CITY COUNCIL Staff Report
Meeting Date: July 7, 2022
Subject
Consider conforming Mitigation Measure NOISE-1 for 22690 Stevens Creek Boulevard (Alan Row) and 10625 S. Foothill Boulevard (Canyon Crossing Mixed-Use Project) with noticing requirements in the Cupertino Municipal Code (CMC) Chapter 17.04.
Recommended Action
That the City Council adopt the following resolutions (Attachments A & B):
Resolution No. 22-XX approving a modification to Mitigation Measure NOISE-1 for 22690 Stevens Creek Boulevard (Alan Row).
Resolution No. 22-XX approving a modification to Mitigation Measure NOISE-1 for 10625 S. Foothill Boulevard (Canyon Crossing Mixed-Use Project).
Background
Alan Row (Bateh Brothers) and Canyon Crossing Project Approvals On January 13, 2022, City Council approved Resolution No. 22-007 (Attachment C) to adopt a Mitigated Negative Declaration (Attachment D), mitigation measures as conditions of approval of the project, and a mitigation monitoring and reporting program (MMRP) for the development of nine-unit single-family homes and one accessory dwelling unit located at 22690 Stevens Creek Boulevard.
At the same meeting, City Council approved Resolution No. 22-001 (Attachment E) to adopt a Mitigated Negative Declaration (Attachment F), mitigation measures as conditions of approval, and a MMRP for the development of a mixed-use project consisting of 18-units and approximately 4,500 square feet of commercial space located at 10625 S. Foothill Boulevard.
Discussion
Mitigation Measure NOISE-1
The Initial Study/Mitigated Negative Declaration (IS/MND) for both projects incorporate mitigation measures to address impacts from construction noise. As part of Mitigation Measure NOISE-1, 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 provide contact information for authorized representatives who would respond in the event of a complaint related to noise or vibration.
Cupertino Municipal Code (CMC) Chapter 17.04.
On November 2, 2021, the City Council adopted CMC Chapter 17.04 to identify standard environmental protection requirements that all construction, site improvement, and other related or similar projects must meet including, but not limited to, environmental mitigation measures identified in any environmental documents required as part of the 2014 General Plan update. CMC 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. The ordinance identifies a radius within which noticing must be done depending on the size of the project. For the two projects being discussed here, projects on sites that are more than 0.5 acres or four or more residential units, the notice must be sent to property owners within 500 feet of the project site. Noticing language standards and details per CMC Section 17.04.050(G)(1)(a) are the same as those outlined in Mitigation Measure NOISE-1. The standards in CMC Chapter 17.04 were adopted after environmental documents were completed and presented to the Environmental Review Committee on October 28, 2021. As a result, the requirements of CMC Section 17.04.050(G)(1)(a) were not reflected in the MNDs presented to Planning Commission and Council for the Alan Row and Canyon Crossing Projects.
At this time, the project applicants for both projects are requesting an amendment to Mitigation Measure NOISE-1 to be consistent with the construction noise noticing requirements of CMC Section 17.04.050(G)(1)(a) for a 10-day notice period at 500 feet of the project site instead of a 90-day notice at 300 feet. This amendment would conform to the environmental standards that will be applied to all new projects moving forward after November 2021.
Modification of a mitigation measure requires reconsideration of the environmental review conducted for the Alan Row and Canyon Crossing Projects. Where none of the conditions set forth in 14 Cal. Code Regs. Section 15162(a) are met, an addendum may be adopted to implement a minor or technical correction to an adopted MND. Because the MND for each of the projects was adopted by Council, Council must determine whether to approve addenda to the MNDs. No recirculation of the CEQA documents or public hearing is required to approve an addendum.
The environmental consultant that prepared the MNDs (as well as Chapter 17.04), PlaceWorks, has prepared addenda to the MNDs for the Council’s consideration. The addenda support a determination that none of the conditions set forth in 14 Cal. Code Regs. Section 15162(a) are met and that addenda may be adopted to modify the mitigation measures for noticing for the Alan Row and Canyon Crossing Projects, in order to make noticing requirements consistent with CMC Section 17.04.050(G)(1)(a). For further discussion, please see the addenda prepared by PlaceWorks (Attachments G & H).
Next Steps
The City Council’s decision will be final unless reconsidered within 10 days of the decision.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
Prepared by: Erika Poveda, Associate Planner
Jeffrey Tsumura, Associate Planner
Piu Ghosh, Planning Manager
Reviewed by: Albert Salvador, Assistant Director of Community Development Christopher Jensen, City Attorney
Approved by: Dianne Thompson, Assistant City Manager
Attachments:
A – Draft Resolution No. 22-XX amending Mitigation Measure NOISE-1 for Alan Row B – Draft Resolution No. 22-XX amending Mitigation Measure NOISE-1 for Canyon Crossing Mixed-Use Project C - Resolution No. 22-007 (Alan Row)
D - Alan Row IS/MND
E - Resolution No. 22-001 (Canyon Crossing)
F - Canyon Crossing IS/MND
G - Alan Row IS/MND Addendum
H - Canyon Crossing Mixed-Use Project IS/MND Addendum
394\20\2348048.3
4/23/2018
6 1/13/22 City Council Meeting can be accessed here: https://cupertino.legistar.com/LegislationDetail.aspx?ID=5373585&GUID=89E06509-2BB8-4CAB-A856-ECAA4F45C297&Options=&Search= 14 Cal. Code Regs. Section 15262(a) states:
When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.