(1) Resolution — San Jose City Council, May 10, 2022

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RESOLUTION NO._______

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SAN JOSE ADOPTING THE DUPONT RESIDENTIAL

PROJECT ADDENDUM TO THE DOWNTOWN
STRATEGY 2040 FINAL ENVIRONMENTAL IMPACT

REPORT, ALL IN ACCORDANCE WITH THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS

AMENDED

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, completed, and adopted the Final Environmental Impact Report for the Downtown Strategy 2040 (“Downtown Strategy 2040 FEIR”), which updated and replaced the Downtown Strategy 2000 Final Environmental Impact Report, and analyzed the environmental impacts of increased Downtown development capacity to the year 2040 consistent with the General Plan; and

WHEREAS, the Planning Commission of the City reviewed and recommended the City Council of the City of San José (the City Council) certified said Downtown Strategy 2040 FEIR on November 28, 2018; and

WHEREAS, in connection with the adoption of a resolution approving said Downtown Strategy 2040 (Planning File No. PP15-102), the City Council adopted Resolution No. 78942 on December 18, 2018, setting forth certain findings pertaining to the Downtown Strategy 2040 FEIR and adopting a mitigation monitoring and reporting program, all pursuant to the provisions of CEQA; and

WHEREAS, the Dupont Residential Project (the “Project”) analyzed under the Addendum consists of a Planned Development Rezoning, Vesting Tentative Map, and Planned Development Permit to facilitate the demolition of 64,800 square feet of NVF:JVP:MJV:JMD
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Item No.: 10.1(b)(1)
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industrial buildings on-site, the removal of 29 ordinance-size trees, and the construction of 689 residential units and 4,000 square feet of commercial uses on an approximately

5.4-gross-acre site, located on six parcels along McEvoy Street and Dupont Street in San José, California; 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 Downtown Strategy 2040 FEIR, nor will the Project result in an increase in the severity of significant effects identified in the Downtown Strategy 2040 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 related mitigation measures are described in the Addendum; and

WHEREAS, a related Mitigation Monitoring and Reporting Program (“Mitigation Monitoring and Reporting Program”) was prepared that incorporates certain mitigation measures from the previously certified Downtown Strategy FEIR; 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 Downtown Strategy 2040 FEIR and the Addendum, and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and

WHEREAS, the Downtown Strategy 2040 FEIR and the Addendum thereto for the Project are on file in the Office of the Director of Planning, 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, NVF:JVP:MJV:JMD
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Building and Code Enforcement 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 analyzed the Downtown Strategy 2040 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 Downtown Strategy 2040 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 Downtown Strategy 2040 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 Nos. PDC20-036, PT20-036 and PD20-011). The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit A and is fully incorporated herein by this reference. The Downtown Strategy 2040 FEIR and the Addendum 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’s website, and (2) available for inspection by any interested person.

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Item No.: 10.1(b)(1)
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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

Dupont Residential Project
File Nos. PDC20-020, PT20-036, & PD20-011
March 2022

EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
Page | 2 File Nos.: PDC20-020, PT20-036, & PD20-011

Dupont Residential Project
File Nos. PDC20-020, PT20-036, &
PD20-011

AIR QUALITY
Impact AIR-1: Construction activities associated with the proposed project would result in nearby sensitive receptors being exposed to toxic air contaminant emissions in excess of BAAQMD threshold for cancer risk (1 in 10 per million) and PM2.5 (0.3 µg/m3).

MM AIR-1.1: Prior to the issuance of any demolition,
grading, and/or building permits, whichever occurs
earliest, the project applicant shall submit a
Construction Operations Plan that includes
specifications of the equipment to be used during
construction to the City’s Director of Planning,
Building and Code Enforcement or Director’s designee
for review and approval. The plan shall be
accompanied by a letter signed by a qualified air
quality specialist, verifying that the equipment included in the plan meets the standards set forth below.

 The project applicant shall ensure that all
diesel-powered off-road equipment larger than
25 horsepower, operating on the site for more
than two days continuously shall, at a
minimum, meet EPA particulate matter
emissions standards for Tier 4 engines.
 If Tier 4 equipment is not available, all
construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total shall use
equipment that meets U.S. EPA emission
standards for Tier 3 engines that have CARB
Allow diesel-powered off-road
equipment, as described, having
engines that meet EPA particulate
matter standards for Tier 4.

Submit construction operations
plan to the Director of Planning,
Building, and Code Enforcement
or Director’s designee and, if
applicable, be accompanied by a
letter signed by an air quality
specialist verifying the equipment
included in the plan meets the
standards set forth in this
mitigation measure.

Prior to the
issuance of
any
demolition,
grading, and/or
building
permits
(whichever
occurs
earliest).

Director of Planning,
Building, and Code
Enforcement or
Director’s designee
Receive the
construction
operations plan and
letter.

Prior to the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
Page | 3 File Nos.: PDC20-020, PT20-036, & PD20-011

Dupont Residential Project
File Nos. PDC20-020, PT20-036, &
PD20-011

BIOLOGICAL RESOURCES
Impact BIO-1: Construction activities associated with the proposed project, such as tree removals, could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment.

MM BIO-1.1: Tree removal and construction shall be
scheduled to avoid the nesting season. The nesting
season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through
August 31st, inclusive.

If tree removals and construction cannot be scheduled
outside of nesting season, a qualified ornithologist shall complete pre-construction surveys to identify active
raptor nests that may be disturbed during project
implementation. This survey shall be completed no
more than 14 days prior to the initiation of
Avoidance of construction
activities during the nesting
season or completion of a pre-
construction nesting bird survey
conducted by a qualified
ornithologist and, in consultation
with the California Department of
Fish and Wildlife, a construction-
free buffer zone shall be
designated around any discovered
nest.

Prior to
issuance of
any tree
removal,
grading, and/or
building
permit or
activities.

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

Confirm that
construction
activities are
scheduled outside
of the nesting
season.

-or-

Review report
indicating the
results of the
Prior to issuance
of any tree
removal,
grading, and/or
building permit
or activities.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
Page | 4 File Nos.: PDC20-020, PT20-036, & PD20-011

Dupont Residential Project
File Nos. PDC20-020, PT20-036, &
PD20-011

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
demolition/construction activities during the early part of the breeding season (February 1st through April
30th, inclusive) and no more than 30 days prior to the
initiation of these activities during the late part of the breeding season (May 1st through August 31st,
inclusive), unless a shorter pre-construction survey is determined to be appropriate based on the presence of a species with a shorter nesting period, such as Yellow
Warblers. During this survey, the ornithologist will
inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for
nests. If an active nest is found in an area that will be disturbed by construction, the qualified ornithologist
will designate a construction-free buffer zone (typically 250 feet) to be established around the nest, in
consultation with California Department of Fish and
Wildlife (CDFW). The buffer would ensure that raptor
or migratory bird nests will not be disturbed during
project construction.

The project applicant shall submit a report indicating
the results of the survey and any designated buffer
zones to the satisfaction of the Director of Planning,
Building and Code Enforcement or Director’s designee
prior to the issuance of any tree removal, grading, or
demolition permit.

Submit the ornithologist’s report
indicating the results of the
survey and any designated buffer
zones to the City’s Director of
Planning, Building and Code
Enforcement or the Director’s
designee.
survey (or any
other
environmental
investigation
reports, if
applicable) and any
designated buffer
zones.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
Page | 5 File Nos.: PDC20-020, PT20-036, & PD20-011

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Grading and excavation of the project site could expose construction workers to elevated concentrations of chemicals such as lead, arsenic, nickel and cobalt.

MM HAZ-1.1: Prior to the issuance of any demolition
or grading permits, the project applicant shall enter the Santa Clara County Department of Environmental
Health (SCCDEH) Site Cleanup Program (SCP). The
regulatory agency may require further testing,
remediation, or development of a Site Management
Plan (SMP) or similar document to mitigate the
elevated soil and soil vapor contamination. If an SMP
is required, it shall be prepared prior to the issuance of any grading permit to reduce or eliminate exposure risk to human health and the environment and make the site
suitable for the proposed residential development. Any
further work required by the SCCDEH shall be
performed by a qualified environmental professional.

Evidence of regulatory oversight and copies of any
subsequent documents developed under regulatory
oversight such as testing results, an SMP or similar
document, shall be provided to the Director of
Planning, Building and Code Enforcement or the
Director’s designee and the Environmental Compliance
Officer of the City of San José’s Environmental
Services Department.

Notify and coordinate with
SCCDEH to determine
appropriate next steps for
hazardous materials cleanup.

Provide evidence of coordination
and compliance with SCCDEH to
the Director of Planning, Building
and Code Enforcement or the
Director’s designee, the
Environmental Planner of the
City’s Planning Department, and
the City’s Environmental
Compliance Officer
Prior to the
issuance of
any grading
permits.

Director of Planning,
Building and Code
Enforcement or the
Director’s designee,
the Environmental
Planner of the City’s
Planning Department,
and the City’s
Environmental
Compliance Officer.

Review
coordination and
compliance with
SCCDEH
requirements

Review of project
plans and
construction
documents to
confirm inclusion
of any necessary
permit conditions.

Prior to the
issuance of any
grading permits.

Impact HAZ-2: Construction activities could result in asbestos-containing dust exposure to on-site and off-site receptors (greater than 0.25 percent asbsestos).

MM HAZ-2.1: BAAQMD requires project sites that
contain greater than 0.25 percent asbestos to have an
Asbestos Dust Mitigation Plan (ADPM). Prior to
issuance of any demolition or grading permits, the
applicant shall retain a qualified environmental
professional to prepare the required ADPM. The
ADPM shall identify the measures, procedures and
protocols required to minimize exposure of human
receptors (both on-site and off-site) to naturally-
occurring asbestos (NOA) during site redevelopment
activities and/or minimize by dust generated at the
specific emission sources, such as track-out onto paved public roads, active storage piles, inactive disturbed
surface areas and storage piles, traffic on unpaved on- site roads, earthmoving activities, and off-site transport of materials, Since the site is less than one-acre in size, Submit the Asbestos Dust MI
itigation Plan indicating
measures, procedures and
protocols required to minimize
exposure of human receptors
(both on-site and off-site) to
naturally occurring asbestos to the
City’s Director of Planning,
Building and Code Enforcement
or Director’s designee and the
City’s Environmental Compliance
Officer
Prior to the
issuance of
any grading or
demolition
permits.

Director of Planning,
Building and Code
Enforcement or the
Director’s designee;
the Environmental
Planner of the City’s
Planning Department,
and the City’s
Environmental
Compliance Officer.

Review Asbestos
Dust Mitigation
Plan
Prior to the
issuance of any
grading or
demolition
permits.

EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
Page | 6 File Nos.: PDC20-020, PT20-036, & PD20-011

the ADPM will not require BAAQMD review/approval
or their oversight during construction. The ADPM will
be provided to the Director of Planning, Building and
Code Enforcement Department or the Director’s
designee and the City’s Environmental Compliance
Officer prior to issuance of any demolition or grading
permits.

NOISE
Impact NOI-1: Construction noise would exceed ambient levels by 5 dBA for a period of more than one year in the vicinity of residential and commercial uses.

MM NOI-1.1: Prior to the issuance of any demolition
or grading permits, the project applicant shall submit a construction noise logistics plan that specifies hours of construction, noise and vibration minimization
measures, posting and notification of construction
schedules, equipment to be used, and designation of a
noise disturbance coordinator. The noise disturbance
coordinator shall respond to neighborhood complaints
and shall be in place prior to the start of construction.

The noise logistics plan shall be implemented during
all construction activities including demolition and site preparation, to reduce noise impacts to below the
City’s threshold of 60 dBA to neighboring residents
and other uses. The noise logistic plan shall be
submitted to the Director of Planning, Building and
Code Enforcement or the Director’s designee prior to
the issuance of any demolition or grading permits.

As part of the noise logistic plan, construction activities for the proposed project shall include, but are not
limited to, the following best management practices:

 Pile Driving is prohibited.
 Limit construction to the hours of 7:00 a.m. to
7:00 p.m. Monday through Friday for any on-
site or off-site work within 500 feet of any
residential unit. Construction outside of these
hours may be approved through a
development permit based on a site-specific
“construction noise mitigation plan” and a
finding by the Director of Planning, Building
and Code Enforcement that the construction
Preparation of construction noise
logistics plan by qualified
acoustical consultant.

Submit noise logistics plan to the
Director of Planning, Building
and Code Enforcement, or
Director’s designee
Prior to
issuance of
any demolition
or grading
permits.

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

Review of project
plans and
construction noise
logistics plan.

Prior to issuance
of any
demolition or
grading permits.

EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
Page | 7 File Nos.: PDC20-020, PT20-036, & PD20-011

noise mitigation plan is adequate to prevent
noise disturbance of affected residential use.
 Construct solid plywood fences around
ground level construction sites adjacent to
operational businesses, residences, or other
noise-sensitive land uses.
 Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers
that are in good condition and appropriate for
the equipment.
 Prohibit unnecessary idling of internal
combustion engines.
 Locate stationary noise-generating equipment
such as air compressors or portable power
generators as far as possible from sensitive
receptors. Construct temporary noise barriers
to screen stationary noise-generating
equipment when located near adjoining
sensitive land uses.
 Utilize “quiet” air compressors and other
stationary noise sources where technology
exists.
 Control noise from construction workers’
radios to a point where they are not audible at
existing residences bordering the project site.
 Notify all adjacent business, residences, and
other noise-sensitive land uses of the
construction schedule, in writing, and provide
a written schedule of “noisy” construction
activities to the adjacent land uses and nearby
residences.
 If complaints are received or excessive noise
levels cannot be reduced using the measures
above, erect a temporary noise control blanket
barrier along surrounding building facades
that face the construction sites.
 Designate a “disturbance coordinator” who
shall be responsible for responding to any
complaints about construction noise. The
disturbance coordinator shall determine the
cause of the noise complaint (e.g., bad
EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)
Page | 8 File Nos.: PDC20-020, PT20-036, & PD20-011

muffler, etc.) and shall require that reasonable
measures be implemented to correct the
problem. Conspicuously post a telephone
number for the disturbance coordinator at the
construction site and include it in the notice
sent to neighbors regarding the construction
schedule.

Source: City of San José. Dupont Residential Project Initial Study/Addendum. March 2022.

EXHIBIT "A"
(File Nos. PDC20-020; PT20-036; PD20-011)

San Jose City CouncilMay 10, 2022

San Jose City Council
May 10, 2022