EXHIBIT H – MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION
MONITORING AND REPORTING PROGRAM (MMRP)
200 E. Santa Clara Street, 3rd 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
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
required. If active nests are discovere d, 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
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
• 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 co mments, and revise the
Mitigated Negative Declaration for C19-031 and SP20-016 1212-1224 South Winchester Boulevard Hotel Project
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