(1) Resolution — San Jose City Council, January 11, 2022

NVF:VMT:JMD
12/13/2021

1 T-41008.002/1873675_2
Council Agenda: 01-11-2022
Item No.: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

RESOLUTION NO. _______

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SAN JOSE ADOPTING THE OAKLAND ROAD COMFORT

SUITES MITIGATED NEGATIVE DECLARATION, FOR

WHICH AN INITIAL STUDY WAS PREPARED, ALL IN

ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AS AMENDED, AND

ADOPTING A RELATED MITIGATION MONITORING AND

REPORTING PROGRAM

WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Oakland Road Comfort Suites Project under Planning File Nos. PDC18-032 and PD18-042, (the “Initial Study/ Mitigated Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”); and

WHEREAS, the Oakland Road Comfort Suites Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of a rezoning from the CIC Combined Industrial/Commercial Zoning District to the CIC(PD) Planned Development Zoning District and a Planned Development Permit to construct a five-story, 48-room hotel with an alternative parking arrangement on an approximate 0.24-gross acre site located at the northeast corner of Oakland Road and Faulstich Court (Assessor’s Parcel Number 241-13-019), San José, California; and

WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and

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2 T-41008.002/1873675_2
Council Agenda: 01-11-2022
Item No.: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

WHEREAS, in connection with the approval of a project involving the preparation of an Initial Study/Mitigated Negative Declaration that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and

WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and

WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and

WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and

WHEREAS, the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and are available for inspection by any interested person at that location and on the Department of Planning, Building and Code Enforcement webpage (www.sanjoseca.gov/planning) and are, by this reference, incorporated into this Resolution as if fully set forth herein; NVF:VMT:JMD
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3 T-41008.002/1873675_2
Council Agenda: 01-11-2022
Item No.: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:

THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/ Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.

THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. PD18-042 and PDC18-032). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and on the Department of Planning, Building and Code Enforcement webpage (www.sanjoseca.gov/Planning) and (2) available for inspection by any interested person.

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12/13/2021

4 T-41008.002/1873675_2
Council Agenda: 01-11-2022
Item No.: 10.1(a)(1)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

ADOPTED this ____ day of _________, 20__, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

SAM LICCARDO
Mayor
ATTEST:

TONI J. TABER, CMC
City Clerk

MITIGATION MONITORING AND REPORTING PROGRAM
Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032
March 2021
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)
Page | 2 File Nos.: PD18-042 & PDC18-032
Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032

AIR QUALITY
Impact AIR-1: Construction activities associated with the proposed project would expose the off-site receptors to cancer risk and PM2.5 emissions in excess of BAAQMD thresholds.

MM AIR-1: Cleaner Off-road Construction
Equipment. The following mitigation measure shall be
implemented during all phases of construction to
reduce potential exposure of diesel particulate matter
(DPM) and particulate matter less than 2.5 micrometers
in aerodynamic diameter (PM

2.5) emissions to sensitive
receptors located near the Project site. Prior to the
issuance of any demolition, grading and/or building
permits (whichever occurs earliest), the project
applicant shall prepare and submit a construction
operations plan that includes specifications of the
equipment to be used during construction to the
Director of Planning, Building and Code Enforcement
or the Director’s designee. The plan shall be
accompanied by a letter signed by an air quality
specialist, verifying that the equipment included in the plan meets the standards set forth below:
• For all construction equipment larger than 25
horsepower used at the site, equipment shall
m
eet U.S. EPA Tier 4 emission standards.

Tier 4 Interim engines shall, at a minimum,
meet United States Environmental Protection
Agency or California Air Resources Board
During all phases of
construction to reduce
potential exposure of DPM
and PM2.5.

S
ubmit a construction
operation plan to the
Director of Planning,
Building and Code
Enforcement of Director’s
designee. The plan shall be
accompanied by a letter
signed by an air quality
specialist.

Prior to issuance of
any demolition,
grading and/or
building permits
(whichever occurs
earliest)
Director of Planning,
Building or Code
Enforcement or the
Director’s designee
Review the three-
year post-
construction
monitoring plan
and lighting design
strategy.

R
eview the
verification letter
or plan.

Prior to issuance
of any building
permits.

Planning, Building and Code Enforcement

ROSALYNN HUGHEY, DIRECTOR
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

Page | 3 File Nos.: PD18 -042 & PDC18-032

Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
(CARB) particulate matter emissions
standards for Tier 4 Interim engines.
• Alternatively, use of CARB-certified Level 3
diesel particulate filters on off-road equipment
with engines greater than 75 horsepower can
be used in lieu of Tier 4 Interim engines or in
combination with Tier 4 Interim engines.
• The construction contractor shall maintain
records documenting its efforts to comply
with this requirement, including equipment
lists. Off-road equipment descriptions and
information shall include, but are not limited
to, equipment type, equipment manufacturer,
equipment identification number, engine
model year, engine certification (Tier rating),
horsepower, and engine serial number. The
plan shall be submitted to the Director of
Planning, Building and Code Enforcement or
the Director’s designee for review and
approval prior to the issuance of any
demolition, grading and/or building permits
(whichever occurs earliest).

BIOLOGICAL RESOURCES
Impact BIO-1: Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or othe rwise lead to nest abandonment.

Planning, Building and Code Enforcement

ROSALYNN HUGHEY, DIRECTOR
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

Page | 4 File Nos.: PD18 -042 & PDC18-032

Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032

If demolition and construction activities cannot be
scheduled between September 1 and January 31
(inclusive), pre-construction surveys for nesting birds shall be completed by a qualified biologist or
ornithologist prior to the issuance of any grading
permits to ensure that no nests shall be disturbed
during project implementation. The nesting bird pre-
construction survey shall be conducted within the
project boundary, including a 300-foot buffer (500-foot for raptors). The survey shall be conducted by a
qualified biologist familiar with the identification of avian species known to occur in the area. The pre-
construction survey shall be completed no more than
14 days prior to the initiation of construction activities during the early part of the breeding season (February
1 through April 30, inclusive) and no more than 30
days prior to the initiation of these activities during the Conduct pre-construction
surveys.

Submit a report indicating
the results of the survey and
any designated buffer zones
to the Director of Planning,
Building and Code
Enforcement or Director’s
designee
Prior to issuance of
grading and
building permits.

No more than 14
days prior to any
ground disturbing
and vegetation
removal activities
Director of Planning,
Building or Code
Enforcement or the
Director’s designee

Review the report
indicating the
results of the
survey and any
designated buffer
zones.

Prior to issuance
of any building
permits.

Planning, Building and Code Enforcement

ROSALYNN HUGHEY, DIRECTOR
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

Page | 5 File Nos.: PD18 -042 & PDC18-032

Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032

If active nests are found, the qualified biologist or
ornithologist, in consultation with California
Department of Fish and Wildlife (CDFW), shall
determine the extent of a construction-free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests will not be
disturbed during project construction (which depends
upon the species, the proposed work activity, and
existing disturbances associated with land uses outside the site). The buffer zone shall be demarcated by the
qualified biologist or ornithologist with bright orange construction fencing, flagging, construction lathe, or
other means to mark the boundary. All construction
personnel shall be notified as to the existence of the
buffer zone and shall be instructed to avoid entering
the buffer zone during the nesting season. No ground
disturbing activities shall occur within this buffer until the qualified biologist or ornithologist has confirmed
that breeding/nesting is completed and the young have
fledged the nest. Encroachment into the buffer shall
occur only at the discretion of the qualified biologist.

The project applicant shall submit a report to the City’s Director of Planning, Building and Code Enforcement
or Director’s designee indicating the results of the

Planning, Building and Code Enforcement

ROSALYNN HUGHEY, DIRECTOR
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

Page | 6 File Nos.: PD18 -042 & PDC18-032

Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Historic agricultural activities on the Project site may have impacted subsurface soil with pesticide residuals, which could be released during excavation and construction activities for the Project.

MM HAZ-1: Soil Sampling. Prior to the issuance of
any grading, or excavation permits, the Project
applicant shall retain a qualified environmental
consultant to conduct soil sampling to test shallow
soils on the site for organochlorine pesticides and
pesticide-based metals (e.g., lead and arsenic). The
qualified environmental consultant shall compare
results to the Regional Water Quality Control Board
Environmental Screening Levels and prepare
documentation to outline the soil sample data and
testing and submit the results to the Director of
Planning, Building, and Code Enforcement or
Director’s designee and the Environmental Compliance
Officer in the City of San Jose’s Environmental
Services Department.

If residual contaminants are found and are above
environmental screening levels, the Project applicant
shall implement appropriate management procedures,
Conduct soil sampling. If
contaminated soil is found
then, implement the
requirements and
recommendations of the
SCCDEH.

Submit the requirements and
recommendations of the
SCCDEH to the
Environmental Compliance
Officer of the City’s
Environmental Services
Department for review.

Prior to the issuance
of any site
demolition, grading,
or excavation
permits
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
and the Environmental
Compliance Officer of
the City’s
Environmental
Services Department

SCCDEH

Director of
Planning, Building
and Code
Enforcement or the
Director’s designee

SCCDEH, if
cleanup is required
Prior to the
issuance of any
grading, or
excavation
permits.

Planning, Building and Code Enforcement

ROSALYNN HUGHEY, DIRECTOR
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

Page | 7 File Nos.: PD18 -042 & PDC18-032

Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032

If contaminated soils are found in concentrations above established regulatory environmental screening levels,
the Project applicant shall enter into the Santa Clara
County Department of Environmental Health’s
(SCCDEH) Site Cleanup Program or equivalent to
formalize regulatory oversight of the mitigation of
contaminated soil to ensure the site is safe for
construction workers and the public after development.

The SCCDEH (or equivalent oversight agency) may
require development of a Removal Action Plan, Soil
Mitigation Plan, or other similarly titled report to
document the removal and /or capping of contaminated
soil. A copy of any reports prepared along with proof
of regulatory oversight shall be submitted to the
Director of Planning, Building, and Code Enforcement,
or Director’s designee, and the Municipal Compliance
Officer of the City of San José Environmental Services
Department. All work and reports produced shall be

Planning, Building and Code Enforcement

ROSALYNN HUGHEY, DIRECTOR
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

Page | 8 File Nos.: PD18 -042 & PDC18-032

Oakland Road Comfort Suites Project
File Nos. PD18-042 & PDC18-032

NOISE
Impact NOI-1: Mechanical equipment associated with project operation is not known at this time and has the potential to exceed 55 dBA DNL at the adjacent reside ntial property lines.

MM NOI-1: Acoustical Study. Prior to issuance of
any building permits and during final building design,
the project applicant shall prepare a detailed acoustical study to evaluate the potential noise generated by
building mechanical equipment and demonstrate the
necessary noise control to meet the City’s 55 dBA
DNL goal. Noise control features such as sound
attenuators, baffles, and barriers shall be identified and evaluated to demonstrate that mechanical equipment
noise would not exceed 55 dBA DNL at noise-sensitive
locations around the project site. The noise control
features identified by the study shall be incorporated
into the project prior to issuance of a building permit.

The detailed acoustical study demonstrating that
mechanical equipment would not exceed 55 dBA DNL
at adjacent sensitive receptors shall be signed by a
qualified noise consultant and submitted to the Director of Planning, Building, and Code Enforcement, or
Director’s designee, prior to the issuance of a building permit.

Prepare a detailed acoustical
study.

Submit the study to the
Director of Planning,
Building and Code
Enforcement or Director’s
designee
Prior to the issuance
of any building
permit
Director of Planning,
Building and Code
Enforcement or the
Director’s designee

Director of
Planning, Building
and Code
Enforcement or the
Director’s designee

Prior to the
issuance of any
building permit

Planning, Building and Code Enforcement

ROSALYNN HUGHEY, DIRECTOR
EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

Page | 9 File Nos.: PD18 -042 & PDC18-032

Source: City of San José. Initial Study Oakland Road Comfort Suites Project. March 2021.

EXHIBIT "A"
(File Nos. PDC18-18-042; PD18-032)

San Jose City CouncilJanuary 11, 2022

San Jose City Council
January 11, 2022