Cities Index.
Exhibit D - DOC_IS-MND_RTC

San Jose City Council
August 23, 2022

Document
Exhibit D - DOC_IS-MND_RTC
Meeting
August 23, 2022
Body
San Jose City Council
Pages
165
Original file
54.5 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

EXHIBIT D – INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND APPENDICES (May 2021), AND RESPONSE TO COMMENTS (October 2021)
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CITY OF $3
SAN OSE . Planning, Building and Code Enforcement

CAPITAL OF SILICON VALLEY CHRISTOPHER BURTON, DIRECTOR
DETERMINATION OF CONSISTENCY WITH THE 1212-1224 SOUTH WINCHESTER BOULEVARD HOTEL PROJECT MITIGATED NEGATIVE DECLARATION (RESOLUTION NO. 80348) Pursuant to Sections 15164 and 15162 of the CEQA Guidelines, the City of San José has determined that the project described below does not involve new significant effects, and the project is consistent with the project description analyzed in the Mitigated Negative Declaration (MND) for the 1212-1224 South Winchester Boulevard Hotel Project (File Nos. C19-013 and SP20-016). Therefore, the City of San José can take action on the project as being within the scope of the 1212-1224 South Winchester Boulevard Hotel Project MND.

File Number and Project Name: SP20-016,1212-1224 South Winchester Boulevard Hotel Project Project Description: A Special Use Permit to allow the demolition of two commercial structures and associated sheds and parking areas, and the construction of a six-story hotel building with 119 guestrooms, a one-level underground parking garage, and the removal of nine trees, six of which are ordinance size trees on a

0.69-gross acre site.

Location: 1212-1224 South Winchester Boulevard Council District: | The environmental impacts of this project were addressed by the MND entitled, “1212-1224 South Winchester Boulevard Hotel Project,” that was adopted by City Council Resolution No. 80348 on January 11, 2022.

Specifically, the following impacts were reviewed and found to be adequately considered by the MND:
[Xx] Aesthetics Land Use and Planning
x] Agriculture Resources [X] Mineral Resources
Air Quality <] Noise
XX] Biological Resources Population and Housing
Cultural Resources [x] Public Services
Energy [Xx] Recreation
Xx] Geology and Soils (XJ Transportation/Traffic
[x] Greenhouse Gas Emissions [X] Utilities and Service Systems [x] Hazards and Hazardous Materials X] Wildfire
[x] Hydrology and Water Quality [{<] Mandatory Findings of Significance ANALYSIS:

On January 11, 2022, the San José City Council adopted both the rezoning application (File No. C19-013) to rezone the subject property from R-1-8 Single-Family Residence Zoning District to CP Commercial Pedestrian Zoning District (Ordinance No. 30713) and the Mitigated Negative Declaration Resolution (Resolution NO. 80348) for the 1212-1224 South Winchester Boulevard Hotel Project.

The City Council did not take an action on the subject Special Use Permit (File No. SP20-016) to allow for the demolition of the two existing commercial structures, sheds and parking area and the construction of a sixstory hotel building with 119 guestrooms, a one-level underground parking garage, and the removal of nine trees.

The subject Special Use Permit will now be considered by the Director of Planning, Building and Code Enforcement for a decision. While separate actions were taken on the project, the project analyzed in the 1212- 1224 South Winchester Boulevard Hotel Project Initial Study/Mitigated Negative Declaration has not changed and therefore, the development scope, environmental impacts, and mitigation measures would not change. 200 E. Santa Clara Street, 3™ FL San José, CA 95113 tel (408) 535-3555 www.sanjoseca.gov/pbce There would be no new significant environmental impacts that will result from this project pursuant to CEQA Guidelines 15162.

Maira Blanco Christopher Burton, Director
Environmental Planner Planning, Building and Code Enforcement Slt (22 CALVO Date Deputy Cc) \

PUBLIC REVIEW DRAFT
Initial Study
1212-1224 South Winchester
Boulevard Hotel Project
File Numbers: SP20-016, C19-031
May 2021
200 E. Santa Clara Street, 3
rd FL San José, CA 95113 tel (408) 535-3555 www.sanjoseca.gov/pbce Planning, Building and Code Enforcement

CHU CHANG, ACTING 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: 1212-1224 South Winchester Boulevard Hotel Project PROJECT FILE NUMBERS: C19-031 and SP20-016
PROJECT DESCRIPTION: Conforming rezoning from R-1-8 Single-Family Residence Zoning District to CP Commercial Pedestrian Zoning District and a Special Use Permit to allow the demolition of two commercial structures and associated sheds and parking areas, and the construction of a six-story hotel building with 119 guestrooms, a one-level underground parking garage, and the removal of nine trees, six of which are ordinance size trees on a 0.69-gross acre site.

PROJECT LOCATION: 1212-1224 South Winchester Boulevard in the City of San José. The project site is east on Winchester Boulevard, approximately 450 feet northerly of Payne Avenue.

ASSESSORS PARCEL NO.: 279-17-020 and -021 COUNCIL DISTRICT: 1 APPLICANT CONTACT INFORMATION: Henry Cord, Cord Associates, 401 Fieldcrest Drive, San Jose, California, 95123 USA, [email protected], (408) 283-7292

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 C19-031 and SP20-016 1212-1224 South Winchester Boulevard Hotel Project

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C. AIR QUALITY.

Impact AQ-1: Project construction activities associated with the project indicate that the maximum cancer risk from project construction is 33.1 cases per one million, which exceeds the BAAQMD threshold of 10 in one million.

MM AIR-1.1: Construction Operations Plan
Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operation plan to the Director of Planning, Building and Code Enforcement or Director’s designee, demonstrating that the off-road equipment used for construction of the project would achieve a fleet-wide average of at least 70 percent reduction in particulate matter exhaust emissions.

All mobile diesel-powered off-road equipment operating on-site for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 4 engines or equivalent. Prior to the issuance of any demolition permits, the project applicant shall submit a construction operations plan to the Supervising Planner of the Environmental Review Division of the Department of Planning, Building and Code Enforcement, which includes specifications of the equipment to be used during construction and confirmation this requirement is met.

Other measures may be used to minimize construction period Diesel Particulate Matter (DPM) emissions to reduce the estimated cancer risk below the thresholds. The use of equipment that includes CARB-certified Level 4 Diesel Particulate
Filters or alternatively-fueled equipment (i.e., non-diesel), added exhaust devices, or a combination of these measures could meet this requirement. If any of these alternative measures are proposed, the construction operations plans must include specifications of the equipment to be used during construction prior to the issuance of any demolition permits. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure.

D. BIOLOGICAL RESOURCES.

Impact BIO-1: Project tree removal may impact nesting bird habitats.

MM-BIO-1:

Initial site disturbance activities, including vegetation removal, shall not occur during the general avian nesting season (February 1 through August 31, inclusive). If construction activities cannot be scheduled to avoid nesting season, the project applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and status of nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to avoid direct and indirect impacts to nesting birds. To avoid the destruction of active nests and protect the reproductive success of birds protected by the Migratory Bird Treaty Act and California Fish and Game Code, nesting bird surveys shall be performed not more than 14 days prior to vegetation clearance and structure demolition.

Following commencement of construction activities, no additional nesting bird surveys would be Mitigated Negative Declaration for C19-031 and SP20-016 1212-1224 South Winchester Boulevard Hotel Project

Page 3 of 6 ends

required. If active nests are discovered, an avoidance buffer for raptors, typically 250-foot radius and 50-foot radius avoidance buffers for other birds, shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No ground disturbing activities shall occur within this buffer until the qualified biologist has confirmed breeding/nesting is complete and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between September 1 and January 31, inclusive.

Prior to any site disturbance, such as tree removal, or the issuance of any grading, building, or demolition permits (whichever occurs first), the ornithologist/biologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planning, Building and Code Enforcement, or the Director’s designee.

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

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: The project site was historically used for agricultural purposes and there is potential for residual agricultural chemicals to be found in the soil.

MM-HAZ-1:

Prior to issuance of any demolition or grading permits, a qualified consultant shall collect shallow soil samples in the near surface soil in the proposed project area and tested for organochlorine pesticides and pesticide-based metals arsenic and lead to determine if contaminants from previous agricultural operations occur at concentrations above established construction worker safety and commercial/industrial standard environmental screening levels. The result of soil sampling and testing shall be provided to the City’s Supervising Planner of the Department of Planning, Building and Code Enforcement, and the Municipal Environmental Compliance Officer for review.

If pesticide contaminated soils, are found in concentrations above the appropriate regulatory environmental screening levels for the proposed project the applicant shall obtain regulatory oversight from the Santa Clara County Department of Environmental Health under their Site Cleanup Program. The regulatory agency may require development of a Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document which must be prepared by a qualified environmental professional. The plan must establish remedial measures and/or soil management practices to ensure construction worker safety and the health of future workers and visitors. The Plan and evidence of regulatory oversight shall be provided to the Supervising Environmental Planner of the City of San José Planning, Building, and Code Enforcement, and Mitigated Negative Declaration for C19-031 and SP20-016 1212-1224 South Winchester Boulevard Hotel Project

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the Environmental Compliance Officer in the City of San José’s Environmental Services Department.

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
Impact N-1: Project construction would occur within 500 feet of residential land uses and within 200 feet of office uses and would last for approximately 24 months.

MM-N-1:

Construction Noise Logistics Plan: Prior to the issuance of any grading or demolition permits, the project applicant shall submit and implement a construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator.

The noise disturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Planning, Building, and Code Enforcement or Director’s designee of the Department of Planning, Building, and Code Enforcement prior to the issuance of any grading or demolition permits.

As a part of the noise logistic plan and project, construction activities for the proposed project shall include, but is not limited to, the following best management practices:
• In accordance with Policy EC-1.7 of the City’s General Plan, utilize the best available noise suppression devices and techniques during construction activities. • 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. • Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses. • Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
• Prohibit unnecessary idling of internal combustion engines. • Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses. • Utilize “quiet” air compressors and other stationary noise sources where technology exists. • Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
• Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences.

Mitigated Negative Declaration for C19-031 and SP20-016 1212-1224 South Winchester Boulevard Hotel Project

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• If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along surrounding building facades that face the construction sites.
• Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad 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. • 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.

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, and noise. 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.

PUBLIC REVIEW PERIOD
Before 5:00 p.m. on Tuesday June 15, 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 Mitigated Negative Declaration for C19-031 and SP20-016 1212-1224 South Winchester Boulevard Hotel Project

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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.

Chu Chang, Acting Director
Planning, Building and Code Enforcement
5/21/2021
Date Deputy
Maira Blanco
Environmental Project Manager
Circulation period: May 26, 2021 to June 15, 2021
1212-1224 South Winchester Boulevard Hotel i Initial Study City of San José May 2021

TABLE OF CONTENTS
Acronyms and Abbreviations .............................................................................................................. i-4 Section 1.0 Introduction and Purpose ................................................................................................ 1

1.1 Purpose of the Initial Study .................................................................................................... 1

1.2 Public Review Period ............................................................................................................. 1

1.3 Consideration of the Initial Study and Project ....................................................................... 1

1.4 Notice of Determination ......................................................................................................... 1 Section 2.0 Project Information ......................................................................................................... 3

2.1 Project Title ............................................................................................................................ 3

2.2 Lead Agency Contact ............................................................................................................. 3

2.3 Project Applicant .................................................................................................................... 3

2.4 Project Location ..................................................................................................................... 3

2.5 Assessor’s Parcel Number ...................................................................................................... 3

2.6 General Plan Designation and Zoning District ....................................................................... 4

2.7 Habitat Plan Designation ........................................................................................................ 9

2.8 Project-Related Approvals, Agreements, and Permits ........................................................... 9 Section 3.0 Project Description ....................................................................................................... 11

3.1 Project Summary .................................................................................................................. 11

3.2 Proposed Development......................................................................................................... 11

3.3 Site Access, Circulation, and Parking .................................................................................. 21

3.4 Tree Removal and Landscaping ........................................................................................... 21

3.5 Utilities ................................................................................................................................. 21

3.6 Demolition and Construction Activities ............................................................................... 21

3.7 Transportation Demand Management .................................................................................. 22 Section 4.0 Environmental Checklist .............................................................................................. 23

4.1 Aesthetics ............................................................................................................................. 23

4.2 Agricultural Resources ......................................................................................................... 34

4.3 Air Quality ............................................................................................................................ 37

4.4 Biological Resources ............................................................................................................ 49

4.5 Cultural Resources ............................................................................................................... 57

4.6 Energy .................................................................................................................................. 67

4.7 Geology and Soils ................................................................................................................ 73

4.8 Greenhouse Gas Emissions .................................................................................................. 83

4.9 Hazards and Hazardous Materials ........................................................................................ 90

4.10 Hydrology and Water Quality ............................................................................................ 101

4.11 Land Use and Planning....................................................................................................... 112

4.12 Mineral Resources .............................................................................................................. 116

4.13 Noise ................................................................................................................................... 117

4.14 Population and Housing ..................................................................................................... 142

4.15 Public Services ................................................................................................................... 145

4.16 Recreation ........................................................................................................................... 151

4.17 Transportation/Traffic ........................................................................................................ 153

4.18 Tribal Cultural Resources ................................................................................................... 169

4.19 Utilities and Service Systems ............................................................................................. 172

4.20 Wildfire .............................................................................................................................. 182

4.21 Mandatory Findings of Significance .................................................................................. 184 1212-1224 South Winchester Boulevard Hotel i-2 Initial Study City of San José May 2021
References .................................................................................................................................... 187 Bibliography .................................................................................................................................. 187 List of Preparers ................................................................................................................................ 169 EMC Planning Group .................................................................................................................... 193 Illingworth & Rodkin .................................................................................................................... 193 WJV Acoustics, Inc. ...................................................................................................................... 193 Cornerstone Earth Group ............................................................................................................... 193 Essel Environmental Engineering & Consulting ........................................................................... 193 Hexagon Transportation Consultants, Inc. .................................................................................... 193 Arborist .......................................................................................................................................... 193

FIGURES
Figure 1 Location Map ................................................................................................................. 5 Figure 2 Aerial Photograph .......................................................................................................... 7 Figure 3 Site Photographs from South Winchester Boulevard ................................................... 13 Figure 4 Proposed Site Plan ........................................................................................................ 15 Figure 5 Building Rendering ...................................................................................................... 17 Figure 6 Bird’s Eye View Rendering.......................................................................................... 19 Figure 7 Street Views of the Project ........................................................................................... 29 Figure 8 Street Views of the Project (continued) ........................................................................ 31 Figure 9 Project Vicinity and Ambient Noise Monitoring Sites ............................................... 121 Figure 10 Summary of Short-Term Noise Measurement Data ................................................... 123 Figure 11 Project Vicinity and Ambient Noise Monitoring Sites ............................................... 125 Figure 12 Locations of Modeled Traffic Noise Receptors .......................................................... 131 Figure 13 Project-Related Increases in Traffic Noise ................................................................. 133 Figure 14 Typical Construction Equipment ................................................................................ 135 Figure 15 Existing Roadways and Transit Services .................................................................... 157 TABLES
Table 1 Site Characteristics ....................................................................................................... 11 Table 2 Proposed Project Components ...................................................................................... 12 Table 3 San Francisco Bay Area Air Basin Attainment Status .................................................. 39 Table 4 Potentially Applicable Control Measures (2017 Clean Air Plan) ................................. 42 Table 5 Thresholds of Significance for Criteria Air Pollutants ................................................. 43 Table 6 Unmitigated Operational Criteria Air Pollutant Emissions .......................................... 43 1212-1224 South Winchester Boulevard Hotel i-3 Initial Study City of San José May 2021
Table 7 Unmitigated Construction Criteria Air Pollutant Emissions ......................................... 44 Table 8 Tree Replacement Ratio ............................................................................................... 55 Table 9 Private Sector Green Building Policy Applicable Projects ........................................... 70 Table 10 Zoning Ordinance Noise Standards ............................................................................ 128

APPENDICES
Appendix A Project Plans
Appendix B CalEEMod Assessment and Results
Appendix C Health Risk Assessment
Appendix D EMFAC Results
Appendix E Geotechnical Feasibility Study
Appendix F Phase I Environmental Site Assessment
Appendix G Noise Report
Appendix H Transportation Analysis
Appendix I Transportation Demand Management Plan
Appendix J GHG Reduction Checklist
1212-1224 South Winchester Boulevard Hotel i-4 Initial Study City of San José May 2021

ACRONYMS AND ABBREVIATIONS
AB Assembly Bill
BAAQMD Bay Area Air Quality Management District
CalEEMod California Emissions Estimator Model
CAP Clean Air Plan
CARB California Air Resources Board
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CMP Congestion Management Plan
DMA Drainage Management Area
EIR Environmental Impact Report
EMFAC Emissions Factor Model
EPA United States Environmental Protection Agency
GHG Greenhouse Gas
LOS Level of Service
RWQCB Regional Water Quality Control Board
SB Senate Bill
TACs Toxic Air Contaminants
USFWS United States Fish and Wildlife Service
VTA Santa Clara Valley Transportation Authority
1212-1224 South Winchester Boulevard Hotel 1 Initial Study City of San José May 2021
SECTION 1.0 INTRODUCTION AND PURPOSE

1.1 PURPOSE OF THE INITIAL STUDY
The City of San José (City), as the Lead Agency, has prepared this Initial Study for the 1212-1224 South Winchester Boulevard Hotel project in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations §15000 et. seq.) and the regulations and policies of the City of San José, California.

The project includes a rezoning of the site to from the R-1-8 Single-Family Residential to CP Commercial Pedestrian Zoning District File No. C19-031) to facilitate the proposed Special Use Permit (File No. SP20-016) for the development of a six-story hotel with 119 guestrooms. A total of 66 vehicle parking spaces are provided, which would be located within the proposed underground parking garage.

1.2 PUBLIC REVIEW PERIOD
Publication of this Initial Study marks the beginning of a 20-day public review and comment period.

During this period, the Initial Study will be available to local, state, and federal agencies and to interested organizations and individuals for review. Written comments concerning the environmental review contained in this Initial Study during the 20-day public review period should be sent to:

Maira Blanco, Project Manager
City of San José
Department of Planning, Building, and Code Enforcement
200 East Santa Clara Street, Third Floor
San José, California 95113
(408) 535-7837
[email protected]

1.3 CONSIDERATION OF THE INITIAL STUDY AND PROJECT
Following the conclusion of the public review period, the City will consider the adoption of the Initial Study/Mitigated Negative Declaration (MND) for the project at a regularly scheduled meeting. The City shall consider the Initial Study/MND together with any comments received during the public review process. Upon adoption of the MND, the City may proceed with project approval actions.

1.4 NOTICE OF DETERMINATION
If the project is approved, the City will file a Notice of Determination (NOD), which will be available for public inspection and posted within 24 hours of receipt at the County Clerk’s Office for 30 days. The filing of the NOD starts a 30-day statute of limitations on court challenges to the approval under CEQA (CEQA Guidelines Section 15075[g]).

Section 1.0 Project Information
1212-1224 South Winchester Boulevard Hotel 2 Initial Study City of San José May 2021
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1212-1224 South Winchester Boulevard Hotel 3 Initial Study City of San José May 2021
SECTION 2.0 PROJECT INFORMATION

2.1 PROJECT TITLE
1212-1224 South Winchester Boulevard Hotel Project, File Nos. SP20-016, C19-031

2.2 LEAD AGENCY CONTACT
City of San José
Department of Planning, Building and Code Enforcement
Planning Division
200 East Santa Clara Street, Third Floor
San José, California 95113
Environmental Review
Maira Blanco, Planner
City of San José
Department of Planning, Building, and Code Enforcement
200 East Santa Clara Street, Third Floor
San José, California 95113
408-535-7837
[email protected]

2.3 PROJECT APPLICANT
Henry Cord, Cord Associates
401 Fieldcrest Drive
San Jose, CA 95123
Phone: 408-283-7292
Email: [email protected]

2.4 PROJECT LOCATION
The project site is located in the City of San José (City) approximately 41 miles southeast of San Francisco, 25 miles northeast of Santa Cruz, 56 miles southwest of Modesto, and 30 miles northwest of Gilroy. Surrounding cities include Sunnyvale and Santa Clara to the east, and Campbell to the south. The project site is located approximately 0.5 miles west of State Route 17, approximately 0.93 miles south of Interstate 280 (I-280), and approximately three miles southwest of Norman Y. Mineta San José International Airport. The approximately 0.69-acre project site is located at 1212-1224 South Winchester Boulevard within the Winchester Boulevard Urban Village Plan (Urban Village Plan). The site is located between Fireside Drive to the north and Payne Avenue to the south and consists of two commercial buildings (previously converted from singlefamily residences) and associated sheds and parking areas.

Figure 1, Location Map, presents the regional location of the project site. Figure 2, Aerial Photograph, presents the project site and surrounding land uses.

Section 2.0 Project Information
1212-1224 South Winchester Boulevard Hotel 4 Initial Study City of San José May 2021

2.5 ASSESSOR’S PARCEL NUMBER
The project site consists of two parcels: Assessor Parcel Numbers 279-17-020 and 279-17-021 (refer to Figure 2).

2.6 GENERAL PLAN DESIGNATION AND ZONING DISTRICT
The project site has an Envision San José 2040 General Plan (General Plan) land use designation of Neighborhood/Community Commercial (NCC) and is currently zoned as R-1-8 Single-Family Residence District. The proposed project includes rezoning the project site from R-1-8 SingleFamily Residence Zoning District to Commercial Pedestrian (CP) Zoning District to conform with the General Plan land use designation of the site, including its designation within the Winchester Boulevard Urban Village Plan.

General Plan Designation
The General Plan established the Neighborhood/Community Commercial designation to support a very broad range of commercial activity, including commercial uses that serve the communities in neighboring areas, such as neighborhood serving retail and services and commercial/professional office development. Neighborhood /Community Commercial uses typically have a strong connection to and provide services and amenities for the nearby community and should be designed to promote that connection with an appropriate urban form that supports walking, transit use and public interaction. General office uses, hospitals and private community gathering facilities are also allowed in this designation. The project site is also located within the West Valley Planning Area and the Winchester Boulevard Urban Village Plan.

Zoning District
Current
The purpose of the Single-Family Residence Zoning District (R-1) is to reserve land for the construction, use and occupancy of single-family subdivisions. The allowable density range for the R-1 district is one to eight dwelling units per acre. Under the current R-1-8 zoning, development of up to eight dwelling units per acre would be allowed at the project site.

Proposed
The City’s Municipal Code defines the Commercial Pedestrian Zoning District as a district intended to support pedestrian oriented retail activity at a scale compatible with surrounding residential neighborhoods. This district is designed to support the goals and policies of the General Plan related to neighborhood business districts. The Commercial Pedestrian District also encourages mixed residential/commercial development where appropriate. As a result of being within the Winchester Boulevard Urban Village Plan, the uses and development in this district are intended to be in conformance with the Winchester Boulevard Urban Village Plan.

City Growth Area
The Winchester Boulevard Urban Village Plan provides a framework to further the transition of the Winchester Urban Village area into complete neighborhood that is thoughtfully designed, pedestrian and bicyclist-friendly, and meets the needs of people of all ages and abilities.

Project Site
Source: ESRI 2019
Figure 1
Location Map
1212-1224 S. Winchester Boulevard Hotel Initial Study
0 2 miles
Project
Location 101
1 101
Salinas
152 Gilroy
San Jose
San Francisco
Modesto
Santa Cruz
Monterey
580
5 280
680
1 99
Regional Location 1
880
280
680
101
85 17
82 87
101
Santa Clara
San Jose
Campbell
Sunnyvale
Cupertino
Milpitas
San Jose
International Airport
Section 2.0 Project Information
1212-1224 South Winchester Boulevard Hotel 6 Initial Study City of San José May 2021
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Source:Santa Clara County GIS 2017, Google Earth 2018
Figure 2
Aerial Photograph
1212-1224 S. Winchester Boulevard Hotel Initial Study
0 100 feet
S. Winchester Blvd.

Redoaks Dr.

Commercial Use
Commercial Use
Residences
Residences
Project Boundary
1212 S. Winchester Blvd.

APN 279-170-021
1224 S. Winchester Blvd.

APN 279-170-020
Section 2.0 Project Information
1212-1224 South Winchester Boulevard Hotel 8 Initial Study City of San José May 2021
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Section 2.0 Project Information
1212-1224 South Winchester Boulevard Hotel 9 Initial Study City of San José May 2021

2.7 HABITAT PLAN DESIGNATION
Development Zone: Urban Development Equal to or Greater than Two Acres Covered Land Cover Type: Urban - Suburban
Land Cover Fee Zone: Urban Areas (No Land Cover Fee)
Burrowing Owl Survey and Fee Zone: n/a

2.8 PROJECT-RELATED APPROVALS, AGREEMENTS, AND PERMITS
The City of San José is the lead agency responsible for approving the project. Discretionary approval from other public agencies is not necessary. The project would require the following discretionary approvals from the City of San José:
• Rezoning the site from “R-1-8 Single-Family Residence Zoning District” to “Commercial Pedestrian (CP) Zoning District”
• Site Development Permit
• Special Use Permit
• Tree Removal Permit
• Public Works Clearance: Grading Permit
• Building Clearance: Demolition, Building, and Occupancy Permits Section 2.0 Project Information
1212-1224 South Winchester Boulevard Hotel 10 Initial Study City of San José May 2021
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1212-1224 South Winchester Boulevard Hotel 11 Initial Study City of San José May 2021
SECTION 3.0 PROJECT DESCRIPTION

3.1 PROJECT SUMMARY
This initial study provides project-level CEQA analysis for a Special Use Permit to allow the demolition of two existing structures and associated sheds and parking areas and the removal of nine existing trees, six of which are ordinance size trees. The proposed project includes the construction of a six-story hotel building with 119 guestrooms on a 0.69-acre project site (APNs 279-17-020 and -021) located at 1212-1224 South Winchester Boulevard. The proposed project also includes rezoning the project site from R-1-8 Single-Family Residence Zoning District to Commercial Pedestrian (CP) Zoning District.

Project Site Characteristics
The project site is currently developed with two commercial buildings (previously converted from Single-Family Residences) totaling approximately 3,000 square feet (one constructed in 1948 and the other constructed in 1940), three sheds, and associated parking areas. Access is provided from South Winchester Boulevard. The project site is surrounded by residential uses to the north, east, and west and by commercial uses to the south; as shown in Figure 2 presented earlier. Figure 3, Site Photographs from South Winchester Boulevard, illustrates views of the existing development at the project site.

The project site is designated Neighborhood/Community Commercial under the General Plan and is within the Winchester Boulevard Urban Village Plan (Urban Village Plan), which is consistent with planned growth established in the General Plan. The site is currently zoned Single-Family Residential; however, the project proposes to rezone the site to Commercial Pedestrian. Building height in the Commercial Pedestrian zoning district is restricted to a maximum of 65 feet.

The project site characteristics are summarized in Table 1, Site Characteristics, below.

Table 1 Site Characteristics
Project Site Characteristics
Project Site 30,074.50 square feet (or 0.69 acres)
General Plan Designation Neighborhood/Community Commercial Existing Zoning District Single-Family Residence
Proposed Zoning District Commercial Pedestrian
City Growth Area Urban Village
Allowable Height 65 feet1
Existing Structures Two (2) residential buildings totaling approximately 3,000 square feet and three (3) sheds
Surrounding Land Use Residential and Commercial
SOURCE: Project Plans (Carpira Design Group 2021)
Note: Commercial Pedestrian Zoning District
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3.2 PROPOSED DEVELOPMENT
The project includes demolition of two commercial buildings (previously converted from SingleFamily Residences) and associated sheds and parking areas, and development of a six-story hotel with 119 guestrooms reaching a height of 64 feet 7 inches. In order to accommodate the proposed hotel, the project includes a Conforming Rezoning from the R-1-8 Single-Family Residence Zoning District to CP Commercial Pedestrian Zoning District. The proposed hotel includes 66 vehicle parking spaces and additional spaces for bicycles and motorcycles within the underground parking garage.

The first floor of the proposed project includes a main lobby reception area, guest luggage storage, coffee station and bar area, two office rooms, and 11 guest rooms. The remaining 108 guestrooms are divided throughout floor levels two through six. The second floor also includes a gym, jacuzzi, steam room, hotel restaurant, and kitchen area.

Figure 4, Proposed Site Plan, illustrates the site plan. Figure 5, Building Rendering, illustrates the view of the proposed building from South Winchester Boulevard and Figure 6, Bird’s Eye View Rendering, provides another view of the proposed building. The full set of project plans (dated February 1, 2021) can be found in Appendix A. Table 2, Proposed Project Components, provides a summary of key project components. These components are further described in the following sections.

Table 2 Proposed Project Components
Project Component Project Details
Impervious Site Coverage 27,393 square feet (91 percent) Pervious Site Coverage 2,681 square feet (9 percent)
Number of Hotel Rooms 119
Building Height 64 feet 7 inches
Vehicle Parking Spaces 66
Bicycle/Motorcycle Parking Spaces 27 spaces/ 8 spaces
Number of Existing Trees to be Removed 9
Number of Proposed Trees to be Planted 46
Front Setback 26’-0” (first floor: 31’-0”)
Side Yard Setback 6’-0”
Side Yard Setback 6’-0”
Rear Setback 20’-0”
SOURCE: Project Plans (Carpira Design Group 2021)
4 3
2 1
S. Winchester Blvd.
4 From South Winchester Boulevard facing northeast
From South Winchester Boulevard facing east at the
1224 South Winchester Boulevard property 3
From South Winchester Boulevard facing east at the
1212 South Winchester Boulevard property 2
1 From South Winchester Boulevard facing southeast
Photographs: Carpira Design Group 2019
Source: Google Earth 2018
1212-1224 S. Winchester Boulevard Hotel Initial Study
Site Photographs from South Winchester Boulevard
Figure 3
Project Site
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

WINCHESTER BLVD




WOODEN FENCE TOP

OF CONCRETE CURB




COMMERCIAL

RESIDENTIAL

RESIDENTIAL

 
Source: Carpira Design Group 2021
1212-1224 S. Winchester Boulevard Hotel Initial Study
Proposed Site Plan
Figure 4
0 30 feet
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1212-1224 S. Winchester Boulevard Hotel Initial Study
Building Rendering
Figure 5
Source: Carpira Design Group 2021
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1212-1224 S. Winchester Boulevard Hotel Initial Study
Bird’s Eye View Rendering
Figure 6
Source: Carpira Design Group 2021
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3.3 SITE ACCESS, CIRCULATION, AND PARKING
A total of 66 vehicle parking spaces are located within the underground parking basement and parking stackers will be utilized to accommodate the parking spaces. The proposed project also includes additional spaces dedicated to motorcycles and bicyclists in the underground parking basement. Vehicular access to the project site would be provided from South Winchester Boulevard via a parking garage entrance at the southwestern corner of the project site. The underground parking basement of the proposed project includes parking spaces, as mentioned above, a utility room, and a 100-square foot work space in the southwest corner of the basement. The ground floor of the proposed project includes the main lobby and reception area, a coffee shop, an office, a security room, laundry room, and 11 hotel rooms.

The proposed project also includes improvements such as a new curb, gutter, and sidewalk fronting South Winchester Boulevard (refer to Sheet C3.0 in Appendix A). The proposed project includes one new driveway, the only access available to the underground parking basement, to be constructed at the southwest corner of the project site.

3.4 TREE REMOVAL AND LANDSCAPING
There are 18 existing trees in the landscaped areas onsite. The proposed project includes the removal of nine existing trees, six of which are ordinance-sized trees. The proposed project includes planting 46 trees and additional shrubs, grasses, groundcover, and vines. Refer to Sheet L.04 in Appendix A for tables listing the types of trees and landscaping proposed on the project site and Sheet L.05 for proposed tree disposition.

3.5 UTILITIES
The proposed project would connect to the existing six-inch sanitary sewer system and existing 15-inch storm drain system located in South Winchester Boulevard. Three new water line connections are proposed at the southwest corner of the project site for domestics, irrigation, and fire service water uses. These three, proposed water lines would connect to the existing 12-inch water line in South Winchester Boulevard. The proposed project would also connect to the existing power and gas lines.

3.6 DEMOLITION AND CONSTRUCTION ACTIVITIES
Project construction would include typical construction phases such as demolition, site preparation and grading, building construction, paving, and architectural coating.

During project construction, equipment anticipated to be used includes backhoes, dozers, pavers, concrete mixers, trucks, air compressors, saws, and hammers. Trucks providing deliveries and hauling would access the project site from South Winchester Boulevard. The entire 0.69-acre site would be disturbed. The proposed project includes the cut of 11,000 cubic yards of soil. No soil fill is proposed.

Demolition of the existing structures and construction of the proposed development would take approximately 24 months. The proposed project is expected to be operational by 2023.

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3.7 TRANSPORTATION DEMAND MANAGEMENT PLAN
The proposed project includes a Transportation Demand Management plan (TDM) (refer to Appendix I) to reduce overall vehicles trips generated by the project and support a parking reduction. The TDM plan includes the following recommended measures to reduce vehicle trips and parking demand:
 Bicycle parking;
 On-site bicycles for guest use;
 Guest Shuttle Services;
 On-site access to car-share vehicles for hotel employees and guests;  Free annual Santa Clara Valley Transportation Authority Smart Passes for employees;  Financial incentives for employees who bike or walk to work; and  On-site transportation demand management coordinator and services. 1212-1224 South Winchester Boulevard Hotel 23 Initial Study City of San José May 2021
SECTION 4.0 ENVIRONMENTAL CHECKLIST

4.1 AESTHETICS

4.1.1 Aesthetics Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Have a substantial adverse effect on a scenic
vista?
☐ ☐ ☒ ☐ 1,3,5,16,
17,48
b) Substantially damage scenic resources, including
but not limited to trees, rock outcroppings, and
historic buildings within a state scenic highway?
☐ ☐ ☒ ☐ 1,3,5,16,
17,47
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage points.) If the project
is in an urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?
☐ ☐ ☐ ☒ 1,2,3,5,
7,10,19,
20 d) Create a new source of substantial light or glare, which would adversely affect day or nighttime
views in the area?
☐ ☐ ☒ ☐ 1,2,3,4

4.1.2 Environmental Setting
The 0.69-acre project site is currently developed with two single-family homes (converted to commercial uses) totaling approximately 3,000 square feet, and associated parking areas and sheds.

The site is surrounded by residences to the north (single-story) and east (two-story), and commercial developments to the south (single-story) and west (two-story). Adjacent to the project site, South Winchester Boulevard has no sidewalk and very little landscaping.

The project site is located within the West Valley Planning Area and, therefore, is located within a primarily residential area that is suburban in character, with some very high-density residential development near the major roadway and corridors of Stevens Creek Boulevard, Saratoga Avenue, and Winchester Boulevard. Commercial development is concentrated along major roadway corridors in single-story strip commercial and larger shopping center developments with parking fronting roadways. Visual open space in this Planning Area is primarily provided by school sites and parks within residential areas. Distant mountain ranges are visible from South Winchester Boulevard, outside the project site, and facing south (Google Earth 2020). As most of the City is relatively flat, prominent viewpoints (other than buildings) are limited.

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4.1.3 Regulatory Setting
State
California Scenic Highway Program
Many state highways are located in areas of outstanding natural beauty. California's Scenic Highway Program was created by the Legislature in 1963. Its purpose is to protect and enhance the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. The state laws governing the Scenic Highway Program are found in the Streets and Highways Code, Sections 260 through 263. The nearest state highway listed on the California State Scenic Highway System Map is I-280 (considered an eligible state scenic highway), located approximately 0.93 miles north of the project site (Caltrans 2020).

Local
Envision San José 2040 General Plan
The General Plan includes Community Design Goals, Policies, and Implementation Actions that guide the form of future development in San José and help tie individual projects to the vision for the surrounding area and the city as a whole. The following policies are specific to aesthetic resources and apply to the proposed project:

Policy CD-1.1 Require the highest standards of architecture and site design, and apply strong design controls for all development projects, both public and private, for the enhancement and development of community character and for the proper transition between areas with different types of land uses.

Policy CD-1.7 Require developers to provide pedestrian amenities, such as trees, lighting, recycling and refuse containers, seating, awnings, art, or other amenities, in pedestrian areas along project frontages. When funding is available, install pedestrian amenities in public rights-of-ways.

Policy CD-1.8 Create an attractive street presence with pedestrian-scaled building and landscape elements that provide an engaging, safe, and diverse walking environment. Encourage compact, urban design, including use of smaller building footprints, to promote pedestrian activity throughout the City.

Policy CD-1.9 Give the greatest priority to developing high-quality pedestrian facilities in areas that will most promote transit use and bicycle and pedestrian activity. In pedestrian oriented areas such as Downtown, Urban Villages, or along Main Streets, place commercial and mixed-use building frontages at or near the street facing property line with entrances directly to the public sidewalk, provide high quality pedestrian facilities that promote pedestrian activity, including adequate sidewalk dimensions for both circulation and outdoor activities related to adjacent land uses, a continuous tree canopy, and other pedestrian amenities. In these areas, strongly discourage parking areas located between the front of buildings and the street to promote a safe and attractive street facade and pedestrian access to buildings.

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Policy CD-1.11 To create a more pleasing pedestrian-oriented environment, for new building frontages, include design elements with a human scale, varied and articulated facades using a variety of materials, and entries oriented to public sidewalks or pedestrian pathways. Provide windows or entries along sidewalks and pathways; avoid blank walls that do not enhance the pedestrian experience.

Encourage inviting, transparent facades for ground-floor commercial spaces that attract customers by revealing active uses and merchandise displays.

Policy CD-1.12 Use building design to reflect both the unique character of a specific site and the context of surrounding development and to support pedestrian movement throughout the building site by providing convenient means of entry from public streets and transit facilities where applicable, and by designing ground level building frontages to create an attractive pedestrian environment along building frontages.

Unless it is appropriate to the site and context, franchise-style architecture is strongly discouraged.

Policy CD-1.13 Use design review to encourage creative, high-quality, innovative, and distinctive architecture that helps to create unique, vibrant places that are both desirable urban places to live, work, and play and that lead to competitive advantages over other regions.

Policy CD-1.16 Strongly discourage gates and fences at the frontage of commercial properties to maintain an open and inviting commercial character and avoid the inhospitable appearance of security barriers.

Policy CD-1.17 Minimize the footprint and visibility of parking areas. Where parking areas are necessary, provide aesthetically pleasing and visually interesting parking garages with clearly identified pedestrian entrances and walkways.

Encourage designs that encapsulate parking facilities behind active building space or screen parked vehicles from view from the public realm. Ensure that garage lighting does not impact adjacent uses, and to the extent feasible, avoid impacts of headlights on adjacent land uses.

Policy CD-1.23 Further the Community Forest Goals and Policies in this Plan by requiring new development to plant and maintain trees at appropriate locations on private property and along public street frontages. Use trees to help soften the appearance of the built environment, help provide transitions between land uses, and shade pedestrian and bicycle areas.

In addition to applicable General Plan policies, the project would be required to comply with the following City policies and guidelines, as applicable:
 San José Outdoor Lighting Policy (City Council Policy 4-3, as revised 6/20/2000);  San José Residential Design Guidelines; and
 San José Commercial Design Guidelines.

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Winchester Boulevard Urban Village Plan
The following standards from the Urban Village Plan are applicable to the proposed project:

Standard DS-1 Primary pedestrian entrances for both ground floor and upper story uses shall face Winchester Boulevard.

Standard DS-2 Ground floor building frontages shall have clear, un-tinted glass or other glazing material on at least 60% of the surface area of the facade between a height of two and seven feet above grade.

Standard DS-5 The minimum floor-to-ceiling height of the ground floor commercial space shall be a minimum of 15 feet and preferably 18 to 20 feet.

Standard DS-12 New projects proposed within the Urban Village Plan over 55 feet in height must provide detailed visualizations of their proposed project that show what the project would look like from the street level, from different perspectives and distances, within the context of the neighborhood including both current and proposed projects.

Scenic Vistas and Resources
The General Plan defines scenic vistas and resources in the City as views of and from the Santa Clara Valley, surrounding hillsides, and urban skyline. Scenic vistas of the natural and man-made environment can be viewed from roadways and freeways and public trails throughout the City. Most of these views are intermittent, interrupted by street trees, tall buildings (especially those built close the roadways) and utility infrastructure. Development and redevelopment allowed under the General Plan, especially along segments of major roadways that are either elevated, or are immediately adjacent to hillside areas could affect views of natural scenic vistas of hillside areas; although this is not the case for the proposed project. Key roadways with views of hillside areas include: SR 237, Tasman Drive, Montague Expressway, Stevens Creek Boulevard, Santa Clara/Alum Rock, Story Road, I-280, Capitol Expressway, SR 87, SR 85, and portions of US 101.

Scenic Corridors
Scenic urban corridors, such as segments of major highways that provide gateways into the City, can also be defined as scenic resources by the City. The designation of a scenic route applies to routes affording especially aesthetically pleasing views. The project site is not located within the vicinity of any scenic corridor identified on the City’s Scenic Corridors Diagram.

4.1.4 Impact Discussion
a) Would the project have a substantial adverse effect on a scenic vista? (Less than Significant)
The project site is currently developed and is located in a highly urbanized area. The General Plan defines scenic vistas and resources as views of and from the Santa Clara Valley, Section 4.0 Environmental Checklist
1212-1224 South Winchester Boulevard Hotel 27 Initial Study City of San José May 2021
surrounding hillsides, and urban skyline. The project site is not located within designated viewsheds or view corridors identified in either the General Plan or the City’s Scenic Corridors Diagram nor are there any scenic vistas observable from the project vicinity due to existing obstructing topography and buildings. Therefore, the proposed project would not have a substantial adverse effect on a scenic vista.
b) Would the project substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Less than Significant)
The proposed project would not be located adjacent to a state-designated scenic highway and would not impact historic buildings within a state scenic highway. Based on the City’s Historic Preservation Officer determining that a historic report is not required for the structures on the project site, the buildings on-site are not considered historic resources. Refer to Section 4.5, Cultural Resources for further discussion on historic resources. The project area is developed, and no natural scenic resources such as rock outcroppings are present on the site or in the project area. Trees can be considered scenic resources. The project proposes to remove nine (9) existing trees onsite. The project proposes to plant new trees to offset the aesthetic impacts resulting from the removal of the existing trees. For these reasons, the project would not result in a significant impact to scenic resources
c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
(No Impact)
The project site is designated by the General Plan as Neighborhood/Community Commercial and is located within a City growth area Urban Village Plan. The Urban Village Plan identifies the project site as a location intended to accommodate a mix of commercial and residential uses. Due to its location within this plan, the project site is subject to compliance with the Urban Village Plan development standards and design guidelines.

The proposed project complies with Urban Village Plan Standard DS-1, which states that primary pedestrian entrances for both ground floor and upper-story uses shall face Winchester Boulevard, and with Standard DS-2, which states that ground floor building frontages shall have clear, un-tinted glass or other glazing material on at least 60 percent of the surface area of the facade between a height of two and seven feet above grade (refer to Sheets A.24 and A.25 of the project plans). Urban Village Plan Standards DS-5 requires a minimum floor-to-ceiling height of the ground floor commercial space to be 15 feet, which the project meets (refer to Sheet A.16). Urban Village Plan Figures 5-1 and 5-2 show the urban design framework and the height restriction, respectively, designated for the project site. The project site meets each of the requirements designated for the project site as it is proposed for only commercial use (as Section 4.0 Environmental Checklist
1212-1224 South Winchester Boulevard Hotel 28 Initial Study City of San José May 2021
designated in Figure 5-1) and within the height restriction of 65 feet (as identified in Figure 5-2). The proposed project also conforms to the transitional height standards required for projects adjacent to residential development (see Figure 5-3 of the Urban Village Plan).

Moreover, the proposed project is compliant with Urban Village Plan Standard DS-12, which requires that new projects over 55 feet in height must provide detailed visualizations that show what the project would look like from the street level, from different perspectives and distances, within the context of the neighborhood; the project plan’s Sheets A.21 through A.27 illustrate compliance with this standard, refer to Figures 5 and 6 presented earlier and Figure 7, Street Views of the Project, and Figure 8, Street Views of the Project (continued).

Design standards for streetscape, architectural improvements, and landscaping are found throughout the Urban Village Plan. The project is subject to compliance with these standards and performance measures. Site-specific details for project materials are identified in the project plans (Sheet A.17 through Sheet A.21) and include materials such as stucco white sand for the exterior walls, wood as the walls of the side and front-facing facades, and architectural glazing throughout the proposed exterior walls. Onsite landscaping is presented on Sheets L.01 through L.04 of the project plans, with the tree disposition presented on Sheet L.05. Street improvements are identified in the Grading, Drainage, and Utility Plan (Sheet C3.0 of the project plans). Review of the project plans indicates the proposed project complies with minimum requirements for height, placement of parking areas, bicycle parking, and pedestrian access. The proposed project also conforms to the setback for sidewalks fronting Winchester Boulevard, which must be 20 feet; the proposed project provides 26 feet.

The proposed project would not conflict with the policies identified in the General Plan that govern scenic quality and is consistent with the policies and standards set forth in the Urban Village plan related to aesthetics in new development.

In addition, the proposed project would be required to comply with the zoning standards identified for the project site. The project site is currently within the Single-Family Residence Zoning District (R-1-8) and is proposed for rezone to the Commercial Pedestrian (CP) Zoning District (C19-031) to conform to the General Plan land use designation of the site. Section

20.40.560, of the Commercial Pedestrian Zoning District, requires screening, such as a fence or treescape, at a property line that abuts residential uses. The proposed project includes a sixfoot high wood fence located along the boundary of the project site, in addition to treescape along the eastern border, due to that adjacent residential uses. The proposed project also complies with the height restrictions of the zoning district, which Section 20.40.200 states is the height established within an approved Urban Village Plan (i.e. 65 feet pursuant to the Winchester Boulevard Urban Village Plan). Section 20.40.540 discusses lighting adjacent to residential properties requiring that projects shield light and ensure that light is reflected away from adjacent residential uses; the project would be required to comply with this zoning requirement in order to ensure no impacts would occur.

The proposed project would not conflict with applicable zoning and other regulations governing scenic quality, such as the General Plan policies, the Urban Village Plan’s standards, and the Commercial Pedestrian zoning requirements; therefore, there is no impact.

Project Site Source: Carpira Design Group 2021
Figure 7
1212-1224 South Winchester Boulevard Hotel Initial Study Street Views of the Project
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Project Site Source: Carpira Design Group 2021
Figure 8
1212-1224 South Winchester Boulevard Hotel Initial Study Street Views of the Project (continued)
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d) Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
(Less Than Significant)
The project site is currently developed with two buildings. Therefore, the project site, in its current condition, produces sources of light and possibly glare. In addition, existing sources of light in the vicinity of the project site are primarily from adjacent residences and commercial sites, streetlights, and headlights of vehicular traffic on South Winchester Boulevard.

The proposed project would introduce new sources of light and glare to the project site as the proposed project includes security lights and other nighttime lights. The proposed project would also be required to comply with the City’s adopted Lighting Policy 4-2 and Private Outdoor Lighting Policy 4-3 to control the amount and color of light shining on streets and sidewalks reducing impacts to a less-than-significant level. All outdoor lighting would be shielded to direct light downwards to ensure that lighting does not spill over onto nearby residential properties, consistent with the City’s regulations.

The proposed project would comply with applicable policies set forth to reduce impacts related to light and glare generated by new development. Therefore, the proposed project’s impacts on day and nighttime views would be less than significant and no mitigation is required.

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4.2 AGRICULTURAL RESOURCES

4.2.1 Agricultural Resources Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to
nonagricultural use?
☐ ☐ ☐ ☒ 1,2,3,5,
6 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☐ ☒ 1,2,3,5,
6 c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland (as
defined by Public Resources Code section 4526),
or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
☐ ☐ ☐ ☒ 1,2,3,5,
6 d) Result in the loss of forest land or conversion of forest land to non-forest use?
☐ ☐ ☐ ☒ 1,2,3,5,
6 e) Involve other changes in the existing environment
which, due to their location or nature, could result
in conversion of Farmland to nonagricultural use
or conversion of forest land to non-forest use?
☐ ☐ ☐ ☒ 1,2,3,5,
6 4.2.2 Environmental Setting
The project site is currently developed with two buildings, associated parking areas and sheds, and is located in an urbanized area of the City surrounded by development that includes residential and commercial uses and roadways. The project site is proposed for a rezoning from the R-1-8 SingleFamily Residence Zoning District to the CP Commercial Pedestrian Zoning District to be consistent with the General Plan land use designation of the site, which is designated Neighborhood/Community Commercial.

The California Department of Conservation manages the Farmland Mapping and Monitoring Program to assess and record how suitable a particular tract of land is for agricultural purposes. In each county, the land is analyzed for soil and irrigation quality and the highest quality land is designated as Prime Farmland. The project site and its vicinity are identified as Urban and Built-Up Land (California Department of Conservation 2020).

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4.2.3 Regulatory Setting
State
The California Farmland Mapping and Monitoring Program produces maps and statistical data for analyzing impacts on California’s agricultural resources. Agricultural land is rated according to soil quality and irrigation status, and the best quality land is categorized as Prime Farmland.

The California Land Conservation Act of 1965 (Williamson Act) enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use.

Local
Envision San José 2040 General Plan
The General Plan includes Land Use Goals, Policies, and Implementation Actions that guide the form of future development in the City and help tie individual projects to the vision for the surrounding area and City as a whole. The following policies are specific to agriculture and forest resources and apply to the proposed project:

Policy LU-12.3 Protect and preserve the remaining farmlands within San José’s sphere of influence that are not planned for urbanization in the timeframe of the Envision General Plan through the following means:
 Limit residential uses in agricultural areas to those which are incidental to agriculture.
 Restrict and discourage subdivision of agricultural lands.  Encourage contractual protection for agricultural lands, such as Williamson Act contracts, agricultural conservation easements, and transfers of development rights.
 Prohibit land uses within or adjacent to agricultural lands that would compromise the viability of these lands for agricultural uses.  Strictly maintain the Urban Growth Boundary in accordance with other goals and policies in this Plan.

4.2.4 Impact Discussion
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?
(No Impact)
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The project site is within a highly urbanized area and is designated as Urban and Built-up Land by the California Department of Conservation’s California Important Farmland Finder (California Department of Conservation 2020).
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
(No Impact)
The project site is proposed for a conforming zoning from Single-Family Residence Zoning District (R-1-8) to the CP Commercial Pedestrian Zoning District to be consistent with the General Plan land use designation of the site. Therefore, neither the existing zoning of the site nor the proposed zoning for the site is for agricultural use. Further, according to the City’s Public GIS Viewer, the project site is not zoned in a Williamson Act contract. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
(No Impact)
The project site is currently developed with two buildings and is proposed for rezoning from Single-Family Residential (R-1-8) Zoning District to CP Commercial Pedestrian Zoning District. Accordingly, there are no identified timberland production zones or forest land on the project site. Therefore, the project would not conflict with zoning for forest land or timberland production.
d) Would the project result in the loss of forest land or conversion of forest land to nonforest use? (No Impact)
The project site is currently developed with two buildings and is proposed for commercial development. Therefore, the proposed project would not result in the loss of forest land or conversion of forest land to non-forest use.
e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use?
(No Impact)
The project is in an urbanized area and, therefore, the project would not involve changes that would result in the conversation of farmland to non-agricultural use.

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4.3 AIR QUALITY

4.3.1 Air Quality Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
☐ ☒ ☐ ☐ 1, 30,
31, 32,
33 b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is nonattainment under an applicable
federal or state ambient air quality standard?
☐ ☐ ☒ ☐ 1, 2, 31,
32 c) Expose sensitive receptors to substantial pollutant concentrations?
☐ ☒ ☐ ☐ 33
d) Result in other emissions (such as those leading
to odors adversely affecting a substantial number
of people)?
☐ ☐ ☒ ☐ 1

4.3.2 Environmental Setting
Regional Climate
The City of San José, including the project site, is located within the boundaries of the San Francisco Bay Area Air Basin (air basin). The air basin encompasses all of Alameda, Contra Costa, Santa Clara, San Francisco, San Mateo, Marin and Napa counties, and the southern portions of Solano and Sonoma counties. The air basin is characterized by complex terrain, consisting of coastal mountain ranges, inland valleys, and bays, which distort normal wind flow patterns. The climate in the air basin is dominated by the strength and location of a semi-permanent, subtropical high-pressure cell. During the summer, the Pacific high-pressure cell is centered over the northeastern Pacific Ocean resulting in stable meteorological conditions and a steady northwesterly wind flow. In the winter, the Pacific high-pressure cell weakens and shifts southward resulting in wind flow offshore, the absence of upwelling, and the occurrence of storms. Weak inversions coupled with moderate winds result in a low air pollution potential.

The Santa Clara Valley is bounded by the San Francisco Bay to the north and by mountains to the east, south and west. Temperatures are warm on summer days and cool on summer nights, and winter temperatures are fairly mild. A northwesterly sea breeze flows through the valley during the afternoon, and a light southeasterly drainage flow occurs during the evening and early morning.

Wind speeds are greatest in the spring and summer and weakest in the fall and winter. Nighttime and early morning hours frequently have calm winds in all seasons, while summer afternoons and evenings are quite breezy. Strong winds are rare, associated mostly with the occasional winter storm.

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Criteria Air Pollutants
The six most common and widespread air pollutants of concern, or “criteria pollutants,” are groundlevel ozone, nitrogen dioxide, particulate matter, carbon monoxide, sulfur dioxide, and lead. In addition, reactive organic gases are a key contributor to the criteria air pollutants because they react with other substances to form ground-level ozone. Health effects of criteria air pollutants include asthma, bronchitis, chest pain, coughing, and heart diseases.

Toxic Air Contaminants
Toxic air contaminants (TACs) are pollutants that may be expected to result in an increase in mortality or serious illness or may pose a present or potential hazard to human health. Health effects include cancer, birth defects, neurological damage, damage to the body's natural defense system, and diseases that lead to death. TACs are found in ambient air, especially in urban areas, and are caused by industry, agriculture, fuel combustion, and commercial operations (e.g., dry cleaners).

Diesel exhaust is the predominant TAC in urban air and is estimated to represent about two-thirds of the cancer risk from TACs.

Sensitive Receptors
Although air pollution can affect all segments of the population, certain groups are more susceptible to its adverse effects than others. Children, the elderly, and the chronically or acutely ill are the most sensitive population groups. These sensitive receptors are commonly associated with specific land uses such as residential areas, schools, retirement homes, and hospitals. In addition, certain air pollutants, such as carbon monoxide, only have significant effects if they directly affect a sensitive population.

The closest sensitive receptors to the project site are residents adjacent to the northern and eastern project site boundaries and the senior nursing home adjacent to the southern project site boundary (Illingworth and Rodkin 2020). There are more sensitive receptors at farther distances, such as Monroe Middle School located approximately 0.45 miles northeast of the site. In addition, there are students at Castlemont Elementary School (3 years and older), which is located approximately 0.13 miles southeast of the project site opposite Payne Avenue. This project would not introduce new sensitive receptors (i.e., residents) to the area.

4.3.3 Regulatory Setting
Federal
United States Environmental Protection Agency/Federal Clean Air Act At the federal level, the United States Environmental Protection Agency (EPA) is responsible for overseeing implementation of the Clean Air Act and its subsequent amendments. The federal Clean Air Act required the EPA to set National Ambient Air Quality Standards for several air pollutants on the basis of human health and welfare criteria. The Clean Air Act established two types of national air standards: primary and secondary standards. Primary standards set limits to protect Section 4.0 Environmental Checklist
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public health, including the health of sensitive persons such as asthmatics, children, and the elderly.

Secondary standards set limits to protect public welfare, including protection against decreased visibility, damage to animals, crops, vegetation, and buildings.

State
California Air Resources Board
The California Air Resources Board (CARB) is a state agency responsible for coordination and oversight of federal, state, and local air pollution control programs in California and for implementing the requirements of the federal Clean Air Act and California Clean Air Act. CARB oversees regional or local air quality management or air pollution control districts that are charged with developing attainment plans for the areas over which they have jurisdiction. CARB grants these regional or local air districts the explicit statutory authority to adopt indirect source regulations, including implementation of Best Available Control Technology, and transportation control measures, including ridesharing or flexible work hours.

Regional
Bay Area Air Quality Management District
The Bay Area Air Quality Management District (BAAQMD) is the agency with the primary responsibility for assuring that national and state ambient air quality standards are attained and maintained in the air basin. Depending on whether or not the standards are met or exceeded, the air basin is classified as being in “attainment” or “nonattainment.” Table 3, San Francisco Bay Area Air Basin Attainment Status, identifies the current attainment status within the air basin for each criteria pollutant.

Table 3 San Francisco Bay Area Air Basin Attainment Status Criteria Air Pollutants State Standards National Standards Ozone Non-attainment Non-attainment
Respirable Particulate Matter Non-attainment Unclassified Fine Particulate Matter Non-attainment Non-attainment
Carbon Monoxide Attainment Attainment
Nitrogen Dioxide Attainment Unclassified/Attainment
Sulfur Dioxide Attainment Unclassified/Attainment
Lead - Attainment
SOURCE: Bay Area Air Quality Management District 2017a
The BAAQMD is charged with regulatory authority over stationary sources of air emissions, monitoring air quality within the air basin, providing guidelines for analysis of air quality impacts pursuant to CEQA, and preparing an air quality management plan to maintain or improve air quality in the air basin. The BAAQMD’s 2017 CEQA Air Quality Guidelines (2017 CEQA Guidelines) Section 4.0 Environmental Checklist
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contain instructions on how to evaluate, measure, and mitigate air quality impacts generated from land development construction and operation activities. The BAAQMD has adopted several plans in an attempt to achieve state and federal air quality standards. The BAAQMD’s currently adopted plan is the 2017 Clean Air Plan: Spare the Air, Cool the Climate (2017 CAP). The 2017 CAP defines an integrated, multi-pollutant control strategy to reduce emissions of particulate matter, TACs, ozone precursors and greenhouse gases.

Local
Envision San José 2040 General Plan
The General Plan includes the following air quality-related policies that are applicable to the proposed project:

Policy MS-10.1 Assess projected air emissions from new development in conformance with the air district CEQA Guidelines and relative to state and federal standards. Identify and implement feasible air emission reduction measures.

Policy MS-10.2 Consider the cumulative air quality impacts from propose developments for proposed land use designation changes and new development, consistent with the region’s Clean Air Plan and state law.

Policy MS-10.7 In order to reduce vehicle miles traveled and traffic congestion, require new development within 2,000 feet of an existing or planned transit station to encourage the use of public transit and minimize the dependence on the automobile through the application of site design guidelines and transit incentives.

Policy MS-11.1 Require completion of air quality modeling for sensitive land uses such as new residential developments that are located near sources of pollution such as freeways and industrial uses. Require new residential development projects and projects categorized as sensitive receptors to incorporate effective mitigation into project designs or be located an adequate distance from sources of toxic air contaminants (TACs) to avoid significant risks to health and safety.

Policy MS-11.2 For projects that emit toxic air contaminants, require project proponents to prepare health risk assessments in accordance with air districtrecommended procedures as part of environmental review and employ effective mitigation to reduce possible health risks to a less than significant level.

Alternatively, require new projects (such as, but not limited to, industrial, manufacturing, and processing facilities) that are sources of TACs to be located an adequate distance from residential areas and other sensitive receptors.

Policy MS-11.7 Consult with air district to identify stationary and mobile TAC sources and determine the need for and requirements of a health risk assessment for proposed developments.

Policy MS-13.1 Include dust, particulate matter, and construction equipment exhaust control measures as conditions of approval for subdivision maps, site development and planned development permits, grading permits, and demolition permits. At minimum, conditions shall conform to construction mitigation measures recommended in the current air district CEQA Guidelines for the relevant project size and type.

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Policy MS-13.2 Construction and/or demolition projects that have the potential to disturb asbestos (from soil or building material) shall comply with all the requirements of the California Air Resources Board’s air toxics control measures (ATCMs) for Construction, Grading, Quarrying, and Surface Mining Operations.

4.3.4 Impact Discussion
This section is based upon the 1212-1224 South Winchester Boulevard Hotel – Criteria Air Pollutant and GHG Emissions Modeling Assessment completed by EMC Planning Group on August 14, 2020 and the Winchester Hotel Community Risk Assessment prepared by Illingworth and Rodkin on August 28, 2020.
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
(Less than Significant with Mitigation)
The primary goals of the 2017 Clean Air Plan are to attain air quality standards; to reduce population exposure to pollutants and protect public health in the Bay Area; and to reduce greenhouse gas (GHG) emissions and protect the climate. This is considered to have been accomplished if there are no project-level significant impacts, or if significant impacts are mitigated to a less-than-significant level. The proposed project would generate criteria air pollutant and toxic air contaminant emissions, but not to the extent that significant impacts would occur. Therefore, the proposed project, as mitigated, does not result in significant air quality impacts, and therefore, supports the primary goals of the 2017 Clean Air Plan.

Most of the 81 control measures in the 2017 Clean Air Plan are applicable to industrial stationary sources, or are implemented at a regional level, and not applicable to the proposed project. Control measures potentially applicable to the proposed project are included below in Table 4, Potentially Applicable Control Measures (2017 Clean Air Plan) along with a brief consistency analysis to determine how the project either is or is not consistent with the measure.

During its construction and operation, the proposed project would not generate criteria air pollutant emissions that exceed the BAAQMD thresholds (see the discussion in checklist question b) below). Further, the proposed project’s impact on health risks standards would be less than significant with implementation of Mitigation Measures AQ-1 and standard permit conditions (see the discussion in checklist question c) below). Therefore, the proposed project would not conflict with or obstruct the implementation of the 2017 CAP.

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Table 4 Potentially Applicable Control Measures (2017 Clean Air Plan) Control Measure Number and Name Consistency Analysis
SS36 – Particulate Matter from Trackout The proposed project shall implement dust control measures, which are standard conditions of approval for the City. Implementation of this standard condition will address mud and dirt that could be “tracked out” from the project construction site.

SS38 – Fugitive Dust See above regarding implementation of the City’s standard condition of approval regarding dust control measures.

TR2 – Trip Reduction Programs The proposed project’s transportation demand management plan identifies the use of free shuttles to hotel guests, onsite car-share programs for hotel guests, onsite paid parking for hotel guests, free VTA smart passes for the hotel employees, and financial incentives for biking or walking to work for employees to ensure trip reductions from the project.

TR8 – Ridesharing and Last-Mile Connections See TR2 response. The project’s transportation demand management plan includes the use of onsite car-share programs for hotel guests.

TR9 – Bicycle and Pedestrian Access and
Facilities
See TR2 response. The implementation of the project’s transportation demand management plan recommendations would reduce the VMT generated by the project by supporting bicycle usage.

BL1 – Green Buildings The proposed project would be constructed in accordance with the California Building Code’s Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations, Title 24, Part 6).

NW2 – Urban Tree Planting Landscaping plans for the proposed project show 48 new trees of various species to be planted onsite. Additional screen shrubs and groundcover are also proposed throughout the project site.

SOURCE: BAAQMD 2017 (Tables 5-1 through 5-10)
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
(Less than Significant)
The City of San José use the thresholds of significance established by BAAQMD. BAAQMD has developed thresholds of significance that are used to determine whether or not the proposed project would result in a cumulatively considerable net increase of criteria air pollutants during operations and/or construction. The thresholds of significance for determining air quality impacts are contained in the 2017 CEQA Guidelines and are presented in Table 5, Thresholds of Significance for Criteria Air Pollutants.

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Table 5 Thresholds of Significance for Criteria Air Pollutants Criteria Air Pollutants Construction Thresholds Operational Thresholds Average Daily Emissions
(lb/day)
Average Daily
Emissions (lb/day)
Annual Emissions
(tons/year)
Reactive Organic Gases (ROG) 54 54 10
Nitrogen Oxides (NOX) 54 54 10
Respirable Particulate Matter (PM10) 82 (exhaust)1 82 15 Fine Particulate Matter (PM2.5) 54 (exhaust)1 54 10
SOURCE: Bay Area Air Quality Management District 2017b
NOTE: The thresholds of significance for particulate matter emissions from project construction apply to exhaust emissions only. The BAAQMD recommends implementation of best management practices to reduce fugitive dust emissions.

Operational Emissions
Operation of the proposed project would result in new mobile, area, and energy source criteria air pollutant emissions. The criteria air pollutant emissions generated during operation of the proposed project were estimated using the California Emissions Estimator Model (CalEEMod) version 2016.3.2.

These modifications are explained in greater detail in the memorandum of CalEEMod modeling assumptions and methodology: 1212-1224 South Winchester Boulevard Hotel – Criteria Air Pollutant and GHG Emissions Modeling Assessment and model results and (Appendix B). The unmitigated operational emissions from buildout of the proposed project are summarized and reviewed against the BAAQMD thresholds in Table 6, Unmitigated Operational Criteria Air Pollutant Emissions.

Table 6 Unmitigated Operational Criteria Air Pollutant Emissions Emissions ROG NOX PM10 PM2.5
Project Total Annual Emissions (tons/year)1 0.71 1.48 1.05 0.30 BAAQMD Threshold (tons/year) 10 10 15 10
Exceeds Annual Threshold? No No No No
Project Average Daily Emissions (pounds/day)1,2 3.89 8.11 5.75 1.64 BAAQMD Threshold (pounds per day) 54 54 82 54
Exceeds Daily Threshold? No No No No
SOURCE: EMC Planning Group 2020
NOTES:

1. Results may vary due to rounding.

2. CalEEMod estimates operational criteria air pollutant emissions in tons per year. A U.S. ton is equal to 2,000 pounds. The emissions estimates in ton per year are multiped by 2,000 pounds to arrive at emissions volume in pounds per year. Average daily emissions (in pounds per day) are computed by dividing the annual operational emissions (in pounds per year) by the number of operational days (conservatively assuming 365 days of operation).

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As su\mmarized in Table 6, the proposed project would generate operational criteria air pollutant emissions that do not exceed the BAAQMD thresholds, resulting in a less-thansignificant impact to regional air quality; the project’s contribution of operational criteria air pollutant emissions to regional air quality conditions are less than cumulatively considerable.

Construction Emissions
Construction emissions include mobile source exhaust emissions, emissions generated during the application of asphalt paving material and architectural coatings, as well as emissions of fugitive dust during demolition and grading. The criteria air pollutants generated during construction of the proposed project were estimated using CalEEMod. Refer to Appendix B for detailed results.

Table 7, Unmitigated Construction Criteria Air Pollutant Emissions below, summarizes unmitigated criteria air pollutant emissions resulting from project construction and compares them against the BAAQMD thresholds (refer to Table 5, Thresholds of Significance for Criteria Air Pollutants).

Table 7 Unmitigated Construction Criteria Air Pollutant Emissions Emissions1 ROG NOX PM102 PM2.52
Total Annual Emissions (tons/year)3 0.69 3.71 0.41 0.2081 Average Daily Emissions (pounds/day)3,4 4.31 23.19 2.58 1.30 BAAQMD Threshold (average daily emissions
in pounds/day)
54 54 82 54
Exceeds Daily Threshold? No No No No
SOURCE: EMC Planning Group 2020
NOTES:

1. CalEEmod results reflect building demolition export (23,828 sf) and truck trips (108).

2. Total PM emissions include fugitive dust and exhaust PM.

3. Results may vary due to rounding.

4. CalEEMod estimates construction criteria air pollutant emissions in tons per year. A U.S. ton is equal to 2,000 pounds. The emissions estimates in ton per year are multiped by 2,000 pounds to arrive at emissions volume in pounds per year. CalEEMod estimates a total of 320 construction days (see Section 3.0 of the CalEEMod results in Appendix B). Average daily emissions (in pounds per day) are computed by dividing the annual construction emissions (in pounds per year) by the number of construction days.

As summarized in Table 7, construction of the proposed project would not result in criteria air emissions that exceed the BAAQMD thresholds.

BAAQMD determined that a significant air quality impact would occur if a project does not incorporate measures to control fugitive dust emissions during construction. In compliance with General Plan Policy MS-13.1, the project would implement the BAAQMD best management practices during all phases of construction and ground disturbance.

Implementation of these measures, recommended by BAAQMD and listed below as Standard Permit Conditions would further minimize the less than significant impacts associated with the grading and construction activities.

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Standard Permit Conditions
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off 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 [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign shall be posted at the site with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

As discussed above, the operational and construction impacts would not exceed BAAQMD thresholds of significance and implementation of the Standard Permit Conditions above for fugitive dust control would result in a less than significant air quality impact. The contribution of the project’s construction criteria pollutant emissions to regional air quality conditions is less than cumulatively considerable.
c) Would the project expose sensitive receptors to substantial pollutant concentrations? (Less than Significant with Mitigation Incorporated)
Construction equipment and associated heavy-duty truck traffic generates diesel exhaust and fugitive dust (PM2.5) that poses health risks for sensitive receptors. Diesel Particulate Matter (DPM), which is a known toxic air contaminant (TAC), is a component of diesel exhaust.

Illingworth & Rodkin prepared a community risk assessment (2020) to address project construction community impacts on the surrounding off-site sensitive receptors. The impact of existing sources of TACs on existing sensitive receptors was also addressed. The community risk assessment is included as Appendix C.

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Construction Community Risks
The primary community risk impact issues associated with construction emissions are cancer risk and exposure to PM2.5. Community risk impacts were addressed by predicting increased lifetime cancer risk, the increase in annual PM2.5 concentrations, and computing the Hazard Index (HI) for non-cancer health risks.

CalEEMod was used to estimate PM10 exhaust emissions (assumed to be DPM) and PM2.5 fugitive emissions from construction activities. The EPA AERMOD dispersion model was used to predict concentrations of DPM and PM2.5 concentrations at sensitive receptors in the vicinity of the project site. The closest sensitive receptors to the project site are single-family homes adjacent to the northern and eastern project site boundaries (approximately 15 feet and approximately 70 feet, respectively, to the site) and the senior nursing home adjacent to the southern project site boundary, approximately 27 feet to the site. There are more sensitive receptors at farther distances. In addition, there are students at Castlemont Elementary School (3 years and older) located southeast of the project site opposite Payne Avenue, approximately

0.13 miles from the site. The maximum increased cancer risks were calculated using the modeled TAC concentrations combined with the Office of Environmental Health Hazard Assessment guidance for age sensitivity factors and exposure parameters as recommended by the BAAQMD.

The maximum-modeled annual DPM and PM2.5 concentrations, were used to identify the maximally exposed individuals (MEIs). The community risk assessment indicated that the construction residential MEI was located at the single-family home, situated approximately 65 feet east of the project site. The maximum increased cancer risks would exceed the BAAQMD significance threshold of 10 in one million and the maximum PM2.5 concentrations would exceed the BAAQMD significance threshold of 0.3 μg/m3
(Illingworth and Rodkin 2020,
Table 2). Additional modeling was conducted to determine the health risks associated with project construction activities at the nearby senior nursing home (approximately 27 feet south of the site) and elementary school (approximately 0.13 miles southeast of the site). The health risks at the nearby senior nursing home and elementary school were found not to exceed the BAAQMD’s single-source significance thresholds (Illingworth and Rodkin 2020, Table 2).

Impact AQ-1: Construction activities associated with the project indicate that the maximum cancer risk from project construction is 33.1 cases per one million, which exceeds the BAAQMD threshold of 10 in one million.

Implementation of Mitigation Measure AQ-1 would reduce the health risks to a less-thansignificant level. The maximum cancer risk from project construction, assuming infant exposure, would be reduced from 33.1 cases per million to 3.7 cases per million. The maximum annual PM2.5 concentration would be reduced from 1.46 μg/m3 to 0.29 μg/m3, and
the HI would be reduced from 0.04 to less than 0.01.

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Mitigation Measure
AQ-1 Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operation plan to the Director of Planning, Building and Code Enforcement or Director’s designee, demonstrating that the off-road equipment used for construction of the project would achieve a fleet-wide average of at least 70 percent reduction in particulate matter exhaust emissions.

All mobile diesel-powered off-road equipment operating on-site for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 4 engines or equivalent.

Prior to the issuance of any demolition permits, the project applicant shall submit a construction operations plan to the Supervising Planner of the Environmental Review Division of the Department of Planning, Building and Code Enforcement, which includes specifications of the equipment to be used during construction and confirmation this requirement is met.

The construction contractor may use other measures to minimize construction period Diesel Particulate Matter (DPM) emissions to reduce the estimated cancer risk below the thresholds. The use of equipment that includes CARB-certified Level 4 Diesel Particulate Filters or alternatively-fueled equipment (i.e., non-diesel), added exhaust devices, or a combination of these measures could meet this requirement. If any of these alternative measures are proposed, the construction operations plans must include specifications of the equipment to be used during construction prior to the issuance of any demolition permits. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure.

Implementation of Mitigation Measure AQ-1 and the Standard Permit Conditions listed in section b) above would reduce significant impacts associated with exposure of sensitive receptors to TACs during construction by requiring that the project contractor implement best management practices to reduce emissions of dust and exhaust and implement a plan to reduce construction particulate matter exhaust emissions by at least 70 percent, subject to review and approval of the Director’s Designee. The Standard Permit Condition and Mitigation Measure would need to be satisfied prior to issuance of grading permits and during all construction activities.

Cumulative Community Risks
Community health risk assessments typically look at all substantial sources of TACs that can affect sensitive receptors that are located within 1,000 feet of a project site (i.e., influence area). These sources include rail lines, highways, busy surface streets, and stationary sources identified by the air district.

A review of the project influence area indicates that traffic on South Winchester Boulevard would exceed an average daily traffic of 10,000 vehicles. Other nearby streets are assumed to Section 4.0 Environmental Checklist
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have less than 10,000 vehicles per day. The proposed project would contribute traffic to South Winchester Boulevard. A refined analysis of potential health impacts from vehicle traffic on South Winchester Boulevard was conducted. The refined analysis involved predicting emissions for the traffic volume and mix of vehicle types on the roadway near the project site and using an atmospheric dispersion model to predict exposure to TACs. The associated cancer risks are then computed based on the modeled exposures.

A review of the air district’s Permitted Stationary Sources 2018 geographic information systems map tool identified one stationary source with the potential to affect the MEI. This mapping tool identifies the location of nearby stationary sources and their estimated risk and hazard impacts. The source identified using this tool was a gas dispensing facility. A stationary source information request was not submitted to the air district since screening risk values for the gas dispensing facility were available on the mapping tool website.

Table 3 of the community risk assessment (Appendix C, page 13) reports both the project and cumulative community risk impacts at the sensitive receptor most affected by construction (i.e., the construction MEI). Without mitigation, the project would have an exceedance with respect to community risk caused by project construction activities, since the maximum increased cancer risk and maximum annual PM2.5 concentration exceed their single-source thresholds. The combined unmitigated annual PM2.5 concentration would also exceed the air district cumulative-source thresholds. However, with the implementation of Mitigation Measure AQ-1 the project’s risks would be lowered to levels below the single-source thresholds, and the cumulative risks would no longer exceed the cumulative threshold. d) Would the project result in other emissions (such as those leading to odors adversely affecting a substantial number of people)?
(Less than Significant)
The proposed project is a hotel and would not result in any objectionable odors during the operational phase. Therefore, there would be no impacts from nuisance odors on adjacent residential receptors during operations. During project construction, there may be nuisance diesel odors associated with operation of diesel construction equipment on-site, but this effect would be localized, sporadic, and short-term in nature. Therefore, temporary impacts from nuisance diesel odors on adjacent residential receptors would be less than significant.

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4.4 BIOLOGICAL RESOURCES

4.4.1 Biological Resources Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
regulations, or by the California Department of
Fish and Wildlife or US Fish and Wildlife
Service?
☐ ☒ ☐ ☐ 1,3,8
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, or
regulations, or by the California Department of
Fish and Wildlife or US Fish and Wildlife
Service?
☐ ☐ ☐ ☒ 1,12
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.),
through direct removal, filing, hydrological
interruption, or other means?
☐ ☐ ☐ ☒ 1,5
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
☐ ☐ ☐ ☒ 1,5
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
☐ ☐ ☐ ☒ 1,3,4,5,
17,56
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
☐ ☐ ☐ ☒ 1,3,8,51

4.4.2 Environmental Setting
The project site is developed with two buildings and associated paved parking, and has 18 existing trees with additional ornamental landscaping present throughout the site. According to the Santa Clara Valley Habitat Plan, 147 special-status species that occur or have the potential to occur in the Plan’s study area. However, due to the disturbed/developed nature of the project site and because it is surrounded in all directions by densely developed properties, it has very low habitat value and is not expected to support special-status species, other than nesting birds. There are no wetlands or Section 4.0 Environmental Checklist
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riparian areas onsite; the nearest riparian habitats are the Los Gatos Creek located approximately one mile southeast of the project site, and the San Tomas Aquino Creek, located approximately 0.8- mile west of the project site.

4.4.3 Regulatory Setting
Federal and State
Migratory Bird Treaty Act
The federal Migratory Bird Treaty Act of 1989 prohibits killing, possessing, or trading in migratory birds, except in accordance with regulations prescribed by the Secretary of the Interior. This Act encompasses whole birds, parts of birds, bird nests, and eggs of over 800 native birds, including many common species.

California Endangered Species Act
Pursuant to the California Endangered Species Act and Section 2081 of the California Fish and Game Code, an Incidental Take Permit from the CDFW is required for projects that could result in the “take” of a state-listed Threatened or Endangered species. “Take” is defined under these laws as an activity that would directly or indirectly kill an individual of a species. If a project would result in the “take” of a state-listed species, then a CDFW Incidental Take Permit, including the preparation of a conservation plan, would be required.

Clean Water Act
Section 404 of the Clean Water Act of 1972 regulates the discharge of dredge and fill material into “Waters of the U.S.” including wetlands. Certain natural drainage channels and wetlands are considered jurisdictional “Waters of the U.S.” The U.S. Army Corps of Engineers (USACE) is responsible for administering the Section 404 permit program. The agency determines the extent of its jurisdiction as defined by ordinary high-water marks on channel banks. Wetlands are habitats with soils that are intermittently or permanently saturated, or inundated. The resulting anaerobic conditions naturally select for plant species known as hydrophytes that show a high degree of fidelity to such soils. Wetlands are identified by the presence of hydrophytic vegetation, hydric soils (soils intermittently or permanently saturated by water), and wetland hydrology according to methodologies outlined in the 1987 Corps of Engineers Wetlands Delineation Manual and the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0).

Activities that involve the discharge of fill into jurisdictional waters are subject to the permit requirements of the USACE. Discharge permits are typically issued on the condition that the project proponent agrees to provide compensatory mitigation which results in no net loss of wetland area, function, or value, either through wetland creation, restoration, or the purchase of wetland credits through an approved wetland mitigation bank. In addition to individual project discharge permits, the USACE also issues general nationwide permits applicable for certain activities.

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Regional and Local
Santa Clara Valley Habitat Plan
The Santa Clara Valley Habitat Plan (Habitat Plan) covers an area of 519,506 acres, or approximately 62 percent of Santa Clara County. It was developed and adopted through a partnership between Santa Clara County; the Cities of San José, Morgan Hill, and Gilroy; the Santa Clara Valley Water District (Valley Water); the Santa Clara Valley Transportation Authority; the U.S. Fish and Wildlife Service; and the California Department of Fish and Wildlife. The Habitat Plan is intended to promote the recovery of endangered species and enhance ecological diversity and function, while accommodating planned growth in southern Santa Clara County. The Santa Clara Valley Habitat Agency is responsible for implementing the plan, and implementing entities require a permit be obtained for covered projects.

City of San José Tree Ordinance
The City maintains the urban landscape partly by promoting the health, safety, and welfare of San José by controlling the removal of ordinance trees on private property (San José Municipal Code Section 13.32). Ordinance trees are defined as trees having a main stem or trunk which measures thirty-eight (38) inches or more in circumference (approximately 12 inches or more in diameter) at a height of fifty-four (54) inches above natural grade slope. Ordinance trees are generally mature trees that help beautify San José, slow erosion of topsoil, minimize flood hazards, minimize the risk of landslides, increase property values, and improve local air quality.

The City requires a permit for the removal of any live or dead ordinance tree. The City also requires a permit for the removal of any Unsuitable Tree from any private parcel of land unless a development permit or permit adjustment has been issued pursuant to Title 20 of the City’s Municipal Code that allows the tree removal, or a tree removal permit that allows the removal of that Unsuitable Tree has first been issued and accepted by the applicant pursuant to the provisions of Municipal Code Section 13.32.

Envision San José 2040 General Plan
The City has policies to preserve, avoid, and mitigate impacts to biological resources in San José.

The following General Plan goals and policies are applicable to the project:

Policy ER-5.1 Avoid implementing activities that result in the loss of active native birds’ nests, including both direct loss and indirect loss through abandonment, of native birds. Avoidance of activities that could result in impacts to nests during the breeding season or maintenance of buffers between such activities and active nests would avoid such impacts
Policy ER-5.2 Require that development projects incorporate measures to avoid impacts to nesting migratory birds.

Policy MS-21.4 Encourage the maintenance of mature trees, especially natives, on public and private property as an integral part of the community forest. Prior to allowing the removal of any mature tree, pursue all reasonable measures to preserve it.

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Policy MS-21.5 As part of the development review process, preserve protected trees (as defined by the Municipal Code), and other significant trees. Avoid any adverse effect on the health and longevity of protected or other significant trees through appropriate design measures and construction practices. Special priority should be given to the preservation of native oaks and native sycamores. When tree preservation is not feasible, include appropriate tree replacement, both in number and spread of canopy
Policy MS-21.6 As a condition of new development, require the planting and maintenance of both street trees and trees on private property to achieve a level of tree coverage in compliance with and that implements City laws, policies or guidelines

4.4.4 Impact Discussion
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?
(Less Than Significant with Mitigation)
The project site is fully developed with two structures and associated paved parking areas in a highly urbanized area of the City where biological resources are limited. Special-status plants are not expected to occur in areas of the City already urbanized due to previous land modifications and removal of native plants (such as the project site), and because they do not support natural plant communities. Other than nesting birds, special-status animals are not expected to occur in urban areas of the City developed with structures and paving and that do not support natural plant communities since these areas do not meet habitat requirements for nesting, foraging, or cover (City of San José 2011, p. 481). Other than in riparian areas, vacant areas that support grassland, serpentine grassland vegetation, and agricultural habitats, specialstatus animal species are not expected to occur within most developed areas in San José (City of San José 2011, p. 481). Other than nesting birds, special-status species are not expected to occur on the site.

However, mature trees and other landscaped vegetation within and adjacent to the project site may provide nesting habitat for migratory birds. Raptors and their nests are protected under the Migratory Bird Treaty Act of 1928 and California Fish and Game Code. The removal of trees that may provide nesting habitats would be a significant impact that requires mitigation to protect potentially occurring nesting birds. The below mitigation measure would protect nesting birds that may be present on the project site and reduce the significant impact to a lessthan-significant level.

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IMPACT BIO-1: The project removes trees that may provide nesting bird habitats.

Mitigation Measure
BIO-1 Initial site disturbance activities, including vegetation removal, shall not occur during the general avian nesting season (February 1 through August 31, inclusive). If construction activities cannot be scheduled to avoid nesting season, the project applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and status of nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to avoid direct and indirect impacts to nesting birds. To avoid the destruction of active nests and protect the reproductive success of birds protected by the Migratory Bird Treaty Act and California Fish and Game Code, nesting bird surveys shall be performed not more than 14 days prior to vegetation clearance and structure demolition.

Following commencement of construction activities, no additional nesting bird surveys would be required. If active nests are discovered, a 300-foot radius avoidance buffer for raptors, and 50-foot radius avoidance buffers for other birds, shall be established around such active nests and no construction shall be allowed within the buffer areas until a qualified biologist has determined the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No ground disturbing activities shall occur within this buffer until the qualified biologist has confirmed breeding/nesting is complete and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 30 and February 1, inclusive.

With implementation of the above mitigation, the project developer would be required to obtain a qualified biologist prior to the commencement of construction activities if construction activities occur within the bird nesting season. The qualified biologist would be present during the bird nesting season if the project is under construction, conduct surveys and baseline monitoring, and designate buffers so as to protect any active nests within the project area. This would reduce the potentially significant adverse impacts on nesting birds to a lessthan-significant level. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? (No Impact)
The developed project site is within an urban area and does not contain any sensitive natural communities. The nearest riparian habitats are the Los Gatos Creek located approximately one mile southeast of the project site, and the San Tomas Aquino Creek, located approximately

0.8-mile west of the project site. Therefore, the City’s Riparian Corridor Protection and BirdSafe Design Policy (Council Policy 6-34), which is applicable to projects within 300 feet of a riparian corridor’s top of bank or edge of vegetation (City of San José 2016), is not applicable to the proposed project. The project would not conflict with the Riparian Corridor Policy, or have an adverse effect on any riparian habitat, and would not result in a loss of sensitive habitat.

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c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.), through direct removal, filing, hydrological interruption, or other means? (No Impact)
According to the City’s Public GIS Viewer and current aerial photographs, there are no wetlands or waterways present on, or adjacent to, the project site. Therefore, the proposed project would not have a substantial adverse effect on state or federally protected wetlands through direct removal, filing, hydrological interruption, or other means. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (No Impact)
The project site is currently developed. Urbanized parcels in San José are not considered important for regional movement of wildlife species . Therefore, the proposed project would not interfere with wildlife movement or with established native resident or migratory wildlife corridors, or impede corridors, or impede the use of native wildlife nursery sites. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Less than Significant)
Per the project arborist/tree evaluation report prepared by Nicholas Wages I.S.A. Certified Arborist on March 6, 2020, 18 trees are present on the site: five privets (Ligustrum sp.), two weeping bottle brushes (Callistemon viminalis), two Mexican fan palms (Washingtonia robusta), two avocados (Persea americana), two cypresses (Cupressus macrocarpa), one camphor (Cinnamomum camphora), one locust (Robinia pseudoacacian), one ash (Fraxinus americana), and one coast live oak (Quercus agrifolia). Of these 18 existing trees, nine would be removed for development of the proposed project and nine would be retained. Six (6) of the nine (9) existing trees proposed for removal are ordinance-sized trees (i.e. 12 inches or more in diameter); information on these ordinance-sized trees can be found on Sheet L.05 of the project plans and is provided below:

1. Tree No. 1: 14-inch diameter tree Mexican fan palm located in the northwestern corner of the site.

2. Tree No. 2: 18-inch diameter tree Mexican fan palm located in the northwestern corner of the site.

3. Tree No. 13: 30-inch diameter tree camphor located in the center of the site.

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4. Tree No. 14: 36-inch diameter tree cypress located in the southwestern corner of the site.

5. Tree No. 16: 25-inch diameter tree locust located in the southeastern corner of the site.

6. Tree No. 18: 34-inch diameter tree avocado located in the southeastern corner of the site.

The proposed project would be required to adhere to the City’s tree removal permitting and tree replacement requirements, as outlined in the standard permit condition below.

Standard Permit Condition
The trees removed by the proposed project would be replaced according to the City’s required replacement ratios, as provided in Table 8, Tree Replacement Ratio, below (also found on Sheet L.05 of the project plans).

Table 8 Tree Replacement Ratio
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 to 38 inches 3:1 2:1 None 15-gallon
Less than 19 inches 1:1 1:1 None 15-gallon
SOURCE: Carpira Design Group Company 2021
NOTES: (1) X:X = tree replacement to tree loss ratio
(2) Ordinance-sized tree. Trees greater than or equal to 38 inches in 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 Tree Removal Permit is required for removal of trees of any size. (3) A 38-inch tree equals 12.1 inches in diameter.
(4) A 24-inch box tree = two 15-gallon trees
(5) Single Family and Two-dwelling properties may be mitigated at a 1:1 ratio.

In the event the proposed 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 or the Director’s designee, at the development permit stage:
• 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. • Pay off-site tree replacement fee(s) to the City, prior to the issuance of grading permit(s), in accordance to the City Council approved Fee Resolution. The City will use the off-site tree replacement fee(s) to plant trees at alternative sites.

In accordance with the City policy 32 mitigation replacement trees are required to be planted onsite (20 native 38-inch trees, four non-native 38-inch trees, three native 19-38-inch trees, two non-native 19-38-inch trees, and three orchard 38-inch trees) (Appendix A). The species Section 4.0 Environmental Checklist
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proposed for planting are identified on Sheet L.04. The project proposes 46 new trees (25 trees sized at 24 inches, four trees sized at 36 inches, six trees sized at 18 inches, and 11 trees sized at 15 gallons), 14 more trees than required, in addition to a variety of shrubs, grasses, and groundcover. Therefore, with implementation of the above standard permit condition, the proposed project would not conflict with any local policies or ordinances protecting biological resources.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
(Less than Significant)
The project site is located within the Santa Clara Valley Habitat Plan boundaries. According to the Habitat Agency Geobrowser and current aerial photographs, the project site parcels are mapped as Urban-Suburban (developed) land cover and are surrounded by developed parcels.

The site is not located in a land cover fee zone or any other special fee zone. No special-status plant or wildlife surveys are required, and the site is not in the Urban Reserve System Interface Zone.

The proposed project would be required to adhere to the Habitat Plan, as outlined in the standard permit condition below.

Standard Permit Condition
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-habitatplan.org.

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4.5 CULTURAL RESOURCES

4.5.1 Cultural Resources Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
section 15064.5?
☐ ☐ ☒ ☐ 1,14,50
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to section 15064.5?
☐ ☐ ☒ ☐ 1,3,5,49
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
☐ ☐ ☒ ☐ 1,3,5

4.5.2 Environmental Setting
Structural Historic Resources
The City has identified approximately 160 City Landmarks in its Historic Resources Inventory; 25 of which are on the National Register, nine are considered a State of California Landmark, and four are State Points of Historical Interest.

The project site consists of two existing structures (the structure at 1212 South Winchester was built in 1948 and the structure at 1224 South Winchester was built in 1940). Neither of the two existing structures are listed on the City’s Historic Inventory of City Landmarks (City of San José 2019) and the City’s Historic Preservation Officer determined that a full historic report is not required for the project site. According to the City’s Public GIS Viewer, the nearest City Landmark to the project site is the Winchester Mystery House, which is approximately one mile north.

Historic and/or Unique Archaeological Resources
As identified in the Envision San José 2040 General Plan EIR, most prehistoric archaeological sites have been found along or very near fresh water sources such as creeks and springs, in valleys near both permanent and seasonal water sources including freshwater marshes once present throughout the valley, at the base of the hills, and along and adjacent to the major north/south Native American trails as well as at stone sources for tools in the foothills surrounding the valley. According to the General Plan EIR, the West Valley Planning Area, where the project site is located, is considered an archaeologically sensitive area (p. 698). However, the site is in an urbanized area and has been previously developed.

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4.5.3 Regulatory Setting
Federal
National Register of Historic Places
The National Register of Historic Places (National Register or NRHP) is the nation’s most comprehensive list of historic resources and includes historic resources significant in American history, architecture, archeology, engineering, and culture, at the local, State, and national level.

National Register Bulletin Number 15, How to Apply the National Register Criteria for Evaluation, describes the Criteria for Evaluation as being composed of two factors. First, the property must be “associated with an important historic context” and second, the property must retain integrity of those features necessary to convey its significance. A resource is considered eligible for the National Register if the quality of significance in American history, architecture, archaeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and:

1. Are associated with events that have made a significant contribution to the broad pattern of our history; or

2. Are associated with the lives of persons significant to our past; or

3. Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

4. Yielded, or may be likely to yield, information important in prehistory or history.

State
California Environmental Quality Act (§ 15064.5. Determining the Significance of Impacts to Archaeological and Historical Resources)
a. For purposes of this section, the term “historical resources” shall include the following:

1. A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res.

Code §5024.1, Title 14 CCR, Section 4850 et seq.).

2. A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant.

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3. Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency's determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code, § 5024.1, Title 14 CCR, Section 4852) including the following:
i. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; ii. Is associated with the lives of persons important in our past; iii. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or
iv. Has yielded, or may be likely to yield, information important in prehistory or history.

4. The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code sections 5020.1(j) or 5024.1.
b. A project with an effect that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment.

1. Substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired.

2. The significance of an historical resource is materially impaired when a project:
i. Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources;
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ii. Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources pursuant to section 5020.1(k) of the Public Resources Code or its identification in an historical resources survey meeting the requirements of section 5024.1(g) of the Public Resources Code, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or iii. Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of CEQA.

3. Generally, a project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer, shall be considered as mitigated to a level of less than a significant impact on the historical resource.

4. A lead agency shall identify potentially feasible measures to mitigate significant adverse changes in the significance of an historical resource. The lead agency shall ensure that any adopted measures to mitigate or avoid significant adverse changes are fully enforceable through permit conditions, agreements, or other measures.

5. When a project will affect state-owned historical resources, as described in Public Resources Code Section 5024, and the lead agency is a state agency, the lead agency shall consult with the State Historic Preservation Officer as provided in Public Resources Code Section 5024.5. Consultation should be coordinated in a timely fashion with the preparation of environmental documents. c. CEQA applies to effects on archaeological sites.

1. When a project will impact an archaeological site, a lead agency shall first determine whether the site is an historical resource, as defined in subdivision (a).

2. If a lead agency determines that the archaeological site is an historical resource, it shall refer to the provisions of Section 21084.1 of the Public Resources Code, and this section, Section 15126.4 of the Guidelines, and the limits contained in Section 21083.2 of the Public Resources Code do not apply.

3. If an archaeological site does not meet the criteria defined in subdivision (a), but does meet the definition of a unique archeological resource in Section 21083.2 of the Public Resources Code, the site shall be treated in accordance with the provisions of section 21083.2. The time and cost limitations described in Public Resources Code Section 4.0 Environmental Checklist
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Section 21083.2 (c-f) do not apply to surveys and site evaluation activities intended to determine whether the project location contains unique archaeological resources.

4. If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process.
d. When an initial study identifies the existence of, or the probable likelihood, of Native American human remains within the project, a lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code section 5097.98. The applicant may develop an agreement for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission.” Action implementing such an agreement is exempt from:

1. The general prohibition on disinterring, disturbing, or removing human remains from any location other than a dedicated cemetery (Health and Safety Code Section 7050.5).

2. The requirements of CEQA and the Coastal Act.
e. In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken:

1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:
i. The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and
ii. If the coroner determines the remains to be Native American:

1. The coroner shall contact the Native American Heritage Commission within 24 hours.

2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American.

3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for Section 4.0 Environmental Checklist
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means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or

2. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance.
i. The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. ii. The descendant identified fails to make a recommendation; or iii. 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. f. As part of the objectives, criteria, and procedures required by Section 21082 of the Public Resources Code, a lead agency should make provisions for historical or unique archaeological resources accidentally discovered during construction. These provisions should include an immediate evaluation of the find by a qualified archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation should be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place.

California Health and Safety Code
The California Health and Safety Code (§ 7050.5) requires that in the event of discovery or recognition of human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the California Native American Heritage Commission by telephone within 24 hours.

Local
Envision San José 2040 General Plan
Chapter 3 of the General Plan sets forth sustainability goals for the City through 2040. The Environmental Resources section discusses archaeology- and paleontology-related Goals, Policies, and Actions. Chapter 6 of the General Plan discusses the land use policies that focus on historicallysignificant buildings and areas of San José. Chapter 7 provides environmental clearance goals and policies that relate to cultural resources. The following are applicable policies that relate to the proposed project:

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Policy CD-7.1: Support intensive development and uses within Urban Villages, while ensuring an appropriate interface with lower-intensity development in surrounding areas and the protection of appropriate historic resources.

Policy ER-10.1 For proposed development sites that have been identified as archaeologically or paleontologically sensitive, require investigation during the planning process in order to determine whether potentially significant archaeological or paleontological information may be affected by the project and then require, if needed, that appropriate mitigation measures be incorporated into the project design.

Policy ER-10.2 Recognizing that Native American human remains may be encountered at unexpected locations, impose a requirement on all development permits and tentative subdivision maps that upon discovery during construction, development activity will cease until professional archaeological examination confirms whether the burial is human. If the remains are determined to be Native American, applicable state laws shall be enforced.

Policy ER-10.3 Ensure that City, State, and Federal historic preservation laws, regulations, and codes are enforced, including laws related to archaeological and paleontological resources, to ensure the adequate protection of historic and prehistoric resources.

Policy LU-13.9 Promote the preservation, conservation, rehabilitation, restoration, reuse, and/ or reconstruction, as appropriate, of contextual elements (e.g., structures, landscapes, street lamps, street trees, sidewalk design, signs) related to candidate and/or landmark buildings, structures, districts, or areas.

Policy IP-12.3 Use the Environmental Clearance process to identify potential impacts and to develop and incorporate environmentally beneficial actions, particularly those dealing with the avoidance of natural and human-made hazards and the preservation of natural, historical, archaeological and cultural resources.

City of San José Municipal Code – Historic Preservation Ordinance The City of San José has enacted an ordinance providing for the designation if historic resources as City Landmarks (Historic Preservation Ordinance, Municipal Code 13.48.110). Based upon the General Plan goals and policies, and the City of San José Historic Preservation Ordinance, the criteria for designation are similar to those for listing on the California Register of Historical Resources but oriented to the local context.

4.5.4 Impact Discussion
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to section 15064.5?
(Less Than Significant)
Pursuant to CEQA Guidelines section 15064.5, historic resources can be both above- and belowground.

Aboveground historic resources. The project site is developed with two structures constructed in 1948 and 1940, respectively. According to the City’s Historic Resources Section 4.0 Environmental Checklist
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Inventory, the project site does not contain historic resources defined under the Public Resources Code Section 15064.5 (City of San José 2019) and the City’s Historic Preservation Officer determined that a historic report is not required for the structures on the project site.

The property is not a known location of known important events and is not known or recorded to be associated with any persons important to national, state, or local history.

Belowground historic resources. There are no known historic resources present on the project site. However, the proposed project involves extensive excavation, which could result in the discovery of unknown belowground historic resources. With the implementation of the City’s Standard Permit Conditions presented in checklist question b), the construction and operation of the project would have less than significant impacts to belowground historic resources. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to section 15064.5?
Although the project site is located in the West Valley Planning Area, which is considered by the General Plan EIR to be an archaeologically sensitive area, the project site itself is within an urban environment and has been previously developed.

Regardless, construction activities could inadvertently expose previously undiscovered or unrecognizable archaeological deposits. Therefore, the City’s standard permit conditions listed below would be required. Implementation of the standard permit conditions, in accordance with General Plan Policies, would ensure the project would not have significant impacts to archaeological resources and human remains.

Standard Permit Conditions
In the unlikely event that archaeological resources (including human remains) are encountered during excavation and construction, the project would implement the following Standard Permit Conditions:
a. Subsurface Cultural Resources. If prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped, the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee and the City’s Historic Preservation Officer shall be notified, and a qualified archaeologist will examine the find. The archaeologist will 1) evaluate the find(s) to determine if they meet the definition of a historical or archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery would be submitted to the Director of PBCE or the Director's designee and the City’s Historic Preservation Officer and the Northwest Information Center (if applicable). Project personnel should not collect or move any cultural materials.

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b. 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:
i. 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. ii. The MLD identified fails to make a recommendation; or iii. 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.
c) Disturb any human remains, including those interred outside of dedicated cemeteries. (Less than Significant)
The proposed project would include grading and excavation for the subgrade parking structure, which could accidentally disturb unknown human remains onsite. As part of the development approval by the City, the proposed project would be required to conform to the following standard permit conditions, in accordance with General Plan policies, in order to ensure the project would not have significant impacts on Native American human remains.

Standard Permit Conditions
 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 shall immediately notify the Supervising Environmental Planner of the City of San José Section 4.0 Environmental Checklist
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Department of Planning, Building, and Code Enforcement and the qualified archaeologist, who will 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 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:
o The NAHC is unable to identify an MLD or the MLD failed to make a recommendation within 24 hours after being notified by the NAHC; o The MLD identified fails to make a recommendation; or o The landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the NAHC fails to provide measures acceptable to the landowner.

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4.6 ENERGY

4.6.1 Energy Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Result in a potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?
☐ ☐ ☒ ☐ 1, 34,
35,36,
38, 39
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
☐ ☐ ☐ ☒ 1, 38,
39 4.6.2 Environmental Setting
Pacific Gas and Electric, one of the five largest utilities in the state, is the primary purveyor of electricity and natural gas in the City of San José. San José Clean Energy, or SJCE, is San José’s new electricity supplier, providing residents and businesses with cleaner, affordable energy.

Operated by the City of San José’s Community Energy Department, it creates a more sustainable future for the community and future generations. SJCE plays a crucial role in Climate Smart San José, the City’s climate action plan. The San José City Council unanimously voted to create SJCE in May 2017, and was launched service in February 2019. Pacific Gas and Electric operates a major network of electricity and natural gas transmission lines within its service area, including San José.

For more than a decade, federal, state, and regional energy agencies and energy providers have been focused on reducing growth in fossil-fuel based energy demand, especially in the form of transportation fuels and electricity. Key environmental goals have been established to reduce air pollutants and GHGs. As a result, investments in a range of transportation technologies, alternative energy technologies, energy efficiency and energy conservation programs have been increasing, as has the focus on land use planning as a tool to reduce vehicle trips/lengths and transportation related energy use.

4.6.3 Regulatory Setting
Energy efficiency, energy conservation, and transportation fuel efficiency (through vehicle trip reduction and improved mileage) goals are embodied in many federal, state, and local statutes and policies. Representative state energy efficiency and conservation, and transportation energy demand guidance, regulations, and legislation are summarized below, as are those of the City of San José.

State
California Building Codes
The Green Building Standards Code (also known as CALGreen), which requires all new buildings in the state to be more energy efficient and environmentally responsible, was most recently updated Section 4.0 Environmental Checklist
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in July 2019. These comprehensive regulations are intended to achieve major reductions in interior and exterior building energy consumption.

Assembly Bill 1493 (Pavley I Rule)
AB 1493 was enacted on July 22, 2002 and requires CARB to develop and adopt regulations that improve fuel efficiency of vehicles and light-duty trucks. Pavley I requirements apply to these vehicles in the model years 2009 to 2016.

Renewable Energy Legislation/Orders
The California Renewable Portfolio Standard Program, which requires electric utilities and other entities under the jurisdiction of the California Public Utilities Commission to meet 20 percent of their retail sales with renewable power by 2017, was established by SB 1078 in 2002. The program was subsequently expanded by the renewable electricity standard in September 2010, requiring all utilities to meet a 33 percent target by 2020. On September 10, 2018, former Governor Brown signed into law SB 100 and Executive Order B-55-18. SB 100 raises California’s Renewable Portfolio Standard requirement to 50 percent by December 31, 2026, and to 60 percent by December 31, 2030. Executive Order B-55-18 establishes a carbon neutrality goal for California by 2045 and a goal to maintain net negative emissions thereafter.

Senate Bill 743
Effective July 1, 2020, SB 743 updates the way transportation impacts are measured in California for new development projects, making sure they are built in a way that allows Californians more options to drive less. SB 743 will help California achieve its climate commitments, preserve the environment, improve health and safety, and boost its economy by prioritizing co-located jobs, services, and housing. SB 743 will also reduce the time spent in vehicles to get to places, thereby reducing fuel consumption and GHG emissions.

Local
Envision San José 2040 General Plan
The General Plan includes the following energy conservation and renewable energy use policies that are applicable to the proposed project:

Policy MS-1.6 Recognize the interconnected nature of green building systems, and, in the implementation of Green Building Policies, give priority to green building options that provide environmental benefit by reducing water and/or energy use and solid waste.

Policy MS-2.3 Utilize solar orientation (i.e., building placement), landscaping, design, and construction techniques for new construction to minimize energy consumption.

Policy MS-2.4 Promote energy efficient construction industry practices.

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Policy MS-2.6 Promote roofing design and surface treatments that reduce the heat island effect of new and existing development and support reduced energy use, reduced air pollution, and a healthy urban forest. Connect businesses and residents with cool roof rebate programs through City outreach efforts.

Policy MS-2.11 Require new development to incorporate green building practices, including those required by the Green Building Ordinance. Specifically, target reduced energy use through construction techniques (e.g., design of building envelopes and systems to maximize energy performance), through architectural design (e.g., design to maximize cross ventilation and interior daylight) and through site design techniques (e.g., orienting buildings on sites to maximize the effectiveness of passive solar design).

Policy MS-14.4 Implement the City’s Green Building Policies (see Green Building Section) so that new construction and rehabilitation of existing buildings fully implements industry best practices, including the use of optimized energy systems, selection of materials and resources, water efficiency, sustainable site selection, passive solar building design, and planting of trees and other landscape materials to reduce energy consumption.

Council Policy 6-32 Private Sector Green Building Policy Council Policy 6-32 Private Sector Green Building Policy, adopted in October 2008, establishes baseline green building standards for private sector new construction and provides a framework for implementing these standards. It promotes practices in building design, construction, and maintenance that reduce energy, water and other resource use. Private developments are required to implement green building practices if they meet the applicable project type and size criteria defined in Table 9, Private Sector Green Building Policy Applicable Projects. For mixed-use projects, only the component(s) of the project that meet the project size threshold shown in the table are required to comply with the green building standards (City of San José 2008).

4.6.4 Impact Discussion
a) Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
(Less than Significant)
Energy impacts are assessed based on the proposed project energy demand profile and on its relationship to the state’s energy efficiency regulations and the City’s land use planning regulations. Both are summarized below.

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Table 9 Private Sector Green Building Policy Applicable Projects Applicable Project Minimum Green
Building Rating
Minimum Green Building Rating1,2,3
Commercial/Industrial – Tier 1 (Less than 25,000 square feet) LEED Applicable New Construction Checklist Commercial/Industrial – Tier 2 (25,000 square feet or greater) LEED Silver Residential – Tier 1 (Less than 10 units) GreenPoint or LEED Checklist Residential – Tier 2 (10 units or greater) GreenPoint Rated 50 points or LEED Certified High Rise Residential (75 feet or higher) LEED Certified SOURCES: City of San José 2008
NOTES:

1. The Leadership in Energy and Environmental Design (LEED) Green Building Rating System is a third-party certification program and the nationally accepted benchmark for the design, construction and operation of high-performance green buildings. The LEED system offers levels of certification for new construction referred to as Certified, Silver, Gold, and Platinum.

2. REACH CODE. In September 2019, San José City Council approved a building reach code ordinance that encourages building electrification and energy efficiency, requires solar-readiness on nonresidential buildings, and requires electric vehicle (EV)-readiness and EV equipment installation. In October 2019, Council approved an ordinance prohibiting natural gas infrastructure in new detached accessory dwelling units, single-family, and low-rise multi-family buildings that would supplement the reach code ordinance. Both of these ordinances have been required to be applied to new construction as of January 1, 2020

3. Administered by Build It Green, GreenPoint Rated is a green building rating system which can be used to assess the environmental characteristics of a home. GreenPoint Rated assigns point values to recommended practices based on their benefits to the homeowner and the environment. If a home meets minimum point requirements in each category and scores more than 50 total points, it earns the right to bear the GreenPoint Rated label.

Existing Energy Demand
The existing single-family residence, event decorator office, and commercial office building on the project site consume energy in the form of electricity, natural gas, and vehicles used by the residents, employees, and others consume transportation fuel. A summary of existing energy demand is provided below.

Electricity. Section 5.3, Energy by Land Use – Electricity, in the CalEEMod results included in Appendix B shows existing electricity demand of about 159,343 kilowatt-hour (kWh) per year.

Natural Gas. Section 5.2, Energy by Land Use – Natural Gas, in the CalEEMod results included in Appendix B show that the natural gas demand from existing uses would be about 167,932,000 British Thermal Unit (BTU) per year or 1,679 therms per year (1 therm = 100,000 BTU).

Transportation Fuel. Existing uses generate traffic trips. Vehicle trips can be translated into vehicle miles traveled (VMT) for the purpose of projecting transportation fuel demand.

CalEEMod results included in Appendix B show that the estimated existing annual VMT would be 191,701 miles. The 2017 Emissions Factor Model (EMFAC) version 1.0.2, which uses VMT as an input, was used to estimate existing transportation fuel use. The EMFAC Section 4.0 Environmental Checklist
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results included as Appendix D show existing transportation fuel demand of about 8,045 gallons per year.

Projected Energy Demand
The proposed project would result in increased demand for electricity, natural gas and fuel. A summary of projected energy demand is provided below.

Electricity. According to the California Energy Commission Energy Consumption Data Management System (2020a), in 2018, total electricity consumption in Santa Clara County was 16,708,080,341 kWh. Section 5.3, Energy by Land Use – Electricity, in the CalEEMod results included in Appendix B show projected electricity demand would be approximately 702,441 kWh per year. Projected electricity demand would be less than 0.01 percent of the total 2018 Santa Clara County electricity demand. The projected electricity demand exceeds that of the existing uses by 543,098 kWh per year, or 340.84 percent.

Natural Gas. According to the California Energy Commission Energy Consumption Data Management System (2020b), in 2018, total natural gas consumption in Santa Clara County was 440,030,822 therms. Section 5.2, Energy by Land Use – Natural Gas, in the CalEEMod results included in Appendix B show that projected natural gas demand would be about 2,807,810,000 BTU per year or 28,078 therms per year. Projected natural gas demand would be less than 0.01 percent of the total 2018 Santa Clara County natural gas demand. The projected natural gas demand exceeds that of the existing uses by 2,639,878,000 BTU per year or 26,399 therms per year, or 1,572.30 percent.

Transportation Fuel. The proposed project would generate new traffic trips that would increase VMT. New vehicle trips would result in increased demand for and consumption of transportation fuel. CalEEMod results included in Appendix B show that the projected annual VMT would be 2,765,102 miles. EMFAC was used to forecast annual transportation fuel use based on the projected VMT. The EMFAC results in Appendix D show projected transportation fuel demand of about 106,282 gallons per year. The projected transportation fuel demand exceeds that of the existing uses by 98,237 gallons per year, or 1,221.09 percent.

During construction, diesel and gasoline use in construction equipment, construction material transport vehicles, portable power generation systems, and worker vehicles would be the primary source of energy use. Construction energy demand would be higher for the proposed project than for typical development on vacant land because the existing facility must first be demolished.

The Environmental Protection Agency regulates diesel engine design and fuel composition at the federal level, and has adopted multiple tiers of emission standards that result in reduced fuel consumption. Generally, California policy and regulations are as or more comprehensive and stringent than federal actions. At the state-level, the California Air Resources Board enforces off-road diesel engine vehicle and equipment regulations. Representative legislation and standards for improving transportation fuel efficiency of off-road vehicles includes, but is not limited to the Truck and Bus Regulation, Regulation for In-Use Off-Road Diesel-Fueled Section 4.0 Environmental Checklist
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Fleets, and Portable Equipment Registration Program. The California Air Resources Board also regulates on-road vehicles including passenger cars, light-duty trucks, and medium-duty vehicles that would be used by construction workers. Representative legislation and standards for improving transportation fuel efficiency of on-road vehicles includes, but is not limited to the Pavley standards and the Advanced Clean Cars program.

Conclusion
A proposed project could be considered to result in significant environmental effects due to wasteful, inefficient, or unnecessary consumption of energy if its energy demand is extraordinary relative to common land use types, its gross energy demand is excessive relative to total demand in Santa Clara County and/or it fails to comply with California energy efficiency/conservation regulations that are within the applicant’s control.

The proposed project represents a single-use development in an urban environment with a diversity of complementary land uses and frequent transit services that would result in low VMT, and therefore, low transportation fuel demand.

The project is a common land use type whose electricity and natural gas demand would not be excessive. As presented above, projected electricity and natural gas demand would not be excessive relative to cumulative electricity and natural gas demand in Santa Clara County.

Further, the City enforces the California Building Standards Code through the development review process. That enforcement is the primary mechanism through which the applicant would be required to implement energy efficiency/conservation measures. The proposed 107,079.9-square feet hotel meets the project size threshold shown in Table 9 and is required to be LEED Silver. Required conformance with the Council Policy 6-32 green building requirements would also result in energy reduction benefits.

The proposed project would consume energy, but it would not be inefficient, wasteful, or unnecessary. Therefore, the impact would be less than significant. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
(No Impact)
As discussed in Regulatory Setting above, there are no regulations at the state or local level that would mandate that the proposed project must include on-site renewable energy sources.

At the local level, the project is required to be LEED Silver pursuant to Council Policy 6-32.

By including green building design measures to achieve LEED Silver certification, the project would comply with existing State and local energy standards and would not conflict with or obstruct a state or local plan for energy efficiency.

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4.7 GEOLOGY/SOILS

4.7.1 Geology/Soils Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury,
or death involving:

1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42?
☐ ☐ ☐ ☒ 1,9

2. Strong seismic ground shaking? ☐ ☐ ☒ ☐ 1,4,9

3. Seismic-related ground failure, including
liquefaction?
☐ ☐ ☒ ☐ 1,4,9

4. Landslides? ☐ ☐ ☐ ☒ 1,9
b) Result in substantial soil erosion or the loss of
topsoil?
☐ ☐ ☒ ☐ 1
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
☐ ☐ ☒ ☐ 1,9
d) Be located on expansive soil, creating substantial
direct or indirect risks to life or property?
☐ ☐ ☒ ☐ 1,9
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
☐ ☐ ☐ ☒ 1,11
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
☐ ☐ ☒ ☐ 1,3

4.7.2 Environmental Setting
Much of the information within this section of the initial study is from the City’s Envision San José 2040 General Plan EIR and the letter to Mr. Henry Cord (the applicant) from Cornerstone Earth Group on October 2, 2019 addressing the results of a geotechnical feasibility study. The letter can be found in Appendix E.

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Seismicity
The San Francisco Bay area is one of the most seismically active areas in Santa Clara County. The major earthquake faults in the region are the San Andreas, located near the Santa Cruz Mountains, and the Hayward and Calaveras fault system, located in the Diablo Mountain Range. Other potentially active faults within San José include the Berryessa, Crosley, Clayton, Quimby, Shannon, Evergreen, and Silver Creek faults. The project site is not located within a currently designated Alquist-Priolo Earthquake Fault Zone (Cornerstone Earth Group 2019).

Liquefaction and Lateral Spreading
Seismic activity can also result in hazards from several forms of ground failure, such as liquefaction and lateral spreading. The majority of San José is located within the Santa Clara Valley, which is a broad alluvial plain with alluvial soils extending several hundred feet below the ground surface.

During strong seismic shaking, loose, saturated sand and silt layers can soften, resulting in substantial ground deformation. Factors that influence liquefaction potential include geologic age of a soil deposit, soil type, soil cohesion, and ground water level. Along active stream channels, liquefaction susceptibility is typically high.

Lateral spreading is a type of ground failure that can occur where an open slope face is present. It typically occurs as a form of horizontal displacement of relatively flat-lying material toward an open face such as an excavation (either temporary or permanent), channel, or body of water. This movement is generally due to failure along a weak plane in soils and may be associated with liquefaction. Areas of San José that are most prone to lateral spreading include lands are adjacent to the Guadalupe River and Coyote Creek, where liquefaction probability is greatest and in the marshland deposits of northernmost parts of San José.

The project site is not located along stream channels. The nearest being the Los Gatos Creek located approximately one mile southeast of the site and the San Tomas Aquino Creek, located approximately 0.80 miles west of the project site. The project site is not identified as being within a liquefaction hazard zone according to Figure 3.6-1 of the General Plan EIR.

Landslides
Landslides occur when the stability of a slope changes from a stable to an unstable condition. Most landslide activity has occurred in the Diablo Range on the east side of San José with lesser amounts in the Santa Teresa Hills and Santa Cruz Mountains to the southwest. In hillside areas and along creeks, earthquakes can trigger landslides. Hazard areas extend into developable areas of the City at the edge of the East Foothills, in the Silver Creek Hills, the northern tip of the Santa Teresa Hills, and locations at the edge of the Almaden Valley. Figure 3.6-1 of the General Plan EIR illustrated areas considered susceptible to earthquake-induced landslides. The project site is flat and not located in a landslide hazard area.

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Expansive and Weak Soils
Expansive soils have a high shrink-swell potential and occur where a sufficient percentage of certain clay materials are present in the soil. These soil conditions can impact the structural integrity of buildings and other structures. Much of the soil in San José is moderately to highly expansive.

Moderately to highly expansive soils are found both on the valley floor and in hillside areas.

Expansive soils on sloping hillsides are subject to soil creep, which can induce lateral forces on foundations and retaining walls. The project site’s soils are moderately to highly expansive (Cornerstone Earth Group 2019, p. 4).

Erosion
Erosion typically occurs when bare soils are exposed to water or wind. Erosion can occur as a result of rainfall in areas where construction activities have exposed soils and bedrock. In San José, erosion occurs primarily from the concentration of water generated on hillsides where erosion potential is high to very high. In addition to erosion of hillsides, erosion occurs in stream and creek beds and banks during high flow periods.

Paleontological Resources
Paleontologic resources include fossils – the remains or traces of once-living organisms preserved in sediments or sedimentary rocks – and the geologic context in which they occur. Paleontologic sensitivity is defined as the potential for a geologic unit to produce scientifically significant fossils.

This is determined by rock type, past history of the rock unit in producing significant fossils, and fossil localities that are recorded from that unit. Paleontologic sensitivity is derived from the fossil data collected from the entire geologic unit, not just from a specific survey. Potentially sensitive areas for the presence of paleontological resources within San José are identified on Figure 3.11-1 in the General Plan EIR, based on the underlying geologic formation. Areas with the highest sensitivity are those where geologic formations known to contain fossils are found close to the ground surface. According to Figure 3.11-1, the project site is located within an area of high sensitivity below ground level.

4.7.3 Regulatory Setting
State
Alquist-Priolo Act
The Alquist-Priolo Earthquake Fault Zoning Act was enacted in 1972 in the aftermath of the San Fernando earthquake. The Alquist-Priolo Act prohibits the siting of most structures for human occupancy across traces of active faults that constitute a potential hazard to structures from surface faulting or fault creep. Single family homes that are not part of a development project of four or more units are exempt. Under the Alquist-Priolo Act the State Geologist establishes earthquake fault regulatory zones and issues maps identifying those zones. Alquist-Priolo Zones are mapped on the eastern portions of San José boundaries, east of U.S. Highway 101.

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Seismic Hazards Mapping Act
Under the Seismic Hazards Mapping Act, the state designates seismic hazard zones to protect from the effects of strong ground shaking, earthquake- induced landslides, liquefaction, or other ground failures associated with seismic activity.

California Building Code
Every three years the California Building Standards Commission adopts an updated version of the building codes. The building codes are based on national model codes, amended by the State as the California Building Code, and often further amended by local jurisdictions. The 2019 California Building Standards Code (Cal. Code Regs., Title 24), the current version of the code, was published on July 1, 2019, with an effective date of January 1, 2020.

Local
Envision San José 2040 General Plan
The General Plan includes updated hazards policies that address geologic and seismic hazards. The following policies are specific to geologic resources and apply to the proposed project:

Policy EC-3.1 All new or remodeled habitable structures shall be designed in accordance with the most recent California Building Code and California Fire Code as amended locally and adopted by the City of San José, including provisions regarding lateral forces.

Policy EC-4.1 All new or remodeled habitable structures shall be designed and built in accordance with the most recent California Building Code and municipal code requirements as amended and adopted by the City of San José, including provisions for expansive soil, and grading and storm water controls.

Policy EC-4.2 Development in areas subject to soils and geologic hazards, including un-engineered fill and weak soils and landslide-prone areas, only when the severity of hazards have been evaluated and if shown to be required, appropriate mitigation measures are provided. New development proposed within areas of geologic hazards shall not be endangered by, nor contribute to, the hazardous conditions on the site or on adjoining properties. The City of San José Geologist will review and approve geotechnical and geological investigation reports for projects within these areas as part of the project approval process.

Policy EC-4.4 All new development shall conform to the City of San José’s Geologic Hazard Ordinance.

Policy EC-4.5 Ensure that any development activity that requires grading does not impact adjacent properties, local creeks and storm drainage systems by designing and building the site to drain properly and minimize erosion. An Erosion Control Plan is required for all private development projects that have a soil disturbance of one acre or more, are adjacent to a creek/river, and/or are located in hillside areas. Erosion Control Plans are also required for any grading occurring between October 15 and April 15.

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Action EC-4.11 Require the preparation of geotechnical and geological investigation reports for projects within areas subject to soils and geologic hazards, and require review and implementation of mitigation measures as part of the project approval process.

Action EC-4.12 Require review and approval of grading plans and erosion control plans (if applicable) prior to issuance of grading permits by the Director of Public Works
Policy ES-4.9 Permit development only in those areas where potential danger to the health, safety, and welfare of persons in that area can be mitigated to an acceptable level.

Policy ER-10.3 Ensure that City, State, and Federal historic preservation laws, regulations, and codes are enforced, including laws related to archaeological and paleontological resources, to ensure the adequate protection of historic and prehistoric resources.

City of San José Municipal Code – Title 24
Title 24 of the City’s Municipal Code includes the current California Building, Plumbing, Mechanical, Electrical, Existing Building, and Historical Building Codes. Requirements for building safety and earthquake hazard reduction are also addressed in Chapter 17.40 (Dangerous Buildings) and Chapter 17.10 (Geologic Hazards Regulations) of the Municipal Code.

Requirements for grading, excavation, and erosion control are included in Chapter 17.10 (Building Code, Part 6 Excavation and Grading). In accordance with the Municipal Code, the Director of Public Works must issue a Certificate of Geologic Hazard Clearance prior to the issuance of grading and building permits within defined geologic hazard zones, including State Seismic Hazard Zones for Liquefaction.

4.7.4 Impact Discussion
a.1) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? a.2) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? a.3) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction?
a.4) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? Section 4.0 Environmental Checklist
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Unless otherwise stated, this section is based on the Geotechnical Feasibility Study prepared for the proposed project by Cornerstone Earth Group in October 2019. (Less Than Significant)
Fault Rupture. The project site is not located within a designated Alquist-Priolo Earthquake Fault Zone and, therefore, fault rupture through the project site is not anticipated (Cornerstone Earth Group 2019, p. 2). Therefore, the proposed project would not directly or indirectly cause potential substantial adverse effects including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault.

Seismic Ground Shaking. The project site is in a seismically active region of California and strong ground shaking would be expected during the life of the proposed project (City of San Jose 2011, p. 503). The geotechnical feasibility study recommends that the proposed project be designed to meet current California Building Code standards in order to reduce the potential for substantial adverse effects related to ground shaking (Cornerstone Earth Group 2019).

Seismic-Related Liquefaction. The project site is not mapped within a California Seismic Hazard Zone for liquefaction and due to the deep groundwater table, the potential for liquefaction impacting site development is considered low (Cornerstone Earth Group 2019, p. 3). However, the geotechnical feasibility study recommends that the potential or liquefaction is evaluated during the design-level geotechnical investigation to confirm anticipated groundwater depth and subsurface layers once the project plans are finalized. With compliance to the standard permit conditions identified below, the potential significant impact would be reduced to a less-than-significant level.

Landslides. The proposed project is not located within a California Seismic Hazard Zone for landslides and due to the flat topography of the project site, the potential for landslides at the project site may be considered low (Cornerstone Earth Group 2019, p. 3).

Given that the project site is located within a seismically active region, the following Standard Permit Condition, in accordance with the Building and Fire Code, is required to be implemented to reduce seismic-related impacts.

Standard Permit Condition
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 or updated by the City. The project shall be designed to withstand soil hazards Section 4.0 Environmental Checklist
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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. b) Would the project result in substantial soil erosion or the loss of topsoil? (Less Than Significant)
The 0.69-acre project site is currently developed and the project site includes impervious surfaces. Ground disturbance would be required for the demolition of the existing buildings and hardscape, grading, and construction of the proposed development. Ground disturbance could expose soils and increase the potential for wind- or water-related erosion and sedimentation at the project site until construction is complete.

Prior to the issuance of a grading permit, the applicant would be required to submit an Erosion Control Plan to the Department of Public Works. The Erosion Control Plan may include BMPs as specified in Association of Bay Area Government’s Manual of Standards Erosion & Sediment Control Measures for reducing impacts on soil erosion from construction activities.

In addition, the following standard permit conditions would be required in order to reduce erosion impacts during construction to a less than significant level.

Standard Permit Conditions
 The project applicant shall comply with the City of San José Grading Ordinance (Chapter

17.04, Part 6), including 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. The following specific BMPs would be implemented to prevent storm water pollution and minimize potential sedimentation during construction:
o Grading would not be allowed between October 1st and April 30th of any year without Erosion Control plans and measures approved by the Director of Public Works.
o Utilize on-site sediment control BMPs to retain sediment on the project site. o Utilize stabilized construction entrances and/or wash racks. o Implement damp street sweeping.
o Provide temporary cover of disturbed surfaces to help control erosion during construction.
o Provide permanent cover to stabilize the disturbed surfaces after construction has been completed.

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 The following erosion control measures would also be required:
o Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
o Earthmoving or other dust-producing activities shall be suspended during periods of high winds.
o All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
o Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
o All trucks hauling soil, sand, and other loose materials shall be required to cover all trucks or maintain at least two feet of freeboard.
o All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). o Vegetation in disturbed areas shall be replanted as quickly as possible. o All unpaved entrances to the site shall be filled with rock to knock mud from truck tires prior to entering City streets. A tire wash system may also be employed at the request of the City.

Erosion impacts could also occur post-construction as well. Therefore, the project is required to comply with the specific Site Design, Pollutant Source Control, and Stormwater Treatment Control Measures demonstrating compliance with Provision C.3 of the MRP (NPDES Permit Number CAS612008) and would be included in the project design to the satisfaction of the Director of Planning, Building and Code Enforcement or the Director’s designee and the Director of Public Works.
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? (Less Than Significant)
There are no open faces within an appropriate distance of the project site where lateral spreading could occur; therefore, the potential for lateral spreading to affect the project site is low (Cornerstone Earth Group 2019, p. 3).

This issue is addressed above in the response to checklist question a) and would be reduced to a less than significant level with implementation of standard permit conditions.

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d) Would the project be located on expansive soil, creating substantial direct or indirect risks to life or property?
(Less Than Significant)
According to the geotechnical feasibility study, the project site’s soils are moderately to highly expansive (Cornerstone Earth Group 2019), which could create substantial direct or indirect risks to life or property as a result of development of the proposed project. This issue is addressed above in the response for checklist question a) and would be reduced to a less than significant level with standard permit conditions.
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
(No Impact)
All sewage generated within the San José Water’s service area, which includes the project site, is sent to the San José/Santa Clara Regional Wastewater Facility via the City and West Valley Sanitation District collection systems (San José Water Company 2016, p. 6-3). The proposed project would connect to the existing six-inch sanitary sewer line located in South Winchester Boulevard. There would be no septic tanks or alternative wastewater disposal systems. f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
(Less Than Significant)
The project site is currently developed and, therefore, there are no unique geologic features within the project site. Therefore, the proposed project would not have an impact on a unique geological feature.

According to the City’s General Plan EIR’s Figure 3.11-1, the project site is not in an area of high surface paleontological sensitivity; however, it is identified as being within an area of high sensitivity below ground level. The project site, if disturbed, is not known to contain any unique paleontological resources and the project is not expected to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature; however, it is possible that unique paleontological resources may be encountered during construction activities. In accordance with General Plan Policy ER-10.3, the following standard permit condition would be implemented by the project to reduce and avoid potential impacts to as yet unidentified buried unique paleontological resources:

Standard Permit Condition
Paleontological Resources. 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 Section 4.0 Environmental Checklist
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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.

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4.8 GREENHOUSE GAS EMISSIONS

4.8.1 Greenhouse Gas Emissions Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
☐ ☐ ☒ ☐ 1, 43
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the
emissions of greenhouse gases?
☐ ☐ ☒ ☐ 1, 43

4.8.2 Environmental Setting
Causes and Effects of Climate Change
The greenhouse effect naturally regulates the Earth’s temperature. However, human activity has increased the intensity of the greenhouse effect by releasing increasing amounts of greenhouse gases (GHG) emissions into the atmosphere. GHGs can remain in the atmosphere for decades or even hundreds of thousands of years (depending on the particular GHG). The GHG emissions that are already in the atmosphere will continue to cause climate change for years to come, just as the warming being experienced now is the result of emissions produced in the past.

Increased concentrations of GHGs in the atmosphere result in increased air, surface, and ocean temperatures. Many of the effects and impacts of climate change stem from resulting changes in temperature and meteorological responses to those changes. Effects of climate change include, but are not limited to: reduced snowpack, more frequent and extreme storm events, sea level rise, reduced water supply availability, diminished air quality, increased wildfire hazards, increased public health concerns, and ecosystem changes.

Greenhouse Gas Types
GHGs are emitted by natural processes and human activities. The human-produced GHGs most responsible for global warming are carbon dioxide, methane, nitrous oxide, and chlorofluorocarbons. In 2018, GHG emissions in the United States consisted of 81 percent of carbon dioxide, 10 percent of methane, 7 percent of nitrous oxide, and 3 percent of chlorofluorocarbons (United States Environmental Protection Agency 2020). While carbon dioxide represents the vast majority of the total volume of GHGs released into the atmosphere, the release of even small quantities of other types of GHGs can be significant for their contribution to climate change.

4.8.3 Regulatory Setting
The federal government has taken significant regulatory steps toward addressing climate change.

Generally, California policy and regulations implemented at the regional and local levels are as or Section 4.0 Environmental Checklist
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more comprehensive and stringent than federal actions; therefore, this section focuses on state, regional, and local regulatory actions whose implementation would lessen the contribution of the proposed project to climate change.

State
Assembly Bill 32
In September 2006, the California State Legislature enacted the California Global Warming Solutions Act of 2006, also known as AB 32. AB 32 requires that statewide GHG emissions be reduced to 1990 levels by 2020.

Senate Bill 32
Effective January 1, 2017, SB 32 requires California to reduce its statewide GHG emissions by the year 2030 so that they are 40 percent below those that occurred in 1990.

California Renewables Portfolio Standard
In 2015, the Legislature enacted SB 350, which embodies a policy encouraging a substantial increase in the use of electric vehicles and increased the Renewable Portfolio Standard to require 50 percent of electricity generated to be from renewables by 2030.

On September 10, 2018, former Governor Brown signed into law SB 100 and Executive Order B55-18. SB 100 raises California’s Renewable Portfolio Standard requirement to 50 percent renewable resources target by December 31, 2026, and to achieve a 60 percent target by December 31, 2030. SB 100 also requires that retail sellers and local publicly owned electric utilities procure a minimum quantity of electricity products from eligible renewable energy resources so that the total kilowatt hours of those products sold to their retail end-use customers achieve 44 percent of retail sales by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030. Executive Order B-55-18 establishes a carbon neutrality goal for California by 2045; and sets a goal to maintain net negative emissions thereafter.

Assembly Bill 1493, Pavley Clean Cars Standards
In July 2002, the Legislature enacted AB 1493 (Pavley Bill), which requires the maximum feasible reduction of GHGs emitted by passenger vehicles and light-duty trucks beginning with model year 2009. In September 2009, CARB adopted amendments to the Pavley standards to reduce GHG emissions from new motor vehicles through the 2016 model year. These regulations created what are commonly known as the “Pavley II standards.”
Advanced Clean Cars
In January 2012, CARB adopted an Advanced Clean Cars program aimed at reducing both smogcausing pollutants and GHG emissions for vehicles model years 2017-2025. The regulations focus on substantially increasing the number of plug-in hybrid cars and zero-emission vehicles in the vehicle fleet and on making fuels such as electricity and hydrogen readily available for these vehicle Section 4.0 Environmental Checklist
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technologies. It is expected that the Advanced Clean Car regulations will reduce GHG emissions from California passenger vehicles by about 34 percent below 2016 levels by 2025, all while improving fuel efficiency and reducing motorists’ costs.

Senate Bill 375, Sustainable Communities Strategy
SB 375, signed in August 2008, requires sustainable community strategies to be included in regional transportation plans to reduce emissions of GHGs. In 2013, the San Francisco Bay Metropolitan Transportation Commission and the Association of Bay Area Governments jointly approved Plan Bay Area, which includes the region’s Sustainable Communities Strategy and the 2040 Regional Transportation Plan. Plan Bay Area includes a target of reducing GHGs to seven percent below 2005 emissions levels by 2020, and 15 percent below 2005 levels by 2035.

California Energy Code
The California Energy Code (California Code of Regulations, Title 24, Part 6), which is incorporated into the California Building Standards Code, was first established in 1978 in response to a legislative mandate to reduce California's energy consumption. The California Energy Code is updated every three years by the California Energy Commission to allow consideration and possible incorporation of new energy efficiency technologies and construction methods.

California Green Building Standards Code
The purpose of the California Green Building Standards, which became effective on January 1, 2011, is to improve building design and construction to reduce negative environmental impacts through sustainable construction practices. The 2019 California Green Building Standards instituted mandatory and voluntary environmental performance standards for all ground-up new construction of commercial, low-rise residential uses, and state-owned buildings, as well as schools and hospitals.

Regional
Bay Area Air Quality Management District
The 2017 CEQA Guidelines include guidance on evaluating, determining significance of, and mitigating GHG impacts of projects and plans. The 2017 CEQA Guidelines include thresholds of significance that are based on AB 32 GHG emission reduction goals for the year 2020. The proposed project is expected to be operational by 2023. Therefore, BAAQMD’s thresholds do not address GHG emissions reductions needed after 2020 to keep statewide emissions on a path toward meeting the 2030 SB 32 emissions reduction target.

The 2017 CAP defines a vision for achieving ambitious GHG reduction targets for 2030 and 2050, and provides a regional climate protection strategy that will put the Bay Area on a pathway to achieve those GHG reduction targets. There are 85 control measures designed to decrease emissions of air pollutants and GHGs. The control measures that address GHG emissions include TR1: Clean Air Teleworking Initiative; TR 2: Trip Reduction Programs; TR19: Medium and Heavy-Duty Section 4.0 Environmental Checklist
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Trucks; TR 22: Construction, Freight, and Farming Equipment; BL1: Green Buildings; BL2:

Decarbonize Buildings; BL4: Urban Heat Island Mitigation; and SL1: Short-Lived Climate Pollutants.

Local
Envision San José 2040 General Plan
The General Plan includes the following policies related to GHG emissions that are applicable to the proposed project:

Policy MS-1.2 Continually increase the number and proportion of building within San José that make use of green building practices by incorporating those practices into both new construction and retrofit of existing structures.

Policy MS-2.3 Encourage consideration of solar orientation, including building placement, landscaping, design, and construction techniques for new construction to minimize energy consumption.

Policy MS-2.11 Require new development to incorporate green building practices, including those required by the Green Building Ordinance. Specifically, target reduced energy use through construction techniques (e.g., design of building envelopes and systems to maximize energy performance), through architectural design (e.g. design to maximize cross ventilation and interior daylight) and through site design techniques (e.g. orienting buildings on sites to maximize the effectiveness of passive solar design).

Policy MS-5.5 Maximize recycling and composting from all residents, businesses, and institutions in the City.

Policy MS-6.8 Maximize reuse, recycling, and composting citywide.

Policy MS-14.4 Implement the City’s Green Building Policies so that new construction and rehabilitation of existing buildings fully implements industry best practices, including the use of optimized energy systems, selection of materials and resources, water efficiency, sustainable site selection, passive solar building design, and planting of trees and other landscape materials to reduce energy consumption.

Policy LU-5.4 Require new commercial development to facilitate pedestrian and bicycle access through techniques such as minimizing building separation from public sidewalks; providing safe, accessible, convenient, and pleasant pedestrian connections; and including secure and convenient bike storage.

Policy TR-2.18 Provide bicycle storage facilities as identified in the Bicycle Master Plan.

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areas, pedestrian connections, minimization of impervious surfaces, incorporation of stormwater treatment measures, appropriate building orientations, etc.

Policy CD-3.3 Within new development, create and maintain a pedestrian-friendly environment by connecting the internal components with safe, convenient, accessible, and pleasant pedestrian facilities and by requiring pedestrian connections between building entrances, other site features, and adjacent public streets.

Policy CD-5.1 Design areas to promote pedestrian and bicycle movements and to facilitate interaction between community members and to strengthen the sense of community.

City of San José Municipal Code
The City of San José Municipal Code includes the following regulations that would reduce GHG emissions from future development:
 Green Building Ordinance (Chapter 17.84);
 Water Efficient Landscape Standards for New and Rehabilitated Landscaping (Chapter

15.10);
 Transportation Demand Programs for employers with more than 100 employees (Chapter 11.105);
 Construction and Demolition Diversion Deposit Program (Chapter 9.10); and  Wood Burning Ordinance (Chapter 9.10).

GHG Reduction Strategy
In 2020, the City adopted a Greenhouse Gas Reduction Strategy (GHGRS) that outlines the actions the City will undertake to achieve its proportional share of State greenhouse gas (GHG) emission reductions for the interim target year 2030. The 2030 GHGRS presents the City’s comprehensive path to reduce GHG emissions to achieve the 2030 reduction target, based on SB 32, BAAQMD, and OPR. Additionally, the 2030 GHGRS leverages other important City plans and policies; including the General Plan, Climate Smart San José, and the City Municipal Code in identifying reductions strategies that achieve the City’s target. CEQA Guidelines Section 15183.5 allows for public agencies to analyze and mitigate GHG emissions as part of a larger plan for the reduction of greenhouse gases. Accordingly, the City of San José’s 2030 GHGRS represents San José’s qualified climate action plan in compliance with CEQA. The City has prepared a Greenhouse Gas Reduction Strategy Compliance Checklist that, when completed, documents a project’s consistency with the GHGRS. The purpose of the checklist is to:
 Implement GHG reduction strategies from the 2030 GHGRS to new development projects; and
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 Provide a streamlined review process for proposed new development projects that are subject to discretionary review and trigger environmental review pursuant to the California Environmental Quality Act (CEQA).

Council Policy 6-32 Private Sector Green Building Policy In October 2008, the City adopted Private Sector Green Building Policy 6-32, which identifies baseline green building standards for new private construction and provides a framework for implementing these standards. This policy requires that qualifying projects achieve minimum green building performance levels using the Council adopted standards (see Table 9 in Section 4.6, Energy).

4.8.4 Impact Discussion
a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
(Less than Significant)
The 2030 Greenhouse Gas Reduction Strategy Compliance Checklist was completed for the project and is included as Appendix J, in order to demonstrate conformance with the GHGRS.

The proposed project conforms with the GHGRS for the following reasons:

1. The project is consistent with the Land Use/Transportation Diagram as Neighborhood/Community Commercial;

2. The project is required to comply with the applicable standards in the Green Building Ordinance, consistent with Policy MS-2.11;

3. The project's transportation analysis report, inclusive of a TDM program, includes measures to support General Plan Element Circulation goals and policies including planting street trees, consistent with Policy CD-2.1, as well as measures to reduce the vehicle trips generated by the project, consistent with Policy TR-7.1;

4. The project includes shaded parking areas, street trees in the pedestrian environment, and a Preliminary Stormwater Control Plan with site design and treatment control measures consistent with the Municipal Regional Stormwater (MRP) NPDES Permit, consistent with Policy CD-2.5;

5. The project is within the Winchester Boulevard Urban Village Plan and is consistent with the minimum density requirements of the pertaining Land Use/Transportation Diagram designation of Neighborhood/Community Commercial; and
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6. The project will utilize one subgrade parking level (shaded), consistent with Policy CD2.11.

The project conforms to the 2030 GHGRS and therefore, the project’s greenhouse gas emissions impacts are less than significant.

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4.9 HAZARDS AND HAZARDOUS MATERIALS

4.9.1 Hazards and Hazardous Materials Environmental Checklist Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
☐ ☐ ☒ ☐ 1
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
☐ ☒ ☐ ☐ 1, 37
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school?
☐ ☒ ☐ ☐ 1,5,
16,37
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, create a significant hazard to the public or
the environment?
☐ ☐ ☐ ☒ 1,
37,54,
55 e) For a project located within an airport land-use
plan or, where such a plan has not been adopted,
within two miles of a public airport or a publicuse airport, result in a safety hazard or excessive noise for people residing or working in the project
area?
☐ ☐ ☐ ☒ 1,3,5,16
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
☐ ☐ ☐ ☒ 1
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
☐ ☐ ☐ ☒ 1,3,62

4.9.2 Environmental Setting
The primary source for the information within this section is from the Phase I Environmental Site Assessment (environmental site assessment) prepared in October 2019 by Essel Environmental Engineering and Consulting. The full environmental site assessment can be found in Appendix F.

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Historic and Current Uses of the Site and Surrounding Areas The project site is currently developed with two buildings and includes associated parking areas and sheds. The environmental site assessment discovered that the project site was occupied by an orchard in 1939 and in 1948 it was developed with the two buildings that are present today. The project site and surrounding area was generally encompassed by the orchard until 1948 when structures and some residential uses to the north were introduced into the area. In 1956, an increase in residential development can be seen, including the addition of Fireside Drive. The previous orchard uses are still shown as present in the area east of the project site, based on the historical aerial photographs, until 1956 when the residential developments replaced the orchard land. In 1963, the area south of the project site appears to have become occupied with a structure that resembled a gasoline service station. The present-day square-shaped building south adjacent to the project site was first seen in 1974 and the other rectangular office building in 1982 (Essel Environmental Engineering and Consulting 2019, p. 14). The structures to the west of the project site, across South Winchester Boulevard, began appearing as early as 1974; the present-day office buildings to the west and church buildings to the northwest were found in photos dating back to 1982.

On-site Contamination
According to the environmental site assessment, several petroleum products and hazardous materials and wastes were found onsite. There was also minor evidence of staining was observed in the parking area of 1224 South Winchester Boulevard but was determined unlikely that the subsurface had been impacted beneath the project site (p. 28).

Airports
The closest airport, the Norman Y. Mineta San José International Airport, is located approximately three miles northeast of the project site. The site is not located within the airport influence area nor the safety zones designated by the Comprehensive Land Use Plan (CLUP). Pursuant to Federal Aviation Regulations, Part 77, proposed structures on the project site higher than approximately 90 feet above ground would require filing with the Federal Aviation Administrations (FAA) for airspace safety review. However, the proposed project includes a height of 64 feet and 7 inches and, therefore, this would not be required by the applicant.

4.9.3 Regulatory Setting
Federal
United States Environmental Protection Agency
The United States Environmental Protection Agency (EPA) was created in 1970 to serve as a singlesource collection of all federal research, monitoring, standard-setting, and enforcement activities to make sure there is appropriate protection of the environment. The EPA’s duty is to create and enforce regulations that protect the natural environment and apply the laws passed by Congress. The EPA is also accountable for establishing national criteria for various environmental programs and enforcing compliance.

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Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act enacted in 1976 governs the disposal of solid waste and hazardous materials. The Resource Conservation and Recovery Act gives the EPA the power to control the generation, transportation, treatment, storage, and disposal of hazardous substances that cannot be disposed of in ordinary landfills. It also allows for each state to apply their own hazardous waste programs instead of implementing the federal program on the condition that the state’s program is just as strict in its requirements. This state program must be permitted by the EPA in order to be used.

Occupational Safety Health Administration
The Occupational Safety Health Administration (OSHA) provides safe and healthy working environments for employers and employees in the form of an enforced list of standards as well as training, outreach, education, and assistance from the public. This list of enforced standards are listed in 29 CFR Chapter 29, Sections 1910 (General Industry) and 1926 (Construction). These standards call out the preparation of Health and Safety Plans that determine possible hazards connected to a proposed land use and may offer applicable implementation of mitigation measures.

Federal Aviation Administration
Federal Aviation Regulations, Part 77, “Objects Affecting Navigable Airspace” (FAR Part 77) sets forth standards and review requirements for protecting the airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the Federal Aviation Administration (FAA) be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways. However, as indicated previously, the proposed project would not require submitting a notice to the Federal Aviation Administration as the project would not include heights over 90 feet.

State
California Environmental Protection Agency
The California Environmental Protection Agency (Cal/EPA) was established in 1991 and is comprised of: the California Air Resources Board, the State Water Resources Control Board, the Regional Water Quality Control Board, CalRecycle, the Department of Toxic Substances Control, the Office of Environmental Health Hazard Assessment, and the Department of Pesticide Regulation. This integrated group amalgamates all of California’s environmental authority agencies into one and has led the state of California in developing and applying numerous progressive environmental policies in America. The primary goal of the Cal/EPA is to restore, protect, and enhance the environment.

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Cortese List
The Cortese list was authorized by the state legislature in 1985. A list of several types of hazardous materials is gathered by a few agencies as directed by the statute.

Government Code Section 65962.5. (a) The Department of Toxic Substances Control shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following:

1. All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code.

2. All land designated as hazardous waste property or border zone property pursuant to Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code.

3. All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposals on public land.

4. All sites listed pursuant to Section 25356 of the Health and Safety Code.

All sites included in the Abandoned Site Assessment Program. Government Code Section 65962.5. (c) The State Water Resources Control Board shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following:

1. All underground storage tanks for which an unauthorized release report is filed pursuant to Section 25295 of the Health and Safety Code.

2. All solid waste disposal facilities from which there is a migration of hazardous waste and for which a California regional water quality control board has notified the Department of Toxic Substances Control pursuant to subdivision (e) of Section 13273 of the Water Code.

3. All cease and desist orders issued after January 1, 1986, pursuant to Section 13301 of the Water Code, and all cleanup or abatement orders issued after January 1, 1986, pursuant to Section 13304 of the Water Code, that concern the discharge of wastes that are hazardous materials.

The proposed project site is not on the Hazardous Waste and Substances Sites (Cortese) List (California Department of Toxic Substances Control 2019).

California Department of Toxic Control
The California Department of Toxic Control, a department of the Cal/EPA, is the primary agency in California for regulating hazardous waste, cleaning up existing contamination, and finding ways to reduce the amount of hazardous waste produced in California. The California Department of Toxic Control regulates hazardous waste primarily under the authority of the Federal Resource Section 4.0 Environmental Checklist
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Conservation and Recovery Act and the California Health and Safety Code (primarily Division 20, Chapters 6.5 through 10.6, and Title 22, Division 4.5). Other laws that affect hazardous waste are specific to handling, storage, transportation, disposal, treatment, reduction, cleanup, and emergency planning.

California Office of Emergency Services
The California Office of Emergency Services was officially established in 1970. In 2013, it merged with the Office of Public Safety Communications where it is now operating as an agency that addresses the risks and threats to the public, property, economy, and environment. A broader mission of this office is to run multiple programs that assist the state’s stakeholders and protect communities. One of the main responsibilities of the Office of Emergency Services is to regulate the statewide standards of hazardous materials. The office requires general information of how the hazardous materials are going to be handled, used, stored, or disposed of for the accessibility of public safety officers and regulatory agencies. The regulations are discussed in Chapter 6.95 of the California Health and Safety Code, Article 1, Hazardous Materials Release Response and Inventory Program and Article 2, Hazardous Materials Management.

California Occupational Safety and Health Administration The California Occupational Safety and Health Administration (Cal/OSHA) is the main agency in control of the safety of workers regarding the handling and use of hazardous pollutants in the workplace. Generally, the State’s regulations are much stricter than the federal regulations. A comparison of Cal/OSHA and Federal OSHA programs is provided within a fact sheet provided by the California Department of Industrial Relations.

California Environmental Protection Agency Unified Program The Cal/EPA Unified Program protects the residents of California from hazardous waste and materials through conditions, permits, inspections, and implementations. The Unified Program consists of 81 certified local government agencies, acknowledged as the Certified United Program Agencies, which implement governing criteria generated by five different state agencies.

Hazardous Materials Transportation Regulations
The State of California has adopted the U.S. Department of Transportation regulations for the transporting of hazardous materials within the boundary of the State. All hazardous waste transporters in the State are required to register with the Department of Toxic Substances Control and shall meet all regulations put forth by: the California Highway Patrol, the California State Fire Marshal, and the United States Department of Transportation. Furthermore, the hazardous waste transporters are required to meet the regulations set forth in the California Code of Regulations (Division 20, Chapter 6.5, Article 6 and 13).

California Accidental Release Prevention Program
A California Accidental Release Prevention Program is a program that the owner or operator of a stationary source develops, which provides information such as regulated pollutants held on the site, Section 4.0 Environmental Checklist
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what the magnitude is if there is an accidental release of the regulated pollutant, what the emergency response program is for the stationary source, and a hazard analysis. Additional information is required and can be found in the California Health and Safety Code, Chapter 6.95, Article 2, Sections 25531 to 25543.3. The idea behind this program is to offer data that could be helpful to first responders as they actively stop the release of a hazardous substance in the area that would threaten the lives of the public or the surrounding environment.

Local
Emergency Operations and Evacuation Plans
The City of San José’s Emergency Operations Plan includes standard operating procedures for flood events, heat waves, off-airport aviation accidents, power outages, terrorism, and urban/wildland interface fires. The Citywide Emergency Evacuation Plan sets forth the responsibilities of City personnel and coordination with other agencies to ensure the safety of San José citizens in the event of a fire, geologic, or other hazardous occurrence.

Envision San José 2040 General Plan
The General Plan contains goals and policies which seek to mitigate potential impacts from hazards and hazardous materials in the City. Applicable goals and policies include:

Policy EC-6.6 Environmental review for all proposals for new residential, park and recreation, school, day care, hospital, church or other uses that would place a sensitive population in close proximity to sites on which hazardous materials are or are likely to be located must address the likelihood of an accidental release, the risks posed to human health and for sensitive populations, and mitigation measures, if needed, to protect human health.

Policy EC-7.1 For development and redevelopment projects, require evaluation of the proposed site’s historical and present uses to determine if any potential environmental conditions exist that could adversely impact the community or environment.

Policy EC-7.2 Identification of existing soil, soil vapor, groundwater and indoor air contamination and mitigation for identified human health and environmental hazards to future users shall be provided as part of the environmental review process for all development and redevelopment projects. Mitigation measures for soil, soil vapor and groundwater contamination shall be designed to avoid adverse human health or environmental risk, in conformance with regional, state and federal laws, regulations, guidelines and standards.

Policy EC-7.4 On redevelopment sites, the presence of hazardous building materials shall be determined during the environmental review process or prior to project approval. Mitigation and remediation of hazardous building materials, such as leadpaint and asbestos-containing materials, shall be implemented in accordance with state and federal laws and regulations.

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Policy EC-7.5 On development and redevelopment sites, all sources of imported fill shall have adequate documentation that it is clean and free of contamination and/or acceptable for the proposed land use considering appropriate environmental screening levels for contaminants. Disposal of groundwater from excavations on construction sites shall comply with local, regional, and state requirements.

Policy EC-7.11 Require sampling for residual agricultural chemicals, based on the history of land use, on sites to be used for any new development or redevelopment to account for worker and community safety during construction. Mitigation to meet appropriate end use such as residential or commercial/industrial shall be provided.

Policy CD-5.8 Comply with applicable Federal Aviation Administration regulations identifying maximum heights for obstructions to promote air safety.

4.9.4 Impact Discussion
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Less than Significant)
The proposed project is the development of a hotel structure, which would not involve the routine transport, use, or disposal of hazardous materials or waste. The proposed development may use small quantities of miscellaneous household cleaning supplies and other chemicals but not to the amount that significant hazards to the public or environment would occur. In addition, construction of the project site would result in the transport of materials on and offsite, but is not expected to contain any hazardous materials. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
(Less than Significant with Mitigation)
The Environmental Site Assessment, prepared for the site, determined the following (p. 32):
 No recognized environmental condition is identified in connection with the Site;  No controlled recognized environmental condition is associated with the Site;  No historical recognized environmental condition is present in connection with the Site; and
 No de minimis environmental condition is present in connection with the Site.

The environmental site assessment found no evidence of a recognized environmental condition on the project site; therefore, the proposed project is not expected to create a significant hazard Section 4.0 Environmental Checklist
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to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

However, aerial photographs from the environmental site assessment indicate that the subject property had an agricultural history from at least the 1930’s to the early 1940’s. Since the early 1800’s arsenic containing insecticides and organochlorine pesticides were applied to crops in the normal course of farming operations. Lead arsenate was extensively used up until the 1960’s and organochlorine pesticides were used between the 1940’s and 1980’s. It is not uncommon to find residual agricultural chemicals in the soil of properties with an agricultural history in San José. In accordance with Envision San Jose 2040 General Plan Policy EC-7.11, the following mitigation measure is required to reduce significant impacts related to significant hazards to the public or environment created as a result of construction of the project site.

IMPACT HAZ-1: The project site was historically used for agricultural purposes and there is potential for residual agricultural chemicals to be found in the soil.

Mitigation Measure
HAZ-1 Prior to issuance of grading permits, shallow soil samples will be taken in the near surface soil in the proposed project area and tested for organochlorine pesticides and pesticidebased metals arsenic and lead to determine if contaminants from previous agricultural operations occur at concentrations above established construction worker safety and commercial/industrial standard environmental screening levels. The result of soil sampling and testing will be provided to the City’s Supervising Planner and Municipal Environmental Compliance Officer for review.

If pesticide contaminated soils, are found in concentrations above the appropriate regulatory environmental screening levels for the proposed project the applicant shall obtain regulatory oversight from the Santa Clara County Department of Environmental Health under their Site Cleanup Program. The regulatory agency may require development of a Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document which must be prepared by a qualified environmental professional.

The plan must establish remedial measures and/or soil management practices to ensure construction worker safety and the health of future workers and visitors. The Plan and evidence of regulatory oversight shall be provided to the Supervising Environmental Planner of the City of San José Planning, Building, and Code Enforcement, and the Environmental Compliance Officer in the City of San José’s Environmental Services Department.

Based on the date of construction of the existing buildings on the project site (one constructed in 1948 and the other constructed in 1940), asbestos-containing materials and/or lead-based paint may be present in building materials. Demolition and construction of the proposed project could result in the release of the hazardous materials into the environment; the following standard permit conditions would reduce impacts due to the presence of ACMs or lead-based paints.

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Standard Permit Conditions
 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 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.
o 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.
o 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.
o 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 Conformance with the standard permit conditions listed above would ensure that hazardous building materials such as asbestos and lead-based paint associated with the on-site structures are treated, removed, and properly disposed of in accordance with state and federal regulatory requirements.

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c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
(Less than Significant with Mitigation)
The nearest school, Castlemont Elementary School, is located approximately 0.13 miles southeast of the project site. However, aerial photographs from the environmental site assessment indicate that the subject property had an agricultural history thereby resulting in a potential to find residual agricultural chemicals in the site’s soil. The mitigation presented in checklist question b) above is required to reduce significant impacts. Therefore, the proposed project’s potential to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school would be reduced to a less-than-significant level with implementation of Mitigation Measure HAZ-1.
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, create a significant hazard to the public or the environment?
(No Impact)
The proposed project site is not on the Hazardous Waste and Substances Sites (Cortese) List (California Department of Toxic Substances Control 2019).

The State Water Resources Control Board’s GeoTracker indicates several closed leaking underground storage tank clean-up sites within 1,000 feet of the project site, the nearest being approximately 620 feet northwest of the site. Two permitted underground storage tanks were also identified approximately 650 feet southwest of the project site (at the Chevron Gas Station located on the corner of South Winchester Boulevard and Payne Avenue). None of these abovementioned sites would create a significant impact to the public or the environment as a result of the development of the proposed project (State Water Resources Control Board 2020).

The project site is also not listed on the California Environmental Protection Agency’s list of solid waste sites identified by the Water Board with waste constituents above hazardous waste levels outside the waste management unit (California Environmental Protection Agency 2020). e) For a project located within an airport land-use plan or, where such a plan has not been adopted, within two miles of a public airport or a public-use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
(No Impact)
The project site is not located within an airport land-use plan or within two miles of a public or public-use airport, nor would the project be subject to FAA airspace safety review pursuant to Section 4.0 Environmental Checklist
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FAR Part 77. Therefore, the project would not result in a safety hazard or excessive noise for people residing or working in the project area.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
(No Impact)
The project would be designed to incorporate all Fire and Building Code requirements. The proposed infill development would not create any barriers to emergency or other vehicle movement in the area. Development of the proposed project would not physically interfere with an adopted emergency response or evacuation plan.
g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? (No Impact)
The project site is located within an urbanized area of San José and is surrounded by existing urban development. According to Cal Fire maps, the project site is identified as not being within a very high fire hazard zone (Cal Fire 2018). Therefore, development of the proposed project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires.

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4.10 HYDROLOGY AND WATER QUALITY

4.10.1 Hydrology and Water Quality Environmental Checklist Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
☐ ☐ ☒ ☐ 1,2,3,4,5
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
☐ ☐ ☒ ☐ 1,3,11,
21 c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of
the course of a stream or river or through the
addition of impervious surfaces, in a manner
which would:

1. Result in substantial erosion or siltation on- or
off-site;
☐ ☐ ☒ ☐ 1,3,9

2. Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site;
☐ ☐ ☒ ☐ 1,3,9

3. Create or contribute run-off water, which would
exceed the capacity of existing or planned storm
water drainage systems or provide substantial
additional sources of polluted run-off; or
☐ ☐ ☒ ☐ 1,3,9

4. Impede or redirect flood flows? ☐ ☐ ☒ ☐ 1,3,9
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
☐ ☐ ☒ ☐ 1,3,5,16
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
☐ ☐ ☐ ☒ 1,3,5,11,
16,18,
52 4.10.2 Environmental Setting
The Santa Clara Valley Groundwater Basin is the source for all groundwater in the County and is divided into three sub-basins: Santa Clara Valley, Coyote Valley, and Llagas. The project site is located within the Santa Clara Valley sub-basin and the San Tomas watershed. The site is in FEMA Flood Zone D, which means that there is no analysis of flood hazards. The site is located within the Lexington dam failure inundation area, as identified on the General Plan EIR’s Figure 3.7-5.

The site is flat and onsite stormwater either infiltrates the existing landscaped areas of the project site or drain to the City’s existing 18-inch storm drain system in South Winchester Boulevard.

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4.10.3 Regulatory Setting
Federal/State
Clean Water Act
The federal Clean Water Act was established “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The Clean Water Act regulates discharges of pollutants into the waters of the United States. It provides the United States Environmental Protection Agency the authority to implement pollution control programs. The Clean Water Act also sets water quality standards for contaminants in surface waters and makes it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit is obtained.

NPDES Waste Discharge Regulations
The federal Clean Water Act established the National Pollutant Discharge Elimination System (NPDES) program to protect water quality of receiving waters. Clean Water Act Section 402 prohibits discharge of pollutants to receiving waters unless the discharge is in compliance with an NPDES permit. The United States Environmental Protection Agency has determined that California’s water pollution control program has sufficient authority to manage the NPDES program under California law in a manner consistent with the Clean Water Act. Therefore, implementation and enforcement of the NPDES program is conducted through the State Water Resources Control Board and the nine Regional Water Quality Control Boards (regional boards). Refer to the State and Regional regulatory setting.

Federal Emergency Management Agency Flood Insurance Program The Federal Emergency Management Agency (FEMA) administers programs to address flood hazards. FEMA manages the National Flood Insurance Program for this purpose. The program provides federal flood insurance and federally financed loans for property owners in flood prone areas. For this purpose, FEMA produces Flood Insurance Rate Maps (FIRMs) that define areas subject to inundation by flooding. Protective controls that must be implemented by project applicants to reduce flood hazards and damage to projects they propose are generally incorporated onto a flood hazard management program and General Plan policies of local jurisdictions. These tools assist cities in mitigating flooding hazards through land use planning and building permit requirements that must be implemented by applicants for projects located in specific flood hazard areas.

Regional/Local
Valley Water (Santa Clara Valley Water District)
The Santa Clara Valley Water District (SCVWD) operates as the flood control agency for Santa Clara County. Their stewardship also includes creek restoration, pollution prevention efforts, and groundwater recharge. The SCVWD requires permits for all well construction and destruction work, most exploratory boring for groundwater exploration, and projects occurring on any SCVWD property or easement. Permits are required under the SCVWD’s Water Resources Protection Section 4.0 Environmental Checklist
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Ordinance and the District Well Ordinance. The SCVWD along with 15 cities, the county and business, agriculture, streamside property owner and environmental interests set up the Water Resources Protection Collaborative, which has prepared and adopted Guidelines and Standards for Land Use Near Streams: A Manual of Tools, Standards, and Procedures to Protect Streams and Streamside Resource in Santa Clara County.

Santa Clara Basin Watershed Management Plan
The Santa Clara Basin Watershed Management Plan (watershed management plan) implements the basin plan in the Santa Clara Basin. The watershed management plan consists of three reports prepared by the Santa Clara Basin Watershed Management Initiative: Watershed Characteristics Report, Watershed Assessment Report, and Watershed Action Plan. The Santa Clara Basin Watershed Management Initiative vision includes contiguous habitat within and along creeks, undeveloped floodplains, protection of aquatic animals from pollutants, drainage systems that treat run-off, and efficient use and re-use of water. Two Watershed Action Plan objectives relevant to the proposed project are inclusion of the Santa Clara Basin Watershed Management Initiative visions in specific plans, and retention/detention/treatment of storm water run-off.

Hydromodification Management Plan
This report, prepared by the Santa Clara Valley Urban Runoff Pollution Prevention Program, provides background, methodologies, and standards for developing hydromodification plans. The Santa Clara Valley Urban Runoff Pollution Prevention Program maintains a set of maps that establish those areas for which a hydromodification plan is required for development projects.

Hydromodification plans are incorporated as part of the other programs established to ensure water quality. The project site is not located in an area defined by the Santa Clara Valley Urban Runoff Pollution Prevention Program as being located where a hydromodification plan is required.

According to the City’s Public GIS Viewer, the project site is within the hydromodification management zone identified as Catchments Draining to Hardened Channel and/or Tidal Areas; therefore, the proposed project would not be required to comply with the hydromodification requirements of the Municipal Regional Stormwater NPDES Permit.

National Pollutant Discharge Elimination System General Permit for Construction Activities The State Water Resources Control Board has implemented a National Pollutant Discharge Elimination System (NPDES) General Construction Permit for the State of California. Dischargers whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit – Order 2009-0009-DWQ, and as amended by 2010-0014-DWQ and 2012-0006-DWQ). Construction activity subject to this permit includes clearing, grading, and ground disturbances such as stockpiling or excavation. In order to obtain coverage under the Construction General Permit, a Notice of Intent must be filed with the Regional Water Quality Control Board, and Storm Water Pollution Prevention Plan must be developed by a certified Qualified Storm Water Pollution Prevention (SWPPP) Plan Developer prior to commencement of construction.

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Once grading begins, the Storm Water Pollution Prevention Plan must be kept on-site and updated as needed while construction progresses. The Storm Water Pollution Prevention Plan details the site-specific Best Management Practices to control erosion and sedimentation and maintain water quality during the construction phase. The Storm Water Pollution Prevention Plan also contains a summary of the structural and non-structural Best Management Practices to be implemented during the post-construction period, pursuant to the stormwater control practices and procedures encouraged by the City of San José and the Regional Water Quality Control Board.

California Green Building Standards Code
Mandatory measures under this code include preparation of a SWPPP for non-residential developments under one acre, and control of storm water run-off for residential developments under one acre (both required at a lower acreage threshold than the NPDES permit). Interior and landscape water efficiencies are required for all development.

Municipal Regional Storm Water Permit
Storm water in Santa Clara County is managed in accordance with the Municipal Regional Storm Water NPDES permit from the San Francisco Bay regional board (Permit Number R2-2009-0074, adopted on October 14, 2009, and revised on November 28, 2011). This permit regulates discharges from all municipal separate storm sewer systems in Santa Clara County, including the City. The urban runoff management program focuses on reducing pollutant transport through storm water drain systems into surface waters. In general, measures that will effectively limit storm drain pollutant discharge will also limit direct runoff of pollutants into creeks.

NPDES permit provision C.3.c requires development that creates or replaces 10,000 square feet or more of impervious surfaces to incorporate low-impact development (LID) measures including source control measures, site design features, and treatment measures to manage storm water discharge run-off flows and reduce pollutant loads. Provision C.3.d of the NPDES permit requires that storm water treatment systems meet specific numeric sizing criteria.

NPDES permit provision C.3.g requires certain new development projects to implement hydromodification measures to manage increases in storm water runoff flow and volume so post-project runoff does not exceed the pre-project runoff rates and durations. NPDES permit provision C.6 requires adoption of a construction site inspection and control program. Construction-site erosion control plans must be consistent with local requirements, including the appropriateness and adequacy of proposed Best Management Practices (BMPs) as well as verification that site operators/developers have complied with the Construction General Storm Water Permit before issuing the grading permit for a project. Inspections must be conducted to determine compliance with local grading and storm water requirements.

Provision C.14 of the NPDES permit details a control program for select contaminants to help determine whether urban runoff is a conveyance mechanism associated with impairment of San Francisco Bay by these pollutants and determine whether there are specific locations within urban watersheds where prior or current land uses contribute to discharges of these pollutants.

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The Santa Clara Valley Urban Runoff Pollution Prevention Program, an association of 13 cities and towns in Santa Clara Valley, the County of Santa Clara, and Valley Water, is the local entity within Santa Clara County responsible for implementing compliance with the Municipal Regional Storm Water NPDES permit.

City of San José Development Policy 6-29 AND Policy 8-14 The City of San José’s Development Policy 6-29 and Policy 8-14 implement the stormwater treatment requirements of Provision C3 of the Municipal Regional Stormwater NPDES Permit.

Envision San José 2040 General Plan
The General Plan contains goals and policies which seek to prevent flooding and improved water quality in the City. Applicable policies include:

Policy EC-5.1 The City shall require evaluation of flood hazards prior to approval of development projects within a Federal Emergency Management Agency (FEMA) designated floodplain. Review new development and substantial improvements to existing structures to ensure it is designed to provide protection from flooding with a one percent annual chance of occurrence, commonly referred to as the “100-year” flood or whatever designated benchmark FEMA may adopt in the future. New development should also provide protection for less frequent flood events when required by the State.

Policy EC-5.2 Allow development only when adequate mitigation measures are incorporated into the project design to prevent or minimize siltation of streams, flood protection ponds, and reservoirs.

Policy EC-5.7 Allow new urban development only when mitigation measures are incorporated into the project design to ensure that new urban runoff does not increase flood risks elsewhere.

Policy EC-5.11 Where possible, reduce the amount of impervious surfaces as a part of redevelopment and roadway improvements through the selection of materials, site planning, and street design.

Policy EC-5.16 Implement the Post-Construction Urban Runoff Management requirements of the City’s Municipal NPDES Permit to reduce urban runoff from project sites.

Policy EC-5.17 Implement the Hydromodification Management requirements of the City’s Municipal NPDES Permit to manage runoff flow and volume from project sites.

Policy MS-3.1 Require water-efficient landscaping, which conforms to the State’s Model Water Efficient Landscape Ordinance, for all new commercial, institutional, industrial, and developer-installed residential development unless for recreation needs or other area functions.

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Policy MS-3.2 Promote use of green building technology or techniques that can help reduce the depletion of the City’s potable water supply, as building codes permit. For example, promote the use of captured rainwater, graywater, or recycled water as the preferred source for non-potable water needs such as irrigation and building cooling, consistent with Building Codes or other regulations.

Policy MS-3.3 Promote the use of drought tolerant plants and landscaping materials for nonresidential and residential uses.

Policy MS-3.5 Minimize areas dedicated to surface parking to reduce rainwater that comes into contact with pollutants.

Policy MS-20.3 Protect groundwater as a water supply source through flood protection measures and the use of stormwater infiltration practices that protect groundwater quality. In the event percolation facilities are modified for infrastructure projects, replacement percolation capacity will be provided.

Policy ER-9.1 Manage stormwater runoff in compliance with the City’s PostConstruction Urban Runoff (6-29) and Hydromodification Management (8-14) Policies.

4.10.4 Impact Discussion
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? (Less Than Significant)
The proposed project has the potential to increase discharge of storm water pollutants during construction due to ground disturbance. Projects disturbing more than one acre of land during construction are required to file a notice of intent to be covered under the State NPDES Construction General Permit for discharges of storm water associated with construction activities. However, the project would only disturb 0.69-acre for the development of the proposed project and, therefore, a Construction General Permit is not required.

A development projects in the City are required to comply with the City’s Grading Ordinance whether or not the project is required to obtain a NPDES Construction General Permit. Prior to the issuance of a permit for grading activity occurring during the rainy season (October 15th to April 15th), the project shall submit to the Director of Public Works, an Erosion Control Plan detailing best management practices that shall prevent the discharge of stormwater pollutants.

Pursuant to the City requirements and the following standard Permit Conditions have been included to reduce potential construction-related water impacts:

Standard Permit Conditions:
 Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.

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 Earthmoving or other dust-producing activities would be suspended during periods of high winds.
 All exposed or disturbed soil surfaces would be watered at least twice daily to control dust as necessary.
 Stockpiles of soil or other materials that can be blown by the wind would be watered or covered.
 All trucks hauling soil, sand, and other loose materials would be covered and all trucks would be required to maintain at least two feet of freeboard.  All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites would be swept daily (with water sweepers).  Vegetation in disturbed areas would be replanted as quickly as possible.  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 may also be installed at the request of the City.

The San Francisco Bay RWQCB issued a Municipal Regional Stormwater NPDES Permit (MRP) to standardize storm water management requirements. The MRP replaces the countywide municipal storm water permits with a regional permit for bay area municipalities, including the City of San José. This permit also regulates discharges from all municipal separate storm sewer systems in Santa Clara County. Projects that add and/or replace more than 10,000 square feet of impervious surface or 5,000 square feet of specified Special Land Use Categories must comply with the MRP. Projects subject to the provisions of the MRP, which include the proposed project, must incorporate Low Impact Development (LID) storm water treatment controls (e.g., bioretention facilities) to treat all post-construction storm water runoff.

In addition to water quality controls, the MRP also has hydromodification controls, which are defined in the Hydromodification Management Plan. Projects may be deemed exempt from the MRP hydromodification controls if they do not meet the MRP size threshold, drain into tidally influenced areas or directly into the San Francisco Bay, drain into hardened channels, or are infill projects in sub-watersheds that are 65 percent or more impervious as shown on the HM Control Area Map. According to the City’s Public GIS Viewer, the project site is within the hydromodification management zone identified as Catchments Draining to Hardened Channel and/or Tidal Areas; therefore, the proposed project would not be required to comply with the hydromodification requirements of the MRP. However, the proposed project must comply with other MRP requirements to include appropriate source control, site design, and storm water treatment measures to address storm water runoff pollutant discharges and prevent increases in runoff flows.

The City requires that if a redevelopment project creates, adds or replaces more than 10,000 square feet of impervious surface that a Stormwater Management Plan must also be prepared.

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The purpose of the Stormwater Management Plan is to identify specific tasks and programs to reduce the discharge of pollutants in stormwater.

The City’s Post-Construction Urban Runoff Management Policy 6-29 requires that all new and redevelopment projects implement post-construction BMPs and Treatment Control Measures.

According to the applicant’s site development permit, the proposed project will implement the following site design and source control measures and treatment systems in order to reduce impacts associated with post-construction stormwater runoff:
 Create new pervious areas such as landscaping;
 Direct runoff from roofs, sidewalks, and patios to landscaped areas;  Parking within the proposed building;
 Implement landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, and minimizes the use of pesticides and fertilizers; and  Create a bioretention area (two LID bioretention areas proposed at the northern and southern portions of the project site).

The City will review the Stormwater Management Plan and project plans for consistency with local requirements and the appropriateness and adequacy of proposed BMPs before issuance of grading permits as part of the building permit process. BMPs must include measures for soil stabilization, sediment control, sediment tracking control, wind erosion control, and non-storm water management, and waste management and disposal control. With the required preparation and implementation of a Stormwater Management Plan and the standard measures in conformance with the MRP, the proposed project would not violate any water quality standards or waste discharge requirements or result in a significant water quality impact. The impact is less than significant and no mitigation is required. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
(Less Than Significant)
Groundwater Supplies. Water service to the project site will be provided by the Santa Clara Valley Water District (Valley Water), which receives its water supply from several locations including local groundwater, local surface water, and imported treated. In addition, there is a fourth and growing source of supply, non-potable recycled water. Groundwater remains a major source of water supply for Valley Water. The proposed project does not propose any wells or groundwater pumping. Thus, the project would not decrease groundwater supplies such that the project may impede sustainable groundwater management of the basin.

Groundwater Recharge. The project site lies within the Santa Clara Subbasin, a subbasin of the Santa Clara Valley Groundwater Basin. The water district operates and maintains 18 major groundwater recharge facilities in the Santa Clara Valley and diverts water from local reservoirs and imported water to in-stream and off-stream percolation facilities to assist with Section 4.0 Environmental Checklist
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groundwater recharge in the Santa Clara Valley. According to the General Plan EIR, development and redevelopment of new residential, commercial, or industrial uses allowed under the General Plan is not proposed to occur within any of the water district’s percolation facilities for groundwater recharge nor will it otherwise affect the operation of the percolation or recharge facilities.

Development of the proposed project could potentially interfere with groundwater recharge by increasing the area covered by impervious surfaces. The proposed project includes four onsite bioretention areas to detain storm water runoff on-site and ultimately drain to the San Francisco Bay, thereby allowing for groundwater recharge.

Implementation of the policies listed under the Regulatory subsection under Regional/Local of this section would reduce adverse impacts to groundwater recharge areas. As a result of the implementing the applicable General Plan policies supporting groundwater recharge, the proposed project would not contribute to a substantial depletion of groundwater supplies or interfere substantially with groundwater recharge. Impacts related to groundwater recharge would be less than significant.
c.1) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site?
c.2) Would the project substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
c.3) Would the project exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? c.4) Would the project impede or redirect flood flows?
(Less Than Significant)
The project site does not contain any streams or rivers. The project site is within a highly urbanized area with two buildings and associated parking area. A review of the project plans indicates that the proposed project would increase the development footprint at the project site and, therefore, the proposed project would increase impervious surfaces. Potential impacts from the increase in impervious surfaces are discussed below:

Erosion. Development of the proposed project may lead to significant siltation and/or erosion on- or off-site. However, by complying with the State’s Construction Stormwater Permit and the City’s Grading Ordinance as discussed in the standard permit conditions identified in Section 4.7, Geology/Soils, in the response to checklist question b), the project would not result in substantial erosion or siltation on or off site.

Flooding. The proposed project would drain into the four on-site drainage management areas; two additional drainage management areas are proposed but are offsite fronting South Section 4.0 Environmental Checklist
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Winchester Boulevard. The proposed stormwater drainage system intends to capture the onsite storm water within the bioretention management areas and direct it to the either the three treatment control measures located in the landscaped areas on the east side of the project site or the fourth treatment control measure located at the southwest corner of the site. The storm water captured by the four treatment control measures would be directed to the City’s existing storm drain system located in South Winchester Boulevard, which ultimately flows into the San Francisco Bay, further reducing the potentially significant impact related to flooding onor off-site to a less-than-significant level.

Runoff. The storm water from the proposed project would drain into the above-mentioned bioretention areas and be directed to the existing City storm drain system located in South Winchester Boulevard. The proposed project would use on-site Best Management Practices for treatment and infiltration, and overflow would be directed to the City’s existing storm drain system that ultimately ends up in the San Francisco Bay. Moreover, the Stormwater Control Plan includes a Treatment Control Measure Summary Table (Sheet C4.0), which illustrates that the onsite bioretention areas incorporate low-impact development storm water treatment control measures. These identified best management practices and treatment control measures would reduce the potential for the project’s contribution to runoff water that could exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff to a less-than-significant level Flood flows. As discussed under checklist question d) below, the project site is located within an area where flood hazards have not been analyzed. Development of the proposed project would result in an increase in impervious features on-site, but would not impede or redirect flood flows to a significant level that isn’t already being managed by the proposed storm water control and treatment measures proposed onsite. Therefore, impacts related to flood flows as a result of the proposed project, would be less than significant d) Would the project result in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
(Less Than Significant)
The project site is in Zone D under the FEMA Flood Zones, which means that there is no analysis of flood hazards conducted in the project site’s area. The project site is located a significant distance from the coast or any sizeable lakes or ponds, is not located nearby to steep hillsides, and its topography is flat. Therefore, the site is not located in an area subject to seiche or tsunami risk.

However, the site is located within the Lexington dam failure inundation area, as identified on the General Plan EIR’s Figure 3.7-5. The actual extent and depth of inundation in the event of a failure would depend on the volume of storage in the reservoir at the time of failure. The risks of failure are reduced by several regulatory inspection programs, and risks to people and property in the inundation area are reduced by local hazard mitigation planning. The California Department of Water Resources, Division of Safety of Dams is responsible for regular inspection of dams in California. The California Department of Water Resources and local Section 4.0 Environmental Checklist
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agencies (e.g. Valley Water) are responsible for minimizing the risks of dam failure thus avoiding the release of pollutants due to project inundation (City of José 2011, p. 545).

Pollutants typical to be released during a storm event from a mixed-use project include small quantities of miscellaneous household cleaning supplies and other chemicals that could mix with the storm water. This would be considered a significant impact, but is reduced to a less than significant level with appropriate oversight via state and local agencies who are responsible for reducing the potential for the release of pollutants due to project inundation. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
(No Impact)
The San Francisco Bay RWQCB regulates water quality in the area, including the City, in accordance with the Water Quality Control Plan or “Basin Plan”. The Basin Plan lists the beneficial uses which the RWQCB has identified for local aquifers, streams, marshes, rivers, and the Bay, as well as the water quality objectives, and criteria that must be met to protect these uses. The RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements to control water quality and protect beneficial uses. These can include permits for “point sources” such as the San José/Santa Clara Water Pollution Control Plant or “non-point sources” such as the urban runoff discharged by a City’s stormwater drainage system.

As discussed under checklist question a) above, the project developer is subject to the provisions of the MRP, as directed under the San Francisco Bay RWQCB, and must incorporate Low Impact Development (LID) storm water treatment controls (i.e. the proposed bioretention areas) to treat all post-construction storm water runoff. By complying with the MRP requirements, the proposed project would not conflict with the Basin Plan.

The Sustainable Groundwater Management Act is a State law requiring groundwater basins to be sustainable. The act enables eligible local agencies to form groundwater sustainability agencies, develop groundwater sustainability plans for designated basins in their jurisdiction by 2020, and achieve groundwater sustainability within 20 years of plan implementation.

Valley Water is the groundwater sustainability agency for Santa Clara groundwater basin. In July 2019, the Department of Water Resources approved Valley Water as the Groundwater Sustainability Agency for the Santa Clara Valley Subbasin, and also approved Valley Water’s 2016 Groundwater Management Plan as an alternative for a Groundwater Sustainability Plan.

The proposed project would not conflict with the 2016 Groundwater Management Plan because its onsite bioretention areas and treatment control measures would detain storm water runoff onsite and ultimately drain to the San Francisco Bay, thereby allowing for groundwater recharge and it would implement the policies listed under the Regulatory subsection under Regional/Local of this section in order to reduce adverse impacts to groundwater recharge areas. As concluded in the discussion under checklist question b), the proposed project would not contribute to a substantial depletion of groundwater supplies or interfere substantially with groundwater recharge, and, therefore, would not conflict with the sustainable groundwater management plan.

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4.11 LAND USE AND PLANNING

4.11.1 Land Use and Planning Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Physically divide an established community? ☐ ☐ ☐ ☒ 1,2,3,5 b) Cause any significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or
mitigating an environmental effect?
☐ ☐ ☒ ☐ 1,2,3,10,
31, 32,
40, 41,
42, 44,
61 4.11.2 Environmental Setting
As indicated in Section 2.4, Project Location, of this initial study, the project site is surrounded by residences to the north and east, and commercial development to the south and west. The project site is proposed for rezone from Single-Family Residence Zoning District (R-1-8) to Commercial Pedestrian to be consistent with the General Plan land use designation of the site. The site is also within the City’s West Valley Planning Area. The City’s Municipal Code indicates the Commercial Pedestrian zone is intended to support pedestrian oriented retail activity at a scale compatible with surrounding residential neighborhoods. This district is designed to support the goals and policies of the General Plan related to neighborhood business districts. The Commercial Pedestrian Zoning District also encourages mixed residential/commercial development where appropriate.

The General Plan designates the project site Neighborhood/Community Commercial, which is intended to support a very broad range of commercial activity, including commercial uses that serve the communities in neighboring areas, such as neighborhood serving retail and services and commercial/professional office development.

4.11.2 Regulatory Setting
Local
Envision San José 2040 General Plan
The General Plan includes Community Design Goals, Policies, and Implementation Actions that guide the form of future development in San José and help tie individual projects to the vision for the surrounding area and the city as a whole. The following policies are specific to aesthetic resources and apply to the proposed project:

Policy ES-6.1 Facilitate the development of new and promote the preservation and enhancement of existing health care facilities that meet all the needs of the entire San José community.

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Policy ES-6.2 Maintain and update the Envision General Plan Land Use Transportation / Diagram as necessary to provide sufficient opportunities for hospitals and medical care facilities to locate in San José. Consider locating health care and medical service facilities, including hospitals, in residential, commercial, Urban Village, mixed use, Downtown, Transit Employment Center, Combined Industrial/Commercial, Industrial Park, and Public/Quasi-Public designations.

Policy ES-6.3 Recognizing that health care is a regional issue that crosses jurisdictional boundaries, work with the County, non-profits, and other governmental and non-governmental organizations to ensure that adequate, affordable health care facilities are available for all San José residents.

Policy ES-6.5 Encourage new health care facilities to locate in proximity to existing or planned public transit services. Coordinate with local transit providers as part of the development review process for new health care facilities, and encourage transit providers to provide new or enhance existing public transit services to the health care facility
Policy ES-6.12 Consider strategies and incentives to attract hospitals and other health care and medical service facilities to areas of San José where a demand for those services is demonstrated in analyses prepared by county, state, or professional consultants.

Winchester Boulevard Urban Village Plan
The following goals and policies from the Urban Village Plan relate to the proposed project under this land use section of the initial study:

Goal LU-1 Support new job-generating and area-regional serving commercial development in the Winchester Urban Village by increasing the Village’s commercial building square footage by at least 85 percent, or about 600,000 square feet.

Policy 3-4 Support a variety of commercial space to accommodate the needs of small, medium, and large companies
Policy 3-15 New development along Winchester Boulevard should include ground floor commercial and/or active spaces such as lobbies fronting the street and wrapping the corner when located on a corner lot.

4.11.3 Impact Discussion
a) Would the project physically divide an established community? (No Impact)
The project site is an infill, redevelopment project and is consistent with the surrounding land uses. Therefore, the project would not physically divide an established community.

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b) Would the project cause any significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
(Less than Significant)
The project site is designated as Neighborhood/Community Commercial in the Envision San José 2040 General Plan and Winchester Boulevard Urban Village. New development within this designation should include commercial space up to 3.5 FAR. This designation is intended to accommodate a broad range of commercial uses, such as neighborhood-serving retail stores and services, commercial and professional offices and private community gathering facilities.

The proposed project would conform with the General Plan and Winchester Boulevard Urban Village’s Neighborhood/Community Commercial land use designation. The project provides 107,709.90 square feet of commercial square footage which is below the maximum 3.5 FAR.

Additional discussion of the project’s consistency with the Urban Village is located within the Aesthetics and Transportation Sections of this Initial Study.

The project has a CP Commercial Pedestrian Zoning District and the project would comply with the required development standards and parking standards set forth in the Zoning Ordinance of the Municipal Code.

Although the project site is considered urban development under the existing Habitat Plan, the proposed project is subject to the applicable Habitat Plan conditions and fees. As discussed in Section 4.4, Biological Resources, implementation of Mitigation Measure BIO-1 and the standard permit condition identified under checklist question a) and e), respectively, would reduce impacts to nesting bird habitats that may be impacted by the proposed project and ensure compliance with the City’s tree removal permitting and tree replacement requirements for ordinance-sized trees. As a result, the proposed project’s impacts on legally protected plant and wildlife species would be less than significant.

The proposed project’s design is consistent with the design standards identified in the Urban Village Plan by way of the materials used and architectural articulation on the proposed building (DS-9), the appearance of different elements in the project’s frontage through height variation and facades (DG-25 and DG-24), and the use of public art at the front of the project (Policy 4-12). Additional policies within the Urban Village Plan that the project is consistent with are identified in Section 4.1, Aesthetics, checklist question c).

The proposed project is also in compliance with the General Plan as follows: the project is within the Neighborhood/Community Commercial designation, which supports a very broad range of commercial activity, including commercial uses that serve the communities in neighboring areas, such as the project’s hotel use; General Plan Policy MS-13.1 because the project would implement the BAAQMD best management practices during all phases of construction and ground disturbance; and General Plan Policy ER-10.3, the standard permit Section 4.0 Environmental Checklist
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condition identified in Section 4.7, Geology/Soils, checklist question f) would be implemented by the project to reduce and avoid potential impacts to as yet unidentified buried unique paleontological resources.

Based on the above discussion, the hotel project would not conflict with any applicable land use plan, policy or regulation adopted for the purpose of avoiding or mitigating and environmental impact.

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4.12 MINERAL RESOURCES

4.12.1 Mineral Resources Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Result in loss of availability of a known mineral
resource that would be of value to the region and
the residents of the state?
☐ ☐ ☐ ☒ 1,2,3
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated in a local general plan, specific plan, or
other land-use plan?
☐ ☐ ☐ ☒ 1,2,3

4.12.2 Environmental Setting
According to the General Plan EIR, only one area of the City is designated by the State Mining and Geology Board under the Surface Mining and Reclamation of 1975 as containing mineral deposits.

This area, called Communications Hill, is located over five miles east of the project site.

4.12.3 Regulatory Setting
Envision San José 2040 General Plan
Chapter 3, Environmental Leadership, in the City’s General Plan sets forth sustainability goals for the City through 2040. The following mineral resources-related policies are relevant to the project :

Policy ER-11.4 Carefully regulate the quarrying of commercially usable resources, including sand and gravel, to mitigate potential environmental effects such as dust, noise and erosion.

Policy ER-11.5 When approving quarrying operations, require the preparation and implementation of reclamation plans for the contouring and revegetation of sites after quarrying activities cease.

4.12.4 Impact Discussion
a) Would the project result in loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated in a local general plan, specific plan, or other land-use plan? (No Impact)
The project site is not located in a portion of San José identified as containing mineral deposits by the City’s General Plan and is located over five miles from the only city-designated location (Communications Hill). Therefore, the project would not result in the loss of any known mineral resources.

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4.13 NOISE

4.13.1 Noise and Vibration Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or in applicable standards of other
agencies?
☐ ☒ ☐ ☐ 1,61
b) Generation of excessive ground-borne vibration
or ground borne noise levels?
☐ ☐ ☒ ☐ 1,61
c) For a project located within the vicinity of a
private airstrip or an airport land-use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public-use airport,
expose people residing or working in the project
area to excessive noise levels?
☐ ☐ ☐ ☒ 1,5,16,
61 4.13.2 Noise Fundamentals
Noise is unwanted sound that disturbs human activity. Environmental noise levels typically fluctuate over time, and different types of noise descriptors are used to account for this variability.

Noise level measurements include intensity, frequency, and duration, as well as time of occurrence.

Noise level (or volume) is generally measured in decibels (dB) using the A-weighted sound pressure level (dBA). In terms of human perception, a 5 dB increase or decrease is considered to be a noticeable change in noise levels. Additionally, a 10 dB increase or decrease is perceived by the human ear as half as loud or twice as loud. In terms of perception, generally speaking, the human ear cannot perceive an increase (or decrease) in noise levels less than 3 dB (WJV Acoustics 2020, p. 2). Quiet suburban areas typically have noise levels in the range of 40-50 dBA, while arterial streets are in the 50-60+ dBA range. Normal conversational levels are in the 60-65 dBA range, and ambient noise levels greater than 65 dBA can interrupt conversations.

Typically, noise levels attenuate (drop off) at a rate of 6 dBA per doubling of distance from point sources (such as construction equipment). Noise from lightly traveled roads typically attenuates at a rate of approximately 4.5 dBA per doubling of distance. Largely, noise from heavily traveled roads attenuates at a rate of 3 dBA per doubling of distance; while usually noise from a point source attenuates at a rate of 6 dBA per doubling of distance. Noise levels may also be reduced by the introduction of intervening structures. For example, a single row of buildings between the receptor and the noise source reduces the noise level by about 5 dBA, while a solid wall or berm that breaks the line-of-sight reduces noise levels by 5 to 10 dBA.

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In addition to the instantaneous measurement of sound levels, the duration of sound is important because sounds that occur over a long period of time are more likely to be an annoyance or cause direct physical damage or environmental stress. One of the most frequently used noise metrics that considers both duration and sound power level is the equivalent noise level (Leq). The Leq is defined as the single steady A-weighted level that is equivalent to the same amount of energy as that contained in the actual fluctuating levels over a period of time (essentially, the average noise level).

Typically, Leq is summed over a one-hour period. Lmax is the highest root mean squared sound pressure level within the measurement period, and Lmin is the lowest root mean squared sound pressure level within the measurement period.

The time period during which noise occurs is also important since nighttime noise tends to disturb people more than daytime noise. Community noise is usually measured using a Day-Night Average Level (DNL), which is the 24-hour average noise level with a 10 dBA penalty for noise occurring during nighttime (10 p.m. to 7 a.m.) hours, or Community Noise Equivalent Level (CNEL), which is the 24-hour average noise level with a 5 dBA penalty for noise occurring from 7 p.m. to 10 p.m. and a 10 dBA penalty for noise occurring from 10 p.m. to 7 a.m. Noise levels described by DNL and CNEL usually do not differ by more than 1 dB and are used interchangeably in practice.

4.13.3 Vibration
Vibration is a unique form of noise because its energy is carried through buildings, structures, and the ground, whereas sound is simply carried through the air. Thus, vibration is generally felt rather than heard. Some vibration effects can be caused by noise (e.g., the rattling of windows from passing trucks). This phenomenon is caused by the coupling of the acoustic energy at frequencies that are close to the resonant frequency of the material being vibrated. Typically, ground-borne vibration generated by manmade activities attenuates rapidly as distance from the source of the vibration increases. The ground motion caused by vibration is measured as peak particle velocity (PPV) in inches per second (PPV [in/sec]) and is measured in vibration decibels (VdB).

Although PPV is appropriate for evaluating the potential for building damage, it is not always suitable for evaluating human response. It takes some time for the human body to respond to vibration signals. In a sense, the human body responds to average vibration amplitude/decibels. The vibration velocity level threshold of perception for humans is approximately 65 VdB. A vibration velocity of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels for many people. Most perceptible indoor vibration is caused by sources inside buildings such as the operation of mechanical equipment, movement of people, or the slamming of doors. Typical outdoor sources of perceptible ground-borne vibration are construction equipment, steel-wheeled trains, and traffic on rough roads.

Construction vibration is generally assessed in terms of PPV. The relationship of PPV to VdB is expressed in terms of the “crest factor,” defined as the ratio of the PPV amplitude to the VdB amplitude. Typically, PPV is a factor of 1.7 to 6 times greater than VdB.

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4.13.4 Environmental Setting
The 1212 & 1224 Winchester Boulevard Hotel San Jose, California Environmental Noise Assessment (noise assessment), dated September 17, 2020 and prepared for the proposed project determined if significant noise impacts would be produced by the proposed project and described mitigation measures for noise if significant impacts were determined. The noise assessment was prepared by WJV Acoustics, Inc. and can be found in Appendix G.

Existing ambient noise levels in the project vicinity are dominated by traffic noise along local roadways adjacent to and within the vicinity of the project site, specifically South Winchester Boulevard. Additional sources of noise during site inspection included aircraft overflights, birds, barking dogs, construction activities, and landscaping activities (WJV Acoustics 2020, p. 8).

WJV Acoustics conducted measurements of existing ambient noise levels in the project vicinity from a total of eight different locations; two sites, located at the rear (in the backyard) of 1212 South Winchester Boulevard approximately 185 feet from the center of the roadway and in front of 1212 South Winchester Boulevard at a distance of approximately 90 feet from the center of the roadway, which were measured for long-term (24-hour) ambient noise levels. Both sides were exposed to traffic noise associated with vehicles on South Winchester Boulevard and noise associated with aircraft overflights and residential activities. The remaining six sites, located adjacent to or in close proximity to Winchester Boulevard, measured short-term (15-minute) ambient noise levels (refer to Figure 9, Project Vicinity and Ambient Noise Monitoring Sites, which provides a visual of the exact locations).

Measured hourly energy average noise levels at the long-term site located at the rear of 1212 South Winchester Boulevard ranged from a low 40.9 dB between 1:00 AM and 2:00 AM to a high of 51.7 dB between 7:00 AM to 8:00 AM. The maximum hourly noise levels at this site ranged from 52.7 to

74.6 dB with residual noise levels (or background noise in the absence of identifiable single noise events such as traffic, aircraft, and other local noise sources) at 53.1 dB. The measured hourly energy average noise levels at the long-term site located onsite fronting Winchester Boulevard ranged from a low 53.2 dB between 3:00 AM to 4:00 AM to a high of 66.6 dBA between 7:00 AM and 8:00 AM. The maximum hourly noise levels at this site ranged from 71.5 to 93.6 dB with residual noise levels ranging from 41.5 to 54.7 dB. Refer to the Figure 10, Summary of Short-Term Noise Measurement Data.

All six of the short-term monitoring sites were exposed to noise from traffic sources, various combinations of construction noise sources, aircraft overflights, and other sources typical of an urban residential environment (i.e., barking dogs, birds, landscaping activities, etc.). The overall noise measurement data, according to the noise assessment, indicate that noise in the project vicinity is highly influenced by vehicular traffic on South Winchester Boulevard. The highest level of noise for the short-term measurement sites was the location in the parking lot of the commercial building, A Grace Subacute & Skilled Care, south of the project site (identified as ST-6 in the noise assessment).

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4.13.5 Regulatory Setting
State
California Building Code
The California Green Building Standards Code (CalGreen) requires that wall and roof-ceiling assemblies exposed to the adjacent roadways have a composite Sound Transmission Class (STC) rating of at least 50 or a composite Outdoor-Indoor Transmission Class (OITC) rating of no less than 40, with exterior windows of a minimum STC of 40 or OITC of 30 when the commercial property falls within the 65 dBA Ldn noise contour for a freeway or expressway, railroad, industrial source or fixed-guideway noise source. The state also requires interior noise levels to be maintained at 50 dBA Leq (1-hr) or less during hours of operation at a proposed office building.

Regional/Local
General Plan
The General Plan includes goals and policies pertaining to noise and vibration. Community Noise Levels and Land Use Compatibility (commonly referred to as the Noise Element) of the General Plan utilizes the DNL descriptor and identifies interior and exterior noise standards for various land uses. The General Plan includes the following criteria for land use compatibility and acceptable exterior noise levels in the City based on land use types. Refer to Figure 11, Project Vicinity and Ambient Noise Monitoring Sites.

Additionally, policies in the General Plan have been adopted for the purpose of mitigating or avoiding noise and vibration impacts from future development. Policies applicable to the project are listed below:

Policy EC‐1.1 Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state and City noise standards and guidelines as a part of new development review. Applicable standards and guidelines for land uses in San José include:

Interior Noise Levels
 The City’s standard for interior noise levels in residences, hotels, motels, residential care facilities, and hospitals is 45 dBA DNL. Include appropriate site and building design, building construction and noise attenuation techniques in new development to meet this standard. For sites with exterior noise levels of 60 dBA DNL or more, an acoustical analysis following protocols in the City‐adopted California Building Code is required to demonstrate that development projects can meet this standard. The acoustical analysis shall base required noise attenuation techniques on expected Envision General Plan traffic volumes to ensure land use compatibility and General Plan consistency over the life of this plan.
n Jose) 9-17-20 19
Project Site Source: WJV Acoustics 2021
Figure 9
1212-1224 South Winchester Boulevard Hotel Initial Study Project Vicinity and
Ambient Noise Monitoring Sites
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19-041 (Winchester Hotel Project, San Jose) 9-17-20 9
between 3:00 a.m. and 4:00 a.m. to a high of 66.6 dBA between 7:00 a.m. and 8:00 a.m. Hourly maximum (Lmax) noise levels at site LT-2 ranged from 71.5 to 93.6 dB. Residual noise levels at the monitoring site, as defined by the L90, ranged from 41.5 to 54.7 dB. The measured Ldn value at site LT-2 during the 24-hour noise measurement period was 66.5 dB Ldn. Figure 4 graphically depicts hourly variations in ambient noise levels at the LT-2 long-term monitoring site as well as a site photograph.

The short-term site noise measurement data included energy average (Leq) maximum (Lmax) as well as five (5) individual statistical parameters. Observations were made of the dominant noise sources affecting the measurements. The statistical parameters describe the percent of time a noise level was exceeded during the measurement period. Table III summarizes short-term noise measurement results.

TABLE III

SUMMARY OF SHORT-TERM NOISE MEASUREMENT DATA
1212 & 1224 WINCHESTER HOTEL PROJECT

SAN JOSE, CALIFORNIA
SEPTEMBER 19 & 20, 2019
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>ĞƋ >ŵĂdž >Ϯ >ϴ >Ϯϱ >ϱϬ >ϵϬ
ST-1 8:15 a.m. 50.1 63.4 56.7 54.0 51.4 49.3 45.2 TR, L ST-1 2:45 p.m. 47.8 55.4 53.3 51.1 48.4 46.8 44.3 TR, V ST-2 8:35 a.m. 68.1 77.7 74.0 71.2 68.8 63.7 53.4 TR
ST-2 3:05 p.m. 67.3 73.6 73.2 72.2 69.0 65.2 52.7 TR, C ST-3 9:00 a.m. 60.1 72.6 67.0 62.1 60.1 55.2 51.0 TR, AC ST-3 3:30 p.m. 59.8 70.1 66.7 64.3 61.2 56.6 50.4 TR
ST-4 9:20 a.m. 62.8 72.4 67.4 63.1 58.9 56.7 52.9 TR
ST-4 3:50 p.m. 63.1 71.4 68.9 65.7 60.5 58.8 53.2 TR, AC ST-5 9:40 a.m. 55.5 72.1 64.4 67.1 52.5 43.2 41.9 TR, V, B ST-5 4:10 p.m. 53.5 70.4 63.9 56.1 50.5 44.8 41.8 TR, B, D ST-6 10:05 a.m. 56.7 77.5 64.9 52.4 50.3 48.0 46.0 TR, C, D ST-6 4:35 p.m. 55.4 78.8 63.2 50.5 48.6 47.4 45.6 TR, V TR: Traffic AC: Aircraft V: Voices B: Birds R: L: Landscaping Activities C: Construction D: Barking Dogs Source: WJV Acoustics, Inc.

Short-term noise measurements were conducted for 15-minute periods. Sites ST-1, ST-5 and ST-6 were located in residential areas not immediately adjacent to S. Winchester Boulevard, and were therefore exposed to lower noise levels than sites ST-2, ST-3 and ST-4, which were located immediately adjacent to S. Winchester Boulevard. All of the six short-term monitoring sites were exposed to noise from traffic sources as well as various combinations of construction noise sources, aircraft overflights and other sources typical of an urban residential environment (barking dogs, birds, landscaping activities, etc.).

Project Site
Source: WJV Acoustics 2021
Figure 10
1212-1224 South Winchester Boulevard Hotel Initial Study Summary of Short-Term Noise Measurement Data
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Ͳϭ͘ϮMinimize the noise impacts of new development on land uses sensitive to increased noise levels (Categories 1, 2, 3 and 6) by limiting noise generation and by requiring use of noise attenuation measures such as acoustical enclosures and sound barriers, where feasible. The City considers significant noise impacts to occur if a project would:
• Cause the DNL at noise sensitive receptors to increase by five dBA DNL or more where the noise levels would remain “Normally Acceptable"
• Cause the DNL at noise sensitive receptors to increase by three dBA DNL or more where the noise levels would equal or exceed the “Normally Acceptable” level.

Ͳϭ͘ϯMitigate noise generation of new nonresidential land uses to 55 dBA DNL at the property line when located adjacent to existing or planned noise sensitive residential and public/quasi Project Site
Source: WJV Acoustics 2021
Figure 11
1212-1224 South Winchester Boulevard Hotel Initial Study Land Use Compatibility Guidelines
for Community Noise in San José
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Exterior Noise Levels
 The City’s acceptable exterior noise level objective is 60 dBA DNL or less for residential and most institutional land uses (Table EC‐1). The acceptable exterior noise level objective is established for the City, except in the environs of the San José International Airport and the Downtown, as described below:
 For new multi‐family residential projects and for the residential component of mixed‐use development, use a standard of 60 dBA DNL in usable outdoor activity areas, excluding balconies and residential stoops and porches facing existing roadways. Some common use areas that meet the 60 dBA DNL exterior standard will be available to all residents. Use noise attenuation techniques such as shielding by buildings and structures for outdoor common use areas. On sites subject to aircraft overflights or adjacent to elevated roadways, use noise attenuation techniques to achieve the 60 dBA DNL standard for noise from sources other than aircraft and elevated roadway segments.

Policy EC‐1.2 Minimize the noise impacts of new development on land uses sensitive to increased noise levels (Categories 1, 2, 3 and 6 in Table EC-1) by limiting noise generation and by requiring use of noise attenuation measures such as acoustical enclosures and sound barriers, where feasible. The City considers significant noise impacts to occur if a project would:
 Cause the DNL at noise sensitive receptors to increase by five dBA DNL or more where the noise levels would remain “Normally Acceptable"  Cause the DNL at noise sensitive receptors to increase by three dBA DNL or more where the noise levels would equal or exceed the “Normally Acceptable” level.

Policy EC‐1.3 Mitigate noise generation of new nonresidential land uses to 55 dBA DNL at the property line when located adjacent to existing or planned noise sensitive residential and public/quasi public land uses.

Policy EC‐1.7 Require construction operations within San José to use best available noise suppression devices and techniques and limit construction hours near residential uses per the City’s Municipal Code. The City considers significant construction noise impacts to occur if a project located within 500 feet of residential uses or 200 feet of commercial or office uses would:
 Involve substantial noise generating activities (such as building demolition, grading, excavation, pile driving, use of impact equipment, or building framing) continuing for more than 12 months.

For such large or complex projects, a construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting or notification of construction schedules, and designation of a noise disturbance coordinator who would respond to neighborhood complaints will be required to be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses.

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Policy E-2.3 Require new development to minimize vibration impacts to adjacent uses during demolition and construction. For sensitive historic structures, a vibration limit of 0.08 in/sec PPV (peak particle velocity) will be used to minimize the potential for cosmetic damage to a building. A vibration limit of 0.20 in/sec PPV will be used to minimize the potential for cosmetic damage at buildings of normal conventional construction.

City Municipal Code
Table 10, Zoning Ordinance Noise Standards, which is from the San José Zoning Ordinance, presents the maximum noise levels allows for various land use types. The sound pressure level generated by any use or combination of uses on a property shall not exceed the decibel levels indicated in the table at any property line, except upon issuance and in compliance with a Special Use Permit as provided in Chapter 20.100.

Table 10 Zoning Ordinance Noise Standards
Land Use Types Maximum Noise Levels in Decibels at Property Line Residential, open space, industrial or commercial
uses adjacent to a property used or zoned for
residential purposes
55 Open space, commercial, or industrial use adjacent
to a property used or zoned for commercial
purposes or other non-residential uses
60 Industrial use adjacent to a property used or zoned
for industrial use or other use other than
commercial or residential purposes
70 SOURCE: City of San José Zoning Ordinance
Chapter 20.100.450 of the Municipal Code establishes allowable hours of construction within 500 feet of a residential unit between 7:00 AM and 7:00 PM, Monday through Friday, unless permission is granted with a development permit or other planning approval.

4.13.6 Impact Discussion
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in applicable standards of other agencies? (Less Than Significant with Mitigation)
The following addresses the permanent operational and temporary construction increase in ambient noise levels in excess of applicable standards in the project’s vicinity. The noise and vibration effects associated with the project are described below and based on the noise study (see Appendix G).

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Operational Noise Impacts (Permanent Noise Sources)
Project-related Traffic Noise (Less than Significant). Project-related significant impacts would occur if an increase in traffic noise associated with the project would result in noise levels exceeding the City’s applicable noise level standards at the locations of sensitive receptors (residences). A significant impact is also assumed to occur if traffic noise levels were to increase by three dBA at sensitive receptor locations where noise levels already exceed the City’s applicable noise level standards (without the project), as three dBA generally represents the threshold of perception in change for the human ear.

The project’s traffic noise analysis focused on impacts to residential land uses, as they represent the most restrictive noise level criteria by land use type provided in the General Plan.

The noise assessment is based upon the project-related traffic data provided by Hexagon Transportation Consultants who prepared the 1212 South Winchester Hotel Development – Transportation Analysis for the proposed project (refer to Section 4.17, Transportation/Traffic). The City’s exterior noise level standard for residential land uses is 60 dBA DNL. Traffic noise was modeled at eight receptor locations (denoted as “R- #”) located at roadway setback distances representative of the sensitive receptors (residences) along each analyzed roadway segment. The receptor locations are shown on Figure 12, Locations of Modeled Traffic Noise Receptors.

Table IV in the noise assessment (Appendix G, and shown in Figure 13, Project-Related Increases in Traffic Noise) shows that existing noise levels would not increase with the addition of project traffic. Therefore, the proposed project would have no permanent trafficrelated noise impact as the project would not increase noise levels.

Project Noise Levels During Operation (Less than Significant). Sources of operational noise from the proposed project include parking lot vehicle movements, outdoor human activity, and mechanical/HVAC rooftop systems. The proposed project does not include loading docks or trash compactors, but is anticipated to include approximately one to two truck deliveries per day. The drop-off area is proposed south of the parking access entry area where smaller trucks would utilize during deliveries. If larger truck deliveries were to occur, they would likely park along South Winchester Boulevard in front of the site.

According to the noise assessment, slow moving trucks would be expected to produce noise levels in the range of 71-77 dBA at a distance of 50 feet. The range in measured truck noise levels is due to differences in the size of trucks, their speed of movement and whether they have refrigeration units in operation during the pass‐by. Due to the infrequent nature of truck deliveries, and truck movements within the project site itself, noise levels associated with truck movements would not exceed any noise standards at off-site sensitive receptor locations or result in an increase of existing ambient noise levels (WJV Acoustics 2020, p. 12).

Noise due to traffic in parking lots is typically limited by low speeds and is not usually considered to be significant. Human activity in parking lots that can produce noise includes voices, stereo systems, and the opening and closing of car doors and trunk lids. The noise Section 4.0 Environmental Checklist
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levels associated with these activities cannot precisely defined due to variables such as the number of parking movements, time of day and other factors. It is typical for a passing car in a parking lot to produce a maximum noise level of 60 to 65 dBA at a distance of 50 feet, which is comparable to the level of a raised voice. However, all project parking spaces would be located within the structure and under the proposed building, in the underground parking garage, and noise associated with vehicle movements would not be audible at any nearby sensitive receptor locations (WJV Acoustics 2020, p. 11).

Although not specifically shown on the applicant’s project plans, noise levels for potential for roof-mounted HVAC units were assessed to be conservative. Noise related to roof-mounted HVAC units would be in the range of 45-50 dBA at the nearest off-site residential land use.

These levels would generally not be audible above existing ambient noise levels at adjacent land uses and would not exceed any City noise level standards (p. 12). Therefore, the proposed project would have no permanent onsite operational noise impact as noise levels would not be audible.

Construction Noise (Temporary Noise Sources)
Construction activities generate considerable amounts of noise, especially during earth-moving activities when heavy equipment is used. Noise impacts resulting from construction depend upon the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between construction noise sources and noise sensitive receptors. Construction noise impacts primarily result when construction activities occur during noise-sensitive times of the day (e.g., early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise-sensitive land uses, or when construction lasts over extended periods of time. Figure 14, Typical Construction Equipment, taken from the noise assessment (Appendix G), provides the typical types of equipment that is used for construction activities along with noise levels associated with distance for each type of equipment.

Project Noise Levels During Construction (Less than Significant with Mitigation).

Pursuant to General Plan Policy EC-1.7, significant construction noise impacts would occur if a project located within 500 feet of residential uses or 200 feet of commercial or office uses would involve substantial noise generating activities (such as building demolition, grading, excavation, pile driving, use of impact equipment, or building framing) continuing for more than twelve months.

Impact N-1: Construction of the proposed project would occur within 500 feet of residential land uses and within 200 feet of office uses and would last for approximately 24 months, thereby resulting in a significant impact. The following mitigation measure is required in order to ensure temporary construction noise levels are less than significant.

Winchester Hotel Project, San Jose) 9-17-20 22
RE 5: LOCATIONS OF MODELED TRAFFIC NOISE RECEPTORS
Project Site
Project Site
Source: WJV Acoustics 2021
Figure 12
1212-1224 South Winchester Boulevard Hotel Initial Study Locations of Modeled Traffic Noise Receptors
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level standard, nor result in an increase of 3 dB in any sensitive receptor locations where noise levels already exceed the County’s noise level standard without the implementation of the project.

Project-related traffic is not expected to increase traffic noise levels at any roadway. Therefore, project-related increases in traffic noise exposure is considered to be no impact.

TABLE IV
PROJECT-RELATED INCREASES IN TRAFFIC NOISE, dB, Ldn
1212 & 1224 WINCHESTER HOTEL PROJECT
Modeled
Receptor Existing Existing Plus Project Cumulative
Cumulative
Plus Project
Change
(Maximum)
Significant
Impact?
R-1 64 64 64 64 0 No
R-2 64 64 65 65 0 No
R-3 53 53 54 54 0 No
R-4 59 59 60 60 0 No
R-5 64 64 64 64 0 No
R-6 58 58 59 59 0 No
R-7 55 55 55 55 0 No
R-8 63 63 64 64 0 No
Source: WJV Acoustics, Inc.

Hexagon Transportation Consultants
b. Noise Impacts from On-Site Noise Sources (No Impact) Sources of operational noise from the proposed hotel development would typically be limited to parking lot vehicle movements, outdoor human activity and Mechanical/HVAC systems. The project design does not include any loading docks or trash compactors. The project would incorporate 66 parking spaces, located at basement level. Access to the parking area is provided along Winchester Boulevard, at the front of the building.

Noise due to traffic in parking lots is typically limited by low speeds and is not usually considered to be significant. Human activity in parking lots that can produce noise includes voices, stereo systems and the opening and closing of car doors and trunk lids. The noise levels associated with these activities cannot be precisely defined due to variables such as the number of parking movements, time of day and other factors. It is typical for a passing car in a parking lot to produce a maximum noise level of 60 to 65 dBA at a distance of 50 feet, which is comparable to the level of a raised voiceHoweverall project parking spaces will be located within the structure of the building Project Site
Source: WJV Acoustics 2021
Figure 13
1212-1224 South Winchester Boulevard Hotel Initial Study Project-Related Increases in Traffic Noise
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TABLE V

TYPICAL CONSTRUCTION EQUIPMENT
MAXIMUM NOISE LEVELS, dBA
Type of Equipment 50 Ft. 100 Ft. 200 Ft.

Concrete Saw 90 84 78
Crane 81 75 69
Excavator 81 75 69
Front End Loader 79 73 67
Jackhammer 89 83 77
Paver 77 71 65
Pneumatic Tools 85 79 73
Dozer 82 76 70
Rollers 80 74 68
Trucks 86 80 74
Pumps 80 74 68
Scrapers 87 81 75
Portable Generators 80 74 68
Backhoe 86 80 74
Grader 86 80 74
Source: FHWA
EŽŝƐĞŽŶƚƌŽůĨŽƌƵŝůĚŝŶŐƐĂŶĚDĂŶƵĨĂĐƚƵƌŝŶŐWůĂŶƚƐ, Bolt, Beranek & Newman, 1987 Noise impacts associated with construction activities typically depend on the noise levels generated by the type of equipment in use, the duration of usage of the equipment and the distance at which the equipment is used in respect to nearby sensitive receptors. Noise impacts typically occur when construction activities occur beyond the limited hours of construction and/or within close proximity to sensitive receptors (residential land uses).

The anticipated duration of project construction was not known at the time this analysis was prepared. However, construction activities will occur within 500 feet of residential land uses and within 200 feet of office uses.

Construction noise is typically not considered to be a significant impact if construction is limited to the daytime hours and construction equipment is adequately maintained and muffled.

Extraordinary noise-producing activities (e.g., pile driving) are not anticipated. In this case, all project construction activity must be confined to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. Construction noise impacts could result in annoyance or sleep disruption for nearby Project Site
Source: WJV Acoustics 2021
Figure 14
1212-1224 South Winchester Boulevard Hotel Initial Study Typical Construction Equipment
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Mitigation Measure
N-1 Construction Noise Logistics Plan: Prior to the issuance of any grading or demolition permits, the project applicant shall submit and implement a construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator. The noise disturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Planning or Director’s designee of the Department of Planning, Building, and Code Enforcement prior to the issuance of any grading or demolition permits.

As a part of the noise logistic plan and project, construction activities for the proposed project shall include, but is not limited to, the following best management practices:
 In accordance with Policy EC-1.7 of the City’s General Plan, utilize the best available noise suppression devices and techniques during construction activities.  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.
 Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses.  Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.  Prohibit unnecessary idling of internal combustion engines.  Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses.
 Utilize “quiet” air compressors and other stationary noise sources where technology exists.
 Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.  Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences.

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 If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket barrier along surrounding building facades that face the construction sites.
 Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad 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.
 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.

Implementation of Mitigation Measure N-1 identified above would reduce impacts related to temporary noise level increase due to the of construction of the project. By requiring that a construction noise logistics plan be provided to minimize disruption and annoyance, limit hours, and reduce construction noise emanating from the site, the temporary noise increase in ambient levels would be less than significant. This mitigation would be implemented by the applicant and would be required to be in place prior to issuance of any ground disturbing or grading permits. b) Would the project result in generation of excessive ground-borne vibration or ground borne noise levels?
(Less Than Significant)
Construction
The dominant sources of man‐made vibration are sonic booms, blasting, pile driving, pavement breaking, demolition, diesel locomotives, and rail‐car coupling. The highest levels of construction-related vibrations are typically associated with pile driving and the use of vibratory rollers. While the project would include pavement breaking and demolition activities, project demolition and construction would not require pile driving or the use of a vibratory roller, according to the applicant, as such a project condition of approval will be included in the project permit to reflect the project’s proposed construction.

Project Condition of Approval: The project will not include or conduct pile-driving activities or vibratory rollers during all phases of construction.

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The City of San José relies on guidance developed by Caltrans to address vibration impacts from development projects in San José. A vibration limit of 12.7 mm/sec (0.5 inches/sec), PPV for buildings structurally sound and designed to modern engineering standards. A conservative vibration limit of 5.0 mm/sec (0.2 inches/sec), PPV has been used for buildings that are found to be structurally sound but structural damage is a major concern. For historic buildings or buildings that are documented to be structurally weakened, a conservative limit of 2.0 mm/sec (0.08 inches/sec), PPV is used to provide the highest level of protection. The noise assessment identifies Caltrans as being the source of guidance for much of the data and standards used in the preparation of the noise assessment.

Vibration from demolition and construction activities would be anticipated to be detected at the closest sensitive land uses (residences located north and east of the site), especially during demolition (pavement/concrete breaking), movements by heavy equipment or loaded trucks and during some paving activities (if paving activities were to occur) (WJV Acoustics 2020, p. 14).

The nearest residential structures on the adjacent sites to the north and east, respectively, would be within 15 and 70 feet. At these distances, vibration levels would be up to 1.23 inches per second PPV, which would exceed the City’s 0.2 inch per second PPV limit. However, according to the noise assessment, project demolition and construction activities would not be utilizing the vibratory roller (the only construction tool to exceed the City criterion of 0.20 in/sec PPV) and, therefore, would not be expected to produce continuous vibration levels exceeding the City’s standards for nearby sensitive receptors, such as those to the north and east of the project site.

Operational
After full project build out, it is not expected that ongoing operational activities would result in any vibration impacts at nearby sensitive uses, such as the residences to the north and east, in excess of the vibration limit of 0.20 in/sec PPV as indicated in the City Policy EC-2.3. c) For a project located within the vicinity of a private airstrip or an airport land-use plan or, where such a plan has not been adopted, within two miles of a public airport or public-use airport, would the project expose people residing or working in the project area to excessive noise levels?
(No Impact)
The proposed project is not within the vicinity of an airport land use plan nor is it within two miles of a public airport or public-use airport. The project site is also located outside the City of San José’s projected 60+ dB CNEL aircraft noise impact area of the Airport.

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Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the project are not considered CEQA impacts.

The following discussion is included for informational purposes only because the City of San José has policies that address existing noise conditions affecting a proposed project. The noise environment at the site and at nearby land uses is primarily from vehicular traffic on the surrounding roadways. Based on noise measurements taken at the site, the day-night average noise level ranges from 53.1 to 66.5 dBA Ldn.

Recreational Noise Impacts. The proposed project includes a common outdoor seating area on the second floor that would be centrally located. This seating areas would be surrounded by the building along the southern, eastern, and western sides and would be open to the north. The residential courtyards would provide amenity spaces for future residents of the project and would be predominantly shielded from surrounding uses by the new development. A substantial increase in noise would not occur a result of future residents using the courtyard areas for recreational purposes. Use of this area would not substantially increase noise levels experienced by sensitive receptors in the area.

On-Site Proposed Land Uses – Exterior Noise Levels (No Impact). As identified above, the proposed project includes one the second-floor common use seating area, which could emit noise to the surrounding neighborhood. The area would have partial (varying) acoustical shielding from Winchester Boulevard traffic noise by the building itself (varying due to the position anybody may be in that common area). Generally speaking, those using this area would be standing or seated way from the edge, which faces Winchester Boulevard, when there is a break of line-of-sight between the noise source (traffic on Winchester Boulevard) and the receiver (those on the common area) there is resulting acoustical shielding and reduction of noise levels. There would also be a plexiglass barrier along the western portion of the terrace area. Based upon traffic noise calculations in the project vicinity and anticipated acoustical shielding, noise levels would be expected to be approximately 55‐60 dB (WJV Acoustics 2020, p. 15).

The General Plan establishes exterior noise level standard of 60 dB for residential land uses including hotels and motels); therefore, the exterior noise levels from proposed onsite sensitive land uses would not exceed existing City standards, resulting in no impact.

On-Site Proposed Land Uses – Interior Noise Levels (No impact). The General Plan establishes an interior noise level standard of 45 dB for residential land uses and the noise assessment indicates that worst-case scenario of noise exposure at the closest exterior facades to South Winchester Boulevard would be approximately 67 dBA. Therefore, the noise assessment states that the proposed residential construction must be capable of providing a minimum outdoor-to-indoor noise level reduction of approximately 22 dBA (67 dB - 45 dB = 22 dB) (p. 15).

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The noise assessment assumes that residential construction methods complying with current building code requirements would reduce exterior noise levels by approximately 25 dB or more if windows and doors are closed. This would be sufficient for compliance with the City’s 45 dB interior standard at all proposed residential units. Requiring that it be possible for windows and doors to remain closed for sound insulation means that air conditioning or mechanical ventilation would be required.

Therefore, the interior noise levels from proposed onsite sensitive land uses is not expected to exceed existing City standards so long as current building code requirements are met, resulting in no impact.

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4.14 POPULATION AND HOUSING

4.14.1 Population and Housing Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Induce substantial unplanned population growth
in an area, either directly (e.g., by proposing new
homes and businesses) or indirectly (e.g., through
extension of roads or other infrastructure)?
☐ ☐ ☐ ☒ 1
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
☐ ☐ ☐ ☒ 1

4.14.2 Environmental Setting
According to the California Department of Finance, the City has an estimated 2019 population of approximately 1,043,058 and an estimated 335,887 housing units. The City’s housing stock has an average of 3.19 persons per household in 2020 (California Department of Finance 2020b). Based on the City’s General Plan EIR, the projected population in 2035 would be approximately 1.3 million persons occupying approximately 430,000 households. However, the proposed project would not increase the current population. As a commercial hotel project, it would provide a total of ten employees and the project would provide 119 rooms.

4.14.3 Regulatory Setting
Regional/Local
Association of Bay Area Governments (ABAG)
ABAG is part regional planning agency and part local government service provider. They accomplish goals by providing planning services and cost-effective ABAG member services to local governments struggling with rising costs and diminishing incomes. ABAG helps local governments absorb growth and adapt to change while addressing sustainability, resilience and equity issues.

Their services to members include research and analysis, education and outreach, and regional coalition coordination. ABAG’s expert data and tool resources and robust planning department — building solutions on a wide range of issues — help every community around the Bay adapt to change.

Envision San José 2040 General Plan
Chapter 4, Quality of Life, in the City’s General Plan addresses how quality of life will be advanced as the City promotes economic development and continues to grow a safe, diverse, and thriving community with employment opportunities, well-maintained infrastructure, urban services, and cultural and entertainment options. Although the proposed project does not involve the increase in residences or population within the City, the following policies are considered relevant to the proposed project:

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Policy H-3.2 Design high density residential and mixed residential/commercial development, particularly development located in identified Growth Areas, to:

1. Create and maintain safe and pleasant walking environments to encourage pedestrian activity, particularly to the nearest transit stop and to retail, services, and amenities.

2. Maximize transit usage.

3. Allow residents to conduct routine errands close to their residence, especially by walking, biking, or transit.

4. Integrate with surrounding uses to become a part of the neighborhood rather than being an isolated project.

5. Use architectural elements or themes from the surrounding neighborhood when appropriate.

6. Provide residents with access to adequate on- or off-site open space.

7. Create a building scale that does not overwhelm the neighborhood.

8. Be usable by people of all ages, abilities, and needs to the greatest extent possible, without the need for adaptation or specialized design.

Policy H-4.1 Implement green building principles in the design and construction of housing and related infrastructure, in conformance with the Green Building Goals and Policies in the Envision General Plan and in conformance with the City’s Green Building Ordinance.

Policy H-4.2 Minimize housing’s contribution to greenhouse gas emissions, and locate housing, consistent with our City’s land use and transportation goals and policies, to reduce vehicle miles traveled and auto dependency

4.14.4 Impact Discussion
a) Would the project induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)?
(No Impact)
A project can induce substantial population growth by: 1) proposing new housing beyond projected or planned development levels, 2) generating demand for housing as a result of new businesses, 3) extending roads or other infrastructure to previously undeveloped areas, or 4) removing obstacles to population growth (e.g., expanding capacity of a wastewater treatment plant beyond that necessary to serve planned growth).

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The proposed project does not involve housing and, therefore, would not result in a direct population increase in San José. The project proposes a hotel with up to 119 guest rooms within the Winchester Urban Village Area. The growth Capacity established by the General Plan’s Appendix 5 for the Winchester Urban Village area is 470,000 jobs and 120,000 residential units. The hotel would employ approximately 10 employees which is 0.002 percent of the planned economic growth for this growth area in the General Plan. The project does not propose the extension or roads or services to previously undeveloped areas and would not remove obstacles to population growth. Therefore, the proposed project would not induce substantial unplanned population growth in an area, either directly or indirectly. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? (No Impact)
The project site includes commercially used buildings (built as single-family residences and converted to commercial uses), and associated parking areas and sheds, which would be demolished for development of the proposed project. Therefore, the proposed project would not displace a substantial number of existing people or housing and would not necessitate the construction of replacement housing elsewhere.

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4.15 PUBLIC SERVICES

4.15.1 Public Services Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of or need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times, or other
performance objectives for any of the following
public services:
- Fire Protection?
- Police Protection?
- Schools?
- Parks?
- Other Public Facilities?
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☒
☒
☐
☐
☐
☐
☐
☒
☒
☒
1,2,3,4,
5,10

4.15.2 Environmental Setting
San José Fire Department
Fire protection services to the project site are provided by the San José Fire Department. The fire department responds to all fires, hazardous materials spills, and medical emergencies (including injury accidents) in San José. The fire department senior command structure consists of a fire chief, an assistant fire chief, three deputy chiefs, and three deputy directors. There are currently 33 active fire stations in San José. The fire station nearest to the project site is Station #10, approximately one mile north of the site.

San José Police Department
Police protection services for the project site are provided by the San José Police Department. The police department is divided into four geographic divisions: Central, Western, Foothill, and Southern. The project site is directly served by the San José Police Department Western Division.

The officers are dispatched from the police headquarters located at 201 West Mission Street, located approximately four miles northeast of the project site.

Schools
According to the City’s Public View GIS, the project site is within the Campbell Union High and Campbell Union Elementary School Districts (City of San José 2020). The schools within these two districts nearest to the project site are:
 Castlemont Elementary School, approximately 0.13 miles southeast; Section 4.0 Environmental Checklist
1212-1224 South Winchester Boulevard Hotel 146 Initial Study City of San José May 2021
 Monroe Middle School, approximately 0.33 miles northeast; and  Del Mar High School, approximately one mile east.

Parks and Trails
According to the City’s Public GIS Viewer, the nearest parks to the project site are the Marijane Hamann Park, located approximately 0.36 miles east of the project site, Starbird Park, located approximately 0.85 miles west of the project site, and Frank M. Santana Park, located approximately one mile north of the project site. For more information on parks and trails, refer to Section 4.16, Recreation.

Libraries
San José is served by the San José Public Library System, which consists of one main library (Dr.

Martin Luther King Jr.) and 23 branch libraries. The nearest public library is the Bascom Branch Library, approximately one-mile northeast of the project site.

4.15.3 Regulatory Setting
State
California Government Code Section 65996 (School Facilities) State law identifies the payment of school impact fees as an acceptable method of offsetting a project’s impact on school facilities. The project applicant can either negotiate directly with the affected school district or make a payment per square foot of multi-family units and new commercial units (prior to the issuance of a building permit). The school district is responsible for implementing the specific methods for mitigating school impacts under the Government Code.

Local
Envision San José 2040 General Plan
Chapter 4, Quality of Life, in the City’s General Plan includes goals, policies and implementation actions for various public services, including education, libraries, health care, public safety (police and fire), and code enforcement. In addition, the Parks, Open Space, and Recreation Subsection of the same chapter, provides the goals, policies, and actions related to parks, open space, and recreational facilities. Although the proposed project does not involve the increase in residences or population within the City, the following policies within the City’s General Plan are germane to the proposed project:

Policy CD-5.5 Include design elements during the development review process that address security, aesthetics and safety. Safety issues include, but are not limited to, minimum clearances around buildings, fire protection measures such as peak load water requirements, construction techniques, and minimum standards for vehicular Section 4.0 Environmental Checklist
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and pedestrian facilities and other standards set forth in local, state, and federal regulations.

Policy ES-3.1 Provide rapid and timely Level of Service response time to all emergencies:

1. For police protection, use as a goal a response time of six minutes or less for 60 percent of all Priority 1 calls, and of eleven minutes or less for 60 percent of all Priority 2 calls.

2. For fire protection, use as a goal a total response time (reflex) of eight minutes and a total travel time of four minutes for 80 percent of emergency incidents.

3. Enhance service delivery through the adoption and effective use of innovative, emerging techniques, technologies and operating models.

4. Measure service delivery to identify the degree to which services are meeting the needs of San José’s community.

5. Ensure that development of police and fire service facilities and delivery of services keeps pace with development and growth in the city.

Policy ES-3.2 Strive to ensure that equipment and facilities are provided and maintained to meet reasonable standards of safety, dependability, and compatibility with law enforcement and fire service operations.

Policy ES-3.9 Implement urban design techniques that promote public and property safety in new development through safe, durable construction and publicly-visible and accessible spaces.

Policy ES-3.10 Incorporate universal design measures in new construction, and retrofit existing development to include design measures and equipment that support public safety for people with diverse abilities and needs. Work in partnership with appropriate agencies to incorporate technology in public and private development to increase public and personal safety.

Policy ES-3.11 Ensure that adequate water supplies are available for fire-suppression throughout the City. Require development to construct and include all fire suppression infrastructure and equipment needed for their projects.

Policy ES-3.17 Promote installation of fire sprinkler systems for both commercial and residential use and in structures where sprinkler systems are not currently required by the City Municipal Code or Uniform Fire Code.

Policy ES-4.9 Permit development only in those areas where potential danger to the health, safety, and welfare of persons in that area can be mitigated to an acceptable level.

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City Municipal Code - Chapter 19.38, Parkland Dedication Ordinance and Chapter 14.25, Park Impact Ordinance
The City of San José has adopted the Parkland Dedication Ordinance (PDO, Municipal Code Chapter 19.38) and Park Impact Ordinance (PIO, Municipal Code Chapter 14.25) requiring new residential development to either dedicate sufficient land to serve new residents, or pay fees to offset the increased costs of providing new park facilities for new development. These ordinances are intended to reduce the extent to which new development would exacerbate the existing shortfall of park and recreational facilities. Under the PDO and PIO, a project can satisfy half of its total parkland obligation by providing private recreational facilities on-site. For projects over 50 units, it is the City’s decision as to whether the project would dedicate land for a new public park site or accept a fee in-lieu of land dedication.
`4.15.4 Impact Discussion
a.1) Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives? (Less than Significant)
The proposed project would replace two commercially-used buildings with a 119-guestroom hotel. Development of the site would incrementally increase the need for fire protection services but would not significantly impact the response time or require construction of new facilities.

As reported in the General Plan EIR, according to current Fire Department protocols, fires in structures four stories or taller in height will require responses from more than one fire station.

The fire department’s Fire Station #10 is located approximately one mile north of the project site and Fire Station #4 is located approximately 1.65 miles northeast of the project site.

Construction of the proposed project would be required to comply with applicable Fire Code standards
The General Plan EIR evaluated the need for new fire stations with buildout of the General Plan and concluded that implementation of the general plan would result in an increase in calls for fire protection services but would not result in the need for construction of fire stations in excess of those currently planned. The proposed project is consistent with the General Plan development envisioned for the project site and, therefore, would not result in the need for construction of fire stations in excess of those currently planned. Additionally, the proposed project would be constructed in accordance with applicable City polices to promote public and property safety.
a.2) Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered police protection facilities, the Section 4.0 Environmental Checklist
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construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives? (Less than Significant)
The proposed project would replace two commercially-used buildings with a 119-guestroom hotel.

Development of the site would incrementally increase the need for police protection services but would not significantly impact the response time or require construction of new facilities.

The police department headquarters that currently serve the project site is located approximately four miles northeast. As reported in the General Plan EIR, police services would continue to be dispatched from police headquarters and no additional stand-alone police facilities are anticipated. The General Plan EIR evaluated the need for new police stations with buildout of the General Plan and concluded that implementation of the general plan would result in an increase in calls for police protection services and may require the need for expansion of existing police facilities or the location of new facilities within planned growth areas. Construction of new police facilities would require supplemental environmental review, but is not anticipated by the General Plan EIR to have significant adverse environmental impacts.

The proposed project would be constructed in accordance with current building codes and would be required to be maintained in accordance with applicable City policies to promote public and property safety. The increase in police service needs by the proposed development represents a small fraction of the total growth identified in the General Plan, which anticipated the type of development proposed at this location. The proposed project, by itself, would not preclude the police department from meeting their service goals and would not require the construction of new or expanded police facilities. Therefore, the proposed project would not significantly impact police protection services requiring the construction of new or remodeled facilities.
a.3) Would the project result in substantial adverse physical impacts associated with the provision of or need for new or physically altered school facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives? (No Impact)
The proposed project is the development of a hotel building and, therefore, has no impact on school facilities. There would be no need for new or physically altered school facilities, the construction of which could cause a significant environmental impact. a.4 and a.5) Result in substantial adverse physical impacts associated with the provision of or need for new or physically altered park or other governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives? Section 4.0 Environmental Checklist
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(No Impact)
The proposed project would not result in a permanent increase in use of the City’s existing parks because it does not include housing for residents or an increase in the City’s population.

Therefore, would not result in the provision or need for new or physically altered park facilities or other governmental facilities, the construction of which could cause a significant environmental impact.

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4.16 RECREATION

4.16.1 Recreation Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
☐ ☐ ☐ ☒ 1
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities, which might have an
adverse physical effect on the environment?
☐ ☐ ☐ ☒ 1

4.16.2 Environmental Setting
According to the Activate SJ Strategic Plan (2020-2040), the City currently has more than 3,500 acres of parkland; 206 parks, approximately 558,000 square feet of community center space, and 61 trail miles. According to the City’s General Plan EIR, the City provides and maintains developed parkland and open space to serve its residents. The City’s Departments of Parks, Recreation, and Neighborhood Services are responsible for the development, operation, and maintenance of all City park facilities. According to the City’s Public GIS Viewer, the nearest parks to the project site are the Marijane Hamann Park, located approximately 0.36 miles east of the project site, Starbird Park, located approximately 0.85 miles west of the project site, and Frank M. Santana Park, located approximately one mile north of the project site.

According to the General Plan EIR Figure 3.9-4, the nearest trail to the project site is the Los Gatos Creek Trail, located approximately 1.5 miles east of the project site.

4.16.3 Regulatory Setting
Local
Envision San José 2040 General Plan
The following General Plan policies are germane to the proposed project:

Policy PR-1.2 Provide 7.5 acres per 1,000 population of citywide /regional park and open space lands through a combination of facilities provided by the City of San José and other public land agencies.

Policy PR-2.4 To ensure that residents of a new project and existing residents in the area benefit from new amenities, spend Park Dedication Ordinance (PDO) and Park Impact Ordinance (PIO) fees for neighborhood serving elements (such as Section 4.0 Environmental Checklist
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playgrounds/ tot-lots, basketball courts, etc.) within a 3/4-mile radius of the project site that generates the funds.

4.16.4 Impact Discussion
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? (No Impact)
The proposed project includes the development of a new hotel building, with no increase in the City’s population. Development of the project site would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated and would not require the construction or expansion of recreational facilities, which could have an adverse physical effect on the environment.

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4.17 TRANSPORTATION/TRAFFIC

4.17.1 Transportation/Traffic Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Conflict with a program, plan, ordinance, or
policy addressing the circulation system,
including transit, roadway, bicycle and pedestrian
facilities?
☐ ☐ ☒ ☐ 1,57,58
b) Conflict or be inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?
☐ ☐ ☒ ☐ 1,57,58
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐ ☒ 1,57,58
d) Result in inadequate emergency access? ☐ ☐ ☐ ☒ 1,57,58

4.17.2 Environmental Setting
The 1212 South Winchester Hotel Development – Transportation Analysis (transportation analysis) (Appendix H) and the 1212 South Winchester Hotel Development – Transportation Demand Management (TDM) Plan (Appendix I) were conducted for this project to determine, and recommend measures to reduce, potential traffic impacts related to the project. These determinations and recommended measures are based on the standards and methodologies set forth by the cities of San José and Campbell and the Santa Clara Valley Transportation Authority (VTA).

The VTA administers the County Congestion Management Program.

The project site is located within the adopted Winchester Boulevard Urban Village Plan (Urban Village Plan). According to the General Plan, the Urban Village Plan strategy fosters:
 Mixed residential and employment activities attractive to an innovative work force;  Revitalization of underutilized properties that have access to existing infrastructure;  Densities that support transit use, bicycling, and walking; and  High-quality urban design.

Existing Roadway Network
Regional access to the project site is provided via State Route (SR) 17 and I-280. These facilities are described below:

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 SR 17 is a six-lane freeway in the vicinity of the site. It extends from Santa Cruz to I-280 in San José, at which point it makes a transition to I-880 to Oakland. Access to the site is provided via its interchange with Hamilton Avenue.
 I-280 is an eight-lane freeway in the vicinity of the site. It extends northwest to San Francisco and east to King Road in San José, at which point it makes a transition to I-680 to Oakland. North of I-880, I-280 has high occupancy vehicle (HOV) lanes in both directions.

Access to and from northbound I-280 to the site is provided via its interchange with Winchester Boulevard and via SR 17 to Hamilton Avenue.
 Winchester Boulevard is a divided six-lane north-south roadway that runs from Los Gatos to Lincoln Street in Santa Clara. In the project vicinity, Winchester Boulevard is considered a “Main Street” based on the City’s General Plan 2040 Street Typologies and has a posted speed limit of 35 mph with sidewalks on both sides of the street and on-street bike lanes between I-280 and Stevens Creek Boulevard. Direct access to and from the project site is provided via a right-in/right-out only driveway along Winchester Boulevard.  Moorpark Avenue is a four-lane east-west roadway that runs from Lawrence Expressway to Bascom Avenue. Moorpark Avenue is considered a “City Connector Street” based on the City’s General Plan 2040 Street Typologies. East of Bascom Avenue, Moorpark Avenue makes a transition into a three-lane one-way roadway to Leigh Avenue. Moorpark Avenue provides access to the project site via Winchester Boulevard.

Local access to the site is provided by Winchester Boulevard, Moorpark Avenue, Williams Road, Payne Avenue, Hamilton Avenue, San Tomas Expressway, and Eden Avenue. These roadways are described and presented on Figure 15, Existing Roadways and Transit Services:
 Winchester Boulevard is a divided six-lane north-south roadway that runs from Los Gatos to Lincoln Street in Santa Clara. In the project vicinity, Winchester Boulevard has a posted speed limit of 35 mph with sidewalks on both sides of the street and on-street bike lanes between I-280 and Stevens Creek Boulevard. Direct access to and from the project site is provided via a right-in/right-out only driveway along Winchester Boulevard.  Moorpark Avenue is a four-lane east-west roadway that runs from Lawrence Expressway to Bascom Avenue. East of Bascom Avenue, Moorpark Avenue makes a transition into a three-lane one-way roadway to Leigh Avenue. Moorpark Avenue provides access to the project site via Winchester Boulevard.
 Williams Road is a two-lane east-west roadway in the vicinity of the project site. It extends east from Moorpark Avenue to South Daniel Way, just east of Winchester Boulevard.

Williams Road provides access to the project site via Winchester Boulevard.  Payne Avenue is a two-lane east-west roadway in the vicinity of the project site. It extends east from Saratoga Avenue to Almarida Drive, just east of Winchester Boulevard. Payne Avenue provides access to the project site via Winchester Boulevard.

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 Hamilton Avenue is a six-lane east-west roadway between Marathon Drive and Leigh Avenue. West of Marathon Drive, Hamilton Avenue narrows to a four-lane roadway and extends west to Campbell Avenue. East of Leigh Avenue, Hamilton Avenue narrows to a four-lane roadway and extends west to Meridian Avenue. Hamilton Avenue provides access to the project site via Winchester Boulevard.
 San Tomas Expressway is a north-south expressway that begins at its interchange with US 101 and extends southward through Santa Clara and San Jose and into Campbell, where it transitions into Camden Avenue at SR 17. San Tomas Expressway provides access to and from the project site via Williams Road and Payne Avenue.  Eden Avenue is a two-lane north-south roadway in the vicinity of the project site. It extends north from Hamilton Avenue to Moorpark Avenue. Eden Avenue provides access to the project site via Williams Road and Payne Avenue.

Existing Bicycle and Pedestrian Facilities
Class II Bikeway (Bike Lane). Class II bikeways are striped bike lanes on roadways that are marked by signage and pavement markings. Within the vicinity of the project site, striped bike lanes are present on the following roadway segments:
 Winchester Boulevard, between Hamilton Avenue and Payne Avenue;  Hamilton Avenue, west of SR 17;
 Payne Avenue, west of Winchester Boulevard;
 Williams Road, west of Baywood Avenue;
 Moopark Avenue, west of Thornton Way;
 Monroe Street, between Tisch Way and Stevens Creek Boulevard; and  Winchester Boulevard, between Tisch Way and Stevens Creek Boulevard.

Class III Bikeway (Bike Route). Class III bikeways are bike routes and only have signs to help guide bicyclists on recommended routes to certain locations. In the vicinity of the project site, the following roadway segments are designated as bike routes:
 Payne Avenue, between Winchester Boulevard and Greenbriar Avenue;  Eden Avenue, between Impala Drive and Hamilton Avenue;  Milton Avenue, south of Hamilton Avenue;
 Darryl Drive, between Hamilton Avenue and Payne Avenue;  Monroe Street, between Moopark Avenue and Williams Road; Section 4.0 Environmental Checklist
1212-1224 South Winchester Boulevard Hotel 156 Initial Study City of San José May 2021
 Williams Road, between Baywood Avenue and Daniel Way;  Daniel Way, between Williams Road and Westfield Avenue;  Thornton Way, between Moorpark Avenue and Downing Avenue;  Central Avenue, between Hamilton Avenue and Westfield Avenue; and  Downing Avenue, east of SR 17.

Although none of the residential streets near the project site provide bike lanes or are designated as bike routes, due to their low traffic volumes, many of them are conducive to bicycle usage. The existing bicycle facilities are shown in Figure 7 of the transportation analysis.

The locations of three pedestrian footbridge crossings over freeways in vicinity of the project site are listed below and shown in Figure 7 of the transportation analysis.  SR 17 pedestrian footbridge connecting Westfield Avenue and Downing Avenue;  I-280 pedestrian footbridge connecting Moorpark Avenue and Cypress Avenue; and  I-280 pedestrian footbridge connecting Moorpark Avenue and Tisch Way.

Controlled crosswalks across Winchester Boulevard are provided near the project site at the signalized Williams Road and Payne Avenue intersections with Winchester Boulevard. Overall, the existing network of sidewalks and crosswalks provides good connectivity and provides pedestrians with safe routes to transit services and other points of interest in the area.

Existing Transit Services
Existing transit service to the study area is provided by the VTA. The VTA transit services are described below and shown on Figure 8 of the transportation analysis.

VTA Bus Services. The project site is served directly by the following VTA bus routes.  Frequent Route 25 runs from the De Anza College to Alum Rock Transit Center and operates from 5:00 AM to 12:30 AM on weekdays with 15- to 30-minute headways during commute periods. Route 25 operates along Winchester Boulevard and Williams Road in the project area. The closest bus stop is located approximately 2,000 north of the project site at the intersection of Winchester Boulevard and Williams Road.  Local Route 56 runs from Lockheed Martin to Tamien Station and operates from 5:00 AM to 10:30 PM on weekdays with 30-minute headways during commute periods. The closest bus stop is located approximately 0.6 mile from the project site at the intersection of Winchester Boulevard and Hamilton Avenue.
880
280
Payne Ave
Williams Rd
Hamilton Ave
Eden Ave Eden Ave
Winchester Blvd Winchester Blvd
17 San Tomas Expwy San Tomas Expwy
Fireside Dr
Moorpark Ave
Thornton Way Thornton Way
Hamilton
LRT Station
Hamilton
LRT Station
= Local Route
= Frequent Route
= Express Route
X
XX
= Project Site Location
= City of San Jose
LEGEND:
= City of Campbell
330 101
25 25
25 60
60 60
56 56
= Light Rail Transit (LRT)
= Bus Stop
X
Project Site Source: Hexagon Transportation Consultants 2020 Figure 15
1212-1224 South Winchester Boulevard Hotel Initial Study Existing Roadways and Transit Services
Not to scale
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This side intentionally left blank.

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 Frequent Route 60 runs from the BART Station in Milpitas to Winchester Station via SJC Airport and operates from 5:00 AM to 12:30 AM on weekdays with 15-minute headways during commute periods. Route 60 operates along Winchester Boulevard in the project area.

The closest southbound and northbound bus stops to the project site are located at most approximately 500 feet away from the project site along Winchester Boulevard.  Express Route 101 runs from the Camden Avenue near Highway 85 to Stanford Research Park in Palo Alto and operates two northbound trips during the morning commute period and two southbound trips during the afternoon commute period with 50- to 60-minute headways. The closest bus stop is located approximately 0.6 mile from the project site at the intersection of Winchester Boulevard and Hamilton Avenue.

VTA Light Rail Transit (LRT) Service. LRT Green Line runs from the Winchester Transit Center in Campbell to Old Ironsides in Santa Clara and operates from 5:00 AM to 1:00 AM with 15-minute headways during the peak commute periods. The closest LRT station is located approximately 1.4 miles from the project site at the interchange of SR 17 and Hamilton Avenue.

4.17.3 Regulatory Setting
State
State Senate Bill 743
Senate Bill (SB) 743 was signed into law by Governor Brown in 2013 and tasked the State Office of Planning and Research (OPR) with establishing new criteria for determining the significance of transportation impacts under the California Environmental Quality Act (CEQA). SB 743 requires the new criteria to “promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” It also states that alternative measures of transportation impacts may include “vehicle miles traveled, vehicle miles traveled per capita, automobile trip generation rates, or automobile trips generated.” With the adoption of SB 743 legislation, public agencies are now required to base the determination of transportation impacts on Vehicle Miles Traveled (VMT) rather than level of service. In adherence to SB 743, the City has adopted a new Transportation Analysis Policy, Council Policy 5-

1. The policy establishes the thresholds for transportation impacts under the CEQA based on vehicle miles traveled (VMT) instead of levels of service (LOS). The intent of this change is to shift the focus of transportation analysis under CEQA from vehicle delay and roadway auto capacity to a reduction in vehicle emissions, and the creation of robust multimodal networks that support integrated land uses. The new transportation policy aligns with the currently adopted General Plan which seeks to focus new development growth within Planned Growth Areas, bringing together office, residential, and supporting service land uses to internalize trips and reduce VMT. All new development projects are required to analyze transportation impacts using the VMT metric and conform to Council Policy 5-1.

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Regional/Local
Regional Transportation Plan/Sustainable Communities Strategy The Metropolitan Transportation Commission (MTC) is the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area, including Santa Clara County.

MTC is charged with regularly updating the Regional Transportation Plan, a comprehensive blueprint for the development of mass transit, highway, airport, seaport, railroad, bicycle, and pedestrian facilities in the region. MTC and the Association of Bay Area Governments adopted Plan Bay Area 2040 in July 2017, which includes the region’s Sustainable Communities Strategy (integrating transportation, land use, and housing to meet GHG reduction targets set by CARB) and Regional Transportation Plan (including a regional transportation investment strategy for revenues from federal, state, regional and local sources over the next 24 years).

I-280/Winchester Boulevard Transportation Development Policy The project is located within the Winchester Boulevard Urban Village Plan (2017). As part of the Envision San José 2040 General Plan, the City has identified historically underutilized locations within San José that will be developed as “Urban Villages.” These urban villages are intended to promote the development of active, walkable, bicycle friendly, transit-oriented, mixed-use urban settings for new housing and job growth. The I-280/Winchester Boulevard interchange area Transportation Development Policy (TDP), adopted in September 2016, provides for additional capacity in the immediate area of the I-880/Stevens Creek Boulevard and I-280/Winchester Boulevard interchanges. The TDP provides partial funding, via a traffic impact fee imposed on proposed development, for the implementation of a new westbound offramp from I-280 to Winchester Boulevard to reduce traffic congestion at the I-880/Stevens Creek and Stevens Creek Boulevard corridors. The proposed project’s trip generation can be found in “Non-CEQA Effects” at the end of this section of the initial study.

Congestion Management Program
In accordance with California Statute, Government Code Section 65088, Santa Clara County has established a Congestion Management Program (CMP). The intent of the CMP legislation is to develop a comprehensive transportation improvement program among local jurisdictions that will reduce traffic congestion and improve land use decision-making and air quality. VTA serves as the Congestion Management Agency for Santa Clara County and maintains the county’s CMP.

Congestion management agencies are required by the state statute to monitor roadway traffic congestion and the impact of land use and transportation decisions on a countywide level, at least every two years. VTA conducts CMP monitoring and produces the CMP Monitoring & Conformance Report annually for freeways, rural highways, and CMP-designated intersections.

Legislation requires that each CMP contain the following five mandatory elements: 1) a system definition and traffic level of service standard element; 2) a transit service and standards element; 3) a trip reduction and transportation demand management element; 4) a land use impact analysis program element; and 5) a capital improvement element. The Santa Clara County CMP includes the five mandatory elements and three other elements: a county-wide transportation model and data Section 4.0 Environmental Checklist
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base element, an annual monitoring and conformance element, and a deficiency plan element. The VTA has review responsibility for proposed development projects expected to affect CMP designated intersections. According to the County’s CMP Figure 2.3, there are several CMP designated intersections near to the project site.

Envision San José 2040 General Plan
Chapter 6, Land Use and Transportation, of the City’s General Plan includes the Circulation Element, which defines a set of balanced, long-range, multi-modal transportation goals and policies that provide for a safe, efficient, and sustainable transportation network. The following polices related to transportation are germane to the proposed project:

Policy TR-1.1 Accommodate and encourage use of non-automobile transportation modes to achieve San José’s mobility goals and reduce vehicle trip generation and vehicle miles traveled (VMT).

Policy TR-1.2 Consider impacts on overall mobility and all travel modes when evaluating transportation impacts of new developments or infrastructure projects.

Policy TR-1.4 Through the entitlement process for new development fund needed transportation improvements for all transportation modes, giving first consideration to improvement of bicycling, walking and transit facilities. Encourage investments that reduce vehicle travel demand.

Policy TR-1.5 Design, construct, operate, and maintain public streets to enable safe, comfortable, and attractive access and travel for motorists and for pedestrians, bicyclists, and transit users of all ages, abilities, and preferences.

Policy TR-1.6 Require that public street improvements provide safe access for motorists and pedestrians along development frontages per current City design standards.

PolicyTR-2.8 Require new development where feasible to provide on-site facilities such as bicycle storage and showers, provide connections to existing and planned facilities, dedicate land to expand existing facilities or provide new facilities such as sidewalks and/or bicycle lanes/paths, or share in the cost of improvements.

Policy TR-3.3 As part of the development review process, require that new development along existing and planned transit facilities consist of land use and development types and intensities that contribute towards transit ridership. In addition, require that new development is designed to accommodate and to provide direct access to transit facilities.

Policy TR-9.1 Enhance, expand and maintain facilities for walking and bicycling, particularly to connect with and ensure access to transit and to provide a safe and complete alternative transportation network that facilitates non-automobile trips.

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City Council Policy 5-1
With the adoption of SB 743 legislation, public agencies are now required to base the determination of transportation impacts on Vehicle Miles Traveled (VMT) rather than level of service. In adherence to SB 743, the City has adopted a new Transportation Analysis Policy, Council Policy 5-

1. The policy establishes the thresholds for transportation impacts under the CEQA based on vehicle miles traveled (VMT) instead of levels of service (LOS). The intent of this change is to shift the focus of transportation analysis under CEQA from vehicle delay and roadway auto capacity to a reduction in vehicle emissions, and the creation of robust multimodal networks that support integrated land uses. The new transportation policy aligns with the currently adopted General Plan which seeks to focus new development growth within Planned Growth Areas, bringing together office, residential, and supporting service land uses to internalize trips and reduce VMT. All new development projects are required to analyze transportation impacts using the VMT metric and conform to Council Policy 5-1.

Screening criteria have been established to determine which projects require a detailed VMT analysis. If a project meets the relevant screening criteria, it is considered to a have a less than significant VMT impact. The VMT policy does not negate Area Development policies (ADPs) and Transportation Development policies (TDPs) approved prior to adoption of Policy 5-1. Policy 5-1 does, however, 3896 Stevens Creek Boulevard 144 Draft EIR City of San José August 2020 negate the City’s Protected Intersection policy. Under Policy 5-1, the screening criteria are:
 Small Infill Projects;
 Local-Serving Retail;
 Local-Serving Public Facilities;
 Transit Supportive Projects in Planned Growth Areas with Low VMT and High-Quality Transit;
 Restricted Affordable, Transit Supportive Residential Projects in Planned Growth Areas with High Quality Transit; and Transportation Projects that reduce or do not increase VMT.

4.17.4 Impact Discussion
a) Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? (Less Than Significant)
Project Trip Generation
The transportation analysis estimates, with trip reductions, that the project would generate a total of 1,266 daily vehicle trips, with 64 trips (37 inbound and 27 outbound) occurring during the AM peak hour and 75 trips (37 inbound and 38 outbound) occurring during the PM peak hour.

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Intersection Operations
The following intersections were reviewed and analyzed for the transportation analysis:
 Winchester Boulevard and Williams Road;
 Winchester Boulevard and Payne Avenue;
 Winchester Boulevard and David Avenue/Williamsburg Drive;  Winchester Boulevard and Hamilton Avenue; and
 Winchester Boulevard and Fireside Drive (unsignalized).

The signalized intersection of Winchester Boulevard and Hamilton Avenue is located within the City of Campbell. However, it is also a congestion management plan designated intersection and, therefore, is subject to congestion management plan LOS standards.

The transportation analysis determined that the study intersections are projected to operate at acceptable levels of service at buildout of the proposed project (Hexagon Transportation Consultants 2020, p. 43). In addition, the transportation analysis indicates that the intersections of Winchester Boulevard/David Avenue/Williamsburg Drive and Winchester Boulevard/Payne Avenue with the addition of project traffic causes the overall average intersection delays to improve slightly; this occurs when project trips are added to movements where the delay is lower than the overall intersection average (p. 43).

I-280/Winchester Boulevard Interchange Area Transportation Development Policy This Policy provides partial funding, via a traffic impact fee imposed on proposed development, for the implementation of a new westbound off-ramp from I-280 to Winchester Boulevard to reduce traffic congestion at the I-880/Stevens Creek and Stevens Creek Boulevard corridors. The traffic fee is based on the estimated trips to be added to the new westbound off-ramp from I-280 to Winchester Boulevard by each individual development. It is estimated that the proposed project would result in the addition of four PM peak hour trips to the planned I-280 to Winchester Boulevard ramp.

Pedestrian Facilities
Existing sidewalks along Winchester Boulevard provide a pedestrian connection between the project site and pedestrian destinations in the project vicinity. Crosswalks with pedestrian signal heads are located at the signalized intersection of Winchester Boulevard and Payne Avenue. All of the roadways in the vicinity of the project site have sidewalks on both sides of the street, except a short segment on the east side of Winchester Boulevard along the frontages of the project site and one adjacent property to the north. The project would install a 20-foot sidewalk along its frontage on Winchester Boulevard. However, in order to close the sidewalk gap on the east side of Winchester Boulevard, it is recommended that the City staff work with the owner of the adjacent property to the north to install a sidewalk per City design standards.

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Bicycle Facilities
The bikeways within the vicinity of the project site would remain unchanged under project conditions. Currently, no bike facilities exist on Winchester Boulevard between Payne Avenue and Moorpark Avenue that would provide connections to other bicycle facilities in the project vicinity.

The Envision 2040 General Plan identifies the following goals in regard to bicycling and pedestrians:
 Provide a continuous pedestrian and bicycle system to enhance connectivity throughout the City by completing missing segments.
 Build pedestrian and bicycle improvements at the same time as improvements for vehicular circulation.
 Give priority to pedestrian improvement projects that improve pedestrian safety, improve pedestrian access to and within the Urban Villages and other growth areas.

The San Jose Bike Plan 2020 indicates that a variety of bicycle facilities are planned in the study area, some of which would benefit the project and adhere to the goals of the Envision 2040 General Plan. Of the planned facilities, the following are relevant to, and won’t be conflicted by, the project.

Class II bike lanes are planned for:
 Winchester Boulevard, between Payne Avenue and Moorpark Avenue; and  Cypress Avenue, between Williams Road and Moorpark Avenue.

Class III bike routes are planned for:
 Payne Avenue, between Winchester Boulevard and Greenbriar Avenue;  Greenbriar Avenue, between Payne Avenue and Westfield Avenue; and  Westfield Avenue, between Greenbriar Avenue and Daniel Way.

Transit Services
The project site is adequately served by the existing VTA transit services. The nearest bus stops to the project site are located near the Winchester Boulevard/Payne Avenue intersection approximately 400 feet from the project site and are served by Route 60. The new transit trips generated by the project are not expected to create demand in excess of the transit service that is currently provided.

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The Envision 2040 General Plan identifies the following goals in regard to public transit:
 Pursue development of BRT, bus, shuttle, and fixed guideway services on designated streets and connections to major destinations.
 Ensure that roadways designated as Grand Boulevards adequately accommodate transit vehicle circulation and transit stops. Prioritize bus mobility along Stevens Creek Boulevard.

Winchester Boulevard between Moorpark Avenue and Impala Drive has been designated as a Grand Boulevard within the Envision 2040 General Plan. Grand Boulevards are intended to serve as major transportation corridors with priority given to public transit. In addition, as a Grand Boulevard it is envisioned that Winchester Boulevard could potentially be included in the VTA Bus Rapid Transit (BRT) System. However, there are no plans at this time for a BRT line on Winchester Boulevard.

Freeway Segment Evaluation
Pursuant to the congestion management plan technical guidelines, freeway segment level of service analysis shall be conducted on all segments to which the project is projected to add one percent or more to the segment capacity. Since the project is not projected to add one percent or higher to any freeway segments in the area, freeway analysis for the congestion management plan was not required.

Winchester Complete Street Improvements. The Urban Village Plan identifies the following complete street improvements along Winchester Boulevard:
 Protected bike lanes along both sides of Winchester Boulevard. The bike lanes shall be physically separated from vehicle travel lanes.
 At least four vehicular travel lanes and two flex lanes for vehicle travel or parking.  Construction of a raised median with limited breaks.
 In order to close the sidewalk gap on the east side of Winchester Boulevard, it is recommended that the City staff work with the owner of the adjacent property to the north to install a sidewalk per City design standards.
b) Would the project conflict or be inconsistent with CEQA guidelines section 15064.3, subdivision (b)?
(Less than Significant)
The City has adopted a Council Policy 5-1 that is based on vehicle miles traveled (VMT) and establishes the current thresholds for transportation impacts under CEQA based on VMT rather than intersection level of service (also known as LOS). The policy has pipeline provisions (under the Applicability of the Policy) that state only development projects with a complete application on file with the City on or after the effective date are required to comply with Section 4.0 Environmental Checklist
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Council Policy 5-1. The proposed project is subject to Policy 5-1 and, therefore, the transportation analysis was prepared to provide the project-level VMT analysis.

The City’s VMT Evaluation Tool is limited to the evaluation of four general land use categories: residential, office, industrial, and retail. Thus, the use of the VMT evaluation tool for the evaluation of land uses other than the four general land uses described above, such as the proposed hotel, requires the conversion of the proposed land use to an equivalent amount (based on trip generation characteristics) of residential units, office space, industrial space, or retail space (Hexagon Transportation Consultants 2020). Since the characteristics of the proposed hotel would have similar trip generating characteristics to retail space, the proposed hotel was converted into an equivalent amount of retail space.

If a project meets the City’s screening criteria, the project is expected to result in less-thansignificant VMT impacts and a detailed CEQA VMT analysis is not required (Hexagon Transportation Consultants 2020, p. ii). The transportation analysis determined that the proposed project is estimated to generate 1,455 daily trips, which is equivalent to the trips estimated to be generated by approximately 38,000 square feet of retail space. Pursuant to San Jose’s VMT screening criteria, retail projects of 100,000 square feet or less are considered local-serving (p. 21). Therefore, the proposed project does not require a detailed CEQA VMT analysis and is expected to result in a less-than-significant VMT impact. c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (No Impact)
During the development review process, the vehicle circulation on the project site is reviewed by City staff to ensure site access is not hazardous and complies with the City’s regulations and policies.

The transportation analysis determined that the vehicles exiting the project site driveway on South Winchester Boulevard would be able to see approaching traffic on northbound South Winchester Boulevard at least to Payne Avenue located approximately 450 feet to the south.

Therefore, the transportation analysis concludes that the project driveway on South Winchester Boulevard would meet the American Association of State Highway Transportation Officials minimum stopping sight distance standards (p. 48). The transportation analysis also recommends visible and/or audible warning signals at the garage entrances to alert pedestrians and bicyclists of vehicles exiting the parking garage.
d) Would the project result in inadequate emergency access? (No Impact)
The project includes a Fire Layout Plan (Sheet C5.0), which includes the project’s requirement for compliance with the California Fire Code. The project proposes to install all fire department access, fire water service, and fire hydrant in accordance with the California Fire Section 4.0 Environmental Checklist
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Code and all other applicable standards. Emergency vehicle access to the project site can be found via South Winchester Boulevard. The proposed project includes aerial access for fire apparatus vehicles at project frontage on South Winchester Boulevard, 29.2 feet from the proposed building (California Fire Code requires a distance between 15 to 30 feet).

Final plans would be reviewed by the City to ensure that the project adheres to all California Fire Code requirements. Therefore, the project would not result in inadequate emergency access.

Non-CEQA Effects
Parking Supply
Based on the City’s parking code requirements, the project would need to provide a total of 129 off-street parking spaces. The project site’s location within the Winchester Boulevard Urban Village Plan allows for a 20 percent reduction for vehicle parking with the implementation of a transportation demand management plan. Therefore, the required parking for the project site would be reduce to 104 spaces. The project proposes a total of 67 parking spaces, which is a 52 percent reduction from the City’s standard parking requirements. In accordance with Sections 20.70.330 and 20.90.220 of the San José Code of Ordinances, which allows up to a 50 percent parking reduction, the additional 32 percent reduction could be allowed with the implementation and maintenance of a transportation demand management plan.

Transportation Demand Management Plan
The proposed project includes a transportation demand management plan (located in Appendix I of this initial study), which includes measures to be implemented by the project.

These measures are briefly discussed under Section 3.0, Project Description, of this initial study, and are intended to encourage hotel guests and employees to utilize alternative transportation modes available in the area to reduce single occupancy vehicle trips and parking demand generated by the project. Implementation of the measures outlined in the project’s transportation demand management plan would help the project meet its additional 32 percent reduction for parking spaces onsite.

Surrounding On-Street Parking
The project site is located just outside the perimeter of the Cadillac Residential Parking Program zone, where a permit is required to use on-street parking from 10:00 PM to 6:00 AM every day except on holidays. In order to obtain a parking permit, the applicant must live in or own a residential property or operate a business in a parking permit zone. Generally, this means that the residence or business must be located on the same side of the street and block face where permit parking signs are posted. The locations of on-street parking, where a Residential Parking Program permit is required, are shown on Figure 19 of the transportation analysis. With the implementation of the required transportation demand management plan, the Section 4.0 Environmental Checklist
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project will provide adequate parking spaces onsite to satisfy its parking demand and would not have an effect on the Cadillac Residential Parking Program.

Guest and Valet Drop-off/Pick-up Zone Operations
The project proposes to provide an on-street drop-off and pick-up zone along its frontage on Winchester Boulevard, north of the site driveway. There is currently no on-street parking provided along the project frontage. In addition, the planned complete street improvement of Winchester Boulevard would provide two travel lanes with a Class IV bike lane and no onstreet parking along the project frontage. Also, since the guest/valet drop-off/pick-up area will be located on a public street, the area will not be restricted to the use of only the hotel and may not be available for guest/valet use at all times. This loading zone on Winchester Boulevard, however, is not supported by the City and would need to be removed in the future when the planned bike lane improvements are implemented along Winchester Boulevard. The project proponent should consider loading/valet operations taking place within the parking garage, if possible.

Based on the estimated trip generation, a maximum of 37 inbound trips would need to be served at the proposed guest and valet drop-off/pick-up zone along Winchester Boulevard during the PM peak-hour, or approximately one vehicle every 1.5 minutes. The number of vehicles that can be served at the valet drop-off/pick-up zone will depend on the proposed valet parking operations. However, it is recommended that a minimum of two to three valet staff be present during the peak arrival/departure periods for the hotel. In addition, vehicles should not be retrieved in advance of guests being present at the valet area. Given the limited storage space for valet operations along Winchester Boulevard, the valet area should not be used for transportation network companies (TMCs) such as Uber, Lyft, etc. while waiting for customers.

The site plan does not indicate on-site designated parking spaces for guest check-in or valet drop-off/ pick-up areas. The site should provide time restricted parking spaces on-site for guest check-in and a valet drop-off/pick-up area that can accommodate the storing of at least two vehicles.

Twenty-four two car mechanical parking lifts will be provided within the basement parking level. The parking lifts would extend outward onto the drive aisle while parking or retrieving a vehicle from the upper level of the lift. Parking and retrieving vehicles from the mechanical parking lifts would momentarily interfere with vehicular circulation as most of the drive aisle would be blocked by the extended lift. However, all parking operations will be operated by valets who will be familiar with the operations of stacker parking lifts. The project should work with City staff to ensure that specific requirements for the valet operations and mechanical lifts are met.

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4.18 TRIBAL CULTURAL RESOURCES

4.18.1 Tribal Cultural Resources Environmental Checklist Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Cause a substantial adverse change in the
significance of a tribal cultural resource, defined
in Public Resources Code section 21074 as either
a site, feature, place, or cultural landscape that is
geographically defined in terms of the size and
scope of the landscape, sacred place, or object
with cultural value to a California Native
American tribe, and that is:

1. Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources code section 5020.1(k), or
☐ ☐ ☒ ☐ 1,2,3

2. A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying
the criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1, the
lead agency shall consider the significance of
the resource to a California Native American
tribe.
☐ ☐ ☒ ☐ 1,2,3

4.18.2 Setting
As of July 1, 2015, California Assembly Bill 52 of 2014 (AB 52) was enacted and expands CEQA by defining a new resource category, “tribal cultural resources.” AB 52 establishes that “A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (PRC Section 21084.2).

It further states that the lead agency shall establish measures to avoid impacts that would alter the significant characteristics of a tribal cultural resource, when feasible (PRC Section 21084.3).

PRC Section 21074 (a)(1)(A) and (B) defines tribal cultural resources as “sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe” and is:

1. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or Section 4.0 Environmental Checklist
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2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying these criteria, the lead agency shall consider the significance of the resource to a California Native American tribe.

AB 52 also establishes a formal consultation process for California tribes regarding those resources.

The consultation process must be completed before a CEQA document can be certified. Under AB 52, lead agencies are required to “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project.” Native American tribes to be included in the process are those that have requested notice of projects proposed within the jurisdiction of the lead agency.

At the time of preparation of this Initial Study, no Native American tribes that are or have been traditionally culturally affiliated with the project vicinity have requested notification from the City of San José except for projects within the Coyote Valley (approximately 22 miles southeast of the site) or in downtown San José (approximately five miles northeast of the site). Due to the distance of the project site from Coyote Valley and the Downtown Core, the project would not have a significant impact on tribal cultural resources.

Tribal Cultural Resource (PRC § 20173, 21074, 21080.3.1 and 21084.3). For purposes of CEQA, Public Resources Code Sections 21073 and 21074 define “California Native American tribe” and “tribal cultural resources.” A California Native American tribe is defined as a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission.
(a) Tribal cultural resources are defined as:

1. Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
a. Included or determined to be eligible for inclusion in the California Register of Historical Resources.
b. Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1.

2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.
(b) A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. (c) A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in Section 4.0 Environmental Checklist
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subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a).

Public Resources Code § 21080.3.1 provides guidance for tribal consultation. Specifically, prior to the public release of a CEQA document, the lead agency must consult with any California Native American tribe if: (1) the California Native American tribe has submitted a written request to be informed by the lead agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe; and (2) the California Native American tribe provides a written response requesting consultation within 30 days of receipt of the formal notification.

The Native American Heritage Commission would help the lead agency identify California Native American tribes that are traditionally and culturally affiliated with the project area. Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to traditionally and culturally affiliated California Native American tribes that have requested notice. The written notice would include a brief description of the proposed project, project location, lead agency contact information, and a 30-day notice for the California Native American tribe to request consultation.

The tribal consultation process must begin within 30 days of receiving the written consultation request from the California Native American tribe.

4.18.3 Impact Discussion
1) Would the project cause a substantial adverse change in the significance of a tribal cultural resources as defined in Public Resources Code 21074 that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources code section 5020.1(k)? 2) Would the project cause a substantial adverse change in the significance of a tribal cultural resources as defined in Public Resources Code 21074 that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1?
(Less than Significant)
In 2017, the City sent a letter to tribal representatives in the area to welcome participation in consultation process for all ongoing, proposed, or future projects within the City’s Sphere of Influence or specific areas of the City. No tribes have sent written requests for notification of projects to the City of San José. In addition, at the time of preparation of this initial study, the City did not receive any requests for consultation from tribes. The proposed project is on a previously disturbed property in an urban setting. While there is always the potential for unknown Tribal Cultural resources or human remains to be present in the project area, impacts would be less than significant with implementation of the City’s standard permit conditions related to discovery of archaeological resources or human remains (refer back to Section 4.5, Cultural Resources).

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4.19 UTILITIES AND SERVICE SYSTEMS

4.19.1 Utilities and Services Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Require or result in the relocation or construction
of new or expanded water, wastewater treatment,
storm water drainage, electric power, natural gas,
or telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
☐ ☐ ☒ ☐ 1,2,3,5,
11,21,
22,23,
24,60
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
☐ ☐ ☒ ☐ 1,3,11
c) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has inadequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
☐ ☐ ☒ ☐ 1,3
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
☐ ☐ ☒ ☐ 1,3,24,
25,26,
27,28,
29 e) Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?
☐ ☐ ☒ ☐ 1,3,24,
25,26,
27,28,
29 4.19.2 Environmental Setting
Water Service
The project site is currently served by the San José Water Company. Water resources in San José are managed by the Santa Clara Valley Water District (Valley Water), which receives its water supply from several locations including local groundwater, local surface water, and imported treated water. In addition, there is a fourth and growing source of supply, non-potable recycled water. On average, groundwater from the major water-bearing aquifers of the Santa Clara Subbasin comprise one-third of San José Water’s potable water supply. These aquifers are naturally recharged by rainfall and streams and artificially recharged by recharge ponds operated by San José Water. San José Water’s source of potable water is from surface water in the local watersheds of the Santa Cruz Mountains. This surface water is sent to the water company’s Montevina Filter Plant for treatment prior to entering the distribution system (San José Water Company 2016, p. 3-2).

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According to the San Jose Water Company 2015 Urban Water Management Plan (urban water management plan), water supply (inclusive of imported water, groundwater, and surface water) availability will increase from 35,369 million gallons per year in 2015 to approximately 55,213 million gallons in 2040 (San José Water Company 2016, Table 4-3). Table 7-2 of the urban water management plan indicates that the water company anticipates adequate water supply through 2040 under average water year conditions (p.7-5). Under a single-dry year, water supplies are sufficient to meet demands through 2035, with year 2040 resulting in a demand of 3,118 million gallons more than what the supply is (p. 7-5). Over a multiple dry year supply and demand comparison, it appears that there would be sufficient water supplies under the first year, but the water demands in the second and third year would not be adequately supplied (San José Water Company 2016, Table 7-4).

To account for potential water shortages under severe drought conditions, San José Water has adopted a Water Shortage Contingency Plan, which requires a staged water reduction process. The Water Shortage Contingency Plan also includes prohibitions on end uses, which would further reduce water usage (San José Water Company 2016).

Wastewater/Sanitary Sewer System
San José Water does not own or operate any wastewater treatment facilities. All sewage generated within the San José Water’s service area is provided to the San José/Santa Clara Regional Wastewater Facility via the City and West Valley Sanitation District collection systems (San José Water Company 2016, p. 6-3).

The City’s Department of Environmental Services administers and operates the San José/ Santa Clara Regional Wastewater Facility (wastewater facility), which provides primary, secondary, and tertiary treatment of wastewater. After tertiary treatment, approximately 80 percent of the treated water is piped to the outfall channel, which then flows to Artesian Slough, through Coyote Creek, and eventually into the South San Francisco Bay. The remaining 20 percent of treated water is sent to the adjacent South Bay Water Recycling pump station to be used to irrigate crops, parks, schools, etc. (City of San José 2019).

The wastewater facility treats an average of 110 million gallons of wastewater per day (mgd) (City of San José 2019), with a capacity of up to 167 mgd (City of San José 2013). As a result, there is an existing available capacity of 57 mgd. According to the San Jose/Santa Clara Water Pollution Control Plant Master Plan, projections indicate that population growth will lead to an increase in wastewater flows to 172 mgd by 2040, which would require modifications to the wastewater facility and to the wastewater facility’s NPDES permit (p. 15).

According to the project plans (Sheet C3.0), the project would connect to the existing six-inch sanitary sewer line located within South Winchester Boulevard.

Storm Drainage
The City’s storm drain system is an underground collection system consists of approximately 1,250 miles of reinforced concrete pipes varying in size from 12 to 144 inches in diameter that function by gravity to carry untreated storm water to local creeks and rivers. Collected storm water runoff is Section 4.0 Environmental Checklist
1212-1224 South Winchester Boulevard Hotel 174 Initial Study City of San José May 2021
discharged to the creeks and rivers via storm outfall structures. The creeks and rivers, in turn, flow to the San Francisco Bay. According to the project plans (Sheet C3.0), project site drains to the existing 15-inch storm drain line located in South Winchester Boulevard.

Solid Waste
Republic Services provides solid waste collection services to all businesses in the City; therefore, Republic Services will serve the project site (Republic Services 2020). According to CalRecycle, the landfills that serve San José include Guadalupe Sanitary, Kirby Canyon, and Newby Island; each with a remaining capacity of 11,055,000 cubic yards; 16,191,600 cubic yards; and 21,200,000 cubic yards, respectively (CalRecycle 2020). Through an agreement with International Disposal Corporation of California (IDC), municipal solid waste generated in the City of San José that is not diverted through recycling or composting must go to Newby Island Landfill. However, Citycertified construction and demolition recycling facilities can be used during the construction phase.

Other Utilities
It is assumed that gas and electric utilities are currently provided by PG&E to the project site.

4.19.3 Regulatory Setting
Federal
Title 40 of the Code of Federal Regulations
Title 40 of the Code of Federal Regulations (CFR), Part 258 (Resource Conservation and Recovery Act RCRA, Subtitle D) contains regulations for municipal solid waste landfills and requires states to implement their own permitting programs incorporating the Federal landfill criteria. The Federal regulations address the location, operation, design, groundwater monitoring, and closure of landfills.

State
Assembly Bill 1826 (2014)
AB 1826 sets forth the requirements of the statewide mandatory commercial organics recycling program for businesses and multi-family dwelling with five or more units that generate four or more (two or more by December 31, 2020) cubic yards of commercial solid waste per week. AB 1826 sets a statewide goal for 50 percent reduction in organic waste disposal by the year 2020.

Senate Bill 1383
This bill would require the state board, no later than January 1, 2018, to approve and begin implementing that comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as specified. The bill also would establish specified targets for reducing organic waste in landfills.

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This bill would require the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission to undertake various actions related to reducing short-lived climate pollutants in the state. The bill would require state agencies to consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas.

California Integrated Waste Management Regulations (AB 939, AB 341, and SB 1016) To minimize the amount of solid waste that must be disposed of, the State Legislature passed the California Integrated Waste Management Act of 1989, effective January 1990. Under AB 939, all cities and counties were required to divert at least 50 percent of solid waste from landfill facilities by the year 2000 and every year thereafter. This act also requires every city and county to report to CalRecycle annually and requires jurisdictions to begin planning for new landfills when the jurisdiction’s primary disposal site reaches its 15-year capacity.

In 2008, Senate Bill 1016 was passed, which builds on AB 939 compliance requirements by implementing a streamlined measure of jurisdictions' performance. SB 1016 accomplishes this by focusing on a disposal-based indicator rather than diversion rates. The per capita disposal rate utilizes two factors: a jurisdiction's residents/employees and its disposal amount as reported by disposal facilities. Thus, rather than mandating a 50 percent or more diversion of solid waste, SB 1016 requires a 50 percent or less disposal rate of solid waste per capita. In 2012, the California legislature sought to further reduce solid waste disposal rates through AB 341, which set a goal of 75 percent recycling, composting, or source reduction of solid waste statewide by 2020. AB 341 also requires businesses that generate four or more cubic yards of waste per week and multi-family complexes of five or more units, to implement recycling programs.

CalRecycle
The California Department of Resources Recycling and Recovery, also known as CalRecycle, is a department within the California Environmental Protection Agency. CalRecycle administers and provides oversight for all of California’s state-managed waste handling and recycling programs.

Known mostly for overseeing beverage container and electronic-waste recycling, CalRecycle is also responsible for organics management, used tires, used motor oil, carpet, paint, mattresses, rigid plastic containers, plastic film wrap, newsprint, construction and demolition debris, medical sharps waste, household hazardous waste, and food-scrap composting. In addition to these duties CalRecycle also provides training and support for agencies that regulate and inspect California’s solid waste facilities including active landfills, materials recovery facilities, solid waste transfer stations, and compost facilities.

Regional Water Quality Control Board.

The State Water Resources Control Board and the nine Regional Water Quality Control Boards are responsible for assuring implementation and compliance with the provisions of the Clean Water Act and the Porter-Cologne Water Quality Control Act. The state board and regional boards are designated as lead agencies in implementing the Clean Water Act and Porter-Cologne Water Section 4.0 Environmental Checklist
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Quality Control Act. The City is within the jurisdiction of the San Francisco Bay Regional Water Quality Control Board. Refer back to Section 4.10, Hydrology and Water Quality, Regulatory subsection for more information on the regional board.

Title 22 of California Code of Regulations
Title 22 regulates the use of reclaimed wastewater. In most cases only disinfected tertiary water may be used on food crops where the recycled water would come into contact with the edible portion of the crop. Disinfected secondary treatment may be used for food crops where the edible portion is produced above ground and will not come into contact with the secondary effluent. Lesser levels of treatment are required for other types of crops, such as orchards, vineyards, and fiber crops.

Standards are also prescribed for the use of treated wastewater for irrigation of parks, playgrounds, and landscaping.

California Green Building Standards Code
In January 2010, the State adopted the California Green Building Standards Code (“CALGreen”) establishing mandatory green building standards for all buildings in California. The code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resources efficiency, and indoor environmental quality. These standards include a mandatory set of guidelines, as well as more rigorous voluntary measures, for new construction projects to achieve specific green building performance levels:
 Reducing indoor water use by 20 percent;
 Reducing wastewater by 20 percent;
 Recycling and/or salvaging 65 percent of nonhazardous construction and demolition (“C&D”) debris, or meeting the local construction and demolition waste management ordinance, whichever is more stringent (see San Jose-specific CALGreen building code requirements in the local regulatory framework section below); and  Providing readily accessible areas for recycling by occupants.

Regional/Local
Construction and Demolition Diversion Deposit Program
The Construction and Demolition Diversion Deposit Program (CDDD) requires projects to divert at least 50% of total projected project waste to be refunded the deposit. Permit holders pay this fully refundable deposit upon application for the construction permit with the City if the project is a demolition, alteration, renovation, or a certain type of tenant improvement. The minimum project valuation for a deposit is $2000 for an alteration-renovation residential project and $5000 for a nonresidential project. There is no minimum valuation for a demolition project and no square footage limit for the deposit applicability. The deposit is fully refundable if C&D materials were reused, Section 4.0 Environmental Checklist
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donated, or recycled at a City-certified processing facility. Reuse and donation require acceptable documentation, such as photos, estimated weight quantities, and receipts from donations centers stating materials and quantities.

Santa Clara County Integrated Waste Management Plan
The Santa Clara County Integrated Waste Management Plan, prepared in compliance with Assembly Bill 939 and more recently Senate Bill 1016, is the primary tool for waste reduction and recycling programs that are countywide in scope. This plan sets the countywide goals for reducing waste sent to landfills by 50 percent by 2000 and each year thereafter.

City’s Green Building Policy
Under the City’s Green Building Policy, all private sector and municipal building projects constructing or adding more than 10,000 square feet of occupied space (as defined in the adopting building code) are required to be designed and constructed to achieve, at a minimum, the United States Green Building Council’s (USGBC) Leadership in Energy and Environmental Design (LEED TM) rating system Silver-level certification with a goal of reaching LEED Gold or Platinum levels.

The City of San José requires 75 percent diversion of nonhazardous construction and demolition debris for projects that quality under CALGreen (San José Municipal Code Section 9.10.2480).

Permit holders must submit a waste management plan for the 75 percent diversion to be considered compliant.

Envision San José 2040 General Plan
Chapter 3, Environmental Leadership, in the General Plan sets forth sustainability goals for the City through 2040. The following policies are germane to the proposed project:

Policy MS-3.1 Require water-efficient landscaping, which conforms to the State’s Model Water Efficient Landscape Ordinance, for all new commercial, institutional, industrial, and developer-installed residential development unless for recreation needs or other area functions.

Policy MS-3.2 Promote use of green building technology or techniques that can help reduce the depletion of the City’s potable water supply as building codes permit. For example, promote the use of captured rainwater, graywater, or recycled water as the preferred source for non-potable water needs such as irrigation and building cooling, consistent with Building Codes or other regulations.

Policy MS-3.3 Promote the use of drought tolerant plants and landscaping materials for nonresidential and residential uses.

Policy IN-3.5 Require development which will have the potential to reduce downstream LOS to lower than “D”, or development which would be served by downstream lines already operating at a LOS lower than “D”, to provide mitigation measures to improve the LOS to “D” or better, either acting independently or jointly with other developments in the same area or in coordination with the City’s Sanitary Sewer Capital Improvement Program.

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Policy IN-3.7 Design new projects to minimize potential damage due to stormwaters and flooding to the site and other properties.

Policy IN-3.9 Require developers to prepare drainage plans that define needed drainage improvements for proposed developments per City standards.

Policy IN-3.10 Incorporate appropriate stormwater treatment measures in development projects to achieve stormwater quality and quantity standards and objectives in compliance with the City’s National Pollutant Discharge Elimination System (NPDES) permit.

Policy MS-17.2 Ensure that development within San José is planned and built in a manner consistent with sustainable use of current and future water supplies by encouraging sustainable development practices, including low-impact development, water-efficient development and green building techniques. Support the location of new development within the vicinity of the recycled water system and promote expansion of the SBWR system to areas planned for new development. Residential development outside of the Urban Service Area can be approved only at minimal levels and only allowed to use non-recycled water at urban intensities. For residential development outside of the Urban Service Area, restrict water usage to well water, rainwater collection or other similar sustainable practice. Non-residential development may use the same sources and potentially make use of recycled water, provided that its use will not result in conflicts with other General Plan policies, including geologic or habitat impacts. To maximize the efficient and environmentally beneficial use of water, outside of the Urban Service Area, limit water consumption for new development so that it does not diminish the water supply available for projected development within San Jose’s urbanized areas.

Policy MS-19.1 Require new development to contribute to the cost-effective expansion of the recycled water system in proportion to the extent that it receives benefit from the development of a sustainable local water supply.

Policy MS-19.4 Require the use of recycled water wherever feasible and costeffective to serve existing and new development.

Policy IN-3.3 Meet the water supply, sanitary sewer and storm drainage level of service objectives through an orderly process of ensuring that, before development occurs, there is adequate capacity. Coordinate with water and sewer providers to prioritize service needs for approved affordable housing projects.

Policy IP-15.1 New development is required to construct and dedicate to the City all public improvements directly attributable to the site. This includes neighborhood or community parks and recreation facilities, sewer extensions, sewer laterals, street improvements, sidewalks, street lighting, fire hydrants and the like. In the implementation of the level of service policies for transportation, sanitary sewers, and neighborhood and community parks, development is required to finance improvements to nearby intersections or downstream sewer mains in which capacity would be exceeded, and dedicate land, pay an in-lieu fee or finance improvements for parks and recreation needs which would result from the development.

Section 4.0 Environmental Checklist
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Policy EC-5.7 Allow new urban development only when mitigation measures are incorporated into the project design to ensure that new urban runoff does not increase flood risks elsewhere.

Policy EC-5.11 Reduce the amount of impervious surfaces as a part of redevelopment and roadway improvements through the selection of materials, site planning, and street design where possible.

Action EC-5.16 Implement the Post-Construction Urban Runoff Management requirements of the City’s Municipal NPDES Permit to reduce urban runoff from project sites.

4.19.4 Impact Discussion
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment, storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
(Less than Significant)
The project would incrementally increase demands on utility services. Given the small scale of the project (119 hotel guestrooms), the increase in utility demand is expected to be minor, since it represents a small fraction of the total growth identified in the City’s General Plan.

Water service to the site would be supplied by the San Jose Water Company (SJWC), a private entity that obtains water from a variety of groundwater and surface water sources. Because the project is consistent with the City’s General Plan, the growth proposed by the project and its associated water use was addressed in the General Plan EIR.

The City of San José owns and maintains the sanitary sewer drain system in the project area.

The project proposes to construct a sanitary sewer lateral that would tie into the City’s existing sewer main in South Winchester Boulevard.

As described in Section 4.10, Hydrology and Water Quality, the project would not significantly impact storm drainage facilities. While the project would result in an increase in the amount of impervious surfaces on the site, the resulting increase in runoff from the site would be managed and treated in accordance with City policies, which includes implementation of the stormwater control plan.

As described in Section 4.6, Energy, the project would have a less than significant impact related to natural gas and electricity use (among other energy sources). The provision/relocation of telecommunication facilities would be coordinated between the project applicant and telecommunication provider, and no significant environmental effects are anticipated as a result of this infill project.

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For the reasons presented above, the project is not expected to require or result in the relocation or construction of new or expanded water, wastewater treatment, storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? (Less Than Significant)
The project would incrementally increase demands on utility services. Water service to the site would be supplied by SJWC, a private entity that obtains water from a variety of groundwater and surface water sources. Additionally, because the project is consistent with the City’s General Plan, the growth proposed by the project and its associated water use was addressed in the General Plan EIR.
c) Would the project result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (Less than Significant)
As stated in checklist question a) above, the General Plan EIR determined that development allowed under the General Plan would not exceed the City’s allocated capacity of the wastewater facility. The proposed project is consistent with the General Plan designation Neighborhood/Community Commercial; therefore, commercial development of the site has been anticipated in the City’s General Plan and evaluated in the General Plan EIR. Therefore, the proposed project would not result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the proposed project’s demands in addition to its existing commitments.
d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
(Less than Significant)
Pursuant to City direction, collection activities cannot be performed in covered or below-grade locations without a prior approval from the City. Property owners will need to push solid waste collection bins outside to nearest available open street during collection days or pay haulers the premium rate for push service collection.

All commercial, residential, and City-facility generated solid waste must be disposed at Newby Island landfill, in accordance with the municipal agreement with the International Disposal Corporation of California. However, solid waste generated by proposed project during construction can be disposed of at any of the City-certified construction and demolition Section 4.0 Environmental Checklist
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recycling facilities. Once the project is completed, all commercial solid waste produced in San Jose is processed at a Material Recovery Facility (MRF) before they are disposed of at the landfill. According to CalRecycle, the landfill has a remaining capacity of 21,200,000 cubic yards. Anticipated closure date is 2041(CalRecycle 2020).

According to the CalRecycle’s Disposal Rate Calculator for the year 2018, the City produced

3.8 pounds of solid waste per resident per day and 9.6 pounds of solid waste per employee per day (CalRecycle 2020). The proposed project will not result an increase in population but would involve 10 employees and 119 guestrooms at full capacity. Therefore, the proposed project could generate approximately 96 pounds of employee solid waste per day (9.6 pounds per person per day x 10 employees) or 0.05 tons of employee solid waste per day, and 452.2 pounds of solid waste per resident per day (3.8 pounds per resident per day x 119 guestrooms at full capacity) or 0.23 tons of solid waste per resident per day. In total, the proposed project could generate, at full capacity, approximately 0.28 tons of solid waste per day (0.05 tons per employee per day + 0.23 tons per resident per day).

The proposed project’s contribution of 0.28 tons of solid waste per day would not exceed the landfill’s maximum permitted throughputs of 4,000 tons per day at Newby Island Landfill.

Therefore, the proposed project would not generate solid waste that would exceed landfill capacity. Further, the proposed project would be required to comply with federal, state, and local statutes and regulations related to solid waste.
e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
(Less than Significant)
Final project design would be required to comply with all federal, State, and local statutes and regulations related to solid waste disposal.

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4.20 WILDFIRE

4.20.1 Wildfire Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
☐ ☐ ☐ ☒ 1,3,62
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to pollutant concentrations
from a wildfire or the uncontrolled spread of
wildfire?
☐ ☐ ☐ ☒ 1,3,62
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
☐ ☐ ☐ ☒ 1,3,62
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒ 1,3,62

4.20.2 Environmental Setting
The project site is located within an urbanized area of San José and is surrounded by existing urban development. According to the Cal Fire maps, the project site is identified as not being within a very high fire hazard zone (Cal Fire 2018).

4.20.3 Regulatory Setting
Local
Envision San José 2040 General Plan
Chapter 3 of the City’s General Plan sets forth the goal to protect lives and property from risks associated with fire-related emergencies at the urban/wildland interface. Although the project site is not located within a fire hazard area, the following policies are germane to the proposed project:

Policy EC-8.1 Minimize development in very high fire hazard zone areas. Plan and construct permitted development so as to reduce exposure to fire hazards and to facilitate fire suppression efforts in the event of a wildfire.

Section 4.0 Environmental Checklist
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Policy EC-8.2 Avoid actions which increase fire risk, such as increasing public access roads in very high fire hazard areas, because of the great environmental damage and economic loss associated with a large wildfire.

Policy EC-8.4 Require use of defensible space vegetation management best practices to protect structures at and near the urban/wildland interface.

4.20.4 Impact Discussion
a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors, would the project exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire?
c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
(No Impact)
The project site is located within an urbanized area of San José and is surrounded by existing urban development. Furthermore, the project site is not within or near a very high fire hazard zone (Cal Fire 2018). Therefore, the proposed project would not expose people or structures to a significant risk involving wildfires nor exacerbate the risk of wildfire.

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4.21 MANDATORY FINDINGS OF SIGNIFICANCE

4.21.1 Environmental Checklist
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Checklist
Source(s)
Would the project:
a) Does the project have the potential to
substantially degrade the quality of the
environment; substantially reduce the habitat of a
fish or wildlife species; cause a fish or wildlife
population to drop below self-sustaining levels;
threaten to eliminate a plant or animal
community; substantially reduce the number or
restrict the range of an endangered, rare, or
threatened species; or eliminate important
examples of the major periods of California
history or prehistory?
☐ ☒ ☐ ☐ 1,3,5,8,
14,49,
50 b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project are
considerable when viewed in connection with the
effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
☐ ☒ ☐ ☐ 1,30,31,
32,33
c) Does the project have environmental effects,
which will cause substantial adverse effects on
human beings, either directly or indirectly?
☐ ☒ ☐ ☐ 1,30,31,
32,33,
61 4.21.2 Impact Discussion
a) Does the project have the potential to substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; substantially reduce the number or restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major periods of California history or prehistory?
(Less Than Significant with Mitigation)
As discussed in Section 4.4 Biological Resources, special-status species are not expected to occur in areas of the City already urbanized, such as the project site. However, the nine existing trees located on the project site proposed for removal could support nesting birds protected under the Migratory Bird Treaty Act. Implementation of Mitigation Measure BIO-1 would protect nesting birds and reduce the impact to a less than significant level.

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As described in Section 4.5 Cultural Resources, the project site does not consist of historic structures on-site and is not known to contain any historic or prehistoric resources. However, it is possible that these resources could be accidentally uncovered during grading and construction activities. In the event this should occur, standard permit conditions would ensure that the potential impacts would not be significant.
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Less Than Significant with Mitigation)
The proposed project has the potential to result in cumulatively considerable impacts in the areas of air quality (construction-related impacts, such emissions of dust and exhaust and implementing a plan to reduce construction particulate matter exhaust emissions by at least 70 percent with implementation of the mitigation identified in Section 4.3, Air Quality). However, with the implementation of identified mitigation measures, impacts of the proposed project would not be cumulatively considerable.
c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
(Less Than Significant with Mitigation)
Based on the analysis provided in this Initial Study, the proposed project could indirectly cause substantial adverse effects to human beings through exposure to TACs and noise. However, with implementation of standard permit conditions and Mitigation Measures AQ-1 and N-1, the proposed project would not result in environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly Section 4.0 Environmental Checklist
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REFERENCES

BIBLIOGRAPHY

1. Carpira Design Group. February 2021. Applicant Project Plans.

2. City of San José. November 2011. Envision San José 2040 General Plan. San José, CA. https://www.sanjoseca.gov/DocumentCenter/View/474

3. City of San José. June 2011. Draft Program Environmental Impact Report for the Envision San José 2040 General Plan. San José, CA.

4. City of San José. Code of Ordinances.
https://library.municode.com/ca/san_jose/codes/code_of_ordinances

5. City of San José. “Public GIS Viewer.” Accessed on August 27, 2020.

6. California Department of Conservation. “California Important Farmland Finder.” Accessed on September 2, 2020. https://maps.conservation.ca.gov/DLRP/CIFF/

7. City of San José. May 1990. Nonresidential – Commercial Design Guidelines. https://www.sanjoseca.gov/index.aspx?NID=1734

8. County of Santa Clara. August 2012. Final Santa Clara Valley Habitat Plan. Santa Clara County, CA. https://scv-habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan

9. Cornerstone Earth Group. October 2019. Geotechnical Feasibility Study. Walnut Creek, CA.

10. City of San José. August 2017. Winchester Boulevard Urban Village Plan. San José, CA. http://www.sanjoseca.gov/DocumentCenter/View/80871

11. San José Water Company. June 2016. 2015 Urban Water Management Plan. San José, CA. http://wuedata.water.ca.gov/public/uwmp_attachments/5545697867/2015%20UWMP%20with%20 Appendices.pdf

12. City of San José. August 2016. “Riparian Corridor Protection and Bird-Safe Design County Policy.” Accessed on September 25, 2019.
https://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=585001

13. City of San José. “San Jose Designated Historic City Landmarks.” Accessed on October 9, 2019. http://www.sanjoseca.gov/DocumentCenter/View/35476

14. City of José. “City José of San Historic Resources Inventory.” Accessed on October 9, 2019. https://www.sanjoseca.gov/DocumentCenter/View/35475

15. California Department of Toxic Substances Control. 2019. EnviroStor Database; Accessed on September 27, 2019. https://www.envirostor.dtsc.ca.gov/

16. Google, Inc. 2020. Google Earth Pro.

References
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17. City of San José. “Heritage Tree List.” Accessed on September 20, 2019. https://www.sanjoseca.gov/index.aspx?NID=3435

18. Santa Clara Valley Water. “Groundwater Management.” Accessed on October 1, 2019. https://www.valleywater.org/your-water/where-your-water-comes-from/groundwater/groundwatermanagement

19. City of San José. “Regulated and Special Projects – Special Projects.” Accessed on October 14, 2019. https://www.sanjoseca.gov/index.aspx?NID=5215

20. City of San José. December 2018. Envision San José 2040 General Plan Planned Growth Areas Diagram. San José, CA.

21. San José Water Company. December 2016. Museum Place Mixed-Use Project Water Supply Assessment. San Jose, CA. https://www.sanjoseca.gov/home/showdocument?id=20379

22. City of San José. “Treatment Process.” Accessed on October 16, 2019. http://www.sanjoseca.gov/index.aspx?NID=1672

23. City of San José. “San José-Santa Clara Regional Wastewater Facility.” Accessed on October 16, 2019. http://www.sanjoseca.gov/index.aspx?NID=1663

24. Republic Services. “Welcome to Republic Services in San José.” Accessed on August 1, 2020. http://local.republicservices.com/site/santa-clara-ca/san-jose

25. CalRecycle. “Newby Island Sanitary Landfill.” Accessed on August 1, 2020. https://www2.calrecycle.ca.gov/swfacilities/Directory/43-AN-0003/

26. CalRecycle. “Kirby Canyon Recycle and Disposal Facility.” Accessed on August 1, 2020. https://www2.calrecycle.ca.gov/swfacilities/Directory/43-AN-0008/

27. CalRecycle. “Guadalupe Sanitary Landfill.” Accessed on August 1, 2020. https://www2.calrecycle.ca.gov/swfacilities/Directory/43-AN-0015/

28. Santa Clara County Integrate Waste Management. 2011. “SCC 3rd Five-Year Review Report Revised.” https://www.sccgov.org/sites/rwr/Documents/CoIWMP/CalRecycle709-rev7.pdf

29. CalRecycle. “San Jose 2018 - Jurisdiction per Capita Disposal Trends.” Accessed on October 16, 2019. https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/ReviewReports

30. Bay Area Air Quality Management District. April 19, 2017. 2017 Clean Air Plan: Spare the Air, Cool the Climate. San Francisco, CA. http://www.baaqmd.gov/~/media/files/planning-andresearch/plans/2017-clean-air-plan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf?la=en

31. Bay Area Air Quality Management District. May 2017. California Environmental Quality Act Air Quality Guidelines. San Francisco, CA. http://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en References
1212-1224 South Winchester Boulevard Hotel 189 Initial Study City of San José May 2021

32. EMC Planning Group. August 14, 2020. 1212-1224 South Winchester Boulevard Hotel – Criteria Air Pollutant and GHG Emissions Modeling Assessment. Monterey, CA. Appendix B.

33. Illingworth and Rodkin. August 28, 2020. Winchester Hotel Community Risk Assessment.

Cotati, CA.

34. EMC Planning Group. August 5, 2020. EMFAC Results. Monterey, CA. Appendix D.

35. California Energy Commission. Electricity Consumption by County; Accessed August 5, 2020a. http://www.ecdms.energy.ca.gov/elecbycounty.aspx

36. California Energy Commission. Gas Consumption by County; Accessed August 5, 2020b. http://www.ecdms.energy.ca.gov/gasbycounty.aspx

37. Essel Environmental Engineering and Consulting. October 2019. Phase I Environmental Site Assessment. Oakland, CA.

38. City of San José. October 7, 2008. City of San José Council Policy: Private Sector Green Building Policy (6-32). https://www.sanjoseca.gov/home/showdocument?id=12809

39. California Energy Commission. March 2018. 2019 Building Energy Efficiency Standards:

Frequently Asked Questions.
https://ww2.energy.ca.gov/title24/2019standards/documents/Title_24_2019_Building_Standards_ FAQ_ada.pdf

40. California Air Resources Board. May 2014. First Update to the Climate Change Scoping Plan Building on the Framework Pursuant to AB 32 The California Global Warming Solutions Act of 2006.
https://www.arb.ca.gov/cc/scopingplan/2013_update/first_update_climate_change_scoping_plan. pdf

41. California Department of Finance. January 2020a. Table P-1: Total Estimated and Projected Population for California and Counties: July 1, 2010 to July 1, 2060 in 1-year Increments; Accessed August 5, 2020. http://www.dof.ca.gov/Forecasting/Demographics/projections/

42. California Employment Development Department. July 2020. 2018-2028 Occupational Employment Projections California; Accessed August 5, 2020. https://www.labormarketinfo.edd.ca.gov/data/employment-projections.html

43. City of San José. Greenhouse Gas Reduction Strategy Compliance Checklist.

44. City of San José. June 2011. Greenhouse Gas Reduction Strategy for the City of San José. https://www.sanjoseca.gov/home/showdocument?id=28213

45. United States Environmental Protection Agency. “Overview of Greenhouse Gases.” Last modified May 28, 2020. https://www.epa.gov/ghgemissions/overview-greenhouse-gases

46. California Department of Finance. May 2020b. Report E-5: Population and Housing Estimates for Cities, Counties, and the State, January 1, 2011-2020, with 2010 Benchmark; Accessed July 28, 2020. http://dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ References
1212-1224 South Winchester Boulevard Hotel 190 Initial Study City of San José May 2021

47. Caltrans. “California State Scenic Highway System Map.” Accessed on August 18, 2020. https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000dfcc19983

48. City of San José. June 2016. Scenic Corridors Diagram. https://www.sanjoseca.gov/home/showdocument?id=22565

49. Blanco, Maira, Planner, City of San José Department of Planning, Building, and Code Enforcement. Email message to consultant, 21 August 2020.

50. Blanco, Maira, Planner, City of San José Department of Planning, Building, and Code Enforcement. Email message to consultant, 1 April 2020.

51. Santa Clara Valley Habitat Agency. “Habitat Agency Geobrowser.” Accessed on August 19, 2020. http://www.hcpmaps.com/habitat/

52. Santa Clara Valley Water District. November 2016. 2016 Groundwater Management Plan.

San Jose, CA. https://s3.us-west2.amazonaws.com/assets.valleywater.org/2016%20Groundwater%20Management%20Plan.pdf

53. Santa Clara County. November 2016. Comprehensive Land Use Plan Santa Clara County, Norma Y. Mineta San Jose International Airport. San Jose, CA. https://www.sccgov.org/sites/dpd/DocsForms/Documents/ALUC_SJC_CLUP.pdf

54. California Environmental Protection Agency. “Sites Identified with Waste Constituents above Hazardous Waste Levels Outside the Waste Management Unit.” Accessed on August 26, 2020. https://calepa.ca.gov/wp-content/uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf

55. State Water Resources Control Board. “GeoTracker.” Accessed on August 26, 2020. https://geotracker.waterboards.ca.gov/map/?myaddress=California&from= header&cqid=1173825919

56. Nicholas Wages, Bay Area Tree Specialists. March 2020. 1073-1087 South Winchester Tree Evaluation.

57. Hexagon Transportation Consultants, Inc. June 2020. 1212 South Winchester Hotel Development – Transportation Analysis. Gilroy, CA.

58. Hexagon Transportation Consultants, Inc. March 2020. 1212 South Winchester Hotel Development – Draft Transportation Demand Management (TDM) Plan. Gilroy, CA.

59. City of San José. November 2013. San Jose/Santa Clara Water Pollution Control Plant Master Plan. San José, CA. https://www.sanjoseca.gov/home/showdocument?id=206

60. City of Los Angeles. December 2010. Ill Villaggio Toscano Project Environmental Impact Report. Accessed on August 28, 2020.
https://planning.lacity.org/eir/VillaggioToscano/DEIR/files/IV.L_2_%20Wastewater.pdf

61. WJV Acoustics, Inc. September 2020. Environmental Noise Assessment 1212 & 1224 Winchester Boulevard Hotel San Jose, California WJVA Report No. 19-041. Visalia, CA.

References
1212-1224 South Winchester Boulevard Hotel 191 Initial Study City of San José May 2021

62. Cal Fire. 2018. “Fire Hazard Severity Zones Map.” Accessed on January 28, 2021. https://egis.fire.ca.gov/FHSZ//

63. City of San José. Activate SJ Strategic Plan. Accessed on January 29, 2021. https://www.sanjoseca.gov//home/showdocument?id=43503
References
1212-1224 South Winchester Boulevard Hotel 192 Initial Study City of San José May 2021
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1212-1224 South Winchester Boulevard Hotel 193 Initial Study City of San José May 2021

LIST OF PREPARERS
EMC Planning Group prepared this initial study under contract to the City of San José. Adam Petersen is the Environmental Project Manager from the City of San José. Persons involved in data gathering analysis, project management, and quality control include the following.

EMC Planning Group
Polaris Kinison Brown, MS, Principal Planner and Project Manager Shoshana Wangerin, Associate Planner and Report Author
Tanya Kalaskar, MS, Associate Planner and Report Author Sally Rideout, EMPA, Principal Planner and Editor
Teri Wissler Adam, Senior Principal and Editor
EJ Kim, Graphics
Illingworth & Rodkin
Casey Divine
James A. Reyff
Health Risk Assessment
WJV Acoustics, Inc.

Walter J. Van Groningen, President
Environmental Noise Assessment
Cornerstone Earth Group
Stephen C. Ohlsen, P.E., Senior Staff Engineer
Danh T. Tran, P.E., Senior Principal Engineer
Geotechnical Feasibility Study
Essel Environmental Engineering & Consulting
Minh Ngo, Project Geologist
Tyler Barazoto, Environmental Consultant
Nik Lahiri, Principal
Phase I Environmental Site Assessment
Hexagon Transportation Consultants, Inc.

Robert Del Rio, Traffic Engineer, Vice President and Principal Associate Transportation Analysis
Transportation Demand Management Plan
Arborist
Nicholas Wages, Certified Arborist
Tree Evaluation Report
List of Preparers
1212-1224 South Winchester Boulevard Hotel 194 Initial Study City of San José May 2021
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APPENDIX A

PROJECT PLANS

A.03 A.05 A.04 A.06 A.07 COVER SHEET 2ND FLOOR PLAN ROOF PLAN TITLE SHEET BUILDING ELEVATION (FRONT) BUILDING SECTION B-B A.14 A.29 TABLE OF CONTENTS A.01 ARCHITECTURAL A.02 BASEMENT(-1) FLOOR PLAN A.00 A.30 BUILDING SECTION A-A MATERIAL BOARD PROJECT INFORMATION SITE PHOTOS BIRD VIEW RENDERING LANDSCAPE ARCHITECTURE L.01 L.02 L.03 L.04 VICINITY MAP PARKING RAMP PLAN A.09 A.10 A.11 A.12 A.13 6TH FLOOR PLAN 5TH FLOOR PLAN 4TH FLOOR PLAN 3RD FLOOR PLAN WINCHESTER HOTEL BUILDING RENDERING BUILDING RENDERING FIRST FLOOR PLAN A.15 A.16 A.17 A.18 A.19 A.20 A.21 A.22 A.23 A.24 A.26 A.28 A.08 BUILDING ELEVATION (RIGHT) BUILDING ELEVATION (REAR) BUILDING ELEVATION (LEFT) FIRST FLOOR LANDSCAPE PLAN SITE IMAGERY PLANTING IMAGERY COVER SHEET A.00 SHADOW STUDY SITE PLAN TRANSPARENCY STUDY SHADOW STUDY SURVEY S.01 SURVEY PLAN 1224&1212 ,S.WINCHESTER BLVD. , SAN JOSE, CA 95128 FIRST FLOOR LANDSCAPE PLAN BUILDING RENDERING JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 6-6-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/20192 REV-2 05/15/2020 CIVIL ENGINEERING C1.0 C2.0 C3.0 TITLE SHEET GRADING, DRAINAGE AND UTILITY PLAN DEMOLITION PLAN C3.1 STORMWATER CONTROL PLAN C4.1 MEDIA FILTRATION DETAILS C4.0 SECTION & DETAILS STORMWATER CONTROL NOTES & DETAILS C4.2 A.25 BUILDING RENDERING L.05 TREE MITIGATION A.27 BIRD VIEW RENDERING C5.0 FIRE LAYOUT SP20-016
3 REV-3 02/01/2021
408-921-1882 30025 ALICIA PKWY SAM MONFARED MASOUMI [email protected] DESIGNER : 949-553-0548 310-795-4009 2881 HEMLOCK AVE, SAN JOSE, CA 95128 LAGUNA NIGUEL - CA 92677 E-MAIL : OWNER : E-MAIL : CIVIL ENGINEER: E-MAIL : CONTACT : LANDSCAPE ENGINEER : PHADAM ASKARI [email protected] JMH WEISS, INC. 1731 Technology Drive, Suite 880 San Jose, CA 95110 [email protected] Dj Edwards. PE. QSD 408-790-4982 APPLICANT: TITLE SHEET A.01 401 FIELDCREST DRIVE, SAN JOSE, CA 95123 HENRY CORD408-283-7292 408-307-0166 CORD ASSOCIATES REAL ESTATE SERVICES CA BROKER LIC. 01176923 SCALE : 1"=500' SURVEY ENGINEER : MKessler & ASSOCIATES ONE VENTURE SUITE 130, IRVINE , CA 92618 949 -339
-5330 SITE E-MAIL : [email protected]
PH : (650) 492-3249 SHILA YASMEH 628 N. MAPLE DR. BEVERLY HILLS - CA 90210 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/20192 REV-2 05/15/2020 SCALE : 1"=500' SITE SP20-016
3 REV-3 02/01/2021
PROJECT INFORMATION & TABLES A.02 PROJECT ADDRESS : TYPE OF CONSTRUCTION : BUILDING CLASSIFICATION: GENERAL PLAN DESIGNATION: OWNER : ASSESSOR PARCEL NO. : LOT SIZE : ADAM ASKARI Type I-A & III-A Urban Village FRONT SETBACK SIDE YARD SETBACK REAR SETBACK SIDE YARD SETBACK 26'-0" (first floor: 31'-0") 6'-0" BUILDING HEIGHT : 64'-7" 20'-0" GOVERNMENT BODY : 6'-0" PROJECT DESCRIPTION The project proposes to develop an 6-story hotel (up to a height of 64'7" feet) with up to 119 guestrooms. The first floor would contain the main lobby reception area, guest luggage storage, coffee station and bar area, 2 office rooms , accounting, management, employees break room, men locker room, women locker room,fire control room, laundry, security, fire pomp room, electrical room, and 11 guest rooms. Common outdoor areas for hotel guests are proposed to be locatedon 2nd floor that contain gym and lockers, jacuzzi, steam room,breakfast area and kitchen 18 guest rooms would also be located on 2nd floor. Floors 3 through 6 would contain guest rooms that would range from approximately 270 to 770 square feet in size. A total of 66 parking spaces are provided. Parking is provided by one underground parking level which is using double parking system , which will be supported by a TDM plan. A 20 feet rear setback and 6 feet side setback is provided, and additional sidewalk easements will be provided to allow for 20 feet sidewalk are provided on Winchester avenue. HOTEL 279-17-020 & 279-17-021 ROOM MATRIX SETBACK TABULATION 6th FLOOR 2nd FLOOR 5th FLOOR 4th FLOOR 3rd FLOOR LOBBY & COFFEE SHOP& OFFICE& RECEPTION TOTAL BASEMENT FLOOR -1 1st FLOOR HOTEL ROOMS HOTEL ROOMS PARKING & FLOORS HOTEL ROOMS + HOTEL ROOMS & SECURITY & LAUNDRY HOTEL ROOMS& RESTAURANT/COFFEE SHOP FLOOR USE FLOOR AREA +GYM/STEAM ROOM & JACUZZI FLOOR AREA TABLE sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. REQUIRED 1 PER ROOM & OFFICE 1 PER 1 EMPLOYEE 119 SPACES 10 SPACES TOTAL PROJECT REQUIREMENT PARKING TABLE -WINCHESTER HOTEL RATIO HOTEL ROOMS 119 ROOMS PARKING REDUCTION PARKING PROVIDED BICYCLE & MOTORCYCLE TABLE - WINCHESTER HOTEL 0 % PROVIDED 7 SPACES REQUIRED 12 SPACES 1 SPACE TOTAL PROJECT REQUIREMENT 13 SPACES BICYCLE RATIO REQUESTED TDM REDUCTION BICYCLE BICYCLE MOTORCYCLE 7 SPACES MOTORCYCLE 37 SPACES BICYCLE 8 SPACES MOTORCYCLE 10 EMPLOYEES 129 SPACES EMPLOYEES & OFFICE HOTEL ROOMS EMPLOYEES 1 PER 20 CODE REQUIRED OCCUPANCY GROUP : R1 1 PER 10 ROOMS 1 PER 10 EMPLOYEES PARKING TABLE -WINCHESTER HOTEL8 PARKING TABULATION UNDERGROUND PARKING LEVEL (SINGLE) SPACE REQUESTED TDM REDUCTION 6629 6663 49.0 % UTILITY ROOMS HOTEL ROOMS TOTAL 1224&1212 S.WINCHESTER BLVD. , SAN JOSE, CA 95128 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 6-9-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 20531.4 15512.9 15282.3 16062.3 16062.3 12657.9 10970.8 107079.9 Type I-A Type III-A Type III-A Type III-A Type III-A Type III-A Type I-A UNDERGROUND PARKING LEVEL (DOUBLE) sq.ft. KING QUEEN 13.4% 10.9% 119 6th FLOOR 2nd FLOOR TOTAL 5th FLOOR 4th FLOOR 3rd FLOOR HOTE ROOM _ TOTAL BASEMENT FLOOR -1 1st FLOOR _ HOTEL ROOMS 1 TYPE OF ROOMS PARKING _ _ 27 FLOORS HOTEL ROOMS HOTEL ROOMS ONE BEDROOM SUITE 2 3 PERCENT _ 1 6 100% 1 HOTEL ROOMS _ 1 18 75.6% ACCESSIBLE KING ACCESSIBLE QUEEN COMMON AREA 22151315_ 311 1 222319 85 5 14 2 13 __ 10 6 _ HOTEL ROOMS 1 _ _ _ 2 _ 3 10 1 11 LOBBY CITY OF SAN JOSE 30,074.52 SQ. FT.

SP20-016
3 REV-3 02/01/2021

JACUZZI

WINCHESTER BLVD

SITE PLAN
A.03
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected] FILE NAME: WINCH-EDIT PLOT DATE: 12-6-20

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210 1 REV-1 11/01/2019 SP20 - 016 2 REV-2 05/15/2020 PROPOSED 6-STORY TYPE IA&IIIA
119GUEST ROOMS HOTEL
OVER 1 LEVEL OF TYPE IA GARAGE
FIRST FLOOR FINISH=164' . 6' HIGH WOODEN FENCE TOP

OF CONCRETE CURB SIDE WALK FRONT SETBACK BACK YARD SETBACK

COMMERCIAL

RESIDENTIAL

RESIDENTIAL

PROPERTY LINE

SIDE SETBACK SIDE SETBACK
3 REV-3 02/01/2021
VICINITY MAP 1. CASTLEMONT ELEMENTARY SCHOOL • 3040 PAYNE AVE. 3. GROCERY OUTLET BARGAIN MARKET • 3140 WILLIAMS RD. 5. PACIFIC OAKS COLLEGE IN SAN JOSE • 1245 S WINCHESTER BLVD. 6. A GRACE SUBACUTE & SKILLED CARE • 1250 S WINCHESTER BLVD. 2. MARIJANE HAMANN PARK • 2747 WESTFIELD AVE. 4. BETHEL CHURCH OF SAN JOSE •1201 S WINCHESTER BLVD. 1 4 2 3 SITE 5 6 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 VICINITY MAP A.04 SP20-016
3 REV-3 02/01/2021
SITE PHOTOS A.05 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 SP20-016
3 REV-3 02/01/2021

MOTORCYCLE
AREA
P 4,5
EGRESS
STAIR
BOX

TO LOBBY

GUEST ELEVATOR
100"X44"
F
P 6,7
P 8,9
P 24,25
- 9'-0"
F.F.

P 59,58
P 2
P 3
P 1
P 12,13
P 10,11
P 14,15
P 16,17
P 18,19
P 20,21 P 22,23 P 26,27 P 28,29 P 30,31 P 32,33 P 34,35 P 37,36 P 39,38 P 43,42 P 47,46
P 41,40
P 49,48
P 51,50
P 63,62 P 61,60 P 57,56
-14'-6"
F.F.

P 65
P 45,44
P64

PROPOSED

BASEMENT

FLOOR PLAN
A.06
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected] FILE NAME: WINCH-EDIT PLOT DATE: 12-7-20

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
1 REV-1 11/01/2019 SP20 - 016
2 REV-2 05/15/2020

KING QUEEN

13.4% 10.9%
119
6th FLOOR
2nd FLOOR
TOTAL
5th FLOOR
4th FLOOR
3rd FLOOR

HOTE ROOM
_
TOTAL
BASEMENT FLOOR -1
1st FLOOR
_

HOTEL ROOMS
1 TYPE OF ROOMS

PARKING
_
_
27 FLOORS

HOTEL ROOMS

HOTEL ROOMS

ONE BEDROOM SUITE
2 3

PERCENT
_
1 6
100%
1 HOTEL ROOMS
_
1 18

75.6%

ACCESSIBLE KING ACCESSIBLE QUEEN

COMMON AREA
22 15
13 15
_
3 1
1 1
22 23
19 85 5 14 2 13
_
_ 10 6
_
HOTEL ROOMS 1
_
_ _ 2
_ 3
10 1 11
LOBBY
VAN PARKING 2
P 52
4 23 PERM BICYCLE
PARKING 1-TIER PARKING 1-TIER 4 PERM BICYCLE
100 SF WORK SPACE (5' X 20')

EV PARKING

EV PARKING

EV PARKING
3 UTILITY ROOM 1
5 EGRESS
STAIR
BOX
70"X90"
parking path of egress travel < 100'
parking path of egress travel < 100'
SLOPE10%
P 55 P 54 P 53
P 66

EV PARKING
-14'-6"
F.F.
-14'-6"
F.F.
10 7 6 3 1
D
B
A
4 C
5 2
E
12 11 9 8
UP
26R
UP
26R
6 8
7 VALET

STATION

VALET QUEUING

KEEP CLEAR VEHICLE TURN-AROUND

VALET RETRIEVAL
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020_RECOVER PLOT DATE: 11-2-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 SP20 - 016 2 REV-2 05/15/2020 PROPOSED PARKING RAMP PLAN A.07 26'-0" W DRIVING AISLE SLOPE 10% 26'-0" W DRIVING AISLE SLOPE 20% 26'-0" W DRIVING AISLE SLOPE 10% RAMP LENGTH = 8'- 0" F.F. - 9'-0" F.F. ± 0.00 RAMP LENGTH = 37'- 0" START RAMP END OF RAMP RAMP LENGTH = 8'- 0" D3 B3 BASEMENT -1 RAMP 3 REV-3 02/01/2021 JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected] FILE NAME: WINCH-EDIT PLOT DATE: 12-7-20

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
1 REV-1 11/01/2019 SP20 - 016
2 REV-2 05/15/2020

PROPOSED

FIRST FLOOR
PLAN
A.08
F
(CHECK-IN)

RECEPTION COFFEE SHOP & BAR
LOBBY

ENTRANCE
OFFICE
OFFICE

LUGGAGE

GUEST STORAGE

SECURITY
TRASH

LOCKER ROOM
MEN

LOCKER ROOM
WOMEN

GUEST ELEVATOR
GUEST ELEVATOR 26RUP
60"X54"
UP
26R

DELIVERYAND

LOADING ZONE

FIRE CONTROL ROOM

TO LOBBY
GUEST ELEVATOR SLOPE 10% SLOPE 20%
KING
ROOM#109
KING
ROOM#107 ROOM#108 ROOM#110

ACCESIBLE QUEEN KING KING
ROOM#106
KING
ROOM#111
KING
ROOM#103
KING
ROOM#101 ROOM#102 ROOM#104

KING KING KING
ROOM#105

FIRE POMP ROOM

ELECTRICAL ROOM

LAUNDRY

MANAGEMENT ACCOUNTING

EMPLOYEE

BREAK ROOM
215'-6"
61'11"< 75' COMMON PATH OF EGRESS TRAVEL
A-16
B-B
A-15
A-A
UP
26R EGRESS
STAIR
BOX
100"X44" UP
26R
10 7 6 3 1
D
B
A
4 C
5 2
E
12 11 9 8
F
10 7 6 3 1
D
B
A
4 C
5 2
E
12 11 9 8
3 REV-3 02/01/2021
KING ROOM#206 GYM STEAM ROOM KING ROOM#204 ROOM#205 ROOM#207 KING KING JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: FOR CIVIL PLOT DATE: 6-3-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 ROOM#202 ACCESIBLE QUEEN ACCESSIBLE KING KITCHEN KING PROPOSED SECOND FLOOR PLAN A.09 ROOM#203 KING ROOM#208 ROOM#209 LOCKER MICRO MICRO MICRO MICRO MICRO MICRO LOCKER MICRO UP A-16 B-B A-15 A-A EXIT EXIT
18R
26R
DN 18RUPDN 26R JACUZZI VOID RESTAURANT ROOM#210 ROOM#211 ROOM#212 QUEEN KINGKING ROOM#213 QUEEN MICRO MICRO MICRO MICRO HOUSE KEEPINGQUEEN ROOM#201 ROOM#217 ROOM#218 KING MICRO MICRO KING ROOM#214 QUEEN ROOM#215 QUEEN MICRO MICRO ROOM#216 QUEEN MICRO KING QUEEN 13.4% 10.9% 119 6th FLOOR 2nd FLOOR TOTAL 5th FLOOR 4th FLOOR 3rd FLOOR HOTE ROOM _ TOTAL BASEMENT FLOOR -1 1st FLOOR _ HOTEL ROOMS 1 TYPE OF ROOMS PARKING _ _ 27 FLOORS HOTEL ROOMS HOTEL ROOMS ONE BEDROOM SUITE 2 3 PERCENT _ 1 6 100% 1 HOTEL ROOMS _ 1 18 75.6% ACCESSIBLE KING ACCESSIBLE QUEEN COMMON AREA 22151315_ 311 1 222319 85 5 14 2 13 __ 10 6 _ HOTEL ROOMS 1 _ _ _ 2 _ 3 10 1 11 LOBBY 215'-6" 162'-11">215'-6"/3=71'-10" 60'7"< 75' COMMON PATH OF EGRESS TRAVEL 194'7"< 200' EXIT ACCESS TRAVEL DISTANCE SP20-016
3 REV-3 02/01/2021
JACUZZI ROOM#311 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: FOR CIVIL PLOT DATE: 6-3-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 KING ROOM#302 MICRO KING ROOM#304 MICRO KING ROOM#306 MICRO KING ROOM#303 MICRO KING ROOM#305 MICRO KING ROOM#307 MICRO KING ROOM#309 MICRO KING ROOM#308 MICRO KING ROOM#310 MICRO KING QUEEN ROOM#301 ROOM#313 ROOM#314 ROOM#318 ROOM#317 ROOM#316 ROOM#315 ROOM#319 ROOM#322 ROOM#323 KING MICRO MICRO MICRO MICRO MICRO MICRO KING ONE BEDROOM KING KING KING KING QUEEN PROPOSED THIRD FLOOR PLAN A.10 MICRO
MICRO MICRO A-16 B-B A-15 A-A EXIT EXIT 18RUPDN 26R ROOM#324 ROOM#325 ROOM#326 KING KING KING MICRO
MICRO
MICRO ROOM#327

MICRO KING
18R
UP
26R
DN HOUSE KEEPING ROOM#321 KINGQUEEN
MICRO ROOM#312 KING ROOM#320 MICRO ONE BEDROOM KING QUEEN 13.4% 10.9% 119 6th FLOOR 2nd FLOOR TOTAL 5th FLOOR 4th FLOOR 3rd FLOOR HOTE ROOM _ TOTAL BASEMENT FLOOR -1 1st FLOOR _ HOTEL ROOMS 1 TYPE OF ROOMS PARKING _ _ 27 FLOORS HOTEL ROOMS HOTEL ROOMS ONE BEDROOM SUITE 2 3 PERCENT _ 1 6 100% 1 HOTEL ROOMS _ 1 18 75.6% ACCESSIBLE KING ACCESSIBLE QUEEN COMMON AREA 22151315_ 311 1 222319 85 5 14 2 13 __ 10 6 _ HOTEL ROOMS 1 _ _ _ 2 _ 3 10 1 11 LOBBY 215'-6" 162'-11">215'-6"/3=71'-10" 194'7"< 200' EXIT ACCESS TRAVEL DISTANCE 60'7"< 75' COMMON PATH OF EGRESS TRAVEL SP20-016
3 REV-3 02/01/2021
PROPOSED 4TH FLOOR PLAN A.11
MICRO
MICRO
MICRO
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: FOR CIVIL PLOT DATE: 6-3-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 MICRO ONE BEDROOM MICRO ROOM#410 ROOM#417 ROOM#411 ROOM#415 ROOM#414 ROOM#413 ROOM#412 ROOM#416 MICRO

MICRO MICRO MICRO MICRO MICRO
MICRO KING KING QUEEN ONE BEDROOM KING KING KING KING ROOM#403 ROOM#404 ROOM#407 KING KING ROOM#405 ROOM#406 KING ROOM#408 KING ROOM#402 ROOM#419 MICRO QUEEN ROOM#401
MICRO
MICRO KING ONE BEDROOM MICRO EXIT 18RUPDN 26R
18R
UP
26R
DN HOUSE KEEPING ACCESSIBLE KING ROOM#409 ROOM#418 QUEEN MICRO ACCESSIBLE QUEEN JACUZZI KING QUEEN 13.4% 10.9% 119 6th FLOOR 2nd FLOOR TOTAL 5th FLOOR 4th FLOOR 3rd FLOOR HOTE ROOM _ TOTAL BASEMENT FLOOR -1 1st FLOOR _ HOTEL ROOMS 1 TYPE OF ROOMS PARKING _ _ 27 FLOORS HOTEL ROOMS HOTEL ROOMS ONE BEDROOM SUITE 2 3 PERCENT _ 1 6 100% 1 HOTEL ROOMS _ 1 18 75.6% ACCESSIBLE KING ACCESSIBLE QUEEN COMMON AREA 22151315_ 311 1 222319 85 5 14 2 13 __ 10 6 _ HOTEL ROOMS 1 _ _ _ 2 _ 3 10 1 11 LOBBY MICRO
215'-6" 194'7"< 200' EXIT ACCESS TRAVEL DISTANCE 162'-11">215'-6"/3=71'-10" 54'7"< 75' COMMON PATH OF EGRESS TRAVEL KING ROOM#516 ROOM#520 KING ROOM#518 KING KING KING MICRO
MICRO
MICRO
MICRO
MICRO ROOM#521
MICRO KING ROOM#517 ROOM#519 A-16 B-B A-15 A-A
SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: FOR CIVIL PLOT DATE: 6-3-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED 5TH FLOOR PLAN A.12 ROOM#512 ROOM#508 ROOM#506 MICRO ONE BEDROOM KING KING D.W ROOM#504 ONE BEDROOM#503 MICRO ROOM#510 KING MICRO ROOM#513 ROOM#507 MICRO MICRO QUEEN KING ROOM#502 ONE BEDROOM MICRO D.W ROOM#501 MICRO MICRO ROOM#509 KING MICRO ONE BEDROOM ROOM#511 KING MICRO MICRO MICRO ROOM#505 EXIT 18RUPDN 26R
18R
UP
26R
DN HOUSE KEEPING KING ROOM#516 ROOM#520 KING ROOM#518 KING KING KING MICRO
MICRO
MICRO
MICRO
MICRO ROOM#514
MICRO ONE BEDROOM ROOM#521

MICRO KING
MICRO KING ROOM#517 ROOM#519 ONE BEDROOM ACCESSIBLE KING ROOM#515 KING QUEEN 13.4% 10.9% 119 6th FLOOR 2nd FLOOR TOTAL 5th FLOOR 4th FLOOR 3rd FLOOR HOTE ROOM _ TOTAL BASEMENT FLOOR -1 1st FLOOR _ HOTEL ROOMS 1 TYPE OF ROOMS PARKING _ _ 27 FLOORS HOTEL ROOMS HOTEL ROOMS ONE BEDROOM SUITE 2 3 PERCENT _ 1 6 100% 1 HOTEL ROOMS _ 1 18 75.6% ACCESSIBLE KING ACCESSIBLE QUEEN COMMON AREA 22151315_ 311 1 222319 85 5 14 2 13 __ 10 6 _ HOTEL ROOMS 1 _ _ _ 2 _ 3 10 1 11 LOBBY A-16 B-B A-15 A-A MICRO JACUZZI 215'-6" 194'7"< 200' EXIT ACCESS TRAVEL DISTANCE 162'-11">215'-6"/3=71'-10" 65'< 75' COMMON PATH OF EGRESS TRAVEL SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: FOR CIVIL PLOT DATE: 6-3-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 ROOM#603 ROOM#604 ROOM#611 ROOM#605 ROOM#612 MICRO MICRO MICRO MICRO KING ONE BEDROOM ONE BEDROOM QUEEN KING PROPOSED 6TH FLOOR PLAN A.13 ROOM#608 KING MICRO ROOM#609 KING MICRO ROOM#610 KING MICRO A-16 B-B A-15 A-A EXIT 18RUPDN 26R 18R
UP
26R

DN HOUSE KEEPING
MICRO KING ROOM#614 ROOM#618 ROOM#615 KING ROOM#617 KING KING KING ROOM#616 MICRO
MICRO
MICRO
MICRO
MICRO ROOM#619
MICRO KING ROOM#602

MICRO KING
MICRO ROOM#601 KING ROOM#613 ACCESSIBLE KING KING QUEEN 13.4% 10.9% 119 6th FLOOR 2nd FLOOR TOTAL 5th FLOOR 4th FLOOR 3rd FLOOR HOTE ROOM _ TOTAL BASEMENT FLOOR -1 1st FLOOR _ HOTEL ROOMS 1 TYPE OF ROOMS PARKING _ _ 27 FLOORS HOTEL ROOMS HOTEL ROOMS ONE BEDROOM SUITE 2 3 PERCENT _ 1 6 100% 1 HOTEL ROOMS _ 1 18 75.6% ACCESSIBLE KING ACCESSIBLE QUEEN COMMON AREA 22151315_ 311 1 222319 85 5 14 2 13 __ 10 6 _ HOTEL ROOMS 1 _ _ _ 2 _ 3 10 1 11 LOBBY STORAGE MICRO JACUZZI 215'-6" 194'7"< 200' EXIT ACCESS TRAVEL DISTANCE 162'-11">215'-6"/3=71'-10" 65'< 75' COMMON PATH OF EGRESS TRAVEL TERRACE SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: FOR CIVIL PLOT DATE: 6-3-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/20192 REV-2 05/15/2020 PROPOSED ROOF PLAN A.14 A-16 B-B A-15 A-A JACUZZI SLOPE
1/2" PER 12" SLOPE 1/2" PER 12" SLOPE 1/2" PER 12"
SLOPE
1/2" PER 12"
SLOPE
1/2" PER 12" SLOPE 1/2" PER 12" SLOPE 1/2" PER 12"
SLOPE
1/2" PER 12"
SLOPE
1/2" PER 12" SLOPE 1/2" PER 12" SLOPE 1/2" PER 12"
SLOPE
1/2" PER 12"
SLOPE
1/2" PER 12" SLOPE 1/2" PER 12" SLOPE 1/2" PER 12"
SLOPE
1/2" PER 12"
SLOPE
1/2" PER 12" SLOPE 1/2" PER 12" SLOPE 1/2" PER 12"
SLOPE
1/2" PER 12"
215'-6"
SP20-016
3 REV-3 02/01/2021

SECTION A-A
PROPERTY LINE UTILITY ROOM PARKING KING ROOM MANAGEMENT RECEPTION GYM KING ROOM KING ROOM KING ROOM KING ROOM KING ROOM KING ROOM JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020_RECOVER PLOT DATE: 9-26-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 SP20 - 016 2 REV-2 05/15/2020 Section A-A A.15 +4+5-1+1+3+6+2 KING ROOM 3 REV-3 02/01/2021 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020_RECOVER PLOT DATE: 9-26-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019
SP20 - 016
2 REV-2 05/15/2020 RECEPTION QUEEN ROOM OFFICE WOMEN (CHECK-IN) COFFEE SHOP & BAR PARKING OFFICE LOCKER ROOM JACUZZI ACCESSIBLE KING SECTION B-B

PROPERTY LINE LUGGAGE GUEST STORAGESTEAM ROOM QUEEN ROOM ACCESSIBLE KING PROPERTY LINE Section B-B A.16 +4+5-1+1+3+6+2
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020_RECOVER PLOT DATE: 8-20-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING ELEVATION (FRONT) A.17 PROPERTY LINE +4+5+1+3+6+2 FRONT white plexi glass and light stand less wire hard cover electrical wire WINCHESTER HOTEL WINCHESTER HOTEL WOOD FACADE NATURAL WOOD STUCCO SAND ARCHITECTURAL GLAZING WHITE EXPOSED CONCRETE GRAY SP20-016
238
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING ELEVATION (LEFT SIDE) A.18

PROPERTY LINE
PROPERTY LINE +4+5+1+3+6+2 LEFT SIDE WOOD FACADE NATURAL WOOD STUCCO SAND ARCHITECTURAL GLAZING WHITE EXPOSED CONCRETE GRAY SP20-016
238
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING ELEVATION (REAR) A.19 +4+5+1+3+6+2 REAR WOOD FACADE NATURAL WOOD STUCCO SAND ARCHITECTURAL GLAZING WHITE EXPOSED CONCRETE GRAY SP20-016
238
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING ELEVATION (RIGHT SIDE) A.20

PROPERTY LINE
PROPERTY LINE +4+5+1+6+3+2 RIGHT SIDE WOOD FACADE NATURAL WOOD STUCCO SAND ARCHITECTURAL GLAZING WHITE EXPOSED CONCRETE GRAY SP20-016
238
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED MATERIAL BOARD A.21 ARCHITECTURAL GLAZING STUCCO SAND WHITE EXPOSED CONCRETE GRAY WOOD FACADE NATURAL WOOD JACUZZI WINCHESTER BLVD PROPOSED 6-STORY TYPE IA&IIIA 120GUEST ROOMS HOTEL OVER 1 LEVEL OF TYPE IA GARAGE FIRST FLOOR FINISH=164' SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING RENDERING A.22 JACUZZI WINCHESTER BLVD PROPOSED 6-STORY TYPE IA&IIIA 120GUEST ROOMS HOTEL OVER 1 LEVEL OF TYPE IA GARAGE FIRST FLOOR FINISH=164' SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING RENDERING A.23 JACUZZI WINCHESTER BLVD PROPOSED 6-STORY TYPE IA&IIIA 120GUEST ROOMS HOTEL OVER 1 LEVEL OF TYPE IA GARAGE FIRST FLOOR FINISH=164' SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING RENDERING A.24 JACUZZI WINCHESTER BLVD PROPOSED 6-STORY TYPE IA&IIIA 120GUEST ROOMS HOTEL OVER 1 LEVEL OF TYPE IA GARAGE FIRST FLOOR FINISH=164' SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BUILDING RENDERING A.25 JACUZZI WINCHESTER BLVD PROPOSED 6-STORY TYPE IA&IIIA 120GUEST ROOMS HOTEL OVER 1 LEVEL OF TYPE IA GARAGE FIRST FLOOR FINISH=164' SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BIRD VIEW RENDERING A.26 SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED BIRD VIEW RENDERING A.27 SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED SHADOW STUDY A.28 AUTUMN 9 AM AUTUMN 10 AM AUTUMN 12 AM AUTUMN 2PM AUTUMN 4PM WINTER 9AM WINTER 10AM WINTER 12AM WINTER 2PM WINTER 4PM AUTUMN WINTER SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-19-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED SHADOW STUDY A.29 SPRING 8AM SPRING 10AM SPRING 12AM SPRING 2PM SPRING 5PM SUMMER 8AM SUMMER 10AM SUMMER 12AM SUMMER 2PM SUMMER 5PM SPRING SUMMER SP20-016
3 REV-3 02/01/2021
JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: WINCHESTER HOTEL PD REZONING PERMIT SET-05 12 2020 PLOT DATE: 5-21-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 2 REV-2 05/15/2020 PROPOSED TRANSPARENCY STUDIO A.30 transparent area : 470.20sq ft transparent area : transparent area : transparent area : transparent area : transparent area : total transparent area : 1871.66 sq ft total surface area : 2925 sq ft total solid area : 1053.34 sq ft total transparency rate : 63 % Solid Area Transparent Area PROPERTY LINE +2
PROPERTY LINE west elavation 502.45sq ft 329.49sq ft 130.50sq ft 364.87sq ft 74.15sq ft SP20-016
3 REV-3 02/01/2021
PROPOSED SURVEY PLAN S.01 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: FOR CIVIL PLOT DATE: 6-6-20 REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/20192 REV-2 05/15/2020 SITE REVISIONS
SP20-016
3 REV-3 02/01/2021
3 REV-3 02/01/2021
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ROOM#208
KING
ROOM#210
KING
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CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]
OWNER
Adam Askari
2881 Hemlock Ave. San Jose
TEL: (408) 921-1882
[email protected]

CIVIL ENGINEER
JMH WEISS, INC.
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: ( 408) 790-4982
[email protected]

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
HILLS - CA 90210
TEL: (650) 492-3249
mailto:[email protected]

REVISIONS
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PROPOSED

LANDSCAPE PLAN
L.02
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3 REV-3 02/01/2021
PROPOSED FURNITURE IMAGERY L.03 JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: LANDSCAPE 12 05 2020 FINAL EDITION REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 H19 - 038 2 REV-2 05/15/2020 Bike Rack Slat Wood Decking on Podium Concrete Sidewalk Precast Concrete Pavers JACUZZI Natural Gray Color Wooden Bench Bollard Lights Bike Rack Wooden Bench Concrete Sidewalk Natural Gray Color Outdoor Statue Outdoor Statue Outdoor Tables & Chairs Chaise Lounges SP20-016
3 REV-3 02/01/2021
PROPOSED PLANTING IMAGERY L.04 NOTICE: THE ABOVE PLANTS HAVE BEEN SELECTED AS BEING REPRESENTATIVE OF THE OVERALL PLANTING DESIGN INTENT. THIS PLANT PALETTE IS BEING SUGGESTED FOR USE, BUT SHOULD NOT PRECLUDE USE OF OTHER APPROPRIATE PLANT MATERIAL. OTHER COMPATIBLE VARIETIES OF TREES, SHRUBS AND GROUND COVERS SHOULD BE SELECTED TO COMPLEMENT THE CHARACTER OF THE PROJECT. WE DO NOT HAVE ANY PLANTS ON STORMWATERS AREA. JMH WEISS, INC. LANDSCAPE DESIGNER SHILA YASMEH 628 N. MAPLE DR. BEVERLY mailto:[email protected] CIVIL ENGINEER 1731 Technology Drive, Suite 880 San Jose, CA 95110 TEL: (408) 790-4982 [email protected] TEL: (650) 492-3249 CARPIRA DESIGN GROUP Sam Monfared 30025 ALICIA PKWY LAGUNA NIGUEL - CA 92677 TEL: (310) 795-4009 [email protected] FILE NAME: LANDSCAPE 12 05 2020 FINAL EDITION REVISIONS OWNER Adam Askari TEL: (408) 921-1882 [email protected] 2881 Hemlock Ave. San Jose HILLS - CA 90210 1 REV-1 11/01/2019 H19 - 038 2 REV-2 05/15/2020 MAR ARB CER OCC LAG IND ACE PLA GIN BIL QUE FRA TREES KEY WAS FIL PRU CAR BAM TEX 123456789 24" BOX SIZE 24" BOX 24" BOX 36" BOX 24" BOX 24" BOX 24" BOX 18" BOX 15 GAL BOTANICAL NAME QUERCUS FRAINETTO CERCIS OCCIDENTALIS GINKGO BILOBA ACER PALMATUM LAGERSTROEMIA INDICA ARBUTUS U 'MARINA' PRUNUS CAROLINIANA WASHINGTONIA FILIFERA BAMBUSA TEXTILIS COMMON NAME ITALIAN OAK WESTERN REDBUD GINKGO JAPANESE MAPLE CREPE-MYRTLE STRAWBERRY TREE LAUREL CALIFORNIA FAN PALM TIMBER BAMBOO QUANTITY 3254258611 SPACING COMMENTS/ NATIVE CALIFORNIA RATING WUCOLS NATIVE NATIVE MEDIUM STD. MULTI MULTI NCRTCCCT SHURBS KEY 1234 1 GAL SIZE BOTANICAL NAME CEANOTHUS THYRSIFLORUS COMMON NAME BLUE BLOSSOM SWORD FERN BUSH ANEMONE TUSCAN BLUE ROSEMARY SPACING COMMENTS/ NATIVE CALIFORNIA RATING WUCOLS NATIVE NATIVE LOW 1 GAL 5 GAL 5 GAL GRASSES GROUND COVER VINES 5678910 JPLCSMSDCCBO 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL 1 GAL LOW NATIVE LOW 60" O.C 18" O.C 'REPENS VICTORIA' NEPHROLEPIS CORDIFOLIA CARPENTERIA CALIFORNICA ROSEMARINUS OFFICIANALIS 'TUSCAN BLUE' LEYMUS CONDENSATUS JUNCUS PATENS SATUREJA DOUGLASII SENECIO MANDRALISCAPE CLYTOSTOMA CALESTOIGES BOUGANVILLEA 'CALIFORNIA GOLD' CANYON PRINCE WILD RYE CALIFORNIA GRAY RUSH YERBA BUENA BLUE CHALK STICKS BOUGANVILLEA TRUMPET VINE *5 GALLON UNLESS NOTED OTHERWISE 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 SP20-016
3 REV-3 02/01/2021

PROPOSED

PLANTING

IMAGERY
L.05
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected] FILE NAME: WINCH-EDIT PLOT DATE: 12-6-20

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
1 REV-1 11/01/2019 SP20 - 016
2 REV-2 05/15/2020
1 2
3 4
5 6
7 8
9 BOTANICAL NAME

WASHINGTONIA ROBUSTA

QUERCUS AGRIFOLIA

FRAXINUS AMERICANA

CALLISTEMON VIMINALIS

LIGUSTRUM SP

COMMON NAME

MEXICAN FAN PALM

COAST LIVE OAK
ASH

WEEPING BOTTLE BRUSH
PRIVET
NATIVE

CALIFORNIA
TREE NO. (at 54" above grade)
DBH
(1 to 5)
Tree Health
10 11
12 13
14 15
16 17
18 BOTANICAL NAME

PERSEA AMERICANA

CINNAMOMUM CAMPHORA

CUPRESSUS MACROCARPA

COMMON NAME

AVOCADO

CAMPHOR

CYPRESS
TREE NO.
3 4
3 3
3 3
3 4
4 4
4 4
4 3
3 2
4 4

WASHINGTONIA ROBUSTA MEXICAN FAN PALM
14"
18"
8"

CALLISTEMON VIMINALIS WEEPING BOTTLE BRUSH
11"
12"
15"
CALLISTEMON VIMINALIS WEEPING BOTTLE BRUSH 10"
20"
8"

LIGUSTRUM SP PRIVET
LIGUSTRUM SP PRIVET 15"
LIGUSTRUM SP PRIVET 22"
9"
30"

PERSEA AMERICANA AVOCADO

LIGUSTRUM SP PRIVET

CUPRESSUS MACROCARPA CYPRESS
36"
10"
ROBINIA PSEUDOACACIAN LOCUST 25"
12"
34"
NATIVE
NATIVE
NATIVE Orchard
NATIVE
NATIVE
NATIVE
Orchard
TREE Replacement Ratios
Circumference of
Less than 19" inches
38 inches or more
19 to 38 inches
Tree to be Removed
Type of Tree to be Removed
NATIVE NATIVE Orchard
Non5:1 4:1 3:1
3:1
1:1
2:1
1:1
None
None
Minimum Size of Each
Replacement Tree
15-gallon
15-gallon
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 equal 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.

TREE MITIGATION ANALYSIS/PROGRAM
Using the chart below, there are a total of 32 mitigation trees required. 1-Non-Native 38" + tree
1-Native 19"-38" tree
1-Non-Native 19"-38" tree
Mitigation Requirement
4 3
2 0
32 The plan proposes 46 new trees total, meeting the mitigation requirement.

TREE DISPOSITION LEGEND

EXISTING TREE TO REMAIN

EXISTING TREE TO BE REMOVED

TREE NUMBER PER ARBORIST REPORT

PROPOSED TREE
TREE #N

EXISTING TREES EXISTING TREES
NOTE : SEE ARBORIST REPORT FOR TREE PROTECTION NOTES
4-Native 38" + trees 20
1-Orchard 38"+ tree
1-Orchard 19"-38" trees
3 NATIVE

CALIFORNIA
(at 54" above grade)
DBH
(1 to 5)
Tree Health

TO BE REMOVED

TO BE REMOVED

TO BE REMOVED

TO BE REMOVED

TO BE REMOVED

TO BE REMOVED

TO BE REMOVED

TO BE REMOVED

TO BE REMOVED

TO REMAIN

TO REMAIN

TO REMAIN

TO REMAIN

TO REMAIN

TO REMAIN

TO REMAIN

TO REMAIN

TO REMAIN
Tree Mitigation Tree Mitigation

NON NATIVE NON NATIVE

NON NATIVE

NON NATIVE

NON NATIVE

NON NATIVE

NON NATIVE

NON NATIVE

NON NATIVE

NON NATIVE
(CHECK-IN) RECEPTION COFFEE SHOP & BAR
LOBBY

ENTRANCE

OFFICE OFFICE

LUGGAGE GUEST STORAGE

SECURITY
TRASH

LOCKER ROOM
MEN

LOCKER ROOM WOMEN

GUEST ELEVATOR
GUEST ELEVATOR 26R UP
60"X54"
UP
26R

FIRE CONTROL ROOM
TO LOBBY GUEST ELEVATOR SLOPE 10% SLOPE 20%
KING
ROOM#109 KING ROOM#107 ROOM#108 ROOM#110 ACCESIBLE QUEEN KING KING ROOM#106 KING
ROOM#111 KING
ROOM#103 KING ROOM#101 ROOM#102 ROOM#104 KING KING KING ROOM#105

FIRE POMP ROOM

ELECTRICAL ROOM

LAUNDRY

MANAGEMENT ACCOUNTING

EMPLOYEE

BREAK ROOM
215'-6"
61'11"< 75' COMMON PATH OF EGRESS TRAVEL
UP
26R EGRESS
STAIR
BOX
100"X44" UP
26R
Tree #8
DBH 8" Tree #4
DBH 11"
Tree #7
DBH 10"
Tree #6
DBH 15"
Tree #5
DBH 12"
Tree #9
DBH 20"
Tree #10
DBH 15"
Tree #16
DBH 25"
Tree #17
DBH 12"
Tree #18
DBH 34"
Tree #12
DBH 9"
Tree #13
DBH 30"
Tree #15
DBH 10"
Tree #14
DBH 36"
Tree #2
DBH 18"
Tree #1
DBH 14"

ROOF OUTLINE

DELIVERYAND

LOADING ZONE
3 REV-3 02/01/2021
SLOPE 10% SLOPE 20%
1212 & 1224 S. WINCHESTER BOULEVARD

SAN JOSE, CALIFORNIA

SHEET INDEX

SITE ADDRESS
BASIS OF BEARINGS:

DATUM NOTES:

SOUTH WINCHESTER BOULEVARD
ABBREVIATION:

LEGEND: JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016
SITE
1224 S WINCHESTER BLVD
APN 27917020

TITLE SHEET
C1.0
1212 S WINCHESTER BLVD
APN 27917021

SURVEY NOTES

SOUTH WINCHESTER BOULEVARD
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016

DEMOLITION
PLAN
C2.0
GENERAL DEMOLITION NOTES: LEGEND
NOTES:

SLOPE 10% SLOPE 20%
FF 164.52
GARAGE FF 151.52
GARAGE PAD 150.60
C
C
A
A

B B D D EXISTING STRUCTURE EXISTING STRUCTURE
FF
164.52
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016

GRADING,

DRAINAGE,

AND UTILITY
PLAN
C3.0

SOUTH WINCHESTER BOULEVARD

GRADING, DRAINAGE, AND UTILITY NOTES

RESPONSIBILITY TO INDEPENDENTLY ESTIMATE
APPROXIMATE. IT SHALL BE THE CONTRACTOR'S
NOTE: EARTHWORK QUANTITIES SHOWN ARE

EARTH WORK QUANTITIES
FILL:

CUT:

EXPORT:

IMPORT:

QUANTITIES FOR HIS/HER OWN USE.
11,000 CY**
0 CY**
11,000 CY**
0 CY**
**NUMBERS ASSUME 11" PAD FOR GARAGE SLAB
C
HOTEL
1ST FLOOR
FF 164.52

NEW RIGHT
OF WAY
GARAGE
BELOW
D
HOTEL
1ST FLOOR
GARAGE
BELOW

PROPERTY
LINE
A
HOTEL
1ST FLOOR

EXISTING ROW
GARAGE
BELOW

BUILDING EDGE
FLOORS 2-6

NEW RIGHT
OF WAY

CENTERLINE

SOUTH WINCHESTER BOULEVARD
B
HOTEL
1ST FLOOR
GARAGE
BELOW

PROPERTY
LINE
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016

SECTIONS &

DETAILS
C3.1
26RUP
60"X54"
UP
26R SLOPE 10% SLOPE 20%
61'11"< 75' COMMON PATH OF EGRESS TRAVEL
UP
26R
100"X44" UP
26R

AREA DRAINS TO

MEDIA FILTER
4462 SQFT

AREA DRAINS TO

MEDIA FILTER
4462 SQFT

SOUTH WINCHESTER BOULEVARD
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016

STORMWATER

CONTROL
PLAN
C4.0
LEGEND
X.X AC
X
NOTES
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016

STORMWATER

CONTROL

NOTES &

DETAILS
C4.1

OPERATION AND MAINTENANCE
INFORMATION:

I. PROPERTY INFORMATION:

II. RESPONSIBLE PARTY FOR MAINTENANCE:

TABLE 1

ROUTINE MAINTENANCE ACTIVITIES FOR MEDIA FILTERS
NO. MAINTENANCE TASK FREQUENCY OF TASK
1 INSPECT FOR STANDING WATER, SEDIMENT, TRASH AND DEBRIS. MONTHLY DURING RAINY SEASON
2 REMOVE ACCUMULATED TRASH AND DEBRIS IN THE UNIT DURING ROUTINE INSPECTIONS.

MONTHLY DURING RAINY

SEASON, OR AS NEEDED AFTER

STORM EVENTS
3 INSPECT TO ENSURE THAT THE FACILITY IS DRAINING COMPLETELY WITHIN FIVE DAYS AND PER MANUFACTURER’S SPECIFICATIONS.

ONCE DURING THE WET SEASON
AFTER MAJOR STORM EVENT.
4 REPLACE THE MEDIA PER MANUFACTURER’S INSTRUCTIONS OR AS INDICATED BY THE CONDITION OF THE UNIT.

PER MANUFACTURER’S
SPECIFICATIONS.
5 INSPECT MEDIA FILTERS USING THE ATTACHED INSPECTION CHECKLIST. QUARTERLY OR AS NEEDED STANDARD STORMWATER CONTROL NOTES:

TABLE 1

ROUTINE MAINTENANCE ACTIVITIES FOR BIORETENTION AREAS
NO. MAINTENANCE TASK FREQUENCY OF TASK
1 REMOVE OBSTRUCTIONS, WEEDS, DEBRIS AND TRASH FROM BIORETENTION AREA AND ITS INLETS AND OUTLETS; AND DISPOSE OF PROPERLY.

QUARTERLY, OR AS NEEDED

AFTER STORM EVENTS
2 INSPECT BIORETENTION AREA FOR STANDING WATER. IF STANDING WATER DOES NOT DRAIN WITHIN 2-3 DAYS, TILL AND REPLACE THE SURFACE BIOTREATMENT SOIL WITH THE APPROVED SOIL MIX AND REPLANT.

QUARTERLY, OR AS NEEDED

AFTER STORM EVENTS
3 CHECK UNDERDRAINS FOR CLOGGING. USE THE CLEANOUT RISER TO CLEAN ANY CLOGGED UNDERDRAINS.

QUARTERLY, OR AS NEEDED

AFTER STORM EVENTS
4 MAINTAIN THE IRRIGATION SYSTEM AND ENSURE THAT PLANTS ARE RECEIVING THE CORRECT AMOUNT OF WATER (IF APPLICABLE). QUARTERLY
5 ENSURE THAT THE VEGETATION IS HEALTHY AND DENSE ENOUGH TO PROVIDE FILTERING AND PROTECT SOILS FROM EROSION. PRUNE AND WEED THE BIORETENTION AREA. REMOVE AND/OR REPLACE ANY DEAD PLANTS.

ANNUALLY, BEFORE THE WET

SEASON BEGINS
6 USE COMPOST AND OTHER NATURAL SOIL AMENDMENTS AND FERTILIZERS

INSTEAD OF SYNTHETIC FERTILIZERS, ESPECIALLY IF THE SYSTEM USES AN UNDERDRAIN.

ANNUALLY, BEFORE THE WET

SEASON BEGINS
7 CHECK THAT MULCH IS AT APPROPRIATE DEPTH (2 - 3 INCHES PER SOIL SPECIFICATIONS) AND REPLENISH AS NECESSARY BEFORE WET SEASON BEGINS.

IT IS RECOMMENDED THAT 2” – 3” OF ARBOR MULCH BE REAPPLIED EVERY YEAR.

ANNUALLY, BEFORE THE WET

SEASON BEGINS
8 INSPECT THE ENERGY DISSIPATION AT THE INLET TO ENSURE IT IS FUNCTIONING ADEQUATELY, AND THAT THERE IS NO SCOUR OF THE SURFACE MULCH. REMOVE ACCUMULATED SEDIMENT.

ANNUALLY, BEFORE THE WET

SEASON BEGINS
9 INSPECT OVERFLOW PIPE TO ENSURE THAT IT CAN SAFELY CONVEY EXCESS FLOWS TO A STORM DRAIN. REPAIR OR REPLACE DAMAGED PIPING.

ANNUALLY, BEFORE THE WET

SEASON BEGINS
10 REPLACE BIOTREATMENT SOIL AND MULCH, IF NEEDED. CHECK FOR STANDING WATER, STRUCTURAL FAILURE AND CLOGGED OVERFLOWS. REMOVE TRASH AND DEBRIS. REPLACE DEAD PLANTS.
11 INSPECT BIORETENTION AREA USING THE ATTACHED INSPECTION CHECKLIST. ANNUALLY, BEFORE THE WET SEASON

BIOTREATMENT SOIL REQUIREMENTS
·
·
PROJECT SITE INFORMATION:

1. SOILS TYPE: B

2. GROUND WATER DEPTH: 55-60' BELOW GROUND SURFACE

3. NAME OF RECEIVING BODY: GUADALUPE

4. FLOOD ZONE: ZONE D

5. FLOOD ELEVATION (IF APPLICABLE): N/A

SITE DESIGN MEASURES

SOURCE CONTROL MEASURES

TYPICAL LINED BIO-RETENTION DETAIL
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016
MEDIA

FILTRATION

DETAILS
C4.2
26R UP
60"X54"
UP
26R SLOPE 10% SLOPE 20%
61'11"< 75' COMMON PATH OF EGRESS TRAVEL
UP
26R
100"X44" UP
26R
FF 164.52 EXISTING STRUCTURE EXISTING STRUCTURE
JMH WEISS, INC.

LANDSCAPE DESIGNER

SHILA YASMEH
628 N. MAPLE DR. BEVERLY
mailto:[email protected]

CIVIL ENGINEER
1731 Technology Drive, Suite 880
San Jose, CA 95110
TEL: (408) 790-4982
[email protected]
TEL: (650) 492-3249

CARPIRA DESIGN GROUP
Sam Monfared
30025 ALICIA PKWY
LAGUNA NIGUEL - CA 92677
TEL: (310) 795-4009
[email protected]

REVISIONS
OWNER
Adam Askari
TEL: (408) 921-1882
[email protected]
2881 Hemlock Ave. San Jose
HILLS - CA 90210
DATE: 02/05/2021
PROJECT FILE NUMBER: SP20-016

FIRE LAYOUT
C5.0

SOUTH WINCHESTER BOULEVARD

FIRE GENERAL NOTES
FIRE PROTECTION NOTES:

APPENDIX B

CALEEMOD ASSESSMENT AND RESULTS

MEMORANDUM
To: Polaris Kinison Brown, Principal Planner
From: Tanya Kalaskar, Associate Planner
Cc: File
Date: August 14, 2020
Re: 1212-1224 South Winchester Boulevard Hotel – Criteria Air Pollutant and GHG Emissions Modeling Assessment

PROJECT DESCRIPTION
The proposed project is the construction and operations of a hotel on a 0.69-acre site located at 1212-1224 South Winchester Boulevard in the City of San José. Existing development on the project site consists of a single-family residence with an event decorator office at 1212 South Winchester Boulevard and a commercial office building located at 1224 South Winchester Boulevard.

The proposed project includes demolition of the existing structures to accommodate a six-story hotel with up to 119 guestrooms. Grading for the proposed project includes excavation of 11,000 cubic yards of soil to accommodate an underground parking garage. The excavated soils would be disposed of off-site. The first floor of the hotel building would contain the main lobby reception area, guest luggage storage, coffee station and bar area, two office rooms, accounting, management, employees break room, men’s and women’s locker rooms, fire control room, laundry, security, fire pump room, electrical room, and 11 guest rooms. The second floor of the hotel would include 18 guest rooms, a gym and lockers, jacuzzi, steam room, restaurant area and kitchen. Floors three through six would include the remaining guest rooms. A total of 69 parking spaces would be provided by one underground parking level covering an area of 20,531.4 square feet. The proposed project includes the removal of 16 trees. The landscape plan Polaris Kinison Brown
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MEMORANDUM
indicates planting of 46 new trees. The project site is located within the San Francisco Bay Area Air Basin, which is within the jurisdiction of the Bay Area Air Quality Management District (air district). An initial study is being prepared to evaluate the environmental impacts of the proposed project.

SCOPE OF ASSESSMENT
This assessment provides an estimate of the proposed project’s construction and operational criteria air pollutants and greenhouse gas (GHG) emissions using the California Emissions Estimator Model (CalEEMod) version 2016.3.2 software, a modeling platform recommended by the California Air Resources Board (CARB) and accepted by the air district. Model results are attached to this assessment. Unless otherwise noted, data inputs to the model take into account the type and size of existing and proposed uses utilizing CalEEMod default land uses based on the size metrics provided in the project plans (Carpira Design Group 2020) and trip generation information provided in the transportation analysis prepared for the proposed project (Hexagon Transportation Consultants 2020).

Emissions Model
The CalEEMod software utilizes emissions models USEPA AP-42 emission factors, CARB vehicle emission models studies and studies commissioned by other California agencies such as the California Energy Commission and CalRecycle. The CalEEMod platform allows calculations of both construction and operational criteria pollutant and GHG emissions from land use projects. The model also calculates indirect emissions from processes “downstream” of the proposed project such as GHG emissions from energy use, solid waste disposal, vegetation planting and/or removal, and water use.

CalEEMod is capable of estimating changes in the carbon sequestration potential of a site based on changes in natural vegetation communities and the net number of new trees that would be planted as part of the project. The model calculates a one-time only loss in the carbon sequestration potential of the site that would result from changes in land use such as converting vegetation to built or paved surfaces, and can provide an estimate of the change in the carbon sequestration potential that would result from planting new trees greater than the number of trees to be removed (net number of new trees).

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August 14, 2020, Page 3

MEMORANDUM
The project site is already developed and there are no natural vegetation communities on the site. However, the project plans include proposed tree plantings for the project site (Carpira Design Group 2020). Therefore, this assessment includes quantification of the change in carbon sequestration potential from removing existing trees and planting new trees on the site.

Existing and Proposed Emissions Sources
The size and type of the existing and proposed sources of criteria air pollutants and GHG emissions on the project site and their respective CalEEMod land use default categories are presented in Table 1, Project Characteristics.

Table 1 Project Characteristics
Project Components CalEEMod Land Use1 Existing2 Proposed2 Single-family Home Single Family Housing 1 unit3-
Commercial Office Building General Office Building 8,4834- Hotel Hotel - 119 rooms5
Underground Parking Garage Enclosed Parking with Elevator - 69 spaces6 Impervious Surfaces (on- and off-site) Other Asphalt Surfaces - 11,880.10 Pervious Surfaces (landscaping)7 Other Non-Asphalt Surfaces - 2,681 SOURCE: Trinity Consultants 2017, Carpira Design Group 2020, Cord Associates 2020, Google Earth 2020.

NOTES:

1. CalEEMod default land use subtype. Descriptions of the model default land use categories and subtypes are found in the User’s Guide for CalEEMod Version 2016.3.2 available online at: http://www.aqmd.gov/caleemod/user's-guide

2. Expressed in units of square feet unless otherwise noted.

3. The area of the single-family home and event decorator office is estimated at approximately 3,000 square feet using Google Earth.

4. According to the project-specific construction spreadsheet, existing structures on the project site cover an area of 11,483 square feet. Area of the commercial office building equals total area of existing structure minus area of single-family home and event decorator office, or 8,483 square feet.

5. The hotel covers an area of 86,548.50 square feet, excluding parking.

6. The underground parking garage covers an area of 20,531.40 square feet.

7. Pervious surfaces are not substantial sources of operational emissions and are included in the model only to capture GHG emissions from construction activities.

METHODOLOGY
Unless otherwise noted, the calculated emissions estimates are based primarily on model default emissions factors for construction and operations of the project. Construction and Polaris Kinison Brown
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August 14, 2020, Page 4

MEMORANDUM
operational criteria air pollutant and GHG emissions estimates are derived for existing conditions and proposed project conditions based on the size metrics presented in Table 1.

Modeling Scenarios
Two modeling scenarios were conducted for the proposed project: Baseline (Existing) Emissions and Proposed Project Emissions.

Baseline (Existing) Emissions
Baseline GHG emissions are those generated under existing conditions. This scenario consists of unmitigated GHG emissions volumes that are generated by the existing single-family home and commercial office on the project site (refer to Table 1). Adjustments are made to the model to account for low carbon intensity efficiencies that are explained in greater detail under the Operational Data Inputs discussion.

Proposed Project Emissions
This scenario estimates unmitigated emissions anticipated through compliance with state regulations. This scenario includes model adjustments to account for mandatory compliance with State requirements for Model Water Efficient Landscape Ordinance (MWELO) and the current Title 24 Building Energy Efficiency Standards (BEES). These model adjustments are explained in greater detail under the Operational Data Inputs discussion.

Assumptions
Unless otherwise noted, data inputs for the model scenarios are based on the following primary assumptions:

1. Operational GHG emissions generated by the existing single-family home and event decorator office at 1212 South Winchester Boulevard are estimated using the CalEEMod default land use subtype “Single Family Housing”, which is defined as a detached home on an individual lot. The event decorator office appears to be home office and is included as part of the single-family home.

2. The area of the existing single-family home and event decorator office at 1212 South Winchester Boulevard is estimated at 3,000 square feet using Google Earth.

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August 14, 2020, Page 5

MEMORANDUM

3. Operational GHG emissions generated by the existing commercial office building at 1224 South Winchester Boulevard is estimated using the CalEEMod default land use subtype “General Office Building”, which is defined as a building that houses multiple tenants where affairs of businesses commercial or industrial organizations or professional persons or firms are conducted.

4. Construction of the proposed project is anticipated to begin in January 2021.

5. The anticipated operational year of the proposed project is 2023.

6. Construction and operational emissions for proposed conditions were estimated as follows:
a. Emissions generated by the proposed hotel are assumed to be similar to emissions that would be generated by the CalEEMod default land use subtype “Hotel”, which is defined as a place of lodging that provides sleeping accommodations and supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, limited recreational facilities and other retail and service shops. The model default trip generation rate for “Hotel” has been modified based on information provided in the transportation analysis prepared for the proposed project (Hexagon Transportation Consultants 2020);
b. Emissions generated by the proposed underground parking garage are assumed to be similar to emissions that would be generated by the CalEEMod default land subtype “Enclosed Parking with Elevator”, which is defined as an enclosed parking structure that may be above or below ground, is not covered in asphalt, includes an elevator, and will require lighting and ventilation; c. Emissions generated by the proposed on-site and off-site paving are assumed to be similar to emissions that would be generated by the CalEEMod default land use subtype “Other Asphalt Surfaces”, which is defined as an asphalt surface not used as a parking lot; and
d. Emissions generated by construction and curing of the proposed landscaping are assumed to be similar to emissions that would be generated by the CalEEMod default land use subtype “Other Non-Asphalt Surfaces”.

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MEMORANDUM

7. The proposed project includes the use of an emergency generator and a fire pump.

Model inputs for the emergency generator and fire pump are based on the size and horsepower provided by the applicant (Henry Cord, email message, July 6, 2020), and are assumed to be diesel-fueled. The model data input assumes that each equipment would be run for an average of 24 hours per year for maintenance.

Operational Emissions Data Input
The following adjustments were made to the model inputs:
▪ Each air district (or county) assigns trip lengths for urban and rural settings, which are incorporated into the CalEEMod defaults. Based on the site’s location, the model defaults were set to “urban.”
▪ The model’s default CO2 intensity factor of 641 pounds/megawatt hour is adjusted to 290 pounds/megawatt hour to reflect Pacific Gas & Electric (PG&E) energy intensity projections for 2020, which is the horizon year for the provider’s energy intensity factor projections. The intensity factor has been falling, in significant part due to the increasing percentage of Pacific Gas & Electric’s energy portfolio obtained from renewable energy.

Emissions intensity data is from PG&E’s Greenhouse Gas Factors: Guidance for PG&E Customers, dated November 2015.
▪ As noted previously, the model default trip generation rates for the proposed hotel are adjusted based on information provided in the transportation analysis prepared for the proposed project (Hexagon Transportation Consultants 2020). ▪ The Title 24 BEES defaults in CalEEMod Version 2016.3.2 are the 2016 BEES. Title 24 BEES are updated every three years. The 2019 BEES became effective on January 1, 2020.

Projects are constructed after January 1, 2020 will be required to comply with the 2019 BEES. Adjustments were made to the energy mitigation screen under the proposed project scenario to account for Title 24 increases in energy efficiencies that have occurred since CalEEMod Version 2016.3.2 was released. Compliance with the 2019 BEES increases building energy efficiencies by 30 percent over the 2016 BEES for nonresidential buildings (California Energy Commission 2018).

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MEMORANDUM
▪ The water mitigation screen for the proposed project includes an adjustment to reflect required compliance with the State requirements for MWELO.

Construction Emissions Data Inputs
CalEEMod estimates construction emissions associated with land use development projects and allows for the input of project-specific construction information including phasing and equipment information. Modeling of construction emissions is based on the available projectspecific construction information (Henry Cord, email message, July 6, 2020). The spreadsheet containing project-specific construction schedule, construction phases, type of construction equipment, hours of operation of each equipment, and area to be demolished is attached to this assessment. The modeled volume of dust from material movement during construction is based on information provided in the project plans: 11,000 cubic yards of excavated soils to be exported from the site. The model’s default construction hauling trip length of 20 miles was used to calculate emissions for hauling equipment.

The modeling results for construction emissions are attached to this assessment. The air district recommends amortizing the short-term construction GHG emissions over a 30-year time period to yield an annual emissions volume.

Carbon Sequestration Potential Data Inputs
CalEEMod calculates the change in carbon sequestration potential based upon the net number of trees (the difference between trees removed and new tree plantings) on a site, averaged over a 20-year growth cycle. The proposed project includes removal of 16 existing trees and planting of 46 new trees, for a net total of 30 trees (Carpira Design Group 2020). Changes in sequestration potential are reported in metric tons of carbon dioxide equivalent (MT CO2e).

RESULTS
Detailed model results for criteria air pollutants and GHG emissions are included as attachments to this assessment.

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August 14, 2020, Page 8

MEMORANDUM
Criteria Air Pollutant Emissions
Construction Emissions
The unmitigated criteria air pollutant emissions resulting from project construction are summarized in Table 2, Construction Criteria Air Pollutant Emissions.

Table 2 Construction Criteria Air Pollutant Emissions
Emissions
Reactive
Organic
Gases (ROG)
Nitrogen
Oxides
(NOX)
Exhaust
Respirable
Particulate Matter
(PM10)
Exhaust Fine
Particulate
Matter (PM2.5)
Total Annual Emissions (tons/year)1 0.69 3.71 0.08 0.08 Average Daily Emissions (pounds/day)1,2 4.31 23.19 0.50 0.50 SOURCE: EMC Planning Group 2020
NOTES:

1. Results may vary due to rounding.

2. CalEEMod estimates construction criteria air pollutant emissions in tons per year. A U.S. ton is equal to 2,000 pounds. The emissions estimates in ton per year are multiped by 2,000 pounds to arrive at emissions volume in pounds per year. CalEEMod estimates a total of 320 construction days (see Section 3.0 of the attached CalEEMod results). Average daily emissions (in pounds per day) are computed by dividing the annual construction emissions (in pounds per year) by the number of construction days.

Operational Emissions
Unmitigated operational criteria air pollutant emissions generated by the proposed project are summarized in Table 3, Operational Criteria Air Pollutant Emissions.

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MEMORANDUM
Table 3 Operational Criteria Air Pollutant Emissions
Emissions
Reactive
Organic
Gases
(ROG)
Nitrogen
Oxides
(NOX)
Respirable
Particulate
Matter (PM10)
Fine
Particulate
Matter (PM2.5)
Total Annual Emissions (tons/year)1 0.71 1.48 1.05 0.30 Average Daily Emissions (pounds/day)1,2,3 3.89 8.11 5.75 1.64 SOURCE: EMC Planning Group 2020
NOTES:

1. Results may vary due to rounding.

2. CalEEMod estimates operational criteria air pollutant emissions in tons per year. A U.S. ton is equal to 2,000 pounds. The emissions estimates in ton per year are multiped by 2,000 pounds to arrive at emissions volume in pounds per year. Average daily emissions (in pounds per day) are computed by dividing the annual operational emissions (in pounds per year) by the number of operational days (conservatively assuming 365 days of operation).

3. Includes reductions from compliance with 2019 BEES. Compliance with MWELO does not result in reduction of criteria air pollutant emissions.

GHG Emissions
Baseline Emissions
Baseline (existing) uses generate approximately 118.57 MT CO2e of GHG emissions per year.

Construction Emissions
Construction activity would generate a total of 748.63 MT CO2e of unmitigated GHG emissions.

When averaged over a 30-year operational lifetime, the annual amortized emissions equal 24.95 MT CO2e per year.

Operational Emissions
The unmitigated operational GHG emissions estimates are summarized in Table 4, Unmitigated Operational GHG Emissions.

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Table 4 Annual Operational GHG Emissions
Emissions Sources GHG Emissions1,2
Area 0.00
Energy3 243.93
Mobile 1,075.11
Stationary 0.92
Waste 32.76
Water4 6.42
Total 1,359.14
SOURCE: EMC Planning Group 2020
NOTES:

1. Results may vary due to rounding.

2. Expressed in MT CO2e per year.

3. Results include emissions reductions from compliance with 2019 BEES.

4. Results include emissions reductions from compliance with MWELO.

Carbon Sequestration Potential
Model results indicating the change in carbon sequestration potential on the project site are shown in Section 2.3 of the model results for annual emissions. The model estimates a net gain in sequestration potential of 21.24 MT CO2e. Averaged over a 30-year lifetime, the annual gain in sequestration potential associated with the proposed project would be equivalent to 0.71 MT CO2e per year (21.24 MT CO2e / 30 years). This amount is deducted from the project’s annual operational GHG emissions.

GHG Emissions Attributable to the Proposed Project
The total GHG emissions that would be attributable to the proposed project consist of amortized construction emissions added to the unmitigated operational emissions, less the baseline emissions and amortized annual gain in carbon sequestration potential on the site. The net GHG emissions attributable to the proposed project annually are presented in Table 5, Summary of Annual GHG Emissions Attributable to the Project.

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MEMORANDUM
Table 5 Summary of Annual GHG Emissions Attributable to the Project1,2 Annual
Operations3
Amortized
Construction
Annual Project
Emissions4
Baseline
Emissions5
Sequestration
Potential5
Net Project
Emissions
1,359.14 24.95 1,384.09 <118.57> <0.71> 1,264.81
SOURCE: EMC Planning Group 2020
NOTES:

1. Results may vary due to rounding.

2. Expressed in MT CO2e per year.

3. Unmitigated Operational GHG emissions (See Table 4).

4. Sum of amortized construction and unmitigated operational emissions.

5. <Brackets> Indicate deductions.

SOURCES

1. Trinity Consultants. November 2017. California Emissions Estimator (CalEEMod) Version 2016.3.2. Available online at: http://www.aqmd.gov/caleemod/home

2. Trinity Consultants. November 2017. CalEEMod User’s Guide (Version 2016.3.2).

Available online at: http://www.aqmd.gov/caleemod/user's-guide

3. Bay Area Air Quality Management District. May 2017. California Environmental Quality Act Air Quality Guidelines. http://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en

4. Google, Inc. 2020. Google Earth.

5. Carpira Design Group. May 15, 2020. Project Plans. Concord, CA.

6. Hexagon Transportation Consultants. 1212 South Winchester Hotel Development Transportation Analysis. June 18, 2020. Gilroy, CA.

7. Pacific Gas & Electric. November 2015. Greenhouse Gas Factors: Guidance for PG&E Customers; Accessed December 13, 2019. https://www.ca-ilg.org/sites/main/files/fileattachments/ghg_emission_factor_guidance.pdf?1436996158

8. California Energy Commission. March 2018. 2019 Building Energy Efficiency Standards Frequently Asked Questions.
https://ww2.energy.ca.gov/title24/2019standards/documents/Title_24_2019_Building_S tandards_FAQ_ada.pdf
Polaris Kinison Brown
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9. Cord, Henry, Cord Associates. Email message to consultant, 6 July 2020.

Air Quality Construction Information Data Request
Project Name: Winchester Hotel
See Equipment Type TAB for type, horsepower and load factor Project Size 119 Dwelling Units .69 acres total project acres disturbed s.f. residential Pile Driving? Y/N? No
s.f. retail
78749 s.f. office/commercial 119 hotel rooms Project include OPERATIONAL GENERATOR OR FIRE PUMP on-site? Y/N? ___Y_ 7,700 s.f. other, specify: hotel lobby. Etc. IF YES (if BOTH separate values) --> Fire Pump / Generator 20,531 s.f. parking garage 67 spaces
Kilowatts/Horsepower: Pump 48/100 Generator 75/150
s.f. parking lot spaces
Fuel Type: Electric / Diesel
Construction Hours 7 am to 5 pm
Location in project (Plans Desired if Available): 1st Floor

DO NOT MULTIPLY EQUIPMENT HOURS/DAY BY THE QUANTITY OF EQUIPMENT Quantity Description HP Load Factor Hours/day
Total
Work
Days
Avg.

Hours per
day
Annual
Hours Comments
Demolition Start Date: 1/1/2021 Total phase: 20 Overall Import/Export Volumes End Date: 2/1/2021
2 Concrete/Industrial Saws 81 0.73 8 3 1.2 48 Demolition Volume 1 Excavators 158 0.38 8 10 4 80 Square footage of buildings to be demolished 1 Rubber-Tired Dozers 247 0.4 8 10 4 80 11483 square feet 3 Tractors/Loaders/Backhoes 97 0.37 8 7 2.8 168 Square footage of pavement to be demolished 12345 square feet
Any pavement demolished and hauled? 515 tons
Site Preparation Start Date: 2/1/2021 Total phase: 10
End Date: 2/15/2021
1 Graders 187 0.41 8 5 4 40
1 Rubber Tired Dozers 247 0.4 8 5 4 40
3 Tractors/Loaders/Backhoes 97 0.37 8 10 8 240
Grading / Excavation Start Date: 2/15/2021 Total phase: 40 End Date: 4/15/2021 Soil Hauling Volume
2 Excavators 158 0.38 8 40 8 640 Export volume = 11,000 cubic yards 1 Graders 187 0.41 8 10 2 80 Import volume = 0 cubic yards 1 Rubber Tired Dozers 247 0.4 8 20 4 160
Concrete/Industrial Saws 81 0.73 0 0 0
2 Tractors/Loaders/Backhoes 97 0.37 8 30 6 480
Other Equipment?
Trenching/Foundation Start Date: 4/15/2021 Total phase: 10 End Date: 4/31/2021
1 Tractor/Loader/Backhoe 97 0.37 8 10 8 80
1 Excavators 158 0.38 8 10 8 80
Other Equipment?
Building - Exterior Start Date: 5/1/2021 Total phase: 160 Cement Trucks? 409 Total Round-Trips End Date: 2/1/2022
1 Cranes 231 0.29 8 80 4 640 Electric? (Y/N) __N_ Otherwise assumed diesel 2 Forklifts 89 0.2 8 160 8 2560 Liquid Propane (LPG)? (Y/N) __N_ Otherwise Assumed diesel 0 Generator Sets 84 0.74 0 0 Or temporary line power? (Y/N) __Y 1 Tractors/Loaders/Backhoes 97 0.37 4 80 2 320
0 Welders 46 0.45 0 0
Other Equipment?
Building - Interior/Architectural Coating Start Date: 2/1/2022 Total phase: 60 End Date: 5/1/2022
1 Air Compressors 78 0.48 4 60 4 240
1 Aerial Lift 62 0.31 8 60 8 480 Electric
Other Equipment?
Paving Start Date: 5/1/2022 Total phase: 20
Start Date: 6/1/2022
2 Cement and Mortar Mixers 9 0.56 8 10 4 160
Pavers 130 0.42 0 0
Paving Equipment 132 0.36 0 0
Rollers 80 0.38 0 0
2 Tractors/Loaders/Backhoes 97 0.37 8 10 4 160
Other Equipment?
Additional Phases Start Date: Total phase:

Start Date:
#DIV/0! 0
#DIV/0! 0
#DIV/0! 0
#DIV/0! 0
#DIV/0! 0
Equipment types listed in "Equipment Types" worksheet tab.

Equipment listed in this sheet is to provide an example of inputs Complete one sheet for each project component It is assumed that water trucks would be used during grading Add or subtract phases and equipment, as appropriate
Modify horsepower or load factor, as appropriate
Complete ALL Portions in Yellow
Asphalt? ___ cubic yards or ____ round trips?
Fugitive CH4 N2O CO2e
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2
Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total

2.2 Overall Operational

2.0 Emissions Summary

1.3 User Entered Comments & Non-Default Data
Project Characteristics - Adjusted PG&E CO2 Intensity Factor for 2020 Land Use - total size of ext structures = 11,483 sf from construction data sheet Construction Phase - no construction. Existing Conditions CO2 Intensity
(lb/MWhr)
290 CH4 Intensity
(lb/MWhr)

0.029 N2O Intensity
(lb/MWhr)

0.006
64 Climate Zone 4 Operational Year 2020
Utility Company Pacific Gas & Electric Company

1.2 Other Project Characteristics
Urbanization Urban Wind Speed (m/s) 2.2 Precipitation Freq (Days) Single Family Housing 1.00 Dwelling Unit 0.32 3,000.00 3 Floor Surface Area Population
General Office Building 8.48 1000sqft 0.19 8,483.00 0

1.0 Project Characteristics

1.1 Land Usage
Land Uses Size Metric Lot Acreage
CalEEMod Version: CalEEMod.2016.3.2

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