RESOLUTION NO. 22- 007
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING A MITIGATED NEGATIVE DECLARATION, MITIGATION
MEASURES, AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE DEVELOPMENT OF A NINE ( 9) UNIT SINGLE-
FAMILY HOME DEVELOPMENT AND ONE ACCESSORY DWELLING
UNIT ( ADU) LOCATED 22690 STEVENS CREEK BOULEVARD
APN: 341- 14- 066, 342- 14- 104 & 105)
SECTION I: PROTECT DESCRIPTION
Application No.: EA- 2020- 001
Applicant: Alan Enterprises LLC
Location: 22690 Stevens Creek Boulevard;
APN# s 341- 14- 066, 342- 14- 104 & 105
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS, the City of Cupertino received an application for a Zoning Map Amendment, Development Permit, Architectural and Site Approval, Use Permit, and Tentative Map, to allow the development of a nine (9) unit single-family home development with one (1) home containing an Accessory Dwelling Unit ( ADU) associated site and landscaping improvements, and associated environmental review (" Project"); and, 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, the Project is described in the June 2021 " Public Draft Initial Study for The 22690 Stevens Creek Project (" Draft IS/ MND"); and
WHEREAS, on July 16, 2021 the City issued a Notice of Intent to Adopt a Mitigated Negative Declaration; and
WHEREAS, on July 16, 2021theIS/MND for the project was distributed to responsible agencies and the public for review and comment for a 20-day period that ended August 5, 2021; and
WHEREAS, the IS/MND concluded that significant environmental effectson Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, Tribal Cultural Resolution No. 22- 007
Resources, and Utilities and Service Systems would be avoided or reduced to less - than - significant levels by mitigation measures ("MM") identified in the IS/ MND; 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-2020-001) and mitigation measures; and
WHEREAS, the Planning Commission independently reviewed and considered the IS/MND together with the commentsand the responsesto thosecommentsprior to taking action on the Project; and
WHEREAS, the comments received by the Planning Commission do not require major revisions to the IS/MND due to new or substantially more severe significant effects on the environment; and
WHEREAS, text revisions made after publication of the Draft IS/MND, which are found in the October 2021Final Draft Initial Study, merely clarify, amplify or make insignificant modifications to the IS/ MND, and recirculation of the IS/ MND is not required.
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 4-1-0 (Wang no) vote, basedon substantial evidencein 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 measuresfor the project that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the City Council has held at least one public hearing and independently reviewed and considered the IS/ MND together with the comments and the responses to thosecomments prior to taking action on the Project; and WHEREAS, the comments receivedby the City Council do not require major revisions to the IS/MND due to new or substantially more severe significant effects on the environment; and
WHEREAS, on January 13, 2022prior to taking action on the Project, 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 statementsreceived prior to and at the public hearing.
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NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the IS/ MND, comments on the IS/ MND, maps, facts, exhibits, testimony, staff reports, public comments, and other evidence submitted in this matter, the City Council:
1. Finds that the IS/ MND for the Project has been completed in compliance with 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. Finds that the text revisions to the IS/MND merely clarify, amplify or make insignificant modifications to the IS/ MND; therefore, recirculation of the IS/ MND is not required.
4. Adopts the Mitigated Negative Declaration for the Project.
5. Adopts and incorporates into the Project all of the mitigation measures identified in the IS/MND. The City Council further makes the mitigation measures, which are listed below, required conditions of approval of the Project to the extent they are within the responsibility and jurisdiction of the City:
a. AIR QUALITY
Mitigation Measure AQ- 1: The project's construction contractor shall comply with the following bestmanagement practicesfor reducing construction emissions of fugitive dust ( PM10 and PM2. 5) as required by the Bay Area Air Quality Management District Revised California Environmental Quality Act Air Quality Guidelines:
Water all active construction areas at least twice daily, or as often as needed to control dust emissions. Watering should be sufficient to prevent airborne dust from leaving the site. Increasedwatering frequency may be necessary whenever wind speedsexceed15miles per hour. Reclaimedwater should be used whenever possible.
Pave, apply water twice daily or asoften asnecessaryto control dust, or apply (non -toxic) soil stabilizers on all unpaved accessroads, parking areas, and staging areasat construction sites.
Cover all trucks hauling soil, sand, and other loosematerials.
Sweepdaily (with water sweepersusing reclaimed water if possible) or as often asneededall paved accessroads, parking areasand staging areasat the construction site to control dust.
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Sweeppublic streetsdaily (with water sweepersusing reclaimed water if possible) in the vicinity of the project site, or asoften asneeded, to keep streets free of visible soil material.
Hydroseed or apply non -toxic soil stabilizers to inactive construction areas.
Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed stockpiles ( dirt/ sand).
Limit vehicle traffic speedson unpaved roads to 15miles per hour.
Replant vegetation in disturbed areasasquickly aspossible and water appropriately until vegetation is established.
Install sandbagsor other erosion control measuresto prevent silt runoff from public roadways.
All exposedsurfacesshall be watered at a frequency adequateto maintain minimum soil moisture of 12percent. Moisture content canbe verified by lab samples or moisture probe.
Mitigation Measure AQ- 2: During construction, the construction contractor( s) shall:
Use construction equipment that have engines that meet either the United StatesEnvironmental Protection Agency (USEPA) or California Air Resources Board ( CARB) Tier 4 Interim emissions standards for off - road diesel -powered construction equipment with more than 50horsepower, unlessit canbe demonstrated to the City of Cupertino Building Division that such equipment is not available. Any emissionscontrol device used by the contractor shall achieve emissions reductions that are no less than what could be achievedby Tier 4 Interim emissions standards for a similarly sized engine, as defined by the CARB's regulations.
Prior to issuanceof any construction permit, ensure that all construction plans submitted to the City of Cupertino Planning Department and/or Building Division clearly show the requirement for Tier 4 Interim emissions standards for construction equipment more than 50 horsepower.
Maintain a list of all operating equipment in useon the project site for verification by the City of Cupertino Building Division official or their designee. The construction equipment list shall state the makes, models, and number of construction equipment on site.
Ensurethat all equipment shall be properly serviced and maintained in accordance with the manufacturer' s recommendations.
Communicate with all sub - contractors in contracts and construction documents that all nonessentialidling of construction equipment is restricted to 5 minutes or less in compliance with CARB Rule 2449 and is responsiblefor ensuring that this requirement is met.
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Mitigation Measure AQ- 3: The project applicant shall install a vapor barrier beneath the concretefoundation slab of the proposed residential buildings at the project site to mitigate potential odor risks associatedwith concentration of non- hazardous soil vapor contamination. This mitigation measure shall be identified on the permit application drawing setand aspart of the construction drawing set, and shall be implemented by the on -site Construction Manager. b. BIOLOGICAL RESOURCES
Mitigation Measure BI0- 1: Nests of raptors and other birds shall be protected when in active use, asrequired by the federal Migratory Bird Treaty Act and the California Fish and Game Code. The construction contractor shall indicate the following on all construction plans, if construction activities and any required tree removal occur during the breeding season (February 1 and August 31).
Preconstruction surveys shall:
Beconducted by a qualified biologist prior to tree removal or grading, demolition, or construction activities. Note that preconstruction surveys are not required for tree removal or construction, grading, or demolition activities outside the nesting period.
Beconducted no more than 14days prior to the start of tree removal or construction.
Berepeatedat 14-day intervals until construction hasbeeninitiated in the area after which surveys can be stopped.
Document locations of active nestscontaining viable eggsor young birds.
Protective measuresfor active nestscontaining viable eggsor young birds shall be implemented under the direction of the qualified biologist until the nestsno longer contain eggsor young birds, and the young have left the nest and areforaging independently, or the nestis no longer active. Protective measures shall include:
Establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such asorange construction fencing or equivalent) around eachnest location asdetermined by the qualified biologist, taking into account the speciesof birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds.
Monitoring active nestswithin an exclusion zone on a weekly basis throughout the nesting seasonto identify signs of disturbance and confirm nesting status.
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An increasein the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zonesmay be reduced by the qualified biologist only in consultation with the California Department of Fish and Wildlife. c. CULTURAL RESOURCES
Mitigation Measure CULT- 1: A representative from the Tamien Nation shall be retained and permitted on -site at all times during ground disturbance (including grading, demolition and/or construction) to monitor for potential prehistoric or historic subsurface cultural resources. Notice shall be given to the Tamien Nation in a manner requestedby the Tamien Nation at leastfive (5) days before any ground disturbing activity. Prior to ground disturbance activities, construction workers conducting the ground disturbing activities shall undergo cultural resourcesensitivity training conducted by the on -site Tamien Nation representative.
If any prehistoric or historic subsurfacecultural resourcesare discovered during ground -disturbing ( including grading, demolition and/or construction) activities:
All work within 50 feet of the resourcesshall be halted, the City shall be notified, and a qualified archaeologist and Tamien Nation representative shall be consulted. The contractor shall cooperatein the recovery of the materials. Work may proceed on other parts of the project site while mitigation for tribal cultural resources, historical resources or unique archaeologicalresourcesis being carried out.
The qualified archaeologistshall prepare a report for the evaluation of the resourceto the California Register of Historical Placesand the City Building Department. The report shall also include appropriate recommendations in collaboration with a Tamien Nation representative regarding the significance of the find and appropriate mitigations as follows:
If the resource is a non - tribal resource, the archaeologist shall assess the significance of the find' according to CEQA Guidelines Section 15064.5.
If the resource is a tribal resource — whether historic or prehistoric — the consulting archaeologistshall consult with the Tamien Nation to evaluate the significance of the resource and to recommend appropriate and feasibleavoidance, testing, preservation, or mitigation measures, in light of factors such as the significance of the find, proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) may be implemented.
All significant non -tribal cultural materials recovered shall be, asnecessary, and at the discretion of the consulting archaeologist, subjectto scientific G
Resolution No. 22- 007
analysis, professional museum curation, and documentation according to current professional standards.
d. GEOLOGY AND SOILS
Mitigation Measure GEO- 1: The construction contractor shall incorporate the following in all grading, demolition, and construction plans:
In the event that fossils or fossil -bearing deposits are discovered during grading, demolition, or building, excavationswithin 50feet of the find shall be temporarily halted or diverted.
The contractor shall notify the City of Cupertino Building Department and a City -approved qualified paleontologist to examinethe discovery.
The paleontologist shall document the discovery asneeded, in accordance with Societyof Vertebrate Paleontology standards (Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assessthe significance of the finding under the criteria setforth in CEQA Guidelines Section 15064. 5.
The paleontologist shall notify the appropriate agenciesto determine procedures that would be followed before construction is allowed to resume at the location of the find.
If the project applicant determines that avoidanceis not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project basedon the qualities that make the resource important. The excavation plan shall be submitted to the City for review and approval prior to implementation.
e. NOISE
Mitigation Measure NOISE- 1: The following shall be incorporated in all activity phasesand construction plans, asrequired by the Cupertino Municipal Code CMC). Construction activities shall take place only during daytime hours of 7:00 a.m. and 8:00 p.m. on weekdays and due to the closeproximity of the adjacent residential land use to the west, construction may occur on the weekends, holidays or nighttime only if a special exception hasbeen granted by the City. In addition, the construction crew shall adhere to the following best management practices:
At least 90days prior to the start of any construction, demolition or grading activities, all off -site businessesand residents within 300feet of the project site will be notified of the planned activities. The notification will include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period' s overall duration.
The notification should include the telephone numbers of the contractor' s 7 Resolution No. 22- 007
authorized representatives that are assigned to respond in the event of a noise or vibration complaint.
The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City' sBuilding Department and Code Enforcement for review and approval prior to issuanceof any grading, demolition, and/or building permits. The Construction Noise Plan shall demonstrate compliance with the 80- dBA limit in the CMC. The details of the Construction Noise Control Plan, including those details listed herein, shall be included aspart of the permit application drawing set and aspart of the construction drawing set, shall be implemented by the on -site ConstructionManager, andshallinclude, butnotbelimitedto, thefollowing available controls to comply with the 80 dBA performance standard:
At least 10days prior to the start of construction activities, a sign will be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, aswell asthe telephone numbers of the City' s and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receivesa complaint, they will investigate, take appropriate corrective action, and report the action to the City.
During the entire active construction period, equipment and trucks used for project construction will utilize the best available noise control techniques e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible.
Include noise control requirements for equipment and tools, including concrete saws, to the maximum extent feasible. Such requirements could include, but arenot limited to, erecting temporary plywood noisebarriers between construction areasand nearby sensitive receptors; performing work in a manner that minimizes noise; and undertaking the noisiest activities during times of least disturbance to nearby sensitive receptors.
During the entire active construction period, stationary noise sourceswill be located asfar from sensitive receptorsas possible, and they will be muffled and enclosedwithin temporary sheds, or insulation barriers or other measures will be incorporated to the extent feasible.
During the entire active construction period, noisy operations will be conducted simultaneously to the degreefeasiblein order to reduce the time periods of theseoperations.
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Selecthaul routes that avoid the greatestamount of sensitive use areasand submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase.
Signswill be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessaryengine idling. All other equipment will be turned off if not in use for more than 5 minutes.
During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction managerwill use smart back-up alarms, which automatically adjust the alarm level basedon the background noise level or switch off back-up alarms and replacewith human spotters in compliance with all safety requirements and laws.
Mitigation Measure NOISE- 2: Mechanical equipment shall be selected and designed to reduce impacts on surrounding usesto meet the Cupertino Municipal Code noise limits of 60dBA and 50 dBA at residential usesduring daytime and nighttime, respectively, and 65 dBA and 55 dBA at non-residential sensitive usesduring daytime and nighttime, respectively. A qualified acoustical consultant shall be retained to review mechanical noise as these systems are selectedto determine specific noise reduction measuresnecessaryto reduce noise to comply with the City' s noise level requirements. Mechanical equipment shall be selectedand designed to reduce impacts on surrounding usesto meet the City' snoise level requirements. Noise reduction measurescould include, but are not limited to:
Selection of equipment that emits low noise levels;
Installation of noise dampening techniques, such as enclosures and parapet walls, to block the line - of - sight between the noise source and the nearest receptors; or
Locating equipment in lessnoise -sensitive areas, where feasible.
Mitigation Measure NOISE- 3: If paving activity during construction is required within 25feet of nearby residential structures, the use of a static roller in lieu of a vibratory roller shall be employed. Grading and earthwork activities within 15 feet of adjacent residential structures shall be conducted with off - road equipment that is limited to 100 horsepower or less. This mitigation measure shall be identified on the permit application drawing set and aspart of the construction drawing set, and shall be implemented by the on -site Construction Manager. 9 Resolution No. 22- 007
f. TRIBAL CULUTRAL RESOURCES
Mitigation Measure TCR- 1: Implement Mitigation Measure CULT- 1. g. UTILITIES AND SERVICE SYSTEMS
Mitigation Measure UTIL- 1: No building permits shall be issued by the City for the proposed Canyon Crossing Mixed -Use Project that would result in exceeding the permitted peak wet weather flow capacity of 13.8 mgd through the Santa Clara sanitary sewer system. The project applicant shall demonstrate, to the satisfaction of the City of Cupertino and Cupertino Sanitary District ( CSD), that the proposed project would not exceedthe peak wet weather flow capacity of the SantaClara sanitary sewer systemby implementing one or more of the following methods:
1. Reduceinflow and infiltration in the CSD system to reduce peak wet weather flows; or
2. Increaseon -site water reuse, such asincreasedgrey water use, or reduce water consumption of the fixtures used within the proposed project, or other methods that aremeasurable and reduce sewer generation ratesto acceptable levels, to the satisfaction of the CSD.
The proposed project'sestimated wastewater generation shall be calculated using the generation ratesused by the CSDin the FlowModelingAnalysisfor the HomesteadFlumeOutfall tothe City of SantaClara, prepared by Mark Thomas & Co. Inc., dated December6, 2019, unlessalternative (i.e., lower) generation rates achievedby the proposed project are substantiatedby the project applicant based on evidence to the satisfaction of the CSD. To calculate the peak wet weather flow for a 10-year storm event, the averagedaily flow rate shall be multiplied by a factor of 2.95asrequired by CSDpursuant to their December2019flow modeling analysis.
6. Adopts the Mitigation Monitoring and Reporting Program for the Project, as amended, attachedhereto as Exhibit EA-1, and incorporated herein by reference, which incorporates all the mitigation measures identified in the Final IS/ MND. 10 Resolution No. 22- 007
PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 13thday of January, 2022by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Z C/ z, r z Z
Darcy Paul, ayor Date
City of Cupe
ATTEST:
c".
1 /27/ 22
Kirsten Squarcia, City Clerk Date
Exhibit EA- 1
Mitigation Monitoring and Reporting Program
2690 Stevens
Creek Blvd.
22690 Stevens Creek Blvd.
APN: 341- 14- 066, 342- 14- 104 & 105
OCTOBER 2021
I
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AIR QUALITY During the construction Improvements City of Cupertino Mitigation Measure AQ- 1: The project' s construction contractor shall and post -construction related to these Public Works and comply with the following best management practices for reducing phases, the project measures shall Building Departments construction emissions of fugitive dust (PM10 and PM2.5) asrequired by proponent shall be be printed on the Bay Area Air Quality Management District Revised California responsible for all construction Environmental Quality Act Air Quality Guidelines: implementing these documents, Water all active construction areasat least twice daily, or asoften as measures, including contracts, and needed to control dust emissions. Watering should be sufficient to improvements. project plans prevent airborne dust from leaving the site. Increased watering and shall be reviewed by frequency may be necessarywhenever wind speedsexceed15miles the Director of per hour..Reclaimed water should be used whenever possible. Community Pave, apply water twice daily or as often asnecessaryto control Development and the dust, or apply (non -toxic) soil stabilizers on all unpaved access Director of Public Work roads, parking areas, and staging areasat construction sites. prior to the issuance of Cover all trucks hauling soil, sand, and other loose materials. grading and/or building Sweep daily ( with water sweepersusing reclaimed water if permits. possible) or asoften asneeded all paved accessroads, parking areas and staging areasat the construction site to control dust.
Sweep public streets daily ( with water sweepersusing reclaimed water if possible) in the vicinity of the project site, or as often as needed, to keep streetsfree of visible soil material.
Hydroseed or apply non -toxic soil stabilizers to inactive construction areas.
Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed stockpiles ( dirt/ sand).
Limit vehicle traffic speedson unpaved roads to 15miles per hour.
Replant vegetation in disturbed areasas quickly aspossible and water appropriately until vegetation is established.
Install sandbagsor other erosion control measuresto prevent silt runoff from public roadways.
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All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12percent. Moisture content can be verified by lab samples or moisture probe.
Mitigation Measure AQ- 2: During construction, the construction Project proponent to ensure Provide documentation City of Cupertino contractor( s) shall: inclusion of these demonstrating Public Works, Use construction equipment that have engines that meet either the requirements in all compliance ( i. e. Planning, and United States Environmental Protection Agency ( USEPA) or contracts and permit specifications of vehicles Building Departments California Air Resources Board ( CARB) Tier 4 Interim emissions documents. Prior to the and equipment) and on standards for off -road diesel -powered construction equipment with issuanceof any the construction more than 50 horsepower, unless it can be demonstrated to the City construction permit. drawings clearly show of Cupertino Building Division that such equipment is not the requirement for available. Any emissionscontrol device used by the contractor shall Level 3 Diesel achieve emissions reductions that are no less than what could be Particulate Filters achievedby Tier4 Interim emissionsstandardsfor asimilarly sized emissions standards for engine, as defined by the CARB' s regulations. construction equipment Prior to issuanceof any construction permit, ensurethat all over 50 horsepower. construction plans submitted to the City of Cupertino Planning Department and/ or Building Division clearly show the requirement for Tier 4 Interim emissions standards for construction equipment more than 50 horsepower.
Maintain a list of all operating equipment in use on the project site for verification by the City of Cupertino Building Division official or their designee. The construction equipment list shall state the makes, models, and number of construction equipment on site.
Ensure that all equipment shall be properly serviced and maintained in accordance with the manufacturer' s
recommendations.
Communicate with all sub - contractors in contracts and construction documents that all nonessential idling of construction equipment is restricted to 5 minutes or less in compliance with CARB Rule 2449 and is responsible for ensuring that this requirement is met.
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Mitigation Measure AQ- 3: The project applicant shall install a vapor Project proponent to ensure Provide documentation City of Cupertino barrier beneath the concretefoundation slab of the proposed residential inclusion of the demonstrating Planning and Building buildings at the project site to mitigate potential odor risks associatedwith requirement in all contracts compliance. Departments concentration of non - hazardous soil vapor contamination. This mitigation and permit documents. measure shall be identified on the permit application drawing set and as Prior to the issuance of any part of the construction drawing set, and shall be implemented by the on- construction permit. site Construction Manager.
Mitigation Measure BIO- 1: Nests of raptors and other birds shall be Project proponent to add If grading and/or tree Community protected when in active use, asrequired by the federal Migratory Bird this to all construction removal begins during Development Treaty Act and the California Fish and Game Code. The construction plans and contracts to the stated dates in the Department contractor shall indicate the following on all construction plans, if ensure biologist conducts mitigation measure, A construction activities and any required tree removal occur during the pre - construction surveys as final report of nesting breeding season (February 1 and August 31). required. birds, including any Preconstruction surveys shall: protection measures,
Be conducted by a qualified biologist prior to tree removal or shallbe submitted tothe grading, demolition, or construction activities. Note that Director of Community preconstruction surveys are not required for tree removal or Development prior to construction, grading, or demolition activities outside the the start of demolition. nesting period.
Be conducted no more than 14 days prior to the start of tree removal or construction.
Berepeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped.
Document locations of active nests containing viable eggs or young birds.
Protective measuresfor active nestscontaining viable eggsor young birds shall be implemented under the direction of the qualified biologist until the nestsno longer contain eggsor young birds, and the young have left the nest and are foraging Mitigation Measure Timeframe and
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independently, or the nest is no longer active. Protective measures shall include:
Establishment of clearly delineated exclusion zones ( i.e., demarcated by identifiable fencing, such asorange
construction fencing or equivalent) around eachnest location as determined by the qualified biologist, taking into account the speciesof birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerinesand other birds.
Monitoring active nests within an exclusion zone on a weekly basisthroughout the nesting seasonto identify signs of
disturbance and confirm nesting status.
An increase in the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zonesmay be reduced by the qualified biologist only in consultation with the California Department of Fish and Wildlife.
Monitoring active nestswithin an exclusion zone on a weekly basis throughout the nesting seasonto identify signs of disturbance and confirm nesting status.
An increase in the radius of an exclusion zone by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zonesmay be reduced by the qualified biologist only in consultation with California Department of Fish and Wildlife.
The protection measuresshall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active.
Mitigation Measure CULT- 1: A tribal representative shall be permitted During site excavation, the All Community on -site at all times during round disturbance (including grading, project proponent shall be archaeolo icalmonitorin Development Public Mitigation Measure Timeframe and
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demolition and/ or construction) to monitor for potential prehistoric or responsible for g andreporting Works & Building historic subsurface cultural resources. Notice shall be given to the Tribe in implementation measures shallbe Department a manner requested by the Tribe at least 48 hours before any ground ofArchaeological included inall disturbing activity. Prior to ground disturbance activities, construction monitoring. Monitoring construction documents, workers conducting the ground disturbing activities shall undergo shall be conducted during and construction cultural resource sensitivity training conducted by the on -site tribal earthmoving activities by a management plans, representative. qualified archaeologist. contracts, andproject During construction, the plans and shall be
If any prehistoric or historic subsurfacecultural resourcesare discovered project proponent and reviewed by the during ground -disturbing ( including grading, demolition and/or contractor shall CommunityDevelopmen construction) activities: beresponsible for t Department All work within 50 feet of the resourcesshall be halted, the City notification of shall be notified, and a qualified archaeologist and tribal anydiscoveries. representative shall be consulted. The contractor shall cooperate in the recovery of the materials. Work may proceed on other parts of the project site while mitigation for tribal cultural resources, historical resourcesor unique archaeological resourcesis being carried out.
The qualified archaeologist shall prepare a report for the evaluation of the resource to the California Register of Historical Places and the City Building Department. The report shall also include appropriate recommendations in collaboration with a tribal representative regarding the significance of the find and appropriate mitigations as follows:
If the resource is a non - tribal resource, the archaeologist shall assess the significance of the find according to CEQA Guidelines Section 15064. 5.
If the resource is a tribal resource — whether historic or prehistoric — the consulting archaeologist shall consult with the appropriate tribe( s) to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing,
Mitigation Measure Timeframe and Method of Compliance Oversight of Responsibility for Implementation
Implementation
preservation, or mitigation measures, in light of factors such asthe significance of the find, proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) may be implemented.
All significant non - tribal cultural materials recovered shall be, as necessary, and at the discretion of the consulting archaeologist, subjectto scientific analysis, professional museum curation, and documentation according to current professional standards.
Mitigation Measure TCR- 1: Implement Mitigation Measure CULT- 1. During site excavation, the All Director of project proponent shall be archaeologicalmonitorin CommunityDevelopm responsible for g andreporting ent, Public Works &
implementation of measures shallbe Building Department
Archaeological monitoring. printed onall
Monitoring shall be construction documents,
conducted during contracts, andproject
earthmoving activities by a plans and shall be
qualified archaeologist. reviewed by the Director
During construction, the ofCommunityDevelopm
project proponent and ent
contractor shall be
responsible for notification
of any discoveries.
Mitigation Measure GEO- 1: The construction contractor shall incorporate At the construction phase, All attenuation City of Cupertino the following in all grading, demolition, and construction plans: the project proponent and measures shall be Public Works & Inthe event that fossils or fossil -bearing deposits are discovered contractor shall be printed on construction Building Department during grading, demolition, or building, excavationswithin 50 responsible for completing documents, contracts, feet of the find shall be temporarily halted or diverted. all improvements. construction
management plan, and
The contractor shall notify the City of Cupertino Building project plans and Department and a City -approved qualified paleontologist to reviewed by the Director examine the discovery. of Public Works prior to
Mitigation Measure Timeframe and
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The paleontologist shall document the discovery asneeded, in issuance of grading accordancewith Societyof Vertebrate Paleontology standards and/ or building permits.
Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assessthe significance of the finding under the criteria set forth in CEQA Guidelines Section 15064. 5.
The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.
If the project applicant determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the proposed project based on the qualities that make the resource important. The excavation plan shall be submitted to the City for review and approval prior to implementation.
Mitigation Measure NOISE- 1: The following shall be incorporated in all At the construction phase, All attenuation City of Cupertino activity phasesand construction plans, asrequired by the Cupertino the projectproponent measures shall be Public Works, and Municipal Code (CMC). Construction activities shall take place only andcontractor shall printed on Planning and Building during daytime hours of 7:00 a.m. and 8:00p.m. on weekdays and due to beresponsible constructiondocuments, Department the close proximity of the adjacent residential land use to the west, forcompleting contracts, construction construction may occur on the weekends, holidays or nighttime only if a allimprovements. management plan, special exception hasbeen granted by the City. In addition, the andproject plans and construction crew shall adhere to the following best management reviewed by the Director practices: of PublicWorks prior
At least 90 days prior to the start of any construction, demolition toissuanceof grading or grading activities, all off -site businesses and residents within and/or building permits. 300feet of the project site will be notified of the planned activities.
The notification will include a brief description of the project, the activities that would occur, the hours when activity would occur, and the construction period' s overall duration. The notification should include the telephone numbers of the contractor' s Mitigation Measure Timeframe and
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authorized representatives that are assigned to respond in the event of a noise or vibration complaint.
The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City' s Building Department and Code Enforcement for review. and approval prior to issuance of any grading, demolition, and/ or building permits.
The Construction Noise Plan shall demonstrate compliance with the 80- dBA limit in the CMC. The details of the Construction Noise Control Plan, including those details listed herein, shall be included aspart of the permit application drawing set and aspart of the construction drawing set, shall be implemented by the on - site Construction Manager, and shall include, but not be limited to, the following available controls to comply with the 80 dBA performance standard:
At least 10days prior to the start of construction activities, a sign will be posted at the entrance(s) to the job site, clearly visible to the public, which includes permitted construction days and hours, as well as the telephone numbers of the City' s and contractor' s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor' s representative receivesa complaint, they will investigate, take appropriate corrective action, and report the action to the City.
During the entire active construction period, equipment and trucks used for project construction will utilize the best available noise control techniques (e.g., improved mufflers, equipment re- design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible.
Include noise control requirements for equipment and tools, including concretesaws, to the maximum extent feasible. Such requirements could include, but are not limited to, erecting Mitigation Measure Timeframe and
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temporary plywood noise barriers between construction areasand nearby sensitive receptors; performing work in a manner that minimizes noise; and undertaking the noisiest activities during times of least disturbance to nearby sensitive receptors.
During the entire active construction period, stationary noise sourceswill be located asfar from sensitive receptors aspossible, and they will be muffled and enclosedwithin temporary sheds, or insulation barriers or other measures will be incorporated to the extent feasible.
During the entire active construction period, noisy operations will be conducted simultaneously to the degree feasible in order to reduce the time periods of these operations.
Selecthaul routes that avoid the greatest amount of sensitive use areasand submit to the City of Cupertino Public Works
Department for approval prior to the start of the construction phase.
Signs will be posted at the job site entrance( s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessaryengine idling. All other equipment will be turned off if not in use for more than 5 minutes.
During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level basedon the
background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws.
Mitigation Measure NOISE- 2: Mechanical equipment shall be selected At the construction phase, At the construction City of Cupertino and designed to reduce impacts on surrounding uses to meet the the project proponent and phase, the project Public Works, and 10 Mitigation Measure Timeframe and Method of Compliance Oversight of Responsibility for Implementation
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Cupertino Municipal Code noise limits of 60 dBA and 50 dBA at contractor shall be proponent and Planning and Building residential uses during daytime and nighttime, respectively, and 65dBA responsible for completing contractor shall be Department and 55 dBA at non- residential sensitive uses ( i. e., the Cupertino Hotel) all improvements. responsible for during daytime and nighttime, respectively. A qualified acoustical completing all consultant shall be retained to review mechanical noise as these systems improvements. are selected to determine specific noise reduction measures necessary to reduce noise to comply with the City' snoise level requirements.
Mechanical equipment shall be selected and designed to reduce impacts on surrounding usesto meet the City' snoise level requirements. Noise reduction measures could include, but are not limited to:
Selection of equipment that emits low noise levels;
Installation of noise dampening techniques, such as enclosures and parapet walls, to block the line -of -sight between the noise source and the nearest receptors;
Locating equipment in less noise -sensitive areas, where feasible.
Mitigation Measure NOISE- 3: If paving activity during construction is At the construction phase, All attenuation City of Cupertino required within 25feet of nearby residential structures, the use of a static the projectproponent measures shall be Public Works, and roller in lieu of a vibratory roller shall be employed. Grading and andcontractor shall printed on Planning and Building earthwork activities within 15 feet of adjacent residential structures shall beresponsible constructiondocuments, Department be conducted with off - road equipment that is limited to 100 horsepower or forcompleting contracts, construction less. This mitigation measure shall be identified on the permit application allimprovements. management plan, drawing set and aspart of the construction drawing set, and shall be andproject plans and implemented by the on -site Construction Manager. reviewed by the Director of PublicWorks prior
toissuanceof grading
and/or building permits.
Mitigation Measure UTIL- 1: No building permits shall be issued by the Prior to the issuance of any Demonstrate that the Department of Public City for the proposed Canyon Crossing Mixed -Use Project that would construction permit. proposed hotel would Works and Cupertino result in exceeding the permitted peak wet weather flow capacity of 13.8 not exceedthe peak Sanitary District mgd through the Santa Clara sanitary sewer system. The project applicant weather flow capacity of shall demonstrate, to the satisfaction of the City of Cupertino and 11 Mitigation Measure Timeframe and
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Cupertino Sanitary District ( CSD), that the proposed project would not the Santa Clara sanitary exceed the peak wet weather flow capacity of the Santa Clara sanitary sewer. sewer system by implementing one or more of the following methods:
1. Reduce inflow and infiltration in the CSD system to reduce peak wet weather flows; or
2. Increaseon -site water reuse, such asincreased grey water use, or reduce water consumption of the fixtures used within the proposed project, or other methods that are measurable and reduce sewer generation rates to acceptable levels, to the satisfaction of the CSD.
The proposed project' s estimated wastewater generation shall be calculated using the generation ratesused by the CSD in the Flow Modeling Analysisfor theHomesteadFlumeOutfall to theCity of SantaClara, prepared by Mark Thomas & Co. Inc., dated December 6, 2019, unless alternative i.e., lower) generation rates achieved by the proposed project are substantiated by the project applicant based on evidence to the satisfaction of the CSD. To calculate the peak wet weather flow for a 10-year storm event, the average daily flow rate shall be multiplied by a factor of 2.95 as required by CSD pursuant to their December 2019flow modeling analysis. 12