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Dog Park General Plan Amendment OFFICE OF THE CITY CLERK ,�, CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408)777-3366 To: Planning Department From: Kirsten Squarcia Subject: A. Approve Mitigated Negative Declaration, General Plan Amendment, and Rezoning of a City-owned lot (actions to further dog park development); B. Increase funding to the Mary Avenue Dog Park construction project budget for a total not to exceed $450,000, authorization to award project contracts and authorization to approve Contract Change Orders (CCO) to the extent that total expenditures do not exceed the amount of the project budget Date: February 7, 2013 On February 5 the City Council made the following action: APPROVED THE MITIGATED NEGATIVE DECLARATION &ITS MITIGATION MONITORING PROGRAM ADOPTED THE RESOLUTION (SINKS VOTING NO) CONDUCTED THE FIRST READING OF THE ORDINANCE WITH THE CONDITION THAT STAFF MEET WITH THE RESIDENTS OF CASA DE ANZA TO WORK ON MITIGATING FACTORS TO BE DETERMINED BY STAFF AND RESIDENTS (SINKS VOTING NO) ADDED $100,000 TO THE PROJECT BUDGET FOR A TOTAL AMOUNT NOT TO EXCEED $450,000 WITH THE CONDITION TO ADD AN ADDITIONAL$50,000 TO GO TOWARD A BUFFER AT THE NEIGHBORING PROPERTY LINE (SINKS VOTING NO) AUTHORIZED THE CITY MANAGER TO AWARD CONTRACTS FOR THE MARY AVENUE DOG PARK TO THE LOWEST RESPONSIVE BIDDER (SINKS VOTING NO) AUTHORIZED THE CITY MANAGER TO APPROVE CONTRACT CHANGE ORDERS (CCO) TO THE EXTENT THAT TOTAL PROJECT EXPENDITURES DO NOT EXCEED THE AMOUNT OF THE PROJECT BUDGET (SINKS VOTING NO) , RESOLUTION N0. 13-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE MAP DESIGNATION FROM MEDIUM HIGH DENSTTY RESIDENTIAL (1.0-20 DU/GR. AC.) TO PARK & OPBN SPACE FOR PROPERTY LOCATED AT THE CORNER OF VILLA REAL AND MARY AVENUE,APN 326-27-030 WHEREAS, the Applicant, the City of Cupertino, initiated an application for a General Plan Amendment as described in this resolufion; and WHEREAS, the Applicai�on No.: GPA-2012-01, requesfs to amend the general plan land use map to change the land use map designation for properiy Iocated at the corner of Villa Real and Mary Avenue from Medium High Density Residential (10-20 dwellings/gross acre) to Park & Open Space; WHEREAS, on January 8, 2Q13 the City's Planning Commission held a duly noticed public hearing on the Application and recommended approval by a 3--2 vote; and WHEREAS, the necessary public notices were given in accordance with the procedural ordinance of the City of Cupertino and the City Council has held at least one public hearing on the matter; and WHEREAS, the City Council finds that the General Plan Amendment is in the public interest and will not be detrimental to the public health, safety or welfare. The Council finds that the Amendment is consistent and compatible with the proposed use of the property as a dog park in that the proposed general plan land use designation of Park and Open Space is applied to land owned by the public and used for recreation or open space puxposes. A park for the use of off-leash dogs and their owners meets that recreational purpose; and WHEREAS, the City Council has deternnined that there will not be significant environmental impacts to revise the General Plan Land Use Map in that the City Council reviewed the prepared Initial Study and Mitigated Negative Declaration, held a public hearing and took public comments on the Initial Study and Mitigated Negative Declaratian and subsequently finds fihat potential environmental impacts are either less than significant or less than sigruficant with the application of mitigations incorporated in the project; . Resolution No. 13-012 Page 2 NOW, THEREFORE, BE IT RESC}LVED by the City Council of the City of Cupertino thafi after careful cansideration of maps, facts, exhibits, testiinony and other evidence submitted in this matfier, the mitigated negative declaration and mitigation monitoring program are hereby adopted and the application for General Plan Amendment, applicatian no. GPA-2012-01 is hereby approved with the proposed property subject to the changes in fihe General Plan Land Use Map shown in Exhibit A. PASSED AND AD�PTED at a regulax meeting of the City Council ot fihe City of Cupertino this 5th day of F�bruary 2Q13, by the following vote; Vote Members of the Citv Council AYES: Mahoney, Chang, Santoro, Wong N�ES: Sinks ABSENT: None ABSTAIN None ATTEST: APPROVE : � Grace Schmidt, Cifiy Clerk Orrin Mahoney,Ma , City of Cupertino EXHIBIT A N8Bti6'66'W 184,16' ��ec sT�r � � � I AI .� �. +-^-- Y' � I �1 � �� ; �� . � � � . 1 � � � , � ,�:� , � 1 • 7�� I ��7 1 � M lz � , o , � � � , � �� ` h t0 � � r��aa'�i ea�' � �� I 7'� \ a �� I� J � � 3�, , I � �� ' d� �`� ; , � 4 � ZONING PLAT MAP Rezone Q,83 acres fram "P(R1C)" .� Planned Development, Rp�ooa,00� 04$ N e�o��'34M N9� �z•�6 Single-Family Res(dentiai Cluster �.38.0� � • Intent to "PR" Park and Recreation � � ; I 1 : , r � Nov. zo�2 CITY OF CUPERTINO 9" � 80' SHEET MARY AVENUE DOG PARK 1 °F 2 EXHIBIT B Mary Avenue Dog Park Lot Description Record �wner; City of Cupertino, APN: 326-27-03 0 All that certain land situated in the State of CalIfornia, County of Santa Clara, Gity of Cupertino, described as foliows: A portion of those paresls of'land described in the fotlowing two deeds to the State of California: State Deed No, I3b28 recorded �ctober lb, 1964, 1'age 68$ ai�d S.tate Deed No, AF2086$ recorded July 2�4, 1962 ln Book 5656, Page 58.1, both of Official Records of Santa Clara County, more particulariy descrlbed as follows: Beginning at a centerline monument at the intersection of Mary �lvenue and Lubec Streat, thence South 40° 52' 31" West, 352,65 feet to the true point of beginning; thence South 56° 34' 35" West, a length of 51.09 feet; thence South 56° 09' S4" West, a length o£8.6� feet; thence South 56° 34' 3S" West, a length of 135.13 feet;thenaa South 22°25' 34"East, a length of 234.26 feet; tihence along a tangent curve to the right wlth a radfus of 3,000,00 feet, through an an$le of 0° 43' 34",an arc length of 38,02 feet; thence North 74°06' S6" East, a length of'12,18 fect; thence along a tangent curve to the right w-ith a radius of 1.,000.U0 feet, through an angle of 10° 14' 33", �n tira lenglh of 178.78 feet; arid thence North 00°52' 31"East,a length of 1b1.67 feet to the true polnt of beginning Containing 36,1Q3 square feet or 0.83 acres, mor�or lass ' GPA-2012-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6717 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL PLAN AMENDMENT TO AMEND THE GENERAL PLAN LAND USE MAP FROM MEDIUM HIGH DENSITY RESIDENTIAL (10-20 DU/GR. AC.)TO PARK&OPEN SPACE FOR PROPERTY LOCATED AT THE CORNER OF VILLA REAL AND MARY AVENUE, APN 326-27-030 SECTION I: PROTECT DESCRIPTION Application No.: GPA-2012-01 Applicant: City of Cupertino Location: corner of Villa Real and Mary Avenue, APN 326-27-030 SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a General Plan Amendment to amend the General Plan Land Use Map to change the land use designation from Medium High Density Residential (10-20 du/gr. ac.) to Park & Open Space for property located at the corner of Villa Real and Mary Avenue, APN 326-27-030; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino in that the property was posted with a site notice at least 14 days prior to the hearing and hearing notices were publish in a local newspaper of general circulation, and mailed first class to owners of record of real property within 1,000 feet of the project property. In addition, interested parties of the dog park were emailed a public hearing notice. The Planning Commission has held one or more public hearings on this matter and that hearing was held on January 8, 2013; and WHEREAS, the Planning Commission finds that the General Plan amendment is consistent and compatible with the proposed use of the property as a dog park in that the proposed general plan land use designation of Park and Open Space is applied to land owned by the public and used for recreation or open space purposes. A park for the use of off-leash dogs and their owners meets that recreational purpose; and WHEREAS, the Planning Commission has determined that there will not be significant environmental impacts to revise the General Plan Land Use Map in that the Planning Commission reviewed the prepared Initial Study and Mitigated Negative Declaration, held a public hearing and took public comments on the Initial Study and Mitigated Negative Declaration and subsequently adopted a recommendation for the City Council to adopt a Mitigated Negative Declaration for the project; NOW, THEREFORE, BE IT RESOLVED: Resolution No. 6717 GPA-2012-01 January 8,2013 NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, a Mitigated Negative Declaration for environmental review purposes is recommended for approval, and application no. GPA-2012-01 is hereby recommended for approval by the Planning Commission, subject to the conditions which are enumerated in this Resolution; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application GPA-2012-01, as set forth in the Minutes of the Planning Commission meeting of January 8, 2013 are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit A (General Plan Land Use Map), except as may be amended by the Conditions contained in the Resolution. PASSED AND ADOPTED this 8th day of January 2013, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Brownley, Lee, Chair Miller NOES: COMMISSIONERS: Brophy, Sun ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS:none ATTEST: APPROVED: /s/Aarti Shrivastava /s/Mart�Miller Aarti Shrivastava Marty Miller, Chair Community Development Director Planning Commission G:\Planning\PDREPORT\CC RES\2012\GPA-2012-01 Resolution No. 6717 GPA-2012-01 January 8,2013 Exhibit A .. �.,_r'' � o� �" � a M � `�,. � METEOR __.. _� � ` � a S �� ,,.� • w ��L�2 �'S' �° ��> �. � a` � S��FS., � �```�, ��'A�� d` MILLARD LN�� J W, U s� ��°,°�„ � �r-,�, �.�. �� .�� F�ti�� v ` — eF�NFTT� �Q'�� ALENCI� � j ,.'. MILFORD _.._ �R > C''T � t� s1 z � Q � r�� ,,,,°�, �1AY�AGA Q �� ¢ �. 5 � � p p,,J "�. � � � � � ' w ��,o �� , . , GRANADA LUBEC 5T � � � a ; , w ; � : e. _. ��F,p �°� CORDOBA z m DEXTER DR c=,� � �.� �j' O ,.� Q `p�� O��(`�, CAVILA ��:, � � �� y H, � Change Land Use �� 'A RUMFORD y�x DR rc� Desi ation to ��' �� ` � °� ;, �RTE N1A "Park & Open Space" ��> : � � .__ _ . ,. . Q � �� , pA R/V OOD � � m ` FITZGERALD DR O Q (��-81�1��(DR � � � �z CNRISTENSEN ._�_ _�M_... � , °. � .. .. ,� . p � 3 � � UNIVEP.SITY WAY � �j Q •:. ....m�,._ , � ,...�. � p MONTE GT �� Z �Zy �q Q1 �m Aq� GLEN _ .n �""� � �� , �vp�o�R A< W � a', �'�S�oN`� v ��r�ua��. �� ''� � A� �,�� w Q �� °°oR OAKVIEW LN � � ��PN� PJE m � ..`, GPA-2012-01: General Plan Amendment to change the General Plan Land Use Map designation from "Medium High Density Residential (10-20 DU/GR.AC.)" to "Park & Open Space" for lot at the corner of Villa Real and Mary Avenue, APN 326-27-030. County of Santa Clara G�Un'T� �`��, o Santa Clara Counry Clerk-Recorder's Office Office of the County Clerk-Recorder ,� � � .� Business Division * � State of California �s ��' Document No.: 17890 County Government Center �1�TA c�,P� Number oi Pages: $ 70 West Hedding Street, E.Wing, 1'` Floor Filed and Posied On: 2/Q612U13 San Jose,California 95110 (408)299-5688 �� 1��`�1# Through: 3/U8/2U13 CRO Order Number: CEQA DOCUMENT DECLARATION Fee Totai: 2,20fi.25 ENVIRONMENTAL FILING FEE RECEIPT REGINA ALCOMENDRAS, County Clerk-Recor PLEASE COMPLETE THE FOLLOWING: bY Esther Duarte, Deputy Clerk-Recorder, 1. LEAD AGENCY: City of Cupertino 2. PRO.IECTTIT�E: EA-2012-07 (GPA-2012-01,Z-2012-02) 3. APPLICANT NAME: City of Cupertino PHONE: 408-777-3308 4. APPLICANT ADDRESS: comer of Mary Avenue and Villa Real Cupertino, Ca. 95014 5. PROJECT APPLICANT IS A: �Local Public Agency ❑School District ❑Other Special District ❑State Agency ❑Private Entity 6. NOTICE TO BE POSTED FOR 30 DAYS. 7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT a.PROJECTS THAT ARE SUBJECT TO DFG FEES ❑ 1.ENVIRO NMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $ 2,995.25 $ 0.00 p 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $ 2,156.25 $ 2,156.25 ❑ 3. APPLICATION FEE WATER DIVERSION�sTnre wnreR RE90URCES CONfROL BOARD ONLI� $ 850.00 $ 0.00 ❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 1,018.50 $ 0.00 p 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 50.00 Fish&Game Code§711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES ❑ 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 0.00 ❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH&GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE"SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT � NEGATIVE DECLARATION $ 50.00 $ 0.00 c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE S NO FEE 8. OTHER: FEE(IF APPLICABLE): $ 9. TOTAL RECEIVED........................................................................................................................................................ $ 2,206.25 *NOTE:"SAME PROJECT'MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE�INCLUDING COPIES) SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR ORIGINAL WILL BE RETURNED TO YOU AT THE TIME OF FILING.) CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT OF FISH AND GAME FOR THE LATEST FEE INFORMATION. ...NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTIONARE PAID." Fish&Game Code§711.4(c)(3) 12-19-2012 (FEES EFFECTIVE 01-01-2013) COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 (408)777-3308•FAX(408)777-3333 CUPERTINO February 6, 2013 NOTICE OF DETERMINATION EA-2012-07 Application: GPA-2012-01, Z-2012-02 City of Cupertino Corner of Mary Avenue and Villa Real Cupertino, CA 95014 At its meeting of February 5, 2013, the Cupertino City Council held a public hearing to consider: General Plan Amendment to change the General Plan Land Use Map designation from "Medium High Density Residential (10-20 DU/GR.AC.)" to "Park�Open Space"for an approximately 0.51 net acre vacant parcel; Rezoning of an approximately 0.82 gross acre vacant parcel from "P(R1C)- Planned Development, Single Family Residential Cluster Intent" to "PR—Park and Recreation Zone" The decision of the City Council was to approve said project by filing a Mitigated Negative Declaration on this project on February 5, 2013, has determined that the project is consistent with the General Plan and there are no significant environmental impacts. The Mitigated Negative Declaration has been prepared pursuant to the provisions of State and City guidelines. A copy of said Mitigated Negative Declaration is available in the Community Development Department, 10300 Torre Avenue, Cupertino, California. �� I��1�.. ��.� Beth Ebben Administrative Clerk City of Cupertino G:Planning/ERC/Exempt/notice of det GPA-2012-01,Z-2012-02.doc File#: i7890 210612013 CITY OF CUPERTINO MITIGATED NEGATIVE DECLARAT'ION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on February 5, 2013 PROTECT DESCRIPTION AND LOCATION Application No.: EA-2012-07, GPA-2012-01, Z-2012-02 Applicant: City of Cupertino Location: City owned lot at the corner of Villa Real and Mary Ave APN#326-27-030 DISCRETIONARY ACTION REQUEST General Plan Amendment to change the General Plan Land Use Map designation from "Medium High Density Residential (10-20 DU/GR.AC.)" to "Park&Open Space" for a 0.51 net acre vacant parcel; Rezoning of a 0.82 gross acre vacant parcel from "P(R1C)- Planned Development, Single Family Residential Cluster Intent" to "PR—Park and Recreation Zone" FINDINGS OF DECISIONMAKING BODY The City Council granted a Mitigated Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. The applicant shall adhere to all of the conditions required by the City Council on February 5, 2013 including but not limited to: The Mitigation Monitoring Program (attached) �� Aarti Shrivastava Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Mitigated Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino 0 2-6-2013 . ►. � City Clerk glerclnegEA201207 r MITIGATION MONITORING AND REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) for the Mary Avenue Dog Park project is attached as Table 1. The MMRP reflects the analysis of impacts and mitigation measures included in the Initial Study. The purpose of the MMRP is to ensure the implementation of mitigation measures identified as part of the environmental review for the Project. The MMRP includes the following information: ♦ A list of impacts and their corresponding mitigation measures. ♦ The party responsible for implementing mitigation measures. ♦ The timing for implementation of the mitigation measure. ♦ The agency responsible for monitoring the implementation of mitigation measures. ♦ The procedure and frequency for monitoring the implementation of mit- igation measures. The City of Cupertino must adopt this MMRP, or an equally effective pro- gram, if it approves the proposed Project with the mitigation measures in- cluded in the EIR. Public Resources Code Section 21081.6(a) requires an agency to adopt a program for reporting or monitoring mitigation measures that were adopted or made Conditions of Project Approval. 1 C I T Y O F C U P E R T I N O M A R Y A V E N U E D O G P A R K I N 1 T 1 A L S T U D Y M I T I G A T I O N M O N I T O R I N G A N D R E P O R T I N G P R O G R A M TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Parry Responsible Implementation Agency for Trigger/ Responsible Moiutoring Monitoring Verified Inipact Miti�ation Measures Implementation Timing for Monitoring Action Frequency Implementation Air Quality AQ-1:The amount of dust generated during construc- tion would be highly varia- ble and is dependent on the size of the area disturbed at one time along with the amount of activity,the equipment being operated, soil conditions and meteor- ological conditions. If un- controlled,PM�o and PMz.s levels downwind of actively disturbed areas could possi- bly exceed State standards. AIR-1:The project contractor shall prepare a dust Construction control plan prior to commencement of construc- Contractor tion activities. Specification of the approved dust control measures shall be included in all construc- tion documents and implemented during construc- tion activities.The dust control plan shall include the following BAAQMD Basic Control Measures listed below: ♦ Water all active construction areas at least twice daily,or as often as needed to control dust emissions. Watering should be sufficient co prevent airborne dust from leaving the site. Increased watering frequency inay be neces- sary whenever wind speeds exceed 15 miles per hour. Reclaimed water should be used when- ever possible. ♦ Cover all trucks hauling soil,sand,and other loose materials or require all trucks to main- tain at least two feet of freeboard(i.e.the min- imum required space between the top of the load and the top of the trailer). ♦ Apply water twice daily or as often as neces- sary,to control dust,or apply(non-toxic)soil stabilizers on all unpaved access roads,parking areas,and staging areas at construction sites. ♦ Sweep daily(with water sweepers using re- claimed water if possible),or as often as need- ed,all paved access roads,parking areas,and staging areas at the construction site to control dust. ♦ Sweeo nublic streets dailv(with water sweeo- During City of construction Cupertino Public Works Department Review construction specifications materials and retain for administrative record/ Conduct site inspections during remediation and construction activities During Initials: regularly Date: scheduled site inspecuons C I T Y O F C U P E R T I N O M A R Y A V E N U E D O G P A R K I N I T I A L S T U D Y M I T I G A T I O N M O N I T O R I N G A N D R E P O R T I N G P R O G R A M TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED) Party Responsible Implementation Agency for Trigger/ RcsponsiUle Monitoring Monitoring Verified Impact Miti�ation Measures Implementation Timing for Monitoring Action Frequency Implementation ers using reclaimed water if possible)in the vi- cinity of the project site,or as often as needed, to keep streets free of visible soil material. ♦ Hydroseed or apply non-toxic soil stabilizers Biological Resourccs BIO-1: Remediation activi- ties could result in a reduc- tion of intake capacity for several trees. Reductions in intake capacity could re- quire specific trees to be removed. to inactive construction areas. ♦ Enclose,cover,water twice daily,or apply non-toxic soil binders to exposed stockpiles (dirt,sand,etc.). ♦ Limit vehicle traffic speeds on unpaved roads to 15 mph. ♦ Replant vegetation in disturbed areas as quick- ly as possible. ♦ Install sandbags or other erosion control measures to prevent silt runoff from public BIO-1: The City of Cupertino shall comply with the Tree Protection Plan included within the Ar- borist's Report. BIO-2: Trees on adjacent BIO-2: Trees removed from private property are private property may be subject to replacement requirements or an in-lieu removed as a result of re- fee if a suitable replacement site is not available,as mediation activities and indicated in Municipal Code Section 14.18.190, reductions in intake capaci- Tree Replacement. Trees could be planted on City ty. property as well. Construction Contractor City of Cupertino Public Works Department Prior to commencement of remediation and construction activities During remediation activities,trees would be identified for removal based on site conditions and City of Cupertino Community Development Department— Planning Division/City of Cupertino Public Works City of Cupertino Community Development Department— Planning Division As During Initials: recommended regularly Date: within the scheduled site Arborist's inspections Report As recommended within the Arborist's Report Once Initials: Date: C 1 T Y O F C U P E R T I N O M A R Y A V E N U E D O G P A R K I N I T I A L S T U D Y M I T I G A T I O N M O N I T O R I N G A N D R E P O R ( I N G P R O G R A M TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED Party Responsible Implementation Agency for Trigger/ Responsible Monitoring Monitoring VeriFed Impact Miti�ation Measures Implementation Timing for Monitoriug Action Frequency Implementation recommendations in the Arborist's BIO-3:Trees within the project site and on adjacent private property may be removed resulting from remediation activities and reductions in intake capaci- ty. BIO-3: In order to remove any trees within the project site,the City of Cupertino shall comply with Municipal Code Chapter 14.12,Trees. Cupertino Public During Works remediation Department activities,trees would be identified for removal based on site conditions and recommendations within the City of As required by Cupertino City of Community Cupertino Development Department— Planning Division Once Initials: Date: Arborist's Report. BIO-4:A coast live oak, BIO-4: The proposed water line shall be relocated Certified Prior to City of As Once Initials: identified as a Protected within the project site in order to avoid the root Arborist commencement of Cupertino recommended Date: Tree by the City's Munici- zone of the coast live oak. The location of the root construction Public Works within the pal Code would be adverse- zone shall be determined by a certified arborist. activities Department Arborist's ly impacted by the installa- The trench for the water line shall then be re- Report tion of the proposed water routed away from the root zone as deemed safe by line within the project site. the certified arborist. Cultural Rcsoucccs CUL-1: Should remediation CUL-1: If archaeological remains are uncovered, Construction During City of Review contract Once Initials: activities and construction work at the place of discovery should be halted Contractor construction Cupertino documents and Date: of the project encounter immediately until a qualified archaeologist can Public Works retain for prehistoric archaeological evaluate the finds and determine the significance of Department administrative deposit,a substantial ad- the resource. Construction activities should not record verse change in their signifi- commence until the expert has issued an opinion cance(e.g.their disturbance about the resource and appropriate mitigation has or destruction)would con- been determined. stitute a significant impact under CEQA. CUL-2:Should remediation CUL-2: If paleontological remains are uncovered, Construction During City of Review contract Once Initials: C 1 T Y O F C U P E R T I N O M A R Y A V E N U E D O G P A R K 1 N 1 T I A L S T U D Y M I T I G A T I O N M O N I T O R I N G A N D R E P O R T I N G P R O G R A M TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM(CONTINUED Party Responsible Implementation Agency for Trigger/ Responsible Monitoting Monitoring Verified Impact Mitigatim� Mcasures Implemeutation Timing fo�Monitoring Action Frequency Implementation activities and construction work at the place of discovery should be halted Contractor construction Cupertino documents and Date: of the project encounter immediately until a qualified archaeologist can Public Works retain for paleontological remains,a evaluate the finds and determine the significance of Department administrative substantial adverse change the resource. Construction activities should not record in their significance(e.g. recommence until the expert has issued an opinion their disturbance or de- about the resource and appropriate mitigation has struction)would constitute been determined. a significant impact under CEOA. T � � 1 y � fD O N ti O � � N O � W • • or a � � ona . n orma ion . ee � e _ _