Action letter, CC resolutions OFFICE OF THE CITY CLERK
' '� CITY HA�L
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3223• FAX: (408)777-3366
CUPERTIN4
October 17, 2013
Re: Subject: Development of an office, research and development campus with associated
ancillary uses
Descri�tion: Application No(s): ASA-2011-14, DA-2011-01, DP-2011-04, GPA-2011-03, TM-
2011-03, TR-2011-39,U-2011-11, Z-2011-03 (EA-2011-12)
A�licant(s): Apple Inc(Dan Whisenhunt)
Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280, North
Wolfe Road including properties located on the east side of North Tantau Avenue;
APN no.s: 316-06-033, 316-06-038, 316-06-039, 316-06-045, 316-06-046, 316-06-048, 316-06-
049, 316-06-050, 316-06-051, 316-06-052, 316-06-053, 316-07-044, 316-07-045, 316-07-046, 316-
09-019, 316-09-027, 316-09-028, 316-18-012, 316-18-025, 316-18-026,316-18-027, 316-18-035
At its October 15, 2013 adjoumed regular meeting, the Cupertino City Council took the
following action:
A. Adopted Resolution No. 13-082 approving the Certification of an Environmental Impact
Report (EIR), and adoption of Findings and a Statement of Overriding Considerations,
Mitigation Measures (including adoption of Mirigation Measure TRANS-23 (Altemate)),
and a Mitigation Monitoring and Reporting Program, EA-2011-12;
B. Adopted Resolution No. 13-083 approving a General Plan Amendment, GPA-2011-03;
C. Adopted Resolution No. 13-085 approving a Vesting Tentative Map, TM-2011-03;
D. Adopted Resolution No. 13-084 approving:
1. Development Permit to allow the demolition of approximately 2.66 million square feet
of existing office, research and development buildings and the construction of 3.42
million square feet of office, research, and development buildings; 120,000 s.f. (1,000
seat) corporate auditorium, 100,000 s.f. corporate fitness center, and 25,000 s.f. Valet
Parking Reception uses; 92,000 square feet of utility plants; and associated parking
facilities and ancillary buildings (such as security reception areas and landscape
maintenance buildings) (DP-2011-04); and
2. Use Permit to allow a corporate auditorium and fitness center at a new office, research
and development campus (U-2011-11); and
October 17,2013 Apple Campus 2 Page 2
3. Architectural and Site Approval to allow a new 2.82 million square feet office, research
and development building with 2,385 basement parking spaces and a cafeteria, a 5,870
parking space structured parking facility with attached Central Plant, a 1,000 seat
corporate auditorium, a fitness center, and associated site improvements including
access tunnels, a surface parking lot, outdoor dining and recreational facilities and
landscaping; (ASA-2011-14); and
4. Tree Removal Permit to allow the removal of approximately 3,710 trees, of which,
approximately 90 trees are proposed to be transplanted, and replacement with at least
6,200 trees to allow the construction of an office, research and development campus (TR-
2011-39);
T'he City Council also took the following legislative actions at the October 15, 2013 adjourned
regular meeting; however, these items are not subject to reconsideration under the Cupertino
Municipal Code:
1. Canceled the Development Agreement with Hewlett Packard, applicable to a portion of
the property; and
2. Conducted the first reading of Ordinance No. 13-2114: "An Ordinance of the City
Council of the City of Cupertino repealing Ordinance No. 1702 and Approving a New
Development Agreement By and Between the City of Cupertino and Apple Inc. for the
Development of a New Corporate Campus",DA-2011-01; and
3. Conducted the first reading of Ordinance No. 13-2113: "An Ordinance of the Cupertino
City Council approving the rezoning of an approximately 1.1 Acre Area from Park and
Recreation (PR)to Planned Industrial Park (P(NII')) located at APN 316 06050 and 316 06
051", Z-2011-03
Enclosed are the resolutions that Council adopted at the meeting.
Any interested person, incluc�ing the npplicnnt, prior to seeking judicial reviezv of nn�
nc�juclicntori� decision of the City Council, must first file a petition for reconsideration zuith the
cit� clerk zvithin ten days c�fter the dnte of mc�iling of this notice. Any petition filed micst
compl� zuith Municipal Code �2.08.096. The last c�ay to file n petition for reconsideration is
October 28,2013.
Sincerely,
. �
C`�����= �
Grace Schmidt
City Clerk
October 17,2013 Apple Campus 2 Page 3
cc: Apple Inc.
1 Infinite Loop, MS 18-REF
Cupertino, CA 95014
Attn.: Dan Whisenhunt
Campus Holdings, Inc.
C/O Apple Inc.
1 Infinite Loop, MS 169-2-LAW
Cupertino, CA 95014
Attn.: James C. Fowler
Public Works
Community Development
Carol Korade, City Attorney
Gary Baum, Special Counsel
Ellen Garber, Special Counsel
Jerry Ramiza, Special Counsel
RESOLUTION NO. 13-082
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING CERTIFICATION OF AN ENVIRONMENTAL INIl'ACT REPORT FOR THE
APPLE CAMPUS 2 PROJECT;AND ADOPTION OF FINDINGS AND A STATEMENT OF
OVERRIDING CONSIDERATIONS, MITIGATTON MEASURES,AND A MITIGATION
MONITORING AND REPORTING PROGRAM
SECTION I: PROTECT DESCRIPTION
Application No: EA-2011-12
Applicant: Apple Inc. (Dan Whisenhunt)
Property Owner: Apple Inc.
Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280, North
Wolfe Road and includes properties located on the east side of North Tantau
Avenue
APN(s): 316-07-044, 316-07-045, 316-07-046, 316-06-045, 316-06-046, 316-06-053, 316-06-
052, 316-06-048, 316-06-033, 316-06-051, 316-06-050, 316-06-049, 316-09-028,
316-09-019, 316-09-027, 316-18-035, 316-18-012, 316-18-025, 316-18-027, 316-18-
026, 316-06-039,316-06-038
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, Apple Inc. ("Apple") submitted an application to the City of Cupertino on August
9, 2011 for General Plan Amendments, Zoning Amendments, a Development Agreement, a
Vesting Tentative Map, a Conditional Use Permit, a Planned Development Permit, a Tree
Removal Permit, an Architectural Site Approval, and environmental review for the Apple
Campus 2 Project ("Project"), which will also involve Pruneridge Avenue Vacation and
associated agreements, a Land Transfer Agreement, Utility Relocation and Easement
Agreements, and a Streamside Modification Permit; and
WHEREAS, the Project consists of demolition of all existing structures within the project site
and the construction of 3,420,00 square feet of office, research, and development uses; 245,000
square feet of auditorium, fitness center, and Valet Parking Reception uses;92,000 square feet of
utility plants; and parking and ancillary buildings (such as security reception areas and
� landscape maintenance buildings), of which the proposed buildings are designed to be energy
efficient and to use renewable energy (including energy produce on site via photovoltaic
infrastructure and fuel cells), all as described in Chapter 3 of the June 2013 Apple Campus 2
Project Environmental Impact Report ("Draft EIR") (State Clearinghouse No. 2011082055), as
amended by text revisions in Chapter IV of the September 2013 Apple Campus 2 Project EIR
Response to Comments Document("Response to Comments Document"); and
WHEREAS, on August 19, 2011, the City issued a Notice of Preparation ("NOP") of the Draft
EIR; and
Resolution No. 13-082 EA-2011-12 October 15,2013
Page-2
WHEREAS, the NOP was circulated for comment by responsible and trustee agencies and the
public for a total of 47 days, from August 19, 2011 through October 5, 2011, during which time
the City held a public scoping meeting on September 8, 2011; and
WHEREAS, on Apri118, 2012, Apple applied to the Governor for certification of the Project as a
Leadership Project subject to streamlined environmental review pursuant to the Jobs and
Economic Improvement through Environmental Leadership Act of 2011 ("AB 900"), California
Public Resources Code Section 21178 et seq.; and
WHEREAS, on April 12, 2012, Apple entered into an agreement with the City that, as required
by Public Resources Code Section 21183, all mitigation measures for the Project shall be
conditions of approval and those conditions will be fully enforceable; and
WHEREAS, the California Air Resources Board certified on June 14, 2012 that the Project would
not result in any net additional greenhouse gas emissions relative to baseline conditions, and in
June 2012, the Governor certified the Project as an eligible Project under AB 900 and on July 23,
2012, the Joint Legislative Committee concurred with the Governor's certification;and
WHEREAS, Apple supplemented its application for streamlined environmental review under
AB 900 in April 2013, and on May 24, 2013, the Governor's Office of Planning and Research
found the supplemental application consistent with Apple's original application; and
WHEREAS, on June 6, 2013, the Draft EIR for the Project was distributed to the public for
review and comment for a 46-day period that ended July 22, 2013; and
WHEREAS, following the close of the public review and comment period, the Responses to
Comments Document was prepared, which responds to the written comments on the Draft EIIZ
that were received during the public review period; and
WHEREAS,the Responses to Comments Document was issued on September 23, 2013; and
WHEREAS, the City received comments following the close of the public review and comment
period on the Draft EIR and, although pursuant to Public Resources Code Section 21091(d)(1)
and CEQA Guidelines Section 15088(a) written responses are not required, responses have been
provided with staff reports; and
WHEREAS, the Final Environmental Impact Report ("Final EIR"), consisting of the Draft EIR,
the Response to Comments Document, and all documents incorporated therein, was presented
to the Planning Commission on October 1, 2013 at a Joint Planning Commission and City
Council Study Session; and
WHEREAS, prior to making any recommendations regarding the Project, the Planning
Commission held a duly noticed public hearing to receive public testimony and reviewed and
considered the information contained in the Final EIR, along with all staff reports pertainixlg to
the Project, all other pertinent documents, and all written and oral statements received by the
Planning Commission prior to or at the public hearing on the Project and the Final EIR; and
WHEREAS, on October 2, 2013, the Planning Commission held a public hearing and voted 40-1
(1-recusal) to recommend that the City Council approve Findings Revision #1 (October 1, 2013)
to adopt Mitigation Measure TRANS-23 (Alternate), as amended to delete the penalty
Resolution No.13-082 EA-2011-12 October 15,2013
Page-3
provisions, to allow three left turn lanes out of the project driveway on to N. Wolfe Road, a
Resolution Recommending Certification of an Environmental Impact Report (EIR), adoption of
Findings and a Statement of Overriding Considerations, adoption of Mitigation Measures, and
adoption of a Mitigation Monitoring and Reporting Program in substantially similar form to the
Resolution, as amended (Resolution no. 6727); Approve the General Plan Amendment, GPA-
2011-03, in substantially similar form to the Resolution presented (Resolution no. 6728);
Approve the Zoning Map Amendment, Z-2011-03, in substantially similar form to the
Resolution presented (Resolution no. 6729);Approve the Vesting Tentative Map, TM-2011-03, in
substantially similar form to the Resolution presented (Resolution no. 6732) ; Approve the
Development Permit, DP-2011-04, Use Permit, U-2011-11, Architectural and Site Approval,
ASA-2011-14 and Tree Removal Permit, TR-2011-39, in substantially similar form to the
Resolution presented (Resolution no. 6731); and Approve the Development Agreement, DA-
2011-01, in substantially similar form to the Resolution presented (Resolution no. 6730); and
WHEREAS, Supplemental Text Revisions, Apple Campus 2 Project Final Environmental Impact
Report, which is part of the Final EIR, identifies a third alternative mitigation measure for
Impact TRANS-23, a third alternative mitigation measure for Impact TRANS-27, and discloses
recent amendments to Chapter 6.5 of Division 13 of the Public Resources Code; and
WHEREAS, on October 15, 2013, the City Council held a duly noticed public hearing on the EIR;
as well as the following concurrent Project applications: amendments to the General Plan to
allow a change in the land use designation of a 1.1 acre area from Parks and Open Space to
Industrial/Residential, a change to figure 2-G to reflect the relocation of Glendenning Barn,
changes to various figures to reflect the vacation of Pruneridge Avenue, amendments to the text
in Policy 2-35, a change to the setback ratio for N. Tantau Avenue, and other minor related
amendments to figures and tables, an amendment to the Zoning Map to change the zoning
designation of a 1.1 acre area from Park and Recreation (PR) to Planned Industrial Park P(MP),
Vesting Tentative Map, Development Permit, Use Permit, Architectural and Site Approval for
Phase 1 of the Project, Tree Removal Permit, and street and easement vacations and a
Development Agreement.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consid�ra�ion of maps, facts, exhibits, testimony, staff reports, public
comments, and other evidence submitted in this matter, the City Council does:
1. Certify that the Final EIR for the Project has been completed in compliance with the
California Environmental Quality Act, Public Resources Code Section 21000 et seq., and
reflects the independent judgment and analysis of the City.
2. Adopt the Findings and Statement of Overriding Considerations for the Project, attached
hereto as "E�ibit EA-1," and incorporated herein by reference.
3. Adopt and make conditions of approval of the Project all of the mitigation measures for the
Project that are within the responsibility and jurisdiction of the City that are identified in the
Findings.
Resolution No. 13-082 EA-2011-12 October 15,2013
Page-4
4. Adopt the Mitigation Monitoring and Reporting Program for the Project, attached hereto as
"Exhibit EA-2," and incorporated herein by reference.
PASSED AND ADOPTED at an Adjourned Regular Meeting of the City Council of the City of
Cupertino the 15th day of October 2013,by the following roll call vote:
Vote: Members of the City Council:
AYES: Mahoney, Wong, Chang and Santoro
NOES: None
ABSTAIN: None
ABSENT: None
RECUSE: Sinks
ATTEST: APPROVED:
� �L��C�-� �
Grace Schmidt ��-1�-I 3 Orrin Mahoney
City Clerk Mayor, City of Cupertino
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS ATRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE
ATTEST �b I 2 � ,20 �3
CITY CLERK OF THE CITY OF CUPERTINO
BY ��� ��.
CITY CLE K
EXHIBIT EA-1
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE
APPLE CAMPUS 2 PROJECT
I. INTRODUCTION
The City of Cupertino(City), as lead agency under the California Environmental Quality
Act(CEQA),Public Resources Code Section 21000 et seq.,has prepared the Final
Environmental Impact Report for the Apple Campus 2 Project(State Clearinghouse No.
2011082055) (Final EIR).The Final EIR is a project-level EIR pursuant to Section 15161 of the
Guidelines for implementation of the California Environmental Quality Act(State CEQA
Guidelines).' The Final EIR consists of the June 2013 Public Review Draft Apple Campus 2
Project Environmental Impact Report(Draft EIR), the September 2013 Response to
Comments Document, and the October 2013 Supplemental Text Revisions, Apple Campus 2
Project Final Environmental Impact Report.
In determining to approve the Apple Campus 2 Project(Project), which is described in more
detail in Section II,below, the City makes and adopts the following findings of fact and
statement of overriding considerations, and adopts and makes conditions of project
approval the mitigation measures identified in the Final EIR, all based on substantial
evidence in the whole record of this proceeding(administrative record).Pursuant to Section
15090(a) of the State CEQA Guidelines, the Final EIR was presented to the City, and the City
reviewed and considered the information contained in the Final EIR prior to making the
findings in Sections II through XIV,below. T'he conclusions presented in these findings are
based on the Final EIR and other evidence in the administrative record.
II. PROJECT DESCRIPTION
As fully described in Section III of the Draft EIR, the Project involves the consolidation of
several parcels, demolition of existing buildings, and redevelopment of the project site into a
new research and development campus for Apple Inc. (Apple or project sponsor). The site
currently is developed with corporate campus buildings, some of which are being used by
Apple and some of which were formerly used by Hewlett Packard. The campus would be
secure and self-contained and would include office, research and development space,
parking, employee amenities, a Corporate Auditorium, and a Central Plant. In addition, the
Project involves vacating and closing a segment of the Pruneridge Avenue public right-of-
way, including certain access and public service easements, to allow for the development of
a secure and unified campus. As part of the Project,Apple would alter local roadways in the
vicinity of the site in order to accommodate increased traffic generated by the Project. The
I The State CEQA Guidelines are found at California Code of Regulations,Title 14,Section 15000 et seq.
1
Project would result in the demolition of all existing structures within the project site
(consisting of approximately 2,657,000 square feet of building space) and construction of
3,420,000 square feet of office,research, and development uses;245,000 square feet of
auditorium,fitness center, and parking reception uses;92,000 square feet of utility plants;
and parking and ancillary buildings (such as security reception areas and landscape
maintenance buildings).T'he buildings would be designed to be energy efficient and to use
renewable energy,much of which would be produced on-site.
Apple applied to the Governor for certification of the Project as a Leadership Project
pursuant to the Jobs and Economic Improvement through Environmental Leadership Act of
2011 (AB 900), California Public Resources Code Section 21178 et seq. Among other things,
AB 900 requires that the Project"creates high-wage,highly skilled jobs that pay prevailing
wages and living wages" and that the Project"does not result in any net additional
emissions of greenhouse gases." As required by Public Resources Code section 21183(d),
Apple has entered into a binding and enforceable agreement with the City that all
mitigation measures for the Project shall be conditions of approval and those conditions will
be fully enforceable.
The California Air Resources Board certified on June 14, 2012 that the Project would not
result in any net additional greenhouse gas emissions compared to baseline conditions. In
June 2012, the Governor certified the Leadership Project as an eligible Project under AB 900.
The Joint Legislative Budget Committee concurred with the Governor's certification on July
23,2012.Apple supplemented its application under AB 900 in April 2013, and on May 24,
2013, the Governor's Office of Planning and Research found the supplemental application to
be consistent with Apple's original application. As set forth in Section III of the Draft EIR,
the main objective of the Project is to redevelop the project site with a new,unified, and
secure Apple campus. Section III lists the City's objectives and the project sponsor's
objectives for development of the project site. The City's project objectives are as follows:
. Encourage the retention of Apple's corporate headquarters in Cupertino within a world
class corporate campus.
• Allow for the expansion of Apple's operations while enhancing the physical
environment of the project area and being sensitive to community needs.
• Allow for the location and design of Phase 2 of the Project in a way that is sensitive to
surrounding neighborhoods.
• Preserve the City's existing and planned park space.
• Preserve and enhance the historic integrity of Glendenning Barn and provide for its
adaptive reuse and relocation.
• Protect the riparian zone around Calabazas Creek.
• Enhance environmental features within the project area, including stormwater quality
within the City storm drain system and receiving water bodies.
I-2
• Maintain consistency with Cupertino's 2000-2020 General Plan and further General Plan
goals and strategies for economic development,neighborhood connectivity, and urban
conservation.
• Provide connections and enhance walkability/bikeability between the project site and
surrounding areas,while promoting the mobility of Apple employees and the public
throughout the Vallco Industrial Park and the greater region.
• Improve traffic circulation, traffic volumes and level of service (LOS) through a
combination of consolidation of office locations and additional TDM measures.
• Increase the use of landscaping compared to paved parking and thereby enhance the
urban environment, reduce impervious surfaces, and reduce storm water runoff.
• Retain and improve bike and pedestrian connectivity between the project site and
surrounding areas.
• Avoid additional fiscal impacts to the City from the Project by cost reimbursement and
the collection of fees covering the City's actual costs.
• Encourage public art placed in locations visible to the public.
• Increase City revenues from the Project in order to enhance the City's general fund.
The project sponsor's project objectives are as follows:
Primary Objectives:
• Create an innovative and beautiful campus near Apple's Infinite Loop facility that
consolidates many of Apple's engineers and support personnel in a single distinctive
office, research and development building, and supporting facilities. The purpose of
consolidation is to promote shared creativity and collaboration and spur invention of the
next several generations of Apple products.
• Achieve the security and privacy required for the invention of new products by
eliminating any public access through the site, and protecting the perimeters against
unauthorized persons.
Secondary Objectives:
• Maximize green space, and design this space in accordance with the climate and history
of the area.
• Provide on-site amenities for Apple's employees in order to promote employees' health
and well-being and reduce off-campus travel.
• Provide an on-site venue for the introduction of Apple's new products that will generate
surprise and delight, and enable the products to be introduced at Apple's corporate
home.
I-3
• Create a physically unified campus community that improves internal circulation and
eliminates unnecessary access points by consolidating the existing properties within one
campus.
• Create a campus plan that incorporates flexibility to respond to Apple's future business
needs.
• Achieve a net zero energy development by constructing energy-efficient buildings and
generating a significant amount of the campus' energy from on-site renewable sources,
and developing partnerships with renewable energy providers for grid-purchased
renewable energy.
• Minunize use of potable water through the use of drought-tolerant landscaping,water-
efficient fixtures, and recycled water, if available as a result of projects now under
consideration, and improve runoff quality by increasing permeable surfaces.
. Enable a commuting culture where thoughtful site planning and regional connectivity
coupled with a robust TDM Program prioritize transit and active commute modes.
. Improve traffic circulation while avoiding measures that would unduly restrict
employment growth within the project site.
• Exceed economic, social, and environmental sustainability goals through integrated
design and development.
• Enhance the City's tax base.
• Create a campus that reflects Apple's business and design practices, and allows for a
long-term presence in Cupertino.
III. ENVIRONMENTAL REVIEW PROCESS
On August 19, 2011, the City issued a Notice of Preparation (NOP) of the Draft EIR.The
NOP was circulated for comment by responsible and trustee agencies and the public for a
total of 47 days,from August 19, 2011 through October 5,2011, during which time the City
held a public scoping meeting on September 8, 2011. Public notices for the scoping session
were mailed to approximately 20,000 households in Cupertino, advertisements were placed
in local newspapers, and the City posted the NOP and hearing notice on the City's website.
Notices were also sent to households in Santa Clara and Sunnyvale within 500 feet of the
project site. Comments on the NOP were received by the City and considered during
preparation of the Draft EIR.
The Draft EIR was made available for public review on June 6, 2013, and distributed to local,
regional, and State responsible and trustee agencies, and to federal agencies. Paper and CD
copies of the Draft EIR were available at the City of Cupertino Community Development
Department, and an electronic version of the Draft EIR and all appendices were posted on
the City's website, which included an electronic comment portal to receive public comment
24 hours a day, seven days a week.Under AB 900, the City was also required to post the
I-4
Draft EIR and all administrative record documents on the City's website. Public Resources
Code��21186(b)-(�. The City continues to make these documents available on its website
for the Project at the following URL:http://www.cupertino.org/index.aspx?page=1107.
Notice of availability of the Draft EIR was made in several ways. The City sent a postcard
announcing the availability of the Draft EIR to all mailing addresses within Cupertino and
to mailing addresses within 1,000 feet of the project site. In addition, in accordance with
CEQA, the City mailed the Notice of Availability(NOA) to all properties adjacent to the
project site, and on-site notices were also posted on each parcel constituting the project site
and at City Hall. The NOA was also posted on the City's main website and the project
website.The City sent emails providing notice of the Draft EIR's availability to all persons
who had indicated an interest in the Project.A press release was sent out at the same time.
The City also passed out over one hundred of free USB drives that contained the Draft EIR
and all technical appendices.
In addition to the City of Cupertino's public review,notification and comment process, and
as referenced in City staff reports, the City is informed that Apple has engaged in a
community outreach process for Apple Campus 2 over the past two years.As part of these
efforts, the City understands that Apple held more than 150 outreach meetings and
presentations with over 2,000 stakeholders;conducted personal outreach with its immediate
neighbors, local residents,neighborhood leaders, surrounding property owners, community
organizations,businesses, govemment agencies, and other stakeholders in Cupertino and
throughout the region; delivered regular email updates to more than 2,000 interested
residents;visited over 350 Cupertino retailers and nearby businesses to share information
about the new campus; and responded to more than 1,000 questions and requests for
information about the new campus. The 46-day comment period on the Draft EIR ended on
July 22, 2013.Agencies, organizations, and members of the public submitted written
comments on the Draft EIR. The City also held a public meeting during the comment period
on June 26, 2013. At that meeting, the City solicited comments real time via web login,
written response card,mail, email, text or recorded interview. The City has also distributed
hundreds of Quick Response coded cards to the community to efficiently coinment on the
Project. Section 3 of the Responses to Comments Document provides responses to the
comments received during the comment period on the Draft EIR.
The Responses to Comments Document was issued for public review on September 23,
2013. On October 2, 2013, the City Planning Commission, at a duly noticed public hearing,
recommended that the City Council certify the Final EIR.
The findings,recommendations, and statement of overriding considerations set forth below
(the "Findings") are made and adopted by the Cupertino City Council as the City's findings
under CEQA and the CEQA Guidelines relating to the Project.The Findings provide the
written analysis and conclusions of this City Council regarding the Project's environmental
impacts, mitigation measures, alternatives to the Project, and the overriding considerations
I-5
that support approval of the Project despite any remaining environmental effects it may
have.
IV. FINDINGS
These findings summarize the environmental determinations of the Final EIR about project
impacts before and after mitigation, and do not attempt to repeat the full analysis of each
environmental impact contained in the Final EIR. Instead, these findings provide a
summary description of and basis for each impact conclusion identified in the Final EIR,
describe the applicable mitigation measures identified in the Final EIR, and state the City's
findings and rationale about the significance of each impact following the adoption of
mitigation measures. A full explanation of these environmental findings and conclusions
can be found in the Final EIR, and these findings hereby incorporate by reference the
discussion and analysis in the Final EIR supporting the Final EIR's determinations
regarding mitigation measures and the Project's impacts.
In adopting mitigation measures below,the City intends to adopt each of the mitigation
measures identified in the Final EIR. Accordingly, in the event a mitigation measure
identified in the Final EIR has been inadvertently omitted from these findings, such
mitigation measure is hereby adopted and made a condition of project approval in the
findings below by reference. In addition, in the event the language of a mitigation measure
set forth below fails to accurately reflect the mitigation measure in the Final EIR due to a
clerical error,the language of the mitigation measure as set forth in the Final EIR shall
control unless the language of the mitigation measure has been specifically and expressly
modified by these findings.
Sections V through VIII,below, provide brief descriptions of the impacts that the Final EIR
identifies as either significant and unavoidable or less than significant with adopted
mitigation. These descriptions also reproduce the full text of the mitigation measures
identified in the Final EIR for each significant impact.
V. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS AND
DISPOSITION OF RELATED MITIGATION MEASURES RESULTING IN
SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS
The Final EIR identifies the following significant and unavoidable adverse impacts
associated with the approval of the Project, some of which can be reduced, although not to a
less-than-significant level, through implementation of mitigation measures identified in the
Final EIR. Pub. Resources Code�21081(a)(1). In addition, the City cannot require adoption
or implementation of mitigation measures for some impacts,because they are within the
responsibility and jurisdiction of other public agencies. Pub. Resources Code §21081(a)(2).
Therefore, as explained below, some impacts will remain significant and unavoidable
notwithstanding adoption of feasible mitigation measures. To the extent that these
mitigation measures will not mitigate or avoid all significant effects on the environment,
I-6
and because the City cannot require mitigation measures that are within the responsibility
and jurisdiction of other public agencies to be adopted or implemented by those agencies,it
is hereby determined that any remaining significant and unavoidable adverse impacts are
acceptable for the reasons specified in Section XIV,below.Pub. Resources Code
§21081(a)(3). As explained in Section X,below, the findings in this Section V are based on
the Final EIR, the discussion and analysis in which is hereby incorporated in full by this
reference.
A. Impact PLAN-2: The proposed project would not fully implement
some policies in the Land Use/Community Design Element of the
General Plan related to the provision of bike and pedestrian access
due to the vacation of Pruneridge Avenue, resulting in an
environmental impact.
The Final EIR finds that the Project will cause the loss of bicycle and pedestrian access on
Pruneridge Avenue due the vacation of the street, resulting in the loss of connectivity across
the project site.
Implementation of Mitigation Measure PLAN-2, set forth below, which is hereby adopted
and made a condition of project approval, would reduce these impacts,but not to a less-
than-significant level. This mitigation measure would provide for specific ways to minimize
the potential for impacts on bicycle and pedestrian networks. Even though alternative
routes are available, the project will result in the loss of a bicycle and pedestrian connector
that is not being replaced and some impacts would still occur. Therefore, this impact would
remain significant and unavoidable.
Mitigation Measure PLAN-2:
The project sponsor shall implement the following measures to the satisfaction of the City:
• Fund, construct, and, where necessary,provide dedications of real property(including
costs for planning, design, construction and maintenance), all bike, pedestrian,
landscaping, and sidewalk improvements in the public right-of-way along all properties
bounded by East Homestead Road, North Tantau Avenue, Vallco Parkway, and North
Wolfe Road. In locations where the improvements are adjacent to property with past
project approvals, the design details shall be consistent with all other improvements
approved by the City.
• A coordinated wayfinding scheme shall be introduced along the entire alternate east-
west loop (North Wolfe Road, East Homestead Road, Vallco Parkway, and North
Tantau Avenue). Wayfinding signage shall be designed to orient visitors and residents,
pointing them to area attractions, retail areas,pedestrian and bicycle access routes, and
other important destinations. Signs shall also be designed to direct those on foot or on
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bike to the safest bicycle and pedestrian routes, as well as other bicycle and pedestrian
amenities.
. Enhanced bike lanes, pedestrian paths, fencing, guard rails(if feasible), and pedestrian-
scaled lighting shall be installed along the North Wolfe Road bridge over I-280.
• Other bicycle and pedestrian amenities, such as high visibility crosswalks, "yield to
pedestrians" signage, leading pedestrian intervals at signalized intersections, and other
publically accessible amenities (e.g.,bicycle racks,benches, attractive pedestrian-
oriented lighting, and landscaping) along the project site perimeter shall be installed.
These amenities shall be designed to improve the safety and attractiveness of alternative
modes of travel within the vicinity of the project site.
• Implement Mitigation Measure TIZANS-23 (Alternate) and Mitigation Measures TRANS-
28 (to improve pedestrian safety at the North Wolfe Road/Project Access intersection);
TRANS-29 (to enhance the pedestrian environment at the I-280 ramps with Wolfe Road);
and PLAN-3(to construct an alternate Calabazas Creek pedestrian/bike trail).
• Update American with Disabilities Act(ADA) ramps at the following locations: Vallco
Mall overpass on North Wolfe Road;northbound North Wolfe Road at I-280 south on-
ramp, wifih updated crosswalk striping;northbound North Wolfe Road at I-280 north
on-ramp, with updated crosswalk striping;west side of North Wolfe Road at Pruneridge
Avenue; and southbound North Wolfe Road at I-280 south off-ramp, with updated
crosswalk striping.
B. Impact PLAN-3: The proposed project would not fully implement
policies in the Land Use/Community Design Element of the General
Plan related to the provision of a proposed trail segment along
Calabazas Creek, and this conflict would result in an environmental
impact.
The Final EIR finds that the Project will cause Land Use/Community Design policies of the
General Plan to not be fully implemented,because access to the interior of the site will be
restricted;therefore, a proposed trail segment along Calabazas Creek cannot be constructed.
The Final EIR recognizes that the General Plan allows flexibility in the implementation of
trails and that the City must evaluate safety, privacy, and security impacts and mitigations
associated with trail development, and work with affected neighborhoods in locating trails.
Nevertheless, the Final EIR identifies the loss of a planned segment of the Calabazas Creek
trail as a significant and unavoidable impact.
Implementation of Mitigation Measure PLAN-3, set forth below, which is hereby adopted
and made a condition of project approval, would reduce these impacts,but not to a less-
than-significant level. This mitigation measure would provide for specific ways to provide
alternative pedestrian and bicycle amenities,but some ixnpacts could still occur. Therefore,
this impact would remain significant and unavoidable.
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Mitigation Measure PLAN-3:
The project sponsor shall implement the following measures to the satisfaction of the City,
as illustrated in Figure IV-3 of the Draft EIR:
a. Fund and construct to the satisfaction of the City a pedestrian/bike altemate creek
trail extending from the intersection of North Tantau Avenue and Calabazas Creek,
south to Vallco Parkway, on both sides of North Tantau Avenue, and then west
along the north side of Vallco Parkway to the intersection of Calabazas Creek. This
funding shall account for planning, design, collaboration with other agencies, and
construction and maintenance of the alternate trail route. The trail shall include a
combination of the following features that reference Calabazas Creek:
• Signage along the route including both wayfinding/maps and information on
creek habitat and ecology;
• Appropriate plantings that mimic creek-side habitats and provide a linear
reference point between the creek-side portions of the trail and the trail detour
(wherever possible);
• Special pedestrian scaled lighting;
• Rest areas or picnic tables at trail intersections along North Tantau Avenue and
Vallco Parkway, as feasible, to highlight the route's recreational nature while also
not diminishing its role as a transportation route;
• Additional recreational amenities such as water fountains and trash receptacles;
• Appropriate pavement treatments that reference the creek and/or water; and
• Decorative fencing and/or guard rails on North Tantau Avenue along the bridge
over Calabazas Creek and the bridge over I-280 and where the creek meets
Vallco Parkway,that reference the creek and strengthen the linear connection
between the creek and the trail detour.
b. Partially fund, in the sum of$250,000, a study of a full Class I separated trail, where
rights-of-way are adequate, along the drainage channel that runs parallel to
southbound I-280 between North De Anza Boulevard and Calabazas Creek, and then
south along the western bank of Calabazas Creek to Vallco Parkway. The study
would only assess the feasibility of such a trail in the general area.If the City
determines such a trail is feasible and determines to carry out the project, the trail
would be subject to further environmental review and subsequent approvals. The
potential future trail would connect to the project-related bicycle lane improvements
on North Tantau Avenue and Vallco Parkway. The east-west connection would be
publicly-accessible and would be used for commuting and recreation.
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C. Impact PLAN-5: The proposed project would not fully implement
several provisions of the Circulation Element of the General Plan
related to the provision of trails and the provision of bike and
pedestrian access, and these conflicts would result in an
environmental impact.
The Final EIR finds that the Project would not fully support all of the elements in Policy 4-3
of the Circulation Element of the General Plan due to the vacation of a portion of Pruneridge
Avenue and the inability to construct a pedestrian and bicycle trail along Calabazas Creek.
Implementation of Mitigation Measure PLAN-5, set forth below, which is hereby adopted
and made a condition of project approval,would reduce these impacts,but not to a less-
than-significant level. This mitigation measure would provide for specific ways to reduce
the impact to bicycle and pedestrian circulation,but some impacts could still occur.
Therefore, this impact would remain significant and unavoidable.
Mitigation Measure PLAN-5:
Implement Mitigation Measures PLAN-2 and PLAN-3.
D. Impact PLAN-6: The proposed project would not fully implement
provisions of the Environmental Resources/Sustainability Element
of the General Plan related to the provision of trails and the
provision of bike and pedestrian access, and these conflicts would
result in an environmental impact.
The Final EIR finds that the Project would result in significant adverse environmental effects
related to the diminishment of public bicycle and pedestrian access along Calabazas Creek,
which will not fully implement provisions of the Environmental Resources/Sustainability
Element of the General Plan.
Implementation of Mitigation Measure PLAN-6, set forth below, which is hereby adopted
and made a condition of project approval,would reduce these impacts,but not to a less-
than-significant level. This mitigation measure would provide for specific ways to minimize
impacts to bicycle and pedestrian access,but some impacts could still occur. Therefore, this
impact would remain significant and unavoidable.
Mitigation Measure PLAN-6:
Implement Mitigation Measures PLAN-2 and PLAN-3.
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E. Impact LU-1: The proposed project would not be fully consistent
with applicable land use plans and policies adopted for the purpose
of avoiding or mitigating an environmental effect.
T'he Final EIR finds that the Project would not fully implement policies in the General Plan
related to the development of parks and open space, the provision of trails,the provision of
bicycle and pedestrian access, and the protection of a historic resource(if not appropriately
relocated and preserved).
Implementation of Mitigation Measure LU-1, set forth below, which is hereby adopted and
made a condition of project approval, would reduce these impacts,but not to a less-than-
significant level. This mitigation measure would provide for specific ways to minimize the
impacts related to the loss of the Parks and Open Space designation within the site and the
relocation of the Glendenning Barn, to a less-than-significant level. However, impacts
related to the closure of a portion of Pruneridge Avenue within the project site and the lack
of provision of a segment of the Calabazas Creek trail would remain. Therefore,this impact
would remain significant and unavoidable.
Mitigation Measure LU-1:
Implement Mitigation Measures PLAN-1, PLAN-2, PLAN-3, and CULT-1.
F. Impact TRANS-1: Under Existing plus Project Conditions,
completion of the proposed project would cause intersection #21
Wolfe Road/I-280 Northbound Ramps to operate at an unacceptable
level (change from LOS B to LOS E) during the AM peak hour based
on City of Cupertino LOS standards.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#21 Wolfe Road/I-280 Northbound Ramp
during the AM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-1,set forth below, would reduce these
impacts to an acceptable level. Mitigation Measure TRANS-1 is hereby adopted.As a
condition of project approval, the project sponsor shall diligently pursue Mitigation
Measure TRANS-1, including seeking approval from Caltrans, and, if approved, shall
implement Mitigation Measure TRANS-1.If successfully implemented, this mitigation
measure would provide for specific ways to minimize the potential for impacts on existing
traffic conditions. However,because the off-ramp intersection is under the jurisdiction of
Caltrans, which can and should adopt and implement Mitigation Measure TRANS-1, the
City of Cupertino cannot ensure the implementation of Mitigation Measure TRANS-1 and
the impact is considered significant and unavoidable.
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Mitigation Measure TRANS-1:
As part of the project, the project sponsor would construct an additional westbound lane at
intersection#21 Wolfe Road/I-280 Northbound Ramps to provide for dual left-turn and dual
right-turn lanes.With the additional lane, the intersection would operate at acceptable LOS
B (17.1 seconds) during the AM peak hour.
G. Impact TRANS-3: Under Existing plus Project Conditions,
completion of the proposed project would cause intersection #36
Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) to
operate at an unacceptable level (change from LOS D to LOS F)
during the PM peak hour based on CMP guideline.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#36 Stevens Creek Boulevard/Calvert
Drive/I-280 Ramps(west) during the PM peak hour due to increased congestion.
Implementation of Mitigation Measure TIZANS-3, set forth below, would reduce these
impacts to a less-than-significant level.Mitigation Measure TIZANS-3 is hereby adopted. As
a condition of project approval,the project sponsor shall diligently pursue Mitigation
Measure TRANS-3, including seeking approval from Caltrans and the City of Santa Clara,
and, if approved, shall implement Mitigation Measure TRANS-3. If implemented
successfully, this mitigation measure would provide for specific ways to minimize the
potential for impacts on existing traffic conditions. However, this intersection is a CNIl'
intersection and is located within the City of Santa Clara and is also under the jurisdiction of
Caltrans. Both the City of Santa Clara and Caltrans can and should adopt Mitigation
Measure TRANS-3.Therefore, the City cannot ensure the implementation of Mitigation
Measure TRANS-3 and the impact is considered significant and unavoidable.
Mitigation Measure TRANS-3:
At intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west), the project
sponsor shall construct an exclusive eastbound right-turn lane (for a total of three through
lanes and one right-turn lane) and provide an eastbound right-turn overlap phase. This
would improve intersection operations to acceptable LOS E+. To accommodate the added
lane the existing buffer between the roadway and sidewalk would need to be eliminated
and the sidewalk pushed closer to the existing fence on the south side of Stevens Creek
Boulevard. This mitigation measure would also require relocation of an existing streetlight,
fire hydrant, and utility pole. The project sponsor would be required to coordinate with the
City of Santa Clara and Caltrans to construct the identified physical improvement at the
Stevens Creek Boulevard/Calvert Drive/I-280 Ramp (west) intersection.
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H. Impact TRANS-5: Under Background plus Project Conditions,
completion of the proposed project would cause intersection #21
Wolfe Road/I-280 Northbound Ramps to operate at an unacceptable
level (change from LOS B to LOS E) during the AM peak hour based
on City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#21 Wolfe Road/I-280 Northbound Ramps
during the AM peak hour due to increased congestion.
Implementation of Mitigation Measure T'RANS-5, set forth below, would reduce these
impacts to a less-than-significant level. Mitigation Measure TRANS-5 is hereby adopted. As
a condition of project approval, the project sponsor shall diligently pursue Mitigation
Measure TIZANS-5, including seeking approval from Caltrans, and,if approved, shall
implement Mitigation Measure TRANS-5. If implemented successfully, this mitigation
measure would provide for specific ways to minimize the potential for impacts on existing
traffic conditions. However, the off-ramp intersection is under the jurisdiction of Caltrans,
which can and should adopt Mitigation Measure TRANS-5.Therefore, the City of Cupertino
cannot ensure the implementation of Mitigation Measure TRANS-5 and the impact is
considered significant and unavoidable.
Mitigation Measure TRANS-5:
TRANS-5: At intersection#21 Wolfe Road/I-280 Northbound Ramps, the project sponsor
shall implement Mitigation Measure TRANS-1 (provide dual left- and right-turn lanes on
the off-ramp), which would improve intersection operations to acceptable LOS B (18.0
seconds).
I. Impact TRANS-9: Under Background plus Project Conditions,
completion of the proposed project would exacerbate unacceptable
operations of intersection #36 Stevens Creek Boulevard/Calvert
Drive/I-280 Ramps (west) during the PM peak hour based on CMP
guidelines.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#36 Stevens Creek Boulevard/Calvert
Drive/I-280 Ramps (west) during the PM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-9a, set forth below, would reduce these
impacts to an acceptable level. Mitigation Measure TRANS-9a is hereby adopted. As a
condition of project approval, the project sponsor shall diligently pursue Mitigation
Measure TRANS-9a, including seeking approval from Caltrans and the City of Santa Clara,
and, if approved, shall implement Mitigation Measure TRANS-9a. If successfully
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implemented, this mitigation measure would provide for specific ways to minimize the
potential for impacts on existing traffic conditions.However,because the intersection is
under the jurisdiction of Caltrans and the City of Santa Clara, which can and should adopt
and implement Mitigation Measure TRANS-9a, the City of Cupertino cannot ensure the
implementation of Mitigation Measure TRANS-9a. The impact is therefore considered
significant and unavoidable.
In addition,implementation of Mitigation Measures TRANS-9b, set forth below,which is
hereby adopted and made a condition of project approval,would reduce these impacts,but
not to a less-than-significant level. Mitigation Measure TRANS-9b would provide for
specific ways to minimi�e the potential for impacts on existing traffic conditions,but some
impacts could still occur.Therefore, this impact would remain significant and unavoidable.
Mitigation Measure TRANS-9a:
At intersection#36 Stevens Creek Boulevard/Calvert Drive/I-280 Ramps(west), the project
sponsor shall implement Mitigation Measure TRANS-3(add exclusive eastbound right-turn
lane), which would improve intersection operations to 112.2 seconds(LOS F). However, the
Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) intersection would continue to
operate unacceptably. Providing a channelized free right-turn lane with a third eastbound
receiving lane on the connector link between Stevens Creek Boulevard and Lawrence
Expressway, for a distance of approximately 1,250 feet including a pedestrian-actuated
traffic signal to allow for protected pedestrian crossings to the pedestrian refuge island,
would improve intersection operations to LOS D+with 38.6 seconds of delay.
Mitigation Measure TRANS-9b:
The project sponsor shall expand the TDM program to reduce the severity of the impact per
the TDM Program Expansion subsection. Increasing the TDM participation and associated
alternative mode share from 28 percent to 34 percent would improve operations to LOS F
(142.8 seconds) without implementation of TRANS-3;however it would not reduce the
impact to a less-than-significant level. A robust monitoring program is identified in the
TDM Program Expansion subsection and shall be required to ensure that this TDM program
mitigation measure is implemented and that the required trip reduction is achieved. Details
of the TDM program are set forth in the TDM Program Expansion subsection on pages 441-
447 and Figure VI-11 of the Draft EIR.
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J. Impact TRANS-10: Under Background plus Project Conditions,
completion of the proposed project would cause operations of
intersection #40 Stevens Creek Boulevard/Lawrence Expressway
Ramps (east) to operate at an unacceptable level (change from LOS D
to LOS F) during the AM peak hour based on CMP guidelines.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#40 Stevens Creek Boulevard/Lawrence
Expressway Ramps (east) during the AM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-10, set forth below, would reduce these
impacts to a less-than-significant level. Mitigation Measure TRANS-10 is hereby adopted.
As a condition of project approval, the project sponsor shall diligently pursue Mitigation
Measure TRANS-10, including seeking approval from the City of Santa Clara, and, if
approved, shall implement Mitigation Measure TRANS-10. If successfully implemented,
this mitigation measure would provide for specific ways to minimize the potential for
impacts on existing traffic conditions. However, this intersection is a CMP intersection
located within the jurisdiction of the City of Santa Clara, which can and should adopt and
implement Mitigation Measure TRANS-10. Therefore,the City cannot ensure
implementation of Mitigation Measure TRANS-10 and the impact is considered significant
and unavoidable.
Mitigation Measure TRANS-10:
At intersection#40 Stevens Creek Boulevard/Lawrence Expressway(east) the project
sponsor shall construct a northbound left-turn lane (for a total of two exclusive left-tum
lanes, one shared left-turn/through lane, and shared through/right-turn lane)from
northbound Lawrence Expressway to westbound Stevens Creek Boulevard. This mitigation
would improve intersection operations to LOS D (49.7 seconds). This improvement is
physically feasible;however, it would require the construction of a retaining wall and
modifications to the eastbound approach to accommodate the additional left-turn lane. The
project sponsor would be required to coordinate with VTA, City of Santa Clara, and other
responsible agencies to construct the identified physical improvement at the Stevens Creek
Boulevard/Lawrence Expressway Ramps (east) intersection.
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K. Impact TRANS-11: Under Background plus Project Conditions,
completion of the proposed project would cause operations of
intersection #41 Lawrence Expressway/I-280 Southbound Ramps to
operate at an unacceptable level (change from LOS E to LOS F) during
the PM peak hour based on CMP guidelines.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#41 Lawrence Expressway/I-280
Southbound Ramps during the PM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-11, set forth below,would reduce these
impacts to a less-than-significant level.Mitigation Measure TR.ANS-11 is hereby adopted.
As a condition of project approval,the project sponsor shall diligently pursue Mitigation
Measure TRANS-11, including seeking approval from Caltrans and the County of Santa
Clara, and,if approved, shall implement Mitigation Measure TRANS-11. If successfully
implemented, this mitigation measure would provide for specific ways to minimi�e the
potential for impacts on existing traffic conditions. This intersection is a CMP intersection on
a County expressway and portions are likely within Caltrans right-of-way. Both the County
and Caltrans can and should adopt and implement Mitigation Measure TRANS-11. The
project sponsor would be required to coordinate with VTA, the County of Santa Clara, and .
other responsible agencies to construct the identified physical improvement at the Lawrence
Expressway/I-280 Ramps intersection.Because this intersection is outside of the City of
Cupertino's jurisdiction, the City cannot ensure implementation of Mitigation Measure
TRANS-11 and the impact is considered significant and unavoidable.
Mitigation Measure TRANS-11 would require widening the existing bridge that crosses the
creek running parallel to the west side of Lawrence Expressway. The widening would cause
secondary impacts to the creek. Potential secondary impacts to the creek associated with
widening the existing bridge as a traffic mitigation measure are addressed in Draft EIR
Section V.D,Biological Resources.Mitigation Measures BIO-1 and BIO-3, adopted in Section
VI below, would reduce these secondary impacts to a less-than-significant level.
Mitigation Measure TRANS-11:
At intersection#41 Lawrence Expressway/I-280 Southbound Ramps, the project sponsor
shall construct an exclusive eastbound through lane (for a total of one shared left-
turn/through lane, one through lane, and one right-turn lane), which would improve
intersection operations to acceptable LOS E+ (56.9 seconds). The mitigation measure would
require the construction of a new retaining wall along I-280, since Calvert Road would need
to be curved to properly align with two receiving lanes at the on-ramp. There is existing
right-of-way to accommodate this mitigation measure.
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L. Impact TRANS-13: Under Cumulative plus Project Conditions,
completion of the proposed project would cause intersection #8 De
Anza BoulevardlStevens Creek Boulevard to operate at an
unacceptable level (change from LOS E+to LOS E) during the PM
peak hour based on City of Cupertino LOS impact thresholds.
T'he Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#8 De Anza Boulevard/Stevens Creek
Boulevard during the PM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-13a, set forth below,would reduce these
impacts to a less-than-significant level.However, this improvement is not physically
feasible,because widening the roadway to accommodate the southbound right-turn lane
would impact an underground garage belonging to the office development on the
northwest corner of the De Anza Boulevard/Stevens Creek Boulevard intersection. For this
reason, Mitigation Measure TRANS-13a is hereby rejected.
Implementation of Mitigation Measures TIZANS-13b and TRANS-13c, set forth below,
which are hereby adopted and made conditions of project approval, would reduce these
impacts,but not to a less than signiticant level.
Because Mitigation Measure TRANS-13a is infeasible and implementation of Mitigation
Measures TRANS-13b and TRANS-13c would not reduce the impact to a less than
significant level, the impact at the De Anza Boulevard/Stevens Creek Boulevard intersection
is considered significant and unavoidable.
Mitigation Measure TRANS-13a:
At intersection#8 De Anza Boulevard/Stevens Creek Boulevard, the provision of an
exclusive southbound right-turn lane (for a total of two left-turn lanes,four through lanes,
and one right-turn lane) and adjusting the signal timings to accommodate the added turn
lane would improve intersection operations to acceptable levels at LOS E+with 58.9 seconds
of average delay. However, this improvement is physically not feasible, since the widening
of the roadway to accommodate the southbound right-turn lane would impact an
underground garage belonging to the office development on the northwest comer of the De
Anza Boulevard/Stevens Creek Boulevard intersection;therefore the impact at the De Anza
Boulevard/Stevens Creek Boulevard intersection is considered significant and unavoidable.
Mitigation Measure TRANS-13b:
The project sponsor shall expand the TDM program to reduce the severity of the impact.
Increasing the TDM participation and associated alternative mode share from 28 percent to
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34 percent would improve operations to LOS E (62.1 seconds);however, the increase in
TDM participation would not reduce the impact to a less-than-significant level.
Mitigation Measure TRANS-13c:
The project sponsor shall provide a$50,000 fair-share contribution towards the
implementation of a traffic-adaptive traffic signal system along De Anza Boulevard between
Homestead Road and Rainbow Drive.Implementation of an adaptive traffic signal system
will improve intersection operations;however, it will not reduce the impact to a less-than-
significant level.
M. Impact TRANS-14. Under Cumulative plus Project Conditions,
completion of the proposed project would cause intersection #21
Wolfe Road/I-280 Northbound Ramps to operate at an unacceptable
level (change from LOS B to LOS E) during the AM peak hour based
on City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#21 Wolfe Road/I-280 Northbound Ramps
during the AM peak hour due to increased congestion.
Implementation of Mitigation Measure TIZANS-14, set forth below,would reduce these
impacts to a less-than-significant level.Mitigation Measure TRANS-14 is hereby adopted.
As a condition of project approval,the project sponsor shall diligently pursue Mitigation
Measure TRANS-14, including seeking approval from Caltrans, and,if approved, shall
implement Mitigation Measure TRANS-14. If successfully implemented, this mitigation
measure would provide for specific ways to minimize the potential for impacts on existing
traffic conditions. However,because the intersection is under the jurisdiction of Caltrans,
which can and should adopt and implement Mitigation Measure TRANS-14, the City of
Cupertino cannot ensure the implementation of Mitigation Measure TRANS-14 and the
impact is considered significant and unavoidable.
Mitigation Measure TRANS-14:
At intersection#21 Wolfe Road/I-280 Northbound Ramps, the project sponsor shall
implement Mitigation Measure TRANS-1 (provide dual left- and right-turn lanes), which
would improve intersection operations to acceptable LOS B (18.1 seconds).
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N. Impact TRANS-19: Under Cumulative plus Project Conditions,
completion of the proposed project would exacerbate unacceptable
operations of intersection #36 Stevens Creek Boulevard/Calvert
Drive/I-280 Ramps (west) during the PM peak hour based on CMP
guidelines.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#36 Stevens Creek Boulevard/Calvert
Drive/I-280 Ramps (west) during the PM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-19a, set forth below,would reduce these
impacts to a less-than-significant level.Mitigation Measure TRANS-19a is hereby adopted.
As a condition of project approval, the project sponsor shall diligently pursue Mitigation
Measure TRANS-19a, including seeking approval from Caltrans and the City of Santa Clara,
and, if approved, shall implement Mitigation Measure TRANS-19a. These mitigation
measures would provide for specific ways to minimize the potential for impacts on existing
traffic conditions. However, there are right-of-way constraints that make Mitigation
Measure TRANS-19a infeasible.Additionally, this intersection is within the responsibility
and jurisdiction of the City of Santa Clara, which can and should implement Mitigation
Measure TRANS-19a if the right-of-way constraints can be addressed. The City has no
responsibility or jurisdiction over the implementation of Mitigation Measure TRANS-19a
and cannot ensure its implementation. Therefore, the impact is considered significant and
unavoidable.
Implementation of Mitigation Measure TRANS-19b, set forth below, which is hereby
adopted and made a condition of project approval, would reduce these impacts,but not to a
less than significant level. Therefore, the impact is considered significant and unavoidable.
Mitigation Measure TRANS-19a:
Potential physical improvements as mitigation measures for intersection#36 Stevens Creek
Boulevard/Calvert Drive/I-280 Ramps are discussed under Mitigation Measure TRANS-9
(add two exclusive eastbound right-turn lanes). However, there are right-of-way constraints
that render this mitigation measure infeasible. Additionally, this intersection is within the
City of Santa Clara, and the City has no control over the implementation of the mitigation
measure;therefore the impact is considered significant and unavoidable. The project
sponsor shall implement Mitigation Measure TRANS-9a (add free eastbound right-turn
lane), which would improve intersection operations to LOS D (41.5 seconds). This
improvement would reduce the impact to a less-than-significant level. However,because
this intersection is under City of Santa Clara and Caltrans jurisdiction, the City cannot
guarantee that the improvement would be constructed and the impact is considered
significant and unavoidable.
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Mitigation Measure TRANS-19b:
The project sponsor shall expand the TDM program to reduce the severity of the impact
(Mitigation Measure TRANS-9a).Increasing the TDM participation and associated
alternative mode share from 28 percent to 34 percent would improve operations to LOS F
(145.8 seconds) without implementation of Mitigation Measure TRANS-9a;however the
increase in TDM participation would not reduce the impact to a less-than-significant level.
O. Impact TRANS-20: Under Cumulative plus Project Conditions,
completion of the proposed project would cause operations of
intersection #40 Stevens Creek BoulevardJLawrence Expressway
Ramps (east) to operate at an unacceptable level (change from LOS D
to LOS F) during the AM peak hour based on CMP guidelines.
T'he Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#40 Stevens Creek Boulevard/Lawrence
Expressway Ramps (east) during the AM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-20, set forth below, would reduce these
impacts to a less-than-significant level.Mitigation Measure TRANS-20 is hereby adopted.
As a condition of project approval,the project sponsor shall diligently pursue Mitigation
Measure TRANS-20,including seeking approval from the City of Santa Clara, and, if
approved, shall implement Mitigation Measure TRANS-20. If successfully unplemented,
this mitigation measure would provide for specific ways to minimize potential for impacts
on existing traffic conditions.However,this intersection is located within the jurisdiction of
the City of Santa Clara,which can and should adopt and implement Mitigation Measure
TRANS-20. The City of Cupertino therefore cannot guarantee implementation of Mitigation
Measure TRANS-20 and the impact is considered significant and unavoidable.
Mitigation Measure TRANS-20:
For intersection#40 Stevens Creek Boulevard/Lawrence Expressway Ramps (east), the
project sponsor shall implement Mitigation Measure TRANS-10 (add exclusive northbound
left-turn lane), which would improve intersection operations to LOS D- (52.3 seconds).
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P. Impact TRANS-21: Under Cumulative plus Project Conditions,
completion of the proposed project would cause operations of
intersection #41 Lawrence Expressway/I-280 Southbound Ramps to
operate at an unacceptable level (change from LOS E to LOS F) during
the PM peak hour based on CMP guidelines.
The Final EIR finds that the Project would exacerbate unacceptable conditions or cause
unacceptable operating conditions at intersection#41 Lawrence Expressway/I-280
Southbound Ramps during the PM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-21, set forth below, would reduce these
impacts to a less-than-significant level.Mitigation Measure TIZANS-21 is hereby adopted.
As a condition of project approval,the project sponsor shall diligently pursue Mitigation
Measure TRANS-21, including seeking approval from the County of Santa Clara, and,if
approved, shall implement Mitigation Measure TRANS-21. If successfully implemented,
this mitigation measure would provide for specific ways to minimize the potential for
impacts on existing traffic conditions. This intersection is a CMP intersection located within
the jurisdiction of the County of Santa Clara, which can and should adopt and implement
Mitigation Measure TRANS-21. The City of Cupertino therefore cannot ensure the
implementation of Mitigation Measure TRANS-21 and the impact is considered significant
and unavoidable.
Mitigation Measure TRANS-21:
For intersection#41 Lawrence Expressway/I-280 Ramps, the project sponsor shall
implement Mitigation Measure TRANS-11 (add exclusive eastbound through lane), which
would improve intersection operations to acceptable LOS E+ (58.3 seconds).
Q. Impact TRANS-22: Completion of the proposed project would add
substantial amounts of traffic to the twenty-nine mixed flow
segments and three HOV freeway segments operating at LOS F,
below.
• I-280, Southbound,El Monte to Magdalena
• I-280, Northbound, SR 85 to Foothill Expressway
• I-280, Southbound, Foothill Expressway to SR 85
• I-280, Southbound, SR 85 to De Anza Boulevard
• I-280, Southbound, De Anza Boulevard to Wolfe Road
• I-280, Northbound,Lawrence Expressway to Wolfe Road
• I-280, Southbound, Wolfe Road to Lawrence Expressway/Stevens Creek
Boulevard
• I-280,Northbound, Saratoga Avenue to Lawrence Expressway/Stevens Creek
Boulevard
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. I-280, Southbound,Lawrence Expressway/Stevens Creek Boulevard to Saratoga
Avenue
. I-280,Northbound,Winchester Boulevard to Saratoga Avenue
• I-280,Northbound,Winchester Blvd to I-880
. I-280, Southbound,Winchester Blvd to I-880
• I-280,Northbound,I-880 to Meridian Ave
. I-280, Southbound,I-880 to Meridian Ave
• I-280,Northbound,Meridian Ave to Bird Ave
. I-280, Southbound,Meridian Ave to Bird Ave
• I-280,Northbound,Bird Ave to SR 87
. I-280, Southbound,Bird Ave to SR 87
• I-280,Northbound, SR 87 to 10th St
• I-280, Southbound, SR 87 to 10th St
. I-280,Northbound,l0st to McLaughlin
. I-280,HOV,Northbound, Saratoga Avenue to Lawrence Expressway
• I-280,HOV, Southbound,Winchester Blvd to I-880
• I-280,HOV, Southbound,I-880 to Meridian Avenue
• SR 85,Northbound,Winchester Boulevard to SR 17+HOV
• SR 85,Northbound, Saratoga Avenue to Winchester Blvd
• SR 85, Southbound, SR 17 to Bascom Avenue
• SR 85,Northbound, SR 17 to Bascom Avenue+HOV
• SR 85, Southbound, Bascom Avenue to Union Avenue
• SR 85,Northbound,Bascom Avenue to Union Avenue
• SR 85,Northbound,Union Avenue to Camden Avenue
. I-880, Southbound,Bascom Avenue to Steven Creek Boulevard
The Final EIR finds that the Project could impact these freeway segments under the Existing
Plus Project Conditions based on CMP guidelines.The Draft EIR identified that the Project
would have a significant and unavoidable impact on the level of service of freeway
segments because the project would contribute greater than 1% additional traffic to 10
mixed flow segments and one HOV freeway segment operating at LOS F. Additional study
of freeway segments was conducted following comments received on the Draft EIR, which
refined this impact to include additional freeway segments. The percentage traffic increase
from project traffic in the newly identified segments would not exceed the percentage traffic
increase from project traffic identified in the previously impacted segments. As a result, the
intensity of the impact has not increased. In addition, the newly identified segments include
segments that are more distant from the project site and thus the project contributes fewer
new trips to these newly identified segments. Therefore, there is no new significant impact
or substantial increase in the severity of this significant and unavoidable impact.
Implementation of Mitigation Measure TRANS-22, set forth below would reduce these
impacts, but not to a less-than-significant level.Mitigation Measure TRANS-22 is hereby
adopted. As a condition of project approval, the project sponsor shall diligently pursue
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Mitigation Measure TRANS-22, including seeking approval from VTA, and, if approved,
shall implement Mitigation Measure TRANS-22. If successfully implemented, this
mitigation measure would provide for specific ways to minimize the potential for impacts
on existing traffic conditions,but some impacts could still occur. Additionally, it is unlikely
that the Express Lane or BRT project would be implemented prior to project completion and
that these improvements would reduce the impact to a less-than-significant level. In
addition, Mitigation Measure TRANS-22 is within the responsibility and jurisdiction of
VTA, which can and should adopt and implement Mitigation Measure TRANS-22. The City
of Cupertino therefore cannot ensure implementation of Mitigation Measure TRANS-22 and
the impact to the freeway segments is considered significant and unavoidable.
Mitigation Measure TRANS-22:
The project sponsor shall pay a$1,292,215 fair share contribution towards planned
transportation projects that would improve traffic operations of the impacted freeway
segments and provide added transportation capacity on parallel facilities: (1) SR 85 Express
Lane project(converting the existing HOV lane to a toll lane to allow single occupant
vehicles to drive in the HOV lane for a fee)between Mountain View and San Jose;(2)
eliminating the existing bottleneck on southbound I-280 between El Monte Avenue and
Magdelena Avenue;and (3) either the Bus Rapid Transit(BRT) stations proposed within
Cupertino, or an alternative improvement or study towards the improvement of the
impacted I-280 corridor or a parallel corridor that would provide capacity relief for the I-280
corridor or a parallel corridor that would provide capacity.The fair share contribution
amount was calculated in consultation with VTA staff based on the project's contribution to
project growth on the impacted freeway segment.
R. Impact TRANS-25: As part of the project, the project sponsor would
widen the northbound I-280 off-ramp at Wolfe Road to accommodate
two lanes and reduce excessive queue spillback onto the freeway. If
Caltrans does not approve this improvement, excessive queue
spillback would occur (City of Cupertino).
The Final EIR finds that the Project could exacerbate unacceptable conditions or cause
unacceptable operating conditions at the northbound I-280 off-ramp at Wolfe Road due to
increased congestion.
Implementation of Mitigation Measure TRANS-25, set forth below, would reduce these
impacts to a less-than-significant level.Mitigation Measure TRANS-25 is hereby adopted.
As a condition of project approval, the project sponsor shall diligently pursue Mitigation
Measure TRANS-25, including seeking approval from Caltrans, and,if approved, shall
implement Mitigation Measure TRANS-25. If successfully implemented, this mitigation
measure would provide for specific ways to minimize the potential for impacts on existing
traffic conditions. However, the off-ramp is under the jurisdiction of Caltrans, which can
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and should 'unplement and adopt Mitigation Measure TRANS-25. Therefore, the City of
Cupertino cannot ensure the implementation of Mitigation Measure TRANS-25 and the
impact is considered significant and unavoidable.
Mitigation Measure TRANS-25:
The project sponsor shall widen the northbound I-280 off-ramp at Wolfe Road to
accommodate two lanes.The project sponsor would need to work with City staff,VTA, and
Caltrans to plan, design and construct the widening with all funding provided by the
project sponsor.
S. Impact TIZANS-26: As part of the project, the project sponsor would
widen the southbound I-280 off-ramp at Wolfe Road to
accommodate two lanes and reduce excessive queue spillback onto
the freeway. If Caltrans does not approve this improvement,
excessive queue spillback would occur (City of Cupertino).
The Final EIR finds that the Project could exacerbate unacceptable conditions or cause
unacceptable operating conditions at the southbound I-280 off-ramp at Wolfe Road due to
increased congestion.
Implementation of Mitigation Measure TRANS-26, set forth below, would reduce these
impacts to a less-than-significant level. Mitigation Measure TRANS-26 is hereby adopted.
As a condition of project approval,the project sponsor shall diligently pursue Mitigation
Measure TRANS-26, including seeking approval from Caltrans, and, if approved, shall
implement Mitigation Measure TRANS-26. If successfully implemented, this mitigation
measure would provide for specific ways to minimize the potential for impacts on existing
traffic conditions. However,because the off-ramp is under the jurisdiction of Caltrans,
which can and should adopt and implement Mitigation Measure TRANS-26, the City of
Cupertino cannot ensure the implementation of Mitigation Measure TRANS-26 and the
impact is considered significant and unavoidable.
Mitigation Measure TRANS-26:
The project sponsor shall widen the southbound I-280 off-ramp at Wolfe Road to
accommodate two lanes. The project sponsor would need to work with City staff, VTA, and
Caltrans to plan, design, and construct the widening with all funding provided by the
project sponsor. Widening of the freeway off-ramp to accommodate a second off-ramp lane
and shoulder would likely require the removal of existing landscaping in front of the
soundwall.
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T. Impact TRANS-28: The provision of two northbound inbound right-
turn lanes and six lanes on the east leg of the Wolfe Road/Project
Access intersection with the associated high traffic volumes would
interfere with pedestrian accessibility to the site and adjoining areas
(City of Cupertino).
The Final EIR finds that the Project would interfere with pedestrian accessibility to the site
and adjoining areas (City of Cupertino) due to high traffic volumes and the addition of
vehicle lanes.
Implementation of Mitigation Measure TRANS-28, set forth below, which is hereby adopted
and made a condition of project approval, would reduce these impacts,but not to a less-
than-significant level. This mitigation measure would provide for specific ways to minimize
the potential for impacts on the pedestrian environment near the site and adjoining areas,
but some impacts could still occur.Therefore, this impact would remain significant and
unavoidable.
Mitigation Measure TRANS-28:
To lessen the impact the project sponsor shall install a "Yield to Peds" sign that is activated
by a pedestrian push button.Additionally, the project shall install a high visibility crosswalk
(i.e.,with ladder striping) at the east leg of the Wolfe Road/Project Access intersection to
help make the crosswalk more prominent. These treatments would lessen the impact,but
would not mitigate the impact to a less-than-significant level as pedestrian access would still
be impeded.
U. Impact TRANS-29: The increased traffic volume at the I-280 ramps
with Wolfe Road would create a challenging condition for
pedestrians that currently does not exist (City of Cupertino).
The Final EIR finds that the Project would interfere with pedestrian accessibility near the I-
280 ramps and Wolfe Road (City of Cupertino).
Implementation of Mitigation Measure TRANS-29, set forth below, would reduce these
impacts,but not to a less-than-significant level.Mitigation Measure TRANS-29 is hereby
adopted.As a condition of project approval, the project sponsor shall diligently pursue
Mitigation Measure TRANS-29, including seeking approval from Caltrans, and, if approved,
shall implement Mitigation Measure TRANS-29. If successfully implemented, this
mitigation measure would provide for specific ways to minimize the potential for impacts to
pedestrian accessibility near the vicinity of the Project, but would not mitigate the impact to
a less-than-significant level, as the increased vehicular volumes would still exist. Further,
the feasibility of this mitigation measure cannot be assured as the on-ramp is under the
jurisdiction of Caltrans, which can and should adopt and implement Mitigation Measure
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TRANS-29. Therefore, the City of Cupertino cannot ensure the implementation of Mitigation
Measure TRANS-29 and this impact would remain significant and unavoidable.
Mitigation Measure TRANS-29:
To enhance the pedestrian environment and lessen the pedestrian impact at the six I-280
ramps with Wolfe Road, the project sponsor shall provide enhanced crosswalks at all ramp
crosswalks. Additionally, for the I-280 southbound loop on-ramp, the project sponsor shall
design, construct, and fund the following to improve the sight distance to an industry
standard of 250 feet for a 35 mph roadway include:
• Replacing existing fence on overcrossing with one that has better transparency;
• Trimming and maintaining vegetation on northwest corner of the Wolfe Road/I-280
southbound loop on-ramp;
• Redesigning the ramp to move the crosswalk further north; and
• Adding a pavement legend to indicate pedestrian crossing.
V. Impact TRANS-31. The proposed closure of Pruneridge Avenue
between Wolfe Road and Tantau Avenue would have significant
impacts on pedestrian access because it would reduce accessibility
for pedestrians and eliminate existing pedestrian facilities (City of
Cupertino).
The Final EIR finds that the Project would have significant impacts on pedestrian access due
to a reduction in accessibility near the project site and the elimination of select pedestrian
facilities.
Implementation of Mitigation Measure TRANS-31, set forth below,which is hereby adopted
and made a condition of project approval, would reduce these impacts,but not to a less-
than-significant level. This mitigation measure would provide for specific ways to minimize
the potential for impacts to pedestrian access and pedestrian facilities,but because the
elimination of some pedestrian facilities would still occur, some impacts would remain.
Therefore, this impact would remain significant and unavoidable.
Mitigation Measure TRANS-31:
Implement Mitigation Measures PLAN-2 and PLAN-3. The multi-use paths and the
pedestrian improvements proposed as part of the project would lessen the impact,but
would not mitigate the impact to a less-than-significant level as the elimination of existing
pedestrian facilities would still occur.
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W. Impact TRANS-32: The proposed closure of Pruneridge Avenue
between Wolfe Road and Tantau Avenue would have significant
impacts on bicycle access because it would reduce accessibility for
bicyclists and eliminates existing bicycle facilities (City of
Cupertino).
The Final EIR finds that the Project would have significant impacts on bicycle access due to
a reduction in accessibility near the project site and the elimination of select bicycle facilities.
Implementation of Mitigation Measure TRANS-32, set forth below, which is hereby adopted
and made a condition of project approval, would reduce these impacts,but not to a less-
than-significant level. This mitigation measure would provide for specific ways to minimize
the potential for significant impacts to bicycle access and bicycle facilities,but because the
elimination of existing bicycle facilities would still occur, some impacts would remain.
Therefore, this impact would remain significant and unavoidable.
Mitigation Measure TRANS-32:
Implement Mitigation Measures PLAN-2 and PLAN-3. The multi-use paths and bicycle
improvements proposed as part of the project would lessen the impact,but would not
mitigate the impact to a less-than-significant level as the elimination of existing bicycle
facilities would still occur
X. Impact TRANS-33: The proposed closure of Pruneridge Avenue and
associated reroute of Route 81 to Vallco Parkway would significantly
reduce transit access for The Hamptons residents (City of
Cupertino).
The Final EIR finds that the Project would significantly reduce transit access for The
Hamptons residents due to an associated rerouting of Route 81 upon the closure of
Pruneridge Avenue.
T'here are no feasible xnitigation measures to restore transit access to Route 81 for The
Hamptons residents, therefore the impact is considered significant and unavoidable.
Y. Impact TRANS-34: The proposed closure of Pruneridge Avenue
between Wolfe Road and Tantau Avenue would have significant
impacts on access to The Hamptons for those with destinations east
of Tantau Avenue (City of Cupertino).
The Final EIR finds that the Project would have significant impacts on access to The
Hamptons for those with destinations east of Tantau Avenue due to the closure of
Pruneridge Avenue.
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Implementation of Mitigation Measure TRANS-34, set forth below,which is hereby adopted
and made a condition of project approval, would reduce these impacts,but not to a less-
than-significant level.This mitigation measure would provide for specific ways to minimize
the potential for impacts to access for those with destinations east of Tantau Avenue,but
some impacts could still occur. Therefore, this impact would remain significant and
unavoidable.
Mitigation Measure TRANS-34:
There are no mitigation measures to reduce the impact to a less-than-significant level.
Implementation of Mitigation Measure TRANS-32 would lessen the impact,but not to a
less-than-significant level.
Z. Impact AIR-1: Construction of the proposed project would generate
air pollutant emissions that could violate air quality standards.
The Final EIR finds that the Project would generate pollutant emissions due to construction.
Implementation of Mitigation Measure AIR-1, set forth below, which is hereby adopted and
made a condition of project approval,would reduce these impacts,but not to a less-than-
significant level.This mitigation measure would provide for specific ways to minimize the
potential for impacts to air quality due to the construction of the Project,however, the Final
EIR finds that air quality thresholds of significance would still be exceeded even after
implementation of Mitigation Measure AIR-1. Therefore, this impact would remain
significant and unavoidable.
Mitigation Measure AIR-1:
Consistent with guidance from the BAAQMD, the following actions shall be required in
relevant construction contracts and specifications for the project:
• All exposed surfaces(e.g.,parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt tracked-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour(mph).
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
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• Construction equipment idling times shall be minimized either by shutting equipment
off when not in use or reducing the maximum idling time to 2 minutes (as required by
the California airborne toxics control measure Title 13,Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
• All construction equipment shall be maintained and properly tuned in accordance with
the manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
• The project applicant shall post a publicly visible sign with the telephone number and
person to contact at the City of Cupertino regarding dust complaints. This person shall
respond to complaints and take corrective action within 48 hours. The BAAQMD's
phone number shall also be visible to ensure compliance with applicable regulations.
• All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil
moisture of 12 percent. Moisture content can be verified by lab samples or a moisture
probe.
• All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed 20 mph.
• Vegetative ground cover(e.g., fast-germinating native grass seed) or other plants that
offer dust mitigation measures shall be planted in disturbed areas as soon as possible
and watered appropriately until vegetation is established.
• The simultaneous occurrence of excavation, grading, and ground-disturbing
construction activities on the same area at any one time shall be limited. To the extent
feasible, activities shall be phased to reduce the amount of disturbed surfaces at any one
time.
• All trucks and equipment, including the tires, shall be washed off prior to leaving the
site.
• Sandbags or other erosion control measures shall be installed to prevent silt runoff to
public roadways from sites with a slope greater than 1 percent.
• Use low volatile organic compound (i.e., ROG) coatings beyond the local requirements
(i.e., Regulation 8, Rule 3: Architectural Coatings).
• To the maximum extent feasible, all construction equipment, diesel trucks, and
generators shall be equipped with Best Available Control Technology for emission
reductions of NOx and PM.
• To the maximum extent feasible, all contractors shall use equipment that meets ARB's
most recent certification standard for off-road heavy duty diesel engines.
• Excluding the following equipment, ensure that all diesel-powered off-road equipment
used on-site meets U.S. EPA "Tier 2" e�chaust emission standards, and that engines are
equipped with California ARB "Leve13 Verified Diesel Emission Control Strategies"
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(which include diesel particulate filters) or are certified to meet the U.S. EPA "Tier 4
Interim" standard for particulate matter emissions. Equipment that will meet U.S. EPA
"Tier 2" exhaust emission standards but will not be equipped with California "Leve13
Verified Diesel Emission Control Strategy" shall be limited to:
o Scrapers 623G
o Scrapers 633B
o Four of the six proposed Scrapers 657G
. Ensure that trucks used at the site to haul material and/or soil are model year 2007 or
newer (or meet equivalent U.S. EPA emission standards).
• Require all aerial and personnel lifts less than 50 horsepower to be fueled with natural
gas or propane.
AA. Impact AIR-2: Operation of the proposed project would generate air
pollutant emissions that would exceed the BAAQMD criteria and
could substantially contribute to a violation of air quality standards.
The Final EIR finds that operation of the Project would generate pollutant emissions that
would exceed BAAQMD significance criteria and may substantially contribute to a violation
of air quality standards.
Implementation of Mitigation Measure AIR-2, set forth below,which is hereby adopted and
made a condition of project approval,would reduce these impacts,but not to a less-than-
significant level.T'his mitigation measure would provide for specific ways to minimize the
potential for air quality impacts due to the operation of the Project;however, some impacts
may still occur. Therefore, this impact would remain significant and unavoidable.
Mitigation Measure AIR-2:
AIR-2: Implement Mitigation Measure TRANS-9b(which requires Apple to expand its TDM
Program and increase the reduction in peak hour trips from 28 percent to 34 percent).
BB. Impact AIR-3: Construction and operation of the proposed project
would result in a significant cumulative net increase in criteria
pollutant emissions.
The Final EIIZ finds that the Project would result in a significant cumulative net increase in
criteria pollutant emissions due to the construction and operation of the Project.
Implementation of Mitigation Measure AIR-3, set forth below,which is hereby adopted and
made a condition of project approval, would reduce these impacts,but not to a less-than-
significant level. This mitigation measure would provide for specific ways to minimize the
potential for air quality impacts due to construction and operation of the Project;however,
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some impacts may still occur.Therefore, this impact would remain significant and
unavoidable.
Mitigation Measure AIR-3:
Implement Mitigation Measures AIR-1 and AIR-2.
CC. Impact PSU-2: The proposed project would contribute to a shortage
of park facilities for City residents and would preclude the
development of an open space trail through the project site.
The Final EIR finds that the Project would contribute to a shortage of park facilities for City
residents by precluding the development of an open space trail through the project site.
Implementation of Mitigation Measure PSU-2, set forth below, which is hereby adopted and
made a condition of project approval, would reduce these impacts,but not to a less-than-
significant level. This mitigation measure would provide for specific ways to minimize the
potential for impacts to the availability of future facilities for City residents;however,
impacts could still occur.Therefore, this impact would remain significant and unavoidable.
Mitigation Measure PSU-2:
Implement Mitigation Measures PLAN-1 and PLAN-3.
VI. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FINAL EIR
THAT ARE REDUCED TO A LESS THAN SIGNIFICANT LEVEL BY
MITIGATION MEASURES MADE CONDITIONS OF PROJECT
APPROVAL
The Final EIR identifies the following significant impacts associated with the Project. It is
hereby determined that the impacts addressed by these mitigation measures will be
mitigated to a less than significant level or avoided by making these mitigation measures
conditions of project approval. Pub. Resources Code�21081(a)(1).)As explained in Section
X,below, the findings in this Section are based on the Final EIR, the discussion and analysis
in which is hereby incorporated in full by this reference.
A. Impact PLAN-1: The proposed project would change the designation of a
1.1-acre portion of the site designed Parks and Open Space, and would
reduce the acreage of land designated for future parks in the City.
The Final EIR finds that the Project would change the designation of a portion of the site
from Parks and Open Space, which would ultimately reduce the acreage of land designated
for future parks in the City.
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Implementation of Mitigation Measure PLAN-1, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure PLAN-1:
The project sponsor shall implement one of the following options:
a. Provide sufficient funds for the acquisition of 1.1 acres of property by the City for
future park development; or
b. Agree to purchase (unless other property currently owned by Apple is proposed),
designate, and dedicate to the City 1.1 acres elsewhere in the City as Parks and
Open Space, subject to the satisfaction of the City,provided the land would be
publicly accessible.
B. Impact PLAN-4: The proposed project would not be consistent with
the identification of the Glendenning Barn as a Historic Site in the
General Plan.
The Final EIR finds that the Project would not be consistent with the identification of the
Glendenning Barn as a Historic Site in the General Plan.
Implementation of Mitigation Measure PLAN-4, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure PLAN-4:
Implement Mitigation Measure CULT-1.
C. Impact BIO-1: The proposed project may result in the destruction or
abandonment of nests occupied by special-status or non-special-
status bird species that are protected under the Migratory Bird
Treaty Act and Fish and Game Code.
T'he Final EIR finds that the Project could result in the destruction or abandonment of nests
occupied by bird species that are protected under the Migratory Bird Treaty Act and Fish
and Game Code due to the construction and operation of the Project.
Implementation of Mitigation Measure BIO-1, set forth below, which is hereby adopted and
made a condition of project approval, would avoid or reduce these unpacts to less-than-
significant levels.
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Mitigation Measure BIO-1:
A qualified biologist shall conduct surveys prior to tree pruning, tree removal,
transplantation, ground disturbing activities, or construction activities on the site to locate
active nests containing either viable eggs or young birds.Preconstruction surveys are not
required for tree removal, tree pruning, or construction activities outside the nesting period.
If construction would occur during the nesting season (February 1 to August 31),
preconstruction surveys shall be conducted no more than 14 days prior to the start of
pruning, construction, or ground disturbing activities. Preconstruction surveys shall be
repeated at 14-day intervals until construction has been initiated in the area after which
surveys can be stopped. Locations of active nests containing viable eggs or young birds shall
be described and protective measures implemented until the nests no longer contain eggs or
young birds. Protective measures shall include establishment of clearly delineated exclusion
zones (i.e., demarcated by uniquely identifiable fencing, such as orange construction fencing
or equivalent) around each nest site as determined by a qualified wildlife biologist, taking
into account the species of birds nesting on-site and tolerance for disturbance. In general,
exclusion zones shall be a minimum of 300 feet from the drip line of the nest tree or nest for
raptors and 50 feet for passerines and other species. The active nest sites within an exclusion
zone shall be monitored on a weekly basis throughout the nesting season to identify signs of
disturbance or to determine if each nest no longer contains eggs or young birds.
The radius of an exclusion zone may be increased by the project biologist if project activities
are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced
by the project biologist only in consultation with CDFW. The protection measures shall
remain in effect until the young have left the nest and are foraging independently or the
nest is no longer active. For any project-related activities involving the removal of trees
during the nesting season, a report shall be submitted to the City of Cupertino and CDFW
once per year documenting the observations and actions implemented to comply with this
mitigation measure.
D. Impact BIO-2: New buildings that would be developed as part of the
project could result in bird collisions.
The Final EIR finds that the Project could result in bird collisions due to the construction of
new buildings at the project site.
Implementation of Mitigation Measure BIO-2, set forth below,which is hereby adopted and
made a condition of Project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure BIO-2:
The project sponsor shall incorporate the following design features(developed through a
review of bird-safe design guidelines) into the project to reduce bird collisions:
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Main Building and North Tantau Structures ,
• From outside most buildings, glass often appears highly reflective, reproducing habitat
and appearing attractive to some birds. To limit reflectivity and prevent exterior glass
from attracting birds, the project shall utilize low-reflectivity glass (7 percent reflectivity,
0 percent ultra-violet transmittance).This low-reflectivity glass shall be used for the
entirety of the building's glass surface (not just the lower levels nearest trees where bird
collisions may be the most common)to provide additional avian safety.
• The Main Building shall include 10-foot-wide awnings at each story(or a similar feature)
to create "visual noise"by covering windows and muting image reflections.
. All indoor potted plants shall be placed away from the glass perimeter so that birds do
not attempt to fly into the vegetation.
• AlI roof inechanical equipment shall be covered by low-profile angled roofing so that
obstacles to bird flight are minimized.
• Interior light"pollution" shall be reduced during evening hours through the use of a
lighting control system.
Main Parking Structure and North Tantau Parking Structures
• The above-grade parking structures shall be designed with open-air fa�ades. No glass
shall be utilized so birds can access open through-passages.
Corporate Auditorium/Corporate Fitness Center
• To limit reflectivity and prevent exterior glass from attracting birds, the project shall
utilize low-reflectivity glass (7 percent reflectivity, 0 percent ultra-violet transmittance).
. Interior light"pollution" shall be reduced during evening hours through the use of a
lighting control system.
• The Corporate Fitness Center shall include 5-foot-wide awnings(or a similar feature) to
create "visual noise" by covering windows and muting image reflections
E. Impact BIO-3: The proposed project would result in the removal of
trees that are protected under the City of Cupertino's Tree Protection
Ordinance, and could thus conflict with a local policy or ordinance
protecting biological resources.
The Final EIR finds that the Project could conflict with a local policy which protects
biological resources due to the removal of trees that are protected under the City's Tree
Protection Ordinance.
Implementation of Mitigation Measure BIO-3, set forth below, which is hereby adopted and
made a condition of project approval, would avoid or reduce these impacts to less-than-
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significant levels.
Mitigation Measure BIO-3:
Replacement/compensation of all protected trees shall be undertaken in accordance with the
review of the Consolidated Arborist Report for the Apple Campus 2 Project and City
Municipal Code requirements, prior to the initiation of construction. Recommendations
noted within the review of the Consolidated Arborist Report for the Apple Campus 2
Project, as modified by the adjustments to response to the review of the Consolidated
Arborist Report per EIR Plan revision and a review of the trees recommended for transplant
at the Apple Campus 2 Project shall be implemented to the satisfaction of the Community
Development Director.Protected trees that are damaged or removed during construction or
roadway improvements shall be subject to replacement/compensation according to the
City's tree protection ordinance. However, replacement for removed trees subject to the
City's Protected Tree Ordinance shall be consistent with the requirements of Chapter 14.18
of the Protected Tree Ordinance. Trees that have been identified as being suitable for
transplantation shall be relocated in accordance with the Tree Transplant Schedule
approved by the Community Development Director.
F. Impact CULT-1: The project would relocate the Glendenning Barn, a
designated Historic Site under the City of Cupertino General Plan
and a historical resource under CEQA.
The Final EIR finds that the Project would cause the relocation of Glendenning Barn, a
designated Historic Site under the City's General Plan.
Implementation of either Mitigation Measure CULT-la or Mitigation Measure CULT-lb,
depending on whether Apple elects to relocate the bam on-site or off-site, as set forth below,
which are hereby adopted and made a condition of project approval, would avoid or reduce
this impact to less-than-significant levels.
Mitigation Measure CULT-1a (on-site relocation):
The Glendenning Barn shall be relocated to one of the following two sites within the Apple
Campus 2 project site, subject to the approval of the City: 1) to the northeast of the
Corporate Fitness Center, south of East Homestead Road or 2) at the proposed eastern
termination of Pruneridge Avenue,near The Hamptons.The barn shall not be relocated to
the second potential relocation site identified by Apple, to the west of the Central Plant,near
the southwestern property line of the project site. T'his site is unacceptable to the City
because it would be difficult to allow for the barn to be visible from a public right-of-way.
The lead agency shall ensure that any adopted measures to mitigate or avoid significant
adverse changes to the resource are fully enforceable through permit conditions,
agreements, or other measures. The following stipulations shall apply to the barn's on-site
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relocation:
• The following character-defining architectural elements of the barn shall be substantially
visible from a public right-of-way, per the discretion of City staff: 1) size/scale of barn; 2)
board and batten siding (including windows, if possible); and 3) roofline.
• The new site for the Glendenning Barn shall include open space and/or land that can be
converted to such use.The amount of open space shall be sufficient to reference the
area's historic agricultural roots.
• The Glendenning Barn shall be relocated by a qualified structure-moving company with
experience moving historic buildings.
• Relocation of the Glendenning Barn shall be overseen by a qualified historical architect.
The architect shall ensure that the barn retains its significant character-defining features
at its new location,including its form,proportion, structure, plan, style, and materials.
The historian shall be responsible for documenting relocation of the barn from its
current,historic site to its new site. Documentation shall include production of a report
that includes photographic documentation of the move and a historical context for the
barn that describes the resource's significance in local history. Copies of this
documentation shall be offered to local libraries and local historical societies, and
submitted to the Northwest Information Center at Sonoma State University.
• The Secretary of the Interior's Standards for the Treatment of Historic Properties
(Standards) shall be applied to the barn at its new location.The Standards consist of four
possible treatrnents for historic properties: preservation,rehabilitation, restoration, and
reconshuction.Depending on the nature of the bam's use at its new location and its
current condition, one or more of these treatments shall apply.
. The applicant shall provide a plaque, reader board and/or other educational tools to
explain the historic significance of the barn on the project site. The plaque shall include
the City seal,name of the resource, date it was built, a written description, and
photograph, and shall be placed in a location where the public can view the information,
not necessarily on the barn.
Mitigation Measure CULT-1b (off-site relocation):
The Glendenning Bam shall be relocated off the project site to a new site within Cupertino,
subject to the approval of the City. The lead agency shall ensure that any adopted measures
to mitigate or avoid significant adverse changes to the resource are fully enforceable
through permit conditions, agreements, or other measures.The following stipulations shall
apply to the barn's relocation:
• The new site for the Glendenning Barn shall include open space and/or land that can be
converted to such use. The amount of open space shall be sufficient to reference the
area's historic agricultural roots. Appropriate uses of the new site could include
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educational uses determined by the City. Public access could be permitted and is
encouraged,but is not required to reduce impacts to the resource.
• If located on private property, the following character-defining architectural elements of
the barn shall be substantially visible from a public right-of-way or(if the barn and/or its
surroundings are publicly-accessible) a public viewpoint,per the discretion of City staff:
1) size/scale of bam;2)board and batten siding(including windows,if possible); and 3)
roofline.
• The Glendenning Bam shall be relocated by a qualified structure-moving company with
experience moving historic buildings.
• Relocation of the Glendenning Barn shall be overseen by a qualified historical architect.
The architect shall ensure that the barn retains its significant character-defining features
at its new location,including its form, proportion, structure,plan, style, and materials.
The historian shall be responsible for documenting relocation of the barn from its
current, historic site to its new site. Documentation shall include production of a report
that includes photographic documentation of the move and a historical context for the
barn that describes the resource's significance in local history. Copies of this
documentation shall be offered to local libraries and local historical societies, and
submitted to the Northwest Information Center at Sonoma State University.
• The Secretary of the Interior's Standards for the Treatment of Historic Properties
(Standards) shall be applied to the barn at its new location. The Standards consist of four
possible treatrnents for historic properties:preservation,rehabilitation, restoration, and
reconstruction. Depending on the nature of the barn's use at its new location and its
current condition, one or more of these treatments shall apply.
• The applicant shall provide a plaque,reader board and/or other educational tools to
explain the historic significance of the barn,both on the off-site location and on the
project site. The plaques shall include the City seal,name of the resource, date it was
built, a written description, and photograph, and shall be placed in a location where the
public can view the information,not necessarily on the barn.
G. Impact CULT-2: Ground-disturbing activities associated with site
preparation and the construction of building foundations and
underground utilities could adversely affect archaeological
resources.
The Final EIR finds that the Project could adversely affect archaeological resources due to
ground-disturbing activities associated with site preparation and the construction of
building foundations and underground utilities.
Implementation of Mitigation Measures CULT-2a and CULT-2b set forth and adopted
below, which are hereby adopted and made conditions of project approval, would avoid or
reduce these impacts to less-than-significant levels.
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Mitigation Measure CULT-2a:
The project applicant shall retain a qualified archaeologist to monitor project ground-
disturbing activities. Prior to project ground-disturbing activities, the archaeologist shall
prepare a Monitoring Plan for the project. The Monitoring Plan shall include: (1) a review of
historical maps, photographs, soil inventories, and geotechnical reports to identify those
locations where subsurface historical features may occur and areas of prehistoric sensitivity;
and (2) a Discovery Plan that describes the specific methods and procedures that will be
used in the event that archaeological deposits are identified.
Archaeological monitors shall be empowered to halt construction activities at the location of
a discovery to review possible archaeological material and to protect the resource while the
finds are being evaluated. Monitoring shall continue until, in the archaeologist's judgment,
cultural resources are not likely to be encountered.
If deposits of prehistoric or historical archaeological materials are encountered during
project activities, all work within 25 feet of the discovery shall be redirected until the
archaeologist assesses the finds, consults with agencies as appropriate, and makes
recommendations for the treatment of the discovery.If avoidance of the archaeological
deposit is not feasible, the archaeological deposits shall be evaluated for eligibility for listing
in the California Register of Historical Resources. If the deposits are not eligible,mitigation
is not necessary.If the deposits are eligible, adverse effects on the deposits shall be
mitigated. Mitigation may include excavation of the archaeological deposit in accordance
with a data recovery plan(see CEQA Guidelines Section 15126.4(b)(3)(C)) and standard
archaeological field methods and procedures;laboratory and technical analyses of recovered
archaeological materials;preparation of a report detailing the methods,findings, and
significance of the archaeological site and associated materials;and accessioning of
archaeological materials and a technical data recovery report at a curation facility.
Upon completion of the assessment, the archaeologist shall prepare a report to document
the methods and results of the assessment. The report shall be submitted to the City of
Cupertino and the Northwest Information Center at Sonoma State University upon
completion of the resource assessment.
Mitigation Measure CULT-2b: If archaeological deposits are encountered during project
subsurface construction when an archaeological monitor is not present, all ground-
disturbing activities within 25 feet shall be redirected and a qualified archaeologist
contacted to assess the situation, consult with agencies as appropriate, and make
recommendations for the treatment of the discovery. The project applicant shall inform its
contractor(s) of the sensitivity of the project area for archaeological deposits. The City shall
verify that the following directive has been included in the appropriate contract documents:
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"If prehistoric or historical archaeological deposits are discovered during project activities,
all work within 25 feet of the discovery shall be redirected and a qualified archaeologist
contacted to assess the situation, consult with agencies as appropriate, and make
recommendations regarding the treatment of the discovery. Project personnel shall not
collect or move any archaeological materials or human remains and associated materials.
Archaeological resources can include flaked-stone tools (e.g.,projectile points, knives,
choppers) or obsidian, chert,basalt, or quartzite toolmaking debris;bone tools;culturally
darkened soil (i.e., midden soil often containing heat-affected rock, ash and charcoal,
shellfish remains,faunal bones, and cultural materials); and stone-milling equipment(e.g.,
mortars,pestles,handstones). Prehistoric archaeological sites often contain human
remains."
Adverse effects to archaeological deposits shall be treated in accordance with Mitigation
Measure CULT-2a.
H. Impact CULT-3: Ground-disturbing activities associated with site
preparation and the construction of building foundations and
underground utilities could adversely affect paleontological
resources.
The Final EIR finds that the Project could adversely affect paleontological resources due to
ground-disturbing activities associated with site preparation and the construction of
foundations and underground utilities.
Implementation of Mitigation Measure CULT-3, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure CULT-3:
Should paleontological resources be encountered during project subsurface construction
activities, all ground-disturbing activities within 25 feet shall be redirected and a qualified
paleontologist contacted to assess the situation, consult with agencies as appropriate, and
make recommendations for the treatment of the discovery. If found to be significant, and
project activities cannot avoid the paleontological resources, adverse effects to
paleontological resources shall be mitigated. Mitigation may include monitoring,recording
the fossil locality, data recovery and analysis, a final report, and accessioning the fossil
material and technical report to a paleontological repository. Public educational outreach
may also be appropriate. Upon completion of the assessment, a report documenting
methods, findings, and recommendations shall be prepared and submitted to the City of
Cupertino for review, and (if paleontological materials are recovered) a paleontological
repository, such as the University of California Museum of Paleontology.
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The project applicant shall inform its contractor(s) of the sensitivity of the project area for
paleontological resources. The City shall verify that the following directive has been
included in the appropriate contract documents:
"The subsurface of the construction site may be sensitive for paleontological resources. If
paleontological resources are encountered during project subsurface construction and a
paleontologist is not on-site, all ground-disturbing activities within 25 feet shall be
redirected and a qualified paleontologist contacted to assess the situation, consult with
agencies as appropriate, and make recommendations for the treatment of the discovery.
Project personnel shall not collect or move any paleontological materials.Paleontological
resources include fossil plants and animals, and such trace fossil evidence of past life as
tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and
oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion
bones.Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat,
horse, and bison.Paleontological resources also include plant imprints,petrified wood, and
animal tracks."
I. Impact CULT-4: Ground-disturbing activities associated with site
preparation and the construction of building foundations and
underground utilities could adversely affect Native American
skeletal or cremated remains.
The Final EIR finds that the Project could adversely affect Native American skeletal or
cremated remains due to the ground-disturbing activities associated with site preparation
and the construction of building foundations and underground utilities.
Implementation of Mitigation Measure CULT-4 set forth and adopted below, which is
hereby adopted and made a condition of project approval, would avoid or reduce these
impacts to less-than-significant levels.
Mitigation Measure CULT-4:If human remains are encountered during construction, the
project shall implement Mitigation Measure CULT-2a(archaeological monitoring) to
identify and treat any human remains that may be present.
In addition, any human remains encountered during project ground-disturbing activities
shall be treated in accordance with California Health and Safety Code Section 7050.5. The
project applicant shall inform its contractor(s) of the sensitivity of the project site for human
remains.The City shall verify that the following directive has been included in the
appropriate contract documents:
"If human remains are uncovered, work within 25 feet of the discovery shall be redirected
and the County Coroner notified immediately. At the same time, an archaeologist shall be
contacted-if one is not already on site-to assess the situation and consult with agencies as
appropriate. Project personnel shall not collect or move any human remains or associated
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materials. If the human remains are of Native American origin, the Coroner must notify the
Native American Heritage Commission within 24 hours of this identification. The Native
American Heritage Commission will identify a Native American Most Likely Descendant to
inspect the site and provide recommendations for the proper treatment of the remains and
associated grave goods."
J. Impact GEO-1: Occupants of the development proposed as part of
the project would be subject to seismic hazards.
The Final EIR finds that the Project would subject occupants of the development to seismic
hazards.
Implementation of Mitigation Measure GEO-1,set forth below,which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure GEO-1:
Prior to the issuance of any site-specific grading or building permits, a design-level
geotechnical report shall be prepared and submitted to the City of Cupertino Building
Department for review and approval and in accordance with adopted City standards. The
structural designs shall adhere to the 2010 California Building Code (CBC)or the
appropriate building code, as adopted by the City of Cupertino. Examples of the kinds of
measures that would typically be used to meet these requirements include pile-supported
foundations, use of pre-stressed concrete materials, slab reinforcement, compaction
specifications, drainage requirements,use of control joints, and appropriate safety factors.
The report shall identify specific building techniques appropriate for minimizing damage
from seismic events, including liquefaction and lateral spreading. In addition, the following
requirement for the geotechnical and soils report shall be met:
• The seismic hazard analysis presented in the geotechnical report shall include an
evaluation of liquefaction hazards in the Calabazas Creek area, and shall conform to the
California Division of Mines and Geology recommendations presented in the Guidelines
for Evaluating and Mitigating Seismic Hazards in California.
• Design review for the project shall include evaluation of fixtures, furnishings, and
fasteners with the intent of minimizing collateral injuries to building occupants from
falling fixtures or furnishings during the course of a violent seismic event.
• All design criteria and specifications set forth in the design-level geotechnical report
shall be implemented as a condition of project approval. This report shall address the
final specifications for design and construction intended to limit the effects of seismic
hazards to structures and utilities, including but not limited to: foundation design,
driven piles, utility corridor design,excavation subgrade preparation, fill materials and
compaction specifications, retaining walls and concrete pavement specifications, and
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drainage and dewatering design. This report shall be completed as a condition of
approval of the vesting tentative map or adoption of the development agreement.
K. Impact GEO-2: Damage to structures or property could result from
expansive or corrosive soils.
The Final EIR finds that the Project could result in damage to structures or property from
expansive or corrosive soils.
Implementation of Mitigation Measure GEO-2, set forth below,which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure GEO-2:
The design-level geotechnical report shall include recommendations for foundations and
improvements,including sidewalks,parking lots, and subsurface utilities,that take into
consideration the potential effects of expansive and corrosive soils. The report shall be
submitted to the City of Cupertino Building Departrnent for review and approval.All
design criteria and specifications set forth in the design-level geotechnical report shall be
implemented as a condition of project approval.
L. Impact HYD-1: Development of the project could result in localized
flooding impacts due to inadequate storm drainage infrastructure.
The Final EIR finds that the Project could result in localized flooding impacts due to a
reliance on inadequate storm drainage infrastructure.
Implementation of Mitigation Measure HYD-1, set forth below,which is hereby adopted
and made a condition of project approval,would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure HYD-1:
As a condition of approval for construction permits, the City Engineer shall review storm
drainage plans and calculations for the project, and verify whether existing storm drain
infrastructure affected by the project will meet current City requirements, including the
ability to convey a 10-year storm event, as storm events are calculated per standards set
forth in the Santa Clara County Drainage Manual(2007). Should the City Engineer
determine that the existing storm drain facilities are inadequate to convey a 10-year storm
event, the project applicant shall be responsible for the design and construction of the
necessary modifications.Upon completion the improvements will be dedicated to the City
and the City will be responsible for ongoing maintenance, repair, and other liabilities
associated with the improvements.
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M. Impact HAZ-1: Upset and accidents involving hazardous materials
releases and transport and use during construction activities could
result in adverse effects to public health or the environment.
The Final EIR finds that the Project could result in adverse effects to public health or the
environment if upsets or accidents involving the release of hazardous materials occurs
during construction activities.
Implementation of Mitigation Measures HAZ-la and HAZ-lb, set forth below,which are
hereby adopted and made a condition of project approval, would avoid or reduce these
impacts to less-than-significant leveLs.
Mitigation Measure HAZ-1a:
The contractor(s) shall designate storage areas suitable for material delivery, storage, and
waste collection. These locations must be as far away from catch basins, gutters, drainage
courses, and Calabazas Creek as feasible. All hazardous materials and wastes used or
generated during project site development activities shall be labeled and stored in
accordance with applicable local, State, and federal regulations. In addition, an accurate up-
to-date inventory, including Material Safety Data Sheets, shall be maintained on-site to
assist emergency response personnel in the event of a hazardous materials incident.
All maintenance and fueling of vehicles and equipment shall be performed in a designated,
bermed area, or over a drip pan that will not allow runoff of spills. Vehicles and equipment
shall be regularly checked and leaks shall be repaired promptly at an off-site location.
Secondary containment shall be used to catch leaks or spills any time that vehicle or
equipment fluids are dispensed, changed, or poured.
Mitigation Measure HAZ-1b:
Emergency preparedness and response procedures shall be developed by the contractor(s)
for emergency notification in the event of an accidental spill or other hazardous materials
emergency during project site preparation and development activities. These procedures
shall include evacuation procedures, spill containment procedures, and required personal
protective equipment, as appropriate, in responding to the emergency.The contractor(s)
shall submit these procedures to the City of Cupertino for approval prior to demolition, site
preparation, or development activities.
Compliance with these mitigation measures may occur in coordination with compliance
with the Storm Water Pollution Prevention Plan and Best Management Practices required
for the proposed project(see Draft EIR Section V.G, Hydrology and Water Quality, for
additional detail).
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N. Impact HAZ-2: Exposure of construction workers and the public to
existing or previously unknown contamination in soil and/or
groundwater, other safety hazards encountered during site grading
and excavation activities, or exposure to hazardous materials
following project development could result in adverse health effects.
The Final EIR finds that the Project could result in exposure of construction workers and the
public to previously unknown contamination from soil and/or groundwater due to ground-
disturbing activities during site grading and excavation.
Implementation of Mitigation Measures HAZ-2a and HAZ-2b, set forth below,which are
hereby adopted and made a condition of project approval,would avoid or reduce these
impacts to less-than-significant levels.
Mitigation Measure HAZ-2a:
Construction at the project site shall be conducted under a project-specific Environmental
Site Management Plan(ESMP) that is prepared in consultation with the RWQCB.The
purpose of the ESMP is to protect construction workers, the general public, the
environment, and future site occupants from subsurface hazardous materials previously
identified at the project site and to address the possibility of encountering unknown
contamination or hazards in the subsurface.The ESMP shall summarize soil and
groundwater analytical data collected on the project site during past investigations;identify
management options for excavated soil and groundwater, if contaminated media are
encountered during deep excavations; and identify monitoring,irrigation, or other wells
requiring proper abandonment in compliance with local, State, and federal statutes and
regulations.
The ESMP shall include measures for identifying, testing, and managing soil and
groundwater suspected of or known to contain hazardous materials.The ESMP shall: 1)
provide procedures for evaluating,handling, storing, testing, and disposing of soil and
groundwater during project excavation and dewatering activities, respectively; 2) describe
required worker health and safety provisions for all workers potentially exposed to
hazardous materials in accordance with State and federal worker safety regulations; and 3)
designate personnel responsible for implementation of the ESMP.
Mitigation Measure HAZ-2b:
For areas at the project site with potential residual VOCs in soil, soil gas, or groundwater
that are planned for redevelopment with an overlying occupied building, a vapor intrusion
assessment shall be performed by a licensed environmental professional.These areas
include the northwestern corner of the site at the Hewlett-Packard Building 42 area and the
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10400 North Tantau Avenue property. If the results of the vapor intrusion assessment
indicate the potential for significant vapor intrusion into an occupied building, project
design shall include vapor controls or source removal, as appropriate,in accordance with
regulatory agency requirements.Soil vapor mitigations or controls could include passive
venting and/or active venting. The vapor intrusion assessment and associated vapor
controls or source removal can be incorporated into the ESMP(Mitigation Measure HAZ-
2a).
O. Impact HAZ-3: Demolition activities at the project site could result
in exposure to hazardous building materials.
The Final EIR finds that the Project could result in exposure to hazardous building materials
during the demolition of existing structures.
Implementation of Mitigation Measure HAZ-3, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure HAZ-3:
Hazardous building materials surveys shall be conducted by a qualified and licensed
professional for all structures,not previously inspected or abated, proposed for demolition
or renovation at the project site.ACM shall be included in the hazardous materials building
surveys for buildings constructed prior to 1981. Lead-based paint shall be included in all
hazardous material surveys.All loose and peeling lead-based paint and ACM shall be
abated by certified contractor(s)in accordance with local, State, and federal requirements.
All other hazardous materials, such as "universal wastes," shall be removed from buildings
prior to demolition in accordance with DOSH regulations. The completion of the abatement
activities shall be documented by a qualified environmental professional(s) and submitted
to the City of Cupertino prior to the issuance of construction and demolition permits
P. Impact HAZ-4: The Project involves hazardous or acutely hazardous
materials within 1/4-mile of a school.
The Final EIR finds that the Project involves the storage and use of hazardous or acutely
hazardous materials within 1/4-mile of a school.
Implementation of Mitigation Measure HAZ-4, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure HAZ-4:
Implement Mitigation Measures HAZ-1 and HAZ-2.
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Q. Impact TRANS-2: Under Existing plus Project Conditions,
completion of the proposed project would cause intersection #31
Tantau Avenue/Vallco Parkway to operate at an unacceptable level
(change from LOS C to LOS E+) during the AM peak hour based on
City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would cause intersection#31 Tantau Avenue/Vallco
Parkway to operate at an unacceptable level during the AM peak hour due to increased
congestion.
Implementation of Mitigation Measure TRANS-2, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels. Mitigation Measure TRANS-2 could have secondary impacts to the trees
along the east side of Tantau Avenue.The roadway would need to be widened to the east to
provide for a bike lane to the right of the travel lane and the sidewalk adjacent to the bike
lane. Therefore, secondary impacts associated with the removal of trees that are protected
under the City of Cupertino's Tree Protection Ordinance could occur. Impacts BIO-1 and
BIO-3 in Section V.D, Biological Resources in the Draft EIR address these potential
secondary impacts, and previously adopted Mitigation Measures BIO-1 and BIO-3 would
reduce these secondary impacts to a less-than-significant level.
Mitigation Measure TRANS-2:
At intersection#31 Tantau Avenue/Vallco Parkway, the project sponsor shall construct an
exclusive northbound through lane (for a total of one left-turn lane, one through lane, and
one shared through/right-turn lane), and a receiving lane on the north side of the
intersection which would improve intersection operations to acceptable LOS C (26.1
seconds).
R. Impact TRANS-4: Under Background Plus Project Conditions,
completion of the proposed project would exacerbate unacceptable
operations of intersection #5 De Anza Boulevard/Homestead Road
during the PM peak hour based on City of Cupertino LOS impact
thresholds.
The Final EIR finds that the Project would exacerbate unacceptable operations at
intersection#5 De Anza Boulevard/Homestead Road during the PM peak hour due to
increased congestion.
Implementation of Mitigation Measure TRANS-4, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.Mitigation Measure TRANS-4 could have secondary impacts associated
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with the removal of trees. Trees are protected under the City of Cupertino's Tree Protection
Ordinance. Impacts BIO-1 and BIO-3 in Section V.D, Biological Resources in the Draft EIR
address these potential secondary impacts related to potential tree removal, and previously
adopted Mitigation Measures BIO-1 and BIO-3 would reduce these secondary impacts to a
less-than-significant level.
MitigaHon Measure TRANS-4:
At intersection#5 De Anza Boulevard/Homestead Road the project sponsor shall construct
an exclusive southbound right-turn lane(for a total of two left-turn lanes, three through
lanes, and one right-tum lane) which would improve intersection operations to LOS E+.
Although still considered an unacceptable LOS based on Cupertino's standards, this
mitigation measure would improve operations over Background No Project Conditions.
S. Impact TRANS-6: Under Background plus Project Conditions,
completion of the proposed project would cause intersection #27
Tantau Avenue/Homestead Road to operate at an unacceptable level
(change from LOS D+to LOS E) during the AM peak hour based on
City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would cause intersection#27 Tantau Avenue/Homestead
to operate at an unacceptable level during the AM peak hour due to increased congestion.
Implementation of Mitigation Measure TRANS-6,set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these im.pacts to less-than-
significant levels. Mitigation Measure TRANS-6 could have secondary impacts associated
with the removal of trees. Trees are protected under the City of Cupertino's Tree Protection
Ordinance. Impacts BIO-1 and BIO-3 in Section V.D,Biological Resources in the Draft EIR
address these potential secondary impacts related to potential tree removal, and previously
adopted Mitigation Measures BIO-1 and BIO-3 would reduce these secondary impacts to a
less than significant level.
MiEigation Measure TRANS-6:
At intersection#27 Tantau Avenue/Homestead Road the project sponsor shall construct an
exclusive right-tum lane from eastbound Homestead Road to southbound Tantau Avenue
(for a total of one eastbound left-turn lane, two eastbound through lanes, and one eastbound
right-turn lane), which would improve intersection operations to acceptable LOS D- (52.6
seconds).
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T. Impact TRANS-7: Under Background plus Project Conditions,
completion of the proposed project would cause intersection #31
Tantau Avenue/Vallco Parkway to operate at an unacceptable level
(change from LOS C to LOS E+) during the AM peak hour based on
City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would cause intersection#31 Tantau Avenue/Vallco
Parkway to operate at an unacceptable level during the AM peak hour due to increased
congestion.
Implementation of Mitigation Measure TRANS-7, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-7:
At intersection#31 Tantau Avenue/Vallco Parkway, the project sponsor shall implement
Mitigation Measure TRANS-2 (add exclusive northbound through lane), which would
improve intersection operations to acceptable LOS C (28.7 seconds).
U. Impact TRANS-8: Under Background plus Project Conditions,
completion of the proposed project would cause intersection #32
Tantau Avenue/Stevens Creek Boulevard to operate at an
unacceptable level (change from LOS D to LOS E-) during the PM
peak hour based on City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would cause intersection#32 Tantau Avenue/Stevens
Creek Boulevard to operate at an unacceptable level during the PM peak hour due to
increased congestion.
Implementation of Mitigation Measure TRANS-8,set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-8:
At intersection#32 Tantau Avenue/Stevens Creek Boulevard, the project sponsor shall
construct a 100-foot exclusive southbound right-turn lane (for a total of two southbound
left-turn lanes and one southbound right-turn lane), with associated improvements in the
right-of-way, which would improve intersection operations to acceptable LOS D (46.8
seconds).
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V. Impact TRANS-12: Under Cumulative plus Project Conditions,
completion of the proposed project would exacerbate unacceptable
operations of intersection #5 De Anza Boulevard/Homestead Road
during the PM peak hour based on City of Cupertino LOS impact
thresholds.
The Final EIR finds that the Project would exacerbate unacceptable operations of
intersection#5 De Anza Boulevard/Homestead Road during the PM peak hour due to
increased congestion.
Implementation of Mitigation Measure TRANS-12, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-12:
At intersection#5 De Anza Boulevard/Homestead Road intersection, the project sponsor
shall implement Mitigation Measure TRANS-4(add exclusive southbound right-turn lane),
which would improve intersection operations to LOS E+(58.9 seconds). Though LOS E+is
not considered acceptable at the#5 De Anza Boulevard/Homestead Road intersection, the
LOS would improve to better operating conditions than under the Cumulative No Project
scenario and the impact would be considered less than significant.
W. Impact TRANS-15: Under Cumulative plus Project Conditions,
completion of the proposed project would exacerbate unacceptable
operations of intersection #23 Wolfe Road/Vallco Parkway during
the PM peak hour based on City of Cupertino LOS impact
thresholds.
T'he Final EIR finds that the Project would exacerbate unacceptable operations at
intersection #23 Wolfe Road/Vallco Parkway during the PM peak hour due to increased
congestion.
Implementation of Mitigation Measure TRANS-15, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-15:
The project sponsor shall contribute a pro rata share to modify the traffic signal operations
to provide an overlap phase for the westbound right-turn movement, which would provide
for a green right-turn arrow while the southbound left-tum movement has its green time.
Southbound U-turns shall also be prohibited. To accommodate the overlap phase the
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geometries at the westbound approach would be modified to provide one left-turn lane, one
shared left-turn/through lane, and two right-turn lanes.
Providing a westbound overlap phase could have secondary impacts, since southbound
vehicles wanting to travel northbound would have to travel to the Stevens Creek
Boulevard/Wolfe Road intersection to access northbound Wolfe Road. Field observations
were conducted to determine the existing percentage of vehicles making U-tums at the
intersections. The field data was used to estimate the impact of diverting U-turns from
Vallco Parkway to Stevens Creek Boulevard.T'he LOS results show that both the Wolfe
Road/Vallco Parkway (42.4 seconds and LOS D) and Stevens Creek Boulevard/Wolfe Road
intersections(49.9 seconds and LOS D) would operate acceptably with the proposed
southbound U-turn restrictions at the Wolfe Road/Vallco Parkway intersection. The project
impact would be reduced to a less-than-significant level.
X. Impact TRANS-16: Under Cumulative plus Project Conditions,
completion of the proposed project would cause intersection #27
Tantau Avenue/Homestead Road to operate at an unacceptable level
(change from LOS D+to LOS E) during the AM peak hour based on
City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would cause intersection#27 Tantau Avenue/Homestead
Road to operate at an unacceptable level during the AM peak hour due to increased
congestion.
Implementation of Mitigation Measure TRANS-16, set forth below, which is hereby adopted
and made a condition of project approval,would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-16:
At intersection#27 Tantau Avenue/Homestead Road, the project sponsor shall implement
Mitigation Measure TRANS-6 (add exclusive eastbound right-turn lane), which would
improve intersection operations to acceptable LOS D- (52.6 seconds).
Y. Impact TRANS-17: Under Cumulative plus Project Conditions, the
project would cause intersection #31 Tantau Avenue/Vallco Parkway
to operate at an unacceptable level (change from LOS C to LOS E+)
during the AM peak hour based on City of Cupertino LOS impact
thresholds.
The Final EIR finds that the Project would cause intersection#31 Tantau Avenue/Vallco
Parkway to operate at an unacceptable level during the AM peak hour due to increased
congestion.
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Implementation of Mitigation Measure TRANS-17, set forth below, which is hereby adopted
and made a condition of project approval,would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-17:
At intersection#31 Tantau Avenue/Vallco Parkway, the project sponsor shall implement
Mitigation Measure TRANS-2 (add exclusive northbound through lane), which would
improve intersection operations to LOS C(28.7 seconds).
Z. Impact TRANS-18: Under Cumulative plus Project Conditions,
completion of the proposed project would cause intersection #32
Tantau Avenue/Stevens Creek Boulevard to operate at an
unacceptable level (change from LOS D- to LOS F) during the PM
peak hour based on City of Cupertino LOS impact thresholds.
The Final EIR finds that the Project would cause intersection#32 Tantau Avenue/Stevens
Creek Boulevard to operate at an unacceptable level during the AM peak hour due to
increased congestion.
Implementation of Mitigation Measure TRANS-18, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
MiHgation Measure TRANS-18:
At intersection#32 Tantau Avenue/Stevens Creek Boulevard, the project sponsor shall
implement Mitigation Measure TRANS-8(add exclusive southbound right-turn lane), which
would improve intersection operations to LOS D (49.4 seconds).
AA. Impact TRANS-23: Based on City of Cupertino standards, the design
of the project with three left-turn lanes on the Wolfe Road driveway
approach would cause a substantial increase in conflicts due to
vehicles weaving on Wolfe Road between the driveway and the I-280
ramps in order to merge and align into the correct lanes to enter the
freeway upon exiting the campus.
The Final EIR finds that the Project would cause a substantial increase in conflicts due to
vehicles weaving on Wolfe Road between the Project driveway and the I-280 ramps in order
to access the freeway upon exiting the campus. The Draft EIR fully analyzes the impacts of
three left turns lanes exiting the project site on to Wolfe Road (see Draft EIR, pp.414-418),
and concludes that the impacts on traffic operations would be less than significant but that a
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three-lane driveway exit design would have a significant impact on safety due to
"weaving." Mitigation Measure TRANS-23, identified in the Draft EIR, requires the number
of driveway left turn lanes to be reduced from three to two and would reduce this impact to
a less-than-significant level(Draft EIR, pp. 416-418).
At the request of the project sponsor, the City considered an alternative mitigation measure
that would allow three left turn lanes exiting the project site on to Wolfe Road. The project
sponsor requested the City to consider replacing Mitigation Measure TRANS-23 with a
mitigation measure that would reduce the weaving impact to a less-than-significant level,
without requiring a reduction to two lanes, through the use of clear signage at the exit
approach including overhead signs, painted directions on lanes and appropriate lane
striping;internal employee education; and traffic monitors. The project sponsor proposed
that these measures would be implemented for a nine-month period during which the
driveway exit would be monitored by an independent observer at the expense of the project
sponsor. If the weaving behavior predicted by the EIR is observed, the third lane would be
closed.
City staff and Fehr&Peers reviewed two versions of the proposed, alternative mitigation
measure--one with penalties for weaving violations (TRANS-23(Alternate)) and one
without penalties(TRANS-23 (Second Alternate)) --for their ability to mitigate the weaving
impacts, and the City has concluded that Mitigation Measure TRANS-23 (Alternate), set
forth below,which is hereby adopted and made a condition of project approval,would
avoid or reduce these impacts to less-than-significant levels.
Mitigation Measure TRANS-23 (Alternate):
The project sponsor may be permitted to construct three left-turn exit lanes from the project
site to Wolfe Road if all of the following measures are implemented:
• Clear signage, including but not limited to overhead signs, shall be installed
to indicate the destination of each of the three exit lanes in order to
discourage unsafe lane changes.
• Each lane on Wolfe Road,between the driveway and Pruneridge Avenue,
shall be clearly marked by painted stripes, directional arrows and destination
legends to indicate the destination of each lane and to indicate by double
lines or other appropriate markings that changing lanes is a violation of law.
• The project sponsor shall fund the following measures for a trial period of
nine months from issuance of the first certificate of occupancy and
continuing until nine months after full occupancy of the Main Building, and
shall install closed-circuit video cameras linked to the City's Traffic
Operations Center to continuously record vehicle movements at the project
driveway and along southbound Wolfe Road. Trained personnel, who are
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independent from the project sponsor, shall periodically review the video
footage at the direction of the City, and provide a report at the end of each
month to the Public Works Department. This report shall document any
unsafe or illegal lane changes (violations) observed,noting accidents caused
by unsafe lane changes and noting whether, in the professional judgment of
the independent observer, the observed violations constitute a safety problem
that should be addressed and, if so, recommending measures to address
them.
• If, at any time following the nine-month trial period implementation of the
measures listed above do not substantially prevent violations,in the
professional opinion of the independent observer and the City,the City shall
determine whether additional measures are required, or whether the number
of lanes must be reduced to two exit lanes. If the number of lanes is reduced
to two, monitoring shall be discontinued.
• A penalty of$500 per violation during the PM 2-hour peak period per day
shall be paid by the project sponsor to the City. The number of violations
shall be determined by the independent observer based upon review of the
video footage and extrapolated to account for daily activity during the PM 2-
hour peak period should daily video footage not be reviewed.
• The project sponsor shall develop employee education materials, to the
satisfaction of the City explaining the proper use of the driveway exit lanes
without weaving among lanes.
BB. Impact TRANS-24: Completion of the proposed project would cause
excessive vehicle queues on the southbound Tantau Avenue at
Vallco Parkway based on City of Cupertino standards.
The Final EIR finds that the Project would cause excessive vehicle queues on southbound
Tantau Avenue at Vallco Parkway.
Implementation of Mitigation Measure TRANS-24, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-24:
The project sponsor shall provide a dedicated southbound right-turn lane at the Tantau
Avenue/Vallco Parkway intersection.
CC. Impact TRANS-27: The proposed location of the project driveway
intersection on Wolfe Road and the associated congestion would
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result in hazards for vehicles exiting the southernmost Wolfe Road
driveway to the Cupertino Village shopping center (City of
Cupertino and CEQA).
The Final EIR finds that the Project would result in hazards for vehicles e�citing the
southernmost Wolfe Road driveway to the Cupertino Village shopping center due to
congestion.
Implementation of Mitigation Measure TRANS-27(Second Alternate), set forth below,
which is hereby adopted and made a condition of project approval,would avoid or reduce
these impacts to less-than-significant levels.
Mitigation Measure TRANS-27(Second Alternate):
The southernmost driveway to Cupertino Village shall be retained as a right-turn in and out
driveway with the implementation of adequate safety features approved by the Director of
Public Works. These safety features, such as added traffic signal heads and signage, shall
prohibit vehicles turning right out of the driveway when southbound Wolfe Road traffic has
a red signal indication at the intersection of Wolfe Road and the project driveway. The
safety features shall also accommodate pedestrians crossing Wolfe Road.
DD. Impact TRANS-30: The added traffic on Wolfe Road and around the
project site would result in increased congestion and could induce
transit demand and increase transit ridership in the area,which
currently has minimal transit stop amenities (VTA).
The Final EIR finds that the Project would increase congestion and potentially increase the
demand for transit in the area.
Implementation of Mitigation Measure TRANS-30, set forth below,which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-30:
The project sponsor shall upgrade transit stops along Wolfe Road between Stevens Creek
Boulevard and Homestead Road, on Vallco Parkway between Wolfe Road and Tantau
Avenue, and on Tantau Avenue between Stevens Creek Boulevard and Homestead Road.
EE. Impact TRANS-35: The project may result in a parking shortfall if
Apple does not achieve a 34 percent TDM participation rate.
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The Final EIR finds that the Project might result in a parking shortfall if Apple does not
achieve a 34 percent TDM participation rate due to the limited parking availability on the
project site.
Implementation of Mitigation Measure TRANS-35, set forth below, which is hereby adopted
and made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure TRANS-35:
Implement Mitigation Measure TRANS-9b.
FF. Impact NOI-1: Project-related construction activities would create a
clearly noticeable temporary change in the noise environment and
create noise levels that would exceed the noise level standards in the
City of Cupertino Municipal Code.
The Final EIR finds that the Project will create a noticeable temporary change in the noise
environment and generate noise levels that would exceed the noise level standards of the
City.
Implementation of Mitigation Measure NOI-1, set forth below, which is hereby adopted and
made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure NOI-1:
The project applicant shall implement the following measures at the project site during all
demolition and construction activities, subject to the approval of the City:
• The project applicant shall ensure the construction of a 15-foot high temporary sound
wall along the project's property line adjacent to sensitive land uses.
• A temporary sound wall shall be constructed along the eastern project property line to
block the line-of-sight from the single-family residential land uses on Howard Drive and
Meadow Avenue to project construction areas on the east side of North Tantau Avenue.
This sound wall shall be set back from the property line as much as feasible to still allow
for project construction activities to occur.
• A temporary sound wall shall be constructed along the southern project property line to
block the line-of-sight from The Hamptons to project construction areas in the southwest
portion of the project site. This sound wall shall be set back from the property line as
much as feasible to still allow for project construction activities to occur.
• A temporary sound wall shall be constructed along the northern project property line to
block the line-of-sight from the single-family residential properties north of East
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Hornestead Road to project construction areas in the northern portion of the project site.
This sound wall shall be set back from the property line as much as feasible to still allow
for project construction activities to occur.
. The project contractor shall designate a construction liaison that shall be responsible for
responding to any local complaints about construction noise. The liaison shall determine
the cause of the noise complaints (e.g., starting too early,bad muffler) and institute
reasonable measures to correct the problem. A telephone number for the liaison shall be
conspicuously posted at the perimeter of the construction site and provided to all
adjacent property owners prior to commencement of construction.
• The project contractor shall ensure that all construction equipment has appropriate high-
quality noise muffling and abatement devices,which would be properly maintained and
used at all times such equipment is in operation.
• The project contractor shall, to the extent feasible,place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors nearest the
project site.
. Exterior project noise-generating construction activities (i.e., grading, construction and
demolition) shall be permitted withix1750 feet of any residentially zoned property only
between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, and between the hours of
9:00 a.m. and 6:00 p.m. on weekends. No such work shall be permitted on holidays (i.e.,
New Year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day), except as approved by the Community Development Director. A Noise
Variance may be obtained from the Noise Control Officer for each occurrence of specific
temporary construction activities.
• Construction activities, other than street construction, shall be prohibited on holidays,
unless they meet the City of Cupertino's nighttime maximum permissible noise level
standards.
GG. Impact NOI-2: Implementation of the project would result in a
significant contribution to cumulative traffic noise levels
experienced in the project vicinity.
The Final EIR finds that the Project will result in a significant contribution to cumulative
traffic noise levels in the project vicinity.
Implementation of Mitigation Measure NOI-2, set forth below, which is hereby adopted and
made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure NOI-2:
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The project sponsor shall resurface the following roadway segments with RHMA-O or
similar quiet pavement:
• East Homestead Road, from North Wolfe Road to North Tantau Avenue; and
• North Wolfe Road, from Pruneridge Avenue to the I-280 northbound ramps.
HH. Impact AIR-4: Without the construction practices identified in the
Apple Campus Construction Equipment Summary, construction of the
proposed project would expose sensitive receptors to substantial
pollutant concentrations.
The Final EIR finds that the Project would expose sensitive receptors to substantial pollutant
concentrations if the construction practices identified in the Apple Campus Construction
Equipment Summary are not followed.
Implementation of Mitigation Measure AIR-4, set forth below, which is hereby adopted and
made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure AIR-4:
The project sponsor shall implement Mitigation Measure AIR-1 and the following additional
measure:
• To the maximum extent feasible,material staging roads shall be set back from the curb
by at least 65 feet.
II. Impact PSU-1: The proposed project could adversely affect the
ability of the Santa Clara Counfy Fire Department (SCCFD) to meet
response time objectives.
The Final EIR finds that the Project could affect the ability of the SCCFD to meet response
time objectives due to increased congestion.
Implementation of Mitigation Measure PSU-1, set forth below, which is hereby adopted and
made a condition of project approval, would avoid or reduce these impacts to less-than-
significant levels.
Mitigation Measure PSU-1:
The project sponsor shall implement signal preemption signals at the following intersections
(identified by the City and SCCFD as the ones most likely to be used by emergency vehicles
accessing the project site). The signal preemption signals would allow emergency vehicles to
pass through approximately 30 seconds before arrival.
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• North Blaney Avenue and East Homestead Road
• North Tantau Avenue and East Homestead Road
• North Tantau Avenue and Pruneridge Avenue
• North Tantau Avenue and Vallco Parkway
• North Tantau Avenue and Project Entrance
• North Wolfe Road and Pruneridge Avenue
• North Wolfe Road and Project Entrance
• North Wolfe Road and East Homestead Road
• North Wolfe Road and I-280 (two interchanges)
• North Wolfe Road and Vallco Parkway
• Stevens Creek Boulevard and Perimeter Road
• Stevens Creek Boulevard and Finch Avenue
• Stevens Creek Boulevard and Tantau Avenue
• Heron Avenue and East Homestead Road
VII. CUMULATIVE IMPACTS
A Final EIR is required to discuss the cumulative impacts of a project when the project's
incremental effect is cumulatively considerable. State CEQA Guidelines� 15130(a)(1).
CEQA defines cumulative impacts as "two or more individual effects,which, when
considered together, are considerable, or which can compound or increase other
environmental impacts." Section 15130 of the State CEQA Guidelines requires that an EIR
evaluate potential environmental impacts that are individually limited but cumulatively
significant. These impacts can result from the project alone, or together with other projects.
Section 15355 of the State CEQA Guidelines states: "The cumulative impact from several
projects is the change in the environment which results from the incremental impact of the
Project when added to other closely related past,present, and reasonably foreseeable
probable future projects." Cumulative impacts can result from individually minor but
collectively significant projects taking place over a period of time. "Cumulatively
considerable" means that the incremental effects of the Project are significant when viewed
in connection with the effects of past projects, other current projects, and probable future
projects. State CEQA Guidelines� 15065(a)(3);Pub. Resources Code�21083(b)(2).
When evaluating cumulative impacts, CEQA allows the use of either a list of past,present,
and probable future projects, including projects outside the control of the lead agency, or a
summary of projections in an adopted planning document. The cumulative analysis in the
Final EIR uses primarily the first approach: a list of past, present, and probable future
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projects. This list is included in the Draft EIR Appendix F and includes a mix of infill
projects in the City, including residential, commercial, and institutional projects ranging
from new hotels to senior residential developments.
The Final EIR analyzes the cumulative impacts of the Project in combination with
reasonably foreseeable probable future projects at the end of each topical section and are
further summarized below. As explained in Section X,below, the findings in this Section are
based on the Final EIR, the discussion and analysis in which is hereby incorporated in full
by this reference.
A. Cultural Resources
The project, in conjunction with other development in Cupertino,has the potential to affect
cultural resources. If a potential for significant impacts to cultural resources is identified at
the time development is proposed, an investigation is required to determine the nature and
extent of the resources and identify appropriate mitigation measures.Therefore, past,
present, and reasonably foreseeable future development in Cupertino is not expected to
have a significant effect on cultural resources.
The number of historic resources in the City has diminished substantially as the City has
urbanized;remaining resources(e.g., Union Church of Cupertino and Nathan Hall Tank
House) are generally surrounded by modern development. However, these resources are
generally protected in place by the City's Historic Preservation Policy. If relocation is
proposed for any individual resource, the merits of this relocation would be evaluated on a
case-by-case basis. The provisions of the Historic Preservation Policy would be expected to
prevent a significant loss(or inappropriate relocation) of remaining historic resources in the
City. Therefore, future development in the City is not expected to result in a significant
cumulative effect on historic resources.
The project is not anticipated to have a significant impact on cultural resources, with
implementation of the mitigation measures identified in this section. As discussed in Section
VI, above, Relocation of Glendenning Barn in accordance with Mitigation Measures CULT-
1a or CULT-lb would avoid adverse impacts to the historic integrity of the barn or ensure
these cumulative impacts are reduced to a less-than-significant level. Therefore, the Project
would not make a significant contribution to cumulative cultural resources impacts.
B. Transportation and Circulation
Development of the Project, along with past, present, and reasonably foreseeable future
projects, would increase traffic on the local and regional roadway system. As discussed in
Section VI, above, implementation of the mitigation measures in the Final EIR, the following
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transportation impacts would be considered to have a less-than-significant contribution to a
cumulative impact:
• Impact TRANS-12:Under Cumulative plus Project Conditions, completion of the Project
would exacerbate unacceptable operations of intersection#5 De Anza
Boulevard/Homestead Road during the PM peak hour based on City of Cupertino LOS
impact thresholds.
. Impact TRANS-15: Under Cumulative plus Project Conditions, completion of the Project
would exacerbate unacceptable operations of intersection#23 Wolfe Road/Vallco
Parkway during the PM peak hour based on City of Cupertino LOS impact thresholds.
• Impact TRANS-16:Under Cumulative plus Project Conditions, completion of the Project
would cause intersection#27 Tantau Avenue/Homestead Road to operate at an
unacceptable level(change from LOS D+to LOS E) during the AM peak hour based on
City of Cupertino LOS impact thresholds.
. Impact TRANS-17:Under Cumulative plus Project Conditions, the Project would cause
intersection#31 Tantau Avenue/Vallco Parkway to operate at an unacceptable level
(change from LOS C to LOS E+) during the AM peak hour based on City of Cupertino
LOS impact thresholds.
• Impact TRANS-18:Under Cumulative plus Project Conditions, completion of the Project
would cause intersection#32 Tantau Avenue/Stevens Creek Boulevard to operate at an
unacceptable level(change from LOS D-to LOS F) during the PM peak hour based on
City of Cupertino LOS impact thresholds.
As discussed in Section V, implementation of the mitigation measures in the Final EIR, the
following transportation impacts would be considered a significant and unavoidable
contribution to a cumulative impact:
. Impact TRANS-13: Under Cumulative plus Project Conditions, completion of the Project
would cause intersection#8 De Anza Boulevard/Stevens Creek Boulevard to operate at
an unacceptable level(change from LOS E+to LOS E) during the PM peak hour based
on City of Cupertino LOS impact thresholds.
. Impact TRANS-14:Under Cumulative plus Project Conditions, completion of the Project
would cause intersection#21 Wolfe Road/I-280 Northbound Ramps to operate at an
unacceptable level(change from LOS B to LOS E) during the AM peak hour based on
City of Cupertino LOS impact thresholds.
• Impact TRANS-19:Under Cumulative plus Project Conditions, completion of the Project
would exacerbate unacceptable operations of intersection#36 Stevens Creek
Boulevard/Calvert Drive/I-280 Ramps (west) during the PM peak hour based on CMP
guidelines.
. Impact TRANS-20:Under Cumulative plus Project Conditions, completion of the Project
would cause operations of intersection#40 Stevens Creek Boulevard/Lawrence
I-60
Expressway Ramps (east) to operate at an unacceptable level(change from LOS D to
LOS F) during the AM peak hour based on CMP guidelines.
• Impact TRANS-21:Under Cumulative plus Project Conditions, completion of the Project
would cause operations of intersection#41 Lawrence Expressway/I-280 Southbound
Ramps to operate at an unacceptable level(change from LOS E to LOS F) during the PM
peak hour based on CNIl'guidelines.
C. Noise
Project-related increases in traffic noise levels would create a cumulatively considerable
contribution of the Project to noise conditions along some roadway segments in the project
vicinity. A full discussion of the impacts related to increased traffic noise can be found in the
Draft EIR Section V., Noise. As discussed in Section VI, above, implementation of Mitigation
Measure NOI-2,would avoid or reduce cumulative impacts discussed in Impact NOISE-2 to
less-than-significant levels.
D. Air Quality
Implementation of the project, in combination with other past,present, and reasonably
foreseeable future project,would generate additional air pollutant emissions in the air basin,
primarily due to vehicle trips. Construction and operation of the Project would result in a
significant contribution to criteria pollutant emissions in the air basin, as discussed in
Impact AIR-3 and Mitigation Measure AIR-3 in Section V, above. This cumulative impact
would remain significant and unavoidable even with the implementation of Mitigation
Measure Air-3 identified in the Final EIR.
However, the Project's contribution to construction-period or operation-period health risk
impacts due to exposure to criteria pollutants would be less than significant.
VIII. GROWTH INDUCING IMPACTS
An EIR is required to discuss growth inducing impacts, which consist of the ways in which
the project could foster economic or population growth, or the construction of additional
housing, either directly or indirectly, in the surrounding environment. State CEQA
Guidelines� 15126.2(d);Pub. Resources Code�21100(b)(5).Direct growth inducement
would result, for example,if a project involves the construction of substantial new housing
that would support increased population in a community or establishes substantial new
permanent employment opportunities. This additional population could, in turn, increase
demands for public utilities, public services,roads, and other infrastructure. Indirect growth
inducement would result if a project stimulates economic activity that requires physical
development or removes an obstacle to growth and development(e.g., increasing
infrastructure capacity that would enable new or additional development). It must not be
assumed that growth in any area is necessarily beneficial, detrimental, or of little
significance to the environment. State CEQA Guidelines� 15126.2(d). Section VII of the
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Draft EIR analyzes the growth inducing impacts of the Project. As explained in Section X,
below, the findings in this Section are based on the Final EIR, the discussion and analysis in
which is hereby incorporated in full by this reference.
Implementation of the Project would not result in direct population growth because the
Project does not include the development of new housing units. However, as discussed in
the Draft EIR Section V.C, Population, Employment, and Housing, the Project could
indirectly increase the area's population through an expansion of employment.
Nevertheless, overall indirect population growth associated with the Project would not be
considered significant when evaluated on a regional or sub-regional level.Assuming every
new employee associated with the Project would move to the area from elsewhere(which
would substantially overestimate the likely number of new residents generated by the
Project), the Project would generate 9,356 new residents.
This employment-related population growth would be a relatively small percentage
(approximately 7.9 percent) of the population growth expected in Santa Clara County
between 2015 and 2020 (117,800). In addition, the actual number of new residents generated
by the Project would be substantially lower than 9,356,because that number is very
conservative in that it does not account for new employees that currently live in the area
(and thus would not increase the population by filling a job on the project site). Therefore,
the impact of the Project on regional and sub-regional population growth would be even
further reduced. The total population growth associated with the Project(assuming every
new employee moves to the region from elsewhere) would comprise 2.7 percent of the
population growth expected in the Bay Area region between 2015 and 2020(340,500).
This growth would be considered less than significant because the project site is an
appropriate place for employment growth. As described in the Draft EIR Chapter IV,
Planning Policy, the City's General Plan policies support retaining and intensifying
employment at the project site(Policies 2-1, 2-13,2-35 and 2-44, and Strategy 3 of Policy 2-
20). Because the project site is located within an existing urbanized area and would be
served by an enhanced Transportation Demand Management Program, including the Apple
transit system, anticipated employment growth could be associated with reduced regional
environmental impacts compared to a similar project in a location on the urban fringe
(where commute distances may be longer, and where a similar range of transit options may
not be available). In addition, growth on the project site would be accommodated with
substantial provision of private open space and the development of a campus that would
result in no net increase in greenhouse gas emissions. Therefore, the growth that would
occur as a result of the Project would not be considered substantial or adverse.
IX. ALTERNATIVES
The Final EIR analyzed four alternatives to the Project, examining the environmental
impacts and feasibility of each alternative, as well as the ability of the alternatives to meet
project objectives. The Project and the project objectives are described in detail in the Final
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EIR Chapter III,Project Description, and the potential environmental effects of
implementing the Project are analyzed in Chapter V,Setting, Impacts and Mitigation
Measures, including discussion of significant impacts resulting from the Project and
mitigation measures recommended to avoid these impacts.
Brief summaries of the alternatives are provided below.A brief discussion of the
Environmentally Superior Alternative is also included. As explained in Section X,below, the
findings in this Section are based on the Final EIR, the discussion and analysis in which is
hereby incorporated in full by this reference.
A. The No Project Alternative
CEQA requires consideration of a no project alternative. Consistent with the State CEQA
Guidelines, the No Project Alternative assumes that the site would generally remain in its
existing condition. The site would remain developed with low-rise buildings (comprising
approximately 2,657,000 square feet of building space)used for office and research and
development uses. Apple employees would ultimately occupy all buildings within the
project site and,because some existing buildings are only partially occupied, the number of
employees on the site would increase from approximately 4,844 under existing conditions to
approximately 9,800 (a net increase of 4,956 employees).
No major construction projects would occur on the site, although minor building
renovations could occur in the short-term to change the configuration of interior building
space. None of these renovations would substantially increase the employee capacity of the
site.
The amount of surface parking (9,220 parking spaces) and open space (approximately 43
acres) on the site would remain the same as existing conditions and Glendenning Barn
would remain at its present location. In addition, the segment of Pruneridge Avenue within
the site would not be vacated by the City and would remain a public right-of-way. No new
security fence would be developed around the perimeter of the site(a portion of the site is
already bounded by fencing), although security mechanisms might be implemented around
individual buildings or groups of buildings. No changes to off-site roadways(including
North Wolfe Road, East Homestead Road, and North Tantau Avenue) would occur. None of
the requested entitlements and approvals sought as part of the Project(including General
Plan and Zoning Ordinance amendments) would be required.
The No Project Alternative would avoid all potential construction-related impacts to
biological resources, cultural resources,hydrology and water quality,hazards and
hazardous materials,noise, and air quality,because no new facilities would be constructed
and the use of construction equipment, site grading, earth work, paving or faculties
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construction would be avoided. The No Project Alternative would also avoid operational
impacts associated with land use and planning policy, aesthetics,biological resources,
cultural resources, transportation and circulation, and noise because the occupancy of the
site could increase to only 9,800 employees instead of the 14,200 employees anticipated by
the Project.
The No Project Altemative would not achieve any of the City's project objectives, which are
as follows:
• Encourage the retention of Apple's corporate headquarters in Cupertino within a world
class corporate campus.
• Allow for the expansion of Apple's operations while enhancing the physical
environment of the project area and being sensitive to community needs.
• Allow for the location and design of Phase 2 of the Project in a way that is sensitive to
surrounding neighborhoods.
. Preserve the City's existing and planned park space.
. Preserve and enhance the historic integrity of Glendenning Barn and provide for its
adaptive reuse and relocation.
. Protect the ripazian zone around Calabazas Creek.
• Enhance environmental features within the project area, including stormwater quality
within the City storm drain system and receiving water bodies.
• Maintain consistency with Cupertino's 2000-2020 General Plan and further General Plan
goals and strategies for economic development,neighborhood connectivity, and urban
conservation.
. Provide connections and enhance walkability/bikeability between the project site and
surrounding areas,while promoting the mobility of Apple employees and the public
throughout the Vallco Industrial Park and the greater region.
• Improve traffic circulation, traffic volumes and level of service(LOS) through a
combination of consolidation of office locations and additional TDM measures.
• Increase the use of landscaping compared to paved parking and thereby enhance the
urban environment,reduce impervious surfaces, and reduce storm water runoff.
. Retain and improve bike and pedestrian connectivity between the project site and
surrounding areas.
• Avoid additional fiscal impacts to the City from the Project by cost reimbursement and
the collection of fees covering the City's actual costs.
. Encourage public art placed in locations visible to the public.
• Increase City revenues from the Project in order to enhance the City's general fund.
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The No Project Alternative would not achieve any of the project sponsor's objectives,
including the following:
Primary Objectives:
• Create an innovative and beautiful campus near Apple's Infinite Loop facility that
consolidates many of Apple's engineers and support personnel in a single distinctive
office, research and development building, and supporting facilities. The purpose of
consolidation is to promote shared creativity and collaboration and spur invention of the
next several generations of Apple products.
• Achieve the security and privacy required for the invention of new products by
eliminating any public access through the site, and protecting the perimeters against
unauthorized persons.
Secondary Objectives:
• Maximize green space, and design this space in accordance with the climate and history
of the area.
• Provide on-site amenities for Apple's employees in order to promote employees' health
and well-being and reduce off-campus travel.
• Provide an on-site venue for the introduction of Apple's new products that will generate
surprise and delight, and enable the products to be introduced at Apple's corporate
home.
• Create a physically unified campus community that improves internal circulation and
eliminates unnecessary access points by consolidating the existing properties within one
campus.
• Create a campus plan that incorporates flexibility to respond to Apple's future business
needs.
For the foregoing reasons, the No Project Alternative is hereby rejected.
B. The Pruneridge Avenue Alternative
The Pruneridge Avenue Alternative would allow for the development of a new corporate
campus while preserving the segment of Pruneridge Avenue within the site as a public
right-of-way. The site would be approximately 4.6 acres smaller in order to preserve the
Pruneridge Avenue right-of-way.Under this alternative, the preservation of Pruneridge
Avenue would require adjustments to the Project's security program, transportation
logistics, utility infrastructure, employee and building services operations,building
configuration and location, open space provision, access points, construction logistics, and
many other elements of the Project.
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The Pruneridge Avenue Alternative would generally require the same entitlements and
approvals as the Project,except that Pruneridge Avenue would not be vacated. Such
entitlements, approvals and General Plan amendments would not be required as part of this
alternative, although a General Plan amendment would be required if the Main Building
were to have a height in excess of 60 feet.
Contrary to the City's objectives, the Pruneridge Avenue Alternative would discourage the
retention of Apple's corporate headquarters because Apple might not proceed with the
alternative. The loss of Apple's corporate headquarters would result in an adverse fiscal
impact on the City. Otherwise, the Pruneridge Avenue Alternative would substantively
achieve the City's objectives for the Project.
The Pruneridge Avenue Alternative would avoid the land use and planning policy impacts
and transportation and circulation impacts related to the closure of Pruneridge Avenue. The
Pruneridge Avenue Alternative would not reduce impacts to traffic,noise, air quality,
housing/population, and public services or reduce construction-related impacts.
The Pruneridge Avenue Alternative would not achieve the following project sponsor
objectives for the Project:
Primary Objective:
. Achieve the security and privacy required for the invention of new products by
eliminating any public access through the site, and protecting the perimeters against
unauthorized persons.
Secondary Objectives:
• Create a physically unified campus community that improves internal circulation and
eliminates unnecessary access points by consolidating the existing properties within one
campus.
• Create a campus that reflects Apple's business and design practices, and allows for a
long-term presence in Cupertino.
In addition, the following project sponsor objectives would be achieved,but to a lesser
extent than the Project:
Primary Objective:
• Create an innovative and beautiful campus near Apple's Infinite Loop facility that
consolidates many of Apple's engineers and support personnel in a single distinctive
office, research and development building, and supporting facilities. The purpose of
consolidation is to promote shared creativity and collaboration and spur invention of the
next several generations of Apple products.
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(Although the Pruneridge Avenue Alternative would allow Apple to consolidate
many of its engineers and support personnel in a single distinctive office,research and
development building, and support facilities, the unified open space is an important
part of creating an environment that promotes shared creativity and collaboration.
Dividing the campus with Pruneridge Avenue would impede that aspect of this
Primary Objective.)
Secondary Objectives:
• Maximize green space, and design this space in accordance with the climate and history
of the area.
• Exceed economic, social, and environmental sustainability goals through integrated
design and development.
Although the Pruneridge Avenue Alternative would avoid the impacts associated with the
closure of Pruneridge Avenue, this Alternative is rejected as infeasible because it would not
achieve numerous City objectives, including retaining Apple's headquarters in Cupertino,
which might not happen with the Pruneridge Avenue Alternative.As for the project
sponsor objectives, the primary objective is achieving a secure and private campus, which
could not be achieved with the Pruneridge Avenue Alternative. Other important project
sponsor objectives would also not be achieved. For these reasons, and as further discussed
in the Final EIR, the Pruneridge Avenue Alternative is considered infeasible and is hereby
rejected.
C. Reduced Construction Alternative
The Reduced Construction Alternative would allow for the development of a new corporate
campus while reducing impacts related to short-term construction impacts associated with
excavation.
The Reduced Construction Alternative assumes that the same amount of developed square
footage would be constructed on the project site but with a different campus configuration
and design that would resemble a traditional office complex, with multiple office buildings
and minimal sub-grade building space. The Reduced Construction Alternative is intended
to allow for the development of an expanded corporate campus while producing
substantially reduced short-term impacts from construction-related noise, construction
traffic, air quality, and grading and soil disturbance compared to the Project.
Compared to the Project, the Reduced Construction Alternative would increase the footprint
of buildings because less interior square footage would be accommodated in sub-grade
areas and would decrease the amount of available permeable surfaces. Approximately 64
acres of permeable surfaces would be provided on the site under the Reduced Construction
Alternative, compared to approximately 102 acres that would be provided as part of the
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Project.Similar to the Project, Glendenning Barn would be located either on-site or off-site.
The Reduced Construction Alternative would require the same entitlements and approvals
that would be requested as part of the Project, although a General Plan amendment for
increased building height may be required.
The Reduced Construction Alternative would result in less excavation and grading than the
Project and, therefore, would reduce construction-related traffic,noise, greenhouse gas
emissions, and air quality impacts compared to the Project. However, the Reduced
Construction Alternative could increase land use and planning policy, aesthetic,biological
resources,hydrology and water quality,noise and greenhouse gas emission operational
impacts compared to the Project.
The Reduced Construction Alternative would not achieve the following City project
objectives:
• Encourage the retention of Apple's corporate headquarters in Cupertino within a world
class corporate campus.
• Allow for the expansion of Apple's operations while enhancing the physical
environment of the project area and being sensitive to community needs.
• Allow for the location and design of Phase 2 of the Project in a way that is sensitive to
surrounding neighborhoods.
• Enhance environmental features within the project area, including stormwater quality
within the City storm drain system and receiving water bodies.
• Maintain consistency with Cupertino's 2000-2020 General Plan and further General Plan
goals and strategies for economic development,neighborhood connectivity, and urban
conservation.
• Provide connections and enhance walkability/bikeability between the project site and
surrounding areas, while promoting the mobility of Apple employees and the public
throughout the Vallco Industrial Park and the greater region.
• Improve traffic circulation, traffic volumes and level of service (LOS) through a
combination of consolidation of office locations and additional TDM programs.
• Increase the use of landscaping compared to paved parking and thereby enhance the
urban environment, reduce impervious surfaces, and reduce stormwater runoff.
• Retain and improve bike and pedestrian connectivity between the project site and
surrounding areas.
The Reduced Construction Alternative would not achieve many of the project sponsor
objectives, including the following:
Primary Objective:
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• Create an innovative and beautiful campus near Apple's Infinite Loop facility that
consolidates many of Apple's engineers and support personnel in a single distinctive
office, research and development building, and supporting facilities. The purpose of
consolidation is to promote shared creativity and collaboration and spur invention of the
next several generations of Apple products.
Secondary Objectives:
• Maximize green space, and design this space in accordance with the climate and history
of the area.
• Create a physically unified campus community that improves internal circulation and
eliminates unnecessary access points by consolidati.ng the existing properties within one
campus.
• Enable a commuting culture where thoughtful site planning and regional connectivity
coupled with a robust TDM program prioritize transit and active commute modes.
• Exceed economic, social, and environmental sustainability goals through integrated
design and development.
• Create a campus that reflects Apple's business and design practices, and allows for a
long-term presence in Cupertino.
• Minimize use of potable water through the use of drought tolerant landscape,water
efficient fixtures, and recycled water, if available as a result of projects now under
consideration, and improve runoff quality by increasing permeable surfaces.
In additional, the following project sponsor objectives would be achieved,but to a lesser
extent than the Project:
Primary Objective:
• Achieve the security and privacy required for the invention of new products by
eliminating any public access through the site, and protecting the perimeters against
unauthorized persons.
Secondary Objectives:
• Provide on-site amenities for Apple's employees in order to promote employees'health
and well-being and reduce off-campus travel.
• Provide an on-site venue for the introduction of Apple's new products that will generate
surprise and delight, and enable the products to be introduced at Apple's corporate
home.
• Create a campus plan that incorporates flexibility to respond to Apple's future business
needs.
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Although the Reduced Construction Alternative would reduce short term construction
impacts, this Alternative is rejected as infeasible because it would not achieve numerous
City objectives,both for the City and Apple. Several City objectives focus on the distinctive
design achieved by the Project,including its walkability/bikeability and increased
permeable surfac�, which could either not be achieved, or to a much lesser degree, with the
Reduced Construction Alternative. As for the project sponsor objectives, a primary objective
is achieving an innovative and beautiful campus that consolidates Apple's engineers in a
single building, which could not be achieved with the Reduced Construction Alternative.
Other project sponsor objectives would similarly not be achieved, or to a much lesser extent.
While the Reduced Construction Alternative would be simpler to construct and could avoid
some significant short term impacts,because it would not achieve numerous objectives,
including primary objectives,it is considered infeasible. It is also noteworthy that the
Reduced Construction Alternative would only avoid short term impacts and would have all
the same operational significant and unavoidable impacts. Further, the Reduced
Construction Alternative would not provide some of the Project's environmental benefits.
For example, the Reduced Construction Alternative would include substantially more
surface parking and would have greater impermeable surface. For these reasons, the
Reduced Construction Alternative is considered infeasible and is hereby rejected.
D. Reduced Density Alternative
The Reduced Density Alternative would reduce the effects of the Project on the
transportation system(and achieve other environmental benefits)by reducing employment
at the project site.Under this alternative,the Main Building would be reduced in size and
the project site would accommodate 8,000 Apple employees (6,200 fewer employees than
would occupy the site as part of the Project and 1,800 fewer employees than would occupy
the site as part of the No Project Alternative). This alternative would result in a total of
approximately 2.2 million square feet of office, research, and development uses(compared
to approximately 3,420,000 square feet under the Project). Similar to the Project, the segment
of Pruneridge Avenue within the site would be vacated, allowing for the development of a
unified campus. Overall building site coverage would remain approximately the same as
the Project.
To accommodate the 6,200 employees that would otherwise be located at the project site,
Apple could construct one or more additional campuses at other locations. While no off-site
locations have been identified at this time, a key consideration would be proximity to
regional transit systems,particularly if the campuses are located in the Bay Area. For
example,Apple could consider a location in San Jose (currently home to 24 percent of
Apple's employees) along a light rail line or a location in San Francisco (currently home to
13 percent of Apple's employees) that is well-served by Bay Area Rapid Transit(BART) or
Caltrain. Greater proximity to regional transit systems would enable Apple to achieve a
higher level of TDM participation than the level currently contemplated for the Project.
Furthermore, in developing any new campuses, Apple would retain its commitment to
renewable energy and no net new greenhouse gas emissions.
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The Reduced Density Alternative would require the same entitlements and approvals as the
Project.
The Reduced Density Alternative would avoid or reduce significant traffic,noise,
greenhouse gas, and air quality impacts due to lower levels of employment on-site
compared to the Project. The Reduced Density Alternative could also be constructed in a
shorter timeframe than the Project,resulting in reduced construction activity and reduced
construction impacts related to traffic,noise, air quality, and greenhouse gas emissions. The
reduction in operational traffic impacts is particularly important,because increased traffic
affects most members of the community and is one of the key concems identified by the
community during the EIR scoping session.
The Reduced Density Alternative would reduce local employment growth by moving the
Project's growth elsewhere in the region.Although the growth that is not accommodated in
Cupertino under the Reduced Density Alternative would also generate traffic and
associated air quality,noise, and greenhouse gas emission impacts, these impacts on a per
capita basis could be reduced if Apple were to locate the additional employees in a transit
hub such as parts of San Jose and San Francisco.
The Reduced Density Alternative would not achieve the following City project objectives:
• Encourage the retention of Apple's corporate headquarters in Cupertino within a world
class corporate campus.
• Allow for the expansion of Apple's operations while enhancing the physical
environment of the project area and being sensitive to community needs.
The Reduced Density Alternative would not fully achieve many of the project sponsor's
objectives for the Project, including the following:
Primary Objective:
• Create an innovative and beautiful campus near Apple's Infinite Loop facility that
consolidates Apple's engineers and support personnel in a single distinctive office,
research and development building, and supporting facilities. The purpose of
consolidation is to promote shared creativity and collaboration and spur invention of the
next several generations of Apple products.
Secondary Objective:
• Create a campus that reflects Apple's business and design practices, and allows for a
long-term presence in Cupertino.
The following project sponsor objectives would be achieved,but to a lesser extent than the
Project:
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Secondary Objectives:
• Create a campus plan that incorporates flexibility to respond to Apple's future business
needs.
. Enhance the City's tax base.
• Improve traffic circulation while avoiding measures that would unduly restrict
employment growth within the project site.
Although the Reduced Density Alternative would reduce impacts, this Alternative is
rejected as infeasible because it would not achieve numerous City objectives,both for the
City and Apple, including retaining Apple's headquarters in Cupertino, which might not
happen with the Reduced Density Alternative. As for the project sponsor objectives, a
primary objective is consolidating its employees in a single distinctive office, research and
development building, and supporting facilities,but the Reduced Density Alternative
would significantly limit the number of employees who could be located at the new
campus. Several other key objectives identified above would not be met, or to a much lesser
extent.For these reasons,the Reduced Density Alternative is considered infeasible and is
hereby rejected.
E. Environmentally Superior Alternative
CEQA requires EIRs to identify the environmentally superior altemative.The No Project
Alternative would be environmentally superior in the strict sense that environmental
impacts associated with its implementation would be the least of all the alternatives
analyzed in the EIR, including the Project(although the traffic impacts of the No Project
Alternative would be greater than the Reduced Density Alternative). In cases like this where
the No Project Alternative is the environmentally superior alternative, State CEQA
Guidelines Section 15126.6(e)(2) requires that the EIR"also identify an environmentally
superior alternative among the other alternatives."
As discussed in Section IV.F of the Draft EIR, the Reduced Density Alternative would be the
environmentally superior alternative among the other alternatives. In particular, the
Reduced Density Alternative would avoid or reduce significant traffic,noise, and air quality
impacts due to lower levels of employment on-site compared to the Project. The Reduced
Density Alternative could also be constructed in a shorter timeframe than the Project,
resulting in reduced construction activity and reduced construction impacts related to
traffic, noise, air quality, and greenhouse gas emissions. The reduction in operational traffic
impacts is particularly important,because increased traffic affects most members of the
community and is one of the key concerns identified by the community during the EIR
scoping session.
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The Reduced Density Alternative would reduce local employment growth by moving this
growth elsewhere in the region.Although the growth not accommodated in Cupertino
would also generate traffic, and associated air quality,noise, and greenhouse gas emission
impacts, these impacts on a per capita basis could be reduced if Apple were to locate the
additional employees in a transit hub like parts of San Jose and San Francisco.
Because the Reduced Density Alternative would reduce traffic and associated impacts
compared to the other alternatives, it is considered the environmentally superior alternative
for the purposes of analysis under CEQA.
X. INCORPORATION BY REFERENCE
These findings incorporate the text of the Final EIR for the Project, the Mitigation
Monitoring and Reporting Program, City Staff Reports relating to the Project and other
documents relating to public hearings on the Project,by reference,in their entirety.Without
limitation, this incorporation is intended to elaborate on the scope and nature of mitigation
measures,project and cumulative impacts, the basis for determining the significance of
impacts, the comparison of the alternatives to the Project, the determination of the
environmentally superior alternative, and the reasons for approving the Project.
XI. RECORD OF PROCEEDINGS
Various documents and other materials related to the Apple Campus 2 Project constitute the
record of proceedings upon which the City bases its findings and decisions contained
herein. Those documents and materials are located in the offices of the custodian for the
documents and materials, which is the City of Cupertino Community Development
Department, Cupertino City Hall, 10300 Torre Avenue, Cupertino, CA 95014-3202.
XII. NO RECIRCULATION REQUIRED
State CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for
further review and comment when"significant new information" is added to the EIR after
public notice is given of the availability of the Draft EIR but before certification. No
significant new information was added to the Draft EIR as a result of the public comment
process. The Final EIR responds to comments, and clarifies, amplifies and makes
insignificant modifications to the Draft EIR. The Final EIR does not identify any new
significant effects on the environment or a substantial increase in the severity of an
environmental impact. Therefore, recirculation of the Final EIR is not required.
At Caltrans's request, the Response to Comments Document contains information on
freeway on-ramp queuing due to ramp metering. On-ramp queuing is generally not
considered a CEQA impact,but rather an operational consideration. The City reviewed six
metered freeway on-ramps to determine if further operational analysis should be
conducted. Increased queuing at only one location, the southbound I-280 on-ramp at
Lawrence Expressway, would warrant ramp improvements. In the PM peak hour, the
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existing queues extend the length of the on-ramp. Because the Project would add a
considerable amount of traffic to this ramp, Caltrans requested that the project sponsor
provide additional capacity by adding an HOV preferential lane.The increased queuing
would not lead to capacity or intersection impacts, so the increased queuing does not
represent a significant impact according to CEQA.Therefore, recirculation is not required.
The City will continue to work with Caltrans to determine the operational queuing
considerations for this location. Although not a CEQA impact, the City of Cupertino will
require the Project to fund improvements to the on-ramp as a Condition of Approval,
because the addition of project traffic would increase ramp queues.
The Draft EIR identified in Impact T12ANS-22 that the Project would have a significant and
unavoidable impact on the level of service of freeway segments because the project would
contribute more than 1 percent additional traffic to 10 mixed flow segments and one HOV
freeway segment operating at LOS F. Following comments received on the Draft EIR,
additional study of freeway segments was conducted, and this impact was refined to
include more freeway segments.The percentage of project traffic in the newly identified
segments would not exceed the percentage of project traffic identified in the previously
impacted segments. As a result, the intensity of the impact has not increased. For these
reasons, there is no new significant impact or substantial increase in the severity of this
significant and unavoidable impact;therefore, recirculation is not required.
XIII. STATEMENT OF OVERRIDING CONSIDERATIONS
As set forth above,the City has found that the Apple Campus 2 Project will result in project
and cumulative significant adverse environmental impacts related to air quality, land use,
planning policy, public services and utilities, and transportation and circulation that cannot
be avoided following adoption and implementation of mitigation measures described in the
EIR and made conditions of project approval. In addition, there are no feasible project
alternatives that would mitigate or avoid all of the Project's significant environmental
impacts.Section 15093(b) of the State CEQA Guidelines provides that when the decision of
the public agency results in the occurrence of significant impacts that are not avoided or
substantially lessened, the agency must state in writing the reasons to support its actions.
See also Public Resources Code Section 21081(b).Having balanced the economic, legal,
social, technological or other benefits of the Project, including region-wide or statewide
environmental benefits, against its significant and unavoidable environmental impacts, the
City finds that the project benefits outweigh its unavoidable adverse environmental effects,
and that the adverse environmental effects are therefore acceptable.
The following statement identifies the reasons why, in the City's judgment, specific benefits
of the Project outweigh the significant and unavoidable effects. The substantial evidence
supporting the benefits of the Project can be found in the preceding sections of these
Findings, in the Project itself, and in the record of proceedings as defined in Section XI,
above. The City further finds that each of the project benefits discussed below is a separate
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and independent basis for these findings. The reasons set forth below are based on the Final
EIR and other information in the administrative record.
A. The Project will occur on an infill site in an existing urbanized area in Cupertino and
will result in regional environmental benefits,because it will not require the
extension of utilities or roads into undeveloped areas, and will not directly or
indirectly lead to the development of greenfield sites in the San Francisco Bay Area.
B. The project site is currently built up with outdated and outmoded buildings
surrounded by dozens of acres of surface parking.The Project will consolidate all
buildings and provide parking in underground and structured parking facilities,
resulting in an increase in pervious surface from 42 acres to approximately 109 acres.
This increased pervious surface will reduce stormwater runoff, reducing flows to the
sewer system and improving water quality in the nearby Calabazas Creek.
C. The Project will replace predominantly non-native tree species with predominantly
native species, and result in the planting of several hundred fruit trees on-site. The
total number of trees will increase from 4,506 to at least 6,200, and the trees will
primarily consist of native trees, as well as other climate appropriate species.
Additionally, it is anticipated that fruit from the fruit trees will be used at the on-site
restaurants as a sustainable use of the land. The increase in the number and quality
of trees will have beneficial biological impacts by providing improved habitat for
avian species.
D. Pursuant to the Jobs and Economic Improvement Through Environmental
Leadership Act, also known as AB 900, the Govemor designated the Project as the
State's first"Environmental Leadership Development Project" in recognition of its
innovative and leading environmental attributes, as well as its economic and job-
producing benefits. The City finds that because the Project meets each of the
requirements to qualify as a Leadership Project pursuant to Public Resources Code
Section 21180(b) and 21183, as described below, the Project provides significant
benefits to the City of Cupertino and its residents, the region and the State. In order
to qualify as an Environmental Leadership Development Project, a project must meet
the following criteria:
1. Be certified as LEED silver or better by the United States Green Buildin�
Council: By achieving a LEED silver or better certification, the Project will
replace the existing outmoded and inefficient buildings with more energy
efficient office and research and development buildings, and ancillary
buildings, that include state-of-the-art green building elements, thereby
reducing energy demand, water usage and hazardous materials, among other
benefits.
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2. Achieve a 10-�ercent greater standard for trans�ortation efficiency than for
com�arable�ro�ects:One of the challenges faced by Cupertino and the region
is how to meet the demands of growing companies, while m;nimizing
congestion.The City finds that while the Project may have significant traffic
related impacts,it is a significant benefit that the overall "transportation
efficiency" of the Project will be more than 10-percent better than comparable
projects due to implementation of the Transportation Demand Management
Program, as described in Section XIII.E,below.
3. Result in a minimum investment of one hundred million dollars
�$100,000,000): The Project will result in an investment that far exceeds
$100,000,000,which, as discussed in more detail in Sections XIII.G,below,
will have direct and indirect fiscal benefits to the City and economic benefits
to the entire region.
4. Create high-wa�e hi�hly skilled jobs that�ay�revailing and living wa�es:
Sections XIII.G.5 and XIII.G.7,below, identify the numerous direct and
indirect jobs related benefits of the Project,including but not limited to high-
wage,highly skilled jobs that pay prevailing and living wages.
5. Not result in any net additional emission of�reenhouse �ases, includin�
from em�lo�ee trans�ortation as determined b�the State Air Resources
Board "ARB"1: After conducting an independent review of the information
submitted by Apple, on June 14,2012, the Air Resources Board adopted
Executive Order LP-12-002 making a formal determination that the Project
will not result in any net new greenhouse gas emissions, a determination that
was reconfirmed on Apri129, 2013 after considering Apple's updated
application to reflect minor modifications to the Project. In making that
determination,ARB found that,without the Project, the existing buildings on
the project site would likely be re-occupied at their full occupancy, as had
been the case in the past.Therefore,ARB determined that the appropriate
"baseline" to assess net greenhouse gas emissions is the emissions associated
with the existing buildings as if they were fully occupied. ARB's independent
analysis determined that while the "fully occupancy baseline" would cause
greenhouse gas emissions in the amount of 54,482 metric tons of carbon
dioxide equivalent per year(MTCO2e/year), the Project's emissions are
expected to be 38,258 MTCO2e/year.That is, ARB found that while the
employee capacity of the project site will increase from 9,800 employees to
14,200 employees, greenhouse gas emissions are expected to decrease by
16,224 MTCO2e/year. In reaching this conclusion,ARB reviewed all of the
ProjecYs sources of greenhouse gas emissions and took account of the
Project's following innovative approaches to reducing greenhouse gas
emissions:
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(a) Apple's commitrnent to net zero energy for the Project, which will be
achieved through a three-tiered strategy,combining efficiency and
conservation, on-site renewable energy from solar panels and biogas
sustained fuel cells, and off-site renewable energy through Apple's
participation in California's Direct Access program for commercial
customers and from the purchase of renewable energy credits.
(b) ARB found that there will be a reduction in energy use by at least 30
percent compared to a typical commercial development through
energy efficient, green building design.
(c) For the onsite generation of renewable energy, ARB projected that the
solar arrays will have a capacity of 12 MW and the on-site fuel cell
installation,powered by 100 percent directed biogas, will have a
capacity of 6 MW.
(d) For construction related greenhouse gas emissions, ARB concluded
that Apple will fully offset such emissions by participating in
California's Direct Access program.
E. The Project will foster the development and use of efficient transportation systems
by including an enhanced Transportation Demand Management(TDM)Program
designed to reduce the use of single-occupancy vehicles, improve transit amenities
in the vicinity of the project site, an area akeady well-served by transit, and improve
the overall existing bicycle and pedestrian environment on surrounding roadways.
Apple will expand its current TDM Program to achieve a 34 percent alternative
mode participation rate (which is, a 6 percentage point peak hour trip reduction and
an increase of 21% over and above its existing TDM alternative mode participation of
28%) and associated peak trip counts at full buildout and occupancy. The expanded
TDM program includes elements such as: expanded Apple coach services areas and
frequency, improved off-campus bicycle infrastructure,prioritized walking and
cycling options,new transit Center,new parking monitoring system, expanded
bicycle-sharing program, electric vehicle charging stations, among other strategies.
F. The Glendenning Barn, which is a listed historic resource, is located on the project
site,but it is not publicly accessible and minimally visible.While it is a resource that
has the potential to enable citizens to connect to the City's agricultural past, it
currently does not perform that function due to its location. As a result of the Project,
Apple will relocate the Barn either on-site in a publicly visible location or elsewhere
in the City to a publicly accessible location.Apple will also renovate the Barn
consistent with the Department of Interior Standards, resulting in an improved
structure.
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G. The Project will have the following economic benefits,which will promote policy
objectives in the Land Use/Community Design Element related to economic issues,
including maintaining the vitality of business and manufacturing, existing major
companies within Cupertino, a strong tax base, and the City's fiscal well-being,
which are found in General Plan Policy 2-40 (Maintaining the Vitality of Business
and Manufacturing),Policy 2-20, Strategy 3 (Diversity of Land Use, Major
Companies),Policy 2-42(Revenue Analysis of Office Developments), and Policy 2-44
(Maintain Cohesive Commercial Centers and Office Parks).
1. Apple is the City's largest employer and taxpayer.The current inventory of
office buildings available in the City will not accommodate the company's
continued expansion.Therefore,the project will enable Apple to meet its
current and future business needs in Cupertino.
2. The Project is a significant redevelopment of outmoded office parks, and it
represents a major investment on the part of Apple. The Project will provide
stability and predictability for the development of future facilities,
encouraging Apple to continue its growth within the City. As such,it is
expected that Apple will remain on the site and in the City for a long
duration, contributing to community prestige and stability.
3. Keeping Apple's company headquarters in Cupertino and further expanding
its operations in the City will enable the City to maintain millions of dollars
per year in sales tax revenues and significantly increase Apple's contribution
to property, sales, and other taxes.
4. In FY 2012-2013,Apple paid$9.2 million in annual tax revenue to the City's
general fund2. The largest single component of Apple-generated revenues is
certain sales taxes in California. In fiscal year 2011-2012, these taxes totaled
$6.5 million. Under the terms of the Project's Development Agreement, the
existing Tax Consulting Agreement between the City and Baz Industries,Inc.
(an Apple subsidiary), which is scheduled to expire in 2014, will be extended
(until the expiration of the Development Agreement) and amended to reduce
the percentage of compensation paid to the consultant from 50% to 35°/o on
new local tax revenue amounts over$250,000.By 2016, the sales and use taxes
generated by Apple is estimated to be about$13.7 million, of which about
$9.3 million would be paid to the City's general fund. In 2012, Apple
generated approximately$25 million of local property tax revenue, which
helps to f und City municipal services as well as the Cupertino and Santa
2 Economic and Fiscal Impacts Generated by Apple in Cupertino-Current Facilities and Ayple Campus 2,Keyser
Marston Associates(May 2013).This report sets forth other economic benefits not detailed in this summary.
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Clara Union School and the Fremont High School Union Districts, the Santa
Clara County Library, the Central Fire Protection District, Santa Clara
County, and other local service/taxing agencies.The project is expected to
generate an additional$32 million in annual property tax revenue to local
public agencies, with total recurring property tax revenues from Apple to
local public agencies expected to exceed$56.5 million each year. Recurring
annual sales tax revenues to the Santa Clara Valley Transportation Authority
("VTA") will also be substantial. VTA tax revenue results from voter-
approved initiatives that levy a 1.125 percent tax on taxable sales.Apple's
existing Cupertino facilities generated$1.3 billion of taxable sales in 2012,
yielding over$14 million of annual tax revenue to the VTA.Upon project
completion, it is estimated that Apple will generate an additional$1.1 million
of VTA tax revenue, for a total anticipated annual VTA tax revenue of$15.4
million.
5. Over the past five years, the number of Apple employees based in Cupertino
increased at an average annual rate of 18 percent.The Economic and Fiscal
Impacts report used a growth rate of 10 percent when estimating that 7,400
employees will be hired between June 2013 and the completion of the Project
in 2016,resulting in a projected total company employee count of 23,400 by
the time the Project opens. Without the Project, due to the limited capacity to
grow in Cupertino, many of those new jobs could go to other surrounding
communities. With the project, Apple will be able not only to remain in the
City,but also could accommodate significant new growth into the future. The
Economic and Fiscal Impacts report finds that Apple also indirectly creates
jobs. Apple currently generates approximately 12,100 jobs indirectly, and the
Report anticipates that there will be over 25,000 jobs indirectly created by
Apple in Santa Clara County, which will bring the total number of Santa
Clara Countywide jobs supported by Apple to more than 40,000.
6. Retaining and intensifying employment at the project site also will result in
indirect fiscal and economic benefits to Cupertino, such as increased
spending and sales taxes in the City due to the proposed increase in
employees on the project site, transient occupancy taxes paid by Apple
visitors, and sales tax generated from retail expenditures of Apple employees
living and working in Cupertino. Direct, indirect and induced effects of the
project will increase Apple's annual employee income and expenditure
potential in the greater Santa Clara County from approximately$2.7 billion
(in 2012) to$3.9 billion including the expenditures from growth in jobs
predicted by the Economic and Fiscal Impacts Report(upon completion of
the project). In addition to employee spending, company purchases create
additional jobs, income and expenditures for Cupertino and broader Santa
Clara County region. In 2012, Apple made$4.6 billion u1 purchases from over
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700 businesses located within Cupertino, Santa Clara and Sunnyvale alone. In
2010 and 2011, local purchases and the number of vendors used by Apple
increased at average annual rates of 36% and 26%, respectively. The
multiplier effect of these purchases on the larger supply chain is substantial.
In 2011-2012, Apple generated approximately$5.9 billion of gross sales for
non-Apple businesses in these same cities.The Economic and Fiscal Impacts
report estimates Apple's increased employment to generate an additional
$2.7 billion in local business revenues in Cupertino, Sunnyvale and Santa
Clara,for an annual total of$8.6 billion.
7. The Project will generate one-time Construction Tax to the City totaling
about$10.7 million, and will result in a significant number of short term jobs
during the construction period, including 9,200 high-quality and high-paying
construction jobs, as documented in Apple's AB 900 application.
H. The Development Agreement will result in substantial additional public benefits,
including the following:
1. Although the Housing Mitigation Fee and Construction Tax are not typically
paid until the issuance of building permits, and even in that case, only for the
project phase for which the permit was issued, Apple has agreed to pay (a)
two times the adopted housing mitigation fee in the City's 2013-2014 fee
schedule for net new square footage associated with the project as housing
fund contribution, and (b) the construction tax for the first 2.4 million square
feet of construction no later than thirty-one (31) days after the Effective Date
of the Development Agreement. These up-front payments will significantly
accelerate the timing for the City's receipt of these funds.
2. Apple has agreed to include requirements in its contracts with significant
general contractors performing work at the project site to cause Construction
Sales Tax arising from purchases of materials, fixtures or equipment for the
Project to be allocated to the City,to the extent allowed by law, thus
maximizing the tax revenue collected by the City. It is anticipated that this
will result in a direct benefit to the City's General Fund in the amount of
about$12 million.
3. As described above in Section XIII.G.4, the City and an Apple subsidiary
have an existing Tax Consulting Agreement that results in certain sales tax in
California being allocated to the City. The Development Agreement both
extends that Tax Consulting Agreement and reduces the percentage of
compensation paid to the consultant from 50%to 35% on new local tax
revenue amounts over$250,000.
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4. If Glendenning Bam is located off-site,Apple will provide about$2.64
million as payment for land, cost of repairs and to maintain and conduct
capital repairs over at least a 20 year period.
5. A 1.1 acre portion of the project site is currently zoned for public park use,
although a park has not been built and the land is currently developed with a
parking lot.Apple has agreed to pay$8,270,994 to the City, which constitutes
sufficient funds to acquire 1.1 acres of park land, improve it with park
equipment and provide a maintenance and capital replacements endowment
for twenty (20)years. As a result of the Project, the City will have adequate
funds to purchase,construct and maintain a new park. Alternatively, instead
of providing funds to purchase a park site, Apple may acquire a 1.1 acre park
site acceptable to the City and dedicate it to the City.
6. Apple has agreed to install an additional separate fiber optic conduit along
Wolfe Road between the 280 Freeway and Homestead Road, in order to
accommodate City's usage. This will improve the City's communication
systems related to traffic signal operations at no up-front cost to the City.
7. Apple has agreed to fund signal preemption throughout the City,beyond its
obligations under CEQA, which will improve emergency response times,
provide benefits to the entire community.
Based on the entire record, including the EIR and the Economic and Fiscal Impacts report,
the specific economic, social and environmental benefits of the project, as stated above,
outweigh and override any significant unavoidable environmental effects that would result
from future project implementation. The Council has determined that any significant
environmental effects caused by the Apple Campus 2 Project have been mitigated to the
extent feasible through the mitigation measures identified herein and adopted and made
conditions of project approval, and, where mitigation is not feasible,has been outweighed
and counterbalanced by the economic, legal, social, technological and other benefits of the
Project, including region-wide or statewide environmental benefits.
XIV. SUMMARY
1. Based on the foregoing Findings and the information contained in the record, the
City has made one or more of the following Findings with respect to each of the
significant environmental effects of the Project:
a. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effects
identified in the Final EIR.
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b. 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 public agency.
c. Specific economic,legal, social, technological, or other considerations,make
infeasible the mitigation measures or alternatives identified in the Final EIlZ
that would otherwise avoid or substantially lessen the identified significant
environmental effects of the Project.
2. Based on the foregoing Findings and the information contained in the record, the
City determines that:
a. All significant effects on the environment due to the approval of the Project
have been eliminated or substantially lessened where feasible.
b. Any remaining significant effects on the environment found to be unavoidable
are acceptable due to the factors described in the Statement of Overriding
Considerations, above.
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EXHIBIT EA-2
MITIGATION MONITORING AND REPORTING PROGRAM
A. INTRODUCTION
This document describes the Mitigation Monitoring and Reporting Program(MMIZP) for ensuring
the effective implementation of the mitigation measures adopted by the City of Cupertino(City) and
made conditions of approval of the Apple Campus 2 Project(project).The project would entail the
redevelopment of an approximately 176-acre project site into a new campus for Apple Inc. (Apple).
When a lead agency adopts findings pursuant to Section 21081 of the California Environmental
Quality Act(CEQA)1 and Section 15091 of the CEQA Guidelinesz upon completion of an Environmen-
tal Impact Report(EIR), it is required to adopt a reporting and monitoring program pursuant to
Section 21081.6 of CEQA and Section 15097 of the CEQA Guidelines.The purpose of the MMRP is to
ensure compliance with the measures adopted to mitigate or avoid significant environmental impacts
during project implementation.This MMRP will not only direct the implementation of mitigation
measures by the specified responsible parties,but also facilitate the Cit}�s monitoring, compliance,
and reporting activities,including the activities of any third-party monitors it may designate.
B. PROJECT BACKGROUND
The project site is currently developed with structures that contain office and research and
development uses.These existing structures will be demolished and replaced with new development
as part of the project.T'he project involve the construction of 3,420,000 square feet of office, research,
and development uses;245,000 square feet of auditorium,fitness center,and parking reception uses;
92,000 square feet of utility plants;and parking and ancillary buildings(such as security receptions
and landscape maintenance buildings).As part of the project,a segment of Pruneridge Avenue will
be vacated by the City to allow for the development of a unified and secure campus and Apple will
also implement changes to local roadways in the vicinity of the project site.The environmental effects
of the project are analyzed and identified in the Apple Campus 2 Project Final EIR.
The Final EIR identifies potentially significant impacts and mitigation measures in the following
areas:
• planning policy
• land use
• biological resources
i T'he California Environmental Quality Act is found at Public Resources Code Section 21000 et seq. Hereinafter,the
MMRP will refer to the Public Resources Code sections of CEQA as"Section[number]of CEQA."
z The State CEQA Guidelines("Guidelines")are found at California Code of Regulations,Title 14,Section 15000 et seq.
1
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
AUGUST 2013 MITIGATION MONtTORING AND REPORTING PROGRAM
• cultural resources
. geology,seismicity, and soils
• hydrology and water quality
. hazards and hazardous materials
. transportation and circulation
• noise
• air quality
. public services and utilities
C. ROLES AND RESPONSIBILITIES
As the lead agency under CEQA,the City will be responsible for ensuring full compliance with the
provisions of this MMRI'and will have primary responsibility for implementation of the MMRI'.The
City has the authority to halt any activity associated with the construction and operation of the Apple
Campus 2 project if the activity is determined to be a deviation from the approved project or the
adopted mitigation measures.
D. MITIGATION MONITORING AND REPORTING PROGRAM
The attached table presents a compilation of the mitigation measures in the Final EIR, together with
the required monitoring and reporting actions,and timing.
The attached table includes columns that show: (1)each mitigation measure identified in the Final
EIR; (2)the procedure for implementing each mitigation measure; (3)the City entity responsible and
procedure for monitoring and reporting implementation of each mitigation measure;(4)the timing
for implementation of each mitigation measure;and(5)verification of mitigation measure
completion.
2
LSA ASSOCIATES, ►NC. APPLE CAMPUS 2 PROJECT EIR
SEPTE1116ER 2013 MITICATION hiONITORINC AND REPORTING PROCRAh1
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
IV. PLANNING POLICY
PLAN-1:The project sponsor shall The project sponsor shall The Director of Public Works Funds to be paid as Date:
implement one of the following either: shall either: indicated in the
options: (1)Pay the Department of (1)Collect the payment;or Development Signature:
a. Provide sufficient funds for the Public Works,the amount (2)Receive a dedication of 1.1 Agreement.
acquisition of 1.1 acres of property stated in the Development acres of property, to its
by the City for future park Agreement for the satisfaction.
development;or acquisition of the park or If funds are provided, the City
b. Agree to purchase(unless other (2)Purchase, designate,and shall actively pursue the
property currently owned by dedicate 1.1 acres of design and development of
Apple is proposed), designate, and property to the City.The park space.If the project
dedicate to the City 1.1 acres property to be acquired or sponsor chooses to dedicate
elsewhere in the City as Parl<s and purchased shall be property it owns/acquires for
Open S�ace, subject to the approved by the City and this purpose, the location has
satisfaction of the City,provided suitable for development be to be approved by the City
the land would be publicly and ongoing use as park and if acceptable„ the City
accessible. space.The City shall take shall work with the Planning
into account existing and Commission and City Council
future need for neighbor- to designate the property as
hood and City-wide park Parks and Open Space in the
space. Cit 's Zonin Ma .
PLAN-2:The project sponsor shall The project sponsor shall The Public Works Depart- (1)Prior to entering Date:
iinplement t11e following measures to submit detailed plans for the ment shall review and into a street
the satisfaction of tlle City: transportation approve plans for the bicycle improvement Signature:
a. Fund, construct,and,where improvements identified in and pedestrian agreement, the
necessary,provide dedications of Mitigation Measure PLAN-2. improvements identified in project sponsor shall
real property(including costs for In addition, the project Mitigation Measure PLAN-2. have plans
planning, design, construction and sponsor shall: T'he City shall verify that the approved by the
submitted lans are Cit which includes
LSA ASSOCIATES, INC. APPLE CAMIPUS 2 PROJECT EIR
SEPTEMDER 201� h11TICATION hIONITORINC aND REPORTING PROCRAM1f
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Signature
maintenance),all bike,pedestrian, (1)rund,construct, and consistent with other bonds or other
landscaping,and sidewalk provide dedications of real transportation improvements surety to guarantee
improvements in the public right- property(where necessary) proposed for the area, and the improvements.
of-way along all properties for all bike,pedestrian, that the plans leave no
bounded by East Homestead landscaping,and sidewalk connectivity gaps for bike, (2)Funding subject
Road, North Tantau Avenue, improvements in the public pedestrian and disabled to terms of the
Vallco Parkway, and North Wolfe right-oE-way along all person transport. Development
Road.In locations where the properties bounded by Eask Agreement.
improvements are adjacent to Homestead Road,North
property wit11 past project Tantau Avenue,Vallco
approvals,the design details shall Parl<way,and North Wolfe
be consistent with all other Road.
improvements approved by the �2�Fund and construct a
City. way-finding scheme along
b. A coordinated way-finding the entire alternate east-west
scheme shall be introduced along loop around the project site.
the entire alternate east-west loop (3)Fund and construct
(North Wolfe Road, East enhanced bike lanes,
Homestead Poad,Vallco Parkway, pedestrian paths,fencing,
and North Tantau Avenue).Way- guard rails(if feasible),and
finding signage shall be designed pedestrian-scaled lighting
to orient visitors and residents, along the North Wolfe Road
pointing them to area attractions, bridge over I-280.
retail areas,pedestrian and bicycle �4)Fund and construct
access routes, and other important other bicycle and pedestrian
destinations.Signs shall also be amenities,as identified in
designed to direct those on foot or the submitted plans.
on bike to the safest bicycle and �5)See Mitigation Measures
edestrian routes,as well as other
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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Responsible Party/ Date
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Monitoring Action Signature
bicycle and pedestrian amenities. TRANS-23 (Alternate),
c. Enhanced bike lanes, pedestrian TRANS-28,TRANS-29 and
paths, fencing, guard rails(if PLAN-3.
feasible),and pedestrian-scaled (6)Fund and construct ADA
lighting shall be installed along the rainp iinprovements
North Wolfe Road Uridge over I- identified in the submitted
280. plans.
d. Other Uicycle and pedestrian
amenities,such as high visibility
crosswalks, "yield to pedestrians"
signage, leading pedestrian
intervals at signalized
intersections, and other publically
accessible amenities (e.g.,bicycle
racl<s,benches, attractive
pedestrian-oriented lighting,and
landscaping)along the project site
perimeter shall be installed.These
amenities shall be designed to
improve the safety and
attractiveness of alternative modes
of travel within the vicinity of the
project site.
e. Implement Mitigation Measures
TRANS-23(Alternate)and
TRANS-28 (to improve pedestrian
safety at the North Wolfe
Road/Project Access intersection);
TRANS-29 (to enhance the
LSA ASSOCIATES, INC. APPLE CAAIPUS 2 PROJECT EIR
SEPTEMBER 201� D1ITIGATION 11fONITORING AND REPORTING PROGRAAI
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pedestrian environment at t11e I-
280 ramps with Wolfe Road);and
PLAN-3(to construct an alternate
Calabazas Creek pedestrian/bike
trail).
f. Update American with Disabilities
Act(ADA)ramps at the following
locations:Vallco Mall overpass on
North Wolfe Road;northbound
North Wolfe Road at I-280 south
on-ramp,with updated crosswalk
striping;northbound North Wolfe
Road at I-280 north on-ramp,with
updated crosswalk striping;west
side of North Wolfe Road at
Pruneridge Avenue;and
southbound North Wolfe Road at
I-280 south off-ramp,with
u dated crosswalk stri in .
PLAN-3:T'he project sponsor shall (1)The project sponsor shall (1)The Community Prior to entering Date:
implement the following measures to fund and construct a Development Department into a street
the satisfaction of the City,as pedestrian/bike alternate and Public Works improvement Signature:
illustrated in Figure IV-3: creek trail extending from Department shall review and agreement,
a. Fund and construct to the the intersection of North approve plans to construct an including bonds or
satisfaction of the City a Tantau Avenue and alternate pedestrian/bike other surety to
pedestrian/bike alternate creek Calabazas Creek,south to creek trail and shall worlc guarantee the
trail extending from the Vallco Parkway,on both with the project sponsor to improvement,the
intersection of North Tantau sides of North Tantau acquire the necessary permits project sponsor shall
Avenue and Prunerid e Avenue, Avenue,and then west for construction of the trail. have plans
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
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south to Vallco Parlcway,on both along the north side of (2)'The Public Works approved by the
sides of North Tantau Avenue, Vallco Parlcway to the Department shall collect City.
and then west along the north side intersection of Calabazas $250,000 to be used for a
of Vallco Parkway to the Creek including an feasibility study of a full Timing of funding is
intersection of Calabazas Creek. appropriate combination of Class 1 separated trail, in the subject to terms of
This funding shall account for the identified amenities area specified in Mitigation the Development
plaruling, design, collaboration (e.g., landscaping,lighting, Measure PLAN-3.The City Agreement.
with other agencies, and rest areas,recreational shall supply other funding, as
construction and maintenance of amenities). needed, to undertake the
the alternate trail route.The trail (2�The project sponsor shall study and shall actively
shall include a combination of the partially fund, in the sum of pursue construction of the
following features that reference $250,000,a feasibility study trail if feasible.
Calabazas Creel<: of a full Class I separated
• Signage along the route trail,where rights-of-way
including both are adequate,along the
wayfinding/maps and drainage channel that runs
information on creek habitat and parallel to southbound I-280
ecology; between North De Anza
• Appropriate plantings that Boulevard and Calabazas
mimic creek-side habitats and Creek,and then south along
provide a linear reference point the western bank of
between the creel<-side portions Calabazas Creek to Vallco
of the trail and the trail detour Parkway.
(wherever possible);
• Special pedestrian scaled
lighting;
• Rest areas or picnic tables at trail
intersections alon North
LSA ASSOCIATES, INC. APPLE CAb1PUS 2 PROJECT EIR
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Tantau Avenue and Vallco
Parkway,as feasible, to
highlight the route's recreational
nature while also not
diminishing its role as a
transportation route;
■ Additional recreational
amenities such as water
fountains and trash receptacles;
■ Appropriate pavement
treatments that reference the
creek and/or water;and
■ Decorative fencing and/or guard
rails on North Tantau Avenue
along the bridge over Calabazas
Creek and the bridge over I-280
and where the creek meets
Vallco Parkway, that reference
the creek and strengthen the
linear connection between the
creek and the trail detour.
b. Partially fund,in the sum of
$250,000,a study of a full Class I
separated trail,where rights-of-
way are adequate,along the
drainage channel that runs parallel
to southbound I-280 between
North De Anza Boulevard and
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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Date
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Calabazas Creel<, and then south
along the western banlc of
Calabazas Creelc to Vallco
Parl<way.The study would only
assess the feasibility of such a trail
in the general area.If the City
determines such a trail is feasible
and determines to carry out the
project, the trail would Ue subject
to further environmental review
and subsequent approvals.The
potential future trail would
connect to the project-related
bicycle lane improvements on
North Tantau Avenue and Vallco
Parkway.The east-west
connection would be publicly-
accessible and would be used for
commutin and recreation.
PLAN-4:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
Measure CULT-1. CULT-1. CULT-1. Measure CULT-1.
Si nature:
PLAN-5: Impleinent Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
and PLAN-3. Si nature:
PLAN-6:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
and PLAN-3. Si nature:
A. LAND USE
LSA ASSOCIATES, INC. APPLE CAh1PUS 2 PROJECT EIR
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LU-1:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-1,PLAN-2,PLAN-3, PLAN-1,PLAN-2,PLAN-3, PLAN-1,PLAN-2,PLAN-3, Measures PLAN-1,
and CULT-1. and CULT-1. and CULT-1. PLAN-2, PLAN-3, Signature:
and CULT-1.
B. AESTHETICS
There nre�to si�nificnnt Aesthetics impncts.
C. POPULATION,
EMPLOYMENT,AND HOUSING
There are no si ni 'cnnt Po ulntion,Em lo�me�it,nnd Housin im ncts.
D. BIOLOGICAL RESOURCES
BIO-1:A qualified biologist shall (1)If construction would (1)The Community Prior to the issuance Date:
conduct surveys prior to tree pruning, occur during the nesting Development Department of demolition
tree removal,transplantation, ground season(February 1 to shall periodically monitor perrnits and Signature:
disturbing activities,or construction August 31),the project construction activities at the periodically
activities on the site to locate active sponsor shall ensure that project site and confirm that throughout project
nests containing either viable eggs or pre-construction surveys appropriate nest exclusion construction.
young birds.Preconstruction surveys are conducted no more than measures are in place.
are not required for tree removal, tree 14 days prior to the start of (2)'I'he City shall review the (2)Annual
pruning,or construction activities tree removal, tree pruning annual compliance reports to compliance reports
outside the nesting period.If or construction activities in confirm the adequacy of nest shall be submitted to
construction would occur during the any are�. surveys and confirm that the City no later
nesting season(February 1 to August (2)'I71e project sponsor shall appropriate nest protection than SeptemUer 30���
31),preconstruction surveys shall be ensure that protective measures are identified and of each year.
conducted no more than 14 days prior measures are established for successfully implemented.
to the start of pruning, construction, active nests during this time
or ground disturbing activities. and that these protective
Preconstruction surveys shall be measures are regularly
repeated at 14-day intervals until monitored.
construction has been initiated in the �3)No later than Februa
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area after which surveys can be 15th of each year,the
stopped. Locations of active nests project sponsor shall submit
containing viable eggs or young birds annual compliance reports
shall be described and protective for the prior calendar year
measures iinplemented until the nests to the City and CDFW if
no longer contain eggs or young trees are removed during
birds.Protective measures shall the nesting season.
include establishment of clearly
delineated exclusion zones (i.e.,
demarcated by uniquely identifiable
fencing,such as orange construction
fencing or equivalent)around each
nest site as determined by a qualified
wildlife biologist, talcing into account
the species of birds nesting on-site
and their tolerance for disturbance.In
general,exclusion zones shall be a
minimum of 300 feet from tlle drip
line of the nest tree or nest for raptors
and 50 feet for passerines and other
species.The active nest sites within an
exclusion zone shall be monitored on
a weekly basis throughout the nesting
season to identify signs of disturbance
or to determine if each nest no longer
contains e s or oun birds.
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The radius of an exclusion zone may
be increased by the project biologist if
project activities are determined to be
adversely affecting the nesting birds.
Exclusion zones may be reduced by
the project biologist only in
consultation with CDFW.The
protection measures shall remain in
effect until the young have left the nest
and are foraging independently or the
nest is no longer active.For any
project-related activities involving the
removal of trees during the nesting
season,a report shall be submitted to
the City of Cupertino and CDFW once
per year documenting the observations
and actions implemented to comply
with this miti ation measure.
BIO-2:The project sponsor shall The project sponsor shall The Community Design features shall Date:
incorporate the following design submit to the City building Development Department be incorporated into
features(developed through a review plans that incorporate the shall verify that the the building permit Signature:
of bird-safe design guidelines)into specific design features submitted building plans submittal.
the project to reduce bird collisions: identified in Mitigation include the bird-safe features
Measure BIO-2(including identified in Mitigation Certification letter
Main Building and North Tantau those features that pertain Measure BIO-2. shall be provided
Structures to indoor operational or prior to final
• From outside most buildings,glass design features,such as occupancy.
often appears highly reflective, plantings and lighting).
re roducin habitat and a earin These design features shall
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attractive to some birds.To limit be explicitly noted in
reflectivity and prevent exterior building and site plans.
glass from attracting birds, the
project shall utilize low-reflectivity Prior to final occupancy, the
glass(7 percent reflectivity, 0 project sponsor shall submit
percent ultra-violet transmittance). a report attesting that the
This low-reflectivity glass shall be design features have been
used for the entirety of the installed as approved.
building's glass surface(not just
the lower levels nearest trees
where bird collisions may be the
most common) to provide
additional avian safety.
• The Main Building shall include
10-foot-wide awnings at each story
(or a similar feature) to create
"visual noise"by covering
windows and muting image
reflections.
• All indoor potted plants shall be
placed away from the glass
perimeter so that birds do not
attempt to fly into the vegetation.
• All roof inechanical equipinent
shall be covered by low-profile
angled roofing so that obstacles to
bird flight are ininimized.
■ Interior light"pollution" shall be
reduced durin evenin hours
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through the use of a lighting
control system.
Main Parking Structure and North
Tantau Parking Struch�res
• The above-grade parking
structures shall be designed with
open-air fa�ades.No glass shall be
utilized so birds can access open
through-passages.
Corporate Auditorium/Corporate
FiMess Center
■ To limit reflectivity and prevent
exterior glass from attracting
birds,the project shall utilize low-
reflectivity glass(7 percent
reflectivity,0 percent ultra-violet
transmittance).
• Interior light"pollution" shall be
reduced during evening hours
through the use of a lighting
control system.
■ The Corporate Fitness Center shall
include 5-foot-wide awnings(or a
similar feature)to create"visual
noise"by covering windows and
muting image reflections.
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BIO-3:Replacement/compensation of The project sponsor shall The Community Prior to the issuance Date:
all protected trees shall be undertalcen replace or compensate the Development Department of grading,
in accordance with the Review of the City for all protected trees shall ensure that the project demolition or Signature:
Consolidated Arborist Report for the damaged or removed sponsor replaces/ occupancy permits.
Apple Campus 2 Project and City during the project compensates the City for all The Director of
Municipal Code requirements, prior to construction period protected trees removed or Community
the initiation of construction. generally in conformance damaged during the Development may
Recommendations noted within the with attached Exhibit EA-2a construction period and shall allow an extension
Review of the Consolidated Arborist and in accordance with the verify that suitable of time,subject to
Report for the Apple Campus 2 City of Cupertino Municipal transplantation sites have the
Project,as modified by the Code Chapter 14.18. The been identified. recommendations of
Adjustinents to Response to the project sponsor shall ensure the City's consulting
Review of the Consolidated Arborist that the project results in a Substitutions to the trees Arborist and
Report per EIR Plan Revision and A net increase of at least 1,700 identified in Exhibit EA-2a appropriate
Review of the Trees Recommended for trees on the project site, may be allowed subject to the financial surety
Transplant at the Apple Cainpus 2 which shall consist of native review of the City's (such as a bond or a
Project shall be impleinented to the and climate appropriate Consulting Arborist and letter of credit) for
satisfaction of the Community species. approval by the Director of the work remaining.
Development Director.Protected trees Community Development.
that are damaged or removed during
construction or roadway
improvements shall be subject to
replaceinent/compensation according
to the City's tree protection ordinance.
However, replacement for removed
trees subject to the City's Protected
Tree Ordinance shall be consistent
with the requirements of Chapter 14.18
of the Protected Tree Ordinance.Trees
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that have been identified as being
suitable for transplantation shall be
relocated in accordance with the Tree
Transplant Schedule approved by the
Communit Develo ment Director.
E. CULTURAL RESOURCES
CULT-la(On-site Relocation):The (1)The project sponsor shall (1)The Community Extensions of time Date:
Glendenning Barn shall be relocated prepare a barn relocation Development Department may be granted by
to one of the following two sites plan for either an on-or off- shall review and approve tlle Director of Signature:
within the Apple Campus 2 project site relocation that adheres plans for the relocation of Community
site,subject to the approval of the to the Secretary of the Glendenning Barn and shall Development if
City: 1)to the northeast of the Interior's Standards for the specifically verify that(if the substantial progress
Corporate Fitness Center,south of Treatment of Historic barn is relocated on-site)the is being made on the
East Homestead Road or 2)at the Properties. structure would be visible relocation and
proposed eastern termination of The plan shall also include from a public right-of-way,or financial surety
Pruneridge Avenue,near The a design and proposed (if the barn is relocated off- (such as a bond or
Hamptons.The barn shall not be location for the site)the structure's character- line of credit)is
relocated to the second potential commemorative plaque. defining elements would be provided.
relocation site identified by Apple, to (2)If an on-site relocation is visible from a public right-of-
the west of the Central Plant,near the implemented, the plans way or public viewpoint.
southwestern property line of the shall adhere to the (2)T'he City shall verify that If the Glendenning
project site.This site is unacceptable relocation criteria identified the relocation of the barn has Barn is located off-
to the City because it would be in Mitigation Measure been documented in site,relocation
difficult to allow for the barn to be CULT-1a.The project accordance with the timing and funding
visible from a public right-of-way. sponsor shall prepare visual provisions of Mitigation would be per the
The lead agency shall ensure that any simulations that show that Measure CULT-1. terms in the
adopted measures to mitigate or the barn would be Development
avoid significant adverse changes to substantially visible from a Agreement.
the resource are full enforceable ublic ri ht-of-wa .
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through permit conditions, (3)If an off-site relocation is
agreements, or other measures.The implemented,the plans
following stipulations shall apply to shall adhere to the
the barn's on-site relocation: relocation criteria identified
• The following character-defining in Mitigation Measure
architectural eleinents of the barn CULT-1b.The project
shall be substantially visible from sponsor shall prepare visual
a public right-of-way, per the simulations that show that
discretion of City staff: 1) the barn would be
size/scale of barn;2)board and substantially visible from a
batten siding(including windows, public right-of-way or
if possible);and 3)roofline. public viewpoint.
• The new site for the Glendenning (4)The project sponsor shall
Barn shall include open space retain a qualified structure-
and/or land that can be converted moving company and a
to such use.The amount of open qualified historic architect
space sllall be sufficient to to oversee the barn
reference the area's historic relocation.
agricultural roots. (5)The project sponsor shall
■ The Glenderuzing Barn shall be retain a qualified historic
relocated by a qualified structure- architect to document the
moving coinpany with experience relocation of the barn from
moving historic buildings. its current site to the new
■ Relocation of the Glendenning site.
Barn shall be overseen by a
qualified historical architect.The
architect shall ensure that the barn
retains its significant character-
definin features at its new
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location, including its form,
proportion,structure, plan,style,
and materials.The historian shall
be responsible for documenting
relocation of the barn from its
ci.irrent,historic site to its new site.
Documentation shall include
production of a report that
includes photographic
documentation of the move and a
historical context for the barn that
describes the resource's
significance in local history.
Copies of this documentation shall
be oEfered to localliUraries and
local historical societies, and
submitted to the Northwest
Information Center at Sonoma
State University.
• The Secretary of the Interior's
Standards for the Treatment of
Historic Properties(Standards)
shall be applied to the barn at its
new location.The Standards
consist of four possible treatments
for historic properties:
preservation,rehabilitation,
restoration,and reconstruction.
De endin on the nature of the
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barn's use at its new location and
its current condition, one or more
of these treatments shall apply.
■ The applicant shall provide a
plaque, reader board and/or other
educational tools to explain the
historic significance of the barn on
the project site.The plaque shall
include the City seal,name of the
resource, date it was built, a
written description, and
photograph, and shall be placed in
a location where the public can
view the information, not
necessarily on the barn.
OR
CULT-1b (Off-site Relocation):The
Glendenning Barn shall be relocated
off the project site to a new site within
Cupertino,subject to the approval of
the City.The lead agency shall ensure
that any adopted measures to
mitigate or avoid significant adverse
changes to the resource are fully
enforceable through permit
conditions, agreements, or other
measures.The followin sti ulations
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shall apply to the barn's relocation:
■ The new site for the Glendenning
Barn shall include open space
and/or land that can be converted
to such use.The amount of open
space shall be sufficient to refer-
ence the area's historic agricultural
roots.Appropriate uses of the new
site could include educational uses
determined by the City.Public
access could be permitted and is
encouraged,but is not required to
reduce impacts to the resource.
■ If located on private property, the
following character-defining
architectural elements of the barn
shall be substantially visible from
a public right-of-way or(if the
barn and/or its surroundings are
publicly-accessible)a pub(ic
viewpoint,per the discretion of
City staff:l)size/scale of barn;2)
board and batten siding(including
windows,if possible);and 3)
roofline.
• The Glendenning Barn shall be
relocated by a qualified structure-
moving company with experience
movin historic buildin s.
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• Relocation of the Glendenning
Barn shall be overseen by a
qualified historical architect.The
architect shall ensure that the barn
retains its significant cllaracter-
defining features at its new
location, including its form,
proportion, structure,plan, style, �
and materials.The historian shall
be responsiUle for documenting
relocation of the barn from its
current,historic site to its new site.
Documentation s11a11 include
production of a report that includes
photographic documentation of the
move and a historical context for
the barn that describes the
resource's significance in local
history.Copies of this
documentation shall be offered to
local libraries and local historical
societies,and submitted to the
Northwest Information Center at
Sonoma State University.
■ The Secretary of the Interior's
Standards for the Treatment of
Historic Properties(Standards)
shall be applied to the barn at its
new location.The Standards
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consist of four possible treatments
for historic properties:
preservation,rehabilitation,
restoration, and reconstruction.
Depending on the nature of the
barn's use at its new location and
its current condition,one or more
of these treatments shall apply.
■ The applicant shall provide a
plaque,reader board and/or other
educational tools to explain the
historic significance of the barn,
both on the off-site location and on
the project site.'The plaques shall
include the City seal,name of the '
resource,date it was built,a
written description,and photo-
graph,and shall be placed in a
location where the public can view
the information,not necessarily on
the barn.
CULT-2a:The project applicant shall (1)The project sponsor shall (1)For grading permits,the Prior to the issuance Date:
retain a qualified archaeologist to submit a Monitoring Plan to Director of Public Works of grading and
monitor project ground-disturbing the City prior to shall verify that the contract building permits, Signature:
activities.Prior to project ground- undertaking ground- language in Mitigation and during project
disturbing activities, the archaeologist disturbing activities. Measure CULT-2b is included construction
shall prepare a Monitoring Plan for in all appropriate activities.
the project.The Monitoring Plan shall (2)Upon discovery of construction documents for
include:(1)a review of historical archaeolo ical resources in the ro'ect.
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maps,photographs,soil inventories, the presence of an archae-
and geotechnical reports to identify ological monitor, the project (2)For building permits,the
those locations where subsurface sponsor shall halt Community Development
historical features may occur and construction activities Department shall verify that
areas of prehistoric sensitivity;and (2) within 25 feet of the area the contract language in
a Discovery Plan that describes the while finds are being Mitigation Measure CULT-2b
specific methods and procedures that assessed by a qualified is included in all appropriate
will be used in the event that archaeologist.If deposits are construction documents for
archaeological deposits are identified. determined to be of the project.
Archaeological monitors shall be historical significance and
empowered to halt construction avoidance is not feasible, (3)'The City shall review the
activities at the location of a discovery mitigation efforts shall be Monitoring Plan for adequacy
to review possible archaeological undertaken in accordance and verify that Mitigation
material and to�rotect the resource with Mitigation Measure Measures CULT-2a and
while the finds are being evaluated. CULT-2a. CULT-2b are followed in the
Monitoring slzall continue until,in the event that the construction
archaeologist's judgment, cultural (3)The project sponsor shall contractor identifies a cultural
resources are not likely to be notify a qualified archae- resource during the con-
encountered. ological monitor and the struction period.
City, if deposits are encoun-
If deposits of prehistoric or historical tered during ground-
archaeological materials are disturbing activities (when a
encountered during project activities, monitor is not initially
all work within 25 feet of the present) and halt
discovery shall be redirected until the construction within 25 feet
archaeologist assesses the finds, of the deposits during such
consults with agencies as appropriate, time.If deposits are
and makes recominendations for the determined to be of
treatment of the discover .If historical si nificance and
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avoidance of the archaeological avoidance is not feasible,
deposit is not feasible,the mitigation efforts shall be
archaeological deposits shall be undertaken in accordance
evaluated for their eligibility for with Mitigation Measure
listing in the California Register of CULT-2a.
Historical Resources.If the deposits
are not eligible,mitigation is not
necessary.If the deposits are eligible,
adverse effects on the deposits shall
be mitigated.Mitigation may include
excavation of the archaeological
deposit in accordance with a data
recovery plan(see CEQA Guidelines
Section 15126.4(b)(3)(C))and standard
archaeological field methods and
procedures;laboratory and technical
analyses of recovered archaeological
materials;preparation of a report
detailing the methods, findings, and
significance of the archaeological site
and associated materials;and
accessioning of archaeological
materials and a technical data
recovery report at a curation facility.
Upon completion of the assessment,
the archaeologist shall prepare a
report to document the methods and
results of the assessment.The re ort
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shall be submitted to the City of
Cupertino and the Northwest
Information Center at Sonoma State
University upon completion of the
resource assessment.
CULT-2b:If archaeological deposits
are encountered during project
subsurface construction when an
archaeological monitor is not present,
all ground-disturbing activities within
25 feet shall be redirected and a
qualified archaeologist contacted to
assess the situation,consult with
agencies as appropriate, and malce
recoinmendations for the treatment of
the discovery.The project applicant
shall inform its contractor(s)of the
sensitivity of the project area for
archaeological deposits.The City shall
verify that t11e following directive has
been included in the appropriate
contract documents:
"If prehistoric or historical
archaeological deposits are
discovered during project activities,
all worlc within 25 feet of the
discover shall be redirected and a
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qualified archaeologist contacted to
assess the situation,consult with
agencies as appropriate, and make
recommendations regarding the
treatment of the discovery.
Project personnel shall not collect or
move any archaeological materials or
human remains and associated
materials.Archaeological resources
can include flaked-stone tools(e.g.,
projectile points,knives,choppers)or
obsidian,chert,basalt,or quartzite
toolmaking debris;bone tools;
culturally darkened soil(i.e.,midden
soil often containing heat-affected
rock,ash and charcoal, shellfish
remains,faunal bones, and cultural
materials);and stone-milling equip-
ment(e.g.,mortars,pestles,
handstones).Prehistoric
archaeological sites often contain
human remains."
Adverse effects to archaeological
deposits shall be treated in
accordance with Mitigation Measure
CULT-2a.
CULT-3:Should paleontological Upon discovery of (1)For grading permits,the Prior to the issuance Date:
resources be encountered durin aleontolo ical resources Director of Public Worlcs of rldin ,buildin ,
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project subsurface construction the project sponsor shall shall verify that the contract or occupancy Signature:
activities,all ground-disturbing halt construction activities language in Mitigation permits and during
activities within 25 feet shall be within 25 feet of the area Measure CULT-2b is included project construction
redirected and a qualified and notify a qualified in all appropriate activities.
paleontologist contacted to assess the paleontologist and the City. construction documents for
situation, consult with agencies as If deposits are determined the project.
appropriate, and make to be significant and (2)The Community
recommendations for the treatment of avoidance is not feasible, Development Departinent
the discovery.If found to be mitigation efforts shall be shall verify that the contract
significant, and project activities undertaken in accordance language in Mitigation
cannot avoid the paleontological with Mitigation Measure Measure CULT-3 is included
resources,adverse effects to CULT-3. in all appropriate
paleontological resources shall be construction documents for
mitigated.Mitigation may include the project.
monitoring, recording the fossil (3)The City shall verify that
locality, data recovery and analysis,a Mitigation Measure CULT-3
final report,and accessioning the is followed in the event that
fossil material and technical report to the construction contractor
a paleontological repository. identifies paleontological
Public educational outreach may also resources during the
be appropriate.Upon completion of construction period.
the assessment,a report documenting
methods, findings, and
recommendations shall be prepared
and submitted to the City of
Cupertino for review, and(if
paleontological materials are
recovered) a paleontological
re ositor , such as the Universit of
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California Museum of Paleontology.
The project applicant shall inform its
contractor(s)of the sensitivity of the
project area for paleontological
resources.The City shall verify that
the following directive has been
included in the appropriate contract
documents:
"The subsurface of the construction
site may be sensitive for
paleontological resources.If
paleontological resources are
encountered during project
subsurface construction and a
paleontologist is not on-site,all
ground-disturbing activities within
25 feet shall be redirected and a
qualified paleontologist contacted to
assess the situation,consult with
agencies as appropriate,and make
recommendations for the treatment
of the discovery.Project personnel
shall not collect or move any
paleontological materials.
Paleontological resources include
fossil lants and animals, and such
F�:
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trace fossil evidence of past life as
tracks.Ancient marine sediments may
contain invertebrate fossils such as
snails,clain and oyster shells,
sponges, and protozoa;and vertebrate
fossils such as fish,whale, and sea
lion bones.Vertebrate land mammlls
may include bones of inammoth,
camel, saber tooth cat, horse, and
bison.Paleontological resources also
include plant imprints, petrified
wood, and animal tracics."
CULT-4:If human remains are Upon discovery of human (1)For grading permits,the Prior to the issuance Date:
encountered during construction, the remains the project sponsor Director of Public Works of grading,building,
project shall implement Mitigation shall halt construction shall verify that the contract or occupancy Signature:
Measure CULT-2a (archaeological activities within 25 feet of language in Mitigation permits and during
monitoring)to identify and treat any the area,notify a qualified Measure CULT-2b is included project construction
human remains that inay be present. archaeologist and the City, in all appropriate activities.
and treat remains in construction documents for
In addition,any human remains accordance with California the project.
encountered during project ground- Health and Safety Code (2)The Community
disturbing activities shall be treated in Section 7050.5. Development Department
accordance with California Health and shall verify that the contract
Safety Code Section 7050.5.The project language in Mitigation
applicant shall inform its contractor(s) Measure CULT-4 is included
of the sensitivity of the project site for in all appropriate
1luman remains.The City shall verify construction documents for
that the following directive has been the project.
included in the appropriate contract (3)The Cit shall verif that
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documents: Mitigation Measure CULT-4
is followed in the event that
"If human remains are uncovered, the construction contractor
work within 25 feet of the discovery identifies human remains
shall be redirected and the County during the construction
Coroner notified immediately.At the period.
same time,an ardlaeologist shall be
contacted—if one is not already on site
—to assess the situation and consult
with agencies as appropriate.Project
personnel shall not collect or move any
human remains or associated
materials.If the human remains are of
Native American origin,the Coroner
must notify the Native American
Heritage Commission within 24 hours
of this identification.The Native
American Heritage Commission will
identify a Native American Most
Likely Descendant to inspect the site
and provide recommendations for the
proper treatment of the remains and
associated rave oods."
F. GEOLOGY,SEISMICITY,AND SOILS
GEO-1: Prior to the issuance of any (1)The project sponsor shall (1)The Community Prior to issuance of ' Date:
site-specific grading or building submit a design-level Development Department grading,building,or
permits,a design-level geotechnical geotechnical report, and Department of Public occupancy permits. Signature:
report shall be prepared and prepared by a licensed Works
submitted to the Ci of Cu ertino rofessional containin shall review the final desi n-
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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Building Department for review and recommendations for level geotechnical
approval and in accordance with specific building tecllniques investigation to ensure that
adopted City standards.The structural appropriate for minimizing all recommendations, design
designs shall adhere to the 2010 damage from seismic events criteria, and specifications set
California Building Code(CBC)or the and expansive and forth in the report are
appropriate building code, as adopted corrosive soils. adequate to reduce the risk
by the City of Cupertino.�xamples of (2�All recommendations in associated with seismic
the kinds of ineasures that would the report shall be shaking hazards and
typically be used to meet these incorporated into plans for expansive and corrosive soils.
requirements include pile-supported the specific development (2)The City shall verify that
foundations, use of pre-stressed project(s)addressed in the the recommendations of the
concrete materials, slab reinforcement, report. design-level geotechnical
compaction specifications, drainage investigation are
requirements, use of control joints, incorporated into all
and appropriate safety factors.The applicable project plans.
report shall identify specific building
techniques appropriate for
minimizing damage froin seismic
events, including liquefaction and
lateral spreading.In addition, the
following requirement for the
geotechnical and soils report shall be
met:
• The seismic hazard analysis
presented in the geotechnical
report shall include an evaluation
of liquefaction hazards in the
Calabazas Creek area, and shall
conform to the California Division
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LSA ASSOCIATES, INC. APPLE CAh1PUS 2 PROJECT Elti
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of Mines and Geology
recommendations presented in the
Guidelines for Evaluating and
Mitigating Seismic Hazards in
California.
• Design review for the project shall
include evaluation of fixtures,
furnishings, and fasteners with the
intent of minimizing collateral
injuries to building occupants
from falling fixhires or furnishings
during the course of a violent
seismic event.
■ All design criteria and
specifications set forth in the
design-level geotechnical report
shall be implemented as a
condition of project approval.'This
report shall address the final
specifications for design and
construction intended to limit the
effects of seismic hazards to
structures and utilities, including
but not limited to:foundation
design,driven piles,utility
corridor design,excavation
subgrade preparation, fill
materials and compaction
s ecifications,retainin walls and
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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concrete pavement specifications,
and drainage and dewatering
design.This report shall be
completed as a condition of
approval of the vesting tentative
map or adoption of the
develo ment a reement.
GEO-2:The design-level geotechnical See Mitigation Measure See Mitigation Measure GEO- See Mitigation Date:
report shall include recommendations GEO-1. 1. Measure GEO-1.
for foundations and improvements, Signature:
including sidewalks,parking lots, and
subsurface utilities, that take into
consideration the potential effects of
expansive and corrosive soils.The
report shall be submitted to the City
of Cupertino Building Department for
review and approval.All design
criteria and specifications set forth in
the design-level geotechnical report
shall be implemented as a condition
of ro'ect a roval.
G. HYDROLOGY AND WATER QUALITY
HYD-1:As a condition of approval for (1)The project sponsor shall The Public Works Prior to issuance of Date:
construction permits, the City prepare a hydrology/ Department shall review and grading,building,or
Engineer shall review storin drainage hydraulic analysis of the verify the occupancy permits. Signature:
plans and calculations for the project, existing storm drain system hydrology/hydraulic analysis,
and verify whether existing storm to verify it is adequately and subsequently require
drain infrastructure affected by the sized to accommodate the improvements if necessary.
ro'ect will meet current Cit runoff from the ro'ect. The Cit shall review and
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LSA ASSOCIATES, INC. APPLE CAh1PUS 2 PROJECT EIR
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requirements, including the ability to (2)The project sponsor shall approve plans for any such
convey a 10-year storm event,as submit copies of the improvements if they are
storm events are calculated per analysis to the City determined to be necessary.
standards set forth in the Santa Clara Engineer. The final improvements shall
County Drainage Manual(2007). (3)If facilities are deemed be inspected by the
Should the City Engineer determine inadequate, the project Department of Public Works
that the existing storm drain facilities sponsor shall submit plans prior to issuance of
are inadequate to convey a 10-year for the construction of occupancy permits.
storm event,the project applicant necessary upgrades to the
shall be responsible for the design City Engineer.
and construction of the necessary �4)Upon completion of
modifications.Upon completion the upgrades,the project
improvements will be dedicated to sponsor will dedicate the
the City and the City will be facilities to the City.
responsible for ongoing maintenance,
repair,and other liabilities associated
with the im rovements.
H. HAZARDS AND HAZARDOUS MATERIALS
HAZ-1a:The contractor(s)shall The project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
desigr►ate storage areas suitable for ensure that the following Department shall verify that of grading,
material delivery,storage,and waste components are integrated the construction plans for the demolition or Signature:
collection.These locations must be as into the construction plans project include: building permits.
far away from catch basins,gutters, for the project: (1)designation of areas for
drainage courses, and Calabazas (1) designation of areas for material delivery,storage,
Creek as feasible.All hazardous material delivery,storage, and waste collection;
materials and wastes used or and waste collection; (2)provisions for
generated during project site develop- (2)provisions for maintenance of an inventory
ment activities shall be labeled and maintenance of an of hazardous materials
stored in accordance with applicable inventor of hazardous retained on-site;and
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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local,State, and federal regulations.In materials retained on-site; (3)emergency preparedness
addition,an accurate up-to-date and and response procedures.
inventory, including Material Safety (3)einergency preparedness
Data Sheets,shall be maintained on- and response procedures.
site to assist emergency response
personnel in the event of a hazardous
materials inciclent.
All maintenance and fueling of
vehicles and equipment shall be
performed in a designated,bermed
area, or over a drip pan that will not
allow runoff of spills.Vehicles and
equipment shall be regularly checked
and leaks shall be repaired promptly
at an off-site location.Secondary
containment shall be used to catch
leal<s or spills any time that vehicle or
equipment fluids are dispensed,
changed,or poured.
Mitigation Measure HAZ-1b:
Emergency preparedness and response
procedures shall be developed by the
contractor(s)for emergency
notification in the event of an
accidental spill or other hazardous
materials emergency during project
site re aration and develo ment
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LSA ASSOCIATES, INC. . aPPLE CAMPUS 2 PROJECT EIR
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activities.These procedures shall
include evacuation procedures, spill
containment procedures,and required
personal protective equipment,as
appropriate, in responding to the
emergency.The contractor(s)shall
submit these procedures to the City of
Cupertino for approval prior to
demolition,site preparation,or
development activities.
Compliance with these mitigation
measures may occur in coordination
with compliance with the Storm Water
Pollution Prevention Plan and Best
Management Practices required for the
proposed project(see Section V.G,
Hydrology and Water Quality, for
additional detail).
HAZ-2a:Construction at the project T'he project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
site shall be conducted under a prepare a project-specific Department shall verify that of grading,
project-specific�nvironmental Site ESMP and shall undertake construction plans include demolition or Signature:
Management Plan(ESMP)that is construction activities in soil and groundwater building permits.
prepared in consultation with the accordance with the ESMP. management protocols
RWQCB.The purpose of the ESMP is identified in the ESMP
to protect construction workers,the The project sponsor shall (including VOC management
general public, the environment, and prepare a project-specific protocols for development in
future site occupants from subsurface vapor intrusion assessment, the northwestern corner of
hazardous materials reviousl and shall incor orate into the ro'ect site).
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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identified at the project site and to the project design soil vapor
address the possibility of mitigations or controls or
encountering unknown contam- source removal, as
ination or hazards in the subsurface. appropriate.
The ESMP shall summarize soil and
groundwater analytical data collected
on the project site during past
investigations; identify manageinent
options for excavated soil and
groundwater, if contaminated media
are encountered during deep
excavations; and identify monitoring,
irrigation,or other wells requiring
proper abandonment in compliance
with local,State, and federal statutes
and regulations.
The ESMP shall include measures for
identifying, testing,and inanaging
soil and groundwater suspected of or
known to contain hazardous
materials.The ESMP shall:l)provide
procedures for evaluating,handling,
storing, testing, and disposing of soil
and groundwater during project
excavation and dewatering activities,
respectively;2) describe required
worker health and safety provisions
for all workers potentially exposed to
hazardous materials in accordance
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LSA ASSOCIATES, INC. APPLE CAh1PUS 2 PROJECT EIR
SEPTEMDER 2013 111ITICATION MONITORING AND REPORTINC PROCRAD1
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with State and federal worker safety
regulations;and 3) designate
personnel responsible for
implementation of the ESMP.
HAZ-2b:For areas at the project site
with potential residual VOCs in soil,
soil gas, or groundwater that are
planned for redevelopment with an
overlying occupied building,a vapor
intrusion assessment shall be
performed by a licensed
environmental professional. These
areas include the northwestern corner
of the site at the Hewlett-Packard
Building 42 area and the 10400 North
Tantau Avenue property.If the
results oE the vapor intrusion
assessment indicate the potential for
sig,mificant vapor intrusion into an
occupied building,project design
shall include vapor controls or source
removal,as appropriate, in
accordance with regulatory agency
requirements.Soil vapor mitigations
or controls could include passive
venting and/or active venting. The
vapor intrusion assessment and
associated va or controls or source
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LSA ASSOCIATGS, 1NC. APPLE CAMPUS 2 PROJECT EIR
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removal can be incorporated into the
ESMP(Miti ation Measure HAZ-2a).
HAZ-3:Hazardous building inaterials The project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
surveys shall be conducted by a ensure that hazardous Department shall verify that of grading,
qualified and licensed professional for building materials surveys all abatement activities have demolition, or Signature:
all structures,not previously are conducted prior to been certified by a qualified building permits.
inspected or abated,proposed for demolition and that all environmental professional.
demolition or renovation at the hazardous materials are
project site.ACM shall be included in abated in accordance with
the hazardous materials building existing regulations.The
surveys for buildings constructed project sponsor shall submit
prior to 1981.Lead-based paint shall to the City, a report
be included in all hazardous material prepared by a qualified
surveys.All loose and peeling lead- environmental professional,
based paint and ACM shall be abated that documents the
by certified contractor(s)in completion of all abatement
accordance with local,State,and activities.
federal requirements.All other
hazardous materials, such as
"universal wastes," shall be removed
from buildings prior to demolition in
accordance with DOSH regulations.
The completion of the abatement
activities shall be documented by a
qualified environmental
professional(s) and submitted to the
City of Cupertino prior to the
issuance of construction and
demolition ermits.
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HAZ-4:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. Measures HAZ-1
and HAZ-2. Si nature:
I. TRANSPORTATION AND CIRCULATION
TRANS-1:As part of the project,the The project sponsor shall The Public Works Prior to entering Date:
project sponsor shall construct an diligently pursue Mitigation Department shall review into a street
additional westbound lane at Measure TRANS-1, plans for the mitigation improvement Signature:
intersection#21 Wolfe Road/I-280 including seeking approval measure.and facilitate agreement,
Northbound Ramps to provide for from Caltrans, and,if discussions with Caltrans in including providing
dual left-turn and dual right-iurn approved,shall implement order to implement this funding for
lanes.With the additional lane,the Mitigation Measure TRANS- measure. Caltrans,or bonds
intersection would operate at 1.The project sponsor shall or other surety to
acceptable LOS B (17.1 seconds) provide detailed guarantee the
during the AM peak hour.However, construction plans and shall improvement,the
the off-ramp intersection is under construct the mitigation project sponsor s11a11
Caltrans jurisdiction.Therefore, measure,or shall provide have plans
neither the project sponsor nor the funding to Caltrans approved by the
City of Cupertino can ensure the adequate for the design and City and Caltrans.In
implementation of the proposed construction of the the event that the
mitigation measure;thus the impact is improvement. project sponsor can
considered significant and demonstrate to the
unavoidable. satisfaction of the
Public Works
Department that,
despite their best
efforts,sufficient
progress has not
been made with the
res onsible a enc ,
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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the funding shall be
held in escrow in
lieu of the design
and construction of
the mitigation
measure, subject to
the requirements of
Government Code
Section 66001(d).
TRANS-2:At intersection#31 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Vallco Parkway, the project submit detailed Department shall review and into a street
sponsor shall construct an exclusive construction plans prepared approve plans.In addition, improvement Signature:
northbound through lane(for a total in accordance with the the City shall verify that trees agreement,
of one left-turn lane,one through requirements of the City of affected by construction of including bonds or
lane, and one shared through/right- Cupertino for the the measure are mitigated in other surety to
turn lane), and a receiving lane on the construction of the accordance with Mitigation guarantee the
north side of the intersection which mitigation measure and Measures BIO-1 and BIO-3. improvements,the
would iinprove intersection construct the mitigation project sponsor shall
operations to acceptable LOS C(26.1 measure. have plans
seconds). approved by the
City.
The proposed mitigation measure
could have secondary iinpacts to the
trees along the east side of Tantau
Avenue.The roadway would need to
be widened to the east, to provide for
a bike lane to the right of the travel
lane and the sidewalk adjacent to the
bike lane.Secondar im acts
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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associated with the removal of trees
that are protected under the City of
Cupertino's Tree Protection
Ordinance could occur with the
identified mitigation measure.
Impacts BIO-1 and BIO-3 in Section
V.D,Biological Resources in DEIR
addresses these potential secondary
im acts.
TRANS-3:At intersection#36 Stevens The project sponsor shall The Public Works Prior to entering Date:
Creek Boulevard/Calvert Drive/I-280 diligently pursue Mitigation Department shall review into a street
Ramps(west), the project sponsor Measure TRANS-3, plans for the mitigation improvement Signature:
shall construct an exclusive including seeking approval measure and facilitate agreement with the
eastbound right-turn lane(for a total from Caltrans and the City discussions with Caltrans and City of Cupertino,
of three through lanes and one right- of Santa Clara,and,if the City of Santa Clara in the project sponsor
turn lane)and provide an eastbound approved,shall implement order to implement this shall have plans
right-turn overlap phase.This would Mitigation Measure measure. ` approved by the
improve intersection operations to TTtANS-3.The project City of Santa Clara
acceptable LOS E+.To accommodate sponsor shall provide and provide a
the added lane the existing buffer detailed construction plans financial guarantee
between the roadway and sidewalk and construct the mitigation for the mitigation
would need to be eliminated and the measure,or shall provide measure.In the
sidewalk pushed doser to the existing funding to the City of Santa event that the
fence on the south side of Stevens Clara(up to a maximum of project sponsor can
Creek Boulevard.This mitigation $550,820)to design and demonstrate to the
measure would also require construct either(1) the satisfaction of the
relocation of an existing streetlight, identified mitigation Public Works
fire hydrant,and utility pole. measure or;(2)an alternate Department that,
im rovement which would des ite their best
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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This intersection is a CMP intersection mitigate the impact to the efforts, the City of
and is located within the City of Santa satisfaction of the City of Santa Clara will not
Clara.It is also under Caltrans Cupertino's Public Works approve the
jurisdiction.The project sponsor Department. identified mitigation
would be required to coordinate with measure, then the
t11e City of Santa Clara and Caltrans project sponsor shall
to construct the identified physical provide the
improvement at the Stevens Creelc maximum funding
Boulevard/Calvert Drive/I-280 Ramp to the City of
(west)intersection.Since this Cupertino to be held
intersection is outside of the City of in escrow until an
Cupertino's jurisdiction, the City alternate
cannot guarantee that the improvement
improvement would be constructed. satisfactory to the
For this reason the impact would City of Cupertino's
remain significant and unavoidable. Public Works
Department is
approved, subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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ro'ect s onsor.
TIZANS-4:At intersection#5 De Anza The project sponsor shall The Public Works Prior to entering Date:
Boulevard/Homestead Road the submit detailed Department shall review and into a street
project sponsor shall construct an construction plans prepared approve plans for the improvement Signature:
exclusive southbound right-turn lane in accordance with the mitigation measure.In agreement,
(for a total of two left-turn lanes,three requirements of the City of addition,the City shall verify including bonds or
through lanes,and one right-turn Cupertino for the that trees affected by other surety to
lane)which would improve construction of the construction of the measure guarantee the
intersection operations to LOS E+, mitigation measure and are mitigated in accordance mitigation measure,
Although still considered an construct the mitigation with Mitigation Measures the project sponsor
unacceptable LOS based on measure. BIO-1 and BIO-3. shall have plans
Cupertino's standards,this mitigation approved by the
measure would improve operations City.
over Background No Project
Conditions.
With the mitigation measure
identified above,secondary impacts
associated with the removal of trees
could occur.Trees are protected
under the City of Cupertino's Tree
Protection Ordinance.Impacts BIO-1
and BIO-3 in Section V.D,Biological
Resources addresses these potential
secondary impacts related to potential
tree removal.
T12ANS-5:At intersection#21 Wolfe See Mitigation Measure See Mitigation Measure See Mitigation Date:
Road/I-280 Northbound Ramps,the TREINS-1. TRANS-1. Measure TP�ANS-1.
ro'ect s onsor shall im lement Si nature:
i.i
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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Mitigation Measure TRANS-1
(provide dual left-and right-turn
lanes on the off-ramp),which would
improve intersection operations to
acceptable LOS B (18.0 seconds).
However, the off-ramp intersection is
under Caltrans jurisdiction.
Therefore,neither the applicant nor
the City of Cupertino can ensure the
implementation of the proposed
mitigation measure;thus the impact is
considered significant and
unavoidable.
TRANS-6:At intersection#27 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Homestead Road the project submit detailed construction Department shall review and into a street
sponsor shall construct an exclusive plans prepared in approve plans for the improvement Signature:
right-turn lane froin eastbound accordance with the mitigation measure.In agreement,
Homestead Road to southbound requirements of the City of addition, the City shall verify including bonds or
Tantau Avenue(for a total of one Cupertino for the mitigation that trees affected by other surety to
eastbound left-turn lane, two measure.The project construction of the measure guarantee the
eastbound through lanes,and one sponsor shall construct the are mitigated in accordance mitigation measure,
eastbound right-turn lane), which mitigation measure.For any with Mitigation Measures the project sponsor
would iinprove intersection protected trees that are BIO-1 and BIO-3. shall have plans
operations to acceptable LOS D-(52.6 affected, the project sponsor approved by the
seconds). shall implement Mitigation City.
Measures BIO-1 and BIO-3.
With the mitigation measure
identified above,secondary impacts
associated with the removal of trees
GL"
LSA ASSOCIATES, INC. APPLE CA111PUS 2 PROJECT EIR
SEPTEMBER 201J � M11ITICATION MONITORING AND REPORTING PROGRAM
Responsible ParEy/ Date
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SignaEure
could occur.Trees are protected
under the City of Cupertino's Tree
Protection Ordinance.Impacts BIO-1
and BIO-3 in Section V.D,Biological
Resources addresses these potential
secondary impacts related to potential
tree removaL
TRANS-7:At intersection#31 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Vallco Parkway,the project TRANS-2. TRANS-2. Measure TRANS-2.
sponsor shall implement Mitigation Signature:
Measure TRANS-2(add exclusive
northbound through lane),which
would improve intersection
operations to acceptable LOS C(28.7
seconds).
TRANS-8:At intersection#32 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Stevens Creek Boulevard,the submit detailed Department shall review and into a street
project sponsor shall construct a 100- construction plans prepared approve plans for the improvement Signature:
foot exclusive southbound right-turn in accordance with the mitigation measure.. agreement,
lane(for a total of two southbound requirements of the City of including bonds or
left-turn lanes and one southbound Cupertino for the other surety to
right-turn lane),with associated construction of the guarantee the
improvements in the right-of-way, mitigation measure and mitigation measure,
which would improve intersection construct the mitigation the project sponsor
operations to acceptable LOS D(46.8 measure. sI1a11 have plans
seconds). approved by the
Cit
TRANS-9a:At intersection#36 TRANS-9a Tl�e project TRANS-9a:The Public Works Date:
Stevens Creek Boulevard/Calvert s onsor shall rovide De artment shall review
. �
LSA ASSOCIATCS, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMdER 20tJ MITICATION MONITORING ANU REPORTING PROGRAM
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Drive/I-280 Ramps(west), the project detailed construction plans plans for the mitigation TRANS-9a:Prior to Signature:
sponsor shall implement Mitigation and shall construct the measures and facilitate entering into a street
Measure TRANS-3 (add exclusive mitigation measure,or shall discussions with the City of improvement
eastbound right-turn lane), which provide funding to the City Santa Clara to implement this agreement with the
would improve intersection of Santa Clara (up to a measure. City of Cupertino,
operations to 112.2 seconds(LOS F). maximum of$1,531,288)to the project sponsor
However, the Stevens Creek design and construct either TRANS-9b:The Community shall have plans
Boulevard/Calvert Drive/I-280 Ramps (1) the identified mitigation Development Department approved by the
(west) intersection would continue to measure or; (2)an alternate shall undertake the following City of Santa Clara
operate unacceptably.Providing a improvement which would TDM monitoring tasks, as and provide a
channelized free right-turn lane with mitigate the impact to the summarized below(refer to financial guarantee
a third eastbound receiving lane on satisfaction of the City of pages 441-447 of the Draft EIR for the mitigation
the connector link between Stevens Cupertino's Public Works for additional detail): measures.In the
Creek Boulevard and Lawrence Department. (1)The City shall retain, at the event that the
Expressway,for a distance of project sponsor's cost, an project sponsor can
approximately 1,250 feet iizcluding a TRANS-9b:The project independent City-approved demonstrate to the
pedestrian-actuated traffic signal to sponsor shall implement an transportation planning/ satisfaction of the
allow for protected pedestrian expanded TDM Program engineering firm to,on an Public Works
crossings to the pedestrian refuge that results in a 34 percent annual basis,collect vehicle Department that,
island,would iinprove intersection alternative mode partic- counts for all project drive- despite their best
operations to LOS D+with 38.6 ipation rate, as summarized Ways and/or parking facilities efforts, the City of
seconds of delay. below (refer to pages 441- over a 2-week period.The Santa Clara will not
TRANS-9b:The project sponsor shall 447 of the Draft EIR for report shall primarily identify approve the
expand the TDM program to reduce additional detail): whether the project is identified mitigation
the severity of the impact per the TDM (1)Implement"New and generating more than 4,270 measure, then the
Program Expansion subsection. Expanded Project TDM AM peak hour trips and 4,400 project sponsor shall
Increasing the TDM participation and Measures" listed on page PM peak hour trips,but shall provide the
associated alternative mode share 442 of the Draft EIR. also report the trip rates maximum funding
from 28 percent to 34 percent would �2�Startin 6 months after expressed as AM and PM to the City of
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LSA ASSOCIATES, INC. APPLE CAMIPUS 2 PROJECT EfR
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Signature
improve operations to LOS F(142.8 occupancy of Phase 1,no peak hour vehicle trips per Cupertino to be held
seconds)without implementation of later than February 15�h of employee.The City s11a11 in escrow until an
TRANS-3;however it would not each year,the project review and approve this alternate
reduce the impact to a less-than- sponsor shall,provide an report. improvement
significant level.A robust monitoring annual report to the City for (2)If AM or PM peak hour satisfactory to the
program has been identified in the the prior calendar year, trips counts are exceeded, the City of Cupertino's
TDM Program Expansion subsection describing the specific TDM City shall notify and meet Public Works
and shall be required to ensure that measures that are being with the project sponsor to Department is
this TDM program mitigation implemented,the number of develop a plan and identify approved,subject to
measure is implemented and that the employees/contract new TDM measures to achieve the requirements of
required trip reduction is achieved. employees on the site,and the peak hour trip counts. Government Code
Details of the TDM program are the success oE the measures Follow-up monitoring shall be Section 66001(d).
discussed in the TDM Program expressed in AM conducted within 60 days of TIZe funds will be
Expansion subsection, and PM peak hour vehicle implementation of new TDM released to the
trips and vehicle trips per measures. responsible agency
employee. (3)If the project sponsor does once the project is
The annual report shall also not agree to implement City- approved and
include data on Apple approved TDM measures,the programmed,with
transit ridership,public City shall assess the project any excess funds
transit ridership, sponsor a$5 per day trip returned to the
cycling/walking volumes, penalty(indexed to the project sponsor.
and carpool volumes. Consumer price Index)for all
(3)If one or both of the AM trips above 4,270 AM peak- TRANS-9b:
and PM peak hour vehicle hour vehicle trips and 4,400 The Community
trip counts(i.e.,4,720 AM PM peak-hour vehicle trips Development
peak-hour vehicle trips and during the monitoring period. Department shall
4,400 PM peak hour vehicle (4)If the project sponsor conduct annual
trips)are exceeded,the agrees to implement City- monitoring for the
project sponsor shall meet a roved TDM measures and Eirst 10 years of the
i �
LSA ASSOCIATF.S, INC. APPLE CAMPUS 2 PRUJECT EIR
SEPTEMBER 2013 MITIGATION MONITORINC AND REPORTING PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
with the City to develop a follow-up monitoring project.If in t11e last
plan and implement new (conducted within 60 days of 3 years of the 10-
TDM measures(including implementation of new TDM year period the peak
those"Additional TDM measures)indicates that peak hour trip counts are
Measures" listed on page hour trip counts are still not exceeded,
443 of the Draft EIR) to meet exceeded, the City shall monitoring shall be
the required trip counts. assess Apple a$3 per day trip conducted every
These TDM measures shall penalty(indexed to the other year.
be implemented by the Consumer price Index)for all However, if any
project sponsor within 60 trips above 4,270 AM peak- monitoring reports
days of being notified by the hour vehicle trips and 4,400 for the last 3 years
City that the peak hour trip PM peak-hour vehicle trips indicate that the
counts are being exceeded. during the reporting period. peak hour trips
(4)If one or both of the AM (5)Trip penalty fees collected counts are being
and PM peal<hour vehicle by the City shall be used to exceeded,
trip counts are not provide for City-wide monitoring shall be
exceeded, the project implementation of TDM conducted on an
sponsor shall continue to programs and improvement annual basis until
implement TDM measures of bike and pedestrian the peak hour trip
to maintain that facilities. counts have not
compliance. been exceeded for
(5)If,even after three consecutive
implementation of new annual reports.
TDM measures, the AM
and PM peak hour vehicle
trip counts are exceeded,
the project sponsor shall
meet with the City to
reevaluate the lan and
. .
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEAI6ER 2011 �i1TICATION 1110NITORING AND REPORTING PROCRA�t
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
implement new TDM
measures to meet the
required trip counts.These
TDM measures shall be
implemented by the project
sponsor within 60 days of
being notified by the City
that the peak hour trip
counts continue to be
exceeded.
(6)The project sponsor shall
pay annual monitoring
costs of Mitigation Measure
TRANS-9b,including the
cost to conduct monitoring
and City staff time to
review the annual
monitoring reports.
(7)The project sponsor shall
pay all fees associated with
exceedances of the AM and
PM peak hour vehicle trip
counts.
TRANS-10:At intersection#40 The project sponsor shall The Public Works Department Prior to entering Date:
Stevens Creek Boulevard/Lawrence diligently pursue Mitigation shall review plans for into a street
Expressway(east)the project sponsor Measure TRANS-10, construction of the mitigation improvement Signature:
shall construct a northbound left-turn including seeking approval measure,and facilitate agreement with the
lane(for a total of two exclusive left- from the City of Santa Clara, discussions with VTA and the City of Cupertino,
turn lanes,one shared left- and, if a roved,shall Ci of Santa Clara in order to the ro'ect s onsor
�1]
LSA ASSOCIATES, INC. A�PLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITIGATION MONITORING AND REPORTIIVG PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
turn/through lane, and shared implement Mitigation implement this measure. shall have plans
through/right-turn lane) from Measure TRANS-10.The approved by the
northbound Lawrence�xpressway to project sponsor shall City of Santa Clara
westbound Stevens Creek Boulevard. provide detailed and provide a
This mitigation would improve construction plans and shall financial guarantee
intersection operations to LOS D(49.7 construct the mitigation for the mitigation
seconds).This improvement is measure, or shall provide measure.In the
physically feasible;however,it would funding to the City of Santa event that the
require the construction of a retaining Clara(up to a maximum of project sponsor can
wall and modifications to the $1,276,601) to design and demonstrate to the
eastbound approach to accommodate construct either(1)the satisfaction of the
the additional left-turn lane. identified mitigation Public Works
measure or;(2)an alternate Department that,
This intersection is a CMP intersection improvement which would despite their best
located within the City of Santa Clara. mitigate the impact to the efforts, the City of
The project sponsor would be satisfaction of the City of Santa Clara will not
required to coordinate with VTA,City Cupertino's Public Works approve the
of Santa Clara, and otller responsible Department. identified mitigation
agencies to construct the identified measure, then the
physical iinprovement at the Stevens project sponsor shall
Creek Boulevard/Lawrence provide the
Expressway Ramps(east) maximum funding
intersection.Since this intersection is to the City of
outside of the City of Cupertino's Cupertino to be held
jurisdiction,the City cannot guarantee in escrow until an
that the improvement would be alternate
constructed.For this reason the improvement
impact would remain significant and satisfactory to the
unavoidable. Cit of Cu ertino's
51
LSA ASSOCIATES, INC. APPLE CAk1PUS 2 PROJECT EIR
SEPTEMQER 201J � MITICATION MONITORINC AND REPORTING PROCRAM17
Responsible Party/ Date
Mitigation Measure Implernenting Procedure Monitoring Action Timing Completed/
Signature
Public Works
Department is
approved, subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-11:At intersection#41 T'he project sponsor shall The Public Works Department Prior to entering Date:
Lawrence Expressway/I-280 diligently pursue Mitigation shall review plans for the into a street
Southbound Ramps,the project Measure TRANS-1, mitigation measure and improvement Signature:
sponsor shall construct an exclusive including seeking approval facilitate discussions with agreement with the
eastbound through lane(for a total of from the County of Santa Caltrans,VTA,and the City of Cupertino,
one shared left-turn/through lane,one Clara,and, if approved, County of Santa Clara in order the project sponsor
through lane,and one right-turn shall implement Mitigation to implement this measure. shall have plans
lane),which would improve Measure TRANS-1.The approved by the
intersection operations to acceptable project sponsor shall In addition,the City shall County of Santa
LOS E+(56.9 seconds).'The mitigation provide detailed verify that all provisions of Clara and provide a
measure would require the construction plans and shall the Streambed Alteration financial guarantee
construction of a new retaining wall construct tlze mitigation Agreement are met prior to for the mitigation
along I-280,since Calvert Road would measure,or shall provide and during construction of ineasure.In the
need to be curved to ro erl ali n fundin to the Coun of the im rovement. event that the
52
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEh16E2 2013 MITICATION MONITORING AND REPORTING PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
with two receiving lanes at the on- Santa Clara (up to a project sponsor can
rainp.There is existing right-of-way maximum of$2,923,074) to demonstrate to the
to accommodate this mitigation design and construct either satisfaction of the
measure. (1) the identified mitigation Public Works
However,the measure would require measure or;(2)an alternate Department that,
widening the existing bridge that improvement which would despite their best
crosses the creelc running parallel to mitigate the impact to the efforts, the County
the west side of Lawrence satisfaction of the City of of Santa Clara will
Expressway.The widening would Cupertino's Public Works not approve the
cause secondary impacts to the creek. Department. identified mitigation
Potential secondary impacts to the The project sponsor shall measure, then the
creek associated with widening the seek a Streambed Alteration project sponsor shall
existing bridge as a traffic mitigation Agreement from the provide the
measure are addressed in Section California Department of maximum funding
V.D,Biological Resources. Fish and Wildlife(CDFW) to the City of
and any other applicable Cupertino to be held
This intersection is a CMP intersection regulatory permits for creek in escrow until an
on a County expressway and portions intrusion and shall comply alternate
are lilcely within Caltrans right-of- with all conditions identified improvement
way.The project sponsor would be in the Streambed Alteration satisfactory to the
required to coordinate with VTA, the Agreement or other City of Cupertino's
County of Santa Clara, and other regulatory permit. Public Works
responsible agencies to construct the Department is
identified physical improvement at approved,subject to
the Lawrence Expressway/I-280 the requirements of
Ramps intersection.Since this Government Code
intersection is outside of the City of Section 66001(d).
Cupertino's jurisdiction, the City The funds will be
cannot uarantee that it would be released to the
53
LSA ASSOCIATES, INC. APPLE CA�IPUS 2 PROJECT EIR
SEPTEMBER 2013 MITIGATION MONITORING AND REPORTING PROCRAW
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Cornpleted/
Signature
constructed.For t11is reason the responsible agency
impact would remain significant and once the project is
unavoidable. approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-12:At intersection#5 De See Mitigation Measure See Mitigation Measure See Mitigation Date:
Anza Boulevard/Homestead Road TRANS-4. TRANS-4. Measure TP�ANS-4.
intersection, the project sponsor shall Signature:
implement Mitigation Measure
TRANS-4(add exclusive southbound
right-turn lane),which would
improve intersection operations to
LOS E+(58.9 seconds). Though LOS
E+is not considered acceptable at the
#5 De Anza Boulevard/Homestead
Road intersection,the LOS would
improve to better operating
conditions than under the Cumulative
No Project scenario and the impact
would be considered less than
si ificant.
TRAN-13a:Not a feasible measure. See Mitigation Measure See Mitigation Measure See Mitigation Date:
TRANS-9b. TRANS-9b. Measure TRANS-9b.
TRANS-13b:The project sponsor shall Signature:
expand the TDM program to reduce The project sponsor shall The Public Works The funding for
the severity of the impact.Increasing provide$50,000 towards the Department shall develop implementation of
the TDM artici ation and associated im lementation of lans im lementin an TRANS-13c shall be
54
LSA ASSOCIATES, IIYC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 201J h1ITIGATION MONITORINC AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
alternative mode share from 28 Mitigation Measure adaptive traffic signal system provided prior to
percent to 34 percent would improve TRANS-13c. The funding along De Anza Boulevard, entering into a street
operations to LOS E(62.1 seconds); shall be provided to the shall collect$50,000 from the improvement
however the increase in TDM City of Cupertino. project sponsor,and shall agreement.
participation would not reduce the iinplement the improvement.
impact to a less-than-significant level.
TRANS-13c:The project sponsor shall
provide a$50,000 fair-share
contribution towards the
implementation of a traffic-adaptive
traffic signal systein along De Anza
Boulevard between Homestead Road
and Rainbow Drive. Implementation
of an adaptive traffic signal system
would iinprove intersection
o�erations, however it would not
reduce the impact to a less-than-
si nificant level.
TRANS-14:At intersection##21 Wolfe See Mitigation Measure See Mitigation Measure See Mitigation Date:
Road/I-280 Northbound Ramps, the TRANS-1. TRANS-1. Measure TRANS-1.
project sponsor shall implement Signature:
Mitigation Measure TRANS-1
(provide dual left-and right-turn
lanes),which would improve
intersection operations to acceptable
LOS B (18.1 seconds).
TRANS-15:The project sponsor shall The project sponsor shall The Public Works Department Prior to entering Date:
contribute a ro rata share to modif a a ro rata share to shall develo lans er the into a street
55
LSA ASSOCIATES, INC. APPLE CADIPUS 2 PROJECT EIR
SEPTEMBER 2013 MITIGATION MONITORING AND REPORTINC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
the traffic signal operations to provide implement the mitigation mitigation measure, determine improvement Signature:
an overlap phase for the westbound measure,pursuant to the the pro rata share to modify agreement.
right-turn movement,which would requirements of the City of the traffic signal operations,
provide for a green right-turn arrow Cupertino. collect pro rata funding from
while the southbound left-turn the project sponsor,and shall
movement has its green time. implement the mitigation
Southbound U-turns shall also be measure.
prohibited.To accommodate the
overlap phase the geometries at the
westbound approach would be
modified to provide one left-turn
lane,one shared left-turn/through
lane,and two right-turn lanes.
Providing a westbound overlap phase
could have secondary impacts,since
southbound vehicles wanting to
travel northbound would have to
travel to the Stevens Creek
Boulevard/Wolfe Road intersection to
access northbound Wolfe Road.Field
observations were conducted to
determine the existing percentage of
vehicles making U-turns at the
intersections.'The field data was used
to estimate t11e impact of diverting U-
turns from Vallco Parkway to Stevens
Creek Boulevard.The LOS results
show that both the Wolfe Road/Vallco
Parkwa (42.4 seconds and LOS D)
56
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 20I3 MITICATION MONITORINC AIVD REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
and Stevens Creelc Boulevard/Wolfe
Road intersections (49.9 seconds and
LOS D)would operate acceptably
with the proposed southbound U-
turn restrictions at the Wolfe
Road/Vallco Parkway intersection.
The project iinpact would be rec�uced
to a less-than-si nificant level.
TRANS-16:At intersection#27 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Homestead Road, t11e project TRANS-6. TRANS-6. Measure TRANS-6.
sponsor shall impleinent Mitigation Signature:
Measure TRANS-6(add exclusive
eastbound right-turn lane),which
would improve intersection
operations to acceptable LOS D-(52.6
seconds).
TRANS-17:At intersection#31 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Vallco Parkway, the project TRANS-2. TRANS-2. Measure TRANS-2.
sponsor shall impleinent Mitigation Signature:
Measure TRANS-2(add exclusive
northbound through lane),which
would improve intersection
o erations to LOS C(28.7 seconds).
TRANS-18:At intersection#32 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Stevens Creek Boulevard, the TRANS-8. TRANS-8. Measure TRANS-8.
project sponsor shall impleinent Signature:
Mitigation Measure TRANS-8(add
exclusive southbound right-turn
lane),which would irn rove
57
LSA ASSOCIATES, INC. APPLE CA111PUS 2 PROJECT EIR
$EPTCM6ER 201� k11TIC�TION A70NlTORING AND REPORTING PROGRAAi
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
intersection operations to LOS D(49.4
seconds).
TRANS-19a:The project sponsor shall The project sponsor shall See Mitigation Measure See Mitigation Date:
implement Mitigation Measure diligently pursue Mitigation TRANS-9a. Measure TRANS-9a.
TRANS-9a(add free eastbound right- Measure TRANS-19a, Signature:
turn lane),which would improve including seeking approval
intersection operations to LOS D(41.5 from the City of Santa
seconds). Clara,and,if approved,
shall implement Mitigation
TRANS-19b:'The project sponsor shall Measure TRANS-19a.See
expand the TDM program to reduce Mitigation Measure
the severity of the impact(Mitigation TRANS-9a.
Measure TRANS-9a).Increasing the
TDM participation and associated
alternative mode share from 28
percent to 34 percent would improve
operations to LOS F(145.8 seconds)
without implementation of Mitigation
Measure TRANS-9a;however the
increase in TDM participation would
not reduce t11e impact to a less-than-
si ificant level.
58
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEI116ER 201} MITICATION MONITORINC AND REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
TRANS-20: For intersection#40 See Mitigation Measure See Mitigation Measure See Mitigation Date:
Stevens Creek Boulevard/Lawrence TRANS-10. TRANS-10. Measure TRANS-10.
Expressway Ramps(east), the project Signature:
sponsor shall implement Mitigation
Measure TRANS-10(add exclusive
northbound left-turn lane),which
would improve intersection
operations to LOS D-(52.3 seconds).
Since this intersection is outside of the
City of Cupertino's jurisdiction, the
City cannot guarantee that the
improvement would be constructed.
For this reason the impact would
remain si nificant and unavoidable.
TRANS-21: For intersection#41 See Mitigation Measure See Mitigation Measure See Mitigation Date:
Lawrence�xpressway/I-280 Ramps, TRANS-11. TRANS-11. Measure TIZANS-11.
the project sponsor shall implement Signature:
Mitigation Measure TRANS-11 (add
exclusive eastbound through lane),
which would improve intersection
operations to acceptable LOS E+(58.3
seconds).Since this intersection is
outside of the City of Cupertino's
jurisdiction, the impact would remain
si nificant and unavoidable.
TRANS-22:The project sponsor shall The project sponsor shall The Public Works Prior to the entering Date:
pay a$1,292,215 fair share diligently pursue Mitigation Department shall ensure the into a street
contribution towards planned Measure TRANS-22, fair share payment is improvement Signature:
trans ortation ro'ects that would includin seekin a roval submitted to VTA and shall a reement with the
59
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT E(R
SEPTEMDER 2013 M1IITIGATION AIONITORING AND REPORTING AROCRA111
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
improve traffic operations of the from VTA,and,if work with VTA to implement City of Cupertino.
impacted freeway segments and approved,shall implement the transportation
provide added transportation Mitigation Measure improvements identified in
capacity on parallel facilities: (1)SR 85 TRANS-22.The project Mitigation Measure TRANS-
Express Lane project(converting the sponsor shall pay$1,292,215 22.
existing HOV lane to a toll lane to �to VTA towards planned
allow single occupant vehicles to transportation projects.
drive in the HOV lane for a fee)
between Mountain View and San
Jose; (2)eliminating the existing
bottleneck on southbound I-280
between El Monte Road and
Magdelena Avenue;and(3)either the
Bus Rapid Transit(BRT)stations
proposed within Cupertino,or an
alternative improvement or study
towards the improvement of the
impacted I-280 corridor or a parallel
corridor that would provide capacity.
The fair share contribution amount
was calculated in consultation with
VTA staff based on the project's
contribution to project growth on the
impacted freeway segment.
It is unlikely that the Express Lane,
BRT or alternative project would be
implemented prior to project
com letion and that these im rove-
.1
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROdECT EIR
SEPTEM6ER 2013 MITICATION MONITORING AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
ments would reduce the impact to a
less-tizan-significant level.In addition,
the City has no control over the
implementation of these mitigation
measures;therefore the impact to the
freeway segments would remain
si nificant and unavoidable.
TRANS-23 (Alternate):The project The project sponsor shall The Public Works Upon issuance of the Date:
sponsor may be permitted to submit detailed Department shall review and first certificate of
construct three left-turn exit lanes construction plans for three approve plans for the three occupancy and Signature:
from tlle project site to Wolfe Road if left-turn exit lanes that left-turn exit lanes and ongoing until the 9
all of the following measures are include the following associated educational months following
im�lemented: elements: materials. full occupancy of the
■ Clear signage, including but not (1) Location of signage, Main Building.
liinited to overhead signs, shall be striping and pavement In addition,the Public Works
installed to indicate the legends that indicate the Department shall review the
destination of each of the three exit destination of each exit monthly monitoring reports,
lanes in order to discourage unsafe lane. and after each monitoring
lane changes. (2)Lane markings report, determine whether
■ Each lane on Wolfe Road,Uetween indicating that lane changes the three left-turn exit lanes
the driveway and Pruneridge are not permitted. operate acceptably.If the
Avenue,shall be clearly marked (3)Location(s)of closed lanes are not determined to
by painted stripes, directional circuit video cameras to operate acceptably,the Public
arrows and destination legends to record operations at the Works Department shall
indicate the destination of each intersection. require Apple to prepare
lane and to indicate by double plans for and implement a
lines or other appropriate The project sponsor shall reduction to two left-turn exit
markings that changing lanes is a also develop educational lanes.
violation of law. materials explaining the
�
LSA ASSOCIATES, INC. APPLE CAh1PU5 2 PROJECT EIR
SEPTEMUER 2013 �11TICATION MONITORINC AND REPORTINC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Tirning Completed/
Signature
■ The project sponsor shall fund the proper use of the driveway The Public Works
following measures for a trial exit lanes without weaving Department shall determine
period of nine months from among lanes. the penalty amount and send
issuance of the first certificate of In addition, from issuance an invoice to Apple to collect
occupancy and continuing until of the first certificate of the penalty amount.
nine months after full occupancy occupancy extending to a 9-
of the Main Building,and shall month trial period after full
install closed-circuit video cameras occupancy of the Main
linked to the City's Traffic Building, the City,at project
Operations Center to continuously sponsor's cost,shall retain
record vehide movements at the independent personnel to
project driveway and along periodically(once a week,
southbound Wolfe Road. Trained for the duration of at least
personnel,who are independent two AM and one two-hour
from the project sponsor,shall PM peak periods)review
periodically review the video video footage at the
footage at the direction of the City, intersection and N.Wolfe
and provide a report at the end of Road and prepare a
each month to the Public Works monthly report
Department. This report shall documenting unsafe or
document any unsafe or illegal illegal lane changes
lane changes(violations)observed, observed,accidents caused
noting accidents caused by unsafe by unsafe lane changes,
lane changes and noting whether, whether the observed
in the professional judgment of the behavior constitutes a
independent observer,the safety problem that should
observed violations constitute a be addressed and, if so,
safety problem that should be recommending measures to
addressed and, if so, address them.
62
GSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMDER 20IJ MITICATION MONITORINC AND REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
recommending measures to A penalty of$500 per
address tllem. observed violation shall be
■ If, at any tiine following the nine- charged.This penalty
month trial period implementation amount shall be
of the measures listed above do extrapolated for the daily
not substantially prevent activity during the 2-hour
violations, in the professional peak period,if video is not
opinion of the independent reviewed daily.
observer and the City, the City
shall determine whether
additional measures are required,
or whether the number of lanes
must be reduced to two exit lanes.
If the number of lanes is reduced
to two, monitoring shall be
discontinued.
■ A penalty of$500 per violation
during the PM 2-hour peak period
per day shall be paid by the
project sponsor to the City.The
rnimber of violations shall be
determined by the independent
observer based upon review of the
video footage and extrapolated to
account for daily activity during
the PM 2-hour peak period should
daily video footage not be
reviewed.
■ The ro'ect s onsor shall develo
63
LSA ASSOCIATES, INC. aPPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 INITIGATION MONITORING aND REPORTING PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Cornpleted/
Signature
employee education materials,to
the satisfaction of the City
explaining the proper use of the
driveway exit lanes without
weavin amon lanes.
TRANS-24:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
provide a dedicated south-bound provide detailed Department shall review and into a street
right-turn lane at the Tantau construction plans and shall approve plans for the improvement Signah.ire:
Avenue/Vallco Parkway intersection. construct the mitigation mitigation measure. agreement,
measure,or shall provide including bonds or
adequate funding for other surety to
design and construction of guarantee the
the mitigation measure. mitigation measure,
the project sponsor
� shall have plans
approved by the
Cit
TRANS-25:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
widen the northbound I-280 off-ramp diligently pursue Mitigation Department shall review into a street
at Wolfe Road to accommodate two Measure TRANS-25, plans for the mitigation improvement Signature:
lanes.The project sponsor woulcl including seeking approval measure and facilitate agreement with the
need to work with City staff,VTA, from Caltrans,and,if discussions with Caltrans and City of Cupertino,
and Caltrans to plan,design and approved,shall implement VTA in order to implement the project sponsor
construct the widening with all Mitigation Measure this measure. shall have plans
funding provided by the project TRANS-25.The project approved by the
sponsor.The off-ramp is under sponsor shall provide City which includes
Caltrans jurisdiction.Therefore,the detailed construction plans bonds or other
City of Cupertino cannot ensure the and shall construct the surety to guarantee
im lementation of the ro osed miti ation measure,or shall the miti ation
•�
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM1I6ER 201J MITIGATION MONITORIIVG AND REPORTING PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
mitigation measure;thus the iinpact is provide adequate funding measure.In the
considered significant and to design and construct event that the
unavoidable. either(1) the identified project sponsor can
mitigation measure or; (2) demonstrate to the
an alternate improvement satisfaction of the
which would mitigate the Public Works
impact to the satisfaction of Department that,
the City of Cupertino's despite their best
Public Works Department. efforts,Caltrans will
not approve the
identified mitigation
measure, then the
project sponsor shall
provide the
maximum funding
to the City of
Cupertino to be held
in escrow until an
alternate
improveinent
satisfactory to the
City of Cupertino's
Public Works
Department is
approved,subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
65
LSA ASSOCIATES, INC. aPPLE CAMPUS 2 PROJECT EIR
SEPTEMDER 2013 h11TICATION A10NITORING AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRAIVS-26:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
widen the southbound I-280 off-ramp diligently pursue Mitigation Department shall review into a street
at Wolfe Road to accommodate two Measure TRANS-26, plans for the mitigation improvement Si��ature:
lanes.The project sponsor would including seeking approval measure and facilitate agreement,
need to work with City staff,VTA, from Caltrans, and, if discussions with Caltrans and including bonds or
and Caltrans to plan, design,and approved,shall implement VTA in order to implement other surety to
construct the widening with all Mitigation Measure this measure. guarantee the
funding provided by the project TRANS-26.The project mitigation measure,
sponsor.Widening of the freeway off- sponsor shall provide the project sponsor
ramp to accommodate a second off- detailed construction plans shall have plans
ramp lane and shoulder would likely and shall construct the approved by the
require the removal of existing mitigation measure,or shall City.In the event
landscaping in front of the soundwall. provide adequate funding that the project
The feasibility of this mitigation to design and construct sponsor can
measure cannot be assured and the either(1) the identified demonstrate to the
off-ramp is under Caltrans mitigation measure or;(2) satisfaction of the
jurisdiction.Therefore,the City of an alternate improvement Public Works
Cupertino cannot ensure the which would mitigate the Department that,
implementation of the proposed impact to the satisfaction of despite their best
mitigation measure and the impact is the City of Cupertino's efforts, Caltrans will
considered si ificant and Public Works De artment. not a rove the
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Signature
unavoidable. identified mitigation
measure, then the
project sponsor shall
provide the
maximum funding
to the City of
Cupertino to be held
in escrow until an
alternate
improvement
satisfactory to the
City of Cupertino's
Public Works
Department is
approved, subject to
- the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-27(Second Alternate):The The project sponsor shall The Public Works Prior to entering Date:
southernmost drivewa to Cu ertino im lement the safet De artment shall review and into a street
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Village shall be retained as a right- features,such as added verify that the street improvement Signature:
turn in and out driveway with the traffic signal heads and improvement plans reflect the agreement,
implementation of adequate safety signage to prohibit right mitigation measure adopted. including bonds or
features approved by the Director of turns out of the driveway other surety to
Public Works.These safety features, for vehicles and implement guarantee the
such as added traffic signal heads and safety features to mitigation measure,
signage,shall prohibit vehicles accommodate pedestrians the project sponsor
turning right out of the driveway as described in the shall have plans
when southbound Wolfe Road traffic mitigation measure. approved Uy the
has a red signal indication at the City.
intersection of Wolfe Road and the
project driveway.'The safety features
shall also accommodate pedestrians
crossin Wolfe Roaci.
TRANS-28:To lessen the impact the The project sponsor shall The Public Works Prior to entering Date:
project sponsor shall install a"Yield submit detailed plans for Department shall review and into a street
to Peds" sign that is activated by a the mitigation ineasure and approve detailed plans for improvement Signature:
pedestrian push button.Additionally, construct the mitigation the mitigation measure. agreement,
the project shall install a high measure. including bonds or
visibility crosswalk(i.e.,with ladder other surety to
striping)at the east leg of the Wolfe guarantee the
Road/Project Access intersection to mitigation measure,
help make the crosswalk more the project sponsor
prominent.These treatments would sha1111ave plans
lessen the impact,but would not approved by the
mitigate the impact to a less-than- City.
significant level as pedestrian access
would still be im eded.
TRANS-29:To enhance the edestrian The ro'ect s onsor shall The Public Works Prior to enterin Date:
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environment and lessen the diligently pursue Mitigation Department shall review into a street
pedestrian impact at the six I-280 Measure TRANS-29, plans for the mitigation improvement Signature:
ramps with Wolfe Road, the project including seeking approval measure.and facilitate agreemei�t,
sponsor shall provide enhanced from Caltrans, and, if discussions with Caltrans in including bonds or
crosswalks at all ramp crosswall<s. approved, shall implement order to implement this other surety to
Additionally, for the I-280 Mitigation Measure TRANS- measure. guarantee the
southbound loop on-ramp, the project 29.The project sponsor shall mitigation measure,
sponsor shall design,construct,and provide detailed the project sponsor
fund the following to improve the construction plans and shall shall have plans
sight distance to an industry standard construct the mitigation approved by the
of 250 feet for a 35 mph roadway measure,or shall provide City.In the event
include: funding to Caltrans that the project
■ Replacing existing fence on adequate to design and sponsor can
overcrossing with one that has construct either(1) the demonstrate to the
better transparency; identified mitigation satisfaction of the
■ Trimming and maintaining measure or; (2)an alternate Public Works
vegetation on northwest corner of improvement which would Department that,
the Wolfe Road/I-280 southbound mitigate the impact to the despite their best
loop on-ramp; satisfaction of the Public efforts,Caltrans will
Redesigning the ramp to move the Works Department. not approve the
■ identified mitigation
crosswalk further north;and
measure,then the
■ Adding a�avement legend to project sponsor shall
indicate pedestrian crossing. provide the �
The treatments would lessen t11e
maximum funding
impact,but would not mitigate the to the City of
impact to a less-than-significant level, Cupertino to be held
as the increased vehicular volumes
in escrow until an
would still exist.I'urther, the alternate
feasibilit of this miti ation measure
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LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
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cannot be assured as the on-ramp is improvement
under Caltrans jurisdiction. satisfactory to the
Therefore,the City of Cupertino City of Cupertino's
cannot ensure the implementation of Public Works
the mitigation measure. Department is
approved,subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsiUle agency
oi�ce the project is
approved and
programmed, with
any excess funds
returned to the
ro'ect s onsor.
TRANS-30:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
upgrade transit stops along Wolfe submit detailed plans Department shall review into a street
Road between Stevens Creek prepared in accordance plans to implement this improvement Signature:
Boulevard and Homestead Road,on with the requirements of mitigation measure and agreement,
Vallco Parkway between Wolfe Road VTA and the City of facilitate discussions with including bonds or
and Tantau Avenue, and on Tantau Cupertino for the VTA in order to implement other surety to
Avenue between Stevens Creek development of transit this measure. guarantee the
Boulevard and Homestead Road. stops along Wolfe Road mitigation measure,
between Stevens Creek the project sponsor
Boulevard and Homestead shall have plans
Road,on Vallco Parkwa a roved b the
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between Wolfe Road and City.
Tantau Avenue, and on
Tantau Avenue between
Stevens Creelc Boulevard
and Homestead Road.The
project sponsor shall
provide standard VTA
shelters as shown in the �
approved plans.If the
project sponsor opts to
provide enhanced-design
shelters with amenities, it
shall provide a plan subject
to the approval of the
Director of Public Works
and the VTA and shall fund
the maintenance of the
transit stops.At any time,
the project sponsor may
replace the shelters with
standard VTA shelters at
the sponsor's expense,
subject to the approval of
VTA.If shelters are
replaced with standard
VTA shelters, the sponsor
would not be required to
maintain them.
TRANS-31:Im lement Miti ation See Miti ation Measures See Miti ation Measures See Miti ation Date:
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Measures PLAN-2 and PLAN-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
multi-use paths and the pedestrian and PLAN-3. Signature:
improvements proposed as part of the
project would lessen the impact,but
would not mitigate the impact to a
less-than-significant level as the
elimination of existing pedestrian
�facilities would still occur.
TRANS-32:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measure PLAN-2 and PLAI�T-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
multi-use paths and bicycle and PLAN-3. Signature:
improvements proposed as part of the
project would lessen the impact,but
would not mitigate the impact to a
less-than-significant level as the
elimination of existing bicycle
facilities would still occur.
TRANS-33:There are no feasible No No implementing/monitoring No Date:
mitigation measures to restore transit implementing/monitoring procedure required. implementing/monit
access to Route 81 for The Hamptons procedure required. oring procedure Signature:
residents,therefore the impact is required.
considered significant and
unavoidable.
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TRANS-34:There are no mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
measures to reduce the impact to a TRANS-32. TRANS-32. Measure TRANS-32.
less-than-significant level. Signature:
Implementation of Mitigation
Measure TRANS-32 would lessen the
impact,but not to a less-than-
si nificant level.
TRANS-35:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
Measure TRANS-9b. TRANS-9b. TRANS-9b. Measure TRANS-9b.
Signature:
J. NOISE
NOI-1:The project sponsor shall The project sponsor shall The Community Prior to the issuance Date:
implement the following measures at ensure the following Development Department of grading,building,
the project site during all demolition measures are undertaken shall: or occupancy Signature:
and construction activities, subject to prior to the initiation of (1)Review the project permits and
the approval of the City: construction: construction plans and verify periodically during
■ The project sponsor shall ensure (1)Construct sound walls that the provisions listed in project construction
the construction of a 15-foot high along the project property Mitigation Measure NOI-1 activities.
temporary sound wall along the lines, as specified in are included.
project's property line adjacent to Mitigation Measure NOI-1. (2)Review and approve all
sensitive land uses. (2)Submit a construction construction truck routes.
o A temporary sound wall shall management plan for City (3)Maintain the name and
be constructed along the eastern review,which identifies contact information for the
project property line to block construction site layout noise disturbance coordinator
the line-of-sight from the single- (trailers,storage of on file throughout the
family residential land uses on materials, trucic routes,and construction period, and
Howard Drive and Meadow pedestrian paths), ensure that the contact is
Avenue to project construction construction routes,and accessible to residents and
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areas on the east side of North noise reduction measures to local employees.
Tantau Avenue.This sound be implemented during all (4)Conduct periodic site
wall shall be set back from the demolition and construction inspections throughout the
property line as much as activities. construction period to ensure
feasible to still allow for project (3)Designate a noise that appropriate noise
construction activities to occur. disturbance coordinator to reduction measures are
o A temporary sound wall shall be receive and resolve noise implemented on the site.
constructed along the southerri complaints throughout the
project property line to block the construction period,and
line-of-sight from The Hamptons provide the name and
to project construction areas in contact information to the
the southwest portion of the City.
project site.This sound wall shall
be set back from the property
line as much as feasible to still
allow for project construction
activities to occur.
o A temporary sound wall shall be
constructed along the northern
project property line to blocic the
line-of-sight from the single-
family residential properties
north of East Homestead Road to
project construction areas in the
northern portion of the project
site.This sound wall shall be set
back from the property line as
much as feasible to still allow for
ro'ect construction activities to
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occur. -
• The project contractor shall
designate a construction liaison
that shall be responsible for
responding to any local com-
plaints about construction noise.
The liaison shall determine the
cause of the noise complaints(e.g.,
starting too early,bad muffler) and
institute reasonable measures to
correct the problem.A telephone
number for the liaison shall be
conspicuously posted at the
perimeter of the construction site
and provided to all adjacent
property owners prior to
commencement of construction.
o The project contractor shall
ensure that all construction
equipment has appropriate
high-quality noise muffling and
abatement devices,which
would be properly maintained
and used at all times such
equipment is in operation.
• The project contractor shall, to the
extent feasible, place all stationary
construction equipment so that
emitted noise is directed awa
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from sensitive receptors nearest
the project site.
■ Exterior project noise-generating
construction activities(i.e.,
grading,construction and
demolition)shall be permitted
within 750 feet of any residentially
zoned property only between the
hours of 7:00 a.m.and 8:00 p.m.on
weekdays, and between the hours
of 9:00 a.m.and 6:00 p.m.on
weekends.No such work shall be
permitted on holidays(i.e.,New
Year's Day,Memorial Day,
Independence Day,Labor Day,
Thanksgiving Day,Christmas
Day),except as approved by the
Community Development
Director.A Noise Variance may be
obtained from the Noise Control
Officer for each occurrence of
specific temporary construction
activities.
o Construction activities,other
than street construction,shall be
prohibited on holidays,unless
they meet the City of
Cupertino's nighttime
maximum ermissible noise
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level standards.
NOI-2:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
resurface the following roadway resurface the roadway Department shall verify that into a street
segments with RHMA-O or similar segments identified in the repaving has been improvement Signature:
quiet pavement: Mitigation Measure NOI-2 undertaken on the identified agreement,
■ East Homestead Road, from North with RHMA-O or similar roadway segments.The City including bonds or
Wolfe Road to North Tantau quiet pavement, or shall maintain this pavement. other surety to
Avenue;and reimburse the City for the guarantee the
• North Wolfe Road, from cost of doing so. mitigation measure,
Pruneridge Avenue to the I-280 the project sponsor
northbound ramps. shall have plans
approved by the
Cit
I<. GREENHOUS� GAS EMISSIONS AND SUSTAINABILITY
There are no si ni 'cant Greenhouse Gas Errtissions or Sustainabiliti im acts.
L. AIR QUALITY
AIR-1:Consistent with guidance froin The project sponsor The Community Prior to the issuance Date:
the BAAQMD, the following actions shall ensure that the air Development Department of grading,building,
shall be required in relevant pollution control measures shall verify that the air or occupancy Signature:
construction contracts and identified in Mitigation pollution control measures permits and
specifications for the project: Measure AIR-1 are identified in Mitigation periodically during
• All exposed surfaces(e.g., parking incorporated into the Measure AIR-1 are project construction
areas,staging areas,soil piles, construction plans for the incorporated into project activities.
graded areas, and unpaved access project and implemented at construction plans.In
roads)shall be watered two times the project site. addition, the City shall
per day. conduct periodic site
■ All haul trucks transporting soil, inspections throughout the
sand, or other loose material off- construction period to ensure
site shall be covered. that construction eriod air
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■ All visible mud or dirt tracked-out pollution control measures
onto adjacent public roads shall be are being implemented at the
removed using wet power vacuum project site.
street sweepers at least once per
day.The use of dry power
sweeping is prohibited.
■ All vehicle speeds on unpaved
roads shall be limited to 15 miles
per hour(mph).
■ All roadways,driveways,and
sidewalks to be paved shall be
completed as soon as possible.
Building pads shall be laid as soon
as possible after grading unless
seeding or soil binders are used.
■ Construction equipment idling
times shall be minimized either by
shutting equipment off when not
in use or reducing the maximum
idling time to 2 minutes(as
required by the California airborne
toxics control measure Title 13,
Section 2485 of California Code of
Regulations[CCR]).Clear signage
shall be provided for construction
workers at all access points.
■ All construction equipment shall
be maintained and properly tuned
in accordance with the
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manufacturer's specifications.All
equipment shall be checiced by a
certified mechanic and determined
to be running in proper condition
prior to operation.
• The project applicant shall post a
publicly visible sign with the
telephone number and person to
contact at the City of Cupertino
regarding dust complaints.This
person shall respond to complaints
and take corrective action within
48 hours.The BAAQMD's phone
number shall also be visible to
ensure compliance with applicable
regulations.
■ All exposed surfaces shall be
watered at a frequency adequate
to inaintain minimum soil
moisture of 12 percent.Moisture
content can be verified by lab
sainples or a moisture probe.
■ All excavation, grading, and/or
demolition activities shall be
suspended when average wind
speeds exceed 20 mph.
• Vegetative ground cover(e.g., fast-
germinating native grass seed) or
other lants that offer dust
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mitigation measures shall be
planted in disturbed areas as soon
as possible and watered
appropriately until vegetation is
established.
• The simultaneous occurrence of
excavation,grading,and ground-
disturbing construction activities
on the same area at any one time
shall be limited.To the extent
feasible,activities shall be phased
to reduce the amount of disturbed
surfaces at any one time.
• All trucks and equipment,
including their tires,shall be
washed off prior to leaving the
site.
■ Sandbags or other erosion control
measures shall be installed to
prevent silt runoff to public
roadways from sites with a slope
greater than 1 percent.
■ Use low volatile organic
compound(i.e.,ROG)coatings
beyond the local requirements
(i.e.,Regulation 8,Rule 3:
Architectural Coatings).
■ To the maximum extent feasible,
all construction e ui ment, diesel
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trucl<s, and generators shall be
equipped with Best Available
Control Technology for emission
reductions of NOx and PM.
■ To the maxiinum extent feasible,
all contractors shall use equipment
that meets ARB's most recent
certification standard for off-road
heavy duty diesel engines.
• �xcluding the following
equipment, ensure that all diesel-
powered off-road equipment used
on-site meets U.S.EPA"Tier 2"
exhaust einission standards,and
that engines are equipped with
California ARB "Leve13 Verified
Diesel Emission Control
Strategies" (which include diesel
particulate filters)or are certified
to ineet the U.S. EPA "Tier 4
Interim" standard for particulate
matter emissions. Equipment that
will meet U.S. EPA"Tier 2"
exhaust emission standards but
will not be equipped with
California "Leve13 Verified Diesel
Emission Control Strategy" shall
be limited to:
o Scra ers 623G
:
LSA ASSOCIATES, INC. APPLE CAh1PUS 2 PROJECT EIR
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o Scrapers 633B
o Four of the six proposed
Scrapers 657G
■ Ensure that trucks used at the site
to haul material and/or soil are
model year 2007 or newer(or meet
equivalent U.S.EPA emission
standards).
Require all aerial and personnel
lifts less than 50 horsepower to be
fueled with natural gas or
ro ane.
AIR-2:Implement Mitigation Measure See Mitigation Measure See Mitigation Measure See Mitigation Date:
TRANS-9b(which requires Apple to TRANS-9b. TRANS-9b. Measure TRANS-9b.
expand its TDM Program and Signature:
increase the reduction in peak hour
tri s from 28 ercent to 34 ercent).
AIR-3:Implement Mitigation See Mitigation Measures See Mitigation Measures AIR- See Mitigation Date:
Measures AIR-1 and AIR-2. AIR-1 and AIR-2. 1 and AIR-2 Measures AIR-1 and
AIR-2 Si nature:
AIR-4:The project sponsor shall See Mitigation Measure See Mitigation Measure AIP.- See Mitigation Date:
implement Mitigation Measure AIR-1 AIR-1.In addition,the 1. Measure AIR-1.
and the following additional measure: project sponsor shall design Signature:
• To the maximum extent feasible, material staging roads such The Community Prior to the issuance
material staging roads shall be set that they are set back from Development Department of grading,building,
back from the curb by at least 65 the curb by at least 65 feet shall review the construction or permits.
feet. to the maximum extent plans for the project and
feasible. verify that material staging
roads are set back from the
:
LSA ASSOCIATES, INC. pppLE CAMPUS 2 PROJECT EIR
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curb by at least 65 feet,where
feasible, or another location
approved by the City
following a demonstration of
wh 65 feet is not feasible.
M. PUBLIC SERVICES AND UTILITIES
PSU-1:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
implement signal preemption signals install signal preemption Department shall verify that into a street
at the following intersections signals at the intersections signal preemption signals are improvement Signature:
(identified by the City and SCCFD as identified in Mitigation installed at the intersections agreement,
the ones most likely to be used by Measure PSU-1 or provide identified in Mitigation including bonds or
emergency vehicles accessing the payment to the City to Measure PSU-1. other surety to
project site).The signal preemption allow for the installation of guarantee the
signals would allow emergency such signals. mitigation measure,
vehicles to pass through approxi- the project sponsor
mately 30 seconds before arrival. shall have plans
• North Blaney Avenue and East approved by the
Homestead Road City.
• North Tantau Avenue and East
Homestead Road
■ North Tantau Avenue and
Pruneridge Avenue
�• North Tantau Avenue and Vallco
Parkway
• North Tantau Avenue and Project
Entrance
• North Wolfe Road and Pruneridge
Avenue
■ North Wolfe Road and Pro'ect
:
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Entrance
■ North Wolfe Road and East
Homestead Road
■ North Wolfe Road and I-280(two
interchanges)
■ North Wolfe Road and Vallco
Parkway
■ Stevens Creek Boulevard and
Perimeter Road
■ Stevens Creek Boulevard�nd
Finch Avenue
■ Stevens Creek Boulevard and
Tantau Avenue
• Heron Avenue and�ast
Homestead Road
PSU-2:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. Measures PLAN-1
ancl PLAN-3. Si ature:
.,
RESOLUTION NO. 13-083
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A GENERAL PLAN AMENDMENT TO ALLOW A CHANGE IN THE LAND
USE DESIGNATION OF A 1.1 ACRE AREA FROM PARKS AND OPEN SPACE TO
INDUSTRIAL/RESIDENTIAL TO BE REFLECTED IN THE LAND USE MAP AND VARIOUS
FIGURES AND TABLES, THE ELIMINATION OF A SEGMENT OF PRUNERIDGE AVENUE
FROM VARIOUS REFERENCES AS A MINOR COLLECTOR AND BIKE LANE TO REFLECT
THE CLOSURE AND VACATION OF THIS SEGMENT OF THE STREET, THE POTENTIAL
RELOCATION OF GLENDENNING BARN FROM THE PROJECT SITE AND A CHANGE IN
THE PRIMARY BUILDING BULK SETBACK FOR N. TANTAU AVENUE FROM 1.5 TO 1
SLOPE LINE FROM THE CURB LINE TO A 1 TO 1 SLOPE LINE FROM THE CURB LINE,
CHANGES ASSOCIATED WITH THE DEVELOPMENT OF THE APPLE CANII'US AND
POTENTIAL DEVELOPMENT AGREEMENT IN POLICY 2-35: VALLCO PARK NORTH FOR
A PROJECT LOCATED AT THE AREA BOUNDED BY EAST HOMESTEAD ROAD, NORTH
TANTAU AVENUE, I-280, NORTH WOLFE ROAD INCLUDING PROPERTIES LOCATED ON
THE EAST SIDE OF NORTH TANTAU AVENUE
SECTION I: PROTECT DESCRIPTION &RECITALS
Application No(s).: GPA-2011-03 (EA-2011-12)
Applicant: Apple Inc. (Dan Whisenhunt)
Owner: Apple Inc.
Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280,
North Wolfe Road including properties located on the east side of North
Tantau Avenue (APN Nos. 316 06 033; 316 06 038; 316 06 039; 316 06 045;
316 06 046; 316 06 048; 316 06 049; 316 06 050; 316 06 051; 316 06 052; 316
06 053; 316 07 044; 316 07 045; 316 07 046; 316 09 019; 316 09 027; 316 09
028;31618 012; 31618 025; 31618 026;31618 027;31618 035)
Subject: Amendment to General Plan to accommodate the development of a
3,789,000 s.f. an office, research and development campus and related
development.
WHEREAS, the City Council of the City of Cupertino received an application (Application no.
GPA-2011-03) for a General Plan Amendment as described in Section I of this Resolution,
commonly referred to as the "Apple Campus 2" project; and
WHEREAS, the Application for General Plan Amendments are for amendments required for
the Apple Campus 2 Project, which consists of demolition of all existing structures within the
project site, vacation of a portion of Pruneridge Avenue and vacation of various public
easements, and the construction of 3,420,00 square feet of office, research, and development
uses; 245,000 square feet of auditorium, fitness center, and Valet Parking Reception uses; 92,000
square feet of utility plants; and parking and ancillary buildings (such as security reception
areas and landscape maintenance buildings), of which the proposed buildings are designed to
Resolution No.13-083 GPA-2011-03 October 15,2013
Page-2
be energy efficient and to use renewable energy (including energy produced on site via
photovoltaic infrastructure and fuel cells), all as fully described and analyzed in the june 2013
Apple Campus 2 Project Environmental Impact Report ("Draft EIR") (State Clearinghouse No.
2011082055), as amended by text revisions in Chapter N of the September 2013 Apple Campus
2 Project EIR Response to Comments Document ("Response to Comments Document")
(collectively, the Final EIR); and
WHEREAS, the Final EIR was presented to the City Council on October 1, 2013 at a Joint
Planning Cominission and City Council Study Session; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission held a public hearing on
October 2, 2013 in regard to the applications;and
WHEREAS, the Planning Commission held a public hearing and voted 4-0-1 (1-recusal) to
recommend that the City Council approve Findings Revision #1 (October 1, 2013) to adopt
Mitigation Measure TRANS-23 (Alternate), as amended to delete the penalty provisions, to
allow three left turn lanes out of the project driveway on to N. Wolfe Road, a Resolution
Recommending Certification of an Environmental Impact Report (EIR), adoption of Findings
and a Statement of Overriding Considerations, adoption of Mitigation Measures, and adoption
of a Mitigation Monitoring and Reporting Program in substantially sunilar form to the
Resolution, as amended (Resolution no. 6727); Approve the General Plan Amendment, GPA-
2011-03, in substantially similar form to the Resolution presented (Resolution no. 6728);
Approve the Zoning Map Amendment, Z-2011-03, in substantially similar form to the
Resolution presented (Resolution no. 6729);Approve the Vesting Tentative Map, TM-2011-03, in
substantially similar form to the Resolution presented (Resolution no. 6732) ; Approve the
Development Permit, DP-2011-04, Use Permit, U-2011-11, Architectural and Site Approval,
ASA-2011-14 and Tree Removal Permit, TR-2011-39, in substantially similar form to the
Resolution presented (Resolution no. 6731); and Approve the Development Agreement, DA-
2011-01,in substantially similar form to the Resolution presented (Resolution no. 6730); and
WHEREAS, Supplemental Text Revisions, Apple Campus 2 Project Final Environxnental Impact
Report, which is part of the Final EIR, identifies a third alternative mitigation measure for
Impact TRANS-23, a third alternative mitigation measure for Impact TRANS-27, and discloses
recent amendments to Chapter 6.5 of Division 13 of the Public Resources Code; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council held a public hearing on October 15,
2013 in regard to the applications; and
WHEREAS, after consideration of evidence contained in the entire administrative record, at the
public hearing on October 15, 2013, the City Council adopted Resolution No. 13-082 certifying
the EIR, adopting Findings and a Statement of Overriding Considerations, adopting Mitigation
Measures, and adopting of a Mitigation Monitoring and Reporting Program.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of the, maps, facts, exhibits, testimony, public comment, and
Resolution No.13-083 GPA-2011-03 October 15,2013
Page-3
other evidence submitted in this matter, the City Council approves Application Number GPA-
2011-03 based upon the findings described in Section II of this resolution, the public hearing
record and the Minutes of Planning Commission Meeting of October 2, 2013, and subject to the
conditions specified in Section III of this resolution.
SECTION II: FINDINGS
The proposed project necessitates the need for amendments to the General Plan in the following
areas of the General Plan:
1. A change in the land use designation of a portion of the project site located south of
Pruneridge Avenue and east of The Hamptons from Parks and Open Space to
Industrial/Residential and amendments to associated figures to reflect this change.
2. An amendment to Figure 2-G, Cupertino's Historic Resources, to reflect the relocation of
the Glendenning Barn.
3. Amendments to the General Plan to reflect the vacation of Pruneridge, including, but not
limited to:
a. Amendments to Figure 4-B, Bikeways, to remove the Pruneridge Avenue bicycle lane
and to reflect bike facilities on East Homestead Road, North Tantau Avenue, Vallco
Parkway and North Wolfe Road.
b. Amendments to Figure 4-C, Circulation Plan, to remove the "Minor Collector"
designation from Pruneridge Avenue and eliminate a portion of the street segment
between North Wolfe Road and North Tantau Avenue.
4. Amendments to Policy 2-35, Vallco Park North, to reflect changes to this special center
related to approval of the Apple project and the associated Development Agreement and
to reflect the cancellation of the HP Development Agreement.
5. Amendments to the setback ratio for North Tantau Avenue between Stevens Creek
Boulevard and Homestead Road from 1.5:1 to 1:1 to allow the flexibility related to an
identified mitigation measure to add a southbound right-turn lane on North Tantau
Avenue to Stevens Creek Boulevard.
6. Adjustments to other General Plan figures to reflect the removal of Pruneridge Avenue,
the removal of the Parks and Open Space designation from the site and the relocation of
Glendenning Barn.
General Plan Chan�e 1 —Parkland Desi�nation Change
The applicant shall either provide sufficient funds for the acquisition of 1.1 acres of property by tlie City
for future park development and fund park improvements and long term maintenance of the park; or fund
park improvements and long term maintenance of tlie park and agree to purchase (unless other property
currently owned by the applicant is proposed), designate, and dedicate to the City 1.1 acres elsewhere in
tlie City as Parks and Open Space, subject to the satisfaction of tlie City, provided the land would be
Resolution No.13-083 GPA-2011-03 October 15,2013
Page-4
publicly accessible. This obligation of the applicant to provide either funds or parkland would adequately
offset the loss of the designated future parks and open space area in the General Plan.
General Plan Chan�e 2—Glendenning Bam
Currently, Glendenning Barn is located on private property with no public access and limited visibility.
If Glendenning Barn is relocated to city-owned property, the public will be able to access this valuable
historical resource with the applicant providing the City with sufficient funds to ensure appropriate
relocation and preservation of the locally designated historic structure at an offsite location.
General Plan Change 3—Pruneridge Vacation
Pruneridge Avenue as it exists currently through the site will be vacated and terminate approximately
650 feet east of the intersection of N. Wolfe Road and Pruneridge Avenue and at the intersection of
Pruneridge Avenue and N. Tantau Avenue on the west. This will change the circulation patterns in the
area. However to offset this loss of Pruneridge Avenue, the pedestrian and bicycle environment around
the perimeter of the site and beyond shall be improved to facilitate easier pedestrian and bicycle circulation
in the area. Traffic which currently utilizes Pruneridge to enter the project site wi11 be directed to project
entrances on N. Wolfe Road and N. Tantau Avenue while through traffic on Pruneridge will be diverted
to alternative routes such as Homestead Road and Vallco Parkway, both of which will be enhanced by
improvements proposed with this project.As confirmed by Resolution No. 6728 adopted by the Planning
Commission, with these General Plan Amendments, the street vacation and any disposition of the land
underlying the area subject to the vacation is in conformity with the General Plan.
General Plan Change 4—Vallco Park North Policy 2-35
This portion of the General Plan will be changed to reflect the new uses of the site encompassed by the
Project and the Development Agreement present to the City Council. This portion of the General Plan
will eliminate references to a past property owner in this Special Center (HP) and a Development
Agreement tllat was associated with it.
General Plan Chan�e 5 - Setback Ratio Change for North Tantau Avenue between Stevens
Creek Boulevard and Homestead Road
Mitigation measures proposed to improve traffic circulation include the provision of a through lane in the
northbound direction on N. Tantau Avenue between Vallco Parkway and Stevens Creek Boulevard. Tl1is
will involve property acquisition, and therefore, may render a previously legal conforming building, legal
non-conforming. In order to accommodate the mitigation measure witliout making a previously approved
project non-conforming, clianges will be made to the setback ratio for North Tantau Avenue between
Stevens Creek Boulevard and Homestead Road.
General Plan Chan�e 6—Other General Plan Chan�es
Additional General Plan clianges will be made to ensure internal consistency witlzin the document and
various figures and tables to reflect the changes discussed above. These changes are supported by the
findings listed below.
Resolution No.13-083 GPA-2011-03 October 15,2013
Page-5
These General Plan Amendments ("Amendments") are necessary to accommodate the Project as
described in the Draft Environmental Impact Report. T'he Project will contribute to the health,
safety and welfare of the public and the community as a whole. It would create a world-class
corporate campus. The Project would increase employment in Cupertino by increasing the
number of employees on the site. The Project will increase the number of trees on the site. The
Project requires a single, unified, private and secure campus in order to address the advanced
security needs of the applicant. These security concerns and the overall project design require
the vacation of Pruneridge by separate City Council action. The circulation of pedestrian and
bicycles around the site will be enhanced in order to offset the impact upon pedestrians and
bicycle traffic due to the closure of Pruneridge Avenue. The Project will greatly expand the
permeable surface area and create substantial private open space. In order to reduce its impact
on the environment, the Project will utilize onsite photovoltaics and fuel cells and obtain the
remainder of its energy needs from the State of California Direct Access Program, off-site
Apple-owned renewable energy projects or grid-purchased renewable energy. The Project will
utilize extensive Traffic Demand Management strategies in order to minimize the number of
single occupant vehicles driving to and from the site. The Project includes traffic mitigation
measures designed to reduce the impact upon the neighborhood, the City and the surrounding
and affected communities. Additional traffic enhancements and improvements have been
included to minimize the impact upon the community and the surrounding communities and
adjacent roads or freeways.
SECTION III: INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its
City Council, its officers, employees and agents (the "indemnified parties") from and against
any claim, action, or proceeding brought by a third party against the indemnified parties and
the applicant to attack, set aside, or void this Resolution or any permit or approval authorized
hereby for the project, including (without limitation) reimbursing the City its actual attorneys'
fees and costs incurred in defense of the litigation. Applicant and City shall use best efforts to
select mutually agre�able legal counsel to defend such action, and Applicant shall pay all
compensation for such Iegal counsel, following Applicant's receipt of invoices from City,
together with reasonable supporting documentation. Such compensation shall include
reasonable compensation paid to counsel not otherwise employed as City staff and shall include
City Attorney time and overhead costs and other City staff overhead costs and any costs
directly related to the litigation reasonably incurred by City. If Applicant and the City cannot in
good faith agree on joint counsel, the City shall have the right to retain counsel of its own
choosing, separate from Apple's litigation counsel.
SECTION IV: CEQA REVIEW
An Environmental Impact Report for the Subdivision was prepared in accordance with the
California Environmental Quality Act(CEQA), Public Resources Code Section 21000 et seq.
Resolution No.13-083 GPA-2011-03 October 15,2013
Page-6
PASSED AND ADOPTED at an Adjourned Regular Meeting of the City Council of the City of
Cupertino the 15th day of October 2013,by the following roll call vote:
Vote: Members of the City Council:
AYES: Mahoney, Wong, Chang and Santoro
NOES: None
ABSTAIN: None
ABSENT: None
RECUSE: Sinks
ATTEST: APPROVED:
i
�
� r� �
Grace Schmidt ��—l�—�� Orrin Mahoney
City Clerk Mayor, City of Cupertino
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE
ATTEST I� � 2 � . 20 �3
CITY CLERK OF THE CITY OF CUPERTINO
.
BY K�"�-� ,
CITY Cl..�l3K
RESOLUTION N0.13-084
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF
APPROXIMATELY 2.66 MILLION SQUARE FEET OF EXISTING OFFICE, RESEARCH AND
DEVELOPMENT BUILDINGS AND THE CONSTRUCTION OF 3.42 MILLION SQUARE FEET
OF OFFICE, RESEARCH AND DEVELOPMENT BUILDINGS; 120,000 SQ.FT. (1,000 SEAT)
CORPORATE AUDITORIUM, 100,000 SQ.FT. CORPORATE FITNESS CENTER, AND 25,000
SQ.FT.VALET PARKING RECEPTTON USES;92,000 SQUARE FEET OF UTILTTY PLANTS;
AND ASSOCIATED PARKING FACILITIES AND ANCILLARY BUILDINGS (SUCH AS
SECURITY RECEPTTON AREAS AND LANDSCAPE MAINTENANCE BUILDINGS);USE
PERMIT TO ALLOW A CORPORATE AUDITORIUM AND FITNESS CENTER AT A NEW
OFFICE, RESEARCH AND DEVELOPMENT CAMPUS;ARCHITECTURAL AND SITE
APPROVAL TO ALLOW A NEW 2.82 MILLION SQUARE FEET OFFICE, RESEARCH AND
DEVELOPMENT BUILDING WITH 2,385 BASEMENT PARKING SPACES AND A
CAFETERIA, A 5,870 PARKING SPACE STRUCTURED PARKING FACILITY WITH
ATTACHED CENTRAL PLANT,A 1,000 SEAT CORPORATE AUDITORIUM, A FITNESS
CENTER, AND ASSOCIATED SITE INIl'ROVEMENTS INCLUDING ACCESS TUNNELS, A
SURFACE PARKING LOT, OUTDOOR DINING AND RECREATIONAL FACILITIES AND
LANDSCAPING;TREE REMOVAL PERMTT TO ALLOW THE REMOVAL OF
APPROXIMATELY 3,710 TREES, OF WHICH, APPROXIMATELY 90 TREES ARE PROPOSED
TO BE TRANSPLANTED, AND REPLACEMENT WITH AT LEAST 6,200 TREES TO ALLOW
THE CONSTRUCTION OF AN OFFICE, RESEARCH AND DEVELOPMENT CAMPUS FOR A
PROJECT LOCATED AT THE AREA BOUNDED BY EAST HOMESTEAD ROAD, NORTH
TANTAU AVENUE, I-280, NORTH WOLFE ROAD INCLUDING PROPERTIES LOCATED ON
THE EAST SIDE OF NORTH TANTAU AVENUE
Application No(s).: ASA-2011-14, DP-2011-04,TR-2011-39, U-2011-11 (EA-2011-12)
Applicant: Apple Inc. (Dan Whisenhunt)
Owner: Apple Inc.
Location: Area bounded by East Homestead Road, North Tantau Avenue, I-280,
North Wolfe Road including properties located on the east side of North
Tantau Avenue (APN Nos. 316 06 033; 316 06 038; 316 06 039; 316 06 045;
316 06 046; 316 06 048; 316 06 049; 316 06 050; 316 06 051; 316 06 052; 316
06 053; 316 07 044; 316 07 045; 316 07 046; 316 09 019; 316 09 027; 316 09
028;31618 012;31618 025; 31618 026;31618 027;31618 035)
Subject: Approval of a 3,789,000 sq.ft. office, research and development campus
WHEREAS, an application was received by the City (Application no. DP-2011-04) for a
Development Permit to allow the demolition of approximately 2.66 million square feet of
existing office, research and development buildings and the construction of 3.42 million square
feet of office, research, and development buildings; 120,000 sq.ft. (1,000 seat) corporate
Resolution No.13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
Page-2
auditorium, 100,000 sq.ft. corporate fitrtess center, and 25,000 sq.ft. valet parking reception uses;
92,000 square feet of utility plants; and associated parking facilities and ancillary buildings
(such as security reception areas and landscape maintenance buildings); and
WHEREAS, an application was received by the City (Application no. U-2011-11) for a
Conditional Use Permit to allow a corporate auditorium and fitness center at a new office,
research and development campus; and
WHEREAS, an application was received by the City (Application ASA-2011-14) for
Architectural and Site Approval to allow a new 2.82 million square feet office, research and
development building with 2,385 basement parking spaces and a cafeteria, a 5,870 parking
space structured parking facility with attached central plant, a 1,000 seat corporate auditorium,
a fitness center, and associated site improvements including access tunnels, a surface parking
lot, outdoor dining and recreational facilities and landscaping;
WHEREAS, an application was received by the City (Application no. TR-2011-39) for a Tree
Removal Permit to allow the removal of approximately 4,501 trees, of which, approximately 90
trees are proposed to be transplanted, and replacement with at least 6,200 trees
WHEREAS, the Development Permit is required for the Apple Campus 2 Project, which consists
of demolition of all existing structures within the project site and the construction of 3,420,00
square feet of office, research, and development uses; 245,000 square feet of auditorium, fitness
center, and Valet Parking Reception uses; 92,000 square feet of utility plants; and parking and
ancillary buildings (such as security reception areas and landscape maintenance buildings), of
which the proposed buildings are designed to be energy efficient and to use renewable energy
(including energy produced on site via photovoltaic infrastructure and fuel cells), all as fully
described and analyzed in the June 2013 Apple Campus 2 Project Environmental Impact Report
("Draft EIR") (State Clearinghouse No. 2011082055), as amended by text revisions in Chapter IV
of the September 2013 Apple Campus 2 Project EIR Response to Comments Document
("Response to Comments Document") (collectively, the "Final EIR"); and
WHEREAS, the Conditional Use Permit is required to allow a corporate auditorium and fitness
center at a new office, research and development campus, also fully described and analyzed in
the Final EIR; and
WHEREAS, the Architectural and Site Approval is required for a new 2.82 million square feet
office, research and development building with approximately 2,385 basement parking spaces
and a cafeteria, an approximately 5,870 parking space structured parking facility with attached
central plant, a 1,000 seat corporate auditorium, a fitness center, and associated site
improvements including access tunnels, a surface parking lot, outdoor dining and recreational
facilities and landscaping, also fully described and analyzed in the Final EIR; and
WHEREAS, the Tree Removal Permit is required to allow the removal of approximately 3,710
trees, of which, approximately 90 trees are proposed to be transplanted, and replacement with
at least 6,200 trees to allow the construction of an office, research and development campus for
the Apple Campus 2 Project also fully described and analyzed in the Final EIR; and
WHEREAS, the necessary public notices have been given as required by the procedural
Resolution No.13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
Page-3
ordinances of the City of Cupertino and the Government Code, the Final EIR was presented to
the City Council and Planning Commission on October 1, 2013 at a Joint Planning Commission
and City Council Study Session and to the Planning Commission on October 2, 2013 at a public
hearing; and
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning Commission
held a public hearing on October 2, 2013 and the City Council held a public hearing on October
15,2013 in regard to the applications;and
WHEREAS, based on substantial evidence in the administrative record, on October 2, 2013, the
Planning Commission held a public hearing and voted 4-0-1 (1-absent) to recommend that the
City Council approve Findings Revision #1 (October 1, 2013) to adopt Mitigation Measure
TRANS-23 (Alternate), as amended to delete the penalty provisions, to allow three left tum
lanes out of the project driveway on to N. Wolfe Road, a Resolution Recommending
Certification of an Environmental Impact Report(EIR), adoption of Findings and a Statement of
Overriding Considerations, adoption of Mitigation Measures, and adoption of a Mitigation
Monitoring and Reporting Program in substantially similar form to the Resolution, as amended
(Resolution no. 6727); Approve the General Plan Amendment, GPA-2011-03, in substantially
similar form to the Resolution presented (Resolution no. 6728); Approve the Zoning Map
Amendment, Z-2011-03, in substantially similar form to the Resolution presented (Resolution
no. 6729); Approve the Vesting Tentative Map, TM-2011-03, in substantially similar form to the
Resolution presented(Resolution no. 6732);Approve the Development Permit,DP-2011-04, Use
Permit,U-2011-11, Architectural and Site Approval, ASA-2011-14 and Tree Removal Permit, TR-
2011-39, in substantially similar form to the Resolution presented (Resolution no. 6731); and
Approve the Development Agreement, DA-2011-01, in substantially similar form to the
Resolution presented (Resolution no. 6730); and
WHEREAS, Supplemental Text Revisions, Apple Campus 2 Project Final Environmental Impact
Report, which is part of the Final EIR, identifies a third alternative mitigation measure for
Impact TRANS-23, a third alternative mitigation measure for Impact TRANS-27, and discloses
recent amendments to Chapter 6.5 of Division 13 of the Public Resources Code; and
WHEREAS, after consideration of evidence contained in the entire administrative record, at the
public hearing on October 15, 2013, the City Council adopted Resolution No. 13-082 certifyulg
the EIR, adopting Findings and a Statement of Overriding Considerations, adopting Mitigation
Measures, and adopting of a Mitigation Monitoring and Reporting Program.
NOW,T'HEREFORE, BE IT RESOLVED:
Except as otherwise provided below with respect to the tree removal permit and those portions
of the Development Permit authorizing building demolition, utility relocation work and
construction of a temporary sound wall, this Resolution shall not become effective unless and
until City and Apple have entered into the Development Agreement, and City Council
Ordinance No. 13-2114 approving the Development Agreement and City Council Ordinance No.
13-2113 approving the Rezoning of an approximately 1.1 acre area from Park and Recreation (PR)
to Planned Industrial Park (P(MP)) located at APN 316 06 050 and 316 06 051 have become
Resolution No.13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
Page-4
effective. The tree removal permit and those portions of the Development Permit authorizing
building demolition and utility relocation work shall become effective on the day following the
second reading of City Council Ordinance No. 13-2114 and City Council Ordinance No. 13-2113,
and shall remain in effect regardless of whether City and Apple enter into the Development
Agreement or whether City Council Ordinance No. 13-2114 or City Council Ordinance No. 13-
2113 become effective. Those portions of the Development Permit authorizing construction of a
temporary sound wall shall become effective 10 days following the date of adoption of this
Resolution.
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted
in this matter, the City Council hereby approves Application Nos. ASA-2011-14, DP-2011-04, TR-
2011-39, U-2011-11 based upon the findings described in Section II of this resolution, the public
hearing record, the Minutes of Planning Commission Meeting of October 2, 2013 and the City
Council Meeting of October 15, 2013, and subject to the conditions specified in Sections III and IV
of this resolution.
SECTTON II: FINDINGS �
A. DEVELOPMENT PERMIT(APPLICATION NO.DP-2011-04):
1. The proposed development at the proposed location will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare or convenience;
The Project is designed to minimize the impact upon the surrounding community and the
environment. In order to reduce its impact on the environment, the Project will utilize onsite
photovoltaics and fuel cells and obtain the remainder of its energy needs from the State of California
Direct Access Program, off-site Apple-owned renewable energy projects or grid-purchased renewable
energy. The Project has been designed to incorporate passive heating and cooling in the main office
building which will use ambient air. This will reduce the use of inechanical cooling making for a more
efficient and better work environment. The project has been designed to minimize its impact upon the
neighbors, adjacent roads and freeways and the environment. Appropriate mitigation measures to
address traffic impacts along with the adoption of an aggressive but achievable Transportation
Demand Management Plan will further reduce the traffic impacts of the project. Adequate buffer has
been provided around the project to allow privacy and to ��educe impacts to neighbors. The site has a
Corporate Fitness Center wllich would enable employees to attend to tlleir general health and
incorporates many jogging trails and an on-site bike sharing program. The project also has a large on-
site restaurant with several smaller indoor and outdoor dining facilities.
The project increases the amount of landscaped green space to over 100 acres. Tlie landscape design of
meadows, and woodlands will create an ecologically rich oak savanna reminiscent of the early Santa
Clara Valley. It will incorporate both young and mature trees, and native and drouglit tolerant
plants, that will tli�•ive in Santa Clara County with minimal water consumption. In addition, the
project includes some orchard fruit trees, the fruit from which will be used at the on-site dining
Resolution No.13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
Page-5
facilities furthering sustainability principles. The project proposes to add at least 1,700 additional
trees to the site and increase the pervious surface areas on site significantly improving stormwater
quality and reducing run-off: Site access has been designed to consolidate entry and exit in order to
reduce conflict with pedestrian and bicycle activity and is directed away fi�om the residential
neighborhood. Adequate emergency access has been provided on site. The design of the Project and its
environmental attributes are not detrimental to the healtlT, safety, peace, morals and general welfare
of persons residing or working in the neighborhood of the subject parcels.
2. The proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, underlying zoning regulations, the purpose of this
title and complies with the California Environmental Quality Act(CEQA).
The majority of the site is designated Industrial/Residential in the General Plan Land Use Map,
which allows, among other uses, research and development and supporting uses. The Zoning
designation for most of the site is Planned Development (Planned Industrial Park) (P(MP)), which
similarly allows, among otlier uses, researcli and development and supporting uses. The Planned
Development district allows the City flexibility to approve project specific development standards
different from the standards outlined in the Zoning regulations for the site. A small portion of the
project site is currently designated for use as a public park in both the General Plan and Zoning;
however, the concurrent General Plan Amendment and Rezoning of a portion of the site will ensure
that the project is in compliance with the General Plan and the Zoning regulations governing the
project site. The project furthers many General Plan policies, notably, General Plan Policy 2-44:
Maintaining Cohesive Commercial Centers and Office Parks which states that "Cohesive commercial
centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain
opportunities for existing businesses to expand in response to changing business trends." The same
General Plan policy goes on to state " ..... the office parks are located at Vallco (North of Highway
280),....." The Project also promotes: Policy 2-40 (maintaining the vitality of business and
manufacturing), Policy 2-20, Strategy 3 (diversity of land use, major companies), and Policy 2-42
(revenue analysis of office developments). Finally, the project also proposes to make improvements for
the alternate Calabazas Creek trail furthering Policy 2-73, Trails. Therefore, the proposed
development substantially conforms to the General Plan and is substantially consistent with the
underlying Zoning.
As described in the CEQA approvals, tlze Project has mitigated most impacts within the City of
Cupertino to a level of less than significant. Those impacts that cannot be mitigated to a level of less
tlzan significant will be mitigated to tlie extent feasible. Additionally, where there are impacts at
locations outside the jurisdiction of the City of Cupertino,feasible mitigation measures have been
identified which will reduce impacts to less-than-significant. However, since the ap�roval of the
mitigation measure is subject to the approval of an agency other than the City of Cupertino, tlze City
cannot guarantee tlze const��uction of the mitigation measure. In these cases, the Final EIR requires
tlTat Apple diligently pursue approval of suclz mitigation measures and provide funding, but due to
the possibility that the measures might not be implemented, it finds tliat the impacts are significant
and unavoidable. All feasible mitigation measures have been adopted and made conditions of project
approval. As set out more fully in the Resolution of tlie City Council of the City of Cupertino
Resolution No.13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
Page-6
certifying An Environmental Impact Report for the Apple Campus 2 project; and Adopting the
Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation
Monitoring and Reporting Program, the project complies with CEQA.
B. CONDIT'IONAL USE PERMIT(APPLICATION NO. U-2011-11):
1. The proposed use, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience;
The Project proposes to add a 1,000 seat Corporate Auditorium and Corporate Fitness Center. The
applicant would use the Corporate Auditorium for product Iaunches and other events with up to 350
invited guests. The availability of a Corporate Auditorium as an in-house amenity to the employees in
an office campus is fairly common. For these reasons, the City finds that the Corporate Auditorium
will not be detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety,general welfare, or convenience.
Additionally, the provision of a Corporate Fitness Center is another fairly common amenity for
employees. The availability of the Corporate Fitness Center on site would allow employees to stay on
campus and visit a physician reducing the number of trips to and from the campus, reducing vehicle
miles travelled in general and reducing traffic in the general vicinity. Finally, the availability of a
gym on campus will generally benefit employee health and general welfare. For these reasons, the City
finds that the that the Fitness center will not be detrimental or injurious to property or improvements
in the vicinity, and will not be detrimental to the public health, safety, general welfare, or
convenience.
Botli of these amenities have been designed to minimize impacts upon the public and will contribute
to enhanced general welfare and convenience by allowing the consolidation of many of Apple's
employees in one location.
2. The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan, underlying zoning regulations, and the purpose of this title
and complies with the California Environmental Quality Act(CEQA).
The majority of tlae site is designated Industrial/Residential in the General Plan Land Use Map,
which allows, among other uses, 1•eseai•c11 and development and supporting uses. Tl1e Zoning
designation for most of the site is Planned Development (Planned Industrial Pa�•k) (P(MP)), which
similarly allows, among other uses, research and development and supporting uses. T11e Planned
Development district allows the City flexibility to approve project specific development standards
different from the standards outlined in the Zoning regulations for the site. A small portion of tlTe
project site is currently designated for use as a public park in both the General Plan and Zoning;
however, the concurrent General Plan Amendment and Rezoning of a portion of the site will ensure
that the project is in compliance witJ1 the General Plan and the Zoning regulations governing the
project site. Tlie provision of these two in-house amenities allows the development of a unified and
consolidated corporate office, research and development campus. The �roject, as a wlzole, furthers
many General Plan policies, notably, General Plan Policy 2-44: Maintaining Cohesive Commercial
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Centers and Office Parks which states that "Cohesive commercial centers and office parks are
necessary to maintain a healthy sales tax base for the city and to retain opportunities for existing
businesses to expand in response to changing business trends." The same General Plan policy goes on
to state " ..... the office parks are located at Vallco (North of Highway 280),....." The Project also
promotes: Policy 2-40 (maintaining the vitality of business and manufacturing), Policy 2-20,
Strategy 3 (diversity of land use, major companies), and Policy 2-42 (revenue analysis of office
developments).
In addition to research and development and supporting uses being allowed by the underlying zoning
of the properties, auxiliary or ancillary uses may be permitted for uses that are an essential part of the
operations of the use and for recreational uses. Since the Corporate Auditorium is intended for use for
product launches for products developed at the campus, this is considered essential use, while the
Corporate Fitness Center is considered to be a recreational use. Therefore, both these uses comply with
zoning regulations.
While the Final EIR identifies mitigation measures for the project as a whole, it does not identify
specific significant impacts resulting from the development of these two in-house amenities alone. As
described in the CEQA approvals, the Project has mitigated most impacts within the City of
Cupertino to a level of less than significant. Those impacts that cannot be mitigated to a level of less
than significant will be mitigated to the extent feasible. Additionally, where there are impacts at
locations outside the jurisdiction of the City of Cupertino, feasible mitigation measures have been
identified which will reduce impacts to less-than-significant. However, since the approval of the
mitigation measure is subject to the approval of an agency other than the City of Cupertino, the City
cannot guarantee the construction of the mitigation measure. In these cases, the Final EIR requires
t1Tat Apple diligently pursue approval of such mitigation measures and provide funding, but due to
tlze possibility that tlze measures might not be implemented, it finds that the impacts are significant
and unavoidable. All feasible mitigation measures have been adopted and made conditions of project
approval. As set out more fully in the Resolution of the City Council of the City of Cupertino
certifying An Environmental Impact Report for the Apple Campus 2 project; and Adopting the
Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation
Monitoring and Reporting Program, the project complies with CEQA.
C. ARCHITECTURAL AND SITE APPROVAL (APPLICATION NO. ASA-2011-14�:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare or convenience;
The Project is designed to minimize tlie impact upon the surrounding community and the
environment. In order to reduce its impact on the environment, the Project will utilize onsite
photovoltaics and fuel cells and obtain the remainder of its energy needs from tlie State of California
Direct Access Program, off-site Apple-owned renewable energy projects or grid-purchased renewable
energy. Tlie Project has been designed to incorporate passive lzeating and cooling in the main office
building wliich will use ambient air. This will reduce tlze use of inechanical cooling making for a more
efficient and better work environment. The project has been designed to minimize its impact upon tl2e
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neighbors, adjacent roads and freeways and the environment. Appropriate mitigation measures to
address traffic impacts along with the adoption of an aggressive but achievable Transportation
Demand Management Plan will further reduce the traffic impacts of the project. Adequate buffer has
been provided around the project to allow privacy and to reduce impacts to neighbors. The site has a
Corporate Fitness Center which would enable employees to attend to their general health and
incorporates many jogging trails and an on-site bike sharing program. The project also lias a large on-
site restaurant with several smaller indoor and outdoor dining facilities.
The project increases the amount of landscaped green space to over 100 acres. The landscape design of
meadows, and woodlands will create an ecologically rich oak savanna reminiscent of the early Santa
Clara Valley. It will incorporate both young and mature trees, and native and drought tolerant
plants, that will thrive in Santa Clara County with minimal water consumption. In addition, the
project includes some orchard fruit trees, the fruit from which will be used at the on-site dining
facilities furthering sustainability principles. The project proposes to add at least 1,700 additional
trees to the site and increase the pervious surface areas on site significantly improving stormwater
quality and reducing run-off. Site access has been designed to consolidate entry and exit in order to
reduce conflict with pedestrian and bicycle activity and is directed away from the residential
neighborhood. Adequate emergency access has been provided on site. The design of the Project and its
environmental attributes are not detrimental to the health, safety, peace, morals and general welfare
of persons residing or working in the neighborhood of the subject parcels.
2. The proposal is consistent with the purposes of this chapter, the General Plan, any specific
plan, zoning ordinances, applicable planned development permit, conditional use permits,
variances, subdivision maps or other entitlements to use which regulate the subject property
including,but not limited to, adherence to the following specific criteria:
The concurrent General Plan Amendment, Rezoning of a portion of the site, Development Permit for
the project, Vesting Tentative Map, Development Agreement and Conditional Use permit for the
Corporate Auditorium and the Corporate Fitness Center will ensure that the project is in compliance
with the General Plan and the Zoning reguiations governing tlze project site. The project, as a wliole,
furthers many General Plan policies, notably, General Plan Policy 2-44: Maintaining Cohesive
Commercial Centers and Office Parks which states tliat "Coliesive commercial centers and office
parks are necessary to maintain a healthy sales tax base for tlie city and to retain opportunities for
existing businesses to expand in response to changing business trends." Tlie same General Plan
policy goes on to state " ..... the office parks are located at Vallco (North of Highway 280),....." The
Project also promotes: Policy 2-40 (maintaining the vitality of business and manufacturing), Policy
2-20, Strategy 3 (diversity of land use, major com�anies), and Policy 2-42 (revenue analysis of office
developments). Finally, the project also proposes to make improvements for tlie alternate Calabazas
Creek trail furthering Policy 2-73, Trails. Therefore, the proposed development substantially
conforms to the General Plan and is substantially consistent with the underlying Zoning.
The architecture of tlie proposed project particularly furthers General Plan Policy 2-14: Att1•active
Building and Site Design "by careful attention to building scale, mass and placement, architecture,
materials, landscaping, screening of equipment and loading areas and related design
considerations."The project design incorporates several of the strategies included in tliis General Plan
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Policy including articulation and segmentation of wall and roof planes, visual openings in tl2e wall
plane, appropriate setbacks and hierarchical landscaping. In addition, the project incorporates the use
of natural materials in the Fitness Center. Most of the parking for the project is provided in
structured parking that is located underground or on the portion of the site that is least visible from
City streets.
a. Abrupt changes in building scale should be avoided. A gradual transition related to
height and bulk should be achieved between new and existing buildings.
The Project will involve the demolition of all the existing buildings on the site and tlie
construction of new buildings. The buildings approved with this Architectural and Site Approval
all meet the height restrictions of the General Plan. The primary structure is one Izeight and is
designed to not be visible from surrounding properties. The entire site is being re-graded fo
ensure that tliere is a level pad for the first floor of the main building and the underground
parking. With this change, the main building will be the same height. The main building, which
is the primary structure, will be minimally visible from surrounding properties due to the
proposed setbacks, berms and landscaping around the perimeter of the property. The Corporate
Fitness Center will be minimally visible from the street due to the proposed setbacks, berms and
landscaping around the perimeter of the site. A very small portion of the Corporate Auditorium
will be visible above grade. Most of the Corporate Auditorium will be located below the re-graded
site. The Main Parking Structure will be located along I-280 and behind a 8 to 12 foot sound wall
and screened by landscaping, making it minimally visible. In addition, the structures will be
minimally visible from surrounding properties due to the proposed setbacks, berms and
landscaping around the site.
b. In order to preserve design harmony between new and existing buildings and in order
to preserve and enhance property values, the materials, textures and colors of new
buildings should harmonize with adjacent development by being consistent or
compatible with design and color schemes, and with the future character of the
neighborhood and purposes of the zone in which they are situated. The location, height
and materials of walls, fencing, hedges and screen planting should harmonize with
adjacent development. Unsightly storage areas, utility installations and unsightly
elements of parking lots should be concealed. The planting of ground cover or various
types of pavements should be used to prevent dust and erosion, and the unnecessary
destruction of existing healthy trees should be avoided. Lighting for development
should be adequate to meet safety requirements as specified by the engineering and
building departments and provide shielding to prevent spillover light to adjoining
property owners.
The primary office building will be minimally visible from tlze adjacent development and thus will
preserve the design harmony in the area. The project proposes to demolish all existing buildings
and structures on the site and convert an outmoded business paf�k into a world-class corporate
campus with a significant increase in open space and pervious surface. The property values in the
adjacent area will be maintained or enhanced by tlie visible open space at tlTe site. The walls,
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fencing, hedges and screen planting have been designed to minimize the impacts upon adjacent
properties and to be aesthetically pleasing. Storage areas and service buildings will be shielded
from view or set sufficiently back from the property line to not be visible. Permeable surface area
has been increased greatly on the site in order to increase open space. The destruction of healtlly
trees has occurred, but will be replaced by more trees than are removed. The lighting for the
development has been designed so as to not spill over onto adjacent properties. In addition to the
construction of large berms, mature trees are being retained along t1Te perimeter of the site and
several large trees are being planted and others being transplanted to the perimeter of the site to
ensure that there is no glare and light from the development.
c. The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and sfructures shall minimize traffic hazards and shall positively affect
the general appearance of the neighborhood and harmonize with adjacent development.
The Project approval does not propose any signage and therefore this finding does not apply to
this project. However, Apple will file separate signage permits in the future which will be
reviewed, in order to minimize impact upon traffic, the general appearance of the neighborhood
and harmonize with adjacent development.
d. With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
The Project is designed to minimize impacts upon adjacent neighborhoods by the use of berms,
tree planting and extensive setbacks to minimize the visibility of the main building and to ensure
that light and glare do not spill onto adjacent development. The parking structures are located at
tlze southern edge of the property and will be minimally visible only from the freeway. Large
landscaped buffers are being proposed along tl2e shared property lines while tlTe buildings are
setback significantly from residential developments. In addifion, automobile entrances are
consolidated into two locations which will direct traffic away from the residences.As described in
the EIR, operational noise levels will be minimal due to both the setbacks and the nature of tlle
operations and construction noise will be mitigated througli the construction of a tempora�y
soundwall during construction.
D. TTZEE REMOVAL PERMIT(APPLICATION NO.TR-2011-39):
1. The location of the trees restricts the economic enjoyment of the property by severely
limiting the use of property in a manner not typically experienced by owners of similarly
zoned and situated property, and the applicant has demonstrated to the satisfaction of the
approval authority that there are no reasonable alternatives to preserve the tree(s).
The applicant is proposing tlie removal of app�•oximately 3,710 trees, including the relocation of 90
trees within the proposed p1•oject. T)ie trees are part of approved landscape design for existing
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buildings and parking lots. Since the buildings and parking lots will be demolished wifh this project,
the trees would be located in buildable areas. Retention of these landscape trees in their current
location would significantly restrict the ability to redevelop the property in a manner that differs from
the existing configuration of buildings and parking lots. The removal of these trees is necessary to
allow for the development of a project that makes use of the existing site more efficiently. Further, the
Project will result in a significant increase in the number of trees, including more native and drouglzt
tolerant trees. As a part of the project, the project proposes to save and keep approximately 845 trees
in place and transplant approximately 90 trees. The trees removed will be replaced in accordance with
the City's Protected Tree Ordinance.
Trees planted on site will be considered "protected"per the City's definition of Protected Trees. The
consulting arborist has confirmed that the tree replacement plan proposed by the applicant is
consistent with the City's Protected Tree Ordinance requirements. Details of the tree replacements
are provided on Page 7.15 of tlle plan set. At least 6,200 trees (an increase of 1,700 trees over
existing) will be planted as replacement for the trees being removed in box sizes varying from 24"box
(1-3"diameter) to 132"box(8+"diameter), and would include some 15 gallon trees.
Trees relocated include a Memorial tree dedicated to a former HP employee, a 33 inch Oak tree and
several large redwood trees that are planted in a grove around the current Glendenning Barn
location.
Several street trees will also need to be removed with the implementation of the various street
improvements proposed and required as mitigations for the project. The number of street trees to be
removed shall be reviewed with the approval of street improvement permits and reviewed by the
City's Arborist. Tlie replacement of the street trees slzall be in accordance with the requirements of
Clzapter 14.12, Trees, of the Municipal Code.
The tree removals a��e required in order to accommodate the development and to create open space and
additional permeable surface across the entire development.
SECTION III: CONDITIONS OF APPROVAL ADMINISTERED BY THE DEPARTMENTS OF
COMMUNITY DEVELOPMENT AND PUBLIC WORKS
1. APPROVED EXHIBITS
This approval is based on the plan set dated received September 16, 2013 consisting of 159
pages labeled P-1.00 -P1.01, P-1.10 - P1.13, P1.19 - P-1.28, P-1.30 -P-1.31, P-1.40 -P-1.41,
P-2.00-P-2.01, P-3.10-P-3.16, P-4.00-P-4.01, P4.10, P-4.20-P-4.25, P-4.30-P-4.32, P-5.00
-P-5.04, P-6.00 - P-6.01, P-6.10 - P-6.11, P-7.00 -P-7.03, P-7.10 -P-7.16, P-8.01 - P-8.06, P-
8.09-P-8.10, P-9.00-P9.01, P-9.03-P-9.04, P-10.00-P-10.03, P-11.1 -P-11.04, P-12.00-P-
12.04, P-13.00, P-14.00 - P-14.01, P-17.00 - P-17.02, P-18.00, P-19.00 - P-19.03, P-19.00 - P-
19.11, P-20.00 - P-20.01, P-21.00, P-22.00, P-22.03, P-22.04, P-22.10, P23.00, P-23.50, P-23.52,
P-24.00, P-24.00-a, P-24.02, P-24.02, P-24.05, P-24.06, P-25.02, P-26.00, P-26.01, P-28.00,
P30.00, P-30.01, P-35.00, P-35.01 - P-35.08, P-40.01 - P-40.06 and P-41.00 - P-41.08, titled
"Apple Campus 2, Planned Development Permit, September 2013" prepared by Foster +
Partners, ARUP, OLIN, Kier & Wright, ALTA and Watry Design, Inc.; except as may be
amended with redlines on the pages by the Conditions contained in this Resolution.
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2. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations,building setbacks,property size,
building square footage, any relevant easements and/or construction records.
Minor errors may be corrected if in compliance with the assumptions and supporting data
for this approval, subject to the review and approval of the Director of Community
Development. However, misrepresentation of property data that is considered major by
the Director of Community Development may require additional review by the Planning
Commission and/or City Council. Any misrepresentation of any submitted data may
invalidate an approval by the Community Development Department.
3. MITIGATION MEASURES AND MITIGATION MONITORING AND REPORTING
PROGRAM
All of the Mitigation Measures identified in the Final Environmental Impact Report (State
Clearinghouse # 2011082055) for the ("Apple Campus 2 Project EIR") certified by the
Council on October 15, 2013 are hereby incorporated by reference and included as
conditions of approval of this project. The Mitigation Monitoring and Reporting Program
(MMRI'), attached as Exhibit DP-1, is hereby incorporated and all applicant/property
owner obligations described in the MMRP are included as conditions of this permit to
ensure that the mitigation measures identified in the Apple Campus 2 Project EIR are
complied with during project implementation and operation.
4. AB 900 CONDITIONS
The project is subject to conditions pursuant to the Jobs and Economic Improvement
Through Environmental Leadership Act of 2011 (AB 900). These AB 900 Compliance
conditions are attached hereto as Exhibit DP-2 and are incorporated by reference herein.
5. CONCUIZRENT APPROVAL
The following permits have been approved concurrently with this application: ASA-2011-
14, DA-2011-01, GPA-2011-03, TM-2011-03, TR-2011-39, U-2011-11, Z-2011-03 (EA-2011-
12).
6. DEVELOPMENT APPROVAL
The applicant shall receive a development allocation of 87,746 square feet from the Vallco
Park North Special Center and 109,935 square feet from the Major Employers allocation
(companies with Cupertino sales offices and corporate headquarters) for a total of 197,681
square feet to construct the structures indicated in the table on the following page.
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Gross Amenity Space Area(as Net Office Allocation
Building =Gross Building
Structure Area defined in Development Area—Amenity Space
Agreement) (sq. ft.)
(s .ft.) Area(s . ft.)
Entries 112,000
Area of
Main Building 2,820,000 walkway in 234,000 2,384,000
excess of 7.5 feet
Restaurant 90,000
Outdoor Food Stations 10,000 10,000 0
Transit Center 5,000 4,500 500
Co orate Fitness Center 100,000 89,000 11,000
Corporate Auditorium 120,000 120,000 0
Valet Parkin Rece tion 25,000 20,000 5,000
Maintenance Buildin s 10,000 10,000 0
Securi Rece tions 7,000 7,000 0
Central Plant 50,000 50,000 0
Testing labs/
Phase 2—Office, �echoic 100,000
Research and 600,000 480,000
Development chambers
Restaurant 20,000
Phase 2—Satellite Plants 42,000 North Plant 12,000 �
South Plant 30,000
TOTAL 3,789,000 908,500 2,880,500
Conversion of Amenity Space to office space shall require an application for development
allocation.
The effective date of the Development Permit is the effective date of the Development
Agreement.
7. PHASING
The project is approved to be developed in multiple phases. Construction phasing shall be
as follows:
a. Phase 1: The first phase of construction shall include the construction of the main
building, the corporate fitness center, the corporate auditorium, the main parking
garage with attached central plant, the North Tantau parking garage including valet
parking reception, maintenance facilities, outdoor dining stands, security reception
areas and all public improvements identified, required and proposed within the
City's right of way.
b. Phase 2 : The subsequent phases of construction (Phase 2) shall include the
construction of the remaining buildings on the east side of N. Tantau Avenue south
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of Pruneridge Avenue and the buildings proposed on the west side of N. Tantau
Avenue between the Calabazas Creek and I-280. However, if the buildings are built
at different times, adequate parking has to be provided for each building, upon
completion of construction and as approved.
8. SUBSEQUENT APPROVALS
Any structures/project elements that were not specifically designed/approved with this
project, shall be subject to a separate application and process as outlined in the
Development Agreement. Examples include additional buildings, maintenance facilities,
accessory structures and wireless facilities.
9. ARCHITECTURAL AND SITE APPROVAL
Architectural and Site Approval is granted for the main building, the main parking
structure, the auditorium, and the fitness center and the associated site improvements.
Building permits for the North Tantau parking garage, including the valet reception
building, outdoor dining stands, the security receptions and the maintenance facilities and
the Phase 2 portion of development shall be issued upon the approval of separate
Architectural and Site Approval applications subject to the Development Agreement.
10. PHASE 2 BUILDING ENVELOPE
The Building Envelope approved for Phase 2 parcels are as follows:
Front Setback (min.) ■ 15'
■ 1:1 slope line on N. Tantau Avenue(as amended by
GPA-2011-03)
Street Side Setback (min.) - ■ 15'
Interior Side Setback(min.) ■ 25'
■ Adjacent to residential zones-100'
■ For parcels north of Calabazas creek and side yard
adjacent to residential parcels-buildings taller than 16'
shall have a setback of 150'
Setback from Creek ■ Subject to requirements of the Streamside Modification
Permit under Municipal Code Chapter 19.19, Water
Resources Protection
Rear setback (min.) ■ 25'
■ Adjacent to residential zones-100'
■ For parcels north of Calabazas creek and adjacent to
residential parcels-buildings taller than 16' shall have
a setback of 150'
Building Height(max.) ■ 60'
■ 1:1 slope line on N. Tantau Avenue (as amended by
GPA-2011-03)
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11. BUILDING PERMIT APPROVAL
The City shall review the final building permits for fizll conformance with the approvals
for the permits listed in Condition no. 5 prior to issuance of building permits for each
building/phase of development.
12. VACATION OF PRUNERIDGE AVENUE SEGMENT
The vacation of a segment of Pruneridge Avenue is necessary to support this
development. T'he vacation will be processed according to procedures set by the Streets
and Highways Code and the Municipal Code. The applicant shall pay for the land
included in the vacation of the segment of Pruneridge Avenue as controlled by the
Development Agreement and the Purchase and Sale Agreement. All public utilities within
the limits of the vacated portion of Pruneridge Avenue must be relocated to the
satisfaction of the Director of Public Works prior to recordation of the street vacation and
closing of escrow and the transfer of title.
13. WOLFE ROAD PROJECT DRIVEWAY
The Wolfe Road project driveway shall conform to Mitigation Measure TRANS-23
(Alternate), as adopted with the CEQA Findings for the Apple Campus 2 EIR.
14. FITNESS CENTER FACILITIES
The approved uses at the fitness center are limited to gym activities, incidental physical
therapy and wellness checkups etc. A valid City of Cupertino business license is required
for all professional consultants who provide service at the fitness center.
15. INGRESS/EGRESS EASEMENT
The applicant shall use best efforts to obtain a reciprocal ingress/egress agreement from
the adjacent property owner/s of 10900 N. Tantau Avenue to facilitate the proposed
driveway shown on the approved exhibits. The agreement shall be approved by the City
Attorney or his/her designee as to form prior to recordation and shall be recorded on the
property as a covenant prior to issuance of building permits for the structure. The
driveway connection to the property at 10900 N. Tantau shall not be constructed unless
the reciprocal ingress/egress agreement has been executed and recorded.
16. ACCESS DRIVEWAY
The proposed access driveway from 10900 N. Tantau Avenue shall be fully installed and
constructed to the satisfaction of the Director of Community Development prior to the
issuance of final occupancy of the Phase 2 construction.
17. COVENANTS CONDITIONS AND RESTRICTIONS
The project CC&Rs shall be reviewed and approved by the City Attorney prior to
recordation of fihe final map. The CC&Rs shall incorporate requirements including but not
limited to:
a. Public access easements,
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b. Reciprocal ingress/egress easements,
c. Reciprocal parking easements,
d. Restrictions on the Disposal of Property subject to Condition no. 18, and
e. The deed restrictions shall contain a provision prohibiting its modification without the
prior express written approval of the Director of Community Development and the
City Attorney.
18. DISPOSAL OF PROPERTIES WITHIN THE PROJECT SITE
a. Phase 1 Properties: Parking for the corporate auditorium is approved on a separate
parcel located on the northeast corner of the intersection of Pruneridge Avenue and N.
Tantau Avenue with incidental media parking (45 spaces including parking for 9
media trucks) located on the parcel located on the southeast corner of the intersection
of Pruneridge Avenue and N. Tantau Avenue. The parcel to the northeast corner of the
intersection of Pruneridge Avenue and N. Tantau Avenue shall not be sold separately
from the large parcel identified as Parcel Three on Page P-5.03, or vice versa, without
City approval. This shall be memorialized in the CC&R's referred to in Condition no.
17. In order for the City to approve sale of either of these parcels, it must be
demonstrated that adequate parking is available on Parcel One of Page P-5.03 to meet
the parking demand of the auditorium.
b. Phase 2 Properties: Parking for the Phase 2 buildings have been provided on both the
east and west side of N. Tantau Avenue. The Phase 2 parcels may not be sold
individually without City approval.This shall be memorialized in the CC&R's referred
to in Condition no. 17. In order for the City to approve sale of any of these parcels
individually,it must be demonstrated that either:
i. There is adequate parking on the specific parcel to meet the parking demand for
the uses on that lot; or
ii. If adjacent properties are used to share parking, that they are in close proximity to
each other, and reciprocal parking and access easements and maintenance
agreements are recorded on the applicable properties to run with the land.
19. PARKING
The applicant shall provide a minimum of 10,980 parking spaces of which a minimum of
9,240 spaces shall be provided with Phase 1 and a minimum of 1,740 spaces shall be
provided with Phase 2.
20. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand management
(TDM) plan incorporating solutions as listed in the mitigation measures identified in the
Mitigation Monitoring and Reporting Program (MMRP) (Exhibit DP-1.) T'he TDM plan
shall be reviewed and approved by the Director of Community Development prior to
issuance of occupancy permits.
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21. PARKING LOT LIGHTING
Lighting in the parking lots shall be approved by the Director of Community
Development for compliance with applicable regulations prior to issuance of building
permits.
22. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parking Regulations under Chapter 19.124 of the Cupertino
Municipal Code.
23. SPECIAL EVENTS
Special events with approximately 350 invited guests at the Corporate Auditorium are
limited to an average of one per month. Additional events, with invited guests in excess of
100, shall be subject to the issuance of a Special Event Permit. This shall require review by
the Director of Community Development for conformance with the conditions of approval
for special events (Condition nos. 24 & 25) and may include review as necessary by other
City departments/agencies. Internal events intended for current Apple employees are not
limited by this condition.
24. SPECIAL EVENT PARKING
Parking for special events with the number of guests specified in Condition no. 23 shall be
managed as indicated in the project description. If event parking results in overflow into
the adjacent neighborhoods, the applicant shall be required to provide an alternate
parking management plan and/or provide additional parking on site to the Director of
Community Development's satisfaction for subsequent events.
25. SPECIAL EVENT MANAGEMENT PLAN
The applicant shall prepare an event management plan for special events with the number
of guests specified in Condition no. 23 including but not limited to, traffic management,
parking management, visitor management, etc.prior to issuance of occupancy permits.
26. COMMUNITY LANDMARK SIGN
The applicant shall provide a Community Landmark Sign for North Vallco Park North
Area consistent with the policies of the General Plan subject to the approval of the Director
of Community Development.
27. HISTORIC RESOURCE MARKER
T'he applicant shall provide a Historic Resource Marker for the Glendenning Barn
consistent with the policies of the General Plan as described further in Mitigation Measure
CULT-1 of the Final EIR subject to the approval of the Director of Community
Development.
28. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2-66. Public
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art shall be installed on the project site prior to final occupancy of the first phase. The
public art shall be valued, at a minimum, one-quarter percent (1/4%) of the total project
budget,not to exceed$100,000. The applicant shall submit a public art plan to be reviewed
by the Fine Arts Commission prior to installation of the public art.
29. MAIN BUILDING VIEWING AREA
The applicant shall designate a viewing area from the visitor's center on Tantau Avenue to
create a view of the Main Building.
30. SECURITY FENCE
The seven foot tall fence proposed along the perimeter of Phase 1 of the campus shall be
located a minimum of 30 feet from the back of the sidewalk except where determined to
be infeasible by the Director of Community Development. The final location of the fence
shall be reviewed and approved by the Director of Community Development.
For the N. Tantau Parking Garage and Phase 2, the security fence shall be located behind
the face of the building along any public right-of-way. Security gates at driveways may be
installed subject to administrative approval by the Director of Community Development.
A security fence may be located at all other property lines except where a Masonry Wall is
required. The sound wall proposed along I-280 is limited to the extent of the project site.
Deviations from these standards may be allowed where there are conflicts with existing
trees and if required by Building Code, subject to the review and approval of the Director
of Community Development.
31. MASONRY WALL
A masonry wall shall be provided on the project's common boundary with residentially
zoned or used property. The wall shall be eight feet in height as measured from the
highest adjoining grade unless a different height is allowed by the City of Santa Clara.
32. TEMPORARY SOUND WALL
A fifteen foot tall sound wall shall be installed around the perimeter of the project site
during each phase of construction. The sound wall shall be located a minimum of 30 feet
from the inside edge of the sidewalk. Deviations from this standard may be allowed, if
locating the sound wall at this distance from the sidewalk is deemed infeasible by the
Director of Community Development.
33. GRADING, DEMOLITION, UNDERGROUND UTILITY WORK, STREET
CONSTRUCTION AND CONSTRUCTION HOURS AND NOISE LIMITS
a. Grading activities may be performed at any time of the year, subject to storm water
management and other appropriate site preparation, as approved by the Director of
Public Works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Construction, street construction, grading, underground utility and demolition work
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and noise limits shall be compliant with requirements of Chapter 10.48 of the City
Municipal Code.
d. Rules and regulations pertaining to all construction activities and limitations identified
in this permit, along with the name and telephone number of an applicant appointed
disturbance coordinator, shall be posted in a prominent location at the entrance to the
job site.
e. The applicant shall be responsible for educating all contractors and subcontractors of
the restrictions on construction, street construction, grading, underground utility and
demolition work.
f. Applicant must obtain an encroachment permit from City prior to commencing any
work within the right-of-way.
34. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by the
Director of Community Development prior to issuance of building permits.
35. TREE REMOVAL
The applicant shall plant replacement trees for the Protected Trees that have been
approved for removal as identified in the NIMRP (Exhibit DP-1). The applicant shall also
transplant trees as identified in the project plans and, if transplantation is not effective,
replacements shall be planted as identified in Exhibit DP-1.
36. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. Tree protection measures shall
be consistent with the EIR. In addition, the following measures shall be added to the
protection plan:
■ For trees to be retained, chain link or other appropriate fencing and other root
protection shall be installed around the dripline of the tree prior to any project site
work.
■ No parking or vehicle traffic shall be allowed over root zones, unless using buffers
approved by the Project Arborist.
■ No trenching within the critical root zone area is allowed. If trenching is needed in
the vicinity of trees to be retained, the City's consulting arborist shall be consulted
before any trenching or root cutting beneath the dripline of the tree.
■ Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch
depth.
■ Tree protection conditions shall be posted on the tree protection barriers.
■ Retained trees shall be watered to maintain them in good health.
The tree protection measures shall be inspected and approved by the City's consulting
arborist prior to issuance of building permits. The City's consulting arborist shall inspect
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the trees to be retained and shall provide monthly updates on the health of the trees
retained in place and being transplanted. A report ascertaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
37. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in the amount of $1,000,000 to ensure
protection of 845 trees to be retained in place and 90 transplant trees on the site prior to
issuance of grading, demolition or building permits. The bond shall be returned after
completion of construction, subject to a letter from the City arborist indicating that the
trees are in good condition.
38. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and
approved by the Director of Community Development prior to issuance of building
permits. The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Landscape, and the pesticide control
measures referenced in Chapter 9.18, Storxnwater Pollution Prevention and Watershed
Protection, of the Cupertino Municipal Code.
39. LANDSCAPE INSTALLATION REPORT
The project shall comply with the Landscape Ordinance (CMC, Chapter 14.15).
40. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development
41. SOIL ANALYSIS REPORT
A soils analysis report shall be submitted to the Director of Community Development as
part of the landscape documentation package, pursuant to Landscape Ordinance (CMC,
Chapter 14.15).
42. GREEN HOUSE GAS (EIR CoA)
The calculation of construction emissions, as shown in Table V.K-2 of the Draft EIR,
incorporates the following construction protocols that are incorporated as part of the
project (see Chapter III, Project Description, of the Draft EIR) to promote the use of
cleaner-burning fuels,increase efficiency, and reduce construction-related emissions.
• To the maximum extent feasible, all construction equipment, diesel trucks, and
generators would be equipped with Best Available Control Technology for emission
reductions of nitrogen oxides and particulate matter.
� To the maximum extent feasible, all contractors would use equipment that meets the
State of California Air Resources Board (ARB) most recent certification standard for
off-road heavy duty diesel engines.
• Excluding the following equipment, all diesel-powered off-road equipment used on-
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site would meet U.S. Environmental Protection Agency (EPA) "Tier 2" exhaust
emission standards, and engines would be equipped with California ARB "Level 3
Verified Diesel Emission Control Strategies" (which include diesel particulate filters)
or would be certified to meet the U.S. EPA "Tier 4 Interim" standard for particulate
matter emissions. Equipment that would meet U.S. EPA "Tier 2" exhaust emission
standards but would not be equipped with California "Level 3 Verified Diesel
Emission Control Strategy" would be limited to:
o Scrapers 623G
o Scrapers 633B
o Four of the six proposed Scrapers 657G
• Trucks used at the site to haul material and/or soil would be model year 2007 or
newer(or meet equivalent U.S. EPA emission standards).
• Require all aerial and personnel lifts less than 50 horsepower to be fueled with
natural gas or propane.
• Idling time would be minimized by either shutting equipment off when not in use or
by reducing the maximum idling time to 2 minutes. Clear signage will be provided
for construction workers stating these limits at all access points.
■ Construction equipment would be maintained and properly tuned in accordance
with manufacturers' specifications.
■ When feasible, the project would use locally produced and/or manufactured building
materials for construction of the project.
� A minimum of 75 percent of construction and demolition waste would be diverted
from landfills, to the satisfaction of the City.
• The project would use "Green Building Materials," such as those materials that are
resource efficient, and recycled and manufactured in an environmentally friendly
way, including low volatile organic compound (VOC) materials.
BAAQMD does not have an adopted quantitative threshold for construction GHG
emissions, but recommends the incorporation of construction practices that would reduce
construction emissions. The project applicant shall verify that the construction
management plan identified in Condition No. 34 includes the construction practices listed
above to reduce construction-related GHG emissions to a less-than-significant level.
43. FOOD USE ODOR ABATEMENT
The cafeteria and all outdoor food uses shall install odor abatement systems to reduce
odor impacts from the uses to the adjacent community. The odor abatement systems shall
be installed prior to final occupancy of the associated use(s). Detailed plans shall be
reviewed and approved by the Director of Community Development prior to issuance of
building permits.
44. SCREENING
All mechanical and other equipment on the building or on the site shall be underground.
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If undergrounding the equipment is deemed infeasible by the Director of Community
Development, equipment shall be screened so that it is not visible from public street areas
or adjoining developments. Screening materials/colors shall match building features and
materials. The height of the screening shall be taller than the height of the mechanical
equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Community Development
prior to issuance of building permits.
45. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to
the satisfaction of the Directors of Community Development and Public Works.
46. TRASH AND DELIVERY ACTIVITIES
The applicant shall prepare a detailed refuse and truck delivery plan. The plan shall
specify locations of trash facilities, refuse pick up schedules and truck delivery schedules
and routes. The final refuse and truck delivery plan shall be submitted to the
Departments of Coinmunity Development and Public Works for review and approval
prior to issuance of occupancy permits. All trash facilities must be screened and enclosed
to the satisfaction of the Director of Public Works.
47. SIGN PROGIZAM
Signage is not approved with this application. A sign program is required for this project
per Section 19.104.130 of the Municipal Code. The sign program shall be approved by the
Director of Community Development prior to issuance of sign permits.
48. BELOW MARKET RATE HOUSING MITIGATION FEES
The applicant shall pay housing mitigation fees in the amount and at the time set forth in
the terms of the Development Agreement.
49. FINANCIAL SURETY
T'he applicant shall provide financial surety, in the form of bonds or another acceptable
financial instrument, when improvements and or conditions of approval are not satisfied
prior to the applicant requesting temporary and/or final occupancy for a building, subject
to the approval of the Director of Community Development. The financial surety shall be
returned after satisfactory completion of the condition of approval and/or construction of
the improvement within a period specified in the temporary occupancy permit.
50. COMPLETION OF IMPROVEMENTS
Prior to entering into a street improvement agreement with the City of Cupertino, the
applicant shall have detailed plans of the improvements approved by the Director of
Public Works and shall provide a surety or guarantee covering the cost of all
improvements to be completed within the City of Cupertino's jurisdiction. The street
improvement agreement will specify the timeline for completion of the improvements.
For improvements to be completed on facilities which are not under the jurisdiction of the
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City of Cupertino, the applicant shall, prior to entering into a street improvement
agreement with the City of Cupertino, have detailed plans of the improvements approved
by the agency under whose jurisdiction the facility resides, and either (1) provide a surety
or guarantee to that agency to cover the cost of the improvements; or (2) provide funding
to the agency under whose jurisdiction the facility resides, in an amount sufficient to fund
the design and construction of the improvements. The decision to pursue option (1) or (2)
above shall reside with the agency under whose jurisdiction the improvement resides, in
consultation with the City of Cupertino. In the event that the applicant can demonstrate to
the satisfaction of the Director of Public Works that, despite its best efforts, sufficient
progress has not been made with the responsible agency to obtain approval of the
improvement, the funding shall be held in a segregated account by the City or in escrow,
in lieu of the design and construction of the mitigation measure. The funds will be
released to the responsible agency once the project is programmed and approved, with
any excess retumed to the applicant.
51. FEES
The project applicant shall enter into a Street Improvement Agreement with the City of
Cupertino providing for payment of fees, including but not limited to plan checking and
inspection fees, storm drain fees and fees for permits. Said agreement shall be executed
prior to construction of the street improvements and shall be subject to all applicable fees
as described in the terms of the Development Agreement. The fees described above are
imposed based upon the current fee schedule adopted by the City Council and are not in
lieu development impact fees or exactions which are subject to the terms of the
Development Agreement. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said change
or changes, the fees changed at that time will reflect the then current fee schedule,
provided that such modification is permitted by the terms of the Development
Agreement. The improvement agreement will also include the following bonds:
■ Faithful Performance Bond: 100% of Off-site and On-site Improvements
■ Labor&Material Bond: 100% of Off-site and On-site Improvement
■ On-site Grading Bond: 100% of site improvements.
52. STREET IMPROVEMENTS - MITIGATION MEASURES AND MITIGATION
MONITORING AND REPORTING PROGRAM
The following Mitigation Measures identified in the Final Environmental Impact Report
(State Clearinghouse #2011082055) for the ("Apple Campus 2 Project EIR") certified by the
Council on October 15, 2013 are hereby incorporated by reference and included as
conditions of approval.
a. PLAN-2 BICYCLE AND PEDESTRIAN IMPROVEMENTS
b. PLAN-3 ALTERNATE CALABAZAS CREEK TRAIL
c. TRANS-1 WOLFE ROAD/I-280 NORTHBOUND RAMPS
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d. TRANS-2 NORTHBOUND TANTAU AVENUE/VALLCO PARKWAY
e. TRANS-3 STEVENS CREEK BLVD/CALVERT DR/I-280 RAMPS(WEST�
f. TRANS-4 DE ANZA BOULEVARD/HOMESTEAD ROAD
g. TRANS-6 TANTAU AVENUE/HOMESTEAD ROAD
h. TRANS-8 TANTAU AVENUE/STEVENS CREEK BOULEVARD
i. TRANS-9A STEVENS CREEK BLVD/CALVERT DR/I-280 RAMPS(WEST)
j. TRANS-10 STEVENS CREEK BLVD/LAWRENCE EXPRESSWAY(EAST)
k. TRANS-11 LAWRENCE EXPRESSWAY/I-280 SOUTHBOUND RAMPS
1. TRANS-12 DE ANZA BLVD BET. HOMESTEAD RD AND RAINBOW DR
m. 1�1Z.ANS-15 WOLFE ROAD/VALLCO PARKWAY
n. TRANS-22 FREEWAY IMPACT CONTRIBUTION
o. TRANS-24 SOUTHBOUND TANTAU AVENUE/VALLCO PARKWAY
p. TRANS-25 NORTHBOUND I-280 OFF-RAMP AT WOLFE ROAD
q. TRANS-26 SOUTHBOUND I-280 OFF-RANII'AT WOLFE ROAD
r. TRANS-27(Second Alternate) SOUTHERNMOST WOLFE ROAD DRIVEWAY
TO CUPERTINO VILLAGE
s. TRANS-28 WOLFE ROAD/PROTECT ACCESS INTERSECTION
t. NOI-2 RUBBERIZED PAVEMENT TREATMENT
u. PSU-1 TRAFFIC SIGNAL PREEMPTION
The Mitigation Monitoring and Reporting Program (MMRP), included within Exhibit DP-
1, attached in its entirety, is hereby incorporated and all applicant/property owner
obligations, described in the sections of the MMRP applicable to the mitigation measures
listed above, are included as conditions of this permit to ensure that the mitigation
measures identified in the Apple Campus 2 Project EIR are complied with during project
implementation and operation.
53. STItEET WIDENING
Public street widening and dedications shall be provided in accordance with City
Standards, specifications and policies and as required by the Director of Public Works.
54. DEDICATION AND STREET WIDENING ON TANTAU AVENUE
The applicant shall widen and construct a second northbound through lane/trap right turn
lane on Tantau Avenue between the main site entrance and Pruneridge Avenue. The
applicant shall dedicate land as required to accommodate this improvement.
55. CURB AND GUTTER IMPROVEMENTS
New curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the Director of Public Works. The applicant
shall close all unused driveway cuts and remove and replace broken or uplifted curb,
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gutter, or sidewalk as determined by the Director of Public Works.
56. PAVEMENT
The applicant shall overlay of all streets along perimeter with 2.5" of asphalt pavement
per Caltrans Standards.
57. RIGHT OF WAY ACOUISITION
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
any right-of-way or property right necessary for the completion of portions of the Project
or the implementation of the MMRP or Conditions of Approval will be the applicant's
responsibility. The City, at the applicant's expense, shall obtain an appraisal suitable for
the purpose of government acquisitions. Theapplicant shall then make diligent and good
faith efforts to acquire all necessary properties. If any of the negotiations for any of the
acquisitions reach impasse, at City's request, the applicant shall deposit with City the
amount of the fair market appraisal plus estimated soft acquisition costs and costs of
proceeding, including the costs of obtaining or seeking possession of the property, as City
reasonably determines. If the actual costs of acquisition are greater than the deposit, the
applicant will provide additional funds to City upon notice in order to pay all costs of
acquisition. City may require that applicant make periodic payments requested by City to
cover costs. Any additional remaining deposit will be returned to the applicant upon
conclusion of the acquisition.
The City does not commit to exercising the power of eminent domain to acquire any
property, and has not made any decision or commitment in regard to exercising that
power. Under California law, the determination to proceed by way of eminent domain to
acquire any property or interest in property is within the sole and exclusive authority of
the City Council, and City has not waived or relinquished any of its powers to solely
decide whether, when, and on what terms it may consider, deny, approve, or pursue
acquisition by use of the power of eminent domain.
58. DROP-OFF AREAS
The Drop off areas along N. Tantau Avenue are approved as drop off areas for passenger
vehicles only. These are not approved for use by private shuttle/coach/sprinter buses.
Adequate signage to this effect shall be installed in these areas. The applicant will ensure
that this restriction is incorporated in to instructions to shuttle/coach/sprinter bus
operators.
The Drop-off area indicated along Homestead Avenue near the entrance to the Fitness
facility is not approved and shall be eliminated from all development and improvement
plans.
59. DETACHED SIDEWALK
The applicant shall provide a detached sidewalk, wherever feasible as determined by the
Director of Public Works, along all street frontages where construction shall occur. These
include:
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a. Homestead Road
b. N. Tantau Avenue
c. Vallco Parkway
d. North side of Pruneridge Avenue
e. Segment of N.Wolfe Road between I-280 and Pruneridge Avenue
f. East side of N.Tantau Avenue between Pruneridge Avenue and Homestead Road.
60. DOUBLE ROW OF TREES
The applicant shall provide a row street trees along both sides of detached sidewalk,
unless determined infeasible by the Director of Public Works.
61. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature at the
intersection of N. Wolfe Road and Homestead Road that will be consistent with the
policies of the General Plan. The design will be reviewed by the Director of Community
Development, if located off-site it will require additional approval by the Director of
Public Works.
62. COLORIZED BICYCLE LANES
Provide colorized bicycle lane pavement along project frontages and at areas of potential
vehicular conflict as determined by the Director of Public Works.
63. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public Works.
64. GRADING
Grading shall be as approved and required by the Director of Public Works in accordance
with Chapter 16.08 of the Cupertino Municipal Code.
65. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology
and pre-and post-development hydraulic calculations must be provided to indicate
whether additional storm water control measures are to be constructed or renovated. The
storm drain system may include, but is not limited to, subsurface storage of peak
stormwater flows (as needed), infiltration, evaporation or storm water harvesting
facilities, bioretention basins, vegetated swales, and hydrodynamic separators to reduce
the amount of runoff from the site and improve water quality. The storm drain system
shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other
approved systems and improvements) as necessary to avoid an increase of the ten- year
storm flood water surface elevation to the satisfaction of the Director of Public Works.
Any storm water overflows or surface sheeting should be directed away from neighboring
private properties and to the public right of way as much as reasonably possible.
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66. UPSIZING OF STORM DRAIN LINES IN WOLFE ROAD. PRUNERIDGE AVENUE
AND HOMESTEAD ROAD
The applicant will be responsible for upsizing storm drain infrastructure within Wolfe
Road, Pruneridge Avenue and Homestead Road to current City Requirements to address
impacts to the City Storm Drain system resulting from the project. Current City
requirements include the ability to convey a 10-year storm event with a 1-hour duration,
as storm events are calculated per standards set forth in the Santa Clara County Drainage
Manual(2007).
67. UNDERGROUND UTILITIES
The applicant shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
The applicant shall submit detailed plans showing utility underground provisions. Said
plans shall be subject to prior approval of the affected Utility provider and the Director of
Public Works.
68. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The applicant must receive written approval from both the Public
Works Department and the Community Development Departrnent prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
69. STORM WATER BEST MANAGEMENT PRACTICES
The applicant shall utilize Best Management Practices (BMPs), as required by the State
Water Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans.
70. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the
applicant must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses
preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best
Management Practices (BMPs) to control storm water runoff quality, and BMP inspection
and maintenance.
71. C.3 RE UIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
impervious surface that is subject to requirements set forth in section C.3 of the Municipal
Regional Stormwater NPDES permit. The applicant shall reserve a minimum of 4% of
developable surface area for the placement of low impact development measures, for
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storm water treatment, unless an alternative storm water treatrnent plan, that satisfies C.3
requirements, is approved by the Director of Public Works.
The applicant must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BNIl's), which must be designed per
approved numeric sizing criteria. A Storm Water Management Plan, Storm Water
Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance
Agreement, and certification of ongoing operation and maintenance of treatment BMPs
are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
72. EROSION CONTROL PLAN
The applicant shall provide an approved erosion control plan prepared by a Registered
Civil Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans. The plan shall also be
incorporated as an attachment to the SWPPP and shall be updated and amended as
construction phases or site conditions change.
73. WORK SCHEDULE
Every 6 months, the applicant shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
74. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall
be placed away from the public right of way and site driveways, and in a location
approved by the Cupertino Community Development Department, Santa Clara County
Fire Department and the water company.
75. OPERATIONS &MAINTENANCE AGREEMENT
The applicant shall enter into an Operations & Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and maintenance for
any non-standard appurtenances in the public right-of-way that may include, but is not
limited to, sidewalk, pavers, enhanced landscaping, landscaping necessary to screen
utility cabinets, and street lights.
76. BUS STOP LOCATION
The applicant shall install and/or improve bus shelters/trash receptacles along the Wolfe
Road, Tantau Avenue, Vallco Parkway and Homestead Road project frontages, and as
required by VTA for bus route modifications due to the Pruneridge Ave closure. The
placement and design of the bus shelters/trash receptacles shall be approved by the
Director of Public Works and the VTA. Locations and the design of bus stops and shelters
shall be provided to the satisfaction of the Director of Public Works and the VTA.
Enhanced shelters shall be maintained and funded by the applicant. In the event that bus
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shelters are replaced by the VTA with standard revenue-generating bus shelters, the
applicant shall not be required to maintain and service these bus shelters.
Shelters shall, at a minimum, include the following features:
■ ADA accessible dimensions
■ Concrete pad per VTA criteria
■ Illuminated line number sign
■ Passenger shelters
■ Benches
■ Trash receptacles
■ Real-time information panels
■ Schedule, fare, and service span information
■ Lighting
77. TRAFFIC CONTROL PLAN
The applicant must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the Director of Public Works, for any work in the right of way as well as a
routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the Director of Public Works prior to commencement of work.
The City has adopted the Manual on Uniform Traffic Control Devices (MUTCD)
standards for all signage and striping work throughout the City.
78. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
79. FULL TRASH CAPTURE SYSTEM
The applicant will be responsible for installing a full trash capture system/device to
capture trash from the onsite storm drain system before the storm water reaches the City
owned storm drain system. A full capture system or device is a single device or series of
devices that traps all particles retained by a 5 mm mesh screen and has a design treatment
capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in
the sub-drainage area (see the Municipal Regional Permit section C.10 for further
information/requirements).
80. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Director of Public
Works. Approval of the trash enclosure plan by the Director of Public Works is needed
prior to obtaining a building permit.
81. REFUSE TRUCK ACCESS
The applicant shall obtain clearance from the Director of Public Works in regards to refuse
truck access for the proposed development.
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82. STREET TREES
Street trees planted within the Public Right of Way shall be to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance with
Ordinance No. 125.
83. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
84. STREAMSIDE PERMIT
Prior to issuance of a building permit, the applicant shall provide plans and information
that satisfies the requirements of the Stream Side Development Permit as set forth by the
Santa Clara Valley Water Resources Protection Collaborative. These items include,but are
not limited to, topographic survey, specific measures to protect streams and/or water
bodies from water quality impacts, coordination with all interested jurisdictional agencies,
and the like.
85. SANTA CLARA VALLEY WATER DISTRICT CLEARANCE
Clearance approvals from the Santa Clara Valley Water District are required prior to
issuance of a building permit. The applicant shall pay for and obtain a Water District
permit for activities or modifications within the District easement or fee right of way or
affecting District facilities.
86. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Applicant shall provide California Water Service Company approval for water
connection, service capability and location and layout of water lines and backflow
preventers before issuance of a building permit approval.
87. DEDICATION OF UNDERGROUND WATER RIGHTS
The applicant shall "quitclaim" all interests in, and grant to the City authorization to
extract water from (without entering the applicant's property), the underground strata
lying beneath and within the boundary lunits of the project's property.
88. ABANDONED WATER WELLS
The applicant shall seal abandoned or unused water wells if the City, in consultation with
the Santa Clara Valley Water District, determines that said abandoned or unused water
wells have a potential to contaminate the water supply.
89. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
90. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property and utilities in
Resolution No.13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
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Pruneridge Avenue (including PG&E, AT&T, and California Water Company, Cupertino
Sanitary District and/or equivalent agencies) will be required prior to entering into street
improvement agreement.
91. EMERGENCY VEHICLE PREEMPTION FUND
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
In addition to complying with Mitigation Measure PSU-1 of the MMRI', the applicant
shall fund similar traffic signal preemption throughout the City at a cost not to exceed
Three Hundred Twenty Thousand Dollars ($320,000) (the "Traffic Signal Preemption
Contribution"). The applicant shall pay amounts requested within thirty (30) days after
receipt of City's invoice, accompanied by reasonable documentation supporting City's
installation of the signal preemption covered by the invoice.
92. CONSTRUCT EMPLOYEE SMOKING AREAS AROUND THE PROJECT SITE
The applicant will be responsible for constructing smoking areas around the project site to
the satisfaction of the Director of Public Works. Smoking areas should be placed in
convenient locations near project entrances. No more than eight (8) areas (or as directed
by the Director of Public Works) should be provided around the Apple Campus 2 sites,
with one being located near the Pruneridge Ave, Wolfe Road and Homestead Road
pedestrian entrances, and others at key Tantau Ave Pedestrian entrances. Smoking areas
should be equipped with adequate ash trays to aid in cigarette filter disposal and to
discourage littering of cigarette filters. The areas should be designed with an attention to
litter prevention and to prevent discarded cigarette filters from entering the storm drain
system.
93. GEOTECHNICAL REPORT
All design criteria and specifications set forth in the design-level geotechnical report shall
be implemented as a condition of project approval. The applicant will be responsible for
providing a geotechnical engineering review letter stating that the final approved set of
plans has been reviewed and meet the intent and recommendations of the geotechnical
report.
94. PEDESTftIAN CROSSWALKS
The applicant shall provide pedestrian crosswalk improvements around the project site.
This includes providing crosswalks at the Wolfe Road/Apple Campus 2 driveway
entrance to the satisfaction of the Director of Public Works. Final crosswalk improvement
plans shall be reviewed and approved by the Director of Public Works.
95. PEDESTRIAN CROSSING ENHANCEMENTS AT WOLFE ROAD AND INTERSTATE
280 RAMPS
The six Interstate 280 ramps at Wolfe Road include the following:
■ Northbound I-280 On-Ramp from southbound Wolfe Road
• Northbound I-280 On-Ramp from northbound Wolfe Road
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• Northbound I-280 Off-Ramp
• Southbound I-280 On-Ramp from northbound Wolfe Road
• Southbound I-280 On-Ramp from southbound Wolfe Road
• Southbound I-280 Off-Ramp
The applicant shall replace all crosswalks at the on-ramps with new crosswalks which are
perpendicular to the ramps, incorporate high-visibility ladder striping, and yield limit
lines. The applicant shall install high-visibility ladder striping at the crosswalks at the two
off-ramps. The applicant shall also provide ADA-compliant curb ramps for all crosswalks.
Additionally, at the southbound I-280 loop on-ramp from southbound Wolfe Road, the
applicant shall replace the existing fence on the overcrossing with one that has better
transparency, trim and maintain vegetation on northwest corner of the on-ramp, relocate
the curb ramp further north along the highway on-ramp; and add pavement legends to
indicate a pedestrian crossing. To the extent that Caltrans approval is required, this
Condition shall be subject to the limitations set out in Condition no. 50.
96. FUNDING OF POTENTIAL NEIGHBORHOOD CUT-THROUGH TRAFFIC AND
PARKING INTRUSION MONITORING AND MITIGATION PROGRAM
The applicant shall fund neighborhood cut-through traffic and parking monitoring studies
and provide fees to implement needed traffic calming improvements to minimize
neighborhood cut-through traffic and parking intrusion within the cities of Santa Clara
and Sunnyvale. The applicant shall provide up to $250,000 for the City of Santa Clara and
up to $500,000 for the City of Sunnyvale for neighborhood cut-through traffic and parking
intrusion measures. These contributions will be provided to the City of Cupertino prior to
issuance of the first building permit for the project.
The applicant shall also fund all baseline and monitoring studies as required above and
beyond the amounts specified above. The monitoring program shall include the following
items: (1) identifying the monitoring areas (roadways where the monitoring will occur; (2)
determining baseline conditions (number of parked vehicles and traffic volumes on the
roadways); (3) determining thresholds for parking and traffic volume increases requiring
action (per Santa Clara and Sunnyvale Traffic Calming Programs); (4) establishing the
monitoring schedule; and (5) creating reporting protocols. The baseline conditions shall be
established prior to but within 1 year of initial occupancy. Monitoring would then occur
annually for 5 years.
If parking spillover is identified as a problem as part of the annual parking monitoring,
the applicant shall provide a detailed parking management strategy for review and
ultimate approval by the Director of Community Development. The parking management
strategy should show conclusively that the parking supply provided on the site would
meet the expected demand (both for daily operations and special events). Examples of the
types of strategies the applicant may include in the parking management strategy include
the following:
■ Periodic surveys to measure employee parking demand rates
Resolution No.13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
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■ Employee education campaigns
■ Periodic monitoring of employee parking on streets surrounding the project site
which includes license plate checks
■ Parking cash-out program
■ Additional valet parking assistance beyond that currently proposed with the project
■ Additional personnel and signage to direct parking during special events
■ Other TDM measures to discourage single-occupancy driving and reduce parking
demand on the site
If spillover parking in nearby neighborhoods occurs even after implementation of the
measures above, the following should be implemented:
■ Parking restrictions on Forge Drive implemented by the City with funding from the
applicant for design and physical improvements (such as signs, striping, curb
painting and the like) and construction/installation of all such measures.
■ Provision of additional parking spaces on-site to meet the parking demand, to the
satisfaction of the Director of Community Development. Such additional parking
would be subject to supplemental environmental review.
■ Implementation or funding of a neighborhood parking permit program, signage,
curb painting, or other parking restriction measures.
97. LEFT-TURN POCKET EXTENSIONS
Left-turn pockets shall be extended at the De Anza Boulevard/Stevens Creek Boulevard
intersection (westbound pocket), Wolfe Road/Homestead Road intersection (westbound
pocket), Wolfe Road/Vallco Parkway intersection (southbound pocket), Tantau
Avenue/Homestead Road intersection (westbound pocket), and Tantau Avenue/Stevens
Creek Boulevard intersection(eastbound pocket). The applicant shall reconstruct medians
and restripe roadways as necessary to construct the extended turn pockets.
98. VALLCO PARKWAY IMPROVEMENTS
The applicant shall reconfigure Vallco Parkway between Perimeter Road and Tantau
Avenue to two vehicle lanes and one bike lane in each direction, plus diagonal parking on
the south side, including any associated improvements such as,but not limited to, median
relocation. In addition, the applicant shall design and install a traffic signal at the Main
Street project garage entrance onto Vallco Parkway.
99. SARATOGA AVENUE/LAWRENCE EXPRESSWAY
The applicant shall provide a $1,000,000 fair share contribution to Santa Clara County for
the purpose of constructing an additional left-turn lane from Saratoga Avenue onto
northbound Lawrence Expressway.
100. INTERSTATE 280 SOUTHBOUND ON-RAMP AT LAWRENCE EXPRESSWAY
The applicant shall construct a third lane on the southbound on-ramp to Interstate 280 at
Lawrence Expressway between Lawrence Expressway and the metering lights. The
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applicant shall also construct a third eastbound lane along the connector road between
Calvert Drive and Lawrence Expressway. The applicant shall provide detailed
construction plans and shall construct the improvement. If the applicant cannot get
approval for the improvement, the applicant shall provide up to a maximum of$1,730,729
to design and construct either (1) the identified improvement or (2) an alternate
improvement that will address on-ramp queuing at the I-280 southbound ramp at
Lawrence Expressway to the satisfaction of the City of Cupertino Director of Public Works
and Caltrans. The $1,730,729 is the difference between the estimated cost of the identified
improvement, and the estimated cost of mitigation measure TRANS-11, which is an
element of the identified improvement. The process described in Condition no. 50 for
improvements outside of the City of Cupertino shall govern the implementation of this
condition.
101. GLENDENNING BARN RELOCATION
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
if, and only if, the Glendenning Barn is relocated off the Project Site, the applicant shall
pay city Two Million Six Hundred Forty Four Thousand and T'hirty-Five Dollars
($2,644,035) (the "Glendenning Barn Relocation Contribution"), which represents the
agreed upon costs of acquiring or providing a relocation site for the Glendennulg Barn on
City-owned property, the cost of improvements to the relocation site and the Glendenning
Barn, the net present value of annual maintenance expenses, and additional amounts for
capital repair costs anticipated in years ten and twenty. T'he applicant will pay such
amount to City within thirty (30) days after receipt of City's written demand, which may
be given at any time following relocation of the Glendenning Barn; provided, however, if
City opts to acquire a new site for the Glendenning Barn rather than locate the
Glendenning Barn on an existing City-owned site, then the applicant will deposit up to
$1,000,000 of the Glendenning Barn Relocation Contribution in the escrow established for
City's purchase of such new site so that the funds can be applied towards the purchase
price payable by City at closing, in which case the balance of the Glendenning Bam
Relocation Contribution will be payable by the applicant following relocation of the
Glendenning Barn as provided above.
102. FIBER OPTIC CONDUIT INSTALLATION.
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
install an additional separate fiber optic conduit along Wolfe Road between the 280
Freeway and Homestead Road, solely in order to accommodate City's usage. The fiber
optic conduit shall be installed in accordance with plans and specifications approved by
the Director of Public Works.
103. INDEMNIFICATION
To the extent permitted by law, the applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
Resolution No.13-084 ASA-2011-14,DP-2011-04,T'R-2011-39,U-2011-11 October 15,2013
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parties and the applicant to attack, set aside, or void this Resolution or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant
and City shall use best efforts to select mutually agreeable legal counsel to defend such
action, and the applicant shall pay all compensation for such legal counsel, following the
applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensation shall include reasonable compensation paid to
counsel not otherwise employed as City staff and shall include City Attorney time and
overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City. If the applicant and the City cannot in good faith
agree on joint counsel, the City shall have the right to retain counsel of its own choosing,
separate from the applicant's litigation counsel.
104. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
SECTION IV: CONDITIONS OF APPROVAL ADMINISTERED BY THE SANTA CLARA
COUNTY FIRE DEPARTMENT
105. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on
private property adjacent to the public right of way, and fire department connections must
be located within 100' of a Fire Hydrant). The project must also provide, to the satisfaction
of the Fire Department, an Emergency Vehicular Access path/road within the project site.
106. FIRE SPRINKLERS REQUIftED
An automatic sprinkler system shall be provided throughout all new buildings and
structures, as required by State and locally adopted laws, codes and regulations.
107. PRIVATE ON-SITE FIRE HYDRANT(S)
The applicant shall provide private on-site fire hydrants at locations to be determined by
the Fire Department. Maximum hydrant spacing shall be 500 feet, with a minimum
acceptable flow of 1,500 GPM at 20 psi residual pressure.
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108. STANDPIPES
In addition to the standpipes required by 905 of the California Building Code, standpipes
shall additionally be installed in the office building courtyard and at other locations
determined by the Fire Department.
109. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS
Installation of required fire service and fire hydrants shall be tested and accepted by the
Fire Department prior to the presence of bulk combustible materials on site. Building
permit issuance may be withheld until required installations are completed, tested, and
accepted.
110. FIRE APPARATUS ACCESS ROADS (GENERAL)
Provide apparatus access roadways with an all-weather surface within 150 ft. of the
exterior walls of all buildings. Access roads shall have a minimum unobstructed width of
20 feet and a vertical clearance of 13 feet 6 inches. Turn radii shall be per Fire Department
specifications. NOTE: Apparatus access shall be provided from entrances on Wolfe and
Tantau.
111. FIRE APPARATUS ACCESS ROADS-AERIAL APPARATUS
a. Where required:Buildings or portions of buildings or facilities exceeding 30 feet(9144
mm) in height above the lowest level of fire department vehicle access shall be
provided with approved fire apparatus access roads capable of accommodating fire
department aerial apparatus.
b. Width: Aerial fire apparatus access roads shall have a minimum unobstructed width
of 26 feet and shall be located within a minimum of 15 feet and a maximum of 30 feet
from the building, and shall be positioned parallel to one entire side of the building
and/or as approved by the Fire Department.
112. EXTERIOR ALARM ANNUNCIATOR
An exterior fire alarm annunciator, as is acceptable to the Fire Department, shall be
provided for emergency vehicles arriving at the Wolfe and Tantau entrances. A written
procedure shall be developed for notifying emergency personnel of the incident type and
location upon their arrival at the Wolfe entrance.
113. TRAFFIC SIGNAL PREEMPTION
Intersection signal preemption shall be installed per the requirements of Condition no. 91.
114. FIRE COMMAND CENTER
A Fire Command Center room, accessible from the exterior of the building, shall be
provided and shall contain the fire alarm control panels and other building controls that
may be necessary to operate/monitor under emergency conditions.
115. EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS
All buildings shall have approved radio coverage for emergency responders within all
Resolution No. 13-084 ASA-2011-14,DP-2011-04,TR-2011-39,U-2011-11 October 15,2013
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portions the buildings, based upon the existing coverage levels at the exterior of the
building. Additional systems, components or equipment shall be provided, as necessary,
to provide radio coverage levels.
SECTION VI: CEOA REVIEW
An Environmental Impact Report for the Subdivision was prepared in accordance with the
California Environmental Quality Act(CEQA),Public Resources Code Section 21000 et seq.
PASSED AND ADOPTED at an Adjourned Regular Meeting of the City Council of the City of
Cupertino the 15th day of October 2013,by the following roll call vote:
Vote: Members of the City Council:
AYES: Mahoney, Wong, Chang and Santoro
NOES: None
ABSTAIN: None
ABSENT: None
RECUSE: Sinks
ATTEST: APPROVED:
,
/
/,
�����'!/YLit ' �
Grace Schmidt ��j —��—� � Orrin Mahoney
City Clerk Mayor, City of Cupertino
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE IN THIS OFFICE
ATTEST � � �2-� . 20�-3
CITY CLERK OF THE CITY OF CUPERTINO
<�,�.�- �
BY � ''+ �`
p�P u'�-y Ci���i�RK
EXHIBIT DP-1
MITIGATION MONITORING AND REPORTING PROGRAM
A. INTRODUCTION
T'his document describes the Mitigation Monitoring and Reporting Program(MMRP)for ensuring
the effective implementation of the mitigation measures adopted by the City of Cupertino(City)and
made conditions of approval of the Apple Campus 2 Project(project).The project would entail the
redevelopment of an approximately 176-acre project site into a new campus for Apple Inc. (Apple).
When a lead agency adopts findings pursuant to Section 21081 of the California Environmental
Quality Act(CEQA)1 and Section 15091 of the CEQA Guidelinesz upon completion of an Environmen-
tal Impact Report(EIR),it is required to adopt a reporting and monitoring program pursuant to
Section 21081.6 of CEQA and Section 15097 of the CEQA Guidelines.The purpose of the MMRP is to
ensure compliance with the measures adopted to mitigate or avoid significant environmental impacts
during project implementation.This MMRI'will not only direct the implementation of mitigation
measures by the specified responsible parties,but also facilitate the Cit�s monitoring, compliance,
and reporting activities,including the activities of any third-party monitors it may designate.
B. PROJECT BACKGROUND
The project site is currently developed with structures that contain office and research and
development uses.These existing structures will be demolished and replaced with new development
as part of the project.The project involve the construction of 3,420,000 square feet of office,research,
and development uses;245,000 square feet of auditorium, fiMess center,and parking reception uses;
92,000 square feet of utility plants;and parking and ancillary buildings(such as security receptions
and landscape maintenance buildings).As part of the project, a segment of Pruneridge Avenue will
be vacated by the City to allow for the development of a unified and secure campus and Apple will
also implement changes to local roadways in the vicinity of the project site.The environmental effects
of the project are analyzed and identified in the Apple Campus 2 Project Final EIR.
The Final EIR identifies potentially significant impacts and mitigation measures in the following
areas:
• planning policy
• land use
• biological resources
�The California Environmental Quality Act is found at Public Resources Code Section 21000 et seq. Hereinafter,the
MMRP will refer to the Public Resources Code sections of CEQA as"Section[number]of CEQA."
z The State CEQA Guidelines("Guidelines°)are found at California Code of Regulations,Title 14,Section 15000 et seq.
1
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
AUGUST 2013 MITIGATION MONITOR►NG AND REPORTING PROGRAM
• cultural resources
• geology, seismicity, and soils
• hydrology and water quality
. hazards and hazardous materials
• transportation and circulation
• noise
• air quality
• public services and utilities
C. ROLES AND RESPONSIBILITIES
As the lead agency under CEQA, the City will be responsible for ensuring full compliance with the
provisions of this MMIZP and will have primary responsibility for implementation of the MMRP.The
City has the authority to halt any activity associated with the construction and operation of the Apple
Campus 2 project if the activity is determined to be a deviation from the approved project or the
adopted mitigation measures.
D. MITIGATION MONITORING AND REPORTING PROGRAM
The attached table presents a compilation of the mitigation measures in the Final EIR,together with
the required monitoring and reporting actions,and timing.
The attached table includes columns that show: (1)each mitigation measure identified in the Final
EIR; (2)the procedure for implementing each mitigation measure;(3)the City entity responsible and
procedure for monitoring and reporting implementation of each mitigation measure; (4)the timing
for implementation of each mitigation measure;and(5)verification of mitigation measure
completion.
2
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTE1116ER 2013 MITICATION h10NITORINC AND REPORTINC PROGRAh1
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
IV. PLANNING POLICY
PLAN-1:The project sponsor shall The project sponsor shall The Director of Public Works Funds to be paid as Date:
implement one of the following either: shall either: indicated in the
options: (1)Pay the Department of (1) Collect the payment;or Development Signature:
a. Provide sufficient funds for the Public Works,the amount (2�Receive a dedication of 1.1 Agreement.
acquisition of 1.1 acres of property stated in the Development acres of property, to its
by the City for future park Agreement for the satisfaction.
developinent;or acquisition of the park or If funds are provided, the City
b. Agree to purcllase(unless other (2)Purchase, designate, and shall actively pursue the
property currently owned by dedicate 1.1 acres of design and development of
Apple is proposed), designate,and property to the City.The park space.If the project
dedicate to the City 1.1 acres property to be acquired or sponsor chooses to dedicate
elsewhere in the City as Parl<s and purchased shall be property it owns/acquires for
Open Space,subject to the approved by the City and this purpose, the location has
satisfaction of the City,provided suitable for development be to be approved by the City
the land would be publicly and ongoing use as park and if acceptable„ the City
accessible. space.T'he City shall take shall work with the Planning
into account existing and Commission and City Council
future need for neighbor- to designate the property as
hood and City-wide park Parks and Open Space in the
space. Cit 's Zonin Ma . .
PLAN-2:The project sponsor shall The project sponsor shall The Public Works Depart- (1)Prior to entering Date:
iinplement the following measures to submit detailed plans for the ment shall review and into a street
the satisfaction of the City: transportation approve plans for the bicycle improvement Signature:
a. Fund, construct,and,where improvements identified in and pedestrian agreement, the
necessary,provide dedications of Mitigation Measure PLAN-2. improvements identified in project sponsor shall
real property(including costs for In addition, the project Mitigation Measure PLAN-2. have plans
planning, design, construction and sponsor shall: The City shall verify that the approved by the
submitted lans are Cit which includes
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMQER 2013 M11ITICATION AIONITORINC r�ND REPORTINC PROGRAht
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
maintenance),all bike,pedestrian, (1)Fund,construct,and consistent with other bonds or other
landscaping,and sidewalk provide dedications of real transportation improvements surety to guarantee
improvements in the public right- property(where necessary) proposed for the area,and the improvements.
of-way along all properties for all bike, pedestrian, that the plans leave no
bounded by East Homestead landscaping,and sidewalk connectivity gaps for bike, (2)Funding subject
Road, North Tantau Avenue, improvements in the public pedestrian and disabled to terms of the
Vallco Parkway, and North Wolfe right-of-way along all person transport. Development
Road.In locations where the properties bounded by East Agreement.
improvements are adjacent to Homestead Road,North
property with past project Tantau Avenue,Vallco
approvals,the design details shall Parl<way,and North Wolfe
be consistent with all other Road.
improvements approved by the �2�Fund and construct a
City. way-finding scheme along
b. A coordinated way-finding the entire alternate east-west
scheme shall be introduced along loop around the project site.
the entire alternate east-west loop (3)Fund and construct
(North Wolfe Road, East enhanced bike lanes,
Homestead P.oad,Vallco Parkway, pedestrian paths,fencing,
and North Tantau Avenue).Way- guard rails(if feasible),and
finding signage shall be designed pedestrian-scaled lighting
to orient visitors and residents, along the North Wolfe Road
pointing them to area attractions, bridge over I-280.
retail areas,pedestrian and bicycle �4)Fund and construct
access routes,and other important other bicycle and pedestrian
destinations.Signs shall also be amenities, as identified in
designed to direct those on foot or the submitted plans.
on bike to the safest bicycle and �5)See Mitigation Measures
edestrian routes,as well as other
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMDER 2013 MITICATION MONITORIIVC AIVD REPORTING PROCRAhI
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing CompletedJ
Monitoring Action
Signature
bicycle and pedestrian amenities. TRANS-23(Alternate),
c. Enhanced bike lanes,pedestrian TRANS-28,TRANS-29 and
paths, fencing, guard rails(if PLAN-3.
feasible),and pedestrian-scaled (6)Fund and construct ADA
lighting shall be installed along the rainp iinprovements
North Wolfe Road Uridge over I- identified in the submitted
280. plans.
d. Other Uicycle and pedestrian
anlenities,such as 11igh visibility
crosswalks, "yield to pedestrians"
signage, leading pedestrian
intervals at signalized
intersections, and other publically
accessible amenities(e.g.,bicycle
racics, benches, attractive
pedestrian-oriented lighting, and
landscaping)along the project site
perimeter shall be installed.These
amenities shall be designed to
improve the safety and
attractiveness of alternative modes
of travel within the vicinity of the
project site.
e. Implement Mitigation Measures
TRANS-23 (Alternate)and
TRANS-28(to improve pedestrian
safety at the North Wolfe
Road/Project Access intersection);
TRANS-29(to enhance the
LSA ASSOCIATES, INC. �PPLE CA111PUS 2 PROJECT E12
SEPTEMDER 20tJ A1ITIGATION NONITORING AND REPORTING PROCRADt
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
pedestrian environment at the I-
280 ramps with Wolfe Road);and
PLAN-3(to construct an alternate
Calabazas Creek pedestrian/bike
trail).
f. Update American with Disabilities
Act(ADA)ramps at the following
locations:Vallco Mall overpass on
North Wolfe Road;northbound
Nort11 Wolfe Road at I-280 south
on-ramp,with updated crosswalk
striping;northbound North Wolfe
Road at I-280 north on-ramp,with
updated crosswalk striping;west
side of North Wolfe Road at
Pruneridge Avenue;and
southbound North Wolfe Road at
I-280 south off-ramp,with
u dated crosswalk stri in .
PLAN-3:The project sponsor shall (1)The project sponsor shall (1)The Community Prior to entering Date:
implement the following measures to fund and construct a Development Department into a street
the satisfaction of the City,as pedestrian/bike alternate and Public Works improvement Signature:
illustrated in Figure IV-3: creek trail extending from Department shall review and agreement,
a. Fund and construct to the the intersection of North approve plans to construct an including bonds or
satisfaction of the City a Tantau Avenue and alternate pedestrian/bike other surety to
pedestrian/bike alternate creek Calabazas Creek,south to creek trail and shall worlc guarantee the
trail extending from the Vallco Parkway,on both with the project sponsor to improvement,the
intersection of North Tantau sides of North Tantau acquire the necessary permits project sponsor shall
Avenue and Prunerid e Avenue, Avenue,and then west for construction of the trail. have plans
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south to Vallco Parlcway,on both along the north side of (2)'I'he Public Works approved by the
sides of North Tantau Avenue, Vallco Parl<way to the Department shall collect City.
and then west along the north side intersection of Calabazas $2.50,000 to be used for a
of Vallco Parkway to the Creel<including an feasibility study of a full Timing of funding is
intersection of Calabazas Creek. appropriate combination of Class 1 separated trail, in the subject to terms of
This funding shall account for the identified amenities area specified in Mitigation the Development
plaruling, design, collaboration (e.g., landscaping, lighting, Measure PLAN-3.The City Agreement.
with other agencies,and rest areas,recreational shall supply other funding,as
construction and maintenance of amenities). needed,to undertake the
the alternate trail route.The trail (2�The project sponsor shall study and shall actively
shall include a combination of the partially fund, in the sum of pursue construction of the
following features that reference $250,000, a feasibility study trail if feasible.
Calabazas Creel<: of a full Class I separated
• Signage along tlle route trail,where rights-of-way
including both are adequate,along the
wayfinding/maps and drainage channel that runs
inforination on creek habitat and parallel to southbound I-280
ecology; between North De Anza
■ Appropriate plantings that Boulevard and Calabazas
mimic creek-side habitats and Creek,and then south along
provide a linear reference point the western bank of
between the creel<-side portions Calabazas Creek to Vallco
of the trail and the trail detour Parkway.
(wherever possible);
■ Special pedestrian scaled
lighting;
■ Rest areas or picnic tables at trail
intersections alon North
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Tantau Avenue and Vallco
Parkway,as feasible, to
highlight the route's recreational
nature while also not
diminishing its role as a
transportation route;
■ Additional recreational
amenities such as water
fountains and trash receptacles;
■ Appropriate pavement
treatments that reference the
creek and/or water;and
■ Decorative fencing and/or guard
rails on North Tantau Avenue
along the bridge over Calabazas
Creek and the bridge over I-280
and where the creek meets
Vallco Parkway, that reference
the creek and strengthen the
linear connection between the
creek and the trail detour.
b. Partially fund,in the sum of
$250,000,a study of a full Class I
separated trail,where rights-of-
way are adequate,along the
drainage channel that runs parallel
to southbound I-280 between
North De Anza Boulevard and
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Calabazas Creel<, and then south
along the western bank of
Calabazas Creelc to Vallco
Parlcway.The study would only
assess the feasibility of such a trail
in the general area.If the City
determines such a trail is feasible
and determines to carry out the
project, the trail would Ue subject
to further environmental review
and subsequent approvals.The
potential future trail would
connect to the project-related
bicycle lane improvements on
North Tantau Avenue and Vallco
Parkway.The east-west
connection would be publicly-
accessible and would be used for
commutin and recreation.
PLAN-4:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
Measure CULT-1. CULT-1. CULT-1. Measure CULT-1.
Si nature:
PLAN-5:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
and PLAN-3. Si nature:
PLAN-6:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
and PLAN-3. Si nature:
A. LAND USE
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LU-1:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-1,PLAN-2,PLAN-3, PLAN-1,PLAN-2,PLAN-3, PLAN-1,PLAN-2,PLAN-3, Measures PLAN-1,
and CULT-1. and CULT-1. and CULT-1. PLAN-2,PLAN-3, Signature:
and CULT-1.
B. AESTHETICS
There nre no siRni�icr�nt Aesthetics impncts.
C. POPULATION,
EMPLOYMENT,AND HOUSING
There nre no si ni 'cnnt Po ulntion,Em lo�ment, and Hoicsin im «cts.
D. BIOLOGICAL RESOURCES
BIO-1:A qualified biologist shall (1)If construction would (1)The Community Prior to the issuance Date:
conduct surveys prior to tree pruning, occur during the nesting Development Department of demolition
tree removal,transplantation, ground season(February 1 to shall periodically monitor permits and Signature:
disturbing activities, or construction August 31),the project construction activities at the periodically
activities on the site to locate active sponsor shall ensure that project site and confirm that throughout project
nests containing either viable eggs or pre-construction surveys appropriate nest exclusion construction.
young birds.Preconstruction surveys are conducted no more than measures are in place.
are not required for tree removal, tree 14 days prior to the start of (2)'The City shall review the (2)Annual
pruning,or construction activities tree removal, tree pruning annual compliance reports to compliance reports
outside the nesting period.If or construction activities in confirm the adequacy of nest shall be submitted to
construction would occur during the any area. surveys and confirm that the City no later
nesting season(February 1 to August (2)'I1�e project sponsor shall appropriate nest protection than September 30",
31),preconstruction surveys shall be ensure that protective measures are identified and of each year.
conducted no more than 14 days prior measures are established for successfully implemented.
to the start of pruning,construction, active nests during this time
or ground disturbing activities. and that these protective
Preconstruction surveys shall be measures are regularly
repeated at 14-day intervals until monitored.
construction has been initiated in the �3)No later than Februa
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area after which surveys can be 15th of each year,the
stopped. Locations of active nests project sponsor shall submit
containing viable eggs or young birds annual compliance reports
shall be described and protective for the prior calendar year
measures iinplemented until the nests to the City and CDFW if
no longer contain eggs or young trees are removed during
birds. Protective measures shall the nesting season.
include establishment of clearly
delineated exclusion zones (i.e.,
demarcated by uniquely identifiable
fencing, such as orange construction
fencing or equivalent)around each
nest site as determined by a qualified
wildlife biologist, tal<ing into account
the species of birds nesting on-site
and their tolerance for disturbance.In
general, exclusion zones shall be a
minimum of 300 feet from the drip
line of the nest tree or nest for raptors
and 50 feet for passerines and other
species.The active nest sites within an
exclusion zone shall be monitored on
a weekly basis throughout the nesting
season to identify signs of disturbance
or to determine if each nest no longer
contains e s or oun birds.
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The radius of an exclusion zone may
be increased by the project biologist if
project activities are determined to be
adversely affecting tlle nesting birds.
Exclusion zones may be reduced by
the project biologist only in
consultation with CDFW.T'he
protection measures shall remain in
effect until the young have left the nest
and are foraging independently or the
nest is no longer active.For any
project-related activities involving the
removal of trees during the nesting
season,a report shall be submitted to
the City of Cupertino and CDFW once
per year documenting the observations
and actions implemented to comply
with this miti ation measure.
BIO-2:The project sponsor shall The project sponsor shall The Community Design features s11a11 Date:
incorporate the following design submit to the City building Development Department be incorporated into
features(developed through a review plans that incorporate the shall verify that the the building permit Signature:
of bird-safe design guidelines)into specific design features submitted building plans submittal.
the project to reduce bird collisions: identified in Mitigation include the bird-safe features
Measure BIO-2 (including identified in Mitigation Certification letter
Main Buildin�and North Tantau those features that pertain Measure BIO-2. shall be provided
Structures to indoor operational or prior to final
■ From outside most buildings, glass design features,such as occupancy.
often appears highly reflective, plantings and lighting).
re roducin habitat and a earin �'r►ese design features shall
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attractive to some birds.To limit be explicitly noted in
reflectivity and prevent exterior building and site plans.
glass from attracting birds, the
project shall utilize low-reflectivity Prior to final occupancy, the
glass(7 percent reflectivity, 0 project sponsor shall submit
percent ultra-violet transmittance). a report attesting that the
This low-xeflectivity glass shall be design features have been
used for the entirety of the installed as approved.
building's glass surface(not just
the lower levels nearest trees
where bird collisions may be the
most cominon) to provide
additional avian safety.
• The Main Building sl�all include
10-foot-wide awnings at each story
(or a similar feature)to create
"visual noise" by covering
windows and muting image
reflections.
• All indoor potted plants shall be
placed away from the glass
perimeter so that birds do not
attempt to fly into the vegetation.
■ All roof inechanical equipinent
shall be covered by low-profile
angled roofing so that obstacles to
bird fligllt are minimized.
• Interior light"pollution" shall be
reduced durin evenin hours
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through the use of a lighting
control system.
Main Parkin�Structure and North
Tantau Parkin�Structures
• The above-grade parking
structures shall be designed with
open-air fa�ades.No glass shall be
utilized so birds can access open
through-passages.
Cor�orate Auditorium/Cor�orate
Fitness Center
■ To limit reflectivity and prevent
exterior glass from attracting
birds, the project shall utilize low-
reflectivity glass(7 percent
reflectivity,0 percent ultra-violet
transmittance).
■ Interior light"pollution" shall be
reduced during evening hours
through the use of a lighting
control system.
■ The Corporate Fitness Center shall
include 5-foot-wide awnings(or a
similar feature)to create"visual
noise"by covering windows and
muting image reflections.
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BIO-3:Replacement/compensation of The project sponsor shall The Community Prior to the issuance Date:
all protected trees shall be undertaken replace or compensate the Development Department of grading,
in accordance with the Review of the City for all protected trees shall ensure that the project demolition or Signature:
Consolidated Arborist Report for the damaged or removed sponsor replaces/ occupancy permits.
Apple Campus 2 Project and City during the project compensates t11e City for all The Director of
�Municipal Code requirements, prior to construction period protected trees removed or Community
the initiation of construction. generally in conformance damaged during the Development may
Recommendations noted within the with attached Exhibit EA-2a construction period and shall allow an extension
Review of the Consolidated Arborist and in accordance with the verify that suitable of time, subject to
Report for the Apple Campus 2 City of Cupertino Municipal transplantation sites have the
Project, as modified by tlle Code Chapter 14.18. The been identified. recommendations of
Adjustinents to Response to the project sponsor shall ensure the City's consulting
Review of the Consolidated Arborist that the project results in a Substitutions to the trees Arborist and
Report per�IR Plan Revision and A net increase of at least 1,700 identified in Exhibit EA-2a appropriate
Review of the Trees Recoinmended for trees on the project site, may be allowed subject to the financial surety
Transplant at the Apple Campus 2 which shall consist of native review of the City's (such as a bond or a
Project shall be impleinented to the and climate appropriate Consulting Arborist and letter of credit) for
satisfaction of the Community species, approval by the Director of the work remaining.
Develoj�ment Director.Protected trees Community Development.
that are damaged or removed during
construction or roadway
improvements shall be subject to
replaceinent/compensation according
to the City's tree protection ordinance.
However,replacement for removed
trees subject to the City's Protected
Tree Ordinance shall be consistent
with the requirements of Chapter 14.18
of the Protected Tree Ordinance.Trees
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that have been identified as being
suitable for transplantation shall be
relocated in accordance with the Tree
Transplant Schedule approved by the
Communit Develo ment Director.
E. CULTURAL RESOURCES
CULT-la(On-site Relocation):The (1)The project sponsor shall (1)The Community Extensions of time Date:
Glendenning Barn shall be relocated prepare a barn relocation Development Department may be granted by
to one of the following two sites plan for either an on-or off- shall review and approve tlle Director of Signature:
within the Apple Campus 2 project site relocation that adheres plans for the relocation of Community
site, subject to the approval of the to the Secretary of the Glendenning Barn and shall Development if
City: 1)to the northeast of the Interior's Standards for the specifically verify that(if the substantial progress
Corporate Fitness Center,south of Treatment of Historic barn is relocated on-site)the is being made on the
East Homestead Road or 2)at the Properties. structure would be visible relocation and
proposed eastern termination of The plan shall also include from a public right-of-way,or financial surety
Pruneridge Avenue,near The a design and proposed (if the barn is relocated off- (such as a bond or
Hamptons.The barn shall not be location for the site)the structure's character- line of credit)is
relocated to the second potential commemorative plaque. defining elements would be provided.
relocation site identified by Apple,to (2)If an on-site relocation is visible from a public right-of-
the west of the Central Plant,near the implemented, the plans way or public viewpoint.
southwestern property line of the shall adhere to the (2)The City shall verify that If the Glendenning
project site.This site is unacceptable relocation criteria identified the relocation of the barn has Barn is located off-
to the City because it would be in Mitigation Measure been documented in site,relocation
difficult to allow for the barn to be CULT-Ia.The project accordance with the timing and funding
visible from a public right-of-way. sponsor shall prepare visual provisions of Mitigation would be per the
The lead agency shall ensure that any simulations that show that Measure CULT-1. terms in the
adopted measures to mitigate or the barn would be Development
avoid significant adverse changes to substantially visible from a Agreement.
the resource are full enforceable ublic ri ht-of-wa .
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through permit conditions, (3)If an off-site relocation is
agreements,or other measures.The implemented, the plans
following stipulations shall apply to shall adhere to the
the barn's on-site relocation: relocation criteria identified
• The following character-defining in Mitigation Measure
architectural elements of the barn CULT-1b.The project
shall be substantially visible from sponsor shall prepare visual
a public right-of-way, per the simulations that show that
discretion of City staff: 1) the barn would be
size/scale of barn;2)board and substantially visible from a
batten siding(including windows, public right-of-way or
if possible);and 3)roofline. public viewpoint.
• The new site for the Glendenning (4)The project sponsor shall
Barn shall include open space retain a qualified structure-
and/or land that can be converted moving company and a
to such use.The amount of open qualified historic architect
space shall be sufficient to to oversee the barn
reference the area's historic relocation.
agricultural roots. (5)The project sponsor shall
■ The Glenderuling Barn shall be retain a qualified historic
relocated by a qualified structure- architect to document the
moving coinpany with experience relocation of the barn from
moving historic buildings. its current site to the new
■ Relocation of the Glendenning site.
Barn shall be overseen by a
qualified historical architect.The
architect shall ensure that the barn
retains its significant character-
definin features at its new
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location, including its form,
proportion,structure, plan, style,
and materials.The historian shall
be responsible for documenting
relocation of the barn from its
ci.irrent,historic site to its new site.
Documentation shall include
production of a report that
includes photographic
documentation of the move and a
historical context for the barn that
describes the resource's
significance in local history.
Copies of this documentation shall
be offered to local libraries and
local historical societies,and
submitted to the Northwest
Information Center at Sonoma
State University.
• The Secretary of the Interior's
Standards for the Treatment of
Historic Properties(Standards)
shall be applied to the barn at its
new location.T11e Standards
consist of four possible treatments
for historic properties:
preservation,rehabilitation,
restoration,and reconstruction.
De endin on the nature of the
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barn's use at its new location and
its current condition, one or more
of these treatments shall apply.
■ The applicant shall provide a
plaque, reader board and/or other
educational tools to explain the
historic significance of the barn on
the project site.The plaque shall
include the City seal,naine of the
resource, date it was built,a
written description, and
photograph, and shall be placed in
1location where the public can
view the information, not
necessarily on the barn.
OR
CULT-1b (Off-site Relocation):The
Glendenning Barn shall be relocated
off the project site to a new site within
Cupertino, subject to the approval of
the City.The lead agency shall ensure
that any adopted measures to
mitigate or avoid significant adverse
changes to the resource are fully
enforceable through permit
conditions, agreements, or other
measures.The followin sti ulations
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shall apply to the barn's relocation:
■ The new site for the Glendenning
Barn shall include open space
and/or land that can be converted
to such use.The amount of open
space shall be sufficient to refer-
ence the area's historic agricultural
roots.Appropriate uses of the new
site could include educational uses
determined by the City.Public
access could be permitted and is
encouraged,but is not required to
reduce impacts to the resource.
• If located on private property, the
following character-defining
architectural elements of the barn
shall be substantially visible from
a public right-of-way or(if the
barn and/or its surroundings are
publicly-accessible)a public
viewpoint,per the discretion of
City staff:1)size/scale of barn;2)
board and batten siding(including
windows, if possible);and 3)
roofline.
■ The Glendenning Barn shall be
relocated by a qualified structure-
moving company with experience
movin historic buildin s.
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• Relocation of tlle Glendenning
Barn shall be overseen by a
qualified historical architect.The
architect shall ensure that the barn
retains its significant character-
defining features at its new
location, including its form,
proportion, structure, plan,style, �
and materials.The historian shall
be responsible for documenting
relocation of the barn from its
current,historic site to its new site.
Documentation shall include
production of a report that includes
photographic documentation of the
move and a historical context for
the barn that describes the
resource's significance in local
history.Copies of this
documentation shall be offered to
local libraries and local historical
societies, and submitted to the
Northwest Information Center at
Sonoma State University.
■ The Secretary of the Interior's
Standards for the Treatment of
Historic Properties(Standards)
shall be applied to the barn at its
new location.'The Standards
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consist of four possible treatments
for historic properties:
preservation,rehabilitation,
restoration, and reconstruction.
Depending on the nature of the
barn's use at its new location and
its current condition,one or more
of these treatments shall apply.
■ The applicant shall provide a
plaque,reader board and/or other
educational tools to explain the
historic significance of the barn,
both on the off-site location and on
the project site.'The plaques shall
include tl�e City seal,narne of the �
resource,date it was built,a
written description,and photo-
graph,and shall be placed in a
location where the public can view
the information,not necessarily on
the barn.
CULT-2a:The project applicant shall (1)The project sponsor shall (1)For grading permits,the Prior to the issuance Date:
retain a qualified archaeologist to submit a Monitoring Plan to Director of Public Worlcs of grading and
monitor project ground-disturbing the City prior to shall verify that the contract building permits, Signature:
activities.Prior to project ground- undertaking ground- language in Mitigation and during project
disturbing activities, the archaeologist disturbing activities. Measure CULT-2b is included construction
shall prepare a Monitoring Plan for in all appropriate activities.
the project.The Monitoring Plan shall (2)Upon discovery of construction documents for
include:(1)a review of historical archaeolo ical resources in the ro'ect.
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maps, photographs,soil inventories, the presence of an archae-
and geotechilical reports to identify ological monitor, the project (2)For building permits, the
those locations where subsurface sponsor shall halt Community Development
historical features may occur and construction activities Department shall verify that
areas of prehistoric sensitivity;and (2) within 25 feet of the area the contract language in
a Discovery Plan that describes the while finds are being Mitigation Measure CULT-2b
specific methods and procedures that assessed by a qualified is included in all appropriate
will be used in the event that archaeologist.If deposits are construction documents for
archaeological deposits are identified. determined to be of the project.
Archaeological monitors shall be historical significance and
empowered to halt construction avoidance is not feasible, (3)The City s11a11 review the
activities at the location of a discovery mitigation efforts shall be Monitoring Plan for adequacy
to review possible archaeological undertaken in accordance and verify that Mitigation
material and to protect the resource with Mitigation Measure Measures CULT-2a and
while the finds are being evaluated. CULT-2a. CULT-2b are followed in the
Monitoring shall continue until, in the event that the construction
archaeologist's judgment, cultural (3)The project sponsor shall contractor identifies a cultural
resources are not likely to be notify a qualified archae- resource during the con-
encountered. ological monitor and the struction period.
City,if deposits are encoun-
If deposits of prehistoric or historical tered during ground-
archaeological materials are disturbing activities(when a
encountered during project activities, monitor is not initially
all work within 25 feet of the present)and halt
discovery shall be redirected until the construction within 25 feet
archaeologist assesses the finds, of the deposits during such
consults with agencies as appropriate, time.If deposits are
and makes recominendations for the determined to be of
treatment of the discover .If historical si nificance and
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avoidance of the archaeological avoidance is not feasible,
deposit is not feasible, the mitigation efforts shall be
archaeological deposits shall be undertaken in accordance
evaluated for their eligibility for with Mitigation Measure
listing in the California Register of CULT-2a.
Historical Resources.If the deposits
are not eligible,mitigation is not
necessary.If the deposits are eligible,
adverse effects on the deposits shall
be mitigated.Mitigation may include
excavation of the archaeological
deposit in accordance with a data
recovery plan(see CEQA Guidelines
Section 15126.4(b)(3)(C))and standard
archaeological field methods and
procedures;laboratory and technical
analyses of recovered archaeological
materials;preparation of a report
detailing the methods, findings,and
significance of the archaeological site
and associated materials;and
accessioning of archaeological
materials and a technical data
recovery report at a curation facility.
Upon completion of the assessment,
the archaeologist shall prepare a
report to document the methods and
results of the assessment.The re ort
►Z!
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shall be submitted to the City of
Cupertino and the Northwest
Information Center at Sonoma State
University upon completion of the
resource assessment.
CULT-2b:If archaeological deposits
are encountered during project
subsurface construction when an
archaeological monitor is not present,
all ground-disturbing activities within
25 feet shall be redirected and a
qualified archaeologist contacted to
assess the situation, consult with
agencies as appropriate,and mal<e
recoinmendations for the treatment of
the discovery.The project applicant
shall inform its contractor(s)of the
sensitivity of the project area for
archaeological deposits.The City shall
verify that the following directive has
been included in the appropriate
contract documents:
"If prehistoric or historical
archaeological deposits are
discovered during project activities,
all work within 25 feet of the
discover sl�all Ue redirected and a
25
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qualified archaeologist contacted to
assess the situation,consult with
agencies as appropriate,and make
recommendations regarding the
treatment of the discovery.
Project personnel shall not collect or
move any archaeological materials or
human remains and associated
materials.Archaeological resources
can include flaked-stone tools(e.g.,
projectile points,knives,choppers)or
obsidian,chert,basalt, or quartzite
toolmaking debris;bone tools;
culturally darkened soil(i.e.,midden
soil often containing heat-affected
rock,ash and charcoal,shellfish
remains, faunal bones, and cultural
materials);and stone-milling equip-
ment(e.g.,mortars,pestles,
handstones).Prehistoric
archaeological sites often contain
human remains."
Adverse effects to archaeological
deposits shall be treated in
accordance with Mitigation Measure
CULT-2a.
CULT-3:Should paleontological Upon discovery of (1)For grading permits,the Prior to the issuance Date:
resources be encountered durin aleontolo ical resources Director of Public Works of radin ,buildin ,
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project suUsurface construction the project sponsor shall shall verify that the contract or occupancy Signature:
activities, all ground-disturbing halt construction activities language in Mitigation permits and during
activities within 25 feet shall be within 25 feet of the area Measure CULT-2b is included project construction
redirected and a qualified and notify a qualified in all appropriate activities.
paleontologist contacted to assess the paleontologist and the City. construction documents for
situation, consult with agencies as If deposits are determined the project.
appropriate, and make to be significant and (2)The Community
recommendations for the treatment of avoidance is not feasible, Development Departinent
the discovery.If found to Ue mitigation efforts shall be shall verify that the contract
significant,and project activities undertalcen in accordance language in Mitigation
cannot avoid the paleontological with Mitigation Measure Measure CULT-3 is included
resources,adverse effects to CULT-3. in all appropriate
paleontological resources shall be construction documents for
mitigated. Mitigation may include the project.
monitoring, recording the fossil (3)The City shall verify that
locality,data recovery and analysis,a Mitigation Measure CULT-3
final report,and accessioning the is followed in the event that
fossil material and technical report to the construction contractor
a paleontological repository. identifies paleontological
Public educational outreach may also resources during the
be appropriate.Upon completion of construction period.
the assessment, a report documenting
inethods, findings, and
recommendations shall be prepared
and submitted to the City of
Cupertino for review,and (if
paleontological materials are
recovered)a paleontological
re ositor ,such as the Universit of
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California Museum of Paleontology.
The project applicant shall inform its
contractor(s)of the sensitivity of the
project area for paleontological
resources.The City shall verify that
the following directive has been
included in the appropriate contract
documents:
"The subsurface of the construction
site may be sensitive for
paleontological resources.If
paleontological resources are
encountered during project
subsurface construction and a
paleontologist is not on-site, all
ground-disturbing activities within
25 feet shall be redirected and a
qualified paleontologist contacted to
assess the situation,consult with
agencies as appropriate, and make
recommendations for the treatment
of the discovery.Project personnel
shall not collect or move any
paleontological materials.
Paleontological resources include
fossil lants and animals,and such
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trace fossil evidence of past life as
tracks.Ancient marine sediments may
contain invertebrate fossils such as
snails, clain and oyster shells,
sponges, and protozoa;and vertebrate
fossils such as fish,whale, and sea
lion bones. Vertebrate land mammals
may include bones of inammoth,
camel, saber tooth cat,horse,and
bison.Paleontological resources also
include plant imprints,petrified
wood,and aniinal tracl<s."
CULT-4:If human remains are Upon discovery of human (1)For grading permits, the Prior to the issuance Date:
encountered during construction, the remains the project sponsor Director of Public Works of grading,building,
project shall implement Mitigation shall halt construction shall verify that the contract or occupancy Signature:
Measure CULT-2a (archaeological activities within 25 feet of language in Mitigation permits and during
monitoring)to identify and treat any the area,notify a qualified Measure CULT-2b is included project construction
human remains that inay be present. archaeologist and the City, in all appropriate activities.
and treat remains in construction documents for
In addition, any human remains accordance with California the project.
encountered during project ground- Health and Safety Code (2)The Community
disturbing activities shall be treated in Section 7050.5. Development Department
accordance with California Health and shall verify that the contract
Safety Code Section 7050.5.The project language in Mitigation
applicant shall inform its contractor(s) Measure CULT-4 is included
of the sensitivity of the project site for in all appropriate
human remains.The City shall verify construction documents for
that the following directive has been the project.
included in the appropriate contract (3)The Cit shall verif that
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documents: Mitigation Measure CULT-4
is followed in the event that
"If human remains are uncovered, the construction contractor
work within 25 feet of ttze discovery identifies human remains
shall be redirected and the County during the construction
Coroner notified immediately.At the period.
same time,an archaeologist shall be
contacted—if one is not already on site
—to assess the situation and consult
with agencies as appropriate.Project
personnel shall not collect or move any
human remains or associated
materials.If the human remains are of
Native American origin,the Coroner
must notify the Native American
Heritage Commission within 24 hours
of this identification.The Native
American Heritage Commission will
identify a Native American Most
Likely Descendant to inspect the site
and provide recommendations for the
proper treatment of the remains and
associated rave oods:'
F. GEOLOGY,SEISMICITY,AND SOILS
GEO-1: Prior to the issuance of any (1)'The project sponsor shall (1)The Community Prior to issuance of Date:
site-specific grading or building submit a design-level Development Department grading,building,or
permits,a design-level geotechnical geotechnical report, and Department of Public occupancy permits. Signature:
report shall be prepared and prepared by a licensed Works
submitted to the Ci of Cu ertino rofessional containin shall review the final desi n-
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Building Departinent for review and recommendations for level geotechnical
approval and in accordance with specific building tecllniques investigation to ensure that
adopted City standards.The structural appropriate for minimizing all recommendations, design
designs shall adhere to the 2010 damage from seismic events criteria, and specifications set
California Building Code(CBC)or the and expansive and forth in the report are
appropriate building code,as adopted corrosive soils. adequate to reduce the risk
by the City of Cupertino.�xamples of (2�All recommendations in associated with seismic
the lcinds of ineasures that would the report shall be shaking hazards and
typically be used to meet these incorporated into plans for expansive and corrosive soils.
requirements include pile-supported the specific development (2)The City shall verify that
foundations, use of pre-stressed project(s)addressed in the the recommendations of the
concrete materials, slab reinforcement, report. design-level geotechnical
compaction specifications, drainage investigation are
requirements, use of control joints, incorporated into all
and appropriate safety factors.The applicable project plans.
report shall identify specific building
techniques appropriate for
miniinizing damage froin seismic
events, including liquefaction and
lateral spreading.In addition,the
following requirement for the
geotechnical and soils report shall be
met:
■ The seismic hazard analysis
presented in the geotechnical
report shall include an evaluation
of liquefaction hazards in the
Calabazas Creek area, and shall
conform to the California Division
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oE Mines and Geology
recommendations presented in the
Guidelines for Evaluating and
Mitigating Seismic Hazards in
California.
■ Design review for the project shall
include evaluation of fixtures,
furnishings,and fasteners with the
intent of minimizing collateral
injuries to building occupants
from falling fixtures or furnishings
during the course of a violent
seismic event.
■ All design criteria and
specifications set forth in the
design-level geotechnical report
shall be implemented as a
condition of project approval.This
report shall address the final
specifications for design and
construction intended to limit the
effects oE seismic hazards to
structures and utilities, including
but not limited to:foundation
design,driven piles,utility
corridor design,excavation
subgrade preparation, fill
materials and compaction
s ecifications, retainin walls and
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concrete pavement specifications,
and drainage and dewatering
design.This report shall be
completed as a condition of
approval of the vesting tentative
map or adoption of the
develo ment a reement.
GEO-2:The design-level geotechnical See Mitigation Measure See Mitigation Measure GEO- See Mitigation Date:
report shall include recommendations GEO-1. 1. Measure GEO-1.
for foundations and improvements, Signature:
including sidewalks,parking lots, and
subsurface utilities, that take into
consideration the potential effects of
expansive and corrosive soils.The
report shall be submitted to the City
of Cupertino Building Department for
review and approval.All design
criteria and specifications set forth in
the design-level geotechnical report
shall be implemented as a condition
of ro'ect a roval.
G. HYDROLOGY AND WATER QUALITY
HYD-1:As a condition of approval for (1)The project sponsor shall The Public Works Prior to issuance of Date:
construction permits, the City prepare a hydrology/ Department shall review and grading,building,or
Engineer shall review storin drainage hydraulic analysis of the verify the occupancy permits. Signature:
plans and calculations for the project, existing storm drain system hydrology/hydraulic analysis,
and verify whether existing storm to verify it is adequately and subsequently require
drain infrastructure affected by the sized to accommodate the improvements if necessary.
ro'ect will meet current Cit runoff from the ro'ect. The Cit shall review and
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requirements, including the ability to (2)'I'he project sponsor shall approve plans for any suc11
convey a 10-year storm event,as submit copies of the improvements if they are
storm events are calculated per analysis to the City determined to be necessary.
standards set forth in the Santa Clara Engineer. The final improvements shall
County Drainage Manual(2007). be inspected by the
(3)If facilities are deemed
Should the City Engineer determine inadequate,the project Department of Public Works
that the existing storm drain facilities sponsor shall submit plans prior to issuance of
are inadequate to convey a 10-year for the construction of occupancy permits.
storm event,the project applicant necessary upgrades to the
shall be responsible for the design City Engineer.
and construction of the necessary �4)Upon completion oE
modifications.Upon completion the upgrades,the project
improvements will be dedicated to sponsor will dedicate the
the City and the City will be facilities to the City.
responsible for ongoing maintenance,
repair,and other liabilities associated
with the im rovements.
H. HAZARDS AND HAZARDOUS MATERIALS
HAZ-1a:The contractor(s)shall The project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
designate storage areas suitable for ensure that the following Department shall verify that of grading,
material delivery,storage,and waste components are integrated the construction plans for the demolition or Signature:
collection.These locations must be as into the construction plans project include: building permits.
far away from catch basins,gutters, for the project: (1)designation of areas for
drainage courses, and Calabazas (1) designation of areas for material delivery,storage,
Creek as feasible.All hazardous material delivery,storage, and waste collection;
materials and wastes used or and waste collection; (2)provisions for
generated during project site develop- (2�provisions for maintenance of an inventory
ment activities shall be labeled and maintenance of an of hazardous materials
stored in accordance with applicable invento of hazardous retained on-site;and
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local,State,and federal regulations.In materials retained on-site; (3)emergency preparedness
addition,an accurate up-to-date and and response procedures.
inventory, including Material Safety (3)emergency preparedness
Data Sheets,shall be maintained on- and response procedures.
site to assist emergency response
personnel in the event of a hazardous
materials incident.
All maintenance and fueling of
vehicles and equipment shall be
performed in a designated,bermed
area, or over a drip pan that will not
allow runoff of spills.Vehicles and
equipment shall be regularly checked
and leaks shall be repaired promptly
at an off-site location.Secondary
containment shall be used to catch
leaks or spills any time that vehicle or
equipment fluids are dispensed,
changed,or poured.
Mitigation Measure HAZ-1b:
Emergency preparedness and response
procedures shall be developed by the
contractor(s)for emergency
notification in the event of an
accidental spill or other hazardous
materials emergency during project
site re aration and develo ment
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activities.These procedures sl�all
include evacuation procedures, spill
containment procedures, and required
personal protective equipment, as
appropriate, in responding to the
emergency.The contractor(s)shall
submit these procedures to the City of
Cupertino for approval prior to
demolition,site preparation,or
development activities.
Compliance with these mitigation
measures may occur in coordination
with compliance with the Storm Water
Pollution Prevention Plan and Best
Management Practices required for the
proposed project(see Section V.G,
Hydrology and Water Quality, for
additional detail).
HAZ-2a:Construction at the project The project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
site shall be conducted under a prepare a project-specific Department shall verify that of grading,
project-specific�nvironmental Site ESMP and shall undertake construction plans include demolition or Signature:
Management Plan(ESMP)that is construction activities in soil and groundwater building permits.
prepared in consultation with the accordance with the ESMP, management protocols
RWQCB.The purpose of tlle ESMP is identified in the ESMP
to protect construction workers,the The project sponsor shall (including VOC management
general public, the environment,and prepare a project-specific protocols for development in
future site occupants from subsurface vapor intrusion assessment, the northwestern corner of
hazardous materials reviousl and shall incor orate into the ro'ect site).
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identified at the project site and to the project design soil vapor
address the possibility of mitigations or controls or
encountering unknowi�contam- source removal,as
ination or hazards in the subsurface. appropriate.
The ESMP shall summarize soil and
groundwater analytical data collected
on the project site during past
investigations; identify manageinent
options for excavated soil and
groundwater, if contaminated media
are encountered during deep
excavations;and identify monitoring,
irrigation, or other wells requiring
proper abandonment in compliance
with local,State, and federal statutes
and regulations.
The ESMP shall include measures for
identifying, testing, and inanaging
soil and groundwater suspected of or
known to contain hazardous
materials.The ESMP shall: 1)provide
procedures for evaluating,handling,
storing, testing, and disposing of soil
and groundwater during project
excavation and dewatering activities,
respectively;2) describe required
worker health and safety provisions
for all workers potentially exposed to
hazardous materials in accordance
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with State and federal worl<er safety
regulations;and 3) designate
personnel responsible for
implementation of the ESMP.
HAZ-2b:For areas at the project site
with potential residual VOCs in soil,
soil gas,or groundwater that are
planned for redevelopment with an
overlying occupied building,a vapor
intrusion assessment shall be
performed by a licensed
environmental professional. These
areas include the northwestern corner
of the site at the Hewlett-Packard
Building 42 area and the 10400 North
Tantau Avenue property.If the
results of the vapor intrusion
assessment indicate the potential Eor
significant vapor intrusion into an
occupied building,project design
shall include vapor controls or source
removal,as appropriate,in
accordance with regulatory agency
requirements.Soil vapor mitigations
or controls could include passive
venting and/or active venting. The
vapor intrusion assessment and
associated va or controls or source
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removal can be incorporated into the
ESMP(Miti ation Measure HAZ-2a).
HAZ-3:Hazardous building inaterials The project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
surveys s11a11 be conducted by a ensure that hazardous Department shall verify that of grading,
qualified and licensed professional for building materials surveys all abatement activities have demolition,or Signature:
all structures,not previously are conducted prior to been certified by a qualified building permits.
inspected or abated,proposed for demolition and that all environmental professional.
demolition or renovation at the hazardous materials are
project site.ACM shall be included in abated in accordance with
the hazardous materials building existing regulations.The
surveys for buildings constructed project sponsor shall submit
prior to 1981.Lead-based paint shall to the City, a report
be included in all hazardous material prepared by a qualified
surveys.All loose and peeling lead- environmental professional,
based paint and ACM shall be abated that documents the
by certified contractor(s)in completion of all abatement
accordance with local,State,and activities.
federal requirements.All other
hazardous materials, such as
"universal wastes," shall be removed
from buildings prior to demolition in
accordance with DOSH regulations.
The completion of the abatement
activities shall be documented by a
qualified environmental
professional(s)and submitted to the
City of Cupertino prior to the
issuance of construction and
demolition ermits.
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HAZ-4:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. Measures HAZ-1
and HAZ-2. Si nature:
I. TRANSPORTATION AND CIRCULATION
TRANS-1:As part of the project,the The project sponsor shall The Public Works Prior to entering Date:
project sponsor shall construct an diligently pursue Mitigation Department shall review into a street
additional westbound lane at Measure TRANS-1, plans for the mitigation improvement Signature:
intersection#21 Wolfe Road/I-280 including seeking approval measure.and facilitate agreement,
Northbound Ramps to provide for from Caltrans, and,if discussions with Caltrans in including providing
dual left-turn and dual right-turn approved,shall implement order to implement this funding for
lanes.With the additional lane,the Mitigation Measure TRANS- measure. Caltrans,or bonds
intersection would operate at 1.The project sponsor shall or other surety to
acceptable LOS B (17.1 seconds) provide detailed guarantee the
during the AM peak hour.However, construction plans and shall improvement,the
the off-ramp intersection is under construct the mitigation project sponsor shall
Caltrans jurisdiction.Therefore, measure,or shall provide have plans
neither the project sponsor nor the funding to Caltrans approved by the
City of Cupertino can ensure the adequate for the design and City and Caltrans.In
implementation of the proposed construction of the the event that the
mitigation measure;thus the impact is improvement. project sponsor can
considered significant and demonstrate to the
unavoidable. satisfaction of tlle
Public Works
Department that,
despite their best
efforts,sufficient
progress has not
been made with the
res onsible a enc ,
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the funding shall be
held in escrow in
lieu of the design
and construction of
the mitigation
measure,subject to
the requirements of
Government Code
Section 66001(d).
TRANS-2:At intersection#31 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Vallco Parkway, the project submit detailed Department shall review and into a street
sponsor shall construct an exclusive construction plans prepared approve plans.In addition, improvement Signature:
northbound through laile(for a total in accordance with the the City shall verify that trees agreement,
of one left-turn lane, one through requirements of the City of affected by construction of including bonds or
lane, and one shared through/right- Cupertino for the the measure are mitigated in other surety to
turn lane), and a receiving lane on the construction of the accordance with Mitigation guarantee the
north side of the intersection which mitigation measure and Measures BIO-1 and BIO-3. improvements,the
would improve intersection construct the mitigation project sponsor shall
operations to acceptable LOS C(26.1 measure. have plans
seconds). approved by the
City.
The proposed mitigation measure
could have secondary iinpacts to the
trees along the east side of Tantau
Avenue.The roadway would need to
be widened to tl�e east, to provide for
a bike lane to the right of the travel
lane and the sidewalk adjacent to the
bike lane.Secondar im acts
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associated with the removal of trees
that are protected under the City of
Cupertino's Tree Protection
Ordinance could occur with the
identified mitigation measure.
Impacts BIO-1 and BIO-3 in Section
V.D,Biological Resources in DEIR
addresses these potential secondary
im acts.
TRANS-3:At intersection#36 Stevens The project sponsor shall The Public Works Prior to entering Date:
Creek Boulevard/Calvert Drive/I-280 diligently pursue Mitigation Department shall review into a street
Ramps(west),the project sponsor Measure TRANS-3, plans for the mitigation improvement Signature:
shall construct an exclusive including seeking approval measure and facilitate agreement witll the
eastbound right-turn lane(for a total from Caltrans and the City discussions with Caltrans and City of Cupertino,
of three through lanes and one right- of Santa Clara,and,if the City of Santa Clara in the project sponsor
turn lane)and provide an eastbound approved,shall implement order to implement this shall have plans
right-turn overlap phase.This would Mitigation Measure measure.` approved by the
improve intersection operations to TRANS-3.The project City of Santa Clara
acceptable LOS E+.To accommodate sponsor shall provide and provide a
the added lane the existing buffer detailed construction plans financial guarantee
between the roadway and sidewalk and construct the mitigation for the mitigation
would need to be eliminated and the measure,or shall provide measure.In the
sidewalk pushed closer to the existing funding to the City of Santa event that the
fence on the south side of Stevens Clara(up to a maximum of project sponsor can
Creek Boulevard.This mitigation $550,820)to design and demonstrate to the
measure would also require construct either(1) the satisfaction of the
relocation of an existing streetlight, identified mitigation Public Works
fire hydrant,and utility pole. measure or;(2)an alternate Department that,
im rovement which would des ite their best
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This intersection is a CMP intersection mitigate the impact to the efforts, the City of
and is located within the City of Santa satisfaction of the City of Santa Clara will not
Clara.It is also under Caltrans Cupertino's Public Works approve the
jurisdiction.The project sponsor Department. identified mitigation
would be required to coordinate with measure, then the
the City of Santa Clara and Caltrans project sponsor shall
to construct the identified physical provide the
improvement at the Stevens Creek maximum funding
Boulevard/Calvert Drive/I-280 Ramp to the City of
(west)intersection.Since this Cupertino to be held
intersection is outside of the City of in escrow until an
Cupertino's jurisdiction, the City alternate
cannot guarantee that the improvement
improveinent would be constructed. satisfactory to the
For this reason the impact would City of Cupertino's
remain significant and unavoidable. Public Works
Department is
approved,subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
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ro'ect s onsor.
TIZANS-4:At intersection�5 De Anza The project sponsor shall The Public Works Prior to entering Date:
Boulevard/Homestead Road the submit detailed Department shall review and into a street
project sponsor shall construct an construction plans prepared approve plans for the improvement Signature:
exclusive southbound right-turn lane in accordance with the mitigation measure.In agreement,
(for a total of two left-turn lanes,three requirements of the City of addition,the City shall verify including bonds or
through lanes,and one right-turn Cupertino for tlze that trees affected by other surety to
lane)which would improve construction of the construction of the measure guarantee the
intersection operations to LOS E+. mitigation measure and are mitigated in accordance mitigation measure, :
Although still considered an construct the mitigation with Mitigation Measures the project sponsor
unacceptable LOS based on measure. BIO-1 and BIO-3. shall have plans
Cupertino's standards, this mitigation approved by the
measure would improve operations City.
over Background No Project
Conditions.
With the mitigation measure
identified above,secondary impacts
associated with the removal of trees
could occur.Trees are protected
under the City of Cupertino's Tree
Protection Ordinance.Impacts BIO-1
and BIO-3 in Section V.D,Biological
Resources addresses these potential
secondary impacts related to potential
tree removal.
TIZANS-5:At intersection#21 Wolfe See Mitigation Measure See Mitigation Measure See Mitigation Date:
Road/I-280 Northbound Ramps,the TRf1NS-1. TRANS-1. Measure TP.ANS-1.
ro'ect s onsor shall im lement Si nature:
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Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
Mitigation Measure TRANS-1
(provide dual left-and rigllt-turn
lanes on the off-ramp), which would
improve intersection operations to
acceptable LOS B (18.0 seconds).
However,the off-ramp intersection is
under Caltrans jurisdiction.
Therefore,neither the applicant nor
the City of Cupertino can ensure the
implementation of the proposed
mitigation ineasure;thus the impact is
considered significant and
unavoidable.
TRANS-6:At intersection#27 Tantau The project sponsor shall T'he Public Works Prior to entering Date:
Avenue/Homestead Road the project submit detailed construction Department shall review and into a street
sponsor shall construct an exclusive plans prepared in approve plans for the improvement Signature:
right-turn lane froin eastbound accordance with the mitigation measure.In agreement,
Homestead Road to southUound requirements of the City of addition, the City shall verify including bonds or
Tantau Avenue(for a total of one Cupertino for the mitigation that trees affected by other surety to
eastbound left-turn lane, two measure.The project construction of the measure guarantee the
eastbound through lanes,and one sponsor shall construct the are mitigated in accordance mitigation measure,
eastbound right-turn lane),which mitigation measure.For any with Mitigation Measures the project sponsor
would iinprove intersection protected trees that are BIO-1 and BIO-3. shall have plans
operations to acceptable LOS D-(52.6 affected, the project sponsor approved by the
seconds). shall implement Mitigation City.
Measures BIO-1 and BIO-3.
With the mitigation measure
identified above,secondary impacts
associated with t11e removal of trees
45
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 MITIGATION MONITORING AND REPORTING PROGRA67
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
could occur.Trees are protected
under the City of Cupertino's Tree
Protection Ordinance.Impacts BIO-1
and BIO-3 in Section V.D,Biological
Resources addresses these potential
secondary impacts related to potential
tree removal.
TRANS-7:At intersection#31 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Vallco Parkway,the project TRANS-2. TRANS-2. Measure TRANS-2.
sponsor shall implement Mitigation Signature:
Measure TRANS-2(add exclusive
northbound through lane),which
would improve intersection
operations to acceptable LOS C(28.7
seconds).
TRANS-8:At intersection#32 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Stevens Creek Boulevard,the submit detailed Department shall review and into a street
project sponsor shall construct a 100- construction plans prepared approve plans for the improvement Signature:
£oot exclusive southbound right-turn in accordance with the mitigation measure.. agreement,
lane(for a total of two southbound requirements of the City of including bonds or
left-turn lanes and one southbound Cupertino for the other surety to
right-turn lane),with associated construction of the guarantee the
improvements in the right-of-way, mitigation measure and mitigation measure,
which would improve intersection construct the mitigation the project sponsor
operations to acceptable LOS D(46.8 measure. shall have plans
seconds}. approved by the
Cit
TRANS-9a:At intersection#36 TRANS-9a The project TRANS-9a:The Public Works Date:
Stevens Creek Boulevard/Calvert s onsor shall rovide De artment shall review
. �
LSA ASSOCIATGS, INC. APPLE CAMPUS 2 PRUJECT EIR
SEPTEM6ER 2013 MITICATION MONITORIIVC ANU REPORTING PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
Drive/I-280 Ramps(west), the project detailed construction plans plans for the mitigation TRANS-9a:Prior to Signature:
sponsor shall implement Mitigation and shall construct the measures and facilitate entering into a street
Measure TRANS-3 (add exclusive mitigation measure, or shall discussions with the City of improvement
eastbound right-turn lane), which provide funding to the City Santa Clara to implement this agreement with the
would improve intersection of Santa Clara(up to a measure. City of Cupertino,
operations to 112.2 seconds (LOS F). maximum of$1,531,288)to the project sponsor
However, the Stevens Creelc design and construct either TRANS-9b:The Community shall have plans
Boulevard/Calvert Drive/I-280 Ramps (1)the identified mitigation Development Department approved by the
(west)intersection would continue to measure or; (2)an alternate shall undertake the following City of Santa Clara
operate unacceptably. Providing a improvement which would TDM monitoring tasks, as and provide a
channelized free right-turn lane with mitigate the impact to the summarized below(refer to financial guarantee
a third eastbound receiving lane on satisfaction of the City of pages 441-447 of the Draft EIR for the mitigation
the connector link between Stevens Cupertino's Public Works for additional detail): measures.In the
Creek Boulevard and Lawrence Department. (1)The City shall retain, at the event that the
Expressway,for a distance of project sponsor's cost,an project sponsor can
approximately 1,250 feet including a TRANS-9b:The project independent City-approved demonstrate to the
pedestrian-actuated traffic signal to sponsor shall implement an transportation planning/ satisfaction of the
allow for protected pedestrian expanded TDM Program engineering firm to,on an Public Works
crossings to the pedestrian refuge that results in a 34 percent annual basis,collect vehicle Department that,
island,would iinprove intersection alternative mode partic- counts for all project drive- despite their best
operations to LOS D+with 38.6 ipation rate,as summarized ways and/or parking facilities efforts, the City of
seconds of delay. below(refer to pages 441- over a 2-week period.The Santa Clara will not
TRANS-9b:The project sponsor shall 447 of the Draft EIR for report shall primarily identify approve the
expand the TDM program to reduce additiorlal detail): whether the project is identified mitigation
the severity of the impact per the TDM (1)Implement"New and generating more than 4,270 measure, then the
Program Expansion subsection. Expanded Project TDM AM peak hour trips and 4,400 project sponsor shall
Increasing the TDM participation and Measures' listed on page PM peak hour trips,but shall provide the
associated alternative mode share 442 of the Draft EIR. also report the trip rates maximum funding
from 28 percent to 34 percent would �2 Startin 6 months after expressed as AM and PM to the City of
47
LSA ASSOCIATES, (NC. �PPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 111ITICATION MONITORING ANU REPORTING PROGRAht
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
improve operations to LOS F(142.8 occupancy of Phase 1,no peak hour vehicle trips per Cupertino to be held
seconds)without implementation of later than February 15�h of employee.The City shall in escrow until an
TRANS-3;however it would not each year, the project review and approve this alternate
reduce the impact to a less-than- sponsor shall,provide an report. improvement
significant level.A robust monitoring annual report to the City for (2)If AM or PM peak hour satisfactory to the
program has been identified in the the prior calendar year, trips counts are exceeded,the City of Cupertino's
TDM Program Expansion subsection describing the specific TDM City shall notify and meet Public Works
and shall be required to ensure that measures that are being with the project sponsor to Department is
this TDM program mitigation implemented,the number of develop a plan and identify approved,subject to
measure is implemented and that the employees/contract new TDM measures to achieve the requirements of
required trip reduction is acllieved. employees on the site,and the peak hour trip counts. Government Code
Details of the TDM program are the success of the measures Follow-up monitoring shall be Section 66001(d).
discussed in the TDM Program expressed in AM conducted within 60 days of T11e funds will be
Expansion subsection. and PM peak hour vehicle implementation of new TDM released to the
trips and vehicle trips per measures. responsible agency
employee. (3)If the project sponsor does once the project is
'The annual report shall also not agree to implement City- approved and
include data on Apple approved TDM measures,the programmed,with
transit ridership,public City shall assess the project any excess funds
transit ridership, sponsor a$5 per day trip returned to the
cycling/walking volumes, penalty(indexed to the project sponsor.
and carpool volumes. Consumer price Index)for all
(3)If one or both of the AM trips above 4,270 AM peak- TRANS-9b:
and PM peak hour vehicle hour vehicle trips and 4,400 The Community
trip counts(i.e.,4,720 AM PM peak-hour vehicle trips Development
peak-hour vehicle trips and during the monitoring period. Department shall
4,400 PM peak hour vehicle (4)If the project sponsor conduct annual
trips)are exceeded,the agrees to implement City- monitoring for the
project sponsor shall meet a roved TDM measures and first 10 years of the
. �
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EtR
SEPTEMBER 201J MITIGATION MONITORINC AND REPORTIIVC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
with the City to develop a follow-up monitoring project.If in the last
plan and implement new (conducted within 60 days of 3 years of the 10-
TDM measures (including implementation of new TDM year period the peak
those"Additional TDM measures) indicates that peak hour trip counts are
Measures" listed on page hour trip counts are still not exceeded,
443 of the Draft EIR) to meet exceeded, the City shall monitoring shall be
the required trip counts. assess Apple a$3 per day trip conducted every
These TDM measures shall penalty(indexed to the other year.
be implemented by the Consumer price Index)for all However, if any
project sponsor within 60 trips above 4,270 AM peak- monitoring reports
days of being notified by the hour vehicle trips and 4,400 for the last 3 years
City that the peak hour trip PM peak-hour vehicle trips indicate that the
counts are being exceeded. during the reporting period. peak hour trips
(4)If one or both of the AM (5)Trip penalty fees collected counts are being
and PM peak hour vehicle by the City shall be used to exceeded,
trip counts are not provide for City-wide monitoring shall be
exceeded,the project implementation of TDM conducted on an
sponsor shall continue to programs and improvement annual basis until
implement TDM measures of bike and pedestrian the peak hour trip
to maintain that facilities. counts have not
compliance. been exceeded for
(5)If,even after three consecutive
implementation of new annual reports.
TDM measures, the AM
and PM peak hour vehicle
trip counts are exceeded,
the project sponsor shall
meet with the City to
reevaluate the lan and
49
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEAIBER 2013 �11TICATION k10NITORING AND REPORTING PROGRA�I
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
implement new TDM
measures to meet the
required trip counts.These
TDM measures shall be
implemented by the project
sponsor within 60 days of
being notified by the City
that the peak hour trip
counts continue to be
exceeded.
(6)The project sponsor shall
pay annual monitoring
costs of Mitigation Measure
TRANS-9b, including the
cost to conduct monitoring
and City staff time to
review the annual
monitoring reports.
(7)The project sponsor shall
pay all fees associated with
exceedances of the AM and
PM peak hour vehicle trip
counts.
TRANS-10:At intersection#40 The project sponsor shall The Public Works Department Prior to entering Date:
Stevens Creek Boulevard/Lawrence diligently pursue Mitigation shall review plans for into a street
Expressway(east) the project sponsor Measure TRANS-10, construction of the mitigation improvement Signature:
shall construct a northbound left-turn including seeking approval measure,and facilitate agreement with the
lane(for a total of two exclusive left- from the City of Santa Clara, discussions with VTA and the City of Cupertino,
turn lanes,one shared left- and,if a roved,shall Ci of Santa Clara in order to the ro'ect s onsor
50
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEh16ER 2013 MITICATION MONITORING AND REPORTING PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
turn/through lane, and shared implement Mitigation implement this measure. shall have plans
through/right-turn lane)from Measure TRANS-10.The approved by the
northbound Lawrence�xpressway to project sponsor shall City of Santa Clara
westbound Stevens Creelc Boulevard. provide detailed and provide a
This mitigation would improve construction plans and s11a11 financial guarantee
intersection operations to LOS D(49.7 construct the mitigation for the mitigation
seconds).This improvement is measure, or shall provide measure.In the
physically feasible;however,it would funding to the City of Santa event that the
require the construction of a retaining Clara (up to a maximum of project sponsor can
wall and modifications to the $1,276,601)to design and demonstrate to the
eastbound approach to accommodate construct either(1) the satisfaction of the
the additional left-turn lane. identified mitigation Public Works
measure or;(2)an alternate Department that,
This intersection is a CMP intersection improvement which would despite their best
located within the City of Santa Clara. mitigate the impact to the efforts, the City of
The project sponsor would be satisfaction of the City of Santa Clara will not
required to coordinate with VTA,City Cupertino's Public Works approve the
of Santa Clara, and other responsible Department, identified mitigation
agencies to construct the identified measure, then the
physical iinprovement at the Stevens project sponsor shall
Creek Boulevard/Lawrence provide the
Expressway Ramps (east) maximum funding
intersection.Since this intersection is to the City of
outside of the City of Cupertino's Cupertino to be held
jurisdiction,the City cannot guarantee in escrow until an
that the improvement would be alternate
constructed.For this reason the improvement
impact would remain significant and satisfactory to the
unavoidable. Cit of Cu ertino's
51
LSA ASSOCIATES, INC. APPLE CAhiPUS 2 PROJECT EIR
SEPTEMDER 201� � MITICATION MONITORING AND REPORTINC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
Public Works
Department is
approved,subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the projecf is
approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-11:At intersection#41 The project sponsor shall The Public Works Department Prior to entering Date:
Lawrence Expressway/I-280 diligently pursue Mitigation shall review"plans for the into a street
Southbound Ramps,the project Measure TRANS-1, mitigation measure and improvement Signature:
sponsor shall construct an exclusive including seeking approval facilitate discussions with agreement with the
eastbound through lane(for a total of from the County of Santa Caltrans,VTA,and the City of Cupertino,
one shared left-turn/through lane, one Clara,and,if approved, County of Santa Clara in order the project sponsor
through lane,and one right-turn shall implement Mitigation to implement this measure. shall have plans
lane),which would improve Measure TRANS-1.The approved by the
intersection operations to acceptable project sponsor shall In addition,the City shall County of Santa
LOS E+(56.9 seconds).The mitigation provide detailed verify that all provisions of Clara and provide a
measure would require the construction plans and shall the Streambed Alteration financial guarantee
construction of a new retaining wall construct the mitigation Agreement are met prior to for the mitigation
along I-280,since Calvert Road would measure,or shall provide and during construction of ineasure.In the
need to be curved to ro erl ali n fundin to the Coun of the im rovement. event that the
52
LSA ASSOCIATFS, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEhIDER 2017 MITICATION MONITORINC AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
with two receiving lanes at the on- Santa Clara (up to a project sponsor can
ramp.There is existing right-of-way maximum of$2,923,074)to demonstrate to the
to accommodate this mitigation design and construct either satisfaction of the
measure. (1)the identified mitigation Public Works
However,the measure would require measure or; (2) an alternate Department that,
widening the existing bridge that improvement which would despite their best
crosses the creek running parallel to mitigate the impact to the efforts, the County
the west side of Lawrence satisfaction of the City of of Santa Clara will
Expressway.The widening would Cupertino's Public Works not approve the
cause secondary impacts to the creek. Department. identified mitigation
Potential secondary impacts to the The project sponsor shall measure, then the
creek associated with widening the seek a Streambed Alteration project sponsor shall
existing bridge as a traffic mitigation Agreement from the provide the
measure are addressed in Section California Department of maximum funding
V.D,Biological Resources. Fish and Wildlife(CDFW) to the City of
and any other applicable Cupertino to be held
This intersection is a CMP intersection regulatory permits for creek in escrow until an
on a County expressway and portions intrusion and shall comply alternate
are likely within Caltrans right-of- with all conditions identified improvement
way.The project sponsor would be in the Streambed Alteration satisfactory to the
required to coordinate with VTA, the Agreement or other City of Cupertino's
County of Santa Clara,and other regulatory permit. Public Works
responsible agencies to construct the Department is
identified physical improvement at approved, subject to
the Lawrence Expressway/I-280 the requirements of
Ramps intersection.Since this Government Code
intersection is outside of the City of Section 66001(d).
Cupertino's jurisdiction, the City The funds will be
cannot uarantee that it would be released to the
53
LSA ASSOCIATES, INC. APPLE CA�IPUS 2 PROJECT EIR
SEPTEMBER 2013 MITICATION MONITORINC AND REPORTING PROCRAW
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Cornpleted/
Signature
constructed.For this reason the responsible agency
impact would remain significant and once the project is
unavoidable. approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-12:At intersection#5 De See Mitigation Measure See Mitigation Measure See Mitigation Date:
Anza Boulevard/Homestead Road TRANS-4. TRANS-4. Measure'TP�ANS-4.
intersection,the project sponsor shall Signature:
implement Mitigation Measure
TRANS-4(add exclusive southbound
right-turn lane),which would
improve intersection operations to
LOS E+(58.9 seconds). Though LOS
E+is not considered acceptable at the
�5 De Anza Boulevard/Homestead
Road intersection,the LOS would
improve to better operating
conditions than under the Cumulative
No Project scenario and the impact
would be considered less than
si ificant.
TRAN-13a:Not a feasible measure. See Ivlitigation Measure See Mitigation Measure See Mitigation Date:
TRANS-9b. TRANS-9b. Measure TRANS-9b.
TRANS-13b:The project sponsor shall Signature:
expand the TDM program to reduce The project sponsor shall The Public Works The funding for
the severity of the impact.Increasing provide$50,000 towards the Department shall develop implementation of
the TDM artici ation and associated im lementation of lans im lementin an TRANS-13c shall be
54
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 h11TICATION MONITORINC AND REPORTING PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
alternative mode share from 28 Mitigation Measure adaptive traffic signal system provided prior to
percent to 34 percent would improve TRANS-13c. The funding along De Anza Boulevard, entering into a street
operations to LOS E (62.1 seconds); shall be provided to the shall collect$50,000 from the improvement
however the increase in TDM City of Cupertino. project sponsor, and sI1a11 agreement.
participation would not reduce the implement the improvement.
impact to a less-than-significant level.
TRANS-13c:The project sponsor shall
provide a$50,000 fair-share
contribution towards the
implementation of a traffic-adaptive
traffic signal systein along De Anza
Boulevard between Homestead Road
and Rainbow Drive. Implementation
of an adaptive traffic signal system
would iinprove intersection
operations, however it would not
reduce the impact to a less-than-
si nificant level.
TRANS-14:At intersection##21 Wolfe See Mitigation Measure See Mitigation Measure See Mitigation Date:
Road/I-280 Northbound Ramps, the TRANS-1. TRANS-1. Measure TRANS-1.
project sponsor shall impleinent Signature:
Mitigation Measure TRANS-1
(provide dual left-and right-turn
lanes),which would improve
intersection operations to acceptable
LOS B (18.1 seconds).
TRANS-15:The project sponsor shall The project sponsor shall The Public Works Department Prior to entering Date:
contribute a ro rata share to modif a a ro rata share to shall develo lans er the into a street
55
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 MITICATION MONITORING AND REPORTING PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
the traffic signal operations to provide implement the mitigation mitigation measure,determine improvement Signature:
an overlap phase for the westbound measure,pursuant to the the pro rata share to modify agreement.
right-turn movement,which would requirements of the City of the traffic signal operations,
provide for a green right-turn arrow Cupertino. collect pro rata funding from
while the southbound left-turn the project sponsor,and shall
movement has its green time. implement the mitigation
Southbound U-turns shall also be measure.
prohibited.To accommodate the
overlap phase the geometries at the
westbound approach would be
modified to provide one left-turn
lane,one shared left-turn/through
lane,and two right-turn lanes.
Providing a westbound overlap phase
could have secondary impacts,since
southbound vehicles wanting to
travel northbound would have to
travel to the Stevens Creek
Boulevard/Wolfe Road intersection to
access northbound Wolfe Road.Field
observations were conducted to
determine the existing percentage oE
vehicles making U-turns at the
intersections.The field data was used
to estimate the impact of diverting U-
turns from Vallco Parkway to Stevens
Creek Boulevard.The LOS results
show that both the Wolfe Road/Vallco
Parkwa (42.4 seconds and LOS D)
56
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMQER 2013 MITICATION MOIVITORINC AIVD REPORTING PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
and Stevens Creelc Boulevard/Wolfe
Road intersections (49.9 seconds and
LOS D)would operate acceptably
with the proposed southbound U-
turn restrictions at the Wolfe
Road/Vallco Parkway intersection.
'I'he project iinpact would be reduced
to a less-than-si nificant level.
TRANS-16:At intersection#27 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Homestead Road, the project TRANS-6. TRANS-6. Measure TRANS-6.
sponsor shall impleinent Mitigation Signature:
Measure TRANS-6(add exclusive
eastbound right-turn lane),which
would improve intersection
operations to acceptable LOS D- (52.6
seconds).
TRANS-17:At intersection#31 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Vallco Parkway, the project TRANS-2. TRANS-2. Measure TRANS-2.
sponsor shall impleinent Mitigation Signature:
Measure TRANS-2(add exclusive
northbound through lane),which
would improve intersection
o erations to LOS C(28.7 seconds).
TRANS-18:At intersection#32 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Stevens Creek Boulevard, the TRANS-8. TRANS-8. Measure TRANS-8.
project sponsor shall impleinent Signature:
Mitigation Measure TRANS-8(add
exclusive southbound right-turn
lane), which would im rove
57
LSA ASSOCIATES, INC. APPLE CA�iPUS 2 PROJECT EIR
$EP'PEMDER 20I7 MITICATION MONITORINC AND REPORTING PROGRA111
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
intersection operations to LOS D(49.4
seconds).
TRANS-19a:The project sponsor shall The project sponsor shall See Mitigation Measure See Mitigation Date:
implement Mitigation Measure diligently pursue Mitigation TRANS-9a. Measure TRANS-9a.
TRANS-9a(add free eastbound right- Measure TRANS-19a, Signature:
turn lane),which would improve including seeking approval
intersection operations to LOS D(41.5 from the City of Santa
seconds). Clara, and, if approved,
shall implement Mitigation
TRANS-19b:The project sponsor shall Measure TRANS-19a.See
expand the TDM program to reduce Mitigation Measure
the severity of the impact(Mitigation TRANS-9a.
Measure TRANS-9a).Increasing the
TDM participation and associated
alternative mode share from 28
percent to 34 percent would improve
operations to LOS F(145.8 seconds)
without implementation of Mitigation
Measure TRANS-9a;however the
increase in TDM participation would
not reduce the impact to a less-than-
si ificant level.
ss
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 20l} MITICAT►ON MONITORINC AND REPORTIIVC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
TRANS-20:For intersection#40 See Mitigation Measure See Mitigation Measure See Mitigation Date:
Stevens Creek Boulevard/Lawrence TRANS-10. TRANS-10. Measure TRANS-10.
Expressway Ramps (east), the project Signature:
sponsor shall implement Mitigation
Measure TRANS-10(add exclusive
northbound left-turn lane),which
would improve intersection
operations to LOS D-(52.3 seconds).
Since this intersection is outside of the
City of Cupertino's jurisdiction, the
City cannot guarantee that the
improvement would be constructed.
ror this reason the impact would
remain si nificant and unavoidable.
TRANS-21:For intersection#41 See Mitigation Measure See Mitigation Measure See Mitigation Date:
Lawrence Expressway/I-280 Ramps, TRANS-11. TRANS-11. Measure TRANS-11.
the project sponsor shall implement Signature:
Mitigation Measure TRANS-11 (add
exclusive eastbound through lane),
which would improve intersection
operations to acceptable LOS E+(58.3
seconds).Since this intersection is
outside of the City of Cupertino's
jurisdiction, the impact would remain
si nificant and unavoidable.
TRANS-22:The project sponsor shall The project sponsor shall The Public Works Prior to the entering Date:
pay a$1,292,215 fair share diligently pursue Mitigation Department shall ensure the into a street
contribution towards planned Measure TRANS-22, fair share payment is improvement Signature:
trans ortation ro'ects that would includin seekin a roval submitted to VTA and shall a reement with the
59
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMQER 2013 M1IITIGATION 1110NITORING AND REPORTING PROCRADI
Responsible Party/ Date
Mitigation Measure Implementing Procedure MoniEoring Action Timing Completed/
Signature
improve traffic operations of the from VTA,and,if work with VTA to implement City of Cupertino.
impacted freeway segments and approved,shall implement the transportation
provide added transportation Mitigation Measure improvements identified in
capacity on parallel facilities:(1)SR 85 TRANS-22.The project Mitigation Measure TRANS-
Express Lane project(converting the sponsor shall pay$1,292,215 22.
existing HOV lane to a toll lane to �to VTA towards planned
allow single occupant vehicles to transportation projects.
drive in the HOV lane for a fee)
between Mountain View and San
Jose;(2)eliminating the existing
bottleneck on southbound I-280
between El Monte Road and
Magdelena Avenue;and(3)either the
Bus Rapid Transit(BRT)stations
proposed within Cupertino,or an
alternative improvement or study
towards the improvement of the
impacted I-280 corridor or a parallel
corridor that would provide capacity.
The fair share contribution amount
was calculated in consultation with
VTA staff based on the project's
contribution to project growth on the
impacted freeway segment.
It is unlikely that the Express Lane,
BRT or alternative project would be
implemented prior to project
com letion and that these im rove-
�'SI:
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 1013 MITIGATION MO[VITORINC AND REPORTINC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
ments would reduce the impact to a
less-than-significant level.In addition,
the City has no control over the
implementation of these mitigation
measures;therefore the impact to the
freeway segments would remain
si nificant and unavoidable.
TRANS-23(Alternate):The project The project sponsor shall The Public Works Upon issuance of the Date:
sponsor may be permitted to submit detailed Department shall review and first certificate of
construct three left-turn exit lanes construction plans for three approve plans for the three occupancy and Signature:
from the project site to Wolfe Road if left-turn exit lanes that left-turn exit lanes and ongoing until the 9
all of the following measures are include the following associated educational months following
implemented: elements: materials. full occupancy of the
• Clear signage, including but not (1) Location of signage, Main Building.
liinited to overhead signs, shall be striping and pavement In addition, the Public Works
installed to indicate the legends that indicate the Department shall review the
destination of each of the three exit destination of each exit monthly monitoring reports,
lanes in order to discourage unsafe lane. and after each monitoring
lane changes. (2)Lane markings report, determine whether
• Each lane on Wolfe Road,between indicating that lane changes the three left-turn exit lanes
the driveway and Pruneridge are not permitted. operate acceptably.If the
Avenue,shall be clearly marked (3)Location(s)of closed lanes are not determined to
by painted stripes, directional circuit video cameras to operate acceptably,the Public
arrows and destination legends to record operations at the Works Department shall
indicate the destination of each intersection. require Apple to prepare
lane and to indicate by double plans for and implement a
lines or other appropriate The project sponsor shall reduction to two left-turn exit
markings that changing lanes is a also develop educational lanes.
violation of law. materials explaining the
61
LSA ASSOCIATES, INC. APPLE CAh1PUS 2.PROJECT EIR
SEPTEMRER 2013 �11TiCAT10N MONITORING AND REPORTINC PROCRAD7
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Signature
■ The project sponsor shall fund the proper use of the driveway The Public Works
following measures for a trial exit lanes without weaving Department shall determine
period of nine months from among lanes. the penalty amount and send
issuance of the first certificate of In addition, from issuance an invoice to Apple to collect
occupancy and continuing until of the first certificate of the penalty amount.
nine months after full occupancy occupancy extending to a 9-
of the Main Building,and shall month trial period after full
install closed-circuit video cameras occupancy of the Main
linked to the City's Traffic Building, the City,at project
Operations Center to continuously sponsor's cost,shall retain
record vehicle movemenfs at the independent personnel to
project driveway and along periodically(once a week,
southbound Wolfe Road. Trained for the duration of at least
personnel,who are independent �o AM and one two-hour
from the project sponsor,shall PM peak periods)review
periodically review the video video footage at the
footage at the direction of the City, intersection and N.Wolfe
and provide a report at the end of Road and prepare a
each month to the Public Works monthly report
Department. This report shall documenting unsafe or
document any unsafe or illegal illegal lane changes
lane changes(violations)observed, observed,accidents caused
noting accidents caused by unsafe by unsafe lane changes,
lane changes and noting whether, whether the observed
in the professional judgment of the behavior constitutes a
independent observer,the safety problem that should
observed violations constitute a be addressed and, if sq
safety problem that should be recommending measures to
addressed and, if so, address them.
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LSA ASSOCIATES, INC.
APPLC CAMPOS 2 PNOJECT EIR
SEPTE11taER 101J MITIGATION MONITORINC AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
recommending measures to A penalty of$500 per
address them. observed violation shall be
■ If, at any tiine following the nine- charged.This penalty
month trial period implementation amount shall be
of the measures listed above do extrapolated for the daily
not substantially prevent activity during the 2-hour
violations, in the professional peak period,if video is not
opinion of the independent reviewed daily.
observer and the City, the City
shall determine whether
additional measures are required,
or whether the number of lanes
must be reduced to two exit lanes.
If the number of lanes is reduced
to two,monitoring shall be
discontinued.
• A penalty of$500 per violation
during the PM 2-hour peak period
per day shall be paid by the
project sponsor to the City.The
number of violations shall be
determined by the independent
observer based upon review of the
video footage and extrapolated to
account for daily activity during
the PM 2-hour peak period should
daily video footage not be
reviewed.
■ The ro'ect s onsor shall develo
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LSA ASSOCIATES, INC. �PPLE CAAIPUS 2 PROJECT E[R
SEPTEMBER 2013 k11TIGATION MONITORINC aND REPORTING PROCRAM
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Signature
employee education materials,to
the satisfaction of the City
explaining the proper use of the
driveway exit lanes without
weavin amon lanes.
TRANS-24:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
provide a dedicated south-bound provide detailed Department shall review and into a street
right-turn lane at the Tantau construction plans and shall approve plans for the improvement Signature:
Avenue/Vallco Parkway intersection. construct the mitigation mitigation measure. agreement,
measure,or shall provide including bonds or
adequate funding for other surety to
design and construction of guarantee the
the mitigation measure. mitigation measure,
the project sponsor
� shall have plans
approved by tlie
Cit
TRANS-25:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
widen the northbound I-280 off-ramp diligently pursue Mitigation Department shall review into a street
at Wolfe Road to accommodate two Measure TRANS-25, plans for the mitigation improvement Signah.ire:
lanes.The project sponsor would including seeking approval measure and facilitate agreement with the
need to work with City staff,VTA, from Caltrans, and, if discussions with Caltrans and City of Cupertino,
and Caltrans to plan,design and approved,shall implement VTA in order to implement the project sponsor
construct the widening with all Mitigation Measure this measure. shall have plans
funding provided by the project TRANS-25.The project approved by t]Ze
sponsor.The off-ramp is under sponsor shall provide City which includes
Caltrans jurisdiction.Therefore,the detailed construction plans bonds or other
City of Cupertino cannot ensure the and shall construct the surety to guarantee
im lementation of the ro osed miti ation measure,or shall the miti ation
.�
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEAIBER 2013 MITIGATION MONITORING AND REPORTING PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
mitigation measure;thus the iinpact is provide adequate funding measure.In the
considered significant and to design and construct event that the
unavoidable. either(1) the identified project sponsor can
mitigation measure or; (2) demonstrate to the
an alternate improvement satisfaction of the
which would mitigate the Public Works
impact to the satisfaction of Department that,
the City of Cupertino's despite their best
Public Works Department. efforts,Caltrans will
not approve the
identified mitigation
measure, then the
project sponsor shall
provide the
maximum funding
to the City of
Cupertino to be held
in escrow until an
alternate
improveinent
satisfactory to the
City of Cupertino's
Public Works
Department is
approved, subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
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LSA ASSOCIATES, INC. aPPLE CAMPUS 2 PROJECT EIR
SEPTEMDER 1013 MITICATION A10N17'ORINC AND REPORTING PROGRAAI
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
released to the
responsible agency
once the project is
approved�nd
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRAI�iS-26:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
widen the southbound I-280 off-ramp diligently pursue Mitigation Department shall review into a street
at Wolfe Road to accommodate two Measure TRANS-26, plans for the mitigation improvement Signature:
lanes.The project sponsor would including seeking approval measure and facilitate agreement,
need to work with City staff,VTA, from Caltrans,and,if discussions with Caltrans and including bonds or
and Caltrans to plan,design,and approved,shall implement VTA in order to implement other surety to
construct the widening with all Mitigation Measure this measure. guarantee the
funding provided by the project TRANS-26.The project mitigation measure,
sponsor.Widening of the freeway off- sponsor shall provide the project sponsor
ramp to accommodate a second off- detailed construction plans shall have plans
ramp lane and shoulder would likely and shall construct the approved by the
require the removal of existing mitigation measure,or shall City.In the event
landscaping in front of the soundwall. provide adequate funding that the project
'The feasibility of this mitigation to design and construct sponsor can
measure cannot be assured and the either(1) the identified demonstrate to the
off-ramp is under Caltrans mitigation measure or;(2) satisfaction of the
jurisdiction.Therefore,the City of an alternate improvement Public Works
Cupertino cannot ensure the which would mitigate the Department that,
implementation of the proposed impact to the satisfaction of despite their best
mitigation measure and the impact is the City of Cupertino's efforts,Caltrans will
considered si ificant and Public Works De artment. not a rove the
••
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 201J h11TIGATION MONITORINC AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
unavoidable. identified mitigation
measure, then the
project sponsor shall
provide the
maximum funding
to the City of
Cupertino to be held
in escrow until an
alternate
improvement
satisfactory to the
City of Cupertino's
Public Works
Department is
approved,subject to
• the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed, with
any excess funds
returned to the
ro'ect s onsor.
TRANS-27(Second Alternate):The The project sponsor shall The Public Works Prior to entering Date:
southernmost drivewa to Cu ertino im lement the safet De artment shall review and into a street
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LSA ASSOCIATES, INC. APPLE CAk1PUS 2 PROJECT EIR
SEPTEA16ER 2013 MITIGATION MONIT021NG AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
Village shall be retained as a right- features,such as added verify that the street improvement Signature:
turn in and out driveway with the traffic signal heads and improvement plans reflect the agreement,
implementation of adequate safety signage to prollibit right mitigation measure adopted. including bonds or
features approved by the Director of turns out of the driveway other surety to
Public Works.These safety features, for vehicles and implement guarantee the
such as added traffic signal heads and safety features to mitigation measure,
signage,shall prohibit vehicles accommodate pedestrians the project sponsor
turning right out of the driveway as described in the shall have plans
when southbound Wolfe Road traffic mitigation measure. approved Uy the
has a red signal indication at the City.
intersection of Wolfe Road and the
project driveway.The safety features
shall also accommodate pedestrians
crossin Wolfe Road.
TRANS-28:To lessen the impact the The project sponsor shall The Public Works Prior to entering Date:
project sponsor shall install a "Yield submit detailed plans for Department shall review and into a street
to Peds" sign that is activated by a the mitigation measure and approve detailed plans for improvement Signature:
pedestrian push button.Additionally, construct the mitigation the mitigation measure. agreement,
the project shall install a high measure. including bonds or
visibility crosswalk(i.e.,with ladder other surety to
striping)at the east leg of the Wolfe guarantee the
Road/Project Access intersection to mitigation measure,
help make the crosswalk more the project sponsor
prominent.These treatments would shall have plans
lessen the impact,but would not approved by the
mitigate the impact to a less-than- City.
significant level as pedestrian access
would still be im eded.
TRANS-29:To enhance the edestrian The ro'ect s onsor shall The Public Works Prior to enterin Date:
•.
LSA ASSOCIATES, INC. pPPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITICATION MONITORINC AIVD REPORT(NC PROCRAM
Responsible Party/
Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
environment and lessen the diligently pursue Mitigation Department shall review into a street
pedestrian impact at the six I-280 Measure TRANS-29, plans for the mitigation improvement Signature:
ramps with Wolfe Road, the project including seeking approval measure.and facilitate agreement,
sponsor shall provide enllanced from Caltrans, and, if discussions with Caltrans in including bonds or
crosswalks at all ramp crosswall<s. approved, shall implement order to implement this other surety to
Additionally, for the I-280 Mitigation Measure TRANS- measure. guarantee the
southbound loop on-ramp, the project 29.The project sponsor shall mitigation measure,
sponsor shall design, construct, and provide detailed the project sponsor
fund the following to improve the construction plans and shall shall have plans
sight distance to an industry standard construct the mitigation approved by the
of 250 feet for a 35 mph roadway measure, or shall provide City.In the event
include: funding to Caltrans that the project
■ Replacing existing fence on adequate to design and sponsor can
overcrossing with one that has construct either(1) the demonstrate to the
better transparency; identified mitigation satisfaction of the
• Trimming and maintaining measure or;(2)an alternate Public Works
vegetation on northwest corner of improvement which would Department that,
the Wolfe Road/I-280 southbound mitigate the impact to the despite their best
loop on-ramp; satisfaction of the Public efforts, Caltrans will
Redesigning the ramp to move the Works Department. not approve the
■ identified mitigation
crosswalk further north;and
measure, then the
• Adding a pavement legend to project sponsor shall
indicate pedestrian crossing. provide the �
The treatments would lessen the maximum funding
impact,but would not mitigate the to the City of
impact to a less-than-significant level, Cupertino to be held
as t11e increased vehicular volumes in escrow until an
would still exist.rurther, the alternate
feasibilit of this miti ation measure
•'
LSA ASSOCIATES, INC. APPLE CAkIPUS 2 PROJECT EIR
SEPTEMBER 201J MITICATION MONITORING AND REPORTING PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
cannot be assured as the on-ramp is improvement
under Caltrans jurisdiction. satisfactory to the
Therefore,the City oE Cupertino City of Cupertino's
cannot ensure the implementation of Public Works
the mitigation measure. Department is
approved, subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess fi.inds
returned to the
ro'ect s onsor.
TRANS-30:The project sponsor shall The project sponsor shall Tl1e Public Works Prior to entering Date:
upgrade transit stops along Wolfe submit detailed plans Department shall review into a street
Road between Stevens Creek prepared in accordance plans to implement this improvement Signature:
Boulevard and Homestead Road, on with the requirements of mitigation measure and agreement,
Vallco Parkway between Wolfe Road VTA and the City of facilitate discussions witl� including bonds or
and Tantau Avenue,and on Tantau Cupertino for the VTA in order to implement other surety to
Avenue between Stevens Creek development of transit this measure. guarantee the
Boulevard and Homestead Road. stops along Wolfe Road mitigation measure,
between Stevens Creek the project sponsor
Boulevard and Homestead shall have plans
Road,on Vallco Parkwa a roved U the
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LSA ASSOCIATES, INC.
APPLE CAMPUS 2 PROJECT EIR
SEPTEAIBER 2013 MITICATION MONITORINC ANU REPORTIdG PROCRAM
Responsible Party/ Date
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Monitoring Action
Signature
between Wolfe Road and City.
Tantau Avenue, and on
Tantau Avenue between
Stevens Creelc Boulevard
and Homestead Road.The
project sponsor shall
provide standard VTA
shelters as shown in the �
approved plans.If the
project sponsor opts to
provide enhanced-design
shelters with amenities,it
shall provide a plan subject
to the approval of the
Director of Public Works
and the VTA and shall fund
the maintenance of the
transit stops.At any time,
the project sponsor may
replace the shelters with
standard VTA shelters at
the sponsor's expense,
subject to the approval of
VTA.If shelters are
replaced with standard
VTA shelters, the sponsor
would not be required to
maintain them.
TRANS-31:Im lement Miti ation See Miti ation Measures See Miti ation Measures See Miti ation Date:
71
LSA ASSOCIATES, INC. APPLE CAh1PUS 2 PROJECT EIR
SEPTEMBER 2013 �11TIGATION A10NITORING AND REPORTING PROGRAM
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Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
Measures PLAN-2 and PLAN-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
multi-use paths and the pedestrian and PLAN-3. Signature:
improvements proposed as part of the
project would lessen the impact,but
would not mitigate the impact to a
less-than-significant level as the
elimination of existing pedestrian
facilities would still occur.
TRANS-32:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measure PLAN-2 and PLAN-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
multi-use paths and bicycle and PLAN-3. Signature:
improvements proposed as part of the
project would lessen the impact,but
would not mitigate the impact to a
less-than-significant level as the
elimination of existing bicycle
facilities would still occur.
TRANS-33:There are no feasible No No implementing/monitoring No Date:
mitigation measures to restore transit implementing/monitoring procedure required. implementing/monit
access to Route 81 for The Hamptons procedure required. oring procedure Signature:
residents, therefore the impact is required.
considered significant and
unavoidable.
72
LSA ASSOCIATES, INC.
APPLE CAMPUS Z PROJECT EIR
SEPTEMQER 2013 MITICATION MONITORING AND REPORTINC PROCRAM
Responsible Party/ Date
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Monitoring Action
Signature
TRANS-34:There are no mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
measures to reduce the impact to a TRANS-32. TRANS-32. Measure TRANS-32.
less-than-significant level. Signature:
Implementation of Mitigation
Measure TRANS-32 would lessen the
impact, Uut not to a less-than-
si nificant level.
TRANS-35:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
Measure TRANS-9b. TRANS-9b. TRANS-9b. Measure TRANS-9b.
Signature:
J. NOISE
NOI-1:The project sponsor shall The project sponsor shall The Community Prior to the issuance Date:
implement the following measures at ensure the following Development Department of grading,building,
the project site during all demolition measures are undertaken shall: or occupancy Signature:
and construction activities,subject to prior to the initiation of (1)Review the project permits and
the approval of the City: construction: construction plans and verify periodically during
■ The project sponsor shall ensure (1) Construct sound walls that the provisions listed in project construction
the construction of a 15-foot high along the project property Mitigation Measure NOI-1 activities.
temporary sound wall along the lines, as specified in are included.
project's property line adjacent to Mitigation Measure NOI-1. (2�Review and approve all
sensitive land uses. (2)Submit a construction construction truck routes.
o A temporary sound wall shall management plan for City (3)Maintain the name and
be constructed along the eastern review, which identifies contact information for the
project property line to block construction site layout noise disturbance coordinator
the line-of-sight from the single- (trailers, storage of on file throughout the
family residential land uses on materials, truck routes, and construction period,and
Howard Drive and Meadow pedestrian paths), ensure that the contact is
Avenue to project construction construction routes,and accessible to residents and
73
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 MITICATION MONITORING AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
areas on the east side of North noise reduction measures to local employees.
Tantau Avenue.This sound be implemented during all (4)Conduct periodic site
wall shall be set back from the demolition and construction inspections throughout the
property line as much as activities. construction period to ensure
feasible to still allow for project (3)Designate a noise that appropriate noise
construction activities to occur. disturbance coordinator to reduction measures are
o A temporary sound wall shall be receive and resolve noise implemented on the site.
constructed along the southern complaints throughout the
project property line to block the construction period,and
line-of-sight from The Hamptons provide the name and
to project construction areas in contact information to the
the southwest portion of the City.
project site.This sound wall shall
be set back from the property
line as much as feasible to still
allow for project construction
activities to occur.
o A temporary sound wall shall be
constructed along the northern
project property line to block the
line-of-sight from the single-
family residential properties
north of East Homestead Road to
project construction areas in the
northern portion of the project
site.This sound wall shall be set
back from the property line as
much as feasible to still allow for
ro'ect construction activities to
74
LSA ASSOCIATES, INC.
APPLE CAMPUS 1 PROJECT EIR
SEPTEM6ER 20IJ MITICATION MONITORINC AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
occur. .
• The project contractor shall
designate a construction liaison
that shall be responsible for
responding to any local com-
plaints about construction noise.
The liaison shall determine the
cause of the noise complaints(e.g.,
starting too early,bad muffler)and
institute reasonable measures to
correct the problem.A telephone
number for the liaison shall be
conspicuously posted at the
perimeter of the construction site
and provided to all adjacent
property owners prior to
commencement of construction.
o The project contractor shall
ensure that all construction
equipment has appropriate
high-quality noise muffling and
abatement devices,which
would be properly maintained
and used at all times such
equipment is in operation.
■ The project contractor shall, to the
extent feasible,place all stationary
construction equipment so that
emitted noise is directed awa
75
LSA ASSOCIATES, INC. APPLE CAti1PUS 2 PROJECT EIR
SEPTEMBER 2013 h11TICATION AIONITORINC AND REPORTING PROCRAht
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
from sensitive receptors nearest
the project site.
■ Exterior project noise-generating
construction activities(i.e.,
grading,construction and
demolition)shall be permitted
within 750 feet of any residentially
zoned property only between the
hours of 7:00 a.m.and 8:00 p.m.on
weekdays,and between the hours
of 9:00 a.m.and 6:00 p.m.on
weekends.No such work shall be
permitted on holidays(i.e.,New
Year s Day,Memorial Day,
Independence Day,Labor Day,
Thanksgiving Day,Christmas
Day), except as approved by the
Community Development
Director.A Noise Variance may be
obtained from the Noise Control
Officer for each occurrence of
specific temporary construction
activities.
o Construction activities,other
than street construction,shall be
prohibited on holidays,unless
they meet the City of
Cupertino's nighttime
maximum ermissible noise
76
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMRER 2013 MITICATION MONITORINC AND REPORTING PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
level standards.
NOI-2:The project sponsor shall T11e project sponsor shall The Public Works Prior to entering Date:
resurface the following roadway resurface the roadway Department shall verify that into a street
segments with RHMA-O or similar segments identified in the repaving has been improvement Signature:
quiet pavement: Mitigation Measure NOI-2 undertaken on the identified agreement,
■ East Homestead Road, from North with RHMA-O or similar roadway segments.The City including bonds or
Wolfe Road to North Tantau quiet pavement, or shall maintain this pavement. other surety to
Avenue;and reimburse the City for the guarantee the
• North Wolfe Road, from cost of doing so. mitigation measure,
Pruneridge Avenue to the I-280 the project sponsor
northbound ramps. shall have plans
approved by the
Cit
I�. GREENHOUS� GAS�MISSIONS AND SUSTAINABILITY
There are tto si ni 'carit Greenhouse Gas Entissions or Sustainabiliti im acts.
L. AIR QUALITY
AIR-1:Consistent with guidance froin The project sponsor The Community Prior to the issuance Date:
the BAAQMD, the following actions shall ensure that the air Development Department of grading,building,
shall be required in relevant pollution control measures shall verify that the air or occupancy Signature:
construction contracts and identified in Mitigation pollution control measures permits and
specifications for the project: Measure AIR-1 are identified in Mitigation periodically during
• All exposed surfaces (e.g.,parking incorporated into the Measure AIR-1 are project construction
areas,staging areas, soil piles, construction plans for the incorporated into project activities.
graded areas, and unpaved access project and implemented at construction plans.In
roads)shall be watered two times the project site. addition,the City shall
per day. conduct periodic site
• All haul trucks transporting soil, inspections throughout the
sand,or other loose material off- construction period to ensure
site shall be covered. that construction eriod air
7.7
LSA ASSOCIATES, INC. APPLE CAM1IPUS 2 PROJECT EIR
SEPTEAiBER 2013 �IITIGATION A10NITORINC AND REPORTING PROGRAA7
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
■ All visible mud or dirt tracked-out pollution control measures
onto adjacent public roads shall be are being implemented at the
removed using wet power vacuum project site.
street sweepers at least once per
day.The use of dry power
sweeping is prohibited.
■ All vehicle speeds on unpaved
roads shall be limited to 15 miles
per hour(mph).
■ All roadways,driveways,and
sidewalks to be paved shall be
completed as soon as possible.
Building pads shall be laid as soon
as possible after grading unless
seeding or soil binders are used.
■ Construction equipment idling
times shall be minimized either by
shutting equipment off when not
in use or reducing the maximum
idling time to 2 minutes(as
required by the California airborne
toxics control measure Title 13,
Section 2485 of California Code of
Regulations[CCR]).Clear signage
shall be provided for construction
workers at all access points.
■ All construction equipment shall
be maintained and properly tuned
in accordance with the
78
LSA ASSOCIATES, INC. pPPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER IOIJ MITICATION M1fONITORING AND REPORTINC PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
manufacturer's specifications.All
equipment shall be checl<ed by a
certified mechanic and determined
to be running in proper condition
prior to operation.
• The project applicant shall post a
publicly visible sign with the
telephone number and person to
contact at the City of Cupertino
regarding dust complaints.This
person shall respond to complaints
and take corrective action within
48 hours.The BAAQMD's phone
number shall also be visible to
ensure compliance with applicable
regulations.
■ All exposed surfaces shall be
watered at a frequency adequate
to maintain minimum soil �
moisture of 12 percent.Moisture
content can be verified by lab
sainples or a moisture probe.
■ All excavation, grading, and/or
demolition activities shall be
suspended when average wind
speeds exceed 20 mph.
■ Vegetative ground cover(e.g., fast-
germinating native grass seed)or
other lants that offer dust
79
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 MITICATION MONITORINC AND REPORTING PROGRAkI
Responsible Party/ Date
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Signature
mitigation measures shall be
planted in disturbed areas as soon
as possible and watered
appropriately until vegetation is
established.
■ The simultaneous occurrence of
excavation,grading,and ground-
disturbing construction activities
on the same area at any one time
s11a11 be limited.To the extent
feasible,activities shall be phased
to reduce the amount oE disturbed
surfaces at any one time.
■ All trucks and equipment,
including their tires,shall be
washed off prior to leaving the
site.
■ Sandbags or other erosion control
measures shall be installed to
prevent silt runoff to public
roadways from sites with a slope
greater than 1 percent.
■ Use low volatile organic
compound (i.e.,ROG)coatings
beyond the local requirements
(i.e.,Regulation 8,Rule 3:
Architectural Coatings).
■ To the maximum extent feasible,
all construction e ui ment, diesel
:1
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 201J MITICATION MONITORINC AND REPORTINC PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
trucl<s, and generators shall be
equipped with Best Available
Control Technology for emission
reductions of NOx and PM.
• To the maxiinum extent feasible,
all contractors shall use equipment
that meets ARB's most recent
certification standard for off-road
heavy duty diesel engines.
• Excluding the following
equipment, ensure that all diesel-
powered off-road equipment used
on-site meets U.S. EPA "Tier 2"
exhaust einission standards, and
that engines are equipped with
California ARB "Level 3 Verified
Diesel Emission Control
Strategies" (which include diesel
particulate filters)or are certified
to meet the U.S. EPA "Tier 4
Interim" standard for particulate
matter emissions. Equipment that
will meet U.S. EPA"Tier 2"
exhaust emission standards but
will not be equipped with
California "Level 3 Verified Diesel
Emission Control Strategy" shall
be limited to:
o Scra ers 623G
:
LSA ASSOCIATES, INC. APPLE CADIPUS 2 PROJECT EIR
SEPTEMBER 201J M1IITICATION DIONITORING ANU REPORTING PROGRADt
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
o Scrapers 633B
o Four of the six proposed
Scrapers 657G
■ Ensure that trucks used at the site
to haul material and/or soil are
model year 2007 or newer(or meet
equivalent U.S. EPA emission
standards).
Require all aerial and personnel
lifts less than 50 horsepower to be
fueled with natural gas or
ro ane.
AIR-2:Implement Mitigation Measure See Mitigation Measure See Mitigation Measure See Mitigation Date:
TRAIVS-9b(which requires Apple to TRANS-9b. TRANS-9b. Measure TRANS-9b.
expand its TDM Program and Signature:
increase the reduction in peak hour
tri s from 28 ercent to 34 ercent).
AIR-3:Implement Mitigation See Mitigation Measures See Mitigation Measures AIR- See Mitigation Date:
Measures AIR-1 and AIR-2. AIR-1 and AIR-2. 1 and AIR-2 Measures AIR-1 and
AIR-2 Si nature:
AIR-4:The project sponsor shall See Mitigation Measure See Mitigation Measure AIR- See Mitigation Date:
implement Mitigation Measure AIR-1 AIR-1.In addition,the 1. Measure AIR-1.
and the following additional measure: project sponsor shall design Signature:
■ To the maximum extent feasible, material staging roads such 'The Community Prior to the issuance
material staging roads shall be set that they are set back from Development Department of grading,building,
back from the curb by at least 65 the curb by at least 65 feet shall review the construction or permits.
feet. to the maximum extent plans for the project and
feasible. verify that material staging
roads are set back from the
82
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMISER 2013 MITICATION MONITORINC AND REPORTIfVG PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
curb by at least 65 feet,where
feasible, or another location
approved by the City
following a demonstration of
wh 65 feet is not feasible.
M. PUBLIC SERVICES AND UTILITIES
PSU-1:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
implement signal preemption signals install signal preemption Department shall verify that into a street
at the following intersections signals at the intersections signal preemption signals are improvement Signature:
(identified by the City and SCCFD as identified in Mitigation installed at the intersections agreement,
the ones most likely to be used by Measure PSU-1 or provide identified in Mitigation including bonds or
emergency vehicles accessing the payment to the City to Measure PSU-1. other surety to
project site).The signal preemption allow for the installation of guarantee the
signals would allow emergency such signals. mitigation measure,
vehicles to pass through approxi- the project sponsor
mately 30 seconds before arrival. shall have plans
■ North Blaney Avenue and East approved by the
Homestead Road City.
■ North Tantau Avenue and East
Homestead Road
■ North Tantau Avenue and
Pruneridge Avenue
-• North Tantau Avenue and Vallco
Parkway
■ North Tantau Avenue and Project
Entrance
• North Wolfe Road and Pruneridge
Avenue
■ North Wolfe Road and Pro'ect
:
LSA ASSOCIATES, INC. APPLE CADiPUS 2 PROJECT EIR
SEPTE111DER 2013 MITICATION MONITORING AND ItEPORTING PROGRA�7
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
SignaEure
Entrance
■ North Wolfe Road and East
Homestead Road
■ North Wolfe Road and I-280(two
interchanges)
■ North Wolfe Road and Vallco
Parkway
■ Stevens Creek Boulevard and
Perimeter Road
■ Stevens Creek Boulevard and
Finch Avenue
■ Stevens Creek Boulevard and
Tantau Avenue
■ Heron Avenue and�ast
Homestead Road
PSU-2:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. Measures PLAN-1
and PLAN-3. Si ature:
.,
EXHIBIT DP-2
CONDITIONS OF APPROVAL-AB 900 COMPLIANCE
APPLE CAMPUS 2 PROiECT
1. NO NET ADDITIONAL GREENHOUSE GAS EMISSIONS
For the AB 900 Compliance Conditions of Approval that ensure that the project meets the
no net additional greenhouse gas emissions standard, the Community Development
Director may allow deviations and alterations, provided that the applicant/property
owner establishes to the satisfaction of the Community Development Director that, based
on substantial evidence, the project continues to meet the no net additional greenhouse
gas emission standard.
2. LEED—SILVER OR EQUIVALENT
Pursuant to Chapter 16.58, Green Building Standards Code Adopted, of the Cupertino
Municipal Code, the project shall meet the requirements for Leadership in Energy and
Environmental Design (LEED) Silver certification or an equivalent, at a minimum, as
identified in the Ordinance. Apple shall develop a LEED Silver certification program plan
which shall be subject to review and approval by the Director of Community
Development prior to issuance of building permits. Prior to occupancy, the City will hire a
third-party independent consultant, at Apple's expense, to make a finding that Apple's
LEED program plan meets the requirements of LEED Silver and any then applicable
requirement of the Governor's Guidelines for Streamlining Judicial Review Under the
California Environmental Quality Act("Guidelines").
3. ENERGY
a. ENERGY EFFICIENCY
Apple shall reduce energy use through energy-efficient green building design of
lighting, heating, cooling and ventilation systems to reduce building system energy
use by at least 30 percent compared to typical commercial development. Energy-
efficient building systems, such as the following, shall be incorporated into the
project design: high-efficiency radiant conditioning systems, light-emitting diode
(LED) electric lighting, and natural ventilation. Apple shall submit an energy
efficiency plan for review and approval to the Director of Community Development
prior to issuance of the first building permit. Apple shall fund the cost of an
independent consultant selected by the City to review and report on the energy
efficiency plan so that the Director of Community Development may verify that the
building design will reduce building systems energy use by at least 30 percent
compared to typical commercial development.
b. RENEWABLE ENERGY
100 percent of the project's overall energy needs shall be provided by renewable
energy. Based on Apple's current proposal, Apple shall: (a) install at least 650,000
square feet of photovoltaics on building roofs and the parking garage canopy that
will have a capacity of at least 12 megawatts; (b) construct at least a 6-megawatt fuel
cell installation on-site that will be powered by 100-percent directed biogas; and (c)
AB 900 CONDITIONS
Page DP-2-2
obtain the remainder of the project's energy needs from the State of California Direct
Access Program, off-site Apple-owned renewable energy projects or grid-purchased
renewable energy. For the on-site energy production, the amount of renewable
energy may be scaled to the phase of development. Apple shall acquire grid-
purchased renewable energy from the following sources: (1) participation in
California's regulated Direct Access program; and (2) market purchase of renewable
energy credits that are Green-e Energy certified. The specific Energy Service
Providers and sources used to supply renewable energy for the project may be
determined closer to the time of project completion. Apple shall submit
specifications for the energy systems for review and approval to the Director of
Community Development prior to issuance of building permits. The Director of
Community Development may approve deviations in the design of the energy
systems from those specified above provided that the applicant/property owner
establishes to the satisfaction of the Community Development Director that, based
on substantial evidence, the project's overall energy needs are provided by
renewable energy. Apple shall submit an annual report to the Director of
Community Development by February 15th of each year documenting compliance
with this renewable energy condition for the prior calendar year, including total
energy use and total energy credits for the reporting period supported by
documentation from Direct Access and Green-e Energy certified sources sufficient to
allow the Director of Community Development to make the determination that 100
percent of the project's overall energy needs are being provided by renewable
energy. Due to the timing of the Green-e Energy certification process, which may
take up to six months after the end of the calendar year, the Green-e Energy
certification documentation may be provided in a supplemental filing to occur
within 30 days of completion of the Green-e Energy certification process. The annual
report shall indicate an approximate date of submittal for the Green-e Energy
certification documentation,which shall be no later than August lst of each year.
4. PARKING AND TRANSPORTATION
In order to reduce peak hour trips, Apple shall implement an enhanced Transportation
Demand Management(TDM) program as required by Mitigation Measure TRANS 9b and
the details of Mitigation Measure TRANS-9b set forth in the TDM Program Expansion on
pages 441-447 and Figure VI-11 of the Draft EIR, all of which are incorporated into these
Conditions of Approval (see Condition 3 - MITIGATION MONITORING AND
REPORTING PROGRAM in Development Permit(DP-2011-04)Resolution).
5. CONSTRUCTION
a. DIRECT ACCESS
For each year during the construction period, Apple shall demonstrate to the
Community Development Director that it has fully offset the project construction
emissions by participation in California's Direct Access program for supplying
renewable power to Apple-owned buildings located in the City.
2
AB 900 CONDITIONS
Page DP-2-3
b. PHASE 1 PROJECT GHG EMISSIONS
Mitigation of all Phase 1 project GHG emissions from construction shall occur
contemporaneously with construction of the project.
6. ENVIRONMENTAL SUSTAINABILITY MEASURES
The project shall install 300 electric vehicle charging stations on the project site. The
parking lot shall also be configured to allow for up to 1,000 electric vehicle charging
stations to be installed.
7. WATER SUPPLY
The project shall reduce water use by 30 percent compared to typical commercial
development through use of low-flow fixtures and drought-tolerant landscaping. Apple
shall submit a water supply plan for review and approval by the Director of Community
Development prior to building permit issuance.
8. WASTE MANAGEMENT
a. OPERATIONAL WASTE DIVERSION RATE
The project shall achieve and maintain a diversion rate of at least 50 percent.
b. CONSTRUCTION AND DEMOLITION WASTE DIVERSION RATE
A minimum of 75 percent of construction and demolition waste shall be diverted
from landfills, to the satisfaction of the City.
9. BINDING AND ENFORCEABLE AGREEMENT
As required by Public Resources Code Section 21182(d), the April 12, 2012 agreement
between Apple, Inc., signed by SVP and Chief Financial Officer Peter Oppenheimer, and
the City of Cupertino, acknowledged and agreed to by Aarti Shrivastava, Community
Development Director, constitutes a binding and enforceable agreement by Apple that all
mitigation measures required pursuant to the California Environmental Quality Act to
certify the project under the Jobs and Economic Improvement Through Environmental
Leadership Act of 2011 shall be conditions of approval of the project, and shall be fully
enforceable by the City of Cupertino or its designees; and that all adopted mitigation
measures shall be monitored and enforced by the City of Cupertino on an ongoing basis
for the life of the obligation to perform, implement or comply with the mitigation
measures. As required by Public Resources Code Section 21183(e), the binding and
enforceable agreement further provides that Apple agrees to pay the costs of the Court of
Appeal in hearing and deciding any case, including payment of court costs for the
appointment of a special master if deemed appropriate by the court, in a form and manner
specified by the Judicial Council, as provided in the Rules of Court adopted by the Judicial
Council pursuant to subdivision (f) of Section 21185 of the Public Resources Code. As
required by Public Resources Code Section 21182(f), the binding and enforceable
agreement also provides that Apple agrees to pay the costs of preparing the
administrative record for the project concurrent with review and consideration of the
project pursuant to CEQA, in a form and manner specified by the City of Cupertino for
3
AB 900 CONDITIONS
Page DP-2-4
the project. Apple shall perform all obligations set forth in the April 12, 2012 binding and
enforceable agreement.
4
RESOLUTION NO. 13-085
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING
THE SUBDIVISION OF APPROXIMATELY 176.2 ACRES FROM 17 LOTS INTO FIVE LOTS,
LOCATED IN THE NORTH VALLCO AREA, APNS 316-06-033, 316-06-038, 316-06-039,
316-06-045, 316-06-046, 316-06-048, 316-06-049, 316-06-050, 316-06-051,316-06-052, 316-06-053,
316-07-044, 316-07-045, 316-07-046, 316-09-019, 316-09-027, 316-09-028, 316-18-025,
316-18-012, 316-18-026,316-18-027 AND 316-18-035
SECTION I: PROJECT DESCRIPTION&RECITALS
Application No.: TM-2011-03
Applicant: Apple Inc. (Dan Whisenhunt)
Property Owner: Apple Inc.
Location: 11000 North Wolfe Road
APNs: 316-06-033, 316-06-038, 316-06-039, 316-06-045, 316-06-046, 316-06-048, 316-06-
049, 316-06-050, 316-06-051, 316-06-052, 316-06-053, 316-07-044, 316-07-045,
316-07-046, 316-09-019, 316-09-027, 316-09-028, 316-18-025, 316-18-012, 316-18-
026, 316-18-027 and 316-18-035
Subject: Subdivision of 171ots into 51ots
WHEREAS, the City of Cupertino received an application for a Vesting Tentative Map as
described in Section I of this Resolution;and
WHEREAS, the Vesting Tentative Map is part of the Apple Campus 2 Project, which consists of
demolition of all existing structures within the project site and the construction of 3,420,00
square feet of office, research, and development uses; 245,000 square feet of auditorium, fitness
center, and Valet Parking Reception uses; 92,000 square feet of utility plants; and parking and
ancillary buildings (such as security reception areas and landscape maintenance buildings), of
which the proposed buildings are designed to be energy efficient and to use renewable energy
(including energy produce on site via photovoltaic infrastructure and fuel cells), all as fully
described and analyzed in the June 2013 Apple Campus 2 Project Environmental Impact Report
("Draft EIR") (State Clearinghouse No. 2011082055), as amended by text revisions in Chapter IV
of the September 2013 Apple Campus 2 Project EIR Response to Comments Document
("Response to Comments Document") (collectively, the"Final EIR" ); and
WHEREAS, the Final EIR was presented to the Planning Commission and City Council on
October 1, 2013 at a Joint Planning Commission and City Council Study Session and to the
Planning Commission on October 2, 2013 at a public hearing; and
WHEREAS, the Vesting Tentative Map is required to subdivide the property from seventeen
parcels to five parcels while retaining the vested right to develop the property subject to the
Resolution No.13-085 TM-2011-03 October 15,2013
Page-2
ordinances, policies and standards in effect at the time the vesting map is deemed complete,
also fully described and analyzed in the Final EIR; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino and the Subdivision Map Act, and the Planning
Commission held a public hearing on October 2, 2013 and the City Council held a public
hearing on October 15,2013 in regard to the application; and
WHEREAS, based on substantial evidence in the administrative record, on October 2, 2013, the
Planning Commission held a public hearing and voted 4-0-1 (1-recusal) to recoxnmend that the
City Council approve Findings Revision #1 (October 1, 2013) to adopt Mitigation Measure
TRANS-23 (Alternate), as amended, to delete the penalty provisions, to allow three left turn
lanes out of the project driveway on to N. Wolfe Road, a Resolution Recommending
Certification of an Environmental Impact Report(EIR), adoption of Findings and a Statement of
Overriding Considerations, adoption of Mitigation Measures, and adoption of a Mitigation
Monitoring and Reporting Program in substantially similar form to the Resolution, as amended
(Resolution no. 6727); Approve the General Plan Amendment, GPA-2011-03, in substantially
similar form to the Resolution presented (Resolution no. 6728); Approve the Zoning Map
Amendment, Z-2011-03, in substantially similar form to the Resolution presented (Resolution
no. 6729); Approve the Vesting Tentative Map, T'M-2011-03, in substantially similar form to the
Resolution presented(Resolution no. 6732) ;Approve the Development Permit,DP-2011-04,Use
Permit,U-2011-11,Architectural and Site Approval, ASA-2011-14 and Tree Removal Permit, TR-
2011-39, in substantially similar form to the Resolution presented (Resolution no. 6731); and
Approve the Development Agreement, DA-2011-01, in substantially similar form to the
Resolution presented (Resolution no. 6730); and
WHEREAS, Supplemental Text Revisions, Apple Campus 2 Project Final Environmental Impact
Report, which is part of the Final EIR, identifies a third alternative mitigation measure for
Impact TRANS-23, a third alternative mitigation measure for Impact TRANS-27, and discloses
recent amendments to Chapter 6.5 of Division 13 of the Public Resources Code; and
WHEREAS, after consideration of evidence contained in the entire administrative record, at the
public hearing on October 15, 2013, the City Council adopted Resolution No. 13-082 certifying
the EIR, adopting Findings and a Statement of Overriding Considerations, adopting Mitigation
Measures, and adopting of a Mitigation Monitoring and Reporting Program.
NOW,THEREFORE,BE IT RESOLVED:
This Resolution shall not become effective unless and until City and Apple have entered into
the Development Agreement, and City Council Ordinance No. 13-2114 approving the
Development Agreement and the City Council Ordinance No. 13-2113 approving the Rezoning
of an approximately 1.1 acre area from Park and Recreation (PR) to Planned Industrial Park
(P(MP)) located at APN 316 06 050 and 316 06 051 have become effective.
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted
in this matter, the City Council hereby approves Application no. TM-2011-03 based upon the
findings described in Section II of this resolution, the public hearing record and the Minutes of
Resolution No.13-085 TM-2011-03 October 15,2013
Page-3
Planning Commission Meeting of October 2, 2013 and the City Council Meeting of October 15,
2013, and subject to the conditions specified in Section III of this resolution.
SECTION II: FINDINGS
1. That the proposed subdivision map is consistent with the City of Cupertino General Plan.
The majority of the site is designated Industrial/Residential in the General Plan Land Use Map,
which allows, among other uses, research and development and supporting uses. The Zoning
designation for most of the site is Planned Development (Planned Industrial Park) (P(MP)), which
similarly allows, among other uses, research and development and supporting uses. The Planned
Development district allows the City flexibility to approve project specific development standards
different from the standards outlined in the Zoning regulations for the site. A small portion of the
project site is currently designated for use as a public park in both the General Plan and Zoning;
however, the concurrent General Plan Amendment and IZezoning of a portion of the site will ensure
that the project is in compliance with the General Pian and tl2e Zoning regulations governing the
project site. In 2005, tlle City approved the rezoning of 1.1-acre area of a proposed townhouse
development project as Park and Recreation to serve the future residents of the development and
residents living in the northern portion of the City. However, neither the townhouse development
projecf nor public park were developed, although the site of the proposed park (currently a parking
lot) remains designated as park space in the City of Cupertino General Plan and Zoning Ordinance.
The concurrent change to the General Plan and Zoning designation will make the land use and
zoning designation of this portion of the Project consistent with the balance of the Project and
enhance and accommodate t12e Project. With this zone change the subdivision will be in conformance
with the General Plan Land Use Map of the City of Cupertino, since the land use designation for the
project site will be uniform and the proposal furthers several policies stipulated in the General Plan
such as Policy 2-40 (maintaining the vitality of business and manufacturing) and Policy 2-20,
Strategy 3 (diversity of land use, major companies) and policies related to the provision of significant
revenues to tlie City from increased sales tax revenue (Policy 2-42.) Finally, tlTe project also proposes
to make improvements for the alternate Calabazas Creek trail furtllering Policy 2-73, Trails.
Tlzerefore, the proposed development substantially conforms to the General Plan and is substantially
consistent with tlze underlying Zoning. In addition tlTe project will merge existing lots into large lots
therefore; it will support General Plan Policy 2-44: Maintaining Cohesive Commercial Centers and
Office Parks.
2. That the design and improvements of the proposed subdivision are consistent with the
General Plan.
The subdivision design and improvements are in conformance with the General Plan. The provision
of separated sidewalks, implementing mitigation measures for traffic related impacts and tl2e
improvements proposed to improve the pedestrian and bicycle environmental are all consistent with
the General Plan. The Policy 2-44: Maintaining Cohesive Commercial Centers and Office Parks
states that "Cohesive commercial centers and office parks are necessary to maintain a healthy sales
tax base for tlze city and to retain opportunities for existing businesses to expand in response to
Resolution No.13-085 TM-2011-03 October 15,2013
Page-4
changing business trends." The same General Plan policy goes on to state "..... tlze office parks are
located at Vallco (North of Highway 280),....." The proposed project also proposes to make
improvements for tl2e alternate Calabazas Creek trail furthering Policy 2-73, Trails. The design and
improvements will be in conformance with the General Plan and numerous policies and provisions.
3. That the site is physically suitable for the type and intensity of development contemplated
under the approved subdivision.
The Project site as designed is physically suitable for this development. The Project is designed to not
be visible to adjacent property owners and thus, will have limited impacts upon the adjacent land
uses. The existing utilities to the Project will be enhanced, modified, replaced or parallel systems
constructed to accommodate the increased needs of this development. In addition, In order to reduce
its impact on the environment, the Project will utilize onsite photovoltaics and fuel cells and obtain
the remainder of its energy needs from the State of California Direct Access Program, off-site Apple-
owned renewable energy projects or grid-purchased renewable energy. The Project will be compatible
with the surrounding uses and minimize its impacts upon the neighborhood and the environment.
4. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and unavoidably injure fish and
wildlife or their habitat.
The Environmental Impact Report for the proposed project does not find any significant
environmental impacts to fish, wildlife and their habitat. Mitigation measures identified for biological
resources will be incorporated into the project and improvements related to it. There are certain
significant and unavoidable impacts identified in the EIR. However, the benefits to the community
from the construction of this project outweigh these impacts. As set out more fully in the Resolution
of the City Council of the City of Cupertino certifying an Environmental Impact Report for the Apple
Campus 2 project; and adopting the Findings and a Statement of Overriding Considerations,
Mitigation Measures, and a Mitigation Monitoring and Reporting Program, the project complies
with CEQA.
5. 'That the design of the subdivision or the type of improvements associated there with is not
likely to cause serious public health problems.
The proposed subdivision design or type of improvements associated there with are not likely to cause
serious public health problems, as relevant mitigation measures will be incorporated as part of the
CEQA review pa�ocess to mitigate potential impacts to a less than significant level. The Project is
designed to minimize the impact upon the surrounding community and the environment. In order to
reduce its impact on the environment, the Project will utilize onsite photovoltaics and fuel cells and
obtain the remainder of its energy needs from the State of California Direct Access Program, off-site
Apple-owned renewable energy p��ojects or grid-purchased renewable energy. The Project has been
designed to incorpo��ate passive heating and cooling in the main office building which will use
ambient air. This will reduce the use of inechanical cooling making for a more efficient and better
work environment. The project has been designed to minimize its impact upon the neighbors, adjacent
roads and freeways and the environment. Appropriate mitigation measures to address traffic impacts
Resolution No.13-085 TM-2011-03 October 15,2013
Page-5
along with the adoption of an aggressive but achievable Transportation Demand Management Plan
will further reduce the traffic impacts of the project. Adequate buffer has been provided around the
project to allow privacy and to reduce impacts to neighbors. The site has a Corporate Fitness Center
which would enable employees to attend to their general health and incorporates many jogging trails
and an on-site bike sharing program. The project also has a large on-site restaurant with several
smaller indoor and outdoor dining facilities.
The project increases the amount of landscaped green space to over 100 acres. The landscape design of
meadows, and woodlands will create an ecologically rich oak savanna reminiscent of the early Santa
Clara Valley. It will incorporate both young and mature trees, and native and drought tolerant
plants, that will thrive in Santa Clara County with minimal water consumption. In addition, the
project includes some orchard fruit trees, the fruit from which will be used at the on-site dining
facilities furthering sustainability principles that the project is striving for. The project proposes to
add at least 1,700 additional trees to the site and increase the pervious surface areas on site
significantly improving stormwater quality and reducing run-off. Site access has been designed to
consolidate entry and exit in order to reduce conflict with pedestrian and bicycle activity and is
directed away from the residential neighborhood. Adequate emergency access has been provided on
site. The design of the Project and its environmental attributes are not likely to cause serious public
health problems. All mitigation measures identified in the Final EIR have been adopted as Conditions
of approval to mitigate the environmental effects identified. As set out more fully in the Resolution of
the City Council of the City of Cupertino certifying An Environmental Impact Report for the Apple
Campus 2 project; and Adopting the Findings and a Statement of Overriding Considerations,
Mitigation Measures, and a Mitigation Monitoring and Reporting Program, the project complies
with CEQA.
6. That the design of the subdivision and its associated improvements will not conflict with
easements acquired by the public at large for access through or use of property within the
proposed subdivision.
The proposed subdivision design or type of improvements will not conflict with easements acquired
by the public at large for access through or use of property within tlie proposed subdivision; a portion
of the property will be dedicated to the City for street frontage improvements, and a private road is
proposed for access to the lots created by the proposed subdivision. The Project includes the vacation
of Pruneridge Avenue as it exists currently through the site will be vacated and terminate
approximately 650 feet east of the inter•section of N. Wolfe Road and Pruneridge Avenue and at t1Te
intersection of Pruneridge Avenue and N. Tantau Avenue on tlze west. This will change the
circulation patterns in the area. However to offset tlzis loss of Pruneridge Avenue, the pedestrian and
bicycle environment around the perimeter of the sife and beyond shall be improved to facilitate easier
pedestrian and bicycle circulation in the area. Traffic wlzich currently utilizes Pruneridge to enter tlie
yroject site will be directed to project entrances on N. Wolfe Road and N. Tantau Avenue wlTile
through traffic on Pruneridge will get diverted to alternative routes suclz as Homestead Road and
Vallco Parkway, both of w12ic1i will be enlzanced by improvements proposed with this project.
Resolution No.13-085 TM-2011-03 October 15,2013
Page-6
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT. AND THE PUBLIC WORKS DEPARTMENT
1. VESTING TENTATIVE MAP
The approval of the Vesting Tentative Map is based on, but not limited to, sheets P4.00
through P6.11 of the revised (redlined) Planned Development Permit plan set dated
September 2013. Approval is granted to subdivide the property from seventeen (17)
parcels into five (5) parcels as shown on pages P-5.00-P-5.04, except as may be amended
by the Conditions contained in this Resolution. T'he date of vesting for all items controlled
by the Vesting Tentative Map is the effective date of the Development Agreement.
2. NOTICE OF FEES DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
3. COVENANTS CONDITIONS AND RESTRICTIONS
The project CC&Rs shall be reviewed and approved by the City Attorney prior to
recordation with the final map. The CC&Rs shall incorporate requirements including but
not limited to:
a. Public access easements,
b. Reciprocal ingress/egress easements,
c. Reciprocal parking easements,
d. Restrictions on the Disposal of Property subject to Condition #18 in Resolution No.
6731 related to ASA-2011-14, DP-2011-04,TR-2011-39,U-2011-11 (EA-2011-12), and
e. The deed restrictions shall contain a provision that it may not be modified without
the prior express written approval of the Director of Community Development and
the City Attorney.
4. COMPLETION OF IMPROVEMENTS
Prior to entering into a street improvement agreement with the City of Cupertino, the
applicant shall have detailed plans of the improvements approved by the Director of
Public Works and shall provide a surety or guarantee covering the cost of all
improvements to be completed within the City of Cupertino's jurisdiction. The street
improvement agreement will specify the timeline for completion of the improvements. For
improvements to be completed on facilities which are not under the jurisdiction of the
City of Cupertino, the applicant shall, prior to entering into a street improvement
agreement with the City of Cupertino, either (1) have detailed plans of the improvements
Resolution No.13-085 TM-2011-03 October 15,2013
Page-7
approved by the agency under whose jurisdiction the facility resides, and provide a surety
or guarantee to that agency to cover the cost of the improvements; or (2) provide funding
to the agency under whose jurisdiction the facility resides, in an amount sufficient to fund
the design and construction of the improvements. The decision to pursue option (1) or (2)
above shall reside with the agency under whose jurisdiction the facility resides, in
consultation with the City of Cupertino. In the event that applicant can demonstrate to the
satisfaction of the Public Works Department that, despite their best efforts, sufficient
progress has not been made with the responsible agency, the funding shall be held in a
segregated account by the City or in escrow in lieu of the design and construction of the
mitigation measure. The funds will be released to the responsible agency once the project
is programmed and approved.
5. FEES
The project applicant shall enter into a Street Improvement Agreement with the City of
Cupertino providing for payment of fees, including but not limited to plan checking and
inspection fees, storm drain fees and fees for permits. Said agreement shall be executed
prior to issuance of construction permits and shall be subject to all applicable fees as
described in the terms of the Development Agreement. The fees described above are
imposed based upon the current fee schedule adopted by the City Council and are not in
lieu development impact fees or exactions which are subject to the terms of the
Development Agreement. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said change
or changes, the fees changed at that time will reflect the then current fee schedule,
provided that such modification is permitted by the terms of the Development
Agreement. The improvement agreement will also include the following bonds:
■ Faithful Performance Bond: 100%of Off-site and On-site Improvements
■ Labor&Material Bond: 100% of Off-site and On-site Improvement
■ On-site Grading Bond: 100%of site improvements.
6. APPLICABLE SECTIONS OF MITIGATION MEASURES AND MITIGATION
MONITORING AND REPORTING PROGRAM
The following Mitigation Measures identified in the Final Environmental Impact Report
(State Clearinghouse #2011082055) for the("Apple Campus 2 Project EIR") certified by the
Council on October 15, 2013 are hereby incorporated by reference and included as
conditions of approval of this Vesting Tentative Map.
a. PLAN-2 BICYCLE AND PEDESTRIAN IMPROVEMENTS
b. PLAN-3 ALTERNATE CALABAZAS CREEK TRAIL
c. TRANS-1 WOLFE ROAD/I-280 NORTHBOUND RAMPS
d. TRANS-2 NORTHBOUND TANTAU AVENUE/VALLCO PARKWAY
e. TRANS-3 STEVENS CREEK BLVD/CALVERT DR/I-280 RAMPS(WEST�
f. TRANS-4 DE ANZA BOULEVARD/HOMESTEAD ROAD
Resolution No.13-085 TM-2011-03 October 15,2013
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g. TRANS-6 TANTAU AVENUE/HOMESTEAD ROAD
h. TRANS-8 TANTAU AVENUE/STEVENS CREEK BOULEVARD
i. TRANS-9A STEVENS CREEK BLVD/CALVERT DR/I-280 RAMPS(WEST)
j. TRANS-10 STEVENS CREEK BLVD/LAWRENCE EXPRESSWAY(EAST)
k. TRANS-11 LAWRENCE EXPRESSWAY/I-280 SOUTHBOUND RAMPS
1. TR.ANS-12 DE ANZA BLVD BET.HOMESTEAD RD AND RAINBOW DR
m. TR.ANS-15 WOLFE ROAD/VALLCO PARKWAY
n. TRANS-22 FREEWAY INIl'ACT CONTRIBUTION
o. TRANS-24 SOUTHBOUND TANTAU AVENUE/VALLCO PARKWAY
p. TRANS-25 NORTHBOUND I-280 OFF-RAMP AT WOLFE ROAD
q. TRANS-26 SOUTHBOUND I-280 OFF-RAMP AT WOLFE ROAD
r. TRANS-27(Second Alternate) SOUTHEIZNMOST WOLFE ROAD DRIVEWAY
TO CUPERTINO VILLAGE
s. TRANS-28 WOLFE ROAD/PROTECT ACCESS INTERSECTION
t. NOI-2 RUBBERIZED PAVEMENT TREATMENT
u. PSU-1 TRAFFIC SIGNAL PREEMPTION
The Mitigation Monitoring and Reporting Program (MMRP), included within Exhibit TM-
1, attached in its entirety, is hereby incorporated and all applicant/property owner
obligations, described in the sections of the MMRI' applicable to the mitigation measures
listed above, are included as conditions of this permit to ensure that the mitigation
measures identified in the Apple Campus 2 Project EIR are complied with during project
implementation and operation.
7. DOUBLE ROW OF TREES
The applicant shall provide a row street trees along both sides of detached sidewalk,
unless determined infeasible by the Director of Public Works.
8. GRADING, DEMOLITION, UNDERGROUND UTILITY WORK, STREET
CONSTRUCTION AND CONSTRUCTION HOURS AND NOISE LIMITS
a. Grading activities may be performed at any time of the year, subject to storm water
management and other appropriate site preparation, as approved by the Director of
Public Works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Construction, street construction, Grading, underground utility and demolition work
and noise limits shall be compliant with requirements of Chapter 10.48 of the City
Municipal Code.
d. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an applicant
appointed disturbance coordinator, shall be posted in a prominent location at the
Resolution No. 13-085 TM-2011-03 October 15,2013
Page-9
entrance to the job site.
e. The applicant shall be responsible for educating all contractors and subcontractors of
the restrictions on construction, street construction, grading, underground utility and
demolition work.
f. T'he applicant must obtain an encroachment permit from City prior to commencing
any work within the right-of-way.
9. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to
the satisfaction of the Director of Community Development and Public Works.
10. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City
Standards, specifications and policies and as required by the Director of Public Works.
11. CURB AND GUTTER IMPROVEMENTS
New curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the Director of Public Works. The applicant
shall close all unused driveway cuts and remove and replace broken or uplifted curb,
gutter, or sidewalk as determined by the Director of Public Works.
12. PAVEMENT
Overlay of all streets along perimeter with 2.5" of asphalt pavement per Caltrans
Standards.
13. RIGHT OF WAY ACQUISITION
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
any right-of-way or property right necessary for the completion of portions of the Project
or the implementation of the MMRP or Conditions of Approval will be the applicant's
responsibility. The City, at the applicant's expense, shall obtain an appraisal suitable for
the purpose of govemment acquisitions. Applicant shall then make diligent and good
faith efforts to acquire all necessary properties. If any of the negotiations for any of the
acquisitions reach impasse, at City's request, the applicant shall deposit with City the
amount of the fair market appraisal plus estimated soft acquisition costs and costs of
proceeding, including the costs of obtaining or seeking possession of the property, as City
reasonably determines. If the actual costs of acquisition are greater than the deposit, the
applicant will provide additional funds to City upon notice in order to pay all costs of
acquisition. City may require that the applicant make periodic payments requested by
City to cover costs. Any additional remaining deposit will be returned to the applicant
upon conclusion of the acquisition.
City does not commit to exercising the power of eminent domain to acquire any property,
and has not made any decision or commitment in regard to exercising that power. Under
California law and under this Agreement, the determination to proceed by way of
Resolution No.13-085 TM-2011-03 October 15,2013
Page-10
eminent domain to acquire any property or interest in property is within the sole and
exclusive authority of the City Council, and City has not waived or relinquished any of its
powers to solely decide whether, when, and on what terms it may consider, deny,
approve, or pursue acquisition by use of the power of eminent domain.
14. DROP-OFF AREAS
The Drop off areas along N. Tantau Avenue is approved as drop off areas for passenger
vehicles only. These are not approved for use by private shuttle/coach/sprinter buses.
Adequate signage to this effect shall be installed in these areas. The applicant will ensure
that this restriction is incorporated in to instructions to shuttle/coach/sprinter bus
operators.
The Drop-off area indicated along Homestead Avenue near the entrance to the Fitness
facility is not approved and shall be eliminated from all development and improvement
plans.
15. DETACHED SIDEWALK
The applicant shall provide a detached sidewalk, wherever feasible as determined by the
Director of Public Works, along all street frontages where construction shall occur. These
include:
a. Homestead Road
b. N. Tantau Avenue
c. Vallco Parkway
d. North side of Pruneridge Avenue
e. Segment of N.Wolfe Road between I-280 and Pruneridge Avenue
f. East side of N. Tantau Avenue between Pruneridge Avenue and Homestead Road.
16. PEDESTRIAN CROSSWALKS
The applicant shall provide pedestrian crosswalk improvements around the project site.
This includes providing crosswalks at the Wolfe Road/Apple Campus 2 driveway
entrance to the satisfaction of the Director of Public Works. Final crosswalk improvement
plans shall be reviewed and approved by the Director of Public Works.
17. PEDESTRIAN CROSSING ENHANCEMENTS AT WOLFE ROAD AND INTERSTATE
280 RAMPS
The six Interstate 280 ramps at Wolfe Road include the following:
■ Northbound I-280 On-Ramp from southbound Wolfe Road
■ Northbound I-280 On-Ramp from northbound Wolfe Road
■ Northbound I-280 Off-Ramp
■ Southbound I-280 On-Ramp from northbound Wolfe Road
■ Southbound I-280 On-Ramp from southbound Wolfe Road
■ Southbound I-280 Off-Ramp
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The applicant shall replace all crosswalks at the on-ramps with new crosswalks which are
perpendicular to the ramps, incorporate high-visibility ladder striping, and yield limit
lines. The applicant shall install high-visibility ladder striping at the crosswalks at the two
off-ramps. The applicant shall also provide ADA-compliant curb ramps for all crosswalks.
Additionally, at the southbound I-280 loop on-ramp from southbound Wolfe Road, the
applicant shall replace the existing fence on the overcrossing with one that has better
transparency, trim and maintain vegetation on northwest corner of the on-ramp, relocate
the curb ramp further north along the highway on-ramp; and add pavement legends to
indicate a pedestrian crossing.
In the event that the applicant can demonstrate to the satisfaction of the Public Works
Department that, despite their best efforts, sufficient progress has not been made with the
responsible agency, the funding shall be held in escrow or in a segregated account held by
the City in lieu of the design and constxuction of the mitigation measure.The funds will be
released to the responsible agency once the project is programmed and approved.
18. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature at the
intersection of N. Wolfe Road and Homestead Road that will be consistent with the
policies of the General Plan. The design will be reviewed by the Director of Community
Development, if located off-site it will require additional approval by the Director of
Public Works.
19. COLORIZED BICYCLE LANES
The applicant shall provide colorized bicycle lane pavement along project frontages and at
areas of potential vehicular conflict as determined by the Director of Public Works.
20. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public Works.
21. GRADING
Grading shall be as approved and required by the Director of Public Works in accordance
with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
maybe required. Contact Army Corp of Engineers and/or Regional Water Quality Control
Board as appropriate.
22. STORM WATEIZ BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included
in grading and street improvement plans.
23. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the
applicant must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses
Resolution No.13-085 TM-2011-03 October 15,2013
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preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best
Management Practices (BMPs) to control storm water runoff quality, and BMP inspection
and maintenance.
24. C.3 RE UIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
unpervious surface that is subject to requirements set forth in section C.3 of the Municipal
Regional Stormwater NPDES permit. The applicant shall reserve a minimum of 4% of
developable surface area for the placement of low impact development measures, for
storm water treatment, on the tentative map, unless an alternative storm water treatment
plan, that satisfies C.3 requirements, is approved by the Director of Public Works.
The applicant must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BMPs), which must be designed per
approved numeric sizing criteria. A Storm Water Management Plan, Storm Water
Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance
Agreement, and certification of ongoing operation and maintenance of treatment BMPs
are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
25. EROSION CONTROL PLAN
The applicant shall provide an approved erosion control plan prepared by a Registered
Civil Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans. The plan shall also be
incorporated as an attachment to the SWPPP and shall be updated and amended as
construction phases or site conditions change.
26. WORK SCHEDULE
Every 6 months, the applicant shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
27. OPERATIONS &MAINTENANCE AGREEMENT
The applicant shall enter into an Operations & Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and maintenance for
any non-standard appurtenances in the public right-of-way that may include, but is not
limited to, sidewalk, pavers, enhanced landscaping, landscaping necessary to screen
utility cabinets, and street lights.
28. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology
and pre-and post-development hydraulic calculations must be provided to indicate
whether additional storm water control measures are to be constructed or renovated. The
storm drain system may include, but is not limited to, subsurface storage of peak
Resolution No.13-085 TM-2011-03 October 15,2013
Page-13
stormwater flows (as needed), infiltration, evaporation or storm water harvesting
facilities, bioretention basins, vegetated swales, and hydrodynamic separators to reduce
the amount of runoff from the site and improve water quality. The storm drain system
shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other
approved systems and improvements) as necessary to avoid an increase of the ten- year
storm flood water surface elevation to the satisfaction of the Director of Public Works.Any
storm water overflows or surface sheeting should be directed away from neighboring
private properties and to the public right of way as much as reasonably possible.
29. UPSIZING OF STORM DRAIN LINES IN WOLFE ROAD, PRUNERIDGE AVENUE
AND HOMESTEAD ROAD
The applicant will be responsible for upsizing storm drain infrastructure within Wolfe
Road, Pruneridge Avenue and Homestead Road to current City Requirements to address
impacts to the City Storm Drain system resulting from the project. Current City
requirements include the ability to convey a 10-year storm event with a 1-hour duration,
as storm events are calculated per standards set forth in the Santa Clara County Drainage
Manual(2007).
30. FULL TRASH CAPTURE SYSTEM
The applicant will be responsible for installing a full trash capture system/device to
capture trash from the onsite storm drain system before the storm water reaches the City
owned storm drain system. A full capture system or device is a single device or series of
devices that traps all particles retained by a 5 mm mesh screen and has a design treatment
capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in
the sub-drainage area (see the Municipal Regional Permit section C.10 for further
information/requirements).
31. GEOTECHNICAL REPORT
All design criteria and specifications set forth in the design-level geotechnical report shall
be implemented as a condition of project approval. The applicant will be responsible for
providing a geotechnical engineering review letter stating that the final approved set of
plans have been reviewed and meet the intent and recommendations of the geotechnical
report.
32. UNDERGROUND UTILITIES
T'he applicant shall comply with the requirements of the Underground Utilities Ordinance
No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
The applicant shall submit detailed plans showing utility underground provisions. Said
plans shall be subject to prior approval of the affected Utility provider and the Director of
Public Works.
Resolution No.13-085 TM-2011-03 October 15,2013
Page-14
33. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The applicant must receive written approval from both the Public
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
34. BUS STOP LOCATION
The applicant shall install and/or improve bus shelters/trash receptacles along the Wolfe
Road, Tantau Avenue, Vallco Parkway and Homestead Road project frontages, and as
required by VTA for bus route modifications due to the Pruneridge Ave closure. The
placement and design of the bus shelters/trash receptacles shall be approved by the
Director of Public Works and the VTA. Locations and the design of bus stops and shelters
shall be provided to the satisfaction of the Director of Public Works and the VTA.
Enhanced shelters shall be maintained and funded by the applicant. In the event that bus
shelters are replaced by the VTA with standard revenue-generating bus shelters, the
applicant may not be required to maintain and service these bus shelters.
Shelters shall, at a minimum, include the following features:
■ ADA accessible dimensions
■ Concrete pad per VTA criteria
■ Illuminated line number sign
■ Passenger shelters
■ Benches
■ Trash receptacles
■ Real-time information panels
■ Schedule,fare, and service span information
■ Lighting
35. TRAFFIC CONTROL PLAN
The applicant must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the Director of Public Works, for any work in the right of way as well as a
routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the Director of Public Works prior to commencement of work.
The City has adopted the Manual on Uniform Traffic Control Devices (MUTCD)
standards for all signage and striping work throughout the City.
36. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
Resolution No.13-085 TM-2011-03 October 15,2013
Page-15
37. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance with
Ordinance No. 125.
38. STREAMSIDE PERMIT
Prior to issuance of a building permit, the applicant shall provide plans and information
that satisfies the requirements of the Stream Side Development Permit as set forth by the
Santa Clara Valley Water Resources Protection Collaborative. These items include, but are
not limited to, topographic survey, specific measures to protect streams and/or water
bodies from water quality impacts, coordination with all interested jurisdictional agencies,
and the like.
39. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before issuance
of a building permit approval.
40. DEDICATION OF UNDERGROUND WATER RIGHTS
The applicant shall "quitclaim" all interests in, and grant to the City authorization to
extract water from, the underground strata lying beneath and within the boundary limits
of the project's property.
41. ABANDONED WATER WELLS
The applicant shall seal abandoned or unused water wells if the City, in consultation with
the Santa Clara Valley Water District, determines that said abandoned or unused water
wells have a potential to contaminate the water supply.
42. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
43. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property and utilities in
Pruneridge Avenue (including PG&E, AT&T, and California Water Company, Cupertino
Sanitary District and/or equivalent agencies) will be required prior to issuance of permits.
44. EMERGENCY VEHICLE PREEMPTION FUND
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
In addition to complying with Mitigation Measure PSU-1, the applicant shall fund similar
traffic signal preemption throughout the City at a cost not to exceed Three Hundred
Twenty Thousand Dollars ($320,000) (the "Traffic Signal Preemption Contribution"). The
applicant shall pay amounts requested within thirty (30) days after receipt of City's
invoice, accompanied by reasonable documentation supporting City's installation of the
Resolution No.13-085 TM-2011-03 October 15,2013
Page-16
signal preemption covered by the invoice.
45. DEDICATION AND STREET WIDENING ON TANTAU AVENUE
The applicant shall widen and construct a second northbound through lane/trap right turn
lane on Tantau Avenue between the main site entrance and Pruneridge Avenue. The
applicant shall dedicate land as required to accommodate this improvement.
46. VALLCO PARKWAY IMPROVEMENTS
The applicant shall reconfigure Vallco Parkway between Perimeter Road and Tantau
Avenue to two vehicle lanes and one bike lane in each direction, plus diagonal parking on
the south side, including any associated improvements such as,but not limited to, median
relocation. In addition, the applicant shall design and install a traffic signal at the Main
Street project garage entrance onto Vallco Parkway.
47. FUNDING OF POTENTIAL NEIGHBORHOOD CUT-THROUGH TRAFFIC AND
PARKING INTRUSION MONITORING AND MITIGATION PROGRAM
The applicant shall fund neighborhood cut-through traffic and parking monitoring studies
and provide fees to implement needed traffic calming improvements to minimi�e
neighborhood cut-through traffic and parking intrusion within the cities of Santa Clara
and Sunnyvale. The applicant shall provide up to $250,000 for the City of Santa Clara and
up to $500,000 for the City of Sunnyvale for neighborhood cut-through traffic and parking
intrusion measures. These contributions will be provided to the City of Cupertino prior to
issuance of the first building permit for the project.
The applicant shall also fund all baseline and monitoring studies as required above and
beyond the amounts specified above. The monitoring program shall include the following
items: (1) identifying the monitoring areas (roadways where the monitoring will occur; (2)
determining baseline conditions (number of parked vehicles and traffic volumes on the
roadways); (3) determining thresholds for parking and traffic volume increases requiring
action (per Santa Clara and Sunnyvale Traffic Calming Programs); (4) establishing the
monitoring schedule; and (5) creating reporting protocols. The baseline conditions shall be
established prior to but within 1 year of initial occupancy. Monitoring would then occur
annually for 5 years.
If parking spillover is identified as a problem as part of the annual parking monitoring,
the applicant shall provide a detailed parking management strategy for review and
ultimate approval by the City. The parking management strategy should show
conclusively that the parking supply provided on the site would meet the expected
demand (both for daily operations and special events). Examples of the types of strategies
the applicant may include in the parking management strategy include the following:
■ Periodic surveys to measure employee parking demand rates
■ Employee education campaigns
■ Periodic monitoring of employee parking on streets surrounding the project site
which includes license plate checks
Resolution No.13-085 TM-2011-03 October 15,2013
Page-17
■ Parking cash-out program
■ Additional valet parking assistance beyond that currently proposed with the project
■ Additional personnel and signage to direct parking during special events
■ Other TDM measures to discourage single-occupancy driving and reduce parking
demand on the site
If spillover parking in nearby neighborhoods occurs even after implementation of the
measures above, the following should be implemented:
■ Parking restrictions on Forge Drive implemented by the City with funding from the
applicant for design and physical improvements (such as signs, striping, curb
painting and the like) and construction/installation of all such measures.
■ Provision of additional parking spaces on-site to meet the parking demand, to the
satisfaction of the Director of Community Development. Such additional parking
would be subject to supplemental environmental review.
■ Implementation or funding of a neighborhood parking permit program, signage,
curb painting, or other parking restriction measures.
48. LEFT-TURN POCKET EXTENSIONS
Left-turn pockets shall be extended at the De Anza Boulevard/Stevens Creek Boulevard
intersection (westbound pocket), Wolfe Road/Homestead Road intersection (westbound
pocket), Wolfe Road/Vallco Parkway intersection (southbound pocket), Tantau
Avenue/Homestead Road intersection (westbound pocket), and Tantau Avenue/Stevens
Creek Boulevard intersection (eastbound pocket). The applicant shall reconstruct medians
and restripe roadways as necessary to construct the extended turn pockets.
49. SARATOGA AVENUE/LAWRENCE EXPRESSWAY
The applicant shall provide a $1,000,000 fair share contribution to Santa Clara County for
the purpose of constructing an additional left-turn lane from Saratoga Avenue onto
northbound Lawrence Expressway.
50. INTERSTATE 280 SOUTHBOUND ON-RAMP AT LAWRENCE EXPRESSWAY
The applicant shall construct a third lane on the southbound on-ramp to Interstate 280 at
Lawrence Expressway between Lawrence Expressway and the metering lights. The
applicant shall also construct a third eastbound lane along the connector road between
Calvert Drive and Lawrence Expressway. The applicant shall provide detailed
construction plans and shall construct the improvement. If the applicant cannot get
approval for the improvement, the applicant shall provide up to a maximum of$1,730,729
to design and construct either (1) the identified improvement or (2) an alternate
improvement that will address on-ramp queuing at the I-280 southbound ramp at
Lawrence Expressway to the satisfaction of the City of Cupertino Director of Public Works
and Caltrans. The $1,730,729 is the difference between the estimated cost of the identified
improvement, and the estimated cost of mitigation measure TRANS-11, which is an
element of the identified improvement. The process described in Condition no. 49 for
Resolution No.13-085 TM-2011-03 October 15,2013
Page-18
improvements outside of the City of Cupertino shall govern the implementation of this
condition.
51. GLENDENNING BAIZN RELOCATION
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
if, and only if, the Glendenning Barn is relocated off the Project Site, the applicant shall
pay city Two Million Six Hundred Forty Four Thousand and Thirty-Five Dollars
($2,644,035) (the "Glendenning Barn Relocation Contribution"), which represents the
agreed upon costs of acquiring or providing a relocation site for the Glendenning Barn on
City-owned property, the cost of improvements to the relocation site and the Glendenning
Barn, the net present value of annual maintenance expenses, and additional amounts for
capital repair costs anticipated in years ten and twenty. The applicant will pay such
amount to City within thirty (30) days after receipt of City's written demand, which may
be given at any time following relocation of the Glendenning Barn; provided, however, if
City opts to acquire a new site for the Glendenning Barn rather than locate the
Glendenning Barn on an existing City-owned site, then the applicant will deposit up to
$1,000,000 of the Glendenning Barn Relocation Contribution in the escrow established for
City's purchase of such new site so that the funds can be applied towards the purchase
price payable by City at closing, in which case the balance of the Glendenning Barn
Relocation Contribution will be payable by the applicant following relocation of the
Glendenning Barn as provided above.
52. FIBER OPTIC CONDUIT INSTALLATION.
As set forth in the Development Agreement, and as expressly limited by the terms thereof;
install an additional separate fiber optic conduit along Wolfe Road between the 280
Freeway and Homestead Road, solely in order to accommodate City's usage. The fiber
optic conduit shall be installed in accordance with plans and specifications approved by
the Director of Public Works.
53. INDEMNIFICATION
To the extent permitted by law, the applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this Resolution or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
City its actual attorneys' fees and costs incurred in defense of the litigation. The applicant
and City shall use best efforts to select mutually agreeable legal counsel to defend such
action, and the applicant shall pay all compensation for such legal counsel, following the
applicant's receipt of invoices from City, together with reasonable supporting
documentation. Such compensation shall include reasonable compensation paid to
counsel not otherwise employed as City staff and shall include City Attorney time and
overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City. If the applicant and the City cannot in good faith
Resolution No. 13-085 TM-2011-03 October 15,2013
Page-19
agree on joint counsel, the City shall have the right to retain counsel of its own choosing,
separate from the applicant's litigation counsel.
SECTION V: CEQA REVIEW
An Environmental Impact Report for the Subdivision was prepared in accordance with the
California Environmental Quality Act(CEQA),Public Resources Code Section 21000 et seq.
PASSED AND ADOPTED at an Adjourned Regular Meeting of the City Council of the City of
Cupertino the 15th day of October 2013,by the following roll call vote:
Vote: Members of the City Council:
AYES: Mahoney, Wong, Chang and Santoro
NOES: None
ABSTAIN: None
ABSENT: None
RECUSE: Sinks
ATTEST: APPROV
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G 1�i,L � /`''�
Grace Schmidt ���--�'�—�� Orrin Mahoney
City Clerk Mayor, City of Cupertino
7HI81S 1'0 CERTIFY THAT THE WITHIN
iNSTRUMENT IS ATRUE AND CORRECT COPY
J�'THE ORIGINAL ON FILE IN THIS OFFICE
A1TES�° t o �2� , 20� 3
�ITY CLERK OF THE CITY OF CUPERTINO
BY�_.,�'��`'°�e--, ��"`�-^--�'`-
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EXHIBIT TM-1
MITIGATION MONITORING AND REPORTING PIZOGRAM
A. INTRODUCTION
This document describes the Mitigation Monitoring and Reporting Program(MMIZP)for ensuring
the effective implementation of the mitigation measures adopted by the City of Cupertino(City)and
made conditions of approval of the Apple Campus 2 Project(project).The project would entail the
redevelopment of an approximately 176-acre project site into a new campus for Apple Inc. (Apple).
When a lead agency adopts findings pursuant to Section 21081 of the California Environmental
Quality Act(CEQA)1 and Section 15091 of the CEQA Guidelinesz upon completion of an Environmen-
tal Impact Report(EIR), it is required to adopt a reporting and monitoring program pursuant to
Section 21081.6 of CEQA and Section 15097 of the CEQA Guidelines.T'he purpose of the MMRP is to
ensure compliance with the measures adopted to mitigate or avoid significant environmental impacts
during project implementation.T'his MMRI'will not only direct the implementation of mitigation
measures by the specified responsible parties,but also facilitate the Cit�s monitoring,compliance,
and reporting activities,including the activities of any third-party monitors it may designate.
B. PROJECT BACKGROUND
The project site is currently developed with structures that contain office and research and
development uses.These existing structures will be demolished and replaced with new development
as part of the project.The project involve the construction of 3,420,000 square feet of office,research,
and development uses;245,000 square feet of auditorium, fitness center, and parking reception uses;
92,000 square feet of utility plants;and parking and ancillary buildings(such as security receptions
and landscape maintenance buildings).As part of the project,a segment of Pruneridge Avenue will
be vacated by the City to allow for the development of a unified and secure campus and Apple will
also implement changes to local roadways in the vicinity of the project site.The environmental effects
of the project are analyzed and identified in the Apple Campus 2 Project Final EIR.
The Final EIR identifies potentially significant impacts and mitigation measures in the following
areas:
• planning policy
• land use
• biological resources
'T'he California Environmental Quality Act is found at Public Resources Code Section 21000 et seq. Hereinafter,the
MMItP will refer to the Pubiic Resources Code sections of CEQA as"Section[number]of CEQA."
2 The State CEQA Guidelines("Guidelines")are found at California Code of Regulations,Title 14,Section 15000 et seq.
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AUGUST 2013 MITIGATION MONITORING AND REPORTING PROGRAM
• cultural resources
• geology,seismicity, and soils
. hydrology and water quality
. hazards and hazardous materials
• transportation and circulation
. noise
. air quality
. public services and utilities
C. ROLES AND RESPONSIBILITIES
As the lead agency under CEQA,the City will be responsible for ensuring full compliance with the
provisions of this MMIZP and will have primary responsibility for implementation of the MMRI'.The
City has the authority to halt any activity associated with the construction and operation of the Apple
Campus 2 project if the activity is determined to be a deviation from the approved project or the
adopted mitigation measures.
D. MITIGATION MONITORING AND REPORTING PROGRAM
The attached table presents a compilation of the mitigation measures in the Final EIR,together with
the required monitoring and reporting actions, and timing.
The attached table includes columns that show: (1) each mitigation measure identified in the Final
EIR; (2)the procedure for implementing each mitigation measure; (3)the City entity responsible and
procedure for monitoring and reporting implementation of each mitigation measure; (4)the timing
for implementation of each mitigation measure;and(5)verification of mitigation measure
completion.
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IV. PLANNING POLICY
PLAN-1:The project sponsor shall The project sponsor shall The Director of Public Works Funds to be paid as Date:
implement one of the following either: shall either: indicated in the
options: (1)Pay the Department of (1)Collect the payment;or Development Signature:
a. Provide sufficient funds for the Public Works, the amount (2)Receive a dedication of 1.1 Agreement.
acquisition of 1.1 acres of property stated in the Development acres of property, to its
by the City for future park Agreement for the satisfaction.
development;or acquisition of the park or If funds are provided, the City
b. Agree to purchase(unless other (2)Purchase, designate,and shall actively pursue the
property currently owned by dedicate 1.1 acres of design and development of
Apple is proposed), designate, and property to the City.The park space.If the project
dedicate to the City 1.1 acres property to be acquired or sponsor chooses to dedicate
elsewhere in the City as Parl<s and purchased shall be property it owns/acquires for
Open S�ace,subject to the approved by the City and this purpose, the location has
satisfaction of the City, provided suitable for development be to be approved by the City
the land would be publicly and ongoing use as park and if acceptable„ the City
accessible. space.T11e City shall take shall work with the Planning
into account existing and Commission and City Council
future need for neighbor- to designate the property as
hood and City-wide park Parks and Open Space in the
space. Cit 's Zonin Ma . �
PLAN-2:The project sponsor shall The project sponsor shall The Public Works Depart- (1)Prior to entering Date:
iinplement the following measures to submit detailed plans for the ment shall review and into a street
the satisfaction of the City: transportation approve plans for the bicycle improvement Signature:
a. Fund,construct,and, where improvements identified in and pedestrian agreement,the
necessary,provide dedications of Mitigation Measure PLAN-2. improvements identified in project sponsor shall
real property(including costs for In addition, the project Mitigation Measure PLAN-2. have plans
planning, design,construction and sponsor shall: The City shall verify that the approved by the
submitted lans are Cit which includes
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maintenance),all bike,pedestrian, (1)rund,construct,and consistent with other bonds or other
landscaping,and sidewalk provide dedications of real transportation improvements surety to guarantee
improvements in the public right- property(where necessary) proposed for the area,and the improvements.
of-way along all properties for all bike,pedestrian, that the plans leave no
bounded by East Homestead landscaping,and sidewalk connectivity gaps for bike, (2)Funding subject
Road, North Tantau Avenue, improvements in the public pedestrian and disabled to terms of the
Vallco Parkway, and North Wolfe right-of-way along all person transport. Development
Road.In locations where the properties bounded by East Agreement.
improvements are adjacent to Homestead Road,North
property witll past project Tantau Avenue,Vallco
approvals,the design details shall Parkway, and North Wolfe
be consistent with all other Road.
improvements approved by the �2�Fund and construct a
City. way-finding scheme along
b. A coordinated way-finding the entire alternate east-west
scheme shall be introduced along loop around the project site.
the entire alternate east-west loop (3)Fund and construct
(North Wolfe Road,East enhanced bike lanes,
Homestead Road,Vallco Parkway, pedestrian paths,fencing,
and North Tantau Avenue).Way- guard rails(if feasible),and
finding signage shall be designed pedestrian-scaled lighting
to orient visitors and residents, along the North Wolfe Road
pointing them to area attractions, bridge over I-280.
retail areas,pedestrian and bicycle �4)Fund and construct
access routes,and other important other bicycle and pedestrian
destinations.Signs shall also be �menities,as identified in
designed to direct those on foot or the submitted plans.
on bike to the safest bicycle and (5)See Mitigation Measures
edestrian routes,as well as other
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bicycle and pedestrian amenities. TRANS-23(Alternate),
c. Enhanced bike lanes,pedestrian TRANS-28,TRANS-29 and
paths, fencing,guard rails(if PLAN-3.
feasible), and pedestrian-scaled (6)Fund and construct ADA
lighting shall be installed along the ratnp improvements
North Wolfe Road Uridge over I- identified in the submitted
280. plans.
d. Other bicycle and pedestrian
amenities, such as high visibility
crosswalks, "yield to pedestrians"
signage, leading pedestrian
intervals at signalized
intersections, and other publically
accessible amenities(e.g.,bicycle
racks, benches, attractive
pedestrian-oriented lighting, and
landscaping)along the project site
perimeter shall be installed.These
amenities shall be designed to
improve the safety and
attractiveness of alternative modes
of travel within the vicinity of the
project site.
e. Implement Mitigation Measures
TRANS-23 (Alternate)and
TRANS-28 (to improve pedestrian
safety at the North Wolfe
Road/Project Access intersection);
TRANS-29 (to enhance the
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pedestrian environment at the I-
280 ramps with Wolfe Road);and
PLAN-3(to construct an alternate
Calabazas Creek pedestrian/bike
trail).
f. Update American with Disabilities
Act(ADA)ramps at the following
locations:Vallco Mall overpass on
North Wolfe Road;northbound
North Wolfe Road at I-280 south
on-ramp,with updated crosswalk
striping;northbound North Wolfe
Road at I-280 north on-ramp,with
updated crosswalk striping;west
side of North Wolfe Road at
Pruneridge Avenue;and
southbound North Wolfe Road at
I-280 soutlz off-ramp,with
u dated crosswalk stri in .
PLAN-3:The project sponsor shall (1)The project sponsor shall (1)The Community Prior to entering Date:
implement the following measures to fund and construct a Development Department into a street
the satisfaction of the City,as pedestrian/bike alternate and Public Works improvement Signature:
illustrated in Figure IV-3: creek trail extending from Department shall review and agreement,
a. Fund and construct to the the intersection of North approve plans to construct an including bonds or
satisf�ction of the City a Tantau Avenue and alternate pedestrian/bike other surety to
pedestrian/bike alternate creek Calabazas Creek,south to creek trail and shall worlc guarantee the
trail extending from the Vallco Parkway,on both with the project sponsor to improvement,the
intersection of North Tantau sides of North Tantau acquire the necessary permits project sponsor shall
Avenue and Prunerid e Avenue, Avenue,and then west for construction of the trail. have plans
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south to Vallco Parlcway,on both along the north side of (2)'I'he Public Works approved by the
sides of North Tantau Avenue, Vallco Parl<way to the Department shall collect City.
and then west along the north side intersection of Calabazas $250,000 to be used for a
of Vallco Parkway to the Creek including an feasibility study of a full Timing of funding is
intersection of CalaUazas Creek. appropriate combination of Class 1 separated trail, in the subject to terms of
This funding shall account for the identified amenities area specified in Mitigation the Development
planning, design, collaboration (e.g., landscaping, lighting, Measure PLAN-3.The City Agreement.
with other agencies, and rest areas, recreational shall supply other funding, as
construction and maintenance of amenities). needed, to undertake the
the alternate trail route.The trail (2)The project sponsor shall study and shall actively
shall include a combination of the partially fund, in the sum of pursue construction of the
following features that reference $250,000, a feasibility study trail if feasible.
Calabazas Creel<: of a full Class I separated
• Signage along the route trail,where rights-of-way
including both are adequate,along the
wayfinding/maps and drainage channel that runs
information on creek habitat and parallel to southbound I-280
ecology; between North De Anza
• Appropriate plantings that Boulevard and Calabazas
mimic creek-side habitats and Creek, and then south along
provide a linear reference point the western bank of
between the creek-side portions Calabazas Creek to Vallco
of the trail and the trail detour Parkway.
(wherever possible);
• Special pedestrian scaled
lighting;
• Rest areas or picnic tables at trail
intersections alon North
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Tantau Avenue and Vallco
Parkway, as feasible, to
highlight the route's recreational
nature while also not
diminishing its role as a
transportation route;
■ Additional recreational
amenities such as water
fountains and trash receptacles;
• Appropriate pavement
treatments that reference the
creek and/or water;and
■ Decorative fencing and/or guard
rails on North Tantau Avenue
along the bridge over Calabazas
Creek and the bridge over I-280
and where the creek meets
Vallco Parkway, that reference
the creek and strengthen the
linear connection between the
creek and the trail detour.
b. Partially fund,in the sum of
$250,000,a study of a full Class I
separated trail,where rigllts-of-
way are adequate,along the
drainage channel that runs parallel
to southbound I-280 between
North De Anza Boulevard and
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Calabazas Creel<,and then south
along the western banlc of
Calabazas Creel<to Vallco
Parl<way.The study would only
assess the feasibility of such a trail
in the general area.If the City
determines such a trail is feasible
and determines to carry out the
project, the trail would be subject
to further environmental review
and subsequent approvals.The
potential future trail would
connect to the project-related
bicycle lane improvements on
North Tantau Avenue and Vallco
Parkway.T'he east-west
connection would be publicly-
accessible and would be used for
commutin and recreation.
PLAN-4:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
Measure CULT-1. CULT-1. CULT-1. Measure CULT-1.
Si nature:
PLAN-5:Impleinent Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
and PLAN-3. Si nature:
PLAN-6:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
and PLAN-3. Si nature:
A. LAND USE
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LU-1:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-1,PLAN-2,PLAN-3, PLAN-1,PLAN-2,PLAN-3, PLAN-1,PLAN-2,PLAN-3, Measures PLAN-1,
and CULT-1. and CULT-1. and CULT-1. PLAN-2, PLAN-3, Signature:
and CULT-1.
B. AESTHETICS
There nre�io siR�iificnnt Aesthetics impacts.
C. POPULATION,
EMPLOYMENT,AND HOUSING
There nre no si ni 'cnnt Po ulntion,Em loi ment,nnd Hoccsin im ncts.
D. BIOLOGICAL RESOURCES
BIO-1:A qualified biologist shall (1)If construction would (1)The Community Prior to the issuance Date:
conduct surveys prior to tree pruning, occur during the nesting Development Department of demolition
tree removal,transplantation,ground season(February 1 to shall periodically monitor permits and Signature:
disturbing activities, or construction August 31), the project construction activities at the periodically
activities on the site to locate active sponsor shall ensure that project site and confirm that throughout project
nests containing either viable eggs or pre-construction surveys appropriate nest exclusion construction.
young birds.Preconstruction surveys are conducted no more than measures are in place.
are not required for tree removal, tree 14 days prior to the start of (2)The City shall review the (2)Annual
pruning,or construction activities tree removal, tree pruning annual compliance reports to compliance reports
outside the nesting period.If or construction activities in confirm the adequacy of nest shall be submitted to
construction would occur during the any area. surveys and confirm that the City no later
nesting season(February 1 to August (2�'I`he project sponsor shall appropriate nest protection than SeptemUer 30���
31),preconstruction surveys shall be ensure that protective measures are identified and of each year.
conducted no more than 14 days prior measures are established for successfully implemented.
to the start of pruning,construction, active nests during this time
or ground disturbing activities. and that these protective
Preconstruction surveys shall be measures are regularly
repeated at 14-day intervals until monitored.
construction has been initiated in the �3)No later than Februa
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area after which surveys can be 15th of each year, the
stopped.Locations of active nests project sponsor shall submit
containing viable eggs or young birds annual compliance reports
shall be described and protective for the prior calendar year
measures implemented until the nests to the City and CDFW if
no longer contain eggs or young trees are removed during
birds.Protective measures shall the nesting season.
include establishment of clearly
delineated exclusion zones (i.e.,
demarcated by uniquely identifiable
fencing,such as orange construction
fencing or equivalent)around each
nest site as determined by a qualified
wildlife biologist, tal<ing into account
the species of birds nesting on-site
and their tolerance for disturbance.In
general,exclusion zones shall be a
minimum of 300 feet from the drip
line of the nest tree or nest for raptors
and 50 feet for passerines and other
species.The active nest sites within an
exclusion zone shall be monitored on
a weekly basis throughout the nesting
season to identify signs of disturbance
or to determine if each nest no longer
contains e s or oun birds.
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The radius of an exclusion zone may
be increased by the project biologist if
project activities are determined to be
adversely affecting the nesting birds.
Exclusion zones may be reduced by
the project biologist only in
consultation with CDFW.The
protection measures shall remain in
effect until the young have left the nest
and are foraging independently or the
nest is no longer active.ror any
project-related activities involving the
removal of trees during the nesting
season,a report shall be submitted to
the City of Cupertino and CDFW once
per year documenting the observations
and actions implemented to comply
with this miti ation measure.
BIO-2:The project sponsor shall The project sponsor shall The Community Design features slzall Date:
incorporate the following design submit to the City building Development Department be incorporated into
features(developed through a review plans that incorporate the shall verify that the the building permit Signature:
of bird-safe design guidelines)into specific design features submitted building plans submittal.
the project to reduce bird collisions: identified in Mitigation include the bird-safe features
Measure BIO-2(including identified in Mitigation Certification letter
Main Builciing and North Tantau those features that pertain Measure BIO-2. shall be provided
Structures to indoor operational or prior to final
• From outside most buildings,glass design features,such as occupancy.
often appears highly reflective, plantings and lighting).
re roducin habitat and a earin These design features shall
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attractive to some birds.To limit be explicitly noted in
reflectivity and prevent exterior building and site plans.
glass from attracting birds, the
project shall utilize low-reflectivity Prior to final occupancy, the
glass(7 percent reflectivity, 0 project sponsor shall submit
percent ultra-violet transmittance). a report attesting that the
This low-reflectivity glass shall be design features have been
used for the entirety of the installed as approved.
building's glass surface(not just
the lower levels nearest trees
where bird collisions may be the
most common) to provide
additional avian safety.
■ The Main Building shall include
10-foot-wide awnings at each story
(or a siinilar feature) to create
"visual noise"by covering
windows and muting image
reflections.
• All indoor potted plants shall be
placed away from the glass
perimeter so that birds do not
attempt to fly into the vegetation.
• All roof inechanical equipinent
shall be covered by low-profile
angled roofing so that obstacles to
bird flight are minimized.
■ Interior light"pollution" shall be
reduced durin evenin hours
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through the use of a lighting
control system.
Main Parkin_g Structure and North
Tantau Parlcin$Structures
• The above-grade parking
structures shall be designed with
open-air fa�ades.No glass shall be
utilized so birds can access open
through-passages.
Cor�orate Auditorium/Cor�orate
Fitness Center
■ To limit reflectivity and prevent
exterior glass from attracting
birds,the project shall utilize low-
reflectivity glass(7 percent
reflectivity,0 percent ultra-violet
transmittance).
■ Interior light"pollution" shall be
reduced during evening hours
through the use of a lighting
control system.
■ The Corporate Fitness Center shall
include 5-foot-wide awnings(or a
similar feature)to create"visual
noise"by covering windows and
muting image reflections.
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BIO-3:Replacement/compensation of The project sponsor shall The Community Prior to the issuance Date:
all protected trees shall be undertaken replace or compensate the Development Department of grading,
in accordance with the Review of the City for all protected trees shall ensure that the project demolition or Signature:
Consolidated Arborist Report for the damaged or removed sponsor replaces/ occupancy permits.
Apple Campus 2 Project and City during the project compensates the City for all The Director of
�Municipal Code requirements, prior to construction period protected trees removed or Community
the initiation of construction. generally in conformance damaged during the Development may
Recommendations noted within the with attached Exhibit EA-2a construction period and shall allow an extension
Review of the Consolidated Arborist and in accordance with the verify that suitable of time,subject to
Report for the Apple Campus 2 City of Cupertino Municipal transplantation sites have the
Project,as modified by the Code Chapter 14.18. The been identified. recommendations of
Adjustinents to Response to the project sponsor shall ensure the City's consulting
Review of the Consolidated Arborist that the project results in a Substitutions to the trees Arborist and
Report per�IR Plan Revision and A net increase of at least 1,700 identified in Exhibit EA-2a appropriate
Review of the Trees Recoinmended for trees on the project site, may be allowed subject to the financial surety
Transplant at the Apple Cainpus 2 which shall consist of native review of the City's (such as a bond or a
Project shall be impleinented to the and climate appropriate Consulting Arborist and letter of credit) for
satisfaction of the Community species. approval by the Director of the work remaining.
Development Director.Protected trees Community Development.
that are damaged or removed during
construction or roadway
iinprovements shall be subject to
replaceinent/compensation according
to the City's tree protection ordinance.
However,replacement for removed
trees subject to the City's Protected
Tree Ordinance shall be consistent
with the requirements of Chapter 14.18
of the Protected Tree Ordinance.Trees
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that have been identified as being
suitable for transplantation shall be
relocated in accordance with the Tree
Transplant Schedule approved by the
Communit Develo ment Director.
E. CULTURAL RESOURCES
CULT-1a(On-site Relocation):The (1)The project sponsor shall (1)'The Community Extensions of time Date:
Glendenning Barn shall be relocated prepare a barn relocation Development Department may be granted by
to one of the following two sites plan for either an on-or off- shall review and approve t11e Director of Signature:
within the Apple Campus 2 project site relocation that adheres plans for the relocation of Community
site,subject to the approval of the to the Secretary of the Glendenning Barn and shall Development if
City:1) to the northeast of the Interior's Standards for the specifically verify that(if the substantial progress
Corporate FiMess Center, south of Treatment of Historic barn is relocated on-site)the is being made on the
East Homestead Road or 2)at the Properties. structure would be visible relocation and
proposed eastern termination of The plan shall also include from a public right-of-way,or financial surety
Pruneridge Avenue,near The a design and proposed (if the barn is relocated off- (such as a bond or
Hamptons.The barn shall not be location for the site)the structure's character- line of credit)is
relocated to the second potential commemorative plaque. defining elements would be provided.
relocation site identified by Apple, to (2)If an on-site relocation is visible from a public right-of-
the west of the Central Plant,near the implemented, the plans way or public viewpoint.
southwestern property line of the shall adhere to the (2)The City shall verify that If the Glendenning
project site.This site is unacceptable relocation criteria identified the relocation of the barn has Barn is located off-
to the City because it would be in Mitigation Measure been documented in site,relocation
difficult to allow for the barn to be CULT-1a.The project accordance with the timing and funding
visible from a public right-of-way. sponsor shall prepare visual provisions of Mitigation would be per the
The lead agency shall ensure that any simulations that show that Measure CULT-1. terms in the
adopted measures to mitigate or the barn would be Development
avoid significant adverse changes to substantially visible from a Agreement.
the resource are full enforceable ublic ri ht-of-wa .
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through permit conditions, (3)If an off-site relocation is
agreements, or other measures.The implemented,the plans
following stipulations shall apply to shall adhere to the
the barn's on-site relocation: relocation criteria identified
• The following character-defining in Mitigation Measure
architectural elements of the barn CULT-1b.The project
shall Ue substantially visible froin sponsor shall prepare visual
a public right-of-way, per the simulations that show that
discretion of City staff: 1) the barn would be
size/scale of barn;2)board and substantially visible from a
batten siding(including windows, public right-of-way or
if possible);and 3)roofline. public viewpoint.
• The new site for the Glendenning (4)The project sponsor shall
Barn shall include open s�ace retain a qualified structure-
and/or land that can Ue converted moving company and a
to such use.The amount of open qualified historic architect
space shall be sufficient to to oversee the bariz
reference the area's historic relocation.
agricultural roots. (5)The project sponsor shall
■ The Glenderuling Barn shall be retain a qualified historic
relocated by a qualified structure- architect to document the
moving coinpany with experience relocation of the barn from
moving historic buildings. its current site to the new
• Relocation of the Glendenning site.
Barn shall be overseen by a
qualified historical architect.The
architect shall ensure that the barn
retains its significant character-
definin features at its new
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location, including its form,
proportion,structure, plan,style,
and materials.The historian shall
be responsible for documenting
relocation of the barn from its
current,historic site to its new site.
Documentation shall include
production of a report that
includes photographic
documentation of the move and a
historical context for the barn that
describes the resource's
significance in local history.
Copies of tlzis documentation shall
be offered to local libraries and
local historical societies, and
submitted to the Northwest
Information Center at Sonoma
State University.
• The Secretary of the Interior's
Standards for the Treatment of
Historic Properties(Standards)
shall be applied to the barn at its
new location.The Standards
consist of four possible treatments
for historic properties:
preservation,rehabilitation,
restoration,and reconstruction.
De endin on the nature of the
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barn's use at its new location and
its current condition, one or more
of these treatments shall apply.
■ The applicant shall provide a
plaque,reader board and/or other
educational tools to explain the
historic significance of the barn on
the project site.The plaque shall
include the City seal,name of the
resource, date it was built,a
written description, and
photograph, and shall be placed in
a location where the public can
view the information,not
necessarily on the barn.
OR
CULT-1b (Off-site Relocation):The
Glendenning Barn shall be relocated
off the project site to a new site within
Cupertino, subject to the approval of
the City.The lead agency shall ensure
that any adopted measures to
mitigate or avoid significant adverse
changes to the resource are fully
enforceable through permit
conditions,agreements, or other
measures.The followin sti ulations
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shall apply to the barn's relocation:
■ The new site for the Glendenning
Barn shall include open space
and/or land that can be converted
to such use.The amount of open
space shall be sufficient to refer-
ence the area's historic agricultural
roots.Appropriate uses of the new
site could include educational uses
determined by the City.Public
access could be permitted and is
encouraged,but is not required to
reduce impacts to the resource.
• If located on private property, the
following character-defining
architectural elements of the barn
shall be substantially visible from
a public right-of-way or(if the
barn and/or its surroundings are
publicly-accessible)a public
viewpoint,per the discretion of
City staff:1)size/scale of barn;2)
board and batten siding(including
windows, if possible);and 3)
roofline.
■ The Glendenning Barn shall be
relocated by a qualified structure-
moving company with experience
movin historic buildin s.
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• Relocation of tlle Glendenning
Barn shall be overseen by a
qualified historical architect.The
architect shall ensure that the barn
retains its significant character-
defining features at its new
location, including its form,
proportion, structure,plan, style, .
and materials.The historian shall
be responsiUle for documenting
relocation of the barn from its
current, historic site to its new site.
Documentation shall include
production of a report that includes
photographic documentation of the
move and a historical context for
the barn that describes the
resource's significance in local
history.Copies of this
documentation shall be offered to
local libraries and local historical
societies,and submitted to the
Northwest Information Center at
Sonoma State University.
■ The Secretary of the Interior's
Standards for the Treatment of
Historic Properties(Standards)
shall be a�plied to the barn at its
new location.The Standards
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consist of four possible treatments
for historic properties:
preservation,rehabilitation,
restoration,and reconstruction.
Depending on the nature of the
barn's use at its new location and
its current condition,one or more
of these treatments shall apply.
■ The applicant shall provide a
plaque,reader board and/or other
educational tools to explain the
historic significance of the barn,
both on the off-site location and on
the project site.The plaques shall
include the City seal,name of the •
resource,date it was built,a
written description, and photo-
graph,and shall be placed in a
location where the public can view
the information,not necessarily on
the barn.
CULT-2a:The project applicant shall (1)The project sponsor shall (1)For grading permits,the Prior to the issuance Date:
retain a qualified archaeologist to submit a Monitoring Plan to Director of Public Worlcs of grading and
monitor project ground-disturbing the City prior to shall verify that the contract building permits, Signature:
activities.Prior to project ground- undertaking ground- language in Mitigation and during project
disiurbing activities,the archaeologist disturbing activities. Measure CULT-2b is included construction
shall prepare a Monitoring Plan for in all appropriate activities.
the project.'The Monitoring Plan shall (2)Upon discovery of construction documents for
include: (1)a review of historical archaeolo ical resources in the ro'ect.
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maps,photographs,soil inventories, the presence of an archae-
and geotechnical reports to identify ological monitor, the project (2)For building permits, the
those locations where subsurface sponsor shall halt Community Development
historical features may occur and construction activities Department shall verify that
areas of prehistoric sensitivity;and (2) within 25 feet of the area the contract language in
a Discovery Plan that describes the while finds are being Mitigation Measure CULT-2b
specific methods and procedures that assessed by a qualified is included in all appropriate
will be used in the event that archaeologist.If deposits are construction documents for
archaeological deposits are identified. determined to be of the project.
Archaeological monitors shall be historical significance and
empowered to halt construction avoidance is not feasible, (3)The City shall review the
activities at the location of a discovery mitigation efforts shall be Monitoring Plan for adequacy
to review possible archaeological undertaken in accordance and verify that Mitigation
material and to protect the resource with Mitigation Measure Measures CULT-2a and
while the finds are being evaluated. CULT-2a. CULT-2b are followed in the
Monitoring shall continue until, in the event that the construction
archaeologist's judgment, cultural (3)The project sponsor shall contractor identifies a cultural
resources are not likely to be notify a qualified archae- resource during the con-
encountered. ological monitor and the struction period.
City, if deposits are encoun-
If deposits of prehistoric or historical tered during ground-
archaeological materials are disturbing activities(when a
encountered during project activities, monitor is not initially
all work within 25 feet of the present) and halt
discovery shall be redirected until the construction within 25 feet
archaeologist assesses the finds, of the deposits during such
consults with agencies as appropriate, time.If deposits are
and makes recommendations for the determined to be of
treatment of the discover .If historical si nificance and
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avoidance of the archaeological avoidance is not feasible,
deposit is not feasible,the mitigation efforts shall be
archaeological deposits s11a11 be undertaken in accordance
evaluated for their eligibility for with Mitigation Measure
listing in the California Register of CULT-2a.
Historical Resources.If the deposits
are not eligible,mitigation is not
necessary.If the deposits are eligible,
adverse effects on the deposits shall
be mitigated.Mitigation may include
excavation of the archaeological
deposit in accordance with a data
recovery plan(see CEQA Guidelines
Section 15126.4(b)(3)(C))and standard
archaeological field methods and
procedures;laboratory and technical
analyses of recovered archaeological
materials;preparation of a report
detailing the methods,findings, and
significance of the archaeological site
and associated materials;and
accessioning of archaeological
materials and a technical data
recovery report at a curation facility.
Upon completion of the assessment,
the archaeologist shall prepare a
report to document the methods and
results of the assessment.The re ort
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shall be submitted to the City of
Cupertino and the Northwest
Information Center at Sonoma State
University upon completion of the
resource assessment.
CULT-2b:If archaeological deposits
are encountered during project
subsurface construction when an
archaeological monitor is not present,
all ground-disturbing activities within
25 feet shall be redirected and a
qualified archaeologist contacted to
assess t11e situation,consult with
agencies as appropriate,and malce
recommendations for the treatment of
the discovery.The project applicant
shall inform its contractor(s) of the
sensitivity of the project area for
archaeological deposits.The City shall
verify that the following directive has
been included in the appropriate
contract documents:
"If prehistoric or historical
archaeological deposits are
discovered during project activities,
all work within 25 feet of the
discover shall be redirected and a
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qualified archaeologist contacted to
assess the situation,consult with
agencies as appropriate,and make
recommendations regarding the
treatment of the discovery.
Project personnel shall not collect or
move any archaeological materials or
human remains and associated
materials.Archaeological resources
can include flaked-stone tools(e.g.,
projectile points,knives,choppers)or
obsidian,chert,basalt,or quartzite
toolmaking debris;bone tools;
culturally darkened soil(i.e.,midden
soil often containing heat-affected
rock,ash and charcoal,shellfish
remains, faunal bones,and cultural
materials);and stone-milling equip-
ment(e.g.,mortars,pestles,
handstones).Prehistoric
archaeological sites often contain
human remains."
Adverse effects to archaeological
deposits shall be treated in
accordance with Mitigation Measure
CULT-2a.
CULT-3:Should paleontological Upon discovery of (1)For grading permits, the Prior to the issuance Date:
resources be encountered durin aleontolo ical resources Director of Public Works of radin ,buildin ,
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project subsurface construction the project sponsor shall shall verify that the contract or occupancy Signature:
activities, all ground-disturbing halt construction activities language in Mitigation permits and during
activities within 25 feet shall be within 25 feet of the area Measure CULT-2b is included project construction
redirected and a qualified and notify a qualified in all appropriate activities.
paleontologist contacted to assess the paleontologist and the City. construction documents for
situation, consult with agencies as If deposits are determined the project.
appropriate, and make to be significant and (2)The Community
recommendations for the treatment of avoidance is not feasible, Development Department
the discovery.If found to be mitigation efforts shall be shall verify that the contract
significant, and project activities undertalcen in accordance language in Mitigation
cannot avoid the paleontological with Mitigation Measure Measure CULT-3 is included
resources, adverse effects to CULT-3. in all appropriate
paleontological resources shall be construction documents for
mitigated.Mitigation may include the project.
monitoring, recording the fossil (3)The City shall verify that
locality, data recovery and analysis,a Mitigation Measure CULT-3
final report,and accessioning the is followed in the event that
fossil material and technical report to the construction contractor
a paleontological repository. identifies paleontological
Public educational outreach may also resources during the
be appropriate.Upon completion of construction period.
the assessment,a report documenting
inethods, findings, and
recommendations shall be prepared
and submitted to the City of
Cupertino for review, and (if
paleontological materials are
recovered)a paleontological
re ositor ,such as the Universit of
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California Museum of Paleontology.
The project applicant shall inform its
contractor(s)of the sensitivity of the
project area for paleontological
resources.The City shall verify that
the following directive has been
included in the appropriate contract
documents:
"The subsurface of the construction
site may be sensitive for
paleontological resources.If
paleontological resources are
encountered during project
subsurface construction and a
paleontologist is not on-site, all
ground-disturbing activities within
25 feet shall be redirected and a
qualified paleontologist contacted to
assess the situation,consult with
agencies as appropriate,and make
recommendations for the treatment
of the discovery.Project personnel
shall not collect or move any
paleontological materials.
Paleontological resources include
fossil lants and animals,and such
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trace fossil evidence of past life as
tracks.Ancient marine sediments may
contain invertebrate fossils such as
snails, clain and oyster shells,
sponges, and protozoa;and vertebrate
fossils such as fish,whale, and sea
lion bones.Vertebrate land mammals
may include bones of inammoth,
camel,saber tooth cat,horse,and
bison.Paleontological resources also
include plant imprints,petrified
wood,and aniinal tracl<s."
CULT-4:If human remains are Upon discovery of human (1)For grading permits, the Prior to the issuance Date:
encountered during construction, the remains the project sponsor Director of Public Works of grading,building,
project s11a11 implement Mitigation shall halt construction shall verify that the contract or occupancy Signature:
Measure CULT-2a(archaeological activities within 25 feet of language in Mitigation permits and during
monitoring) to identify and treat any the area,notify a qualified Measure CULT-2b is included project construction
human remains that inay be present. archaeologist and the City, in all appropriate activities.
and treat remains in construction documents for
In addition,any human remains accordance with California the project.
encountered during project ground- Health and Safety Code (2)The Community
disturbing activities shall be treated in Section 7050.5. Development Department
accordance with California Health and shall verify that the contract
Safety Code Section 7050.5.The project language in Mitigation
applicant shall inform its contractor(s) Measure CULT-4 is included
of the sensitivity of the project site for in all appropriate
human remains.The City shall verify construction documents for
that the following directive has been the project.
included in the appropriate contract (3)The Cit shall verif that
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documents: Mitigation Measure CULT-4
is followed in the event that
"If human remains are uncovered, the construction contractor
work within 25 feet of the discovery identifies human remains
shall be redirected and the County during the construction
Coroner notified immediately.At the period.
same time,an archaeologist shall be
contacted—if one is not already on site
—to assess the situation and consult
with agencies as appropriate.Project
personnel shall not collect or move any
human remains or associated
materials.If the human remains are of
Native American origin,the Coroner
must notify the Native American
Heritage Commission within 24 hours
of this identification.The Native
American Heritage Commission will
identify a Native American Most
Likely Descendant to inspect the site
and provide recommendations for the
proper treatment of the remains and
associated rave oods:'
F. GEOLOGY,SEISMICITY,AND SOILS
GEO-1: Prior to the issuance of any (1)The project sponsor shall (1)The Community Prior to issuance of ' Date:
site-specific grading or building submit a design-level Development Department grading,building,or
permits,a design-level geotechnical geotechnical report, and Department of Public occupancy permits. Signature:
report shall be prepared and prepared by a licensed Works
submitted to the Ci of Cu ertino rofessional containin shall review the final desi n-
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Building Department for review and recommendations for level geotechnical
approval and in accordance with specific building tecllniques investigation to ensure that
adopted City standards.The structural appropriate for minimizing all recommendations, design
designs shall adhere to the 2010 damage from seismic events criteria,and specifications set
California Building Code(CBC) or the and expansive and forth in the report are
appropriate building code,as adopted corrosive soils. adequate to reduce the risk
by the City of Cupertino.Examples of (2�All recommendations in associated with seismic
the 1<inds of ineasures that would the report shall be shaking hazards and
typically be used to meet these incorporated into plans for expansive and corrosive soils.
requirements include pile-supported the specific development (2)The City shall verify that
foundations, use of pre-stressed project(s)addressed in the the recommendations of the
concrete materials, slab reinforcement, report. design-level geotechnical
compaction specifications, drainage investigation are
requirements, use of control joints, incorporated into all
and appropriate safety factors.The applicable project plans.
report shall identify specific building
techniques appropriate for
minimizing damage froin seismic
events, including liquefaction and
lateral spreading.In addition,the
following requirement for the
geotechnical and soils report shall be
met:
■ The seismic hazard analysis
presented in the geotechnical
report shall include an evaluation
of liquefaction hazards in the
Calabazas Creek area, and shall
conform to the California Division
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oE Mines and Geology
recommendations presented in the
Guidelines for Evaluating and
Mitigating Seismic Hazards in
C�lifornia.
■ Design review for the project shall
include evaluation of fixtures,
furnishings,and fasteners with the
intent of minimizing collateral
injuries to building occupants
from falling fixtures or furnishings
during the course of a violent
seismic event.
■ All design criteria and
specifications set forth in the
design-level geotechnical report
shall be implemented as a
condition of project approval.This
report shall address the final
specifications for design and
construction intended to limit the
effects oE seismic hazards to
structures and utilities, including
but not limited to:foundation
design,driven piles,utility
corridor design, excavation
subgrade preparation, fill
materials and compaction
s ecifications,retainin walls and
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concrete pavement specifications,
and drainage and dewatering
design.This report shall be
completed as a condition of
approval of the vesting tentative
map or adoption of the
develo ment a reement.
GEO-2:The design-level geotechnical See Mitigation Measure See Mitigation Measure GEO- See Mitigation Date:
report shall include recommendations GEO-1. 1. Measure GEO-1.
for foundations and improvements, Signature:
including sidewalks,parking lots, and
subsurface utilities, that take into
consideration the potential effects of
expansive and corrosive soils.The
report shall be submitted to the City
of Cupertino Building Department for
review and approval.All design
criteria and specifications set forth in
the design-level geotechnical report
shall be implemented as a condition
of ro'ect a roval.
G. HYDROLOGY AND WATER QUALITY
HYD-1:As a condition of approval for (1)The project sponsor shall 'The Public Works Prior to issuance of Date:
constrLiction permits, the City prepare a hydrology/ Department shall review and grading,building, or
Engineer shall review storin drainage hydraulic analysis of the verify the occupancy permits. Signature:
plans and calculations for the project, existing storm drain system hydrology/hydraulic analysis,
and verify whether existing storm to verify it is adequately and subsequently require
drain infrastructure affected by the sized to accommodate the improvements if necessary.
ro'ect will meet current Cit runoff from the ro'ect. The Cit shall review and
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requirements, including the ability to (2)The project sponsor shall approve plans for any such
convey a 10-year storm event,as submit copies of the improvements if they are
storm events are calculated per analysis to the City determined to be necessary.
standards set forth in the Santa Clara Engineer. The final improvements shall
County Drainage Manual(2007). be inspected by the
(3)If facilities are deemed
Should the City Engineer determine inadequate,the project Department of Public Works
that the existing storm drain facilities sponsor shall submit plans prior to issuance of
are inadequate to convey a 10-year for the construction of occupancy permits.
storm event,the project applicant necessary upgrades to the
shall be responsible for the design City Engineer.
and construction of the necessary �4)Upon completion of
modifications.Upon completion the upgrades,the project
improvements will be dedicated to sponsor will dedicate the
the City and the City will be facilities to the City.
responsible for ongoing maintenance,
repair,and other liabilities associated
with the im rovements.
H. HAZARDS AND HAZARDOUS MATERIALS
HAZ-1a:The contractor(s)shall 1fie project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
designate storage areas suitable for ensure that the following Department shall verify that of grading,
material delivery,storage,and waste components are integrated the construction plans for the demolition or Signature:
collection.These locations must be as into the construction plans project include: building permits.
far away from catch basins, gutters, for the project: (1)designation of areas for
drainage courses, and Calabazas (1) designation of areas for material delivery,storage,
Creek as feasible.All hazardous material delivery,storage, and waste collection;
materials and wastes used or and waste collection; (2)provisions for
generated during project site develop- (2)provisions for maintenance of an inventory
ment activities shall be labeled and maintenance of an of hazardous materials
stored in accordance with applicable invento of hazardous retained on-site;and
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local,State, and federal regulations.In materials retained on-site; (3) emergency preparedness
addition, an accurate up-to-date and and response procedures.
inventory, including Material Safety (3) emergency preparedness
Data Sheets, shall be maintained on- and response procedures.
site to assist emergency response
personnel in the event of a hazardous
materials incident.
All maintenance and fueling of
vehicles and equipment shall be
performed in a designated,bermed
area,or over a drip pan that will not
allow runoff of spills.Vehicles and
equipment shall be regularly checked
and leaks shall be repaired promptly
at an off-site location.Secondary
containment shall be used to catch
leaks or spills any time that vehicle or
equipment fluids are dispensed,
changed, or poured.
Mitigation Measure HAZ-1b:
Emergency preparedness and response
procedures shall be developed by the
contractor(s) for emergency
notification in the event of an
accidental spill or other hazardous
materials emergency during project
site re aration and develo ment
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activities.These procedures shall
include evacuation procedures, spill
containment procedures, and required
personal protective equipment,as
appropriate,in responding to the
emergency.The contractor(s)shall
subrnit these procedures to the City of
Cupertino for approval prior to
demolition,site preparation,or
development activities.
Compliance with these mitigation
measures may occur in coordination
with compliance with the Storm Water
Pollution Prevention Plan and Best
Management Practices required for the
proposed project(see Section V.G,
Hydrology and Water Quality, for
additional detail).
HAZ-2a:Construction at the project The project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
site shall be conducted under a prepare a project-specific Department shall verify that of grading,
project-specific Environmental Site ESMP and shall undertake construction plans include demolition or Signature:
Management Plan(ESMP)that is construction activities in soil and groundwater building permits.
prepared in consultation with the accordance with the ESMP. management protocols
RWQCB.The purpose of tlze ESMP is identified in the ESMP
to protect construction workers,the The project sponsor shall (including VOC management
general public, the environment,and prepare a project-specific protocols for development in
future site occupants from subsurface vapor intrusion assessment, the northwestern corner of
hazardous materials reviousl and shall incor orate into the ro'ect site).
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identified at the project site and to the project design soil vapor
address the possibility of mitigations or controls or
encountering unknown contam- source removal,as
ination or hazards in the subsurface. appropriate.
The ESMP shall summlrize soil and
groundwater analytical data collected
on the project site during past
investigations; identify management
options for excavated soil and
groundwater, if contaminated media
are encountered during deep
excavations;and identify monitoring,
irrigation, or other wells requiring
proper abandonment in compliance
with local,State, and federal statutes
and regulations.
The ESMP shall include measures for
identifying, testing, and inanaging
soil and groundwater suspected of or
known to contain hazardous
materials.The ESMP shall: 1) provide
procedures for evaluating,handling,
storing, testing, and disposing of soil
and groundwater during project
excavation and dewatering activities,
respectively;2) describe required
worker health and safety provisions
for all workers potentially exposed to
hazardous materials in accordance
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with State and federal worl<er safety
regulations;and 3)designate
personnel responsible for
implementation of the ESMP.
HAZ-2b:For areas at the project site
with potential residual VOCs in soil,
soil gas, or groundwater that are
planned for redevelopment with an
overlying occupied building,a vapor
intrusion assessment shall be
performed by a licensed
environmental professional. These
areas include the northwestern corner
of the site at the Hewlett-Packard
Building 42 area and the 10400 North
Tantau Avenue property.If the
results of the vapor intrusion
assessment indicate the potential for
significant vapor intrusion into an
occupied building,project design
shall include vapor controls or source
removal,as appropriate,in
accordance with regulatory agency
requirements.Soil vapor mitigations
or controls could include passive
venting and/or active venting. The
vapor intrusion assessment and
associated va or controls or source
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removal can be incorporated into the
ESMP(Miti ation Measure HAZ-2a).
HAZ-3:Hazardous building inaterials The project sponsor shall The Santa Clara County Fire Prior to the issuance Date:
surveys shall be conducted by a ensure that hazardous Department shall verify that of grading,
qualified and licensed professional for building materials surveys all abatement activities have demolition, or Signature:
all structures,not previously are conducted prior to been certified by a qualified building permits.
inspected or abated,proposed for demolition and that all environmental professional.
demolition or renovation at the hazardous materials are
project site.ACM shall be included in abated in accordance with
the hazardous materials building existing regulations.The
surveys for buildings constructed project sponsor shall submit
prior to 1981.Lead-based paint shall to the City, a report
be included in all hazardous material prepared by a qualified
surveys.All loose and peeling lead- environmental professional,
based paint and ACM shall be abated that documents the
by certified contractor(s)in completion of all abatement
accordance with local,State, and activities.
federal requirements.All other
hazardous materials, such as
"universal wastes," shall be removed
from buildings prior to demolition in
accordance with DOSH regulations.
The completion of the abatement
activities shall be documented by a
qualified environmental
professional(s) and submitted to the
City of Cupertino prior to the
issuance of construction and
demolition ermits.
39
LSA ASSOCIATES, INC. APPLE CARiPUS 2 PROJECT EIR
SEPTEMBER 201J �11TIGATION MONITORINC AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
HAZ-4:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. HAZ-1 and HAZ-2. Measures HAZ-1
and HAZ-2. Si nature:
I. TRANSPORTATION AND CIRCULATION
TRANS-1:As part of the project,the The project sponsor shall The Public Works Prior to entering Date:
project sponsor shall construct an diligently pursue Mitigation Department shall review into a street
additional westbound lane at Measure TRANS-1, plans for the mitigation improvement Signature:
intersection#21 Wolfe Road/I-280 including seeking approval measure.and facilitate agreement,
Northbound Ramps to provide for from Caltrans, and,if discussions with Caltrans in including providing
dual left-turn and dual right-turn approved,shall implement order to implement this funding for
lanes.With the additional lane,the Mitigation Measure TRANS- measure. Caltrans,or bonds
intersection would operate at 1.The project sponsor shall or other surety to
acceptable LOS B (17.1 seconds) provide detailed guarantee the
during the AM peak hour.However, construction plans and shall improvement, the
the off-ramp intersection is under construct the mitigation project sponsor shall
Caltrans jurisdiction.TlZerefore, measure,or shall provide have plans
neither the project sponsor nor the funding to Caltrans approved by the
City of Cupertino can ensure the adequate for the design and City and Caltrans.In
implementation of the proposed construction of the the event that the
mitigation measure;thus the impact is improvement. project sponsor can
considered significant and demonstrate to the
unavoidable. satisfaction of tlle
Public Works
Department that,
despite their best
eEforts,sufficient
progress has not
been made with the
res onsible a enc ,
. �
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 201J MITICATIOIV MONITORINC AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
the funding shall be
held in escrow in
lieu of the design
and construction of
the mitigation
measure,subject to
the requirements of
Government Code
Section 66001(d .
TRANS-2:At intersection#31 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Vallco Parkway, the project submit detailed Department shall review and into a street
sponsor shall construct an exclusive construction plans prepared approve plans.In addition, improvement Signature:
northbound through lane(for a total in accordance with the the City shall verify that trees agreement,
of one left-turn lane,one through requirements of the City of affected by construction o€ including bonds or
lane, and one shared through/right- Cupertino for the the measure are mitigated in other surety to
turn lane), and a receiving lane on the construction of the accordance with Mitigation guarantee the
north side of the intersection which mitigation measure and Measures BIO-1 and BIO-3. improvements, the
would improve intersection construct the mitigation project sponsor shall
operations to acceptable LOS C(26.1 measure. have plans
seconds). approved by the
City.
The proposed mitigation measure
could have secondary impacts to the
trees along the east side of Tantau
Avenue.The roadway would need to
be widened to the east, to provide for
a bike lane to the right of the travel
lane and the sidewalk adjacent to the
bike lane.Secondar im acts
41
LSA ASSOCIATES, INC. APPLE CAhiPUS 2 PROJECT EIR
SEPTEMBER 2017 h11TICATtON AIONITORINC AND REPORTINC PROGRA�t
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
associated with the removal of trees
that are protected under the City of
Cupertino's Tree Protection
Ordinance could occur with the
identified mitigation measure.
Impacts BIO-1 and BIO-3 in Section
V.D,Biological Resources in DEIR
addresses these potential secondary
im acts.
TRANS-3:At intersection#36 Stevens The project sponsor shall The Public Works Prior to entering Date:
Creek Boulevard/Calvert Drive/I-280 diligently pursue Mitigation Department shall review into a street
Ramps(west), the project sponsor Measure TRANS-3, plans for the mitigation improvement Signature:
shall construct an exclusive including seeking approval measure and facilitate agreement with the
eastbound right-turn lane(for a total from Caltrans and the City discussions with Caltrans and City of Cupertino,
of three through lanes and one right- of Santa Clara, and,if the City of Santa Clara in the project sponsor
turn lane)and provide an eastbound approved,shall implement order to implement this shall have plans
right-turn overlap phase.This would Mitigation Measure measure.` approved by the
improve intersection operations to TRANS-3.The project City of Santa Clara
_acceptable LOS E+.To accommodate sponsor shall provide and provide a
the added lane the existing buffer detailed construction plans financial guarantee
between the roadway and sidewalk and construct the mitigation for the mitigation
would need to be eliminated and the measure,or shall provide measure.In the
sidewalk pushed closer to the existing funding to the City of Santa event that the
fence on the south side oE Stevens Clara(up to a maximum of project sponsor can
Creek Boulevard.This mitigation $550,820)to design and demonstrate to the
measure would also require construct either(1) the satisfaction of the
relocation of an existing streetlight, identified mitigation Public Works
fire hydrant,and utility pole. measure or;(2)an alternate Department that,
im rovement which would des ite their best
42
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITICATION MONITORINC AND REPORTING PROCRAM�
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
This intersection is a CMP intersection mitigate the impact to the efforts, the City of
and is located within the City of Santa satisfaction of the City of Santa Clara will not
Clara.It is also under Caltrans Cupertino's Public Works approve the
jurisdiction.The project sponsor Department. identified mitigation
would be required to coordinate with measure,then the
the City of Santa Clara and Caltrans project sponsor shall
to construct the identified physical provide the
improvement at the Stevens Creek maximum funding
Boulevard/Calvert Drive/I-280 Ramp to the City of
(west)intersection.Since this Cupertino to be held
intersection is outside of the City of in escrow until an
Cupertino's jurisdiction, the City alternate
cannot guarantee that the improvement
improveinent would be constructed. satisfactory to the
For this reason tlle impact would City of Cupertino's
remain significant and unavoidable. Public Works
Department is
approved, subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
43
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMDER 2013 AtITICATION ��tONITORING AND REPORTINC PROCRAAI
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
ro'ect s onsor.
TRANS-4:At intersection#5 De Anza The project sponsor shall The Public Works Prior to entering Date:
Boulevard/Homestead Road the submit detailed Department shall review and into a street
project sponsor shall construct an construction plans prepared approve plans for the improvement Signature:
exclusive southbound right-turn lane in accordance with the mitigation measure.In agreement,
(for a total of two left-turn lanes,three requirements of the City of addition, the City shall verify including bonds or
through lanes, and one right-turn Cupertino for the that trees affected by other surety to
lane)which would improve construction of the construction of the measure guarantee the
intersection operations to LOS E+, mitigation measure and are mitigated in accordance mitigation measure,
Although still considered an construct the mitigation with Mitigation Measures the project sponsor
unacceptable LOS based on measure. BIO-1 and BIO-3. shall have plans
Cupertino's standards, this mitigation approved by the
measure would improve operations City.
over Background No Project
Conditions.
With the mitigation measure
identified above,secondary impacts
associated with the removal of trees
could occur.Trees are protected
under the City of Cupertino's Tree
Protection Ordinance.Impacts BIO-1
and BIO-3 in Section V.D,Biological
Resources addresses these potential
secondary impacts related to potential
tree removal.
TRANS-5:At intersection#21 Wolfe See Mitigation Measure See Mitigation Measure See Mitigation Date:
Road/I-280 Northbound Ramps,the TRANS-1. TRANS-1. Measure TP�ANS-1.
ro'ect s onsor shall im lement Si nature:
..
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 201J MITICATION MONITORINC AND REPORTtNC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
Mitigation Measure TRANS-1
(provide dual left-and right-turn
lanes on the off-ramp),which would
improve intersection operations to
acceptable LOS B (18.0 seconds).
However, the off-ramp intersection is
under Caltrans jurisdiction.
Therefore,neither the applicant nor
the City of Cupertino can ensure the
implementation of the proposed
mitigation ineasure;thus the impact is
considered significant and
unavoidable.
TRANS-6:At intersection#27 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Homestead Road the project submit detailed construction Department shall review and into a street
sponsor shall construct an exclusive plans prepared in approve plans for the improvement Signature:
right-turn lane froin eastbound accordance with the mitigation measure.In agreement,
Homestead Road to southbound requirements of the City of addition, the City shall verify including bonds or
Tantau Avenue(for a total of one Cupertino for the mitigation that trees affected by other surety to
eastbound left-turn lane, two measure.The project construction of the measure guarantee the
eastbound through lanes, and one sponsor shall construct the are mitigated in accordance mitigation measure,
eastbound right-turn lane),which mitigation measure.For any with Mitigation Measures the project sponsor
would iinprove intersection protected trees that are BIO-1 and BIO-3. shall have plans
operations to acceptable LOS D-(52.6 affected, the project sponsor approved by the
seconds). shall implement Mitigation City.
Measures BIO-1 and BIO-3.
With the mitigation measure
identified above, secondary impacts
associated with the removal of trees
45
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 201J MITICATION MONITORING AND REPORTING PROGRAM1I
Responsible ParEy/ Date
Mitigation Measure Implementing Procedure Moniioring Action Timing Cornpleted/
Signature
could occur.Trees are protected
under the City of Cupertino's Tree
Protection Ordinance.Impacts BIO-1
and BIO-3 in Section V.D,Biological
Resources addresses these potential
secondary impacts related to potential
tree removal.
TRANS-7:At intersection#31 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Vallco Parkway,the project TRANS-2. TRANS-2. Measure TRANS-2.
sponsor shall implement Mitigation Signature:
Measure TRANS-2(add exclusive
northbound through lane),which
would improve intersection
operations to acceptable LOS C(28.7
seconds).
TRANS-8:At intersection#32 Tantau The project sponsor shall The Public Works Prior to entering Date:
Avenue/Stevens Creek Boulevard,the submit detailed Department shall review and into a street
project sponsor shall construct a 100- construction plans prepared approve plans for the improvement Signature:
foot exclusive southbound right-turn in accordance with the mitigation measure.. agreement,
lane(for a total of two southbound requirements of the City of including bonds or
left-turn lanes and one southbound Cupertino for the other surety to
right-turn lane),with associated construction of the guarantee the
improvements in the right-of-way, mitigation measure and mitigation measure,
which would improve intersection construct the mitigation the project sponsor
operations to acceptable LOS D(46.8 measure. s11a11 have plans
seconds). approved by the
Cit .
TRANS-9a:At intersection#36 TRANS-9a The project TRANS-9a:The Public Works Date:
Stevens Creek Boulevard/Calvert s onsor shall rovide De artment shall review
. �
LSA ASSOCIATES, INC. APPI,E CAMPUS 2 PROJECT EIR
SEPTEMDER 2013 MITICATION MONiTOR11VG AIVU REPORTIIVC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
Drive/I-280 Ramps(west), the project detailed construction plans plans for the mitigation TRANS-9a:Prior to Signature:
sponsor shall implement Mitigation and shall construct the measures and facilitate entering into a street
Measure TRANS-3(add exclusive mitigation measure,or shall discussions with the City of improvement
eastbound right-turn lane), which provide funding to the City Santa Clara to implement this agreement with the
would improve intersection of Santa Clara(up to a measure. City of Cupertino,
operations to 112.2 seconds (LOS F). maximum of$1,531,288) to the project sponsor
However, the Stevens Creelc design and construct either TRANS-9b:The Community shall have plans
Boulevard/Calvert Drive/I-280 Ramps (1) the identified mitigation Development Department approved by the
(west)intersection would continue to measure or; (2)an alternate shall undertake the following City of Santa Clara
operate unacceptably.Providing a improvement which would TDM monitoring tasks, as and provide a
channelized free right-turn lane with mitigate the impact to the summarized below (refer to financial guarantee
a third eastbound receiving lane on satisfaction of the City of pages 441-447 of the Draft EIR for the mitigation
the connector link between Stevens Cupertino's Public Works for additional detail): measures. In the
Creek Boulevard and Lawrence Department. (1)The City shall retain, at the event that the
Expressway, for a distance of project sponsor's cost, an project sponsor can
approximately 1,250 feet including a TRANS-9b:The project independent City-approved demonstrate to the
pedestrian-actuated traffic signal to sponsor shall implement an transportation planning/ satisfaction of the
allow for protected pedestrian expanded TDM Program engineering firm to, on an Public Works
crossings to the pedestrian refuge that results in a 34 percent annual basis,collect vehicle Department that,
island,would iinprove intersection alternative mode partic- counts for all project drive- despite their best
operations to LOS D+with 38.6 ipation rate,as summarized Ways and/or parking facilities efforts, the City of
seconds of delay. below (refer to pages 441- over a 2-week period.The Santa Clara will not
TRANS-9b:The project sponsor shall 447 of the Draft EIR for report shall primarily identify approve the
expand the TDM program to reduce additiorlal detail): whether the project is identified mitigation
�the severity of the impact per the TDM (1)Implement"New and generating more than 4,270 measure, then the
Program Expansion subsection. Expanded Project TDM AM peak hour trips and 4,400 project sponsor shall
Increasing the TDM participation and Measures" listed on page PM peak hour trips,but shall provide the
associated alternative mode share 442 of the Draft EIR. also report the trip rates maximum funding
from 28 percent to 34 percent would �2�Startin 6 months after expressed as AM and PM to the City of
47
LSA ASSOCIATES, INC. APPLE CAkIPUS 2 PROJECT EIR
SEPTEMBER 2013 �IITIGATION MONITORINC ANU REPORTINC PROGRAhI
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
improve operations to LOS F(142.8 occupancy of Phase 1,no peak hour vehicle trips per Cupertino to be held
seconds)without implementation of later than February 15�h of employee.The City shall in escrow until an
TRANS-3;however it would not each year, the project review and approve this alternate
reduce the impact to a less-than- sponsor shall, provide an report. improvement
significant level.A robust monitoring annual report to the City for (2)If AM or PM peak hour satisfactory to the
program has been identified in the the prior calendar year, trips counts are exceeded, the City of Cupertino's
TDM Program Expansion subsection describing the specific TDM City shall notify and meet Public Works
and shall be required to ensure that measures that are being with the project sponsor to Department is
this TDM program mitigation implemented,the number of develop a plan and identify approved, subject to
measure is implemented and that the employees/contract new TDM measures to achieve the requirements of
required trip reduction is achieved. employees on the site,and the peak hour trip counts. Government Code
Details of the TDM program are the success of the measures Follow-up monitoring shall be Section 66001(d).
discussed in the TDM Program expressed in AM conducted within 60 days of The funds will be
Expansion subsection, and PM peak hour vehicle implementation of new TDM released to the
trips and vehicle trips per measures. responsible agency
employee. (3)If the project sponsor does once the project is
The annual report shall also not agree to implement City- approved and
include data on Apple approved TDM measures,the programmed,with
transit ridership,public City shall assess the project any excess funds
transit ridership, sponsor a$5 per day trip returned to the
cycling/walking volumes, penalty(indexed to the project sponsor.
and carpool volumes. Consumer price Index)for all
(3)If one or both of the AM trips above 4,270 AM peak- TRANS-9b:
and PM peak hour vehicle hour vehicle trips and 4,400 The Community
trip counts(i.e.,4,720 AM PM peak-hour vehicle trips Development
peak-hour vehicle trips and during the monitoring period. Department shall
4,400 PM peak hour vehicle (4)If the project sponsor conduct annual
trips)are exceeded,the agrees to implement City- monitoring for the
project sponsor shall meet a roved TDM measures and first 10 years of the
48
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 201J MITIGATION MONITORINC AIVD REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
with the City to develop a follow-up monitoring project.If in the last
plan and implement new (conducted within 60 days of 3 years of the 10-
TDM measures (including implementation of new TDM year period the peak
those"Additional TDM measures)indicates that peak hour trip counts are
Measures" listed on page hour trip counts are still not exceeded,
443 of the Draft EIR) to meet exceeded, the City shall monitoring shall be
the required trip counts. assess Apple a$3 per day trip conducted every
These TDM measures shall penalty(indexed to the other year.
be implemented by the Consumer price Index)for all However, if any
project sponsor within 60 trips above 4,270 AM peak- monitoring reports
days of being notified by the hour vehicle trips and 4,400 for the last 3 years
City that the peak hour trip PM peak-hour vehicle trips indicate that the
counts are being exceeded. during the reporting period. peak hour trips
(4)If one or both of the AM (5)Trip penalty fees collected counts are being
and PM peal<hour vehicle by the City shall be used to exceeded,
trip counts are not provide for City-wide monitoring shall be
exceeded, the project implementation of TDM conducted on an
sponsor shall continue to programs and improvement annual basis until
implement TDM measures of bike and pedestrian the peak hour trip
to maintain that facilities. counts have not
compliance. been exceeded for
(5)If,even after three consecutive
implementation of new annual reports.
TDM measures, the AM
and PM peak hour vehicle
trip counts are exceeded,
the project sponsor shall
meet with the City to
reevaluate the lan and
49
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEAI6ER 201] D1ITIGATION AfONITORING AND REI'ORTINC PROCRAAt
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
implement new TDM
measures to meet the
required trip counts.These
TDM measures shall be
implemented by the project
sponsor within 60 days of
being notified by the City
that the peak hour trip
counts continue to be
exceeded.
(6)The project sponsor shall
pay annual monitoring
costs of Mitigation Measure
TRANS-9b, including the
cost to conduct monitoring
and City staff time to
review the annual
monitoring reports.
(7)The project sponsor shall
pay all fees associated with
exceedances of the AM and
PM peak hour vehicle trip
counts.
TRANS-10:At intersection#40 The project sponsor shall The Public Works Department Prior to entering Date:
Stevens Creek Boulevard/Lawrence diligently pursue Mitigation shall review plans for into a street
Expressway(east) the project sponsor Measure TRANS-10, construction of the mitigation improvement Signature:
shall construct a northbound left-turn including seeking approval measure,and facilitate agreement with the
lane(for a total of two exclusive left- from the City of Santa Clara, discussions with VTA and the City of Cupertino,
turn lanes,one shared left- and, if a roved,shall Ci of Santa Clara in order to the ro'ect s onsor
50
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEh16ER 2013 MITICATION MONITOR►NG AND REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
turn/through lane, and shared implement Mitigation implement this measure. shall have plans
through/right-turn lane) from Measure TRANS-10.The approved by the
nortllbound Lawrence Expressway to project sponsor shall City of Santa Clara
westbound Stevens Creelc Boulevard. provide detailed and provide a
This mitigation would improve construction plans and s11a11 financial guarantee
intersection operations to LOS D(49.7 construct the mitigation for the mitigation
seconds).This improvement is measure, or shall provide measure.In the
physically feasible;however, it would funding to the City of Santa event that the
require the construction of a retaining Clara(up to a maximum of project sponsor can
wall and modifications to the $1,276,601)to design and demonstrate to the
eastbound approach to accommodate construct either(1)the satisfaction of the
the additional left-turn lane. identified mitigation Public Works
measure or; (2)an alternate Department that,
This intersection is a CMP intersection improvement which would despite their best
located within the City of Santa Clara. mitigate the impact to the efforts, the City of
The project sponsor would be satisfaction of the City of Santa Clara will not
required to coordinate with VTA, City Cupertino's Public Works approve the
of Santa Clara, and other responsible Department. identified mitigation
agencies to construct the identified measure, then the
physical iinprovement at the Stevens project sponsor shall
Creek Boulevard/Lawrence provide the
Expressway Ramps (east) maximum funding
intersection.Since this intersection is to the City of
outside of the City of Cupertino's Cupertino to be held
jurisdiction, the City cannot guarantee in escrow until an
that the improvement would be alternate
constructed.For this reason the improvement
impact would remain significant and satisfactory to the
unavoidable. Cit of Cu ertino's
51
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMUER 2013 � M11ITICATION MONITORING AND REPORTING PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
Public Works
Department is
approved,subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-11:At intersection#41 Tl�e project sponsor shall T'he Public Works Department Prior to entering Date:
Lawrence Expressway/I-280 diligently pursue Mitigation shall review plans for the into a street
Southbound Ramps,the project Measure TRANS-1, mitigation measure and improvement Signature:
sponsor shall construct an exclusive including seeking approval facilitate discussions with agreement with the
eastbound through lane(for a total of from the County of Santa Caltrans,VTA, and the City of Cupertino,
one shared left-turn/through lane,one Clara,and,if approved, County of Santa Clara in order the project sponsor
through lane, and one right-turn shall implement Mitigation to implement this measure. shall have plans
lane),which would improve Measure TRANS-1.The approved by the
intersection operations to acceptable project sponsor shall In addition,the City shall County of Santa
LOS E+(56.9 seconds).The mitigation provide detailed verify that all provisions of Clara and provide a
measure would require the construction plans and shall the Streambed Alteration financial guarantee
construction of a new retaining wall construct the mitigation Agreement are met prior to for the mitigation
along I-280,since Calvert Road would measure,or shall provide and during construction of ineasure.In the
need to be curved to ro erl ali n fundin to the Coun of the im rovement. event that the
52
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEh16ER 2013 MITIGATION MONITORINC AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
with two receiving lanes at the on- Santa Clara(up to a project sponsor can
rainp.There is existing right-of-way maximum of$2,923,074)to demonstrate to the
to accommodate this mitigation design and construct either satisfaction of tl,e
measure. (1)the identified mitigation Public Works
However, the measure would require measure or; (2)an alternate Department that,
widening the existing bridge that improvement which would despite their best
crosses the creek running parallel to mitigate the impact to the efforts, the County
the west side of Lawrence satisfaction of the City of of Santa Clara will
Expressway.The widening would Cupertino's Public Works not approve the
cause secondary impacts to the creek. Department. identified mitigation
Potential secondary impacts to the The project sponsor shall measure,then the
creek associated with widening the seek a Streambed Alteration project sponsor shall
existing bridge as a traffic mitigation Agreement from the provide the
measure are addressed in Section California Department of maximum funding
V.D,Biological Resources. Fish and Wildlife(CDFW) to the City of
and any other applicable Cupertino to be held
This intersection is a CMP intersection regulatory permits for creek in escrow until an
on a County expressway and portions intrusion and shall comply alternate
are lil<ely within Caltrans right-of- with all conditions identified improvement
way.The project sponsor would be in t11e Streambed Alteration satisfactory to the
required to coordinate with VTA, the Agreement or other City of Cupertino's
County of Santa Clara,and other regulatory permit. Public Works
responsible agencies to construct the Department is
identified physical improvement at approved,subject to
the Lawrence Expressway/I-280 the requirements of
Ramps intersection.Since this Government Code
intersection is outside of the City of Section 66001(d).
Cupertino's jurisdiction, the City The funds will be
cannot uarantee that it would be released to the
53
LSA ASSOCIATES, INC. APPLE CA111PUS 2 PROJECT EIR
SEPTEMBER 2013 MtTICATION MONITORINC AND REPORTINC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Cornpletedl
Signature
constructed.For this reason the responsible agency
impact would remain significant and once the project is
unavoidable. approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-12:At intersection#5 De See Mitigation Measure See Mitigation Measure See Mitigation Date:
Anza Boulevard/Homestead Road TRANS-4. TRANS-4. Measure TP�ANS-4.
intersection, the project sponsor shall Signature:
implement Mitigation Measure
TRANS-4(add exclusive southbound
right-turn lane),which would
improve intersection operations to
LOS E+(58.9 seconds). Though LOS
E+is not considered acceptable at the
#5 De Anza Boulevard/Homestead
Road intersection, the LOS would
improve to better operating
conditions than under the Cumulative
No Project scenario and the impact
would be considered less than
si ificant.
TRAN-13a:Not a feasible measure. See IVlitigation Measure See Mitigation Measure See Mitigation Date:
TRANS-9b. TRANS-9b. Measure TRANS-9b.
TRANS-13b:The project sponsor shall Signature:
expand the TDM program to reduce The project sponsor shall The Public Works The funding for
the severity of the impact.Increasing provide$50,000 towards the Department shall develop implementation of
#he TDM artici ation and associated im lementation of lans im lementin an TRANS-13c shall be
54
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 201J MITIGATION MONITORING AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
alternative mode share froin 28 Mitigation Measure adaptive traffic signal system provided prior to
percent to 34 percent would improve TRANS-13c. The funding along De Anza Boulevard, entering into a street
operations to LOS E (62.1 seconds); shall be provided to the shall collect$50,000 from the improvement
however the increase in TDM City of Cupertino. project sponsor, and shall agreement.
participation would not reduce the iinplement the improvement.
impact to a less-than-significant level.
TRANS-13c:The project sponsor shall
provide a$50,000 fair-share
contribution towards the
implementation of a traffic-adaptive
traffic signal systein along De Anza
Boulevard between Homestead Road
and Rainbow Drive. Implementation
of an adaptive traffic signal system
would iinprove intersection
operations,however it would not
reduce t11e impact to a less-than-
si nificant level.
TRANS-14:At intersection##21 Wolfe See Mitigation Measure See Mitigation Measure See Mitigation Date:
Road/I-280 Northbound Ramps, the TRANS-1. TRANS-1. Measure TRANS-1.
project sponsor shall implement Signature:
Mitigation Measure TRANS-1
(provide dual left-and right-turn
lanes),which would improve
intersection operations to acceptable
LOS B (18.1 seconds).
TRANS-15:The project sponsor shall The project sponsor shall The Public Works Department Prior to entering Date:
contribute a ro rata share to modif a a ro rata share to shall develo lans er the into a street
55
LSA ASSOCIATES, INC. APPLE CADIPUS 2 PROJECT EIR
SEPTEMBER 2013 MITIGATION MONITORING AND REPORTING PROGRAM
Date
Responsible Party/
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
the traffic signal operations to provide implement the mitigation mitigation measure,determine improvement Signature:
an overlap phase for the westbound measure,pursuant to the the pro rata share to modify agreement.
right-turn movement,which would requirements of the City of the traffic signal operations,
provide for a green right-turn arrow Cupertino. collect pro rata funding from
while the southbound left-turn the project sponsor,and shall
movement has its green time. implement the mitigation
Southbound U-turns shall also be measure.
prohibited.To accommodate the
overlap phase the geometries at the
westbound approach would be
modified to provide one left-turn
lane,one shared left-turn/through
lane,and two right-turn lanes.
Providing a westbound overlap phase
could have secondary impacts,since
southbound vehicles wanting to
travel northbound would have to
travel to the Stevens Creek
Boulevard/Wolfe Road intersection to
access northbound Wolfe Road.Field
observations were conducted to
determine the existing percentage oE
vehicles making U-turns at the
intersections.The field data was used
to estimate the impact of diverting U-
turns from Vallco Parkway to Stevens
Creek Boulevard.The LOS results
show that both the Wolfe Road/Vallco
Parkwa (42.4 seconds and LOS D)
56
LSA ASSOCIATES, INC. APPLF. CAMPUS 2 PROJECT EIR
SEPTEMQER 201J MITICATtOfV MOIVITORINC AIVD REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
and Stevens Creelc Boulevard/Wolfe
Road intersections (49.9 seconds and
LOS D)would operate acceptably
with the proposed southbound U-
turn restrictions at the Wolfe
Road/Vallco Parlcway intersection.
The project impact would be reduced
to a less-than-si nificant level.
TRANS-16:At intersection#27 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Homestead Road, the project TRANS-6. TRANS-6. Measure TRANS-6.
sponsor shall impleinent Mitigation Signature:
Measure TRANS-6(add exclusive
eastbound right-turn lane),which
would improve intersection
operations to acceptable LOS D-(52.6
seconds).
TRANS-17:At intersection#31 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Vallco Parkway, the project TRANS-2. TRANS-2. Measure TRANS-2.
sponsor shall impleinent Mitigation Signature:
Measure TRANS-2(add exclusive
nortllbound through lane),which
would improve intersection
o erations to LOS C(28.7 seconds).
TRANS-18:At intersection#32 Tantau See Mitigation Measure See Mitigation Measure See Mitigation Date:
Avenue/Stevens Creek Boulevard,the TRANS-8. TRANS-8. Measure TRANS-8.
project sponsor shall impleinent Signature:
Mitigation Measure TRANS-8(add
exclusive southbound right-turn
lane), which would iin rove
57
LSA ASSOCIATES, INC. APPLE CADIPUS 2 PROJECT EIR
SEPTEMBER 2013 �11TICATION 1170NIT021NC AND REPORTINC PROCRA�1
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
intersection operations to LOS D(49.4
seconds).
TRANS-19a:The project sponsor shall The project sponsor shall See Mitigation Measure See Mitigation Date:
implement Mitigation Measure diligently pursue Mitigation TRANS-9a. Measure TRANS-9a.
TRANS-9a(add free eastbound right- Measure TRANS-19a, Signature:
turn lane),which would improve including seeking approval
intersection operations to LOS D(41.5 from the City of Santa
seconds). Clara,and, if approved,
shall implement Mitigation
TRANS-19b:The project sponsor shall Measure TRANS-19a.See
expand the TDM program to reduce Mitigation Measure
the severity of the impact(Mitigation TItANS-9a.
Measure TRANS-9a).Increasing the
TDM participation and associated
alternative mode share from 28
percent to 34 percent would improve
operations to LOS F(145.8 seconds)
without implementation of Mitigation
Measure TRANS-9a;however the
increase in TDM participation would
not reduce the impact to a less-than-
si ificant level.
58
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMDER 2013 MITICATION MONITORINC AND REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
TRANS-20: For intersection#40 See Mitigation Measure See Mitigation Measure See Mitigation Date:
Stevens Creek Boulevard/Lawrence TRANS-10. TRANS-10. Measure TRANS-10.
Expressway Ramps(east), the project Signature:
sponsor shall implement Mitigation
Measure TRANS-10(add exclusive
northbound left-turn lane), which
would improve intersection
operations to LOS D- (52.3 seconds).
Since this intersection is outside of the
City of Cupertino's jurisdiction, the
City cannot guarantee that the
improvement would be constructed.
For this reason the impact would
remain si nificant and unavoidable.
TRANS-21:For intersection#41 See Mitigation Measure See Mitigation Measure See Mitigation Date:
Lawrence�xpressway/I-280 Ramps, TRANS-11. TRANS-11. Measure TIZANS-11.
the project sponsor shall implement Signature:
Mitigation Measure TRANS-11 (add
exclusive eastbound through lane),
which would improve intersection
operations to acceptable LOS E+(58.3
seconds).Since this intersection is
outside of the City of Cupertino's
jurisdiction,the impact would remain
si nificant and unavoidable.
TRANS-22:The project sponsor shall The project sponsor shall The Public Works Prior to the entering Date:
pay a$1,292,215 fair share diligently pursue Mitigation Department shall ensure the into a street
contribution towards planned Measure TRANS-22, fair share payment is improvement Signature:
trans ortation ro'ects that would includin seekin a roval submitted to VTA and shall a reement with the
59
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMQER 2013 M1tITIGATION 1110NITORING AND REPORTING PROCRA�I
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
improve traffic operations of the from VTA,and,if work with VTA to implement City of Cupertino.
impacted freeway segments and approved,shall implement the transportation
provide added transportation Mitigation Measure improvements identified in
capacity on parallel facilities: (1)SR 85 TRANS-22.The project Mitigation Measure TRANS-
Express Lane project(converting the sponsor shall pay$1,292,215 22.
existing HOV lane to a toll lane to to VTA towards planned
allow single occupant vehicles to transportation projects.
drive in the HOV lane for a fee)
between Mountain View and San
Jose; (2)eliminating the existing
bottleneck on southbound I-280
between El Monte Road and
Magdelena Avenue;and(3)either the
Bus Rapid Transit(BRT)stations
proposed within Cupertino,or an
alternative improvement or study
towards the improvement of the
impacted I-280 corridor or a parallel
corridor that would provide capacity.
The fair share contribution amount
was calculated in consultation with
VTA staff based on the project's
contribution to project growth on the
impacted freeway segment.
It is unlikely that the Express Lane,
BRT or alternative project would be
implemented prior to project
com letion and that these im rove-
.1
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMQER 2013 MITICATION MONITORINC AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
ments would reduce the impact to a
less-than-significant level.In addition,
the City has no control over the
iinplementation of these mitigation
measures; tllerefore the impact to the
freeway segments would remain
si nificant and unavoidable.
TRANS-23(Alternate):The project The project sponsor shall The Public Works Upon issuance of the Date:
sponsor may be permitted to submit detailed Department shall review and first certificate of
construct three left-turn exit lanes construction plans for three approve plans for the three occupancy and Signature:
from t11e project site to Wolfe Road if left-turn exit lanes that left-turn exit lanes and ongoing until the 9
all of the following measures are include the following associated educational months following
im�lemented: elements: materials. full occupancy of the
■ Clear signage, including but not (1) Location of signage, Main Building.
liinited to overhead signs, shall be striping and pavement In addition, the Public Works
installed to indicate the legends that indicate the Department shall review the
destination of each of the three exit destination of each exit monthly monitoring reports,
lanes in order to discourage unsafe lane. and after each monitoring
lane changes. (2)Lane markings report, determine whether
■ Each lane on Wolfe Road, between indicating that lane changes the three left-turn exit lanes
the driveway and Pruneridge are not permitted. operate acceptably.If the
Avenue,shall be clearly marked (3)Location(s)of closed lanes are not determined to
by painted stripes, directional circuit video cameras to operate acceptably,the Public
arrows and destination legends to record operations at the Works Department shall
indicate the destination of each intersection. require Apple to prepare
lane and to indicate by double plans for and implement a
lines or other appropriate The project sponsor shall reduction to two left-turn exit
markings that changing lanes is a also develop educational lanes.
violation of law. materials explaining the
61
LSA ASSOCIATES, INC. APPLE CAMPUS 2.PROJECT EIR
SEPTEM6ER 2017 �1ITICATION MONITORING AND REPORTING PROGRAA1
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
■ `The project sponsor shall fund the proper use of the driveway The Public Works
following measures Eor a trial exit lanes without weaving Department shall determine
period of nine months from among lanes. the penalty amount and send
issuance of the first certificate of In addition,from issuance an invoice to Apple to collect
occupancy and continuing until of the first certificate of the penalty amount.
nine months after full occupancy occupancy extending to a 9-
of the Main Building,and shall month trial period after full
install closed-circuit video cameras occupancy of the Main
linked to the City's Traffic Building,the City,at project
Operations Center to continuously sponsor's cost,shall retain
record vehicle movements at the independent personnel to
project driveway and along periodically(once a week,
southbound Wolfe Road. Trained for the duration of at least
personnel,who are independent two AM and one two-hour
from the project sponsor,shall PM peak periods)review
periodically review the video video footage at the
footage at the direction of the City, intersection and N.Wolfe
and provide a report at the end of Road and prepare a
each month to the Public Works monthly report
Department. This report shall documenting unsafe or
document any unsafe or illegal illegal lane changes
lane changes(violations)observed, observed,accidents caused
noting accidents caused by unsafe by unsafe lane changes,
lane changes and noting whether, whether the observed
in the professional judgment of the behav3or constitutes a
independent observer, the safety problem that should
observed violations constitute a be addressed and, if so,
safety problem that should be recommending measures to
addressed and, if so, address them.
62
LSA ASSOCIATES, INC. APPLC CAMPUS 2 PROJECT EIR
SEPTE11iBER 201J MITICATION MONITORINC AND REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
recommending measures to A penalty of$500 per
address them. observed violation shall be
• If, at any tiine following the nine- charged.This penalty
month trial period implementation amount shall be
of the measures listed above do extrapolated for the daily
not substantially prevent activity during the 2-hour
violations, in the professional peak period,if video is not
opiizion of the independent reviewed daily.
observer and the City, the City
shall determine whether
additional measures are required,
or whether the number of lanes
must be reduced to two exit lanes.
If the nuinber of lanes is reduced
to two, monitoring shall be
discontinued.
• A penalty of$500 per violation
during the PM 2-hour peak period
per day shall be paid by the
project sponsor to the City.The
number of violations shall be
determined by the independent
observer based upon review of the
video footage and extrapolated to
account for daily activity during
the PM 2-hour peak period should
daily video footage not be
reviewed.
■ The ro'ect s onsor shall develo
63
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 M11ITIGATION MONITORINC e�ND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
employee education materials, to
the satisfaction of the City
explaining the proper use of the
driveway exit lanes without
weavin amon lanes.
TRANS-24:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
provide a dedicated south-bound provide detailed Department shall review and into a street
right-turn lane at the Tantau construction plans and shall approve plans for the improvement Signature:
Avenue/Vallco Parkway intersection. construct the mitigation mitigation measure. agreement,
measure,or shall provide including bonds or
adequate funding for other surety to
design and construction of guarantee the
the mitigation measure. mitigation measure,
the project sponsor
� shall have plans
approved by t11e
Cit .
TRANS-25:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
widen the northbound I-280 off-ramp diligently pursue Mitigation Department shall review into a street
at Wolfe Road to accommodate two Measure TRANS-25, plans for the mitigation improvement Signah.ire:
lanes.The project sponsor would including seeking approval measure and facilitate agreement with the
need to work with City staff,VTA, from Caltrans, and,if discussions with Caltrans and City of Cupertino,
and Caltrans to plan,design and approved,shall implement VTA in order to implement the project sponsor
construct the widening with all Mitigation Measure this measure. shall have plans
funding provided by the project TRANS-25.The project approved by tlle
sponsor.The off-ramp is under sponsor shall provide City which includes
Caltrans jurisdiction.Therefore, the detailed construction plans bonds or other
City of Cupertino cannot ensure the and shall construct the surety to guarantee
im lementation of the ro osed rniti ation measure,or shall the miti ation
•�
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTE616ER 2013 MITICATION MONITORINC AND REPORTING PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
mitigation measure;thus the impact is provide adequate funding measure.In the
considered significant and to design and construct event that the
unavoidable. either(1) the identified project sponsor can
mitigation measure or; (2) demonstrate to the
an alternate improvement satisfaction of the
which would mitigate the Public Works
impact to the satisfaction of Department that,
the City of Cupertino's despite their best
Public Works Department. efforts,Caltrans will
not approve the
identified mitigation
measure, then the
project sponsor shall
provide the
maximum funding
to the City of
Cupertino to be held
in escrow until an
alternate
improveinent
satisfactory to the
City of Cupertino's
Public Works
Department is
approved, subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
65
LSA ASSOCIATES, INC. aPPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 M11ITIGATION MONITORING AND REPORTINC PROGRA�I
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-26:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
widen the southbound I-280 off-ramp diligently pursue Mitigation Department shall review into a street
at Wolfe Road to accommodate two Measure TRANS-26, plans for the mitigation improvement Signature:
lanes.The project sponsor would including seeking approval measure and facilitate agreement,
need to work with City staff,VTA, from Caltrans,and,if discussions with Caltrans and including bonds or
and Caltrans to plan,design,and approved,shall implement VTA in order to implement otller surety to
construct the widening with all Mitigation Measure this measure. guarantee the
funding provided by the project TRANS-26.The project mitigation measure,
sponsor.Widening of the freeway off- sponsor shall provide the project sponsor
ramp to accommodate a second off- detailed construction plans shall have plans
ramp lane and shoulder would likely and shall construct the approved by the
require the removal of existing mitigation measure,or shall City.In the event
landscaping in front of the soundwall. provide adequate funding that the project
The feasibility of this mitigation to design and construct sponsor can
measure cannot be assured and the either(1) the identified demonstrate to the
off-ramp is under Caltrans mitigation measure or;(2) satisfaction of the
jurisdiction.Therefore, the City of an alternate improvement Public Works
Cupertino cannot ensure the which would mitigate the Department that,
implementation of the proposed impact to the satisfaction of despite their best
mitigation measure and the impact is the City of Cupertino's efforts,Caltrans will
considered si ificant and Public Works De artment. not a rove the
•.
LSA ASSOCIATES, INC. pPPLE CAMPUS 2 PRUJECT EIR
SEPTEM6ER 201J h11TICATION MOIVITORINC AND REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completedl
Monitoring Action
Signature
unavoidable. identified mitigation
measure, then the
project sponsor shall
provide the
maximum funding
to the City of
Cupertino to be held
in escrow until an
alternate
improvement
satisfactory to the
City of Cupertino's
Public Works
Department is
approved,subject to
� the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
ro'ect s onsor.
TRANS-27(Second Alternate):The The project sponsor shall The Public Works Prior to entering Date:
southernmost drivewa to Cu ertino im lement the safet De artment shall review and into a street
67
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 201J MITIGATION MONITORIIVG AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
Village shall be retained as a right- features,such as added verify that the street improvement Signature:
turn in and out driveway with the traffic signal heads and improvement plans reflect the agreement,
implementation of adequate safety signage to prohibit right mitigation measure adopted. including bonds or
features approved by the Director of turns out of the driveway other surety to
Public Works.These safety features, for vehicles and implement guarantee the
such as added traffic signal heads and safety features to mitigation measure,
signage,shall prohibit vehicles accommodate pedestrians the project sponsor
turning right out of the driveway as described in the shall have plans
when southbound Wolfe Road traffic mitigation measure. approved Uy the
has a red signal indication at the City.
intersection of Wolfe Road and the
project driveway.The safety features
shall also accommodate pedestrians
crossin Wolfe Road.
TRANS-28:To lessen the impact the The project sponsor shall The Public Works Prior to entering Date:
project sponsor shall install a"Yield submit detailed plans for Department shall review and into a street
to Peds" sign that is activated by a the mitigation measure and approve detailed plans for improvement Signature:
pedestrian push button.Additionally, construct the mitigation the mitigation measure. agreement,
the project shall install a high measure. including bonds or
visibility crosswalk(i.e.,with ladder other surety to
striping)at the east leg of the Wolfe guarantee the
Road/Project Access intersection to mitigation ineasure,
help make the crosswalk more the project sponsor
prominent.These treatments would shall IZave plans
lessen the impact,but would not approved by the
mitigate the impact to a less-than- City.
significant level as pedestrian access
would still be im eded.
TRANS-29:To enhance the edestrian The ro'ect s onsor shall 'The Public Works Prior to enterin Date:
•.
LSA ASSOCIATES, INC. pPPLE CAMPUS 2 PROJECT EIR
SEPTEMDER 2013 MITICATION htONITORINC AIVD REPORTINC PROCRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action
Signature
environment and lessen the diligently pursue Mitigation Department shall review into a street
pedestrian impact at the six I-280 Measure TRANS-29, plans for the mitigation improvement Signature:
ramps with Wolfe Road, the project including seeking approval measure.and facilitate agreement,
sponsor shall provide enhanced from Caltrans, and, if discussions with Caltrans in including bonds or
crosswalks at all ramp crosswall<s. approved, shall implement order to implement this other surety to
Additionally, for the I-280 Mitigation Measure TRANS- measure. guarantee the
southbound loop on-ramp, the project 29.The project sponsor shall mitigation measure,
sponsor shall design, construct,and provide detailed the project sponsor
fund the following to improve the construction plans and shall shall have plans
sight distance to an industry standard construct the mitigation approved by the
of 250 feet for a 35 mph roadway measure, or shall provide City.In the event
include: funding to Caltrans that the project
■ Replacing existing fence on adequate to design and sponsor can
overcrossing with one that has construct either(1) the demonstrate to the
better transparency; identified mitigation satisfaction of the
• Trimming and maintaining measure or; (2) an alternate Public Works
vegetation on northwest corner of improvement which would Department that,
the Wolfe Road/I-280 southbound mitigate the impact to the despite their best
loop on-ramp; satisfaction of the Public efforts,Caltrans will
Redesigning the ramp to move the Works Department. not approve the
■ crosswalk further north;and identified mitigation
measure, then the
■ Adding a pavement legend to project sponsor shall
indicate pedestrian crossing. provide the �
The treatments would lessen the
maximum funding
impact,but would not mitigate the to the City of
impact to a less-than-significant level, Cupertino to be held
as the increased vehicular volumes
in escrow until an
would still exist.rurther, the alternate
feasibilit of this miti ation measure
C'�
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 MITICATION MONITORING AND REPORTING PROCRAD1
Responsible Party/ Date
Mitigation Measure Implementing Procedure MoniEoring Action Timing Completed/
Signature
cannot be assured as the on-ramp is improvement
under Caltrans jurisdiction. satisfactory to the
'Therefore,the City oE Cupertino City of Cupertino's
cannot ensure the implementation of Public Works
the mitigation measure. Department is
approved,subject to
the requirements of
Government Code
Section 66001(d).
The funds will be
released to the
responsible agency
once the project is
approved and
programmed,with
any excess funds
returned to the
ro�ect s onsor.
TRANS-30:The project sponsor shall The project sponsor shall T11e Public Works Prior to entering Date:
upgrade transit stops along Wolfe submit detailed plans Department shall review into a street
Road between Stevens Creek prepared in accordance plans to implement this improvement Signature:
Boulevard and Homestead Road,on with the requirements of mitigation measure and agreement,
Vallco Parkway between Wolfe Road VTA and the City of facilitate discussions with including bonds or
and Tantau Avenue, and on Tantau Cupertino for the VTA in order to implement other surety to
Avenue between Stevens Creek development of transit this measure. guarantee the
Boulevard and Homestead Road. stops along Wolfe Road mitigation measure,
between Stevens Creek the project sponsor
Boulevard and Homestead shall have plans
Road,on Vallco Parkwa a roved b the
70
LSA ASSOCIATES, INC. � APPLE CAMPUS 2 PROJECT EIR
SEPTEDIBER 201J MITIGA'CION MONITORINC ANU REPORTING PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
between Wolfe Road and City.
Tantau Avenue,and on
Tantau Avenue between
Stevens Creel<Boulevard
and Homestead Road.The
project sponsor shall
provide standard VTA
shelters as shown in the �
approved plans.If the
project sponsor opts to
provide enhanced-design
shelters with amenities, it
shall provide a plan subject
to the approval of the
Director of Public Works
and the VTA and shall fund
the maintenance of the
transit stops.At any time,
the project sponsor may
replace the shelters with
standard VTA shelters at
the sponsor's expense,
subject to the approval of
VTA.If shelters are
replaced with standard
VTA shelters, the sponsor
would not be required to
maintain them.
TRANS-31:Im lement Miti ation See Miti ation Measures See Miti ation Measures See Miti ation Date:
71
LSA ASSOCIATES, INC. APPLE CAh1PUS 2 PROJECT EIR
SEPTEMBER 2013 MITICATION AfONITORING AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
SignaEure
Measures PLAN-2 and PLAN-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
multi-use paths and the pedestrian and PLAN-3. Signature:
improvements proposed as part of the
project would lessen the impact,but
would not mitigate the impact to a
less-than-significant level as the
elimination of existing pedestrian
facilities would still occur.
TRANS-32:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measure PLAN-2 and PLAN-3.The PLAN-2 and PLAN-3. PLAN-2 and PLAN-3. Measures PLAN-2
multi-use paths and bicycle and PLAN-3. Signature:
improvements proposed as part of the
project would lessen the impact,but
would not mitigate the impact to a
less-than-significant level as the
elimination of existing bicycle
facilities would still occur.
TRANS-33:There are no feasible No No implementing/monitoring No Date:
mitigation measures to restore transit implementing/monitoring procedure required. implementing/monit
access to Route 81 for The Hamptons procedure required. oring procedure Signature:
residents, therefore the impact is required.
considered significant and
unavoidable.
72
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITIGATION MONITORING AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
TRANS-34:There are no mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
measures to reduce the impact to a TRANS-32. TRANS-32. Measure TRANS-32.
less-than-significant level. Signature:
Implementation of Mitigation
Measure TRANS-32 would lessen the
impact,but not to a less-than-
si nificant level.
TRANS-35:Implement Mitigation See Mitigation Measure See Mitigation Measure See Mitigation Date:
Measure TRANS-9b. TRANS-9b. TRANS-9b. Measure TRANS-9b.
Signature:
J. NOISE
NOI-1:The project sponsor shall The project sponsor shall The Community Prior to the issuance Date:
implement the following measures at ensure the following Development Department of grading,building,
the project site during all demolition measures are undertaken shall: or occupancy Signature:
and construction activities,subject to prior to the initiation of (1)Review the project permits and
the approval of the City: construction: construction plans and verify periodically during
■ The project sponsor shall ensure (1)Construct sound walls that the provisions listed in project construction
the construction of a 15-foot high along the project property Mitigation Measure NOI-1 activities.
temporary sound wall along the lines, as specified in are included.
project's property line adjacent to Mitigation Measure NOI-1. (2)Review and approve all
sensitive land uses. (2)Submit a construction construction truck routes.
o A temporary sound wall shall management plan for City (3)Maintain the name and
be constructed along the eastern review, which identifies contact information for the
project property line to block construction site layout noise disturbance coordinator
the line-of-sight from the single- (trailers,storage of on file throughout the
family residential land uses on materials, truck routes,and construction period,and
Howard Drive and Meadow pedestrian paths), ensure that the contact is
Avenue to project construction construction routes,and accessible to residents and
73
LSA A3SOCIATES, tNC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 MITIGATION MONITORING AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
areas on the east side of North noise reduction measures to local employees.
Tantau Avenue.This sound be implemented during all (4)Conduct periodic site
wall shall be set back from the demolition and construction inspections throughout the
property line as much as activities. construction period to ensure
feasible to still allow for project (3)Designate a noise that appropriate noise
construction activities to occur. disturbance coordinator to reduction measures are
o A temporary sound wall shall be receive and resolve noise implemented on the site.
constructed along the southern complaints throughout the
project property line to block the construction period,and
line-of-sight from The Hamptons provide the name and
to project construction areas in contact information to the
the southwest portion of the City.
project site.This sound wall shall
be set back from the property
line as much as feasible to still
allow for project construction
activities to occur.
o A temporary sound wall shall be
constructed along the northern
project property line to blocl<the
line-of-sight from the single-
family residential properties
north of East Homestead Road to
project construction areas in the
northern portion of the project
site.This sound wall shall be set
back from the property line as
much as feasible to still allow for
ro'ect construction activities to
74
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITICATION MONITORING AND REPORTINC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action Signature
occur. -
• The project contractor shall
designate a construction liaison
that shall be responsible for
responding to any local com-
plaints about construction noise.
The liaison shall determine the
cause of the noise complaints(e.g.,
starting too early,bad muffler)and
institute reasonable measures to
correct the problem.A telephone
number for the liaison shall be
conspicuously posted at the
perimeter of the construction site
and provided to all adjacent
property owners prior to
commencement of construction.
o The project contractor shall
ensure that all construction
equipinent has appropriate
high-quality noise muffling and
abatement devices, whidz
would be properly maintained
and used at all times such
equipment is in operation.
• T'he project contractor shall, to the
extent feasible, place all stationary
construction equipment so that
emitted noise is directed awa
75
LSA ASSOCIATES, INC. APPLE CAM1iPUS 2 PROJECT EIR
SEPTEMBER 201J M111TICaT10N AIONITORING AND REPORTING PROCRA111
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Cornpleted/
Signature
from sensitive receptors nearest
the project site.
• Exterior project noise-generating
construction activities(i.e.,
grading,construction and
demolition)shall be permitted
within 750 feet of any residentially
zoned property only between the
hours of 7:00 a.m.and 8:00 p.m.on
weekdays,and between the hours
of 9:00 a.m.and 6:00 p.m.on
weekends.No such work shall be
permitted on holidays(i.e.,New
Year's Day,Memorial Day,
Independence Day,Labor Day,
Thanksgiving Day,Christmas
Day), except as approved by the
Community Development
Director.A Noise Variance may be
obtained from the Noise Control
Officer for each occurrence of
specific temporary construction
activities.
o Construction activities,other
than street construction,shall be
prohibited on holidays,unless
they meet the City of
Cupertino's nighttime
maximum ermissible noise
76
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMQER 2013 MITICATION MONITORING AND REPORTINC PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
level standards.
NOI-2:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
resurface the following roadway resurface the roadway Department shall verify that into a street
segments with RHMA-O or similar segments identified in the repaving has been improvement Signature:
quiet pavement: Mitigation Measure NOI-2 undertaken on the identified agreement,
■ East Hoinestead Road, from North with RHMA-O or similar roadway segments.The City including bonds or
Wolfe Road to North Tantau quiet pavement,or shall maintain this pavement. other surety to
Avenue;and reimburse the City for the guarantee the
• North Wolfe Road, from cost of doing so. mitigation measure,
Pruneridge Avenue to the I-280 the project sponsor
northbound ramps. shall have plans
approved by the
Cit
IC. GREENHOUS� GAS EMISSIONS AND SUSTAINABILITY
There are no si ni 'cant Greenhouse Gas Errtissions or Sustainabilitl im acts.
L. AIR QUALITY
AIR-1:Consistent with guidance from The project sponsor The Community Prior to the issuance Date:
the BAAQMD, the following actions shall ensure that the air Development Department of grading,building,
shall be required in relevant pollution control measures shall verify that the air or occupancy Signature:
construction contracts and identified in Mitigation pollution control measures permits and
specifications for the project: Measure AIR-1 are identified in Mitigation periodically during
■ All exposed surfaces(e.g., parking incorporated into the Measure AIR-1 are project construction
areas, staging areas, soil piles, construction plans for the incorporated into project activities.
graded areas, and unpaved access project and implemented at construction plans.In
roads)shall be watered two times the project site. addition, the City shall
per day. conduct periodic site
■ All haul trucks transporting soil, inspections throughout the
sand,or other loose material off- construction period to ensure
site shall be covered. that construction eriod air
7.7
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 �11TIGATION b10NITORINC AND REPORTINC PROGRA111
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
■ All visible mud or dirt tracked-out pollution control measures
onto adjacent public roads shall be are being implemented at the
removed using wet power vacuum project site.
street sweepers at least once per
day.The use of dry power
sweeping is prohibited.
■ All vehicle speeds on unpaved
roads shall be limited to 15 miles
per hour(mph).
■ All roadways,driveways,and
sidewalks to be paved shall be
completed as soon as possible.
Building pads shall be laid as soon
as possible after grading unless
seeding or soil binders are used.
■ Construction equipment idling
times shall be minimized either by
shutting equipment off when not
in use or reducing the maximum
idling time to 2 minutes(as
required by the California airborne
toxics control measure Title 13,
Section 2485 of California Code of
Regulations[CCR]).Clear signage
shall be provided for construction
workers at all access points.
■ All construction equipment shall
be maintained and properly tuned
in accordance with the
78
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITICATION AtONITORING AND REPORTINC PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
marnifacturer's specifications.All
equipment shall be checiced by a
certified mechanic and determined
to be running in proper condition
prior to operation.
■ The project ap�licant shall post a
publicly visible sign with the
telephone number and person to
contact at the City of Cupertino
regarding dust complaints.This
person shall respond to complaints
and take corrective action within
48 hours.The BAAQMD's phone
number shall also be visible to
ensure compliance with applicable
regulations.
■ All exposed surfaces shall be
watered at a frequency adequate
to maintain minimum soil
moisture of 12 percent.Moisture
content can be verified by laU
samples or a moisture probe.
■ All excavation, grading,and/or
demolition activities shall be
suspended when average wind
speeds exceed 20 mph.
• Vegetative ground cover(e.g., fast-
germinating native grass seed) or
other lants that offer dust
79
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEMBER 2013 MITICATION MONITORINC AND REPORTING PROCRA�I
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
mitigation measures shall be
planted in disturbed areas as soon
as possible and watered
appropriately until vegetation is
established.
• The simultaneous occurrence of
excavation,grading,and ground-
disturbing construction activities
on the same area at any one time
s11a11 be limited.To the extent
feasible,activities shall be phased
to reduce the amount of disturbed
surfaces at any one time.
■ All trucks and equipment,
including their tires,shall be
washed off prior to leaving the
site.
■ Sandbags or other erosion control
measures shall be installed to
prevent silt runoff to public
roadways from sites with a slope
greater than 1 percent.
• Use low volatile organic
compound (i.e.,ROG)coatings
beyond the local requirements
(i.e.,Regulation 8,Rule 3:
Architectural Coatings).
■ To the maximum extent feasible,
all construction e ui ment, diesel
:1
LSA ASSOCIATES, INC. APPLE CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITICATION MONITORING AND REPORTINC PROCRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Timing Completed/
Monitoring Action
Signature
trucics, and generators shall be
equipped with Best Available
Control Technology for emission
reductions of NOx and PM.
• To the maxiinum extent feasible,
all contractors s11a11 use equipment
that meets ARB's most recent
certification standard for off-road
heavy duty diesel engines.
■ Excluding the following
equipment, ensure that all diesel-
powered off-road equipment used
on-site meets U.S.EPA "Tier 2"
exhaust einissioil standards, and
that engines are equipped with
California ARB "Level 3 Verified
Diesel Emission Control
Strategies" (which include diesel
particulate filters)or are certified
to ineet the U.S.EPA"Tier 4
Interim" standard for particulate
matter emissions. Equipment that
will meet U.S. EPA"Tier 2"
exhaust emission standards Uut
will not be equipped with
California "Level 3 Verified Diesel
Emission Control Strategy" shall
be limited to:
o Scra ers 623G
:
LSA ASSOCIATES, INC. APPLE CA�IPUS 2 PROJECT EIR
SEPTEMBER 2013 MITIGATION MON►TORING AND REPORTING PROGRAM
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Timing Completed/
Signature
o Scrapers 633B
o Four of the six proposed
Scrapers 657G
• Ensure that trucks used at the site
to haul material and/or soil are
model year 2007 or newer(or meet
equivalent U.S. EPA emission
standards).
Require all aerial and personnel
lifts less than 50 horsepower to be
fueled with natural gas or
ro ane.
AIR-2:Implement Mitigation Measure See Mitigation Measure See Mitigation Measure See Mitigation Date:
TRANS-9b(which requires Apple to TRANS-9b. TRANS-9b. Measure TRANS-9b.
expand its TDM Program and Signature:
increase the reduction in peak hour
tri s from 28 ercent to 34 ercent).
AIR-3:Implement Mitigation See Mitigation Measures See Mitigation Measures AIR- See Mitigation Date:
Measures AIR-1 and AIR-2. AIR-1 and AIR-2. 1 and AIR-2 Measures AIR-1 and
AIR-2 Si nature:
AIR-4:The project sponsor shall See Mitigation Measure See Mitigation Measure AIR- See Mitigation Date:
implement Mitigation Measure AIR-1 AIR-1.In addition,the 1. Measure AIR-1.
and the following additional measure: project sponsor shall design Signature:
■ To the maximum extent feasible, material staging roads such The Community Prior to the issuance
material staging roads shall be set that they are set back from Development Department of grading,building,
back from the curb by at least 65 the curb by at least 65 feet shall review the construction or permits.
feet. to the maximum extent plans for the project and
feasible. verify that material staging
roads are set back from the
82
LSA ASSOCIATES, INC. APPLF. CAMPUS 2 PROJECT EIR
SEPTEM6ER 2013 MITICATION MONITORINC AND REPORTIIVG PROGRAM
Date
Mitigation Measure Implementing Procedure Responsible Party/ Timing Completed/
Monitoring Action Signature
curb by at least 65 feet,where
feasible, or another location
approved by the City
following a demonstration of
wh 65 feet is not feasible.
M. PUBLIC SERVICES AND UTILITIES
PSU-1:The project sponsor shall The project sponsor shall The Public Works Prior to entering Date:
implement signal preemption signals install signal preemption Department shall verify that into a street
at the following intersections signals at the intersections signal preemption signals are improvement Signature:
(identified by the City and SCCFD as identified in Mitigation installed at the intersections agreement,
the ones most likely to be used by Measure PSU-1 or provide identified in Mitigation including bonds or
emergency vehicles accessing the payment to the City to Measure PSU-1. other surety to
project site).The signal preemption allow for the installation of guarantee the
signals would allow emergency such signals. mitigation measure,
vehicles to pass through approxi- the project sponsor
mately 30 seconds before arrival. shall have plans
• North Blaney Avenue and East approved by the
Homestead Road City.
• North Tantau Avenue and East
Homestead Road
■ North Tantau Avenue and
Pruneridge Avenue
� ■ North Tantau Avenue and Vallco
Parkway
• North Tantau Avenue and Project
Entrance
• North Wolfe Road and Pruneridge
Avenue
■ North Wolfe Road and Pro'ect
:
LSA ASSOCIATES, INC. APPLE CADIPUS 2 PROJECT EIR
SEPTEMBER 2013 M11ITICATION MONITORING �ND REPORTINC PROGRAl11
Responsible Party/ Date
Mitigation Measure Implementing Procedure Monitoring Action Tirning Completed/
SignaEure
Entrance
■ North Wolfe Road and East
Homestead Road
• North Wolfe Road and I-280(two
interchanges)
■ North Wolfe Road and Vallco
Parkway
■ Stevens Creek Boulevard and
Perimeter Road
■ Stevens Creek Boulevard and
Finch Avenue
■ Stevens Creek Boulevard and
Tantau Avenue
■ Heron Avenue and�ast
Homestead Road
PSU-2:Implement Mitigation See Mitigation Measures See Mitigation Measures See Mitigation Date:
Measures PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. PLAN-1 and PLAN-3. Measures PLAN-1
and PLAN-3. Si ature:
.,
RESOLUTION N0. 13-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
AGREEMENT, AND AUTHORIZING THE SALE OF A PORTION OF
PRUNERIDGE AVENUE, SUBJECT TO AND UPON THE TERMS AND
CONDITIONS SET FORTH IN THE PURCHASE AND SALE AGREEMENT
WHEREAS, development of the proposed Apple Campus 2 Project, which
consists of the redevelopment of an existing office park into a single, unified campus
on property generally bounded by North Wolfe Road, Homestead Road, North
Tantau Avenue, and Highway 280 (the "Project"), requires the vacation and
conveyance of a portion of the City street known as Pruneridge Avenue that
intersects the Project site as more particularly described in the legal description and
map attached to the Purchase and Sale Agreement as Exhibit PSA-1 (the "Property");
and
WHEREAS, the Planning Commission of the City of Cupertino has
determined that disposition of the Property for such purpose is consistent with the
General Plan, as amended by proposed General Plan amendments for the Project
(Resolution no. 13-083); and
WHEREAS, staff has negotiated a Purchase and Sale Agreement (the
"Purchase and Sale Agreement") that specifies the terms and conditions for the sale
of the Property (attached as Exhibit PSA); and
WHEREAS, the Purchase and Sale Agreement provides that the sale of the
Property is conditioned upon, among other things, the execution of a Development
Agreement pertaining to the Project, the effectiveness of the Ordinance approving
such Development Agreement and the expiration of the applicable statute of
limitations with respect to any claim, cause of action, suit or other action relating
thereto, and the relocation of utilities located in, on or under the Property; and
WHEREAS, the Purchase and Sale Agreement provides that the purchase
price for the Property shall be Twenty-Three Million, Eight Hundred Fourteen
Thousand, Two Hundred Fifty-Seven Dollars ($23,814,257).
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Cupertino hereby:
Resolution No. 13-087
Page 2
1. Finds and determines that the Property is not needed for any
governmental purpose, and that disposition of the Property for the Project pursuant
to the Purchase and Sale Agreement will be for the common benefit; and
2. Finds and determines pursuant to section 8355 of the California Streets
and Highways Code, that when considering the entire transportation network in the
City and surrounding jurisdictions, the Property is no longer needed by the public, is
unnecessary for present and prospective public use, and is no longer needed for
vehicular traffic because there are adequate alternative circulation routes around the
proposed Project consisting of North Wolfe Road, East Homestead Road, Vallco
Parkway, and North Tantau Avenue, which provide adequate facilities for
automobile traffic and along which sidewalks and bicycle facilities around the site
will be enhanced in order to offset the impact upon pedestrians and bicycle traffic
due to the closure of Pruneridge Avenue; additional traffic enhancements and
improvements will be constructed to accommodate additional and diverted traffic,
minimizing the impacts upon the community and the surrounding communities and
adjacent roads or freeway; the circulation within the Project will be provided by
separate private streets and pathways; and in-place public utilities serving other
properties will be relocated to other locations without any interruption or
degradation in service; and
3. Approves the Purchase and Sale Agreement in the form presented to
the City Council, and authorizes the City Manager or his designee to execute the
Purchase and Sale Agreement substantially in such form; and
4. Authorizes and directs the City Manager or his designee to execute
such additional instruments and to take such actions as necessary to carry out the
intent of this Resolution, including without limitation, the execution and delivery of
a grant deed for the Property upon the satisfaction of the conditions precedent set
forth in the Purchase and Sale Agreement.
Resolution No. 13-087
Page 3
PASSED AND ADOPTED at an Adjourned Regular meeting by the City
Council of the City of Cupertino, this 15th day of October, 2013, by the following
vote:
Vote: Members of the City Council
AYES: Mahoney, Wong, Chang, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: Sinks
ATTEST: APPROV D:
�
�,�—� L t 'G,"'
�
Grace Schmidt, City Clerk ((�—�7��3 Orrin Mahoney, M or, City of Cupertino
�'HIS IS TO CERTIFY THAT THE WITHIN
� 0�=THE ORIGINAL ON FILE N�HRS OFFI�EY
ATTEST ( � j t � , 20 13
CITY CLERK OF THE CITY OF CUPERTINO
QY.��'� � -`
p e P,,-� CfTY CL�RI
EXHIBIT P SA-1
EXHIBIT PSA-1
LEGAL DESCRIPTION
FOR: STREET VACATION
All that certain real property situate in the City of Cupertino,County of Santa Clara,State of California,
being a portion of Pruneridge Avenue as shown on that certain Parcel Map filed for record on October 0 i,
1976 in Booic 380 of Maps at Page 49, Santa Clara County Records,and being more particularly
described as follows:
Beginning at the intersection of the centerline of Pruneridge Avenue(92' wide)and Tantau Avenue(75'
wide)as shown on said Parcel Map,
Thence westerly along the centerline of said Pruneridge Avenue, South 89°25'11"West,37.51 feet to a
point on the southerly prolongation of the westerly right-of-way line of said Tantau Avenue,and said
point also being the True Point of Beginning;
Thence northerly along said prolongation,North 00°26'29"East,95.12 feet to a point of cusp;
Thence along the northerly right-of-way line of said Pruneridge Avenue,the following twelve(12)
courses and distances:
1. Along a non-tangent curve to the right having a radius of 50.00 feet,and to which point a radial
line bears South 89°33'31"East,through a central angle of 88°58'42"for an arc distance of 77.65
feet;
2. South 89°25'I 1" West, 114.23 feet;
3. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears North 00°34'39"West,through a central angle of 25°10'09"for an arc distance of
283.78 feet;
4. Along a non-tangent curve to the right having a radius of 554.00 feet,and to which point a radial
line bears South 25°46'00"East,through a centra(angle of 04°20'22"for an arc distance of 41.96
feet;
5. South 00°12'S7"West, 1.08 feet;
6. Along a non-tangent curve to the right having a radius of 555.00 feet,and to which point a radial
line bears South 21°23'16"East,through a central angle of 20°47'48"for an arc distance of
201.45 feet;
7. South 89°25'19"West,211.89 feet;
8. Along a non-tangent curve to the right having a radius of 555.00 feet,and to which point a radial
line bears South 00°35'03"East,through a central angle of 41°28'12"for an arc distance of
401.70 feet;
9. North 49°06'20"West,799.86 feet;
10. Along a non-tangent curve to the left having a radius of 645.00 feet,and to which point a radial
line bears North 40°53'45"East,through a central angle of 40°17'19"for an arc distance of
453.54 feet;
11. North 89°23'S3"West,40.04 feet;
12. Along a curve to the right having a radius of 60.00 feet,through a central angle of 12°59'48"for
an arc distance of 13.61 feet;
Thence leaving said northerly line of Pruneridge Avenue,the following eleven(11)courses and distances:
1. South 00°35'45"West, 12.54 feet;
2. Along a curve to the left having a radius of 9.50 feet,through a central angle of 89°59'38"for an
arc distance of 14.92 feet;
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October 14,2013
Job No.A 11020-2
Page 2 of 2
3. South 89°23'S3"East,47.00 feet;
4. Along a curve to the right having a radius of 87.50 feet,through a central angle of 21°59'15"for
an arc distance of 33.58 feet;
5. South 67°24'38"East, 12.97 feet;
6. Along a curve to the left having a radius of 62.50 feet,through a central angle of 15°55'S4" for an
arc distance of 17.38 feet to a point of reverse curvature;
7. Along a curve to the right having a radius of 612.50 feet,through a central angle of 34°14'12"for
an arc distance of 365.99 feet;
8. South 49°06'20"East, 105.52 feet;
9. Along a curve to the left having a radius of 173.50 feet,through a central angle of 22°55'l0"for
an arc distance of 69.40 feet to a point of reverse curvature;
10. Along a curve to the right having a radius of 35.50 feet,through a central angle of 202°55'10"for
an arc distance of 125.73 feet;
11. South 40°53'40"V✓est;4.00 feet to a point on tfie southerly right-of=way line of said Pruneridge
Avenue;
Thence along said southerly line,the following seven(7)courses and distances:
1. South 49°06'20"East, 612.97 feet;
2. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears South 40°53'09"West,through a central angle of 41°28'12"for an arc distance of
467.57 feet;
3. North 89°25'19"East,211.91 feet;
4. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears South 00°35'28"East,through a central angle of 25°10'27"for an arc distance of
283.83 feet;
5. Along a non-tangent curve to the right having a radius of 554.00 feet, and to which point a radial
line bears North 25°44'48"West,through a central angle of 25°10'09"for an arc distance of
243.36 feet;
6. North 89°25'11"East, 110.81 feet;
7. Along a curve to the right having a radius of 50.00 feet,through a central angle of 91°O1'18"for
an arc distance of 79.43 feet to a point of cusp on the westerly right-of-way line of said Tantau
Avenue;
Thence northerly along the previously mentioned prolongation of the westerly right-of-way line of Tantau
Avenue,North 00°26'29"East, 96.91 feet to the True Point of Beginning.
Containing 4.534 f Acres.
As shown on EX�IIBIT PSA-1 attached hereto and by this reference made a part hereof.
Legal Description prepared by Kier& Wright, Civil Engineers & Surveyors,Inc.
5���A��S�9
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1:IPROJECTSIA11020-21DOCSISURVEY DOCSILEGAL DESCR/PTIONSIPRUNER/DGE VACAT10MLega1 Description.docx
:::3 :::� -� -� W EXHIBIT PSA-1
. . .. �, �, �
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��3�:� _.`•:: 4:3i� Wi W� --- Z
`r°i°o °oi°o S 89°33'31"E�R) W
� � �''�,ri io�v �R=50.00') �� �
wi w� �i� �i� p0' ` Q
i i 46• , POINT OF
. �i° �i° ��� ����2283�g�, L3 G^ 75' BEGINNING
� � �-� -• �,
;�i� ;"�I� pQ' / 1 LZ �
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� ";; �I� �°i� D�20�45 � GZ �� °' L14 '
� ;_ L5 I L4 5��p N �L13 �+9
TRUE POINT OF
W '�`� �� o, �.�2 p=22�3 g6' •��..� � BEGINNING
m � AVENUE � �� ��
W ,y 6�}g.00. ?��r'�r, �i� Q
W , . L12 R25�102�„ �\� Mio I-
� ;:'�� PORTION OF ��=�y83.83 •o��s ��cfl z
PRUNERIDGE ��ty oi� Q
AVENUE TO BE ��� Z;� �
VACATED � '
� � 4.534 f ACRES r � � � � � � � '� � z �
• S 21°23'16"E�R) �
� (R=555.00�� -�\ GZ
o p0 „ � CURVE TABLE:
o , R'`'SA1�Qa � � ' CURVE RADIUS DELTA LENGTH
C3 N � 0'?Zp��5 � C1 50.00' 88°58'42" 77.65'
L6 0 4 645 p �. �'� .� C2 554.00' 04°20'22" 41.96'
� � � � � � �
C4 L8 �53,���9�� �o DETAIL C3 60.00' 12°59'48" 13.fi1'
C5 � $4 �`�'� SCALE: 1"=10' C4 9.50' 89°59'38" 14.92'
�g C6 R, •� C5 87.50' 21°59'15" 33.58'
0 ��34 r2sp• C6 62.50' 15°55'54" 17.38'
�� fq. N 40°53'45"E�R�
Q 36S �2� .�------- C7 173.50' 22°55'10" 69.40'
(R=645.00')
� 99�
� � C8 35.50' 202°55'10" 125.73'
�°' `�" ���' C9 50.00' 91°01'18" 79.43'
:.�•:.r: : ::::
p !� � �,-:.i�. �•�: ..
� � o . . :f3$�,� �-� �+,3,
, � � :' ::.:.r h�. C� ,��'�°0�,, PORTION OF
; �� �3�� i•���+'�� �OH
L11 V� !.y TO BE VACATED ENUE
I °s ;: ::;:� : .;} s �� 4.534±ACRES
:; , ,
: :...: :•..::...:... ....
I {3�� `;; Er`�j 49� , 99
LINE TABLE: �6�'p� A �s�
LINE BEARING DISTANCE F �j. ��~
L1 S 89°25'11"W 37.51' v^I �
L2 N 00°26'29"E 95.12' ,v�� hg��o1 k
L3 S 89°25'11"W 114.23' G � `� o���OO
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c, �P �9 � L7 S 00°35'45"W 12.54' � ��?8'r2� W
i � 9 � L8 S 89°23'S3"E 47.00' :°' •.: �����: : �p•
L9 S 67°24'38"E 12.97' �€=1::c�--`;>.��:3��3337�i •. ': �
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F 4F �A��F� L14 N 00°26'29"E 96.91' ,:� �
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. .
DATE OCT.2013
PLAT TO ACCOMPANY LEGAL DESCRIPTION SCALE
FOR: STREET VACATION ��= 2ao'
CUPERTINO CALIFORNIA DR. BY 5g
k KIER & WRIGHT JOB A�iozo-z
EXH I BIT PSA-� W CIVIL ENGINEERS &SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard,Bullding 22 (408)727 6665 7 1
USE�sbaba k�D�tOSCi5�A1102D-I�ORL�SU24fY�VLAfi�fflUl�AIqX VFUTION�57AEEf VACAIIfN\f-PtAl.drg OCID3ifl 15.20 3 6�St�u San[a Clara,Califom(a 95054 fax(408)727 5641 1 �F 1
EXHIBIT PSA-2a
EXHIBIT PSA-2a
LEGAL DESCRIPTION
FOR: STREET VACATION
All that certain real property situate in the City of Cupertino,County of Santa Clara,State of California,
being a portion of Pruneridge Avenue as shown on that certain Parcel Map filed for record on October O1,
1976 in Boolc 380 of Maps at Page 49,Santa Clara County Records,and being more particularly
described as follows:
Beginning at the intersection of the centerline of Pruneridge Avenue(92' wide)and Tantau Avenue(75'
wide)as shown on said Parcel Map,
Thence westerly along the centerline of said Pruneridge Avenue, South 89°25'11"West,37.51 feet to a
point on the southerly prolongation of the westerly right-of-way line of said Tantau Avenue,and said
point also being the True Point of Beginning;
Thence northerly along said prolongation,North 00°26'29"East,95.12 feet to a point of cusp;
Thence along the northerly right-of-way line of said Pruneridge Avenue,the following twelve(12)
courses and distances:
i. Along a non-tangent curve to the right having a radius of 50.00 feet,and to which point a radial
line bears South 89°33'31"East,through a central angle of 88°58'42"for an arc distance of 77.65
feet;
2. South 89°25'11"West, 114.23 feet;
3. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears North 00°34'39"West,through a central angle of 25°10'09"for an arc distance of
283.78 feet;
4. Along a non-tangent curve to the right having a radius of 554.00 feet,and to which point a radial
line bears South 25°46'00"East,through a central angle of 04°20'22"for an arc distance of 41.96
feet;
5. South 00°12'S7"West, 1.08 feet;
6. Along a non-tangent curve to the right having a radius of 555.00 feet,and to which point a radial
line bears South 21°23'16"East,through a central angle of 20°47'48"for an arc distance of
201.45 feet;
7. South 89°25'19"West,211.89 feet;
8. Along a non-tangent curve to the right having a radius of 555.04 feet,and to which point a radial
line bears South 00°35'03"East,through a central angle of 41°28'12"for an arc distance of
40 i.70 feet;
9. North 49°06'20"West, 799.86 feet;
10. Along a non-tangent curve to the left having a radius of 645.00 feet,and to which point a radial
line bears North 40°53'45"East,through a central angle of 40°17'19"for an arc distance of
453.54 feet;
11. North 89°23'S3"West,40.04 feet;
12. Along a curve to the right having a radius of 60.00 feet,through a central angle of 12°59'48"for
an arc distance of 13.61 feet;
Thence leaving said northerly line of Pruneridge Avenue,the following eleven(11)courses and distances:
1. South 00°35'45"West, 12.54 feet;
2. Along a curve to the left having a radius of 9.50 feet,through a central angle of 89°59'38"for an
arc distance of 14.92 feet;
I:IPROJECTSIA11020.21DOCSISURVEY DOCSILEGAL DESCR/PTIONSIPRUNERlDGE VACAT/OMLega/Description.docx
October 14,2013
Job No.A11020-2
Page 2 of 2
3. South 89°23'S3"East,47.00 feet;
4. Along a curve to the right having a radius of 87.50 feet,through a central angle of 21°59'15"for
an arc distance of 33.58 feet;
5. South 67°24'38"East, 12.97 feet;
6. Along a curve to the left having a radius of 62.50 feet,through a central angle of 15°55'S4"for an
arc distance of 17.38 feet to a point of reverse curvature;
7. Along a curve to the right having a radius of 612.50 feet,through a centra(angle of 34°14'12"for
an arc distance of 365.99 feet;
8. South 49°06'20"East, 105.52 feet;
9. Along a curve to the left having a radius of 173.50 feet,through a central angle of 22°55'10"for
an arc distance of 69.40 feet to a point of reverse curvature;
10. Along a curve to the right having a radius of 35.50 feet,through a central angle of 202°55'10"for
an arc distance of 125.73 feet;
11. South 40°53'40"Wesf;4.00 feet to a point on the southerly right-of=way line of said Pruneridge
Avenue;
Thence along said southerly line,the following seven(7)courses and distances:
1. South 49°06'20"East,612.97 feet;
2. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears South 40°53'09"West,through a central angle of 41°28'12"for an arc distance of
467.57 feet;
3. North 89°25'19"East,211.91 feet;
4. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears South 00°35'28"East,through a central angle of 25°10'27"for an arc distance of
283.83 feet;
5. Along a non-tangent curve to the right having a radius of 554.00 feet, and to which point a radial
line bears North 25°44'48"West,through a central angle of 25°10'09"for an arc distance of
243.36 feet;
6. North 89°25'11"East, 110.81 feet;
7. Along a curve to the right having a radius of 50.00 feet,through a central angle of 91°O1'18"for
an arc distance of 79.43 feet to a point of cusp on the westerly right-of-way line of said Tantau
Avenue;
Thence northerly along the previously mentioned prolongation of the westerly right-of-way line of Tantau
Avenue,North 00°26'29"East,96.91 feet to the True Point of Beginning.
Containing 4.534 f Acres.
As shown on EXHIBITPSA-2aattached hereto and by this reference made a part hereof.
Legal Description prepared by Kier&Wright, Civil Engineers & Surveyors,Inc.
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r� � Mi,ri iciv tR=50.00') �. �
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�� w� �i`i' � 46. „ POINT OF
�i° �i° ��� �1���22$3�g L3 G� 75' BEGINNING
... M� M� � \ " �= �� L�
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� ,'' �i� �i� D�2��45 \ GZ � °' L14 '
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W �• � � ���� p-?2�3 36 �� � BEGINNING
m -- AVENUE � �
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W "< g46•�� w �c�r�`r� o�i� Q
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PRUNERIDGE ��.ty o�� Q
AVENUE TO BE ��� Z�� �"" �
VACATED
� � 4.534tACRES �' � � � � � � � '� � Z ,
S 21°23'16"E�R)� G2 �
� (R=555.00') � CURVE TABLE:
O N
o ' R'S�A�Qa \\ � ' CURVE RADIUS DELTA LENGTH
C3 N � p-22��!�5 � C1 50.00' 88°58'42" 77.65'
L7 L6 �4p 4SOp, �. � � �� � � � � � .� C2 554.00' 04°20'22" 41.96'
� �g ��S3���9�� �a DETAIL C3 60.00' 12Q59'48" 13.61'
� $4� `�' SCALE: 1"=10' C4 9.50' 69 59'38" 14.92'
C L9 C6 /�, •� � C5 87.50' 21°59'15" 33.58'
� ��3 sr?S • C6 62.50' 15°55'S4" 17.38'
O ��36J7�92� ��N40°53'45"E�R� C7 173.50' 22°55'10" 69.40'
(R=645.00')
( � C8 35.50' 202°55'10" 125.73'
��' �..",.i':': ::: :�' C9 50.00' 91°01'18" 79.43'
W h° �'o �i38C3�;< �+:3;: ..
LL , h`�' `�.y
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, � , :...:'`:�.:. ' ' . °OS, PORTION OF
� � !3='� •`�:. �`*�? �py PRUNERIDGE AVENUE
, L11 Vq' GL TO BE VACATED
� :.y , :,t �� 4.534 t ACRES
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LINE TABLE: ��'?O� �Q �6'"
LINE BEARIIVG DISTANCE c� �j_ ��~
L1 S 89°25'11"W 37.51' V�I �
L2 N 00°26'29"E 95.12' I y�,Q �3���, k
L3 S 89°25'11"W 114.23' 6 - �� ,� o��`OO `°
D�
L4 S 00°12'57"W 1.08' �`'•9j��O�j� 5�'� �o�h
� LAND s L5 S 89°25'19"W 211.89' � R� ,; �
��`'�`' � M.q,y ��'L�, L6 N 89°23'S3"W 40.04' i �c4�SS�
\ �P �9 o L7 S 00°35'45"W 12.54' ` � ��gOj��2 W
� � 9 � L8 S 89°23'53"E 47.00' :•' :,,,;• : : �
L9 S67°24'38"E 12.97' iJc�c�..... :3+�333?�'s • � �
� '`
L10 S 49°06'20"E 105.52' 0
'*' /b`/.�i•13 *' L11 S 40°53'40"W 4.00' pR 6g `;' m
J'I. iyo $,��D� ��Q' L12 N89°25'19"E 211.91' <¢�28�0� �•�V� Q
9T� OF �A��F�� L14 N 00°26'29"E 196.91' 6'S�2ry ';�V�
. _.
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DATE OCf.2013
PLAT TO ACCOMPANY LEGAL DESCRlPTION SCALE
FOR: STREET VACATION t" = zoo'
CUPERTINO CALIFORNIA DR. BY SB
k KIER & WRIGHT JOB Ai,ozo-z
EXH I B IT PSA-ZCa W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard,Bullding 22 (408)727 6665
us�xs�e� k�P'itOdCiS�AlIOID-7�U'AL�AFMY�7lA1S�P0.U11EPoDG[VAGII�\SiflEFT YIiCAOa!\C-PtAl.drg ce�e is,2c 3 esc a sanca Ciara,Califomia 95054 fax(aos)n�56ai � OF �
RESOLUTION N0. 13-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
VACATTNG A PORTION OF THE PRUNERIDGE AVENUE RIGHT-OF-WAY
BETWEEN NORTH TANTAU AVENUE AND NORTH WOLFE ROAD AND
VARIOUS EASEMENTS BOUNDED BY NORTH WOLFE ROAD, HOMESTEAD
ROAD, NORTH TANTAU AVENUE, AND HIGHWAY 280,
AS PROVIDED IN SECTION 8320 ET SEQ. OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA
WHEREAS, pursuant to Streets and Highways Code Section 8300 et seq. of the
State of California, the City of Cupertino is authorized to vacate street rights-of-way
and public easement interests; and
WHEREAS, development of the proposed Apple Campus 2 Project, which
consists of redevelopment of an existing office park into a single, unified campus on
property generally bounded by North Wolfe Road, Homestead Road, North Tantau
Avenue, and Highway 280, requires vacation of a portion of a City street known as
Pruneridge Avenue that intersects the Project site as more particularly described in the
legal description and map attached hereto and made a part hereof as Exhibits "V-1" and
"V-2" (the Fee Vacation Area); and
WHEREAS, development of the proposed Apple Campus 2 Project requires
vacation of various public street easements for access and public service easements for
utilities and light and air within the proposed Apple Campus 2 Project site, more
particularly described in Exhibits "V-3" through "V-15" (Legal Descriptions and Plats)
attached hereto and made a part hereaf (the Easement Vacation Area) ; and
WHEREAS, the City Council did, on the 17th day of September 2013, adopt a
resolution of intention to vacate the aforementioned portion of Pruneridge Avenue and
the public easements (the "Vacations"), and the City Clerk has conspicuously posted
ten (10) signs on Pruneridge Avenue not more than 300 feet apart and on the Project site
for a period of more than two weeks and published notice declaring said intention, and
the date, time, and place of a public hearing to consider said intention, pursuant to the
provisions of Section 8320 et seq. of the California Streets and Highways Code; and
� WHEREAS, public utilities were notified of the intent to vacate Pruneridge
Avenue and the various easements and have not commented, although they are aware
Resolution No. 13-086
Page 2
of the proposed Apple Campus 2 and are actively working with Apple Inc. on the
design of utility relocations; and
WHEREAS, the City Council of the City of Cupertino held a hearing at the
noticed date, time, and location and heard any evidence offered by interested persons;
and
WHEREAS, the Planning Commission of the City of Cupertino found that these
Vacations are consistent with the General Plan as amended by the proposed General
Plan amendments for the Apple Campus 2 Project; and
WHEREAS, the vacation of the Fee Vacation Area and the Easement Vacation
Area are included in the Project that is evaluated in the Apple Campus 2 Environmental
Impact Report ("EIR"), certified on October 15, 2013 by the City Council of the City of
Cupertino, Resolution No. 13-082.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby finds and determines, from all the evidence submitted, that
1. Pursuant to sections 8324 of the California Streets and Highways Code, when
considering the entire transportation network in the City and surrounding jurisdictions,
the portion of Pruneridge Avenue in the Fee Vacation Area is no longer needed by the
public, is unnecessary for present and prospective public use, and is no longer needed
for vehicular traffic because there are adequate alternative circulation routes around the
proposed Apple Campus 2 development consisting of North Wolfe Road, East
Homestead Road, Vallco Parkway, and North Tantau Avenue, which provides
adequate facilities for automobile traffic and along which sidewalks and bicycle
facilities around the site will be enhanced in order to offset the impact upon pedestrians
and bicycle traffic due to the closure of Pruneridge Avenue; additional traffic
enhancements and improvements will be constructed to accommodate additional and
diverted traffic, minimizing the impacts upon the community and the surrounding
communities and adjacent roads or freeway; the circulation within the Project will be
provided by separate private streets and pathways; and in-place public utilities serving
other properties will be relocated to other locations without any interruption or
degradation in service; and
2. Pursuant to sections 8324 of the California Streets and Highways Code, the
public easements in the Easement Vacation Area are no longer needed by the public
and are unnecessary for present and prospective public use because the Apple Campus
2 Project includes development of all necessary access and utilities to serve the Project
2
Resolution No. 13-086
Page 3
and because public utilities serving other properties will be relocated to other locations
without any interruption or degradation in service; and
3. Pursuant to section 8340 of the California Streets and Highways Code, public
convenience and necessity requires that this vacation does not reserve any easement or
rights to maintain, operate, replace, remove, or renew any in-place public utility
facilities that are in use because the utilities that currently serve the Project site will no
longer be necessary and because this Resolution will not become effective until utilities
that serve other properties have been relocated; and
4. Pursuant to section 8313 of the California Streets and Highways Code, these
Vacations are consistent with the General Plan as amended by Resolution No. 13-083;
and
5. Pursuant to sections 8314 and 892 of the California Streets and Highways Code,
these Fee and Easement Vacation Areas are not useful as a non-motorized transportation
facility because of the security requirements for access to the Apple Campus 2 Project,
because the circulation of pedestrian and bicycles around the perimeter of the site and on
nearby facilities that provide parallel routes, such as Vallco Parkway, will be enhanced in
order to offset the impact upon pedestrians and bicycle traffic due to the closure of
Pruneridge Avenue, and because alternative pedestrian and bicycle routes will continue to
provide reasonable access and circulation; and
6. Pursuant to section 8355 of the California Streets and Highways Code, for
the reasons set out in finding No. 1, the portion of Pruneridge Avenue in the Fee
Vacation Area is no longer needed by the public and thus the City may sell the Fee
Vacation Area; and
7. The Vacations are in the interest of the safety, convenience and good of the
general public, are reasonably related to the regional welfare and, pursuant to section
37350 of the California Government Code, the Vacations and any future duly
authorized disposal of the Fee and Easement Vacation Areas are for the common
benefit, because they are necessary to accommodate the Apple Campus 2 Project, which
will contribute to the health, safety and welfare of the public and the community as a
whole. Vacating the Fee and Easement Vacation Areas will allow Apple to create a
world-class corporate campus and meet the City's objective of retaining Apple's
corporate headquarters. The Project will have fiscal benefits for the City and the
surrounding region as demonstrated in the Economic and Fiscal Impacts reports for the
Project. It will increase employment in Cupertino by increasing the number of
employees on the site. The Project will also increase the number of trees on the site. The
3
Resolution No. 13-086
Page 4
Project requires a single, unified, private and secure campus in order to address security
needs, and thus keeping Pruneridge Avenue open to the public is incompatible with the
Project. The circulation of pedestrians and bicycles around the site will be enhanced in
order to offset the impact upon pedestrians and bicycle traffic due to the closure of
Pruneridge Avenue. The Project will greatly expand the permeable surface area of the
site, improve water quality in the nearby Calabazas Creek, and create substantial
private open space. All of the Project's energy needs will be provided by renewable
energy. The Project will utilize extensive Traffic Demand Management strategies in
order to minimize the number of single occupant vehicles driving to and from the site.
The Project includes mitigation measures designed to reduce the traffic impact upon the
neighborhood, the City and the surrounding affected communities. Additional traffic
enhancements and improvements have been included in the Project to minimize the
impact upon the community and the surrounding communities and adjacent roads or
freeways and to improve emergency response times throughout the City. The Project
will be constructed on an infill site and will result in regional environmental benefits
because it will not require extension of utilities or roads into undeveloped areas or lead
to development of greenfield sites in the region; and
8. For the reasons set forth in the preceding finding, as well as the benefits
identified in the Statement of Overriding Considerations, these Vacations are in the
public interest.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cupertino hereby vacates a portion of Pruneridge Avenue from North Wolfe
Road to North Tantau Avenue in Cupertino, as shown and described in Exhibits "V-1"
and "V-2" hereto, pursuant to the provisions of Section 8320 et seq. of the California
Streets and Highways Code.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cupertino hereby vacates public easements, consisting of access, public utility,
and light and air easements, within the proposed Apple Campus 2 development,
generally bounded by North Wolfe Road, Homestead Road, North Tantau Avenue, and
Highway 280 in Cupertino, as shown and described in Exhibits "V-3" through "V-15"
hereto, pursuant to the provisions of Section 8320 et seq. of the California Streets and
Highways Code.
NOW, THEREFORE, BE IT RESOLVED that this Resolution shall not become
effective unless and until (1) the City and Apple Inc. have entered into a Development
Agreement, (2) City Council Ordinance No. 13-2114 approving the Development
Agreement has become effective, (3) the City and Apple Inc. have entered into a Purchase
4
Resolution No. 13-086
Page 5
and Sale Agreement for the Fee Vacation Area, (4) all in-place public utilities necessary to
serve other properties have been relocated to the satisfaction of the Director of Public
Works, and (5) Pruneridge Avenue is closed to public traffic.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the
City of Cupertino that the City Clerk is hereby authorized, upon notification from the
Director of Public Works that Apple Inc. has met all precedent conditions, to record or
cause to be recorded the executed original of this Resolution in the Office of the
Recorder of the County of Santa Clara, at which time the vacation will be complete and
the area vacated will no longer be a City street or public service easements.
PASSED AND ADOPTED at an Adjourned Regular meeting of the City
Council of the City of Cupertino this 15th day of October, 2013, by the following vote:
Vote Members of the Citv Council
AYES: Mahoney, Wong, Chang, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: Sinks
ATTEST: APPROV .
,�
�.��� � �
�/�r��' 1tit t�
Grace Schmidt, City Clerk ��-j'��-�� Orrin Mahoney, Mayor, City of Cupertino
7HI5 IS YO CERTIFY THAT THE WITHIN
lNSTRUMENT IS A TRUE AND CORRECT COPY
�F TFi�ORIGINAL ON FILE IN THIS OFFICE
ATTESl�� l ° � � � , 20 �3
CIT1� CL�ERK OF THE CITY OF CUPERTINO
BYy..__. ��-_ ��
j��-t.r GI;Y CLERK
5
EXHIBIT V-1
EXHIBIT V-1
LEGAL DESCRIPTION
FOR: STREET VACATION
All that certain real property situate in the City of Cupertino,County of Santa Clara,State of California,
being a portion of Pruneridge Avenue as shown on that certain Parcel Map filed for record on October O1,
1976 in Book 380 of Maps at Page 49, Santa Clara County Records,and being more particularly
described as follows:
Beginning at the intersection of the centerline of Pruneridge Avenue(92' wide)and Tantau Avenue(75'
wide)as shown on said Parcel Map,
Thence westerly along the centerline of said Pruneridge Avenue,South 89°25'11"West,37.51 feet to a
point on the southerly prolongation of the westerly right-of-way line of said Tantau Avenue,and said
point also being the True Point of Beginning;
Thence northerly along said prolongation,North 00°26'29"East,95.12 feet to a point of cusp;
Thence along the northerly right-of-way line of said Pruneridge Avenue,the following twelve(12)
courses and distances:
1. Along a non-tangent curve to the right having a radius of 50.00 feet,and to which point a radial
line bears South 89°33'31"East,through a central angle of 88°58'42"for an arc distance of 77.65
feet;
2. South 89°25'11"West, 114.23 feet;
3. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears North 00°34'39"West,through a central angle of 25°10'09"for an arc distance of
283.78 feet;
4. Along a non-tangent curve to the right having a radius of 554.00 feet,and to which point a radial
line bears South 25°46'00"East,through a central angle of 04°20'22"for an arc distance of 41.96
feet;
5. South 00°12'S7"West, 1.08 feet;
6. Along a non-tangent curve to the right having a radius of 555.00 feet,and to which point a radial
line bears South 21°23'16"East,through a central angle of 20°47'48"for an arc distance of
201.45 feet;
7. South 89°25'19"West,211.89 feet;
8. Along a non-tangent curve to the right having a radius of 555.00 feet,and to which point a radial
line bears South 00°35'03"East,through a central angle of 41°28'12"for an arc distance of
401.70 feet;
9. North 49°06'20"West,799.86 feet;
10. Along a non-tangent curve to the left having a radius of 645.00 feet, and to which point a radial
line bears North 40°53'45"East,through a central angle of 40°17'19"for an arc distance of
453.54 feet;
11. North 89°23'S3"West,40.04 feet;
12. Along a curve to the right having a radius of 60.00 feet,through a central angle of 12°59'48"for
an arc distance of 13.61 feet;
Thence leaving said northerly line of Pruneridge Avenue,the following eleven(11)courses and distances:
1. South 00°35'45"West, 12.54 feet;
2. Along a curve to the left having a radius of 9.50 feet,through a central angle of 89°59'38"for an
arc distance of 14.92 feet;
l:IPROJECTSIA>1020-21DOCSISURVEY DOCSILEGAL DESCR/PTIONSIPRUNERIDGE VACATIOMLegal Description.docx
October 14,2013
Job No.A 11020-2
Page 2 of 2
3. South 89°23'S3"East,47.00 feet;
4. Along a curve to the right having a radius of 87.50 feet,through a central angle of 21°59'15"for
an arc distance of 33.58 feet;
5. South 67°24'38"East, 12.97 feet;
6. Along a curve to the left having a radius of 62.50 feet,through a central angle of 15°55'S4"for an
arc distance of 17.38 feet to a point of reverse curvature;
7. Along a curve to the right having a radius of 612.50 feet,through a central angle of 34°14'12"for
an arc distance of 365.99 feet;
8. South 49°06'20"East, 105.52 feet;
9. Along a curve to the left having a radius of 173.50 feet,through a central angle of 22°55'10"for
an arc distance of 69.40 feet to a point of reverse curvature;
10. Along a curve to the right having a radius of 35.50 feet,through a central angle of 202°55'10"for
an arc distance of 125.73 feet;
11. South 40°53'40"VJest;4.00 feet to a point on the southerly right-of=way line of said Pruneridge
Avenue;
Thence along said southerly line,the following seven(7)courses and distances:
1. South 49°06'20"East,612.97 feet;
2. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears South 40°53'09"West,through a central angle of 41°28'12"for an arc distance of
467.57 feet;
3. North 89°25'19"East,211.91 feet;
4. Along a non-tangent curve to the left having a radius of 646.00 feet,and to which point a radial
line bears South 00°35'28"East,through a central angle of 25°10'27"for an arc distance of
283.83 feet;
5. Along a non-tangent curve to the right having a radius of 554.00 feet,and to which point a radial
line bears North 25°44'48"West,through a central angle of 25°10'09"for an arc distance of
24336 feet;
6. North 89°25'11"East, 110.81 feet;
7. Along a curve to the right having a radius of 50.00 feet,through a central angle of 91°O1'18"for
an arc distance of 79.43 feet to a point of cusp on the westerly right-of-way line of said Tantau
Avenue;
Thence northerly along the previously mentioned prolongation of the westerly right-of-way line of Tantau
Avenue,North 00°26'29"East,96.91 feet to the True Point of Beginning.
Containing 4.534 f Acres.
As shown on EXHIBIT V-2 attached hereto and by this reference made a part hereof.
Legal Description prepared hy Kier&Wright, Civil Engineers & Surveyors,Inc.
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Ryan M. Amaya LS 8134 Y� �`
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I:IPROJECTSIA91020-21DOCSISURVEYDOCSILEGAL DESCRIPTIONSIPRUNERIDGE VACATIOMLegal Description.docx
:�:} :::� --+ -� W EXHIBIT V-2
. . .. �, �, �
. ..... ....:. . ........ ,
��:a�::i�.:.'�:�;� w� w� -- - z
`r°io °oio S 89°33'31'_E�, j
�j � N��ri ,�a.�v (R=50.00') ��
Wi^ Wi^ Ni� Ni� g46.p0�„ � Q POINT OF
oio N�oo ��� �i�p 2g°37g, L3 G� 75' BEGINNING
_ ���; �,� t 1 �.=2:.
ro r� ��, � � � L2 � L1
� :� �°i� �°i� p 2 547'48�, �\ �1 °' L14 � -
201.45' GZ
0 ;; L5 � �-' L4 5����„ } L13 09 TRUE POINT OF
R °10flg �
m ' AVENUE \� � r-�2 D=22�g.36 � � BEGINNING
W `�' � R_6�g.00' , ��;�'�r, �'� �i� Q
� �• PORTION OF ��2a3 83 �o�s �,'o�'i� Q
..,_ PRUNERIDGE � o�ii
AVENUE TO BE ��� Z�� f"' �
VACATED r
� � � � � � �
� � 4.534 t ACRES �' � ; ;
S 21°23'16"E�� �
� (R=555.00') �� 2
� p0 „ � G ' CURVE TABLE:
o ' Ft%5�q1'Qa � � CURVE RADIUS DELTA LENGTH
C3 N � O'? p1!�5 � C1 50.00' 88°58'42" 77.65'
R, 2
L7 L6 �'4 6450 � � � �"� � � � � � .� C2 554.00' 04°20'22" 41.96'
C4 �8 �:S3>>9�� �o DETAIL C3 60.00' 12°59'48" 13.61'
C5 � S4 �`�'� SCALE: 1"=10� C4 9.50' 89°59'38" 14.92'
L9 C6 R� •� C5 87.50' 21°59'15" 33.58'
D,'sl?
Q �36Sg?" �(R 645.00') E�R� C7 173.50' 22°55'10" 69.40'
� � C8 35.50' 202°55'10" 125.73'
� ��i '••' C9 50.00' 91°01'18" 79.43'
W �o ��o . . '•�38:i��; �:3�. ..
-� � "> '• • h� C'� ,��Ao
� � , :::f;�".�...E::.�6 . Os, PORTION OF
' � �3'-'� �� �'�� �'O-. PRUNERIDGE AVENUE
� L11 V� Gy TO BE VACATED
� :: ;..:.••i: : o��: 4.534±ACRES
:.� �.q .
... :.f:. :.. .. (r �
I • 13��} `::•it'�j � 490 � �99
LINE TABLE: �6?p� �Q �6'"
LINE BEARING DISTANCE cc �Q� �Q'~
L1 S 89°25'11"W 37.51' /� o; ��
L2 N 00°26'29"E 95.12' �,[� �3�O, k
L3 S 89°25'11"W 114.23' s "l�O �� o�p��OO `°
L ANp L4 S 00°12'S7"W 1.08' ��9>�� C �,���0 No�{h
�p S'� L5 S 89°25'19"W 211.89' � ,4 : �
��`� � M,qM 'AG�, L6 N 89°23'53"W 40.04' � �`�7 SSO ,
\ �P �99 o V S 00°35'45"W 12.54' ; ��4��8�r�
� � L8 S 89°23'S3"E 47.00' '��' ��p•2 W
L9 $fi7°24'38"E 12.97' �€:t:;c �..... �a i�;3337�} •� � �
7k' ���/S•/3 * L11� S 40°53'40"VV 104.0' pR`s `•=:; m
�S'I. No D� �Q' L12 N 89°25'19" E 211.91' ��4��26��� �� '; Q
'9lF $1� p�� L13 N 89°25'11"E 110.81' gs�Sj2" `�; w
OF �A��� L14 N 00°26'29"E 96.91' :;, �
. _:
. �
. ,
PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE OCT.2013
FOR: STREET VACATION SCALE �"= 200'
CUPERTINO CALIF�RNIA DR. BY SB
k KIER & WRIGHT jOB a,iozo-z
EXH I BIT V-2 W CIVIL ENGINEERS &SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard,Buliding 22 (408)727 6665
urx�e�ae t�PBQkC15�AiID20-1�'AC\9�MY�DLAIS�RU�RIpI VFG71pR\9 rR'Fi YI.CAOCN\f-P�Ai.d+g am3:a is.x a s:se au San�a Clara,[alifornia 95o5a fax(408)727 5641 � OF �