in this summary. I-78 installation, powered by 100 percent directed biogas,will have a capacity of 6 MW. (d) For construction related greenhouse gas emissions, ARB concluded that Apple will fully offset such emissions by participating in California's Direct Access program. E. The Project will foster the development and use of efficient transportation systems by including an enhanced Transportation Demand Management(TDM)Program designed to reduce the use of single-occupancy vehicles, improve transit amenities in the vicinity of the project site, an area already well-served by transit, and improve the overall existing bicycle and pedestrian environment on surrounding roadways. Apple will expand its current TDM Program to achieve a 34 percent alternative mode participation rate (which is, a 6 percentage point peak hour trip reduction and an increase of 21%over and above its existing TDM alternative mode participation of 28%) and associated peak trip counts at full buildout and occupancy. The expanded TDM program includes elements such as:expanded Apple coach services areas and frequency, improved off-campus bicycle infrastructure, prioritized walking and cycling options,new transit Center,new parking monitoring system,expanded bicycle-sharing program,electric vehicle charging stations, among other strategies. F. The Glendenning Barn,which is a listed historic resource, is located on the project site,but it is not publicly accessible and minimally visible.While it is a resource that has the potential to enable citizens to connect to the City's agricultural past,it currently does not perform that function due to its location.As a result of the Project, Apple will relocate the Barn either on-site in a publicly visible location or elsewhere in the City to a publicly accessible location. Apple will also renovate the Barn consistent with the Department of Interior Standards, resulting in an improved structure. G. The Project will have the following economic benefits,which will promote policy objectives in the Land Use/Community Design Element related to economic issues, including maintaining the vitality of business and manufacturing,existing major companies within Cupertino, a strong tax base, and the City's fiscal well-being, which are found in General Plan Policy 2-40 (Maintaining the Vitality of Business and Manufacturing),Policy 2-20, Strategy 3(Diversity of Land Use,Major Companies), Policy 2-42 (Revenue Analysis of Office Developments), and Policy 2-44 (Maintain Cohesive Commercial Centers and Office Parks). 1. Apple is the City's largest employer and taxpayer. The current inventory of office buildings available in the City will not accommodate the company's continued expansion.Therefore, the project will enable Apple to meet its current and future business needs in Cupertino. I-77 4. Create hi�h-wa�e,highlv skilled jobs that pay prevailing and living wages: Sections XIII.G.5 and XIII.G.7,below, identify the numerous direct and indirect jobs related benefits of the Project, including but not limited to high- wage, highly skilled jobs that pay prevailing and living wages. 5. Not result in anv net additional emission of greenhouse �ases,including from em�loyee trans�ortation, as determined by the State Air Resources Board ("ARB"�:After conducting an independent review of the information submitted by Apple, on June 14,2012, the Air Resources Board adopted Executive Order LP-12-002 making a formal determination that the Project will not result in any net new greenhouse gas emissions, a determination that was reconfirmed on Apri129, 2013 after considering Apple's updated application to reflect minor modifications to the Project. In making that determination,ARB found that,without the Project, the existing buildings on the project site would likely be re-occupied at their full occupancy, as had been the case in the past.Therefore,ARB determined that the appropriate "baseline" to assess net greenhouse gas emissions is the emissions associated with the existing buildings as if they were fully occupied. ARB's independent analysis determined that while the "fully occupancy baseline" would cause greenhouse gas emissions in the amount of 54,482 metric tons of carbon dioxide equivalent per year (MTCO2e/year), the Project's emissions are expected to be 38,258 MTCO2e/year. That is,ARB found that while the employee capacity of the project site will increase from 9,800 employees to 14,200 employees, greenhouse gas emissions are expected to decrease by 16,224 MTCO2e/year. In reaching this conclusion,ARB reviewed all of the Project's sources of greenhouse gas emissions and took account of the Project's following innovative approaches to reducing greenhouse gas emissions: (a) Apple's commitment to net zero energy for the Project,which will be achieved through a three-tiered strategy, combining efficiency and conservation, on-site renewable energy from solar panels and biogas sustained fuel cells, and off-site renewable energy through Apple's participation in California's Direct Access program for commercial customers and from the purchase of renewable energy credits. (b) ARB found that there will be a reduction in energy use by at least 30 percent compared to a typical commercial development through energy efficient, green building design. (c) For the onsite generation of renewable energy, ARB projected that the solar arrays will have a capacity of 12 MW and the on-site fuel cell I-76 C. The Project will replace predominantly non-native tree species with predominantly native species, and result in the planting of several hundred fruit trees on-site. The total number of trees will increase from 4,506 to at least 6,200, and the trees will primarily consist of native trees, as well as other climate appropriate species. Additionally, it is anticipated that fruit from the fruit trees will be used at the on-site restaurants as a sustainable use of the land.The increase in the number and quality of trees will have beneficial biological impacts by providing improved habitat for avian species. D. Pursuant to the jobs and Economic Improvement Through Environmental Leadership Act, also known as AB 900, the Governor designated the Project as the State's first"Environmental Leadership Development Project" in recognition of its innovative and leading environmental attributes, as well as its economic and job- producing benefits. The City finds that because the Project meets each of the requirements to qualify as a Leadership Project pursuant to Public Resources Code Section 21180(b) and 21183, as described below, the Project provides significant benefits to the City of Cupertino and its residents, the region and the State. In order to qualify as an Environmental Leadership Development Project, a project must meet the following criteria: 1. Be certified as LEED silver or better bv the United States Green Building Council:By achieving a LEED silver or better certification, the Project will replace the existing outmoded and inefficient buildings with more energy efficient office and research and development buildings, and ancillary buildings, that include state-of-the-art green building elements, thereby reducing energy demand, water usage and hazardous materials, among other benefits. 2. Achieve a 10-percent�reater standard for trans�ortation efficiencv than for comparable�rojects: One of the challenges faced by Cupertino and the region is how to meet the demands of growing companies,while minimizing congestion. The City finds that while the Project may have significant traffic related impacts, it is a significant benefit that the overall "transportation efficiency" of the Project will be more than 10-percent better than comparable projects due to implementation of the Transportation Demand Management Program, as described in Section XIII.E,below. 3. Result in a minimum investment of one hundred million dollars ($100,000,000�: The Project will result in an investment that far exceeds $100,000,000,which, as discussed in more detail in Sections XIII.G,below, will have direct and indirect fiscal benefits to the City and economic benefits to the entire region. I-75 freeway segment operating at LOS F.Following comments received on the Draft EIR, additional study of freeway segments was conducted, and this impact was refined to include more freeway segments. The percentage of project traffic in the newly identified segments would not exceed the percentage of project traffic identified in the previously impacted segments.As a result, the intensity of the impact has not increased. For these reasons, there is no new significant impact or substantial increase in the severity of this significant and unavoidable impact;therefore, recirculation is not required. XIII. STATEMENT OF OVERRIDING CONSIDERATIONS As set forth above, the City has found that the Apple Campus 2 Project will result in project and cumulative significant adverse environmental impacts related to air quality, land use, planning policy, public services and utilities, and transportation and circulation that cannot be avoided following adoption and implementation of mitigation measures described in the EIR and made conditions of project approval. In addition, there are no feasible project alternatives that would mitigate or avoid all of the Project's significant environmental impacts. Section 15093(b)of the State CEQA Guidelines provides that when the decision of the public agency results in the occurrence of significant impacts that are not avoided or substantially lessened, the agency must state in writing the reasons to support its actions. See also Public Resources Code Section 21081(b). Having balanced the economic, legal, social, technological or other benefits of the Project, including region-wide or statewide environmental benefits, against its significant and unavoidable environmental impacts,the City finds that the project benefits outweigh its unavoidable adverse environmental effects, and that the adverse environmental effects are therefore acceptable. The following statement identifies the reasons why, in the City's judgment, specific benefits of the Project outweigh the significant and unavoidable effects. The substantial evidence supporting the benefits of the Project can be found in the preceding sections of these Findings, in the Project itself, and in the record of proceedings as defined in Section XI, above. T'he City further finds that each of the project benefits discussed below is a separate and independent basis for these findings. The reasons set forth below are based on the Final EIR and other information in the administrative record. A. The Project will occur on an infill site in an existing urbanized area in Cupertino and will result in regional environmental benefits,because it will not require the extension of utilities or roads into undeveloped areas, and will not directly or indirectly lead to the development of greenfield sites in the San Francisco Bay Area. B. The project site is currently built up with outdated and outmoded buildings surrounded by dozens of acres of surface parking.The Project will consolidate all buildings and provide parking in underground and structured parking facilities, resulting in an increase in pervious surface from 42 acres to approximately 109 acres. This increased pervious surface will reduce stormwater runoff, reducing flows to the sewer system and improving water quality in the nearby Calabazas Creek. I-74 documents relating to public hearings on the Project,by reference,in their entirety.Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, project and cumulative impacts, the basis for determining the significance of impacts, the comparison of the alternatives to the Project, the determination of the environmentally superior alternative, and the reasons for approving the Project. XI. RECORD OF PROCEEDINGS Various documents and other materials related to the Apple Campus 2 Project constitute the record of proceedings upon which the City bases its findings and decisions contained herein. Those documents and materials are located in the offices of the custodian for the documents and materials,which is the City of Cupertino Community Development Department, Cupertino City Hall, 10300 Torre Avenue, Cupertino, CA 95014-3202. XII. NO RECIRCULATION REQUIRED State CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when "significant new information" is added to the EIR after public notice is given of the availability of the Draft EIR but before certification. No significant new information was added to the Draft EIR as a result of the public comment process. The Final EIR responds to comments, and clarifies, amplifies and makes insignificant modifications to the Draft EIR. The Final EIR does not identify any new significant effects on the environment or a substantial increase in the severity of an environmental impact. Therefore, recirculation of the Final EIR is not required. At Caltrans's request, the Response to Comments Document contains information on freeway on-ramp queuing due to ramp metering.On-ramp queuing is generally not considered a CEQA impact,but rather an operational consideration. The City reviewed six metered freeway on-ramps to determine if further operational analysis should be conducted. Increased queuing at only one location, the southbound I-280 on-ramp at Lawrence Expressway,would warrant ramp improvements. In the PM peak hour, the existing queues extend the length of the on-ramp. Because the Project would add a considerable amount of traffic to this ramp, Caltrans requested that the project sponsor provide additional capacity by adding an HOV preferential lane.The increased queuing would not lead to capacity or intersection impacts, so the increased queuing does not represent a significant impact according to CEQA. Therefore, recirculation is not required. The City will continue to work with Caltrans to determine the operational queuing considerations for this location. Although not a CEQA impact, the City of Cupertino will require the Project to fund improvements to the on-ramp as a Condition of Approval, because the addition of project traffic would increase ramp queues. The Draft EIIZ identified in Impact TRANS-22 that the Project would have a significant and unavoidable impact on the level of service of freeway segments because the project would contribute more than 1 percent additional traffic to 10 mixed flow segments and one HOV I-73 happen with the Reduced Density Alternative. As for the project sponsor objectives, a primary objective is consolidating its employees in a single distinctive office, research and development building, and supporting facilities,but the Reduced Density Alternative would significantly limit the number of employees who could be located at the new campus.Several other key objectives identified above would not be met, or to a much lesser extent. For these reasons, the Reduced Density Alternative is considered infeasible and is hereby rejected. E. Environmentally Superior Alternative CEQA requires EIRs to identify the environmentally superior alternative.The No Project Alternative would be environmentally superior in the strict sense that environmental impacts associated with its implementation would be the least of all the alternatives analyzed in the EIR, including the Project(although the traffic impacts of the No Project Alternative would be greater than the Reduced Density Alternative). In cases like this where the No Project Alternative is the environmentally superior alternative, State CEQA Guidelines Section 15126.6(e)(2)requires that the EIR"also identify an environmentally superior alternative among the other alternatives." As discussed in Section IV.F of the Draft EIR, the Reduced Density Alternative would be the environmentally superior alternative among the other alternatives. In particular, the Reduced Density Alternative would avoid or reduce significant traffic,noise, and air quality impacts due to lower levels of employment on-site compared to the Project.The Reduced Density Alternative could also be constructed in a shorter timeframe than the Project, resulting in reduced construction activity and reduced construction impacts related to traffic,noise, air quality, and greenhouse gas emissions. The reduction in operational traffic impacts is particularly important,because increased traffic affects most members of the community and is one of the key concerns identified by the community during the EIR scoping session. The Reduced Density Alternative would reduce local employment growth by moving this growth elsewhere in the region.Although the growth not accommodated in Cupertino would also generate traffic, and associated air quality, noise, and greenhouse gas emission impacts, these impacts on a per capita basis could be reduced if Apple were to locate the additional employees in a transit hub like parts of San Jose and San Francisco. Because the Reduced Density Alternative would reduce traffic and associated impacts compared to the other alternatives, it is considered the environmentally superior alternative for the purposes of analysis under CEQA. X. INCORPORATION BY REFERENCE These findings incorporate the text of the Final EIlZ for the Project, the Mitigation Monitoring and Reporting Program, City Staff Reports relating to the Project and other I-72 The Reduced Density Alternative would reduce local employment growth by moving the Project's growth elsewhere in the region. Although the growth that is not accommodated in Cupertino under the Reduced Density Alternative would also generate traffic and associated air quality,noise, and greenhouse gas emission impacts, these impacts on a per capita basis could be reduced if Apple were to locate the additional employees in a transit hub such as parts of San Jose and San Francisco. The Reduced Density Alternative would not achieve the following City project objectives: • Encourage the retention of Apple's corporate headquarters in Cupertino within a world class corporate campus. • Allow for the expansion of Apple's operations while enhancing the physical environment of the project area and being sensitive to community needs. The Reduced Density Alternative would not fully achieve many of the project sponsor's objectives for the Project, including the following: Primary Objective: • Create an innovative and beautiful campus near Apple's Infinite Loop facility that consolidates Apple's engineers and support personnel in a single distinctive office, research and development building, and supporting facilities.The purpose of consolidation is to promote shared creativity and collaboration and spur invention of the next several generations of Apple products. Secondary Objective: • Create a campus that reflects Apple's business and design practices, and allows for a long-term presence in Cupertino. The following project sponsor objectives would be achieved,but to a lesser extent than the Project: Secondary Objectives: • Create a campus plan that incorporates flexibility to respond to Apple's future business needs. • Enhance the City's tax base. • Improve traffic circulation while avoiding measures that would unduly restrict employment growth within the project site. Although the Reduced Density Alternative would reduce impacts, this Alternative is rejected as infeasible because it would not achieve numerous City objectives,both for the City and Apple,including retaining Apple's headquarters in Cupertino,which might not I-71 the same operational significant and unavoidable impacts. Further,the Reduced Construction Alternative would not provide some of the Project's environmental benefits. For example, the Reduced Construction Alternative would include substantially more surface parking and would have greater impermeable surface. For these reasons, the Reduced Construction Alternative is considered infeasible and is hereby rejected. D. Reduced Density Alternative The Reduced Density Alternative would reduce the effects of the Project on the transportation system(and achieve other environmental benefits)by reducing employment at the project site.Under this alternative,the Main Building would be reduced in size and the project site would accommodate 8,000 Apple employees (6,200 fewer employees than would occupy the site as part of the Project and 1,800 fewer employees than would occupy the site as part of the No Project Alternative). This alternative would result in a total of approximately 2.2 million square feet of office, research, and development uses(compared to approximately 3,420,000 square feet under the Project). Similar to the Project, the segment of Pruneridge Avenue within the site would be vacated, allowing for the development of a unified campus. Overall building site coverage would remain approximately the same as the Project. To accommodate the 6,200 employees that would otherwise be located at the project site, Apple could construct one or more additional campuses at other locations. While no off-site locations have been identified at this time, a key consideration would be proximity to regional transit systems,particularly if the campuses are located in the Bay Area. For example, Apple could consider a location in San Jose (currently home to 24 percent of Apple's employees) along a light rail line or a location in San Francisco (currently home to 13 percent of Apple's employees) that is well-served by Bay Area Rapid Transit(BART) or Caltrain. Greater proximity to regional transit systems would enable Apple to achieve a higher level of TDM participation than the level currently contemplated for the Project. Furthermore,in developing any new campuses, Apple would retain its commitment to renewable energy and no net new greenhouse gas emissions. The Reduced Density Alternative would require the same entitlements and approvals as the Project. The Reduced Density Alternative would avoid or reduce significant traffic, noise, greenhouse gas, and air quality impacts due to lower levels of employment on-site compared to the Project.The Reduced Density AlternaHve could also be constructed in a shorter timeframe than the Project, resulting in reduced construction activity and reduced construction impacts related to traffic,noise, air quality, and greenhouse gas emissions. The reduction in operational traffic impacts is particularly important,because increased traffic affects most members of the community and is one of the key concerns identified by the community during the EIR scoping session. I-70 • Enable a commuting culture where thoughtful site planning and regional connectivity coupled with a robust TDM program prioritize transit and active commute modes. • Exceed economic, social, and environmental sustainability goals through integrated design and development. • Create a campus that reflects Apple's business and design practices, and allows for a long-term presence in Cupertino. • Minimize use of potable water through the use of drought tolerant landscape,water efficient fixtures, and recycled water, if available as a result of projects now under consideration, and improve runoff quality by increasing permeable surfaces. In additional, the following project sponsor objectives would be achieved,but to a lesser extent than the Project: Primary Objective: • Achieve the security and privacy required for the invention of new products by eliminating any public access through the site, and protecting the perimeters against unauthorized persons. Secondary Objectives: • Provide on-site amenities for Apple's employees in order to promote employees' health and well-being and reduce off-campus travel. • Provide an on-site venue for the introduction of Apple's new products that will generate surprise and delight, and enable the products to be introduced at Apple's corporate home. • Create a campus plan that incorporates flexibility to respond to Apple's future business needs. Although the Reduced Construction Alternative would reduce short term construction impacts, this Alternative is rejected as infeasible because it would not achieve numerous City objectives,both for the Ciry and Apple. Several Ciry objectives focus on the distinctive design achieved by the Project, including its walkability/bikeability and increased permeable surface,which could either not be achieved, or to a much lesser degree,with the Reduced Construction Alternative.As for the project sponsor objectives, a primary objective is achieving an innovative and beautiful campus that consolidates Apple's engineers in a single building,which could not be achieved with the Reduced Construction Alternative. Other project sponsor objectives would similarly not be achieved, or to a much lesser extent. While the Reduced Construction Alternative would be simpler to construct and could avoid some significant short term impacts,because it would not achieve numerous objectives, including primary objectives, it is considered infeasible.It is also noteworthy that the Reduced Construction Alternative would only avoid short term impacts and would have all I-69 • Encourage the retention of Apple's corporate headquarters in Cupertino within a world class corporate campus. • Allow for the expansion of Apple's operations while enhancing the physical environment of the project area and being sensitive to community needs. • Allow for the location and design of Phase 2 of the Project in a way that is sensitive to surrounding neighborhoods. • Enhance environmental features within the project area, including stormwater quality within the City storm drain system and receiving water bodies. • Maintain consistency with Cupertino's 2000-2020 General Plan and further General Plan goals and strategies for economic development, neighborhood connectivity, and urban conservation. • Provide connections and enhance walkability/bikeability between the project site and surrounding areas,while promoting the mobility of Apple employees and the public throughout the Vallco Industrial Park and the greater region. • Improve traffic circulation, traffic volumes and level of service (LOS) through a combination of consolidation of office locations and additional TDM programs. • Increase the use of landscaping compared to paved parking and thereby enhance the urban environment, reduce impervious surfaces, and reduce stormwater runoff. • Retain and improve bike and pedestrian connectivity between the project site and surrounding areas. The Reduced Construction Alternative would not achieve many of the project sponsor objectives, including the following: Primary Objective: • Create an innovative and beautiful campus near Apple's Infinite Loop facility that consolidates many of Apple's engineers and support personnel in a single distinctive office, research and development building, and supporting facilities. The purpose of consolidation is to promote shared creativity and collaboration and spur invention of the next several generations of Apple products. Secondary Objectives: • Maximize green space, and design this space in accordance with the climate and history of the area. • Create a physically unified campus community that improves internal circulation and eliminates unnecessary access points by consolidating the existing properties within one campus. I-68 Although the Pruneridge Avenue Alternative would avoid the impacts associated with the closure of Pruneridge Avenue, this Alternative is rejected as infeasible because it would not achieve numerous City objectives, including retaining Apple's headquarters in Cupertino, which might not happen with the Pruneridge Avenue Alternative. As for the project sponsor objectives, the primary objective is achieving a secure and private campus, which could not be achieved with the Pruneridge Avenue Alternative. Other important project sponsor objectives would also not be achieved. For these reasons, and as further discussed in the Final EIR, the Pruneridge Avenue Alternative is considered infeasible and is hereby rejected. C. Reduced Construction Alternative The Reduced Construction Alternative would allow for the development of a new corporate campus while reducing impacts related to short-term construction impacts associated with excavation. The Reduced Construction Alternative assumes that the same amount of developed square footage would be constructed on the project site but with a different campus configuration and design that would resemble a traditional office co�nplex, with multiple office buildings and minimal sub-grade building space. The Reduced Construction Alternative is intended to allow for the development of an expanded corporate campus while producing substantially reduced short-term impacts from construction-related noise, construction traffic, air quality, and grading and soil disturbance compared to the Project. Compared to the Project,the Reduced Construction Alternative would increase the footprint of buildings because less interior square footage would be accommodated in sub-grade areas and would decrease the amount of available permeable surfaces.Approximately 64 acres of permeable surfaces would be provided on the site under the Reduced Construction Alternative, compared to approximately 102 acres that would be provided as part of the Project.Similar to the Project, Glendenning Barn would be located either on-site or off-site. The Reduced Construction Alternative would require the same entitlements and approvals that would be requested as part of the Project, although a General Plan amendment for increased building height may be required. The Reduced Construction Alternative would result in less excavation and grading than the Project and, therefore, would reduce construction-related traffic,noise, greenhouse gas emissions, and air quality impacts compared to the Project. However, the Reduced Construction Alternative could increase land use and planning policy, aesthetic,biological resources,hydrology and water quality,noise and greenhouse gas emission operational impacts compared to the Project. The Reduced Construction Alternative would not achieve the following City project objectives: I-67 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION MONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature 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 ro'ect s onsor. TRANS-11:At intersection#41 The project sponsor shall The Public Works Department Prior to entering Date: Lawrence Expressway/I-280 diligently pursue Mitigation shall review plans for the into a street Southbound Ramps, the project Measure TIZANS-1, mitigation measure and improvement Signature: sponsor shall construct an exclusive including seeking approval facilitate discussions with agreement with the eastbound through lane(for a total of from the County of Santa Caltrans,VTA,and the City of Cupertino, one shared left-turn/through lane,one Clara,and,if approved, County of Santa Clara in order the project sponsor through lane, and one right-turn shall implement Mitigation to implement this measure. shall have plans lane),which would improve Measure TRANS-1.The approved by the intersection operations to acceptable project sponsor shall In addition,the City shall County of Santa LOS E+(56.9 seconds).The mitigation provide detailed verify that all provisions of Clara and provide a measure would require the construction plans and shall the Streambed Alteration financial guarantee construction of a new retaining wall construct the mitigation Agreement are met prior to for the mitigation along I-280,since Calvert Road would measure,or shall provide and during construction of ineasure.In the need to be curved to ro erl ali n fundin to the Coun of the im rovement. event that the 52 CT E1R AeYLNDA��p�SR?iNG P►iUGRAM DItTtGAT��N hlON1TORIN G � �ate Ca�plete� Sl�nature Timii'g, cinTes. iNC. onslble raxty( nes Action Asso ,,0�3 Monitori�►& aVeplans SEeTE"'BER shallh ImPlementingprO�ed�re approvedby tY`e iinpleme11�this�'easure Clara City of 5anta Measure rovide a Mitigation in�plementM'tiga�1On andp atantee TR�NS-10.T1�e finan�ial� for the�itigatio� h lane,ard sh�r m Nleae t Spons s11a11 �,th thzoug e �xo roj �T easure' e �r n l �xight't u rn l an EX ress W�y to �To��d e d etailed an d s h all � t t h a t the tht�u�oun awxex��e P p �tion plan even s �L ulevazd. ation pro�ece spon�Or ca northb Creek B° �Qnstru ct the�x�ing te tO t�e d Stevenould��PrO°e � const�' t�vide demonstra ,�,vestboun �D t�}9, or shall p �,ta atian�^' LQ measuTe� Satisfaction of the ,�is initig eratio�s to funding to tl�e Ci�of S of orks ection op ro�ement is d u to a maximu a pub1��W intexs ,�ls imP it woul a, Seconds)• howevex, ing Clata� � desig�an Depalte herbest feasible', of a Tetaln �1276,601)to physire the c°nstru�tion ct either t1�the de p the City of to tre constYU mlhgation efforts, Tequ tions tified S�ta C1aTa will n°t d I�odifica �o a��omx'j'°date �den (2)a�alternate �,,jall an nd appYaach �eas�xe ox� uld ap1jzO`�e�he rn 1ane• vemert`''rY`ich w° mitig�t�On eastbou al left-� �o ehe the addition im�r° ide�tahed n the S a CMP�tersection m�tigate ton o�heCCl�of �ta Clara• �,easuxe,tY'e Qnspz shall ection 1 Cit of S satisf acti publl�w°rks pto�ect sP �1$lntexs e within tY'e wouldbe Cupettino S pTOVide th fundln� ,.I`he proje�t S��rdinate witl��1TA,C'ey pepartment' maximuY" of required tO���a�d othe2 xesponsia to the Ci o be held of S�ta Claxa, the idenrifie Cupettin to a en�le5 t�C��ement at the St��ens in e5�rO`nr until az` � ph.�slcal irnpT° rence altexna e � goule��xdlL��'" t Yoven�en imp ctot9 tO the EX�T Ssway Rarc�ps�eas�texsectiox�is Satisfa S��Ce t�is�n extino`S Cupertino S Cit of Cu intexsectio£�he City of o�guarantee outside Cl�,ca� 51 e wou1dbe �urisdiction,To�en�e"t that the imp FoT thls reason t � uld remain si�'ificar'��`� Constxu��ed. imPact wo u�avO�dab�e. LSA ASSOCIATES. INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION MONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature implement new TDM measures to meet the required 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 costs of Mitigation Measure TRANS-9b,including the cost 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. TRANS-10:At intersection#40 The project sponsor shall The Public Works Department Prior to entering Date: Stevens Creek Boulevard/Lawrence diligently pursue Mitigation shall review plans for into a street Expressway(east)the project sponsor Measure TIZANS-10, construction of the mitigation improvement Signature: shall construct a northbound left-turn including seeking approval measure,and facilitate agreement with the lane(for a total of two exclusive left- from the City of Santa Clara, discussions with VTA and the City of Cupertino, turn lanes,one shared left- and,if a roved,shall Ci of Santa Clara in order to the ro'ect s onsor 50 JECT EIR pPPLE CAMPORT►NG PR�GRAM �►I�iGATION htONITORIN G An� RE �ate Completedi T1zning gi�natuse nssocinTES, inc- lej'axtS'1 ►.sA Zo,3 Respansib sEpT�M$�a Action onitoring If in�e last Implementing Procedure M project. 3 yeats of the 10- Nieasuxe follow-up x'�1Onitoring eriod the peak Matigation within 6d days� year p to develop a uCted ts ate nd hour trip coun �,vith ta a'p ent new (co entation o£new im lem implem that peak Ceeded plan l n cluding lndicates riot ex 5 ha��be measutes)� Still mo�,toxing �M measu r e s C M counts are ditional� hour trip shall cted every the C1tY condu t h o se`�p'a,listed o�P a ge � Measures eet eXCee de d' le a$3 per day txi othez Year. 9:43 of the Dx�t EIR)to m assess App to the Hovaevex,if anY coun�.s• e1�alty tindexed for all orts the required trlp s11a11 P n,eT price IndeX) monitoring xep �iese`�M-�easureS Consu 270 AM peak- for the last 3 years be implem�n�ed bY the trips abOVe 4, d 4,400 that the within bQ �ndicate vehicle trips an peak hour P onsor hour Vehicle t�Ps tri s project sp notified bY the PM peak-hout eriod• days of being eak hour trip the xepaxting p �o�nts ate bein�, Ciry that the p during fees collected eXCeeded, being eXCeeded. p enalty shallbe countS axe �5)Txi P Shall be used tO mOZ,itori�� of the AN� ax� 1f one ox both by�he City N,ide condu�ted o until Ca n d P M peak houx vehicle provide f oz Ci:tY"of,�M �Ual basis i�ple�e�tation eak houT trip trip counts aTe n°t progTams ana impro�emen t the�' ,the pxOlect counts have not ex�eeded of bike and pQdestxian Ceeded for Sponsor shall continue tO been eX tl�e M measureS consecu implement TD f acilities. thTee tain�Y'at �ual Teports. to main compliance. ���X��even after implemer`tation of neve measuxes,the AM` aDd pM peak ho�r vehicle ts are exceeded, txip��u" Shall the pr�Ject sponsor ith t11e Cl�y to 49 n'eet`n' lan and reevaluate the T giR ppPLE C REpOgTiNGOYR�G�AM MOnITORING AND AtiTtGATI�N pate Completedl .�lrning gl�nature pC1ATE5, inc. onsible rax�Yl � Z o l 3 gesp A�tion be held 5�PT E MsE anitoxin� pYOCedaxe M C�pextino�til an Implementing tTi s per vel�i�le p �esczo� no �eak1 yee ,�e City shall ation MeasuTe altexx�a�e 1Vlitig hase .8 °��u�a�cy eb ary 15`�,of xe pew az'd aP�xove t�s impro�eme to the to L�S P (142 la{er than� Satisf actC pexti�o s the project report. eakr�ur City o£ improVe�perations entation of ea�l1 yeax, or PM p ded,the works shall,prp°ide an eX�ee public out implem for �2)If ds with �,�,ould not S onsor �S co axe � eet De e�,t is seCOn � e�er it than ort to Ci S the txi un d m paxxm TRANS�3�hOw a less- �,nual rep dar year� shall notify subje�e to e�mpact to onitoring xioT calen City roje�t spo�sox to appxo�edr e�ts of reduce th A robust m t�'e p the SPecific�M With�e a lan and i�entify uirem t level. t�fied in tY1e eing �he Tea ent Code significan iden descr�bin� develop P to achieve has been Subsection S tha�are numb of M�'uz trlp co�ts. Go�eYnm prOgx Pxo�ram�XPansio e�SUTe�at measur ented�the ex new� Sectior'66001(d�. .tpM implem �e peak ho Shall be �e��ds will be uired ta employeesl��ntTact monitoring d Shall be xeq d � rnitigatian e the Slte,an �6d y is'�M prO�ram en�ed and that th e�ployeeS°" easures Follow-up W�� da S° Teleased to tY'e en�9 th of the m �andu�ted responsible ag asure is implem io�is achieved• the su��ess M .m lementation of new`�M e the Pxoject is me YedUCt Yequired tx1P M pxogxam axe expxesse�in houT�ehicle 1 easures. does °n� and of the"� �d pM peak '�` roje�t Sp°ns�i a�pT�am�ed,�^'itr �etails the.�M Pxogx�ix' tti S PeT �3�If the p e�t City' prog ssed�� txips and peh�cle P to imP�e�' funds discu Subsection. employee� ot�gxee M measuzes,the any eX�ess Expansion oxt shall also appTo�ed`� ject ed to the �e annual reP the pxO retu�' data on ApPle C��shall assess pxQ�ect spo�spz. in�luae ublic a�5 peT day tnp exship,P SP°n$OT �ndexed�O the txansit rid ership, penalt}'t dex)fox all T�Ng_9b: tzansit Tid �olumes, xice In �ak_ �nity �vvalking Consumex��270 AM P The COmm �yclin ool volume5• M ��ps ab°ve tTi s ana�,400 ment all and cazp oT both of�he A �eaelop houT vehicle � (3�If°ne hour vehicle pM Peak-houx veh�cle trips Depaztment s condUCt an the and PM peak �72�p'M unng the monitoring ox riod• onitoring fo ts(i.e., d d e�t Spans m o�the txip cou� 4 If the p Cit hour vehicle�uT pe��le � � r�� lement y" fixst��yeaxs peak-PM peak h agrees to 1�'p M measutes and 4$ 4,4Q0 eeded,the eet xo�ed`� trips)aze exC a pzo}ect sponsor shall m T ElR ����E� � Y�R����Y��G¢pM R�N�.' p111 N����A���N 61�N��� Date Completedl Slg�ature �i�,in� le�,axty� Sl�atare� �esponsib Action �,�or to c,A��5',N� M°n,toring Tgp,�1S 9 a' S�eet �SA ASMBER 20,3 pxo�eduze in�O a 5 E r T E enting e mitigati°r` entexi�g�ent 1m1'lem lans f�r th fa�ilitate irn�rO itl�tY'e lar�s p res aT`d C;�ty of reeznez`t`N o� Measuxe ction p xneasU �,,,ith t��e t this a�' Cupeztix� Mitigation t aetailed�O os��ct the shall dis�ssCla a ta imPlezne�' Citiy o� ,ect S�o�sox the�YO�ec and Shall easure,oT Santa �he� a�e p1�'S s��'`'esti�� ation ation�' the Cl�' easuYe• sha11 h d by the e 128p gan1P ez�tMitig �.tig e f��ding to a n� Co��'�n1CY appx°ve ta C1aYa DY orisor shall i�'`S 3�add e"c1uh1� P�S��a Clara tu�31,2$$��o �NS-9b:'Ib�ep�rtment� City°f S 1V ae a Sp �xe�p,N ' �ane�,w of u�of$1� �t either e,�e�opn�en the follow g and pzo an�ee Meas zigrt"�"� �tion maxizri d�or,stru �tiori � deT�ake s�as an�ial gUar tbound interse ps F�� i an �itig, shall�' in task fin itiga�lOn eas imPrOVe eco�ds�t' des� lden'�fied ate mQnitor g zefex tO foT the�' the �.rould 112•2 S � tY�e a�altezn �IJI edbelow� ftEIR ,ures.Iri exa ti o��to even s C reel`' �Ra m p s ��easu z e�r;�21 hl�h�,ould 5�m mariZ �o f t he DXa �'eas a t t 1�e °� ez r tY`e St xi�e��-"2g e to n' vernent�' t�,e e$441-44 tall�; e�ent t h Sar�an I���^'e� Calvert� �ortii�u inlprO imPact to pa�, onal de a�tl�e �ct SP°n �he Bou�e�axd+ e��lon w°uld vldin�a mitiga�e tYie of tZie Cl�'�£S for addiri Sha�l xetain� prO� o�stzate to intexs o �tl� etion �� �ork `1 e City Sa�' t, d den1 ction°f t�e twest� a��eptab1Y•P2 lane�' Satisf a bl�c 1 �' S�OS Satis�a te un ht�tu�' o� CUpextino S pro�ect spa� . depende�'tCl�-appTO� ��Tks ° eTa vinglan la�`in�,� public er�tY�a�, ee zlg, e ha�elized f x d r�cei Ste�er�s Departmen�. eas�bO�n ettNeen ec� �� S oxtanon Y �o on an Departm eit best a�h1Td 1i�b L��zence � xo� fizm e p tx�p �elUC�e despite th the�O�ect�T d .�Rp,NS'9b� ent a� ering �e City°� goule�ard an �e of all iznplern en�ne as�s,colle�t �e_ rts, ot ek distan a r s1� ram alb �ti dri effo Will n CYe ress 'f�=25�fe i�'��'�d�x�o sppz's ded'I,DMpxog TCent a�'u foT all�zO�e facilities Santa Clara way et i,al a�* 3'�� coun�s axking tY�e �Xp xoXirc�ately 1ate�traffi�Slg eXpt re5u�ts in a artic' S ar�d�°s p od•�`e aPpx°ve d�itigatiOr app estrian tha mode p way week Pex� �dentify ide�tifie the pedestzian-a�� �lteznatlpe SUZ��x�Zed ovex a 2� , tected Ped zefug� all pri�aiily measure then Shall a11ow f oz PxO e edes�riar+ ection at�oxt x�te`as ages�`�1� repott sh To�e�t is �Spo�sox czossings t u d impx°�e lnte 3g�6 below�,Tefez t�p�.�R�or Wrether�he pore tl��'4,274 pxO�e� e o �,With e praf e n eratin�,�` d r�,��� �YOVide th f�nd1nY� islan d,�`' �p s D 44 7 o f tY' r t z i Ps but S�a 1 1 at�o�s to Sh�ll nal detai l)� d g eakhou maxim u m � opex delay• o�sor additio t„New ax` p,Ni P hour tzips, tne City o ds of �e�xo�e�t sF edu�e ex� M eak tes �.o se�on M�TO g x a�'t°x 1 J I ��XI a�d d p zo}ectTD PN�P as A�a�d pM 4'I TRA nd he� irc�Pact pes tre� �, p �xes listed°�'p a g e a1X xe p ed eYFe e�etity o f�eon s�bse c t i o��. M 2 Of the pra f t E I R e P { E X p a a Y n c i pation an a 4 4 6 m o��hs aftet p xo gram e'T��p e share S�artin In�reaSinY�'Y` ve�`�aent�''JOUld �2l ted�1���to�34 Pe� associa fsorr�2$p APYLE CAMPUS 2 PROJECT EIR MITIGATfON MONITORING AN� REPORTING PROGAAM Date LSA ASSOCIA2 i3, '"�� Completedi SEPTEMBER a Responsible Paxtyl Timin a g�gnature Implementing Procedure 1Vionitoring,Acti:°n Mitigation Measure could occur.Trees are protected under the Ciry of Cupertino's Tree protection Ordinance.Impacts BI�-1 1�Section V.D,Biological and BIO-3 otential Date: Resources addresses these p ote�tiaJ, See Mitigation �� acts xelated to p 1�/Ieasure TRANS-2• secondary P e�suxe See Mitigation Measure Signature: tree removal. See Mitigation M .r�NS-2• TIZANS-7� At intexsection#31 Tantau TRANS-2• Avenuelvallco Paxkway,the pro)ect Sponsor shall imp�e�1ent Mitigation Tlleasure TRANS-2(add exclusive northbound througl�lane),which would improve intersectiox� C 28 7 Prior to entering pate: ptable L05 � �e Public Works into a street S��ature: operations to acce onsor shall ��pxoject sp Department shall review and impTovement seconds). ]ans for the TRANS-S:At intersection#32 Tantau Submit detailed Te ared approve p agTeement, construction plans p P i�cludir►g bonds or Avenue/Stevens Creek Bo{TU�a 100 e ccordance with the mitigation measuxe.. proje�t S P o n s a r sY►all cons ht �rn i n a othex surety to southbound re quirements oE t he Ci ry o f guarantee the foot exc lus to{a�o t�W°�und rlg C u e r t i n o for the m i t i gation measuxe, lane(fox a p construction of�he the prolect spons°T left-turn lanane nW,h as°oc at dn easure and �ans right-turn 1 } mitigation m shall have p construct the mitigation approved by the improvemen�s in the right-of-wayj which would improve intersecti�b 8 measure. Ci • table LOS D( Date: operations to accep e Public Wor�s seconds). ro ect �I�IS-9a:Th TRANS-9a'�e P � De artment shall revie�w TRANS-9a:At intersectio Ca 6ert s onsor shall rovide �6 Stevens Creek�o�le�'ard/ AppLE CAMPUS 2 PROdECT EIR �11T►(',ATION MONITORiNG AND REPORTING PROG[tAM LSA ASSOCIATES. �N�� Date SEPTEMBER 2��3 leted/ ReSponsible Pattyl Timing Comp Signature Innplementing Procedure Monitoring Action Mitigation Measure Mitigation Measure'TRANS-1 (provide dual left-and hich would lanes on the off-ramp)� erations to improve intersecti 1S o ecoi�ds). acceptable LOS B� ��tersection is However,the off-ramp under Caltrans jurisdictio licant nor 'Thexefore,neither the app the City of Cupertino can ensure the �mplementation of the proposed mitigation measure;thus the impact is Date: Prior to entering considered significant and �e Public Works i�to a street unavoidable. �e xoject sponsor shall Si�ature: De artment shall review and lmprovement TRANS-6:At intersection#27 Tantau Submit detailed construction approve plans for the a�Teement, Avenue/Homestead Road the pxoject �ans prepared in mitigatian measure.In including bonds ox' accordance with the addition,the City shall verify other surety to sponsor shaane from eastbound Slve o f right-turn 1 Tec�uirements of the C�ty �hat trees affected by uaxantee the Homestead Road to southbound Cupertino for the mitigation mitii ation measure, Avenue(for a total of one ra ect constnt�non of the measure � Tantau measure.The p 1 are midgated in accordance �he pro}ect sponsor eastbound left-turn]ane,two S onsor shall construct tr1e with Mitigation Measures shall have pla�s eastbound through lanes,a h c mitigation measure.For any �IO .� and BIO-3. ap�roved by the eastboun d rig ht-turn lane), protec te d trees that are City• would improve intersection affected,the project sponsor 52.6 shall implement Mitigation operations to acceptable LOS D- seconds). Measures BIO-1 and BIO-3. With the mitigation measure acts identifa{d aW��{he removalloftrees assoct 45 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT E1R SEPTEMBER 2013 DIIT[GATION MONITORINC AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature ro'ect s onsor. TRANS-4:At intersection#5 De Anza The project sponsor shall The Public Works Prior to entering Date: Boulevard/Homestead Road the submit detailed Department shall review and into a street project sponsor shall construct an construction plans prepared approve plans for the improvement Signature: exclusive southbound right-turn lane in accordance with the mitigation measure.In agreement, (for a total of two left-turn lanes,three requirements of the City of addition,the City shall verify including bonds or through lanes,and one right-turn Cupertino for the that trees affected by other surety to lane)which would improve construction of the construction of the measure guarantee the intersection operations to LOS E+, mitigation measure and are mitigated in accordance mitigation measure, Although still considered an construct the mitigation with Mitigation Measures the project sponsor unacceptable LOS based on measure. BIO-1 and BIO-3. shall have plans Cupertino's standards,this mitigation approved by the measure would improve operations City. over Background No Project Conditions. With the mitigation measure identified above,secondary impacts associated with the removal of trees could occur.Trees are protected under the City of Cupertino's Tree Protection Ordinance.Impacts BIO-1 and BIO-3 in Section V.D,Biological Resources addresses these potential secondary impacts related to potential tree removal. TRANS-5:At intersection�21 Wolfe See Mitigation Measure See Mitigation Measure See Mitigation Date: Road/I-280 Northbound Ramps,the TRANS-1. TRANS-1. Measure TRANS-1. ro'ect s onsor shall im lement Si ature: 44 LSA ASSOCIATES. ING APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION M1fONITORINC AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature This intersection is a CMP intersection mitigate the impact to the efforts,the City of and is located within the City of Santa satisfaction of the City of Santa Clara will not Clara.It is also under Caltrans Cupertino's Public Works approve the jurisdiction.The project sponsor Department. identified mitigation would be required to coordinate with measure,then the the City of Santa Clara and Caltrans project sponsor shall to construct the identified physical provide the improvement at the Stevens Creek maximum funding Boulevard/Calvert Drive/I-280 Ramp to the City of (west)intersection.Since this Cupertino to be held intersection is outside of the City of in escrow until an Cupertino's jurisdiction, the City alternate cannot guarantee that the improvement improvement would be constructed. satisfactory to the For this reason the impact would City of Cupertino's remain significant and unavoidable. 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 43 APpLg CAMPUS 2 PROJECT EIR ONITOR�NG AND R EPORTIMG PROGRAM rtITiGAT►ON M Date �sn ASSOCIAZ°E3, t"�. Completedl SEPT�MBER Responsible Paxtyl Timing 5ignatnre Implementing Pxoceduxe �riani�oxing Action 1Vlitigation Measure associated wl�ted undeo the City of that are protec Cupertino's Tzee Px°tection prdinance could occur with the identified mitigation measure. 1 and BIO-3 in Section I�pacts BIO- Date: V.D,Biological Resources in DEIR �,xiQr to enterillg addresses these pote�tl��'Secondary �e Public Woxks �nto a street Sl�ature: im acts. �e pro}ect sponsor shall De artment shall review improvexnent ursue Miti$ation P gation ent with the T��S_3;At intersection#36 Stevens diligently p plans for the min agreem Calvext Drive�i'280 Measure TIZANS-3, �easure and facilitate o f C�pertino, CreekBoulevarhe To�ectsponsor Seekin approval ponsor am s(west), p includin� � discussions with Caltrans and the project s R p Caltrans and the City of Santa Clara in ]ans shall constxuct an exclusive for a total from the C��Y shall have p of Santa Clara,a�d�lf order to implement this approved by the eastbound right-lanes and one right- Shail imp�e�ent Clry o£S�ta Clara of three through roved, measure. rovide an eastbound Mpigation Measure and provide a turn lane)and p hase.�is ti`'ould �e project overlap p ZIZANS-3. financial guarantee right-turn erations to rovide odate sponsor shall p for the m�ta$a{lon i�pxove intersection op In the +.To accomnl detailed construction plans measuTe. accep�able LO5 E buffex the added lane the existing and construct the mitigation event that the y and sidewalk measure,ox shall provide project sponsor can between the roadwa to the City of Santa demonstrate to the �,�,ou�d need to be eliminated and the funding sidewalk pushed closer to the existing Clara(up to a maximum of Satisfaction of the $550,g20)to design and fence on the south side of Stevens 1 the public Works 'This mitigation pepartment that, Creek Bou]evard. �onstruct either( ) identified miti$ation des ite their best measure would also xeq S�r etilight, �2�an alternate reiocation of an existing Ole. �easuze or; fire hydTant,and utility p im rovement which would 42 CT ElR � MQ�RT11�GOeR�GRA� AeRV Np R�e� R�N�, A RS�T�GAT���h1����� pate Coml'�etedl ruze 21ming Slgna le PaxtY� Respo�'.Sib A�tion allbe T�S. �N�• Morito�ng the�'nd'ng sh o C1 A p�oced�xe in eS�TOW�n �SA ASgBER Zp13 s EYT�M eririn� reld t�e desi� Inlplem �i�a� �tzuc�ip�`°f easuYe itigatlOn �,SitigatlOn M �he�`�xe S�b�ect to ��as �1Teme�ts of t1�e req t CQde ovez�,e� G p1�d�' pate� Sectoo�o e�teTi�g ze: Px� gtYee� �igna� s in�O a ent ePublicw°xilrevie`nJ a�d imPrO"em t S o��x Shall Depa��ee�ari�ad�l�t e a�cl�e�t� o�ds or es b Ta at d'rig �antaU �'e mit}deta ed ns pxepazed he C�,sra�onsi�yction af 10 hex suzety t° #3� sub la c t� ix� te�tl� ction ect uction p e ted b`1 itigated Uar ari ts,{Y'e t��texse �re�zoj �orstT vv�tr th a4fec NS_2:A �,vay, �e in tda�ts of tYte Clty of �he mea�Ce�1 hMitig�i'O°3 inlor°t po SOx S1'all �' �t allco Park ex�lusi acco px � P'�enso s11a11�O ut�`lane��ox u�Y`al Tequ e {n �pz{r he aMea Ures BIO'1 ard have�ved b`3 the 0 o g p tnbaund tl� e one tl,r on to S � l.,t- C�'� e��t� � e�`d apP nox ��,lan h��ig �o�s .measux 04 on a�a one s1�aTed O�r�Ugane°r'tl�e ation ation City. vin�, �itig ��the�'itig lan r d a �,vhicY� cei turn lanel�an the n�,ezse�tion �onstru meas"re. ��T�la amPzO`�e��t�table�L�S����'1 ppexan°ns to a��e� se��rds�� easUZe �,itigatlOn acts t°tY`e �e pTOposed ndary im� tau drave Se�e east Side°f�a need to 4l cQU� es alon�th wa�,woUld�ide��x tz�en�e �e rotl�e east to�rO travel be N'�dl ne to the tigh�aa,a�nt to tk`e ablee �the S�aewalk� a�ts laX' an naa blk�lane. Se�O LSA ASSOCIATES. INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 MITICATION MONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature HAZ-4:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date: Measures HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. Measures HAZ-1 and HAZ-2. Si ature: I. TRANSPORTATION AND CIRCULATION TRANS-1:As part of the project,the The project sponsor shall The Public Works Prior to entering Date: project sponsor shall construct an diligently pursue Mitigation Department shall review into a street additional westbound lane at Measure TIZANS-1, plans for the mitigation improvement Signature: intersection#21 Wolfe Road/I-280 including seeking approval measure.and facilitate agreement, Northbound Ramps to provide for from Caltrans, and,if discussions with Caltrans in including providing dual left-turn and dual right-turn approved,shall implement order to implement this funding for lanes.With the additional lane,the Mitigation Measure TRANS- measure. Caltrans,or Uonds intersection would operate at 1.The project sponsor shall or other surety to acceptable LOS B(17.1 seconds) provide detailed guarantee the during the AM peak hour.However, construction plans and shall improvement,the the off-ramp intersection is under construct the mitigation project sponsor shall Caltrans jurisdiction.Therefore, measure,or shall provide have plans neither the project sponsor nor the funding to Caltrans approved by the City of Cupertino can ensure the adequate for the design and City and Caltrans.In implementation of the proposed construction of the the event that the mitigation measure;thus the impact is improvement. project sponsor can considered significant and demonstrate to the unavoidable. satisfaction of the Public Works Department that, despite their best efforts,sufficient progress has not been made with the res onsible a enc , 40 C.�. �{R O�� nt o ri1TORiNG AN� REY�RTINe pR�GR`�M pttT�GAT��� Date Completedl Timing Slgnature TES. ►N�� Itespo�'Sxb1ePaTtY1 SEp�'EMBERA2013 p�ction Implementing�'YOCedure N1� onitorirY rrleasure pxioz to the issuance pate: Iv1itigation Fixe Sl�ature� ��a Clara COUn� t of grading, into tY'e 'I�'e S ent shall vezify tl�a demolition,or r orated� Depaitm its. be in�� P Z-2a)• e To�ect spons�r shal activities have building perm rem�val can Measure HA azardous a�1 abatement b a qualified 1�1 ation �` p ESMP�M matetials ensu�,ethath uilding matexials surVey$ veen cettified y Ha�ard�uo ducted bY a building enral pTOfessional. HAZ"3' ucted priot to en�rironm �shall be� ro fessional for aTe cond that all Su�1ey licensed p demolition and Qualified a�d not pre�iously �ouS�atexials axe all stru��xes, roposed f�r ha�ax itl� ox abated,P accordanCe w ected tion at the abated in e insp ax Len°va ed in lations•�' demolitio� ACM Shall be in�lud existing xeg� or shall subm�t praject site. uildi�g �xo�ect spons us mateTials b a Teport azaTdo to the City, ualified the h bu�ldings COnstru�ee all s fox based pain�sh �axedbY a q rofessional� Surve to 1981•Lead- us matexial �re men�al p T1OT azazdo envixo cun� ts the be��cluded in all h lead- en and Peeling abated trat d� of all abatement All lo a ACM Shall b completion Surveys'aint an based p activiries• by certified co��rac�.or(s}ix� vaith local,State,and uizeme�'ts.All other accordance f edezal xea matetials,Such as Qved hazardous tes,,, Shalaemol tton in „un�vetsal W� rior to from bu�ldings P D�S�re�lations� accozdan�e�^'ith the abateme�'� .�e completion of �mented by a shall be d ental activities {o the qualified en�iron a Subm�tted 39 pxofessiona�eT�l o prlar to�h� . City of Cup ction and issaan�e�f�°nstru errnits. de�olition E�R Py�'E C�EQORT��� ����R�M p AND ,+�'GR�,��y hl������`NG ate D � Con�p�eted( taYe Sl�ra .timin�i s�b�e��x�� ,Respo�` p,ction �onitoYirg c�AT�s,��c• o�ea.�e S�Y��MBEg���3 �5�� en�1���Y lem �ea5ure Midgat�°n �pzkes Sa£et`7 ezal S�a�e ar�£e 31 des��iz`a�e �,aitl�,atiors'�a Sible fO� Te�o�el xespo��f the�SMp. �' }exz�entatl�r ect site i�np eas at the pXCs in S°ll' A�,Zb•.For ar�e5��i�a1�� a�are x th P°ten�a� U� atez th� an dw t,,jitr Soi1 gas,ox gx e�e�elQp�'ding�a�ap�T il b �'laz�eiztg°���p,e e��ha11 e ezty o� �assessz'� Sed ese i�trusl� edby a�l�e es5io�a1' � neY �ex�ozm e�ta��XOf. �eSteYn coz envix�x`�'ude tl�'e�°Tt ett Pa�kaTd pzt11 azea51�Cte a�tl�e xe a t1ze 1�404 i� of�Y`e Sl 42 a�ea� ei�y'1f tY`e Build�`A�enue pz°p�t�sion for rtaU vappz otenti�al xeSUlts of t�e nd��ate tY`eS,on in�O an asseSSme�t va�'Ox �`�S o gsour�e in� s��mifi��ab��dlz���p�o��q oz 3$ ��apin��`�dea px°px�atet�agen�y xez�o`'a1'as witl�xeg'a1a T��tigat'°z�s ac���dez� ts•S°�����ae passlV.�e en s�a�ontxo�s�0��a�ti�e�end��d x ventlrg andsoio�'assessmes°r S���Ce or iztitz� �ortzol � ox vapoc�ate Va ��R AQe��D ¢ YO��`NG YROGRpM G pN R1 N bi�T����,oN�`oN`�o �ate Cotn�letedl Ye Sl�`at" Timing �e�'axtyf �espo�s�b Actl�n ��S 1N� Monito�n� ,,SA ASMB'�RAZ°j3 x°�ed�ze $EY�� 1zu�p�en�entingp t�.on�eas�ze o eC�desl� tTO S o�°z �it�ga the pr � or can ro�ect site ard to o�gae�e�o�a�.,as � S xc ldez,tified at tl� p ili�'°f a�propriate� address tY`e p�un�awn�O ub uzfa�e' encounteTingZaTds i�tY`e 5 e SQiI and �ia ariZ ed ination�T�Srall Sun'�data collect `�Y`e Esa atex a�alyaUTl�g past ernextt `�n an on the pzo�e�t Sllde�tify m a� in"estigatl�ex�a°atied �1 a e�edla tions f° �onta op o��dwa�ex,ed dUxizt�dee oriitpzing� are en�O on�sTand'denel�eQuizi�� ex�a`�a� o�e�w rnplia��e ez�a�d��m t fed�zalsta tes lzi�gati en tu pxop lo�al �tater�'� S foz y.,itl� ��at�o�s' ae�`easure �`d xeg p s�,all lncla d managing ot �e ESM testix�g�an S ec�ed°f identl�i�,g, dw ater su P s d zoun �aYd°u vide kri wn o c�nea��,sra11:�a aling, ���fo�e�aluatv��� oil matexials•�' d disp�sing°�S 3� pro�edu �t testin��� roje Youndwatex duzing p a�ti�ities, Stoziz�g� r a�d deW atez'v�`g �a g e xequixed �atio �zib ns e�x Spe���ely;Zl a es Safety P eXps'ed to realth t`d tla11y �S e ,�orlcer eTS poten ��ox�a�c haZal��o�s�atexia1s in a APpLE CAMQURTING PRO� E�M GRA b11TIGA�'ION MONITORtNG ANp REPO Date ,N c. Completedl L 5 A A S S O C 1 AZ�3� Timing a�tiTC s E r T E r'a E� onsible P at'�y� Sign R�SP Implementing Proceduxe 1Vlonitoxing Action 1Vlitigation Measure 'These procedures Shals �11 activities. rocedures, p include evacuation p and xeq,uixed containme�t Proceduxes, rotective eqU'p�1en�'as personal p o�di�g to the appxopxiate,in tesp S Sliall. emexSenc}'.T�e contxactor( ) subml�these procedures to�he C'�'°f Cupextino for approval prior to demolition,site prepaxation,�Y development a�ttvities. Compliance w�th these mitigation occuT in coordination measures may ith the Storm w ater with compliance w gest revention Plan arid Pollution P quiTed for the �ate: Manageinent Practices Te v,G, ro ect(see Section County Fire Prior to the issuance proposed p } water Quality,£ox ,�e Santa Clara of grading, Si�atuxe: Hydrology�'d ent shall verify that .�e project sponsor shall Depaxtm deznolition or additional detail)• a{the prolect pecific ction p�aris include building pex�'lts. prepare a pr�lect-s constru HAZ-Za�Co�txuction der a all undertake roundwatex conducted un Es�p and sh soil and g rotocols site shall be et�ta]Site ction activities in management p ecific El�v1TOnm t�at is constru ith the ESMP• ln the ESMP pxoject-sp ESM�') ide�t�fied� 1Vlanage�e��Pl�n� accordance w �a�age�ent consultation with the �lncluding V�C ment in prepaxed in ,I,he�roject sponsor shall xotocols for aeVeiOp ex of RwQCB.'�e PurppSe of the ESM�'is ecific P workers,the ro ect-sp �e northwestern corn a�� prepaxe a p � assessme�tr to protect constxuctio v,rQnment, �he ro ect site}. ublic,�he en va oT intrusion general p subsurface p orate into 36 ants from and shall incor future site o�a�e ia�s reviousl hazardous�' �ECT EIR pYPLE p REpORTINGQpR�GAAM �SITtGAT��p ptONiTOR►NG AN Date Completed! Tin,ing glgnatuxe �SA RSSOCtATES, iNC- �1xty� xa„ Responsible s E eT E m s E R pnitoxinY p'ction lementingProceduTe M In'p aredness Measuxe e2 en�Y prep �rlitigation on-site; (3)em g ro�edures� �aterials retained �,d response P d fedeTal regulations.� �d aredness lo�al,State, �' to_date ���emergen�y Prep addition,an accurate uP" and resp°nse procedures. i�cluding Matexial Saf e�y inventorY, Shall be maintained°n �ata SY�eets, ex en�Y resp�nse site to assist em g t of a ha�ardous exsonne�in the even � incident• matexials ce and fueling of [all maintenan e�t shall be vehicles and equipm bermed a designated, performed'n dxi pa�that�"ill not area,or over a p cles��d xunoff of spills.ve� �hecked a��Ow all be xegulaxly equipment sh aized promptly and leaks shall be Tep Secondary at an off-site locat�ox�• ent shall be used t°�a��h e tl�at vehicle°x con�ainm ���5 any tim leaks or SP dis ensed, equipment fluids axe P changed,or poured• Measuxe HAZ"1b� �rlitiga�ion and xesponse Emexgez��Y pxepaxedness e�by the proceduxes sh�l be develop contractor(s)for emeT�encY in t1�e event of�' 35 notification ill or o�hex�'azardous en�y auring prOlect accidental sp materials emeTg develo ment site re aratio�a�d T E1R pP4LE CAMYORTINGOpR�GRA� rltT[GATSON MONITOR�NG pND RE �pate Campleted! � TiminY gignature LSA ASSOCRA2013 �NC. 1� ReS�onsible AC io SEPTEMBE pxoceduxe Monitoxing Implementing Such approve plans for ar`y Niitig�tion M�asure Qx Srall ents if they are 2 T},e project spons impro�n d to be necessary. the ability to � � lt�o�ies of the determ roveme�ts Shall ents,in�luding Subm to the Ci1Y The final imp requixem event,as analysis ected by the oxks conveY a 10_year storm be insp public W ts are�alculated P�a Clara En$�neex� deemed �epartment°� stoxm even the San 2007). (3)If facilineS are rQ ect prior to issuance o daxds set fox'th in uate,the� � exmits. stan e Manual( �e inadea lans occupaz,cY P Coun�y�ralna$ ineex deterxni Cit Eng Sor shall submlt p Sho��d the y drain faciliti�s 5po� storm constxuction�o the tliat the existing a�p_yeax for tihe u gTades uate to con�eY �lcanti necessary P axe inadeq ro ect aPp C��,Engineer• even�,�he p � clesign letion o£ storm onsible for�e 4 Upon comp sh�l be resp ecessary t � des,the pr�le�t and construction of the n upg o�completion the ra oT will dedicate the modifications.UP dicated to sp°ns the City• ents wi�lbe de facilities�o �Ce Da�e' imprp°em Cit will be Cit and the Y Pxior to the issua the Y oing maintenan�e� Fite responsible for ong Coun�y of gzading, Slgnature' �ATERIALS `�'he San�a Clara �erif that e aix,and other liabil�sies associa e S shall ent shall y demolition�r x � rovem�AND HAZA�pOU onsox Departm far the its. vvith the im .�e pr�lect s�' ction plans building perm �ip'zp'RDS S shall that the following �he constru H' �e con�.ractor( � e�sute in�egYated Hp,Z-1a: onents are l��s piolect in�lude�of areas£Ox e aTeas suitable for �omp uction p ���designation designate storag and waste the�anstt storaSe� stoxage� ti be as lntO ect: YnateTial delivexy, rnatexial deliveryr �ox�he PxO� �ese locations�'us{�exs, nation of aTeas£or and.waste collection; collection• }�asins,$u {1�desig storage, fax awaY from�atch Calabazas eli�veTYf visions fOT znaterial d (2)PTO of a�inventor}' drainage courses,ana and W aste collection; ��i�,tenanCe materials as feasible.All haZaTdo'�S of hazardous Creek wastes used ox xovisions for ed o�_S�te;a�� �ateTials and ect site develop" �2)p ce of an retain 34 during 1�TO� rnaintenan genexated allbe labeled ac ble inventor of liaZardous rnen�activities sh ith aPP stored in acco xdance W E�R AeeLE C�4 RTING eR�GRAM A KD D11TtGAT,oN nloN1TOR,NG Uate C��pletedl nature Tin,irS Sig o�s�b�e paxty� T Es.t N�� �esp A�tion ��p��MB�RA��j3 M�nl�O�� lementl"�'px�Ced�Te Ix�►p �easuxe Mitigation emen�Spe�ificatio�sf pake: �on�ete pa� a deW atexing �tigatio� at�d dral�age an shallbe See N� S��`a�re: Meas O �easu�e�EO 1 e �Yt ure C,E �.�ls r a condition°f desi.g Se �tigat�on lete as tin�, tati�e �omP of the�es ten eas�xe e approval �on of the tigationM 1. map ox ad�p ree�'ent� cal See IJI� ez�t a eotech� GEp-1� de�elo aesl��_leve�� endatlOns GE�"2'� lnclude re�om�`ements� zep �ou da l��s a ks,pazkin�loto a'�d fOr ewa� take int in�lvd�x��Sld e5,that SubSUTfa�e utiliti tla�effects of �onsideTation tk�e p°ten oils•`I�'e d coxxosi.ve S tl�e Cl�' expans've a� Submitted t� t for a�lbe De�artnlen Date: TepoTt sh Bulldin� ce�f of Cu�,exrin� ro�a1.A1�desig� in �o�ssuan d app t£oxth Pri�Y ature� an building�° SiB� Tevie�' d Specifications cal TeP°rt oYks �rading, exm�ts� czitexia�' eotecYu1 e Pubm n Shall te`�le�ard occupa"`y p the desl�level g ted as a��nditior' Th �.rY r�hall imPlem � AN��ATE�Q�3 AL e�t spons° DePaT allbe val. e ro} �e aralysis, o rO ect YD�OL�G f appTOVaI fox ��r p Te ahy al sogy� tl�e �Y'fy uye tlylic e of drology Teauir G� 1 AS a cond��O�� City hydraulic a� arain SYstem and Subsea ts if ne�essarY• I�`I�" ' ertn1ts,the arai�a�e is�ing S�Orm uately rovemenll re�,iew and 33 st��tios P xe W Sto�' ro� ct, eX it ls adea e in�p Sha con vie e to�erify mad �e Ci S fpz the� ate t Engii�eei tion Sl�ed to accox'� ect• d calcula stor�' zo plans an �hether eXlst�aby the ��off fz°�`the and vexi.fy re affe ctu dzai eC�w�l�eet current Cl T� T ElR APYLE CR EP�RTINGOYROGRAM d1ITiGATION MONITO Rt�G AxD R Date Con,pletedl Timing Sl�nature �N c. �7 onsib�e raxtyt L�A �SS�CRA��3 y�.e5� SEpTEMBE onitorir�p'ction m lementingPxocedure M I P 1Vlitigation Nieasure Geology ted in�he of Mines and resen Te�o�mendationV a uating and GuidelineS fOx E aZaxds in r/iitigahr'g Seismlc H �alifornia• tl�e project shall , �esi�zeview f°r o f fix�xes' evaluation �„�l�h the �nclude and fastenexs fuTntshingS� iz�ng co�latexal m intent of mini occupants injuries��b fix�g S°r��lshings fxom falling violenr duxix�g tre coUrse of a ic event• d seism Ail design criteria�' the ' tions set f orth in Specifica eotechnlcal rep�rt design'1eve1 g ented as a shall be lmplem ect aPPrO�a�.This can�ition Qf PT aress t11e fina� repoxt shall ad design ar'd it th tions f°x e SpeCifica irtended to lim constrUCtion lchaZards�o effects of seism�tili�ies,in�ludirg stxuctures and ndation ot limitied to:fou but n ��esf utility design,dtiven P vation 32 cortidoY desi�r e"�a £i11 Tade pxepaTation, subg d compa�tiox� materials a� S retaiY"n �alls and S ecification � T E�R APPL� C REQORTING�PRpGRAM nitTtGATIOt�I htON1T�RlNG AND Date Camptetedl Timing Sig'nature ans�ble paYtyl pC4ATES. lNC• Ites� A�tion SEeTEM$ER Z�j3 Monito�ng Implementing prO�edure eotecl�►nical �,Ieasure 1eve1 g to ensure t�'at Nlitigation invest�gation desig�` mendationS�OT recom tecl�niQues ecomme�'dations, t uildix�g, all r ��Specifications$e xeview an� ecificb mitiin� ent f or SP for m��' critetia, Departm Ce With priate e,�en{S �e xeport are guilding d ln accordan ral apPxo e fTOm seismi� foTth in the xisk P PrO°al an S The stzuctu dam Y reduce a ted CitY sta�dard the 2010 and exp�sl°e and adequate t wltl�seisn�ic adop to or the soils. associated d shall adhereCode�CBC} coxrosive Y,azards ax' deS�'g,'�s uilding dations ln Shaking �oxxosive soils. do ted � California B code,as �' � A11 zecoma 1 be eXpansive an ��at ap p T o pxiate building Exa�'ples of �} oxt sh 1�5 foT shall vexify ,Cuper t i no. t h e re p e G�Y o f tt'e b the Ci ry of a t�,vould � p o Tated i�tO p t �2��' endations y COr evelop�'en �he Tecom m ical lnds o£�'easuxes�h �e Spe c i f i c d th e e otechn the k u$ed to meet�re S e orted ln level g �Y pica l ly b e i le-s u p p prQ�e�t(s}addressed desigi'" clude P investigan°r'are re quirements ln re-sttesse d oxt. oTated in to�ll u s e of p ent, re� i ncor p T o�e�t plans. foundations, Slab Tein fo r c e m applicable p con�retie materials, �xainage action speC�£ications� o�nts� comp o f control j ents,use factors•�e requirem ropriate saf e�'eci£ic b���ding and aPP all identify Sp xe�oxt sh xiate for techniques a apam&e fxom seisl�nic mi��izix�g �efactiox�and even�s�in�luding liq in addition,the lateral spreadi�g• en{fOx the �oll.owing Tequixem Qrt sha11 be geotechn'cal and soils xep �,et: aZard analys's ��e seismic h eotechx��cal � ted in the g evaluation 31 �xesen all in�lude an report sh hazaxds in tl'e of lique£acrion area ana shall Creek ivision Calabazas Californla� �onf orm{o the CT EIR p,pPLE C ggQORTl1VGOYR�GRAM DiITIGATION M�NtTORiNG AND pate Campletedl Timing Sl�atuxe SEPTEMBERAZ 13� INC. Respo�sible�'a�Y' onitoxinY p�ction Im lemen{ingPTOCeduYe M" T_4 P Measure CUL �rleasuxe �,tlitigation the event that �rlitigation is folloti'ed iri txa�tox the constructioxt CO mair►S identifies human dQCUme�'ts: during the constxu�tion un�p°exed� peziod. �,��huma�xemait�s aof the disCO`�ery N,ith►�+25 feet Counry woxk d and the At tl�e shall be tediYecte edia�.ely• otified i��ogist sY`�1 be Coroner n axcl�a o�site same time,a f one is not alxeady contacted- ation a►'d consult the situ ropTiate.Pro}ect _to assess �e any `,vith ag,en�ies as app ollect or mo personnel shall na oT asso�iated of rem�ins a�zemains axe Y'umar` �{the h�m the Coroner matexi�ls. Native?,rc,erican oxigin, er�can Native A�' houxs �,ust notify the �,,itran 24 Comznission�e Na�ive H.exitage w��� of tris identificatioe Co�mkssiox� Heritag Most A�exica� AmeTican pate: a Native ect the site Ce of identifY to insp �rior to issuan T�ikelY Des�endan� e�aations fox the building,�x ature: �d pxavide xecoxnm a�ns and munity gxadi�g, its. Si� of the rem The C°m aTtrne�'t anCY perm proper tteatment D SpILS Shall �1� ment Dep occup oods." (1}The prO�ect spox'sox DeveloP ublic �ti�GY,SEISMICI'TY,�'N axtment of P _ associated desig�-level and DeP GE uan�e°f a�'y subm�t� desi F• tl�e iss e °rti` °xks the final GE�-1: Px�ox ta uilding geotecY�ni�al r p hall re�iew 30 xad��'g ox b �cal b a licensed site-specific g eotechn prepared y talnlr, a desi�,n"le°e�g peTm�ts, axea and xofessional con repoxt shallbe pxep of Cu erti�o subm�tted to the Ci � pRp]ECTRAM At1TlGA T[ON MONI�OR NG AND R��ORTING QROG �ate Co�pleeedi Timing gignature �Sp ASSOCIAyp�13 ►NC Y� � sEp�rEMBER Resp°nsiblePa Y Implementing PTO�edure �,T,onitoxing Action 1Vlitigation IVieasuxe trace fossil evidence of pastlife as tracks.An�ent m arine sediments may contain inVextebxate�er shells,Cl�as snails,clam and�YS a�d vertebra{e and protozoa% a�d sea Sp°nges as fish,wl�'ale, mals fossils su�h d mam bones,Vertebrate lanmmoth, pate: lion bones of m anCe �ay��clude pxiot to the issu horse,andalso camel,saber�pOth cat ermits,the of grading,building, Sl�ature: ical resouTCes C1�Fox�rading P orks b�son,paleontiolog �etxified blic W lant impTints, o£hu�an tTact or occupan�Y Upon discovexy DirecYor of Phat the con permits and d�ring in�lude p al tracks." ro ect sponsor ction wood and anim ains aYe remains the p ) shall veTify �ti ation an rem �tion e in M g is included prolect cQns�' CULT-4:If h�' sra11 halt constru languag CULT-2b activirieS• during construction,the ithin 25 feet of tiezed ation �easure Tiate encoun �ement M olo ical activities w ualified Yop or project shall imp y a e City, ln a documents f notif q al1 Pp T-2a{archae � the area, ist and� constsuction Ivleasure CUL trear anY ar�aeolog to identifq a be�xeSe��• ains in �he project. monitoring� �hat may and treat rem California C 2)�e Co��unitY human xema i n s accordance with Code ment�epa r t ment ains and Safety pevelop that the contract y]iuman rem �Iealtr vexify rojece ground- 7050.5. �$ua�e in�itigation In addition,aauring P Section ��uded en�oun�ered Shall be treated in CULT-`�is ln dis�urbing a��ivities a Health and Measure x�ate �,vith Californi ,�e project ��all�ppxOp do�ments for accordan�e ectian 7050.5. ction Safety Code S its con�ractoT(s) �onstru t shall inform {he pro�ect. that applican of the pxoject site for Sha�1 Verif e sensitivity shall verify (3)'�'kie C� 29 of th Temains.The Ci�Y huma� follow��g diTective has been that the the appr�priate contract in�luded in RoaECT eiR APPLE p REpORTI1VG PftOGFAM �11T�r,pTION htONITOI�ING AN �ate Co�pletedl ►.sn nssoc�r•TES. �NC. Timing SlgllatUYe SEYTEMBER 2013 onsiblePartyl Resp pction implementing proceduze Monitorin& �qitigation N�easure useum of Paleontology• Califor��a M licant Sl'a��infoxm its .�e�TOject app Sensitiviry of the co�t�actox(s)of the ical pro�eCt axea for paleontolog zesouxces.Tl1e City shall veri£y that the following diTective ras been included in the app�Opriate contract documen�s� ��'I'lie subsurface° f the constru�tion site maY be ser►Sitive for pa�eO�to�ogicaa xesources.If ��al resourCes axe paleo�tolog duri�g pro}ect encountered onstructi��a�d a subsutface S�is not on-szte,all paleontolog� activities within g,raund-distuxbT air�cted a�'d a 25 feet shall be �st contacted to qualified paleontolo�onsultwith assess the situat�°�' an�nlake agencies as aPprOPriate, datio�s fox the txeatme�t Tecommen �roje��Personnel of the discovexy� oVe anY shall not�ollect or�exials. pa�eo�to�ogical m 28 cal xesources include Paleontologi als,a�d such fossil lants ax�d a�m T E�R APPLE CAMe�RTiPIGOYR�GRAM p RE M�N�TpR1NG AN p11T[GATI�N pate Completed! Asso�tATES, �NC. lePartY! Timing Signatu�e L 5� $�R Z p 13 ReSponsib S E Y r E M Action Sl�a�uxe: procedute Mon'torinS Implementing or occupana during that�he contYac� �ermits an r/ieasure Shall verify roject co�stru�t�On 1Vlitigation ��guage�n M�rigatian onsor shall cluaed P �he project sp T-2b ls��' activities• struction activities Measure CUL constxuction r,alt con the axea in all appropriate project subsurface rb�n$ n 25 feet of documents for a�l ground-distu Vvitiv a qualified ction and notify �it cons� activities,Wltivn 25 feet shall be ist and the Y' the pxoject. activities Ualified the paleontolog �ed �e Co�mUnity and a Q osits are determ (2} De artme�'� redixected ist conta�ted to assess �£dep d ment P paleontolog e�cies as ificant an Develop tha�the contxact ult with ag to be S'� a�feasible� erif situation,�ons ce is n shall v e ri Mitigation and make e��Qf avoidan lan�ag app r o p riate, t r eatm mi t i g a�On efforts shall be C U�T_3 is included �endations foT�'o be �n accox da n�e Measure r�a�e Tecom If found ui�dertaken asure iscoverY� ctivities Mitig,ationMe �n all apprOp docume�ts foT the d ect a �vith �uction ificant,ana pT�� tolog,ical CULT_3� cons sign void the paleon the pr�)ect. that canno�a ad,�erse effects to C3),�,�e Cl�,Shall ver�fY easure CU�LT"3 reSOUrces, ation NI t tliat ical xesources shall e paleonto�Og ation may'n�lude rllitig in the even ated.Mirig the fossil Ls folloN'ed tractor ml�'g recoxdin$ ction�on monitoringr and�nalYsis,a the constru talog�cal locality,data xecovex�' identifies paleon ort,and a�cessioning th oxt to duxin�the £l�al rep d techni�al rep resources eriod• aterial an construction p fossil m �al Ye�ository• also a paleontologi public educational°�ri co ��ao of be appTOpriate.Up enting a Yeport docum �e assessme aings,a�d �ethods,f in aTed ations shall be pxep zecommen� Cit of and submitted to tl�e Y view,and�if Cupert�.n°F°r re 27 tological materia�s�e paleon aleontological vexed)a P ivexsi of Teco the Un Ye osito ,such as S �� OG E'M E ►i A pPPLE D R�epAT[NG PA nt o nITORiN�' `�N AitTtGATjON Date Completedl Timing Slgnatuxe ►��� sible Pa�yl ASgpC{ATES• �espon S E PT E M B E R 2013 Monitoring A�tion ImP�eme�'t�ng Procedure Nlitigation Meas�xe contacted�O ar�haeologist With Qualified arion���nsult the situ and make assess Topriate, agen�ies as aPP arding the recommendations�l�oveTy. �ea�ent of�ee�Shall no�collect ox Pxaject pexsaxu� ;cal n�aterials or mo�e anY archaeolog d associated remai�s an ur�es ruman Archaeolo$lcal reso materials. stone tools(e•g'� can in�lude flaked" chopPers)ox xojectile pointS,kn1�es, p t basalt,or QuaTtzite cher , e too�s; obsidian, debxis;bO�' �dden toolmak��'g ed soil(i.e.f �}turally daYken n1��he shellf�s soil aften�ont�' and chaxCOal' cultural xockr ash bones�and eQulp- re�,ains�fauna� milling �atexials);and Stone- n,oxtars,pestles, ment�e•�! PTehistoric taix� haridstones�cal sites o�ten con axchaeolog �, Date: human remains. the issuan�e ical Pxiox to buildin , archaeolog its,tYre of radin r p,dVerse effects to C,���ox�xading Perm e tTeated i�' Measure ublic W oYks deposits shall b Mitigation Dlrector of P 26 accordan�e�'"ith Upo�,discovery of CULT-2a� aleontological aleont�lo ical xesoUrces CULT_3:Should P tered durin resources be en�o�'n E�R ApeyE Dp�N�Q�RqiNG YR�GRAM AN Dt�T�GAT'ON n,On`�OR,NG Date Completedl Si�`atuie Tl�is►g le�'a�� espo�sib T Es,�N C� �onitozin�P'ction ��� ASSB���zo�3 P���Qd�zC sEYT E"' lementirg 1mp Measuxe �rSitig�t'On �e C1ry of b�itted tO �,,est shall be Su d tl�e N°rtr oma State Cupertino�Cex�tet at S�t ori of tY'e 1s��xt�an° � o�comP�e Uriio�T�e as essmeT't. xes deposits cl,aeO1oglcal eCt C�L,�„2b•.If aTed d�ri��PxO1 an aze e��O'��tex nst��tiox�v`'Z�o pzesen�, Subsurf a�e cal monitor is n ities within ro nd"d�S�zbil'�activ d aTCr ed ari a a�l�' shall be zediYek t co�ta�ted to 25 f ee� aeolog, sult�„�ith qualified ar�Y' co� ake assess tre Sl�'"'at pTiate,and�ent of agen�ies as ap�o�s fox tre txe li�ant re�°mmo e y.�`e�z�,to�p of tY`e di tzac �������foxr�it����ro�ec�a�e���, shall �ensiti��g��al deposi�g cti����s dire azch ropria ae a�,the�011o te verlgy t c�u�ed in�11e app b ont�'a t d o�mentis' 25 �or hlstori�al „If pzer1stoxi ��epo�lts axe ctivities� axc1laeo�og��a ringpT��ecta e ed du of tY` a all ��rk`Nith�� zed� e�ted a�`d �x �^' all e Sr di.sCO°ez EIR AePy�p � YOR�;N pY�OGRp,M AN Ol1'C1GA�'O� b1oN'�OR,NG ate � Coxn4�etedl SlgnatuYe 2i�inf� 1.e�'��, �es�o�s�b A�tlon Morlto�ing Pzp�eduYe tN . S�Y�E�B���.�p 3 1x�ple�e�tix�g �M �Te feaslble eas ls rot be M�,tigat�`O av�ld a 1on efforts S�dax��e o ical rnitig ir a��o� e cl�aeO1 g deztaken �easur �e of e az U� �'�oxl a�olaan o�easib�e,tY'e a11be �,vitl�Mltig,a e os�t is n de�osits Sk` £oT CUI,T-2a. ahae�lOgl��tiheiz elig,�bi e$Stez of d�� 'aR dep e`�al�ate t�re CalifQ�' t�1e osits lisnn�1� xces.lf ot xlsto��al�b%mitig,ati°Y`�e �ig�b�ei a=e rot eliglf�Y`e dePp51ts osits shall re�eSSaTy cts o�`tY`e de nlay ln�lude advezs�effed Mltiganozl olo���al be mitigaoe of t�'e ar�Ceae ith a data ex�ava z` ordan w �u�deli�es deposit i�a�� l�ee CEQA a�d 5tandaid xe�overy pl 6 4<b��3��Cll �ds and on 1512 ' eld met1� c��Ca�. Secti lca�fl and�e 1 azcl�ae°l�g .laborat°a a��naeol°gl�a xa�eduzes` �ez oxt analyses°£Yrepaxat'��°�a xep s,a�d tY�e me�r�ds`f l�dl�g Sl materials�p ol �'�al te detailir`� of tl�e archae �d S��ifi�an�e d ma�ex�a�s�a� 1 d asso�late az�razo1og'�ta 24 a�ess�oniz�g°�a te�lv�.ca�da�f�ci.lity� matez eXS x 1�°X�at a cuza��o ment, xe�ov y assess o���``e e a on�Ompletl� r.shall pz�paTOds arid Up is et1� the azcha�olO�ment tY`e z��e ze °rt xeppzti to do e a essmen • xes�l�s of t� ss �yR P4UE C R Q�R�`NG e�oG�AM A ND N �,O�+�O�`NG A N�.��G AT�� �ate C,on�p�etedl xe S��riatu Tirning onslble�a�yf �oriitosing P��''�r 1AT8S'�NC. Pza�eduxe �SP ASMg���,0�3 �entiY�g e E itS,t SEY` IYnPIe din�peT t e aYCrae, `Z��pzbuil �e�elop�e that at�o�l�eas'�z resence°f OT �Y�e pz°�e�t Con1m�e t Sra11�eT e n �i t l g les, �h e�ica1 m°�� a1t 1 7e p a z t ac�la n�a g C��,'S�Z b �er��r o p�o�s�,allr tltie�Ont� 1�e�s�xe s a ia�e Soil i�' tify a�ti���le tiox� r P� o�o g�ap�,s, �T t s�.o ide�'e S t r uctio� �t he azea �it��,a e d ln all ap e��s for �a�sJ��e�Y`T'1�a1 xeY e S'�bsUxfa�d �o d�i r 25�eet�b e in g 15�rC,�c t�°�`d�C�� �d ge°catlo�s wY`ez ay oc�uz anara`2� `N�le£inds aze �all�lea axe �ox�stx� e�t thosel� �features�Sensi�.ivit`1' tl�e w essedby a q f depos�ts �Y,e pz�1 e�le�,,tl�e tor��a es�zlbes �ra� ass .nea to be°� 5�ia11 z Ytiis ze��istot�� t d eologls{' t de�1t'a�y aseas of eXy�,lan tl�ad��o�edures ax��er�l �aY,ce and �31�`e C&P1an f°Y aation a U�s�O S ar e�,t t 1 1 at de �aCei gnri t feas ibler Monito� t 1 1 at�ltig d S a�tl,�e ev .�dertifie d• �lstori �a yex��y ,� 2a an Speci4i�� ate avolaan srallbe iSL, - �e �,,�illbe 1 aeposits s11a>>bQ on effazts xdaz�ce Meas'�zes C e�o11°"ved l�o� atcY+aeOl��'l l�alrr`oz>>tors �tion z��til$at� e�,in a��O Suze ��,`S�Zb ar Cox`Stxt'c�� Yal 5tzu �ery extak ea C �tlz tk�e s cultu Archa�O1°�to�alt��� af a dis�� �x`d �itigati��� eve� at td�ntifie a �y�eze t,l1e�°�atioP 1 V,,�tl� �ac�or tbe�0�� ez1c�P ossib�e ar��aeOl��l°uz�e CU�,�'Za Q�SOr s�,aU xe oux�e d�x��� ti�ities at e xes od• to zeview p d to 4r°tect t�e�a�'l'ated tl�e e pt°�e�t sp arcY`ae� StY�a'�tilOr pezl �ate�la�ar axebein� ��til,in �3l�` a aUa1ifiea d�,e hl�e tl�e�iztdsal1�on��U"e Cu��ura1 �oti�' o�tor an �o�n, `N ��oxixt�S� uagraer`t` e o�o$l�al� osits are et� ��naeol�$ls�S� ike�y tO b if dep u�d az aTe nati� Cit ea d�xiz�g�x�ities t`Nhe�a �� es v Ye��ut�teted• �ox risfi.oxi�a� tdis�Tbin�,a�ot���al�y Stor� monitpz dralti �eet ts o�pxe� e ties� �resent�az' wltl�in 25 azez pzo�e�t activ�` su��`. 23 If dep°S� ica��` Str�ction du�i�� azcl�ae°te�d dUx� g eet o�tre til�`e C�t11e d�p°S�ts are en�ONOrk�riit�dX`be Ted�zec�ea'an °� e,i�de�°Sl�be of a�l shall t�e�i�as� zla�e �.izri �iz�ed tO �a��e and dls��veo1��5�asses ci S as a��x�p t11e det torl�al Sl �f� a oz ls aYC1�ae N,lt1�ager` � atlo�s f Yt an��akes�e�ozri�'e �e .If txeat�'e��of the d�s�o �.� EIR MQ�S T►NGOYR�GRAM �ee AN�C R�ppR 1�1lT�GA�,oN n`oN,�pR,NG pate Campletedl Sl��atute Timing �e paz�Y� �espot�sib A�tlon 1.SA ASS8ERA2� 3 `NC� YQCe��xe w��nit0��g lv� SE4��M Im41ex"entl�'gp Measuze Mitigation �ea�ments �o�Y ppSSibLe nsist of �xt�es: fpz hlstori�pTO enab�lita��O�tlpz, xeseT�a�lon, Te�onstx�C ��ie p t;on,and e� ture°f an D pe dl�g�t ne`''j locatloi m e a e barri S'�S et�o�dlti{S s���app�y. �utren lo£these txea�ex�all Fx° e a thez vid • �e appli��'t Sboard and��T the plaqu�`TeadeY exp�ain edu�ational tpOls ta o f the barn, h�stoxic signlficas te ca�iOn a�d�n the of f- 10 laaues s�a11 both�o,e��Site.`�'ealJ�ame of tl�e Date� thz issuai'ce ��`�p de the C'�'wasbuilt�a pzior tO �d S�g��tu�e� in date it d �oto� reso'''x�eaescxipti��',ax' a in� radin�pex��st tY`e of gradir exm�ts, N,ritten d a11beP1a llc vieW �oz y, �Ntorks �uildin�p ro��ct an sr ub can all (11 of rubli ���t duzing P �apY`, ex�the p aYily oS` S ai,,sox SY` DLxector tha��e��� �d ction �at�o�`Nh C1�,���roje�t P to s1ia11�exii.y ation �onst� 1� inf pz'�'ationJ n°t necess itozingPla� Miti$ ded S a11 S�b�lt a N��T` e iri �� Zb is i��clv a�tivitie . the licar't SY` lar'g"aY, the bax,.�e�zoje��.app to the City Px�oz t ound" Nieas`ize C� T1ate t C�t,"T_2a, aeolog�st u�aestakir`g g ix�all appTOp �men�s fo ualified azch rbing acti�ities• 22 tu �d° und-dis rbing �onstzuctio xetain a a xQ�e�t gxQ To,e��graund" dis� xo e�t. ,non'tox p P�lor to p chaeo1°�'ist �ery of tre tre ax a��Ox �2�Upon dis�o esouz�es in a��vi�,ies. ��a�x acti�i�.iesr �1 dlsti,zbin� o�toxi�� n srall aT�raeo�o a1lpr�paTea MonitO'�ngPr�al �e prO�ect.'�`eview��histo in�lude:�11 �x pppLE CAMPUS 2 pR�eROGRAM p�{TIGATION M ONITORING AND REPORTING LSA ASSQCLA7ES. INC. �ate sEeTE"'sER Zot3 Completed/ Respo�s�ble PaxtY� Timing Signature Implementing Procedure Monitoring Action Mitigation Measure . Relocation of the Glendenning Barn shall be overseen by a qualified hha;ensure hat the barn architect s retains its significant character- defining features at its new location,including its f la�Style, proportion,structure,p and matexialle QT do�°�entingl� be responsib relocation of the barn from its current,historic site to its new site. Documentation shall include production of a report that includes photographic documentation of the xnove and a historical context for the barn that describes the resource's significance in local history•Copies of this documentation shall be offered to local libraries and local historical societies,and submitted to the Northwest Information Center at Sonoma State University. . The Secretary of the Interior's Standards for the Treatment of Historic Properties(Standards) shall be app�ied to the barn at its new location•7'he Standards 2� ��R MQUS T�� eR�GRAM APYV N�C REppR R�N�, P D��T�GA�ION �1ON'�o Dat� Covtpletedi ze Sl�,atu TiminY, le�az�y� �es�onsib A�tlon S,�N�� Monl�,oring pxo�eduYe S�Q��M$ER��pj3 IzrYlementin� MeaSUYe MitigatlOn ,Sxelo catiOri' a to t�'e baz� lendexv�in� SY,all ppl�' Slte fQZ�e Space '�1-�e x`ew clvde°pen ��exted � �axn s�'all a d�at canbe��of°pen andl�r lan -�e aniOU �o ref ez" to Suchuse'be Su�fi�ienta Ticultaral Spa�e Shall ea S Y'lstoxl� of the z`ew en��tY�e aY TopTlate us�C�tiox`al uses Toots.App. ��ude ed ubli� Site could ln the Ci�9'P and�S detexminedbbe pezmltted �ized to aCCess�O�'ld b��is r`°t xe ouxce. coura$ed� to tY'e Tes tY`e eTed�Ce ircl�actszlvate pzope��y� t,ed ,defizvx`g 1f 1Q�a �cl�ata�tez of t�'eba� � fo11oW'ctuxal eleme�'tsvl$ible f r°m azchi�e �bs��tlally ox���tY`e srallbe Sxl �t�o£-way ndings aTe a publl� pz its SUrTO� ub�i� barn a dl access�b�e�a p retion�f ublic y" er the �s ����',2} p�ew�o�t,l� e�s��le o� ���d��,g �� Cl�Sta��aba�eri Sidin&tin b°ard S �f p°S$1bie1J�d31 w��'��w srall be roo�liz�e• i�g�'azzi ��re . ��e Glende a qUalified e p xie��e xelo�atedby ary wit,r ild S' moviz�g�r°,S ox��bu in �ovin CT E1R �� ANA R 20RTING�YROGRAM NITIGATION M1lONITO R�N �ate Completedl �sn a+ssoc�nTES, iHC. `r1I111rig �Jl$n�ttlTe sErTemsEx 2p1 onsiblePa�Y! Resp Action Implementing proceduxe Monito�ng �r�iitigadon Measure barn'S use at its new location and rrent coildition,one or more its cu ents s11all apply' of these treatm t shall provide a . The app�ican andlor�ther plaque�reader board �ain{�e educational toQls tO exp historic significanCe°f the bar�an .�e��aque shall the project site• Seal,name of the i�clude the City resource,date it was built,a w�tten descrip{�ol',and and shall be pl��ed in photogr�Phj ub�ic can a location where the p view the informatioi��not necessarily on the barn. OIZ Off-site Re�o�ation):T�e CULT-�b t BaTn shall be relocated Glender'I'�n� l�ew site within off the project site to a roval°� subject to the app ��,pertino� a �nc.�shall ensure {he City.`�e lead Y, that any adOpted measureS to �itigate or avoid sigruficant adverse changeS tO the resource are ful y thxough Perm�t 19 e�forceable ents,or other conditionS�aPreem rneasures.`�e followin sti ulations ��R Q��� �R 4�R���� Y���gAM A ND �toN MoN'�oR,NG � ����LG p S�a�e�ea� CQ�p 51g�atuTe ��ming le��x�y� �es�ori5ib A��lon Mo�ltiorir� S.�N�• uYe VgA �"SMgER�'� ' entir�4�O�ed SE4`E �mple� MeasuYe MitigatilOn cludlrg lts f°la' s�i1e, in e p 1°�a�°��lon stt-u���Stoxiax�S�'��1 a�d�atexlab�ox d°���i�$ be TeSpons of�re ba�4s i S�ew S��e. �atior` S��e to Tel� e����S�oz�� S�all iY'c1�de �Do�"n�enta o�a rep�xt dlat zoau��l�n xa�h�c e a'�d a pncludes�h�o&o�t�'e nloba�tY�at aoC��erta teXt Eor tbe cor e s r���°�be ti11e xes�cal�s��a� s�a11 d a�Ce 1n�Q �e�� or sig�f l� t�,is a°� aries ana �op�e eoed to 1o�a11ib�es,�`d be oEf�lsto��al S��ozt11�`'est lo�al d�o�`e� t So�°n`a S�bmi�a�o�Ce�tex a �pz U�l�ezsl�'' Interipz S S�a�.e z of t,re en�°f . �e5e�ze�afo�the�Tea�daxas� S�andazds er�les�Sta Tn a�lts lg lstoz���X�� dtiotl�eba s hallbe ap o,n'�l�e Stb;e tze tznents ne`�'11a�a vz�°SS� �ons�st�f f° iapex�ies�' tloz�, r lvs�O��p zel�ab�.l�ta�z�C�lon f° va�oz�, zecons Q4 t},�e zeSeT ard ze p es�pza��oz�� o�t�1e�atu e er,diz+ D CT EIR AQ��� �R Q�R������R��RAM At►TLGATI�N �tONITQRiNG A�D p ate Completedl natuxe TiminS Sig aztyl ►N c. p onslble r �S A pS S�C RA2 p 13 }�ep itorin$A�tion SEQTEMSE � Imp�ementing p rO�ed�Y e Measuxe o„is �riitigation off-site relOCati (3}If an ented,the plans lem exmi�COndl���S�uTes The ima 1 adhere to the denhfied throu�h�' other T'c'ea � to SY` crite�ia� ents�°r sha11 app y reloca�a lo easure agreem Stipulations n Ni follo tion� inM� g ro ect �n'�.r�g Site reloca �ie p � on- defining CjJL'I''1b' aze visual the bazri S chaTacter- bam Shall Prep that . �e fo11oN'ing Sponsor ts of t�'e S that show al elemen �isible fTOm Simulation architectur tially the the baYn`^TOUld be �Substan peT visible fTO�`a shall b ht Qf_way� SuUstantially a public Y�o f C��,staf f:�.) ht-of-�'aY or �1 boaTd a�d �ublic rlg oint. discretion aTn; doWs, public Viewp shall Size1scale Qf b �4),�e pTOje�t SponS�r siding�'n 3 doo�ne. ze- batten ualified stxuctu if p°SSlb ie�'a�d , l�g an d a Glenden� x�o i�g °�'�a�Y . '�'ne n�`N Site f ox the en S Pa�e r�hitect all in�lude°p �onvexted qualihea Y'lstoxi�a �b � sh ��at be o e� ovexse� a and�°r oun p,azn lan ca� ti of k' to t SUCh u$e��`e am t to relocahon• or all ta be sufficien 5)�e pTO,eCt Sp�ns sh SpaCe Shall ,S histoTic � d�storic ce th�axea a ualifie t�e xQ�exen retain q do�u.men a$z1CUltuTal roots. fxom shall be aT�l�itect�o the bazn ingBa�' Stxuctuxe' tion of �e Glendenn jelo�a the new , a qualifie� ��Yent Site ta Tel�cated bY Wl��XpetienCe lts moving�O�'panb�.ildings• site� �,oving�Stoz1c the Glender�ning �Lelocation of 1� enby a e � Sarn sY'a11 be��exse t.`�` liistorical atch�te� uxe tha{t�'ebar� qua�ified all ens aY���eT� ax�r�te�t sh i,ifican�c�' S its S�� es at its ne�" xetain fea�T definln T ElR Ape�E p R Q�RTtNGOpROG�AM G p C1 ���T[GATIOn �t�N�T�R1N �ate CQ�p�.etedl Tt�c'v'g Si$�'atuxe sib�e raYtyl p��ATES'tNC. Resp°�' p,ctiori o�sor�an Monitorin �4oject S�ate to t,Y`e LSA p55 ER 20�3 rTO�eduXe EMB SEPT ImYlexnenting dam£a�tiox`°f the .Qn Measure u to a PUb�'�m�T t that �iitigatl �a Claza� P 074)to epaT en Sa�' m of�2�923, ex D ite the1r bes� at the°n" ,�,aximu nStrUCt e1tk` des� the C�untiy lanQ x1ght-of-waY and CO ation effoTts� Will o re�Ql�l��' �eslgn tified mitig of S�ta C�a�a witl�n'`' ere is existing atlo� 1 tY�e iden an alter�ate e tl�e zamPco modate th�s�`itig ��eaSUTe or;�����Would i'°ti aPp ed rnitigatlOn to a� uld Te�ulre ve�`en to the idennh {hen t11e in1PrO the impact measuYe• easute W� at �l��ate Q�the Cl�,y of �easUre, oT Shall m bridge th ��we ing�e eXisti�g tioo S P�blicw�rks pzoje��Sp°n� araLlel t� sa�isfa� e wlden ��$p pxa�lde th �dl�g the czeek t'an Cu�eTtin ctosses a�,,Txen�e �n,ould �epaxtmet't' SoT shall ,z,aximum ��est side o£L ide�'ir`g rol lteza to tl� re1d the ek• ect spoTl ti.ox� e C��fi.o be EXpzesswaY•�`e w acts ta tl,e�T '�ie l' trealnbed A ertino u��l�n Cu�2 e�ondazy imp acts to t�`e seek a' t fro�`t�ie in es�rOw cause s ndazy imp tre A&eemen artmen�of Seco en�ng x patential d.�,�ithwid ltigation zniaDep C'DFW� alter�ate associa�.e Califo wildlife� impxovement czeek a txaffic S c�on d licable to the eX�stixty,bxidge aTessedin Fish� othex ap�' for creek Satisfactoxy � are ad a�d 9 1ts of Cupertino s measUre ur�es� al�comk'ly C��' p,iologl�al Reso xegula�or`J p a Sh .worlcs v D, �erSection usion an lden�i�ied Publi� a C M p i n i ntx �on d l t i ons t�o n a and portions eambed Altera �epa x t x�e�'t�s to �ls ln tersection is �,.�ith all apprp�ed,S'�b�e�t n eXpxessw y S xl$rt_of- in tre Str othez ements°f a CoU �' Calttan Agxee�ent�x the reauir e��C�de �Y' withi� ouldbe arelik�epTp��ctsp�ae°v t1VTA,the regulatQr�'Pexmit. Ge nori660�1�d1�e wa'Y• �oozdln ather �efUndSN,illb requi.xe�of Sa�ta Claza,aCO Stx��t the to the Coun�`1 cies to t at Teleased xesponsible age� Yove 2$b 53 s��a�imp ide�tified p�'y TessW ay�i_ terce EXP �e tl�is the La`N ectio�.Sin Ct�of Ramps lrtezs of�he outside tre C'ty intiezsection is dl�tion, uzis uldbe CuP�o�uar ntee that��t^'o can APPLE CAMPUS 2 PROJECT EIR ASLT�GATION AIORiTORING AND ggPO RTING PROGRAM Date LSA ASSOCIAZ E3. InC. Completedi s e r T E rt B E" TiminY 5ig,nature gesponsible�'��y! I�,plementing,Proceduxe 1VlonitoYinP Action responsible agen�Y Mitigation Measuxe ro ect is once the p l a��xoved ed,with pTogramm constructed.For this reaso;lc nt and any excess funds impact would remain si�' Te�rned to the unavoidable. ro ect s onSOx' Date: See Ml�igatio NS-4. See Mi�gation Measure Measure TIZ�' Signature: See M�tl&at�.onMeasure .�NS-4• Tg�NS-12:At antexsection#5 De T�p,NS-4. omestead Road Anza Boulevard/H o�S�r shall intersectiox�,the prQ)ect sp implement Mi�gation Measure ��NS-4(add exclusive southbound xight-turn lar'e�' N,��h would ;mprove intersection operations to Though LOS LOS E+(58•9 Seconds}. {�ble at the E+is not considered accep estead #5 De Anza BouleV{he LOS�'ould Road intersection, erating improve to better oP Cumu�ative Date: conditions than under the 5ee Mit��ation No PxojeC�Scenario and the impact easure Measure TRANS-9b• See Mltigation M Sl�nature: would be considered less than �t� ation NSeasure ,.�NS-9b. ificar�t� See M' g �e funding for si easure• .r�,NS-9b. T�N_73a:No feasible m blic Works The Pu ��plementation�f ro ect sponsor shall �e project sponsor shall De artment shall develop T�,NS-13c shall be NS-13b-`I�`e p l T'� ro ram to xeduce �anS im lementin an ex and the TDM P g IncTeasing prov�de$50,000 towards the P act. �m lementation o� 54 �he severity o�the imP d associated the TDNI artici ation an APPLE CAMpURTInG PROT ELM GRA OIITIGATION A40N1'CO RING ANp REP� Date Ca�pletedl LSA ASSOCIAi0i3' '"c Timing a{11Te SEPTEMBER ReSponsible Party� Sign Mon�tor��g Action I�plementing PrpCedure r�or to al system p�ovided p easuYe into a street JVlitigation M adaptive traffic sign entering 1Vieasure a Boulevard, imp ent ation along�e A� t�.ie rovem M��lg '�Y�e funding 5p,400 from ent. de share from 28 �,�,Ng-13c. Shall collect$ agreem rove onsor,and shall a�ternative mO ercent would imp Sh���e pxovided to the project sp ent. percent to 3�p ertino. imp�e�1ent the impr�"em E {,2,1 seconds)% Cl�,of Cup opexatier the inO ease in`�M howev participation�ould not xeduce t e i�pact to a�ess-tllan-Slg�l��cant level. �TZANS-13c: .�e project sponsox s11a11 pro�ide a$50,000 f air-share contribution towards the tive implementation of a traffic-adap traffic signa�SYstem along De�'�'Za omestead Road Boulevard between H lementation �d IZainbow Drive. Im� Stem tive traffic signal sy of an adap pate: Would imprp°e intexsection See M�t�gattOn howevex it would not operations, less-{han- See M�tiganOn Measure �easure TRANS-�' Signature: reduce the in'pact to a easure See Mitigation M 7.12p,NS-1• si ificantlevel• ##21 Wolfe �ANS 1 •�RANS-1`��At intersection �he Roadl�-2$d NOZthbound Ran'P5j onsor sha11 imple�1ent pro}ect sp 1 easure T�'Nh_�rn M�,tlgation M a�a g Date: tprovide dual left- rove tering e aTtment Pxior to en lanes),which wou�d lmp table ,�e publl�works D P intersection operations to accep onsor shall lans er the into a street shall T�e pxojec�sp Sha11 develo LOS B(18.1 seconds)• o�ox 55 TR,ANS-15�Tl�`e pro�ect sp odif a a ro rata share to cox�tribute a ro rata share to m y PROJECT ElM A G AnD R PORTING PROGAA ri1TIGATAON hiONITORIN Date Completedi �sn nssoc�nT�s. �nc. � Ti��g atUXe 201 3 Si� S E Y T E M 8 E R ReSponsible Pa�}' MonitorinY p'ction re: Sl�nata Implementing Pxocedure improvement easuxe,detetmine NlitigationNieasuxe odif agreement. rnitigation m y �mplemen�the mitigation {he pro Tata share to rn xovide {he traffic signal oPerationSJ erations to P nleasure,pursuant to the nding from �l�e traffic signal op ents of the CitiY°f ro rata� westbound �e�u�xem co11ect p onsor,and shall an overlap phase for the Would the pxoject sp e�t,which Cupertino. �t� ation right-turn mOVem ht_�rn arTOw implement the xn g pxovide for a gxeen xig ound left-tu�' rneasure. while the southb time• movement has its gYeen turns shall a�so be SouthboundT �ccom�'Odate the prohibited. the geometries at the overlap phase ould be westboU�d approach�' inodified to prov'de one 1 t ro h left-�urn( �ane,ane shared t�rn�a�es. lane,and two righ" d overlap phase Providing a westboun lmpacts,since could ha°e$econdaryWanting�O southbound vehi��.es travel northbound w�uld have to the Stevens Creek txavel to ln�ersection�o gflulevardlWolfe Road� Field access northbound W°�fe Road. obseTVations were candue tcenta€e°f determine the e�iU t�S at the vehicles makinY, data�,�,aS used i.ntersections•T�1e field te the impact of dl to St g e S toestima Va11coPaxkwaY �urns fxom .�e LOS reSUlts CxeekBoulevard. oadtVa�lco �� that both the W o�fe R LOS D} show 42 4 seconds ax�d parkWa t 2 PROJECT EIR APPLE CAMp�ftT�NG PROGRAM pIITIGATION h10N1TOT�l NG AND REPO Date LSA ASSOCIATES, i N c� Completedt SEPTEMBER 2013 geSponsible Paxryl Timing Signature Implementing�'roceduxe M4nitoring Action Mlt�gation Measure and Stever►s Creek Boulevard(wQl£e 49.9 seconds and Road intersection erate acceptably LO5�}would op t,vith the proposed�he wolfe d U Date: �rn restrictions at See Mitigation allco ParkwaY l�tersection. easure Road(`� r/Ieasure`I`R�''NS�6' act would be xeduced gee MihP,ation M S1�natuTe: �e project imp �t� ation Measure ,�NS_6 to a]ess-tha�"S� ificant level. See M� � t intersection#27 Tantau T�NS 6 Tg�NS-16:A oad,the pTo)ect ,AvenuelHQ�1eStead R len1ent Mltigation S�onsor shall NS 6�add exclusive Tvleasure� ",�hich Date: eastboux�d right-turn lane�, ltl ation See M� �g would improve inteTSectionOS D-t52 6 �ti ation Measuxe Measure TRANS-2' S��ature: ptab�e T. See M� �g operations to acce easure See Mitigation M �NS-2� seconds)• #31 Tantau �NS-�• T�NS-17;At�ntersection pro ect p,venue(�lallco Paxk�'aY�thetl at on Sponsor shall implement M� g NS-2�add exclusive Date: N1.easure�A h lane�,which See Mit�gat'on throug Measure 8• northbound See M�tlgatio� �rTeasure TRANS gl�ature: would impro"e intersection at�on Measure LOS C(28•7 seconds)• See Mitig TRA�S"g' o erations to t intersection#32 Tantau T�NS� TRp,�`1S-1S:A oulevatd,the p,Ve�ueJStevens CreekB onsoT shall imple�e�'t project sp NS-S(add Ml�lgation Measure TRA ht �rn 57 exclusive souvh�b�a� rove lane)��^'hich CT �IR ApPL� �RgepRT►N��YR���A� Dtt'fIGAT1�N hiONiTORLNG AND Date Co�pletedl ing Signature 'rim pCIATES'�NC. onsible Pa�YI ges Action LSA ASSBER zp15 Mo�itoxin� SEYTEM Implementing PYO�edure pate� 1�1 ation Mitigation MeaSUYe See M� � NS-9a• Sl�ature'• ation MeaSUTe Measuxe 49.4 See 1Vlitig LpS D skiall ,TR�Ng-9a. e pxo�ect sponsOT ahon in�ersection opezati°�S to � ox srall d pursue Mitig Seconds)• ,�e�YOje��Sp°ns diligen y NS_19a, 'I'I�A val ��RA�S-19a: ationMeasure �easure ln appro le�ent�rlitig, eastbound r�g�'t- lncluaing Seekof Santa imp add fxee rove the Ci�' TI�NS 9a� w°usa p �(�1�5 f Tom a����£appT�ved' �xx,lane),`rrl�'ch S Claxa, en�Mitigation on opetation Srall imple��NS-19a.See inteTSe�� Meas�xe Seconds�• shall ation NLeas�Te �e pTO�e�t Spons�x Mltig ,��NS-19b: to redu�e NS-9a. M�rO�zam ation � d tYLe�the impact(Mitig exp�' the SeQeT��ANS-9a�•In�reasi��,the NTeasuxe ation and assOCiated ,�N1 particip share fron'28 ve ould i�`pzO`'e made alternan 34 er��'�t w g seconds� pezcent to p F �19�5• g�tion opeTatio�s to t-�S of M�ti out i.mPlem��'tatio�ever t�'e �,,�ith �A�S_ga;h° would easure articipation � TpM P to a less-than- �ot Yed��tY'e imPact vel. Sl ificant�e 5g E�R CpMP�RT�N peEnoGRAM Aep�NO �gQ � ��oN1�oR`NG A A1�'C�G A�,O pate Con'plete� SlgnatuYe ,Tirc�ing �e pax�Y� 'patie� �esp��slb A�tl�� iti�,a�°� ES �N�. Nionito�n� See� �NS,�O• Sl�atuze: Proceduxe eas'�re I�easute SEQ�EMB�����j3 �nl41exret`tirY� See M�tigat�O�M suYe l�easur e �Zp,I�s'1�. Mitigatior Mea See�iti�,atlOn T�S'1�' a ���o�,#4 NS.2p:F°r�ule�aidltia�'ze�o,ect '�' eekBo t trQ p s Cx s(eas� ation Ste�er gazz�p tMiti$ �x�ress�`'ay a d ex�lvsi°e S o�SQZ si1a11'�S 10 e �w�ch p eaSUTe� t�uz��a�1 �ate: oXthbo`iT'd1 ve intesse�ti 3 SeCOnds�. atipzr woUld impz o�OSD,�5�-�outside°4 the SeeMi�ig��N5,11• S1�a�te: opex etl��slz,tezse O'O,�U�Shcctioe,the ti a�°�'�eaSUTe Meas�ze ls SCI�,of Cupez�arantee trC�tz��ted• Te See MNS{�. Cl�,canr°t�twouldbe wo�ld a�lo�Nieasu ��A ,. in1'Pz�S e�so�1 t���a a u�ayoid1b�e' See Ml Sg�. �ox t �N Yen,ain Si �l�or nkesse�ti 280�am�'S, ,t.gAN'��1� zessw a��� leznent �a,,,�rez`ceEX�Q�sot sha'I�Nc_�.�.�ad`� Date: e zole�ti Sp uze la�e�' entex��& N� xoug o� to t11 xe: th F atio�` eas r,d tl� Gti Pzipz e t Si$�'atu Mx�g S�ve easd izzmpr°�e 1�1.,45�+�5S 3 in�O a Stzeeex�t 1 ozks N'rlc11wou to a��eptable Se��lonis li�W xe atii°rs 1vs 1z`ter ino S �e P tn1ez't shall eY'i'� �he �a peement`'vi�h{1'e °k�er ds�•Sl�`ce t of Cupett �emaiil �Sor shall Depax ay�ez�t d Srall 59 Sects de°f�he C�inik�a�t w��ld `Il�e prO�e�t Sp�ue Mitig,atl°n f�ix Sharea to VT A az� °u n,tY`e o�spz s1�a11 ently P�NS,22, �o�a1 St'b�`lt�e ,�zlsalctio avoidable� dili� t a�'d Un ect SP ifican e pzo� 1J1.easuze Seekl�` a 5.�1�p,Ns"22'�15 fair ShaTe ned in�ludln pa� a�1,2g2' toW ards���' ould utiO�' zo ec�s that w t a�bortatiOn Mp�s pRpJECT ESR A G AND AEPQRTII�G 4ROGAAM p11TlGAT10N biONtTO RIN pate Completedt �sA ASSOCIATES, 1NC. Timlrig glgnahue s�rT�n�sEa zo�a R.esponsiblePaxtY/ Procedure l�rionitoring A�tlon Implementing lement City of Cupertino• �rleasuxe VTA{o imp 1Vlitigation �aoxk with £xom VTA,and,if ent the transpoTtation of the shall imPle�` lmpr�vemen{S��entified in eTations approved, easure 1RP'NS- im]?rp°e�raffic op ments and M���ga�o�N1easure MitigationNl impac�ed freeway Se� .r�NS-22.The PT°Ject 22 added transpor�ation S5 a �1292j215 pro�ide onsor shall p Y on parallel facilities:(1)S S VTA towards planned capacilY ro ect(con�erting the o EXpress Lane p � toll l�e{O transportation prolects. existing H�v lane tO a le occupan�Qehicles to allow Srng pV lax�e f�x a fee} drive in the H View and San between Mou��ain eliminating the existing �ose;(2) I-280 bottleneck on southbouna d between El Monte Road 3 eithex tlie �,venue;and� } Magdelena BR`�)Stations Bus Rapid Txansit( ertino,or an p within Cup pro osed raVeme�t�T studY aaternative imp Tov�me�t of the towaTds the imp ax�,llel impacted Y-2S�corx�d�Ovidep apacity• corridQr that would p ount The fair share contribution a�'with was calculated in consultation �e�TOject's VTA staff based�o ect gTOwth on the contribution to a segrne�t' impac�ed freew Y tl�at the Express La�e, It i,s unlikely ro ect would be BRT Qx a�ternative]? 1 60 impleme�ted prior to prolect com letion and that these im rove- APPLE CAMPUS 2 PA03ECT E1R DIITICATtON h10N1TORlNG AN D REPORT�NG pROGRAM Date �sA nssocinT�s. �"�• Co�pletedl SEPTEMBER 2013 gesponsible Paxtyl Timing SignatuTe Imp�ementing Pxocedure Monitorin$A�tion lVlitigation Measure men�s would reduce the impact to a less-�han"Significant level.v1 addition, the City has no control over the i�p�ementation of these mitig�to he until the 9 Date: measures; therefore the imp pn$oing fxeeway segments wou]d xemain .�e p�blic Works months followin& S� atuxe: unavoidab]e. .�e pro�ect sponsox shall full occup��Y of the � si ificant and Department shall review a� 'TIZANS-23( submi�detailed roVe pl.ans for the three ��o�eC{site. Second A]ternate): T�e fox thzee �pp onsor shall be permitted to pro}ect sp exit laneS construction pla� �eft-turn exit lanes an constru�t three�eft-turn olfe Road if left-turn exit lanes that associated educational from the proleC�Slte to W include the following materials. all of the following measures are e�e�ents: �mp�,e�ented: � Location of signage� In addition,the City shall e,including but � � g and avement � Clear signag Shall be stripin p review the monthly after le ends that indicate the monitoring reP�rts,and not]imited to overhead signs, Te ort, ' lanes in otder to destination of each exit each monitoxing P instalied to indie eX�1�e destination o etermine whether the three each of the thre 1a�e. d pexate discourage unsafe lane changeS� �2�Lane markingS left-turn exit lanes o Each lane on W olfe Road, indicating that lane change5 acceptably.If the lanes are ' perm�tted. not determined to operate between the driveway and are not shall Avenue,shall be clearly 3 Location(s)of closed acceptably,the C�-tY pruneridge 1e to pTepare ainted Stripes,directional t Yequ�re App marked by p ends to circuit video cameras to le�ent a record operations at the plans£or and imp arrows and destination leg left-tuxn exit indicate the d e5bn aou le lines or e intersecrion. reduction to two and to indicat Y 5 that ]anes. arkin �e project sponsor shall other appzOl'riate m � educational changing lanes is a violation of law• also develop �e pxoject sponsor s11a11 lainin the � materials ex 61 fund the followin measures for a T ElR AQp�E C REq RTING PR�GRAM htITiGAT10N M�N�TORING AND pate Completedl Ti�„ing gl�nature T�S, �N�� y7onsible P ax{yt �Ep�'EMBER�Z073 ��SF �Ctl�n priltO�ng Im�lementingPYOCedure M lviitigat�on Measuxe vewaY proper use of the dri ne months from eXitlanes Witho�t�'`'eaving exiod of ni �onglanes• trial p a f the first certificate of from p,uilding�`d iss���y£pT the Main �addition, of tl1e first oc P circuit video o��upan�' to a 9' closed- ee ex�,e�dix�g tall tQ the City's TTaffic employ after full shall lns linked ously trial petiod camezas to�ontinu montZ' o£t11e project, ppexations Cente� �S at the ovemen occupaxtcy pto ect Tecox d vehicle m d along the CitYr ati St�shall�etain pTOject dxivewaY�' oad.Trained Sponsot s co erso�el to thbQUnd w°lfe R e endent fxom e endent P eek, sou who aTe�nd p dically ind P e a�' personne>> all perio pexiodically t�n� f at leas� ro ect sponsor,s2' dU�ation o r the� � footage at the for the o�e t�,�,q-hou �e video d rovide a �o ANI and te�iew Cit ,an p th to�he exiods}review dixectio��£the y mo� pM peak p end of eacl' ,�is report �potage at tY'ewolfe Y��oxt at the ent• video N• works�ePasa e or illegal lane public ent un noting intersection an axe a sh�l dO�um obser�ed, goad and prep es(�iolatio b� violatioz�s�d �hl Tepor� chang n,°n Y unsafe ox accidents�au$ed y rofessional do�menti�g es whether,in tY'e e dent al laxie chang noting illeg acciden�s caused �udg.ment of the indeP violations obSeTVed, e�hanges, the observed that by u�safe lan obsexver� Safety problem obsexved constitute a d,if s�r whe�her the tes a shou�d be addxessed� to addxess behavi°T COnstitu ommending�`easures roblem that sllould xec S�e�p an�,if So, the�'• t�zne follati'�x�g the be addressed measures tO 62 If,at any n,ending ' th trial pexioa es listed recom them nine-mo�' of the measur address implementation Tevent abo�e dO�'Ot sub 5�antiall C� ElR OR NG AND R�Y�RTIP�GOYR�GRAM p11T►GATIO K h/OntT Date Completedi Tlming Slg�akuxe Responsible Partyl 5 E p T E M B E Rh2;}, t N�• �uTe Monito�ng p,�tion Implementing PxOCe Mitigation Measuxe on violarions�in the professional�al�e endent observet an of the indeP e whetl�er determin the City sh�11 Te required,or CitY� easure5 a ber o f lanes must be additional m Mo�toring wliether tY1e num xe�uced to t`^'o eX���'e�ont�'s tinue un � of tl'e shall con W�n��v occupan Y £ollo Sha11 project. ,�le proje�t S�°nsot , �oyee education �ate: develop eT"p e Satisfa�tion of tr1e to entexing o£the Priot Te: the PrOpex use Sl�atu matexials,t� ea�ing �orks in{o�Street City,exp���'ing va�thout N' .�e public �iew �nd impxO�ement exit lanes shall ent shall xe dxiveway �n50T Depaztm tY,e a�reement, among lanes. �e proje�t Sp rove plans for din bonds or onsor Shall detailed d shall aPF �easure. in�lu $ �e pro�ect sp pro�ide lans an n,itigatton otl�er suxety to �S-24� South b�U'�d construcn°n p itigation tee the ��' a dedicated tau ct the m guaTan rovide �the Tan constru hall pTO�ide iti ation measure� p �ane a �ntersection. m Y� onsoT zight-turn a�kway n'easuce,�T S ding f°r �he pTaject sp p,venuelV allca P adeQuate fun a�e�laxts d�o�struction of Sh�ll r �esign ana�on measuse• appxo�ed by t�'e tl�e m�tig �ate� Cit • I'rior to ente�in �e public w°rks 63 .�e ro ect s onsor shall ,�e to ect s onsor shall TRANS"25� JECT E1R pR0 WI ING pNA R pORT�NG PROGRA p1171GAT��� ���N��01� �pate Completedl LsA Assoc�ATES, �N�� Timing Sl�ature S�PTEMSER t013 ReSponsiblePaztyl MonitorinP,Action Implementing Proceduxe a street Si�ature: into ation Nleasure Depar�ment shall review improvemenith the 1Viitig �ri ation iti atio» ent w y uTSUe NI� g plans for the m K agxee�' ertino, diligentl P NS-25, d facilitate Cl�,of CuP d I_Zgp off-ramp Measure'��' xoval measure an with Caltrans and ro ect sponsor vviden the northboun modate two Seeking ap� dls�ssions lement tY1e p � s at�Nolfe itoad to accom �ncluding and�if Shall have plan onsor would fTOm Caltrans, VTA in otder to imp lanes.The px�lect sp VTA, lement apPrO`'ed bY tY'e staff, ap�roved,shall imp �his measuxe. w��h includes �eed to t^'ork with Ci�Y and e�suxe City lan,design Mitigation N� or ather and Calt�ans to p with all �e pro}ect bonds wideni�g �p'NS-2�all rovide surety�a guaran{ee constxuct the the project 5po�sor sh p rovided by {he mitigation �unding p �s u��ex detailed co�struction p �'S In the �e off-xax�p ct the measuTe. Sponsor. �erefore,the and shall constru th�t the urisdic�ion• easure,or shall event Cal�rans j ot ensure the nding project sponsoT can of CupeTrinO cann osed mitigation n'uate fu City of the pr�P rovide adeq demons�ate to�e impleme1tation act is P n and�o���'�{ thus the imp to desig of the ation measuxe; 1 the identified satisfaction Ynitig nl£���t and either( ) orks easure or;(Z) public W considexed sig ml�lgation m �epartxnent that, unavoidable• �altexnate improveme�t which w°uld r"itig ate the despite their beS�ill efforts,Caltrans impact to the satis�action of roVe�he of Cupertino's not app ation �he City e artmen�• �dentified ming Public W orks D p YneasuTei�en the pro}ect spflnsox shall pTOVide th���ing rnax�mum to the City of held Cuper�ino to be in eS�row until an 64 ElR �AM4�R����RR�GRAM AeQL ND R�4 N'�o��N� A O b1�'C��'A��ON � t'�ate COntpletedl Slg�atuYe .tin,,ing le�a�Y� �e o���Sz ri�p'�tlan M alteznate ti pSSO��^2o 3'`"` zocedt'ze in�pr°�ezz�e to tk� e SErT�"'B�R 1x►i41en�ex`tin�p ctori1 satisfa C�peirino s C1��� qTk`' Measuxe �,ubli�� e��is MitigatlOxt DepaXtrnd S�b�e�t to appz4v�1Tements o£ t1�e xeq ent C°de G��e��p01�d�' Se�e°�U ds�,,illbe 'I�' d to the zelease sib�e age�cy xo pe h pr°�at is e a� �,vith ap oTOZ n`�'ed� ds Fx gex�ess£Un any �ed to the xe o e��S o�,spz. pa�e: PT1oT�a entezin� a�xe. eet Sl�` ks in��a S�T ment e Ubli�w°T revie�' ixnPrOV t SoT Srall �epaxezner`te�aidgat'�'1 agree a z�gboz�ds�x To,e�t Spon l�ga�lot� lans�ox th fa�i1itate and in�l" Suxety to all �e p tl p�'zs�e M p eas'}Te a�d it11 Caltzans t otllet tee the e SOT S a�p d�as re`�k�n�a�pT°val a�s�,�.s�o ae�o iznplerne�' �tig tio t p��°x e�t S�on zo1 off' �S"2 6.'�'��ibou�d l�2 odate�`N� ir�lu dl x��Sa�s��'d,i f e�t y�P'�easuxe� �re p X O�e e la�,s '�den�1'Roaa to a�cOn�spz�,,io`'1d fz°�'C�ed SY`all iznplez�. �his 5ra11 Y`a� b5 a�wolfe To�ectsk�O� Staff�VZA� appi� Meas�Xe ��,es.'I`�`e P v�,i�l�Cl�' ��ard NiitigatlOn �e pro�ect wazk deslg �5�26' �ide a�d Cal�a�s�pae�ng v�'�t z 11 � sor s1�a11 Pz°tioz� �a�'s ecti S o� rstirv� �ons�u c t��lde�b y t l�e p£xeeN,a y o ff- de t a i l e d�o �ut,dino p�ldeni.�baa eha Second°�f sp°ns �o a��or�rc`o ram LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION MONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Campleted/ Monitoring Action Signature ramp lane and shoulder would likely and shall construct the approved by the require the removal of existing mitigation measure,or shall City.In the event landscaping in front of the soundwall. provide adequate funding that the project The feasibility of this mitigation to design and construct sponsor can measure cannot be assured and the either(1) the identified demonstrate to the off-ramp is under Caltrans mitigation measure or;(2) satisfaction of the jurisdiction.Therefore,the City of an alternate improvement Public Works Cupertino cannot ensure the which would mitigate the Department that, implementation of the proposed impact to the satisfaction of despite their best mitigation measure and the impact is the City of Cupertino's efforts, Caltrans will considered significant and Public Works Department. not approve the unavoidable. identified mitigation measure,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 City of Cupertino's Public Works Department is approved,subject to the requirements of Government Code Section 66001(d). 66 � EtR A4QUE C R Y�R�1NGOeROGRAM A{VD AiIT►GATtOn rt�N1T�R�NG �pate ConlPleted! ing Signa�Ye 7'inl ��paztyl �N�� Res�o�sib Action e Monito�r$ e funds will b 1.SA ASSBERAZ�3 Px��eC��iYC � y,e U� sEeT EM tin� zeleased tO en�Y In�Flen�en xesP°�e pro,ect is NieasuYe °n�e d Nlitigat�an Toved a�' �th ed ap w prOgx��� ds a���ed to t�'e tu xe onsor• pate: Yo e��S Pziox to entexing to a street S�,�ature' ii� ,�e Publicw°rks imP�O°ement all l�elp s1�all. attment sr Sslons xee�e�t, zo�ect sp°�s�xuze of Dep te trese d15cu e street a� dingUOnds°r '�Y'e P ti�he clos facilita trat th e in�lu Te to im�' e�s�z Y e ost lemen to the and Shall vexi �ans reflec��r oth � 5- �e S��the ti o vlllage vel�icu1ar a�cess ewaY ro�ex�'ent p Te adopted• uazantee th meas easure, 27: n1 TI��ay to the Cu� �h15�,itig,atl°n Southe�x'o a� b�sed on Ci� �itigation u �z,itigSto1 n onsoi , t�e p ect SP S ah llbe�losed•albeless-t�ian (wol4e orbetweenthe er�Y �a°e p1an �,,ou facilita Village pzop shall b the the inl�act Cupeztino ons�r' appzoved Y S��ificant. o,��eT and pro�e�t S� �ate� Cl to entierinY, Or PT to a Stxeet Sigrature: �e PublicU''1oTa�Teview�'d imprO"emen� ct sppz'$Or sha,T pepaTt e deta ed Ylan e°r agreua��bonds pz a��{he �U�i�detailed PeasuTe and �eTmitigatlO'1 meas'�r in�l er oth SuTe�rto e the lessen�Y'e imP ,�leld S �,;tiga�jOn m ation uaxante UTe, NS-28�T° all install a tre the"'i�� g ation�'eas `�A S onsQZ Sh t1�atedbY a �onstruct n,iti pr��e�t ,psl�thati'S a� p,dditiorally, measuze. 6'1 toPeds �Shbutto�• h pedeStrianP tall a�`lg ladder the Pr°�e��S�all 1 lk ti.e.,with olfe at tbe ast leg of the W visibility e�tio�`to stxip��g� ��essinters �oad��,ro ect A pPPLE CAMYUS 2 PROJECT EIR TfON A1�KITORING A�D REPOKT�NG PROGRAM DIITIGA Date LSA ASSOCIATES, INC. �Qm»let�d� SEYTEMBER 2013 Timin$ t Responsible Paxty/ gignature Monitoring Action Imp]ementing PxoceduYe ect s onSOr the proj P Mitigation Measure shall have plans appxoved by the help make the crosswalk m°Ye City. prominent•`I'hese treatments would lessen the impact,but would not Date: mitigate the impact to a less-than- Prior to en�eT�ng i£icant level as pedestrian access i�to a street sign onsor shall The Public Works Sl�a�re: wou1d still be im eded. .�e roject sp pe artment shall review im�rovement ance the pedestrian p ursue Mitigation P TIZANS-29:To enh ��ligently p plans for the mitigation agreement, e�t and lessen the Measure TRANS-29, d facilitate i�cluding bonds ox environm a roval measux'e•an act at the six I-28� ��c}uding seeking PP disc�ssions with Caltrans in other surety to pedestrian imp �e xoject and,if lement this x��ps with Wolfe Road, p from Ca�trans, �ement order to in'p guaxantee the approved,shall imp �easuxe• mltigation measure, Sponsor shall provide eC osswalks. easure TRANS- onsor crosswalks at all ramp M�,tagationN� the pro}e�t sp for the I-28� 29 �e project sponsor shall sha11 have plans Additionally, the roject southbound loop on-ramp, p rovide detailed approved by the construct,a�d ponstruction plans and shall Ci�,.�the event Sponsor shall designo im rove the ation ro ect fund the following p construct the mitig �hat the p J h roadway measure,ox sha11 provide S ponsor can sight dis tance to an�dustry standar to Caltrans monstrate to the of 250 feet fox a 35 p fu�ding de include: adequate to design and satisfaction of the fence on construct either(1)the orks Replacing eX�sting Public W • overcrassing�'�th°ne that has �dentified xnitigation Department that, measure or;(Z}an alternate despi{e their bes� better transparency; Caltrans will Trimming an�maintaining improvement which would efforts, ' znitigate the impact to the not appro�'e the vegetation on n�280 so thbound ation satisfaction o�the Public identified mitig the Wol£e IZoad/ WOZ�s DepaTtmen�• then the measure, loop an-ramp� to mo�e the . Redesigning the ramp crosswalk£urther north;a�d 68 �,ddin a avement le end to LSA ASSOCtATES. INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION M1IONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature indicate pedestrian crossing. project sponsor shall The treatments would lessen the provide the impact,but would not mitigate the maximum funding impact to a less-than-significant level, to the City of as the increased vehicular volumes Cupertino to be held would still exist.Further,the in escrow until an feasibility of this mitigation measure alternate cannot be assured as the on-ramp is improvement under Caltrans jurisdiction. satisfactory to the Therefore,the City of Cupertino City of Cupertino's cannot ensure the implementation of Public Works the mitigation measure. 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 ro'ect s onsor. TRANS-30:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date: upgrade transit stops along Wolfe submit detailed plans Department shall review into a street Road between Stevens Creek prepared in accordance plans to implement this improvement Signature: Boulevard and Homestead Road,on with the re uirements of miti ation measure and a reement, 69 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION MONITORING AND REPORTINC PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature Vallco Parkway between Wolfe Road VTA and the City of facilitate discussions with including bonds or and Tantau Avenue,and on Tantau Cupertino for the VTA in order to implement other surety to Avenue between Stevens Creek development of transit this measure. guarantee the Boulevard and Homestead Road. stops along Wolfe Road mitigation measure, between Stevens Creek the project sponsor Boulevard and Homestead shall have plans Road,on Vallco Parkway approved by the between Wolfe Road and City. Tantau Avenue,and on Tantau Avenue between Stevens Creek Boulevard and Homestead Road.The project sponsor shall provide standard VTA shelters as shown in the approved plans.If the project sponsor opts to provide enhanced-design shelters with amenities,it shall provide a plan subject to the approval of the Director 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 standard VTA shelters at the s onsor's ex ense, 70 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION DIONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature subject to the approval of VTA.If shelters are replaced with standard VTA shelters,the sponsor would not be required to maintain them. TRANS-31:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date: Measures PLAN-2 and PLAN-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2 multi-use paths and the pedestrian and PLAN-3. Signature: improvements proposed as part of the project would lessen the impact,but would not mitigate the impact to a less-than-significant level as the elimination of existing pedestrian facilities would still occur. TRANS-32:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date: Measure PLAN-2 and PLAN-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2 multi-use paths and bicycle and PLAN-3. Signature: improvements proposed as part of the project would lessen the impact,but would not mitigate the impact to a less-than-significant level as the elimination of existing Uicycle facilities would still occur. TRANS-33:There are no feasible No No implementing/monitoring No Date: mitigation measures to restore transit implementing/monitoring procedure required. implementing/monit access to Route 81 for The Hamptons procedure required. oring procedure Signature: residents,therefore the impact is required. considered si nificant and 71 LSA ASSOCIATES. INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 p11TICATION DIONITORING AND REPORTING PROGRAM Itesponsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature unavoidaUle. TRANS-34:There are no mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date: measures to reduce the impact to a TRANS-32. TRANS-32. Measure TRANS-32. less-than-significant level. Signature: Implementation of Mitigation Measure TRANS-32 would lessen the impact,but not to a less-than- si ificant level. TIZANS-35:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date: Measure TRANS-9b. TIZANS-9b. TIZANS-9b. Measure TIZANS-9b. Signature: J. NOISE NOI-1:The project sponsor shall The project sponsor shall The Community Prior to the issuance Date: implement the following measures at ensure the following Development Department of grading,building, the project site during all demolition measures are undertaken shall: or occupancy Signature: and construction activities,subject to prior to the initiation of (1)Review the project permits and the approval of the City: construction: construction plans and verify periodically during • The project sponsor shall ensure (1) Construct sound walls that the provisions listed in project construction the construction of a 15-foot high along the project property Mitigation Measure NOI-1 activities. temporary sound wall along the lines,as specified in are included. project's property line adjacent to Mitigation Measure NOI-1. (2)Review and approve all sensitive land uses. (2)Submit a construction construction truck routes. o A temporary sound wall shall management plan for City (3)Maintain the name and be constructed along the eastern review,which identifies contact information for the project property line to block construction site layout noise disturbance coordinator the line-of-sight from the single- (trailers,storage of on file throughout the family residential land uses on materials,truck routes,and construction period,and Howard Drive and Meadow edestrian aths), ensure that the contact is 72 JECT EIR APQLE C��YOATING�pR�GRAM 6tITIGAT�O� htONtTOR1NG AN p {t E pate Completedl Timing Slgnature ASS�Ctp,SES. ►NC� Paxtyl LSA 2D13 Responslble S E P T E M 6 E R onitoTin�p'ction Implementing,PrOCedure M 1Viitigatiox► IVieasuCe accessible�o tessdents and xouees,an la ee �rion local e�'p y exiodic site constru �tion measures to C�)Conduct p throughOUt the roject construc�iT h noise xedu ented during all i�spections to ensuTe [�venue t�p east side of N be�mplem �o�tru�hOn ction period axeas on the demolition and constru oise 'This S°��'d ropxiate� Tantau p,venue• from tY`e �iat aPp etback a��,ivities• noise nneasuxes are �,,Tall shallbe S uch as 3 �esignate a reduction the siee• properry line as m xo ect � ) lmp�emented on fot p � disturban�e CpOrdin�tor to �easible to sti�1.alloW to occur. d xesolve noise ction activities ve an hflut the constru So�nd N,all sllallbe c�mplaints tk'xoug p,tempotary the southe�' ction period,and ° along the constru e and cons�u�ted eT�line to block vide the nam pTaject pr�P from`�`e Hamptons po�a�t infoxmation to the line"Of-S'gh ction areas in to pYOject constnl of the Ciry• the sQUthWest poxtion all shall T�'is S�u��W erty project site. the prop be set back frO�' to still line as much as feasible allow for PrO�ect construction activities�o oc�r• d`,�,all shall be o p tempora'y soun along the"Orthexn const��ted blo�k�he pro}ect pxoperty line to le- ht from tr1e sing lirie_°�-Slg tial ropeTties 1� Tesidex► estead R°ad to fam Y �S�Hom �orth of E the project constx�ctioil aTeas 1}ect nortl�ern poxtion of tY�e pro allbe set �3 ,Z'�iis sound wall sh Site. xoperty line as back�xpm the p till a�.�ow fox much as feasible to s ��T E1R ApPLE �REppRT[KG YR�GRAM �L�TtGATI�N M�N���R��� A�D ,pate Co�pleted� ing gignatuYe 'rirt► onsible raYtyl ASSO��ATES, ►NC• �esp A�tion SEYTEMSER �a13 Monitorin& Imp�em�ntin�,Pr4�eduYe MeasuYe �rl,itigation e�t constiYUCtion a�tivities to �rO� �ccur. tTactox sl�all . The prO�e�a�o Sts��tion liaison designate TeSponsible fot tha�sha11 be �ocal�on�+ xes�ondix�g to�struction n�lse. laints abOUt��� ��ne the p a11 detetm �s�e•g'' �,e liaison S�' lse complain of the nO muffleT)and cause early�bad easonable me�SUTes to starting too ne inst�tute r p,telep�'o the problem• s�iallbe �Orre�t the liaison number�Ox osted at tY`e �onspicuous�y e�ons�uction site perime��ide�o all adja�ent p�Pe��w e�t of onstru�tion. mencem toY shall cvm e To}ect contTa� �tion o �' p that all mnstru a Yopxiate eau pme�t has PP d hlgh_quality noise muffling an �,vhich abatement devices, mai�tained t,�,ouldbe pxO��timeS Su�h �4 d used at a eratio�� �he an ent is��°� to e�p�am�co�tiraa�°rall stationa�}' � t feasible,Pl men�So that exten e ui const��tion S �ECT gIR Z YRO �GRAM p,pPL�p RgpORTtNG �� NG A ht`TIGA�'oN MON�TO RL �pate Ca�pletedl Sl�natuYe onsible raztyl Tinung �IAT�s.,N�� gesp p,�tion sEp�E"'8ER zo�3 Monito�ng ImYlementing�'rO�eduxe Measure Mitigati°n cted away oi$e is dixe rest emltted n reCeptozs z'ea Sensitive ftO'�' tin the k�xO�e�t site. olse_genexa g ro�ect n �e., EXteriox P ' �onst�ction a�t'vities(• truction and co�s itted grading, Shallbe p tia11 er y demolition) of nlybe�ee the w�th�� 75��eet ed roper�'° Y d g:00 p.m•�n ZOn of 7:00 a.m•ar► tl�e h°uTs �1OUrs andbetween on `,,jeekdaYs, and 6.�p p.m• hallbe of 9:00 a.m• u�h�,"oTk s vaeekends.No S S�l.e.,New eYmitted onY'OlidaY empz1al Day, YeaT's�ayr r/I 1,aboT�aY, Independen�e Day' Chzistmas �anks�iving DaY! Toved bY t1�e ex�ept as�p� Uaoym�mun��Develop�'ence may be Noise V arian Contxol Dlxectoz•P' t11eN°�Se ed�rOm of obtain occuzren�� r for eacl, constxuction pffice tempoxarY Speci�ic ex activities• a�tivities,°th �5 C�nstruct�on �tion,Sh�llbe o stxu unless than Stteet CO holidays, ptohimieed t�e City of theY httime of S ni Cu extin LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 DIITIGATION MONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature maximum permissible noise level standards. NOI-2:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date: resurface the following roadway resurface the roadway Department shall verify that into a street segments with RHMA-O or similar segments identified in the repaving has been improvement Signature: quiet pavement: Mitigation Measure NOI-2 undertaken on the identified agreement, • East Homestead Road,from North with RHMA-O or similar roadway segments.The City including bonds or Wolfe Road to North Tantau quiet pavement,or shall maintain this pavement. other surety to Avenue;and reimburse the City for the guarantee the • North Wolfe Road,from cost of doing so. mitigation measure, Pruneridge Avenue to the I-280 the project sponsor northbound ramps. shall have plans approved by the Ci K. GREENHOUSE GAS EMISSIONS AND SUSTAINABILITY There are no si ni ica�it Greeiihouse Gas Ernissions or Sustainabilit im acts. L. AIR QUALITY AIR-1:Consistent with guidance from The project sponsor The Community Prior to the issuance Date: the BAAQMD,the following actions shall ensure that the air Development Department of grading,building, shall be required in relevant pollution control measures shall verify that the air or occupancy Signature: construction contracts and identified in Mitigation pollution control measures permits and specifications for the project: Measure AIR-1 are identified in Mitigation periodically during • All exposed surfaces(e.g.,parking incorporated into the Measure AIR-1 are project construction areas,staging areas,soil piles, construction plans for the incorporated into project activities. graded areas,and unpaved access project and implemented at construction plans.In roads)shall be watered two times the project site. addition,the City shall per day. conduct periodic site • All haul trucks transporting soil, inspections throughout the sand,or other loose material off- construction eriod to ensure 76 OJECT E�R ��pLE C R�ppRT1NG YROGRAM hLITIGATI�� ���NiTORING AND pate Completedl Timing Slgnature SEYTEMBERA�l3 INC. onsible PaxtY� gesp Action Im leme�'ting PxoceduTe M anito�in� p ��lon pexio� aiz Measuxe �at�onstru trol measures Mlt�gation pollution con ted at the ate being implemen vered. �roject site. hall be co �ked_out site s ud or dirk�as Shallbe All visible m ublic road ' o�to ad�acent P wet po�^�'er vacuum rema�ed using ers at least on�e Per street Sweep of dry p�j'`'ex day �1e use bited• eeping is pTOY" unpaved A�1 velvcle speeds Y a to 1��iles � road�shallbe lim peT�,our t�`pY'arivewaYS'and . p,.11 roadw�Sbe paVed shallbe sidewalks pssib�e• �on,pleted�S SpOn as e laid as soon ads sha�l b Unless p,uildin�,p after grad'�K uSed• as possible bindexs axe seedix�g°x soil �en�idling . Cons�ru�tion equ'p ized eithez bY a11 be m�'im en�ot times sh ui m�n�of�wh shUtting,e9 � the�,aximum ir�use or redu�1lginutes(as idling time to 2 m a airborn� b the Calif arni re�uired y easuxe Title 13� txol m Code of tox�cs� 2485 of Californla e Section CC��},Clear signag R��lations( for�onStTUCtion �� sllallbe prOallad �ln�s all ccess p en�sh �,,JOrkexs at �tion eQulpm . All�onstru ro exl t��ed be maintaix� ed and ? E1R App A�C REeQRTIIiGOpRQG�AM hl�T1GA���N ��N���R�N� D ate Complete� �ature Timing Sig onsible�a��f gpClATES, �NC. �es p,ction ����nEMBER io�s M�njtO��g Implementing rrO�eduxe ZViitigakion �tieasuxe rda��e`^'itl�tl'e in a�CO � ecifications�All cturer S Sp ed bY a eu�ment shalln c a�a determined q echa dirion to be�r�'ing in pTOPer cor+ �eztified m o exation. t shall p�st a pT10T�� e t ap�lican the ,�e pto} �,virh � publicly v�s�blebe�nd pexson to telephOr`e n'� C�.t of CuPezti�o ta�t at the y l�ints.This con dus{com to complaints regardin&all tespond pexson Sh eCt��e actioz��'itr�n a�d take��zr AQMD�S phone 4�houzs.`�'e B o be visib�e ro number shall als �,�,ith applicable ens�xe complian�e Ye��ationsa SUxfa�es shallbe uen�Y adeauate . All expose freq watered at amin�mum 5p11 to maintaln t IVloistuze moistuze of�.2 pexcen . ten�can be verifi Te p�be. con or a�,oistu d�ox Samples tion,�rading,�` . ALl ex��va shallbe �8 demolition a�tivities ed W�'e�average�^'ind Suspen eXCeed fast- 2��'�Y►' eeds c��ex(e•g" Sp r�und �eed�oz . Ve$etat1Ve� Tass exml�'atin native C T E�R A4Y�'�p R Y�R��NGOY�OGRAM AN �llT��'A�i�N N��N�TQR,NG Date Coml'letedl at�re .�i�'ing Si�' le pax�y� �es�onsib A�tlan s.tN`� Niorit°Y'ng 1,SA ASSBERAZ�,' xo�eduze S�YT EM Ixn�len�entln�P Measuxe Mltigatl°n lan�s that of4er dust o�he�p ��es Shallbe �itigation rc`eas xbed axeae as S�Qn p,anted 1z`d�s�W atexed d �1�egetatlon is as�'OQpTia�ely`�ri ��of app lished• °� azid g,xOUnd_ estab e sim�ltane�'�s , , `I"h gtad�x'g activities eX�a��tion, one rime �ons�uction dls�zbing ea at any o�tY�e Sa�e aT To the exteT`'t itea• allbe phaseed sllallbe lirc� sr £easiblei a the tamotant°f d�s�xb to xedu�e one tirne. �es at ana eaulp�ne�t�be Surf a cks an Srall Al�t� ��ieiz tires, eaving�Y'e • ix���udln�' rior�O 1 N,ashed off p tirol a S oY otrez eTQSlor�on site. ed to Sandb & be��sta11 � �'easuz t s�l�r�unoff to p�"b�a��ope ��ever ���o�sites zoadwa�' 1 e�cent. ?9 grea low o atpe°OG�oatings • Use d�1.e.,R ents �otriP°�r ca1 xeQ'��xexx� beya�d t11e 10 g Ru�e 3� lation ' (i..e.,Re� 1Coatings}• aslble� Ar�the m ximu�eX�ex�t�e TQ E�R YQL� � �Y�R���G RR��R�� A AND 1�T�GA�1�N MoN`�oR,NG Date ° Co�plet�dl tuze �1$ra �1�'ing Paz�y� Respox�.s�b�e A�tlon Monl�oYing INC. VgP �'SMB�R�� 3 ertirg�z�ced��e B SErz I�p1e �easuYe Mitigat'On t dlesel �stxuctio�eaa pz�s a�lbe a�l �k a�d gen� ��v�ila��e on ttu S ed�.ritY�Bes for e�lssi e�lulpp ,�e�hrolo�'�dpM. e Co�,tr°� of�C�" t�eas�b� , zeductior's �m��eXte e eAulpmerti • �o tr a� TS sr us 11�O�'�aCt� RB�Slm�st T rco�f-t�ad a a�me�ts A ndazg fo tl� on sta en€�ll�es. certifi�a��dlesel wing ea�y e fo110 dlesel� • �X�ludirg tre�sure�Y`a�a1mer,t used equ'�'�e�o�f-x°ad e�1U`A„��ez 2„ P�wexe� eetSiJ S•�� aaSds,a�d Slte rc` o�star ed N,i�h �e haUS�em�ssaxe equlpp V ezified tr��exig�.x`es�$�,j,eve13 Cali�o�`�a� ioi,Ca�'txo� dlesel cl ae Dlese1'E�'�s l�h�c1�ir` a�eztified ��zatie�����e filters��� »Ziez� p ozme t tre�aa�d ox�'azme t tha� g0 t „ S�,ar �au�p 1�terlm �ss�o�s' ���e�2� i.,,atter em�.5•��� daxd�b�t �ee S�� ith V,,ill emission �v e1 exha`�St be eq'�lppe�ezi��ed��es �i11 ri°t „Leve13 �� s1�a11 �a1�fQxX'�a ���olstza�e$y lsslpz�Co En` d to� be li��te LSA ASSOCIATES, ING APPLE CAMPUS 2 PROJECT E1R SEPTEMBER 2013 I111TICATION MONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature o Scrapers 623G o Scrapers 633B o Four of the six proposed Scrapers 657G 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 ro ane. AIR-2:Implement Mitigation Measure See Mitigation Measure See Mitigation Measure See Mitigation Date: TRANS-9b(which requires Apple to TRANS-9b. TIZANS-9b. Measure TRANS-9b. expand its TDM Program and Signature: increase the reduction in peak hour tri s from 28 ercent to 34 ercent). AIR-3:Implement Mitigation See Mitigation Measures See Mitigation Measures AIR- See Mitigation Date: Measures AIR-1 and AIR-2. AIR-1 and AIR-2. 1 and AIR-2 Measures AIR-1 and AIR-2 Si ature: AIR-4:The project sponsor shall See Mitigation Measure See Mitigation Measure AIR- See Mitigation Date: implement Mitigation Measure AIR-1 AIR-1.In addition,the 1. Measure AIR-1. and the following additional measure: project sponsor shall design Signature: To the maximum extent feasible, material staging roads such The Community Prior to the issuance material staging roads shall be set that they are set back from Development Department of grading,building, back from the curb by at least 65 the curb by at least 65 feet shall review the construction or permits. feet. to the maximum extent plans for the project and feasible. verif that material sta in 81 LSA ASSOCIATES, ING APPLE CAMPUS 1 PROJECT EIR SEPTEMBER 2013 DIITIGATION M1fONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature roads are set back from the curb by at least 65 feet,where feasible,or another location approved by the City following a demonstration of wh 65 feet is not feasible. M. PUBLIC SERVICES AND UTILITIES PSU-1:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date: implement signal preemption signals install signal preemption Department shall verify that into a street at the following intersections signals at the intersections signal preemption signals are improvement Signature: (identified by the City and SCCFD as identified in Mitigation installed at the intersections agreement, the ones most likely to be used by Measure PSU-1 or provide identified in Mitigation including bonds or emergency vehicles accessing the payment to the City to Measure PSU-1. other surety to project site).The signal preemption allow for the installation of guarantee the signals would allow emergency such signals. mitigation measure, vehicles to pass through approxi- the project sponsor mately 30 seconds before arrival. shall have plans • North Blaney Avenue and East approved by the Homestead Road City. • North Tantau Avenue and East Homestead Road North Tantau Avenue and Pruneridge Avenue North Tantau Avenue and Vallco Parkway North Tantau Avenue and Project Entrance North Wolfe Road and Pruneridge Avenue 82 LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT E►R SEPTEMBER 2013 DIITIGATION MONITORING AND REPORTING PROGRAM Responsible Party/ Date Mitigation Measure Implementing Procedure Timing Completed/ Monitoring Action Signature • North Wolfe Road and Project Entrance North Wolfe Road and East Homestead Road North Wolfe Road and I-280(two interchanges) • North Wolfe Road and Vallco Parkway Stevens Creek Boulevard and Perimeter Road Stevens Creek Boulevard and Finch Avenue • Stevens Creek Boulevard and Tantau Avenue Heron Avenue and East Homestead Road PSU-2:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date: Measures PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. Measures PLAN-1 and PLAN-3. Si ature: 83 LSA ASSOC[ATES, INC. APPLE CAMPUS 2 PROJECT EIR SEPTEMBER 2013 MITIGATION MONITORING AND REPORTING PROGRAM 77iis page intentionall�left blank. 84 EXHi cA-2a Tree Replacement Worksheet Required k of Replacement Trees Total Trees to Be Removed (Per City of Cupertino Requirements per Chapter 14.18) Reauired Re�lacements for Tree Trans 24"Box 36"Box 48"Box Existing Replacement Trees with DBH=0 per tree survey ]1 JI Removed x 1 48"Box Tree 11 Transplant RequiremenN 11 4-8"DBH (2)36"boxes 5.1-12"DBH (2)4S"boxes Total DBH 0"-12"stnd 1908 N Removed x 1 24"Box Tree 1908 12.1-16"DBH (2)60"bozes Total DBH 0"-12"multi 15 #Removed x 1 24"Box Tree 15 161-20"DBH (2)72"boxes Total DRH 0"-12"Specimen(Stnd+Mulh) 8 #Removed x 148"Box Tree 8 20.1-24"DBH (2)84"boxes 1931 24.1-28"DBH (2)%"boxes 28.1-32"DBH (2)108"boxes Total DBH 12.1"-18"slnd 795 #Removed x 2 24"Box Trees 1590 32.1-36"DBH (2)120"boxes Total DBH 121"-18"multi ll #Removed x 2 24"Box Tree 22 Total D8H 12.]"-18"Specimen(Stnd+Multi) 9 �Removed x 14S"Box Tree 9 "Native&lo��water usage spedes to be determine 815 in consultation with Gty Arborist. Total DBH 181"-36"std 692 �Removed x 136"Box Tree 692 Total DBH 18.1"-36"multi 45 #Removed x 14S"Box Tree 45 Total DBH 18.1"-36"Specimen(Stnd+�fulti) 18 1t Removed x 148"Box Tree 18 755 Total DBH 36.1"+std 54 A Removed x 1 36"Box Tree 54 Total DBH 36.1"+Multi 24 A Removed x 1 36"Box Tree 24 Total DBH]8.1"-36"Specimen(Stnd+i�lulti) 26 A Removed x 1 98"Box Tree 26 10�1 3535 815 72 To[al Trees To Be Removed 3616 Total Replacement Trees Required 4422 MINIMUM Jt OF REPLACEMENT TAEES BY TYPE Tree Size SAPLING SMALL MEDIUM LARGE X-LARGE SPECIMEN Total by Type of Tree 15 CAL 24"Box 36"Box 43"Box 60"Box 72"Box &1"Box 96"Box 108"Box t20"Box 132"Box 144"Box 156"Box Type Evergreen Oaks 428 198 3 221 474 165 234 272 156 74 7 2 1 2235 Deciduous Oaks 402 255 71 367 1S9 300 112 50 18 0 0 D 0 1764 Non-Oak Deciduous Trees 30 0 30 100 5 30 75 0 0 0 0 0 0 270 Olives 0 0 0 0 0 6 0 16 0 0 0 0 0 22 Coivfers 30 0 0 27 233 77 18 17 1 0 1 0 0 404 Understory Trees 70 525 200 23 15 68 0 4 0 0 0 0 0 905 Fruit Trees 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total by Size 960 978 304 738 916 646 439 359 175 74 8 2 1 5600 Minimum Total Replacement Trees 4640 (24"box or greater) Total Keplacement Trees Required 4122 Excess Replacement Trees 218 Trees will be planted at much larger sizes than required. Total Proposed Trees: Existing to Remain 800 Transplant 90 Trees listed above(per plantmg plan) 5600 Fruit Trees(per planting plan) blkl 6,200 minimum required per MM BIO-3 TOTAL 7D90 Exhibit EA-2b 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'h 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 ainount 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 liinit 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 accominodate 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 iinpacts 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 o Miti�ation Measure TRANS-9b. As part of Mitigation Measure TRANS-9b,Apple would be required to expand its TDM prograin 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 prograin 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 ineasures already impleinented 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 ineasure 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 systein. 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 ineeting the peak trip counts goal,Apple shall impleinent additional measures until the peak trip counts goal is achieved. Apple shall choose from ainong 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 inonthly cash benefit that is drawn down each day they use a free parking space at the project site. • Other Viable TDMMeasures. Other TDM measures identified in consultation with the City. TDM Prograin 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 prograin mitigation ineasure is iinpleinented 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 inonths after occupancy of Phase 1. TDM inonitoring shall occur over the life of the project.The TDM inonitoring 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 inonitoring 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 additional6 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 ProQram 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 finn would be retained by the City to collect data and present the results of the inonitoring prograin 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 inid-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 Progr�am 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. Payinents 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 Consuiners in the San Francisco-Oakland-San Jose area). The funds from these fees would be used to provide for City-wide implementation of TDM prograins 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 reasonable upporting 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. Monitorin�ProQram Funding Apple would pay the City for the annual monitoring costs including the cost to conduct monitoring and City staff tiine to review the annual monitoring reports. Monitorin�ProQram 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 inay 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. Apple Occupies AC2 Campus� 6 months �Monitoring Details Monitoring Schedule for Life of Project TDM Program Monitoring* • Annual monitoring forfirst 10 years. • If in the last three years of the 10 years,the peak trip counts are not exceeded,then monitoring is every other year. • If monitoring reveals that Apple exceeds the peak trip counts,then annual monitoring will resume until they meet the numbers for three consecutive monitoring periods. Meet PeakTrip Counts? Data Collection Periods • Conduct counts between: 1 year •Mid-Februaryand late May,or •Labor Day and Thanksgiving week • Counts should not be conducted on: Ye5 NO •Any school holidays •Days immediately before of after holidays or long weekends •Days with inclement weather Additional TDM Measures: • Consult with City 120 days . Select measures from Monitoring Program • Implement measures 6 months Apple Agrees to Implement TDM Measures? within 60 days Yes No witnin 60 days 3 months Follow-Up Monitoring Apple Pays Penalty $5/day/trip for monitoring period Meet PeakTrip Counts? Yes No Apple Pays Fee $3/day/trip for monitoring period City implements TDM measures for other users within Traffic Catchment Area L S A FIGURE VI-11 Apple Campus 2 Project EIR SOL`RCE: FEHR&PEERS,APRIL2013. TDM MOri1tOT'lrip�' I:\COCll01 Apple Campus 2'�figures\Pig_VI-1 l.ai (5%3113)