NVF:VMT:JMD
12/17/2021
1 T-41008.002/1877760
Council Agenda: 01-11-2022
Item No.: 10.2(a)
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 A DOPTING THE EMPIRE LUMBER MIXED -
USE MITIGATED NEGATIVE DECLARATION, FOR
WHICH AN INITIAL STUDY WAS PREPARED, ALL IN
ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS A MENDED, 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 Empire Lumber Mixed- Use Project under Planning File Nos. PDC15-067 and ER20-102 (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 Planned Development Rezoning from CG Commercial General Zoning District and LI Light Industrial Zoning Distr ict to CP (PD) Commercial Pedestrian Planned Development Zoning District to allow the demolition of all existing one- story commercial building and surface parking lot and to allow the construct ion of a seven- story mixed-use building with 60,330 square feet of commercial space and up to 408 residential units, as well as one-level below -grade parking and two levels of above grade parking, on the 2.77- acre project site located at 1260 East Santa Clara Street (Assessor’s Parcel Number 467 -33-001, -002, -003, -004, -006, -007, and - 008.), San José, California; and
WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in certain significant effect s on the NVF:VMT:JMD
12/17/2021
2 T-41008.002/1877760
Council Agenda: 01-11-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
environment and identified mitigation measures t hat would reduce each of those significant effects to a less-than-significant level; and
WHEREAS, in connection with the approval of a project involving the preparation of an initial study /mitigated negative declaration that identifies one or more signifi cant 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 meas ures 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 Init ial 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, NVF:VMT:JMD
12/17/2021
3 T-41008.002/1877760
Council Agenda: 01-11-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
3rd Floor Tower, San José, California, 95113, are available for inspection by any interested person at that location and on the Planning Department website (www.sanjoseca.gov/Planning) and are, by this reference, incorporated into this Resolution as if fully set forth herein;
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 analy zed the Initial Study/ Mitigated Negative Declaration and other information i n 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 Jos é, as lead agency for the Proj ect. 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 Jos é, 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 environm ent and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. PDC15-067 and ER20-102). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporat ed herein. The Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the NVF:VMT:JMD
12/17/2021
4 T-41008.002/1877760
Council Agenda: 01-11-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 at www.sanjoseca.gov/Planning, and (2) available for inspection by any interested person.
ADOPTED this ____ day of _________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
MITIGATION MONITORING AND REPORTING PROGRAM
Empire Lumber Mixed~Use Project
File No. PDC15-067 and ER20-l02
December 2020
. . :CITYOF"'
SANJOSE
· .CAPITAL OF SILICON VALLEY
EXHIBIT "A"
(File Nos. PCD15-067; ER20-102)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting . Prograui (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment.
T4e purpose of the morutoring and reporting program is to ensure compliance with the mitigation measures during project implementation . . The Initial Sfudy (IS) prepared for the En;ipire Lumber Mixed-Use Project concluded that the implementation of the project could result in significant. effects. on the environment and J.Ditigatioti measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.
This document does not discuss those subjects for which the IS concluded that the impacts from implementation of the project would be less than significant. :
· I ..11 J/ Pcui\,, ,Ni~.r -t · · · ·
I, V Ft;; Dl/te(..,, , the applicant, on the behalf of ::t'flA ul,1·1t OtvefoflAelii.ereby agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an IS for my proposed project I understand that these . mitigation measures or substantially similar measures will be adopted as conditions of approval with my development pennit request to avoid or · significantly reduce potential environmental impacts to a less than. significant level, whe_re ·feasible.
Projoct Appti, .. e, s;gn,1ure_9_· -=.,;' ~E'--""·~.,...·-----------=---- Date lo-- l<f · 2l
l'uge i 1 _Fih: NL1.: PDC I S-067 and ER20-102
EXHIBIT "A"
(File Nos. PCD15-067; ER20-102)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. . CrJYOF A
SANJOSE
CAPITAL OF·SlllCON VAUEY
MITIGATfONS
Planning, Building and Code Enforcement .
CHRISTOPHER BURTON, DIRECTOR
.Empire Lumber Mixed-Use Project
File No. PDClS-067 and ER20-102
MONITORING AND REPORTING PROGRAM
Documentation of Compliance . Documentation ·ofCompliance [froject Applicant/Proponent Responsibility] (Lead Ageney Responsibility) Method of Compliance Timing of Oversight Monitoring
Or Mitigation Action Compliance Responsibility Actions/Reports Timing or Schedule
. iiffi?..jt'fi:llmllv!Jr~il1!lfflltl!lilhi~v~lfiiJfH~~,,:~1':;~tf:;;~:;:,;":}:·::;}}stf,tf\'!\i!:;f,1H'.~~~tt~li5iJl~filifflltf~~~~£i~W~~iif.i;?)!iRK•~;;~~:t\;~r.~~!M:l~ritrJl~- Impact AIR-1: Construction activities associated with the proposed project would expose children·near the project site to temporary TAC emissions in excess of acceptable risk thresholds.. . . .
MM AIR-1.1: All diesel-powers off-road equipment: The applicant shall submit a Prior to issuance of Department of Lead agency shall Prior to and larger than 50 horsepower and operating at the site for conslruction operations plan a grading, Planning, Building and review the during more than two days continuously·shall meet U:S. EPA . that includes specifications demolition, and/or Code En,forcetl!ent . consmiction demolition and particulate matter emissfons standards for Tier 2: · · ofihe equipment to be used building permit. operations plan that construction engines or equivalent. during con,tructiuu. The includes activities.
MM AIR-1.Z: All diesel-powered portable equipment plan shall be accompanied specifications of (i.e., air compressors, concrete saw3, and generators) by a letter signed by an air the equipment to be . operating on. the site for more than two days shall meet quality specialis~ verifying used • U.S. EPA particulate matter emissions standards for that the equipmeru inchided Tier 4 engines or equivalent. . in the plan meets the
· standards set forth in these
MM AIR-tJ: All forklifts shall meet Tier 4 mitigation.measures. requirements or use alternative fuels such as propane.
MM AIR-i.4: Prior to the issuance of any demolition,
grading; and/or building perntits (whichever occurs
first), the pi:oject applicant shall submit to the Director of Planning or Directm 's designee a construction
operations plan that includes specifications of the
equipment to be used during construction prior to the
issuance of any demolition, grading, and/or building
pen,nits (whicheyer occurs earliest). 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 in Mitigation
Measure A!Ral.l .to 1.3.
Page I:! F ile No.: PDC'l5 -067 m1d ER:20-102
EXHIBIT "A"
(File Nos. PCD15-067; ER20-102)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
MM B10:1.1: The project applicant shall schedule Avoidance of construction Prior to any tree Supervising A report indicating Prior to de!llolition arid construction activities to avoid.the activities during nesting removal or issuance Environmental Planner ihe results ofihe · demolition ·and nesting season. Thenesiliig season for.most birds, seasons. If not possible, pre• of any grading of the Department-of survey (or any constniction incJuding most Tllptors in the San Francisco.Bay area, construction surveys shall he permits (whichever.. Planning, Building and other activities. extends from February 1" through August 3 I" conducted by a qualified occurs first). Code-!mforcement. ·environmental (inclusive), as amended: ornithologist and investigation construction-Jree buffer repo~ if MM B10-U: If it IS not possible to schedule · demolition _and construction be~n September I~-and
January 31" (inclw,jvi:), pre-construction sui-veys for nesting birds _shall be coinpleted by a qualified
ornithologist to.ensure that no nests shall be disturbed during project implementation. This 81DVey shall be
. completed no more than.14 days prior to the Initiation of construction activities during the early part of the breeding season (February 1st through April 30'1'
· . inclusive) and no more than 30 days prior to the
initiation of these activities during the last part of the· breeding season (May I" through August 31" .
inclusive). During this survey, the· ornithologist shall· inspect all trees and other possible nesting habitats
illllllCdiately adjacent to the construction areas for
nests.
l\'IM BIO:l.3: If an active nest is found sufficiently
~lose to work areas to be disturbed by construction, the ornithologist, in consultation with the.California ·
Department offish and Wildlife, shall determine the
extent of a construction free buffer zone to be ·
established around the nest, typil:ally 250 feet, to
ensure. that raptoror migratory bird ncslS shall not be· disturbed during project construction. nie no
disturbance buffer shall remain in place until the
biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two
days or more then resumes again during the nesting
season, an additional survey shall be necessary to avoid impacts .to active bird nests that may be present. :
MM BI0-1 .4: Prior to any tree removal, or approval
of any-grading permits ( whichever comes first), the
project applicant shall submit the ornithologist's report indicati;ng the results of the survey and any designated buffer zones to the satisfaction of the Director of
Page i :i
zones shall be designated applicable) ·and any ·
around discovered nest. designated:buffer
zones.
File Nl,.: PDCl5-fJ67 and f-' R10-W2
EXHIBIT "A"
(File Nos. PCD15-067; ER20-102)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement or the
· Director's designee, prior to issuance of any grading or buildimz n,,m;its:
Im1111Ct HAZ-1: Construction activities' associated with the proposed project could expose construction workers and nearby land uses to hazardous materials . .
MJ¥ BAZ-1.1: Prior ·to issua11ce of grading permits,
shallow soil samples shall be taken on-site to deterinine the locatio_n of any contaminated soils wi1h ·
concentrations above worker safety thresbolda
established by the Regional Water Quality Control
Board (RWQCB). Once the soil sampling analysis is
complete, a report of the findings shall be provided to the Director of Planning, Building and Code
Enforcement for review and approval.
MM HAZ-1.2:.Any soils with residual chemicals
exceeding the RWQCB Enviromncntal Screening
Levels (ESLs) for commercial uses or hazardous waste
liinitswould be characterized, removed, and disposed
of off-site at a licensed hazardous materials disposal
site.
MM HAz.t.3: All measures will IJc printed on all
cons.truction documents, contracts, and projC\>l plans
prior to issuance of grading permits.
MM HAZ-1.4: If contaminated soils are found in
concentrations above established thresholds, a Site
Management Pian (SMP) shall be prepared by a
qualified hazardous materials consultant to establish
· management practices for handling contaminated soil
or other materials encountered during construction
activities. The sampling results shall be compared to
· appropriate risk-based screening levels in the SMP:
The SMP shall identify potential health, safety; and
environmental exposure considerations associated with
redevelopment activities and shall identify appropriate mitigation measures. The SMP shall be submitted to ·
the Supervising Environmental Planner oft11e•City of
San Jose Department of Plannini Building and Code
Enforcement and Santa Clara County Oepartment of
Environmental Health (or equivalent regulatory
agency) for approval prior to commencing construction
activities. The SMP shall include, but is not limited to, the followinir.
Page i 4
Site Management Plan shall
be completed by a qualified
hazardous ·materials
specialist if co1$1minated
· soils are found
Prior !9 issuance o:f: Santa Clara County
a grading permit · · .Department of
Environmental Health
or appropriate
regulatory agency,·•
shall review and ·
approve the Site
Management Plan.
Sanla Clara County
Department of
Environmental
Health or other
appropriate
·regulatory agency,
shall review and
approve the Site
Management Plan.
A copy of the final
Site Maoagement
Plan shall be
submitted to the
Supervising
Enviromnental
Planner of
Planning, Building
and Code
Enforcement.
The Site
·Management
Plan shall be
submitted and
approved prior
to construction
. end issuance of
a grading
peon.it.
File N~,.: PDCl5 -fi67 :md ER20- 102
EXHIBIT "A"
(File Nos. PCD15-067; ER20-102)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. • Proper mitigation as n:eeded for demolition of
existing structures;
· • Management of stockpiles, including
sampling, disposal, and qust and runoff
control including implementation of a
storrnwater pollution prevention program;
• Management of underground structures
encountered, including utilities and/or
Ullderground storage tanks;
• Procedures to follow if evidence of an
· unknown historic release of hazardous
materials ( e.g. underground storage tanks,
polychlorinated biphenyls [PCBs], asbestos
containing materials, lead-based paint, etc.}" is
. discovered during excavation or demolition . ·
· . activities; ·
• Traffic control site improvements;
• · Noise, work hours, and other relevant City
regulations; ·
. • Mitigation of soil vapors (if required);
• Procedures for proper disposal. of
.contaminated materials (if required); and .
. monitoring, reporting. and regulatory ·
· oveniidit arran2emcnts.
· _1~ttmt~ 1~~~9i~~)~~i~(jHt-~t:m~fr)U~!~!tti> ·iJr~::::FHr\\-_·; · > • = ..... · - .;;~~-ti.i;it:~~~: :~}~t\-1i~{t~1J!i ~~:f'':-·,. l ~ ·!· \,. . '. _:-_:_:-~ :( ( ·:-·?.,:·.1~D~~tturjgmmjlj?J~m~t Jmpact NOI-1: Nearby )and uses would be exposed to increased noise levels for a period Qfmore than 12 months duting project construction.
MM NOl-1.1: A construction noise logistics plan, _in . A construction noise Prior to the issuance :Supervising The construction The co_nstruction accordance with General Plan Policy EC.1.7, shall _be logistics plan will be of grading permit. .Environmental Planner noise logistics pl~ noise logistics required prior to issuance of a grading pcmiit A prepared. of Planning, Building shall be su!)mitied plan shall be typical construction noise logistics plan will ·,nclude, and Code 10· the Supervising · submitted to the but not be limited to, the following measures to reduce Enforcement. Environmental City prior to construction noise levels: · P_lanner of cons1rue1ion.
• Cons~ent witll the St;m~rd Permit Planning; Building · · The measures Conditions, tell)J)Orary noise barriers will be ·and Code included in the constru~ted io screen :stationary noise-
. generating _equipment when located within Enforcement. plan will·be 200 feet of adjoining sensitive land uses. imple~en ted . · · Temporary noi"se barrier fences.will provide a during · five dBA noise reduction if the noise barrier conslJUction interrupts the line-of-sight between the noise with oversight sources and receptor and if the barrier is . by the applicant. constructed in a manner tllat eliminates any
cracks.or gaps.
• Locate cnu;ies as far from adjoinmg noise
sensitive recentors as possible.
. Page ! ~ File NL~.: PDC 15-067 and ER20- J()2
EXHIBIT "A"
(File Nos. PCD15-067; ER20-102)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. . During.final grading,substitute graders fur
bulldozers, where feasible. Wheeled heavy
equijlment are quieter than track equipment
and shall be used where feasible .
• . _Substitute nail guns for manual hammering;
. where feasible.
• Substitute electrically powered tools for
noisier pneumatic tools, wb.ere feasible.
• The ·contractor shall prepare a detailed
construction plan identifying the schedule for
major noise-generatjng construction activities.
The construction plan sliaJi identify a
procedure for coordination with adjacent
residential land uses so that constr:uciion
activities can'be scheduled to,:ninimize noise
disturbance.
Source; City of San Jose. Initial Study. Empire Lumber Mixed~Use Project. December 2020. !'age ! 6 File No.: PDL'l 5-067 :md E R20-I 02
EXHIBIT "A"
(File Nos. PCD15-067; ER20-102)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.