PC Reso 6860RESOLUTION NO. 6860
OF THE PLANNING COMMISSION QF THE CITY OF CUPERTINO
RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT
FOR THE VALLCO SPECIAL AREA SPECIFIC PLAN PROJECT, ADOPTION OF
FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS,
MITIGATION MEASURES, AND A MITIGATION MONITORING AND 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: ENVIRONMENTAL 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 Vallco 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 Malleo 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. 6860 EA -2017-05 September 4, 2018
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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. 6860 EA -2017-05 September 4, 2018
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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; herefore,
recirculation of EIR pursuant CEQA Guidelines Section 15088.5 is not required; and
WHEREAT 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 2018 Supplemental
Text Revisions to the Vallco 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)(1) and CEQA
Guidelines Section 15088(a), responses have been provided to the Planning Commission
in a late comments memo dated September 4, 2018 as a desk item; 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 that the City Council certify
the EIR; 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 Planning
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
Resolution No. 6860 EA -2017-05 September 4, 2018
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pertinent documents, and all written and oral statements received by the Planning
Commission at or prior to the public hearing.
NOW, THEREFORE, BE IT RESOLVED:
That the Planning Commission recommends that the City Council:
1. Certify 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. Find that no recirculation of the EIR is required.
3. Adopt 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 as recommended by the Planning
Commission on September 4, 2018 for approval by the City Council (-'Recommended
Project"); .
4. Adopt and incorporate into the Recommended Project all of the mitigation measures,
conditions of approval and standard permit conditions; for the Recommended Project
that are within the responsibility and jurisdiction of the City that are identified in the
Findings.
5. Adopt the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit
EA -2 and incorporated herein, for the Recommended Project.
PASSED AND ADOPTED this 411, day of September, 2018, Special Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Paulsen, Vice Chair Takahashi, Sun, Liu, Fung
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Z"-4 a 4,,—
Aarti Shrivastava .
Assistant City Manager
EXHIBIT EA -1
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS AND STATEMENT
OF OVERRIDING CONSIDERATIONS FOR THE VALLCO 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').' 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 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
for a 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 Vallco Town Center Specific Plan (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.
H. PROJECT DESCRIPTION
The City undertook a community-based planning process to develop a Specific Plan for
the Vallco 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 Vallco
Parkway and Interstate 280 (I-280) on the east side of North Wolfe Road and between
Stevens Creek Boulevard and Vallco 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 Vallco Parkway
and to the west of North Wolfe Road), the Neighborhood Mixed-use District (generally,
the areas to the north of Vallco Parkway and to the west of North Wolfe Road) and the
Office Mixed-use District (located north of Vallco 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 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, 35,000 square feet of civic space (including 10,000 square
foot of governmental use and 25,000 square feet of education space), and a 30 -acre green
roof. 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)
3 A 148 -room Hyatt House Hotel is currently under construction.
4 See Footnote 2, above.
lab, as well as roof gardens or green roofs. The roof could include outdoor use areas
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 120 feet, with taller
buildings anticipated to be located closer to North Wolfe Road, on the west side of
North Wolfe Road and between 90 feet and 150 feet, with the taller buildings
anticipated to be located away from North Wolfe Road and Vallco 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
s 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 -1 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 Vallco 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 Vallco 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 help 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 Vallco 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 Avenue.
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 commented on the
NOP, 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 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 UNAVOIDABLE 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)(1). 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 (PMio) and fine particulate matter (PM2.5) 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 PM2.5 emissions.
Off-road construction equipment is often diesel -powered and can be a substantial
source of nitrogen oxide (NO.) emissions, in addition to PM10 and PM2.5 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 NO. emissions during construction. Emissions of ROG, PM10
exhaust, and PM2.5 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 piles, graded areas, 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, andlor 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, andlor 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 CARB 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 NO., emissions that meet the NOt 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 (EMFAC 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, PMio, and PM2.5) 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, NO., PM1o, and/or
PM2.5) 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, PM1o, and PM2.5) 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 Lm. at 50 feet, which would equate to 111 dBA Lm. 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 Uq 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.
io 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 NOI-1.2: Future development shall prepare and submit a construction noise control plan
to the City's Building Department and Code Enforcement for review and approval. The on-site
Construction Manager shall implement the construction noise control plan, which would
include, but is not limited to, the following available controls:
• Construct temporary noise barriers, where feasible, to screen stationary noise -generating
equipment. Temporary noise barrier fences would provide a five dBA noise reduction if the
noise barrier interrupts the line -of -sight between the noise source and receptor and if the
barrier 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 N0I-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, such 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 N0I-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 N0I-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 NOI-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 Leq at nearby
residences or exceeded 70 dBA Leq at nearby commercial land uses and exceeded the
ambient noise environment by five dBA Leq 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 Leq, 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-
turn/through 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 VTA's VTP 2040 identifies several freeway projects that are relevant to the identified
freeway segment impacts, including:
• VTP ID H1: 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
agreement11 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 H11: 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.
I i 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. 115CV281214), 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 Vallco 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 Avenue (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/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 provide for 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/Tantau Avenue: Provide a
northbound left -turn lane (for a total of one left -turn 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: Intersection 48, Lawrence 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 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# X10). 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# X10). 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#
X10.
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
PM2.5 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 PM2.5 concentration, which is based on combined exhaust
and fugitive dust emission, is 0.25 micrograms per cubic meter (µg/m3) 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 under the revised project shall implement mitigation measure
MM AQ -2.1 to reduce on-site diesel exhaust emissions, which would thereby reduce the
maximum 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 andlor 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 andlor 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 N0I-2. The revised project would not expose persons to or
generate excessive groundborne 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 N0I-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, 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):
• 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 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 2007,1-1 unless alternative (i.e., lower)
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.
sewer generation rates achieved by future development are substantiated by the developer 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)(1).
"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 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)(1). 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.
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: Implement 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 NOI-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 T4) 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 Road/Vallco 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 Avenue (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/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;
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 Avenue -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 BoulevardlSR 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 RoadlFremont 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 RoadlEl
Camino Real, Wolfe RoadlFremont 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 RoadlHomestead 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 BoulevardlTantau 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
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.
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 AvenuelHomestead Road: Restripe the southbound
approach (Quail Avenue) to provide a separate left -turn lane and shared throughlright-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 BoulevardlStelling 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 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 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
MTCO2e/year/service population, which exceeds the significance threshold of 2.6
MTCO2e/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 MTCO2e/year/service
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 IMPACTS
An EIR is required to discuss growth inducing impacts, which consist of the ways in
which the project could foster economic or population growth, or the construction of
additional housing, either directly or indirectly, in the surrounding environment. 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 Vallco 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 Vallco Specific Plan.
For the foregoing reasons, the previous project is hereby rejected.
C. General Plan 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
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.
14 Economic & Planning Systems, Inc. Vallco Special Area Real Estate Market Assessment.
March 6, 2018. Pages 2-3.
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 NO., 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 GHG
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 Vallco 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 Vallco 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. It does 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 and EIR Amendment. Similarly, the revised
project would not result in new or substantially more severed significant impacts than
disclosed previously in the Draft EIR and EIR Amendment. The Supplemental Text
Revisions memo makes additional clarifications, amplification and insignificant
modifications to the EIR, including minor corrections to the text. 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
Vallco Town Center Specific Plan
CITY OF CUPERTINO
August 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
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
Air Quality
Project applicant shall
During Demolition,
City of Cupertino -
Construction
MM AQ -2.1: Future development under the revised
prepare a comprehensive
Grading and
Public Works
Management Plan
project shall implement the following BAAQMD-
Construction
Construction
Department and
Review and Approval
recommended measures to control dust, particulate matter,
Management Plan to
Environmental
and review of
and diesel exhaust emissions during construction:
ensure that the air
Services and
monthly reports
pollution control
Community
submitted/Prior to
Basic Measures
measures identified in
Development
issuance of grading,
Mitigation Measure AQ-
Department -
building, or
1. All exposed surfaces (e.g., parking areas, staging
2.1 are incorporated into
Building
occupancy permits,
areas, soil piles, graded areas, and unpaved access
the construction plans
periodic reporting as
roads) shall be watered two times per day.
for the project and
required and periodic
2. All haul trucks transporting soil, sand, or other loose
implemented at the
inspections during
material off-site shall be covered.
project site. The project
scheduled
3. All visible mud or dirt track -out onto adjacent public
applicant will submit
construction site
roads shall be removed using wet power vacuum
periodic audit reports
inspections by
street sweepers at least once per day. The use of dry
prepared by the
building and Public
power sweeping is prohibited.
construction manager.
Works Inspectors.
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.
Vallco Town Center Specific Plan 2 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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.
Vallco Town Center Specific Plan 3 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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).
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
Vallco Town Center Specific Plan 4 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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 NO,, 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 CARB Level 3 verifiable
diesel emission control devices that altogether
achieve an 85 percent reduction in particulate matter
exhaust.
Exhaust Control Measures
• 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 queuing areas and at the
Vallco Town Center Specific Plan 5 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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
(EMFAC 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
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.
Vallco Town Center Specific Plan 6 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Mitigation Measure
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.
MM AQ -4.1: Implement MM AQ -3.1.
MM AQ -6.1: Implement MM AQ -2.1.
MM AQ -7.1: Future development under the revised
project shall implement mitigation measure MM AQ -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.
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.
Implementing
Procedure
Project applicant shall
indicate compliance
with AQ -3 on all
construction plans prior
to issuance of building
permits.
Same as MM AQ -3.1.
Same as MM AQ -2.1
Same as MM AQ -2.1
Same as MM AQ -3.1
Timeframe for
Implementation
During Construction
Same as MM AQ -
3.1.
Same as MM AQ -
2.1
Same as MM AQ -
2.1
Same as MM AQ -
3.1
Cultural Resources
Project applicant shall During Demolition,
provide a report prior to Grading and
final demolition Construction
inspection for each
phase of demolition to
indicate compliance
with MM CR -2.1. If
indicators are found, a
plan must be prepared
and submitted to the
City pursuant to MM
CR -2.1.
Agency
Responsible for
Monitoring
City of Cupertino
Community
Development
Department —
Planning and
Building
Same as MM AQ -
3.1.
Same as MM AQ -
2.1
Same as MM AQ -
2.1
Same as MM AQ -
3.1
Consulting
Archaeologist and
City of Cupertino
Community
Development
Department —
Planning and
Building
Monitoring
Action/Frequency
Plan Review and
Approval/Prior to
issuance of building,
permits
Same as MM AQ -
3.1.
Same as MM AQ -2.1
Same as MM AQ -2.1
Same as MM AQ -3.1
Report and Plan
Review and
Approval/Prior to
demolition final
inspection and if
resources unearthed,
as needed
Vallco Town Center Specific Plan 7 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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
Project applicant to
During demolition,
Santa Clara County
Ensure proper
and Safety Code and Section 5097.94 of the Public
ensure that excavation
grading and
Coroner/NAHC/City
internment of
Resources Code of the State of California, in the event of
or disturbance of the site
construction
of Cupertino —
remains/if and when
the discovery of human remains during construction of the
within 100 -feet of any
Community
remains are found.
revised project, there shall be no further excavation or
remains found. Notify
Development
disturbance of the site within a 100 -foot radius of the
SCC Coroner.
Department —
remains or any nearby area reasonably suspected to overlie
Building
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
Vallco Town Center Specific Plan 8 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Mitigation Measure
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 disposition/curation 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.
Implementing
Procedure
Project applicant to
retain a project
archaeologist in the
event cultural materials
are found and ensure
that a report including
items included in MM
CR -2.3 is prepared.
Project applicant to
ensure that appropriate
measures are
incorporated into the
Construction
Management Plan to
address this
MM CR -4.1: Implement MM CR -2.1 through MM CR- Same as MM CR -2.1
2.4. through MM CR -2.4
Timeframe for
Implementation
During demolition,
grading and
construction
During demolition,
grading and
construction
Same as MM CR -
2.1 through MM
CR -2.4
Agency
Responsible for
Monitoring
City of Cupertino
Community
Development
Department —
Planning
City of Cupertino —
Community
Development
Department -
Planning
Same as MM CR -
2.1 through MM
CR -2.4
Monitoring
Action/Frequency
Review and approve
report/ if and when
cultural material is
found.
Coordinate with
Native American
tribal representatives
and ensure measures
incorporated into
Construction
Management Plan
Same as MM CR -2.1
through MM CR -2.4
Vallco Town Center Specific Plan 9 City of Cupertino
Greenhouse Gas Emissions
MM GHG-1.1: Under the revised project, the
Project applicant shall
During Construction
City of Cupertino
Prior to issuance of
project proponent shall prepare and implement a GHG
prepare and submit a
and Operation
Community —
building and/or
Reduction Plan to offset the revised project -related
GHG Reduction Plan for
Environmental
occupancy permits,
incremental increase of greenhouse gas emissions resulting
review and approval.
Services and
as applicable.
Vallco Town Center Specific Plan 9 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
in the exceedance of the significance threshold of 2.6
Sustainability; A
Annually by
MTCOae/year/service population. Refinement of the
source approved by
December 31 st in
estimated GHG emissions from the revised project shall be
CARB or
conjunction with
completed as part of the GHG Reduction Plan in order to
BAAQMD for
TDM monitoring
reflect the most current and accurate data available
verification of
report.
regarding the project's estimated emissions (including
carbon offsets.
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.
Vallco Town Center Specific Plan 10 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
Hazards and Hazardous Materials
MM HAZ-1.1: A Site Management Plan (SMP) and
Project applicant shall
Prior to demolition,
. (SCCDEH) -SMP
SCCDEH to approve
Health and Safety Plan (HSP) shall be prepared and
prepare and submit a
grading and/or
and HSP
SMP and HSP /Prior
implemented for demolition and redevelopment activities
SMP and HSP to the
construction.
. (SCCFD) -
to issuance and
under the revised project. The purpose of the SMP and
Santa Clara County
Verification of
grading, demolition,
HSP is to establish appropriate management practices for
Department of
implementation of
or building permits
handling impacted soil, soil vapor, and groundwater or
Environmental Health
approved SMP and
and prior to final
other materials that may potentially be encountered during
(SCCDEH) for review
gsp
occupancy.
construction activities, especially in areas of former
hazardous materials storage and use, and the profiling of
and approval. The
soil planned for off-site disposal and/or reuse on-site. The
approved SMP and HSP
SMP shall document former and suspect UST locations,
shall be submitted to the
hazardous materials transfer lines, oil -water separators,
City of Cupertino
neutralization chambers, and hydraulic lifts, etc. The SMP
Community
shall also identify the protocols for accepting imported fill
Development
materials, if needed. The SMP and HSP shall be
Department — Building
submitted to SCCDEH for approval and the approved
for implementation by
SMP and HSP shall be submitted to the City Building
the Santa Clara County
Division prior to commencement of construction
Fire District.
(including demolition) activities.
MM HAZ-1.2: The site contains equipment and
Project Applicant to
During demolition
Santa Clara County
SCCDEH and
facilities associated with past activities that are known to
indicate the specific
Department of
SCCFD to ensure
or may contain residual hazardous materials. The
items identified in
Environmental
removal of all
following measures shall be implemented under the
demolition plans and
Health, Santa Clara
identified equipment.
revised project during building demolition and shall be
coordinate removal of
County Fire District
Reports to indicate
indicated on demolition plans:
theP�p i es USTs etc.
compliance to be
• Sears and JC Penney Automotive Centers:
submitted to the City
of Cupertino Building
— Sears: Remnant piping that appears to have
n to
Department/ prior
n
formerly distributed grease, oil and transmission
issuance grading
fluid from storage locations to the service bays
permits
located along interior building walls, ceilings and
within the basement shall be properly removed and
Vallco Town Center Specific Plan 11 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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.
Vallco Town Center Specific Plan 12 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
— 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
Vallco Town Center Specific Plan 13 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
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
Project applicant to
During demolition
Santa Clara Valley
Review and approve
grading permits, groundwater monitoring wells shall be
coordinate with
and grading
Water District/City
removal of
properly destroyed in accordance with the SCVWD
SCVWD on
of Cupertino —
groundwater
Ordinance 90-1.
groundwater monitoring
Public Works and/or
monitoring
well removal
Building
wells/prior to
Department
issuance of
demolition and
grading permits,
clearance must be
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
Vallco 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
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 for
Project applicant to
During demolition
SCCDEH and
Review and approve
occupants that use and/or store hazardous materials, the
submit a closure plan
and/or grading as
SCCFD/City of
closure plan/accept
SCCFD and SCCDEH typically require that a closure plan
appropriate
Cupertino —
final approved
be submitted by the occupant that describes required
Community
closure plan and
closure activities, such as removal of remaining hazardous
Development —
ensure
materials, cleaning of hazardous material handling
Building
implementation
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 -1.4.
Same as MM HAZ-1.1
Same as MM HAZ-
Same as MM HAZ-
Same as MM HAZ-
through MM HAZ 1.4
1.1 through MM
1.1 through MM
1.1 through MM
HAZ 1.4
HAZ 1.4
HAZ 1.4
Noise and Vibration
Vallco Town Center Specific Plan 15 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
MM NOI-1.1: Construction activities under the revised
Project applicant shall
During demolition,
Cupertino
Review and approve
project shall be conducted in accordance with provisions
prepare a comprehensive
grading and/or
Community
construction
of the City's Municipal Code which limit temporary
Construction
construction
Development
management plan and
construction work to daytime hours,' Monday through
Management Plan to
Department —
ensure
Friday. Certain types of construction are prohibited on
ensure compliance with
Building and
implementation of the
weekends and all holidays pursuant to Municipal Code
Sections 10.48.053(B), (C) and (D). Further, the City
MM NOI-1.1. Notes
Cupertino — Public
construction
requires that all equipment have high-quality noise
shall be included on all
Works Department
management
mufflers and abatement devices installed and are in good
construction documents
plan/Prior to issuance
condition. Additionally, the construction crew shall adhere
to ensure adherence to
of demolition,
to the following construction best management practices
noise limitations.
grading, building
listed in MM NOI-1.2 below to reduce construction noise
permit and
levels emanating from the site and minimize disruption
periodically during
and annoyance at existing noise -sensitive receptors in the
project construction
project vicinity.
activities
MM NOI-1.2: Future development shall prepare and
Project applicant shall
During demolition,
Cupertino
Review and approve
submit a construction noise control plan to the City's
prepare a comprehensive
grading and/or
Community
construction
Building Department and Code Enforcement for review
Construction
construction
Development
management plan and
and approval. The on-site Construction Manager shall
Management Plan to
Department —
ensure
implement the construction noise control plan, which
ensure compliance with
Building and
implementation of the
would include, but not be limited to, the following
MM N0I-1.2. Notes
Planning and
construction
available controls:
shall be included on all
Cupertino — Public
management
construction documents
Works Department
plan/Prior to issuance
to ensure adherence to
of demolition,
noise limitations.
grading, building
permit and
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 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.
Vallco Town Center Specific Plan 16 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
• Construct temporary noise barriers, where feasible, to
periodically during
screen stationary noise -generating equipment.
project construction
Temporary noise barrier fences would provide a five
activities
dBA noise reduction if the noise barrier interrupts the
line -of -sight between the noise source and receptor and
if the barrier 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.
Vallco Town Center Specific Plan 17 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
• 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.
Vallco Town Center Specific Plan 18 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
• 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
Project applicant to
During construction
City of Cupertino —
Review report and
retained for development under the revised project to
submit reports prior to
Community
approve building
review mechanical noise, as these systems are selected, to
installation of
Development
permits/prior to
determine specific noise reduction measures necessary to
mechanical systems to
Department —
issuance of building
ensure noise complies with the City's noise level
ensure compliance
Planning
permits for
requirements. Mechanical equipment shall be selected and
mechanical
designed to reduce impacts on surrounding uses to meet
the City's noise level requirements. Noise reduction
equipment.
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 the nearest receptors;
• Locating equipment in less noise -sensitive areas, where
feasible.
Vallco Town Center Specific Plan 19 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
MM NOI-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 between
include appropriate
review, construction
Community
compliance/prior to
6:00 PM and 9:00 AM on weekends and holidays, which
measures on plans prior
and operation
Development
approval of planning
shall be enforced as part of the revised project.
to issuance of Master
Department —
entitlements and/or
Additionally, the effect of loading zone activities would be
Site Development
Planning and
building permits as
evaluated for noise impacts and help determine design
permit, Architectural
Recreation and
appropriate
decisions once project -specific information for the revised
and Site Approvals
Community Services
project, such as type and size of the commercial uses,
hours of operation, frequency of deliveries, and location of
and/or building permits
Department - Code
loading zones, is available. Noise reduction measures
as appropriate. Project
Enforcement
could include, but are not limited to, the following:
applicant to ensure
• Move loading zones inside (e.g., within parking
appropriate signage is
structures), where possible, and as far from adjacent
included on site and that
residential uses as possible.
site design is sensitive to
• Implement a no idling policy at all locations that
ensure 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, a
Project applicant to
During project
City of Cupertino
Review plans for
noise study shall be completed to determine noise levels
provide acoustical report
review, construction
Community
compliance/prior to
due to truck deliveries at the proposed buildings, and the
if regular truck
and operation
Development
approval of building
specific noise control that shall be implemented to reduce
deliveries and loading is
Department —
permits
noise levels below the City's thresholds at adjacent
expecting adjacent to the
Planning and
residential property lines shall be identified.
residential property lines
Recreation and
prior to issuance of
Community Services
building permits
Department — Code
Enforcement
Vallco Town Center Specific Plan 20 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
MM NOI-2.1: Where vibration levels due to construction
Project applicant shall
During demolition,
Cupertino
Review and approve
activities under the revised project would exceed 0.3 in/sec
prepare a comprehensive
grading and/or
Community
construction
PPV at nearby sensitive uses, development shall:
Construction
construction
Development
management plan and
• Comply with the construction noise ordinance to limit
Management Plan to
Department —
ensure
hours of exposure. The City's Municipal Code allows
ensure compliance with
Building and
implementation of the
construction noise to exceed limits discussed in Section
MM N0I-1.2. Notes
Planning and
construction
10.48.040 during daytime hours. Certain types of
shall be included on all
Cupertino — Public
management
construction are prohibited on weekends and all
construction documents
Works Department
plan/Prior to issuance
holidays pursuant to Municipal Code Sections
to ensure adherence to
of demolition,
10.48.053(B), (C), and (D).
noise limitations.
grading, building
• In the event pile driving would be required, all receptors
permit and
within 300 feet of the project site shall be notified of the
periodically during
schedule a minimum of one week prior to its
project construction
commencement. The contractor shall implement
activities.
"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.
Vallco Town Center Specific Plan 21 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
• 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.
MM NOI-3.1: Future development under the revised
Project applicant shall
During construction.
Cupertino
Prior to issuance of
project shall implement available measures to reduce
indicate the noise
Community
grading, building, or
project -generated noise level increases from project traffic
reduction methods
Development
occupancy permit and
on Perimeter Road. The noise attenuation measures shall
included in the
Department —
on a complaint basis.
be studied on a case-by-case basis at receptors that would
improvement plans for
Building and Public
be significantly impacted. Noise reduction methods could
the project during
Works Department
include the following:
• Alternative noise reduction techniques, such as re-
Master Site
paving Perimeter Road with "quieter" pavement types
Development Permit
Vallco Town Center Specific Plan 22 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
including Open -Grade Rubberized Asphaltic Concrete.
review and approval to
The use of "quiet" pavement can reduce noise levels by
ensure that project noise
two to five dBA, depending on the existing pavement
is below the City's
type, traffic speed, traffic volumes, and other factors.
thresholds. If complaints
• Traffic calming measures to slow traffic, such as speed
are received despite
bumps.
incorporation of the
Building sound insulation for affected residences, such as
noise reduction
sound -rated windows and doors, on a case-by-case basis as
techniques, a third parry
a method of reducing noise levels in interior spaces.
consultant will conduct
an acoustical study to
determine whether
additional sound
insulation (such as
sound -rated windows
and doors) 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 N0I4.1: 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
Vallco Town Center Specific Plan 23 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
MM N0I-6.1: Implement MM NOI-3.1 to reduce project-
Same as MM NOI-3.1
Same as MM NOI-
Same as MM NOI-
Same as MM NOI-
generated noise level increases on Perimeter Road north of
3.1
3.1
3.1
Stevens Creek Boulevard and Vallco Parkway east of
North Wolfe Road.
Transportation/Traffic
MM TRN-1.1: Develop and implement a TDM Program
Project applicant shall
Occupancy. See also
Third -party
The TDM Monitoring
which includes a trip cap that is based on a 34 percent non-
submit a TDM program
condition of
consultant and City
Program would occur
SOV rate for the office uses. The TDM Program includes
for review and approval
approval related to
of Cupertino
in the fall (mid -
the creation of a Transportation Management Association
by the City prior to
TDM Program
Community
September through
that would:
occupancy. The
below
Development
mid-November) after
• Provide concierge services to residents and retail
Applicant will establish
Department - Public
six months
owners (for their employees);
a TMA for all users of
Works. See also
occupancy of 50
• Coordinate with the office component; and
the site. The Program
condition of
percent of the total
• Oversee the overall TDM program among property
will outline the
approval related to
approved buildout.
owners and tenants to achieve the office trip caps
measures that will be
TDM Program
The TDM Monitoring
implemented at the
below.
Program shall be
As part of the TDM Program, the City shall require future
outset. See also
conducted annually
development to implement the Specific Plan's TDM
Condition of approval
for the first 10 years.
Monitoring Program to ensure that the TDM reduction
related to TDM Program
If the monitoring
goals are achieved. The TDM Monitoring Program shall
require a robust Monitoring Program to ensure that this
below.
reveals that the peak
TDM program mitigation measure is implemented and that
trip counts have not
the required trip caps are achieved. The Monitoring
been exceeded in the
Program shall be subject to review and approval by the
last three years of the
City of Cupertino and would include driveway monitoring
first 10 years of
for all office uses during the AM and PM peak hours. The
annual monitoring,
TDM Monitoring Program would occur in the fall (mid-
the TDM monitoring
September through mid-November) after six months
shall be reduced to
occupancy of 50 percent of the total approved buildout.
once every two years
The TDM Monitoring Program shall be conducted
annually for the first 10 years. If the monitoring reveals
(i.eyear 10, 12, 14,
that the peak trip counts have not been exceeded in the last
etc.)) . However, if
Vallco Town Center Specific Plan 24 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
three years of the first 10 years of annual monitoring, the
any biennial report
TDM monitoring shall be reduced to once every two years
reveals that the peak
(i.e.. year 10, 12, 14, etc.). However, if any biennial report
trip counts have been
reveals that the peak trip counts have been exceeded, the
exceeded, the
monitoring shall revert to annual monitoring until such
monitoring shall
time that the peak trip counts have not been exceeded for
revert to annual
three consecutive annual reports. If future development is
monitoring until such
not able to meet the identified TDM goal, then the City
would collect penalties (assigned proportionately between
time that the peak trip
the uses that do not meet the trip cap), as specified in the
counts have not been
Specific Plan's TDM Monitoring Program. Penalties
exceeded for three
collected from the TDM Monitoring Program will be used
consecutive annual
to improve multimodal access around the site and
reports. See also
throughout the City of Cupertino.
condition of approval
related to TDM
The TDM program is expected to reduce the severity of
Program below.
intersection and freeway impacts, although not necessarily
to a less than significant level. (Significant and
Unavoidable Impact with Mitigation Incorporated)
MM TRN-1.2:Intersection 12, De Anza
Project applicant shall
Prior to issuance of
City of Cupertino -
Accept TIF.
Boulevard/McClellan Road: convert the shared left-
pay the TIF.
building permit
Public Works
turn/through lane on the eastbound approach of McClellan
Department
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. However, because the TIF improvements are not
Vallco Town Center Specific Plan 25 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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)
MM TRN-1.3:A fair -share payment contribution of
Project applicant shall
Prior to the entering
City of Cupertino -
Amount must be paid
$3,865,182.00 to improvements identified in VTA's VTP
pay its fair share
into a street
Public Works
prior to entering into
2040 for freeway segments on SR 85, I-280, and I-880 that
contribution of
improvement
Department
a street improvement
the project (or project alternative) significantly impacts
$3,865,182.00 to the
agreement with the
agreement. The
shall be paid by future development associated with the
City until such time as
City of Cupertino.
amount will be held
revised project.
VTA initiates the
by the City until such
project.
time as the VTA
The VTA's VTP 2040 identifies several freeway projects
initiates the project at
that are relevant to the identified freeway segment impacts,
which time it shall be
including:
remitted to VTA.
• VTP ID Hl: SR 85 Express Lanes: US 101 (South San
Josh 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 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
3 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.
115CV281214), 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.
Vallco Town Center Specific Plan 26 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
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 H11: 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 H15:1-880 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 H45:1-280 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 intersection
See also Condition of
See also Condition
See also Condition
See also Condition of
and freeway impacts, although not necessarily to a less
Approval related to
of Approval related
of Approval related
Approval related to
than significant level. (Significant and Unavoidable
TDM below.
to TDM below.
to TDM below.
TDM below.
Impact with Mitigation Incorporated)
MM TRN-2.2:Intersection 12, De Anza
Project applicant shall
Prior to issuance of
City of Cupertino -
Accept TIF prior to
Boulevard/McClellan Road: Implement MM TRN-1.2.
pay the TIF.
building permit.
Public Works
issuance of building
Implementation of MM TRN-1.2 would improve
Department
permit
Vallco Town Center Specific Plan 27 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
intersection the average intersection delay to better than
background (without project or project 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 Road/Vallco
Applicant shall provide
Prior to the entering
City of Cupertino —
Prior to issuance of
Parkway: Provide an overlap phase for the westbound
engineering plans to
into a street
Public Works
occupancy permit.
right -turn movement, which would provide for a green
ensure construction of
improvement
Department
right -turn arrow while the southbound left -turn movement
these improvements
agreement with the
has its green phase. Southbound U-turns shall also be
City of Cupertino.
prohibited. Implementation of this mitigation measure
would 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 of
City of Cupertino -
Accept TIF prior to
Boulevard/Tantau Avenue: Provide a northbound left -turn
pay the TIF.
building permit.
Public Works
issuance of building
lane (for a total of one left -turn lane and one shared
Department
permit
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. However, because the TIF
improvements are not fully funding and the timing of
implementation is not known at this time, the impact is
Vallco Town Center Specific Plan 28 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
considered significant and unavoidable. (Significant and
Unavoidable Impact with Mitigation Incorporated)
MM TRN-2.5:Intersections 43-45, Contribute a fair -share
Project applicant shall
Prior to the entering
City of Cupertino -
Amount must be paid
contribution of $96,000.00 to a traffic signal timing study
pay its fair share
into a street
Public Works
prior to entering into
and implementation of the revised timings on Stevens
contribution of
improvement
Department
a street improvement
Creek Boulevard at Stern Avenue, Calvert Drive, and
$96,000.00 to the City
agreement with the
agreement. The
Agilent Driveway. The revised project impacts would
which will be held by
City of Cupertino.
amount will be held
likely improve with modifications to the signal timings as
the City until such time
by the City until such
traffic volumes change, but the impact is concluded to be
as the project is
time as the project is
significant and unavoidable because the effectiveness of
initiated.
initiated at which
the improvement would be determined through the signal
time it shall be
timing study and because the intersection is under the
remitted to the
jurisdiction of another agency and the City cannot
agency.
guarantee the implementation of the signal timing study.
(Significant and Unavoidable Impact with Mitigation
Incorporated)
MM TRN-2.6:Intersection 48, Lawrence
Project applicant shall
Prior to the entering
City of Cupertino -
Amount must be paid
Expressway/Homestead Road: Pay a fair -share
pay its fair share
into a street
Public Works
prior to entering into
contribution of $291,000.00 to the near-term improvement
contribution of
improvement
Department
a street improvement
identified in the Santa Clara County's Expressway Plan
$291,000.00 to the City
agreement with the
agreement. The
2040 Study for this intersection. The Expressway Plan
which will be held by
City of Cupertino.
amount will be held
2040 Study identifies a near-term improvement of an
the City until such time
by the City until such
additional eastbound through lane on Homestead Road.
as the project is
time as the project is
With this improvement, intersection operations would
initiated.
initiated at which
improve, but the intersection would continue to operate at
time it shall be
LOS F with delays greater than under background
remitted to the
conditions.
agency.
The ultimate improvement identified by the County's
Expressway Plan 2040 is to grade -separate the
Vallco Town Center Specific Plan 29 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
intersection. That is a long-term improvement, however,
which would not be implemented within the next 10 years.
Therefore, the impact is considered significant and
unavoidable. (Significant and Unavoidable Impact with
Mitigation Incorporated)
MM TRN-2.7:Intersection 51, Lawrence
Project applicant shall
Prior to the entering
City of Cupertino -
Amount must be paid
Expressway/Calvert Drive -I-280 Southbound Ramp:
pay its fair share
into a street
Public Works
prior to entering into
Improvements to mitigate the impact would include
contribution of
improvement
Department
a street improvement
providing a fourth northbound through lane (for a total of
$133,380.00 to the City
agreement with the
agreement. The
four through lanes and one right -turn lane). This would
which will be held by
City of Cupertino.
amount will be held
require four receiving lanes north of Calvert Drive -1-280
the City until such time
by the City until such
Southbound Ramps. With this improvement, the
as the project is
time as the project is
intersection would operate at acceptable LOS E or better.
initiated.
initiated at which
The widening of Lawrence Expressway from three to four
time it shall be
lanes in each direction between Moorpark Avenue to south
remitted to the
of Calvert Drive is included in the VTP 2040 as a
agency.
constrained project (VTP 2040 Project# X10). 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
Vallco Town Center Specific Plan 30 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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 entering
City of Cupertino -
Amount must be paid
Expressway/Bollinger Road: Improvements to mitigate
pay its fair share
into a street
Public Works
prior to entering into
the revised project's impact would include providing a
contribution of
improvement
Department
a street improvement
fourth northbound through lane (for the PM peak hour
$133,380.00 to the City
agreement with the
agreement. The
impact) and fourth southbound through lane (for the AM
which will be held by
City of Cupertino.
amount will be held
peak hour impact). The widening of Lawrence
the City until such time
by the City until such
Expressway from three to four lanes in each direction
as the project is
time as the project is
between Moorpark Avenue to south of Calvert Drive is
initiated.
initiated at which
included in the VTP 2040 as a constrained project (VTP
time it shall be
2040 Project# X10). This VTA project also includes the
remitted to the
provision of an additional westbound through lane on
agency.
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# X10. 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.
Vallco Town Center Specific Plan 31 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
(Significant and Unavoidable Impact with Mitigation
Incorporated)
MM TRN-2.9: Implement MM TRN-1.3. The VTP 2040
MM TRN-1.3 - Project
MM TRN-1.3 - Prior
MM TRN-1.3 - City
MM-TRN-1.3 -
projects will enhance vehicular travel choices for the
applicant shall pay its
to the entering into a
of Cupertino -
Amount must be paid
project (and project alternatives), and make more efficient
fair share contribution of
street improvement
Public Works
prior to entering into
use of the transportation roadway network, and the SR 85
$3,865,182.00 to the
agreement with the
Department
a street improvement
Transit Guideway Study will help improve transit options
City which will be held
City of Cupertino.
agreement. The
in the SR 85 corridor. These freeway operations
by the City until such
amount will be held
enhancements would not improve all impacted freeway
time as the project is
by the City until such
segments to less than significant levels, however. The
initiated.
time as the VTA
TDM Program proposed under the revised project and
initiates the project at
mitigation measure MM TRN-2.1 would reduce project-
which time it shall be
generated vehicle trips, thereby reducing the revised
remitted to the
project impact on freeway segments, but it is not
agency.
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.
(Significant and Unavoidable Impact with Mitigation
Incorporated)
MM TRN-6.1: The VTA's VTP 2040 identifies the
Project applicant shall
Prior to the entering
City of Cupertino -
Amount must be paid
Stevens Creek Bus Rapid Transit project (VTP ID T4) as
pay its fair share
into a street
Public Works
prior to entering into
an improvement near the project site. Ultimately, the VTP
contribution of
improvement
Department
a street improvement
ID T4 would enhance travel choice for the revised project
$4,832,000.00 to the
agreement with the
agreement. The
and make more efficient use of the transportation network.
City which will be held
City of Cupertino.
amount will be held
Thus, future development under the revised project would
by the City until such
by the City until such
be required to contribute its fair -share of $4,832,000.00 to
time as the project is
time as the VTA
VTP ID T4. However, the impact would remain
initiated.
initiates the project at
significant and unavoidable because the implementation of
which time it shall be
the VTP projects are within the responsibility and
Vallco Town Center Specific Plan 32 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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 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 building
Program identifies the addition of an exclusive northbound
Department
permit
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. (Significant and
Unavoidable Cumulative Impact with Mitigation
Incorporated)
MM TRN-7.3: Intersection 8, De Anza
Project applicant shall
Prior to issuance of
City of Cupertino
Accept TIF prior to
Boulevard/Homestead Road: The City's TIF Program
pay the TIF.
building permit.
Community
issuance of building
identifies the widening of De Anza Boulevard to four
Development
permit
through lanes between the I-280 interchange and
Department - Public
Homestead Road. This improvement would mitigate the
Works.
Vallco Town Center Specific Plan 33 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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.
(Significant and Unavoidable Cumulative Impact with
Mitigation Incorporated)
MM TRN-7.4:Intersection 12, De Anza
Project applicant shall
Prior to issuance of
City of Cupertino
Accept TIF prior to
Boulevard/McClellan Road: Implement MM TRN-1.2.
pay the TIF.
building permit.
Community
issuance of building
Implementation of MM TRN-1.2 would improve
Development
permit
intersection operations to better than cumulative (without)
Department - Public
revised project conditions. However, because the TIF
Works.
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 entering
City of Cupertino
Amount must be paid
Avenue: Provide a dedicated southbound right -turn lane
pay its fair share
into a street
Public Works.
prior to entering into
from Wolfe Road onto westbound Fremont Avenue. This
contribution of
improvement
a street improvement
would improve intersection delay to lower than cumulative
$527,000.00 to the City
agreement with the
agreement. The
conditions under the revised project. Thus, the impact
which will be held by
City of Cupertino.
amount will be held
would be mitigated to a less than significant level.
the City until such time
by the City until such
as the project is
time as the project is
The City of Sunnyvale recently approved improvements to
initiated.
initiated at which
the "Triangle" area of Wolfe Road/El Camino Real, Wolfe
time it shall be
Road/Fremont Avenue, and El Camino Real/Fremont
remitted to the
Avenue. The "Triangle" improvements include the
agency.
provision of a southbound right -turn lane from Wolfe
Vallco Town Center Specific Plan 34 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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. 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)
MM TRN-7.6:Intersection 26, Wolfe Road/Homestead
Project applicant shall
Prior to issuance of
City of Cupertino
Accept TIF prior to
Road: Provide a dedicated southbound right -turn lane
pay the TIF.
building permit.
Community
issuance of building
from Wolfe Road onto westbound Homestead Road. To
Development
permit
minimize secondary impacts to pedestrian travel, the right-
Department - Public
turn lanes would need to be signal controlled, right -turns
Works.
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.
Vallco Town Center Specific Plan 35 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 Cumulative Impact with
Mitigation Incorporated)
MM TRN-7.7: Intersection 31, Wolfe Road/Vallco
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 of
2.3
2.3
2.3
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
Same as MM TRN-2.4
Same as MM TRN-
Same as MM TRN-
Same 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 TRN-
Same as MM TRN-2.5
Same as MM TRN-
Same as MM TRN-
Same as MM TRN-
2.5. As discussed under Impact TRN-2, implementation of
2.5
2.5
2.5
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)
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 TRN-2.6.
2.6
2.6
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
Vallco Town Center Specific Plan 36 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
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 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 entering
City of Cupertino
Amount must be paid
Boulevard/Cabot Avenue: Contribute a fair -share
pay its fair share
into a street
Public Works.
prior to entering into
contribution of $23,000.00 to a traffic signal timing study
contribution of
improvement
a street improvement
and implementation of the revised timings on Stevens
$23,000.00 to the City
agreement. The
Vallco Town Center Specific Plan 37 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
Creek Boulevard at Cabot Avenue. The revised project
which will be held by
agreement with the
amount will be held
impact would likely improve with modifications to the
the City until such time
City of Cupertino.
by the City until such
signal timings as traffic volumes change. The impact
as the project is
time as the project is
would be significant and unavoidable, however, because
initiated.
initiated at which
the effectiveness of the improvement would be determined
time it shall be
through the signal timing study and because the
remitted to the
intersection is within the responsibility and jurisdiction of
agency.
another agency and the City cannot guarantee the
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 of
City of Cupertino
Accept TIF prior to
Avenue/Homestead Road: Restripe the southbound
pay the TIF.
building permit.
Community
issuance of building
approach (Quail Avenue) to provide a separate left -turn
Development
permit
lane and shared through/right-turn lane (including removal
Department - Public
of on -street parking). This improvement is included in the
Works.
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. (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 for the
1.3
1.3
1.3
project (and project alternatives), and make more efficient
use of the transportation roadway network, and the SR 85
Vallco Town Center Specific Plan 38 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
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)
MM TRN-7.16: Intersection 3, Stevens Creek
Project applicant shall
Prior to issuance of
City of Cupertino
Accept TIF prior to
Boulevard/Stelling Road: Provide an additional second
pay the TIF.
building permit.
Community
issuance of building
eastbound left -turn lane from Stevens Creek Boulevard
Development
permit
onto northbound Stelling Road. This mitigation measure
Department - Public
would improve intersection operations to an acceptable
Works.
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
Vallco Town Center Specific Plan 39 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
and unavoidable. (Significant and Unavoidable
Cumulative Impact with Mitigation Incorporated)
Utilities and Service Systems
MM UTIL-2.1: Future development under the revised
Project applicant shall
Prior to issuance of
City of Cupertino -
Prior to issuance of
project shall replace the existing 12- and 15 -inch sewer
work with the Cupertino
improvement plans
Public Works
final inspections for
mains in Wolfe Road with new mains of an adequate size
Sanitary District to
and/or building
Department shall
improvement plans,
as determined by CuSD, or shall install an 18- to 21 -inch
determine the
permits
review and
building finals and
parallel pipe to the existing 12- and 15 -inch mains to
appropriate mitigation
coordinate
occupancy permits,
accommodate existing and project flows.
requirements.
improvement plans
as appropriate.
with Cupertino
Sanitary District.
MM UTIL-2.2: Future development under the revised
Project applicant shall
Prior to issuance of
City of Cupertino -
Prior to issuance of
project shall replace the existing 27 -inch sewer main in
work with the Cupertino
improvement plans
Public Works
final inspections for
Wolfe Road and Homestead Road with new mains of an
Sanitary District to
and/or building
Department shall
improvement plans,
adequate size determined by the CuSD, or install a parallel
determine the
permits
review and
building finals and
pipe of an adequate size to the existing 27 -inch sewer main
appropriate mitigation
coordinate
occupancy permits,
as determined by CuSD.
requirements.
improvement plans
as appropriate.
with Cupertino
Sanitary District.
MM UTIL-2.3: No building permits shall be issued by
Project applicant shall
Prior to approval of
City of Cupertino -
Ensure that any
the City for structures or units that would result in the
work with the City and
the Master Site
Public Works
proposed project does
permitted peak wet weather flow capacity of 13.8 mgd
Cupertino Sanitary
Development Permit
Department shall
not exceed the
through the Santa Clara sanitary sewer system being
District to ensure that
review and
contracted peak wet
exceeded. The estimated sewage generation by the revised
any proposed project
coordinate
weather capacity
project shall be calculated using the sewer generation rates
does not exceed the
improvement plans
through the Santa
used by the San Jose - Santa Clara Water Pollution Control
Plant Specific Use Code &Sewer Coefficient table, and
contracted peak wet
with Cupertino
Clara sanitary sewer
from the City of Santa Clara Sanitary Sewer Capacity
weather capacity
Sanitary District.
system/prior to
Assessment, May 2007,4 unless alternative (i.e., lower)
issuance of Master
4 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
Vallco Town Center Specific Plan 40 City of Cupertino
Mitigation Monitoring or Reporting Program
Vallco Town Center Specific Plan
Implementing
Timeframe for
Agency
Responsible for
Monitoring
Mitigation Measure
Procedure
Implementation
Monitoring
Action/Frequency
sewer generation rates achieved by future development are
through the Santa Clara
Site Development
substantiated by the developer based on evidence to the
sanitary sewer system
Permit
satisfaction of the CuSD.
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.
Vallco Town Center Specific Plan 41 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
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
Conditions of Aporoval
Project applicant will
Prior to approval
City of
Review reports and assess
• Future development under the proposed project (and
provide reports, plans
of Master Site
Cupertino —
compliance
General Plan Buildout with Maximum Residential
and information on
Development
Community
Alternative and Retail and Residential Alternative)
compliance.
Permit
Development
that includes sensitive receptors (such as residences
Department —
or daycare centers) located within the setback
Planning
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 I-280 and local roadways
shall require site-specific analysis to quantify the
level of TAC and PM2.5 exposure. This analysis
shall be conducted following procedures outlined by
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 PM2.5 exposures
greater than 0.3 gg/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 PM2.5 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
Vallco Town Center Specific Plan 42 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
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 PM2.5
concentration. To reduce significant community
health risk exposure, future development shall
implement the following measures:
■ Air filtration systems installed at significantly
impacted sensitive receptor 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 be located immediately adjacent to a
Vallco Town Center Specific Plan 43 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
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 PM2.5 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
PM2.5 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/Wolfe
Interchange project.
• Future development shall be visually compatible
(including minimizing noise, traffic, light, and visual
intrusive effects) with adjacent 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.
Vallco Town Center Specific Plan 44 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
Condition of Approval:
TMA Formation —
The Final TDM
City Department
MONITORING PLAN
The Specific Plan would include a Transportation
Project applicant will
program for future
of Public Works
Demand Management (TDM) program, which shall
submit TMA
development shall
- Transportation
Annual TDM program monitoring
provide sitewide TDM support services to coordinate
formation and TDM
be prepared to the
consists of two main elements: (1)
TDM efforts for all users and includes an office -specific
programs
satisfaction of the
Summary of Implemented TDM
trip cap to reduce vehicle trips and vehicle miles of
information.
City's Director of
Measures to be provided by the
travel. The non -office portion of the project is not
Public Works prior
Vallco Specific Plan Area TMA,
subject to a trip cap. The office trips cap related to the
TDM Monitoring:
to approval of any
and (2) office driveway counts and
TDM program of the project shall be measured at the
The TMA would
occupancy permits.
TDM Monitoring Report for office
peak commute hours, when roadways are most
submit an annual
uses to be prepared by an
congested.
report to the City to
independent city -approved
report on TDM
transportation planning/engineering
OFFICE TRIP CAP
measures
firm. Each of these components is
Trip caps for the office uses were developed assuming
implemented and
described below.
full buildout of the office uses for the revised project.
assess effectiveness
The office trip cap is designed to reduce single-
of the TDM program
Summary of Implemented TDM
occupancy vehicle trips from office uses. Specifically,
in terms of non -SOV
Measures
the office trips caps assume that at a minimum 34
mode split for the
percent of office trips would be by non -single -occupancy
office uses.
The TMA (including the office
vehicle (non -SOV) modes (i.e., the percentage of
TMA, if any) shall submit a report
employees traveling to the site via walking, bicycling,
to the City by December 31St each
riding in private shuttle or public transit vehicles, or
year describing the specific TDM
ridesharing).
measures that are being
A target of 34 percent non -SOV has been identified as a
implemented by the TMA and by
reasonable target because it is considered aggressive but
their members (including the office
achievable for office developments in suburban locations
TMA, if any) and the amount of
greater than one-half ('/2) mile from a rail station. While
occupied space for each land use
higher alternative mode share rates have been
(i.e., office/commercial/hotel
established for a few corporate campuses in the Bay
rooms/dwelling units).
Area, such rates have generally been in areas more urban
than Cupertino with proximity to mass transit facilities.
To assess the effectiveness of the
TDM program in increasing non -
SOV trips, the TMA (including the
Vallco Town Center Specific Plan 45 City of Cupertino
Conditions of Approval or Standard Permit Implementing Timeframe for Agency Monitoring Action/Frequency
Conditions Procedure Implementation Responsible for
Monitoring
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. Peak hours are defined as the time
periods on the adjacent streets with the highest hourly
volumes occurring during the morning and evening
commute periods. At full buildout, the office uses in the
revised project shall be required to meet the trip caps
presented in the following table:
FORMATION OF TMA
The purpose of the Transportation Management
Association (TMA) is to coordinate sitewide TDM
measures, collect fees from members to finance site -
wide measures and monitoring activities, conduct TMA
administration activities, and coordinate with members
to add measures as needed to meet the office trip caps.
The TMA for the Specific Plan Area shall be established
using a legal arrangement approved by the City. The
TMA shall hire a qualified Transportation Coordinator.
The fees paid by each member shall be determined as
part of TMA formation documentation. All commercial
property owners and tenants, apartment management
companies, hotel operators, and home owners
associations shall be required to be members, unless an
enhanced TDM program covers all office uses in the
office TMA, if any) may also be
required to collect the following
data and provide it in a report to the
City:
— Private Shuttle Ridership -
Counted electronically on
vehicles and visually verified
at the transit hub
— Public Transit Ridership -
Counted at area VTA stops
— Cycling/Walking Volumes -
Counted via bike/pedestrian
entrances to office facilities
— Office Carpool Volumes -
Counted at entrances to office
parking facilities
Additional TDM measures may be
required by the City if the TDM
measures are not effective as
determined by a regular monitoring
program.
Driveway Counts and TDM
Monitoring Report
An independent city -approved
transportation planning/engineering
firm shall be retained by the City to
collect vehicle counts and present
the results in a written report.
Vehicle counts shall be conducted
Vallco Town Center Specific Plan 46 City of Cupertino
AM Peak Hour
PM Peak Hour
Office Trip
Caps
1,830 vehicle
trips
1,820 vehicle
trips
FORMATION OF TMA
The purpose of the Transportation Management
Association (TMA) is to coordinate sitewide TDM
measures, collect fees from members to finance site -
wide measures and monitoring activities, conduct TMA
administration activities, and coordinate with members
to add measures as needed to meet the office trip caps.
The TMA for the Specific Plan Area shall be established
using a legal arrangement approved by the City. The
TMA shall hire a qualified Transportation Coordinator.
The fees paid by each member shall be determined as
part of TMA formation documentation. All commercial
property owners and tenants, apartment management
companies, hotel operators, and home owners
associations shall be required to be members, unless an
enhanced TDM program covers all office uses in the
office TMA, if any) may also be
required to collect the following
data and provide it in a report to the
City:
— Private Shuttle Ridership -
Counted electronically on
vehicles and visually verified
at the transit hub
— Public Transit Ridership -
Counted at area VTA stops
— Cycling/Walking Volumes -
Counted via bike/pedestrian
entrances to office facilities
— Office Carpool Volumes -
Counted at entrances to office
parking facilities
Additional TDM measures may be
required by the City if the TDM
measures are not effective as
determined by a regular monitoring
program.
Driveway Counts and TDM
Monitoring Report
An independent city -approved
transportation planning/engineering
firm shall be retained by the City to
collect vehicle counts and present
the results in a written report.
Vehicle counts shall be conducted
Vallco Town Center Specific Plan 46 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
Plan Area, in which case there may be a separate TMA
at all entrances/exits to parking
for offices uses. However, the office TMA is still
facilities for the office space. The
required to be a member of the sitewide TMA and
numbers of vehicles entering and
coordinate activities and monitoring with the sitewide
exiting each location shall be
TMA.
counted in 15 -minute increments
from 7:OOAM to 10:00AM and
TDM PROGRAM STRUCTURE
from 3:OOPM to 7:OOPM on a
Tuesday, Wednesday, and
The TDM program would include the formation of a
Thursday over a two-week period.
TMA to help implement TDM strategies sitewide and
Counts shall be performed between
coordinate the office trip cap requirements. The TMA
mid-September and mid -
shall include a qualified on-site transportation
November. Counts shall avoid
coordinator that would help implement TDM strategies.
school holidays, as well as days
TDM strategies that are highly encouraged include, but
immediately before or after
are not limited to:
holidays or long weekends, and
— Maximum parking requirements per the Specific
shall not be performed on days
Plan
with inclement weather.
— Concierge services for all employees, residents,
guests, and patrons, to provide information on
The count data for the driveways to
transit connections, opportunities for alternative
the office parking facilities shall be
modes of transit and transportation services.
analyzed using standard traffic
— Free transit passes for residents and retail
engineering practice to derive
employees
office -generated AM and PM peak
— Ride -share marketing and promotion
hour traffic volumes. The results
— Evaluation, identification, and implementation of
shall be compared to the office trip
bikeshare program for travel within, to, and from
caps.
the site
— On-site availability of carshare
The data collection methodology,
— Guaranteed ride home programs
raw data, data analysis procedures,
Other TDM strategies that could be considered include:
and resulting AM and PM peak
— Unbundling parking,
hour vehicle trips for the office
— Other a transit incentive programs
uses shall be written up in a report
and submitted to the City of
Vallco Town Center Specific Plan 47 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
— Safe routes to school support programs,
Cupertino Department of Public
— Transit subsidy for employees,
Works.
— Vanpool subsidy for employees,
TDMProgram Compliance
— Workplace parking pricing,
— Employee parking cash -out,
If the AM and PM peak hour
— Alternative work schedules and telecommute
vehicle trip generation of the office
programs, and.
uses is less than the office trip caps
— Shuttle services for employees
(1,830 AM peak hour trips and
1,820 PM peak hour trips at full
Additional details about possible TDM measures are
buildout of revised project), the
included in Table 28 in Appendix H.
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 if TDM Program
Compliance is Not Achieved
The City would notify the Vallco
Specific Plan Area TMA (including
the office TMA, if 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.
Vallco Town Center Specific Plan 48 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
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
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
Vallco Town Center Specific Plan 49 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
due to the City within 30 days of
issuance of an invoice with
reasonable 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
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
Vallco Town Center Specific Plan 50 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
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-
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 sitewide
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
Vallco Town Center Specific Plan 51 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
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
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 are
• Future development shall reduce the heat island
will indicate
of building
Cupertino —
incorporated in appropriate plans
effect by implementing measures such as cool
compliance on plans
permits
Department of
prior to issuance of permits.
surface treatments for parking facilities, cool roofs,
and indicate on
Community
cool paving, and landscaping to provide well -shaded
lease documents and
Development —
areas.
sale documents that
Building
• Future buildings shall install advanced meter
use of 100 carbon
infrastructure, commonly referred to as Smart
free sources of
Meters, to allow two-way communication between
energy is a
the utility company and the meter in order to more
requirement.
closely manage energy use and operating cost.
• 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
Vallco Town Center Specific Plan 52 City of Cupertino
Conditions of Approval or Standard Permit
Implementing
Timeframe for
Agency
Monitoring Action/Frequency
Conditions
Procedure
Implementation
Responsible for
Monitoring
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 systems.
• Electricity for future development would be provided
by Silicon Valley Clean Energy (SVCE) or another
provider that sources electricity from 100 percent
carbon free sources.
Condition of Approval:
Project applicant
Prior to issuance of
City of Cupertino
Review and approve plans and
• Future development that generates substantial food
shall indicate
Architectural and
— Public Works
reports/Prior to issuance of
waste and compostable paper (i.e., food soiled paper)
compliance on plans
Site Approvals and
Department —
Architectural and Site Approvals
shall support food waste collection services and/or
and provide required
relevant building
Environmental
and relevant building permits.
provide collection bins for food waste.
reports
permits (including
Services
tenant
improvements)
Conditions of Approval:
Project applicant
Prior to approval of
City of Cupertino
Plan and report verification to
• Future development shall incorporate bird safe
shall indicate
relevant
— Community
ensure compliance/ prior to
building design measures such as the following:
compliance on plans
Architectural and
Development
issuance of relevant Architectural
— Avoiding large, uninterrupted expanses of glass
Site Approval
Department —
and Site Approval permits.
Permits
Planning
near open areas,
— Prohibiting glass skyways and freestanding glass
walls,
— Avoiding transparent glass walls coming together
at building corners,
Vallco Town Center Specific Plan 53 City of Cupertino
Conditions of Approval or Standard Permit
Implementing
Timeframe for
Agency
Monitoring Action/Frequency
Conditions
Procedure
Implementation
Responsible for
Monitoring
— 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, 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.,
Vallco 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 dBA 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 Cupertino
Ensure requirements are
• Bird and Nest Safety:
incorporate
demolition/tree
— Community
incorporated in appropriate plans
— Construction and tree removal/pruning activities
requirements on plans
removal permits
Development
prior to issuance of permits.
shall be scheduled to avoid the nesting season to
and provide
and prior to
Department —
Review final report for compliance
the extent feasible. If feasible, tree removal
appropriate reports
initiation of
Planning
with mitigation measure, prior to
and/or pruning shall be completed before the
demolition/grading/
issuance of grading permit.
start of the nesting season to help preclude
construction
nesting. The nesting season for most birds and
activities (including
raptors in the San Francisco Bay area extends
tree removal and
from February 1 through August 31.
pruning)
Vallco Town Center Specific Plan 54 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
— 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 disturbed by these activities, the ornithologist
(in consultation with the CDFV) 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 MBTA 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
Vallco Town Center Specific Plan 55 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
Development Director prior to the start of
Over 12 inches
and up to 18
Two 24 -inch box trees
grading.
Over 18 inches
Standard Permit Conditions:
Project applicant to
Prior to Master Site
City of Cupertino
A third party consultant will be
• Protected Trees:
submit updated
Development
— Community
hired, at the applicant's expense, to
— An updated arborist report shall be prepared by a
arborist report and
Permit and relevant
Development
ensure that tree protection
certified arborist and submitted to the City. The
provide appropriate
Architectural and
Department —
measures have been installed and
updated arborist report shall include updated tree
tree replacements
Site Approval
Planning
being adhered to through
assessments and tree maintenance and protection
Permits
construction.
measures for trees to be preserved. The
Review reports, ensure appropriate
development project shall be required to
replacement trees are being
implement the recommendations in the arborist
provided, when trees are removed.
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 or
and up to 36
one 36 -inch box tree
inches
Over 36 inches
One 36 -inch box tree
Heritage Tree of
One 48 -inch box tree
any size
The species and location of the replacement trees
and monitoring of replanting success shall be
approved by the City of Cupertino Arborist and
Vallco Town Center Specific Plan 56 City of Cupertino
Conditions of Approval or Standard Permit
Implementing
Timeframe for
Agency
Monitoring Action/Frequency
Conditions
Procedure
Implementation
Responsible for
Monitoring
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 Cupertino
Review and approve SWPP, BMPs
During Construction
prepare a SWPP,
grading and
— Public Works
and plants.
• The revised project shall comply with the NPDES
identify BMPs and
building permits
Department —
Conduct annual monitoring as
General Construction Activity Storm Water Permit
pest resistant planting
Engineering and
required by the City's C.3 permit.
administered by the Regional Water Quality Control
to be incorporated in
Environmental
Board. Prior to construction grading the applicant
the project. Identify
Services
shall file a Notice of Intent (NOI) and receive a
annual monitoring of
Waste Discharger Identification (WDID) number to
BMPs.
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
Vallco Town Center Specific Plan 57 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
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 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 stonnwater 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:
— Pollution prevention and source control BMPs
shall be implemented to protect groundwater;
Vallco Town Center Specific Plan 58 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
— 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 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;
Vallco Town Center Specific Plan 59 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
— Bay Area Stormwater Management Agencies
Association (BASMAA) "Start at the Source"
Design Guidance Manual;
— BASMAA "Using Site Design Standards to Meet
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.
• 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 Cupertino
Ensure appropriate conditions of
• An acoustical study shall be completed during the
provide acoustical
relevant
— Community
approval are incorporated per the
application process when project -specific
study and incorporate
Architectural and
Development
recommendations of the acoustical
information, such as building elevations, layouts,
noise attenuating
Site Approval
Department -
report and ensure incorporation of
floor plans, and position of buildings on the site, is
measures into plans.
Permits
Planning
the measures in building
known. The study shall determine compliance with
plans/Prior to issuance of
the noise and land use compatibility standards,
Architectural and Site Approval
identify potential noise impacts, and propose site-
Permits and building permits.
specific measures to reduce exposure to exterior and
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
Vallco Town Center Specific Plan 60 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
uses, locate noise -sensitive outdoor use areas away
from major 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(1-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 smaller window and
door sizes as a percentage of the total building
fagade facing the noise source, sound -rated
windows and doors, sound -rated exterior wall
assemblies, and mechanical ventilation so
Vallco Town Center Specific Plan 61 City of Cupertino
Conditions of Approval or Standard Permit
Implementing
Timeframe for
Agency
Monitoring Action/Frequency
Conditions
Procedure
Implementation
Responsible for
Monitoring
windows may be kept closed at the occupant's
discretion.
— If the 50 dBA Leq(1-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 Cupertino
Review plans for compliance with
under the revised project shall dedicate land through
indicate compliance
the Master Site
— Public Works
Vallco Town Center Specific Plan
compliance with Municipal Code Chapter 13.08 and
with the Open Space
Development
Department —
Title 18, which help ensure the provision of parklands in
requirements of the
Permit
Engineering and
compliance with the City standard of a minimum of
Vallco Town Center
Community
three acres per 1,000 residents.
Specific Plan
Development
Department —
Planning
Transportation
Conditions of Approval:
Project applicant to
Prior to approval of
City of Cupertino
A third party consultant will be
• To ensure neighborhood cut -through traffic and
provide the
Master Site
— Public Works
hired to monitor neighborhood
parking intrusion are minimized, future development
appropriate funds to
Development
Department —
parking and traffic, if it is deemed
under the revised project shall fund neighborhood
be held by the City
Permit
Engineering and
to be an issue by the Director of
cut -through traffic monitoring studies and provide
unh time til sucme as a
Transportation
T
Public Works. The neighborhood
fees in the amount of $500,000 to the City of
project is initiated.
parking and traffic monitoring
Cupertino, $150,000 to the City of Santa Clara, and
program shall include the
$250,000 to the City of Sunnyvale to monitor and
following components: (1)
implement traffic calming improvements and a
identifying the monitoring areas
residential parking permit program to minimize
(roadways where the monitoring
neighborhood cut -through traffic and parking
would occur), (2) setting baseline
intrusion, if determined to be needed by the
conditions, such as, number of
Vallco Town Center Specific Plan 62 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
respective City's Public Works Department. The
parked vehicles and traffic volumes
details of the neighborhood parking and traffic
on the roadways, (3) determining
intrusion monitoring program shall be determined
thresholds requiring action, (4)
when the conditions of approval for project
establishing the monitoring
development are established. The monitoring
schedule, and (5) creating reporting
program shall include the following components: (1)
protocols. The baseline conditions
identifying the monitoring areas (roadways where the
shall be established prior to but
monitoring would occur), (2) setting baseline
within one year of initial
conditions, such as, number of parked vehicles and
occupancy. Monitoring shall then
traffic volumes on the roadways, (3) determining
occur annually for five years.
thresholds requiring action, (4) 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 -turn storage deficiencies at Intersections #11
(De Anza Boulevard/Stevens Creek Boulevard), #31
(Wolfe RoadNallco Parkway), #41 (Tantau
AvenueNallco 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.
• 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.
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
• Intersection #56 — Lawrence Expressway / Saratoga
Avenue: 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 Avenue to maximize the left -
turn queuing capacity.
• Consistent with VTA Guidelines, the project
Project applicant
Prior to issuance of
City of Cupertino
Coordinate with applicant and
proponent shall coordinate with the City and VTA to
shall coordinate with
Master Site
— Department of
VTA to identify feasible transit
identify feasible transit priority measures near the
the City and VTA
Development
Public Works —
priority measures near affected
affected facility and include contributions to any
and contribute to any
Permit
Transportation
facility that improve transit speed
applicable projects that improve transit speed and
applicable projects
and reliability
reliability.
that improve transit
speed and reliability
• Intersection #21 — Stevens Creek Boulevard /
Project applicant
Prior to entering
City of Cupertino
Review and approve plans to
Perimeter Road: Reconfigure the median on Stevens
shall provide
into a street
— Department of
ensure compliance/ Prior to
Creek Boulevard to reduce the westbound left -turn
engineering plans to
improvement
Public Works —
issuance of street improvement
lane to Portal Avenue to accommodate an additional
ensure construction
agreement,
Engineering and
plans.
80 feet of capacity for the eastbound left turn from
of these
including bonds or
Transportation
Stevens Creek Boulevard to Perimeter Road.
improvements
other surety to
guarantee the
• Intersection #31 — Wolfe Road / Vallco Parkway:
improvements, the
Reconfigure the median on Vallco Parkway between
project applicant
Wolfe Road and Perimeter Road to provide a
shall have plans
continuous median with a 325 -foot westbound left-
approved by the
turn lane at Wolfe Road and a 220 -foot eastbound
City.
left -turn lane at Perimeter Road.
• Intersection #32 — Wolfe Road -Miller Avenue /
Stevens Creek Boulevard: Extend the inner
eastbound left -turn 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 64 City of Cupertino
Conditions of Approval or Standard Permit
Conditions
Implementing
Procedure
Timeframe for
Implementation
Agency
Responsible for
Monitoring
Monitoring Action/Frequency
Standard Permit Conditions:
Project applicant
Prior to issuance of
City of Cupertino
Ensure requirements are
• Construction truck access to the site shall be
shall incorporate
demolition, grading
— Community
incorporated in the approved plans.
prohibited during peak commute times (7:00 AM to
these requirements
and building
Development
9:00 AM and 4:00 PM to 7:00 PM) and conform the
into the Construction
permits
Department —
City's Municipal Code requirements.
Management Plan
Building,
and demolition,
Planning and
grading and building
Public Works
permits. Project
Department —
applicant shall
Engineering
indicate how
compliance will be
achieved — options
include via signage,
notices and
construction
agreements.
• Future development under the revised project shall
Project applicant
Prior to entering
City of Cupertino
Review and approve plans to
be subject to City development review to ensure that
shall provide
into a street
— Department of
ensure compliance/ Prior to
minimum design standards are met, including
engineering plans to
improvement
Public Works —
issuance of street improvement
adequate sight distance and configurations (including
ensure construction
agreement,
Engineering and
plans.
adequate width and turn radii for continuous
of these
including bonds or
Transportation
unimpeded circulation through the site for passenger
improvements
other surety to
vehicles, emergency vehicles, and large trucks). The
guarantee the
final design of roadways, driveways, and access
improvements, the
points shall be approved by the City.
project applicant
shall have plans
approved by the
City.
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.
1030282.5
1030282.12
Vallco Town Center Specific Plan 65 City of Cupertino