Reso 089CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 89
OF THE ADMINSTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM TO SUBDIVIDE AN.
APPROXIMATELY 0.44 -ACRE LOT INTO TWO (2) PARCELS OF APPROXIMATELY
8,892 SQUARE FEET AT 22561 ALCALDE ROAD (APN'342-29-063)
SECTION I• PROTECT DESCRIPTION
Application No: EA -2017-02
Applicant: Cindy Hsu
Location: 22561 Alcalde Road (APN: 342-29-063)
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of. Cupertino received an application to subdivide an approximately
0.44 -acre lot into two (2) equal parcels of approximately 8,892 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 January 2018 "Alcalde Road Lot
Split Project" Draft Initial Study/Mitigated Negative Declaration ("Draft IS/MND") and
WHEREAS, on February 1, 2018 the City issued a Notice of Intent to Adopt a Mitigated
Negative Declaration; and
WHEREAS, on February 1, 2018 the Draft IS/MND for the project was distributed to
responsible agencies and the public for review and comment for a 20 -day period that
ended February 21, 2018; and
WHEREAS, the IS/MND concluded that significant environmental effects on Biological
Resources, and Hazards and Hazardous Materials would be avoided or reduced to less -
than -significant levels by mitigation measures ("MM") identified in the IS/MND; and
Resolution No. 89 EA -2017-02 April 12, 2018
Page -2
WHEREAS, On March 1, 2018, 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 5-0-0 to recommend
that the Hearing Officer adopt the Draft IS/MND (EA -2017-02) and mitigation measures;
and
WHEREAS, the Administrative Officer has independently reviewed and considered the
IS/MND prior to taking action on the Project;
WHEREAS, on April 12, 2018 prior to taking action on the Project, the Administrative
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 Administrative 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 1, and incorporated herein by reference, which incorporates all the
mitigation measures required under the Final MND. The Administrative Officer
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. 89 EA -2017-02 April 12, 2018
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 MITIGATION MEASURES
MM XVIII -1:
Prior to issuance of any grading permits, the following measures shall be reflected
on the project grading and foundation plans, subject to review and approval by
the City Engineer:
® Six inches of soil shall be removed within the proposed landscape areas '
along the northern and western boundaries of the project site. The
aforementioned landscape areas shall subsequently be capped with a
minimum of 0.5 feet of clean imported fill.
® The top six inches'of soils removed within the aforementioned, landscape
areas shall be off -hauled by a licensed hazardous waste contractor (Class
A) and contractor personnel that have completed 40 -hour OSHA hazardous
training, and shall be disposed of appropriately in accordance with
applicable federal, State, and local regulations associated with hazardous
waste.
The project applicant shall provide proof of implementation of the above measures
to the Community Development Department.
MM VIII -2:
After demolition and removal of on-site structures and hardscapes, but prior to
initiation of grading, the applicant shall conduct additional soil sampling within
the previously inaccessible on-site areas to determine if the underlying soils
contain contaminants in excess of the applicable Environmental Screening Levels
(ESLs) set by the Regional Water Quality Control Board. The results of soil
Resolution No. 89 EA -2017-02 April 12, 2018
Page -4
sampling shall be submitted to the Community Development Department prior to
initiation of grading. If contaminants are not detected above applicable ESLs, then
further mitigation is not required. If contaminants are detected above the
applicable ESLs, then the soils shall be remediated by off -hauling to a licensed
landfill facility.
MM VIII -3:
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.
PASSED AND ADOPTED this 12th day of April, 2018 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 CodeAection 19.12.120.
ATTEST: N V 1 / APPROVED:
V �
Gian Paolo Martire Benjamin Fu
Associate Plamier Asst. Director of Community Development
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