CC Resolution No. 22-081 approving a modification to Mitigation Measure NOISE-1 for 22690 Stevens Creek Boulevard (Alan Row)RESOLUTION N0. 22-081
A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING
MITIGATION MEASURE NOISE-I FOR THE DEVELOPMENT (ALAN
ROW) AT 22690 STEVENS CREEK BOULEV ARD
(APN: 342-14-066, 342-14-104 & 105)
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
EA-2020-001
Alan Enterprises, LLC.
22690 Stevens Creek Boulevard;
APNs # 342-14-066, 342-14-104 & 105
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
Declaration ("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-2020-001) 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 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, 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
Resolution No. 22-082
Page 2
written and oral statements received prior to and at the public hearing and voted 5-0-0 to
approve Resolution No. 22-007 to adopt a Mitigated Negative Dedaration for the
development of nine-unit single-family homes and one accessory dwelling unit
("Project") at 22690 Stevens Creek Boulevard; and
WHERAS, the adopted MND for the projectincorporates amitigationmeasure to address
impacts from construction noise (Mitigation Measure NOISE-I), 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, 202':L; 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 dishirbing, 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
properFy 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-I, 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. 22-081
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:
NOES:
Paul, Chao, Moore, Wei, Willey
None
ABSENT: None
ABSTAIN: None
SIGNED:
(;>7 /i5/z_bz-z
D"arcy Paul,€ '
City of Cupertino
Date
ATTEST:
A,-.,'A:g I / / r /,_1_-
K!\;terJSquarc:&ity Clerk Date