Per Court Order, Sunnyvale City Council Decertifies Mary Avenue Extension Project

By Alia Wilson, Sunnyvale Sun Posted 06/29/2011

awilson@community-newspapers.com

As ordered by the Superior Court, the Sunnyvale City Council decertified the Mary Avenue Extension Project environmental impact report and project approval Tuesday night, three years after it was originally approved.

The action followed a lawsuit filed by the Sunnyvale West Neighborhood Association in 2008 that contested the approval and adequacy of the EIR. The project was for a proposed bridge at the north end of Mary Avenue at Almanor Avenue. The bridge to the Moffett Business Park was designed to allegedly mitigate part of the traffic effects of the Moffett Towers.

Sunnyvale Palo Alto Medical Foundation PAMF Backyard Clamor Exceeds City Noise Ordinance

Unless you drive or walk by  the 301 Old San Francisco Road Sunnyvale Palo Alto Medical Foundation (PAMF) excavation site and physically observe the aggressive shoring currently proceeding forward, despite the CEQA PAMF EIR litigation Appeal, one would never grasp the intensity and scope of the project.

Per the PAMF Respondent CEQA Appeal Brief by Trainor Fairbrook dated April 22, 2011, the site is described “The PAMF’s medical campus is separated from other residences by a large parking lot . . . ” conveying an image or perception of vast “buffered” space between the PAMF site and adjacent Single Family Low Density Residential Homes.

Just look how close this giant excavator is digging furiously immediately behind this Sunnyvale Jarvis Court Home. The excavation or  Shoring Systems will be two levels below grade (25 feet) at the 301 Old San Francisco Sunnyvale PAMF site, just 10 feet from the adjacent residential lot line observed in the photo.

Jarvis Court PAMF Backyard Excavation Exceeds Sunnyvale Noise Ordinance

Neighbors have stated that the vibration feels like continuous earthquakes. The walls shake, they fear damage and items falling from their walls while nerves remain shaken.

Sunnyvale PAMF Construction Jarvis Court Adjacent to Neighbor Residences Exceeds City Noise Ordinance

The PAMF DEIR/FEIR was required by CEQA to explore mitigation measures to reduce the loud noise to a level compliant with the City of Sunnyvale Noise Ordinance.

In fact, the initial indicators, according to John Schwarz, of David J Powers & Associates,  warned Sunnyvale Planners Gerri Caruso and Trudi Ryan 9/19/08 writing “given the proximity of the residential uses, the HIGH construction levels anticipated and the duration of exposure to those levels . . . do not give it to Camino until we have a chance to discuss it.”

According to the PAMF DEIR Noise Impact Analysis, page 89, the Demolition and Site Preparation Noise Levels will reach 75 at Jarvis Court and 70 at Bayview which exceeds acceptable standards, according to the City of Sunnyvale Noise Ordinance.

The PAMF project construction noise is estimated to be two and ½ years at an estimated project cost of $120M or $190M (PAMF versus the City of Sunnyvale estimates).

Supreme Court Denies VTA’s Request for Sunnyvale West v. City of Sunnyvale City Council Depublication

The SUNNYVALE WEST NEIGHBORHOOD ASSOCIATION v. CITY OF SUNNYVALE CITY COUNCIL Certified for Publication Decision is significant and historic. A big win not only for the Mary Avenue Extension Project (MAEP) residents living nearby, but for all communities in California affected by projects requiring an Environmental Impact Report (EIR)  in compliance with the California Quality Environmental Act (CEQA) law and policy.

The Published Decision is so significant, in fact, seeming to rattle the systems of massive agencies, such as The Santa Clara Valley Transportation Authority (VTA) as they led, with an additional 15+ other public agencies and private industry groups, in filing a multitude of Briefs to the Supreme Court with Requests for Depublication this past February.

The VTA’s et al Request to Depublish the SUNNYVALE WEST NEIGHBORHOOD ASSOCIATION v. CITY OF SUNNYVALE CITY COUNCIL was denied by The Supreme Court yesterday, April 27, 2011. The case is now closed. 

Failed City of Sunnyvale Mary Avenue Extension Project Fees Almost $1.3M and Rising

The City of Sunnyvale has been charged close to a whopping $1.3M to date for the failed Mary Avenue Extension Project (MAEP) with additional expenses to De-Publish Precedent Opinion climbing and still yet unknown.

Filed and Published December 16, 2010, the 6th Appellate Court ruled against the City of Sunnyvale Council’s approval of the proposed Mary Avenue Extension Project and its Certification of the Final Environmental Impact Report (FEIR).

The Appellate Court found the City of Sunnyvale’s usage of year 2020 hypothetical traffic “baseline” to be legally deficient. The FEIR did not consider the project’s traffic and related impacts on the existing environment and “constituted a failure to proceed in the manner required by law.”  

David J Powers John Schwarz Warns of Significant PAMF Noise Impacts To Residents

The City of Sunnyvale has permitted The Palo Alto Medical Foundation (PAMF) Project to begin demotion and excavation despite the current CEQA litigation.

PAMF Giant Pit 301 Old San Francisco Road, Sunnyvale

Click here for the PAMF building webcam activity.

This surprising approval seemingly contradicts the first indicator that the PAMF Rebuild Project, located at 301 Old San Francisco Road, required an Environmental Impact Report (EIR),  according to CEQA, due to the intense construction noise impacts occurring from demolition and excavation that would exceed The City of Sunnyvale Noise Ordinance for an extended amount of time.

On 9/19/08 John Schwarz, of David J Powers & Associates, forwarded the draft environmental noise report from Illingworth & Rodkin to Sunnyvale Planners Gerri Caruso and Trudi Ryan warning “given the proximity of the residential uses, the HIGH construction levels anticipated and the duration of exposure to those levels . . . do not give it to Camino until we have a chance to discuss it.”     

Sunnyvale Palo Alto Medical Foundation Demolishes Building Despite CEQA Litigation

The Sunnyvale Palo Alto Medical Foundation (PAMF), a Subsidiary of Sutter Health, has demolished the former 301 Old San Francisco Road  Building and is preparing the site despite the PAMF Environmental Impact Report (PAMF EIR) CEQA Litigation.

Click here for the PAMF building webcam activity.

PAMF Plywood Fence Noise Barrier. Will this be Adequate?

Note the 8′ plywood fence noise barrier. According to the PAMF DEIR, the purpose is to shield adjacent residences from MAJOR noise generating phases of demolition and construction to reach 75dBA on Jarvis Court, exceeding The City of Sunnyvale Noise Ordinance.            

Sunnyvale PAMF Plans Demolition and Excavation Despite CEQA Litigation

Despite the Sunnyvale Palo Alto Medical Foundation (PAMF)  Environmental Impact Report (EIR) CEQA Legal Dispute, Building Permit Plans have been submitted to the City of Sunnyvale to begin demolition and excavation in February.

Click here for the PAMF building webcam activity.

According to Sunnyvale Planner Steve Lynch, PAMF has submitted plans for the foundation and grading permits (first submittals) and staff is currently reviewing the package. Cynthia Greaves, Public Affairs Manager for PAMF, relayed “demolition of the old medical building will take about two weeks, after which the construction company will prepare the site for the excavation of the parking structure. A temporary fence will be placed around the work site perimeter as a safety barrier.”

According to Occupational Safety and Health Administration (OSHA) excavating is recognized as one of the most hazardous construction operations.   

Sunnyvale West CEQA Win Rippling Effect Throughout California Courtrooms

The Sunnyvale West v City of Sunnyvale Council Appellate CEQA win is causing an immediate impact and rippling effect throughout the state of California courtrooms. In Southern California, for example, attorneys for both sides are using the Sunnyvale decision as arguments for the Expo Line Phase 2 lawsuit.

Published Dec 22, 2010 “The Sunnyvale Decision” and Phase II of Expo: Game Changer or Footnote?  Damien Newton writes “After NFSR lawyer John Bowman introduced case-law that was decided five days ago, Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council, things changed.  In Sunnyvale, a state superior court ruled that the city’s environmental review of a road extension violated state law because it based it’s review on traffic projections for 2020 instead of current conditions.  The mitigation plan for Expo are based on traffic projections for 2030.”  

City of Sunnyvale Found GUILTY of Violating CEQA Law Rules Appellate Court

Congratulations and Joyous Holiday Wishes to Plaintiffs Dr. Bill Mathews, Eleanor Hansen, Tammy Salans, Gopal Patangay, as head of the Sunnyvale West Neighborhood Association and Attorney Zan Henson who sued the City of Sunnyvale Council to decertify the Environmental Impact Report (EIR) for a proposed bridge at the north end of Mary Avenue (at Almanor) called the Mary Avenue Extension Project EIR and WON!

For the ruling, click here.

The City of Sunnyvale Council must set aside its approval of the Mary Avenue Extension Project until a legally adequate EIR has been prepared and considered.

Certified for Publication and filed 12/16/10, the California Court of Appeals rules “The City of Sunnyvale’s use of hypothetical traffic conditions of Year 2020 violates CEQA Law. The failure to comply with the law subverts the purposes of CEQA if it omits material necessary to informed decisionmaking and informed public participation.”   

PAMF Sunnyvale Warns of Asbestos

PAMF Public Affairs Manager Cynthia Greaves warned the Sunnyvale Palo Alto Medical Foundation Heritage District Neighbors, December 7, 2010, of clean-up work demolishing tiles and insulation containing asbestos to begin and continue throughout the month of December.

Click here for the PAMF building webcam activity.

What ever happened to holiday twinkling Christmas lights, reindeer and an occasional sighting of Santa during the month of December? No, instead, PAMF neighbors and Sprouts shoppers will be greeted with dumpsters containing dust, old tiles and removed insulation containing asbestos in the remedial work of the two story, 72,065 sq. ft. Sunnyvale Palo Alto Medical Foundation site.