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HomeMy WebLinkAbout17. Vallco Noise "I ~)-' ~ . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 CUPEIQ1NO DEP AR1MENT OF ADMINISTRATIVE SERVICES SUMMARY Agenda Item No: I Î Meeting Date: January 3,2006 SUBJECT AND ISSUE Consideration of a request by Vallco to approve a five-month, 24-hour construction schedule for the new AMC Theaters as required by Section 10.48.031 of our Noise Control Ordinance. BACKGROUND Vallco has requested a five-month, 24-hour construction schedule for build out of the new AMC Theaters. This request is unusual for the city due to the length of the request, the safety issues while the mall is open and the noise associated with the steel construction. The work is scheduled to start on January 4th with an estimated completion date of May 31 st. The work will be conducted Monday through Saturday in two shifts, with the steel construction occurring between the hours of 10pm to 6am and the bolt, rack and welding crews working during the day. This schedule has been proposed to help mitigate any safety issues with the occupied mall and its patrons. Both DPR Construction and its sub-contractors will perfonn daily safety inspections. The goal will be to minimize the noise levels whenever possible. The equipment will be staged on Wolfe and the majority of the work will be conducted from this site. We are told that only one week of work will be necessary on the west side of the mall closest to the neighborhood. Mall security staff will provide overnight patrols throughout the complex and specifically focus on the areas closest to residential sites. In addition, employee parking for the nighttime work will be limited to the existing Rose Bowl site on the south side of Wolfe Road. As required by our Community Noise Control Ordinance, the City notified owners and/or occupants of properties within a 1,000-foot radius of the mall on December 12, 2005. Staff will provide a summary of citizen comments generated from that notice at the Council meeting. In addition, Vallco management confinned that Menlo Equities has agreed to include this noise disclosure in their sale documents. Attached is a map of the complex and the proposed construction phases. Printed on Recycled Paper If-I RECOMMENDATION Staff recommends that the City Council approve a five-month, 24-hour construction schedule for the new AMC Theaters as required by Section 10.48.031 of our Noise Control Ordinance. Submitted by: Approved for submission: ~ a&wndJ Carol A. Atwood Director of Administrative Services ~ David W. Knapp City Manager /,-2. ! I WOLF ROAD PERSPECTIVE SHEET A02 PARK VALLCO FASHION (uo"""o,<:,"lo" Lg~};;~~~}K ""N'R]~")-"[ ~ ~ Perkowitz+ Ruth L- ..RCH,T!(! -...J \ \..N CŒ ihJ DIo t/:n Grace Schmidt From: Carol Atwood Sent: Tuesday, January 03, 2006 2:35 PM To: City Clerk . Subject: FW: Jan. 3rd Council Agenda Item 17 For the meeting tonight -----Original Message----- From: Darryl Stow [mailto:darryl_s@pacbell.net] Sent: Tuesday, January 03,2006 1:30 PM To: Richard Lowenthal; Kris Wang; Patrick Kwok2; Dolly Sandoval2; Orrin Mahoney Cc: David Knapp; christine@cupertino-chamber.org Subject: Jan. 3rd Council Agenda Item 17 Honorable Mayor and Members of the Cupertino City Council: This is regard to Item 17 on tonight's Council agenda; a request from Vallco to approve a 5 month, 24 hour construction schedule for the new AMC theaters. It is easy to understand how neighbors of the Vallco property would be concerned about the noise involved in this construction project. No one likes to have their sleep disturbed. But the economic issue to the City is so important that we urge Council to approve this request. It is our understanding that if steel work on the new theaters cannot be performed at night while the mall is closed, it will be impossible to meet the present construction schedule. This, in turn, will allow businesses that have already signed leases for new stores in the Vallco Mall to be released from those leases. And, of course, every retail store that backs out of a Vallco lease, means a loss of sales tax revenue to the city. The Council has worked very hard to see Vallco re-energized and once again be a significant generator of sales tax revenue for the city. The temporary inconvenience to the neighbors pales in comparison to the potential harm to the City if Vallco's economic potential is not realized. Hopefully, Vallco has made an attempt to compensate the neighbors for the inconvenience with such things as gift certificates and future movie passes. There also may be some areas where some type of mitigation can be make to reduce the impact on the neighborhood. We are sure the neighbors will be out in force tonight to try and pressure the Council to turn down this request. But, once again, we urge you to do what is right for the long term economic health of the City vs. a short term inconvenience to a few neighbors. Thank you for your consideration. Darryl and Dorothy Stow 1/3/2006 VallCO NOise Exemption Citizen Concerns Concern cannot stop what is going on In Cupertino so please do not bother me with ani new disorder decisions nfo/Phone Number None provided Contact Name/Address f safety is an issue then why were steel beams placed In the ceiling of the shopping center where the construction has already started and where Eeople currently~ walk under them? - - ed nuccinelilâ>sbcalobaLnet Ms. Ida Nyberg 10211 E. Estates Dr. 21 Ed Puccinel 10128 Denison Ave. 1 really_take 5 months of variance? Our entire neighborhood is already being asked to make sacrifices for the long term benefit of the city, t Wi to be opened in that time - The noise caused by the Vall co construction during the day is goingto be a major irritant, and the noise during the normal sleep hours between 10:00 Em. and 6:00 a.m. is too much to ask of this neighborhood Seriously consider allowinll the theaters to fai frame. 257-6703 31 Sue & Howard Trudeau 19821 Merritt Drive f\ ~~ - . --.1<.» , o IS' Feel that schedule, not safety is the drivinllissue In this request t will establish a precedent for their next exemption request, an exemption for noise associated with around the clock parking structure construction Vallco Noise Exemption Citizen Concerns Concern Can you provide some Information about the noise levels that will be generated by this work b}' providing some estimated decibel levels? Info/Phone Number m ichael. Dvle!âJbinaham .com Contact Name/Address 41 Michael & Gail P}IIe the west side - Couldn't done over a longer [Jeriod? One week of work that is required to be done on this work be done during the day time or chibanmanasan(â)hotmaiLcom Vall co's concern is for the "safety issues with the occupied mall and its patrons" - why were cranes used during the Christmas break lifting walls while it was raining and windy? 51 Janice & John Ishi Merritt Drive the night before Why is this issue being addressed to the City Counci "the work is proposed to start on January 4,2006." The noise associated with the construction of the steel erection wi oni}' be magnified during the night. f "both DPR Construction and its sub-contractors will perform daily safety inspections", why weren't measures taken to prevent part of the ceiling in Vallco from falling onto the mall floor b}' the card store? not only_ be an inconvenience but I Five months of interrupted sleefJ wi a [Jotential health detriment t a day construction noise is too much be disturbed by this construction noise. Need to slee[J1 Five months of 24 hour Wi 666-4180 or 441-1001 61George Wang SiliconNetsys Inc. 100 Century Center Ct.. Suite 400 San Jose, CA 95112 Vallco Noise Exemption Citizen Concerns Name/Address Contact Info/Phone Number Concern 7 Eleanor & Harvey Incerpi None provided We do not need to hear construction noise at night. 10570 Deodara Drive 8 T.C. Chang tcwhanq@vahoo.com They don't give a damn about neighbor's privacy; the only thing they care about is how to make money. 9 Rahui Vadodkar rahulsv@vahoo.com The length of exemption is too long. Merritt Drive The notice doesn't talk about any discussion with and approval from Planning Commission about the nosie problem. . Did Vailco management provide details on noise abatemenUsuppression measures they plan to em ploy? Anticipated noise levels in dSAs? How the noise level will be monitored? There is no guarantee that this night time construction will not impact the safety of the community. 10 Sean and Sherry Huang Strongly oppose the exemption. The construction noise has become a Denison Avenue health hazard to our neighborhood. Not safe for any construction worker working nightly either. an Concern Five months is annoying to me and extremely unreasonable for exception to the noise ordinance What alternatives were considered besides an exem~tion? to relocate the few remaining when the prolect was conditions? What happens if construction on the ~est side of the mall goes longer than one week? this exemption, why Vallco developer doesn't issue at the beginnin\[ of construction? f safety is an issue for see this im ~ortant chi629@vahoo.com Vall co NOise Exemption Citizen Concerns Name/Address 11 Gary Phipps 10370 N. Portal Ave. ~ 12 Patty Chi Norich Ave. Info/Phone Number Contact Why didn't Vallco management plan tenants to safer areas of the shopping center conceived? Are there any limits or f safety is so important, why developer leaves construction equipment ·fting in the air during shopping season and in rain/windy days? Who can 100% guarantee that there is not another exemption request in May? It also states only one week of work will be at west side of mall. Who can be sure it is only one week work? What plan Has city or developer done any noise test for night time shift? does developer have to minimize noise? The 24 hours a day and 6 days a week noise would make everyone in the nei\[hborhood unhealthy. Vallco Noise Exemption Citizen Concerns Name/Address Contact Info/Phone Number Concern 13 Sharon Hempi 650-966-6329 Noise would disturb children sleeping at night. 10389 Denison Noise would disturb dogs in the neighborhood. Consider a compromise to work ti19:00 or 10:00 p.m. in the evenino.