CC Resolution No. 18-084 Certifying an Environmental Impact Report for the Vallco Special Area Specific Plan Project, Apopting CEQA Findings and a Statement of Overriding Considerations, Mitigation Measures, and MitigationRESOLUTION NO. 18-084
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CERTIFYING AN ENVIRONMENTAL IMP ACT REPORT FOR THE V ALLCO
SPECIAL AREA SPECIFIC PLAN PROJECT, ADOPTING CEQA FINDINGS AND A
STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MEASURES,
AND A MITIGATION MONITORING OR REPORTING PROGRAM
SECTION I: PROTECT DESCRIPTION
Application No: EA-2017-05
Applicant: City of Cupertino
Location: 10101 to 10333 N Wolfe Rd
APN#s: 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105,
316-20-106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099,
316-20-100, 316-20-095
SECTION II: ENVIRONMENT AL REVIEW PROCESS
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,
prepared an Environmental Impact Report for the Valko Special Area Specific Plan (SCH
No. 2018022021) ("EIR" or "Final EIR"); and
WHEREAS, pursuant to City Council direction, the project consists of a specific plan for
the Valko Special Area, as provided for in the General Plan, in order to plan for future
development activity along with any required changes to the adopted General Plan
goals, policies and strategies for the Special Area as well as zoning text and map
amendments, adoption of a development agreement, and other approvals (the "Project"),
all as described in Chapter 3 of the Draft EIR as amended by text revisions in Sections 6.0
and 7.0 of the Responses to Comments Document in the Final EIR, and
WHEREAS, on February 9, 2018, the City issued Notice of Preparation ("NOP") of an EIR
for the Project; and
WHEREAS, the NOP was circulated for review and comment by responsible and trustee
agencies and the public for 31 days from February 9, 2018 through March 12, 2018; and
Resolution No. 18-084 Page No. 2 of 5 Valko Special Area Specific Plan -EIR
WHEREAS, a scoping meeting was held on February 22, 2018 to provide the public the
opportunity to comment on the scope and content of the EIR; and
WHEREAS, a Draft EIR, consisting of one volume (plus Appendices provided on CD),
was prepared and issued for public review and comment for a 45-day period beginning
on May 24, 2018 and ending on July 9, 2018; and
WHEREAS, a Notice of Completion of the Draft EIR was sent to the State Clearinghouse
in the Governor's Office of Planning and Research on May 24, 2018 under State
Clearinghouse No. 2018022021, and a 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 interested parties registered through
the project website by electronic mail and (3) published subsequently in a newspaper of
general circulation to announce the availability of the Draft EIR; and
WHEREAS, on June 19, 2018, the City held a duly noticed public meeting during the
public comment period to allow the public an additional opportunity to provide input
on the Draft EIR and received public testimony; and
WHEREAS, an recirculated amendment to the Draft EIR, the Vallco Special Area Specific
Plan Environmental Impact Report Amendment ("EIR Amendment"), consisting of one
volume (plus Appendices on CD), was prepared to analyze an additional alternative
identified by the City Council at its Study Session on June 4, 2018, as well as revisions to
the text of the Draft EIR, and was issued for public review and comment for a 45-day
period beginning on July 6, 2018 and ending on August 20, 2018; and
WHEREAS, a Notice of Completion of the EIR Amendment was sent to the State
Clearinghouse in the Governor's Office of Planning and Research on July 6, 2018 under
State Clearinghouse No. 2018022021, and a 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; (3) sent to interested parties registered through the project website by
electronic mail; and (4) published subsequently in a newspaper of general circulation to
announce the availability of the EIR Amendment; and
WHEREAS, on August 7, 2018, the City held a duly noticed public meeting during the
public comment period to receive public comment on the EIR Amendment; and
WHEREAS, following the close of the public review and comment period on both the
Draft EIR and the EIR Amendment, responses to written and oral comments on the Draft
EIR and the EIR Amendment that were received during the public review and comment
Resolution No. 18-084 Page No. 3 of 5 Vallco Special Area Specific Plan -EIR
periods and that raised environmental issues were prepared and compiled in the
Response to Comments Document, which includes a revised project based on direction
from the City Council at its June 4, 2018 study session, text revisions to the Draft EIR and
the EIR Amendment ("Response to Comments Document"); and
WHEREAS, the Final EIR was published on August 27, 2018, and includes a revised
project and other text revisions that are not considered "significant new information"
pursuant to CEQA Guidelines Section 15088.5 because these changes: would not result in
a new environmental impact, and would not cause a substantial increase in the severity
of an environmental impact; the project sponsor would adopt the revised mitigation
measures, if the measures are selected by the City Council; and the revised project and
other text revisions are substantially similar to the previously analyzed project
alternatives and the measures identified in the Draft EIR and EIR Amendment; therefore,
recirculation of EIR pursuant CEQA Guidelines Section 15088.5 is not required; and
WHEREAS, the City provided written responses to public agencies that commented on
the Draft EIR and/or the EIR Amendment by sending them copies of the Final EIR, which
contains responses to comments, on August 27, 2018; and
WHEREAS, the Final EIR consists of the May 2018 Draft EIR, the July 2018 EIR
Amendment, the August 2018 Final EIR document which contains responses to
comments on the Draft EIR and EIR Amendment, and the August 30, 2018, September
11, 2018, and September 13, 2018 2018 Supplemental Text Revisions to the Valko Special
Area Specific Plan Final Environmental Impact Report; and
WHEREAS, the City received comments on the EIR following the close of the public
review and comment periods ("Late Comments") and, although written responses are
not required pursuant to Public Resources Code Section 21091(d)(l) and CEQA
Guidelines Section 15088(a), responses were provided to the Planning Commission in a
late comments memo dated September 4, 2018 as a desk item, and to the City Council in
late comments memo dated September 12, 2018 included in the agenda packet for the
September 18, 2018 meeting and a late comments memo dated September 18, 2018
presented as a desk item for the September 18, 2018 meeting; and
WHEREAS, the Final EIR was presented to the Environmental Review Committee
("ERC") for review and recommendation on August 31, 2018, and after considering the
Final EIR, and Staff's presentation, the ERC recommended on a 5-0 vote that the City
Council certify the EIR; and
WHEREAS, all necessary public notices were given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning
Resolution No. 18-084 Page No. 4 of 5 Valko Special Area Specific Plan -EIR
Commission held a duly noticed public hearing on September 4, 2018 to receive
testimony on the Final EIR and the Project, and reviewed and considered the information
contained in the Final EIR along with staff reports pertaining to the Project, all other
pertinent documents, and all written and oral statements received by the Planning
Commission at or prior to the public hearing; and
WHEREAS, based on substantial evidence in the administrative record, on September 4,
2018 the Planning Commission recommended on a 5-0 vote that the City Council certify
that the Final EIR 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, adopt the Findings and Statement of Overriding
Considerations, adopt and incorporate into the Project and implement all of the
mitigation measures for the Project that are within the responsibility and jurisdiction of
the City that are identified in Findings, in substantially similar form to the Resolution
presented (Resolution No. 6860); and
WHEREAS, all necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the City Council held
a duly noticed public hearing on September 18, 2018 to receive testimony on the Final EIR
and the Project, and reviewed and considered the information contained in the Final EIR
along with staff reports pertaining to the Project, all other pertinent documents, and all
written and oral statements received by the City Council at or prior to the public hearing.
NOW, THEREFORE, BE IT RESOLVED:
That the City Council:
1. Certifies that the Final EIR for the Project has been completed in compliance with
CEQA and reflects the independent judgment and analysis of the City.
2. Finds that no recirculation of the EIR is required.
3. Adopts the Findings and a Statement of Overriding Considerations for the Project,
attached hereto as Exhibit EA-1 and incorporated herein by reference, with regard to
the significant environmental effects of the Project
4. Adopts and incorporates into the Project all of the mitigation measures that are within
the responsibility and jurisdiction of the City that are identified in the Findings.
5. Adopts the Mitigation Monitoring or Reporting Program, attached hereto as Exhibit
EA-2 and incorporated herein, for the Recommended Project.
6. Adopts and incorporates into the Project all of the conditions of approval and
standard permit conditions that are identified in the Mitigation Monitoring or
Reporting Program.
Resolution No. 18 -0 84 Page No . 5 of 5 Vallco Special Area Specific Plan -EIR
PASSED AND ADOPTED this 19th day of September, 2018 (continued from September
18, 2018), Special Meeting of the City Council of the City of Cupertino, State of California,
by the following roll call vote :
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Paul, Sinks, Chang, Vaidhyanathan
Scharf
None
None
Grace Schmidt /D. )_ -/ J
City Clerk
APPROVED:
~ 05---V
( ~~Paul
Mayor, City of Cupertino
EXHIBIT EA-1
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS AND STATEMENT
OF OVERRIDING CONSIDERATIONS FOR THE V ALLCO SPECIAL AREA
SPECIFIC PLAN PROJECT
I. INTRODUCTION
The City of Cupertino ("City"), as the Lead Agency under California Environmental
Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., has prepared the
Final Environmental Impact Report for the Vallco Special Area Specific Plan (State
Clearinghouse No. 2018022021) ("Final EIR" or "EIR"). The Final EIR is a project EIR
pursuant to section 15161 of the State Guidelines for implementation of the CEQA
("CEQA Guidelines').1 The Final EIR consists of the May 2018 Draft Environmental
Impact Report ("Draft EIR"), the July 2018 Environmental Impact Report Amendment
("EIR Amendment"), the August 2018 Final Environmental Impact Report volume, and
the August 30, 2018, September 11, 2018, and September 13, 2018 Supplemental Text
Revisions to the Vallco Special Area Specific Plan Final Environmental Impact Report.
Pursuant to Public Resources Code Section 21093 and CEQA Guidelines Section 15152,
this Final EIR tiers from the City's certified 2014 General Plan Amendment, Housing
Element Update, and Associated Rezoning EIR (State Clearinghouse No. 2014032007)
("General Plan EIR"). CEQA Section 21093(b) states that environmental impact reports
shall be tiered whenever feasible, as determined by the lead agency. "Tiering" refers to
using the analysis of general matters contained in a broader EIR (such as one prepared
·fora general plan or policy statement) in subsequent EIRs or Initial Studies/negative
declarations on narrower projects; and concentrating the later environmental review on
the issues specific to the later project. CEQA Guidelines §15152(a). The General Plan EIR
evaluated, at a program-level and limited project-level, the environmental impacts of
developing the project.
In determining to approve the Valko Town Center Specific Plan2 (the "Project," referred
to as the Final EIR as the "revised project"), which is described in more detail in Section
II, below, the Council makes and adopts the following findings of fact and statement of
overriding considerations, and adopts and incorporates into the Project the mitigation
measures identified in the EIR, all based on substantial evidence in the whole record of
1 The State CEQA Guidelines are found in California Code of Regulations, Title 14, Section
15000 et seq.
2 Following publication of the EIR, the Project was renamed from Vallco Special Area Specific
Plan to Vallco Town Center Specific Plan.
this proceeding ("administrative record"). Pursuant to CEQA Guidelines§ 15090(a), the
EIR was presented to the City Council of the City of Cupertino, and the City Council
reviewed and considered the information contained in the EIR prior to making the
findings in Sections IV to XII, below. The conclusions presented in these findings are
based upon the EIR and other evidence in the administrative record.
II. PROJECT DESCRIPTION
The City undertook a community-based planning process to develop a Specific Plan for
the Valko Special Area. The proposed Project, which is described in Section 2.4 of the
Draft EIR as revised by Sections 2.1 (Revised Project) and 6.0 (Text Revisions) of the
Final EIR, is the adoption of the community-developed Vallco Special Area Specific
Plan and associated General Plan and Zoning Code amendments. As defined by
Government Code Section 65450, a specific plan is a tool for the systematic
implementation of the general plan. It establishes a link between implementing policies
of the general plan and the individual development proposals in a defined area.
The project site ("Plan Area") consists of approximately 70 acres, approximately 58
acres of which is currently available for development. The developable area consists of
multiple parcels and is located on both sides of North -Wolfe Road, between Valko
Parkway and Interstate 280 (I-280) on the east side of North Wolfe Road and between
Stevens Creek Boulevard and Valko Parkway on the west side of North Wolfe Road, in
the City of Cupertino. The locations of the proposed land uses have not been finalized;
therefore, for the purposes of the EIR and these Findings, it is assumed the uses could
be placed anywhere within the site. The Specific Plan identifies three districts -the
Retail/Entertainment Mixed-use District (generally the area south of Valko Parkway
and to the west of North Wolfe Road), the Neighborhood Mixed-use District (generally,
the areas to the north of Valko Parkway and to the west of North Wolfe Road) and the
Office Mixed-use District (located north of Valko Parkway and to the east of North
Wolfe Road). It is expected that more of one use than another may be present in each of
these districts; for example, while more commercial development is expected on the
ground level in the Retail/Entertainment Mixed-use District, the uses on the upper
levels may consist of a mix of the other allowed uses on the site . Similarly, while more
residential development is expected in the Neighborhood Mixed-use District, office or
commercial development could be located here. In addition, while more office
development is anticipated in the Office Mixed-use District, residential or commercial
development is also allowed without limitation.
The maximum allowable amount of development in the Plan Area is identified in the
Specific Plan as a two-tier program. Under the Tier 1 Development Program, as shown
in Table 3.2 of the Specific Plan, the amount of development in the Plan Area would be
a maximum of 2,034 residential units, a minimum of 600,000 square feet of
commercial/retail uses, a maximum of 750,000 square feet of office uses, a maximum of
191 additional hotel rooms,3 and a minimum of 6 acres of public (at-grade) open space.
There is no minimum square footage for civic/cultural uses.
Under the Tier 2 Development Program, a City-defined "community benefits density
bonus" is available for projects in the Plan Area, as an alternative to the state Density
Bonus law, that provides specified community benefits in addition to complying with
the standard requirements of the Specific Plan. As shown in Table 3.3 of the Specific
Plan, the amount of Tier 2 development in the Plan Area would be a maximum of 2,923
residential units, a minimum of 485,000 square feet of commercial/retail subject uses
(which includes 85,000 square feet for civic/cultural uses), a maximum of 1,500,000
square feet of office uses, a maximum of 250,000 square feet of office amenity space, a
maximum of 191 additional hotel rooms,4 and a minimum of 6 acres of public (at-grade)
open space.
Consistent with the adopted General Plan, and as described in Section 2.1 of the Final
EIR, the proposed Specific Plan would facilitate a total maximum development capacity
of 460,000 square feet of commercial uses (including a 60,000 square foot performing
arts theater), 1,750,000 square feet of office uses and office amenity space, 339 hotel
rooms, 2,923 residential units, and 35,000 square feet of civic space (including 10,000
square feet of governmental use and 25,000 square feet of education space). The
proposed Specific Plan development reflects the buildout assumptions (including the
adopted residential allocation available) for the site in the City's adopted General Plan.
Centrally located open space, in a Town Square format, would be provided on the site.
The balance of the commercial uses would consist of commercial uses, which include,
among other uses, retail stores and restaurants. The residential component of the project
would be multi-family attached units. It is possible that on-site commercial and
residential amenities could include pools. The office development could be occupied by
one large tenant or multiple smaller tenants.
In addition, the project includes up to 25,000 square feet of civic spaces in the form of an
adult education center and a Science Technology Engineering and Mathematics (STEM)
lab, as well as roof gardens or green roofs. The roof could include outdoor use areas
3 A 148-room Hyatt House Hotel is currently under construction.
4 See Footnote 2, above.
such as outdoor dining, playgrounds, walking paths, and picnic areas. It is assumed
that the green roof would not include active play fields or courts.
The development would also include residential amenities such as club houses,
gymnasiums, private open space and pools, while any office development would
include amenities such as high volume entry areas, fitness areas, anechoic chamber
areas, unoccupied lab areas, server areas, or cafes. Amenities, such as cafes or
gymnasiums, may be located on the rooftop and could add up to 20 feet to the height of
the buildings so long as they are centrally located on the building.
The maximum building height would be between 45 feet and 160 feet, with the
maximum building heights on the west side of North Wolfe Road between 60 feet and
120 feet, and the maximum building heights on the east side of North Wolfe Road
between 60 and 160 feet. The taller buildings would be located away from North Wolfe
Road and Valko Parkway. Development would be set back a minimum of 35 feet from
face of the curb along Stevens Creek Boulevard. Under the Specific Plan, Perimeter
Road and the existing sound wall along the western site boundary would remain.
In addition, the revised project includes construction or funding for the construction of
a new City Hall at the Cupertino Civic Center as described in the City's Civic Center
Master Plan. The environmental impacts of replacing the existing City Hall building
with a new 40,000 square foot City Hall building (as well as expanding the existing
library to include a new Program Room) were evaluated in the May 2015 Cupertino Civic
Center Master Plan Initial Study, incorporated herein by reference. The City adopted a
Mitigated Negative Declaration for the Cupertino Civic Center Master Plan project and
approved the project in July 2015.5
5 Mitigated Negative Declaration (July 7, 2015) and City Council Resolution No. 15-060 (July 7,
2015).
The project would require General Plan. amendments at the time of adoption of the
Specific Plan so that both documents are consistent as of the date of adoption. The
amendments would be as follows:
• The footnote to General Plan Table LU-1 would be removed, once the Specific
Plan is adopted, because it will be obsolete, and replaced with a footnote
applicable to the Specific Plan.6
• The Specific Plan would allow for an average residential density of greater than
35 units per acre plus any allowed state density bonus; therefore, the residential
density for the Plan Area in the Land Use Element (Table LU-1 and Figure LU-2)
and in the Housing Element would be amended to reflect the maximum
residential density allowed on the site.
• The General Plan would be amended to ensure that there are no inconsistencies
between the General Plan and the development standards in the Specific Plan
such as allowed land uses (e.g., civic uses), density and building height, as well
as conforming changes to the title of the Specific Plan as referenced throughout
the EIR, including amendments to Strategy LU-13.1, Goal LU-19, Policies LU-19.1
through LU 19.1.7 and Figure PA-1.
• The General Plan would be amended to remove the requirement that 30% of the
commercial space be entertainment uses.
• The General Plan would be amended to remove the requirement that buildings
must meet the 1:1 building slope line along North Wolfe Road .
In addition to General Plan amendments and adoption of a Specific Plan, the revised
project would also involve the following discretionary approvals by the City to
implement the Specific Plan, including but not limited to:
• Rezoning
• Tentative Map
• Development Permits
• Architectural and Site Approvals
6 The footnote in General Plan Table LU-I states: "Buildout totals for Office and Residential
allocation within the Vallco Shopping District are contingent upon a Specific Plan being adopted
for this area by May 31, 2018. If a Specific Plan is not adopted by that date, City will consider
the removal of the Office and Residential Allocations for Vall co Shopping District." Source:
City of Cupertino. Cupertino General Plan Community Vision 2015-2040. October 15 , 2015.
Table LU-1 , footnote**, Page LU-13.
• Tree Removal Permits
• Encroachment Permits
• Development Agreement with Valko Property Owner LLC (DA-2015-02, which
was applied for in 2015 and the application was reactivated in 2017 by Sand Hill
Property Company)
As set forth in Section 2.5 of the Draft EIR and Section 2.2 of the Final EIR, the City's
objectives for the project are as follows:
1. Create a distinct and memorable mixed use Town Center that is a regional
destination and is a focal point for the community involving substantial
redevelopment of the Vallco Special Area;
2. Provide adequate development capacity on the project site to h elp achieve the
City's Regional Housing Needs Allocation consistent with the Housing Element;
3. Provide adequate development capacity for a mix of uses that will allow for the
development of an economically feasible project;
4. Provide the City with an avenue for generating additional sales tax revenue;
5. Create a pedestrian, bike and transit-friendly environment that enhances
mobility and connectivity; and
6. Create a high-quality sustainable development with respect to energy, resources
and ecosystems that meets the City's environmental goals and the City's Climate
Action Plan.
The EIR identifies standard permit conditions and conditions of approval, which are
part of the project description, in addition to identifying mitigation measures to be
adopted. Standard permit conditions are measures required by laws and regulations
(primarily, the Cupertino Municipal Code) or are required to comply with laws and
regulations. While standard permit conditions are not mitigation measures, they may
assist in reducing environmental impacts.7 Conditions of approval also are not
mitigation measures. They are required of the project by the City, but do not
necessarily reduce an environmental impact.8
7 Final EIR, p. 13, fn . 3 .
8 Final EIR, p . 53, fn. 14.
III. ENVIRONMENTAL REVIEW PROCESS
In accordance with Section 15082 of the CEQA Guidelines, the City of Cupertino
prepared a Notice of Preparation ("NOP") of an EIR for the Valko Special Area Specific
Plan project. The NOP was sent to state and local responsible and trustee agencies and
federal agencies on February 9, 2018 . The 31-day comment period concluded on March
12, 2018. The NOP provided a description of the project and identified probable
environmental effects that could result from implementation of the project. The City
also held a public scoping meeting during the comment period on February 22, 2018 to
discuss the project and solicit public input as to the scope and content of the EIR. The
meeting was held at Cupertino Community Hall located at 10350 Torre A venue.
The City prepared the Draft EIR for the Vallco Special Area Specific Plan project in
compliance with the CEQA and the CEQA Guidelines. The Draft EIR was circulated for
public review and comment for 45 days from May 24, 2018 through July 9, 2018. During
this period, the Draft EIR was be available to the public and local, state, and federal
agencies for review and comment. Notice of the availability and completion of the Draft
EIR was sent directly to every agency, person, and organization that com_mented on the
NOP, as well as to the Office of Planning and Research. Written comments from public
agencies, organizations and individua,ls concerning the environmental review contained
in the Draft EIR were sent to the Community Development Department of the City of
Cupertino during and after the 45-day public review period on the Draft EIR. The City
also held a public meeting to take written and oral comments on the Draft EIR on June
19, 2018.
In response to community and City interest in having a greater number of housing units
with a greater than 15 percent below-market-rate housing component and the inclusion
of substantial community amenities, the City identified a fifth alternative, the Housing
Rich Alternative, to be evaluated in a recirculated EIR Amendment. The EIR
Amendment also included clarification regarding necessary General Plan amendments;
refinements to the proposed Transportation Demand Management (TDM) Program;
addition of state density bonus law and City-defined "community benefits density
bonus" program to analysis of project and project alternatives; refinements to the
discussion of select mitigation measures and a condition of approval; and updated
numbers for existing General Plan land use allocations available citywide. These
refinements did not substantially change the analysis in the Draft EIR.
The EIR Amendment was circulated for public review and comment for 45 days from
July 6, 2018 through August 20, 2018. During this period, the EIR Amendment was
available to the public and local, state, and federal agencies for review and comment.
Notice of the availability and completion of the EIR Amendment was sent directly to
every agency, person, and organization that commented on the (NOP for the Draft EIR,
as well as to the Office of Planning and Research. Written comments from public
agencies, organizations, and individuals concerning the environmental review
contained in the EIR Amendment were sent to the Community Development
Department of the City during and after the 45-day comment period on the EIR
Amendment. The City also held a public meeting to take written and oral comments on
the EIR Amendment on August 7, 2018 .
Following the conclusion of the 45-day public review period on the EIR Amendment,
the City prepared a Final EIR in conformance with CEQA Guidelines Section 15132. The
Final EIR includes a description of the revised project, which consists of revisions to the
previous project analyzed in the Draft EIR to address the City Council's direction to
include additional housing (including additional affordable housing) in the project in
conjunction with the desire for community benefits including a performing arts center,
a new City Hall, and transportation benefits aimed at reducing vehicle miles traveled,
as well as text revisions to the Draft EIR and EIR Amendment and responses to
comments received by the City of Cupertino on the Draft EIR and EIR Amendment.
These revisions do not require recirculation of the EIR because none of the revisions
constitute "significant new information" pursuant to CEQA Guidelines Section 15088.5
inasmuch as these changes would not result in a new environmental impact, and would
not cause a substantial increase in the severity of an environmental impact; the project
sponsor would adopt the revised mitigation measures, if the revised mitigation
measures are selected by the City Council; and the revised project and other text
revisions are substantially similar to the previously analyzed project alternatives and
the mitigation measures identified in the Draft EIR and EIR Amendment. Responses to
public agency comments on the EIR were sent to the commenting agencies on August
27, 2018.
On August 31, 2018, the Final EIR was presented to the Environmental Review
Committee ("ERC") for review and recommendation on August 31, 2018 and, after
considering the Final EIR and Staff's presentation, the ERC recommended that the City
Council certify the Final EIR. On September 4, 2018, at a duly noticed public hearing,
the Planning Commission recommended that the City Council certify the Final EIR.
IV. FINDINGS
These findings summarize the environmental determinations of the EIR about Project
impacts before and after mitigation, and do not attempt to repeat the full analysis of
each environmental impact contained in the EIR. Instead, these findings provide a
summary description of and basis for each impact in the EIR, describe the applicable
mitigation measures identified in the EIR, and state the City's findings and rationale
therefor on the significance of each impact with the adopted mitigation measures. A full
explanation of these environmental findings and conclusions can be found in the EIR,
and these findings hereby incorporate by reference the discussion and analysis in the
EIR supporting the 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 referred to, adopted, and incorporated 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 IX, below, provide brief descriptions of the impacts 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 UNA VOIDABLE IMPACTS WITH MITIGATION
INCORPORATED
The Final EIR identifies the following significant and unavoidable adverse impacts
associated with the approval of the Vallco Special Area Specific Plan Project, some of
which can be reduced, although not to a less-than-significant level, through
implementation of mitigation measures identified in the EIR. Pub. Resources Code§
21081(a)(l). In addition, the City cannot require adoption or implementation for
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 the adoption of feasible mitigation measures. To the extent that these
mitigation measures will not mitigate or avoid all significant effects on the
environment, 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 other agencies, it is hereby determined that these significant and
unavoidable adverse impacts are acceptable for the reasons specified in Section XI,
below. Pub. Resources Code§ 21081(a)(3). As explained in Section XII, below, the
findings in this Section are based on the Draft EIR, the EIR Amendment, and the Final
EIR, the discussion and analysis in which is hereby incorporated in fully by this
reference.
A. Impact AQ-2. The construction of the revised project would violate an
air quality standard or contribute substantially to an existing or
projected air quality violation.
The EIR finds that the revised project would result in significant air quality impacts
related to construction period dust and exhaust emissions. Implementation of the
project would result in short-term emissions from construction activities with
development, including site grading, asphalt paving, building construction, and
architectural coating. Emissions commonly associated with construction activities
include fugitive dust from soil disturbance, fuel combustion from mobile heavy-duty
diesel-and gasoline-powered equipment, portable auxiliary equipment, and worker
commute trips. During construction, fugitive dust, the dominant source of respirable
particulate matter (PM10) and fine particulate matter (PMz.s) emissions, is generated
when wheels or blades disturb surface materials. Uncontrolled dust from construction
can become a nuisance and potential health hazard to those living and working nearby.
Demolition and construction of buildings can also generate PM10 and PMz .s emissions.
Off-road construction equipment is often diesel-powered and can be a substantial
source of nitrogen oxide (NOx) emissions, in addition to PM10 and PMz.s emissions. The
.combination of temporary dust from activities and diesel exhaust from construction
equipment poses both a health and nuisance impact to nearby receptors.
Estimated construction emissions for the project would exceed the BAAQMD
significance threshold for NOx emissions during construction. Emissions of ROG, PM10
exhaust, and PMz .s exhaust during construction would be below BAAQMD significance
thresholds.
Implementation of MM AQ-2.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce construction-related emissions from the
project, but not to a less than significant level. Therefore, this impact is considered
significant and unavoidable.
MM AQ-2.1: Future development under the revised project shall implement the following
BAAQMD-recommended measures to control dust, particulate matter, and diesel exhaust
emissions during construction:
Basic Measures
1. All exposed surfaces (e.g., parking areas, staging areas, soil pil es, graded ar eas, and unpaved
access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-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.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. 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 .
6. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to two minutes unless subject to state law exemptions
(e.g., safety issues). Clear signage shall be provided for construction workers at all access
points.
7. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation .
8. Post a publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours . The Air District's phone number shall also be visible to ensure compliance
with applicable regulations.
Applicable Enhanced Control Measures
9. 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 moisture probe.
10. All excavation, grading, and/or demolition activities shall be suspended when average wind
speeds exceed 20 mph and visible dust extends beyond site boundaries .
11. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively
disturbed areas of construction adjacent to sensitive receptors. Wind breaks should have at
maximum 50 percent air porosity.
12. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is established.
13. The simultaneous occurrence of excavation, grading, and ground-disturbing construction
activities on the same area at any one time shall be limited. Activities shall be phased to
reduce the amount of disturbed surfaces at any one time.
14. Avoid tracking of visible soil material on to public roadways by employing the following
measures if necessary: (1) Site accesses to a distance of 100 feet from public paved roads
shall be treated with a 6 to 12 inch compacted layer of wood chips, mulch, or gravel and (2)
washing truck tires and construction equipment of prior to leaving the site.
15 . Sandbags or other erosion control measures shall be installed to prevent silt runoff to public
roadways from sites with a slope greater than one percent.
16. Minimizing the idling time of diesel powered construction equipment to two minutes unless
subject to state law exemptions (e.g., safety issues).
Exhaust Control Measures
17 . The project shall develop a plan demonstrating that the off-road equipment (more than 25
horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor
vehicles) would achieve a minimum project wide fleet-average 25 percent NOx reduction and
65 percent PM (particulate matter) exhaust reduction compared to the CalEEMod modeled
average used in this report. Acceptable options for reducing emissions include the use of
late model engines, low-emission diesel products, alternative fuels, engine retrofit
technology, after-treatment products, add-on devices such as particulate filters, and/or other
options as such become available. The following are feasible methods:
• All construction equipment larger than 25 horsepower used at the site for more than two
continuous days or 20 hours total shall meet EPA Tier 4 emission standards for NOx and
PM, where feasible.
• If Tier 4 equipment is not feasible, all construction equipment larger than 25 horsepower
used at the site for more than two continuous days or 20 hours total shall meet EPA
emission standards for Tier 3 engines and include particulate matter emissions control
equivalent to CARE Level 3 verifiable diesel emission control devices that altogether
achieve an 85 percent reduction in particulate matter exhaust .
• Use of alternatively-fueled equipment with lower NOx emissions that meet the NO x and
PM reduction requirements above.
• Diesel engines, whether for off-road equipment or on-road vehicles, shall not be left idling
for more than two minutes, except as provided in exceptions to the applicable state
regulations (e.g ., traffic conditions, safe operating conditions). The construction sites
shall have posted legible and visible signs in designated queuing areas and at the
construction site to clearly notify operators of idling limit.
• All on-road heavy-duty diesel trucks with a gross vehicle weight rating of 33,000 pounds
or greater (EMF AC Category HDDT) used at the project site (such as haul trucks, water
trucks, dump trucks, and concrete trucks) shall be model year 2010 or newer.
• Develop a Transportation Demand Management program for construction worker travel
that includes transit and carpool subsides in order to reduce worker trips.
• Provide line power to the site during the early phases of construction to minimize the use
of diesel powered stationary equipment, such as generators.
18. A project-specific construction management plan describing the measures to minimize
construction emissions shall be required of future development. As part of the construction
management plan, the on-site Construction Manager shall ensure and regularly document that
equipment, trucks, and architectural coatings meet the above mitigation requirements. The
documentation shall be submitted regularly to the City for review and compliance.
B. Impact AQ-3. The operation of the revised project would violate an air
quality standard or contribute substantially to an existing or projected
air quality violation.
The EIR finds that the revised project would exceed the significance thresholds for all
criteria air pollutant emissions (ROG, NOx, PM10, and PM2.s) on an annual and daily
basis, primarily due to the amount of development proposed and the substantial
amount of vehicle trips generated by the proposed uses. Accordingly, operational
emissions typically represent the majority of a project's air quality impacts. After a
project is built, operational emissions, including mobile and area sources (including tire
wear and brake wear), are anticipated to occur continuously throughout the project's
lifetime.
Implementation of the proposed TDM program and MM AQ-3.1, set forth below, which
is hereby adopted and incorporated into the project, would reduce the impact but not to
a less than significant level. Therefore, this impact is considered significant and
unavoidable.
MM AQ-3.1: Future development under the revised project shall use low-VOC paint (i.e., 50
g!L or less) on operational architectural coatings and no hearths or fireplaces (including natural
gas-powered) shall be installed in the residential units.
C. Impact AQ-4. The revised project would result in a cumulatively
considerable net increase in criteria pollutants (ROG, NOx, PM10, and/or
PM2 .s) for which the project region is non-attainment under an
applicable federal or state ambient air quality standard.
The discussion under Impact AQ-3 addresses cumulatively considerable net increases
of criteria pollutants or precursors. The project would have a cumulatively considerable
net increase in criteria air pollutants (ROG, NOx, PM10, and PM2.s ) and those emissions
are considered significant and unavoidable.
Implementation of MM AQ-4.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the impact but not to a less than significant
level. Therefore, this impact is considered significant and unavoidable.
MM AQ-4.1: Implement MM AQ-3 .1.
D. Impact AQ-6. The revised project would expose sensitive receptors to
substantial construction dust and diesel exhaust emissions
concentrations.
The revised project would expose sensitive receptors to concentrations of NOx
emissions that exceed the BAAQMD's threshold during construction. The exposure of
nearby sensitive receptors to construction-related dust and diesel exhaust emissions is
discussed under Impact AQ-2, above.
Implementation of MM AQ-6, set forth below, which is hereby adopted and
incorporated into the project, would reduce the impact but not to a less than significant
level. Therefore, this impact is considered significant and unavoidable.
MM AQ-6-1: Implement MM AQ-2 .1.
E. Impact NOI-1. The revised project would expose persons to or
generation of noise levels in excess of standards established in the
General Plan Municipal code, or applicable standard of other agencies.
The EIR finds that the revised project would result in construction noise that could
expose sensitive receptors to noise levels that exceed noise standards set forth in the
City's Municipal Code. Construction activities could generate considerable amounts of
noise, especially during demolition, earth-moving, and infrastructure construction
phases when heavy equipment is used. The highest maximum noise levels generated
by construction of the project would typically range from about 80 to 90 dBA Lmax at a
distance of 50 feet from the noise source. The Specific Plan includes a 56 foot "no build"
zone along the property lines of the single family residences on the west side of the
project area. The only types of construction in this zone would be streets, bike lanes,
open space and trails, This will help attenuate noise impacts from construction.
Several individual pieces of construction equipment would potentially produce noise
levels that would exceed the City's 87 dBA Lmax limit at 25 feet; the noisiest of which
would be impact pile driving. Impact pile driving would result in maximum noise
levels up to 105 dBA Lmax at 50 feet, which would equate to 111 dBA Lmax at 25 feet. This
would be a potentially significant impact. Further, it is conservatively assumed that
construction activities on the project site would exceed the 80 dBA L eq threshold at the
property lines of the nearby existing residences.
Implementation of MM NOI-1.1, MM NOI-1.2, MM NOI-1.3, MM NOI-1.4, MM NOI-
1.5, set forth below, which are hereby adopted and incorporated into the project, may
not mitigate construction noise of individual projects to a less than significant level.
Therefore, impacts from construction noise would be significant and unavoidable.
MM NOI-1.1: Construction activities under the revised project shall be conducted in
accordance with provisions of the City's Municipal Code which limit temporary construction
work to daytime hours, 9 Monday through Friday . Certain types of construction are prohibited
on weekends and all holidays pursuant to Municipal Code Sections 10.48.053(B), (C) and (D ).10
Further, the City requires that all equipment have high-quality noise mufflers and abatement
devices installed and are in good condition. Additionally, the construction crew shall adhere to
the following construction best management practices listed in MM NOI-1.2 below to reduce
construction noise levels emanating from the site and minimize disruption and annoyance at
existing noise-sensitive receptors in the project vicinity .
9 Pursuant to Municipal Code Section 10.48.010, "daytime" is defined as the period from 7:00
AM to 8:00 PM weekdays.
10 Municipal Code Section 10.48.053(B): Notwithstanding Section 10.48 .053A, it is a violation
of this chapter to engage in any grading, street construction, demolition or underground utility
work within seven hundred fifty feet of a residential area on Saturdays, Sundays and holidays ,
and during the nighttime period, except as provided in Section 10.48.030 . Municipal Code
Section 10.48.053(C): Construction, other than street construction, is prohibited on holidays,
except as provided in Sections 10.48.029 and 10.48 .030 . Municipal Code Section 10.48.053(D):
Construction, other than street construction, is prohibited during nighttime periods unless it
meets the nighttime standards of Section 10.48.040.
MM NOl-1.2: Futur e dev elopment shall prepare and submit a construction noise control plan
to the City's Building Department and Code Enforc ement for review and approval. The on-site
Construction Manag er shall implement the construction noise control plan, which would
includ e, but is not limited to, the following available controls:
• Construct temporary noise barriers, where feasible, to screen stationary noise-generating
equipment. Temporary nois e barrier f ences would provide a five dBA noise reduction if the
noise barrier interrupts the line-of-sight between the noise sou rce and receptor and if the
ba rrier is constructed in a manner that eliminates any cracks or gaps.
• Equip all internal combustion engine-driven equipment with intake and exhaust mufflers
that are in good condition and appropriate for the equipment.
• Enforce idling limit of two minutes for internal combustion engines unless subject to state
law exemptions (e .g., safety issues).
• Locate stationary noise-generating equipment, such as air compressors or portable power
generators, as far as possible from sensitive receptors as feasible. If they must be located
near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be
used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or
venting shall face away from sensitive receptors.
• Utilize "quiet" air compressors and other stationary noise sources where technology exists.
• Construction staging areas shall be established at locations that would create the greatest
distance between the construction-related noise sources and noise-sensitive receptors nearest
the project site during all project construction.
• Locate material stockpiles, as well as maintenance/equipment staging and parking areas, as
far as feasible from residential receptors .
• Control noise from construction workers' radios to a point where they are not audible at
existing residences bordering the project site.
• If impact pile driving is proposed, temporary noise control blanket barriers shall shroud pile
drivers or be erected in a manner to shield the adjacent land uses.
• If impact pile driving is proposed, foundation pile holes shall be pre-drilled to minimize the
number of impacts required to seat the pile. Pre-drilling foundation pile holes is a standard
construction noise control technique . Pre-drilling reduces the number of blows required to
seat the pile . Notify all adjacent land uses of the construction schedule in writing.
• The contractor shall prepare a detailed construction schedule for major noise-generating
construction activities and provide it to adjacent land uses. The construction plan shall
identify a procedure for coordination with adjacent residential land uses so that construction
activities can be scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would be responsible for responding to any
complaints about construction noise . The disturbance coordinator would determine the
cause of the noise complaint (e.g., bad muffler, etc.) and would require that reasonable
measures be implemented to correct the problem . The telephone number for the disturbance
coordinator shall be conspicuously posted at the construction site and included in the notice
sent to neighbors regarding the construction schedule.
MM NOI-1.3: A qualified acoustical consultant shall be retained for development under the
revised project to review mechanical noise, as these systems are selected, to determine specific
noise reduction measures necessary to ensure noise complies with the City's noise level
requirements. Mechanical equipment shall be selected and designed to reduce impacts on
surrounding uses to meet the City's noise level requirements. Noise reduction measures could
include, but are not limited to:
• Selection of equipment that emits low noise levels;
• Installation of noise dampening techniques, SU f h as enclosures and parapet walls, to block
the line-of-sight between the noise source and the nearest receptors;
• Locating equipment in less noise-sensitive areas, where feasible.
MM NOI-1.4: Section 10.48.062 prohibits deliveries between 8:00 PM and 8:00 AM on
weekdays and between 6:00 PM and 9:00 AM on weekends and holidays, which shall be enforced
as part of the revised project. Additionally, the effect of loading zone activities would be
evaluated for noise impacts and help determine design decisions once project-specific information
for the revised project, such as type and size of the commercial uses, hours of operation,
frequency of deliveries, and location of loading zones, is available. Noise reduction measures
could include, but are not limited to, the following:
• Move loading zones inside (e .g., within parking structures), where possible, and as far from
adjacent residential uses as possible.
• Implement a no idling policy at all locations that requires engines to be turned off after two
minutes.
• Recess truck docks into the ground or locate them within parking structures.
• Equip loading bay doors with rubberized gasket type seals to allow little loading noise to
escape.
MM NOI-1.5: Prior to issuance of building permits, a noise study shall be completed to ·
determine noise levels due to truck deliveries at the proposed buildings, and the specific noise
control that shall be implemented to reduce noise levels below the City's thresholds at adjacent
residential property lines shall be identified.
F. Impact NOI-3. The revised project would result in substantial
permanent increase in ambient noise levels in the project vicinity above
levels existing without the project.
The EIR finds that the revised project would generate approximately 39,063 average
daily trips and would result in permanent ambient noise increase due to project-
generated traffic.
Implementation of MM NOI-3.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the impact but not to a less than significant
level because vehicle speed is already limited. Therefore, impacts would be significant
and unavoidable.
MM NOl-3.1: Future development under the revised project shall implement available
measures to reduce project-generated noise level increases from project traffic on Perimeter Road.
The noise attenuation measures shall be studied on a case-by-case basis at receptors that would
be significantly impacted. Noise reduction methods could include the following:
• Alternative noise reduction techniques, such as re-paving Perimeter Road with "quieter"
pavement types including Open-Grade Rubberized Asphaltic Concrete . The use of " quiet"
pavement can reduce noise levels by two to five dBA, depending on the existing pavement
type, traffic speed, traffic volumes, and other factors .
• Traffic calming measures to slow traffic, such as speed bumps.
• Building sound insulation for affected residences, such as sound-rated windows and doors,
on a case-by-case basis as a method of reducing noise levels in interior spaces.
G. Impact NOI-4. The revised project would result in a substantial
temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project.
The EIR finds that the revised project would result in significant temporary increase in
ambient noise levels due to construction activities. Pile driving activities are expected to
exceed maximum noise thresholds established in the City's Municipal Code for
individual pieces of equipment, even with the implementation of the Construction Best
Management Practices. Further, the temporary construction noise impact would be
considered significant, if project construction activities exceeded 60 dBA L eq at nearby
residences or exceeded 70 dBA L eq at nearby commercial land uses and exceeded the
ambient noise environment by five dBA L eq or more for a period longer than one year.
Based on the hourly average noise levels, construction activities within 50 feet of the
property lines of the nearby residential and commercial land uses would exceed 60 and
70 dBA L eq, respectively, and exceed ambient noise levels by more than five dBA
throughout construction. This would result in indoor speech interference and
disruption for a period of up to 10 years. Thus, construction noise associated with the
project could expose nearby sensitive receptors to elevated noise levels over a period of
up to 10 years.
Implementation of MM NOI-4.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce construction noise levels emanating from
the site and minimize disruption and annoyance to the extent feasible but not to a less
than significant level because of the extended period anticipated for the project
construction. Therefore, the impact would remain significant and unavoidable.
MM NOI-4.1: Implement MM NOI-1 .1 and -1.2 .
H. Impact TRN-1. Under existing project conditions, the revised project
would conflict with an applicable plan, ordinance, or policy
establishing measures of effectiveness for the performance of the
circulation system; and conflict with an applicable congestion
management program, including standards established for designated
roads or highways.
The EIR finds that the revised project would result in a significant intersection level of
service impacts under existing with project conditions, defined as existing conditions
plus traffic generated by buildout of the project, as the following intersections:
12. De Anza Boulevard/McClellan Road (City of Cupertino) -PM peak hour; and
43. Stevens Creek Boulevard/Stern Avenue (City of Santa Clara) -PM peak hour.
The revised project would also significantly impact 14 mixed-flow segments in the AM
peak hour, 18 mixed-flow segments in the PM peak hour, five HOV segments in the AM
peak hour, and five HOV segments in the PM peak hour.
Implementation of MM TRN-1.1, MM TRN-1.2, and MM TRN-1.3, set forth below, are
hereby adopted and incorporated into the project, would reduce the impacts but not to
a less than significant level. Therefore, the impacts would remain significant and
unavoidable.
MM TRN-1.1: Develop and implement a TDM Program which includes a trip cap that is based
on a 34 percent non-SOV rate for the office uses. The TDM program includes the creation of a
Transportation Management Association that would:
• Provide concierge services to residents and retail owners (for their employees);
• Coordinate with the office component; and
• Oversee the overall TDM program among property owners and tenants to achieve the
office trip caps
As part of the TDM Program, the City shall require future development to implement the
Specific Plan's TDM Monitoring Program to ensure that the TDM reduction goals are achieved.
The TDM Monitoring Program shall require a robust Monitoring Program to ensure that this
TDM program mitigation measure is implemented and that the required trip caps are achieved.
The Monitoring Program shall be subject to review and approval by the City of Cupertino and
would include driveway monitoring for all office uses during the AM and PM peak hours. The
TDM Monitoring Program would occur in the fall (mid-September through mid-November)
after six months occupancy of 50 percent of the total approved buildout. The TDM Monitoring
Program shall be conducted annually for the first 10 years. If the monitoring reveals that the
peak trip counts have not been exceeded in the last three years of the first 10 years of annual
monitoring, the TDM monitoring shall be reduced to once every two years (i .e .. year 10, 12, 14,
etc.). However, if any biennial report reveals that the peak trip counts have been exceeded, the
monitoring shall revert to annual monitoring until such time that the peak trip counts have not
been exceeded for three consecutive annual reports . If future development is not able to meet the
identified TDM goal, then the City would collect penalties (assigned proportionately between the
uses that do not meet the trip cap), as specified in the Specific Plan's TDM Monitoring Program .
. Penalties collected from the TDM Monitoring Program will be used to improve multimodal
access around the site and throughout the City of Cupertino.
MM TRN-1.2: Intersection 12, De Anza Boulevard/McClellan Road: convert the shared left-
turnlthrough lane on the eastbound approach of McClellan Road to a dedicated through lane (for
a total of one left-turn lane, one through lane, and one right-turn lane). This would allow
converting the phasing on the east-west approaches from split phasing to protected left-turn
phasing. This improvement is included in the City's TIF Program and would improve
intersection operations to an acceptable LOS D. Future development under the revised project
shall pay transportation mitigation fees as calculated pursuant to the TIF program to mitigate
this impact.
Because the TIF improvements are not fully funding and the timing of implementation
is not known at this time, however, the impact to Intersection 12 is considered
significant and unavoidable.
MM TRN-1.3: A fair-share payment contribution of $3,865,182.00 to improvements identified
in VTA's VTP 2040 for freeway segments on SR 85, I-280, and I-880 that the project (or project
alternative) significantly impacts shall be paid by future development associated with the revised
project.
The VT A's VTP 2040 identifies several freeway projects that are relevant to the identified
freeway segment impacts, including:
• VTP ID Hl: SR 85 Express Lanes: US 101 (South San Jose to Mountain View). This project
would convert 24 miles of existing HOV lanes to express lanes, and allow single-occupancy
vehicles access to the express lanes by paying a toll. An additional express lane will be added
to create a two-lane express lane along a portion of the corridor. On November 13, 2017, the
cities of Cupertino and Saratoga and the Town of Los Gatos entered into a settlement
agreement 11 with VTA and Caltrans that requires VTA to implement the 2016 Measure B
State Route 85 Corridor Program Guidelines which include preparing a Transit Guideway
Study for this corridor to identify the most effective transit and congestion relief projects on
SR 85 that will be candidates for funding. Upon completion of the study, and
implementation plan for these projects will be developed.
• VTP ID Hl 1: I-280 Express Lanes: Leland Avenue to Magdalena Avenue. This project
converts existing HOV lanes to express lanes .
• VTP ID H13: I-280 Express Lanes: Southbound El Monte Avenue to Magdalena Avenue.
This project builds new express lanes.
• VTP ID H15: I-880 Express Lanes: US 101 to I-280. This project would build new express
lanes on I-880.
• VTP ID H35: I-280 Northbound: Second Exit Lane to Foothill Expressway. This project
constructs a second exit lane from northbound I-280 to Foothill Expressway .
• VTP ID H45: I-280 Northbound Braided Ramps between Foothill Expressway and SR 85:
This project would conduct preliminary engineering, environmental studies, and design to
widen the existing off-ramp to Foothill Expressway from Northbound I-280 from a single-
lane exit to a two-lane exit opening at I-280.
11 As part of the Settlement Agreement, City of Saratoga, et al. v. California Department of
Transportation, et al. (Santa Clara County Superior Court Case No. l 15CV281214 ), which was
a suit by the three cities challenging Caltrans's approval of the State Route 85 Express Lanes
Project, was dismissed on November 17, 2017.
I. Impact TRN-2. Under background with project conditions, the revised
project would conflict with an applicable plan, ordinance, or policy
establishing measures of effectiveness for the performance of the
circulation system; and conflict with an applicable congestion
management program, including standards established for designated
roads or highways.
The EIR finds that the revised project would result in a significant intersection level of
service impact under background with project conditions, defined as background
conditions plus traffic generated by buildout of the project, at the following 11
intersections:
11. De Anza Boulevard/Stevens Creek Boulevard (City of Cupertino) -PM peak
hour;
12. De Anza Boulevard/McClellan Road (City of Cupertino) -PM peak hour;
31. Wolfe Road and Valko Parkway (City of Cupertino)-PM peak hour;
32. Wolfe Road-Miller Avenue/Stevens Creek Boulevard (City of Cupertino)* -AM
and PM peak hours;
42. Stevens Creek Boulevard/Tantau A venue (City of Cupertino) -AM peak hour;
43. Stevens Creek Boulevard/Stern A venue (City of Santa Clara) -AM and PM peak
hours;
44 . Stevens Creek Boulevard/Calvert Drive/I-280 Ramps (west) (City of Santa Clara)*
-AM and PM peak hours;
45. Stevens Creek Boulevard/Agilent Driveway (City of Santa Clara)-AM peak
hour;
48. Lawrence Expressway/Homestead Road (Santa Clara County)* -PM peak hour;
51. Lawrence Expressway/Calvert Drive-I-280 Southbound Ramp (City of San Jose)*
-AM peak hour; and
53. Lawrence Expressway/Bollinger Road (Santa Clara County)* -AM and PM peak
hours.
* denotes CMP intersection
The revised project would also result in a significant freeway level of service impacts
under background with project conditions at 15 mixed flow lanes in the AM peak hour,
20 mixed flow lanes in the PM peak hour, four HOV lanes in the AM peak hour, and
five HOV lanes in the PM peak hour.
Implementation of MM TRN-2.1, MM TRN-2.2, MM TRN-2.3, MM TRN-2.4, MM TRN-
2.4, MM TRN-2.5, MM TRN-2.6, MM TRN-2.7, MM TRN-2.8, and MM TRN-2.9, set
forth below, which are hereby adopted and incorporated into the project, would reduce
the impacts but not to a less than significant level. Therefore, the impacts would remain
significant and unavoidable.
MM TRN-2.1: Implement MM TRN-1.1.
The TDM program is expected to reduce the severity of intersection and freeway
impacts, although not necessarily to a less than significant level.
MM TRN-2.2: Intersection 12, De Anza Boulevard/McClellan Road: Implement MM TRN-
1.2. Implementation of MM TRN-1.2 would improve intersection the average intersection delay
to better than background (without project or project alternative) conditions.
Because the TIF improvements are not fully funded and the timing of implementation is
not known at this time, the impact is considered significant and unavoidable.
MM TRN-2.3: Intersection 31, Wolfe Road/Vallco Parkway: Provide an overlap phase for the
westbound right-turn movement, which would providefor a green right-turn arrow while the
southbound left-turn movement has its green phase. Southbound U-turns shall also be
prohibited. Implementation of this mitigation measure would improve intersection level of
service to an acceptable LOS D.
MM TRN-2.4: Intersection 42, Stevens Creek Boulevard/Tan tau Avenue: Provide a
northbound left-turn lane (for a total of one left-tum lane and one shared through/right-turn
lane). This would allow converting the phasing on the east-west approaches from split phasing
to protected left-turn phasing . This improvement is included in the City's TIF Program and
would improve intersection operations to an acceptable LOS D. Future development under the
revised project shall pay transportation mitigation fees as calculated pursuant to the TIF
program to mitigate this impact.
Because the TIF improvements are not fully funding and the timing of implementation
is not known at this time, however, the impact is considered significant and
unavoidable.
MM TRN-2.5: Intersections 43-45: Contribute a fair-share of $96,000.00 to a traffic signal
timing study and implementation of the revised timings on Stevens Creek Boulevard at Stern
Avenue, Calvert Drive, and Agilent Driveway
The revised project impacts would likely improve with modifications to the signal
timings as traffic volumes change, but the impact is concluded to be significant and
unavoidable because the effectiveness of the improvement would be determined
through the signal timing study and because the intersection is under the jurisdiction of
another agency and the City cannot guarantee the implementation of the signal timing
study.
MM TRN-2.6: Inters ection 48, Law rence Expressway/Homestead Road: Pay a fair-share
contribution of $219,000.00 to the near-term improvement identified in the Santa Clara
County's Expressway Plan 2040 Study for this intersection. The Expressway Plan 2040 Study
identifies a near-term improvement of an additional eastbound through lane on Homestead Road.
With this improvement, intersection operations would improve, but the intersection would
continue to operate at LOS F with delays greater than under background conditions .
The ultimate improvement identified by the County's Expressway Plan 2040 is to grade-
separate the intersection. That is a long-term improvement, however, which would not
be implemented within the next 10 years. Furthermore, the improvement is under the
jurisdiction of another agency and the City cannot guarantee its implementation.
Therefore, the impact is considered significant and unavoidable.
MM TRN-2.7: Intersection 51, Lawrence Expressway/Calvert Drive-I-280 Southbound Ramp :
Improvements to mitigate the impact would include providing a fourth northbound through lane
(for a total of four through lanes and one right-turn lane). This would require four receiving
lanes north of Calvert Drive-I-280 Southbound Ramps. With this improvement, the intersection
would operate at acceptable LOS E or better. The widening of Lawrence Ex pressway from three
to four lanes in each direction between Moorpark Avenue to south of Calvert Drive is included
in the VTP 2040 as a constrained project (VTP 2040 Project# XlO). The VTP 2040 does not
include widening of Lawrence Expressway at or north of Calvert Drive, however. The fourth
northbound through lane on Lawrence Expressway could potentially be provided with an added
receiving lane that would connect directly to the off-ramp to Lawrence Expressway (also known
as "trap" lane) just north of the I-280 overcrossing. The City shall coordinate with the County of
Santa Clara to and Caltrans to determine if a fourth through lane could be provided. Future
development under the proposed project shall be required to pay a fair-share contribution of
$133,380.00 if the improvement is feasible.
The impact would remain significant and unavoidable because the feasibility of the
improvement is yet to be determined, and because the intersection is within the
responsibility and jurisdiction of another agency and the City cannot guarantee the
improvement would be constructed concurrent with the proposed project.
MM TRN-2.8: Intersection 53, Lawrence Expressway/Bollinger Road: Improvements to
mitigate the revised project's impact would include providing a fourth northbound through lane
(for the PM peak hour impact) and fourth southbound through lane (for the AM peak hour
impact). The widening of Lawrence Expressway from three to four lanes in each direction
between Moorpark Avenue to south of Calvert Drive is included in the VTP 2040 as a
constrained project (VTP 2040 Project# XlO). This VTA project also includes the provision of
an additional westbound through lane on Moorpark Avenue.
Assuming that both the northbound and southbound approaches would be modified to
accommodate four through lanes, the intersection would operate at or better than acceptable LOS
E under the revised project during the AM and PM peak hours. Future development under the
revised project shall be required to pay a fair-share contribution of $133,380.00 to VTP Project#
XlO.
The impact would remain significant and unavoidable, however, because the
intersection is within the responsibility and jurisdiction of another agency and the City
cannot guarantee the improvement would be constructed concurrent with the proposed
project.
MM TRN-2.9: Implement MM TRN-1.2.
The VTP 2040 projects will enhance vehicular travel choices for the project (and project
alternatives), and make more efficient use of the transportation roadway network, and
the SR 85 Transit Guideway Study will help improve transit options in the SR 85
corridor. These freeway operations enhancements would not improve all impacted
freeway segments to less than significant levels, however. The TDM Program proposed
under the revised project and mitigation measure MM TRN-2.1 would reduce project-
generated vehicle trips, thereby reducing the revised project impact on freeway
segments, but it is not anticipated that the freeway impacts would be reduced to a less
than significant level. For the above reasons, the revised project would remain
significant and unavoidable with the implementation of MM TRN-2.1 and -2.9.
VI. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FINAL EIR THAT
ARE REDUCED TO A LESS-THAN-SIGNIFICANT LEVEL BY MITIGATION
MEASURES ADOPTED AND INCORPORATED INTO THE PROJECT
The Final EIR identifies the following significant impacts associated with the revised
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 adopting and
incorporating these mitigation measures into the project. The findings in this section are
based on the Draft EIR, the EIR Amendment, and the Final EIR, the discussion and
analysis in which is hereby incorporated in full by this reference.
A. Impact AQ-7. The revised project would expose sensitive receptors to
substantial TAC pollutant concentrations.
The EIR finds that the revised project would result in construction-related health risk
exposures to sensitive receptors given the timeframe for construction and the amount of
development.
Construction equipment and associated heavy-duty truck traffic generates diesel
exhaust, which is a known Toxic Air Contaminant (TAC). The primary community risk
impact issues associated with construction emissions are cancer risk and exposure to
PM2.s from diesel exhaust. Accordingly, the maximum excess cancer risk would be 26.7
in one million, which exceeds the BAAQMD threshold of significance of 10 in one
million. The maximum annual PM2.s concentration, which is based on combined exhaust
and fugitive dust emission, is 0.25 micrograms per cubic meter (µg/m 3) and does not
exceed the BAAQMD threshold of significance of 0.3 µg/m3 • The maximum Hazard
Index (non-cancer health hazards from TAC exposure) is 0.01, which is below the
BAAQMD threshold of significance of 1.0.
Implementation of MM AQ-7.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the impact to a less than significant
cumulative health risk impact.
MM AQ-7.1: Future development und er the revised proj ect shall impl ement mitigation measure
MM AQ-2.1 to reduce on-site diesel exhaust emissions, which would thereby reduc e the
ma ximum cancer risk due to construction of the project .
B. Impact CR-2. The revised project would not significantly impact
archaeological resources, human remains, or tribal cultural resources.
The EIR finds that the revised project site would have a low to moderate potential for
containing buried archaeological resources. To date, no archaeological resources have
been recorded on or adjacent to the project site.
Based on a conservative estimate of parking demand, it is anticipated that the project
would require multiple levels of below grade parking across most of the site (51 acres).
The below ground parking over 51 acres would require a maximum excavation depth
of 20 to 50 feet for the project and project alternatives. If any archaeological resource,
human remains, or tribal cultural resources be found during project excavation and
grading activities, their disturbance would be a significant impact.
Implementation of MM CR-2.1, MM CR-2.2, MM CR-2.3, and MM CR-2.4, set forth
below, which are hereby adopted and incorporated into the project, would reduce the
impact to a less than significant impact.
MM CR-2.1: A qualified archaeological monitor shall be retained by the project proponent for
future development under the revised project to inspect the ground surface at the completion of
demolition activities as they occur to search for archaeological site indicators. Site indicators
include, but are not limited to: darker than surrounding soils of a friable nature; evidence of fires
(ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; and burials, either human or animal.
In the event that any indicators are discovered, work shall be halted within a sensitivity zone to
be determined by the archaeologist. The archaeologist shall prepare a plan for the evaluation of
the resource to the CRHP and submit the plan to the Cupertino Planning Department for review
and approval prior to any construction related earthmoving within the identified zone of
archaeological sensitivity. The plan shall also include appropriate recommendations regarding
the significance of the find and the appropriate mitigation. The identified mitigation shall be
implemented and can take the form of limited data retrieval through hand excavation coupled
with continued archaeological monitoring inside of the archaeologically sensitive zone to ensure
that significant data and materials are recorded and/or removed for analysis. Monitoring also
serves to identify and thus limit damage to human remains and associated grave goods.
MM CR-2.2: Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of
the Public Resources Code of the State of California, in the event of the discovery of human
remains during construction of the revised project, there shall be no further excavation or
disturbance of the site within a 100-foot radius of the remains or any nearby area reasonably
suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and
shall make a determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he shall notify the NAHC within 24
hours. The NAHC shall attempt to identify descendants of the deceased Native American. If no
satisfactory agreement can be reached as to the disposition of the remains pursuant to this State
law, then the land owner shall re-inter the human remains and items associated with Native
American burials on the property in a location not subject to further subsurface disturbance.
MM CR-2.3: If archaeological resources are identified during construction of the revised project,
a final report summarizing the discovery of cultural materials shall be submitted to the City's
Project Planner prior to issuance of building permits. This report shall contain a description of
the mitigation program that was implemented and its results, including a description of the
monitoring and testing program, a list of the resources found and conclusion, and a description
of the dispositionlcuration of the resources.
MM CR-2.4: The City of Cupertino shall coordinate with the applicable Native American tribal
representatives following approval of a development on-site under the revised project to ensure
appropriate cultural sensitivity training is provided to all contractors prior to the start of
ground-disturbing activities.
C. Impact HAZ-1. The revised project would not create a significant hazard
to the public or the environment through routine transport, use,
disposal, or foreseeable upset of hazardous materials; or emit hazardous ·
emissions or hazardous materials within one-quarter mile of an existing
or proposed school.
The EIR finds that the revised project would result in a potential for on-site soil, soil
vapor, and groundwater contamination above regulatory screening levels for
residential and commercial uses due to historic and existing hazardous materials use,
generation, and storage.
Construction of the project would result in the demolition of existing structures and
excavation up to a maximum dept of 20 to 50 feet for below ground parking. Unless
properly handled and disposed of, the removal and transport of on-site hazardous
materials could present a risk to the environment (including LP Collins Elementary
School/Bright Horizons at Cupertino Pre-School, which are within 0.25 miles of the
project site to the west), construction workers, and future occupants.
The revised project does not propose any on-site use of hazardous materials other than
small quantities of herbicides and pesticides for landscaping maintenance and cleaning
and pool chemicals. The use, storage, and transportation and disposal of pool cleaning
and maintenance chemicals would be managed in accordance with federal, state, and
local laws and regulations that ensure on-site use, storage, transportation and disposal
of chemicals will result in a less than significant impact. No other routine use, storage,
transportation, or disposal of hazardous materials is anticipated as part of the project.
Implementation of MM HAZ-1.1, MM HAZ-1.2, MM HAZ-1.3, and MM HAZ-1.4, set
forth below, which are hereby adopted and incorporated into the project, would reduce
on-site hazardous materials impacts from demolition, excavation, and construction to a
less than significant level by creating and implementing an SMP and HSP to establish
practices for properly handling contaminated materials, implementing measures during
demolition activities to identify, remove, and clean up hazardous materials on-site,
properly closing groundwater monitoring wells, and obtaining site closure from
regulatory agencies. Thus, the impact would be reduced to a less than significant
impact.
MM HAZ-1.1: A Site Management Plan (SMP) and Health and Safety Plan (HSP) shall be
prepared and implemented for demolition and redevelopment activities under the revised project.
The purpose of the SMP and HSP is to establish appropriate management practices for handling
impacted soil, soil vapor, and groundwater or other materials that may potentially be
encountered during construction activities, especially in areas of former hazardous materials
storage and use, and the profiling of soil planned for off-site disposal and/or reuse on-site. The
SMP shall document former and suspect UST locations, hazardous materials transfer lines, oil-
water separators, neutralization chambers, and hydraulic lifts, etc. The SMP shall also identify
the protocols for accepting imported fill materials, if needed. The SMP and HSP shall be
submitted to SCCDEH for approval and the approved SMP and HSP shall be submitted to the
City Building Division prior to commencement of construction (including demolition) activities .
MM HAZ-1.2: The site contains equipment and facilities associated with past activities that are
known to or may contain residual hazardous materials. The following measures shall be
implemented under the revised project during building demolition and shall be indicated on
demolition plans:
• Sears and JC Penney Automotive Centers:
-Sears: Remnant piping that appears to have formerly distributed grease, oil and
transmission fluid from storage locations to the service bays located along interior
building walls, ceilings and within the basement shall be properly removed and
disposed, and stains and residual oil shall be cleaned from the interior building
surfaces . This work shall be coordinated with the SCCFD.
-Sears: The below ground oil-water separator (connected to floor drains within the
building) and an acid neutralization chamber (connected to drains within a former
battery storage room) shall be cleaned and removed. This work shall be coordinated
with the SCCFD and SCCDEH. Soil quality below each of the structures shall be
evaluated via sampling and laboratory analyses.
-Sears : The potential presence of a waste oil UST shall be further investigation by
removing the access cover and, if uncertainty remains, the subsequent performance of
a geophysical survey . If a UST is identified, it shall be removed in coordination with
the SCCFD and SCCDEH, and underlying soil quality shall be evaluated. If no UST
is identified, soil quality at the location of the waste oil UST, as depicted on the 1969
building plan, shall be evaluated via the collection of soil samples from borings for
laboratory analyses.
-Sears and JC Penney: Each of the below-ground lift casings and any associated
hydraulic fluid piping and reservoirs from hydraulic lifts shall be removed and
properly disposed . An Environmental Professional shall be retained to observe the
removal activities and, if evidence of leakage is identified, soil sampling and
laboratory analyses shall be conducted.
-JC Penney: The project proponent shall obtain a permit from SCCDEH to properly
remove and dispose of the 750 gallon oil-water separator during redevelopment
activities. Collection and analysis of confirmation soil samples would be required
under oversight of SCCDEH.
• Existing staining and spilled oil on-site, including at the Sears Automotive Center and
Cupertino Ice Center, shall be properly cleaned. When these facilities are demolished, an
Environmental Professional shall be present to observe underlying soil for evidence of
potential impacts and, if observed, collect soil samples for laboratory analyses.
• If the lead-based paint on-site is flaking, peeling, or blistering, it shall be removed prior
to demolition . Applicable OSHA regulations shall be followed; these include
requirements for worker training and air monitoring and dust control. Any debris
containing lead shall be disposed appropriately.
• An asbestos survey shall be completed of the buildings prior to their demolition in
accordance with the National Emissions Standards for Hazardous Air Pollutants
(NESHAP) guidelines . NESHAP guidelines require the removal of potentially friable
ACMs prior to building demolition or renovation that may disturb the ACM.
• Once existing buildings and improvements are removed, soil sampling shall be
completed to evaluate if agricultural chemicals and lead are present. The agricultural
pesticide sampling shall focus on former orchard and row crop areas, as well as in the
vicinity of outbuilding (barns and sheds) that were formerly located on the southeast
portion of the site. Testing for lead contamination shall be completed at the former
structure locations. The sampling, which shall follow commonly accepted
environmental protocols, shall be performed prior to soil excavation activities in order to
appropriately profile the soil for off-haul to a disposal facility. The analytical data shall
be compared to either residential screening levels and/or the specific acceptance criteria
of the accepting facility. If this soil is planned to be reused on-site, it shall be compared
to residential screening levels and/or natural background levels of metals.
MM HAZ-1.3: Prior to issuance of demolition and/or grading permits, groundwater
monitoring wells shall be properly destroyed in accordance with the SCVWD Ordinance 90-1.
MM HAZ-1.4: As part of the facility closure process for occupants that use and/or store
hazardous materials, the SCCFD and SCCDEH typically require that a closure plan be
submitted by the occupant that describes required closure activities, such as removal of
remaining hazardous materials, cleaning of hazardous material handling equipment,
decontamination of building surfaces, and waste disposal practices, among others . Facility
closures shall be coordinated with the Fire Department and SCCDEH to ensure that required
closure activities are completed prior to issuance of demolition and/or grading permits.
D. Impact NOI-2. The revised project would not expose persons to or
generate excessive groundbome vibration.
The EIR finds that the revised project may generate vibration when heavy equipment or
impact tools ( e.g., jackhammers, hydraulic demolition hammer/hoe ram) are used. The
revised project construction activities, such as pile driving, drilling, the use of
jackhammers, rock drills and other high-power or vibratory tools, and rolling stock
equipment (tracked vehicles, compactors, etc.), may generate substantial vibration in
the immediate vicinity.
Implementation of MM NOI-2.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the impact to a less than significant level by
restricting construction noise/vibration exposure, implementing measure to minimize
vibration, monitoring effects (if necessary), and notifying receptors.
MM NOI-2.1: Where vibration levels due to construction activities under the revised project
would exceed 0.3 in/sec PPV at nearby sensitive uses, development shall:
• Comply with the construction noise ordinance to limit hours of exposure. The City's
Municipal Code allows construction noise to exceed limits discussed in Section 10.48.040
during daytime hours. Certain types of construction are prohibited on weekends and all
holidays pursuant to Municipal Code Sections 10.48.053(B), (C) and (D).12
12 Municipal Code Section 10.48 .053(B): Notwithstanding Section 10.48.053A, itis a violation
of this chapter to engage in any grading, street construction, demolition or underground utility
work within seven hundred fifty feet of a residential area on Saturdays, Sundays and holidays,
and during the nighttime period, except as provided in Section 10.48.030. Municipal Code
Section 10.48.053(C): Construction, other than street construction, is prohibited on holidays,
except as provided in Sections 10.48.029 and 10.48.030. Municipal Code Section 10.48.053(D):
• In the event pile driving would be required, all receptors within 300 feet of the project site
shall be notified of the schedule a minimum of one week prior to its commencement. The
contractor shall implement "quiet" pile driving technology (such as pre-drilling of piles,
the use of more than one pile driver to shorten the total pile driving duration, or the use
of portable acoustical barriers), in consideration of geotechnical and structural
requirements and conditions.
• To the extent feasible, the project contractor shall phase high-vibration generating
construction activities, such as pile driving/ground-impacting operations, so they do not
occur at the same time with demolition and excavation activities in locations where the
combined vibrations would potentially impact sensitive areas.
• The project contractor shall select demolition methods not involving impact tools, where
possible (for example, milling generates lower vibration levels than excavation using
clam shell or chisel drops).
• The project contractor shall avoid using vibratory rollers and packers near sensitive
areas .
• Impact pile driving shall be prohibited within 90 feet of an existing structure
surrounding the project site. Vibratory pile driving shall be prohibited within 60 feet of
an existing structure surrounding the project site.
• Prohibit the use of heavy vibration-generating construction equipment, such as vibratory
rollers or clam shovel, within 20 feet of any adjacent sensitive land use.
• If pile driving is required in the vicinity of vibration-sensitive structures adjacent to the
project site, survey conditions of existing structures and, when necessary, perform site-
specific vibration studies to direct construction activities. Contractors shall continue to
monitor effects of construction activities on surveyed sensitive structures and offer repair
or compensation for damage.
• Construction management plans for substantial construction projects, particularly those
involving pile driving, shall include predefined vibration reduction measures, notification
requirements for properties within 200 feet of scheduled construction activities, and
contact information for on-site coordination and complaints.
Construction, other than street construction, is prohibited during nighttime periods unless it
meets the nighttime standards of Section 10.48.040.
E. Impact UTIL-2. The revised project would require improvements to the
existing sewer system, however, the construction of the improvements
would not cause significant environmental effects.
The EIR finds that the revised project would generate an estimated net increase of 0.59
mgd of sewage. Development of the project would exceed the current capacity of the
12-, 15-, and 27-inch sewer mains serving the site. In addition, Cupertino Sanitary
District flows with flows from the project would exceed the peak flow of 13.8 mgd of
the City of Santa Clara interceptor located downstream of the project site.
Implementation of MM UTIL-2.1, MM UTIL-2.2, and MM UTIL-2.3, set forth below,
which are hereby adopted and incorporated into the project, would mitigate the project
impact to the sewer system by making improvements to the sewer system in order to
adequately convey flows from future development. The impact would be reduced to a
less than significant level.
MM UTIL-2.1: Future development under the revised project shall replace the existing 12-and
15-inch sewer mains in Wolfe Road with new mains of an adequate size as determined by CuSD,
or shall install an 18-to 21-inch parallel pipe to the existing 12-and 15-inch mains to
accommodate existing and project flows.
MM UTIL-2.2: Future development under the revised project shall replace the existing 27-inch
sewer main in Wolfe Road and Homestead Road with new mains of an adequate size determined
by the CuSD, or install a parallel pipe of an adequate size to the existing 27-inch sewer main as
determined by CuSD.
MM UTIL-2.3: No building permits shall be issued by the City for structures or units that
would result in the permitted peak wet weather flow capacity of 13.8 mgd through the Santa
Clara sanitary sewer system being exceeded. The Developer may demonstrate, to the satisfaction
of the City and Cu SD, that the project will not exceed the peak wet weather flow capacity of the
Santa Clara sanitary sewer system by implementing one or more of the following methods: 1)
Reduce inflow and infiltration in the CuSD system to reduce peak wet weather flows; 2) Increase
on-site water reuse, such as increased grey water use, or reduce water consumption of the
fixtures used within the project, or other methods that are measurable and reduce sewer
generation rates to acceptable levels, to the satisfaction of the Cu SD; or 3) Revise the prior
agreement between Cu SD and the City of Santa Clara to increase the permitted peak wet
weather flow to provide capacity for any development that would exceed the capacity of the
system. The estimated sewage generation by the revised project shall be calculated using the
sewer generation rates used by the San Jose -Santa Clara Water Pollution Control Plant Specific
Use Code & Sewer Coefficient table, and from the City of Santa Clara Sanitary Sewer Capacity
Assessment, May 2007,13 unless alternative (i.e., lower) sewer generation rates achieved by
future development are substantiated by the de v eloper based on evidence to the satisfaction of the
CuSD.
VII. SIGNIFICANT AND UNAVOIDABLE CUMULATIVE IMPACTS WITH
MITIGATION INCORPORATED
An EIR is required to discuss the cumulative impacts of a project when the project's
incremental effect is cumulatively considerable. CEQA Guidelines§ 15130(a)(l).
"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. CEQA Guidelines§ 15065(a)(3); Pub. Resources
Code§ 21083(b)(2). The Final EIR analyzes the cumulative impacts of the project in
combination with reasonably foreseeable probable future projects, which are listed in
Table 2.6-1 of the Draft EIR.
The Final EIR identifies the following significant and unavoidable adverse cumulative
impacts associated with the approval of the Valko Special Area Specific Plan Project,
some of which can be reduced, although not to a less-than-significant level, through
implementation of mitigation measures identified in the EIR. Pub. Resources Code §
2108l(a)(l). For the same reasons discussed in Section V, above, some impacts will
remain significant and unavoidable notwithstanding the adoption of feasible mitigation
measures. To the extent that these mitigation measures will not mitigate or avoid all
significant effects on the environment, 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 other agencies, it is hereby determined that these
significant and unavoidable adverse impacts are acceptable for the reasons specified in
Section XI, below. Pub. Resources Code §21081(a)(3). As explained in Section XII, below,
the findings in this Section are based on the Draft EIR, the EIR Amendment, and the
Final EIR, the discussion and analysis in which is hereby incorporated in fully by this
reference.
13 The average dry weather sewerage generation rates used by the San Jose -Santa Clara Water
Pollution Control Plant Specific Use Code & Sewer Coefficient table, and the City of Santa
Clara Sanitary Sewer Capacity Assessment, May 2007 , for the different uses within the project
are as follows: High Density Residential= 121 gpd/unit; Commercial/Retail = 0.076 gpd/SF;
Commercial/Restaurant = 1.04 gpd/SF; Office = 0.1 gpd/SF; Hotel = 100 gpd/Room ; Civic
Space (office)= 0.21 gpd/SF; Adult Education= 15 gpd/Person; and Civic Space (Auditorium)=
0.11 gpd/SF .
A. Impact AQ-9. Implementation of the revised project would
cumulatively contribute to cumulatively significant air quality impacts
in the San Francisco Bay Area Air Basin.
The EIR finds that the revised project would result in significant and unavoidable
operational emissions (see Impact AQ-3) and would result in significant and
unavoidable cumulative air quality impacts to the region's existing air quality
conditions.
Implementation of MM AQ-9.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the impact but not to a less than significant
level. Therefore, this impact is considered a significant and unavoidable cumulative
impact.
MM AQ-9.1: Impl em ent MM AQ-3 .1.
B. Impact NOI-6. The revised project would result in a cumulatively
considerable permanent noise level increase at existing residential land
uses.
The EIR finds that the revised project would result in significant cumulatively
considerable permanent noise level increase at existing residential land uses. The
project would substantially increase cumulative traffic noise levels along several
roadway segments on the project site and surrounding area. The project's contribution
would be one dBA CNEL, which is considered a significant cumulative traffic noise
impact.
Additionally, along Perimeter Road north of Stevens Creek Boulevard, an increase of
seven to eight dBA was calculated under the cumulative plus project. The speed limit is
expected to remain 15 mph in the future, and the eight-foot sound wall is expected to
remain under future cumulative plus project condition. However, given that the
increase is expected to exceed five dBA CNEL compared to existing conditions and the
project's contribution to the increase is more than one dBA CNEL, a cumulatively
considerable contribution to the overall traffic noise increase at the adjacent existing
residential land uses would occur under the project and each alternative. This is a
significant cumulative impact.
Implementation of MM NOI-6.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the cumulatively considerable contribution
to a significant permanent cumulative noise impact at existing residences, but not to a
less than significant level. The existing sound wall and sound insulation features of the
existing residences may not change as a result of the project. Additionally, due to the 15
mph speed limit along Perimeter Road, quiet pavement and the installation of speed
bumps may not reduce the noise level increase to a less than significant level on this
street. Therefore, this impact is considered a significant and unavoidable cumulative
impact.
MM NOl-6.1: Implement MM NOI-3.1 to reduce project-generated noise level increases on
Perimeter Road north of Stevens Creek Boulevard and Vallco Parkway east of North Wolfe Road.
C. Impact TRN-6. The revised project would conflict with adopted
policies, plans, or programs regarding public transit, bicycle, or
pedestrian facilities or otherwise decrease the performance of safety of
such facilities.
The EIR finds that the revised project would result in delays to transit services in the
area for existing with project conditions, background with project conditions, and
cumulative with project conditions. These delays are caused by any roadway or
intersection geometry changes proposed by the project, taking into account unique
considerations of transit vehicles compared to autos, and automobile congestion caused
by the project and any changes to signal operations proposed by the project.
Implementation of MM TRN-6.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the cumulative impact, but not to a less
than significant level. Therefore, this impact is considered a significant and unavoidable
cumulative impact.
MM TRN-6.1: The VTA's VTP 2040 identifies the Stevens Creek Bus Rapid Transit project
(VTP ID 14) as an improvement near the project site. Ultimately, the VTP ID T4 would
enhance travel choice for the revised project and make more efficient use of the transportation
network. Thus, future development under the revised project would be required to contribute its
fair-share contribution of $4,832,000 .00 to VTP ID T4.
The impact would remain significant and unavoidable, however, because the
implementation of the VTP projects are within the responsibility and jurisdiction of
another agency and the City cannot guarantee the improvement would be implemented
concurrent with the revised project.
D. Impact TRN-7. The revised project would result in a cumulatively
considerable contribution to a significant cumulative transportation
impact.
The EIR finds that the revised project would result in significant intersection level of
service impacts under cumulative with project conditions, defined as cumulative
conditions plus traffic generated by the buildout of the project and transportation
network infrastructure proposed by the project, at the following 18 intersections:
2. Stevens Creek Boulevard/SR 85 Northbound Ramps (east) (City of Cupertino)* -
AM peak hour;
8. De Anza Boulevard/Homestead Road (City of Cupertino)* -PM peak hour;
11. De Anza Boulevard/Stevens Creek Boulevard (City of Cupertino) -PM peak
hour;
12. De Anza Boulevard/McClellan Road/Pacifica Drive (City of Cupertino) -PM
peak hour;
23. Wolfe Road/Fremont Avenue (City of Sunnyvale) -PM peak hour;
26. Wolfe Road/Homestead Road (City of Cupertino)-PM peak hour;
31. Wolfe RoadNallco Parkway (City of Cupertino) -PM peak hour;
32. Wolfe Road-Miller Avenue/Stevens Creek Boulevard (City of Cupertino)* -AM
and PM peak hours;
42. Stevens Creek Boulevard/Tantau A venue (City of Cupertino) -AM peak hour;
43. Stevens Creek Boulevard/Stern Avenue (City of Santa Clara) -AM and PM peak
hours;
44. Stevens Creek Boulevard/Calvert Drive/1-280 Ramps (west) (City of Santa Clara)*
-AM and PM peak hours
45. Stevens Creek Boulevard/ Agilent Driveway (City of Santa Clara) -AM peak
hour;
48. Lawrence Expressway/Homestead Road (Santa Clara County)* -PM peak hour;
51. Lawrence Expressway/Calvert Drive-I-280 Southbound Ramp (City of San Jose)*
-AM peak hour;
53. Lawrence Expressway/Bollinger Road (Santa Clara County)* -AM and PM peak
hour;
55. Lawrence Expressway/Prospect Road (Santa Clara County)* -AM peak hour;
60. Stevens Creek Boulevard/Cabot Avenue (City of Santa Clara)-PM peak hour;
and
66. Lawrence Expressway/Reed A venue-Monroe Street (Santa Clara County) -PM
peak hour.
The revised project would also result in a significant freeway level of service impacts
under cumulative with project conditions at 15 mixed flow lanes in the AM peak hour,
22 mixed flow lanes in the PM peak hour, 12 HOV lanes in the AM peak hour, and eight
HOV lanes in the PM peak hour.
Implementation of MM TRN-7.1, MM TRN-7.2, MM TRN-7.3, MM TRN-7.4, MM TRN-
7.5, MM TRN-7.6, MM TRN-7.7, MM TRN-7.8, MM TRN-7.9, MM TRN-7.10, MM TRN-
7.11, MM TRN-7.12, MM TRN-7.13, MM TRN-7.14, MM TRN-7.15, and MM TRN-7.16,
set forth below, which are hereby adopted and incorporated into the project would
reduce the cumulative impact but not to a less than significant level. Therefore, this
impact is considered a significant and unavoidable cumulative impact.
MM TRN-7.1: Implement MM TRN-1.1.
The TDM program is expected to reduce the severity of intersection and freeway
impacts, although not necessarily to a less than significant level.
MM TRN-7.2: Intersection 2, Stevens Creek Boulevard/SR 85 northbound ramps: The City's
TIF Program identifies the addition of an exclusive northbound left-turn lane from the SR 85 off-
ramp onto westbound Stevens Creek Boulevard.
This improvement would mitigate the revised project's impact to a less than significant
level. Future development under the revised project shall pay transportation mitigation
fees as calculated pursuant to the TIF program to mitigate this impact. However,
because the TIF improvements are not fully funding and the timing of implementation
is not known at this time, the impact to Intersection 2 is considered significant and
unavoidable.
MM TRN-7.3: Intersection 8, De Anza Boulevard/Homestead Road: The City's TIF Program
identifies the widening of De Anza Boulevard to four through lanes between the I-280
interchange and Homestead Road.
This improvement would mitigate the revised project's impact to a less than significant
level. Future development under the revised project shall pay transportation mitigation
fees as calculated pursuant to the TIF program to mitigate this impact. However,
because the TIF improvements are not fully funding and the timing of implementation
is not known at this time, the impact to Intersection 8 is considered significant and
unavoidable.
MM TRN-7.4: Intersection 12, De Anza Boulevard/McClellan Road: Implement MM TRN-
1.2.
Implementation of MM TRN-1.2 would improve intersection operations to better than
cumulative (without) revised project conditions. However, because the TIF
improvements are not fully funded and the timing of implementation is not known at
this time, the impact is considered significant and unavoidable.
MM TRN-7.5: Intersection 23, Wolfe Road/Fremont Avenue: Provide a dedicated southbound
right-turn lane from Wolfe Road onto westbound Fremont Avenue .
The intersection would continue to operate at unacceptable LOS E under the project, ·
but the delay would be reduced to a level lower than cumulative conditions. Thus, the
impact would be mitigated to a less than significant level.
The City of Sunnyvale recently approved improvements to the "Triangle" area of Wolfe Road/El
Camino Real, Wolfe Road/Fremont Avenue, and El Camino Real/Fremont Avenue. The
"Triangle" improvements include the provision of a southbound right-turn lane from Wolfe
Road to Fremont Avenue. Thus, future development under the revised project would be required
to contribute their fair-share contribution of $527,000.00 to the "Triangle" improvement project .
The impact would remain significant and unavoidable, however, because the
intersection is within the responsibility and jurisdiction of another agency and the City
cannot guarantee the improvement would be constructed concurrent with the proposed
project.
MM TRN-7.6: Intersection 26, Wolfe Road/Homestead Road: Provide a dedicated southbound
right-turn lane from Wolfe Road onto westbound Homestead Road. To minimize secondary
impacts to pedestrian travel, the right-turn lanes would need to be signal controlled, right-turns
on red would be prohibited, and pedestrians should have a leading pedestrian phase (i .e., a
pedestrian walk indication is provided several seconds before the right-turning vehicle traffic).
This mitigation measures would improve intersection operations but not to a less than
significant level.
The City's TIF Program includes the provision of the dedicated southbound right-turn
lane. Future development under the revised project shall pay transportation mitigation
fees as calculated pursuant to the TIF program to mitigate this impact. However,
because the TIF improvements are not fully funding and the timing of implementation
is not known at this time, the impact to Intersection 26 is considered significant and
unavoidable.
MM TRN-7.7: Intersection 31, Wolfe Road/Vallco Parkway: Implement MM TRN-2.3.
Implementation of this measure would mitigate the revised project's cumulative impact
to a less than significant level.
MM TRN-7.8: Intersection 42, Stevens Creek Boulevard/Tantau Avenue: Implement MM
TRN-2.4.
Because the TIF improvements are not fully funding and the timing of implementation
is not known at this time, the impact is considered significant and unavoidable.
MM TRN-7.9: Intersections 43-45: Implement MM TRN-2.5.
As discussed under Impact TRN-2, implementation of this measure would reduce the
revised project's impact but not to a less than significant level.
MM TRN-7.10: Intersection 48, Lawrence Expressway/Homestead Road: Implement MM
TRN-2.6. As discussed under MM TRN-2.6, the revised project shall pay a fair-share
contribution of $291,000.00 to the long-term improvement identified in the Santa Clara
County's Expressway Plan 2040 Study for this intersection.
The impact would remain significant and unavoidable, however, because the
intersection is within the responsibility and jurisdiction of another agency and the City
cannot guarantee the improvement would be constructed concurrent with the proposed
project.
MM TRN-7.11: Intersection 51, Lawrence Expressway/Calvert Drive-I-280 Southbound Ramp:
Implement MM TRN-2.7.
The impact is significant and unavoidable because the feasibility of the improvement is
yet to be determined, the impact would remain significant and unavoidable, and
because the intersection is within the responsibility and jurisdiction of another agency
and the City cannot guarantee the improvement would be constructed concurrent with
the proposed project.
MM TRN-7.12: Intersection 53, Lawrence Expressway/Bollinger Road: Implement MM TRN-
2.8.
Implementation of this measure would improve intersection operations to an acceptable
LOSE or better. The impact would remain significant and unavoidable, however,
because the intersection is within the responsibility and jurisdiction of another agency
and the City cannot guarantee the improvement would be constructed concurrent with
the proposed project.
MM TRN-7.13: Intersection 60, Stevens Creek Boulevard/Cabot Avenue: Contribute a fair-
share contribution of $23,000 .00 to a traffic signal timing study and implementation of the
revised timings on Stevens Creek Boulevard at Cabot Avenue.
The revised project impact would likely improve with modifications to the signal
timings as traffic volumes change. The impact would be significant and unavoidable,
however, because the effectiveness of the improvement would be determined through
the signal timing study and because the intersection is within the responsibility and
jurisdiction of another agency and the City cannot guarantee the implementation of the
signal timing study.
MM TRN-7.14: Intersection 38, Tantau Avenue/Homestead Road : Restripe the southbound
approach (Quail Avenue) to provide a separate left-turn lane and shared through/right-turn lane
(including removal of on-street parking).
This improvement is included in the City's TIF Program and would improve
intersection operations to an acceptable LOS D. Future development under the revised
project shall pay transportation mitigation fees as calculated pursuant to the TIF
program to mitigate this impact. However, because the TIF improvements are not fully
funded and the timing of implementation is not known at this time, the impact is
considered significant and unavoidable.
MM TRN-7.15: Implement MM TRN-1.3.
The VTP 2040 projects will enhance vehicular travel choices for the project (and project
alternatives), and make more efficient use of the transportation roadway network, and
the SR 85 Transit Guideway Study will help improve transit options in the SR 85
corridor. These freeway operations enhancements would not improve all impacted
freeway segments to less than significant levels, however. The TDM Program proposed
under the revised project and mitigation measure MM TRN-7.1 would reduce project-
generated vehicle trips, thereby reducing the revised project impact on freeway
segments, but it is not anticipated that the freeway impacts would be reduced to a less
than significant level. For the above reasons, the revised project would remain
significant and unavoidable with the implementation of MM TRN-7.1 and -7.15.
MM TRN-7.16: Intersection 3, Stevens Creek Boulevard/Stelling Road: Provide an additional
second eastbound left-turn lane from Stevens Creek Boulevard onto northbound Stelling Road.
This mitigation measure would improve intersection operations to an acceptable LOS
D.
The City's TIF Program identifies the addition of a second eastbound left-turn lane from
Stevens Creek Boulevard onto northbound Stelling Road as a General Plan Mitigation
Measure. Future development under the revised project shall pay transportation
mitigation fees as calculated pursuant to the TIF program to mitigate this impact.
However, because the TIF improvements are not fully funded and the timing of
implementation is not known at this time, the impact is considered significant and
unavoidable.
VIII. SIGNIFICANT ADVERSE CUMULATIVE IMP ACTS IDENTIFIED IN THE
FINAL EIR THAT ARE REDUCED TO A LESS-THAN-SIGNIFICANT LEVEL
BY MITIGATION MEASURES ADOPTED AND INCORPORATED INTO
THE PROJECT
The Final EIR identifies the following significant cumulative impacts associated with
the revised project. It is hereby determined that the cumulative impacts addressed by
these mitigation measures will be mitigated to a less than significant cumulative level or
avoided by adopting and incorporating these mitigation measures into the project. The
findings in this section are based on the Draft EIR, EIR Amendment, and Final EIR, the
discussion and analysis in which is hereby incorporated in full by this reference.
A. Impact CR-4. The revised project would not result in a cumulatively
considerable contribution to a significant cumulative cultural resources
impact.
The EIR finds that the development of cumulative projects in proximity to the project
site, in conjunction with the development of the revised project could significantly
impact unknown buried archaeological resources. The cumulative projects are required
to comply with federal, state, and local regulations put in place to protect cultural
resources.
Implementation of MM CR-4.1, set forth below, which is hereby adopted and
incorporated into the project, would avoid and/or minimize impacts to buried cultural
resources to a less than significant level. Thus, the revised project would not have a
cumulatively considerable contribution to a significant cumulative cultural resources
impact.
MM CR-4.1: Implement MM CR-2.1 through MM CR-2.4.
B. Impact GHG-1. The revised project would not generate cumulatively
considerable GHG emissions that would result in a significant
cumulative impact to the environment.
The EIR finds that the revised project would result in construction-related GHG
emissions. The revised project will have annual GHG emissions of 3.5
MTC02e/year/service population, which exceeds the significance threshold of 2.6
MTC02e/year/service population.
Implementation of MM GHG-1.1, set forth below, which is hereby adopted and
incorporated into the project, would reduce the project emissions impact to a less than
significant level by implementing a GHG Reduction Plan that would offset and/or
reduce GHG emission to below the significance threshold.
MM GHG-1.1: Under the revised project, the project proponent shall prepare and implement a
GHG Reduction Plan to offset the revised project-related incremental increase of greenhouse gas
emissions resulting in the exceedance of the significance threshold of 2.6 MTC02elyearlservice
population. Refinement of the estimated GHG emissions from the revised project shall be
completed as part of the GHG Reduction Plan in order to reflect the most current and accurate
data available regarding the project's estimated emissions (including emission rates). The GHG
Reduction Plan shall include the implementation of a qualifying TDM program to reduce mobile
GHG emissions . Additional offsets and reductions may include, but are not limited to, the
following:
• Construct on-site or fund off-site carbon sequestration projects (such as a forestry or
wetlands projects for which inventory and reporting protocols have been adopted). If the
revised project develops an off-site project, it must be registered with the Climate Action
Reserve or otherwise approved by BAAQMD in order to be used to offset project (or
project alternative) emissions; and/or
• Purchase of carbon credits to offset revised project annual emissions. Carbon offset
credits shall be verified and registered with The Climate Registry, the Climate Action
Reserve, or another source approved by CARB or BAAQMD . The preference for offset
carbon credit purchases include those that can be achieved as follows: 1) within the City;
2) within the San Francisco Bay Area Air Basin; 3) within the State of California; then 4)
elsewhere in the United States. Provisions of evidence of payments, and funding of an
escrow-type account or endowment fund would be overseen by the City.
C. Impact HAZ-6. The revised project would not have a cumulatively
considerable contribution to a significant cumulative hazardous
materials impact.
The EIR finds that the revised project could result in significant cumulative
environmental impacts because of existing conditions in the geographic area that could
lead to the exposure of people and the environment to hazardous materials.
The geographic area for cumulative hazards and hazardous materials impacts includes
the project site and the surrounding area. Some of the projects included in the
cumulative analysis are proposed on properties that were previously developed with
industrial or commercial uses. It is likely that hazardous materials may have been
stored and used on, and/or transported to and from, some of these properties as part of
activities on the sites. In addition, many of the properties in Cupertino and surrounding
cities were used for agricultural purposes prior to their urban development and
agricultural chemicals, such as pesticides and fertilizers, may have been used on these
sites in the past. The use of these chemicals can result in residual soil contamination,
sometimes in concentrations that exceed regulatory thresholds. Further, development
and redevelopment of some of the cumulative projects sites would require demolition
of existing buildings that may contain lead-based paint and/or ACMs. Demolition of
these structures could expose construction workers or other persons in the vicinity to
harmful levels of lead and/or ACMs.
Implementation of MM HAZ-6.1, set forth below, which is hereby adopted and
incorporated into the project would reduce the project impact to a less than significant
level. With the inclusion of development-specific mitigation and compliance with
existing statutes and regulations, the cumulative projects and revised project would not
result in significant cumulative hazardous materials impacts.
MM HAZ-6.1: Implement MM HAZ-1 .1 through -1.4.
IX. GROWTH INDUCING IMP ACTS
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. 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 significant to the environment. State CEQA
Guidelines §15126.2(d). Section 4.0 of the Draft EIR analyzes the growth inducing
impacts of the Valko Special Area Specific Plan. As explained in Section XII, below, the
findings in this Section are based on the Draft EIR, the EIR Amendment, and Final EIR,
the discussion and analysis in which is hereby incorporated in full by this reference.
A. Direct Growth Inducement
The project would result in direct economic growth because the proposed uses include
new employment, and other land uses that generate tax revenues for public services.
The project would also result in direct population growth. However, the residential
population growth from the project would not constitute substantial population growth
in the area because it would occur on an infill site, is consistent with General Plan goals
for focused and sustainable growth, and supports the intensification of development in
an urbanized area currently served by existing roads, transit, utilities, and public
services. The revised project would allow 1,399 more residential units than anticipated
with the buildout of the City's General Plan, but these additional units are within the
Plan Bay Area Projections for the City and County. The projected number of employees
from the project are anticipated in the citywide buildout of the General Plan. Thus, the
direct impact would be less than significant.
B. Indirect Growth Inducement
The project would not result in significant indirect growth-inducing impacts. The
project site is located in an urbanized, infill site that is served by existing infrastructure,
including roadways and utilities. The growth that could result from development
consistent with the specific plan could tax existing community service facilities. The
project includes infrastructure improvements to mitigate the impacts on community
service facilities to a less than significant level. Utility improvements would be sized to
serve the proposed development and would not have excess capacity. Thus, the utility
improvements would not remove obstacles to population growth. In addition, the
project would pay all applicable impact fees and taxes, which would offset impacts to
public facilities and services, including police and fire, schools, and parks. As a result,
growth associated with the implementation of the project would not have a significant
impact on community service facilities, nor would it make a cumulatively considerable
contribution to such impacts, requiring construction of new facilities that could cause
significant environmental effects. Thus, the indirect impact would be less than
significant.
X. ALTERNATIVES
The Draft EIR analyzed four alternatives to the previous project (including the No
Project Alternative), and the EIR Amendment analyzed a fifth alternative (the Housing
Rich Alternative). The previous project was revised in the Final EIR (the "revised
project"); therefore, the Final EIR analyzed the revised project, the previous project, four
development alternatives, and the No Project Alternative, and compared the
alternatives to the revised project as required by CEQA Guidelines Section 15126.6. The
alternatives are briefly summarized below and described in Section 7.0 of the Draft EIR,
the Sections 3.0 and 8.1 of the EIR Amendment, and Table 2.1-12 and Section 6.0 (Text
Revisions) of the Final EIR. Brief summaries of the evaluated alternatives are provided
below. As explained in Section XII, below, the findings in this Section are based on the
Draft EIR, the EIR Amendment, and the Final EIR, the discussion and analysis in which
is hereby incorporated in full by this reference, and on the record as a whole.
A. No Project Alternative
CEQA requires consideration of a no project alternative. Consistent with the State
CEQA Guidelines, the No Project Alternative assumes the continuation of existing plans
and policies. Under the No Project Alternative, the project site could remain as it
currently exists (i.e., an existing shopping mall that is approximately 15 percent
occupied) with little or no change.
The No Project Alternative would not achieve any of the project objectives, which are
set forth in Section II, above, because it does not facilitate the development of the site
into a regional, mixed-use housing, multi-modal, sustainable development.
For the foregoing reasons, the No Project Alternative is hereby rejected.
B. Previous Project
The previous project is considered an alternative to the revised project. Consistent with
the adopted General Plan, the previous project would facilitate development of a
minimum of 600,000 square feet of commercial uses, up to 2.0 million square feet of office
uses, up to 339 hotel rooms, and up to 800 residential dwelling units on-site. The previous
project reflects the buildout assumptions (including the adopted residential allocation
available) for the site in the City's adopted General Plan. In addition, the previous project
includes up to 65,000 square feet of civic spaces in the form of governmental office space,
meeting rooms and community rooms and a Science Technology Engineering and
Mathematics (STEM) lab, as well as a 30-acre green roof. Compared to the revised project,
the previous project proposes the same land uses but contains different amounts of
commercial, office, residential, and civic space development proposed. All other aspects
of the previous project (including on-site amenities, maximum building height, setbacks,
General Plan and zoning amendments, and other programming elements) are the same as
the revised project.
The previous project would be less effective in meeting project objective 2 of providing
adequate development capacity for more housing to meet the City's Regional Housing
Needs Allocation. The previous project would only provide 800 residential dwelling
units, which is significantly less housing compared to the revised project proposal for
2,923 residential units. The previous project would, therefore, also fail to address the
City's expressed desire to improve the jobs and housing balance, as discussed at the
Council's June 4, 2018 Study Session on the Valko Specific Plan.
For the foregoing reasons, the previous project is hereby rejected.
C. General Plari Buildout with Maximum Residential Alternative
The General Plan Buildout with Maximum Residential alternative consists of the
potential development on the site if the residential portion of the project were
developed at the General Plan maximum allowable density of up to 35 du/ac. The
General Plan, however, controls residential development through an allocation system.
This alternative assumes that there are no residential allocation controls in place and
development can occur at the maximum density allowed by the General Plan. This
alternative assumes the same amount of commercial, hotel, civic, and green roof
development as the previous project, and a smaller amount of office development (1.0
million square feet) than the previous project.
While the General Plan Buildout with Maximum Residential Alternative would meet all
of the project objectives because the alternative includes a mix of uses (including
housing) and sales tax revenue generating commercial uses, and could create a multi-
modal, sustainable development, it would not meet the project objectives to the same
degree as the revised project because it would not provide all the community benefits
desired by the City Council as expressed in their comments at the June 4, 2018 study
session. The General Plan Buildout with Maximum Residential Alternative does not
include construction, or funding for construction, of a new City Hall.
For the foregoing reasons, the General Plan Buildout with Maximum Residential
Alternative is hereby rejected.
D. Retail and Residential Alternative
The Retail and Residential Alternative consists of developing the site without any office
use. The retail commercial component is assumed to be 600,000 square feet, and the
residential density is dependent on a preliminary economic feasibility analysis of
constructing this alternative.
While the Retail and Residential Alternative could meet all six of the project objectives
because the alternative includes a mix of uses (including housing) and sales tax revenue
generating commercial uses, and could create a multi-modal, sustainable development,
it would not meet the project objectives to the same degree as the revised project.
Although the Retail and Residential Alternative addresses the City's desire for further
housing, it does not provide community benefits. For the foregoing reasons, the Retail
and Residential Alternative is hereby rejected.
E. Occupied/Re-Tenanted Mall Alternative
The Occupied/Re-Tenanted Mall Alternative was discussed in response to the desire by
some members of the community to see the existing mall remain and be successfully
occupied/re-tenanted. It is assumed under this alternative that no new structures would
be constructed on-site and no modifications to the existing building layout and heights
would occur. Exterior and interior modifications would likely be made in order to
update the mall to current standards for aesthetics and lighting and Americans with
Disabilities Act (ADA) compliance. Because this alternative would not meet most of the
project objectives and would be economically infeasible, as discussed below, it is
discussed in the EIR for informational purposes only.
The Occupied/Re-Tenanted Mall Alternative would meet objective 4 of providing the
City with sales tax revenue. However, the Occupied/ Re-Tenanted Mall Alternative
would not meet objective 1 or 2 of creating a mixed-use Town Center and providing
housing. Because this alternative would not result in the redevelopment of the project
site, it would not meet objectives 5 and 6 of creating a multi-modal, sustainable
development. Therefore, the Occupied/Re-Tenanted Mall Alternative would not meet
most of the project objectives.
In addition, Occupied/Re-Tenanted Mall Alternative would be economically infeasible
for the reasons stated in the Vallco Special Area Real Estate Market Assessment completed
for this site in March 2018 by Economic & Planning Systems, Inc., which is incorporated
herein by reference. The Vallco Special Area Real Estate Market Assessment concludes that
retail reuse of the existing mall would be highly unlikely given its location between
well-established regional malls and lifestyle centers (e.g., Westfield Valley Fair, Santana
Row, Stanford Shopping Center, and Great Mall).14 This alternative, therefore, also does
not meet objective 3.
For the foregoing reasons, the Occupied/Re-Tenanted Mall Alternative is hereby
rejected.
F. Housing Rich Alternative
The Housing Rich Alternative was identified in response to community and City
interest in having a greater number of housing units with a greater than 15 percent
below-market-rate housing component and the inclusion of substantial community
amenities such as a performing arts center, civic space, educational space, a robust
transportation contribution, and enough office development on the site to support the
additional community amenities and the higher below-market rate component. The
Housing Rich Alternative consists of 3,250 residential units, 1.5 million square feet of
office uses, 600,000 square feet of commercial uses, 65,000 square feet of civic uses
(consisting of a 50,000 square foot City Hall and 15,000 square feet of adult education
space), and a 30-acre green roof. It is estimated that the Housing Rich Alternative
would require approximately 13,880 parking spaces, most of which would be located
below ground. Excavation depths of approximately 20 to 50 feet would be required for
14 Economic & Planning Systems, Inc. Vallco Special Area Real Estate Market Assessment.
March 6, 2018. Pages 2-3.
below ground parking, which would result in approximately 2.1 million cubic yards of
soil being hauled off-site.
While the Housing Rich Alternative would meet all six of the project objectives
identified in the Draft EIR because the alternative includes a mix of used (including
housing) and sales tax revenue generating commercial uses, and could create a multi-
modal, sustainable development, it would not meet the project objectives to the same
degree as the revised project because it would not provide all the community benefits
desired by the City.
In addition, the Housing Rich Alternative would have greater environmental impacts
than the revised project. The Housing Rich Alternative would have higher annual
construction emissions than the revised project. As shown in Table 2.1-1 in the Final
EIR, the Housing Rich Alternative will produce more ROG and NOx, emissions than the
revised project during construction (Impact AQ-2). The Housing Rich Alternative will
produce greater operational ROG emissions than the revised project (Impact AQ-3). As
shown in Table 2.1-3 in the Final EIR, the Housing Rich Alternative will have a greater
demand for natural gas than the revised project during operation (Impact EN-2). The
Housing Rich Alternative also would have slightly higher construction-related G.HG
emissions than the revised project, as shown in Table 2.1-4 of the Final EIR (Impact
GHG-1). It will also produce greater average daily trips and PM peak hour trips in
comparison to the revised project, as shown in Table 2.1-6 of the Final EIR, and higher
net sewage generation, water demand, and solid waste generation, as shown in Tables
2.1-8, 2.1-9, and 2.1-10 of the Final EIR (Impacts UTIL-1, UTIL-2, UTIL-3, UTIL-5, and
UTIL-6).
For the foregoing reason, the Housing Rich Alternative is hereby rejected.
G. Environmentally Superior Alternative
On the basis of the analysis of the Draft EIR, the City finds that the No Project
Alternative is the environmentally superior alternative. The No Project Alternative
would avoid all of the project's significant impacts. CEQA Guidelines Section
15126.6(e)(2), however, states that "if the environmentally superior alternative is the No
Project Alternative, the EIR shall also identify an environmentally superior alternative
among the other alternatives." Therefore, the Retail and Residential Alternative is the
environmentally superior alternative, because it would result in reduced impacts for the
alternative compared to the revised project for the following impacts: Impact AQ-,
Impact AQ-3, Impact AQ-4, Impact AQ-6, Impact AQ-9, Impact EN-1, Impact EN-3,
Impact GHG-1, Impact NOI-3, Impact NOI-6, Impact TRN-1, Impact TRN-2, Impact
TRN-6, Impact TRN-7, Impact UTIL-3, Impact UTIL-5, Impact UTIL-6, and Impact
UTIL-7.
XI. STATEMENT OF OVERRING CONSIDERATIONS
As set forth above, the City has found that some of the adverse environmental impacts
of the Valko Special Area Specific Plan project remain significant following adoption
and implementation of mitigation measures described in the EIR and incorporated into
the Project. Section 15093(b) of the 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. Having balanced the benefits of the revised project against its significant and
unavoidable environmental impacts, the City finds that the project's benefits outweigh
its unavoidable adverse environmental effects, and that the adverse environmental
effects are therefore acceptable. The City further finds that each of the project benefits
discussed below is a separate 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 revised project will occur on an infill site in an existing urbanized area
in Cupertino, which will result in environmental benefits because it will
not directly or indirectly lead to development of greenfield sites in the San
Francisco Bay Area.
B. The revised project is consistent with the General Plan in that it will
increase the number of places to live within the Plan Area. The plan
supports infill development, conversion of vacant and outdated buildings,
and location of housing near employment centers to reduce the use of
single occupancy cars, increase commute choices reduce long commutes,
reduce the use of fossil fuels, improve energy efficiency, reduce carbon
dioxide emissions, and help meet air quality standards. Thus, the project
will further the General Plan goals expressed in Policies LU-1 through LU-
9 and Strategies LU-1.19.3 through LU-1.19.6 and LU-1.19.9 through LU-
1.19.9 through LU-1.19.1.14.
C. The revised project will meet and exceeds the City's Regional Housing
Needs Allocation (RHNA) of 1,064 units by providing 2,923 residential
units.
D. Twenty percent of the residential units will be affordable at the following
percentages: 15% will be a mix of units affordable at very low and low
income levels, and 5% will be affordable at a moderate income level.
E. The revised project will provide additional non-single occupancy
vehicular transportation opportunities under the Tier 2 Development
Program, including an approximately 1,000 square foot mobility hub with
bicycle facilities; funding of up to $1,000,000 for a one-year Pilot
Community Shuttle, with additional $750,000 per year for ongoing
operations if the project is successful; an areawide Transportation
Demand Management program which will be implemented by the
areawide Transportation Management Association that would provide
services to all users of the site and also ensure that office trips meet
specified caps with a goal of 34 percent non-single occupancy vehicle rate;
and a total of $11,000,000 to fund work on the 1-280/Wolfe Road
interchange and the Junipero Serra/Pedestrian Trail (a bike and pedestrian
trail along I-280).
F. The revised project will provide additional open space, including publicly
accessible pedestrian walkways, open space provided on the bridge over
Wolfe Road, and public park and plazas designed in accordance with the
Specific Plan.
G. The revised project will provide multiple civic improvements in the Plan
Area under the Tier 2 Development Program, including a "warm shell"
performing arts center for the City (or an in lieu payment of $22,8000,000,
if the City opts out); rebuilding existing City Hall (or if not approved and
available for construction within 24 months, an in lieu payment of
$30,000,000); providing a 25,000 square foot "warm shell" space for adult
school and high school innovation space to the Fremont Union High
School District (or an in lieu payment of $9,500,000), and donation of
$9,500,000 to Cupertino Union School District; and using good faith efforts
to provide approximately 40,000 square feet in co-working or incubator
space.
XII. INCORPORATION BY REFERENCE
These findings incorporate the text of the Final Program Environmental Impact Report
for the Vall co Special Area Specific Plan project by reference and in their entirety.
Without limitation, this incorporation is intended to elaborate on the scope and nature
of mitigation measures, the basis for determining the significance of impacts, the
comparative analysis of alternatives, the determination of the environmentally superior
alternative, and the reasons for approving the Project in spite of the potential for
associated significant and unavoidable adverse impacts.
XIII. RECIRCULATION NOT REQUIRED
No significant new information was added to the Draft EIR, the EIR Amendment, or the
Final 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 and EIR Amendment. The Supplemental Text Revisions clarify, amplify and make
insignificant modifications to the Final EIR, including minor corrections to the text.
These clarifications, amplification and insignificant modifications do not identify any
new significant effects on the environment or a substantial increase in the severity of an
environmental impact requiring major revisions to the Draft EIR, the EIR Amendment
or the Final EIR. Similarly, the revised project would not result in new or substantially
more severe significant impacts than disclosed previously in the Draft EIR and EIR
Amendment. Therefore, recirculation of the EIR is not required.
XIV. RECORD OF PROCEEDINGS
Various documents and other materials related to the revised 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 .
XV. SUMMARY
A. Based on the foregoing Findings and the information contained in the
record, the City has made one of more of the following Findings with
respect to each of the significant effects of the Project:
1. 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.
2. Those changes or alterations are within the responsibility and
jurisdiction of another public agency and have been, or can and
should be, adopted by that other public agency.
3. Specific economic, legal, social, technological, or other
considerations, make infeasible the mitigation measures or
alternatives identified in the Final EIR that would otherwise avoid
or substantially lessen the identified significant environmental
effects of the Project.
B. Based on the foregoing Findings and the information contained in the
record, the City determines that:
1. All significant effects on the environment due to the approval of the
Project have been eliminated or substantially lessened where
feasible.
2. 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.
EXHIBIT EA-2
MITIGATION MONITORING OR REPORTING PROGRAM
Valko Town Center Specific Plan
CITY OF CUPERTINO
September 2018
PREFACE
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or
Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant
effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation
measures during project implementation.
On September X, 2018, the City Council certified the Environmental Impact Report (EIR) for the Vallco Special Area Specific
Plan project. The Final EIR concluded that the implementation of the project could result in significant effects on the
environment and mitigation measures were adopted and incorporated into the project or are required as a condition of project
approval. This Mitigation Monitoring or Reporting Program addresses those measures in terms of how and when they will be
implemented.
The attached table includes columns that show: 1) each mitigation measure identified in the Final EIR as finally adopted; 2) the
procedure for implementing each mitigation measure; 3) the City entity responsible and procedure for monitoring and
reporting implementation of each mitigation measure; and 4) the timing for implementation of each mitigation measure.
In addition, this Mitigation Monitoring or Reporting Program lists Standard Permit Conditions, which are measures required
to comply with laws and regulations, and City Conditions of Approval, for purposes of tracking responsibility for and timing
of implementation of each, even though these conditions are not mitigation measures.
This document does not discuss those subjects for which the EIR concluded that mitigation measures would not be required to
reduce significant impacts.
Mitigation Monitoring or Reporting Program
Valko Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency Monitoring
-~
,· Air Quality
Project applicant shall During City of Cupertino -Construction
MM AQ-2.1: Future development under the revised prepare a Demolition, Public Works Management Plan
project shall implement the following BAAQMD-comprehensive Grading and Department and Review and
recommended measures to control dust, particulate Construction Construction Environmental Approval and
matter, and diesel exhaust emissions during Management Plan to Services and review of monthly
construction: ensure that the air Community reports
pollution control Development submitted/Prior to
Basic Measures measures identified in Department -issuance of
1. All exposed surfaces ( e.g., parking areas, staging Mitigation Measure Building grading, building,
areas, soil piles, graded areas, and unpaved AQ-2.1 are or occupancy
access roads) shall be watered two times per day. incorporated into the permits, periodic
2. All haul trucks transporting soil, sand, or other construction plans for reporting as
loose material off-site shall be covered. the project and required and
3. All visible mud or dirt track-out onto adjacent implemented at the periodic
public roads shall be removed using wet power project site. The inspections during
vacuum street sweepers at least once per day. project applicant will scheduled
The use of dry power sweeping is prohibited. submit periodic audit construction site
4. All vehicle speeds o~ unpaved roads shall be reports prepared by inspections by
limited to 15 miles per hour (mph). the construction building and Public
5. All roadways, driveways, and sidewalks to be manager. Works Inspectors.
paved shall be completed as soon as possible.
Valko Town Center Specific Plan 2 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
Building pads shall be laid as soon as possible
after grading unless seeding or soil binders are
used.
6 . Idling times shall be minimized either by
shutting equipment off when not in use or
reducing the maximum idling time to two
minutes unless subject to state law exemptions
(e.g., safety issues). Clear signage shall be
provided for construction workers at all access
points.
7. All construction equipment shall be maintained
and properly tuned in accordance with
manufacturer's specifications. All equipment
shall be checked by a certified mechanic and
determined to be running in proper condition
prior to operation.
8. Post a publicly visible sign with the telephone
number and person to contact at the Lead
Agency regarding dust complaints. This person
shall respond and take corrective action within
48 hours. The Air District's phone number shall
Valko Town Center Specific Plan 3 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
also be visible to ensure compliance with
applicable regulations.
Applicable Enhanced Control Measures
9 . 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 moisture probe.
10. All excavation, grading, and/or demolition
activities shall be suspended when average wind
speeds exceed 20 mph and visible dust extends
beyond site boundaries.
11. Wind breaks (e.g., trees, fences) shall be installed
on the windward side(s) of actively disturbed
areas of construction adjacent to sensitive
receptors. Wind breaks should have at
maximum 50 percent air porosity.
12. Vegetative ground cover (e.g., fast-germinating
native grass seed) shall be planted in disturbed
areas as soon as possible and watered
appropriately until vegetation is established.
Valko Town Center Specific Plan 4 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
13. The simultaneous occurrence of excavation,
grading, and ground-disturbing construction
activities on the same area at any one time shall
be limited. Activities shall be phased to reduce
the amount of disturbed surfaces at any one
time.
14. Avoid tracking of visible soil material on to
public roadways by employing the following
measures if necessary: (1) Site accesses to a
distance of 100 feet from public paved roads
shall be treated with a 6 to 12 inch compacted
layer of wood chips, mulch, or gravel and (2)
washing truck tires and construction equipment
of prior to leaving the site .
15. Sandbags or other erosion control measures shall
be installed to prevent silt runoff to public
roadways from sites with a slope greater than
one percent.
16 . Minimizing the idling time of diesel powered
construction equipment to two minutes unless
subject to state law exemptions (e .g ., safety
issues).
Valko Town Center Specific Plan 5 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency
Monitoring
17. The project shall develop a plan demonstrating
that the off-road equipment (more than 25
horsepower) to be used in the construction
project (i.e., owned, leased, and subcontractor
vehicles) would achieve a minimum project wide
fleet-average 25 percent NOx reduction and 65
percent PM (particulate matter) exhaust
reduction compared to the CalEEMod modeled
average used in this report. Acceptable options
for reducing emissions include the use of late
model engines, low-emission diesel products,
alternative fuels, engine retrofit technology,
after-treatment products, add-on devices such as
particulate filters, and/or other options as such
become available. The following are feasible
methods:
• All construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total shall meet
EPA Tier 4 emission standards for NOx and
PM, where feasible.
Valko Town Center Specific Plan 6 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
• If Tier 4 equipment is not feasible, all
construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total shall meet
EPA emission standards for Tier 3 engines and
include particulate matter emissions control
equivalent to CARB Level 3 verifiable diesel
emission control devices that altogether
achieve an 85 percent reduction in particulate
matter exhaust.
Ex haust Control Mea sures
• Use of alternatively-fueled equipment with
lower NOx emissions that meet the NOx and
PM reduction requirements above.
• Diesel engines, whether for off-road equipment
or on-road vehicles, shall not be left idling for
more than two minutes, except as provided in
exceptions to the applicable state regulations
(e.g., traffic conditions, safe operating
conditions). The construction sites shall have
posted legible and visible signs in designated
Valko Town C enter Sp ecific Pl an 7 City of Cupertino
Mitigation Monitoring or Reporting Program
Valko Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency
Monitoring
queuing areas and at the construction site to
clearly notify operators of idling limit.
• All on-road heavy-duty diesel trucks with a
gross vehicle weight rating of 33,000 pounds or
greater (EMF AC Category HDDT) used at the
project site (such as haul trucks, water trucks,
dump trucks, and concrete trucks) shall be
model year 2010 or newer.
• Develop a Transportation Demand
Management program for construction worker
travel that includes transit and carpool
subsides in order to reduce worker trips.
• Provide line power to the site during the early
phases of construction to minimize the use of
diesel powered stationary equipment, such as
generators.
• A project-specific construction management
plan describing the measures to minimize
construction emissions shall be required of
future development. As part of the
construction management plan, the on-site
Construction Manager shall ensure and
Valko Town Center Spe cific Plan 8 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency
Monitoring
regularly document that equipment, trucks,
and architectural coatings meet the above
mitigation requirements. The documentation
shall be submitted regularly to the City for
review and compliance.
MM AQ-3.1: Future development under the revised Project applicant shall During City of Cupertino Plan Review and
project shall use low-VOC paint (i.e., 50 g/L or less) indicate compliance Construction Community Approval/Prior to
on operational architectural coatings and no hearths with AQ-3 on all Development issuance of
or fireplaces (including natural gas-powered) shall be construction plans Department -building, permits
installed in the residential units. prior to issuance of Planning and
building permits. Building
MM AQ-4.1: Implement MM AQ-3.1. Sarne as MM AQ-3.1. Sarne as MM AQ-Sarne as MM AQ-Sarne as MM AQ-
3.1. 3.1. 3.1.
MM AQ-6.1: Implement MM AQ-2.1. Sarne as MM AQ-2.1 Sarne as MM AQ-Sarne as MM AQ-Sarne as MM AQ-
2.1 2.1 2.1
MM AQ-7.1: Future development under the revised Sarne as MM AQ-2.1 Same as MM AQ-Sarne as MM AQ-Same as MM AQ-
project shall implement mitigation measure MM AQ-2.1 2.1 2.1
2.1 to reduce on-site diesel exhaust emissions, which
would thereby reduce the maximum cancer risk due
to construction of the project.
MM AQ-9.1: Implement MM AQ-3.1. Sarne as MM AQ-3.1 Same as MM AQ-Same as MM AQ-Same as MM AQ-
3.1 3.1 3.1
Valko Town Center Specific Plan 9 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
Cultural Resources
MM CR-2.1: A qualified archaeological monitor Project applicant shall During Consulting Report and Plan
shall be retained by the project proponent for future provide a report prior Demolition, Archaeologist and Review and
development under the revised project to inspect the to final demolition Grading and City of Cupertino Approval/Prior to
ground surface at the completion of demolition inspection for each Construction Community demolition final
activities as they occur to search for archaeological phase of demolition to Development inspection and if
site indicators. Site indicators include, but are not indicate compliance Department -resources
limited to: darker than surrounding soils of a friable with MM CR-2 .1. If Planning and unearthed, as
nature; evidence of fires (ash, charcoal, fire affected indicators are found, a Building needed
rock or earth); concentrations of stone, bone, or plan must be
shellfish; artifacts of stone, bone, or shellfish; and prepared and
burials, either human or animal. submitted to the City
pursuant to MM CR-
In the event that any indicators are discovered, work 2.1.
shall be halted within a sensitivity zone to be
determined by the archaeologist. The archaeologist
shall prepare a plan for the evaluation of the resource
to the CRHP and submit the plan to the Cupertino
Planning Department for review and approval prior
to any construction related earthmoving within the
identified zone of archaeological sensitivity. The
plan shall also include appropriate recommendations
Valko Town Center Specific Plan 10 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency
Monitoring
regarding the significance of the find and the
appropriate mitigation. The identified mitigation
shall be implemented and can take the form of
limited data retrieval through hand excavation
coupled with continued archaeological monitoring
inside of the archaeologically sensitive zone to ensure
that significant data and materials are recorded
and/or removed for analysis . Monitoring also serves
to identify and thus limit damage to human remains
and associated grave goods.
MM CR-2.2: Pursuant to Section 7050.5 of the Health Project applicant to During Santa Clara Ensure proper
and Safety Code and Section 5097.94 of the Public ensure that excavation demolition, County internment of
Resources Code of the State of California, in the or disturbance of the grading and Coroner/N AHC/Ci remains/if and
event of the discovery of human remains during site within 100-feet of construction ty of Cupertino -when remains are
construction of the revised project, there shall be no any remains found. Community found .
further excavation or disturbance of the site within a Notify SCC Coroner. Development
100-foot radius of the remains or any nearby area Department -
reasonably suspected to overlie adjacent remains. Building
The Santa Clara County Coroner shall be notified
and shall make a determination as to whether the
remains are Native American. If the Coroner
determines that the remains are not subject to his
Valko Town C enter Sp e cific Plan 11 City o f Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency
Monitoring
authority, he shall notify the NAHC within 24 hours.
The NAHC shall attempt to identify descendants of
the deceased Native American. If no satisfactory
agreement can be reached as to the disposition of the
remains pursuant to this State law, then the land
owner shall re-inter the human remains and items
associated with Native American burials on the
property in a location not subject to further
subsurface disturbance.
~M CR-2.3: If archaeological resources are Project applicant to During City of Cupertino Review and
identified during construction of the revised project, retain a project demolition, -Community approve report/ if
a final report summarizing the discovery of cultural archaeologist in the grading and Development and when cultural
materials shall be submitted to the City's Project event cultural construction Department -material is found.
Planner prior to issuance of building permits. This materials are found Planning
report shall contain a description of the mitigation and ensure that a
program that was implemented and its results, report including items
including a description of the monitoring and testing included in MM CR-
program, a list of the resources found and 2.3 is prepared.
conclusion, and a description of the
disposition/curation of the resources.
MM CR-2.4: The City of Cupertino shall coordinate Project applicant to During City of Cupertino Coordinate with
with the applicable Native American tribal ensure that demolition, -Community Native American
Valko Town Center Specific Plan 12 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
representatives following approval of a development appropriate measures grading and Development tribal
on-site under the revised project to ensure are incorporated into construction Department -representatives and
appropriate cultural sensitivity training is provided the Construction Planning ensure measures
to all contractors prior to the start of ground-Management Plan to incorporated into
disturbing activities. address this Construction
Management Plan
MM CR-4.1: Implement MM CR-2.1 through MM Same as MM CR-2.1 Same as MM CR-Same as MM CR-Same as MM CR-
CR-2.4 . through MM CR-2.4 2.1 through MM 2.1 through MM 2.1 through MM
CR-2.4 CR-2.4 CR-2.4
Greenhouse Gas Emissions
MMGHG-1.1: Under the revised project, the Project applicant shall During City of Cupertino Prior to issuance of
project proponent shall prepare and implement a prepare and submit a Construction and Community-building and/or
CHG Reduction Plan to offset the revised project-CHG Reduction Plan Operation Environmental occupancy permits,
related incremental increase of greenhouse gas for review and Services and as applicable.
emissions resulting in the exceedance of the approval. Sustainability; A Annually by
significance threshold of 2.6 MTC02e/year/service source approved December 31 st in
population. Refinement of the estimated GHG byCARBor conjunction with
emissions from the revised project shall be completed BAAQMDfor . TDM monitoring
as part of the GHG Reduction Plan in order to reflect verification of report.
the most current and accurate data available carbon offsets.
regarding the project's estimated emissions
(including emission rates). The GHG Reduction Plan
Valko Town Center Specific Plan 13 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
shall include the implementation of a qualifying
TDM program to reduce mobile GHG emissions.
Additional offsets and reductions may include, but
are ~ot limited to, the following:
• Construct on-site or fund off-site carbon
sequestration projects (such as a forestry or
wetlands projects for which inventory and
reporting protocols have been adopted). If the
revised project develops an off-site project, it must
be registered with the Climate Action Reserve or
otherwise approved by BAAQMD in order to be
used to offset project (or project alternative)
emissions; and/or ·
• Purchase of carbon credits to offset revised project
annual emissions. Carbon offset credits shall be
verified and registered with The Climate Registry,
the Climate Action Reserve, or another source
approved by CARB or BAAQMD. The preference
for offset carbon credit purchases include those that
can be achieved as follows: 1) within the City; 2)
within the San Francisco Bay Area Air Basin; 3)
within the State of California; then 4) elsewhere in
Valko Town Center Specific Plan 14 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
the United States. Provisions of evidence of
payments, and funding of an escrow-type account
or endowment fund would be overseen by the City.
Hazards and Hazardous Materials
MM HAZ-1.1: A Site Management Plan (SMP) and Project applicant shall Prior to • (SCCDEH) -SMP SCCDEH to
Health and Safety Plan (HSP) shall be prepared and prepare and submit a demolition, andHSP approve SMP and
implemented for demolition and redevelopment SMP and HSP to the grading and/or • (SCCFD)-HSP /Prior to
activities under the revised project. The purpose of Santa Clara County construction. Verification of issuance and
the SMP and HSP is to es tablish appropriate Department of implementation grading,
management practices for handling impacted soil, Environmental Health of approved SMP demolition, or soil vapor, and groundwater or other materials that
may potentially be encountered during construction (SCCDEH) for review andHSP building permits
activities, especially in areas of former hazardous and approval. The and prior to final
materials storage and use, and the profiling of soil approved SMP and occupancy.
planned for off-site disposal and/or reuse on-site. HSP shall be
The SMP shall document former and suspect UST submitted to the City
locations, hazardous materials transfer lines, oil-of Cupertino
water separators, neutralization chambers, and Community
hydraulic lifts, etc. The SMP shall also identify the Development
protocols for accepting imported fill materials, if Department -
needed. The SMP and HSP shall be submitted to Building for SCCDEH for approval and the approved SMP and
HSP shall be submitted to the City Building Division implementation by
Valko Town Center Specific Plan 15 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Responsible for
Mitigation Measure . Procedure Implementation Action/Frequency
Monitoring
prior to commencement of construction (including the Santa Clara
demolition) activities. County Fire District.
MM HAZ-1.2: The site contains equipment and Project Applicant to During demolition Santa Clara SCCDEHand
facilities associated with past activities that are indicate the specific County SCCFD to ensure
known to or may contain residual hazardous items identified in Department of removal of all
materials. The following measures shall be demolition plans and Environmental identified
implemented under the revised project during coordinate removal of Health, Santa equipment. Reports
building demolition and shall be indicated on the pipes, USTs etc. Clara County Fire to indicate demolition plans:
District compliance to be
• Sears and JC Penney Automotive Centers: submitted to the
City of Cupertino -Sears: Remnant piping that appears to have
Building formerly distributed grease, oil and
Department/ prior transmission fluid from storage locations to the
to issuance of service bays located along interior building
grading permits walls, ceilings and within the basement shall be
properly removed and disposed, and stains
and residual oil shall be cleaned from the
interior building surfaces. This work shall be
coordinated with the SCCFD.
-Sears: The below ground oil-water separator
( connected to floor drains within the building)
Vallco Town Center Specific Plan 16 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
and an acid neutralization chamber ( connected
to drains within a former battery storage room)
shall be cleaned and removed. This work shall
be coordinated with the SCCFD and SCCDEH.
Soil quality below each of the structures shall
be evaluated via sampling and laboratory
analyses .
-Sears: The potential presence of a waste oil
UST shall be further investigation by removing
the access cover and, if uncertainty remains,
the subsequent performance of a geophysical
survey. If a UST is identified, it shall be
removed in coordination with the SCCFD and
SCCDEH, and underlying soil quality shall be
evaluated. If no UST is identified, soil quality
at the location of the waste oil UST, as depicted
on the 1969 building plan, shall be evaluated
via the collection of soil samples from borings
for laboratory analyses.
-Sears and JC Penney: Each of the below-
ground lift casings and any associated
hydraulic fluid piping and reservoirs from
Valko Town Center Specific Plan 17 City of Cupertino
. Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency Monitoring
hydraulic lifts shall be removed and properly
disposed. An Environmental Professional shall
be retained to observe the removal activities
and, if evidence of leakage is identified, soil
sampling and laboratory analyses shall be
conducted.
-JC Penney: The project proponent shall obtain
a permit from SCCDEH to properly remove
and dispose of the 750 gallon oil-water
separator during redevelopment activities.
Collection and analysis of confirmation soil
samples would be required under oversight of
SCCDEH.
• Existing staining and spilled oil on-site, including
at the Sears Automotive Center and Cupertino Ice
Center, shall be properly cleaned. When these
facilities are demolished, an Environmental
Professional shall be present to observe underlying
soil for evidence of potential impacts and, if
observed, collect soil samples for laboratory
analyses.
Valko Town Center Specific Plan 18 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Mitigation Measure
• If the lead-bas ed paint on-site is flaking, peeling,
or blistering, it shall be removed prior to
demolition. Applicable OSHA regulations shall be
followed; these include requirements for worker
training and air monitoring and dust control. Any
debris containing lead shall be disposed
appropriately.
• An asbestos survey shall be completed of the
buildings prior to their demolition in accordance
with the National Emissions Standards for
Hazardous Air Pollutants (NESHAP) guidelines.
NESHAP guidelines require the removal of
potentially friable ACMs prior t o building
demolition or renovation that may disturb the
ACM.
• Once existing buildings and improvements are
removed, soil sampling shall be completed to
evaluate if agricultural chemicals and lead are
present. The agricultural pesticide sampling shall
focus on former orchard and row crop areas, as
well as in the vicinity of outbuilding (barns and
sheds) that were formerly located on the southeast
Valko Town Center Sp e cific Plan
Implementing
Procedure
19
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring
Action/Frequency
City o f Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency Monitoring
portion of the site. Testing for lead contamination
shall be completed at the former structure
locations. The sampling, which shall follow
commonly accepted environmental protocols, shall
be performed prior to soil excavation activities in
order to appropriately profile the soil for off-haul
to a disposal facility . The analytical data shall be
compared to either residential screening levels
and/or the specific acceptance criteria of the
accepting facility. If this soil is planned to be
reused on-site, it shall be compared to residential
screening levels and/or natural background levels
of metals.
MM HAZ-1.3: Prior to issuance of demolition and/or Project applicant to During demolition Santa Clara Valley Review and
grading permits, groundwater monitoring wells shall coordinate with and grading Water District/City approve removal of
be properly destroyed in accordance with the SCVWDon of Cupertino -groundwater
SCVWD Ordinance 90-1. groundwater Public Works monitoring
monitoring well and/or Building wells/prior to
removal Department issuance of
demolition and
grading permits,
clearance must be
Valko Town Center Spe cific Plan 20 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Responsible for Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
approved from the
SCVWD to ensure
that this work is
being completed in
compliance with
their requirements
prior to issuance of
demolition and/or
grading permits. A
letter indicating
satisfaction with
the removal must
be submitted to the
City prior to
issuance of
building permits.
MM HAZ-1.4: As part of the facility closure process Project applicant to During demolition SCCDEH and Review and
for occupants that use and/or store hazardous submit a closure plan and/or grading as SCCFD/City of approve closure
materials, the SCCFD and SCCDEH typically require appropriate Cupertino-plan/accept final
that a closure plan be submitted by the occupant that Community approved closure
describes required closure activities, such as removal Development -plan and ensure
of remaining hazardous materials, cleaning of Building implementation
Valko Town Center Spe cific Plan 21 City o f Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency Monitoring
hazardous material handling equipment,
decontamination of building surfaces, and waste
disposal practices, among others. Facility closures
shall be coordinated with the Fire Department and
SCCDEH to ensure that required closure activities
are completed prior to issuance of demolition and/or
grading permits.
MM HAZ-6.1: Implement MM HAZ-1.1 through-Sarne as MM HAZ-1.1 Sarne as MM Sarne as MM Sarne as MM HAZ-
1.4. through MM HAZ 1.4 HAZ-1.1 through HAZ-1.1 through 1.1 through MM
MMHAZl.4 MMHAZl.4 HAZ 1.4
Noise and Vibration
MM NOI-1.1:Construction activities under the Project applicant shall During Cupertino Review and
revised project shall be conducted in accordance with prepare a demolition, Community approve
provisions of the City's Municipal Code which limit comprehensive grading and/or Development construction
temporary construction work to daytime hours, 1 Construction construction Department -management plan
Monday through Friday. Certain types of Management Plan to Building and and ensure
construction are prohibited on weekends and all ensure compliance Cupertino -Public implementation of
holidays pursuant to Municipal Code Sections
10.48.053(B), (C) and (D).2 Further, the City requires with MM NOI-1.1. the construction
1 Per Municipal Code Section 10.48.010 , daytime is defined as the period from 7:00 AM to 8:00 PM weekdays.
2 Municipal Code Section 10.48.053(B): Notwithstanding Section 10.48.053A, it is a violation of this chapter to engage in any grading, street construction,
demolition or underground utility work within seven hundred fifty feet of a residential area on Saturdays, Sundays and holidays , and during the nighttime period,
except as provided in Section 10.48 .030. Municipal Code Section 10.48.053(C): Construction, other than street construction, is prohibited on holidays, except as
Vallco Town Center Specific Plan 22 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring Responsible for Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
that all equipment have high-quality noise mufflers Notes shall be Works management
and abatement devices installed and are in good included on all Department plan/Prior to
condition. Additionally, the construction crew shall construction issuance of
adhere to the following construction best documents to ensure demolition,
management practices listed in MM NOI-1.2 below to adherence to noise grading, building
reduce construction noise levels emanating from the limitations. permit and site and minimize disruption and annoyance at
periodically during existing noise-sensitive receptors in the project
vicinity. project construction
activities
MM NOI-1.2:Future development shall prepare and Project applicant shall During Cupertino Review and
submit a construction noise control plan to the City's prepare a demolition, Community approve
Building Department and Code Enforcement for corn prehensive grading and/or Development construction
review and approval. The on-site Construction Construction construction Department -management plan
Manager shall implement the construction noise Management Plan to Building and and ensure
control plan, which would include, but not be limited ensure compliance Planning and implementation of to, the following available controls:
with MM NOI-1.2. Cupertino -Public the construction • Construct temporary noise barriers, where
feasible, to screen stationary noise-generating Notes shall be Works management
equipment. Temporary noise barrier fences would included on all Department plan/Prior to
provide a five dBA noise reduction if the noise construction issuance of
documents to ensure demolition,
provided in Sections 10.48.029 and 10.48 .030. Municipal Code Section 10.48 .053(D): Construction, other than street construction, is prohibited during
nighttime periods unless it meets the nighttime standards of Section 10.48.040.
Valko Town Center Specific Pl an 23 City o f Cupertin o
Mitigation Monitoring or Reporting Program
Valko Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
barrier interrupts the line-of-sight between the adherence to noise grading, building
noise source and receptor and if the barrier is limitations. permit and
constructed in a manner that eliminates any cracks periodically during
or gaps. project construction
• Equip all internal combustion engine-driven activities
equipment with intake and exhaust mufflers that
are in good condition and appropriate for the
equipment.
• Enforce idling limit of two minutes for internal
combustion engines unless subject to state law
exemptions (e.g., safety issues).
' • Locate stationary noise-generating equipment,
such as air compressors or portable power
generators, as far as possible from sensitive
receptors as feasible . If they must be located near
receptors, adequate muffling (with enclosures
where feasible and appropriate) shall be used to
reduce noise levels at the adjacent sensitive
receptors. Any enclosure openings or venting
shall face away from sensitive receptors.
• Utilize "quiet" air compressors and other
stationary noise sources where technology exists.
Vallco Town Center Specific Plan 24 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency
Monitoring
• Construction staging areas shall be established at
locations that would create the greatest distance
between the construction-related noise sources
and noise-sensitive receptors nearest the project
site during all project construction.
• Locate material stockpiles, as well as
maintenance/equipment staging and parking
areas, as far as feasible from residential receptors.
• Control noise from construction workers' radios to
a point where they are not audible at existing
residences bordering the project site.
• If impact pile driving is proposed, temporary noise
control blanket barriers shall shroud pile drivers or
be erected in a manner to shield the adjacent land
uses.
• If impact pile driving is proposed, foundation pile
holes shall be pre-drilled to minimize the number
of impacts required to seat the pile. Pre-drilling
foundation pile holes is a standard construction
noise control technique. Pre-drilling reduces the
number of blows required to seat the pile. Notify
Valko Town Center Specific Plan 25 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency Monitoring
all adjacent land uses of the construction schedule
in writing.
• The contractor shall prepare a detailed
construction schedule for major noise-generating
construction activities and provide it to adjacent
land uses. The construction plan shall identify a
procedure for coordination with adjacent
residential land uses so that construction activities
can be scheduled to minimize noise disturbance.
• Designate a "disturbance coordinator" who would
be responsible for responding to any complaints
about construction noise. The disturbance
coordinator would determine the cause of the
noise complaint (e.g., bad muffler, etc.) and would
require that reasonable measures be implemented
to correct the problem. The telephone number for
the disturbance coordinator shall be conspicuously
posted at the construction site and included in the
notice sent to neighbors regarding the construction
schedule.
MM NOI-1.3:A qualified acoustical consultant shall Project applicant to During City of Cupertino Review report and
be retained for development under the revised submit reports prior construction -Community approve building
Valko Town Center Specific Plan 26 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring Responsible for
Mitigation Measure Procedure Implementation Action/Frequency Monitoring
project to review mechanical noise, as these systems to installation of Development permits/prior to
are selected, to determine specific noise reduction mechanical systems to Department -issuance of
measures necessary to ensure noise complies with the ensure compliance Planning building permits
City's noise level requirements. Mechanical for mechanical
equipment shall be selected and designed to reduce equipment.
impacts on surrounding uses to meet the City's noise
level requirements. Noise reduction measures could
include, but are not limited to:
• Selection of equipment that emits low noise levels;
• Installation of noise dampening techniques, such
as enclosures and parapet walls, to block the line-
of-sight between the noise source and t~e nearest
receptors;
• Locating equipment in less noise-sensitive areas,
where feasible.
MM NOl-1.4:Section 10.48.062 prohibits deliveries Project applicant to During project City of Cupertino Review plans for
between 8:00 PM and 8:00 AM on weekdays and include appropriate review, -Community compliance/prior to
between 6:00 PM and 9:00 AM on weekends and measures on plans construction and Development approval of
holidays, which shall be enforced ·as part of the prior to issuance of operation Department -planning
revised project. Additionally, the effect of loading Master Site Planning and entitlements and/or
zone activities would be evaluated for noise impacts Development Permit, Recreation and building permits as and help determine design decisions once project-
Architectural and Site Community appropriate specific information for the revised proiect, such as
Valko Town C enter Specifi c Pl an 27 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for Action/Frequency
Monitoring
type and size of the commercial uses, hours of Approvals and/or Services
operation, frequency of deliveries, and location of building permits as Department -
loading zones, is available. Noise reduction appropriate. Project Code Enforcement
measures could include, but are not limited to, the applicant to ensure
following: appropriate signage is
• Move loading zones inside (e.g., within parking included on site and
structures), where possible, and as far from that site design is
adjacent residential uses as possible. sensitive to ensure
• Implement a no idling policy at all locations that compliance.
requires engines to be turned off after two
minutes.
• Recess truck docks into the ground or locate them
within parking structures.
• Equip loading bay doors with rubberized gasket
type seals to allow little loading noise to escape.
MM NOI-1.5: Prior to issuance of building permits, Project applicant to During project City of Cupertino Review plans for
a noise study shall be completed to determine noise provide acoustical review, -Community compliance/prior to
levels due to truck deliveries at the proposed report if regular truck construction and Development approval of
buildings, and the specific noise control that shall be deliveries and loading operation Department -building permits
implemented to reduce noise levels below the City's is expecting adjacent Planning and
thresholds at adjacent residential property lines shall to the residential Recreation and
be identified. property lines prior to Community
Valko Town Center Specific Plan 28 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation
Monitoring
Action/Frequency
issuance of building Services
permits Department -
Code Enforcement
MM NOI-2.1: Where vibration levels due to Project applicant shall During Cupertino Review and
construction activities under the revised project prepare a demolition, Community approve
would exceed 0.3 in/sec PPV at nearby sensitive uses, comprehensive grading and/or Development construction
development shall: Construction construction Department -management plan
• Comply with the construction noise ordinance to Management Plan to Building and and ensure
limit hours of exposure. The City's Municipal ensure compliance Planning and implementation of
Code allows construction noise to exceed limits with MM NOI-1.2. Cupertino -Public the construction
discussed in Section 10.48.040 during daytime Notes shall be Works management
hours. Certain types of construction are prohibited included on all Department plan/Prior to
on weekends and all holidays pursuant to construction issuance of
Municipal Code Sections 10.48 .053(B), (C), and (D). documents to ensure demolition,
• In the event pile driving would be required, all adherence to noise grading, building
receptors within 300 feet of the project site shall be limitations. permit and
notified of the schedule a minimum of one week periodically during
prior to its commencement. The contractor shall project construction
implement "quiet" pile driving technology (such activities.
as pre-drilling of piles, the use of more than one
pile driver to shorten the total pile driving
duration, or the use of portable acoustical
Valko Town Center Specific Plan 29 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Mitigation Measure
barriers), in consideration of geotechnical and
structural requirements and conditions.
• To the extent feasible, the project contractor shall
phase high-vibration generating construction
activities, such as pile driving/ground-impacting
operations, so they do not occur at the same time
with demolition and excavation activities in
locations where the combined vibrations would
potentially impact sensitive areas.
• The project contractor shall select demolition
methods not involving impact tools, where
possible (for example, milling generates lower
vibration levels than excavation using clam shell
or chisel drops).
• The project contractor shall avoid using vibratory
rollers and packers near sensitive areas.
• Impact pile driving shall be prohibited within 90
feet of an existing structure surrounding the
project site. Vibratory pile driving shall be
prohibited within 60 feet of an existing structure
surrounding the project site.
Valko Town Center Specific Plan
Implementing
Procedure
30
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring
Action/Frequency
City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring Responsible for Mitigation Measure Procedure Implementation Action/Frequency Monitoring
• Prohibit the use of heavy vibration-generating
construction equipment, such as vibratory rollers
or clam shovel, within 20 feet of any adjacent
sensitive land use.
• If pile driving is required in the vicinity of
vibration-sensitive structures adjacent to the
project site, survey conditions of existing
structures and, when necessary, perform site-
specific vibration studies to direct construction
activities. Contractors shall continue to monitor
effects of construction activities on surveyed
sensitive structures and offer repair or
compensation for damage.
Construction management plans for substantial
construction projects, particularly those involving
pile driving, shall include predefined vibration
reduction measures, notification requirements for
properties within 200 feet of scheduled construction
activities, and contact information for on-site
coordination and complaints.
MM NOI-3.1: Future development under the Project applicant shall During Cupertino Prior to issuance of
revised project shall implement available measures to indicate the noise construction. Community grading, building,
Valko Town Center Specific Plan 31 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
reduce project-generated noise level increases from reduction methods Development or occupancy
project traffic on Perimeter Road. The noise included in the Department -permit and on a
attenuation measures shall be studied on a case-by-improvement plans Building and complaint basis.
case basis at receptors that would be significantly for the project during Public Works
impacted. Noise reduction methods could include Master Site Department
the following: Development Permit • Alternative noise reduction techniques, such as re-
review and approval paving Perimeter Road with "quieter" pavement to ensure that project
types including Open-Grade Rubberized Asphaltic noise is below the
Concrete. The use of "quiet" pavement can
reduce noise levels by two to five dBA, depending
City's thresholds. If
complaints are
on the existing pavement type, traffic speed, traffic
received despite volumes, and other factors.
• Traffic calming measures to slow traffic, such as incorporation of the
noise reduction
speed bumps. techniques, a third
Building sound insulation for affected residences, party consultant will
such as sound-rated windows and doors, on a case-conduct an acoustical
by-case basis as a method of reducing noise levels in
study to determine interior spaces.
whether additional
sound insulation
(such as sound-rated
windows and doors)
Valko Town Center Specific Plan 32 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring Responsible for Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
is necessary for that
affected residence to
reduce noise levels in
interior spaces and
shall identify the
minimum required
improvements. If
study indicates this is
required, the
applicant shall bear
the cost of the
required minimum
improvements.
MM NOI-4.1:Implement MM NOI-1.1 and-1.2. Same as MM NOI-1.1. Same as MM NOi-Same as MM NOi-Same as MM NOi-
and-1.2 1.1. and -1.2 1.1. and -1.2 1.1. and -1.2
MM NOI-6.1: Implement MM NOI-3.1 to reduce Same as MM NOI-3.1 Same as MM NOi-Same as MM NOi-Same as MM NOi-
project-generated noise level increases on Perimeter 3.1 3.1 3.1
Road north of Stevens Creek Boulevard and Valko
Parkway east of North Wolfe Road.
Transportation/Traffic
MM TRN-1.1: Develop and implement a TDM Project applicant shall Occupancy. See Third-party TheTDM
Program which includes a trip cap that is based on a submit a TOM also condition of consultant and Monitoring
Vallco Town Center Specific Plan 33 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Responsible for Mitigation Measure Procedure Implementation Action/Frequency Monitoring
34 percent non-SOV rate for the office uses. The program for review approval related to City of Cupertino Program would
TDM Program includes the creation of a and approval by the TDMProgram Community occur in the fall
Transportation Management Association that would: City prior to below Development (mid-September
• Provide concierge services to residents and retail occupancy. The Department -through mid-
owners (for their employees); Applicant will Public Works . See November) after six
• Coordinate with the office component; and establish a TMA for also condition of months occupancy
• Oversee the overall TDM program among all users of the site. approval related to of 50 percent of the
property owners and tenants to achieve the office The Program will TDMProgram total approved
trip caps outline the measures below. buildout. The TDM
that will be Monitoring
As part of the TDM Program, the City shall require implemented at the Program shall be
future development to implement the Specific Plan's outset. See also conducted annually TDM Monitoring Program to ensure that the TDM
Condition of approval for the first 10 reduction goals are achieved. The TDM Monitoring
related to TDM years. If the Program shall require a robust Monitoring Program
to ensure that this TDM program mitigation measure Program below. monitoring reveals
is implemented and that the required trip caps are that the peak trip
achieved. The Monitoring Program shall be subject counts have not
to review and approval by the City of Cupertino and been exceeded in
would include driveway monitoring for all office the last three years
uses during the AM and PM peak hours. The TDM of the first 10 years
Monitoring Program would occur in the fall (mid-of annual
September through mid-November) after six months monitoring, the
Valko Town C enter Spe cific Plan 34 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
occupancy of 50 percent of the total approved TDM monitoring
buildout. The TDM Monitoring Program shall be shall be reduced to
conducted annually for the first 10 years. If the once every two
monitoring reveals that the peak trip counts have not years (i.e .. y ear 10,
been exceeded in the last three years of the first 10 12, 14, etc.).
years of annual monitoring, the TDM monitoring However, if any shall be reduced to once every two years (i.e .. year
10, 12, 14, etc.). However, if any biennial report biennial report
reveals that the peak trip counts have been exceeded, reveals that the
the monitoring shall revert to annual monitoring peak trip counts
until such time that the peak trip counts have not have been
been exceeded for three consecutive annual reports. exceeded, the
If future development is not able to meet the monitoring shall
identified TDM goal, then the City would collect revert to annual
penalties (assigned proportionately between the uses monitoring until
that do not meet the trip cap), as specified in the such time that the
Specific Plan's TDM Monitoring Program. Penalties peak trip counts collected from the TDM Monitoring Program will be
used to improve multimodal access around the site have not been
exceeded for three and throughout the City of Cupertino.
consecutive annual
The TDM program is expected to reduce the severity reports. See also
of intersection and freeway impacts, although not condition of
necessarily to a less than significant level. approval related to
Valko Town C enter Specific Plan 35 City o f Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for Action/Frequency Monitoring
(Significant and Unavoidable Impact with TDMProgram
Mitigation Incorporated) below.
MM TRN-1.2: Intersection 12, De Anza Project applicant shall Prior to issuance City of Cupertino -Accept TIF.
Boulevard/McClellan Road: convert the shared left-pay the TIF. of building permit Public Works
tum/through lane on the eastbound approach of Department
McClellan Road to a dedicated through lane (for a
total of one left-tum lane, one through lane, and one
right-tum lane). This would allow converting the
phasing on the east-west approaches from split
phasing to protected left-tum phasing. This
improvement is included in the City's TIF Program
and would improve intersection operations to an
acceptable LOS D. Future development under the
revised project shall pay transportation mitigation
fees as calculated pursuant to the TIF program to
mitigate this impact. However, because the TIF
improvements are not fully funding and the timing
of implementation is not known at this time, the
impact to Intersection 12 is considered significant
and unavoidable. (Significant and Unavoidable
Impact with Mitigation Incorporated)
Valko Town Center Specific Plan 36 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
MM TRN-1.3: A fair-share payment contribution of Project applicant shall Prior to the City of Cupertino -Amount must be
$3,865,182.00 to improvements identified in VTA' s pay its fair share entering into a Public Works paid prior to
VTP 2040 for freeway segments on SR 85, I-280, and contribution of street Department entering into a
I-880 that the project (or project alternative) $3,865,182.00 to the improvement street improvement
significantly impacts shall be paid by future City until such time as agreement with agreement. The
development associated with the revised project. VTA initiates the the City of amount will be
project. Cupertino. held by the City
The VTA' s VTP 2040 identifies several freeway until such time as
projects that are relevant to the identified freeway the VTA initiates
segment impacts, including: the project at which
• VTP ID Hl: SR 85 Express Lanes: US 101 (South time it shall be
San Jose to Mountain View). This project would remitted to VTA.
convert 24 miles of existing HOV lanes to express
lanes, and allow single-occupancy vehicles access
to the express lanes by paying a toll. An
additional express lane will be added to create a
two-lane express lane along a portion of the
corridor. On November 13, 2017, the cities of
Cupertino and Saratoga and the Town of Los
Valko Town Center Specific Plan 37 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation
Responsible for Action/Frequency Monitoring
Gatos entered into a settlement agreement3 with
VTA and Caltrans that requires VTA to implement
the 2016 Measure B State Route 85 Corridor
Program Guidelines which include preparing a
Transit Guideway Study for this corridor to
identify the most effective transit and congestion
relief projects on SR 85 that will be candidates for
funding. Upon completion of the study, and
implementation plan for these projects will be
developed.
• VTP ID Hll: I-280 Express Lanes: Leland Avenue
to Magdalena A venue. This project converts
existing HOV lanes to express lanes.
• VTP ID H13: I-280 Express Lanes: Southbound El
Monte A venue to Magdalena A venue. This
project builds new express lanes.
• VTP ID Hl5: I-880 Express Lanes: US 101 to I-280.
This project would build new express lanes on I-
880.
3 As part of the Settlement Agreement, City of Saratoga, et al. v. California D epartment of Transportation , et al. (Santa Clara County Superior Court Case No .
l 15CV281214), which was a suit by the three cities challenging Caltrans's approval of the State Route 85 Express Lanes Project, was dismissed on November
17 , 2017.
Valko Town Center Specific Plan 38 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
• VTP ID H35: I-280 Northbound: Second Exit Lane
to Foothill Expressway. This project constructs a
second exit lane from northbound I-280 to Foothill
Expressway.
• VTP ID H45: I-280 Northbound Braided Ramps
between Foothill Expressway and SR 85: This
project would conduct preliminary engineering,
environmental studies, and design to widen the
existing off-ramp to Foothill Expressway from
Northbound I-280 from a single-lane exit to a two-
lane exit opening at I-280.
MM TRN-2.1: Implement MM TRN-1.1. The TDM See MM TRN -1.1 See MM TRN-1.1 See MM TRN-1.1 See MM TRN-1.1
program is expected to reduce the severity of See also Condition of See also Condition See also Condition See also Condition
intersection and freeway impacts, although not Approval related to of Approval of Approval of Approval related
necessarily to a less than significant level. TDMbelow. related to TDM related to TDM to TDM below.
(Significant and Unavoidable Impact with below. below.
Mitigation Incorporated)
MM TRN-2.2: Intersection 12, De Anza Project applicant shall Prior to issuance City of Cupertino -Accept TIF prior to
Boulevard/McClellan Road: Implement MM TRN-pay the TIF. of building permit. Public Works issuance of
1.2. Implementation of MM TRN-1.2 would improve Department building permit
intersection the average intersection delay to better
than background (without project or project
Valko Town Center Specific Plan 39 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
alternative) conditions. However, because the TIF
improvements are not fully funded and the timing of
implementation is not known at this time, the impact
is considered significant and unavoidable.
(Significant and Unavoidable Impact with
Mitigation Incorporated)
MM TRN-2.3: Intersection 31, Wolfe RoadNallco Applicant shall Prior to the City of Cupertino Prior to issuance of
Parkway: Provide an overlap phase for the provide engineering entering into a -Public Works occupancy permit.
westbound right-tum movement, which would plans to ensure street Department
provide for a green right-tum arrow while the construction of these improvement
southbound left-tum movement has its green phase. improvements agreement with
Southbound U-turns shall also be prohibited. the City of
Implementation of this mitigation measure would Cupertino.
improve intersection level of service to an acceptable
LOS D. (Less than Significant Impact with
Mitigation Incorporated)
MM TRN-2.4: Intersection 42, Stevens Creek Project applicant shall Prior to issuance City of Cupertino -Accept TIF prior to
Boulevard/ran.tau A venue: Provide a northbound pay the TIF. of building permit. Public Works issuance of
left-tum lane (for a total of one left-tum lane and one Department building permit
shared through/right-tum lane). This would allow
converting the phasing on the east-west approaches
from split phasing to protected left-tum phasing.
Valko Town Center Specific Plan 40 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
' Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency
Monitoring
This improvement is included in the City's TIF
Program and would improve intersection operations
to an acceptable LOS D. Future development under
the revised project shall pay transportation
mitigation fees as calculated pursuant to the TIF
program to mitigate this impact. However, because
the TIF improvements are not fully funding and the
timing of implementation is not known at this time,
the impact is considered significant and unavoidable.
(Significant and Unavoidable Impact with
Mitigation Incorporated)
MM TRN-2.5: Intersections 43-45, Contribute a fair-Project applicant shall Prior to the City of Cupertino -Amount must be
share contribution of $96,000.00 to a traffic signal pay its fair share entering into a Public Works paid prior to
timing study and implementation of the revised contribution of street Department entering into a
timings on Stevens Creek Boulevard at Stern A venue, $96,000.00 to the City improvement street improvement
Calvert Drive, and Agilent Driveway. The revised which will be held by agreement with agreement. The
project impacts would likely improve with the City until such the City of amount will be
modifications to the signal timings as traffic volumes time as the project is Cupertino. held by the City
change, but the impact is concluded to be significant initiated. until such time as
and unavoidable because the effectiveness of the the project is
improvement would be determined through the initiated at which
signal timing study and because the intersection is time it shall be
Valko Town C enter Sp eci fic Plan 41 City of Cupertin o
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency Monitoring
under the jurisdiction of another agency and the City remitted to the
cannot guarantee the implementation of the signal agency.
timing study. (Significant and Unavoidable Impact
with Mitigation Incorporated)
MM TRN-2.6: Intersection 48, Lawrence Project applicant shall Prior to the City of Cupertino -Amount must be
Expressway/Homestead Road: Pay a fair-share pay its fair share entering into a Public Works paid prior to
contribution of $291,000.00 to the near-term contribution of street Department entering into a
improvement identified in the Santa Clara County's $291,000.00 to the City improvement street improvement
Expressway Plan 2040 Study for this intersection. which will be held by agreement with agreement. The
The Expressway Plan 2040 Study identifies a near-the City until such the City of amount will be
term improvement of an additional eastbound time as the project is Cupertino. held by the City
through lane on Homestead Road. With this initiated. until such time as
improvement, intersection operations would the project is
improve, but the intersection would continue to initiated at which
operate at LOS F with delays greater than under time it shall be
background conditions. remitted to the
agency.
The ultimate improvement identified by the
County's Expressway Plan 2040 is to grade-separate
the intersection. That is a long-term improvement,
however, which would not be implemented within
the next 10 years. Therefore, the impact is considered
Vallco Town Center Specific Plan 42 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
significant and unavoidable. (Significant and
Unavoidable Impact with Mitigation Incorporated)
MM TRN-2.7: Intersection 51, Lawrence Project applicant shall Prior to the City of Cupertino -Amount must be
Expressway/Calvert Drive-I-280 Southbound Ramp: pay its fair share entering into a Public Works paid prior to
Improvements to mitigate the impact would include contribution of street Department entering into a
providing a fourth northbound through lane (for a $133,380.00 to the City improvement street improvement
total of four through lanes and one right-tum lane). which will be held by agreement with agreement. The
This would require four receiving lanes north of the City until such the City of amount will be
Calvert Drive-I-280 Southbound Ramps. With this time as the project is Cupertino. held by the City
improvement, the intersection would operate at initiated. until such time as
acceptable LOS E or better. The widening of the project is
Lawrence Expressway from three to four lanes in initiated at which
each direction between Moorpark A venue to south of time it shall be
Calvert Drive is included in the VTP 2040 as a remitted to the
constrained project (VTP 2040 Project# XlO). The agency.
VTP 2040 does not include widening of Lawrence
Expressway at or north of Calvert Drive, however.
The fourth northbound through lane on Lawrence
Expressway could potentially be provided with an
added receiving lane that would connect directly to
the off-ramp to Lawrence Expressway (also known
as "trap" lane) just north of the I-280 overcrossing.
Valko Town Cente r Sp ecific Plan 43 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
The City shall coordinate with the County of Santa
Clara to and Caltrans to determine if a fourth
through lane could be provided. Future
development under the proposed project shall be
required to pay a fair-share contribution of
$133,380.00 if the improvement is feasible. The
impact would remain significant and unavoidable
because the feasibility of the improvement is yet to
be determined, and because the intersection is within
the responsibility and jurisdiction of another agency
and the City cannot guarantee the improvement
would be constructed concurrent with the proposed
project. (Significant and Unavoidable Impact with
Mitigation Incorporated)
MM TRN-2.8: Intersection 53, Lawrence Project applicant shall Prior to the City of Cupertino -Amount must be
Expressway/Bollinger Road: Improvements to pay its fair share entering into a Public Works paid prior to
mitigate the revised project's impact would include contribution of street Department entering into a
providing a fourth northbound through lane (for the $133,380.00 to the City improvement street improvement
PM peak hour impact) and fourth southbound which will be held by agreement with agreement. The
through lane (for the AM peak hour impact). The the City until such the City of amount will be
widening of Lawrence Expressway from three to four Cupertino. held by the City
Valko Town Center Specific Plan 44 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency
Monitoring
lanes in each direction between Moorpark A venue to time as the projed is until such time as
south of Calvert Drive is included in the VTP 2040 as initiated. the project is
a constrained project (VTP 2040 Project# XlO). This initiated at which
VTA project also includes the provision of an time it shall be
additional westbound through lane on Moorpark remitted to the
Avenue. agency.
Assuming that both the northbound and southbound
approaches would be modified to accommodate four
through lanes, the intersection would operate at or
better than acceptable LOS E under the revised
project during the AM and PM peak hours. Future
development under the revised project shall be
required to pay a fair-share contribution of
$133,380.00 to VTP Project# XlO. The impact would
remain significant and unavoidable, however,
because the intersection is within the responsibility
and jurisdiction of another agency and the City
cannot guarantee the improvement would be
constructed concurrent with the proposed project.
(Significant and Unavoidable Impact with
Mitigation Incorporated)
Valko Town Center Specific Plan 45 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency Monitoring
MM TRN-2.9: Implement MM TRN-1.3. The VTP MM TRN-1.3 -Project MMTRN-1.3-MM TRN-1.3-MM-TRN-1.3 -
2040 projects will enhance vehicular travel choices applicant shall pay its Prior to the City of Cupertino -Amount must be
for the project (and project alternatives), and make fair share contribution entering into a Public Works paid prior to
more efficient use of the transportation roadway of $3,865,182.00 to the street Department entering into a
network, and the SR 85 Transit Guideway Study will City which will be improvement street improvement
help improve transit options in the SR 85 corridor. held by the City until agreement with agreement. The
These freeway operations enhancements would not such time as the the City of amount will be
improve all impacted freeway segments to less than project is initiated. Cupertino. held by the City
significant levels, however. The TDM. Program until such time as
proposed under the revised project and mitigation the VTA initiates
measure MM TRN-2.1 would reduce project-the project at which
generated vehicle trips, thereby reducing the revised time it shall be
project impact on freeway segments, but it is not remitted to the
anticipated that the freeway impacts would be agency.
reduced to a less than significant level. For the above
reasons, the revised project would remain significant
and unavoidable with the implementation of MM
TRN-2.1 and -2.9 . (Significant and Unavoidable
Impact with Mitigation Incorporated)
MM TRN-6.1: The VTA's VTP 2040 identifies the Project applicant shall Prior to the City of Cupertino -Amount must be
Stevens Creek Bus Rapid Transit project (VTP ID T4) pay its fair share entering into a Public Works paid prior to
as an improvement near the project site. Ultimately, contribution of street Department entering into a
Valko Town C enter Specific Plan 46 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency Monitoring
the VTP ID T4 would enhance travel choice for the $4,832,000.00 to the improvement street improvement
revised project and make more efficient use of the City which will be agreement with agreement. The
transportation network. Thus, future development held by the City until the City of amount will be
under the revised project would be required to such time as the Cupertino. held by the City
contribute its fair-share of $4,832,000.00 to VTP ID project is initiated. until such time as
T4 . However, the impact would remain significant the VTA initiates
and unavoidable because the implementation of the the project at which
VTP projects are within the responsibility and time it shall be
jurisdiction of another agency and the City cannot remitted to the
guarantee the improvement would be implemented agency.
concurrent with the revised project. (Significant and
Unavoidable Cumulative Impact with Mitigation
Incorporated)
MM TRN-7.1: Implement MM TRN-1.1. The TDM Same as MM TRN-1.1 Same as MM TRN-Same as MM TRN-Same as MM TRN-
program is expected to reduce the severity of 1.1 1.1 1.1
intersection and freeway impacts, although not
necessarily to a less than significant level.
(Significant and Unavoidable Impact with
Mitigation Incorporated)
MM TRN-7.2: Intersection 2, Stevens Creek Project applicant shall Issuance of first City of Cupertino -Accept TIF prior to
Boulevard/SR 85 northbound ramps: The City's TIF pay the TIF. building permit. Public Works issuance of
Program identifies the addition of an exclusive Department building permit
Valko Town Center Spe cific Plan 47 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency Monitoring
northbound left-tum lane from the SR 85 off-ramp
onto westbound Stevens Creek Boulevard. This
improvement would mitigate the revised project's
impact to a less than significant level. Future
development under the revised project shall pay
transportation mitigation fees as calculated pursuant
to the TIF program to mitigate this impact.
However, because the TIF improvements are not
fully funding and the timing of implementation is
not known at this time, the impact to Intersection 2 is
considered significant and unavoidable. (Significant
and Unavoidable Cumulative Impact with
Mitigation Incorporated)
MM TRN-7.3: Intersection 8, De Anza Project applicant shall Prior to issuance City of Cupertino Accept TIF prior to
Boulevard/Homestead Road: The City's TIF pay the TIF. of building permit. Community issuance of
Program identifies the widening of De Anza Development building permit
Boulevard to four through lanes between the I-280 Department -
interchange and Homestead Road. This Public Works.
improvement would mitigate the revised project's
impact to a less than significant level. Future
development under the revised project shall pay
transportation mitigation fees as calculated pursuant
Valko Town Center Specific Plan 48 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring Responsible for Mitigation Measure Procedure Implementation Action/Frequency Monitoring
to the TIF program to mitigate this impact.
However, because the TIF improvements are not
fully funding and the timing of implementation is
not known at this time, the impact to Intersection 8 is
considered significant and unavoidable. (Significant
and Unavoidable Cumulative Impact with
Mitigation Incorporated)
MM TRN-7.4: Intersection 12, De Anza Project applicant shall Prior to issuance City of Cupertino Accept TIF prior to
Boulevard/McClellan Road: Implement MM TRN-pay the TIF. of building permit. Community issuance of
1.2. Implementation of MM TRN-1.2 would improve Development building permit
intersection operations to better than cumulative Department -
(without) revised project conditions. However, Public Works.
because the TIF improvements are not fully funded
and the timing of implementation is not known at
this time, the impact is considered significant and
unavoidable. (Significant and Unavoidable Impact
with Mitigation Incorporated
MM TRN-7.5: Intersection 23, Wolfe Road/Fremont Project applicant shall Prior to the City of Cupertino Amount must be
A venue: Provide a dedicated southbound right-tum pay its fair share entering into a Public Works. paid prior to
lane from Wolfe Road onto westbound Fremont contribution of street entering into a
A venue. This would improve intersection delay to $527,000.00 to the City improvement street improvement
lower than cumulative conditions under the revised which will be held by agreement with agreement. The
Vallco Town Center Specific Plan 49 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring Responsible for Mitigation Measure Procedure Implementation Action/Frequency Monitoring
project. Thus, the impact would be mitigated to a the City until such the City of amount will be
less than significant level. time as the project is Cupertino. held by the City
initiated. until such time as
The City of Sunnyvale recently approved the project is
improvements to the "Triangle" area of Wolfe initiated at which
Road/El Camino Real, Wolfe Road/Fremont A venue, time it shall be
and El Camino Real/Fremont A venue. The remitted to the
"Triangle" improvements include the provision of a agency.
southbound right-tum lane from Wolfe Road to
Fremont A venue. Thus, future development under
the revised project would be required to contribute
their fair-share contribution of $527,000.00 to the
"Triangle" improvement project. However, the
impact would remain significant and unavoidable
because the intersection is within the responsibility
and jurisdiction of another agency and the City
cannot guarantee the improvement would be
constructed concurrent with the proposed project.
(Significant and Unavoidable Cumulative Impact
with Mitigation Incorporated)
Vallco Town Center Specific Plan 50 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
MM TRN-7.6: Intersection 26, Wolfe Project applicant shall Prior to issuance City of Cupertino Accept TIF prior to
Road/Homestead Road: Provide a dedicated pay the TIF. of building Community issuance of
southbound right-tum lane from Wolfe Road onto permit. Development building permit
westbound Homestead Road. To minimize Department -
secondary impacts to pedestrian travel, the right-tum Public Works.
lanes would need to be signal controlled, right-turns
on red would be prohibited, and pedestrians should
have a leading pedestrian phase (i.e., a pedestrian
walk indication is provided several seconds before
the right-turning vehicle traffic). This mitigation
measures would improve intersection operations but
not to a less than significant level.
The City's TIF Program includes the provision of the
dedicated southbound right-tum lane. Future
development under the revised project shall pay
transportation mitigation fees as calculated pursuant
to the TIF program to mitigate this impact.
However, because the TIF improvements are not
fully funding and the timing of implementation is
not known at this time, the impact to Intersection 26
is considered significant and unavoidable.
Valko Town Center Spe cific Plan 51 City of Cupe rtino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
(Significant and Unavoidable Cumulative Impact
with Mitigation Incorporated)
MM TRN-7.7: Intersection 31, Wolfe RoadNallco Same as MM TRN-2.3 Same as MM TRN-Same as MM TRN-Same as MM TRN-
Parkway: Implement MM TRN-2.3. Implementation 2.3 2.3 2.3
of this measure would mitigate the revised project's
cumulative impact to a less than significant level.
(Less than Significant Cumulative Impact with
Mitigation Incorporated)
MM TRN-7.8: Intersection 42, Stevens Creek Sarne as MM TRN-2.4 Sarne as MM TRN-Sarne as MM TRN-Sarne as MM TRN-
Boulevard(Tantau Avenue: Implement MM TRN-2.4 2.4 2.4
2.4. However, because the TIF improvements are not
fully funding and the timing of implementation is
not known at this time, the impact is considered
significant and unavoidable. (Significant and
Unavoidable Cumulative Impact with Mitigation
Incorporated)
MM TRN-7.9: Intersections 43-45: Implement MM Sarne as MM TRN-2.5 Sarne as MM TRN-Sarne as MM TRN-Sarne as MM TRN-
TRN-2.5. As discussed under Impact TRN-2, 2.5 2.5 2.5
implementation of this measure would reduce the
revised project's impact but not to a less than
significant level. (Significant and Unavoidable
Cumulative Impact with Mitigation Incorporated)_
Valko Town Center Specific Plan 52 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency
Monitoring
MM TRN-7.10: Intersection 48, Lawrence Same as MM TRN-2.6 Same as MM TRN-Same as MM TRN-Same as MM TRN-
Expressway/Homestead Road: Implement MM 2.6 2.6 2.6
TRN-2.6. As discussed under MM TRN-2.6, the
revised project shall pay a fair-share contribution of
$291,000 .00 to the long-term improvement identified
in the Santa Clara County's Expressway Plan 2040
Study for this intersection. The impact would remain
significant and unavoidable, however, because the
intersection is within the responsibility and
jurisdiction of another agency and the City cannot
guarantee the improvement would be constructed
concurrent with the proposed project. (Significant
and Unavoidable Cumulative Impact with
Mitigation Incorporated)
MM TRN-7.11: Intersection 51, Lawrence Same as MM TRN-2.7 Same as MM TRN-Same as MM TRN-Same as MM TRN-
Expressway/Calvert Drive-1-280 Southbound Ramp: 2.7 2.7 2.7
Implement MM TRN-2.7. The impact is significant
and unavoidable because the feasibility of the
improvement is yet to be determined, the impact
would remain significant and unavoidable, and
because the intersection is within the responsibility
and jurisdiction of another agency and the City
Valko Town Center Specific Plan 53 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
cannot guarantee the improvement would be
constructed concurrent with the proposed project.
(Significant and Unavoidable Cumulative Impact
with Mitigation Incorporated)
MM TRN-7.12: Intersection 53, Lawrence Same as MM TRN-2.8 Same as MM TRN-Same as MM TRN-Same as MM TRN-
Expressway/Bollinger Road: Implement MM TRN-2.8 2.8 2.8
2.8. Implementation of this measure would improve
intersection operations to an acceptable LOS E or
better. The impact would remain significant and
unavoidable, however, because the intersection is
within the responsibility and jurisdiction of another
agency and the City cannot guarantee the
improvement would be constructed concurrent with
the proposed project. (Significant and Unavoidable
Cumulative Impact with Mitigation Incorporated)
MM TRN-7.13: Intersection 60, Stevens Creek Project applicant shall Prior to the City of Cupertino Amount must be
Boulevard/Cabot A venue: Contribute a fair-share pay its fair share entering into a Public Works. paid prior to
contribution of $23,000.00 to a traffic signal timing contribution of street entering into a
study and implementation of the revised timings on $23,000.00 to the City improvement street improvement
Stevens Creek Boulevard at Cabot A venue. The which will be held by agreement with agreement. The
revised project impact would likely improve with the City until such the City of amount will be
modifications to the signal timings as traffic volumes Cupertino. held by the City
Valko Town Center Specific Plan 54 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation Responsible for
Action/Frequency
Monitoring
change. The impact would be significant and time as the project is until such time as
unavoidable, however, because the effectiveness of initiated. the project is
the improvement would be determined through the initiated at which
signal timing study and because the intersection is time it shall be
within the responsibility and jurisdiction of another remitted to the
agency and the City cannot guarantee the agency.
implementation of the signal timing study.
(Significant and Unavoidable Cumulative Impact
with Mitigation Incorporated)
MM TRN-7.14: Intersection 38, Tantau Project applicant shall Prior to issuance City of Cupertino Accept TIF prior to
A venue/Homestead Road: Restripe the southbound pay the TIF. of building permit. Community issuance of
approach (Quail Avenue) to provide a separate left-Development building permit
turn lane and shared through/right-tum lane Department -
(including removal of on-street parking). This Public Works.
improvement is included in the City's TIF Program
and would improve intersection operations to an
acceptable LOS D. Future development under the
revised project shall pay transportation mitigation
fees as calculated pursuant to the TIF program to
mitigate this impact. However, because the TIF
improvements are not fully funded and the timing of
implementation is not known at this time, the impact
Valko Town Center Specific Plan 55 City of Cupe rtino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
is considered significant and unavoidable.
(Significant and Unavoidable Cumulative Impact
with Mitigation Incorporated)
MM TRN-7.15: Implement MM TRN-1.3. The VTP Same as MM TRN-1.3 Same as MM TRN-Same as MM TRN-Same as MM TRN-
2040 projects will enhance vehicular travel choices 1.3 1.3 1.3
for the project (and project alternatives), and make
more efficient use of the transportation roadway
network, and the SR 85 Transit Guideway Study will
help improve transit options in the SR 85 corridor.
These freeway operations enhancements would not
improve all impacted freeway segments to less than
significant levels, however. The TDM Program
proposed under the revised project and mitigation
measure MM TRN-7.1 would reduce project-
generated vehicle trips, thereby reducing the revised
project impact on freeway segments, but it is not
anticipated that the freeway impacts would be
reduced to a less than significant level. For the above
reasons, the revised project would remain significant
and unavoidable with the implementation of MM
TRN-7.1 and -7.15. (Significant and Unavoidable
Impact with Mitigation Incorporated)
Va lko Town Center Specific Plan 56 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
MM TRN-7.16: Intersection 3, Stevens Creek Project applicant shall Prior to issuance City of Cupertino Accept TIF prior to
Boulevard/Stelling Road: Provide an additional pay the TIF. of building permit. Community issuance of
second eastbound left-tum lane from Stevens Creek Development building permit
Boulevard onto northbound Stelling Road. This Department -
mitigation measure would improve intersection Public Works.
operations to an acceptable LOS D-.
The City's TIF Program identifies the addition of a
second eastbound left-tum lane from Stevens Creek
Boulevard onto northbound Stelling Road as a
General Plan Mitigation Measure. Future
development under the revised project shall pay
transportation mitigation fees as calculated pursuant
to the TIF program to mitigate this impact.
However, because the TIF improvements are not
fully funded and the timing of implementation is not
known at this time, the impact is considered
significant and unavoidable. (Significant and
Unavoidable Cumulative Impact with Mitigation
Incorporated)
Valko Town Center Specific Plan 57 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring
Responsible for
Mitigation Measure Procedure Implementation Action/Frequency
Monitoring
Utilities and Service Systems
MM UTIL-2.1: Future development under the Project applicant shall Prior to issuance City of Cupertino -Prior to issuance of
revised project shall replace the existing 12-and 15-work with the of improvement Public Works final inspections for
inch sewer mains in Wolfe Road with new mains of Cupertino Sanitary plans and/or Department shall improvement
an adequate size as determined by CuSD, or shall District to determine building permits review and plans, building
install an 18-to 21-inch parallel pipe to the existing the appropriate coordinate finals and
12-and 15-inch mains to accommodate existing and mitigation improvement occupancy permits, project flows.
requirements. plans with as appropriate.
. Cupertino
Sanitary District.
MM UTIL-2.2: Future development under the Project applicant shall Prior to issuance City of Cupertino -Prior to issuance of
revised project shall replace the existing 27-inch work with the of improvement Public Works final inspections for
sewer main in Wolfe Road and Homestead Road Cupertino Sanitary plans and/or Department shall improvement
with new mains of an adequate size determined by District to determine building permits review and plans, building
the CuSD, or install a parallel pipe of an adequate the appropriate coordinate finals and
size to the existing 27-inch sewer main as determined mitigation improvement occupancy permits,
by CuSD.
requirements. plans with as appropriate.
Cupertino
Sanitary District.
MM UTIL-2.3: No building permits shall be issued Project applicant shall Prior to approval City of Cupertino -Ensure that any
by the City for structures or units that would result work with the City of the Master Site Public Works proposed project
in the permitted peak wet weather flow capacity of and Cupertino Department shall does not exceed the
Valko Town Center Specific Plan 58 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for
Agency
Monitoring Responsible for
Mitigation Measure Procedure Implementation Action/Frequency Monitoring
13.8 mgd through the Santa Clara sanitary sewer Sanitary District to Development review and contracted peak
system being exceeded. The Developer may ensure that any Permit coordinate wet weather
demonstrate, to the satisfaction of the City and proposed project does improvement capacity through
CuSD, that the project will not exceed the peak wet not exceed the plans with the Santa Clara
weather flow capacity of the Santa Clara sanitary contracted peak wet Cupertino sanitary sewer
sewer system by implementing one or more of the weather capacity Sanitary District. system/prior to following methods: 1) Reduce inflow and infiltration
in the CuSD system to reduce peak wet weather through the Santa issuance of Master
flows; 2) Increase on-site water reuse, such as Clara sanitary sewer Site Development
increased grey water use, or reduce water system Permit
consumption of the fixtures used within the project,
or other methods that are measurable and reduce
sewer generation rates to acceptable levels, to the
satisfaction of the CuSD; or 3) Revise the prior
agreement between CuSD and the City of Santa Clara
to increase the permitted peak wet weather flow to
provide capacity for any development that would
exceed the capacity of the system. The estimated
sewage generation by the revised project shall be
calculated using the sewer generation rates used by
the San Jose -Santa Clara Water Pollution Control
Plant Specific Use Code & Sewer Coefficient table,
and from the City of Santa Clara Sanitary Sewer
Capacity Assessment, May 2007,4 unless alternative
Valko Town C enter Spe cific Plan 59 City o f Cupe rtino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing Timeframe for Agency Monitoring
Mitigation Measure Procedure Implementation
Responsible for
Action/Frequency Monitoring
(i.e., lower) sewer generation rates achieved by
future development are substantiated by the
developer based on evidence to the satisfaction of the
CuSD.
Vallco Town Center Specific Plan 60 City of Cupertino
In addition to the above mitigation measures, future development implementing the Specific Plan shall also implement the
following as Conditions of Approval and Standard Permit Conditions:
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions I } Procedure Implementation Responsible for
Monitoring
Conditions of A1212roval Project applicant Prior to approval City of Review reports and assess
• Future development under the proposed will provide of Master Site Cupertino-compliance
project (and General Plan Buildout with reports, plans and Development Community
Maximum Residential Alternative and Retail information on Permit Development
and Residential Alternative) that includes compliance. Department -
sensitive receptors (such as residences or Planning
daycare centers) located within the setback
distances identified in Section 3.3 of the Draft
EIR and shown in Figure 3.3-1, Figure 3.3-2,
and Figure 3.3-3 of the Draft EIR from 1-280
and local roadways shall require site-specific
analysis to quantify the level of TAC and PM2 .s
exposure. This analysis shall be conducted
following procedures outlined b y BAAQMD.
If the site-specific analysis reveals significant
exposures, such as cancer risk greater than 10
in one million acute or chronic hazards with a
HI greater than 1.0, or annual PM2.s exposures
greater than 0.3 µg/m:3, or a significant
cumulative health risk in terms of excess
cancer risk greater than 100 in one million,
Vallco Town Center Specific Plan 61 City of Cupe rtino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
acute or chronic hazards with a HI greater
than 10.0, or annual PMz.s exposures greater
than 0.8 µg/m3, additional measures such as
those detailed below shall be implemented to
reduce the risk to below the threshold. If this
is not possible, the sensitive receptors shall be
relocated.
-For significant cancer risk exposure, as
defined by BAAQMD, indoor air filtration
systems shall be installed to effectively
reduce particulate levels to below the
significance threshold. Project sponsors
shall submit performance specifications
and design details to demonstrate that
lifetime residential exposures would result
in less than significant cancer risks (less
than 10 in one million chances or 100 in one
million for cumulative sources), HI, and
PM2.s concentration. To reduce significant
community health risk exposure, future
development shall implement the following
measures:
• Air filtration systems installed at
significantly impacted sensitive receptor
Valko Town Center Specific Plan 62 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
buildings shall be rated MERV-13 or
higher and a maintenance plan for the
air filtration system shall be
implemented.
• Trees and/or vegetation shall be planted "
between sensitive receptors and
pollution sources, if feasible . Trees that
are best suited to trapping particulate
matter shall be planted, including the
following: pine (Pinus nigra var.
maritime), cypress (X Cupressocyparis
leylandii), hybrid poplar (Populus deltoids
X trichocarpa), and redwoods (Sequoia
sempervirens).
• Sites shall be designed to locate sensitive
receptors as far as possible from any
freeways, roadways, diesel generators,
and distribution centers.
• Operable windows, balconies, and
building air intakes shall be located as
far away from TAC sources as feasible.
If future residences are located near a
distribution center, residences shall not
Vallco Town Center Specific Plan 63 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
be located immediately adjacent to a
loading dock or where trucks
concentrate to deliver goods.
• Future development that would include TAC
sources (such as diesel backup generators)
would likely be evaluated through the CEQA
environmental review process or BAAQMD
permit process to ensure they do not cause a
significant health risk in terms of excess cancer
risk greater than 10 in one million, acute or
chronic hazards with a HI greater than 1.0, or
annual PM 2.s exposures greater than 0.3 µg/m3,
or a significant cumulative health risk in terms
of excess cancer risk greater than 100 in one
million, acute or chronic hazards with a HI
greater than 10 .0, or annual PM2.s exposures
greater than 0.8 µg/m3.
• Future development shall pay its fair-share
contribution of $1,679,600.00 towards the City's
share for the cost of constructing the I-
280/W olfe Interchange project.
• Future development shall be visually
compatible (including minimizing noise, traffic,
light, and visual intrusive effects) with adjacent
Vallco Town Center Specific Pl an 64 Ci ty of Cupertin o
Conditions of Approval or Standard Permit · Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
I
J
' Monitoring
residences by including appropriate buffers
such as landscaping, screening, building
transitions, and other privacy measures
between the project site and adjacent residential
land uses.
• Future development shall provide bicycle
enhancements in the vicinity, including
buffered bike lanes on Wolfe along the project
site frontage.
Condition of A1212roval: TMA Formation -The Final TDM City MONITORING PLAN
The Specific Plan would include a Transportation Project applicant program for future Department of
Demand Management (TDM) program, which will submit TMA development shall Public Works -Annual TDM program
shall provide sitewide TDM support services to formation and be prepared to the Transportation monitoring consists of two
coordinate TDM efforts for all users and includes TDM programs satisfaction of the main elements: (1) Summary of
an office-specific trip cap to reduce vehicle trips information. City's Director of Implemented TDM Measures
and vehicle miles of travel. The non-office portion Public Works prior to be provided by the V allco
of the project is not subject to a trip cap. The office TDM Monitoring: to approval of any Specific Plan Area TMA, and
trips cap related to the TDM program of the The TMA would occupancy permits. (2) office driveway counts and
project shall be measured at the peak commute submit an annual TDM Monitoring Report for
hours, when roadways are most congested. report to the City office uses to be prepared by an
to report on TDM independent city-approved
OFFICE TRIP CAP measures transportation
Trip caps for the office uses were developed implemented and planning/engineering firm.
assuming full buildout of the office uses for the assess
Valko Town Center Specific Plan 65 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
revised project. The office trip cap is designed to effectiveness of the Each of these components is
reduce single-occupancy vehicle trips from office TDM program in described below.
uses. Specifically, the office trips caps assume that terms of non-SOV
at a minimum 34 percent of office trips would be mode split for the Summary of Implemented TDM
by non-single-occupancy vehicle (non-SOV) office uses. Measures
modes (i.e., the percentage of employees traveling The TMA (including the office
to the site via walking, bicycling, riding in private TMA, if any) shall submit a
shuttle or public transit vehicles, or ridesharing). report to the City by December
A target of 34 percent non-SOV has been 31 st each year describing the
identified as a reasonable target because it is specific TDM measures that are
considered aggressive but achievable for office being implemented by the
developments in suburban locations greater than TMA and by their members
one-half (Vz) mile from a rail station. While higher (including the office TMA, if
alternative mode share rates have been established any) and the amount of
for a few corporate campuses in the Bay Area, occupied space for each land
such rates have generally been in areas more use (i.e.,
urban than Cupertino with proximity to mass office/ commercial/hotel
rooms/dwelling units). transit facilities.
As the Specific Plan develops, annual trip caps for To assess the effectiveness of
the office uses will be established based building the TDM program in increasing
square footage rate of 1.05 for the AM peak hour non-SOV trips, the TMA
and 1.04 for the PM peak hour. Peak hours are (including the office TMA, if
defined as the time periods on the adjacent streets any) may also be required to
Valko Town Center Specific Plan 66 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for .
' ) Monitoring
with the highest hourly volumes occurring during collect the following data and
the morning and evening commute periods. At provide it in a report to the
full buildout, the office uses in the revised project City:
shall be required to meet the trip caps presented in -Private Shuttle Ridership -
the following table: Counted electronically on
vehicles and visually
AM Peak PM Peak verified at the transit hub
Hour Hour -Public Transit Ridership -
Office Trip 1,830 vehicle 1,820 vehicle Counted at area VT A stops
Caps trips trips -Cycling/Walking Volumes
-Counted via
FORMATION OF TMA bike/pedestrian entrances
to office facilities
The purpose of the Transportation Management -Office Carpool Volumes -
Association (TMA) is to coordinate sitewide TDM Counted at entrances to
measures, collect fees from members to finance office parking facilities
site-wide measures and monitoring activities,
conduct TMA administration activities, and Additional TDM measures may
coordinate with members to add measures as be required by the City if the
needed to meet the office trip caps. TDM measures are not
effective as determined by a
The TMA for the Specific Plan Area shall be regular monitoring program.
established using a legal arrangement approved
by the City. The TMA shall hire a qualified
Valko Town C enter Spe cific Plan 67 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
Transportation Coordinator. The fees paid by Driveway Counts and TDM
each member shall be determined as part of TMA Monitoring Report
formation documentation. All commercial An independent city-approved
property owners and tenants, apartment transportation
management companies, hotel operators, and planning/engineering firm shall
home owners associations shall be required to be be retained by the City to
members, unless an enhanced TDM program collect vehicle counts and
covers all office uses in the Plan Area, in which present the results in a written
case there may be a separate TMA for offices uses. report. Vehicle counts shall be
However, the office TMA is still required to be a conducted at all entrances/exits
member of the sitewide TMA and coordinate to parking facilities for the
activities and monitoring with the sitewide TMA. office space. The numbers of
vehicles entering and exiting
TDM PROGRAM STRUCTURE each location shall be counted
in 15-minute increments from
The TDM program would include the formation 7:00AM to 10:00AM and from
of a TMA to help implement TDM strategies 3:00PM to 7:00PM on a
sitewide and coordinate the office trip cap Tuesday, vVednesday,and
requirements. The TMA shall include a qualified Thursday over a two-week
on-site transportation coordinator that would help period. Counts shall be
implement TDM strategies. TDM strategies that performed between mid-
are highly encouraged include, but are not limited September and mid-November.
to: Counts shall avoid school
holidays, as well as days
Vallco Town Center Specific Plan 68 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
-Maximum parking requirements per the immediately before or after
Specific Plan holidays or long weekends,
-Concierge services for all employees, and shall not be performed on
residents, guests, and patrons, to provide days with inclement weather.
information on transit connections,
opportunities for alternative modes of transit The count data for the
and transportation services. driveways to the office parking
-Free transit passes for residents and retail facilities shall be analyzed
employees using standard traffic
-Ride-share marketing and promotion engineering practice to derive
-Evaluation, identification, and office-generated AM and PM
implementation of bikeshare program for peak hour traffic volumes. The
travel within, to, and from the site results shall be compared to the
-On-site availability of carshare office trip caps.
-Guaranteed ride home programs
Other TDM strategies that could be considered The data collection
include: methodology, raw data, data
-Unbundling parking, analysis procedures, and
-Other a transit incentive programs resulting AM and PM peak
-Safe routes to school support programs, hour vehicle trips for the office
-Transit subsidy for employees, uses shall be written up in a
-Van pool subsidy for employees, report and submitted to the
-Workplace parking pricing, City of Cupertino Department
-Employee parking cash-out, of Public Works.
Valko Town Center Specific Plan 69 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
-Alternative work schedules and telecommute
programs, and. TDM Program Compliance
-Shuttle services for employees If the AM and PM peak hour
vehicle trip generation of the
Additional details about possible TOM measures office uses is less than the office
are included in Table 28 in Appendix H. trip caps (1,830 AM peak hour
trips and 1,820 PM peak hour
trips at full buildout of revised
project), the TDM program is in
compliance and no additional
TDM measures shall be
required. As the Specific Plan
develops, annual trip caps for
the office uses will be
established based building
square footage rate of 1.05 for
the AM peak hour and 1.04 for
the PM peak hour.
Actions ifTDM Program
Compliance is Not Achieved
The City would notify the
Vallco Specific Plan Area TMA
(including the office TMA, if
Valko Town Center Specific Plan 70 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
I Monitoring
any) if the trip caps are
exceeded. The TMA (including
the office TMA, if any) shall be
required to meet with the City
to identify new TDM measures
to be implemented to achieve
the trip caps.
Once the TMA (including the
office TMA, if any) and the
City agree on new TDM
measures, the TMA (including
the office TMA, if any) shall
implement them within 60
days of the notification date,
unless new TDM measures
cannot reasonably be
implemented within 60 days,
then within a later date that
can reasonably be achieved,
acceptable to the City. Follow-
up counts shall be conducted
by an independent City-
approved transportation
Valko Town Cente r Specific Plan 71 City of Cupe rtino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
planning/engineering firm 60
days after the new measures
are implemented to evaluate
the effectiveness of the new
TDM program. If the peak
hour trip caps are still
exceeded, the TMA (including
the office TMA, if any) would
pay a fee of $3 per day per
extra vehicle trip (adjusted
annually starting in 2018 per
the Consumer Price Index for
All Urban Consumers in the
San Francisco-Oakland-San
Jose area) for ninety days. The
funds from these fees shall be
used to provide for City-wide
implementation of TDM
measures and improvement of
bicycle and pedestrian
facilities . Payments of these
penalties are due to the City
within 30 days of issuance of
an invoice with reasonable
Vallco Town Center Specific Plan 72 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
supporting documentation. ·
After ninety days, the TMA
(including the office TMA, if
any) shall be required to meet
with the City to identify
additional City-approved
TDM measures to be added. If
the Plan is still unable to meet
the trip caps during the next
annual monitoring period,
penalties would continue to be
levied, until the peak trip caps
are met.
If the TMA (including the
office TMA, if any) does not
agree to implement the City
approved new TDM measures
after the initial meeting, then
the TMA shall be assessed a $5
per day per extra vehicle trip
penalty (adjusted annually
starting in 2018 per the
Consumer Price Index for All
Valko Town C enter Spe ci fi c Pl an 73 City o f Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
Urban Consumers in the San
Francisco-Oakland-San Jose
area) through the end of the
calendar year. Payments of
these penalties are due to the
City within 30 days of
issuance of an invoice with
reasonable supporting
documentation. The funds
from these penalties shall be
used at the City's discretion.
Monitoring Program Funding
The TMA (including the office
TMA, if any) shall pay the City
for the annual monitoring
costs including City staff time
to review the annual
monitoring reports.
Monitoring Program Duration
Annual monitoring shall be
conducted starting the fall
(mid-September through mid-
Valko Town Center Specific Plan 74 City o f Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
November) after six months of
50 percent occupancy of total
approved buildout and
continuing annually for 10
years. The annual trip caps for
the office uses will be
established based building
square footage rate of 1.05 for
the AM peak hour and 1.04 for
the PM peak hour. The trip
cap will be proportionally
adjusted based on the
occupancy of the site-wide
office use to determine the trip
cap applicable to that
monitoring cycle up to full
occupancy. In no event shall
the trip cap exceed 1,830 AM
peak hour trips and 1,820 PM
peak hour trips. If the
monitoring reveals that the
peak trip counts have not been
exceeded in the last three
years of the first 10 years of
Valko Town Center Specific Plan 75 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
annual monitoring, the TDM
monitoring shall be reduced to
once every two years (i.e., year
12, 14, etc .). However, if any
biennial report reveals that the
peak trip counts have been
exceeded, the monitoring shall
revert to annual monitoring
until such time that the peak
trip counts have not been
exceeded for three consecutive
annual reports.
Conditions of Approval: Project applicant Prior to issuance City of Ensure appropriate measures
• Future development shall reduce the heat will indicate of building Cupertino-are incorporated in
island effect by implementing measures such compliance on permits Department of appropriate plans prior to
as cool surface treatments for parking facilities, plans and indicate Community issuance of permits.
cool roofs, cool paving, and landscaping to on lease Development
provide well-shaded areas. documents and -Building
• Future buildings shall install advanced meter sale documents
infrastructure, commonly referred to as Smart that use of 100
Meters, to allow two-way communication carbon free
between the utility company and the meter in sources of energy
order to more closely manage energy use and is a requirement.
operating cost.
Valko Town Center Specific Plan 76 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
• Future buildings shall install solar photovoltaic
power, where feasible.
• Future buildings with high hot water heating
load shall install solar thermal (i.e., solar water
heaters) to decrease natural gas use.
• Future development shall provide Electric
Vehicle (EV) charging stations, infrastructure
for EV charging, compressed natural gas
charging stations, and/or preferential parking
requirements for alternative-fuel vehicles.
• Future residential development shall pre-wire
units to accommodate future installation of EV
charging or provide EV charging systems.
• Future development shall install water-
efficient fixtures, such as low-flow faucets,
showerheads, and toilets, and water-efficient
landscapes that utilize drought-tolerant plans
and climate-sensitive/water efficient irrigation
sy stems.
• Electricity for future development would be
prov ided b y Silicon Valley Clean Energy
(SVCE) or another provider that sources
electricity from 100 percent carbon free
sources.
Vallco Town Cente r Spe cific Plan 77 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
Condition of Approval: Project applicant Prior to issuance of City of Review and approve plans and
• Future development that generates substantial shall indicate Architectural and Cupertino-reports/Prior to issuance of
food waste and compostable paper (i.e., food compliance on Site Approvals and Public Works Architectural and Site
soiled paper) shall support food waste plans and provide relevant building Department -Approvals and relevant
collection services and/or provide collection required reports permits (including Environmental building permits.
bins for food waste. tenant Services
improvements)
Conditions of Approval: Project applicant Prior to approval of City of Plan and report verification to
• Future development shall incorporate bird safe shall indicate relevant Cupertino-ensure compliance/ prior to
building design measures such as the compliance on Architectural and Community issuance of relevant
following: plans Site Approval Development Architectural and Site
A voiding large, uninterrupted expanses of Permits Department -Approval permits. -
glass near open areas, Planning
-Prohibiting glass skyways and freestanding
glass walls,
-A voiding transparent glass walls coming
together at building corners,
-Prohibiting up-lighting or spotlights,
-Shielding outdoor lights,
-Utilizing fritted, glazed, and/or low
reflective glass.
• Consistent with General Plan Policy LU-6.3,
future development shall provide a plaque,
Valko Town Center Specific Plan 78 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
reader board and/or other educational tools on
the site to explain the historic significance of
the mall. The plaque shall include the city seal,
name of resource (i.e., Valko Shopping
District), date it was built, a written
description, and photograph. The plaque shall
be placed in a location where the public can
view the information.
• Outdoor dining areas and playgrounds shall
demonstrate that appropriate design and noise
attenuation measures including, but not
limited to, setbacks and/or sound walls have
been incorporated to meet the daytime
threshold of 65 dBA and the nighttime
threshold of 55 dB A in the City's Municipal
Code at the existing, adjacent residences.
Biological Resources
Standard Permit Conditions: Project applicant to Prior to issuance of City of Ensure requirements are
• Bird and Nest Safety: incorporate demolition/tree Cupertino-incorporated in appropriate
-Construction and tree removal/pruning requirements on removal permits Community plans prior to issuance of
activities shall be scheduled to avoid the plans and provide and prior to Development permits. Review final report for
nesting season to the extent feasible. If appropriate reports initiation of Department -compliance with mitigation
feasible, tree removal and/or pruning shall demolition/grading/ Planning measure, prior to issuance of
construction grading permit.
Vallco Town Center Specific Plan 79 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
be completed before the start of the nesting activities (including
season to help preclude nesting. The tree removal and
nesting s eason for most birds and raptors pruning)
in the San Francisco Bay area extends from
February 1 through August 31.
-If it is not possible to schedule construction
activities between September 1 and January
31 then a qualified ornithologist shall
conduct a preconstruction survey to
identify active bird nests that may be
disturbed during project construction. This
survey shall be completed no more than
seven days prior to the initiation of
demolition/construction activities
(including tree removal and pruning).
During this survey, the ornithologist shall
inspect all trees and other possible nesting
habitats in and immediately adjacent to the
construction areas for nests.
-If the survey does not identify any nesting
birds that would be affected by
construction activities, no further
mitigation is required. If an active nest is
found sufficiently close to work areas to be
Va lko Town Ce nte r Spe cific Plan 80 C ity of Cupert in o
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
disturbed by these activities, the
ornithologist (in consultation with the
CDFW) shall designate a construction-free
buffer zone (typically 300 feet for raptors ..
and 100 feet for non-raptors) to be
established around the nest to ensure that
no nests of species protected by the MBT A
and California Fish and Game Code will be
disturbed during construction activities.
The buffer shall remain in place until a
qualified ornithologist has determined that
the nest is no longer active.
-A final report on nesting birds and raptors,
including survey methodology, survey
date(s), map of identified active nests (if
any), and protection measures (if required),
shall be submitted to the Planning Manager
and be completed to the satisfaction of the
Community Development Director prior to
the start of grading.
Standard Permit Conditions: Project applicant to Prior to Master Site City of A third party consultant will be
• Protected Trees: submit updated Development Cupertino-hired, at the applicant's
-An updated arborist report shall be arborist report and Permit and relevant Community expense, to ensure that tree
prepared by a certified arborist and provide Architectural and Development protection measures have been
Valko Town Center Specific Plan 81 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
submitted to the City. The updated appropriate tree Site Approval Department -installed and being adhered to
arborist report shall include updated tree replacements Permits Planning through construction.
assessments and tree maintenance and Review reports, ensure
protection measures for trees to be appropriate replacement trees
preserved. The development project shall are being provided, when trees
be required to implement the are removed.
recommendations in the arborist report to
protect trees identified to be preserved.
-Per Municipal Code Chapter 14.18.190,
trees removed shall be replaced as follows:
Trunk Size of Corresponding
Removed Tree Replacement Tree
'
Up to 12 inches One 24-inch box tree
Over 12 inches
and up to 18 Two 24-inch box trees
inches
Over 18 inches Two 24-inch box trees and up to 36 or one 36-inch box tree inches
Over 36 inches One 36-inch box tree
Heritage Tree One 48-inch box tree of any size
Valko Town Center Specific Plan 82 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions . Procedure Implementation Responsible for
·' Monitoring
The species and location of the replacement
trees and monitoring of replanting success
shall be approved by the City of Cupertino
Arborist and Community Development
Director, in conformance with the City's
Protected Tree Ordinance requirements.
If a replacement tree for the removal of a
non-heritage tree or tree with trunk size
equal to or less than 36-inches cannot be
reasonably planted on the project site, an
in-lieu tree replacement fee shall be paid to
the City's tree fund to add or replace trees
on public property in the vicinity of the
Specific Plan area or add trees or
landscaping on City property.
Hydrology and Water Quality
Standard Permit Conditions: Project applicant to Prior to issuance of City of Review and approve SWPP,
During Construction prepare a SWPP, grading and Cupertino-BMPs and plants.
• The revised project shall comply with the identify BMPs and building permits Public Works Conduct annual monitoring as
NPDES General Construction Activity Storm pest resistant Department -required by the City's C.3
Water Permit administered by the Regional planting to be Engineering permit.
Water Quality Control Board. Prior to incorporated in the and
construction grading the applicant shall file a project. Identify
Valko Town Center Specific Plan 83 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
Notice of Intent (NOI) and receive a Waste annual monitoring Environmental
Discharger Identification (WDID) number to of BMPs. Services
comply with the General Permit and prepare a
Storm Water Pollution Prevention Plan that
includes storm water quality best management
practices (BMPs). The Storm Water
Management Plan shall detail how runoff and
associated water quality impacts resulting
from the revised project will be controlled
and/or managed. The Plan shall be submitted
to the Director of Public Works for review and
approval. The specific BMPs to be used in each
phase of development shall be determined
based on design and site-specific
considerations and shall be determined prior
to issuance of building and grading permits.
Post-Construction
• The revised project shall comply with
Provision C.3 of the MRP NPDES permit,
which provides enhanced performance
standards for the management of storm water
for new development. Prior to issuance of
building and grading permits, each phase of
Valko Town Center Specific Plan 84 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
' Monitoring
development shall include provisions for post-
construction storm water controls in the project
design in compliance with the MRP Provision
C.3 requirements, and shall include source
control and on-site treatment control BMPs for
reducing contamination in stormwater runoff
as permanent features of the project. The
revised project shall include a stormwater
management plan that incorporates Low
Impact Development (LID) measures such as
bioretention areas, porous concrete, infiltration
facilities, and water harvesting devices to
reduce the pollutant loads and volumes of
stormwater runoff from the site. The
stormwater management plan shall be
consistent with the landscaping plan and trees
to be preserved.
• To protect groundwater from pollutant loading
of urban runoff, BMPs that are primarily
infiltration devices (such as infiltration
trenches and infiltration basins) must meet, at
a minimum, the following conditions:
Valko Town Center Specific Plan 85 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
-Pollution prevention and source control
BMPs shall be implemented to protect
groundwater;
-Use of infiltration BMPs cannot cause or
contribute to degradation of groundwater;
-Infiltration BMPs must be adequately
maintained;
-Vertical distance from the base of any
infiltration device to the seasonal high
groundwater mark must be at least 10 feet.
In areas of highly porous soils and/or high
groundwater table, BMPs shall be subject to
a higher level of analysis ( considering
potential for pollutants such as on-site
chemical use, level of pretreatment, similar
factors); and
-Infiltration devices shall be located a
minimum of 100 feet horizontally from any
water supply wells.
-Class V injection wells are not permitted.
• BMPs shall be selected and designed to the
satisfaction of the Director of Public Works in
accordance with the requirements contained in
Valko Town Center Specific Plan 86 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for '
Monitoring
the most recent versions of the following
documents:
-City of Cupertino Post-Construction BMP
Section Matrix;
-SCVURPPP "Guidance for Implementing
Storm water Regulations for New and
Redevelopment Projects;"
-NPDES Municipal Storm water Discharge
Permit issued to the City of Cupertino by
the California Regional Water Quality
Control Board, San Francisco Bay Region;
-California BMP Handbooks;
-Bay Area Stormwater Management
A g encies Association (BASMAA) "Start at
the Source" Design Guidance Manual;
-BASMAA "Using Site Design Standards to
M eet Development Standards for Storm
water Quality -A Companion Document
to Start at the Source;" and
-City of Cupertino Planning Procedures
Performance Standard.
• To maintain effectiveness, all storm water
treatment facilities shall include long-term
maintenance programs.
Vallco Town Center Spe cific Plan 87 C ity of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
• The applicant, project arborist, and landscape
architect, shall work with the City and the
SCVURPPP to select pest resistant plants to
minimize pesticide use, as appropriate, and the
plant selection will be reflected in the
landscape plans.
-., . . ---~~· .. -
Noise and Vibration
Standard Permit Conditions: Project applicant to Prior to issuance of City of Ensure appropriate conditions
• An acoustical study shall be completed during provide acoustical relevant Cupertino-of approval are incorporated
the application process when project-specific study and Architectural and Community per the recommendations of
information, such as building elevations, incorporate noise Site Approval Development the acoustical report and
layouts, floor plans, and position of buildings attenuating Permits Department -ensure incorporation of the
on the site, is known. The study shall measures into Planning measures in building
determine compliance with the noise and land plans. plans/Prior to issuance of
use compatibility standards, identify potential Architectural and Site
noise impacts, and propose site-specific Approval Permits and building
measures to reduce exposure to exterior and permits.
interior noise levels that exceed maximum
permissible levels.
• To reduce exterior noise levels to meet the
normally acceptable thresholds of 65 dBA
CNEL at multi-family residences or 70 dBA
CNEL at commercial uses, locate noise-
sensitive outdoor use areas away from major
Valko Town Center Specific Plan 88 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions
'
Procedure Implementation Responsible for
' . Monitoring
roadways or other significant sources of noise
when developing site plans. Shield noise-
sensitive spaces with buildings or other
methods to reduce exterior noise levels. The
final detailed design of these measures shall be
completed at the time that the final site and
grading plans are submitted.
• The following shall be implemented to reduce
interior noise levels to meet the normally
acceptable thresholds of 45 dBA CNEL at
multi-family residences or 50 dBA Leq(l-hr) at
commercial uses during hours of operations:
-If future exterior noise levels at residential
building facades are between 60 and 65
dBA CNEL, incorporate adequate forced-
air mechanical ventilation to reduce interior
noise levels to acceptable levels by closing
the windows to control noise.
-If future exterior noise levels at residential
building facades exceed 65 dBA CNEL,
forced-air mechanical ventilation systems
and sound-rated construction methods are
normally required. Such methods or
materials may include a combination of
Valko Town Center Specific Plan 89 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
smaller window and door sizes as a
percentage of the total building fat;ade
facing the noise source, sound-rated
windows and doors, sound-rated exterior
wall assemblies, and mechanical ventilation
so windows may be kept closed at the
occupant's discretion.
-If the 50 dBA Leq(l-hr) threshold would
not be met, other site-specific measures,
such as increasing setbacks of the buildings
from the adjacent roadways, or using
shielding by other buildings to reduce
noise levels, implementing additional
sound treatments to the building design,
etc. shall be considered to reduce interior
noise levels to meet the Cal Green Code
threshold.
Public Services and Recreation
Standard Permit Condition: Future development Project applicant to Prior to approval of City of Review plans for compliance
under the revised project shall dedicate land indicate the Master Site Cupertino-with Vallco Town Center
through compliance with Municipal Code Chapter compliance with Development Public Works Specific Plan
13.08 and Title 18, which help ensure the the Open Space Permit Department -
provision of parklands in compliance with the requirements of the Engineering
Vallco Town and
Valko Town Center Specific Plan 90 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
j Monitoring
City standard of a minimum of three acres per Center Specific Community
1,000 residents. Plan Development
Department -
Planning
Transportation 11
Conditions of A1212roval: Project applicant to Prior to approval of City of A third party consultant will be
• To ensure neighborhood cut-through traffic provide the Master Site Cupertino -hired to monitor neighborhood
and parking intrusion are minimized, future , appropriate funds Development Public Works parking and traffic, if it is
development under the revised project shall to be held by the Permit Department -deemed to be an issue by the
fund neighborhood cut-through traffic City until such Engineering Director of Public Works. The
monitoring studies and provide fees in the time as a project is and neighborhood parking and initiated. Transportation amount of $500,000 to the City of Cupertino, traffic monitoring program
$150,000 to the City of Santa Clara, and shall include the following
$250,000 to the City of Sunnyvale to monitor components: (1) identifying the
and implement traffic calming improvements monitoring areas (roadways
and a residential parking permit program to where the monitoring would
minimize neighborhood cut-through traffic occur), (2) setting baseline
and parking intrusion, if determined to be conditions, such as, number of
needed by the respective City's Public Works parked vehicles and traffic
Department. The details of the neighborhood volumes on the roadways, (3)
parking and traffic intrusion monitoring determining thresholds
program shall be determined when the requiring action, (4)
conditions of approval for project development establishing the monitoring
are established. The monitoring program shall schedule, and (5) creating
Vallco Town Center Specific Plan 91 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
include the following components: (1) reporting protocols. The
identifying the monitoring areas (roadways baseline conditions shall be
where the monitoring would occur), (2) setting established prior to but within
baseline conditions, such as, number of parked one year of initial occupancy.
vehicles and traffic volumes on the roadways, Monitoring shall then occur
(3) determining thresholds requiring action, ( 4) annually for five years.
establishing the monitoring schedule, and (5)
creating reporting protocols. The baseline
conditions shall be established prior to but
within one year of initial occupancy.
Monitoring shall then occur annually for five
years.
• For left-tum storage deficiencies at
Intersections #11 (De Anza Boulevard/Stevens
Creek Boulevard), #31 (Wolfe RoadNallco
Parkway), #41 (Tantau A venueN allco
Parkway), #42 (Stevens Creek
Boulevard/Tantau Avenue), contribute one
payment of $100,000 to citywide ITS
improvements (such as adoptive signal control,
advanced signal loop detectors or video image
detectors) to improve signal operations and
queuing.
Valko Town Ce nter Specific Plan 92 City of Cupe rtino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
" Monitoring
• Intersection #53 -Lawrence Expressway /
Bollinger Road: Coordinate with the County of
Santa Clara and pay fair share contribution of
$450,000 to reduce the median width on the
northbound approach of Lawrence
Expressway to provide for approximately 325
feet of additional capacity.
• Intersection #56 -Lawrence Expressway /
Saratoga A venue: Coordinate with the County
of Santa Clara and pay fair share contribution
of $425,000 needed to reduce the median width
on the eastbound approach of Saratoga
A venue to maximize the left-tum queuing
capacity.
• Consistent with VT A Guidelines, the project Project applicant Prior to issuance of City of Coordinate with applicant and
proponent shall coordinate with the City and shall coordinate Master Site Cupertino-VT A to identify feasible transit
VTA to identify feasible transit priority with the City and Development Department of priority measures near affected
measures near the affected facility and include VTAand Permit Public Works -facility that improve transit
contributions to any applicable projects that contribute to any Transportation speed and reliability
improve transit speed and reliability. applicable projects
that improve
transit speed and
reliability
• Intersection #21 -Stevens Creek Boulevard / Project applicant Prior to entering City of Review and approve plans to
Perimeter Road: Reconfigure the median on shall provide into a street Cupertino-ensure compliance/ Prior to
Valko Town Center Specific Plan 93 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
Stevens Creek Boulevard to reduce the engineering plans improvement Department of issuance of street improvement
westbound left-turn lane to Portal A venue to to ensure agreement, Public Works -plans.
accommodate an additional 80 feet of capacity construction of including bonds or Engineering
for the eastbound left tum from Stevens Creek these other surety to and
Boulevard to Perimeter Road. improvements guarantee the Transportation
• Intersection #31-Wolfe Road/ Vallco improvements, the
Parkway: Reconfigure the median on Valko project applicant
shall have plans
Parkway between Wolfe Road and Perimeter approved by the
Road to provide a continuous median with a City.
325-foot westbound left-tum lane at Wolfe
Road and a 220-foot eastbound left-tum lane at
Perimeter Road.
• Intersection #32 -Wolfe Road-Miller Avenue/
Stevens Creek Boulevard: Extend the inner
eastbound left-tum lane from Stevens Creek
Boulevard to Wolfe Road to the same length as
the outer left-turn lane to provide
approximately 260 feet of additional capacity.
Vallco Town Center Specific Plan 94 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
.i Monitoring
Standard Permit Conditions: Project applicant Prior to issuance of City of Ensure requirements are
• Construction truck access to the site shall be shall incorporate demolition, grading Cupertino-incorporated in the approved
prohibited during peak commute times (7:00 these requirements and building Community plans.
AM to 9:00 AM and 4:00 PM to 7:00 PM) and into the permits Development
conform the City's Municipal Code Construction Department -
requirements. Management Plan Building,
and demolition, Planning and
grading and Public Works
building permits. Department -
Project applicant Engineering
shall indicate how
compliance will be
achieved -options
include via
signage, notices
and construction
agreements.
• Future development under the revised project Project applicant Prior to entering City of Review and approve plans to
shall be subject to City development review to shall provide into a street Cupertino-ensure compliance/ Prior to
ensure that minimum design standards are engineering plans improvement Department of issuance of street improvement
met, including adequate sight distance and to ensure · agreement, Public Works -plans.
configurations (including adequate width and construction of including bonds or Engineering
tum radii for continuous unimpeded these other surety to and
circulation through the site for passenger improvements guarantee the Transportation
vehicles, emergency vehicles, and large trucks). improvements, the
project applicant
Valko Town Center Specific Plan 95 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency
Conditions Procedure Implementation Responsible for
Monitoring
The final design of roadways, driveways, and shall have plans
access points shall be approved by the City. approved by the
Citv.
Sources:
City of Cupertino. Draft Environmental Impact Report Vallco Special Area Specific Plan. May 2018
Environmental Impact Report Amendment Vallco Special Area Specific Plan. July 2018 .
---. Final Environmental Impact Report Vallco Special Area Specific Plan. August 2018.
Valko Town Center Specific Plan 96
Monitoring Action/Frequency
City of Cupertino