DRAFT RESOLUTION NO. ______
A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING MITIGATION MEASURE NOISE-1 FOR THE MIXED-USE DEVELOPMENT (CANYON CROSSING) AT 10625 SOUTH FOOTHILL BOULEVARD (APN: 342-16-087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: EA-2018-06
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342-16-087 & 088) SECTION II: ENVIRONMENTAL 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-2018-06) 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 5-0-0 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 written and oral statements received prior to and at the public hearing and voted 5-0-0 to approve Resolution No. 22-001 on January 13, 2022 to adopt a Mitigated Negative Declaration for the development of a new mixed-use development consisting eighteen (18) residential units and 4,500 sq. ft. of commercial with associated site and landscaping improvements (“Project”); and WHERAS, the adopted MND for the project incorporates a mitigation measure to address impacts from construction noise (Mitigation Measure NOISE-1), 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, 2021; 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 disturbing, 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 property 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-1; 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-1, 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.
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-1 for the Project to be consistent with CMC Chapter 17.04.050(G)(1)(a).
PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 7th day of July, 2022 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
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Darcy Paul, Mayor
City of Cupertino
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Date
ATTEST:
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Kirsten Squarcia, City Clerk
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Date