EA-2022-005 - PC Reso 2023-08 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 2023-08
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLRATION,
MITIGATION MEASURES,AND A MITIGATION MONITORING AND
REPORTING PROGRAM FOR A PROPOSED MIXED-USE DEVELOPMENT WITH
34 RESIDENTIAL UNITS, 7,595 SQ. FT. COMMERCIAL SPACE,AND THE
REMOVAL AND REPLACEMENT OF 51 DEVELOPMENT TREES. LOCATED AT
1655 S. DE ANZA BLVD. (APN: 366-10-061,-126)
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, with the following modifications:
-Amend Mitigation Measure TRANS-1 to ensure that:
-All e-bikes that are purchased are consistent with UL 2849 standards.
- E-bike storage will be secured on the ground floor and indoors.
-Strengthen the Vehicle Miles Traveled(VMT)monitoring program to ensure long term
success, as well as allowing flexibility in VMT reduction strategies.
-Encourage further ridership of bicycles by placing bicycle parking racks closer to retail
entrances.
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 23rd day of May 2023,by the following roll call vote:
AYES: COMMISSIONERS: Scharf, Madhdhipatla, Fung, Lindskog, Mistry
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: ✓ APPROVED:
Piu Ghosh Steven Scharf
Planning Manager Chair, Planning Commission
RESOLUTION NO.
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLRATION, MITIGATION MEASURES, AND
A MITIGATION MONITORING AND REPORTING PROGRAM FOR A
PROPOSED MIXED-USE DEVELOPMENT WITH 34 RESIDENTIAL UNITS,
7,595 SQ. FT. COMMERCIAL SPACE, AND THE REMOVAL AND
REPLACEMENT OF 51 DEVELOPMENT TREES. LOCATED AT 1655 S.DE
ANZA BLVD. (APN: 366-10-061,-126)
SECTION I: PROTECT DESCRIPTION
Application No.: EA-2022-005
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126)
SECTION 11: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of Cupertino received an application on June 20, 2021 for a
Development Permit, Architectural and Site Approval, Use Permit, Tentative Map, and
Tree Removal Permit, to allow the development of a new mixed-use development
consisting thirty-four(34)residential units and 7,595 sq.ft.of commercial 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("Project"); and
WHEREAS, the Project is described in the March 2021 "1655 South De Anza Boulevard
Mixed-Use Project Initial Study" ("Draft IS/MND"); and
WHEREAS, on October 14, 2022 the City issued a Notice of Intent to Adopt a Mitigated
Negative Declaration; and
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WHEREAS, on October 14, 2022, the IS/MND for the project was distributed to
responsible agencies and the public for review and comment for a 20-day period that
ended November 2, 2022; and
WHEREAS, the IS/MND concluded that significant environmental effects on Noise, and
Transportation would be avoided or reduced to less-than-significant levels by mitigation
measures ("MM") identified in the IS/MND; and
WHEREAS, on October 20, 2022, 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 4-0-1 to
recommend that the City Council adopt the Draft IS/MND (EA-2022-005) and mitigation
measures; and
WHEREAS, a Response to Comments (RTC) document dated May 15,2023 was prepared
in response to comments received during the public review period, which together with
the Draft IS/MND constitute the Final IS/MND; and
WHEREAS, the comments received do not require major revisions to the Draft IS/MND
due to new or substantially more severe significant effects on the environment; and
WHEREAS, on May 23, 2023, 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 Final IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public
hearing, and recommended on a xx-xx vote,based on substantial evidence in the record,
that the City Council adopt the Final 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 Final IS/MND, and adopt the Mitigation Monitoring and Reporting
Program for the Project; and
WHEREAS, the City Council has independently reviewed and considered the Final
IS/MND together with the comments and the responses to those comments prior to taking
action on the Project; and
WHEREAS, the comments received between the Planning Commission meeting and the
City Council meeting do not require major revisions to the Final IS/MND due to new or
substantially more severe significant effects on the environment; and
WHEREAS,on 2023 prior to taking action on the Project,the City Council held
a duly noticed public hearing to receive staff's presentation and public testimony, and to
further consider the information contained in the Final IS/MND, along with all staff
reports, other pertinent documents, and all written and oral statements received prior to
and at the public hearing.
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NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the Final IS/MND, comments on the Final IS/MND,
maps, facts, exhibits, testimony, staff reports, public comments, and other evidence
submitted in this matter, the City Council:
1. Finds that the Final 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 Final IS/MND merely clarify, amplify or make
insignificant modifications to the Final IS/MND; therefore, recirculation of the Final
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 Final 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. NOISE
Mitigation Measure NOISE-1a: The project applicant shall identify in the
Construction Noise Control Plan required pursuant to Cupertino Municipal Code
Section 17.04.050(G)(2), Manage Noise During Construction, that a temporary
sound barrier between the construction zone on the project site and the adjacent
residences along the entirety of the project site boundary to the west with a
minimum height of 12 feet and free of gaps and holes made of either a (a) 0.75-
inch-thick plywood wall or (b) hanging blanket/curtain with a surface density or
at least 2 pounds per square foot, would be installed to reduce construction noise
levels to meet the 80 dBA limit in CMC Section 10.48.053.
Mitigation Measure NOISE-1b: Prior to issuance of building permits, the
mechanical equipment and heating, ventilation, and air conditioning (HVAC)
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 during daytime and nighttime, respectively.
A qualified acoustical consultant shall be retained by the project applicant 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
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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;or
■ Locating equipment in less noise-sensitive areas, where feasible.
Mitigation Measure NOISE-2: If paving activity during construction is required
within 25 feet of nearby structures, the use of a static roller in lieu of a vibratory
roller shall be employed. This mitigation measure shall be identified on the permit
application drawing set and as part of the construction drawing set, and shall be
implemented by the on-site Construction Manager.
b. TRANSPORTATION
Mitigation Measure TRANS-1: The project applicant shall implement the
following measures to reduce vehicle miles traveled (VMT) to meet the residential
vehicle-miles traveled threshold of 11.50 VMT per capita.
• Project Fair Share Contribution. Prior to issuance of building permits, the
project applicant shall pay a fair share contribution of $10,000 toward the
bicycle improvements along Prospect Road that are planned in the City of
Cupertino 2016 Bicycle Transportation Plan. The improvements include the
addition of Class II buffered bike lanes along Prospect Road between De
Anza Boulevard and Stelling Road, which would narrow the travel lanes on
Prospect Road east of Galway Drive thereby reducing vehicle speeds to create
a safer environment and promote walking and biking as alternatives to
driving and reduce VMT.
■ Transportation Coordinator. The project applicant would prepare a program
that would provide individualized transportation information for each
resident by encouraging residents to use travel modes other than single-
occupant vehicles as part of the new resident move-in process. To implement
this program, the project applicant would establish a "transportation
coordinator" that will work with each resident to identify key destinations
for that resident and map out feasible bicycle and transit routes for each
destination, which may include locations such as work, school, shopping
and/or recreational destinations. Implementing this program would
5
encourage the use of transit, shared ride modes, bicycling, and walking,
thereby reducing drive-alone vehicle trips.
School Pool Program. Prior to issuance of certificate of occupancy, the project
applicant shall prepare a School Pool Program to the satisfaction of the City
of Cupertino to reduce VMT by matching parents of the proposed residential
development who transport students to and from schools without a bussing
program, including private schools, charter schools, and neighborhood
schools where students cannot walk or bike, or where parents would rather
their children not walk or bike. The School Pool Program shall be:
o Included in resident welcome packets and clearly stated that the program
is open to all residents. The building management would be responsible for
preparing the welcome packet materials and distributing to all new
residents; and,
o Provided via an online kiosk/webpage with current school pool program
information available at all times.The online kiosk/webpage would provide
resident and school information for residents interested in participating in
the school carpool program. Those residents that register for the program
online could connect with other residents participating in the program to
schedule carpools. The building management would be responsible for
creating the online kiosk/webpage so that it is up and running as soon as
the residential development is ready for leasing.The building management
(and/or website designer) would be responsible for adding new
information to the website so that the online kiosk remains current and
informative.
■ Electric Bicycle Program. Prior to issuance of certificate of occupancy, the
project applicant shall demonstrate to the satisfaction of the City of Cupertino
that an adequate number of electric bicycles have been purchased and are
available to be distributed to each resident so that each resident will receive
one properly-sized electric bicycle upon move in. Electric bicycles serve as a
low barrier to entry-level bicycling for residents who may not otherwise
consider bicycling as a viable mode of transportation and the electric assist
allows users of all fitness levels to participate in biking and help users to reach
farther away destinations that they may have previously considered too far
to bike to.This strategy would promote bicycling as an alternative to driving,
thereby reducing VMT. All residents would be eligible to receive an electric
bicycle. Prior to the issuance of building permits, the project applicant shall
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submit a site-wide Electric Bicycle Program (EBP) to the Community
Development Department, for review and approval. The EBP shall include
the following:
o The project applicant shall initially purchase a total of 20 mid-range ($1,500
to $2,500), commuter/leisure electric bicycles (e-bikes), to form an e-bike
pool. These e-bikes shall be purchased prior to certificate of occupancy.
o The e-bikes shall be available for use to any resident of the project
(apartment units and townhomes)by advanced reservation on an hourly or
daily basis.
o The EBP shall identify how the reservation system will be managed and by
whom. For example, the reservation system could be a pen and paper sign
up system, online, etc. and would be coordinated through the
Transportation Coordinator.
o The EBP shall identify where the secure e-bike parking will be located and
how it will be accessed by future residents of the apartments and
townhomes. For example, the e-bike parking area could be located in the
covered parking area or on the roof and would be accessible by distributing
electronic key cards or fobs to residents.
o The e-bike parking shall provide 20 charging stations so that each e-bike is
fully charged each day, secure, and accessible to residents only.
o The EBP shall identify who is responsible for coordinating the routine
maintenance of the e-bike fleet by a professional e-bike service semi-
annually or as needed when a bike is operational. For example, the
Homeowners Association, or equivalent body, could be responsible for this
task.
o The EBP shall identify where the bike maintenance station would be
provided on site to allow residents to perform basic maintenance and
repairs on their own personal bicycles (e-bikes and non-e-bikes) without
having to purchase their own tools and also make basic adjustments to an
e-bike from the e-bike pool for seat adjustments, etc.
o The bike maintenance station shall be in the e-bike storage location or in
close proximity and shall include,at a minimum, a bicycle pump,wrenches,
a chain tool, lubricants, tire levers, hex keys/Allen wrenches, torx keys,
screwdrivers, and spoke wrenches.The bike repair station shall be available
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for residents to maintain and fix their bicycles without having to purchase
their own tools.
o The EBP shall identify who is responsible for maintaining the bike
maintenance station. For example, the Homeowners Association, or
equivalent body, could be responsible for this as part of their job
assignment.
o The EBP shall include the procedures for implementing an annual e-bike
program survey to be given to residents to gather information on the
success of the program and ascertain information on how to make the
program more successful. The procedures shall state that first survey shall
be conducted within six months of initiating the program, the second
within 12 months, and then on an annual basis.
o The project applicant shall provide this program to residents of the project
site at no cost for at least five years. If the annual e-bike program survey
generates the need for more bikes, then it may be appropriate to add a fee
structure at that time.
■ Car Share Program. Prior to issuance of certificate of occupancy, the project
applicant shall demonstrate to the satisfaction of the City of Cupertino that
the project would provide subsidized memberships to a car sharing program
(e.g., Zipcar and GetAround) for residents with a valid driver's license upon
request. The Car Share Program shall include a dedicated car share vehicle
parking on-site or at a convenient location within 0.25 miles of the project site.
Because the car sharing services are a low-cost alternative to car ownership
and provide flexibility to those who use other transportation modes for their
daily commute but may need to access a car for mid-day errands, car sharing
helps support the use of walking,biking,carpooling,and transit by providing
another means for business/day vehicle trips or a guaranteed ride home
option, allowing for overall reductions in automobile use which results in
reduced VMT.
■ Behavioral Intervention Program.Prior to certificate of occupancy,the project
applicant shall prepare a Behavior Intervention Program that will provide
individualized transportation information for each resident to the satisfaction
of the City of Cupertino that will reduce VMT by encouraging residents to
use travel modes other than single-occupant vehicles as part of the new
resident move-in process. To implement this program, the project applicant
shall establish a "transportation coordinator" that will work with residents
8
to prepare the individualized transportation information for each resident.
The transportation coordinator shall review the most current Santa Clara
Valley Transportation Authority (VTA) bicycle and transit maps and work
with each resident to identify key destinations for that resident which may
include locations such as work, school, shopping and/or recreational
destinations. The resident and coordinator would then map out feasible
bicycle routes including the bicycle facility class types and transit routes to
each destination including travel times, necessary bus transfers, and fare
pricing. Bicycle and transit routes to common amenities such as grocery
stores, drug stores, banks, and post offices would also be mapped out.
Implementing this program would encourage the use of transit, shared ride
modes, bicycling, and walking, thereby reducing drive-alone vehicle trips
and VMT. Additional encouragement could be provided in the form of
subsidies if participation in the program is lower than expected.
6. 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 at a regular meeting of the City Council of the City of
Cupertino this 21st day of June, 2023 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Hung Wei, Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk Date
9
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