Reso 6891 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6891
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE
DECLARATION, MITIGATION MEASURES, AND A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE
DEVELOPMENT OF A NEW SEVEN (7) STORY, 155 ROOM HOTEL
WITH ASSOCIATED IMPROVEMENTS LOCATED AT 10931 NORTH
DE ANZA BLVD. (APN: 326-10-061)
The Planning Commission recommends that the City Council adopt the Mitigated
Negative Declaration, mitigation measures, and Mitigation Monitoring and Reporting
Program, in substantially similar form to the Draft Resolution attached hereto as Exhibit
EA.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 10th day of December 2019, by the following roll call vote:
AYES: COMMISSIONERS: Chair Wang, Moore, Fung, Takahashi
g g
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Vice Chair Saxena
ATTEST: APPROVED.
Age
Benjamin Fu R " ay"
Dir. of Community Development Chair, Planning Commission
1
EXHIBIT EA
RESOLUTION NO.
A RESOLUTION OF THE CUPERTIsNO GITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DE(i ARATIOI\L,.MITIGATION
MEASURES, AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE DEVELOPMENT OF A NEW SEVEN (7) STORY, 155
ROOM HOTEL WITH ASSOCIATED IMPROVEMENTS LOCATED AT
10931 NORTH DE ANZA BLVD. (APN: 326-10-061)
SECTION I: PROJECT DESCRIPTION
Application No.: EA-2018-03
Applicant: De Anza Properties (Sherly Kwok)
Property Owner: Northwest Properties, LP
Location: 10931 N De Anza Blvd. (APN #326-10-061)
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of Cupertino received an application on March 20,2018 for a General
Plan Amendment,Development Permit,Development Agreement,Architectural and Site
Approval Permit, and Use Permit, to allow the development of a new 7-story, 155 room
hotel with associated site and landscaping improvements, and associated environmental
review ("Project"); and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA
Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative
Declaration (State Clearinghouse No. 2019079010) ("IS/MND") for the De Anza Hotel
Project ("Project"); and
WHEREAS, the Project is described in the July 2, 2019 "Public Draft Initial Study for The
De Anza Hotel Project ("Draft IS/MND"); and
WHEREAS, on June 28, 2019 the City issued a Notice of Intent to Adopt a Mitigated
Negative Declaration; and
WHEREAS, on June 28, 2019 the IS/MND for the project was distributed to responsible
agencies and the public for review and comment for a 30-day period that ended July 29,
2019; and
WHEREAS, the IS/MND concluded that significant environmental effects on Air Quality,
Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions,
2
Noise, Tribal Cultural Resources, and Utilities and Service Systems would be avoided or
reduced to less-than-significant levels by mitigation measures ("MM") identified in the
IS/MND; and
WHEREAS, on August 1, 2019, the City of Cupertino's Environmental Review
Committee held a duly noticed public hearing to receive public testimony and reviewed
and considered the information contained in the Draft IS/MND, and voted 5-0-0 to
recommend that the City Council adopt the Draft IS/MND (EA-2018-03) and mitigation
measures; and
WHEREAS, the Planning Commission independently reviewed and considered the
IS/MND together with the comments and the responses to those comments prior to taking
action on the Project; and
WHEREAS, the comments received by the Planning Commission do not require major
revisions to the IS/MND due to new or substantially more severe significant effects on
the environment; and
WHEREAS, text revisions made after publication of the Draft IS/MND, which are found
in the December [#], 2019 [Final — INSERT CORRECT TITLE] IS/MND, merely clarify,
amplify or make insignificant modifications to the IS/MND, and recirculation of the
IS/MND is not required.
WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public
hearing, and recommended on a xx-xx vote, based on substantial evidence in the record,
that the City Council adopt the MND, adopt and incorporate into the Project and
implement as conditions of approval all of the mitigation measures for the project that
are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting
Program for the Project; and
WHEREAS, the City Council has independently reviewed and considered the IS/MND
together with the comments and the responses to those comments prior to taking action
on the Project; and
WHEREAS, the comments received by the City Council do not require major revisions to
the IS/MND due to new or substantially more severe significant effects on the
environment; and
WHEREAS, on January 21, 2020 prior to taking action on the Project, the City Council
held a duly noticed public hearing to receive staff's presentation and public testimony,
3
and to further consider the information contained in the IS/MND, along with all staff
reports, other pertinent documents, and all written and oral statements received prior to
and at the public hearing.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the IS/MND, comments on the IS/MND, maps, facts,
exhibits, testimony, staff reports, public comments, and other evidence submitted in this
matter, the City Council:
1. Finds that the IS/MND for the Project has been completed in compliance with CEQA
and reflects the independent judgment and analysis of the City.
2. Finds that, on the basis of the whole record before it, there is no substantial evidence
that the Project as proposed and mitigated will have a significant effect on the
environment.
3. Finds that the text revisions to the IS/MND merely clarify, amplify or make
insignificant modifications to the IS/MND; therefore, recirculation of the IS/MND is
not required.
4. Adopts the Mitigated Negative Declaration for the Project.
5. Adopts and incorporates into the Project all of the mitigation measures identified in
the IS/MND. The City Council further makes the mitigation measures, which are
listed below, required conditions of approval of the Project to the extent they are
within the responsibility and jurisdiction of the City:
a. AIR QUALITY
Mitigation Measure AQ-1: The project's construction contractor shall comply
with the following Bay Area Air Quality Management District best management
practices for reducing construction emissions of fugitive dust (PMio and PM2.5):
• Water all active construction areas at least twice daily, or as often as needed to
control dust emissions. Watering should be sufficient to prevent airborne dust
from leaving the site. Increased watering frequency may be necessary
whenever wind speeds exceed 15 miles per hour. Reclaimed water should be
used whenever possible.
• Pave, apply water twice daily or as often as necessary to control dust, or apply
(non-toxic) soil stabilizers on all unpaved access roads, parking areas, and
staging areas at construction sites.
• Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least 2 feet of freeboard (i.e., the minimum required space
between the top of the load and the top of the trailer).
4
• Sweep daily(with water sweepers using reclaimed water if possible)or as often
as needed all paved access roads, parking areas and staging areas at the
construction site to control dust.
• Sweep public streets daily (with water sweepers using reclaimed water if
possible) in the vicinity of the project site, or as often as needed, to keep streets
free of visible soil material.
• Hydroseed or apply non-toxic soil stabilizers to inactive construction areas.
• Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed
stockpiles (dirt/sand).
• Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.
• Replant vegetation in disturbed areas as quickly as possible.
• Install sandbags or other erosion control measures to prevent silt runoff from
public roadways.
Mitigation Measure AQ-2: Prior to issuance of any grading, demolition and/or
building permits, the construction contractor(s) shall demonstrate the following,
during construction, on all plans:
• The use of construction equipment fitted with Level 3 Diesel Particulate Filters
for all equipment of 50 horsepower or more.
• Maintain a list of all operating equipment in use on the project site for
verification by the City of Cupertino Building Division official or his/her
designee. The construction equipment list shall state the makes, models, and
number of construction equipment on-site.
• Ensure that all equipment shall be properly serviced and maintained in
accordance with manufacturer recommendations.
• Ensure that all construction plans submitted to the City of Cupertino Planning
Department and/or Building Division clearly show the requirement for Level
3 Diesel Particulate Filters emissions standards for construction equipment
over 50 horsepower.
• Communicate with all sub-contractors in contracts and construction
documents that all nonessential idling of construction equipment is restricted
to 5 minutes or less in compliance with California Air Resources Board Rule
2449 and is responsible for ensuring that this requirement is met.
b. BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nests of raptors and other birds shall be protected
when in active use, as required by the federal Migratory Bird Treaty Act and the
California of Fish and Game Code. The construction contractor shall indicate the
following on all construction plans, if construction activities and any required tree
5
removal occur during the breeding season (February 1 and August 31).
Preconstruction surveys shall:
• Be conducted by a qualified biologist prior to tree removal or grading,
demolition, or construction activities. Note that preconstruction surveys are
not required for tree removal or construction, grading, or demolition activities
outside the nesting period.
• Be conducted no more than 14 days prior to the start of tree removal or
construction.
• Be repeated at 14-day intervals until construction has been initiated in the area
after which surveys can be stopped.
• Document locations of active nests containing viable eggs or young birds.
Protective measures for active nests containing viable eggs or young birds shall be
implemented under the direction of the qualified biologist until the nests no longer
contain eggs or young birds. Protective measures shall include:
• Establishment of clearly delineated exclusion zones (i.e., demarcated by
identifiable fencing, such as orange construction fencing or equivalent) around
each nest location as determined by the qualified biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds.
• Monitoring active nests within an exclusion zone on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting status.
• An increase in the radius of an exclusion zone by the qualified biologist if
project activities are determined to be adversely affecting the nesting birds.
Exclusion zones may be reduced by the qualified biologist only in consultation
with California Department of Fish and Wildlife.
• 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.
c. CULTURAL RESOURCES
Mitigation Measure CULT-1: If any prehistoric or historic subsurface cultural
resources are discovered during ground-disturbing (including grading,
demolition and/or construction) activities:
• All work within 50 feet of the resources shall be halted, the City shall be notified
and a qualified archaeologist shall be consulted. The contractor shall cooperate
in the recovery of the materials.Work may proceed on other parts of the project
site while mitigation for tribal cultural resources,historical resources or unique
archaeological resources is being carried out.
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• The qualified archaeologist shall prepare a report for the evaluation of the
resource to the California Register of Historical Places and the City Building
Department. The report shall also include appropriate recommendations
regarding the significance of the find and appropriate mitigations as follows:
o If the resource is a non-tribal resource, the archaeologist shall assess the
significance of the find according to CEQA Guidelines Section 15064.5.
o If the resource is a tribal resource — whether historic or prehistoric — the
consulting archaeologist shall consult with the appropriate tribe(s) to
evaluate the significance of the resource and to recommend appropriate
and feasible avoidance, testing, preservation or mitigation measures, in
light of factors such as the significance of the find, proposed project design,
costs, and other considerations.If avoidance is infeasible, other appropriate
measures (e.g., data recovery) may be implemented.
• All significant non-tribal cultural materials recovered shall be, as necessary,
and at the discretion of the consulting archaeologist, subject to scientific
analysis, professional museum curation, and documentation according to
current professional standards.
d. TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-1: Implement Mitigation Measure CULT-1.
e. GEOLOGY AND SOILS
Mitigation Measure GEO-1: The construction contractor shall incorporate the
following in all grading, demolition, and construction plans:
• In the event that fossils or fossil-bearing deposits are discovered during
grading, demolition, or building, excavations within 50 feet of the find shall be
temporarily halted or diverted.
• The contractor shall notify the City of Cupertino Building Department and a
City-approved qualified paleontologist to examine the discovery.
• The paleontologist shall document the discovery as needed,in accordance with
Society of Vertebrate Paleontology standards (Society of Vertebrate
Paleontology 1995), evaluate the potential resource, and assess the significance
of the finding under the criteria set forth in CEQA Guidelines Section 15064.5.
• The paleontologist shall notify the appropriate agencies to determine
procedures that would be followed before construction is allowed to resume at
the location of the find.
• If the project applicant determines that avoidance is not feasible, the
paleontologist shall prepare an excavation plan for mitigating the effect of the
project based on the qualities that make the resource important.The excavation
7
plan shall be submitted to the City for review and approval prior to
implementation.
f. GREENHOUSE GAS EMISSIONS
Mitigation Measure GHG-1: The project applicant shall offset a minimum of 173
metric tons metric tons of carbon dioxide-equivalent(MTCO2e) emissions per year
for a period of 30 years (5,190 MTCO2e) through the purchase of voluntary carbon
offsets (i.e., not compliance offsets) from the California Air Resources Board
(CARB) approved Offset Project Registries (i.e., Climate Action Reserve, Verra,
American Carbon Registry) or forecasted mitigation units (FMUs) (GHG
Mitigation Credits) from the Climate Action Reserve's Climate Forward program.
The voluntary carbon offsets or FMUs must be real, additional, permanent,
confirmable, and enforceable. The order of preference for purchase of voluntary
carbon offsets or FMUs shall be as follows: 1) within the City; 2) within the San
Francisco Bay Area Air Basin; 3) within the State of California; then 4) elsewhere
in the United States. Evidence of payments, and funding of an escrow-type
account or endowment fund shall be submitted to the City by the project applicant.
Prior to issuance of the certificate of occupancy, the project applicant shall submit
to the City of Cupertino Building Division official or his/her designee, the
necessary documentation to verify the agreement to purchase the necessary
voluntary carbon offsets or FMUs to offset project emissions to below 1,100
MTCO2e per year.
g. NOISE
Mitigation Measure NOISE-1: The following shall be incorporated in all
demolition, grading, and construction plans, as required by the CMC,
Construction activities shall take place only during daytime hours of 7:00 a.m. and
8:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on weekends. In addition, the
construction crew shall adhere to the following best management practices shall
be observed:
• At least 90 days prior to the start of construction activities, all offsite businesses
and residents within 300 feet of the project site will be notified of the planned
construction activities. The notification will include a brief description of the
project, the activities that would occur, the hours when construction would
occur, and the construction period's overall duration. The notification should
include the telephone numbers of the City's and contractor's authorized
representatives that are assigned to respond in the event of a noise or vibration
complaint.
• The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Building Department and Code Enforcement
8
for review and approval prior to issuance of any grading, demolition, and/or
building permits. The Construction Noise Plan shall demonstrate compliance
with the 80 dBA limit in the CMC. The details of the Construction Noise
Control Plan, including those details listed herein, shall be included as part of
the permit application drawing set and as part of the construction drawing set,
shall be implemented by the on-site Construction Manager, and shall include,
but not be limited to, the following available controls to comply with the 80
dBA performance standard:
o At least 10 days prior to the start of construction activities, a sign will be
posted at the entrance(s) to the job site, clearly visible to the public, which
includes permitted construction days and hours, as well as the telephone
numbers of the City's and contractor's authorized representatives that are
assigned to respond in the event of a noise or vibration complaint. If the
authorized contractor's representative receives a complaint, he/she will
investigate, take appropriate corrective action, and report the action to the
City.
o During the entire active construction period, equipment and trucks used
for project construction will utilize the best available noise control
techniques (e.g., improved mufflers, equipment re-design, use of intake
silencers, ducts, engine enclosures, and acoustically attenuating shields or
shrouds), wherever feasible.
o Include noise control requirements for equipment and tools, including
concrete saws, to the maximum extent feasible. Such requirements could
include, but are not limited to, erecting temporary plywood noise barriers
between areas where concrete saws will be used and nearby sensitive
receptors; performing work in a manner that minimizes noise; and
undertaking the noisiest activities during times of least disturbance to
nearby sensitive receptors.
o During the entire active construction period, stationary noise sources will
be located as far from sensitive receptors as possible, and they will be
muffled and enclosed within temporary sheds, or insulation barriers or
other measures will be incorporated to the extent feasible.
o During the entire active construction period, noisy operations will be
conducted simultaneously to the degree feasible in order to reduce the time
periods of these operations.
o Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval
prior to the start of the construction phase.
o Signs will be posted at the job site entrance(s), within the on-site
construction zones, and along queueing lanes (if any) to reinforce the
9
prohibition of unnecessary engine idling. All other equipment will be
turned off if not in use for more than 5 minutes.
o During the entire active construction period and to the extent feasible, the
use of noise producing signals, including horns, whistles, alarms, and bells
will be for safety warning purposes only. The construction manager will
use smart back-up alarms,which automatically adjust the alarm level based
on the background noise level, or switch off back-up alarms and replace
with human spotters in compliance with all safety requirements and laws.
Mitigation Measure NOISE-2: Mechanical equipment shall be selected and
designed to reduce impacts on surrounding uses to meet the Cupertino Municipal
Code noise limits of 60 dBA and 50 dBA at residential uses during daytime and
nighttime, respectively, and 65 dBA and 55 dBA at non-residential sensitive uses
(i.e., the Cupertino Hotel) during daytime and nighttime, respectively.A qualified
acoustical consultant shall be retained to review mechanical noise as these systems
are selected to determine specific noise reduction measures necessary to reduce
noise to comply with the City's noise level requirements. Mechanical equipment
shall be selected and designed to reduce impacts on surrounding uses to meet the
City's noise level requirements. Noise reduction measures could include, but are
not limited to:
• Selection of equipment that emits low noise levels;
• Installation of noise dampening techniques, such as enclosures and parapet
walls, to block the line-of-sight between the noise source and the nearest
receptors;
• Locating equipment in less noise-sensitive areas, where feasible.
h. UTILITIES AND SERVICES MITIGATION MEASURE
Mitigation Measure UTIL-1: No building permits shall be issued by the City for
the proposed De Anza Hotel Project that would result in exceeding the permitted
peak wet weather flow capacity of 13.8 mgd through the Santa Clara sanitary
sewer system. The project applicant may demonstrate, to the satisfaction of the
City of Cupertino and Cupertino Sanitary District (CSD), that the proposed hotel
would not exceed the peak wet weather flow capacity of the Santa Clara sanitary
sewer system by implementing one or more of the following methods:
1. Reduce inflow and infiltration in the CSD system to reduce peak wet weather
flows; or
2. Increase on-site water reuse, such as increased grey water use, or reduce water
consumption of the fixtures used within the proposed project, or other
10
methods that are measurable and reduce sewer generation rates to acceptable
levels, to the satisfaction of the CSD.
3. The proposed project's estimated wastewater generation shall be calculated
using the generation rates used by the San Jose-Santa Clara Water Pollution
Control Plant Specific Use Code & Sewer Coefficient table in the May 2007, City of
Santa Clara Sanitary Sewer Capacity Assessment, unless alternative (i.e., lower)
generation rates achieved by the proposed project are substantiated by the
project applicant based on evidence to the satisfaction of the CSD.
5. Adopts the Mitigation Monitoring and Reporting Program for the Project, as
amended, attached hereto as Exhibit EA-1, and incorporated herein by reference, which
incorporates all the mitigation measures identified in the Final IS/MND.
PASSED AND ADOPTED this 21st day of January 2020, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Date
Grace Schmidt, City Clerk
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Exhibit EA-1
Mitigation Monitoring and Reporting Program
De Anza Hotel
10931 North De Anza Blvd.,
APN: 326-10-061
January 2020
Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
Mitigation Measure AQ-1:The project's construction contractor shall During the construction Improvements City of Cupertino
comply with the following Bay Area Air Quality Management District best and post-construction related to these Public Works and
management practices for reducing construction emissions of fugitive dust phases, the project measures shall Building Departments
(PM10 and PM2.5): proponent shall be be printed on
• Water all active construction areas at least twice daily,or as often as responsible for all construction
needed to control dust emissions.Watering should be sufficient to implementing these documents,
prevent airborne dust from leaving the site.Increased watering measures,including contracts,and
frequency may be necessary whenever wind speeds exceed 15 miles improvements. project plans
per hour.Reclaimed water should be used whenever possible. and shall be reviewed by
• Pave, apply water twice daily or as often as necessary to control the Director of
dust,or apply(non-toxic)soil stabilizers on all unpaved access Community
roads,parking areas, and staging areas at construction sites. Development and the
• Cover all trucks hauling soil,sand,and other loose materials or Director of Public Work
require all trucks to maintain at least 2 feet of freeboard(i.e.,the prior to the issuance of
minimum required space between the top of the load and the top of grading and/or building
the trailer). permits.
• Sweep daily(with water sweepers using reclaimed water if possible)
or as often as needed all paved access roads,parking areas and
staging areas at the construction site to control dust.
• Sweep public streets daily(with water sweepers using reclaimed
water if possible)in the vicinity of the project site, or as often as
needed,to keep streets free of visible soil material.
• Hydroseed or apply non-toxic soil stabilizers to inactive construction
areas.
• Enclose, cover,water twice daily,or apply non-toxic soil binders to
exposed stockpiles(dirt/sand).
• Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.
• Replant vegetation in disturbed areas as quickly as possible.
• Install sandbags or other erosion control measures to prevent silt
runoff from public roadways.
2
Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
Mitigation Measure AQ-2:Prior to issuance of any grading, demolition Project proponent to ensure Provide documentation City of Cupertino
and/or building permits, the construction contractor(s)shall demonstrate inclusion of these demonstrating Public Works,
the following, during construction,on all plans: requirements in all compliance (i.e. Planning, and
• The use of construction equipment fitted with Level 3 Diesel contracts and permit specifications of vehicles Building Departments
Particulate Filters for all equipment of 50 horsepower or more. documents.Prior to the and equipment) and on
• Maintain a list of all operating equipment in use on the project site issuance of any the construction
for verification by the City of Cupertino Building Division official or construction permit. drawings clearly show
his/her designee.The construction equipment list shall state the the requirement for
makes, models,and number of construction equipment on-site. Level 3 Diesel
• Ensure that all equipment shall be properly serviced and maintained Particulate Filters
in accordance with manufacturer recommendations. emissions standards for
• Ensure that all construction plans submitted to the City of Cupertino construction equipment
Planning Department and/or Building Division clearly show the over 50 horsepower.
requirement for Level 3 Diesel Particulate Filters emissions
standards for construction equipment over 50 horsepower.
• Communicate with all sub-contractors in contracts and construction
documents that all nonessential idling of construction equipment is
restricted to 5 minutes or less in compliance with California Air
Resources Board Rule 2449 and is responsible for ensuring that this
requirement is met.
Mitigation Measure BIO-1: Nests of raptors and other birds shall be Project proponent to add If grading and/or tree Community
protected when in active use, as required by the federal Migratory Bird this to all construction removal begins during Development
Treaty Act and the California of Fish and Game Code.The construction plans and contracts to the stated dates in the Department
contractor shall indicate the following on all construction plans,if ensure biologist conducts mitigation measure,A
construction activities and any required tree removal occur during the pre-construction surveys as final report of nesting
breeding season(February 1 and August 31).Preconstruction surveys required. birds,including any
shall: protection measures,
• Be conducted by a qualified biologist prior to tree removal or shallbe submitted tothe
grading,demolition,or construction activities. Note that Director of Community
preconstruction surveys are not required for tree removal or Development prior to
the start of demolition.
3
Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
construction, grading, or demolition activities outside the nesting
period.
• Be conducted no more than 14 days prior to the start of tree removal
or construction.
• Be repeated at 14-day intervals until construction has been initiated
in the area after which surveys can be stopped.
• Document locations of active nests containing viable eggs or young
birds.
Protective measures for active nests containing viable eggs or young birds
shall be implemented under the direction of the qualified biologist until
the nests no longer contain eggs or young birds.Protective measures shall
include:
• Establishment of clearly delineated exclusion zones (i.e., demarcated
by identifiable fencing,such as orange construction fencing or
equivalent) around each nest location as determined by the qualified
biologist, taking into account the species of birds nesting, their
tolerance for disturbance and proximity to existing development.In
general,exclusion zones shall be a minimum of 300 feet for raptors
and 75 feet for passerines and other birds.
• Monitoring active nests within an exclusion zone on a weekly basis
throughout the nesting season to identify signs of disturbance and
confirm nesting status.
• An increase in the radius of an exclusion zone by the qualified
biologist if project activities are determined to be adversely affecting
the nesting birds.Exclusion zones may be reduced by the qualified
biologist only in consultation with California Department of Fish
and Wildlife.
• 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.
4
Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
Mitigation Measure CULT-1:If any prehistoric or historic subsurface During site excavation,the All Community
cultural resources are discovered during ground-disturbing(including project proponent shall be archaeologicalmonitorin Development Public
grading, demolition and/or construction) activities: responsible for g andreporting Works&Building
• All work within 50 feet of the resources shall be halted, the City shall implementation measures shallbe Department
be notified,and a qualified archaeologist shall be consulted.The ofArchaeological included inall
contractor shall cooperate in the recovery of the materials.Work monitoring.Monitoring construction documents,
may proceed on other parts of the project site while mitigation for shall be conducted during and construction
tribal cultural resources,historical resources or unique earthmoving activities by a management plans,
archaeological resources is being carried out. qualified archaeologist. contracts,andproject
• The qualified archaeologist shall prepare a report for the evaluation During construction, the plans and shall be
of the resource to the California Register of Historical Places and the project proponent and reviewed by the
City Building Department.The report shall also include appropriate contractor shall CommunityDevelopmen
recommendations regarding the significance of the find and beresponsible for t Department
appropriate mitigations as follows: notification of
• If the resource is a non-tribal resource, the archaeologist shall assess anydiscoveries.
the significance of the find according to CEQA Guidelines Section
15064.5.
• If the resource is a tribal resource—whether historic or prehistoric—
the consulting archaeologist shall consult with the appropriate
tribe(s)to evaluate the significance of the resource and to
recommend appropriate and feasible avoidance, testing,
preservation or mitigation measures,in light of factors such as the
significance of the find,proposed project design, costs,and other
considerations.If avoidance is infeasible,other appropriate
measures (e.g., data recovery)may be implemented.
• All significant non-tribal cultural materials recovered shall be,as
necessary, and at the discretion of the consulting archaeologist,
subject to scientific analysis,professional museum curation,and
documentation according to current professional standards.
Mitigation Measure TCR-1:Implement Mitigation Measure CULT-1. During site excavation,the All Director of
project proponent shall be archaeologicalmonitorin CommunityDevelopm
5
Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
responsible for g andreporting ent,Public Works&
implementation of measures shallbe Building Department
Archaeological monitoring. printed onall
Monitoring shall be construction documents,
conducted during contracts, andproject
earthmoving activities by a plans and shall be
qualified archaeologist. reviewed by the Director
During construction,the ofCommunityDevelopm
project proponent and ent
contractor shall be
responsible for notification
of any discoveries.
Mitigation Measure GEO-1:The construction contractor shall incorporate At the construction phase, All attenuation City of Cupertino
the following in all grading, demolition,and construction plans: the project proponent and measures shall be Public Works&
• In the event that fossils or fossil-bearing deposits are discovered contractor shall be printed on construction Building Department
during grading, demolition, or building, excavations within 50 feet responsible for completing documents,contracts,
of the find shall be temporarily halted or diverted. all improvements. construction
• The contractor shall notify the City of Cupertino Building management plan, and
Department and a City-approved qualified paleontologist to project plans and
examine the discovery. reviewed by the Director
• The paleontologist shall document the discovery as needed,in of Public Works prior to
accordance with Society of Vertebrate Paleontology standards issuance of grading
(Society of Vertebrate Paleontology 1995), evaluate the potential and/or building permits.
resource, and assess the significance of the finding under the criteria
set forth in CEQA Guidelines Section 15064.5.
• The paleontologist shall notify the appropriate agencies to determine
procedures that would be followed before construction is allowed to
resume at the location of the find.
• If the project applicant determines that avoidance is not feasible,the
paleontologist shall prepare an excavation plan for mitigating the
effect of the project based on the qualities that make the resource
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Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
important.The excavation plan shall be submitted to the City for
review and approval prior to implementation.
Mitigation Measure GHG-1:The project applicant shall offset a minimum Project proponent is Provide to City Staff City of Cupertino
of 173 metric tons metric tons of carbon dioxide-equivalent(MTCO2e) responsible during proof of purchase of said Planning and Building
emissions per year for a period of 30 years (5,190 MTCO2e)through the construction of the project offsets. Department
purchase of voluntary carbon offsets(i.e.,not compliance offsets) from the to purchase the voluntary
California Air Resources Board(CARB)approved Offset Project Registries carbon offsets.
(i.e.,Climate Action Reserve,Verra,American Carbon Registry)or
forecasted mitigation units(FMUs) (GHG Mitigation Credits) from the
Climate Action Reserve's Climate Forward program.The voluntary
carbon offsets or FMUs must be real,additional,permanent,confirmable,
and enforceable.The order of preference for purchase of voluntary carbon
offsets or FMUs shall be as follows: 1)within the City;2)within the San
Francisco Bay Area Air Basin;3)within the State of California;then 4)
elsewhere in the United States.Evidence of payments,and funding of an
escrow-type account or endowment fund shall be submitted to the City by
the project applicant.Prior to issuance of the certificate of occupancy, the
project applicant shall submit to the City of Cupertino Building Division
official or his/her designee,the necessary documentation to verify the
agreement to purchase the necessary voluntary carbon offsets or FMUs to
offset project emissions to below 1,100 MTCO2e per year.
Mitigation Measure NOISE-1: The following shall be incorporated in all At the constructionphase, All attenuation City of Cupertino
demolition,grading,and construction plans.Construction activities shall the projectproponent measures shallbe Public Works,and
take place in compliance with CMC Chapter 10.48.In addition,the andcontractor shall printed on Planning and Building
construction crew shall adhere to the following best management practices beresponsible constructiondocuments, Department
shall be observed: forcompleting contracts,construction
• At least 90 days prior to the start of construction activities,all offsite allimprovements. management plan,
businesses and residents within 300 feet of the project site will be andproject plans and
notified of the planned construction activities.The notification will reviewed by the Director
include a brief description of the project,the activities that would of PublicWorks prior
occur,the hours when construction would occur,and the
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Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
construction period's overall duration.The notification should toissuance of grading
include the telephone numbers of the City's and contractor's and/or building permits.
authorized representatives that are assigned to respond in the event
of a noise or vibration complaint.
• The project applicant and contractors will prepare a Construction
Noise Control Plan prior to issuance of any grading, demolition,
and/or building permits.The details of the Construction Noise
Control Plan, including those details listed herein,will be included
as part of the permit application drawing set and as part of the
construction drawing set.
• At least 10 days prior to the start of construction activities,a sign
will be posted at the entrance(s)to the job site, clearly visible to the
public,which includes permitted construction days and hours,as
well as the telephone numbers of the City's and contractor's
authorized representatives that are assigned to respond in the event
of a noise or vibration complaint.If the authorized contractor's
representative receives a complaint,he/she will investigate, take
appropriate corrective action,and report the action to the City.
• During the entire active construction period,equipment and trucks
used for project construction will utilize the best available noise
control techniques(e.g.,improved mufflers,equipment re-design,
use of intake silencers, ducts, engine enclosures,and acoustically
attenuating shields or shrouds),wherever feasible.
• Include noise control requirements for equipment and tools,
including concrete saws, to the maximum extent feasible.Such
requirements could include,but are not limited to,erecting
temporary plywood noise barriers between areas where concrete
saws will be used and nearby sensitive receptors;performing work
in a manner that minimizes noise;and undertaking the noisiest
activities during times of least disturbance to nearby sensitive
receptors.
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Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
• During the entire active construction period,stationary noise
sources will be located as far from sensitive receptors as possible,
and they will be muffled and enclosed within temporary sheds, or
insulation barriers or other measures will be incorporated to the
extent feasible.
• During the entire active construction period,noisy operations will
be conducted simultaneously to the degree feasible in order to
reduce the time periods of these operations.
• Select haul routes that avoid the greatest amount of sensitive use
areas and submit to the City of Cupertino Public Works Department
for approval prior to the start of the construction phase.
• Signs will be posted at the job site entrance(s),within the on-site
construction zones, and along queueing lanes(if any)to reinforce
the prohibition of unnecessary engine idling.All other equipment
will be turned off if not in use for more than 5 minutes.
• During the entire active construction period and to the extent
feasible,the use of noise producing signals,including horns,
whistles, alarms,and bells will be for safety warning purposes only.
The construction manager will use smart back-up alarms,which
automatically adjust the alarm level based on the background noise
level,or switch off back-up alarms and replace with human spotters
in compliance with all safety requirements and laws.
Mitigation Measure NOISE-2:Mechanical equipment shall be selected At the construction phase, At the construction At the construction
and designed to reduce impacts on surrounding uses to meet the the project proponent and phase, the project phase,the project
Cupertino Municipal Code noise limits of 60 dBA and 50 dBA at contractor shall be proponent and proponent and
residential uses during daytime and nighttime,respectively,and 65 dBA responsible for completing contractor shall be contractor shall be
and 55 dBA at non-residential sensitive uses(i.e.,the Cupertino Hotel) all improvements. responsible for responsible for
during daytime and nighttime,respectively.A qualified acoustical completing all completing all
consultant shall be retained to review mechanical noise as these systems improvements. improvements.
are selected to determine specific noise reduction measures necessary to
reduce noise to comply with the City's noise level requirements.
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Mitigation Measure Timeframe and Method of Compliance Oversight of
Responsibility for Implementation
Implementation
Mechanical equipment shall be selected and designed to reduce impacts
on surrounding uses to meet the City's noise level requirements.Noise
reduction measures could include,but are not limited to:
• Selection of equipment that emits low noise levels;
• Installation of noise dampening techniques,such as enclosures and
parapet walls, to block the line-of-sight between the noise source
and the nearest receptors;
• Locating equipment in less noise-sensitive areas,where feasible.
Mitigation Measure UTIL-1:No building permits shall be issued by the Prior to the issuance of any Demonstrate that the Department of Public
City for the proposed De Anza Hotel Project that would result in construction permit. proposed hotel would Works and Cupertino
exceeding the permitted peak wet weather flow capacity of 13.8 mgd not exceed the peak Sanitary District
through the Santa Clara sanitary sewer system.The project applicant may weather flow capacity of
demonstrate,to the satisfaction of the City of Cupertino and Cupertino the Santa Clara sanitary
Sanitary District(CSD),that the proposed hotel would not exceed the peak sewer.
wet weather flow capacity of the Santa Clara sanitary sewer system by
implementing one or more of the following methods:
1. Reduce inflow and infiltration in the CSD system to reduce peak wet
weather flows;or
2. Increase on-site water reuse,such as increased grey water use,or
reduce water consumption of the fixtures used within the proposed
project,or other methods that are measurable and reduce sewer
generation rates to acceptable levels,to the satisfaction of the CSD.
The proposed project's estimated wastewater generation shall be
calculated using the generation rates used by the San Jose-Santa Clara
Water Pollution Control Plant Specific Use Code&Sewer Coefficient table
in the May 2007,City of Santa Clara Sanitary Sewer Capacity Assessment,
unless alternative(i.e.,lower) generation rates achieved by the proposed
project are substantiated by the project applicant based on evidence to the
satisfaction of the CSD.
1188857.2
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