ERC 08-01-2019 Approved Minutes Community Development Department
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF MEETING OF THE ENVIRONMENTAL
REVIEW COMMITTEE HELD ON August 1, 2019
Committee Members: Kitty Moore, Chair
Chad Mosley,Vice Chair
Ben Fu
Deborah Feng
Darcy Paul
Rhoda Fry,Member at Large
Committee Members absent: None
Staff present: Gian Martire,Associate Planner
Joseph Petta,Assistant City Attorney
Consultant Presenters: Carmen Borg AICP,Urban Planner, Shute, Mihaly&
Weinberger
Terri McKracken,Placeworks
APPROVAL OF MINUTES:
1.July 18,2019
The minutes of the July 18, 2019 were approved as written
ORAL COMMUNICATIONS: None
(Reserved for persons wishing to address the Committee on issues that are not already
included in the regular Order of Business)
WRITTEN COMMUNICATIONS: None
STUDY SESSION:
2. Subject: Presentation of common CEQA documents and terms
Recommended Action:receive presentation and provide any input to Staff
Carmen Borg, from Shute Mihaly & Weinberger, went over the basics of the California
Environmental Quality Act (CEQA). The objectives of CEQA are environmental protection,
disclosure, and public participation.There are CEQA regulations, guidelines and exceptions.She
provided informational resources and links to the Committee.
❑ Additional Discussion
o Environmental Impacts are mitigated and avoided through project development
where possible
o Disclosure of environmental impacts to the "lead agency" (decision makers) and to
the public
o Public participation is the noticing requirements to the public and surrounding
agencies
o Courts are the ultimate arbitrators of CEQA interpretations
o CEQA only applies to discretionary projects
o What kinds of projects are Categorically Exempt, noticing requirements for
exemptions
o Negative Declaration-Initial Study indicates that the project poses no environmental
impacts
o Mitigated Negative Declaration-Initial Study indicates that the project poses some
potential environmental impacts that can mitigated to be less than significant
o Environmental Impact Report-a more detailed report than an Initial Study,indicates
that there may be substantial evidence of environment impacts. The Report includes
technical reports and alternative solutions for the project to reduce the potential
impacts.
o The definition of Cumulative Impacts
o Project cumulative impacts vs Citywide EIR, specific plan or program area EIRs
o Documentation names-Notice of Preparation,Notice of Intent,Notice of Availability,
Notice of Determination
The Committee asked for training materials (a summary of the presentation) available to future
Committee members,a table showing statutory authority,and another table showing the noticing
requirements for CEQA documents throughout the life of a project.
A resident spoke about the need for multi-city collaboration for projects at the edges of the City
PUBLIC HEARING:
3. Subject: Development and Use Permits to allow the construction of a 155-room hotel,
Architectural and Site approval for a 155-room hotel, Development Agreement and General
Plan Amendment for hotel allocation, height and setbacks. A Mitigated Negative Declaration
is proposed. Application No(s): ASA-2018-02, DA-2018-01,DP-2018-01, GPA-2018-01,U-2018-
02 (EA-2018-03);Applicant(s): Sherly Kwok (De Anza Properties); Location: 10931 N De Anza
Blvd.APN#326-10-061
Recommended Action: Conduct the public hearing to determine: 1) that the proposed
mitigations are not in conflict with the City's General Plan; and 2) recommend to the City
Council the approval of the Mitigated Negative Declaration
❑ Geologic/Soils
o There will be a Stop Work Order in the construction documents should any remains
be discovered on site.The site will need to be cleared by a paleontologist before work
can continue.
o The soils report and geophysical survey did not indicate any hazardous contaminates
on site requiring mitigations
❑ Hydrology
o The developer will have to provide evidence that the completed hotel will not exhaust
the City's waste water systems
o The hotel meets all C3 requirements for storm water run off
❑ Trees/Landscaping
o A nesting survey will be required prior to the start of any planned construction during
the spring months
o No site trees are proposed to be removed, approximately 12 trees will be added to the
site
❑ Air Quality
o Standard mitigating measures will be in place during construction to reduce dust and
exhaust
o Dust from the construction trucks entering and leaving the site will need managed
o The developer will be required to pay a fee to "buy" voluntary carbon offsets (Green
House gases) as set and collected by the California Air Resources Board
❑ Archeological/Cultural
o There will be a Stop Work Order in the construction documents should any remains
or artifacts be discovered on site.The site will need to be cleared by an archeologist or
tribal representative before work can continue.
❑ Noise
o Any installed mechanical equipment will be required to meet the City's Noise
Ordinance
o The applicant is aware of the City's Noise Ordinance and permitted construction
hours
ACTION:Find that the proposed mitigations are not in conflict with the City's General Plan;and
recommend that the City Council approve a Mitigated Negative Declaration for EA-
2018-03 and associated applications
MOTION: Ben Fu
SECOND: Chad Mosley
NOES: none
VOTE: 4-0-1 (Paul absent)
OLD BUSINESS: None
NEW BUSINESS: None
STAFF AND COMMITTEE REPORTS
The City held a meeting at the Lehigh Cement Plant regarding their permits,reclamation
project,violations. City Staff, County Staff and various Local and State agency Staff were in
attendance.
ADJOURNMENT
Respectfully submitted,
Beth Ebben
Deputy Board Clerk