CC Resolution No. 22-082 approving a modification to Mitigation Measure NOISE-1 for 10625 S. Foothill Boulevard (Canyon Crossing Mixed-Use Project)RESOLUTION N0. 22-082
A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING
MITIGATION MEASURE NOISE-I FOR THE MIXED-USE DEVELOPMENT
(CANYON CROSSING) AT 10625 SOUTH FOOTHILL BOULEVARD
(APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: EA-2018-06
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088)
SECTION II: ENVIRONMENT AL REVIEW PROCESS
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA
Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative
Dedaration ("Project"); and
WHEREAS, on October 28, 2021, the City of Cupertino's Environmental Review
Committee held a duly noticed public hearing to receive public testimony and reviewed
and considered the information contained in the Draft IS/MND, and voted 5-0-0 to
recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation
measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public
hearing, and recommended on a 5-0-O vote, based on substantial evidence in the record,
that the City Council adopt the MND, adopt and incorporate into the Project and
implement as conditions of approval all of the mitigation measures for the project that
are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting
Program for the Project; and
WHEREAS, on January 13, 2022 the City Council held a duly noticed public hearing to
receive staff's presentation and public testimony, and to further consider the information
contained in the IS/MND, along with all staff reports, other pertinent documents, and all
written and oral statements received prior to and at the public hearing and voted 5-0-0 to
Resolution No. 22-082
Page 2
approve Resolution No. 22-001 on January 13, 2022 to adopt a Mitigated Negative
Declaration for the development of a new mixed-use development consisting eighteen
(18) residential units and 4,500 sq. ft. of commercial with associated site and landscaping
improvements ("Project"); and
WHERAS, the adopted MND for the project incorporates a mitigation measure to address
impacts from construction noise (Mitigation Measure NOISE-1), which provides that the
applicant is required to notify all off-site businesses and residents within 300 feet of the
project site of the planned activities at least 90 days prior to the start of any construction,
demolition, or grading activities to inform affected neighbors about the activity; and
WHEREAS, the City of Cupertino City Council enacted Ordinance 21-2232 to add
Chapter 17.04 (Standard Environmental Protection Requirements) to the Cupertino
Municipal Code on November 2, 2021; and
WHEREAS, a provision of Ordinance 21-2232, Cupertino Municipal Code Section
17.04.050(G)(1)(a), requires that, at least 10 days prior to the start of any demolition,
ground disturbing, or construction activity, the project applicant must send notices of the
planned activity to off-site businesses and residents, and that the notice must be sent to
properff owners within 500 feet of the project site for this Project; and
WHEREAS, the Project applicant has requested that the Project comply with Cupertino
MuniCipal COde SeCtiOn 17.04.050(G)(1)(a) in lieu Of the approved Mitigation Measure
NOISE-'I; and
WHEREAS, in considering the request for the Project to comply with construction noise
noticing requirements in Section 17.04.050(G)(1)(a) in lieu of approved Mitigation
Measure NOISE-1, the City Council finds that none of the conditions set forth in 14 Cal.
Code Regs. Section 15162(a) that would require the preparation of a subsequent
Mitigation Negative Declaration or Environmental Impact Report are present, and the
preparation of an EIR addendum satisfies all applicable CEQA requirements.
WHEREAS, City Council has requested that the 10-day notice period per CMC Chapter
17.04.050(G)(1)(a) be revised to a 14-day notice period.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration, the City Council, in accordance with in 14 Cal. Code
Regs. Section 15162, amends Mitigation Measure NOISE-I for the Project to be consistent
with CMC Chapter 17.04.050(G)(1)(a), with the exception that the 10-day notice period be
revised to a 14-day notice period.
Resolution No. 22-082
Page 3
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 7'h day of July, 2022 by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
(;>7 // 3 / z_ (, 2_
DCI:atrcyOfPCauupl,ehnO '
Date
ATTEST:
7 / T 5 /'2-1
Kirsten Squarcia, eity Clerk Date