Loading...
CC Resolution No. 00-187RESOLUTION 00-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CONSIDERING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED REDEVELOPMENT PLAN FOR THE CUPERTINO VALLCO REDEVELOPMENT PROJECT; ADOPTING A STATEMENT OF FINDINGS, FACTS, AND OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING PLAN WHEREAS, as the Lead Agency, the Cupertino Redevelopment Agency (the "Agency") has prepared an Environmental Impact Report (the "EIR") on the proposed Redevelopment Plan (the "Redevelopment Plan") for the Cupertino Vallco Redevelopment Project (the "Project") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq., hereinafter referred to as "CEQA"), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations Section 15000 et seq., hereinafter referred to as the "State CEQA Guidelines"), and procedures adopted by the Agency relating to environmental evaluation; and WHEREAS, the Agency transmitted for filing a Notice of Completion of the Draft EIR and thereafter in accordance with CEQA and the State CEQA Guidelines forwarded the Draft EIR to the State Clearinghouse for distribution to those state agencies which have discretionary approval or jurisdiction by law over natural resources affected by the Redevelopment Plan, to the affected taxing agencies, and to other interested persons and agencies and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to incorporate comments received during the public review period pursuant to CEQA and the State CEQA Guidelines, and to incorporate the Agency's responses to said comments, and as so revised and supplemented, a Final EIR was prepared by the Agency; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received and the responses of the Agency thereto, and is part of the Agency's Report to the City Council on the Redevelopment Plan; and ]~esolut~on 06-1 §~ ]~age 2 WHEREAS, the City of Cupertino is a Responsible Agency, as defined in Section 21069 of the Public Resoumes Code, with respect to the Redevelopment Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO AS FOLLOWS: Section 1. The City Council has duly reviewed and considered the Final EIR prepared and certified by the Agency prior to adopting this resolution and acting on the Redevelopment Plan. Section 2. The City Council hereby adopts the Statement of Findings, Facts, and Overriding Considerations relating to the environmental impact of the Redevelopment Plan for the Cupertino Vallco Redevelopment Project as set forth in Exhibit A attached hereto and incorporated herein by this reference (including, without limitation, the mitigation measures therein set forth). Based upon such Statement of Findings, Facts, and Overriding Considerations, the Agency hereby finds that all significant environmental effects have been eliminated or substantially lessened except the following unavoidable adverse impacts: Cumulative impacts on the Wolfe Road/Pruneridge Avenue intersection. With the traffic associated with the proposed project, approved developments in the area, and other reasonably foreseeable development, the operation of the intersection of Wolfe Road and Pruneridge Avenue is projected to deteriorate from LOS D to LOS E+ during the PM peak hour. There are no feasible physical improvements that could be constructed at this intersection that would mitigate this impact to a less than significant level. Regional emissions. Additional traffic generated by shopping center expansion would generate regional emissions exceeding the Bay Area Air Quality Management District's ("BAAQMD") thresholds of significance. BAAQMD guidance provides that projects that would individually have a significant air quality impact would also be considered to have a significant cumulative air quality impact. The proposed project therefore would also have a significant cumulative impact on regional air quality. Mitigation measures are set forth in the Statement of Findings, Facts, and Overriding Considerations (Exhibit A). Those mitigation measures will assist in reducing project and cumulative impacts on regional air quality, but would not reduce the impacts to a less-than-significant level. Based upon the foregoing, the City Council finds and determines that the Redevelopment Plan will have a significant effect upon the environment but that the benefits of the Redevelopment Plan outweigh the unavoidable adverse impacts for Resolution 00-187 Page the reasons set forth in the Statement of Findings, Facts, and Overriding Considerations, in particular, Part V thereof. Section 3. The City Council hereby adopts the Mitigation Monitoring Plan set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 4. Upon approval and adoption of the Redevelopment Plan by the City Council, the City Clerk is hereby directed to file a Notice of Determination with the County Clerk of the County of Santa Clara pursuant to the provisions of Section21152 of CEQA and Section 15096(i) of the State CEQA Guidelines. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of July 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: Statton ABSTAIN: None ATTEST: City Clerk APPROVED: Vice-Mayor, Ci[y o~2~pertino P~esolut~on 00- l §7 Page EXHIBIT A STATEMENT OF FINDINGS, FACTS, AND OVERRIDING CONSIDERATIONS RELATING TO THE ENVIRONMENTAL IMPACTS OF THE REDEVELOPMENT PLAN FOR THE CUPERTINO VALLCO REDEVELOPMENT PROJECT I. INTRODUCTION The California Environmental Quality Act (Public Resources Code Section 21000 et seq., "CEQA") provides, in Section 21081, that: "[N]o public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: "(a) The public agency makes one or more of the following findings with respect to each significant effect: "(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. "(2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. "(3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or altematives identified in the environmental impact report. "(b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific oven/ding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." As defined in CEQA, '"significant effect on the environment' means a substantial, or potentially substantial, adverse change in the environment." (Public Resources Code Section 21068.) Resolution 00-1/~7 Page II. DESCRIPTION OF THE PROJECT PROPOSED FOR APPROVAL For purposes of CEQA, the "project" addressed in the Final Environmental Impact Report (the "Final EIR") is the adoption and phased implementation of the Redevelopment Plan (the "Redevelopment Plan") for the Cupertino Vallco Redevelopment Project (the "Project"). As more particularly identified in the Final EIR, The Project Area is more particularly identified in the Final EIR. Under the Redevelopment Plan, the Project would be developed in accordance with the land uses designated and permitted by the General Plan for the City of Cupertino. The Redevelopment Plan also specifically recognizes the development rights vested under that certain Development Agreement dated August 15, 1991, adopted by the City Council of the City of Cupertino by Ordinance No. 1540 on July 15, 1991. The Final EIR describes the environmental impacts that may occur as a result of the adoption and phased implementation of the Redevelopment Plan and identifies, where applicable, measures which would mitigate significant effects on the environment to a level of insignificance. Findings regarding the significant effects of the Project are set forth below. III. ENVIRONMENTAL IMPACTS OF THE PROJECT; FINDINGS REGARDING SIGNWICANT EFFECTS OF THE PROJECT This Part III identifies the potentially significant and unavoidably significant effects of the Project as determined by the Agency and the City Council, including the findings and facts supporting the findings in connection therewith. A. Land Use and Planning 1. Environmental Impact Land Use Incompatibilities Between Proposed Modifications and Adjacent Areas: The proposed location of the new 168-room Hotel #2, west of Wolfe Road, could result in potentially significant adverse land use compatibility effects on adjacent existing residential areas to the west of the project site. These potential adverse effects could include: height and scale incongruities, introduction of night-time light impacts from the hotel and hotel parking area lighting features, construction period emissions (air), and increased noise associated with mechanical equipment and project construction. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. c. Facts in Support of the Finding: The following mitigation - measures are incorporated into the Redevelopment Plan: Resolution 00-1 §'~ Page In conducting the design review process for Hotel #2, particular emphasis will be placed on the need to incorporate building design, setback, lighting controls, and other measures to ensure against adverse impacts on the nearest residential neighborhood to the west. The construction period air quality (dust) mitigation measures identified in Section 9.3 of the Final EIR will be implemented. B. Visual Factors 1. Environmental Impact Visual Impacts of Wolfe Road Tree Removal: The proposed new department store and to a lesser extent, the proposed expansion of the retail bridge across Wolfe Road, could displace existing Wolfe Road street trees, resulting in the loss of visually important mature street trees and the conspicuous disruption of the existing Wolfe Road visual character at this location. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) To the extent possible, the layout for the proposed new department store and retail bridge will retain and protect some of the existing street trees and/or a street tree replacement plan will be implemented which, to the satisfaction of the City, will be sufficient to offset project-related losses and restore visual continuity on the affected segment of Wolfe Road. Transportation and Parking 1. Environmental Impact Project Impact on Westbound Left-Tm Storage at the Wolfe Road/Homestead Road Intersection: The estimated maximum vehicular queue in the westbound left-mm lanes at the Wolfe Road/Homestead Road intersection is estimated to exceed the available storage under existing conditions by six vehicles. With the addition of traffic associated with other approved developments Resolution 00-187 ]~age 7 and the proposed project, the queue is estimated to exceed the available storage by 10 vehicles. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) As part of the project development, the westbound left-tm pocket at the Wolfe Road/Homestead Road intersection will be lengthened by modifying the striping on the Homestead Road approach to provide two 320-foot left- turn lanes. Environmental Impact Project Impact on Eastbound Left-Tm Storage at the Wolfe Road/Stevens Creek Boulevard Intersection: With the addition of traffic associated with the proposed project, the maximum queue in the eastbound left-mm pocket at the Wolfe Road/Stevens Creek Boulevard intersection is projected to exceed the available storage length by one vehicle during the AM peak hour. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) As part of the project development, the eastbound left-turn pocket at the Wolfe Rload/Stevens Creek Boulevard intersection will be lengthened by modifying the striping and median on the Stevens Creek Boulevard approach to provide one 170-foot and one 430-foot-long left-turn lane. Environmental Impact Project Impact on Westbound Left-Turn Storage at the Stevens Creek Boulevard/De Anza Boulevard Intersection: The maximum queue projected in the westbound left-turn pocket at the Stevens Creek Boulevard/De Anza Boulevard intersection is 18 vehicles under existing conditions and 20 vehicles under project conditions. Resolution 00-1 g7 Page The existing turn pocket storage is approximately 16 vehicles in two 190-foot-long lanes. The estimated maximum queue under project conditions would exceed the available storage length by four. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) As part of the project development, the eastbound left-turn pocket at the Stevens Creek Boulevard/De Anza Boulevard intersection will be lengthened by modifying the striping and median on the Stevens Creek Boulevard approach to provide two 250-foot-long left-tm lanes. Environmental Impact Potential Operational Impact at the Vallco Parkway (Realigned) Parking Structure Driveways: The design of relocated Vallco Parkway and the associated new adjacent parking structure driveways has not been finalized. If separate left-mm lanes for inbound traffic at the parking structure driveways on Vallco Parkway are not provided, a potentially significant impact would occur at these locations. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (i) As part of the project development, the provision of separate left-turn lanes for inbound traffic at the Vallco Parkway driveways will be required. Environmental Impact Potential Increased Demand for Bicycle Access: The project has the potential to increase demand for bicycle access to the site. There are no existing bicycle facilities serving the site. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) The project design shall incorporate support facilities for bicycles (e.g., bike racks for patrons and bicycle lockers and showers for employees). Environmental Impact Potential Parking Impacts: The project has the potential to substantially increase the demands for convenient on-site parking which may result in locational and overall shortages in parking supply. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) Parking will be required to be constructed at the retail parking ratio specified in the Development Agreement (August 15, 1991) and/or at the parking ratios specified in the City's zoning ordinance. In addition, to the extent necessary and feasible, off-site employee parking and/or a valet program during the peak holiday season shall be implemented. Environmental Impact Cumulative Impacts on the Homestead RoadfWolfe Road Intersection: With the traffic associated with the proposed project, approved developments in the area, and other reasonably foreseeable development, operation of the intersection of Homestead Road and Wolfe Road is projected to deteriorate fi.om LOS D- to LOS E during the PM peak hour. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Resolution 00-1 ~? Page Facts in Support of thc Finding: The following mitigation measure is incorporated into the Redevelopment Plan: Implementation of the City's planned Homestead Arterial Management Program would improve operations at this intersection. PM peak-hour operations with improved signal progression along Homestead Road are estimated to be at LOS D-. 8. Environmental Impact a. Cumulative Impacts to the Wolfe Road/Pmneridge Avenue Intersection: With the traffic associated with the proposed project, approved developments in the area, and other reasonably foreseeable development, operation of the intersection of Wolfe Road and Pruneridge Avenue is projected to deteriorate from LOS D to LOS E+ during the PM peak hour. Finding: This is an unavoidable significant effect. Specific economic, legal, social, technological or other benefits of the Project make the alternatives infeasible and outweigh this significant effect. Facts in Support of the Finding: The specific economic, legal, social, technological or other benefits of the Project are more particularly described in the Statement of Overriding Considerations contained in Part V of this Statement of Findings, Facts and Overriding Considerations. Public Services 1. Environmental Impact Increase in Demand for Fire Protection and Emergency Medical Services: The proposed project would attract new patrons to the proposed new peripheral retail store, restaurant, two hotels, department store(s), and other retail space increases, increasing the demand for fire protection and emergency medical services. In addition, traffic generated by the proposed project and other development in the area may create greater traffic congestion, potentially increasing emergency response times. The Central Fire District may require additional staffing and/or equipment to provide an adequate level of service to the project. Resolution 00- ! g7 Page 11 Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: As part of the project development, compliance with all applicable codes will be required, including the 1994 Uniform Fire Code, current Uniform Building Code, Electrical Code, Mechanical Code and Municipal Code, to ensure adequate installation of sprinkler systems, water delivery systems, and other provisions. (2) As part of the project development, compliance with detailed project design features identified by the Central Fire District will be required during the City's plan review and permitting process. Environmental Impact Increase in Demand for Police Services: The proposed project would attract new patrons to the proposed new peripheral retail store, restaurant, two hotels, department store(s), and other retail space increases, increasing the demand for fire protection and emergency medical services. In addition, traffic generated by the proposed project and other development in the area may create greater traffic congestion, potentially increasing emergency response times. The Santa Clara County Sheriff's Department may require additional staffing to provide an adequate level of service to the project. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) As part of the project development, coordination with the City and the County Sheriff's Department will be required to quantify potential impacts on police services and develop an appropriate mitigation strategy, including adequate site lighting for security. Resolution 00-187 Page 12 Additional Facts: The City of Cupertino has approved an agreement with the County of Santa Clara whereby the City has agreed to pay the cost of one additional sheriff's deputy for a certain period of time. Environmental Impact Potential for Delays in Emergency Response: The numerous access points to the project site may create confusion to emergency responders, possibly adding to response times. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) Coordination with the Sheriff's Department and Central Fire District will be required, as necessary and appropriate, to assign specific access point designations. Environmental Impact Project Sanitary Sewer System Impacts: The sewer collection demands associated with the proposed project could exceed the capacity of the existing sewer main under 1-280 currently serving the project site. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) As part of the project development, wastewater generation increases shall be compared by a civil engineer to determine whether existing capacity is sufficient and, if not, collection capacity improvements shall be required. Air Quality 1. Environmental Impact Resolution 00-187 Page 13 Construction Emissions: Project construction activities such as building demolition, excavation and grading operations, construction vehicle traffic and wind blowing over exposed earth would generate exhaust emissions and fugitive particulate matter emissions that would affect local air quality. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) Fugitive dust control measures will be required to be implemented during project demolition and construction activities. Environmental Impact Regional Emissions: Additional traffic generated by shopping center expansion would generate regional emissions exceeding the Bay Area Air Quality Management District's ("BAAQMD") thresholds of significance. BAAQMD guidance provides that projects that would individually have a significant air quality impact would also be considered to have a significant cumulative air quality impact. The proposed project therefore would also have a significant cumulative impact on regional air quality. Finding: This is an unavoidable significant effect. Specific economic, legal, social, technological or other benefits of the Project make the alternatives infeasible and outweigh this significant effect. Facts in Support of the Finding: The specific economic, legal, social, technological or other benefits of the Project are more particularly described in the Statement of Overriding Considerations contained in Part V of this Statement of Findings, Facts and Overriding Considerations. Geology and Soils 1. Environmental Impact Resolution 00-1 g7 Page 14 Expansive Soils and Soil Settlement: New development on the project site may be subject to foundation and infi.astmcture (i.e., utility pipe) damage from expansive soils or settlement of soils. Although it is likely that any such soils on the site were treated or removed prior to the construction of the existing structures, it is possible that some hazards remain or that remediation standards have increased. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) In accordance with standard City procedures, a soils report will be required in connection with project development, which shall be based on a sufficient analysis of soils conducted by a qualified engineer or geologist and include appropriate soils, foundation and structural engineering to adequately account for any expansive soil underlying the site. Environmental Impact Seismic Shaking Hazards: The project would be subject to strong to very strong seismic shaking in the event of a major earthquake on the Hayward, San Andreas, or Calaveras fault systems. This shaking could, in turn, result in ground failure fi.om liquefaction or differential settlement. Shaking or resulting ground failure could damage or destroy improperly designed or constructed new structures and infrastructure and result in hazards of injury or death to new building occupants. Potential damage to the proposed cinema would be of particular concern due to the likely high concentration of occupants. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. c. Facts in Support of the Finding: The following mitigation -- measures are incorporated into the Redevelopment Plan: Resolution 00-197 Page 15 Cultural Resources O) (2) Submission of a detailed site-specific geotechnical investigation for the project, and commitment to compliance with all recommendations, will be required prior to project development. The use of flexible connections for all water and sewer lines and, as appropriate, underground power and telecommunications lines will be required. Environmental Impact Disturbance of Historic Archaeological Resources: Although the potential for the project site to contain archaeological resources is currently considered low, construction of the proposed new store, cinema, restaurant, and parking facilities could disturb sensitive,, as-yet unknown historic archaeological resources.. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: 1 In the event that subsurface cultural resources are encountered during ground-disturbing activities, work in the immediate vicinity shall be stopped and a qualified archaeologist retained to evaluate the finds. The discovery or disturbance of any cultural resources shall also be reported to the California Historic Resources Information System and, if Native American artifacts are found, to the Native American Heritage Commission. Identified cultural resources should be recorded on form DPR 523 (historic properties). Mitigation measures prescribed by these groups and required by the City will be undertaken prior to resumption of construction activities. If human remains are found during project grading, work shall be halted and the County Coroner shall be informed immediately. If disturbance of a cultural resoume cannot be avoided, a mitigation program, including measures set forth in Section 15126.4 of the State CEQA Guidelines, shall be implemented. 2. Environmental Impact P. esolution 00-I §7 Page 16 Disturbance of On-site Culturally Significant Trees: Project construction could disturb culturally significant trees at the project site, especially those located near the proposed new department store, parking structure, and peripheral retail store. Finding: Changes or alterations have been required in, or incorporated into, the Redevelopment Plan which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: (1) A survey of existing trees on the project site shall be conducted. In connection with any tree defined as a "heritage tree" or a "specimen tree" by the Cupertino Municipal Code (chapter 14.18), compliance with City policies and ordinance requirements for tree protection and maintenance shall be required. IV. F1NDINGS REGARDING ALTERNATIVES TO THE PROJECT CEQA requires that an EIR describe a range of reasonable alternatives to the Project or to the location of the Project which could feasibly attain the basic objectives of the Project and to evaluate the comparative merits of the alternatives. Section 15126(d)(1) of the State CEQA Guidelines states that the "discussion of alternatives shall focus on alternatives to the project or to its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." As more particularly set forth in the Final EIR, the Project was compared to the following alternatives: (1) no project; (2) alternative land use mix--2,984-seat cinema in place of 95,000- square-foot retail store; (3) mitigated project alternative; (4) modified redevelopment area boundaries; (5) alternative project location. The analysis in the Final EIR concludes that the Mitigated Project is the environmentally superior alternative. The Mitigated Project is the proposed project incorporating all of the mitigation measures recommended by the Final EIR. Based on the information contained in the Final EIR and the foregoing, the Agency and the City Council find that none of the other alternatives (those alternatives other than the Mitigated Project) are feasible in that none of the other alternatives will accomplish the basic objectives of the Project to eliminate blight in the Project Area. As a result, none of the other alternatives are acceptable when compared to the project as proposed and modified by the mitigation measures adopted by the Agency and City Council, i.e., the Mitigated Project. Resolution 00-1 ~? Page V. STATEMENT OF OVEKRID1NG CONSIDERATIONS CEQA requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. As set forth in Part III hereof, the Agency and the City Council have determined that the only unavoidable environmental consequences of the Project are the following: Transportation and Planning: Cumulative impacts on the Wolfe Road/Pruneridge Avenue intersection. With the traffic associated with the proposed project, approved developments in the area, and other reasonably foreseeable development, the operation of the intersection of Wolfe Road and Pruneridge Avenue is projected to deteriorate from LOS D to LOS E+ during the PM peak hour. There are no feasible physical improvements that could be constructed at this intersection that would mitigate this impact to a less than significant level. Air Quality: Regional emissions. Additional traffic generated by shopping center expansion would generate regional emissions exceeding the Bay Area Air Quality Management District's ("BAAQMD") thresholds of significance. BAAQMD guidance provides that projects that would individually have a significant air quality impact would also be considered to have a significant cumulative air quality impact. The proposed project therefore would also have a significant cumulative impact on regional air quality. Mitigation measures are set forth in the Statement of Findings, Facts, and Overriding Considerations (Exhibit A). Those mitigation measures will assist in reducing project and cumulative impacts on regional air quality, but would not reduce the impacts to a less-than-significant level. The Agency and the City Council find that the above-referenced unavoidable environmental consequences of the Project are acceptable when balanced against its benefits. This finding is based on the following facts: The Project will serve a critical need, that being the elimination and prevention of the spread of blight and deterioration in the Project Area and the conservation, rehabilitation and redevelopment of the proposed Project Area in accordance with the Redevelopment Plan, the General Plan for the City of Cupertino and local codes and ordinances. The promotion of new and continuing private sector investment within the Project Area will prevent the loss of and facilitate the capture of commercial sales activity. The Project will allow for the elimination of blight through rehabilitation and reconstruction, new development, and the assembly of parcels into more developable sites for more desirable uses. Resolution 00-1 g? Page The Project will result in the elimination or amelioration of certain environmental deficiencies, including substandard vehicular circulation systems. New construction within the Project Area will result in an environment reflecting a high level of concern for architectural, landscape, and urban design and land use principles appropriate for attainment of the objectives of the Redevelopment Plan. Project implementation would result in the retention and expansion of businesses by means of redevelopment and rehabilitation activities and by encouraging and assisting in the cooperation and participation of owners, businesses, and public agencies in the revitalization of the Project Area. Revitalized commercial development will result in the creation and development of local job opportunities and the preservation of the area's existing employment base. Project implementation will strengthen the economic base of the Project Area and the City by installing needed site improvements and stimulating commercial development. Project implementation will expand and improve the City's supply of affordable housing. Cupertino Vallco Redevelopment Plan Cupertino Redevelopment Agency July 13, 2000 EXHIBIT B Final EIR Mitigation Monitoring Checklist Page I MITIGATION MONITORING CHECKLIST FOR THE CUPERTINO VALLCO REDEVELOPMENT PLAN STATE MITIGATION MONITORING REQUIREMENTS CEQA Section 21081.6 of the Public Resources Code requires all public agencies to adopt reporting or monitoring programs when they approve projects subject to environmental impact reports or mitigated negative declarations. The mitigation monitoring program must be implemented by the Lead Agency (in this case, the Cupertino Redevelopment Agency) subsequent to certification of the EIR. The following mitigation monitoring and reporting checklist has been formulated for implementation of the mitigation measures identified in the Final Environmental Impact Report for the Cupertino Vallco Redevelopment Plan, May 2000 (the Final EIR incorporates the November 1999 Draft EIR). MITIGATION MONITORING CHECKLIST The following mitigation monitoring and reporting checklist identifies: (1) each significant impact identified in the EIR, (2) each mitigation measure included in the EIR, (3) the party or parties responsible for implementing that mitigation measure, (4) the type of implementation required, (5) the timing of implementation, (6) the party responsible for performing the mitigation monitoring, and (7) the mitigation verification signature and date. These checklist items are discussed in more detail below. Identified Impact. This checklist column includes each significant adverse impact identified in the Final EIR (Draft EIR section 2, except as revised in Final EIR section 31). Identified Mitigation Measures. This column includes each mitigation measure identified in the Final EIR (Draft EiR section 2, except as revised in Final EIR section 31). Monitoring. This column describes (1) the "implementation entity" responsible for carrying out each mitigation measure--e.g., future shopping center and/or hotel development applicants ~From the yellow Summary table in section 2 of the Draft EIR (pages 2-4 through 2-15), except as superseded by section 3 of the Final EIR. WP511596tFEIRIMITMON. 596 Cupertino Vallco Redevelopment Plan Cupertino Redevelopment Agency July 13, 2000 Final EIR Mitigation Monitoring Checklist Page 2 ("appl.") and/or the City and/or the County Fire Department (CFD);1 (2) the "type of monitoring action" required (e.g., revisions to the overall development plan, or conditions of project approval); (3) specific implementation timing requirements (e.g., implement during design review of prior to project approval); and (4) the "monitoring and verification entity" responsible for performing the monitoring and verification of each mitigation, which for every mitigation is the City/Agency's Department of Community Development (DCD). Verification. The verification column provides a space for the DCD staff signature and date when a monitoring milestone is completed. 1The County Fire Department (CFD) is incorrectly referred to as the Central Fire District in the EIR document. WP511596tFEIRtMITMON.596 MITIGATION MONITORING CHECKLIST-CUPERTINO VALLCO REDEVELOPMENT PLAN The environmental mitigation measures listed in column two below have been incorporated into the Cupertino Vallco Redevelopment Plan in order to mitigate identified environmenta[ impacts. A completed and signed chart will indicate that each mitigation requirement has been complied with, and that City and state monitoring requirements have been fui~lled with respect to Public Resoumes Code Section 21081.6. MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Implementatio~ Timing Monitoring ane CONDITION OF APPROVAL) Entity~ Action= , Requlremenls~ Verification Entity~ Signature Date LAND USE AND PLANNING Impact LU-I: Land Use Incompatibilities Mitigation LU-I: In conducting the design review City Incoq)orate into the Implement DCD Between Proposed Modifications and )rocess for Hotel #2, place particular emphasis on and project during design Adjacent Areas. The proposed location of the the need to incorporate building design, setback, appl. review new 168-room Hotel #2, west of Wolfe Road, lighting controls, and other measures to ensure could resuJt in potentially significant adveme against adverse impacts on the nearest residential land use compatibility effects on adjacent neighborhood to the west. Implement the existing residential areas to the wast of the construction pedod air quality (dust) mitigation project site. These potential adverse effects measures identitied in section 9.3 of this EIR could include: height and scale incongmiffss, (MitigaEon AQ-1). introduction of night-time light impacts from the hotel and hotel parking area lighting features, construction period emissions (air), and increased noise associated with mechanical equipment and project construction. VISUAL FACTORS Impact V-l: Visual Impacts of Wolfe Road Mitigation V-l: To the extent possible, formulate Appl. Incorporate into the implement DCD Tree Removal. The proposed new department a layout for the proposed new department store project during design store (Dillards) and to a lesser extent, the and retaii bddge that retains and protects some of review proposed expansion of the retail bddge across the existing street trees, and/or incorporate a Wolfe Road, could displace existing Wolfe Road street tree replacement plan into the project street trees, resulting in the loss of visually which, to the satisfaction of the City, is sufficient important mature street trees and the to offset project-related losses and restore visual conspicuous disruption of the existing Wotie continuity on the affected segment of Wolfe Road. Road visual character at this location. WP511596iFEIRtMMCI¥~596 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Implernentatl¢~ Timing Monitoring and (CONDITION OF APPROVAL) Entity~ Action= Requirements= Verification Entity4 Signature Date TRANSPORTATION AND PARKING impact T-l: Project Impact on Westbound Mitigation T-1. Require the applicant to lengthen City Incorporate into the Prior to DCD Left-turn Storage at the Wolfe Road/ the westbound left-turn pocket at the Wolfe and project )roject Homestead Road Intersection. The estimated Road/Homestead Road intersection by modifying appl. approval maximum vehicular queue in the westbound left- the striping on the Homestead Road approach to turn lanes at the Wolfe Road/Homestead Road provide two 320-foot left-rum lanes. intersection is estimated to exceed the available storage under existing conditions by six vehicles. With the addition of traffic associated with other approved developments and the pmpased Vallco redevelopment plan project, the queue is estimated to exceed the available storage by 10 vehicles. Impact T-2: Project Impact on Eastbound Mitigation T-2. Require the applicant to lengthen City Incorporate into the Prior to DCD Left-turn Storage st the Wolfe Road/Stevens the eastbound left-turn pocket at the Wolfe and )roject )roject Creek Boulevard Intersection. With the Road/Stevens Creek Boulevard Road interseclion appl. approval addition of traffic associated with the proposed by modifying the striping and median on the project, the maximum queue in the eastbound Stevens Creek Boulevard approach to provide left-turn pocket at the Wo{fe Road/Stevens one 170-foot and one 430-foot-long left-turn lane. Creek Boulevard intersection is projected to exceed the available storage length by one vehicle during the AM peak hour. impact T-3: Project Impact on Westbound Mitigation T-3. Require the applicant to lengthen City Incorporate into the Prior to DCD Left-turn Storage st Stevens Creek the eastbound left-turn pocket at the Stevens and project project Boulevard/De Anza Boulevard Intersection. Creek BoulevardJDe Anza Boulevard intersection appl, approwl The maximum queue projected in the westbound by modifying the striping and median on the left-turn pocket at the Stevens Creek Stevens Creek Boulevard approach to provide two Boulevard/De Anza Boulevard intersection is 18 250-foot-long left-turn lanes. vehicles under existing conditions and 20 vehicles under project conditions. The existing turn pocket storage is approximately 16 vehicles in two 190-fcot-long lanes. The estimated maximum queue under Project Conditions would exceed the available storage length by four. WP51 t596iFEIRIMMCHT. 596 Page 2 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Implementatio~ Timing Monitoring and (CONDITION OF APPROVAL) Entily~ Action~ Requirements~ Verification Entity* Signature Date Impact %4: Potential Operational impact at Mitigation T-4. Provide separate leff-tum lanes Appl. Incorporate into the Pdor to DCD the Vallco Parkway (Realigned} Parking for inbound traffic at the Valico Parkway project )roject Structure Driveways. The design of relocated driveways, approvaJ Vallco Parkway and the associated new adjacent parking structure driveways has not been finalized. If separate left-turn lanes for inbound traffic at the parking structure driveways on Vallco Parkway are not provided, a )otentia}ly significant impact would occur at these locations. Impact T-5: Potential Increased Demand for Mitigation T-5. Incorporate support facilities for Appl. Incorporate into the Prior to DCD Bicycle Access. The project has the potential bicycles (e.g., bike racks for patrons and bicycle i project project to increase demand for bicycle access to the lockers and showers for employees} into the approval site. There are no existing bicycle facilities proposed project design. serving the site. The project as proposed does not include support facilities for bicycles (e.g., bike racks, bike Iockem, etc.). Impact T-6: Potential Parking Impacts. The Mitigation T-6. As discussed under subsection AppL Incorporate into the Prior to DCD project has the potential to substantially increase 7.2.2 above, the 1991 Development Agreement ~rojecl project the demands for convenient onsita parking requires that new parking for added retail space approval which may result in Iocational and overall be provided at a ratio of one parking space for shortages in parking supply, every 248 square feet of gross leasable area of retail space. The agreement does not address hotel parking. Even with the provision of this retai~ parking rafio, a parking shortage may cccur during the peak holiday shopping season. Additional retail parking can be provided during peak holiday periods by requiring employees to park offsite and to use shuttle buses to free-up onsite spaces for mall patrons during peak conditions. Another option is to use valet parking where patrons drop off their vehicle at a valet booth and a parking attendant then parks the vehicles. Under the valet option, vehicles are parked cioser together than in a typical lot, by WP51 [5961FEIR~MMCPIT~596 Page 3 MONITORING /ERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Imp~. Type of Implementatic~ Timing Monitoring and (CONDITION OF APPROVAL) I Entity~ Action= Requirements= Verification Entity~ Signature Date disregarding the space delineations and by parking vehicles in the cimu;ation aisles, thus increasing the effective parking supply. Provide parking at the retail parking ratio specified in the Development Agreement, implement offsite employee parking and/or a valet program during the peak holiday season, and provide hotel parking ratios as specified in the City's zoning ordinance. Impact T-7: Cumulative Impacts on the Mitigation T-7. Implementation of the City of City Implement the City imple- DCD Homestead Road/Wolfe Road intersection. CupaHino's planned Homestead Arterial Blayney Avenue to mentation With the traffic associated with the proposed Management Program would improve operations Tantau Avenue expected to project, approved developments in the ares, and at this intersection. PM peak-hour operations with synchronized signal be complete other reasonably foreseeable development, improved signal progression along Homestesd component of the by Fall 2001 operation of the intersection of Homestead Resd Road are estimated to be at LOS D-. Homestead Artedal (DEIR page and Wolfe Road is projected to deteriorate from Management 7-18). LOS D- to LOS E dudng the PM peak hour. Program Implement pdor to buildout of cumulative development (e.g., Compaq campus, etc.) impact T-8: Cumulative Impacts to the Wolfe Mitigation T-8. There are no feasible physical -- - Road/Prunerldge Avenue Intersection. With improvements that could be constructed at this the traffic associated with the proposed project, intersection; i.e., this is a significant unavoidable approved deve{opments in the area, and other cumulative impact. reasonably foreseeable development, the operation of the intersection of Wolfe Road and Pruneridge Avenue is projected to deteriorate from LOS D to LOS E+ during the PM peak hour. WP51 ~5961FEIRiMMCHT. 596 Page 4 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. rype of Implernentatl~ Timing Monitoring end (CONDITION OF APPROVAL) Entity' ~.ctionm Requirementsm Verification Entify4 Signature Date PUBLIC SERVICES Impact PS-l: Increase in Demand for Fire Mitigation PS-l: Require the applicant to comply City, Incorporate into the Prior to DCD Protection and Emergency Medical Services. with all applicable codes, including the 1994 CFD, project project Tl~e proposed project would attract new patrons Uniform Fire Code, current Uniform Building and approval to the proposed new peripheral retail store, Code, Electrical Code, Mechanical Cede, and appl. restaurant, two hotels, department store(s), and Municipal Code, to ensure adequate installation of other retail space increases, increasing the sprinkler systems, water delivery systems, and demand for fire protection and emergency other provisions. Also require applicant medical services. In addition, traffic generated compliance with detailed project design features by the proposed project and other development identified by the Central Fire Distdct (CFD) during in the ama may create greater traffic congestion, the City's plan review and permitting process. In potentially increasing emergency response addition, during the approval process for any times. The Central Fire District may require particular portion of the project described in the additional staffing and/or equipment to provide Redevelopment Plan, the Applicant should an adequate level of sen/ice to the project, negotiate with the CFD to identify mitigations that will enable the District to maintain adequate tire protection levels of service to the portion of the project for which the approval is being sought. Such mitigation may entail additional property tax pass-throughs from the Redevelopment Agency to the CFD beyond those that will already be included with Plan approval. Altemafively, they may entail applicant assistance to the CFD in procuring additional tirefighting equipment. Impact PS-2: Increase in Demand for Police Mitigation PS-2: Prior to approval of final City, Incorporate into the Prior to DCD Services. The proposed project would attract development plans for the mall modifications, appl. ~roject project new patrons to the proposed peripheral retail require the applicant to coordinate with the City anJ approval store, restaurant, two hotels, two department and the County Sheriffs Department to address CSD store(s) and other retail space, increasing the associated additional police service needs and demand for police services, tn addition, traffic develop an appropriate public/private secudty generated by the proposed project and other strategy (i.e., adequate*security lighting, a development in the downtown area may create coordinated secudty program involving the pdvata greater traffic congestion, potentially increasing onsite secudty force and City police, etc.). emergency response times. Condition final development plan acceptance on Page 5 WP5115961FEIRtMMCHT.596 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. '~ of Implementation T~mlng Monitoring and (CONDITION OF APPROVAL) Entity~ Actions Requirementss Verification Entity~ Signature Date City approval of the applicant proposed secudty strategy and implementation program. Impact PS-3: Potential for Delays in Mitigation PS-3: The mail operator should Appi. Incorporate into the Prior to DCD Emergency Response. The numerous access assign alphanumeric designations to the different project project )Dints to the project site may create confusion to access points to the Vallco Fashion Mall and approval emergency respondem, possibly adding to should provide the Sheriff's Depa~ment and response times. Central Fire District wffh site plans showing these access point designations. Impact PS-4: Project Sanitary Sewer System Mitigation PS-4: As a condition of futura onsite AppI. Incoq:~orate into the Prior to DCD Impacts. Tabte 3.1 indicates that the proposed development approvals, the Applican[~s civil project project redevelopment plan could facilitate expansion of engineer shall compare the wastewater generation approval the Vallco Fashion Park shopping center retail increment associated with the redevelopment space by 346,870 square feet, as well as the program with the design capacity of the existing addition of a 10,000-square-foot restaurant and sewer main(s), and based on the standard two new hotels (318 rooms). The Cupertino specifications of the Cupertino Sanitary District, Sanitary District has indicated that the increase shall either: (1) vedfy to the satisfaction of the in sewer collection demands associated with this City that existing collection capacity is sufficient to expansion ccuid exceed the capacity of the serve the project; or (2) design and implement, or existing sewer main under 1-280 currantly participate in on a fair share basis, to City serving the project site. satisfaction, the collection capacity improvements necessary to serve project buildout. AIR QUALITY Impact AD-l: Construction Emlsaions. Mitigation AQ-I. Dust emissions from demolition AppL Incorporate into the Prior to DCD Project construction activities such as building and ccnstmction activities can pa greatly reduced project )roject demolition, excavation and grading operations, by implementing fugitive dust control measures, approval construction vehicle traffic and wind blowing The significance of construction impacts is, over exposed earth would generate exhaust according to BAAQMD guidance, determined by emissions and fugitive particulate matter whether or not appropriate dust control measures emissions that would affect local air quality, are implemented. WP5115961FEIRtMMCHT. 596 Page 6 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. rype of Implernentatlo~ Timing Monitoring and (CONDITION OF APPROVAL) Entity~ Rction= Requirements= Verification Entity4 Signature Date Impact AQ-2: Regional Emissions. Additional Mitigation AQ-2: The shopping center Appl. incorporate into the Prior to DCD traffic generated by shopping center expansion redevelopment plan should implement the project project would generate regional emissions exceeding following strategies to reduce vehicle usage: approval the BAAQMD thresholds of significance. . Include physical improvements, such as BAAQMD guidance provides that projects that sidewalk improvements, landscaping and the would individually have a significant air quality installation of bus shelters and bicycle impact would also be considered to have a parking that would act as incentives for signiticant cumulative air quality impact. The pedestrian, bicycle and transit modes of 3roposed proj6ct therefore would also have a travel, significant cumulative impact on regional air · Develop a transit use incentive program for quality, employees and patrons, such as on-site distribution of passes and/or subsidized transit passes for local transit system. Provide transit information kiosks. Locate new building entrances near transit stops. These measures would assist in reducing project and cumulative impacts on regional air quality, but would not reduce the impacts to a less-than- signlticant level. Since no other feasible measures are available, the project and cumulative effect on regional air quality would therefore represent a significant unavoidable impact. GEOLOGY AND SOILS Impact GS-I: Expansive Soils and Soil Mitigation GS-1. In accordance with standard App!. Incorporate into the Prior to DCD Settlement. New development on the project City prccaduras, require the Applicant to submit a I)roject project site may be subject to foundation and soils report for City review. The soils report shall approval infrastructure (i.e., utility pipe) damage from be based on a sufficient analysis of soils expansive soils or setbament of soils. Although conducted by a qualified engineer or geologist, it is likely that any such soils on the site were and shall to City satisfaction include appropriate WP511596iFEIR~MMCHT-. 596 Page 7 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. T~pe of Implementatl~ Timing Monltortm3 and CONDITION OF APPROVAL) Entity~ Action2 Requirements~ Verification Entity~ Signature Date treated or removed prior to the construction of soils, foundation, and structural engtheedng to the existing Valtuo Fashion Park structures, it is adequately account for any expansive soil possible that some hazards remain or that undedying the site. remediation standards have increased. ImpactGS-2: Seismie Shaking Hazards. MltigationGS-2. Require the Applicant to submit Appl. Incorporete into the Priorto DCD Although no known active faults pass through or a detailed site-specific geotechnical investigation )reject ~roject imrnedtateiy adjacent to the project site, the for the project and require irnplementation of its approval project, like all urban devetuprnent in the region, recommendations to City satisfaction as would be subject to strong to very strong conditions of project approval. Require the project seismic shaking in the event of a rnajor to ccoform to the policies of the City of Cupertino earthquake on the Hayward, San Andreas, or General plan Public Health and Safety Element, Calaveras fauff systems. This shaking could, in and comply with all standard City conditions of turn, result in ground failure from liquefaction or approval regarding geotachnical issues. Require differential settlement. Shaking or resulting that flexible connections be used for all water and ground failure could darnage or destroy sower lines, and as appropriate, underground improperly designed or constructed new power and te]ecomrnunications lines. structures and infrastructure and result in hazards of injury or death to new building occupants. Potential damage to the proposed cinema would be of particular concern due to the likely high concentration of occupants. CULTURAL RESOURCES ImpactCR-l: Dlaturbance of HIstoric MitigationCR-l: In the event that subsurface Appl. Inco~porate into the Pdorto DCD Archaeological Resources. Although the cultural resources are encountered dudng project project potential for the project site to contain approved greund-disturbing activities, work in the approval archaeological resources is currently considered irnrnediate vicinity shall be stopped and a qualified iow, construction of the proposed new store, arnhasologist retained to evaluate the finds. The cinema, restaurant, and parking facilities could discovery or disturbance of any cultural resources disturb sensitive, as-yet unknown historic shall also be reported to the California Histodc archaeological resources. Resoumes information System (CHRIS) and, if Native American artifacts are found, to the Native American Heritage Commission. Identified cultural resources should be recorded on form WP511596tFEIRiMMCH T.596 Page 8 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. 3~/pe of Imp~ementattan Timing Monitoring and (CONDITION OF APPROVAL) Entity~ Action= flequirements~ Verification Entity~ Signature Date DPR 523 (historic properties). Mitigation measures prescribed by these groups and required by the City of Cupertino should be undertaken pdor to resumption of construction activities. If human remains are found during project grading, work shall halted and the County Coroner shall be informed immediately. If the Coroner determines that no investigation of the cause of death is required, and if the remains are of Native American origin, the Native American Heritage Commission should be ceetacted and further actions should be taken in consultation with them. If disturbance of a project area culturst resource cannot be a~,x~ided, a mitigation program, including measures set forth in Section 15126.4 of the CEQA Guidelines, shall be implemented. Impact CR-2: Disturbance of Onelte Mitigation CR-2: Require the Applicant to Appl. Incorporate into the Prior to DCD Culturally Significant Trees. Project conduct a survey of existing trees on the project project project construction coutd disturb culturally significant site, and consult with the City of Cupertino approval trees at the project site, especially those located regarding the City's Heritage Tree list before any near the proposed new department store, change or demol~ee occurs in the area of parking structure, and peripheral retail store, potentially sign[ficact onsite trees. For any tree defined as a "heritage tree" or a 'specimen tree' by Cupertino Municipal Code chapter 14.18, require compliance with City policies and ordinance requirements for tree protection and maintenance. WP51 t596tFEIRIMMCHT. 596 Page 9