CC Resolution No. 22-007 (EA-2020-001) Adopting the Mitigated Negative DeclarationCUPERTINO
OFFICE OF THE CITY ATTORNEY
CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION
20410 TOWN CENTER LANE, STE 210• CUPERTINO, CA 95014
TELEPHONE: (408) 777-3403 • FAX: (408) 777-3401
ATTORNEY-CLIENTCOMMUNICATION
ATTORNEY WORK PRODUCT
PRIVILEGED & CONFIDENTIAL
TO: Kirsten Squarcia, City Clerk
FROM: Christopher D. Jensen, City Attorney
DATE: February 7, 2022
SUBJECT: Correction of Resolution No. 22-007
Following adoption of Resolution No. 22-007 by the Cupertino City Council, a
typographical/clerical error was discovered. In the Resolution, the parcel number of the
property that is the subject of the Resolution should 342-14-066, not 341-14-066.
This correction may be made administratively and does not require further action by
the Cupertino City Council. This memorandum should be appended to Resolution No.
22-007 to clarify the administrative record.
RESOLUTION NO. 22-007
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION
MEASURES, AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE DEVELOPMENT OF A NINE (9) UNIT SINGLE-
FAMILY HOME DEVELOPMENT AND ONE ACCESSORY DWELLING
UNIT (ADU) LOCATED 22690 STEVENS CREEK BOULEVARD
(APN: 342-14-066, 342-14-104 & 105)
SECTION I: PROTECT DESCRIPTION
Application No.: EA-2020-001
Applicant: Alan Enterprises LLC
Location: 22690 Stevens Creek Boulevard;
APN#s 342-14-066, 342-14-104 & 105
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of Cupertino received an application for a Zoning Map Amendment,
Development Permit, Architectural and Site Approval, Use Permit, and Tentative Map,
to allow the development of a nine (9) unit single-family home development with one (1)
home containing an Accessory Dwelling Unit (ADU) associated site and landscaping
improvements, and associated environmental review ("Project"); and,
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
Declaration ("Project"); and
WHEREAS, the Project is described in the June 2021 "Public Draft Initial Study for The
22690 Stevens Creek Project ("Draft IS/MND"); and
WHEREAS, on July 16, 2021 the City issued a Notice of Intent to Adopt a Mitigated
Negative Declaration; and
WHEREAS, on July 16, 2021the IS/MND for the project was distributed to responsible
agencies and the public for review and comment for a 20-day period that ended August
5, 2021; and
WHEREAS, the IS/MND concluded that significant environmental effects on Air Quality,
Biological Resources, Cultural Resources, Geology and Soils, Noise, Tribal Cultural
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Resolution No. 22-007
Page 2
Resources, and Utilities and Service Systems would be avoided or reduced to less -than -
significant levels by mitigation measures ("MM") identified in the IS/MND; 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-2020-001) and mitigation
measures; and
WHEREAS, the Planning Commission independently reviewed and considered the
IS/MND together with the comments and the responses to those comments prior to taking
action on the Project; and
WHEREAS, the comments received by the Planning Commission do not require major
revisions to the IS/MND due to new or substantially more severe significant effects on
the environment; and
WHEREAS, text revisions made after publication of the Draft IS/MND, which are found
in the October 2021 Final Draft Initial Study, merely clarify, amplify or make insignificant
modifications to the IS/MND, and recirculation of the IS/MND is not required.
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 4-1-0 (Wang no) 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, the City Council has held at least one public hearing and independently
reviewed and considered the IS/MND together with the comments and the responses to
those comments prior to taking action on the Project; and
WHEREAS, the comments received by the City Council do not require major revisions to
the IS/MND due to new or substantially more severe significant effects on the
environment; and
WHEREAS, on January 13, 2022 prior to taking action on the Project, 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.
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Resolution No. 22-007
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NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the IS/MND, comments on the IS/MND, maps, facts,
exhibits, testimony, staff reports, public comments, and other evidence submitted in this
matter, the City Council:
1. Finds that the IS/MND for the Project has been completed in compliance with CEQA
and reflects the independent judgment and analysis of the City.
2. Finds that, on the basis of the whole record before it, there is no substantial evidence
that the Project as proposed and mitigated will have a significant effect on the
environment.
3. Finds that the text revisions to the IS/MND merely clarify, amplify or make
insignificant modifications to the IS/MND; therefore, recirculation of the IS/MND is
not required.
4. Adopts the Mitigated Negative Declaration for the Project.
5. Adopts and incorporates into the Project all of the mitigation measures identified in
the IS/MND. The City Council further makes the mitigation measures, which are
listed below, required conditions of approval of the Project to the extent they are
within the responsibility and jurisdiction of the City:
a. AIR QUALITY
Mitigation Measure AQ-1: The project's construction contractor shall comply
with the following best management practices for reducing construction
emissions of fugitive dust (PM10 and PM2.5) as required by the Bay Area Air
Quality Management District Revised California Environmental Quality Act Air
Quality Guidelines:
• Water all active construction areas at least twice daily, or as often as needed
to control dust emissions. Watering should be sufficient to prevent airborne
dust from leaving the site. Increased watering frequency may be necessary
whenever wind speeds exceed 15 miles per hour. Reclaimed water should be
used whenever possible.
• Pave, apply water twice daily or as often as necessary to control dust, or
apply (non -toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites.
• Cover all trucks hauling soil, sand, and other loose materials.
• Sweep daily (with water sweepers using reclaimed water if possible) or as
often as needed all paved access roads, parking areas and staging areas at
the construction site to control dust.
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Resolution No. 22-007
Page 4
• Sweep public streets daily (with water sweepers using reclaimed water if
possible) in the vicinity of the project site, or as often as needed, to keep
streets free of visible soil material.
• Hydroseed or apply non -toxic soil stabilizers to inactive construction areas.
• Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed
stockpiles (dirt/sand).
• Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.
• Replant vegetation in disturbed areas as quickly as possible and water
appropriately until vegetation is established.
• Install sandbags or other erosion control measures to prevent silt runoff from
public roadways.
• 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.
Mitigation Measure AQ-2: During construction, the construction contractor(s)
shall:
• Use construction equipment that have engines that meet either the United
States Environmental Protection Agency (USEPA) or California Air
Resources Board (CARB) Tier 4 Interim emissions standards for off -road
diesel -powered construction equipment with more than 50 horsepower,
unless it can be demonstrated to the City of Cupertino Building Division that
such equipment is not available. Any emissions control device used by the
contractor shall achieve emissions reductions that are no less than what
could be achieved by Tier 4 Interim emissions standards for a similarly sized
engine, as defined by the CARB's regulations.
• Prior to issuance of any construction permit, ensure that all construction
plans submitted to the City of Cupertino Planning Department and/or
Building Division clearly show the requirement for Tier 4 Interim emissions
standards for construction equipment more than 50 horsepower.
• Maintain a list of all operating equipment in use on the project site for
verification by the City of Cupertino Building Division official or their
designee. The construction equipment list shall state the makes, models, and
number of construction equipment on site.
• Ensure that all equipment shall be properly serviced and maintained in
accordance with the manufacturer's recommendations.
• Communicate with all sub -contractors in contracts and construction
documents that all nonessential idling of construction equipment is
restricted to 5 minutes or less in compliance with CARB Rule 2449 and is
responsible for ensuring that this requirement is met.
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Mitigation Measure AQ-3: The project applicant shall install a vapor barrier
beneath the concrete foundation slab of the proposed residential buildings at the
project site to mitigate potential odor risks associated with concentration of non-
hazardous soil vapor contamination. This mitigation measure shall be identified
on the permit application drawing set and as part of the construction drawing
set, and shall be implemented by the on -site Construction Manager.
b. BIOLOGICAL RESOURCES
Mitigation Measure BI0-1: Nests of raptors and other birds shall be protected
when in active use, as required by the federal Migratory Bird Treaty Act and the
California Fish and Game Code. The construction contractor shall indicate the
following on all construction plans, if construction activities and any required
tree removal occur during the breeding season (February 1 and August 31).
• Preconstruction surveys shall:
• Be conducted by a qualified biologist prior to tree removal or grading,
demolition, or construction activities. Note that preconstruction surveys
are not required for tree removal or construction, grading, or demolition
activities outside the nesting period.
• Be conducted no more than 14 days prior to the start of tree removal or
construction.
• Be repeated at 14-day intervals until construction has been initiated in
the area after which surveys can be stopped.
• Document locations of active nests containing viable eggs or young
birds.
• Protective measures for active nests containing viable eggs or young birds
shall be implemented under the direction of the qualified biologist until the
nests no longer contain eggs or young birds, and the young have left the nest
and are foraging independently, or the nest is no longer active. Protective
measures shall include:
• Establishment of clearly delineated exclusion zones (i.e., demarcated by
identifiable fencing, such as orange construction fencing or equivalent)
around each nest location as determined by the qualified biologist,
taking into account the species of birds nesting, their tolerance for
disturbance and proximity to existing development. In general,
exclusion zones shall be a minimum of 300 feet for raptors and 75 feet
for passerines and other birds.
• Monitoring active nests within an exclusion zone on a weekly basis
throughout the nesting season to identify signs of disturbance and
confirm nesting status.
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Resolution No. 22-007
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• An increase in the radius of an exclusion zone by the qualified biologist
if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with the California Department of Fish and Wildlife.
c. CULTURAL RESOURCES
Mitigation Measure CULT-1: A representative from the Tamien Nation shall be
retained and permitted on -site at all times during ground disturbance (including
grading, demolition and/or construction) to monitor for potential prehistoric or
historic subsurface cultural resources. Notice shall be given to the Tamien Nation
in a manner requested by the Tamien Nation at least five (5) days before any
ground disturbing activity. Prior to ground disturbance activities, construction
workers conducting the ground disturbing activities shall undergo cultural
resource sensitivity training conducted by the on -site Tamien Nation
representative.
If any prehistoric or historic subsurface cultural resources are discovered during
ground -disturbing (including grading, demolition and/or construction) activities:
• All work within 50 feet of the resources shall be halted, the City shall be
notified, and a qualified archaeologist and Tamien Nation representative
shall be consulted. The contractor shall cooperate in the recovery of the
materials. Work may proceed on other parts of the project site while
mitigation for tribal cultural resources, historical resources or unique
archaeological resources is being carried out.
• The qualified archaeologist shall prepare a report for the evaluation of the
resource to the California Register of Historical Places and the City Building
Department. The report shall also include appropriate recommendations in
collaboration with a Tamien Nation representative regarding the significance
of the find and appropriate mitigations as follows:
• If the resource is a non -tribal resource, the archaeologist shall assess the
significance of the find'according to CEQA Guidelines Section 15064.5.
• If the resource is a tribal resource — whether historic or prehistoric — the
consulting archaeologist shall consult with the Tamien Nation to
evaluate the significance of the resource and to recommend appropriate
and feasible avoidance, testing, preservation, or mitigation measures, in
light of factors such as the significance of the find, proposed project
design, costs, and other considerations. If avoidance is infeasible, other
appropriate measures (e.g., data recovery) may be implemented.
• All significant non -tribal cultural materials recovered shall be, as necessary,
and at the discretion of the consulting archaeologist, subject to scientific
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analysis, professional museum curation, and documentation according to
current professional standards.
d. GEOLOGY AND SOILS
Mitigation Measure GEO-1: The construction contractor shall incorporate the
following in all grading, demolition, and construction plans:
• In the event that fossils or fossil -bearing deposits are discovered during
grading, demolition, or building, excavations within 50 feet of the find shall
be temporarily halted or diverted.
• The contractor shall notify the City of Cupertino Building Department and a
City -approved qualified paleontologist to examine the discovery.
• The paleontologist shall document the discovery as needed, in accordance
with Society of Vertebrate Paleontology standards (Society of Vertebrate
Paleontology 1995), evaluate the potential resource, and assess the
significance of the finding under the criteria set forth in CEQA Guidelines
Section 15064.5.
• The paleontologist shall notify the appropriate agencies to determine
procedures that would be followed before construction is allowed to resume
at the location of the find.
• If the project applicant determines that avoidance is not feasible, the
paleontologist shall prepare an excavation plan for mitigating the effect of
the proposed project based on the qualities that make the resource
important. The excavation plan shall be submitted to the City for review and
approval prior to implementation.
e. NOISE
Mitigation Measure NOISE-1: The following shall be incorporated in all activity
phases and construction plans, as required by the Cupertino Municipal Code
(CMC). Construction activities shall take place only during daytime hours of 7:00
a.m. and 8:00 p.m. on weekdays and due to the close proximity of the adjacent
residential land use to the west, construction may occur on the weekends,
holidays or nighttime only if a special exception has been granted by the City. In
addition, the construction crew shall adhere to the following best management
practices:
• At least 90 days prior to the start of any construction, demolition or grading
activities, all off -site businesses and residents within 300 feet of the project
site will be notified of the planned activities. The notification will include a
brief description of the project, the activities that would occur, the hours
when activity would occur, and the construction period's overall duration.
The notification should include the telephone numbers of the contractor's
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authorized representatives that are assigned to respond in the event of a
noise or vibration complaint.
• The project applicant and contractors shall prepare and submit a
Construction Noise Control Plan to the City's Building Department and
Code Enforcement for review and approval prior to issuance of any grading,
demolition, and/or building permits. The Construction Noise Plan shall
demonstrate compliance with the 80-dBA limit in the CMC. The details of
the Construction Noise Control Plan, including those details listed herein,
shall be included as part of the permit application drawing set and as part of
the construction drawing set, shall be implemented by the on -site
Construction Manager, and shall include, but not be limited to, the following
available controls to comply with the 80 dBA performance standard:
• At least 10 days prior to the start of construction activities, a sign will be
posted at the entrance(s) to the job site, clearly visible to the public, which
includes permitted construction days and hours, as well as the telephone
numbers of the City's and contractor's authorized representatives that are
assigned to respond in the event of a noise or vibration complaint. If the
authorized contractor's representative receives a complaint, they will
investigate, take appropriate corrective action, and report the action to the
City.
• During the entire active construction period, equipment and trucks used for
project construction will utilize the best available noise control techniques
(e.g., improved mufflers, equipment re -design, use of intake silencers, ducts,
engine enclosures, and acoustically attenuating shields or shrouds),
wherever feasible.
• Include noise control requirements for equipment and tools, including
concrete saws, to the maximum extent feasible. Such requirements could
include, but are not limited to, erecting temporary plywood noise barriers
between construction areas and nearby sensitive receptors; performing work
in a manner that minimizes noise; and undertaking the noisiest activities
during times of least disturbance to nearby sensitive receptors.
• During the entire active construction period, stationary noise sources will be
located as far from sensitive receptors as possible, and they will be muffled
and enclosed within temporary sheds, or insulation barriers or other
measures will be incorporated to the extent feasible.
• During the entire active construction period, noisy operations will be
conducted simultaneously to the degree feasible in order to reduce the time
periods of these operations.
Resolution No. 22-007
Page 9
• Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior
to the start of the construction phase.
• Signs will be posted at the job site entrance(s), within the on -site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in
use for more than 5 minutes.
• During the entire active construction period and to the extent feasible, the
use of noise producing signals, including horns, whistles, alarms, and bells
will be for safety warning purposes only. The construction manager will use
smart back-up alarms, which automatically adjust the alarm level based on
the background noise level or switch off back-up alarms and replace with
human spotters in compliance with all safety requirements and laws.
Mitigation Measure NOISE-2: Mechanical equipment shall be selected and
designed to reduce impacts on surrounding uses to meet the Cupertino
Municipal Code noise limits of 60 dBA and 50 dBA at residential uses during
daytime and nighttime, respectively, and 65 dBA and 55 dBA at non-residential
sensitive uses during daytime and nighttime, respectively. A qualified acoustical
consultant shall be retained to review mechanical noise as these systems are
selected to determine specific noise reduction measures necessary to reduce
noise to comply 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; or
Locating equipment in less noise -sensitive areas, where feasible.
Mitigation Measure NOISE-3: If paving activity during construction is required
within 25 feet of nearby residential structures, the use of a static roller in lieu of a
vibratory roller shall be employed. Grading and earthwork activities within 15
feet of adjacent residential structures shall be conducted with off -road equipment
that is limited to 100 horsepower or less. This mitigation measure shall be
identified on the permit application drawing set and as part of the construction
drawing set, and shall be implemented by the on -site Construction Manager.
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Resolution No. 22-007
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f. TRIBAL CULUTRAL RESOURCES
Mitigation Measure TCR-1: Implement Mitigation Measure CULT-1.
g. UTILITIES AND SERVICE SYSTEMS
Mitigation Measure UTIL-1: No building permits shall be issued by the City for
the proposed Canyon Crossing Mixed -Use Project that would result in exceeding
the permitted peak wet weather flow capacity of 13.8 mgd through the Santa
Clara sanitary sewer system. The project applicant shall demonstrate, to the
satisfaction of the City of Cupertino and Cupertino Sanitary District (CSD), that
the proposed project would not exceed the peak wet weather flow capacity of the
Santa Clara sanitary sewer system by implementing one or more of the following
methods:
1. Reduce inflow and infiltration in the CSD system to reduce peak wet weather
flows; or
2. Increase on -site water reuse, such as increased grey water use, or reduce
water consumption of the fixtures used within the proposed project, or other
methods that are measurable and reduce sewer generation rates to acceptable
levels, to the satisfaction of the CSD.
The proposed project's estimated wastewater generation shall be calculated
using the generation rates used by the CSD in the Flow Modeling Analysis for the
Homestead Flume Outfall to the City of Santa Clara, prepared by Mark Thomas &
Co. Inc., dated December 6, 2019, unless alternative (i.e., lower) generation rates
achieved by the proposed project are substantiated by the project applicant based
on evidence to the satisfaction of the CSD. To calculate the peak wet weather
flow for a 10-year storm event, the average daily flow rate shall be multiplied by
a factor of 2.95 as required by CSD pursuant to their December 2019 flow
modeling analysis.
6. Adopts the Mitigation Monitoring and Reporting Program for the Project, as
amended, attached hereto as Exhibit EA-1, and incorporated herein by reference,
which incorporates all the mitigation measures identified in the Final IS/MND.
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Resolution No. 22-007
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PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 13th day of January, 2022 by the following vote:
Vote Members of the City Council
AYES:
Paul, Chao, Moore, Wei, Willey
NOES:
None
ABSENT:
None
ABSTAIN:
None
SIGNED:
/ / Z C/z,r z Z
Darcy Paul, ayor
Date
City of Cupe
ATTEST:
c".
1 /27/22
Kirsten Squarcia, City Clerk
Date
Exhibit EA-1
Mitigation Monitoring and Reporting Program
?2690 Stevens
Creek Blvd.
22690 Stevens Creek Blvd.
APN: 341-14-066, 342-14-104 & 105
OCTOBER 2021
I
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
AIR QUALITY
During the construction
Improvements
City of Cupertino
Mitigation Measure AQ-1: The project's construction contractor shall
and post -construction
related to these
Public Works and
comply with the following best management practices for reducing
phases, the project
measures shall
Building Departments
construction emissions of fugitive dust (PM10 and PM2.5) as required by
proponent shall be
be printed on
the Bay Area Air Quality Management District Revised California
responsible for
all construction
Environmental Quality Act Air Quality Guidelines:
implementing these
documents,
• Water all active construction areas at least twice daily, or as often as
measures, including
contracts, and
needed to control dust emissions. Watering should be sufficient to
improvements.
project plans
prevent airborne dust from leaving the site. Increased watering
and shall be reviewed by
frequency may be necessary whenever wind speeds exceed 15 miles
the Director of
per hour..Reclaimed water should be used whenever possible.
Community
• Pave, apply water twice daily or as often as necessary to control
Development and the
dust, or apply (non -toxic) soil stabilizers on all unpaved access
Director of Public Work
roads, parking areas, and staging areas at construction sites.
prior to the issuance of
• Cover all trucks hauling soil, sand, and other loose materials.
grading and/or building
• Sweep daily (with water sweepers using reclaimed water if
permits.
possible) or as often as needed all paved access roads, parking areas
and staging areas at the construction site to control dust.
• Sweep public streets daily (with water sweepers using reclaimed
water if possible) in the vicinity of the project site, or as often as
needed, to keep streets free of visible soil material.
• Hydroseed or apply non -toxic soil stabilizers to inactive
construction areas.
• Enclose, cover, water twice daily, or apply non -toxic soil binders to
exposed stockpiles (dirt/sand).
• Limit vehicle traffic speeds on unpaved roads to 15 miles per hour.
• Replant vegetation in disturbed areas as quickly as possible and
water appropriately until vegetation is established.
• Install sandbags or other erosion control measures to prevent silt
runoff from public roadways.
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
• 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.
Mitigation Measure AQ-2: During construction, the construction
Project proponent to ensure
Provide documentation
City of Cupertino
contractor(s) shall:
inclusion of these
demonstrating
Public Works,
• Use construction equipment that have engines that meet either the
requirements in all
compliance (i.e.
Planning, and
United States Environmental Protection Agency (USEPA) or
contracts and permit
specifications of vehicles
Building Departments
California Air Resources Board (CARB) Tier 4 Interim emissions
documents. Prior to the
and equipment) and on
standards for off -road diesel -powered construction equipment with
issuance of any
the construction
more than 50 horsepower, unless it can be demonstrated to the City
construction permit.
drawings clearly show
of Cupertino Building Division that such equipment is not
the requirement for
available. Any emissions control device used by the contractor shall
Level 3 Diesel
achieve emissions reductions that are no less than what could be
Particulate Filters
achieved by Tier 4 Interim emissions standards for a similarly sized
emissions standards for
engine, as defined by the CARB's regulations.
construction equipment
• Prior to issuance of any construction permit, ensure that all
over 50 horsepower.
construction plans submitted to the City of Cupertino Planning
Department and/or Building Division clearly show the requirement
for Tier 4 Interim emissions standards for construction equipment
more than 50 horsepower.
• Maintain a list of all operating equipment in use on the project site
for verification by the City of Cupertino Building Division official
or their designee. The construction equipment list shall state the
makes, models, and number of construction equipment on site.
• Ensure that all equipment shall be properly serviced and
maintained in accordance with the manufacturer's
recommendations.
• Communicate with all sub -contractors in contracts and construction
documents that all nonessential idling of construction equipment is
restricted to 5 minutes or less in compliance with CARB Rule 2449
and is responsible for ensuring that this requirement is met.
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
Mitigation Measure AQ-3: The project applicant shall install a vapor
Project proponent to ensure
Provide documentation
City of Cupertino
barrier beneath the concrete foundation slab of the proposed residential
inclusion of the
demonstrating
Planning and Building
buildings at the project site to mitigate potential odor risks associated with
requirement in all contracts
compliance.
Departments
concentration of non -hazardous soil vapor contamination. This mitigation
and permit documents.
measure shall be identified on the permit application drawing set and as
Prior to the issuance of any
part of the construction drawing set, and shall be implemented by the on-
construction permit.
site Construction Manager.
Mitigation Measure BIO-1: Nests of raptors and other birds shall be
Project proponent to add
If grading and/or tree
Community
protected when in active use, as required by the federal Migratory Bird
this to all construction
removal begins during
Development
Treaty Act and the California Fish and Game Code. The construction
plans and contracts to
the stated dates in the
Department
contractor shall indicate the following on all construction plans, if
ensure biologist conducts
mitigation measure, A
construction activities and any required tree removal occur during the
pre -construction surveys as
final report of nesting
breeding season (February 1 and August 31).
required.
birds, including any
• Preconstruction surveys shall:
protection measures,
• Be conducted by a qualified biologist prior to tree removal or
shallbe submitted tothe
grading, demolition, or construction activities. Note that
Director of Community
preconstruction surveys are not required for tree removal or
Development prior to
construction, grading, or demolition activities outside the
the start of demolition.
nesting period.
• Be conducted no more than 14 days prior to the start of tree
removal or construction.
• Be repeated at 14-day intervals until construction has been
initiated in the area after which surveys can be stopped.
• Document locations of active nests containing viable eggs or
young birds.
• Protective measures for active nests containing viable eggs or
young birds shall be implemented under the direction of the
qualified biologist until the nests no longer contain eggs or young
birds, and the young have left the nest and are foraging
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
independently, or the nest is no longer active. Protective measures
shall include:
• Establishment of clearly delineated exclusion zones (i.e.,
demarcated by identifiable fencing, such as orange
construction fencing or equivalent) around each nest location
as determined by the qualified biologist, taking into account
the species of birds nesting, their tolerance for disturbance and
proximity to existing development. In general, exclusion
zones shall be a minimum of 300 feet for raptors and 75 feet
for passerines and other birds.
• Monitoring active nests within an exclusion zone on a weekly
basis throughout the nesting season to identify signs of
disturbance and confirm nesting status.
• An increase in the radius of an exclusion zone by the qualified
biologist if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced
by the qualified biologist only in consultation with the
California Department of Fish and Wildlife.
• Monitoring active nests within an exclusion zone on a weekly basis
throughout the nesting season to identify signs of disturbance and
confirm nesting status.
• An increase in the radius of an exclusion zone by the qualified
biologist if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the
qualified biologist only in consultation with California Department
of Fish and Wildlife.
• The protection measures shall remain in effect until the young have
left the nest and are foraging independently or the nest is no longer
active.
Mitigation Measure CULT-1: A tribal representative shall be permitted
During site excavation, the
All
Community
on -site at all times during round disturbance (including grading,
project proponent shall be
archaeolo icalmonitorin
Development Public
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
demolition and/or construction) to monitor for potential prehistoric or
responsible for
g andreporting
Works & Building
historic subsurface cultural resources. Notice shall be given to the Tribe in
implementation
measures shallbe
Department
a manner requested by the Tribe at least 48 hours before any ground
ofArchaeological
included inall
disturbing activity. Prior to ground disturbance activities, construction
monitoring. Monitoring
construction documents,
workers conducting the ground disturbing activities shall undergo
shall be conducted during
and construction
cultural resource sensitivity training conducted by the on -site tribal
earthmoving activities by a
management plans,
representative.
qualified archaeologist.
contracts, andproject
During construction, the
plans and shall be
If any prehistoric or historic subsurface cultural resources are discovered
project proponent and
reviewed by the
during ground -disturbing (including grading, demolition and/or
contractor shall
CommunityDevelopmen
construction) activities:
beresponsible for
t Department
• All work within 50 feet of the resources shall be halted, the City
notification of
shall be notified, and a qualified archaeologist and tribal
anydiscoveries.
representative shall be consulted. The contractor shall cooperate in
the recovery of the materials. Work may proceed on other parts of
the project site while mitigation for tribal cultural resources,
historical resources or unique archaeological resources is being
carried out.
• The qualified archaeologist shall prepare a report for the evaluation
of the resource to the California Register of Historical Places and
the City Building Department. The report shall also include
appropriate recommendations in collaboration with a tribal
representative regarding the significance of the find and
appropriate mitigations as follows:
• If the resource is a non -tribal resource, the archaeologist shall assess
the significance of the find according to CEQA Guidelines Section
15064.5.
• If the resource is a tribal resource — whether historic or prehistoric —
the consulting archaeologist shall consult with the appropriate
tribe(s) to evaluate the significance of the resource and to
recommend appropriate and feasible avoidance, testing,
Mitigation Measure
Timeframe and
Method of Compliance
Oversight of
Responsibility for
Implementation
Implementation
preservation, or mitigation measures, in light of factors such as the
significance of the find, proposed project design, costs, and other
considerations. If avoidance is infeasible, other appropriate
measures (e.g., data recovery) may be implemented.
• All significant non -tribal cultural materials recovered shall be, as
necessary, and at the discretion of the consulting archaeologist,
subject to scientific analysis, professional museum curation, and
documentation according to current professional standards.
Mitigation Measure TCR-1: Implement Mitigation Measure CULT-1.
During site excavation, the
All
Director of
project proponent shall be
archaeologicalmonitorin
CommunityDevelopm
responsible for
g andreporting
ent, Public Works &
implementation of
measures shallbe
Building Department
Archaeological monitoring.
printed onall
Monitoring shall be
construction documents,
conducted during
contracts, andproject
earthmoving activities by a
plans and shall be
qualified archaeologist.
reviewed by the Director
During construction, the
ofCommunityDevelopm
project proponent and
ent
contractor shall be
responsible for notification
of any discoveries.
Mitigation Measure GEO-1: The construction contractor shall incorporate
At the construction phase,
All attenuation
City of Cupertino
the following in all grading, demolition, and construction plans:
the project proponent and
measures shall be
Public Works &
• Inthe event that fossils or fossil -bearing deposits are discovered
contractor shall be
printed on construction
Building Department
during grading, demolition, or building, excavations within 50
responsible for completing
documents, contracts,
feet of the find shall be temporarily halted or diverted.
all improvements.
construction
management plan, and
• The contractor shall notify the City of Cupertino Building
project plans and
Department and a City -approved qualified paleontologist to
reviewed by the Director
examine the discovery.
of Public Works prior to
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
• The paleontologist shall document the discovery as needed, in
issuance of grading
accordance with Society of Vertebrate Paleontology standards
and/or building permits.
(Society of Vertebrate Paleontology 1995), evaluate the potential
resource, and assess the significance of the finding under the
criteria set forth in CEQA Guidelines Section 15064.5.
• The paleontologist shall notify the appropriate agencies to
determine procedures that would be followed before construction
is allowed to resume at the location of the find.
• If the project applicant determines that avoidance is not feasible,
the paleontologist shall prepare an excavation plan for mitigating
the effect of the proposed project based on the qualities that make
the resource important. The excavation plan shall be submitted to
the City for review and approval prior to implementation.
Mitigation Measure NOISE-1: The following shall be incorporated in all
At the construction phase,
All attenuation
City of Cupertino
activity phases and construction plans, as required by the Cupertino
the projectproponent
measures shall be
Public Works, and
Municipal Code (CMC). Construction activities shall take place only
andcontractor shall
printed on
Planning and Building
during daytime hours of 7:00 a.m. and 8:00 p.m. on weekdays and due to
beresponsible
constructiondocuments,
Department
the close proximity of the adjacent residential land use to the west,
forcompleting
contracts, construction
construction may occur on the weekends, holidays or nighttime only if a
allimprovements.
management plan,
special exception has been granted by the City. In addition, the
andproject plans and
construction crew shall adhere to the following best management
reviewed by the Director
practices:
of PublicWorks prior
• At least 90 days prior to the start of any construction, demolition
toissuance of grading
or grading activities, all off -site businesses and residents within
and/or building permits.
300 feet of the project site will be notified of the planned activities.
The notification will include a brief description of the project, the
activities that would occur, the hours when activity would occur,
and the construction period's overall duration. The notification
should include the telephone numbers of the contractor's
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
authorized representatives that are assigned to respond in the
event of a noise or vibration complaint.
• The project applicant and contractors shall prepare and submit a
Construction Noise Control Plan to the City's Building
Department and Code Enforcement for review. and approval prior
to issuance of any grading, demolition, and/or building permits.
The Construction Noise Plan shall demonstrate compliance with
the 80-dBA limit in the CMC. The details of the Construction
Noise Control Plan, including those details listed herein, shall be
included as part of the permit application drawing set and as part
of the construction drawing set, shall be implemented by the on -
site Construction Manager, and shall include, but not be limited
to, the following available controls to comply with the 80 dBA
performance standard:
• At least 10 days prior to the start of construction activities, a sign
will be posted at the entrance(s) to the job site, clearly visible to
the public, which includes permitted construction days and hours,
as well as the telephone numbers of the City's and contractor's
authorized representatives that are assigned to respond in the
event of a noise or vibration complaint. If the authorized
contractor's representative receives a complaint, they will
investigate, take appropriate corrective action, and report the
action to the City.
• During the entire active construction period, equipment and
trucks used for project construction will utilize the best available
noise control techniques (e.g., improved mufflers, equipment re-
design, use of intake silencers, ducts, engine enclosures, and
acoustically attenuating shields or shrouds), wherever feasible.
• Include noise control requirements for equipment and tools,
including concrete saws, to the maximum extent feasible. Such
requirements could include, but are not limited to, erecting
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
temporary plywood noise barriers between construction areas and
nearby sensitive receptors; performing work in a manner that
minimizes noise; and undertaking the noisiest activities during
times of least disturbance to nearby sensitive receptors.
• During the entire active construction period, stationary noise
sources will be located as far from sensitive receptors as possible,
and they will be muffled and enclosed within temporary sheds, or
insulation barriers or other measures will be incorporated to the
extent feasible.
• During the entire active construction period, noisy operations will
be conducted simultaneously to the degree feasible in order to
reduce the time periods of these operations.
• Select haul routes that avoid the greatest amount of sensitive use
areas and submit to the City of Cupertino Public Works
Department for approval prior to the start of the construction
phase.
• Signs will be posted at the job site entrance(s), within the on -site
construction zones, and along queueing lanes (if any) to reinforce
the prohibition of unnecessary engine idling. All other equipment
will be turned off if not in use for more than 5 minutes.
• During the entire active construction period and to the extent
feasible, the use of noise producing signals, including horns,
whistles, alarms, and bells will be for safety warning purposes
only. The construction manager will use smart back-up alarms,
which automatically adjust the alarm level based on the
background noise level or switch off back-up alarms and replace
with human spotters in compliance with all safety requirements
and laws.
Mitigation Measure NOISE-2: Mechanical equipment shall be selected
At the construction phase,
At the construction
City of Cupertino
and designed to reduce impacts on surrounding uses to meet the
the project proponent and
phase, the project
Public Works, and
10
Mitigation Measure
Timeframe and
Method of Compliance
Oversight of
Responsibility for
Implementation
Implementation
Cupertino Municipal Code noise limits of 60 dBA and 50 dBA at
contractor shall be
proponent and
Planning and Building
residential uses during daytime and nighttime, respectively, and 65 dBA
responsible for completing
contractor shall be
Department
and 55 dBA at non-residential sensitive uses (i.e., the Cupertino Hotel)
all improvements.
responsible for
during daytime and nighttime, respectively. A qualified acoustical
completing all
consultant shall be retained to review mechanical noise as these systems
improvements.
are selected to determine specific noise reduction measures necessary to
reduce noise to comply 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.
Mitigation Measure NOISE-3: If paving activity during construction is
At the construction phase,
All attenuation
City of Cupertino
required within 25 feet of nearby residential structures, the use of a static
the projectproponent
measures shall be
Public Works, and
roller in lieu of a vibratory roller shall be employed. Grading and
andcontractor shall
printed on
Planning and Building
earthwork activities within 15 feet of adjacent residential structures shall
beresponsible
constructiondocuments,
Department
be conducted with off -road equipment that is limited to 100 horsepower or
forcompleting
contracts, construction
less. This mitigation measure shall be identified on the permit application
allimprovements.
management plan,
drawing set and as part of the construction drawing set, and shall be
andproject plans and
implemented by the on -site Construction Manager.
reviewed by the Director
of PublicWorks prior
toissuance of grading
and/or building permits.
Mitigation Measure UTIL-1: No building permits shall be issued by the
Prior to the issuance of any
Demonstrate that the
Department of Public
City for the proposed Canyon Crossing Mixed -Use Project that would
construction permit.
proposed hotel would
Works and Cupertino
result in exceeding the permitted peak wet weather flow capacity of 13.8
not exceed the peak
Sanitary District
mgd through the Santa Clara sanitary sewer system. The project applicant
weather flow capacity of
shall demonstrate, to the satisfaction of the City of Cupertino and
11
Mitigation Measure
Timeframe and
Responsibility for
Implementation
Method of Compliance
Oversight of
Implementation
Cupertino Sanitary District (CSD), that the proposed project would not
the Santa Clara sanitary
exceed the peak wet weather flow capacity of the Santa Clara sanitary
sewer.
sewer system by implementing one or more of the following methods:
1. Reduce inflow and infiltration in the CSD system to reduce peak wet
weather flows; or
2. Increase on -site water reuse, such as increased grey water use, or
reduce water consumption of the fixtures used within the proposed
project, or other methods that are measurable and reduce sewer
generation rates to acceptable levels, to the satisfaction of the CSD.
The proposed project's estimated wastewater generation shall be
calculated using the generation rates used by the CSD in the Flow Modeling
Analysis for the Homestead Flume Outfall to the City of Santa Clara, prepared
by Mark Thomas & Co. Inc., dated December 6, 2019, unless alternative
(i.e., lower) generation rates achieved by the proposed project are
substantiated by the project applicant based on evidence to the satisfaction
of the CSD. To calculate the peak wet weather flow for a 10-year storm
event, the average daily flow rate shall be multiplied by a factor of 2.95 as
required by CSD pursuant to their December 2019 flow modeling analysis.
12