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1991 Notices of DeterminationD A R E At" JK NOTICE OF DETERMMTION Application 16 -TM -90 Sobrato Development Companies At their meeting of May 6, 1991, the City Council of the City of Cupertino considered an application for a vesting tentative map filed by Sobrato Development Companies. The project is located on the east side of North DeAnza Boulevard between 1-280 and Mariani Avenue. The project is described as a vesting tentative imp to create a sim unit subdivision with parcels ranging in size from 0.6 acre to 1 acres with one additional lot held an commn ownership. I The decision of the City Council was to approve said project. The Planning Commission, by filing a Negative Declaration on this project on June 5, 1991 has determined that the project will not have a significant impact upon the environment and therefore, no Environmental Impact Report has been prepared. The Negative Declaration has been prepared pursuant to the provision of State and City guidelines. A copy of said Negative Declaration is available in the office of the City Clerk, 10300 Torre Avenue, Cupertino, California. C- C:: t - ON %0 %0 C -- Dorothy CorJ6lius,, CMC City Clerk City of Cupertino %0 C- C:: t - ON %0 %0 Brady and Associates, Inc. City of Cupertino September 20, 1990 Computer Science Center Initial Study Appendices Page E-1 LITIGATION MONITORING AND R . EPORTING PROGRAM Developed for the City of Cupertino SOBRATO/APPLE COMPUTER SCIENCE CENTER PROJECT Prepared by.• Brady and Associates, Inc. September 1990 Computer Science Center Initial Study Brady and Associates, Inc. Appendices City of Cupertino Page E-2 September 20, 1990 Brady and Associates, Inc. City of Cupertino September 20, 1990 Introduction Computer Science Center Initial Study Appendices Page E-3 j The following Mitigation Monitoring Program has been prepared to comply with the requirements of AB 3180 which applies to the adoption of Negative Declarations and to the adoption of find- ings when an EIR is adopted. State law requires the adoption of a reporting or monitoring pro- gram when project changes are adopted, or made conditions of approval, so as to avoid or miti- gate significant impact. The monitoring program requirement is intended to ensure compliance during project implementation and during the life of the project. AB 3180 also authorizes juris- dictions to levy fees on project applicants to fund the monitoring program. This program briefly summarizes significant impacts from the Initial Study and corresponding mitigation measures which have been developed to avoid or reduce identified impacts to a less - than -significant level; it specifies the agency or individual responsible for implementing; specifies when the mitigation measure and/or monitoring should occur; indicates who should pay for the mitigation; and sets a standard or criterion by which successful implementation can be judged. This Draft Mitigation Monitoring Program has been formulated based on the findings of the ex- panded Initial Study prepared for the project. The Monitoring Program could be amended, or additional monitoring could be required based on conditions of approval attached by the City Council. Computer Science Center Initial Study Brady and Associates, Inc. Appendices City of Cupertino Page E-4 September 20, 1990 k r Brady and Associates, Inc. City of Cupertino September 20, 1990 • NOISE IMPACTS Computer Science Center Initial Study Appendices Page E-5 IMPACT: Construction noise levels projected to be up to 10 dB in excess of peak noise level standards of the Cupertino Noise Ordinance. MITIGATION MEASURE: a) Maintain demolition and construction equipment, including mufflers, in good working condition. b) Notify nearby residents of construction and demolition operations and of the potential for occasional noise generation. c) Limit demolition and earth -moving operations to daytime hours (7:00 a.m. to 8:00 p.m.) and to weekdays. d) Demolition and construction activities should proceed generally in a clockwise direction, starting in the west, to allow existing structures to serve as a noise buffer. Agency or Individual Responsible for Implementing: Project developer with City oversight/coordination. Timing: Timing specifications in work program below. Monitoring Work Program: a) Project developer should inform demolition and earth- moving operators of the need to have all equipment in good working order and of hour and day operational restrictions. If the City receives any complaints regarding project noise, noise monitoring should be performed (either by qualified City staff, or by an acoustical engineer). If noise levels are found to be above typical noise levels for equipment, as listed in Section B of the Initial Study, the developer should be required to have all equipment checked and serviced as needed. b) and c) The City should provide the developer with the addresses of all residences along both sides of Larry Way, north of Mariani Avenue. These residences should receive written notification of the demolition and construction sched- ule (including permissible hours), at least one week prior to initiation. The notice should also include the name and phone number of a designated City contact person who should be called in the event of an ongoing nuisance. Only one notifica- Computer Science Center Initial Study Appendices Page E-6 Brady and Associates, Inc. City of Cupertino September 20, 1990 tion is required, unless the schedule changes. Residents should receive written notification of any schedule changes that would affect noise generation. d) The demolition schedule should be indicated on the final site plans submitted for City review. Funding: Project applicant will directly pay for notification of adjacent residents. City staff coordination should be funded by mitiga- tion monitoring fees. Standard for Success: Exterior noise levels during demolition and construction peri- ods should not exceed 64 dBA at any residence. IMPACT: Projected noise levels from the air conditioning cooling towers of 11-12 dB in excess of the Noise Ordinance limit at the resi- dential property line. MITIGATION MEASURE: a) The following measures would be required for cooling towers located near the I-280 property line (for the alternative where A/C ventilation equipment is located in the , building basements): - The cooling towers should be located in in -ground vaults at a depth to where the tops of the units are two feet below the above -ground surface elevation. The walls of the vaults shall be lined with IY2-inch-thick Pyrock acoustical wall treatment coated with Aquatreat water repellent. • The vault located 370 feet from the residential property line should be constructed with six -foot -high acoustically -effective barriers around three sides of the vault. The fourth, or open side should face De Anza Boulevard. The vault located 870 feet from the residential property line should be constructed to the same specifications as the vault described above; however, the noise barrier may be reduced from 6 feet to 2 feet in height. Brady and Associates, Inc. Computer Science Center Initial Study City of Cupertino Appendices September 20, 1990 Page E-7 b) The following measures would be required for cooling towers located within the penthouses (with the other A/C equipment): • The penthouses should be fully enclosed and ventilation openings should face De Anza Boulevard. Industrial Acoustics Company (IAC) Noishield or Slimshield acoustic louvers should be used in all penthouse ventilation openings. Agency or Individual Responsible for Implementing: Project developer with City oversight. Timing: Detailed cooling tower location information should be indi- cated on final site plans. Cooling tower noise levels should be monitored prior to issuance of occupancy permits. Mitigation Monitoring Program: City staff should review final site plans to ensure that the cooling tower location, height and materials specifications are indicated. All ventilation openings should be indicated and should face De Anza Boulevard. As suggested by the acousti- cal engineer, if the cooling towers are located in in -ground vaults, the height of the acoustic barrier will depend on the plan area of the vault opening. For every 2 -foot rise in the height of the vault floor, 2 feet should be added to the height of the noise barrier to a limit of a 10 -foot -high barrier. The barrier material should have a minimum surface weight of 2.0 lbs/sq. ft. City staff should monitor cooling tower noise levels after con- struction and prior to the issuance of occupancy permits to en- sure that acoustically effective barriers have been constructed. Funding: Project applicant will directly pay for acoustical treatments associated with the cooling towers. City staff coordination and oversight should be funded. by mitigation monitoring fees. Standards for Success: Cooling tower noise should not exceed 49 dBA at the adjacent residential areas. All operational noise exposure levels should be within the limits of the standards of the Cupertino Noise Ordinance and Noise Element. Computer Science Center Initial Study Appendices Page E-8 Brady and Associates, Inc. City of Cupertino September 20, 1990 I Brady and Associates, Inc. Computer Science Center Initial Study City of Cupertino Appendices f September 20, 1990 Page E-9 i TRAFFIC IMPAM IMPACT: The project will result in additional traffic on area roadways. Consistency of the ' project with the Cupertino General Plan and maintenance of acceptable levels of service on area road- ways is based, in part, on the maintenance of a trip generation rate of less than 2.0 peak hour trips per 1,000 net square feet of project space. MITIGATION MEASURE: The project applicant and successors in interest will be com- mitted to implementation of a Transportation Demand Man- agement (TDM) program developed for this site. The estab- lished goal for the TDM program is an attainment of 1.7 trips per 1,000 net square feet within two years of full occupancy. The established goal provides a cushion since it is more strin- gent than the General Plan assumptions and the trip genera- tion assumptions used to predict project area traffic. Project -Specific TDM Program The TDM program contains nine components and will be implemented. 1. Install permanent loop detectors in the driveways of both access streets (North De Anza Boulevard and Mar Tani Avenue). Agency or Individual Responsible for Implementing: i Project developer will install the permanent loop detectors. The City Department of Public Works will connect the detec- tors to the counting equipment and conduct the counts. The City will provide the results of the counting to the TDM coordinator. Timing: Loop detectors will be installed at the time the driveways are installed. Traffic counts will be taken annually. Counts should be col- lected for one month during the period either from February to May or from September to October. The TDM program Computer Science Center Initial Study Appendices Page E-10 Brady and .Associates, Inc. City of Cupertino September 20, 1990 will have a two year operation period before it would be re- quired to meet the established trip generation goal. Monitoring Work Program: Once counts are taken, the peak 60 minute time period will be identified, and the number of vehicles entering and exiting the site will be divided by the amount of occupied floor area to obtain the trip generation rate. If, after two years of site occupancy, the measured rate is below the established trip generation goal, no further measures will be required. If the goal is not achieved, the project tenants could be required to -- comply with additional TDM strategies in conformance with the areawide Santa Clara Congestion Management Program. .2. Install high security, locking bicycle racks that will be monitored by a surveillance system. Agency or Individual Responsible for Implementing: Project applicant will install prior to occupancy of any new structure. Timing/Monitoring Program: Installation will be verified by City staff at the time the occu- pancy permit is issued. J 3. Provide shower facilities to be available to people bicycling to work. _ Agency or Individual Responsible for Implementing: Project developer. Timing/Monitoring Program: Should be checked off by City staff at the time the building occupancy permit is issued. 4. .Establish reserved parking spaces to be used by carpool and vanpool vehicles. The number of reserved spaces will be equivalent to 8 percent of the total parking supply. Agency or Individual Responsible for Implementing: Project developer' Timing/Monitoring Program: The location and number of reserved spaces should be indi- cated on the final site plans submitted for City approval. The reserved spaces should also be clearly identified in the parking lot. This should be verified by City staff at the time the building occupancy permit is issued. Brady and Associates, Inc. City of Cupertino September 20, 1990 Computer Science Center Initial Study Appendices Page E-11 S. Establish a TDM coordinator and a TDM office or location within the complez where employ- ees can obtain transit schedules, transit passes, and information on .FIDES (the local ridesharing agency). Agency or Individual Responsible for Implementing: Project tenant will establish the TDM coordinator and office space. Timing/Monitoring Program: The coordinator should be designated and the program should be operational within - four months of initial building occupancy. 6. Establish carpools and vanpools by encouraging employees to use their personal vehicles to gave fellow employees rides to work. An on-site ridesharing matching program will be available. Partici- paling employees will be provided with window plaques that will allow them to park in the reserved carpoollvanpool spaces. ` Agency or Individual Responsible for Implementing: The TDM coordinator. Timing: The ridesharing matching program and window plaques should be available within six months of occupancy of the first new building. Monitoring Work Program: The TDM coordinator should prepare and circulate written materials that describe the TDM program and all the services available in the TDM office location, including transit sched- ules, transit passes, information, and the ridesharing matching program. A copy of these materials should be submitted to the City for review. Components 7-9 have identical monitorng requirements. 7. Establish a subsidized transit pass program whereby employees using public transit would receive free transit passes. 8. Provide computer tenninals to be used by Apple employees in their homes to encourage tele- commuting Computer Science Center Initial Study Brady and Associates, Inc. Appendices City of Cupertino Page E-12 September 20, 1990 9. Provide a guaranteed "ride home" program. Employees using transit, carpools, or vanpools who have an emergency or need to work late will be guaranteed a ride to their home or to their park -n - tide lot, at no cost, through use of a taxi, rental car, or company service vehicle. Agency or Individual Responsible for Implementing: TDM coordinator. Timing/Monitoring Program: Printed materials describing components 7-09 should be prepared and circulated by the TDM coordinator within 2 months of appointment of the coordinator. A copy of the materials should be submitted to the City Planning Department for their review. Funding: Project applicant will directly fund on-site improvements and will contribute to a mitigation monitoring fund. Project ten- ants will fund the services of the TDM coordinator and associated TDM program components (i.e. funding on-site rideshare matching, transit subsidies). Standard for Success: Continued maintenance of trip generation rate less than or equal to 1.7 peak hour trips per 1,000 sf of net project space. IMPACT: The addition of project traffic is projected to result in an unac- ceptable level of service E at the intersection of De Anza Boulevard and Mariani Avenue during the AM and PM peak periods. 3 MITIGATION -MEASURE: To accommodate projected volumes, the following improve- ments are required initially: a) the east approach to this intersection should be restriped to accommodate two left -turn lanes and a shared through/ right -turn lane; b) the outside through lane on the southern approach should be restriped to two through lanes; Depending on the success of the TDM program, the following measure may be needed. If conditions at this intersection reach an unacceptable LOS E (as determined according to the Brady and Associates, Inc. City of Cupertino September 20, 1990 Computer Science Center Initial Study Appendices Page E-13 monitoring work program described below) the following improvement would be required: a) a right -turn lane would be added to the south approach, also requiring widening of De Anza Boulevard to the north of the intersection. Agency or Individual Responsible for Implementing: City Department of Public Works, Timing: Restriping should be completed prior to occupancy of new structures. The right -turn lane and widening of De Anza Boulevard would be added when required, as identified by the monitoring work program. Monitoring Work Program: The added right turn lane on the south approach would not be required immediately. The City Department of Public Works should monitor traffic conditions at this intersection annually to ascertain whether conditions reach an unacceptable level of service (LOS E). At such time, a right -turn lane on the south approach should be added and De Anza Boulevard should be widened to the north of the intersection. Funding: Project applicant will contribute to a mitigation monitoring fund. Standard for Success: Maintenance of LOS D or better at this intersection. I IMPACT: The addition of project traffic is projected to result in an unac- ceptable level of service E at the intersection of De Anza Boulevard and Stevens Creek Boulevard during the AM peak period. MITIGATION MEASURE: To accommodate project volumes, the following improvements are required: a) convert the right -turn lane to a shared through/right-turn lane on the south approach; Computer Science Center Initial Study Appendices Page E-14 Agency or Individual Responsible Brady and Associates, Inc. City of Cupertino September 20, 1990 b) reduce the traffic signal cycle length to 130 seconds during the PM peak hour. for Implementing: City Public Works Department. Timing: Complete improvements prior to occupancy of new structures. Monitoring Work Program: Improvements will be.. implemented by the Department of Public Works. Funding: Project applicant will contribute to a mitigation monitoring fund. Standard for Success: Maintenance of LOS D or better at this intersection. CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION Ile Minimis Impact Finding Project Title/Location (Within Santa Clara County unless otherwise indicated) Application 16 -TM -90: Sobrato Development Companies- VESTING TENTATIVE MAP to create a six lot subdivision with parcels ranging in size from 0.6 acres to 1.2 acres with one additional lot to be held in common. Site is located within the City Limits of Cupertino, on the east side of North De Anza Blvd. between I-280 and Marian Avenue. Project Description: The proposed subdivision will,locate property lines around each of six light industrial buildings for creation of an industrial office condominium. The site is served by all in -ground utilties, is located within an urbanized area of the community and is not proximate to streams or wildlife habitat zones. Findings of Exemption: 1) The City completed an Expanded Initial Study which contains no evidence of any impact to the fisheries or wildlife habitat of the community and surrounding region. 2) Employees within the complex are to be tranferred from other Cupertino locations of the same company; hence, no new increment of demand for recreational use of fish and wildlife areas is anticipated. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code Robert S. Cowan Director of Community Development Lead Agency: City of Cupertino Date: _ June 41991, Section 711.4, Fish and Game Code DFG: 12/90