ERC 04-16-2020 (2)Community Development Department
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF MEETING OF THE ENVIRONMENTAL
REVIEW COMMITTEE HELD ON April 16, 2020
Committee Members: Kitty Moore, Chair
Chad Mosley, Vice Chair
Piu Ghosh
Liang Chao
Dianne Thompson
Committee Members absent: Ben Fu
Staff present: Gian Martire, Senior Planner
David Stillman, Transportation Manager
Consultant Presenters: Terri McCracken, Associate Principal, Placeworks, Inc.
Demetri Loukas, Principal Project Manager, David J
Powers & Associates, Inc.
Mike Campbell, Project Manager, David J Powers &
Associates, Inc.
Jon Cacciotti, Principal, Civil Engineering Manager, HMH
Engineers
APPROVAL OF MINUTES:
1. December 5, 2019
The minutes of the December 5, 2019 were approved as written
ORAL COMMUNICATIONS: None
(Reserved for persons wishing to address the Committee on issues that are not already
included in the regular Order of Business)
WRITTEN COMMUNICATIONS:
Emails were received for items #2 and #3
PUBLIC HEARING:
2. Application No.(s): EA-2018-04, DP-2018-05, ASA-2018-05, TM-2018-03, TR-2018-22
U-219-03, EXC-2019-03
Applicant: Mark Tersini (KT Urban)
Location: 21267 Stevens Creek Blvd APN #326-27-043
Development Permit and associated applications to allow the construction of a mixed use
development consisting of 242 housing units, 20,000 square feet of retail space and approximately
37,000 square feet of common space on an 8-acre parcel (Westport (formerly The Oaks Shopping
Center)).
Recommendation: Conduct the public hearing and recommend that the City Council approve an
Environmental Impact Report
Geologic/Soils
o There will be a Stop Work Order in the construction documents should any remains
or artifacts be discovered on site
Trees/Landscaping
o 75 trees will be removed, 400 trees will be replanted
o No trees will be removed during the nesting season
Air Quality/Greenhouse Gas Emissions
o The project is not in conflict with the Regional Air Quality Plan
o Standard mitigating measures will be in place during construction to reduce dust and
exhaust
o The direct or indirect GHG emissions will have less that significant impacts on the
environment and are not in conflict with any regulations adopted for the purpose of
reducing GHG emissions
Hazardous Materials
o There is a less than significant impact from hazardous materials on the site or from
being transported away from the site
Utilities and Service Systems
o The project falls below the maximum allowed water/wastewater volume that can be
supported by the Cupertino Sanitary District
Traffic
o The traffic study indicates that the traffic increase in the area will not have a significant
impact
o There are no traffic improvements included for the project along Mary Avenue. These
improvements are part of a larger City-sponsored project
Archeological/Cultural
o There will be a Stop Work Order in the construction documents should any remains
or artifacts be discovered on site
Noise
o Standard mitigating measures will be in place during construction to reduce noise
o The noise study indicates that the overall noise generated from the project is less than
significant
Additional Discussion
o There are four (4) alternatives to the proposed project to mitigate environmental
impacts; No changes, Eliminate the retail component of the project, reduce the retail
aspect of the project by 50%, reduce retail and convert some high density housing to
senior housing
o A bicycle-pedestrian pathway is proposed along Stevens Creek Boulevard. Further
bicycle s and pedestrian upgrades for safety and circulation will be addressed in the
refinement of the design phase of the project.
o A Late Response memo will be prepared to address comments brought up by the
public during this meeting
RECOMMENDATION: That the ERC has determined that the project may have significant
impacts to the environment requiring the preparation of an EIR for the City Council to consider
approving
MOTION: Chair Moore
SECOND: Vice Chair Mosley
NOES: none
VOTE: 5-0-0
3. Project Name: Regnart Creek Trail
Applicant: City of Cupertino
Location: between Torre Avenue and E Estates Drive
The project proposes to construct an 0.8 mile shared-use trail (running along Regnart Creek)
connecting the Cupertino Civic Center Complex with Wilson Park to the west and Creekside Park
to the east. The project also includes site improvements including; various ancillary trail
components and features, curb and gutter improvements, fence replacements, gates, a pedestrian
bridge, and improvements to the surrounding roadways for bicycle and pedestrian access to the
proposed trail. A Mitigated Negative Declaration is proposed.
Recommendation: Conduct the public hearing and recommend that the City Council approve a
Mitigated Negative Declaration
Geologic/Soils
o Soils testing will be completed prior to construction to determine the levels, if any, of
pesticide contaminates
Trees/Landscaping
o Trees shall not be disturbed during the nesting season
o No trees will be removed as part of this project
Air Quality/Traffic
o Standard mitigating measures will be in place during construction to reduce dust and
exhaust
o A raised crosswalk with flashing lights will be installed on Blaney Avenue
Archeological/Cultural/Biological
o Potential impacts were identified to special status wildlife and to the grassland
habitats
o Prior to construction studies will be conducted to determine if the special status
wildlife are present and at risk
o There will be a Stop Work Order in the construction documents should any remains
or artifacts be discovered on site
Hazardous Materials
o Construction activity may cause exposure to pesticides and other chemicals in the soil
left from historic uses in the area (agriculture)
Noise
o Standard mitigating measures will be in place during construction to reduce noise
o A noise study conducted measurements from the middle of the proposed path. The
study indicates that decibel levels are less than significant to the abutting property
lines. The anticipated noise levels generated from trail users is in conformance with
the City’s Municipal Code
Additional Discussion
o Comments have been received from the public expressing concerns regarding bicycle
and pedestrian safety
o Comment was been received from the public expressing concerns regarding the
potential excessive noise by trail users; shouting, music, motorized bicycles, etc.
RECOMMENDATION: The ERC has determined that the proposed mitigations reduce the
impacts to less than significant, and recommends that City Council consider adoption of the
Mitigated Negative Declaration.
MOTION: Chair Moore
SECOND: Committee member Ghosh
NOES: none
VOTE: 5-0-0
OLD BUSINESS: None
NEW BUSINESS: None
STAFF AND COMMITTEE REPORTS: None
FUTURE AGENDA SETTING:
Clarify the role, scope and the language in the Municipal Code for the Environmental Review
Committee
Conduct a joint study session between the Committee and the Planning Commission to discuss
the new traffic measuring methodology (VMT)
ADJOURNMENT
Respectfully submitted,
/s/Beth Ebben
Beth Ebben
Deputy Board Clerk