NVF:JVP:JMD
8/16/2022
1 T-51008.003/1944771_2
Council Agenda: 08-30-2022
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO._______
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE ADOPTING AN ADDENDUM TO THE 4300
STEVENS CREEK BOULEVARD MIXED-USE PROJECT
FINAL ENVIRONMENTAL IMPACT REPORT AND A
RELATED MITIGATION MONITORING AND REPORTING
PROGRAM, ALL IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS
AMENDED
WHEREAS, the City of San José (“City”) acting as lead agency under the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”), prepared, completed and adopted the 4300 Stevens Creek Boulevard Mixed-Use Project Final Environmental Impact Report (FEIR), which analyzed the environmental impacts of a Planned Development Rezoning, a Vesting Tentative Map to subdivide three parcels into four buildable parcels and ten common parcels, and a Planned Development Permit to allow demolition of five existing buildings, removal of 68 ordinance-size trees, and development of four buildings including an office building, a parking structure, a mixed-use building and a residential building for a total of up to 582 residential units, and the relocation of Lopina Way to the east side of the project site; and
WHEREAS, a public hearing was held by the Planning Commission on January 16, 2019, and the Planning Commission of the City of San José recommended the Council of the City of San José (“City Council”) certified said 4300 Stevens Creek Boulevard Mixed-Use Project FEIR; and
WHEREAS, a public hearing was held on February 26, 2019, by the Council of the City of San José (“City Council”) and the City Council certified the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR (Planning File Nos. PDC16-036, PD17-014, PT17- 23) by Resolution No. 78994, setting forth certain findings concerning significant impacts, NVF:JVP:JMD
8/16/2022
2 T-51008.003/1944771_2
Council Agenda: 08-30-2022
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
mitigation measures, alternatives, and adopting a Statement of Overriding Considerations pertaining to the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR, and adopting a mitigation monitoring and reporting program, all pursuant to the provisions of CEQA; and
WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Addendum to the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR under Planning File Nos. PDC16-036, PD17- 014 and PT17-23, all in accordance with CEQA; and
WHEREAS, CEQA recognizes that between the date an environmental document is certified and the date the project is fully implemented, that the project may change; the environmental setting of the project may change; laws, regulations, or policies may change; and/or previously unknown information can arise. CEQA Guidelines Section 15162 provides that when an Environmental Impact Report has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the Lead Agency determines that substantial changes to the project occur that will require major revisions to the EIR, or that new information which was no previously known or studied indicates that significant impacts on the environment may arise from the development of the revised project; and
WHEREAS, the lead agency shall prepare an initial study tiering from a previously certified FEIR if some changes or additions are necessary, but none of the conditions described in CEQA Section 15162 calling for preparation of a subsequent EIR have occurred; and
WHEREAS, the Stevens Creek Promenade Project (the “Project”) analyzed under the Addendum consists of a rezoning to CP(PD) Planned Development Zoning District, a Vesting Tentative Map to subdivide three parcels into seven parcels with up to 580 NVF:JVP:JMD
8/16/2022
3 T-51008.003/1944771_2
Council Agenda: 08-30-2022
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
condominium units on the Project Site, and a Planned Development Permit to facilitate the demolition of three existing commercial buildings, the removal of 104 ordinance-size trees, and the construction of three multi-family residential buildings with approximately 580 units, including 173 units of affordable housing, and a 250-room hotel with ground floor retail, and associated parking, landscaping and amenities on a 10.0 gross-acre site located at 4300 Stevens Creek Boulevard in San José, California; and
WHEREAS, as further described in the Addendum, the implementation of the Project would not result in new significant effects on the environment beyond those already identified in the previously approved 4300 Stevens Creek Boulevard Mixed-Use Project FEIR, and identified mitigation measures, as amended, would continue to reduce each of those significant effects to a less-than significant level; and
WHEREAS, the related mitigation measures are described in the Addendum; and
WHEREAS, a related Mitigation Monitoring and Reporting Program (“Mitigation Monitoring and Reporting Program”) was prepared that incorporates certain applicable mitigation measures from the previously certified 4300 Stevens Creek Boulevard Mixed- Use Project FEIR; and
WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and
WHEREAS, the City Council has reviewed and considered the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR and the Addendum, and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
NVF:JVP:JMD
8/16/2022
4 T-51008.003/1944771_2
Council Agenda: 08-30-2022
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR the and Addendum, thereto, for the Project are on file in the Office of the Director of Planning, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, are available for inspection by any interested person at that location and on the Department of Planning, Building and Code Enforcement website, and are, by this reference, incorporated into this Resolution as if fully set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR, as modified by the Addendum, as well as other information in the administrative record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Addendum modifying the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Addendum modifying the 4300 Stevens Creek Boulevard Mixed-Use Project FEIR represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.
THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Addendum prepared for the Project (Planning File Nos. PDC20-021, PT21-001 and PD20-006). The Mitigation Monitoring and Reporting Program is attached hereto as NVF:JVP:JMD
8/16/2022
5 T-51008.003/1944771_2
Council Agenda: 08-30-2022
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Exhibit A and is fully incorporated herein by this reference. The 4300 Stevens Creek Boulevard Mixed-Use Project FEIR and the Addendum are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and on the Department of Planning, Building and Code Enforcement’s website, and (2) available for inspection by any interested person.
ADOPTED this ______day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
Page | 1 File Nos.: PDC20-021, PD20-012,
PT21-001 & ER21-006
UPDATED
MITIGATION MONITORING AND REPORTING PROGRAM
Stevens Creek Promenade Project Addendum
File Nos. PDC20-021, PT21-001, PD20-012, ER21-006
August 2022
Page | 3 File Nos.: PDC20-021, PD20-012,
PT21-001 & ER21-006
Stevens Creek Promenade Addendum
File Nos. PDC20-021,
PT21-001, PD20-012, & ER21-006
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility
Actions/Reports
Monitoring
Timing or
Schedule
AIR QUALITY
Impact AIR-1: The proposed modified project would create construction emissions resulting in the exceedance of BAAQMD cancer risk thresholds (18.63 cases per million which exceeds the excess cancer risk level of more than 10 cases in one million) for the MEI (Maximally Exposed Individual), similar to the approved project.
MM AIR-1.1: Prior to the issuance of any
demolition, grading and/or building permits (whichever
occurs earliest), the project applicant shall prepare a construction operations plan that includes
specifications of the equipment to be used during
construction. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying that the equipment included in the plan meets the
standards set forth below.
• For all construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total, use
equipment that meet U.S. Environmental
Protection Agency (EPA) Tier 4 emission
standards for NOx and PM (PM
10 and PM2.5).
• If Tier 4 equipment is not available, all
construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total shall meet
U.S. EPA emission standards for Tier 2 or 3
engines and include particulate matter
emissions control equivalent to CARB
verifiable diesel emission control devices that
altogether achieve a 50 percent reduction in
particulate matter exhaust in comparison to
uncontrolled equipment.
Prepare and submit a
construction operations plan
that includes specifications
of equipment to be used
during construction. The
plan shall be accompanied
by a letter signed by a
qualified air quality
specialist confirming the
construction equipment
meets the standards in MM
AIR 1.1
Prior to the issuance
of any demolition,
grading, and/or
building permits
(whichever occurs
earliest).
Supervising
Environmental Planner
of the Department of
Planning, Building and
Code Enforcement.
Review the
construction
operations plan and
letter.
Prior to the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
Page | 4 File Nos.: PDC20-021, PD20-012,
PT21-001 & ER21-006
• Use of alternatively fueled or electric
equipment may be used in combination with
or in place of diesel- powered equipment to
achieve the same percentage reduction in
particulate matter exhaust.
• Use of electrical or non-diesel equipment with
lower NOx emissions that meet the NOx and
PM reduction requirements above.
Alternatively, the project applicant could develop a
plan that reduces on- and near-site construction diesel particulate matter emissions by a minimum of 50
percent or greater. The plan shall be reviewed and
approved by the Director of Planning or Director’s
designee of the City of San José Department of
Planning, Building and Code Enforcement prior to the
issuance of any demolition, grading, or building
permits (whichever occurs earliest).
Prior to the issuance of any demolition, grading, and/or building permits (whichever occurs earliest), the
project applicant shall submit the construction
operations plan and confirmation letter from the
qualified air quality specialist to the Director of
Planning, Building and Code Enforcement or
Director’s designee, for review and approval.
With implementation of these conditions and the
mitigation measure, the cancer risk would be reduced
by 86 percent to 2.51 cases per million.
Implementation of the above mitigation measure(s)
will avoid or reduce the potential environmental impact stated above to a less than significant level.
BIOLOGICAL RESOURCES
Impact BIO-1: Construction activities associated with the proposed project could result in an impact to nesting migratory birds due to the loss of fertile eggs or nest abandonment.
MM BIO-1.1: Prior to issuance of any tree removal,
grading, demolition, and/or building permit or
activities (whichever occurs first, the project applicant shall schedule demolition and construction activities to avoid the nesting season to the extent feasible. The
nesting season for most birds, including most raptors in Avoidance of construction
activities during nesting
season. If construction
activities cannot avoid the
nesting season, a pre-
construction nesting bird
survey shall be completed by
Prior to issuance of
any tree removal,
grading, demolition,
and/or building
permit or activities
(whichever occurs
first).
Supervising
Environmental Planner
of the San José
Department of
Planning, Building and
Code Enforcement.
Confirm that
demolition and
construction
activities are
scheduled outside
of the nesting
season.
Prior to issuance
of any tree
removal,
grading,
demolition,
and/or building
permit or
Page | 5 File Nos.: PDC20-021, PD20-012,
PT21-001 & ER21-006
the San Francisco Bay area, extends from February 1st
through August 31st (inclusive).
MM BIO-1.2: If demolition and construction activities
cannot be scheduled to occur outside of the breeding
season (September 1st to January 31st, inclusive), pre- construction surveys for nesting birds following the
California Department of Fish & Wildlife (CDFW)
bird survey protocols shall be completed by a qualified ornithologist to ensure that no nests are disturbed
during project implementation. This survey shall be
completed no more than 14 days prior to the initiation
of grading, tree removal, or other demolition or
construction activities during the early part of the
breeding season (February 1st through April 30th,
inclusive) and no more than 30 days prior to the
initiation of these activities during the late part of the breeding season (May 1st through August 31st,
inclusive). During this survey, the qualified
ornithologist shall inspect all trees and other possible nesting habitats within 250 feet of the construction
areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with CDFW, shall
determine the extent of a construction-free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests will not be
disturbed during project construction.
Prior to any tree removal, or approval of any grading or demolition permits (whichever occurs first), the
qualified ornithologist shall submit a report indicating the results of the survey and any designated buffer
zones to the satisfaction of the City’s Supervising
Environmental Planner.
Implementation of the above mitigation measure(s)
will avoid or reduce the potential environmental impact stated above to a less than significant level.
a qualified ornithologist and
construction-free buffer
zones shall be designated
around any discovered nest.
The qualified ornithologist
shall submit a report
indicating the results of the
survey and any designated
buffer zones.
Review report
indicating the
results of the
survey (or any
other
environmental
investigation
reports, if
applicable) and any
designated buffer
zones.
activities
(whichever
occurs first).
HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Implementation of the proposed project could release pesticide chemicals from on-site soils into the environment, and expose construction workers to residual agricultural soil contamination.
MM HAZ-1.1: After demolition but prior to the
issuance of any grading permits, a qualified
Prepare a soil sampling
analysis and submit a report
After demolition
but prior to the
Supervising
Environmental Planner
Review and
approve soil
After demolition
but prior to the
Page | 6 File Nos.: PDC20-021, PD20-012,
PT21-001 & ER21-006
environmental specialist shall collect shallow soil
samples from the native soil layers within the surface
lots and have the samples analyzed to determine if
contaminated soil from previous agricultural operations is located on-site with concentrations above established construction/ trench worker thresholds. Once the soil
sampling analysis is complete, a report of the findings shall be provided to the Supervising Environmental
Planner of the City of San José Department of
Planning, Building, and Code Enforcement and the
Municipal Compliance Officer of the City of San José
Environmental Services Department for review.
MM HAZ-1.2: If contaminated soils are found in
concentrations above established regulatory
environmental screening levels, the project applicant
shall enter into the Santa Clara County Department of
Environmental Health’s (SCCDEH) Voluntary
Cleanup Program (VCP) to formalize regulatory
oversight for remediation of contaminated soil to
ensure the site is safe for construction workers and the public after development. The project applicant must
remove contaminated soil in order to achieve detection
levels below the applicable environmental screening
levels and acceptable to the SCCDEH. With approval
of the SCCDEH, some of the contaminated soil may be
allowed to be left in-place buried under hardscape
and/or several feet of clean soil.
The project applicant shall prepare and implement a
Removal Action Plan, Soil Mitigation Plan or other
similar report describing the remediation process and
to document the removal and /or capping of
contaminated soil. All work and reports produced shall be performed under the regulatory oversight and
approval of the SCCDEH.
Implementation of the above mitigation measure(s)
will avoid or reduce the potential environmental impact stated above to a less than significant level.
of the findings to the City of
San José Supervising
Environmental Planner for
review.
Enter into the SCCDEH
Voluntary Cleanup Program
and remove contaminated
soil to acceptable SCCDEH
levels or, with approval of
the SCCDEH, bury soils on-
site.
Prepare and implement a
Removal Action Plan, Soil
Mitigation Plan, or other
similar report to document
removal and/or capping of
contaminated soil.
issuance of any
grading permits.
After demolition
but prior to the
issuance of any
grading permits.
of the City of San José
Department of
Planning, Building,
and Code Enforcement
and the Municipal
Compliance Officer of
the City of San José
Environmental
Services Department.
Supervising
Environmental Planner
of the City of San José
Department of
Planning, Building,
and Code
Enforcement.
The Municipal
Compliance Officer of
the City of San José
Environmental
Services Department.
Santa Clara County
Department of
Environmental Health.
sampling analysis
report.
Confirm
compliance with
the Santa Clara
County Department
of Environmental
Health prior to
issuance of any
grading permits.
issuance of any
grading permits.
After demolition
but prior to the
issuance of any
grading permits.
NOISE AND VIBRATION
Impact NOI-1: The proposed modified project would result in a vibratory impact (0.268 in/sec exceeding thresholds of 0.2 in/sec) on commercial land uses to the west of the project site and the medical buildings on the project site.
Page | 7 File Nos.: PDC20-021, PD20-012,
PT21-001 & ER21-006
MM-NOI-1.1 A Construction Vibration Monitoring
Plan shall be implemented to document conditions
prior to, during, and after vibration generating
construction activities. The plan shall be submitted to the Supervising Environmental Planner of City of San
José Department of Planning, Building, and Code
Enforcement for review and approval. The Plan shall
address vibration impacts to adjacent structures. The
plan shall include, but is not limited to:
• A list of all heavy construction equipment to
be used for this project and the anticipated
time duration of using equipment that has
been known to produce high vibration levels
(tracked vehicles, vibratory compaction,
jackhammers, hoe rams, etc.)
• Avoidance methodology to avoid and/or
reduce impact to the adjacent property.
MM NOI-1.2: The project applicant shall include the
following measures as part of the approved
construction plans prior to the issuance of any
demolition or grading permits:
• Construction crews shall avoid dropping heavy
objects or equipment within 30 feet of any adjacent
structure.
• The project applicant shall ensure that all
contractors follow the prescribed vibration
mitigation measures.
• The project applicant shall designate a specific
person responsible for registering and investigating
claims of excessive vibration. The contact
information shall be clearly posted on the
construction site so as to be seen from all street
frontages.
• If cosmetic or structure structural damage to the
adjacent buildings is determined to be caused
directly or indirectly by project construction, the
project applicant shall make the necessary repairs
and provide adequate documentation of the repairs
to the Director of Planning, Building and Code
Enforcement prior to issuance of any occupancy
permits.
Prepare and implement a
Construction Vibration
Monitoring Plan which shall
include a list of all heavy
construction equipment to be
used for this project, as well
as avoidance methodology to
avoid and/or reduce impact
to the adjacent property.
Include measures in the
approved construction plans.
Prior to issuance of
any grading permit.
Prior to the issuance
of any demolition or
grading permits.
The Supervising
Environmental Planner
of City of San José
Department of
Planning, Building,
and Code
Enforcement.
The Supervising
Environmental Planner
of City of San José
Department of
Planning, Building,
and Code Enforcement
and the designated
person responsible for
registering and
investigating claims of
excessive vibration.
Review and
approve the
Construction
Vibration
Monitoring Plan.
Receive
documentation of
conditions
Review and
approve the
measures for the
construction plans.
Construction
Vibration
Monitoring Plan
shall be
approved prior
to issuance of
any grading
permits.
Documentation
of conditions
prior to, during,
and after
vibration
generating
construction
activities.
Prior to the
issuance of any
demolition or
grading permits.
Page | 8 File Nos.: PDC20-021, PD20-012,
PT21-001 & ER21-006
Source: City of San José. Stevens Creek Promenade Addendum. August 2022 Implementation of the above mitigation measure(s)
will avoid or reduce the potential environmental impact stated above to a less than significant level.