San Jose City Council
August 9, 2022

Exhibit C – Approved hearing documents from April 20, 2022 200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

PLANNED DEVELOPMENT PERMIT
FILE NO. PD19-031
LOCATION OF PROPERTY Southside of North 1st Street approximately 410 feet west of Nortech Court (APN 015-39-
020)
ZONING DISTRICT CIC(PD) Planned Development Zoning
District (File No. PDC16-013)
GENERAL PLAN DESIGNATION Combined Industrial Commercial PROPOSED USE Planned Development Permit to allow the
construction of an approximately 112,463-
square foot, five-story, 214-room hotel with
an approximately 74,836-squre foot, fourstory parking garage on an approximately

6.20-gross acre site.

ENVIRONMENTAL STATUS Alviso Hotel Project Initial Study/Mitigated Negative Declaration (SCH#2021100134).

APPLICANT ADDRESS Trang TuNguyen
TNT Dev Services, Inc.
1566 Davis Street
San Jose, CA 95126
OWNER ADDRESS Jag Kapoor
Terra Development Partners, LLC
461 South Milpitas Boulevard, Suite 1
Milpitas, CA 95035

FACTS AND FINDINGS
The Director of Planning, Building, and Code Enforcement finds that the following are the relevant facts and findings regarding this proposed project:

1. Project Description. The project consists of a Planned Development Permit to allow the construction of an approximately 112,463-square foot, five-story, 214-room hotel with an approximately 74,836-squre foot, four-story parking garage on an approximately 6.20-gross acre site. The project includes the removal of one ordinance-size palm tree.

2. Site Description and Surrounding Uses. The subject 6.20-gross acre site is a vacant lot located on the southside of North 1st Street, approximately 410 feet west of Nortech Court.

The site is bounded by the Guadalupe River Trail and Guadalupe River to the west, a File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov recreational facility (Top Golf) to the north, office buildings and associated surface parking to the east, and California State Route 237 to the south. The site is accessible from Bay Vista Drive, a 26-foot-wide private street that was recently constructed to support the newly opened recreational facility (Top Golf) adjacent to the subject site.

3. General Plan Conformance. The subject site has a Combined Industrial/Commercial land use designation on the Envision San José 2040 General Plan Land Use/Transportation Diagram. This category allows a significant amount of flexibility for the development of a varied mixture of compatible commercial and industrial uses, including hospitals and private community gathering facilities. Properties with this designation are intended for commercial, office, or industrial developments or a compatible mix of these uses. This designation occurs in areas where the existing development pattern exhibits a mix of commercial and industrial land uses or in areas on the boundary between commercial and industrial uses. Development intensity can vary significantly in this designation based on the nature of specific uses likely to occur in a particular area. In order to maintain an industrial character, small, suburban strip centers are discouraged in this designation, although larger big-box type developments may be allowed because they mix elements of retail commercial and warehouse forms and uses.

The project would allow the construction of a hotel which would serve the nearby offices, industrial parks, and entertainment venues.

The project is consistent with the following General Plan policies:

Business Growth and Retention Policy – IE-2.7: Encourage business and property development that will provide jobs and generate revenue to support city services and infrastructure.

Environmental Resources Policy – ER-2.2: Ensure that a 100-foot setback from riparian habitat is the standard to be achieved in all but a limited number of instances, only where no significant environmental impacts would occur.

Goal LU-4 – Commercial: Establish commercial uses that maximize revenue to the City and provide employment for its residents in order to achieve fiscal sustainability and our desired jobs per employed resident ratio.

Land Use Policy - LU-4.3: Concentrate new commercial development in identified growth areas and other sites designated for commercial uses on the Land Use/Transportation Diagram. Allow new and expansion of existing commercial development within established neighborhoods when such development is appropriately located and designed, and is primarily neighborhood serving.

Analysis: The project would allow the construction of an approximately 112,463-square foot, five-story, 214-room hotel. The hotel would enable the development of a job and revenue generating use that would support existing businesses and entertainment venues within a growth area (Alviso) and consistent with our general plan policies for employment and commercial land uses. The project would be located adjacent to the Guadalupe River and would incorporate a minimum 100-foot setback from the riparian edge.

4. Alviso Master Plan Conformance
The Alviso Master Plan was adopted in December of 1998 as a Specific Plan for development in the Alviso planning area. The Master Plan includes design guidelines to promote the preservation and enhancement of the existing small-town quality of Alviso, while providing guidance for new commercial and industrial development along North First File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov Street near Highway 237. These design guidelines allow for flexibility for larger-scale development provided that new development contributes to the unique design and architecture of Alviso
Analysis: The Alviso Master Plan encourages the development of neighborhood-serving commercial and retail uses, and the proposed development would support the establishment of neighborhood- and regional- serving commercial services as well as gathering spaces for community and commercial events. The Alviso Master Plan identifies a number of infrastructure improvements for the area and development of the site would provide significant improvements to the site itself as well as the adjacent public right-of-way such as the addition of sidewalks, street improvements, and landscaping. Additionally, the conceptual architectural meets the design guidelines of the Alviso Master Plan in that the Plan calls for architecture that incorporates well with existing development within the community. The conceptual architecture depicts development with varying materials and features that are similar to other waterfront/beach communities and reflects the mix of development found throughout Alviso. The hotel and associated parking garage are similar in style, massing, and materials. The hotel incorporates a vertical board and batten design derived at the ground floor and central portion of the hotel façade and is inspired by the gate at the Alviso Marina County Park. The exterior of the garage would be constructed of similar materials and colors as the primary hotel building. The narrow metal strips incorporated into the screening of the garage façade are reminiscent of the Bayside Canning Company, also located in Alviso.

5. Zoning Conformance. The subject site is located in a CIC(PD) Planned Development Zoning District (File No. PDC16-013). Pursuant to the General Development Plan of the Planned Development Zoning District, the construction of a hotel requires the issuance of a Planned Development Permit.

Setbacks and Height
Based on the General Development Plan of the Planned Development Zoning District (File No. PDC16-013), the project is subject to the following development standards.

Development Standard Required Provided
North First Street Setback 25 feet maximum setback N/A no frontage on North First Street
Liberty Street 15 feet minimum setback N/A no frontage on Liberty Street
Moffat Street and all other
property lines
Zero setback 127 feet (south), 31 feet
(north)
Riparian 100 feet setback from the
top of bank
100 feet to property line
Maximum Height 65 feet 65 feet

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov Parking
Based on the General Development Plan of the Planned Development Zoning District (File No. PDC16-013), the project is subject to the following development standards.

Use: Hotel Required Provided
Vehicle Parking 1 parking space per guest
room or suite, plus 1 parking
space per employee
234 spaces
Bicycle Parking 1 bicycle space per 10 guest
rooms
23 spaces
Motorcycle Parking 1 motorcycle space per 20
auto parking spaces
12 spaces
Tree Removal
The project includes the removal of one ordinance-size palm tree pursuant to Section

13.32.100 of the San Jose Municipal Code as the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question. The removal of the palm tree requires a mitigation of 4 (15-gallon or 2 (24-inch box) trees to be planted on-site. The project includes the planting of a mix of Vine Maple, Sensation Box Elder, California Buckeye, Toyon, California Sycamore, California Scrub Oak, California Black Oak, and Arroyo Willow trees on-site. Therefore, the project complies with the City’s tree mitigation requirements.

6. Riparian Corridor Policies
The project site is adjacent to Guadalupe River to the west. Therefore, the project is subject to the Riparian Corridor Policy Study and City Council Policy 6-34: Riparian Corridor Protection and Bird Safe-Design. On December 17, 2019, WRA, Inc. performed a Biological Resources Assessment of the site and surrounding area.

Riparian Setback
A minimum 100-foot setback from the riparian edge is required for all new infill development. The project would maintain a minimum 100-foot setback from the riparian edge throughout the entire frontage with Guadalupe River. The proposed structures on the site would be set back at least 60 feet from the northern property line, 126 feet from the southern property line, 36 feet from the eastern property line, and 150 feet from the western property line. The development footprint would be set back at least 50 feet from the seasonal wetland areas and non-wetland waters present in the southern portion of the site, and 100 feet from the Guadalupe River to the southwest, conforming with the required minimum setback pursuant to the Riparian Corridor and Bird Safe-Design Policy. Wetland and riparian avoidance buffers would be established to enforce these setbacks and ensure that no grading or construction activities would occur in biologically sensitive areas. The site would be graded to drain in a northwest direction, away from the sensitive biological habitat.

Bioretention swales with catch basins would be installed in the northwest and south corners of the project site. The Project would install new storm drains, which would connect with planned storm drain lines from an adjacent project.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov Site Lighting and Bird Safe Design
The project would install security lighting throughout the site in parking areas, along pathways, and adjacent to buildings. The outdoor lighting would be comparable in brightness to the ambient lighting in the surrounding developments. All lighting would conform to the City’s Outdoor Lighting Policy (4-3) as applicable and be shielded to direct light downwards to ensure that lighting does not spill over onto adjacent residential properties or riparian habitat.

The amount of glazing proposed is relatively low overall in comparison to some similarly scaled developments in the region. The percent of glazing on the exterior elevations is less than 50 percent overall and approximately the same on all faces. The remainder of the buildings’ exteriors consist of opaque materials (e.g. cement and metal siding). Additionally, in almost all cases windows are isolated from each other at regular intervals, versus being grouped/conjoined to form larger contiguous window panels (see exceptions below). The only semi-contiguous glazing occurs at ground level, where there is a relatively low risk of bird collision; additionally, this panel is broken up at regular intervals by fenestration and pillars. Similar to the architectural relief elements described above, the buildings will feature different colors and textures across adjacent faces and sections, creating additional “visual noise”. The siding patterns are additionally varied between having vertical and horizontal lines, which will create further “visual noise” on larger contiguous areas.

The parking garage designs suggest that no glazing will be used in the construction of this structure, greatly reducing collision risk. Green walls installed along the ground level of the parking structure may attract some birds (e.g., for foraging opportunities), but do not constitute any notable collision risk given that surrounding surfaces contain minimal glazing and are opaque (i.e. concrete or metal). The remainder of the parking garage is planned to be constructed of opaque materials.

7. Commercial Design Guidelines
The Planned Development Permit was submitted on October 30, 2019, prior to the adoption of the Citywide Design Standards and Guidelines in March 2021. Therefore, the project is subject to the City’s Commercial Design Guidelines, Adopted in May 1988. The project conforms with the following provisions of the Commercial Design Guidelines.

Site Character
• Natural amenities such as views, mature trees, creeks, riparian corridors, and similar features unique to the site should be preserved and incorporated into development proposals
Analysis: The project includes a seating area in the rear which allows for views of the marshland and adjacent riparian corridor. The project also includes a trail connection for pedestrians and bicyclists to access the Guadalupe River Trail.

Structures
• Monotony of building design should be avoided; on the other hand. busyness also should be avoided. Variation in wall plane. roof line. detailing. materials. and siting may be used to prevent a monotonous appearance in buildings. Roof and wall plane variations. including building projections. bay windows. and balconies. are recommended to reduce scale and bulk.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov • Auxiliary structures should be architecturally consistent with the primary structures of the site.

Analysis: As discussed above the project is also consistent with the design guidelines of the Alviso Master Plan. All facades of both the building and associated parking garage are articulated and include variations in wall plan, detailing, and materials. The conceptual architecture depicts development with varying materials and features that are similar to other waterfront/beach communities and reflects the mix of development found throughout Alviso. The hotel and associated parking garage are similar in style, massing, and materials. The hotel incorporates a vertical board and batten design derived at the ground floor and central portion of the hotel façade and is inspired by the gate at the Alviso Marina County Park. The exterior of the garage would be constructed of similar materials and colors as the primary hotel building. The narrow metal strips incorporated into the screening of the garage façade are reminiscent of the Bayside Canning Company, also located in Alviso.

Landscaping
• All areas not covered by structures. service yards. walkways. driveways. and parking spaces should be landscaped.
• Landscaping incorporated into building design is encouraged. Trellises. arbors. and cascading terrace landscaping should be considered.

Analysis: The project includes a detailed landscaping plan and includes a wide range of trees, shrubs, grasses and ground cover. The project incorporates native species as well as appropriate seaside species of plants in conformance with the Alviso Master Plan. The project includes the planting of a mix of Vine Maple, Sensation Box Elder, California Buckeye, Toyon, California Sycamore, California Scrub Oak, California Black Oak, and Arroyo Willow trees on-site. Additionally, the garage screening includes portions with a living wall to further screen vehicles from view.

Service and Utilities
• Service yards, storage areas, and all areas for storage of maintenance equipment or vehicles, should be enclosed or completely screened from view from outside the service yard or area. Screening should include walls, buildings, gates, landscaping, berming, or combinations thereof.

Analysis: The trash enclosure is fully enclosed and full screened from view of the public space. It is located in the rear of the site at the northern end of the garage. The project includes adequate turn around space for trucks to load trash and recycle without conflicting with vehicular circulation.

8. Planned Development Permit Findings. Section 20.100.940 of the San José Municipal Code establishes the required findings for issuance of a Planned Development Permit. a. The Planned Development Permit, as approved, furthers the policies of the General Plan land use designation of Rural Residential. The proposed project is consistent with and will further these policies of the General Plan.

Analysis: The subject site is located in the General Plan land use designation of Combined Industrial/Commercial. The project is consistent with General Plan policies regarding Business Growth and Retention, Environmental Resources, and Land Use and File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov Employment. The project would allow the construction of an approximately 112,463- square foot, five-story, 214-room hotel. The hotel would allow the operation of a job and revenue generating use that would support existing businesses and entertainment venues within a growth area (Alviso). The project would be located adjacent to the Guadalupe River, and would therefore incorporate a minimum 100-foot setback from the riparian edge.
b. The Planned Development Permit conforms to the planned development zoning of the property. As described above, the proposed project is consistent with the development standards of the Planned Development Zoning District File Number PDC16-013.

Analysis: As discussed in the General Development Plan Conformance section above, the project meets all height and setback requirements of the Planned Development Zoning District (File No. PDC16-013). The project also provides the required vehicle, bicycle, and motorcycle parking in conformance with the Planned Development Zoning District. c. The Planned Development Permit, as approved, is consistent with applicable city council policies, or counterbalancing considerations justify the inconsistency.

Analysis: As discussed above, the project is consistent with the Riparian Corridor Policy Study and City Council Policy 6-34: Riparian Corridor Protection and Bird Safe-Design The project was noticed for a 1,000-foot radius per the City Council Policy 6-30: Public Outreach Policy. An on-site sign has been installed on the project frontage since January 15, 2021. A Community Meeting was held on Monday, July 26 via Zoom. d. The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious.

Analysis: The five-story hotel and associated four-story parking garage would be consistent with the height, scale, massing, and overall architectural style of the surrounding development. The project is adjacent to a recreational facility (Top Golf) to the north, which includes a three-story building and 170-foot-high netting for the associated driving range. Additionally, the project is adjacent to two six-story office buildings to the east. The hotel and associated parking garage are similar in style, massing, and materials. The hotel incorporates a vertical board and batten design derived at the ground floor and central portion of the hotel façade and is inspired by the gate at the Alviso Marina County Park. The exterior of the garage would be constructed of similar materials and colors as the primary hotel building. The narrow metal strips incorporated into the screening of the garage façade are reminiscent of the Bayside Canning Company, also located in Alviso.
e. The environmental impacts of the project, including but not limited to noise, vibration, dust, drainage, erosion, stormwater runoff, and odor which, even if insignificant for purposes of the California Environmental Quality Act (CEQA), will not have an unacceptable negative effect on adjacent property or properties.

Analysis: In accordance with the CEQA, an Initial Study/Mitigated Negative Declaration was prepared for the project to analyze the potential environmental impacts. The project would mitigate any temporary impacts related to noise, vibration, dust, and odor during construction. This permit includes standard permit conditions for the control of dust and File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov exhaust, minimization of noise, and control of water quality during construction. Hours of construction would be limited to between 7:00 am to 7:00 pm Monday through Friday.

9. Environmental Review. The environmental impacts of the project were analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND) in compliance with the California Environmental Quality Act (CEQA). The Alviso Hotel Project IS/MND (SCH#2021100134) was circulated for public review and comment for 30 days, from October 12, 2021 to November 10, 2021.

Comments were received from public agencies and private parties, including neighbors.

Comments received concerned the following: Landscaping and on-site wells, fair argument standard for an EIR regarding significant and unavoidable impacts to wildlife, indoor and outdoor air quality impacts, evaluation of greenhouse gas impacts, piecemealing under CEQA, transportation impacts, and previous environmental review and analyses for the adjacent TopGolf project regarding sensitive habitat and species of special concern.

Staff responded to all concerns raised during the circulation period in the Response to Comments Document posted on the City's environmental website and notified commenters of the document via email. In summary, the comments received on the IS/MND did not raise any new issues about the project’s environmental impacts, or provide information indicating the project would result in new environmental impacts or impacts substantially greater in severity than disclosed in the IS/MND. The entire IS/MND, Reponses to Comments, and other related environmental documents are available on the environmental review webpage:
https://www.sanjoseca.gov/your-government/departments-offices/planning-building-codeenforcement/planning-division/environmental-planning/environmental-review/negativedeclaration-initial-studies/alviso-hotel-project.

In accordance with the findings set forth above, a Planned Development Permit for said purpose specified above and subject to each and all of the conditions hereinafter set forth is hereby approved. The Director of Planning, Building, and Code Enforcement expressly declares that it would not have granted this Permit except upon and subject to each and all of said conditions, each and all of which conditions shall run with the land and be binding upon the owner and all subsequent owners of the subject property, and all persons who use the subject property for the use conditionally permitted hereby.

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:

1. Acceptance of Permit. Per Section 20.100.290(B), should the applicant fail to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the applicant shall be deemed to constitute all of the following on behalf of the applicant:
a. Acceptance of the Permit by the applicant; and
b. Agreement by the applicant to be bound by, to comply with, and to do all things required of or by the applicant pursuant to all of the terms, provisions, and conditions of this permit or other approval and the provisions of Title 20 applicable to such Permit.

2. Permit Expiration. This Permit shall automatically expire four (4) years from and after the date of issuance hereof by the Director, if within such time period, the proposed use of the site or the construction of buildings (if a Building Permit is required) has not commenced, pursuant to and in accordance with the provision of this Permit. The date of issuance is the File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov date this Permit is approved by the Director of Planning. However, the Director of Planning may approve a Permit Adjustment/Amendment to extend the validity of this Permit in accordance with Title 20. The Permit Adjustment/Amendment must be approved prior to the expiration of this Permit.

3. Use Authorization. This Permit allows the construction of an approximately 112,463-square foot, five-story, 214-room hotel with an approximately 74,836-squre foot, four-story parking garage on an approximately 6.20-gross acre site.

4. Building Permit/Certificate of Occupancy. Procurement of a Building Permit and/or Certificate of Occupancy from the Building Official for the structures described or contemplated under this permit shall be deemed acceptance of all conditions specified in this permit and the applicant's agreement to fully comply with all of said conditions. No change in the character of occupancy or change to a different group of occupancies as described by the “Building Code” shall be made without first obtaining a Certificate of Occupancy from the Building Official, as required under San Jose Municipal Code Section 24.02.610, and any such change in occupancy must comply with all other applicable local and state laws.

5. Sewage Treatment Demand. Chapter 15.12 of Title 15 of the San José Municipal Code requires that all land development approvals and applications for such approvals in the City of San José shall provide notice to the applicant for, or recipient of, such approval that no vested right to a Building Permit shall accrue as the result of the granting of such approval when and if the City Manager makes a determination that the cumulative sewage treatment demand of the San José-Santa Clara Water Pollution Control Plant represented by approved land uses in the area served by said Plant will cause the total sewage treatment demand to meet or exceed the capacity of San José-Santa Clara Water Pollution Control Plant to treat such sewage adequately and within the discharge standards imposed on the City by the State of California Regional Water Quality Control Board for the San Francisco Bay Region. Substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approval authority.

6. Conformance to Plans. The development of the site shall conform to the approved Planned Development Permit File No. PD19-031 plans entitled, “Hotel Alviso @ Terra” dated received February 21, 2021, on file with the Department of Planning, Building and Code Enforcement, and to the San José Building Code (San José Municipal Code, Title 24), with the exception of any subsequently approved changes.

7. Conformance with Previously Approved Zoning. All applicable conditions of approval and required environmental mitigation measures from the previously approved Planned Development Zoning, File No. PDC16-013, remain in effect.

8. Conformance with Municipal Code. No part of this approval shall be construed to permit a violation of any part of the San José Municipal Code.

9. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. No part of this approval shall be construed to permit a violation of any part of the San José Municipal Code. The Permit shall be subject to revocation if the subject use is conducted in such a manner as to cause a nuisance, as defined above.

10. Required Vehicular, Motorcycle, and Bicycle Parking. This project shall conform to the vehicular, motorcycle, and bicycle parking requirements of the approved Planned File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov Development Zoning (File No. PDC16-013, as amended. Any changes to the required vehicular, motorcycle, or bicycle parking requires the issuance of a Permit Adjustment or Amendment to the satisfaction of the Director of Planning.

11. Green Building Requirements. This development is subject to the City’s Green Building Ordinance for Private Sector New Construction as set for in Municipal Code Section

17.84. Prior to the issuance of any shell permits, or complete building permits, for the construction of buildings approved through the scope of this Permit, the Permittee shall pay a Green Building Refundable Deposit. In order to receive a refund of the deposit, the project must achieve the minimum requirements as set forth in Municipal Code Section 17.84. The request for the refund of the Green Building Deposit together with evidence demonstrating the achievement of the green building standards indicated in Municipal Code Section 17.84 shall be submitted within a year after the building permit expires or becomes final, unless a request for an extension is submitted to the Director of Planning, Building, and Code Enforcement in accordance with Section 17.84.305D of the Municipal Code.

12. Nuisance. This use shall be operated in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City.

13. Street Number Visibility. Street numbers of the buildings shall be easily visible from the street at all times, day and night.

14. Revocation. This Permit is subject to revocation for violation of any of its provisions or conditions.

15. Discretionary Review. The Director of Planning, Building and Code Enforcement maintains the right of discretionary review of requests to alter or amend structures, conditions, or restrictions of this Permit incorporated by reference in accordance with

16. Building and Property Maintenance. The property owner or management company shall maintain the property in good visual and functional condition. This shall include, but not be limited to all exterior elements of the buildings such as paint, roof, paving, signs, lighting and landscaping.

17. Tree Protection Standards. The applicant shall maintain the trees and other vegetation shown to be retained in this project and as noted on the Approved Plan Set. Maintenance shall include pruning and watering as necessary and protection from construction damage. Prior to the removal of any tree on the site, all trees to be preserved shall be permanently identified by metal numbered tags. Prior to issuance of the Grading Permit or removal of any tree, all trees to be saved shall be protected by chain link fencing, or other fencing type approved by the Director of Planning. Said fencing shall be installed at the dripline of the tree in all cases and shall remain during construction. No storage of construction materials, landscape materials, vehicles or construction activities shall occur within the fenced tree protection area. Any root pruning required for construction purposes shall receive prior review and approval, and shall be supervised by the consulting licensed arborist. Fencing and signage shall be maintained by the applicant to prevent disturbances during the full length of the construction period that could potentially disrupt the habitat or trees.

18. No Extended Construction Hours. This permit does not allow any construction activity on a site located within 500 feet of a residential unit before 7:00 a.m. or after 7:00 p.m., Monday through Friday, or at any time on weekends.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov

19. No Generators Approved. This Permit does not include the approval of any standby/backup electrical power generation facility. Any future stand-by/backup generators shall secure appropriate permits and shall conform to the regulations of Title 20 of the Municipal Code.

20. Colors and Materials. All building colors and materials are to be those specified on the Approved Plan Set.

21. Storm Drain Protection. No hazardous materials, paint, rinse water, or construction sediments or debris shall be allowed to enter the public right-of-way or any storm drain inlet.

The storm drain system flows to the Bay.

22. Reclaimed Water. The project shall conform to Chapter 15.10 and 15.11 of the San José Municipal Code for use of reclaimed water and shall include an irrigation system designed to allow for the current and future use of reclaimed water for all landscaping.

23. Irrigation Standards. Irrigation shall be installed in accordance with Part 3 of Chapter 15.11 of Title 15 of the San José Municipal Code, Water Efficient Landscape Standards for New and Rehabilitated Landscaping, the City of San José Landscape and Irrigation Guidelines and the Zonal Irrigation Plan in the Approved Plans. The design of the system shall be approved and stamped by a California Registered Landscape Architect.

24. Construction Disturbance Coordinator. Rules and regulation pertaining to all construction activities and limitations identified in this Permit, along with the name and telephone number of a Permittee-appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.

25. Conformance to Mitigation Monitoring and Reporting Program. This project shall conform to all applicable requirements of the Alviso Hotel Initial Study/Mitigated Negative Declaration (IS/MND) Mitigation Monitoring and Reporting Program (MMRP) approved for this development.

26. Standard Environmental Conditions. This project shall conform to all applicable requirements of the Mitigation Monitoring and Reporting Program approved for this development.
a. Air Quality. The following measures shall be implemented during all phases of construction to control dust and exhaust at the project site:
i. Water active construction areas at least twice daily or as often as needed to control dust emissions.
ii. Cover trucks hauling soil, sand, and other loose materials and/or ensure that all trucks hauling such materials maintain at least two feet of freeboard. iii. Remove visible mud or dirt track-out onto adjacent public roads using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
iv. Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.).
v. Pave new or improved roadways, driveways, and sidewalks as soon as possible. vi. Lay building pads as soon as possible after grading unless seeding or soil binders are used.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov vii. Replant vegetation in disturbed areas as quickly as possible. viii. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
ix. Minimize idling times either by shutting off equipment when not in use, or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Provide clear signage for construction workers at all access points. x. Maintain and property tune construction equipment in accordance with manufacturer’s specifications. Check all equipment by a certified mechanic and record a determination of running in proper condition prior to operation.
xi. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints.
b. Biological Resources
i. Santa Clara Valley Habitat Plan. The project is subject to applicable SCVHP conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The project applicant would be required to submit the Santa Clara Valley Habitat Plan Coverage Screening Form to the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee for approval and payment of the nitrogen deposition fee prior to the issuance of a grading permit. The Habitat Plan and supporting materials can be viewed at www.scv-habitatagency.org. ii. Santa Clara Valley Habitat Plan Standard Permit Condition. 1) Condition Number 17 (Tricolored Blackbird). To avoid direct impacts of covered activities on nesting tricolored blackbird colonies, the project shall implement and demonstrate compliance with Condition Number 17 of the Habitat Plan.
iii. Tree Replacement. The removed trees would be replaced according to tree replacement ratios required by the City, as shown below.

Table 4.4-2: Tree Replacement Ratios
Circumference of
Tree to be Removed
Type of Tree to be Removed Minimum Size of
Each
Native Non-Native Orchard Replacement Tree
38 inches or more 5:1 4:1 3:1 15-gallon
19 up to 38 inches 3:1 2:1 none 15-gallon
Less than 19 inches 1:1 1:1 none 15-gallon
x:x = tree replacement to tree loss ratio
Note: Trees greater than or equal to 38-inch circumference shall not be removed unless a Tree Removal Permit, or equivalent, has been approved for the removal of such trees. For Multi-Family residential, Commercial and Industrial properties, a permit is required for removal of trees of any size.

A 38-inch tree equals 12.1 inches in diameter.

A 24-inch box tree = two 15-gallon trees
Single Family and Two-dwelling properties may be mitigated at a 1:1 ratio.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov iv.
1) In the event the project site does not have sufficient area to accommodate the required tree mitigation, one or more of the following measures will be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement, at the development permit stage:
2) The size of a 15-gallon replacement tree may be increased to 24-inch box and count as two replacement trees to be planted on the project site, at the development permit stage.
3) Pay Off-Site Tree Replacement Fee(s) to the City, prior to the issuance of Public Works grading permit(s), in accordance with the City Council approved Fee Resolution. The City will use the off-site tree replacement fee(s) to plant trees at alternative sites.
c. Cultural Resources
i. Human Remains. If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. If human remains are discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The project applicant shall immediately notify the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee and the qualified archaeologist, who shall then notify the Santa Clara County Coroner. The Coroner will make a determination as to whether the remains are Native American. If the remains are believed to be Native American, the Coroner will contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will then designate a Most Likely Descendant (MLD). The MLD will inspect the remains and make a recommendation on the treatment of the remains and associated artifacts. If one of the following conditions occurs, the landowner or his authorized representative shall work with the Coroner to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance:
1) The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being given access to the site. 2) The MLD identified fails to make a recommendation; or 3) The landowner or his authorized representative rejects the recommendation of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner.
d. Geology and Soils
i. To avoid or minimize potential damage from seismic shaking, the project shall be constructed using standard engineering and seismic safety design techniques. Building design and construction at the site shall be completed in conformance with the recommendations of an approved geotechnical investigation.

The report shall be reviewed and approved by the City of San José Department of Public Works as part of the building permit review and issuance process. The buildings shall meet the requirements of applicable Building and Fire Codes as adopted File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov or updated by the City. The project shall be designed to withstand soil hazards identified on the site and the project shall be designed to reduce the risk to life or property on site and off site to the extent feasible and in compliance with the Building Code.
ii. All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
iii. Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting. iv. Ditches shall be installed to divert runoff around excavations and graded areas if necessary.
v. The project shall be constructed in accordance with the standard engineering practices in the California Building Code, as adopted by the City of San José. A grading permit from the San José Department of Public Works shall be obtained prior to the issuance of a Public Works clearance. These standard practices would ensure that the future building on the site is designed to properly account for soils-related hazards on the site. vi. Paleontological Resources. The City shall ensure all construction personnel receive paleontological awareness training that includes information on the possibility of encountering fossils during construction and the types of fossils likely to be seen, based on past finds in the project area and proper procedures in the event fossils are encountered. Worker trainings shall be prepared and presented by a qualified paleontologist. If vertebrate fossils are discovered during construction, all work on the site shall stop immediately, Director of Planning or Director’s designee of the Department of Planning, Building and Code Enforcement (PBCE) shall be notified, and a qualified professional paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The project applicant shall be responsible for implementing the recommendations of the qualified paleontologist. A report of all findings shall be submitted to the Director of Planning or Director’s designee of the PBCE.
e. Hazards and Hazardous Materials
i. Asbestos and Lead-Based Paint.

In conformance with State and local laws, a visual inspection/pre-demolition survey, and possible sampling, shall be conducted prior to the demolition of on-site building(s) to determine the presence of asbestos-containing materials (ACMs) and/or lead-based paint (LBP).

During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed.

All potentially friable asbestos containing materials (ACMs) shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.

A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.

Materials containing more than one-percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.

Based on Cal/OSHA rules and regulations, the following conditions are required to limit impacts to construction workers.
1) Prior to commencement of demolition activities, a building survey, including sampling and testing, shall be completed to identify and quantify building materials containing lead-based paint.
2) During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, CCR, Section 1532.1, including employee training, employee air monitoring and dust control.
3) Any debris or soil containing lead-based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the type of waste being disposed. f. Hydrology and Water Quality
Construction-related water quality.
1) Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
2) Earthmoving or other dust-producing activities shall be suspended during periods of high winds.
3) All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
4) Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
5) All trucks hauling soil, sand, and other loose materials shall be covered and all trucks shall maintain at least two feet of freeboard.
6) All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). 7) Vegetation in disturbed areas shall be replanted as quickly as possible. 8) All unpaved entrances to the site shall be filled with rock to remove mud from tires prior to entering City streets. A tire wash system shall be installed if requested by the City.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov 9) The project applicant shall comply with the City of San José Grading Ordinance, including implementing erosion and dust control during site preparation and with the City of San José Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction.
ii. Flooding. The project would implement the following standard permit conditions to reduce flooding impacts to proposed structures in order to comply with relevant City policies.
1) The lowest floor shall be elevated above 12.00’ NAVD88 or floodproof to the same elevation. For insurance rating purposes, the structure’s floodproofed design elevation must be at least one foot above the base flood elevation to receive rating credit.
2) An Elevation Certificate (FEMA Form 086-0-33) for the proposed project, based on construction drawings, is required prior to issuance of a building permit.

Additionally, an Elevation Certificate for the built structure, based on finished construction, is required prior to issuance of an occupancy permit. 3) If the structure is to be floodproofed, a Floodproofing Certificate (FEMA Form 086-0-34) for each structure, floodproofing details, and if applicable, a Flood Emergency Operation Plan and an Inspection and Maintenance Plan are required prior to the issuance of a Public Works Clearance.
4) Building support utility systems such as HVAC, electrical, plumbing, air conditioning equipment, including ductwork, and other service facilities must be elevated above the base flood elevation or protected from flood damage. g. Noise
Construction-Related Noise. Noise minimization measures include, but are not limited to, the following:
1) Limit construction hours to between 7:00 a.m. and 7:00 p.m., Monday through Friday, unless permission is granted with a development permit or other planning approval. No construction activities are permitted on the weekends at sites within 500 feet of a residence.
2) Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses. 3) Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. 4) Prohibit unnecessary idling of internal combustion engines. 5) 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.
6) Utilize “quiet” air compressors and other stationary noise sources where technology exists.
7) Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov 8) 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. 9) 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.
10) 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 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. 11) 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 noise mitigation plan is adequate to prevent noise disturbance of affected residential uses.

27. Bureau of Fire Department Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the project must comply with the California Fire Code as adopted or updated by the City.

28. Public Works Clearance for Building Permit(s) or Map Approval: Prior to the approval of the Tract or Parcel Map (if applicable) by the Director of Public Works, or the issuance of Building permits, whichever occurs first, the applicant will be required to have satisfied all of the following Public Works conditions. The applicant is strongly advised to apply for any necessary Public Works permits prior to applying for Building permits. Standard review timelines and submittal instructions for Public Works permits may be found at the following:
http://www.sanjoseca.gov/devresources.
a. Transportation:
i. A Transportation Analysis has been performed for this project. We conclude that the subject project will be in conformance with the City of San Jose Transportation Policy (Council Policy 5-1) and a determination for less than significant impacts can be made with respect to transportation impacts. See separate Transportation Analysis Memo dated 12/22/2021 for additional information.
ii. An area wide traffic impact analysis was prepared as part of the North San Jose Area Development Policy, adopted June 2005. Traffic impacts were identified and resulted in an area wide traffic impact fee. Consistent with North San Jose EIR, this project is required to pay a traffic impact fee. The 2021 fee is $5,133 per hotel room and is subject to an annual escalation of 3.3% on July 1st and the next fee escalation will occur on July 1st, 2023. This fee must be paid prior to issuance of Public Works Clearance. Credits for existing structures on site will be applied to the traffic impact fee consistent with the policy and will be prorated. with each building permits issued.

Project will not be subject to the TIF if the NSJADP policy is closed prior to the project pulling Building Permits.

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov b. Grading/Geology:
i. A grading permit is required prior to the issuance of a Public Works Clearance. ii. All on-site storm drainage conveyance facilities and earth retaining structures 4 foot in height or greater (top of wall to bottom of footing) or is being surcharged (slope of 3:1 or greater abutting the wall) shall be reviewed and approved under Public Works grading and drainage permit prior to the issuance of Public Works Clearance. The drainage plan should include all underground pipes, building drains, area drains and inlets. The project shall provide storm drainage calculations that adhere to the latest California Plumbing Code as adopted under the City of San Jose Municipal Code Section 24.04.100 or submit a stamped and signed engineered design alternative for Public Works discretionary approval and must be designed to convey a 10-year storm event.
iii. If the project proposes to haul more than 10,000 cubic yards of cut/fill to or from the project site, a haul route permit is required. Prior to issuance of a grading permit, contact the Department of Transportation at (408) 535-3850 for more information concerning the requirements for obtaining this permit.
iv. Because this project involves a land disturbance of one or more acres, the applicant is required to submit a Notice of Intent to the State Water Resources Control Board and to prepare a Storm Water Pollution Prevention Plan (SWPPP) for controlling storm water discharges associated with construction activity. Copies of these documents must be submitted to the City Project Engineer prior to issuance of a grading permit. v. The Project site is within the State of California Seismic Hazard Zone. A geotechnical investigation report addressing the potential hazard of liquefaction must be submitted to, reviewed and approved by the City Geologist prior to issuance of a grading permit or Public Works Clearance. The report should also include, but not limited to:
foundation, earthwork, utility trenching, retaining and drainage recommendations.

The investigation should be consistent with the guidelines published by the State of California (CGS Special Publication 117A) and the Southern California Earthquake Center (SCEC, 1999). A recommended depth of 50 feet should be explored and evaluated in the investigation.
c. Stormwater Runoff Pollution Control Measures: This project must comply with the City’s Post-Construction Urban Runoff Management Policy (Policy 6-29) which requires implementation of Best Management Practices (BMPs) which includes site design measures, source controls and numerically-sized Low Impact Development (LID) stormwater treatment measures to minimize stormwater pollutant discharges. i. The project’s Stormwater Control Plan and numeric sizing calculations have been reviewed and this project will be in conformance with City Policy 6-29. ii. Final inspection and maintenance information on the post-construction treatment control measures must be submitted prior to issuance of a Public Works Clearance. iii. A design of the pervious pavement by a Licensed Geotechnical Engineer shall be submitted prior to the issuance of a Public Works Clearance. d. Stormwater Peak Flow Control Measures: The project is located in a nonHydromodification Management area and is not required to comply with the City’s PostConstruction Hydromodification Management Policy (Council Policy 8-14).

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov e. Flood: Zone AE, Elevation 12.00’ 1988 North American Vertical Datum (NAVD88):
i. Elevate the lowest floor above 12.00' NAVD88 or floodproof to the same elevation.

For insurance rating purposes, the structure’s floodproofed design elevation must be at least one foot above the base flood elevation to receive rating credit. ii. An Elevation Certificate (FEMA Form 086-0-33) for the proposed structure, based on construction drawings, is required prior to issuance of a building permit.

Consequently, an Elevation Certificate for the built structure, based on finished construction is required prior to issuance of an occupancy permit. iii. If the structure is to be floodproofed, a Floodproofing Certificate (FEMA Form 086- 0-34) for each structure, floodproofing details, and if applicable, a Flood Emergency Operation Plan and an Inspection & Maintenance Plan are required prior to the issuance of a Public Works Clearance.
iv. Building support utility systems such as HVAC, electrical, plumbing, air conditioning equipment, including ductwork, and other service facilities must be elevated above the base flood elevation or protected from flood damage. f. Sewage Fees: In accordance with City Ordinance all storm sewer area fees, sanitary sewer connection fees, and sewage treatment plant connection fees, less previous credits, are due and payable.
g. Municipal Water: In accordance with City Ordinance #23975, Major Water Facilities Fee is due and payable. Contact Juan Renteria at (408) 794-6772 for further information. h. Assessments: This project proposes a hotel use. The City of San José, on September 30, 2008 implemented a special tax for Convention Center Facilities District (CCFD) No. 2008-1 for all existing hotel properties with the intent that future hotel properties were expected to participate as well. The special tax was authorized to be levied on hotel properties for the purpose of paying for the acquisition, construction, reconstruction, replacement, rehabilitation and upgrade of the San Jose Convention Center. The special tax is levied and collected in addition to and in a manner similar to the City’s Transient Occupancy Tax. The base special tax is 4% of gross rents, and may be subject to an additional special tax up to 1% of gross rents. Please contact Thomas Borden at (408) 535-6831 to coordinate the annexation process.
i. Street Improvements: Construct a 26’ wide ADA compliant driveway per City Standard Detail R-6 along Trinity Park Drive for the Alviso Branch Library. j. Easement: Project will be required to dedicate a 30’ Public Trail Easement (PTE) k. Referrals: This project should be referred to the Santa Clara Valley Water District.

29. Building Division Clearance for Issuing Permits. Prior to the issuance of a Building Permit, the following requirements must be met to the satisfaction of the Chief Building Official:
a. Construction Plans. This permit file number, PD19-031 shall be printed on all construction plans submitted to the Building Division.
b. Americans with Disabilities Act. The applicant shall provide appropriate access as required by the Americans with Disabilities Act (ADA).

File No. PD19-031

200 E. Santa Clara St., 3rd Floor Tower, San José, CA 95113 tel: (408) 535-3555 www.sanjoseca.gov c. Construction Plan Conformance. A project construction plan conformance review by the Planning Division is required. Planning Division review for project conformance will begin with the initial plan check submittal to the Building Division. Prior to any building permit issuance, building permit plans shall conform to the approved Planning development permits and applicable conditions.

30. Revocation, Suspension, Modification. This Planned Development Permit may be revoked, suspended or modified by the Planning Director, or by the Planning Commission on appeal, at any time regardless of who is the owner of the subject property or who has the right to possession thereof or who is using the same at such time, whenever, after a noticed hearing in accordance with Part 3, Chapter 20.44, Title 20 of the San José Municipal Code it finds:
a. A violation of any conditions of the Planned Development Permit Amendment was not abated, corrected or rectified within the time specified on the notice of violation; or b. A violation of any City ordinance or State law was not abated, corrected or rectified within the time specified on the notice of violation; or c. The use as presently conducted creates a nuisance.

APPROVED and issued on this 20th day of April 2022
Christopher Burton, Director
Planning, Building, and Code Enforcement
Deputy
Robert Manford

200 E. Santa Clara Street, 3rd FL San José, CA 95113 tel (408) 535-3555 www.sanjoseca.gov/pbce Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

MITIGATED NEGATIVE DECLARATION
The Director of Planning, Building and Code Enforcement has reviewed the proposed project described below to determine whether it could have a significant effect on the environment as a result of project completion. “Significant effect on the environment” means a substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.

PROJECT NAME: Alviso Hotel Project
PROJECT FILE NUMBER: PD19-031
PROJECT DESCRIPTION: Planned Development (PD) Permit to allow the construction of an approximately 112,463-square foot, 214-room hotel in a five-story building. The northeast and northwest sections of the site would include surface parking with 21 parking spaces, and a four-story parking garage with 213 spaces, for a total of 234 parking spaces.

PROJECT LOCATION: The project is located at an undeveloped approximately 6.23-acre lot located south of North First Street and north of Highway 237 in the Alviso area of San José.

ASSESSOR’S PARCEL NO.: 015-48-006 COUNCIL DISTRICT: 4
APPLICANT CONTACT INFORMATION: Trang Tu-Nguyen, TNT Dev Services Inc. for the Shops@Terra, LLC, 1566 Davis Street, San Jose, CA 95126, (408)-857-4731

FINDING
The Director of Planning, Building and Code Enforcement finds the project described above would not have a significant effect on the environment if certain mitigation measures are incorporated into the project. The attached Initial Study identifies one or more potentially significant effects on the environment for which the project applicant, before public release of this Mitigated Negative Declaration (MND), has made or agrees to make project revisions that will clearly mitigate the potentially significant effects to a less than significant level.

MITIGATION MEASURES INCLUDED IN THE PROJECT TO REDUCE POTENTIALLY

SIGNIFICANT EFFECTS TO A LESS THAN SIGNIFICANT LEVEL
A. AESTHETICS – The project would not have a significant impact on this resource, therefore no mitigation is required.

B. AGRICULTURE AND FORESTRY RESOURCES – The project would not have a significant impact on this resource, therefore no mitigation is required.

Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 2 of 10 C. AIR QUALITY - The project would not have a significant impact on this resource, therefore no mitigation is required.

D. BIOLOGICAL RESOURCES.

Impact BIO-1: The project could result in impacts from construction activities to special status plant species such as Congdon’s tarplant and San Joaquin spearscale.

MM-BIO-1: Protocol-level surveys, as defined by the California Department of Fish and Wildlife (CDFW) and/or the California Native Plant Society (CNPS) shall be conducted by a qualified biologist during the documented bloom period of Congdon’s tarplant (May to November) and San Joaquin spearscale (April to October) to determine the presence of these species in areas to be disturbed. Survey timing may fluctuate based on blooming periods of appropriate reference site locations. The biologist shall submit a report indicating the results of the survey to the City’s Director of PBCE or the Director’s designee for review and approval prior to issuance of any grading permit.

If special-status plant surveys result in negative findings, no impacts would occur, and no mitigation would be required. Similarly, if special-status plant surveys find either species are observed within the project area but can be avoided, these plants would not be impacted, and no mitigation would be required. However, if either species is found to be present, the implementation of following measures would reduce project impact on special-status plants to less than significant:
• If a population of Congdon’s tarplant or San Joaquin spearscale is identified in the project footprint and cannot be avoided, mitigation for loss of individuals shall be completed.

Mitigation shall be achieved by establishing a new population in the seasonal wetland and ruderal herbaceous vegetation that occur within the Wetland and Riparian Avoidance Buffer on the project site. This area shall not be developed by the project, and shall contain suitable habitat types for establishing a new population. Mitigation shall be a 1:1 ratio of plant establishment, on an acreage basis.

A Habitat Mitigation and Monitoring Plan (HMMP) shall be completed by a qualified biologist or botanist prior to removal of the individuals. The HMMP shall include a detailed explanation of how the new population would be established, as well as an explanation of what metrics shall be used to measure the success criteria of the new population. The HMMP shall include details for monitoring criteria to quantitatively sample the Congdon’s tarplant or San Joaquin spearscale population and determine the number of germinated/surviving plants. This monitoring shall continue annually or until the success criteria described in the HMMP has been met; once annual monitoring has documented that a self-sustaining population has been successfully established on site, this mitigation measure shall be determined to have been met. If after five years of implementation of the new population the success criteria has not been met, adaptive management measures created by a qualified biologist or botanist shall be implemented. The HMMP shall be submitted to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee for review and approval prior to issuance of any grading permit.

MM BIO-1.2: For the protection of special-status birds and native nesting birds protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC), future project activities shall occur from September 1 – January 31 (inclusive) outside of the nesting season, to the extent feasible.

If work cannot be scheduled to occur outside of the nesting season, and project activities (grading, staging, etc.,) are initiated during the nesting season (February 1 – August 31, inclusive), a qualified wildlife biologist shall conduct a nesting bird survey no more than 14 days Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 3 of 10 prior to the start of project activities, such as grading or staging, and prior to issuance of any grading permit. If no active nests are identified during the surveys, no impacts will occur to birds and work shall progress without restriction. If active nests are identified, a no-disturbance buffer around the nest shall be implemented to avoid impacts to nesting birds. Buffers shall be determined by a qualified biologist, and typically range from 25 feet to 500 feet depending on the species, nest location, and protection status of that species. After an active nest is determined to no longer be active, because of young fledging or predation, the buffer around the nest shall be removed and work shall progress without restriction.

MM BIO-1.3: Prior to issuance of any grading, building, or demolition permits, the project applicant shall implement Condition 15 of the Habitat Plan and pay burrowing owl impact fees to the Habitat Agency. Pursuant to Condition 15, a qualified biologist shall conduct preconstruction surveys in all suitable habitat areas. To maximize the likelihood of detecting owls, the preconstruction survey shall last a minimum of three hours. The survey shall begin one hour before sunrise and continue until two hours after sunrise (for three hours total) or begin two hours before sunset and continue until one hour after sunset. Additional time may be required for large project sites. A minimum of two surveys shall be conducted (if owls are detected on the first survey, a second survey is not needed). All owls observed shall be counted and their locations mapped. Surveys shall conclude no more than two calendar days prior to the start of any construction. Therefore, the project applicant must begin surveys no more than four days prior to construction (two days of surveying plus up to two days between surveys and construction). To avoid last-minute changes in schedule or contracting that may occur if burrowing owls are found, the project applicant may also conduct a preliminary survey up to fourteen (14) days before start of any construction. This preliminary survey may count as the first of the two required surveys as long as the second survey concludes no more than two calendar days in advance of construction.

If evidence of western burrowing owls is found during the breeding season (February 1–August 31, inclusive), the project applicant shall avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance shall include establishment of a 250-foot non-disturbance buffer zone around nests. Construction may occur outside of the 250-foot non-disturbance buffer zone.

Construction may occur inside of the 250-foot non-disturbance buffer during the breeding season if:
 the nest is not disturbed, and
 the project applicant develops an avoidance, minimization, and monitoring plan is approved by the Habitat Agency and the Wildlife Agencies prior to project construction.

If evidence of western burrowing owls is found during the non-breeding season (September 1– January 31, inclusive), the project applicant shall establish a 250-foot non-disturbance buffer around occupied burrows as determined by a qualified biologist. Construction activities outside of this 250-foot buffer are allowed. Construction activities within the non-disturbance buffer are allowed if the certain criteria are met, as outlined in the Habitat Plan Conditions Implementation Guide, in order to prevent owls from abandoning important overwintering sites.

The project applicant shall submit a report disclosing evidence of compliance with the Habitat Plan to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee prior to issuance of any grading, building, or demolition permits.

Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 4 of 10 Impact BIO-2: The project could have a substantial adverse effect on a riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS due to the introduction and/or spread of invasive weeds.

MM BIO-2.1: All seeds and straw materials used on site shall be composed of weed-free rice (or similar acceptable material) straw, and all gravel and fill material shall be certified weed-free.

Proof of certification, in the form of a California Department of Food and Agriculture Form 66- 079 “Certificate of Quarantine Compliance,” or equivalent certification from a qualified biologist, shall be submitted to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee prior to issuance of any grading, building or demolition permits.

During construction, vehicles and equipment shall be washed (including wheels, undercarriages, and bumpers) before leaving and after entering the project footprint. Vehicles shall be cleaned at existing construction yards or legal operating car washes. This measure shall be printed on all construction documents, contracts, and project plans.

Following construction, temporary impact zones or any disturbed ground that will not be under hardscape, landscaped, or maintained, shall be reseeded with a native seed mixture as verified by a qualified biologist.

Seed mixtures applied for erosion control shall be composed of native species appropriate for the site in order to provide long-term erosion control and slow colonization by invasive non-native plants. The project applicant shall prepare a detailed landscape plan identifying the areas to be reseeded and the native seed mixture to be used and submit the plan to the Director of the City of San José Department of Planning, Building and Code Enforcement or the Director’s designee for review and approval.

Impact BIO-3: The project could have a substantial adverse effect on adjacent wetland and nonwetland waters through direct removal, filling, hydrological interruption, or other means.

MM BIO-3.1: Prior to the issuance of any grading or building permits, the project applicant shall establish a Wetland and Riparian Avoidance Buffer at least 50 feet from the edge of the wetland or non-wetland water features and at least 100 feet from the edge of the riparian area, and all grading and construction activities shall occur outside of this area. The Wetland and Riparian Avoidance Buffer shall be temporarily staked prior to grading and construction activities, using orange construction fencing, lathe and flagging or its equivalent, by a qualified biologist to ensure that construction equipment and personnel avoid these features. Fencing shall be erected along the outer edge of the site, between the site and any adjacent wetland, pond, or riparian area, for the duration of project construction. Photo documentation shall be submitted to the Director of the City of San José Department of Planning, Building and Code Enforcement or the Director’s designee.

Typical avoidance and minimization measures, such as those listed in Table 6-2 of the Habitat Plan or measures deemed appropriate by a qualified biologist, shall be implemented during construction. To this end, all personnel working adjacent to the Wetland and Riparian Avoidance Buffer shall be trained by a qualified biologist in the avoidance and minimization measures outlined in Table 6-2 of the Habitat Plan. Training materials shall be submitted to the Director of the City of San José Department of Planning, Building and Code Enforcement or the Director’s designee upon request.

Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 5 of 10 MM BIO-3.2: The following measures shall be implemented to ensure avoidance of erosion or pollution to wetlands during construction activity:
• Appropriate erosion control measures (e.g., fiber rolls, filter fences, vegetative buffer strips) shall be used on site to reduce siltation and runoff of contaminants into wetlands or nonwetland waters. Filter fences, if used, shall be of material that will not trap reptiles and amphibians (i.e., no mesh, woven, or netted material and no high density plastic fencing).

Erosion control blankets shall be used as a last resort because of their tendency to biodegrade slowly and trap reptiles and amphibians.
• Erosion-control measures shall be placed between the wetland or pond and the outer edge of the Project site. Fiber rolls used for erosion control shall be certified as free of noxious weed seed.
• Vehicles and equipment shall be parked on pavement, existing roads, and previously disturbed area.
• No construction or maintenance vehicles shall be refueled within 200 feet of avoided wetlands and non-wetland waters unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the case of a spill.

Used cleaning materials (e.g., liquids) shall be disposed of safely, and if necessary, taken off site for proper disposal. Used disposable globes should be retained for safe disposal in sealed bags.

Impact BIO-4: The project could interfere substantially with the movement of native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites due to bird collisions.

MM BIO-4.1: Façade Treatments. Prior to issuance of any building permits, ,the project applicant shall ensure that all glazing on the southern façade of the building facing identified wetland areas and the Guadalupe River is treated with bird-friendly glazing treatments. Examples of bird-friendly glazing treatments include the use of opaque glass, the covering of clear glass surface with patterns, the use of paned glass with fenestration patterns, and the use of external screens over non-reflective glass. For the remaining building façades, no more than 10 percent of the surface area of façades between the ground and 60 feet above ground shall have untreated glazing. The final building design shall be reviewed by a qualified biologist for compliance, and the results of the review provided to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee, prior to issuance of a building permit.

Landscaping. Any trees used in landscaping that are adjacent to areas of untreated glazing shall have heights that do not exceed the first story of the building. This can be achieved through selection of species and/or through pruning. In these areas, tree species shall be selected that do not provide valuable resources for birds (e.g., food such as berries or other fruits, or cavities for nesting in their adult state) and that are not known to grow exceptionally tall (avoid oaks, redwoods, and eucalyptus trees). The final landscape plan shall be reviewed by a qualified biologist for compliance, and the results of the review provided to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee, prior to issuance of any building permits.

E. CULTURAL RESOURCES.

Impact CUL-2: Ground disturbing activities associated with project construction may result in impacts to unrecorded archaeological resources.

MM CUL-2.1: Treatment Plan: Prior to issuance of any grading permit, a project-specific Cultural Resources Treatment Plan shall be prepared by a qualified archaeologist in consultation with a Native American representative registered with the NAHC for the City of San Jose. The Cultural Resources Treatment Plan shall reflect permit-level detail pertaining to depths and Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 6 of 10 locations of all ground disturbing activities. The Cultural Resources Treatment Plan shall be prepared and submitted to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee prior to approval of any grading permit. The Treatment Plan shall contain, at a minimum:
• Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations. • Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found). • Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information).
• Detailed field strategy used to record, recover, or avoid the finds and address research goals. • Analytical methods.
• Report structure and outline of document contents.
• Disposition of the artifacts.
• Appendices: all site records, correspondence, and consultation with Native Americans, etc.

MM CUL-2.2: Investigation: Prior to issuance of any grading or demolition permits, the project applicant shall complete a preliminary field investigation program in conformance with the project-specific Cultural Resources Treatment Plan required under Mitigation Measure MM CUL2.1. The locations of subsurface testing and exploratory trenching shall be determined prior to issuance of any grading permit based on the Cultural Resources Treatment Plan recommendations. A qualified archaeologist and a qualified Native American monitor, registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area, shall complete a presence/absence exploration. Results of the investigation shall be provided to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee prior to issuance of any grading permit.

If any finds were discovered during the preliminary field investigation, the project shall implement MM CUL-2.4 for evaluation and recovery methodologies. The results of the preliminary field investigation and program shall be submitted to the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee for review and approval prior to issuance of any grading permit.

MM CUL-2.3: Construction Monitoring and Protection Measures: Although the data recovery and treatment program would be expected to recover potentially significant materials and information from the areas impacted by the project prior to grading, it is possible that additional resources could remain on- site. Therefore, all ground-disturbing activities (e.g., grading and excavation) shall be completed under the observation of a qualified archaeologist and a qualified Native American monitor, registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area.

The qualified archaeologist or a qualified Native American monitor, registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area, shall have authority to halt construction activities temporarily in the immediate vicinity of an unanticipated find. If, for any reasons, the qualified archaeologist or a qualified Native American monitor, registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area, is not present, but construction crews encounter a cultural resource, all work shall stop temporarily within 50 feet of the find until a qualified archaeologist Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 7 of 10 in consultation with a qualified Native American monitor, registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area, has been contacted to determine the proper course of action.

The City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer shall be notified of any finds during the grading or other construction activities. Any human remains encountered during construction shall be treated according to the protocol identified in MM CUL-2.5.

MM CUL-2.4: Evaluation and Data Recovery: The City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer shall be notified of any finds during the preliminary field investigation, grading, or other construction activities.

Any historic or prehistoric material identified in the project area during the preliminary field investigation and during grading or other construction activities shall be evaluated for eligibility for listing as a Candidate City Landmark and/or in the California Register of Historic Resources.

Data recovery methods may include, but are not limited to, backhoe trenching, shovel test units, hand auguring, and hand-excavation.

The techniques used for data recovery shall follow the protocols identified in the project-specific Cultural Resources Treatment Plan. Data recovery shall include excavation and exposure of features, field documentation, and recordation.

MM CUL-2.5: Human Remains: Native American coordination shall follow the protocols established under Assembly Bill 52, State of California Code, and applicable City of San José procedures.

If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. In the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The project applicant or qualified archaeologist shall immediately notify the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee who will then notify the Santa Clara County Coroner. The Coroner shall make a determination as to whether the remains are Native American.

If the remains are believed to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC shall then designate a Most Likely Descendant (MLD). The MLD shall inspect the remains and make a recommendation on the treatment of the remains and associated artifacts.

If one of the following conditions occurs, the landowner or his authorized representative shall work with the Coroner, in consultation with a qualified Native American monitor, registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area, to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance:
• The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the commission.
• The descendant identified fails to make a recommendation; or • The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.

Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 8 of 10 MM CUL-2.6: Site Security: At the discretion of the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer, site fencing shall be installed on-site during the investigation, grading, building, or other construction activities to avoid destruction and/or theft of potential cultural resources. The responsible qualified archaeologist, in consultation with a qualified Native American monitor, registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area, shall advise the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer as to the necessity for a guard.

The purpose of the security guard shall be to ensure the safety of any potential cultural resources (including human remains) that are left exposed overnight. The Director of PBCE shall have the final discretion to authorize the use of a security guard at the project site.

MM CUL-2.7: Final Reporting: Once all analyses and studies required by the project-specific Cultural Resources Treatment Plan have been completed, the project applicant, or representative, shall prepare a final report summarizing the results of the field investigation, data recovery activities and results, and compliance with the Cultural Resources Treatment Plan during all demolition, grading, building, and other construction activities. The report shall document the results of field and laboratory investigations and shall meet the Secretary of the Interior’s Standards for Archaeological Documentation. The contents of the report shall be consistent with the protocol included in the project-specific Cultural Resources Treatment Plan.

The report shall be submitted to the Director of Planning, Building, and Code Enforcement for review and approval prior to issuance of any Certificates of Occupancy (temporary or final). Once approved, the final documentation shall be submitted to the Northwest Information Center at Sonoma State University, as appropriate.

MM CUL-2.8: Curation: Upon completion of the final report required by the project-specific Cultural Resources Treatment Plan, all recovered archaeological materials not identified as tribal cultural resources by the Native American monitor, shall be transferred to a long-term curation facility. Any curation facility used shall meet the standards outlined in the National Park Services’ Curation of Federally Owned and Administered Archaeological Collections (36 CFR 79). The project applicant shall notify the City of San José Director of Department of Planning, Building and Code Enforcement or the Director’s designee of the selected curation facility prior to the issuance of any Certificates of Occupancy (temporary or final). To the extent feasible, and in consultation with the Native American representative, all recovered Native American/tribal cultural resources and artifacts shall be reburied on-site in an area that is unlikely to be disturbed again.

Treatment of materials to be curated shall be consistent with the protocols included in the projectspecific Cultural Resources Treatment Plan.

All archaeological materials recovered during the data recovery efforts shall be cleaned, sorted, catalogued, and analyzed following standard archaeological procedures, and shall be documented in a report submitted to the Director of Planning, Building and Code Enforcement and the NWIC.

MM CUL-2.9: Dignified and Respectful Treatment – Cultural Sensitivity Training Prior to Construction: An important aspect of the consultation process is a dignified and respectful treatment of Tribal Cultural Resources. Prior to issuance of the Grading Permit, the project shall be required to submit evidence that an Archaeological Monitoring Contractor Awareness Training was held prior to ground disturbance. The training shall be facilitated by the project archaeologist in coordination with a Native American representative registered with the Native American Heritage Commissions for the City of San José and that is traditionally and culturally affiliated Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 9 of 10 with the geographic area as described in Public Resources Code Section 21080.3.

F. ENERGY – The project would not have a significant impact on this resource, therefore no mitigation is required.

G. GEOLOGY AND SOILS – The project would not have a significant impact on this resource, therefore no mitigation is required.

H. GREENHOUSE GAS EMISSIONS - The project would not have a significant impact on this resource, therefore no mitigation is required.

I. HAZARDS AND HAZARDOUS MATERIALS.

Impact HAZ-1: Residual soil and groundwater contamination could expose construction workers and members of the public, including the surrounding residential uses and elementary school, to hazardous materials during construction activities.

MM HAZ-1: Prior to the issuance of any grading, demolition, or building permits, the project applicant shall implement the approved Soil Management Plan prepared for the site under the oversight of the Regional Water Quality Control Board.

J. HYDROLOGY AND WATER QUALITY - The project would not have a significant impact on this resource, therefore no mitigation is required.

K. LAND USE AND PLANNING – The project would not have a significant impact on this resource, therefore no mitigation is required.

L. MINERAL RESOURCES – The project would not have a significant impact on this resource, therefore no mitigation is required.

M. NOISE - The project would not have a significant impact on this resource, therefore no mitigation is required
N. POPULATION AND HOUSING – The project would not have a significant impact on this resource, therefore no mitigation is required.

O. PUBLIC SERVICES – The project would not have a significant impact on this resource, therefore no mitigation is required.

P. RECREATION – The project would not have a significant impact on this resource, therefore no mitigation is required.

Q. TRANSPORTATION / TRAFFIC - The project would not have a significant impact on this resource, therefore no mitigation is required.

R. TRIBAL CULTURAL RESOURCES - The project would not have a significant impact on this resource, therefore no mitigation is required.

S. UTILITIES AND SERVICE SYSTEMS – The project would not have a significant impact on this resource, therefore no mitigation is required.

T. WILDFIRE – The project would not have a significant impact on this resource, therefore no mitigation is required.

U. MANDATORY FINDINGS OF SIGNIFICANCE
Cumulative impacts would be less than significant. The proposed Project would implement the identified mitigation measures and would have either have no impacts or less-than-significant impacts on air quality, biological resources, noise, and transportation. Therefore, the proposed Project would not contribute to any cumulative impact for these resources. The Project would not cause changes in the environment that have any potential to cause substantial adverse direct or indirect effects on human beings.

Mitigated Negative Declaration for PD19-031; Alviso Hotel Project Page 10 of 10

PUBLIC REVIEW PERIOD
Before 5:00 p.m. on Wednesday, November 10, 2021 any person may:

1. Review the Draft Mitigated Negative Declaration (MND) as an informational document only; or

2. Submit written comments regarding the information and analysis in the Draft MND. Before the MND is adopted, Planning staff will prepare written responses to any comments, and revise the Draft MND, if necessary, to reflect any concerns raised during the public review period. All written comments will be included as part of the Final MND.

Christopher Burton, Director
Planning, Building and Code Enforcement
10/7/2021
Date Deputy
Maira Blanco
Environmental Project Manager
Circulation period: October 12, 2021 to November 10, 2021

MITIGATION MONITORING AND REPORTING PROGRAM
Alviso Hotel Project
File No. PD19-031
October 2021

Page | 2 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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

BIOLOGICAL RESOURCES
Impact BIO-1: The project could result in impacts from construction activities to special status plant species such as Congdon’s tarplant and San Joaquin spearscale.

MM BIO-1.1: Protocol-level surveys, as defined by
the California Department of Fish and Wildlife
(CDFW) and/or the California Native Plant Society
(CNPS) shall be conducted by a qualified biologist
during the documented bloom period of Congdon’s
tarplant (May to November) and San Joaquin
spearscale (April to October) to determine the
presence of these species in areas to be disturbed.

Survey timing may fluctuate based on blooming
periods of appropriate reference site locations. The
biologist shall submit a report indicating the results of the survey to the City’s Director of PBCE or the
Director’s designee for review and approval prior to
issuance of any grading permit.

If special-status plant surveys result in negative
findings, no impacts would occur, and no mitigation
would be required. Similarly, if special-status plant
surveys find either species are observed within the
project area but can be avoided, these plants would not be impacted, and no mitigation would be required.

However, if either species is found to be present, the
implementation of following measures would reduce
project impact on special-status plants to less than
significant:

Conduct protocol-level
surveys during the
documented bloom period of
Congdon’s tarplant and San
Joaquin spearscale. Submit a
report indicating the results
of the survey to the City’s
Director of PBCE or the
Director’s designee. If
species are present and
cannot be avoided, then a
new population shall be
established within the
Wetland and Riparian
Avoidance Buffer and a
Habitat Mitigation and
Monitoring Plan (HMMP)
shall be completed.

During the
documented bloom
period of
Congdon’s tarplant
(May to November)
and San Joaquin
spearscale (April to
October) and prior
to issuance of any
grading permit.

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

Review and
approve report of
protocol-level
surveys. Review
and approve the
Habitat Mitigation
and Monitoring
Plan.

During the
documented
bloom period of
Congdon’s
tarplant (May to
November) and
San Joaquin
spearscale (April
to October).

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Alviso Hotel Project
File No. PD19-031

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
• If a population of Congdon’s tarplant or San
Joaquin spearscale is identified in the project
footprint and cannot be avoided, mitigation for
loss of individuals shall be completed. Mitigation
shall be achieved by establishing a new
population in the seasonal wetland and ruderal
herbaceous vegetation that occur within the
Wetland and Riparian Avoidance Buffer on the
project site. This area shall not be developed by
the project, and shall contain suitable habitat types
for establishing a new population. Mitigation shall
be a 1:1 ratio of plant establishment, on an
acreage basis.
• A Habitat Mitigation and Monitoring Plan
(HMMP) shall be completed by a qualified
biologist or botanist prior to removal of the
individuals. The HMMP shall include a detailed
explanation of how the new population would be
established, as well as an explanation of what
metrics shall be used to measure the success
criteria of the new population. The HMMP shall
include details for monitoring criteria to
quantitatively sample the Congdon’s tarplant or
San Joaquin spearscale population and determine
the number of germinated/surviving plants. This
monitoring shall continue annually or until the
Monitor the site annually
and confirm success criteria.

Prior to removal of
any individuals. The
monitoring required
by the HMMP
would continue
annually or until the
success criteria
described in the
HMMP has been
met. If after five
years of
implementation of
the new population
Page | 4 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
success criteria described in the HMMP has been
met; once annual monitoring has documented that
a self-sustaining population has been successfully
established on site, this mitigation measure shall
be determined to have been met. If after five years
of implementation of the new population the
success criteria has not been met, adaptive
management measures created by a qualified
biologist or botanist shall be implemented. The
HMMP shall be submitted to the City of San José
Director of Department of Planning, Building and
Code Enforcement or the Director’s designee for
review and approval prior to issuance of any
grading permit.

MM BIO-1.2: For the protection of special-status
birds and native nesting birds protected by the
Migratory Bird Treaty Act (MBTA) and California
Fish and Game Code (CFGC), future project activities
shall occur from September 1 – January 31 (inclusive)
outside of the nesting season, to the extent feasible.

If work cannot be scheduled to occur outside of the
nesting season, and project activities (grading, staging, etc.,) are initiated during the nesting season (February 1 – August 31, inclusive), a qualified wildlife biologist shall conduct a nesting bird survey no more than 14
days prior to the start of project activities, such as
Complete project activities
from September 1 – January
31, outside of the nesting
season.

If construction activities
cannot be scheduled to occur
outside of the nesting
season, and project activities
are initiated during the
nesting season (February 1 –
August 31, inclusive), a
qualified wildlife biologist
the success criteria
has not been met,
adaptive
management
measures created by
a qualified biologist
or botanist shall be
implemented.

Project activities
shall occur from
September 1 –
January 31
(inclusive) outside
of the nesting
season. If this is not
possible, and
project activities are
initiated during the
nesting season
(February 1 –
August 31,
City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
designee.

Receive copy of
completed bird
surveys.

Prior to issuance
of any grading,
demolition, or
building permits.

Page | 5 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
grading or staging, and prior to issuance of any
grading permit. If no active nests are identified during the surveys, no impacts will occur to birds and work
shall progress without restriction. If active nests are identified, a no-disturbance buffer around the nest
shall be implemented to avoid impacts to nesting
birds. Buffers shall be determined by a qualified
biologist, and typically range from 25 feet to 500 feet depending on the species, nest location, and protection status of that species. After an active nest is
determined to no longer be active, because of young
fledging or predation, the buffer around the nest shall be removed and work shall progress without
restriction.

MM BIO-1.3: Prior to issuance of any grading,
building, or demolition permits, the project applicant
shall implement Condition 15 of the Habitat Plan and
pay burrowing owl impact fees to the Habitat Agency.

Pursuant to Condition 15, a qualified biologist shall
conduct pre-construction surveys in all suitable habitat areas. To maximize the likelihood of detecting owls,
the preconstruction survey shall last a minimum of
three hours. The survey shall begin one hour before
sunrise and continue until two hours after sunrise (for three hours total) or begin two hours before sunset and shall conduct a nesting bird
survey no more than 14 days
prior to the start of project
activities. If active nests are
identified, a no-disturbance
buffer around the nest shall
be implemented to avoid
impacts to nesting birds.

Pay burrowing owl impact
fees to the Habitat Agency.

Conduct pre-construction
surveys for a minimum of
three hours in all suitable
habitat areas.

If evidence of western
burrowing owls is found
during the breeding season
(February 1–August 31,
inclusive), a
qualified wildlife
biologist shall
conduct a nesting
bird survey no more
than 14 days prior
to the start of
project activities,
such as grading or
staging, and prior to
issuance of any
grading permit.

Avoidance buffers
shall be enforced
until active nests are
no longer active.

Prior to issuance of
any grading,
building, or
demolition permits,
implement
Condition 15 of the
Habitat Plan and
pay burrowing owl
impact fees.

City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
designee.

Collect burrowing
owl impact fee on
behalf of the Santa
Clara Valley
Habitat Agency in
conformance with
the Habitat Plan.

Prior to issuance
of any grading,
building, or
demolition
permits.
.

Page | 6 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
continue until one hour after sunset. Additional time
may be required for large project sites. A minimum of
two surveys shall be conducted (if owls are detected
on the first survey, a second survey is not needed). All owls observed shall be counted and their locations
mapped. Surveys shall conclude no more than two
calendar days prior to the start of any construction.

Therefore, the project applicant must begin surveys no
more than four days prior to construction (two days of
surveying plus up to two days between surveys and
construction). To avoid last-minute changes in
schedule or contracting that may occur if burrowing
owls are found, the project applicant may also conduct
a preliminary survey up to fourteen (14) days before
start of any construction. This preliminary survey may
count as the first of the two required surveys as long
as the second survey concludes no more than two
calendar days in advance of construction.

If evidence of western burrowing owls is found during
the breeding season (February 1–August 31,
inclusive), the project applicant shall avoid all nest
sites that could be disturbed by project construction
during the remainder of the breeding season or while
the nest is occupied by adults or young. Avoidance
shall include establishment of a 250-foot nondisturbance buffer zone around nests. Construction may occur outside of the 250-foot non-disturbance
inclusive), avoid all nest
sites that could be disturbed
by project construction
during the remainder of the
breeding season or while the
nest is occupied by adults or
young.

If evidence of western
burrowing owls is found
during the non-breeding
season (September 1–
January 31, inclusive), the
project applicant shall
establish a 250-foot nondisturbance buffer around
occupied burrows as
determined by a qualified
biologist.

Submit a report disclosing
evidence of compliance with
the Habitat Plan to the
Director of Planning,
Building and Code
Enforcement or Director’s
designee.

Surveys shall
conclude no more
than two calendar
days prior to the
start of any
construction. A
preliminary survey
may be conducted
up to fourteen (14)
days before
construction The
survey shall begin
one hour before
sunrise and
continue until two
hours after sunrise
(for three hours
total) or begin two
hours before sunset
and continue until
one hour after
sunset.

Page | 7 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
buffer zone. Construction may occur inside of the 250-
foot non-disturbance buffer during the breeding
season if:
• the nest is not disturbed, and
• the project applicant develops an avoidance,
minimization, and monitoring plan is approved by
the Habitat Agency and the Wildlife Agencies
prior to project construction.

If evidence of western burrowing owls is found during
the non-breeding season (September 1–January 31,
inclusive), the project applicant shall establish a 250- foot non-disturbance buffer around occupied burrows
as determined by a qualified biologist. Construction
activities outside of this 250-foot buffer are allowed.

Construction activities within the non-disturbance
buffer are allowed if the certain criteria are met, as
outlined in the Habitat Plan Conditions
Implementation Guide, in order to prevent owls from
abandoning important overwintering sites.

The project applicant shall submit a report disclosing
evidence of compliance with the Habitat Plan to the
City of San José Director of Department of Planning,
Building and Code Enforcement or the Director’s
designee prior to issuance of any grading, building, or demolition permits.

Page | 8 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
Impact BIO-2: The project could have a substantial adverse effect on a riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFW or USFWS due to the introduction and/or spread of invasive weeds.

MM BIO-2.1: All seeds and straw materials used on
site shall be composed of weed-free rice (or similar
acceptable material) straw, and all gravel and fill
material shall be certified weed-free. Proof of
certification, in the form of a California Department of Food and Agriculture Form 66-079 “Certificate of
Quarantine Compliance,” or equivalent certification
from a qualified biologist, shall be submitted to the
City of San José Director of Department of Planning,
Building and Code Enforcement or the Director’s
designee prior to issuance of any grading, building or
demolition permits.

During construction, vehicles and equipment shall be
washed (including wheels, undercarriages, and
bumpers) before leaving and after entering the project
footprint. Vehicles shall be cleaned at existing
construction yards or legal operating car washes. This
measure shall be printed on all construction documents, contracts, and project plans.

Following construction, temporary impact zones or any
disturbed ground that will not be under hardscape,
landscaped, or maintained, shall be reseeded with a
native seed mixture as verified by a qualified biologist.

Submit proof of certification
for all seed and straw
material used on site, in the
form of a California
Department of Food and
Agriculture Form 66-079
“Certificate of Quarantine
Compliance,” or equivalent
certification from a qualified
biologist.

Wash vehicles and
equipment during
construction before leaving
and entering the project
footprint. This measure shall
be printed on all construction
documents, contracts, and
project plans.

Following construction,
temporary impact zones or
any disturbed ground that
will not be under hardscape,
Prior to issuance of
any grading,
building or
demolition permits.

During
construction.

Following
construction.

Director of the City of
San José Department
of Planning, Building
and Code Enforcement
or the Director’s
designee.

Review and
approve proof of
certification.

Ensure this
measure is printed
on all construction
documents,
contracts, and
project plans.

Review and
approve the
landscape plan.

Prior to issuance
of any grading,
building or
demolition
permits.

During
construction.

Following
construction.

Page | 9 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
Seed mixtures applied for erosion control shall be
composed of native species appropriate for the site in
order to provide long-term erosion control and slow
colonization by invasive non-native plants. The project applicant shall prepare a detailed landscape plan
identifying the areas to be reseeded and the native seed mixture to be used and submit the plan to the Director
of the City of San José Department of Planning,
Building and Code Enforcement or the Director’s
designee for review and approval.
landscaped, or maintained,
shall be reseeded with a
native seed mixture as
verified by a qualified
biologist. Submit the
landscape plan to the
Director of the City of San
José Department of
Planning, Building and Code
Enforcement or the
Director’s designee for
review and approval.

Impact BIO-3: The project could have a substantial adverse effect on adjacent wetland and non-wetland waters through direct removal, filling, hydrological interruption, or other means.

MM BIO-3.1: Prior to the issuance of any grading or
building permits, the project applicant shall establish a Wetland and Riparian Avoidance Buffer at least 50 feet
from the edge of the wetland or non-wetland water
features and at least 100 feet from the edge of the
riparian area, and all grading and construction activities shall occur outside of this area. The Wetland and
Riparian Avoidance Buffer shall be temporarily staked
prior to grading and construction activities, using
orange construction fencing, lathe and flagging or its
equivalent, by a qualified biologist to ensure that
construction equipment and personnel avoid these
features. Fencing shall be erected along the outer edge of the site, between the site and any adjacent wetland, Establish a Wetland and
Riparian Avoidance Buffer
for all grading and
construction activities to
occur outside of. Typical
avoidance and minimization
measures, such as those
listed in Table 6-2 of the
Habitat Plan or measures
deemed appropriate by a
qualified biologist, shall be
implemented during
construction. All personnel
working adjacent to the
Prior to the issuance
of any grading or
building permits
and during all
grading and
construction
activities.

Director of the City of
San José Department
of Planning, Building
and Code Enforcement
or the Director’s
designee.

Review photo
documentation of
the Wetland and
Riparian
Avoidance Buffer
is established.

Review training
materials.

Prior to the
issuance of any
grading or
building permits
and during all
grading and
construction
activities.

Page | 10 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
pond, or riparian area, for the duration of project
construction. Photo documentation shall be submitted
to the Director of the City of San José Department of
Planning, Building and Code Enforcement or the
Director’s designee.

Typical avoidance and minimization measures, such as
those listed in Table 6-2 of the Habitat Plan or
measures deemed appropriate by a qualified biologist,
shall be implemented during construction. To this end,
all personnel working adjacent to the Wetland and
Riparian Avoidance Buffer shall be trained by a
qualified biologist in the avoidance and minimization
measures outlined in Table 6-2 of the Habitat Plan.

Training materials shall be submitted to the Director of the City of San José Department of Planning, Building
and Code Enforcement or the Director’s designee upon
request.

MM BIO-3.2: The following measures shall be
implemented to ensure avoidance of erosion or
pollution to wetlands during construction activity:
• Appropriate erosion control measures (e.g., fiber
rolls, filter fences, vegetative buffer strips) shall be used on site to reduce siltation and runoff of
contaminants into wetlands or non-wetland waters.

Filter fences, if used, shall be of material that will
Wetland and Riparian
Avoidance Buffer shall be
trained by a qualified
biologist in the avoidance
and minimization measures
outlined in Table 6-2 of the
Habitat Plan. Submit photo
documentation to the
Director of the City of San
José Department of
Planning, Building and Code
Enforcement or the
Director’s designee.

Implement appropriate
erosion control measures to
reduce siltation and runoff of
contaminants into wetlands
or non-wetland waters, park
vehicles on pavement,
existing roads, and
previously disturbed areas,
refuel vehicles at least 200
During any
construction
activity.

Director of the City of
San José Department
of Planning, Building
and Code Enforcement
or the Director’s
designee.

Ensure that all
measures are
printed on all
construction
documents,
contracts, and
project plans.

Prior to issuance
of any grading
permits.

Page | 11 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
not trap reptiles and amphibians (i.e., no mesh,
woven, or netted material and no high density
plastic fencing). Erosion control blankets shall be
used as a last resort because of their tendency to
biodegrade slowly and trap reptiles and
amphibians.
• Erosion-control measures shall be placed between
the wetland or pond and the outer edge of the
Project site. Fiber rolls used for erosion control
shall be certified as free of noxious weed seed.
• Vehicles and equipment shall be parked on
pavement, existing roads, and previously disturbed
area.
• No construction or maintenance vehicles shall be
refueled within 200 feet of avoided wetlands and
non-wetland waters unless a bermed and lined
refueling area is constructed and hazardous
material absorbent pads are available in the case of
a spill.
• Used cleaning materials (e.g., liquids) shall be
disposed of safely, and if necessary, taken off site
for proper disposal. Used disposable globes should
be retained for safe disposal in sealed bags.
feet from wetlands and nonwetlands or use a bermed
and lined refueling area with
hazardous material absorbent
pads available, and properly
dispose of used cleaning
materials. All measures shall
be printed on all construction
documents, contracts, and
project plans.

Page | 12 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
Impact BIO-4: The project could interfere substantially with the movement of native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites due to bird collisions.

MM BIO-4.1: Façade Treatments. Prior to issuance of
any building permits, ,the project applicant shall ensure that all glazing on the southern façade of the building facing identified wetland areas and the Guadalupe
River is treated with bird-friendly glazing treatments.

Examples of bird-friendly glazing treatments include
the use of opaque glass, the covering of clear glass
surface with patterns, the use of paned glass with
fenestration patterns, and the use of external screens
over non-reflective glass. For the remaining building
façades, no more than 10 percent of the surface area of façades between the ground and 60 feet above ground
shall have untreated glazing. The final building design shall be reviewed by a qualified biologist for
compliance, and the results of the review provided to
the City of San José Director of Department of
Planning, Building and Code Enforcement or the
Director’s designee, prior to issuance of a building
permit.

Landscaping. Any trees used in landscaping that are
adjacent to areas of untreated glazing shall have
heights that do not exceed the first story of the
building. This can be achieved through selection of
species and/or through pruning. In these areas, tree
species shall be selected that do not provide valuable
Submit building design plan
that shows all glazing on the
southern façade of the
building facing identified
wetland areas and the
Guadalupe River shall be
treated with bird-friendly
glazing treatments and for
the remaining building
façades, more than 10
percent of the surface area of
façades between the ground
and 60 feet above ground
shall have untreated glazing.

Submit landscape plan that
shows any trees used in
landscaping that are adjacent
to areas of untreated glazing
shall have heights that do not
Prior to issuance of
any building
permits.

Prior to issuance of
any building
permits.

The City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
designee.

City of San José
Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review and
approve the final
building design
plan.

Review and
approve the final
landscape plan.

Prior to issuance
of any building
permits.

Prior to issuance
of any building
permits.

Page | 13 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
resources for birds (e.g., food such as berries or other fruits, or cavities for nesting in their adult state) and that are not known to grow exceptionally tall (avoid
oaks, redwoods, and eucalyptus trees). The final
landscape plan shall be reviewed by a qualified
biologist for compliance, and the results of the review provided to the City of San José Director of
Department of Planning, Building and Code
Enforcement or the Director’s designee, prior to
issuance of any building permits.
exceed the first story of the
building.

CULTURAL RESOURCES
Impact CUL-2: Ground disturbing activities associated with project construction may result in impacts to unrecorded archaeological resources.

MM CUL-2.1: Treatment Plan: Prior to issuance of
any grading permit, a project-specific Cultural
Resources Treatment Plan shall be prepared by a
qualified archaeologist. The Cultural Resources
Treatment Plan shall reflect permit-level detail
pertaining to depths and locations of all ground
disturbing activities. The Cultural Resources Treatment Plan shall be prepared and submitted to the City of San José Director of Department of Planning, Building and
Code Enforcement or the Director’s designee prior to
approval of any grading permit. The Treatment Plan
shall contain, at a minimum:

Prepare a project-specific
Cultural Resources
Treatment Plan that includes
all items listed under MM
CUL-2.1
Prior to issuance of
any grading
permits.

The City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
designee.

Review and
approve the
Cultural Resources
Treatment Plan.

Prior to issuance
of any grading
permits.

Page | 14 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
• Identification of the scope of work and range of
subsurface effects (including location map and
development plan), including requirements for
preliminary field investigations.
• Description of the environmental setting (past and
present) and the historic/prehistoric background of
the parcel (potential range of what might be
found).
• Development of research questions and goals to be
addressed by the investigation (what is significant
vs. what is redundant information).
• Detailed field strategy used to record, recover, or
avoid the finds and address research goals.
• Analytical methods.
• Report structure and outline of document contents.
• Disposition of the artifacts.
• Appendices: all site records, correspondence, and
consultation with Native Americans, etc.

Page | 15 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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 CUL-2.2: Investigation: Prior to issuance of any
grading or demolition permits, the project applicant
shall complete a preliminary field investigation
program in conformance with the project-specific
Cultural Resources Treatment Plan required under
Mitigation Measure MM CUL-2.1. The locations of
subsurface testing and exploratory trenching shall be
determined prior to issuance of any grading permit
based on the Cultural Resources Treatment Plan
recommendations. A qualified archaeologist and a
qualified Native American monitor, registered with the
Native American Heritage Commission (NAHC) for
the City of San José and that is traditionally and
culturally affiliated with the geographic area, shall
complete a presence/absence exploration. Results of
the investigation shall be provided to the City of San
José Director of Department of Planning, Building and
Code Enforcement or the Director’s designee
prior to issuance of any grading permit.

If any finds were discovered during the preliminary
field investigation, the project shall implement MM
CUL-2.4 for evaluation and recovery methodologies.

The results of the preliminary field investigation and
program shall be submitted to the City of San José
Director of Department of Planning, Building and
Code Enforcement or the Director’s designee
Complete a preliminary field
investigation program in
conformance with the
project-specific Cultural
Resources Treatment Plan. A
qualified archaeologist and a
qualified Native American
monitor, registered with the
Native American Heritage
Commission (NAHC) for the
City of San José and that is
traditionally and culturally
affiliated with the
geographic area, shall
complete a presence/absence
exploration.

If any finds were discovered
during the preliminary field
investigation, the project
shall implement MM CUL2.4 for evaluation and
recovery methodologies.

Submit the results of the
Prior to project
grading and
excavation.

The City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
designee.

Review and
approve results of
the preliminary
field investigation
and program.

Prior to the
issuance of any
grading or
demolition
permits.

Page | 16 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
for review and approval prior to issuance of any
grading permit.

MM CUL-2.3: Construction Monitoring and
Protection Measures: Although the data recovery and
treatment program would be expected to recover
potentially significant materials and information from
the areas impacted by the project prior to grading, it is possible that additional resources could remain onsite. Therefore, all ground-disturbing activities (e.g., grading and excavation) shall be completed under the
observation of a qualified archaeologist and a qualified Native American monitor, registered with the Native
American Heritage Commission (NAHC) for the City
of San José and that is traditionally and culturally
affiliated with the geographic area.

The qualified archaeologist or a qualified Native
American monitor, registered with the Native
American Heritage Commission (NAHC) for the City
of San José and that is traditionally and culturally
affiliated with the geographic area, shall have authority to halt construction activities temporarily in the
immediate vicinity of an unanticipated find. If, for any reasons, the qualified archaeologist or a qualified
Native American monitor, registered with the Native
American Heritage Commission (NAHC) for the City
of San José and that is traditionally and culturally
preliminary field
investigation and program.

Complete all grounddisturbing activities under
observation of a qualified
archaeologist and a qualified
Native American monitor,
registered with the Native
American Heritage
Commission (NAHC) for the
City of San José and that is
traditionally and culturally
affiliated with the
geographic area. If, for any
reasons, the qualified
archaeologist or a qualified
Native American monitor,
registered with the Native
American Heritage
Commission (NAHC) for the
City of San José and that is
traditionally and culturally
affiliated with the
geographic area, is not
present, but construction
crews encounter a cultural
resource, all work shall stop
During all grounddisturbing activities.The City of San José Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
designee and the
Historic Preservation
Officer.

Review
notifications of
finds.

During all
grounddisturbing
activities.

Page | 17 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
affiliated with the geographic area, is not present, but construction crews encounter a cultural resource, all
work shall stop temporarily within 50 feet of the find
until a qualified archaeologist in consultation with a
qualified Native American monitor, registered with the
Native American Heritage Commission (NAHC) for
the City of San José and that is traditionally and
culturally affiliated with the geographic area, has been contacted to determine the proper course of action. The City of San José Director of Department of Planning,
Building and Code Enforcement or the Director’s
designee and the Historic Preservation Officer shall be notified of any finds during the grading or other
construction activities. Any human remains
encountered during construction shall be treated
according to the protocol identified in MM CUL-2.5.

MM CUL-2.4: Evaluation and Data Recovery: The
City of San José Director of Department of Planning,
Building and Code Enforcement or the Director’s
designee and the Historic Preservation Officer shall be notified of any finds during the preliminary field
investigation, grading, or other construction activities. temporarily within 50 feet of
the find until a qualified
archaeologist in consultation
with a qualified Native
American monitor,
registered with the Native
American Heritage
Commission (NAHC) for the
City of San José and that is
traditionally and culturally
affiliated with the
geographic area, has been
contacted to determine the
proper course of action.

Notify the City of San José
Director of Department of
Planning, Building and Code
Enforcement or the
Director’s designee and the
Historic Preservation Officer
of any finds.

Notify the City of San José
Director of Department of
Planning, Building and Code
Enforcement or the
Director’s designee and the
During the
preliminary field
investigation,
grading, or other
construction
activities.

The City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
Review notification
of any finds.

Review any data
recovery that
occurs.

During the
preliminary field
investigation,
grading, or other
construction
activities.

Page | 18 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
Any historic or prehistoric material identified in the
project area during the preliminary field investigation and during grading or other construction activities shall be evaluated for eligibility for listing as a Candidate City Landmark and/or in the California Register of
Historic Resources. Data recovery methods may
include, but are not limited to, backhoe trenching,
shovel test units, hand auguring, and hand-excavation.

The techniques used for data recovery shall follow the
protocols identified in the project-specific Cultural
Resources Treatment Plan. Data recovery shall include
excavation and exposure of features, field
documentation, and recordation.

MM CUL-2.5: Human Remains: Native American
coordination shall follow the protocols established
under Assembly Bill 52, State of California Code, and
applicable City of San José procedures.

If any human remains are found during any field
investigations, grading, or other construction activities, all provisions of California Health and Safety Code
Sections 7054 and 7050.5 and Public Resources Code
Sections 5097.9 through 5097.99, as amended per
Assembly Bill 2641, shall be followed. In the event of
Historic Preservation Officer
of any finds.

Evaluate any historic or
prehistoric material
identified in the project area
for eligibility for listing as a
Candidate City Landmark
and/or in the California
Register of Historic
Resources.

Follow the protocols
identified in the projectspecific Cultural Resources
Treatment Plan.

Follow the protocols
established under Assembly
Bill 52, State of California
Code, applicable City of San
José procedures, all
provisions of California
Health and Safety Code
Sections 7054 and 7050.5
and Public Resources Code
Sections 5097.9 through
Immediately
following any
discovery of human
remains.
designee and the
Historic Preservation
Officer.

The City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s
designee, the qualified
archaeologist, the
Santa Clara County
Coroner, and the
Native American
Notify the Santa
Clara County
Coroner if human
remains are
discovered. Ensure
all protocols
required under MM
CUL-2.5 are
implemented.

Immediately
following any
discovery of
human remains.

Page | 19 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
the discovery of human remains during construction,
there shall be no further excavation or disturbance of
the site or any nearby area reasonably suspected to
overlie adjacent remains. The project applicant or
qualified archaeologist shall immediately notify the
City of San José Director of Department of Planning,
Building and Code Enforcement or the Director’s
designee who will then notify the Santa Clara County
Coroner. The Coroner shall make a determination as to
whether the remains are Native American.

If the remains are believed to be Native American, the
Coroner shall contact the Native American Heritage
Commission (NAHC) within 24 hours. The NAHC
shall then designate a Most Likely Descendant (MLD).

The MLD shall inspect the remains and make a
recommendation on the treatment of the remains and
associated artifacts.

If one of the following conditions occurs, the
landowner or his authorized representative shall work
with the Coroner, in consultation with a qualified
Native American monitor, registered with the Native
American Heritage Commission (NAHC) for the City
of San José and that is traditionally and culturally
affiliated with the geographic area, to reinter the Native American human remains and associated grave goods
5097.99, as amended per
Assembly Bill 2641.

If human remains are
discovered there shall be no
further excavation or
disturbance of the site or any
nearby area reasonably
suspected to overlie adjacent
remains and the City of San
José Director of Department
of Planning, Building and
Code Enforcement or the
Director’s designee shall be
notified. The City shall then
notify the Santa Clara
County Coroner.

If the remains are believed to
be Native American, the
Coroner shall contact the
Native American Heritage
Commission (NAHC) within
24 hours.

Within 24 hours.

Heritage Commission
(NAHC).

Page | 20 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
with appropriate dignity in a location not subject to
further subsurface disturbance:
• The Native American Heritage Commission is
unable to identify a most likely descendent or the
most likely descendent failed to make a
recommendation within 48 hours after being
notified by the commission.
• The descendant identified fails to make a
recommendation; or
• The landowner or his authorized representative
rejects the recommendation of the descendant, and
the mediation by the Native American Heritage
Commission fails to provide measures acceptable
to the landowner.

MM CUL-2.6: Site Security: At the discretion of the
City of San José Director of Department of Planning,
Building and Code Enforcement or the Director’s
designee and the Historic Preservation Officer, site
fencing shall be installed on-site during the
investigation, grading, building, or other construction activities to avoid destruction and/or theft of potential cultural resources. The responsible qualified
archaeologist, in consultation with a qualified Native
Install site fencing on-site
during the investigation,
grading, building, or other
construction activities to
avoid destruction and/or
theft of potential cultural
resources.

During the
investigation,
grading, building,
or other
construction
activities.

The City of San José
Director of Planning,
Building and Code
Enforcement or the
Director’s designee,
the Historic
Preservation Officer.

Determine if/when
site fencing and/or
security is
necessary to avoid
destruction and/or
theft of potential
cultural resources.

During the
investigation,
grading,
building, or
other
construction
activities.

Page | 21 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
American monitor, registered with the Native
American Heritage Commission (NAHC) for the City
of San José and that is traditionally and culturally
affiliated with the geographic area, shall advise the
City of San José Director of Department of Planning,
Building and Code Enforcement or the Director’s
designee and the Historic Preservation Officer as to the necessity for a guard. The purpose of the security guard shall be to ensure the safety of any potential cultural resources (including human remains) that are left
exposed overnight. The Director of PBCE shall have
the final discretion to authorize the use of a security guard at the project site.

MM CUL-2.7: Final Reporting: Once all analyses and
studies required by the project-specific Cultural
Resources Treatment Plan have been completed, the
project applicant, or representative, shall prepare a
final report summarizing the results of the field
investigation, data recovery activities and results, and compliance with the Cultural Resources Treatment
Plan during all demolition, grading, building, and other construction activities. The report shall document the
results of field and laboratory investigations and shall meet the Secretary of the Interior’s Standards for
Archaeological Documentation. The contents of the
report shall be consistent with the protocol included in the project-specific Cultural Resources Treatment Plan.

Prepare a final report
summarizing the results of
the field investigation, data
recovery activities and
results, and compliance with
the Cultural Resources
Treatment Plan during all
demolition, grading,
building, and other
construction activities. The
report shall document the
results of field and
laboratory investigations and
shall meet the Secretary of
Once all analyses
and studies required
by the projectspecific Cultural
Resources
Treatment Plan
have been
completed and prior
to issuance of any
Certificates of
Occupancy
(temporary or final).

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

Review and
approve the final
report summarizing
the results of the
field investigation,
data recovery
activities and
results, and
compliance with
the Cultural
Resources
Treatment Plan
during all
demolition,
Once all
analyses and
studies required
by the projectspecific Cultural
Resources
Treatment Plan
have been
completed and
prior to issuance
of any
Certificates of
Occupancy
Page | 22 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
The report shall be submitted to the Director of
Planning, Building, and Code Enforcement for review
and approval prior to issuance of any Certificates of
Occupancy (temporary or final). Once approved, the
final documentation shall be submitted to the
Northwest Information Center at Sonoma State
University, as appropriate.

MM CUL-2.8: Curation: Upon completion of the final
report required by the project-specific Cultural
Resources Treatment Plan, all recovered archaeological
materials not identified as tribal cultural resources by the Native American monitor, shall be transferred to a
long-term curation facility. Any curation facility used shall meet the standards outlined in the National Park
Services’ Curation of Federally Owned and
Administered Archaeological Collections (36 CFR 79).

The project applicant shall notify the City of San José Director of Department of Planning, Building and
Code Enforcement or the Director’s designee of the
selected curation facility prior to the issuance of any Certificates of Occupancy (temporary or final). To the
extent feasible, and in consultation with the Native
American representative, all recovered Native
American/tribal cultural resources and artifacts shall be reburied on-site in an area that is unlikely to be
disturbed again.
the Interior’s Standards for
Archaeological
Documentation.

Transfer all recovered
archaeological materials not
identified as tribal cultural
resources by the Native
American monitor, to a longterm curation facility that meets the standards outlined
in the National Park
Services’ Curation of
Federally Owned and
Administered
Archaeological Collections
(36 CFR 79). Notify the City
of San José Director of
Department of Planning,
Building and Code
Enforcement or the
Director’s designee of the
selected curation facility. To
the extent feasible, and in
Upon completion of
the final report
required by the
project-specific
Cultural Resources
Treatment Plan and
prior to the issuance
of any Certificates
of Occupancy
(temporary or final).

The City of San José
Director of
Department of
Planning, Building and
Code Enforcement or
the Director’s.
grading, building,
and other
construction
activities.

Approve the
selected curation
facility.
(temporary or
final.

Upon
completion of
the final report
required by the
project-specific
Cultural
Resources
Treatment Plan
and prior to the
issuance of any
Certificates of
Occupancy
(temporary or
final).

Page | 23 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
Treatment of materials to be curated shall be consistent with the protocols included in the project-specific
Cultural Resources Treatment Plan.

All archaeological materials recovered during the data
recovery efforts shall be cleaned, sorted, catalogued,
and analyzed following standard archaeological
procedures, and shall be documented in a report
submitted to the Director of Planning, Building and
Code Enforcement and the NWIC.

MM CUL-2.9: Dignified and Respectful Treatment –
Cultural Sensitivity Training Prior to Construction: An important aspect of the consultation process is a
dignified and respectful treatment of Tribal Cultural
Resources. Prior to issuance of the Grading Permit, the project shall be required to submit evidence that an
Archaeological Monitoring Contractor Awareness
consultation with the Native
American representative, all
recovered Native
American/tribal cultural
resources and artifacts shall
be reburied on-site in an area
that is unlikely to be
disturbed again.

All archaeological materials
recovered during the data
recovery efforts shall be
cleaned, sorted, catalogued,
and analyzed following
standard archaeological
procedures, and shall be
documented in a report
submitted to the Director of
Planning, Building and Code
Enforcement and the NWIC.

Prior to issuance of the
Grading Permit, the project
shall be required to submit
evidence that an
Archaeological Monitoring
Contractor Awareness
Training was held prior to
Prior to issuance of
the Grading Permit
and prior to any
ground disturbance.

The Director of
Planning, Building and
Code Enforcement
Receive and
approve evidence
that an
Archaeological
Monitoring
Contractor
Prior to issuance
of the Grading
Permit and prior
to any ground
disturbance.

Page | 24 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
Training was held prior to ground disturbance. The
training shall be facilitated by the project archaeologist in coordination with a Native American representative
registered with the Native American Heritage
Commissions for the City of San José and that is
traditionally and culturally affiliated with the
geographic area as described in Public Resources Code
Section 21080.3.
ground disturbance. The
training shall be facilitated
by the project archaeologist
in coordination with a Native
American representative
registered with the Native
American Heritage
Commissions for the City of
San José and that is
traditionally and culturally
affiliated with the
geographic area as described
in Public Resources Code
Section 21080.3.

Awareness
Training was held.

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Residual soil and groundwater contamination could expose construction workers and members of the public, including the surrounding residential uses and elementary school, to hazardous materials during construction activities.

MM HAZ-1.1: Prior to the issuance of any grading,
demolition, or building permits, the project applicant
shall implement the approved Soil Management Plan
prepared for the site under the oversight of the
Regional Water Quality Control Board.

Prepare Soil Management
Plan and receive approval
from Regional Water
Quality Control Board.

Submit copy of approved
plan to City of San José
Director of Planning,
Building and Code
Enforcement or Director’s
designee, and the City of San
Prior to the issuance
of any grading,
demolition, or
building permits
During construction
City of San José
Director of Planning,
Building and Code
Enforcement or
Director’s designee.

City of San José’s
Environmental
Services Department’s
Receive copy of
approved Soil
Management Plan
Prior to the
issuance of any
grading,
demolition, or
building permits
.

Page | 25 File No.: PD19-031
Alviso Hotel Project
File No. PD19-031

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
José’s Environmental
Services Department’s
Municipal Compliance
Officer
Implement the approved Soil
Management Plan under the
direction of Regional Water
Quality Control Board.

Municipal Compliance
Officer
Source: City of San José. Initial Study. Alviso Hotel Project. October 2021.