Reso 085CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 85
OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM TO SUBDIVIDE AN
APPROXIMATELY .29 ACRE LOT INTO TWO (2) PARCELS OF APPROXIMATELY
6,000 SQUARE FEET AT 10206 & 10208 ORANGE AVE (APN 357-18-032)
SECTION I: PROTECT DESCRIPTION
Application No: EA -2017-03
Applicant: Thomas Adamo
Location: 10206 & 10208 Orange Ave (API: 357-18-032)
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of Cupertino received an application to subdivide an
approximately .29 acre lot into two (2) parcels of approximately 6,000 square feet; and
WHEREAS, pursuant to the provisions of. the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) ("CEQA") together with the .State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) .
(hereinafter, "CEQA Guidelines"), the City prepared an Initial Study- and proposed
Mitigated Negative Declaration for the Project ("IS/MND"); and
WHEREAS, the Project is additionally described in the October 2017 "Orange Avenue
Lot Split Project" Draft Initial Study/Mitigated Negative Declaration ("Draft IS/MIND");.
and
WHEREAS, on November 3, 2017 the City issued a Notice of Intent to Adopt a Mitigated
Negative Declaration; and
WHEREAS, on November 3, 2017 the Draft IS/MIND for the project was distributed to
responsible agencies and the public for review and comment for a 20 -day period that
ended November 23, 2017; and
WHEREAS, the IS/MND concluded that significant environmental effect on Biological
Resources, and Hazards & Hazardous Materials would be avoided or reduced to less -
than -significant levels by mitigation measures ("MM"') identified in the IS and
Resolution No. 85 EA -2017-03 December 14, 2017
Page -2
WHEREAS, On November 14, 2017, prior to making any recommendations regarding the
adoption of the Draft IS/MND, the City of Cupertino's Environmental Review Committee
held a duly noticed public hearing to receive public testimony where it reviewed and
considered the information contained in the Draft IS/MND, voted 4-0-0 to recommend
that the Hearing Officer adopt the Draft IS/MND (EA -2017-03) and mitigation measures;
and
WHEREAS, the Hearing Officer has independently reviewed and considered the
IS/MND prior to taking action on the Project;
WHEREAS, on December 14, 2017 prior to taking action on the Project, the Hearing
Officer held a duly noticed public hearing to receive staff's presentation and public
testimony, and to further consider the information contained in the Final IS/MND, along
with all staff reports, other pertinent documents, and all written and oral statements
received prior to and at the public hearing;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony, staff reports, public
comments, and other evidence submitted in this matter, the Hearing Officer:
1. Finds that the Final IS/MND for the Project has been completed in compliance with
the 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. Adopts the Final Mitigated Negative Declaration (Final MND) for the Project.
4. Adopts the Mitigation Monitoring and Reporting Program for the Project, attached
hereto as Exhibit EA -1, and incorporated herein by reference, which incorporates all
the mitigation measures required under the Final MND. The Hearing Officier further
makes the mitigation measures required conditions of approval of the Project to the
extent they are within the responsibility and jurisdiction of the City as summarized
below:
a. BIOLOGICAL RESOURCES MITIGATION MEASURES
MM IV -1:
A pre -construction survey for nesting birds shall be conducted for the project site
and a 250 -foot radius around the project site by a qualified biologist not more than
two weeks prior to site disturbance during the breeding season (February 1 to
August 31). If site disturbance commences outside the breeding season, a pre -
construction survey for nesting birds are not required. If active nests of migratory
Resolution No. 85 EA72017-03 December 14, 2017
Page -3
birds are not detected within approximately -250 feet of the project site, further
mitigation is not required. Results of the survey shall be submitted to the
Community Development Department.
If nesting raptors or other migratory birds are detected on or within 250 feet of the
site. during the survey, a suitable construction -free buffer shall be established
around all active nests. The dimensions of the buffer shall be a minimum of 75 feet
for passerine birds and 250 feet for raptors. The buffer size may vary depending
on location and species. The buffer areas shall be enclosed with temporary fencing,
and construction equipment and workers shall not enter the enclosed setback
areas. Buffers shall remain in place for the duration of the breeding season or until
a qualified biologist has confirmed that all chicks have fledged and are
independent of their parents.
b. HAZARDS AND HAZARDOUS MATERIALS
MM VIf1-10
Prior to issuance of a demolition permit for any on-site structures, the project
applicant shall consult with certified Asbestos and/or Lead Risk Assessors to
complete and submit for review to the Community Development Department an
asbestos and lead survey. If asbestos -containing materials or lead -containing
materials are not discovered during the survey, further mitigation related to
asbestos -containing materials or lead containing materials shall not be required. If
asbestos -containing materials and/or lead -containing materials are discovered by
the survey, the project applicant shall prepare a work plan to demonstrate how the
on-site asbestos -containing materials and/or lead -containing materials shall be
removed in accordance with current California Occupational Health and Safety
(Cal -OSHA) Administration regulations and disposed of in accordance with all
CalEPA regulations, prior to the demolition and/or removal of the on-site
structures. The. plan shall include the requirement that work shall be conducted
by a Cal -OSHA registered asbestos and lead abatement contractor in accordance
with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training,
engineering controls, and certifications. The applicant shall submit the work plan
to the Community Development Department for review and approval. Materials
containing more than one (1) percent asbestos that is friable are also subject to
BAAQMD regulations. Removal of materials containing more than one (1) percent
friable asbestos shall be completed in accordance with BAAQMD Section 11-2-303.
MM V111 -2e
Prior to initiation of demolition or construction activities, the project applicant
shall comply with all applicable recommendations within the Soil Remediation
Resolution No. 85 EA -2017-03 December 14, 2017
Page -4
Plan prepared for the proposed project by McCloskey Consultants, Inc. The
required remediation activities shall be performed by a licensed hazardous waste
contractor (Class A) and contractor personnel that have completed 40 -hour OSHA
hazardous training. Compliance with the recommendations shall be verified by
the Community Development Department and the Santa Clara County
Environmental Health Department throughout the remediation process.
MM VIII -3:
Prior to issuance of a building/grading permits, the existing septic tank shall be
abandoned in consultation with the Santa Clara County Environmental Health
Department. Proof of abandonment shall be provided to the Community
Development Department and the City Engineer.
PASSED AND ADOPTED this 14th day of December, 2017 at a noticed Public Hearing of
the Administrative Hearing Officer of the City of Cupertino, State of California, held by
the Director of Community Development, or his or her designee, pursuant to Cupertino
Municipal Cod%Section 19.12.120.
Gian Paolo Martire
Associate Planner
APPROVED:
Benjamin Fu
Asst. Director of Community Development
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