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Council Agenda: 10-04-2022
Item No.: 8.1(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 A DOPTING THE LO T E PARKING STRUCTURE
PROJECT ADDENDUM TO THE DOWNTOWN STRATEGY
2040 FINAL ENVIRONMENTAL IMPACT REPORT AND A
RELATED MITIGATION MONITORING AND REPORTING
PROGRAM IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San José (“City”) , acting as lead agency under the California Environmental Quality Act (“CEQA”), prepared and circulated an Environmental Impact Report for the Downtown Strategy 2040 (“Downtown Strategy 2040 EIR”) to update and replace the Downtown Strategy 2000 Environmental Impact Report and analyze the environmental impacts of in creased downtown development capacity under the Downtown Strategy Plan 2040 and Envision San José 2040 General Plan; and
WHEREAS, on November 28, 2018, the City’s Planning Commission reviewed and recommended that the Council of t he City of San Jos é (“City Council”) certify the Downtown Strategy 2040 EIR; and
WHEREAS, on December 18, 2018, in connecti on with the adoption of the Downtown Strategy 2040 Plan (Planning File No. PP15 -102), the City Council certified the Downtown Strategy 2040 EIR and adopt ed a mitigation monitoring and reporting program pursuant to CEQA; and
WHEREAS, the City has now prepar ed an a ddendum to the Downtown Strategy 2040 EIR pursuant to CEQA Guidelines Section 15164 to make minor modifications to the Downtown Strategy 2040 EIR (the “Addendum”); and
WHEREAS, the Addendum analyzes the Lot E Parking Structure project (the “Project”), which includes the relocation of a home currently on the project site at 160 N orth NVF:DHZ:JMD
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Council Agenda: 10-04-2022
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Montgomery Street and construction of a 1,200-space multi-level public parking garage on the approximately 2.3- acre site north of St. John Street between Bar ack Obama Boulevard and North Montgomery Street; and
WHEREAS, the Project is approximately 398,000 square feet i n size and would have one level below grade, one at-grade level, and up to six levels above grade; the height of the structure would be no more than 70 feet. Prior to construction of the structure, the proposed project site may be used as an interim public surface parking lot with approximately 270 spaces. Access locations and setbacks would be similar to those proposed in the Project; and
WHEREAS, the scale and scope of the P roject is within the development capacity analyzed in the Downtown Strategy 2040 EIR, and implementation of the Project would not result in new significant effects on the envir onment beyond those already identified, nor will the Pr oject result in an increase in the severity of significant effects identified in the Downtown Strategy 2040 FEIR, and identified mitigation measur es, 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 was prepared for the Addendum that incorporates certain mitigation measures from the previously certified Downtown Strategy EIR (“Mitigation Monitoring and Reporting Program”); and
WHEREAS, the City Council has r eviewed and considered the Downtown Strategy 2040 EIR and the Addendum, and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
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Council Agenda: 10-04-2022
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the Downtown Strategy 2040 EIR and the Addendum for the Project are on file in the Office of the Direct or of Planning, located at 200 East Santa Clara Street, 3rd Floor Tower, San Jos é California, 95113, and are available for inspection by any interested person at that location and on the Department of Planning, Buil ding and Code Enforcement website (www.sanjoseca.gov/Planning);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
1. The foregoing recitals, the Downtown Strategy 2040 EIR, and the Addendum thereto are hereby incorporated by reference as if fully set forth in the body of this Resolution.
2. The City Council hereby makes the following findings: (1) i t has independently reviewed and analy zed the Downtown Strategy 2040 EIR, as modified by the Addendum, as well as other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Addendum modifying the Downtown Strategy 2040 EIR prepared for the Project has been c ompleted in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Addendum modifying the Downtown Strategy 2040 EIR 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 2 00 East Santa Clara Street, 3rd Floor Tower, San Jos é, California, 95113, as the custodian of documents and records of proceedi ngs on which this decision is based.
3. The City Council hereby finds that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the NVF:DHZ:JMD
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Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Project will have a significant effect on the environment and does hereby adopt the Addendum prepared for the Project (Planning File N o. ER20-011). The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit A and is fully incorporated herein by this refer ence. The Downtown Strategy 2040 EIR and the Addendum are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East San ta Clara Street, 3rd Floor Tower, San Jo sé, C alifornia, 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