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Item No.: 5.2(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 ADOPTING THE US 101 AIRPORT
ELECTRONIC SIGNS PROJECT ADDENDUM TO THE
FINAL NORMAN Y. MINETA SAN JOSE INTERNATIONAL
AIRPORT MASTER PLAN AMENDMENT
ENVIRONMENTAL IMPACT REPORT, 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, the City of San José (“City”) acting as lead agency under the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”), prepared the Final Norman Y. Mineta San José International Airport Master Plan Amendment Environmental Impact Report, which analyzed the environmental impacts of: 1) modifying certain components of the airfield to reduce the potential for runway incursions; 2) updating the aviation demand forecasts and shifting the horizon year from 2027 to 2037; and 3) modifying future facilities requirements at the Airport to reflect updated demand forecast, all on an approximately 1,000 acre site; and
WHEREAS, in connection with the adoption of a resolution approving said Norman Y.
Mineta Airport Master Plan Update (Planning File No. PP18-103), the City Council adopted Resolution No. 79497 on April 28, 2020, setting forth certain findings pertaining to the Airport Master Plan Update Final Environmental Impact Report (FEIR) and adopting a mitigation monitoring and reporting program, all pursuant to the provisions of CEQA; and
WHEREAS, prior to the adoption of this Resolution, the Planning Director of the City of San José prepared an Initial Study and Addendum for the US 101 Airport Electronic NVF:JVP:JMD
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Item No.: 5.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Signs Project under Planning File No. PP18-10 (the “Addendum”), 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 US 101 Airport Sign Project (the “Project”) analyzed under the Addendum consists of the construction of two programmable electronic billboard freeway signs (a "north sign" and a "south sign") on San José Airport parcels; each display would be approximately 59 feet in width by 17 feet in height, resulting in a message surface of approximately 1,003 square feet; and it is the intent of the project applicant to enter into a lease agreement with San José Airport to construct and operate the signs with the purpose of the signs being to advertise to occupants of vehicles traveling on U.S. Route 101; and
WHEREAS, as further described in the Addendum, the implementation of the Project would not result in new significant effects on the environment beyond those already identified in the previously approved Norman Y. Mineta San José International Airport Master Plan Amendment FEIR, nor will the Project result in an increase in the severity of significant effects identified in the Norman Y. Mineta San José International Airport Master Plan Amendment FEIR, and identified mitigation measures, as amended, would continue to reduce each of those significant effects to a less-than significant level; and
WHEREAS, the Project will not result in any new significant effect or increase in the severity of an existing significant effect on the environment, revisions to standard measures and mitigation measures are not required; and
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Item No.: 5.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, prior to the adoption of this Resolution, the Planning Director of the City of San José circulated the Addendum for public review and comment for a period of 30 days from July 26, 2021, to August 25, 2021; and
WHEREAS, the City of San José received approximately 198 public comments during circulation of the Addendum, responded to comments in the Response to Comments/Errata to the Addendum; 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 Norman Y. Mineta San José International Airport Master Plan Amendment FEIR and the Addendum, including the 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 Norman Y. Mineta San José International Airport Master Plan Amendment FEIR and the Addendum thereto 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, are available for inspection by any interested person at that location and electronically on the Department of Planning, Building and Code Enforcement website, 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:
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THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Norman Y. Mineta San José International Airport Master Plan Amendment FEIR as modified by the Addendum, as well as other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Addendum modifying the Norman Y.
Mineta San José International Airport Master Plan Amendment FEIR prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Addendum modifying the Norman Y.
Mineta San José International Airport Master Plan Amendment FEIR 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 Addendum prepared for the Project (Planning File No. PP18-103). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Norman Y. Mineta San José International Airport Master Plan Amendment FIER and the Addendum 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 website, and (2) available for inspection by any interested person.
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ADOPTED this ______day of ___________, 2021, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
MITIGATION MONITORING AND REPORTING PROGRAM
Addendum to Norman Y. Mineta San José International Airport Master Plan
State Clearinghouse No. 2018102020
US 101 Airport Sign Project
(File No. PP18-103)
November 2021
EXHIBIT "A"
(File No. PP18-103)
Page | 2 File No.: PP18-103
Planning, Building and Code Enforcement
Amendments to Norman Y. Mineta San
José Airport Master Plan
File No. PP18‐103
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) whenever it approves a Project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during Project implementation.
The Initial Study/Addendum prepared for the Amendment to Norman Y. Mineta San Jose International Airport Master Plan Project concluded that the implementation of the Project could result in significant effects on the environment and mitigation measures were incorporated into the proposed Project. 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 Initial Study/Addendum concluded that the impacts from implementation of the Project would be less than significant.
The City of San José hereby agrees to fully implement the mitigation measures described below, which have been developed in conjunction with the preparation of an Initial Study/Addendum for the Project. The City understands that these mitigation measures, or substantially similar measures, will be adopted as conditions of approval to avoid or significantly reduce potential environmental impacts to less than significant levels.
EXHIBIT "A"
(File No. PP18-103)
Page | 3 File No.: PP18-103
Planning, Building and Code Enforcement
Amendments to Norman Y. Mineta San
José Airport Master Plan
File No. PP18‐103
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of
Compliance or
Mitigation Action
Timing of Compliance Oversight
Responsibility
Action /
Reports
Monitoring
Timing or
Schedule
BIOLOGICAL RESOURCES
Impact BIO-1: If determined to be present, the Project could have a substantial adverse effect on nesting birds.
MM BIO-1.1: Avoidance and Inhibition of Nesting.
Construction and tree removal/pruning activities
shall be scheduled to avoid the nesting season. Tree
removal and/or pruning shall be completed before
the start of the nesting season to help preclude
nesting. The nesting season for most birds and
raptors in the San Francisco Bay Area extends from
February 1 through August 31.
If feasible,
construction and tree
removal/pruning
activities shall be
scheduled to avoid the
nesting season. (Does
not apply to projects on
the airfield as no trees
are present or nearby.)
Tree removal and/or
pruning shall be
completed before the
start of the nesting
season to help preclude
nesting. The nesting
season for most birds
and raptors in the San
Francisco Bay Area
extends from February
1st through August
31st, inclusive.
The City's
Director of
Planning,
Building and
Code
Enforcement
(PBCE) (or
Director's
designee) and
Airport staff.
Confirm that
demolition and
construction
activities are
scheduled
outside of the
nesting
season.
Prior to the start of
any ground
disturbance and
related activities
MM BIO-1.2: Preconstruction Survey(s). If it is not
possible to schedule construction activities during
the period of September 1 through January 31, then
a qualified ornithologist shall conduct a
preconstruction survey for nesting raptors, yellow
warblers, San Francisco common yellowthroats,
white-tailed kites, and other migratory birds within
on-site trees as well as all trees within 250 feet of
the site to identify active bird nests that may be
disturbed during project construction. This survey
If it is not possible to
schedule construction
activities during the
period of September
1st through January
31st, inclusive, then
a qualified
ornithologist shall
conduct a
preconstruction survey
This survey shall be
completed no more
than 14 days prior to
the initiation of any
demolition/construction
activities (including
tree removal and
pruning).
The City’s
Director of
PBCE (or
Director’s
designee).
Review and
approve the
preconstruction
survey.
Prior to the start of
any construction
activities within
250 feet of trees.
EXHIBIT "A"
(File No. PP18-103)
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Planning, Building and Code Enforcement
Amendments to Norman Y. Mineta San
José Airport Master Plan
File No. PP18‐103
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of
Compliance or
Mitigation Action
Timing of Compliance Oversight
Responsibility
Action /
Reports
Monitoring
Timing or
Schedule
shall be completed no more than fourteen days prior
to the initiation of construction activities (including tree removal and pruning). During this survey, the
ornithologist shall inspect all trees and other
possible nesting habitats in and immediately
adjacent to the construction areas for nests.
If the survey does not identify any nesting birds that
would be affected by construction activities, no
further mitigation is required.
If an active nest is found sufficiently close to work
areas to be disturbed by these activities, the
ornithologist (in consultation with CDFW) shall
designate a construction-free buffer zone to be
established around the nest to ensure that no
nests of species protected by the MBTA and
California Fish and Game Code would be disturbed
during construction activities. The buffer shall
remain in place until a qualified ornithologist has
determined that the nest is no longer active.
for nesting raptors and
other migratory birds
within onsite trees as
well as all trees within
250 feet of the site to
identify active bird
nests that may be
disturbed during
Project construction
within 14 days prior to
the proposed
activities. [Does
not apply to projects
on the airfield as no
trees are present or
nearby.]
MM BIO-1.3: Reporting. A final report on nesting
birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if
any), and protection measures (if required), shall be
submitted and approved by the City’s Director of
Planning, Building, and Code Enforcement o
r
Submit a final report
on nesting birds and
raptors, including
survey methodology,
survey date(s), map of
identified active nests
Prior to the start of any
tree removal, grading,
demolition, and/or
building permit or
activities.
The City’s
Director of
PBCE (or
Director’s
designee).
Review and
approve a final
report on nesting
birds and
raptors.
Prior to any tree
removal, grading,
demolition, and/or
construction
activities.
EXHIBIT "A"
(File No. PP18-103)
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Planning, Building and Code Enforcement
Amendments to Norman Y. Mineta San
José Airport Master Plan
File No. PP18‐103
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of
Compliance or
Mitigation Action
Timing of Compliance Oversight
Responsibility
Action /
Reports
Monitoring
Timing or
Schedule
his/her designee prior to the start of grading. (if any), and protection measures (if required)
to the City’s Director
of PBCE
CULTURAL RESOURCES
Impact CUL-2: If any buried archaeological resources are impacted by Project, such resources could contain human remains.
MM CUL-2.1: In the event that human remains are
discovered during excavation and/or grading of the
site, all activity within a 100-foot radius of the find shall be stopped. The Santa Clara County Coroner
shall be notified and make a determination as to
whether the remains are of Native American origin
or whether an investigation into the cause of death is
required. If the remains are determined to be Native
American, the Coroner would notify the Native
American Heritage Commission (NAHC)
immediately. Once the NAHC identifies the most
likely descendants, the descendants would make
recommendations regarding proper burial, which
would be implemented in accordance with Section
15064.5(e) of CEQA Guidelines.
Measures for
procedures in the
event of discovery
shall be included on
all approved
construction plans.
If human remains are
found, Director of
PBCE or Director’s
designee shall be
notified along with the
Santa Clara County
Coroner. If determined
to be Native
American,
documentation on
recommendations by
the most likely
Measures shall be
included on approved
construction plans and
shall be implemented
during any excavation
and/or grading
activities.
The City’s
Director of
PBCE or
Director’s
designee, the
Santa Clara
County
Coroner, and
the NAHC
Director of
PBCE or
Director’s
designee shall
ensure measures
are included on
approved
construction
plans. If remains
are Native
American,
documentation
of
recommendation
of MLD and
implementation
shall be
reviewed.
Ensure measures
are included on
approved
construction plans
and implemented
during any
excavation and/or
grading activities.
EXHIBIT "A"
(File No. PP18-103)
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Planning, Building and Code Enforcement
Amendments to Norman Y. Mineta San
José Airport Master Plan
File No. PP18‐103
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of
Compliance or
Mitigation Action
Timing of Compliance Oversight
Responsibility
Action /
Reports
Monitoring
Timing or
Schedule
descendant (MLD)
and confirmation of
subsequent
implementation shall
be provide to the
Director of PBCE or
Director’s designee.
HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-2: The project could create a significant risk if hazardous materials in sufficient concentrations are present in soils and those materials are, in turn, released into the environment during construction.
MM HAZ-2.1: Prior to beginning construction, the
construction work areas shall be investigated to
characterize soil and groundwater quality at
potentially contaminated sites by completing a
limited soil and groundwater investigation. Samples
would be collected from each of the proposed work
areas that would be disturbed during project
construction and to the depth of the planned
excavation. Soil samples would be analyzed for any
chemical of concern including, but not limited to,
petroleum (as gasoline, diesel, and waste oil), Title
22 metals, Organochlorine Pesticides, and Volatile
Organic Compounds to evaluate the potential
presence of contamination. Groundwater samples
Prepare an SMP with
the results of soil and
groundwater samples.
Prior to the start of any
grading and
construction activities.
The City’s
Director of
PBCE or
Director’s
designee.
Review SMP
prior to start of
grading and
construction
activities.
Prior to the start of
any grading and
construction
activities.
EXHIBIT "A"
(File No. PP18-103)
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Planning, Building and Code Enforcement
Amendments to Norman Y. Mineta San
José Airport Master Plan
File No. PP18‐103
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of
Compliance or
Mitigation Action
Timing of Compliance Oversight
Responsibility
Action /
Reports
Monitoring
Timing or
Schedule
would be collected if construction projects are
anticipated to require dewatering. The results of
these soil and groundwater investigations would be
included in the Site Management Plan per MM
HAZ-2.2.
MM HAZ-2.2: The City shall require the
construction contractor for each sign location to
develop and implement a Site Management Plan
(SMP) or similar document to manage the cleanup
of contaminated soils. If applicable, an SMP shall
be prepared prior to construction to reduce or
eliminate exposure risk to human health and the
environment, specifically, potential risks associated
with the presence of contaminated soils. At a
minimum, the SMP shall include the following: 1)
results from any limited soil and groundwater
sampling conducted per MM HAZ-2.1; 2) stockpile
management including dust control, sampling,
stormwater pollution prevention and the installation
of BMPs; 3) proper disposal procedures of
contaminated materials; 4) monitoring, reporting,
and regulatory oversight notifications; and 5) a
health and safety plan for each contractor and
subcontractor working at the site that addresses the
safety and health hazards of each phase of site
Develop and
implement the SMP.
Measures in the SMP
shall be included on
approved construction
plans and
implemented during
construction activities.
Prior to approval of any
construction plans and
prior to the start of any
construction activities.
Measures shall be
implemented during
construction activities.
The City’s
Director of
PBCE or
Director’s
designee.
Review SMP
and ensure it
includes all
requirements
listed in MM
HAZ-2.2 and all
measures are
included on
approved
construction
plans.
Prior to the start of
any construction
activities.
EXHIBIT "A"
(File No. PP18-103)
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Planning, Building and Code Enforcement
Amendments to Norman Y. Mineta San
José Airport Master Plan
File No. PP18‐103
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of
Compliance or
Mitigation Action
Timing of Compliance Oversight
Responsibility
Action /
Reports
Monitoring
Timing or
Schedule
operations with the requirements and procedures for
employee protection. The health and safety plan
would also outline proper soil and/or groundwater
handling procedures and health and safety
requirements to minimize worker and public
exposure to contaminated soil and/or groundwater
during construction.
Source: Norman Y. Mineta San José International Airport Master Plan EIR (April 18, 2020) EXHIBIT "A"
(File No. PP18-103)