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PC Reso 6760 RESOLUTION NO. 6760 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN AMENDMENT, HOUSING E LEMENT UPDATE, AND ASSOCIATED REZONING PROJECT; AND ADOPTION OF FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MEASURES,AND A MITIGATION MONITORING AND REPORTING PROGRAM CONSISTENT WITH ITS RECOMMENDATION OF THE PROJECT SECTION I: PROJECT DESCRIPTION Application No: EA-2013-03 Applicant: City of Cupertino Location: Citywide SECTION II: ENVIRONMENTAL REVIEW PROCESS WHEREAS pursuant to City Council direction to initiate a project to replenish, reallocate and increase citywide development allocations in order to plan for anticipated future development activity while keeping with the community's character, goals, and objectives, and to consolidate development requests by several property owners for amendments to the General Plan, both under a comprehensive community vision, and WHEREAS, pursuant to State Housing Law, the City Council has directed staff to update the Housing Element of the General Plan and make associated zoning amendments to comply with State Law; and WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Title 14, Sections 15000 et seq. of the California Code of Regulations) ("CEQA Guidelines"), the City of Cupertino as lead agency caused the General Plan Amendment, Housing Element Update and Associated Rezoning Final Environmental Impact Report (SCH#20140322007) ("EIR") to be prepared; and WHEREAS, on March 5, 2014, the City issued Notice of Preparation for the EIR for the Project. A scoping session was held on March 11, 2014 to provide the public the opportunity to comment on the topics to be studied in the Draft Environmental Impact Report ("Draft EIR"). Public comments were collected through the scoping period's conclusion on Apri17, 2014; and WHEREAS, from April 8, 2014 to June 17, 2014, the City prepared a Draft EIR pursuant to the requirements of CEQA and the CEQA Guidelines; and WHEREAS, the Draft EIR was released for a 45-day public review/comment period beginning on June 18, 2014 and ending August 1, 2014; and Resolution No. 6760 EA-2013-03 October 20,2014 Page-2- WHEREAS, the Notice of Completion of the Draft EIR was sent to the State Clearinghouse in the Governor's Office of Planning and Research on June 18, 2014 under State Clearinghouse No. 2014032007, and the Notice of Availability was filed with the Santa Clara County Clerk- Recorder on the same day and was also: (1) sent to other potentially affected agencies as required by CEQA; (2) sent to adjacent property owners as required by CEQA; and (3) posted at the Project site and at City Hall; and WHEREAS, on June 24, 2014, the City held a duly noticed public meeting during the public comment period on the Draft EIR to allow the public an additional opportunity to provide input on the DEIR and received public testimony; and WHEREAS, following the close of the public review and comment period on the Draft EIR, responses to written comments concerning the adequacy of the DEIR received during the public review and comment period have been prepared and compiled in the Response to Comments Document, which includes revisions to the DEIR("RTC Document"); and WHEREAS, the RTC Document was issued on August 28, 2014 and notice of availability was sent to the Santa Clara County Clerk Recorder's Office, posted at City Hall and the Project site, and sent to lO local libraries and interested persons registered through the project website; and WHEREAS, copies of the RTC Document were sent to all public agencies that commented on the Draft EIR; and WHEREAS, the City received comments on the Draft EIR following the close of the public review and comment period ("Late Comments") and, although pursuant to Public Resources Code Section 21091(d)(1) and CEQA Guidelines Section 15088(a) written responses are not required, responses to Late Comments have been provided with staff reports; and WHEREAS, pursuant to Cupertino Municipal Code Section 2.86.100, the Housing Commission is authorized to assist the Planning Commission and the City Council in developing housing policies and strategies for implementation of general plan housing element goals; and WHEREAS, the necessary public notices have been given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Housing Element and proposed amendments to the Cupertino Municipal Code pertaining to housing and affordable housing, were presented to the Housing Commission at a public hearing on August 28, 2014; and WHEREAS, on August 28, 2014, the Housing Commission recommended that the City Council authorize staff to forward the Draft Housing Element to the State Department of Housing and Community Development (HCD) and use the High-Low prioritization of Potential Housing Element Sites; WHEREAS, the necessary public notices have been given as required by the procedural ordinances of the City of Cupertino and the Governxnent Code, the Draft EIR, the RTC Resolution No. 6760 EA-2013-03 October 20,2014 Page-3- Document, and all documents incorporated therein were presented to the Planning Commission on September 9, 2014 at a Planning Commission Study Session; and WHEREAS, on October 2, 2014, City Staff presented the Draft EIR and the RTC Document, and all documents incorporated therein, to the Environmental Review Committee ("ERC") for review and recommendation. After considering the documents, and Staff's presentation, the ERC recommended that the City of Cupertino City Council approve the Project; and WHEREAS, Supplemental Text Revisions to the General Plan Amendment, Housing Element Update and Associated Rezoning, which is part of the Final EIR, identifies revisions which are typographical corrections, insignificant modifications, amplifications and clarifications of the Draft EIR and the RTC Document; and WHEREAS, the "Final EIR" consisting of the Draft EIR (published in June 2013), the RTC Document(published in September 2013), and Supplemental Text Revisions and all documents incorporated therein was presented to the City Council on October 7, 2014 at a City Council Study Session; 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 14, 2014 and October 20, 2014 to consider the project. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony, staff reports, public comments, other evidence submitted in this matter, and the substantial evidence in the record, the Planning Commission recommends that the City Council: 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 Findings and a Statement of Overriding Considerations with regard to the significant effects of the Project as recommended by the Planning Commission on October 20, 2014 for approval by the City Council("Recommended Project"); . 3. Adopt and incorporate into the Recommended Project all of the mitigation measures for the Recommended Project that are within the responsibility and jurisdiction of the City that are identified in the Findings. 4. Adopt the Mitigation Monitoring and Reporting Program for the Recommended Project. Resolution No. 6760 EA-2013-03 October 20,2014 Page-4- PASSED AND ADOPTED this 20� day of October, 2014, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy,Vice Chair Lee, Gong, Sun NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS:Takahashi ATTEST: APPROVED: � � Aarti Shrivastava Paul Brophy, r Assistant City Manager Planning Co i ' EXHIBIT EA-2 Mitigation Monitoring and Reporting Program This Mitigation Monitoring and Reporting Program (MMRP)has been prepared for the General Plan Amendment,Housing Element Llpdate and Associated Rezoning Project.The purpose of the MMRP is to ensure the implementation of mitigation measures identified as part of the environmental review for the proposed Project.The MMRP includes the following information: ■ The full text of the mitigation measures; � The party responsible for unplementing the mitigation measures; ■ The timing for implementation of the mitigation measure; " The agency responsible for monitoring the implementation; and ■ The monitoring action and frequency. The City of Cupertino must adopt this MMRP, or an equally effective program,if it approves the proposed Project with the mitigation measures that were adopted or made conditions of project approval. PIACEtNORKS � GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Parly Responsible Implementation Mitigation Measures for Implementation Timing AIR QUALITY AQ 2a:As part of the City's development approval process, City of Cupertino the City shall require applicants for future development projects to comply with the current Bay Area Air Quality Management District's basic control measures for reducing construction emissions of PMlo. A42b:As part of the City's development approval process the City shall require applicants for future development projects that could generate emissions in excess of the Bay Area Air quality Management District's(BAAQMDs)current significance thresholds during construction,as determined by project-level environmental review,when applicable,to implement the current BAAQMD construction mitigation measures(e.g.Table 8-3 of the BAAQMD CEQA Guidelines)or any construction mitigation measures subsequently adopted by the BAAQMD. AQ,4a:Applicants for future non-residential land uses within the city that: 1)have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered Transport Refrigeration Units (TRUs),and 2)are within 1,000 feet of a sensitive land use (e.g.residential,schools,hospitals,nursing homes),as measured from the property line of the proposed Project to the property line of the nearest sensitive use,shall submit a health risk assessment(HRA)to the City of Cupertino prior to future discretionary Project approval.The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the Bay Area Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds ten in one million(10E-06), PM2.5 concentrations exceed 0.3µg/m3,or the appropriate noncancer hazard index exceeds 1.0,the City of Cupertino City of Cupertino Prior to Construction During Construction Prior to Construction Prior to future project approval Agency Responsible Monitoring for Monitoring Action City of Cupertino Department of Public Works City of Cupertino Department of Public Works City of Cupertino Department of Public Works Plan Review and Approval Plan Review and Approval Monitoring Frequency During scheduled construction site inspections. During scheduled construction site inspections. HRA Review and Once Approval Z OCT06ER 4, 201Q GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Parly Responsible Implementation Mitigation Measures for Implementation Timing Agency Responsible Monitoring Monitoring for Monitoring Action Frequency applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics(T-BACTs)are capable of reducing potential cancer and noncancer risks to an acceptable level,including appropriate enforcement mechanisms.T-BACTs may include but are not limited to: • Restricting idling on-site. ■ Electrifying warehousing docks. • Requiring use of newer equipment and/or vehicles. ■ Restricting offsite truck travel through the creation of truck routes. • T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a . component of the proposed Project. AQ,4b:Applicants for residential and other sensitive land use City of Cupertino Prior to future project City of Cupertino HRA review and Once projects(e.g.hospitals,nursing homes,day care centers)in approval Department of approvai Cupertino within 1,000 feet of a major sources of TACs(e.g. Public Works warehouses,industrial areas,freeways,and roadways with traffic volumes over 10,000 vehicle per day),as measured from the property line of the project to the property line of the source/edge of the nearest travel lane,shall submit a health risk assessment(HRA)to the City of Cupertino prior to future discretionary Project approval.The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment (OEHHA)and the Bay Area Air Quality Management District. The latest OEHHA guidelines shall be used for the analysis, including age sensitivity factors,breathing rates,and body weights appropriate for children age 0 to 16 years. If the HRA shows that the incremental cancer risk exceeds ten in one million(10E-06), PMZ.SCOncentrations exceed 0.3µg/m3,or the appropriate noncancer hazard index exceeds 1.0,the applicant will be required to identify and demonstrate that eGacewa��s 3 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Party Responsible Implementation Mitigation Measures for Implementation Timing mitigation measures are capable of reducing potential cancer and non-cancer risks to an acceptable level(i.e.below ten in one million or a hazard index of 1.0),including appropriate enforcement mechanisms.Measures to reduce risk may include but are not limited to: � Air intakes located away from high volume roadways and/or truck loading zones. ■ Heating,ventilation,and air conditioning systems ofthe buildings provided with appropriately sized Maximum Efficiency Rating Value(MERV)filters. Mitigation measures identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site development plan as a component of the proposed Project.The air intake design and MERV filter requirements shall be noted and/or reflected on all building plans submitted to the City and shall be verified by the City's Planning Division. BIOLOGICAL RESOURCES BIO-1:Nests of raptors and other birds shall be protected City of Cupertino when in active use,as required by the federal Migratory Bird Treaty Act and the California Department of Fish and Game Code. If construction activities and any required tree removal occur during the breeding season(February 1 and August 31), a qualified biologist shall be required to conduct surveys prior to tree removal or construction activities.Preconstruction surveys are not required for tree removal 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 tree removal or construction. Preconstruction surveys shall be repeated at 14-day intervals until construction has been initiated in the area after which Agency Responsible Monitoring Monitoring for Monitoring Action Frequency Prior to Construction California Preconstruction Once Department of Fish Survey and Wildlife 4 pCTpBER 9, 2Q14 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Party Responsible Implementation Mitigation Measures for Implementation Timing surveys can be stopped. Locations of active nests containing viable eggs or young birds shall be documented and protective measures implemented underthe direction ofthe qualified biologist until the nests no longer contain eggs or young birds. Protective measures shall include establishment of clearly delineated exclusion zones(i.e.demarcated by identifiable fencing,such as orange construction fencing or equivalent) around each nest location as determined by a qualified biologist,taking into account the species of birds nesting,their tolerance for disturbance and proximity to existing development.In general,exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status.The radius of an exclusion zone may be increased by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with California Department of Fish and Wildlife.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. HAZARDS AND HAZARDOUS MATERIALS HAZ,4a:Construction at the sites with known contamination shall be conducted under a project-specific Environmental Site Management Plan(ESMP)that is prepared in consultation with the Regional Water Quality Control Board(RWQCB)or the Department of Toxic Substances Control(DTSC),as appropriate.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 site and to address the City of Cupertino Prior to Construction Agency Responsible Monitoring for Monitoring Action City of Cupertino Department of Public Works Environmental Site Management Plan Monitoring Frequency Once PLACEWOl2KS Jr GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Parly Responsible Implementation Mitigation Measures for Implementation Timing 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 laws,policies,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. HAZ,4b:For those sites with potential residual contamination in 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. 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 vapor barriers,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- 4a). City of Cupertino Prior to redevelopment Agency Responsible Monitoring for Monitoring Action City of Cupertino Vapor Intrusion Department of Assessment Public Works Monitoring Frequency G QCTO&ER 9, 201Q GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TAa�1 MITIGATION MONITORING AND REPORTING PROGRAM Party Responsible Implementation Mitigation Measures for Implementation Timing TRANSPORTATION AND TRAFFIC TRAF-1:The City of Cupertino shall commit to preparing and City of Cupertino implementing a Transportation Mitigation Fee Program to guarantee funding for roadway and infrastructure improvements that are necessary to mitigate impacts from future projects based on the then current City standards.As part of the preparation of the Transportation Mitigation Fee Program,the City shall also commit to preparing a"nexus" study that will serve as the basis for requiring development impact fees under AB 1600 legislation,as codified by California Code Government Section 66000 et seq.,to support implementation of the proposed Project.The established procedures under AB 1600 require that a"reasonable relationship"or nexus exist between the transportation improvements and facilities required to mitigate the transportation impacts of new development pursuant to the proposed Project.The following examples of transportation improvements and facilities would reduce impacts to acceptable level of service standards and these,among other improvements,including multimodal improvements that reduce automobile trips and relieve congestion,could be included in the development impact fees nexus study: • SR 85 Northbound Ramps and Stevens Creek Boulevard (#2):An exclusive left-turn lane for the northbound leg of the intersection(freeway off-ramp)at the intersection of SR 85 and Stevens Creek Boulevard would result in one left-turn lane,one all-movement lane,and one right turn lane.The additional lane could be added within the existing Caltrans right-of-way. ■ Stelling Road and Stevens Creek Boulevard(#3):The addition of a second exclusive left-turn lane for the eastbound leg of the intersection from Stevens Creek Boulevard to northbound Stelling Road,which could be Upon adoption of proposed Project Agency Responsible Monitoring Monitoring for Monitoring Action Frequency City of Cupertino Transportation Once Department of Mitigation Fee Public Works Program PGacewa�KS 7 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Party Responsible Implementation Mitigation Measures for Implementation Timing accomplished by reworking the median. Right turns would share the bike lane. ■ Sunnyvale-Saratoga Road/De Anza Boulevard and Homestead Road(#5):Widen De Anza Boulevard to four lanes in each direction or the installation of triple left- turn lanes. ■ De Anza Boulevard and I-280 Northbound Ramp(#6): Restriping of De Anza Boulevard in the southbound direction to provide room for right turn vehicles to be separated from through traffic may be required.The bike lane woutd be maintained,and right turns would occur from the bike lane.The right turns would continue to be controlled by the signal and would need to yield to pedestrians. ■ De Anza Boulevard and Stevens Creek Boulevard(#8): Restripe westbound Stevens Creek Boulevard to provide room for right turn vehicles to be separated from through vehicles may be required.The right turn vehicles will share the bike lane and will still be controlled by the traffic signal.Paint a bike box at the front of the lane to provide bikes a place to wait at red lights.The pedestrian crossings will not be affected may enhance the bicycling experience. ° De Anza Boulevard and McClellan Road/Pacifica Drive(#9): Realign the intersection that is currently offset resulting in inefficient signal timing such that the McClellan Road and Pacifica Drive legs are across from each other may be required. In addition,double left turn lanes may be required to be added to De Anza Boulevard with sections of double lanes on McClellan Road and Pacifica Drive to receive the double left turn lanes.These improvements will require the acquisition of right-of-way and demolition of existing commercial buildings. However,some existing right-of-way could be abandoned,which would reduce Agency Responsible Monitoring Monitoring for Monitoring Action Frequency S OCTOBER 9, 2Q14 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Party Responsible Implementation Mitigation Measures for Implementation Timing the net right-of-way take. • Wolfe Road and Homestead Road(#16):The addition of a third southbound through lane to the southbound approach of the intersection of Wolfe Road and Homestead Road may be required,as well as the addition of a southbound exclusive right-turn lane.Three southbound receiving lanes on the south side of the intersection currently exist.An additional westbound through lane for a total of three through-movement lanes,an additional receiving lane on Homestead westbound to receive the additional through lane,as well as the addition of a westbound exclusive right-turn lane may be required.This will require widening Homestead Road.An additional eastbound through lane for a total of three through-movement lanes,an additional receiving lane on Homestead eastbound to receive the additional through lane,as well as the addition of an eastbound exclusive left-turn lane for a total of two left-turn lanes may be required.These improvements will require the acquisition of right-of-way and demolition of parking areas. ■ Wolfe Road and I-280 Northbound Ramp(#18):The Apple Campus 2 project will be adding a third northbound lane starting at the northbound on ramp.This third lane will need to be extended farther south to effectively serve the additional northbound traffic due to the General Plan development.This could require widening the Wolfe Road overcrossing. Right-of-way acquisition may be required.In accordance with Caltrans procedures,a Project Study Report(PSR)will need to be prepared.The PSR will look at all interchange improvement options, which may include widening the overcrossing and may include redesign of the interchange to go from a partial cloverleaf design to a diamond design.This could help Agenc.y Responsible Monitoring Monitoring for Monitoring Action Frequency ���cewoxKS 9 GENERAL PLAN AMENDMENT, HOUS�NG ELEMENT UPDATE, AND ASSOCIATED REZONING C�TY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Party Responsible Implementation Mitigation Measures for Implementation Timing 0 � 0 with heavy volumes in the right lane,which contributes to the level-of-service deficiency. Wolfe Road and I-280 Southbound Ramp(#19):An additional through lane for a total of three through- movement lanes for the northbound leg of the intersection at the Wolfe Road and I-280 Southbound Ramp may be required.This additional northbound through lane would require widening to the freeway overcrossing.In addition to widening the overcrossing, the City may wish to pursue a redesign of the interchange to go from a partial cloverleaf design to a diamond design.This could help with the problem of heavy volume in the right lane,which contributes to the level of service deficiency. Wolfe Road/Miller Avenue and Stevens Creek Boulevard (#21):The restriping of the westbound leg of the intersection to provide room so that right turn vehicles can be separated from through vehicles may be required. Right turn vehicles would share the bike lane.Right turn vehicles would still be controlled by the signal,and pedestrian crossings would not be affected. Paint a bike box at the front of the lane to provide bikes a place to wait at red lights may enhance the bicycling experience. North Tantau Avenue/Quail Avenue and Homestead Road (#24): Restriping of the southbound leg of the intersection(Quail Avenue)to provide a separate left turn lane may be required.This will require the removal of on-street parking near the intersection.The level-of- service calculations show that with implementation of these improvements,the intersection would operate at an acceptable LOS D. Tantau Avenue and Stevens Creek Boulevard(#27):The addition of a separate left-turn lane to northbound Tantau Avenue may be required. Right-of-way acquisition and demolition of existing commercial buildings would be Agency Responsible Monitoring for Monitoring Action Monitoring Frequency 10 ocTOSee e, 2oia GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Party Responsible Implementation Mitigation Measures for Implementation Timing required. • Stevens Creek Boulevard and Agilent Technologies Driveway(#30):The restriping of the westbound leg of the intersection to provide room so that right turn vehicles can be separated from through vehicles may be required. Right turn vehicles would share the bike lane. Right turn vehicles would still be controlled by the signal, and pedestrian crossings would not be affected.Paint a bike box at the front of the lane to provide bikes a place to wait at red lights may enhance the bicycling experience. � Lawrence Expressway Southbound Ramp and Stevens Creek Boulevard(CMP,County)(#31):The addition of a second right-turn lane for the southbound leg of the intersection at the Lawrence Expressway Southbound Ramp and Stevens Creek Boulevard may be required. Both lanes would need to be controlled by the signal,and disallow right turns on red.Right-of-way acquisition may be required. • Lawrence Expressway Northbound Ramp and Stevens Creek Boulevard(CMP,County)(#32):Redesign of the northbound leg of the intersection at the Lawrence Expressway Northbound Ramp and Stevens Creek Boulevard to provide one through-movement lane,and one exclusive right-turn lane may be required. Right-of- way acquisition would be required. The fees shall be assessed when there is new construction,an increase in square footage in an existing building,or the conversion of existing square footage to a more intensive use. The fees collected shall be applied toward circulation improvements and right-of-way acquisition.The fees shall be calculated by multiplying the proposed square footage, dwelling unit,or hotel room by the appropriate rate. Agency Responsible Monitoring Monitorfng for Monitoring Action Frequency w�ae�wa�KS 11 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM TABLE 1 MITIGATION MONITORING AND REPORTING PROGRAM Parry Responsible Implementation Mitigation Measures for Implementation Timing Transportation mitigation fees shall be included with any other applicable fees payable at the time the building permit is issued.The City shali use the transportation mitigation fees to fund construction(or to recoup fees advanced to fund construction)of the transportation improvements identified above,among other things that at the time of potential future development may be warranted to mitigate transportation impacts. UTILITIES AND SERVICE SYSTEMS Agency Responsible Monitoring Monitoring for Monitoring Action Frequency UTIL-6a:The City shall work with the Cupertino Sanitary City of Cupertino Upon Adoption of City of Cupertino Increase Once District to increase the available citywide treatment and proposed Project Department of treatment and transmission capacity to 8.65 million gallons per day,or to a Public Works transmission lesser threshold if studies justifying reduced wastewater capacity generation rates are approved by CSD as described in Mitigation Measure UTIL-6c. .._......._..--.........--.____._.__.._.......___._.._._.___...__.__....._.._._._.._...____...._..___...._.......__.._......._......._._.___._...___._____._.____._.__.__._.___..---..._..__.---__..._.._._________...�_._...----._____---------.-----.--.-.---.-.----.--..._.._...__..._..___.._.___---------._..__..___._ UTIL-6b:The City shall work to establish a system in which a City of Cupertino Upon Adoption of City of Cupertino No building Once per approved development monitoring and tracking system to tabulate proposed Project Department of permits issued project cumulative increases in projected wastewater generation Public Works for projects from approved projects for comparison to the Cupertino anticipated to Sanitary District's treatment capacity threshold with San exceed CSD Jose/Santa Clara Water Pollution Control Plant is prepared and treatment implemented.If it is anticipated that with approval of a capacity development project the actual system discharge would exceed the contractual treatment threshold,no building permits for such project shall be issued prior to increasing the available citywide contractual treatment and transmission capacity as described in Mitigation Measure UTIL-6a. �2 pCiQBER 9. 207q T,aB�1 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING CITY OF CUPERTINO MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures UTIL-6c:The City shall work with the Cupertino Sanitary District to prepare a study to determine a more current estimate of the wastewater generation rates that reflect the actual development to be constructed as part of Project implementation.The study could include determining how the green/LEED certified buildings in the City reduce wastewater demands. UTIL,B:The City shall continue its current recycling ordinances and zero-waste policies in an effort to further increase its diversion rate and lower its per capita disposal rate. In addition,the City shall monitor solid waste generation volumes in relation to capacities at receiving landfill sites to ensure that sufficient capacity exists to accommodate future growth.The City shall seek new landfill sites to replace the Altamont and Newby Island landfills,at such time that these landfilis are closed. Party Responsible Implementation Agency Responsible Monitoring for Implementation Timing for Monitoring Action City of Cupertino Upon Adoption of the City of Cupertino Study of proposed Project Department of Wastewater Public Works Generation Rates City of Cupertino Ongoing City of Cupertino Department of Public Works Monitoring Frequency Once Secure new Ongoing landfill options prior to close of Altamont and Newby Island landfills P�acewaa�s 13