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CC Resolution No. 4260 ~ ' RESOLUTION N0. 4260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO • CERTIFYING.THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ~ , ~ SOBRATO-BERG LIGHT INDUSTRIAL/COI~'fERCIAL DEVELOPMENT AS ~ ' TO ITS COI~LIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUAL- • ITY ACT AND STATE AND LOCALLY ADOPTED GUIDELINES . WHEREAS, at a public hearing held this date the City Council has reviewed and considered the contents on the final Enviroumental Impact Report as a part of the decision-making process concerning the proposed Sobrato-Berg project; and ' WAti'RF.AS~ upon conclusion of said review, the Council has found the final Envirosaental Impact Report to be in complete compliance with the California Environ~ental Qualitq Act and State and locally adopted guidelines for the implementation of said Act. hOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby certify the final Eiroironmental Impact Report of which copy of the approved minutes of thfs meeting shall become a part thereof and further directs the City Clerk to f ile a Notice of Determination with the County Clerk of Santa Clara County setting forth the following infozmation: a. The project is described as a rezoning and use permit request to rezone approximately 54 acres from P(Planned Development with commercial use intent) to P(Planned Development with co~ercial, industrial/office use intent) and construction of approximately 792,000 square feet of light industrial/office use building space. b. An envirorunental impact report has been prepared for the project. c. The project wi1T have a significant impact on the etrvironment. d. A statement of overriding considerations (optional). PaSSED AND ADOPTED~at a regular meeting~of tfie City Council of the City of Cupertino this 7.th day of September , 1976, by the following vote: Vote ~ Members of the City Council AYES: Frolich, 0'Reefe, Meyers ~ NOES: Nellis ABSENT: Jackson ~ ABSTAIN: None ATTEST: APPROVID : /s/ Wm. E. Ryder /s/ Robert W. Meyers City Clerk Mayor, City of Cupertino Resolution No. 4260 Attachment ~ 1-EIR-76 - SOBRATO~BERG LIGHT INDUSTRLAL/COMMERCIAL DEVELOP?~IENT As required by the eirvirorimental assessment procedure adopted by the City Council of the City of Cupertino on March 27, 1973, as amended, the attached represents a verbatim account of comments received from the general public and other public agencies concerning the Draf.t Eaviroamental Impact Report (1-EIR-76) for the Light Industrial/ Commercial Development. This document together with appropriate responses to the comments raised herein, shall~be attached to the Draf t Environmental Impact Report and shall constitute the final Em~ironmental Impact Report. , ~ SeptemBer 3, 1976 ~ CITY RESPONSE TO PIIBLIC COI~IENTS REGARDING ' , DRAFT ENVIRONMENTr~L Il~ACT REPORT FOR '~HE SOBRATO- ~ BERG LIGHT INDUSTRIAL/COI~~iERCIAL DEVELOPMENT Letter of August 6, 1976 - Cupertino IInion School District The subject letter finds the project traffic flow to be acceptable provided tfiat a stop sign be placed on the northeast corner of Vista Drive at the intersection of Vista Drive and Lazaneo Drive. The Director of Public Works will conduct a study to determine wfiether the Vista/Lazaneo intersection should continue to be a free flow with a stop sign at Forest Avenue or whether a stop sign be placed as requested by the District. The Distzict's concern is related to the turning movements for buses traveling east on Lazaneo to turn left into the school site. The balance of the school district letter relates to design related problems whicfi have been mitigated either through redesign or through conditions of approval that relate to the isolation of noise. Letter of August 23, 1976 - Depar~nent of Transportation The Department of Transportation letter generally finds the EIR to be . adequate with the exception of Table B-1 which relates the level of service to ADT as opposed to peak hour flows. The staff concurs with the Department . of Transportation's opinion. Table B-1 reflects existing traffic with existing configuration. Street improvements installed in conjunction with the proposed development will increase the capacity of De Anza Boulevard and if approved as reco~nended by the Planning Cotmnission, will decrease traffic on Mariani Avenue and Larrq Way. Table B-1 will be corrected in the final draft. . The Department of Transportation letter further states that the EIR should evaluate the impacts of the project on State Routes 85 and 280. The subject EIR assesses localized impacts resulting from implementation of the project. Broad traffic impacts were assessed by the 1973 Core Area General Plan EIR. The Department of Public Works is preparing a separate assessment regarding the intersection capacity of Mariani Avenue and North De Anza Boulevard. Larry Way Resident Memorandum Entitled "Proposed Sobrato-Berg - Light ~ Industrfal/Cocumercial Development" The subject memorandum contains two basic points. The memorandum expresses concern regarding the height of the masonry wall adjoining Larry Way resi- dential development from the proposed development and a concern regarding the closure of Mariani Avenue. ~ Technical information has been presented to the Planning Commission and City Council whicfi assesses the potential visual and acoustical intrusion from ~ the industrial development into the adjoining Larry Way residential neighbor- hood. Potential for intrusion will be mitigated through landscaping and sound wall design techniques. The majority of Larry Way residents desire to keep Mariani Avenue open in order to maintain a direct travelway to North De Anza Boulevard, to main- -1- ' . • _ City Response to Public Comments (1-EIR-76) September 3, 1976 , tain emergencp access into the neighborhood, and to decrease the traff ic load on North De Anza Boulevard. It is staff's opinion that the closure ~ of Mariani Avenue is essential to maintain the quality of life within the residential neighborhood located east of the project. T.he traffic circula- tion plan recommended by staff best serves the conflicting goals of main- taining neighborhood integrity and providing convenieat access for residents. Letter of August 6, 1976 - Robert R. Jones Mr. Jones' letter contains a position requesting the closure of Merritt , Drive to eliminate through traffic and requests that buildings next to Collins School be assessed to determine whether the industrial use will be obtrusive. The traffic circulation plan recommended by staff would eliminate the Merritt Drive through traff ic problem. Although the second phase of the Sobrato-Berg development is not def initive, subsequent development of the property wi11 be designed in such a way as.to eliminate noise intrusion into the school site. Letter of Au~ust 20, 1976 - Mr. & Mrs. Jerome G. Sowul The~Sowuls are in favor of the proposed development. The letter states that the Planning Commission requirement that all trees 12.inches or more in diameter be preserved is unreasonable. The co~ent regarding the require- ment of 32 vans is no longer relevant inasmuch as the Planning Co~ission deleted the staff's reco~endation for required van pooling. The letter goes on to state that the Lazaneo Drive should be opened before Mariani Avenue is closed and that the De Anza Boulevard curb cut be approved. The staff con- curs with~the position that Lazaneo Drive be opened to De Anza Boulevard before closing Mariani Avenue, however, disagrees with the comment regard- ing the retention of the De Anza Boulevard curb cut for the restaurant/bank approval. The retention of said curb cut is in direct conflict with the recently adopted policq position regarding access on North De Anza Boulevard. Letter of August 30, 1976 - Jean Cushman The writer indicates surprise regarding the land use decision for an industrial development on the property. Considering the extent of public hearings involv- fng the General Plaa decision both in 1973 and more.recently in 1975, it is staff's ~udgment that neighboring citizens have had ~ample opportunity to be appraised of..the land use decision. . Letter of August 30, 1976 - Association of Bay Area Governments The subject letter raises~a ni~ber of issues related to socio-economic impacts. The Planning staff report of August 6, 1976 to the Planning Commission regarding the subject pro~ect addresses the issues raised by ABAG. Essentially, staff concluded that the information necessary to fully analyze the housing impact question is generally not available or at the very least would require a significant amount of time and money to research. The staff report concludes that the majority of the lower and moderate income households that could be expected to be attracted by the Sobrato-Berg project would be forced to locate at the southern end -2- : City Response to Public Co~ents (1-EIR-76) September 3, 1976 of Santa Clara Vallep or northeastern Santa Clara County where most of the ~ low and moderate income housing is being provided. Cupertino's housing policies will be reviewed further in conjunction with ~ the general plan consolidation effort which is eurrently in progress at the staff level. , -3- ' ~ City Response to Public Comments , Letter of September 1, 1976 - Bav Area Air Pollution Control District Utilization of 1973 data. Zhe BAAPCD letter questions the relevance of . w~ork done in 1973 to the present study. On page 28 of the Draft EIR~ it is stated that in the course of the work for the Draft EIR on site measure- ment of CO with additional dispersal analysis were used to supplement and interpret the 1973 data. . Oaddant. Zhe BAAPCD letter indicates that o~ddant is not discussed. ~he Core Area EIR discusses o~ddant including presence of standard violations on pages VI A-17 and supporting tables and graphs. Excesses of o~ddant are . of course a regional problem in the San F5r-ancisco Bay Area, not a local problem to Cupertino. . Derivation of ei~ht hour avera~e data. These data are actual field measure- . ments in 19?6 in the course of the EIR preparation. Pr~jections-for~1980-were- ma,de using a Gaussian line source modified Zlirner model along with the 1980 traffic data in the Draft EIR. ~ Comvlete Line and Area Source AnalYsis. ~he BAAPCD letter calls for analysis of all pollutants including related projects. The Core Area EI~ includes analysis of C0~ hydrocaxbons, NOX, oxi.dant and lead. Other pollutants such ~ as S02 are not generally deemed to be significant automotive pollutants. Z~eatment of impacts of.the entire Core Area Plan ase found in 'the Core Area EIR, including related projects. F~rther mesoscale analysis is beyond the scope of an individual EIR and is being conducted by ABAG in their region wide 208 Air and Water Quality Management Program. The only sensitive receptor ~ nearby the site is the Collins Junior High School, for which air quality data ~ are presented on page 28 of the Draft EIR. . Tr-affic Level of Service. The only local raadway wlth a significant present level of service problem at peak hour is North De Anza Boulevard, ~ich does not meet a C level of serv3:ce. 1he project impact includes widening of North De Anza, which action will allow fliture traffic on North De Anza to flox at better than level of service C. Dzis is a net beneficial, nor adverse, project impact. -4- ~ ' . ~ Mitigation Measures. Other mitigation mea.sures related to transportation . impacts are found on pages 16 and 24 as well as certain energy mitigation on page ~5. ~ese measures pmvide for encouragement of vehicle pooling, pedestrian and bicycle access and usage as well as transit encouragement. . _ ~t1PERTINO t1NI0N SCHOOL DISTRICT : : : : 10301 VISTA DRIVE CUPERTINO, CALIFORNIA 95014 TELEPHONE 252-3000 ~ BOARD OF EDUCATION : : . • ~ . = ' ~ AU9USt 6, 1976 . ~ ~ ~ a ,;o o _ , 08vid W. CeytOn cr';; ~i . : 7~~ 4I .1 .i : a i i I V Li ~ r 1 ~ Roben D. Hall ~ Oaniel P. 0' Kaefe _ : ~ : "y ? r . v~~g~~~ew. s~~ Mr. Steve Piasecki - RonaldW.Wright Planning Commission AOM/NISTRATION C1 tJ/ of Cuperti no Danald F. Todd, Ed.D 10300 Forre Avenue Superintendent Cuperti no, Cal i forni a 95014 Robert J. Lindstrom, Ed.D AssociareSuperintendeni- ~edl" Steve' lntfruciion ~ Fred C. Leonard In response to the meeti n that was hel d on Au ust 5 Assistan[ Supeiintenden[ - g g Pe~sonnel concerni ng devel opment of the Mari ani property, the t~''• Deryl L. Cram Cuperti no Uni on School Di stri ct staff i s recorrgnendi ng • Compiroller the fol 1 owi ng acti ons be ta ken : 1. The planned culdesac on ~4ariani Orive should be moved as close to the Collins School property as possible to reduce the length of a pedestrian/bike way. The culdesac planned for Merritt Orive, should be moved as close to the Mariani culdesac as possible. Any walk- way for pedestrians/bikes should be a minimum of twenty feet in width, well lighted at night and should provide clear visual access between the two culdesacs. 2. The plan for the Merritt Orive-Mariani culdesac and connecting walkway must take into consideration the staff parking lot and the entrance-exit gates along Merritt Drive. ~ ~ ~ 3. The proposed building adjacent to the Collins School west fence should be planned so that noise from loading docks, mechanical equipment, etc. be minimized: 4. In relation to the traffic flow, the project master plan as shown in Figure B-1 of the draft Environ- mental Impact Report would be acceptable provided the street blockage on Vista Orive would be relocated to Forest Avenue, immediately east of Vista Drive, as shown ~ in Figure 6-4. Provide a stop sign on the northeast corner of Vista Drive at the intersection of Vista Orive and Lazaneo Drive. Sincerely, ~9 ~ ~ r DERYL'L. CRAM Comptroller OLC:bw ~ 9 _ 7 ~ 7"~ ~lz~-~;~,~ n . ~ STATE OF CAIIFORNIA-BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governw DEPARTMENT OF TRANSPORTATION , ~ P.O. BOX ~966 RINCON ANNEX SAN FfWNCi5C0 94119 . . : (41 S) 557• 1840 ~ ~--..a •S"' . August 23, 1976 ' 04-SC1-85/280 Mr. Robert Cowan Assistant Planning Director City of Cupertino I0300 Torre Avenue Cupertino, CA 95014 Dear Mr. Cowan: - This is~~in response to your referral of the Draft Environmental Impact Report (DEIR) on the Addendwn to the Core Area Plan for ~ ~ the Proposed Sobrato Berg Light Industrial/Commercial Development. We have reviewed the DEIR in a general way without attempting to verify detailed data. As a result of the review,.we have concluded that the DEIR is adequate, insofar as functions and responsibilities of the Department of Transportation are concerned, except for. the portion dealing with transportation conditions and impacts. Table ~B-I. on Page 11 relates average daily traffic (ADT) to Level of Service E.. Estimates of Zevels of service should be based on peak period~conditions, not average conditions~. Therefore, Table ~B-1-should be revised to show~data based on peak period conditions. The corr.ected table will give a less.favorable indication of existing traffic than that shown in Table~8-1.. It is our opionion that the DEIR should contain discussion and evaluation of the impact of the project generated traffic on State Highway Routes 8S and 280. Sincerely yours, ~ ~ , T. R. LAMNIERS Dist 'ct D' ctor ~ By . B. . BACHTOLD Deputy District Director T0: CUPERTINO ClTY COUNCIL ~ ~ SUBJECT: PROPOSED S08RAT0 BERG--LIGHT INOUSTRIAL/COMMERCIAL DEVELOPMENT Having reviewed the plans of the Sobrato Berg proposed development, we are in favor ~ of the general plan...with two small exceptions: First: The proposed 6' fence between the Mariani prope~ty and the rear of the Western si.de of Larry Way, will~in no way be of sufficient height to preve~t second story window direct line of sight into all backyards, kitch~en and bedroom windows of the existing residences. THIS FENCE MUST BE iNCREASED IN HEIGHT. Addittonal height will tend to reduce any•.~ noise eminating from the Industrial Complex. ~ Second AND of extreme importance to the Larry Way and all othe~ area residences, is the proposed closing of Mariani Avenue..THIS MUST NOT BE ALLOWED for the following reasons: 1) The residences in this area would be without adequate ingress and egress for emergency vehicles, such as Fire Trucks, Ambulances and Police Cars. For more than twenty years, these people have ~elied o~ Mariani Avenue for thts purpose. For twenty-five years, tfiis has been a Public Thoroughfare providing this service, AND MUST REMAIN S0. ~ 2) if Marlani~ Avenue is closed and a ftre should break out in the building proposed at the end of the Mariani Cul-de-sac, a Fire Vehicle would be trapped tn the area by the normal influx of curiosity seekers who follow such vehicles. This could well ~ endanger the adJacent School Building, as well as ~earby residences. 3) We are sure that many of the employees of this proposed Commercial and Industrial Enterprise, will live in the areas lying di~ectly ~ to the East of this property. The closing~of Mariani Avenue would cause them to go out onto much traveled highways, at peak traffic times, to get~to and from work. This will increase congestion on De Ania BTvd. 4) Several years ago Lucitle Avenue was closed at the e~d of Larry Way~ with the promise that if Lucille were to be closed from access to the Sunnyvale-Saratoga Road, Mariani Avenue would remain open for such access. WE FEEL THIS PROMISE SHOULD NOW BE HONORED. ~ These opinions are the culminatton of talks with a number of those residents of the area affected. We will be pleased to have you take them in consideratio~, and expect a ruling favorable to them to result. Thank you for your consideration, . A REPRESENTATIVE GROUP OF LARRY` WAY` RESIDENTS . . . August ~ ~ 197`~ P~Iznning C.ommission ~ ~ ' ' " ~ • ~ ~ . City of Cupertino 10 3C~0 T orre Ave . ~ ~upertir_o, Ca. 95014• ~ ' D832" S irs , As residents of the area ad jacer.t to ±:",e developm~nt 3:1'.~?d for tne Marian~ property, we would 1~ !:e to expr~ss o~.~r o~? r._on. Our home is on the ccr?:er of A~ple Tr~e ar.d P 1um `"ree ~r.d our children atter.d Collins Junior High and Pcr~a~ Eleme:^tary. \ t r i f~ C Pn c~ 1 0..~ concern s two fold. Our ir~t cor.c__r. is whet....r 1~.err:tt Dr. is to be left open as access to the r~!ar_ani ~roperty develc~ment. Merritt Dr. is preser_tly used, not only b~r local resider.t~, ~ut~ ~y south bound Highway 9 commuters. They avoid the Stever.s Cree'.~/ High•Nay .9 intersection by proceedir.g east on f~lerr~ tt Dr. befere cortinuing south on B12.ney. Making h?erritt an access rosd~ but not straight throu~h to x~i?hway 9 would e limir_ate r~cst o.f th_s . T~ is loss =n traffic would ^~ore than be replaced by individual~ ~oing to and from work at the Mari2.ni development. It would in add~tion i~- crease traffic on Blaney between P~ferritt 2.r.d ~tever.s Creeu. ~ome of the ~ncrease would occur in the morn?ng commute hours ~.Nhile children would be crossino Blaney on their way to P orta.l ~'le~entary School. In vie~N of the above we would like to have f~Territt Dr. termina~ed at the Mariani developmer.t with only pedestrian zccess. • Our second concern is whether proper tr~«~nt r.as bee~ ~i~~en to the proximity of any cor.struction to Collins School. Ar.y buildir.g ~ r_ext to the school should be examined as to its generaticr. of r.oise~. (roof top air con~itioners~ leadir.g docks facing the schocl, etc.). This is especially im~ortant in the SDY'1'.^_Q and fall wher. school windaws will be open. Sincerely, > C7'l}YLL~~ i;~~a~..~. ril . ~~,;^.••c.~ R obert R. Jones Ba..rbara M. Jor_es 20075 Apple Tre~ Lar,e Cupertino, Ca. 95014 . y_ ~ ~ - ~l h , ti t i ~ - , ~ ~ . . . . ~ : `a _ '~'r'... ~ , ~ y / _ . ? /'r . .c.t.c.MJ~w:ti. -r . ~r ' ~y . 'vl {iV / ~ o : P~ l~ ~ ~ ~ ~,q. ~-c~- ~ J~ c~~.~u a~Q, ~ ~ s ~ " ~ ~ ~ ~ S ~ ~ ~ ~ ~ ~ . . ~ ~t~.t ~ ~ • • ~,~z, ~ . . ~ ~ v~. v~.~,,,,~ ~ ~ ~ . , , . . ~ oSle.o ~cs~'~- ~ ~ O~~c., ~ , . ~.Q~` ~i~T l:a~+tie ~ ~ ~ O•~A, o.M~ t,~: -t~.~ ~ ~ m.~, t.~Q,~ ~~t, , C~• a~~,, a.~, c ~ h, a~ . ts~. • w~ v~ ~ l~, w~• o~ . . w o~~. • ' ~ ~ ~ °l 3 . i~. ~ ~ . , . , , - . ~.y,~, . s o~.~, O.. . ~ -~.C ~t, . r ~ . _ . . . . N2 ~.t? ~0,~}~ ~ ~ ~~W 4. ~ .l~t:l~.: . ~ 0,9.,~'~ ~ ~ ~ . t~ ~ ~r~-.;.:,; - ~ ~ • ~,s~ ~ ~ ~ . ~ ~\.iYVr/L.i/~ ~ ~ ~ ~ ' , . . . . . ~ . ' • ~ . ~ ~ : ~ . ~ ~ ~ ~ ~ . ~ ~,,t~, ~ ~ ~ . . ~ . . . ~ . U~~ p~ . . ~ ~ : ~..'b- ~r1,~~- r'c? , ev ~ . . . ~ ~ - aac~~ . . . . . . ~r: ~ . ~ ' ~ ~ f 1 . ' ' • ~ I • ` ~ . 0/3/ . ~ ' ~ ~`i',\ . ~ . . . _ ; <y. ~ _ , ~ , , : . - . _ ~ ~-r , _ . ~ j ! , . ~t ~ l:~ . ~i i _ ' . . . ~ ` ' . . ;10107 Randy Lane • Cupertino, CA 95014 ~ . Augus t 30 , 19 76 . ' Robert E. Meyers , ' ~ Mayor ~ . . . . ~ City vf Cupertino~ ~ ' ' City Hall • . . . . ~ ~ . 10 300 Torre Avenue ~ . ~ ~ ~ ~ - ~ • ~ Cupertino, CA 9501u ~ : Dear Bo.b (and. fellow-Councilpersons): ~ - . ~ ' ~ ~ ~ The Cupertino Scene Newsletter is a great'service ~ to . the community of Cupertino - I am grate#'ul.-~~a~~ receive it thanks ' for the effort and energy that go into~its~.publication. - ..The most recent issue of tne Cupertino Scene contains an article regardin~.a Land Use decision for. which the Council will hear ~he • Environmental Impact Report on September 7th. Specifically,•the . Sobrato-Berg~application for industrial z.oning of 50 acres on.the ~ east side of North DeAnza Blvd. at I-280~around the Mariani-Merritt Avenue intersection. I would like to take this opportunity to urge the Council's rejection for such a'land-use permit. Over the years I, as a resident of'that general area, have been told by various City personnel that that property would not be used for-such purposes . as the Sobrato=Ber~ proposal. This has , therefore, come as,a surprise~th'at such a p-roposal is now being considered. The concerns ~ of the residents of that area~are primarily based on the traffic ~ problems which would occur with the adjoining Collins Junior High . ~School property and the safety of the children which attend that school. Although the need for more jobs (although not necessarily . filled by Cupertino residents) is great in Santa Clara County, surely ~ the complex could be located at another place - such as the ~ area on West North DeAnza Blvd. at I-280. ' - ~ It is discoura~ing to have been a rather active Cupertino citizen in years past and to find that decisions then are now diametrically opposite~: ~ ~ Too, closure of the Mariani-MerrittAvenue road would cause ~reat inconvenience to residents of the area. With Vallco Center to our East, please allow us one "boundary" which would not be commercial or industrial. Please reject the Land Use Application. How about Open Space, a Park, or that orchard remaining there? Since~~ Jean Cushman . • V 3 ' 2~~ . ~ Association of Bay Area Governments Hotel Claremont • Berkeley, California 94705 •(415) 841-9730 August 30, 1976 . _ ~`~.:``.'`:J.:';"~ . _ ! r% , Mr. Robert Rowan, Assistant Planning Director Department of Planning and Development 10300 Torre Avenue Cupertino, California 95014 Dear Mr. Rowan: Thank you for the opportunity to comment on the Oraft EIR for the proposed Sobrato-Berg light industrial/commercial development. ABAG staff has reviewed this document in terms of its adequacy in addressing regional issues. In sum, we feel that the Draft EIR should be supplemented to include a more meaningful discussion of the housing demand generated by the new jobs created by this project. The comments below~represent ABAG staff's assessment of the Draft EIR, they should not be construed as an ABAG policy statement. Socio Economic Im acts: In creating an estimated 3200 to 3400 new jobs and assuming t e ousing emand for 530 new dwellings in Cupertino (page 9), the Oraft EIR implicitly recognizes that the housing demand generated by this project has multi-jurisdictional dimensions. The final EIR should clarify the assumptions upon which demand was estimated, explain the basis of the statement that 80 acres of land will be required to accommodate the 530 new units (page 9), and extend this analysis to other affected communities to account for the demand generated by the remaining jobs. Further, the Oraft EIR should be more specific in describing the demand in terms of tenure, cost and dweiling unit type. This should entail a comparison of the estimated income or occupational characteristics of the Sobrato-Berg employees to the price structure of housing in Cupertino and other communities. As it stands, the level of analysis is very generalized to the point where statements of local housing trends (e.g. page 9) give little indication of how the demand can be absorbed in Cupertino or elsewhere. It would be helpful if the final EIR would also include consideration of housing demand generated by the 550 local serving employment opportunities created as a spinoff of the ~ proposed project (page~53). , Miti ation: We note that while the socio-economic mitigation section recommends t at Cupertino should make every effort to address needs for low-moderate income housing (page 54)., the impact analysis does not document the relationship between the project and low/moderate income housing needs. There is a statement at the top of page 54 where it is deemed unrealistic to ac- co~?~anodate 40~ of the housing demand in low/moderate income Representing City and County Governments in the San Francisco 6ay r';r~s r. o er owan ,August 30, 1976 Page two •unclear what the 40~ refers to or how it was derived. Again, we trust that . the final EIR will provide clarification. It would also seem advantageous to be more specific in listing potential mitigation measures especially to ac- comnodate low and moderate-income housing needs. Thank you again for the opportunity to comment. If you seek clarification of the issues raised above,. please do not hesitate to contact me. Sincerely, ,-1 j ! f ~!U ;L.. i' :~l , John H. Mckoy - ~ ~ /"L-~ .r,~' . Directo~, Planning & Prograrruning :i . r ~ 1' ~ A•, ~ BAY AREA AIR POLLUTION CONTROL DISTRICT `~~w - . ' September : ~ 7 ~ ~ ~ ~~j ALAMEDA COUNTY ' + l~lt ~r i . ~ : u ~ v ~ . ( i Tnomas H. Bates RoDert T. Plowright . CONTRACOS7ACOUNTY City of Cupertino v' ' ElHCn Lance De artment of Planninp and Develo ment )~mes P. Kennr p •'C7 P 10300 Torre Avenue MAR;~:COUNTY Cupertino, California 95014 ~ Peter R. Arrigoni Martin G. Bl~naer Re: Comments on Draft Environmental NAPA COUNTV Impact Report (DEIR) : Addendum to Paul R. Gore Sam Cnaoman the Core Area Plan DEIR - Proposed lSecretaryi Sobrato Berg Light Industrial/ 5_~~ sc~ co~~:-~ Commercial Development •Ilct. J NlIClI G'!'t:et5:' . ~'o~~<< ~,^~~a~ Dear Sirs/Mss. : - .5~~`";`°`c`~`-~ We have reviewed the above-referenced document and submit the Jea~ iassl~r N'a~ren SteinkamD f ollowing comments f or your consideration. . SAYTA CIARA COUNTY DanieiA.fACCOrQuoOale The DEIR relies on a 1973 report to establish that "state and '"`;~~a`~~p~ sOn)'Ch federal air quality standards are being met on and near the site" (p. 28). It is stated in the 1973 report that caution So; m:°i°„STY should be used in extrapolating the data of the few days of ChesterHillyard monitoring that were done at that time (p. VI-A-17) . We eoncur with this caution, and question the assu~aption of ~SOa°~•P 1Onarroveh relevance of work done in 1973 and 1974 without verification RoDeR T~eiller of the present accuracy of technical assumptions made three years ago. The DEIR description of the existing air quality setting makes no mention of the oxidant~pollution which seriously ~impacts the Cupertino area. The nearby Sunnyvale SAAPCD monitoring station recorded that the standard for oxidant was exceeded on 14 day s in 1975. Contrary to the optimistic impression given by the DEIR, Cupertino does have air quality problems. These problems and the health effects associated with them should be discussed in the EIR. The air quality setting section includes "eight hour average ~ data" for carbon monoxide (CO). However, it is not clear how these data were derived, i.e. what traffic assumptions were cnade. Nor is it clear whether these data were calcu- lated in 1973, 1974, or in 1976 using existing traffic levels. Regarding CO icapacts, the same questions raised above con- cerning existing CO levels pertain to the future levels on page 28. The conclusion on page 29 that "In summary, no significant air quality impacts from the project operation are envisioned" is unsupported by the confusing and incomplete data presented in this EIR. 939 ELLIS STREET ~ SAN FRANCISCO, CALIFORNIA 94109 •(415) 771•6000 City.of Cupertino Page 2 September 1, 1976 ' This EIR should include a complete area and line source • . air quality impact analysis for all pollutants. It is especially important that this analysis take into account the combined cumulative present and future impacts of this project and other related projects in the area, e.g. Vallco Park, Hewlett Packard. The analysis should also indicate sensitive receptors and the concentrations of pollutants to which they might be exposed. Regarding traffic congestion (which results in air quality impacts) we note that the EIR assumes a Level of Service E (which is def ined as "unstable flow" with "high delay," and "near breakdown"? (p. 11) as being the "maximum level of service designed' for project area roadways. Level of Service E is an undesirable and heavily congested condition. Road- ways are generally designed to operate at a Level of Service C. Therefore, to compare "1975 ADT" with "Level of Service E Capacity" misleadingly implies that 1975 traffic is well below capacity. In fact, 1975 levels should be compared to tfie Leve1 of Service C capacity, thereby demonstrating that current traffic levels are exceeding existing roadway capa- cities, and that established queues with stop-and-go opera- ~ tions are a common phenomenon on many segments of roadways adjacent to the project site during the morning and evening peak hours. There is no~evidence that the developer will be required to . mitigate the auto-travel-inducing nature of the pro~ect. The project is proposed to include 3262 parking spaces (p. 1). It is proposed that the~developer "consider" the provision - of a bus stop design (p. 29) and that Cupertino "formalize" requests for transit service (p. 29). It seems that.commit- ment to such measures should be seriously considered so that consideration can be given in the final project design to ~ reducing the number of parking spaces. If you have any questions concerning these comments or regarding an adequate air quality impact analysis, please contact Ralph Mead, Senior Planner, Technical Services Division. ~ Sincerely, ~ ~ ~i.i~'t=!/ ~~L`'t~ ~ ~ Milton Feldstein Deputy Air Pollution Control Officer MF : g . CITY OF CUPERTINO, STATE OF CALIFORNIA CC-334 ' ~ 10300 Torre Avenue, Cupertino, California 95014 Page 1 • Telephone: 252-4505 ~ MINUTES OF THE REGiJLAR. MEETING OF THE CITY COUIVCIL ~ HELD ON SEPTIIKBER 7, 1976, Iid THE COUNCIL CHAMBER, CITY HALL CUPERTINO, CALIFORNIA SALUTE TO THE FLAG . The meeting was called to order by Mayor Meyers at 7:30 p. m. in the Council Chamber of the City Hall. ROLL CALL . . . Counc. Present: Frolich, Nellis, 0'Keefe, Mayor Meyers Counc. Absent: Jackson Staff Present: City Manager Quinlan Director of Administrative Services Ryder City Attorney Adams Director of Planning and Development Sisk Director of Public Works Viskovich Director of Parks and Recreation Butler ORAL COMMUNICATIONS ' ~ l. Mr. Michael Orr in opposition to Resolution 4128 regarding policy on issuance of building permits for minor exterior modifications in condominium and cluster residential developments. Mr., Orr was advised that any pursuit of remedial action had.to be as a Orr advised he private,matter as the City had no jurisdiction over disputes between must take individuals and their homeowners association. private action 2. Presentation by Mr. Bruce A. Overoye, County Aealth Department, on the Swine Flu~ I~unization Program. Following presentation by Mr. Mike White substituting for Mr. Bruce Swine Flu Overoye, the City Council on motion by Counc. Frolich, second by Counc. Immunization 0'Keefe and passed unanimously requested the Staff to review the needs for an _inoculation center for the City and to implement the swine flu immunization ~program in conjunction with the County Health Department if such implementation was deemed possible. 3. Presentation of Gold Medal Award Finalist Plaque to Parks and Rec- ~ reation Department by Mr. A1 Silva, Cupertino Sport Shop. I?ue to illness of Mr. Silva, the presentation was continued to the meeting of September 20, 1976. PUBLIC HEARINGS 4. Application 16-Z-76 of Thomas B. Maybo: Rezoning approximately 0.20 acres from P(Planned Levelopment with residential, multiple-family use intent) Zone to R2-4.25 (Residential, duplex 4,250 sq. ft. per dwelling unit) Zone. Said property is located southerl.y of and CC-334 Page 2 INUTES OF THE SEPTEMBER 7, 1976, CITY COUNCIL MEETING , 4. (continued) . ' . adjacent to Rodrigues Avenue adjacent to Cupertino City Hall. ~ Reco~ended for approval. (continued from meeting of August 2, 1976) (a) First reading of Ordinance No. 753: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning approximately 0.20.Acres from P(Planned Development with ' Residential, Multiple-Family Use Intent) Zone to R2-4.25 (Residential, Duplex, 4,250 Sq. Ft. Per Dwelling Unit) Zone; Located Southerly and Adjacent to Rodrigues Avenue Adajcent to Cupertino City Hall." (continued from meeting of August 2, 1976) >ublic hearing ' The public hearing was closed on motion of Counc. Nellis, second of Counc. :losed Frolich and was passed unanimously. Ippl. 16-Z-76 On motion of Counc. Nellis, second of Counc. Frolich with Counc. 0'Keefe ~pproved dissenting, Application 16-Z-76 was approved per Planning Commission Resolution 1569. )rd. No. 753 On motion of Counc. Nellis, second of Counc., Frolich and passed unan- ~iven first imously; Ordinance No. 753 was given its first reading. ~eading - PLANNING APPLICATIONS 10. Application 4-V-76 of Thomas B. Maybo: Variance from Section 10.2 of Ordinance 575 reducing the required front setback area from 20 to 15 ft. and from Section 10.4 reducing the required rear setback from 20 ft. to 15 ft. and reducing the required usable rear. yard` area from 850 sq. ft.. to 560 sq. ft. Said property is located southerly of and adjacent to Rodrigues Avenue ad~acent to Cuper- tino City Iiall. Recommended for approval. (continued from meeting of August 2, 1976) , (a) Resolution No. 4224: "A Resolution of the City Council of the City of Cupertino Granting a Variance to Thomas B. Maybo from Section 10.2 of Ordinance 575 Reducing the Required Front Setback Area from 20 to 15 Feet and from Section 10.4 Reducing the Required Rear Setback from 20 Feet to 15 Feet and Reducing the Required Usable Rear Yard-Area from 850 Sq. Feet to 560 Sq. Feet; Located Southerly of and Ad,jacent to Rodrigues Avenue Adjacent to Cupertino City Hall." (continued from meeting of August.2, 1976) ~ lpp. 4-V-76 On motion of Counc.. Nellis, second~of Counc. Frolich, with Counc. 0'Keefe ipproved and dissenting, Application 4-V-76 was approved per Planning Commission ~es. No. 4224 Resolution 1570, and City Council Resolution No. 4224 was adopted. tdopted MINUTES OF THE SEPTEMBER 7, 1976, CITY COUNCIL MEETING CC-334 ' ' Page 3 , PUBLIC HEARINGS :(continued) . ~ , 6. Public hearing to consider draft Environmental Impact Report for ` the proposed rezoning of approximately 54 acres from P(Planned Development with Commercial Use Intent) to P(Planned Development with Commercial/Light Industrial/Professional Office'Use Intent) and use permit to construct approximately 792,000 sq. ft., indus- trial/office space and a restaurant and bank. Said project is located easterly of and adjacent to North De Anza Boulevard and extending southerly from the intersection of North De Anza Boule- vard and Route 280 for a distance of approximately 2500 feet.• On motion of Mayor Meyers, second of Counc. 0'Keefe, with Counc. Nellis Development has dissenting, a finding was made that the Sobrato-Berg development had a significant significant impact, but the overriding consideration of economic impact, but development to the community was advantageous to the City. economically advantageous to Counc. Nellis requested that the record state her dissension was due City to the contents of the Environmental Impact Report. 5. Application 17-Z-76 of Sobrato-Berg Properties: Rezoning approxi- mately 54 acres from P(Planned Development with commercial use intent) Zone to P(Planned Development with commercial, industrial/ office use intent) Zone. Said property is located easterly of and adjacent to North De Anza Boulevard and extending southerly from the intersection of North De Anza Boulevard and Route 280 for a distance of approximately 2500 ft. Recommended for approval. (a) First reading of Ordinance No. 757: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 54~Acres from P(Planned Development with Commercial Use Intent) Zone to P(Planned Development with Commercial, Industrial/Office Use Intent)~ Zone; Located Easterly of and Ad,jacent to North De Anza Boulevard and Ex- tending Southerly from the Intersection of North De Anza Boulevard and Route 280 for a.Distance of approximately 2500 • feet." On motion of Mayor Meyers, second of Counc. 0'Keefe and passed unan- Appl. 17-Z-76 imously, Application 17-Z-76 was approved per Planning Commission Res- approved ~ olution 1565. . On motion of Counc. Nellis, second by Counc. Frolich and passed unan- Ord. No. 757 imously, Ordinance.No. 757 was given its first reading. given first reading PLANNING APPLICATIONS (continued) 13. Application 13-U-76 of Sobrato-Berg Properties; Use Permit to allow construction of approximately 792,000 sq. ft. of industrial/ otfice building. Said property is located easterly of and ad~acent to North De Anza Boulevard and extending southerly from the inter- section of North De Anza Boulevard and Route 280 for a distance of approximately 2500 ft.~ Recommended for approval. ' ' / CC-334 ' Page 4 MINUTES OF THE SEPTEMBER 7, 1976, CITY COUNCIL MEETING ~ , ' . Appl. 13-U-76 On motion of Counc. Frolicn, second of Counc. Nellis and passed unan- ~,f approved as imously, Application 13-U-76 was approved per Planning Co~ission Res- amended olution 1568, amended as follows: Condition No. 16 - Verification of trip ends is to be ascertained Conditions prior to the recordation of the map. , Condition No. 22 - There is to be incorporated therein the wording of the document dated August 23, 1976, submitted by the Director ~ of Planning requiring the applicant to enter into an agreement to join a car pool/van pool program to be established by the City of Cupertino. Condition No. 26 - A sound wall paralleling Larry Way is to be constructed before development of the site with the height to be measured from grade of the abutting properties on Larry Way. Condition No. 30 - To be deleted. Condition No. 33 - The restrictions on tr~ck movement and garbage pickup to be pursuant to Chapter 10.45 of the Cupertino Municipal Code. New Condition - The proposed curb cut on De Anza Boulevard for the restaurant/bank development is to be eliminated. Lazaneo to be It was moved by Mayor Meyers, seconded by Counc. Frolich and passed opened prior to unanimously that the opening of Lazaneo Drive is to be accomplished prior closure of Mar- to the closure of Mariani Avenue, and the barrier for the~closure of iani Avenue Forest Drive is to be located East of Vista Drive.. Staff to resub- The Staff was requested to resubmit economic data relating to the dis- mit data re position of the Donut Wheel.business for consideration at the ad~ourned Donut Wheel meeting of September 8, 1976. • ARCHITECTURAL AND SITE APPROVAL APPLICATIONS 14. Application HC-51,264.2 - USA Petroleum Corporation requesting approval of site, architecture, landscaping and signing for the 'remodeling of an existing service station located at the south- ~ east corner of Stevens Creek.Boulevard and Blaney Avenue. Rec- ommended for approval. Appl. HC-51, It was moved by Counc. Nellis, seconded by Counc. Frolich and passed 264.2 approved unanimously that Application HC-51,264.2 be approved. The Mayor adjourned the meeting to 7:30 p. m., September 8, 1976, at 11:58 p. m. ~ . City Clerk '