(1) Resolution — San Jose City Council, August 9, 2022

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Council Agenda: 08-09-2022
Item No.: 10.1(b)(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 101 SOUTH JACKSON

AVENUE TOWNHOMES PROJECT 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, 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 Mitigated Negative Declaration and supporting Initial Study for the 101 South Jackson Avenue Townhomes Project (Planning File Nos. C19-027, H19-031, and T19-028), and

WHEREAS, the Initial Study analyzed the environmental impacts of demolishing an existing single-family residence and constructing 14 multi-family residences with State Density Bonus concessions for a reduction in the side setback and setback to the public right-of-way, and a waiver for a reduction in private open space on an approximately

0.86-gross acre site located at 101 South Jackson Avenue (Assessor’s Parcel Number 481-22-067), 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

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 NVF:MJV:JMD
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Council Agenda: 08-09-2022
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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, are available for inspection by any interested person at that location and 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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Council Agenda: 08-09-2022
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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. C19-027, H19-031, and T19-028).

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’s website, and (2) available for inspection by any interested person.
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Council Agenda: 08-09-2022
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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
101 South Jackson Avenue Townhomes Project
File Nos. C19-027, H19-031, AND T19-028
April 2022
EXHIBIT "A" (File Nos. C19-097; T19-028; H19-031)

101 South Jackson Avenue Townhomes Project
File Nos. C19-027 H19-031, AND T19-028

Page | 1 File Nos. C19-027 H19-031, and T19-028

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

P R E F A C E

Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program 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/ Mitigated Negative Declaration prepared for the 101 South Jackson Avenue Townhomes 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 or are required as a condition of project approval. This Mitigation Monitoring and Reporting Program 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/ Mitigated Negative Declaration concluded that the impacts from implementation of the project would be less than significant.

I, _________________________________, the applicant, on the behalf of _________________________________, hereby agree to fully implement the mitigation measures described below which have been developed in conjunction with the preparation of an Initial Study/Mitig ated Negative Declaration for my proposed project. I understand that these mitig ation measures or substantially similar measures will be ado pted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less-than-significant level.

Project Applicant’s Signature _____________________________________________

Date___________________________________________________________

Kristi Bascom
Habitat for Humanity EB/SV
4/11/2022
EXHIBIT "A" (File Nos. C19-097; T19-028; H19-031)

101 South Jackson Avenue Townhomes Project
File Nos. C19-027 H19-031, AND T19-028

Page | 2 File Nos. C19-027 H19-031, and T19-028

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

MITIGATIONS

MM AQ-1: The project applicant shall select equipment
during construction to minimize emissions. The project
applicant shall submit a Construction Management Plan
to the Director of Planning, Building and Code
Enforcement or the Director’s designee for review and
approval, prior to issuance of any grading and building permits. The Construction Management Plan shall
demonstrate that the off-road equipment used onsite to
construct the project would achieve a fleet-wide average 85-percent reduction in PM2.5 exhaust emissions or
more than the unmitigated cumulative total of 2.36
µg/m

3. Options to achieve this reduction could include,
but are not limited to, the following:
 All mobile diesel-powered off-road equipment
larger than 25 horsepower and operating on the site
for more than two days shall meet U.S. EPA
particulate matter emissions standards for Tier 4
engines or equivalent.
 All equipment shall include California Air
Resources Board (CARB)-certified Level 3 diesel
particulate filters or alternatively fueled equipment
(i.e., non-diesel).
 All equipment shall use added exhaust muffling and
filtering devices as needed to meet the exhaust
emissions reduction.

Prepare the Construction
Management Plan.

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

Prior to issuance of
any grading or
building permits or
other ground
disturbance permit.

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

Receive a copy of
the Construction
Management Plan
Verify that the off-
road equipment
used onsite to
construct the
project would
achieve a fleet-
wide average 85-
percent reduction
in PM2.5 exhaust
emissions or more.

Prior to issuance
of any grading
or building
permits.

EXHIBIT "A" (File Nos. C19-097; T19-028; H19-031)

101 South Jackson Avenue Townhomes Project
File Nos. C19-027 H19-031, AND T19-028

Page | 3 File Nos. C19-027 H19-031, and T19-028

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

MITIGATIONS

MM AQ-2: Prior to the issuance of any grading or
building permits, the project applicant shall prepare and implement a Construction Fugitive Dust Mitigation Plan
to the Director of Planning, Building and Code
Enforcement or the Director’s designee for review and
approval, which shall demonstrate at a minimum a 61
percent reduction in fugitive PM

2.5 emissions relative to
unmitigated conditions. Measures to reduce fugitive
PM2.5 emissions during construction that may be
incorporated into the Construction Fugitive Dust
Mitigation Plan include but are not limited to, the
following:
 Water active construction areas at least twice daily
or as often as needed to control dust emissions.
 Apply non-toxic soil stabilizers consistent with
manufacturer’s recommendations to further reduce
fugitive PM

2.5 emissions beyond reductions achieved
by site watering.
 Ground cover on disturbed areas shall be replaced as
quickly as possible.
 Vehicle speeds on unpaved roads or disturbed areas
of the project site shall be limited to 10 miles per
hour or less.
 Streets shall be swept once a day and immediately
after the period of heaviest vehicular trackout
activity if visible soil materials are carried to
adjacent roadways.
 Install wheel washers where vehicles enter and exit
unpaved roads/disturbed areas onto paved roads or
Prepare and implement the
Construction Fugitive Dust
Mitigation Plan.

Submit the plan to the
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Prior to issuance of
any grading or
building permits or
other ground
disturbance permit.

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

Receive a copy of
the Construction
Fugitive Dust
Mitigation Plan.

Verify the project
meets a minimum
61 percent
reduction in
fugitive PM

2.5 emissions relative
to unmitigated
conditions.

Prior to issuance
of any grading
or building
permits.

EXHIBIT "A" (File Nos. C19-097; T19-028; H19-031)

101 South Jackson Avenue Townhomes Project
File Nos. C19-027 H19-031, AND T19-028

Page | 4 File Nos. C19-027 H19-031, and T19-028

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

MITIGATIONS

The Construction Fugitive Dust Management Plan shall
include measures beyond those identified by
BAAQMD’s Standard Permit Conditions, if needed, in
order to demonstrate that the necessary reduction in
fugitive PM

2.5 described in this mitigation measure is
achieved. Alternate measures that meet the standards
may be substituted for those measures described above.

BIOLOGICAL RESOURCES
The project could have a potential impact on migratory birds during construction activities.

MM BIO-1.1: Avoidance. The project applicant shall
schedule demolition and construction activities 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 15th
(inclusive), as amended.

Submit a statement to the
Director of Planning,
Building and Code
Enforcement that
construction activities will
avoid the nesting season.

If the nesting season
cannot be avoided,
compliance with MM BIO-

1.2 will be required.

Prior to the issuance
of any demolition,
grading, and/or
building permits
(whichever occurs
earliest)
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
If demolition and
construction
activities would
occur during the
nesting season,
ensure project
compliance with
MM BIO-1.2, MM
BIO-1.3, and MM
BIO-1.4.

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

EXHIBIT "A" (File Nos. C19-097; T19-028; H19-031)

101 South Jackson Avenue Townhomes Project
File Nos. C19-027 H19-031, AND T19-028

Page | 5 File Nos. C19-027 H19-031, and T19-028

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

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
MM BIO-1.2: Nesting Bird Surveys. If it is not
possible to schedule demolition and construction
between August 16th and January 31st (inclusive), pre-
construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This 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 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 15th
inclusive). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats
immediately adjacent to the construction areas for nests Contract with a qualified
ornithologist to complete
pre-construction surveys. If
active nests are discovered
close to work areas, MM
BIO-1.3 shall be initiated.

The results of the pre-
construction surveys shall
be described in the report
required by MM BIO-1.4.

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

MM BIO-1.3: Buffer Zones. If an active nest is found
sufficiently close to work areas to be disturbed by
construction, the ornithologist, in consultation with the California Department of Fish and Wildlife, 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 shall not be disturbed during project construction. The 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.

The ornithologist, in
consultation with the
California Department of
Fish and Wildlife, to
determine the extent of a
construction free buffer
zone to be established
around the nest to ensure
that bird nests are not
disturbed during project
construction. The
construction free buffer
zones shall be described in
the report required by MM
BIO-1.4.

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

Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review the
ornithologist
report.

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

EXHIBIT "A" (File Nos. C19-097; T19-028; H19-031)

101 South Jackson Avenue Townhomes Project
File Nos. C19-027 H19-031, AND T19-028

Page | 6 File Nos. C19-027 H19-031, and T19-028

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

MITIGATIONS

MM BIO-1.4: Reporting. Prior to any tree removal, or
approval of any grading permits (whichever occurs first), the project applicant shall submit the ornithologist’s
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
the Director’s designee, prior to issuance of any grading or building permits.

The ornithologist submits a
report indicating the results
of the survey and any
designated buffer zones to
the City’s Director of
Planning, Building and
Code Enforcement or
Director’s designee. Print
all measures on all
construction documents,
contracts, and project
plans.

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

Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review the
ornithologist report
for consistency
with MM BIO-1.2
through MM BIO-

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

Source: City of San José. 2022. 101 South Jackson Avenue Townhomes Project Initial Study.

EXHIBIT "A" (File Nos. C19-097; T19-028; H19-031)

San Jose City CouncilAugust 9, 2022

San Jose City Council
August 9, 2022